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July 21, 2009 Agenda
AGENDA CITY OF DENTON CITY COUNCIL July 21, 2009 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, July 21, 2009 at 3:30 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be consi ere 1. Requests for clarification of agenda items listed on the agenda for July 21, 2009. 2. Receive a report, hold a discussion and give staff direction regarding nominations to the city's Boards and Commissions. 3. Receive a report, hold a discussion and give staff direction regarding appointments to Council committees. 4. Receive a report, hold a discussion and give staff direction regarding revisions to the Rules of Procedure for the City Council. 5. Receive a report, hold a discussion, and give staff direction regarding the potential closure of the City of Denton's Utility Customer Service facility located in the Golden Triangle Mall. 6. Receive a report, hold a discussion, and give staff direction regarding the status of funding applications submitted by the City of Denton under the American Recovery and Reinvestment Act (ARRA). 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. When items for consideration are not listed under the Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting and will convene at the time listed below for its regular or special called meeting. 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, as set forth below. 1. Closed Meeting: A. Consultation with Attorneys -Under Texas Government Code Section 551.071. 1. Receive a briefing and status report from the City's attorneys regarding the litigation entitled The Cit of Denton Texas v. The Universit of North Texas, Cause No. 2008-20043 -15 8, now pending before the 15 8t Judicial District Court in and for Denton County, Texas; discuss, deliberate and provide the attorneys with direction. A public discussion of these legal matters would conflict with the duty of the City's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. 2. Receive a legal briefing from the City's attorneys and discuss legal obligations and options facing the City, under a certain compromise settlement agreement and mutual release of claims, dated October 21, 2008, involving the City of Denton, Texas, JNC Partners Denton, LLC, White Cake Denton, L.P., John Lau, and Campbell Road Holding Company as parties. City of Denton City Council Agenda July 21, 2009 Page 2 3. Discuss and consider strategy, status, and possible approval of a change in the tariffs of Atmos Energy Corporation, Mid-Tex Division ("Atmos") as a result of a settlement between Atmos and the Atmos Texas Municipalities. A public discussion of these legal matters would conflict with the duty of the City's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. B. Deliberations regarding Personnel Matters -Under Texas Government Code Section 551.074. 1. Deliberate and discuss the appointment and duties of public officers to boards or commissions exercising discretionary or rule making power as opposed to purely advisory powers, which includes without limitation the Construction Advisory and Appeals Board, the Historic Landmark Commission, the Planning and Zoning Commission, and the Zoning Board of Adjustment. C. Deliberations regarding consultation with the City Attorney -Under Texas Government Code Section 551.071 and 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 in which the duty of the attorney to the governmental body under the Texas Disciplinary rules of Professional conduct of the State Bar of Texas clearly conflicts with 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 Blvd. The discussion shall include financial information the City Council will review, including the offer of financial or other incentives D. Deliberations regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086; Consultation with Attorneys - Under Texas Government Code, Section 551.071. 1. Discuss and deliberate the status of pending mediation efforts regarding several public power issues involved with the Texas Municipal Power Agency litigation described below and receive a briefing from a City representative. Receive a briefing and status report from the city's attorneys regarding the litigation entitled Ex Parte Texas Municipal Power A enc Cause No. D-1-GN-08-003426, pending in the 126th Judicial District Court in and for Travis County, Texas; as well as Ex Parte Texas Municipal Power Agency - II, Cause No.D-1-GN-08-003693, in the 261St Judicial District Court in and for Travis County, Texas; and the Texas Municipal Power Agency Plaintiff v. City of Bryan, Texas, Defendant, Counter-Plaintiff and Third Party Plaintiff, v. City of Denton, Texas and City of Garland, Texas, Third Party Defendants, Cause No. 28169, now endin in the 506th Judicial District Court in and for Grimes Count , p g y City of Denton City Council Agenda July 21, 2009 Page 3 Texas. Discuss and deliberate and provide the attorneys with direction. A public discussion of these legal matters would conflict with the duty of the city's attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. 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 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. GOVT. CODE, §551.001, ET S~ (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 on Tuesday, July 21, 2009 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: 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. 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. Citizens may speak on items listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers the Consent Agenda. Citizen comments on Consent Agenda items are limited to three minutes. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A - U). 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 - U 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. City of Denton City Council Agenda July 21, 2009 Page 4 A. Consider adoption of an ordinance of the city of Denton authorizing an agreement between the City of Denton, Texas and Hearts for Homes; providing for the expenditure of funds therefor; and providing for an effective date. ($543) B. Consider adoption of an ordinance of the city of Denton authorizing an agreement between the City of Denton, Texas and Fred Moore Day Nursery School; providing for the expenditure of funds therefor; and providing for an effective date. ($694) C. Consider adoption of an ordinance of the city of Denton authorizing an agreement between the City of Denton, Texas and Denton County to help with the cost of protecting the Historical Buildings Quilt for the Denton County Museums; providing for the expenditure of funds therefor; and providing for an effective date. ($700) D. Consider adoption of an ordinance of the city of Denton authorizing an agreement between the City of Denton, Texas and the Historical Park Foundation for the purpose of installing an arbor leading into the Victorian Rose Garden; providing for the expenditure of funds therefor; and providing for an effective date. ($300) E. Consider adoption of an ordinance of the city of Denton authorizing an agreement between the City of Denton, Texas and Court Appointed Special Advocates to assist with funding of phone cost, local travel for child visits and office supplies; providing for the expenditure of funds therefor; and providing for an effective date. ($500) F. Consider adoption of an ordinance of the city of Denton authorizing an agreement between the City of Denton, Texas and Southridge Recreation Club which serves a public purpose in facilitating recreational activities; providing for the expenditure of funds therefor; and providing for an effective date. ($450) G. Consider adoption of an ordinance of the city of Denton authorizing an agreement between the City of Denton, Texas and Cumberland Presbyterian Children's Home to assist with their Fall Festival Fund Raiser; providing for the expenditure of funds therefor; and providing for an effective date. ($350) H. Consider adoption of an ordinance of the City of Denton, Texas amending the Fiscal Year 2008-2009 Budget and Annual Program of Services of the City of Denton to allow for an adjustment to the Materials Management Fund of two million dollars ($2,000,000) to provide for additional expenditure authority associated with the cost of goods sold; declaring a municipal purpose; providing a severability clause; an open meetings clause; and an effective date. I. Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the Solid Waste Reserve Fund with certificates of obligation with an aggregate maximum principal amount equal to $2,902,000 to allow the Solid Waste Department to continue funding ongoing capital expenditures for Solid Waste facilities; and providing an effective date. The Public Utilities Board recommends approval (5-0). City of Denton City Council Agenda July 21, 2009 Page 5 J. Consider adoption of an ordinance of the city of Denton, Texas accepting competitive bids and awarding a best value three year contract for utility bill printing and mailing services for the City of Denton; authorizing the expenditure of funds therefor; and providing an effective date (Bid 4246-Best Value Bid for Utility Bill Printing and Mailing awarded to Ancor Information Management, LLC, dba Utilitec in an annual amount not to exceed $350,000 for a three year contract amount not to exceed $1,050,000). The Public Utilities Board recommends approval (5-0). K. Consider adoption of an ordinance authorizing the City Manager to execute an amendment to the contract between the City of Denton and Redflex Traffic Systems USA for operation of an automated traffic signal enforcement program; providing for the expenditure of funds therefor; and providing an effective date (File 3364-Amendment for Contract Extension/Price Adjustment). L. Consider adoption of an ordinance awarding a contract to Panasonic Financial Solutions for the lease purchase of thirty (30) Panasonic Toughbook PCs and accessories for Denton Municipal Electric (DME) as awarded by the State of Texas General Services Commission, Department of Information Resources (DIR Contract DIR-SDD-531); providing for the expenditure of funds therefor; and providing an effective date (File 4352-Panasonic Finance Solutions/Municipal Lease Agreement #42209 in the amount of $27,726.00, the first of six semi- annual payments, for a total three-year lease in the amount of $166,356.00). The Public Utilities Board recommends approval (5-0). M. Consider adoption of an ordinance of the City of Denton, Texas authorizing the expenditure of funds for payments by the City of Denton for electrical energy transmission fees to those cities and utilities providing energy transmission services to the City of Denton; and providing an effective date (File 4198- Electrical Energy Transmission Fees for American Electric Power in the additional amount of $25,651.96 for a total award of $113,933.96 and File 4199- Electrical Energy Transmission Fees for Lower Colorado River Authority (LCRA) in the additional amount of $148,182.64 for a total award of $736,682.64). The Public Utilities Board recommends approval (5-0). N. Consider adoption of an ordinance accepting competitive bids by way of an interlocal cooperative purchasing program participation agreement with the City of Carrollton under section 271.102 of the Local Government Code, for the purchase of emergency medical supplies for the City of Denton Fire Department; providing for the expenditure of funds therefor; and providing an effective date (File 4341-Interlocal Agreement for Emergency Medical Supplies with the City of Carrollton, contract awarded to Bound Tree Medical in the estimated amount of $150,000). 0. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of a three digger trucks for Denton Municipal Electric by way of an interlocal agreement with the City of City of Denton City Council Agenda July 21, 2009 Page 6 Denton; and providing an effective date (File 4350-Three Digger Trucks for Denton Municipal Electric awarded to Southwest International Trucks for one chassis/body in the amount of $186,267.20 and Rush Truck Center, Crane for two chassis/bodies in the amount of $547,183.62 for a total award of $733,450.82). The Public Utilities Board recommends approval (5-0). P. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Houston- Galveston Area Council (H-GAC) for the acquisition of two trailer mounted generators for Denton Municipal Electric by way of an Interlocal Agreement with the city of Denton; and providing an effective date (File 43 54-Interlocal Agreement for the purchase of two trailer mounted generators for Denton Municipal Electric awarded to Volvo Construction Equipment and Services in the amount of $111,374.94. The Public Utilities Board recommends approval (5-0). Q. Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of Cem-Line from TXI, which is available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements of competitive bidding; and providing an effective date (File 4353-Purchase of Cem-Line for Street Department in the unit price amount of $140/dry ton for an annual estimated amount of $200,000). R. Consider approval of the minutes of: June 8, 2009 June 9, 2009 June 16, 2009 June 23, 2009 S. Consider adoption of an ordinance authorizing the City Manager or his designee to execute an easement purchase agreement between the City of Denton, Texas and Rayzor Investments, Ltd., and any other documents that are necessary to acquire approximate 0.193 and 0.108 acre tracts for utility easements, approximately 0.191 and 0.108 acre tracts for temporary construction easements, and an approximate 0.091 acre tract for electric utility easement, all being located in the Robert Beaumont Survey, Abstract Number 31, Tracts 101, and 220 as evidenced by conveyance to Rayzor Investments Ltd. by instrument recorded by deed in Volume 1796, Page 601, Denton County deed records, City of Denton, Denton County, Texas; authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommends approval (5-0). T. Consider approval of a resolution of the City of Denton approving a change in the tariffs of Atmos Energy Corporation, Mid-Tex Division ("Atmos") as a result of a settlement between Atmos and the Atmos Texas Municipalities ("ATM"); finding that the rates set by the attached tariffs to be just and reasonable; finding that the meeting complied with the Open Meetings Act; and declaring an effective date. City of Denton City Council Agenda July 21, 2009 Page 7 U. Consider a request for an exception to the Noise Ordinance to extend working hours for the purpose of Hodges and Associates, P.L.L.C. to pour concrete paving for the Rayzor Ranch Market Place construction on US 3 80. The contractors, Mario Sinacola and Sons, need an exception to operate between the hours of 2:30 a.m. and 6:00 a.m., Monday through Saturday, for approximately three weeks between July 27, 2009, and August 20, 2009. 4. PUBLIC HEARINGS A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for Detail Plan approval to allow for the development of 192 multifamily housing units, amenity center, pool, passive pedestrian trail and parking on approximately 15.645 acres of land located within a Planned Development (The Preserve Planned Development, PD-132) zoning district generally located 550 feet east of Old Highway 77, north of Shady Shores Road, south of Lakeview Boulevard and west of Swisher Road; and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date. (Z09-0002) The Planning and Zoning Commission recommends approval (4-0) with conditions. B. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas regarding a Specific Use Permit to allow forty-six (46) attached and fifty-four (54) detached single family dwelling units on property located within a Neighborhood Residential 3 (NR-3) zoning district, the approximately 30.7 acres site being located at the southwest corner of Hinkle Drive and Windsor Street; and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and effective date. (509-0002) The Planning and Zoning Commission recommends denial (5-0). A SUPERMAJORITY VOTE BY COUNCIL IS REQUIRED FOR APPROVAL. C. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas regarding a Specific Use Permit to allow for gas well drilling and production on property located within the Town Center of the Rayzor Ranch Overlay District with a base zoning of Neighborhood Residential Mixed Use (NRMU), the approximately 3 acre site being located on the west side of Bonnie Brae Street, north of Scripture Street; and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date. (509-0006) The Planning and Zoning Commission recommends approval (4-0). D. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas regarding amendments to the Rayzor Ranch Overlay District encompassing approximately 410 acres of land located generally on both sides of U.S. Highway 380 (West University Drive), between Interstate Highway 35 and Bonnie Brae Street, specifically including amendments to the development standards applicable to the Rayzor Ranch Overlay District, as well as the provisions of Subchapter 3 5.7 of the Denton Development Code, and approving amendments to the Rayzor Ranch Special Purpose Sign District. (206-0029, 206- 0030 and 507-0001) The Planning and Zoning Commission recommends approval (6-0). City of Denton City Council Agenda July 21, 2009 Page 8 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Tabled -Consider adoption of an ordinance of the City of Denton, Texas approving an interlocal cooperation agreement and granting an easement to the DCTA on the Denton Branch Rail Trail for the purpose of building a public commuter rail line; and declaring an effective date. The Mobility Committee recommends approval (3-0). (Tabled from March 3, 2009) B. Ta_ -Consider adoption of an ordinance of the City of Denton, Texas, providing for zoning change from a Neighborhood Residential 3 (NR-3) zoning district classification and use designation to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation with an overlay district, on approximately 15.13 acres of land located west of Stuart Road and approximately 600 feet northwest of the intersection of Windsor Street and Stuart Road; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date (Z08-0016, Pine Creek). The Planning and Zoning Commission recommends approval (4-2) with an overlay district. (Tabled from June 16, 2009) C. Consider appointments to Council committees. D. Consider appointments to the following boards and commissions: 1. Airport Advisory Board 2. Animal Shelter Advisory Committee 3. Community Development Advisory Committee 4. Construction Advisory and Appeals Board 5. Historic Landmark Commission 6. Human Services Advisory Committee 7. Library Board 8. Parks, Recreation and Beautification Board 9. Planning and Zoning Commission 10. Public Art Committee 1 1. Public Utilities Board 12. Traffic Safety Commission 13. Zoning Board of Adjustment E. Consider nominations/appointments to the Economic Development Partnership Board. F. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: a. Charles Jones regarding airport lot lease. b. Catherine Bell regarding several issues in Southeast Denton. c. Bob Clifton regarding DCTA right-of way and the City of Denton. d. Nell Yeldell on trespassing on her property and the bugging of phones and cars. City of Denton City Council Agenda July 21, 2009 Page 9 G. 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. H. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. I. Official Action on Closed Meeting Item(s) 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 , 2009 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY- TX SOTHAT ASIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY' S OFFICE. This page left blank intentionally. AGENDA INFORMATION SHEET AGENDA DATE: July 21, 2009 DEPARTMENT: City Manager's Office CM: George Campbell, City Manager SUBJECT Receive a report, hold a discussion and give staff direction regarding nominations to the City's Boards and Commissions. BACKGROUND Attached are the nominations Council has submitted for boards and commissions positions. Any nominations made during the Work Session will be added to the list prior to consideration. Council will be voting on approval of these nominations at the regular meeting. If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary S:1City SecretarvlBoards & CommlA~enda Info Sheet for Nominations WS.doc .j j 4-~, BOARD AND COMMISSION NOMINATIONS Board Council Member Nomination Airport Advisory Board Heggins William A. Schofield (N) Gregory Mulroy ,Jeremy Fykes (N) Animal Shelter Advisory Committee Engelbrecht Dr. Granville Wright (R) Watts Burroughs ,Jim Bryan (R) Community Development Advisory Cmte. Heggins Dorothy Watts (R) Gregory Watts Mulro Herbert Holl (R) Construction Advisory & Appeals Board Heggins Daniel Hurt (R) Engelbrecht Brian Bentley (R) Kamp ,Jim Strange (R) Mulroy Ira Weinstein (R) Burrou hs Economic Development Partnership Bd. Nominating Cmte. Historic Landmark Commission Heggins Donna Morris (R) Engelbrecht Karen DeVinney (R) Watts Kamp David Wright (R) Mulroy Kevin Roden (N) All Human Services Advisory Cmte. Heggins Barbara Brown (R) Gregory Engelbrecht Maria Minerva Villanueva-Simental Kam p Mulroy Mary Behrens (N) Burroughs Angie .Jester (R) All All Library Board Heggins Anyah Martinez (R) Gregory Kamp Teresa Starrett (R) Mulro Ka Brannan (N) Parks, Recreation & Beautification Board Heggins Vicki Byrd (N) Engelbrecht Derrick M. Murray (N) Kam p Mulroy .Jennifer Wages (R) Burroughs ,Janet Shelton (N) R -Reappointment N - New Nomination BOARD AND COMMISSION NOMINATIONS Board Council Member Nomination Planning and Zoning Commission Heggins .John Ryan (R) Gregory Watts Burrou hs Walter Ea leton (R) Public Art Committee Heggins Billie Mohair (R) Kamp Carol Phillips (R) Mulroy Cheryl Key (R) Burrou hs Lindsa Keffer (N) Public Utilities Board Mulroy Barbara Russell (N) Traffic Safety Commission Engelbrecht Howard Draper (N) Watts Kam p Burrou hs Zach Tucker (R) Zoning Board of Adjustment Heggins Millard Heath (R) Engelbrecht Reggie Hill (R) Watts Mulroy Burroughs Phil Jordan (R) ALL ALL ALL R -Reappointment N - New Nomination This page left blank intentionally. AGENDA INFORMATION SHEET AGENDA DATE: July 21, 2009 DEPARTMENT: City Manager's Office CM: George Campbell, City Manager SUBJECT Receive a report, hold a discussion and give staff direction regarding appointments to Council committees. BACKGROUND The Council Agenda Committee requested that this item be placed on the July 21, 2009 agenda. If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary S:1City SecretarvlBoards & CommlA~enda Info Sheet for Council Committee Nominations .doc .j j 4-~, This page left blank intentionally. AGENDA INFORMATION SHEET AGENDA DATE: July 21, 2009 DEPARTMENT: City Manager's Office CM/DCM/ACM: George C. Campbell, City Manager SUBJECT: Receive a report, hold a discussion and give staff direction regarding revisions to the Rules of Procedure for the City Council. BACKGROUND: Ordinance No. 2008-159 was adopted July 15, 2008, amending Section 2-29 of the City Code relating to Rules of Procedure for the City Council. As staff has been preparing the Board, Commission and Committee manual, we have had an opportunity to review the Rules of Procedure and have found that some areas require updating to accurately reflect current Council procedure. Initially, staff was focused on Section 8. Creation of Committees, Boards and Commissions to make certain that the manual accurately reflects Council's approved procedures. During the review, other areas of the ordinance were found to be too specific as to time and order of business or in need of clarification or updating due to legislation changes. Additionally, some suggestions for change have come from comments made by Council Members during their review of the ordinance. With the assistance of the Legal Department, we have attempted to address the known issues and have attached ared-lined copy of the Rules of Procedure so that you may compare the original wording along with the new wording. Additionally, a chart has been provided outlining the specific location of each change, the original wording, and the proposed change. RECOMMENDATIONS: Staff recommends that changes be made to the Rules of Procedures for the City Council as directed by the City Council. The revised ordinance will be brought back to City Council for approval at the August 4, 2009, meeting. However, the new rule for Item 6.3 (3) Presentations by Members of Council or City Mana . er will not be effective until the new State legislation becomes takes effect on September 1, 2009. PRIOR ACTION/REVIEW (Council, Boards, Commission): City Council periodically reviews and revises the Rules of Procedure to reflect current practice. The last review and change was made on July 15, 2008, with the approval of Ordinance No. 2008-159. Council Rules of Procedure July 21, 2009 Page 2 FISCAL INFORMATION: Not applicable. Respectfully submitted, - - T ' f~ ~ k~ F { fr r ~ f 1 George C. Campbell City Manager Prepared by: Betty Williams Director of Administrative Services Attachments: Draft Council Rules of Procedure Rules of Procedure Proposed Changes Chart 11CODAD1DepartmentslCityManager's OfficelcmolBoard & Commission handbooklAgenda ItemslRules of procedurelCC Rules of Procedure draft.doc . ORDINANCE N0. AN ORDINANCE REPEALING ORDINANCE N0. 2~~~.~ ~ 7[. 2008-159 AND AMENDING SECTION 2-29 OF THE CITY CODE RELATING TO RULES OF PROCEDURE FOR THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Constitution and Laws of the State of Texas, and Section 2.07 of the City Charter of the City of Denton, Texas, hereinafter referred to as City, authorize the City Council of the City to promulgate and establish rules of procedure to govern and conduct meetings, order of business, and rules of decorum, while acting as a legislative body representing the City; and WHEREAS, the City Council deems it in the public interest to clarify certain provisions of its Rules of Procedure; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That Section 2-29 of the City Code, known as the Denton City Council Rules of Procedure, is hereby amended to read as follows: 1. (2-29(a)) AUTHORITY 1.1(1) Charter: Pursuant to the provisions of Section 2.07 of the Charter of the City of Denton, Texas, the City Council hereby enacts these rules of procedure for all meetings of the City Council of the City of Denton, Texas. During any meeting, a reasonable opportunity shall be given for citizens to be heard under these rules. These Rules of Procedure are enacted as guidelines to be followed by all persons in the Council Chamber including the city administrative staff, news media, and visitors. 2. (2-29(b)) GENERAL RULES 2.1(1) Meetings to be Public: All official meetings of the Council and Council committees and subcommittees, except closed meetings permitted by the provisions of the Texas Open Meetings Act, Chapter 551, TEX. GOVT. CODE ANN. (Vernons Annotated Texas Civil Statutes (Vernons 2009), as amended, shall be open to the public. 2.2 (2) uorum: Four members of the Council shall constitute a quorum for the transaction of business. (Charter, Section 2.06) 2.3 (3) Compelling Attendance: No member shall be excused from attendance at a Council meeting except for good and valid reasons. It will be the duty of the Council member to notify the City Secretary prior to the meeting at which he or she is going to be absent. The City Secretary will record each Council member as being present or absent as a part of the minutes prepared for each Council meeting. 11CODAD1DepartmentslCityManager's OfficelcmolBoard & Commission handbooklAgenda ItemslRules of procedurelCC Rules of Procedure draft.doc . 2.4 (4) Misconduct: The Council may punish its own members for misconduct consistent with any Ethics Policy adopted by the Council. 2.5 (5) Minutes of Meetings: An account of all proceedings of the Council shall be kept by the City Secretary and shall be entered in a book constituting the official record of the Council. A certified agenda shall be prepared and shall be approved by the Mayor for all closed meetings for which a certified agenda is required to be kept in accordance with Chapter 551, TEX. GOVT. CODE ANN. (Vernons 2009), as amended. 2.6 (6) Questions to Contain One Subject: All questions submitted for a vote shall contain one subject, except the City Council may approve all items which are on the consent agenda in one motion, regardless of how many subjects are contained in the consent agenda, so long as all items have been properly posted in accordance with the Texas Open Meetings Act and have not been removed from the consent agenda by a Council member. If two or more points are involved, any member may require a division, if the question reasonably admits of a division. 2.7 (7) Right of Floor: Any member desiring to speak shall be recognized by the Chairperson, and shall confine his or her remarks to the subject under consideration or to be considered. No member shall be allowed to speak more than once on any one subject until every member wishing to speak shall have spoken. 2.8 (8) Ci Mana er: The City Manager, or Acting City Manager, shall attend all meetings of the Council unless excused. He or she may make recommendations to the Council and shall have the right to take part in all discussions of the Council, but shall have no vote. (Charter, Section 5.03 (d))• 2.9 (9) Cit. Attorney: The City Attorney, or Acting City Attorney, shall be available upon request for all meetings of the Council unless excused and shall, upon request, give an opinion, either written or oral, on questions of law. The City Attorney shall act as the Council's parliamentarian. 2.10 (10) Ci , Secretary: The City Secretary, or Acting City Secretary, shall attend all meetings of the Council unless excused, and shall keep the official minutes and perform such other duties as may be requested by the Council. 2.11(11) Officers and Employees: Any officer or employee of the City, when requested by the City Manager, shall attend any meeting of the Council. If requested to do so by the City Manager, such employee may present information relating to matters before the Council. 2.12 (12) Rules of Order: These rules govern the proceedings of the Council in all cases, except that where these rules are silent, the most recent Edition of Robert's Rules of Order revised shall govern. 2.13 (13) Suspension of Rules: Any provision of these rules not governed by the City Charter or other City Code provisions may be temporarily suspended by the affirmative vote of four members of the Council. The vote on any such suspension shall be taken by yeas or nays and PAGE 2 11CODAD1DepartmentslCityManager's OfficelcmolBoard & Commission handbooklAgenda ItemslRules of procedurelCC Rules of Procedure draft.doc . entered into the minutes of the Council. 2.14 (14) Amendment of Rules: These rules maybe amended, or new rules adopted by the affirmative vote of four members of the Council, provided that the proposed amendments or new rules shall have been introduced before the City Council at a prior Council meeting. 3. (2-29(c)) CODE OF CONDUCT 3.1(1) Council members a. During Council meetings, Council members shall preserve order and decorum and shall neither by conversation or otherwise delay or interrupt the proceedings nor refuse to observe the rules of the Council. b. A Council member, once recognized, shall not be interrupted while speaking unless called to order by the Mayor or presiding officer, unless a point of order is raised by another member or the parliamentarian, or unless the speaker chooses to yield to questions from another member. If a Council member is called to order while he or she is speaking, he or she shall cease speaking immediately until the question of order is determined. If ruled to be in order, he or she shall be permitted to proceed. If ruled not to be in order he or she shall remain silent or shall alter his or her remarks so as to comply with rules of the Council. 3.2 (2) Administrative Staff: a. Members of the Administrative staff and employees of the City shall observe the same rules of procedure and decorum applicable to members of the Council, and shall have no voice unless and until recognized by the Chair. b. while the presiding officer shall have the authority to preserve decorum in meetings as far as staff members and City employees are concerned, the City Manager also shall be responsible for the orderly conduct and decorum of all City employees under his or her direction and control. c. The City Manager shall take such disciplinary action as may be necessary to insure that such decorum is preserved at all times by City employees in Council meetings. d. All remarks and questions addressed to the Council shall be addressed to the Council as a whole and not to any individual member thereof. e. No staff member, other than a staff member having the floor, shall enter into any discussion either directly or indirectly without permission of the presiding officer. 3.3 (3) Citizens: a. Citizens and other visitors are welcome to attend all public meetings of the City Council, and will be admitted to the City Council Chamber or other room in which the City Council is meeting, up to the fire safety capacity of the room. PAGE 3 11CODAD1DepartmentslCityManager's OfficelcmolBoard & Commission handbooklAgenda ItemslRules of procedurelCC Rules of Procedure draft.doc . b. All meeting attendees shall conduct themselves with propriety and decorum. Conversations between or among audience members should be conducted outside the meeting room. Attendees will refrain from excessively loud private conversations while the Council is in session. c. Unauthorized remarks from the audience, stamping of the feet, applauding, whistles, yells, and similar demonstrations shall not be permitted. d. Placards, banners, or signs will not be permitted in the City Council Chamber or in any other room in which the City Council is meeting. Exhibits, displays, and visual aids used in connection with presentations to the City Council, however, are permitted. e. Audience members may not place their feet on any chairs in the City Council Chamber or other room in which the City Council is meeting. f. Only City Council members and City staff may step onto the dais. g. All people wishing to address the City Council shall first be recognized by the presiding officer and shall limit their remarks to the matter under discussion. h. All remarks and questions addressed to the City Council shall be addressed to the City Council as a whole and not to any individual members. i. Any person addressing the City Council in the City Council Chamber shall do so from the lectern unless physically unable to do so. People addressing the City Council shall not be permitted to approach the dais. If they wish to hand out papers or other materials to the City Council, they should express that desire to the presiding officer, and the City Manager shall direct a staff member to hand out the materials. j. When the time has expired for a presentation to the City Council, the presiding officer shall direct the person speaking to cease. A second request from the presiding officer to cease speaking shall be cause of the removal of the speaker if that person continues to speak. k. Equipment, apparatus, or paraphernalia such as camera tripods, easels, or wheelchairs shall not obstruct, block, or otherwise be located in the doorway, entranceway, or walkways of the City Council Chambers or of any other room in which the City Council may choose to meet. Representatives of the electronic media may set up cameras and other equipment only in the back of the room. It is permissible for television camera operators to film for short periods of time (several minutes) from the entranceway to the City Council Chambers using hand-held cameras only. Any radio station, which broadcasts the regular City Council meetings live may hook their equipment up at the front of the room as long as it remains out of sight and out of the way. 1. There will be a uniformed City of Denton police officer present at all regular meetings of the City Council. This police officer shall act in the capacity of a security officer/sergeant-at- PAGE 4 11CODAD1DepartmentslCityManager's OfficelcmolBoard & Commission handbooklAgenda ItemslRules of procedurelCC Rules of Procedure draft.doc . arms, and shall enforce the meeting rules and act upon the direction of the presiding officer. m. Any person making personal, impertinent, profane, or slanderous remarks, or who becomes boisterous while addressing the City Council or who otherwise violates any of the above-mentioned rules while attending a City Council meeting shall be removed from the room at the direction of the presiding officer, and the person shall be barred from further audience before the City Council during that session of the City Council. If the presiding officer fails to act, any member of the City Council may move to require the offending person's removal, and the affirmative vote of a maj ority of the City Council shall require the presiding officer to act. The sergeant-at-arms, if so directed by the presiding officer or an affirmative vote of the majority of the City Council, shall remove the offending person from the meeting. 3.4 (4) Enforcement: The City Manager, in the absence of a designated law enforcement officer, shall act as Sergeant-at-Arms for the Council, and shall furnish whatever assistance is needed to enforce the rules of decorum herein established. 3.5 (5) Seatin.~ Arran e.~ ment: The City Secretary, City Manager and City Attorney shall occupy the respective seats in the Council Chamber assigned to them by the Mayor, but any two or more members of the Council may exchange seats. 4. (2-29(d)) TYPES OF MEETINGS 4.1 (1) Regular Meetings: The Council shall meet ~ u:?0 N.m. on the first and third .1..Z.Y..'~.~..........,P.V.P.~..~..]..'~.Y..1..T..P...........~!.P..~!...~..Y..~fl.!'71..~!..........A.....~..~..~..~!..P.~...........Y'Y'1.,P.P.'~.~..!'71..(1~.~!..~.........,Gl~.~......' ~.~.P.........~.~.~..]..Y1.~..~...~..........,G~.,GI~ l 171.1171.P.Y1.~..~..11..~f1~..........~.'~ Tuesday of each month, ~W11.11 'VLyV'VCX~.1v'1~ ~.7v~.7~7YV11~,7 wllli~'l~l.Y 111'VVCIII~~I V1 Llly ~lJlXllvll v'Vllllll'1~11V111~ ~.[;L 5:30 N.m., or at such un~r other time as may be set by the City Council, unless the meeting is postponed or cancelled for valid reasons. All regular meetings of the Council will be held in th ~~r,,,,;~;p,~' R,,;',a;,,g City Hall at 215 East McKinney Street, Denton, Texas or at such other location 1Y1l.lllltrl (,Ll Ll.lll~.llll as the City Council may, by motion, resolution or ordinance from time to time designate. 4.2 (2) Special Meetings: Special meetings may be called by the Mayor, the City Manager, or by any three members of the Council. The call for a special meeting shall be filed with the City Secretary in written form, and he or she shall post notice thereof as provided by the Texas Open Meetings Act, TEX. GOVT. CODE ANN. § 551.001, et seq. (Vernons 2009, as amended). The Mayor, City Manager, or three of the council members may designate a location for the special meeting other than the ~~u rreipal Ruil~i rgCity Hall as long as the location is open to the public. 4.3 (3) Workshop Meetings: Workshop meetings or work sessions may be held from ~:?n N .m s c P .m ..on the first and third Tuesday of each month at such time as maybe set by the City .111. GV ✓.iJ .111. Council, or won such other L11114~.? day as the ;g°nu~. ~omml~°eCity Council may designates and at such time as may be set by the City Council to discuss near to mid or long range issues and to answer City Council questions concerning all agenda items. «~orl~shop ~eeti ngs or ~vorl~ sessions ~~r ~A ~rnm ~ _5 ~ ~ ~n ~•~n » m nr n+~~r ~;m,AC! ~~A ~rxnr~r~~ ~n,~,,~,i1-thAA na~~r lllt:l.~` il)"ii 11~1'l.r '1'1 VYII"".. ~ . 1 ~ ~J'.111. r~ V . ~ "V :111. 'U`1 C.~.~... ~ l,~i~ll V~11'l~l ""~1111'v►~ .....Lllli ....i.~~`i~1T"~.ii.~ '1~V111TY11 LC.iTi YllZ ~arnrrnn+v nvi +~►v ~irc+~ nn~ ~~^►ir~ Tiior~n~r n~ onn~^► mnn~~^► ~n nvir~iror ~niinni~ niivc++innc+ nnvinarninrr \.L~rJl~ll(.L~tr, Vll l,lltr 111rJ1. (.Lllll ldllll.l 1 l.Ltr~.7\.L(.L~' Vl tr(,Ltrll 111V111d1, l.V (.L11~.7VV~.1 VVI.LllVll ~l.l~rJ~1V11rJ trVlltr~llllll~ nnt~rpnt ~_nAt~rl_~ ifpmc I~InrImilnr~ nr_ j~T_nrlr CAC~ctnn~ _m~~r ~p I~pI~ __-Frnm___l~ •nn n m ~n ~~~_n ~ m nr____ VV11~JVlll. (.L~L/111.L(.L 11.V111~J. Y Y V111~,711V~ Vl Y Y V111 IJ\J~,7~J1V11~.7 111(.L~' lJV 11V1~.L 11 Vlll V V N.111. l.V V .J V ~J.111. Vl u rnin~ n~~or +imor nr +~v rrar►~n ~nmmi4~ov mn~r ~ornnr~n~a nr~ ~~v rannr►~ Tiior~n~r n~ onn~ mnr►+~ ~n ~Jl,ltrll VLll~l 1,1111V~.7 (A~.7 l,lltr L l~\✓111.L(.L VV1111111L~Vtr 111(.L~' l.lV~.71~11(.LLV, Vll Lll~ ~JVtrV11l.L 1 I.LV~.7l.1(.L~' Vl tr(,LVll 111V111,11 l.V ~isc~ss m~u to 'on~-1l.Lllge iss~°s. Workshops or Work Sessions may be called using the same PAGE 5 11CODAD1DepartmentslCityManager's OfficelcmolBoard & Commission handbooklAgenda ItemslRules of procedurelCC Rules of Procedure draft.doc . procedure required for special meetings as provided for in Section 4.2(2) above. The purpose of the workshop meeting is to discuss or explore matters of interest to the City, to meet with City boards, commissions, or committee members, City staff or officers of civic organizations, governing bodies or individuals specifically invited to the session by the Mayor, Council or City Manager. These meetings are informational and normally no final action shall be taken unless the posted agenda indicates otherwise. Citizens or other interested persons attending the work session will not be allowed to participate in the session unless invited to do so by the Mayor. Citizens should be advised of the nature of the work session and that their input may be received and considered at a regularly scheduled council meeting where the agenda provides for final action to be taken on the matter. The purpose of this procedure is to allow the citizens attending the regular meeting the opportunity of hearing the views of their fellow citizens in a more formal setting. Any citizen may supply the City Council a written statement or report regarding the citizen's opinion on a matter being discussed in a work session. If the Mayor invites citizens to participate in a work session, their participation will cease at the point the Mayor closes the session to public input to allow the Council to give City staff direction as to needed information for the possible future meeting without distracting comment from the audience. 4.4 (4) Emergency Meetin . s: In case of emergency or urgent public necessity, which shall be expressed in the notice of the meeting, an emergency meeting may be called by the Mayor, the City Manager or by three members of the Council, and it shall be sufficient if the notice is posted two hours before the meeting is convened. 4.5 (5) Closed Meetings: The Council may meet in a closed meeting pursuant to the requirements of the Texas Open Meetings Act, Chapter 551, TEX. GOVT CODE ANN. (Vernons 2009), as amended. 4.6 (6) Recessed Meetings: Any meeting of the Council may be recessed to a later time, provided that no recess shall be for a longer period than until the next regular meeting. 4.7 (7) Notice of Meetings: The agenda for all meetings, including Council Committee or Subcommittee meetings, shall be posted by the City Secretary on the City's official bulletin board and notice of all meetings shall be given by the City Secretary pursuant to the requirements of the Texas Open Meetings Act, Chapter 551, TEX. GOVT CODE ANN. (Vernons 2009, as amended.) 5. (2-29(e)) PRESIDING OFFICER AND DUTIES 5.1(1) Presidin Officer: The Mayor, or in the absence of the Mayor, the Mayor Pro-Tem, shall preside as chairman, or presiding officer at all meetings of the Council. In the absence of the Mayor, Mayor Pro-Tem, the Council shall elect a temporary presiding officer. (Charter, Section 2.03) 5.2 (2) Call to Order: The meetings of the Council shall be called to order by the Mayor, or in his or her absence, by the Mayor Pro-Tem. In the absence of both the Mayor and the Mayor Pro- Tem, the meeting shall be called to order by the City Secretary, and a temporary presiding officer shall be elected as provided above. PAGE 6 11CODAD1DepartmentslCityManager's OfficelcmolBoard & Commission handbooklAgenda ItemslRules of procedurelCC Rules of Procedure draft.doc . 5.3 (3) Preservation of Order: The presiding officer shall preserve order and decorum, and confine members in debate to the question under discussion. The presiding officer shall call upon the Sergeant-at-Arms as necessary to enforce compliance with the rules contained herein. 5.4 (4) Points of Order: The presiding officer shall determine all points of order, subject to the right of any member to appeal to the Council. If any appeal is taken, the question shall be, "Shall the decision of the presiding officer be sustained?". If a majority of the members present vote "No", the ruling of the chair is overruled; otherwise, it is sustained. 5.5 (5) Questions to be Stated: The presiding officer shall state all questions submitted for a vote and announce the result. A roll call vote shall be taken upon the request of any member, and upon the passage of all ordinances and resolutions. 5.6 (6) Substitution for Presidin . Officer: The presiding officer may call any other member to take his or her place in the chair, such substitution not to continue beyond adjournment. 5.7 (7) Call for Recess: The presiding officer may call for a recess of up to fifteen (15) minutes at regular intervals of approximately one hour at appropriate points in the meeting agenda, or if requested by any two members. 6. ORDER OF BUSINESS (Section 2-29 6.1(1) Agenda: The order of business of each meeting shall be as contained in the agenda prepared by the City Manager, which shall be reviewed and approved by an Agenda Committee composed of the Mayor, the Mayor Pro Tem, and the City Manager. when items are removed from the consent agenda and placed on the regular agenda by members of the Council, the removed items shall be taken up in the order of removal right after the consent agenda. Placement of items on the agenda shall be governed by this Section and Section 6.3; provided that if a Council member has an "emergency" item that the Council member believes should be placed on the next regular or special meeting agenda, the placement must be approved by two members of the Agenda Committee or at the direction of a maj ority of the Council. Conduct of business at special meetings and Council Committees and subcommittees will likewise be governed by an agenda and these Rules of Procedure. 6.2 (2) Pled e of Alle i.~ ance: Each agenda shall provide an item for the recital of the "Pledge of Allegiance" at the regularly scheduled city council meetings. This item shall begin with the recital of the pledge of allegiance for the United States flag and shall follow with a recital of the pledge of allegiance for the Texas state flag in accordance with Section 3100.101 of the Tex. Gov't Code. 6.3 (3) Presentations by Members of Council or City Manager: The agenda shall provide a time when the Mayor or any Council member may bring before the Council any business that he or she feels should be deliberated upon by the Council at a future Council meeting. These matters need not be specifically listed on the agenda, but discussion and formal action on such matters shall be deferred until a subsequent Council meeting. Any member may suggest an item for discussion at a future work session. The City Manager or City staff shall only respond preliminarily on this item at PAGE 7 11CODAD1DepartmentslCityManager's OfficelcmolBoard & Commission handbooklAgenda ItemslRules of procedurelCC Rules of Procedure draft.doc . the work session. If the City Council believes the item requires a more detailed review, the Council will give the City Manager or City Staff direction to place the item on a future regular meeting agenda and advise staff as to the background materials to be desired at such meeting. The City Council may receive from the City Manager or City staff or a member of the City Council reports about items of community interest including expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen, except that a discussion regarding a change in the status of a person's public office or public employment is not an honorary or salutary recognition for purposes of this subdivision; 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; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda so long as authorized by the Texas Open Meetings Act, Chapter 551, TEX. GOV' T CODE ANN. (Vernons Annotated Texas Civil Statutes 2009) (Vernons 2009). 6.4 (4) Presentation b. Citizens: a. Citizen Reports: Any person who wishes to place a subject on the Council agenda at regular City Council meetings shall advise the City Manager's office of that fact and the specified subject matter which he or she desires to place on the agenda no later than 5:00 p.m. Wednesday prior to the Council meeting at which he or she wishes the designated subject to be considered. A time for such citizen reports shall be determined by the Agenda Committee giving due consideration to the length of the Agenda, the convenience of the citizens, and the orderly flow of public business. ~a ~rn~»~o~ ~n ~~a nrror~~n nor ~~o n~nr~~m~ ~~omr ~~r ~r~~~~»~iin~ n~r~r~~arn~~~r~ nr~~ ~v~~ra +~v UV ~JlVVlUV~.L Vll L11V IA~Vll~,l1.6 1.616V1 1.11V 1,6~JrJ1VV1.61 Vl 11.V111~J 1V1 111\.LlVl~.llilll VV11~J1~.1V11.61.1V11 1.611,1 UV1V1V 611V 1tV~ ``c~nsi~erati~n ; f .ne`vv.. business." Any speaker providing a citizen report shall speak for no longer than four (4) minutes on all items that he or she may bring before the Council at each meeting, unless the Mayor or the majority of the Council grants an extension of time. No citizen may fill out a "request to speak" form or have an opportunity to speak or comment on another citizen's report, which is given at the same Council meeting. An announcement shall be made, prior to the time for citizen reports on the agenda, summarizing the main portions of the Rules and Section 3 (2-29(c)), "Code of Conduct" as they may apply to citizens speaking to the Council. b. Speakin. og n Regular and Consent Agenda Items: Any person who wishes to address the Council regarding anon-public hearing item that is on the Council's agenda for a regular or special meeting, shall complete a "request to speak" form asking to speak regarding the item and shall return it to the City Secretary before the Council considers the item. Any person wishing to address the Council on a public hearing item should complete a request to speak form and return it to the City Secretary. The Mayor will call upon the citizen to speak for no longer than three (3) minutes as that particular agenda item is considered by the City Council except that persons giving citizen reports shall speak for no longer than four (4) minutes and applicants and their agents on public hearing items shall be allowed to speak for no longer than five (5) minutes or as indicated in paragraph 6.4.d. (5) "Time Limits." The provisions of this paragraph do not apply to workshop meetings, and a citizen's right to speak and provide input at these meetings shall be limited and controlled by subsection 4.3 (2-29(4)(3)) "Workshop Meetings". PAGE 8 11CODAD1DepartmentslCityManager's OfficelcmolBoard & Commission handbooklAgenda ItemslRules of procedurelCC Rules of Procedure draft.doc . c. Any person who wishes to address the Council at a public hearing ahvulu is encouraged to complete a "request to speak" form and return it to the City Secretary before the applicable hearing. The Mayor will call upon the citizen to speak for no longer than three (3) minutes or five (5) minutes for applicants and their agents in accordance with paragraph 6.5(5) "Time Limits." d. Any group or organization comprised of ten or more members present in the City Council Chambers who wishes to address the Council at a public hearing or on anon-public hearing agenda item shall designate a representative to address the City Council and shall limit their remarks to ten (10) minutes or less. The group or organization shall turn in a written designation to the City Secretary prior to the commencement of the meeting identifying the representative who will address the City Council on behalf of the group or organization. 6.5 (5) Time Limits: Speakers before the Council shall limit their remarks to no more than three (3) minutes for public hearing items provided that applicants for land use or other public hearing items and their agents shall limit their remarks to five (5) minutes or less per speaker and shall have a maximum of fifteen (15) minutes to speak to the item. Citizens reports shall be limited to four (4) minutes or less. Groups or organizations comprised of ten or more members shall limit their remarks in accordance with the parameters established in paragraph 6.4d (2-290(4). At the discretion of the presiding officer or a maj ority of the City Council, any speaker may be granted an extension of time to speak. nrnl prAnAr~+~~lnr~n her ~i~~ ~/~nr~~rYAr• ~/~n1-~Arr rAnllirlr~rv ~hA ~nlmr~il~n n1-~Ar~~inn nr V.V ~Vl 1J111,L1 1 1~~7~11~(.L1.1V11~7 DUI r V1ll.y lVl(.Lll(.L~~(1~. 1Y1l.L~l.V1~J 1Vr\.11.L11111~ 1.11V VVI.Llltrll ~.J l.~l.l.\r111.1V11 Vl /]!Y'~Y11Y1__[IT~]P~ m~lil _l~_ni7A___~pZIA~l1Y1AI~ /]?TAr ~Y1A r1Afl~1]_>1p -fnr ~A1_]ZlprSl n-F_t1~A_[ITr11-fpn nnmmi_lnin_ntinr~_ fn t11p (.LVL1V11 VY111V11 111(.6' 11(.6V V 1.6V V~1V~JV\.l (.L1L~111.11V~ryI.LV(.61.L1111V 1V1 \.LlillTVrVl~' Vl Lll~y VY111.1,V11 VV1111111.L111~J(d,L1V11 l.V ~11V (~nlmnil m~~~ 1,A v~rArAr~~Arl nrnll~l 1,~1 ~NA 1 1~[7 ~~/]Y1/](TAr It ~nrYY1/]1 1 n11Y11~11 ~n~inr~ nY1 C~71111A/~~ 1Cr . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . l~Vlilllril ll(,6~' l7L ~71V~.7V1l.Ll.[ i71G6i1~ [.7~ I.11V V1G~' iY1C:I.11t~~V1. 11 I[1ii11C~1 VVI.[111J11 ~61rL1V11 V11 _u ~JLiL7JVV~ 1~;7 ranll~rorl rnlnl~ nn~~nn mn~r l,a ~~l~v„ nr~l~~ ~~~l~,a nrn~T~rnnr~r n~~l-,o Tovnc+ (l,-,v,~ 11~loa+~r~rYr n~ l~,n~~o l~,ov„ 1V~1.61r1V~16, JI.Lt+ll (.6VL1V11 111(.6' UV ~L111V11 Vlll~' 11 1.11V rJ1V V 1~J1V11~J Vl 1.11V 1 VL>(,6~J V~JVll lV1VV6111~~J L l,t+l. 11(.6V V UVVll ~...~..'~1..C~.T1..P.,('~...... .~u61.~llvu 6.6? (?6) Presentation of Proclamations: The agenda may provide a time for the presentation of proclamations. The Mayor or presiding officer may deliver and present proclamations upon the request of citizens. Proclamations may encompass any activity or theme except that proclamations with a theme religious or partisan in nature shall not be presented. Moreover, proclamations shall not be used for any commercial or advertising purpose. 7. CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS (2-29(x)) 7.1 (1) Printed or Typewritten Form: All ordinances and resolutions shall be presented to the Council in printed, typewritten or electronic form. The Council may, by proper motion, amend any ordinance or resolution presented to it at the meeting at which it is presented or directs that the amended ordinance be placed on the next or any future Council Agenda for adoption. 7.2 (2) Cit. Attorne~pp~: All ordinances, resolutions, and contracts and amendments thereto, shall be approved as to form and legality by the City Attorney, or he or she shall file a written opinion on the legality of such ordinance, resolution or contract prior to submission to the Council. (Charter, Section 6.02). 7.3 (3) Distribution of Ordinances and Resolutions: The City Manager shall prepare copies PAGE 9 11CODAD1DepartmentslCityManager's OfficelcmolBoard & Commission handbooklAgenda ItemslRules of procedurelCC Rules of Procedure draft.doc . of all proposed ordinances and resolutions for distribution to all members of the Council at the meeting at which the ordinance or resolution is introduced, or at such earlier time as is expedient. 7.4 (4) Recording of Votes: The yeas and nays shall be taken upon the passage of all ordinances and resolutions and the vote of each member shall be recorded in the minutes. (Charter, Section 2.06 (b)). 7.5 (5) Majority Vote Required: An affirmative vote of four (4) members is necessary to repeal any ordinance or take any official action in the name of the City except as otherwise provided in the Charter, by the laws of the State of Texas, or these Rules. (Charter, Section 2.06). 7.5.1(a) Tie-Vote: Matters voted on by the City Council which end in a tie-vote shall automatically be placed on each subsequent Council meeting agenda until a full Council is present. 7.6 (6) Demand for Roll Call: Upon demand of any member, the roll shall be called for yeas and nays upon any question before the Council, with the exception of those circumstances set forth in Section 7.12, The Previous Question. It shall not be in order for members to explain their vote during the roll call. 7.7 (7) Personal Privilege: The right of a member to address the Council on a question of personal privilege shall be limited to cases in which his or her integrity, character, or motives are assailed, questioned, or impugned. 7.8 (8) Dissents and Protests: Any member shall have the right to express dissent from or protest against any ordinance or resolution of the Council and have the reason therefore entered upon the minutes. Such dissent or protest may be filed in writing, and presented to the Council not later than the next regular meeting following the date of passage of the ordinance or resolution objected to. 7.9 (9) Voting Required: No member shall be excused from voting except for lack of information and except on matters involving the consideration of his or her own official conduct, or where his or her personal interests are involved in accordance with Chapter 171, TEX. LOC. GOV' T CODE ANN. (Vernon 2009), and in these instances he or she shall abstain. Any member prohibited from voting by personal interest shall announce this at the commencement of consideration of the matter and shall not enter into discussion or debate on any such matter and shall leave the meeting room. The member having briefly stated the reason for his or her request, the excuse from voting shall be made without debate. 7.10 (10) Order of Precedence of Motions: a. The following motions shall have priority in the order indicated: 1. Adjourn (when unqualified) and is not debatable and may not be amended; 2. Take a recess (when privileged); PAGE 10 11CODAD1DepartmentslCityManager's OfficelcmolBoard & Commission handbooklAgenda ItemslRules of procedurelCC Rules of Procedure draft.doc . 3. Raise a question of privilege; 4. Lay on the table; 5. Previous question (2/3 vote required); 6. Limit or extend limits of debate (2/3 vote required); 7. Postpone to a certain time; 8. Commit or refer; 9. Amend; 10. Postpone indefinitely; 11. Main Motion. b. The first two motions are not always privileged. To adjourn shall lose its privilege character and be a main motion if in any way qualified. To take a recess shall be privileged only when other business is pending. c. A motion to adjourn is not in order: 1. when repeated without intervening business or discussion; 2. when made as an interruption of a member while speaking; 3. while a vote is being taken. d. Only certain motions maybe amended as provided in the most current edition of Robert's Rules of Order, revised. A motion to amend shall be undebatable when the question to be amended is undebatable. 7.11(11) Reconsideration: A motion to reconsider any action of the Council can be made not later than the next succeeding official meeting of the Council. Such a motion can only be made by a member who voted with the prevailing side. It can be seconded by any member. In order to comply with the Texas Open Meetings Act, any Council member who wishes to make such a motion at a meeting succeeding the meeting where the action was taken shall notify the City Manager to place the item for reconsideration on the Council agenda. No question shall be twice reconsidered, except by unanimous consent of the Council, except that action related to any contract may be reconsidered at any time before the final execution thereof. A matter which was not timely reconsidered in the manner provided by this section or was reconsidered but the action originally taken was not changed by the Council cannot be reintroduced to the Council or placed on a Council meeting agenda for a period of six (6) months unless this rule is suspended as provided for in these Rules of Procedure. PAGE 11 11CODAD1DepartmentslCityManager's OfficelcmolBoard & Commission handbooklAgenda ItemslRules of procedurelCC Rules of Procedure draft.doc . 7.12 (12) The Previous Question: when the previous question is moved and seconded, it shall be put as follows: "Shall the main question be now put?". There shall then be no further amendment or debate; except that nothing herein shall allow the previous question to be called prior to a least one opportunity for each member of the Council to speak on the question before the Council. Any pending amendments shall be put in their order before the main question. If the motion for the previous question is lost, the main question remains before the Council. An affirmative vote of 2/3 of the Council shall be required to move the previous question. To demand the previous question is equivalent in effect to moving "That debate now cease, and the Council shall immediately proceed to vote on the pending motion" . In practice, this is done with the phrase "Call for the question", or simply saying "Question". 7.13 (13) withdrawal of Motions: A motion may be withdrawn, or modified, by its movant without asking permission until the motion has been stated by the Presiding Officer. If the movant modifies his or her motion, the seconding council member may withdraw his or her second. After the question has been stated, the movant shall neither withdraw it nor modify it without the consent of the Council. The subject different from that under consideration shall be admitted under color of amendment. A motion to amend an amendment shall be in order, but one to amend an amendment to an amendment shall not be in order. 7.14 (14) Appropriations of Money: Before formal approval by the Council of motions providing for appropriation of money, information must be presented to the Council showing purpose of the appropriation. In addition, before finally acting on such an appropriation, the Council shall obtain a report from the City Manager as to the availability of funds and his or her recommendations as to the desirability of the appropriation. 7.15 (15) Transfer of Appropriations: At the request of the City Manager, at any time during the fiscal year, the Council may by resolution transfer an unencumbered balance of an appropriation made for the use of one department, division, or purpose; but no transfer shall be made of revenues or earnings of any non-tax supported public utility to any other purpose. 8. CREATION OF COMMITTEES, BOARDS AND COMMISSIONS (2-29(h)) 8.1 (1) Council Committees: The Council may, by resolution and as the need arises, authorize the appointment of Council committees. Any committee so created shall cease to exist when abolished by u mu~viit~' ~roteresolution of the Council. 8.2 (2) Citizen Boards, Commissions, and Committees: The Council may create other Committees, Boards and Commissions to assist in the conduct of the operation of the City government with such duties as the Council may specify not inconsistent with the City Charter or Code. Creation of such Committees, Boards and Commissions and memberships and selection of members shall be as provY~e~ by the -Council resolution if not otherwise specified by the City Charter or Code. Any Committee, Board, or Commission so created shall cease to exist when abolished by a iiia~orit~T of the -resolution Mote ~f approved by the Council. No Committee so appointed shall have powers other than advisory to the Council or to the City Manager, except as otherwise specified by the Charter or Code. PAGE 12 11CODAD1DepartmentslCityManager's OfficelcmolBoard & Commission handbooklAgenda ItemslRules of procedurelCC Rules of Procedure draft.doc . 8.3 (3) Appointments: a. Individual City Council members making nominations for members to citizen boards and commissions will consider interested persons on a citywide basis. b. The City Council will make an effort to be inclusive of all segments of the community in the board and commission appointment process. City Council members will consider ethnicity, gender, socio-economic levels, and other factors to ensure a diverse representation of Denton citizens. c. The City Council will take into consideration an individual's qualifications, willingness to serve, and application information in selecting nominations for membership to each board and commission. d. In an effort to ensure maximum citizen participation, City Council members will continue the general practice of nominating new citizens to replace board members who have served three consecutive, terms on the same board: per the provisions of Denton Code of Ordinances, Sec. 2- 65. e. Each City Council member will be responsible for making nominations for board and commission places assigned to him or her, which may, shall correspond to the City Council member's place. Individual City Council members will make nominations to the full City Council for the governing body's approval or disapproval. 8.4 (4) Rules of Procedure: Board, any Commission and Committee members shall comply with the provisions of Article III of Chapter 2 of the Code of Ordinances. Each Board, Commission and Committee member shall be provided a copy of these rules of procedure a t~ each ~.~~'i~vr~ ~,~nr~ r~nll n~nY,+ rii~oc+ ~~,~rnno~iiro n~lrorr,~v,n +l,v nv~orn~~nv► n~ ~~r ~,nnr~ ~v►nnrv~nrn+,~n Con+~nv~c+ 7 UV(.Llll ~Jll(,Lll (.L~.LV~l~ 11.L1VJ Vl ~J1VVVl.ll.L1V ~V Y Vllllll~ 1,11V V~JVl(.LL1V11 Vl 1LJ UV(.Lll.l, 111VV1~JV1U.~111~ IJVV~1V11J Lr, S, ~ hprpn-F..t~cnF~r ~c ic..,pnrci~IA...and a copy of the City of Denton Handbook for Boards, ✓ ✓ (.L111.L ~ 11V1VV1 111~JV1(Al (.L~J 1~J V~JiJ1V1V. Commissions and Committees, which shall govern operational procedures of such Boards, Commissions and Committees. 9. VOTES REQUIRED (2-29 (i)) Questions on which the voting requirement is varied by the Charter, State Statutes and these rules are listed below: 9.1(1) Charter and State Statutory Requirements: a. Charter Amendment -Five Votes: Ordinances submitting proposed Charter amendments must be adopted by atwo-thirds vote of the Council. (Article XI, Section 3, Texas Constitution and Chapter 9, Texas Local Government Code (Vernons 2009.) For a seven member Council, this means five members must vote affirmatively. b. Levying Taxes -Five Votes: Ordinances providing for the assessment and collection of PAGE 13 11CODAD1DepartmentslCityManager's OfficelcmolBoard & Commission handbooklAgenda ItemslRules of procedurelCC Rules of Procedure draft.doc . certain taxes require the approval of two-thirds of the members of the Council (Section 302.101 Texas Tax Code) (Vernons, 2009). c. Chan in. Paving Assessment Plans -Five Votes: Changes in plans for paving assessment require atwo-thirds vote of the Council (Section 313.053(e) Transportation Code, Vernons 2009). d. Changes in Zoning Ordinance or Zoning Classifications: In cases of a written protest of a change in a zoning regulation or zoning classification by the owners of twenty (20%) percent or more either of the area of the lots included in such proposed change, or of the lots immediately adjoining the same and extending two hundred feet (200') therefrom, such amendment shall not become effective except by the favorable vote of three-fourths (3/4) of all members of the City Council; six (6) votes of the City Council is required to override the decision of the Planning and Zoning Commission that a zoning change be denied (Section 211.066 Tex. Loc. Gov't Code and Section 35.3.4.C.(4) Denton City Code (Development Code). e. Amendment of Tax Abatement Policy: The guidelines and criteria adopted as the City's Tax Abatement Policy may be amended or repealed by a vote ofthree-fourths (3/4) of all members of the City Council (Section 312.002(c)) Texas Tax Code (Vernons 2009). 10. SEVERABILITY CLAUSE (2-29(i)) That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 2. That Ordinance No. 200-1?58-159 is hereby repealed. SECTION 3. That this Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2009. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER VVALTERS, CITY SECRETARY BY: PAGE 14 11CODAD1DepartmentslCityManager's OfficelcmolBoard & Commission handbooklAgenda ItemslRules of procedurelCC Rules of Procedure draft.doc . 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H ~ ~ ~ ~ ~~~o~ ~ N ~ ~ ~ ~ O ~aU~i~' u1 aA c~ ~ a v ~ U 4~ ~ ~ ~ I~j ran ~ ~ ~ U ~ ~ 0 . ~ ~ ~ ~ ~ 0 N N ~ U ~ ~ ~ ~ . ~ r~ ~ ~ ~ U ~ ~ bIJ ~ U ~ ~ ~ ~ N p ~ ~ s1 • ~ ~ ICI ~ ~ ~ " U ~ 0 ~ ~ • ~ bUp ~ ~ U ~ ~ ~ ~ ~ " ~ v a? ~ d? ~ ICI ~ 0 ~ ~ 4~ ~ ~ U • ~ ~ ~ ~ ~ ~ ~ 0 0 N c~ M N ~ ~ N U ~ N ~ ~ ~ U N 0 ~ ~ ~ ~ ~ ~'~N I■~ ~ ~ 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 0 ~ r^ ~ ~ N ~ ~ 0 V1 N ~ ~ N N 0 w~~ ~a~ ~~a~ a~~-.~+~~~ap~~~oo~~ a~~~ h~l U ~ ' ('I~~~"i~'1 tap t~ b~y U~ 0 6' ~ ~ ~ , I~1' c~ 0 ~ ~ ~ ~ ~ ~ ~ • ~ . ~ ~ ~ ~ by ~ ~ by ~ ~ bU ~ ~ v, U ~ ~ ~ ~ 5 ~ U ~ bUij ~-I ~T~ ~ W ~ 0~ 0 ~ N ~~NNU~~ ~ N N ~ ~ c~ O ~L ~ ~p.~UV~ ~,~a' t0 N aA c~ ~ a v ~ W ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~0 ~ O ~~~~0 ~~~,~U A GQ~ ~ 0~ N U U~ ~ 0 W ~ 0 ZU ~ ~ ~,N N'~ ~ ~UU ~ ~ ICI ~ ~ . ~ ~ ~ ~ ~ ~ ~ ~ U ~ ~ ~ • ~ ~ ~ v ~ aI•~~~ ~ ~~~~v ~ ~~`o W.~ ao~Q U ~ ° U ~U 0~ U 0 N ~ N 0 ~ ~ ~ . ~ r--~ U ~ ~ ~ U ~ ~ U ~ O D U ~ U~ 0~ N ~ ~ c~ -p . N ~L N ~ 0 ~ ~ ~ ~ U ~ ~ 0 U ~ ~ U 0 ~ cd ~ N ~ ~ 0 N ~ N ~ N N 0 ~ 0 ~ N ~ ~ ~ U ~ ~ U ~ ~ Z ~ ~ ~ ~ ~ ~ ~ ~ U~ v o ~ ~ 0 N~ ~ ~ ~ ~ ~ Q ~ ~ .0 U ~ ~ ~ ~ 00 ~ N ~ 0 04 ~ 0 ~ b1J N ~ ~ cUd ~ ~ ~ ~ ~ ~ 00 ~Q U c~ ~ ~ U U ~ ~ 0 0 ~ ~ U ~.0 ~ ~ ~ N ~ 0 c~ ~ ~ ~ ~ 0 ~ 0 ~ Q ~ ~ ~~U ~~U~ ~ a~ ~ ~ a~ ~p~ ~0 ~o~~ o ►~~Ua' ~U ~ ~U ~G~ ~a ~ a~ a~ c~ ~ ~ a N A~ ~ N ~ ~ ~ ~ ~ •O ~ 0 ~ ~ ~ ~ ~ ~ ~ 0 ~ ~ N ~ ~ ~ ~ ~ ~ 0 ~ ~ U N N ~ ~~~~~~~o~Z~~~ ~A ~ ~Ua~o ~A ~ ~~o I~~ ~ ~ ~ ~ ~ 0 ~ ~ 0 U ~ V~ ~ N ~ o ~ ~ U1 ~ ~ ~ ~ ~ o~, 0 0 0~~~ o ~ 0 ~ o ~ ~ ~ 0 0 ~ .~UUo~UU~+~~Uo oopQ oo ~¢.,U~,~~U ~pq oo a~~~ a~ ~ ~ W ~ ~ ~ ~ ~ ~ o ~ o ~ ~ ~ ° ~ ~ ~ v ~ ~ ~ o ~ ~ U U 0 0 U W 01 ~ N~ ~ W~ ~ 0 0 ~ ~ 0 N U N 0 ~ ~ N ~ ~ ~ ~ ~ ~ N ~ ~ N ~~.~U~~U,~~~ ~0 ~0 ~o~ U ~ ~ ~~U ~ V~ a~U ~ o~~ U~ ~ ~ U~U~U~ ~ ~ ~ ~ qua a~ ~~~~a~ o o Who ~~.~U~~o~~~~ ~ ~~~~o ~ ~U ~ ~ ~ ~ U~ ~ ~~o~; ~ ~ ~ ~ U U U y~ 0 ~ c~ 0 ~ ~ 0 . ~ ~ o ~ 0 a~ o •~~~~U ~ ~U oU~ oopQ oo U ~ ~ oo o~~ o~~ ~°o ~°o W ~ r U U ~ N U U M N . ~ 0 ~ . ~ 0 ~ ~ ~ U ~ U ~ ~ ~ ~ N 01 ~ ~ ~ ~ 0 ~ ~ c~ ~ 0 ~ ~ ~ O ►~U ~ ~U ~ 00 N O ~ ~ ~ ~ o~ ~ ~UU~o ~o~~ o ~ o~ o~ ~ ~ ~ ~ a~ ~ Q ~ ~ ~ ~ ~ N ~ o~~~ o ~ ~ ~ ~ o-o ~ ~U ~ ~U ~ N ~ ~ ~ ~ ~ ~ U 0 ~ 0 ~ ~ ~ ~ U ~ ~ ~ ~ ~ 0 ~ ~ ~ 0 A v~ ~ •U ~ O O O U Q-,'~ ~rTT~1 ~ V1 ~ ~ N 0 ~ ~ ~ N N ~ N ~ ~ ~ ~ 0 ~ ~ ~U~ ~ ~ ~ ~ ~ 0 ~ a~ ~~oo~~ ~o~.~o~o~ooo ~UU~ ~ ~U °UP~ ~ ~..~~U ~U ~ o ~~o,o ~ ~ W ~ o ~ o oU~~ ~ ~ ~ x o • ~ a~ a~ ~ • ~ ~ ~ ~ ~ U 0 0 0 ~v~~ ~ ~ ~ ~ ~ ~1vv~o ~I ~ ~ ~ ~ ~ ~ N ~ ~ ~ ~n • ~ ~ ~ ~ ~ ~ ~ ~ ~ c+~ ~ ~ ~ p N 0 ~ ~ ~ ~ N N ~j ~ 0 ~ ~ 0 ~ ~ ~ N ~ 0 ~ 0 ~ ~ V1 ~ U ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 ~ • ~ o~~~o ~~~~~o~~~ N v U~ 0 ~ N p ~ ~ ~ ~ v ~ ~ 0 0 N 0 0 0 0 0 ODU~ ~ ~U ~U ~ 0 ~ ~ ~ 0 ~ ~ 4? 0 ~ rT1 ~ •O h~l ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 ~ ~ ~ ~~U o~ ~o~ ~o~ o a~ tw c~ a Agenda Information Sheet AGENDA DATE: July 21, 2009 Questions concerning this report may be directed DEPARTMENT: Finance to Ethan Cox 349-7421 ACM: Jon Fortune SUBJECT Receive a report, hold a discussion, and give staff direction regarding the potential closure of the City of Demon's Utility Customer Service facility located in the Golden Triangle Mall. BACKGROUND During the March 10th City Council meeting, a department strategy related to the City's Utility Customer Service Department was presented. Key elements of the strategy included the need to provide customers better payment options, reduce the amount of "walk in" customer interactions, and limit or reduce the number offull-service payment locations. In addition, the strategy indicated that staff would attempt to limit future cost increases and improve the operational efficiency of the Customer Service Department. In an effort to realize budgetary savings and progress toward the goals outlined in the strategy, staff would like to consider the potential closure of the Customer Service facility located in the Golden Triangle Mall. City Hall in the Mall is a full service counter location that handles requests from customers who walk in to make payments or request transactions. Statistical trends indicate that payments comprise a large portion of the requests made at this location. The recent additions of limited service payment locations throughout the city and the continued development of self service tools provide customers more options to pay their bills. Staff is of the opinion that continued support of these initiatives reduces the need to maintain the Mall facility. If the closure of this facility is approved, staff estimates over $50,000 annual savings as well as the ability to limit future increases in staff. Customer Service will relocate the staff currently located at the Mall facility to Customer Service's central location at City Hall East and extend the hours of operation. Sixty (60) day notification will be provided to both the Mall's property owners as well as the City's utility customers. Amore complete discussion of the proposed course of action is described in the attached PowerPoint presentation. ESTIMATED SCHEDULE OF PROJECT The current agreement between the city of Denton and Feldman Properties expires on September 30, 2009. The City Hall in the Mall operations will transition to City Hall East by September 30, 2009. Agenda Information Sheet July 21, 2009 Page 2 EXHIBITS 1. PowerPoint Presentation Respectfully submitted: Bryan Langley Director of Finance Prepared by: Ethan Cox Customer Service Manager J Z a O ~ ~ w ~ z ~ ~ V Z N - p J J O~ J ~ Q V o = Z ~ ~ ~ ~ O V V I I I N O ~ i ~n in a N } } ~ ~ ~ N ~ ~ ~ _ ~ ~ ~ ~ ~ ~ N ~ O N U ~ ~ ~ ~ v ~ p ~ N N O ~ ~ ~ ~ s } ~ v ~ ~ } ~ a p O ~ ~ O } 3 v ~ ~ _ } Q a s ~ ~ ~ a ~u ~ ~ a •a 2 = ~ T ~ ~ O ~ U _ ~ O ~ ~ } ~ ~ V } s } Q ~ ~ i V ~ ~ Q N ~ N Q ~ ~ Q } ~ X } } N ~ ~ N v ~ v ~ o o ~ U ~ ~ } a - > ~ N s N ~ H H ~ y i Q L ~ O Q ~ N i ~ N Q ~ V ~ N N ~ Q •y ~ ~ ~ ~ O ~Q N 3 N ~ N V ~ i - .i O } ~ ~ ~ ~ ~ ~ N ~ ~ ~ N r ~ N ~ j ~ ~ ~ Q O ~ ~ ' _ ~ i ~i N ~ N ~ ~ ~ ~ N = ~ ~ ~ ~ ~ ~ a ~ ~ M H } - O ~ ~ i ~ ~ V N a O ~ ~ a p _ ~ ~ Q ~ O ~ ~ ~ s~ } ~ V a~i O W N Q V~ V ~ ~ L ~ ~ ~ ~ ~ ~ ~J w - ~ ~ ~ ~ V ■ ~ ~ ~ I- ■ C ~ ~ u ~ ~ J ~ ~ U ~ ~ C ~ ~ ~I ~ ~ ~ ~ Q~ ~ • 3 ~ ~ ~ ~ ~ ~ N . cn ~ ~ - ~ ~ - 0 - ~ 0 0 ~ ~ ~ ~ ~ V V ~ 0 ~ • ~ ~ 0 N ~ ~ ~ ~ ~ 41 N ~ ~ 0 ~ 0 4~ s ~ ~ ~ ~ ~ 4~ ~ L ~ 0 ~ ~ ~ ~ ~ ~ 0 ~ • _ 4~ 41 4~ ~ ~ L ~ 0 ~ ~ ~~s 0 - o~~a~ ~ ~ ~ V 0 ~ 0 _ ~ o s ~ ~ I o ~ v 0 ~ o ~ N _ ~ ~ 4~ ~ ~ 00 U ~ cn ~ N v ~ to 0 0 0 4~~~ J V ❑ ❑ 0 N T T ~ } ~i ~ ~ ~ ~ O } "c c ~ Q Y C ~ ~ } 3 a~ C H ~ ~ ~ ~ ~ T ~ ~ a ~ a a ~ ' ~ ~ Q a o ~ > ~ ° ~A, ~ .u ~ ~ ~ N W N ~ ~ Q ~ h H ~ N v O ~ ~ ~ ~ _ ~ ~ ~ ~ ~ _ ~ c ~ ~ ~ ~ ~ Q T T ~ U ~ ~ ~ o ~ a~ O s } ~ o ~ o ~ ~ a~ } ~c ~ y S N ~ N ~ u X N S ~ ~ ~ O ~ ~ ~ } ~ ~ ~ V O •O ~S 0 ~ } ~ L L L ~ N L T m J V ~ ~C ` W } ~ ~ ~ a S ~ S 0 ~ ~ i ~ u ~ ~ ~ •L ~ ~ ~ ~ ~ .L O ~ ~ N > u~i } s ~ ~ } ~ ~ N N w} a} j E N V} ~ ~ ~ ~ ~ ~'~n N ~ i ~ ~ ~ ~ ~ ~ ~ N N ~ ~ ~ 0 3 ~ } i N ~ ~ H 1/~ ~ O ~ ~ ~ C } ~ yTj T I~°~ QM ~ 3 o N Q ~ 0 M } ~O - ~ ~ ~ O •u ~ N } ~ } a ~ ~ ~ ~ O~ ~ o N N N ~n O ,C LPL o ~ } T ~ ~ ~ ~ ~ 3 0~ ter'' o NOs} ~ ~T ~ ~ ~ c~ ~ ~ ~ O ~ ss N ~ ; ~ ~ ~ .N ~ N a ~ a O O ~ L~ V u~ a c a~ ~ s~ s ~ ~ ~ = a O~~ a N ~c ~ Q ~ c N 7 C~ ~ u N N U a Q~} Q} N L ~ ~ 3 ~ ~ N ~ ~ ~ ~ N LL s ~ v' > O a ~ ~ s S 3 V ~ N 7' C L ~ ~ O i ~ V Q } p ~ X ~ N ~ W t ~ ~ } U ~ O t ~ N C ~i ~ ~ ~ LL ~ ~ ~ ~ C a ~ ~ Q i ~ ~ ~ } ~ i ~ ~ ~ ~ v ~ O ~ ~ ~ Q - Y v~ ~ ~ V NC ~ ~ N ~ a C O V ~ ~ N ~ O N a N ~ } N ~ QN. ~ Q ~ ~ O - r ~ O ~ ~ T ~ v~ ~ •L ~u ~ ~ ~ Q s ~ } ~ ,N N ~ ~ ~ ~ ~O 00 X ~ O c~ ~ i 7 w ~ ~ ; ~ ~ ~ ~ N , M ~ } ~ ~ O ~ ~ C ~ ~ ~ Q C~ j U} N Q w ~ V Q<, ~ ~ V~ L.L ~ jj// ti yr' FFF i ~ ~ 1 r r~llJ ~ + ~ 1'a i • r , W ~ ~ t~; ~ ~ ~ ~f 1 1 i ~ ~ ! - - I f ~ ~ ~ ~ ~ - B 2 ~ ~ ~ r C ~ J .ff ~ r T y~ ~k~ ~ ~ ~ ~ ~ LL ~ F ~ ~!1■ s ~ 5 ~ ~v~ ,e~t ~ H r ~ ~o v:~ ~ ~ J ~ s ~ N V ~ ~ ~ ~ N ~ 0 ~ ~ s ~ ~ ~ N 0 ~ ~ ~ N ~ ~ V ~ 0 ~ ~ 0 - ~ Q~ ~ - V 0 0 s _ ~ ~ ~ ~ ~ N . > 0 ~ ~ w 0 _ 4~ 4~ ~ ~ • - 0 ~ ~ ~ ~ ~ ~ ' 0 ~ O ~ 0 • ~ , ~ ~ ~ ~ ~ L 0 cn V ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ V ~ V N v 0 N 41 0 0 _ w 0 0~- 0 ~ V ❑ ❑ ❑ r O N ~ ~ p ~ ~ ~ N ~ s if} ~ ~ O ~ ~ j ~ vi .p N N ~ ~ i V i ~ ~ ~ ~ _ ~ `i' O ~ •3 ~ ~ a 0 3' o ~ ~ ~ ~ ~ o a~ ~s ~ N ~ N ~ o • O .p ~ ~ ~ ~ > U O ~ ~ ~ ~ ~ ~ N O _ ~ O N ~ ~ ~ •j ~ ~ ~ N ~ O } ~ N V ~ ~ N ~ ~ O N 0 ~ 0 O ~ i a N ~ a ~ j N Q Q ~ V Q Q ~ s V} V a V ~ N i ~ ~ i ~ 'Q 3 x o ~ a~ ~ ~ ~ a~ c' ai o ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ = 3 a~ ~ ~ 0 3 ~ ~ ~ N ° ~ ~ ~ a~ o } N j ° ~ .3 O O Q V ~ ~ V ~ O N Q ~ ~ ~ ~ ~ O = ~ H '3 ~ N^, ~ ~ ~ c i } V ~ ~ N y } } ~ ~ ~ N O S T T ~ N ~ N } a a ~ ~ ~ o N ~ ~O ~O H O ~ ~ Y ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ a s ~ ~ H ~ a v c ~ H ~ X ~U U ~ Q ~ C C ~ W ~ M ~ a ~ a _ O ~ t a ~ ~ } ~ ~ ~ ~ T _ ~ ~ 0 3 0 0 c ~ } ~ ~ } ~ ~ ~ u N~~ C N ~ Q ~ s O S ~ ~ Q N ~ ~ } ~ y ~ ~ •V V U L .3 ~ ~ L Q o ao ~ ~ o ~ s a N ~ E N w o~ > j ~a E _ ~ ~ ~ ~ ~ } O ~ ~ } = L ~ ~ ~ a~ 3 ~ ~ T o te s> a ~ ~ V N N ~ N O ~ ~ ~ ~ ~ } .O X u Z ~ ~ ~ ~ ~ ~ w O V This page left blank intentionally. AGENDA INFORMATION SHEET AGENDA DATE: July 21, 2009 DEPARTMENT: Planning and Development ACM: Fred Greene SUBJECT Receive a report, hold a discussion, and give staff direction regarding the status of funding applications submitted by the City of Denton under the American Recovery and Reinvestment Act (ARRA) . BACKGROUND As of July 1st, several applications have been submitted to various Federal and State agencies. These have been submitted directly by the City or through a collaborative effort with another entity. Collaborative efforts include the Diesel Emission Reduction Grant application submitted by the North Central Texas Council of Governments, and the Byrne Justice Assistance Grant submitted by Denton County. Applications are still pending on the SmartGrid metering infrastructure, and the Broadband Technology funding. Three of the grants under which the City is requesting funds are "formula" grants. A "formula" grant provides apre-determined amount of funding to an organization to carry out projects related to a specific area. Below are the three formula grants that the City has applied for: 1) Energy Efficiency and Conservation Block Grant (EECBG) - $l,l 17,000 2) Byrne Justice Assistance Grant - $175,212 (through Denton County) 3) CDBG-R - $232,917 Environmental Quality has submitted the EECBG application and, upon approval by the Department of Energy (DOE), will receive $65,000 to prepare an Energy Efficiency and Conservation Strategy (EELS). The EELS will then be submitted to DOE as a request for the remaining $1,053,000 available to the City of Denton in formula funds. The application for CDBG-R funds was included with the 2009 Action Plan which is the City's application for 2009-2010 CDBG and HOME funding. CDBG-R funds should be available in August. The ARRA Chart will continue to be updated to provide information on the status of each funding application. Information on "inactive applications" and funding awards will also be included. Inactive applications are instances where funding requests were denied or, were not submitted due to project/program ineligibility or circumstances that made the proposed application non-competitive. ESTIMATED PROJECT SCHEDULE During the past several weeks funding agencies have, in some cases, delayed application submission dates. It is apparent that funding for the various projects and/or programs will become available at different times throughout the next several months and possibly into 2010. Funding will be required to be spent within two to three years of each award. Agenda Information Sheet July 21, 2009 Page 2 PRIOR ACTION/REVIEW (Councils, Boards, Commissions) On March 10, 2009 Council approved an ordinance giving the City Manager authority to submit funding applications under ARRA programs. FISCAL INFORMATION Finance Department staff is participating on the ARRA Committee and receives information from committee members regarding any matching fund requirements, "maintenance of effort" or other local contributions that may be required as a result of a funding award. EXHIBITS 1. ARRA Chart Respectfully submitted: Fred Greene Assistant City Manager Prepared by: x Barbara Ross Community Development Administrator Ql O ~ ~ ~ ~ u ~ ~ C L Y 0 Y ~ L L ~ C Y v C W 0 0 ~ 0 i m p GJ m 4J Q Q ~ V m ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ u ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o ~ 0 0 V ~ i ~ f6 ~ ~ U f6 (6 ~ ~ L ~ ~ W ~ ~ f6 C W ~ ~ .L W ~ f6 (0 ~~L ~ ~3~~~~~ v~~ pa a~~oa ~ Boa ~ _ a ~ ~ ~ ac a a ~ ~ 0 1.f~ J O L ~ ~ QJ L L fl. GJ C O N N ~ D ~ ~ ~ ~ ~ ~ GJ ~ ~ ~ 3 3 3 W W L ~ ~ _ vii O _ ~ ~ 0 ~ ~ 0 ~ can ~ U (6 U 3 ~ ~ b~A _ ~ O w O ~ . O O 0 ~ O ~ O O L ~ ~ v a 0 0 O ~ ~ O ~ ~ L ~ 00 00 O ~ - ~ N ~ 0 ~ O ~ U 0 ~ ~ oo ~ o0 0 ~ ~ ~ .0 ~ ~ Q C z v 0 ~ ~ ~ ~ 0 ~ ~ ~ L 0 0 ~ ~ ~ ~ N 0 O O O O ~ U ~ ~ U L ~ ~ ~ vi ~ ~ U c = ~ a ~ Q ~ ~ ~ ~ C ~ Q (6 qA ~ 4J U ~ cn ~ ~ ~ [ ~ O O L N L 0 (6 L bA ~ ~ aJ dA ~L ~ W u~ ~ c6 ~ c6 ~ ~ ~ ~ ~ ~ ~ O C ~ ~ ~ O U = ~ p ~ cL6 ~ ~ L ~ L L D L O c c~ 4J w U w Q c 0 c 0 vi 0 4J ~ f0 ~ t w t 41 ~ O O N 0 t fQ Q N (6 Q N O ~ 41 ~ W=~ N O N m 3 Q ~ 0~ N _O 0 N O_ 0 f6 (6 L ~ Q- u1 ~ f6 > L > L U Q (6 [ ~ ~ O •L N O •L C 0 ~ N ~ ~ N Q~ ~ W Q~ CC ~ ~ L Q L L Q L ~ ~ f0 V1 lD V) ~ In ~ Q W ~ Q G f0 L ~ ~ (6 d f6 N N ~ O ~ ~ ~ ~ ~A1 ~ L U ~ ~ C ~ LA ~ N bA L ~W/ Vl 3 ~ c~ O 0 Q1 O L ~ 0 ~ Y. v ~ 4J L 0 4J C O ~ O 4J ~ ~ ~ L ~ ~ 'a ~ ~ ~ N ~ ~ ~ v v 0 0 ~ ~ ~ O O N `V ~ N ~ ~ ~ ~ ~ ~ ~ qp ~ U ~ ~ ~ ~ ~ N L ~ °A a v o o L ~ ~ ~ ~ a~i 3 ~ ~ L O ~ (0 v ~ v ~ C O In In L 4J L ~ L ~ L .L o a, ~ o ~ v ~ a~ v ~ ~ o ' ~ 0 ~ ~ ~ ~ c6 0 ~ ~ v o ~ ~ ~ O 41 U U O ~ ~ ~ ~ p ~ ~ a U 0 ~ 0 0 > ,n ~ 0 ~ ~ V1 L Q GA L ~ cn O AV ~ ~ = 0 ~ vi ~ ~ ~ ~ b~A 0 ~ ~ 0 U 0 0 0 0 co 4J ~ bA ~ L ca U N ~ U ~ Q - ~ O. L V~ ~ ~ L O ~ 0 ~ N Q v ~ N ~ L U ~ UA Q- L QJ V ~ ~ ~ 11 •L N ~ Q ~ O a..~ L V1 O L ~ ~ ~ O O a ~ u ~ ~ O 0 ~ VI ~ N Q~ ~ ~ I ~ V1 ~ ~ ~ ~ ~ }~.i a ~ - ra ~ ~ ~ ~ p •c6 N ~ C O Q. G4 ~ L N ~ p 0 c6 N d +0.+ > 0 U f~ to ~ O ~ O ~ - v N c6 N L Q L~ ~ W O f 6 ~ U i~ C N L QJ ~ Q ~ a~ a s ~ o co ~ o ~ o v v co L d 0 q~p Q ~ ~ ~ ~ ~ U N ~ cn ~ ~ U ~ 30 ~ 0 C ~ Q ~ Q. C nA 0 O ~ L ~ L ~ C O~ O QJ U L ~ Q. U L ~ N o (6 L ~ p ro r~ v ~ a~ L7 ~ v 0 ~ ~ ~ ~ ~ ~ .3 c ~ u c ~ a~ ~ ~ U ~ o v o 3 ~ ~ 3 ~ u 4; ~ ~ 0 v 41 w ~ ~ ~ of 0 ~ ~ ~ ~ U ~ N i O bA ~ 0 ~ ~ ~ O Q C f0 ~ ~ L V1 VI m°~ a m cn a u w~~ 3 3 a~ o v u~~ U~ v -o u ~ 4J 4J - U - U - U 0 N W W 41 QJ ~ 0 bA 0 bA 0 C1A ~ U ~ ~ Q ~ ~ ~ ~ ~ ~ ~ c ~ c O ~ ~ U U U Q 0 p ca c6 w 0 W O W O Il ~ ~ a a a ~ ~ rl N M ~ I.ff lO Ql O ~ ~ ~ L L L fp p S t S o I\ ~ i, ~ 0 (6 41 41 G1 7 !!1 Q LL w w ~ ~ ~ ~ ~ L v ~ a ~ 0 0 0 ~ ~ f6 m v u v ~ ~ ~ ~ c 0 Q- ~ N ~ O ~ ~ ~ ~ ~ ~ ~ U 0 Q Q Q 0 ~ fD DC ~ ~ ~ ~ O Q L - 4J N O O fl. QJ ~ ~ U U U ~ ~ Q ~ c _ _ _ ~ C O O 0 ~ 3 ~ a a a 0 u ° ~ ~ ~ ~ 00 ~ ~ ~ O ~ v ~ ' ~ ~ ~ 0- N 0 ~ O ~ (0 _0 O - 00 3 fN O _a O ~ 4J f6 ~ Q ~ ~ ~ ~ ~ 0 N ~ O Q u ~ O b0 41 N ~ ~ ? ~ O ~ d N u~i 'Q ~ ~ ~ 0 0 ~ 0 ~ 41 ~ U ~ Q O 0 ~ ~ ~ ~ ~ ~ i= ~ u O ~ N ~ O m 0 O ~ N O U ~ ~ L 0~ L ~ Q U ~ ~ O ~ N ~ ~ ~ ~ ~ aJ ~ O ~ O ~ _ ~ Q V1 _ Q ' 6 (0 0 ~ ~ ~ L O (n ~ .v ~ N C N u ~ 3 m rn ~ a an 3 ~ l~ ~ ~ o Q ~ a~ o ~ ~ ~ a~ _ c~ i j ~ O ~ u ~ ~ c m ~ ~ O ~ ~ ~ p u ~m a i ~ u 3 ~ c Q 0~ a~ t~ t~ ~ V ~ ~ v Q ~ in ~ O ~ ~ t!} ~ ~ ~ cn ~ ~ ~ 0 ~ O Q ~ ~ 0 U cn U ~ cn 0 O- ~ u L Q ~ bA ~ ~ fl. ~ O ~ ~ O ~ Q O O .O 0 _ 0 ~ L Q VI N C O 0 0 QJ L U L Q O 0 41 ~ ~ 0 N ~ C f6 Q N f0 0 ~ p t ~ ~ 0 ~ O N ~ f6 CAA 0 ~ u L c ~ °C o o Q ~ o~ Q Q a\ Q p o~ ~ '3 ~ ~ Q. ° a~ o ~o~ a ~ app 'o~~ ~~o ~c ou ~ o ~ a (0 U U 2 (6 ~ (6 v to ih ~ ~ 0 w Z _ v L L to ~ ~ ~ ~ ~ I1/ ~ 41 cn O !0 ~ 0 c6 '~o c~ ~ ° o ~ w ~ O L c .c ~ L> u ~ m O v Q- ~ ~ 0 ~ ~ O ~ ~ ~ ~ 0 ~ O 0 0 ~ 0 ~ ~ ~ ~ ~ ~ cn u 0 N N Z U ~ C O ~ 0 0 L C O vi N~ O L r6 N p L ~ L ~ QJ ~ L O ~ ~ ~ Q 4J ~ ~ ~ Ill ~ ° ~ aJ W N v m ~ fo ~ u to 0 ~ ~ I~ (6 ~ Q. 0 > U ~ L O L~ 0 L U to ~ C !6 ~ C 0 O - U Q i~ ~y ~ U Q' O N can 4J 0 0 ~ ~ ~ ~ O bA 0 ~ ~ Q ~N ~ ~ 0 Q! L 41 ~ ~ 0 N ~ i 00 C_ ~ 0 ~ L ~ ~ N N~ N O~ U~ O N C N (6 ~ ~ N~ 0 0 N ~ U ~ L ~ ~ Q N ° V QJ ~ ~ ~ L ~ 'U ~ ~ a ~ ~ ~ o ~ o ~ 3 ~ ~ ~ O ~ ~ t vi L w ~ ~ ~ r~ a._+~ w ~ o _ +~c~ ~~a~ a~i ~ ~ " o ~ a~ ~ a~ ~ ~ ~ ~ N o ~ L ~ ao ~ - C ~ ~ ~ ~ 41 0 Q 41 cn N ~ s N L ~ ~ O U f6 ~ o~ O t~ L O u f9 N O 0 O 4J N L 0~ O O t~ Q U U ~ 0 0 0 0~ N dA ~ ° ~ > 3 3 a o ~ a~ a~ ~ ~ > ~ u u w a~ ~ v c ~ ~ ~ ~ ~ ~ v 0 u _ ~ ~ ~ ~ 0 ~ ~ v u OJ O pA 2 ~ 0 ~ p Q ~ 0 0 ~ Q ~ , ~ ~ O C O ~ O C ~ O 0 ~ f0 O •U N ~ ; ~ ~ ~ ~ ~ > aJ ~ ~ ~ ~ Tt ~ ~ L ~ Q L Q~ ~ ° ~ W ~ ~ Q ~ ~ ~ LL a ~ 4J N p ~ O ~ ~ ~ rl rl Ql O lD N lD OJ ~ ~ L ~ L ~ i N~ i N ~ OJ G OC L ~ = L ~ (O 0 ~ 2 °J i m Z ~ ~ ~ L N 0 L ~ ~ Z G ~ m ° (n m ° m ~ ~ N v ~ ~ ~ ~ ~ ~ ~ ~ N ~ ~ 41 Q. Q C V C rry N~ N~~ O 0 O ii ~ ~ L ~ ~ L > ' ~ L ~ ~ L ~ ~ aJ DJ L f6 (0 Q ~ (6 Q ° ° O Q Vl Q 0 ~ ~ U ~ ~ U ~ ~ ~ Z ~ L ~ _ L ~ _ ~ ~ ~ O ~ ~ a ~ a ~ ~ ~ ~ O 0 L U U Q cn L c N C ~ O ~ u ~ ~ V 0 ~ GJ ~ ~ ~ 0 t ~ N L 0 uj ~ ai o c nn ~ ~ Q 3 a~ ~ 3 ~ ~ a oo Q ~ ~ a~~~~ Q s-o L ~ ° c ~ - _ c - C ~ ~ ~ Q, ~ c a ~ ~ o m o - 3 Q ~ ~ L.fl ~ ~ O L ~ ~ X L 0 ~ L L Ql a~ ~ v ~ ~ nn ~ v o ~ Q , U a Q ~ a ~ 3~ O v s ~ V~ v O V ~ 4l O L a ~ ~ N ~ U t ~ li ~ Q X ° o~~~ u L - W ~ ~ ~ c0 3 O ~ ~ N ~ C X ~ ~ ~ O ~ ~ Z ~ ~ ~ ~ ~ ~ ~ ~ t ~ ~ ~ 3 ~ ~ cn L o a L ~ o ~ o 3 Q ~ ~ ~ ~ o 0 ~ GJ 0 ~ f6 ~ N ~ .L ~ ~ L ~ ~ 0 _ L N O ~ L ° ~ 'L L1 (JY N Q - O1 ~ - N O N rl N ~ ~ Q1 ~ 0 V ° Q ,v ~ 0 ~ O V1 N L v O ~ ~ 4A ~ bA 0 N Z ~ ~ ~ ~ ~ ~ ~ L ~ z ~ ~ ~ ~ ~ ~ ° O 3 ~ ~ a~ ~ ~ ~ ~ t ~ v ~ c c ~ ~ ~ ~ ~ ~ ~ t GC ~ O C R O 'L ~ ~ O a c ~ ~ oa Q.~'~ u ~ 3 ~ o`er ~ ~}~~r vcLoa~ 30 o ua,~ °~a~+~ L ~ au~ a ~ r~u 3.3~ °°Q O u~\ L ~ (O C O 0 ~ O ~ 0 L ~ ~ ~ ~ f6 Z ~ ~ ~ .3 ~ ~ ~ ~ ~ ~ O ~ i 03 U ~ Q o a L C f0 ~ In . ~ z a", O O C~ v O N > L~ f6 L L bA ~ ~ ~ U 0 41 L = ~ v O ~ ~ 0 QJ L ~ cn `W ca ~ '3 ~ ~ _ o ~ ~ a o o ~ ~ ~ , a V v 1 ~ V in ~ U v► n~ L~ O v N O U N 41 0 ~ a 0 v, ~ ~ ~ N °c ~ ~ v ~ ~ a, ~ a~ o ~ ~ a ~ ~ ~ ~ o ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o Z 4! ~ ~ ~ ~ c ° a ~ o a nA ~ v a~ L 'bA Q ~ ~ N C Q ~ ~ c}6 ~ c6 N N ~ ~ a~~a ~ ~~o~~ W ° L o ~ ~ ~ ~ ~ Q o ~ v - ~ ~ ~ ~ ~ ~ u Q ~ a ~ c~ _ ~ v L = ~ " 'L c o ~ ~ _ VI O ~ L L.L ~L L L C ~ i ~ ~ ~ ~ ~ 0 L ~ ~ ~ O 0 N ~ (o ~ 4J N - ~ p t ~ VI ~ ~ O L ° ~ L ~ L ~ 'N ~ ~ ~ fD U LL L2 0 ~ ~ LL tin Z ° ~ °U ~ U ~ Q °U ° ~ ° ~ ~ ~ ~ ~ O ~ ~ ~ ~ u ~ ~ ~ ~ _ ~ j ~ ~ ~ Q Q ~ L O ~ L ° ~ L ° ~ L ~ ~ U ~ ~ U = bA ~ = NA ~ ~ O 41 ~ cn ~ a~i vii ~ Q ~ a ~ ~ ~ ~ o o ~ LL ~ ~ ~ a a ~ a a 4J N L ~ ° ~ ° ° ~ ~ ~ ~ ° rl N M ~ I.f'f i i I I Ql O lD N lD OJ ~ fQ C ~ ~ tin ~ ~ j j ~ L ~ Z ~ ~ ~ ~ w ~ ~ ~ ~ ~ ~ _U U_ 'L ~L ~ w w Q ~ Q~ Q~ ~ O ~ ~ O ~ ~ U _O O ~ ~ O aJ ~ ~ N ~ a a o ~ ~ L C_U U_ ~ / L ~ C Z ~ ~ O O 3 O O O U U W W Q ~ 4J 4 N ~ ~ ~ ~ ~ ~ ~ ~ J ~ ~ ~ ~ ~ Q cn a'd L ~ L ~ a'd L ~ L a •0 ~ v m p rl L O O~ 0 c-I L O O~ O ~ L ~ v1 0 Q [ ~ `F ~ ~ O C C s `F a .os~~oo~~ .o~~~oo~~n W ~ r ~ U ~ ~ ~ a ~ ~ w a~ ~ ~ ~ ~ w a~ ~ ~ ~ ~ V N O C O ~ O co 3 ~ ~ O c U t ~ O~ U L ~ o w m a~ ~ o ~ nn ~ o ~ ~ a ~ ~ u o ~ ~ ~ ~ a a~ o ~ ~ v ~ ~ ~ u ~ ~ ~ U L U p f6 (p L U p f6 O Q ~ ~ ~ ~ ~ ~ LO ~ N ~ cn +0.+ L +0.+ QJ N in L ~ ~ aJ S O ~ ~ fL6 ~ ~ I1 ~ S ~ ~ t ~ ~ ~ ~ ~ ~ t ~ L 3 S~ O ~ ~ .V Q \ O L ~ .V ~ \ O L O O cn Q v~ C N Q t N~ O Q ~J ~ t N~ O Q aJ U ~ ~ ~ ~ ~ ° 3 ~ ° oo ~ ~ 0 3 ~ o 00 ~ a N C~ U N U~~ N U N (6 ~ 0 U 4J U N (0 ~ O d \W ~ L ~ . O O L ~ ~ O N L ~ ~ O / ~ Z ~Q a ~ ~ I\ ~ ~ ~ ~ 'L Q~ ~ ~ L f6 L ~ 'L QJ ~ ~ S ~ L _ Q L L •Q m C Q~ L Q 0 41 N L 0 U ~ CC ~ O ~ ~ ~ O Q ~ C ~ ~ ~ Q Z ~ _ Q N d ~ ~ 0 4! (n 41 ~ ~ 0 (0 O .O - Q - O N ~ ~ ~ L L ~ a~ an l~ o p ~ ~ Q 3 W ~ N~ U ~ J Z U O w~ 0 ~w N p 4A ~ O ~ ~ C ~ ~ ~ 0 L ~ ~ ~ > W > c ~ a ~ L o ~ u ~ ~ o ~ ~ - > ~ Q~ Z~ L Q U~ m (6 W Q N Z ~ L~ ~ t ~ a o L - N~ ~ C L U ~ i ~ ~ ~ N 'O ~ ~ U ~ 0 ~ 41 4A O O ~ Q 'v O V i a co ~ ~ O N ~ ~ ~ ~ ~ ~ ~ ~ w U Y. 0 0~~ C _ p~ ~ 0. d~ L Q ~ 0 ~ ~ ~ ~ m a > o ~ L v ~ ~ ~ ~ ~ ~ o n o a~i Q I c a a~ n ~ o ~ v t7~~~ ~ ~~a 3w wQ.~ ~ wa c ~ 0 o ~ ~ ~ ~ L C L Q L ~ ~ Q Q~ Q Q~ ~ 0 0 a>~~~ u°a~~ ua,~ a~ r~ o o +J ~ N Q L m N 'U ~ N .V ~ X Q U Q U a C ~ ~ w p w ~ w ~ ~ l0 I~ 00 01 i i i i i lD N N ~ ~ ~ ~ O N ~ dA C N ~ ~ C a 0 0 x 0 a~ 0 0 °o N i!} O N U N 3 s U Q ~ ~ ~ Q ~ 0 ~ Z ~ ~ ~ ~ U O O ~ O ~ O a ~ a ~ - a Z ~ ~ ~ X 0 a Z z ~ a ~ ~ ~ 0 L ~ ~ L ~ ~ 0 Q fl. L 0 o Q ~ ~ o ~ Q U X ~ W ~ ~ cc~ ~ ~ G ~ f0 C ~ ~ 0 ~ 0 ~ C ~ N r~ N ~ L L L ~ ~ 0 L 0 ~ a U ~ ~ o a~ o ~ Q N ~ ~ ~ ~ ~ 0 00 ~ Q 00 O L 0 N ~ ~ ~ t p ~ ~ ~ I11 ~ O ~ ~ ~ O ~ ~ O ~ V ~ N ~ j j ~ ~ 0 0 L ~ Q 0 ~ ~ 3 L ~ a~ _ ~ ~ ~ 3 ~ ~ ~ 3 ~ ~ ~ ~ U C O p ~ O O ~ ~ ~ D~ ~ ~ ~ ~ ~ N m ~ This page left blank intentionally. AGENDA INFORMATION SHEET AGENDA DATE: July 21, 2009 DEPARTMENT: City Manager's Office CM/DCM/ACM: George C. Campbell, City Manager SUBJECT: Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Hearts for Homes; providing for the expenditure of funds therefore; and providing for an effective date. BACKGROUND: This agreement allows for the total expenditure of $543.00 (Council Member Charlye Heggins, $243; Council Member Moreno, $100 and Council Member Joe Mulroy, $200) from Council Contingency Funds. Key provisions of the agreement include: ■ Funds shall be used by Hearts for Homes for the purchase of building materials for home improvement proj ects. ■ In addition to other reporting requirements, documentation in the form of cancelled checks and/or corresponding receipts specifically detailing expenditure of funds for the purpose provided is required for reimbursement from these designated funds. FISCAL INFORMATION Funding for the contract will come from respective Council contingency fund accounts. Respectfully submitted: ¢ 4 ~F. I - ~ F 5 { 1 1 1 George C. Campbell City Manager Prepared by: Linda Holley Executive Assistant t ~,'sc~in~ tl~~in~et1lsOc~rdi~~a~~~c~s~~~~~~e~a~~ fnr ht~~~~~s ~e~v ~~r,t1~c . THE `~T~ F I~E`T ~JTHiIIr 1~ FIST ET~~I THE IT ~T~, T~,~, ~ ~-~~T ~ HI1~E; ~~.'II~~ T~I~ ~~E. ~1~~ 'it '~t~l~cil a~`tl~e apt ~f ~l~ta~~ 1~~r~~ ~n~s the tl~e ~'r~a~. ;~$~e~~~er~t ~~et~~v~~il ~~~e it a~~~~ I~~~rt~ f ~r I-~~~~~, ~ta~cl~~~ ~~reta~ end r~~~e ~~t l~~r~~` ~ 1-~f~t~~1~~~ ~t~~e ~~r~~r~1e~~~~~}~ sct~~ . ~~~~~~~~c~~al p~1~1~ ~u~'~~~ i~~~~~~~~~ t~~~ ~c~~~~tl~t~ ~f ~o~~~*~r~~ 1~~ ~~o~~ar~~~~ ~~~~1~~~~~~r~t tl~ ~~~~~~~~~t ~ t1~ ~~bli i~~~~t; I~' TI~F~~, THE ~ F THE; 'IT ~ ~l~T ~IE~~Y 'TI1_~. T~~~ I7.t~117~5 f~rt~l 111 1~~111~~~ ~f°~l~l~l~ 1~~~~~~~ l~c~azpar~t~~ ~~~~~~'~~~c~ i~~t~ ~f ~ ~f$ ~f~~.tl~ set f~fl-t1~ 1~~~~il~. TI T~~e ~~t ~'I~1~~~~~, ~i 1~1~ ~ ~le~~~~ ~~~t~~~~-ze~ ~ ~h~e .re~~~l~~l~ ~x~~i ex~~c~~~ X11 l~i~llts rl~~ d~~~~~~ t~~ t uil~er fl~~ ,re~~~nt ~~~~~~:~i~~ ~:~~l~~i~ur~ ~f ~~~~l~.s ~1~~ ~t~~e~~~n~. E+TI . Tl~i~ {~-+i~~~~~~~ 1~~~~ ~~~f ct~r+ ~~~~~~~~~it~~ its t~~~~~1-~~~1, ~'E .~PP~~}~J~ ~1~i~ t~~~ _ dad of ~1~, ~.TTT: B~'; PIS . T ~E~.~ 1~1T~A BU+E, ~'ITY TT~F,I~~` ~ i yl i. i t c~:l~c~ctir~~~nt~ a~~~d ~~tt~nsll~holr~~ll~~a1 ~etlin~slt~~»p~rt~ry ia14~r~~et ~il~~~c~~~~cnt.outl~ak'~~~~su~~ilh~t~rts for hn,n~~ s~;r~ ~~,r.t~~c T'~E~~1 T "~T ~F I~~IT, TES 1~ ~►~T ~ 1 T~~i~ r~e~ln ~ lrar~b~ ~l~~~red ltlta 1~ et~va~il the arty a~'l~ntatl, Tees, Har~~e l~t~le "lur~iei~~l `arar~~~at~, ~er~n~ft~~: ti~farr~ ~a ~s "i'", tha H~~~ts far ~ ~a~n~j ~ Tags ~iat~- l~r~~~ a~paz•tia~~, here~~~ft~r r~ferr~ ~a as "am~~~tee"~ ''~I~.~, its his ~t~erm~n~ad tl~a~ ~1~~ ~ra~al for ~~rvr~~s ~.~~rits ~ssistanc.~ rid ~~n ~ra~ld~e na~da~ s~rvi~~s to aiti~an~ cif pity has pra~via~ ful~ ire its l~ud~t ~a ~~ist ~r~~ far ~ar~~~s; H~, this reen~er~t s~erv~es ~ ~11d ~~~~~~1 ~i~ ~ul~ll~ p~~u~pasa ~ ltha ~ubl~e 111~~1'~ty TI~~F~1~'E~ tea p~rt~ ~~ere~a r~u~~~~lly ~re~ fa~~avu +a:~tta~ ail i~~ ~~~~~~~~ar ~ra~er ~~~~nar ~~rf~rtl~ tl~e falla~vi~~ task, far vhi~lz ~1~~ ~~~anis pravia ~ "i~ ~~a 1~~ ~s~ fir tha p~~re~l~ase of ~.~ilc~i~ ~ater~a~ far ~~a~i~e 1~.~.1~1r a~~l~]tl~.t pray ~ ~I. I~LI+.~TI~ ~F 1"1I~TT Iii aiderati~an aftl~e r~eeip~ of funds fra~~~ it, "a~~~it~ae arcs to the f~lla~~ir~ terrr~s and c~t~~.itans: die ~I~r~~r~~ ~art~~tl~~~~ 1allat~s and. n~~~ ~ ~,aa shah ~ to an~n~ttee 'it~° to 1~~ utli~~d far the p~~ras~s yet fart~~ i~~ Ai~ti~le I~ ~`an~~~~ittee ilr ~r~ail~t~n a~e~uate rears to ~sta~l~sl~ that tie t nos era ~s~ far tl~~ ~~ras~s antl~arize~d ~ this reel~~etzt, ~il~illl~t~ ~~Jlll ~1er1171t ~Ll~llarl~~~ af'~~ia~ a~'~t to re~~ its Baas at ar~y~ tin, 1~ ~J~an re~~~est, anlrr~i~te~ mill pravi~~ to ~'it its I ~a~vs a~ of its rl~l~s ~°~zl~iar~ tl~t r~l~e~ant to tl~i~ r~en~~r~t, a~~r~~itt~e ~~ll nit eater t~t~ ea~~traets that ~~aul ~n~cu~~~~er it fw~ns far feria t~~~t ~~ll~ l~eyrand tl~e term of this ~~eer~~~~t~ c~n~niltt~ee mill a~~a~~t ra~ras~~tatr~r~ l]a 'l~l lie ava~lal~le to meat ~t afficals ~v~~ar~ r~~~est~. I { c:l~la~;i~n~an~s az~d s~~tings~lahallcy~~l~c~l ~~ttit~~~lten~~c~rary in~crt~at fil~s~~~i~t~~yt.autlaaklt"~2~~,~~i~l~eart~ far ~t~~~~7a~ ~~:rv ~~~r.~dac . ~~i~~~~itt~e ~~il~ s~~rnit to it +c~~i~ ~r~e~rW~~~~. ~u~~t~~ ~~i~a~~i~.1 ~t~teillent~. III. TII'~ Q~ ~'I'CI~,AI~~ ~~1~ set'Vi~~~ f~in~~~ ~ 1t' ~~I1 ~ Zii7~~I~c~.~ri c~~~ C~1~~p1~~~ '~lll`lill~tt~ wit~liil tl~~ ~'nl~~~rin tii11~ i'at11~ T~~~ ter~~~ cif ~~i~ rril~nt s~~all ~~t~~~~~~~~~ ~n ~h~ ~'fectiv~ date te~nt~ on t~r~1~~r ~n~e~~ the ~~ntr~~t ~ 't~(]I1~~' t~rrY~in~te~ ~t~~ir ~ctan III "1.~S~~I~~I(~1~ ~r T~r~~iiltiflrl". ~Y~r1E'N~" t~d1!1lT`T~~. 1t~' shall p t~ +~n~~~~itt t~~~ ~uz~ ~~~~fi~~. ~tiI II af~~r tl~e e~;~e~t~r~ ~at~ ~tl~s r~~r~~t. c~~~~t~~itte~ s~~~ll r~~`ur~~ t~ `t ~vrt~lii~ t~~ ~ ~rl~~r~ ~ City" ~~~uest, an~~ un~ ~~in~~1~y~'4'4'~1iC~111as ~7~~i1 p~~~ b ~t ~r~~c~~ +it at c~i1'tirr~e tt~erea~tr d~t~rnl~n~~: 1 ~ r~su~lt~~ ~a~~~'a~~il~r~t to C~nln~tt~e; ~r ~ leas i~(~~ bin ~~~i1t StriCt~ ii1 ~CI~i'~~~~C+~ with the ~thi~ .r~i~l~i~t; car ~ is i1~t s~~pp~~art~l h a~tiat ~~~~.1~11~~1~~t1(~i~ t~ ~~ll~ ~~tif t~~ nd~~~r+~. E~~I ~i~:1I11itt~`~ ai~~~s t(~ ai~ti~l~atc ii1 ~.i1 ii17~~~i11~t1t~t1{111 ~i1 It1~tt1t~I1~I~+~ ~~t~`i111~'Vl1~i'~~~ t~1e S~i'~r'~C~S ~C~I~ tli~t~~ll~{~il~ ~l~illt~ll'~~.. (~1111111~t~~ ~ar~~ ~+Q I~1~~` ~V~11ab~~ its ~1I1~Il+~i~l re~~rds fir r~~~~~ bye City at i:t~'s ds~r~t~~~. a~it~~n~ ~n~rrrtt~~ arcs t r~v~~e Cat the ~~ll~iil data ~ ~~~~~ts, ~r c~p~ies thr~~~: X11 ~xt~rilal ~ilt~rn~l audits. Cai11~~1itt~~ shall ~~l~~~~t c~p~ of t~~~ r~~~~~.1 i~~el~det a~~dt t~ City v~itlliil tin ~l dais ~~'r~~~i~t, B. 11 external ~r ii~t~i'ilal ~~al~~ati~oi~ r~~~~ts. 1 ex~lail~►tic~r~ a.n rila~~r its ~~~ran1 ser~ic~es. t~, ~c~n1~l ~~itl~ this section, C~t~~~~~~tte~ ~i~~~s t~ i11~.lntai~i ree~r~ that ~~ill provide c1CClii'~t~~ tUri'~i7.~, sep~i~~te and CQ~~11p~lete dlsclc~s~:~re the status ~t~nds received gild the e~v~ces per:~~rnled uil~der this .reeillent. C'~n~111ittee"s record ssteill shall ~{~iltaiil s~.~~'~c~ei~t d~cunlentatlo~~ t~ r~o~rid+~ ii`i detail ~~11 support ~i1d~llstiiC~tion for e~.ch e~er~diture. Con1~~l~t~tee ~,rees t~ retain ~ 7 i 4 c:~c~c~ctri~~~nts a~ad s~ttin,g~~l~li~lt~~r~laca6 setk~n~,s~t~;r~~pc~rar~, inl~r«~t fi~~sl~~nt~nt.~utla~raklf5s~g~ill~c~n~ fear ta~~~~~ Derv a~r.~ac baa~~7 r~car~s~ da~~lrl]+~t1tS~ r~~~rt~, itt~~~ a~~~aunt~n ~rac~ur~ ~rtainn to tl~~ ~r~i~~ ra~rid~ and ~~~e~~dzt~~r~ of i~~~~ u~~r t~~i A~r~~~~~nt far f~~ ~~r~~ at~~in 1n the a~av~ u~~~cti~t~ shall ~an~tr~~d to rl~e~~ an,n~~tte~ ~af r~es~a~~st~ilit~` far re~ainir~ acc~rat~ ~~~rr~nt r~~ards that ~lariy~ r~e~l~ct tl~e lel and ~en~fit c~f~ ser~ri~~s pra~id~d under this re~nl~nt. I~ IIIE~'[~' ~TI~i ~lll"lll~ tl~e ter~~ of this r~nlent ~nn~tt~ee shall delr~~r t+a ~ capl~es of all natiees cif I~~etins al' its ~aard of ~ireetars, settrn Earth the t~i~n+e and ~la.ee tl~ereafl~erein tl~~s praram is ~ dart c~ft~le s~~bjeet r~~att~er aftl~e n~eetin. t~ei~ notice small ~e delivered to its t~nael t~~anr~er to dive a~ec~urate notice, and ~ljall incl~~c~e an brief ~a~~rit~c~r~ a~' t~h~ n~~ttr t~ e an~n~itt~~ understands ar~~ agrees that +it's rc~ras~nt~atives shall he affard~~. access to all ~~~e~etins of its and of Iir~ct+~r~. ii~~~.z~es of all nz~etn~ of ~an~n~ittee's ~avernin had shall ~ ava.ilale to ~'it iti~in ten ~ ~ arl~in~ dais of apr~~al. °~I~. ~"l~'IT~'I~I Tl~e pity n~a~f tert~~inat~ tl~~s .Ara~rnrlt fear arnn~zt~~e vla~ates and ca~~~~~~~~~t~3 areen~e~~ts, ~ar uarant~es of this A~reen~el~t, tl~e arr~n~ittee's ins~lvcnc ~ar Jilin of banl~rr«~tcy~, d1SSalLf~lall, ar ~'eceve~`s11i~~ a~' tl~e a~~~r~~~ttec's vlal~.t~an ~af lam ar rel~latiar~ t~ h~l~ it ~b~~.and ender tl~e terns aftl~i~ Ar+eer1le~~t~ Tl~~e pity n~a~r te~•~~~inatc this A~reen~er~t faratl~erreas+atls not spelficall er~~n~erated in tl~1s pararap~l~, III I~~~ F~~'T[IITY l"PI~IAI~~ I~H L on~n~rttee shall can~~ly wit}~ all ~plca~~e e~~~al ~en~~~lay~n~nt c~~partc~nit a~zd affir~~ative action lames or reulatians. B. ~an:~n~ittee -ill fr~l~•nisl~ all infarn~ation and reo~~s requested by +C, and will. erne to lt'~ l~aal~~, T~~ard~, and acc~~~~]ts far p~~rases of investiatl~n to ascertain cnn~pllau~ce ltl1 lae~~l, Mate and Federal rules and.. re,ulatians. ~n tl~~ ~~~nt of an~n~itte~e' non-c~~n~~~lianae ~itb tl~e non-dis~rinlinat~l~ re~~ziren~cnts, th~~ re~tn~ent tna~ e canceled, tern~inat~d, ar s~~spended in l~~ale ar in dart, a.nd 'a~~~~~~ttee ~a bai-~~d franc f~irtl~er contrasts with its, I RR..~iTII `an~rnitt~c ra~r~es~ez~ts and warrants that: P~ a`7 ~ r ~:~d~culr~~l~ts anlj s~t~il~~~lahl~ll~yllc~cal settins'~te~~por~ry n~~rt~~~ filcslca~l~~n.~l~tlc~~h'~f~?~~~,~~u~tearts ~`c~r l~nnlc~ sere a~,r.dc o A►11 111~~~~ti~~~, rc~~rts air data herct~~~~ ~r hc~c~`tcr r~questc ~ its a~ l'~~~nish~~d t~o icy, r~ co~n~lctc ~n~ accut~te ~s ~~'th ~~tc sl~~n ~n the inf~rrriatzar~, ~~,ta~ ~r rep~~t, ~~d sir~cc that ~~tc, h~vc nat unerallc ~~~~r s~rli~ic~t ch~r~~ ~vitho~~t written tl~tice t~ its. supp~~-tin ~r~~~c~1 stacin~et~ts ~lcrct~f~r rc~ucste b ~ ~~nisll t~ it, arc ~,~n~plctc, c~urt~ a~~~ ~~~;1 r~l~wct t~~~ f~nr~cl ~a~~~it~o~ ~ ~~~~~~~itt~~ o~ the t~e shc~~ ~r~ said reo~t, the results +~fr t~~c r~p~crat~~~ ~r the cri~~ ca~cre~ by tl~c rep~~~t, ~rrd that since s~i~ c~~t~, there his been n~ m~ter~~ ~h~n+~, ~~erse ~r ethcr~se, l~~ the ~~~~~cil c~n~itle~ ~+~I~lll~ittce. ~a Iititi~n er le~l ~r~cce~ir~s ire resel~t~y er~c~~~ ~r thre~tene~ ~~inst '~an~n~ittees D~ an a~`the ~re~v~sl~ns i~erei~~ c~l~tr~enes er ~ ~n e~r~fllt nth the auther~t~~ udder which ~~nmttee is din ~nsi~~ss ~r itl~ t~~e pr~~si~ns ef~.n e~istin;~ indel~~ure ~r ~reer~ent ~n.~l~~tteVf ®n~n~ttee his the ~'~~~e~' t~ enter this reen~er~t un ~ccet ~yt~~ents ~~e~~eundr, end his teen ~lr t~ecessr acti~t~ to ~t~th~rize such ~.cce~tl~ce under the terms ca~r~itiens ~~this 1~reen~ent. ~f the assets ~n~~~~ittee are subject t~ ~.nr lien encu~nbr~nce ~ r~ ch~r~ctcr~ ecet ~~r current tees d.el$t~~~ue~~t except shov~n ~n tl~e in~nc~l st~ten~et~ts urr~is~~e~ b ~Inn~i~tee t~ +t~, Each ~f these reresentati~ns ~nc~ ~~~rr~.nties sh~~~ c~ntinun end ~hi~ deen~e~ t~ hie been re~e~te the sub~r~issior~ ~f each request e'er ~r~~~r~t' And ~lterti~ns~ ~~~itiuns, er ~L~etic~~s tc~ the tcrl~~s this rec~n~ent shad be h ~~r~tten ~ren~nlent executed by bath p~arties~ e~c~ept when the tertr~s this ~reen~el~t express prc~~i~e that ~ncther t~eth~ shl1 be use~~ It is un~crsteed a~Y a~reed the parties he~~ete that ch~~~e~ in the tate~ Feer~~ er lacal lames er reu~atio~ns pursuant hereto occur ~urll~ the term ~~'thl A~reer~ent: Any such n~o i nations a~~e to e autonl~ticall incororate i~~to this rec~n~ent without written an~e~~d~~~ent hcrete, and shah becon.~c ~ pad the ~reen~ent the effective ~a~e speci~ie~i h the lam ar . reulat~on. on~l~~ittee ha11 natify it ~ chafes its. person~~e~. o~ernn baar~d c~ampc~s~t~on. Pale ~ ~f 7 I r , ~.~~ac~~y~yc~~ts and sett~g~Ilal~Ql~~ey11~~~a s~tti~~~sltcn~~r~rar~ i~~~ernc~ file~l~~nt~i~t.r~~a~~aak°,F52su~ai'~li~~rts ~'or fr~a~~es ~~~v ~t~r.dc~c dither party ~ ei~a~~e its ~~~ai~in a~~dress ~ endn notice ~f ~l~ane +~f ~a~res t~ tl~e ~tl~er at tl~e a~e~e are~~ l~~ eert~ed ~r~ail, ret~~i~n receipt reque~te. . +~n~l~littee gall nit tran~~er, plebe ar a~ti~er~vie assln tl~l green~ent ~r interest therein, ar and elalm ar~s~n tl~ereun~er t~ a.ny pa: ~r parties, t~a~, trt~s~t cam are or ~tl~r ~ ~nanctal rnstitutl~n ~tl~~t~t tie prl~r ritt+~n a.ppr~~al it. II'~~~~ pr~~ii~l~ o~tl~is reen~~nt is to be in~a~~, illeai~ ~r «ner~f~r°eeable~ tine ren~ainn pr~vsi~ns sl~a~l remain fi~l~ '~ree e~~`ect ~~a~ntin~e t~ ~~t~f~rn~ t~ ti~~ ~ri~~~l intent of ~a~th par~fos llereta~ , In na event s~~a~l any payrn~ent to `+~intnittee hereunder, ~r any c~tl~~r act ~r filur~e ~t~° tc~ insist in and one ~r tr~are ~nstai~ees up~r~ the terms and e~n~ition~ ~I`t~~i reen~ent eansti- t~.lte er eunstr~lel in and v~ay tc~ ~ ~ v~a~aer by 'it ~I` ~~eael~ ~f eavenal~t ~r de~a~lt ~lziel~ r~~a~ then ~~tbse~uenti~ ~ e~n~mittd h ~n~n~itt~ee~ I~eitl~er sl~al~ such ~a~n~ent, aet~ ~r on~isi~on in and manner in~air ~or prejure~ ~ny~ rii~t, p~~v~er~ pri~ilee, ~r ren~e~ a~ailab~le t~ t~ en~'c~rce its rights here~xnder, v~l~i~cl~ rihts~ po~Fers privileges, ~r ren~eies are alas spec.ifleali preser~ec~, representative ~r agent o~~' +~it ai~ae the effect this pravis~~n. This Areen~e~~t, tc~etl~er ~it~11~eI'erencecl e?