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October 05, 2010 Agenda
AGENDA CITY OF DENTON CITY COUNCIL October 5, 2010 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, October 5, 2010 at 4:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: WORK SESSION 1. Requests for clarification of agenda items listed on the agenda for October 5, 2010. 2. Receive a report, hold a discussion and give staff direction regarding the operation of the public access channel beginning January 1, 2011. 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. CLOSED MEETING 1. Closed Meeting: A. Consultation with Attorney - Under Texas Government Code Section 551.071. 1. Receive a briefing from City's attorneys and hold a discussion, pursuant to Section 551.071 of the Texas Government Code, of legal issues associated with the expiration of the City's agreement with Charter Communications regarding a public, educational, or governmental (PEG) cable television channel and the potential award of an agreement for the operation of a PEG channel to a new operator where public discussion of this legal matter would clearly conflict with the duty of the city's attorneys to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. 2. Consultation, discussion, deliberation, and receipt of information from the City's attorneys regarding contemplated litigation with Denton County Electric Cooperative, Inc. d/b/a CoServ Electric and CoServ Gas, Ltd. relating to disputes concerning franchise issues, where 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. 3. Receive a status report regarding the litigation entitled: The University of North Texas, Appellant v. The City of Denton, Texas, Appellee, Cause No. 02-09-00395-CV, now pending before the Fort Worth Court of City of Denton City Council Agenda October 5, 2010 Page 2 Appeals; and discuss, deliberate and provide the City's attorneys with direction and any recommendations regarding such legal matter. A public discussion of this legal matter 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 Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071; Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086. 1. Discuss, deliberate, and receive information from Staff and provide Staff with direction pertaining to the acquisition or the condemnation of permanent and temporary constriction easement tracts for the Jim Christal Double Circuit and Combined Heat and Power projects, the location of which being north and west of the Denton Municipal Airport area in the City of Denton, Denton County, Texas. Consultation with the City's attorneys regarding legal issues associated with the acquisition or condemnation of the tracts referenced above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the Denton City Council under the Texas Rules of Disciplinary Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceedings or potential litigation. 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 SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: REGULAR MEETING 1. PLEDGE OF ALLEGIANCE A. U. S. Flag B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one state under God, one and indivisible." City of Denton City Council Agenda October 5, 2010 Page 3 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards 1. United Way Proclamation (Kevin Gunn) 2. Fire Prevention Week 3. White Cane Day 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 - N). 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 - N below will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. A. Consider approval of a resolution of the City Council of the City of Denton, Texas accepting the recommendations made by the Citizens Advisory Oversight Committee appointed by the City Council on April 19, 2005, regarding the five- year capital improvements program, respecting the reallocation of funding of street improvements from the FY 2007-2008 miscellaneous roadways, the FY 2008-2009 miscellaneous roadways, and from the 2008-2009 sidewalk installations funds to the Paisley Street extension project; and providing an effective date. B. Consider approval of a resolution of the City Council of the City of Denton, Texas accepting the recommendations made by the Citizens Advisory Oversight Committee appointed by the City Council on April 19, 2005, regarding the five- year Capital Improvements Program, respecting the reallocation of funding of street improvements from Walnut Street and Pecan Street to the Hickory Street Grand Project; and providing an effective date ($1,777,970). C. Consider adoption of an ordinance authorizing the City Manager to execute Amendment No. 1 to amended lease agreement between the City of Denton ("City") and the Denton County Transportation Authority ("DCTA"), amending that certain amended lease agreement, dated on or about September 18, 2007, by and between the City and DCTA, related to the lease of parking spaces located at the Williams Trade Square; and providing for an effective date. The Mobility Committee recommends approval (3-0). City of Denton City Council Agenda October 5, 2010 Page 4 D. 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 (Contract# 340-10) for the acquisition of uniform purchase and rental for City employees by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 4584- Employee Uniform Rental and Purchase awarded to G&K Services in the annual estimated amount of $200,000). E. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of soil, sand, aggregate and lime for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 4564-Annual Contract for Soil, Sand, Aggregate and Lime awarded to the lowest responsible bidder meeting specification for each item in the annual estimated amount of $2,000,000). F. Consider approval of a resolution appointing members to the Board of Directors of the North Texas Higher Education Authority; and declaring an effective date. G. Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a Second Amendment to Agreement for Professional Legal Services with Michael J. Whitten & Associates formerly known as The Whitten Law Firm, P.C. for professional legal services relating to litigation entitled: The University of North Texas, Appellant v The City of Denton, Texas, Appellee, Cause No. 02-09-00395-CV, now pending before the Fort Worth Court of Appeals; authorizing the expenditure of funds therefor; providing for retroactive approval thereof, and providing an effective date. H. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute an agreement between the City and Fred Moore Day Nursery School to provide Community Development Block Grant funds for improvements to the facility at 821 Cross Timber Street, Denton, Texas; authorizing the expenditure of funds therefor, not to exceed $120,400; and providing for an effective date. L Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a funding agreement between the City of Denton and the Denton Affordable Housing Corporation; providing for the terms of said contract; authorizing the City Manager to execute the agreement and to expend Home Investment Partnership Program funds with respect to the agreement; and providing for an effective date. J. Consider adoption of an ordinance finding that a public purpose and necessity exists and finding that public welfare and convenience requires the acquisition through agreement or eminent domain of an approximate 0.787 acre utility easement, and a 1.431 acre temporary constriction easement for the relocation and installation of municipal utilities relating to the Jim Christal Double Circuit, and the Combined Heat and Power utility projects situated in the John Scott City of Denton City Council Agenda October 5, 2010 Page 5 Survey, Abstract Number 1222, City of Denton, Denton County, Texas; authorizing the expenditure of funds therefor; and providing an effective date. The Public Utilities Board recommends approval (6-0). K. Consider approval of the minutes of: August 10, 2010 August 17, 2010 September 7, 2010 September 14, 2010 September 21, 2010 L. Consider adoption of an ordinance approving an employment agreement for the City Manager and authorizing the Mayor to execute said agreement setting the compensation and terms of that employment; authorizing expenditures and actions; and providing an effective date. M. Consider adoption of an ordinance approving an employment agreement for the City Attorney and authorizing the Mayor to execute said agreement setting the compensation and terms of that employment; authorizing expenditures and actions; and providing an effective date. N. Consider adoption of an ordinance approving an amendment to the easement agreement for joint driveway access by and between the City of Denton, Denton Independent School District and Teasley Commons, LTD. related to the appropriation of additional easement area for driveway widening purposes; and providing an effective date. (South Branch Library, Fire Station No. 6, and Sam Houston Elementary bus loop - 3200 block Teasley Lane) 4. PUBLIC HEARINGS A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving a Detailed Plan to allow a public park located on 15378 acres within the Preserve Planned Development District (PD 132), generally located south of Lakeview Boulevard and north of the existing Denton Branch Rail Trail; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date (ZIO-0008). The Planning and Zoning Commission recommends approval (7-0). B. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas regarding a Concept Plan amendment and a Detailed Plan amendment (Ordinance No. 2009-302) within the Wheeler Ridge Planned Development District (PD-176). The Concept Plan contains approximately 9.08 acres and the Detailed Plan contains approximately 4.05 acres located within the boundaries of the Concept Plan. The subject site is located at the southeast corner of Teasley Lane (FM 2181) and Robinson Road; and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date. (P-DA10-0003) The Planning and Zoning Commission recommends approval (5-0). City of Denton City Council Agenda October 5, 2010 Page 6 C. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas regarding creation of a Detailed Plan to allow a convenience store with fuel dispensers on property located within the Wheeler Ridge Planned Development District (PD-176). The proposed retail development is comprised of a 2,940 square-foot building, a fuel station with four (4) fuel dispensers and two (2) underground fuel storage tanks. The subject site is located at the southeast corner of Teasley Lane (FM 2181) and Robinson Road; and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date. (ZIO-0006) The Planning and Zoning Commission recommends approval (5-0). D. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Neighborhood Residential 3 (NR-3) zoning district classification and use designation to a Neighborhood Residential 1 (NR-1) zoning district classification and use designation on approximately 4037 acres of land located on the west and east sides of Ector Street, between Emery Street to the north and Sena Street to the south; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. (M10-0002) The Planning and Zoning Commission recommends approval (7-0). E. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas designating a certain area within the city limits of Denton as Target Corporation Reinvestment Zone IX for commercial/industrial tax abatement; establishing the boundaries of such Zone; making findings required in accordance with Chapters 311 and 312 of the Texas Tax Code; ordaining other matters relating thereto; providing a severability clause; providing for repeal; and providing an effective date. (Linda Ratliff) 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider adoption of an ordinance authorizing the Mayor to execute a Tax Abatement Agreement with Target Corporation, a Minnesota corporation; setting forth all the required terms of the Tax Abatement Agreement in accordance with the terms of Chapter 312 of the Texas Tax Code; setting forth the various conditions precedent to Target Corporation receiving the Tax Abatement; providing for a severability clause; and providing an effective date. The Economic Development Partnership Board recommends approval (6-0). B. Continue consideration of adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Neighborhood Residential 3 (NR-3) zoning district classification and use designation to a Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation on tracts 256, 257, 258, 260 and 261 of the E. Puchalski survey, with an overlay district on those same tracts, plus tract 263, containing additional restrictions as noted; the area for the zoning change encompasses approximately 4.678 acres of land located at the northeast corner of North Bonnie Brae Street and West Oak Street, in the City of Denton, Denton County, Texas (Z09-0013) The Planning and Zoning City of Denton City Council Agenda October 5, 2010 Page 7 Commission recommended approval of the rezoning of six (6) of the seven lots from Neighborhood Residential 3 (NR-4) to Neighborhood Residential Mixed Use (NRMU) subject to overlay conditions (5-1). C. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: a. Bob Clifton regarding a Fry Street and Bonnie Brae update. b. Ashley Oates regarding a smoke free ordinance. C. Donna Woodfork regarding lack of customer service from the City Council. D. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. E. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. F. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. CERTIFICATE I certif-,- 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 , 2010 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 SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. AGENDA INFORMATION SHEET AGENDA DATE: October 5, 2010 DEPARTMENT: City Manager's Office CMM: George Campbell SUBJECT Receive a report; hold a discussion and give staff direction regarding the operation of the public access channel beginning January 1, 2011. BACKGROUND Due to the passage of Chapter 66 in the Public Utility Regulatory Act in September of 2005 (better known as Senate Bill 5), upon expiration of existing local franchise agreements, cable operators in the State of Texas will be required to obtain franchise certificates from the Public Utility Commission rather than renewing agreements with local municipalities. When the local franchise agreement with Charter Communications expires on January 1, 2011, Charter will obtain the appropriate State franchise certificate, and no longer be required to operate the City's public access channel. Charter Communications currently operates the City's public access channel in its entirety. Those terms were negotiated as part of our local franchise agreement. The public access channel currently operates 24/7 on two cable systems (Charter Channel 25 and Verizon Channel 39) throughout the city. The public access channel is home to many community productions including several churches. Some of the programs are produced in Charter's production studio provided by Charter as part of the franchise agreement. Public, Education, and Government (PEG) channels are not mandated by federal law; rather they are a right given to the franchising authority. The decision whether to require the cable operator to carry (PEG) channels is up to the local franchising authority. If the franchise authority does require (PEG) channels, that requirement will be set out in the franchise agreement between the franchising authority and the cable operator. The current (PEG) channels serving Denton citizens are: City of Denton (DTV), UNT, TWU, Denton ISD, and Public Access. Four of these channels (DTV, UNT, TWU and Public Access) were "on-the-air" in September of 2005, when Senate Bill 5 was passed and are grandfathered into any State franchise agreements. The Denton ISD's channel was not and may face some challenges going forward. I FILE INFORMATION In 1988, the local franchise agreement (ordinance 88-189) states that Sammons (Charter) "will set aside channels for public, education and government use." The agreement also states that cable provider will "maintain a local programming studio and provide equipment and staffing for public access." Ordinance (95-191) states that "on request of the City, Marcus (Charter) will collect from subscribers and pay to the City a monthly amount of no more than fifty cents ($0.50) for each subscriber within the City limits". Due to the conversion from a local franchise to a State franchise at the end of the year, the City has the election of changing the subscriber fee to as much as 1% of the gross revenues of the cable provider. (Staff will be back in front of Council seeking direction prior to 2011.) In 2004, ordinance (04-181) Charter and the City agree it may be desirable for the City to acquire additional production equipment allowing for the City to begin collecting the fee. So, in January 2005, Charter began collecting the PEG subscriber fee from its customers. Denton's PEG Fee is $0.50 per subscriber, per month. With the adoption of Senate Bill 5, effective September 1, 2005, a city no longer has the authority to grant new local cable franchises. Both Verizon (launched in 2006) and Grande (DTV connected in 2008) are state franchises governed exclusively by the Public Utility Commission. As of December 2008, all three cable providers (Charter, Verizon and Grande) collect the PEG subscriber fee each month. Allowable capital expenditures for DTV have been made using PEG fees. Since January of 2005, thru September of 2009, ($538,391) has been collected and ($332,446.71) has been spent. The largest expenditure since the PEG subscriber fee inception in 2005 was for major technical