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March 19, 2013 Agenda
AGENDA CITY OF DENTON CITY COUNCIL March 19, 2013 After determining that a quorum is present, the City Council of the City of Denton, Texas will 3:00 p.m. convene in a Work Session on Tuesday, March 19, 2013 at in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: WORK SESSION 1. Citizen Comments on Consent Agenda Items This section of the agenda allows citizens to speak on Consent Agenda Items only. Each speaker will be given a total of three (3) minutes to address any items he/she wishes that are listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers this item. 2. Requests for clarification of agenda items listed on the agenda for March 19, 2013. 3. Receive a report, hold a discussion, and provide staff with direction regarding potential amendments to the Public Art policy. 4. Receive a report, hold a discussion, and give staff direction regarding the proposed Hotel/Convention Center. 5. Receive a report, hold a discussion, and give staff direction regarding State of Texas Legislative issues, including but not limited to SB and HB 14, related to the process of issuing bonds; HB 738, related to county authority to review a petition by a Municipal Utility District located wholly within a municipal extraterritorial jurisdiction; SB 276, related to the creation of a Local Government Corporation by a transit authority; HB 1496, related to regulation of gas wells; and legislation regarding credit access (payday lending) practices. 6. Receive a report, hold a discussion, and give staff direction regarding the procurement process associated with the 2013 Streets Bond Program. 7. Receive a report, hold a discussion, and provide staff with direction regarding delegation of authority to the City Manager to make offers and accept counter offers to purchase real property for public works and electric utility capital projects. Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law. CLOSED MEETING 1.Closed Meeting: City of Denton City Council Agenda March 19, 2013 Page 2 A. Competitive Matters Concerning Public Power Utilities – Under Texas Government Code Section 551.086. 1. Receive competitive public power information from staff regarding plans and proposals respecting the Denton Municipal Electric (“DME”) system and its resources; and discuss, deliberate and provide staff with direction regarding such matters. B. Consultation with Attorneys – Under Texas Government Code Section 551.071. 1. Consult with the City’s attorneys regarding legal issues associated with the delegation of authority to the City Manager to make offers and accept counter offers to purchase real property for public works and electric utility capital projects where the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Open Meetings Act, Chapter 551 of the Texas Government Code. 2. Consult with and provide direction to City’s attorneys regarding legal issues associated with the regulation of gas well drilling and production with the City Limits and the extraterritorial jurisdiction, including Constitutional limitations, current and proposed statutory limitations upon municipal regulatory authority, current and proposed statutory preemption and/or impacts of current and proposed federal and state law, including case law, regulations, and proposed legislation as it concerns municipal regulatory authority and matters relating to enforcement of the ordinance. 3. Consult with City’s attorneys regarding legal issues and strategies related to the adoption of a proposed ordinance regulating credit services organizations and credit access businesses, where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any potential litigation. 4. Consult with the City’s attorneys regarding legal issues associated with the creation of municipal utility districts within the City’s extraterritorial jurisdiction under existing and proposed State legislation, and administrative regulations. The duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Open Meetings Act, Chapter 551 of the Texas Government Code in this matter. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED City of Denton City Council Agenda March 19, 2013 Page 3 MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE ‘PUBLIC POWER EXCEPTION’). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV’T. CODE, §551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: REGULAR MEETING 1. PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag “Honor the Texas Flag – I pledge allegiance to thee, Texas, one state under God, one and indivisible.” 2. PROCLAMATIONS/PRESENTATIONS A.Proclamations/Awards 3. CITIZEN REPORTS 4. CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the 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, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A – L). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items A – L below will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. A.Consider approval of the minutes of: February 4, 2013 February 5, 2013 February 12, 2013 City of Denton City Council Agenda March 19, 2013 Page 4 B.Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of two Dragon Runner 20 Remotely Operated Vehicles (Small Platform Robots) from QinetiQ North America, Inc. which are available from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; with funding to be reimbursed 100% through the Dallas Fort Worth Arlington Urban Area Security Initiative, a Homeland Security Grant Program; and providing an effective date (File 5191–Purchase of Two Dragon Runner 20 Remotely Operated Vehicles for the City of Denton Fire Department Bomb Squad in the amount of $173,886). C.Consider adoption of an ordinance accepting bids and awarding a public works contract for the US Highway 380 Utility Relocations Project; providing for the expenditure of funds therefor; and providing an effective date (Bid 5190–awarded to North Texas Contracting, Inc. in the amount of $3,446,977). The Public Utilities Board recommends approval (6-0). D.Consider adoption of an ordinance accepting bids and awarding a public works contract for the Morse Street and Alexander Street Water and Sewer Replacement Project; providing for the expenditure of funds therefor; and providing an effective date (Bid 5170–awarded to Dickerson Construction Company, Inc. in the amount of $484,105.50). The Public Utilities Board recommends approval (6-0). E.Consider adoption of an ordinance of the City of Denton, Texas creating a Capital Improvements Advisory Committee pursuant to Texas Local Government Code §395.058 as a requirement before authorizing impact fees; appointing the planning and zoning commission’s members as members of the capital improvements advisory committee; providing for the appointment of and appointing one additional ad hoc member to the capital improvements advisory committee from the extraterritorial jurisdiction of the City of Denton, Texas; providing for the adoption of procedural rules for the capital improvements advisory committee to follow in performing its duties; and providing for a effective date. F.Consider adoption of an ordinance of the City of Denton, Texas, accepting that certain Special Warranty Deed, from Robson Denton Development, LP, an Arizona Limited Partnership, conveying certain lands located in the C. Manchaca Survey, Abstract No. 789, also known as Lot 1, Block A, City of Denton Water Plant, certain real property located in Denton County, Texas, according to the Conveyance Plat thereof, recorded under Document No. 2013-049, Plat Records of Denton County, Texas (The “Lands”), and being generally located on the north side of Lively Road approximately one half mile east of Seaborn Road; and providing for an effective date. G.Consider adoption of an ordinance authorizing the City Manager or his designee to execute, for and on behalf of the City of Denton, Texas, an Amendment of Temporary Lease (“Amendment”), by and between the City of Denton, Texas City of Denton City Council Agenda March 19, 2013 Page 5 (“City”) and Billie Glosser (“Tenant”), amending that certain Temporary Lease (herein so called), dated effective December 28, 2012, by and between City and Tenant, leasing to Tenant a 147.85 acre tract, more or less, located in the D. Davis Survey, Abstract No. 356, Denton County, Texas, as more particularly described in the Temporary Lease (“Property”), said Real Property being generally located along the west side of Tom Cole Road, across from the Denton Municipal Airport, said Amendment, among other terms, extending the term of, and amending the rent payable under, the Temporary Lease; authorizing the City Manager to execute the Amendment of Temporary Lease; providing a savings clause; and providing an effective date. H.Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the Unreserved Fund Balance of the General Fund with General Obligation Bonds with an aggregate maximum principal amount equal to $4,000,000 to construct and improve streets approved by voters in November 2012; and providing an effective date. I.Consider adoption of an ordinance of the City of Denton, Texas, delegating certain authority to the City Manager to make offers and to accept counter offers to purchase eligible real property interests necessary for City of Denton public works and electric utility capital improvement projects; authorizing the City Manager to execute contracts to purchase said real property interests for and on behalf of the City of Denton; authorizing the City Manager to expend funds in accordance with the terms of said contracts; providing a severability clause; and providing an effective date. J.Consider adoption of an ordinance approving a salary increase for Anita Burgess under the performance review provision of her employment agreement with the City; authorizing the expenditure of funds; and providing an effective date. K.Consider adoption of an ordinance approving a salary increase for George C. Campbell under the performance review provision of his employment agreement with the City; authorizing the expenditure of funds; and providing an effective date. L.Consider adoption of an ordinance approving a salary increase for Robin A. Ramsay under the performance review provision of his employment agreement with the City; authorizing the expenditure of funds; and providing an effective date. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider adoption of an ordinance of the City of Denton, Texas, requiring registration of credit access businesses; defining terms; establishing a registration fee; imposing restrictions on extensions of consumer credit made by credit access businesses; providing recordkeeping requirements; providing defenses; providing a penalty not to exceed $500; providing a savings clause; providing a severability clause; and providing an effective date. City of Denton City Council Agenda March 19, 2013 Page 6 B.Consider appointment of board members for Tax Increment Financing Zone Number One (Downtown TIF). C.Consider approval of a resolution of the City of Denton, Texas supporting House rd Bill 738 recently introduced in the 83 Texas Legislature, relating to the review by a county commissioner’s court of the creation of a proposed municipal utility district (MUD) within a city’s extraterritorial jurisdiction; and providing an effective date. D.Consider approval of a resolution of the City of Denton, Texas, opposing House rd Bill 1496, recently introduced in the 83 Texas Legislature, relating to the applicability of the Private Real Property Rights Preservation Act to certain governmental actions relative to oil and natural gas drilling activities; and providing an effective date. 6.PUBLIC HEARINGS A.Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a Comprehensive Plan Amendment from a “Community Mixed Use Centers” future land use designation to a “Neighborhood Centers” future land use designation; on approximately 34.04 acres of land located on the east side of Country Club Road (FM 1830), between Ryan Road to the north and Hickory Creek Road to the south, in the City of Denton, Denton County, Texas; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability clause and an effective date. (CA12-0005, Country Club Road Tract) The Planning and Zoning Commission recommends approval (7-0). B.Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Community Mixed Use General (CM-G) zoning district and use classification to a Neighborhood Residential 4 (NR-4) zoning district and use classification on approximately 34.04 acres of land located on the east side of Country Club Road (FM 1830), between Ryan Road to the north and Hickory Creek Road to the south, in the City of Denton, Denton County, Texas; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability clause and an effective date. (Z12-0010, Country Club Road Tract) The Planning and Zoning Commission recommends approval (7-0). C.Hold a public hearing and consider adoption of an ordinance approving a Detailed Plan to allow a 6,816 square-foot building for new auto parts sale on 0.835 of land located within the Wheeler Ridge Planned Development District (PD-176). The subject site is located at the southeast corner of Teasley Lane (FM 2181) and Robinson Road; and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date. (PDA12-0005, O’Reilly Auto Parts) The Planning and Zoning Commission recommends approval (7-0). City of Denton City Council Agenda March 19, 2013 Page 7 D.Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving a Specific Use Permit to allow a basic utility; a DME Electric Substation, on approximately 8.75 acres of land within a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation; located west of Loop 288, south of Audra Lane, and directly east of Audra Meadows, Phase 2 Subdivision, within the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. (S12-0005, DME Audra Substation)The Planning and Zoning Commission recommends approval (5-0). 7. CITIZEN REPORTS 8. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the ________day of ___________________, 2013 at ________o'clock (a.m.) (p.m.) __________________________________________ CITYSECRETARY NOTE: THECITYOFDENTONCITYCOUNCILCHAMBERSISACCESSIBLEINACCORDANCE WITHTHEAMERICANSWITHDISABILITIESACT.THECITYWILLPROVIDESIGNLANGUAGE INTERPRETERSFORTHEHEARINGIMPAIREDIFREQUESTEDATLEAST48HOURSINADVANCEOF THESCHEDULEDMEETING.PLEASECALLTHECITYSECRETARY'SOFFICEAT349-8309ORUSE TELECOMMUNICATIONSDEVICESFORTHEDEAF(TDD)BYCALLING1-800-RELAY-TXSOTHATA SIGNLANGUAGEINTERPRETERCANBESCHEDULEDTHROUGHTHECITYSECRETARY’SOFFICE. AGENDA INFORMATION SHEET AGENDA DATE: March 19, 2013 DEPARTMENT: ACM: Bryan Langley SUBJECT Receive a report, hold a discussion, and provide staff with direction regarding potential amendments to the Public Art Policy. BACKGROUND In 2006, the City Council approved a Public Art Policy which stated The City of Denton shall include a base of 2% for the arts from all future Capital Improvement Programs, with the option The current Public Art Policy is provided as Exhibit 1. After much discussion, the Citizens Bond Advisory Committee and the City Council recommended that voters consider up to $400,000 in public art funding as part of the $20.4 million bond program that was recently considered by the citizens. The bond program was approved by voters overwhelmingly (78% for and 22% against) on November 6, 2012. During a July 2012 Hotel Occupancy Tax Committee meeting, the Committee requested that staff initiate a discussion with the entire City Council to discuss potential amendments to the public art policy. In particular, the Committee was concerned that the policy could be interpreted to apply to a potential issuance of debt for the proposed convention center, and they wanted to clarify what debt issuances are subject to the public art policy. Currently, the policy does not define Capital Improvement Programs, nor does it differentiate between voter authorized bonds, revenue bonds, certificates of obligation, or any other debt instrument. Therefore, at a minimum, the current policy should be clarified to express the intent of the City Council. After reviewing the public art policy in detail, staff has also identified some additional concerns as well. For example, if the policy is applied to only voter authorized bonds, public art funding is limited in timing and scope. By law, public art funding can only be applied to a project that is closely related to a proposition that is approved by voters. Otherwise, the public art project must be independently approved by the voters as a separate and standalone proposition. In addition, the timing and amount of future bond programs is not known. As a result, a more reliable, flexible, and predictable source of funds is needed to properly fund public art projects. Agenda Information Sheet March 19, 2013 Page 2 public art projects. The Public Art Fund is recommended to have a minimum balance of $500,000, but not more than $1,000,000, for eligible projects. The source of these funds can be from any funding source deemed appropriate by the City Council, and the funds will be replenished annually by the City Council so that the balance is maintained within the parameters defined above. By doing so, the City Council will have more flexibility to use the funds for any public art project that they choose. In addition, the Public Art Fund will provide a more reliable and predictable source of funds for public art projects. The current public art policy also indicates that the Public Art Committee serves in an advisory capacity to the Parks, Recreation, and Beautification Board. Since potential public art projects may be at a number of City facilities (e.g. Airport, Convention Center, etc.), staff recommends that this Committee report directly to the City Council. By doing so, communication regarding public art projects will be improved and strengthened. To address the above issues, clarify language, and improve sentence structure, staff has drafted potential language revisions to the Public Art Policy. These changes are shown in the redline version of the policy which is attached as Exhibit 2. Further, in Exhibit 3, a PowerPoint presentation is provided which will be used to facilitate a discussion of the issues with the City Council. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On April 18, 2006, the City Council approved the current version of the Public Art Policy by Resolution R2006-014. On March 12, 2013, the Public Art Committee reviewed the proposed Public Art Policy revisions, but no formal action was taken by the Committee. EXHIBITS Exhibit 1: Current Public Art Policy Exhibit 2: REDLINE Version of Public Art Policy with Proposed Amendments Exhibit 3: PowerPoint Presentation Respectfully submitted: Bryan Langley Assistant City Manager EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 2 City of Denton Public Art Policy I. Intent and Purpose community has for sustaining and promoting its unique, creative identity. Art enhances the cultural, physical, and psychological environment by enlivening and humanizing 1 public spaces. As stated in The Denton Plan: to the city. It can create interest, create local distinctiveness, provide a memorable image associated with the city or certain districts within the city, lend character to urban spaces, Denton has experienced a rich tradition of promoting the arts for over a century. The first art course was taught at the University of North Texas (Texas Normal College and College) in 1901. Both art programs have had a significant impact on Denton, which continues today, making it a home for hundreds of professional artists and influencing In recognition of the role that public art already plays in Denton, by interpreting its history, character, and aspirations, and of the importance of integrating public art into the the following goals: Create distinct, attractive, and inviting public space by including public art as an integral part of the design of spaces and around development. between artists and the community. quality public art in locations of prominent stature. Foster community education and enjoyment of public art. Promote a community environment that attracts artists to live and work, businesses to invest and locate, and residents to thrive. Encourage participation in the provision of public art through public and private investment. Advance collaboration between the City of Denton,and the Greater Denton Arts Council (GDAC),and other artistic groups and organizations in the community to inachieveingthe goals of this policy. II. Definition of Public Art Public art, as defined by this policy, encompasses the broadest definition of visual art including all artistic disciplines. Public art governed by this policy shall be art that is visually or physically accessible to the public and that is acquired by, donated to, and approved by the City of Denton. Public art that is neither paid for with public funds, nor 1 Denton Plan 1999-2020 Comprehensive Plan of the City of Denton, Texas Policies, Goals, Strategies & Implementation. EXHIBIT 2 created through special conditions by approval of the City of Denton, is not governed by this policy. III. Policy Administration The City Council shall establish and appoint a Public Art Committee that will serve in an advisory capacity to theParks, Recreation and Beautification Board City Council. This Public Art Committee, established by separate ordinance, will make recommendations on the: Commissioning, placing, and installing of public art Implementation of funding mechanism(s) for public art Effective and efficient management of public art Ongoing maintenance of public art Accessioning, deaccessioning and resiting of public art The Public Art Committee will provide as appropriate an annual report detailing its goals and accomplishments related to the implementation of this policy. The Director of Parks and Recreation Department will serve administeras thestaff liaison to the Public Art Committee Policy for the City of Dentonin collaboration with GDAC. The Denton City Council will appoint two members representing the GDAC to the Public Arts Committee. The GDAC Board of Directors will nominate these members. The City Council may also appoint additional members to the Public Art Committee which represent other artistic groups and organizations in the community. The GDAC Executive Director and the Parks and& Recreation Director will serve as ex- officio members on the Public Art Committee. The Public Art Committee will develop detailed guidelines outlining all aspects involved with the implementation of this policy. IVCommunity Involvement . The Parks, Recreation and Beautification Board and the City Council seeks to ensure citizen involvement through the establishment of the Public Art Committee and the review and approval of each public art project. In addition, the Public Art Committee will work with the GDAC,and local educational institutions,toand otherartistic groups and organizations in the community to educate and inform citizens about projectsand the process for involvement. V. Funding Funding for public art should be realized from both public and private sources to insure a broad and balanced program. Public Funding To provide funding for Public Art, Tthe City of Denton shall establish a separate fund for public art projects. The Public Art Fund will maintain includeaminimum balance base of $500,000, but not more than $1,000,000, for eligible projects. The source of these funds will be from any funding source deemed appropriate by the City Council including, but not limited to, 2% for the arts from all future voter approved Page 2 of 6 EXHIBIT 2 Capital Improvement Bond Programs Authorization Elections, Certificates of Obligation, or allocations from operating budget. If the balance of the Public Art Fund is reduced below the $500,000 minimum during the course of a fiscal year, the funds will replenished during the subsequent fiscal year at the direction of the City Council. with the option and flexibility to increase to a 4% maximum, based on needs and economic conditions.Funds appropriated will be utilized to support City approved and initiated projects.Funds from individual projects can be combined into aggregate project(s). Annually, commencing with program year 2007, at least 2.4% of the total Hotel Occupancy Tax (HOT) revenues will be allocated for public arts projects as allowed under Texas Tax Code 351.103 (c). This represents 16.01% of the 15% maximum that is allowed for the arts category, and allows for sustained funding of existing agencies in the arts category and provides a balance for potentially new agencies.Funding eligibility will be contingent on fulfillment of financial, reporting, and use requirements as outlined by the Hotel Occupancy Tax Program Guidelines. Tax abatements to developers that include publicly accessible art as a significant component of the development are outlined in the Denton Policy for Tax Abatement. Under this policy, Fifty percent of the the City may consider granting an additional 5% tax abatementsavings from 5% abatement should be committed to public artfor projects provided that at least 50% of the additional tax abatement is committed to public art. Private Funding The Parks and Recreation Department,City Council, Public Art Committee, and GDAC, and other artistic groups and organizations in the community will actively pursue public and private sources to fund public art initiatives. Individuals, businesses and organizations will also be encouraged to make contributions. With the exception of HOT funds, aAllother public art fundingsfor public art received by the City of Denton from any source other than Capital Improvement Programsand HOT funds will be deposited intoaseparate public art agency Public Art Fund account established by the City of Denton. Theseis funds will be used to support city-initiated public art projects as approved by the City of DentonCouncil. The Parks and Recreation Department will administer this fund and agency account. The Public Art Committee will have responsibility for making recommendations for allowable uses of these funds with final approval by the City Council. VI. Site Selection As established in The Denton Plan: Page 3 of 6 EXHIBIT 2 The provision of public art will normally be expected as part of any large development scheme. Public art should be considered as an integral part of the design of space in and around development. The Public Art Committee should adopt standards to guide the placement of art in public places such as landmarks, view corridors, pockets, traffic circles, and other locations of prominent stature. Site locations for public art will be identified and recommended by the Public Art Committee to theParks, Recreation and Beautification Board, with final approval by the City Council. As requested by the City Council, tThe Public Art Committee will make its recommendations to: Complement and supplement other planning documents and adopted masterplans. Insure visual and physical access by the public. Insure suitability and appropriateness of art to the site. Provide a balanced and equitable distribution of art in the city. Allow for efficient management and maintenance of the art at the site location. VII. Eligible Projects The Public Art Committee will be responsible for the development of specific guidelines in making recommendations for eligible projects. In general, eligible projects will include: The commissioning of permanent works designed for specific public sites in Denton The loan, purchase, or donation of art works The installation of short-term projects that result in the creation of temporary or permanent public art VIII. Art and Artist Selection The Public Art Committee will develop and adopt specific criteria for the selection of artists and artwork with final approval from the City Council. Methods used for artist selection may include open competition, invitational competition, or direct selection and must comply with all laws, regulations, and city policies governing purchasing. IXOwnership and Copyright . Permanent pieces of public art shall be the property of the City of Denton. The City shall own the physical work, with unlimited reproduction rights allowed the City for appropriate promotional and educational purposes. Legal title and copyrights in any work of public art will be spelled out contractually between the City and the artist/owner. X. Maintenance Prior to acceptance of any piece of artwork by ,the Public Art Committee, a is required to develop a recommendation should be developed for its short and long-term maintenance, including a budget for each project. All permanent public art projects must have a maintenance plan that projects both staff time and funding required to properly Page 4 of 6 EXHIBIT 2 maintain the work. The City of Denton shall be responsible for the maintenance and management of city initiated public art projectsapproved by the City Council. XI. Accessioning, Deaccessioning, and Resiting of Public Art Gift acceptance and placement of public art should be in accordance with historic use and in keeping with the City of Denton general public art goals. The quality, scale, and character of the gift should be appropriate to the particular setting. Donations of works that require the City of Denton to pay installation, framing, restoration, or repair are not encouraged. The City of Denton will evaluate such expenditures at the time the gift is considered. Works of art requiring high or excessive maintenance may be declined. All donations of art must be reviewed by the Public Arts Committee and the Parks, Recreation and Beautification Board, and must be approved by the City Council with due consideration given to any Public Art Committee recommendations. In accordance with the provisions of guidelines established by Public Art Committee, the City of Denton shall deaccession and dispose of works of art in its collection only when it finds such action to be in the public interest or as a means of improving the quality of the collection or public safety. Works of public art may be relocated or removed if a gift or commissioned piece becomes a hazard or liability or if the approved terms of acceptance are not fulfilled. Works of art that meet the definition for public art covered by this policy but which came into existence prior to the adoption of the policy will be subject to this same deaccessioning procedure. XII.Temporary Exhibits Public art projects may include installations, artist-in-residence programs, and other short-term projects that result in the creation of temporary public art. XIII. Lending Policy Artwork may be loaned to other agencies or entities if deemed appropriate by the Public Art Committee with final approval of the City Council with due consideration given to any Public Art Committee recommendations. The Public Art Committee will be responsible for recommending criteria for establishing a lending policy. Page 5 of 6 EXHIBIT 2 The Denton Public Art Policy is based upon the Arlington County, Virginia, Public Art Policy. Page 6 of 6 AGENDA INFORMATION SHEET AGENDA DATE: March 19, 2013 DEPARTMENT: ACM: Jon Fortune SUBJECT Receive a report, hold a discussion, and give staff direction regarding the proposed Hotel/Convention Center. BACKGROUND Pursuant to the long standing objective to provide adequate convention center facilities to meet the needs of the community and to encourage and promote economic development through convention and tourism related activity in the community, the City has considered many proposals to build a such a facility over the past few years. Recently, staff has been reviewing a elements to be a successful project. Staff has been working from this proposal to finalize a draft Development Agreement in collaboration with OHM and UNT to build a convention center and convention center hotel. Though last year there were a number of community briefings on this project, staff wanted to provide another update as completion of the proposed Development Agreement draws nearer. The attached presentation will provide an historical review of the project since the City began talks with both UNT and OHM; a general overview of the hotel, convention center, and restaurant; a discussion of the financing for the convention center; and next steps. If approved, the project will be built on UNT property which will be leased to the City to build and own the convention center, and to OHM to build and own the Hotel. The City plans would include leasing the convention center to OHM to manage and operate. It is important to note that the City would be funding the convention center only and not the hotel. The hotel is planned to be an Embassy Suites of approximately 318 rooms (twelve stories tall) an approximately $60 million investment. The convention center is currently planned to be a 120,000 square foot facility and includes a 60,000 sq/ft exhibit hall and an 18,000 sq/ft ballroom. It will be designed to handle very large events and be able to accommodate 1,200 for banquet style seating, 1,800 for reception events, and up to 2,000 with theater style seating. The City would fund and own the convention center which is estimated to cost $25 million. Agenda Information Sheet March 19, 2013 Page 2 Financing of the convention center is anticipated through the issuance of Certificate of Obligation Bonds which would be self supported from project related revenue, and includes an project also anticipates the creation of a Tax Increment Investment Zone to capture the growth in appraised value of the project. Both the County and DISD will be invited to participate, though there have been no commitments to do so. Staff plans to provide additional details during the Work Session discussion and will be available to answer any questions you may have regarding this exciting project. PRIOR ACTION/REVIEW September 2011 January 2012 City, OHM and UNT reach non-binding agreement on guiding principles to negotiate a development agreement. March 2012 City and OHM meet with local hotel operators at the Quarterly Convention and Visitor Bureau Hospitality Meeting to present the proposed project. May 2012 City Council Work Session to receive overview of proposed project and meet with the prospective developer, illy. December 2012 City and OHM present proposed project to the DISD Trustees during a Trustee Meeting. FISCAL IMPACT The proposed Convention Center Hotel and Restaurant are estimated to cost $60 Million and will be funded and owned by OHM. The Convention Center, which will be owned by the City, is estimated to cost $25 Million and will be funded through the issuance of Certificate of Obligation Bonds. Project related revenue (Hotel Occupancy Taxes, TIRZ revenue and sales taxes) plus rent payments by OHM will be dedicated to meet the required annual debt obligations to fund the Convention Center. EXHIBITS PowerPoint Presentation Respectfully Submitted: ______________________________ Jon Fortune Assistant City Manager AGENDA INFORMATION SHEET AGENDA DATE: March 19, 2013 DEPARTMENT: City Manager’s Office ACM: John Cabrales, Jr. SUBJECT Receive a report, hold a discussion, and give staff direction regarding State of Texas Legislative issues, including but not limited to SB and HB 14, related to the process of issuing bonds; HB 738, related to county authority to review a petition by a Municipal Utility District located wholly within a municipal extraterritorial jurisdiction; SB 276, related to the creation of a Local Government Corporation by a transit authority; HB 1496, related to regulation of gas wells; and legislation regarding predatory payday lending practices. BACKGROUND SB and HB 14, relating to the fiscal transparency and accountability of certain entities responsible for public money. Based on a summary analysis shared by Denton’s legislative consultant, Fred Hill, HB and SB 14, as introduced in the current session of the Texas Legislature, would alter the process for issuance of certificates of obligation by cities and counties, and would significantly increase items required to be shown on ballots for bond elections. Additionally, it would create increased ongoing reporting requirements regarding indebtedness. Exhibit 2 is the full analysis from Mr. Hill and provides the details of how the bill would impact Denton. Staff has also provided the letter sent from TML to Chairman Pitts and the members of the House Appropriations Committee in opposition to HB 14, attached as Exhibit 3. Exhibit 4 is a second thorough analysis on the proposed legislation provided by Denton’s bond counsel, Greg Shaecher. Bill History: HB 14, Filed by Rep. Jim Pitts, 2-7-13 Introduced and referred to committee on House Appropriations, 2-11-13 SB 14, Filed by Sen. Tommy Williams, 2-7-13 Introduced and referred to committee on Senate Finance, 2-13-13 Sent to Finance Subcommittee, 3-4-13 HB 738, relating to the review of the creation of certain proposed municipal utility districts by county commissioners courts. Agenda Information Sheet March 19, 2013 Page 2 HB 738 pertains to the creation of a Municipal Utility District (MUD) under Chapter 54 of the Texas Water Code. Under current law, if a MUD is proposed to be located within the ETJ of a city, only the city has a role in consenting or refusing to approve its creation. A county has a role in the creation process, if it chooses to exercise it, only when all or a part of the proposed MUD is to be located outside a city’s ETJ. The county’s role as set forth in Section 54.016 is to review the MUD petition filed with the TCEQ, and to submit a written opinion stating whether or not the county recommends the creation of the MUD. HB 738 proposes to expand a county’s review to include MUDs proposed to be created entirely within a city’s extraterritorial jurisdiction (ETJ). Further, the review is mandatory, and not discretionary as it is under current Section 54.016. This could potentially lead to a scenario where a city and county can be at odds over the creation of a MUD to be located entirely within a city’s ETJ. If a county objects to the creation of a MUD even though a city is in favor of its creation, a county can request a public hearing before the TCEQ Commission, as allowed by Chapter 54, and present its arguments against the MUDs creation. If the county succeeds at the public hearing, the TCEQ Commission will deny the petition. It is staff’s understanding that HB 738 was crafted by Denton County Commissioner Hugh Coleman, in order to provide assistance to smaller towns and cities within the county when they are faced with large developers and do not have the resources available to effectively deny a MUD’s petition. With this understanding in mind, staff provided a second draft recommending to the Commissioner and Representative Crownover’s Chief of Staff that the bill be bracketed to cities with a population under 100,000, thereby exempting the City of Denton from the legislation and maintaining the City’s current authority and local control within its ETJ. Also of note, many medium and large cities are opposed to the legislation as originally crafted, but would be in support of the legislation were it bracketed to 100,000 population – these cities include, but are not limited to Austin, San Antonio, Houston, and Sugarland. As a result of staff conversations with Commissioner Coleman, he provided a third draft bill that would require TCEQ to notify counties if a MUD petition was filed entirely within a city’s ETJ, giving the counties the authority to review the petition, and removing the City’s proposed population bracket. Following a meeting between staff and Commissioner Coleman, a fourth draft was proposed by city staff, which amended the Commissioner’s third draft by adding the 100,000 population bracket to the language. Finally, Commissioner Coleman submitted a fifth draft to staff to review, which removes the population bracket and maintains language permitting the county to review MUD petitions in which all or part of a proposed district is to be located. Each of the bill iterations are attached as Exhibit 5. Per Council’s request, a resolution in support of HB 738 is on the March 19 agenda as an Item for Individual Consideration. Because there are multiple iterations of the bill draft, the resolution for consideration provides broad support for the legislation. The County Commissioner’s Court passed a similar resolution in support of HB 738 on February 12, 2013, attached as Exhibit 6. Agenda Information Sheet March 19, 2013 Page 3 Bill History: Filed by Rep. Myra Crownover, 1-28-13 Introduced and referred to committee on House Special Purpose Districts, 2-18-13 Denton State Legislative Program Statement: Oppose legislation that would reduce a municipality’s authority and discretion to approve the creation of a special district within a city’s incorporated area or ETJ, including the expansion of a district’s boundaries or powers. SB 276 and HB 1274, relating to the authority of certain transportation authorities to create a local government corporation. A local government corporation (LGC) is an entity, created to act on behalf of its creating authority. It is governed by Chapter 431 (Texas Transportation Corporation Act), Transportation Code, and has the rights and privileges of a nonprofit corporation. Section 431.021 (Purpose of Corporation), Transportation Code, states that “The purpose of a corporation is limited to the promotion and development of public transportation facilities and systems.” Specific powers include the ability to accept tax-deductible donations, including monetary and land grants; buy, assemble, and sell land; and issue bonds with the creating entity’s credit. A LGC is not authorized to levy a tax. SB 276 and HB 1274 add Denton County Transportation Authority to the categories of governmental entities authorized to create LGCs under Chapter 431, Transportation Code (Bill Analysis, Senate Research Center). The Dallas Area Rapid Transit (DART) and Fort Worth T are both authorized to create a LGC. DART has exercised its authority and created a LGC, through which it developed express bus service for Mesquite, which was not an original member and contributing city of the transit authority. Staff has reviewed the legislation and the statutes affected by SB 276 and HB 1274. As a result of thorough review, certain concerns have been raised. 