~l~bits and attael~n1ents, c~nstitr~tes tl~e enure aree~~~erlt ~et~veen tine parties hereto, t~ prig ~.greeme~it, asse~~ti~on~ statenjent~ ~~nerstanding ~otl~er e~n~n11tn1~I~lt ~~CLlrr~1~1 d~~r~ng ~~715 renlel~t or s►~~se uet~t thereto, and legal force o1 effect l~atsoe~r, ~~nless pr~aperly e~eer~te~ in ~vriting~ anal ~f appropriate, recarde~ as an a~n~endn~ent of t~~is grenlent. T1is greeinent shall interpreted in aee~oranee ~~rtl~ tl~e la~~°s ~ftl~e Mate o~"~e~as and ~I'an l~t~,at~an eoneern~ng this reen~ent shall be rn a court ~a~~e~~~~pte~~t j~~ridi~ti~t1 sitti~~ in Denton or~t? T~e~as. l '~I~EIE~I~, tie parties ~o l~ereb aff"~ their signatures and enter into this agreement as oftl~e dad t~f ?~Cl. 11 ~ SJ 4. ~ N ~.1 L ~ ~ ~ i i ~ 1~ L 1 19 ~ + & B: Page ~ 7 I c:ldac~m~~t~t~ alld ~ettang~Ila~1~Cl~yiC~~cal set~mg~lt~m~~r~ry ynlt~~llGt fi~~slc~n~celt,clutJo]~Ca~~ugailf~~~t~r~s fclr h~n1c~~ s~erv a~r.cl~~; ~I~~ 8E ITS' ~.TT~IIEY B~; HST ~'0► ~I~[ FR~ . ~TIV~ l~l~E`T[~ ~TT~T; B I~ET.Y ~~fi' This page left blank intentionally. AGENDA INFORMATION SHEET AGENDA DATE: July 21, 2009 DEPARTMENT: City Manager's Office CM/DCM/ACM: George C. Campbell, City Manager SUBJECT: Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Fred Moore Day Nursery School; providing for the expenditure of funds therefore; and providing for an effective date. BACKGROUND: This agreement allows for the total expenditure of $694.00 (Council Member Dalton Gregory $544; and Council Member Joe Mulroy, $150) from Council Contingency Funds. Key provisions of the agreement me u e ■ Funds shall be used by the Fred Moore Day Nursery School for the purchase of woodchips for the play ground. ■ In addition to other reporting requirements, documentation in the form of cancelled checks and/or corresponding receipts specifically detailing expenditure of funds for the purpose provided is required for reimbursement from these designated funds. FISCAL INFORMATION Funding for the contract will come from respective Council contingency fund accounts. Respectfully submitted: ¢ 4 ~F. I - ~ F 5 { 1 1 1 George C. Campbell City Manager Prepared by: Linda Holley Executive Assistant ~:'}rrur` c~~~un~~i~~~~arr~i»~~~~~~'',d=~~)'~,ti°ed i~~~oi~~ s~~~~~ ~~r~ t~d.~c , ~~~E F THE 'IT T~ET .AT~H.i~'i EE~1T ~~TEE T~~ ~~T 4J~ 1J~T Y1~1 lr~, 1 1LJ 111YS~l ~ ~YL ~11~.F ~r~ PT~~N F+~ THE E~~EI~IT~.E ~ ~C~~~ P'I~I+ ~ EF~~E`TI ATE. ~IE~.E, 'ley ~1~lllt1C11 tl~~ C'~ ~.f I~~~~ta~~ ~i~1c~s tl7~~t ~1~~ P'r'~~~1~~ tll r~~ni~~ tl~e it Fr~e~ ll~a~`~ I~~~' I~~rl~ c~~~al, att~~~~~~1 ~1~ret~ ~1~~ x~~~~ ~l~t l~~~e~~ ~~~~el`~iz~e ~~1~ ~~l~r~~l~~c~~t"~, r~~~111~cr}~~l ~~i~~ p~~1~11c ~~~~~`p~e ~n~~ud1~1 tl~e ~-~n~~tl~1~ ~~to~~~~~~ a~~d eca~~~~~~~c ~~~vel~~~~~~~~~~ ~~1~. ~~1~ .~~en~~~~t 1 ~~i1~1.1c It~te~~~~ THEIE~'C~E, THE III ~ THE IT +F I~~1T(~I~ ITT E'TI T~~e li~~~~i~~~~ ~t ~r`tl~ i~~ ~~~~:~x~~~~l~ aftl~is ~`d~~~~~~ ae it~~~~~~~~~~ r ll~t~ X11 n t~~r rlr~~1~~ f~~ll~ ~t ~+~rtil l~e~~~i~~. ETI+~1 ~ Tl~~ `i~ 1~t~~~~~`, ~r ~e~i,~~~, ~ ~~e~`~~a ~~t~t~~ariz~ tai ~~c~~t~ t~~~ A~`~~~~~~n~ 1~~ t~ ~x~~~~~ X11 ~yi~~.t air c~~~tis ~l~e "it ~~~lud~n t~~ E~"TI~1 T17~ l"~1~~a~~~~ 1~I1 ~f~`~t~e 1~~~~~~ltl~ ~1~~~~ xt ~a ~~d II~ATI . B[ HUH, ATTEST. JEI~I~E~. 'LTE., IT FRET. PRE T EEC~L ~~T ~!~R.E "IT ATTRE` ~ ~ ~ . # ~ ~.Ido~~m~nts and s~t[~ngsllah~lleylloca~ settingsltemporar~ Internet ~llcont~r~t.ont~oa~ClfS~sugailfred moore day nursery schan~.doc ERV~E AREEIV~ENT BETWEEN THE CITY ~F DENTIN} TExA AND FRED ~DRE DAY NURSERY ~~E This Agreement is hereby entered into by and between the City ofDenton, Texas, a dame yule ll~unicipal Corporation, hereinafter referred to as ~~Cityt", and the far fired Moore Day Nursery School, a Texas Nan-profit Organization, hereinafter referred to as "Organization": wHER~AS, City has determined that the proposal for services merits assistance and can provide needed services to citizens of City and has provided funds in its budget to assist Fred Ore Day Nursery Schaal; and wHEI~..EAS, this Agreement serves a valid municipal and public purpose and is in the public interest; NOw, THEREFORE, the parties hereto mutually agree a follows: I. SCOPE OF SERVICES Organization shall in a satisfactory and proper manner perform the fallowing taslks, for which tl~e monies provided by City may be used far the purchase of waadchips far the play ground. OBLIAT7ONS DF ORAN~ATION 7n consideration ofthe receipt offunds from City, Organization agrees to the following terms and condltlons, A, Six I~undred Ninety-four Dollars and no11 as ~$~94,4~} shall be paid to Organization by City to be utilized far the purposes set forth in Article I, B, Organ~zat~on w111 n~a~nta~n adequate retards to establish that the C1ty funds are used far the purposes authorized by this Agreement, Organization will permit authorized affc~als ofC~ty to rev1ew Its books at any t~rne. D~ Upon request, Organization will provide to City its By Laws and any afits rules and regulations t~iat may be relevant to this Agreement E. Organization will not enter into any contracts that would encumber City funds for a period that would extend beyond the term of this Agreement F. Organization wi11 appoint a representative who will be available to meet with City officials when requested. O~ Organization will submit to City copies ofyear-end audited f financial statements. i c.ldacuments at~d sett~ngsl~a~~lleyl~aca~l settinsltem~~rary Internet fileslc~nt~nt.outloo~Clf52sngailfre~ monre day nursery schooLdoc III. TIME ~F PER~'ORMANE The services funded by pity shall undertaken and corrxplete by ~rgan~zat~on within the fallowing tine frame The term of this Agreement shall commence on the effective date and terminate on epternber 3 ~a~9, unless the contact is sooner terminated under section VII suspension or Terrn~natlon'". IV~ PAYIVIENT A, PA~~rs ~ro ~RGAN~~A~'~~N~ pity shall pay to organization the sung specified in Article II after the effective date of this Agreement. E, E~~ss P~~M~r~~r~ Organization shall refund to pity within ten X10} working days of pity's request, any sum of money which has been paid by pity and which qty at any time thereafter . eterinlnes: 1 ~ has resulted in overpayment to organization; or has not been spent str1ctly rn accordance w1th the terms afthis Agreement; or 3} is not supported by adequate documentat1on to fully~ustlfy the expenditure, 'V, E~A~UATION~ organization agrees to participate in a inzplementatian and maintenance system whereby the services can be continuously monitored, organization agrees to make available Its financial records far revleVG' by 1ty at pity"s discretion. In addition, ~rganiza~tian agrees to provide pity the following data and reports, or copies thereof: A, All external or internal audits Or~ani~~tion shad submit a copy of the nnul independent audit to pity within ten ~ 1 a} days of receipt. All external ar internal evaluation reports, An explanation of any maj or changes in program services. D. To comply with this section, organization agrees to maintain records that will provide accurate, Current, separate, and complete disclosure of the status of funds received and the services performed under this Agreement. Organization's record system shall contain sufficient docurr~entation to provide in detail full support and justification far each expenditure. organization agrees to retain all books, records, documents, reports, and written accounting procedures pertaining to the services provided and expenditure of funds under this Agreement far five years. Page ~ of? i i ' c:ldocumen and set#ingsl~a~o~leyl~oc~1 sett~ngsl~emporary Internet ~~eslcantent,~ut~~ok1f52sugailfred mire day narsery schoo~,doc E. Nothing in the above subsections shall be construed to relieve ~rganizatian of responsibility far retaining accurate and current retards that clearly reflect the level and benefit of services provided under this Agreement. ~I. DIRE~TOR.S' 1VIEETIN~S During the term ofthis Agreen~ent~ ~rganiztian shall deliver to pity copies afa11 notices of meetings ofits Board ofDirectors, setting farth the tirrie and place thereof wherein this program is a part ofthe subject matter ofthe meeting, Such notice shall be delivered to pity in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. ~rganizatian understands and agrees that pity"s representatives shall be afforded access to all meetings of its Board of Directors, Minutes of all meetings of ~rganiation's governing body shad be available to City within ten ~ 1 working days of approval. Vlf, TERMINATION The pity nay terminate this Agreement for cause if ~rganizatian violates any covenants agreements, or guarantees ofthis Agreerrient, the ~rgan.izatian' insolvency or filing ofbankruptcy, dissolution, or receivership, or the ~rganizat~an's violation of any law ar regulat~an to which rt 1s bound under the terms ofthis Ag~eenient. The pity may terminate this Agreement for other reasons not specifically enumerated in this paragraph. 1If, B~CJAL DFP~RTUNITY ANI~ ~PLIANE UVITH 1~AWS - - A, organization shall comply with all applicable equai ernplayment opportunity and off rative action laws or reguitians, B. ~rganizatian will furnish all Information and reports requested by City, and will permit access to its books, retards, and accounts far purposes of investigation to ascertain corrzpliance with local, State and Federal rules and regulations, In the event of ~rganrzation's non-compliance with the non-discrimination requirements, the Agreement may b canceled, terminated, or suspended in whole or in part, and organization may be barred from further contracts with City, I. WARRANTIES Drganization represents and warrants that: A. All inforatiar~, reports and data heretofore ar hereafter requested by pity and furnished to pity, are complete and accurate as afthe date Shawn on the information, data, ar report, and, since that date, have nat undergone any significant change without written notice to City. page 3 of 7 i { c:ldocuments and settingsllah~lleyl~ocal settingsl~e~po~ary Internet fi~esl~onten~.outiaaklfSZsugailfred moore dad nursery school.doc I. II~D~M~TIFICATI~N To the extent authorized by law, the Organization agrees to indemnify, hold harmless, and defend the CITE, its officers, agents, and errrployees from and against aay and all clams ar suits for injuries, damage, lass, ar liability ofwhtever bind or character, arising aut ofor in connection iththe performance by the organization or thane services contemplated by this Agreement, including all such clairras or causes of action based upon common, constitutional or statutory law, or bayed, whole or in part, uan allegations of negligent ar intentional acts of Orgar~i~ation, its officers, employees, agents, subcontractors, llceneesand 1nvltees. . CONFLICT ~ iNT~R~ST A. Organization covenants that neither it nor any ~ne~nber of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement, Organization further covenants that rn the performance of this Agreerr~ent, no person having such interest shall be employed or appointed as a member of its governing body, Organization further covenants that no member of its governing body or its staff, subcontractors aremployees shall possess any interest in ar use higher position far a purpose that is or gives the appearance of being motivated by desire far private gain far h~mselflherself, ar others; particularly those with which helsl~e has family, business, or other ties. No officer, member, or err~ployee of City and na member of its governing bady who exercises any function ar responsibilities in the review or approval ofthe undertaking or carrying out of this Agreement shall participate in any decision relating to the Agreement which affects his personal interest or the interest in any corporation, partnership, or association in which he has direct Or 1ndlr~Ct interest. VIII, NOTICE Any notice or other written instrument required or permitted to be delivered under the terms of this Agreement shall be deemed to have been delivered, whether actually received or not, when deposited in the United states nail, postage prepaid, registered or certified, return receipt requested, or via hand-delivery ar facsimile, addressed to ~rganiztian or City, as the case rrray be, at the following addresses: CITY ORCrAN~I~TION City ofDenton, Texas Fred Moore Day Nursery school Attn; City Manager Laura Williams, Director l ~ E, cl~inney 8~ I Crass Timber street Denton, T~ 741 Denton, T 7~2a Fax No. 4a.34~.91 Telephone Na. 94a.3S7.S2I4 Page S of 7 c:ldocuments ~n~ settingsllaholley~oca~ settingsltemporary interrret fileslcontent.~utlooklf`S~sugailfred more day nursery scho~l.doc dither party may change its mailing address by sending notice of change of address to the other at the above address by certified mail, return receipt requested DIV. II~IELLA~EOU Organization shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any clam arising thereunder to any party or parties, bank, trust company or other financial institution without the prior written approval of pity, E. Ifany provision ofthls Agreement iS held to be ~nvalid~ illegal, or unenforceable, the rerr~aining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto. in na event shall any payment to Organization hereunder, or any other act or failure of pity to insist in any one ar mare instances upon the terms and conditions ofthis Agreement consti- tute or be construed in any way to be a waiver by pity of any breach of covenant or default which nay then or subsequently be committed by Organization. neither shall such payment} act, or arrzission in any manner irr~pair or prejudice any right, power, privilege, or remedy available to pity to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. ~o representative ar agent of pity nay waive the effect of this provision. D. This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreerrient, assertion, statement, understanding, or other con~itrnnent occurring during the term of this Agreement or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an an~endn~ent of this Agreement. E, This Agreement shall be interpreted in accordance with the laws ofthe Mate affiexas and venue of any litigation concerning this Agreement shall be in a court of competent jurisdiction sitting in Denton Oounty} Texas IN wITNE wHERE~F, the parties da hereby affix their signatures and enter into this Agreement as of the day of , ~~0~. ~EORE O. CAIVIFBE~I~, CITY SAGER ATTEST: JE~IEER.'ALTERS, CITY SE~.ETA~Y~ BY; Page of 7 i c:ldacuments and settit~gsVaholleyllocal sett~ngsltemperary Internet fileslcantent.autloakl~sugailfred mare day nursery school.doc AP~R~V~D ~ T~ L~AL F~R~VI: ANITA UR~F~~, IT`S ATT~RN~Y B~: ~ ~ ~ FRS MORE DAB NURSERY I~O~L EY: LAURA ILLYAIVI DIRETR ATTEST: B~: R~TAY Pale ~ of ~ i This page left blank intentionally. AGENDA INFORMATION SHEET AGENDA DATE: July 21, 2009 DEPARTMENT: City Manager's Office CM/DCM/ACM: George C. Campbell, City Manager SUBJECT: Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Denton County to help with the cost of protecting the Historical Buildings Quilt for the Denton County Museums; providing for the expenditure of funds therefore; and providing for an effective date. BACKGROUND: This agreement allows for the total expenditure of $700 (Mayor Mark Burroughs $100; Mayor Pro Tem Pete Kamp $200; Council Member Jack Thomson $200; and Council Member Joe Mulroy, $200) from Council Contingency Funds. Key provisions of the agreement include: ■ Funds shall be used by Denton County for the purchase of a cover to protect the historical buildings quilt. ■ In addition to other reporting requirements, documentation in the form of cancelled checks and/or corresponding receipts specifically detailing expenditure of funds for the purpose provided is required for reimbursement from these designated funds. FISCAL INFORMATION Funding for the contract will come from respective Council contingency fund accounts. Respectfully submitted: ¢ 4 ~F. i ~ F 5 k .1'~ { 1 1 1 George C. Campbell City Manager Prepared by: Linda Holley Executive Assistant s:lour dacutnentslardinancesl~9~ierrton c~ serv agr.doc i AN ORDINANCE DF THE CITY F DENTIN ALTTH~RT~Il~~ AN A.C~~EEN~ENT BETWEEN' THP CITY ~F DENTIN, TEAS AND THE DENT~1~ COUNTY TO HELP 'TH THE CST ~F PR~TECTINC THE HIT~RICAL B~LDiN T FAR THE DEI~'T~ COUNTY U~L]~VI; PR~~DIN FAR THE EPENDITUR~ ~F FND; ~ PR~~IDIl~ FAR ~ EFFECT~1'E DATE. ~IEREA, the City Council of the City of Denton hereby finds that the Program and the Agreement bet~reen the City and Denton County attached hereto and made a part hereof by . reference the "Agreement"~ serve a municipal and public purpose including the promotion of tourism and economic develeprnent and the Agreement is in the public interest; N~~V, . THE~EF~E, THE COUNCIL ~F THE CITY OF DE~T~N HEREBY ~RDAIl1i ECTI~N~ 1. The hndrngs set forth ~n the preamble of this ~rdrnance are incorporated by reference into the body of this ~rdi~rance as if fully set Earth herein. ECT~~N The City 1Vlanager, or h1s designee, is hereby authorized to execute the Agreement and to exercise air rights and duties of the City under the Agreement, including the expenditure of funds as provided in the Agreement. ECTI~I~ Th1s rd~nance shall becoae effective ~med~ately upon Its passage and approval. PAED AND APPR~ED this the day of ~~9. 1V~ARK B~RR~UCrI~, AY~R~ .ATTEST: JENNfFE~ ALTER, CITY ECTAI~Y BY: APPROVED A T~ LEGAL F~I~: ANITA BLCE , C TY ATTORN-EY BY: ~ ~ i y k~c~cia~dl~epart~t~n#~~~~t~ m~na~~~s of~ce~cmnlc~n~iC a~~~,~tanrlcar~tinenry f~ntls~~ity ~~~~ncif'~fytl~~-~~1b~rr~~~.hldent~►n ~~ur~t r~~seum~`dent~n C(~ S~rv ~~f.d~c This Ar~zx~~nt ~~~r~I~ ~u.tcr~d lI]o ~ and I~~~n the pity of I~~n~~n, Texas a f-~on~~ ~~n~c~~al 'oorat~or~, h~~errl.~'ter ~'ef`e~-~~~d to ,~it~r,a and Denton oul~t a ohtical sudrislon of tats o~T~xas, h~rel~a~ter r~~er~~d ~tount~~: ou~~ omens and Mans to di~~~a ~n its o~~xx~I~~ouse tie ua~ uses ~herei~af~~r ~ull~ de~i~t~I~ :~istol~ie B~Iildirls o~'the '~t ~~`~ento~3 and' ro~~r pres~rvat~orl ar~d dis~la ~ the l~isto~•ic ~l~ild~ns cult ~r~s tho ~ol~s~n~etor~ of ~ ~~~ilt corer; and E, bounty has requested pity's assistance ire pa~rirl for ~l~~e ~~stcr~~ ~uildil~ wilt cover; ar~d H~~, pity has deterrrlin~e+~ that the cti~cl~s ~a~Il enefi~ from di~~la and pr`e~ervaton of` the istorle u~ldtn +i~ilt at +I~ d 1 has provided fk~Ids in its hudet to held ~ri~~ tl~e cost ~~`rn~ectin ~ I~istorica~ ~~~dins u~lt for the musetlm~~ '~1~, this ~reernent ~ valid n~ur~i~cia1 and co~~n~r pu~~ie p~uose ~ ~ iI~ t pu~~ic ir~terest~ and the ornrnissol~ers 'curt of~entor~ +oun has authority to accept donations ol~f~~nds for 'c~~nt~uhlic purposes THE' the ~a~~ 1~~r~to sut~al~}~ ar a f~~~ot~:. I. ~ ~T F oI.~I~ty shad in a satisfactor~r ar~d proper rnanrler ~e~orlrl the follo~~~I tasks f'or ~rhicl~ tl~e ~onles provided ~ i I~~ay he used.: The ~`u>7ds hir~,~ pFOVi~led sh~~l ~ r~:~e~ bar the bounty pul-chae a custom-made cover for the display anc~ preservation the ~~istorlc3l ~Iildins u~~t at consideration o~the receipt o#~ ~'i.~nds from ount a~~'ees to the ~'dll grin ~el~s and co~~clitior~~; even ~-~~~~r~d ~~~l~r ~ar~d ~~l~~~l ~7`~C~.~~ shall b paid ~o ~ul~ it~r ~o ~~tilizcd the ~r~rposes set forth ire -tc~e Jug 1~, 2~C~~ 1~:~3 Ah=~ ~~nt~r~ ~~~~t t~. ~f i F ~~c~rr~a~"s~d~~artm~n~~~~y~ ~~na~er'~ r~~ficel~mc~~cn~r~ci~ a~s~stanki~~~ti~n~en~v Fu~t~slcity cc~t~r~ci~l~y~~(~~-Q~1~b~rr~tt~~ld~nta~ c~un mu~eums';~~r~t~n ~~r~' ~~r.~c~r . inn °l~ maintain a~e~~rat~ retards tc~ establish that the +it find are ~se~ r~~ tie ~u~ases a~uth~r~~~ed ~ this Aree~ent. a~~nt 1~~ not ender into contracts that ene~m.~~r City ns far ~r~c~d that extend beend tie term of t~~i~ ,~:ree~~er~t, ~~i~I ap~Qnt a representative who gill be a~ai~a~le to meet itt~ ~ ~~'~c~a1s t~ discu.~s the per~c~~x~ance n~thls an~tian ree~ne~t. ~II~ I`II' ~JF p~~l~ ~'he se~~iees dnded by pity sh~~ undertaken and e~mp~~eted ~ ~ty~ v~~thin the ~t~~la~~in tune rrar~e fie term t~lis~ .regiment shall ~oence an the e~`~~~etiwe date and terminate nn e~ternl~er a~~ unless ea~t~Iier te~-rr~inated under e~ctian 'II ensign ~ar T'errt~ina~on"'. ~t~ ~~~R pity shad pad to uunt~ the ~~m sp~eci~ed in Miele II after the effective date this . ~rer~r~t. i B. E +crrnty shall rend to pity v~ithin ten { ~ ~ arkin dais ~f it"s r~~uest and sl~~n a~mc~ney that been paid it unde~4 this. r~ee~ent and teat. been s ent b ~~nt ~ ~ manner that ~ not str~ctly~ ac~eordance ~vi~h tl~e terms this reen~ent. . I~~I~[~,A~I punt agrees t~ articipa~e in an irnplernentati~n end ~air~tenance system ~vhe~-e~~r the services can he ce~~tinu~~~sl mon~tered. ~~~1nt agrees to rnal~e ava~lah~e fer it's revev~ all. c~ur~t fnancia~ records that relate directly t~ the use of f«nds ~~r~vided under this ree~mer~t.. addition, aunt agrees t~ pr~~~ide t the fallain data and repasts, oi~ e~~~ies tl~erec~; ~n e~plt~ati~n ~~an ~n~~ar cranes in services pravid~ed under this ~reerr~ent. T~ cn~~~l ~~'itl~ this section, a~n agrees to ~na~nta.in records ghat will prop accurate, current, separates and ~cor~plete disclas~re Qthe status a~~nds received and the se~rices perror~ned under this .Areement. aunt's ~-ecurd s~ster~ shall contain sufficient ~docutr~entaton t provide, ire details full s~~ppart and just~f~ea.tion f'cr each. exendit~~r ~f funds ravided under this ~r~eement. ount~ agrees to retain all i~ecords~ d~eu~~~ent, r~~~~t~, and, written ~.eeauntr~ pr+~ced~~res ~ertai~~in tc~ the services ~rovid~ed and expendit~~Ye ~r~rns under this. ree~~ent fir eve years. lae ~ of 'p trm- _ - - _ - __a.-. "~lcc~cla~lre~artm~nt~'',~,idy n~ana,~~:r°~ Qt~ft;~~cmolcr~uncil a~si~t~i~~~,~t~~rtinecy furi~s~,~it~' cn~t~~i}~fy~~~$-O'~iburr~u~hs~c~~~t~r~ c~rur~ty m~rseurr~s`~.dent~n ~er~° ~~r.d~~r; . h~atin ~n tl3e abase subseetians s~iall eanst~~.ted tc~ re1~e~ a~~r~ p, ~~lity fc~r retainer accu~#ate and ~~rrrert~ ~-ec~rds that e~early refleet level ar~cl benefit servaees rav~~ded under ties rr~errr~ent. I~u~in~ the ~e of ~l~is r~ee~nent, a~rnty shall ~~atrfy pity in ~vritll~ ~vbene~~er ~~er~t~n aunty amr~tssiar~ers curt ~ seedule~ to e+onsid~r the sr~l~~ect matter of ,-eerr~ent a fr~~l ape~~ meeting, ucl~ notice ~l~~ll be yen n~ later than the eels prior Che s+~l~~du.le~ C"~n~nl~sslar~ers '~l~rt rY]~etil~a, `III. ~'l'ITI Tlae ~ m terminate tl-ri regiment ~~r if Jaunty ~~~lates at~y ea~rer~a~~t, areements~ ~r guarantees of this ,reezent, ~s~~ven~cy ar of bal~r~pt~cy, dissolution, +~r recei~uers~ip~ ar the ~unty~s violation many la~v ar reulatian t~ which it is bound un~~r the Lets of ~s ~r~~~nt, Thy tty may t~rna~ this r~rn~~~t ~'ar atl~er r~as~n~ n~~ spec~~cal~ enumerated in this p~araraph. Llp~n t~errr~inatian ~ ty~ jaunty shall reful~~ to ~ all funds provided under this A,reent minus any amc~u~nts e~pend+~~d by aunty in ~:~~~-dance itl~ the terms nI'tl~is reen7ent pr~ar to ity~s tern~.in.ti+~n. VIII. HIS ~I~I~~1~~NT . any alteratians~ ~~~iditar~s, ar ~eletians t~ tie terns of this ~-ernent shad y v~rr~ttcn amendment executed ~ b~tl~ parties, except ~~hen tl~e terms aI`this .~reerr~ent expressl y pravicle that. another tnetl~a~ shall used. It 1s ~rnderstaed aj~ agreed by tl~e parties hereto that e:~r~anes iz~ tl~e tatep Federal ar Ia~vs ~r re~ulatians pursuant l~eret~ may occur wring tl~e terra 4f this .reen~ent. such madi~icr~tians are to be automat~eally incorporated into this .,g~reement it~aut written arr~er~drnent hereto, and shall became a part ills Agreement ail tl~e el`fcti~e data s ec~ficd b the lair ar reulat~c~n, Jaunty shall notify ~'ity aI` any relevant changes ~ personnel or goverr~in boar earnpasitc~n. 1:. II~l~1~II~ I.~rll ~ounty agrees to be respansil~le far any liability ar darn~aes the bounty may suffer as a result of elaims, de~iar~ds; casts ar jud~rnents~ including all reasana.l~le att+~rneys' fees, a air~st aunty a~isin,g out ot'ar~y pe~rrnarace under- ~~is A.'eer~ent, ar arising f~a~rr any ac~cident~ injury ar dan~ae, ~vhatsaever, to ar~y person ar persans~ ar ~ the prope~y of ar~y persons or corparatic~ns~ occ>.~rrir~g durrr~g the perfarn~rance of this ~.~rreernen:t and caused by tl~e sole negligence of the bounty, its agents, o~f~cers ands or employees. pity agrees to he responsible far any li~l~ility ar damages it suffer . ~ ~'esult afclarns~ Wage of y -.r _ - r,....., .,,~.-wwi --...-._:N char-3+d-. . llcc~da+~l~~~~rtm~nt~~c~y m~~~~~~ c~l'~celcrnol~~uncil a~~istancl~~ntin~er~cy fi~rd~~~~~r c~u~~c111`y~i~Q~-(J~~b~rrau~~sl~~nt~n c~un u~et~r1,~~,~er~t~~t c~ s~~° ~r.dac d~rnands, cots o~~ud~~nt~, in~~~~d~n ~n~ ~~~o~~~~e att~rraeys ~~i~st 'it, ~ri~~ ~f ~r~ ~~r~orr~r~~~~~ under ~i ~,~r~~m~i~ta ~:riin out plc erf+~~~nce ~~r~r~c~ tc~ ~e ~r~vidd ur~dr this r~~ruent, or ar~in ~~or~ ~n ~~cid~nt, i~jur~ car d~~r~~e, ~tso~v+~~~ r~ er~or~ o~ p~r~~ans, ~r ~1~~ ~~~~r~ ~#'~nr p~r~ol~ ~r ~~rsc~n~5~ or ~o~-p~r~~~o~~~~~ ~~~~il~r~u ~.~~rrr~ ~~r~`ormnce of tie ree~~.~ end ~~u~d. b t~~ ~o~~ ~~~~ig~t~~ce o~ ~t~, its ~~nt~, o~ic~r~, ~ndf~r et~~l~~~~s. ~ end aunt a~~~ that ~~~r li~li t~l{ da~n~~ ~ st~t~ed al~~owe ~0~~~1~~~~ d~ir~r~ ~~~-fo~~nco o~t~~~ ~ro~~nt cued ~ joint oo~npa>~~t`v ne~ig~el~c~ o~`~hoir ~~~loo~ ~r ~f~o~r ~~1~ ~ ,~ote~in~d in ~c~~r~a~l~~ce t~. ~ol~par~t~v~e r~on~~~ilit~r I~~r~ ~f trio tte off` T~x~~. o~lnt ~o~~u~t~~~ t~ ne~tll~r ~t nor :~1~ er~~~~r ofit~ o~o~`ntt~g ~o~ ~rsent~ leas any ~~~t~r~~t, direct indirect, ~vh c~r~f~~~ i~ any mr~n~r or d~~~ it tie ~rfor~~nc sc~r~ccs ~e~ilred tai perf~~ncd. ~ndcr t~~i~ reer~ent. bounty rt~cr c~ven~an~s that in tie prform~n~ce +~t~is ~.~reemer~t, no per~or~ ~~vin i~tcret ~ha~I be cm~~yed o~ ~.pp~i~tc rnerr~~er of ~t ove~`n~n ~~d~r. orrnt~ fur~~rer eo~en~r~t~ fht no e~~cr of ~~errnin~ bo+~y ar its staff, u~cont~ae~or~ o~err~~~t~~ree~ s~al~ ~os~es any ir~~cre.~u or~~~a~~'~er~oiti~u ~`~r~ ~ aye that ~pearance ~f bein, ~otiva~ed ~y ~d~e~ire ~`r private gain fir ~i~sclf~herse~~', or ~~hcrs ~ar~c~~larly t1~oe ~ai~h ~v~ich he~~~~e pia farnj~, gar ot~cr #~es. No o~`ficcr, em~er~ ~r em~loec c~~ity and rncrr~bcr of ~t~ ovci~ir~~ hod cxcr cues ~unct~~on or respansii~iti~~ its ~~e re~ie a~prova~ of ru~de~tain~g or ca~°yir~ opt .reet~lent p~~L~~cipat~~ ~ any decrsiot~ rclat~~ to the ,rcer~ent ur~~~oh his per~~nal interest c~~ tie interest ~n auk c~~p~ratio~, p~ t~1~h , ~~a~~i~1~ iii ~~h h divot 1r~i~l~"Ct 1I7~~~~5t. y notice car otl~el~ ~vritter~ instrt~~nent ruined ar p~rrr~~tte~d to be delivered under the terr~~s this ~xecrn~;nt shall be deemed to have ~e~er~ dell~re~-ed~ v~hether ~e~uall reeeived o~ nc~t t~e~ . y dec~s~ted ~n tl~c IJnrted totes mail, pastae prepaid, rei~er oi• ee~~ed, return receipt rec~ueted, or v~~ l~and~dlive or facsir~iie~ addressed to our~t i#y~ ~ tl~e case ru~y boy at the follov~ir~ addresses. Fade ofd __I ~ F ~~1c~~~~i~d~°~,~~~~~nent~~~~city na~a~~~~ r~~~c~~~~~~o~n~i~ ~~s~i~tantlc~r~t%n~enc~~ ~un~slci~ ~oun~i}~~y~{~~$-~~~~urr~n~~7s~d~r~~~n cnua~ty ➢I1L1~~llTF~~~'+(~s P3~1~i1 GD 5~i'1' ~Rf.~~C it of~~n~ca~a, Tea I~ntot~ ~~~~~t ttr~: it 11~ar~ar €~rn, ou~~y ~Tud ?15 E, ~ci~r~~ 1 to ~st~~i~ory I~~ntor~~ °7~ ~ ~~nton~~ T 1 ~x I"~~o. ~~0,31 ~'e~op~ot~e Igo. X0.4. ith~r prt r~~ oh~r~~~ its Jilin ~~r~~ b~ so~~in r~o~ic~ ~h~n~ of ~~ciro~ to other ~t tie al~ovo ares~ b~ ~~rtifi~d r~~il, r~t~r~t r+w+~ep~t Y`~t~es~e. 6 ou~nt ~h~ll got tr~nsf~r, plebe or ot)~.erise a~ir~ tht~ .reer~er~t or ~r~ interest th~rei~, or ~n cl~.~~a ~ri~in t>~~~-~~n~or to n~ P~~ ox pa~~~cs, l~~nl~, trust or~p~~a car ot~~er fir~~~~ial institution ~~itl~~aut tl~e prior ~rritt~r~ approval Ifan pravisan ofthis -eement ~ h~l~ t~ ~ in~al~~, ll~al, or un~rraro~~le, tl~e rem~~n~n pro~~~~oris shall rerr~a iz~ full force a~~ eff~t ~ ~or~tnuo to conform to tl~e c~riinal intend l~ot~ p~rtics hereto, . . ~ no event shill and ~ane~~t to c~~~n l~i~reuner, or a~~ other ~ or fall~ure ofi t~ rns~st in and one or amore instances upon the terms ar~~ c~~itions of this ~reee~t e~r~:stitt~te or be ~;or~tnie~ ~n al~~' ~a to ~ ~~ai~ver ley ~ ofar~ hrea~ch of covenant car ~defa~~lt v~hic~ rna then or sulase~tentl k~e cotnt~~~c~ onr~t~r. Neither shall such payment, act, or on~iss%on ire aver impair or p~re~~~~ice and r~ht~ po~er~ priviiee, or reme~~ availahl~ to~ 'its to enforce its rifts hereunder, which rights, po~vers~ privlle,es; ~r reme.ies are al~~as specifically` preserve. o representative or aer~t ~f it ive the effect ~ this provision. This ~.reerr~ent, to~etl~er with reference exhibits attachments, canstit~~tes~ the err ire a re g emer~t beteen tl~e pa~rtie~ +ereto, and prior agreement, assertion, statement, tznderstanr~~ or other commitment ~ccurrn during the te~-rn this ree~nent or suhse dent thereto, ha~re at~y legal ~`a~rce or of f~ect w~iatsoe~er, ur~lcs properly executed in v~°rit~~~ end i~' appropriate, recorded ~ amer~drrer~t of this .xeen~ent. . 'his ~greernent shall be interpreted in accordance v~itlz tl~e laws ofthe Mate of~'exas and ver~t~e ofan~r liti,ation conce~-ran this .reerrront shall lie in ~ co~~~~t a~co~npetent ~t~ris~lction .1 sittin, ire Denton 'cunt, Texas. l~~l~e ~l ~ ~ 1 i ~ r l~cc~~d~d~~~~~rtrnen[~~ci~y~ naana~~~s ~~~~~~cmalc~uncil a~si~~ar~tlGantin~~ncy~ 3un~~l~at}+ ct~urrcil'~fy~(~i~~~~~lburr~u~~~~ie~c~tt cou~l~r rr~us~t~~s~~~[~n ~e~ ~r.tiac Z '~T.E .EF, ~ da l~~r~~~r ~ ~~~r ~1g~~~ar~s ~n~ er~~r ip~t~ t~~is ~~BLL, CITY ~E. ~"~~T: JE~~FE CITY N P - ~ ~ ~ ~T~I~ T LT'Y .~`~'T ET - n ~ r- , ~ - _ AGENDA INFORMATION SHEET AGENDA DATE: July 21, 2009 DEPARTMENT: City Manager's Office CM/DCM/ACM: George C. Campbell, City Manager SUBJECT: Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the Historical Park Foundation for the purpose of installing an arbor leading into the Victorian Rose Garden; providing for the expenditure of funds therefore; and providing for an effective date. BACKGROUND: This agreement allows for the total expenditure of $300.00 (Council Member Joe Mulroy $300) from Council Contingency Funds. Key provisions of the agreement include: ■ Funds shall be used by the Historical Park Foundation to install an arbor leading into the Victorian Rose Garden. ■ In addition to other reporting requirements, documentation in the form of cancelled checks and/or corresponding receipts specifically detailing expenditure of funds for the purpose provided is required for reimbursement from these designated funds. FISCAL INFORMATION Funding for the contract will come from respective Council contingency fund accounts. Respectfully submitted: ¢ 4 ~F. I - ~ F 5 { 1 1 1 George C. Campbell City Manager Prepared by: Linda Holley Executive Assistant s:lo~r documet~~lor~ina~~sl~~lserv agr ar~~ histories pk f~d.doc ORDINANCE NO. AN ORDINANCE OF THE IT OF DENTON AL~THORI~I~V~r AN AGREEMENT BETWEEN THE IT~Y OF DENTON, TEA AND THE H~ TORIAL PARi~ FOUNDATION l~ OR THE PURPOSE OF INTALLIN AN ARBOR LEADING Il~TO THE VYTOI~IIAN ROSE GARDEN; PRO~VIDINC~ FOR THE E~ENI3ITURE OF FUNDS ~ AND PP.O~IDZNCx FOR AN EFFE~TrVE SATE. IEREAS, the pity council of the pity cf Denton hereby finds that the Program and the Agreement between the pity and the Historical Parr Foundation attached hereto and made a part hereof by reference {the "Agreement"} serve a municipal and public purpose anal is in the public interest; NOS, THEREFORE, THE COUNCIL OF THE CITY OF DENfiON I~EREBY ORDAIiVS: SEOTION 1, The findings set far~h in the preamble of this Ordinance are incorporated by , reference into the body of this Ordinance as if fully set forth herein. SECTION The pity Manager, or his designee, is hereby authorised to execute the Agreement and to carry out the duties and responsibilities of the pity under the Public Service Agreement, including the expenditure of funds as provided in the Public Agreement. SECTION This Ordinance shall become effective innediately upon its passage and approval. PASSED AND APPROVED this the day of , 1VIAR A, B~]RROt~OH, MAYO ATTEST: JENiiIIFE~ ALTER, CITY ERETARY BY: APPRO'~ED AS TO LEGAL FORM; ANITA BURGESS, QTY ATTORNEY BY~: ~ ~ ~ , i ~ ti. c:ldncuments ~n~ settiagsllaholI~yllocaI ~ettingsltemporary intert~et ~leslcor~tent.outlaok1f52s~ails~r~ agr-historical park foundati~n,doc ~RV~E AR~~~ENT BETwEE~ T~ QTY I~~NT~N, T~XA A~I~ T~~ ~YTORIAL PARK ~~UNDAT~O This Agreement is hereby entered into by and betv~een the City ofDenton, Texas, ~ Flon~e Rule ~Vlunicipl Corporation, here1nafter referred to as "City', and the Historical Park Foundation, a Texas fan-Profit Corporation, hereinafter referred to a "~aundation"; HF~REA, City has determined that the proposal far services merits assistance and can ravide needed services to citi~en.s of City and has provided funds in its budget for the purpose of paying for contractual servlCes; and wHF~REA, this Agreement serves ~ valid rriunlclpal and public purpose and 1s 1n the public interest; New, THF~RFIF~RE, the parties hereto mutually agree as follows: I. SCOPE ~F SERVICES Foundation shall in a satisfactory and proper manner perform the following tasks, far which the rnonles provYded by C1ty maybe used: The funds being provided shall be used by the Foundation to install an arbor leading into the ~iCtorian Rose Crarden, II. OBLICrATIN ~F F~UNI~ATION In consideration of the receipt of funds from City, Foundation agrees to the following terms and conditions: A. Three Hundred Dollars and poll ~30~,~~} shall be paid to Foundation by City to be utlil~ed far the purposes set forth in Article I. B. Foundation will maintain adequate records to establish that the City funds are used for the purposes authorised by this Agreement, C. Foundation w111 permrt authorized oflicials of City to review Its books at any t1me, D, Upon request, Foundation will pravrde to C1ty Its By I1aws and any of its rules and regulations that rr~ay be relevant to this Agreement. E. Foundation will not eater into any contracts that would encumber City Binds for a period that would extend beyond the term of this Agreement } ` F c;ldocuments and setringsVaholleyllacal settingsl~emp~rary int~rnet ~~1esl~ontent.~utl~oklf5~sugailserv agr-historical park faun~ation.dac Foundation will appoint a representative who will be available to meet with City officials when requested, Foundation will submit to City copies ofyear-er~d audited financial statements. III. TIl1~E FE~F~~AN~CE The services funded by City sha11 be undertaken and completed by Foundation within the fallowing tine frame: The term of this Agreement sha11 commence on the effective date and terminate on September ~00~, unless the contract is sooner terminated under Section VII "suspension or Tern~lnatlon"~ IV. PAYMENT A, PAYN~NT~ To FDA~~~. City shall pay to Foundation the sum specified in Article II after the effective date of this Agreement. Ex~~ss PA~~~~'. Foundation shall refund to City within ten ~ ~ 4}working days of City's request, any sum of money which has been pall by C1ty and which City at any time thereafter determines 1 } has resulted in overpayment to Foundation; or 2} has not been spent str1ctly ~n accordance with the terms ofth~s Agreement; or 3~ is not supported by adequate documentation to fully justify the expenditure. V, EVAL~JATI~ Foundation agrees to participate in implementation and maintenance system whereby the services can be continuously monitored. Foundation agrees to make available its financial records for review by City at City's discretion, In addition, Foundation agrees to provide City the following data and reports, or copies thereof; A, A11 external or internal audits, Foundation shall submit a copy of the annual independent audit to City within ten ~ l o} days of receipt. B. A11 external or internal evaluation reports. C. An explanation of any major changes in program services, D, To comply with this section, Foundation agrees to maintain records that will provide accurate, current, separate, and complete disclQSUre ofthe status of funds received and the services page ~ ~ I c:ldacuments and ~ettinsllahalleyllacal settingsltemporary Internet f ~eslconteut.~utlooklf52sugailserv agr-historical park fovndatinn,d~c perfarn~ed under this Agreerr~ent. Foundation's record system shall contain suf~dent documentation to provide in detail f1 support and j~tif rca~tion for each e~penditur~. Four~d~tior~ agrees to retain ail boas, records, documents, reports, and written accounting procedures pertaining to the services provided and expenditure of f~u~ds under this Agreement for five years, E. Nothing ~n the above subsections shall be construed to relieve Foundation of responsibility for retaining accurate and current records that clearly reflect the level and benefit of services provided under this Agreement. VI. DIRECTOR' l1~EE~IN During the term of this Agreement, Foundation shall deliver to City copies of all notices of meetings ofits Board ofDirectors, setting forth the time and place thereofherein this program is a part ofthe sub j ect rriatter ofthe meeting. such ~.otlce shall be delivered to City ire a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. Foundation understands and agrees that City's representatives shall be afforded access to ail meetings of its Board of Directors. Minutes ofall meetings ofFou~adation's governing body shall be available to City wig ten ~ l 0} worl~ing days of approval. VIA, TERMINATION ~'he City may terminate this Agreement far cause if Foundation violates any covenants, agreements, or guarantees of its Agreement, the Foundation's insolvency or filing of bankruptcy, dissolution, or receivership, or the Foundation's violation of any law or regulation to which it is bound under the terms ofthis Agreement, The City may terminate this Agreement for other reasons not spec1f~cally enumerated in this paragraph. VIII. DUAL OPPO~'UN~TY AND COMPLIANCE I~`H I~A A. Foundation shall comply with all applicable equal employrrient opportunity and affirmative action laws or regulations. B. Foundation will fi~rnish ali information a~ad reports requested by City, and will permit access to its boobs, records, and accounts for purposes of investigation to ascertain compliance with local, Mate and Federal rules and regulations. C. In the event of Foundation's non-compliance with the non-discrimination requirements, the Agreement maybe canceled, tern~ir~ated, or suspended in whale or in part, and Foundation nay be barred from further contracts with City. I~. wAR1~AN~`IE Foundation represents and warrants that: Page 3 ' ~ c,ld~currtents and settingsl~aa~alleyl~~cal settingsltempora~y Internet fileslc~ntent.autlook1f52sugail~erv agr-historical park fa~ndatian.dac A, A11 information, reports and data heretofore or hereafter requested by pity and furnished to City, are corriplete and accurate as ofthe date shown on the information, data, or report, and, since that date, have not undergone y significant change without written notice to pity. B, Any supporting financial statements heretofore requested by City and furnished to City, are complete, accurate and fa1rly reflect the financial conditions of Foundation on the date shown on said reports and the results of the operation for the period covered by the report, and that since said data, there has been no material change, adverse or otherwise, in the financial condition of Foundation. . No litigation or legal proceedings are presently pending or threatened against Foundation. D, None of the provisions herein contravenes or is in conflict with the authority under which Foundation is doing business or with the provisions ofany existing indenture or agreement of Foundation, E. Foundation has the power to enter into this Agreement and accept payrrients hereunder, and has taken all necessary action to authorise such acceptance under the terms and conditions of this Agreen~ent~ F. None of the assts of Foundation are subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the fir~anciai statements furnished by Foundation to City, each ofthese representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment. . HAKE ANA AENDMEN~ A. Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the .terms of this Agreement expressly provide that another method shall be used. It is understood and agreed by the parties hereto that changes in the Mate, Federal or focal laws or regulations pursuant hereto inay occur during the term of this Agreement. Any such modifications are to be automatically incorporated into this Areeient without written amendment hereto, and shall becorrie a paxt of the Agreement on the effective date specified by the law or . regu ation. ~ . Foundation shall notify City of any changes in personnel or governing board corrzpositian, Fae ~ i } ~:ida~me~s and ~a~l ~ f~es~~t.ou~vo~lf5s~ly -scab pa~'~ ~OU~~.~c ~ . To a extent a~uthard ~ lam, a Foundation agrees to ~ndernnify, harmless, and. deed the + * • t • • I"I'~ its nicer eats, and ernployee~ ~on~ and aa~nst any and claa~ns or stets for urns, damage, {{eiei{~ry~ or lab o~hatever kind ~r character, ar~~g out ofor co~neon nth .e per~rmance by 40 ` ' r r ~ anon nr ~~se services contem fated ~ Agreement, ~nc~ud~n a~ sued cla~rns or causes afaon 'oud ~ ~ on cam~mo c~ns~toonal or statutory ~a, ar base, ~ whole or in pad, upon a~.egat~ons of based p n, , n ' ent or intentional acts vfFo.da~on, its employees, aents~ suhcantractor ~censees and invitees. Foundation covenants that nether tt nor ar~y member obits gavernin body presently has an interest direct or indirect, v~h~eh cold convict in any per or degree nth the er~on~ance of services re aired to be p~orn~ed under this Agreement, foundation fuxther ~ ~ . Qvenants that the erforn~.an~ce of this Agreement, no person hang such interest shad be ~ p ens to ed or appointed as a n~en~ber of its gove~ng body. Foundation further covenants that no member of its governing body or its staff, subcontractors or ein la ees shah ossess and int~xest in use his~her position for a purpose that is pY ~ or 'gyres the a earance of being motivated by desire for private gain far hirnselhersel~, or others; pP articularly those nth which helshe has may, business, or other ties. p o a.cer, member, or employee of pity and no rne~nber ~F its governing body ~vho exercises Function or responsibilities in the review or ppro~a~ ofthe ~nder~a~ing or carrying oust y ~ • ~f this cement shall ac~pte ~n any dec~s~on relating to the Agreement ~~ch affects s ~ ~ ersanal interest ar the interest in any c~rparataon, pnersh~p, or asociat~on h~ch he has direct or indirect ~.terest. i 1 • ~f An notice or other written instrument required or permuted to be delivered under the terms y of this A ee~nent shall be deemed tQ have bey delivered, herher aually received or not, when de opted in the Ignited States ~na~i, postage prepaid, restered ar eerted, retr~rn receipt requested, F , or via handRdel~ve or Faes~m~~e, addressed to Fvundat~on or qty, as the case may be, at the ~ollo.ng addresses: ITS F~~ATIC~~ 4'~ pity oFDenton, Texas president Attu; pity tanager ~ hest ieory Street cinney Benton, ~~~1 f]enton, T~ 7~~I 9~0.~.~~ Fay o. ~~.34.8~1 ~'a ~a. 0.4.28 ~ 4 i r c:ldocument~ and settingsllahalleyllocal settingsltemp~r~ry Internet fil~sl~ontent.outl~ak1~52sugailserv agr-historical park faund~tion,dac Either party nay change its nailing address by sending notice of change of address to the other at the above address by certified mail, return receipt requested, X~. MIELLANE~LJ Foundation shall not transfer, pledge ar otherwise assign this Agreement or any interest therein, or any claim arising thereunder to any pasty or parties, banl~, trust company or other financ1al ~nst~tut~on without the prior written approval of pity. Ifany provision ofth~ Agreement rs held to be invalid, illegal, or unenforceable, the rernainir~ provisions shall rerr~a~n in full farce and effect and continue to conform to the original intent of both parties hereto. In no event shall any payment to Foundation hereunder, or any other act or failure of ~lty to lnslt 1n any one or mare instances upon the terms and conditions afthls Agreement C~nst~- tute or be construed in any way to be a waiver by pity of any breach of covenant or default which .ay then or subsequently be committed by Foundation. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to City to enforce its rights hereunder, which rights, powers, privileges, or rerr~edies are always specifically preserved. No representative or agent of pity may waive the effect of this provision. 1~, This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understanding, or other can~rnitment occurring during the term of this Agreement or subsequent thereto, have any legal farce or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an an~endmer~t of this Agreement. This Agreement shall be interpreted in accordance with the laws of the Mate of Texas and venue of any litigation concerning this Agreement shall be in a court of competent jurisdiction sitting in Denton bounty, Texas. IN w1TN wHERE~F, the parties do hereby affix their signatures and enter into this Agreement as of the day of , Oaf. CITY ~F ~ENT~N ~GE~RGE . CAMPBELL, ~~T' MANAGER ATTEST: ,IENNIFR WALTER, CITY E~RETAR'~ ~Y: Page i 1 4 C;~~~r 8t'1(~ 5~~D~~~i~0 S'l~S~temP~Y ~~~.4~~~.~OO~C~SU31V •~D~L ~ ~011I'I[~~~UG R ~i I ~ }#.{y1W 1 L i.~~ s i This page left blank intentionally. AGENDA INFORMATION SHEET AGENDA DATE: July 21, 2009 DEPARTMENT: City Manager's Office CM/DCM/ACM: George C. Campbell, City Manager SUBJECT: Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Court Appointed Special Advocates to assist with funding of phone cost, local travel for child visits and office supplies; providing for the expenditure of funds therefore; and providing for an effective date. BACKGROUND: This agreement allows for the total expenditure of $500.00 (Mayor Mark Burroughs, $250; Council Member Chris Watts, $250) from Council Contingency Funds. Key provisions of the agreement me u e ■ Funds shall be used by CASA to assist with phone costs, local travel for child visits and office supplies. ■ In addition to other reporting requirements, documentation in the form of cancelled checks and/or corresponding receipts specifically detailing expenditure of funds for the purpose provided is required for reimbursement from these designated funds. FISCAL INFORMATION Funding for the contract will come from respective Council contingency fund accounts. Respectfully submitted: ¢ 4 ~F. I - ~ F 5 { 1 1 1 George C. Campbell City Manager Prepared by: Linda Holley Executive Assistant s:lo~ar docume~~lor~ir~ar~ces1~91serv agr ord-casa,~~c ORDINANCE NO. AN ODI~VANCE OF THE CITY OF DENTON A'HOIIN AN AREEIVIENT ~ETTEEN THE CITY OF DENTON, TEA, AND COURT APPOINTED SPECIAL ADVOCATES TO ASSIST NTH F~NDINC OF PHONE COST, LOCAL TRAVEL FOB CHILD IT, AND OFFICE LrPPLIES; PRO'L~IDIl~ FOR THE EPENDITtJ~RE OF FUNDS; AND PRO~II]n~'O FOR AN EFFECTIVE DATE. WHEREAS, the Court Appointed Special Advocates ~"CASA"~, a Texas non-profit co~por~tian, the "Orani~atron"} pravides cv~urt advocacy services for children to ensure a permanent place the "Program"}; and WHEREAS, the Organization and the City of ~entan desire to enter Into an agreement to provide far the continuance afthe Program which agreement is substantially in the same fa~rn as the agreernent attached hereto and nude a part hereaf by reference the "Agreement"}; and WHEREAS, the City Council of the City ofDentan hereby finds that the Agreement bet~een the City and the Organization attached hereto and made part hereafby reference serve a municipal , and public purpose and the Agreement is ~n the public interest; NOS, THEREFORE, . THE COUNCIL, OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set Earth in the preamble of this ordinance are incorporated by . reference into the body of this ordinance as if fu11y set Earth herein. SECTION The City 11lanager, or his designee, is hereby authorized to execute the .Agreement and to carry out the duties and responsibilities of the City under the Public service . Agreement, including the expenditure of funds as provided 1n the Public Agreement. ECTiON 3. This ordl~ance shall become effectl~c 1nllnedla~ely upon its passage and approval. PASSED AND APPR.O'VEI~ this the day of ~0~9~ SARK A BLTRR~UHS,1ViAYOR ATTEST: ~ENNI~'ER 'ALTERS, CITY S FCRETARY BY: APPRO~TED A TO LEGAL FOR.IVI: ANITA ~RCES , CITY ATTORNEY BY: 3 i :1Docent~ and Settin~S1LAHDLLEY1Locai settingslTemp~rary internet Fii~slContent.Ot~tlooklF52SUCrA[IServ Agmt-C ERVIC~ A1~ENT BETwEE T~ CITY ~F D~NTDN, TEAS AND URT AP~~~T~D PEIAL ADV~AT~ This Agreement 1s hereby entered into by and between the ~t~ ofDenton, Texas, ~ Hance Rule Municipal arparatian,hereinafter referred to as "pity", and court Appointed special Advocates, a Teas ion-Profit corporation, hereinafter referred to as "A~"~ WHEREAS, pity has determined that the proposal for services merits assistance and can provide needed services to citizens of pity and has provided funds in its budget far the purpose of phone cost, local travel far child visits, and office supplies; and WHEREAS, this Agreement series a valid mun~cipi and public purpose and is rn the publlc interest as it will assist local nonprofit agencies, schools, hospitals, and public safety organizations within the pity, arnang other things; ~~~V, THEREFORE, the parties hereto mutually agree as follows I. S~PE OF SERVIE NASA sha11 in a satisfactory and proper manner perform the fallowing tasl~s, for which the monies provided b~ it~r n~a~ be used; The funds being provided shall be used by NASA to assist with phone cost, local travel far ch11d vls~ts, and office supplies, II. ~BLIATI~N~ OF CAA . ha consideration of the receipt of funds from pity, NASA agrees to the following terms and cond~tlans. A, Five Hundred Dollars and nol~ ~~~0.0~~ shall be paid to AA by pity to be utilized far the purposes set forth in Article I. NASA will maintain adequate records to establish that the pity funds are used far the purposes authorized by this Agreement. NASA w~11 pern~~t authorized officals of lty to review Its boobs t any t1n~e. Upvn request, NASA w111 provide to 1ty Its saws and and ofits rules and regulations that nay be relevant to this Agreement. E. ~AA~ will not enter into and contracts that would encumber it~r funds for a period that would extend beyond the term of this Agreement. i ~ i I F, CASA will appoint a representative who will be available to meet with City officials when requested, . CAA w~ii submit to City copies of year-end audited f~nanciai statements. III, TI P~RF~RANC The services funded by City shall be undertaken and completed by ~rani~atian within the following time frame: The term ofthis Agreement shall commence on the effective date and terminate September 3~, unless the contract is sooner terminated under Section III "Suspension or Tenninatian". 1, pA'~11~~1~TS ~~~Y~CENT T~ CASA, C1ty sha11 pay to CASA the sung specified ~n Article II after the effective date of this Agreerrrent. . x~~ss CASA sha11 refund tv City within ten ~1 a} working days of City's request, any sum of money which has been paid by C1ty and which City at ar~y time thereafter etern~~nes. 1 ~ has resulted in overpayment to CASA; ar 2~ has not been spent strictly in accordance with the terms of this Agreement; or 3~ is not supported by adequate documentation to fu11y justify the expenditure. V, ~AL~JATI~N~ CASA agrees to participate in an in~plen~entation and maintenance system whereby the services can be continuously rnanitared. CASA agrees to make available its financial records for review by City at City's discretion. In addition, CAA agrees to provide City the following data and reports, ar copies Brea A. All external ar internal audits, CAA shall submit a cagy afthe annual independent audit to City w~thln ten ~ 1 a~ days of receipt, B. All external or internal evaluation reports. C. An explanation of any major changes in program services, I). Ta carnply with this section, CASA agrees to maintain records that will provide accurate, current, separate, and complete disclosure ofthe status of funds received and the services performed under this Agreement. The record systerrr of CAA shall contain sufficient documentation to Page ~ of 7 i 4 . ARRANT~E represents ~ warrants that . All infarmatian, reports and data heretofore ar hereafter requested by City and furnished to City, are complete and accurate as ofthe date shown on the information, data, ar report, and, since that date, have not undergone any significant change without written notice to City, B, Any supporting financial statements heretofore requested by City and furnished to City, are complete, accurate and fairly reflect the financial conditions of CAA on the date shown on said report, and the results of the operation for the period covered by the report, and that since said data, there has been no material change, adverse ar otherwise, rn the financial cand1tion of CAA, o litigation or legal proceedings are presently pending or threatened against CAA, ~ ~ None of the provisions herein contravenes ar is in conflict with the authority under which CAA is doing business or with the provisions of any existing indenture or agreerr~ent of CA. E. CAA has the power to enter into this Agreerrient and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions ofthis Agreement. . F, Wane ofthe assets of CAA are subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by CAA to City. Each ofthese representations and waxranties shall be continuing and shall be deemed to have been. repeated by the submission of each request far payment, CI~AI~CE ANf] AENI~I~IENT A. Any alterations, additions, ar deletions to the terms of this Agreement shall be by written amendment executed by bath parties, except when the terms of this Agreement expressly . provide that another n~ethad shall be used, B, It is understood and agreed by the parties hereto that changes in the Mate, Federal or local laws ar regulations pursuant hereto may occur during the term of this Agreement. Any such modifications are to be autan~atically incorporated into this Agreement without written amendment hereto, and shall became a part of the Agreement on the effective date specified by the law or regulation, . CAA shall notify City afany changes in personnel or governing board can~pasition. Page 4 of 7 I ~1. ~~EMNIFIATI~N To the extent authorized by law, the AAA agrees to indemnify, hold harmless, and defend the CITY, its officers, agents, and employees from and against any and all clams or suits for injuries, damage, loss, or liability of whatever kind or character, arising out of or in connection with the performance by the NASA or those services contemplated by this Agreement, including all such claims or causes of act1on based upon common, const~tut~onal or statutory law, or based, in whole or in part, upan allegations of negligent or lntentianal acts of NASA, its officers, employees, agents, subcontractors, licensees and invitees, YY. ~NFLIT ~F I~TEST A, NASA covenants that neither it nar any n~en~ber of its governing body presently has any interest, direct or indirect, which would conflict in ar~y manner or degree with the performance of services required to be performed under this Agreement. CAA further covenants that in the performance ofthis Agreen~er~t, no person having such interest shall be employed or appointed as a member of its governing body B ~ further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use hislher position for a purpose that is or gives the appearance of being motivated by deixe for private gain for himselflherself, or others; particularly thane with which he~she has family, business, or other ties. . Na officer, member, or employee of City and no member of its governing body who exercises any .function or responsibilities in the review or approval ofthe undertaking or carry~.n out of this Agreement shall participate in any decision relating to the Agreement which affects his personal antrest or the rnterest to any Carparatlon, partnerships ar assocratton in which he has direct or lndlr~ct ll]terest~ VIII, NOTICE Any notice or other written instrument required or permitted to be delivered under the terrn.s of this Agreement shall be deemed to have been delivered, whether actually received or not, when deposited in the I~n~ted States ~na~l,postage prepaid, registered ar certified, return receipt requested, or via hand-delivery or facsimile, addressed to NASA or pity, as the case maybe, at the following addresses: Page S of7 i i 1 CITY AA pity of Denton, Texas Sherri C idean, Executive Director Attn. 1ty Manager NASA 215 E, cinney P;~, Box 2855 Denton, T~ 1 Denton, T 7G20 Fax Na. 94a.49,559~ 940,24~22~'2 Either party may change its mailing address by sending notice ofchange afaddress to the other at the above address by certified mail, return receipt requested. DIV. ~VIIEIILANE~U A, CAA shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising thereunder to any party or parties, bank, trust company or other financial inst~tut~on without the prior written approval of pity. Yf any provision ofthis Agreement i held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to canforrn to the original intent of bath parties hereto, . In na event shall any payment to CAA hereunder, or any other act or failure of pity to insist in any one ar more instances upon the terms and conditions ofthis Agreement constitute or be construed in any way to be a waiver by ity of any breach of covenant or default which may then or subsequently be committed by AAA. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, ar remedy available to pity to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of pity may waive the effect of this provision. D. This Agreerent, together with referenced exhibits and attachments, constitutes the enure agreement between the parties hereto, and any prior agreement, assertion, statement, understanding, or other cammitinent occurring during the term of this Agreement, or subsequent thereto, have any legal farce or effect whatsoever, unless properly executed in writing, and if appropriate, retarded as an amenchnent of this Agreement, E. This Agreement shall be Interpreted. in accordance withthe laws afthe state ofTexas and venue afany litigation concerning this Agreement shall be in a court ofcampetent jurisdiction sitting in Denton Jaunty, Texas, Page ~ of7 i t IN ITNE ''ERE~F, the par~l~s do hereby aI`fix to slnture~ and enter into t Agreerrient a ofthe ~ day of , 209, CITY ~F DENTIN EDR~E Al1~~ELL, ITS A1~ER ATTEST: JENNIFER ALTER, CITE ERETARY PPR~~'EI] A TO LErAL FARM. ANITA BURE, CITY ATTORNEY A.A r 1 . RRI IDEDN EE~TE I~IRETOR ATTEST: BY: BD~4RD ~ERETARY Page 7 of 7 i This page left blank intentionally. AGENDA INFORMATION SHEET AGENDA DATE: July 21, 2009 DEPARTMENT: City Manager's Office CM/DCM/ACM: George C. Campbell, City Manager SUBJECT: Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Southridge Recreation Club which serves a public purpose in facilitating recreational activities; providing for the expenditure of funds therefore; and providing for an effective date. BACKGROUND: This agreement allows for the total expenditure of $450.00 (Mayor Mark Burroughs, $100; and Council Member Chris Watts, $350) from Council Contingency Funds. Key provisions of the agreement me u e ■ Funds shall be used by the Organization to assist with pool repairs, which serves and enhances a public recreational activity. ■ In addition to other reporting requirements, documentation in the form of cancelled checks and/or corresponding receipts specifically detailing expenditure of funds for the purpose provided is required for reimbursement from these designated funds. FISCAL INFORMATION Funding for the contract will come from respective Council contingency fund accounts. Respectfully submitted: ¢ 4 ~F. I - ~ F 5 { 1 1 1 George C. Campbell City Manager Prepared by: Linda Holley Executive Assistant ~ s:iou~r cumentslord~ances1~91sety agr Ord-southride rec c~~~,doc AN ORDINANCE ~F THE CITY ~F DENTIN AL~TH~RI~IN ~ AREEII~NT BETWEEN THE CITY ~F DENTIN, TEAS, AND S~UTHRIDCE RECREATION CHUB NCH SERVES A PUBI~~C PURPOSE IN F.ACII~ITATIN REREATION,AI~ ACTITIES; PI~O~ID~NC~ FAR TAE EPEND~T~RE OF Ft~ND THEREFORE; AND PRO~IDIN~ ~'OR AN E~`~'ECTNE DATE. WHEREAS} the Southnde l~ec~reat~on Club the "~rganizatior~"~ offers its swimming pools to be open to ~esldent~ of Denton pursuant ko the pur~hii*3V of LL ~nembVl~7h~p ~t~V "Prorra"~; and ~VHEREA, the City Council of the City of Denton hereby finds that the Program and the agreement between the City and. the organization attached hereto and made a part hereof by reference the "A.greement"} sere a municipal and public purpose including recreational activi~.es to the City of Denton and the Agreement is in the public interest; NOS, THEREFORE, THE C~UNCII~ ~F THE CITY ~F DENTQN HEREBY ORDAINS: SECTION 1. The find~r~gs set forth 1n the preamble of this ordnance are incorporated by reference into the body of this ordinance as if fully set forth herein. ~ SECTION The City iVlanager, or his designee, is hereby authorized to execute e Agreement and to carry out the duties and responsibilities ofthe City under the Agreement, including the e~pendYture of funds as provided in the Agreement. SECTION ~ This ordnance shall becon~.e effective 1rnmedlately upon its passage and uppro~ral. PASSED AND APPROVED this the day of , X009. l1~AR~ A. BLTRRO~UC~HS, MAYOR ATTEST: JENNIFER SALTERS, CITY SECRETARY BY: APPROVED AS T~ EEAL FORM: AN7TA BURGESS, CITY ATTORNEY BY; ~ - ► ~ i x c:ldoc~me~rts and settingsl~al~oll~yllocal settingslternporary Internet fileslcontent.outlooklf5~suga~~sen+ age-so~thridge roc cl~b.doc ~RVI~ A~E~iVI~1~T BET~EI~ TIDE ITS ~F DNT~~V, TExA A~~] T~ ~iIT~R~D~ I~~EA►T~N SUB This Agreement is hereby entered into by and between the City afDenton, Texas, a ~an~e Rule Municipal Corporation, hereinafter referred to as ~'City'~, ar~d authridge ~ecreatian Chub, a Texas Non-Prafit Corporation, hereinafter referred to "Organization"; H~IA, City has determined that the proposal for serv~Ces n~erlts ass1stance ar~d can provide needed services to citizens of City and has provided funds in its budget for the purpose of paying for contractual services; and ~V'HEREA, this Agreement serves a valid municipal and public purpose and i ~ the public i interest; CIO', ~FOR~, the parties hereto mutually agree as follows: Y. COp~ OF ~~v~CE Orgax~.zation shall in a satisfactory and proper n~anr~er perform the following task,for which the rrionies provided by City may be used: . The funds being provided shall be used by the Organi~tion to assist with pool repairs, ~rhich serves and enhances a public recreattanal activity. II. OB~,IOxAT~ON~ OF O~.OrANI~AT~~N In consideration ofthe receipt of funds frarn City, Orani~atian agrees to the falla~ving terms and conditions: A. Four Hundred Fifty Dollars aid na~~00 ~$450} shall be paid to Orgarnzatlo~ by Clty to be utilized for the purposes set forth in Article B, Organrzat~on ill rna~ntaln adequate records to establish that the C~ funds are used far the purposes authorized by this Agreement. Organization v~ill permit authorized officials of City to review its baolCS at any tune. D. upon request, Organization will provide to City its ~ ~a~rs and any ofits rules and regulations that may be relevant to this Agreement. Organization will not enter into ar~y contracts that mould encumber City funds for period that would extend beyond the term of this Agreement. i ti } , c:~document~ and s~ttingsVa~iol]eyVoc~]set#ingsltemparary Internet fileslc~ntent,~utlooklf52sng~ilserv agr southri~ge sec ~]t~~.doc F. ~ranizatian will appoint representative who will be available to meet with pity officials when requested. , organization will submit to City copies ofyear-end audited financial statements. 11I. TINf~ PE~~MAN The services funded by pity shall be undertaken and completed y ~rganizatian within the fallowing time fra.n~e: The tee of this Agreer]~ent shall can~ence on the effective date and terminate an epternber 3a, ~aa~, unless the contract is saaner terminated under ectian ~ "~s ension ar Tern'rinat~On~~, . . ~ A. PA~~~s To ~~~A~v~zArio~~ City shall pay to ~rgan~zatlon the sung specified 1n Articie 7f after the effective date of this Agreement, E~~ss PA~~~~~r, organization shaii refund to pity within ten ~ 1 working days of pity's request, any sum afrrzaney which has been paid by pity and which pity at any time thereafter . etern~rnes: ~ ~ has resulted in overpayment to ~rganizatian; ar has not been spent strictly in accordance with the terms ofthis Agreement; ar f 3} is not supported by adequate documentation to "fully justify the expenditure. EAf,~ATI~N ~rar~zatian agrees to participate in an implementation acrd rnaintenanCe system whereby the services can be continuously morritared. ~rgani~ation agrees to nuke available its financial records for review by City at pity's discretion. In addition, ~rganizatian agrees to provide pity the foliowing data and reports, ar Copies thereof: A. All external or internal audits. Organization shall submit a cagy of the annual independent audit to pity within ten ~l a} days of receipt. B. All external ar internal evaluation reports. . An explanation of airy mad or changes in program services. D. Ta comply with this sedan, Organization agrees to maintain records that wili provide accurate, Current, separate, and co~rrplete disclosure afthe staters affunds received and the services ~ n rra 1 a~~ ~ ~:tdoct~men~ and settin~sl~aholley~Ioc~~ settingslt~mpora~y infect filesl~ntent.out~aoklf5~sugailserv agr~sout~ridg~ rev club.dnc performed under this Agreement. Organization's record stem shall contain sufficient documentation to provide detail full support and~ustiicatian for each e~ enditure. Or anization agrees to retain all books, records, dacurnents, reports, and written accounting procedures ertainin ~ g to the services provided and expenditure of funds under this Agreement far f eve ears. Y Nothing ~n the above subsections shall be construed to relieve Or anizatior~ of , , g respons~bxl~ty for retaxn~ng accurate and current records that clearly reflect the level and benefit of services provided under this Agreement. V~. ~IR.ETOR' ET~O wring the term afthis Agreement, organization shall deliver to pity copies ofall natives of meetings of its Board of Directors, setting forth the time and place thereofwherein this ro am is a . p part ofthe subs ect matter ofthe n~eet~ng. such nat~ce shall be delivered to City m a tnnel manner to . Y give adequate nonce, and shall include an agenda and a brief descr~pt~on of the matters to be discussed. organization understands and agrees that pity's representatives shall be afforded access to all meetings of its Board of Directors. 1V~inutes ofall meetings ofOrganizatian's governing body shall be available to pity within ten ~ 1 a} working days of approval. TBRII~INATION The pity may terminate this Agreement for cause i#" Organization violates any covenants, agreements, or guarantees afthis Agreement, the Organlzat~on's lnsolver~c[i] or Alin afbankru tc ~ ~ ~ i Y ~ dlssolutzan, or recenvershlp, ar the Organization's violation of any law or regulation to which it 1s bound under e terms ~f this Agreement. The pity may terminate this Agreement for over rea.sons nit specifically enumerated in this paragraph. Organization shall comply with all applicable equal ernployn~ent opportunity and affirmative action laws or regulations. organization will furnish all information and reports requested by pity, and will permit access to its baol~s, records, and accounts far purposes of investigation to ascertain compliance with local, Mate and federal rules and regulations. In the event of ~rganization~s non~cannpliance with the non-dlscrin~lnatnan requirements, the Agreement maybe canceled, terminated, or suspended in whale or ire part, and Organization nay be barred franc farther contracts with pity. . Organization represents and warrants that: r ~c ~ c:ldoc~met,ts ar~~ s~t#~~gslIah~l~eyllocal se~ting~l~er~pora~y ittternet flesl~~~~ent,o~tlo~kl~s~tga~i~serv age-sauteridge rec ~~~b.doc ti 4 information, repar~s and data heretofore ar hereaer re uested b i and ~ Y furnished to pity, are complete and accurate as ofthe date shown on the information data or r art and, since that date, have not undergone any sagnifcant change without written notice to Ci , Any supporting financial taterents heretofore requested by pity and furnished to - Oity, are can~plete, accurate and fairly reflect the financial conditions of Organization on the date shown on said report, and the results of the operation for the period covered b there art and that y p since said data, there has been no material change, adverse or atherise, in the nancia~ condition of Organization. O. NQ litigation or legal proceedings are presently pending or threatened a aint ~ f Organ~zat~on. D. None of the provisions herein contravenes or is in conflict with the authority under which Organization is doing business or with the provisions ofany existing indenture or a een~ent . of Organlzat~an. E. Organization has the power to eater into this Agreement and accept pa ents . Ym hereunder, and has taken all necessary action to autho~.ze such acceptance under the terms and conditions of this Agreement. bone of the assets of Organization are subject to any lien or encumbrance of an y . character, except far current taxes not delinquent, except as shown in the financial statements fuxnished by Organization to Oity, each afthese representations and warranties shall he continuing and shall be deemed to have been repeated the submission of each request far payment. SANE AND A.IVIEND~NT A. Any alterations, additions} or deletions to the terms of this Agreement shad be b y written amenc~ent executed by both parties, except when the terrns of this Agreement e~ ressl p Y provide that another method shah be used. It i understood and agreed by the parties hereto that changes in the state, federal or local laws ar regulations pursuant hereto nay occur during the term of this Agreement. An such ~ s ~ + F i . + r n~adif~catians are to be automatically incorporated into this Agreement without written amendment hereto, and shall become a part of the Agreement on the effective date s ecified b the law ar p y regulation, C. Organization shall notify Oity of any changes in personnel ar governin board g coinpasitla~n. ~ r arc ~ f c,ldocurnents and ~~~ngsllal~o~l~ylloc~~ settln~sltem~orary int~rnet fileslcontent,ontlooklfS~suga~lsety agr~s~~thridge rec cIr~~.doc ~I, ~NI~~MN~PICATI~ To the extent authorized by law, the organization agrees to inde~nni , hold harmless and a defend the CITY, its officers, agents, and ernplayees fram and a ainst an and aII claims or suits f ~ Y ar ~n~unes, damage, lass, ar liability ofwhatever find or character, ar~s~n out afar ~n Cannec~an nth the performance by the organization or those services contemplated b this A eerneuti includin all such ~ + ~ V J claims ar causes ofac~ion bayed upon Gammon, constitutional or statuto law, ar based inwhole or ~ . ~ rY part, upan allega~ons ofnegligent ar ~ntentiona~ acts of ~rgatuzat~on, Its o~cers, errs la ees a ents p ~ ~ a subcontractors, licensees and invitees. C~N~PL~CT INTIT A. organization covenants that neither it nor any mernher ofits governin od resent Yp y has any interest, direct or indirect, which would conflict in an manner or de ee with the Y ' performance of services required to be performed under this Agreement. ~r anizatian fisher g covenants that 1n the performance of this Agreement, no person having such interest shall be employed ar appointed as a member of its governing body, B. Organ~zat~on further covenants that na me.her of its governin bad ar its staff g Y subcontractors or employees shalt possess any interest in or use hislher osition far a ase that is ~ P or gives the appearance of being matYVted by desire for private gain far himselflherself or others particularly those with which helshe has family, business, or other ties. Na officer, rnern.ber, or e.ployee of City and no member of its governin bod who . g y exercises any function or respons~bil~t~es ~n the review cr approval ofthe undertaking or c 'n out . ~ g of this Agreement shall participate in any declsior~ relating to the A cement which affects his personal interest or the interest in any corporation,partnership, ar association in which he has direct or indirect interest . XIII, NOTICE Any notice or other written instrument required ar permitted to be delivered under the terms of this Agreement shall be deemed to have been delivered, whether actuail received ar not when y deposited in the U~iuted Mates ~na1l,postage prepaid, registered or certified, return recei t re nested • a ~ ~ ~ ~ p 1 or via hand-delivery ar facszn~ile, addressed to ~ran~zation or City, as the case n~ be at the Y following addresses; CITY OROA~ATI~N City of Denton, Teas Patricia Boasa, President Attn: City Manager 4 dolling dills 1 cinney Denton Tx 7G~~ Denton, Tx 7~~aI 94~.3~a~a72 lax No. ~4~.34~.~~1 n.~ _ c ra,LP C J ' 4 c:ldocuments and settingsllol~e~+l~oca~ settin~sltem~orary Internet filesl~ontent.outlo~~lf52~ugailserv agr-southridge rec ~~~b.doc w Either party may change its rnailtng address y sendin notice of than ~ of address to h g to other at the above address by certified mail, return receipt requested. DIV. iVIIELLAI~E~ _ ~rar~zatiQn shall not transfer, pledge or otherwise assi this A Bement ar an ~ y ~ + F interest therein, vr~any clam ans~ng thereunder to any party or parties, bank, trust corn an ar other financial 1nst~tut~an v~thout the prior written approval ~ t . B. If and provision ofthis ~ Bement 1s held to be invalid ~ llea~, ar unenforceable, the remaining provisions shall remain in full farce and effect and continue to conform to the art final inter t of bath parties hereto. ~n no event shall any payment tQ ~rgan1~ation hereunder, or any other act or Failure of pity to insist in any one or more Instances upon the ternxs and conditians ofthl A Bement cansti- tote or be construed in any way to be a waiver by pity of any breach of cove~.ant or default which may then or subsequently be committed by ~rani~a~.an. neither shall such y1rr~►7Ja ent act` or a~nission m any manner ir~ipair ar prejudice any right, power, privilege, or remedy available to City to enforce its rights hereunder, which rights, powers, privileges, or rcrnedies are alwa s s ecif call Y p y preserved. No representative or agent of pity n'~ay waive the effect of this provision, D, This Agreement, together with reFerenced exhibits and attachments, constitutes the entire agreement between the pales hereto, and any prior agreement, assertion statement understanding, ar other cominitment occurring during the term of this A Bement or cube cent ' q thereto, have any legal farce or effect v~hatsoever, unless properly executed to writin and if appropriate, retarded a.s an an~eudment of this Agreement. E, This Agreement shall be interpreted in accordance with the laws ofthe Mate ofTeas and venue of any Iitlgati0rl conceing this Agreement shall be in a court of cony etent 'uridiction ~ ~ sitting In Denton bounty, Texas. IN' wiTE wE1~EF, the parties da hereby affix their signatures grid enter into this Agreement as ofthe day of _ _ ~~~g, ~IT~ ~F E~ITON ~E~C~E . CAMPBELL, QTY ANA.E ATTEST: JENN~PE WALTER, CITY ERETA~~ ~n~~ r agu u r t c.l~ocumer~ts acid settir~gslla~o~~~yl~ocal t~ingsltemrary in#~ni~t f~eslco~te~t.o~tl~oklf52sua~~serv agr sout~rid~e roc club.doc A~~R~EI] A TO ~~CA~ ~`~M; ANIT~ BR~~ ITS ~TT~RN~ . ~ ~UTHDE RIAT~~~ LAB ~Y: ~AT~IIA BSA, ~REITJENT ATTEST: CR~TA.~ U~ rYa 'T t 4i~V f This page left blank intentionally. AGENDA INFORMATION SHEET AGENDA DATE: July 21, 2009 DEPARTMENT: City Manager's Office CM/DCM/ACM: George C. Campbell, City Manager SUBJECT: Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Cumberland Presbyterian Children's Home to assist with their Fall Festival Fund Raiser; providing for the expenditure of funds therefore; and providing for an effective date. BACKGROUND: This agreement allows for the total expenditure of $350.00 (Mayor Mark Burroughs, $250; Council Member Chris Watts, $1000) from Council Contingency Funds. Key provisions of the agreement me u e ■ Funds shall be used by the Foundation for assistance with the Foundation's Fall Festival Fund Raiser. ■ In addition to other reporting requirements, documentation in the form of cancelled checks and/or corresponding receipts specifically detailing expenditure of funds for the purpose provided is required for reimbursement from these designated funds. FISCAL INFORMATION Funding for the contract will come from respective Council contingency fund accounts. Respectfully submitted: ¢ 4 ~F. I - ~ F 5 { 1 1 1 George C. Campbell City Manager Prepared by: Linda Holley Executive Assistant s:lour docum~n~lo~dinances1~91serv agr or~~um~erlan~.d~c ORI~IlITANCE AN ORDINANCE ~F THE CITY DENTIN AUTH~RT~INCx AN A~REEMEl~T BETEEI~ THE CITY DENTNr TE~.A, AND CLTMBER.EA~D PRESBYTERIAN CH~DREN' HOME T~ AST KITH THEIR FA~~, FETIAI1 FUND RAISER; PR~TIDIiVC~ FAR THE EENDITURE ~`U~TD~ AID PR~VID FAR AN EFF~CTI~E DATE. HEREAS~ the Cumberland Presbyterian Children' Hance, ~ Texas non-pra~it eorparatlon, the "~rani~ation"} provides a Name far children and singe parent farnilies, and is the horns afthe Pami~y outfitters Program, which offers counseling, parenting classes and other ser~iees the "Program"}; and WHEREAS, the ~rgan~zatron and the C1ty of ~]entan desire to enter Into an ~.greernent to provide far the continuance ofthe Program which agreement is substantially in the sane form as the agreement attached hereto and made a part hereof by reference the "Agreement"}; and WHEREAS, the City Council afthe City af~entcn hereby finds that the Agreement between the City and the grani~ation attached hereto and made a part hereofby reference sere a municipal and public purpose and the Agreement is in the public interest; N~, THEREFORE, THE C~~C]NCIL F THE C~'Y DENTS HEREBY ~RDAI~S; SECTION I . The findings set forth in the preamble of this ordinance are incorporated by reference into the body of this ordinance as if fully set forth herein, SECTION 2. The City Manager, ar hxs designee, is hereby authorised to execute the Agreement and to carry out the duties and respou.sibilities of the City under the Public Ser~.ce Agreement, including the expenditure of funds as provided in the Public Agreement. ECTI~N 3. This Ordinance shah becona.e effecti~re 1m~nediate~y upan its passage and approval, PASEI] AND APPROVED this the day of MA.K A. BURR~UHS, MAYOR ATT~~e ~ENNI~"ER AFTERS, CITY SECRETARY BY: APPROVED A T~ LECAE FARM: ANITA ~E, CITY ATTORNEY BYa i c.1~~cumen~s end ~et~i~gsliah~~leyl~~c~1 settingslte~p~rary Internet ~l~slconter~~.~u~loak~"52sngailserv agr-cumber~and.doc E~v~~E ,~REE1I~E~T BETWEEN THE QTY ~F ~]ENT~, TEAS A.ND ~l1~BERLAND FI~EBYTEIA I~ILDREI~' I~~l1~E This Agreement x hereby entered into and between the 1ty ofDenton, Texas, a dame Rule 1VIun1clpal corporation, hereinafter referred to ~,ity", and the Cumberland Presbyterian children' ~ Home, a Texas N~onYPro~it arporatian, hereinafter referred to as 'tFoundation"; w~EREA, pity has determined that the proposal for services merits assistance and can pro~ride needed services to citizens of pity and has previded funds in its budget for the purpose of paying for assistance with the Foundation's Fall Festival Fund Raiser; and wH~R~A~, this Agreement serves a valid n~~nlclpal and public purpose and ~ ~n the public interest; I~~~v, TIRFRE, the pasties hereto rr~utually agree as follows; OPE ~F ERVIE Foundation shall in a satisfactory and proper manner perform the following tasslc, far which the monies provided by pity may be used: The f~t~ds being provided shall be used by the Foundation for assistance with the Foundation's Fail Festival Fund Raiser. 7Y. ~BL~AT7D F~UNDAT~D a I In consideration ofthe receipt offends from pity, Foun~.ation agrees to the following terms anc ~ond1t1011s: A. Three I~undred Fifty Dollars and noel ~~5~,00} shall be paid to Foundation by pity to be utilized for the purposes set forth in Article I. B, Foundation will maintain adequate records to establish that the pity funds are used for the purposes authorized by this Agreen~enti Foundation wt.ll permit authorized off ic~als of 1ty to review its boobs at any tlm.e. D. upon request, Foundation will provrde to 1ty Its By Laws and any of its rules and regulations that may be relevant to this Agreement, Foundation will not enter into any contracts that would encumber pity funds far a period that would extend beyond the term of this Agreement, i c,1~ument~ and ~e~ingsllal~ol~~yll~cal settingsltemparary inter~et fileslconte~t.~utlooklf5~su~ailserv agr-cumb~rlan~.doc F+ Foundation will appoint a representative will be available to meet with Ci tY of~clals when requested. C~~ Foundation will submit to City copies of yearend audited financial statements. III, TIME ~ PERF~~MAI~CE The services funded by City shall be undertaken and completed by Foundation within the fallowing time fran~e~ The term of this Agreement shall commence on the effective date and terminate one September ~~~9, unless the contract is sooner terminated under ectian V~ 'Suspension or Tern~inatio~a"'. r. PAYMENTS A. PAYMENT T~ FOUNI~~4T~ON. City shall pay to Foundation the sung specifed in Article II aver the effective date of this Agreement. B. PAYME~i'T. Foundation shall refund t~ City within ten ~10~ warn days of City's request, any Burn ofn~oney which has been paid by City and which City at any tirr~e thereafter determines: 1 ~ has resulted in overpayment to Foundation; or has not been spent strictly in accordance the terms ofthis Agreement; or } is nat supported by adequate documentation to fu11y justify the expenditure. Vi EALATI~N Foundation agrees to participate in an implementation and maintenance system whereby ~e services can be continuously monitored. foundation agrees to made available its financial retards for review by City at City's discretion. In addition, Foundation agrees to provide City the follawin g data and reports, or copies thereof: A. Ail external or internal audits. Foundation shall submit a copy of the annual independent audit to City within ten ~ 10} days of receipt. B. All external or internal evaluation reports, . An explanation ofany major changes in praranx services. To cOrnply with th1.s section, foundation agrees to maintain records that will prQVide accurate, current, separate, and con~piete drsc~osure ofthe status offends received and the services _ rage ~ a c:ldoc~men~s and settingsllaholl~yl~ocal settingslter~porary i~t~~net fileslcontent.o~tl~aklf52sugailsenr agr~urnber~and.doc perfer~ned under this Agreement, Foundation" record system shall contain sucient docurnenta~on to provide in detail full support ar~d justification far each expenditure, Faunda~Qn agrees to retain all baol~s, recards, documents, reports, and written accounting procedures pertaining to the services provided and expenditure of finds under this ,Agreement far five years. Nath~ng 1n the above subsect~ens shall be construed to relle~ve Faundat~on of responsibility for retaining accurate and current records that clearly reflect the level and benefit of services provided under this Agreement. Y ii ~~1lL;lf~~l.Jf ~~~~~►J wring the terra of this Agreement, Foundation shall deliver to pity copies of a~i notices of meetings of its Bard of Directors, setting farts the time and place thereof wherein this pragran~ is a part afthe subject natter ofthe meeting. such notice shall be deli~rered to pity in a timely manner to give adequate notice, and shall include an agenda. and a brief description of the rriatter to be discussed. Faundat~on understands and agrees that arty"s representatives shall he afforded access to all meetings of its Board of Directors. ll~inutes of all meetings ofFoundatian' governing body shall be available to pity within ten ~ 1 a} wording days of approval. VAX, T~R.IVIINAT~~N The pity may terminate this Agreement far cause if Foundation ~ialates any co~renants, agreements, or guarantees of this A.green~ent, ~e Foundation's lnsoivency or f ling of bankruptcy, dissolution, or receivership, ar the Founda~.on"s violation of any law ar regulation to which it 1s bound under the terms of this Agreement. The pity rrray terminate this Agreement far other reasons not specYfically enumerated 1n thls paragraph, . VIII. DUAL OPF~I~TUNIT~ AND, PLIANE wITH LAw A. Foundation shall cornp~y with all applicable equal e~nploynaent opportunity and affirmative action laws or regulations. . B, Foundation will furnish all inforn~atian and reports requested by pity, and will permit access to tt boalCS, recards, and accounts for purposes ofinvestigation to ascertain compliance with local, state and Federal rules and regulations, In the event of Foundation's nonycon~pliance with the non-discrimination requirements, the Agreement nay be canceled, terminated, or suspended in whale or in part, and Foundation may he barred from. further contracts with pity. '~vARRANTrE Foundation represents and warrants that. ~ 1 4i~1.+ J c:ldocaments and setringsllaho~leyl~ocal settingsltem~orary interr~et ~~eslc~rttent.out~oo~ClfS~s~gai~serw age-~u~tberla~d.~ac A. All inforn~a.tian, reports data heretafare or hereafter requested by i and. . tY furnished to are complete and accurate as ofthe date shown an e in~or~natian, data ar re art s p , and, since that date, have not undergone any significant change without written notice to i , Any supporting finnc~a~ statements heretofore requested by pity and furnished to pity, are complete, accurate and faxri~ reflect the ~inancia~ conditions of ~'oundatian an the date shown an said report, and the results of the operation for the period covered b there ort and that ~ r since said data, there has been na material change, adverse yr otherwise, in the ~cia~ condition of Foundation. Na litigation or legal proceedings are presently pending or threatened a axnst ~1~ . g Fo 4FLl~at~ar I~. None ofthe provisions herein contravenes ar is in conflict with the authori under . 4 . . ~ F ~ which Faundat~on ~s doing business or with the prav~~ons ofany existing indenture or a een~ent of i Foundation. Foundation has the power to enter rata this Agreement and accept pa eats hereunder, and has tal~en a1I necessary actlan to autharl~e such acceptance under the terms and conditions of this Agreement. F. None of the assets of Foundation are subs ect to any I1en ar encu.brance of an character, except far current taxes not delinquent, except as sham in the financial statements furnished by Foundatio~a to pity, each ofthese representat~ans and warranties shall be continuing and shad be deemed to have been repeated by the submission of each request for payment. . SANE A.ND A~N~DNN~` A. Any a~teratiQns, a.dditian, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement ex ressl r provide that another n~ethad shall be used B, It is understood and agreed by the parties hereta that changes in the state, Federal or local Laws ar regulations pursuant hereto rriay occur during the term of this Agreement. An such Y modlficatrons are to be autarriat~cally incorporated into this Agreement without written an~endrnent hereta, ar~d shall become a part of the Agreement on the effective date specified b the haw or . y regulation. . ~oundatian shall notify pity of any changes in personnel ar gavernin board g composition. U~ r~~ d w i c:ld~cuments and settingsllat~~ileyl~ocal se~ingsltet~porary int~rnet ~~eslca~tent.autl~aklf52s~gaflserv agr-cumberlan~..~oc r. ~vD~M'~~F~~ATr~~ To the extent authorized by law, the Foundation agrees to i~dernnify, hold ha~less~ and defend the CITY, its af~cers, agents, and employees from and against any ar~d all claims ar suits far in'uries . ~ damage, lass, or llab~l~ty of whatever ~.nd or character, arising out of or in cannectian with the performance b~ the Foundation or those services contemplated by this Agreement, incl~zdin all such . F . ` clams or causes ofact~on based upon common, constltutxonal or statutory law, or based, inwhole ar in part, upon allegations of negligent or intentional acts of Foundation, its o~cers, employees, a ants, r . . subcontractors, licensees and ~nv~tees, ~I~ ONFL~T INT~T A. Foundation covenants that neither it nor any rrzen~ber afits gaverr~ing body presently has any interest, direct ar indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Foundation further covenants that in the performance of this Agreement, no person having such interest shall be en~plo~ed or appointed as a member of its governing body. B. Foundation further covenants that na member of its governing body ar its staff, subcontractors or ernplayees shall passers any interest in or use hislher position for a purpQSe that is or gives the appearance of being rnativated by desire far private gain far hirr~elflherself, ar others; particularly those with which helshe has family, business, ar other ties, Sao officer, rnen~ber, or employee of pity and no member of its o~rerning body who exercises any fur~ctian or responsibilities in the review or approval othe undertaking ar c out . ~ ~g of this Agreement shall partlclpate to any dec~s~on relating to the Agreement which affects his persanaY interest or the interest in any corporation,partnership, or association in which he hay direct or 1ndlrect lnterest, ~I. N~TI~ Any notice ar ether written instrument required ar permitted to be delivered under the terms of this Agreement shah be deemed to have been delivered, v~hether actually received or not, when deposited in the l~nited Mates mail, postage prepaid, registered or certif ed, return receipt requested, or via hand-delivery or facsimile, addressed to Foundation ar pity, as the case may be, at the fallowing addresses: QTY F~U~DATI~N~ pity of Denton, Teas Caroline Lana Attn: pity Manager Director of Advancement ~ 1 E. Mcl~inney P,~. Drawer G Denton, T 720 ~ Dentan, T 7~20~ Fax ~o. 940.49.5591 940.82.5112, ext. 270 ~ r.~v c:ldac~ment~ aid setkir~gslIa~o~~eyll~cal settin~sltempora~y Internet f ~le~lconte~t.o~t~ook1f52sugail~e~'v agr~cumber~~nd.d~c Either party may change its mailing address by sending notice of than ~ of address to th g e other at the above address by certified mail, return receipt re nested. N1YCE~~Al~EO A, Founda~on shall not transfer, pledge or othervv~.se assign this ~ eement or an ~ . ! f interest therein, ar any clam ax~s~n thereunder to any party or parties, band, trust com an or other p y financial Institution without the prior written approval of pity. . Yfany provisiar~ ofthis Agreement is held to be invalid, ille al, or unenforceable the ~ remang prov~stons shall remazn in full farce and effect and continue to conform to the on final rntent of bath parties hereto. fn no event shall any pa~.nent to Foundation hereunder, or any other oat or failure of i to insist in any one or mare instances upon the terms and conditions of this ~ eement consti- ~ i ~ tute or be construed ~n, any way to be a waver by ~t~ of any breach of covenant or default which may then or subsequently be committed by Foundation. Neither shall such ent, act ar orr~ission • ~ ~ ~ ~n any manner in~pa~r or pre~udlce any right, paver, pr~v~lege, or remedy available to pity to enforce its rights hereunder, which rights, powers, privileges, ar remedies are alwa s s ecif~call reserved, ~ ~ Yp loo representative or agent of pity may waive the effect of this provision, D. This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any p~.ar agreement, assertion, statement understanding, or other commitment occurring during the term of this A eement or ubse uent thereto, have any legal force or effect whatsoever, unless properl executed in writin and if g~ appropriate, recorded as an amendment of this Agreement, E, ~ This Agreement shall be interpreted in accordance with the laws of the Mate ofTexa.s anal venue of any litigation concerning this Agreement shall be in a court of com etent 'urFdiction P J siting in Denton bounty, Texas. IN w~TN~E w~~E~F, the parties do hereby affix their signatures and enter into this Agreement as of the day of _ ~~~9. ~lT~ ~F DENTIN E~RxE A~PBE~L, CITY A1~AxE ATTEST: ~E]IFE wA~TER, ~T~ ERETAR~ E~: Pa~~ ~ + ~ w y c.ld~curr~en~s ar~~ set~ingsllahol~eyl~oca! s~t`i~gsl~er~porary in~ernet ~leslcontent.on~l~~klf5~sugailserv agr-cum~ertand.doc h APPR.~~~D A T~ ~E~ AN~TA BURS, ITS ATfi~RNY ~ L ~J1VC~ER~AN~ ~REBYTERIA~ V17~~~ ~~ikl1 D.E~T~R ~DANBNT ATTEST: BY: ~RTA~ P~ 7 i tf~ M / This page left blank intentionally. AGENDA INFORMATION SHEET AGENDA DATE: July 21, 2009 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Consider adoption of an ordinance of the City of Denton, Texas amending the Fiscal Year 2008- 2009 Budget and Annual Program of Services of the City of Denton to allow for an adjustment to the Materials Management Fund of two million dollars ($2,000,000) to provide for additional expenditure authority associated with the cost of goods sold; declaring a municipal purpose; providing a severability clause; providing for an open meetings clause; and providing for an effective date. BACKGROUND The FY 2008-09 Materials Management budget is $7,163,909. A component of this budget is the cost of goods sold in the Warehouse. The FY 2008-09 cost of goods sold budget is $4,664,507, and it represents the estimated cost of goods that will eventually be "sold" to user departments. In recent months, Denton Municipal Electric (DME) has worked extensively on the RD Wells substation interchange. This project required the purchase of a significant amount of materials, including conductors and cables. Another cost intensive project for DME was service to the north side of the Rayzor Ranch development. This project required additional purchases for a new overhead line from Bonnie Brae to IH -35. The impact of these expenditures has caused the cost of goods sold line item to reach near capacity. Due to a normal increase in purchase activity for many of our operating units in the summer months, staff recommends amending the Materials Management Fund to meet this anticipated need. This budget amendment would allow an increase in expenditure authority in the cost of goods sold by $2,000,000. This increased amount will provide additional capacity for future purchases through the remainder of FY 2008-09. These increased expenses will be offset by higher revenues for departments (principally DME) using the Warehouse operation. PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISIONS) None Agenda Information Sheet July 21, 2009 Page 2 FISCAL INFORMATION This ordinance will allow an additional $2,000,000 in expenditure authority for the Materials Management Fund. The new cost of goods sold budget would be $6,664,507. The total Materials Management Fund Budget will be $9,163,909. Respectfully submitted: Bryan Langley Director of Finance sa~,a~~~r ~~~~~~~~~ratsl~r~i~~a~~~~~`,a~0~~~.ial~~t a~t~c~7afi~~e~~t:cJ~~ RI~~~i1E C `TI~~ ITS I~ITI"~, ~~DI T ~'IL I~ I°~Y Q~F I'T T LLC~~ F~ .1~~'~~' T~ TILL 11~T'~I~L A.~II~~ T"'L 1'~LLI I~~[LL ~t~'E ~~I I~I~I'~I L P~~I~'II~E L~T'~TT A.'I.~°I~I I~I'~. 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LTI~, "~T ~'I~E~'R B' e r ~ 1'~.~ u~-~ ~y~,,~d~ - - _ - M AGENDA INFORMATION SHEET AGENDA DATE: July 21, 2009 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Consider an ordinance of the city of Denton, Texas to declare the intent to reimburse expenditures from the Solid Waste Reserve Fund with certificates of obligation with an aggregate maximum principal amount equal to $2,902,000 to allow the Solid Waste Department to continue funding ongoing capital expenditures for Solid Waste facilities; and providing an effective date. BACKGROUND The Solid Waste Department will be utilizing $2,902,000 in Certificates of Obligation (CO) for ongoing capital expenditures relating to Solid Waste facilities. Initially, expenditures will be charged to the unreserved fund balance of the Solid Waste Department and will be reimbursed with COs sold in Fiscal Year (FY) 2009-10. The FY 2008-09 Budget assumed funds from the issuance of bonds would pay for these expenses. However, due to the delay of the bond sale, the COs are now expected to be sold in FY 2009-10. These funds will be used for the Solid Waste Department's capitalized facilities that were approved as part of the 2008-09 Capital Improvement Budget. Due to additional capital projects, the Solid Waste Department anticipates that a second reimbursement ordinance may be required prior to the issuance of the certificates of obligation. However, since funds are not expected to be available in the current fiscal year, the additional reimbursement ordinance will not be submitted until FY 2009-10. PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISIONS) The Public Utility Board recommended approval of this item on July 13, 2009. FISCAL INFORMATION This ordinance will allow $2,902,000 from the Solid Waste unreserved fund balance to be expended and subsequently reimbursed with COs. Respectfully submitted: Bryan Langley Director of Finance 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 July 13, 2009 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6 present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on 7 Monday, July 13, 2009 at 9:00 a.m. in the Service Center Training Room, City of Denton 8 Service Center, 901-A Texas Street, Denton, Texas. 9 10 Present: Chair Dick Smith, Phil Gallivan, John Baines, Randy Robinson and Bill Grubbs 11 12 Ex Officio Members: 13 George C. Campbell, City Manager 14 Howard Martin, ACM/Utilities 15 16 Absent: Bill Cheek, excused 17 18 OPEN MEETING: 19 20 CONSENT AGENDA: 21 The Public Utilities Board has received background information, staff's recommendations, and 22 has had an opportunity to raise questions regarding these items prior to consideration. 23 24 2) Consider recommending approval of an ordinance of the City of Denton, Texas to declare the 25 intent to reimburse expenditures from the Solid Waste Reserve Fund with certificates of 26 obligation with an aggregate maximum principal amount equal to $2,902,000 to allow the 27 Solid Waste Department to continue funding ongoing capital expenditures for Solid Waste 28 facilities; and providing an effective date. 29 30 Board Member Phil Gallivan moved to approve Item 2 with a second from Board Member 31 John Baines. The motion was approved by a 5-0 vote. 32 3 3 The meeting was adj ourned by consensus at 10:03 a.m. 34 ORDINANCE N0.2009- AN ORDINANCE OF THE CITY OF DENTON, TEXAS TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE SOLID WASTE RESERVE FUND WITH CERTIFICATES OF OBLIGATION WITH AN AGGREGATE MAXIMUM PRINCIPAL AMOUNT EQUAL TO $2,902,000 TO ALLOW THE SOLID WASTE DEPARTMENT TO CONTINUE FUNDING ONGOING CAPITAL EXPENDITURES FOR SOLID WASTE FACILITIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton (the "Issuer") is a municipal corporation and political subdivision of the State of Texas; and WHEREAS, the issuer expects to pay expenditures in connection with the acquisition of equipment and the acquisition of land for and construction of capital improvements (hereafter the "Projects") for the Solid Waste Department approved in the 2008-09 Adopted Budget, and which are more particularly described in Attachment "A"; and WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 Treasury Regulations, to reimburse itself for such payments at such time as it issues the obligations to finance the Projects; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Issuer reasonably expects to incur debt, as one or more series of obligations, with an aggregate maximum principal amount equal to $2,902,000 for the purpose of paying the costs of the Projects, as set forth in the attached Attachment "A", which is incorporated by reference and made a part of this Ordinance for all purposes. SECTION 2. All costs to be reimbursed pursuant hereto will be capital expenditures of the Solid Waste Department. No tax-exempt obligations will be issued by the Issuer in furtherance of this Ordinance after a date which is later than 18 months after the later of (1) the date the expenditures are paid or (2) the date on which the property, with respect to which such expenditures were made, is placed in service. All amounts expended from the Solid Waste Reserve Fund for the Projects set forth in Attachment "A" to pay any costs of the Projects, shall be reimbursed from the Certificate of Obligation proceeds within the 2009-10 fiscal year. SECTION 3. The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to this Ordinance more than three years after the date any expenditure which is to be reimbursed is paid. SECTION 4. The findings set forth in the preamble of this Ordinance are incorporated by reference into the body of this Ordinance as if fully set forth herein. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2009. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: Page 2 of 3 v ATTACHMENT A Solid Waste Projects for FY 2008-09 Project Number Project Type Description Project Costs 1 Commercial Comm- Container- Equipt.- Maintenance $ 110,000 2 Landfill SW Management Planning 20,000 3 Landfill Solid Waste Equipment /Rebuilds 510,000 4 Landfill Landfill Security 160,000 5 Landfill Landfilllmprovements 160,000 6 Landfill Integrated Waste Mgmt. System 700,000 7 Landfill SW Equipment and Tire Wash 300,000 8 Landfill Landfill Software 100,000 9 Landfill Landfill Expansion 700,000 10 Residential Res- Container- Equipt.