renovations at City Hall. The passage of ordinance 09-142 amended the fiscal year 2008-09 budget to allow for an adjustment to the PEG fund of ($171,929.97) for costs associated with this project. The DTV control room was primarily based on an analog platform more than 13 years old. This renovation included a complete digital transformation that included audio and video upgrades in both the Council work session room and the City Council Chambers. The City of Denton is one of six cities in the state of Texas with a public access channel. Many cities never requested a channel upon execution of their franchise. Other cities did have public access channels, but due to lack of interest, lack of funding or both have since let them go "dark". The City has three options (see Exhibit A, informal staff report 10-043) going forward: turn the channel off, run the channel ourselves at a cost to the general fund, or enter into an agreement with a qualified third party to operate it. 2 After surveying other cities, staff believed there would not be any interested third parties to operate the City's public access channel effective January 1, 2011. Operational costs alone have consumed and helped lead to the failure of many of these channels across the state. If the channel was to continue, staff believed the City would have to operate it. In March, through the budget process, staff requested a part-time position in the 2010-11 budget to program and operate Denton's public access channel. Once Texas Filmmakers showed interest in May, staff opened dialogue with some of the City's qualified PEG partners including The Mayborn School of Journalism. Ultimately, the City received proposals from both parties that met the baseline in technical specifications. In August, the City hired former cable television executive, Mike Mulcahy (see Exhibit B) who has professional cable expertise in marketing and sales. For many years, as a regional vice president and director with Time Warner, Cox Communications and Comcast, Mulcahy oversaw PEG channels which included franchise and regulatory compliance in more than 30 markets. Mulcahy's comprehensive analysis on both proposals (see Exhibit C) is attached. Staff and consultant conducted meetings with citizen stakeholders that helped generate the City's criteria (Exhibit D) by which to measure each proposal. Staff and consultant had face-to-face meetings with both proposers. Attached (Exhibit E) is the Texas Filmmakers' proposal and The Mayborn School's proposal (Exhibit F). Also, City staff evaluated both proposals based on the criteria using the staff proposal evaluation sheet (Exhibit G). Stakeholder concerns included access to facilities and parking. Staff concluded it was challenging to assess the parking availability for the proposal provided by Texas Filmmakers due to no existing building or pending lease. However, the Mayborn School provides an ADA compliant building with 15 visitor parking spaces including 3 designated handicapped, which are approximately 60 yards from the building. OPTIONS 1. Allow the public access channel go "dark" and cease operations at the end of the current local franchise agreement on January 1, 2011. Once the City vacates a Public, Education, and Government (PEG) channel, cable operators would no longer be required to provide a public access channel at a later date. There would be no additional funds or staff needed. 2. The City assumes the responsibility for the public access channel. This option would not include building a studio or producing any programs for the public. This option would be an automated playback channel only. Public, Education, and Government (PEG) funds would be used for all of the equipment and capital costs associated with this automated 3 public access channel. This option would have a cost to the general fund of $19,439 that was not included in the 2010-2011 budget. 3. The Texas Filmmakers proposal is an 11-year contract at a cost in PEG fees totaling $1.4 million. This proposal includes the building or purchase of a media center to house a studio, production facilities, and the Texas Filmmakers corporate offices. To use the public access channel, citizens would be required to join Texas Filmmakers and pay a $200 annual fee. This proposal averages $127,272 in PEG fund expenditures annually which is 92% of our PEG revenue average over the last two fiscal years. 4. The Mayborn School of Journalism proposal is an interlocal agreement at a cost in PEG fees not to exceed $75 thousand in year one, and estimated not to exceed $175 thousand over 10 years. The operations of the channel would be located in the General Academic Building on the UNT campus. The Mayborn School has received initial approval that community producers may be able to use the Denton ISD's studio located at the Advanced Technology Center. This proposal averages $17,500 in PEG fund expenditures annually which is 12.6% of our PEG revenue average over the last two fiscal years. RECOMMENDATION The recommendation of the City's consultant, Mike Mulcahy, is that the City negotiate a contract with the University of North Texas. Mr. Mulcahy's full recommendation is included in his Public Access Consultation, (Exhibit C) page twenty-five. Staff concurs with this recommendation. FISCAL INFORMATION The project will be funded from account 212002.6506 (PEG Equipment). All of the capital improvements will be made with funds collected from the Public, Education, and Government (PEG) fees. No other City funds will be needed. Pursuant to City of Denton Ordinance 95-191 and pursuant to section 66.009 of the Texas Utility Code, all cable providers within the Denton city limits are required to collect a Public, Education, and Government (PEG) fee from every cable subscriber. Our PEG fee is $0.50 per subscriber, per month and remitted to the City on a quarterly basis. The FCC restricts the use of this PEG fee, allowing the funds only to be used to acquire additional PEG production equipment, capital, and other lawful PEG purposes. EXHIBITS Exhibit A: Informal Staff Report 10-043 Exhibit B: Mike Mulcahy Resume Exhibit C: Mike Mulcahy Public Access Consultation Exhibit D: City Criteria Exhibit E: Texas Filmmakers' Proposal Exhibit F: Mayborn School of Journalism Proposal Exhibit G: Staff Proposal Evaluation Sheet Exhibit H: City Staff Timeline Exhibit L Staff PowerPoint Presentation Respectfully submitted: Betty Williams Director of Administrative Services Prepared by: Billy Matthews Cable Television Supervisor s Date: 6/4/2010 Report No. 10-043 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Public Access Channel and Charter Franchise Agreement (see attached memo to City Manager). BACKGROUND: The local franchise agreement between the City and Charter Communications expires on December 31, 2010. DISCUSSION: Since Charter will no longer be contractually obligated to operate the public access channel for the City; we have several options relating to the future of public access television in Denton. CONCLUSION: Staff is recommending option 3 as a continuation of our partnership with the Mayborn School of Journalism at UNT. We are currently working through the details of an agreement that would allow the Mayborn School to operate the Denton public access channel, effective January 1, 2011. We will use PEG funds for capital expenditures including equipment, and the Mayborn School will handle the operations. The Mayborn School will be able to playback any programs delivered by citizens, but initially have limited capabilities in regards to producing programs. While this option is a departure from the current public access model, no City general fund money will be needed, and the channel will be preserved. City staff will work closely with UNT on the details of the operation including citizen guidelines for programs. ATTACHMENT: Memo to City Manager STAFF CONTACT: Billy Matthews, 940-349-7272, billy.matthews2cityofdenton.com r -Denton Television 215 E McKinney, Denton, Texas 76201 (940) 349-7272 To: George C. Campbell, City Manager From: Billy Matthews, Cable Television Supervisor RE: Public Access - Charter Franchise Agreement Date: May 27, 2010 Due to the passage of Chapter 66 in the Public Utility Regulatory Act in September of 2005 (better known as Senate Bill 5), upon expiration of existing local franchise agreements, cable operators in the State of Texas will be required to obtain franchise certificates from the Public Utility Commission rather than renewing agreements with local municipalities. As required by the legislation passed in 2005, when the local franchise agreement with Charter Communications expires on January 1, 2011, Charter will obtain the appropriate State franchise certificate. In the City's discussions with Charter regarding their transfer to a State franchise, an issue has arisen relating to the operation of the City's public access channel. Under the new State franchise agreement Charter will no longer be required to negotiate a local agreement and plans to discontinue operating the public access channel. Public, Education, and Government (PEG) channels are not mandated by federal law; rather they are a right given to the franchising authority. The decision whether to require the cable operator to carry (PEG) channels is up to the local franchising authority. If the franchise authority does require (PEG) channels, that requirement will be set out in the franchise agreement between the franchising authority and the cable operator. The current (PEG) channels serving Denton citizens: City of Denton (DTV), UNT, TWU, Denton ISD, and Public Access. While four of these channels (DTV, UNT, TWU and Public Access) were "on-the-air" in September of 2005, when Senate Bill 5 was passed, and are grandfathered into any State franchise agreements. The Denton ISD's channel was not, and faces some challenges going forward. Charter Communications currently operates the City's public access channel in its entirety. Those terms were negotiated as part of our local franchise agreement. The public access channel currently operates 24/7 on two cable systems (Charter Channel 25, and Verizon Channel 39) throughout the city. The public access channel is home to ADA/EOE/ADEA www,cityofdenton.com (TDD 800-735-2989) Public Access - Charter Contract Page 2 of 2 many community productions including several churches. Some of the programs are produced in Charter's production studio provided by Charter as part of the franchise agreement. Since Charter will no longer be contractually obligated to operate the public access channel for the City, we have several options relating to the future of public access television in Denton which include: 1. Allow the public access channel go "dark" and cease operations at the end of the current local franchise agreement on January 1, 2011. Once the City vacates a Public, Education, and Government (PEG) channel, cable operators would no longer be required to provide a public access channel at a later date. There would be no additional funds or staff needed. 2. The City assumes the responsibility for the public access channel. This option would not include building a studio or producing any programs for the public. This option would be an automated playback channel only. Public, Education, and Government (PEG) funds * would be used for all of the equipment and capital costs associated with this automated public access channel. Thai the current budget process, we are requesting a regular half-time employee to program, operate, and be responsible for this additional channel. The fiscal impact to the 2010-11 Cable TV budget would be an additional $19,439 should City Council approve the transfer of the channel in the fall of 2010. 3. Enter into an agreement with a third party (public or private) to operate the City's public access channel. While the City can assist with the procurement of capital and equipment associated with the PEG channel, this option would not include additional (budget) funds or staff. *NOTE: Pursuant to City of Denton Ordinance 95-191 and pursuant to section 66.009 of the Texas Utility Code, all cable providers within the Denton city limits are required to collect a Public, Education, and Government (PEG) fee from every cable subscriber. Our PEG fee is $0.50 per subscriber, per month and remitted to the City on a quarterly basis. The FCC restricts the use of this PEG fee, allowing the funds only to be used to acquire additional PEG production equipment, capital, and other lawful PEG purposes. Please feel free to contact me at (940) 349-7272 if I can provide any further information or answer any questions you may have. Cc: Betty Williams, Kiersten Dieterle, David McElroy ADA/EOE/ADEA www,cityofdenton.com (TDD 800-735-2989) Michael Mulcahy 1804 Stone Crest Drive, Flower Mound, Texas 75028 469-744-8144 / mmulc@hotmail.com Vice President of Sales SUMMARY OF QUALIFICATIONS A confident, creative and proven professional with strong sales, marketing, client relations, and financial and operations expertise in diverse industries. Known as an enthusiastic and strong leader and high energy self-starter able to build, develop, and empower exceptional teams to overcome barriers and achieve continued market penetration and growth. Proactive in setting goals and working aggressively to achieve them through initiative, organization, communication skills and teamwork. Demonstrated areas of expertise include: • Sales / Account Management • Business Development • Product Development •Franchise negotiation and relations • • Strategic Planning • Customer Service • Communication • Presentation Skills • Project Management • Negotiations • Team Building • Personnel Management • Training & Development • Coaching / Mentoring • Interpersonal Skills • Budgeting Management • Financial Analysis / Planning • Capital Planning • Cash Flow Forecasting • Financial Statements • Analytical Skills • Organizational Skills • Observation Skills • Policy & Procedures • Goal Setting PROFESSIONAL EXPERIENCE Time Warner Cable-Southwest Division -.Vice President ofMarketinz/Sales 2006-2009 • Achieved 2006 Revenue Budget 17.3% growth and 2006 OCF growth of 29.6%. • Achieved 2007 Revenue Budget 11.8% growth and 2007 OCF growth of 16.7%. • Led Time Warner 2007 in Road Runner year over year growth. • Achieved highest phone ARPU in the company. • Held P&L responsibility. • Handled major reorganization of a Fortune 500 marketing division with 49 locations, 190 marketing and sales employees and an annual expense budget of $34M. Centralized 7 groups down to 1 in a 90 day period. Eliminated all redundant functions, realized great efficiencies, increased effectiveness and created $3.4M in budget savings while achieving 21% revenue growth. This consolidation became a model for the corporation. Cox Communications-West Texas Region - Vice President ofMarketing/Sales 2000-2006 • Managed regional Marketing, Sales, Public Relations, Franchise and Regulatory Compliance. • Led consolidation of purchase of TCA Communications integrating 32 additional franchises including franchise negotiations and 160,000 new subscribers to form the West Texas Region. • Hired and developed new regional staff including accountabilities and job descriptions. • Led rebuild and upgrade of all acquisition systems to allow for launching additional channels, digital cable, high speed Internet and business services; including migrating multiple systems from HITS to, local control, channel realignments, pricing and packaging migrations and analog and digital tier melts. Launched Telephone in 12 markets. • Achieved digital penetration in major systems of 38% to basic and high speed Internet penetrations of 10% to basic over a 2 year period. - • Achieved 16% average year over year revenue growth for the last 3 years of tenure. • Introduced "Rational Pricing" concept to adjust prices to a uniform level that increased revenue and OCF an additional 4% above budget, as well as created economies of scale savings and achieved Call Center efficiencies. • Led effective competitive campaign against "over builders" in 4 markets. Launched "Win Back" program that achieved a net decrease in satellite penetrations in rebuild markets. • Developed Hispanic marketing plan and created "Digital Basic Espanol" producing additional subscribers and revenue. Michael Mulcahy Resume Page two Comcast - Director of Marketing 1999-2000 • Responsible for Marketing, Sales, Programming and leadership. • Successfully launched digital cable while gaining substantial local press coverage and attaining a 5,000+ wait list prior to product launch. Achieved 14.5% digital penetration to basic in first 6 months of product launch. • Successful in channel realignment. • Launched first successful dish "win back" program in the company that was used as a company wide best practice. • Successfully launched high speed Internet with major free press coverage. • Negotiated with multiple electronics and home theater dealers to sell digital cable along side or as an alternative to satellite. • Successfully led transmission consent efforts. • Led an extensive and successful public relations campaign using scientific results when a Broadcast Television affiliate with ABC and NBC stations in 2 markets refused to allow transmission of their programming to 180,000 cable customers. The affiliate was demanding a payment in excess of $2M per year. The dispute lasted 10 months and made national news because payment for free broadcast signals would have set a national precedent with billions of dollars in additional expense per year for all cable operators. Negotiated a settlement that did not include payment of any fees. Customer loss was less than 3% while