1.A local government corporation can issue bonds, but cannot levy taxes or fees. The creating authority (DCTA) assumes the financial risks. As a contributing member of the creating authority, City of Denton sales tax dollars, as part of DCTAs revenue stream, could be used to pledge and back any bonds issued. If the LGC cannot back the bonds, DCTA, using City of Denton sales tax as a contributing city, would be called upon to do so. 2.City staff originally proposed to DCTA that the legislation include bracketed language, applicable only to DCTA’s authority to create a LGC, which would provide that only the three contributing members could create the LGC. DCTA was not amenable to this proposal. Consequently, city staff suggested that the bylaws be amended to provide this restriction. DCTA staff is recommending a bylaw change to require that, including the Board of Directors, at least two contributing members must agree to create the LGC. Agenda Information Sheet March 19, 2013 Page 4 3.A local government corporation is exempt from competitive procurement processes, so it may award no-bid contracts in association with construction projects. At the end of the day, staff is concerned that Denton sales tax dollars could be pledged to fund other projects, thereby taking money from Denton projects and compromising Denton’s rail and bus service. Denton State Legislative Program Statement: Support legislation that directly benefits Denton County Transportation Authority, if such proposals do not adversely affect the city’s interests. Bill History: SB 276, Filed by Sen. Kirk Watson, 1-28-13 Introduced and referred to committee on Senate Transportation, 3-6-13 Reported favorably from committee on Senate Transportation, 3-11-13 Recommended for Local/Uncontested Calendar, 3-11-13 HB 1274, Identical Companion bill, filed by Rep. Myra Crownover, 2-13-13 Referred to House Transportation, 2-28-13 Committee Action Pending, 3-12-13 HB 1496,relating to governmental actions affecting private property rights in certain oil and gas wells. Representative Van Taylor of Plano filed HB 1496 on February 19. Of note, this bill: adds the development of mineral rights to the list of protected private property rights, thereby potentially exposing the city to litigation arising from “takings” claims; proposes to protect against a city regulation that “has the effect of preventing or prohibiting the development of an oil or gas well that has been permitted by the Texas Railroad Commission under Chapter 91, Natural Resources Code;" and continues to expressly allow municipalities to address visual aesthetics, noise abatement, and hours of operation. Bill History: Filed 2/19 by Rep. Van Taylor Referred to the House Energy Resource Committee on 2/25. Correctively referred to the House Land and Resource Management Committee on 3/4. Denton State Legislative Program Statement: Support legislation that would allow local governments to enact ordinances relating to health and safety regulations as applied to gas drilling and production activities. Agenda Information Sheet March 19, 2013 Page 5 Per Council’s request, this item is also scheduled as an Item for Individual Consideration as a resolution in opposition to HB 1496. Big cities that would also be impacted by this legislation, such as Dallas, Arlington, and Fort Worth are not passing resolutions regarding this bill. To staff’s knowledge, only the Town of Flower Mound and the City of Southlake have passed such a resolution. Payday Lending/Credit Access Business Legislation Over 20 bills have been filed in the Texas State Legislature that relate to credit access businesses, or payday lenders as they are known. Two bills filed expressly preempt city ordinances, HB 2706 by Rep. Mike Villareal and SB 1247 by Sen. John Carona. These bills, although more comprehensive than other bills filed last session and this session, the fact that they preempt municipalities’ zoning and police power authority may be cause for opposition. SB 1247 is being heard in the Senate Business and Commerce committee on Tuesday, March 19. TML plans to testify in opposition with regard to municipal preemption. The time and location of the hearing have not been set as of the drafting of this AIS. The other side of this debate is carried by Senator Wendy Davis. Sen. Davis has filed six bills related to payday lending. Of interest are SB 999 and 1000, which expressly permit municipalities to regulate credit access businesses and activities. Details on each of these and the other filed bills are provided in Exhibit 9. Staff is not attaching the individual bills due to the number and length of each. If you would like a copy of a particular bill, Lindsey Baker can provide this to you at your convenience and in your preferred format (electronic or hard copy). You may contact her at Lindsey.Baker@cityofdenton.com or 940-349-8234. EXHIBITS 1.HB and SB 14 as filed. 2.Summary of House and Senate Bill 14, as shared by Fred Hill. 3.Texas Municipal League Letter to Chairman Pitts on HB/SB 14. 4.Summary of House and Senate Bill 14, as provided by Greg Shaecher. 5.HB 738 Originial Bill and additional Iterations (5 bills total). 6.Denton County Commissioner’s Court Resolution in support of HB 738. 7.SB 276 as filed. 8.HB 1496 as filed. 9.Analysis of Payday Lending/Credit Access Business bills filed. Respectfully submitted: ___________________________ Lindsey Baker Assistant to the City Manager EXHIBIT 2 49 SH/SB14 UMMARY OF OUSEENATE ILL ICM(C) MPACT ON OUNTIES AND UNICIPALITIES ITIES HB and SB 14, as introduced in the current session of the Texas Legislature, would alter the process for issuance of certificates of obligation by cities and counties, and would significantly increase items required to be shown on ballots for bond elections. Additionally, it would create increased ongoing reporting requirements regarding indebtedness. Shown below are impacts which we believe would result from the provisions of HB and SB 14. GENERAL IMPACT likely result in Increases difficulty in issuance of certificates of obligation, which would higher financing costs, particularly for utility system or other enterprise fund improvements confusion regarding bond elections Creates and ballot provisions unfunded mandates and redundancy for local governments Create remove local control Seeks to from Counties and Municipalities duplicative, redundant and unnecessary Disclosure requirements are . CERTIFICATES OF OBLIGATION Section 16. would amend Section 271.049. LOCAL GOVERNMENT CODE This section alters the requirements to issue certificates of obligation, including: a change in the required date for publication of notice from 30 to 45 days prior to authorization the notice must be continuously posted on the issuer’s website for at least 45 days prior to authorization the notice must include: Outstanding principal of all debt obligations Current combined principal and interest required to fully retire all outstanding debt obligations Principal of the certificates to be authorized Estimated combined principal and interest to fully retire the certificates to be authorized Estimated rate of interest for the certificates to be authorized Maturity date of the certificates to be authorized The process by which a petition may be submitted requesting an election on issuance of the certificates 49 EXHIBIT 2 50 Changes the minimum required number of eligible petition signatures from 5% of eligible voters to 5% of the actual number of voters in the most recent gubernatorial election COMMENT: The increase in the number of days of notice will result in needless delays to projects and increased professional fees, which may impact issuers’ ability to take advantage of opportunities. The requirements in the proposed legislation do not adequately distinguish between tax supported and revenue supported debt. In particular, many Texas cities now utilize certificates of obligation to finance utility system improvements, instead of issuing utility revenue bonds. Self-supporting certificates are paid by the utility fund(s) and not from taxes. Certificates secured by ad valorem taxes have definite economic advantages over revenue bonds. Certificates will be higher rated, and have lower interest rates No debt service reserve is required for certificates, and issue size will be smaller and annual interest cost will be lower Although secured by ad valorem taxes, no ad valorem taxes are levied if revenues are budgeted for deposit in debt service fund No mandatory excess coverage of annual debt service by revenues is required for certificates; therefore, utility rates paid by citizen users will be lower Disclosure of both principal and interest outstanding through final maturity is misleading and uncommon in real-world discussions of debt such as consumer mortgages. Typically, only the principal amount is discussed in such cases. Required disclosure also fails to take into account outstanding debt service structure, where typically 60% of outstanding principal retired in ten years. Misleading disclosure could lead to federal securities law exposure, as the information to be provided by the bills is incomplete, and could depress market values in the secondary market. BOND ELECTIONS Ballot Propositions Subchapter B. BOND MATTERS…Under Sections 1251.051 - .054, the proposition for a bond election would be required to state, on both a total and per-capita basis, the following: Current outstanding principal Current combined principal and interest required to fully retire outstanding debt Principal of the bonds to be authorized 2 50 EXHIBIT 2 51 Estimated combined principal and interest to fully retire the bonds to be authorized Purpose for which the bonds are to be authorized Estimated rate of interest for the bonds to be authorized Maturity date of the bonds to be authorized COMMENT: Much of this information is already provided to the voters and the public. Counties and citiesput out factual information to voters under the limits prescribed by the Texas Ethics Commission. If the level of required ballot disclosure is passed, then issuers should also be given the ability to communicate how a particular initiative will correct deficiencies or provide solutions to facilities needs, and be allowed to publicly advocate for the needed facilities and improvements related to ballot propositions. Estimation of full principal and interest, interest rate and final maturity is particularly problematic and impractical for issuers which seek multi-year authorizations or cause issuers to seek more bond elections which will increase the cost of debt, because bond elections in some jurisdictions are costly. Estimates in such cases would have little value as issuance size, timing and changes in interest rates may likely have significant variation between time of authorization and ultimate time of issuance. The required information would become part of the “contract with the voters”, which could prevent issuers from being able to react to market conditions when bonds are issued, especially when taking into account multi-year authorizations of approved bonds or potentially limit the ability to effect refunding for interest rate savings LOCAL CONTROL Sec. 1202.008. COLLECTION AND REPORT OF INFORMATION ON LOCAL SECURITIES…requires that the attorney general may not approve a local security under section 1202.003 until the attorney general receives written notification from the Bond Review Board that the board: (1) has received the information required by Subsection (c) or (2) has agreed to a later date for the submission of the information. COMMENT : This provision would allow the Bond Review Board to control the COMMENT: This provision would allow the COMMENTBond Review Board to control the COMMENT bond issuance of local political subdivisions that are not state agencies. In bond issuance of local political subdivisions that are not state agencies. In addition to potential Bond Review Board control of local issuance, the process addition to potential Bond Review Board control of local issuance, the process could increase the time to close a bond issue, which could increase interest costs could increase the time to close a bond issue, which could increase interest costs of Texas issuers. In 2012, over 1,350 bond issues were approved by the Attorney of Texas issuers. In 2012, over 1,350 bond issues were approvedissues were approved by the Attorney General. There is question as to whether the Bond Review Board is staffed to General. There is question as to whetGeneral. There is question as to whether the Bond Review Board is staffed to General. There is question as to whet meet this type of demand and at what cost meeting that demand would be incurred meet this type of demand and at what costmeet this type of demand and at what cost meeting that demand would be incurred 3 51 EXHIBIT 2 52 as well as increasing the time to necessary to access the capital markets, which as well as increasing the time to necessary to access the capital markets, which could result in significant interest rate costs over the life of the bonds. could result in significant interest rate costs over the life of the bonds. REDUNDANT INFORMATION Section 1231.104-106…requires each issuer of a local security to provide: Outstanding Principal Repayment schedule Other information COMMENT: This information is redundant with required information in other portions of the proposed legislation, and item 3 is ill defined. All issuers of debt are required to provide Continuing Disclosure to which provides this and much more information to the public 180 days after each fiscal year. A possible solution would be for issuers to make their Continuing Disclosure filings available to the general public, which would eliminate redundancy in the provision of this information. 4 52 EXHIBIT 3 53 53 EXHIBIT 3 54 54 EXHIBIT 3 55 55 EXHIBIT 4 56 600 CONGRESS AVENUE, STE. 1800 717 NORTH HARWOOD, STE. 900 700 N. ST. MARY'S STREET, STE. 1525 AUSTIN, TEXAS 78701-3248 DALLAS, TEXAS 75201-6587 SAN ANTONIO, TEXAS 78205-3503 T: 512 478-3805 T: 214 754-9200 T: 210 225-2800 ELEPHONEELEPHONEELEPHONE F: 512 472-0871F: 214 754-9250F: 210 225-2984 ACSIMILEACSIMILEACSIMILE SummaryofHouse/SenateBill14 House/SenateBill14(the"Bill"),whichhasbeenintroducedinthecurrentsessionoftheLegislature,has thestatedgoalofincreasingfiscaltransparencyandaccountabilityoflocalgovernments.Wewantto bringtoyourattentionthedetailsofcertainprovisionsoftheBillthatwebelievewillsignificantly increaselocalgovernmentreportingrequirementstotheStateofTexasandimposegreaterhindrances totheabilityoflocalgovernmentstomanagetheirownfiscalaffairs.Whilewebelievefiscal transparencyandaccountabilityisalaudablegoal,theBillhastheeffectofremovinglocalcontrolover fiscalaffairs,creatingconfusionregardingfuturebondelectionprojectsandpropositions,andcreating duplicativereportingmandateswithnofundingprovided.Belowisasummaryofimportantprovisions ofthebill.Weencourageyoutocontactusifyouhaveanyquestionsorconcerns. I.NewReportingRequirementsforSchoolDistrictsandOpenenrollmentCharterSchools TheBillcreatesburdensomereportingrequirementsonschooldistrictsandopenenrollmentcharter schools.Section1ofthebillincludesanewrequirementthatallschooldistrictsmaintainanInternet website,andpostallofthefollowinginformationatleastannually,andmorefrequentlyifnecessaryto ensurethattheinformationisaccurate: (1)Aninventoryofexistinginstructionalfacilities,including: a.thetotalavailablesquarefootageandmaximumstudentcapacityofallinstructional facilities; b.thetotalcurrentstudentenrollmentofallschoolscombined;and c.foreachseparateinstructionalfacility: (i)squarefootage; (ii)maximumstudentcapacity;and (iii)currentstudentenrollment. Aninventoryofallfacilitiesotherthaninstructionalfacilities,including: (2) a.squarefootage; b.astatementofthefacility'scurrentuse;and c.anyotherinformationrequiredbythecommissioner. 56 EXHIBIT 4 57 Section1oftheBillalsorequiresthatschooldistrictsandcharterschoolsreportthefollowing informationregardingeveryconstructionorrenovationproject: (1)Foraninstructionalfacility: a.thesquarefootageofthefacility; b.thesquarefootageperstudent; c.thecostpersquarefoot; d.thecostperstudent;and e.theaveragecostofconstructingacomparablefacilityintheregion. (2)Foranyfacilityotherthananinstructionalfacility: a.thesquarefootageofthefacility; b.astatementoftheintendeduseofthefacility; c.thecostpersquarefoot; d.theaveragecostofconstructingacomparablefacilityintheregion;and 1 e.anyotherinformationrequiredbythecommissioner. Atthebeginningofaconstructionorrenovationproject,aschooldistrictorcharterschoolmust posttheaboveinformationbasedonestimatedcostsandanticipateddesignplans.Aftertheprojectis completed,theactualcostsandfinalspecificationsoftheprojectmustbeposted. Section13ofthebillrequiresopenenrollmentcharterschoolstoprepareandpostonthe Internetanannualfinancialstatementshowing,foreachfund: (1)thetotalreceiptsofthefund,itemizedbysourceofrevenue,includingtaxes,assessments, servicecharges,grantsofstatemoney,gifts,orothergeneralsources; (2)thetotaldisbursementsofthefund,itemizedbythenatureoftheexpenditure;and (3)thebalanceinthefundatthecloseofthefiscalyear. COMMENTARY:Theprovisionsdescribedabovewillrequireasignificantincreaseingatheringand reportinginformationthatwebelievewillconsumeadministrativetimeandcost.TheBilldoesnot providefinancialassistancetocomplywiththerequirements.Additionally,theBillfailstoaccountfor therealitythatconstructionprojectsareeffectedbyeconomicconditionsatthetimeconstruction commences,andcostsmaybehigherorlowerbasedongeneraleconomicconditions,shortagesin materials,demandforworkers,etc.ConstructioncostsalsovaryacrosstheStateduetogeographic locationandpopulationsandtheBillfailstodefinewhat{©;mz|means;thetermdoesnotappearto meanregionaleducationservicecenters.Last,becausetheStatealreadyprescribesstandardsfor educationalfacilitiestopreventovercrowding,theseprovisionsoftheBillappeartobeduplicativeand causeaninefficientuseofschooldistricttimeandresources,withoutaclearpurposethereporting requirementswouldachieve. 1 TheBillprovidesthatCommissionerofEducationshallperiodicallyupdateinformationregardingtheaveragecost persquarefootineachregionoftheStateofconstructinginstructionalfacilitiesandotherschooldistrictoropen enrollmentcharterschoolfacilities. 57 EXHIBIT 4 58 II.NewReportingRequirementsforJuniorCollegeDistricts Section3oftheBillrequiresjuniorcollegedistrictstoreportbuildingconstructioncostsandrelated informationtotheTexasHigherEducationCoordinatingBoardforthepurposeofdetermining: (1)theaveragecostpersquarefoot;and (2)theaveragecostperstudentforeachjuniorcollegedistrict. Additionally,eachjuniorcollegedistrictmustposttheboard'sfindingsonthedistrict'swebsite. III.NewRequirementsforAttorneyGeneraltoApproveLocalSecurities Section5oftheBilladdsnewrequirementsbeforetheAttorneyGeneraloftheStateofTexas 2 mayapprovetheissuanceoflocalsecurities(publicsecuritiesnotissuedbythestate).Before approvingalocalsecurity,theAttorneyGeneralmustcollectandreportthefollowingtotheBond ReviewBoard: (1)thetermsofeachlocalsecurity; (2)thedebtservicepayableoneachlocalsecurity;and (3)anyotherinformationrequiredbytheBondReviewBoard. COMMENTARY:UndertheBill,theAttorneyGeneralmaynotapprovealocalsecurityuntilthe AttorneyGeneralreceiveswrittennotificationthattheBondReviewBoardhasreceivedtheabove informationorhasagreedtoalaterdateforthesubmissionoftheinformation.Thisprovisionwould requireanothergovernmental m;-äxaction(inadditiontotheapprovaloftheTexasAttorney General)priortotheissuanceofdebtobligationsbyissuersandeffectivelygivestheBondReviewBoard somedegreeofcontroloverissuanceoflocalsecurities.Inadditiontotheremovaloflocalcontrolover bondissues,theBillcouldincreasethetimeperiodforissuingbonds,whichcouldincreaseinterestcosts tolocalgovernments.Moreover,in2012,over1,350bondissueswereapprovedbytheAttorney General.ThereisaquestionastowhethertheBondReviewBoardisstaffedtomeetthistypeof demandandatwhatcostmeetingthatdemandwouldbeincurred.Abetteralternativetothisprovision wouldbefortheLegislaturenottoconditionAttorneyGeneralapprovalofalocalsecurityuponany notificationfromtheBondReviewBoard.TheBill,aswritten,recognizesthatthesubmissionof informationtotheBondReviewBoardafterapprovalofacertaindebtobligationisnotcriticaltothat debt,zm ·zxissuance. 2 Alocalsecurityisaninstrument,includingabond,certificate,note,orothertypeofobligationauthorizedtobe issuedbyanagency,authority,board,bodypolitic,department,district,instrumentality,municipalcorporation, politicalsubdivision,publiccorporation,orsubdivisionofthisstateunderastatute,amunicipalhomerulecharter, ortheConstitutionoftheState. 58 EXHIBIT 4 59 TheBillalsoduplicatestheinformationthatissuersmakeavailabletoanypersonvialocalgovernments' continuingdisclosurefilingsmadewiththeMunicipalSecuritiesRulemakingBoardandineachlocal government'scomprehensiveannualfinancialreports.Issuerscouldprovidealinkontheirwebsiteto EMMA,theelectronicfilingmechanismestablishedbytheMuniciritiesRulemakingBoard, palSecu providingcitizensareadymeanstoaccessthisinformation.The.zxprovisionsthereforeare duplicativeandwouldresultinincreasingStatecontroloverthefinancesoflocalgovernments. IV.ReporttoBondFinanceOffice Section10oftheBillcreatesarequirementthatanissueroflocalsecuritiesprovidethebondfinance officewithinformationneededtopublishayearlyreportincluding: (1)theamountoflocalsecuritiesoutstanding; (2)repaymentschedules;and (3)anyotherinformationtheofficeconsidersrelevant. Thebondfinanceofficemustalsopublish,ontheInternet,theaboveinformationforthepreviousfiscal year.ThissectionoftheBillisredundant,astheinformationrequiredisalsorequiredtobepublished onanissuer'sInternetwebsiteunderSection14oftheBill.Moreover,thereisaquestionastothe meaningofitem3becauseitistoobroadlydefined. V.BallotPropositions Section12oftheBillsignificantlyincreasestheamountofinformationrequiredtobeincluded onaballotpropositionforabondelection.UndertheBill,aballotpropositionwouldberequiredto include: (1)boththetotalamountandpercapitaamountof: a.theprincipalofalloutstandingdebtobligationsofthepoliticalsubdivision; b.thecombinedprincipalandinterestrequiredtopayalloutstandingdebtobligations ontimeandinfull; c.theprincipalofthebondstobeauthorized;and d.theestimatedcombinedprincipalandinterestrequiredtopaythebondstobe authorizedonti meandinfull; (2)thepurposeforwhichthebondsaretobeauthorized; (3)theestimatedrateofinterestforthebondstobeauthorized;and (4)thematuritydateofthebondstobeauthorized. COMMENTARY:Webelievetheserequirementswillresultinballotpropositionsbeingconfusingand expensivetoprepareandpublish.Muchofthisinfo rmationisalreadyprovidedtothevotersandthe public.IssuersreleasefactualinformationtovotersunderthelimitsprescribedbytheTexasEthics Commission.Ifthelevelofrequiredballotdisclosureispassed,thenissuersshouldalsobegiventhe 59 EXHIBIT 4 60 abilitytocommunicatehowaparticularinitiativewillcorrectdeficienciesorprovidesolutionsto infrastructureneeds,andbeallowedtoaddressothermattersgermanetoenablingthepublictomake aninformeddecisioninreviewingtheneededfacilitiesandimprovementsrelatedtoballot propositions. Estimationoffullprincipalandinterest,interestrateandfinalmaturityisparticularlyproblematicand impracticalforissuerswhichusuallyseekmultiyearauthorizations(5to10years).Estimatesinsuch caseswouldhavelittlevalueasissuancesize,timingandchangesininterestratesmaylikelyhave significantvariationbetweentimeofauthorizationandultimatetimeofissuance.CurrentStatelaw alreadyrequiresissuerstospecifythetotalprincipalamountofbondsthatcanbeissuedifapprovedby votersandprovidesthatbondsmaynothaveamaturitygreaterthanfortytofiftyyears,dependingon thetypeoflocalgovernment. TheBillalsofailstocitethespecifictypeofdebtobligationstobedescribedintheballot.Many issuershaveoutstanding"selfsupporting"debtobligationswhicharerepaidfromarevenuesystem suchasutilitysystems,parkingfacilities,airports,transportationsystems,sportsfacilities,sanitation systems,etc.Votedbondsareintendedtoberepaidwithadvaloremtaxrevenues.Theabove mentionedselfsupportingsystemsarenotsecuredbyadvaloremtaxes.Therefore,becausetheBill doesnotspecifythattheballotcontaininformationrelatedonlytotaxsupporteddebt,issuerswouldbe requiredtodisclosedebtinformationonallselfsupportingobligationsaswell.Addingsuchinformation willbeincreasinglyconfusingandmisleadingtovotersbecausetheissuersarenotaffordedthespaceon aballottodifferentiateandexplainselfsupportingobligationsandtaxsupportedobligations. TheinformationrequiredbytheBilltoappearonaballotwouldbecomepartofthe{-·© -· withtheÝ·;©|rwhichcouldpreventissuersfrombeingabletoreacttomarketconditionswhenbonds areissued,especiallywhentakingintoaccountmultiyearauthorizationsofapprovedbonds.TheBill wouldleadtotheresultthatvotersmaybeconfusedbytheinformationrequiredtobeprovided,since theonlypracticalwaytosatisfytheestimaterequirementsistopresumeanartificiallyhighinterest rate.TheBillshouldatleastspecifythattheprovisionofsuchinformationinthepropositiondoesnot constituteacontractwiththevoters.Thisinformationisbeyondthecontrolorknowledgeoftheissuer andwillchange. bondinsurance,which,ifaproposedbondissuequalifiesfora Finally,theBillfailstoaccountfor municipalbondinsurancepolicy,wouldresultinlowerinterestratesandthusalowerinterestcost,and doesnottakeintoaccounttheeffectvariableratedebtstructuresmayhaveonoverallindebtedness. VI.AnnualFinancialReportofPoliticalSubdivisions Section14oftheBillrequiresthatallpoliticalsubdivisionsmaintainanInternetwebsiteand postanannualreportthatincludesthefollowingitems: 60 EXHIBIT 4 61 (1)financialinformationforeachfundofthepoliticalsubdivisionduringthefiscalyear, including: a.thetotalreceiptsofthefund,itemizedbysourceofrevenue,includingtaxes, assessments,servicecharges,grantsofstatemoney,gifts,orothergeneralsources; b.thetotaldisbursementsofthefund,itemizedbythenatureoftheexpenditure; c.thebalanceinthefundasofthelastdayofthefiscalyear;and d.anyotherinformationrequiredbylawtobeincludedbythepoliticalsubdivisionin anyfinancialreport;and (2)debtobligationinformationforthepoliticalsubdivisionthatmuststate: a.asatotalamountanaamount: dasapercapit (i)theamountofallauthorizeddebtobligations; (ii)theprincipalofalloutstandingdebtobligations; (iii)theprincipalofeachoutstandingdebtobligation; (iv)thecombinedprincipalandinterestrequiredtopayalloutstandingdebt obligationsontimeandinfull;and (v)thecombinedprincipalandinterestrequiredtopayeachoutstandingdebt obligationontimeandinfull;and b.foreachdebtobligation: (i)theissuedandunissuedamount; (ii)thespentandunspentamount; (iii)thematuritydate;and (iv)thestatedpurposeforwhichthedebtobligationwasauthorized. COMMENTARY:Theaboverequirementswillincreasecoststolocalgovernmentsandwillrequirethe reportingofinformationthatisalreadyfoundinannualauditedfinancialstatements.Mostissuersare requiredtoprovidecontinuingdisclosuretothepublic,freeofcharge,whichcontainstheabove informationandmoreinformationwithin180daysaftertheendofeachfiscalyear.Issuersoftenpost theirannualauditedfinancialstatementsontheirwebsite,renderingmuchofthe.zxrequirements duplicative. VII.BurdensonIssuanceofCertificatesofObligation Section15oftheBillamendstheCertificateofObligationActof1979tostatethat,exceptina caseofgravepublicnecessitytomeetanunusualandunforeseencondition,anissuermaynotauthorize acertificatetopayacontractualobligationifabondpropositiontoauthorizetheissuanceofbondsfor thesamepurposewassubmittedtothevotersdungthreeyearsandfailedtobe ringtheprecedi approved. COMMENTARY:Thisprovisionisveryonerousforlocalissuersandmayactuallydiscouragethemfrom submittingprojectstothevoters.Asdescribedabove,theCertificateofObligationActalreadycontains apetitionprocessbywhichresidentsmaypetitionthegoverningbodytoholdanelectionforaproject tobepaidfromcertificatesofobligation.Ofcourse,issuersmay,inlieuofissuingcertificatesof 61 EXHIBIT 4 62 obligation,seekapprovalfromvoterstoissuegeneralobligationbonds.Thisisadecisionthatshould remainwithinthediscretionofeachlocalgoverningbody.TheBill'sprovisionmayresultinissuers seekingfewervoterreferendumsonprojects;ratherthanriskafailedbondelectionandthreeyear moratoriumonissuingcerhedgeagainstsuchrisksand tificatesofobligationfortheproject,issuersmay consideronlycertificatesofobligationasafinancingmechanism.Additionally,theBill'sprovisionis overlybroadandcausesconfusion.Forexample,theBillprohibitstheissuanceofcertificatesof obligationifa"bond¦©¦z·zvE©thesamepurpose"fails.Unterpretation,ifa nderaplainmeaningi bondpropositionforthe"improvementofstreetsandroads"isdefeated,theissuerwillbeunableto issuecertificatesofobligationforanystreetimprovementsforthreeyears.Thethreeyearmoratorium istoolengthyandarbitrary,andtheLegislaturehasprovidednoexplanationtoindi catehowthey arrivedonathreeyearmoratorium.(OtherTexasstatutesprovideforaoneyearmoratoriumon holdinganelectionifthesamepurposefailsatapriorelection).Economicconditions,population trends,localpoliticalpriorities,constructioncosts,andinfrastructureneedsdochangewithinathree yearperiod,andTexasissuersshouldnotbeprecludedfromprovidingessentialgovernmentfunctions astheBillproposes.The.zxthreeyearwaitingrequirementarbitrarilyprecludeslocalgovernments fromprovidingpromptattentiontotheirlocalneedsassuchchangesoccur. Section16oftheBillcreatesapotentialmarketburdenonissuingcertificatesofobligationby requiringthatanissuerpostnoticeofintenttoissuecertificatesforatleast45days,ratherthan30days undercurrentlaw,beforethedatesetforthepassageoftheorderorordinanceauthorizingthe issuanceofthecertificatesofobligation.TheissuermustalsomaintainanInternetwebsiteforposting thenotice.UndertheBill,thenoticeofintenttoissuecertificatesofobligationwouldnowincludethe followinginformation,statedasatotalamountandasapercapitaamount: (1)outstandingprincipalofalldebt; (2)principalandinterestrequiredtopayalloutstandingdebt; (3)theprincipalofthecertificatestobeauthorized;and (4)theestimatedcombinedprincipalandinterestrequiredtopaythecertificatestobe authorized; (5)theestimatedrateofinterestforthecertificatestobeauthorized;and (6)thematuritydateofthecertificatestobeauthorized. Additionally,thenotiapetitionmaybesubmittedrequestingan cemustincludetheprocessbywhich electiononissuanceofthecertificates.Thissectionalsochangestheminimumrequirednumberof eligiblepetitionsignaturesfrom5%ofeligiblevotersto5%oftheactualnumberofvotersinthemost recentg ubernatorialelection. COMMENTARY:Increasingthenumberofdaysofnoticewillresultinneedlessdelaystoprojects.Prior lawrequirednoticetobepublishedatleast14daysbeforeissuanceofthecertificatesandcurrentlaw requiresthenoticetobepublishedatleast30dayspriortoissuanceofthecertificates.Anincreaseto 45daysnoticewillonlyfurtherdelayprojectsandsubjectissuerstointerestrateriskwithnodiscernible benefit(e.g.,despitetheincreasetoa45daynoticeperiod,theBillleavesinplacethecurrent 62 EXHIBIT 4 63 requirementthatthenoticebepublishedonlytwice).Inourexperience,rarelyhasitbeendiscovered orreportedtoanissuerthatapetitionwasnotsubmittedundercurrentlawduetoalackofsufficient timetogathernecessarysignatures.Theseeminglyarbitraryincreaseinthenumberofdaysofnotice willimpacttheabilityoflocalgovernmentstoaddresstheimmediateneedsofitscitizensortotake advantageofeconomicdevelopmentopportunities. ThissectionoftheBillcontainsproblemssimilartothosenotedabovewithrespecttocallinga bondelection.Addingtheinformationnotedabovewillbeincreasinglyconfusingandmisleading. Withrespecttotheinclusionofthecombinedprincipalandinteresttofullyretirethe certificatesofobligationtobeauthorizedandtheestimatedinterestrateforthecertificatesof obligationtobeauthorized,theBillmustatleastprovidethattheprovisionofsuchinformationdoes notconstituteacontractwiththevoters.Thisinformationisbeyondthecontrolorknowledgeofan issuerandwillchange. Wefindthatmanysmallermunicipalitiesusecertificatesofobligationasanefficientmeansto financepublicimprovements,especiallyutilitysystemimprovements,wheretheissuerwilluseutility systemrevenuestopaydebtservice,butrealizethemarketadvantagetoissuingadvaloremtax supportedcertificatesofobligation,whichtypicallyhaveahighercreditratingthanrevenuesupported obligations.Also,itisourexperiencethatmanycitiesdonotmaintainawebsite.TheBill'srequirement tomaintainawebsiteinordertoissuecertificatesofobligationisanunfundedmandateofthe Legislature.Atthemost,theBillshouldonlyrequirepostingthenoticeonawebsiteiftheissueralready maintainsafunctionalwebsite. VIII.SpecialDistricts Section17oftheBilladdsChapter2toTitle1,SpecialDistrictLocalLawsCode,requiringthatspecial 3 districtsperformarevieweverythreeyearstodeterminewhetherthedistrictshouldbecontinuedor dissolved.ThedistrictmustmaintainanInternetwebsite,andmustpublishonthewebsiteawritten reportincludingthefollowing: (1)identificationofthestatutoryprovisionauthorizingthespecialdistrict; (2)identificationofthemission,goals,andobjectivesintendedforthespecialdistrictandan assessmentoftheextenttowhichthemission,goals,andobjectiveshavebeenachieved,havefailedto beachieved,orarecontinuingtobeachieved; (3)identificationoftheproblemorneedthatthespecialdistrictwascreatedtoaddressandan assessmentoftheextenttowhichtheproblemorneedhasbeenaddressed,hasfailedtobeaddressed, oriscontinuingtobeaddressed; 3 "Specialdistrict"meansapoliticalsubdivisionthathasalimitedgeographicarea,iscreatedbylocallaworunder generallawforaspecialpurpose,andisauthorizedtoimposeatax,assessment,orfee.Thetermdoesnotinclude aschooldistrictorjuniorcollegedistrict. 63 EXHIBIT 4 64 (4)identificationoftheactivitiesofthespecialdistrictthatoverlaporduplicatethoseofother governmentalentities; (5)identificationofeachtax,assessment,fee,orpenaltythatthespecialdistrictisauthorized toimposeorcollect; (6)astatementoftherevenuecollectedbythespecialdistrictandanassessmentofwhether therevenueexceedstheamountneededtoaccomplishthemission,goals,andobjectivesofthedistrict; (7)identificationofthespecialdistrict'sfinancialliabilities,includingbondsandother obligations;and (8)adeterminationofwhetherthespecialdistrictshouldbecontinuedordissolved. Aspecialdistrictmustalsopostnoticeofandholdapublichearingregardingthecontinuationof thedistrict.Ifthedistricthasoutstandingbonds,itcannotdissolveasamatteroflaw,renderingthe processrequiredmootandwastefulofthe7z·©z-·xresources. 64 EXHIBIT 5 65 65 EXHIBIT 5 66 66 EXHIBIT 5 67 67 EXHIBIT 5 68 68 EXHIBIT 5 69 69 EXHIBIT 5 70 70 EXHIBIT 5 71 71 EXHIBIT 6 72 72 EXHIBIT 6 73 73 EXHIBIT 9 79 H.B. 886 (Anchia) – Motor Vehicle Title Loans: would provide that: (1) motor vehicle title loans may not exceed 70 percent of the retail value of the vehicle; (2) refinanced payments or installments payments on a motor vehicle title loan must be paid in certain amounts; and (3) the credit access business that provides the loan is limited in the types of fees that can be imposed upon a borrower. H.B. 1715 (Pickett) – Payday Lending: would provide that a payday or motor vehicle title lender may not renew or roll over an extension of consumer credit more than four times. H.B. 1886 (Farias) – Payday and Auto Title Lending: would subject payday and motor vehicle title lenders to a number of regulations, including: (1) a requirement that all credit services organizations provide documents to a consumer that are written in the language in which the contract is negotiated that is easily understood by the average consumer and printed in an easily readable font and type size; (2) a prohibition on a credit services organization to assist a consumer with, or charge a consumer a fee in connection with, a loan or other extension of credit that is not in the form of a payday transaction or motor vehicle title loan; (3) a requirement that the amount of a payday loan may not exceed 20 percent of a consumer’s gross monthly income; (4) a requirement that the amount of a motor vehicle title loan may not exceed three percent of a consumer’s gross annual income or 70 percent of the retail value of the motor vehicle; (5) a requirement that a multi-payment payday or motor vehicle title loan may not be payable in more than four installments that must repay at least 25 percent of the principal amount of the debt, and may not be refinanced or renewed; (6) a requirement that a single payment payday or motor vehicle title loan may not be refinanced or renewed more than three times, with proceeds from each refinancing or renewal being used to repay at least 25 percent of the principal amount of the original debt; and (7) a requirement that any extension of consumer credit made to a consumer on or before the seventh day after the date the consumer has paid a previous extension of consumer credit made by the same person is considered a refinance or renewal of the previous debt. H.B. 2019 (Craddick) – Payday Lending: would provide that an extension of consumer credit by a credit services organization is subject to the state’s usury laws. H.B. 2706/SB1247 (Villareal/Carona) – Payday and Auto Title Lending: provides that the extension of consumer credit cannot exceed 180 days; the credit access business must provide all notices and agreements to the borrower in a comprehensible language; additional cash may not be advanced to the borrower if the extension of credit is refinanced; debts may be sold to another credit access business and is considered refinancing; the sale of a vehicle used to secure the extension of credit shall satisfy all outstanding debt owed and borrower is not liable for any remaining deficiency. The bill limits the amount extended to the borrower to a certain percentage of gross monthly income as determined by the type of 79 EXHIBIT 9 80 loan (single-, multiple-payment, vehicle title loan) with the maximum amount being 25%. The loans may only be refinanced four times. Pre-empts municipal ordinances as it relates to zoning and police powers. H.B. 3019 (McClendon) – Payday and Auto Title Lending: specific to military borrowers; term of extension of credit cannot exceed 90 days if it is a payday loan or 180 days if a motor vehicle title loan. H.B. 3461 (Rodriguez) –Payday Lending: would prohibit a credit access business from assisting a consumer in obtaining a payday or motor vehicle title loan unless the loan contract provides that the lender must accept partial repayment of the principal balance of the loan from the consumer, with no additional fees or penalties, at any time during regular business hours. S.B. 998 (Davis) – Payday and Auto Title Lending: would prohibit a credit access business from assisting a consumer in obtaining a payday or motor vehicle title loan unless the loan contract provides that the lender must accept partial repayment of the principal balance of the loan from the consumer, with no additional fees or penalties, at any time during regular business hours. S.B. 999 (Davis) – Payday and Auto Title Lending: would provide that state law regulating payday and motor vehicle title loans does not preempt a municipal ordinance regulating a credit access business or an extension of consumer credit that a credit access business obtains for a consumer or assists a consumer in obtaining. S.B. 1000 (Davis) – Payday or Auto Title Lending: would expressly authorize a city to adopt an ordinance that regulates the fees that may be charged to a borrower in connection with a payday or motor vehicle title loan. S.B. 1001 (Davis) – Payday or Auto Title Lending: would provide that payday and motor vehicle title lenders are subject to the same level of state regulation and oversight as other credit services organizations, and cannot assist a consumer in obtaining an extension of credit that is not in the form of a payday or motor vehicle title loan. (Companion bill is H.B. 786 by E. Rodriguez.) S.B. 1689 (Rodriguez) – Payday Lending: prohibits a credit access business from charging a fee or other valuable consideration when a loan is refinanced. Requires a credit access business maintain complete records on all extensions of credit. S.B. 1716 (Davis) – Payday and Auto Title Lending: documents and contracts must be written in a comprehensible language or read aloud; if the loan is refinanced, no further extensions of credit may be given; pares down the definition o credit access business to be more concise; term of loan for military 80 EXHIBIT 9 81 members cannot exceed 90 days and for all others 180 days; the sale of a vehicle used to secure the extension of credit shall satisfy all outstanding debt owed and borrower is not liable for any remaining deficiency following the sale of the vehicle; limits the amount extended to borrower to a certain percentage of gross monthly income as determined by the type of loan (single-, multiple-payment loan, vehicle title loan) with the maximum being 25%; limits amount of monthly fees charged to repossess a vehicle with the maximum being 20% of the value of the vehicle; debt sold to another credit access business is considered a refinance; partial repayment of the loan may not be cause for additional fees or penalties; borrower cannot have more than one outstanding debt from an extension of consumer credit from a credit access business; limits insufficient fee charges to $25 in the aggregate, regardless of how many times presentation is made for payment on the borrower’s account; lender shall return to the borrower any excess amount of the vehicle sold that goes beyond what satisfies the loan. S.J.R. 41 (Davis) – Payday and Auto Title Lending: would amend the Texas Constitution to provide that any fee charged by a third party to a borrower for arranging or otherwise facilitating an extension of consumer credit that is used primarily for personal, family, or household purposes and is unsecured or secured by a non-purchase money security interest in personal property is attributable to the lender and included in the computation of interest for purposes of regulating interest rates. 81 AGENDA INFORMATION SHEET AGENDA DATE: March 19, 2013 DEPARTMENT: Utilities UTILITIES ACM: Howard Martin, Utilities, 349-8232 ______________________________________________________________________________ SUBJECT Receive a report hold a discussion and give staff direction regarding the procurement process associated with the 2013 Streets Bond Program. BACKGROUND Staff wanted to update the City Council on the process we will be using for procuring goods and services associated with the $20 million 2013 Streets Bond Program. During the 2005 Bond Program approximately $ 9.5 million was dedicated for street reconstruction. In the implementation of the program, staff used a combination of venders used in the annual bid for services typically used in the street department for road maintenance and reconstruction. These venders included a vendor for hot mixes asphalt concrete (HMAC) installed (Jagoe Public), concrete curb and gutter (Floyd Smith Concrete), HMAC milling (Dustrol), subgrade stabilization materials (chem-lime) (TXI), landscaping for grass replacement (seeding or sodding) (Classic Landscape), and a small capital project bid with a local road construction contractor (Jagoe Public). These external venders were publically bid through the City’s purchasing department, typically on three year contract, that was approved by the City Council. In addition to these outside vendors and suppliers, the street department contributed in kind equipment and labor that was funded through their annual operations and maintenance budget. The streets department performed subgrade preparation and curb and gutter removal on many of the projects and began drawing on various contracts to complete the streets projects. Utilizing this approach not only were we able to complete all of the projects we also realized a savings of a little over $2 million. This money was transferred to the Bonnie Brae Project. Staff planned to utilize this same approach for implementation of the $20 million program. The cost estimates used in the development of the street bond package assumed that projects will be implemented in a similar method to the implementation of the previous $9.5 million street bond package. The first year of the bond program will expend approximately $4 million for 38 street segments st (see attached Exhibit 1 – Street Project list for FY-2013-2014 - 1 year bond sale.) The way these projects are preliminarily scheduled to be completed is outlined in Exhibit 2 (example list). Approximately twelve of the street segments would be performed by Jagoe Public using the previously approved Bid 4974- small contract bid totaling approximately $1.5 million. The remaining 26 street segments would be constructed by the city street department crews using resources from vendors previously approved in bids 4236 (Jagoe Public), 3516 (Floyd Smith Concrete, 4936 (Dustrol), 5048 (TXI), and 4673 (Classic Landscapes) totaling approximately $2.5 million. In addition to this, the City’s Street Department crews would provide approximately $750,000 of ‘in-kind’ labor and equipment from their O&M budget. Using this procurement approach, staff anticipates that during the five year bond program, approximately $ 3.75 million dollars worth of “in kind services” for staff time and equipment will be funded through existing and future Street Department O & M funds and approximately $ 20 million dollars worth of outside vender contracts will be funded through the Street Bond Program. All of these bids will be rebid during the course of the 5 year Street Bond Program with bid 3516 (Concrete Curb and Gutter) scheduled to be rebid before this July. RECOMMENDATION Staff recommends implementing the $20 million Street Bond program for FY-2013-2018 using the same procurement method used in the previous $9.5 million Street Bond Package. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The City Council has previously approved: 1)The appointment of a Street Bond Advisory Committee. 2)The recommended streets for approval by the citizens in the November 6 Bond Election. 3)The appointment of the Street Bond Oversight Committee. BID INFORMATION Bid 4974 Jagoe Public – Small Contract Bid 4236 Jagoe Public – HMAC Pavement Installed Bid 4936 Dustrol – Asphalt Milling Services Bid 5048 TXI – Cemlime Bid 3516 Floyd Smith Concrete– Concrete Curb and Gutter Work Bid 4673 Classic Landscape – Seeding and Sodding EXHIBITS 1.Draft Streets Project list for First Year Bond Funding. 