- Maintenance 92,000 11 Recycling Recycling Commercial Containers 50,000 Total FY 2008-09 $ 2,902,000 This page left blank intentionally. AGENDA INFORMATION SHEET AGENDA DATE: July 21, 2009 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Ethan Cox 349-7421 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance of the City of Denton, Texas accepting competitive bids and awarding a best value three year contract for utility bill printing and mailing services for the City of Denton; authorizing the expenditure of funds therefor; and providing an effective date (Bid 4246-Best Value Bid for Utility Bill Printing and Mailing awarded to Ancor Information Management, LLC, dba Utilitec in an annual amount not to exceed $350,000 for a three year contract amount not to exceed $1,050,000). The Public Utilities Board recommends approval (5- 0). BID INFORMATION The City of Denton's Reprographics Department has been responsible for the printing of utility bills for many years. In March 2008, the City received a management study from Maximus that detailed various recommendations for the Reprographics Department. One such recommendation was to "outsource utility bill printing and mailing and assign management responsibility for the contract to the Utilities Department (in other words, Reprographics should no longer perform this unction)." To ensure low cost and explore self service features for utility customers, staff submitted a Request for Proposal (RFP) to qualified printing and mailing vendors. The services evaluated included the printing and mailing of the City's utility bills. A selection committee comprised of the Customer Service Manager, Customer Service Business Analyst, Customer Service Systems and Operations Administrator, Utility Process/Quality Control Auditor, Community Relations Manager, Landfill Manager, and Public Communications Manager reviewed the proposals from each vendor. In addition, the Director of Finance, the Budget and Rate Manager for Water, and Senior Buyer participated in the selection committee as non-voting members. Proposals were evaluated based on the following weighted criteria: 1) cost of the proposal - 35%, 2) ability to meet the City's specifications and needs - 45%, 3) ability of vendor to print utility bills, as well as, perform residual mailing for all City departments - 5%, 4) reputation of the vendor -15%. In addition to the aforementioned criteria, the vendor is required to interface with the City's utility billing software and deliver the bills to LISPS by the next business day for same day processing. Agenda Information Sheet July 21, 2009 Page 2 BID INFORMATION (CONTINUED) In addition to proposals for the utility bill printing, the committee also reviewed proposals for performance of the City's residual mail pickup and processing. Recommendations regarding the residual mail will be handled separately from this request. After reviewing the submissions by each vendor and receiving oral presentations by the top three firms, the selection committee recommended that Dataprose Billing Solutions be selected as the new bill print vendor for the City of Denton. Unfortunately Dataprose Billing Solutions was unwilling to agree to the contract terms and conditions set forth by the City of Denton. As a result, the committee agreed to cease negotiations with Dataprose and proceed with Ancor Information Management LLC., dba Utilitec as the bill print vendor. The attached evaluation sheet (Exhibit 1) indicates the scoring evaluation for each member of the committee. Please note that three members of the committee participated as non-voting members and are not included on the scoring sheet. By outsourcing the City's utility bill printing operation, Customer Service will be able to pursue many strategic objectives that were previously outlined during the January 26th, 2009, PUB meeting. In addition, this strategic plan was also presented to the City Council. Specifically, the City's utility customers will enjoy better integration of billing information through the City's website including the option for email presentment of their bills. Staff also anticipates an annual cost savings of at least $30,000 per year, as well as, increased productivity and efficiency by automating previously manual processes. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at its July 13, 2009 meeting. RECOMMENDATION Award to Ancor Information Management, LLC, dba Utilitec in an annual amount not to exceed $350,000. PRINCIPAL PLACE OF BUSINESS Ancor Information Management, LLC, dba Utilitec Troy, MI Agenda Information Sheet July 21, 2009 Page 3 ESTIMATED SCHEDULE OF PROJECT This bid is for athree-year period, with the option to extend for additional one-year periods with all terms and conditions remaining the same. FISCAL INFORMATION This item will be funded from account 630800.6386. EXHIBITS Exhibit l :Bid Evaluation Respectfully submitted: . 1 Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-Bid 4246 Qw~ ~ Q W oo M O M oo ~ N ~n ~ oo x~~ ~ N~ O M `D M O l~ WO ~ Noo~~~noo~oM01 M~ ~ U a1 a1 00 00 00 ~ ~ ~ ~n a1 00 w~~ ~Q ~ oo~~no~nooo o~n Q p ~ ~ 00 ~ ~ a1 ~ M ~ N O O ~ O `D O l~ `0 00 00 00 ~ `0 ~ ~ N N ~ `0 `D ~ ~ ~ ~ ~ ~ ~ M M M N ~ ~ N `p N ~ ~ O ~ O ~ ~ O O ~ ~ O ~ O N~ l~ N O ~n l~ 0 0 ~ M `0 `D N ~ ~ O ~ ~ 01 ~ ~ o~ o~ a1 a1 a1 a1 a1 00 ~ U N ~ N ~ O ~ O ~ ~ O ~ ~ ~ O ~ O ~ O ~ ~ ~ ~ ~ N N ~ O ~ ~ ~ 0~00~000~~~~~o o~o~ U ~ ~ ~ O O ~ O O O ~ ~ ~ O ~ ~ ~ O O O `0 ~ ~ `0 `0 `D ~ N l~ ~ O l~ 00 l~ ~ ~ `D `0 d1 l~ ~ ~ C ~ N 01 01 00 00 00 00 00 00 `0 04 00 v~ X ~ (6 ~ M W C~ W ~ 0 0 0~ 0 0 ~n 0 _ ~ ~ O N O O~ l~ O M l~ O N ~ ~ a1 a1 00 a1 00 `o ~o ~o ~o a1 ~ o~ ~ v ~ N ~ O O ~ O ~ O ~ O O ~ ~ ~ ~ O M G M 01 O N T O l~ N l~ ~ N~ M~ l~ ~ M `0 M N N a1 a1 a1 a1 a1 0o ao 00 ~ a1 a1 0 U N ~ ~ O O ~ ~ ~ O O ~ O ~ O ~ ~ O ~ N N ~ 00 ~ ~ O ~ ~ N 00 ~ ~ ~ `0 ~ M M M O ~ ~ 00 00 00 00 l~ l~ `0 `D l~ d1 00 0 U Q ~ ~ ~ ~ ~ 'V ~ ~ ~ ~ ~ U ~ ~ U ~1 ~ ~ ~ ~ N ~ o ~ ~ Z ~ a~ ~ ~ .c W ~ o Q c ~ ~ c ~n ~ L ~ ~ L ~ ~ ~ ~ ~ a c ~ ~ ~ ~ a ~ o _ o r~ _ vii L~ ~ X N X O U ~ Q ~ O ~ ~ ~ ~ ~ ~ ~ a a~ ~ ~ ~ ~ ~ ~ o ~ ~ W ~ ~ u'1 ~ V O U ~ N ~ a ~ ~ ^ ~ ~ o~o'cnoUZZU (J1 ~z ORDINANCE. N0. AN ORDINANCE OF THE CITY OF DENTON, TEXAS ACCEPTING COMPETITIVE BIDS AND AWARDING A BEST VALUE THREE YEAR CONTRACT FOR UTILITY BILL PRINTING AND MAILING SERVICES FOR THE CITY OF DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4246-BEST VALUE BID FOR UTILITY BILL PRINTING AND MAILING AWARDED TO ANCOR INFORMATION MANAGEMENT, LLC, DBA UTILITEC IN AN ANNUAL AMOUNT NOT TO EXCEED $350,000 FOR A THREE YEAR CONTRACT AMOUNT NOT TO EXCEED $1,050,000). WHEREAS, the City has solicited, received, and tabulated competitive best value bids, for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances based on the best value as determined by using the selection criteria set forth in the request for bids; and WHEREAS, the City's selection committee has reviewed and recommended that the herein described bids are the best value based on the selection criteria for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted; and WHEREAS, the City's Purchasing Agent has determined that the best value bid process provides the best value to the City for this procurement; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and conclusions set forth in the preamble of this ordinance are incorporated within the body of the ordinance. SECTION 2. The options in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, is hereby accepted and approved as being the best value based on the selection criteria contained in the request for bids for such items: BID NUMBER VENDOR AMOUNT 4246 Ancor Information Management, Inc. dba Utilitec $1,050,000 SECTION 3. By the acceptance and approval of the above items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 4. The City Manager is hereby authorized to execute any and all necessary written contracts for the performance of the services in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with and relating to the items specified in Section 1, which written contract(s) shall be attached hereto; provided that the written contract is in accordance with the above Request to Submit Bids, Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 5. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of ,2009. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER VVALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY r ~ 5 ~ , ~ BY: 3-ORD-Bid 4246 L' TINE ~F ~NMPL~TI[~N ~ontraetor agrees and covenants that all work hereunder shall be complete v~ithin NIA ~ ~ days following notice to proceed from City. ~r ~1I. TERNS ~F ~NTRAT Thethree-year term of this Contract shall co~amence upon start of work I~, w '~Y Contractor warrants and covenants to City that all goods and services provided by Contractor, Contractors subcontractors, and agents under the Agreement shad be free of defects and produced and performed in a skilful and workmanlike manner and shad comply with the specification for said goods anal services as set forth. ~n this Agreement and the Bid Specifications attached hereto and incorporated herein as Exhibit "A"(or on ~Ie in the afce of the Purchasing Agent), Contractor warrants that the goads and services provided to City under this Agreement sha11 be free from defects in material and workmanship, for a period of one ~ 1 } year commencing on the date that City issues final written . acceptance of the prod ect. V, PA~IVIENT Payments hereunder shall be made to Contractor following city's acceptance of the work and within thirty X30} days of receiving Contractor's invoice for the products and services delivered. Total compensation under this contract shall not exceed the sum of $350,000 per year. Contractor recognises that this Contract shad commence upon the effective date herein and continue in full force and effect until termination in accordance with Its provisions. Contractor and City herein recognize that the cantinuatian of any contract after the close of any given fiscal year of the City . of Denton, which fiscal year ends un September 3 0th of eaoh year, shall be subject to Denton City Council approval: In the ~ event that the Denton City Council does not approve the appropriation of funds for this contract, the Contract shall terminate at the end of the fiscal year for which funds were appropriated and the parties shall have no further obligations hereunder. . VI. . P~~TE~TI~I~ A~AINT ACCENT EMPI~~Y~ES ADD TAE PUBLiC Contractor shall at all times exercise reasonable precautions for, the safety of employees and others an or near the work and shall comply with all applicable provisions of Federal, State, and Municipal safety lags. The safety precautions actually taken and the adequacy thereof shall be the sole res onsibili of the Contractor. Contractor shall indemnify City fog any and all losses ailing out of or p related to a breach of this duty by Contractor pursuant to paragraph V~IY. INDEIV~NIP~CA~T~~N and paragraph i~. ~N~PI~IA~E WITS APPL~ABLE EAw set forth herein.. s:lMatexials Managementl~R~HlContrac~s Docwuents14~46 Utility Bill ~intin~-Utilitec.doc i VII.. L~~ FR~NI NATURAL CAIT~ Unless otherwise specified, all lass or damage to Cantraetor ar~i~ aut of the nature of the worl~ to be done, or from the action of the elements, or from any unforeseen circumstances in the prosecution of the sane, or from unusual obstructions ar difficulties which mad bye encountered in the prosecution of the work, shat be sustained and borne by the Contractor at its own cast and expense. . VIII. IN~IEM.NIFICATION Contractor shall release, defend, indemnify and bald the City, its elected aff~cials, officers and em to ees harmless from and a ainst all ctais, damages, injuries including death}, property damages ~ g {including lass of use}, losses, demands, suits, judgments and costs, including attorney's fees and expenses, in any way arising out af, related ta, or resulting from the services provided by Contactor under this Agreement or caused by the negligent act ar on~.issian ar the intentional act or omission of Contractor its officers a eats em la ees, subcontractors, licensees, invitees or any other third parties g ~ p y for whom Contractor is legally responsible ~hereina~er '~Clai~ns'~}. Contractor is expressly required to defend City against all such Claims. In the event the City is a named party to a suit arising out ofthe subject matter ofthis Contract, . the City shall have reasanabte input iota the selection of defense counsel to be retained by Contractor in fulfilling its obligation hereuaader to defend and indemnify City. City reserves the right to provide a action or all of its own defense; however, City is under no obligation to do so. Any such action by City is not to be construed as a waiver of Contractor s obligation to defend City or as a aver of Contractor's obligation to indemnify City pursuant to this Contract. Contractor shall retain defense counsel within seven ~7} business days of City's written notice that City is invoking its right to indemnification under this Contract. tf Contractor fails to retain counsel within such thne period, City shall have the right to retain defense counsel an its own behalf, and Contractor shall be liable far all costs incurred by City. . I~. C~NIPLIANCE wIT APPLICABLE LAw Contractor shall at all times observe and comply v~ith all Federal, state and local lawsx ordinances and regulations including all amendments and revisions thereto, which in any manner affect Contractor or the work, and shah indemnify and save harmless City against any claim related. to or arisin from the violation of any such ~a~VVS, ordinances and regulations whether by Contractor, its employees, officers, agents, subcontractors, or representatives. If Contractor observes that the wor1~ . is t variance therewith} Contractor shall promptly notify City in writing. VENUE The laws of the State of Texas sha11 govern the interpretation, validity, performance and enforcement of this Contract, The parties agree that this Contract is performable in Denton County, Texas, and that exclusive venue shall lie in Denton County, Texas. S.1Materials Ma~agementlPR~H1Co~tract~ ~]ocwnents1424b utility Bilk Fri~t#ng-~Jtallitec.doc i L Contract by giving the other party thirty days written notice. ~I, TERII~ATII~N City may, at its option, with or without cause, and without penalty or prejudice to any other remedy it may be entitied to at law, or in equity ar otheise under this Contract, terminate further work under this contract, in whole ar in part by give at least thirty ~30~ days prior v~ritten native thereof to Contractor with the understanding that all services bung terminated shall cease upon the date such notlCe ~s rece1ved. III. ~NTIR~ AGRE~IVNT This Contact and its attachments embod the enure agreement between the parties and nay only Y be modified in writing if executed by both parties. . CONTRACT INT~RPRETAT~~N Althou h this Contract is drafted b City, should any part be in dispute, the parties agree that the g Y Contract shall not be construed more favorably far either party. . UC~OR A1~I~ AIN This Contract shall be bindin upon the parties hereto, their successors, heirs, personal g representativesand assigns, . ~I. ~ HEADINI~ The headin s of this Contract are for the convenience of reference only and shall not affect in g any manner any of the terms and conditions hereof. X~II. RIGHT T~ AUI'~IT The ~wNER shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. The CONTI~ACT~R shall retain such books, records, dacu;n~ents and other evidence pertaining to this agreement during the contract period and dive years ~therea~er, except if an audit 1s m progress or audit ~ndmgs are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These banks, records, documents and other evidence shall be available, within I ~ business days of written request. Further, the C~NTRACTDR shall also require all ubcontractar, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to this.agreeent, and to allow the ~wN~R similar access to those documents. All boobs and records will be made available within a ~ mile radius of the City of Denton. The cost of the audit 'will be borne by the ~wNER unless the audit reveals an overpayment of 1 °Io or greater. If an averpayn~ent of l ~/o or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the C~NTRACT~~ which .must be payable within dive business days of receipt of an invoice, ~.IMate~ia~S N~anaementl~RCH~~o~t~ac#s I}ocuments14~4~ Uti~ty B~11 Printing~[~tilitec.doc i _ i Failure to comply v~ith the provisions of this section shall be ~ material breach of this contract and shall constitute, in the ~NER' sole discretion, grounds for termination thereof, Each of the terms rr~~~~~rf rr~eCOrdsrr ~rdoCUme~lts~r and ''other evldencerr ~ Bused abOVe shall be ConSt~lled to Include s ~ ~ ~ drafts and electronic files, even if such dra#~s or electronic files are subsequently used to generate or prepare a final printed document. i S:1M~terials Manageme~tlPR~H1Con~acts I?oc~te~ts1424~ Utility Bill Pri~t~g-LTti~itec.doc IN wITNE~ wHERE~F, the parties of these presents have executed this agreement ~n tie year and day first above written. CANT CT~R BY: _ wNE~ NAT~~E~ Date: Name: ~ C Tine: ~ ~ ~ ~ f~ MA~L~v ADDRESS ~ ~ PHONE N~TM~ER FAQ NUMBER PAINTED NAME CITY DENTIN, TEAS BY: CITY ~NAGE~ DATE: DEPARTMENTAL APPR~~VAL APPDVED A T~ LEGrAL FARM . ANITA. BUCES, QTY ATTORNEY BY: f DATE: ~ ~ 5:laterial~ Mat~agementlPR~~ICon~act~ Documents14246 ~Jtility B~ Prinrting-Utilitec.doc 1 CITY ~ ~~NTN INIJRAN~ REUIR~I~ENT FAR I~TRAT~R Bidder's atten~ia~ is directed to tie ir~surar~ce req~ireera~s bdaw. is ~i~iy rcco>~e~dc ~~a~ bidders confer with ~~eir respec've ins~~ance carriers o~ rakers ~a de~er~ti~e ad~a~ce o Bid sabn~ission ~~e a~aiiabiiity o ~~asarance cert~f ~cac~cs aid endorsc~e~tts yes pr~cscribe~ and provided herein, If an apparent %w bidder fails ~o ca~npiy str~c~iy w~~ia ~~e~ ~nst~ra~ce _ re uirenten~s, that bidder may be disgr~a%; f eat, frost award of ~l~e co~r~cc ~Tpan did ~cward, a~i , rnsu~a~tce regatrenaertts shall become con~racai abirgat~ans, wh~cb ~~e saccessft~i bidder' shall aye a defy naaitain ~~roa~aa~ ~~te cat~rse of this confr~ac~ . TAIVDARD PR~I~N: ~ithoat ii~niting any o the ot~ae~ obligations or ~iabiiities of she 'ontractor, the Contractor shad provide and rnaintair~ ~cntii the contracted work has been co~npieted and accepted by the pity o ~e~atora, owner, the ~ninirna~ irtsararace coverage as indicated ~tereinafter~. ~1s soon as practicab% a~ ter r~ot~' ~ca~~o~ of ~d award, 'o~trac~or siZa~~ ~~e w~~h ~h~ ~~rchas~~t ~]epartrner~t satisfactory certi ~cates of ir~snrance, containing the bid na~ber and title o tie project. 'oratractor nay, upon written request to the ~'archasirt Depart~ner~t, ask for ia~caon Of any insurance requarernents at any t~~ne; however, Contractors. are strongly advised to make such requests prior to bid opening, since the insurance require~n~nts may riot be r~od~;e or waived after opening unless a written xcept~'on has been submitted w~t~a bid ~'an~ractar shall r~o~ cor~ence ar~,~ work ar deii~er any nza~eria~ un'i he ar she receives ~o; tea~iots ~ha~ ~~e contract has fee ~ccce~~e, app~avcd, ar~d s~g~ed ~y ~~e 'ity o Dc~~on. iii insurance policies proposed ar obtained in se's ac~~~a of ~~tese req~ir~er~er~ts s~a~~ co~n~~y with tote following ger~erai specs` ~ca~ions, ar~d sita~i be ~air~~ained in eop~xance ~v~t~Z ~~aese ~enerai speci acatioras throughout the duration of the Contract, or longer, f so rioted: • Bach policy shall be issued by a company authorised to do businoss in the State of Texas with an A.1Vl. Best company gating of t least A. • Any deductibles or self-insured retentions shall b declared in the bid prvpasal. If requested by the ~tya the insurer shall reduoe or eliminate such deductibles ar self~in~ured retentions with respect to the pity, its of~ic~ls, agents, en~playees and volunteers; ar, the con~aotor shall procure a bond guaranteeing payment of lasses and related inv~stigatians, clam administration and defenso expenses, • Liabili alicies shall be ondarsed to provide the following; p • Name as additional insured the pity of l]enton, its officials, Agents, Employees and volunteers. • What such insurance is primary to any other insurance av.lable tQ the additional insured with respect to ~lai~ns covered under the policy and that this ~ . insurance applies separately to each insured against whom claim is rnad~ or S:IMat~ria Ma~gementl~RCH1Conts pocumnts1424 Unity Bill ~g-Ublit~c,dQc i EXHIBIT C suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. • ~a~c~~~aan; ~h~ C'~ty regt~xres 3~ day r~e~ no~~ce s~oa~d any o, f t~~ policies described on ~ ceir; f ~ca~e be ca~tce~Ied~ ~r a~e~~a~~y charged . ~e~ fore a xp~ra~io~ date. . • should any of the required insurance be provided under a claims-made form, Contractor shall maintain such ,coverage continuously throughout the term of this contract and, without lapse, far a period of~three years beyond the contract e~plratl4n} such that occurrences arming during the contract terns which give rise to claims made after expiration of the contract sha11 be covered. ~ houXd any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation ar le defense costs to be included in the general annual aggregate 1irr~it, the g . Contractor shall either double the Occurrence limits or obtain owners and Contractors Protective Liability Insurance. • should any required insurance lapse during the contract term, requests for payments Originating after such lapse shall not be processed until the City . receives satisfactory evidence of reinstated coverage as required by this contract, effective a of the lapse date. If insurance is not reinstated, City rriay, . at its sale option, terminate this agreement effective on the date of the lapse. 4 s:IMat~rials ll~anagementlPRH1Cot~tracts Documents14~4G Utility B~1 Printing-U~il~tec.doc i ~~HIBIT PEI~I AIIDITI~AL INIJI~AN~ REU~REENT; ins~ra~ace o~icies r~o osed or obtained i~a sat~s,ac~io~a of t~i~ 'o~~~act s~a~~ additio~a~~~ co~a~y ~ ~ ~ wi~~a the fo~~ow~r~g marked s~ec~f icu~~ons, aid s~a~~ be ~ain~ai~ae~ ~~a con~p~~ace w~~~a ~~aese ad~i~i~~z~~ s~~ci ~~atio~~ t~roa~out tie darat~'o~ of tie 'o~tt~act, or ~a~e~, ~f ~o no~ea~: [ ] A. enerai Liability ~n~urance; general Llabll~ty insurance w~ combined single l~m~.ts of not less than ~4U U~Oshall be provided and maintained by the antractor. The policy shall be written on an occurrence basis either in a single policy or ~n a combination of underlying and u~nbrella~ or excess policies. lfthe o~nmercial General Liability form Farm C Offal ~ourrent edition} is used: • coverage A shall include premises operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. • coverage B .shall include personal injury. ~ ~verae , medical payments, is not required. ~f the comprehensive general Liability form ~I~ Form L aD~2 current Edition and . Farm L ~4~4} is used, it shall include at least: • bodily injury and Property damage Liability far premises, operations, products and completed operations, independent contractors and property damage resulti~ag from explosion, collapse ar underground ~U} exposures. • broad farm contractual liability preferably by ~ndarsement~ covering this contract, personal 1n~ury 1~ab11ity and broad form property damage l~ab1l~ty. Automobile Liability Insurance; . contractor shah provide commercial Automobile Liability insurance with on~bined dingle Limits ~L} of not less than lU0 ~U~.44 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operations maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, ar • all awned, hired and non-owned autos. ~:1Materials M~agementlPR~HIConts Docu~aep#s142~4b utility Bilk Printing-Ut~tec.doc i _ ~~~~~1T workers .Compensation Insurance Contractor shall purchase and maintain worker's Compensation insurance which, in addition to meeting the minimu~a statutary requirements for issuance of such insurance, has Employer's Liability limits of at least 10Q,QQ~ for each accident, 1 ~~,O~Q per each employee, anal $SQO,~QQ policy limit far accupational disease. The City need not be named as an '"Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers far any work performed for the City by the Named Insured, For building or construction projects, the Contractor shall comply with the provisions of Attachment l in accordance with 40d.~9 of the Texas Labax Cade and rule ~STA 11 x.11 a of the Texas worker's Compensation Commission ~TwCC~. L ] ~v~ner's and Contractor's Protective Liab~li~y Insurance The Contractor sha11 obtain, pay far and maintain at alI tiri~es during the prosecution of the work under this contract, an Gwner's and Contractor's Frotectlve L1ab11~ty Insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be an an "occurrence"'basis, and the policy shall be issued by the same insurance company that carries the Cantra~ctar's . liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence W1t11 a aggregate. [ ] Fire Damage Legal Liabili#y Insurance Coverage is required if Broad farm General Liability is not provided ar is unavailable to the contractor ar if a contractor leases or rents a portion of a City building. Limits of not less than _ each occurrence are required. [ ~ Professional Liability insurance ~ . Professional liability Insurance with llmit5 not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' ,Risk Insurance Builders} Risk Insurance, on an All-Risk form far l~~°Io of the completed value shall be provided. Such policy shall include as "Named Insured'" the City of Benton and all subcontractors as their interests may appear. . ;1Nlateria~s Managen~e~t1~RCH1Contract~ Doc~meats1424b ~t~ity Bill Printing-U~ilitec,doc i _ } E~F~IBI~` L ] am~nercial grime Provides coverage far the theft or disappearance of cash or chccl~s, robbery insidelautside the premises, burglary of the premises, and employee fidelity. The employee ~idclity portion of this coverage should be written on a "blanket" basis to cover ail ep~ayees, including n~~ hire This type insurance should be required if the contractor has access to pity funds. Limits of not less than each occurrence are required. ~ ~ Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such addlt~onal insurance is required for a specl~ic contract, that requirement v~ill be described in the "pe~cl~ic ~ondltlans~' of the contract specicat~ans. i i ~:1MateriaL~ ManagementlPRCHIContiracts I~OCU~ne~ts1424b Utit%ty Bill Print~ng.Utilitec,doc ti z EXHlB~T ATT~.HMENT 1 . worker's Compensation. Coverage far Building ar ~anstru~tian Projects far avernmerita~ ~a~tities A. I~ef~nitlans. Certlfcate of Covera ~ "certiflcate"}-~ copy of certificate of ~surance, ~ cert~flcate of authovty to self~insure issued by the com.m~ssion, or a coverage agreement ~T~V"CC-81, r TwC~-~82, TwCC-~, or TwCC-54~, showing statutory workers' compensation insurance coverage far the person's ar entity's employees providing services on a project, for the duration of the prv j eet. Duration of the praject - includos the tine from the beginning of the work an the project until the contractar'slperson's work an the praject bias been camp~ete and accepted by . tie governmental entity. Persons providing services an the project ~~'subcontrctor" in ~4D~.09~} -includes all persons or entities performing all ar part of the services the contractor has undertaken to perform on the praject, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcantractors~ leasing companies, motor carvers, owner~opertors, employees of any such entity, ar employees of any entity which furnishes persons to provide services on the project. 'services}' include} without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, ar other service related to a project. "services" does not, include activities unrelated to the praject, such as foodlbeverage vendors, off xce supply deliveves, and delivery of portable toilets. B, The contractor shad provide coverage, based on proper reporting of classifi~atian codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Cade, section 4~ l l 1 X44} for all employees of the Contractor providing services on the praject, far the duration of the praject. C. The Contractor must provide a certificate of coverage to the governmental entity prior to berg awarded the contract. . D. If the coverage period shown an the. contractarrs current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a pro j ect, and provide to the governmental entity: l } a certificate of coverage, prior to that person beginning work an the praject, so the governmental entity will have an file certificates of coverage showing coverage for ail persons providing services on the project; and s:lMaterials M~gesne~ttlPI~CH1Contract~ Docu~nent~14246 U~1ity dill ti~g_Utilitiec.doc t ~~HIBiT 7} contractually require each person with whom it contracts, to perform a~s required by paragraphs ~ 1 ~ - {7~~ ~v~th .the certificates of coverage to be provided to th.e person fax wham they are providing services. J. ~y signing this contract or providing ar causing to be provided a certificate of coverage, the contractor i~ representing to the governmental entity that all employees of the contractor ~ha will provide services an the pra~ect mill be covered by ~vorkersf con~pensatian ~cavcrage for the duration of the pray ect, that the coverage will be based an proper reporting of classification cedes and payroll amounts, and that all coverage agreements mill be filed with the appropriate insurance cagier or, in the case of a self insured, with the commission's Division of pelf insurance regulation. Providing false ar misleading informatkon may ~~ect the contractor to adn~in~trative penalties, criminal penalties, civil penalties, or ether c~v1i actions. I~. The cantractar's failure to comply with any of these previsions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does net remedy the breach v~ithin ten days after receipt of notice of breach from the governmental entity. . S:1Materials 11~anag~tn~R~I~1Contracts Doc~mentsl~~4b LTtiiit~ Bill Prin#u~-Utilitec.doc i ~X~IIBiT ~ CONFLICT OF ~fi~TE~ET C~UET~ONI~AIRE F0~1 I Far vendor or other arson doin business with local overnmental emit This questionnaire reflects changes made to the law by H.B. ~ 84th I~eg,, regular session. OI=FICE USE ONLY This questionnaire is being filed in accordance with chapter 1 l~ of the Local overr~met~t Code by a ~~~r~ . person dying business with the goverr~rnental entity. By I~w this questionnaire rust be filed with the records administrator of the local government not later than the nth business day after the date the person becomes avuare of facts that require the statement to be fled. fee section 11fi.4oG, Local government Code. A person commits an offense if the person violates section ~ 7fi~ao6, Local avernment Code. An offense under this section is a Class ~ misdemeanor. ~ . ~ Name of person who has a business relationship wi#h local governmental entity. 2 Check this box if you are filing an ~,pdate to a previously filed questionnaire. . 0 {The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the business day after #tre date the originally filed questionnaire becomes incomplete or inaccurate, 3 Name of local government officer with whom filer has an employment ar business relationship. Name of Officer This section, {item 3 including subparts A, B, C & D~, must be completed far each officer with wham the fler has an employment or other business relationship as defined by section 1~fi.~D~{1-a}, Local government Code. Attach 2~dditionai pages to this Farm CIQ as necessary. A. Is the local government officer named in this section receiving ar li~Cely to receive taxable income; other than investment income, from the filer of the questionnaire? Yes ~ No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government nf~cer named in this section AND the taxable income is not received from the local governmental entity? Yes ~ No C, Is the filer of this goes#iannaire employed by a corporation or other business en#i#y with respect to which the local government officer serves as an officer or director, or holds an ownership of ~ ~ percent ar more? . ❑ Yes ~ Na D. Describe each affiliation or business relationship. 4 Signature of person doing business with the governmental entity Date Adopted asr~~~2o07 ;IM~teria~ Manage~nen~IPRCI~1Contracts Documen~s14246 ~3i~ili~y Bill Pr~in~ing-Utilitec.doc i ~ - ~ ~~T~~M~u~~) ~~~auc~ ~ ~ TNi~ ~RT~FI~AT I~ l~~~D A~ A iYla~'~R OF ~I~~URNlAT~~N i~ ONLY ~O~I~~R~ N~ ~I~#T~ N THE TIF~~~#~~ HOLD~~t. fii~il ~~#~'i~FICA'~ HO's A~I~ND, ~J~'I'~ND Oil ~~0~5 i~~ I~~,1~ ~8a~ ~L~E'~ T~~ ~V1~~ ~Y T~~ ~~]U~i~ ~EL~1N~ 1~Ort~ ~ ~ ~ ~ ~ . ~-~~~Q iN~RER~ ~1FF~O~i~jf ~'~EF~A N~C# ~NS~~~~ ~~~ati~x~ ln~~`~t ~ il~kff ~a~~x~ F'i~~ ~s ~ ' ~ti~ite~ a~ ~~~it~t 4~Q~~ 1N~ura~~ VEi~A~~ THE P~~~~I~s ~~asu~►rrc~ ~~~T~a eFL~nr HAVE eE~~ ~uEO To ~~i~ A~~v~ THE ~OLf~Y ~~u~AT~a. r~~T~v~r'~~~~~N~ ANY F~EQuIREMEl~T, TERM ~R ~~N~ITE~N ~tVY CONTACT bR ~TH~R Da~U~~#~#`f' VV~TI~ ~EP~"~ 'TC~ 1~~H i C~RTIFI~ATE MA'r' ~UE~ ~R MAY P~~TAIN, THE IN~URAN~E AFFpRDE~ BY T~-iE POL3~~~S R~S~RJ9EI? HEREIN 1~ SUBJECT Tb ACt THE TERIH~, Ex~~.u~rQNS ANU G~N~ITIANS Sul I~~LICIE~ AGCRE~ATE LIM~~'u~ ~iOV~N MAY ~1A11E ~~EN ~~DUC~~ BY PAiD ~l~iII~S, ; P4~.,~~V N~JI~IB~N P I F ~4L1 kP1 T N L1M~'& if'CR ~1~N1`~ ~ 17F 1P1~~~AE ~~lL~ ~c~l acr~,RR~rr~~ ~ ~ ~ ~ 00 ~ C4MMEI~~~AI ~EAI~RAL ~l~~1Lmr P~~S Es o~cur~nc~ ~ ~ ~ ~ ~ ~ ~ CLAIM3MAQ~ ~~8 ~E~(~~A~yan~p~r~~~ ~ A ~ Pri~~r~ E6~0 ~~~~5~ X~~~/~~ 1~~~~0 ~~~sal~L~~v~~lY ~ 1 ~r;~~~~ ~~~~~~aT~ ~ ~ ~ ~ ~ ~ ~ ~"L A~~~AT~ LI$+!!'~ R~~~~E~ P PR~D~~~TF► - ~QNIP AGE ~ Pft~- P~1.1~1' ~E~T 4~~r A~1~'O~I~BIL~ ~.fR~l~l~ll ~ A~YauT~ ALA O~~D Al#Tp~ ~QOILY ~l~,11~R1' B~I~D~fLPQ AEJY' ~~ar Pawn) ~Re~de~l~ ~ ~ ~or~-ow~~~A~T~~ ~~afl~en~a ~ O~ de~1 ~A~~~ LIABIL~T'f A~17Q ~HLY.~AA~~I ~~T ~ A~}1'JRf.1T~ ~~I1Ef~~'~1l~1 ~A~;~ ~ AUl'~4[+1LY: G ~ p~~~~1M~R~► L~91LlTY EAR ~G~UI~R~N~~ ~ 5 ~0 ~ ~ p ~ oc~u>~ c~~sr~~D~ AGI;REGATE ~ ~ ~ 4 ~ ~ 4 O A p~~T~9LE ~r"T~rraN ~ 1 ~ ~ i~ 0 1[Y~R~PEN$ATf~NA~1Q T'~IMIT~ ~M~L~Y' ~,~a I~.t~Y L'~"~ ~ ~ 5 0 ~ ~ ~ 1 ~ a $ 9 f ~ ~ ~ ~ ~a~aw ~cc~~r~r ~ ~ ~ ~ ~ ~ ~ ~ ur~dar $PEAI, r~~~11~f~10N~ flaw ~ ~C~EA3E - ~Di.fCY ~~M1T $ ~ERIP'i~QNQF i~F~f~R'~I#~3+iS! ~A71ON~111~HI~~ES 1 ~~~~,US~NSI"I~ ~Y ~IVDQ~M~N'f ~SP1=~I~.PR+~l~l~f~t~ ~~~.~~t~ h~ldl~ is ~~c~~~~ s~ ~n ~i~~,~~~~~, ~x~~~~~ ~ ~r~p~~~ v QRfiIF~ATE H~LQER ~~~~..AfiI~N ~r~~u~a n~ ~y~ ~~vr; ~~c~,~~~ ~o~l~l€~ a~ ~AlVC~LL~~ s~~o'>~i~ E~#'~FiA1"101V ~~~r ~f ~r~o~, T~~ ~AT~ T~~~~a~, TIC ~ss~l ~r~su~l~ ~n~v4~ Tp ~rl,,,,, ~ , ~a~~ w~rT~~~ ~~et ~ln~ TO TNT ~~Ri'r~i~ar~ >1oz1~F~. n~>~EO ~o LEr=T, ~AIi.UR~ D~ Fr~lAl.~. ~~~4~'i ~ ~ IM~b~E ~IQ ~$UL3A~1~1~ ~R LIA~~IrIlY OF ANY ~N~ ~fPp~1 ~~E I>~f~~R~R, ~S ~GN;N' ~R ~~P~~~ENTATIVE9, ~#~Ri~ED I~~RR~~NTRTI~ ~~~RQ OORO L~RPO~ATi~M ~ ~8$ 7, 1 d hVp g : 8 60OZ 7Z,unr q 0 N ~SnOH ]ONVUSNI 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 July 13, 2009 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6 present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on 7 Monday, July 13, 2009 at 9:00 a.m. in the Service Center Training Room, City of Denton 8 Service Center, 901-A Texas Street, Denton, Texas. 9 10 Present: Chair Dick Smith, Phil Gallivan, John Baines, Randy Robinson and Bill Grubbs 11 12 Ex Officio Members: 13 George C. Campbell, City Manager 14 Howard Martin, ACM/Utilities 15 16 Absent: Bill Cheek, excused 17 18 OPEN MEETING: 19 20 ITEMS FOR INDIVIDUAL CONSIDERATION: 21 22 10) Consider recommending adoption of an ordinance of the City of Denton, Texas accepting 23 competitive bids and awarding a best value three year contract for utility bill printing and 24 mailing services for the City of Denton; authorizing the expenditure of funds therefor; and 25 providing an effective date (Bid 4246-Best Value Bid for Utility Bill Printing and Mailing 26 awarded to Anchor Information Management, LLC, dba Utilitec in an annual not to exceed 27 $350,000 for a three year contract amount not to exceed $1,050,000). 28 29 ACM Martin called on Ethan Cox, Customer Service Manager to present. Cox stated that 30 previously staff presented this item with the desire to outsource this function. At that time staff 31 proposed an agreement between DataProse. Unfortunately, due to an objection by DataProse 32 over limits of liability, staff elected to move onto the next choice which is the firm Utilitec 33 located in Detroit, Michigan which was the reason it was not the first choice. Staff did have 34 some concerns about Utilitec's ability to get bills to customers in a timely manner. Staff voiced 35 those concerns with Utilitec and was invited for an on-site visit. That visit allowed staff to put 36 concerns to rest. Utilitec has clients throughout and outside of the Continental U.S. Staff 37 observed that Utilitec processes bills on time because so much of the process is automated. Also, 3 8 the facility operates 24/7, and there are six or seven postal service pickups per day. In addition 39 Utilitec will hand deliver bills to the post office if needed. Cox stated that basically not only 40 were delivery expectations met, but exceeded in most cases and, if there are delays in delivery, 41 staff has the option of changing the collection calendar to allow customer a couple of extra days 42 to pay bills without assessing a late fee, or being disconnected for non-payment. 43 44 Cox stated that staff was also impressed with the facility which is cutting edge in terms of 45 technology. Utilitec has a great focus on quality and staff has the ability to set business rules so 46 that if there should be a residential bill over $1,000, Utilitec will pull that bill and give city staff 47 the opportunity to review it to make sure it is not a mistake. 48 49 Cox stated that by outsourcing, one benefit would be significant cost savings of at least $30,000 50 a year, if not more. Board Member Phil Gallivan stated he thought there would be more Draft Minutes of the Public Utilities Board meeting July 13, 2009 Page 2 of 2 1 personnel savings. Cox stated there is savings but not from the personnel standpoint. Currently 2 overtime is being paid for staff review of bills to ensure there are no mistakes. That process will 3 now be electronic and staff will now focus on electronic billing by providing customer bills via 4 email which is something customers have been asking for. 5 6 Board Member John Baines moved to approve Item 11 with a second from Board Member 7 Bill Grubbs. The motion was approved by a 5-0 vote. 8 9 The meeting was adjourned by consensus at 10:03 a.m. This page left blank intentionally. AGENDA INFORMATION SHEET AGENDA DATE: July 21, 2009 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Roy W. Minter, Jr. 349-7923 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute an amendment to the contract between the City of Denton and Redflex Traffic Systems USA for operation of an automated traffic signal enforcement program; providing for the expenditure of funds therefor; and providing an effective date (File 3364-Amendment for Contract Extension/Price Adjustment). FILE INFORMATION The City of Denton Automated Traffic Signal Enforcement Program has been in operation since May 8, 2006. The current program consists of six (6) cameras that monitor approaches at four (4) different intersections. These intersections were originally selected based on a combination of red light violations and red light related accidents. At the time the system was installed, the city was not allowed to place cameras at intersections involving Texas Department of Transportation (TXDOT) roadways. The current program is operated under contract with Redflex Traffic Systems, Inc. out of Phoenix, Arizona. Redflex was selected through the Request for Sealed Proposal (RFSP) process by a diverse committee of City employees representing the Police, Legal, Traffic Engineering, and Purchasing Departments. The contract with Redflex provides for the City of Denton to pay Redflex a flat rate per camera per month that covers the prorated installation costs and the expenses for maintenance of the system and back office processing for the violations. The contract also includes a guarantee clause that provides that the City does not have to fund revenue losses in the event the system does not produce sufficient funds to pay the monthly contract costs. In essence, this clause ensures that the Red Light Camera (RLC) program is self sufficient and does not draw off of the General Fund. The only caveat to this is the small amount of time invested by City personnel in the operation of the program, such as police officers reviewing and approving violations. When there is sufficient revenue to cover these costs, they are paid by the RLC funds. When there is not sufficient revenue, these costs are absorbed by the individual department budgets. The bulk of this time is in the Police Department and Municipal Court, and typically comprises approximately 20 - 25 hours a month. Agenda Information Sheet July 21, 2009 Page 2 CHANGE ORDER INFORMATION (CONTINUED) The original contract covered athree-year period from May 8, 2006 -May 8, 2009. The contract allows both parties to agree to an extension/renewal for up to three consecutive one-year terms. A one year extension was approved by the City Manager incompliance with the original contract terms extending the contract through April 7, 2010, with no other changes. Redflex has proposed an extension of five years with two, five year renewals, as well as several changes to the terms which were discussed during a March 3, 2009, Council Work Session presentation. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Council approved a three year contract with Redflex Traffic Systems, Inc. on November 15, 2005 (Ordinance 2005-345) effective May 8, 2006. The contract extension was presented to Council as a work session item on March 3, 2009, and a one year extension approved by the City Manager on April 7, 2009. RECOMMENDATION Approve an amendment to the City of Denton's contract with Redflex Traffic Systems, Inc. extending the contract for an additional five years with changes to the terms and conditions as included in the amendment document attached to the ordinance. PRINCIPAL PLACE OF BUSINESS Redflex Traffic Systems, Inc. Phoenix, AZ ESTIMATED SCHEDULE OF PROJECT Redflex has proposed a new contract term of five years with two additional five year extensions. The initial term of the contract would end May 8, 2014, but could be extended, if agreed by both parties, up to May 8, 2024. Agenda Information Sheet July 21, 2009 Page 3 FISCAL INFORMATION The current RLC contract with Redflex Traffic Systems, Inc. contains a "cost neutrality" clause. The City of Denton has a guarantee that the RLC program will be self sufficient outside of the cost for City personnel to operate the program. As stated above, this cost is typically limited to approximately 20-25 hours per month. Where there is sufficient monthly revenue from the RLC program, these personnel costs are covered from RLC funds. In the event the cost neutrality clause is in effect, the personnel costs are absorbed by the appropriate City department. For the past several months, the RLC contract has been operating under the neutrality clause. Based on this clause in the contract, there is no anticipated negative impact to the City from renewing the RLC contract. Respectfully submitted: . 1 Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-File 3364 Amendment ORDINANCE N0. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF DENTON AND REDFLEX TRAFFIC SYSTEMS USA FOR OPERATION OF AN AUTOMATED TRAFFIC SIGNAL ENFORCEMENT PROGRAM; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 3364-AMENDMENT FOR CONTRACT EXTENSION/PRICE ADJUSTMENT). WHEREAS, on November 15, 2005 byOrdinance No.2005-345, the City awarded a contract to Redflex Traffic Systems, Inc. for the implementation and operation of an Automated Traffic Signal Enforcement Program; and WHEREAS, the Staff having recommended, and the City Manager having recommended to the Council that an amendment be authorized to amend such contract agreement with respect to an extension to the coverage period and changes to the pricing structure, and said fees under the proposed contract are fair and reasonable and are consistent with and not higher than the recommended practices and fees published by the professional associations applicable to the Provider's profession and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Amendment, extending the terms of the professional services agreement between the City and Redflex Traffic Systems, Inc. for an additional five years, which is on file in the office of the Purchasing Agent, is hereby approved and the expenditure of funds therefor is hereby authorized in accordance with said Amendment. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2009. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY r i - - , BY: 2-ORD-RFP 3 3 64 A~EN~~IEN1` This Amendr~ent is rude as ofthis day of Jul ~OOg b and betwe i# of ~ ~ ~ y en the ~ enton, Texas the;`Customer' andlorthe "pity"~, and Redfi'ex Traffic ysterns, Inc. ~`~Redflx"} vuith its principal place of business a# N. ra ~3 Ave,, quite ~ ~o, Phoenix A~ 8085-~ 84 ~individuall referred to a a "Pa " Y rty and together referred to as the `iPartie"~. HEREA, the customer and Redflex originall entered into ~ contra ytn ct for services and reI ated equipment on November ~ ~ , X005 the "A regiment" , ~ } IRfHEREA, the parties agree that certain modifications to the A regimen g tare required in order to extend the term of the Agreement. N~UV, THE~E~~RE, in consideration of the mutual obli ations set forth h 9 ere~n and for other valuable consideration received, the customer and Redffex a ree to amend the A ree g g ment as foClows. ~`~R The term of this Agreement shall cornrnenoe as of the date hereof and shall continue for a period of eve years, The tern of the A regiment shall commence ~ 9 on the ~ day of J~~, ~D~9 and shah expire vn bath day of Ju~, ~0~4. The customer shall have the ri ht but nom g the obl~at~on, to extend the term of this Agreement for u to two 2 addition p { } aI consecutive fve year periods following the expiration of the Initial Term {each, a "Renewal Term" and cof~ectlvef}~ with the amended Term t~ „ , th e T~ The customer nay xercrse the right to extend the term of this Agreement for a Renewal Term by providing written notice to Redfiex not less than thirty ~~0} days prior to the last day of the initial Term or the Renewal Term, as the case nay b~ The customer's current base compensation as set forth in the A reem wil g ent i continue as stated, unless otherwise adjusted below, ubiect to annu o u ~ al nurner Pace index ~ API } adautment. The CPI ad~ustn~ent if an shall be ~ Y} calculated a follows: Each year, on the anniversa of the date of execution f this ~ o Amendment, the relevant pr~c~ng for goods and services shall be ad~usted in accordance with the ` ~ ~ J defn~t~on and calculations published by U.. Department of Labor consumer Price Index for the 1.~., pity avera ~e. g The current agreement lists ,1 as full remuneration era roach f r p pp o all services contemplated under this Agreement. The parties agree that the new compensation shall be: RTC-T~ v~ 4~8~a.~0 a full reur~ertlon per ~ppr~ach far ill eices ~~nter~ 1 ` p ~#ed ur~d~r this Agraemrr~, This ~r~end~nent is ~n~ended ~o madi~~, su ercede ar~~ r~ I~~ c i ~ p er#a n terms end c~n~l~t~~n ~~ted in the ~~~~men~. Unless e~prel ta~e~ in this Am . ~ endment, aif ~fher ~ern~ and c~n~~f~ans of the A~green~ent hefeen utarner and lie dfle~c ill r~rnain er~~orceable. l~anyterrns a~~ condi#ion~ con~airred ir~~hEs~n~endn~ end ~r~ inconsi~en~ ~rl~h the Agreement, tl~e t~rn~ candi~ior~ ion#alned ~n hi is Amer~d~~nt ~r~ll ~e control~~ng. Signed this ~~st dad of Jul~r, aa, TAI ~ I T ~ A~~~~V~ X45 I~ Y ~1= ~ENT~N, TES ~i~r ~~M; A~~~~ ~~~~~ro~ r TITLE ~ ~ 0 ~~~E sy RE~FL~~ T~AFFI ~STEIi, INS, B: - ~ Name; ~r~~ Ras~nb~rg Title; Exe~~#ive Vice ~residen~ ~~PR~V~D ~ l=~Rl~l: 1 N ERT f~AM E RTC-TIC ,~-0~ v~ This page left blank intentionally. AGENDA INFORMATION SHEET AGENDA DATE: July 21, 2009 Questions concerning this acquisition maybe directed DEPARTMENT: Materials Management to Phil Williams 349-8487 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance awarding a contract to Panasonic Financial Solutions for the lease purchase of thirty (30) Panasonic Toughbook PCs and accessories for Denton Municipal Electric (DME) as awarded by the State of Texas General Services Commission, Department of Information Resources (DIR Contract DIR-SDD-531); providing for the expenditure of funds therefor; and providing an effective date (File 4352-Panasonic Finance Solutions/Municipal Lease Agreement #42209 in the amount of $27,726.00, the first of six semi-annual payments, for a total three-year lease in the amount of $166,3 56.00). The Public Utilities Board recommends approval (5-0). FILE INFORMATION DME field crews use laptops to enter field data, view real-time applications, and to access the Geographic Information System (GIS) maps. The use of mobile devices in the field has increased the efficiency of restoring power to customers during outages and has improved overall productivity of the crews. This request provides for the replacement of the existing laptop devices with thirty (30) mobile Panasonic Toughbooks. To ensure the best fit and response time of the mobile devices, DME staff conducted feasibility tests for the use of the mobile applications in the field comparing new features of Panasonic and Xplore devices. After testing both units and receiving feedback from the field personnel and staff, the Panasonic Toughbook proved to be the more practical device for overall use. The Panasonic can be used as a laptop or tablet, is much friendlier to navigate, and travels with less required equipment. The Panasonic battery life lasts over five (5) hours as compared to two (2) hours on the Xplore device. Other factors that resulted in staff recommending the Panasonic unit over the Xplore unit were: • Panasonic unit is less expensive. • The Xplore unit has no internal usable keyboard, mouse, built in carry handle, or active stylus. Panasonic unit has a more accurate touch screen. • Xplore unit has no built in screen cover. • The Panasonic unit has a user changeable air card. With the Xplore, the air card is built- in and requires factory service to change cell providers. • The Panasonic repair department provided quicker response. Agenda Information Sheet July 21, 2009 Page 2 FILE INFORMATION (CONTINUED) • The Panasonic unit has a user removable hard drive. This proposed lease is for 30 Panasonic Toughbook PCs, vehicle mount port replicators with dual high-gain wireless connector, desktop port replicators, and a 3-year warranty protection plan. This price is in compliance with the State of Texas General Services Commission, Department of Information Resources Cooperative Purchasing Agreement. The lease was negotiated and the purchase prices have been determined by the Department of Information Resources and meet all requirements of the State Procurement Laws. Panasonic Financial Solutions is the selected leasing agency and John Wright Associates, Inc. is the supplier of the Panasonic Toughbook devices. RECOMMENDATION Award a contract to Panasonic Finance Solutions in the amount of $27,726.00 for the first of six (6) semi-annual payments, which includes property taxes of $1,599, for a total three-year lease/purchase in the amount of $166,356.00. The City is not exempt from the property taxes. The John Wright Associates, Inc. quotation (Exhibit 1) amount of $156,762 does not include the required property taxes of $9,594 over the three-year lease/purchase. PRINCIPAL PLACE OF BUSINESS John Wright Associates, Inc. Panasonic Finance Solutions Arlington, TX Horsham, PA ESTIMATED SCHEDULE OF PROJECT The thirty (30) Panasonic Toughbook PCs have an expected delivery of 45 days from receipt of order and would be received by the City of Denton in September 2009. PRIOR ACTION/REVIEW The Public Utilities Board approved this item on July 13, 2009. FISCAL INFORMATION Funding has been budgeted in Technology Services account number #830400.7802 and in DME account number 600403.8540.5880A. EXHIBITS Exhibit 1: Quote from John Wright and Associates Exhibit 2: Panasonic Finance Solutions Lease Purchase Agreement Agenda Information Sheet July 21, 2009 Page 3 Respectfully submitted: . 1 Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-File 4352 ~ ~ o0 00 00 00 00 O O N N ~ ~ ~ ~ ~ ~ N (D f` O tD (D +j N ~ In In X r r r W ~ ~ ~ ~ ~ ~ ~ N O O ~ .Q O O O O 4 O O cOD ~ N ~ O ,L O N N L ~ N (V N a ~ ~ ~ ~ ~ ~ ~ N N N ~ N ~,'c ~ c _ ~ ~ ~0 ~ ~ ~ ~ W D Q ~ ~ ~ ~ o ~ a~ E ~ ~ 0 p ~ ~ ~ N Q ~ ~ ~ ~ Q ~ L ~ . U 0~ X~ Q N ~ C _ ~ ~ ~ U ~ ~a Q ~X ~Z o ~ U ~ o N ~ U ~ ~ ~ N oa o ~ ~ ~ ~ ca 0 N rn ~ N ~ •c 3 0 J L ~ c 3 ~ o Z c r ~ ~ Q o ~ ~ ~ ~ ~ ~ s L ~ U ° ~ ~ ~ t L ~ W ~ ~ a ~ o ~ N j ~ V 00 ~ r ~ U ~ ~ N N = E O O Q ~ ~ C7 ~ O L L Z O O O ~ N ~ ~ ~ ~ ~ N Z V i r D O~ Q L O ~ U ~ O N ~ ~ N ~ ~ L ~ > O a U ~ N ~ o 'c ~ ~ a ° J o c U ~ Q ~ t6 U N '+r ~ a c c Q _ C .LUo~ o~ o0 0 ~ _ ~ _ O~~ O O O U ~ Q (A m N~~ N V O ~~~ac ~ ~ N m U a o s . § a.., ~ rn p ~ ' ~ V U 3 ~ L ~ O U ' ~ L N ~ ~ Q M LL N ~ _ ~ J Q s 0 O W ~ w ~ ~ ~ ~ r: E ~ o p C~ o 0 0 0 ~ U c~ c~ c~ c~ Exhibit 2 Provid€;d by Cc~Activ Cafaitai F'artnerfi iot~ ~anasonio G~mfa~er Soltttic~ns f~am~any Administration Center, 6~5 Business Center pave, Harsfiam PA 19044 Fax To: 86fi~64-3299, Page 1 of 2 pear Qustomer. This Municipal tease ("Lease"} is written in simple and easy-ta-read language. Please read this Lease thoreughiy arwd fee! free to ask us any questions you may have about it. The words YDU and YOUR refer to the Lessee, The wards WE, US and OUR refer to the Caesar, CaAcfly Capital Partners, }nc., a pelaware corporation. Lessee Full Legal Name; City t~f Caen#an Bi}lin Contact person: Biliin `Contact phone, 940 349~7i00 Billing Address; 901 Texas St, Ste, B City: ~~ntv~ County; Dentin State: T~ Zip, 7ti209-4354 Equipment Location: 90~. ~'exa~ Sf; Ste ~ City; aentan County: dentan 'State: TX Zip: 76~~9-4354 uanti Manufacturer Model Number pescri Lion Serial htumber See Attached Schedule A Term; 5ecurit3r Deposi~Advance payment Lease End Provision Base Lease Payment Billing Cycle: 3fi months Bair Market ~lalue $27,7i~6.p0-~ Serni•Ann~al Security Deposit(s): NJA Applicab{e Taxes Advance payments}: ~Frsk Pmt in Advance + Applicable taxes IMPORTANT; NEITI-CER THE SUPPi.IER HOE: ANY SAt.ESPERS{~N 1S BUR AGENT. TWEY F'IAVE fdt7 RUTHORITY TO SPEAK {JN CIJ~ EEHALF (~R MAKE A~1Y CHANGES T4 TMIS LEASF. THEIR STATEMENTS W}LL NOT AFFECTYOUR RIGFITS OR 4}3LiGATIDNS taNpER Ti1fS LEASE.. f. LEASE AGREEMENT; PAYMENTS: We agree to lease to you and you agree to lease from us the equipment listed above ar identified in any attached Equipment Schedule ("Equipment Schedule'), together with aft r$placements, pmts, attachments, accessories and substitutions therefore ("Equipment"). You promise to pay us the Lease payments according to the terms of the 1~ayrnertt Schedule shown above or any Equipment Schedule hereto, plus all other charges (see Sections 4, 9, f 9, ~ 3, end 19}, 2, GENERAL TERMS; PAYtV1i=NT AD~fI~STME~ITS; Ef=FESTIVENESS: You agree to all the terms and conditions an page 'i and 2 of this Lease, This Lease is a complete end exclusive statement of our agreement The Equipment will not be used far personal, family ar household purpnses, If the fnal cast of the Equipment varies Pram the estimate you ar your supplier #~ave provided to us, you agree that we may adjust the Lease payment accordingly upward ar downward up to 10°l~. Yau acknowledge receipt of a Dopy of Phis Lease and actCnawledge that', you have selec#ed the Equipment and reviewed the supply cantraot under which we will obtain the Equipment THIS LEASE 15 f`IpT BINDING ON US ANp WILL Nt~T COMMENCE UNTIf~ UVE A+uGEPT IT IN OUR OFi=ICES IN HORSWAM, PENNSYLVANIA, Yau authorize us to fife UCG financing statements, and any amendments thereto, to show. our interest in the Equipment and ar~y proceeds. You authorize us to insert ar correct missir3g information on this Lease; including contract number, your legal name, serial numbers, Equipment location, and any information describing the Equipment Any security deposit you have given us is non-interest bearing and may be used by us to cover any casts or lasses we may suffer due to your default of this Lease. The security deposit is refundable upon expiration of the Lease, provided all Lease terms and cartditians have been performed. You agree that any Purchase Drder issued to us covering the Equipment, is issued for purposes of authotizatian and your internal use only, and Wane of ifs terms and candifians shall modify this Agreement. You agree to provide us your fnancial statements upon request Natfiir~g in Phis Lease shall be construed to mean tfiat you must pay any sure which exceeds that which may lawfu}ly be charged, and if there is such excess sum, it shall be applied to reduce the lawful amounts payable by you, and any excess shall be returned to you, 3. RENEUVAL: Unless the Leese End Provision is $1.Oa, offer the original Lease term expires this Lease will autcmaticaliy renew far successive one month terms unless ~a) you Send us written notice that you do not want i# fa renew at least BO days, but no mare than 12Q days, before the end of any term, ar {b) following renewal we terminate this Lease upon BO days prior written notice to you. 4. LATE CHARGES: OTHER CHARGES; TI1e due date for your payments will be identified on your invoice, If any payment is not made when due, you agree to pay a late charge at the rate of f0°i6 of such late payment ar $~5, whichever is greafier. Ydu also agree to pay ~~5 for each returned check. 5. EQUIPMENT OVUNERSWIp; LOCATION: We are and shall remain the sole owner cf the Equipment You agree to keep the Equipment free from (lens and encumbrances, Your will keep the Equipment only at the address shown above and you will not move it from that address unless you get' our prior written consent The Equipment shall always remain personal property even though the Equipment may became, attached ar affxed to real property, If this Lease i$ delermined not to be a true lease, you hereby grant us a security inierest in the Equipment relating back t4 the date we purchased it fi. No WARRANTIES: WE ARE LEAS}N C TFiE ERUIPMEI~iT TO YOU "AS IS,' WITH N{7 WARRANTIES, EXPRESS DR IMPLIED, (NCLtJDING WARRANTIES OF MERCHANTABILITY, FITNESS F4R A PARTICULAR PUC~PQSE, DESIGN; CONDITION, qR TtiE QUALITY CIF THE MATERIAL OR WORKMANSHIP. WE ARE NCIT RESPONSIBLE FOR ANY f~EP'AtRS CSR SERVICE TO THE EQUIPMENT QR ANY DEFECTS OR FAILURES IN LIPERATION. We assign to you far the term of Phis Lease arty transferable manufacturer or supplier warranties. Vde are not liabke to you for any breach of those warranties. You agree that upon your acceptance of the Equipment, you will have nowt-offs or oounter-claims against us. {Cart#riued ~n Page AuthorEZ+ed Signer Date: Print Name: x ~ x Title: x Yau certiff that a!f of the ECUiptnent referred to in this Lease has been delivered and received IJ}+you, and that any and all installation ai~rt setup up i~a5 been completed. Yau r'~&ve exar~ined the Equipment and it is in good operating condition and is satisfactory to you and you have accepted the Equipment. This Lease cannot be modified ar rescinded except by a writing signed by you and us, ACCpRf.~INGLY YQt~ AUTHORIZE US 7'0 PLiRQWASE THE Et~ltlP'MEIVT FOR Y(~Uf~ 115E. ~4ut~or~~ed Signer Date Print Name Title Co~fl~ue~ p~g~ ~ to reduce amounts due fo us hereunder, andtor (vii} exercise any other remedies avaiEable LESSEE REPRESENTATIONS: Yau represent and warrar3t to us. that you: {a} are a public to us under applicable law, Yau agree to pay our actual attorneys' fees, pkus all actual body corporate and politic duly organized and existing under the laws of your State; (b}have costs, includirMg all casts of any Equipment repossession. At~y payment or ether amount taken all requisite action are passers the requisite authority to execute this Lease; (c} have acre Phan 3D days delinquent under this Lease shalt accrue interest until paid at the fully budgeted and appropriated sufficient funds far the currer~t fiscal year to mane the Lease overdue rate of 1-1l2 per month, or the maximum amot,nt permitted by applicable law, payments herein: {d) gave complied with all bidding requirements relating to the acquisition whichever is less. If we dispose of tine Equipment, we will apply the net proceeds of such of the Equipment; (e} have provided accurate financial infarmatian to us and wil€ annually disposition to reduce the Remaining Balance and oth$t amounts payable by you, and you provide us with financial statements, budgets, proofs of appropriation and other such she€€ remain responsible far the payment of any deficiency. €f the Lease End Provision price financial infarmaticn that w$ may reasonably request; and. (f~ will use the Equipment only for indicated on the face of this Lease a ~1, and the net proceeds we recover following -.a essential governmental or proprietary functions within the permissible reaps of your default is mare than the Remaining Balance and other outstanding amounts payable by authority you, we will give you the excess. You waive any notice of our repossession or disposition 8. ~IAINTENANGE: USE: INSTALLATIQN: Yau are responsible far instaliatlan and of the Equipment. 13y repossessing any Equipment, we da not waive our right to collect maintenance of, and for any damage to. the Equipment You mull service, repair and any amounts due an this Lease. lNe well oat be responsible to you for any consequential or maintain the E uipment ai our ex erase h the same canditian as when received, ordinary incidental damages, Our delay ar failure #a enforce our eights under this Lease will oat q y p .prevent us from doing sa at a later time, wear and tear excepted, in compliance with all applicable laws and regulations, and in 94, GNfJIGE pp LAVU; JtJRISDICTIOhf:UENUE; VtifAIVEI~ pF JU1~Y 7RiAL; Yau and any compliance with all insurance policies and all manuals, orders, recommend tiers and Guarantor hereto agree that this Lease wilE be deemed for all purposes to be fully executed instnactians issued by the manufacturer or vendor. You shall permit the Equipmen# to be and pe[farmed in the State of Texas, and will be gflverned by Texas law. YOU ANp ANY used b qualified personnel solely far business purposes antl the purpose for which it was GUARANTOR El(P}~ESSLY AND IRf~IwVOOABLY ACI~EE T0: {a] BE SUBJECT 70 designed. Yau wilt make na alterations or modifications to the Equ€pment without our prior THE PEI~SDNA[. JIJI~ISDIC"f'IQN OF THE 5TATE OF TE~(A$ IN ANY t"CENTROVERSY written consent, If the Equipment mat functions; is damaged, lost ar stolen, you agree to THAT MAY ARISE RIvLATIfVG TO THIS LEASE, ANY GUARANTY OR THE continue to make a!i payments due under f17Es Lease. Et~UIPMENT, Ib` ACCEPT VEt*IUE IN ANY FE3~ERAL t~IR STATE COURT IN TEXAS 9. INSURANCE, CASUALTY Until this Lease is paid in #ull and the Equipment has been AND AGREE THAT SUCH CaURT WILL Bf? A C4NVENII=N~' PLACE FOR ANY'~RIAL; AND, {cy WAIV£ ANY RIGI~T '~D A TRIAL ~Y Jl1RY: You and any Guarantor further returned tc us, you: will; i<a} keep the Equipment inured under all risk property insurance acknowledge and agree that subsections (a) through (c} are canditinns precedent to and policies naming ur as foss payee for the greater of the Remaining Balance [defined below} or are material inducements to our entering into this Lease wish you and any Guaranty with Its full replacement value against all types of Ices including theft; and, i;b~ provide and any Guarantor. maintain comprehensive general public liability insurance naming u: as additional insured, All FtNAf,1CE I.EASI*; AlylENDMENTS; YOUR 4BLlGATIDN TO PAY ALIT AMf~UNTS policies and insurers she€I be acceptable to us and the, insurers} must agree to provide us at UNDER TI.11S LEASE IS ABSOLUTE AN17 UNCONDITIONAL. THIS LEASE IS A least 3C1 days prior written notice of any material change, cancellation ar non-renewal of ""FINANCE LEASE" tiNDER THE €7NIFDRM COMMERCIAI. CLUE. AS ADt~PTED ltV coverage. If you do oat provide us with accepfable evidence of insurance, we may, but will "TEXAS ~"UCO"}, THIS LEASE MAY Nt3T BE AMENDEI] E~CEIa7 BY A WRITINt; have na obligation to, obtain, insurance and add a charge to your monthly payment which will V4fHIGH WE DAVE SIGNED. Y4~U WAIVE ANY AND ALL RIGHTS AND, REMEpIES YDU MAY NAVE UNDER UGC ~A•~(l~ TIiRt~UGH 2A•522; INCLUDING ANY RIGHT TD; include the insurance premium charged by our insurance provider, our then prevailing CANCELTI~IS IwEASE; (b~ REJECT TENDER {~F Tt-!E E~liff#M.ENT; {c} REVOKE insurance administrakion fee, together with interest on such amounts at the overdue rate ACCEP~'ANCE aF 71iE EC~t1f~'MEt~T; (d} RECOVER UAMAGE.S FOR ANY I~REACI~ provided in Section f3. If the Equipment is damaged, you shall immediately repair the OF 1NARRANTY; AND (c) MAKE DEDUCT€ON$ OR SET-OFFS, FOR ANY REAS{1N, damage at your expense, tf any Equipment Is (oat, stolen ar damaged beyond repair, you FR{~I~ AMtIUNTS 13UE US UNDER THIS LEASE, lF ANY PART OF THIS LEASE 3S shall at our option, (a} replace the same with like equipment in a canditian acceptable to us INCQNSISTENT WI€H UCC ~A, THE 7E1~MS OF Th115 LF_A5E WILL GOVERN, and convey, clear title to suoh equipment to us (such equipment w€II became Equipment 16. NON-APPi~IATIDN: if you: 1) are not allotted funds for Phis Lease in the next fiscal subject fo this Lease}, or (b) pay us the Remaining Balance, For purposes of this Lease, year, 2) gave no funds for replacement equipment; and 3} have no funds from other rooster (1, 2 and 3 shaft be hereinafter collectively referred to as "Non.Appropriation"}, you "Remaining Balance" means the sum of (i} all amoursts which are currently due to us under may terminate this Lease at the god of the then current fiscal year. In such event, you shelf this Lease, but ate unpaid, plus {iiJ the present value of the sum of all amounts to become return the Equipment to us, at your sale expense, You shelf not within a period of Non- due during the Lease term plus the Lease End Provision price for the Equipment set forth Appropriation, acquire by any means equipment similar to the Equipment, unless same above. if the Lease lend Provision price is FMV, then the Remaining Balance will be shall be feared from us. calculated by reference to the expected Flltlll far the Equipment as of the er~d of the Lease ~7, 838 FILING' You agree that you will timely file a Form t3D3B-GC (or, as necessary, term, as reasonably anticipated by us at the commencement of the Lease. Upon, our receipt Form 8D38-G}, ar any revised ar renumbered form with the internal Revenue Service in of the Remaining Balance following the. loss or destruatian of any Equipmen(, you shall be accordance with Section 14~(eJ of the Code and the Regulations there under, and agree to appoint us your Agent far the purpose of maintaining a book entry system as required by entitled fa whatever interest we have in such Equipment, In its then canditian and location„ Section 149~a) of the Gode with out warranties of any kind. 1$. END OF LEASE PROVISION: If you are not in default, you may ai any time with Bp 1D, LIABILITY, lNE ARE NOT RESPONSIBt.E FCf~ ANY LOSSES ~}R INJURIES TO YfIU days prier written notice purchase all (but not less than all} the Equipment for a price equal OR ANY TI-11RI) PARTIES CAI~SED BY THE EQUIPMENT t7R ITS USE, Yau assume fibs to the sum of all remaining payments to came due during the term elf any) plus the Lease risk of liability far, and agree to indemnify, defend and hafd us, our employees and agents, End Prevision price indicated an the face of this tease plus any applicable Tales taxes and harmless from and against ta} any and all liabilities, lasses, damages, claims and expenses fees. Any Lease End Provision price for the Equipment designated above as "FMV" shall (including attorneys' fees and legal costs) arising out of the manufacturer, purchase, be for Its fair market value in place and in use as reasonably determined by us {"FMV"}, shipment and delivery of the Equipment to you, acceptance ar rejection, ownership, You must give us 6Q days advance written notice of your intent to exercise this provision licensing. Titling, registration, leasing; possession, operation, use, return ar ether disposition ~u~less the purchase is being made at the end of the term and the Lease End provision is of the Equipment; including but not limited ta, any liabilities that may arise from patent ar 19. EQUIPMENT RETURN if you do oat exercise the Lease End Prevision at the end of latent defects in the Equipment, and any claims. based an strict toff liability, (b) any and ail Phis Lease term, you will Immediately crate, insure and ship all, but not less than all, of the lass ar dar~age of ar to the Equipment; and (c}, any liability to the manufacturer or supplier Equipment, in goad working canditian, to us at a location and by means we designate, with arising under any purchase orders issued by ar assigned to us, all expenses to be prepaid by you. Yau must give ►~s BE days prior written na#ice of your 11. TAXES: Pt=RSD~IAL PROPERTY TAX FEES: You atJree to show the Equipment as intent to return the Equipment under this Settlers. Yau agree to pay a restocking fee na# to "'Leaser( Property" an all personal property tax {"PPT"} returns. You agree fa pay us all PPT exceed $10D for each item of Equipment which you return to us under this Section. You assessed against the Equipment. During the term of your lease, we may charge you an must disassemble one pack, equipment far shipment in a manner authorized by the man- ufacturer or its representative and provide for ifs reassembly at the return lacatior~ in the estimated PPT fee to offset PPT exposure on your leased Equipment T#~is fee will be a canditian required by this Lease: at your expense. if you fail to return all of the Equipment reasonable estimate ❑f the expected tax Debility, usually 90°fa of the PPT assessed for your to us as agreed, you shaii pay to us the regular Lease payments each month until all of the Equipment in the preceding tax year. We may afro charge you an administrative fee of no Equipment is returned. If the Equipment is damaged when received by us or otherwise oat more than $1Z per item of leased Equipment with each PPT bill to offset the carts associated in the condition required upon return to us,. you agree to pay far all casts of repo€r ar with the reporting, payment, and collection of actual or estimated PPT: Yau agree to restoration. You will else I,e responsible far any damage to the Equipment which occurs reimburse us far applicable sales oodles use tax and all a#ttier taxes, fees, fines and penalties during shipping. 2S, FA){: If we agree, you may transmit this Lease and related documents taus by telecopy which may be imposed, levied or assessed by any federal; stale. ar local government ar or facsimile ("fax"}, The fax version of this Lease and related documents shall constitute an agency which relate to this Lease, ttae Equipment ar its use. Fines and penalties will be original of the documents and "best evidence" of the parties' agreement, and shall be limited to any incurred as a result of your failure to act in accordance with federal, state and binding an you as if it were manually signed :and personally delivered, You agree that the local tax laws and codes oodles the terms of this lease, You agree to reimburse us for fax document will be admissible in gray legal action To the extent this Lease constitutes reasonable costs incurred in collecting or paying any taxes, assessments, charges, penalties chattel paper under the UGC: a security interest in this Lease may be created through he ar fees, transfer and possession of a copy ref this Lease manually e~cecuted by us without the need ASSI~NMFNT: `l0U NEAT' NOl" SELL, PLEQGE, 'TRANSFER, AS~I~N OR SUBLEASE 'to tr~rasfer possession of any other fax or copy of this Lease, ar arty 4thet related THE EQUIPMENT OR THIS LEASE. We may sell, assign or trans#er ail ar any part of this documents ar instruments. We have na duty to verify ar inquire as to the validity, execution, Lease andlor the Equipment The new owner will have the same rights that we have, but you signer's authority ar any other matter concerning the propriety of any fax. agree you wilt not assert against the new owner any claims, defenses or set-off s iliac you ~f- MISCELLANEOUS: If any provision of this Lease is unenferoeable, invalid ar illegal, the remaining provisions will caratinue to be effective. You must bring any action atJainsf us may have against us or any supplier. relating to this Lease within one year after the basis for the claim first arises, and In any 1~. CEFALILT IIAMAGES : If you, or any guarantor of your obligations, (a) fail to make any event not later than one year following termination of This Lease. Time is of the essence Lease payment within b days of when due, or (b} became insolvent or commence bankruptcy wish respect to the payment arad performance of all cat your obligations under this Lease. or receivership proceedings ar have such proceedings commenced against you, or (c} 22. MERGER: THE A$~lIJE TERMS ANCf Ct~I~DITIONS REPRESENT AND MERGE ALL terminate your existence by merger, consolidation, safe of substantially ail your assets, or GF THE TERMS AND CONDITIONS INTQ TH15 LEASE. THIS LEASE CANNOT BE {d} default under any ether agreement yarn have with us or our affiliates, or (e} otherwise MGUI~'lED OR ALTEREQ UNLESS ET IS IN U~'RITENG AND SIGNED BY ONE OF QUR breach any warranty, covenant ar pravi$ian of this Lease, you will be in defau€t„ if you are in C11=FICERS. default we may, but shall oat be obligated to, da any or all of the fallowing. (I} declare immediately due and. payable the Remaining 13alance antl all unpaid amounts due under this Lease, (ii} require you to Immediately return all Equipment to us at your expense, (iii} with or without notice, demand or legal process, re-take possession of the ) quipment (and you authorize us to enter upon the premises wherever the Equipment may be found), {iv} sell, hold, use, lease ar otherwise dispose of the Equipment., (v) immediately terminate this Lease (and an other a reements we have with you}, (vi) apply any securit deposit Aufl~~rized Signer Lessee Full Legal Name; Gity of Denton Indicate Purchasing Agent, Buyer, etc, Tifie: ~ Signed y: Co~c lv CApPITAL PARTN~f~~ INC. gate F 4 1 Lease Agreement, Page 2 of 2 Schedule A This schedule supplements and is hereby incorporated by reference in Lease Schedule Igo, 42249, dated , 20 ~"Schedule"~, to Lease Agreement dated by and between Panasonic Finance Solutions ~"Lessor"} and City of Denton ('"Lessee"}. t Descri tion Serial iVurnber 3U CF-19KHRC6AM Panasonic Tou hbooks CF-19 Vehicle Mount 34 nick Connect/Release Deskto Port Re licator Equipment Location: 901 Texas St Ste B Denton TX 76299-4354 A fax copy of this document shall be accepted as a legal binding agreement Panasonic Finance SolutianS Legal Name of Corporation 655 Business Renter Dri~►e, Suite 250, Horsham, PA 19044 City of Denton Phone 800 373-6304 FAX 267 960-4001 Signature Signature X Print Name Title Date Print Name Title Date 20f~ appdacpkg78105 ORDINANCE N0. AN ORDINANCE AWARDING A CONTRACT TO PANASONIC FINANCIAL SOLUTIONS FOR THE LEASE PURCHASE OF THIRTY (30) PANASONIC TOUGHBOOK PCS AND ACCESSORIES FOR DENTON MUNICIPAL ELECTRIC (DME) AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION, DEPARTMENT OF INFORMATION RESOURCES (DIR CONTRACTDIR-SDD-531); PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 4352-PANASONIC FINANCE SOLUTIONS/MUNICIPAL LEASE AGREEMENT #42209 IN THE AMOUNT OF $27,726.00, THE FIRST OF SIX SEMI-ANNUAL PAYMENTS, FOR A TOTAL THREE-YEAR LEASE IN THE AMOUNT OF $166,356.00). WHEREAS, pursuant to Resolution 92-019, the State Purchasing Building and Procurement Commission has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies or services can be purchased by the City through the Building and Procurement Commission programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered purchase order for materials, equipment, supplies, or services, shown in the "Purchase Orders" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved: FILE NUMER VENDOR AMOUNT 4352 Panasonic Finance Solutions $166,356 SECTION 2. By the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City accepts the offer of the persons submitting the bids to the Building and Procurement Commission for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the Building and Procurement Commission, and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the Building and Procurement Commission, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the Building and Procurement Commission, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2009. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY r r= 5 BY: 4-ORD-File 4352 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 July 13, 2009 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6 present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on 7 Monday, July 13, 2009 at 9:00 a.m. in the Service Center Training Room, City of Denton 8 Service Center, 901-A Texas Street, Denton, Texas. 9 10 Present: Chair Dick Smith, Phil Gallivan, John Baines, Randy Robinson and Bill Grubbs 11 12 Ex Officio Members: 13 George C. Campbell, City Manager 14 Howard Martin, ACM/Utilities 15 16 Absent: Bill Cheek, excused 17 18 OPEN MEETING: 19 20 CONSENT AGENDA: 21 The Public Utilities Board has received background information, staff's recommendations, and 22 has had an opportunity to raise questions regarding these items prior to consideration. 23 24 8) Consider recommending of an ordinance awarding a contract to Panasonic Financial 25 Solutions for the lease purchase of thirty (30) Panasonic Toughbook PCs and accessories for 26 Denton Municipal Electric (DME) as awarded by the State of Texas General Services 27 Commission, Department of Information Resources (DIR Contract DIR-SDD-531); 28 providing for the expenditure of funds therefore; and providing an effective date (File #4352 29 Panasonic Finance Solutions/Municipal Lease Agreement #42209 in the amount of 30 $27,726.00, the first of six semi-annual payments, for a total three-year lease in the amount 31 of $166,356.00). 32 33 Board Member Phil Gallivan moved to approve Item 8 with a second from Board member 34 John Baines. The motion was approved by a 5-0 vote. 35 3 6 The meeting was adj ourned by consensus at 10:03 a.m. 37 AGENDA INFORMATION SHEET AGENDA DATE: July 21, 2009 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Phil Williams 349-8487 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance of the City of Denton, Texas authorizing the expenditure of funds for payments by the City of Denton for electrical energy transmission fees to those cities and utilities providing energy transmission services to the City of Denton; and providing an effective date (File 4198-Electrical Energy Transmission Fees for American Electric Power in the additional amount of $25,651.96 for a total award of $113,933.96 and File 4199-Electrical Energy Transmission Fees for Lower Colorado River Authority (LCRA) in the additional amount of $148,182.64 for a total award of $736,682.64. The Public Utilities Board recommends approval (5-0). FILE INFORMATION The Public Utility Regulatory Act of 1995 (PURA 95) required the development of a new, statewide mechanism for electric transmission service in Texas. PURA 95 also placed municipal utilities under the jurisdiction of Public Utilities Commission of Texas (PUCT) for matters related to transmission. As a result, the Denton Municipal Electric Utility has been ordered by the PUCT to pay various other electric utilities in the State specific amounts. Purchase orders provide the City of Denton the authority required by the City Charter to make those payments. These purchase orders will encumber funds estimated as costs for services through September 2009. No funds will actually be spent until invoices are received, reviewed, and approved. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at its July 13, 2009 meeting. Council approved the payment of transmission fees to Lower Colorado River Authority in the amount of $588,500 on December 2, 2008. The City Manager approved the payment of transmission fees to American Electric Power in the amount of $88,282 on November 12, 2008. RECOMMENDATION Approve the payment of additional transmission fees to American Electric Power in the amount of $25,651.96 plus previously approved fees of $88,282 for a total award of $113,933.96 and additional transmission fees to Lower Colorado River Authority (LCRA) in the amount of $148,182.64 plus previously approved fees in the amount of $588,500 for a total award of $736,682.64. Agenda Information Sheet July 21, 2009 Page 2 PRINCIPAL PLACE OF BUSINESS Lower Colorado River Authority American Electric Power Austin, TX Columbus, OH ESTIMATED SCHEDULE OF PROJECT These purchase orders will encumber funds estimated as costs for services through September 2009. FISCAL INFORMATION This item will be funded from account 600100.6072. The existing Purchase Order 142993 to American Electric Power and Purchase Order 141853 to Lower Colorado River Authority will be revised upon Council approval to include the additional amounts. Respectfully submitted: . 1 Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-File 4198 and 4199 ORDINANCE N0. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR PAYMENTS BY THE CITY OF DENTON FOR ELECTRICAL ENERGY TRANSMISSION FEES TO THOSE CITIES AND UTILITIES PROVIDING ENERGY TRANSMISSION SERVICES TO THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE 4198-ELECTRICAL ENERGY TRANSMISSION FEES FOR AMERICAN ELECTRIC POWER IN THE ADDITIONAL AMOUNT OF $25,651.96 FOR A TOTAL AWARD OF $113,933.96 AND FILE 4199-ELECTRICAL ENERGY TRANSMISSION FEES FOR LOWER COLORADO RIVER AUTHORITY (LCRA) IN THE ADDITIONAL AMOUNT OF $148,182.64 FOR A TOTAL AWARD OF $736,682.64. WHEREAS, in order to comply with the legislative requirements contained in the Utility Regulatory Act of 1995, for the payment for energy transmission services fees, the City of Denton is required to pay such fees imposed by the Public Utilities Commission of Texas to the Listed Utility as set forth in Exhibit "A"; and WHEREAS, the City Manager has reviewed and recommended that the City Council approve and authorize the payment of such fees; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The expenditure of funds in the amount of $736,682.64 to be paid to Lower Colorado River Authority and $113,933.96 to be paid to American Electric Power as shown on Exhibit "A", which is attached hereto and made a part of this ordinance for all purposes, is hereby aut orize . SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2009. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY r i - - , BY: 3-ORD-FILE 4198 and 4199 EXHIBIT "A" Lower Colorado River Authority $736,682.64 American Electric Power $113,933.96 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 July 13, 2009 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6 present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on 7 Monday, July 13, 2009 at 9:00 a.m. in the Service Center Training Room, City of Denton 8 Service Center, 901-A Texas Street, Denton, Texas. 9 10 Present: Chair Dick Smith, Phil Gallivan, John Baines, Randy Robinson and Bill Grubbs 11 12 Ex Officio Members: 13 George C. Campbell, City Manager 14 Howard Martin, ACM/Utilities 15 16 Absent: Bill Cheek, excused 17 18 OPEN MEETING: 19 20 CONSENT AGENDA: 21 The Public Utilities Board has received background information, staff's recommendations, and 22 has had an opportunity to raise questions regarding these items prior to consideration. 23 24 3) Consider recommending adoption of an ordinance of the City of Denton, Texas authorizing 25 the expenditure of funds for payments by the City of Denton for electrical energy 26 transmission fees to those cities and utilities providing energy transmission services to the 27 City of Denton; and providing an effective date (File 4198-Electrical Energy Transmission 28 Fees for American Electric Power in the additional amount of $25,651.96 for a total award of 29 $113,933.96 and File 4199-Electrical Energy Transmission Fees for Lower Colorado River 30 Authority (LCRA) in the additional amount of $148,182.64 for a total award of $736,682.64. 31 32 Board Member Phil Gallivan moved to approve Item 3 with a second from Board Member 33 John Baines. The motion was approved by a 5-0 vote. 34 3 5 The meeting was adj ourned by consensus at 10:03 a.m. 36 AGENDA INFORMATION SHEET AGENDA DATE: July 21, 2009 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Ross Chadwick 349-8832 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance accepting competitive bids by way of an Interlocal Cooperative Purchasing Program Participation Agreement with the City of Carrollton under section 271.102 of the Local Government Code, for the purchase of emergency medical supplies for the City of Denton Fire Department; providing for the expenditure of funds therefor; and providing an effective date (File 4341-Interlocal Agreement for Emergency Medical Supplies with the City of Carrollton, contract awarded to Bound Tree Medical in the estimated amount of $150,000). FILE INFORMATION An Interlocal Agreement for cooperative purchasing was approved by Council on September 5, 2000 (Ordinance 2000-366) allowing the City of Denton to participate in City of Carrollton contracts for the supply of goods and services. On May 29, 2009, the City of Carrollton awarded a contract of Emergency Medical Services (EMS) supplies to the lowest responsible bidder meeting specification, Bound Tree Medical. (See Memorandum of Bid Award- Exhibit 1). The supplies to be purchased from this price agreement will provide basic ambulance supplies used by the Fire Department. In the past, EMS supplies were ordered and maintained as working capital Warehouse items. Pending approval of this recommended award, each individual fire station will assume the duties of ordering and maintaining these supplies. The City of Denton Warehouse will discontinue this service July 31, 2009. Fire Department staff estimates cost savings of approximately $30,000 per year and more cost effectiveness and efficiency due to the following: • Eliminates warehouse stocking charges. • Reduces the chance of expiration of drugs with reduced stocking of drugs. Last year the Fire Department lost $10,975 on expired medication and supplies. ~ Saves fuel costs since crews will not have to drive to warehouse during business hours. ~ Saves labor costs with one step ordering at each fire station. • Keeps crews in their respective districts. • Easy to make changes or substitutions. • Each individual using the system must log in to use the system detailing order and tracking information by person and station. • Ability for the EMS Battalion Chief to specify supply amounts saving overstocking and expire rugs. • Delivery of products usually within 2 to 3 days directly to the station that made the order. • All seven stations will have the ability to order, but only approved medications and supplies and amounts. RECOMMENDATION Award to Bound Tree Medical by way of an Interlocal Agreement with the City of Carrollton. PRINCIPAL PLACE OF BUSINESS Bound Tree Medical Dublin, OH ESTIMATED SCHEDULE OF PROJECT The delivery of specific orders can be completed in 2-5 days after receipt of an order. FISCAL INFORMATION The supplies will be funded from account 320100.6336 on an as needed basis. EXHIBITS Exhibit 1: City of Carrollton Council Award Respectfully submitted: . 1 Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-File 4341 _ Exhibit 1 DATE: May 29, 2009 T®: Leonard Martin, City Manager FROM: Vince Priolo, Purchasing Manager SUBJ.: AWARD OF EMS SUPPLIES REQUEST FOR PROPOSAL (RFP) BACKGROUND: The supplies to be purchased from this price agreement will provide basic ambulance supplies used by the Fire Department. Included in this bid was the requirement for the chosen vendor to have an electronic ordering system and database. In the past, this bid has been spread to as many as ten vendors, which makes the ordering of supplies very cumbersome and staff intensive. The requirement for an electronic ordering system is to simplify the process and reduce staff time obtaining supplies. One vendor for all of these products is greatly preferred by the Fire personnel. Bids were advertised and received from six vendors who responded. Four bids did not supply information regarding there Purchase Order system which was a requirement of the bid specifications. FINANCIAL IMPLICATIONS: The medical supplies on RFP # 08-045 will be purchased from budgeted funds for the cost centers and amounts as listed below. COST CENTER LINE ITEM BUDGET AMOUNT FIRE ~ 2212 -AMBULANCE SUPPLIES $ 80,000.00 FIRE 2219 -MEDICAL DRUGS $ 20,000.00 TOTAL ~ 100,000.00 RECOMMENDATIONIACTION DESIRED: Staff recommends that the bid meeting all specifications be awarded to Bound Tree Medical for an amount not to exceed $100,000. N_: Bound Tree Medical and Midwest Medical are the only vendors to submit documentation on their online purchasing system, which was a requirement in the bid specifications. This online purchasing system will establish separate accounts for each station location and allows the Fire department to submit orders electronically via a website with provides customer account access 24 hours a day, 7 days a week. The other vendors who did not specify that they had an online ordering system are Moore Medical, CVC, Zoll Medical, and Henry Schein Matrx Medical. Midwest IVledical Supply Bound Tree Medical Category 1 $12,376.21 $7,445.46 Category 2 $10,986.57 $13,749.98 Category 3 $13,560.49 $16,246.04 Category 4 $33,189.62 $37,667.80 Category 5 $55,115.84 $36,044.88 Category 6 $16,848.51 $14,718.94 $142,077.24 $125,873.10 ORDINANCE N0. AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN INTERLOCAL COOPERATIVE PURCHASING PROGRAM PARTICIPATION AGREEMENT WITH THE CITY OF CARROLLTON UNDER SECTION 271.102 OF THE LOCAL GOVERNMENT CODE, FOR THE PURCHASE OF EMERGENCY MEDICAL SUPPLIES FOR THE CITY OF DENTON FIRE DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 4341-INTERLOCAL AGREEMENT FOR EMERGENCY MEDICAL SUPPLIES WITH THE CITY OF CARROLLTON, CONTRACT AWARDED TO BOUND TREE MEDICAL IN THE ESTIMATED AMOUNT OF $150,000). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager or his designee is hereby authorized to purchase Emergency Medical Supplies in the estimated amount of $150,000 from Bound Tree Medical under competitive bids received by the city of Carrollton accordance with an Interlocal Cooperative Purchasing Program Participation Agreement under Section 271.102 of the Local Government Code which is on file in the office of the Purchasing Agent. SECTION 2. The City Manager or his designee is authorized to expend funds pursuant to the agreement for the purchase of various goods and services. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2009. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY 5 BY: 3-ORD-File 4341 AGENDA INFORMATION SHEET AGENDA DATE: July 21, 2009 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Mike Ellis 349-8424 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board Cooperative Purchasing Network for the acquisition of three digger trucks for Denton Municipal Electric by way of an interlocal agreement with the City of Denton; and providing an effective date (File 4350-Three Digger Trucks for Denton Municipal Electric awarded to Southwest International Trucks for one chassis/body in the amount of $186,267.20 and Rush Truck Center, Crane for two chassis/bodies in the amount of $547,183.62 for a total award of $733,450.82). The Public Utilities Board recommends approval (5-0). FILE INFORMATION This item is for the acquisition of three aerial lifting device trucks for Denton Municipal Electric. All three units are Motor Pool replacements for 2000 year model trucks. Two of the replacement trucks, will have an Altec model D4060A Hydraulic Derrick and an Altec model D3050A Hydraulic Derrick. The D3050A has a sheave height of 49.5 feet and 15,000 pounds of lifting capacity; while the D4060A has an additional 10 feet of sheave height and additional 3,000 pounds of lifting capacity. Both of the Altec bodies will be mounted on 2010 Peterbilt Model 367 chassis, tandem axle trucks. The unit is powered by a Cummings ISM 350HP, Tier II engine that complies with Environmental Protection Agency (EPA) and Texas Commission on Environmental Quality (TCEQ) regulations for vehicles of this size. The third truck will have an Altec model DM47 Hydraulic Derrick, a working height of 46.4 feet and mounted on a 2010 International 4300 4X2 single rear axle chassis. The unit is powered by an Allison 3500 RDS, Tier II engine that complies with EPA and TCEQ regulations for vehicles of this size. Two of the 2000 year model trucks will be taken out of service but the third one will continue to be used as a backup truck and replaced within three years. (In September 2002, the Texas Building and Procurement Commission awarded a contract for the purchase of Vehicle-Mounted Personnel Lifts, (Bucket Trucks) to Altec Industries, Inc., contract TXMAS-3-23010). PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at its July 13, 2009 meeting. Agenda Information Sheet July 21, 2009 Page 2 RECOMMENDATION Award the purchase of three aerial lifting device trucks to Southwest International Trucks for one chassis/body in the amount of $186,267.20 and Rush Truck Center, Crane for two chassis/bodies in the amount of $547,183.62 for a total award of $733,450.82. PRINCIPAL PLACE OF BUSINESS Rush Truck Center, Crane Southwest International Trucks San Antonio, TX Dallas TX ESTIMATED SCHEDULE OF PROJECT Delivery of the trucks can be made within 180 days of receipt of a purchase order. FISCAL INFORMATION These items will be funded from the following account numbers: Unit ED0942 602545605.1355.3920 $274,513.31 Unit ED0943 602546605.1355.3920 $272,670.31 Unit ED0944 602547605.1355.3920 $186,267.20 Requisition #s 94128, 94129 and 94132 have been entered in the Purchasing software system. EXHIBITS Exhibit 1: Rush Truck Center, Crane Quotes Exhibit 2: Southwest International Trucks Quote Respectfully submitted: . 1 Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-File 4350 Exhibit 1 Rush Truck Center, Crane PO Box 200105 San Antonio, TX 78220 Cust0l~er PrQ ®~al Letter p 877-661-4511 ...t.:. ,.....:..:n..~...., .:~t:~ n . ~ , ~n ~ gyn. u..n, ..~.....,~.u n. n .,.,.n ....u. n ....x n... n . Denton, City of f~; ~ 901-B Texas St Denton, TX 76201-4354 ''940-349-7100 i3 Mike Ellis 3> Mike Ellis, thank you for the opportunity to earn your business. We look forward to working with you on your business needs. Please accept the following proposal. f I , Make Peterbilt Model 367 Year 2010 Stock Number To Be Determined Additional Vehicle and Accessories Description To be delivered on or about 8/112009 a New 2010 Peterbilt model 367 for Altec DiggerlDerrick Includes Cummins ISM 350HP Body Pricing Altec Quote for D4060A Hydrailic Derrick per Altec quote 67360-2 $145,035.00. Additional options include: Radio Remote $7,440.00, Altec RotaFloat Add $1,040.00 available on BuyBoard Contract 281-07 Quantit 1 Total y i :r Truck Price per U n it $270, 363.31 $270, 363.31 'i F.E.T. (Factory & Dealer Paid} $0.00 $0.00 Net Sales Price $270,363.31 $270,363.31 3,900.00 3,900.00 Optional Extended Warranty(ies} $ $ State Sales Tax License, License Transfer, Registration Fee Documentary Fee $250.00 $250.00 Administration Fee Vehicle Invento Tax 1 ry Additional Taxes Tire Recycling Program Battery Disposal Fee Out of State Vehicle Fee Total Sales Price $274,513.31 $274,513.31 Trade Allowance $0.00* * See DISCLAIMER below Sales Representative Holloway, Hal 410 signature printed name 6 Purchaser signature printed name title date Accepted by Sales Manager or f General Manager signature printed name f note ood until 81~ 012009 Note; The above Customer Pro osal is a notation onl ,Sale terms sub'ect to a royal of Sales Mana er of Dealer, Q 9 p q Y J pp g DISCLAIMER: Any order based on this Proposal subject to Customer executing Dealer's standard form Retail Purchase Order incorporating above terms. Any documentary fees, state tax, title, registration iF: and license fees subject to adjustment and change, Actual F.E.T. to be paid by Dealer, subject to adjustment. Any F.E,T. variance will be responsibility of Dealer. Manufacturer has reserved the right to change the price to Dealer of any vehicle not currently in Dealer's stock, without notice to Dealer. If Quoted Vehicle(s) not currently in Dealer's stock, Dealer reserves right to change Quotation Total to reflect any price increases from Manufacturer. This Proposal is based upon Dealer's current and expected inventory, which is subject to change, Dealer not obligated to retain any specific vehicles in stock, nor maintain any specific inventory level. Dealer shall not be obligated to fulfill Proposal in event quoted vehicle(s) not in stock or available within requested delivery schedule at time Proposal accepted. Dealer shall not be liable for any delay in providing or inability to provide Quoted Vehicle(s), where such inability or delay is due, in whole or in part, to any cause beyond the reasonable control of Dealer or is without the gross I'. negligence or intended misconduct of Dealer. Above listed Trade Value based upon current appraisal of Trade Vehicle(s). Dealer may adjust Trade Value of Trade Vehicle(s) to reflect changes in condition ~r'~ andlor mileage of Trade Vehicle(s) between date of current appraisal and acceptance of this Proposal by Customer. / ~ ~/~~/F -.f /f ~ . nit ~ ,,,..t,,. ~ ..Gf , f., .n. !.T'. ~ f ~ ~ ! ~ ~ ~ ~ . .:`•S'..... RTC Q-300-4106 Printed on 7/612009 at 12;39 PM. Rush Truck Center, Crane PO Box 200105 • San Antonio, TX 78220 uSt®nler Proposal Letter 877-661-4511 , ..............................................................:.:.:.:;:::;:.r..,,r::..:r, r,.,.:::,,.:«::::,•. •:.::,„:,,,:~,,r:,...,::.,.~.r•,:..;.,,,.:,.;,>;:,,,.K.,..:„r;r ,,,•,;r,..:.,..,..,...,.;;.,...,r..:r.,,,,,,ny..,...rrrrr,rr;,r.,,,•,;;,;;,,•.r, ..Y... 'r: a.,' ; •r:.;; :.;...:•..:.;r ;.R ...;...r,. rv.• •..ru.•::•::::.:•;>;++:: n.r ..n•'. •'xYa, ..w✓, .fS?t .x& ;,.b f.3 ..<,.w. „u~fs ~{~d x•. 'ws, ,.lc.. ,.n T uc:. ~;,,»:u•!+X4r1y?~r~ ,ns rr c `k :"vt+ ;a .,...uµ uk . . • ; y, . . .w •...v . } ~i Denton, City of ' 901-B Texas St Denton, TX 76201-4354 f .:t. 940-349-7100 `r f,, Mike Ellis Vii: Mike Ellis, thank you for the opportunity to earn your business. We look forward to working with you on your business needs. Please accept the following proposal i . { . f . r: ~r , : : , > ; ; ...rr ,f . _ err .::...::::<a• Sp Make Peterbilt Model 367 Year 2010 Stock Number To Be Determined Additional Vehicle and Accessories Description To be delivered on or about 313112010 ~3 i e;; New 2010 Peterbilt model 367 for Altec DiggerlDerrick Includes Cummins ISM 350HP Body Pricing Altec Quote for D3050A Hydrailic s Derrick per Altec quote 67361-1 $129,192.00. Additional options include: Radio Remote $7,440.00, Altec Rotafloat add $1,040.00 1 'y,; Front mount Braden Winch 20K P618 add $7,500.00 install customer supplied winch Add $6,500.00 BuyBoard Contract 281-07 w Quantity 1 Total Truck Price per Unit $268,520.31 $268,520.31 F.E.T. (Factory & Dealer Paid) $0.00 $0.00 Net Sales Price $268,520.31 $268,520.31 Optional Extended Warranty(ies) $3,900.00 $3,900.00 State Sales Tax License, License Transfer, Registration Fee $250.00 $250.00 Documentary Fee Administration Fee Vehicle Inventory Tax Additional Taxes :i: Tire Recycling Program }F Battery Disposal Fee ;f:, Out of State Vehicle Fee Total Sales Price $272,670.31 $272,670.31 A£~ Trade Allowance $0.00* %,i * See DISCLAIMER below Sales Representative Hollowell, Hal 410 . <il signature printed name :.S € ss; ~`3 >~I Purchaser 1 signature printed Warne i title date A ; i i(; j~:; :X+~, i;1 ;:>r:: Accepte y a es anager or General Manager signature printed name Quote good until 811012009 Note: The above Customer Proposal is a quotation only. Sale terms subject to approval of Sages Manager of Dealer. f:~: DISCLAIMER: Any order based on this Proposal subject to Customer executing Dealer's standard form Retail Purchase Order incorporating above terms. Any documentary fees, state tax, title, registration and license fees subject to adjustment and change. Actual F.E.T. to be paid by Dealer, subject to adjustment. Any F.E.T. variance will be responsibility of Dealer. Manufacturer has reserved the right to change the price to Dealer of any vehicle not currently in Dealer's stock, without notice to Dealer. If Quoted Vehicle(s) not currently in Dealer's stock, Dealer reserves right to change Quotation Total to reflect any 'f ' price increases from Manufacturer. This Proposal is based upon Dealer's current and expected inventory, which is subject to change. Dealer not obligated to retain any specific vehicles in stock, nor maintain any specific inventory level. Dealer shall not be obligated to fulfill Proposal in event quoted vehicle(s) not in stock or available within requested delivery schedule at time Proposal accepted. Dealer shall not be } liable for any delay in providing or inability to provide Quoted Vehicle(s), where such inability or delay is due, in whole or in part, to any cause beyond the reasonable control of Dealer or is without the gross negligence or intended misconduct of Dealer. Above listed Trade Value based upon current appraisal of Trade Vehicle(s). Dealer may adjust Trade Value of Trade Vehicle(s) to reflect changes in condition andlor mileage of Trade Vehicle(s) between date of current appraisal and acceptance of this Proposal by Customer. ...;M . r.K..rf...r.R ..l: '..Q'..... ,,,,,,,,,,,,,«f....................:..............