achieving 11% revenue growth during the dispute. Marriott-Azars Hotel and Restaurant Company - General Manager 1997-1999 • Held responsibility for a full service business class hotel, restaurant, and night club. • Improved 1998 revenues by 12% and operating cash flow by 9.5%. • Completed major renovation acting as general contractor, saving $2M+. • Improved average daily rate 8.5% and occupancy 3.8%. • Received Marriott worldwide employee satisfaction award winner for 1998. • Managed 26 directors / managers and 210 employees. • Improved guest satisfaction rating by 18%. Holiday Inn Convention Center-Azars Hotel and Restaurant Company - General Manager 1994-1997 • Held P&L responsibility for full service hotel, convention center, specialty restaurant and night club. • Achieved $1.8M operating cash flow improvement in 2 years. • Completed major renovations acting as general contractor. • Negotiated major renovations to city owned convention center. • Negotiated multiple union contracts gaining major concessions. • Improved guest satisfaction ratings by 23%. • Developed and launched specialty theme restaurant. • Managed 20 directors / managers and 155 employees. Marriott-Azars Hotel and Restaurant Company -Director of Marketing and Sales 1993 • Responsible for driving revenue, budget development and attainment, and marketing plan development and implementation. Overcame major revenue shortfall upon arrival to achieve 1993 year and budgeted revenue. • Improved average daily rate by 9% and occupancy by 4%. • Implemented marketing programs achieving 20% revenue increases in the restaurant and night club. • Marketed 3 additional theme restaurants. • Promoted to General Manager of another managed property. Ramada Hotel - Director of Sales & Marketing 1992-1992 Days Inn - General Manager 1989-1992 EDUCATION Dakota County Technical College - Vocational Degree. Business Management with GPA of 4.0 City of Denton, Texas Public Access Consultation Prepared by: Michael Mulcahy Date: 1565 W. Main St., Ste. 208-265 Lewisville, Texas 75067 469-744-8144 rr mulc otmail.com Page 1 of 53 Table of Contents Summary of Qualifications 3 Scope of Work 4 Plan of Actions 5 City of Denton Public Access Channel-From stakeholder meetings 6 Public Access Channel Criteria 9 Legal Opinions 10 City Operated Channel 11 The Mayborn School of Journalism Proposal Summary 12 Mayborn School of Journalism Public Access Channel proposal questions 15 Findings 19 Conclusions 23 Recommendation 25 Texas Film Makers Denton Open Media Proposal Summary 26 Denton Open Media Questions 29 Findings 44 Conclusion 52 Representations 53 Page 2 of 53 Summary of Qualifications Having been asked to give an impartial opinion on the current proposals to operate the Public Access Channel I have summarized my experience and qualifications below. I am currently the Managing General Partner of Turn-Key Creative Solutions, LLC. Turn-Key Creative Solutions is a Lewisville, Texas based company that provides Marketing and Business solutions to small, medium and fortune 500 clients. The Company has been in Business for 18 months. The company currently specializes in providing its services to Cable and Telecommunications Companies. Our services include: Purchasing Operations, Print Materials, Television Commercials, Radio Spots, Business Plans, Direct Mail, Consulting, Creative Services, Campaign Management My experience with public access and Cable Franchise issues is extensive as my previous positions include: • Vice President of Marketing and Sales - Time Warner Cable-Southwest Division - 2.5 years • Vice President of Marketing and Sales -Cox Communications-West Texas Region - 6.5 years • Comcast-Director of Marketing - 2 years In all of the positions, programming, channel additions, subtractions and negotiations were a primary responsibility. I have extensive experience and knowledge of PEG channel utilization by over 50 communities (franchise authorities) and experience with negotiating for Public Access when none was required by franchise. I have been involved in numerous Public Access issues in my career as well as seen many different solutions to Public Access in the communities we served. I have extensive experience with current technologies and solutions to programming including "convergence" as they relate to delivery of television signals and web based companion solutions. During my career I have been directly responsible for a production studio including staff, capital equipment requirements, budgeting and operations. I am a resident of Flower Mound, Texas. I have no business or other relationships with the City of Denton, Texas Filmmakers, The University of North Texas or any other entity or individuals involved in the public access decision that is before the City of Denton known to me at the time of this consultation. Page 3 of 53 Scope of Work To review and analyze two proposals to continue the operation of the Public Access Channel with the end result making a recommendation to the City Manager and staff. The proposals were received from Texas Film Makers a 501 (c) 3 non-profit corporation and the Mayborn School of Journalism at the University of North Texas. Background The current local franchise agreement between Charter Communications and The City of Denton expires on December 31, 2010. Charter currently operates the public access channel as part of this agreement. On January 1, 2011 in order to continue to offer public access to the citizens of Denton the City is considering three options: • Operate the Public Access channel as a City function. • Accept a third party proposal to operate the channel. • Allow the channel to cease operations altogether. In this opinion, I will address option one as it relates to meeting acceptable public access criteria and present my findings and recommendations on 2 third party proposals to operate the channel. Page 4 of 53 Plan of Actions The following process was developed with the participation of City staff to measure the proposals and options. Item Date Completed 1. Initial meeting with city staff/consultant 9/01 yes 2. Informal "stakeholder" meetings 9/2 and 9/3 Yes 3. Input from stakeholder meetings collected/summarized 9/4 Yes 4. Criteria developed for access channel proposal 9/7 Yes measurement 5. Questions developed for meetings with Texas Film and 9/7 Yes Mayborn school about their proposals 6. Meeting with Texas Filmmakers 9/8 Yes 7. Meeting with Mayborn School 9/9 Yes 8. Summary of each meeting including questions, answers and 9/10 Yes pending items/requests 9. Follow up contact (preferably by email) to stakeholders 9/13 10. Pending question answers/items due back from 9/10 Yes Mayborn School/Texas Filmmakers 11. Initial draft of staff recommendation and consulting 9/23 Yes Recommendation draft complete 12. Working meeting to review staff recommendation and 9/23 Yes Consultant recommendation documents 13. Final staff recommendation and consultant 9/24 recommendations due 14. Preparation meeting for city council working session 9/28 including Presentation review staff/consultant 15. Final review and preparation meeting for City Council work 10/4 Session 16. City council work session 10/5 Page 5 of 53 City of Denton Public Access Channel-From stakeholder meetings Meetings were held at Denton City hall on Wednesday, September 1, 2010 and Thursday, September 2, 2010. The purpose of the meetings was to discuss the Denton public access channel and the needs and suggested changes to the channel with the citizens/organizations that produce and air shows on the access channel. The discussion's intent was to help the City staff gain a clearer understanding of issues and concerns with operating the channel going forward. The input will be used to help the city staff in creating the criteria to measure the options/proposals being considered and make a recommendation to council on a course of action. Attendees: Ginnie McAdams Dr. John Eddy Gwynn Jump Teresa Westbrook Dale Branum City Staff present: Betty Williams- Director Administrative Services Billy Mathews- Cable TV Supervisor Kiersten Dieterle- Public Information Manager Michael Mulcahy- Consultant Donna Woodfork - Declined to participate Page 6 of 53 Areas of concern: Access Parking It was voiced by several attendees that convenient parking near the facilities including loading and unloading of equipment was a concern. Hours of operation Attendees voiced the need for flexible scheduling of access to the facilities for taping, editing, training and set up. Staff and staff availability Along with flexible hours of operation, availability of staff on an extended hour's basis to provide not only access but also technical support was important to most attendees. Scheduling of programming Currently, religious programming is scheduled for Wednesdays and Sundays. It was suggested that other days be made available. Equipment Concern and ideas were voiced regarding equipment availability during the times the facilities are available. A list of currently available equipment at the facilities as well as other equipment that will be proposed should be developed (most likely from PEG funds). Wish list items were discussed including a teleprompter. It was also the request of several attendees that equipment be available for use. Facilities Input was received suggesting that the facilities include adequate studios. Several suggested room for a live audience to allow for live shows. It was also suggested that the facilities be located in a convenient geographical area of the city. Traffic in and around the facility was also a concern. Page 7 of 53 Staffing Staffing levels and availability suggestions were to have staff on during all operating hours. One attendee suggested 24 hours a day 7 days per week. Further, staff should be available to provide all necessary functions including live switch over of remote location programming like the Wednesday and Sunday Methodist church service. Training The desire for training for equipment operation and editing were voiced by several attendees. Control of the channel Strong concern was voiced over control of content and decision making. One attendee voiced that a citizens committee/board have voting and approval authority over the channel operation. Channel identity Concerns were voiced that the channel if outside city control would lose its identity as the public access channel and be more identified with the 3rd party operating the channel. Financial stability Most attendees expressed concern that whatever solution was chosen that financial and long term stability of the channel was very important. Enhancements • Live audience capability • Website • 24 hour programming and/or a character generator capable of imbedded video • Additional equipment Citizens' oversight board/committee Some attendees strongly felt there should be a governing board with voting power on the channels operation. The board should also include stakeholders who actually run programs on the channel. Review process It was a strong consensus that whatever agreement is entered into has review periods and out clauses. Page 8 of 53 Public Access Channel Criteria Purpose: Continuation of Denton's public access channel allowing citizens' voices and content to be heard and seen and fostering an environment that is a First Amendment public forum where no entity can exercise editorial control provided FCC guidelines are met. Legal Considerations: • First Amendment issues • Franchise fee exposure • Minimize City liability • Legal use of PEG fees Economic Considerations: • Impact on City's budget • Impact on PEG fund • Process for review of operations and fund expenditures • Operational viability Facility: • Studio space • Editing space • Training space Accessibility: • ADA requirements • Affordable for all citizens • Parking • Video production assistance provided Processes: • Stakeholder involvement • Operational procedures • Technical specifications Page 9 of 53 Legal Opinions There are not any legal opinions or representations in this consulting report other than to defer all legal opinions to the City Attorneys findings and legal opinion on the public access decision to be made by The City of Denton. It is further stated that the consultant is not qualified to make legal opinions. Page 10 of 53 City Operated Channel The City can purchase playback equipment using PEG funds and offer a drop off and play back service for public access. This would be similar to many solutions used across the state as well as the country. The playback service would meet the minimum test for providing public access. It would require minimal technical abilities to operate and no additional facilities. It may require additional staffing to operate the service. This option would not include access to studio's or equipment for show producers and would be significantly scaled back from the current services provided by Charter Communication. The purpose of including this example of a City operated channel is intended to be used as an example and baseline of minimum requirements to provide public access for measuring the other options before the city. Page 11 of 53 The Mayborn School of Journalism Proposal Summary Overview This plan proposes a partnership between the city of Denton and the Frank W. and Sue Mayborn School of Journalism at the University of North Texas to operate the Denton Public Access TV Channel (Denton Access).This partnership provides a cable television channel on which Denton citizens and students, or classes affiliated with the Mayborn School of Journalism can cablecast their productions of recorded programming. This access will be provided at no additional cost to the City or citizens of Denton. The proposal benefits the citizens of Denton • Enables access to diverse opinions and topics • Provides availability to regularly scheduled local newscasts for and about Denton and its residents • Access to coverage of local sports • Use of state-of-the-art studio and facilities • Availability of experts in production, lighting, staging, video shooting and editing • Access to students to assist in the production The proposal benefits the City of Denton • Minimizes costs to the City by using existing UNT facilities and staff • Provides an outlet for community programming that represents the needs and interests of the Denton community • Utilizes the stable and sustainable operation by an established 65-year-old program at UNT The proposal benefits the Mayborn School of Journalism • Allows expansion of curriculum for cross-platform education such as news and PSA's • Allows for hands-on experience for students in different formats such as talk shows and sports programs • Allows students to experience both citizen and community journalism • Reinforces and encourages First Amendment rights through open discussions and programming Page 12 of 53 Proposed Staffing In this proposal Denton Access will be operated by the existing faculty and staff of the Mayborn School of Journalism. It will be overseen by the Mayborn Dean and the Chair of News. Staffing includes the Media Technology Manager, Mayborn faculty and staff with students assisting in production. NOTE: This proposes no additional cost to the city for staffing Proposed advisory board An advisory board will be established and composed of interested citizens reflecting the diversity of Denton. This board will meet, on a regular schedule, with operators to discuss the opportunities for programming, workshops and education. Proposed Technical resources Playback equipment - Under this proposal the playback equipment for Denton Access will be housed in the General Academic Building (GAB) on the UNT campus Studio - Citizens may produce programs in studios in the GAB. One studio is currently available and a larger one, under renovation, is scheduled to be ready in early 2011. The current scheduling process will be used to access the facilities. Technical - There will be a control room, audio booth and editing suite adjacent to the larger studio. NOTE: This proposes no additional cost to the City for renovation. Proposed funding Expenses: • PEG funds will be used for all capital expenses related to the launch of this channel and ongoing maintenance and repair of the equipment provided by the City • Mayborn will provide staffing with current faculty, staff and students NOTE: This proposes no additional cost to the City for staffing. Fees: There are no fees planned for citizen producers at this time. Page 13 of 53 Operation guidelines: The operator will create guidelines for operations and content which will reflect community standards. Parking and Access: Citizens dropping off programming may park in a loading zone adjacent to the GAB which accommodates 15 visitor spaces including 3 designated handicapped. These spaces are approximately 60 paces from the GAB. The GAB is equipped with a handicap accessible elevator. Other information: • All of the programming on Denton Access, whether produced by citizens or students, should be of interest to the larger community. • None of the public access channel will be used exclusively for UNT journalism students. • The studio and technical facilities will be shared by citizens and students. Facilities can be reserved to ensure appropriate staffing is available. • Mayborn plans to offer free or low cost production training in camera use, editing and social media. Page 14 of 53 Mayborn School of Journalism Public Access Channel proposal questions Meeting date September 9, 2010 Staffing How many staff members and students will be involved in the day to day operations of the access channel? Under our plan, the staffing will evolve as the need for services changes. Initially, there