2.Example First Year Funding Breakdown. Respectfully submitted: Jim Coulter Director Water Utilities MINUTES CITY OF DENTON CITY COUNCIL February 4, 2013 After determining in Open Session that a quorum was present, the City Council convened in a Closed Session on Monday, February 4, 2013 at 11:10 a.m. in the Council Work Session Room at City Hall. PRESENT: Council Member Engelbrecht, Council Member Watts, Council Member King, Mayor Pro Tem Kamp, Council Member Gregory, Council Member Roden and Mayor Burroughs ABSENT: None 1.Closed Meeting: A.Deliberation regarding Personnel Matters – Under Texas Government Code Section 551.074. 1. Deliberate and discuss the evaluation, duties, discipline, procedures, and contracts of the Municipal Court Judge, City Attorney, City Manager, and Internal Auditor. With no further business, the Council returned to Open Session and the meeting was adjourned. ________________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS ________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES February 5, 2013 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, February 5, 2013 at 3:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden ABSENT: None 1. Citizen Comments on Consent Agenda Items There were no citizen comment cards submitted for this item. 2. Requests for clarification of agenda items listed on the agenda for February 5, 2013. Council Member Gregory questioned if Consent Agenda Items H and K had reimbursable costs through ERCOT. Phil Williams, General Manager-DME, stated that Item H involved fees paid to communicate with ERCOT and was considered the cost of doing business. The cost of the service had increased significantly as back-up service was also included. Item K was a NERC requirement for a study for load flow. Mayor Pro Tem Kamp requested that Consent Agenda Items C and D be pulled for separate consideration as she would have to recuse herself from those items. Council Member Roden noted that there was a representative from History Maker Homes at the meeting for Consent Agenda Item FF and thanked him for resolution of the issue by the developer to get closure on the issue. Mayor Burroughs acknowledged Commissioners Court for considering the TIRZ in Consent Agenda Item D and the assistance with the development of the industrial area near the Airport. Council Member Engelbrecht commended staff for planning ahead with Consent Agenda Item R in seeing that the infrastructure at Hinkle and University was in place so that when warrants were sufficient to install a traffic signal, the infrastructure was already there. 3. Receive a report, hold a discussion, and give staff direction on an update to the Tree Trust mitigation option of Subchapter 35.13.7.A.7.f of the Denton Development Code. Angie Kralik, Urban Forester, stated that her presentation would be an update to the presentation given to Council on October 16, 2012. She asked Council to think about their vision for Denton relative to trees. She reviewed tree canopy percentages as compared to other cities which showed Denton currently had 19% which was lower than area cities. Council Member Roden asked if there was a way to get data on what the tree canopy was years ago. City of Denton City Council Minutes February 5, 2013 Page 2 Kralik stated that the percentages shown did not account for population and sprawl so that would be difficult to do. In presenting information on where the forests were located she noted that Denton did not have naturally occurring forests to the west. Council Member Engelbrecht questioned that with the geological formations in the west, why would there be a desire to have trees there beyond the natural climate. It would take a lot of extra care to have trees there. Kralik stated that even if the trees were not there originally, it was an important factor to have those there in the future. Council Member Gregory felt that 55 years ago there were fewer trees in the city. Kralik reviewed the proposal for Tree Trusts. Tree Trusts would be a mitigation option for protected and large secondary trees that were removed for construction purposes. It involved swapping trees/acreage on one property to mitigate for trees being removed on the developing property. Properties must be a minimum of one acre and have the characteristics of the Cross Timbers Forests. A permanent conservation easement was required. Properties that were considered flood plains could not be used towards tree trusts. Tree mitigation could involve replanting, deposits into the tree fund, Alternative Tree Preservation plan or tree trusts. It did not preclude the preservation ordinance or the landscape ordinance. A Tree Trust was implemented one of two ways. The first involved the developer purchasing property and deeding it to the City for the mitigation. The second was a private landowner within Denton city limits would place a conservation easement on their property. Tree Trust plan – next steps included completing the scope of work, securing a contract, setting up meetings with city departments and partnering organizations, the contractor developing a step-by-step process that outlined how developers would utilize tree trusts, developing an accounting system, staff reviewing the proposed process, presenting the process to Council, and making any necessary change. Areas for clarification included: (1) from inches to acres - determining a value for tree credits; (2) proportionality research; (3) future credits/accounting system with a tree inventory process (4) process development/ defined steps; (5) regulatory and proprietary - keeping projects in compliance; (6) allowances for minimal maintenance; (7) charitable gifts/bequests and donations. Mayor Burroughs questioned if there was a small development with a required amount of credit to procure that was less than an acre, as long as there was a conservation easement on greater than an acre, would the developer be able to purchse into that. Aaron Leal, Deputy City Attorney, stated that one concern with the process was accounting for that. If a large tract of property was purchased and then allow for acreage, it would involve some kind of accounting system. Mayor Burroughs suggested to not discounting that proposal as long as the conversion was the same. City of Denton City Council Minutes February 5, 2013 Page 3 Leal stated that another necessity was to have the conservation easement in place so that it could not be developed. Council Member Gregory stated that he did not see how canopy fit into inches or acres. Canopy was important but not more than inches or acres. He requested information on how canopy interacted with inches and acres. Kralik continued with the suggested formation of a Citizens Tree Fund Committee. She indicated that once the contractor had started developing the tree trust process, staff would come back to Council for recommendations on the committee. Dallas was only other city using citizen engagement for the process of urban forest planning. Kralik stated that the consultant could cost between $15-25,000 and asked where the funding would come from. Mayor Burroughs stated that he was not in favor of depleting the tree fund to pay for the consultant. Mayor Pro Tem Kamp stated that as this was a one-time expense she would suggest using the City Manager’s contingency fund. City Manager Campbell stated that staff would come back to Council with a recommendation on how to fund the consultant without using the tree fund. 4. Receive a report, hold a discussion and provide direction on the Hickory Grand Street concept plan options related to head-in versus back-in parking. PS Arora, DRC Engineering Administrator, reviewed the existing Wells Fargo/Williams Trade Square parking lot. Currently the lot had five access points on Hickory and Mulberry with a total existing parking court of 177 parking spaces. Hickory Street had 57 on-street parking spaces which resulted in a total of 234 parking spaces in the area. Input was received from the following departments for a proposed parking lot design development: Planning, Street Operations, Traffic Engineering, Downtown Liaison, City Arborist, Solid Waste, DME and the consultant. The proposed parking lot would have only one access point on Hickory and one on Mulberry which would increase the parking spaces to 215 from 177. Staff would have to work with Solid Waste on where to place dumpsters, the compactor and DME facilities. Council Member Roden stated that there were a lot of pedestrians in the area and he did not see a place to cross Hickory Street in the plans. Arora stated that there would be build outs that would provide safe areas to cross. He stated that back-in parking was a good safety feature and provided better loading/wheel chair accessibility. Specific signage with instructions could be provided for drivers unfamiliar with back-in parking. City of Denton City Council Minutes February 5, 2013 Page 4 Advantages of back-in over head-in parking included: (1) drivers were able to pull out directly into the travel lane, rather than needing to back out into incoming traffic; (2) drivers were better able to see oncoming traffic and bicyclists, (3) car doors opened such that they blocked access to the street and guided pedestrians to the sidewalk which was particularly safer for children, (4) the trunk of the car was accessed from the sidewalk rather than the street for loading cargo, and (5) better accommodated on-street handicapped parking. Disadvantages of back-in parking included (1) uncommonness and unfamiliar format to drivers, (2) confused drivers u-turning and pulling front-first into spaces from the opposite travel lane, (3) cars hanging over and exhaust fouling the sidewalk particularly where there was outdoor seating, and (4) difficulty in backing up into a space if the car behind followed too closely and blocked the path into the space. The total proposed parking court with head in parking included 287 spaces compared to the existing 234 spaces. Back-in angle parking would produce 320 total spaces compared to 234 existing and 287 with head-in parking. Staff was requesting direction from Council on the type of parking for the area and whether feedback was needed from other boards and commissions. Mayor Burroughs asked if the Traffic Safety Commission and the Downtown Task Force would be good committees for feedback. Arora stated that those two boards could be consulted but cautioned that it would slow down the process. Council Member Gregory felt that back-in parking was a good idea and suggested that it might also be a good idea for Industrial Street.He had seen this work in other cities. Mayor Burroughs stated that if it didn't impact the time line, he would suggest taking the proposal to the other boards but because it would impact the time line, it was a different scenario. He felt the proposal was safer and did not have a problem with it. Consensus of the Council was to proceed with the back-in parking. Following the completion of the Work Session the Council convened in a Closed Session to consider the following: 1. Closed Meeting: A.Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. 1.Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located in the T. Toby Survey, Abstract No. 1288, City of City of Denton City Council Minutes February 5, 2013 Page 5 Denton, Denton County, Texas, and located at the south east corner of Loop 288 and Locust Street. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition and condemnation of the real property described above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. 2.Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located in the Hiram Sisco Survey, Abstract No. 1184, City of Denton, Denton County, Texas, and located generally along the 700 block of East McKinney Street. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition and condemnation of the real property described above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. 3. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located (1) in the M.E.P. & P.R.R. Co. Survey, Abstract Number 1469, Denton County, Texas (located generally in the 1500 block of North Mayhill Road); (2) in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927, Denton County, Texas (located generally in the 500 block of North Mayhill Road); and (3) in the David Hough Survey, Abstract Number 646 (located generally in the 3900 block of Quailcreek Road), all within the City of Denton, Texas. Consultation with the City's attorney's regarding legal issues associated with the acquisition or condemnation of the real property interests referenced above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceedings or potential litigation. (Mayhill Widening and Improvements project) 4.Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the acquisition of real property interests located (1) in the A.N.B. Tompkins Survey, Abstract Number 1246, Denton County, Texas (located generally in the 2400 block of South Bonnie Brae Street); (2) in the James Edmonson Survey, Abstract Number 400, Denton County, Texas (located generally on Roselawn Drive, 600 feet east of South Bonnie Brae Street); and (3) in the William Roark City of Denton City Council Minutes February 5, 2013 Page 6 Survey, Abstract Number 1087, Denton County, Texas (located generally in the 4600 block of South Bonnie Brae Street), all in the City of Denton, Denton County, Texas. Consultation with the City's attorneys regarding legal issues associated with the acquisition or condemnation of the real property interests referenced above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceedings or potential litigation. (Bonnie Brae Widening and Improvements project) 5.Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the value of certain real property interests located in the E. Puchalski Survey, Abstract No. 996, City of Denton, Denton County, Texas, and located at the northeast corner of intersection of West Hickory Street and North Texas Boulevard. Consultation with the City's attorneys regarding legal issues associated with the potential sale of the real property described above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. 6.Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located in the T.M. Downing Survey, Abstract No. 346, City of Denton, Denton County, Texas, and located generally along the south side of East McKinney Street, approximately 0.3 miles east of Woodrow Lane. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition and condemnation of the real property described above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. (CODELLA LLC - 69kV DME) B.Deliberation regarding Personnel Matters - Under Texas Government Code Section 551.074. 1.Deliberate and discuss the evaluation, duties, discipline, procedures, and contracts of the Municipal Court Judge, City Attorney, City Manager, and Internal Auditor. This item was not considered. City of Denton City Council Minutes February 5, 2013 Page 7 C.Consultation with Attorneys - Under the Texas Government Code Section 551.071. 1. Consult with and provide direction to City's attorneys regarding the encroachment of a structure in a floodplain as impacting a proposed development at or near the crossroads of Teasley Road and El Paseo Drive. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards 1. Proclamation in recognition of Animal Services staff members Mayor Burroughs and Mayor Pro Tem Kamp presented the proclamation for the Animal Services staff members. 3. CITIZEN REPORTS There were no citizen reports for this meeting. 4. CONSENT AGENDA Mayor Burroughs indicated that Items C and D would be pulled for separate consideration. Council Member King motioned, Council Member Roden seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Items C and D. On roll call vote: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden “aye”. Motion carried unanimously. Ordinance No. 2013-015 A. Consider approval of the Second Amendment to the Meet and Confer Agreement between the City of Denton and Denton Fire Fighters Association, IAFF Local 1291 and authorize the City Manager to sign the amendment. Ordinance No. 2013-016 B. Consider adoption of an ordinance of the City of Denton, Texas, amending Ordinance No. 2012-268 to prescribe updated titles and number of positions for certain classifications of Fire Department personnel; providing repealer, cumulative and severability clauses; and declaring an effective date. City of Denton City Council Minutes February 5, 2013 Page 8 Ordinance No. 2013-017 E. Consider adoption of an ordinance rejecting any and all competitive bids for the construction of the US 380 Utility Relocations project for the City of Denton; and providing an effective date. (Bid 5122-US 380 Utility Relocations). The Public Utilities Board recommends approval (5-0). Ordinance No. 2013-018 F. Consider adoption of an ordinance rejecting any and all competitive bids for construction of the Cooper Creek Interceptor III project; and providing an effective date. (Bid 5125-Cooper Creek Interceptor III). The Public Utilities Board recommends approval (5-0). Ordinance No. 2013-019 G. Consider adoption of an ordinance awarding a contract for the purchase and installation of an excavation, construction, and landfill compaction control software with Global Positioning System (GPS) hardware and associated equipment for one City of Denton Landfill Compactor as awarded by the State of Texas Department of Information Resources (DIR) through the Go DIRect Program, Contract Number DIR-SDD-1797; providing for the expenditure of funds therefor; and providing an effective date (File 5165-Purchase of Global Positioning System Software and Hardware for Landfill Compactor awarded to GeoShack North America, Inc. in the amount of $115,872.34). The Public Utilities Board recommends approval (7-0). Ordinance No. 2013-020 H. Consider adoption of an ordinance authorizing the expenditure of funds for payments by the City of Denton to the Electric Reliability Council of Texas (ERCOT) for Wide Area Network (WAN) interconnection of the City of Denton data network with the ERCOT data network and to maintain operational security regarding the transfer of data between ERCOT and the City; and providing an effective date (File 5057-ERCOT Wide Area Network Interconnection Fee in the estimated amount of $340,000). The Public Utilities Board recommends approval (7-0). Ordinance No. 2013-021 I. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the State of Texas Smart Buy Program for the purchase of a Bucket Truck for the Electric Distribution Department as awarded by the State of Texas Contract 985D; and providing an effective date (File 5162-Purchase of Bucket Truck awarded to Fort Worth Freightliner-Western Star in the amount of $192,972.49). The Public Utilities Board recommends approval (7-0). Ordinance No. 2013-022 J. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the Buy Board Cooperative Purchasing Network for the acquisition of one vacuum excavator for Electric Operations, one backhoe for Water Distribution and one backhoe for Wastewater City of Denton City Council Minutes February 5, 2013 Page 9 Collections; and providing an effective date (File 5138-Purchase of Vacuum Excavator awarded to Vermeer Texas-Louisiana in the amount of $52,887.30 and Two Backhoes awarded to DARR Equipment Company in the amount of $127,408.20 for a total award of $180,295.50). The Public Utilities Board recommends approval (7-0). Ordinance No. 2013-023 K. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement by and between the City of Denton, Texas and PWR Solutions, Inc. for the preparation of the analyses respecting the annual Federal Energy Regulatory Commission (FERC) 715 Report; for preparation and submission of the annual Electric Reliability Council of Texas (ERCOT) Steady State Working Group Data Sets A and B; for preparation and submission of the annual ERCOT System Protection Working Group present and future year short circuit cases; representation of Denton Municipal Electric in ERCOT and other transmission service provider meetings; for engineering support and consultation in other electric service planning and system study issues; such services being rendered in support of Denton Municipal Electric; finding and determining that the document entitled "Proposal for Five Year Transmission Planning and TP Compliance Support Services" ("proposal") which defines the scope of services to be performed by PWR Solutions, Inc. is a document that pertains to a competitive electric utility matter as set forth under the provisions of Texas Government Code, Sections 551.086 and 552.133; authorizing the sealing of said proposal by the City Secretary; authorizing the expenditure of funds therefor; providing an effective date (File No.5148 in the amount not-to-exceed $857,469.06). The Public Utilities Board recommends approval (7-0). Ordinance No. 2013-024 L. Consider adoption of an ordinance accepting proposals and awarding a public works contract for the procurement of services and materials to prepare substation sites and transmission line easements for construction; providing for the expenditure of funds therefor; and providing an effective date (RFP 5086- awarded to Mann Robinson and Sons, Inc. in the not to exceed amount of $2,380,000). The Public Utilities Board recommends approval (7-0). Ordinance No. 2013-025 M. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the Cast in Place Concrete Portions of the Airport North Entry Road project for construction of an airport entry and truck/bus turnaround; providing for the expenditure of funds therefor; and providing an effective date (Bid 3516-awarded to the lowest responsible bidder meeting specification, Floyd Smith Concrete, Inc. in the amount of $159,820.87). Ordinance No. 2013-026 N. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the asphalt pavement section of the Airport South Entry Road project for construction of an airport entry and truck/bus turnaround; City of Denton City Council Minutes February 5, 2013 Page 10 providing for the expenditure of funds therefor; and providing an effective date (Bid 4974-awarded to the lowest responsible bidder meeting specification, Jagoe- Public Company in the amount of $126,143.85). Ordinance No. 2013-027 O. Consider adoption of an ordinance accepting sealed proposals and awarding a contract to provide Software and Related Services with SHI Government Solutions, Inc., a Microsoft Certified Large Account Reseller with the City of Denton; and providing an effective date (RFP 5121-Microsoft Software Reseller and Related Services awarded to SHI Government Solutions, Inc. in the annual estimated amount of $95,000 for City of Denton expenditures, and a three year estimated expenditure of $285,000). Ordinance No. 2013-028 P. Consider adoption of an ordinance accepting sealed proposals and awarding a contract for the purchase of Commander 1 Police Motorcycles for the City of Denton Police Department; and providing an effective date (RFP 5119-Police Motorcycles awarded to Victory Police Motorcycles in the estimated amount of $210,000 for the replacement of six motorcycles over a five (5) year period). Ordinance No. 2013-029 Q. Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of tapered, tubular, and galvanized steel structures for Denton Municipal Electric substations from Falcon Steel Company in an amount not to exceed $1,660,000 and a contract for the purchase of substation structures fabricated from standard shaped steel products from R and C Welding in an amount not to exceed $2,140,000; providing for the expenditure of funds therefor; and providing an effective date (RFP 5115-Galvanized Steel Structures). The Public Utilities Board recommends approval (7-0). Ordinance No. 2013-030 R. Consider adoption of an ordinance of the City Council of Denton, Texas authorizing the City Manager to execute and deliver a "Local Project Advanced Funding Agreement for Voluntary Local Government Contributions to Transportation Improvement Projects with No Required Match" between the City of Denton and the Texas Department of Transportation (TxDOT) regarding the City's funding that portion of the agreement consisting of conduits and ground boxes along the route of U.S. Highway 380, from Bonnie Brae Road to U.S. Highway 377, in the City of Denton, Texas; authorizing the expenditure of funds therefor; providing an effective date (Project-U.S. Highway 380 from Bonnie Brae Road to U.S. Highway 377 in the amount of $129,082.59). Ordinance No. 2013-031 Consider adoption of an ordinance of the City Council of Denton, Texas authorizing the S. City Manager to execute and deliver a "Termination of the Advance Funding Agreement for Bridge Replacement or Rehabilitation Off the State System" between the City of Denton and the Texas Department of Transportation (TxDOT) regarding the local government bridge project located at Mayhill Road at Cooper Creek in the City of Denton, Texas and termination of Advanced Funding Agreement Amendment No. 1, dated January 28, 2004; providing an effective date. City of Denton City Council Minutes February 5, 2013 Page 11 Ordinance No. 2013-032 T. Consider adoption of an ordinance of the City Council of Denton, Texas authorizing the City Manager to execute and deliver a "Surface Transportation Program - Metropolitan Mobility Agreement for State-Constructed Traffic Signal Construction (with a Municipality Providing Limited Materials or Labor)" between the City of Denton and the Texas Department of Transportation (TxDOT) regarding the City's request for reimbursement of the federal allowable percentage of the cost of installing traffic signals and other items directly related to the operation of six intersections on U.S. Highway 380 within the City that are specified in said agreement; providing the City Manager with authority to carry out the rights and duties of the City regarding said agreement; providing the City Manager with authority to expend funds therefor; providing an effective date. Approved the minutes listed below. U. Consider approval of the minutes of: December 3, 2012 December 4, 2012 December 11, 2012 December 18, 2012 Ordinance No. 2013-033 V. Consider adoption of an ordinance accepting an Agreement with Denton County to participate in Tax Increment Reinvestment Zone, Number Two; authorizing the City Manager to execute the Agreement and take other actions necessary to administer the Tax Increment Reinvestment Zone; making certain findings and other matters related thereto; and providing an effective date. Ordinance No. 2013-034 W. Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to a 2.486 acre tract situated in the T.M. Downing Survey, Abstract No. 346, located in the City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance and made a part thereof, located generally along the south side of East McKinney Street, approximately 0.3 miles east of Woodrow Lane (the "Property Interests"), for the public use of expanding and improving the Denton Municipal Electric distribution and transmission system; authorizing the City Manager or his designee to make an offer to (1) CODELA, LLC (the "Owner"); (2) successors in interest to the Owner to the Property Interests; or (3) any other owners of the Property Interests, as may be applicable, to purchase the Property Interests for the purchase price of Two Hundred Eighty Six Thousand Four Hundred Eighty Nine Dollars and No Cents ($286,489.00), and other consideration, as prescribed in the Contract of Sale (the "Agreement"), as attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective date. (69kV Transmission Line Re-build Project) Ordinance No. 2013-035 X. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager, or his designee, to execute a Purchase Agreement (herein so called), as attached to the ordinance and made a part thereof as Exhibit "A" by and between the City City of Denton City Council Minutes February 5, 2013 Page 12 of Denton (the "City"), and Robert Earl Edwards, Donald Eugene Edwards, Myrtle Elizabeth (Edwards) McSween and William Warren Edwards, (collectively, the "Seller"), contemplating the sale by Seller and purchase by City of a 0.289 acre tract of land, more or less, being generally located in the 1500 block of North Mayhill Road in the M.E.P. & P.R.R. Company Survey, Abstract No. 1469 in the City of Denton, Denton County, Texas (the "Property Interests"); for the Purchase Price of Thirty Four Thousand Dollars and No Cents ($34,000.00); authorizing the City Manager, or his designee, to execute and deliver any and all other documents necessary to accomplish the closing of the transaction contemplated by the Purchase Agreement; authorizing the expenditure of funds therefor; and providing an effective date. (Mayhill Road Widening and Improvements Project - Parcel M025) Ordinance No. 2013-036 Y. Consider adoption of an ordinance finding that a public use and necessity exists to acquire (I) fee simple to a 2.115 acre tract; and (II) a Slope Easement, encumbering a 0.202 acre tract, each located in the M.E.P. and P.R.R. Company Survey, Abstract Number 927, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance and made a part thereof, located generally in the 500 Block of North Mayhill Road (the "Property Interests"), for the public use of expanding and improving Mayhill Road, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to (1) 551 Mayhill Joint Venture (the "Owner"); (2) successors in interest to the Owner to the Property Interests; or (3) any other owners of the property interests, as may be applicable to purchase the property interests for the purchase price of One Hundred Sixteen Thousand Eight Hundred Fifty Four Dollars and No Cents ($116,854.00) and other consideration, as prescribed in the Purchase Agreement (the "Agreement"), as attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective date. (Mayhill Road Widening and Improvements Project- Parcel M070) Ordinance No. 2013-037 Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Z. Manager, or his designee, to execute a Purchase Agreement (herein so called), as attached to the ordinance and made a part thereof as Exhibit "A", by and between the City of Denton (the "City"), as Buyer, and Joyce A. Brearley and Lucy I. Barber, Co- Trustees of the Leroy Barber and Lucy I. Barber Family Trust, dated May 18, 1994 (the "Owner"), as Seller, contemplating the sale by Owner and purchase by City of a 0.398 acre tract of land, more or less, being generally located in the 1100 block of South Mayhill Road, in the M.E.P. & P.R.R. Company Survey, Abstract No. 927, in the City of Denton, Denton County, Texas (The "Property Interests") for the Purchase Price of Seventy five Thousand Dollars and No Cents ($75,000.00); authorizing the City Manager, or his designee, to execute and deliver any and all other documents necessary to accomplish closing of the transaction contemplated by the Purchase Agreement; authorizing the expenditure of funds therefor; authorizing relocation expenditures; and providing an effective date (Mayhill Road Widening and Improvements Project - Parcel M115) Ordinance No. 2013-038 AA. Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to a 0.295 acre tract located in the David Hough Survey, Abstract City of Denton City Council Minutes February 5, 2013 Page 13 Number 646, and being a part of Lot 1R, Block F of Providence Place II, an Addition to the City of Denton, according to the Plat thereof recorded in Cabinet X, Page 905, Plat Records, Denton County, Texas, as more particularly described on Exhibit "A" attached to the ordinance and made a part thereof, located generally in the 3900 Block of Quailcreek Road (a private street) (the "Property Interests"), for the public use of expanding and improving Mayhill Road, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to (1) Quail Creek South, LP (the "Owner"); (2) successors in interest to the Owner to the Property Interests; or (3) any other owners of the Property Interests, as may be applicable, to purchase the Property Interests for the purchase price of Thirty Eight Thousand Four Hundred Nineteen Dollars and No Cents ($38,419.00), and other consideration, as prescribed in the Purchase Agreement (the "Agreement"), as attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective date. (Mayhill Road Widening and Improvements Project - Parcel M236) Ordinance No. 2013-039 BB. Consider adoption of an ordinance finding that a public use and necessity exists to acquire (I) fee simple to a 4.69 acre tract; (II) a utility and slope easement encumbering 0.56 acre; and (III) a utility and drainage easement encumbering 0.02 acre, said tracts located in the A. Tompkins Survey, Abstract No. 1246 and located in the City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance and made a part thereof, located generally in the 2400 block of South Bonnie Brae Street (the "Property Interests"), for the public use of expanding and improving Bonnie Brae Street, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to (1) Harlan Properties, Inc. (the "Owner"); (2) successors in interest to the owner of the Property Interests; or (3) any other owners of the Property Interests, as may be applicable, to purchase the Property Interests for the purchase price of One Hundred Fifty Thousand One Hundred Sixty Three and No Cents ($150,163.00), and other consideration, as prescribed in the Purchase Agreement (the "Agreement"), as attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefore; and providing an effective date. (Bonnie Brae Widening and Improvements Project - Parcel 25) Ordinance No. 2013-040 Consider adoption of an ordinance finding that a public use and necessity exists to CC. acquire (I) fee simple to a 1.91 acre tract; (II) a utility and slope easement encumbering 0.57 acre; and (III) a drainage easement encumbering 0.02 acre; all tracts located in the James Edmonson Survey, Abstract Number 400, City of Denton, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance and made a part thereof, located generally on Roselawn Drive, 600 feet East of South Bonnie Brae Street ( the "Property Interests"), for the public use of expanding and improving Bonnie Brae Street, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to (1) the Chamberlain Trust (the "Owner"); (2) successors in interest to the Owner to the Property Interests; or (3) any other owners of the Property Interests, as may be applicable, to purchase the Property Interests for the purchase price of Sixty Six Thousand Five Hundred and Nineteen Dollars and No Cents ($66,519.00), and other consideration, as prescribed in the Purchase Agreement (the "Agreement"), as attached to the ordinance and made a part thereof as Exhibit "B"; authorizing the expenditure of funds therefore; and providing an effective. (Bonnie Brae Widening and Improvements Project -Parcel 34) City of Denton City Council Minutes February 5, 2013 Page 14 Ordinance No. 2013-041 DD. Consider adoption of an ordinance finding that a public use and necessity exists to acquire fee simple to a 0.04 acre tract located in the William Roark Survey, Abstract Number 1087, and being a part of Lot 7, Block A of Meadows of Hickory Creek, Phase One, an Addition to the City of Denton, according to the Plat thereof recorded in Cabinet X, Page 20, Plat Records, Denton County, Texas, as more particularly described on Exhibit "A", attached to the ordinance and made a part thereof, located generally in the 4600 Block of South Bonnie Brae Street ("the "Property Interests"), for the public use of expanding and improving Bonnie Brae Street, a municipal street and roadway; authorizing the City Manager or his designee to make an offer to (1) Linda J. Alexander and John M. Alexander (Collectively, the "Owner") (2) successors in interest to the Owner to the Property Interests; or (3) any other owners of the Property Interests, as may be applicable, to purchase the Property Interests for the purchase price of Thirteen Thousand Seven Hundred Fourteen Dollars and No Cents ($13,714.00), and other consideration, as prescribed in the Purchase Agreement (the "Agreement"), as attached to the ordinance and made a part thereof, as Exhibit "B"; authorizing the expenditure of funds therefor; and providing an effective date. (Bonnie Brae Widening and Improvements Project - Parcel 46) Ordinance No. 2013-042 EE. Consider adoption of an ordinance authorizing the execution of an easement purchase agreement ("Purchase Agreement"), as attached to the ordinance thereto and made a part thereof as Exhibit "A", by and between Mahogany Run Investments, L.P., a Texas limited partnership ("Owner"), as Seller, and the City of Denton, Texas ("City"), as Buyer, regarding the sale and purchase of (I) a sanitary sewer easement encumbering a 0.438 acre tract, and (II) a temporary construction, grading and access easement, encumbering a 0.134 acre tract, all tracts located in the Gideon Walker Survey, Abstract Number 1330, City of Denton, Denton County, Texas as more particularly described in the Purchase Agreement, located generally in the 3900 block of South Interstate Highway 35 East (collectively the "Property Interests"), for the public use of expanding and improving the municipal sanitary sewer system for the Purchase Price of Two Hundred Ninety One Thousand Three Hundred Forty Four Dollars and No Cents ($291,344.00), and other consideration, as prescribed in the Purchase Agreement; authorizing the expenditure of funds therefor; and providing an effective date. (State School Sanitary Sewer Interceptor Project - Phase II - Parcel 4). Ordinance No. 2013-043 FF. Consider adoption of an ordinance approving a development agreement with HMH Lifestyles, L.P., securing the costs to construct the unbuilt portions of the required perimeter wall for the Villages of Carmel, Phase III subdivision, pursuant to previously approved plans and permits, and authorizing permitting and construction of houses and infrastructure on the remaining unbuilt lots in that subdivision, in accordance with applicable building and development requirements; delegating authority to the City Manager to execute said Development Agreement on behalf of the City; and declaring an effective date. Council considered Items C and D. City of Denton City Council Minutes February 5, 2013 Page 15 Mayor Pro Tem Kamp left the meeting with a conflict of interest. Approved the Noise Exception request below. C. Consider a request for an exception to the Noise Ordinance for the purpose of the 35 Denton Music Festival sponsored by 35 Denton LLP. The event will be held in Williams Trade Square and on Industrial Street and Hickory Street beginning on Friday, March 8 from 4 to 10 p.m., Saturday, March 9, from 2 to 10 p.m. and Sunday, March 10, from 2 to 10 p.m. The exception is specifically requested to increase sound levels from 70 to 75 decibels and for amplified sound on Sunday. Staff recommends approval of request. Mayor Burroughs noted that Comment Cards were received from Wallace Campbell, James Mars, and Kyle LaValley in support. Council Member Roden motioned, Council Member Engelbrecht seconded to approve Items C and D. On roll call vote: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Burroughs, Council Member Roden “aye”. Motion carried unanimously. Resolution No. R2013-003 D. Consider approval of a resolution allowing Rooster's Roadhouse to be the sole participant allowed to sell alcoholic beverages at the 35 Denton event held on March 8 - March 10, 2013, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. Staff recommends approval of 35 Denton's request to allow Rooster's Roadhouse to sell alcohol during the event. This item was approved with the motion as noted in Item C. 5. ITEMS FOR INDIVIDUAL CONSIDERATION Ordinance No. 2013-044 A. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the Mayor to execute an Interlocal Cooperation Agreement (the "Interlocal Agreement") between the Denton County Transportation Authority and the City of Denton, Texas, as attached hereto and made a part hereof as Exhibit "A", providing a license to Denton County Transportation Authority to construct, operate and maintain bus shelters and related bus passenger amenities in City Rights of Way in locations more particularly described in the Interlocal Agreement; and providing for an effective date. Mark Nelson, Director of Transportation, presented the information concerning the operation and maintenance of bus shelters and related bus passenger amenities at designated sites in the city. The term of the contract was for 50 years. Route schedules and other DCTA events would be posted in the shelters but no third party advertising. He noted that Dee Leggett and Jim Cline from DCTA were present for questions. City of Denton City Council Minutes February 5, 2013 Page 16 Jim Cline, DCTA, stated that these shelters and amenities would provide a better experience for the riders of the system. Council Member Gregory asked if all the shelters were the same size. Leggett stated that one location warranted two shelters because of the demand. Mayor Burroughs noted that the plans identified 16 locations with a potential 23 locations available. He questioned the timing for the new locations. Leggett stated that some of the locations were in TxDOT right-of-way which would need to be resolved before placing shelters there. Others would depend on ridership. Mayor Burroughs questioned if accessible meant sidewalk access. Leggett stated that pedestrian accessibility was a key due to the American with Disabilities Act. Mayor Burroughs suggested identifying those locations that merited a shelter but that did not have the availability of a sidewalk and give those locations to Council to consider for future CIP bond packages to address that type of barrier. Leggett stated that they had already started those conversations with city staff. Council Member Roden asked if the installation of a shelter would increase ridership. Cline felt that it would be a positive step forward. Council Member Engelbrecht stated that Rayzor Ranch had a stop but the location was not ADA accessible and was not on city property. He questioned how that would be worked out. Cline stated that they would look at the specifics of the location to make it happen. Mayor Burroughs noted that a Speaker Card had been submitted for this item. Amber Briggle, 1315 Dartmouth Place, Denton 76201 spoke in support. Council Member King motioned, Council Member Roden seconded to adopt the ordinance. On roll call vote: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden “aye”. Motion carried unanimously. Mayor Burroughs suggested that the Mobility Committee might look at sites not picked for a shelter and see how they could be prioritized with allocated resources. 