+...........,...d,,,,,,.,.:,,,. 1..,..S,..s,,,.,,...,.,..,,,,.,..,..,,,,,.... SIE.,.,,,.,,,1.:.......,,..,,,~..,I.,...,,,,..fi':f,,,.,...,,,,,,,7.,,,,.,.,;.,.,,:,.,..•.:,...,,...,...,.. r.:::s.t.:;,....::t::2:'.;.,,:...>.::%:5:.>:;r y. ,s::;.; r.:.. ....,.k. , , S RTC Q-300-4106 Printed on 7/6/2009 at 12:36 PM. Exhibit 2 Texas Local Government Purchasing Cooperative PRICING WORKSHEET Buying Agency: City of Denton Date Prepared 6/18/2009 Southwest International Trucks Contract # 281-07 Product Description: 2010 New International 4300 4x2 truck for digger derrick body Contact Person: Mike Ellis Item: Base Chassis Bid $ 46,856.20 B: Options Option cost is 80% of MSRP front tow hooks 56.80 circuit breakers 77.60 HD frame rails 668.00 Maxxforce DT 255 hpl 660 torq 1,683.20 License plate holder 22.40 Horton fan drive 161.60 14,000 front axle 721.60 remote engine control 35.20 14,000 front springs 192.80 Allison 3500 RDS 5 spd automatic 6,673.60 dual air brake system -265.60 Synthetic trans oil 159.20 Trailer connections 248.00 Dana 21,000 rear axle 621.60 ABS air brake system 1,064.00 23,500 suspension 104.00 Wabco air dryer 348.80 Synthetic axle tube 72.00 16.5 x 5.0 front brakes 118.40 Transmission temp gauge 37.60 Air compressor 53.60 Air cleaner gauge 23.20 Ross steering gear 16.80 Air ride driver seat 90.40 HorizontallHorizontal exhaust NC two man passenger seat 259.20 cigar lighter 13.60 convex mirrors 16.80 2 electric horns 15.20 Cab air suspension 448.00 body builder wiring 124.00 Air conditioner 644.80 Am Fm stereo radio 264.80 8.25 x 22.5 frontlrear wheels (19.20) 7 way socket trailer connection 128.00 Goodyear frontlrear tires 584.00 single air horn 37.60 361150,000 towing warranty 105.00 low coolant level gauge/alarm 46.40 Subtotal Column 1: $ 3,875.20 Subtotal Column 2: $11,777.80 Total Options $ 15,653.00 CHASSIS WITH FACTORY OPTIONS $ 62,509.20 TOTAL BODY PRICE Altec Quote 67362-1 / DM47 Hyd. Derrick $99,563.00 Additional Options: Bu Board Fee 200.00 Transportation 100.00 DOT Inspection with Fire Extinguisher and Road Flare Kit 165.00 options recommend, radio remote 7,440.00, Altec rotafloatTM 1,040.00, side load protection 1,250.00 front braden winch package 20,OOOIbs 7,500.00, install customer winch supplied 6,500.00 Total all options above $23,730.00 TOTAL BUY BOARD PRICE $186,267.20 CALVIN LEWIS Southwest International Trucks-MCKINNEY MCKINNEY, Texas, 76010 Fax# 972-542-5250 Office# 972-542-1201 E-mail Address:calvin.lewis@swit-tx.com To purchase this unit, please issue a purchase order to the Buy Board; the Buy Board will notify Southwest International of your purchase order. We will order the truck and body when we receive the purchase order from the buy Board. Thank you, CALVIN LEWIS 7/7120091:57 PM ORDINANCE N0. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER THROUGH THE BUY BOARD COOPERATIVE PURCHASING NETWORK FOR THE ACQUISITION OF THREE DIGGER TRUCKS FOR DENTON MUNICIPAL ELECTRIC BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE 4350-THREE DIGGER TRUCKS FOR DENTON MUNICIPAL ELECTRIC AWARDED TO SOUTHWEST INTERNATIONAL TRUCKS FOR ONE CHASSIS/BODY IN THE AMOUNT OF $186,267.20 AND RUSH TRUCK CENTER, CRANE FOR TWO CHASSIS/BODIES IN THE AMOUNT OF $547,183.62 FOR A TOTAL AWARD OF $733,450.82). WHEREAS, pursuant to Ordinance 2005-034, the Buy Board Cooperative Purchasing Network has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies, or services can be purchased by the City through the Buy Board Cooperative Purchasing Network programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies, or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The items shown in the "File Number" referenced herein and on file in office of the Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: FILE NUMBER VENDOR AMOUNT 4350 Rush Truck Center, Crane $547,183.62 43 50 Southwest International Trucks $186,267.20 SECTION 2. By the acceptance and approval of the items set forth in the referenced file number, the City accepts the offer of the persons submitting the bids to the Buy Board Cooperative Purchasing Network for such items and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the Buy Board Cooperative Purchasing Network and the purchase orders issued by the city. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the referenced file number wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the Buy Board Cooperative Purchasing Network, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the Buy Board Cooperative Purchasing Network, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the items set forth in the referenced file number, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approval purchase orders or pursuant to a written contract made pursuant thereto as authorized herein SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2009. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER VVALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY 5 BY: 4-ORD-File 4350 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 July 13, 2009 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6 present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on 7 Monday, July 13, 2009 at 9:00 a.m. in the Service Center Training Room, City of Denton 8 Service Center, 901-A Texas Street, Denton, Texas. 9 10 Present: Chair Dick Smith, Phil Gallivan, John Baines, Randy Robinson and Bill Grubbs 11 12 Ex Officio Members: 13 George C. Campbell, City Manager 14 Howard Martin, ACM/Utilities 15 16 Absent: Bill Cheek, excused 17 18 OPEN MEETING: 19 20 CONSENT AGENDA: 21 The Public Utilities Board has received background information, staff's recommendations, and 22 has had an opportunity to raise questions regarding these items prior to consideration. 23 24 ITEMS FOR INDIVIDUAL CONSIDERATION: 25 26 5) Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his 27 designee to execute a purchase order through the Buy Board Cooperative Purchasing 28 Network for the acquisition of three bucket trucks for Denton Municipal Electric by way of 29 an interlocal agreement with the City of Denton; and providing an effective date (File 4350- 30 Three Bucket Trucks for Denton Municipal Electric awarded to Southwest International 31 Trucks for one chassis/body in the amount of $186,267.20 and Rush Truck Center, Crane for 32 two chassis/bodies in the amount of $547,183.62 for a total award of $733,450.82). 33 34 Chair Dick Smith asked if the purchase of these trucks would be paid from next year's budget. 35 Mike Ellis, Fleet Superintendent, replied that these vehicles are next year replacements and will 36 be paid from next year's budget. Ellis also stated that because these trucks are critical pieces of 37 equipment needed in the fleet, and due to the turmoil in the automotive industry, and because of 3 8 the time lag between build and delivery, the purchase has been accelerated to receive them in a 39 timely manner. 40 41 Board Member Bill Grubbs moved to approve Item 5 with a second from Board Member 42 Randy Robinson. The motion was approved by a 5-0 vote. 43 44 The meeting was adjourned by consensus at 10:03 a.m. 45 AGENDA INFORMATION SHEET AGENDA DATE: July 21, 2009 Questions concerning this acquisition maybe directed DEPARTMENT: Materials Management to Mike Ellis 349-8424 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Houston-Galveston Area Council (H-GAC) for the acquisition of two trailer mounted generators for Denton Municipal Electric by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 4354- Interlocal Agreement for the purchase of two trailer mounted generators for Denton Municipal Electric awarded to Volvo Construction Equipment and Services in the amount of $111,374.94. The Public Utilities Board recommends approval (5-0). FILE INFORMATION Denton Municipal Electric (DME) General Operations will use these two generators to enhance their customer service to both internal and external customers. The generators will allow DME to keep the power on during both scheduled and non-scheduled outages. In addition, under National Electric Reliability Council Guidelines, all of DME's critical assets need to be able to run from some form of backup generators. It is more feasible to purchase mobile generators that can be used in multiple locations. These units will be powered by Tier IV diesel engines that comply with Environmental Protection Agency (EPA) and Texas Commission on Environmental Quality (TCEQ) regulations for equipment of this size. The purchase of the generators is included in DME's 2008-09 approved budget. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The Public Utilities Board approved this item at its July 13, 2009 meeting. RECOMMENDATION Award the purchase of two trailer mounted generators from Volvo Construction Equipment & Services, in the amount of $111,374.94. Agenda Information Sheet July 21, 2009 Page 2 PRINCIPAL PLACE OF BUSINESS Volvo Construction Equipment & Services Houston, TX ESTIMATED SCHEDULE OF PROJECT Delivery of the generators should be within 180 days of issuance of a purchase order. FISCAL INFORMATION The generators will be funded from the following account numbers: Unit EG0995 Acct# 602506605 $49,715.72 Unit EG0996 Acct# 602507605 $61,659.22 Requisition# 94074 has been entered in the Purchasing software system. EXHIBITS Exhibit l: HGAC Quote Contract# GE02-08 Respectfully submitted: . 1 Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-File 4354 Exhibit 1 CONTRACT PRICING WORKSHEET Contract ~ Date For Standard E ui ment Purchases No.: ~ GE02-08 . , 5/27/2009 q p ~ Prepared. , Tlzis Forr~z r~zust be prep~rred by Coyztr~rcto~, ~r~zd provir~er~ to E»rl Uses to att~rcll to Purclzrrse Orr~er, witll copy to H-GAC.. The H-GAC ~rclministr~r~tive fee sl1cr11 be c~rlclsl~rterl ~rnrl show~i r~s ~r sep~rr~r~te line ite~~. Ple~rse type or pr~i»t legif~ly. Buying iCITY OF DENTON Contractor: ,Volvo Const. Eq.&Services formerly Ingersoll Rand Co Agency: Contact ~ Prepared ~ MIKE ELLIS DAN JONES Person: ~ By: ~ Phone: X940-349-8424 Phone: X713-681-9221 ~ ~ ~ ~ Fax: ~ Fax: X713-681-7448 Email: ;mike.ellis(a~cityofdenton.com Email: ;dan.jones(a~vicesvolvo.com Product ~ DB09 Description: ~ INGERSOLL RAND MODEL G185 TRAILER MOUNTED GENERATOR Code: , , A. Product Item Base Unit Price Per Contractor's H-GAC Contract: 46245 B. Published Options -Itemize below -Attach additional sheet(s) if necessary -Include Option Code in description if applicable. (Note: Published Options al•e options which were submitted and priced in Contractor's bid.) Description ~ Cost Description ~ Cost ENGINE COOLANT HEATER , 232 , BATTERY PAD HEATER , 288 , 12V DC BATTERY CHARGER , 556 , ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Subtotal From Additional Sheet(s): ~ Subtotal B: ~ 1076 C. Unpublished Options -Itemize below /attach additional sheet(s) if necessary. (Note: Unpublished options are items which were not submitted and priced in Contractor's bid.) Description ' Cost Description ' Cost ~ ~ ~ ~ ~ Subtotal From Additional Sheet(s): ~ Subtotal C: ~ 0 Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit ~ For this transaction the percentage is. Price plus Published Options (A+B). ~ 0% D. Other Cost [terns Not Itemized Abo~~e (e.g. Installation, Freight, Deli~~ery, Etc.) Description ~ Cost Description ~ Cost FACTORY FREIGHT TO DENTON TX. , 1660 ~ ~ ~ , Subtotal D: , 1660 E. Total Cost Before Any Applicable Trade-[n I Other Allowances l Discounts (A+B+C+D) , 48981 Quantity Ordered: 1 X Subtotal of A + B + C + D: 48981 = Subtotal E: , 48981 F. H-GAC Fee Calculation (From Current Fee Tables) Subtotal F: i 734.72 G. Trade-Ins /Other Allowances l Special Discounts Description ~ Cost Description ~ Cost ~ ~ ~ ~ ~ ~ ~ ~ Subtotal G: , 0 Delivery Date: ~ 4 TO 6 WEEKS H. Total Purchase Price (E+F+G): 49,715.72 i i CONTRACT PRICING WORKSHEET Contract ~ Date For Standard E ui ment Purchases No.: ~ GE02-08 . , 5/27/2009 q p ~ Prepared. , Tlzis Forr~z r~zust be prep~rred by Coyztr~rcto~, ~r~zd provir~er~ to E»rl Uses to att~rcll to Purclzrrse Orr~er, witll copy to H-GAC.. The H-GAC ~rclministr~r~tive fee s11~r11 be c~rlclsl~rterl ~rnrl show~i r~s ~r sep~rr~r~te line ite~~. Please type or pr~i»t legif~ly. Buying iCITY OF DENTON Contractor: ,Volvo Const. Eq.&Services formerly Ingersoll Rand Co Agency: Contact ~ Prepared ~ MIKE ELLIS DAN JONES Person: ~ By: ~ Phone: X940-349-8424 Phone: X713-681-9221 ~ ~ ~ ~ Fax: ~ Fax: X713-681-7448 Email: ;mike.ellis(a~cityofdenton.com Email: ;dan.jones(a~vicesvolvo.com Product ~ DB10 Description: ~ INGERSOLL RAND MODEL G240 TRAILER MOUNTED GENERATOR Code: , , A. Product Item Base Unit Price Per Contractor's H-GAC Contract: 57945 B. Published Options -Itemize below -Attach additional sheet(s) if necessary -Include Option Code in description if applicable. (Note: Published Options al•e options which were submitted and priced in Contractor's bid.) Description ~ Cost Description ~ Cost ENGINE COOLANT HEATER , 232 , BATTERY PAD HEATER , 288 , 12V DC BATTERY CHARGER , 556 , ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Subtotal From Additional Sheet(s): ~ Subtotal B: ~ 1076 C. Unpublished Options -Itemize below /attach additional sheet(s) if necessary. (Note: Unpublished options are items which were not submitted and priced in Contractor's bid.) Description ' Cost Description ' Cost ~ ~ ~ ~ ~ Subtotal From Additional Sheet(s): ~ Subtotal C: ~ 0 Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit ~ For this transaction the percentage is. Price plus Published Options (A+B). ~ 0% D. Other Cost [terns Not Itemized Abo~~e (e.g. Installation, Freight, Deli~~ery, Etc.) Description ~ Cost Description ~ Cost FACTORY FREIGHT TO DENTON TX. , 1727 ~ ~ ~ , Subtotal D: , 1727 E. Total Cost Before Any Applicable Trade-[n I Other Allowances l Discounts (A+B+C+D) , 60748 Quantity Ordered: 1 X Subtotal of A + B + C + D: 60748 = Subtotal E: , 60748 F. H-GAC Fee Calculation (From Current Fee Tables) Subtotal F: i 911.22 G. Trade-Ins /Other Allowances l Special Discounts Description ~ Cost Description ~ Cost ~ ~ ~ ~ ~ ~ ~ ~ Subtotal G: , 0 Delivery Date: ~ 4 TO 6 WEEKS H. Total Purchase Price (E+F+G); 61659.22 ORDINANCE N0. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER THROUGH THE HOUSTON- GALVESTON AREA COUNCIL (H-GAC) FOR THE ACQUISITION OF TWO TRAILER MOUNTED GENERATORS FOR DENTON MUNICIPAL ELECTRIC BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE 4354-INTERLOCAL AGREEMENT FOR THE PURCHASE OF TWO TRAILER MOUNTED GENERATORS FOR DENTON MUNICIPAL ELECTRIC AWARDED TO VOLVO CONSTRUCTION EQUIPMENT AND SERVICES IN THE AMOUNT OF $111,374.94). WHEREAS, pursuant to Ordinance 95-107, the Houston-Galveston Area Council of Government (H-GAC) has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies, or services can be purchased by the City through the Houston-Galveston Area Council of Government (H-GAC) programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies, or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered file for materials, equipment, supplies, or services, are hereby approved. FILE NUMBER VENDOR AMOUNT 4354 Volvo Construction Equipment and Services $111,374.94 SECTION 2. By the acceptance and approval of the above numbered items set forth in the referenced file, the City accepts the offer of the persons submitting the bids to the H-GAC for such items and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the H-GAC, and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by H-GAC, the City Manager or his designated representative is hereby authorized to execute the written contract; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to H-GAC, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval of the above enumerated items, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2009. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER VVALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY r r= 5 BY: 3-ORD-File 4354 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 July 13, 2009 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6 present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on 7 Monday, July 13, 2009 at 9:00 a.m. in the Service Center Training Room, City of Denton 8 Service Center, 901-A Texas Street, Denton, Texas. 9 10 Present: Chair Dick Smith, Phil Gallivan, John Baines, Randy Robinson and Bill Grubbs 11 12 Ex Officio Members: 13 George C. Campbell, City Manager 14 Howard Martin, ACM/Utilities 15 16 Absent: Bill Cheek, excused 17 18 OPEN MEETING: 19 20 CONSENT AGENDA: 21 The Public Utilities Board has received background information, staff's recommendations, and 22 has had an opportunity to raise questions regarding these items prior to consideration. 23 24 25 ITEMS FOR INDIVIDUAL CONSIDERATION: 26 27 6) Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his 28 designee to execute a purchase order through the Houston-Galveston Area Council (H-GAC) 29 for the acquisition of two trailer mounted generators for Denton Municipal Electric by way of 30 an Interlocal Agreement with the City of Denton; and providing an effective date (File 4354- 31 Interlocal Agreement for the purchase of two trailer mounted generators for Denton 32 Municipal Electric awarded to Volvo Construction Equipment and Services in the amount of 33 $111,374.94. 34 3 5 Board Member Bill Grubbs asked if these generators were replacements or if these are new 36 purchases. 37 3 8 Jeff Morris, Operations Division Manager, stated that the electric department did not have any 39 mobile generators and that current NERC compliance states that DME must have the capabilities 40 to run water and wastewater plants and some facilities such as City Hall East. Morris stated it is 41 somewhat redundant but the city must have a backup for the backup. Morris stated that if there 42 is a catastrophic event, DME has the capability to run a small hotel. Morris then stated that in 43 the aftermath of Hurricane Ike some twenty to twenty-five generators sent to some Texas towns 44 and it is important that Denton have generators to share in emergency situations. Should there be 45 a maj or disaster in the City DME can has the ability to have twenty to fifty generators roll in 46 within a matter of 24 hours time to bring facilities on line. Staff believes that DME needs to do 47 its part and, if asked, DME could provide assistance to other cities. Morris added that this item 48 is in the current budget. 49 Draft Minutes of the Public Utilities Board meeting July 13, 2009 Page 2 of 2 1 Board Member Phil Gallivan asked if other city departments had generators which were shared. 2 Morris replied that the Wastewater department has shared with DME; and that one of its 3 generators was taken to Liberty, Texas and was used to power up a hotel. 4 5 ACM Martin stated that currently the city is operating about 34 remote lift stations around town 6 and if several of those go down, it is conceivable that three or four generators will be needed to 7 operate those remote facilities. 8 9 Board Member Bill Grubbs moved to approve Item 6 with a second from Board Member 10 John Baines. The motion was approved by a 5-0 vote. 11 12 The meeting was adjourned by consensus at 10:03 a.m. 13 14 AGENDA INFORMATION SHEET AGENDA DATE: July 21, 2009 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Keith Gabbard 349-7144 ACM: Jon Fortune 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 Cem-Lime from TXI, which is available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements of competitive bidding; and providing an effective date (File 4353-Purchase ofCem-Lime for Street Department in the unit price amount of $140/dry ton for an annual estimated amount of $200,000). FILE INFORMATION This item will be used by the Street Department to modify or stabilize the subgrade of streets to improve constructability. Cem-Lime, a product combination of lime and cement, provides strength, durability, and more resistance to water when compared to typical hydrated lime. Lime works well to bring the plasticity index (PI) of the soil to workable levels. The cement produces the strength necessary to bind particles together to provide a stronger sub-base with better waterproofing characteristics. This product is more suitable for soil types found in the Denton area. This additional lime content adds calcium hydroxide, the primary compound responsible for lowering the plasticity index of clay soils found in North Texas. 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. TXI is the only known source of this product and therefore this is considered a sole source acquisition. RECOMMENDATION Award to TXI in the unit price amount of $140/dry ton for an annual estimated amount of $200,000. PRINCIPAL PLACE OF BUSINESS TXI Dallas, TX Agenda Information Sheet July 21, 2009 Page 2 ESTIMATED SCHEDULE OF PROJECT This item can be delivered and installed within two days of receipt of an order. FISCAL INFORMATION This item will be charged to the individual project account as street surfacing projects are scheduled. EXHIBITS Exhibit l :Quote/Sole Source Letter from TXI Respectfully submitted: . 1 Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-File 4353 Exhibit 1 1341 West Mockingbird Lane • Dallas, Texas 75247 ' 972.647.6700 Fax 97Z.b41.3964 • www.txi.com E- LIME June 25, 20x9 City of Denton 901 B Texas Street Denton, TX 76209 Attn: Karen Smith TXI Operations, LP has a product called Cem-Lime which is a cementitious product. This product is produced at our cement mill located in Midlothian, Texas and is available in a dry powder form. At significant cost to itself, TXI has developed the processes and components necessary to manufacture Ce~n-Lime through internal experimentation, expertise and inventiveness. However, because of the proprietary nature of the Cem-Lime product and manufacturing processes, TXI believes that it is the sole supplier that can provide you with Cem-Lime. Cem-Lime price to the City of Denton is $140 per dry ton delivered and spread. This price is valid through July 1, 2010. If you have any questions or need more information, please contact me at 972-647-6739, Sincerely, Allen Ferguson North Texas Cement & Aggregates Senior Sales Executive X972} 647-6739 CC: Bi11 Murdock ORDINANCE N0. AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR, AUTHORIZING, AND APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF CEM-LIME FROM TXI, WHICH IS AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PERTINENT PROVISIONS OF CHAPTER 252 OF THE TEXAS LOCAL GOVERNMENT CODE EXEMPTING SUCH PURCHASES FROM THE REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (FILE 43 53 -PURCHASE OF CEM-LIME FOR STREET DEPARTMENT IN THE UNIT PRICE AMOUNT OF $140/DRY TON FOR AN ANNUAL ESTIMATED AMOUNT OF $200,000). 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; 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 described in the "File" listed hereon, and on file in the office of the Purchasing Agent, and the license terms attached are hereby approved: FILE NUMBER VENDOR AMOUNT 4353 TXI $140/dry ton SECTION 2. 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 3. 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 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2009. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 3-ORD-File 4353 This page left blank intentionally. MEETING MINUTES CITY OF DENTON CITY COUNCIL June 8, 2009 After determining that a quorum was present, Mayor Mark Burroughs opened the meeting of the City Council of the City of Denton, Texas, Special Called Session on Monday, June 8, 2009 at 11:00 a.m. at the San Marcos Convention Center, located at 3101 I-35, San Marcos, Texas. The following City Council Members were present: Mayor Mark Burroughs Council member Charlye Heggins Council member Dalton Gregory Council member Jim Engelbrecht City of Denton staff in attendance: City Manager George Campbell Assistant City Manager Jon Fortune Director of Economic Development Linda Ratliff The following items were considered: Tom Pugh, General Manager of the San Marcos Embassy Suites Hotel and Conference Center provided a tour of the conference center and hotel facilities. The tour included meeting rooms, kitchens, restaurants, ballrooms and other facilities. Lunch was provided at 12:00 p.m. At 1:05 p.m. San Marcos Mayor Susan Narvaiz, Council member Fred Terry, and City Manager Rick Menchaca, discussed their experience with the John Q. Hammons Company and the City's experience in constructing the conference center. The meeting was adjourned at 2:18 p.m. by Mayor Mark Burroughs. Mark A. Burroughs, Mayor City of Denton, Texas Linda Ratliff, Director of Economic Development City of Denton, Texas AGENDA CITY OF DENTON CITY COUNCIL June 9, 2009 After determining that a quorum was present, the City Council of the City of Denton, Texas convened in 2nd Tuesday Session on Tuesday, June 9, 2009 at 4:05 p.m. in the City Council Work Session Room at City Hall. PRESENT: Mayor Burroughs; Mayor Pro Tem Kamp; Council Members Engelbrecht, Gregory, Heggins, Mulroy, and Watts. ABSENT : None 1. The Council received a report, held a discussion and provided staff direction regarding the Downtown Denton Transit Center concept, planning process, and project schedule. Mark Nelson, Director of Transportation Operations, briefed the Council on the status of the Downtown Transit Center project. Nelson stated that this was a grand funded proj ect through the Federal Transit Administration providing 80 percent of the funding and the remaining local match of 20 percent provided by DCTA. He stated that the discretionary grant was requested through Congressman Burgess and awarded in December 2004. In 2008, the City entered into an interlocal agreement with DCTA for the construction and purchase of the transit center. Through the interlocal agreement, DCTA would provide 50% of the local match up front and the remaining 50% at the completion of the construction phase. The final payment would allow transfer of the asset to DCTA. Nelson stated that the City entered into a contract with Jacobs Carter Burgess for engineering and design services for the proposed transit center. In 2008, JCB presented a number of transit center concepts to the City and DCTA. The current design concept was based on historical elements visually linking the proposed transit center to the Courthouse on the Square and design features incorporating architectural components similar to the original Denton passenger rail depot. A public hearing on the final design was expected in August. Council discussed different design aspects of the plans presented. Council Member Engelbrecht expressed concerns regarding adequate wind protection for passengers. Nelson stated that the project was scheduled as follows: Construction phase -Fall 2009, Completion -June 2010, Initiate bus operations -July 2010, Initiate rail service -December 2010. Nelson advised the Council that the Downtown Denton Implementation Plan would be initiated in August 2009 with a target completion of Spring 2010. He also stated that the Hickory Street Corridor Improvement Project was a congressional priority request for FY 2010 and a NCTCOG proj ect call for October 2009. Nelson advised that the project also included a City Hall East parking lot project to restore parking inventory for City Hall East due to reduced capacity anticipated by the construction of the proposed transit center. City of Denton City Council Minutes June 9, 2009 Page 2 Council Member Gregory noted that the design phase was about three months behind schedule. Final design was originally targeted for May 1 and now it would be August 1. Nelson stated that the design had taken longer than expected but final plans were expected in August. He said they still anticipated a completion date of June 2010. Nelson stated that the transit center facility would include an indoor passenger waiting area, public restrooms, bus platform, passenger shelter and windbreakers. In addition, the facility would also house the DCTA Operations offices and provide approximately 40 parking spaces. 2. The Council received a report, held a discussion and gave staff direction regarding the responses to the recommendations made by Matrix Consulting Group on the Water/Wastewater/ Engineering Management Study. Jim Coulter, Director of Water Utilities, briefed the council on key items of the study. • Recommendation to review current practices related to landscape maintenance and parts/tools inventory and make appropriate work practice modifications. Coulter stated that the security of Denton's drinking water could be compromised if the landscaping tasks were to be outsourced. Normally, landscape contractors would have keys to the facilities they were maintaining to accommodate their schedules. There was a high risk that these keys could be compromised. He stated that parts/tools inventory control would be added to the existing computerized maintenance management system as a part of the improvements being made to the system. • Recommendation to implement annual commercial meter testing. Coulter stated that staff had accelerated the commercial water meter testing program to an annual testing program. Staff planned on comparing the meter testing data with testing data for the two- year program to see if the acceleration was beneficial and cost effective. The two-year large meter calibration/repair program test data suggested there would be minimal improvements to large metering accuracies by accelerating the testing interval from 2 year cycles down to one year cycles. • Recommendation to evaluate and consider enhancing the level of street sweeping service. Coulter stated that the cost to implement the additional service was approximately $165,000 annually. The increased service was not economically feasible at this time as it would require either an increase in the drainage fee or a reduction of resources in other drainage programs. • Recommendation to evaluate drainage fee charges on a regular basis and make recommendations for potential revision to the Public Utility Board and City Council. Coulter stated that staff could continue to monitor the drainage fees charged by other cities and would determine if rate increases should be considered during the annual budget process. City of Denton City Council Minutes June 9, 2009 Page 3 • Recommendation to use the American Society of Civil Engineers and Association of Professional Engineers and Geoscientists workload guidelines to develop engineering and inspection staffing estimates for various CIP projects and implement some additional project management best practices in Engineering. Coulter stated that the use of generalized percentages for project staffing derived from national statistics was not particularly useful. Staff could do a better job through budgeting and resource scheduling and was currently taking steps to accomplish these items for CIP projects. • Recommendation to re-visit and re-calculate the internal engineering "billing rate" composed of a labor multiplier for both engineering's proj ect-based and general services tasks. Coulter stated that staff agreed with this recommendation and would review during the annual budget process. • Recommendation to identify impediments to LIMS implementation and develop a new project schedule for full implementation within six months. Coulter stated that basic implementation would be complete within the six-month period and improvements would be ongoing. • Recommendation to add one Field Service Supervisor to Wastewater Collections. Coulter stated that one supervisor position had been added in the FY 2009 budget. Due to funding constraints this position was being funded for 50 percent of the budget year. Staff would continue to monitor the workload and budget position as needed. • Recommendation that the span of control for the Director was too broad. Coulter stated that environmental mandates and issues had increased and were currently a priority. Staff would be recommending that the Manager of Environmental Quality be changed to Director of Environmental Quality. • Recommendation that in water and wastewater operations, implement a comprehensive computerized maintenance management system, a revision of existing computerized systems or a new consolidated technology product. Recommendation to form an ad hoc committee to develop a comprehensive Information Technology Strategic Plan within the utility. Coulter stated that Technology Services was currently evaluating citywide needs for addressing this issue. Staff would participate in the evaluation and determine a course of action. Current budget concerns suggested that implementation of these initiatives might be limited to availability of resources. Kamp motioned, Heggins seconded that the following item was a public power matter and therefore was a closed session item. On roll vote, Engelbrecht "aye", Gregory "aye", Heggins "aye", Kamp "aye", Mulroy "aye", Watts "aye", and Mayor Burroughs "aye". Motion carried unanimous y. City of Denton City Council Minutes June 9, 2009 Page 4 The City Council convened in a Closed Meeting at 5:15 p.m. 1. Closed Meeting: A. Deliberations regarding certain public power utilities: competitive matters - Under Texas Government Code Section 551.086. 1. The Council received a draft response and discussed the DME Management Study of Utility recently performed by Navigant Consulting; and discussed, deliberated, considered, and provided Staff with direction regar ing suc matters. With no further business, the meeting was adjourned at 5:31 p.m. MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS JANE RICHARDSON ASSISTANT CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES June 16, 2009 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, June 16, 2009 at 3:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Burroughs; Mayor Pro Tem Kamp; Council Members Engelbrecht, Gregory, Heggins, Mulroy, and Watts. ABSENT : None 1. Staff responded to requests for clarification of agenda items listed on the agenda for June 16, 2009. Mayor Burroughs noted that information concerning Consent Agenda Item 3A, the census count, needed to be publicized and that he would pull the item for separate consideration. 2. The Council received a report, held a discussion and gave staff direction regarding proposed amendments to the Rayzor Ranch Sign District, Landscaping Plan, and Architectural Details relative to the area north of Hwy. 380 of the approximately 410 acres of land, generally located on both sides of West University Drive/U.S. Highway 380, and being generally located between IH-35 and Bonnie Brae Street. (Z06-0029, Z06-0030 and SD07-0001) Chuck Russell, Planning Manager, stated that the purpose of the discussion was to review the architectural guidelines of the project, the landscaping and special sign district. These will be considered at a public hearing on July 21St Architecture Guidelines -There was an existing concept plan with guidelines approved for areas noted as RR3 and a fueling station under consideration for the area noted as RR2. Staff and the developer were happy with these guidelines giving the development a "hill country" type of theme. The guidelines also approved the color palate and materials to be used for construction. The Wal-Mart had a new permit application with a new elevation and made all of the changes requested by staff to keep with the initial theme. The Sam's to be built next to the Wal-Mart will not be changed. The US 3 80 frontage stores will use the same architectural theme as the big boxes. The out parcels at the main entrance on US 380 will mirror the big box guidelines. Landscapes -The applicant had prepared a detailed landscape plan and revised standards for the area north of US 3 80. It included some deviations from the Denton Development Code; however, it exceeded current Code requirements in several aspects. The detailed landscape plan now showed where the landscaping would be located on the site plan. An 8 foot masonry wall with landscaping along the back portion of the property would be included. Overall, the landscaping was consistent with the requirements of the ordinance. In terms of the big boxes, the landscaping would be installed last. 80% of the certificate of occupancy would be issued before the landscaping was required. That would settle all of the landscaping at one time instead tearing it up when building. Council Member Watts asked if there was a time limit for planting. Russell replied that there was no end cap at this time and it was not part of what the Planning and Zoning Commission recommended. City of Denton City Council Minutes June 16, 2009 Page 2 Special Si n District - On June 17, 2008, Council approved the framework for the special sign district with the understanding that specific sign locations, dimensions and design guidelines would be brought forward for consideration at a later date. In December 2008, Council approved the location and design of four detached multi-tenant pylon signs for the northern tract. The applicant was now requesting to complete the standards, locations and design of the remaining signs for the northern tract. The applicant was proposing to add or amend the sign definitions of the Code to tailor them for Rayzor Ranch. Council Member Gregory asked if these proposals were changes or more of a filling in the details nature. Russell felt that for this meeting, it was more of a fill in the blank nature. Council Member Mulroy requested an economic equation to any proposed changes. He wanted to stay tethered to the basic concept. Council Member Watts felt that staff and Council needed to note that amendments to the proposal would affect the time of completion for construction. He asked about the completion of the big boxes. Charles Hodges, Rayzor Ranch, stated that they were three months behind on the reconstruction of US 3 80 with an anticipated completion date in late November, early December. They were about ready to start paving and would probably pull the permits for Wal-Mart and Sam's in July. 3. The Council received a report, held a discussion, and gave staff direction regarding the re-establishment of Council Committees with a standard resolution which outlines the duties and purpose of each committee, establishes membership and chairmanship of each committee, and provides for ex-officio members. City Manager Campbell stated staff had started a process to draft a manual for Council to use to consolidate a number of policies, rules and information regarding council committees into one document reference guide for various committees, etc. There were a number of inconsistencies with how the council committees were created, the number of members, etc. The proposed resolution re-established all existing council committees except the Agenda Committee and Investment Committee to include three members. It outlined the duties and purpose for each committee, established membership and chairmanship selection of each committee, provided for ex-officio members, and effectively repealed previous resolutions establishing city council committees. The Investment Committee would be rolled into the Audit/Finance Committee. The Agenda Committee was addressed in the Council's Rules of Procedure. The proposed resolution would (1) re-establish the Audit/Finance Committee with three members and dissolve the Investment Committee rolling the duties of the Investment Committee into the Audit/Finance Committee; (2) re-establish the Committee on the Environment with three council representatives; (3) re-establish the Council Appointee Performance Review Committee with three council members; (4) re-establish the Ethics Committee with three council members and repealed the current ordinance; (5) establish the Hotel Occupancy Tax Fund committee with three council members; and (6) re-establish the Mobility Committee with three council members. City of Denton City Council Minutes June 16, 2009 Page 3 Ex-officio members -some of the enabling legislation mentioned ex-officio staff members. Council had been provided an alternate resolution which eliminated any ex-officio members that were staff members. It was his suggestion that Council adopt the resolution that eliminated any ex-officio members that were staff members as these were council committees. Campbell noted that the Investment Committee would be dissolved and that the duties of the Audit/Finance Committee would include assisting the Council with internal audit functions as needed or directed by the Council. Next ste s - In July staff will bring forward proposed amendments to the Council's Rules of Procedure which would be housekeeping in nature and would reflect any changes resulting from the proposed new committee resolution. Once the Rules of Procedure were updated and approved, the draft manual would be brought forward for Council's consideration and adoption y reso ution. Mayor Burroughs stated that currently the Audit/Finance Committee required the Mayor to be a member. One proposed change was to eliminate that requirement. Mayor Pro Tem Kamp stated that if there were no specific ex-officio members from city staff, a committee could at any time request to have someone there. She had a concern particularly with regard to the Ethics Committee. City Manager Campbell stated that no council committee would meet without an appropriate staff member present. 4. The Council received a report, held a discussion and gave staff direction regarding nominations/appointments to the City's boards and commissions. Jennifer Walters, City Secretary, stated that Council was receiving the Board/Commission notebooks at this meeting. The notebooks contained information concerning vacancies, term limits, members willing to be considered for reappointment, attendance and new applications received. She asked the Council to use the next three weeks to contact individuals they wished to nominate and provide her with the name, address and phone numbers of those individuals. A list would be compiled for Council consideration at the July 21St work session with formal approval at the regular meeting on July 21St 5. The Council received a report, held a discussion and gave staff direction regarding a proposed contract amendment between the City of Denton and the Greater Denton Arts Council. The Mayor left the meeting with conflict of interest. Bryan Langley, Director of Finance, stated that the City entered into an agreement with the GDAC in 1990 for the Denton Campus Theatre facility. The agreement provided for annual funding to GDAC and DCT for electric, gas and water utilities and general maintenance. It was intended to promote efficiency in electric and water usage. The contract will terminate on September 30, 2015. In terms of billing calculation, the actual usage of the preceding 2 year period was averaged for funding purposes. The 2-year average set the maximum units allotted to GDAC fora 3-year period for electric and water utilities. The electric and water utilities were City of Denton City Council Minutes June 16, 2009 Page 4 paid monthly through a city utilities billing account. Gas utilities were paid directly by GDAC and reimbursed by the City. Any unused portion of the allotted units was remitted to the GDAC in the form of an annual refund check. The annual funding allocation was approximately $105,000 each year for these costs. The GDAC also received HOT funds of approximately $150,000 each year. The Theatre will be expanding its operations to the Denton Record- Chronicle building within 3-4 months. It was requesting that the City extend utilities and maintenance funding to the new facility. Funding for the new facility was esteemed at $15,000 per year in addition to what was already funded. Staff was recommending simplifying the contract process and administration by providing a fixed annual amount to GDAC. A set annual fixed amount would be provided for the CVA and DCT facilities and a separate set annual fixed amount for new DCT facility. If directed by Council to proceed with the amendments, staff would work with GDAC to establish a mutually agreeable annual allotment. Council Member Watts questioned what energy saving conservation measures were in place at the DRC building. Council Member Mulroy asked for a projection of what the utility rate could be at the building and with improvements, what it could be. He asked staff to get those figures from Utilities. Mike Barrow, DCT Managing Director, stated that the Denton Record-Chronicle facility would provide new multipurpose space for the theatre and other arts groups in Denton. Rehearsals, Denton Theater School, a black box theatre and storage were among the uses for the new space. He indicated that since becoming Managing Director, he had done an energy audit and tried to follow it as much as possible. The overage money went into a contingency fund for upkeep of the Campus Theatre. The new facility would be located in the heart of the arts corridor and would be a perfect addition to the arts. Council Member Gregory asked if this would be private property deeded to them. Barrow stated no that this would be a long term lease for the use of the building. Council Member Engelbrecht asked if there would be separate utilities from the main DRC building. Barrow rep le correct. Consensus of the Council was to proceed with the staff recommendation. Mayor Burroughs returned to the meeting. Following the completion of the Work Session, the City Council convened in a Closed Meeting at 5:00 p.m. to consider the specific items listed below under the Closed Meeting section of this agenda. 1. Closed Meeting: City of Denton City Council Minutes June 16, 2009 Page 5 A. Consultation with Attorneys -Under Texas Government Code Section 551.071. 1. Received information from and a consultation with the City's attorneys regarding the status of two of the pending TMPA-related cases which include: Texas Municipal Power Agenc~~, an, et al, Cause No. 28,169, in the 506th Judicial District Court in and for Grimes County, Texas, and Ex Parte Texas Municipal Power A e~ncy, Cause No. D-1-GN- 08-003426, in the 250th Judicial District Court in and for Travis County, Texas; discuss, deliberate, and provide direction to the attorneys and staff regarding such litigation. A public discussion of these legal matters would conflict with the duty of the City's Attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. B. Deliberations regarding Personnel Matters -Under Texas Government Code Section 551.074. 1. Deliberated the nomination and appointment of a Board Member to the Board of Texas Municipal Power Agency, a Joint Powers Agency. C. Deliberations regarding Real Property -Under Texas Government Code Section 551.072; Consultation with Attorney -Under Texas Government Code Section 551.071. 1. Discussed, deliberated and received information from staff and provided staff with direction pertaining to the grant of an easement for the construction, maintenance and operation of a rail line within the Denton Rail Corridor to the Denton County Transportation Authority (DCTA), the limits of said corridor being all that certain lot, tract or parcel of land described in that certain Quitclaim Deed from Missouri Pacific Railroad Company to the City of Denton, Texas dated August 9,1993, and filed on August 24, 1993, as Clerk No 93-R0058485 in the Real Property Records of Denton County, Texas; and also being that same property described in that certain Correction Quitclaim Deed, dated June 1, 2001 and filed for record in the Real Property Records of Denton County, Texas as Volume 4857, Page 020211 where such deliberation in an open meeting would have a detrimental effect on the position of the City Council in negotiations with DCTA. Consultation with the City's attorneys regarding legal issues associated with the granting of said easement above described where a public discussion of these legal matters would clearly 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. D. Consultation with Attorney -Under Texas Government Code Section 551.071. 1. Deliberated and discussed with City attorneys the course of action regarding contract matters involving an Advanced Funding Agreement City of Denton City Council Minutes June 16, 2009 Page 6 with the State of Texas for the receipt and use of funds from the SH 121 subaccount for the construction of various roadway projects in the City of Denton. Regular Meeting of the City of Denton City Council on Tuesday, June 16, 2009 at 6:30 p.m. in the Council Chambers at City Hall. 1. PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag 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. Presentation of the Government Finance Officers Association - Distinguished Budget Presentation Award and recognition of staff members. Bryan Langley, Director of Finance, presented the award to the Council. He noted that this was the 22nd year in a row for the award. He also recognized the staff involved in the budget process. 2. July is Recreation and Parks Month Proclamation. Mayor Burroughs presented the proclamation to Emerson Vorel, Director of Parks and Recreation. 3. The Church of Jesus Christ of Latter-day Saints Day Proclamation. Mayor Burroughs presented the proclamation to Mr. Martino for its Jubilee Year. 4. Letter of Appreciation to the City of Denton Fire Department from the Jacksboro Fire Department and other jurisdictions regarding the Montague/Jack County wild fires. Chief Ross Chadwick read the letter of appreciation from the Jacksboro Fire Department and a commendation from Governor Perry. 3. CONSENT AGENDA Mayor Prom Tem Kamp asked that Consent Agenda Item L be pulled from consideration. The item would be considered at a special called meeting on June 23rd. City of Denton City Council Minutes June 16, 2009 Page 7 Council Member Mulroy asked that Consent Agenda Item A be pulled for individual consideration. Mulroy motioned, Heggins seconded to adopt the Consent Agenda and accompanying ordinances and resolutions with the exception of Items A and L. On roll vote, Engelbrecht "aye", Gregory "aye", Heggins "aye", Kamp "aye", Mulroy "aye", Watts "aye", and Mayor Burroughs "aye". Motion carried unanimously. Council Member Watts asked about the amendments to Item C. City Attorney Burgess stated as passed the red line changes were accepted with additional language by the City Manager. Item A was considered. Michelle Cunningham, Business Development Officer, stated that Denton had been asked to join with other organizations to participate in the Census 2010 count which will begin in March. The census was important because state and federal funding was dependent on census information. A community committee would be developed to get the word out regarding the census information. Mayor Burroughs stated that he wanted to call special attention to the census. Many items from the state and federal level were dependent on census information. There was a great need to get residents counted. A critical point was that information provided to the Census Bureau was private and not used for any other purpose. All residents were encouraged to complete the census form. If the form was not completed, the residents would receive a visit from a census worker to get the information. Gregory motioned, Mulroy seconded to approve the resolution. On roll vote, Engelbrecht "aye", Gregory "aye", Heggins "aye", Kamp "aye", Mulroy "aye", Watts "aye", and Mayor Burroughs "aye". Motion carried unanimously. A. R2009-014 - A resolution of the City Council of the City of Denton, Texas affirming partnership support of the 2010 Census and providing an effective date. B. 2009-137 - An ordinance rescinding Ordinance No. 2004-255 establishing a standing committee of the City Council of the City of Denton, Texas for the Ethics Committee. C. R2009-015 - A resolution re-establishing a standing committee of the city council of the City of Denton, Texas to be known as the Audit/Finance Committee and assigning it additional duties; dissolving the Investment Committee; rescinding Resolution No. R2006-013, R2006-026, and Section V. of the attachment to Resolution No. R2008-009; further, re-establishing a standing committee of the City Council of the City of Denton, Texas for the City Council to be known as the Appointee Performance Review Committee; rescinding Resolution No. R2007- 043; further re-establishing a standing committee of the City Council of the City of Denton, Texas for the City Council to be known as the City Council Committee on the Environment; rescinding Resolution No. R2005-040; further, City of Denton City Council Minutes June 16, 2009 Page 8 re-establishing a standing committee of the City Council of the City of Denton, Texas for the City Council Ethics Committee; further, establishing a standing committee of the City Council of the City of Denton, Texas for the City Council Hotel Occupancy Tax (HOT) Committee; further, re-establishing a standing committee of the City Council of the City of Denton, Texas for the City Council Mobility Committee; rescinding Resolution No. R2005-041. D. R2009-016 - A resolution nominating a member to the Board of Managers of the Denco Area 9-1-1 District; and declaring an effective date. E. 2009-13 8 - An ordinance of the City of Denton, Texas, approving the 2010 Budget of the Denton Central Appraisal District, and providing an effective date. F. 2009-139 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of various sizes of underground distribution cable for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid 4301-Annual Contract for Underground Electric Distribution Cables awarded to the lowest responsible bidder meeting specification for each item in the annual estimated amount of $1,500,000). G. 2009-140 - An ordinance of the City of Denton, Texas authorizing the City Manager to execute a professional services agreement for design and engineering services relating to the Pecan Creek Tributary PEC-4 Drainage Improvements Phases 1 and 2 for the City of Denton Engineering Department; providing for the expenditure of funds therefor; and providing an effective date (File 4308-awarded to Freese and Nichols, Inc., in an amount not-to-exceed $301,545). The Public Utilities Board recommended approval (4-0). H. 2009-141 - An ordinance accepting competitive bids and awarding a public works contract for the construction of a concrete lined drainage channel on Cooper Creek; 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 $142,201.50). I. 2009-142 - An ordinance of the City of Denton, Texas, amending the fiscal year 2008-2009 Budget and Annual Program of Services of the City of Denton to allow for an adjustment to the public, education and government (PEG) fund of two hundred thousand dollars ($200,000) to provide for costs associated with Denton Television (DTV) renovations and modifications in both the Council Chambers and the Work Session Room; declaring a municipal purpose; providing a severability clause, an open meetings clause, and an effective date. J. 2009-143 - An ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for software for an Agenda Management System for the broadcasting of City of Denton City Council and Planning and Zoning Commission meetings, from Granicus, Inc. which is available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements City of Denton City Council Minutes June 16, 2009 Page 9 of competitive bidding; and providing an effective date (File 4331-Software for Agenda Management System in an amount not to exceed $89,712.97). K. 2009-144 - An ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the installation of Agenda Management System software, replacement of cameras and refurbishing of audio and video equipment for the City of Denton City Council and Planning and Zoning Commission meetings from Rushworks Technology Solutions which is available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements of competitive bidding; and providing an effective date (File 4332-Installation of Software, Replacement of Cameras and Refurbishing of Existing Audio and Video Equipment in an amount not to exceed $82,217). L. 2009-145 - An ordinance of the City of Denton, Texas, authorizing and directing the City Manager to execute an amendment to extend the term of a right of entry and possession, dated March 3, 2009, and extended on May 5, 2009, in favor of the Denton County Transportation Authority (DCTA) authorizing DCTA to enter upon and take possession of certain real property of the City of Denton for the purpose of performing pre-construction actlvlty; and providing an effective date. M. 2009-146 - An ordinance amending Chapter 26 of the Denton Code of Ordinances by adding provisions allowing for waiver of policies requiring connection to wastewater lines when including in annexation service plans; by adding a new Article XI, consisting of two divisions; Division One containing Sections 26-301 through 26-302 pertaining to extension of water and wastewater lines for existing uses; codifying and amending current water and wastewater line extension practices; Division Two containing Sections 26-303 and 26-304, authorizing the City to establish Pro Rata Fees for City extensions of water and wastewater lines; providing for severability; providing for supersedure of prior conflicting ordinances and code provisions; providing a penalty for violations; and declaring an effective date. N. 2009-147 - An ordinance of the City Council of the City of Denton, Texas, approving a grant application from Chi Dao from the Downtown Incentive Grant Program not to exceed $25,000; and providing for an effective date. The Economic Development Partnership Board recommended approval (6-0). 0. Approved a request for an exception to the Noise Ordinance for the purpose of performing live music during The Church of Jesus Christ of Latter-Day Saints Jubilee. The celebration will be held on Friday, July 24th from 6:30 p.m. to 8:00 p.m. on the church property located at 3000 Old North Road. The request is for a variance in decibels (dBs) from 70 for an outdoor concert to 75 dBs. P. Approved the minutes of: May 21, 2009 June 1, 2009 June 2, 2009 City of Denton City Council Minutes June 16, 2009 Page 10 Q. 2009-148 -Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to issue licenses for geophysical testing and survey purposes within municipal streets and municipal lands; and providing an effective date. 4. PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance of the City of Denton, Texas, providing for zoning change from a Neighborhood Residential 3 (NR-3) zoning district classification and use designation to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation with an overlay district, on approximately 15.13 acres of land located west of Stuart Road and approximately 600 feet northwest of the intersection of Windsor Street and Stuart Road; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date (208- 0016, Pine Creek) . The Planning and Zoning Commission recommended approval (4-2) with an overlay district. Mark Cunningham, Director of Planning and Development, stated that the request was to rezone 15.3 acres from NR-3 to NRMU-12 with an overlay district to allow for multifamily dwelling units. The applicant was proposing to construct a new multi-family development consisting of approximately 121, 2-bedroom units. However, the existing zoning of NR-3 did not allow the proposed use. The Development Review Committee recommended denial; however, the Planning and Zoning Commission recommended approved by a 4-2 vote with conditions. Those conditions included (1) uses were limited to residential uses only; (2) the maximum building height would be 33 feet; (3) a 40-foot vegetative buffer would be required abutting the residential subdivision to the west using existing vegetation; (4) the maximum density would be 9 dwelling units per acre if stacked vertically or 8 dwelling units per acre if side by side; (5) the maximum impermeable area would be 50%; (6) the parkway width would be a minimum of 9 feet; and (7) the minimum side yard as measured between buildings would be 30 feet and 15 feet if lots were individually owned. Since the Planning and Zoning Commission meeting, the applicant had requested a more restrictive change to the maximum density condition to 8 dwelling units per acre and buildings would be constructed in a side-by-side arrangement. Notification within 500 feet had been sent to 56 property owners. As of the start of the meeting, 24 responses had been received in opposition which represented 17% of total land area. Council Member Watts asked about the notification process. Some of the area used to compute the land mass was a portion of a lot and some of the land was a green belt area owned by the city. Cunningham stated that there was a walking path owned by the City. Council Member Watts stated that how those land masses were considered might be critical to any percentage in opposition. Jerry Drake, Deputy City Attorney, stated that the area within 200 feet was the critical land mass. City of Denton City Council Minutes June 16, 2009 Page 11 Council Member Watts stated that the lots partially within the 200 feet of the rezoning area would be counted in the area inside 200 feet. He felt it was critical to know if the city-owned piece of property was included. Drake replied that publically owned property could be counted. There was no protest by the City that was counted in the figures. Cunningham stated that the city-owned property was counted as the law did not make a distinction between public and privately owned property. Council Member Mulroy stated that he understood there was no difference between private and publically owned property when calculating the land mass. However, it appeared that no notice was sent to the city and no response from the city. He questioned if this was a defective notice as the city was not noticed and the ramifications of not following procedures in-house. Council Member Mulroy stated that the zoning map indicated NR-6 zoning for fourplexes and duplexes and asked if fourplexes were in accordance with NR-6 zoning. Cunningham stated that the 2002 rezoning applied the NR-6 zoning. The fourplexes were there prior to the 2002 rezoning. NR-6 would not allow the fourplexes and the ones currently there were considered special exceptions. Mayor Burroughs stated that the NR-6 should have been NRMU-12 to be consistent with the current uses. Cunningham stated that the area to the north was city-owned. A notification was sent to the City but no response was received in opposition. Mayor Burroughs asked about the possibility for the city to exclude its own property from the computations. City Attorney Burgess replied that staff would research that possibility. Council Member Engelbrecht noted that if city property were taken out of the computation, there might be a change in who would be notified, etc. Council Member Gregory felt there were two options to consider after the public hearing. One was to postpone and the other option was to table the item to clarify the questions. He felt it was not appropriate for city-owned property to be part of the computation. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Rick Baria, applicant, spoke in favor. Council Member Watts questioned why NR-6 did not contain the zoning Baria needed. City of Denton City Council Minutes June 16, 2009 Page 12 Baria stated that the NR-3 zoning was given to the property during the 2002 rezoning. No homes would be built on that site. Mayor Burroughs asked why no homes would be built on that site. Baria stated that the area was not attractive. The fourplexes and duplexes were too run down to build single family homes there. The Public Hearing speakers continued: Stephen Stone, 6327 Freeman Road, Krum, 76249 -spoke in favor. Brad Andrus, 300 Cove, Shady Shores, 76208 -spoke in favor. Monica Chaffin, 515 Aspen Drive, Denton, 76209 -spoke in opposition. Allison Welch, 3164 Lido Way, Denton, 76207 -spoke in opposition. Comment cards in opposition were received from: Bryan Nichols, 516 Aspen Drive, Denton, 76209 Dana and John O'Brien, 508 Balboa Court, Denton, 76207 Pam Leake, 3222 Huisache, Denton, 76209 Mike Rory, 3407 Cooper Branch East, Denton, 76209 Elaine McKnight, 3131 Lido Way, Denton, 76207 Suzanne Perry-Coomes, 902 Kings Row, Denton, 76209 Anna Braudrick, 3160 Lido Way, Denton, 76207 Wes High, 3164 Lido Way, Denton, 76207 Jenny Williams, 621 Aspen Drive, Denton, 76209 Ashley and Kenny Mason, 528 Aspen Drive, Denton, 76209 Julie Larkey, Larkey Associates Additional speakers included: Ray Leake, 3222 Huisache, Denton, 76209 -opposed plus did not receive notification and lived within 200 feet of flood plain. Connie Stever, 508 Aspen Drive, Denton, 76209 -spoke in opposition Mr. Baria was allowed a five minute rebuttal. He stated that he had more than one meeting with the neighborhood. With his proposal, he would be saving a higher amount of trees than what would be allowed in NR-6. This was a good project for the City because it was a good location for this type of proposal. The Mayor closed the public hearing. Council Member Gregory asked for a clarification on the response percentages. City Attorney Burgess stated that the state statute indicated the percentage for a super majority vote was 20% of the area within 200 feet of the area proposed to be zoned. The land area would include streets and alleys but the statute did not directly address a drainage area. However, another provision was that the notice would be provided as indicated by the most recent municipal tax roll. Property that was owned by the City was not on the tax roll so a notice was not necessary because of that provision. City of Denton City Council Minutes June 16, 2009 Page 13 Council Member Gregory stated that the law did not address green belts or drainage areas but did streets and alleys. Burgess replied correct. There might be other areas that were addressed on other statutes but at this point in time, she could not give a definitive answer. Council Member Watts stated that he was having a problem with the math. There were 19 notices in opposition listed in the backup. At this meeting an additional 5 were received with another handwritten notice from a resident presented during the public hearing. That number could go up to 26 in opposition. Notices were also allowed up until the time of the vote. When he looked at the proposed site plan and overlay restrictions, he felt there were some inconsistencies in the recommendations/conditions. There was also the statement that some of the lots could be individually owned. Watts motioned, Engelbrecht seconded to table the item until such time as there was clarification on the notification and boundaries for the notification. Council Member Engelbrecht also wanted staff to verify whether Mr. Leake should have or did receive notification. Mayor Burroughs questioned if the protest letter delivered at the meeting would be counted if the proposal were tabled. Council Member Mulroy stated that another issue was that the overlay conditions by the Planning and Zoning Commission did not reflect the motion made by the Commission. The motion was retention of large trees, a 33 foot wide street and preservation of natural areas and that was not included in the overlay conditions. He requested clarification of that point. Council Member Gregory felt that there were too many questions at this point and that Council needed to get this right. Cunningham noted that the proposal was not tabled to a date certain but rather would show on future agendas as a tabled item. On roll vote, Engelbrecht "aye", Gregory "aye", Heggins "aye", Kamp "aye", Mulroy "aye", Watts "aye", and Mayor Burroughs "aye". Motion carried unanimously. B. The Council held a public hearing and considered adoption of an ordinance of the City of Denton, Texas, amending Subchapters 6, 12 and 13 of the Denton Development Code (DDC) to clarify standards and regulations regarding Specific Use Permit (SUP) revocation, yard measurements, accessory buildings and structures general regulations, expansion applicability, preservation and mitigation requirements for infill lots, light and glare performance requirements, and site development requirements for residential buildings; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (DCA08-0002, Development Code Amendments) The Planning and Zoning Commission recommended approval (6-0). Mark Cunningham, Director of Planning and Development, presented an update on the clarifications in the proposed ordinance. He stated that the proposed amendments would clarify standards and regulations regarding SUP revocation; architectural projections; accessory City of Denton City Council Minutes June 16, 2009 Page 14 buildings and structures general regulations; expansion applicability; preservation and mitigation requirements for in-fill lots; light and glare performance requirements; and site development requirements for residential buildings. SUP Revocation -the current SUP was tied to the issuance of a building permit; however, not all projects requiring a SUP required an approved building permit. Staff also determined that the time limit of 18 months was inconsistent with other time limits in the DDC such as preliminary plats and final plats which expire 24 months after approval. The revised language would have the SUP expire in 24 months to be consistent with all other time frames in the Code. Architectural Projections -the current language did not address certain types of common architectural projections within minimum setback requirements. The recommendation added language that architectural projects of window sills, bay or box windows, belt courses, cornices, and other projecting architectural features, except for roof overhangs and eaves, would not extend more than 12 inches into the required front, side or rear yard setback. Accessory Buildings and Structures General Re ulations - As currently written, the requirements related to accessory building or structures was ambiguous and resulted in differences in interpretations. The recommendation was to change the language to the combined square footage of the principal structure and accessory structures would not exceed the zoning district maximum lot coverage specified in Subchapter 5. The accessory structures, with the exception of non-residential detached carports, gas station canopies, gas station car wash facilities and security/entry booths, would be prohibited in front or side yards. Accessory structures would be setback a minimum of three feet from all property lines associated with its permitted location. All accessory structures that required a building permit would be architecturally compatible with its associated principal structure and if not architecturally compatible would be screened from view from abutting properties and public rights-of way. Expansion Applicability -this amendment would set a cumulative threshold to the expansion applicability table regarding non-residential expansions. Currently, there was nothing limiting an applicant from expanding an existing building or site development up to the threshold one year and then coming back in future years for additional expansions and not comply with landscaping requirements, etc. The recommendation was that all buildings would be subject to the provisions of the Expansion Applicability Table when the cumulative expansion exceeded the greater of 1,000 square feet or 25% of the building's square footage at the time of original adoption of this Code, or when originally constructed if constructed after February 20, 2002. Preservation and Miti ation Requirements for In-Fill Lots -currently there was an inconsistency between the definition of in-fill lots and Table 35.13.7.A of the Development Code. The recommendation was to remove the lot size of 2.5 acres or greater as those would not be considered an in-fill lot. Light and Glare Performance Requirements -currently there were conflicting lighting requirements when a pedestrian use such as a sidewalk was located along a property line. In addition, the requirement that the light measurement not exceed 1/2 foot-candle illumination at the property line was difficult to achieve on non-residential developments comprised of multiple lots, such as commercial shopping centers where internal property lines adjoined each other. The recommendation would create an exemption for commercial development with multiple lots with pedestrian lots next to the property line. City of Denton City Council Minutes June 16, 2009 Page 15 Site Development Requirements -current language indicated that any garage may not extend beyond the house front. However, most side entry garages extended beyond the house front. The recommendation was that attached front entry garages of residential dwellings may not extend forward of the front building wall and the total width of the garage door(s) would not occupy more than 40% of the total building frontage. This requirement would not apply to attached side entry garages. Front entry garages that were setback at least 30 feet behind the front building wall would be exempted from the 40% maximum limitation. Council Member Engelbrecht asked about the minimum size of an accessory building before a permit was required. Cunningham stated that a building less than 120 square feet did not require a building permit. The Mayor opened public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: N0.2009-148 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SUBCHAPTERS 6, 12 AND 13 OF THE DENTON DEVELOPMENT CODE (DDC) TO CLARIFY STANDARDS AND REGULATIONS REGARDING SPECIFIC USE PERMIT (SUP) REVOCATION, YARD MEASUREMENTS, ACCESSORY BUILDINGS AND STRUCTURES GENERAL REGULATIONS, EXPANSION APPLICABILITY, PRESERVATION AND MITIGATION REQUIREMENTS FOR INFILL LOTS, LIGHT AND GLARE PERFORMANCE REQUIREMENTS, AND SITE DEVELOPMENT REQUIREMENTS FOR RESIDENTIAL BUILDINGS; AND PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (DCA08- 0002, DEVELOPMENT CODE AMENDMENTS) Kamp motioned, Mulroy seconded to adopt the ordinance. On roll vote, Engelbrecht "aye", Gregory "aye", Heggins "aye", Kamp "aye", Mulroy "aye", Watts "aye", and Mayor Burroughs "aye". Motion carried unanimously. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Tabled -Consider adoption of an ordinance of the City of Denton, Texas approving an interlocal cooperation agreement and granting an easement to the DCTA on the Denton Branch Rail Trail for the purpose of building a public commuter rail line; and declaring an effective date. The Mobility Committee recommends approval (3-0). (Tabled from March 3, 2009) This item remained on the table. City of Denton City Council Minutes June 16, 2009 Page 16 B. The Council considered appointing a nominating committee to recommend appointees to serve on the Economic Development Partnership Board. Linda Ratliff, Director of Economic Development, stated that this was the first process in appointing members to the Economic Development Partnership Board. Council Member Heggins nominated Hank Dickenson from the Chamber and Jim Engelbrecht and Pete Kamp from the Council to serve as the nominating committee. On roll vote, Engelbrecht "aye", Gregory "aye", Heggins "aye", Kamp "aye", Mulroy "aye", Watts "aye", and Mayor Burroughs "aye". Motion carried unanimously. C. The Council considered approval of a resolution appointing a member to the Board of Directors of the Texas Municipal Power Agency, a joint powers agency, representing the City of Denton, Texas; and declaring an effective date. The following resolution was considered: N0. R2009-017 A RESOLUTION APPOINTING A MEMBER TO THE BOARD OF DIRECTORS OF THE TEXAS MUNICIPAL POWER AGENCY, A JOINT POWERS AGENCY, REPRESENTING THE CITY OF DENTON, TEXAS; AND DECLARING AN EFFECTIVE DATE. Mulroy motioned, Kamp seconded to approve the resolution appointing Chris Watts to the Board of Directors with an effective date of September 30, 2009. On roll vote, Engelbrecht "aye", Gregory "aye", Heggins "aye", Kamp "aye", Mulroy "aye", Watts "aye", and Mayor Burroughs "aye". Motion carried unanimously. D. Citizen Reports 1. Review of procedures for addressing the City Council. 2. The Council received citizen reports from the following: a. Bob Clifton regarding The Thousand and One Nights as told by Shahrazad as applicable to the Denton city government. Mr. Clifton was not present at the meeting. b. Nell Yeldell regarding high weeds and grass at 518 E. Prairie. Ms. Yeldell was not present at the meeting. c. Robert Donnelly regarding development. Robert Donnelly spoke on developments started in Denton and had problems associated with those developments such as Fry Street, Rayzor Ranch, and LA Fitness. He did not know what Council could do regarding those types of problems but suggested performance bonds to complete the projects. City of Denton City Council Minutes June 16, 2009 Page 17 E. 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. • Council Member Heggins reported on the Juneteenth celebrations during the upcoming wee en . • Mayor Burroughs asked for a work session to consider planned development zoning • Council Member Engelbrecht asked that the reasons for doing away with planned developments be included in the discussion. • Council Member Engelbrecht requested an interpretation of crime statistics in the city. • Council Member Watts requested a closed session update on utility matters with the universities. F. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of the Closed Meeting. G. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Meeting items. With no further business, the meeting was adjourned at 8:43 p.m. MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES June 23, 2009 After determining that a quorum was present, the City Council convened in a Special Called Closed Meeting on Tuesday, June 23, 2009 at 1:00 p.m. in the City Council Work Session Room at City Hall. PRESENT: Mayor Burroughs; Mayor Pro Tem Kamp; Council Members Engelbrecht, Gregory, Heggins, and Watts. ABSENT: Council Member Mulroy Council convened in a Closed Meeting at 1:03 p.m. to consider the following: 1. Closed Meeting: A. Deliberations regarding Real Property -Under Texas Government Code Section 551.072; Consultation with Attorney -Under Texas Government Code Section 551.071. 1. Discussed, deliberated and received information from staff and provided staff with direction pertaining to the grant of an easement for the construction, maintenance and operation of a rail line within the Denton Rail Corridor to the Denton County Transportation Authority (DCTA), the limits of said corridor being all that certain lot, tract or parcel of land described in that certain Quitclaim Deed from Missouri Pacific Railroad Company to the City of Denton, Texas dated August 9,1993, and filed on August 24, 1993, as Clerk No 93-R0058485 in the Real Property Records of Denton County, Texas; and also being that same property described in that certain Correction Quitclaim Deed, dated June 1, 2001 and filed for record in the Real Property Records of Denton County, Texas as Volume 4857, Page 020211 where such deliberation in an open meeting would have a detrimental effect on the position of the City Council in negotiations with DCTA. Consultation with the City's attorneys regarding legal issues associated with the granting of said easement above described where a public discussion of these legal matters would clearly 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. Following the completion of the Closed Meeting, the Council convened in Open Session at 1:30 p.m. to consider the following: 1. Council considered adoption of an ordinance of the City of Denton, Texas, authorizing and directing the City Manager to execute an amendment to expand the scope of activities and extend the term of a right of entry and possession, dated March 3, 2009, and extended on May 5, 2009, in favor of the Denton County Transportation Authority (DCTA) and authorizing DCTA to enter upon and take possession of certain real property of the City of Denton for the purpose of performing activity as described in Attachment "A" hereto; and providing an effective date. Howard Martin, Assistant City Manager, stated that the proposed ordinance would extend the right of entry until September 8, 2009. It also expanded the scope of work for the right of entry City of Denton City Council Minutes June 23, 2009 Page 2 for Phase I of the project. Phase I included Hickory Street to Shady Oaks. The ordinance also included a provision that all applicable permits must be secured in order to proceed with the operations on the property. Due to the size of the project, the inspection fee would be lowered from the usual 3.5% to 2.5% on public improvements maintained by the City of Denton. The following ordinance was considered: N0.2009-149 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO EXPAND THE SCOPE OF ACTIVITIES AND EXTEND THE TERM OF A RIGHT OF ENTRY AND POSSESSION, DATED MARCH 3, 2009, AND EXTENDED ON MAY 5, 2009, IN FAVOR OF THE DENTON COUNTY TRANSPORTATION AUTHORITY (DCTA) AND AUTHORIZING DCTA TO ENTER UPON AND TAKE POSSESSION OF CERTAIN REAL PROPERTY OF THE CITY OF DENTON FOR THE PURPOSE OF PERFORMING ACTIVITY AS DESCRIBED IN ATTACHMENT "A" HERETO; AND PROVIDING AN EFFECTIVE DATE. Kamp motioned, Heggins seconded to adopt the ordinance and accompanying attachments. On ro11 vote, Engelbrecht "aye", Gregory "aye", Heggins "aye", Kamp "aye", Watts "aye", and Mayor Burroughs "aye". Motion carried unanimously. With no further business, the meeting was adjourned at 1:40 p.m. MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS AGENDA INFORMATION SHEET AGENDA DATE: July 21, 2009 DEPARTMENT: Water, Waste Water, and Electric Utilities ACM: Howard Martin, Utilities 349-8232 SUBJECT Consider adoption of an ordinance authorizing the City Manager or his designee to execute an Easement Purchase Agreement between the City of Denton, Texas and Rayzor Investments, Ltd., and any other documents that are necessary to acquire approximate 0.193 and 0.108 acre tracts for utility easements, approximately 0.191 and 0.108 acre tracts for temporary construction easements, and an approximate 0.091 acre tract for electric utility easement, all being located in the Robert Beaumont Survey, Abstract Number 31, tracts 101, and 220 as evidenced by conveyance to Rayzor Investments Ltd. by instrument recorded by Deed in Volume 1796, Page 601, Denton County Deed Records, City of Denton, Denton County, Texas; authorizing the expenditure of funds therefore; and providing an effective date. (US HWY 3 80 Utility Relocation Project and Amherst Electric Upgrade Project). The Public Utilities Board recommends approval (5-0). BACKGROUND This Easement Purchase Agreement effectuates several of the required easement acquisitions for the US 3 80 Utility Relocation Project, and the Amherst Electric Upgrade Project. The US HWY 380 Utility Relocation Project consists of the replacement and relocation of existing water and sewer lines on US HWY 380, in conjunction with the upcoming State Highway expansion of US HWY 380 from Bonnie Brae Street to Elm Street. In addition, the Agreement also includes an easement acquisition for Denton Municipal Electric (DME) as part of the Amherst Electric Upgrade project. This project will provide space for the upgrade or replacement of electric facilities, and allow DME to retire the antiquated existing electric facilities along US HWY 3 80 from Hinkle to George Town Street. Staff has negotiated terms for the acquisition of these easement tracts with the property owner. Staff recommends approval of the Easement Purchase Agreement. OPTIONS 1. Recommend that the City Council approve the proposed Agreement. 2. Not recommend that the City Council approve the proposed Agreement. 3. Table for future consideration. RECOMMENDATION Recommend approval of the Easement Purchase Agreement. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Executive Sessions - US HWY 380 Utility Relocation Easement Acquisitions, Public Utility Board July 15, and City Council August 5, 2008. FISCAL INFORMATION Purchase price $193,600.00 pro-rated between water, waste water, and DME ($90,700.00 $64,844.00, and $38,056.°° respectively.) The closing costs are estimated to be $3,500.°°. The US HWY 380 project is to be funded with utility bond funds, the Amherst Electric Upgrade is funded with DME bond funds. BID INFORMATION None EXHIBITS l .Ordinance 2. Location Map 3. PUB Minutes Respectfully submitted, - Jimmy D. Coulter Director of Water/Wastewater Water Administration Prepared by, - 1 I 1Y I } ~ Ym h li Pamela England Real Estate Specialist ORDINANCE N0.2009- CONSIDER ADOPTION OF AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN EASEMENT PURCHASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND RAYZOR INVESTMENTS, LTD., AND ANY OTHER DOCUMENTS THAT ARE NECESSARY TO ACQUIRE APPROXIMATE 0.193 AND 0.108 ACRE TRACTS FOR UTILITY EASEMENTS, APPROXIMATELY 0.191 AND 0.108 ACRE TRACTS FOR TEMPORARY CONSTRUCTION EASEMENTS, AND AN APPROXIMATE 0.091 ACRE TRACT FOR ELECTRIC UTILITY EASEMENT, ALL BEING LOCATED IN THE ROBERT BEAUMONT SURVEY, ABSTRACT NUMBER 31, TRACTS 101, AND 220 AS EVIDENCED BY CONVEYANCE TO RAYZOR INVESTMENTS LTD. BY INSTRUMENT RECORDED BY DEED IN VOLUME 1796, PAGE 601, DENTON COUNTY DEED RECORDS, CITY OF DENTON, DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. The City Manager or his designee is hereby authorized to execute an "Easement Purchase Agreement" by and between the City of Denton, Texas as Purchaser, and Rayzor Investments, Ltd. as Seller, which is attached hereto and made a part hereof as Exhibit "A" (the "Agreement"), and any other documents necessary for the acquisition of approximately 0.193, 0.108, 0.191, 0.108, and 0.091 acre easement tracts. The easements are being acquired for municipal purposes, including public utilities, and their related appurtenances. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2009. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By~ EASEMENT PURCHASE AGREEMENT AGREEMENT dated June 1, 2009 between Rayzor Investments, Ltd. ("OWNER") and the City of Denton, Texas ~"CITY"). WITNESSETH: WHEREAS, Rayzor Investments, Ltd. is the owner of certain tracts of land in the Robert Beaumont Survey, Abstract Number 31, Tracts 101, and 220, as evidenced by conveyance to Ra zor Investments, Ltd. by instrument recorded by Deed in Volume 1796, Page 601, Denton y County Deed Records, (the "LANDS"} said lands bung affected by the public improvement ro'ects called the US HWY 380 Utility Relocation, and the Denton Municipal Electric Amherst pJ 3 g0 Upgrade (the "PROJECTS"}; and WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditions associated with the purchase of the necessary easements for the PROJECTS; NOW THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. At Closing, the OWNER shall grant, execute and deliver to the CITY easements in, alon , u on, over, and across the LANDS for the purposes of construction activities g p - related to the relocation and extension of public utilities on lands and access related to same, in the form of the Utility Easements, Temporary Construction and Access Easements, and the Electric Easement more particularly described as: a 20' Utility Easement tract of approximately 0.193 acres of land and a Temporary Construction and Access Easement tract of approximately 0.191 acres of land, a 20' Utlhty Easement tract of approximately 0.108 acres of land, and a Temporary Construction and Access Easement tract of approximately 0.108 acres of land, and a 16' Electric Easement tract of approximately 0.091 acres. All of the easement tracts herein are collectively referenced hereinafter as the "Easements". The conveyance instruments for the Easements being in form and substance identical to those attached hereto as "ATTACHMENT 1"and "ATTACHMENT 2"; 2. At Closing, as consideration for the granting of the Easements, the CITY shall pay to the Title Company, as defined below, for the benefit of OWNER, andlor STARLITE, as defined below, One Hundred Ninety Three Thousand Six Hundred Dollars and No Cents $193,600.40) as payment for the Easements as Total Compensation therein so called}. The Total Compensation payment represents full and adequate consideration for all of the Easements and any improvements therein and thereon, including without limitation, any damages to the remainder of OWNER's roperty. OWNER expressly stipulates and agrees that the Total p Compensation constitutes and includes all compensation due OWNER by CITY or any other governmental entity related to the PROJECTS, including without limitation any payments due for improvements located on the Lands, cost of repair andlor relocation of any improvements on the Lands, any damage to the improvements or any other property interests of OWNER on the Lands or any other Page 1 ro ert of OWNER affected by the PROJECTS, interference with OWNER' S p p y activities caused by or related to the PROJECT, whether on the Lands, or other roe of OWNER, or any other matter related to the PROJECTS or activities P p ~Y related to the Easements and OWNER hereby releases for himself, his successors and assigns, CITY, it's officers, employees, elected officials, and agents ,from and a ainst an claims he ma have now or in the future, related to the herein described g y Y matters, events andfor damages. 3 . Included in the Total Com ensation is the amount of $14,025.°° far installation and p labor to remove an existing multi-tenant pylon sign and relocate it out of the existing TXDOT right-of way, and proposed 20' permanent Utility Easement at 1720 West University Drive, Denton, Texas, to a new location agreed upon by both parties outside the Lands on OWNER"S remaining property as shown on "Attachment 3" attached hereto and made a part hereof, in strict conformance with Section 35.15.10.6 of the City of Denton Development Cade. Said work is outlined in Proposal #17393 dated b13109, from Starlite Sign Company ~"STARLITE"}, which is included hereto, and incorporated herein, as "ATTACHMENT 4". These funds shall be referenced hereinafter as the "Escrow Funds" and shall be deducted from the total i compensation payable to OWNER at Closing, and placed in an interest bearing escrow account with the Title Company at the time of Closing. OWNER shall have ninet 90 da s from the date of Closing to cause the existing multi-tenant pylon YC ) y sign to be moved as described above. The Title Company will disperse, ,upon instruction from the CITY, the Escrow Funds directly to STARLITE for payment of said work, one half of the Escrow Funds shall be dispersed to STARLITE at the time of Closing, and the remaining one half at the time completion of work, so long as (i) such work is in conformity with the terms of this AGREEMENT; iii) the OWNER has a roved the work, and (iii) the CITY has approved the disbursement of the final pP . payment. Any interest earned on the Escrow Funds shall be paid to OWNER. Additional expenses incurred in the performance of OWNER's obligations hereunder, if an ,above and beyond $14,025.°4 shall be borne solely by the Y OWNER. In the event OWNER shall not have completed, or caused to be com feted the relocation of the multi-tenant pylon sign, as required herein, within p the time period prescribed herein, OWNER expressly stipulates that the CITY may remove the sign remaining on the Lands, and dispose of such sign or signs in the manner it shall elect, at its sole discretion, without further liability or cost to the CITY, In the event the CITY removes the sign from the Lands, as described herein,- all funds remainin in the Escrow Funds shall be immediately paid to CITY, said g remaining Escrow Funds stipulated by OWNER and CITY to be a reasonable amount to compensate CITY for removing and disposing of the sign or signs. In such event, OWNER shall deliver to the Title Company authorization for such payment to CITY immediately upon request from CITY or Title Company. The terms and provisions of this Paragraph 3 shall survive Closing and not be merged into the Easements. 4. The Closing (herein sa called) shall occur in and through the office of Sendera Title of North Texas {Title Company) with said Title Company acting as escrow agent, on the date which is 30 days after the Effective Date, unless the OWNER and the CITY mutually agree, in writing, to an earlier or later date ~"Closing Date"). The OWNER Page 2 shall assist and support satisfaction of all closing requirements in relation to solicitation of release or subordination of liens and encumbrances affecting the Easements, if necessary. In the event CITY shall determine that the state of the title is unacceptable for its purposes, CITY may terminate this AGREEMENT by notice in writing to OWNER by placing in the United States Mail, return receipt requested, any time prior to Closing. 5. ~ The sti ulated Tatal Compensation amount shall be paid by the CITY at Closing p through the Title Company and allocated by the Title Company as provided herein all other typical customary and standard closing costs associated with this transaction shall be paid specifically by the CITY, except for OWNER's attorney's fees. 6. THE LAWS OF THE STATE OF TEXAS SHALL CONTROL AND APPLY TO THIS AGREEMENT FOR ALL PURPOSES. THIS AGREEMENT IS PERFORMABLE IN DENTON COUNTY, TEXAS. VENUE FOR ANY ACTION ARISING THEREUNDER SHALL LIE SOLELY IN THE COURTS OF COMPETENT JURISDICTION OF DENTON COUNTY, TEXAS. 7. The date on which this AGREEMENT is executed by the last to sign of the parties. shall be the "Effective Date" of this AGREEMENT; S. This AGREEMENT constitutes the sole and only agreement of the parties and supercedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. ,(Signature Page Follows] Page 3 CITY OF DENTON Bti=~: C~ec~r~e C. Campbell, City N~ana~er Date: ATTEST: JENNIFER ~1VALTERS. CITY SECRETARY BY: APPROVED AS TO LEGAL FORIVI: ANITA BC~R.CESS, CITY ATTORNEY` BY: RAYZOR INVESTMENTS, LTD., a Texas limited partnership By: The Rayzor Company, a Texas e~rporation, its general partner ~ ~ ~ ~ ~ By: ~ Phili A. Bake ,Vice President ~ ~ p r~ ~ Date: ~ Pale RECEIPT OF AGREEMENT BY TITLE COMPANY By its execution below, Title Company acknowledges receipt of: (1) an executed copy of this A Bement. Title Company agrees to comply with and be bound by the terms and provisions of ~ this Agreement and to perform its duties pursuant to the provisions of this Agreement including without (imitation those terms relating to compliance with Section 6045(e) of the Internal Revenue Code of 1986, as amended from time to time, and as further set forth in any Regulations or forms promulgated thereunder. TITLE COMPANY: Sendera Title Attn: Stacie Holbert 2540 Lillian Miller Parkway Suite 115 Denton, Texas 76210 Telephone (940) 382-7555 Fax (940) 382-7557 By: Printed Name: Title: Contract receipt date: Page 5 ATTACHMENT 1 PACE 1 ~F 2Z NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YQUR SOCIAL SECURITY NUMBER ORYOUR DRIVER'S LICENSE NUMBER. UT~L~TY EASEMENT THE STATE OF TEXAS § § KNOI~V ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT, Rayzor Investments, Ltd., whether one or more, hereinafter called "Grantor," for and in consideration of the sum of ONE DOLLAR and NO CENTS ($t,~0~ and other good and valuable consideration to Grantor in hand paid by the CITY OF DENTIN, TEXAS, hereinafter called "Grantee", the receipt and sufficiency of which are hereby acknowledged,. -does by these presents grant, bargain, sell and convey. to the Grantee, the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across cer#ain property, owned by Grantor and situated in Denton County, Texas, in the R. Beaumont Survey, Abstract No. 31, and being more particularly described in Exhibit "A", and depicted in Exhibit "B", both of which are attached hereto and made a part hereof by reference as if fully set forth herein (the "Easement Property"}. And it is further agreed that Grantee, in consideration of the benefits above set out, will- have the right to remove from the Easement Property, such fences, buildings and other obstructions as may now be found upon said Easement Property; but only to the extent necessary to complete the construction of the below described UVater Line Facilities and maintain same thereafter; provided, however Grantee will take reasonable efforts that are necessary to minimize interference with and removal of any of such items. The easement rights granted herein are for the purpose of constructing, reconstructing, installing, repairing, and perpetually maintaining water, sanitary sewer, and electric lines and appurtenant connections and related facilities ~"Utility Facilities"}, in, along, upon -and across said Easement Property, with the right and prwilege at all times of the Grantee herein, it or its agents, employees, workmen and representatives to have ingress, egress, and regress in, along, upon and across said Easement Property far the purpose of making additions to, improvements on and repairs to said Utility Facilities or any part thereof. Grantor's overall property of which the Easement Property is a portion is referred to herein as the "Grantor's Property". Grantor shall have no obligation to construct or maintain the Utility Facilities. Grantor hereby reserves to itself, its successors and assigns, all rights in and to the Easement Property and the right to use and enjoy the surface and subsurface thereof for any and all purposes whatsoever, so long as such use does not unreasonably interfere with the rights herein 1 I ATT~CE ~OF Z21 PA granted to Grantee. Grantor specifically reserves the right of passage over the Easement Property. Grantor RESERVES AND RETAINS THE RIGHTS BY, T4 AND FOR THE BENEFIT OF GRANTOR, ITS SUCCESSORS AND ASSIGNS to ~i) use the Easement Property for the location, construction, reconstruction, relocation and operation of such pipelines, transmission lines, drainage lines and other facilities necessary or desired far the conduct of Grantor's development of the Grantor Adjoining Property so long as Grantor`s use of such ground space does nod unreasonably interfere with the rights herein. granted to Grantee, which uses will be subordinate to the Grantee's easement rights herein, and 4ii~ construct or place fences, avement and landscaping on or adjacent to the Easement Property so Tong as same does not p unreasonably interfere with the rights herein granted to Grantee, and specifically including the right to place paved driveways and access areas over the Easement Property. It is understood that brick, stone or masonry walls andlor columns shall not be used in the construction of fences within the Easement Property, and any fences placed across the easement shall contain gates or removable panels so that the Easement Property is readily accessible by the City's employees and agents at all times and that there shall be no longitudinal installation of fencing within the Easement Property, In the event that Grantor, or Grantor's successors and assigns, chooses to locate Grantor's facilities within the easement property pursuant to Grantor's reservation of its right to do so, such utility lines shall only cross the Easement at not less than a 45°angle and no greater than a 9D° angle to the centerline of the Easement, there shall be no longitudinal installation. If such facilities are underground they shall be installed so as to maintain reasonable clearance from any existing or proposed water, sanitary sewer, or electric utility lines.- Prior to construction or installation of Grantor facilities within the Easement Property by Grantor, or its successors or assigns, complete construction plans depicting Grantor's proposed facilities shall be submitted to the City Engineer of the City, for approval. Such approval will not be unreasonably withheld. Any non-approved utility construction or installations shall be at-risk for future adjustment or relocation at the sole cost and expense of the owner of the encroaching facility. Within 60 days after completion of construction of Grantor's facilities, Grantor, or its successors or assigns, shall submit to the City- Engineer complete as-built construction plans of the subject improvements. The grant of easement rights hereunder is made subject to any of the following as they relate to the Easement Property: ~i) any and all restrictions, covenants, easements, tenancies and other encumbrances of whatsoever nature and iii) all zoning Paws, regulations and ordinances of municipal and other governmental authorities. The easement for the Easement Property as provided for herein is made on an "AS IS" basis, and Grantee expressly acknowledges that, in consideration of the agreements of Grantor herein, Grantor MAKES NG WARRANTY 4R REPRESENTATIGN, EXPRESS QR IMPLIED, OR ARISING BY OPERATION QF LAW as to the condition or suitability of the Easement or the Easement Property far Grantee's easement rights and uses defined herein. TG HAVE AND TO HOLD unto the said Gity of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. 