will be three people involved in the daily operations. One staff member will be the point person during weekdays. That will be Chuck Weatherall, the Mayborn's Media Technology Manager. Before coming to UNT, Chuck worked as a producer/director for six years at Denton Public Access. He's very experienced at how the Denton Public Access system works. Among other things, Chuck will conduct a daily check of the automated system to make sure it's operating properly and to trouble-shoot if needed. Chuck will train a staff of students, including graduate students, who will take on a variety of roles on a daily rotation including checking that video content is up-to-date; removing outdated materials from the playback files; ingesting new material into the system; updating materials that are playing; checking and responding to voicemail and email or directing it to the appropriate person; checking, updating and scheduling studio shoots. At least one other staff person will be available on a daily basis to oversee and assist in scheduling, budget and general operations. At last one faculty member will be available on a daily basis to oversee general operations. Depending on needs, several additional staff and faculty will be available. During studio shoots, additional staff and students will be involved. The exact numbers will be based on the production needs. Students will be available to help producers carry in props and prepare for the program taping. Staffing for any weekend productions will occur on an as-needed basis. We have received initial approval that community producers may be able to use the Denton ISD's studio for productions. Staffing and scheduling would be up to the DISD. We've also opened discussions about the possible use of the large studio in Chilton Hall at UNT. Page 15 of 53 We will reevaluate staffing on an ongoing basis. Advisory board The advisory board will be made up of citizens. Will that include show producers? What other advisory board members will be considered? How many board members? Will the advisory board's responsibility include any governance and decision making authority? Can you provide any additional detail on the advisory board's role? Our advisory board will be comprised of up to, but not more than, 8 members, with the goal of representing the diversity of Denton. They will be selected to serve a one year term. At the end of that term, new advisory board members will be invited to serve. Outgoing advisory board members may reapply to be considered for an additional term. Among those who will be considered to serve as advisory board members will be people who produce programming for the channel. The advisory board will meet quarterly, at which time the channel operators and advisory board members will discuss topics such as opportunities for programming, workshops, education, programming topics and suggestions for improving operation of the channel. The advisory board will serve in an advisory capacity only, and will not have a role in governance nor decision-making. Technical resources Playback equipment appears to be the only PEG funded equipment in the plan. Do you anticipate any other equipment to be purchased with PEG funds? What equipment if any will be available for use for producers if? If equipment is not made available for use, will staff be available to operate the equipment? What hours will the studios be available? Can studio hours include evenings and weekends? At the time of startup, PEG funds will be used to purchase the automated playback system, a switcher and console, two studio cameras, a teleprompter and possibly other ancillary equipment, plus a fiber line for transmission of the signal. The PEG funds needed for the startup are estimated at up to $75,000. Additional purchase of equipment may be requested from PEG funds at a later date to keep up with changing technology and as equipment breaks or wears out. Producers may schedule studio time, at which time the operator's staff, students and faculty will operate the equipment for taping of the in-studio programs. At this time, no equipment will be available for producers to check out, although we may consider that in the future as PEG funds become available for field cameras or as the use of depreciated student-funded equipment is legally allowed. Page 16 of 53 Studio hours will be scheduled during weekdays with the intent of balancing the needs of the community and schedule of classes and student production crews. Studio hours will be set up in January and revised as needed. We will consider limited weekend and evening studio hours. Operational Guidelines Can you describe the role of the Advisory committee in setting operational guidelines, policies and procedures? As mentioned above, the advisory board will serve in an advisory capacity only, and will not have a role in governance nor in decision-making. We will listen carefully to ideas, suggestion and input about guidelines, policies and procedures and will implement changes that we believe best serve all constituencies. Parking and Access Are the visitor spaces adjacent to the facilities adequate to support convenient drop off, pick up and parking for the show producers and other access channel related visitors? We believe the parking for visitors and people with disabilities is adequate. There are 15 visitor spaces including 3 designated handicapped parking spaces, which are approximately 60 paces from the GAB. In that same section of parking, there is a loading zone where producers can park to drop off program content. We have told by university officials that they will work with us to ensure parking is available. When studio shoots are scheduled, students will be available to help producers carry in props and other items for their programs. Ample auxiliary parking is also available approximately 1.5 blocks from the entrance of the building. We are also in discussions about creating a partnership to have sign language interpreters available for the newscasts that we produce. We're told that no other channels in the area provide that service to give access to people with hearing impairments. Page 17 of 53 Programming What will the University do to protect the identity and programming content to ensure the channel is identified as the city public access channel? We will meet with city representatives to select a mutually-agreed upon name for the channel that clearly identifies it as the city public access channel. We will make that identity clear to viewers through the use of logos, graphics and voice announcements. Programs produced by community producers and/or Mayborn students will be clearly identified as such through the use of their show titles, graphics and/or voice announcements. Page 18 of 53 Findings Legal Considerations First Amendment issues Franchise fee exposure Minimize City liability Legal use of PEG fees In reviewing the proposal I defer any opinion of legal issues to the City Attorney as I am not qualified to represent a legal opinion. Economic Considerations Impact on City's budget The proposal covers all operating, staffing and other expenses with no implied cost to the City budget. In my opinion the legal use of PEG funds is imperative (see legal opinions) to ensure franchise fee requirements are met. In the event PEG funds are improperly used a liability may exist to the assumed revenue in the City budget from franchise fees. In my opinion provided legal requirements are met there is little risk to the city's budget. Impact on PEG fund The total 10 year impact is $175,000 with a first year PEG fund expenditure of approximately $75, 000.00 to cover the costs of playback equipment, switcher, console, 2 cameras and a teleprompter. It is my opinion that current PEG fund balances and projected revenue over the ten year period total $1,984,757 at a 2% growth rate is reasonable as provided by The City treasurer. The total assumed available revenue covers the PEG allocations requested in the proposal at very low risk to the fund. Process for review of operations and fund expenditures It is my opinion that adequate provisions do not exist for operational review or PEG fund expenditures in the proposal. This can and should be answered in the contract. My recommendation would be a requirement of equipment purchase review and approval by the City of Denton over the 10 year agreement. It is imperative that review and approval of all PEG fund requested purchases be within the legal guidelines as outlined in the City Attorney's Page 19 of 53 opinion. An annual review of the performance of the public access channel operator with a six month notice of cancellation right should be a requirement. Operational viability In my opinion, the existing Facilities, staff and student availability exceed the minimum required to run public access and are more than adequate to deliver on the proposed level of service and channel requirements proposed. The operational expenses are absorbed by the university. It is my further opinion that the operation of the channel as proposed is viable and sustainable over the term of the proposal. It should be noted as the University is a public entity so I did not question in my findings the University's financial fitness. Facility Studio space The University has one small studio available immediately for public access use and another studio under renovations that will be available during the first year. I have toured the facility and believe the studio space and capability will be exceed what would minimally be necessary. Editing space An editing suite will be made available in the proposal. Training space The University has ample training space including several classrooms. The proposal calls for scheduling use and availability around class schedules. It is my opinion that the editing, training and studio space are more than adequate to meet the criteria. Accessibility ADA requirements The proposal states that the University of North Texas is ADA compliant. Page 20 of 53 Affordable for all citizens The proposal does not include membership fees of any kind to start with but leaves the possibility open for the future. It also includes low cost and free training. In my opinion, as long as a qualified producer (Denton City Resident) can drop off a tape or DVD for play at no charge or membership fee, the proposal meets the affordability criteria. Charges for training, use of equipment, studio, editing space should be considered above the minimum scope required for public access. Parking The parking for visitors and people with disabilities is adequate. There are 15 visitor spaces including 3 designated handicapped parking spaces. There is a loading zone where producers can park to drop off program content. The University indicates they will work with The Mayborn School to ensure additional parking near the facility is available should it be necessary. Students will be available to help producers carry in props and other items for their programs. Auxiliary parking is also available approximately 1.5 blocks from the entrance of the building. I visited the University and specifically used the parking area adjacent to the facility as mentioned in the proposal. My visit was at 11:00 A.M. September 9, 2010. The campus was busy with pedestrians, bicycles and vehicle traffic. The parking spaces as mentioned in the proposal were in heavy use. At no time while observing parking for a ten minute period of time when I arrived and an additional 10 minute period upon my departure at 12:40 P.M. was space not available. The handicapped spaces (3) and the loading zone were available as well. Entrance to the University is controlled. The process included stopping at the control booth and checking in to receive a pass. I was on the list and was given a pass. The process is not unusual for a large University but does create some additional steps and concerns of ease of access. Overall the campus was busy and the process for entry was smooth and convenient parking and loading spaces were available. Video production assistance provided The proposal states that staff and students will be available for production assistance. The proposal also addresses training for production equipment. Page 21 of 53 Processes: Stakeholder involvement Producers are involved by inclusion on an 8 member advisory board. The advisory boards function is non-governing with a purpose of making recommendations on operations, policies and procedure, and programming as well as directional issues. The Mayborn School may, at its discretion, enact recommendations of the advisory board but reserves all decisions to the school. It was a concern of several stakeholders/producers that the advisory board has governance over the channel. In my opinion, the financial and operational responsibility is clearly the burden of the University, and it would be appropriate for governance to be the responsibility of the school. Operational procedures Operational procedures are the responsibility of the Mayborn School. The Advisory Board will make recommendations but all decisions are reserved for the University. My opinion is the University assumes all operational and financial responsibilities, and it should reserve this right. Technical specifications The proposal includes use of play back equipment, editing equipment other items consistent with operational needs. Page 22 of 53 Conclusions In reviewing the Mayborn School of Journalisms proposal to manage the City of Denton's Public Access Channel it is my opinion that the proposal meets most of the criteria developed for consideration of the Public Access decision. It is my opinion that the proposal exceeds the minimum requirement for public access. The proposed use of existing facilities, current staff, students and faculty as well as its ability to absorb all operating costs at little or no risk provides a viable long term solution to the City and its Citizens. It is further my opinion that the proposed programming, technical specifications and level of expertise supported in the proposal exceed what is required for public access and will enhance the Public access channel significantly. Below are some areas of concern: Legal Considerations First Amendment issues Franchise fee exposure Minimize City liability Legal use of PEG fees In reviewing the proposal I defer any opinion of legal issues to the City Attorney as I am not qualified to represent a legal opinion. Process for review of operations and fund expenditures It is my opinion that adequate provisions do not exist for operational review or PEG fund expenditures in the proposal. This can and should be answered in the contract. My recommendation would be a requirement of equipment purchase review and approval by the City of Denton over the 10 year agreement. It is imperative that review and approval of all PEG fund requested purchases be within the legal guidelines as outlined in the City Attorney's opinion. An annual review of the performance of the public access channel operator with a six month notice of cancellation right should be a requirement of any contract. Page 23 of 53 Parking/Campus access Although my findings support that parking is adequate, it is a very busy campus and my time observing the parking areas was limited. I recommend that if possible that the University create passes for producers who regularly visit the facilities to allow them easy access thru the check in points. In stakeholder meetings, this was voiced as a major area of concern. Additional stakeholder concerns Several stakeholders voiced strong concern over giving the public access channel to the University. Most of the concern was that the channel would lose its identity and become in fact another University channel. It is my opinion that in its proposal the University addresses this in a satisfactory manner. The Mayborn Schools verbatim response to this concern is captured below. What will the University do to protect the identity and programming content to ensure the channel is identified as the city public access channel? We will meet with city representatives to select a mutually-agreed upon name for the channel that clearly identifies it as the city public access channel. We will make that identity clear to viewers through the use of logos, graphics and voice announcements. Programs produced by community producers and/or Mayborn students will be clearly identified as such through the use of their show titles, graphics and/or voice announcements. Page 24 of 53 Recommendation I recommend that the City enter into contract negotiations with the University of North Texas to operate the Public Access Channel. It is my opinion that as long as the University can meet the legal requirements and the agreement includes a process for review of PEG funds and operations this proposal is in the best interest of the City of Denton and its Citizens. Page 25 of 53 Texas Film Makers Denton Open Media Proposal Summary Texas Filmmakers' Vision for Public Access Texas Filmmakers proposes new vision to reflect changes in technology, workflow, media access and non-profit resourcing. This proposal includes the re-branding of Denton access to Denton Open Media. The future of public media will enable: For the Producer: • Hosting of content distribution • Anytime upload access for remote authoring of channel • Online submission of broadcast content • Citizen journalism tools such as blog feeds and mobile uploads For the Nonprofit Partner: • Equipment access and shared production, scheduling and curation systems • Hosting content for distribution • Opportunities for staff training and internal media capacities • Access to digital media interns and producers • Advertising