6. PUBLIC HEARINGS City of Denton City Council Minutes February 5, 2013 Page 17 Ordinance No. 2013-045 A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending the Denton Development Code modifying the standard procedures for certificate of appropriateness review in Subchapter 35.7; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. The Planning and Zoning Commission recommends approval (6-0). The Historic Landmark Commission recommends approval (5-0). (DCA12-0008, Procedures for Certificate of Appropriateness Review) Bryan Lockley, Director of Planning and Development, presented the details of the proposal. He stated that this was an amendment to the Denton Development Code to clarify two provisions. The first was the time limit for consideration of a Certificate of Appropriateness (COA) but did not state what the consequences would be if the time line was not met. Another section of the Code stated that a COA had to be approved within 60 days of the receipt of the application or it would be considered approved. Due to these conflicting timelines, staff was proposing to amend the ordinance and revise the Code so that the timeline was extended from the current 35 day requirement to 45 days for staff to receive and adequately review for sufficiency, analyze the date, draft a staff report, and forward the application to the Historic Landmark Commission for consideration. The Historic Landmark Commission would then have 45 days from the posting of the application on the agenda to review and make a determination regarding the application. The Planning and Zoning Commission along with staff recommended approval. Council Member Roden questioned if there would be two 45 day periods for a total of 90 days for consideration of the COA. Lockley replied correct if the entire time provision was used but typically that amount of time was not needed. Council Member Roden asked what was the typical time line. Lockley stated that it was less than 30 days. Council Member Roden stated that there was a potential to make the process longer than it currently was. Lockley stated that staff discussed the process but the issue of time spent on the staff level was shorter and transferred to the Historic Landmark Commission. Mayor Burroughs felt that the potential of 90 days could be devastating. He could understand the need for flexibility but felt there was wasted time for posting to an agenda if the staff review was already done within the first 45 days with an additional period needed for posting to the next meeting. He did not have a problem with the 45 days for the Historic Landmark Commission but felt there should be a shorter time for staff review. There would always be an overlap time for staff review. He suggested only having 30 days for staff review and 45 days for the Historic Landmark Commission. City of Denton City Council Minutes February 5, 2013 Page 18 Council Member Roden felt that three months seemed like a long period of time. Different projects could take a longer or shorter time to go through the process. He asked what the latest time was to submit an item before the next Historic Landmark Commission meeting. Lockley stated that there was no date certain to submit an application. Staff did not hold an application. If it was completed in 10 days, it moved forward. Council Member Roden suggested making a subcategory to fast track some types of applications that did not generate neighborhood concerns. Council Member Engelbrecht stated that the agenda had to be posted 72 hours before the meeting. An application that was approved 48 hours before the meeting would have to wait until the next meeting which easily could turn into 75 days to the next review. He questioned if the Historic Landmark Commission was notified in advance of what items were coming to them and did they know what applications were submitted. Lockley replied not at that point. Council Member Engelbrecht questioned if there were a way to notify an applicant if his/her application did not make an agenda. Council Member Watts questioned what would be the resistance to having one time from the date when an application was submitted, such as 60 days, to make a determination for both staff and Historic Landmark Commission time. Why have the two time frames? Lockley stated that some cases were simple and some required more time. Council Member Watts asked about the option to table the application at the end of the time period instead of the current requirement to deny it and having to reapply. Lockley stated that one section of the Code defined what the action would be in regards to the receipt of a completed application. The other section dealt with final action on the receipt of the application. A definition was needed as to whether the time line referred to the receipt of the application by staff or receipt for the Historic Landmark Commission. Mayor Burroughs stated that this was a complex situation if staff took more than 30 days to review the application and then have inadequate time to make the next Historic Landmark Commission meeting. The Commission would then either have to hold a special called meeting or deny the application due to the time frame. He could see the Historic Landmark Commission needing the 45 days for a review. It was the staff portion that bothered him. Lockley stated that there were no applications that lasted the entire time frame at the staff level. He stated staff could go back and check the current applications to determine a time line. Council Member Roden asked if there was a way to increase notification of issues on the agenda. If there was a way to get the applications out into the public prior to the legal notification of 72 hours for the agenda posting. City of Denton City Council Minutes February 5, 2013 Page 19 Lockley stated that staff had committed to the Historic Landmark Commission to get the information out by the Wednesday prior to the meeting with the agenda posted on Friday before the meeting. Council Member Roden asked if there was a way to create an administrative process to get this information out to the public. Cindy Jackson, Staff Liaison for the Historic Landmark Commission, stated that at this time staff sent out notices to the neighborhood planner on what was proposed, the date it was going to the Historic Landmark Commission, etc. This information went out 10 days before the meeting. The neighborhood leader would then provide the information to the rest of the neighborhood. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. Mayor Burroughs felt that 45 days for the Historic Landmark Commission was appropriate but that staff time should be changed from 45 days changed to 21 or 30 days, keeping in mind that additional time would be realized. Council Member Gregory asked how staff would feel about 21 days. Lockley stated that it would be acceptable if the time frame was from the time the completed application was received to give staff 21 days to review it and send it to the Historic Landmark Commission. Council Member King motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance with an amendment to have the staff time at 21 days. On roll call vote: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden “aye”. Motion carried unanimously. Ordinance No. 2013-046 B. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving an Alternative Environmentally Sensitive Area (ESA) Plan to deviate from Subchapter 35.17.8 (Riparian Buffer and Water Related Habitat Development Standards) of the Denton Development Code, on approximately 19.87 acres of land within a Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation, located at the southwest corner of Mingo Road and Nottingham Drive within the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. (ESA12-0009) The Planning and Zoning Commission recommends approval, subject to conditions (6-0). Mayor Burroughs announced that the staff presentation for Items B and C would be done together and indicated that the public hearings for these items would be held at the same time. City of Denton City Council Minutes February 5, 2013 Page 20 City Manager Campbell stated that Council would need to act on the items separately. Brian Lockley, Director of Planning and Development, did a staff presentation for both B and C. He stated that the applicant was requesting approval of a specific use permit to construct a multi- family development. The applicant was also requesting approval of an Alternative Environmentally Sensitive Areas (ESA) Plan to remove an ESA stream buffer designation from an existing draining channel, generally located at the northeast corner of the site. Approximately 1,535 tree inches located along the western property boundary would be preserved to mitigate the 570 inches that the applicant proposed to remove within the riparian buffer. This move would provide a benefit to the current homes in the area as the trees would act as a buffer to that area. The Planning and Zoning Commission recommended approval subject to the following conditions: (1) 1,535 tree inches would be preserved along the western property boundary. This preservation included mitigation for the 570 inches proposed to be removed from the ESA riparian buffer and a ten foot type B Buffer; and (2) preserved trees within the Alternative ESA plan located on the western property line would be used toward the tree mitigation requirement (222 inches) for the Alternative Tree Plan, which was approved by the Planning and Zoning Commission on January 9, 2013. Council Member Gregory asked for the total amount of buffer with the 10 feet and the tree area. Lockley stated it would be 90 feet. Council Member Engelbrecht asked how wide the gap in the green area would be for the emergency entrance. PS Arora, DRC Administrator, stated that it would be a minimum of 20 feet based on the Fire Department’s recommendation. Council Member Engelbrecht stated that every time there was a break in the natural habitat there was damage to the ability of wildlife to move back and forth in the area. He questioned why there needed to be a 50 foot wide space for a 26 foot minimum requirement. Lee Allison, representing the property owner, stated that the 20 feet would be for a fire ingress lane which would be in the second phase of the development. As the second phase was not planned yet, the green space was made wider in order to plan for future development. This would allow for planning flexibility. Lockley stated that Item C would provide for a specific use permit to allow for a multi-family development within a neighborhood residential mixed-use development. The proposed multi- family development would be constructed in two phases. Phase I would include up to 148 units and Phase II would include up to 168 to 180 units. The Planning and Zoning Commission recommended approval with the following conditions: (1) construction for Phase II shall begin within 24 months from the date of when the first Certificate of Occupancy was issued for Phase I. If construction had not started on Phase II in accordance with the Denton Development Code, the SUP for Phase II will expire: (2) the access point located on the west side of the property, if required, adjacent to the Mozingo subdivision shall be used for emergency access only and shall be gated; (3) any part of any building within 100 feet City of Denton City Council Minutes February 5, 2013 Page 21 of the north property line will be designed with reasonable sound attenuation construction methods within the building to address noise from the railroad; (4) the multi-family development was limited to 294 units, (5) thirty-five percent of the required parking shall be covered with carports, (6) a minimum tree preservation of 30% shall be provided. Preserved trees within the Alternate ESA plan and the western tree buffer may be counted toward the preservation requirement; (7) a minimum tree preservation area of 2.75 acres, inclusive of the Alternate ESA Plan and the western buffer was required: (8) tree preservation and mitigation (222 inches) will be calculated and designed with the landscape plans for Phase II; and (9) buildings and parking spaces in Phase I may be reasonable adjusted, subject to the approval of the Director of Planning and Development or his designee, during construction of Phase I in an effort to save any notable trees identified in the immediate area of the feature to be adjusted. Any tree 6 inches and above properly identified, protected and saved in Phase I will count toward the total tree preservation requirement. The Alternative Tree Plan conditions and the Alternative ESA Plan conditions were reviewed as noted in the agenda backup materials. Lockley stated that this piece of property was heavily treed and the developer wanted to develop in multiple phases but not definite conditions in order to provide flexibility for development but also provide for the requirements of the DDC. The listed conditions captured anticipated development of the property. Council Member Roden asked about requiring a more definite site plan as part of the SUP process. Lockley stated that the ideal situation would be to have a site plan but in absence of that and to give the applicant a level of comfort to move forward, this procedure identified conditions to continue with development. Mayor Pro Tem Kamp stated that she appreciated the staff and applicant working together to save as many trees as possible but still remain flexible. All of the conditions were in the ordinance and all were agreed to the applicant. Lockley stated that was correct. Council Member Watts asked about the alternative tree plan. Section Two of the conditions stated that the trees would not be used towards tree inches but Condition Two of the ESA plan stated that the trees on the western property line could be used for the Alternative Tree Plan. Council Member Engelbrecht questioned if the cut through was part of Phase II and the western boundary of trees would not be disturbed. Phase II would decide the alignment of the road and width of the road. If the 50 foot break was used there would still be the 1500 inches. Lockley stated that correct. The Mayor opened the public hearings for Items B and C. Lee Allison, representing the developer, spoke in favor. He stated that the tree preservation requirement stated that they must preserve 25% of the trees and they were proposing to preserve 30%. The emergency access road would probably only be 20 feet wide rather than 50 feet. Phase I was already set while Phase II was a concept to see how it might work. The Code did City of Denton City Council Minutes February 5, 2013 Page 22 not require acreage of tree preservation, it required inches. They were not taking down trees that they did not have to remove. They were asking for flexibility all through construction to allow for modifications if needed due to trees they might want to save. Council Member Gregory asked if it were in the plans if the main entrance was moved, to have a way to make it clear to a motorist that continuing on Audra would take them into the complex. Allison stated that in the future they were planning to have either signage or an arch in the area to separate it from the main street. There would be some type of architectural feature to separate it. Council Member Gregory stated that a condition from the Planning and Zoning Commission indicated that the emergency access on the west side of the property would be gated and that instead of regular paving there would be pavers that would allow water to go through. Allison stated that they would be using landscape pavers. Council Member Engelbrecht stated that there were two ingress/egress to Phase I. One was off Nottingham and the one other was the fire emergency entrance for Phase II. He asked why there was an entrance required on the west side. Allison stated that if the south development proceeded, there would not be a need for it. The fire code requirements required the road. The condition stated “if required”. Council Member Engelbrecht stated that the issue was with the habitats for animals which would be disturbed by a road going through the area. He would like to minimize the space have to cut the trees out and bring trees right up to the road with pavers. Arora stated that the pavers would need to sustain the load of the fire trucks. The Mayor closed both public hearings. Council Member stated that he would support a motion with hesitation as he would like to see an absolute need for the fire lane on west side in the future Mayor Pro Tem Kamp motioned, Council Member King seconded to adopt the ordinance with the stipulations as noted. On roll call vote: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden “aye”. Motion carried unanimously. Ordinance No. 2013-047 C. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving a Specific Use Permit to allow a multi-family development on approximately 19.87 acres of land within a Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation, located at the southwest corner of Mingo Road and Nottingham Drive within the J. Lilly survey, in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations City of Denton City Council Minutes February 5, 2013 Page 23 thereof; providing a severability clause and an effective date. (S12-0004) The Planning and Zoning Commission recommends approval, subject to conditions (6-0). The public hearing for this item was held with Item A. Council Member King motioned, Council Member Gregory seconded to adopt the ordinance with the conditions listed in the backup materials plus the use of pavers able to withstand a fire truck if needed for the emergency access. On roll call vote: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden “aye”. Motion carried unanimously. 7. CITIZEN REPORTS There were no citizen reports scheduled for this meeting. 8. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Council Member Roden requested another discussion on payday lending and how to proceed with a potential ordinance based on recent news. Council Member Gregory requested a report on the number of air quality testing stations, potential locations for monitoring, monitoring protocols, cost and cost recovery activities. Mayor Burroughs requested a time on the joint meeting agenda for the DISD to provide a status report from their perspective on the school finance issue. Council Member Engelbrecht mentioned the 35Denton and Thin Line Film Fest events that would be coming up this weekend. City of Denton City Council Minutes February 5, 2013 Page 24 B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. Mayor Burroughs noted that there was a Closed Session item to still discuss and questioned if Council wanted to continue the Closed Session at this time or consider an alternative date. Mayor Pro Tem Kamp stated that the item was a Council personnel manner and indicated that she would like to consider reposting it for next week. Council Member King agreed that it would be better to do the item when Council was fresh. Council Member Engelbrecht asked that the item be considered first on the agenda. He suggested scheduling an appropriate amount of time for the item or to consider two sessions; one for the appointee and one for general discussion. Mayor Burroughs noted that Council would not be considering Closed Session Item B. 1. at this meeting. With no further business, the meeting was adjourned at 8:30 p.m. _____________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS _____________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES February 12, 2013 After determining in Open Session that a quorum was present, the City Council convened in a Closed Session on Tuesday, February 12, 2013 at 1:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden ABSENT: None 1. Closed Meeting: A.Deliberation regarding Personnel Matters - Under Texas Government Code Section 551.074. 1.Deliberate and discuss the evaluation, duties, discipline, procedures, and contracts of the Municipal Court Judge, City Attorney, City Manager, and Internal Auditor. Following the completion of the Closed Meeting, the City Council convened in a Work Session to consider the following: 1. Citizen Comments on Consent Agenda Items Rick Woolfolk submitted a Comment Card to speak on Consent Agenda Item 4B regarding the name change of the Airport. 2. Requests for clarification of agenda items listed on the agenda for February 12, 2013. Mayor Burroughs asked about Consent Agenda Item 4H in reference to the smart meters. He asked where the city was in relation to the number of smart meters that were acquired for the first amendment and how many were left to be acquired of the 45,000 meters being replaced. Phil Williams, General Manager-DME, stated that 20,000 meters were done out of a total 48,000 meters for DME. This was being done in five phases. Mayor Burroughs stated that one of the stated purposes of the smart meters was to have auto connect and disconnect of electric services. He thought that the purpose was to provide more accurate information for billing services both for the homeowner and the city Williams stated that was the ultimate goal. The initial implementation was for customers who had a lot of turnover and those were implemented first. Mayor Burroughs asked if staff was doing any kind of test groups on how to find the best uses for the information from the meters or were they waiting to get all the information in for creative uses. City of Denton City Council Minutes February 12, 2013 Page 2 Williams stated that staff was already meeting on ways to begin pilot testing for other uses. Council Member Watts stated that there had been a news article about the PUC to opt in or opt out and a discussion on that. He asked for an informal staff report on the impact that would have on the City if that legislation was passed. Council Member Roden asked about Consent Agenda Item I calling the election in relation to early voting. He noted that the option for early voting at the Hickory Street location was no longer an option. City Secretary Walters stated that there would only be one early voting location at the new County Election facility on Kimberly. Two years ago voting was held both at the Hickory Street location and at the County Administration Building off Loop 288. However, that location was not used last year as the number of voters using the location did not warrant its use. Council Member Roden stated that the location this year then would not be that same building on the Loop. City Secretary Walters stated that the new Elections office was further down off Morris on Kimberly. Council Member Roden expressed a concern using a new location that voters might not be familiar with and felt that there would need to be a lot of education available for the voters to be award of that location. City Secretary Walters stated that she had already discussed that with the County which had indicated that they would be putting an ad in the newspaper for the new location, posting it on their Facebook page, as well as the City posting it on its Facebook and Twitter accounts. It would also be posted on the City’s website. A map could be posted on the website for the location of the new polling location. Council Member Engelbrecht asked about notifying voters of their new voting districts. City Secretary Walters stated that the County was completing their precinct line changes on th March 5. Once that was completed, information would be provided to voters regarding where voters would be voting. Council Member Gregory asked if there was a way for a voter to go to the City’s website, type in their address and find out what voter district they were in. City Secretary Walters stated not on the City website but that Denton County had that database on their website. There was a link on the city site to the County site. There was a potential of having errors if the City maintained a separate database as the list of registered voters was very fluid and needed to be updated very regularly. Council Member Gregory asked what happened if a voter moved. Would a change of address be required? City of Denton City Council Minutes February 12, 2013 Page 3 City Secretary Walters stated correct and that there was a 30 day waiting period until the change was effective. If the change was less than 30 days before an election, the voter would vote in his/her old district, not the new district. Council Member Engelbrecht stated that part of the change at the Airport would be changing the logo and asked why the logo would not be the same as the city logo. Quentin Hix, Director of Aviation, stated that the Airport logo had been different for a number of years. The City’s logo would still be used at the top of the Airport’s letterhead in addition to the one specific to the Airport. Council Member Engelbrecht asked about the policy regarding separate logos. Hix stated that it was reviewed in the sense of color scheme and the guidelines. The new logo was within the guidelines for City logos. Council Member Watts asked for a characterization of the Economic Development Partnership Board meeting and any additional input into that meeting. Mayor Burroughs stated that the primary discussion was not what was characterized. The primary discussion was that the purpose of the change was to deliberately look at the marketing aspect that had not been looked at before. The Board did not see any purpose to review the issue again as the same commentary had been presented in the past. No one on the Board wished to change the recommendation. Council Member Gregory stated that the Board questioned why they were asked to review the issue again as they had already considered the item. The question was considered again out of courtesy to the Airport Board which was not their charge anymore but they were in favor of the change. This was part of the comprehensive master plan for the airport. Council Member Gregory stated that Mr. Woolfolk had talked about other organizations that changed their logo such as Keep Denton Beautiful. This had been done before so it was not anything different. City Manager Campbell stated that all departments used the city logo but some departments had logo markers that were specific to their departments and followed those guidelines. Council Member Engelbrecht stated that he wanted the City logo on everything that went out and if that was not to be included with this proposal, then he might be in favor of pulling the item for further discussion. Betty Williams, Director of Administrative Services, stated that according to the standards policy this was not a logo but a marker. The city of Denton logo was on all correspondence and some departments had markers on the right hand side of their letterhead. It sounded that was what the Airport was going to do. Hix stated that staff was going to follow that policy at the Airport. City of Denton City Council Minutes February 12, 2013 Page 4 Williams stated that was the standard throughout the organization and was reinforced throughout. 3. Receive a report, hold a discussion, and give staff direction regarding the appointments from City Council, Denton County and Rayzor Investments, LLP to the Tax Increment Reinvestment Zone Two Board of Directors. Aimee Bissett, Director of Economic Development, stated that on December 18, 2012 Council adopted the ordinance designating and describing the boundaries of the TIRZ. The ordinance also established a Board of Directors for the TIRZ. The guidelines for membership on the Board was that there would be nine members appointed by Council, one by Denton County and one by Rayzor Investments. Staff recommended in December that the members of the Economic Development Partnership Board be appointed to act as the nine members on the TIRZ Board as both boards would be considering the same issues. Everette Newland was recommended for appointment by the County and Selwyn Rayzor was recommended for appointment by Rayzor Investments. Council Member Engelbrecht stated that the TIRZ was addressed as Westpark Reinvestment Zone but the ordinance called it the TIRZ II with no referral to Westpark. He recommended amending the ordinance to include the name of Westpark TIRZ to keep it consistent. Mayor Pro Tem Kamp asked if there was an attendance requirement for the Board. Bissett stated that she did not see any kind of attendance requirement. City Attorney Burgess stated that staff would review the ordinance to be sure. Consensus of the Council was to proceed with the nominations. 4. Receive a report and hold a discussion on the assessment of the Denton Development Code by Clarion and Associates including the development of Infill and Redevelopment regulations. Brian Lockley, Director of Planning and Development, introduced Matt Gobel from Clarion and Associates who updated Council on the start of the creation of infill and redevelopment regulations. Matt Gobel, Clarion and Associates, presented an overview of the scope and schedule of the program. He reviewed the makeup of the firm and the research and publications they had developed. The project goals included (1) ensure the process was open and inclusive, (2) respect Denton's past efforts and decisions, (3) focus on solutions that work, and (4) create a code that was clearer and easier to administer and use. The projected scope, code assessment and amendments would focus on three specific issues of efficiency of the development review process, barriers to infill and redevelopment and overall code organizations. City of Denton City Council Minutes February 12, 2013 Page 5 The project approach included project initiation, code assessment, code amendments with pubic review and training and education. Project initiation involved initial documents review, initial project meetings, interviews with staff and stakeholders, code assessment, preparing an assessment report for a staff draft and preparing an assessment report for a public version. Code amendments included cleanup reorganization and reformatting, preparing new infill code amendments, development application and review procedure amendments. Training and Education would involve prepare training materials, a half-day training session regarding off-premise sign assessment. Mayor Pro Tem Kamp requested an electronic copy of this presentation for all on Council. Council Member Gregory asked if form base code was included in this process. Gobel stated that form base code would be looked at with a broader review than just the current discussion with the Downtown area. Council Member Watts stated that the definition of infill was a lot never developed. That definition should not be interchanged with the term redevelopment. Gobel stated correct and as part of the process there might be a need to redefine infill as it currently was restrictive. Following the conclusion of the Work Session, the Council convened in a Closed Session to consider the following: 1. Closed Meeting: A.Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. 1.Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located in (1) the M. Yoachum Survey, Abstract No. 1442, City of Denton, Denton County, Texas (located generally along the 200 block of Mockingbird Lane); and (2) the E. Puchalski Survey, Abstract 996, City of Denton, Denton County, Texas (located generally in the 1300 block of Underwood Street). Consultation with the City's attorneys regarding legal issues associated with the potential acquisition and condemnation of the real property described above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. City of Denton City Council Minutes February 12, 2013 Page 6 B. Consultation with Attorneys - Under Texas Government Code Section 551.071. 1. Consult with City's attorneys regarding the status, strategy, mediation and possible resolution of litigation styled Sutton, et al. v. Walters, Cause Number 2011-60760-393. 2. Consult with City's attorneys regarding encroachments by other cities into Denton's extraterritorial jurisdiction, and provide feedback and direction regarding the strategic abatement of these encroachments. 3.Receive a briefing from, consult with and provide direction to the City's attorneys regarding the processes associated with real property acquisitions and delegations of authority related thereto, utilizing the power of eminent domain, where a public discussion of such legal matters would conflict with the duty of the City's attorneys to the City of Denton, Texas and the City Council of the City of Denton under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. 4.Consult with City’s attorneys regarding the city's becoming a gas utility in a limited area of the city and the calling of an election regarding same. C.Consultation with Attorney - Under Texas Government Code Section 551.071; Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087. 1. Receive a report and hold a discussion regarding legal issues on matters regarding the leasing of land and financing of a City facility on University of North Texas property located at I-35 and North Texas Boulevard where such discussion presents a conflict between the duty of the City's attorneys to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas and the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. Also hold a discussion regarding the leasing of land and financing of a City facility on University of North Texas property located at I-35 and North Texas Boulevard, including financial information related to such activities from a business prospect. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS There were no proclamations/presentations for this meeting. City of Denton City Council Minutes February 12, 2013 Page 7 3. CITIZEN REPORTS There were no citizen reports for this meeting. 4. CONSENT AGENDA Mayor Burroughs noted that Item J would be pulled for separate consideration. Council Member Gregory motioned, Council Member King seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Item J. On roll call vote: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden “aye”. Motion carried unanimously. Ordinance No 2013-048 A. Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the Unreserved Fund Balance of the Electric Fund with Certificates of Obligation with an aggregate maximum principal amount equal to $32,000,000 to allow Denton Municipal Electric to continue funding ongoing capital expenditures for expansion of the distribution and transmission electric facilities; and providing an effective date. The Public Utilities Board recommends approval (5-0). Ordinance No. 2013-049 B. Consider approval of a resolution regarding a Denton Airport Branding/Marketing Proposal presented by the Economic Development Partnership Board for a new Denton Airport Logo, Tag Line, Anthem and Name. The Economic Development Partnership Board recommends approval (9-0). Ordinance No. 2013-050 C. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to make an application with the Texas Department of Housing and Community Affairs Emergency Solutions Grant Program and take all other actions necessary to obtain and implement the program; and providing for an effective date. Resolution No. R2013-005 D. Consider approval of a resolution creating a special seven (7) member Oversight Committee to monitor, evaluate and report on progress of the Five Year Capital Improvement Program, which was approved by the voters at the Bond Election on November 6, 2012; and providing for an effective date. Ordinance No. 2013-050 E. Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Professional and Personal Services Agreement with Power Engineers, Inc., a Corporation, for engineering and other related services for studies, consultation, and support during the site and route selection processes for transmission line and electric substation projects for Denton Municipal Electric; City of Denton City Council Minutes February 12, 2013 Page 8 authorizing the expenditure of funds therefor; and providing an effective date (File 5174-in an amount not to exceed $1,576,050.). The Public Utilities Board recommends approval (5-0). Ordinance No. 2013-051 F. Consider adoption of an ordinance accepting competitive proposals and awarding a Public Works Contract for the construction of electric substations for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (RFP 5142-awarded to Can-Fer Utility Services, LLC in an amount not to exceed $16,560,000). The Public Utilities Board recommends approval (5-0). Ordinance No. 2013-052 G. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of sanitary sewer root control services from Duke's Root Control Inc., which is available from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; and providing an effective date (File 4553-Purchase of Sanitary Sewer Root Control Services for the Wastewater Collections Department in the annual estimated amount of $90,000 for a three year total not to exceed $270,000). The Public Utilities Board recommends approval (5-0). Ordinance No. 2013-053 H. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Second Amendment to an agreement with Trilliant Networks, Inc. for Phases IV and V of the Advanced Metering Infrastructure System (AMI); providing for the expenditure of funds therefor; and providing an effective date (RFSP 4485-Second Amendment to Agreement for Advanced Metering System Infrastructure awarded to Trilliant Networks, Inc. in the estimated amount of $2,867,738.87). The Public Utilities Board recommends approval (7-0). Ordinance No. 2013-054 I. Consider adoption of an ordinance ordering an election to be held in the City of Denton, Texas, on May 11, 2013, and if a runoff election is required, on June 15, 2013, for the purpose of electing Council Members to District 1, 2, 3, and 4 of the City Council of the City of Denton, Texas; prescribing the time and manner of the conduct of the election to be in accordance with an agreement with the Election Administrator of Denton County; providing a severability clause; providing an open meetings clause; and providing an effective date. Ordinance No. 2013-056 Consider adoption of an ordinance of the City Council of Denton, Texas K. authorizing the City Manager to execute an engagement arrangement ("Engagement") with Kelsey, Kelsey & Hickey for legal services regarding property acquisitions and claims matters related to electric transmission line and electric substation purposes of Denton Municipal Electric; authorizing the expenditure of funds therefor; and providing an effective date. City of Denton City Council Minutes February 12, 2013 Page 9 Ordinance No. 2013-057 L. Consider adoption of an ordinance authorizing the City Manager or his designee to execute a Contract of Sale (herein so called), as attached to the ordinance and made a part thereof as Exhibit "A", by and between the City of Denton (the "City"), and CODELLA LLC (the "Seller") contemplating the sale by Seller and purchase by City of a 2.486 acre tract of land, more or less, situated in the T.M. Downing Survey, Abstract Number 346, in the City of Denton, Denton County, Texas, as more particularly described in Exhibit "A" to the Contract of Sale (the "Property Interests"); for the purchase price of Three Hundred Fifty Thousand and No/100 Dollars ($350,000.00); authorizing the City Manager, or his designee, to execute and deliver any and all other documents necessary to accomplish closing of the transaction contemplated by the contract of sale; authorizing the expenditure of funds therefore; and providing an effective date. Item J was considered. Ordinance No. 2013-055 J. Consider adoption of an ordinance ordering an election to be held on May 11, 2013 for the purpose of submitting to the registered voters of Denton, Texas a proposition allowing the City of Denton to own, acquire, construct, maintain, and operate a gas utility in that area of the City near the Airport Industrial Park and more specifically described in Exhibits "A" and "B" attached thereto and incorporated therein, for the purpose of providing gas utility services to non- residential customers; prescribing the time and manner of the conduct of the election to be in accordance with an agreement with Denton County; prescribing the form of the ballot; providing for notice; providing for publication of notice of this election; providing a severability clause; providing an open meetings clause; and providing an effective date. Anita Burgess, City Attorney, presented the details regarding the City becoming a gas utility in a limited area of the city. Charter Section 12.01 provided that city may own, acquire or operate a public utility on the effective date of the Charter. At that time, the City did not have a gas utility. The provision in the Charter had a limiting effect on the provision of gas services at the Airport Industrial Park and in recruiting business in the area. It limited that area in an ability to develop and grow. In the last session, the Legislature enacted legislation to support city's efforts to construct a CHP plant and in tandem provide gas service in a limited area of the City. The legislation created a CHP economic development district and boundaries were set for that district. At the Council Planning Session the issue was raised as whether Council wanted to move forward with a vote to allow Denton to become a gas utility in a limited area of city. Council determined it would be best to move forward with a vote of electors. Staff was proposing Council enact an ordinance which would allow the City to sell gas in an area similar but not identical to the area depicted in the CHP economic development map. A different area was being proposed because the area would be clearer to voters as they looked at the ballot proposition. Gas could be sold not in tandem with the CHP construction of the plant. Staff was requesting Council pass the ordinance to allow the sale of gas for non-residential purposes and to include commercial and industrial purposes. City of Denton City Council Minutes February 12, 2013 Page 10 Mayor Burroughs stated that the ordinance would only call the election and did not give the ability to build a gas utility. Burgess stated correct. She reviewed the wording of the proposition. Council Member Gregory stated that if the voters approved the proposition, that did not require the Council to go forward with the construction of the gas line and providing the utilities. City Attorney Burgess stated that approval would authorize the construction and providing of the gas services but did not require it to be done. Council Member Gregory stated that the ordinance memorialized the Council’s intention to not do this if a private utility wanted to provide such a service in the kind of gas capacity that was proposed. City Attorney Burgess stated correct and had the emphasis that if someone else wanted to provide the service, the City would not do so. Council Member Gregory stated that was included in the language of the ordinance. City Attorney Burgess stated correct. Mayor Burroughs stated that this was a first step in a long process. The City had long focused on areas for economic development purposes. One was the industrial park which had serious limitations concerning the lack of significant gas pressure. The City had already lost numerous opportunities for development due to a lack of the gas provisions. The City had questioned private industry in the past if they wanted to provide the gas service but had been told that they were not interested without the customer base already there. He felt going to the voters would be a preferred step in this process if there was no CHP customer needing the gas. Hopefully the City would not need to do this if providers in the area decide to offer the service. This would be for a very limited purpose. Council Member Gregory asked for an explanation as to why an authorization for a CHP plant itself which would sell steam and chilled water was not included in this election. City Attorney Burgess stated that the City already had the authority for the CHP plant as a result of the state legislation so it was not necessary to included it in the election. If this proposition was approved the City could sell natural gas without the CHP plant and would provide gas in the area for economic development prospects that was not already there. Council Member Gregory stated that the Charter indicated that the City could not sell utilities that the City did not have in 1959. The ordinance was not asking authorization for steam heat and chilled water as that was not considered a utility. City Attorney Burgess stated that the City did not need authority for chilled water and steam as an opinion had been rendered that these were not a public utility and did not fit into the definition of the City Charter. City of Denton City Council Minutes February 12, 2013 Page 11 Council Member King motioned, Council Member Roden seconded to adopt the ordinance. On roll call vote: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden “aye”. Motion carried unanimously. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider nominations/appointments to the City's Boards and Commissions: 1. Capital Improvement Program Oversight Committee. Tony Puente, Assistant Director of Finance, stated the names of six individuals were presented in the backup materials for consideration on the Committee. David Sanchez would be added as a seventh name. Mayor Pro Tem Kamp motioned, Council Member King seconded to approve the nominations. On roll call vote: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden “aye”. Motion carried unanimously. 