2 i ATTACHMENT 1 RAGE 3 GF 22 4. Witness my hand to be effective as of the day of January, 2049. Rayzor Investments, Ltd., a Texas limited partnership By: The Rayzor Company, a Texas corporation, its general partner By: Phillip A. Baker, Vice President ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on this the day of January, 2009 by Phillip A. Baker, Vice President of The Rayzor Company, a Texas corporation, as general partner of Rayzor Investments, Ltd., a Texas Limited partnership, on behalf of said Limited partnership. Notary Public -State of Texas Accepted this day of January, 2D09 for the City of Denton, Texas (Resolution No. 91- 0~3}. By: ~ PaulWilliamson Real Estate Manager Upon recording return original to: City of Denton Utilities Engineering Department 901-A Texas Street Denton, Texas 16209 Attn: Paul Williamson 3 ATTACHMENT ~ PACE 4 CF 22 i 4 P.~. Box 54 w Lewisville, Texas 75067 ~~ce: X972} 221-9439 ~ Fax: ~972j 221-4675 EDIT A ~o= UrIT~~ EASE~NT o.lg~ ACRES CITY ~F DENT4N, I~ENT~N COUNTY, TE~A.S ]BEING all that certain lot, tract or parcel of land situated in the Robert Beaumont Survey, Abstract Number 31, ix~ the City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Raynor Investments, Ltd, Section 1, Tract One, recorded in Volume 1796, Page 601 of the Deed Records of Denton County, Texas, and being more particularly described as follows: ~EGIl~ING at a 1/z inch iron rod found at the northwest corner of said Raynor Investments tract and the northeast corner of that certain tract of land described i>~ deed to Denton Independent School District ~D~SD}, recorded in Volume 455, Page 663 of the Deed Records of Denton County, Texas being in the south line of University Drive (U.S. Hwy 380) having a 100 foot wide Right-af-way; THENCE with the south Tine of said University Drive and with a curve to the left having a radius of 3 869.72 feet an arc length of 23 5 .b 1 feet with a delta angle of 03 degrees 29 minutes 19 seconds whose chord bears North 84 degrees 57 m~anutes 40 seconds East at a distance of 235.58 feet to a point for corner at the northwest corner of a 20 foot Sanitary Sewer Easement recorded in Volume 453, Page 481 of the Deed Records of Denton County, Texas; 'T'HENCE South 00 degrees 24 minutes 00 seconds west, with the west line of said 20 font Sanitary Sewer Easement, over, through and across said Rayzar Investments tract, a distance of 165.19 feet to a point for corner thereof; THENCE South 89 degrees 26 minutes 10 seconds East, continuing across said Rayzar Investments tract, a distance of 20.00 feet to a point for corner ~ the east line thereof being in the west line of westway Street having a 60 foot wide Right-off way; 'T'HENCE South 00 degrees 24 minutes 00 seconds west, with the west line of said westway Street, a distance of 20.04 feet to a point for corner; THENCE over, through and across said Rayzar Investments tract the following three ~3}courses: North 89 degrees 26 minutes 10 seconds west, a distance of 40.00 feet to a point for corner; North 00 degrees 24 minutes 00 seconds East, a distance of 162,53 feet to a paint for corner and being at the beginning of anon-tangent curve to the right having a radius of 3889.72 feet; c:120071eaclilt~uy 380 ~tii relocate-630043517,6400355371dacslesmt22.doc i A ASE 5 aF 22~ P a ~g ~ P.Q. Box 54 ~ Lewisville, Texas 75067 affiee: X972} 221-9439 Fax: X972} 221-4675 Continuing with said curve an arc length of 2~ 5.4 ~ feet with a delta angle of 03 degrees lQ minutes 23 seconds whose chard bears South 85 degrees OS min~.tes 14 seconds west at a distance of 215.38 feet to a paint for corner in the east line of said DISD tract; THENCE North 44 degrees l ~ minutes 15 seconds Iaast, witka the east line of said D~Sl3 tract, a distance of 24.44 feet to the Pt~INT ~E ~E~IlII~~, and containing 4.193 acres of land, more or less. ~~~.tb~44i ~,~~y~ r a' ~ E a °o ° ` iw' 3 ~ ° C f j, Qb~V r~ ~ n ° ~F s ~r ¢ ~ir"": 7 S~s~ G .¢Gi•s: if6EG.6 .d~ .~.j .tom? i i "alssfF ~j~''~ ~q.$k!1 [i Cii DaR C:"~"'~?[:.n000C04 Aa (4 1~~ FF G ~ `i' + D SSS 4• 1 A i r 41~Sf ~y~~ ;i ~ f ` 4 e¢¢eSF¢g3P .I ~4 c:120071cad1hw~+ 380 util relocate-b30043517,64~}355371dacslesm~22.dac i AGE ~~OF 22~ PA 5a o R~~ ~'~Y D tTI~I p 38 U. S• (100' R.O.~f.) u~rLr~ Esc: 35.88, P. 4. B. 84, 87~ 4a,:E 2 ' E=~~~• ~ I ~9.~z• g' ~ g R=3869.72 ~3 2 _ 0.193 ACRES R-~2 ~.~a' ENT I.R.F , ~E~TY EASEM ~ I (c.~u3 ~ 72' E~~18.4~ I ~23" R=388g~ ~ F p~?3' ~ 0 5.38 v~ ~ o I ~ ~ S85`fl8~ ~ 4 ~ w ~ ~ ~w P. 0. B. ~ 7 ~ L195.22 ~ ~ a I r-~' Q~ 1lJIYl.~. L.rO1~tJ1. ~ 1 ~g~~ ~~3g~g. ! ~ ~ ~ w ~ ~ z ~ S85 ~ $ 4~ rn ~ z _ I ~ ~ ~ o cfl ~ ~ ~ ~ =ate RAY~OR INVESTMENTS, LTD. ~ ~ o ~ ~ I ~ Q~ SECTION 1, TRACT ONE ~ ~ o W ~ m~~ a VOLUME 1 ?96 RACE SCE ~ ~ w ~ I ~ ~ ~ o ~ W W I Q o LINE TABLE ~Q ~ o N o LINE BEARING LENGTH p ~ ~ ~ 0~~ L1 S89°26'10"E 20.00' ~ ~ ~u~ L2 S00'24'o0"W 20.00' N w L3 N89'26'10"w 40.00' O ~ WES~'WAY ~~v L4 N00'16'~ 5»E 20.04' ~ N S~'R~~T Ls soo•2~-'oo"W 20.00' ~ ~ Ls N89°2s'~o»w ~o.oo' w~ L7 Noa•16'15"E 20.04' L3 o ~ ~ L6 . • d ~ ° ` ° ~ ~ " s tC°CIGFG{{F{S~Qy:O FY 4's •f.G7 vF~'~=`~'!°C('. ~4 S °;EfsYniC Ci s+c 'aac c3 AP9°E 4CF4 f t T r ~ '~i c 0° yr` ay ~ ,v E~TII~IT B ~ ~ . ,~0' ~1t~~~ty~.~ase~nent r ~r ~r~~ Ire o ~ 20 ` Tee o~-ar Cons t~uct~on .~s~n t. ~ P ~ Pro#essior~al Land 5azrrve oa's Robert Beaumont Surve ~ 972 221 9439 ~ fax 972-22175 Abstract No. 3~ zzo ~ str~ee~ s~~ zoo P o. Bvx s4 City of Denton Lewisviue, Texas 75067 Denton County, Texas G\2007\CUD\H4lY 3$0 UTI~ RELQCATC-630043517,640035537\dwg\ESMT22,dwg 9f27JC007 b1b~47 PM CDT ATTACHMENT 1 • PAGE l of 22 e NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FALLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFGRE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER QR YOUR DRIVER'S LIGENSE NUMBER. TEMPORARY CONSTRUCTION AND ACCESS EASEMENT THE STATE OF TEXAS ~ ~ KNOWN ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT, RAYZOR INVESTMENTS, LTD., a Texas Limited Partnership, {"GRANTOR"}for and in consideration of the sum of One Dollar .oo}, and other good and valuable consideration, to GRANTOR in hand paid by the CITY of DENTON TEXAS, a municipal corporation, ~"GRANTEE"), the receipt and suff ciency of which are hereby acknowledged, has granted, sold and conveyed and by these presents does, grant unto GRANTEE a temporary construction and access easement ~"TEMPORARY EASEMENT"} for the purpose of constructing and erecting thereon one ar more water, sanitary sewer, or electric lines, appurtenant connections, and related facilities collectively, the "Utility Facilities"} in, over, under, through, across and along all that certain lot, tract, or parcel of land situated in the County of Denton, State of Texas, and mare particularly described in Exhibit "A", and illustrated in Exhibit "B", attached hereto and incorporated into this document by reference. It is agreed that GRANTEE, in consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property for the purpose of access and construction activities in, along, upon and across said premises. GRANTEE, its agents, employees, workmen and representatives shall have ingress, egress, and regress in, along, upon and across said premises far the purpose of access and construction activities or any part thereof. Grantee shall restore any existing fence or pavement altered by temporary construction in a workmanlike manner to an equal or better condition prior to construction. This agreement and all rights and easements created hereby shall expire two years from the effective. date of this easement. This TEMPORARY EASEMENT, together with the other provisions of this grant, shall until its expiration constitute a _covenant running with the land for the benefit of GRANTEE, its successors and assigns. The right hereby granted is severable -and may be assi ned either in whole or in part. 9 PAGE $~~F 22~ T GRANTQR disclaims all warranties of every kind, express or implied, including but not limited to all warranties of title and all warranties against encumbrance, and this grant of TEMPORARY EASEMENT is made wholly wifhout warranty. TQ HAVE AND T4 HaLD the above easement unto GRANTEE as aforesaid for the purposes aforesaid the premises above described. EXECUTED this day of , 2x49. Raynor Investments, Ltd., a Texas limited partnership By; The Raynor Company, a Texas corporation, its general partner By: Phiilip A. faker, Vice President ACKNQI~ILEDGMENT THE STATE OF TEXAS ~ CQUNTY ~F DENTIN ~ This instrument was acknowledged before me on this the day of January, 2009 by Phillip A. Baker, Vice President of The Raynor Company, a Texas corporation, as general partner of Raynor Investments, Ltd., a Texas limited partnership, on behalf of said limited partnership. Notary Public -State of Texas Accepted this day of January, 2009 for the Gity of Denton, Texas Resolution No. 91-073}. By; Paul UVilliamson Rea! Estate Manager i ATTAGI~MENT ~ s PAGE 9 GF 22 y. Upon recording return origins! to: City of Denton Utility and CIP Engineering Department Real Estate and Dapital Support Division 901 ~A Texas Street Second Floor Denton, Texas 7G209 ATTACHMENT 'i RAGE 10 OF Z~ P.O. Box 54 ~ Lewisville, Texas ?5067 Office: X972) 221-9439 ~ Fax: {972} 22I-4675 E~1T A 24' TEMPQRARY COI~STRIJCTID~T EASE~~I'I' 0.191 ACRES CITY DF DE~ITON, DEN'TOI~ CO[TI~TY, TExAS BEIlad~ all that certain lat, tract or parcel of Land situated in the Robert Beaumont Surrey, Abstract Number 3l, in the City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Rayzor Investments, Ltd., Section 1, Tract One, recorded in ~Iolume 1796, Page ~O1 of the Deed Records of Denton Counter, Texas, and being more particularly described as follows: FEGI~~IG at a point far corner in the west line of said Rayzor Investments tract and the ,east line of that certain tract of land described in deed to Denton Independent School District (DISD}, recorded in ~Talume 455, Page 6~3 of the Deed Records of Denton County, Texas from which the northeast corner thereof bears North 00 degrees ~ 6 minutes 15 seconds East a distance of 20.04 feet; THENCE over, through and across said Rayzor Investments tract the fallowing three (3 }courses: with a curve to the left having a radius of 3$$9.72 feet an arc length of 215.41 feet with a delta angle of o3 degrees l0 minutes 23 seconds whose chord bears North SS degrees OS minutes 14 seconds East at a distance of 215.3$ feet to a point for corner South 00 degrees 24 rninutes 00 seconds west, a distance of 1 X2.53 feet to a point for corner; South $9 degrees 2~ minutes IO seconds East, a distance of 40.00 feet to a point for corner in the west line of westway Street having a 60 foot wide Right-of way; 'I'~[ENCE South 00 degrees 24 minutes 00 seconds west, with the west line of said westway Street, a distance of 20.00 feet to a port for corner at the southwest corner thereof, 'I"IIEENCE over, through and across said Rayzor Investments tract the following three (3}courses: North $9 degrees 26 minutes IO seconds west, a distance of 50.00 feet to a point for corner; North DO degrees 24 minutes 00 seconds East, a distance of 159.99 feet to a point for comer and being at the beginning of anon-tangent curve to the right having a radius of 39a9.72 feet; Continuing with said cure an arc length of 195.22 feet with a delta angle of 02 degrees 51 minutes 39 seconds whose chord bears South SS degrees 1$ minutes 41 seconds west at a distance of 195.20 feet to a point far corner in the east line of said DASD tract! c:1~Q0?1ca~wy 380 ~rti~ reiacat~~b30Q43~17,6400355371docslesmt22.doc i ATTACHMENT 1 PACE 110E 22 0 ~r~~~~~c~~ P,a. Boy 54 ~ Lewisville, Te~a~ 75Q67 af~ice: (9~2} 221-9439 ~ Fay: (972} 221-~'G75 THENCE North 00 degrees 1 G minutes 15 seconds East, with the east line of said DISD tract, a distance of 20.0 feet to the POIl~T ~3F BE~~.N~T~, and containing 0.191 acres of land, more or less. ~(j°~-~ F Y+ ~i 5 F 1 ~C4SFiLJy F ~LrS~~ L C ~9 ~Y y tB t~ R p~F S~ t . lyq~ ~caR e.nr beeersraia~.n4vav~rrlase aRsy'. tElclerGCesreat:~~i ~3r dci Bkt 0 1 c :i ~ a(,i~ ~ 1 1/ ~a ~f ~ , ` ~ .k49 „y~ o ~~Y e Q! c:120071codl~wy 380 util relQCate-63043517,640a3553~1dacslesmt22.dac e ATTACHMENT 1 PACE 1Z of 22 50 0 50 I~'~ ~ IV~~~ tTN ~ . 38 V. (100' R.O.W) U'I'ILI~'Y EST'. f e '4p"E 23~'~~ D.B. 61 Ng~. 57 69.72' ~=235' ~ ~=~s~9.~~~ X3`2919 R--38 RES ~-27s.oa ~ p.~ 93 AC I ~ EASEM EN T w i- Q 23 ~~gg9 ~ ro o ~ ~ ~~3 S ~ 4 ~ 215.38 P.Q.B. ~ S - 22 ~ • ~ . I C ~ ~pQ.72 L ~ QQ T~'bfP oNST'. R-3 ~ ~ ~ ° ~ ~ EASEh~ENT 2 ~ ~ 19 5.20 ~ ~3 ~ ~ I a , Q S85 18 ~ ~ z a. ~ o _ I N V o tp z o~ RAYZOR {NVESTMENTS, LTD. ~ ~ ~ ~ ~ ~ Qw SECTION 1, TRACT aNE ~ o ~ w m o VOLUME 1796, PAGE 6D~ ~ ~ ~ W w ~ ~ w~ ;v W w~ Q o ~ ° ~ Q ~ w ~o~ LINE TABLE w z ~ ~ ~ \ ~ ~ ~ ~ Lf NE BEARCNG LENGTH O o Q N ~ o w 0~ L1 S89'26'10"E 20.00' ti Z L2 S00'24'OD"W 20.00' ,N w L3 N89'26'10"W 40.00' a ~ ~STWAY ~ z ~ L1 s~ O L4 NOD 16 i 5 E 20.04 N R~~T o~ L5 JOO•L`C'Ol!"YI LV.00' ~ L6 N89'26'i 0"IN 60.00' L7 N00`16'15"E 20.04' O ~ ~ ".~s ~ sS~ e + o a s a seaoaeaa.tomx..aon.sacc:..~.oaos sc►la.aassaa..na s.taas.sa ri a . a s w a a' ~ ; e°a ~C ~ ~ ee •e at s1 E IT B ~o ~ ~~1~1 ~aSelnell t ~tl C 20 P Tern orar Cons ~~uct~an ~srn t. ~ ~ Professiona,I hand Surve o~-s Robert Beaumont 5urve ~ Abstract No. 31 97~ 2~~-943s ~ Fax 97Z 221-475 220 EIu~ Street Srute 200 ~ P.D. Box 54 City of Denton Lewisv~.ue, Texas 75D67 Denton County, Texas C~\2a07\C[ID\HWY 3$0 U~I~ R~Q~ATE-630©43517,640035537\dwg\ESMT22.dwg 9/P7/2007 1~16~47 PM CDC ATTACHMENT 1 PAGE 13oF22 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE iT iS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. UTILITY EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS. CQUNTY 4F DENTQN § THAT, Rayzor Investments, Ltd., whether one or more, hereinafter called "Grantor," for and in consideration of the sum of ONE DOLLAR and N4 CENTS ~$~.00) and other good and valuable consideration to Grantor in hand paid by the CITY QF DENTON, TEXAS, hereinafter called "Grantee", the receipt and sufficiency of which are hereby acknowledged., does by these presents grant, bargain, sell and convey to the Grantee, the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across certain property, awned by Grantor and situated in Denton County, Texas, in the R, Beaumont Survey, Abstract No. 31, and being more particularly described in Exhibit "A", and depicted in Exhibit "B", both of which are attached hereto and made a part hereof by reference as if fully set forth herein (the "Easement Property"}. And it is further agreed that Grantee, in consideration of the benefits above set out, will have the right to remove from the Easement Property, such fences, buildings and other obstructions as may now be found upon said Easement Property; but only to the extent necessary to complete the construction of the below described vVater Line Facilities and maintain same thereafter; provided, however Grantee wi[I take reasonable efforts that are necessary to minimize interference with and removal of any of such items. The easement rights granted herein are for the purpose of constructing, reconstructing, installing, repairing, and perpetually maintaining water, sanitary sewer, and electric lines and appurtenant connections and related facilities ("Utility Facilities"}, in, along, upon and across said Easement Property, with the right and privilege at all times of the Grantee herein, it or its agents, employees, workmen and representatives to have ingress, egress, and regress in, along, upon and across said Easement Property far the purpose of making additions to, improvements on and repairs to said Utility Facilities or any part thereof. Grantor's overall property of which the Easement Property is a portion is referred to herein as the "Grantors Property" Grantor shall have no obligation to construct or maintain the Utility Facilities. Grantor hereby reserves to itself, its successors and assigns, all rights in and to the Easement Property and the right to use and enjoy the surface and subsurface thereof for any and all. purposes whatsoever, so long as such use does not unreasonably interfere with the rights herein i ATTACHMENT ~ PACE 14 CF ZZ k granted to Grantee. Grantor specifically reserves the right of passage over the Easement Property. Grantor RESER1fES AND RETAINS THE RIGHTS BY, TD AND FOR THE BENEFIT OF GRANTOR, iTS SUCCESSORS AND ASSIGNS to ~i) use the Easement Property for the location, construction, reconstruction, relocation and operation of such pipelines, transmission lines, drainage lines and other facilities necessary or desired for the conduct of Grantor's development of the Grantor Adjoining Property so long as Grantor's use of such ground space does not unreasonably ~ interfere with the rights herein granted to Grantee, which uses will be subordinate to the Grantee's easement rights herein, and ~ii~ construct or place fences, pavement and landscaping on or adjacent to the Easement Property so long as same does not unreasonably interfere with the rights herein granted to Grantee, and specifically including the right to place paved driveways and access areas over the Easement Property, It is understood that brick, stone or masonry walls andlor columns shall not be used in the construction of fences within the Easement Property, and any fences placed across the easement shall contain gates or removable panels so that the Easement Property is readily accessible by the City's employees and agents at all times and that there shall be no longitudinal installation of fencing within the Easement Property. In the event that Grantor, or Grantor's successors and assigns, chooses to locate Grantor's facilities within the easement property pursuant to Grantor's reservation of its right to do so, such utility lines shall only cross the Easement at not less than a 45°angle and no greater than a 90° angle to the centerline of the Easement, there shall be na longitudinal installation. If such facilities are underground they shall be installed so as to maintain reasonable clearance from any existing or proposed water, sanitary .sewer, or electric utility lines. Prior to construction or installation of Grantor facilities within the Easement Property by Grantor, or its successors or assigns, complete construction plans depicting Grantor's proposed facilities shall be submitted to the City Engineer of the City, for approval.- Such approval will not be unreasonably withheld. Any non-approved utility construction or insta{lotions shall be at-risk for future adjustment or relocation at the sole cost and expense of the owner of the encroaching facility. vvithin fi0 days after completion of construction- of Grantors facilities, Grantor, or its successors or assigns, .shall submit to the City Engineer complete as-built construction plans of the subject improvements. The grant of easement rights hereunder is made subject to any of the following as they relate to the Easement Property: ~i} any and all restrictions, covenants, easements, tenancies and other encumbrances of whatsoever nature and iii} all zoning laws, regulations and ordinances of municipal and other governmental authorities. The easement for the Easement Property as provided far herein is made on an "AS lS" basis, and Grantee expressly acknowledges that, in consideration of the agreements of Grantor herein, Grantor MAKES NG WARRANTY ~R REPRESENTATIaN, EXPRESS OR IMPLIED, OR ARISING BY ~PERATI4N GF LAW as to the condition or suitability of the Easement or the Easement Property for Grantee's easement rights and uses defined herein. TG HA1f E AND T4 HaLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. 2 ATTACHMENT 1 PAGE 15 ~F 22 Witness my hand to be effective as of the day of January, 2009. Raynor Investments, Ltd., a Texas limited partnership By; The Raynor Company, a Texas corporat'ron,~its~general partner By: Phillip A. Baker, Vice President AC~NQWLEDGI~ENT THE STATE DF TEXAS § CQUNTY OF DENT4N § This instrument was acknowledged before me on this the day of January, 209 by Phillip A. Baker, Vice President of The Raynor Company, a Texas corporation, as general partner of Raynor Investments, Ltd., a Texas limited partnership, on behalf of said limited partnership. Notary Public -State of Texas Accepted this day of January, 2009 for the City of Denton, Texas Resolution Na. 91- 073). By: Pouf Williamson Real Estate Manager Upon recording return original to; City of Denton Utilities Engineering Department 901-A Texas Street Denton, Texas 76209 Attn: Paul Williamson ATTA~H~IENT 1 PAGE 1fi 4F 22 METES AND BOUNDS DESCRIPTION BEING a 0.108 ocre tract of land situated in the R. Beaumont Survey, Abstract Number 31, Denton County, Texas, in fhe Cify of Denton, being a portion of the tract of land described in the deed fo Rayzor /nvesfinents, Lfd recorded in Volume 1796, Poge 601, Deed Records of Denton County, Texas and followed up in the correction deed .recorded in Volume 2335, Page 903, Deed Records of Den tan Coun fy, Texas, said 0.108 acre tract of land being more particularly described as follows: BEGINNING at the infersecfion of the -northerly right-of way line of West University Drive {U. S Highway 380, a variable width right-of way) and the easterly right-of--way line of Georgetown Drive (a 55' wide right-of-woy); THENCE with the easterly right-af--way line of Georgetown Drive North 00'47'D4" East a distance of 20.00 feet to o poin f for corner; THENCE departing the easterly right-of way line of Georgetown Drive South 89'28'36" East a distance of 236.21 feet to a point in fhe westerly line of a 10 foot wide utility easement .described in fhe instrument recorded in Volume 4461, Page 334, Deed Records of Denton County, Texas; THENCE wifh -the westerly line of said 14 foot wide utility easement South 04'44'24" West a distance of ZD.D4 feet to a paint in the northerly right-of--way line of West University Drive; THENCE departing the westerly line of said 10 foot wide utility easement wifh the northerly right-of--way line of West University Drive North 89'28'36" West a distance of 236.25 feet to fhe POINT OF BEGINNING; CONTAINING a computed area of 0.108 acres (4,725 square feet of loud. NOTE. The bearings- recited herein are based upon the Texas Coordinate System of 1983, North Centrof Zone. ~ , ~ e ~tST~~r ~ ~ ~ ~ ~ ~ ~ ~ 6~D~y@~bCu~A~A~3~F~9C~3E~ i ~i ~ ~~~~~~~g ~~~~~€~Q~ ~ f' Y k ~d i t~ . 3i ` - 20' WIDE UTILITY EASEMENT PORTION OF ~ . ~ ~b~oi RAYZQR INVESTMENTS, LTD tee: ~a~~~ • ~ a»~-ra~~ VOLUME 1796, PAGE fiat FOLLOWED UP IN CORRECTION A plat of even date accompanies DEED this metes and bounds description VOLUME 2335, PAGE 9Q3 CITY OF DENTON May 22, 2DD8 DENTON COUNTY, TEXAS 2oo6oz9 I ` H I ~ ATTAC~IMENT 1 PAGE 1l t~F Z2 } ~4y~ r) SCALE : f 10D' - 4 • . ~ ~1 . t~ r, ~ 10' U11UTY EASEMENT C° _ ~ ? VOLUME 4061, PAGE 334 ~ ~ ~ D.R.D.C.r. x ~ W a~ j RAYZOR INVESTMENTS, LTD ~ ~ N ~ a F ~ VOLUME 1796-601 ~ A a F _ ~ oA ~ D.R.D.C.T. ~ D oz°~ w°;~ Z 3 RAYZOR INVESTMENTS, LTD c°n ~ a~ w p o CORRECTION DEED ~ a ~ ~ Q ~ ~ VOLUME 2335-903 A o ~ a I• ; D.R.D.C.T. p ~ o N o ~ ~ ~ ~ cw o' ~ W 16' UT1UrY EASEMENT ~ VOLUME 719, PAGE 991 ~ t~ o D.R.D.c.r. ~ N O - ~ u°~ '2~ 36 E 23fi.21 ~ Po~rr ~F N89'28'3fi"w - 236.25' 16' UTILITY EASEMENT BEGIl~iNING voL~M~ ~s, PAGE is P.R.D.C.r. WEST UN1 VERS! T Y DRf VE / U. S. 380 VARIA9tE WID'iH RIGFfT-4F-WAY 20' RIDE UTILITY EASEMENT 0.10$ ACRES 4,725 S.F. 20' WIDE UTILITY EASEMENT PORTION OF ~ . ~ . gat wortn► nc ~~t o~ RAYZOR INVESTMENTS, LTD tee: e»•~•~ ~ rain a»~-~a~~ VOLUME 1796, PAGE 64~ FOLLQWED UP IN CORRECTION A metes and bounds description DEED of even date accompanies this VOLUME 2335, PAGE 943 drawing. CITY OF DENTON DENTON COUNTY, TEXAS May 22, 2008 2OOfiO29 y PAGE H8 ~F A E OF CONFiDENTiAL[TY RIGHTS: IF YDU AREA NATURAL PERSON, YOU NOTIC MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE iT IS FILED FOR RECGRD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. TEMPORARY CONSTRUCTION AND ACCESS EASEMENT THE STATE of TEXAS ~ ~ KNOWN ALL MEN BY THESE PRESENTS COUNTY of DENTON § THAT RAYZOR INVESTMENTS, LTD., a Texas Limited Partnership, s rand inconsideration of the sum of One Dollar .OO}, and other good ~ GRANTOR } fo and valuable consideration, to GRANTOR in hand paid by the CITY of DENTQN TEXAS a munici al cor oration, ("GRANTEE"}, the receipt and sufficiency of which are p p hereb acknowledged, has granted, sold and conveyed and by these presents does y « rant unto GRANTEE a temporary construction and access easement ~ TEMPORARY 9 EASEMENT"} for the purpose of constructing and erecting thereon one or more water, sanita sewer, or electric lines, appurtenant connections, and related facilities collectives ,the "Utility Facilities"} in, over, under, through, across and along all that ~ y certain lot, tract, or parcel of land situated in the County of Denton, State of Texas, and more articularly described in Exhibit "A", and .illustrated in Exhibit "B", attached p hereto and incorporated into this document by reference. It is agreed that GRANTEE, in consideration of the .benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as ma now be found upon said property far the purpose of access and y . construction activities in, along, upon and across said premises. GRANTEE, its agents,. w rkmen and re resentatives shall have ingress, egress, and regress in, employees, o p aloe , u on and across said premises for the purpose of access and construction 9 p activities or any part thereof. Grantee shall restore any existing fence or pavement altered b temporary construction in a workmanlike manner to an equal or better Y . condition rior to construction. This agreement and all rights and easements created p hereby shall expire two years from the effective date of this easement. MPORARY EASEMENT, to ether with the other provisions of this grant, This TE 9 shall until its ex iration constitute a covenant running with the land for the benefit of p 4 • GRANTEE, its successors and assEgns. The right hereby granted is severable and may be assigned either in vuhole or in part. I ATTACHMENT 1 PAGE 19C3F22 GRANTaR disclaims all warranties of every kind, express or implied, including but not limited to all warranties of title and all warranties against encumbrance, and this giant ofTEMP4RARY EASEMENT is made wholly without warranty. TG HAVE AND TG HOLD the above easement unto GRANTEE as aforesaid for the u uses aforesaid the premises above described. p rp EXECUTED this day of , 2089. Ra zor Investments, Ltd., a Texas limited partnership Y By: The Rayzor Company, a Texas corporation, its general partner By: _ Phillip A. Baker, Vice President ACKN~IIYLEDGMENT THE STATE OF TEXAS ~ G~UNTY 4F DENTIN § This instrument was acknowledged before me on this the day of Janua 2049 b Phil~i A. Baker, Vice President of The Rayzor Company, a Texas ry~ Y p cor oration, as general partner of Rayzor Investments, Ltd., a Texas limited partnership, p on behalf of said limited partnership. Notary Public -State of Texas Acce ted this day of January, 2049 for the City of Denton, Texas (Resolution No. p 9 073}. By: Paul Ulfilliamson Real Estate Manager ATTACHMENT 1 - RACE ZO CF ZZ Upon recording return original to: City of Denton Utilit and ClP Engineering Department Y Real Estate and Capital Support Division 901-A Texas Street Second Floor Denton, Texas 76209 ~ ~ ATTACHMENT ~ PAGE 21 ~F 22 METES AND BOUNDS DESCRIPTION BEING a D.108 acre tract of land situated in the R. Beaumont Survey, Abstract. Number 31, Denton County, Texas, in the City of Denton, being a portion of fhe tract of land described in the deed to Raynor Investments, Ltd recorded in Volume 1796, Page 601, Deed Records of Denton County, Texas and.. followed up in the correction deed recorded in Volume 2335, Page 903, Deed Records of Denton County, Texas, said 0.108 acre tract of land being more particularly described os follows: COMMENCING at the intersection of the northerly right--of-way line of West University Drr"ve (U. S Highway 380, a variable width right-of~--way) and the easterly right-of way line of Georgetown Drive (0 55' right-of--way); THENCE with the easterly right-of--way line of Georgetown Drive the following: North DO'47'D4" East o distance of 20, 00 feet to the POINT OF BEGINNING; North DO'47'04" Eost o distance of 20.00 feet to a point for corner; THENCE departing the easterly right-of-way line of Georgetown Drive South 89'28'36" Easf a distance of 236.17 feet to o point in the westerly line of a 1D foot wide utility easement described in the instrument recorded ~n volume 4061, Page 334, Deed Records of Den ton County, Texas; THENCE with the westerly line of said l0 foot wide utility easement Saufh DD'4Q'24" West a distance of 20.00 feet to a pain t for corner; THENCE de orfin the westerly line of said 1Q foot wide utility easement North 89'28'36" West a distance of P 9 236.21 feet to the POINT OF BEGINNING; CONTAINING a computed area of 0.108 acres (4,724 square feet) of land. NOTE• The bearings recited herein are based upon the Texas Coordinate System of 1983, North Central Zone. t~ r ~ ~ ~ ~ ~~t~ ~ i r' x. 9 ~ ~ ~ 4`Q~0i2i5ci~dCfiO~~[,-Y"1~E ~`:vC`3€i ~j ~ ~ C 1 ~~q^~~ ~6 E~ ~ ~~~4 Et ~~~~a DE+ ~.3C~ii/4~::i:i~.`.`.3f3F'.v~.~i?4]R' j f~ ~ N Dg 4 ~ '.has ~E ~ ' ~ 3Fia ~~s Jj'~ Y A S _ F~Ftj' -`z=.i ,4 ;may r r ` ly~. ''r 20' WIDE TEMPORARY CONSTRUCTION EASEMENT Merrimac c~as i ~.~te goo ~ rortw~r~ nc 7~~©~ PDRTiON OF rei: e»-~-~~2~ • Fmc s~=-~aa~~ RAYZOR INVESTMENTS, LTD VOLUME 1796, PAGE 601 A !at of even date accompanies FOLLOWED UP IN CORRECTION DEED P VOLUME 2335, PAGE 903 tf~is metes and bounds description CITY OF DENTON Ma 22, 208 DENTON COUNTY, TEXAS y 2~Q6029 i AGH~IENT 1 PAGE 22 GF 22 z~ ii i r SCALE : 1 = )40 _ ~j ~ ~ r1'~ ~ ~p . ~ ~ 14' UTILITY EASEMENT ~ ~ _ F ~ r3 VOLUME 406t, PAGE 334 c~ ~ ~ D.R.D.C.T. Z ~ w ow z~ W RAYZOR INVESTMENTS, LTD ~ ~ ~ ~ E+ ~ u VOLUME 1796-fi01 ~ A ~ ~ ~ p ~ D.R.D.C.T. ~ ~ m A w ~ ~ ~ 3 p RAYZOR INVESTMENTS, LTD ~ ~ a ~ o CORRECTION DEED •oo a a ~ a Q ~ ~ VOLUME 2335-903 E~ o 0 ~ ; ~ D,R.D.C.T, N ~ ~ lLl ~ i L'~ ~ w I ~ 3 0 15' UTILITY EASEMENT ~ ~ VOLUME 719, PAGE 991 ty ~ D.R.D.C.T. °o g z ~ POINT OF -S89'2B'3fi"E - 23fi.~ T ~ BEGINNING ' N89"2~'3fi'W - 23fi.21' ~ Noo 4ro~ F zo.oo-~ POINT OF 1s' uTIUTY EASEMENT COMMENCING vo~uME t s, DACE t ~ P.R.D.C.T. 1NFST CINI VERSI T Y DRl VE / CJ. S. 380 VA~ABlF WIDI}I RI(~{T-OF~-WAY 20' ~[DE TEMPORARY CONSTRUCTION EASEMENT 0.108 ACRES 4,714 S.F. '~r 20' WIDE TEMPORARY CONSTRUCTION ~ EASEMENT ~~o~ ~ cede ~ s~ goo ~ r~w~, nc 76~a~ PORTION OF Tet: a»s~-t t2~ • F~c 8~~-s~-la~~ RAYZOR INVESTMENTS, LTD VOLUME ~ 796, PAGE fiOl and bounds descri Lion FOLLOWED UP IN CORRECTION DEED A metes p VQLUME 2335, PAGE 903 of even date accompanies this drawing. CITY OF D EN TON DENTON COUNTY, TEXAS May 22, 2008 24~6~~9 i ATTACHMENT 2 PAGE ~ OF 5 i NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLODUING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. ELECTRIC EASEMENT THE STATE 4F TEXAS § § KNGw ALL MEN BY THESE PRESENTS CaUNTY OF DENTIN § THAT, Raynor Investments, Ltd., whether one or mare, hereinafter called "Grantor," for and in consideration of the sum of ONE DGLLAR and ND CENTS x$1.00) and other good. and valuable consideration to Grantor in hand paid by the CITY OF DE[~T4N, TEXAS, hereinafter called "Grantee", the receipt and sufficiency of which are hereby acknowledged, does by these presents grant, bargain, sell and convey to the Grantee, the free and uninterru ted use, Jibe and privilege of the passage in, along, upon and across certain p ~Y property, owned by Grantor and situated in Denton County, Texas, in the R. Beaumont Surve ,Abstract No, 31, and being more particularly described in Exhibit "A", and depicted in v Exhibit "B", both of which are attached hereto and made a part hereof by reference as if fully " set forth herein the "Easement Praperty"}. And it is further agreed that Grantee, in consideration of the benefits above set out, will have the right to remove from the Easement Property, such fences, buildings and other obstructions as may now be found upon said Easement Property; but only to the extent necessa to com fete the construction of the below described Electric Line Facilities and rY p maintain same thereafter; provided, however Grantee will take reasonable efforts that are necessary to minimize interference with and removal of any of such items, The easement rights granted herein are for the purpose of constructing, reconstructing, installing, repairing, and perpetually maintaining electric utilities, and related facilities ~"Electric Facilities"}, in, along, upon and across said Easement Property, with the right and privilege at all times of the Grantee herein, it or its agents, employees, workmen and representatives to have in ress, egress, and regress in, along, upon and across said Easement Property far the 9 purpose of making additions to, improvements on and repairs to said Electric Facilities or any art thereof. Grantor's overall property of which the Easement Property is a portion is referred p to herein as the "Grantor's Proper#y". Grantor shall have no obligation to constructor maintain the Electric Facilities. Grantor hereby reserves to itself, its successors and assigns, all rights in and to the Easement Property and the right to use and enjoy the surface and subsurface thereof for any and all purposes whatsoever, so long as such use does not unreasonably interfere with the rights herein granted to Grantee. Grantor specifically reserves the right of passage over the Easement 1 I ATTACE Z QF 5~ RAG Pro ert .Grantor RESERVES AND RETAINS THE RIGHTS BY, TO AND FOR-THE BENEFIT p y OF GRANTOR, ITS SUCCESSORS AND ASSIGNS to ~i} use-the Easement Property far the location, construction, reconstruction, relocation and operation of such Electric Utilities necessary or desired for the conduct of Grantor's development of the Grantor- Adjoining Property so long as Grantor's use of such ground space does not unreasonably interfere with. the rights herein granted to Grantee, which uses will be subordinate to the Grantee's easement rights herein, and iii} construct or place fences, pavement and landscaping on or adjacent to the Easement Pro erty so long as same does not unreasonably interfere with the rights herein p granted to Grantee, and specifically including the right #o place paved driveways and access areas over the Easement Property. It is understood that brick, stone or masonry walls andlor columns shall not be used in the construction of fences within the Easement Properly, and-.any fences placed across the easement shall contain gates or removable panels so that the Easement Property is readily accessible by the City's employees and agents at all times. and that there shall be no longitudinal installation of fencing within the Easement Property. In the event that Grantor, or Grantor's successors and assigns, chooses to locate Grantor's facilities within the easement property pursuant to Grantor's reservation of its right to do so, such Electric Utilities shall only cross the Easement at not less than a 45°angle and no reater than a 90° angle to the centerline of the Easement, there shall be no longitudinal g installation. If such facilities are underground they shall be installed so as to maintain reasonable clearance from any existing or proposed electric utilities, Prior to construction or installation of Grantor facilities within the Easement Property by Grantor, or its successors or assigns, complete construction plans depicting Grantor's proposed facilities shall be submitted to the City Engineer of the City, for approval. Such approval will not be unreasonably withheld. . Any non-approved utility construction or installations shall be at-risk for future adjustment or relocation at the sole cost and expense of the owner of the encroaching facility. Within 60 days after completion of construction of Grantor's facilities, Grantor, or its successors or assigns, shall submit to the City Engineer complete as-built construction plans of the subject improvements. The grant of easement rights hereunder is made subject to any of the following as they relate to the Easement Property: ~i} any and atl restrictions, covenants, easements, tenancies and other encumbrances of whatsoever nature and iii} all zoning laws, regulations and ordinances of municipal and other governmental authorities. The easement for the Easement Property as provided for herein is made on an "AS IS" basis, and Grantee expressly acknowledges that, in consideration of the agreements of Grantor herein, Grantor MAKES NO WARRANTY OR REPRESENTATION, EMPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW as to the condition or suitability of the Easement or the Easement Property for Grantee's easement rights and uses defined herein. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. Witness my hand to be effective as of the day of January, 2009. 2 ATTACHMENT 2 y PAGE30F5 9 Rayzor Investments, Ltd., a Texas limited partnership By: The Rayzor Company, a Texas corporation, its general partner By: Phillip A. Baker, Vice President ACKNaWLEDGMENT THE STATE GF TEXAS § COUNTY 4F DENTON ~ This instrument was acknowledged before me on this the day of January, 2009 by Phillip A. Baker, 1/ice President of The Rayzor Company, a Texas corporation, as general partner of Rayzor Investments, Ltd., a Texas limited partnership, on behalf of said limited partnership. Notary Public -State of Texas Acce ted this day of January, 2409 for the City of Denton, Texas (Resolution No. 91- P 473}. By: Paul Williamson Real Estate Manager Upon recording return original to: City of Denton Utilities, Engineering Department 90 ~ -A Texas Street Denton, Texas 15249 Attn: Paul Williamson i ATTACHMENT 2 PAGE4~F5 k i~ $ ~~~~x~~~ .~c~ ~~u~er~~r~s F.a. Box 54 ~ Lewisville, Texas '7507 4~ce: ~97Z} 22~-439 ~ Fax: (9~2} 221.-~4G75 EXHIBIT A 16' EASEIVIENT 0.€~1 ACRES CITY GF I~ENT4N, DENTGN CGUNTY, T:C~AS BEING all that certain lot, tract ar parcel of land situated in the Robert Beaumont Survey, . Abstract Number 3I, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to ~ayzor Investments, LTD., recorded in Volume I796, Page 6~ I of the Deed Records of Denton County, Texas, and being mare particularly described as follows: BEGI~+tNING at a /2 inch iron rod found at the southwest corner of Lot Block North University Place Addition, Unit II, an addition to the City of Denton, Denton County, Texas, according to the replat thereof recorded in Volume 4, Page IO of the Plat records of Denton County, Texas, said point being in the east line of Georgetown Drive, having a 5Q foot wide Right-of-way' THENCE South 89 degrees 02 minutes I~ seconds East, with the south line of said North University Place Addition, Unit Il, a distance of Z47.4~ feet to a lla inch iron rod found at the northwest corner of that certain tract of land described in deed to the Corporation of the Presiding . Bishop of the Church of Latter-Day Saints, recorded in Volume 414, Page I34 of the Deed Records of Denton County, Texas; '1'HENC~ South U~ degrees 59 minutes S7 seconds hest, with the west line of said "Church" tract, a distance of 1b.0o feet to a point far career; THENCE North 89 degrees minutes l~ seconds west, over, across and through said Rayz~r tract, a distance of 247.48 feet to a point ~ the east line of said Georgetown Drive' THENCE Forth 00 degrees 5 8 minutes 04 seconds East, with the .east line of said Georgetown Drive, a distance of I~.oO feet t4 the PDINT GF BEGI~~NING, and containing D.09I acres of land, more ar less. R'~ ~Y ~ O:l iF9id r ~ • •p Lf f ~ y t ~1~ s ~ ,~'qj ~ Fr j a. r- ; , ~ s 0 ~ 6 i ~f ~flRK r ' ~~4lOE 9•AY ORf{to Lf Jf.4. •4~i} ~`,,t r 7 r iF~ r 4 e` ~ ues ♦t r. 9r ~ ~ ^ rI {q w 4 `O A r'v~ i ~ ~ ~ ~ • t s~ ~ ~ ct ~ y t 4 ip {yaj` c:leity of demon ~0091hwy 380 elec esmt - 60Z4524951dwg12902 i2_~mt2.doc ATT GE 5 ~F 5~ PA LINE TABLE LINE BEARING ~.ENGTH S00'59`57"W ~6.Q0' L2 NOO'58'04"E X6.00' 4o a 4o F~~~ ~ ~ 5 ~ BLOCx "xl" NORTH UNIVERSITY PLACE ADQI~TION, UNIT II VOLUME 4, PAGE 10 a.~. ~RF 5892'19"F 247.49' c.~ 95.57' I.R.F. 18' EAS~4tE~VT - 0.~9t ACRES l~S9~2'19"W 247.48' Q x W ~ ~ ~ ~ SECTION 5, TRACT ONE ~ ~ RAYZOR INVESTMENTS, LTD. w~ VOL. ~ 796, PG. 50~ ~ z (REMAINDERS ~ ~ a a ~ ~o a~~ ~ ~'~a ~ ~ 0 z~~r Q~~ ~ cn w°~, ZU~ . rt J/~ F t r~}r~ ~~-.pr~er..:c+rawaar ra. son. -:.~,.es~~.eaa~:'^y~~ a +sa. ocsaryaa+rrs~•»[a,.a CE 3.1 a~R;r~f Q i = ` ~;'1' ` r ♦y~ py,.. ~ t14 ~ \I d L~p J f s 6 4S is t. U ``hy~hy ~ TJ4 4`~ ~ y.~ r i ~~RR 16'~aserner~~ r ~r r~ ~r~ ~ ~ . ~ a.o~~ ~~~e~ ~e ~ Beaumont Sur~e~, Abst, No. 31 ~'mfessiQ~a1 Lands Surveyor's ~t~ of Denton :~z~-~3~ F~ ,~~~~1-~7s Denton Gount~, ~`exas ~o ~ sc~~ s~~ ~o ~ P, a. s~ Lewxsv~l~ Tex 750t~7 - 2QD9 - Gll~ty oR Denton 2~91HVY ~ E[.EC ~SMT - 6Q245P#95ldrgll2_esnt2d+rg 3/P5/~9 b#d~55 PF4 CDP ~ ATTACHMENT 3 ---4a- ~ off ~•~t~ {~~L✓]i~~ ~ ~ ~ `Gj~ ~,~v a ~ - - - K~..a... r ~ , ~ - - - - - _ Proposed 20' Easeme~{ r~ _ . . . . . - - - _ - = r ASPH,gLT ~ ~ f~ r©posed 20` Ca r Ate- Tranf J ~ 'i X11 f~S~ ,ry-: - . ~ Uct~on Easement A t~~ ~rm~~ ~ ~ ~ ~ a '62~~ _ 75 3 ~I~ 7f ~ ~ ~ ~~~~t~o~ ~ f ~ TAP ~ • {~niv rsitY ; ~IOLIT RKI1V~ CffAJV~~1 CO~I~t~~~' 1~~'~~1~ ~~~~J~C~ ~ . I - ~ 44,3, 1 ~ ~ - i ~ i ~ J f / O i ~ % R' B~~umor~t : - 335, J~~ , ~ ~ l / ' rsit r , / / _ ~ ! f / ~ i ~ f % ~ i ~ f r, i~ /,f f/ 1 j f ~ ~ f j•~ f f~f':~` ~ {~r ~ f, fr , r, ~•'rI f, J~' ~ ~j -7"'^-+...~.•~... f ~ ~ /f 1 ! f~ , ~ f !~J 1• III V ATTACHMENT 4 PR~PL ~ r osal 1?393 P op ?923 East McKinney -Denton, Tx 76208 Proposal Date: 46103109 Phone:~944} 3828850 Customer CRM013660 Fax: (940} 387-0429 page: 1 of 4 SQLD T4: JOB LQCATION: University Center (City of Denton University Center (City of Denton) 1720 West University Drive 1720 West University Drive Denton TX 76201 Denton TX 76201 ATTN: Pamela England REQUESTED BY: Pamela England Starlite Sign L.P. (HEREINAFTER CALLED THE "COMPANY")HEREBY PROPOSES TO FURNISH ALLTHE MATERIALS AND PERFORM ALL THE LABOR NECESSARY FOR THE COMPLETION OF: 6598 Installation labor and materials to relocate an existing multi-tenant pylon sign that measures 21'-6' overall height. The sign has amulti-tenant sign cabinet with a separate "topper" mounted in between 10" square tubes. The multi-tenant cabinet measures 12'-6"H x 9'-6"L. The base measures 37-1/4"H x 147-1/2"L. This price is based on approximate dimensions that must be verified via field survey. This price is also based on estimated engineering requirements for new steel and pier sizes. PRICE: $7,275.40 6598-01 Installation labor and materials to instal! a new baseJcover around the base of the sign. The base measures 37-1j4"H x 147-1/2"L. PRICE: $5,fi25.00 6598-02 Line item includes an estimated cost for the foilowing: Starlite Survey Time, Engineering, Licensed Surveyor Time, Staff Time, Permit Fees, and Drawing Fees required to obtain permits * Starlite Survey Time - $150.00 * Engineering - $ 300.00 * Licensed Surveyor Time - $ 325.00 * Staff Time - $150.00 * Permit Fees - $ 75.00 * Drawing Time - $125.00 PRICE: $1,125.00 ALL MATERIAL IS GUARANTEED TO BE AS SPECIFIED, AND THE ABOVE TO BE IN ACCORDANCE WITH THE DRAWINGS AND OR SPECIFICATIONS SUBMITTED FOR THE ABOVE WORK AND COMPLETED IN A WORKMANLIKE MANNER FOR THE SUM OF: TOTAL PROPOSAL AMOUNT: $14,OZ5.00 TERMS: 50,0% DOWN, BALANCE DUE ON COMPLETION (INTEREST OF 1.5% will BE ADDED TO PAST DUE ACCOUNTS CUSTOMER INITIALS COMPANY INITIALS ~ • _ I ~j. 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' ~ ~ s, r ~ " ~A''~, it ~'E~ I I I _ i.~~~,,p ~ g; ~ . 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 July 13, 2009 4 5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6 present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on 7 Monday, July 13, 2009 at 9:00 a.m. in the Service Center Training Room, City of Denton 8 Service Center, 901-A Texas Street, Denton, Texas. 9 10 Present: Chair Dick Smith, Phil Gallivan, John Baines, Randy Robinson and Bill Grubbs 11 12 Ex Officio Members: 13 George C. Campbell, City Manager 14 Howard Martin, ACM/Utilities 15 16 Absent: Bill Cheek, excused 17 18 OPEN MEETING: 19 20 CONSENT AGENDA: 21 The Public Utilities Board has received background information, staff's recommendations, and 22 has had an opportunity to raise questions regarding these items prior to consideration. 23 24 1) Consider recommending approval of an ordinance authorizing the City Manager or his 25 designee to execute an Easement Purchase Agreement between the City of Denton, Texas 26 and Rayzor Investments, Ltd., and any other documents that are necessary to acquire 27 approximate 0.193 and 0.108 acre tracts for utility easements, approximately 0.191 and 0.108 28 acre tracts for temporary construction easements, and an approximate 0.091 acre tract for 29 electric utility easement, all being located in the Robert Beaumont Survey, Abstract Number 30 31, tracts 101, and 220 as evidenced by conveyance to Rayzor Investments Ltd. by 31 instrument recorded by Deed in Volume 1796, Page 601, Denton County Deed Records, city 32 of Denton, Denton County, Texas; authorizing the expenditure of funds therefore; and 3 3 providing an effective date. (US HWY 3 80 Utility Relocation Project and Amherst Electric 34 Upgrade Project). 35 36 Board Member Phil Gallivan moved to approve Item 1 with a second from Board Member 37 John Baines. The motion was approved by a 5-0 vote. 38 3 9 The meeting was adj ourned by consensus at 10:03 a.m. This page left blank intentionally. s:lour d~curnet~#slmisc~~lar~eousl~~latmos ais.d~c ACENDA► FDRMATI~ SHEET ACEI~DA DATE: July 21, 2009 DEPARTMENT: Legal Department ACN[: Jahn M r Knight, Deputy C1t~ Attarney Consider approval of ~ resalutian of the City of Denton approving ~ change in the tariffs of Atrnas Energy Corporation, Mid-Tex Division ~"Atmos"~ as a result of a settlement between Atmas and the Atmos Texas Municipalities ~"ATMM}; finding that the rates set b~ the attached tariffs to be just and reasonabie; pindin . ~ that the n~eet~ng complied with the open Meetings Act; and declaring an effective date. BACKR~i~1VD ~n March 2~Q, Atmos filed with the City ecretar~ for an increase of about $24 million but the net increase was appraxrrnately $I million due the termination of a charge from the 2407 Rate Review Mechanism of $ mYllion. The Crt~ participated ~n the review of the fling as a member of the Atmos Texas Municipalities ~"ATM"}, a coalition of over f cities. ATM's experts spent almost four months asking Atmas for information and interviewing Atmos' management about various cost-related issues. SETTLEMENT ~n June l0, 209, ATM, lead b~ Connie Standride, City Manager for Corsicana, met with the Atmos' negotiating team. ATM offered to settle far a net increase of million. About ten dais later At~nos agreed to the setklernent offer. For typical residential customers it means that rates would increase ay 1 cents per rnanth. A.TM also agreed to a change in the has Cast Recovery tariff in order to allow certain cam related to financial hedging of gas costs to be included in periodic fuel adjustments. AT1VI also a reed tcr~~~ g change in the Conservation Energy Efficiency ~"CEE"} tariff to allow far conservation measures up to 1,50 per household. This program is limited to senior citizens and customers of modest means r The settlement al~ow~ for less than 18'9 of ,Atmos' requested r~et increase to be in~plenaented. The new rates would take effect Qn Aug~,lst ~ , L.IaaJ r '~J..I~L~~~T~~i ' r `i, 4{ The ATM Steering Committee recommends the adoption of the attached tariffs which have been re~riewed b its rate e~cperts. ~ ~5 Knight ~ti i~: ~1, P Attachments r rti~, `;:4 l . Resolution k . Attachment A , ; r s:lou~ ~ocumen~slresolutions1491rrm ~~~8 ~es~l~rion.doc RESOLUTION A RESOLUTION DE THE C~~ OF DENTDN APPROVING A CHANGE IN THE TARIFFS OF AT1ViOS ENERGY ORPDRATION,IVIID-TES DIVISION" ~"ATOS"} ~ ~ RESULT F A SETTLEMENT BETWEEN ATM AND TIDE ATM TEXAS MUNICIPALITIES ~"AT1VI"~; ErNDINC THAT THE RATES SET BY THE ATTAC~IED TARIF`F'S TO BE JUST AND REASONABLE; Fn~DING THAT THE MEETING C~IILIED wI' THE OPEN EETn~GS ACT; DECLARING AN EFF'ECTIV~E DATE, WHEREAS, the City of Denton ~"City"} is a regulatory authority under the Gas Utility Regulatory Act ~"GURA"} and under ~ ~~.aal of AURA has exclusive origir~ai jurisdiction over Atn~os Energy Corpolration -Mid-Tex Division ~"Atn~os"~ rates, operations, and services of a gas utility within the municipality; and WHEREAS, the Cif has participated in prior cases regarding Atmas as part of a coalition of cities known as the Atmas Teas Municipalities ~"ATM"}, and WHEREAS, pursuant to the Rate Review Mechanism ~"RRM"~ far ~aS Atmos filed with the C1ty Secretary an March , far are Increase in rates of $24,a47,4~ 1 with an offset of $9 million at the expiration of the ~~~7 true-up resulting in a net increase of I5,~47,441; and wI~REAS, for almost four months the experts representing ATM have been ana~y~in data furnished by Atmas and interviewing Atn~os' management; and WHEREAS on dune 2~, 200, ATM and Atvs entered into a settlement agreement which provided far a net increase of million, which will cause rates to increase by 1 cents per month for a typical residential cutorrier; and WHEREAS, the net increase is apprv~imately 17°I~ ofthe total a~naunt requested; and WHEREAS, slight changes were agreed to by ATM to the Gas Cost Recovery tariff and the Conservation Energy Efficiency tariff; and WHEREAS, the Steering Committee of ATM and its lawyers recommend approval of the attached tariffs? set forth as Attaehtnent A; ND, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The statements set out in the preamble to this Resolution are hereby in all things approved and adopted, SECTION . The amended tariffs in Attachment A are hereby adapted to became effective on August 1, ~~~9. i s,~aur d~cumen~slr~solutions1~91rrm X008 r~salut~an.doc ET~~N 3. The ~neeti~g at which this ~esa~utian was approved was in all thin s cand~cted in strict ca~liance with the Texas open 1V~eeti~s Act, Texas avernent fade chapter 55 FTION 4, This ~eso~utian shall became effective from and after its passa e. ETI~N . A caps of this esalution shall be sent to Atn~o 1V~id-Tex care of Joe T. hnstlan, Director 0~ Ratos, at Atmos E~cr~ arportian, 542a LBJ Freewa , quite 1 Sao Y Da11as, Texas 75~04y and to Jim Bale, Counsel to ATII~, at I~errera Bo le, P~,L 81 . Y congress Avenue, u1te 1 ~5 Austin, T 7 S 7~ ~ . PAS QED AND APPRD~ED this the dad of a 1VIARI~ A. BU~R~~JI~, MAR ATTBT: JE~'FR wA~TF~, CITY ~TARY BY: APPI~OD A T~ LOCAL F~RiVI: ANITA BURC~~, C~~`Y ATTORNEY Y: Page ~ i ATTACHMENT A AMENDED TARIFFS I i Y .a.~v~u.w w~.~w r 1~1~~-~'E~C I~I~If~~N R~~[a~~ N~; ~ R~T~ SH~~IlL~; R ~ RSI~~N~`IA~, SA~.~ A~P.~~I~~.~ T~: ~~t~ des~gna~ad ~ `pup on tie C~tiee Sewed [~tst ~~~~~'l ~AT~: ~i~l~ Re~de~d ~n or aft~~ O~IOI20Q9 PAS; ~9 App[~~a~ion ~pplicble to Residentla~ Custorr~ers f~~ natural gas provided at one Point of ~ellvery and measured through one rneter, 1`y~e ' Service here senrioe of the type desired by Customer ~s not already avallal~le at the Paint of delivery, addit~r~ai oharges end specfai contract arran~emenfs between Company and customer may be re~uined prior to service being furnished. onthiy ~ Customers ~ronth~r bii! ~ be calculated by addlr~g the ~Ilav~ring Customer and cf charges to the amaunts due under the riders listed below; ~Y+hL~ h s {4 ~ ~ 4 ~'~ly.~ ki I ~ ~ n d { a ~ ` ~ w ~ rw~s4 Customer Charge ~ Bill T,4~ per rnonth Comn~od~y Charge ~ All cf $~.~D7 par N~cf C~as Cost Recovery; Plus an amount for gas costs and ups#ream traanpor#ation costs calculated in acovrdance with Pad ~a} and Part ~b}, respect~rely, of Rider SCR. leather Norrnali~ation Ad~us~nent: Plus or Minus an arnaunt for weather normalisation calculated in ~rdnce wig Rider tl~l'~A~ date Review Mechanism: Plr~s or Minus an amount for rates as calculated in accordance Frith Rider RRI~f. Franchise Fee Ad~~as~en#: Pius an amount #or franchise fees calculated in accordance with Rider Fl~, Feder FF is only applicable to cus~orners inside tie carpote lir~its of any #ncorporated municipality. Tax Adjusnent: Plus an amount for tai calculated in accordance with Rider TAB. Surcharges: Plus an amount for surcharges calculated in accordance with ~e applicable rider~s~. Ag~eent An Agreement for Cos Service may he inquired, Notice . Service hereunder and the rates for services provided are sc~b~ect to ~e orders v€ regulatory bodies having jurisdiction and to the company's Tariff far Gas Serve. issued By; Da~r~d ~,i. Parr Vice Aresident, Ra#es and Regulatory I~ffairs ~a issued: 4 r. 7 ~T~ EN~RG~' Di~P~TIDN i~i~~T~~ D1~~SlN ~~lai~N 0 I~AT~ CH~DDl.~: ~ C~~lil~#CI~L ALA APpLiC~4~l.~ T~: AID Cities designs#ed as group on tie Cities e~ved List ~F~~CT~{~ D~IT~: ~iiis Rendered on or sic ~8~~~Q9 P~IG~: ~0 App~lca#~Qn Appiica~l~ Commercial Customers for all natural gas provided atone Pont of Deii~re~y and measured through orie meter and ~o lndustria~ C~storners with an average annual usage of less #han ,0~~ Hof, Tye of e~ice lf~here service of the type desired by Customer is not already availabi~ at a Point of Delve , eddi~ona~ charges ands c~ai contract arran emend ~ . g een Cornper~y and Customer may required prior to service bung furn~hed~ I~ont~r Rage Custvrner~s monthly biil gill calculated by adding the following Custorr ar~d ll~cf charges to the amounts due under the riders listed belovr: s Customer Charge per ~~il $ ~ per month Comody Charge ~ Ali lV~c~ $ D~9~~7 per ~cf Gas Cost Recovery; Plus an amount €or gas costs and upstream ~anpotion costs calculated ~n accordance with Pr# aid Part {b~, reperrely} of Rider CCR. I~Veather Nom~altion adjustment: PEus or Minus an amount for Feather norrnali~at~on caicu~at in accordance Frith Rider V~NA. Rate Rev~e~ Mechanism; Plus or Minus an amount for rates as ralcula#ed in accordance with Rider RRllll. Pranch Pee Adjustn~er~t: Plus arno~nt for franchise fees calculated in accordance with Rider ~F, Rider F>= is only applicable customers inside the corporate limns of any incorporated municipality. fax Ad~ustmen~: Plus an arnoul~t for #ax calc~latad in accordance #h Rider T~iC. urchrges: Plus an amount for surcharges caiCUted in aordance with ~e applicable riders}- ~nen# An Agreement for Gas ervioe may be ~`equired, l~vtice Service hereunder and the rates for serrrices provided are pub;act a offers of rgt~latary ~adi~s having jurisdi~#ion and to the Company's Tarif't for Gas Service, sued ~y; David J, Park President, Rates and Regulatory Af#air fiats issued: 1 i ATE ENERGY ~RP~RA~'~~N ~11D-~' ~EIIfS~~f~ ~'f~~N N~: D ~T~ c~li~~~: ~ - ~~lasT~~~~ s~~~ A~Pf~#~1CA~LE T~; ~AiE Ctt~es ~e~~~~ated as uGrap A'r on the Cities served Lls~ E~'~~TfVE SATE: Ei~~ Rendered on o~ ae~ OS~D'~~~0~9 PAGE: ~1pp~~~io~ ~rppffca~fe to industrial Cutaer with a maximum daily usage ~i~~U~ ~fless fan 3,~~ ~il~R~u per day r ai! natural gas provided at one Point of ~eiivery and measured through one meter. service for industfi~a! Customers wig art ~U equal to ar greater ~h~n 3,00 l~fui~tu peg. day wiif ~e pr~v~ied at Comny`s sole option and weir require special cant arrange rents tween Co~tpany and Customer. Type of Service v~here service of the ape desired by Customer fa not efre~dy eveifable at the Point o~ ~effve~, additional charges end specraf conga arrangements be#een Cor~par~y end Customer may be required prior s►rrce f~erng furnished. ~on#~i~ Rate Customers monthly bii! wiif be caicufatd adding tl'~e folbwing Cutorner and M~Btu urges tc the amounts due under the riders listed below: ~ f N .i~ M y ti~ 5. Customer Cl~ar~e per meter 4~~,~a per month Pint 0 il~~tu ~ ~,50~ I~MBttt $ ~.~8 per ~ll~Btu l~ext ,ADO MRtu D, ~ 88~ per l~M~tu Ali ~li~iBtu aver ,0 NIII~Btu ~~a4 per Mi~Stu Gas Cost Reco~rery: Plus an amount tar gas ~ and upstream #ranspartatiorr its caict~iated irr accordance with Part 4a}and Part ~b~~ respectively, of Rider~ . Rate Review Niechanisr; Plus or Minus an amount for ra#es as c~aafcuiei in aacordare with Rider RRi+, Franchise ~ Ad~ustr~en~ Plus an amount tar franchise fees calculated in accordance witi~ Rider PP. Rider only appl~~e to customers inside the corporate limits of any incorporated municipality. Tex Ad~ustmerrt: Plus an amunt ~r tax calculated in accordance with Rider T'. urchar~es: Plus an ar~ot~nt tar surchges ca~CUlated in ~ordar'?ce with the applicable rider{}. Cu~ail~tt ~vecpuii Fee Upon noticatiorr by Company of an event o~ curiment or interruption of Customer's deliveries, Customer wi!#, far each l~iiBtu delivered fn excess oi~ the stated lever of cuilment or interruption, pay . Gomny as of the midpoint prig for the i(aty paint listed in a~1a~s Gas wily published r the appf~able Gas Cey in a table entitled "Daily Price urvey.~ issued ~y~ Uavid Park 1~~ce President, Rates and Regulatory Affairs date I: } t ■ ~ORP~RATi~~d ~~i ~Ar~ ~~i~~uL~: ~~uau~~iAL APPLiAB~,~ `C~s Ail ~i~ies designated as ~~ra~~ are the ~#ie~ served Lis# ~F`i=~Tf1l ~~TE: Bil1 Re~dere~ on yr seer ~p~f~~~ ~episement index I~ the event ~midpain~ or "com~v~ pre for a iCa aunt lisped in ~1a . en#it~ed "r~ ' # • p ~ ~a Da~~~+ r~ the ale e~iy ire purvey r iac~~e~ pubifshed, amny ~r~ii ca~uiate the p licabie imbelanae fees L3ti~~~ ~ ~a~~~ ~I~e~ uOC~t~tN ~ ~ ro ' ~ a by the neturai has ir~ustry end most alase pP x~ma~ng tie appi~ab ~~dex, A~~e~ent An ~gceeme~# for has en~ice mad be re~u~red. No#i~e Service hereunder and the ra#es tar services provided are subject tc~ the orders o~ re u~ato bo having jurisdiction ar~d tv the tom acs 's Tarn r ~ 9 rY dies p y Gas Serv~ae. per~ai ~ondi~~Ons in order #o receive secv'e under Rate i, user must have the type a€ a#ec ~ aired b Cap an , Customer gust pey o~peny ail casts associated ~r~th e a r ~ ~ Y P Y aqu s~#ion and ~c~sta~~a~on at the meter sued ~y* Dev~d J. Pack Il'tcee President, Rates and ~ uia#a Affa~ Dad issued: ~ ATC~ ~NRY ~RPiTIC~Iw R,AT~ C~E~~If~E; T - Tf~I~i~P~R"rAT#~~ AP~LI►~~~~ T~; AID ~`~ties desig~~ted as A" on tie ~~es served fist ~~FE~T DATA: ~itl ~endef on or after ~Q~1~~9 RA G~. 3~ ~t~at~on App~icabie, in the event that mpany has entered inta a Tans#i~n Agrm~nt, to a ~u~oer directly connected to ~ Atmos Envy corp., old-Tex Div~slon. ~lstribion ~yste~n customer fc~r the ~~a~s rtat~on of ail natural as ~ g supped by Customer or Customer's agent at one Po~r~t at Del~ver~ far use €n Cus~ome~'s facility. ~'pe o~ service V~lhere sen~ice of the ape desired by Customer is nct already a~rilable at the Point of Delive addi~onat charges and specNal contract arran ements between C 9 o pang and Customer may be required pricy to Serl~ce being famished. M~n~hiy date Customers bill will be calculated adding the f~liou~ing customer and l~~Btu char es to the amounts ar~d qusr~tities due under the riders listed below: ~ • w.~e - is me•:. ~ customer Charge per Meter ~~5.~a per month First ~ ll~~lBtu ~,~0 i~lBtu per II~Btu Next 3,a~ N~NfStu $ ~.~58~ per I~IMBtu Ail Motu over X004 Ml~tu ~.04~4 per M~~tu Upstream Transportatlor~ host Recover; Plus an amaunt far upstream transportation casts in accordance with Part ~b~ of Rider SCR. Rate Rer~levr Mechanism: Pius or Minus an amount for rates as calculated in accorda~c~ with Rider RRM. Retention Adjustment; Plus a quantity of gas as calculated in a~rdan w~ bider IAA. l=ranchle l"'ee Adjustment; Plus an amount l~or franise fees calculated in accordance with Rider Rider PP only appllca~ie to customers inside the corporate llms of any incorporated rnun~clpaii. Tax Adjustment Plus an amount far #ax caicuiad in acccrdr~ce with Rider TAB. surcharges; Plus an amount far surcharges calcuiarted in accordance w`~h a applicable rider~s~. . i~beiance Fps ~l charged to Customer under this Rate Schedule ill be charged based on the uantities deterrnlned under the app~cabie Trans ortat~on ~ reemer~t a ~ p g nd quantlts gill not be aggregated for an~r Customer w' multiple Trar~spo~ation Agreements for ~e purposes of such fees. fsued ~y: David J, PadC Mice President Rates and R ul bete issued: ~ eg afory Affairs ~ M A~`l~~ ~N~RGY ~RPDI~IUN l~l~-"~~ ~~I~~I~ RE~l~l~l~ ~ 0 RATS ~~Dt!l.E: T ~ TtNP~RT~~`IQtV APPLICABLE T~: Aft Cites desine~ed ~ "ro~up o~ the ~ served EI=F~C~'lVE SATE: B€l Re~de~ed on ~r effar 081~~12~~~ PAS; 34 nfhty t~n~atan~e Fees Custon~e~ shill pad Company the greater ~i~ ~ 0 per ~~g, o~ iii} ~ b~~~ ~f a different er ll~~lBtu batween~ the highest aid lowest #n~~d rice for the Ka ,p p p p ant listed ~n ~1a~s Gas ~arfy m the table entitled ttDa€i~ Sri urv~~" du~t~g sub ~on~t for a i~i~Btu of Customer's monthly ur~ulativ~ lmba~~nce, ~ defined in the eppib~ Transportation Agreement, at the end of each month that exceeds ~ of Cu~to~ner's ript quent~tles far ~ month. Curient Drrerp~rll ~ ~pcn r~oti~cation by Can~pany of an event of c~ailrnent or interruption of Customer's deliveries utonr will, far each 1Ul~lEtu defivered in excess of the Mated level of curtailment ar in#arru iQn a Cornpan~ ~0~°~ of the m 'rnt rice ~ ' ~ ~ po p the Katy point Ins#ed ~n ~#a~ has ~ai~y publ~sl~ed far the appl~ca~le has Cay in the table entitled ~a~l~r Pace purvey." Replacement index In the event the "midpoint or ~`mmon' price for the Katy point listed in Pla~#s has D~i# in tine ta~~e ent~led "ail~t Prime ~rvey" is na lore er ~bilhed dam ~ Y uti ` ' ~ , ~ P ~ parry wail calculate the eppl~cab~ imblanve fees l~~~ng a daily pace index recognized authoritative by the natural has induct and most clasel approx~n~at~n~ tMe ap l~cab#e~ index. y p Agernent A transparta#~on agreement is squired. l~ctlce ervice hereunder and the rates far services provided ire subject to the order ~ regulato bodies having ~urisdlction and to the Com an Tariff far has derv' ~ p Y ice, peci~l Condttlvns ire order oeive serves under Rata T~ customer mist have the ape of meter re aired b om n . Customer must FaY Company ail costs associated with the a q Y ~ u~s3tlon and I~I~2~~lOrl of $h~ meter. issued David J, Park llit president, Ra#es and Regulat Affairs pate sued: I !"1~~~ ~~f~l~l~~~~ i~i~~~ D~ViSiQN r R~~~~1 r~ir ri~~~~~i~ ~~i~~~~~~~~~ ~~~~~i~~ ~~P~CA~~B All ~#iee dignat~d as i`rou~ ~n the Cities en~~d t,~st ~FF~~~ DAB: Ellis Render# ~n or aver ~~1~~Il~~~9 AA: 4 1~~ _ NAF~ ~ UVhere ~i~ i the reie~ant saes quantity for tha nth c~~tome~ In gate schedule. Fllin with nt~i s ~xerciin Sri final ~sd` 'on A part of i# annual ~iling the company wlli ale ~a~ a copy of each caputatian of the leather Normaiiration Ad~ust~ent Facto, ~b~ ~ schedule shoeing the effective date each such feather Noral~zatt~~n Adjus#rnen~ ~c~ a ~chedl~le shvn~ a Factors o~ ~al~,~es used in calculatin such l~I1ea#her No~rnaii~ation Ad'utm~nt and d sand ~ . a ~ ~ om an~~ and at~dlt alr thi~y actual customer bills, nth customer ~ntorma~an deified, far each gate schedule yr classi~catian ~ u~hich the l~1NA vas alp#ied in the ~reced~ng 9 ~ Month period. ~o the ~x#ent that source data needed audit the ANA applica#~an, such da#a will be provided tha company as part at tl~e annual RR~I ~ilr~ . if tine RRl1~ is dlscan~lnued, as pravlded in the Rider RR# ta~ift, the In#orrnation re aired herein to be fed pith ~ enes exercisin o ' final `uri~dictian sh fl ~ ~ 1 a be died on march ~ o~ each gear. Base Heat U i=rac~a . Residential Com e~ci ~ base Diet use Base use Heat use V~eatho Station i~ic#II~IDD ~ ~icflHD~ Abilene a.98 ,~~4~ 9.~4 f~~ Au~n 1.~ ~a.DD .Q~~~ Dallas ~.D 0.~ .~a~8 1~Vaco ~.1~ .0~9 Fa II~~Ch~ta .a~~ ~~.7 F~iis Sam le 1l~NAF ~alcuiaation: ~,a~4a x ~~a-~7~ } ~ pct = ~.~07 ~ {0.~8 ~ {.~~4a ~ ~7~ ~ Vl~here i - Reiden~a~ ln~le Block Rai Schedule Rl = .~7~7 per lCir WFi = .040 Residential - Abilene Area ~seued ~y: David J, Park Vie leident~ Rates and Re ulata ` Da#e Iuedt ~ ry Afta~~ ~1~~ ~I~~ V A~~~,l~Bf~~ Tyr iii dss~gn~ted ~s ~`oup on the itie~ ~erv~d ~.ist ~i=F~~11~~ _ Bids Re~de~ed vn ai`te~ D8l09J~~ PAS; 47 Ni~D ~ ~im~le teyea~ average Aqua! ~iDD fir Abilene Area ~ ~I~ 14~ ADD ~ ~ l HDD ~Rc~ual HDD A~i~ene Aria ~ 9!~ 51~~ ~ ~ ~i ~ t~lcf ~es~ential ~ Abilene A~ea~ issued By; i~av~d J. ~a Dice P~es~d~n~, i~a~es aid i~ u~a~o Aar date tssu~rl: w AT~~ ~N~RY I~POR~4T~tV I~IID-T~ ~I~IItC~N R~Vtsl~i~ ~ iD~R: CR - ~ CST RECOVERY ~P~I~tC~BL~ TU; A!~ Ct~'rea p~ Dallas EFFECTiiI~ OATS: villa Rendered ~n o~ after 81~~~ PAGE: ~8 Applicable ~o Rate R, Rate Ct and Rate ! fOr ail gas sales made by Company, and applicable to Rate R, Rate C, Rate i, and Rate fir recovery ~ Plpei~r~e System s. The foil gas cast recrery amount due determined by adding the gas cost calculated in Section ~a} be#aw and the pipeline cost lcuiated Sedan ~b~ below. The amount due for gas oast ~ectn is determined by mui#ipiying the Gas Cost Recovery Factor ~GRF} by the Customer's mar~thly volume. Far Customers receiving service under Rate R ar~d Rate . rrronthly volume gill be caiCUla#ed on a basis. Fcr Custar~ers receiving service under Rate i, mar~th~y vaiur~e w~i! be ceiouiated on an I~I~~tu basis and the Juan#ities will be adjusted as necessary recover actual gas cosh. Tl~e amount due for pipeline cast ~Sec#ion ~b}~ is determined by mul~piying the Pipeline Cast Factor ~PCF~ by the Customer's rnonthiy volume. Fcr Custonr~ers receiving er~rioe under Rate R and Rate C, . rnanthly volume r~u~ll be calculated on an basin For Outa~ners receiving serrrice under Rate I and Rai T, monthly volume w€II be calculated ors an M~I~tu basis aid the quantifies uvi~i be adjusted as necessary to recover actual gas cots, ~a~ Cos ~ ~let~od of Calculation The monthly gas cost ad~utrnent is calculated by the application of a Gas Cas# Recovery Pear ~GCRi~}4 as determined ~r~th the follang forrnu GCR~ ~ estimated Gas Cost Factor ~EGCF~ + I~econciliafion Factor {RF ~ Taxes ~ EGCI~ ~ Estimated cost of gas, including lost and unaccounted ~r gas attributed to residential, co~nmerciai, and ~ndus~al saes, and any recor~cilitior~ balance of unrecovered gas casts, dirrided . by ~e esi~mated fatal msidentiai, comrnerciai, and industrial sales. host and unaccounted for gas is limited to RF ~ Calculated by dividing a difference between the Actual Gas Cast Incurred, inclusive of interest over the preceding t~velve~month period ended ,lone g and the A~ctuai Gas Oct Billed over that carne #~e~re-n~an period by the es~imad to~~ reicntial, comrneroiai, and indutrial sales far the succeeding October through dune billing months, The interest rate to be used is e annual ~nteres# rah an pvercharges and under charges by a ~tiiity as published ~y a Public tltiiity Comrnlssivn each December, The interest rate far calendar year a~g is ,~9~10, Actual Gas host incu~ed ~ The Burn ~ the tests booked in At~nc ~ner~~r Carp., Mid~Tex Divisian account n~rnbera 80D #riro~gll 813 at~d 858 at the FERC l~nifor~ System Accounts, ir~t~uding the n pa of in~ecng end ~ithd~rtng gas from storage, Also includes a credit or debit for a ou#'af~period ad~us#men~s or unusual or nonrecurring cas'~ ty~lly considered as cosh end a credit fog amounts received as imba~nce Fees or Curtailment pv ul1 lees, Asa includes ~p any p~uden~y interred trat~sactian~~elsted fees, gains ar lasses and other transaction casts associated lss~ed David J. Parr Presiders#, Rates and ~~gu~o# Affairs Oats l~sued: r ~T~~ ~N~Y CRP~14T~N ~~~~a ~sT ~~~~1~~ APPLIA~L~ Ialll C~t~~e ~~Cept ~al~as ~FF~T~1~ D~'~~: BE1 Mende on ar after ~l~1~~ PACE: G uvith the use ~sriaus f~nan~isi ins#rumants tk~at aye execed by the ~omparry for the purpase of price vale#ili#y mitigation. Aral Gas Cost Biiied ~ ~GCF multiplied by the monthiy volumes bailed Residential, Carnn~ereiaf and Industrial aies oustorrs, s the amount a% gas ~ de~ermrned to have been ur~colleibre end w~tten a~ ~Ch rem~~ unpaid for each ~ the reconciliation per'~d, Any amau remaining in the recan~l~tion balance a'~er the cvnaiusion of ~e pe~od o~ an~~atiar~ wild be meintair~ed in the reconciltion balance end included in the co~ection of the next F~F. Amos energy shat! ale annuax ~epor w~h the Commission, providing by rnvnth the f'vllawing ar~OUn~s: ~ t . ~lr~~ln Ul~ntten , T~~ end ether IIL~ntten ~~t Total Iran , . Gas host col#ected and @~argin ~o~lected. T ~ Any statutorily imposed assessments ~or taxes applicable to ire purchase of gas divided ~ fide estimated total residential, oar~mercial, and iustrial sales. ~ AD,I =Any surche or refund ordered by a regulatory authori~r, Inclusive of interest, divided ~y the es~mated total restden~ial, ca~nmercial, and indus~lal sales is to be ino~udeed ass ~ separe line item s~roharge. Pipel~~e Cosh I~lethod ~a~~uiation ~h month, a Pipei'ine host Factor ~PF~ ~ calculated separately far each Pipeline Cost late Mass listed below. The tOrrn~la for the Plw PCF = PP ~ , ~f~e~e: PP ~ - A} ~ where; ~ = estimated monthly cost of pipeline serve calo~lafed pursuant to late ~ = l~ippe~ine se~vlce alloca~on factor far the rate class as approved in the Company`s most recent rate case, as tOllOws: P~ ~~ne os# fie Allan Favor D Rate l~ - I~esidentia! er►ric~e ,~3 Pate - Corneal enrioe , 38~ suad David J, Park lfice President, Ra#es aid R r~lato Aftalra date Issued: ~1M~~~ l~~D~fi~ ~~I~SI01 R~'lI~~~C~N NC: ~ ~1~7~R: G~~ ~ CAS ~~V~Y APPi.~CA~L~ TQ; ~~l ifi~s ~e p~~~a~ SATE: ~illS Rendered o~ or 8f 11~~~~ p ~~i Ike ! - lndustria~ enri~e and ate T -Trans orfa#r~ erne .~~4~5 A A~justmen~ applied ire t curren# pan#h ~o Torre r the di~e~nce ~tween the ao#u ~stima~ed p~pel~ne cos# re~rer~~e of the secan a~ and d preceding month, cal'ou~a#ed by ~e fom~u~a: ~ ~ ~ ~ ~ where; R = Actual revenge received from the ~pplica~~ of ~e PP coy one~~ in #~e econd ` neon#h~ P preceding Actual pipeline coeds fOr the second preceding mon#f~. The ad~u~tment applied #v the PP component in the second Rredln month, ~lm~ted ~ ' 1~~~#u for the ate class for the current billln month, The IMF i calculated h~ nearest 0.4~4~ cent. The Pipeline Cost ~e ~llled is de#ermined ~y mul#ip~~in~ the Mc~ or used ~ th ' PCF. The ~ipfine spat i determin to the nearest w 1 Y ~ appropriate by a cen#, Issued sy: Da~rid J. park dice ~res'rdent Rats data rs~ued: end Regu~ato ~ffarr _ 1 ~'1~1~~ ~1~~ IDS V~ V~~~~~~~~~ ~ 1 ' ~FP~~~1~ ~~~1: Bias tendered on ar ae ~1~~~~0 PACK: ~u s~ Atoms Energy I~id~~Cex is ~raposing #a institute a carnplete Conserva#'ron & one ' . which w~fl older assistance to ualit~ ~ ~f'~~c~ency program q ed customer segment In reducing energy conaum~tion and lowerin eney ot~l~ty btfls. ~`he proposal is one where Atmos finer shareholders ~ allowable ex uses incur ill end ~ percentage of tf~e f ~ annually} with a customer rate rx~mponent prov'~ir~g the remainder ol: the t+ur~ding. Following ~ high-level, concept sumrr~ary of the proposal, Atrna finer lid~Te ` , . proposes to work with the camrnunities ~ sere x f~~v~s~on s to develop the details of a new tariff and programs addressing conservation end energy efficiency. S n s~~ . Vouches syste to pravlde free energy swings n~ate~iafs end su Iles to cal' ire cis m l~I~dwTe~c, (~oaf~~ed Customers ~ ~ g to ers of Atos w~l rice#ve op tp one thqusar~d five hundred dollars ~f,aD~,~~~ v~rth o~ ceuiking~ weatf~e~~s#ripping, sheathing, sealing, water hexer blar~f~ets, related as l~mf~~n end l' materials, other energy avin devices such as cfo ~ g ~ " g1 ~lce tom a 9 ck thermos~r, set back derrECes ~ covered ~terns'~ ppraved suppliers 1 retailers ~ncl~d~ng n~~ labor. Company will undertake efforts enlist support from comn~uni roc s, incl~din i~ Acton P ram to ' ~ ~ , , ~ 9 p g own l~rnplayee , ~ ass~s# cusfomers w~ instaflat~ar~. ff it ~ de#ernrined that pr~fess~nl installation capab~l~#~es are necessary, the parfies will agree on labor esis~nce amounts. iii ibili IWa~r income - ~aw~incurne ratepayers that qualify for healing bill assis#n #hrou h Lll~ offer government ever ecien ram a e g f=AP and y cY pig g nc~e and all agencies that distribute Atmos "Share e V~armth funds. enc~es that allocate assistance funds denote costumer as t,ow income a lasts for one yean status Chet Senior Citizen ~ Primary account balder can request eligibility throe h Atoms call center or ' Cutarr~er prar~des prima N which ~ verified 9 wed-site. hol ~ ~ through Sacral ec~rr~ty Admrnis#rat~on. An account der that ~ or toms fi5 years ofd ~n the year becomes eligible, f=~ndin inftfal annual prograrn finding w~fl be ~ two mifl'ion dollars ~~,p0~,p~~ . Atmos one sha ' contr~bt~#e one m~l~to ~ , ~ y rel~alders will n dollars ~'1,a0~,aa~.aa} #v this ~n~~~at~ve annually w~ ratepayers prvvidin one mil f ion dollars ~ g~Q, D00~ g } per year. It is proposed tl~a# the program operate on an October 1 #hu h epten~ber year, wig regulatory assetll~ab~l~ty account~n em to ed b Atmos 9 be~veen pr m ndin and ui i g P y Y fo tracr~ the di~ence g ~ ~ ng Ingram expenditures. ~o Atmos employee labor will be charged as a program expenditure. lid I'nlnlstr~tior'!: A ~ird-pa~y ~rdrninistrator will caordina~e ~uali~calion of costumers, vauc~er distribud verification and re~mbursen~ent of ell ibis ex n ' an, subseque~ administ g pe d~tu~es and general p~agranr administration. Dram r`at~on expenses will be funded from the annual approved budget, ~ ~y: David J. ~ar~ Dice Presidan~ Ida#e and l~ ~a~ ISSUedf egttfatory Afars r f ~J i ~~~V I 1 111 DIIItfDN ~~w1f ~1~~ +w~ APP~.IA~I~~ T~; III ~I exoep~ Callas F~~T~VE ~~T~# BII Render ors or after ~11O~S pqG~; A~d~ts wii# be provided a!l interested parties w~#hin days of the end of program year to determine e~feIVeness, r~ Atmos shell file an annual report detailing cyst to adrn~niste~ the progre~ in~~uding ~e amounts laid out ofi tha program for ne~Y conversation assisnoe. The report shall also detei~ the number of applicants and expenditures by geography location, including the n~~nhers of appleion rejected and accepted and reason i% re~eoted. The report shall be fled with the ~irectar of the Gas e~~ces Division of the Railyd Cor~rnissian within days of the end of each progra~r year ar~d Frith cour~sei of ~ecard far munlclpalitis served by the id~Tex Division. lsued y: Da~rid ~artc dice president, Rates and ~eguiat~~y Af~irs date Issued: AGENDA INFORMATION SHEET AGENDA DATE: July 21, 2009 DEPARTMENT: Parks & Recreation ACM: Fred Greene SUBJECT Consider a request for an exception to the Noise Ordinance to extend working hours for the purpose of Hodges and Associates, P.L.L.C. to pour concrete paving for the Rayzor Ranch Market Place construction on US 380. The contractors, Mario Sinacola and Sons, need an exception to operate between the hours of 2:30 a.m. and 6:00 a.m., Monday through Saturday, for approximately three weeks between July 27, 2009, and August 20, 2009. BACKGROUND Mario Sinacola and Sons are the contractors for the US Hwy 380 construction from I-35E to Bonnie Brae Street, and will be handling the concrete work for the Rayzor Ranch Market Place on US 3 80. Due to the current trend of 100+ degrees temperatures, it is the opinion of the contractor and TX-Dot officials that the integrity of the proposed placement of concrete paving may be compromised, should pouring of concrete be attempted during normal hours of operation. The TX-Dot specification requires the ambient temperature for concrete placement not to exceed 95 degrees. This would limit the hours of placement from 6:00 a.m. to approximately 11:00 a.m., depending upon the day's forecast; further, the rising afternoon temperatures may jeopardize concrete poured closer to the 95 degree mark. The exception is requested in accordance to Ordinance No. 2009-62, Section 17-20, #f, General Noise Violations: "The erection, excavation, demolition, alteration, or repair work on any building at anytime other than between the hours of 6:00 a.m. and 8:30 p.m. Monday through Friday from June 1 to September 30; between 7:00 a.m. and 8:30 p.m. Monday through Friday from October 1 to May 31; between 8:00 a.m. and 8:30 p.m. on Saturday; and between 1:00 p.m. and 8:30 p.m. on Sunday; provided, however, that the city council may issue special permits for such work at other hours incase of urgent necessity and in the interest of public safety and convenience." RECOMMENDATION Staff recommends approving the noise exception request. EXHIBITS 1. Letter of Request Respectfully submitted: Amanda Green, Asst. Director Parks and Recreation Department Prepared by: Community Events Coordinator MEMORANDUM Z HODGES & ASSOCIATES, P.L.L.C. architects planners 13642 Omega Qallas, Texas 752444579 Phone X972} 387-1a0a Fax (972} 385-8747 E-Mail: sfinnell@hodgesusa.com Web Site: http:llwww.hodgesusa.com P[..t.~. PROJECT: Rayzor Ranch Market Place ARCH PROJECT # 08031-01 L~CATI~N: Denton, Texas DATE: 071 fi109 T0: P. S. Arora FROM: Scott Finnell RE: US 380 Widening Mr. Arora, We are requesting a variance to the City Ordnance ARTICLE 1. IN GENERAL, Section 20-1 Noise. Subparagraph (c), subparagraph (f) be granted to allow the contractor, Mario Sinacola and Sons, extended working hours. If allowed, the contractor will be able to progress the construction in temperatures that are needed to produce the highest quality of concrete paving. Below are further details, including specific dates, times and limits of this request. Due to the current trend of 100 degree temperatures it is the opinion of the Contractor and TX-Dot officials the integrity of the proposed placement of Concrete Paving maybe compromised should this be attempted during normal hours of operation. To further explain the TX-Dot specification Item 360.4 requires the ambient temperature for concrete placement not to exceed 95 degrees F. This would limit the hours of placement from Gam to approximately 11am depending upon the days forecast, further the rising afternoon temperatures may jeopardize concrete placed closer to the 95 degree mark. We are requesting a variance be granted for working hours 2:30am to 2:30pm to commence on or about 27'"July and extend until 20t" August approximately three weeks, this may need to be extended should inclement weather delay progress. Note: Actual days within this time frame may or may not be needed on a daily basis. Below is a listing of equipment to be utilized during this operational period: • 1-Concrete Batch Plant • 1- 980 Cat Loader • 1-150 Model Cat Grader • 10-Mack concrete batch trucks • 1-Gomaco 4000 Model Concrete Paving Machine • 1-Gomaco 2600 Model Placer Spreader Machine • 1-Gomaco Commander III Concrete Paving Machine • 1-Gomaco TC 600 Cure Machine END 4F MEMORANDUM AGENDA INFORMATION SHEET AGENDA DATE: July 21, 2009 DEPARTMENT: Planning ACM: Fred Greene SUBJECT - The Lodge at Pecan Creek (Z09-0002) Hold a public hearing and consider the adoption of an ordinance regarding Detail Plan approval to allow for the development of 192 multi-family housing units, amenity center, pool, passive pedestrian trail and parking on approximately 15.645 acres of land located within a Planned Development (The Preserve Planned Development, PD-132) zoning district. The subject property is approximately 15.645 acres in size. The property is generally located 550 feet east of Old Highway 77, north of Shady Shores Road, south of Lakeview Boulevard and west of Swisher Road. The Planning and Zoning Commission recommends approval (4-0) with conditions. BACKGROUND The proposed Detail Plan includes 192 multi-family dwelling units, an amenity center, pool, passive pedestrian trail and parking on approximately 15.645 acres of land within (PD-132) zoning district. The subject site is located within Area C of PD-132 which permits up to 400 multifamily dwelling units. The Council previously approved a Detail Plan for 192 multi-family units immediately west of the subject property and this site is now developed. Public notification information is provided in Exhibit 8. The Planning Department sent certified notices of the public hearing to 11 property owners within 200 feet and 78 courtesy notices to residents within 500 feet of the subject property. As of this writing, staff received no responses from property owners within 200 feet of the subj ect property. PRIOR ACTION/REVIEW 1. On December 18, 1984 the City Council approved by Ordinance No. 84-180 a Planned Development District for 17.1 acres (PD-88) along Swisher Road. (Z-1694) 2. On December 18, 1984 the City Council approved by Ordinance No. 84-181 a Planned Development District for 49.41 acres (PD-89) north of Shady Shores Road and east of Swisher Road. (Z-1695) 3. On October 18, 1988 the City Council repealed by Ordinance No. 88-166 the approved site plan and conditions applicable to PD-88 and PD-89 and approved a rezoning for 348 acres from Agricultural (A) to Planned Development (PD) with inclusion of the 66.51 acres from PD-88 and PD-89. The newly created Southview Planned Development District (PD-132) included concept plan approval for the entire 414.9 acres. (Z-1861) 4. On August 15, 1989 the City Council approved by Ordinance No. 89-101 an amended concept plan for Southview PD-132. (Z-89-003) 5. On December 19, 1989 the City Council approved by Ordinance No. 89-190 an amended development phasing schedule for Southview PD-132. (Z-90-003) 6. On September 4, 1990 the City Council approved by Ordinance No. 90-126 an amended development phasing schedule for Southview PD-132. (Z-90-003) 7. On November 17, 1998 the City Council approved by Ordinance No. 98-393 a rezoning of 15.088 acres from Agricultural (A) to Planned Development (PD-132). The subject property was east of Swisher Road and west of the intersection of Swisher Road and Edwards Road. (Z-98-011) 8. On November 17, 1998 the City Council approved by Ordinance No. 98-394 an amended concept plan for 427.616 acres within the renamed The Preserve Planned Development (PD- 132). The subject site is located within Area C, approximately 20 acres, which allows for multifamily development. (Z-98-011) 9. On February 6, 2007 the City Council approved by Ordinance No. 2007-031 a detail plan for 10.3 acres of Area C within PD-132 for 192 apartment units, a leasing office and covered parking structures. (Z06-0027) OPTIONS 1. Recommend approval as submitted. 2. Recommend approval with conditions. 3. Recommend denial. 4. Postpone consideration. 5. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval (4-0) of this Detail Plan request, as conditioned. The Development Review Committee recommends approval of this Detail Plan request, as conditioned. EXHIBITS 1. Staff Analysis 2. Location Map 3. Zoning Map 4. Future Land Use Map 5. Detail Plan 6. Landscape Plan 7. Building Elevations 8. Notification Information 9. Site Photographs 10. Conditions of Approval 1 1. Planning and Zoning Commission Minutes, June 21, 2009 12.Ordinance Prepared by: Erica Marohnic, AICP Senior Planner Respectfully submitted: Mark Cunningham, AICP Director of Planning and Development EXHIBIT 1 PLANNING & DEVELOPMENT STAFFAIVALYSIS CASE NO.: Z09-0002 DATE TO BE July 21, 2009 CONSIDERED: LOCATION: The property is generally located 550 feet east of Old Highway 77, north of Shady Shores Road, south of Lakeview Boulevard and west of Swisher Road. APPLICANT: Oakwood Development & Consulting, LLC 7309 Williamwood Drive Dallas, TX 75252 OWNER: Transcontinental Realty 1800 Valley View Lane Suite 3 00 Dallas, TX 75234 REQUEST: Detail Plan approval of 192 multifamily dwelling units, amenity center, pool, passive pedestrian trail and parking on approximately 15.645 acres of land within the Preserve Planned Development (PD- 132) zoning district. The subject site is located within Area C of PD- 132. RECOMMENDATIO The Planning and Zoning Commission recommends approval (4-0) N: of this Detail Plan request, as conditioned. The Development Review Committee recommends approval of this Detail Plan request, as conditioned. COMPREHENSIVE Regional Mixed Use Centers PLAN DESIGNATION: SITE AND Vacant; PD-132 SURROUNDINGS: North: Passive-park and floodplain area; PD-132 South: Shady Shores Road right-of way; Town of Shady Shores East: Single-family detached lots; PD-132 West: Multifamily development, PD-132 BACKGROUND On November 17, 1998 the City Council approved by Ordinance No. INFORMATION: 98-394 an amended concept plan for 427.616 acres within renamed The Preserve Planned Development (PD-132). The subject site is located within Area C, approximately 20 acres, which allows for multifamily development. (Z-98-011) On February 6, 2007 the City Council approved by Ordinance No. 2007-031 a detail plan for 10.3 acres of Area C within PD-132 for 192 apartment units, a leasing office and covered parking structures. (Z06-0027) The subject site is a remaining portion of Area C within PD-132. Area C is permitted to have multifamily development up to 20 dwelling units per acre with a maximum of 400 units. ANALYSIS: Adjacent land uses include multi-family development immediately west of the subject site (PD-132), single-family detached lots to the east (PD-132), passive-park and floodplain area to the north (PD-132) and road right-of way and flood plain within the Town of Shady Shores. Approximately 4.16 acres of the subject property is located within the FEMA 100-year flood plain. All proposed multifamily structures are setback per FEMA standards. This area is proposed to remain undisturbed with the exception of a pedestrian path to connect to the existing passive recreation area north of the property. A Conditional Letter of Map Revision (CLOMR) was approved by City Staff (CL07-0002) and a Letter issued by FEMA dated July 18, 2008 (Case No. 08-06-1317R) for the subj ect site. The site takes sole access from Shady Shores Road which is classified as a Residential Avenue Collector requiring 65 feet of right-of way per the City of Denton's Mobility Plan. Shady Shores Road is currently a two lane road with approximately 20 feet of concrete pavement across the entire site frontage. The proposed development will generate approximately 1,273 Average Annual Daily Trips (AADT) or 111 PM Peak Hour vehicle trips. The proposed development will be served by an existing 16-inch potable water line and generate approximately 38,016 gallons per day (GPD) or potable water demand. The proposed development will also be served by an existing 8-inch sewer line along Lakeview Boulevard and generate approximately 34,560 gallons per day (GPD) of wastewater effluent. The site will be served by Stephens Elementary School, Crownover Middle School and Ryan High School for the 2009-2010 school year. A neighborhood meeting was held by the applicant on May 12, 2009 at Grand Traditions, Corinth, Texas. Approximately 13 people attended this meeting. Meeting attendees raised concerns regarding floodplain maintenance both on the subject site and off site, park areas and the proposed pedestrian bridge connection across Pecan Creek to access the existing trail system along Lakeview Boulevard, capacity of the Post Oak Bridge within I-35E right-of way, conditions of the proposed apartments 15-20 years into the future, screening of apartments from adjoining neighborhoods and security fencing. City Staff, the applicant and their architect attended the meeting as well. Staff and the applicant worked to answer specific project related questions. Several concerns voiced during the meeting were in regard to off site issues. Those issues pertaining to off site development were noted by Staff and have resulted in a comprehensive effort to address through coordination between several City departments including DRC Engineering, CIP Engineering, Parks and Recreation, Streets, Drainage and DME. Comprehensive Plan The subject site is within the Regional Mixed Use Centers future land Analysis: use designation per the Future Land Use Plan of the Denton Plan, the City of Denton's adopted Comprehensive Plan. The Land Use Element: Element 3 states the following regarding Regional Mixed- Use Activity Centers, "For a regional activity center, the focus area contains the shopping services, recreation, employment, and institutional facilities supported by ad serving an entire regional. A regional activity center could include a regional shopping mall, a number of major employers, restaurant and entertainment facilities, a large high school or community college, high-density housing. A regional activity center is considerably larger and more divers in its land use than any other activity center. It includes vertically integrated uses where different uses may occur on each floor of the building." The Land Use Element: Element 3 of the Denton Plan states the following Projected Demand for Residential Land Use Strategies, "Accommodate 27,000 single-family homes and 18,000 multi-family units by 2020 to bring the ratio of single to multifamily housing from 51:49 in 1998 to 59:41 in 2020." The Land Use Element: Element 3 of the Denton Plan states the following Residential Land Use Location Strategy, "Encourage all new development to be contiguous to existing development." The Land Use Element: Element 3 of the Denton Plan states the following Residential Land Use Density Goals, "To achieve environmental goals, deliver urban services efficiently and allow lower densities elsewhere, higher residential density occurs in regional, community and neighborhood activity centers, where it makes sense." The proposed Detail Plan is consistent with the Denton Plan. Development The subject site's zoning district is Planned Development. With Code/Zoning Analysis adoption of the Denton Development Code (DDC) in 2002, many existing PDs were rezoned to a zoning district based on existing uses present. Those PDs that remained are subject to the preceding PD ordinances granted through their approved site plans and conditions. The proposed development is within the stipulated height, FAR, density, setback and other PD requirements for Area C. DEPARTMENT AND The Development Review Committee (DRC) has reviewed the AGENCY REVIEW: request for Detail Plan approval for the multifamily housing development. All the DRC comments were addressed by the app scant. EXHIBIT 2 LOCATION MAP - N~r. r ,y' ~ . ` ~ a Syr i ~ - - , . ~ -1 ~ a~ ~ p. r . 3 ~ r ~ ~ ~ „ ~ f .~I; ,'e'rr .Its v r 'fit m 4- Z s~ ' 4~ r ~k Kp 1 ~ ~ r _ b -I - - ~ _ I _ - - _ _ _ ~F 9 y R ,r. . . - 1 ~ ~ i l 1 ~ - ~ ^ . ~ I ,l - - - - - - i • 0 s~ ' R"' - ~ r ~r _ ' I ~ _ ~ ' 'iii ~ ~ _ v ~ m 4 ~ 4 b ~ K ~ ~ Site ~ . - r - ~ 1 k i., ~ ~ ' ' I Y • ~ - i l f K ~ v. ~ ~ ~ ~ - ~ ~ 1t ~ r - f~ t ~ '7} ~ M1 - ~'~w rv~ s . - -(~,~y r~ T s r ~ 4 i .r g _ v } ~ L , ~ r s ~ r h i ~ r ~ - ~ f t a y ° - . "'T ~ ~ 7 ~ v i i ~,tiL ~ ~t 1 it ~ i„14,.~ F=y A rF ~ , ~ i 1. i i ~ ' ~ ~M i b~ ~ ~ - - w . 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I ~ m Y ' m~ > ~ I h..- ~ ~ - ~ EXHIBIT 8 NOTIFICATION INFORMATION J~~ f. ~_I / _ _ ~ - / r' k ~',y L tl4 y. f it r J' rf f f r~ _ , , SITE I }4 I i yl 5 _ ``r ~ ' s , ~ 4 'S E i 4 4 1 ` 1 ~ Public Notification Date: 6/ 1 /2009 200' Legal Notices sent via Certified Mail: 11 500' Courtesy Notices sent via Regular Mail: 78 Number of responses to 200' Legal Notice ■ In Opposition: 0 ■ In Favor: 0 ■ Neutral: 0 EXHIBIT 9 SITE PHOTOGRAPHS Dq . G,~'i ~ ~A - ~ . 1 ~ K ~ ~ •b~ ~ ~.7 G 1_ ~ ~l..' a . ~ Y A , , y ~ .k...M-1~r• 't r 7 '~I f 4{i'1~~_t^iii//Y~~' ~u^ _ ~ `~,.'~II``rr ~~yy ``~ffV~++~,~17fpp y~~yWW~ ' ~ ~ }.:`ly: fit: rili9.:. r ~ .:...a l~f~7l ~1'PI'Mf~PV'A ~ - ~ r- ~ ~.i III ~ I ! I 1 S~ ~~m ~ ,r~ q t ski ,,x `~n~ ~ ~J~`"" , ~ , ~,1; a vyP~l' ~I c. ~ 4 p ♦ ~ T e i4~ `4, ~ ~ ~i' 'k~ _ '~M''~ r ri' ~4'~' ` bra p ~ y ~ z ,,A~ y ~ ~y~ yrt yr _~rY _ y ~~~M ~ ~M ; ~ F~ Y r- A4 I. ffi..1 ~ fit, ,I ~ 1y 1 .r'~ F! A ~ e fir` w ~ 8 ; ~ _ F r , , ~ ~ ~ ~ ~ # ~ d ~ ~ } it it.p"~f5 ~ - - / w fix, .y,~ ~ ~ ~ ^ ~ 1 ~ ~N1 ~ .i ~ . .,~t. Northwest from Shady Shores Rd. facing the site n ~ X41 a ~F~ ~:1 ~ ~ {~~y~~ z ~ ~ ~ ~ s. I - a r s~ r d 'j yp w1'°7 1 # 1 n c.'°~ . fir. ` ~ ~ ~ f ~ ~ ` r r y . ' . 4~ r ~ ' , J f ~ ~ ~ , R~ ~ R r a I€ . 5 k 'b~ ~ ~,~^4~ ~ ,7 ° ~ ~ rA_ ~~Y+,n' e. ~ - ,y ~ ~ m 1, ~F y 1~, Y, rye. y ~a a4. ~ 5 4 ~ , rv r , , - - .y r r i- y x++ -f ~ y ~ 1' i ~C yV ` p - ~ ~x , ~ i n ~ i ~ '~Y t"~'~ a I of ~ i' ~ R ~ u a b e .a~. °1f x y y~~ ~ I~ r ~ ~ ~ , ~ ~ pmt R ~ ,y~ '1 ~ i ~ ~ ~ ~ er 7 ~ ~'x~F ~ ~r ..a~ ~ M~ ~ ~t~~ au i 1 S ~ ~ ~ . t- it a. r A~ _ ~ ~ R ~ R i 1 ~ ~ ♦ x~, {~'s i a IR~'r ~i~~ at~~,~~~. ~ .M~ ~ ' ~ y~i~, ~'F'~ 51/~ ~ h i § ~ ~ ~ 1 1~~ "11 t ~ ~R - ~,o~ ~ a r 3 xa~~, 'r r wxr~ 1 North from Shady Shores Rd. facing the site ,r, A . 1 ~ ~ A i ~ a ~ r , ~ + _ n, ~ d P'' ~ ' . J - ii. 'iw ~Tl' , , I . ' e. I~ ^ ~ a, s ~ L n l~ i R ' , ~ y 2 1.. ; _ ~ 1, ~ - ~ , Northeast from Shady Shores Rd. facing the site ~ ~ ~ are 5 yyi 1' ~ e k ,.d+ fi,. s v ry i a ~ W ,yx ~~F erg p ^A ~ ~ ~ P~ ~ ~ n~ 4 E ~ n ~ ~ ~ ~ "L` A .i, ,~~'C~ tl ~ u "h ~ ~,i ~ .ill,,, :.r 1 t v u r r ~ ~ ~ . ~N. ° ~ ~ ~ ~ p ~ ~1 1~ ~ ~ i ~ ud b b R~ T' y~ ~i ~ a i~ S Ay ~ ~ a~• T~E~ w ~ T ~ j'a~ ,ray ~ ~^~y~ ,~".a ~ ~ ~1i~ ~ ,fix ~~y~,~~ ~y~'~{ d ~h j ; T ~ r; ~ I ~ ' I u _ .F "~y~ P ~Y v~ a ~ ~ s h 4. ~ r~ ~ ~ ~ M ~ A ~R,~. Cemetery driveway east of the site EXHIBIT 10 CONDITIONS OF APPROVAL 1. Z09-0002 (The Lodge at Pecan Creek) Staff recommends approval of Z09-0002; subject to the following are conditions of approval. 1. The maximum number of dwelling units permitted by this Detail Plan shall be 192 multifamily dwelling units, an amenity center, pool, passive pedestrian trail and parking on approximately 15.645 acres of land within Area C of PD-132. 2. The applicant shall provide a 6 foot tall wrought iron style fence along the perimeter of the 15.645 acre site, outside of the mapped floodplain. ~ CI~IAIRMAN 1~ATI~INS: okay, Eet's move now to i current Code standard of the Denton Development Code. ~ public hearings, Public hearing 5A, A detail pin to ~ The proposed building elevations meet Code standards. 3 allow for the development of 192 multifamily hauling 3 They're proposed to be three stories. 4 units on property located within the Planned 4 Several of these photos were taken during a ~ Development. The Preserve Planned Development, PD 132, ~ recent site visit iron, shady Shores Road. You can see 6 Zoning District, That's Erica. ~ it's heavily treed. Several photos were actually taken a MS. MARDWNfC: This next request is for ~ from the single-family estate lots, which are further S detail plan approval. It's on the same site, The lodge S east ofF of Swisher Road facing the like just so you 9 at Pecan Creek. And this request is for 19~ ~ could see that the development iS already adequately io multi~farnily dwelling units, which includes an amenity ~o screened from view. You can see some of the rooftops 1i center, pool, and possible pedestrian trail and parking from Crape I+~yrtie and Crass Vine at that intersection, l~ within the PD, Planned Development I2 Zoning District. t~ But the majority of it is screened. ~uh~ect site, as previously mentioned 11 legal notices were sent out, and 77 during the variance presentation, is also located within ~4 courtesy notices were sent out on dune ~ have Area C of the PD's concept plan. Subject site is iS received no written responses, I have actually received located feet east oi: ~Id Highway 77 and north of r~ no phone calls regarding this project. The applicant Shady Shores Boulevard south of I.a~Ceview Boulevard, The did bald a neighborhood meeting on May 12th In Corinth. ~8 xoninc~ is PD 132, The future land use cakegory is f The original meeting was canceled due to the swine gu, ~9 Regional Mixed-use fienters. 19 1t was to held at Pecan Creek elementary Schaal. The subject site zoning district with the ~o And at that time, we had a fairly goad adoption of the De~rtnn Development Code was maintained. turnout. Most of the attendees had several questions 2~ This PD was actually granted hack in tl~e mid 1g80's. regarding this project. They wanted to know about ~ z~ 198, ~98b. And over the years has been enlarged and screening, security, fencing, the condition of the additional acreage has been included. And back during apartments in ~a to 2D years. we had goad stafF ~ 2U~2 when we adopted the Development Cade and did a turnout, as well. And we hope that we addressed a lot ~8 hg i city=wide rezoning, this portion maintained its original ~ of their questions and concerns, 2 zoning. ~ During that meeting a lot of issues were 3 Now, the Site plan and the concept plan 3 brought up by ccrrrent residents of tf~e Presefve that r`rad ~ approval are based on existing uses that are present, 4 to do with existing development. And we took the time ~ those PD's that remained, or existing to proceeding P ~ to write dawn their questions and concerns, and we're G ordinances' errtitle~nents. ~o this request has been G working internally to address who could help them with 7 evaluated against the existing ordinances for this site. ~ these concerns. A lot of it is going to take some ~ The proposed development is within the 8 research on Planning staff s part ar~d Engineering 9 stipulated high floor area ratio density and setback 9 staflas part. And we hope to get back to them and ~o regulations and other PD requirements. 1t also meets is address some of those issues. But they were i~ current regulations fro, Iandscap+ngr pervia~as and i~i~ predominantly not related to this muiti+fami#y i~ irrtpervious surface ratios. i~ development. 13 This is the proposed landscape plan. As 13 CHAIRMAN VIfATKIt►t: Dkay. 14 you can see and as previously mentioned, a large portion ~.4 MS, MAR~~INIC: The Development Review 15 the eastern part of the A~perty this is north to 15 Committee finds ti~at this project is consistent with the 16 the right is within floodplain. And this area is ~G Comprehensive plan, the Denton Development Code, and the heavily treed. That area is kv rerrrain predominantly proceeding ordinances and is recommending approval of ~8 undisturbed except for a bridge crossing where culverts 18 this request as conditioned. And the conditions we ~9 will be put in place so that access to the upland ~9 have two conditions of approval. And I'd like to take 2O po~ivn further west on the site can be made by 2~ some time to read those into the record since those were residents, and so they can build out there. But mask not part of the original backup material. ~2 af' this area and all of those trees wit! be preserved. 22 Condition No. 1: The maximum number- of Z~ Further north on the site you can seethe dwelling units permitted by the detail plan shall be 192 ~ floodplain along the eatem property line. Those trees multi-farrtily dwelling units, an amenity center, pool, ~5 will be preserved. And landscaping currently meets 25 pedestrian trail and parking on approximately ~5.G~45 ~r aNNlN~ ANrI 7n~rrNr C~[]~I4AAES.~~{7~1 .iUNi=1~. 2049 P~QB 5~ to 5D of ~ ~ 2 f G1 63 i acres of land with an Area ~ of PD i.3~ as shown and i they're wanting to go in is right beside the graveyard. ~ described Exhibit 5. ~ And tv preserve that y- it's a h~stvrical marker, also. ~ In Condition No. 2: The applicant shall 3 That's the old Shiloh Cemetery out there. 4 provide asix-foot tall wrought iron-style fence along a CHAIRMAN wATKINS: Yes, ~ the perimeter of the 15,45 acres site outside of the ~ MR, SMITH. Yeah. And roy concern is for G mapped floodplain. ~ that --the wellbeing of that and leaving that alone ~ That concludes my presentation. I'll now ~ Next would be drainage. when you put that ~ stand for any questions. ~ mach that's Pecan Creek What they're showing in 9 ~ CGMMISIC}HER KING: I had a ~ those pictures there, where the driveway is wanting to ~0 CHAIRMAN 1IVATKIN: Commissioner King? i~ go across with the bridge is Pecan Creek. And it rise 11 CDMMIIONER KING: Any ideas a5 to 11 quite high going into Lake Lewisville anyway. And so 12 screening other than a wrought iron fence? I mean, what 12 the drainage going down thereon that already small 13 suggestions did come up? Or what has been worked vn? is creek my concern would be, as a resident there --and Cr what has been suggesd or approved? i~ then tl~e houses over them in the flaodplain. When you t5 M. MAROHN~C: The preservation of the i5 add that much drainage going into a small creek already 16 floodplain there's approxirnately 4,1 acres of the i.6 from the apartment cpmplexas because now it's going to 17 ~,5-acre site that are in the floodplain and are heavily 17 be flat and running off. And where would that water run is treed. And that's all to rernain. They're not going tv ~s to would ~ a great concern. ~9 disturb that area. 19 Next would be the trafiic on tf~e bridge, of ~o CGMMI~IDNER KING: I couldn't hear the 2D coarse. Would there be any considerations from the zi last part of what you said. Zi developer an helping us with the bridge? Ylfidening the zz M~. MARQHIVIC: They're not going to disturb bridge? Stop lights there at the corner of Pecan and z3 that area. They're not going to clear the flovdplain. ~3 w~her? They're right behind Bill Utter and stuff, 24 CC~MMISION~R ICING. They're not going to ~4 That's quite congested as It Is right now. And you add z~ clear ~5 another couple of hundred people niinirnurn there that's ~2 i M. MARCHNIC; No. going to be quite a tall on the people there with ~ CCMMISIONER KING: the bottoms of the ~ getting in and out, 3 trees? 