opportunities and public service announcements (PSA) For the Audience: • New and local programming content • Online on-demand customizable channels such as local art, education, news, etc. • Social networking with identity creation, ratings, neighborhood groups, recommendations, etc. • Online broadcast guides with community-based rating, monitoring and curation systems • Hyper-local relevance with news and information from community sources, citizen blogs and recommendations • Training tools for media creation and digital media curriculum Page 26 of 53 Transitional facilities The Texas Filmmakers propose signing a lease on a new building in Denton with an additional 600-1,000 square feet to accommodate a studio comparable to what is available now. Potential facilities include: • The old public access studio at University and Bonnie Brae • The basement of the bank building • 116 N. Austin Community Media Center The proposed media center would be roughly 6,000 square feet and could potentially include: • Large studio with as much as 3,000 square feet • Small studio with up to 600 square feet • Editing suites • Editing labs/classrooms • Studio amenities such as dressing rooms, showers, kitchen, etc. • Corporate offices for Texas Filmmakers as well as community and private offices • Small screening venue to accommodate as many as 40 people Community Bulletin Board As part of Phase II, The Texas Filmmakers will implement a bulletin board server with the ability to grant user-level access. This server will have slides with enhanced features such as photos and videos. Potential Programming Once the facility is complete, Denton Open Media will begin producing original programming. Governance and Policies A public access advisory board will be created and consist of community media producers. This board will be non-governing and will meet to discuss policy and procedure recommendations and encourage community involvement. Page 27 of 53 Projections and Timeline-Capital expense Capital Expense Year1 Year2 Year3 Year4 Years Year6 Year7 Year8 Year9 Year 10 Year 11 Totals Equipment $15,000 $250,000 $15,000 $15,000 $15,000 $15,000 $15,000 $15,000 $15,000 $15,000 $15,000 $400,000 Loan Payment $0 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $1,000,000 Totals: $15,000 $350,000 $115,000 $115,000 $115,000 $115,000 $115,000 $115,000 $115,000 $115,000 $115,000 $1,400,000 Existing Resources and Revenue Streams • Thinline Film Festival • Grants • Training/education • Sponsorships/underwriting • Underwriting • Membership fees • Membership Campaigns Page 28 of 53 Denton Open Media Questions A proposed program of Texas Filmmakers Response to Questions "verbatim" from City-Hired Consultant PEG Funds 1. Will PEG funds be used for leasing temporary facilities? No. 2. If PEG funds are used for the Temporary facilities, will the temporary facilities be used for non-public access channel activities? N/A 3. Will PEG funds be used for non City of Denton resident activities? Texas Filmmakers is requesting $11VI in PEG Fund support over ten years for the sole purpose of building a downtown media center. Texas Filmmakers plans to operate out of this building which includes all our programs and services that benefit all people; such as Thin Line Film Fest or any educational activity (i.e. Training). The other $400K in PEG Fund support is requested for equipment which will not leave the facility (i.e. studio cameras, control room, servers, etc.). Under our proposal, only Denton residents will have direct access to this studio equipment and facilities. As we have done for six years, Texas Filmmakers will continue to purchase field equipment and make it available to all our members. It is Texas Filmmakers goal to make our educational services available to all people. It is for this reason that all individuals will be able to both attend training and to volunteer as crew for programming created by Denton residents. (Non-residents may pay a higher fee for training). 4. Will PEG funds granted to you under this proposal be used at the sole discretion of Texas Film Makers and its board of directors? Yes. As I mentioned in the previous response, $11VI will be used to purchase and build a facility and $400K will be used to outfit that building with equipment. Page 29 of 53 5. Will PEG funded capital items i.e. buildings, land, equipment be used as collateral for loans represented in this proposal? The only loan represented in the proposal is the 10-year purchase and construction of the downtown media center. In such a loan, the acquired property and building would be used as collateral on the loan. 6. Have you presented this proposal to any lending institutions or capital loan type organizations? No. In our proposal, the loan would be backed by a ten-year PEG Fund grant to Texas Filmmakers from the City of Denton. 7. Have you received the lenders requirements to obtain the loans? See previous response. Additional Comments: We understand this issue is complex; which is why we feel that the community would be best served by a real dialogue on how we can make this happen. Instead of us presenting an idea and waiting for a "Yes" or "No" we should be negotiating the best way to give the community a media center. If there isn't as much PEG Funds available as we once thought, then let's determine how much is available and then find a way to make it work. We could build it in the industrial area of town and save 50% on land costs! Of course that scenario does nothing for Denton's downtown. With a long-term commitment of PEG Funds to Texas Filmmakers, we are confident that a local financial institution would finance the purchase and construction of a downtown media center. There are so many ways to structure this whole thing. Let's find a way that works. Transitional Facilities 1. Are all 3 of the options listed in your proposal still available? The two downtown options are no longer available. However other options have come up including the old Wine Safari on Oak St. The old Charter facility on Bonnie Brae is still available. 2. Are the facilities available prior to January 1, 2011? Yes Page 30 of 53 3. What date would you need to occupy the space by to assume operation of the channel? We would need 30 days to prepare the new location and seamlessly transition the station. 4. Would you require a distribution of PEG funds prior to January 1, 2011 to secure the lease, complete renovations, or for the purchase and installation of equipment and furnishings? We are requesting up to $15,000 in PEG Funds to purchase equipment necessary to transition the station. The total cost will be determined by whether or not Charter Communications will donate the broadcast server currently in use. Our goal will be to use as few PEG dollars as possible on anything other than acquiring/building/equipping a downtown media center. 5. If a PEG fund distribution is required, how much and what dates would it need to be distributed? See previous response. 6. Are the costs prior to January 1, 2011 represented in your financial projections? Yes. Year 1 is from Sep 1, 2010 - Aug 31, 2011, and so-on. As per the PEG Fund Timeline on page 35 of the proposal, we are requesting $15,000 in year one. In fact, $15,000 is the standard amount requested per year for small purchases and repairs. Permanent Facilities 1. Has a project development cost in today's dollars been developed for the permanent 6,000 sq. ft. Media Center? A high level preliminary cost analysis has been conducted. 2. If so, what were its assumptions? Alex Payne made an initial cost estimate based upon his experience with other downtown developments and on his knowledge of the proposed facility. With debt service, he estimated 5,000 - 6,000 sq ft could be acquired/built for $11VI. After meeting with dozens of equipment vendors and suppliers; I determined that the facility could be outfitted for $250K. Although it would be very easy to spend millions of dollars, we are confident that the new facility can be equipped for $250K. Page 31 of 53 3. Do you have projected costs of purchasing 6,000 square feet of space in a mixed use development project as mentioned in the proposal? See previous response. 4. Are there any mixed-use projects that you are aware of that are proposed or already under way that you have had discussions with? Yes. Alex Payne has identified both potential developments and potential developers. In particular, the Martino Group has expressed interest in a larger mixed-use project downtown. Two potential locations have been identified including one on Hickory St and one on S. Elm St. 5. The proposal does not address what ownership structure in a mixed use development would be contemplated by Texas Film Makers. Is the structure contemplated as Texas Film leading the development and its financial commitments or as a participant? Texas Filmmakers would be a participant. Our proposal assumes that the developer would structure our space as a condo-style purchase. 6. Is Texas Film Makers willing to commit contractually to dates that additional project phases beyond the transitional phase are completed? In addition, contractually bound remedies for not meeting the dates including cancellation of the agreement to operate the Public Access channel and PEG fund support? If so, what dates? In general, we have no problem committing contractually to dates. However, our goal is to acquire/build a downtown media center and that will only be possible with a long-term commitment of PEG Funds. One possibility is to put language into the agreements that gives the City of Denton the ability to take ownership of the loan and take back the station if certain scenarios are ever realized (i.e. default). 7. If Texas Filmmakers does not complete the Media Center, what would the allocated PEG funds be used for? Again, our goal is to acquire/build a downtown community media center. It is not our intent for the public access TV station to be managed out of "transitional" facilities. We want to invest as much of the PEG Fund as possible over the next ten years into the brick-and- mortar of a community facility that will benefit the community for decades. This question cannot be answered because without the acquisition and construction of a community media facility, there is no Denton Open Media. Page 32 of 53 8. Would Texas Filmmakers be willing to contractually change the PEG fund allocation it receives and amend its operating plan if the media center is not realized? See previous response. Additional Comments: In our proposal, the City of Denton would essentially leverage PEG Funds as an economic incentive to drive a new downtown mixed-use development. Although there are other options, we feel this presents the most benefit to all parties. Online Systems 1. Are any PEG funds contemplated in the projections for funding equipment necessary to provide online systems? The servers which will handle the broadcast output will also have built-in functionality that provides an online stream which will be incorporated into our online system. Other than that, all hosting, programming, and additional software will be covered by operating expense. 2. Would that equipment be used for the public access channel or other non-public access channel functions? It will only be used for public access purposes. 3. Is online content screened in accordance with Texas Filmmakers policy prior to availability to the public? Yes, in that it is Texas Filmmakers policy to not review content prior to public availability. As a free speech public forum, Denton Open Media will broadcast virtually anything (in accordance with all federal laws). We do not and will not censure content. Any user of the online portal will be able to flag content for review. This content will then be pulled from the online system and reviewed by administrators. It is the media creator's responsibility to inform us if their content contains any indecent or obscene material. Failure to do so will result in a loss of membership privileges. 4. In the Online Systems, remote authoring of channel - explain and define guidelines. Is this to air? Checks and balances and classification? Denton Open Media will utilize a service called Miro, an open source software which allows anyone to "create and manage" a "channel" of online video content. Users can aggregate video from any internet source, including Denton Open Media archived video. These channels are all online and do not represent a direct correlation with the actual Denton Page 33 of 53 broadcast. We will also implement systems over the first two years that will allow access producers to upload and schedule their show both at the media facility and at home. This is a part of the Open Media Model implemented by Denver Open Media. It reduces the administrative load and shifts more of the work on the public access producer. Community Billboard 1. Will a character generator or similar technology be purchased with PEG fund for a community billboard? Can you describe its capabilities i.e. imbedded video etc.? A new broadcast server will be purchased for the new facility, but (hopefully) not for the transitional facility. Transitional facilities will include exactly what is available now. The new server is from TelVue and includes a billboard service that features all the latest community billboard functionality including audio, video, photo, scrolling, account-level access, remote access, and more. Programming 1. Are costs that may be associated with purchasing programming or copyright fees included in the financial projections? We do not anticipate purchasing programming or paying copyright fees. 2. Will you besetting standard criteria for evaluating programming whether produced locally or elsewhere to evaluate local content relevance? Denton Open Media is a free speech public forum, and as such, any Denton resident can say (have shown on television) anything they want. This may mean that a local resident wants to use the studio to create a talk show; it may mean that a resident wants to see their daughter's wedding which they already have on a DVD; or it may mean that a local resident saw a video that they want to share with the community. Essentially, if a local resident creates it or wants to show it on TV then we are obliged to broadcast it. 3. In programming, programs from other municipalities? Guidelines? Remote authoring? If there is still airtime available and all local requests have been met, Denton Open Media staff will have a variety of options available to them to fill the airtime. One option would be to broadcast freely available content from programming partners such as local film festivals, etc. We have not written any guidelines for this selection process. Denton Open Media staff will be charged with selecting content that appeals to one or more of Denton's many diverse communities. Page 34 of 53 Governance Has a staffing model and hour of operation schedule been developed to cover the facility being available 7 days per week? Concerning the downtown media center, a formal staffing model has not yet been developed. However, when we say that facilities will be available 7 days per week we don't mean fully staffed 7 days per week. The facility will be open six days a week to the public (closed Mondays) from 9AM-9PM. The Executive Director will work 40-50 hours per week, opening the facility each day. The Assistant Director will close the facility. We will manage a number of interns to cover staffing gaps. The University of North Texas Department of Radio, Television, and Film is standing by to work with us on interns. Any public access producer will be able to make special arrangements for special circumstances. Meaning there isn't a time and day that we wouldn't open the facility if it was scheduled accordingly. If one of my producers told me they had a special guest flying in for one day and they had to shoot on Monday then we would make every effort to accommodate their request. In addition, we are designing the facility so that certain members can pay for 24-hour access to the editing suites. CCTV will be used to digitally record all movement in these spaces and a digitally signed access card will be required for after-hours entry. Policies and Procedures Will Texas Film Makers engage producers and other citizens to review and make recommendations on its policies and procedures? As it is currently written in the Denton Open Media proposal on page 12, we will establish a "Public Access Advisory Board made up of community media producers. This board will be non-governing and will meet to discuss policy and procedure recommendations as well as address community concerns and encourage community participation in Denton Open Media." Budget Narrative 1. Has the Executive Director been identified? If so can we get a summary of qualifications? I, Joshua Butler, will be the Executive Director. The Denton Open Media proposal contains a decent bio on page 53. Before my media positions, I was a system administrator for a newsstand in DFW Airport. I managed all their systems including inventory control, reporting, time management, and more. I sold retail point-of-sale software for five years. Page 35 of 53 For six years before that I was the systems administrator for a clothing retail chain in Houston. I am also a filmmaker having produced and shot multiple feature films. 