2. Tax Increment Reinvestment Zone Two Board of Directors Aimee Bissett, Director of Economic Development, stated that these appointments would be for the Westpark Tax Increment Reinvestment Zone Two Board of Directors. Nine members would be appointed by Council, one member by the County and one member by Rayzor Investments. It was recommended that the nine members of the Economic Development Partnership Board be the nine city representatives, Everette Newland for the County representative and Selwyn Rayzor for the Rayzor Investments representative. Council Member Watts motioned, Mayor Pro Tem Kamp seconded to approve the nominations. On roll call vote: Council Member King, Council Member Watts, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, Mayor Burroughs, Council Member Roden “aye”. Motion carried unanimously. 6. CITIZEN REPORTS There were no citizens reports scheduled for this meeting. 7. CONCLUDING ITEMS A.Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: City of Denton City Council Minutes February 12, 2013 Page 12 expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Mayor Pro Tem Kamp announced the Council’s clean up of their Adopt-a-Spot would be March 2nd at 10:30. Council Member Roden announced that Quakertown Park would receive a state historical designation on Saturday. Council Member Engelbrecht announced that the Thin Line Film Festival was currently happening in Denton. Mayor Burroughs announced that next week was Denton County Days which the Council and other community leaders would be attending in Austin to meet with legislators to inform them about issues important to Denton and Denton County. B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. Council did not return to Closed Session. With no further business, the meeting was adjourned at 6:59 p.m. _____________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS _____________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS AGENDA INFORMATION SHEET AGENDA DATE: March 19, 2013Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Chad Weldon at 349-8861 ACM: Bryan Langley SUBJECT Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of two Dragon Runner 20 Remotely Operated Vehicles (Small Platform Robots) from QinetiQ North America, Inc. which are available from only one source and in accordance with Chapter 252.022 of the Texas Local Government Code such purchases are exempt from the requirements of competitive bidding; with funding to be reimbursed 100% through the Dallas Fort Worth Arlington Urban Area Security Initiative, a Homeland Security Grant Program; and providing an effective date (File 5191-Purchase of Two Dragon Runner 20 Remotely Operated Vehicles for the City of Denton Fire Department Bomb Squad in the amount of $173,886). FILE INFORMATION The Dallas Fort Worth Arlington Urban Area Security Initiative, a Homeland Security Grant Program, has authorized 100% funding for the purchase of two small used by the Denton Fire Department Bomb Squad. Remotely Operated Vehicles (robots) are commonly used by Bomb Technicians to perform tasks in hazardous environments. The robots allow many tasks to be accomplished without placing public safety employees in direct contact with hazards. Although the use of robots is not feasible at all incidents, the capabilities provided with the new technology does allow for expanded use. The requested equipment has been proven in the Bomb Squad / Explosive Ordinance Disposal (EOD) field. The Dragon Runner Robot products are currently being used by United States Military EOD units both inside and outside borders. The Dragon Runner provides some key capabilities that are not available in other small platform robots such as the use of full-size disruption tools (disruptors), and provides independent use of the Pan/Tilt/ Zoom mast camera and manipulator arm. These key capabilities allow for more remote operations to be accomplished in hazardous environments, and provide an increased level of safety for the operator. The quote for this equipment is attached as Exhibit 1. Chapter 252 of the Texas Local Government Code exempts from the competitive bid process, those supplies and resources protected by copyright or patent and available from only one source. QinetiQ North America, Inc. is the sole provider of the equipment in the United States (Exhibit 2). Agenda Information Sheet March 19, 2013 Page 2 RECOMMENDATION Staff recommends awarding the purchase of two Dragon Runner 20 Remotely Operated Vehicles to QinetiQ North America, Inc. in the amount of $86,943 each for a total award of $173,886. PRINCIPAL PLACE OF BUSINESS QinetiQ North America, Inc. Waltham, MA ESTIMATED SCHEDULE OF PROJECT A purchase order for the two Dragon Runner 20 Remotely Operated Vehicles will be issued upon Council approval. The units are expected to be in service within 90 days from receipt of the purchase order. FISCAL INFORMATION This project was recommended, and approved for 100% funding by the 2011 Dallas Fort Worth Arlington Urban Area Security Initiative. Operating account 342022.8535 will be used to generate the purchase order with funding reimbursed at the time of receipt of the equipment. Therefore, no City funds will be expended for this procurement. EXHIBITS Exhibit 1: Equipment Quote Exhibit 2: Sole Source Letter Respectfully submitted: ________________________ Antonio Puente, Jr., 349-7283 Assistant Director of Finance 1-AIS-File 5191 Exhibit 1 QinetiQ North America, Inc. NOTE: All TALON products are sold Technology Solutions Group strictly subject to QNA TSG terms and 350 Second Avenue Waltham, MA 02451 conditions. 781-684-4000 PRICE QUOTATION DOMESTIC The City of Denton Dragon Runner20 Quoted To: Purchasing Department 901-B Texas St. DRQ-2012-0019D Denton, TX 76209 Query: Jody Hays Attention: 940-349-7100 Tel: 01/29/13 Date: purchasing@cityofdenton.com Email: Unit of QTY This AMOUNT DESCRIPTIONStatus PART NUMBER Unit Price ITEM Meas.Order Twenty 55,467 1 DRAGON RUNNERRobot System 55,467 Dragon Runner 20 Vehicle Chassis with In-Vehicle Charging System INCLUDED 101ASM60391 1StandardINCLUDED EA INCLUDED 101ASM1100Nose Guard Pivot Camera Assembly1 2StandardINCLUDED EA INCLUDED 101ASM1104Battery Cover Assembly with Toolless Fasteners1 3StandardINCLUDED EA INCLUDED 101ASM7007Handle, Off Road1 4StandardINCLUDED EA INCLUDED 101CBL3160Cable, External Battery Charger 1 (Required for In Vehicle Battery Charging) 5StandardINCLUDED EA INCLUDED 101KIT1025Field Hardware Kit1 6StandardINCLUDED EA INCLUDED 101OEM1006Charger for Lithium-ion Battery 1 (Required for In Vehicle Battery Charging) 7StandardINCLUDED EA INCLUDED 101OEM1175Battery, Vehicle, Lithium-ion (BB 2590/U, 7.2 Amp Hours -- NSN 6140-01-490-4316) - Use only Dual Charger!1 8StandardINCLUDED EA INCLUDED 101PRT2353Battery Strap, Vehicle1 9StandardINCLUDED EA Vehicle Mobility INCLUDED 101KIT1026Sprocket Kit, Standard1 (For off road and curb climbing tracks) 10StandardINCLUDED EA INCLUDED 101KIT1027Tracks, Off Road1 (Tracks only) 11StandardINCLUDED EA INCLUDED 101KIT1028Tracks, Curb Climbing1 (Tracks only) 12StandardINCLUDED EA INCLUDED 101KIT1030Front Track Extender Assembly (For curb climbing tracks)1 13StandardINCLUDED EA INCLUDED 101KIT1075Retractable Stair Climbing Stabilizer Bars (Required for Stair Climbing)1 14StandardINCLUDED EA Vehicle Communications 101ASM1092/1060/106 INCLUDED Radios & Antennae, ANALOG (2.4 GHz Digital DATA and 1.8 GHz VIDEO)1 5 15StandardINCLUDED EA Dragon Runner 20 OCU INCLUDED 101ASM2361Backpack Assembly, Coyote -- COFDM1 16StandardINCLUDED EA INCLUDED 101OEM1175Battery, Vehicle, Lithium-ion (BB 2590/U, 7.2 Amp Hours -- NSN 6140-01-490-4316) - Use only Dual Charger!1 17StandardINCLUDED EA INCLUDED 111ASM0058Battery Box 1 18StandardINCLUDED EA INCLUDED 101ASM2022Hand Controller with Hitachi Display1 19StandardINCLUDED EA OCU Communications INCLUDED Radios & Antennae, ANALOG1 11ASM0001/1022/20 20StandardINCLUDED EA Dragon Runner 20 Required Accessories 101ASM4001Shipping Case (Vehicle & OCU)1INCLUDED 21INCLUDED EA DSI-500-0379Battery Charger, Lithium-ion Battery, Vehicle1INCLUDED 22INCLUDED EA DSI-500-0382Adapter, Battery Charger, Lithium-ion Battery1INCLUDED 23INCLUDED EA Manual, Users, DR-20 with CD DSI-900-06071INCLUDED 24INCLUDED EA Total Configured Vehicle before Accessories, Spares, & Shipping 55,467 25 Dragon Runner 20 Elective Options 3 DoF Arm Assembly WITH 5" EXTENTION, Two-Stage with a 360 Degree Rotatable Wrist, RotatableTurret Arm Assembly 30,552 Gripper Assembly with IR ILLUMINATED CAMERA W/ RANGE Pan/Tilt Mast with 40:1 Zoom Color Camera. (500-30,5521 with 360 Degree 26Added Cost EA Rotating Turret 1977) 600 DSI-110-0121Disrupter Mount Interface Kit, CarbonFire6001 27 Added Cost EA Total Accessories 31,152 28 Added Cost PACK-SHIPPackaging, Packaging Materials, Preparation for Shipment, & Shipping3241324 29 EA 30 Subtotal Accessories, Spares, & Shipping 31,476 31 TOTAL for ONE Vehicle with Spares & Shipping86,943 32 TOTAL for TWO Vehicles with Spares & Shipping173,886 33 IMPORTANT: 1. All TALON and Dragon Runner products are ITAR controlled. 2. NO ORDER CAN BE ACCEPTED UNLESS AND UNTIL IT IS IN COMPLETE AGREEME these terms and conditions is not included with your quotation, please contact TALON Business Systems at the above address and a copy will be forwarded to you. 3. Shipping is F.O.B. QNA-TSG facility, Waltham, MA unless otherwise stipulated. 4. Inspection & Acceptance to be at Origin, QNA-TSG has a Government Quality Assurance Specialist on site to proices for the U. S. Government. 5. Orders are only accepted under the condition that any dutiess of any kind that may be levied upon this procurement shall be thethis quotation. 6. Quotations are valid to 03/31/2013 after which prices will increase by 3% 7. Unless otherwise indicated, expect delivery within 100 to 16n a timely manner and delivery schedules do not conflict with U. S. 8. A formal Letter of Credit (LOC) issued by an international b-TSG or payment at least 30 days in advance of delivery is required for any shipment g 9. Radio Frequencies used by the TALON require authorization ofauthorization for use of the ANALOG radio frequencies is not receivvided to the seller with the order or at least 45 days prior to planned delivery, VEHICLES WILL BE SHIPPED WITH RADIOS DISENGAGED and QNA TSG will send a field service engineer to the customer'sAT CUSTOMER EXPENSE to install the correct frequencies when they become available. Exhibit 1 GENERAL PROVISIONS 9.Notices TM FOR SALE OF TALON A. All notices to QNA-TSG under this Agreement shall be in writing and sent to: QinetiQ North America Inc., Technology Solutions Group, ROBOTS PRODUCTS General Counsel 350 Second Avenue Waltham, MA 02154 Terms and Conditions 1. B. All notices to the Buyer under this Agreement shall be in writing and sent to such A quotation shall not be construed as an offer to sell, and no order shall be address and persons as designated in QNA- order. A- 10.Dispute Resolution -TSG shall be governed solely by the terms and conditions Any dispute arising out of or relating hereto that cannot be resolved by the parties contained herein, and any teshall be submitted to arbitration conducted in the State of Texas, in accordance with the these terms and conditions are hereby rejected and shall be considered null and the commercial arbitration rules of the American Arbitration Association. The award void with respect to any order placed with and accepted by QNA-TSG unless rendered by the arbitrators shall be final and binding upon the parties, and judgment modifications are agreed to in writing in advance of order acceptance by QNA-TSG. upon such award may be entered in any court having jurisdiction thereof. The expenses of arbitration, including reasonable attorney fees and costs, shall be 2. Payment allocated among the parties as determined by the arbitrator(s). Pricing shall be quoted on a firm fixed price basis and, unless otherwise agreed in writing, the payment terms of the sale shall be net thirty (30) days from the date of 11. Enforceability QNA-t it does not violate applicable law, interest shall If one or more of these terms and conditions should be deemed contrary to law, then be payable on past due accounts at the rate of one and one-half percent (1 ½ %) per such provisions or parts thereof shall be null and void and shall be deemed separable month on the unpaid balance from the original date of invoice. from the remaining provisions or parts thereof and shall in no way affect the validity or enforceable of any remaining provisions herein. 3. Delivery and Acceptance QNA-TSG will notify Buyer 12. Entire Understanding Destination (Denton Fire Department, Denton, These terms and conditions represent the entire agreement and understanding Texas) and, unless otherwise agreed in writing, all shipping costs shall be borne by between the parties in relation to the subject matter hereof and there are no promises, Buyer. All risk of loss passes to Buyer at point of receipt and acceptance by Buyer. representations, conditions, provisions or terms related thereto other than those set Buyer shall have the right to inspect the Products upon taking possession and shall forth herein. These provisions supersede all previous understandings, agreements, give QNA-TSG written notice of any defect or nonconformity within thirty (30) days and representations between the parties, written or oral and may be modified only by of the Notification Date. a written instrument signed by authorized representatives of both parties. 4. Independent Contractor 13. Export QNA- The Products are export controlled under the International Traffic in Arms 5. Warranty are subject to all United States laws and regulations relating to exports and to all administrative acts of the U.S. Government pursuant to such laws and regulations, warranty then in effect, which is available on request. Buyer warrants that Buyer or and agrees that its receipt and possession of the Products is subject to the restrictions and limitations provided for below: engineer the Products or any component of the Products. QNA-TSG EXPRESSLY A. The Products shall not be sold to, used by, demonstrated for, or otherwise put at DISCLAIMS ALL OTHER WARRANTIES AND THE FOREGOING the disposal of any Foreign Person (as defined in the ITAR), including any Foreign WARRANTY IS GIVEN IN LIEU OF ALL OTHER WARRANTIES EXPRESS Person employed by the Buyer except as specifically authorized by the prior written OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OF approval of the United States Department of State. MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. B.The Products shall not be exported, except as specifically authorized by the prior written approval of the United States Department of State. 6. Delays The Products, and any technology or data related to the Products, shall not be Neither party hereto shall be considered in default in the performance of its transferred to any person or Government outside of the United States or to a Foreign obligations hereunder to the extent that the performance of any such obligations is Person inside the United States, except as specifically authorized by the prior written prevented or delayed by any cause which is beyond the reasonable control of such approval of the United States Department of State. party. In addition, QNA-TSG may require more information, including but not limited to 7. Indemnification purpose for which Buyer intends to use the Products, whether Buyer will be reselling -TSG at all times reserves the right to rescind any and all third party claims, demands, and liability, including defense costs, relating its offer to Buyer should QNA-TSG become aware of anything that would make in any way to damages, claims, or fines arising by reason of or in connection with QNA-TSG, in its sole discretion, believe or suspect that selling Products to Buyer would violate any applicable law or regulation, including without limitation U.S. during the performance of the duties under this export law. Buyer agrees to notify QNA-TSG in advance of any voluntary disclosure to any U.S. Governmental agency of a violation or potential violation of the export control laws any way to the actual or alleged joint of the United States with regard to the Product and the Buyer agrees to immediately notify QNA-TSG of any investigation regarding the Product as soon as it becomes It is the expressed intention of the parties hereto, that the indemnity provided herein is aware of such an investigation. own negligence where said negligence is an alleged or actual cause of any alleged 14. Governing Law third-party harm. This Agreement shall be construed under and governed in all respects by the laws of The indemnity provision provided herein shall have no application to any claim or the State of Texas without regard to the conflicts of law principles thereof. demand where bodily injury, death, or damage results from the sole negligence of the this indemnity provision shall not exceed $600,000 per occurrence. 8. Insurance QNA-TSG shall carry Comprehensive General Liability Insurance with limits not less than $2,000,000 per occurrence for Bodily Injury and $1,000,000 per occurrence for Property Damage. Rev 2 05-04-10 Exhibit 2 DragonRunnerRobots SoleSourceManufacturer SalesandDistributionPolicy TheDragonRunnerfamilyofrobotsismanufacturedsolelybyand/orfor,andto thewholly-owneddesignsandspecificationsofQinetiQNorthAmericaInc., TechnologySolutionsGroup(formerlyFoster-Miller,Inc.)(hereinafter“TSG.”) ThisincludesourDragonRunnerTwentyRobotsandall combinations/configurationsofthesevehicles. ThisfamilyofroboticvehiclesaremanufacturedintheUnitedStatesofAmerica andsoldexclusivelyintheUnitedStatesbyTSGdirecttotheenduser.No resellers,distributors,ordealersareutilizedtoadvertise,distribute,orsellDragon RunnerrobotsintheUnitedStates. Ifadditionalinformationisneededinsupportofmanufacturingoperations,sales distributionpolicies,oranyotherinformationrelatingtoDragonRunnersalesand distribution,pleasecontacttheundersigned. Thankyou. FrancisL.Pugsley TALON®BusinessSystemsManager QinetiQNorthAmerica TechnologySolutionsGroup350SecondAve.Waltham,MA02451 office781.684.4624|fax781.684.4315|cell617.549.7647 fpugsley@foster-miller.com QinetiQNorthAmerica,INC. TechnologySolutionsGroup 358SecondAvenueTel781.684.3958/3960/4624 Waltham,MA02451-1196Fax 781.684.4315www.QinetiQ-NA.com ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF TWO DRAGON RUNNER 20 REMOTELY OPERATED VEHICLES (SMALL PLATFORM ROBOTS) FROM QINETIQ NORTH AMERICA, INC. WHICH ARE AVAILABLE FROM ONLY ONE SOURCE AND IN ACCORDANCE WITH CHAPTER 252.022 OF THE TEXAS LOCAL GOVERNMENT CODE SUCH PURCHASES ARE EXEMPT FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; WITH FUNDING TO BE REIMBURSED 100% THROUGH THE DALLAS FORT WORTH ARLINGTON URBAN AREA SECURITY INITIATIVE, A HOMELAND SECURITY GRANT PROGRAM; AND PROVIDING AN EFFECTIVE DATE (FILE 5191-PURCHASE OF TWO DRAGON RUNNER 20 REMOTELY OPERATED VEHICLES FOR THE CITY OF DENTON FIRE DEPARTMENT BOMB SQUAD IN THE AMOUNT OF $173,886). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including; items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; and need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following purchase of materials, equipment or supplies, as and the license terms attached are hereby approved: FILE NUMBER VENDOR AMOUNT 5191 QinetiQ North America, Inc. $173,886 SECTION 2. The City Council hereby finds that this purchase, and the award thereof, constitutes a procurement of items that are available from only one source, including, items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; and need not be submitted to competitive bids. SECTION 3. The acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION 4. The City Manager is hereby authorized to execute any contracts relating to the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION 5. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may required by the City of Denton under File 5191 to the City Manager of the City of Denton, Texas, or his designee. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _________ day of ____________, 2013. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ______________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 4-ORD-File 5191 AGENDA INFORMATION SHEET AGENDA DATE: March 19, 2013 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Frank Payne at 349-8946 ACM: Bryan Langley SUBJECT Consider adoption of an ordinance accepting bids and awarding a public works contract for the US Highway 380 Utility Relocations Project; providing for the expenditure of funds therefor; and providing an effective date (Bid 5190-awarded to North Texas Contracting, Inc. in the amount of $3,446,977). The Public Utilities Board recommends approval (6-0). BID INFORMATION The US Highway 380 Utility Relocations Project (see Exhibit 1 Map) consists of approximately 3,890 linear feet of sixteen (16) inch water line, 5,550 linear feet of twelve (12) inch water line, 1500 linear feet of eight (8) inch sewer line, 2,700 linear feet of eighteen (18) inch sewer line, 930 linear feet of twenty (20) inch sewer line, and 1,440 linear feet of twenty-one (21) inch sewer line paralleling US Highway 380 from Bonnie Brae Street to Carroll Boulevard. Standard City of Denton purchasing procedures were utilized. Bid notices were advertised in the local paper, posted on the internet, and emailed to prospective bidders. Bids for the construction phase of this project were opened on February 28, 2013. Five responses were received. The bids ranged from a low base bid of $3,446,977 to a high base bid of $4,080,191.50 opinion of probable construction cost for the project was approximately $3,727,318.50. The bid summary is enclosed as Exhibit 2. The low bidder for this project, North Texas Contracting, Inc., appears to meet all of the necessary requirements for qualification on this project. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On March 11, 2013, the Public Utilities Board recommended approval to forward this item to the City Council for consideration. RECOMMENDATION Award Bid 5190 to the lowest responsible bidder meeting specification, North Texas Contracting, Inc. in the amount of $3,446,977. Agenda Information Sheet March 19, 2013 Page 2 PRINCIPAL PLACE OF BUSINESS North Texas Contracting, Inc. Keller, TX ESTIMATED SCHEDULE OF PROJECT The utility relocations are estimated to be completed within 270 calendar days of issuance of the Notice to Proceed. FISCAL INFORMATION This project will be funded from Bond fund account 640035542.1360.40100 in the amount of $1,363,699 and account 630043517.1341.40100 in the amount of $2,083,278. Requisition #112310 has been entered in the Purchasing software system. EXHIBITS Exhibit 1: Map of Location Exhibit 2: Bid Tabulation Exhibit 3: Public Utilities Board Draft Minutes Respectfully submitted: Antonio Puente, Jr., 349-7283 Assistant Director of Finance 1-AIS-Bid 5190 Exhibit 3 DRAFT MINUTES 1 PUBLIC UTILITIES BOARD 2 3 March 11, 2013 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is 6 present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on 7 Monday, March 11, 2013 at 9:00 a.m. in the Service Center Training Room, City of Denton 8 Service Center, 901A Texas Street, Denton, Texas. 9 10 Present: Chairman Dick Smith, Vice Chair Billy Cheek, Secretary Randy 11 Robinson, Phil Gallivan, Barbara Russell, Leonard Herring and Lilia 12 Bynum 13 14 Ex Officio Members: Howard Martin, ACM Utilities; (absent) George Campbell, CM 15 OPEN MEETING: 16 17 CONSENT AGENDA: 18 19 20 7)Consider adoption of an ordinance accepting bids and awarding a public works contract for 21 the US 380 Utility Relocations project; providing for the expenditure of funds therefore; and 22 providing an effective date (Bid 5190-awarded to (North Texas Contracting, Inc. in the 23 amount of $3,446,977.00). 24 Board Member Bill Cheek recused himself from voting on this item. 25 26 Board Member Russell motioned to approve this item with a second from Board Member 27 Robinson. The vote was 6-0 approved 28 . 29 30 Adjournment 11:06 a.m. ORDINANCE NO. _________ AN ORDINANCE ACCEPTING BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE US HIGHWAY 380 UTILITY RELOCATIONS PROJECT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 5190-AWARDED TO NORTH TEXAS CONTRACTING, INC. IN THE AMOUNT OF $3,446,977). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. 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 NUMBER CONTRACTOR AMOUNT 5190 North Texas Contracting, Inc. $3,446,977 SECTION 2. 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 3. 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. SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under Bid 5190 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. 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 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2013. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 5-ORD-Bid 5190 AGENDA INFORMATION SHEET AGENDA DATE: March 19, 2013Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Frank Payne at 349-8946 ACM: Bryan Langley SUBJECT Consider adoption of an ordinance accepting bids and awarding a public works contract for the Morse Street and Alexander Street Water and Sewer Replacement Project; providing for the expenditure of funds therefor; and providing an effective date (Bid 5170-awarded to Dickerson Construction Company, Inc. in the amount of $484,105.50). The Public Utilities Board recommends approval (6-0). BID INFORMATION The Morse Street & Alexander Street Water and Sewer Replacements Project (see Exhibit 1 Map) consists of approximately 1,250 linear feet of eight (8) inch sewer line and 1,375 linear feet of twelve (12) inch water line on Morse Street from Bushey Street to Newton Street and 355 linear feet of eight (8) inch sewer line on Alexander Street. Standard City of Denton purchasing procedures were utilized. Bid notices were advertised in the local paper, posted on the internet, and emailed to prospective bidders. Bids for the construction phase of this project were opened on February 14, 2013. Two responses were received. The bids ranged from a low base bid of $484,105.50 to a high base bid of $528,593.29. The nclosed as Exhibit 2. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On March 11, 2013, the Public Utilities Board recommended approval to forward this item to the City Council for consideration. RECOMMENDATION Award Bid 5170 to the lowest responsible bidder meeting specification, Dickerson Construction Company, Inc. in the amount of $484,105.50. Agenda Information Sheet March 19, 2013 Page 2 PRINCIPAL PLACE OF BUSINESS Dickerson Construction Company, Inc. Celina, TX ESTIMATED SCHEDULE OF PROJECT The replacement of the water and sewer lines is estimated to be completed within ninety calendar days of issuance of the Notice to Proceed. FISCAL INFORMATION A total of $344,763.00 of Community Development Block Grant funding has been allocated for this project in the following amounts: Morse Street water portion - $152,302.00 Morse Street sewer portion - $140,961.00 Alexander Street sewer portion - $51,500.00 Since the recommended low bid for the project is $139,342.50 higher than the allocated grant funding, Water Utility Bond accounts will fund the difference. The City of Denton Water department will fund $82,706.50 for the Morse Street project and the City of Denton Wastewater department will fund $47,498.00 for the Morse Street project and $9,138.00 for the Alexander Street project. EXHIBITS Exhibit 1: Map of Location Exhibit 2: Bid Tabulation Exhibit 3: Public Utilities Board Draft Minutes Respectfully submitted: Antonio Puente, Jr., 349-7283 Assistant Director of Finance 1-AIS-Bid 5170 EXHIBIT 2 IFB # 5170 DATE: February 14, 2013 Description: Morse St. & Alexander St. Water and Sewer Replacement No.Qty.DESCRIPTIONVENDORVENDOR Dickerson Construction Co., Jagoe-Public Co. Inc. Principle Place of Business: Celina, TXDenton, TX Total Bid Morse Street $472,514.04 $423,467.50 Total Bid Alexander Street $56,079.25 $60,638.00 Total Base Bid $484,105.50$528,593.29 Bid Bond yes yes Exhibit 3 DRAFT MINUTES 1 PUBLIC UTILITIES BOARD 2 3 March 11, 2013 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is 6 present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on 7 Monday, March 11, 2013 at 9:00 a.m. in the Service Center Training Room, City of Denton 8 Service Center, 901A Texas Street, Denton, Texas. 9 10 Present: Chairman Dick Smith, Vice Chair Billy Cheek, Secretary Randy 11 Robinson, Phil Gallivan, Barbara Russell, Leonard Herring and Lilia 12 Bynum 13 14 Ex Officio Members: Howard Martin, ACM Utilities; (absent) George Campbell, CM 15 OPEN MEETING: 16 17 CONSENT AGENDA: 18 19 20 8)Consider adoption of an ordinance accepting bids and awarding a public works contract for 21 the Morse Street & Alexander Street Water and Sewer Replacements project; providing for 22 the expenditure of funds therefore; and providing an effective date (Bid 5170-awarded to 23 Dickerson Construction Company, Inc. in the amount of $484,105.50). 24 Board Member Bill Cheek recused himself from voting on this item. 25 26 Board Member Russell motioned to approve this item with a second from Board Member 27 Robinson. The vote was 6-0 approved 28 . 29 30 Adjournment 11:06 a.m. ORDINANCE NO. _________ AN ORDINANCE ACCEPTING BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE MORSE STREET AND ALEXANDER STREET WATER AND SEWER REPLACEMENT PROJECT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 5170-AWARDED TO DICKERSON CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $484,105.50). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. 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 NUMBER CONTRACTOR AMOUNT 5170 Dickerson Construction Company, Inc. $484,105.50 SECTION 2. 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 3. 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. SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under Bid 5170 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. 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 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2013. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 5-ORD-Bid 5170 AGENDA INFORMATION SHEET AGENDA DATE: March 19, 2013 DEPARTMENT: Utility Administration ACM: Howard Martin, Utilities SUBJECT: Consider adoption of an ordinance of the City of Denton, Texas creating a Capital Improvements Advisory Committee pursuant to Texas Local Government Code §395.058 as a requirement before authorizing impact fees; appointing the planning and zoning commission’s members as members of the capital improvements advisory committee; providing for the appointment of and appointing one additional ad hoc member to the capital improvements advisory committee from the extraterritorial jurisdiction of the City of Denton, Texas; providing for the adoption of procedural rules for the capital improvements advisory committee to follow in performing its duties; and providing for a effective date. BACKGROUND In Texas, impact fees are governed by Chapter 395 of the Local Government Code. Impact fees partially recover the cost of adding capacity to the water and wastewater system to accommodate growth. Denton's last impact fee study was completed and the ordinance approved in July 2008. To comply with the 5 year impact fee update requirements of state law, staff has contracted wtih Duncan & Associates to prepare an updated impact fee study. Chapter 395 requires that a Capital Improvements Advisory Committee be appointed to review the land use assumptions and capital improvements plans that are used in the update study and review and comment on proposed impact fees. Section 395.058 of the Local Government Code allows for the Planning & Zoning Commission plus a representative of the ETJ (Extra Territorial Jurisdiction) to serve in this capacity. Staff recommends that the Council appoint the Planning and Zoning Commission plus one additional member to represent ETJ interests. Staff further recommends that Dr. Ken Dickson be appointed to serve as the ETJ member on the Advisory Committee. Dr. Dickson is Professor Emeritus at the University of North Texas and has been active in the environmental sciences for many years. In 1998 he created the Elm Fork Education Center at UNT. His knowledge of the environment and the effects of growth on the environment, as well as his understanding of the issues facing Denton will bring valuable insight to the impact fee process. Once complete, the impact fee update study and proposed impact fees will be presented to the Public Utilities Board for review and recommendation to the City Council. RECOMMENDATION Staff recommends approval of an ordinance creating a Capital Improvements Advisory Committee consisting of the Planning and Zoning Commission and one ad hoc member from the water/wastewater extra territorial jurisdiction (ETJ). FISCAL SUMMARY PUB previously approved a professional services contract with Duncan & Associates for the impact fee study update. EXHIBITS 1. Ordinance Respectfully submitted: Howard Martin Assistant City Manager EXHIBIT1 ORDINANCE NO. 2013-_______ AN ORDINANCE CREATING A CAPITAL IMPROVEMENTS ADVISORY COMMITTEE PURSUANT TO TEXAS LOCAL GOVERNMENT CODE §395.058 AS A REQUIREMENT BEFORE AUTHORIZING IMPACT FEES; APPOINTING THE PLANNING AND ZONING COMMISSION’S MEMBERS AS MEMBERS OF THE CAPITAL IMPROVEMENTS ADVISORY COMMITTEE; PROVIDING FOR THE APPOINTMENT OF ONE ADDITIONAL AD HOC MEMBER TO THE CAPITAL IMPROVEMENTS ADVISORY COMMITTEE FROM THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF DENTON, TEXAS; PROVIDING FOR THE ADOPTION OF PROCEDURAL RULES FOR THE CAPITAL IMPROVEMENTS ADVISORY COMMITTEE TO FOLLOW IN PERFORMING OUT ITS DUTIES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas desires to authorize impact fees pursuant to Chapter 395 of the Texas Local Government Code; and th WHEREAS, on the 15 day of July, 2008, the City Council considered, approved, and authorized impact fees as provided in Ordinance No. 2008-156; now five (5) years has passed, and the City Council, in accordance with the applicable Texas law, must conduct appropriate activities regarding the imposition of impact fees for an additional five (5) year period; and WHEREAS, a Capital Improvements Advisory Committee is required to be created before any impact fees can be authorized in accordance with §395.058 of the Texas Local Government Code; and WHEREAS, such Capital Improvements Advisory Committee is to serve in an advisory capacity and is established to: (1)advise and assist the City Council in adopting land use assumptions; (2)review the capital improvements plans and file written comments; (3)monitor and evaluate implementation of the capital improvements plan; (4)file semiannual reports with respect to the progress of the capital improvements plan and report to the political subdivision any perceived inequities in implementing the plan or imposing the impact fee; and (5)advise the City Council of the need to update or revise the land use assumptions, capital improvements plan, and impact fee. WHEREAS, the City Council desires that the Planning and Zoning Commission of the City of Denton, Texas, consisting of seven (7) members, act as the advisory committee since the Commission has more than one (1) representative of the real estate, development, or building industry who are not employees or officials of a political subdivision or governmental entity; which Commission shall constitute a portion of the membership of the Capital Improvements Advisory Committee as provided by law; and WHEREAS, the City Council desires that any authorized impact fees be applied in the extraterritorial jurisdiction of the City of Denton, Texas; therefore one (1) additional ad hoc voting member of the Capital Improvements Advisory Committee must be selected from the extraterritorial jurisdiction of the City of Denton; and NOW THEREFORE: THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitations set forth which are set forth above in this Ordinance are expressly incorporated by reference herewith, as if made a part of this Ordinance. SECTION 2. The City Council hereby establishes the Denton Capital Improvements Advisory Committee pursuant to Texas Local Government Code §395.058 as a prerequisite of authorizing impact fees. SECTION 3. The Denton Capital Improvements Advisory Committee sometimes referred to as the “Advisory Committee” shall consist of eight members; seven shall consist of the members of the City of Denton Planning and Zoning Commission and one shall be appointed ad hoc from the extraterritorial jurisdiction of the City of Denton, Texas. All eight (8) members of the Advisory Committee shall be voting members thereof. The terms of the members shall parallel those terms of the City of Denton Planning and Zoning Commission, except that the ad hoc member from the extraterritorial jurisdiction of the City of Denton shall serve a term of two (2) years and shall be appointed in odd-numbered years. , SECTION 4: Dr. Ken Dicksonas a person residing in the extraterritorial jurisdiction of the City of Denton, Texas, is well-qualified to serve, and is hereby accordingly appointed as an ad hoc voting member of the Advisory Committee. SECTION 5. It is understood that the ad hoc member from the extraterritorial jurisdiction of this city, appointed in Section 3 above, shall have no authority to serve or deliberate as a member of the Planning and Zoning Commission of the City of Denton, and shall serve only as a member of the Advisory Committee. SECTION 6. The duties of the Advisory Committee shall consist of the requirements listed in Texas Local Government Code §395.058(c) and (d) as currently written, and any other duties as may be required by amendment of that statute. SECTION 7. The City Council hereby designates procedural rules for the Advisory Committee to follow in carrying out its duties by requiring the Capital Improvements Advisory Committee to follow the City Council Rules of Procedure as set forth in Ordinance No. 2011- st 038, enacted on the 1 day of March, 2011,and as amended in the future, hereby adopting those procedural rules as the rules of the Advisory Committee. SECTION 8. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _____ day of March, 2013. __________________________________ MARK A. BURROUGHS, MAYOR 2 ATTEST: JENNIFER WALTERS, CITY SECRETARY By: _________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: _________________________________ 3 AGENDA INFORMATION SHEET AGENDA DATE: March 19, 2013 DEPARTMENT: Water Utilities ACM: Howard Martin, 349-8232 ______________________________________________________________________________ SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, accepting that certain Special Warranty Deed, from Robson Denton Development, LP, an Arizona Limited Partnership, conveying certain lands located in the C. Manchaca Survey, Abstract No. 789, also known as Lot 1, Block A, City of Denton Water Plant, certain real property located in Denton County, Texas, according to the Conveyance Plat thereof, recorded under Document No. 2013-049, Plat Records of Denton County, Texas (The “Lands”), and being generally located on the north side of Lively Road approximately one half mile east of Seaborn Road; and providing for an effective date. BACKGROUND The subject tract is necessary to provide land for locating future public water supply facilities and improvements. The proposed tract conveyance by Robson Denton Development, LP, is a component of the Agreement regarding utility services to the overall Robson Ranch development. An elevated water storage tank is required to provide adequate water system pressure and fire protection to the Robson Ranch development, as well as the overall system growth requirements on the City of Denton’s southwest upper pressure plane water distribution system, the Texas Natural Resource Conservation Commission Rules and Regulations for Public Water Supply Systems (Section 290.45), and the fire flow requirements of the City of Denton’s Development Code, and the uniform Fire Code. The project is a part of the water department’s overall strategic plan, the City of Denton 2013-2017 CIP Improvements Projects, and is due to start construction in September of this year. OPTIONS 1.Approve the proposed Ordinance. 2.Decline to approve the proposed Ordinance. 3.Table for future consideration. RECOMMENDATION Recommend approval of the Ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) PUB March 11, 2013 FISCAL INFORMATION The project will be funded by Utility Bonds BID INFORMATION Not applicable EXHIBITS 1.Location Map 2.Ordinance 3.CIP Funding Outline Respectfully submitted, Tim Fisher, Division Manager Water Administration Prepared by, Pamela England, Real Estate Specialist EXHIBIT 1 ROBSON RANCH ELEVATED STORAGE TANK SITE FM 2449 LIVELY RD VICINITY MAP LIVELY RD ¯ EXHIBIT 2 EXHIBIT 3 AGENDA INFORMATION SHEET AGENDA DATE: March 19, 2013 DEPARTMENT: Airport ACM: Jon Fortune ______________________________________________________________________________ SUBJECT Consider adoption of an ordinance authorizing the City Manager or his designee to execute, for and on behalf of the City of Denton, Texas, an Amendment of Temporary Lease ated effective December 28, 2012, by and between City and Tenant, leasing to Tenant a 147.85 acre tract, more or less, located in the D. Davis Survey, Abstract No. 356, Denton County, Texas, as more particularly ), said Real Property being generally located along the west side of Tom Cole Road, across from the Denton Municipal Airport, said Amendment, among other terms, extending the term of, and amending the rent payable under, the Temporary Lease; authorizing the City Manager to execute the Amendment of Temporary Lease; providing a savings clause; and providing an effective date. BACKGROUND In accordance with the Denton Municipal Airport business plan and long-term development initiatives, the City of Denton acquired 148.43 acres of land situated on the west side of the existing Airport grounds. That transaction closed in December of 2012. The property owner, Billie Glosser, executed a temporary lease-back for a period for 90 days after closing, to provide a reasonable time for relocation of the horses and ranch operations, as well as her personal residential move. Ms. Glosser has requested an extension of the lease for an additional 30 days to allow her to finalize her relocation efforts. Staff recommends approval of the ordinance. OPTIONS 1.Approve the proposed Ordinance. 2.Decline to approve the proposed Ordinance. 