3 And it=s already it was bad before the ~ MS. MAR{~Hf~IC: They may do some underbrush ~ first apartment complex came, It's worse now. And then ~ clearing, but the actual trees will not betaken down, 5 yvu have the school. a since we came in we got the ~ C~MMISSI~N~R KING: Dicay. G school and then an apartment complex. VIle're nit 7' CHAIRMAN WATKINS: Is the applicant here? 7 begrudging. ~fe're haPPY to have everybody. But the 8 MS, MARDHNIC: The applicant is also 8 traffic across there. You know, there's mare than just ~ present for any questions. Okay. 9 putting saying it approves. o if y'all would may CHAIRMAN 1iVATKIN okay. Any other 1o consider all of those, I would appreciate it. ii questions? Okay, 1~eil, let's open the pubi+c hearing C:HAIRMAI~ WATi!QNS: o~ay. Thank you very 12 then I have two cards. i~ much, I have a card from Terry M€Iler, i3 Don smith, please cone to the microphone 13 MR. MILI~R: Good evening. My name is 14 and give us your name and address, please, sir. i~ Terry Miller, and I'm at 134 Chaparral in Shady Shores. 15 MR. SMITH: Hello, Nty name is Doi Smith, i~ I live directly behind Don who just spoke. We are in Itm at 481 Cross Vine Court. i~ the 500 feet courtesy area. i~ The pictures you saw there were taken from i7 My concern Is about the cemetery. It ~ a 18 street level in front of my house looking over there. 18 historical markar, And the driveway will be right i~ And if you were at the housef it looks quite a bit 19 beside it We're very concerned about having that ~D different actually than where you would see from the 2Q preserved. Vve're concerned about s0 many apartments zi street level, The things I would ask of you to consider ~i being right there on the road, having access to that, 2z would be the graveyard, number one. That's a historical z~ We just don`t know what's going to happen to the ~3 marker, z3 cemetery. So ~ would ask that you take that under 24 And as yvu saws where they're wanting to go 24 consideration. in and I'm not privy to a lot of things. But where Also, again, on the trafhc, we have a of e~a~iwr_ a~~ ~nwiur: rn~u~i~c~nw ~an~ Page G'I f4 of ~ j ~ ■...vvn~~r~~vvava• 1 Ld'717171&1V+xarar~vMVON ~7~ 1 one-lane road bath directions, Arid we Dave quite a bit ~ MR. ARORA: Yes. ~ of traffe since the new apartt~ent COCnpiex d!d come lrl. ~ CHAIl~MAiti! WATKINS: yveil, that's your 3 So that is samethir~g that uve need to take under 3 answer. 4 consideration. It's difficult to get out in the morning ~4 COMMISSIONER THI3MAS: That's my answer. ~ when you're trying to go to work. ~ Thank you. I appreciate it. G Another thing that I ask you to be 6 CHAIRMAN ATI~INS: !~y concern is the as ~ considerate of is the is 'the screen. 1Ne moved to ~ they were pointing out is the cemetery Shiloh 8 Shady Shores ~ couple of years ago to be out iR the 8 Cemetery, If that is next tc3 it, I feel very strongly ~ ~ country to have the wildlife and the nature around us. 9 that these things R- we'll have to do uwrhat we can to i~ It's all being destroyed. So I'm very sad to see a!l of 10 preserve that. I apparently, that's oat in the works 11 this disappear. a have same remarkable wildlife. And 1~ here, But that bathers me a great deal. 1~ it's very, very sad, 12 CO~IMISSION~R THOMAS: That is on a but s3 Aisa, proper#y values in this area. Mast ~3 it is a separate piece of property. ~!4 of the homes in Shady Shores, which ~ right next door 14 CHAIRMAN IIyATKINS: Yes. 15 I mean, this complex is In the southeast corner of COMMISSIONER THOMAS; So and there's 16 Denton City. It`s surrounded by Corinth and by Shady iG CHAIRMAN WATKINS: They said there was a 17 Shores. The properties in Shady Shores these homes 17' historical marker there. I don't know what protection t8 are around $31~0,Q~0 and up. I mean, they're atl we 18 that gives it, Hopefully, it dues. all have land. And we're very concerned about COMMISSIONER THOMAS: 1t this access is za maintaining our property values. That's it. Thank you. cafnpletely on the applicant's property, Sa I don't know ~1 CHAIRMAN Vli'ATICIN: Thank you. I believe ~1 that there's any legal recourse there. That would tier that's ail the cards I have, Is them anyone else that obviously, for staff. Legal, in particular I'll throw wishes to speak on this items Anyone else that would ~ you under the bus, ferry. ~4 like tD speak for 0~' against the item? 24 MR. DRAKE. I don't know how to answer as All nighty. i'1l close the public hearing. far as, you know, the histarica! marker is concerned. ~8 ~ Discussion? Yes, ]ay? i The issue with, you known the separate properky, I 2 COMMISSIONER THOMAS: Mr. Chairman, i ~ mean, that's absolutely true. I .mean, the case that's 3 rernefnber a iitti'e over a couple of gears ago when we saw 3 befOr you tonigtrt is vn this particular bt in this ~ this the last time, I believe they were doing some work ~ particular development. 5 on the overpass, and there are some projects slated 5 CHAIRMAN WATKINS: Anything else? Any ~ through the state. Obviously, the City has no control G other discussion? Motion? 7 over the state, But from what we were told by, I 7 COMMISSIONER THOMAS: Mr, Chairman, based S believe, Engineering at that time forgive me. I 8 upon the fact that we approved a PD far this well; 9 don't have perfect recall after two years, Or maybe 9 not me. I think you were no. You weren't even on is two days, But there is a project that's slated far the iQ P&Z when the PD was originally approved. 11 State ~0 widen that badge, ~S ~ recall. And I'd like ~1 CHAIRMAN 1NATICINS: No~ Nat when tl~e iaD's 1~ to I'd like to hear from Engineering if they've had 12 went through. 13 any further word oR that. t3 COMMISSIONER THOMAS: Yeah. but because 14 CHAIRMAN 1~ATI~NS: Very goad. 14 there is a precedent on this with that PD, they're 1~ MR. ARORA: You are referring to the bridge f~ operating within their property rights. I don't see 15 p~ 35 ~6 that wt' have I mean, ~ want to See that the cemetery ~7 COMMISSIONER THOMAS; Yes, sir. 17 is preserved, too ~,S MR. ARORA: and post Oak and Lakeview 18 CHAIRMAN 1IUATKINS: Sure, f9 Boulevard were that comes ire? host Oak is the same 1~ COMi~+1I5SIONER THOMAS: obviously. And I thing. Only thing we have so far from TxDOT is am concerned about the individuals' access ta, you know, 21 schematics. That bridge is supposed to be an eight~lane major routes of transportation. Andy yes, i understand bridge with u~tu~rs northbound and southbound when it's that we don't know when the state's going to dv it. But ~3 ~~fpaCl~e{~. Tlmellf~~, Z d0 I~OI< know at thls tlrr~e. ~3 we l~f~l~ of have a l~tle b!t Ol+ a SII:U~tio~ h~r~, t0~. ~ COMMISSIONER THOMAS: Vyhen funds are ~4 5o based upon that, I reluctantly move approval. ~5 available? CHAIRMAN VyATKII~S: I would reluctantly P1 ANNIN(~ Ar~❑ l(~N~rdG C[]MAAiSSIC]N JUNE ~7.2~~9 ~p~ ~ ~D D~ ~ ~ ~7 ~ second. but appears that there`s not anything that t ~ we carp do to make it more palatable. Please vote arr the ~ ~ bawd, dour to zero in favor. ~ ~ ~ S ~ ~ ~ ~ ~ S ~ ~ ~ io zo it 12 13 f3 i~ 1~ 15 iB 16 ~7 1~ i~ 18 ! ~9 7D 2Q ~1 21 Z3 ~ ~4 Z5 7~ 7~ 1 ~ ~ ~ 3 ~ 4 ~ 5 ~ fi ~ ~ S ~ 9 ~ . 1~ f0 11 ll t~ 1~ 13 14 14 15 1,~ 1~ 1~ 19 1$ 18 ig 19 21 Z2 2~ ~3 ~3 24 ~5 nn~~~wr; awn ~~ti~~r~ r:n~a~i~s~nw ~u~~ 2a~~ P~~e fig ~o of ~ ~ 2 1 4/ AI +1 •~F~Y r •~~v v~rr ~ ~ N:1.' ~ ~ s:lour docurnentsl~rdir~~tace~1~91~~~-~OO~.~oc . ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEAS, APROVIN A DETAIL PLAN ~TO ALLOT' POR 192 MULTIFAfLY HOUSING UNITS ON PROPERTY LOCATED WITHIN A PLANNED DEVELOPMENT THE PRESERVE PLANNED DEVELOP1ViE~T, PD-I32~ ~ONnv DISTRICT COPR.ISnv ~ . G45 ACRES IN SIDE BEAN LOCATED 5 ~ FEET EAST OF OLD HIHA.Y 77, NORTH OF SHADY SHORES BOULEVARD, .SOUTH OF LA.~EVfE BOULEVARD AND BEST OF S~VISHER ROAD;. PR~VIDIN FOR. A PENALTY IN THE NI AIVIOUNT OF FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFEOTIVE DATE. ~~~~-0002} HEREA, on December IS, I84, the City Council approved by Ordinance Na. 84-180 a Planned De~relapment District for 17.1 acres BPD-SS} along Sv~isher Road. ~~-194; and ~ERE.AS, an December ~ 8,1984, the City au~cil approved by Ordinance No. 84-181 a Planned Development District for 49.4E acres BPD-S9} north of Shady Shores Road and east ~f Smasher Raa~d. ~~-195}; and . WHEREAS, vn October ~ S, ~ S 8, the City Council repealed by Ordinance No. S 8~ 1 b~ the approved site plan and conditions applicable to PD-8~ and PD-S9 and approved a rezoning for 34S acres from Agricultural ~A} to Planned Developrrient BPD} with inclusion of the . I acres from PD-~S and P17~89. The newly created Southviev~ Planned Development I~ist~ict ~PD~ 132} included concept plan approval far the entire 414.9 acres. 1 ~ 1 and WHEREAS, On August 15,1989, the City Council approved by Ordinance N~. 89-1 ~ 1 an amended concept plan for Southviev~ PD-132. ~~-~9-003}; and ~-IEREAS, On December 19, 1989, the City Council approved by Ordinance No. S9- 19~ an amended development phasing schedule for Southviev~ PD-.132. ~~-90-~~~~; and WHEREAS, On September 4,1990, the City Council approved by Ordinance No. 90-1 ~ . an amended evelapment phasing schedule far Sauthviev~ PD~132. ~,~-90-~~~}; and . WHEREAS, On November 17, 1998, the City Council approved by Ordinance Nu. 393 arezoning of 15.88 acres from. A.~,cultural ~A} to Planned Development ~PI]~132}. The subject property eras east of Swisher Road and west of the intersection of Swisher .Road and Edwards Raad. ~~~98-011 and WHEREAS, On Nove.ber 17, 1998, the City Council approved by Ordinance ~o. 98- 394 n mended concept plan for 427,I acres within the renamed The Preserve Planned Development BPD-132}. The subject site is located within Area C, appra~in~ately 2~ acres, which allows for ~nultifarnily development. ~~-98-011}; and . WHEREAS, On February G, 2007, the City Council approved ~by Ordinance No: 2007- ~3I, a detail plan for 10.3 acres of Area ~ ~rithin PDy132 for 192 apartment units, leasing office and covered parking structr~re~. ~~0~-0027}, and i ~EREA, ~ak~vood Development Consulting, LLB, has applied for approval of Detall Plan to llQ~v far 1 multifamily d~rell~n units, amenity center, pool, passive pedestrian trail and parking on approx~rnately I~'~4~ acres of land within the preserve Planned Development BPD-l~~} zanin district, legally described in Exhibit "A", attached hereto and incorporated herein by reference the "Property"~ and as defined by Exhibit attached hereto, . and incorporated herein by reference; and HEREA, on dune ~ ~7, 2QQ9, the Planning and honing omission concluded public hearing s required by lam, and recommend approval of the requested Detail Flan; and ~HEREA, the pity ou~ncil finds that the Detail Flan is consistent with the Denton Flan, and chapter 35, Article ~v, of the Denton Cade, as well as the previously amended oneept Plan; N~'L~, 'rHEREF~RE; THE ~t~NIL ~F THE CITE F DE'T~N I~E~EBY ~DA.IN; ETY~I~ 1. The findings and recitations contained in the preamble afthis ordinance are incorporated herein by reference and found to be true. ET~~~ . The Detail Plan, attached hereto anal incorporated herein by reference as Exhibit "B", is hereby approved for the Property, subject to the following conditions: 1. The maxirnu~n number of dwelling units permitted by this Detail Plan ~ shall be 1 multifamily dwelling units, an amenity center, pool, passive pedestrian trail and paring on approximately 15.G45 acres of land within Area of PD-1 ~Z. . . The applicant shall pravzde G foot tall wrought iron style fence along the. perimeter of the 1 ~.4 acre site, outside of the rriapped floadp~ain. ECTID~V If any provision of this ordinance or the application thereof to any person or circurnstanee is held invalid by any court, such invalidity shall not affect the validity of other . provisions or applications, and to this end. the provisions of this ordinance are severable. ETI~N 4. Any person violating any provision of this ordinance shall, upon conviction, be Fined a sum not exceeding Z,O~~;~~. Each day that a provision of this ordinance 1s violated shall constitute a separate and dlst~nct offense. ETI~~ 5. This ordinance shall become effective fourteen ~ 14} days from the date of its passage, and the pity secretary is hereby directed to cause the caption of this ordnance to be published Mice in the Denton record-Chronicle, a daily newspaper published in the pity of Denton, Texas, within ten ~ 1 a} days of the date of its passage. l PASSED AND APPROVED i~ the dad of , . MARK A. BURROUC~S, MAYOR ATTEST: . JENNIFER A.~TERS, CITY SECRETARY Y: AFPROED AS TO ~EGA~ FORM: . ANNA BURGESS, CITY ATTORNEY J~ .~f J' i i i i E~~lb~t A ~ ~ ~ i~ Vii: ~ ~ ~ ~R ~ ~~r~ s ~ 'tea ~ ~ ~ ~ ~~r~ ~~~~4 ~ ~ ~x ~ ~ ~ ~ i Exhibit B 'xse':~xav 'nK':'~ac' ran"dr' ~ ~ ~ b . b" Y. o1S M F ~ 6! 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"ov r,.,>::«>~~:, tt,d :;i tex::i .r":w.w ;Mx6,'~8>Yo-<>< _ totxo-xt r>:.t x:s r»., x.: t:....r..,...:..:..~. .,.s > w,>,.," t„",",,.,~ .,u,,, ".":R...,..,w. >,,.,t,...:.r" , RYA RHi~ ":;a<, t , 7..~,.,..,... t.. . . . ~a,>-k ~-r~~ i AGENDA INFORMATION SHEET AGENDA DATE: July 21, 2009 DEPARTMENT: Planning and Development ACM: Fred Greene SUBJECT - 509-0002 (Villas at North Lakes) Hold a public hearing and consider adoption of an ordinance of the city of Denton, Texas, approving a Specific Use Permit (SUP) for forty-six (46) attached and fifty-four (54) detached single family dwelling units on approximately 30.7 acres located within a Neighborhood Residential 3 (NR-3) zoning district on the southwest corner of Hinkle Drive and Windsor Street; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (509-0002) The Planning and Zoning Commission recommended denial of this request (5-0). BACKGROUND: In accordance with Section 35.5.2.2 of the Denton Development Code (DDC), single-family detached dwelling units are permitted by-right within the NR-3 zoning district. However, an SUP is required for single-family attached dwelling units within the NR-3 zoning district. The proposed development consists of both single-family attached and detached units as shown on the attached site plan (See Exhibit 6). Per Section 35.6.4 of the DDC, an SUP may be granted if the proposed use conforms, or can be made to conform through the use of conditions to meet the standards established in the NR-3 zoning district. This proposed development will have an average lot size of 10,000 square feet for the detached units and 4,856 square feet for the attached units. The average lot size of 10,000 square feet proposed for the detached units is similar to the existing residential developments within the immediate area. To the west of the subject property is a Neighborhood Residential 6 (NR-6) zoning district developed with minimum lots sizes of approximately 10,200 square feet. The proposed average lot size for the attached single-family units is smaller than the existing surrounding residential development. However, the overall development as conditioned by a previously approved Overlay District and the proposed site plan will create a diverse housing opportunity for the area and is compatible with the surrounding developments. The conditions as proposed will also ensure that this development conforms to the standards established within the NR-3 zoning district. As of this writing, staff has received two (2) responses from property owners within 200 feet of the subject property in opposition to the request. Public notification information is provided in Exhibit 5. PRIOR ACTION/REVIEW: On February 6, 2007, the City Council approved an ordinance (Ord No.2007-032) for a zoning change from Neighborhood Residential 2 (NR-2) district to a Neighborhood Residential 3 (NR- 3)district with overlay conditions as follows: a. The woods along the south and east boundary of the site will be preserved. b. A perimeter fence with a `wrought' iron appearance, with taller posts topped by a decorative finial at the corner of each lot will be installed along the perimeter of the site. The setback of the fence will be 50' minimum from the existing curb. Rows of shrubbery between the fence and sidewalk will be installed to obtain privacy. The distance from the fence and back of sidewalk will be a minimum of 12 feet. The developer, and later an H.O.A, will take responsibility for maintenance and irrigation of the approximately 3 - acre perimeter an scape area. c. Except for glazing, doors, and trim, the exterior of the homes shall be vitrified clay brick or stone for all vertical surfaces with a direct load path to the foundation. d. The following restrictions and conditions shall apply to single-family detached homes: o Street right-of way shall be a minimum of 56 feet. o Parkway width shall be a minimum of 9 feet o Sidewalk width shall be a minimum of 5 feet. o Front yard setback shall be a minimum of 15 feet. o Side yard setback shall be a minimum of 6 feet. o Rear yard setback shall be a minimum of 10 feet, except for Rear Entry Garages. o Rear yard setback shall be a minimum of 20 feet if garages are accessed through the rear of the property. o Front Entry Garages shall be setback 12 feet from the front most wall of that unit. o Three car Garages shall not face the street. May 20, 2009 Planning and Zoning Commission public hearing. OPTIONS: 1. Approve as submitted 2. Approve subj ect to conditions 3. Deny 4. Postpone consideration 5. Table item RECOMMENDATION: The Planning and Zoning Commission recommends denial of this Specific Use Permit request (5-0). 2 The Development Review Committee (DRC) recommends approval of this Specific Use Permit request subject to the following conditions: 1. The approval of this Specific Use Permit shall not grant any waiver to the Overlay conditions approved with Ordinance number 2007.032. 2. The site plan as submitted and shown on Exhibit 6 shall be binding and guide the development of this Specific Use Permit. 3. All single family attached development shall conform to the requirements of the site plan attached hereto and incorporated by reference as Exhibit B; however, any other use permitted by right under the NR-3 zoning classification and use designation, including the single family detached uses shown therein, are not subj ect to any restrictions imposed or implied by the attached site plan, and are subj ect only to the general zoning restrictions imposed for the NR-3 zoning district classification and use designation by the Denton Development Code. 4. The applicant shall provide a minimum 50 foot landscape buffer along Windsor Street and Hinkle Drive and a minimum 30 foot landscape buffer along the southern property boundary as shown on the site plan. 5. The applicant shall preserve all trees currently existing on the western property boundaries or the trees can be removed through sufficient mitigation methods approved by the City's Urban Forrester. EXHIBITS 1. Staff Analysis 2. Location Map 3. Existing Zoning Map 4. Future Land Use Map 5. Notification Information 6. Proposed Site/Landscape Plan 7. Site Photographs 8. Letter From Applicant 9. Letters in Opposition 10. May 20, 2009 Planning and Zoning Commission Minutes 11.Ordinance 3 Respectfully submitted: Mark Cunningham, AICP Director of Planning and Development Prepared by: Nana Appiah, AICP Senior Planner 4 EXHIBIT 1 PLANNING & DEVELOPMENT STAFFAIVALYSIS CASE NO.: 509-0002 DATE TO BE CONSIDERED: July 21, 2009 LOCATION: Southwest corner of Hinkle Drive and Windsor Street APPLICANT: Wade Trim 920 S. Main, Suite 170 Grapevine, TX 76051 OWNER: The Rayzor Company 400 W. Oak Street, Suite 200 Denton, TX 76201 ZONING DISTRICT: The subject property is located in the Neighborhood Residential 3 (NR-3) zoning district. COMPREHENSIVE The subject site is located within the Existing Land Use future land PLAN DESIGNATION: use designation. SITE AND The site is currently undeveloped. SURROUNDINGS: North: Neighborhood Residential 2 (NR-2) -North Lakes Park South: Neighborhood Residential 2 (NR-2) -Senior Living Facility. East: Neighborhood Residential 3 (NR-3) and Neighborhood Residential Mixed Use 12 (NRMU-12) -Single family developments and Senior Living facility. West: Neighborhood Residential 2 (NR-2) and Neighborhood Residential 6 (NR-6) -North Lakes Park and Single family developments. BACKGROUND The existing zoning designation (NR-3) on the property allows the INFORMATION: development of single family detached units by right and single family attached units through approval of an SUP. The purpose of this request is to develop 46 single family attached and 56 single family detached units. ANALYSIS: Comprehensive Plan The subject site is located in the Existing Land Use designation Analysis: within the Denton Future Land Use Plan. Per the Denton Plan, new developments within an existing residential land use category should be developed to be compatible with patterns and designs to the standards established within the neighborhood. In addition, The Plan 5 recommends that the existing residential development within the neighborhood be vigorously protected and preserved. This development is for single family attached and detached units. The approval of this request will not alter the patterns and design standards within the established neighborhood. To the north and west of the property is the City's North Lakes Park. This area of the park is mainly used as open space for passive recreation such as walking and running. To the south is a senior living facility. To the east are single family residential developments. The proposed single family development of two housing types will not be detrimental to preserving the existing neighborhood. The development will enhance the general character of the neighborhood by providing opportunities for diverse housing types increasing the sustainability of the community. Development The property is located in the Neighborhood Residential 3 (NR-3) Code/Zoning Analysis zoning district. The NR-3 zoning district is a subcategory of the Neighborhood Residential Land Use. Per Subchapter 35.5.2.1 of the DDC, the purpose of the Neighborhood Residential Land Use is to protect existing neighborhoods and ensure that any new development is compatible with existing land uses, patterns, and designs. Approval of this development will not alter the character or design patterns of the existing residential developments. In addition, there is an overlay restriction which will further restrict the development of this property to ensure that the development is compatible with the surrounding neighborhood. Per Subchapter 35.5.2.2 of the DDC, single family attached dwellings are permitted with approval of an SUP. The criterion with which approval of an SUP is evaluated are set forth in Subchapter 3 5.6.4 of the DDC. An analysis of the approval criteria is presented under the Findings below. DEPARTMENT AND The Development Review Committee (DRC) has reviewed this AGENCY REVIEW: request for an SUP and provided the following relevant comments. All the DRC comments were addressed by the applicant. FINDINGS: Pursuant to subsection 35.6.4.B. a specific use permit 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; 6 Granting the SUP would not be injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity. The proposed request is for a single family development which includes detached and attached units. The average lot size for the detached units is 10,000 square feet. This lot size is not out of character with the surrounding residential developments. To the west of the property is a Neighborhood Residential 6 (NR-6) developed with an average lot size of 10,200 square feet. The minimum lot size for the attached units is 4,856 square feet. This average lot size is smaller than the surrounding residential development. However, the overall development as conditioned by a previously approved Overlay District and the proposed site plan will create a diverse housing opportunity for the area and is compatible with the surrounding developments. 2. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; Granting the SUP would not impede the normal and orderly development of the surrounding vacant property. The proposed single family development with attached units is surrounded by a Neighborhood Residential 3 (NR -3) zoning to the east and Neighborhood Residential 2 (NR-2) to the south. A Neighborhood Residential 6 (NR-6) district is located approximately 470 feet to the west of the subject site. Both the NR-6 and NR-3 districts are already developed with single family homes. South of the property is also developed as a senior living facility. The property to the north and west is the City's North Lakes Park. 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; Adequate utilities, access roads, drainage and other necessary supporting facilities have been evaluated by the DRC and have been deemed adequate to support this use. 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; 7 The DRC has reviewed the proposed vehicular and pedestrian traffic. The proposed development will not have an adverse affect on the general public or adj acent developments. According to the Engineering Department, a traffic study may be required during platting of this property if it is determined that the daily trip generation for this development exceeds 1,000 or 100 PM Peak Hour trips. The applicant has met the required parking standards as outlined in Subchapter 3 5.14.4 -Parking Standards. Based on the proposed development described in the applicant's letter (Exhibit 8) and shown on the site plan, the proposed development will require 200 parking spaces. The site plan submitted shows two means of ingress and egress to the development. One access is on Windsor Street and the other on Hinkle Drive. According to the applicant, the main access to the site will be through Hinkle Drive, Windsor Street will be utilized for right-in/right-out emergency access only. 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; Dust, noise and vibration will occur during the construction of the proposed development. However, dust, noise and any vibration associated with the construction of the proposed development will stop once the proposed development is constructed. Section 20 of the City's Nuisance Code Ordinance also requires dust, noise and odor control during construction. 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and All new lighting will comply with the standards and regulations under Subchapter 13 in the Denton Development Code. This requirement will be met during the platting, construction plan, and building permit approval process. 7. That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property. The proposed development will meet all landscaping and tree preservation regulations under Subchapter 3 5.13.7, Tree Preservation and Landscape Requirements Standards, in the 8 Denton Development Code. In addition, the applicant proposes to provide a 50 foot landscape buffer along Windsor Street and Hinkle Drive and a 3 0 foot landscape buffer along the southern property boundary as shown on the site plan. 9 EXHIBIT 2 Location Map ~ ~ n,~ ~ ~ fi t. f P }1'- _ • Y ` -/,J} r ~ - y ~,l a uti ~ 1.~. ~1 5 ~.,q~~§~•• ~ . , ~.U,. :~4 Imo, n - - ~ t< f ~ ~ ~ ` ~ •Ns~RTHRIC)GIr - un ~ ~ ~ ~ -sue. ~ ~ . _ ~ h~AG~l~L:IA z , 3.. - ~ y - _ ~ . a ~ ~ ~ A~ ,E~~S ~ • f , *s y~ r • , 3 a ~.y.,,. . ~ ~ _ Site ~ ~ _ ~ ~ ~ ~ ~ r3 ~ ~ y ~ . 4 ~A YY P~yIV ry i ~ 1 C J y~ , ~ u ~ j r•, ~y - ~ _ ~ ~r r F R..~ ` , aP 9 ~ r ` y ~ . /~jryf ~ ~ f ~ y ,fi'r' , ~ ~ s. 1 S I I~AY~1 b Grp zr r+ ~ ~ UBUR~1 r ~ L,~+rpry ~ - via s BELNAVEN ~ ~ R ~E~C~~ ~ d• i *J'I R * ,Ina ~ • ~,1~ Y ~ ~ ~ 7 ~ ~ .y III Lit I ~ # ,-~.r.~ ~ V ~f - ~ - < a ~ ~ ~ s •u ~ N -z =GREENI3RIAR~ "I ~ ~ ~ ~N~ ~ .a G1 ~ ~ iq ,fir ~ ~ ~ ' ~ ryry ¢ w ✓J 9 _ ~ 10 EXHIBIT 3 Existing Zoning Map ~ r `'w... ~ , ~ F d I~ f~. ~ ~'4 I - _ - IJ:I Z F it s _ W'INDS(?R _ _ i - ~ i I ~ ~NQRTHRIIt]G~ a - - ~ n - I ~ - MaGM[?LIA _ 1 - u lte ~~n~~~~t - z ~ b ~ w ~ ~ fop y, ~p ~ _ ~m,~ W _ - ~ b _ ,h M~~~iU~QWV RIDGE ~ ~ A _ ~_w EAR-4 ~TRAT:A _ - d I NRMU- ~ AU BURN ~iAG~A'RU ~ ~ ( ~ ~ I~ 1 BE~LH~IVEN P~R~r~c~~ra~ ~~u-~2 NRI~~J-~ - ~ i a GREENBRI;4R :di - - - - T ~ ~ ` TULANE ~ ~ 't7 Cfv1-~ 11 EXHIBIT 4 Future Land Use Map '~l~ ~ j ~C~I~RI(~AN ~ _ I~EADC~VIIEDGE ~EUFEMIIA ~ a z ~ ~ d _ ~ RINEY R~NE~' E ~ '_I I a , a ~ aEL ~ a w ~t . ~ . I ~ r ~ ~ ~ d w ~ G O ~ ~ r~.~ ` 1 . ~ C ,b w I ~ i ~ i ~ - - . _ _ . _ _ i ~ GREEN - --~it~ -MIMGEA~ ~ ~ L , - ~ ~ ~ I ~ I It ~ ~ i - _ ~ _ Q IVATE ~ - MEAQQ RIDGE ~~RATA~` fi ` ~ ~ w ~ ~ -AUBURN ' _ ~ - E W - ~ b ~ ~ i Z a ~ C~ C~ I.L.: ~ ~ r , I - h ~ J: ~ H- ryry ~ I~ ~ V ,T w ~ U~~ U~ANE ; , ~ - - ~ AHERST~~ ~ ~ ~ , ~ - - - _ ~ ~UN~ET UNIVERSITY T, - - z • ~~L~~j~~l'N i~C I ~ I I'1~~ ~ I+1 VUESTV~AY ~ - 12 EXHIBIT 5 Notification Map ft o~ ~t I IT'~€ - r y m HEJiC}LEE Cl w ~ J ~ "V/1ND~~~ILT ~ ii - I M~AL~~~t RIDGE - ~ - - i Public Notification Date: 5/7/09 200' Legal Notices sent via Certified Mail: 18 500' Courtesy Notices sent via Regular Mail: 66 Number of responses to 200' Legal Notice ■ In Opposition: 2 ■ In Favor: 0 ■ Neutral: 0 13 Exhibit 6 Site lLandscape plan ~n '17' U7 ~ < ~ R7 ~ < } 1' [ ~I 9 ~1 ~ Y Q. ~r ~ I ~ d p 1 M V 7 A P I V iJ° bC C1 1 ri y ~ ~ r*1 N ~ a u m w na Ina o a N' u c r~, v z~ xr m~ 2'1 r r ~ i i ~ rr 1^ ~i m IT} ~ NF ~ e C I ~ X ~ ~ ~ TR u ~ I I 1. ~ , Q 1' ~ ` ~ 4„ ~ ~ ~ ~ ~ m , Z ~ ~ ~ ru I.'l C~7 k"r. ~ - Y~ A ~ ~ ~ x ~ ~ _ d ¢ , - F fi b ~ ~ - I Y 1 ~ F ~ 1 LJ l - V _ I _ _ -fie 1 1. T.'' I ~I ~i:Tl~ ~ r I ~ ~ i s - _ l - ~ il'~ l~ I I 1 a 1 i ~ I s i I m i ~ - ,,,n„ ~ ~ , e r~ v 7 n' ~ i n n s u A n m~ m 7 n W. W 4 ~ ~ 4ri !0 ~ G. V y. W N, I ~ di U r' ~ 9y N ili, U! ~ t~ ~ AJ 4i~. @ F ~ ~ M'I I ~ Z ~V c~ ~ ~~a rein ~ ~1, ~ ~57 ~ AD ~ F ,I '~J tNt~~ \f ~ n m P ~ If*1 g 4 ; r N pg D nl i~ ~u y I Y~ ~~77 Q #1 ~ ~TL ~ * G i $ , "i i1 ~ 'ol ~ ~ ~1 CrI ~qp .ro` I P ~ ie fj/ 6'4 p ~ q ~y ~ ~ ~f1 ~ L A ~4" ~ - ~ I ~f^ ~ ~ ~ ~ n rya ~c ~o ~ m ~ ~ z z 14 EXHIBIT 7 Site Photographs Photograph looking north from the subj ect property Photograph looking south from the subj ect property i - - "gip k. i S', I. 1 d 1. - - ` Photograph looking east from the subj ect property EXHIBIT 8 Letter From Applicant ~PEI~IC IJ~E PER~I~IIT N~►F~R~►TIVE for Th+~ '~il~las ~It Noah Lakes The Villas at North Lakes is a 3o-acre proposed residential development located in the southwest corner of the intersection of 1Nindsor Drive and Hinkle Drive in Denton, Texas. The property is intended to be developed under its current zoning classification of Neighborhood Residential 3 ~NR-3~ as a ~o{~-lot community consisting of 54 single-family detached lots and single family attached fats, Single-family detached dwellings NSF-D~ are permitted under the current zoning of NR-~; however the single-family attached dwellings Town Homes require approval of a Specific Use Kermit. The proposed development, combining both attached and detached components, conforms to the applicable general regulations as outlined under Section 35.b.~.3 of the Denton Development Cade, specit'ically the following criteria. section 35.b,~.3=G~n~ral Re*ula~tion Pew l~ro used • Net project density 3.41 dulac 3.5~ du~sc • ~'ran# yard setback ~ ~ feet ~ ~ feet • Min. side yard includes TH end units} ~ feet ~ feet • Min. side yard adjacent to street ~'TH end units} 10~ feet ~ feet • Minimum rear yard 1 o feet ~ 3 feet Maximum lot coverage 5o°la 42°~a • Minimum landscaped area 5510 53°~~ ~laximurn building height 4~ feet 4o feet The Sl=-D lots are primarily located ~an the north half ~of the site and range in size from 7,~~ 1 square feet ~sf~ to 15,fi3g sf. The Town Hcrnes are s;tasted on the southern half of the site, consisting of 10 town home buildings ranging in size from three to five units per building. The development is accessed from a primary entry off Hinkle Drive and a secvndaryright- inlrig'ht-out emergency entry located along v~indsor Drive. Per the Traffic Impact Analysis (TIA~ a deceleration lane is proposed at the primary entry on Hinkle to accommodate traffic approaching from the north. The S~-D lets are primarily front Goaded and will be serviced by a ~~-fast right-of way ~~g feet back-toMback~ resdentia'#'~ lane. The Town Horne units are rear loaded via a ~o-foot alley and fronted by a 5fi~ foot right-of-gray (fig feet backto~back~ residential lane rnodifed to incorporate eight feet of parallel parking on the north side of the road. Approximately eight ofthe SF-D lots backing to the alley will be rear loaded ~Lota ~-6, Block b and Lots Block l}, The infrastructure associated with the development, particularly in regards to the water supply, sanitary sewer, drainage and roadway systems, shall be designed in accordance with City of Denton standards and. design criteria. The proposed dwellings shall incorporate a Tuscan theme, integrating a mixture of stucco and stone exteriors in warm, subtle earkh tone colon with concrete or clay file roofs.. The connmunity will be surrounded by a ~-foot wrought iron fence and includes multiple green space tracts totaling nearly ~ acres, Included in the green space tracts are 50' landscape buffers along Windsor Drive and Hinkle Drive, and a 30' buffer a#ong the southern properly boundary. Amenities include a designated cornrriunty park. Tract A~ and landscaped courtyards serving the neighboring Town borne units. Tusca~v_SIJP 1Varrative.dac 16 EXHIBIT 9 Letters in Opposition p~~~~~ ~~~~~t The ~lanni ~ ~~in ~mmis~ioa of ~ pity ~f I~tan w~~~ hid ~ pu~1i ~n~ an wed~e~~~~ ~a ~ to c~n~i~ i~~ a r~~~oati~~ to pity nuncii ~ a ~~~~f ~e pig ~C~ ~ ~~~o f~ s ~et~~~e~ ~d ~f four att~e~ ~in~ ~l~r ~~l~in ut~~ ~n a ~~~y ~nt1 ~~d I~eigrho~d l~~~iti ~ 'rho a~~xt~ly a~r~ ~tt~ is lae~t~d ~t t~~ ~aut1~~~ ~rn~r ~f Niue I~~ive a~~ VVi~~ ttt. The ~~~lie h,eari~~ mill a# in ~ i ~ut~i ham ~f it~r H~11 lat~d ~t ~ Ieinn~ street, lnt~n, T~ ~a~s~ }~u ~prop~ ~ri~ o ~~r~ ~0~~ ~ar~j~ ~ra~rt, ~ P~i~rg or~i~ ~~si~r~ ~ ~~k~ ~~~r ~oa~ r~r~ c its ~ ~ c~ Plee, in ~rd,~~' fir cur ~ ~e t~ irk a~oun~ rerun this fpm with ~~r ~~m~nent~ ~ri~r to t~~ ~ ~f the pu~ii~ he~ri his pr~~~ai~i ar~di~~ cad ~rar~i~~~a#~ pu~~~~ ~ri~g. o~ ~n fnx it t~ the der lac~t at 1ttam ~r r~~ail it the ar~~~ below ox p it offin-pin: P~~anin aid Dem~a~ partmt ~ 1. elm ~ean~ Tee 71 Ana ~i~ ~r~jt l~+I.a~►er Thy fir u ~n eolen~t~ the perceai~g~ of l~a~~n that ~uppo ~a~ ~ppa~e the r~qu~~~. T~~ s~i~n i~ ~nf~~ ofth~ p~r~~a~ ~~re~pan~ ~ support d in ~~it~~n. Pl efr~ one: {I~, ~~vor of re~ue~~ to r~ues#~ ~ to r~~t le~~oas for ~~paai~na~ ~ ~ . ~ u~~ - w v,~.~ - - ~ ~ . ~ ~k nte~ Name: r ~ qty, t i~: ~ ~ k~ ti ~ T~1~~~~ae umber+ ~ ~ ~ . ~i1 r~s~ of ~ within 0~ fed: 1.1~ ~ ~T ~ ~G4 ire H~...~ v~~~r * aEa~, r~, ~s~~~ ~ a,~~~ ~ ~.~~~.~~a~ 17 T~~ ~ ~ ~rn~ni~~i~n ~f the it of X11 ~ ~ubli ~n ~d~~ ~ sir ~ repo i ou~~il r~ar~in ~ ~~i~i~ ~T~e F~rm~t ~ ~ a fnr ~~ed ~ ~ four atl ~ ~~ni~~ u~it~ on a Pr~Y ~.'nt1 n~~ ~i~~~ l~~si~entl~l ~ `I~~ xkl r~ i looat~d a~ tl~~ ~~utl~~~t ~f ~Iinl~ Dri~~ ~n~ i~~ tt. T gul~~i~ 11~~in ~ ~ in it ►~i~ ll~m~~r~ ~f ~t~r x.11 lam 1 ~,~~c~ pr~~ert~ ~ ~ or~a~~ a~~~~r~ ~ far ~ r~~ ar~~ ur'~~s ~ p~~~~~ P1~, i~ ~rd~r far ~~r ~pin~~~ 1 t~ m a~~~ r~tu~n ~ii~ f~~m v~it~ ~rnur ~t~ i~~ to ~ of ~ul~li~ )~~in~. ~~s ~rai~ ~ ~~t~ra~~ ~ ~~~a~a~ar~ ~ b~~~ ~rir.~ ~u f ~ t~ ~ ~ ~l~an~ I~~~pm~~t ~~p~nt ~1 ~ ~1~ ~ ~it#n: ~ A~~~h~ Prnj i~n~~r Th~s~ ~~rr ~ u~e~ ~~l~u~~~ the ~f ~~d~wn~r~ #h~t rig. T ~m~i~~inn ~s in~~ of the ant of s~ ~ ~up~ort ~ ~ ~p~~i~,, Pl~~e ~ir~1~ ~n~: ~~r ~p~~~~ ~ ~ ~ ~ ~ r ~ ~ ~ ~ Y+}I.~+Y~ : F int F I~~ ~i~dre ~ ~ ~h ~i~ ~f P~ ~vit~ii~ f~ ~ ~ 18 53 55 ~ CHAIRMAN 1~IA~"KINS; ale have three public ~ hearings tonight. 3A is a Specific Use Permit for gas ~ 3 well drilling and Auction, SUS-~Db, Raynor l}nit~ ~ ~ The staff has req~,ested that this item be tabled botil ~ June the 3rd, ~DO~. Haw does the ~or~mission feel abo~,t 5 s this? A oration then? ~ 7 MR. DRAKE: Vllell, we'll open the public ~ ~ hearing first. $ 9 O~IAIRMAN VI~ATKINS: Huh? ~ x0 MR. DRAKE; You need tD open the public ip hearing first, ~1 ~ Cl-IAIRMAN 1NATI~IN; Do we want someone to speak on this from staff? ~3 1~ M R. DRAKE : t et's a ust get Nana t~ ~vme u p t4 and say that i~ CHAIRMAN I~fAT1~INS: Yeah, Nana? Nat here? iC MR, ~~CiCl.EY: No. Mr. Chairman, mernhers of ~S the Cor~mision. This item was ~previo~ly noticed. And 19 staff is requesting that this item do he tablet! until t9 2~ June 3rd, If you wish, you can open up the public ~p hearing. If theme's anyone that is present to speak to ~x this issue, they may do so at that tirr~e if you sa chaase. Otherwise, we can just open up the p~,blic 23 hearing and then continue it until the June 3rd, X009 z$ ~S hearing date. ~5 S4 ~ CHAIRMAN INATKIN~: Is that satisfactory? ~ 2 All nighty. 2 ~ ~Ile'I~ open the pubiic hea~ng, Is there ~ ~ anyone here to speak for or against this Specific Use ~ 5 Permit? ~ ~ H~IIo. Hello. I~ het better. ~ ~ Anyone hereto speak an this item? All ~ 8 right Do we have a motion? g ~ COMMISSIONER EA~~,ETON: Mr. Chairman, I'd g i~ like to move that we con~nue this until a date certain ~o ~i of dune 3rd, ~~09, CHAIRMAN 1NATiCINS: June 3rd. ~Z 13 COMMISSIONER SCHAAKE: Secand. !3 i~ CHAIRMAN INATKINS: I have a mvtian and a 15 second to continue to )urge and with the public hearing ~5 open. Please vote on the board. Six to zero in favor i7 of continuance. 17 18 ~B 19 ~D 2f 2~ ~3 ~3 24 ~5 ~5 P~1E~~IMV ~ ~~1~~1117 k+~J'Y#IY1~~1~~ ~~1/ . ~}l1fl0 fl...... c ~s ~ _ r n _ r . s w ~w 4ae~ 6YHV rdC U0 1V D0 O.1 I 4U J~~ ~ CI~A~I~MAIV 11vATIQNS: Item A Specific use this Specific Use P~rmlt, ~ Permit for ~6 attached and 54 detached single-family ~ This is a site plan showing --the shaded 3 dwelling units. 5090002, Villas a€ North Lakes, 3 areas is what the applicant is ro vsin far the p p g ~ MR. APPIAH; Good evening. l=og the record, 4 attached single,family units. That's the 4G attached 5 Dana Appial't with the Planning l~epartmertt, 5 single-family units, ~ The case before you tonight is a Specif€c ~ Staff sent out public nati~icat~on to 7 Use Permit to allow for 4fi single-family ached and S4 ~ praperk~+ owners within both 200 feet and 50~ feet, The 8 single-~a~rily detached units. The site is located at 8 500-feet notification was just a courtesy notice, Acrd ~ the corner Hof Windsor Stmt and Hinkle Drive, as we can ~ 19 mailers were sent out to ~ rv own R pe~Y ers w~thrn i~ see the locativrt map. ~ io 200 feet. And we received two letters in o pposition, i~ The zoning designation on this property is ii There is an overlay restriction ort this . i2 Neighborhood Residential 3, NR And to the south is f~ property. Back in X007, the owners of this ro p RertY i~ also Neig~tbarhood Residential 2, NR 2, Ta the further !3 came in to get a zoning change from Ne~ghbartroad i~ vuest is Neighborhood Residential And to the east is i~ Resident~ai 2 to Nelg#tborhovd Residential 3, And as i~ Neighborhood Residential as well, which is already i~ part of that approval, there were overly restrictions 16 developed, ~6 placed on the property to insure that the development of The land use designation on this property this property is consistent with the character of the ~B is existing land use, And the .purpose of the exls~ing is neighborhood, and, also, conforms it in the regulations ~9 land use designation is to is tv insure that arty new s~ that might make iris develaprrrent incompatible with the ZD proposed development is corrrpatible with the existing 2~ neighl~orhovd, ~i land use or will be made compatihle with conditions in So as I ga through my conditions of order to also confOrrrr to the character of neighborhood. ~z approval, stmt wants these restrictions to remain on This is a site picture that we staff ~3 the properly. So with the approval of this Specific Use took when we went out ~vn the site visit. This is Perrr~it will not waive these restrictions. And this ~5 looking north, And right across the street to the north ~5 the overlay restrictions. . 58 60 i is the City's €~orth Lakes Park. This is, again, looking i Based on the criteria in Subchapter 35.x, Z norkhwest from the site. This is looking south from the ~ which is the criteria for Specific Use Permit of the 3 site, ~t also shows. part of tyre site, as well. This is 3 Denton levelopment Code and the Denton Sian, tfte 4 lbvlcing southeast from the site. And to the further ~ ~ Deveiopmertt Review Committee recommends a royal su . pp b~ect 5 southeast is ~ senior living f~ci~~y, This is hooking s to the follav~ring conditions, And I will gv ahead and G east showing the existing neighborhood. And this is ~ read the conditions. 7 Mimosa Street. 7 Condition No, The approval of this ~ This is a site plan that was submitted by S Specific Use Permit shall not grant any waiver to the 9 the applir~nt showing the proposed devElopntent. And as 9 overlay conditions approved with ordinance Na. 2007-032. io i go through my presentation, i will show you. There is The site plan as submitted and shown on i~ are two proposals. As I said early on, there is 46 tf Exhibit ~ shall be binding and guide the development of attached single-family developrrtertt acrd detached 1~ this pecil:ic Use Permit. i3 single~family developrrrent. And the reason why there is i3 3, Ali single~i'amily attached development i4 this request before you tonight as a Specific lice Permit i4 shall cvnfornt to the requiren7ents of the site plan is is because we deemed that Neighborhood Residential 3 15 attached hereto and incorporated by reference as Exhibit iG land use designation, i~ B; haweverf any other use per~rritted by right and the NR A Specific tJse Permit is required in order ~7 zoning ciassificatian and use designation, including i8 to be able to do the single,fa~mily attached units The i~ the single-farrtiiy detached ~,ses shown therein, are not i9 reason why the detached units are part ~ this 19 sulect to any restrictions imposed Or implied by the zo applications is because staff believes that this ~o attached site plan, and are subject only to the general 2~ developrnertt will be well-suited tv the community if it's z1 zoning restrictions impaled for the NR ~ coning district ~z combined with the detached units. That's why I started ciassiflcation and use designation by the Denton ~3 actually making a recommendation that we are, So we Deve~opmer~t Code feel that this site plan should be binding, And that's ~4 dust to surnrrtarize this in brief. The . why we have the detached units being incorporated into reason why staff' is making this speci~rc condition of PLANNING ~ ZONING C~M~IJliS1DN MAY 20.7fll~ o.~..~., ~n _r r aGf 1.V VV U I ~I~J , ....r....,- ate,- 61 t approval is to make sure that the applicant can go and i COMMISSIONER CHAAICE: in fact it's ~ 2 develop the property if he chooses to abandon the ~ lithe less 3 Specific use Per~1"tit, And then because the Neighborhood ~ MR,APPIAH: That's correct. ~ Residential 3 zoning district allows detached 4 COMMISSIONER SCHAAiCE; than what is ~ single~family units by right. And that we don't want ~ allowed in the zoning NR 3, 6 we want the applicant to be able to develop this G MR. APPIAH: That's correct. ~ property if they decide to just avoid ar decide to 7 COMMISSIONER SCHAAKE; All right. Thank ~ rat to purscre with the Specii~ic line Permit, ~ you, ~ 4. The applicant shall provide a minimum ~ CHAIRMAI►l 1~fATN. Any aver questions? 1~ ~~~faot landscape buffer along Windsor and Hinkle Drive, iQ COMMISSIONER LYICE: On Na. 5. The li and a minirr~~rm 0-foot landscape buffer along ~e fi applicant shall preserve all trees currently. IS this 1~ southern property as shown an the site plan. 1~ in addition to the landscaping requirements nr is this 5, The applicant shall preserve all trees 1~ part of tl~e iandscaping:~ ~4 currently existing on the western property boundaries, MR. APPIAH: CurrentlyR it's not part of iS ar the trees can be removed through sufbcient the landscaping plan. But there are existing trees the iG mitigation methods approved by the C"rty's urban 16 was not shown an the site plan, ~o we ward to make sane 1~ ~arester. ~ 17 that thane trees are preserved. i8 Thank you, And now it's time for 18 COMMISSIONER LYICE: Olt~y, And it will be 19 questions. 19 in addition to ~ CHAIRMAN I~ATI~N Yes? Zp MR. APPL4H, Yes. COMMISSIONER EACLETON: Thank you, CpMMISIDNER LYRE: in tl~e landscaping, Mr. Chairman. Nana, when yvu first made your first ~2 MR, APPIAH; That's correct, statement, you said that the property south of this was ~3 (MMIS~ICIWI=R LYi~CE: I~ the assisted living ~ NR 2. but did I hear you correctly? Because I thought 34 ~Jlter, the 5terfing House, is that what is ire that it was NR 3. ~verythirrg surrounded it vas NR 2S little section of 1VR Nod f MR, APPIAH: This pordan is dust a small COMMISSIONER THOMAS; It's further south, ~ portion that is ~ OOf~MIIONER LYKE: Because Hagger is the 3 COMMISSIONER EACLETON: Okay. 3 ode that goes out to the try farr~'I. Oh, okay. It's ~ MR. APPIAH. Ne~ghbarhood Resrdent~al 2. ~ part of the NR the fW lVR rt okay, okay, Those reaps ~ COMMISSIONER EACTON: And that's ~ don't line rap. Because you're leaving out there a that's ~r~develnped rfgFrt now, tort? a should be. There we go, You're r~al~ng me dizzy, There MR, APPIAH; Yes ~ sha~aid bean assisted living center tkrat appears to be $ COMMISSIONER >`AAGLI=TON: Okay, 8 rn that yellow part, 9 MR. APPIAH; That's Can'ect, 9 M€t. APPIAH: And it is. So, yeah, io CHAIRMAN 1NATKINS; Any other questions io COMM15IONER LYKE: So that world be NR 2. 11 COMMISSIONER LYKE; where is the assisted ti MR. APPIAH; That's correct. 1~ living an here 1~ COMMISSIONER LYK~: Okay. 1~ COMMISSIONER EACLEf"ON: It's right .here, i3 COMI~ISSION~R CHAAKE; Oh, there's the 1~ CHAIRMAN VIiATIQ1WS: Yes? i~ footprint. ~5 ~ COMf~ZSIONER CHAAi~~: The NR 3 designation 15 COMMISSIQNER LYRE; Yeah. And it shouldn't has a certain density. Is the overall density of the ~G be 'rncluded in this site correct? 17 proposal very, very much from what would be allowed by 17 MR. APPIAH; iua. That's not part of the 18 the NR 18 site. 19 MR. APPIAH: Yeah. That's correct. The 19 COMMISSIONER LYKE: Okay. density far NR 3 is ~,5. And the Overall density for 2D CHAIRMAN WATI~INS; Any other questions? . ~1 this development is 3,~7. a they are conforming to the All right. It's my understanding that the applicant is 2~ overall density allowed. not here; is that correct? 23 COMMISSIONER SCHAAKE. So the density is 23 MR, APPIAH: That's correct. 24 the same with this Speci~rc CHAIRMAN 1NATlCINSi Okay, All right. As MR, API~AH: Yes, ~5 this is a public hearing, I will open the public ~~ANi~f~~ ~ z~r,~~~ COMMISiQN ~a~v 0~„8 ~ ~ ~ ~ ~ ~ I C+v ~ hearing. we have a nurnber of people here I have cards t dwelling places ~n Norkhr~dge. compared to what they ~ for: ~ are suggesting in this development that he is ~ And tether than postpone this well, we s talking about. ~ will postpone it, but the point the people that are ~ The --what is concerning to us is a number 5 here that wish to speak and ga an the record and be ~ of things I will speak to carne. And I know that there ~ recorded. Thank you, Nana. ~ are other people that won't speak --will speak far MR. APPIAH: Okay. ~ other things. Is that me? That's three minutes 8 CHAIRMAN VIfATKxN: My first card is Lassie a CHAIRMAN wATKIN: Na. Na. That's two. 9 Perry. 9 M. PERRY: Oh, gosh, I guess okay. we io MR. DRAIC~: Let me clarify that. The 10 have had somebody die on Hinkle street already by ~t public hearing was properly t~atlced far this evening. somebody getting hit by cars going in. Somebody on a f~ The applicant has requested that the item be tabled to bicycle. we da not need that kind Qf trafl:ic on Hinkle the next meeting. That we continue the put}lic hearing 13 Drive, we do not need, oar want, that trefhc in is until the next meeting. what we can da is, certainly, i4 Northridge at all. fs anybody who wants to speak tonight may do so. ~5 If you're going to put that in there, ~s And then the Commission might either vote s~ you're going to have to take that traffic somewhere else on the matter tonight, Or if someone makes a motion and other than down our quiet, wide, lovely subdivisions it's seconded to vote to continue the public hearing when we can walk and take our children and have a place until the next meeting. But, at any rater if anyone 19 of beauty with trees all around. ~o wishes to speak tonight, you may do sa. And it may or ~0 1Ne cannot take care of this subdivisia~~ .xf may not be finally acted upon tonight as far as the ~ Please don't nuke us. And I'll be bade. ~z recommendation is ooncemed. CHAIRMAN 'wATKINS: Thank you. Robert ~3 CHAIRMAN wATKIN Name and address, Curry, please. ~ MR. CURRY: All right. Thank you, sir. MS. PERRY: I'm Leslie Perry. And I live Thank you for the opportunity to speak through y'all. G~ GS t at l~~ M~inosd. ~ And there's - thrs has been gang an. And I knave I've ~ CHAIRMAN wATKIN: okay. ~ been batting this around far several years, and it seems . 3 M. PARRY: I'm sorry. i d#dn't ~Lfite ~ lfke that Oh, I'm Robert Curry. ~'rn ~~~0 i~eadoW ~ understand what you were saying. Are you saying that if 4 Ridge. . 5 that y'all could pass it without hlrn without s CHAIRMAN 1~1ATKiN: Thank ynu. ~ whoever it is be~rrg here to present? ~ MR. CURRY: I don't knew everybody. But ~ MR. DRAKE: It could be recommended for or ~ we're concerned out an Meadow Ridge. This is if 8 against. The final decision will be made at City ~ y'all know where that is. There`s ~6 little homes in ~ Council in respective to the specific use Permit. ~ there. Little garden~ridge type of homes that werre ~o M. PERRY: 1Ne've been there. I know what xo real proud. And we're of proud our neighbors in there. f~ that ~s. t~. And we're right across the street from ~aod arnaritan. 1~ MR. DRAKE: But the P&~ could make their 1~ And one of our problems i5 they're it could either choose to make their recommendation in a~ talking about the traffic situation there. There's a favor of it. They could choose to make a recommendation ~a lot of cider people living at food samaritan. The against it, or they could choose to continue the public assisted-living there at Sterling House an Meadow Ridge hearing until the next P&Z rneeting. iC that are going back and forth on those streets there. MS. PERRY: okay. well, I think I'll go i~ And a it was dust mentioned, that the trafhc up and ~8 ahead and speak nave and speak later or whenever y'all down that street is a concern to us. 19 meet again. 19 And, also if that's the outlets ~o I appreciate Nana. He has been very ~o inlets and outlets to this new addition there that helpful in meeting with me and talking with me. concern about that because of the trafhc and the people ~Z However, the NR ~ rating that they have does not really driving up and dawn that street there. 2a reflect NQrthr~dge and what we have there. We do not we on Meadow Ridge are also concerned, as x~ have any attached dwelling places at all. And we have you can see, up there it says Meadow Ridge. It's just over if I counted it close to it's over X50, X75 za south. And that's sterling House there just north of P~.AN~~NG '8 ~~N~NG COMM~SSI~~1 ~e~ ~nnd _ n n _ ~ vclWw IDO U F 114U ~ Meadow Ridge. There's quite a bit of water comes across f development for three reasons ~ there, You can see where SteHing Mouse is on that ~ Number one. If this happens Mimosa 3 picture up there. And it we've had to they've ~ Street, which i5 a quiet residential area, is going to ~ take keep working, I don't think anybody's here. ~ be turned into a thoroughfare. As cars go north on 5 tonight frar~ Sterling House tonight. ~ Carroll Boulevard, they'll tum left on Mimosa to enter ~ But they keep working trying to keep the ~ this subdivision down here ~vater off of us, And i just want to rr~ake sure that the ~ Vllith. number two is higher density it's a 8 group here tonight know about this. That that's a ~ high density area. Mast of the lots into Mimasa~ ~ factor that they take that water either east ar west sa 9 Northridge or Headlee area are by 150 large Pots, ~o it doesn't try to come down across the SteHing House. ~0 And this is going to be a lot of density uuhen you put ~i And since they have mowed that and cut the trees dawn, ~i that many houses in there and two cars, plus, per house we're concerned about the water that comes down there ~,z to get in and out. r~ toward our area there, ~.3 And, third, Hinkle Drive is a deadend i~ ~ The next thing is that i don't knave whether i~ street an the north at UII'rndsvr and on the south at they're cutting dawn the size of the lots from NR University, Neither of those are signalized. Of ~G from the NR 3, ~r NR ~ to NR 3. But we're sure proud 16 course, that could happen. But, re2~lly, there's no of ~arthridge up there. And that's one reason that we place to go after you get dav~n that way except you're t8 move from the south side of town over here because that ~S trying to get onto University and ga to south. Thank open area there. And it get's you got load Samaritan you very roach. right across the street them. And the it's a~ CHAIRMAN VI~ATKINS: Thank you, Barbara it, that's an open area. a you don't feel boxed in~ You l~ightfaot. don't feel closed in. MS. LIHTFODT: Thank you. My name is And eve don't the people an Meadow midge 23 Barbara l~ightfoot. I live at 4~~ Mimosa. there there's same of gas here tonight that we just ~a I`m just going to read an a-mail that I don't reaNy want that to happen to that part of fawn. sent to Nana earlier today. It says: T'rr► writing to 7D 7~ ~ I think it's a wonderful site there. I think it's a ~ yon to express my concern about the proposed development ~ wonderful site to develop with T don't know. After ~ at the comer of Hinkle prive and Windsor Street. There ~ weir this morning's paper, what's going on out here ~ are several issues that I feel are not adequately ~ with the Raynor Development. ~ addressed by the development company requesting the ~ But I think one of these days that with the 5 change in zoning, s hospital.over here, the two universities here, that that s These include the significant increase in ~ you know, that's a goad part of town, It's a goad ~ traffic in the surrounding area, the impact vn traffic ~ location, it's close to every I can I can verify s patterns for the existing homes in the neighborhood, as 9 it's close to everything. Because we're real close to 9 well as the irrrpact on water drainage for, thehomes and ~0 things, It doesn't take us five minutes to run to the property in the area. ~i Post Ofhce ar whatever ar something ar the other. These have all been addressed by other ~z And sv I just I'm concerned that I individuals. And since I live there and I'm new to the ~3 want a good neighborhood development. I don't have any area, it is a real factor. problem with development. It's just the type of I %eel that these issues and other issues development that's going in there. And that's what I iS would negatively impact the property values in the homes iG want you to think about in that part of town. Because I currently built and maintained in the area, Asa ~7 think the north side of town needs some good t7 resident on Mimosa Drive, I am very concerned about the is developmerrt~ Thank you. 1~ main ar single entrance and exit to the property being CHAIRMAN 1NATlCINS: Thank you. Please help t~ directly at the end of Mimosa on Hinkle Drive for an ~D us with dernanstratians. We, like the City Council, 20 estimated 20~, plus, cars far the 100 proposed 2~ cannot allow thane. o if you don't mind. 2~ residences. llyllliam Crawford. And Barbara L'rghtfaot x~ Although I've only been in my present borne would be on deck as next. ~3 an Mimosa far less than a year I grew up in Denton and ~ MR. CRAIN~DRD: food evening, ladies and graduated from UNT in the 1g7D's. I have a vested gentlemen. I speak in apposition to the proposed Z~ intefest in maintaining the integrYty ~ the Northridge PLANNING ~ zONfN ~~MMlSI~N ~Y G~~a ~n ~ , ,1~~' 1 ctr~4 x.1,7 4V ~ ~ V I 1 ~U . ti, ~ . . , . f . _ : i . n.). ~ area, as I p#an to retire in my home. i neighborhood. I couldn't move my parents and my in- ~ I chase the property and neighborhood ~ laws into this neighborhood because nobody leaves this 3 because it is a quiets law traffic area, and many of my 3 ne'rghborhvod. And we Irked For months saying, ~ .neighbors are required individuals. I am a high school ~ eventually, someone's going to sail. Eventually, ~ teacher and my daughter lives me with me. And it is ~ someone's going tv move. ~ ~ beautiful area. And I would hate to see it decrease ~ And what I l'indr frequently, is they end up ~ in its appeal as a result of this development. Thank ~ moving south of i^iinkle to the sterling or to the Coad ~ You. 8 samaritan. And that's a sad passing, typically. But ~ CI~AIRMAN 1~ATKIN: Thank you. Kirk Pierce. ~ the house goes up far sell and somebody new manes in, ~~o Tracy Beck will be on deck, please. i~ and they become new great neighbors. I don't think ii MS. BECK: There were two Tracy Becks. My we're going to see the new great neighbors in attached i~ name is Tracy Beck. I'm at 6I,1 Magnolia. 1~ housing. Is that two minutes? Two minutes? I've heard a lot of goad comments from n7y CHAIRMAN ATiCIN; Yes 14 neighbors, I'll try not to repeat those. o what I M~. BECK; .Okay. So I heard earlier today wanted to foc€,s an is the conformity of the character of 1~ that somebody was here far just a#I of a year. I was fB the neighborhood. The conformity I don't know if here far all of about a year when I moved. And I was you've noticed. There's an aerial up here that had a i~ standing in a similar position arguing similar facts ~B lot of trees. with my neighbors saying, I moved here because my 19 I don't know if there was a permit pulled. 19 neighbors wa#k every night. I see there walking, They 20 But one day, the trees started getting plowed dawn. The zo pay attention, They pay attention to my house. I pay field started getting mowed, In facts it was just mowed attention to them. They walk with little dogs at recently. And I'm pretty sure it was because of 2z midnight, And they're seniors, and they're older. z3 tonight's meeting. The trees are gone. There are a few And I'm thinking, you're bait. You're bait ones. I appreciate that you're going to save the I z,~ for bad people. You're bait for big daps running lase. don't know half dozen dozen trees or so that are ~S You're bait far anything. And they're safe because 7b ~ left. 1 we're looking out for each ether. And when we start ~ But I'rn curious to know if that was even ~ introducing a lot of housest I don't know haw safe we're 3 sorneth~ng that went thrat~gh the City when they cut them ~ all 9ai~r+9 to be. 4 down first. Because Itd like to address character. I ~ I'm not opposed to development. And I ~ don't trust the character of the developer. I don't 5 don't think any of my neighbors are opposed to e know the developer. But I know of developers. And I'm a develaprnent. But I don't see why we cannot uphold an ~ suspicious when they don't~show up to their awn public ~ Nit 3. I haven't crunched the math. I'm usually mare S hearing, ~ prepared. But I don't understand how I.BD lots on here 9 I'm suspicious when time acrd time again, ~ can bean Nl~ ~ 3.~7 or so density that you said, when 10 they come in, and they postpone the public hearings into ~o you have compact attached hn~,sing. ~1 a summer season when either my residents, who are either ~1 ~o I just would like to final#y say I would i~ middle-aged, retired, they're vacationing, they do not i~ like to eat compromise o~rr neighborhood to the benefit ~3 have the ambition and energy to come down every time 13 of a developer that cannot meet the rules. I don't know that the meetings get postponed. It's very frustrating. ~4 if they're going to meet them in the future. And I'd f~ o r'd like to question the character. I know it's like to see them at a meeting once in a whife in a is common place to postpone developments. But, at this ~a non-postponed meeting at that. Thank you. point, Y'm not sure about this particular developer. ~x CHAIRMAN WATKIN~: Thank you. ~8 The conformity, I'd like to see the trees. 18 MR. PIERCE: Hi. I'rn Kirk At 50B Mimosa. 19 I don't see any connected units. Vie have wonderful Kirk Pierce. And this is actually my hrst time. o ~o garden homes down the south side of Bterling, Put same I'm eat a pro at doing this. But I am a numbers guy. ~i garden homes in there, And I did look through this Planning and z've maned my parents from Texas --from 22 Zoning Commission agenda information sheet. And the one ~3 Michigan to Denton. I've moved my in-laws from Houston ~3 thing that I found missing in the background analysis to Denton. I have buried my father-in-law six rr~onths and the hr~dings is it never mentions the east side, ago in I)entan, I lave Denton. I love this ~5 That's very important. If we're to#~ing about a PLANNII~~ & I~NiN~ CD~M~I~N MAY 2~_ 2aa~ P~nm z~ a ~ n 0 % y r 4v 1 V I i ~rv ~ cornmur~ity, that includes every area. North, south, ~ was that? Well, one thing it sounds like the traffic ~ east, and v~rest, v why are we ar~ly doing the west side? z patterns were consistent, It wasn't just one thing, ~ And we're talking about keeping the 3 You had consistent travel patterns, ~ patterns t#rat are most closest to the vicinity. o here 4 And then another thing was that the size of 5 we have the X04 square feet. That Z1~0 square feet 5 the home was also being evaluated, I'm a numbers guy► ~ doesn't hit any residential on the crest side, It only a and so I think we also need to put --again, we're a hits the properties on the east side, o if we're ~ the east side is oat in the baclcgraund analysis or 8 talking about immediate vicinity, let's look at the 8 findings, . If we want to consider the whale community, 9 properties on the east side. And, again, that's oat 9 look at the east side, ~o being mentioned in here. ~o t punched some numbers, and you can see the f~ l'~ow, if we do the SAD, you can tell here ~i decrease in acreage, which is not being noted, Because, ~2 that you're hitting a majority of households on the east ~ s~ again, the east side is not being mentioned, If it's a 13 side. And if you look on the west side, you're about s~ acre to ,2~ acres, from the average it looks dike s4 touching the boilers of about eight pieces. And so Y it's .31 acres if you considered 5a0 and 7~0 black for want to have that noted in there. Oh, I didn't realize ~s all these streets here, o that is if you're doing a s6 I could do that. s~ to .~2 acres, that's a decrease a# a ,11 acres and a ~7 COMMISI~Nf~ THOMAS; Just lay it down. It 17 .9 acres. And I do have these documents if you want to ~8 will pick it up, i8 well, you can verify these numbers yourself. ~9 N1R, PIERCE: okay. Well, there you go: i9 And I just found out about this about 20 ~ee~ west is not even in the X00 5D0. a as a three days ago, And one thing that I propose is that ~s carnmurrity, consider all sides. everybody get a certified letter. Because, to be ~2 And the other thing is in the Development 3~ honest, I don't know much about if our neighborhood ~3 fade zoning analysis it says be cat~patible with existing ~3 really knows about this, And only --and if you get a ~4 land uses, patterns, and designs. And in the E~chibit courtesy note on your front door, hove many people always zoning rnap is that there youhave .if you look here use their front door versus the side doom That's the ~8 80 i I don't know if you can put this up. But in the ~ only reason why z fa~,nd out just a few days ago. ~ zoning 3 map, from all the I'm not an engineer or ~ ~a, again, for what I'm proposing is 3 architect, but it looks like there's about ~0 homes per 3 include the east side, if it's a cvmmunity~ i`nciude A street here. vVhy you gat 1Q0 homes that is a funnel. 4 every side, And then statistic~wise, look at the s And in that whole zoning application, I don't see any 5 statistics. If your majority of your houses are here, ~ funnel. I see rn~ltipie access points. vVe have an a then look at that statistic Dl: how big Chase properties ~ emergency access point here but it's all being ~ are versus the side parts that are only touching the 8 funneled right Mere. So homes being here. ~ very edge. That will give you a true reflection, And ~ o let's use the scenario that I want to ~ there's only about eight on the west side, so get to Carroll, If I go down to Hinkle, I have to cross ~o And, again, the last point I want to make, ss ~$a. o I have to crass the westbound And then I have si I guess, is that this is the last spot major spat in 1~ to ga three lights unti# I come to Carroll and 1~ Denton. Am I up? okay, I got basically, the last i3 University. But you want to take the path of least ~3 comment Y want to make is I love Denton. It's very i~ resistances ~Ifhat am I going to do? I'll just go beautiful. And I am for growth. And I just want to s~ straight down Mimosa, and then hit right on Carroll. s.~ keep with the patterns, And this is the last major is And there's only two lights. o the path of least ~6 section v~ithin Denton that's north of ~81J and east of s~ resistance, I'm going to be taking Mimosa, or Y'll be Bonnie Brae. So what you guys determine here will s8 taking Headlee ~r Magnolia iaecause there's no lights on i8 determine the future of Denton, there. o you got two lights versus three lights, And in the past, again, people were for it. And one thing just to keep in perspective ~o They had people lined up to get custom-built homes. So is I have I wasn't here back when, I guess, this the demand is there, That's that's not the issue, first came up, But Ithink ltwas --from what I heard The demand is here far nice homes, nice property. Thank ~3 it's in ~OO4 is that they had a proposal and many ~3 you very much. ~ people were R-and maybe I'm off. But maybe go back and ~ CHAIRMAN WATKtNS: Thank you, ~imikka 25 check, Many people were far that development. And why Dickerson. PLANNING & 2~NI~G C~M~~5Si4N MAY 20. ~o~ D~..a an ~ ~ n _ , acv r t ~V Vtil U! I~FU . i ' . " . f. s MS. DxCKERSI~IV: Thank you for allowing me s minute ago. ~ to speak. I'rn imikka Dickersvr~. And my family awns a ~ I am also ire apposition to the proposed ~ home at 6~1 West Windsor Drive, which we purchased in 3 multiuse development. It is not in confor~rnance with the ~ last ~€~ne. ~ neighbor~oad .standards. There ~ already, as my wife S And I'm here to talk in opposition of any ~ S mentioned, way too much traffic, way too many speeders, ~ apartment complexes, buildings, whatever you might call ~ And it's just oat a fit to try and put another couple 7 them anywhere in the vicinity Because it is just not a 7 hundred horrres ire that are couple hundred residents ~ fit. s rather. Appreciate your time. ~ am in opposition, ~ Dther concern that I have is the traffic on ~ again. Thank you. our street on West Windsor Drive is already extremely iv CHAIRMAN 1NATK~NS; Thank you. Margaret ar ss heavy to the point of causing the residents to call ~f Tom Hook. s~ police far increased .patrolling because Qf the speeders s2 MS. HOgK: ~ didn't put down tv speak. But x3 and because the increased traffic. ft is not safe as it sS I am in apposition because ~ live on the corner of s4 is' s~ Windsor and Hinkle. And it's bad. s5 f understand, further, that their traffic sS CHAIRMAN WATiClN Is that for bath? sS through the West Vlfindsor Drive is onfy going to increase s~ M. HOOK: I'll speak for him. Yeah. 17 when other traffic imprave€nents within the City of t7 Yeah. He agrees. And our mailbox has been knocked down i8 Denton are going to be made, And I have heard ghat dust i8 already Our neighbors has been knocked down. I don't i9 recently drat it wildimpact the traffic patterns in our s~ know how many accidents have happened an that corner area for the next ~serreral years. ~n addition, i would zo since we lived there, . ~i expect that the nearby shopping mall area would increase 2s CHAIRMAN WATKII~S: Okay. I have Don bong. the traffic considerably on our street. ~7 ~s there anyone else that wishes speak far ar against 23 ,And my this brings me the ques~on, ~3 this +tem? Please came forward to the mike and give us What traffic studies, if any, have been donee According your Warne. ~5 to traff•~c flows, you know, set times during the time. zS M. CUNDALL; Gaol evening. My name is S~ 84 s Camparrng that to the anticipated traffic flows in the s Cynthia Cundallt I live at 700 West Vlfindsar Drive. I ~ fu~re, ~ can throw a stone and hit the property from my property. a i am strongly opposed to any apartment 3 My concern, in addition to everything that ~ buildings, again, in this area Single residential 4 my wonderFul neighbors have mentioned, is there's going ~ homey, yes, with the proper traffic studies done, But S to have to be a total new district of schools in this a not apartrner~t complexes. It will spoil the lovely G area if you're patting that many homes in. Whether ~ character of this this area of parks, open space, and 7 they'ro attached or whetherthey're individual, you're 8 lovely harhes. Again, strongly apposed. Thank you for ~ going to have ~ it's going to impact the school 9 your time. ~ 9 districts, ilk addition to impacting the traffic CHAIRMAN WATKINS: Thank you, Barbara patterns. ss ReiniCe, s~ Another issue that Ism concerned about is MS. REINIC~; Hello. I'rn Barbara Reinke, s~ my own property value, I don't think enough people have i~ 70~ Northridge, And I'rr~ here in apposition to the s3 mentioned this one. There an attached house s~ proposed Specific Use Permit for the subdivision. i~ depreciates at a much faster rate than an individual sS i agree with all of my other fellow s~ family dwelling, When we bought our original house in s~ neighbors who've spoken before me. 'But my main concern ~S Denton ~5 years ago, we lacked at a condominium of the Z7 is the proposal for the attached housing is oat normal s7 same price. s8 and 'rs not customary to our neighbarhoocl, And I believe s8 1Nell, our house has increased in value i9 it would be a bad, bad fit. Thank you. s~ quite a bit since ~5 years ago. The old one. But the CHAIRMAN WATIC~NS: Thank you. Marc Mofht zo condominium that we almost bought did not ~-didn't ~s Ml~. MOFF~T; Mr. ~ Chairn~arr, I'll withdraw my increase at all, Y mea~r, it increased Borne, but it . request. z~ hasn`t really a condominium is, like, ghetto hausir~g ~3 CHAIRMAN WATKINS; okay. Jiro Dickerson. ~a now years later, MR. I3ICKERS~IV: Good evening, everyone. And ~'m planning on living in this house. ~5 dim Dickerson, fi2~ West Windsor. My wife just spoke ~ zS the rest of my life, It's my dream house. And we were P~4NNiNG & ~ONi•NG C4~IIIMISSION ~av ~n ~~r~na any., ~ ~ a a ..r a n F a~ U ! LV air V 1 14V s~ ~ really exited to buy that property and build lt. I 1 to make some comments to yau. Tam definitely opposed would really really hate to see my propert~r vaf ues ar~f ~ to this addition that you're proposing to pass. 3 that of my neighbors go down because of small houses on 3 Hopefully, you'll take r~cansider it off, ~ small fats in a small condensed area, 4 some things I'd like to mention, Hinkle is 5 i don't knave what sires these houses were ~ already in terrible shape, as yau know if you've dr~wen ~ proposed to be, but most of the houses in the Northridge G down that street. The corrditian is deteriorating daily. ~ neighborhood are 1,70Q feet or better, And I ~ It needs to have a complete overlay. And the cast of 8 heard a rumor of same cart that they were going to be 8 doing an overlay and fixing streets in f)enton is quite ~ less than ~,~0~ square fast, I don't know about you 9 expensive. I realize that, But you just keep letting i~ guys, but if I think about a dwelling that size I think things ga. And it gets wane and worse and worse That about lore income people. And I thirrlc about additional needs to have same real serious road work. And to add crime. something like this that's not conducive to our ~.3 And I think about, yau know, a lot of a neighba~hoods an the streets that I dust forementianed 1~ lot of low income people. You knaw~ they have more of a 14 is de~nitefy riot what we'd like to see in our ~5 tendency tv have crime and drug use and all this other neighborhood area, ~s stuff. a I am very. very concerned about the t~ The constant flaw of traffic on Narthr7dge. neigllborhaad gaing down at a much faster rate than it Vile see traffic everyday of people coming down our i8 would beca~,se of neighbors who have much lower incomes streets taking the shartcuLs, as the yaung gentleman ~9 than we do here in the Northridge area Thanks far ~9 before rnentianed about they're gaing to take the least ~o listening, 20 ~ resistance to get to their work area. Tt's gaing to ~1 CHAIR1HAfV UIIATICTN Thank you, z~ increase if this is allovued carving up and do~rn or~r MR. ERTSI3Y: My name is hack f=risby, and I ~2 streets. And I worry about that There's a lot of ~3 live at 405 Magnolia. ~3 yaung children that is around our area that possibly And I heard somebody say they were a 24 might run out to pack up a bail. And T know there's ~5 nurrrbers guy. I'm a numbers and a money guy. And about already been same people that have been in an accident 86 88 ~ three years ago I was talking to a high ranking Denton and hit in those areas. ~ If) official. Back then he told nee it took nearly a ~ And to say they'd just hawe~ one egress and ~ $~aa,~aa hacrse to educate two kids in an elerr►entary ~ ~ ingress out of that is the mast ridiculous thing I've 4 Schaal and break even. I don`t think that's what's ~ heard of to put a X00 car vehicles in that area to 5 gaing to get built there. ~ get people in and out. Zt will bean absolute Boa in e I can't speak far the City and their money. 6 the morning to and from work, I'm sure. I don't know if 7 Have you looked at lllewtan Rayzor's portables lately? ~ you"d have to put a traffic signal up or some type of . 8 fivers f~ar'k~ You want to build another school somewhere, 8 device to regulate the traffic of in and out there for ~ get the money. fend the teachers? I can't speak far 9 people in that neighborhood. ~o fireman, palicer~an. Y don't knave what it casts for ~o The proposal of those houses to be t~ them. f~ installed is it to my opinion, i ridiculous. And it looks like to rrre, the only people ~2 We'd like to see the same consistency of homes in our i3 that make money out of this is the iron that sells the i3 area to be at that area. 1Ne~ need the citizens in our ~4 land, the developer, and four or five builders. And neighborhood to be respectively ask you to reject you've got about X75 homeowners. And the City of Denton this proposal, And I thank you far allowing me your iG wiH pay far that extra traffic. And all I can say is attention to this matter. for the X75 people here is rat many people vote. E-rnaif to CHATfif~AN WATKIN: Thank you. Next, ~ your friends, your neighbors, your coworkers, Get your 18 M~, I~A~INELL; HeHa. ~9 City Council's attention. Thank you. 19 CI~fAIRMAf~ V~IATI~IN Hellas ~0 CHATI~MAN ~11IATfC7N: Thank yau. M~. MA~CIN~I.L: My name is Donna Maxwell. I MR. Cf~A66: f~1y name is Marvin ~rabb. I ~t live at 5~4 Mirnasa f~rive. I'm sorry, My husband had to reside at 507 Northridge here in Denton. And I did sign run pick my daughter up at church, but he ~rauld have . ~3 up. But you didn't call my name. But that"s okay. spoken in apposition to this proposals as well. ~ On behalf of the neighbarhaad of lVarth I am rat apposed to this property being ~ Carroll, Northridge, Mlrnosa, arrd Headlee, Y'd just like developed. Ithink asingle-family hauling development PLANNfN ~ ZONING ~DMMiSSlON MAY ~n 4 ~ .r► r.. ~ gib' . r ~ with consistent lot sizes to what is the cont€guaus i desirable neighlaor~ood. ~ area east of the properties waufd be a very reasonable ~ I am currently a real estate appraiser. ~ solutia~n to the land use there. I personally, vie ~ And my understanding of an NR 3 deli nation is that 9 ~ bought this our house, which is on Mimosa one block 4 there are three residential lots per acre. That, ~ east of this. Even though YVe're not !t~ the, quote, ~ roughly, comes tD about ~S dust a little bit over B. Impacted area; I assure you We will be Impacted by this ~ 1,5~D square foot lat. Now, the current site 1S ~ development. ~ ~ signifcantly smaller planned lot sizes, igni~lcandy, . e And; we bought in this area, in this school 8 Almost half. That is an increased density of it's 9 district sa my daughter could go to Calhoun Middle 9 doubling the density that is currently there. io Schaal, and my daughter could go to Denton High Schaal io Now, as you've already heard Pram my 11 because of their outstanding arks programs. And we neighbors, we already have a traffic problel an Hinkle i~ looked around, and it vas not easy finding a Drive, Not only i there a large a volume of 13 neighbal'~'lood W~ felt was safe, ~ neighbarhpod we ~ 1~ trafFiC, but it's ~ pedestrian way. There are chlldrn 1~ had a stable and established feeling to it with trees ~ that are walking across ~Univer~ity Drive going home from is and fawns and neighbors who would talk to you and gave Rayzar and from Benton High chaol. It's a safe tY at you and go out and talk to you whey t'ou't in your z~ issue. ~T front yard.. ~ 17 If you're going to increase traffic only i~ 1Nhen we wee investigating and looking for ~s by only allowing cars to came in and oot an Hinkle 1~ homes, this neighborhood popped out at us. And the 19 Dl~ve, something has to be done. You`re goin to have g ~o first two ha~ses we tried to buy in the neighborhood ~o to widen Hinkle Street, ar you're going to have to do ~x were supped up before they even could consider our sorl•Iething with traf~lcs lighting, with the tr~afl•ic light . zz offer. 1Ne finally got into the house that WeTre to by signals, et cetera. ofFering them $I,l~DO more than their asking pace, And Another issue is that an the west sides of ~ so we'I~e .very pleased. But we didn't buy a house. ~V ~ this proposed site, it's a floodplain. Significant ~ bought the neighborhood. That's what we wanted. And floodplain. If you're going to put up that much 91~ 92 ~ that's what T feel like is being threatened. And that development, water is going to have to ga somewhere, ~ that's going to taken array from nee vrhen all these a Where is it going to god It's~gaing to ga into the ~ rats stmt camtng through. ~ suttndrng l~erghborhoods. It's not gang to go north. ~ The other thl~ng I liked about that ~ It~S going to go south. That's all ~ have. Thank you ~ neighborhood was the people that live there and my s very much. s neighbors what they do for enterkainment is they work ~ CHAIRIU#AN 1~lATlCINS. Thank you very much, 7 an their yards, they talk to each other, and they walk ~ Next. ~ their dogs. And that's --that's my li#estyle, as well. s My SALIL: Coed evening My name is ~ That's v~l~at I like to dv. And I don't feel like that's 9 Haticia Salil, and I live at ~~0 Northridge. iD going to be a safe thing to do if that is a major is I, too, am opposed to this development 11 intersection, which it's going to be .a big Intersection because, originally, when Mr. Rick Baru was telling us right there at Hinl~le and ~lin~osa if this development how he proposed to develop it, he gave us three 13 and the trd~iC proposals are approved as written here. different plans, One of wrhiCh one of which were t~ So I appreciate your attention. And I considered to be acceptable .lay the neighborhood. Now, ~5 really, really want to make It very emphatic how opposed i~ vVerre talking about a attached homes. 1~ myself and ray husbal~d are to this. This is very I ~s And I do agree with my neighbors. Mlle do 17 cannot state as strongly aS I would like ta, really, and f7 have tv maintain the basic character of our ~8 be civil and sa thank you for your time. 18 neighborhood. The neighborhood is getting younger. vie CHAIRI~IAN VIlAT1CIN: Thank you. i9 have more children haw than we used to before. And I, MS. PHELf~S~: Hi there. My name is Esther ~p please, ask all ol• you to look at this very carefully Radl~guez l~helps. I live at ~~6 Headlee Street. I had ~t before you approve it~ `hank you. az the fortunate opportunity to move into this neighborhood 2~ CHAIRMAN VIlAT1CINS; Thank .you, l~ext. ~a about ayear-and~a-half ago. And my husband and I have, ~3 MS. MORI~~; Ism Mary ~lgle Morns. My 3~ I guess, traded up several times to finally be able to husband and I five at 7Q0 Magnolia. Our home was built zs come into this neighbarhaod. It was a it's ~ ~s in X975, as was the majority of the neighborhood in the ~ PL~4N~IfNG.~ ZONE.I~C COMMISSION MAY 2~~ R~n~ sto a~ ~ ~ n ~ c.~w V1✓ LV i►4 ~l I 1 "'rV ' - v N . F'_ 1 '6©'S and '70's. ~ busy. There's no light. a they will go down Mimosa, ~ In ~aa7, April, our home flot~ded. Fist ~ And that's going to be a dot of cars coming dawn that 3 time in all of thaw years. The whole house with the 3 neighborhood that is pretty quiet now. ~ exception Df one bathroom and one bedroom. In June of a The gentleman, also, says that he's going s ~g07, our home hooded again. This had never happened. s to keep the trees vn the west side. He has to keep ~ Yes. These were hundred year wads. Two within ~ those trees on the west side, It Is a flaodplain. o ~ two months: ~ he's not really gaining anything. And I'n1 curious if S Vlfe Were told that this was due to the 8 when you take out the flaodpla~n, haw much acreage does increased development north of Vl~indsar and to the west, ~ he then have to build an? ~o but dl~ect~y north of Windsor. And the thought of And another thing Is there are na attached li having this much more developrr~ent now to the east of us, i~ homes in that area. And this gentlernan says he's going ~x I can't handle being flooded again, dust it cannot to put in --what Is its ~~-something 4~ attached 13 be. 1~ homes. we're all single-family I'd like to keep ~t ~4 Nothing has been done even though we have ~a that way. ~s talked to the City Manager and Clty Engineer, whomever 15 And I'd like to see him address this 1~ It was that we were directed by ou{City Councilmen to traffic problem. How is he going to address all the speak with. And we were assured that by the faN traffic that's going to becoming down Mi~€osa? He November of last year that this would be at least 1$ hasn't even done that. He dust puts one exit, one started. Nothing has been done. Nothing has been done 1~ entrance, and says that's it. Thank you. ~o ~ do not want to be flooded again. Thank you very much. CHAIRMAN wATKiNF Thank you.. Next zi CHAIRMAN VvATKIN Thank you. Next. MR. CUNDA«: My name is Steven Cundall. ~ ~R. BRATTVET. Good evening, My name fs i~ve at 7aa west 1N~ndsor, ~a Bill Brattvet, G~5 Mimosa Drive. And my wife will ask ~3 And when ~ rnoved into that neighborhood, i me when I get home tonight if ~ spoke to y'all or not, decided to build a house that would be better than ~5 And sa I thought I better get online. And because 2~ what's In the neighborhood to €~ake the neighborhood 9~ i we're very serious about this, i better, My house is over ~,aDa square feet. It's ~ Andr you know, we've heard that the traffic ~ two-story, set back. I live on anacre-and-a-half worth a is going to be funneled dawn l~irnosa, I turn 6~ this of sand. You can see my house. It's that little square ~ year, and my son turns 13 this year. sa we've got a ~ with what looks like a panhandle up there, like a ~ senior and a r~aniac in the same house, ~ guess. And we s hatchet. That's where my house is. s need a neighborhood Ilke the one we have. tNe're having s And what I've heard tonight, and also f ~ a black pay Saturday night with our neighbors. I ~ what I've intimated is that this kind of development I a don`t think we'd like to see cars whipping up and dawn ~ not gang to Improve this nelghborhoocl. I moved there, 9 the street cvm~ng from other areas. 9 built my house, and ~ expect to see same kind of too, believe that whoever owns that has io Improvement in the neighborhood. Not something that the right tv develop it within the reasonableness of our degrades ~t. And so I would appreciate that you alb 1~ neighborhood, and make It, y0c~ know, the carne in the 1~ consider that. And thank you far your tine. sense that it doesn't cause problems for other people. CHAIRMAN IATKII~B: Thank your, All right. I always €eel like, you kno~r, We try not t0 cause we're at a crossroads here. I'm not going to close the problems for other people. Be a good neighbor, And so iS public hearing. Vlle've been an hour-and~a-halt. And I'm ib that's really all I have to say is please don't send obligated to give 45 minutes to opposition, You're 17 those Cars down Mlrr~asa. Thank you. going to be the Iast speaker. All right. ~s CHAIRMAN wATKIN: Thank you. Next. 18 MR. ~AICER: I am in apposition. I'm also ~9 MR. KRAG~E: My name is George ICragle, I the applicant. 2D live at 6I~7 Mimosa. ~o CHAIRMAN ~IATKIIIIB: I knave you are. And I ~1 And if you look at that plan, there's going x~ have given an haut~and-a-half aver 45 minutes. please to be one exit out of this deveioprr~t. ~ 2~~ cars continue, but y are the last speaker.. are going to be coming and going. And a lot of thane ~3 MR. BAKER: okay. My name is ~4 are going to whip across Hinlde and go down Mimosa. You CHAIRMAN wATI~IN Tonight. z5 cannot go dawn Hinkle and turn to the east= It is too MR. BAKER: Ail right. I~'m l'hilllp y~ my ~LANNIN~ ~ZDN~NC ~{~M~ISlQN ~II►4Y2~. 209 Par~c~ ~a~ a~ ~ ~ may.. vw air atr ~ r ~ y ~ ; :.:.;r,~ . ::try ~ name is Phillip Baker And I'rn the chief operating ~ ~ at the north er~d, and bring some balance, Yes. Yt'd be ~ officer of tl~e Raynor Carnpany, general Partner of Raynor ~ as far as I know, the density is riot being changed. 3 Investments, which owns the land. 3 It's NR 3. It's r~vt being changed. UVe're just 4 Unless Council disagrees, it's I don't ~ ~'econfiguring it to bring mare balance and compliment S think this hearing has anything to da with traffic. s attached homes that ire already there. food Samaritan ~ It's about arc issue dealir~g~ with a special lase Permit. 6 has numerous duplexes surrounding the premises there. ~ Sa with all ~ do regard about all these traffic issues, I ~ So it's it's really cor~nplimenting that. It wont be 8 respectfully disagree, s apposed to it. ~ I'm trying to put a high €~uality ~ And there is just one entry way, What park ~o developrnerrt in this piece of farad. And I've been is true. But there~s also a second exit that~s uvorking on this for sip years. 'his has been before 1~ emergency personnel only on the north side where Windsor this Councill ~-this panes, PBt~, three or four times to is' ~3 get the zoning, Y don't know that I can add anything else Initially, I had it upder contract for ~4 to that, folks. But I think this is a quality project, 15 about I.4U houses And I, eventually, agree that was too And somebody rrrer~tioned schools, We don't talk about much. And we dunned it dawn we brought it down to what we do much, but we j~rst gave we just gave two about 16~, which everybody thought was more reasonable, sites to Denton ISf] and I~ntana. I think it's Blanton ~s and see€~ed to meet only some of the corn.plaints to the Elementary and Harpool Middle Schnc~l~ Eugenia Porter 19 neighborhood. Sa we reduced the density 19 Raynor School was given by us. We're doing things to 2D We're trying to put a quality development zv help educate the kids in this community, ~x on the ground. The traf~rc --the lady that re€erred to We're not j€~st trying to put houses on the ~2 the person killed on Hinkle it was a jogger that was ~2 ground to Leap lots of money, We've reduced the 23 killed by a drunk driver. I'm not sure what that wo~,ld ~3 density. I~e're taking less money. 1Ne dvr~'t have arry Dave to da with our development. It can happen ~ buyers far this, 1Ne're just trying tv get the zoning in ~s anywhere, ~s place so when the market camel back and wants to build 98 ~ 1 Hinkle is a collector street. Y thi~rk it's ~ there, t~►ey'll have we'll have it all done sa they ~ capable of carrying trafific. The neighborhood traffic ~ can start building, . 3 p~'Dblems in Northridge 'rs because of they're Carr'o~l 3 So r~athing's going to happen there, folks, ~ Boulevard goes nowhere. People go down it, ar~d it goes 4 for a while, We're just trying to put the zoning in ~ to a deadend. My understanding is that happened during 5 place far somebody. ~tapefuily, bring a quality ~ Mayor Stephens when he was mayor same ~D 36 years 6 developer in to build on it. "hanks. ~ ago. The neighbors didn't want it to ga through. 7 CHAIRMAN INATKIf~S; Thank you. Thank you. . ~ Nell, think about it, folks. Traffic goes 8 Okay, Camrr~ission, where do use ga from #aere? Da we ~ down Carroll, deadends, Where's it going to go except 9 continue it? ~.0 through Mimosa, Narthridgef and all those Headlee iD MR. DRAKE; If you want to ask him does he ~i those streets up there? I'd submit to you that traffic still want the Commission to act on it since he spoke. is just a red herring here. It has nothing to da with CHAIRMAN WATKIN. Okay. The owner, Do 13 R-we're going to put homes an there. There's going to you want us to proceed? i~ tae traffic, I doubt that those traffic will go through 1~ MR, BAKER; Sure, you can, As far as I'm ~s those neighborhoods anymore than they'll go anywhere is car7cerned, I have na objection to going ahead and you ~.6 else. I don't know 16 opting an it. CHAIRMAN WATKINS: Please, please, please, 17 CDMI~ISSICNER THOMAS; lorry, I'm not iB MR. BAKER: I don't know about the fB talking really loud anyway. And I'm sure oat with the s~ flooding. I don't think there are any issues. I think 1~ microphone off. I was wondering ff we could get a ~o those have already been studied. But my engineers couple of clarifications from a couple of different ~s whoa are supposed to be here tonight have not asked departments. Coe of which is I'd like ttre Planning and 7~ far the postponement. honing my mike is on. I'll just get a little closer. ~3 But I don't know what I can add to you. ~3 I'd like the Planning Department to discuss the caning ~ The tawnhomes is an element in the southern end of it 2~ issue, again. ~s that we thought wquld camplirnent the single+family homes ~5 i understand that there's also a lot of PLANNfNG & ~~3N€N~ C~~fNIfSBIDN INAY 2(1 7nr~ D~~.a ~ ~ nn a a n I vv v F i `FU i disinfermation in cases like this. But, again, the i MR, ARORA: Yeah. Hinkle is a residentia! ~ coning is staylr~g the same, And I'm sure everybody ~ collector, 3 would prefer to hear that from somebody other than one. 3 COMMISSIONEf~ THOMAS; Right, Yeah. ~ It's just this is a Special Ilse Permit, ~ 1Nindsor being a second our standards don't even allow ~ And the other thing is en the trafhc, if are egress onto Windsor from a subdivision; is that ~ we could have someer~e from Engineering speak brieFly ~ correct? ~ about the entrances and the exits, I'r~ sure we all have ~ MR, AGORA; That is correct. If there is B a little interest, in there In that.. 8 an access from a lesser street, then we do not allow ~ MR. ARORA: Okay. The property has at ~ entrance er exit €rom a secondary arterial. And Flinkle 1~ Windser Street dust nom of which is a secondary i~ is a lesser street in th"rs case, it arterial, and Hinkle Drive is a residential collector ii We do not have a distribution of traffic as t~ street In terms of traffic generation) they have riot iz to what will go on Mimosa. I don't have that data if i~ submitted any trafhc data to us yet. 13 any will ge on that, That may ~e a comment a~ the But we d'rd Borne gr~ick calculations. The t~ applicant iF you se choose to do se. 15 data indicated that it will not elevate itself to a TIA. 15 COMMISSIONER THOMAS: Ol4ay, ~6 It is~ below the threshold. It is less than 1,000 y~ ~G I~1R, ARORA; Yes, sir? ~7" that was daily volume on traffic during the day time, i~ COMI~TSSIONfWR EAO~ETON; Thank you, t've ~8 And the peak vas ceming 'rn at less than x.00 during the is dust gat a couple other questions. T understand the 19 p,rr~, hours, i~ req~,irements to 4- er the limitations of having an ~o In terms of distances from Windser prive to 20 ingress~egress onto Windsor Street; however, I think ~i the entrance an Hinkle Drive. It meets that criteria of ~i it's ludicrous that we have one ingress and egress into 2z more than tOQ feet 9e1ng from a secondary arterial to a development like this because of the n~,mber of sites. 23 on a residential collector. They will have to meet the 2~ MR. ARORA: llh-huh. ~ requirement of parking the gate what we put in our COI~MISSYOfV~R EAG~.~TON: Is there some kind ~5 cemrnent was 150 feet inside the property. So there'll ~5 of workaro~,nd such as a ~Q~ i be a stacking distance from H€nlde into the property. CHAIRMAN! 1NATICIfVS; Variance? ~ So any traffic that backs up will be stored in that ~ MR~ ARORA: Theytd have to get a variance 3 area, And . ~ 3 en it, . 4 COMMTSSIOIUER ~ACL.ETON: i'rn sorry, I.S. 4 CHAIRMAN WATKINS: A variance ~ flow far is that stacking distance? 5 MR. ARQRA: There is a far fire there is a MR. ARORA~ 15~ feet is what our comment ~ an entrance for emergency access 7 waste have the gate t5D feet inside, ~ COlv11NISSIOl1lER I~CI_ETON, i understand that, 8 ODMMISSIDNEI~ EACL.ETON; Okay. ~ That's emergency. Yes. 9 IHR. ARORA: And, also, provide a vista as 9 MR~ ARORA; Right, sir 10 the resident entrance into the property, and, also, a COMMISSIONER EAGLETOfV: But is there any ti turnaround. If somebody is rret allowed into the 11 other kind of workaround; 12 property, they can turn around and ge back. So all iz I~R, ARORA; llVell, we we are applying the these are part of the gated community requirements. ~3 Cade 14 COMMISIONER. ~AGLETONa Uh-huh. Okay. !4 COf►~MI~~ONER EAGL~TON: Uh~huh. COMMISSIONER THOMAS: P.S. i~ MR. ARORA: If they would want to get a iG MR. ARORA: Yes, sir? i~ variance and you would choose to approve that i~ COMMISSIONER TIiOMAS; Are I'~n sorry. 17 COMMISSIONER F~AG~ETOirf~ llh-hula, 18 Did I interrupt you? ~8 MR. ARORA: there would be another COMMISIONI~R EAGL~TDN: Na. 19 entrance onto Windsor I3rive. COMMISIOI~ER THOMAS: Okay. Are current ~o CoMMt~SIONfR EAOLETOi~I: Dleay, ~i engineering standards because Windser being a second ~i COMMISSIONER LYICE: Is part of the problem 2~ arterial isn't that what you said? with the entrance this concept of the gated community? ~3 MR~ ARORA: Windsor Drive is secondary It can't hive more entra~lCe~ onto Hinkle 2+~ arterial. 24 MR. ARORA: If there need be 4, ~S CDMMISSIONI~R THOMAS; Windsor, Windsor. ~5 COMMtSSIOI`!ER LYKI~; if it would not be PLANNfNG & BONING COM~iSION ~ MAY 2Q_ 2~~~ P~r,o ~ t1 ~ ~ n~ ~ a n , „ , ..Ti < ','Y.,. :`.L:. - "Ni-F.:E~vl~ 4.F: wc.F~.Yy X05 ~ 107 i gated? 1 MR, ARORA; Right, ~ l~iR. Ai7,ORA; Yeah. If there need be z COf~i~I5SI0lVER ~A~LETON; If we could get 3 separation criteria, I think that can be accommodated in 3 some clarification on that, l~e~ause my understanding ~ terms of the driveway separation, ~ was that, just speaking in general, these are not ~ COMMISIOI~I~R LYK~; Uh-huh. It's just this 5 these homes are rat half the size of the homes in the G concept of the gated cammunlty ~ 1liorthridge area, ~o if you could clarify that please, ~ I~IR, ARORA: That's correct, in carnparison tv what's in the iVarthridge area. ~ COMMIB~I~NER LYKE~ that gives us the S MR, APPIAH: The i- for this development, 9 MR. AR{~RA; Right, ~ which is in Neighborhood Residential 3 Zoning District, C~MMISIDNER LYK~; one ingress and 10 we have a requirerrrer~t in the Denton Devetopme~t Code 1~ egress, i~ that says that if you develop in a property of two acres MR, ARORA: a that's something they choose i~z ar mare, then you have to have a dwelling unit of ~,5. 13 to do. ~3 there is no minimum lot size if we go with i~ COf~l1~7T5IONER LYKE: ~h-huh, 14 the density. a and they have the minimum density . iS MR, ARORA: Right. Okay, 15 req~,ired for tl7e entire development, which is 30,7, And 16 OO~MISIONER EACLON: P,S,, I'm sorry. 1.6 they're developing X00 units. Sa when you divide x.00 17 When you spoke about the TIA, I didn't understand what units by 30,7, you get a rninimurn of 3~ to the acre. t8 you said, Did you say that there has been aTIA t8 And that's what we go with as prescribed in the Denton 19 MR. ARORA: No. t~ Development Code, ~D CQMMIIOi`iER EAOL~ fON; or there will ~o CU~1Mx5ION~~R EA~LETOH: Okay. I get that. ~i. be? Or zt But maybe dust in plain English, If maybe the builder ~ ~z MR, ARDRA: No, Ackually, we have asked ~2 or someone could just tell us what the avers a house 9 2~ for a traffic generation will be require~f during the z3 size is, ~4 platking time, Preliminary plat time they rru~ll submit f~ll~. APPIAH: Oh, okay. Ida have that. zs that data to us. But we went in. And based an the COMMT~~YDNER ~ALETON: okay. # X08 number of detached homes and attached homes we looked ~ i MR. APPIAH. Far the detached single-homily ~ at what the traffic generation will be from the ID z units, it's going to be ~O,OOD. And for the attached 3 manual. And we came up with a number, and they'll -y 3 units, it's going to be 4,85b square feet. 4 can confirm that, Let me see, T have that number here. ~ COMMISIQ~I~R EACLETQN; T'rn talking I'm s Oh, here it is, We came up with 9~7 taps ~ talking per house. What is the average house size? G metal. Sorry. 981 trips ~vtal, S94 f~r~ the G MR. APPIAi•I: Oh, 7 singleyfarnily, and ~9t from the detached from the 7 COI+~f~IIIONER ~ALETDN; Is it 1,500 square 8 attached, 5arry~ And we require a TIA when the number 8 feet? ~ of trips equal ar exceed 1,D00 trips in a day, ar they 9 I►~R. APPIAH; Okay. We don't know that. 10 exceed 100 trips during a peak haur~ 1Nhat is going to determine the size of the house is the 11 ~r~ this case, a p.rn, pear hour is i~ lot coverage. o the lot coverage is going to determine 12 considered to be more stringent criteria. And we looked iZ the the size of the homes. 13 at that data. And we carne out with G2 trips from the 13 CQI~If~iTSSIDNER EACLETOi~; Okay. i'rn sorry, i~ detached, end 3~ trips front the attached single-family, That hasn=t answered my question, I the gentlemen i~ With a 94 total 15 da you understand what i'rn saying, ]ay? You're a i~ OMI~II~ZONER ~ACLETDI~; Okay. i~ builder, Maybe you can can 17 MR. ARDRA; 5o if they apply you know, 3~ COMMISSTON~R TH~f~A: I saver over ~8 they went back and did the calculations and submitted is 50 percent of the lot, 19 that to us. And if the numbers are the same, they will i~ COf~II~IISiQIVIrR EAGLETON; Okay, be exempt from doing a ~`IA. z~ COI~MI~IDN~R TFlDMAS; Is that easier? ~i CDMMI55ION~R EAGLETOI~: Alf right. Okay, COMMISSIONER EA~LEfOI~; Okay. What does And I had one other question, Mr, Chairman, if I may. z~ that mean in terms of house si~e7 I'rn just really 73 Someone mentioned T think it was l~s, Phelps mentioned z~ trying to z~ about the lots and the home sizes, And T'm not sure, if z4 COl~l~1I5IONER Tl"iQIwAS: On a lO,OD~ square ~5 P.S,, if you're the person that would speak to this. foot house you can't go over you can}t cover over PLANNING ~ ZONfNG CQMI~ISIDN ~11dY ~n a nc _ ■ nn _ r . rays u LU i UPS OT 14U 1~9 113. ~ half the lot, ~ somewhere around x,500 square feet ~ COMNfI55iONER EAGLEI`Oi~l, light. SO ~ COMMISSIONER EACLETON. Okay. That's 3 COMMISSIONER THOMAS; You can't cover over ~ MR. BAKER: for the single-family, glow, ~ 5,OQ0. The excuse me. Generally, the deed ~ the townhouses would be smaller. Bit I don't really restrictions put a limit. And those would be~the owner ~ know the size of those lots, offhand. They're smaller, ~ of the development or the current owner of the land, ~ but they're also more compact, ~ however they have their arrangement. But, generally, ~ COMMISSIONER EAGLETON: All right. Do you 8 they'll put in the deed restrictions what the minimum a see a 1,00 square foot home laving built in? 9 house size is. 9 MR. BAKER; Not in single~fami#y, COMMFSI(~N~R EAGi.~TON, Utz-huh. its COMMISSIONER EAGLi=TOI~I; Right. 1f COMMISSIONER THOMAS: o Nana`s oat really 11 MR. BAl~ER; It won't pay, 12 in a real goad position, I don't think, tQ tell you iz COMMISSIONER ACLETON; Fight. Ol~ay~ 1~ DMMIIONER ~AGLET+DN: Right. ~,3 Thank yoo, ~4 COMMISSIONER THOMAS: how big the houses 14 MR. BAKER: Yes, sir. 15 would be. But, you know, I mean, it's pretty easy to 15 CHAIRMAN W►~TlCINS: Yes, ]ay? 1~ get a x,000 square foot house on a 14,000 square foot COMMISSIONER THOMAS: INe still have a 17 lot, 1~ number of questions regarding street access and things iS COMMISSTONER EALETON; Right, 18 of that nature. And, I guess, Dr, Lyke, maybe I~rr~ not i9 MR. LOCKLEY; Let me see if I can, also, 19 reading ray packet well enough, but I didn't think that ~o add to that And this is in the Denton Development Code zo this was to be a gated community, Thy gate~is j~,st for of Section 35~ 1~.5 minimum floor area requirements. It ~1 the Fre Department is what I understood. did you read just reads: The minimum heated floor area requirements otherwise? for single-family dwellings, including modular homes or x~ COMMISSIONER LYKE: I thought that we did any manufactured home in any zort'rng district is 90a he just said it was to be a gated cvrrMtnunity, ~5 square feet per unit, Multifamily and accessory ~5 COMMISTONER THOMAS: Tt is? 11Q I,12 i du~rellings must have at least 500 square feet of floor 1 COMMISSIONER LYKE; Because it that's ~ space per unit. Tl~e minimum floor area required does 2 part of the that seems to be part of the street 3 not include porches, patios, garages, or car ports, ~ configuration is that 4 So, in other words, if he were to follow 4 COMMISSIONER THOMAS: Okay. ~ the strict letter of the Code, this is absenting any 5 COMMISSIONER LYKE: if them was if B deed restrictions or anything like that, the min€murn 6 it was riot a gated cornmanity, we would have mare than ~ house requirement is 900 square feet. Okay. ~ one ~ COMMTSSIONER ~'HOMAS: There is no S COMMISSIONED THOMAS; Okay. 9 eccmornical way to build that, 9 COMMISTONER LYKE: access in and out of 1~ MR. LOCKt.EY; I'm just I'm just reading 10 the development. 