2. Have individuals for the other positions been identified? No 3. Have salary comparisons been completed to be certain budgeted salaries of the positions listed reflect an appropriate amount to attract qualified individuals? No 4. Does FTE'S in the narrative tie to a 7 day per week staffing model? No. FTE represents a 40-50 hour work week. 5. Under taxes and benefits are all employees contract employees? No. All positions but Instructors are employees. Budgets have been adjusted to account for taxes. Other Expenses 1. Advertising expense anticipates $10,000 in funds anticipated from a HOT Fund grant. Has the grant been made? No. Decisions have not yet been made. This was included as an anticipated amount. 2. Can the amount of the grant not be fully realized and a partial amount of the grant be awarded? Yes. Whatever we do receive (if any) will correlate directly with the advertising line item. 3. When is the decision to be made and funds distributed? It was supposed to be July but they pushed it back to August and I haven't yet heard anything. 4. In Other Expenses, advertising money from HOT funds are for Thin Line Film Fest -not public access. Explain? Correct. Thin Line Film Fest is a completely separate program of Texas Filmmakers. We have applied for HOT Funds for four years for the festival. These funds are awarded and are to be used for the sole purpose of advertising the film festival outside the City of Denton. Page 36 of 53 5. Security monitoring and equipment in year one is 0. What is the plan to protect equipment and leased facilities from theft? The year one cost is $0 because we currently do not have an alarm and we didn't anticipate needing one until we moved into a new facility. A basic alarm system with monitoring would cost roughly $360/year, if it is required. The downtown media center will be equipped with secure doors with card access, motion sensors, and digital video monitoring accessible online. 6. Will insurance policies be covering any equipment loss risks? Coverage is currently bound through Ramey & King with Zurich International covering all equipment loss. Inherited Assets 1. The proposal identifies equipment that is currently owned by Charter Communications that will be used to operate the channel at the time of transition to Texas Filmmakers. Has charter agreed to donate the equipment? I have had initial discussions with Charter but have not yet received a commitment. 2. If not, what is the contingency plan to have the appropriate equipment for transition? The $15K request for PEG Fund support in year one. 3. If the equipment is not donated does it increase the PEG funds necessary to start operating the channel on January 1, 2011? Not from what is currently proposed. Fundraising and Revenue Development 1. If granted the operation of the public access channel how much of the projected operating funds for the first year do you currently have available? $0 2. How much of the first year operating funds still needs to be raised? 100% 3. Can you provide a month by month cash flow projection showing cash each month for operations for the first 3 years of the proposal? Page 37 of 53 See attached 4. Can you provide the specific source of the cash inflows and timing as well in the cash flow model? See attached 5. Portions of the funding for operations are to be realized from grants. Can you provide a schedule of the following: a. Grant applied for and the amount granted per year? Texas Filmmakers has applied for a HOT Fund grant for Thin Line program years 2008- 2011 and have not yet been awarded. Texas Filmmakers has applied for a grant from the Greater Denton Arts Council for Thin Line program years 2007-2011. We were awarded $2,600 in 2007, $3,250 in 2008-2010, and our 2011 application was withdrawn because we turned in our 2010 grant report a few days late. Texas Filmmakers has applied for a grant from the Denton Benefit League in 2009 and will soon apply for2010. We have not yet been awarded. b. A list of grants and the amount applied for but yet to be granted? City of Denton HOT Funds - requested $30,000 for Thin Line Film Fest advertising. c. A list of grants yet to be applied for and the amount of the grant? Denton Benefit League (due Sep 30, 2010) - will apply for $20,000 for field equipment purchases. This is equipment which will be made available to all Texas Filmmakers members. Texas Commission on the Arts (due Mar 15, 2011) - will apply for $10,000 in operational support under the Arts Create 5 program. Texas Commission on the Arts (due Mar 15, 2011) - will apply for $5,000 in subgranting funds for the Texas Film & Video Grants. d. The decision dates for all contemplated grants? The Denton Benefit League decision is due in late November. I am unaware of the decision dates for TCA. 6. The proposal includes fundraising through sponsorships. Have any sponsors been identified or committed to sponsorships? Page 38 of 53 No commitments have been received at this time. Yes, potential sponsors have been identified. This question illustrates some of the difficulty of our position. We cannot approach sponsors as if we will control the station, we can only talk about the possibility. This makes it very difficult to make a strong pitch for support. Don't you agree? 7. Is a sponsorship campaign and its associated costs considered in the operating budget? Printing costs are considered. In my few years raising funds and selling sponsorships, I have spent very little cash thanks to key partnerships with local printers. We also try to maximize any free outlets (i.e. email vs LISPS). 8. If yes how much? A few hundred at most on printing costs. 9. Has a schedule including level of sponsorship and dollar amount been developed? No. At this time, it is not our intent to sell small underwriting packages throughout the year. In order to minimize administrative requirements our goal will be to acquire a single underwriter for one year in the amount of $25,000. That would include roughly 1.5 minutes every hour 24/7. Other benefits would include ad space on the website. Smaller packages may be considered but only on an annual basis. Additional Comments: As I stated earlier, how can we go out and raise money for something we don't even know if we're getting? If this is really about money, then tell us how much money we have to raise and by when we have to raise it. Then tell us that we can have the contract if we meet those objectives. Then we can legitimately (and confidently) solicit funds. Training 1. Is training revenue and expense represented in the operating budget and how much and what activities/materials? Training expenses only show up beginning in the new facility (year 2). These include the Instructors and the Business Equipment line item. All training (including online videos) will be conducted or recorded in the media center's labs and studios. No other training expense is foreseen. 2. In year one how much training will take place in the limited space? The only training that will take place in the transitional facility will be a workshop covering the use of any currently available equipment. This mostly includes the field equipment currently offered by Texas Filmmakers. Page 39 of 53 Membership Campaign The proposal calls for a $200 membership fee starting in year one. This is an increase of $50 per year for current members and a new fee for producers to gain access to the channel. 1. How many current paid members will be experiencing the increase? +/-20 2. Do your projections reflect any loss of current members due to the increase? No 3. The schedule in the proposal of current programming has 33 producers. Does the plan call for all 33 to pay the $200 membership fee? No. We project two-thirds or 22. 4. How many more memberships would need to be sold in order to meet projected membership revenues? +/-10, the submitted budget calls for a more conservative estimate of $10,000 (50 members) in membership revenue. 5. Do you have commitments from producers and other interested citizens to become new members if the public access channel agreement is secured? Yes. 6. Are expense dollars represented in the Year one forecast for solicitation of new members? Some printing costs are included, but other than that only no-cost methods of membership solicitation will be used. This will include airtime. 7. How much of the current membership revenue is represented in the plan versus yet to be realized? The budget only calls for $10K in membership revenue of which half or more will be realized before the end of this calendar year. Page 40 of 53 8. Will access to the public access channel be available to those city residents that are not members? There will be a free membership for those who wish to attend trainings (at a higher cost) and volunteer (studio, office, or field). Access to certain equipment and facilities will also be provided to free members at an increased cost. Essentially, everyone will be encouraged to become a paid member; and the fee structure will be setup so that "one-timers" will pay roughly 75% as much as they would have if they became a member and then paid the discounted rates. Therefore if someone uses resources twice in one year it is dramatically cheaper to become a member. Access Fees Access fees for equipment are fee based in the proposal with lower rates charged to members versus non-members. Is equipment paid for with PEG funds included in this? Yes. Members who are Denton residents will be entitled to one free use of the studio per month to record their show. They will have full access to the studio facilities so long as they and their crew have successfully completed the required training. Anything beyond what is provided for free will be for a charge. This will include: the use of facility staff as crew, additional studio time per month, etc. These are Value-Added-Services which will account for a portion of our operating budget. In fact, the proposed budget is very conservative on the potential revenue from this category (Services Income). Production Services could potentially be a big revenue engine for Texas Filmmakers. Denver Open Media brought in $300,000 in production services and $150,000 in web services in 2008 representing over half of their 2008 operating budget. These numbers are completely possible from Texas Filmmakers in 3-5 years. As the community media organization, people come to us with big ideas and then we provide them with the training, equipment, and facilities to create their ideas themselves. Sometimes, these people aren't willing to do all this work and would much rather purchase the service. We simply offer that option. Texas Filmmakers then uses its own members which volunteer their time to create the product which benefits the organization. It is a win-win-win scenario for all parties. Access Fees will also be charged for use of equipment purchased by Texas Filmmakers. The difference is that certain facilities and equipment will only be available to members who are Denton residents. Page 41 of 53 Thin Line Film Fest The revenue projections for the festival rise substantially in the following revenue categories in the plan from 2009/2010 to 2010/2011: Festival Advertising 4750 7500 +2750 Festival Sales 8218 20,000 +11982 Sponsorships 11750 40,000 +28,258 Total 24718 T 67,500 +42990 The 3 categories represent a year over year increase of 42.5% 1. Can you provide detail explanations for the increase? All three of these categories represent goals for the 2011 festival. Festival Advertising is advertising in the festival program guide. In the previous festival, this line item was $0. 2010 was the first year in which we even sold advertising in our program guide. We have raised our advertising rates for the 2011 festival and anticipate a slight increase in total advertisers. Festival Sales has increased by 250% every year for three years. This projection represents that same increase for 2011. Sponsorships include the goal of selling the Presenting Sponsorship for $25,000 (Thin Line presented by The rest is a minor increase in total sponsorships. 2. Including commitments for advertising, festival sales and sponsorship commitments? We have just begun our 2011 festival sponsorship season. Some of last year's sponsors have made verbal commitments for 2011 and some have expressed interest in increasing their sponsorship amount. 2010 was the first festival where sponsors actually came up to me and asked how they could be involved next year. Page 42 of 53 Foundation Support 1. How much foundation support is represented in the revenue projections for each of the first 3 years? No foundation support is included in the revenue projections. The Denton Benefit League and the Greater Denton Arts Council are both public charities. Private foundations represent a very large funding opportunity that has yet to be explored. 2. What revenue line item is it represented in? N/A 3. Are there currently pledged or applied for Foundation funds in the plan and how much? No. 4. Can you provide a list of targeted foundations and their requirements? No. 5. In the proposal, it seems that the 501c3 document has expired? Can Texas filmmakers provide a current document? See Attachment Page 43 of 53 Findings Legal Considerations First Amendment issues Franchise fee exposure Minimize City liability Legal use of PEG fees In reviewing the proposal I defer any opinion of legal issues to the City Attorney as I am not qualified to represent a legal opinion. Economic Considerations Impact on City's budget The proposal covers all operating, staffing and other expenses with no implied cost to the City budget. The legal use of PEG funds is imperative (see legal opinions) to ensure franchise fee requirements are met. In the event PEG funds are improperly used a liability may exist to the assumed revenue in the City budget from franchise fees. Impact on PEG fund The proposal includes commitment by the City of 1.4 million dollars over 11 years from the PEG Funds. The request consists of $1 million for the construction or purchase of the permanent Media Center and $4 hundred thousand to purchase equipment for the operation. FY 2005 FY 2010 FY 2015 FY 2019 10 Yr. Proi. Rev. 2% Growth $ 48,516 $ 146,748 $ 162,022 $ 175,378 $ 1,606,854 Flat $ 48,516 $ 143,871 $ 143,871 $ 143,871 $ 1,438,710 2% Decline $ 48,516 $ 140,994 $ 127,447 $ 117,553 $ 1,289,578 3% Decline $ 48,516 $ 139,555 $ 119,841 $ 106,094 $ 1,221,458 4% Decline $ 48,516 $ 138,116 $ 112,616 $ 95,650 $ 1,157,301 In evaluating the availability of PEG funds for consideration, I requested the above projections from the City Treasury Manager for review. Also included in the response was the current balance of $235,206. Below is an illustration of PEG funds available to fund all PEG fund requests through the next ten years end 2019. Page 44 of 53 • Current available balance $235,206 • Projected future PEG revenues (2%annual growth rate) $1,606,854 • Total Available $1,842,060 • Requested PEG funding in the proposal $1,400,000 • Total Balance available over 10 year period $442,060 • Average available annual balance for other PEG Channels requests $44,206 It should be noted that if compared to projected PEG fund collections for the 10 year period in the illustration not including the current available balance the PEG fund request vs. PEG fund revenues collected is illustrated below. • Projected PEG revenues (2% annual growth rate) $1,606,854 • Requested PEG funding in the proposal $1,400,000 • Total available over ten years $206,854 • Average available annually over ten years $20,685 My opinion is that the PEG fund model at a 2% year over year increase is reasonable and a low to moderate risk of being not realized. Further the current balance and projected revenue totals cannot support a $1.4 million dollar expenditure with a reasonable risk. It should be noted that cable subscriptions and the .50 per subscriber PEG fee per month are the sole source of this income. If cable subscription rates drop below current experienced subscriber levels, the PEG projections will not be fully realized. Process for review of operations and fund expenditures It is my opinion that adequate provisions do not exist for operational review or PEG fund expenditures in the proposal. This can and should be answered in the contract. My recommendation would be a requirement of equipment purchase review and approval by the City of Denton over the 10 year agreement. It is imperative that review and approval of all PEG fund requested purchases be within the legal guidelines as outlined in the city Attorney's opinion. An annual review of the performance of the public access channel operator with a six month notice of cancellation right should be a requirement. Operational viability For the purpose of attempting to gauge the ongoing financial viability of the Denton Open Media proposal, I focused on the likelihood that they would meet the revenues, expenses and cash flows in the proposal. At my request, a 3 year pro-forma income statement was developed Page 45 of 53 by Texas Filmmakers. The pro-forma is detailed and allows for a closer look at financial expectations and assumptions. The pro-forma includes PEG fund allocations in each year in the revenue assumptions and shows business equipment expense as an offset in year one. In years 2 and 3 the pro-forma shows equipment expense as an offset to some of the PEG funds represented and represents a loan payment on the permanent Media Center. The illustration is below. Year 1 2 3 Totals PEG fund revenue 15,000 350,000 115,000 480,000 Business equipment 23,000 255,000 20,000 (298,000) Loan Payment 0 100,000 100,000 (200,000) Net (8,000) (5,000) (5,000) (18,000) In the above chart, the PEG funds minus the expenses for business equipment and loan payments result in an additional expenditure by Texas Filmmakers of $18K over the 3 year pro- forma. It can be assumed the deficit is for business equipment not purchased by PEG funds that are recorded here. The loan payment represented in year 2 and 3 total $200,000. It is clear that the loan amount of 1 million dollars for the facility represented in the proposal was simply divided by year and then by month to represent the expense per month. Example: $1,000,000 divided by ten years divided by 12 months is the amount $8,333.00 represented in the pro-forma for each months expense. The amount amortized over 10 years is exactly $1 million. The loan amount would have to assume a 0% interest rate. Assuming 0% interest $1,000,000 / 10 years $100,000 / 12 months = $8,333.00 per month A commercial loan at a very favorable rate of 5% would result in a payment of $10,606. Per yr . over 10 yrs. 5% additional cost $27,272 272,720 6% additional cost $33,228 3,322,280 7% additional cost $39,324 393,240 Page 46 of 53 It is most likely that an additional interest expense of a minimum of $272,720 is not represented in the projections. * I defer to the legal opinion on whether PEG funds may be used to pay interest on capital loans. *1 defer to the legal opinion on whether PEG funds can be pledged to secure a capital loan by a third party. It is important to note these two categories specifically due to the restricted use of PEG funds by law. Revenue assumptions The plan calls for operating revenue (not including PEG funds) to be received from grants, sponsorships, fundraising events, the Thinline Film Festival sales, membership sales and underwriting. 