3.Table for future consideration. RECOMMENDATION Recommend approval of the Ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) January 3, 2012 City Council Airport Committee January 10,2012 City Council Meeting July 25, 2012 - Airport Advisory Board October 12, 2012 City Council Meeting Agenda Information Sheet March 19, 2013 Page 2 FISCAL INFORMATION 00 The lease rate is Four Thousand Dollars and No/100 ($4,000.) per month. EXHIBITS 1.Location Map 2.Ordinance Respectfully submitted, Quentin Hix, Prepared by, Director of Aviation Pamela England, Real Estate Specialist AGENDA INFORMATION SHEET AGENDA DATE: March 19, 2013 DEPARTMENT: Finance ACM: Bryan Langley SUBJECT Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the Unreserved Fund Balance of the General Fund with General Obligation Bonds with an aggregate maximum principal amount not to exceed $4,000,000 to construct and improve streets pursuant to the bond proposition approved by voters in November 2012; and providing an effective date. BACKGROUND On November 6, 2012, the Streets Bond Program was passed by Denton voters. This program consists of 211 segments of roadway in the City of Denton that are being scheduled for reconstruction. Staff has developed a tentative while accounting for factors such as conflicts with planned utility projects. Staff wants to emphasize that this is a tentative plan and that factors are sure to come up that will necessitate changes. The City of Denton will be utilizing $4,000,000 in General Obligation Bonds (GOs) to construct and improve streets pursuant to the bond proposition approved by voters in November 2012. Initially, these funds will be provided by the Unreserved Fund Balance of the General Fund and will be reimbursed with GOs sold in Fiscal Year 2012-13. It is anticipated that the GOs will be sold in April 2013. PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISIONS) On Mar tentative first year project list. FISCAL INFORMATION This ordinance will allow $4,000,000 from the General Fund Unreserved Fund Balance to be expended and subsequently reimbursed with GOs. EXHIBITS 1. Ordinance Respectfully submitted: Chuck Springer Director of Finance AGENDA INFORMATION SHEET AGENDA DATE: March 19, 2013 DEPARTMENT: Human Resources ACM: Bryan Langley SUBJECT Consider adoption of an ordinance approving a salary increase for Anita Burgess under the performance review provision of her employment agreement with the City; authorizing the expenditure of funds; and providing an effective date. BACKGROUND On February 4, 2013, the Council reviewed the accomplishments and goals of the City Attorney in a closed meeting. During a subsequent meeting on March 5, 2013, the Council discussed providing a 2% increase to base pay for the City Attorney as a result of her performance, retroactive to October 1, 2012. The attached ordinance authorizes this recommendation. OPTIONS Approve the ordinances as proposed, not approve the ordinances, or make modifications . EXHIBITS Ordinance Approving Salary Increase for Burgess Respectfully submitted: ______________________________ Carla Haggmark-Romine Director of Human Resources AGENDA INFORMATION SHEET AGENDA DATE: March 19, 2013 DEPARTMENT: Human Resources ACM: Bryan Langley SUBJECT Consider adoption of an ordinance approving a salary increase for George C. Campbell under the performance review provision of his employment agreement with the City; authorizing the expenditure of funds; and providing an effective date. BACKGROUND On February 12, 2013, the Council reviewed the accomplishments and goals of the City Manager in a closed meeting. During a subsequent meeting on March 5, 2013, the Council discussed providing a 2% increase to base pay for the City Manager as a result of his performance, retroactive to October 1, 2012. The attached ordinance authorizes this recommendation. OPTIONS Approve the ordinances as proposed, not approve the ordinances, or make modifications . EXHIBITS Ordinance Approving Salary Increase for Campbell Respectfully submitted: ______________________________ Carla Haggmark-Romine Director of Human Resources AGENDA INFORMATION SHEET AGENDA DATE: March 19, 2013 DEPARTMENT: Human Resources ACM: Bryan Langley SUBJECT Consider adoption of an ordinance approving a salary increase for Robin A. Ramsay under the performance review provision of his employment agreement with the City; authorizing the expenditure of funds; and providing an effective date. BACKGROUND On February 4, 2013, the Council reviewed the accomplishments and goals of the Municipal Court Judge in a closed meeting. During a subsequent meeting on March 5, 2013, the Council discussed providing a 2% increase to base pay for the Municipal Court Judge as a result of his performance, retroactive to October 1, 2012. The attached ordinance authorizes this recommendation. OPTIONS Approve the ordinances as proposed, not approve the ordinances, or make modifications . EXHIBITS Ordinance Approving Salary Increase for Ramsay Respectfully submitted: ______________________________ Carla Haggmark-Romine Director of Human Resources AGENDA INFORMATION SHEET AGENDA DATE: March 19, 2013 DEPARTMENT: Economic Development ACM: John Cabrales SUBJECT Consider appointment of board members for Tax Increment Financing Zone Number One (Downtown TIF). BACKGROUND On December7, 2010, City Council adopted an ordinance creating the Tax Increment Financing Reinvestment Zone Number One (Downtown TIF). On February 1, 2011, City Council appointed the TIF Board Members. Board membership is structured as follows: Two Members shall be City Council Members Two Members shall be either property owners or residents from within the zone Two Members shall be either business owners from within the zone or Chamber of Commerce members and One Member has no specific category, but must be a qualified voter in the City of Denton. The initial TIF Board Members were appointed at the same time and may serve three, two year terms. The members drew lots at their first meeting to determine who would serve one or two year terms to avoid all the terms expiring at the same time. All subsequent appointments or reappointments will serve two year terms. The three positions that drew a one year term were reappointed to a standard two year term in 2012. The four positions that drew a two year term are currently eligible for reappointment: James King, Virgil Strange, Hank Dickenson and Harold Strong and all have expressed an interest in serving another two year term, if it pleases the City Council. Staff recommends reappointment of these four Board Members, unless the City Council has other recommendations to bring forward. Current TIF Board Members are as follows: Agenda Information Sheet March 19, 2013 Page 2 TIF Board Member Category Pete Kamp City Council James King City Council Bob Moses Property Owner Virgil Strange Property Owner Marty Rivers Chamber of Commerce Hank Dickenson Chamber of Commerce Harold Strong Qualified Voter Prepared by: _________ Julie Glover, Economic Development Program Administrator Respectfully Submitted, ______________________________ Aimee Bissett, Director EconomicDevelopment AGENDA INFORMATION SHEET AGENDA DATE: March 19, 2013 DEPARTMENT: City Manager’s Office ACM: John Cabrales, Jr. SUBJECT Consider approval of a resolution of the City of Denton, Texas, supporting House Bill 738, rd recently introduced in the 83 Texas Legislature, relating to the review by a county commissioner’s court of the creation of a proposed municipal utility district (MUD) within a city’s extraterritorial jurisdiction; and providing and effective date. BACKGROUND Representative Myra Crownover of Denton filed HB 738 on January 28, 2013, relating to the review of the creation of certain proposed municipal utility districts (MUD) by county commissioners courts. The bill would provide the county authority to review and submit comments to the Texas Commission on Environmental Quality regarding the petition of a MUD entirely within a city’s extraterritorial jurisdiction (ETJ). This authority is currently permitted only on petitions for MUDs in unincorporated areas of the county or for MUDs of which a part is in the City’s ETJ. Of the versions that are being presented to City Council, version 5 of Exhibit 1 is the most recent and was drafted by Commissioner Coleman following discussions with City staff and Representative Crownover’s chief of staff. This version will be the committee substitute offered by Representative Crownover when the bill is set for hearing. Bill History: Filed by Rep. Myra Crownover, 1-28-13 Introduced and referred to committee on House Special Purpose Districts, 2-18-13 EXHIBITS 1.HB 738 as filed, and four additional draft bills as proposed by City staff and Commissioner Hugh Coleman (5 bills total). 2.Resolution Respectfully submitted: ___________________________ Lindsey Baker Assistant to the City Manager AGENDA INFORMATION SHEET AGENDA DATE: March 19, 2013 DEPARTMENT: City Manager’s Office ACM: John Cabrales, Jr. SUBJECT Consider approval of a resolution of the City of Denton, Texas, opposing House Bill 1496, rd recently introduced in the 83 Texas Legislature, relating to the applicability of the Private Real Property Rights Preservation Act to certain governmental actions relative to oil and natural gas drilling activities; and providing an effective date. BACKGROUND City Council passed the 2013 Legislative Program on December 18, 2012, which directs staff to advocate for and against legislation that would impact Denton. Per the legislative program, Council issued the following statement and direction to staff regarding gas well drilling: Support legislation that would allow local governments to enact ordinances relating to health and safety regulations as applied to gas drilling and production activities. Representative Van Taylor of Plano filed HB 1496 on February 19, 2013, the caption of which states: "relating to governmental actions affecting private property rights in certain oil and gas wells," which is contrary to Council's policy statement above. Of note, this bill: adds the development of mineral rights to the list of protected private property rights; proposes to protect against a city regulation that “has the effect of preventing or prohibiting the development of an oil or gas well that has been permitted by the Texas Railroad Commission under Chapter 91, Natural Resources Code;" and continues to allow municipalities to address visual aesthetics, noise abatement, and hours of operation. Bill History: Filed February 19, 2013, by Representative Van Taylor. Referred to the House Energy Resource Committee on February 25, 2013. Correctively referred to the House Land and Resource Management Committee on March 3, 2013. Agenda Information Sheet March 19, 2013 Page 2 EXHIBITS 1. Texas Municipal League email to City staff 2. Resolution Respectfully submitted: ___________________________ Lindsey Baker Assistant to the City Manager Exhibit1 TML email to City staff: House Bill 1496 would make a city regulation that damages, destroys, impairs, or prohibits development of a mineral interest subject to the Private Real Property Rights Preservation Act (Act). (It may allow reasonable noise, aesthetic, and hours of operation requirements.) The Act concerns certain regulations proposed by state and certain other political subdivisions (excluding cities). It requires that the state or certain political subdivisions consider whether a proposed regulation might be a “taking” of private real property and defines a taking as an action that would reduce the value of property by more than twenty-five percent. That definition is drastically different than both the Texas and United States Supreme Courts’ definition of a “taking” as applied to cities. Cities are exempt from the law as a matter of public policy and should remain so. Do you want gas wells But the above is simply technical, legal jargon. The real question is: next to the local school playground where your children play, or perhaps in your backyard ? The passage of H.B. 1496 could result in exactly that. How? If a city ordinance prohibits the drilling of an oil or gas well within a certain distance of a home or school, a landowner could bring a claim under the bill. The city would then have three choices: (1) pay the landowner for the money he thinks he could have made from the well; (2) waive the regulation and allow a gas well in the playground of a school or in your backyard; or (3) pay attorneys to litigate the claim. This type of law is commonly known as a “pay or waive” law. Experience with similar laws in other states has shown that cities certainly don’t have the money to pay for claims or litigate multiple cases. So what will cities do under the bill? Waive their drilling ordinance requirements. That means that oil and gas wells will be permitted essentially anywhere in the city. That is bad public policy because people move to cities with the expectation that their property will be protected for the good of their property values. This bill would obliterate the protections that homeowners sought when they moved to a city. It sure would be difficult to sell your house if there is a massive derrick erected up against your back fence that creates noise, dust, truck traffic, and the possibility of an explosion. Mineral interests are a large part of the Texas economy, but the ability of cities to protect the health and safety of their citizens through thoughtful regulations keeps Texas an attractive and safe place to live. H.B. 1496 would eradicate that authority, and perhaps the safety and value of where you live. Exhibit2 AGENDA INFORMATION SHEET AGENDA DATE: March 19, 2013 DEPARTMENT: Planning and Development ACM: John Cabrales SUBJECT - Country Club Road Tract (CA12-0005) Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, e designation; on approximately 34.04 acres of land located on the east side of Country Club Road (FM 1830), between Ryan Road to the north and Hickory Creek Road to the south, in the City of Denton, Denton County, Texas; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability clause and an effective date. (CA12-0005) The Planning and Zoning Commission recommends approval (7-0). BACKGROUND The City Manager has authorized the initiation of a Future Land Use map amendment of the Comprehensive Plan on approximately 34.04 acres of land to change the future land use designation from Community Mixed Use Centers to Neighborhood Centers. In conjunction with the Comprehensive Plan Amendment, the applicant is requesting the rezoning (Z12-0005) of the subject site from a Community Mixed Use General (CM-G) zoning district to a Neighborhood Residential 4 (NR-4) zoning district. The Comprehensive Plan Amendment must be approved by City Council prior to consideration of the rezoning request. The property is currently undeveloped but is used for agricultural purposes. Prior to the city- wide rezoning in 2002, the property was zoned Agricultural District (A). The property is not platted; prior to development and issuance of any building permits, preliminary and final platting will be required. If the Comprehensive Plan Amendment and rezoning requests are approved, the applicant has indicated a desire to develop the area into a 120 lot single-family subdivision. Staff sent seven certified notices of the public hearing to property owners within 200 feet of the subject property and five courtesy notices to residents/property owners within 500 feet of the property. As of this writing, staff has received five letters in favor of the request from property owners within 200 feet of the site (See Exhibit 7). PRIOR ACTION/REVIEW On January 23, 2013, the Planning and Zoning Commission recommended approval to forward this item to the City Council for consideration. Agenda Information Sheet March 19, 2013 Page 2 OPTIONS 1.Approve. 2.Approve subject to conditions. 3.Deny. 4.Postpone consideration. 5.Table item. RECOMMENDATION APPROVAL The Planning and Zoning Commission recommended of CA12-0005 (7-0). DENIAL The Development Review Committee (DRC) recommends of CA12-0005. EXHIBITS 1. Development Review Committee Staff Report 2. Site Location/Aerial Map 3. Existing Zoning Map 4. Proposed Zoning Map 5. Existing Future Land Use Map 6. Proposed Future Land Use Map 7. Notification Map and Responses 8. Initiation of Comprehensive Plan Amendment from City Manager 9. 10. 11. Site Photos 12. January 23, 2013, Planning and Zoning Commission Meeting Minutes 13. Ordinance Respectfully submitted: Brian Lockley, AICP, CPM Planning and Development, Director Prepared by: Michael J. Bell Associate Planner Exhibit 1 CITY OF DENTON DEVELOPMENT REVIEW COMMITTEE STAFF REPORT P&Z Date: January 23, 2013 TYPE:Comprehensive Plan Amendment CC Date: March 19, 2013PROJECT #: CA12-0005 Project Number: CA12-0005,Country Club RoadTract Request: Amendthe Future Land Use map of the Comprehensive Plan on approximately 34.04 acres of land, from a Community Mixed Use Center to a Neighborhood Centersfuture land use designation. Applicant: Bob Shelton Enterprises 2308 Ranch House Dr. Denton, TX 76210 Owner: Estate of Gordon Fry 1716 Cordell St. Denton, TX 76201 Location: The property is located on the east side of Country Club Road, approximately 2,000 feet south of Ryan Road, and approximately 600 feet north of Hickory Creek Road. Size: 34.04acres +/- Existing Zoning Community Mixed Use General (CM-G) Designation(s): Proposed Zoning Neighborhood Residential 4 (NR-4) Designation(s): Existing Future Land Community Mixed Use Center Use Designation: Proposed Future Land Neighborhood Centers Use Designation: Case Planner: Michael J. Bell Recommendation: The Planning and Zoning Commission recommends approval of the request (7-0). Development Code/ ZoningAnalysis The applicant is proposing to rezone approximately 34.04acresfrom CM-G to NR-4, which requiresa Comprehensive Plan amendment. The applicant has indicated a desire to develop the area into a 120 lot single-family subdivision. The tablesbelow summarize the permitted uses and general regulations of the existing zoning district of CM-Gand the proposed zoning district of NR-4. The highlighted portions show differences between the two zoning districts: P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 and the limitations are listed below: NR-4 Residential Land Use CategoriesCM-G (Proposed) AgriculturePP LivestockL(7)L(7) Single FamilyDwellingsNP SUP Accessory Dwelling UnitsN L(1) Attached Single Family DwellingsNSUP Dwellings Above BusinessesPN Live/Work UnitsPN DuplexesNL(3) Community Homes For the DisabledPP Group HomesNN L(6) Multi-Family DwellingsN &L(4) Fraternity or Sorority HouseNN DormitoryNN Manufactured Housing DevelopmentsNN NR-4 Commercial Land Use CategoriesCM-G (Proposed) Home OccupationNP Sale of Products Grown on SiteNN HotelsPN MotelsPN Bed and BreakfastPN Retail Sales and ServicePN Movie TheatersSUPN Restaurant or Private ClubPN Drive-through FacilityPN Professional Services and OfficesPN Quick Vehicle ServicingPN Vehicle RepairPN Auto and RV SalesPN Laundry FacilitiesPN Equestrian FacilitiesNN Outdoor RecreationPP Indoor RecreationPN Conference/Convention CentersPN Major Event EntertainmentSUPN Commercial Parking LotsPN Administrative or Research FacilitiesPN Broadcasting of Production StudioPN Sexually Oriented BusinessNN Temporary UsesL(38)L(38) NR-4 Industrial Land Use CategoriesCM-G (Proposed) Printing / PublishingPN BakeriesPN Manufacture of Non-odoriferous FoodsNN Feed LotsNN Food ProcessingNN Light ManufacturingNN Heavy ManufacturingNN Wholesale SalesNN Wholesale NurseriesNN Distribution Center/Warehouse, GeneralNN Warehouse, RetailNN Self-service StorageNN Construction Materials SalesNN Junk Yards and Auto WreckingNN Wrecker Services and Impound LotsNN KennelsNN Veterinary ClinicsPN Sanitary Landfills, Commercial NN Incinerators, Transfer Stations SUPSUP Gas Wells L(27)L(27) NR-4 Institutional Land Use CategoriesCM-G (Proposed) Basic UtilitiesPL(25) Community ServicePN Parks and Open SpacePP ChurchesPP Semi-public, Halls, Clubs, and LodgesPSUP Business / Trade SchoolPN Adult or Child Day CarePSUP Kindergarten, Elementary SchoolPSUP Middle SchoolPN High SchoolPN CollegesNN HospitalNN Elderly HousingPN Medical CentersNN CemeteriesPN MortuariesSUPN WECS (Free-standing Monopole Support SUPSUP Structure) WECS (Building-mounted)SUPSUP Limitations L(1) = Accessory dwelling units are permitted, subject to the following additional criteria: 1. The proposal must conform with the overall maximum lot coverage and setback requirements of the underlying zone. 2. The maximum number of accessory dwellingunits shall not exceed 1 per lot. 3. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, and shall not exceed 1000 sq. ft. GHFA unless the lot meets the requirements of L(1).5. 4. One additional parking space shall be provided that conforms to the off-street parking provisions of this Chapter. 5. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, where the lot size is equal to or greater than ten acres in size. An SUP is not required for such an accessory residential structure where the lot size is equal to or greater than ten acres. L(3) = In part of a subdivision of 2 acres or more, up to 2 units may be attached by a common wall if the lots which contain the attached structures do not abut the perimeter lot lines of a subdivision, the individual common wall units are on separatelots designed to be sold individually, and they comply with the Subchapter 13. Additionally, units must have the appearance of a single family residence from the street. L(4) = Multi-family is permitted only: 1.With a Specific Use Permit; or 2.As part of a Mixed-Use Development; or 3.As part of a Master Plan Development, Existing;or 4.If the development received zoning approval allowing multi-family use within one year prior to the effective date of Ordinance No. _2005-224; or 5.If allowed by a City Council approved neighborhood (small area) plan. nd L(6) =Permitted only on 2story and above, when an office, retail, or other permitted commercial use is on the ground floor along any avenue, collector, or arterial street, otherwise office or retail uses are not required. L(7)= Limited to two (2) animals on parcels one (1) to three (3) acres in size. Additional animals may be added at a rate of one per each acre over three. L(25) = If proposed use is within 200 feet of a residential zone, approval is subject to a Specific Use Permit. L(27) = Must comply with the provisions of Subchapter 19, Gas Well Drilling and Production. L(38) = Must meet the requirements of Section 35.12.9. The NR-4 zoning district is a Neighborhood Residential zoning district, which permits most residential uses; whereas the CM-G zoning district provides more commercial uses such as shopping, services, recreation, employment and institutional facilities designed to support the surrounding community. The two zoning districts differ in the general regulations. For example, within the NR-4 zoning district, the maximum density (dwelling units per acre) allowed is 4 dwelling units per acre. There is no allowable density within the CM-G zoning district; however, the maximum Floor Area Ratio (FAR)is 1.5. The table below summarizes the general regulations of the existing zoning district of CM-G and the proposed zoning district of NR-4. NR-4 General RegulationsCM-G (Proposed) Minimum lot area (square feet) 2,5007,000 Minimum lot width 50 feet50 feet Minimum lot depth 50 feet80 feet Minimum front yard setback None20 feet Minimum side yard None6 feet Minimum side yard adjacent to a street None10 feet Minimum rear yard None10 feet Maximum lot coverage 80%60% Minimum landscaped area20%40% Maximum building height 65 feet40 feet Maximum WECS height 75 feet55 feet In the NR-4 zoning district, the general regulations are more restrictive compared to the existing CM-G zoning district’s general regulations. For example, in the NR-4 zoning district the minimum front yard setback is 20 feet, the minimum side yard is 6 feet, and the minimum side yard adjacent to a street is 10 feet; whereas in the CM-G zoning district there is no minimum front yard setback, side yard or minimum side yard adjacent to a street. The maximum lot coverage in the NR-4 zoning district is 60% and within the CM-G zoning district is 80%. Section 35.3.3.B.2, Approval Criteria of a Comprehensive Plan Am The application shall address the impact of the proposed change on the following: a. The Goals and Objectives of the Denton Plan; A Residential Land Use Location Strategy in the Denton Plan is to “encourage all new development to be contiguous to existing development.” The areas directly adjacent to the site are currently undeveloped. An aspect of Growth Management from the Denton Plan is to “locate parks and institutional uses as required to support future residential development. These uses will be located in a manner that encourages developing a sense of community within neighborhoods. The layout of neighborhoods should incorporate these facilities, with strong pedestrian links from the surrounding neighborhoods, and with links to the city’s regional pedestrian and transportation system.”Any conventional, residential subdivision would be encumbered by barriers to pedestrian access of parks and other public facilities in the future. b. The Future Land Use element of the Denton Plan; The Denton Plan requires that distribution of various types of uses be present in well- located settings. It is staff’s opinion that the property in question will be unsuitable for conventional neighborhoods once the Roadway Mobility Plan is implemented inthe surrounding area. According to the Mobility Roadway Plan, Hickory Creek Road, which will run along the southern boundary of the proposed neighborhood, is planned to be built as a six-lane, primary arterial. Country Club Road (FM 1830), which forms the neighborhood’s western boundary, is planned to become a four-lane, secondary arterial. These arterial streets, in combination with the existing railroad to the east, would enclose the neighborhood and create substantial barriers to pedestrian connectivity to neighborhood amenities, such as parks. The subject property’s unique position between arterials streets and a railroad make the area more suitable for commercial development over single-family residential development. According to the Denton Plan, Community Mixed Use Centers should be up to 30 acres in land area and serve up to 8 square miles. The subject property’s 34.04 acresis generally the appropriate size for a Community Mixed Use Center and is beyond the 8 square mile reach of other Community Mixed Use Centers in the surrounding area. c. The balance of land uses in the City; The balance of land uses in the City will shift from potential commercial use to single family use. d. Adequate Public Facility elements of the Denton Plan and how the proposed change will affect the provision of the services anticipated in the Denton Plan; The availability of adequate public facilities will be thoroughly evaluated during the platting process. However, staff hasindicated thatexisting facilities are adequate to serve the proposed development. Section 35.3.3.B.3, Further Approval Criteria: a.The existing land use pattern surrounding the property and the possible impact on existing or future development or uses that are in accordance with existing regulations; b. The possible creation of an isolated district unrelated to adjacent and nearby districts; c. The population density in order to facilitate the adequate provision of transportation, water, sewer, schools, parks, public convenience and other public requirements; d. The cost to the City and other governmental entities in providing, improving, increasing or maintaining public utilities, schools, streets and other public safety measures; e. The possible impact on the environment, including but not limited to drainage, soil erosion and sedimentation, flooding, air quality and water quantity; f. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning or that proposed by the Future Land Use Map; and g. The action shall be made with reasonable consideration of the character of the district and its peculiar suitability for particular uses, and with a view of conserving the value of buildings and encouraging the most appropriate use ofland throughout the City. Findings of Fact 1.The request is for a Comprehensive Plan amendment on approximately 34.04 acres located in a Community Mixed Use General (CM-G) zoning district. 2.The current future land use category on the property is Community Mixed Use Center. The applicant proposes to amend the future land use category to Neighborhood Centers to facilitate a rezoning from CM-G to Neighborhood Residential 4 (NR-4). 3.Prior to the 2002 city-wide rezoning, the site was zoned Agricultural District (A). 4.The site is currently zoned CM-G. 5.According to the Denton Plan, the focus area of a Community Mixed Use Center contains the shopping, services, recreation, employment, and institutional facilities that are required and supported by the surrounding community. Thus, a community activity center could contain a supermarket, drug store, specialty shops, service stations, one or more large places of worship, a community park, midsize offices, employers, high-to- moderate density housing, and perhaps an elementary or middle school. 6.Characteristics of Community Mixed Use Centers include (A) typical land are of up to 30 acres, (B) typical service area & population of up to 8 square miles and 40,000 people, and (C) typical retail tenantsof specialty, grocery, drug, and hardware stores. 7.According to the Denton Plan, Neighborhood Centers allow new neighborhoods to develop in traditional patterns within the undeveloped urban and urbanized areas of the city. Mixed-use and mixed housing types will be allowed to develop in a pattern of “neighborhood centers”. These are oriented inwardly, focusing on the center of the neighborhood. These neighborhoods exemplify the interrelationship between quality of development, density, services and provision for adequate facilities. These developments should locate the center of the neighborhood within a five to ten minute walking distance from the edge of the neighborhood. The center contains uses necessary to support the surrounding neighborhood. These support services could include service oriented retail such as a small grocery, hair salon, dry cleaner or small professional offices. Residential uses may occur at higher densities with townhomes or residential flats above service-oriented uses. Open space occurs in neighborhood centers with park uses including central neighborhood “greens and floodplain preservation. Civic uses such as fire stations, schools, libraries, and mass transportation nodes are encouraged to be essential elements of neighborhood centers as landmarks that are a focus to the neighborhood. Limited multistory development in the neighborhood may be developed to incorporate shops on the ground floor and offices or residences on the upper floors. 8.An aspect of Growth Management from the Denton Plan is to “locate parks and institutional uses as required to support future residential development. These uses will be located in a manner that encourages developing a sense of community within neighborhoods. The layout of neighborhoods should incorporate these facilities, with strong pedestrian links from the surrounding neighborhoods, and with links to the city’s regional pedestrian and transportation system.” 9.A Residential Land Use Location Strategy in the Denton Plan is to “encourage all new development to be contiguous to existing development.” 10.The purpose of a Community Mixed Use Center is to provide convenience and comparative shopping for goods and services to an individual neighborhood as well as a number of nearby neighborhoods. 11.The purpose of the Neighborhood Residential land use is to preserve and protect existing neighborhoods and to ensure that any new development is compatible with existing land uses, patterns, and design standards. 12.The site is not platted. Preliminary andfinal platting is required prior to any additions/improvements to the property and prior to the issuance of building permits. 13.According to the Mobility Roadway Plan, Country Club Road is planned to be a four- lane Secondary Arterial. 14.According to the Mobility Roadway Plan, Hickory Creek Road is “Not Yet Built” and is planned to be a six-lane Primary Arterial. 15.The site is currently not platted and is developed with farm and ranch structures. 16.Land uses within ¼ mile radius of the site include approximately 168.17 acres; of which 159.82 acres are considered agricultural land; 2.181 acres are developed with commercial uses; 3.571 acres are developed with single-family homes and 2.60 acres of land remain undeveloped. 17.Adjacent zoning districts include CM-G to thenorth and south, Extraterritorial Jurisdiction (ETJ) to the west, and Neighborhood Residential 2 (NR-2) to the east. 18.The site has two Environmentally Sensitive Area (ESA) designations. An ESA Stream Buffer runs generally north to south along the site’s western property line. Generally covering the same area as the stream buffer is an ESA floodplain. The majority of the ESA floodplain is classified as developed, with a small southern portion classified as undeveloped floodplain. 19.Development of the ESAdesignated areas is subject to Sections 35.17.8 and 35.17.9 of DDC. 20.The Kansas City Southern Rail Line runs adjacent to the site’s eastern property line. 21.Water is available by connecting to an existing 12-inch main at the intersection of Ryan Road and Laurens’s Place and extending it either (A) westward along Ryan Road, then southward along Country Club Road to Applicant’s property, then through Applicant’s property to Applicant’s southeast property corner. Applicant shall acquire 20’ Public Utility Easements along Country Club Roadthrough the offsite properties, per DDC 35.21.4.A; or (B) via a cross-country alignment, starting at a point near the Ryan Road/Lauren’s Place intersection then running generally southward to the subject property. 22.Sewer is available via connecting to the existing 27-inch gravity main near the Applicant’s southwest property corner, and, per DDC 35.21.4.A, extending (A) an 8-inch gravity main generally northward to a point near the intersection of Applicant’s north property line and the creek, or (B) a 10-inch gravity main generally eastward to Applicant’s southeast property corner. Both mains shall be installed at maximum depth and minimum slope, to facilitate future service to upstream properties. 23.The existing 12-inch water main along Ryan Road, and the existing 27-inch gravity sewer main along Hickory Creek, each have sufficient available capacity to serve these projected demands. 24.Depending on growth, the City intends to replace this portion of the existing gravity along Hickory Creek Road. 25.There is offsite drainage runoff from the north that is required to be conveyed under fully developed conditions through this development. 26.There are no planned water or stormwater CIP projects near this area. 27.Country Club Road has the capacity to accommodate this development; however construction of right turn and/or left turn lanes may be required into the development pending a traffic impact analysis. 28.Country Club Road is a TXDOT owned and maintained roadway.Hickory Street is classified as an unimproved perimeter street and is required to be constructed along property frontage with 28-ft concrete pavement, curb and gutter and 5-ft sidewalk. 29.Based on trip generation calculations, a Traffic Impact Analysis (TIA) may be required. The TIA will determine if a right and/or left turn-lane into the development is required. 30.There are no planned CIP projects near this area. 31.A TxDOT permit is required for any construction within Country Club Road frontage. 32.Coordination with TxDOT is required to determine widening plans for Country Club Road. 33.The subject property is served by Cross Timbers Park (approximately 4300 feet east), Bent Creek Open Space (approximately 4,500 linear feet northwest),Lake Forest Park (approximately 4500 linear feeteast), and Southwest Park Open Space (approximately 1.55 miles west). 34.The proposed development will house an anticipated 336 new residents which will put increased demand on the City’s existing park infrastructure system.Due to its unique location it isdifficult to locate any facilities that are not encumbered by some type of pedestrian barrier. The subdivision is bordered on the north and the east by a rail road track, on the west by Country Club Road that has a speed limit in excess of 35 mph and on the south by Hickory Creek. Development Review Committee IS INCONSISTENT The Development Review Committee finds that the request with the IS INCONSISTENT general character of the areaandwith the Denton Plan, upon approval of a Comprehensive Plan amendment. Based on the findings-of-fact, the Development Review Committee (DRC) recommends DENIAL of CA12-0005: 1.The proposed Future Land Use map amendment to the Comprehensive Plan does not meet the description of Neighborhood Centers which allows for traditional patterns of development, including mixed-use and mixed housing types. That these centers are oriented inwardly and focus on the center of the neighborhood and provide an interrelationship between service oriented retail and residential uses occurring at higher densities with townhomes or residential flats above service-oriented uses. 2.The subject property is bordered to the west by a secondaryarterial (futurefour- lane) and to the south by a primaryarterial (futuresix-lane) and to the east bya railroad. The presence of these future thoroughfares acts as barriers to future residents’ pedestrian access to adjacent uses per the Growth Management Section of the Land Element. 3.A Residential Land Use Location Strategy for Neighborhood Centers in the Denton Plan is to “encourage all new development to be contiguous to existing development.” 4.An aspect of Growth Management from the Denton Plan is to “locate parks and institutional uses as required to support future residential development. These uses will be located in a manner that encourages developing a sense of community within neighborhoods. The layout of neighborhoods should incorporate these facilities, with strong pedestrian links from the surrounding neighborhoods, and with links to the city’s regional pedestrian and transportation system.” 5.With approval of a Comprehensive Plan Amendment to Neighborhood Centers and rezoning to Neighborhood Residential 4 (NR-4) the subject property will remain predominately surrounded by Community Mixed UseCenter and Community Mixed Use General (CM-G) on three sides, resulting in an isolated future land use designation and zoning district. 