11 verbatim from the Code. 11 CDMNiFBSFONER Ti-IOMAS: Okay. I did not read COMMISSIONER EACLETOI~: Men`s my deal. I i2 it close enough then. i~ understand that. I really do. But, I guess, we have i3 COMMISSIONER LYKE: l~h~huh. 14 several, you know, I g~,ess, concept plans here. I iq MR. APPIAH: Yes, It's going to be a gated 15 really just am lacking to i*ind what the developer is x~ community. i~ thinking the Dame size are going to be. That's really iG COMMISSIONER THOMAS; Okay. 17 all I'm asking, 1Nhat is planned? 17 MR, BAKER: Na, it's not. It's not going 18 MR~ BAKER; The answer to your question, 18 to be. 19 the average --the single-family lots one. I think, a 19 COMMiSiOI~ER THOMAS: Yes, it is. Not it's 20 minimum of square feet, And they go up ta, I zo not. 21 think, 1,000. The 12,QQ0, there's fewer of those. ~1 C0~#MISSIONER LYKE: What? 1Nhat? There's mare of the 75 to 8,500. I don't know that M5. MAlCWELL; I think I know the reason for t3 we've gotten them, I think they're to give you an 23 the restrictions on where you put the entrances. I ~ Idea, I think, the home prices a intended to be z4 think it has soothing to do with between 150 to $200,000. SO I would guess anywhere ~5 COMMISSIONER THOMAS: Please come forward. PLANNiNC & ZQNiNC COMMISSION ~n ~n v~,~~ ~ na a ~ ~ ~ ~ n ~~v u~yr~ 1 V,7~ 4V I I L v I I Atv ~i~ 1 MS. MA7CWB~~; lorry. i the use for the multi-#amily housing. ~ COI~IMISSIOIVER T1101~A$: That's yo~rr job. I'm ~ MR. ~.OCIY: Let me !et me also add to 3 sorry. 3 that carnr~ent. ~ MS, MAXWB~.L: This is dust from my 4 CgMMISSIONBR THOMAS: Not a mufti-family. ~ observations because I wal~C my dag them everyday. But 5 MR. I~RAK~: I'm sorry, The attached G I believe that there's utility poles that they don't 6 housing. I'm sorry. 7 want to pay tca move because in that at those T COI~MISIDN~R THOMAS; Not multi-family, S inter~ectian except for the one on. ~fir~osa. I thin~C 8 iwll't, l`DClCLIYIf: In addition to that and 9 that's the only reason they Carr put an entrance there. 9 this is speaking, specifically, to the use in iD But that's just my guess. 10 Suixhapter 6 under specific uses, the Com€nissivn may i1 CHAIRI~fAN WATICINS; Uhihuh. Yes? li also include conditions fat would mi~ga~te those i~ COMMISIONIWR SCHAAKE: I have a question in iz impacts of this u on the adjacent property. i~ terms of what w~ are to be considering tonight. It 13 And those are all outlined in 35,6.5. And 1~ seems to me that the question before us is tv do with i4 it goes from A to P. And those deal with such thiflgs as 15 the SUP that has nothing to do with the configuration of ~5 regulatia~n and limita~on of uses, regulation of 16~ how his is going to be laid yut ~or what the entrances i~ setbacks and spacing regulation of fences and walls, 17 are going to be. Because that will have to be ix regulation limiting the magnitude of traffic generated 18 determined when it corms to. us for a final plat; is that 18 points of vehicular and pedestrian ingress and egress. i9 correct? 19 $o they're a host of other conditions that may be added 2~ MR. DRAKE: VMfell, yes and no. I mean, if ~o orr --onto this SUP. That if the planning Commission 21 you if you look at the criteria that goes with the chooses could be included in the motion to City ~2 approval of an SUP, there are a number of `issues here Council. ~3 that are contained within the criteria that you would COI~fMI~~I~N~R LYK~: I understand that we need ty look at and evaluate in loolang at this SUP 24 Carr put conditions on a recymmendation. But sv far even ~5 application. ~5 the applicant has said that they really he really t~~ i for example, No. I is talking about the i doesn't he wants the zoning. Ne wants the SUP, And ~ specific use is compatible witf~ and not inj~rrias to tl~e ~ we really don't have enough of an idea of the plan to lie 3 use a€►d en~Oyment of other pryperties ar impair property ~ able to prat conditions on an 5Ul'. The SUP is only far 4 values. There`s Been same communication about that 4 attached housing. ~ ~ tonight, ~ 5 And I would move for denial. I'd make a ~ No. ~ is the establishrr~er:t of the s~ecifiC 6 moon fvr denial for the 1~P for attached housing in ~ use uvill not impede the norm on orderly development and 7 this site based an neighborhood opposition and based yn 8 improvement of surrounding vacant propertY• 8 area! dyable, wv~Cable plan from the developer. ~ No. 3. That adequate utilities access 9 COMMISSIONER EAGI_ETU~I; I would second i#~ reads, drainage, and other necessary supportive ip fat, ~i facilities have been ar will be provided. it Ci•IAIRMA~V 1NAT"KINS: Okay, everyone clear on i~ Na. 4, The design location arrangement of i~ the motion and the second? i~ all driveways and parking spaces provides far the safe, 13 ~DMMISSIDNIfk RYAN: Have vue closed the 14 convenient movement of vehicular pedestrian traf~C ~ i,4 public hearing yeti 15 without adversely affecting the general public ar is CHAIRMAN WATICINS: No. I will before I 16 ad jacent develyprnents. ~6 accept the motion. I just wanted to find out where the 17 And there's two or throe Sher criteria ~7 Commission wanted to go with this. And if that`s what ~,8 that are fisted after that that I don't think have been ~B we wary ty do to vote on itf then I"li close the public t9 raised by the comments tonight, But those would be t#~e ~9 hearing. ~0 criteria that would be used. in evaluating whether the 20 I have a motion deny Specific Ilse SLAP should be granted. You knyw, and certainly to the Permit. and a second for the same thing. 72 extent that the landscaping and all is affected by the ~2 COMMISSIONER SCHAAKI*; No discussion? ~3 configuration that that could be an issue, as well. ~3 CHA~RINAN 11VATiCIN Olcay. Pli~~se vole on ~ But as far as the use of Propel is 2~4 the board. ~5 concerned, it is correct #hat the SUS would only define ~5 COMMIS~ICNER EA~~f:T~l~: Can we have a point PIrANPIING ~oi~lNG COMMI$SIQAI ~ MAY gyn. ann~ o~~d ~ ~ ~ a ~ ~ r ~ . n - e cay v 1 i .a i, V I I .V V I ~'kV ...~w:. of clarifcation? i of the approval criteria that go a#ang with the SUP. ~ CHAIRMAN ViIATKIN~: Sane, ~ Yes. The Slip is required because of the attached ~ COMMI~IDNER 1:AAGLET~1►I: Because the oration housing; however, because an SIP is required, those 4 before this is actually I just wagted to ~r~ake make ~ criteria do need to be addressed. And things such as sure it's clear here. Consider making a recommendation. ~ the landscaping and cpni~ig~atation, the site planning ~ o if we vote to deny itrs a vote of yes far this ~ aspects of it, go hand and glove with the SUP and its 7 particular motion, correct? 7 recommendation. ~ CHAIRMAN iNATKIN: Yes. 8 If the SUP is denied, it is true that the 9 MR, DRAKE; If I'm rrristaken if I"m applicant could go forward with single-family housing. i~ understanding you correCuy a vote irr favor of the but it r~ouid not necessarily in this cani~rguration. 11 motion will be a vote to recommend denial. ii It could be in any configuration that would satisfy the i~ COMMISSIONER EAGI..E~ON. That's correct. lVR 3 standard. i~ COMMISSIONER SCI~IAAKE: Could Imake a f 3 Cl~IAIRMAN VifATKINS: NR 3. Yeah. 14 ask another question? i+~ MR. DRAKE; And that may be a configurations i~ CHAIRMAN 1NATKYNS: Sure. Sure ~5 that has ane entrance two entrances, three entrances, 16 COMMISSIONER SCHAAKE: The SUP comes to us iG whatever the development standards would allow, And it tonight to just include the attached single-family. The ~l~ could be in deferent locations 18 but 'rf we do deny it, the deveioprnerZt can still go 18 Yeah. The Planning Director asked r to 19 forward with the single-family, and then it would just 19 address the super majority requirements. There are two return. It could still have the same cont~€guration, ~o situations that would trigger a super majority ~i essentially. It would just have single~farnilies in that ~i requirement for approval at City Council. Super ~z area that had been denoted to be the attached, majority be#ng a three,quarter vote, ~3 MR. DRAKE: 1lVeli, it wouldn't necessarily 23 One would be if the property of all the 2~ have to be in the Mme configuration, properties within SOD feet rrat the 50B feet co~,rtesy ~5 COMMISSIONER SCHAAKE: No. But, I mean, ~5 area beat the 0~-foot area surrounding it. If I.I.B 1~I~ ~ still the plan the site plant the one entrances all ~ percent or more of the area is in o sition to the pig 2 of that is stil# very much a park of it. a toning and has made their opposition known in writing at ~ COMMISSIONER EACf~~Dlll: Right. 3 ar before the time that Council considers it, that will ~ COMMISSIONER SCHAAKE: The only question 4 trigger three-quarkers super majority requirement. 5 that V~erre working on is whether Or not we think it ~ The otherrequirement the other thing ~ appropriate for this area to have ached a that would trigger athree-quarter super majority would ~ single-farr~ily, Ali right. 7 be if the Plarning and Zoning Commission recommends ~ CHAIRMAN INATKINS; This is the third time 8 denial of the rezoning, and it goes forward to City 9 through for me an this items. 9 Council for there to overturn the recommendation of i~ Ml~. DRAKE: I 10 denial, would require three-quarters majority. 11 CHAIRMAN ~VATKIN: The City Co~rncil rezoned ii CHAIRMAN 1~ATI~S: Okay, Anything else? i~ it, I mean, it is re~aned. 12 COh~MISSIONER THOMAS: Mr. Chairman? 13 COMNiISSIOIVER SCHAAiCE: Right, 13 CHAIRMAN 1NATKINS: Yes? i~ CHAIRMAN 1~IATldNS: So they can build an it. ~4 COMMISSIDNER THDI~A: I do have something 15 So they will build on it. 15 else. 16 COMMISSIONER SCHAAKE: Right 16 CHAI~►IAN WATKII~iS: ialease go ahead, i~ CHAIRivIAN UVATKINS: Okay. Oo ahead. COMiwlISSIONER THOMAS; ~ feel that in this i~ MR. DRAKE: Yeah, I just want to make sure 18 case for two reasons, which I'll explain if I if it's i~ that I that I fully addressed Dr. Schaake~s point 19 desired. 2~ Because I don't #cnow that I fully endorse it the way ~o CHAIRMAN I~IATKiNS: Sure, xi. that it was stated, The idea with an SlIP --there are ~i COMNIISSIpNER TFIOi~AS: But at this there's certain requirerrrents that go along with the particular time, I feel like I need to recuse rr~yelf Z3 Sk1P in meeting those criteria, ~3 tram this vote. Among thane are you knuW, the 24 CHAIRMAN iI~ATKINS: Okay. configuration is relevant tv the determination beca~rse ~5 CDMMISSIONER THOMAS. If you would like to ~~~~~I~~a ~ (i~~~~~~~Q~lf MAY 7[} ~f1f1q ~.~.t.w ~ A 7 ~ a nn _ s ,e ~ n • .r~rr rrvv rQVM 4 If LV 1 FV V I 1 TU i2~ 123 ~ know the reasons, rfd be happy tell yo€~, But ~ ~ ~ CHAIRMAN vVATK~N ~f you feel that it's z ~ C~?MMZIpN~R TI~~MA; Okay, ~ 4 CHAIRMAN VIfATICIN. okay, q ~ ~MMII~NER THOMAS: Thank you. ~ 6 CHAIRMAN 1NATK~N f~kay. Anyfh'rn~ else ~ ~ ~lea~e vote an the hoar. Vlfe have five yes votes to ~ a pass the motion. s MR. DiRA~E. 1u5~ 4V ~~GI~~, tll~+ 7 10 ~a5sin~ ~1e motion mea~~ the reCOtll~riendation is one to ~,0 t~ deny the SUS. ~ 11 ~2 CQMMISI~NER ~.Y~E: Cood~ i~ 13 ~e~~ea~c taken from 8:26 p.m. 5:34 p.m.} 13 14 ~4 1S ~ t~ ~,6 16 17 1l 1$ i$ 19 19 ~fl ~ ~i ~x ~ 23 ~3 ~ 24 ~5 X22 x.24 i ~ ~ ~ ~ 3 4 4 S 6 ~ 7 ~ $ ~ 9 ~ i~ 11 !i i~ 12 13 f3 14 14 1S 15 1~ 17 18 18 19 19 ~0 ~D Zi ~1 2~ ~3 ~ 24 2$ P~AI~NING ~ Zol~l~l~ COI~MI~01~ AAAY Anna D~.~~ ~ ~ ~ ~ a ~ a v 1 1 4411 i s:1r Documentl0rdicesl~9ls~~-~0~ Villas at North lakes.doc ORDINANCE NC. AN ORDINANCE DF TIDE CITY DF DENTDN, TEA, APPRVTNCr A. SPECIFIC USE PRM~T FAR FDRT~S ~4~ A.TTACHED AND FIFTY-FOUR X54} DETACHED S~N~LE FAMYLY DwELLIN UNITS DN APPRDIlVi~ATELY X0.7 ACRES LOCATED ~VITH~N ~ NEIHB~RH~DD RESIDENTIAL ~-3} ~DNIN DISTRICT DN THE SDUTHwEST CORNER ~F HINKLE DRIVE AND wINDDR STREET; PRD~ID~NC~ FAR A PENALTY IN THE AMOUNT DF ~,440.4~ FDR VI~]LATIDNS ~ THEREOF, SE~ERABILITY AND AN EFFECTIVE DATE. X549^400 WHEREAS, wade Trim, Inc., has applied for a Specific Use Pern~.it SUP} for forty-six ~4~} attached and fifty-four ~4} detached single family dwelling units on property currently zoned Neighborhood Residential 3 ~NR~} zoning district on approximately 3~.~ acres of land described in Exhibit "A}' hereto and incorporated herein the "Property"~; and WHEREAS, Section 3.5.~.~ of the Denton Development Code requires SUP approval of Atched S~n~e-Family Dwe~l~ns; and wI~REA, section ~.~.4 of the Denton Development Code prescribes certain cteria for approval of specific use permits, and Section 3.~,~ of the Denton Developrr~ent Code allows for imposition of conditions, if appropriate to satisfy the approval criteria; and WHEREAS, Section 35.~.4.A. of the Denton Development Code imposes the procedural requixen~ents of a zoning amendment for approval of specific use permits; and ~ . ~VHEREA, on May 24, ~~09, the Planning and honing Comn~.ssion concluded a public hearing as required by law, and, upon finding that the requested application, site plan and proposed conditions failed to satisfy the approval critea of ~~S..4 of the Denton Development Code, recomna.ende denial ofthe requested Specific Use Permit; and WHEREAS, upon conducting a second public hearing and sa~~sfying the additional procedural standard of ~35,~.4.C,4.b.of.the Denton Development Code, a ~I~. superajority or greater of all members of the City Council qualified to vote, nevertheless finds that the attached site plan, as further conditioned herein, sat1sfies the approval crlte~.a, and is consistent with the Denton Plan and the Denton Developrrient Code; NCw, THEREFORE, THE CDU~C~L OF THE CITY DF DENTCN HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION A Specific Use Permit for forty-six attached and iftyy-four detached single family dwelling units on property currently zoned Neighborhood Residential 3 ~NR~} i hereby approved, subject to the following conditions: 1. The approval of this Specr~~c Use Permit shall not grant any waiver to the Overlay conditions approved with Qrdinance number ~007'~43~. The site plan as submitted and shown on Exhibit ;`B" shall be binding and guide the develop>~ent of this Specric Use Perrr~it. Page l of i 3. All single family attached developament shall canforn~ to the requircn~ents of the site plan attached hereto and rncarporated by reference as Exh~b~t however, ~ other use permitted right under the NR^3 zo.ng class~~ication and use designation, including the single family detached uses spawn therein, are not subject to any restrictions imposed or implied by the attached site plan, ar~d are subject only to the general coning restrictions impaled far the NR- zoning d~str~t class~ficatlon and use designtioa~ by the Denton Development Code. 4. Theapplicant shall provide a n~ini~nutn S~ foot landscape buffer along Windsor Street and Hii1e Drive and a minimurri a foot landscape buffer along the southern property boundary as spawn on the site plan. The applicant shall preserve all trees currently existing on the western property boundaries or the trees can be removed through suf~"icient mitigation .ethods approved by the City's Urban Forester. SECTI~~ 3. The Specific Use Pern~.t Site Plan attached hereto and incorporated herein by reference as Exhibit "B", is hereby approved ~ far the Property described i~ the caption of this or lnance. SECTION 4. If any provision of this ordinance or the application thereof to any person ar circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions ar applications, and to this end the provisions of this ordinance are severable. SETI~N Any person violating any provision of this ordinance spoil, upon conviction, be dined a sung not exceeding ~,O~O.aa. Each .day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION This ordinance shall became effective fourteen { ~ 4} days firam the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published the City of Denton, Texas, within ten { 10} days of the date ~f its passage. PASSED AID APPROVED this the day of X009. l1~ARK A, BURR~UCxHS, MAYOR ATTEST; JENNIFER ALTER, CITY SECRETARY BY: APPROVED A. TD L. E~, • AITA BUF~~; CITY ATT~ Y B• Page 2 ofd i éÕÔÊ ÍÜÖØ ÑØ×É ÛÑÜÏÒ ÔÏÉØÏÉÔÎÏÜÑÑÄ AGENDA INFORMATION SHEET AGENDA DATE: July 21, 2009 DEPARTMENT: Planning and Development ACM: Fred Greene SUBJECT S09-0006 (Rayzor Gas Wells) Hold a public hearing and consider adoption of an ordinance of the city of Denton, Texas, approving a Specific Use Permit to allow for gas well drilling and production on property located on a three (3) acre site on the west side of Bonnie Brae Street, north of Scripture Street, within the Town Center of the Rayzor Ranch Overlay District with a base zoning of Neighborhood Residential Mixed Use (NRMU); and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (S09-0006) The Planning and Zoning Commission recommends approval of this request (4-0). BACKGROUND In accordance with Subsection 35.5.2.2 and 35.22.3 of the Denton Development Code (DDC), gas wells are permitted with an SUP within the NRMU zoning district. The Rayzor Ranch Town Center Overlay District, Ordinance Number 2008-284 also requires an SUP for gas well drilling and production. Per Subsection 35.6.4 of the DDC, an SUP may be granted if the proposed use conforms (or can be made to conform through the use of conditions) to the standards established in the NRMU zoning district. It has been determined that the proposed use will conform to the NRMU district subject to recommended conditions of approval and the Rayzor Ranch Town Center Overlay District restrictions. The property is currently undeveloped. The site plan submitted shows one access to the site which aligns with the future location of Panhandle Street. According to the applicant, the proposed access will be utilized temporarily until the portion of Panhandle which abuts the northern portion of the site is constructed. The Planning Department sent certified notices of the public hearing to five (5) property owners within 200 feet and twenty two (22) courtesy notices to residents within 500 feet of the subject property. As of this writing, staff received two (2) responses from property owners within 200 feet of the subject property in favor of the request. Public notification information is provided in Exhibit 5. PRIOR ACTION/REVIEW On November 4, 2008, the City Council approved an Ordinance (Ord No 2008-284) amending the development standards for the Rayzor Ranch Overlay District to allow gas well drilling and production through the approval of a Specific Use Permit. June 17, 2009 Planning and Zoning Commission public hearing OPTIONS 1. Approve as submitted. 2. Approve subject to conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION approval The Planning and Zoning Commission recommends of this Specific Use Permit subject to the following conditions: 1. The approval of this Specific Use Permit shall not grant any waiver to the overlay conditions approved with Ordinance No. 2008-284. 2. The applicant shall install a screening fence along the northern, southern and western boundaries of the site and buffer on the portion of the site along Bonnie Brae Road. 3. , as conditioned, shall be constructed within 30 days after drilling operations are complete or planted during the first dormant season after drilling, if approved by the City Landscape Administrator. 4. If screening or landscaping is damaged or removed during fracturing or refracturing operations, the operator of the gas well shall be responsible for replacing the damaged or removed portions of the landscaping. 5. The site plan as submitted and shown in Exhibit 6 shall guide the development of gas wells on the subject site. 6. Prior to the issuance of a gas well permit and the commencement of operations, the operator shall submit a noise management plan to the Development Review Committee for review and approval, detailing how the equipment used in the drilling, completion, transportation, or production of the wells complies with the maximum permissible ambient noise levels. The maximum permissible ambient noise level shall not exceed ninety (90) decibels as measured three hundred (300) feet from the boundary of the drill site. 7. Prior to the issuance of a gas well permit, the operator shall be responsible for establishing and reporting to the City a continuous seventy-two (72) hour pre-drilling ambient noise level. The seventy-two (72) hour study shall include at least one twenty- four hour reading during a Saturday or Sunday. The operator shall use the prior established ambient noise level for the installation of any new noise generation equipment unless the operator can demonstrate that the increase in the ambient noise level is not associated with drilling and production activities located either on or off-site. 8. The sound level meter used in conducting noise evaluations shall meet the American National Standard associated recording and analyzing equipment which will provide equivalent data. 9. A citation may be immediately issued for failure to comply with these conditions. However, if the operator is in compliance with the approved noise management plan, and a violation still occurs, the operator will be given twenty-four (24) hours from notice of non-compliance to correct the violation from an identified source before a citation is issued. Additional extensions of the twenty-four (24) hour period may be granted in the event that the source of the violations cannot be indentified after reasonable diligence by the operator. 10. The operator of the gas well shall instruct and ensure that employees involve in the operation of the gas wells park vehicles on-site only. approval The Development Review Committee recommends of this Specific Use Permit as conditioned. EXHIBITS 1. Staff Analysis 2. Location Map 3. Existing Zoning Map 4. Future Land Use Map 5. Notification Information 6. Proposed Site Plan 7. Rayzor Ranch Overlay District Concept Plan 8. Rayzor Ranch Overlay District Master Site Plan 9. Site Photographs 10. Letter from Applicant 11. Letters of Consent from Property Owners 12. June 17, 2009 Planning and Zoning Commission Minutes 13. Ordinance Prepared by: Nana Appiah, AICP Senior Planner Respectfully submitted: Mark Cunningham, AICP Director of Planning and Development EXHIBIT 1 PLANNING & DEVELOPMENT STAFF ANALYSIS CASE NO.: S09-0006 DATE TO BE CONSIDERED: July 21, 2009 LOCATION: West side of Bonnie Brae, north of Scripture Street. APPLICANT: Range Production Company 100 Throckmorton, Suite 1200 Forth Worth, TX 76102 OWNER: Allegiance Hillview, L.P 14881 Quorum Drive, Suite 950 Dallas, TX 75254 ZONING DISTRICT: The subject property is located within the Town Center of the Rayzor Ranch Overlay District with a base zoning of Neighborhood Residential Mixed Use (NRMU). COMPREHENSIVE The subject site is located within the Neighborhood Centers future PLAN DESIGNATION: land use designation. SITE AND The site is currently undeveloped. SURROUNDINGS: North: Neighborhood Residential Mixed Use (NRMU), Rayzor Ranch Overlay District Undeveloped land South: Regional Center Commercial Downtown (RCC-D), Rayzor Ranch Overlay District Undeveloped Land. East: Neighborhood Residential 3 (NR-3) City of Denton McKenna Recreation Park/Single family homes. West: Regional Center Commercial Downtown (RCC-D), Rayzor Ranch Overlay District Undeveloped Land. BACKGROUND The property is located in the NRMU District and the Town Centers INFORMATION: of the Rayzor Ranch Overlay District. As a requirement of the Overlay District, gas well drilling and production are permitted with an SUP. ANALYSIS: Neighborhood Centers Comprehensive Plan The subject site is located in the Future Land Analysis: Use designation. Per the Denton Plan, new neighborhoods may develop in traditional patterns. Mixed-use and mixed housing types will be allowed to develop in a p In addition, Mixed-uses are recommended to be 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. The plan also recommends that areas designated as Neighborhood Centers should contain uses necessary to support the surrounding neighborhood. The uses could include service-oriented retail such as small grocery, hair salon, dry cleaner or small professional offices. Residential uses may occur at higher densities with townhomes or residential flats located above service oriented uses. This request is for gas well drilling and production on approximately three acres. According to the applicant, the site will be reduced to two acres after drilling operations are complete. The remaining one acre will be reclaimed. According to the concept plan for the Rayzor Town Center Overlay District, single family attached units are proposed to the north and offices to the west and south of the subject site. The development of the site for gas well drilling and production will not impede the general purpose of the Neighborhood Centers. Development The property is located in the Neighborhood Residential Mixed Use Code/Zoning Analysis (NRMU) zoning district. The NRMU district is a subcategory of the Neighborhood Residential Land Use. Per Subsection 35.5.2.1 of the DDC, 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. The property is also located within the Town Center of the Rayzor Ranch Overlay District. Per Subsection 35.7.13.8 of Ordinance Number 2008-284 of the Rayzor Ranch Overlay District, the NRMU regulations shall guide the development of the Town Centers within the Rayzor Ranch Overlay district. The property to the north, south and west are undeveloped. Approval of this request, subject to conditions, will not be detrimental to any existing residential development to the east. Per Section 3406 of the any residential development approved after the drilling and production of gas wells on the subject site shall be required to be set back a minimum of 300 feet from the wellheads to protect the development from any adverse affects of this request. The properties located to the east of the subject site, across Bonnie Brae Street include thark and a single family home. The active recreation area of the park is located approximately four hundred and fifty (450) feet and the single family home is located approximately two hundred and eighty four (284) feet from the proposed wellheads. Per Section 35.22.3.B of the DDC, written consent is required from property owners for the location of gas wellheads within two hundred and fifty (250) feet to five hundred (500) feet of a residential structure. The applicant has provided two signed consent agreement documents from residential structure property owners within 500 feet of the proposed gas wellhead sites (See Exhibit 11). DEPARTMENT AND The DRC reviewed this request for an SUP and provided relevant AGENCY REVIEW: comments to the applicant. All the DRC comments were addressed by the applicant. FINDINGS: Pursuant to Section 35.6.4.B of the DDC, a specific use permit 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; Granting the SUP would not be injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity. The proposed gas well drilling and production is part of the Rayzor Ranch Town Center Overlay district. Currently, the surrounding properties in the immediate vicinity to the north, south, and west are undeveloped. The current concept plan for the vicinity of the subject site of the Rayzor Ranch Overlay district shows proposed offices to the south and west and single family residential to the north. Per the Cit development shall be required to be set back a minimum of 300 feet from the gas wellheads. In addition, the current concept plan for the Rayzor Ranch Overlay designates the subject site for gas well development with an SUP. family home. According to the applicant waivers have been acquired from property owners located within 500 feet of the gas wellheads. 2.That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; Granting the SUP would not impede the normal and orderly development of the surrounding undeveloped property. There are proposed developments in the vicinity of the subject site. These developments shall be required to be set back a minimum of 300 feet from the gas wellheads. In addition, staff is recommending a Brae. This condition will reduce any negative impact this development may have on the surrounding properties. 3.That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; Adequate utilities, access roads, drainage and other necessary supporting facilities have been assessed by the DRC and have been deemed adequate to support this use. 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; The proposed gas well development will have one access onto Bonnie Brae Street. The DRC has reviewed the proposed vehicular access to the site and have determined that the proposed driveway to the site has been designed for the safe and convenient movement of vehicular traffic. 5.That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; Dust, noise and vibration will occur for a short period during the construction of the driveway, drilling, and completion of the gas wells. However, dust, noise and any vibration associated with the development of the site and drilling of the wells will be limited once the proposed development is completed. In addition, Ordinance requires dust, noise, and odor control during construction. 6.That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and All new lighting will comply with the standards and regulations of Subchapter 13 in the Denton Development Code. This requirement will be met during the gas well plat approval review process. 7.That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property. The proposed gas well development will meet all landscaping and tree preservation regulations in Section 35.13.7 of the DDC, Tree Preservation and Landscape Requirements Standards as modified by the Overlay District. In addition, staff is recommending a type along Bonnie Brae and a fence around the entire subject site. EXHIBIT 2 Location Map Site EXHIBIT 3 Existing Zoning Map NRMU NR-3 Site RCC-D EXHIBIT 4 Future Land Use Map Site EXHIBIT 5 Notification Map íÈÛÑÔÚ ïÎÉÔ×ÔÚÜÉÔÎÏ ùÜÉØ ôÏ îÍÍÎÊÔÉÔÎÏ ôÏ ÷ÜÇÎË ïØÈÉËÜÑ EXHIBIT 7 Rayzor Ranch Overlay District Concept Plan EXHIBIT 8 Rayzor Ranch Overlay District Master Site Plan EXHIBIT 9 Site Photographs Looking north towards subject property Looking south towards subject property EXHIBIT 10 Letter From Applicant EXHIBIT 11 Letters of Consent from Property Owners ßÙÛÒÜß ×ÒÚÑÎÓßÌ×ÑÒ ÍØÛÛÌ ßÙÛÒÜß ÜßÌÛæ July 21, 2009 ÜÛÐßÎÌÓÛÒÌæ Planning and Development ßÝÓæ Fred Greene, 387-8354 ÍËÞÖÛÝÌæ Z06-002, Z06-0030, SD07-0001 (Rayzor Ranch) Hold a public hearing and consider the adoption of an ordinance of the City of Denton, Texas, superseding the previously approved architectural and landscape standards associated with the Rayzor Ranch Overlay District; superseding the provisions of the Rayzor Ranch Special Sign District previously approved by Ordinance 2008-319; redesignating the section numbers associated with the codified provisions of the overlay district, for editorial purposes only; all of which changes apply to land located generally on both sides of U.S. Highway 380 (West University Drive), between Interstate Highway 35 and Bonnie Brae Street, and legally described in the attached Exhibit A; providing for severability; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, and providing an effective date. The Planning and Zoning Commission ¿°°®±ª¿´ recommends (6-0). ÞßÝÕÙÎÑËÒÜæ The entire subject property encompasses approximately 410 acres of land located generally on the north and south sides of U.S. Highway 380 (West University Drive), between Interstate Highway 35 and Bonnie Brae Street (See Exhibit 2). The parcel north of U.S. 380 contains approximately 153 acres (Northern Tract) and is currently being developed with retail uses. The parcel south of U.S. 380 contains approximately 257 acres (Southern Tract) and is undeveloped. On March 27, 2007, the City Council approved the creation of the Rayzor Ranch Overlay District. Section 35.7.13.1 of the Overlay District ordinance states: “The purpose of establishing the Rayzor Ranch Overlay District is to: Ensure compatibility of new construction with the existing scale and characteristics of surrounding properties; and Protect and enhance specific land features which have characteristics distinct from lands and structures outside this Special Purpose District; and Provide within the Rayzor Ranch area a combination of land uses arranged and designed in accordance with sound site planning principles and development techniques; and in such a manner as to be properly related to each other, the immediate surrounding area, the planned mobility system, and other public facilities such as water and sewer systems, parks, schools and utilities; and Encourage a more creative approach in the utilization of land in order to accomplish an efficient, aesthetic, and desirable development which may be characterized by special features of the geography, topography, size or shape of a particular property and to accomplish a more economical and efficient use of land. Within the last year, changing circumstances, including the introduction of a new development team, have caused the applicant to re-evaluate the original site plan, location and type of land uses, landscaping and overall design that were previously approved by the City Council on the Southern Tract. As requests for amendments are brought forward for consideration, staff continues to refer to the above purpose statement as a guide in making recommendations. Generally speaking, the following information is still accurate but is subject to change and possible future requests for amendments, particularly on the Southern Tract. Ò±®¬¸»®² Ì®¿½¬æ The applicant is proposing to develop approximately 892,000 total square feet of commercial uses on the Northern tract which will consist of 454,000 square feet in three “big box” retail centers, 287,000 square feet of smaller “junior box” retail uses, 100,000 square feet of stand-alone retail, office and restaurant uses in addition to single family detached and attached units (townhomes). The retail portion of the Northern Tract will comprise approximately 107 acres with the remaining 46 acres containing the residential area. The Northern Tract will also include open space that is being set aside to serve primarily as a drainage and water quality feature. The applicant has worked with staff to utilize the latest guidelines from the North Central Texas Council of Governments regarding control of the materials that typically flow off of commercial property during storms. The water quality feature will be the first of its kind in Denton and will help prevent materials from entering North Lakes pond across Bonnie Brae Street from the site. The approved commercial zoning for the Northern Tract is based on the Regional Center Commercial Downtown (RCC-D) zoning district as modified by the Overlay District. The permitted uses were modeled on the attached site plan in Exhibit 4 and continue to be consistent with the latest development plans of the applicant. The request to change the base zoning for the proposed single family residential subarea will be brought forward for public hearing at a later date. ͱ«¬¸»®² Ì®¿½¬æ The applicant has stated that it is still their intention to develop approximately 1,000,000 square feet of commercial uses on the Southern Tract which would include an outdoor mall, standalone retail, restaurants and grocery store uses. A significant portion of the area that was originally designated for approximately 360,000 square feet of office space is designated to be replaced with a proposed children’s hospital (Phase I contains approximately 75,000 square feet). Finally, the applicant is proposing to develop approximately 185 single family detached units, and 496 single family attached units (townhomes) and up to 750 multifamily units on the Southern Tract. Two gas well pads were originally proposed along the east (Bonnie Brae) side of the subject site. This has now been reduced to one pad near the intersection of Scripture Street and Bonnie Brae. The Southern Tract will also include approximately 18.21 acres of park land which includes a 15-acre central park that is planned to contain an outdoor entertainment facility and one or two museums. Ó¿®½¸ îéô îððé On, the City Council approved a Comprehensive Plan amendment for the Northern Tract from “Neighborhood Centers”, “Existing Land Use” and “Community Mixed Use Centers” land use designations to “Regional Mixed Use Centers” and “Neighborhood Centers” land use designations. The Council also approved the first phase of the Rayzor Ranch Overlay District for the entire 410 acre Rayzor Ranch site and a rezoning of 53.65 acres of the Northern Tract from Neighborhood Residential Mixed Use 12 (NRMU-12), Neighborhood Residential Mixed Use (NRMU) and Community Mixed Use General (CM-G) zoning districts to a base zoning district of Regional Center Commercial Downtown (RCC-D) as modified by the Overlay District. Ó¿§ ïëô îððé On, the City Council approved a Comprehensive Plan amendment for the Southern Tract from “Neighborhood Centers” to “Regional Mixed Use Centers” and “Neighborhood Centers” land use designations. The Council also approved the second phase of the Rayzor Ranch Overlay District which amended the standards of the District and provided for a zoning change on approximately 223 of the total 410 acres of land from Neighborhood Residential 6 (NR-6), Neighborhood Residential Mixed Use 12 (NRMU-12), Neighborhood Residential Mixed Use (NRMU) and Community Mixed Use General (CM-G) zoning districts to a base zoning district of Regional Center Commercial Downtown (RCC-D). The zoning change request included approximately 53 acres within the Northern Tract and 170 acres within the Southern tract. Ö¿²«¿®§ èô îððè On, the City Council approved the third phase of the Rayzor Ranch Overlay District which amended the standards of the District and provided for a zoning change on approximately 87 of the total 410 acres of land within the District from Neighborhood Residential 6 (NR-6) and Neighborhood Residential Mixed Use (NRMU) districts to base zoning districts of Regional Center Commercial Downtown (RCC-D) and Neighborhood Residential Mixed Use (NRMU). The amended standards were as follows: 1.Permitted single family detached (up to 185 units), single family attached (up to 496 units), multifamily (up to 750 units) and office uses in the Southern Tract subject to conditions that would require phasing of multifamily to ensure a mixed use project was developed. 2.Corrected the zoning boundary description to match subsequent plats. 3.Replaced the Master Site plan with the most updated version to reflect the latest development layout. 4.Added language that clearly defined maintenance of private areas by a Homeowners Association or a Property Owners Association. 5.Ensured all ordinance exhibits are correct. 6.Corrected conflicting language between wood fence and masonry wall requirements as they are located behind the large retail boxes. 7.Delayed requirement to install buffer landscaping on Bonnie Brae until after DME substation and a proposed 36” waterline have been completed. 8.Allowed residential phases to move forward conceptually, required detailed site plan at a later time. 9.Required Specific Use Permits for all gas well development. ß°®·´ çô îððè On, the Planning and Zoning Commission was asked to consider an amendment to the development standards of the Overlay District. The applicant requested to amend the architectural standards to permit construction of a proposed Best Buy retail store that would be designed with architectural elements that were not in compliance with the District. During the entitlement phase of this development staff had noted on several occasions that this project would be designed with a central architectural theme and vernacular that would unify the Town Center and Marketplace and provide a color palette that would limit the permissible colors. Staff felt that it was imperative to maintain the integrity of the established guidelines. The Planning and Zoning Commission recommended denial of the request and the item was not appealed to City Council. Ò±ª»³¾»® ìô îððèô On the City Council approved the fourth phase of Rayzor Ranch which amended the development standards and exhibits of the Rayzor Ranch Overlay District and the Rayzor Ranch Special Sign District. The amended standards are summarized as follows: 1. All references to required drainage improvements within North Lakes Park were removed, including payment of a $250,000 park improvement fee. 2. The tree mitigation requirements were modified such that the overall tree mitigation and landscaping percentages were not impacted. 3. Architectural standards were modified to reflect a recent push to develop more hospital and medical related uses on the Southern Tract south of the proposed Panhandle Drive and north of Scripture Street. 4. Allowed architectural accent and accent colors on buildings that are consistent with a “Signature Trade Dress” for a specific user as long as the element is part of the user’s National Trade Dress and the overall building architecture still meets the Rayzor Ranch standards. 5. Updated the transportation requirements to reflect current construction planning. 6. Updated the Rayzor Ranch Special Sign District to permit four detached pylon signs within the Northern Tract along I-35, U.S. 380 and Bonnie Brae. Ѳ Ó¿§ ëô îððç the City Council approved an amendment to Section 35.7.13.9 of the Rayzor Ranch Overlay District that authorizes limited administrative authority by the City Manager to consider staff recommended architectural changes that are deemed to be essential to the viability of the project without jeopardizing the overall architectural theme and compatibility of Rayzor Ranch. Proposed architectural deviations will not be allowed to promote a design that is fundamentally inconsistent with the overall site design aesthetic or unique attributes of Rayzor Ranch. Staff will be requesting that proposed deviations be mitigated or offset with complementary public space enhancements, much like the concept of an Alternative Development Plan. Ѳ Ó¿§ îðô îððç , the Planning and Zoning Commission recommended approval of the following: 1. Additional language for the Architectural Guidelines section of the Overlay District. These provisions will focus on the commercial development outside of the three “big boxes” (Sam’s, Wal-Mart and Lowes) north of U.S. 380. 2. Additional language regarding landscaping and a detailed landscape plan for the area north of U.S. 380. 3. Additional language and exhibits for the Rayzor Ranch Special Sign District. The Commission tabled the following items for future consideration: 1. Replacing the Master Site Plan and Concept Plan with a conceptual plan that allows shifting of buildings and minor modifications without going through a full amendment procedure. 2. Proposed uses along the I-35 corridor south of U.S. 380 and corresponding changes to the Overlay District subarea map as well as a new definition for the use “Townhouse”. ß ³±®» ¼»¬¿·´»¼ ¼»½®·°¬·±² ¿²¼ ¿²¿´§· ±º ¬¸» °®±°±»¼ ¿³»²¼³»²¬ ¬± ¬¸» ´¿²¼½¿°·²¹ô ¿®½¸·¬»½¬«®¿´ ¿²¼ ·¹² °®±ª··±² · °®±ª·¼»¼ ¾»´±© ·² Û¨¸·¾·¬ ïò The properties surrounding the entire 410-acre site are being sent notices for each phase of public hearings since the proposed standards affect property on both sides of U.S. 380. Public notification information is provided in Exhibit 10. As of this writing, staff has received one response in favor from property owners within 200 feet of the subject site (Exhibit 11). ÑÐÌ×ÑÒÍæ 1.Approve as submitted. 2.Approve subject to conditions. 3.Deny. 4.Recommend the item be tabled. ÎÛÝÑÓÓÛÒÜßÌ×ÑÒæ ¿°°®±ª¿´ The Planning and Zoning Commission recommended of the amendments to the Rayzor Ranch Overlay District and the Rayzor Ranch Special Sign District as conditioned (6-0). ÐÎ×ÑÎ ßÝÌ×ÑÒñÎÛÊ×ÛÉæ 1. December 6, 2006 Planning and Zoning Commission Work Session Regarding Proposed Mobility Plan Amendment for Rayzor Ranch 2. January 10, 2007 Planning and Zoning Commission Public Hearing Regarding Proposed Mobility Plan Amendment for Rayzor Ranch (The Commission recommended approval 7-0) 3. February 20, 2007 City Council Public Hearing Regarding Proposed Mobility Plan Amendment for Rayzor Ranch (The Council approved 7-0) 4. February 21, 2007 Planning and Zoning Commission Work Session Regarding Northern Tract Comprehensive Plan Amendment 5. February 28, 2007 Planning and Zoning Commission Work Session Regarding Proposed Rayzor Ranch Overlay District 6. March 7, 2007 Planning and Zoning Commission Work Session Regarding Proposed Rayzor Ranch Overlay District 7. March 14, 2007 Planning and Zoning Commission Work Session and Public Hearing Regarding Northern Tract Comprehensive Plan Amendment and First Phase of Rayzor Ranch Overlay District (The Planning and Zoning Commission recommended approval 7-0) 8. March 27, 2007 City Council Public Hearing Regarding Northern Tract Comprehensive Plan Amendment and First Phase of Rayzor Ranch Overlay District (The City Council Approved 7-0) 9. April 2, 2007 City Council Work Session Regarding Southern Tract Comprehensive Plan Amendment and Remaining Phases of Rayzor Ranch Overlay District 10. April 18, 2007 Planning and Zoning Commission Regarding Work Session Regarding Southern Tract Comprehensive Plan Amendment and Remaining Phases of Rayzor Ranch Overlay District 11. May 9, 2007 Planning and Zoning Commission Work Session and Public Hearing Regarding Southern Tract Comprehensive Plan Amendment and Second Phase of Rayzor Ranch Overlay District and Rezoning. (The Commission recommended approval 7-0) 12. May 15, 2007 City Council Public Hearing Regarding Completion of the Comprehensive Plan Amendment and Second Phase of Rayzor Ranch Overlay District (City Council Approved 7-0) 13. November 28, 2007 Planning and Zoning Commission Work Session and Public Hearing Regarding Third Phase of Rayzor Ranch Overlay District and Rezoning. (The Commission recommended approval 6-0) 14. January 8, 2008 City Council Public Hearing Regarding Third Phase of Rayzor Ranch Overlay District and Rezoning (City Council Approved 7-0) 15. March 26, 2008 Planning and Zoning Commission Public Hearing Regarding Amendment to Design Standards of the Rayzor Ranch Overlay District for Proposed Best Buy Elevation. (The Commission tabled the item) 16. April 9, 2008 Planning and Zoning Commission Public Hearing Regarding Amendment to Design Standards of the Rayzor Ranch Overlay District for Proposed Best Buy Elevation. (The Commission recommended denial, 3-2, item was not appealed to City Council) 17. April 23, 2008 Planning and Zoning Commission approved a variance to Subchapter 35.20.4.G of the Denton Development Code regarding separation of driveways. (The Commission approved 7-0) 18. June 11, 2008 Planning and Zoning Commission Work Session and Public Hearing Regarding Establishment of a Special Sign District. (The Commission approved 6-0) 19. June 17, 2008 City Council Work Session Regarding Multiple Rayzor Ranch Issues and Public Hearing Regarding Establishment of a Special Sign District. (The Council approved) 20. September 24, 2008 Planning and Zoning Commission Work Session Regarding Proposed Amendments to the Rayzor Ranch Overlay District and the Rayzor Ranch Special Sign District. 21. October 7, 2008 City Council Work Session Regarding Proposed Amendments to the Rayzor Ranch Overlay District and the Rayzor Ranch Special Sign District. 22. October 8, 2008 Planning and Zoning Commission Work Session Regarding Proposed Amendments to the Rayzor Ranch Overlay District and the Rayzor Ranch Special Sign District. 23. October 22, 2008 Planning and Zoning Commission Public Hearing Regarding Proposed Amendments to the Rayzor Ranch Overlay District and the Rayzor Ranch Special Sign District. 24. November 4, 2008 City Council Public Hearing Regarding Proposed Amendments to the Rayzor Ranch Overlay District. 25. December 9, 2008 City Council Work Session Regarding Trade Dress. 26. December 9, 2008 City Council Public Hearing Regarding Rayzor Ranch Sign District amendments to permit four detached pylon signs within the Northern Tract. 27. February 3, 2009 City Council Work Session Regarding Proposed Amendments to the Rayzor Ranch Overlay District and the Rayzor Ranch Special Sign District. 28. April 22, 2009 Planning and Zoning Commission Work Session and Public Hearing Regarding Amendment authorizing limited administrative authority by the City Manager. 29. May 5, 2009 City Council Public Hearing Regarding Amendment authorizing limited administrative authority by the City Manager. 30. May 6, 2009 Planning and Zoning Commission Work Session and Public Hearing Regarding Proposed Amendments to the Rayzor Ranch Overlay District and the Rayzor Ranch Special Sign District. 31. May 20, 2009 Planning and Zoning Commission Work Session and Public Hearing Regarding Proposed Amendments to the Rayzor Ranch Overlay District and the Rayzor Ranch Special Sign District. 32. June 16, 2009 City Council Work Session Regarding Proposed Amendments to the Rayzor Ranch Overlay District and the Rayzor Ranch Special Sign District. ÛÈØ×Þ×ÌÍæ 1. Staff Analysis 2. Aerial View of Subject Property 3. Existing Base Zoning 4. Master Site Plan 5. Concept Plan 6. Proposed Landscaping Guidelines (edited version) 7. Proposed Northern Tract Landscape Plan 8. Proposed Architectural Guidelines (edited version) 9. Proposed Northern Tract Sign Location Plan 10. Notification Map 11. Notification Responses 12. May 20, 2009 Planning and Zoning Commission Minutes 13. Proposed Ordinance Respectfully submitted: Mark Cunningham, AICP Planning Director Prepared by: Chuck Russell, AICP Planning Supervisor ÛÈØ×Þ×Ì ï PLANNING & DEVELOPMENT STAFF ANALYSIS CASE NO: Z06-0029, Z06-0030, DATE TO BE CONSIDERED: July 21, 2009 SD07-0001 The property is located on both sides of U.S. Highway 380 (West LOCATION: University Drive) between Interstate Highway 35N and Bonnie Brae Street Allegiance Development OWNER/ 14881 Quorum Drive, Suite 950 APPLICANT: Dallas, TX 75254 To amend the Rayzor Ranch Special Purpose Overlay District REQUEST: encompassing approximately 410 acres of land located generally on both sides of U.S. Highway 380 (West University Drive), between Interstate Highway 35 and Bonnie Brae Street, specifically including amendments to the development standards applicable to the Overlay District as well as the provisions of §35.7.15 of the Denton Development Code, and approving amendments to the Rayzor Ranch Special Purpose Sign District.. ¿°°®±ª¿´ The Planning and Zoning Commission of RECOMMENDATION: the amendments to the Rayzor Ranch Overlay District and the Rayzor Ranch Special Sign District as conditioned (6-0). Rayzor Ranch Overlay District with underlying ZONING æ RCC-D and NRMU base zoning districts. DISTRICTS “Neighborhood Centers” and “Regional Mixed Use COMPREHENSIVE PLAN Centers” DESIGNATIONS: SITE AND SURROUNDINGS: The property is currently undeveloped. Ò±®¬¸æ Neighborhood Residential 3 (NR-3), Neighborhood Residential Mixed Use 12 (NRMU-12); Office, Townhome, Single Family Detached, Undeveloped Land and a Church Û¿¬æ Neighborhood Residential 2 (NR-2), Neighborhood Residential 3 (NR-3), Neighborhood Residential Mixed Use 12 (NRMU-12) and Community Mixed Use General (CM-G); City Parks, Retail and Single Family ͱ«¬¸æ Downtown Commercial General (DC-G) and Regional Center Commercial Downtown (RCC-D); Hospital and Office É»¬æ Regional Center Commercial Downtown (RCC-D), Community Mixed Use General (CM-G) and Industrial Center Employment (IC-E); Retail, Commercial, Lodging and Undeveloped Land ANALYSIS OF APPLICANT’S PROPOSED AMENDMENTS: ïò Ô¿²¼½¿°·²¹ The applicant has prepared a detailed landscape plan and revised standards for the area north of U.S. 380. The plan includes some deviations from the Denton Development Code; however, it exceeds current Code requirements in several aspects. The proposed plan allows for some shifting of the landscaping requirements to reflect changes in roadway and utility construction (See Exhibit 7). Exhibit 6 details the proposed standards which include parking lot landscaping and screening, open space percentage requirements, buffer details, pedestrian connectivity, public space (hardscape) standards, drive-through design, lighting control and acceptable tree species. The changes from the previous approved guidelines include adding language that allows for some minor changes to the plan to be approved administratively, such as minimal; tree relocations to avoid utility conflicts. The buffer areas along the northern side of the retail development have been more clearly defined to ensure the existing neighborhoods north of Rayzor Ranch will be adequately screened. Staff is also recommending a slightly different wording from what the Planning and Zoning Commission recommended regarding interim landscaping along U.S. 380 based on the feedback received at the July 16 City Council Work Session. The language change is underlined as follows: “Final right-of-way screening must be installed within six (6) months after the final certificate of occupancy is issued for 80% of the lots fronting U.S. 380 or within two years of the effective date of this Exhibit, whichever is less. This is to ensure that landscaping is uniform at the time of installation.” îò ß®½¸·¬»½¬«®» The proposed amended Architectural Guidelines focus on the commercial and office development outside of the three “big boxes” (Sam’s, Wal-Mart and Lowes) north of U.S. 380. The “big boxes” have established and approved standards in place. The buildings addressed by the new language include the proposed linear retail structure with several large “Junior Anchors” north of U.S. 380, several smaller multi-tenant structures, and individual outparcels containing uses such as small restaurants, banks and offices on both sides of U.S. 380 (See Exhibit 8). The architectural standards include building orientation, materials, colors, façade articulation, building features (e.g. arcades, roofs, alcoves, porticoes, canopies and awnings), screening of trash areas and loading docks.Drive-through standards have been added that are based on the standards in the DDC. íò Í·¹² On June 17, 2008, the City Council approved the framework for the Rayzor Ranch Special Sign District (SSD) with the understanding that specific sign locations, dimensions and design guidelines would be brought forward for consideration at a later date. The purpose of a special sign district designation is to allow properties to deviate from the sign regulations found in Subchapter 15, Signs and Advertising Devices, if a qualifying property has an alternative comprehensive plan that is clearly superior to what could be accomplished under standard regulations. The Council agreed with staff’s assessment that the uniqueness of the Rayzor Ranch development merited the creation of an SSD and that appropriate guidelines that are compatible with the criteria of Denton Development Code can be achieved. Criteria for signs in an SSD include the following: ͽ¿´»ò 1.The relationship between and compatibility of sign scale, site scale and the scale of nearby buildings. ݱ´±®ò 2.The relationship between and compatibility of sign color to the color of nearby buildings and landscaping: The degree to which sign colors are complimentary to its surroundings. Ó¿¬»®·¿´ò 3.The materials of the signs and how they relate to their surroundings. ͸¿°»ò 4.The shape and design of the signs and how they relate to their surroundings. Ô¿²¼½¿°·²¹ò 5.The relationship of signs to landscaped features in and outside the district. Ì®¿ºº·½ Í¿º»¬§ ¿²¼ Ì®¿ºº·½ Ý·®½«´¿¬·±²ò 6.The impact of the signs on driver’s view, the degree to which view obstructions are created or improved, avoidance of confusion with or obstruction of traffic control signs and devices, and the time it takes a motorist to read the sign. ×´´«³·²¿¬·±²ò 7.The impact and compatibility of sign illumination within the district and in relation to neighboring properties. The avoidance of glare and light pollution. ײ¬»¹®¿¬·±²ò 8.How the signs in the district are integrated into a unified development concept with the topography, building design, other signs, landscaping, traffic circulation and other development features on the district and nearby property. a. Is not being used merely to avoid or gain a variance of the sign regulations; b. Does not violate the spirit or intent of the sign regulations; and c. Complies with the requirements of this section. The City Council approved the location and design of four detached multi-tenant Pylon Signs for the Northern Tract on December 9, 2009. The applicant is now requesting to complete the standards, locations and design of the remaining signs for the Northern Tract. These include monument, awning, canopy, blade, announcement, and other types of detached and attached signs. The applicant is proposing to add or amend sign definitions in Subchapter 15 of the DDC to tailor them for Rayzor Ranch. Other language in the SSD focuses on area, height, location and number of allowable signs. Elevations of most of these sign types have been provided by the applicant and staff has attached an enlarged Site Plan of the larger detached sign locations (See Exhibit 9) ̸» Í·¹² Ü·¬®·½¬ ¼®¿º¬ ½¿² ¾» º±«²¼ ·² ·¬ »²¬·®»¬§ ¿ ¿¬¬¿½¸»¼ ·² Û¨¸·¾·¬ ïíò ˲´·µ» ¬¸» ´¿²¼½¿°·²¹ ¿²¼ ¿®½¸·¬»½¬«®¿´ ¹«·¼»´·²»ô ¬¸»®» ¿®» ²±¬ »°¿®¿¬» »¼·¬»¼ ¿²¼ ½´»¿² ª»®·±²ò DEPARTMENT AND AGENCY REVIEW: The key members of the Development Review Committee have reviewed and support this request as conditioned. FINDINGS: Amendments to an Overlay District are required to follow the Zoning Amendment procedure in the DDC. Pursuant to subsection 35.3.4.B. of the Denton Development Code, a zoning amendment shall be approved only when the following criteria are met: 1.The proposed rezoning conforms to the Future Land Use element of The Denton Plan. The Regional Mixed Use and Neighborhood Centers future land use categories are appropriate to support the amendments being proposed by the applicant as conditioned. 2.The proposed rezoning facilitates the adequate provisions of transportation, water, sewers, parks, other public requirements and public convenience. Adequate provisions of transportation, water, sewers, parks, other public requirements and public convenience will exist and shall be improved as a part of this development to offset the impacts it generates. ÛÈØ×Þ×Ì î ß»®·¿´ Û²¬·®» Í«¾¶»½¬ Ю±°»®¬§ ÛÈØ×Þ×Ì í Û¨·¬·²¹ Þ¿» Ʊ²·²¹ ÛÈØ×Þ×Ì ì Ó¿¬»® Í·¬» д¿² I-35N ÛÈØ×Þ×Ì ë ݱ²½»°¬ д¿² ÛÈØ×Þ×Ì ê Ю±°±»¼ Ô¿²¼½¿°·²¹ Ù«·¼»´·²» ø»¼·¬»¼ ª»®·±²÷ ß ½´»¿² ª»®·±² ±º ¬¸»» ¹«·¼»´·²» ¿®» ´±½¿¬»¼ ·² Û¨¸·¾·¬ ïí ¾»´±© Section 1.00 Purpose: The Rayzor Ranch Marketplace will feature over 800,000 square feet of retail anchored by Sam’s Club and Wal-Mart SuperCenter. The Marketplace will also feature additional big box retailers, junior anchors, specialty retailers, restaurants and financial/professional services. The design of the shopping center will be consistent with Rayzor Ranch Town Center to ensure continuity of space and a cohesive design throughout the project. Article 1 General Landscape Guidelines Landscape Plan A) Landscaping must be provided in accordance with the attached landscape plan in Appendix D unless otherwise stated in this Exhibit. Open Space Requirements B) The RR-2 and RR-3 areas of the Marketplace tract within RayzorRanch will shall maintain a minimum average open space of 21% of the overall site. This open space shall include all planted areas (parking lot islands, planted buffer strips, sidewalks within planted areas and paved plaza spaces). It shall not include parking, road, or drive areas, building footprint areas and loading docks. Tree canopy coverage in the Marketplace must average 28%. Parking Field Requirements C) The RR-2 and RR-3 areas of the Marketplace will incorporate the following planting guidelines in all parking areas: Landscape Islands 1) There will be one planted island for every 10 linear parking spaces. This planting island shall be no less than the same size as occupy one (1) standard parking space (18’x9’, 162s.f.) Each island shall contain 1 shade tree (2” min. cal.) from the Approved Plant List (see Appendix A). Alternatively, there will be one planted island for every 20 linear parking spaces. This planting island shall be no less than the same size as 2 standard parking spaces (18’x18’, 324 s.f.). Each island shall contain 2 shade trees (2” min. cal.) from the Approved Plant List (see Appendix A). Ground cover within the island shall be 100% turf, shrub, planted groundcover, river rock gravel, or mulch or combination thereof (See Diagram 1). End Islands 2) There shall also be an end island for every parking row. This end island shall be no less than the same size as occupy one (1) standard parking space (18’x9’, 162s.f.). Each island shall contain 1 shade tree (2” min. cal.) from the Approved Plant List (see Appendix A). An example of the end islands can be found in Diagram 1. Ground cover within the island shall be 100% turf, shrub, planted groundcover, river rock gravel, or mulch or combination thereof (Please see Diagram 1). Minor Amendments 3) The Director may approve alternate tree locations utilizing the minor amendment process to avoid conflicts with utilities as defined in the Denton Development Code. Spacing From Public Utilities 4) Water and Wastewater Lines – a)No trees shall be planted closer than nine (9) feet from any public underground water or wastewater utility main unless applicable staff approves a special circumstance. The location of the water or wastewater utility line shall be considered, for distance purposes, to be the surface of the ground above the line. Fire Hydrants b) – No trees shall be planted closer than 5 10 feet from any fire hydrant. Street Tree Requirements: C) Location 1) Street trees in the Marketplace shall be located between the street and sidewalk, within a designated planting strip in the right-of-way, or in tree wells with the sidewalk that is eight (8) feet wide or greater, subject to the approval of the Director of Planning and Development. Number and Spacing 2) Street trees in the Marketplace shall be planted on spacing no greater than one (1) tree for every 45 linear feet of street frontage. Spacing from Utilities a)All provisions of this Section are subject to the approval of the Director of Planning and Development. Service Lines i) No trees shall be planted closer than nine (9) feet from any underground water or wastewater utility connection or main and no closer than five (5) feet from any other underground utility lines. The location of the utility line shall be considered, for distance purposes, to be the surface of the ground above the line. Fire Hydrants ii) No trees shall be planted closer than five (5) feet from any fire hydrant. Street Lighting iii) Street lighting instruments shall be installed according to the design criteria of the electric utility. Individual street light instruments may be substituted in the place of individual street trees, in order to reduce tree/instrument conflict. View Corridors / Visual Triangles iv) No street trees shall be planted within established view corridors or visual triangles. Spacing from Driveways b)No trees shall be planted closer than five (5) feet from any driveway. 3)Tree Species Tree species to be used for street trees must come from the Street Tree “F” list as shown in Appendix C. Article 2 Buffers and Screening The Marketplace shall incorporate buffers between the Marketplace and the adjacent areas to the north and east. Residential Development Buffer (North) (SF-1) A) The Residential Development Buffer shall consist of a fencing and landscape buffer.The wood fence (8’ ht. minimum) shall include steel posts and a decorative cap with the good side facing the residential use or zoning district. Additional to the wood fence, a 10’ landscape buffer (residential side) will include a minimum of one (1) treefor every 20 linear feet and 20 shrubs (see Approved Plant List –Appendix C), minimum 5 gallons, for every 30 linear feet. The buffer shall have a minimum of 3 tree species with no more than 40% of each tree being used within the buffer. The wood fence must have openings a maximum of every 300’ for maintenance to landscaping in the buffer. Residential Development Buffer Between RR-2/RR-3 and A) SF-1 The Residential Development Buffer for the RR-3 District shall consist of a wall at least eight feet (8’) tall, constructed of masonry or modular concrete.There shall be at least one (1) ornamental tree every 20 feet on center on the north side of the eight foot (8’) tall wall for the portion of the wall in the RR-3 area adjacent to the residential area labeled on the Rayzor Ranch Concept Plan as SF-1. The Residential Development Buffer between the RR-2 area and the SF-1 area shall consist of the water quality and detention basin landscaped in accordance with the approved ISWM plan. The detention basin will be fenced with a six foot (6’) tall black poly coated chain link fence. Existing Commercial Development Buffer (West) B) The Existing Commercial Development Buffer shall consist of a masonry wall as described in Exhibit D and landscape buffer. In addition to the masonry wall, a 10’ landscape buffer (commercial side) will include a minimum of one (1) tree for every 30 linear feet and 10 shrubs (see Approved Plant List – Appendix C), minimum 5 gallons, for every 30 linear feet. The buffer shall have a minimum of 3 tree species with no more than 40% of each tree being used within the buffer. Buffer Between the Existing Nonresidential Development B) North of RR-3, Lot 11 The Buffer shall consist of a wall at least eight feet (8’) tall, constructed of masonry or modular concrete. Buffering along North Bonnie Brae Street, North of U.S. 380 C) The Residential Development Buffer shall consist of a fencing and landscape buffer. The wood fence (8’ ht. minimum) shall include steel posts and a decorative cap with the good side facing North Bonnie Brae Street. Additional to the wood fence, a 20’ landscape buffer adjacent to the Bonnie Brae Expansion Right of Way will include a minimum of one (1) tree for every 30 linear feet and 10 shrubs (see Approved Plant List –Appendix C), minimum 5 gallons, for every 30 linear feet. The buffer shall have a minimum of 3 tree species with no more than 40% of each tree being used within the buffer. A minimum 10’ wide sidewalk/trail will be located within this landscape Buffer to provide a connection between McKenna Park and North Lakes Park. Service and Equipment Screening D) Refuse Container Screen 1) Containers or disposal areas shall be screened from view by placement of a solid wood fence or masonry wall as tall as the refuse containers, but no less than five (5) feet in height. All refuse materials shall be contained within the refuse area. Trash receptacles shall be screened in accordance with Article 1.A.3 of the Rayzor ranch Architectural Guidelines. The construction of refuse screening areas must comply with theMunicipal Solid Waste and Recyclables Storage and Enclosure Requirements adopted by the City of Denton on May 8, 2009. Service Corridor Screen 2) When adjacent to residential uses, commercial and industrial service corridors shall be screened. Siting and design of such service areas shall reduce the adverse effects of noise, odor and visual clutter upon adjacent residential uses. Mechanical Equipment Screen 3) All mechanical equipment shall be screened from any public right-of-way or adjacent to residential use or zoning district. Ground mounted equipment can be screened with evergreen shrubbery or masonry or concrete screen wall. Gates, if incorporated in the design of the screen wall, can be constructed of metal. Screening is subject to approval by the appropriate controlling utility. Outdoor Storage 4) All outside storage shall comply with the provisions of Section 35.12.7 of the Denton Development Code. Article 3 Access, Parking and Circulation Requirements External to the Development A) Vehicular Access 1) Access Management a) The Marketplace shall provide access that complies with Access Management principals of location, spacing and sharing of curb cuts. The Marketplace shall provide adequate stacking distance for all entrances. Connectivity b) All non-residential development, excluding industrial, shall provide access to the adjoining residential property (north). Connectivity may be provided from the RR-2 Marketplace to the SF-1 district by a single road with a north/south orientation on the western edge of the RR-2 District. Extension to existing single family zoning to the north may be provided at the time of development of the Rayzor Ranch single family lots. Pedestrian Access 2) All developments shall provide pedestrian access by linking to any adjacent sidewalk(s), multi-use path(s) or public transportation stop. Transit Amenities 3) Transit amenities, bus shelters, and pullouts shall be provided as required under Subchapter 20 Transportation of the City of Denton Development Code. Internal to the Development B) Vehicular Circulation 1) a) Internal circulation shall be well defined by use of end caps and landscaped areas. b) Cross Access: Prior to division of property, circulation and access standards shall be applied and, if necessary, cross easements shall be required so that access to all properties created by the subdivision can be made from shared curb cuts. Article 4 Parking Lot Landscaping and Screening Standards In addition to Article 1 above, all parking lots, which for purposes of this section, include areas of vehicle maneuvering, parking, and loading, shall be landscaped and screened as follows: Landscape Standards A) 1) A minimum of 7% of the total parking area shall be landscaped. 2) A minimum of 15% of the required parking shall be covered by tree canopy. 3) The tree species shall be an appropriate shade tree and shall be selected from the Approved Plant List (see Appendix A) for the Rayzor Ranch Development. 4)The landscaped and end cap areas shall be planted with trees and, shrubs or groundcover. Landscaped areas should be evenly distributed throughout the parking area and parking perimeter. 4) Poly-coated chain link fencing is allowed for security and utilitarian purposes, but is not considered a screening fence. Screening at Right of Way: B) Parking is allowed in front of a building if the parcel meets the following design standards. 1) Parking lots shall be separated from the street frontage by a minimum 15 foot wide Right-of-Way Screening Landscape Area to reduce visual impacts. 2) The 15-foot landscape area shall begin from the Public Utility Easement (PUE). If an easement does not exist, the landscape area shall begin from the street right-of-way. The minimum 15 foot wide Right-of-Way Screening Landscape Area is the area located between the right-of-way and the parking lot. Utility easements are allowed to count towards part of the 15-foot wide Right-of-Way Screening Landscape area subject to required separation from utilities. 3) Large trees shall be planted every 40 linear feet within the 15-foot landscape area. The number of large trees required will be calculated by providing one (1) large tree for every 45 feet of the Right-of- Way Screening Landscape Area. The required numbers of trees do not have to be planted on 45-foot centers, but can be clustered. 4) A minimum of three small accent trees clustered every 30 linear feet within the 15-foot landscape area Right-of-Way Screening Landscape Area may be substituted for the large tree requirement. 5) At least one or any combination of the following shall be used to help screen the parking lot: a) Xeriscape landscaping may be planted within the 15-foot landscape area Right-of-Way Screening Landscape Area. Xeriscape landscaping shall require water irrigation for a period of three years for landscaping to be established. After 3 years, no irrigation is required, except for supplemental irrigation during periods of drought; b) A minimum three foot high continuous row of evergreen shrubs planted within the 15 foot landscape area Right- of-Way Screening Landscape Area. The shrubs may be grouped and not planted in a continuous row provided that the shrubs overlap to form a continuous buffer; or c) A minimum three-foot high continuous wall made of any combination of wrought iron, masonry, or stone within the 15-foot landscape area Right-of-Way Screening Landscape Area. If wrought iron is used, vines shall be grown on the wrought iron to help screen the parking lot. 6)There will be one planted island for every 10 linear parking spaces. This planting island shall be no less than the same size as 1 standard parking space (18’x9’, 162 s.f.). Each island shall contain 1 shade tree (2” min. cal.) from the Approved Plant List (see Appendix C). Alternatively, there will be one planted island for every 20 linear parking spaces. This planting island shall be no less than the same size as 2 standard parking spaces (18’x18’, 324 s.f.). Each island shall contain2 shade trees (2” min. cal.) from the Approved Plant List (see Appendix C). Ground cover within the island shall be 100% turf, shrub, planted groundcover, river rock, or mulch or combination thereof (See Diagram I-01, page 7). Article 5 Tree Maintenance and Tree Mitigation Each replacement tree shall have a minimum caliper of two (2) A) inches, measured six (6) inches above grade and must be at least five (5) feet tall when planted. All replacement trees must be Large Canopy Trees and be B) included on the Approved Plant List found in Appendix A. A performance bond is required prior to the issuance of a C) building permit for each phase of Rayzor Ranch. The purpose of the performance bond is to ensure that the landscape and trees are planted and well maintained. Upon completion of the three (3) year establishment period for all plantings within the Rayzor Ranch project, the City shall inspect the trees to determine if 90% of the trees are healthy and have a reasonable chance of surviving to maturity. Upon such a finding, the City shall release the performance bond. If the applicant does not take remedial steps to bring the property into compliance, the City shall make demand for payment of the bond. The City may use all legal remedies to enforce this requirement, in addition making demand on the bond. The developer shall pay $215,500.00 into the Rayzor Ranch D) Tree Mitigation Escrow Fund prior to the issuance of the first clearing and grading permit for the Rayzor Ranch development. Any accumulated interest shall be available for additional tree planting and maintenance of public trees in the Rayzor Ranch development, or as otherwise specified herein or in other agreements with the City. The Developer shall bear all administrative costs for the Rayzor Ranch Tree Mitigation Escrow Fund. The City must be a third party beneficiary to the Rayzor Ranch Tree Mitigation Escrow Fund, to be held in trust by the City or a designated third party agent. Funds paid into the Rayzor Ranch Tree Mitigation Escrow Fund shall be used to purchase plant and maintain trees in Rayzor Ranch. At the completion of the Rayzor Ranch project, any remaining funds may be used to plant trees on public property within five (5) miles of Rayzor Ranch. Tree mitigation will also be subject to the criteria established in E) Section 35.7.15.7 of the Rayzor Ranch Overlay District. Article 6 Interim Landscape Areas The landscaping required along the frontage of Bonnie Brae will A) not be required to be installed until six (6) months after the installation of the 42-inch water line by the City of Denton is constructed and accepted. Landscaping for the water quality / detention basin must be B) completed within six (6) months of the issuance of the first certificate of occupancy for the Junior Anchor retail building located in the RR-2 Marketplace. The U.S. 380 (University Drive) right-of-way landscape C) screening will follow the following sequencing: 1) There will be no landscaping required for 180 days after the U.S. 380 construction is complete. If final construction has not begun on the permanent landscaping shown on the Master Landscaping Plan after the 180-day time limit expires, then temporary grass and irrigation will be installed. 2) Final right-of-way screening must be installed within six (6) months after the final certificate of occupancy is issued for 80% of the lots fronting U.S. 380. This is to ensure that landscaping is uniform at the time of installation. Based on feedback staff received at the June 16, 2009 City Council Work Session, the following alternative language is proposed for Council consideration regarding item C.2 above. Final right-of-way screening must be installed within six (6) months after the final certificate of occupancy is issued for 80% of the lots fronting U.S. 380 or within two years of the effective date of this Exhibit, whichever is less. This is to ensure that landscaping is uniform at the time of installation. Article 7 Amendments to the Landscape Plan A) The Director may authorize minor changes in the landscape plan that otherwise comply with the Overlay District ordinance and do not: 1) Reduce the perimeter landscape buffer strip shown on the original landscape plan; 2) Detrimentally affect the original landscape plan’s aesthetic function relative to adjacent right-of-way or surrounding property; or 3) Detrimentally affect the original landscape plan’s screening or buffering function. B) For purposes of this subsection, “original landscape plan” means the earliest approved landscape plan that is still in effect, and does not mean a later amended landscape plan. For example, if a landscape plan was approved with the Overlay District and then amended through the minor amendment process, the original landscape plan would be the landscape plan approved with the Overlay District, not the landscape plan as amended through the minor amendment process. If, however, the landscape plan approved with the Overlay District was replaced through the zoning amendment process, then the replacement landscape plan becomes the original landscape plan. The purpose of this definition is to prevent the use of several sequential minor amendments to circumvent the zoning amendment process. ß°°»²¼·¨ ß ß°°®±ª»¼ д¿² Ô·¬ Canopy Trees Mature Canopy 314-1256 sq. ft. - Site Design Criteria Manual Common Name Scientific Name Soapberry Sapindus drummandii Black Locust Robina pseudoacacia Eastern Red Cedar Juniperus virginiana Cedar Elm Ulmus crassifolia Texas Mesquie Prosopis glandulosa Chinquanpin Oak Quercus muhlenbergii Post Oak Quercus stellata Live Oak Quercus virginiana "Highrise" Shummard Red Oak Quercus shumardii Texas Red Oak Quercus texana Chinese Pistache Pistacia chinensis Ginko Ginko bilboa Texas Ash Fraxinus texensis Bur Oak Quercus macrocarpa Bigtooth Maple Acer grandidentatum Foster Holly Ilex x attenuata "Fosteri" Caddo Maple Acer saccharum "Caddo" Southern Magnolia Magnolia grandiflora River Birch Betula nigra Ornamental Trees Matue Canopy 79-314 sq. ft. - Site Criteria Manual Common Name Scientific Name American Smoketree Conius obovalus Crape Myrtle Lagerstromia indica Desert Willow Chilopsis linearis "Warren Jones" Downy Hawthorne Crataegus mollis Mexican Plum Prunus mexicana Mexican Redbud Cercis canadensis var mexicana Prairie Flameleaf Sumac Rhus lanceoiata Reverchon Hawthorn Crataegus reverchronis Rusty Blackhaw Viburnum rufidulum Texas Persimmon Diospryros texana Texas Sophora Sophora affinis Vitex Vitex agnus-castus - "LeCompte" Wax Myrtle Myrica cerifera Yaupon Holly Ilex vomitoria Shrubs Common Name Scientific Name AgaritaMahonia (Berberis) trifolita Sesert Spoon Dasyliron spp. Dwarf Buford Holly Ilex cornuta "Dwarf Buford" Dwarf Wax Myrtle Myrica pusilia Dwarf Yaupon Holly Ilex vomitona "Nana" Ebbing's Silverberry Eleagnus ebbengei Foster Holly Ilex x attenuaa Fragrant Sumac Rhus aromactica Glossy Abelia Abelia x grandoflora Hardy Plumbago Ceratostimgma plumbaginoides Indian Hawthorn Rhaphiolepios indica Knockout Rose Roa "Knockout" Red Yucca Hesperaloe parviflora Rosemary Rosmarius officinalis Sacahuista Nolina texana St. John's Wort Hypecum perforatum St. John's Wort Hypericum beanii Texas Sage Leucophyllum frutescens Malvaviscus arboreus var. Turk's Cap drummondoni Waxleaf Ligustrum Ligustrum japonica "Texana" Western White Honeysuckle Lonicera albiflora Yucca Yucca app. Grasses / Ground Cover / Vines Common Name Scientific Name Asian Jasmine Trachelosperum asiaticum Aster Aster spp. Bermuda Grass Cynodon dactylon Blackfoot Daisy Melampodium leucanthium Bracken Fern Pteridum aquilnum Buffalo Grass Bucchloe dactyiodes Butterfly Weed Asclepias tuberosa Cactus Opuntia spp. Coneflower Rudbeckia fulgida Cross Vine Bignonia capreoiata Daylilly Hermerocallis "Hyperion" Desert Sage Salvia gregii Englemann Daisy Englemannia pinnatifida Evening Primrose Oenothera speciosa Giant Liriope Lirope gigantea Gray Rush Juncus effusus Hameln Grass Pennisetum alopecuroides "Hemeln" Inland Sea Oats Chasmanithuim latifolium Kentucky Wisteria Wisteria macrostachya Lady Banks Rose Rosa banksiae Little Bluestem Grass Schizachyrium latifolium Little Bunny Fountain Pennistemum alopecuroides "Little GrassBunny" Lirope Lirope muscari Maiden Grass Miscanthus sinensis "Gracillimus" Mexican Feather Grass Nasella(Stipa) tenuissima Muhly Grass Muhienbergia spp. Orange Wedelia Wedelia hispida Prairie Zinnia Zinnia grandiflora Purple Cornflower Echinacea pupurea Purple Wintercreeper Euonymous fortunei Russian Sage Perovskia atriplicfloia Sideoats Grama Bouteova curtipendula Texas Green Eyes Berlandiera texana Texas Sage Leucophyllum frutescens Trumpet Honeysuckle Vine Lonicera sempervirens Trumpet Vine Camsis radicans Turfallo grass Bouteloua dactyloides Virginia Creeper Parthenocissus quinquefolia White Sagebrush Artemesia ludoviciana Yellow Elder Tacoma stans ß°°»²¼·¨ Þ Ì®»» Ó·¬·¹¿¬·±² ݸ¿®¬ ß°°»²¼·¨ Ý Ô¿²¼½¿°» ݸ¿®¬ ß°°»²¼·¨ Ü Ô¿²¼½¿°» д¿² Í»» Û¨¸·¾·¬ é ·² ¬¸» ͬ¿ºº λ°±®¬ Þ»´±© Ü·¿¹®¿³ ï п®µ·²¹ Ô±¬ Ô¿²¼½¿°» ×´¿²¼ ÛÈØ×Þ×Ì è Ю±°±»¼ ß®½¸·¬»½¬«®¿´ Ù«·¼»´·²» ø»¼·¬»¼ ª»®·±²÷ ß ½´»¿² ª»®·±² ±º ¬¸»» ¹«·¼»´·²» ¿®» ´±½¿¬»¼ ·² Û¨¸·¾·¬ ïí ¾»´±© Article 1 RR-2 Nonresidential Buildings (RR2) Nonresidential buildings in the RR-2 Subareas as shown on the Rayzor Ranch Concept Plan shall comply with the following standards. Orientation A) 1) Building frontages greater than 100 feet in length shall have vertical and horizontal façade articulation and other distinctive changes in the building façade, such as, but not limited to, materials, color or texture, below the sign band. 2) Buildings shall incorporate some combination of arcades, roofs, alcoves, porticoes, canopies or awnings as a design element of the façade. 3) Loading docks, trash receptacles, storage areas and mechanical equipment shall be screened from public streets by evergreen shrubbery, trees, masonry, or concrete screenwall. If screening a loading dock with shrubbery, the shrubbery must be a minimum of five (5) feet tall at time of planting and must comply with the planting standards set forth in the Rayzor Ranch Landscaping Guidelines. An example of this screening can be found in Appendix 7. If screening trash receptacles, storage areas and mechanical equipment, the shrubbery must be a minimum of one (1) foot taller than the facility or item they are to screen at time of planting and must comply with the planting standards set forth in the Rayzor Ranch Landscaping Guidelines. 4) Buildings shall have a design element that emulates at least one of the Rayzor Ranch Architectural features which are in the Ranching Heritage Architectural style. The features include the use of at least one of the following: a) Native Texas quarried natural stone or limestone. b) Sloped metal roofing to match color palate. c) Freestanding stone element, such as fireplace, obelisk, or other design feature. d) The use of shading elements, such as a canopy, portico, trellis, or awning. 5) On single tenant retail buildings greater than 20,000 sq. ft. (Junior Anchors) with facades that are facing U.S. 380 and Bonnie Brae, in addition to the requirements set forth in Sections 1-4 above, the building shall also include the following design elements: a) Color change, texture change, and material changes within the wall at intervals not to exceed 100 feet. b) At least one change in wall plane not less than 12 inches in depth and extending a minimum of 10 feet. See Appendix 6 for an example. c) At least one variation in the top of wall, a minimum of two feet (2’) in height and be a minimum of two feet (2’) wide. See Appendix 6 for an example. d) Overhanging eaves or horizontal elements, sloped roof elements, or cornice expressions or coping detail of a minimum of 12 inches tall and six inches (6”) deep. See Appendix 6 for an example. e) Each building shall have a clearly defined, visible customer entrance on one side. Stone is required to be used as a portion of the wall material at each customer entrance. Building Materials B) 1) Window glass may not be flush with exterior wall treatment, or if flush, shall have a surround of wood or metal frame, or wall trim material. 2) All sides of buildings visible from the streets, or internal customer areas of the site, shall be constructed of masonry, natural stone, decorative block, concrete, stucco or other high quality material customarily used for the building style (such as natural metals or EFIS). Gables, windows, doors and related trim are not included in this requirement. Wood and HDO board may be used. Acceptable material and color palette includes: (reference Appendix 1-4): a) Native Texas quarried natural stone or limestone of varying colors, sizes and textures; b) Concrete – Architectural finish. Texture coated or textured and colored. c) Masonry d) Porcelain Tile e) Glass f) Galvanized metal panels or prefinished architectural metal panels of a gray tone, neutral or earthtone color; g) Painted siding of a warm, neutral/earthtone or gray tone color; h) EIFS or stucco of a warm, neutral/earthtone or gray tone color; i) Accent colors of a warm, neutral/earthtone range are encouraged but should be used in a limited manner; j) Natural metals such as but not limited to zinc and copper; k) Roofing tile, metal roofing shingles and panels, or slate in galvanized or natural/earthtone color. l) Natural wood, stained or painted. 3) Glass. Use of glass for displays and to allow visual access to interior space is permitted. Buildings may not incorporate glass for more than 70% of the building skin. 4) Each building must incorporate some natural stone on walls visible to customers. 5) Metal Roofs. Metal roofs visible from grade are permitted provided that they standing metal seam, batten seam or metal shingles. Article 2 RR-3 Area Development Regulations (RR3) Building design shall contribute to the uniqueness of the development with predominant materials, elements, features, color range and activity areas tailored specifically to the site and its context. In the case of a multiple building development, each individual building shall include predominant characteristics shared by all buildings in the development so that the development forms a cohesive place within the zone district or community. A standardized prototype design shall be modified as necessary to comply with the requirements of this subsection. Developments involving a gross floor area in excess of 40,000 square feet of a single user and located in a RR-3 district shall comply with the following standards: Orientation A) 1) Architectural features on building facades that are visible from I-35N and West University Drive (excluding facades facing residential property that are screened by an eight-foot fence or wall and facades facing the side or rear of property zoned and used for commercial purposes or industrial purposes) shall provide the following design features: (Refer to photographs in Appendix 6) a) Facade walls shall not have an uninterrupted length in excess of one hundred feet (100’). Facades to provide the following at intervals no greater than one hundred feet (100’) excluding elements provided in Item d (Entryways) below: i) Color change, texture change, and material changes within the walls. ii) A change in wall plane no less than twelve inches (12”) in depth extending a length of a minimum of twenty feet (20’) and iii) Variations in the top of the wall of a minimum of two feet in the height. b) Top of walls shall also have overhanging eaves or horizontal elements, extending no less than three (3) feet past the supporting walls, or sloped roof elements, or cornice expressions or coping detail or minimum twelve inches (12”) tall. c) Facades shall also provide at least one of the following: a) Wall plane projections or recesses having a depth of at least 3% of the length of the façade and extending at least 20% of the length of the façade, not to exceed one hundred feet (100’). b) Pilasters projecting from the plane of the wall by a minimum of sixteen inches (16”). The use of pilasters to interrupt horizontal patterns such as accent banding is encouraged. c) Canopies, awnings, or porticos projecting a minimum of six feet (6’) from the plane of the primary façade walls. d) Repetitive ornamentation including decorative applied features such as wall-mounted light fixtures or applied materials. Repetitive ornamentation shall be located with a maximum spacing of fifty feet (50’). e) Faux window/framed elements. d) Each large retail establishment on a site shall have clearly defined, highly visible customer entrances. Stone is required to be used as a major portion of the wall material at each customer entrance. e) The building shall have a design element that emulates the Rayzor Ranch signature feature. This includes building materials and architecturally compatible light fixtures. This element should occur at an entryway. 2) Architectural Features on building facades facing residential property that are screened by an eight-foot tall fence or wall and facades facing the side or rear of property zoned and used for commercial purposes or industrial purposes should have the following elements: (Refer to photographs in Appendix 5) a) A pattern that includes all of the following elements at intervals of no more than one hundred (100’) feet, horizontally. The following pattern is also to occur vertically at least once within the height of the building, above ten feet (10’) height: Color change, texture change, and a change in plane, no less than two-feet eight inches (2’-8”) in width, such as an offset, reveal or projecting pilaster with a stepped capital or coping. b) Variation in the top of the wall of a minimum two feet (2’) change in height at maximum of two hundred feet (200’) intervals. Peaks, arches, or other expressions of the front wall form are encouraged and should be used. c) Top of the wall to have a cornice or coping detail a minimum of twelve inches (12”) tall. 3) Sidewalk display and cart storage. Areas for customer loading or merchandise display and cart storage shall be clearly delineated and shall not be located in front of any customer entrances, exit door(s), or within fifteen feet (15’) on either side of the door(s). 4) Permanent outdoor display, sales and storage. Merchandise may be stored or displayed for sale to customers on the front or side of the buildings in accordance with this paragraph. a) The total square footage of all permanent outdoor storage, display, and sales areas shall be limited to 10% of the footprint of the building, but in no event shall exceed 20,000 square feet, except for home improvement use, which may not exceed 45,000 square feet of outdoor storage and the 10% footprint restriction does not apply. b) Permanent outdoor storage, display and sales shall be contiguous to the building and shall not be permitted within seventy-five feet (75’) of residential property. c) The permanent storage, display and sales area shall be enclosed by a minimum eight-foot (8’) wall of columns minimum two feet (2’) wide, of like appearance to the building with wrought iron or decorative tubular fencing between, and topped by wrought iron or tubular steel fencing. No merchandise other than trees shall be visible above the wall or fence. (See Appendix 5) d) Seasonal outdoor display will be allowed. Size will be limited to 11,000 square feet maximum. Dates for outdoor display will be year round. Merchandise may not exceed ten feet (10’) in height except for trees. 5) Rear Storage. Bulk merchandise may be stored behind the building. The sides and back of the storage area shall be screened with a chain link fence covered with windscreen, except for any side or back that is separated from any residential property by an eight-foot masonry wall and landscaped buffer yard, in which case additional screening is not required. Windscreen shall be maintained in good repair and free of tears. The rear storage area shall not be accessible to customers. Merchandise shall be stacked no higher than twenty-five feet (25’) or level with the top of the adjacent sidewall of the building, whichever is lower, and may not be stacked above the height of the chain link fence. 6)Wall and landscaped buffer yard. An eight-foot (8’) masonry wall of brick, stone, split block or concrete cast to simulate such materials shall be constructed along the common boundary line of the adjacent residential property, or as close as practicable in the event of intervening alleys, easements and drainage channels. 7) Pickup and Delivery. Outdoor storage, pickup, delivery, loading and unloading of merchandise, equipment or other items may not occur within one hundred feet (100’) of residential property. Loading docks must be located to the side or rear of the building unless the loading area is completely screened from the street, and loading docks shall be located more than one hundred feet (100’) from residential property except for area by Greenway Drive which shall be seventy five feet (75’). Pavement may be located within one hundred feet (100’) of residential property. 8) Trash Collection and Compaction. Trash collection and compaction may not occur within one hundred feet (100’) feet of a residential or within 75 feet of Greenway Drive, and shall be screened from public view. 9) Mechanical equipment. No mechanical equipment may be located within one hundred feet (100’) of a residential lot. Mechanical equipment shall be screened from public view on site. Building Materials B) 1) Fronts and street sides of buildings, excluding windows, visible from public right-of-way shall be non-reflective and shall be of wood, masonry, stone, concrete, decorative block, stucco, HDO board or other high quality material customarily used. For purposes of this subsection non- reflective means materials with exterior visible reflectance percentages less than 27 percent. Acceptable material and color palette (reference Appendix 1-4): a) Native Texas quarried natural stone or limestone of varying colors, sizes and textures; b) Concrete – Architectural finish. Texture coated or textured and colored. c) Masonry - brick or decorative CMU. d) Porcelain Tile e) Galvanized metal panels or prefinished architectural metal panels of a gray tone, neutral or earthtone color; f) Painted siding of a warm, neutral/earthtone color in accent areas only; g) EIFS or stucco of a warm, neutral/earthtone color; h) Accent colors of a warm, neutral/earthtone range are required but should be used in a limited manner; i) Natural metals such as but not limited to zinc and copper; j) Roofing tile, metal shingles and panels, or slate in galvanized or natural/earthtone color. k) Natural wood, stained or painted. 2) The use of ground mounted lighting or pedestrian level accent lighting is encouraged. Article 3 Office (O) Nonresidential buildings in the O District as shown on the Rayzor Ranch Concept Plan shall comply with the following standards. However, the Cook’s Children’s Hospital can incorporate architectural elements in their design that include items detailed in Appendix 8. Orientation A) 1) Building frontages greater than 100 feet in length shall have vertical and horizontal façade articulation and other distinctive changes in the building façade, such as, but not limited to, materials, color or texture, below the sign band. 2) Buildings shall incorporate some combination of arcades, roofs, alcoves, porticoes, canopies or awnings as a design element of the façade. 3) Loading docks, trash receptacles, storage areas and mechanical equipment shall be screened from public streets by evergreen shrubbery, trees, masonry, or concrete screenwall. If screening a loading dock with shrubbery, the shrubbery must be a minimum of five (5) feet tall at time of planting and must comply with the planting standards set forth in the Rayzor Ranch Landscaping Guidelines. An example of this screening can be found in Appendix 7. If screening trash receptacles, storage areas and mechanical equipment, the shrubbery must be a minimum of one (1) foot taller than the facility or item they are to screen at time of planting and must comply with the planting standards set forth in the Rayzor Ranch Landscaping Guidelines. 4) Buildings shall have a design element that emulates at least one of the Rayzor Ranch Architectural features which are in the Ranching Heritage Architectural style. The features include the use at least one of the following: i) Native Texas quarried natural stone or limestone. ii) Sloped metal roofing to match color palate. iii) Freestanding stone element, such as fireplace, obelisk, or other design feature. iv) The use of shading elements, such as a canopy, portico, trellis, or awning. 5) On buildings greater than 20,000 sq. ft. with facades that are facing U.S. 380 and Bonnie Brae, in addition to the requirements set forth in Sections 1-4 above, the building shall also include the following design elements: i) Color change, or texture change, or material changes within the wall at intervals not to exceed 100 feet. ii) At least one change in wall plane not less than 12 inches in depth and extending a minimum of 10 feet. See Appendix 6 for an example. iii) At least one variation in the top of wall, a minimum of two feet (2’) in height and be a minimum of two feet (2’) wide. See Appendix 6 for an example. iv) Overhanging eaves or horizontal elements, sloped roof elements, or cornice expressions or coping detail of a minimum of 12 inches tall and six inches (6”) deep. See Appendix 6 for an example. v) Each building shall have a clearly defined, visible customer entrance on one side. Stone is required to be used as a portion of the wall material at each customer entrance. Building Materials B) 1) Window glass may not be flush with exterior wall treatment, or if flush, shall have a surround of wood or metal frame, or wall trim material. 2) All sides of buildings visible from the streets, or internal customer areas of the site, shall be constructed of masonry, natural stone, decorative block, concrete, stucco or other high quality material customarily used for the building style (such as natural metals or EFIS). Gables, windows, doors and related trim are not included in this requirement. Wood and HDO board may be used. Acceptable material and color palette includes: (reference Appendix 1-4): a) Native Texas quarried natural stone or limestone of varying colors, sizes and textures; b) Concrete – Architectural finish. Texture coated or textured and colored. c) Masonry d) Porcelain Tile e) Glass f) Galvanized metal panels or prefinished architectural metal panels of a gray tone, neutral or earthtone color; g) Painted siding of a warm, neutral/earthtone or gray tone color; h) EIFS or stucco of a warm, neutral/earthtone or gray tone color; i) Accent colors of a warm, neutral/earthtone range are encouraged but should be used in a limited manner; j) Natural metals such as but not limited to zinc and copper; k) Roofing tile, metal roofing shingles and panels, or slate in galvanized or natural/earthtone color. l) Natural wood, stained or painted. 3) Glass. Use of glass for displays and to allow visual access to interior space is permitted. Large expanses of unbroken glass surfaces are discouraged. 4) Each building must incorporate some natural stone on walls visible to customers. 