10/11 Category 09/10 10/11 TF + DOM = Year l Year 2 Year 3 Fees $1,158 $1,250 $0 $1,250 $1,500 $1,750 Grants Denton Benefit League $0 $5,000 $0 $5,000 $5,000 $5,000 GDAC $3,250 $0 $0 $0 $3,250 $3,250 HOT Funds $0 $10,000 $0 $10,000 $20,000 $25,000 PEG Funds $0 $0 $15,000 $15,000 $350,000 $115,000 TCA $0 $0 $0 $0 $10,000 $10,000 Other Income $5,204 $5,100 $0 $5,100 $6,750 $6,750 Sales Income Donations $2,150 $5,000 $0 $5,000 $15,000 $7,500 Equipment Rentals $2,555 $2,500 $1,500 $4,000 $6,500 $8,000 Festival Advertising $4,750 $7,500 $0 $7,500 $9,000 $10,000 Festival Sales $8,218 $20,000 $0 $20,000 $25,000 $25,000 Festival Sponsorships $11,750 $40,000 $0 $40,000 $40,000 $40,000 Fundraising Events $1,600 $0 $10,000 $10,000 $2,500 $2,500 Inventory Sales $300 $250 $250 $500 $1,250 $1,250 Memberships $1,000 $5,000 $5,000 $10,000 $10,000 $10,000 Services Income $4,271 $1,250 $1,250 $2,500 $7,500 $10,000 Underwriting $0 $0 $25,000 $25,000 $25,000 $25,000 Total $46,206 $102,850 $58,000 $160,850 $538,250 $306,000 It should be noted less PEG funds used to delineate those funds that are restricted to capital purchase and there for not available for operations. Page 47 of 53 Total available for operations is projected revenue less PEG funds. In year 1 that would be $145,850. Included in the proposal questions to Texas Film Makers it is represented that: • 0 dollars are currently available for year one operations. • 100% is yet to be raised. • A HOT (Hotel Occupancy Tax) fund grant was applied for but the grant has not been made. The amount applied for is $30,000. (It should be noted the amount reflected in the pro-forma is $10,000.) Additional grants to be applied for include: • Denton benefit league ( equipment) $20,000 • Texas commission on the Arts (operational support) $10,000 • Texas commission on the Arts-(sub granting fund) $5,000 o No sponsorship commitments have been received • HOT fund grant in the pro-forma for year 1 $10,000 • Under writing sponsorship $25,000 o No sponsorship has been committed • The amount of revenue from the above activities $70,000 The revenue assumptions also include Thinline Film Festival activities. These activities have been ongoing and have produced revenue for Texas Filmmakers in previous years. Below is an illustration of actual revenues from previous years and the assumption made for year 1 of the pro-forma. 09/10 10/11 Increase Festival Advertising $4,750 $7,500 $2,750 Festival Sales $8,218 $20,000 $11,982 Sponsorships $11,750 $40,000 $28,258 Total $24,718 $67,500 $42,990 The film festival revenue represents a nearly 250% increase year over year in the plan. It is not unusual for this type of an increase year over year during the first few years of a new event. However, the $42,990 should be considered at risk revenue in the assumptions as it may be experienced at a lower growth rate. Using the pro-forma representations and some additional answers provided by Texas Filmmakers it appears that of first year revenue expectations in the budget there is significant Page 48 of 53 risk to the plan and Texas Filmmakers ability to realize its first year revenue goals. It appears that interest expense on the capital loans is not reflected. Revenue at high risk in the plan for the first year alone is $112,990. This does not include an analysis of smaller revenue streams represented in the pro-forma. An additional statement included in the responses received from Texas Film Makers to my question is verbatim below. 1. Has a schedule including level of sponsorship and dollar amount been developed? No. At this time, it is not our intent to sell small underwriting packages throughout the year. In order to minimize administrative requirements our goal will be to acquire a single underwriter for one year in the amount of $25,000. That would include roughly 1.5 minutes every hour 24/7. Other benefits would include ad space on the website. Smaller packages may be considered but only on an annual basis. "Additional Comments: As 1 stated earlier, how can we go out and raise money for something we don't even know if were getting? If this is really about money, then tell us how much money we have to raise and by when we have to raise it. Then tell us that we can have the contract if we meet those objectives. Then we can legitimately (and confidently) solicit funds." In addressing the additional comment, it is my opinion that it is indeed the normal and accepted practice to gain large financial commitments and support prior to being awarded a contract. It is reasonable to gain sponsors or investors to represent funding in a business plan that is being proposed. Further, the proposal is asking for 1.4 million dollars in public funding (PEG) on the assumption that if awarded the contract Texas Filmmakers will then obtain operational funding from numerous sources that have not been identified. In looking at the financial representations for operating income and expense my opinion is that the proposal is at extremely high risk as there are zero actual dollars committed for operations. Further there is a loan interest liability that I do not believe has been accounted for. It is my opinion that the proposal is not financially viable. It is further my opinion that public funds should not be committed prior to having operational funding secured by Texas Film Makers. Studio space The proposal includes transitional space for a one year period of 600 to 1,000 square feet. In addition, the proposal calls for purchase or construction of approximately 6,000 square feet of a permanent media facility. The square footage in both phases of the plan is more than adequate for transition and the permanent studios outlined in the plan. Both far exceed what Page 49 of 53 would be required for public access. The plan envisions a small studio of up to 600 square feet and a larger studio of up to 3000 square feet to accommodate live studio audiences. Editing space Both the transitional facilities and permanent facilities square footage suggests adequate space. The proposal also provides for reasonable equipment for this purpose. Training space Space is limited in the transitional facilities but still would allow for individual training. The permanent space envisioned includes many enhancements and allows for class room and far exceeds space requirements Accessibility: ADA requirements The proposal envisions both the transitional facility and permanent facilities to be in compliance with the act. Affordable for all citizens The proposal outlines a membership fee collected by Texas Filmmakers of $200.00 for facility access, training and facilities usage. It delineates preferred pricing for equipment use and training charges to encourage membership in Texas Filmmakers. It does not address the question of if a Denton resident that was not a member of Texas Filmmakers wanted to provide a program for playback would they need to pay a fee or become a member? The second concern is if PEG funded equipment rental being charged at lower rates to members versus non-members when both are Denton residents. Although it may or may not meet legal requirements for PEG funded equipment use, it does bring into question an affordable solution for all citizens and a question of fair use and access of publicly funded equipment and facilities. In meeting the minimum requirements for public access, equipment rental is an enhancement that is proposed and has the support of the stakeholders. In my opinion, as long as a qualified producer (Denton City Resident) can drop off a tape or DVD for play at no charge or membership fee, the proposal meets the affordability criteria. Charges for training, use of equipment studio, editing space should be considered above the minimum scope required for public access. Page 50 of 53 Parking Parking is recognized and addressed in the proposal for both the temporary facility and the permanent Media Center. Specific locations for both facilities have not been selected. It is recommended that this may be addressed in contract language should the proposal be accepted. Video production assistance provided The proposal addresses assistance provided by staff, volunteers and interns on a scheduled basis. This is a normal and acceptable practice and can be easily implemented. Processes: Stakeholder involvement A Public Access Advisory Board made up of community media producers will be selected. The board will be non-governing and will meet to discuss policy and procedure recommendations as well as address community concerns and encourage community participation in Denton Open Media. Texas Filmmakers may at its discretion enact recommendations of the Advisory Board but reserves all decisions to its Board of Directors. It was a concern of several stakeholders/producers that the Advisory Board has governance over the channel. In my opinion, the financial and operational responsibility is clearly the burden of Texas Filmmakers, and it would be appropriate for governance to be the responsibility of its board. Operational procedures Operational procedures are the responsibility of Texas Filmmakers. The Advisory Board will make recommendations but all decisions are reserved for the Texas Filmmakers Board . My opinion is Texas Filmmakers assumes all operational and financial responsibilities, and it should reserve this right. It is noted that Texas Filmmakers has addressed many detailed procedures in this proposal. Technical specifications The proposal includes use of play back equipment, editing equipment other items consistent with operational needs for transition. Additional equipment and enhancements as proposed in the second phase and are in my opinion consistent with the proposed vision for the channel. Page 51 of 53 Conclusion It is my conclusion that the Texas Filmmakers Proposal to manage the Public Access Channel is more of a concept than realizable plan and proposal. I believe this statement is supported by the following additional comments received from Texas Filmmakers as it was included in the answers to questions I had requested. "Additional Comments: We understand this issue is complex; which is why we feel that the community would be best served by a real dialogue on how we can make this happen. Instead of us presenting an idea and waiting for a "Yes" or "No" we should be negotiating the best way to give the community a media center. If there isn't as much PEG Funds available as we once thought, then let's determine how much is available and then find a way to make it work. We could build it in the industrial area of town and save 50% on land costs! Of course that scenario does nothing for Denton's downtown. With a long-term commitment of PEG Funds to Texas Filmmakers, we are confident that a local financial institution would finance the purchase and construction of a downtown media center. There are so many ways to structure this whole thing. Let's find a way that works." I believe that the Concept of "Denton Open Media" from a facilities, programming, technical specifications, policies and procedures may be realized at some level but is unlikely in the current proposal. It is my further opinion that in its current form: The legal issues are many and complex. The financial models are at a very high risk as they are dependent largely on sources of funding that are not secured for operations. Engagement in negotiations as mentioned in the additional comments would take months if not a year or two and would need a feasibility study as well as strong community wide support. There is not any evidence of sizeable public support for a Media Center. It should be noted that stakeholder findings suggest the support for the type of services and facilities in the proposal. The stakeholders group is dedicated and passionate but they are a small representation of the City's citizens. Page 52 of 53 It is my recommendation that the City of Denton not pursue an agreement with Texas Filmmakers to operate the Public Access Channel at this time. Representations Michael Mulcahy has prepared this report for the sole use of the client and for the purposes stated in the agreement between the client and Michael Mulcahy under which this work was completed. This report may not be relied upon by any other party without the express written consent of Michael Mulcahy. Michael Mulcahy has exercised due and customary care in conducting this consulting report but has not, save as specifically stated, independently verified information provided by others. No other warranty, express or implied is made in relation to the conduct of the consulting report or the contents of this report. Therefore Michael Mulcahy assumes no liability of loss resulting from errors, omissions or misrepresentations made by others. Further due to the complexity of the documents reviewed, Michael Mulcahy claims no liability for inaccuracies in data presented. This report has been prepared at the request of the client. The use of this report by unauthorized third parties without the written authorization of Michael Mulcahy shall be at their own risk, and Michael Mulcahy accepts no duty of care to any such third party. Any recommendation, opinions or findings stated in this report are based on circumstances and facts as they existed at the time Michael Mulcahy performed the work. Any changes such as circumstance and facts upon which the report is based may adversely affect any recommendation, opinions or findings contained in this report. Every effort has been made to ensure the quality of translation is technically correct. No part of this report may be copied or duplicated without the express written permission of the client and Michael Mulcahy. Where field investigations have been carried out these have been restricted to a level of detail required to achieve the stated objective of the work referred to in the agreement. Signed by the Consultant, Michael Mulcahy Page 53 of 53 Public Access Channel Criteria Purpose: • Continuation of Denton's public access channel allowing citizens' voices and content to be heard and seen and fostering an environment that is a First Amendment public forum where no entity can exercise editorial control provided FCC guidelines are met. Legal Considerations: • First Amendment issues • Franchise fee exposure • Minimize City liability • Legal use of PEG fees Economic Considerations: • Impact on City's budget • Impact on PEG fund • Process for review of operations and fund expenditures • Operational viability Facility: • Studio space • Editing space • Training space Accessibility: • ADA requirements • Affordable for all citizens • Parking • Video production assistance provided Processes: • Stakeholder involvement • Operational procedures • Technical specifications Denton Open Media a public access model proposed by Texas Filmmakers Draft One Date of Submission: July 28, 2010 Proposing Organization: Texas Filmmakers 405 S Elm St., Suite 102 Denton, TX 76201 httl2:ZZwww.texasfilmmakers.org Submitted by: Joshua Butler President (214) 727-3567 josh uabutler2texasfilmmakers.org Federal Tax I.D.: 27-0098133 Texas Filmmakers Public Access Proposal - Draft One Page 1 of 86 Table of Contents 1. Narrative ...................................................................................................................................................4 a. Texas Filmmakers' unique position .......................................................................................................4 b. Texas Filmmakers' vision for public access ...........................................................................................4 c. Service strategy 5 d. Content strategy .................................................................................................................................10 e. Governance and policies .....................................................................................................................12 2. Experience ...............................................................................................................................................30 a. Public Access Operation and Management ........................................................................................30 i. Key program areas ...........................................................................................................................30 