6.The subject property, as it exists today, is part of a larger Community Mixed Use Center that meets the minimum characteristics found within the Land Use section of the Land Element in the Denton Plan. These characteristics include that a Community Mixed Use Center include a typical service area and population of up to eight square miles and 40,000 people. There are no other Community Mixed Use Centers within the eight square miles surrounding the subject property. The subject property does not meet the typical service population of 40,000 now; however, as the city grows in a southerly direction, the Community Mixed Use Center will fill the role intended by the Denton Plan. GENERAL NOTES NOTE: Approval of this request shall not constitute a waiver or variance from any applicable development requirement unless specifically noted in the conditions of approval and consistent with the Denton Development Code. NOTE:All written comments made in the application and subsequent submissions of information made during the application review process, which are on file with the City of Denton, shall be considered to be binding upon the applicant, provided such comments are not at variance with the Denton Plan, Denton Development Code or other development regulations in effect at the time of development. Surrounding Zoning Designations and Current Land Use Activity: Northwest: North: Northeast: Community Mixed Use General Community Mixed Use General Neighborhood Residential 2 (NR-2) (CM-G)&Extra Territorial (CM-G)(Acreage with or without Jurisdiction (ETJ) (Commercial Usesand Agricultural Agricultural Use) (Agricultural and Single-Family Land) Uses) West:Subject PropertyEast: Neighborhood Residential 2 (NR-2) Community Mixed Use General & Extra Territorial Jurisdiction Extra Territorial Jurisdiction (ETJ) (CM-G)(ETJ) (Farm & Ranch Improvements) (Farm & Ranch Improvements)(Acreage with or without Agricultural Use & Industrial) Southwest: South:Southeast: Community Mixed Use General (CM-G) & Neighborhood Extra Territorial Jurisdiction (ETJ)Extra Territorial Jurisdiction (ETJ) Residential 2 (NR-2) (Farm & Ranch Improvements)(Farm & Ranch Improvements) (Acreage with or without Agricultural Use) Source: City of Denton Geographical Information System and site visit by City staff Existing Conditions: A.The Site is currently not platted and is developed with farm and ranch structures. B.Adjacent zoning districts include CM-G to the north and south, Extraterritorial Jurisdiction (ETJ) to the west, and Neighborhood Residential 2 (NR-2) to the east. C.Land uses within ¼ mile radius of the site include approximately 168.17 acres; of which 159.82 acres are considered agricultural land; 2.181 acres are developed with commercial uses; 3.571 acres are developed with single-family homes and 2.60 acres of land remain undeveloped. D.The Kansas City Southern Rail Line runs adjacent to the site’s eastern property line. Comprehensive Plan: The site is currently located withinaCommunity Mixed Use Centerfuture land use designation and is proposed to be changed to a Neighborhood Center. Community Mixed Use Center (Existing): According to the Denton Plan, the purpose of a Community Mixed Use Center is to provide convenience and comparative shopping for goods and services to an individual neighborhood as well as a number of nearby neighborhoods. The focus area of a Community Mixed Use Center contains the shopping, services, recreation, employment, and institutional facilities that are required and supported by the surrounding community. Thus, a community activity center could contain a supermarket, drug store, specialty shops, service stations, one or more large places of worship, a community park, midsize offices, employers, high-to-moderate density housing, and perhaps an elementary or middle school.” The typical land area of Community Mixed Use Center is up to 30 acres and should serve up to eight square miles and 40,000 people. The subject property is generally of the adequate size and location to meet these criteria as the city continues to grow. Staff believes changing the future land use designation for this property to Neighborhood Centerswould potentially remove one of the most viable areas for commercial development in SouthDenton in the coming decades. This recommendation is based on twoprimary factors: 1.According to the Mobility Plan, the intersection of Country Club Road and Hickory Creek Road is the most suitable for future commercial development. Country Club Road is planned to be a four-lane secondary arterial and Hickory Creek Road is planned to be a six-lane primary arterial. Other major intersections in the surrounding area contain only secondary arterials or collector streets. The only other primary arterial intersections are limited to commercial development by the Hickory Creek floodplain or are too far to serve the proposed neighborhood. This location might also alleviate the demand for Community Mixed Use Center services that are currently situated along IH-35E, thereby reducing traffic congestion in that area. 2.The area is not suitable for a conventional, single-family neighborhood. When combined with the two arterial streets,the railroad that runs along the subject property’s eastern boundary creates substantial barriers to pedestrian access. Residents of the proposed single family subdivision would have to cross several lanes of traffic or railroad tracks to walk to neighborhood amenities such as schools and parks. This is especially dangerous for children. Neighborhood Centers (Proposed): Neighborhood Centersare within the undeveloped urban and urbanized areas of the city, new neighborhoods may develop in traditional patterns. Mixed-use and mixed housing types will be allowed to develop in a pattern of “neighborhood centers”. These are oriented inwardly, focusing on the center of the neighborhood. These neighborhoods exemplify the interrelationship between quality of development, density, services and provision for adequate facilities. These developments should locate the center of the neighborhood within a five to ten minute walking distance from the edge of the neighborhood. The center contains uses necessary to support the surrounding neighborhood. These support services could include service oriented retail such as a small grocery, hair salon, dry cleaner or small professional offices. Residential uses may occur at higher densities with townhomes or residential flats above service-oriented uses. Open space occurs in neighborhood centers with park uses including central neighborhood “greens and floodplain preservation. Civic uses such as fire stations, schools, libraries, and mass transportation nodes are encouraged to be essential elements of neighborhood centers as landmarks that are a focus to the neighborhood. Limited multistory development in the neighborhood may be developed to incorporate shops on the ground floor and offices or residences on the upper floors. There is ample acreage already allocated for Neighborhood Centers surrounding the subject property. Zoning Allocation: This rezoning requestaffectsthe zoning allocation of the NR-4and CM-Gzoningdistricts throughout the City.Currently, there is approximately 4,831.83acres of land within the city that is zoned NR-4and approximately 1,125.16 acres are currently zoned CM-G. If the applicant’s request for rezoningis approved, the NR-4allocationwill increaseto approximately 4,865.87 acresand the CM-Gzoning district allocation would decreaseto approximately 1,091.12acres. Zoning Allocation Zoning District Current Allocation (acres) Proposed Allocation(acres) CM-G(Existing)1,125.161,091.12 NR-4(Proposed)4,831.834,865.87 Nearest Fire and EMS Station Approximate Distance Name of Station From Subject Property Fire/EMS Fire Station # 6(3232 Teasley Lane)± 3 miles Source: City of Denton GIS, Fire Department, and EMS Anticipated Water, Wastewater, and Stormwater Demand: A.Estimated Demand: Subject Property Estimated Impact Analysis 34.04 ± acres Proposed Demand Adequate to Serve (Yes or No) Permitted Density4 units/acreYes Potable Water Consumption (GPM)204 (peak)Yes Wastewater Generation (GPM)121 (peak)Yes Stormwater Demand (CFS)161.5 (peak)Yes B.Available Capacity: Water is available by connecting the existing 12-inch main at the intersection of Ryan Road and Lauren’s Place and extending it either: westwardalong Ryan Road, then southward along Country Club Road to the subject property, then through the subject property to subject property’s southeast corner. Applicant shall acquire 20 foot Public Utility Easements along Country Club Road through the offsite properties, per Subchapter 35.21.4.A of the DDC; or viaa cross-country alignment, starting a point near the Ryan Road/Lauren’s Place intersection then running generally southward to the subject property. The City would be willing to generatea Pro-Rata Agreement whereby the Applicant would be reimbursed the cost of the offsite portion of the proposed water main construction if and when the adjacent properties connect to it. The Pro-Rata Agreement would be subject to Public Utility Board and City Council approval. Sewer is available via an connecting to the existing 27-inch gravity main near subject property’s southwest corner, and, per Subchapter 35.21.4.A, extending 1) an 8-inch gravity main generally northward to a point near the intersection of subject property’s north property line and the creek, and 2) a 10-inch gravity main generally eastward to subject property’s southeast corner. Both mains shall be installed at maximum depth and minimum slope, to facilitate future service to upstream properties. The existing 12-inch water main along Ryan Road, and the existing 27-inch gravity sewer main along Hickory Creek, each have sufficient available capacity to serve these projected demands. Depending on growth, the City intends to replace thisportion of the existing gravity along Hickory Creek Road. There is offsite drainage runoff from the north that is required to be conveyed under fully developed conditions through this development. C.CIP Planned Improvements: There are no planned public potable water improvements in this area. Depending on growth, the City intends to replace aportion of the existing gravity sewer along Hickory CreekRoad. There are no planned public storm water improvements in this area. Roadways/Transportation Network: A. Estimated Demand: Subject PropertyEstimated Impact Analysis 34.04 ± acres Proposed Demand Adequate to Serve (Yes or No) Permitted Density 4units/acre Yes Average Annual Daily Trips 1,200Yes (AADT) PM Peak Hour Trips120Yes B.AvailableCapacity: Country Club Road has the capacity to accommodate this development;however,construction of right-turn and/or left-turn lanes may be required into the development pending a traffic impact analysis. C.Roadway Conditions: Country Club Road is a TxDOT owned and maintained roadway. Hickory Creek Road is classified as an unimproved perimeter street and is required to be constructed along property frontage with 28 ft. concrete pavement, curb and gutter, and 5 ft sidewalk. D.CIP Planned Improvements: There are no planned CIP projects in this area. Environmental Conditions: The site has two Environmentally Sensitive Area (ESA) designations. An ESA Stream Buffer runs generally north to south along the site’s western property line. Generally covering the same area as the stream buffer is an ESA floodplain. The majority of the ESA floodplain is classified as developed, with a small southern portion classified as undeveloped floodplain. Development of the ESA designated areas is subject to Sections 35.17.8 and 35.17.9 of DDC. Electric: Electric service will be provided by Denton Municipal Electric (DME). Parks: Name of park facilities currently serving the site: Cross Timbers Park –approximately 4300 feet east. Bent Creek Open Space –approximately 4,500 linear feet northwest. Lake Forest Park –approximately 4500 linear feet east. Southwest Park Open Space–approximately 1.55 miles west. Exhibit 2 Site Location/Aerial Map Exhibit 3 Existing Zoning Map Exhibit 4 Proposed Zoning Map Exhibit 5 Existing Future Land Use Map Exhibit 6 Proposed Future Land Use Map Exhibit 7 Notification Map & Responses Exhibit 8 Initiation of Comprehensive Plan Amendment from City Manager Exhibit9 Applicants Letter of Intent Exhibit 10 Applicants Zoning Exhibit Exhibit 11 Site Photos Looking north from southern driveway on Country Club Road Looking east from the southern driveway on Country Club Road Looking south from the southern driveway on Country Club Road Looking southwest from Country Club Road Exhibit 12 January 23, 2013, Planning and Zoning Commission Meeting Minutes Exhibit 13 Ordinance AGENDA INFORMATION SHEET AGENDA DATE: March 19, 2013 DEPARTMENT: Planning and Development ACM: John Cabrales SUBJECT Country Club Road Tract (Z12-0010) Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Community Mixed Use General (CM-G) zoning district and use classification to a Neighborhood Residential 4 (NR-4) zoning district and use classification on approximately 34.04 acres of land located on the east side of Country Club Road (FM 1830), between Ryan Road to the north and Hickory Creek Road to the south, in the City of Denton, Denton County, Texas; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability clause and an effective date. (Z12-0010) The Planning and Zoning Commission recommends approval (7-0). BACKGROUND The applicant is requesting the rezoning of the subject site from a Community Mixed Use General (CM-G) to a Neighborhood Residential 4 (NR-4) zoning district. A Comprehensive Plan Amendment must be approved by City Council prior to consideration of the rezoning request; therefore a Future Land Use amendment of the Comprehensive Plan (CA12-0005) to change the future land use designation on the subject property is also requested from a Community Mixed Use Center to a Neighborhood Centers future land use designation. The property is currently undeveloped but is used for agricultural purposes. Prior to the city- wide rezoning in 2002, the property was zoned Agricultural District (A). The property is not platted; prior to development and issuance of any building permits, preliminary and final platting will be required. If the Comprehensive Plan Amendment and rezoning requests are approved, the applicant has indicated a desire to develop the area into a 120-lot single-family home subdivision. Staff sent seven certified notices of the public hearing to property owners within 200 feet of the subject property and five courtesy notices to residents/property owners within 500 feet of the property. As of this writing, staff has received five letters in favor of the request from property owners within 200 feet of the site (See Exhibit 7). PRIOR ACTION On January 23, 2013, the Planning and Zoning Commission recommended approval to forward this item to the City Council for consideration. Agenda Information Sheet March 19, 2013 Page 2 OPTIONS 1.Approve 2.Approve subject to conditions 3.Deny 4.Postpone consideration 5.Table item RECOMMENDATION APPROVAL The Planning and Zoning Commission recommended of Z12-0010 (7-0). DENIAL The Development Review Committee (DRC) recommends of Z12-0010. EXHIBITS 1. Development Review Committee Staff Report 2. Site Location/Aerial Map 3. Existing Zoning Map 4. Proposed Zoning Map 5. Existing Future Land Use Map 6. Proposed Future Land Use Map 7. Notification Map and Responses 8. Applicant’s Letter of Intent 9. Applicant’s Zoning Exhibit 10. Site Photos 11. January 23, 2013, Planning and Zoning Commission Meeting Minutes 12. Ordinance Respectfully submitted: Brian Lockley, AICP, CPM Planning and Development, Director Prepared by: Michael J. Bell Associate Planner Exhibit 1 CITY OF DENTON DEVELOPMENT REVIEW COMMITTEE STAFF REPORT P&Z Date: January 23, 2013 TYPE:Rezoning CC Date: March 19, 2013 PROJECT #: Z12-0010 Project Number: Z12-0010, Country Club Road Tract Request: Rezoning of approximately 34.04 acresfrom a Community Mixed Use General (CM-G) to a Neighborhood Residential 4 (NR-4) zoning district. Applicant: Bob Shelton Enterprises 2308 Ranch House Dr. Denton, TX 76210 Owner: Estate of Gordon Fry 1716 Cordell St. Denton, TX 76201 Location: The property is located on the east side of Country Club Road, approximately 2,000 feet south of Ryan Road, and approximately 600 feet north of Hickory Creek Road. Size: 34.04acres +/- Existing Zoning Community Mixed Use General (CM-G) Designation: Proposed Zoning Neighborhood Residential 4 (NR-4) Designation: Existing Future Land Community Mixed Use Centers Use Designation: Proposed Future Land Neighborhood Centers Use Designation: Case Planner: Michael J. Bell Recommendation: The Planning and Zoning Commission recommends approval of this request (7-0). Development Code/ ZoningAnalysis The applicant is proposing to rezone approximately 34.04 acres from CM-G to NR-4, which requires a Comprehensive Plan amendment. The applicant has indicated a desire to develop the area into a 120 lot single-family subdivision. The tables below summarize the permitted uses and general regulations of the existing zoning district of CM-G and the proposed zoning district of NR-4. The highlighted portionsshow differences between the two zoning districts: P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 and the limitations are listed below: NR-4 Residential Land Use CategoriesCM-G (Proposed) AgriculturePP LivestockL(7)L(7) Single Family DwellingsNP SUP Accessory Dwelling UnitsN L(1) Attached Single Family DwellingsNSUP Dwellings Above BusinessesPN Live/Work UnitsPN DuplexesNL(3) Community Homes For the DisabledPP Group HomesNN L(6) Multi-Family DwellingsN &L(4) Fraternity or Sorority HouseNN DormitoryNN Manufactured Housing DevelopmentsNN NR-4 Commercial Land Use CategoriesCM-G (Proposed) Home OccupationNP Sale of Products Grown on SiteNN HotelsPN MotelsPN Bed and BreakfastPN Retail Sales and ServicePN Movie TheatersSUPN Restaurant or Private ClubPN Drive-through FacilityPN Professional Services and OfficesPN Quick Vehicle ServicingPN Vehicle RepairPN Auto and RV SalesPN Laundry FacilitiesPN Equestrian FacilitiesNN Outdoor RecreationPP Indoor RecreationPN Conference/Convention CentersPN Major Event EntertainmentSUPN Commercial Parking LotsPN Administrative or Research FacilitiesPN Broadcasting of Production StudioPN Sexually Oriented BusinessNN Temporary UsesL(38)L(38) NR-4 Industrial Land Use CategoriesCM-G (Proposed) Printing / PublishingPN BakeriesPN Manufacture of Non-odoriferous FoodsNN Feed LotsNN Food ProcessingNN Light ManufacturingNN Heavy ManufacturingNN Wholesale SalesNN Wholesale NurseriesNN Distribution Center/Warehouse, GeneralNN Warehouse, RetailNN Self-service StorageNN Construction Materials SalesNN Junk Yards and Auto WreckingNN Wrecker Services and Impound LotsNN KennelsNN Veterinary ClinicsPN Sanitary Landfills, Commercial NN Incinerators, Transfer Stations SUPSUP Gas Wells L(27)L(27) NR-4 Institutional Land Use CategoriesCM-G (Proposed) Basic UtilitiesPL(25) Community ServicePN Parks and Open SpacePP ChurchesPP Semi-public, Halls, Clubs, and LodgesPSUP Business / Trade SchoolPN Adult or Child Day CarePSUP Kindergarten, Elementary SchoolPSUP Middle SchoolPN High SchoolPN CollegesNN HospitalNN Elderly HousingPN Medical CentersNN CemeteriesPN MortuariesSUPN WECS (Free-standing Monopole Support SUPSUP Structure) WECS (Building-mounted)SUPSUP Limitations L(1) = Accessory dwelling units are permitted, subject to the following additional criteria: 1. The proposal must conform with the overall maximum lot coverage and setback requirements of the underlying zone. 2. The maximum number of accessory dwelling units shall not exceed 1 per lot. 3. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, and shall not exceed 1000 sq. ft. GHFA unless the lot meets the requirements ofL(1).5. 4. One additional parking space shall be provided that conforms to the off-street parking provisions of this Chapter. 5. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, where the lot size is equal to or greater than ten acres in size. An SUP is not required for such an accessory residential structure where the lot size is equal to or greater than ten acres. L(3) = In part of asubdivision of 2 acres or more, up to 2 units may be attached by a common wall if the lots which contain the attached structures do not abut the perimeter lot lines of a subdivision, the individual common wall units are on separate lots designed to be sold individually, and they comply with the Subchapter 13. Additionally, units must have the appearance of a single family residence from the street. L(4) = Multi-family is permitted only: 1.With a Specific Use Permit; or 2.As part of a Mixed-Use Development; or 3.As part of a Master Plan Development, Existing; or 4.If the development received zoning approval allowing multi-family use within one year prior to the effective date of Ordinance No. _2005-224; or 5.If allowed by a City Council approved neighborhood (small area) plan. nd L(6) = Permitted only on 2story and above, when an office,retail, or other permitted commercial use is on the ground floor along any avenue, collector, or arterial street, otherwise office or retail uses are not required. L(7)= Limited to two (2) animals on parcels one (1) to three (3) acres in size. Additional animals may be added at a rate of one per each acre over three. L(25) = If proposed use is within 200 feet of a residential zone, approval is subject to a Specific Use Permit. L(27) = Must comply with the provisions of Subchapter 19, Gas Well Drilling and Production. L(38) = Must meet the requirements of Section 35.12.9. The NR-4 zoning district is a Neighborhood Residential zoning district, which permits most residential uses; whereas the CM-G zoning district provides more commercial uses such as shopping, services, recreation, employment and institutional facilities designed to support the surrounding community. The two zoning districts differ in the general regulations. For example, within the NR-4 zoning district, the maximum density (dwelling units per acre) allowed is 4 dwelling units per acre. There is no allowable density within the CM-G zoning district; however, the maximum Floor Area Ratio (FAR) is 1.5. The table below summarizes the general regulations of the existing zoning district of CM-G and the proposed zoning district of NR-4. NR-4 General RegulationsCM-G (Proposed) Minimum lot area (square feet) 2,5007,000 Minimum lot width 50 feet50 feet Minimum lot depth 50 feet80 feet Minimum front yard setback None20 feet Minimum side yard None6 feet Minimum side yard adjacent to a street None10 feet Minimum rear yard None10 feet Maximum lot coverage 80%60% Minimum landscaped area20%40% Maximum building height 65 feet40 feet Maximum WECS height 75 feet55 feet In the NR-4 zoning district, the general regulations are more restrictive compared to the existing CM-G zoning district’s general regulations. For example, in the NR-4 zoning district the minimum front yard setback is 20 feet, the minimum side yard is 6 feet, and the minimum side yard adjacent to a street is 10 feet; whereas in the CM-G zoning district there is no minimum front yard setback, side yard or minimum side yard adjacent to a street. The maximum lot coverage in the NR-4 zoning district is 60% and within the CM-G zoning district is 80%. 1.The following rezoning conforms to the Future Land Use element o Plan. In conjunction with this rezoning request, the applicant has applied for a Comprehensive Plan amendment to amend the future land use from “Community Mixed Use Centers.” to “Neighborhood Centers”. The Comprehensive Plan amendment must first be approved to “Neighborhood Centers” before the proposed zoning change request can be considered. If the Comprehensive Plan amendment is approved, the proposed zoning of NR-4 will be consistent with the future land use of “Neighborhood Centers”. 2.The proposed rezoning facilitates the adequate provisions of tra sewers, schools, parks, other public requirements and public convenience. It is anticipated with applicable improvements, when necessary, that the existing public utilities, other public requirements and public convenienceare adequate to serve the proposed commercial development.Required improvements will be further evaluated at the time of platting. Water is available by connecting the existing 12-inch main at the intersection of Ryan Road and Lauren’s Place and extending it either, westward along Ryan Road, then southward along Country Club Road to the subject property, then through the subject property to subject property’s southeast corner. Applicant shall acquire 20 foot Public Utility Easements along Country Club Road through the offsite properties, per Subchapter 35.21.4.A of the DDC; orvia a cross-country alignment, starting a point near the Ryan Road/Lauren’s Place intersection then running generally southward to the subject property. The City would be willing to generate a Pro-Rata Agreement whereby the Applicant would be reimbursed the cost of the offsite portion of the proposed water main construction if and when the adjacent properties connect to it. The Pro-Rata Agreement would be subject to Public Utility Board and City Council approval. Sewer is available via an connecting to the existing 27-inch gravity main near subject property’s southwest corner, and, per Subchapter 35.21.4.A, extending 1) an 8-inch gravity main generally northward to a point near the intersection of subject property’s north property line and the creek, and 2) a 10-inch gravity main generally eastward to subject property’s southeast corner. Both mains shall be installed at maximum depth and minimum slope, to facilitate future service to upstream properties. The existing 12-inch water main along Ryan Road, and the existing 27-inch gravity sewer main along Hickory Creek, each have sufficient available capacity to serve these projected demands. Depending on growth, the City intends to replace this portion of the existing gravity along Hickory Creek Road. There is offsite drainage runoff from the north that is required to be conveyed under fully developed conditions through this development. Country Club Road is a TxDOT owned and maintained roadway. Hickory Creek is classified as an unimproved perimeter street and is required to be constructed along property frontage with 28 ft. concrete pavement, curb and gutter, and 5 ft sidewalk. The proposed commercial development may require a Traffic Impact Analysis (TIA), based on trip generation calculationsto determine if the increasedtraffic demand from the proposed commercial developmentwill require additional public improvements and/or cost participation (e.g. signalizationat impacted intersections).All proposed roadway improvements must be reviewed and approved by the city and by TXDOT prior to construction of the proposed project. This new development will house an anticipated 336 new residents which will put increased demand on the City’s existing park infrastructure system and the school district. Findings of Fact 1.The request is for a Comprehensive Plan amendment on approximately 34.04 acres located in a Community Mixed Use General (CM-G) zoning district. 2.The current future land use category on the property is Community Mixed Use Center. The applicant proposes to amend the future land use category to Neighborhood Centers to facilitate a rezoning from CM-G to Neighborhood Residential 4 (NR-4). 3.Prior to the 2002 city-wide rezoning, the site was zoned Agricultural District (A). 4.Thesite is currently zoned CM-G. 5.According to the Denton Plan, the focus area of a Community Mixed Use Center contains the shopping, services, recreation, employment, and institutional facilities that are required and supported by the surrounding community. Thus, a community activity center could contain a supermarket, drug store, specialty shops, service stations, one or more large places of worship, a community park, midsize offices, employers, high-to- moderate density housing, and perhaps an elementary ormiddle school. 6.Characteristics of Community Mixed Use Centers include (A) typical land are of up to 30 acres, (B) typical service area & population of up to 8 square miles and 40,000 people, and (C) typical retail tenants of specialty, grocery, drug, and hardware stores. 7.According to the Denton Plan, Neighborhood Centers allow new neighborhoods to develop in traditional patterns within the undeveloped urban and urbanized areas of the city. Mixed-use and mixed housing types will be allowed to develop in a pattern of “neighborhood centers”. These are oriented inwardly, focusing on the center of the neighborhood. These neighborhoods exemplify the interrelationship between quality of development, density, services and provision for adequate facilities. These developments should locate the center of the neighborhood within a five to ten minute walking distance from the edge of the neighborhood. The center contains uses necessary to support the surrounding neighborhood. These support services could includeservice oriented retail such as a small grocery, hair salon, dry cleaner or small professional offices. Residential uses may occur at higher densities with townhomes or residential flats above service-oriented uses. Open space occurs in neighborhood centers with park uses including central neighborhood “greens and floodplain preservation. Civic uses such as fire stations, schools, libraries, and mass transportation nodes are encouraged to be essential elements of neighborhood centers as landmarks that are a focus to the neighborhood. Limited multistory development in the neighborhood may be developed to incorporate shops on the ground floor and offices or residences on the upper floors. 8.An aspect of Growth Management from the Denton Plan is to “locateparks and institutional uses as required to support future residential development. These uses will be located in a manner that encourages developing a sense of community within neighborhoods. The layout of neighborhoods should incorporate these facilities, with strong pedestrian links from the surrounding neighborhoods, and with links to the city’s regional pedestrian and transportation system.” 9.A Residential Land Use Location Strategy in the Denton Plan is to “encourage all new development to be contiguous to existing development.” 10.The purpose of a Community Mixed Use Center is to provide convenience and comparative shopping for goods and services to an individual neighborhood as well as a number of nearby neighborhoods. 11.The purpose of the Neighborhood Residential land use is to preserve and protect existing neighborhoods and to ensure that any new development is compatible with existing land uses, patterns, and design standards. 12.The site is not platted. Preliminary and final platting is required prior to any additions/improvements to the property and prior to the issuance of building permits. 13.According to the Mobility Roadway Plan, Country Club Road is planned to be a four- lane Secondary Arterial. 14.According to the Mobility Roadway Plan, Hickory CreekRoad is “Not Yet Built” and is planned to be a six-lane Primary Arterial. 15.The site is currently not platted and is developed with farm and ranch structures. 16.Land uses within ¼ mile radius of the site include approximately 168.17 acres; of which 159.82 acres are considered agricultural land; 2.181 acres are developed with commercial uses; 3.571 acres are developed with single-family homes and 2.60 acres of land remain undeveloped. 17.Adjacent zoning districts include CM-G to the north and south, Extraterritorial Jurisdiction (ETJ) to the west, and Neighborhood Residential 2 (NR-2) to the east. 18.The site has two Environmentally Sensitive Area (ESA) designations. An ESA Stream Buffer runs generally north to south along the site’s western property line. Generally covering the same area as the stream buffer is an ESA floodplain. The majority of the ESA floodplain is classified as developed, with a small southern portion classified as undeveloped floodplain. 19.Development of the ESA designated areas is subject to Sections 35.17.8 and 35.17.9 of DDC. 20.The Kansas City Southern Rail Line runs adjacent to the site’s eastern property line. 21.Water is available by connecting to an existing 12-inch main at the intersection of Ryan Road and Laurens’s Place and extending it either (A) westward along Ryan Road, then southward along Country Club Road to Applicant’s property, then through Applicant’s property to Applicant’s southeast property corner. Applicant shall acquire 20’ Public Utility Easements along Country Club Roadthrough the offsite properties, per DDC 35.21.4.A; or (B) via a cross-country alignment, starting at a point near the Ryan Road/Lauren’s Place intersection then running generally southward to the subject property. 22.Sewer is available via connecting to the existing 27-inch gravity main near the Applicant’s southwest property corner, and, per DDC 35.21.4.A, extending (A) an 8-inch gravity main generally northward to a point near the intersection of Applicant’s north property line and the creek, or (B) a 10-inchgravity main generally eastward to Applicant’s southeast property corner. Both mains shall be installed at maximum depth and minimum slope, to facilitate future service to upstream properties. 23.The existing 12-inch water main along Ryan Road, and the existing 27-inch gravity sewer main along Hickory Creek, each have sufficient available capacity to serve these projected demands. 24.Depending on growth, the City intends to replace this portion of the existing gravity along Hickory Creek Road. 25.There is offsite drainage runoff from the north that is required to be conveyed under fully developed conditions through this development. 26.There are no planned water or stormwater CIP projects near this area. 27.Country Club Road has the capacity to accommodate this development; however construction of right turn and/or left turn lanes may be required into the development pending a traffic impact analysis. 28.Country Club Road is a TXDOT owned and maintained roadway.Hickory Street is classified as an unimproved perimeter street and is required to be constructed along property frontage with 28-ft concrete pavement, curb and gutter and 5-ft sidewalk. 29.Based on trip generation calculations, a Traffic Impact Analysis (TIA) may be required. The TIA will determine if a right and/or left turn-lane into the development is required. 30.There are no planned CIP projects near this area. 31.A TxDOT permit is required for any construction within Country Club Road frontage. 32.Coordination with TxDOT is required to determine widening plans for Country Club Road. 33.The subject property is served by Cross Timbers Park (approximately 4300 feet east), Bent Creek Open Space (approximately 4,500 linear feet northwest),Lake Forest Park (approximately 4500 linear feet east), and Southwest Park Open Space (approximately 1.55 miles west). 34.The proposed development will house an anticipated 336 new residents which will put increased demand on the City’s existing park infrastructure system.Due to its unique location it is difficult to locate any facilities that are not encumbered by some type of pedestrian barrier. The subdivision is bordered on the north and the east by a rail road track, on the west by Country Club Road that has a speed limit in excess of 35 mph and on the south by Hickory Creek. Development Review Committee IS INCONSISTENT The Development Review Committee finds that the request with the IS INCONSISTENT general character of the area and with the Denton Plan, upon approval of a Comprehensive Plan amendment. Based on the findings-of-fact, the Development Review Committee (DRC) recommends DENIAL of Z12-0010. GENERAL NOTES NOTE: Approval of this request shall not constitute a waiver or variance from any applicable development requirement unless specifically noted in the conditions of approval and consistent with the Denton Development Code. NOTE:All written comments made in the application and subsequent submissions of information made during the application review process, which are on file with the City of Denton, shall be considered to be binding upon the applicant, provided such comments are not at variance with the Denton Plan, Denton Development Code or other development regulations in effect at the time of development. Surrounding Zoning Designations and Current Land Use Activity: Northwest: North: Northeast: Community Mixed Use General Community Mixed Use General Neighborhood Residential 2 (NR-2) (CM-G) & Extra Territorial (CM-G)(Acreage with or without Jurisdiction (ETJ) (Commercial Uses and Agricultural Agricultural Use) (Agricultural and Single-Family Land) Uses) West:Subject PropertyEast: Neighborhood Residential 2 (NR-2) Community Mixed Use General & Extra Territorial Jurisdiction Extra Territorial Jurisdiction (ETJ) (CM-G)(ETJ) (Farm & Ranch Improvements) (Farm & Ranch Improvements)(Acreage with or without Agricultural Use & Industrial) Southwest: South:Southeast: Community Mixed Use General (CM-G) & Neighborhood Extra Territorial Jurisdiction (ETJ)Extra Territorial Jurisdiction (ETJ) Residential 2 (NR-2) (Farm & Ranch Improvements)(Farm & Ranch Improvements) (Acreage with orwithout Agricultural Use) Source: City of Denton Geographical Information System and site visit by City staff Existing Conditions: A.The Site is currently not platted and is developed with farm and ranch structures. B.Adjacent zoning districts include CM-G to the north and south, Extraterritorial Jurisdiction (ETJ) to the west, and Neighborhood Residential 2 (NR-2) to the east. C.Land uses within ¼ mile radius of the site include approximately 168.17 acres; of which 159.82 acres are considered agricultural land; 2.181 acres are developed with commercial uses; 3.571 acres are developed with single-family homes and 2.60 acres of land remain undeveloped. D.The Kansas City Southern Rail Line runs adjacent to the site’s eastern property line. Comprehensive Plan: The site is currently located within a Community Mixed Use Center future land use designation and is proposed to be changed to a Neighborhood Center. Community Mixed Use Center (Existing): According to the Denton Plan, the purpose of a Community Mixed Use Center is to provide convenience and comparative shopping for goods and services to an individual neighborhood as well as a number of nearby neighborhoods. The focus area of a Community Mixed Use Center contains the shopping, services, recreation, employment, and institutional facilities that are required and supported by the surrounding community. Thus, a community activity center could contain a supermarket, drug store, specialty shops, service stations, one or more large places of worship, a community park, midsize offices, employers, high-to-moderate density housing, and perhaps an elementary or middle school.” The typical land area of Community Mixed Use Center is up to 30 acres and should serve up to eight square miles and 40,000 people. The subject property is generally of the adequate size and location to meet these criteria as the city continues to grow. Staff believes changing the future land use designation for this property to Neighborhood Center would potentially remove one of the most viable areas for commercial development in South Denton in the coming decades. This recommendation is based on two primary factors: 1.According to the Mobility Plan, the intersection of Country Club Road and Hickory Creek Road is the most suitable for future commercial development. Country Club Road is planned to be a four-lane secondary arterial and Hickory Creek Road is planned to be a six-lane primary arterial. Other major intersections in the surrounding area contain only secondary arterials or collector streets. The only other primary arterial intersections are limited to commercial development by the Hickory Creek floodplain or are too far to serve the proposed neighborhood. This location might also alleviate the demand for Community Mixed Use Center services that are currently situated along IH-35E, thereby reducing traffic congestion in that area. 2.The area is not suitable for a conventional, single-family neighborhood. When combined withthe two arterial streets, the railroad that runs along the subject property’s eastern boundary creates substantial barriers to pedestrian access. Residents of the proposed single family subdivision would have to cross several lanes of traffic or railroadtracks to walk to neighborhood amenities such as schools and parks. This is especially dangerous for children. Neighborhood Centers (Proposed): Neighborhood Centers are within the undeveloped urban and urbanized areas of the city, new neighborhoods maydevelop in traditional patterns. Mixed-use and mixed housing types will be allowed to develop in a pattern of “neighborhood centers”. These are oriented inwardly, focusing on the center of the neighborhood. These neighborhoods exemplify the interrelationship between quality of development, density, services and provision for adequate facilities. These developments should locate the center of the neighborhood within a five to ten minute walking distance from the edge of the neighborhood. The center contains uses necessary to support the surrounding neighborhood. These support services could include service oriented retail such as a small grocery, hair salon, dry cleaner or small professional offices. Residential uses may occur at higher densities withtownhomes or residential flats above service-oriented uses. Open space occurs in neighborhood centers with park uses including central neighborhood “greens and floodplain preservation. Civic uses such as fire stations, schools, libraries, and mass transportation nodes are encouraged to be essential elements of neighborhood centers as landmarks that are a focus to the neighborhood. Limited multistory development in the neighborhood may be developed to incorporate shops on the ground floor and offices or residences on the upper floors. There is ample acreage already allocated for Neighborhood Centers surrounding the subject property. Zoning Allocation: This rezoning request affects the zoning allocation of the NR-4 and CM-G zoning districts throughout the City. Currently, there is approximately 4,831.83 acres of land within the city that is zoned NR-4 and approximately 1,125.16 acres are currently zoned CM-G. If the applicant’s request for rezoning is approved, the NR-4 allocation will increase to approximately 4,865.87 acres and the CM-G zoning district allocation would decrease to approximately 1,091.12 acres. Zoning Allocation Zoning District Current Allocation (acres) Proposed Allocation (acres) CM-G(Existing)1,125.161,091.12 NR-4(Proposed)4,831.834,865.87 Nearest Fire and EMS Station Approximate Distance Name of Station From Subject Property Fire/EMS Fire Station # 6 (3232 Teasley Lane)± 3 miles Source: City of Denton GIS, Fire Department, and EMS Anticipated Water, Wastewater, and Stormwater Demand: A.Estimated Demand: Subject PropertyEstimated Impact Analysis 34.04 ± acres Proposed Demand Adequate to Serve (Yes or No) Permitted Density4 units/acreYes Potable Water Consumption (GPM)204 (peak)Yes Wastewater Generation (GPM)121 (peak)Yes Stormwater Demand (CFS)161.5 (peak)Yes B.Available Capacity: Water is available by connecting the existing 12-inch main at the intersection of Ryan Road and Lauren’s Place and extending it either, westward along Ryan Road, then southward along Country Club Road to the subject property, then through the subject property to subject property’s southeast corner. Applicant shall acquire 20 foot Public Utility Easements along Country Club Road through the offsite properties, per Subchapter 35.21.4.A of the DDC; orvia a cross-country alignment, starting a point near the Ryan Road/Lauren’s Place intersection then running generally southward to the subject property. The City would be willing to generate a Pro-Rata Agreement whereby the Applicant would be reimbursed the cost of the offsite portion of the proposed water main construction if and when the adjacent properties connect to it. The Pro-Rata Agreement would be subject to Public Utility Board and City Council approval. Sewer is available via an connecting to the existing 27-inch gravity main near subject property’s southwest corner, and, per Subchapter 35.21.4.A, extending 1) an 8-inch gravity main generally northward to a point near the intersection of subject property’s north property line and the creek, and 2) a 10-inch gravity main generally eastward to subject property’s southeast corner. Both mains shall be installed at maximum depth and minimum slope, to facilitate future service to upstream properties. The existing 12-inch water main along Ryan Road, and the existing 27-inch gravity sewer main along Hickory Creek, each have sufficient available capacity to serve these projected demands. Depending on growth, the City intends to replace this portion of the existing gravity along Hickory Creek Road. There is offsite drainage runoff from the north that is required to be conveyed under fully developed conditions through this development. C.CIP Planned Improvements: There are no planned public potable water improvements in this area Depending on growth, the City intends to replace a portion of the existing gravity sewer along Hickory Creek Road. There are no planned public storm water improvements in this area. Roadways/Transportation Network: A. Estimated Demand: SubjectPropertyEstimated Impact Analysis 34.04 ± acres Proposed Demand Adequate to Serve (Yes or No) Permitted Density 4units/acre Yes Average Annual Daily Trips 1,200Yes (AADT) PM Peak Hour Trips120Yes B.Available Capacity: Country Club Road has the capacity to accommodate this development; however, construction of right turn and/or left turn lanes may be required into the development pending a traffic impact analysis. C.Roadway Conditions: Country Club Road is a TxDOT owned and maintained roadway. Hickory Creek is classified as an unimproved perimeter street and is required to be constructed along property frontage with 28 ft. concrete pavement, curb and gutter, and 5 ft sidewalk. D.CIP Planned Improvements: There are no planned CIP projects in this area. Environmental Conditions: The site has two Environmentally Sensitive Area (ESA) designations. An ESA Stream Buffer runs generally north to south along the site’s western property line. Generally covering the same area as the stream buffer is an ESA floodplain. The majority of the ESA floodplain is classified as developed, with a small southern portion classified as undeveloped floodplain. Development of the ESA designated areas is subject to Sections 35.17.8 and 35.17.9 of DDC. Electric: Electric service will be provided by Denton Municipal Electric (DME). Parks: Name of park facilities currently serving the site: Cross Timbers Park –approximately 4,300 feet east. Bent Creek Open Space –approximately 4,500 linear feet northwest. Lake Forest Park –approximately 4,500 linear feet east. Southwest Park Open Space–approximately 1.55 miles west. Exhibit 2 Site Location/Aerial Map Exhibit 3 Existing Zoning Map Exhibit 4 Proposed Zoning Map Exhibit 5 Existing Future Land Use Map Exhibit 6 Proposed Future Land Use Map Exhibit 7 Notification Map & Responses Exhibit 8 Applicants Letter of Intent Exhibit 9 Applicants Zoning Exhibit Exhibit 10 Site Photos Looking north from southern driveway on Country Club Road Looking east from the southern driveway on Country Club Road Looking south from the southern driveway on Country Club Road Looking southwest from Country Club Road Exhibit 11 January 23, 2013, Planning and Zoning Commission Meeting Minutes Exhibit 12 Ordinance AGENDA INFORMATION SHEET AGENDA DATE: March 19, 2013 DEPARTMENT: Planning and Development ACM: John Cabrales SUBJECT PDA12-0005 (O’Reilly Auto Parts) – Hold a public hearing and consider adoption of an ordinance approving a Detailed Plan to allow a 6,816 square-foot building for new auto parts sale on 0.835 of land located within the Wheeler Ridge Planned Development District (PD-176). The subject site is located at the southeast corner of Teasley Lane (FM 2181) and Robinson Road; and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date. (PDA12-0005) The Planning and Zoning Commission recommends approval (7-0). PROPOSAL The applicant (Kimley-Horn and Associates, Inc) is requesting approval of a Detailed Plan to allow for the construction of a 6,816 square-square foot building on 0.835-acre property within the Wheeler Ridge Planned Development District. This request is in adherence with Ordinance (Ord. 99-367) which approved the initial Concept Plan for this PD. Per Section 35.152 of the City of Denton Zoning Ordinance and Ordinance 99-367, a Detailed Plan is required for the development of this property. BACKGROUND On October 5, 1999, the City Council approved a Planned Development (PD) Concept Plan for a total of 168.57 acres known as Wheeler Ridge Planned Development District (PD 176, Wheeler Ridge). The 168.5 acres include several residential parcels and two (2) parcels designated for commercial development, identified as Tracts 1 and 3. Tract 1 is comprised of approximately 9.08 acres. On December 1, 2009, the City Council approved both an amendment to the PD Concept Plan for Tract 1, and a Detailed Plan to allow a self-storage facility on 4.05 acres of the 9.08 acres contained in Tract 1. On October 5, 2010, the City Council approved an amendment to the Concept Plan, and a Detailed Plan to allow a gasoline station on approximately 0.83 acres within Tract 1. In accordance with the requirements set forth in Section 35-154 of the City of Denton Zoning Ordinance, a Detailed Plan is required after the approval of a Concept Plan for all property located within a Planned Development District. This review is for a Detailed Plan to allow 6,816 square foot new auto parts sales on approximately 0.879 acres of a section of the remaining undeveloped portion of Tract 1. Agenda Information Sheet March 19, 2013 Page 2 PUBLIC NOTIFICATION Seven (7) public notices were sent to residents within two hundred feet (200’) of the site via certified mail (Exhibit 9). As of this writing, staff has received one (1) notice in favor, and one (1) neutral to the request from property owners within the 200-foot notification area. In addition to the above certified notices, Staff sent sixty-nine (69) notices via regular mail to property owners within 500 feet (See Exhibit 9). As of this writing, staff has received no responses to the Notice of Public Hearing from property owners either in favor or in opposition. PRIOR ACTION/REVIEW On February 6, 2013, the Planning and Zoning Commission recommended approval to forward this item to the City Council for consideration. The following is a chronology of Planned Development 176, commonly known as Wheeler Ridge: PD-176 Ordinance No.99-367 Providing for Planned Development District 176 for 168.57 acres. Located between Nowlin Road, FM 2181 (Teasley Lane) and Robinson Road Ordinance No. 2000-200 Providing a Detailed Plan for .08 acres for a cell tower site Located in PD 172, on the south side of the intersection of Nowlin Road and Nowlin Road Ordinance No.2000-216 Providing a Detailed Plan for 253 acres. Generally located east of Teasley Lane between Robinson and Hickory Creek Ordinance No.2003-062 Providing a Detailed Plan for 253 acres Generally located east of Teasley Lane between Robinson and Hickory Creek Altered the number of lots and increase the amount of open space Ordinance No. 2009-302 Amending the existing concept plan associated with the approximately 9.08 acre commercial development (tract 1) Providing a Detailed Plan for 4.05 acres for the development of a storage unit facility Generally located at the southeast corner of Teasley Lane (FM 2181) and Robinson Road Agenda Information Sheet March 19, 2013 Page 3 Ordinance No. 2010-254 Amending the existing concept plan (ordinance 2009-302) associated with the approximately 9.08 acre commercial development (tract 1) Providing a Detailed Plan for approximately 0.83 acres for the development of gasoline station (Seven-Eleven) Generally located at the southeast corner of Teasley Lane (FM 2181) and Robinson Road OPTIONS 1.Approve as submitted. 