5) Metal Roofs. Metal roofs visible from grade are permitted provided that they standing metal seam, batten seam or metal shingles. Article 4. Streetscape/Public Spaces A) One square foot of Plaza or Public Space shall be required for every 10 square feet of gross ground floor area. Plaza or Public Space may be located anywhere within Rayzor Ranch. B) Plazas or public spaces shall incorporate at least 3 of the 5 following elements, which may be located anywhere within Rayzor Ranch: 1) Sitting space – at least one sitting space for each 250 square feet shall be included in the Plaza. Seating shall be a minimum of sixteen inches (16”) in height and thirty inches (30”) in width. Ledge benches shall have a minimum depth of thirty inches (30”). 2) A mixture of areas that provide shade. 3) Trees in proportion to the space at a minimum of 1 tree per 800 square feet. 4) Water features or public art. 5) Outdoor eating areas or food vendors. 6) Planting areas in the sidewalk are encouraged. Pots or above grade planters are allowed, minimum of 15 gallons. (Refer to photographs in Appendix 5) C) Developments involving a gross floor area in excess of 40,000 square feet of a single user shall have a minimum of 100 sq. ft. seating area including permanent benches along the front sidewalk area. A minimum of one bike rack shall also be included along the storefront. Bench and bike rack should be of an architecturally consistent design. Article 5. Mechanical Roof Equipment Screening All mechanical roof equipment shall be fully screened from view from public on the site or public pedestrian spaces. Acceptable method for roof equipment is parapet height extension or screening by slopped roof forms. Color or finish per acceptable material palette (reference Appendix 1-4). Article 6. Accessory Use All accessory uses shall be architecturally compatible with the main structure. Article 7. Drive-Through Requirements A) Drive-through uses shall provide sufficient stacking area to ensure that public rights-of-way are not obstructed. B) Drive-through uses must be built as an integral architectural element of the primary structure and use and shall include at least one (1) of the Rayzor Ranch architectural features defined in the Rayzor Ranch Architectural Standards. The materials are to be the same as those used in the primary structure. Drive- through structures and facilities separate from a primary structure must be architecturally compatible with the primary structure. C) Drive-through uses must be located to the rear or side of the structure, and buffered on the rear and side lot lines as required in section 35.13.10. A portion of the buffer between sites can be provided on adjacent lots. Article 8 Light and Glare Performance Requirements All lighting within the Rayzor Ranch development shall meet the following standards: Light may not measure more than one-half (.5) foot candle of A) illumination, measured at the property line, where non-Rayzor Ranch residential adjacency exists. Lights shall have shields installed to prevent the upward B) diffusion of light. Light standards taller than 20 feet shall be shielded or have a downward orientation to prevent the upward diffusion of light. Light standards less than 20 feet in height do not have to be shielded or have a downward orientation. Areas designated for pedestrian use shall provide a minimum C) of one-half foot candle of illumination. ßÐÐÛÒÜ×È ï Û¨¿³°´» Ó¿¬»®·¿´ ß°°´·½¿¬·±² = The below listed materials represent the Architectural color palette for Rayzor Ranch. The intent is not to limit the manufacturers; therefore they are subject to change. Colors will remain within the specified color palette. = Benjamin Moore 1100 Benjamin Moore 1067 Benjamin Moore HC-172 Benjamin Moore HC-169 Benjamin Moore OC-5 Benjamin Moore HC-105 Benjamin Moore AC-28 ICI A1825 ICI A1838 ICI A1866 Sherwin Williams SW6136 Pittsburgh Paints 510-2 = Benjamin Moore 1603 Benjamin Moore AC-27 ICI A2013 ICI A2007 ICI A2015 ICI A2014 Tnemec 03MT Tnemec 03MT = Benjamin Moore 1267 Benjamin Moore 1239 Benjamin Moore 1225 Benjamin Moore HC-100 Benjamin Moore 1040 Benjamin Moore HC-68 Benjamin Moore HC-71 ICI A1827 Sherwin Williams SW6062 Sherwin Williams SW6335 Sherwin Williams SW6041 Sherwin Williams SW6158 Sherwin Williams SW0009 Sherwin Williams SW6117 Sherwin Williams SW2831 Pittsburgh Paints 417-5 Pittsburgh Paints 325-6 Pittsburgh Paints 315-5 ßÐÐÛÒÜ×È î Û¨¿³°´» Ý¿²±°§ ¿²¼ ͸¿¼·²¹ ß°°´·½¿¬·±² ßÐÐÛÒÜ×È í Û¨¿³°´» ß³»²·¬·» ßÐÐÛÒÜ×È ì Û¨¿³°´» ß®½¸·¬»½¬«®¿´ ׳¿¹»®§æ ßÐÐÛÒÜ×È ë Ô¿®¹» ͽ¿´» Ü»ª»´±°³»²¬ Û¨¿³°´»æ ßÐÐÛÒÜ×È ë Ô¿®¹» ͽ¿´» Ü»ª»´±°³»²¬ Û¨¿³°´» ø½±²¬·²«»¼÷æ ßÐÐÛÒÜ×È ë Ô¿®¹» ͽ¿´» Ü»ª»´±°³»²¬ Û¨¿³°´» ø½±²¬·²«»¼÷æ ßÐÐÛÒÜ×È ë Ô¿®¹» ͽ¿´» Ü»ª»´±°³»²¬ Û¨¿³°´» ø½±²¬·²«»¼÷æ ßÐÐÛÒÜ×È ë Ô¿®¹» ͽ¿´» Ü»ª»´±°³»²¬ Û¨¿³°´» ø½±²¬·²«»¼÷æ ßÐÐÛÒÜ×È ë Ô¿®¹» ͽ¿´» Ü»ª»´±°³»²¬ Û¨¿³°´» ø½±²¬·²«»¼÷æ ßÐÐÛÒÜ×È ë Ô¿®¹» ͽ¿´» Ü»ª»´±°³»²¬ Û¨¿³°´» ø½±²¬·²«»¼÷æ ßÐÐÛÒÜ×È ê Ö«²·±® ß²½¸±® Ú®±²¬ Ú¿9¿¼» Û¨¿³°´» ßÐÐÛÒÜ×È é Ô±¿¼·²¹ ܱ½µ ͽ®»»²·²¹ Û¨¿³°´» ßÐÐÛÒÜ×È è ݱ±µ ݸ·´¼®»² ر°·¬¿´ ß®½¸·¬»½¬«®¿´ Û´»³»²¬ ßÐÐÛÒÜ×È è ݱ±µ ݸ·´¼®»² ر°·¬¿´ ß®½¸·¬»½¬«®¿´ Û´»³»²¬ ßÐÐÛÒÜ×È è ݱ±µ ݸ·´¼®»² ر°·¬¿´ ß®½¸·¬»½¬«®¿´ Û´»³»²¬ ßÐÐÛÒÜ×È è ݱ±µ ݸ·´¼®»² ر°·¬¿´ ß®½¸·¬»½¬«®¿´ Û´»³»²¬ ßÐÐÛÒÜ×È è ݱ±µ ݸ·´¼®»² ر°·¬¿´ ß®½¸·¬»½¬«®¿´ Û´»³»²¬ ßÐÐÛÒÜ×È ç Û´»ª¿¬·±² º±® ÎÎóï ÛÈØ×Þ×Ì ïð Ò±¬·º·½¿¬·±² Ó¿° ÛÈØ×Þ×Ì ïï Ò±¬·º·½¿¬·±² λ°±²» ÐßÎÌ ÑÒÛ ÞÛ×ÒÙ a tract of land situated in the Francis Batson Survey, Abstract No. 43, in the City of Denton, Denton County, Texas, being all of a called 121.4759 acre tract (description of Shephard Hall Tract, Tract 2), described in deed to Denton Hillview, L.P., recorded in Denton County Clerk's File No. 2005-127450 of the Real Property Records of Denton County, Texas, all of a called 0.2254 acre tract (Tract 1), a called 2.1017 acre tract (Tract 2) and a called 2.2200 acre tract (Tract 3) described in deed to Quantum at Denton Self Storage, L.P., recorded in Volume 5021, Page 01847 of the Real Property Records of Denton County, Texas, part of a called 18.269 acre tract, described in deed to Denton Property Joint Venture, recorded in Denton County Clerk's File No. 00-R0101370 of the Real Property Records of Denton County, Texas, all of a called 2.999 acre tract, described in deed to De Hall Properties, Ltd., recorded in Denton County Clerk's File No. 2005-40231 of the Real Property Records of Denton County, Texas, being part of a called 8.9217 acre tract of land described in Deed to Mesquite Creek Development, Inc., recorded in Volume 4562, Page 0683 of the Real Property Records of Denton County, Texas, and all of Lot 1 of SANDY ADDITION, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Volume 13, Page 47 and Cabinet J, Slide 348 of the Plat Records of Denton County, Texas, and being more particularly described by metes and bounds as follows: ÞÛÙ×ÒÒ×ÒÙ at a 1/2-inch iron rod found for the north end of a corner clip at the intersection of the north right-of-way line of West University Drive (U.S. Highway No. 380, a 100.20 foot wide public right-of-way) and the west right-of-way line of Bonnie Brae Street (a variable width public right-of-way) for the most easterly southeast corner of the beforementioned Lot 1 of SANDY ADDITION; ÌØÛÒÝÛ with the corner clip, South 45°48'44" West, a distance of 90.93 feet to a 3/4-inch iron rod found for corner; ÌØÛÒÝÛ with the north right-of-way line of West University Drive, the following courses and distances to wit: --North 89°07'28" West, a distance of 773.40 feet to a 5/8-inch iron rod with "KHA" cap set for corner; --North 88°56'28" West, a distance of 1761.77 feet to a 1/2-inch iron rod found for the southeast corner of the called 8.9217 acre tract; ÌØÛÒÝÛ leaving thenorth right-of-way line of West University Drive with the east line of the 8.9217 acre tract, North 00°23'40" East, a distance of 276.40 feet to a point for corner; ÌØÛÒÝÛ crossing the called 8.9217 acre tract, the following courses and distances to wit: --North 89°10'52" West, a distance of 227.61 feet to a point for corner; --North 00°59'35" East, a distance of 80.89 feet to a point for corner; --North 89°00'25" West, a distance of 290.00 feet to a point for corner in the east line of Lot 1, Block A of PORTER/ANDRUS ADDITION, an addition to the City of Denton, Denton County, Texas, according to the Plat thereof recorded in Cabinet O, Slide 45 of the Plat Records of Denton County, Texas; Page 1 of 6 ÌØÛÒÝÛ with the east line of Lot 1, Block A and the east line of Lot 2, Block A of PORTER/ANDRUS ADDITION, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet V, Slide 856 of the Plat Records of Denton County, Texas, North 00°59'47" West, a distance of 217.71 feet to a 5/8-inch iron rod with "KHA" cap set for the northeast corner of Lot 2, Block A; ÌØÛÒÝÛ with the north and west lines of Lot 2, Block A, the following courses and distances to wit: --North 88°42'36" West, a distance of 400.01 feet to a 5/8-inch iron rod with "KHA" cap set for corner; --South 01°28'09" West, a distance of 28.89 feet to a 5/8-inch iron rod with "KHA" cap set for the northeast corner of Lot 1R, Block 1 of ALVIN AND CHARLOTTE WHALEY ADDITION, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet I, Slide 148 of the Plat Records of Denton County, Texas; ÌØÛÒÝÛ leaving the west line of Lot 2, Block A of PORTER/ANDRUS ADDITION with the north line of Lot 1R, Block 1 of ALVIN AND CHARLOTTE WHALEY ADDITION, North 88°31'28" West, a distance of 399.39 feet to a 5/8-inch iron rod with "KHA" cap set in the northeasterly right-of-way line Interstate Highway No. 35 (a variable width public right-of-way) for the most northerly northwest corner of Lot 1R, Block 1 of ALVIN AND CHARLOTTE WHALEY ADDITION; ÌØÛÒÝÛ leaving the north line of Lot 1R, Block 1 of ALVIN AND CHARLOTTE WHALEY ADDITION with the northeasterly right-of-way line Interstate Highway No. 35, North 16°07'54" West, a distance of 632.67 feet to a 5/8-inch iron rod with "KHA" cap set for the southwest corner of Lot 14 of GREENWAY CLUB ESTATES, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Volume 4, Page 27 of the Plat Records of Denton County, Texas; ÌØÛÒÝÛ leaving the northeasterly right-of-way line Interstate Highway No. 35 with the south and east lines of GREENWAY CLUB ESTATES, the following courses and distances to wit: --North 73°15'13" East, a distance of 518.79 feet to a 5/8-inch iron rod with "KHA" cap set for the beginning of a curve to the right; --Easterly, with the curve to the right, through a central angle of 16°47'40", having a radius of 345.00 feet, and chord bearing and distance of North 81°39'03" East, 100.76 feet, an arc distance of 101.13 feet to a 5/8-inch iron rod with "KHA" cap set for the end of the curve; --North 89°58'43" East, a distance of 364.46 feet to a5/8-inch iron rod with "KHA" cap set for corner; --North 00°57'04" West, a distance of 450.70 feet to a 5/8-inch iron rod with "KHA" cap set for the southwest corner of Lot 1, Block 10 of WESTGATE HEIGHTS, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet E, Slide 78 of the Plat Records of Denton County, Texas; ÌØÛÒÝÛ leaving the east line of GREENWAY CLUB ESTATES with the south and east lines of WESTGATE HEIGHTS, the following courses and distances to wit: --North 89°32'37" East, a distance of 48.23 feet to a 5/8-inch iron rod with "KHA" cap set for corner; --South 87°34'57" East, a distance of 1042.99 feet to a 5/8-inch iron rod with "KHA" cap set for corner; --North 00°32'57" East, a distance of 318.04 feet to a 5/8-inch iron rod with "KHA" cap set for the most northerly northwest corner of the beforementioned 121.4759 acre tract ÌØÛÒÝÛ leaving the east line of WESTGATE HEIGHTS with the north line of the 121.4759 acre tract, South 89°13'56" East, a distance of 2067.29 feet to a 5/8-inch iron rod with "KHA" cap set in the west right-of-way line of Bonnie Brae Street; Page 2 of 6 ÌØÛÒÝÛ leaving the north line of the 121.4759 acre tract with the west right-of-way line of Bonnie Brae Street, the following courses and distances to wit: --South 00°37'18" West, a distance of 1455.38 feet to a 5/8-inch iron rod with "KHA" cap set for corner; ÐÑ×ÒÌ ÑÚ ÞÛÙ×ÒÒ×ÒÙ --South 00°26'45" West, a distance of 568.70 feet to the and containing 153.37 acres of land. Bearing system based upon Texas State Plane Coordinate System, using monuments R0610108 AND R0610060. ÐßÎÌ ÌÉÑ ÞÛ×ÒÙ a tract of land situated in the B.B.B. & C.R.R. Company Survey, Abstract No. 192, in the City of Denton, Denton County, Texas, being part of a called 265.6365 acre tract of land (description of Shephard Hall Tract, Tract 1), described in deed to Denton Hillview, L.P., recorded in Denton County Clerk's File No. 2005-127450 of the Real Property Records of Denton County, Texas, and all of Lot 3 of LOTS 1,2,8,3 PEARCY/CHRISTON ADDITION No. 1, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet B, Slide 34 of the Plat Records of Denton County, Texas, and being more particularly described by metes and bounds as follows: ÞÛÙ×ÒÒ×ÒÙ at a 5/8-inch iron rod found in the south right-of-way line of West University Drive (U.S. Highway No. 380, a 100.20 foot wide public right-of-way) for the northerly common corner of Lots 2 and 3 of the beforementioned LOTS 1,2,8,3 PEARCY/CHRISTON ADDITION; ÌØÛÒÝÛ leaving the south right-of-way line of West University Drive with the common line of Lots 2 and 3, South 01°08'26" West, a distance of 600.00 feet to a 5/8-inch iron rod found for the southerly common corner of Lots 2 and 3; ÌØÛÒÝÛ leaving the common line of Lots 2 and 3 with the south lines of Lot 2 and Lot 1-C of LOTS 1-A, 1-B, 1-C PEARCY/CHRISTON ADDITION No. 1, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet L, Slide 188 of the Plat Records of Denton County, Texas, South 89°04'34" East, passing the southeast corner of Lot 1-C at a distance of 711.59 feet and continuing for a total distance of 730.60 feet to a 5/8-inch iron rod found in the west right-of-way line of Bonnie Brae Street (a variable width public right-of-way) for the most easterly northeast corner of the beforementioned 265.6365 acre tract; ÌØÛÒÝÛ with the west right-of-way line of Bonnie Brae Street, the following courses and distances to wit: --South 00°58'54" West, a distance of 1438.01 feet to a 5/8-inch iron rod with "KHA" cap set for corner; --South 00°48'51" West, a distance of 1175.56 feet to a 5/8-inch iron rod with "KHA" cap set for the beginning of a curve to the right; --Southwesterly, with the curve to the right, through a central angle of 45°01'58", having a radius of 321.07 feet, and chord bearing and distance of South 23°19'47" West, 245.91 feet, an arc distance of 252.35 feet to a 5/8-inch iron rod found for the beginning of a reverse curve to the left; --Southwesterly, with the the curve to the left, through a central angle of 57°31'56", having a radius of 392.01 feet, and chord bearing and distance of South 17°04'48" West, 377.30 feet, an arc distance of 393.63 feet to a 5/8-inch iron rod found for the end of the curve; --South 11°41'10" East, a distance of 10.57 feet to a 5/8-inch iron rod found for the north end of a corner clip at the intersection of the north right-of-way line of Scripture Street (a variable width public right-of-way) and the west right-of-way line of Bonnie Brae Street; ÌØÛÒÝÛ with the corner clip, South 39°33'50" West, a distance of 11.48 feet to a 5/8-inch iron rod found for the south end of the corner clip; Page 3 of 6 ÌØÛÒÝÛ with the north right-of-way line of Scripture Street, North 88°58'00" West, a distance of 1265.16 feet to a 5/8-inch iron rod found in the south line of the 265.6365 acre tract; ÌØÛÒÝÛ leaving the north right-of-way line of Scripture Street, the following courses and distances to wit: --North 01°02'00" East, a distance of 500.06 feet to a 5/8-inch iron rod found for corner; --North 88°58'00" West, a distance of 761.56 feet to a 5/8-inch iron rod found for corner; --South 01°02'00" West, a distance of 500.06 feet to a 5/8-inch iron rod found in the north right-of-way line of Scripture Street; ÌØÛÒÝÛ with the north right-of-way line of Scripture Street, the following courses and distances to wit: --North 88°58'00" West, a distance of 318.44 feet to a 5/8-inch iron rod with "KHA" cap set for corner; --North 88°48'26" West, a distance of 41.73 feet to a 5/8-inch iron rod found in the northeasterly right-of-way line Interstate Highway No. 35 (a variable width public right-of-way) and the north right-of-way line of Scripture Street for the most southerly southwest corner of the 256.6365 acre tract; ÌØÛÒÝÛ with the northeasterly right-of-way line Interstate Highway No. 35, the following courses and distances to wit: --North 15°50'30" West, a distance of 38.32 feet to a 5/8-inch iron rod with "KHA" cap set for corner; --North 16°24'00" West, a distance of 3494.36 feet to a 5/8-inch iron rod found for corner; --North 14°50'06" East, a distance of 171.01 feet to a 3-inch brass disk in concrete found for corner; --North 46°04'12" East, a distance of 303.95 feet to a 5/8-inch iron rod found for corner; --North 60°32'22" East, a distance of 114.22 feet to a 5/8-inch iron rod found for corner; --North 00°58'25" East, a distance of 13.09 feet to a concrete monument found in the south right-of-way line of West University Drive; ÌØÛÒÝÛ leaving thenortheasterly right-of-way line Interstate Highway No. 35 with the south right-of-way line of West University Drive, the following courses and distances to wit: --South 88°56'28" East, a distance of 2440.06 feet to a 5/8-inch iron rod with "KHA" cap set for corner; ÐÑ×ÒÌ ÑÚ ÞÛÙ×ÒÒ×ÒÙ --South 89°01'07" East, a distance of 117.72 feet to the and containing 256.91 acres of land. Bearing system based upon Texas State Plane Coordinate System, using monuments R0610108 AND R0610060. This document was prepared under 22 TAC §663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. Page 4 of 6 Page 5 of 6 Page 6 of 6 Exhibit B LANDSCAPE GUIDELINES RR-2 AND RR-3 MARKETPLACE AREAS Article 1 General Landscape Guidelines Landscape Plan A) Landscaping must be provided in accordance with the attached landscape plan in Appendix D unless otherwise stated in this Exhibit. Open Space Requirements B) The RR-2 and RR-3 areas of the Marketplace shall maintain a minimum average open space of 21% of the overall site. This open space shall include all planted areas (parking lot islands, planted buffer strips, sidewalks within planted areas and paved plaza spaces). It shall not include parking, road, or drive areas, building footprint areas and loading docks. Tree canopy coverage in the Marketplace must average 28%. Parking Field Requirements C) The RR-2 and RR-3 areas of the Marketplace will incorporate the following planting guidelines in all parking areas: Landscape Islands 1) There will be one planted island for every 10 linear parking spaces. This planting island shall occupy one (1) standard parking space. Each island shall contain 1 shade tree (2” min. cal.) from the Approved Plant List (see Appendix A). Alternatively, there will be one planted island for every 20 linear parking spaces. This planting island shall be no less than the same size as 2 standard parking spaces. Each island shall contain 2 shade trees (2” min. cal.) from the Approved Plant List (see Appendix A). Ground cover within the island shall be 100% turf, shrub, planted groundcover, gravel, or mulch or combination thereof (See Diagram 1). End Islands 2) There shall also be an end island for every parking row. This end island shall occupy one (1) standard parking space. Each island shall contain 1 shade tree (2” min. cal.) from the Approved Plant List (see Appendix A). An example of the end islands can be found in Diagram 1. Ground cover within the island shall be 100% turf, shrub, planted groundcover, RAYZOR RANCHLANDSCAPEGUIDELINES gravel, or mulch or combination thereof (Please see Diagram 1). Minor Amendments 3) The Director may approve alternate tree locations utilizing the minor amendment process to avoid conflicts with utilities as defined in the Denton Development Code. Spacing From Public Utilities 4) Water and Wastewater Lines – a)No trees shall be planted closer than nine (9) feet from any public underground water or wastewater utility main unless applicable staff approves a special circumstance. The location of the water or wastewater utility line shall be considered, for distance purposes, to be the surface of the ground above the line. Fire Hydrants b) – No trees shall be planted closer than 5 10 feet from any fire hydrant. Article 2 Buffers and Screening Residential Development Buffer Between RR-2/RR-3 and A) SF-1 The Residential Development Buffer for the RR-3 District shall consist of a wall at least eight feet (8’) tall, constructed of masonry or modular concrete.There shall be at least one (1) ornamental tree every 20 feet on center on the north side of the eight foot (8’) tall wall for the portion of the wall in the RR-3 area adjacent to the residential area labeled on the Rayzor Ranch Concept Plan as SF-1. The Residential Development Buffer between the RR-2 area and the SF-1 area shall consist of the water quality and detention basin landscaped in accordance with the approved ISWM plan. The detention basin will be fenced with a six foot (6’) tall black poly coated chain link fence. Buffer Between the Existing Nonresidential Development B) North of RR-3, Lot 11 The Buffer shall consist of a wall at least eight feet (8’) tall, constructed of masonry or modular concrete. Page 2 RAYZOR RANCHLANDSCAPEGUIDELINES Buffering along Bonnie Brae Street, North of U.S. 380 C) A minimum 10’ wide sidewalk/trail will be located within this buffer to provide a connection between McKenna Park and North Lakes Park. Service and Equipment Screening D) Refuse Container Screen 1) Trash receptacles shall be screened in accordance with Article 1.A.3 of the Rayzor ranch Architectural Guidelines. The construction of refuse screening areas must comply with theMunicipal Solid Waste and Recyclables Storage and Enclosure Requirements adopted by the City of Denton on May 8, 2009. Service Corridor Screen 2) When adjacent to residential uses, commercial and industrial service corridors shall be screened. Siting and design of such service areas shall reduce the adverse effects of noise, odor and visual clutter upon adjacent residential uses. Mechanical Equipment Screen 3) All mechanical equipment shall be screened from any public right-of-way or adjacent to residential use or zoning district. Ground mounted equipment can be screened with evergreen shrubbery or masonry or concrete screen wall. Gates, if incorporated in the design of the screen wall, can be constructed of metal. Screening is subject to approval by the appropriate controlling utility. Outdoor Storage 4) All outside storage shall comply with the provisions of Section 35.12.7 of the Denton Development Code. Article 3 Access, Parking and Circulation Requirements External to the Development A) Vehicular Access 1) Access Management a) The Marketplace shall provide access that complies with Access Management principals of location, spacing and sharing of curb cuts. The Marketplace shall provide adequate stacking distance for all entrances. Page 3 RAYZOR RANCHLANDSCAPEGUIDELINES Connectivity b) Connectivity may be provided from the RR-2 Marketplace to the SF-1 district by a single road with a north/south orientation on the western edge of the RR-2 District. Extension to existing single family zoning to the north may be provided at the time of development of the Rayzor Ranch single family lots. Pedestrian Access 2) All developments shall provide pedestrian access by linking to any adjacent sidewalk(s), multi-use path(s) or public transportation stop. Transit Amenities 3) Transit amenities, bus shelters, and pullouts shall be provided as required under Subchapter 20 Transportation of the City of Denton Development Code. Internal to the Development B) Vehicular Circulation a) Internal circulation shall be well defined by use of end caps and landscaped areas. b) Cross Access: Prior to division of property, circulation and access standards shall be applied and, if necessary, cross easements shall be required so that access to all properties created by the subdivision can be made from shared curb cuts. Article 4 Parking Lot Landscaping and Screening Standards In addition to Article 1 above, all parking lots, which for purposes of this section, include areas of vehicle maneuvering, parking, and loading, shall be landscaped and screened as follows: Landscape Standards A) 1) A minimum of 7% of the total parking area shall be landscaped. 2) A minimum of 15% of the required parking shall be covered by tree canopy. Page 4 RAYZOR RANCHLANDSCAPEGUIDELINES 3) The tree species shall be an appropriate shade tree and shall be selected from the Approved Plant List (see Appendix A) for the Rayzor Ranch Development. 4) Poly-coated chain link fencing is allowed for security and utilitarian purposes, but is not considered a screening fence. Screening at Right of Way: B) Parking is allowed in front of a building if the parcel meets the following design standards. 1) Parking lots shall be separated from the street frontage by a minimum 15 foot wide Right-of-Way Screening Landscape Area to reduce visual impacts. 2) The minimum 15 foot wide Right-of-Way Screening Landscape Area is the area located between the right-of-way and the parking lot. Utility easements are allowed to count towards part of the 15-foot wide Right-of-Way Screening Landscape area subject to required separation from utilities. 3) The number of large trees required will be calculated by providing one (1) large tree for every 45 feet of the Right-of- Way Screening Landscape Area. The required numbers of trees do not have to be planted on 45-foot centers, but can be clustered. 4) A minimum of three small accent trees clustered every 30 linear feet within the Right-of-Way Screening Landscape Area may be substituted for the large tree requirement. 5) At least one or any combination of the following shall be used to help screen the parking lot: a) Xeriscape landscaping may be planted within the Right- of-Way Screening Landscape Area. Xeriscape landscaping shall require water irrigation for a period of three years for landscaping to be established. After 3 years, no irrigation is required; b) A minimum three foot high row of evergreen shrubs planted within the Right-of-Way Screening Landscape Area. The shrubs may be grouped and not planted in a continuous row provided that the shrubs overlap to form a continuous buffer; or Page 5 RAYZOR RANCHLANDSCAPEGUIDELINES c) A minimum three-foot high continuous wall made of any combination of wrought iron, masonry, or stone within the Right-of-Way Screening Landscape Area. If wrought iron is used, vines shall be grown on the wrought iron to help screen the parking lot. Article 5 Tree Maintenance and Tree Mitigation A) Each replacement tree shall have a minimum caliper of two (2) inches, measured six (6) inches above grade and must be at least five (5) feet tall when planted. B) All replacement trees must be Large Canopy Trees and be included on the Approved Plant List found in Appendix A. C) A performance bond is required prior to the issuance of a building permit for each phase of Rayzor Ranch. The purpose of the performance bond is to ensure that the landscape and trees are planted and well maintained. Upon completion of the three (3) year establishment period for all plantings within the Rayzor Ranch project, the City shall inspect the trees to determine if 90% of the trees are healthy and have a reasonable chance of surviving to maturity. Upon such a finding, the City shall release the performance bond. If the applicant does not take remedial steps to bring the property into compliance, the City shall make demand for payment of the bond. The City may use all legal remedies to enforce this requirement, in addition making demand on the bond. D) The developer shall pay $215,500.00 into the Rayzor Ranch Tree Mitigation Escrow Fund prior to the issuance of the first clearing and grading permit for the Rayzor Ranch development. Any accumulated interest shall be available for additional tree planting and maintenance of public trees in the Rayzor Ranch development, or as otherwise specified herein or in other agreements with the City. The Developer shall bear all administrative costs for the Rayzor Ranch Tree Mitigation Escrow Fund. The City must be a third party beneficiary to the Rayzor Ranch Tree Mitigation Escrow Fund, to be held in trust by the City or a designated third party agent. Funds paid into the Rayzor Ranch Tree Mitigation Escrow Fund shall be used to purchase plant and maintain trees in Rayzor Ranch. At the completion of the Rayzor Ranch project, any remaining funds may be used to plant trees on public property within five (5) miles of Rayzor Ranch. Page 6 RAYZOR RANCHLANDSCAPEGUIDELINES E) Tree mitigation will also be subject to the criteria established in Section 35.7.15.7 of the Rayzor Ranch Overlay District. Article 6 Interim Landscape Areas A) The landscaping required along the frontage of Bonnie Brae will not be required to be installed until six (6) months after the installation of the 42-inch water line by the City of Denton is constructed and accepted. B) Landscaping for the water quality / detention basin must be completed within six (6) months of the issuance of the first certificate of occupancy for the Junior Anchor retail building located in the RR-2 Marketplace. C) The U.S. 380 (University Drive) right-of-way landscape screening will follow the following sequencing: 1) There will be no landscaping required for 180 days after the U.S. 380 construction is complete. If final construction has not begun on the permanent landscaping shown on the Master Landscaping Plan after the 180-day time limit expires, then temporary grass and irrigation will be installed. 2) Final right-of-way screening must be installed within six (6) months after the final certificate of occupancy is issued for 80% of the lots fronting U.S. 380 or within two years of the effective date of this Exhibit, whichever is less. This is to ensure that landscaping is uniform at the time of installation. Article 7 Amendments to the Landscape Plan A) The Director may authorize minor changes in the landscape plan that otherwise comply with the Overlay District ordinance and do not: 1) Reduce the perimeter landscape buffer strip shown on the original landscape plan; 2) Detrimentally affect the original landscape plan’s aesthetic function relative to adjacent right-of-way or surrounding property; or 3) Detrimentally affect the original landscape plan’s screening or buffering function. Page 7 RAYZOR RANCHLANDSCAPEGUIDELINES B) For purposes of this subsection, “original landscape plan” means the earliest approved landscape plan that is still in effect, and does not mean a later amended landscape plan. For example, if a landscape plan was approved with the Overlay District and then amended through the minor amendment process, the original landscape plan would be the landscape plan approved with the Overlay District, not the landscape plan as amended through the minor amendment process. If, however, the landscape plan approved with the Overlay District was replaced through the zoning amendment process, then the replacement landscape plan becomes the original landscape plan. The purpose of this definition is to prevent the use of several sequential minor amendments to circumvent the zoning amendment process. Page 8 RAYZOR RANCHLANDSCAPEGUIDELINES ß°°»²¼·¨ ß ß°°®±ª»¼ д¿² Ô·¬ Canopy Trees Mature Canopy 314-1256 sq. ft. - Site Design Criteria Manual Common Name Scientific Name Soapberry Sapindus drummandii Black Locust Robina pseudoacacia Eastern Red Cedar Juniperus virginiana Cedar Elm Ulmus crassifolia Texas Mesquie Prosopis glandulosa Chinquanpin Oak Quercus muhlenbergii Post Oak Quercus stellata Live Oak Quercus virginiana "Highrise" Shummard Red Oak Quercus shumardii Texas Red Oak Quercus texana Chinese Pistache Pistacia chinensis Ginko Ginko bilboa Texas Ash Fraxinus texensis Bur Oak Quercus macrocarpa Bigtooth Maple Acer grandidentatum Foster Holly Ilex x attenuata "Fosteri" Caddo Maple Acer saccharum "Caddo" Southern Magnolia Magnolia grandiflora River Birch Betula nigra Ornamental Trees Matue Canopy 79-314 sq. ft. - Site Criteria Manual Common Name Scientific Name American Smoketree Conius obovalus Crape Myrtle Lagerstromia indica Desert Willow Chilopsis linearis "Warren Jones" Downy Hawthorne Crataegus mollis Mexican Plum Prunus mexicana Mexican Redbud Cercis canadensis var mexicana Prairie Flameleaf Sumac Rhus lanceoiata Reverchon Hawthorn Crataegus reverchronis Rusty Blackhaw Viburnum rufidulum Texas Persimmon Diospryros texana Texas Sophora Sophora affinis Vitex Vitex agnus-castus - "LeCompte" Wax Myrtle Myrica cerifera Yaupon Holly Ilex vomitoria Page 9 RAYZOR RANCHLANDSCAPEGUIDELINES Shrubs Common Name Scientific Name AgaritaMahonia (Berberis) trifolita Sesert Spoon Dasyliron spp. Dwarf Buford Holly Ilex cornuta "Dwarf Buford" Dwarf Wax Myrtle Myrica pusilia Dwarf Yaupon Holly Ilex vomitona "Nana" Ebbing's Silverberry Eleagnus ebbengei Foster Holly Ilex x attenuaa Fragrant Sumac Rhus aromactica Glossy Abelia Abelia x grandoflora Hardy Plumbago Ceratostimgma plumbaginoides Indian Hawthorn Rhaphiolepios indica Knockout Rose Roa "Knockout" Red Yucca Hesperaloe parviflora Rosemary Rosmarius officinalis Sacahuista Nolina texana St. John's Wort Hypecum perforatum St. John's Wort Hypericum beanii Texas Sage Leucophyllum frutescens Malvaviscus arboreus var. Turk's Cap drummondoni Waxleaf Ligustrum Ligustrum japonica "Texana" Western White Honeysuckle Lonicera albiflora Yucca Yucca app. Grasses / Ground Cover / Vines Common Name Scientific Name Asian Jasmine Trachelosperum asiaticum Aster Aster spp. Bermuda Grass Cynodon dactylon Blackfoot Daisy Melampodium leucanthium Bracken Fern Pteridum aquilnum Buffalo Grass Bucchloe dactyiodes Butterfly Weed Asclepias tuberosa Cactus Opuntia spp. Coneflower Rudbeckia fulgida Cross Vine Bignonia capreoiata Daylilly Hermerocallis "Hyperion" Desert Sage Salvia gregii Englemann Daisy Englemannia pinnatifida Evening Primrose Oenothera speciosa Giant Liriope Lirope gigantea Gray Rush Juncus effusus Page 10 RAYZOR RANCHLANDSCAPEGUIDELINES Hameln Grass Pennisetum alopecuroides "Hemeln" Inland Sea Oats Chasmanithuim latifolium Kentucky Wisteria Wisteria macrostachya Lady Banks Rose Rosa banksiae Little Bluestem Grass Schizachyrium latifolium Little Bunny Fountain Pennistemum alopecuroides "Little GrassBunny" Lirope Lirope muscari Maiden Grass Miscanthus sinensis "Gracillimus" Mexican Feather Grass Nasella(Stipa) tenuissima Muhly Grass Muhienbergia spp. Orange Wedelia Wedelia hispida Prairie Zinnia Zinnia grandiflora Purple Cornflower Echinacea pupurea Purple Wintercreeper Euonymous fortunei Russian Sage Perovskia atriplicfloia Sideoats Grama Bouteova curtipendula Texas Green Eyes Berlandiera texana Texas Sage Leucophyllum frutescens Trumpet Honeysuckle Vine Lonicera sempervirens Trumpet Vine Camsis radicans Turfallo grass Bouteloua dactyloides Virginia Creeper Parthenocissus quinquefolia White Sagebrush Artemesia ludoviciana Yellow Elder Tacoma stans Page 11 RAYZOR RANCHLANDSCAPEGUIDELINES ß°°»²¼·¨ Þ Ì®»» Ó·¬·¹¿¬·±² ݸ¿®¬ Page 12 RAYZOR RANCHLANDSCAPEGUIDELINES ß°°»²¼·¨ Ý Ô¿²¼½¿°» ݸ¿®¬ Page 13 RAYZOR RANCHLANDSCAPEGUIDELINES ß°°»²¼·¨ Ü Ô¿²¼½¿°» д¿² Page 14 RAYZOR RANCHLANDSCAPEGUIDELINES Page 15 RAYZOR RANCHLANDSCAPEGUIDELINES Page 16 RAYZOR RANCHLANDSCAPEGUIDELINES Page 17 RAYZOR RANCHLANDSCAPEGUIDELINES Page 18 RAYZOR RANCHLANDSCAPEGUIDELINES Page 19 RAYZOR RANCHLANDSCAPEGUIDELINES Page 20 RAYZOR RANCHLANDSCAPEGUIDELINES Ü·¿¹®¿³ ï п®µ·²¹ Ô±¬ Ô¿²¼½¿°» ×´¿²¼ Page 21 Exhibit C ARCHITECTURAL GUIDELINES Article 1 RR-2 Nonresidential Buildings (RR2) Nonresidential buildings in the RR-2 Subareas as shown on the Rayzor Ranch Concept Plan shall comply with the following standards. Orientation A) 1) Building frontages greater than 100 feet in length shall have vertical and horizontal façade articulation and other distinctive changes in the building façade, such as, but not limited to, materials, color or texture, below the sign band. 2) Buildings shall incorporate some combination of arcades, roofs, alcoves, porticoes, canopies or awnings as a design element of the façade. 3) Loading docks, trash receptacles, storage areas and mechanical equipment shall be screened from public streets by evergreen shrubbery, trees, masonry, or concrete screenwall. If screening a loading dock with shrubbery, the shrubbery must be a minimum of five (5) feet tall at time of planting and must comply with the planting standards set forth in the Rayzor Ranch Landscaping Guidelines. An example of this screening can be found in Appendix 7. If screening trash receptacles, storage areas and mechanical equipment, the shrubbery must be a minimum of one (1) foot taller than the facility or item they are to screen at time of planting and must comply with the planting standards set forth in the Rayzor Ranch Landscaping Guidelines. 4) Buildings shall have a design element that emulates at least one of the Rayzor Ranch Architectural features which are in the Ranching Heritage Architectural style. The features include the use of at least one of the following: RAYZOR RANCH ARCHITECTURAL GUIDELINES a) Native Texas quarried natural stone or limestone. b) Sloped metal roofing to match color palate. c) Freestanding stone element, such as fireplace, obelisk, or other design feature. d) The use of shading elements, such as a canopy, portico, trellis, or awning. 5) On single tenant retail buildings greater than 20,000 sq. ft. (Junior Anchors) with facades that are facing U.S. 380 and Bonnie Brae, in addition to the requirements set forth in Sections 1-4 above, the building shall also include the following design elements: a) Color change, texture change, and material changes within the wall at intervals not to exceed 100 feet. b) At least one change in wall plane not less than 12 inches in depth and extending a minimum of 10 feet. See Appendix 6 for an example. c) At least one variation in the top of wall, a minimum of two feet (2’) in height and be a minimum of two feet (2’) wide. See Appendix 6 for an example. d) Overhanging eaves or horizontal elements, sloped roof elements, or cornice expressions or coping detail of a minimum of 12 inches tall and six inches (6”) deep. See Appendix 6 for an example. e) Each building shall have a clearly defined, visible customer entrance on one side. Stone is required to be used as a portion of the wall material at each customer entrance. Page 2 RAYZOR RANCH ARCHITECTURAL GUIDELINES Building Materials B) 1) Window glass may not be flush with exterior wall treatment, or if flush, shall have a surround of wood or metal frame, or wall trim material. 2) All sides of buildings visible from the streets, or internal customer areas of the site, shall be constructed of masonry, natural stone, decorative block, concrete, stucco or other high quality material customarily used for the building style (such as natural metals or EFIS). Gables, windows, doors and related trim are not included in this requirement. Wood and HDO board may be used. Acceptable material and color palette includes: (reference Appendix 1-4): a) Native Texas quarried natural stone or limestone of varying colors, sizes and textures; b) Concrete – Architectural finish. Texture coated or textured and colored. c) Masonry d) Porcelain Tile e) Glass f) Galvanized metal panels or prefinished architectural metal panels of a gray tone, neutral or earthtone color; g) Painted siding of a warm, neutral/earthtone or gray tone color; h) EIFS or stucco of a warm, neutral/earthtone or gray tone color; i) Accent colors of a warm, neutral/earthtone range are encouraged but should be used in a limited manner; j) Natural metals such as but not limited to zinc and copper; k) Roofing tile, metal roofing shingles and panels, or slate in galvanized or natural/earthtone color. l) Natural wood, stained or painted. Page 3 RAYZOR RANCH ARCHITECTURAL GUIDELINES 3) Glass. Use of glass for displays and to allow visual access to interior space is permitted. Buildings may not incorporate glass for more than 70% of the building skin. 4) Each building must incorporate some natural stone on walls visible to customers. 5) Metal Roofs. Metal roofs visible from grade are permitted provided that they standing metal seam, batten seam or metal shingles. Page 4 RAYZOR RANCH ARCHITECTURAL GUIDELINES Article 2 RR-3 Area Development Regulations (RR3) Building design shall contribute to the uniqueness of the development with predominant materials, elements, features, color range and activity areas tailored specifically to the site and its context. In the case of a multiple building development, each individual building shall include predominant characteristics shared by all buildings in the development so that the development forms a cohesive place within the zone district or community. A standardized prototype design shall be modified as necessary to comply with the requirements of this subsection. Developments involving a gross floor area in excess of 40,000 square feet of a single user and located in a RR-3 district shall comply with the following standards: Orientation A) 1) Architectural features on building facades that are visible from I-35N and West University Drive (excluding facades facing residential property that are screened by an eight-foot fence or wall and facades facing the side or rear of property zoned and used for commercial purposes or industrial purposes) shall provide the following design features: (Refer to photographs in Appendix 6) a) Facade walls shall not have an uninterrupted length in excess of one hundred feet (100’). Facades to provide the following at intervals no greater than one hundred feet (100’) excluding elements provided in Item d (Entryways) below: i) Color change, texture change, and material changes within the walls; ii) A change in wall plane no less than twelve inches (12”) in depth extending a length of a minimum of twenty feet (20’) and; Page 5 RAYZOR RANCH ARCHITECTURAL GUIDELINES iii) Variations in the top of the wall of a minimum of two feet in the height. b) Top of walls shall also have overhanging eaves or horizontal elements, extending no less than three (3) feet past the supporting walls, or sloped roof elements, or cornice expressions or coping detail or minimum twelve inches (12”) tall. c) Facades shall also provide at least one of the following: i) Wall plane projections or recesses having a depth of at least 3% of the length of the façade and extending at least 20% of the length of the façade, not to exceed one hundred feet (100’). ii) Pilasters projecting from the plane of the wall by a minimum of sixteen inches (16”). The use of pilasters to interrupt horizontal patterns such as accent banding is encouraged. iii) Canopies, awnings, or porticos projecting a minimum of six feet (6’) from the plane of the primary façade walls. iv) Repetitive ornamentation including decorative applied features such as wall-mounted light fixtures or applied materials. Repetitive ornamentation shall be located with a maximum spacing of fifty feet (50’). v) Faux window/framed elements. d) Each large retail establishment on a site shall have clearly defined, highly visible customer entrances. Stone is required to be used as a major portion of the wall material at each customer entrance. Page 6 RAYZOR RANCH ARCHITECTURAL GUIDELINES e) The building shall have a design element that emulates the Rayzor Ranch signature feature. This includes building materials and architecturally compatible light fixtures. This element should occur at an entryway. 2) Architectural Features on building facades facing residential property that are screened by an eight-foot tall fence or wall and facades facing the side or rear of property zoned and used for commercial purposes or industrial purposes should have the following elements: (Refer to photographs in Appendix 5) a) A pattern that includes all of the following elements at intervals of no more than one hundred (100’) feet, horizontally. The following pattern is also to occur vertically at least once within the height of the building, above ten feet (10’) height: Color change, texture change, and a change in plane, no less than two-feet eight inches (2’-8”) in width, such as an offset, reveal or projecting pilaster with a stepped capital or coping. b) Variation in the top of the wall of a minimum two feet (2’) change in height at maximum of two hundred feet (200’) intervals. Peaks, arches, or other expressions of the front wall form are encouraged and should be used. c) Top of the wall to have a cornice or coping detail a minimum of twelve inches (12”) tall. 3) Sidewalk display and cart storage. Areas for customer loading or merchandise display and cart storage shall be clearly delineated and shall not be located in front of any customer entrances, exit door(s), or within fifteen feet (15’) on either side of the door(s). Page 7 RAYZOR RANCH ARCHITECTURAL GUIDELINES 4) Permanent outdoor display, sales and storage. Merchandise may be stored or displayed for sale to customers on the front or side of the buildings in accordance with this paragraph. i) The total square footage of all permanent outdoor storage, display, and sales areas shall be limited to 10% of the footprint of the building, but in no event shall exceed 20,000 square feet, except for home improvement use, which may not exceed 45,000 square feet of outdoor storage and the 10% footprint restriction does not apply. ii) Permanent outdoor storage, display and sales shall be contiguous to the building and shall not be permitted within seventy-five feet (75’) of residential property. iii) The permanent storage, display and sales area shall be enclosed by a minimum eight-foot (8’) wall of columns minimum two feet (2’) wide, of like appearance to the building with wrought iron or decorative tubular fencing between, and topped by wrought iron or tubular steel fencing. No merchandise other than trees shall be visible above the wall or fence. (See Appendix 5) iv) Seasonal outdoor display will be allowed. Size will be limited to 11,000 square feet maximum. Dates for outdoor display will be year round. Merchandise may not exceed ten feet (10’) in height except for trees. 5) Rear Storage. Bulk merchandise may be stored behind the building. The sides and back of the storage area shall be screened with a chain link fence covered with windscreen, except for any side or back that is separated from any residential property by an eight-foot masonry wall and landscaped buffer yard, in which case additional screening is not required. Windscreen shall be maintained in good repair and free of tears. The rear storage area shall not be Page 8 RAYZOR RANCH ARCHITECTURAL GUIDELINES accessible to customers. Merchandise shall be stacked no higher than twenty-five feet (25’) or level with the top of the adjacent sidewall of the building, whichever is lower, and may not be stacked above the height of the chain link fence. 6) Pickup and Delivery. Outdoor storage, pickup, delivery, loading and unloading of merchandise, equipment or other items may not occur within one hundred feet (100’) of residential property. Loading docks must be located to the side or rear of the building unless the loading area is completely screened from the street, and loading docks shall be located more than one hundred feet (100’) from residential property except for area by Greenway Drive which shall be seventy five feet (75’). Pavement may be located within one hundred feet (100’) of residential property. 7) Trash Collection and Compaction. Trash collection and compaction may not occur within one hundred feet (100’) feet of a residential or within 75 feet of Greenway Drive, and shall be screened from public view. 8) Mechanical equipment. No mechanical equipment may be located within one hundred feet (100’) of a residential lot. Mechanical equipment shall be screened from public view on site. Building Materials B) 1) Fronts and street sides of buildings, excluding windows, visible from public right-of-way shall be non-reflective and shall be of wood, masonry, stone, concrete, decorative block, stucco, HDO board or other high quality material customarily used. For purposes of this subsection non- reflective means materials with exterior visible reflectance percentages less than 27 percent. Page 9 RAYZOR RANCH ARCHITECTURAL GUIDELINES Acceptable material and color palette (reference Appendix 1-4): a) Native Texas quarried natural stone or limestone of varying colors, sizes and textures; b) Concrete – Architectural finish. Texture coated or textured and colored. c) Masonry - brick or decorative CMU. d) Porcelain Tile e) Galvanized metal panels or prefinished architectural metal panels of a gray tone, neutral or earthtone color; f) Painted siding of a warm, neutral/earthtone color in accent areas only; g) EIFS or stucco of a warm, neutral/earthtone color; h) Accent colors of a warm, neutral/earthtone range are required but should be used in a limited manner; i) Natural metals such as but not limited to zinc and copper; j) Roofing tile, metal shingles and panels, or slate in galvanized or natural/earthtone color. k) Natural wood, stained or painted. 2) The use of ground mounted lighting or pedestrian level accent lighting is encouraged. Page 10 RAYZOR RANCH ARCHITECTURAL GUIDELINES Article 3 Office (O) Nonresidential buildings in the O District as shown on the Rayzor Ranch Concept Plan shall comply with the following standards. However, the Cook’s Children’s Hospital can incorporate architectural elements in their design that include items detailed in Appendix 8. Orientation A) 1) Building frontages greater than 100 feet in length shall have vertical and horizontal façade articulation and other distinctive changes in the building façade, such as, but not limited to, materials, color or texture, below the sign band. 2) Buildings shall incorporate some combination of arcades, roofs, alcoves, porticoes, canopies or awnings as a design element of the façade. 3) Loading docks, trash receptacles, storage areas and mechanical equipment shall be screened from public streets by evergreen shrubbery, trees, masonry, or concrete screenwall. If screening a loading dock with shrubbery, the shrubbery must be a minimum of five (5) feet tall at time of planting and must comply with the planting standards set forth in the Rayzor Ranch Landscaping Guidelines. An example of this screening can be found in Appendix 7. If screening trash receptacles, storage areas and mechanical equipment, the shrubbery must be a minimum of one (1) foot taller than the facility or item they are to screen at time of planting and must comply with the planting standards set forth in the Rayzor Ranch Landscaping Guidelines. 4) Buildings shall have a design element that emulates at least one of the Rayzor Ranch Architectural features which are in the Ranching Heritage Architectural style. The features include the use at least one of the following: i) Native Texas quarried natural stone or limestone. Page 11 RAYZOR RANCH ARCHITECTURAL GUIDELINES ii) Sloped metal roofing to match color palate. iii) Freestanding stone element, such as fireplace, obelisk, or other design feature. iv) The use of shading elements, such as a canopy, portico, trellis, or awning. 5) On buildings greater than 20,000 sq. ft. with facades that are facing U.S. 380 and Bonnie Brae, in addition to the requirements set forth in Sections 1-4 above, the building shall also include the following design elements: i) Color change, or texture change, or material changes within the wall at intervals not to exceed 100 feet. ii) At least one change in wall plane not less than 12 inches in depth and extending a minimum of 10 feet. See Appendix 6 for an example. iii) At least one variation in the top of wall, a minimum of two feet (2’) in height and be a minimum of two feet (2’) wide. See Appendix 6 for an example. iv) Overhanging eaves or horizontal elements, sloped roof elements, or cornice expressions or coping detail of a minimum of 12 inches tall and six inches (6”) deep. See Appendix 6 for an example. v) Each building shall have a clearly defined, visible customer entrance on one side. Stone is required to be used as a portion of the wall material at each customer entrance. Page 12 RAYZOR RANCH ARCHITECTURAL GUIDELINES Building Materials B) 1) Window glass may not be flush with exterior wall treatment, or if flush, shall have a surround of wood or metal frame, or wall trim material. 2) All sides of buildings visible from the streets, or internal customer areas of the site, shall be constructed of masonry, natural stone, decorative block, concrete, stucco or other high quality material customarily used for the building style (such as natural metals or EFIS). Gables, windows, doors and related trim are not included in this requirement. Wood and HDO board may be used. Acceptable material and color palette includes: (reference Appendix 1-4): a) Native Texas quarried natural stone or limestone of varying colors, sizes and textures; b) Concrete – Architectural finish. Texture coated or textured and colored. c) Masonry d) Porcelain Tile e) Glass f) Galvanized metal panels or prefinished architectural metal panels of a gray tone, neutral or earthtone color; g) Painted siding of a warm, neutral/earthtone or gray tone color; h) EIFS or stucco of a warm, neutral/earthtone or gray tone color; i) Accent colors of a warm, neutral/earthtone range are encouraged but should be used in a limited manner; j) Natural metals such as but not limited to zinc and copper; k) Roofing tile, metal roofing shingles and panels, or slate in galvanized or natural/earthtone color. l) Natural wood, stained or painted. Page 13 RAYZOR RANCH ARCHITECTURAL GUIDELINES 3) Glass. Use of glass for displays and to allow visual access to interior space is permitted. Large expanses of unbroken glass surfaces are discouraged. 4) Each building must incorporate some natural stone on walls visible to customers. 5) Metal Roofs. Metal roofs visible from grade are permitted provided that they standing metal seam, batten seam or metal shingles. Article 4 Streetscape/Public Spaces A) One square foot of Plaza or Public Space shall be required for every 10 square feet of gross ground floor area. Plaza or Public Space may be located anywhere within Rayzor Ranch. B) Plazas or public spaces shall incorporate at least 3 of the 5 following elements, which may be located anywhere within Rayzor Ranch: 1) Sitting space – at least one sitting space for each 250 square feet shall be included in the Plaza. Seating shall be a minimum of sixteen inches (16”) in height and thirty inches (30”) in width. Ledge benches shall have a minimum depth of thirty inches (30”). 2) A mixture of areas that provide shade. 3) Trees in proportion to the space at a minimum of 1 tree per 800 square feet. 4) Water features or public art. 5) Outdoor eating areas or food vendors. Page 14 RAYZOR RANCH ARCHITECTURAL GUIDELINES 6) Planting areas in the sidewalk are encouraged. Pots or above grade planters are allowed, minimum of 15 gallons. (Refer to photographs in Appendix 5) C) Developments involving a gross floor area in excess of 40,000 square feet of a single user shall have a minimum of 100 sq. ft. seating area including permanent benches along the front sidewalk area. A minimum of one bike rack shall also be included along the storefront. Bench and bike rack should be of an architecturally consistent design. Article 5 Mechanical Roof Equipment Screening All mechanical roof equipment shall be fully screened from view from public on the site or public pedestrian spaces. Acceptable method for roof equipment is parapet height extension or screening by slopped roof forms. Color or finish per acceptable material palette (reference Appendix 1-4). Article 6 Accessory Use All accessory uses shall be architecturally compatible with the main structure. Article 7 Drive-Through Requirements A) Drive-through uses shall provide sufficient stacking area to ensure that public rights-of-way are not obstructed. B) Drive-through uses must be built as an integral architectural element of the primary structure and use and shall include at least one (1) of the Rayzor Ranch architectural features defined in the Rayzor Ranch Architectural Standards. The materials are to be the same as those used in the primary structure. Drive- through structures and facilities separate from a primary structure must be architecturally compatible with the primary structure. C) Drive-through uses must be located to the rear or side of the structure, and buffered on the rear and side lot lines as required Page 15 RAYZOR RANCH ARCHITECTURAL GUIDELINES in section 35.13.10. A portion of the buffer between sites can be provided on adjacent lots. Article 8 Light and Glare Performance Requirements All lighting within the Rayzor Ranch development shall meet the following standards: A) Light may not measure more than one-half (.5) foot candle of illumination at the property line, where non-Rayzor Ranch residential adjacency exists. B) Light standards taller than 20 feet shall be shielded or have a downward orientation to prevent the upward diffusion of light. Light standards less than 20 feet in height do not have to be shielded or have a downward orientation. C) Areas designated for pedestrian use shall provide a minimum of one-half foot candle of illumination. Page 16 RAYZOR RANCH ARCHITECTURAL GUIDELINES ßÐÐÛÒÜ×È ï Û¨¿³°´» Ó¿¬»®·¿´ ß°°´·½¿¬·±² Page 17 RAYZOR RANCH ARCHITECTURAL GUIDELINES = The below listed materials represent the Architectural color palette for Rayzor Ranch. The intent is not to limit the manufacturers; therefore they are subject to change. Colors will remain within the specified color palette. = Benjamin Moore 1100 Benjamin Moore 1067 Benjamin Moore HC-172 Benjamin Moore HC-169 Benjamin Moore OC-5 Benjamin Moore HC-105 Benjamin Moore AC-28 ICI A1825 ICI A1838 ICI A1866 Sherwin Williams SW6136 Pittsburgh Paints 510-2 = Benjamin Moore 1603 Benjamin Moore AC-27 ICI A2013 ICI A2007 ICI A2015 ICI A2014 Tnemec 03MT Tnemec 03MT Page 18 RAYZOR RANCH ARCHITECTURAL GUIDELINES = Benjamin Moore 1267 Benjamin Moore 1239 Benjamin Moore 1225 Benjamin Moore HC-100 Benjamin Moore 1040 Benjamin Moore HC-68 Benjamin Moore HC-71 ICI A1827 Sherwin Williams SW6062 Sherwin Williams SW6335 Sherwin Williams SW6041 Sherwin Williams SW6158 Sherwin Williams SW0009 Sherwin Williams SW6117 Sherwin Williams SW2831 Pittsburgh Paints 417-5 Pittsburgh Paints 325-6 Pittsburgh Paints 315-5 Page 19 RAYZOR RANCH ARCHITECTURAL GUIDELINES ßÐÐÛÒÜ×È î Û¨¿³°´» Ý¿²±°§ ¿²¼ ͸¿¼·²¹ ß°°´·½¿¬·±² Page 20 RAYZOR RANCH ARCHITECTURAL GUIDELINES ßÐÐÛÒÜ×È í Û¨¿³°´» ß³»²·¬·» Page 21 RAYZOR RANCH ARCHITECTURAL GUIDELINES ßÐÐÛÒÜ×È ì Û¨¿³°´» ß®½¸·¬»½¬«®¿´ ׳¿¹»®§æ Page 22 RAYZOR RANCH ARCHITECTURAL GUIDELINES ßÐÐÛÒÜ×È ë Ô¿®¹» ͽ¿´» Ü»ª»´±°³»²¬ Û¨¿³°´»æ Page 23 RAYZOR RANCH ARCHITECTURAL GUIDELINES ßÐÐÛÒÜ×È ë Ô¿®¹» ͽ¿´» Ü»ª»´±°³»²¬ Û¨¿³°´» ø½±²¬·²«»¼÷æ Page 24 RAYZOR RANCH ARCHITECTURAL GUIDELINES ßÐÐÛÒÜ×È ë Ô¿®¹» ͽ¿´» Ü»ª»´±°³»²¬ Û¨¿³°´» ø½±²¬·²«»¼÷æ Page 25 RAYZOR RANCH ARCHITECTURAL GUIDELINES ßÐÐÛÒÜ×È ë Ô¿®¹» ͽ¿´» Ü»ª»´±°³»²¬ Û¨¿³°´» ø½±²¬·²«»¼÷æ Page 26 RAYZOR RANCH ARCHITECTURAL GUIDELINES ßÐÐÛÒÜ×È ë Ô¿®¹» ͽ¿´» Ü»ª»´±°³»²¬ Û¨¿³°´» ø½±²¬·²«»¼÷æ Page 27 RAYZOR RANCH ARCHITECTURAL GUIDELINES ßÐÐÛÒÜ×È ë Ô¿®¹» ͽ¿´» Ü»ª»´±°³»²¬ Û¨¿³°´» ø½±²¬·²«»¼÷æ Page 28 RAYZOR RANCH ARCHITECTURAL GUIDELINES ßÐÐÛÒÜ×È ë Ô¿®¹» ͽ¿´» Ü»ª»´±°³»²¬ Û¨¿³°´» ø½±²¬·²«»¼÷æ Page 29 RAYZOR RANCH ARCHITECTURAL GUIDELINES ßÐÐÛÒÜ×È ê Ö«²·±® ß²½¸±® Ú®±²¬ Ú¿9¿¼» Û¨¿³°´» Page 30 RAYZOR RANCH ARCHITECTURAL GUIDELINES ßÐÐÛÒÜ×È é Ô±¿¼·²¹ ܱ½µ ͽ®»»²·²¹ Û¨¿³°´» Page 31 RAYZOR RANCH ARCHITECTURAL GUIDELINES ßÐÐÛÒÜ×È è ݱ±µ ݸ·´¼®»² ر°·¬¿´ ß®½¸·¬»½¬«®¿´ Û´»³»²¬ Page 32 RAYZOR RANCH ARCHITECTURAL GUIDELINES ßÐÐÛÒÜ×È è ݱ±µ ݸ·´¼®»² ر°·¬¿´ ß®½¸·¬»½¬«®¿´ Û´»³»²¬ Page 33 RAYZOR RANCH ARCHITECTURAL GUIDELINES ßÐÐÛÒÜ×È è ݱ±µ ݸ·´¼®»² ر°·¬¿´ ß®½¸·¬»½¬«®¿´ Û´»³»²¬ Page 34 RAYZOR RANCH ARCHITECTURAL GUIDELINES ßÐÐÛÒÜ×È è ݱ±µ ݸ·´¼®»² ر°·¬¿´ ß®½¸·¬»½¬«®¿´ Û´»³»²¬ Page 35 RAYZOR RANCH ARCHITECTURAL GUIDELINES ßÐÐÛÒÜ×È è ݱ±µ ݸ·´¼®»² ر°·¬¿´ ß®½¸·¬»½¬«®¿´ Û´»³»²¬ Page 36 RAYZOR RANCH ARCHITECTURAL GUIDELINES ßÐÐÛÒÜ×È ç Û´»ª¿¬·±² º±® ÎÎóï Page 37 RAYZOR RANCH ARCHITECTURAL GUIDELINES Page 38 Exhibit D RAYZOR RANCH MARKETPLACE SIGN DISTRICT Article 1 Definitions The definitions set forth in Subchapter 15 of the Denton Development Code govern in the Rayzor Ranch Special Sign District, except as modified below: Awning sign. A. A sign with its copy on a shelter made of any material, such as fabric, flexible plastic or metal, that is supported by or stretched over a frame and attached to an exterior wall of a building or other structure. Banner. B. A sign attached to or applied on a strip of cloth, vinyl, or similar material and attached to a pole. Blade. C. A sign attached to a wall which perpendicularly projects out by more than four inches (4”) which is mounted with at least eighty inches (80”) clearance from the bottom of the sign to grade (sidewalk or ground). Canopy sign. D. A sign that is mounted, painted, or otherwise applied on or attached to a canopy or structural protective cover over an outdoor area. Changeable Message Sign. E.A sign displaying static images that may display different designs, messages, or advertisements and that may include LED/LCD elements; slide lettering, or other changeable message technology. The message or image cannot flash or change more often than once every 30 seconds. RAYZOR RANCH SIGN DISTRICT Effective Area. F. Effective area means the area enclosed by the smallest imaginary regular shape (e.g., parallelogram, triangle, circle, trapezoid), or combination of regular shapes that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the display or used to differentiate the sign from the backdrop or structure against which it is placed. Effective area does not include such features as decorative or ornamental elements or features, borders, trims or any supporting structure which is used solely for support of the sign, such as poles, columns and cable or decorative fence, screening device or wall. An example of Effective area can be found as Appendix 6. Exterior Building Wall. G. A wall that fronts on a street, drive, parking lot or public area. Illuminated sign. H. Any sign that is directly lighted by any electrical light source, internal or external. This definition does not include signs that are illuminated by street lights or other light sources owned by any public agency or light sources that are specifically operated for the purpose of lighting the area in which the sign is located rather than the sign itself. Project Announcement Signs. I. A temporary sign that is used to announce upcoming events such as “Grand Opening” or “Coming Soon” or upcoming tenant. Project Banner. J. A sign attached to or applied on a strip of cloth, vinyl, or similar material and attached to a pole or light standard. An example of a Project Banner sign is included as Exhibit 3. Project Banners may have an area up to 15 square feet. A permit is not required to install a Project Banner sign. Pylon Sign. K. A tall ground sign (20 feet or more in height) identifying a district or marking an entrance, which can incorporate multiple tenant listings. Page 2 RAYZOR RANCH SIGN DISTRICT Sandwich Board L.. Two large boards bearing a sign display on each side, hinged at the top with one board in front and the other behind creating an “A” frame, used for advertising. Secondary Sign. M. A sign that does not identify the tenant, but references goods sold or services performed in the facility. Please see an example of the secondary signage in Appendix 4. Article 2 Administrations and Enforcement All signs shall be erected, displayed, altered and reconstructed in conformance with the Rayzor Ranch Sign District and applicable City regulations. Article 3 RR-2 and RR-3 Districts The following regulations shall apply to the RR-2 and RR-3 Subareas of Rayzor Ranch north of U.S. 380 as shown on the Concept Plan for Rayzor Ranch. No permits for signs shall be issued for the areas south of U.S. 380 in Rayzor Ranch until standards are reviewed and approved by City Council at a later date. Type. A. Pylon, gateway, monument, wall, attached, changeable message, sandwich board (“A” frame signs), blade, banner and temporary signs are permitted in nonresidential districts as follows: Pylon signs. 1. (Reference Appendix 1 for sign location, Appendix 2 for sign details and dimensions and Appendix 6 showing how to measure sign area) a. One (1) pylon sign is allowed on the road frontage of IH35N located north of Highway 380 in the Rayzor Ranch Market Place with a maximum allowable height of sixty feet (60’) and an allowable sign area of nine hundred (900) square feet per sign side and maximum effective sign area of seven hundred (700) square feet per sign side. Page 3 RAYZOR RANCH SIGN DISTRICT b. Two (2) pylon signs are allowed on the Rayzor Ranch Market Place side of Highway 380 with a maximum allowable height of forty feet (40’) and an allowable sign area of eight hundred (800) square feet per sign side and a maximum effective sign area of seven hundred (700) square feet per sign side. c. One (1) pylon sign is allowed on the Rayzor Ranch Market Place side of Bonnie Brae with a maximum allowable height of twenty feet (20’) and an allowable sign area of four hundred (400) square feet per sign side and a maximum effective sign area of three hundred (300) square feet per sign side. d. All pylon signs are allowed to display the names of any other tenants in Rayzor Ranch. e. Pylon signs are subject to the minimum setbacks of Section 35.15.14.2.C of the Denton Development Code unless its proximity to a single-family residence would dictate a larger setback according to Section 35.15.14.1.E of the Denton Development Code. Monument signs. 2. a. Monument signs may only be located as shown on Appendix 1 and must be constructed in accordance with the Monument Sign Elevations shown in Appendix 2. b. The maximum height of a monument sign is eight (8) feet and the maximum effective area is 100 square feet per sign side. c. All monument signs must comply with the visibility obstruction requirements detailed in Section 35.15.4.H. Attached signs. 3. Attached signs include wall, canopy and awning signs. Page 4 RAYZOR RANCH SIGN DISTRICT a. One (1) canopy sign is permitted per tenant for each storefront opening. b. One (1) fixed awning sign is permitted per awning located within the Rayzor Ranch Sign District. Awning signs are allowed in addition to canopy signs. c. An attached canopy sign shall not extend upward to a height greater than the highest part of the roof or any exterior wall on which it is mounted. d. The total square footage of all attached signs shall not exceed twenty (20) percent of the entire wall area on which such signs are located. e. A freestanding building is allowed one (1) wall sign per tenant for each public street or circulation drive or parking lot frontage, except as noted below for secondary signage. Multiple secondary wall signs are allowed. Wall signs shall not exceed 70% of length of the building side to which it is attached. The signage on the frontage of the store or building can be as follows: i) Tenants in buildings adjacent to Hwy 380, and tenants of outparcels fronting Hwy 380 are allowed a maximum letter height of 30-inches. If two lines of signage are used, each letter shall not exceed 24- inches. Tenant national logo/badge may exceed this height by up to 20%. ii) Tenants less than 10,000 s.f in the remaining buildings can have wall signs with a maximum letter height of 36-inches. If two lines of signage are used, each letter shall not exceed 28-inches. Tenant national logo/badge may exceed this height by up to 20%. iii) Tenants 10,000 s.f to 15,000 s.f. are allowed a maximum letter height of 48-inches and 36-inches on Page 5 RAYZOR RANCH SIGN DISTRICT a second line or secondary signage. Tenant national logo/badge/lettering may exceed this height by up to 20%. iv) Tenants 15,000 s.f to 25,000 s.f are allowed a maximum letter height of 60-inches on one line and 42” on a second line or secondary signage. Tenant national logo/badge/lettering may exceed this height by up to 20%. v) Tenants 25,000 s.f to 80,000 s.f. are allowed a maximum letter height of 72-inches on one line and 48-inches on a second line or secondary signage. Tenant national logo/badge/lettering may exceed this height by up to 20%. vi) Tenants in excess of 80,000 s.f. are allowed a maximum letter height of 78-inches on one line and 48-inches on a second line or secondary signage. Logos/badges/lettering up to a maximum dimension of 120” on a side. vii) If tenant is a corner tenant, with an Exterior Building Wall, signage will be allowed on each side of the Exterior Building Wall. If tenant is on a freestanding pad, signage will be allowed on each side with frontage to the public viii)Wall signs depicting a commercial message on the rear of buildings are not permitted if they are facing residential areas. Wall signs depicting informational or directional messages signs are allowed on the rear of buildings facing residential areas. However, no rear wall signs, except for directional or informational signs, are allowed on the north wall of the buildings located in the RR-3 District. f. On multi-tenant buildings adjacent to Hwy 380 or the main drive, rear wall signs are permitted. They shall be Page 6 RAYZOR RANCH SIGN DISTRICT grouped and shall be exterior illuminated from ground or wall in the designated sign areas. g. Signs shall be composed of individual, freestanding letters unless this conflicts with a part of the tenant’s national identity. The freestanding letters may be placed on a backing plate. Signs that propose non freestanding letters are allowed. All necessary sign supports and electrical connections shall be concealed. h. Illuminated signs must derive light from a concealed source, except exposed neon signs must be enclosed within a can and have a clear cover of Plexiglas. No exposed lamps, or tubes will be permitted. The minimum depth for illuminated signs shall be four (4) inches. Illuminated signs may be “pegged out” from mounting surface for silhouette effects. i. Flat wall signs shall not extend more than 12 inches beyond the surface to which the sign is mounted. Sandwich board signs or “A” frame signs 5. a. Maximum sign height shall be three (3) feet. b. Maximum sign width shall be two (2) feet and sign shall not be placed in front of adjoining. c. Signs must be properly anchored (temporarily) or weighted against the wind. d. Chalkboards or changeable letters may be used for daily changing messages. e. Signs shall be designed and constructed so as to promote and not visually obscure the significant architectural features of the Rayzor Ranch Development. f. Signs must be removed after business hours. Page 7 RAYZOR RANCH SIGN DISTRICT g. Sidewalks must be at least ten (10) feet wide in order to erect or maintain a sandwich board or “A” frame sign. Blade Signs. 6. One (1) blade sign, with a maximum area of 10 square feet, is permitted per tenant located within the Rayzor Ranch Sign District. Corner tenants are permitted two (2) blade signs (one on each storefront opening or entry). Refer to Appendix 3 for an example of a Blade Sign. Temporary Signs. 7. The following types of temporary signs shall be permitted within the Rayzor Ranch Sign District, subject to the limits of Section 35.15.16 of the Denton Development Code: a. Project Announcement Signs. Rayzor Ranch Development Project Announcement Signs are allowed not exceeding 100 square feet per maximum effective sign area for the purposes of selling or leasing parcels. All project announcements signs must be at least 200 feet apart. Project Announcement Signs shall be removed within 30 days after an occupancy permit is issued. All Project Announcement Signs must be constructed with a metal frame and have acrylic or metal panels and comply with the Rayzor Ranch Color Palate adopted as part of the Rayzor Ranch Architectural Standards. A typical Project Announcement Sign can be found in Appendix 5. b. Land available and Real Estate Signs. Signs offering land available for sale or lease shall be limited to 96 square feet per sale or lease parcel provided that no more than one sign be installed for each 300 feet of frontage. All Land Available and Real Estate Signs must be constructed with a metal frame and have acrylic or metal panels c. Wind Device Signs. On premise, banners, and windblown signs such as pennants, flags, and streamers Page 8 RAYZOR RANCH SIGN DISTRICT for special events and grand openings shall be permitted provided they do not exceed 20 square feet in area. There shall be no limit to the number of wind device signs along main circulation routes within the Rayzor Ranch overlay districts where said signs are not visible from Highway 380, I-35 or Bonnie Brae. Informational / Incidental Signs. 8. Minor signs such as drive-thru directional signs, gas pricing signs or traffic control signs shall be permitted as allowed under the applicable City of Denton codes. Project Banners. 9. Banners are allowed on lampposts in Rayzor Ranch. Each lamppost may have a total of two (2) banners. Project Banner signs must comply with Appendix 3. Setbacks. 10. Interior lot lines do not trigger setbacks for sign purposes in the RR-2 and RR-3 Districts. Project Graphics. 11. Scanner murals and other graphic elements with backing frame or support, and not containing a commercial message or part of National Trade Dress are allowed on all buildings and no permit is required to install these elements provided that the original installation of the Project Graphic was included as part of the building permit for the structure to which it is attached. Page 9 RAYZOR RANCH SIGN DISTRICT ßÐÐÛÒÜ×È ï ﮬ·¿´ Í·¹² Ô±½¿¬·±² д¿² Page 10 RAYZOR RANCH SIGN DISTRICT ßÐÐÛÒÜ×È î Ó¿®µ»¬°´¿½» Í·¹² Page 11 RAYZOR RANCH SIGN DISTRICT Page 12 RAYZOR RANCH SIGN DISTRICT Page 13 RAYZOR RANCH SIGN DISTRICT Page 14 RAYZOR RANCH SIGN DISTRICT Page 15 RAYZOR RANCH SIGN DISTRICT Page 16 RAYZOR RANCH SIGN DISTRICT Page 17 RAYZOR RANCH SIGN DISTRICT ßÐÐÛÒÜ×È í Þ´¿¼» ¿²¼ Ю±¶»½¬ Þ¿²²»® Í·¹² Û¨¿³°´» All signage examples attached are for illustrative purposes only and to further define size calculations required for various sign types. Examples are not indicative of the final graphics for the Rayzor Ranch Sign District. Page 18 RAYZOR RANCH SIGN DISTRICT Þ´¿¼» ¿²¼ Ю±¶»½¬ Þ¿²²»® Í·¹² Û¨¿³°´» . Page 19 RAYZOR RANCH SIGN DISTRICT ßÐÐÛÒÜ×È ì Í»½±²¼¿®§ Í·¹² Û¨¿³°´» Í»½±²¼¿®§ Í·¹²¿¹» Page 20 RAYZOR RANCH SIGN DISTRICT ßÐÐÛÒÜ×È ë Ю±¶»½¬ ß²²±«²½»³»²¬ Í·¹² Û¨¿³°´» Page 21 RAYZOR RANCH SIGN DISTRICT ßÐÐÛÒÜ×È ê Ûºº»½¬·ª» ß®»¿ Û¨¿³°´» Page 22 éÕÔÊ ÍÜÖØ ÑØ×É ÛÑÜÏÒ ÔÏÉØÏÉÔÎÏÜÑÑÄ AGENDA INFORMATION SHEET AGENDA DATE: July 21, 2009 DEPARTMENT: Planning ACM: Fred Greene SUBJECT- Z08-0016 (Pine Creek) Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas providing for a zoning change from Neighborhood Residential 3 (NR-3) zoning district classification and use designation toaNeighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation with an overlay district, on approximately 15.13 acres of land located west of Stuart Road and approximately 600 feet northwest of the intersection of Windsor Street and Stuart Road; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date (Z08-0016). The Planning and Zoning Commission recommends approval (4-2). BACKGROUND The applicant (Rick Baria) is proposing to construct anew multi-family development consisting of approximately 121, 2-bedroom units. However, the existing zoning of NR-3 does not allow the proposed use. The site is currently undeveloped and is not platted. The applicant held a neighborhood meeting at the North Branch Library on Wednesday, December 17, 2008. Six (6) people were in attendance. The concerns raised at the neighborhood meeting are as follows: Rent range and occupancy factors; Residents suggested that they would like to see the property developed as a park, community gathering space or a garden; Residents were concerned about the natural habitats and where the animals will go during construction; Air Pollution, disruption of the environment and safety during construction; and Duration of construction. The Planning Department sent certified notices of the public hearing to fifty six (56) property owners within 200 feet and one hundred twenty six (126) courtesy notices to residents within 500 feet of the subject property. As of this writing, staff received nineteen (19) responses from property owners within 200 feet of the subject property in opposition to the request, which represents 14% of the total land area. PRIOR ACTION/ REVIEW April 8, 2009 Planning and Zoning Commission public hearing June 16, 2009 City Council Public Hearing (Item was tabled) OPTIONS 1.Approve as submitted. 2.Approve subject to conditions. 3.Deny. 4.Postpone consideration. 5.Table item. RECOMMENDATION On April 8, 2009, the Planning and Zoning Commission recommended approval of the request by a vote of 4-2, subject to the following overlay conditions: 1.Uses are limited to residential uses only; 2.The maximum building height shall be 33 feet; 3.A 40-foot wide vegetative buffer is required abutting the residential subdivision to the west using existing vegetation; 4.The maximum density, if stacked vertically, shall be nine (9) dwelling units per acre, and if side-by-side, eight (8) dwelling units per acre. 5.The maximum impermeable area shall be 50%; 6.The parkway width shall be a minimum of 9 feet; 7.The minimum side yard as measured between buildings shall be 30 feet and 15 feet if lots are individually owned. has requested a more restrictive change to the maximum density condition (Condition # 4 above), to read as follows: The maximum density shall be eight (8) dwelling units per acre and buildings shall be constructed in a side-by-side arrangement. The Development Review Committee recommends denial of the rezoning request based on the following concerns: 1.ing units per acre is not consistent with the existing density within the area; 2. overlay district as outlined in Subchapters 5 and 7 of the Denton Development Code; 3.Lack of a gradual land use and development standard transition between the existing (NR-3) and proposed (NRMU-12) zoning district; and 4.Without an overlay district, the proposed zoning district (NRMU-12) could potentially introduce uses to the neighborhood that are not consistent with the Comprehensive Plan designation in the area. For a more detailed explanation of the above staff concerns, see Exhibit 1 (Staff Analysis). EXHIBITS 1. Staff Analysis 2. Location Map 3. Existing Zoning Map 4. Proposed Zoning Map 5. Future Land Use Map 6. Notification Map and Responses to Notification 7. Letter from Applicant 8. Site Photos 9. Ordinance Prepared by: ___________________________ Johnna Matthews Associate Planner Respectfully submitted: _________________________________ Mark Cunningham, AICP Director, Planning and Development EXHIBIT 1 PLANNING & DEVELOPMENT STAFF ANALYSIS CASE NO.:Z08-0016DATE TO BE CONSIDERED:June 16, 2009 LOCATION:The subject property is located westof Stuart Road and approximately 600 feet northwest of the intersection of Stuart Road and Windsor Street. Mr. Rick Baria APPLICANT: 5138 Edwards Road Denton, TX 76208 Trans-Atlas Financial OWNER: P.O. Box 2051 Del Mar, CA 92014 Rezone the approximately 15.3acres of land from a Neighborhood REQUEST: Residential 3 (NR-3) zoning district to a Neighborhood ResidentialMixed Use 12 (NRMU-12) zoning district to allow amulti-family development. The applicant is also proposing an overlay district with conditions/restrictions. The Planning and Zoning Commission recommends approvalof the RECOMMENDATION: zoning change request, subject to an overlay district.However, since the requested a more restrictive change to one of the overlay conditions(See Background Information below). Existing Land Use/Infill The subject site is locatedwithin an COMPREHENSIVE PLAN DESIGNATION: Compatibility future land use designation. Thesite is currentlyundevelopedand is not platted. SITE AND SURROUNDINGS: Neighborhood Residential 4(NR-4)Single Family Homes North: Neighborhood Residential 6 (NR-6)Duplexes South: Neighborhood Residential 3(NR-3)Single Family Homes East: Neighborhood Residential 3(NR-3)Single Family Homes West: BACKGROUND INFORMATION: neighbors that any subsequent owner will be obligated to substantially following restricts/conditions: 1.The maximum building height shall be 33 feet; 2.40-foot wide buffer abutting the residential subdivision to the west using existing vegetation; 3.The maximum density, if stacked vertically shall be nine (9) dwelling units per acre; if side-by side, eight (8) dwelling units per acre; 4.The maximum impermeable area shall be 50%; 5.The parkway width shall be a minimum of 9 feet; 6.The minimum side yard (as measured between buildings) shall be 30 feet from building to building and 15 feet if lots are individually owned. In addition to the above overlay conditions, the Planning and Zoning Commission recommended that the below condition be added: Uses are limited to residential uses only. Additionally, s recommendation on April 8, 2009, the applicant has requested a more restrictive change to the maximum density condition (Condition # 4), to read as follows: The maximum density shall be eight (8) dwelling units per acre and buildings shall be constructed in a side-by-side arrangement. Existing Residential/Infill The subject site is located within the ANALYSIS: Compatibility future land use designation.A description of COMPREHENSIVE PLAN Comprehensive plan reads as follows: respond to existing development with compatible land uses patterns, and design standards. The plan recommends that existing neighborhoods within the City be vigorously protected and preserved. Housing that is compatible with the existing density, neighborhood The proposed NRMU-12zoning district will not require a Comprehensive Plan Amendment; however the proposal is not consistent with the existing density in the neighborhood. The maximum density in the proposed zoning district is twelve (12) dwelling units per acre. Although the applicant is proposing eight (8) to nine (9) dwelling units per acre, via an overlay district, the average density within a ½ mile radius of the subject site is approximately 3.9 units per acre; which is substantially lower than what the applicant is proposing. Although the applicant is proposing an overlay district, staff is of the DEVELOPMENT CODE/ZONING opinion that it does not meet the intent of the Denton Development Code ANALYSIS (DDC) or the provisions for overlay districts. As the name implies, overlay districts work in combination withthe underlying base zoning specific property. There are two (2) types of overlay districts as outlined in Subchapters 5 Mixed Use Residential Protection Overlays and and 7 of the DDC; Special Purpose and Overlay DistrictsMixed Use Residential . A Protection Overlay non- owners of existing adjacent residential uses that a proposed residentialmulti-family mixeduse or allowed by this Subchapteris incompatible, the applicant may consent to the imposition of increased setback, landscaping, screening or buffer requirements along the borders of such existing residential uses, or to the imposition of additional uses or performance-based restrictions upon the proposed use. Such additional modifications or restrictions shall, upon approval, amend the underlying zoning classification and use designation to add these supplemental requirements. Special Purpose and Overlay District A, as outlined in Subchapter 7 of the DDC is established to protect and enhance certain specific lands and structures, which, by virtue of their type or location, have characteristics which are distinct from lands and structures outside such special districts. The districts shall contain such reasonable and necessary requirements to ensure the protection and enhancement of said lands and structures. This type of overlay typically includes a larger scale development such as the Denton Municipal Airport Overlay, Fry Street Overlay District, Historic Conservation Districts and Unicorn Lake Overlay District, among others. Additionally,w are approximately 7 zoning districts; Neighborhood Residential 1 (NR-1), Neighborhood Residential 2 (NR-2), Neighborhood Residential 3 (NR-3), Neighborhood Residential 4 (NR-4), Neighborhood Residential 6 (NR-6), Neighborhood Residential Mixed Use 12 (NRMU-12) and Neighborhood Residential Mixed Use(NRMU). Under the hierarchy established for the Neighborhood Residential zoning districts, the NR-3 zoning district is the least intensive (most restrictive), with the NRMU zoning district being the least restrictive. The proposed zoning district (NRMU-12) is one of the most intense designation, with only the NRMU zoning district being more intense. Between the existing zoning district (NR-3) and the proposed (NRMU-12), there are 2 zoning districtsanda gradual progression of intensities. The requested zoning district (Neighborhood Residential Mixed Use 12) permitsmulti-family development with a L(4) limitation. reads: Multi-family is permitted only: 1.With a Specific Use Permit; or 2.As part of a Mixed Use Development; 3.As part of a Master Plan Development, Existing; or 4.If the development received zoning approvalallowing 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. In addition to multi-family developments being permitted in the NRMU- 12 zoning district with limitations (See above);the NRMU-12 zoning district also introduces residential, commercial and institutional land uses that are not currently permitted within the existing zoning district of NR-3 or require approval of a SUP, or are permitted with a limitation. For example, in the residential land use category, Attached Single Family Dwellings are permitted in the existing zoning district with approval of a SUP; however, are permitted by right in the proposed zoning district. Group Homes are not permitted in the existing zoning district; however, are permitted in the proposed zoning district with approval of a SUP. Dwellings Above Businesses, Live/Work Units and Duplexes are not permitted in the existing zoning district; however, are permitted by right in the proposed zoning district. Most commercial uses are not permitted in the existing zoning district; however may be permitted in the proposed zoning district by right or with alimitation. However, the Planning and Zoning Commission recommended an additional condition to allow only residential uses at this location. The following analysis (italicized) was presented to the Planning and Planning and Zoning Commission recommending that only residential uses shall be permitted: Laundry Facilities are not permitted in the existing zoning district, however, are permitted in the proposeddistrict. A Bed and Breakfast establishment is not permitted in the existing zoning district; however, is permitted in the proposed zoning district with a limitation regarding the number of guests allowed. Retail Sales and Services as well as Professional Services andOffices are uses which are not permitted in the existing zoning district. These same uses are permitted in the proposed zoning district with limitations on the square footage allowed. That said, the proposed zoning district is inconsistent and incompatible on the uses that the proposed zoning district will introduce to the neighborhood. There is no difference between the uses allowed in the Industrial Land Use Categories(see chart below). Finally, within the Institutional Land Use Category, Elderly Housing is not permitted in the existing zoning district; however, is permitted in the proposed zoning district with a limitation regarding square footage. The tables below highlight the differences in uses permitted between the existing zoning district (NR-3) and the proposed zoning district (NRMU- 12) based on each land use category: Residential Land Use ÒÎÓËó ÒÎóí ïî Categories Û¨·¬·²¹ Ю±°±»¼ AgriculturePP LivestockL(7)L(7) Single Family DwellingsPP SUP Accessory Dwelling UnitsL(1) L(1) Attached Single Family DwellingsSUPP Dwellings Above BusinessesNP Live/Work UnitsNP DuplexesNP Community Homes For the DisabledPP Group HomesNSUP Multi-Family DwellingsNL(4) Manufactured Housing DevelopmentsNN Commercial Land Use ÒÎÓËó ÒÎóí ïî Categories Û¨·¬·²¹ Ю±°±»¼ Home OccupationPP Sale of Products Grown on SiteNN HotelsNN MotelsNN Bed andBreakfastNL(10) Retail Sales and ServicesNL(15) Movie TheatresNN Restaurant or Private ClubNN Drive-through FacilityNN Professional Services and OfficesNL(14) Quick Vehicle ServicingNN Vehicle RepairNN Auto and RV SalesNN Laundry FacilitiesNP Equestrian FacilitiesNN Outdoor RecreationPSUP Indoor RecreationNN Major Event EntertainmentNN Commercial Parking LotsNN Administrative or Research FacilitiesNN Broadcasting of Production StudioNN Sexually Oriented BusinessesNN Temporary UsesL(38)L(38) Industrial Land Use ÒÎÓËó ÒÎóí ïî Categories Û¨·¬·²¹ Ю±°±»¼ Printing/PublishingNN BakeriesNN Manufacture of Non-odoriferous FoodsNN Feed LotsNN Food ProcessingNN Light ManufacturingNN Heavy ManufacturingNN Wholesale SalesNN Wholesale NurseriesNN Distribution CenterNN Wholesale Storage and DistributionNN Self-service StorageNN Construction Materials SalesNN Junk Yards and Auto WreckingNN KennelsNN VeterinaryClinicsNN Sanitary Landfills, Commercial NN Incinerators, Transfer Stations SUPSUP Gas Wells L(7)L(7) Institutional Land Use ÒÎÓËó ÒÎóí ïî Categories Û¨·¬·²¹ Ю±°±»¼ Basic UtilitiesL(25)L(25) Community ServiceNN Parks and Open SpacePP ChurchesPP Semi-public, Halls, Clubs, and LodgesSUPSUP Business/Trade SchoolNN Adult or Child Day CareSUPSUP Kindergarten, Elementary SchoolSUPSUP Middle SchoolNN High SchoolNN CollegesNN HospitalNN Elderly HousingNL(13) Medical CentersNN CemeteriesNN MortuariesNN Legend: P= Permitted N = Not permitted SUP = Specific Use Permit L(xx) = Limitations Apply 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 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(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. L(7) = Limited to two (2) animals on parcels one (1) to three (3) acres in acres insize. Additional animals may be added at a rate of one per eachacre over three. L(10) = All restrictions of L(8), but limited to no more than 5 guest units. L(13) =Uses are limited to no more than 55,000 square feet of gross floor area per lot. L(14) = Uses are limited to no more than 10,000 square feet of gross floor area. L(15) = Uses are limited to no more than 5,000 square feet of gross floor area per lot. An SUP is required for additional square footage for Semi- Public Halls, Clubs and Lodges. L(25) = If proposed use is within 200 feet of a residential zone, approval is subject to a Specific Use Permit. L(38) = Must meet the requirements of Section 35.12.9. The general regulations between the two zoning districts change substantially. Because the site includes more than 2 acres, the minimum lot area, lot width and lot depth do not apply. The minimum front yard setback decreases from 15 feet in the existing zoning district of NR-3 to 10 feet in the proposed NRMU-12 zoning district.The maximum density increases from 3.5 units per acre to 12 units per acre in the proposed zoning district. The applicant is,however, proposing an overlay condition of 8 to 9 units per acres. The minimum side yard for non-attached buildingsincreases by 4 feet. In the existing zoning district, the minimum side yard is 6 feet. In the proposed zoning district, the minimum side yard for non-attached buildings is 10 feet. The applicant is proposing 30 feet from building to building and 15 feet if lots are individually owned. The maximum lot coverage increases by 10 feet from 50% to 60%. The applicant is proposing 50%lot coverage; the same as the existing zoning district.The minimum landscaped area decreases from 50% to 40%. The maximum building height in the existing and proposed zoning district is 40 feet; however, the applicant is proposing 33 feet. The minimum yard abutting a single family use or district in the existing zoning district is 10 feet + 1 foot for each foot of building height above 20 feet; in the proposed zoning district of NRMU-12, the minimum side yard abutting a single family use or district is 15 feet + 1 foot for each foot of building height above 20 feet. The subject property is surrounded by single family subdivisions to the north,east and west.Subchapter 35.13.8 (Buffer and Screening Requirements) of the Denton Development Code (DDC) requires a buffer based on a multi-family use adjacent to single family residential usesor zoning districtsusing fencing, vegetation or berms. The applicant is proposing a 40foot wide vegetative buffer abutting the residential developments to the west using existing vegetation. The DDC requires the buffer width to be a minimum of 30 foot wide and existing and proposed vegetation shall be a minimum of 50% opaque. The applicant is proposing two rows of Pine Trees abutting the residential developments to the east. The following table illustrates the above differences betweenthe general regulations of the existingzoning district (NR-3),theproposedzoning district (NRMU-12) andappli ÒÎÓËó ß°°´·½¿²¬ ÒÎóí General Regulations Ѫ»®´¿§ ïî Û¨·¬·²¹ Ю±°±»¼ 15 feet Minimum Front Yard Setback10 feet L(2) Minimum Side Yard6 feet6 feet MinimumSide Yard Adjacent to a Street10 feet10 feet Minimum Rear Yard10 feet10 feet Maximum Density, dwelling units per 3.512 8 to 9 acre Minimum Side Yard for Non-attached 6 feet10 feet 30 feet buildings Maximum Lot Coverage50%60% 50% Minimum Landscaped Area50%40% Maximum Building Height40 feet40 feet 33 feet 10 feet + 15 feet + 1 foot for 1 foot for each each Minimum Side Yard when abutting a foot of foot of single family use or districtbuilding building height height above above 20 feet20 feet DEPARTMENT AND AGENCY REVIEW: The Development Review Committee (DRC) has reviewed the request and have provided comments and general information to the applicant. Staff recommends denial of the request based on the following concerns: 1.9 dwelling units per acre is not consistent with the existing density within the area; 2. and provisions for an overlay district as outlined in Subchapters 5 and 7 of the Denton Development Code; 3.Lack ofgradual land use and development standardtransition between the existing (NR-3) and proposed (NRMU-12) zoning districts 4.Without an overlay district, the proposed zoning district (NRMU- 12)could potentiallyintroduce uses to the neighborhoodthat are not consistent with the Comprehensive Plan designation in the area. FINDINGS: The criteria for approval of Zoning Amendments, per Subchapter 35.3.4.B.2 of the Denton Development Code require that: 1.The proposed zoning conforms to the Future Land Use element of the Denton Plan. The proposed zoning district (NRMU-12) will not require a Comprehensive Plan Amendment; however, the proposed density is not consistent with the existing density within a ½ mile radius of the subject site. Additionally, the proposed zoning district will introduce uses to the neighborhood that are inconsistent and incompatible with existing land uses. 2. The proposed rezoning facilitates the adequate provision of transportation, water, sewers, schools, parks, other public requirements and public convenience. Facilities are generally adequate. The applicant may be required to extend the waterline on Wolftrap Drive into the proposed development. EXHIBIT 2 LOCATION MAP EXHIBIT 3 EXISTING ZONING MAP EXHIBIT 4 PROPOSED ZONING MAP EXHIBIT 5 FUTURE LAND USE MAP EXHIBIT 6 NOTIFICATION MAP AND RESPONSES TO NOTIFICATION Public Notification Date: Number of In opposition:19 (14%) In favor:0 Neutral:0 *A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 EXHIBIT 7 LETTER FROM APPLICANT EXHIBIT 8 SITE PHOTOS North side of Wolftrap Drive looking northwest at the site Photo taken from Olympia Drive looking north at the site Photo taken on the east side of Stuart Road looking west at the site Pedestrian walkway just south of the existing drainage creek Photo taken on the east side of the property looking southwest éÕÔÊ ÍÜÖØ ÑØ×É ÛÑÜÏÒ ÔÏÉØÏÉÔÎÏÜÑÑÄ ßÙÛÒÜß ×ÒÚÑÎÓßÌ×ÑÒ ÍØÛÛÌ ßÙÛÒÜß ÜßÌÛæ July 21, 2009 ÜÛÐßÎÌÓÛÒÌæ City Manager’s Office ÝÓæ George Campbell, City Manager ÍËÞÖÛÝÌ Consider appointments to Council committees. ÞßÝÕÙÎÑËÒÜ Council will discuss appointments to the Council committees during the Work Session and will ratify those appointments during the regular meeting. If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary S:\City Secretary\Boards & Comm\AIS for Council Committees-IC.doc éÕÔÊ ÍÜÖØ ÑØ×É ÛÑÜÏÒ ÔÏÉØÏÉÔÎÏÜÑÑÄ ßÙÛÒÜß ×ÒÚÑÎÓßÌ×ÑÒ ÍØÛÛÌ ßÙÛÒÜß ÜßÌÛæ July 21, 2009 ÜÛÐßÎÌÓÛÒÌæ City Manager’s Office ÝÓæ George Campbell,City Manager ÍËÞÖÛÝÌ Consider appointments to the City’s Boards and Commissions. ÞßÝÕÙÎÑËÒÜ Attached are the nominations Council has submitted for board and commission positions. Any changes made during the Work Session will be presented to Council before consideration of this item. If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary ÞÑßÎÜ ßÒÜ ÝÑÓÓ×ÍÍ×ÑÒ ÒÑÓ×ÒßÌ×ÑÒÍ Þ±¿®¼ ݱ«²½·´ Ó»³¾»® Ò±³·²¿¬·±² ß·®°±®¬ ß¼ª·±®§ Þ±¿®¼ Ø»¹¹·² É·´´·¿³ ßò ͽ¸±º·»´¼ øÒ÷ Ù®»¹±®§ Ó«´®±§ Ö»®»³§ Ú§µ» øÒ÷ ß²·³¿´ ͸»´¬»® ß¼ª·±®§ ݱ³³·¬¬»» Û²¹»´¾®»½¸¬ Ü®ò Ù®¿²ª·´´» É®·¹¸¬ øÎ÷ É¿¬¬ Þ«®®±«¹¸ Ö·³ Þ®§¿² øÎ÷ ݱ³³«²·¬§ Ü»ª»´±°³»²¬ ß¼ª·±®§ ݳ¬»ò Ø»¹¹·² ܱ®±¬¸§ É¿¬¬ øÎ÷ Ù®»¹±®§ É¿¬¬ Ó«´®±§ Ø»®¾»®¬ ر´´ øÎ÷ ݱ²¬®«½¬·±² ß¼ª·±®§ ú ß°°»¿´ Þ±¿®¼ Ø»¹¹·² Ü¿²·»´ Ø«®¬ øÎ÷ Û²¹»´¾®»½¸¬ Þ®·¿² Þ»²¬´»§ øÎ÷ Õ¿³° Ö·³ ͬ®¿²¹» øÎ÷ Ó«´®±§ ×®¿ É»·²¬»·² øÎ÷ Þ«®®±«¹¸ Ò±³·²¿¬·²¹ Û½±²±³·½ Ü»ª»´±°³»²¬ ﮬ²»®¸·° Þ¼ò ݳ¬»ò Ø·¬±®·½ Ô¿²¼³¿®µ ݱ³³··±² Ø»¹¹·² ܱ²²¿ Ó±®®· øÎ÷ Û²¹»´¾®»½¸¬ Õ¿®»² ܻʷ²²»§ øÎ÷ É¿¬¬ Õ¿³° Ü¿ª·¼ É®·¹¸¬ øÎ÷ Ó«´®±§ Õ»ª·² α¼»² øÒ÷ ß´´ Ø«³¿² Í»®ª·½» ß¼ª·±®§ ݳ¬»ò Ø»¹¹·² Þ¿®¾¿®¿ Þ®±©² øÎ÷ Ù®»¹±®§ Û²¹»´¾®»½¸¬ Ó¿®·¿ Ó·²»®ª¿ Ê·´´¿²«»ª¿óÍ·³»²¬¿´ Õ¿³° Ó«´®±§ Ó¿®§ Þ»¸®»² øÒ÷ Þ«®®±«¹¸ ß²¹·» Ö»¬»® øÎ÷ ß´´ ß´´ Ô·¾®¿®§ Þ±¿®¼ Ø»¹¹·² ß²§¿¸ Ó¿®¬·²»¦ øÎ÷ Ù®»¹±®§ Õ¿³° Ì»®»¿ ͬ¿®®»¬¬ øÎ÷ Ó«´®±§ Õ¿§ Þ®¿²²¿² øÒ÷ п®µô λ½®»¿¬·±² ú Þ»¿«¬·º·½¿¬·±² Þ±¿®¼ Ø»¹¹·² Ê·½µ· Þ§®¼ øÒ÷ Û²¹»´¾®»½¸¬ Ü»®®·½µ Óò Ó«®®¿§ øÒ÷ Õ¿³° Ó«´®±§ Ö»²²·º»® É¿¹» øÎ÷ Þ«®®±«¹¸ Ö¿²»¬ ͸»´¬±² øÒ÷ ë n ëØÜÍÍÎÔÏÉÐØÏÉ ï n ïØÆ ïÎÐÔÏÜÉÔÎÏ ÞÑßÎÜ ßÒÜ ÝÑÓÓ×ÍÍ×ÑÒ ÒÑÓ×ÒßÌ×ÑÒÍ Þ±¿®¼ ݱ«²½·´ Ó»³¾»® Ò±³·²¿¬·±² д¿²²·²¹ ¿²¼ Ʊ²·²¹ ݱ³³··±² Ø»¹¹·² Ö±¸² Χ¿² øÎ÷ Ù®»¹±®§ É¿¬¬ Þ«®®±«¹¸ É¿´¬»® Û¿¹´»¬±² øÎ÷ Ы¾´·½ ß®¬ ݱ³³·¬¬»» Ø»¹¹·² Þ·´´·» Ó±¸¿·® øÎ÷ Õ¿³° Ý¿®±´ и·´´·° øÎ÷ Ó«´®±§ ݸ»®§´ Õ»§ øÎ÷ Þ«®®±«¹¸ Ô·²¼¿§ Õ»ºº»® øÒ÷ Ы¾´·½ ˬ·´·¬·» Þ±¿®¼Ó«´®±§ Þ¿®¾¿®¿ Ϋ»´´ øÒ÷ Ì®¿ºº·½ Í¿º»¬§ ݱ³³··±² Û²¹»´¾®»½¸¬ ر©¿®¼ Ü®¿°»® øÒ÷ É¿¬¬ Õ¿³° Þ«®®±«¹¸ Æ¿½¸ Ì«½µ»® øÎ÷ Ʊ²·²¹ Þ±¿®¼ ±º ß¼¶«¬³»²¬ Ø»¹¹·² Ó·´´¿®¼ Ø»¿¬¸ øÎ÷ Û²¹»´¾®»½¸¬ λ¹¹·» Ø·´´ øÎ÷ É¿¬¬ Ó«´®±§ Þ«®®±«¹¸ и·´ Ö±®¼¿² øÎ÷ ßÔÔ ßÔÔ ßÔÔ ë n ëØÜÍÍÎÔÏÉÐØÏÉ ï n ïØÆ ïÎÐÔÏÜÉÔÎÏ éÕÔÊ ÍÜÖØ ÑØ×É ÛÑÜÏÒ ÔÏÉØÏÉÔÎÏÜÑÑÄ ßÙÛÒÜß ×ÒÚÑÎÓßÌ×ÑÒ ÍØÛÛÌ ßÙÛÒÜß ÜßÌÛæ July 21, 2009 ÜÛÐßÎÌÓÛÒÌæ Economic Development ÝÓæ George A. Campbell, City Manager ÍËÞÖÛÝÌ Consider nominations/appointments to the City's Economic Development Partnership Board. ÞßÝÕÙÎÑËÒÜ The City Council appointed a nominating committee at the June 16, 2009 meeting charged with recommending nominees for Economic Development Partnership Board membership. Nominating committee members are Mayor Pro Tem Pete Kamp, Council Member Jim Engelbrecht, and Chamber of Commerce Board Member Hank Dickenson. Economic Development Partnership Board (EDPB) members serve two-year terms and may serve as many as three terms. The ordinance requires that the City Council appoint three persons to serve as a nominating committee, to include two City Council members and one person who is a member of the Chamber of Commerce. The committee solicits recommendations from the Chamber Board of Directors as to potential nominees from the Chamber and from the President of UNT. The committee was asked to confirm with each potential nominee his/her willingness to serve. The ordinance provides that EDPB members must fall into specific categories when they are originally appointed to the Board, i.e., City Council member, Chamber of Commerce Board of Directors member, Top Twenty Taxpayer and the President of the University of North Texas, or her designee. City Council members and Chamber of Commerce Board members may be reappointed to two additional consecutive terms even if they no longer serve on the City Council or Chamber Board. The following four EDPB members’ places are up for reappointment or replacement: ÛÜÐÞ Þ±¿®¼ Ó»³¾»® Ý¿¬»¹±®§ Û´·¹·¾´» º±® λ¿°°±·²¬³»²¬ Euline Brock City Council Term Expired – Not Eligible Jerry Mohelnitzky Chamber of Commerce Term Expired – Not Eligible Stan Morton Top 20 Taxpayers Eligible in Chamber category Denny Aldridge Top 20 Taxpayers Eligible - 1 - Other members currently serving on the EDP Board (and the expiration date of their current terms) are: ÛÜÐ Þ±¿®¼ Ý«®®»²¬ Ì»®³Û´·¹·¾·´·¬§ º±® Ó»³¾»® Ý¿¬»¹±®§ Û¨°·®» λ¿°°±·²¬³»²¬ nr dd Marty Rivers Chamber of Commerce 2010 2 Term Eligible for a 3 Term n d Gretchen Bataille UNT 2010 2 Term Eligible – ongoing sn td Mark Burroughs City Council 2010 1 Term Eligible for a 2 Term The Nominating Committee will present 2009 EDP Board nominations at the July 21, 2008 City Council meeting. Respectfully submitted: _______________________________ Linda Ratliff, Director Economic Development Department - 2 -