2.Approve subject to conditions. 3.Recommend denial. 4.Postpone consideration. 5.Table item. RECOMMENDATION APPROVAL The Planning and Zoning Commission recommends of this Detailed Plan, subject to the following conditions: CONDITIONS OF APPROVAL: 1.All original conditions of approval and subsequent modifications associated with PD 176 shall remain valid, unless specified herein. [P&Z] 2.The site plan as submitted and shown in Exhibit 5 & 6 shall guide the development of the site. [P&Z] 3.The elevation drawing submitted and shown in Exhibit 7 shall guide the development of the 6,816 square foot building. [P&Z] 4.Approval of this request shall be limited to new auto parts sales only. Any change of use shall require amendment to this Detailed Plan. [P&Z] APPROVAL The Development Review Committee recommends , subject to the conditions stated above. Agenda Information Sheet March 19, 2013 Page 4 EXHIBITS 1.Development Review Staff Report 2.Site Location/Aerial Map 3.Zoning Map 4.Future Land Use Map 5.Site Plan 6.Landscape Plan 7.Building Elevations 8.Letter from Applicant 9.Notification Information Map 10.Notice of Public Hearing Responses 11.Site Photos 12.Planning and Zoning Commission, February 6, 2013 Meeting Minutes 13.Ordinance Respectfully submitted: Brian Lockley, AICP, CPM Planning and Development, Director Prepared by: Nana Appiah, AICP Senior Planner Exhibit 1 CITY OF DENTON DEVELOPMENT REVIEW COMMITTEE STAFF REPORT P&Z Date: February 6, 2013 TYPE: Detailed Plan CC Date: March 19, 2013 PROJECT #:PDA12-0005 Project Number: PDA12-0005 Request: To allow 6,816 square foot new auto parts sales on 0.835 acres. Applicant: Nick Holscher Property Owner: Ron Fraze 5225 Village Creek Drive, Suite 400 Plano, TX 75060 Location: The property is generally located at the southeast corner of Teasley Lane (FM 2181) and Robinson Road. Size: 0.835 acres ± Zoning Designation: Planned Development 176 (PD 176) Future Land Use: Neighborhood Centers Case Planner: Nana Appiah DRC Recommendation: The Development Review Committee (DRC) recommends Approval of PDA12-0005 subject to conditions. Summary of Analysis: Section 35-154 of the City of Denton Zoning Ordinance provides standards by which a Detailed Plan is to be evaluated. Such standards include showing permitted land uses and the acreage for each use, adjacent or surrounding land uses, zoning, streets, drainage facilities, existing or proposed off-site improvements, the location and size of all alleys, parking lots and parking spaces, loading areas to be used for vehicular traffic, access and connection to existing or proposed streets, traffic generated by the proposed uses, the maximum height of all buildings, the maximum total floor area, the location of water retention areas and major drainage facilities, and the location of all major utilities. The applicant has submitted a Detailed Plan to demonstrate how these requirements will be met. The Detailed Plan submitted shows a retail building with a gross floor area of 6,816 square feet. The building is one (1) story or nineteen (19’4) feet high. The proposed development requires twenty three (23) parking spaces, which are shown on the Detailed Plan. The locations of the retention areas and major utilities have been reviewed by the DRC. The DRC has determined that the utilities are adequate for the proposed development. The Detailed Plan show one proposed access point onto the site. This access point is in compliance with Ordinance 2009-302, the approved Concept Plan for the 9.08 acre site. This ordinance allows one access point from the site onto Teasley Lane. Currently, there is a Seven Eleven gas station located at the corner of Teasley Lane and Robinson Road. This proposed development will be sharing access onto Teasley lane with the existing Seven Eleven gas station. The subject property is within a Neighborhood Center future land use designation per the Future Neighborhood Center Land Use Map of the Denton Plan. Per the Denton Plan, a might contain a convenience store, small restaurant, personal service shops, church or synagogue, daycare, individual office space, a small park and perhaps an elementary school vital to the day- to-day activity of the neighborhood. The proposed Detailed Plan is consistent with the Denton Plan. Per ordinance number 1999-367 which established the PD, there were two areas designated for commercial development (Tract 1 and 3). The intent of the commercial tracts is to develop it for uses essential to the day-to-day activities of residents such as retail, office, and other commercial center(s). On January 23, 2013, seven (7) public notices were sent to property owners within 200 feet of the area and sixty-nine (69) to residents within 500 feet of the area (Exhibit 9).As of this writing, staff has received no responses to the Notice of Public Hearing from property owners either in favor or in opposition. Findings of Fact 1.This proposed Detailed Plan is to allow 6,816 square foot new auto parts sales building. 2.The proposed site encompasses approximately 0.835 acres. The site is located within the Neighborhood Centers Future Land Use District. 3.On May 5, 1987, the City Council approved a Planned Development (PD 176, Wheeler Ridge) Concept Plan by Ordinance number 99-367 on 168.57 acres on the subject site. 4.On December 1, 2009, Ordinance number 99-367 was amended by Ordinance number 2009-302. The purpose of the request was to amend the existing Concept Plan associated with the approximately 9.08 acre commercial site (Tract 1), and to approve a Detailed Plan on approximately 4.05 acres within the amended Concept Plan for a storage unit facility. 5.Per Ordinance number 99-367, uses permitted within the Commercial (C) zoning district are permitted on the subject property. 6.Per Section 35-77 of the City of Denton Zoning Ordinance, new auto parts sales are permitted by-right within the Commercial (C) zoning district. 7.Per Section 35.14.4 of the Denton Development Code, one parking space parking per three hundred (300) square feet of gross floor area is required. The site plan show 23 parking spaces for the 6,816 square foot building proposed. The proposed parking spaces conform to parking requirement specified in the Denton Development Code. 8.Per Element 3 of the Denton Plan, Neighborhood Centers are oriented inwardly, focusing on the center of the neighborhood and containing facilities vital to the day-to- day activity of the neighborhood. A neighborhood center might contain a convenience store, small restaurant, personal service shops, church or synagogue, daycare, individual office space, a small park and perhaps an elementary school. 9.Per Ordinance 99-367, PD-176 comprises of residential units and two tracts for commercial development. The intent of the commercial tract(s) (development) is to provide convenient goods and services vital to day-to-day activities of the neighborhood. 10.The subject site is not located within a Historic or Conservation district. 11.The property has frontage Teasley Lane. According to the City of Denton’s Road classification system, Teasley Lane is classified as a Primary Major Arterial. 12.The Detailed Plan submitted shows one access point, which is an existing driveway off Teasley Lane. This drive currently serves a Seven Eleven gas station located immediate north of the subject property. 13.The property will be served by the City of Denton water and sewer systems. 14.The anticipated water demand is approximately 563 gallons per minute (GPM) for the proposed 6,816 square feet building associated with the use. 15.The anticipated sewer demand is approximately 479 gallons per minute (GPM) for the proposed 6,816 square feet building associated with the use. 16.Anticipated transportation demand is approximately 420 trips per day. There is adequate capacity on Teasley to serve this development. 17.According to the City of Denton Fire Department, this property is serviced by the City’s Fire Station #6, located at 3232 Teasley lane. Development Review Committee Based on the information provided by the applicant and a recent site visit, the Development IS CONSISTENT Review Committee finds that with the recommended conditions, the request IS CONSISTENT with the surrounding land uses and general character of the area, with the IS CONSISTENT Denton Plan, and with the Denton Development Code. Based on the findings-of-fact, the Development Review Committee (DRC) recommends APPROVAL of PDA12-0005 with conditions as stated below. CONDITIONS OF APPROVAL: 1.All original conditions of approval and subsequent modifications associated with PD 176 shall remain valid, unless specified herein. [Planning] 2.The site plan as submitted and shown in Exhibit 4 & 5 shall guide the development of the site. [Planning] 3.The elevation drawing submitted and shown in Exhibit 6 shall guide the development of the 6,816 square foot building. [Planning] GENERAL NOTES NOTE: Approval of this request shall not constitute a waiver or variance from any applicable development requirement unless specifically noted in the conditions of approval and consistent with the Denton Development Code. NOTE: All written comments made in the application and subsequent submissions of information made during the application review process, which are on file with the City of Denton, shall be considered to be binding upon the applicant, provided such comments are not at variance with the Denton Plan, Denton Development Code or other development regulations in effect at the time of development. Surrounding Zoning Designations and Current Land Use Activity: Northwest: North: Northeast: NR-2/PD-176: NR-4/CMG Commercial DevelopmentsNR-2 Single family homes, Hickory Creek Single family homes, Lakewood HeightsEstates West: East: NR-4 Subject Property: PD-176 Single family homes, Forest Single family homes, Wheeler Ridge PD-176 Meadow Vacant Southwest: South: Southeast: NR-4 PD 176: PD-176 Single-family homes, Lexington Storage facility and Single-family Single-family homes, Wheeler Parkhomes, Wheeler RidgeRidge Source: City of Denton Geographical Information System and site visit by City staff Summary of Surrounding Current Land Use Activity: The subject property is surrounded by residential homes to the south, east, and west. The property located to the immediate south is self-service storage facility. This facility is part of the 9.08 commercial tract. The City Council approved this storage facility on December 1, 2009. To the north of the site is a commercial development. There is a Seven Eleven gas station located to the immediate north. City Council approved Detailed Plan for this gas station on October 5, 2010.The other commercial developments located north of the property include tenants such as: Subway restaurant, a pizza restaurant, and a laundromat. Comprehensive Plan: A.Consistency with Goals, Objectives and Strategies: The property is within the Neighborhood Centers future land use category per the Future Land Neighborhood Use Map of the Denton Plan. Per Land Use Element of the Denton Plan, Centers should develop in conventional patterns or may be developed in a pattern of ‘Neighborhood Centers’. The Plan recommends Neighborhood Centers to be oriented inwardly, focusing on the center of the neighborhood and containing facilities vital to the day-to-day activity of the neighborhood. A neighborhood center might contain a convenience store, small restaurant, personal service shops, church or synagogue, daycare, individual office space, a small park and perhaps an elementary school Staff finds that the Detailed Plan as proposed is consistent with the Denton Plan. The subject property is surrounded by residential homes. The homes to the south and east were approved as part of PD-176. Per ordinance number 99-367, the intent of the subject site is to encourage and accommodate the development of office, retail, and commercial centers. B.Land Use Analysis: Per section 35-136 of the City of Denton Zoning Ordinance, planned development districts are intended to provide for the development of land as an integral unit for single or mixed use in accordance with a plan that may vary from the established regulations of other zoning districts. They are also meant to encourage flexible and creative planning to ensure the compatibility of land uses, to allow for the adjustment of changing demands to meet the current needs of the community. Staff finds the Detailed Plan as proposed is consistent with the intent of the planned development district. The new auto parts sales store will serve auto service needs of the surrounding community. The proximity of the development will also help reduce the number of vehicle trip, made to service minor vehicular repair or buy vehicular accessories on city roads due to the proximity of the use to residents. C.Current Planned Development District Allocation Current Allocation in PD-176 Proposed Allocation 9,08 acres of commercial development 0.835 acres of auto sales and repair Nearest Elementary, Middle, and High School The proposed non-residential development will not produce any elementary, middle or high school students, and therefore will not impact the associated Independent School District. Nearest Fire and EMS Station Name of Station Approximate Distance From Subject Property Fire Station #6, 3232 Teasley lane ±1.3 miles Water and Wastewater Demand and Capacity: A. Estimated Demand and Service Provider: This development will be serviced by the City of Denton water and sewer service system. Subject PropertyEstimated Impact Analysis Adequate to Serve Proposed Demand 0.835 ± acres (Yes or No) Potable Water Consumption 563 (peak) yes (GPD) Wastewater Generation 479 (peak) yes (GPD) B. Available Capacity: Water is available from the existing 8-inch main along the west side of the property. Wastewater is available via the existing 8-inch gravity main along the north side of the property. Anticipated peak hour water demand is approximately 563 gallon per day (GPD) and anticipated peak wastewater demand is approximately 479 GPD. D.CIP Planned Improvements : N/A Roadways/Transportation Network: Estimated Demand A.: Subject PropertyEstimated Impact Analysis Adequate to Serve 0.835 ± acres Proposed Demand (Yes or No) Average Annual Daily Trips 420 Yes (AADT) B. Available Capacity: The subject site has frontage on Teasley Lane (F.M. 2181). According to the City of Denton’s road classification system, Teasley Lane is classified as a Primary Major Arterial which requires 135 feet of right-of-way. Anticipated transportation demand is less than 450 vehicle trips per day. Capacity is available on this roadway. Exactions such as right-of-way dedication, easement dedications, corner clip dedication, cost participation for signalization and possible street improvements will be required at the time development occurs. Additionally, pedestrian access in the form of a 5 foot sidewalk construction will be required along the site’s frontage. C. Roadway Conditions: Teasley Lane condition is in fair condition. D. CIP Planned Improvements: The City of Denton has no planned improvement for the transportation facilities serving the subject site. Teasley Lane is a TxDOT owned and maintained road. TxDOT has plans to widen it. Environmental Conditions: There are no Environmentally Sensitive Areas on site. Wells (Public/Private): There are no known public or private potable water wells on site. Airports: The site is located outside of the Denton Municipal Airport’s ACCLUD zones. Electric: Electric service will be from DME transformer #13030 (225 kVA capacity at 208 Y / 120 volts three phase). Use a transformer with a capacity of 300 kVA and impedance of 1.37% for fault current analysis (worst case analysis). The customer will be responsible for secondary conduit and cable including terminations in transformer #13030. Conduit has already been installed across the drive for this electric service. Peak winter demand for an existing store on Sherman Drive was 48 kW winter and 40 kW summer Park Facilities: This proposed non-residential development should have no impact on the City’s park facilities. Comments from other Departments: N/A Exhibit 2 Site Location/Aerial Map Robinson Road Tract 1-9.08 Site 0.835 N Exhibit 3 Zoning Map Site 0.835 N Exhibit 4 Future Land Use Map Site 0.835 N Exhibit 5 Site Plan Exhibit 6 Landscape Plan Exhibit 7 Building Elevations Exhibit 8 Letter from Applicant Exhibit 9 Notification Information Map Public Notification Date: 1/23/13 200’ Legal Notices sent: 7 500’ Courtesy Notices sent: 69 Number of responses to 200’ Legal Notice: In Opposition: 0 In Favor: 1 Neutral: 1 Exhibit 10 Notice of Public Hearing Responses Exhibit 11 Site Photos Look north from subject site Look south from subject site Look east from subject site Look west from subject site Exhibit 12 Planning and Zoning Commission Meeting Minutes 1 4.PUBLIC HEARINGS: 2 3Chair Schaake stated items 4A & 4B will be continued to the March 6, 2013 meeting. 4 A.Hold a public hearing and consider making a recommendation to City Council regarding a Comprehensive Plan Amendment from Employment Center Future Land Use to Neighborhood Centers on approximately 8.830 acres of land. The subject property is generally located East of University Drive (US 380) and North of Loop 288. (CA12-0004, Spring Valley Estates, Nana Appiah). This item will be continued until March 6, 2013. 5 B.Hold a public hearing and consider making a recommendation to City Council regarding a rezoning from Employment Center Industrial (EC-I) to a Neighborhood Residential 3 (NR- 3) zoning district on approximately 8.830 acres. The subject property is generally located East of University Drive (US 380) and North of Loop 288. (Z12-0009, Spring Valley Estates, Nana Appiah). This item will be continued until March 6, 2013. 6 C.Hold a public hearing and consider making a recommendation to City Council regarding a Detailed Plan to allow a 6,816 square-foot building for new auto parts sales on property located within the Wheeler Ridge Planned Development District (PD-176). The subject site is located at the southeast corner of Teasley Lane (FM 2181) and Robinson Road. (PDA12- 0005, O’Reilly Auto Parts, Nana Appiah) 7 8Appiah stated this request is to allow a 6,816 square-foot building for the use of new auto parts 9sales on the subject property. Appiah stated a Detailed Plan is required after the approval of a 10Concept Plan for all property located within a Planned Development District. Appiah stated there 11were seven (7) certified notices sent to property owners within 200 feet of the subject site, and 69 12courtesy notices sent to property owner’s within 500 feet of the subject site. At the time of this 13meeting there has been one (1) returned notice in favor, and one (1) returned neutral. Appiah 14stated staff recommends approval based on staff’s conditions. 15 16Bentley questioned if there will be an additional curb cut on Teasley Lane at the 7-Eleven Store; 17Appiah stated no, there will be a shared drive approach for O’Reilly Auto Parts and 7-Eleven. 18 19Keith Stubbs, The Hutton Company, 8518 Coppertowne Lane, Dallas, Texas 20 21Stubbs stated he is present to represent for The Hutton Company; however, he has no 22presentation other than what staff has already presented. Bentley questioned the number of 23parking spaces; Appiah stated the number that is listed on the site plan is accurate. Appiah added 24the site plan is binding. Schaake opened the Public Hearing. 25 26Christopher Goodridge, 2404 Miranda Place, Denton, Texas 27 28Goodridge stated the addition of an O’Reilly Auto Parts would be great for the community; 29however, he wants to make sure in the future it does not become a used car dealership. 30Goodridge stated he wants to make sure this is not for the use of vehicle sales or repairs. 3 1Chair Schaake closed the Public Hearing; there were no additional speakers. Bentley questioned 2how much a Planned Development would lock a developer in on a use; Leal stated this was not 3posted on the agenda as the use of auto sales. The posting for auto sales was on the courtesy 4notifications that went to the property owners; once this requested is recommended for approval 5it is locked in as new auto parts sales. Leal stated if there are changes in the future; the future 6applicant would have to reapply for a Planned Development. Bentley questioned if the motion 7could be specific for the use of new auto parts sales; Leal stated that is correct. 8 9Commissioner Devin Taylor motioned, Commissioner Thom Reece seconded to approve this 10request per staff’s conditions and that the use be limited to new auto parts sales. Motion 11approved (7-0). 12 6.FUTURE AGENDA ITEMS: Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the Planning and Zoning Commission or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting. 13 14Lockley stated there will be a Work Session added to the next meeting date or subsequent for the 15discussion of the development process, reviews and responsibilities. Taylor requested an updated 16copy of the Denton Development Code be added to his binder; Lockley stated staff will update 17all of the Commissioner’s binders. Schaake requested that this Commission receive a report of 18the actions provided after items have been sent before City Council. Lockley stated those will be 19provided in the future. 20 21Chair Schaake adjourned the meeting at 7:13 p.m. 22 23 24 4 Exhibit 13 Ordinance AGENDA INFORMATION SHEET AGENDA DATE: March 19, 2013 DEPARTMENT: Planning and Development ACM: John Cabrales SUBJECT - S12-0005 (DME Audra Substation) Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving a Specific Use Permit to allow a basic utility; a DME Electric Substation, on approximately 8.75 acres of land within a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation; located west of Loop 288, south of Audra Lane, and directly east of Audra Meadows, Phase 2 Subdivision, within the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. (S12-0005, DME Audra Substation) The Planning and Zoning Commission recommends approval (5-0). BACKGROUND The subject property includes an approximate total of 26.5 acres, of which Denton Municipal Electric (DME) is requesting to construct an electrical substation on approximately 8.75 acres. Pursuant to Subchapter 35.5.2 (Permitted Uses) of the Denton Development Code (DDC), if a Basic Utility is proposed within two hundred (200) feet of a residential zoning district, approval is subject to a Specific Use Permit (SUP). The site is surrounded by residential zoning districts. The site was recently acquired by the City of Denton as part of the overall electrical transmission and distribution system, as outlined by DME’s 2013- 2017 Capital Improvement Plan (CIP). The proposed electrical substation is one (1) of twelve (12) new and/or proposed upgrades to existing substations which will provide enhanced electrical service to Denton. See Exhibit 11 for the aforementioned DME projects which include the approximate location of the DME substation sites. The Audra Substation is part of the Spencer to Kings Row 69 kV Transmission Line Project, also known as the “Purple Line”. As part of the Governmental Entity Development Review Process, DME has submitted application for both a preliminary (PP13-0001) and final plat (FP13-0001), as well as a Specific Use Permit (SUP). The Governmental Entity Development Review Process provides for a concurrent review of documents in the development review process while ensuring that public safety, adequate facilities, regulatory compliance and appropriate environmental stewardship is achieved. The property is currently undeveloped. The applicant is proposing to preliminary plat the entire 26.5 acre tract into four (4) lots and will final plat the 8.75 acre electrical substation site. There are currently no specific plans for the three (3) remaining lots included within the preliminary Agenda Information Sheet March 19, 2013 Page 2 plat. The electrical substation will be constructed in two (2) phases. Phase I will include construction of the substation and connection of the substation to an existing transmission line adjacent to the site. Phase II will include construction of a new transmission line, connection of the substation to the new transmission line and decommissioning and removal of the old transmission line. Prior to the city-wide rezoning in 2002, the site was dually zoned; Commercial (C) and the majority of the site was located within Planned Development 27 (PD-27). PD-27 was repealed with the adoption of the DDC and development of this property is subject to current DDC requirements. Several public meetings were held in early 2012 by DME. Additionally, the Public Utility Board conducted a public hearing on December 10, 2012 and recommended approval of the site for construction of the substation. Although no citizens attended the public hearing, DME has received comments from several nearby residents; none in opposition to the request. Staff sent thirty-two (32) certified notices of the public hearing to property owners within two hundred (200) feet of the subject property and seventy eight (78) notices to residents and property owners within five hundred (500) feet of the property. As of this writing, staff has received five (5) notices in opposition to the request (2.75%); one (1) notice in favor of the request and two (2) notices neutral to the request. PRIOR ACTION 1.December 10, 2012 Public Utility Board Public Hearing 2.February 20, 2013 Planning and Zoning Commission Public Hearing OPTIONS 1.Approve as submitted. 2.Approve with conditions. 3.Deny. 4.Postpone consideration. 5.Table item. RECOMMENDATION APPROVAL, The Planning and Zoning Commission recommends of S12-0005subject to the conditions below recommended by the Development Review Committee. APPROVAL The Development Review Committee recommends of S12-0005, subject to the following conditions: Agenda Information Sheet March 19, 2013 Page 3 A one-hundred (100) foot wide buffer area shall be maintained on the western property line, adjacent to the existing single family subdivision (Audra Meadows, Phase 2). Within the 100-foot buffer area, the applicant shall provide the required Type C buffer using existing and new plantings. A Type C buffer includes a fifteen (15) – foot planted strip with a combination of 5 evergreen and deciduous trees and 30 shrubs per one hundred (100) linear feet. The remaining eight-five (85) – feet shall include grass only; and A perimeter masonry wall shall be constructed with a minimum height of ten (10) feet. See Exhibit 9 for examples of perimeter walls and Exhibit 10 for a perimeter wall simulation of the Audra site. EXHIBITS 1.DRC Staff Report 2.Aerial Map 3.Zoning Map 4.Future Land Use Map 5.Notification Map & Responses 6.Applicant Letter of Intent 7.Site Plan 8.Western Property Line Buffer 9.Perimeter Wall Examples 10.Perimeter Wall Simulation (Audra Site) 11.Proposed New DME Substation Sites/Expansions 12.Site Photos 13.February 20, 2013, Planning and Zoning Commission Meeting Minutes 14.Ordinance Respectfully submitted: Brian Lockley, AICP, CPM Planning and Development, Director Prepared by: Johnna M. Matthews Senior Planner Exhibit 1 CITY OF DENTON DEVELOPMENT REVIEW COMMITTEE STAFF REPORT P&Z Date: February 20, 2013 TYPE: Specific Use Permit CC Date: March 19, 2013 PROJECT #:S12-0005 Project Number: S12-0005, DME Audra Substation Request: A Specific Use Permit (SUP) to allow for a new electrical substation Applicant: Teague Nall and Perkins, Inc. 1517 Centre Place Drive, Suite 320 Denton, TX 76205 Property Denton Municipal Electric Owner: 215 E. McKinney Street Denton, TX 76201 Location: The property is located on the west side of Loop 288 and directly east of Audra Meadows, Phase 2 Subdivision. Size: 8.75 acres +/- Existing Zoning Neighborhood Residential Mixed Use 12 (NRMU-12) Designation: Future Land Use: Neighborhood Centers Case Planner: Johnna M. Matthews DRC Recommendation: The Development Review Committee (DRC) recommends Approval of S12-0005, subject to conditions. Summary of Analysis The Denton Development Code, Subchapter 35.5.2.2, requires approval of a Specific Use Permit (SUP) for a basic utility if the proposed use is within two hundred (200) feet of a residential zoning district. The site is surrounded by residential zoning districts. The criteria for approval of a SUP is provided in Subchapter 35.6.4 of the Denton Development Code, which states that SUPs shall be issued only if all of the following conditions have been met: 1. That the specific use will be compatible with and not injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity; The existing restrictions within the NRMU-12 zoning district, the landscape buffer required along the western property line and the ten (10) foot masonry perimeter wall, which will be constructed to simulate a rock wall; will ensure that the development is compatible with and not injurious to the use and enjoyment of adjacent properties. The substation will be unmanned and will be visited infrequently and as such will not generate traffic. The substation will not generate noise, odors or fumes. 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; Directly west of the site is an existing single family subdivision. In addition to the required Type C Buffer, which includes a fifteen (15) foot planted strip comprised of a combination of five (5) evergreen and deciduous trees and 30 shrubs per one hundred (100) linear feet; which the applicant will accomplish with a combination of existing and new plantings, staff is recommending an additional eight-five (85) foot buffer area, which will include grass only, for a total 100-foot wide buffer area between the proposed substation and the existing single family subdivision to the west. DME currently owns the property to the north. All other adjacent properties are currently undeveloped. Staff also recommends approval of a minimum ten (10) foot masonry perimeter wall. The proposed development will not impede the normal and orderly development of these adjacent properties. 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; The proposed development will require preliminary and final platting of the entire 26.5 acre site which is currently under review. The proposed electrical substation imposes virtually no impact on public infrastructure, as it does not use domestic water or wastewater. There will be minimal traffic to the site. No future facilities are needed for the site other than the future electric transmission line. 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; Access into the substation site will be intentionally restricted to authorized personnel only for maintenance or monitoring. There will be no public vehicular or pedestrian traffic and no parking spaces. The access drive from Loop 288 will be designed to accommodate the large trucks that may be required for future equipment replacement. 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; The electrical substation will not generate offensive odor, fumes, dust, noise or vibration. 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and The substation site will be protected by a ten (10) foot masonry perimeter wall, and except for extreme circumstances will not be visited by service personnel at night. Lighting on site will be in the form of wall-pac lights mounted on the equipment enclosure inside the facility. The lights will not be visible from outside the secure area. Any additional lighting will be directional lighting aimed at the interior of the site. 7. That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property. The landscaping provided will meet or exceed the requirements of the NRMU-12 zoning district. The 100-foot buffer along the western property line along with the required minimum 40% landscaped area and 45% tree canopy cover will provide sufficient landscaping and screening to ensure harmony and compatibility with adjacent properties. Findings of Fact 1.Denton Municipal Electric (DME) recently acquired an approximate 26.5 acre tract to construct an electrical substation as part of the overall electrical transmission and distribution system, as outlined by DME’s 2013-2017 Capital Improvement Plan (CIP) in order to provide enhanced electrical service to Denton. 2.The parent tract includes approximately 26.5 acres. The request is for approval of a Specific Use Permit (SUP) to allow a ”Basic Utility” on approximately 8.75 acres of the total 26.5 acres. 3.The applicant proposes to construct an electrical substation in two (2) phases. Phase I will include construction of the substation with connection to an existing transmission line adjacent to the site. Phase II will include construction of a new transmission line, connection of the substation to the new transmission line and decommissioning and removal of the old transmission line. 4.Several public meetings were held in early 2012 by DME. Additionally, the Public Utility Board conducted a public hearing on December 10, 2012 and approved the site for construction of the substation. Although no citizens attended the public hearing, DME has received comments from several nearby residents; none in opposition to the request. 5.Prior to the 2002 city-wide rezoning, the site was dually zoned; Commercial ( C ) and the majority of the site was located within Planned Development 27 (PD-27). 6.The Future Land Use designation for the site is Neighborhood Centers and allows basic utilities/electric substations to meet the needs of the City. 7.Adjacent zoning districts include Neighborhood Residential Mixed Use 12 (NRMU-12) and Neighborhood Residential Mixed Use (NRMU) to the north; Neighborhood Residential Mixed Use 12 (NRMU-12) to the south; Neighborhood Residential 4 (NR-4) to the west and Neighborhood Residential 4 (NR-4), and Neighborhood Residential Mixed Use (NRMU) to the east. 8.The area to the west is developed with a single family subdivision. However, properties to the north and south are undeveloped. Directly east of the site is a commercial use. 9.Landscape buffers are required between certain abutting land use categories to mitigate or minimize nuisances. A Type C buffer is required along the western property line. A Type C buffer includes a fifteen (15) foot planted strip that includes a combination of six (6) evergreen and deciduous trees and twenty-five (25) shrubs per one hundred (100) linear feet. An additional eighty-five (85) –foot buffer area is recommended and proposed by DME, along the western property line; adjacent to the existing single family subdivision. 10.A riparian buffer Environmentally Sensitive Area (ESA) designation was removed in 2012 per ESA12-0007, as it did not meet ESA criteria The stream riparian buffer was not located on the property subject to this Specific Use Permit; however was located near Audra Lane and ran north and south . 11.The site is not platted. Preliminary and final platting is required prior to the development and the issuance of building permits. A preliminary plat (PP13-0001) and final plat (FP13-0001) are currently under review by the Development Review Committee. The applicant proposes to preliminary plat the entire 26.5 acres and will final plat the electrical substation site, which includes approximately 8.75 acres. 12.The development is proposing a point of access onto Loop 288 that is lined up directly across from Prominence Parkway. 13.Loop 288 is a TxDot owned and maintained roadway and is classified as an improved street, and is also considered to be a Collector Street. 14.Domestic water and wastewater are not required for this development. However, because a fire hydrant is not located within 400 feet from the site, a fire hydrant is required for fire protection. DME will also use the fire hydrant for irrigation purposes. 15.Water is available by connecting to the existing six (6) – inch main that extends to the site from the west through the existing single family subdivision, and extending the existing main eastward to facilitate the required fire hydrant placement. Development Review Committee IS CONSISTENT The Development Review Committee finds that the request with the criteria IS CONSISTENT for approval in Subchapter 35.6.4 of the Denton Development Code, with the IS CONSISTENT general character of the area and with the Denton Plan. APPROVAL The Development Review Committee (DRC) recommends of S12-0005, subject to conditions. GENERAL NOTES NOTE: Approval of this request shall not constitute a waiver or variance from any applicable development requirement unless specifically noted in the conditions of approval and consistent with the Denton Development Code. NOTE: All written comments made in the application and subsequent submissions of information made during the application review process, which are on file with the City of Denton, shall be considered to be binding upon the applicant, provided such comments are not at variance with the Denton Plan, Denton Development Code or other development regulations in effect at the time of development. Surrounding Zoning Designations and Current Land Use Activity: Northwest: North: Northeast: Neighborhood Residential 4 (NR-4) Neighborhood Residential Mixed Neighborhood Residential Mixed (Single-family subdivision) Use 12subdivision (NRMU-12), Use 12 (NRMU-12), Neighborhood (Undeveloped) Residential Mixed Use (NRMU) (Undeveloped) West: Subject Property East: Neighborhood Residential 4 (NR-4) Neighborhood Residential Mixed Neighborhood Residential Mixed (Single-family subdivision) Use 12 (NRMU-12) Use 12 (NRMU-12), (Undeveloped) Neighborhood Residential Mixed Use (NRMU) (Undeveloped & Commercial) Southwest: South: Southeast: Neighborhood Residential Mixed Neighborhood Residential Mixed Neighborhood Residential Mixed Use 12 (NRMU-12) Use 12 (NRMU-12) Use 12 (NRMU12), Employment (Undeveloped) (Undeveloped) Center Industrial (EC-I) (Undeveloped & Commercial) Source: City of Denton Geographical Information System and site visit by City staff Summary of Surrounding Zoning Designations and Current Land Use Activity: The area within ¼ mile radius of the site is comprised of approximately 185 acres. Uses within a ¼ mile radius of the site include agricultural uses, single family subdivisions, commercial uses, institutional uses and undeveloped land. Specifically, within a ¼ mile radius, there are approximately 62 acres which are considered agricultural uses; 61 acres are developed with commercial uses; 11 acres are developed with institutional uses such as FEMA; 47 acres are developed with single family and approximately 4 acres remain undeveloped. Comprehensive Plan: The underlying future land use designation is Neighborhood Centers. The Denton Plan states that within the undeveloped urban and urbanized areas of the city, new neighborhoods may develop in traditional patterns. Mixed-use and mixed housing types will be allowed to develop in a pattern of ‘neighborhood centers.’ These are oriented inwardly, focusing on the center of the neighborhood. These neighborhoods will exemplify the interrelationship between quality of development, density, services and provision for adequate facilities. These developments should locate the center of the neighborhood within a five (5) to ten (10) minute walking distance from the edge of the neighborhood. These support uses could include service-oriented retail such as a small grocery, hair salon, dry cleaner or small professional offices. Residential uses may occur at higher densities with townhomes or residential flats above service oriented uses. Open space occurs in neighborhood centers with park uses including central neighborhood “greens” and floodplain preservation. Civic uses such as fire stations, schools, libraries and mass transportation nodes are encouraged to be essential elements of neighborhood centers as landmarks that are a focus to the neighborhood. Limited multistory development in the neighborhood may be developed to incorporate shops on the ground floor and offices or residences on the upper floors. Nearest Fire and EMS Station Approximate Distance From Name of Station Subject Property Fire/EMS Fire Station # 2 (3309 E. McKinney Street) 2.08 miles ± Source: City of Denton GIS, Fire Department, and EMS Water and Wastewater Demand and Capacity: A. Estimated Demand: Subject PropertyEstimated Impact Analysis Adequate to Serve (Yes 8.75 acres Proposed Demand or No) Permitted Density N/A N/A Potable Water Consumption at O (domestic) Yes peak hour (GPD) Wastewater Generation at peak O (domestic) Yes hour (GPD) B. Available Capacity: N/A C. CIP Planned Improvements: N/A Roadways/Transportation Network: A. Estimated Demand: Subject PropertyEstimated Impact Analysis Adequate to Serve (Yes 8.75 acres ± Proposed Demand or No) Permitted Density N/A Yes Average Annual 1 Yes Daily Trips (AADT) PM Peak Hour Trips 1 Yes Available Capacity: B. Loop 288 is a TxDot owned and maintained roadway. Roadway Conditions: C. Loop 288 is classified as an improved street. D. CIP Planned Improvements: None Environmental Conditions: A riparian buffer Environmentally Sensitive Area (ESA) designation was removed in 2012 per ESA12-0007. The riparian buffer was not located on the subject 8.75 acres; however, was located near Audra Lane on the 26.75 acres subject to the preliminary plat (PP13-0001). Exhibit 2 Aerial Map N Exhibit 3 Zoning Map N Exhibit 4 Future Land Use Map N Exhibit 5 Notification Map & Responses Exhibit 6 Applicant Letter of Intent Exhibit 9 Perimeter Wall Examples Exhibit 10 Perimeter Wall Simulation (Audra Site) Exhibit 12 Site Photos Audra Site looking west at the existing single family subdivision Audra Site looking north Audra site looking north Audra site looking east towards Loop 288 Audra site entrance looking west Exhibit 13 February 20, 2013 Planning and Zoning Commission Meeting Minutes Exhibit14 Ordinance s:\legal\our documents\ordinances\13�S12-OOOS.doc Exhibit A Legal Description �EIM� A$.7'�,22 AGRE TRA�T GF LAM� SITtlATE� IN THE �+4.E.P. & P.R.R. SURVEY, �1B5Tf�CT h�UMBE� 9�7, l`�F ilE{VTb�f CfJUNTY, TE�,S. AND �EING F�,�RT:�'�k�R;'F:•:. CERTAIN TRACT 4F LAND QES�RI6Ep I�I QEEd TO THE �ITY �F �E�iT�l�f;:l'EX�;�;..;;., �► HOME Rl1LE MUNICI��1L CQ1tR�}RA17�N, AS I�E�QFtL�ED IN �OCt1C�!1EtJ�'7` ;:::. 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