ii. Operational capacity & experience .................................................................................................32 iii. Public access partners & advisors ..................................................................................................34 b. Budget Planning and Implementation ................................................................................................35 i. PEG Fund support .............................................................................................................................35 ii. Budget narrative ..............................................................................................................................36 iii. Budget this year, projections years 1, 2 and 3 ...............................................................................40 iv. Inherited assets ..............................................................................................................................40 c. Fundraising and Revenue Development .............................................................................................41 i. Existing resources & revenue streams .............................................................................................41 ii. Revenue this year, projections years 1, 2, and 3 ............................................................................43 iii. Operational Efficiencies ..................................................................................................................44 d. Operations Planning ............................................................................................................................44 i. Phase 1: Transfer, basic broadcast and online services, design, and begin construction ...............45 ii. Phase 2: Enhanced services; community trainings; construction, and move .................................45 iii. Phase 3: New facility, new look, new programming, sustainability, systems integration .............46 iv. Phase 4: National network infrastructure, model sharing . ............................................................46 e. Training and Retention of Community Producers ..............................................................................47 f. Public Relations and Community Outreach .........................................................................................47 g. Familiarity with Federal, State and Local government regulation of the communications industry, and with related statutes, ordinances, regulations and case law ..........................................................49 3. Financial Management and Resources ...................................................................................................49 Texas Filmmakers Public Access Proposal - Draft One Page 2 of 86 a. Financial management ........................................................................................................................49 b. Effective control and accountability ...................................................................................................49 d. Financial systems & reporting resources ............................................................................................49 i. Disaster preparedness ......................................................................................................................50 ii. Insurance and Bonding ....................................................................................................................50 iii. Record retention ............................................................................................................................50 4. Organization 51 a. Statement of organization's philosophy and mission .........................................................................51 5. References ..............................................................................................................................................52 a. Financial References ...........................................................................................................................52 b. Insurance References ..........................................................................................................................52 c. Business References ............................................................................................................................52 6. Addenda 53 a. Board of Directors ...............................................................................................................................53 c. List of Classes to be offered 55 7. Attachments ............................................................................................................................................57 a. IRS Determination Letter ....................................................................................................................58 b. Articles of Incorporation .....................................................................................................................59 c. Bylaws ..................................................................................................................................................62 d. Non-Discrimination Policy ...................................................................................................................86 Texas Filmmakers Public Access Proposal - Draft One Page 3 of 86 1. Narrotive With a six-year history of serving the diverse communities of Denton in the realms of community media, technology, digital media training, and civic engagement, Texas Filmmakers is uniquely positioned to become the City of Denton's public access provider. Unlike any other non-profit organization in the city of Denton, Texas Filmmakers holds relationships with media producers, non-profit organizations, media companies, public schools, and over seven hundred and fifty emerging media makers. With our roots in community service in Denton, and relationships stretching to the highest tiers of public media nationally and internationally, it would serve our mission, and enhance our capacity to serve the community, should we be granted the contract to develop and oversee Denton's public access channel. The spirit of public access is closely aligned with what Texas Filmmakers believes is the future of public media: content and mission aligning to not merely inform the community but to engage them as students, teachers, creators, advocates, and citizens. The infrastructure and reach of public access provides the opportunity to bring together community members to identify issues and work together toward solutions. With the City of Denton providing the context, public access is defined as a public service media community tasked with informing, engaging and giving voice to the City's diverse sectors, and allowing them to connect and share stories with each other. Texas Filmmakers believes that public access should serve not merely as a public soapbox, but as a suite of public media services, tools, and opportunities that strengthen and support the cultural, educational, and civic fabric of our city. Rather than simply maintaining a public access facility and broadcast signal, Texas Filmmakers is ready to develop public access as the community media center of the future, delivering a suite of integrated services, platforms, training, and community engagement opportunities that will offer city residents new ways to connect with each other and with the many organizations that are here to serve them. - e Texas Filmmakers proposes a new vision for public access, one that reflects dramatic changes in technology, workflow, media access, and non-profit resourcing; emphasizing metrics that drive a new operating mandate for persistent relevance through services that the public will truly desire and will utilize. The future of public media that we imagine will enable: For the Producer: • Hosting of content for distribution Texas Filmmakers Public Access Proposal - Draft One Page 4 of 86 • Anytime upload/access capacity for remote authoring of channel • Online submission/upload of content for broadcast • Citizen journalism tools (such as blog feeds and mobile upload) • Online technical assistance and training • Meaningful relationships with local community organizations around shared community concerns and interests For the Nonprofit Community Partner: • Equipment access and shared production, scheduling, and curation systems • Hosting of content for distribution • Channel curation and hosting applications • Multi-media submission system • Opportunities for staff training and internal media capacities • Access to digital media interns and producers (including youth) • Public service announcements and advertising opportunities • Tools for engaging their constituencies around relevant issues through media For the Audience: • Broadcast Content: New, fresh, and local programming; coverage of local events and people, a daily way to connect to your neighbors • Online Content: Online, on-demand and personalized viewing "channels," Local Arts, Education, News, Environment, Youth, International channels, and many more • Social networking: identity creation, ratings, referrals, play lists, neighborhood groups, recommendations • Engagement: Online broadcast guides; community-based rating, monitoring, and curation systems • Hyper-local relevance: Aggregated news reporting, particularly of hyper-local news and information from community sources, and citizen blogs and vlogs • Training: media creation tutorials, digital media training, curriculum Texas Filmmakers' public access effort will focus on open access to electronic media resources and strong community participation. Broadcast channel Channel 25 (Charter) and 39 (Verizon) will serve as a general public access channel. A "greenspace" for cable broadcast, the station will be a free-speech, public forum available to all Texas Filmmakers Public Access Proposal - Draft One Page 5 of 86 the citizens of Denton and other participating municipalities. Immediately upon being awarded the contract, Texas Filmmakers will begin work on re-branding the station as Denton Open Media; complete with a new logo, a modern color scheme, modern music, and new promos. The public access TV station will come alive in a way not seen since the nineties. This will drive viewership and participation. Content will be scheduled according to terms of use outlined in station policy. For ongoing series work, viewer analytics and online metrics will be employed to determine sustained broadcast rights and time slot prioritization. This will assure diversity across the schedule over time. Regardless of its origination, Texas Filmmakers will send the broadcast signal to Charter Communications which has an agreement in place to redistribute to Verizon. The current arrangement with First United Methodist Church to broadcast live on Sunday mornings will remain intact throughout the term of the management contract. Transitional Facilities In year one, Texas Filmmakers will sign a lease on a new building in Denton with an additional 600-1,000 square feet to accommodate a studio comparable to what is available now. This is only a temporary solution. Potential facilities include: • The old public access studio location at University and Bonnie Brae. This is a good option as Charter Communications already has the necessary fiber optic infrastructure to this facility and could begin receiving a signal almost immediately. • The basement of the Bank Building. This location has plenty of space and can be obtained at a decent price. According to Charter's lead Denton engineer, David Hunter, if the City would allow them access to the downtown square electrical conduit, fiber could be run to this facility at minimal cost. • 116 N. Austin - This freestanding building is just off the square and is available for a decent price. As with the Bank Building, Charter can provide connectivity if allowed access to the downtown square electrical conduit. According to the Texas Public Utility Code Chapter 66, Charter Communications is responsible for providing 200' of connectivity to the public access studio. All location options have available parking and would be easily accessible to our members. Current public access producers range Texas Filmmakers Public Access Proposal - Draft One Page 6 of 86 in age from 21 to 82. They bring in set pieces, props, and other items. Accessibility is an essential part of any community media facility. Community Media Center In order to grow public access as a resource to the entire community, Texas Filmmakers believes it is imperative to create a community media center. Such a facility is possible with a long-term management agreement of Denton Public Access TV with PEG Fund support. Based on preliminary meetings with Texas Filmmakers Board Member Alex Payne, with a 10- year commitment of PEG Funds from the City, Texas Filmmakers could purchase a 6,000 square foot facility as an anchor to a larger mixed-use development. Alex believes that with the commitment to purchase 6,000 square feet, he can attract a developer with the necessary capital to build a multi-million dollar mixed-use downtown development. This "creative class" development would feature the community media center as an anchor, additional retail establishments on the ground floor, and up to four floors of apartments. This development would generate hundreds of thousands of dollars in property taxes over the next eleven years spread between the City, County, and School District. For actual PEG Fund payments and a timeline see PEG Fund Support on page 34. The proposed community media center would be roughly 6,000 square feet and could potentially include the following: • Large Studio - as many as 3,000 square feet, enough to accommodate one large set with a studio audience or multiple small sets. Could also accommodate community events when not in use and designed to be large enough to accommodate a show such as an Austin City limits • Small Studio - up to 600 square feet to handle single-person shows • Editing Suites - private suites for local media makers • Editing Labs/Classrooms - large enough to accommodate a dozen computer workstations or lecture layouts to accommodate up to 30 students. One of these rooms could also be used as a "community rom" available to the community. • Studio amenities - such as dressing rooms, showers, a green room, kitchen, etc • Offices - Corporate offices for Texas Filmmakers as well as community and private office space available to local media makers • Small Screening Venue - could accommodate as many as 40 people, could be a downtown venue Texas Filmmakers Public Access Proposal - Draft One Page 7 of 86 Unfortunately, architectural renderings of the proposed facility could not be completed in time for inclusion in this proposal; however one will be available soon. This facility could be constructed without using a single penny from the City General Fund and would help to generate millions of dollars in property tax revenue over the term of the agreement. This center would be an unparalleled media resource in the State of Texas. Electronic media more and more represents the future of individual expression. The City of Denton has a unique opportunity to be a leader statewide in electronic media resource and Texas Filmmakers is poised to be the vehicle. Additional economic impact will be realized as people from around the city, county, and region will travel daily to downtown Denton to take advantage of this facility. Online Systems In September of 2009, Texas Filmmakers launched TF Online, a dynamic online environment that incorporates the latest open-source technology. This feature-rich system includes an automated online distribution system and social networking environment which will complement and support the public access broadcast channel. The online media system, dubbed DOMO (Denton Open Media Online), will enable a simple download mechanism for members and viewers that connect them directly into the body of community media in a TV- like way. Similar to TIVO or digital video recorders, viewers can subscribe to channels created by themselves and/or nonprofit organizations and individuals in the community as well as the broader Internet. DOMO will make following creators, shows, and communities incredibly simple and intuitive, even for viewers who aren't technically savvy. With DOMO, Denton audiences will have the opportunity to become engaged with media, and not just view it. DOMO will provide opportunities for social networking, building a reputation as media maker, offering ratings, becoming a citizen journalist, uploading video responses to content, and personalizing recommendations to others. Texas Filmmakers Public Access Proposal - Draft One Page 8 of 86 DOMO will provide the following additional functions: • Customized player with unlimited online channels of streaming video content • Automated web search/media aggregation • Geocoded data and mapping software to enhance channel customization and search (e.g., zip code search) • Comprehensive metadata standards • Distribution to any device supporting RSS (Part of Phase II) • A "Make Internet TV' guide to provide insight into community-level production and collaboration • Embeddable code for integration into any third-party website • Flexible system to engage organizations as well as individuals Most individual viewers seek out content that is local and personally meaningful. An added benefit of partnering with an ever-growing online network is that the site will drive viewers to local content online and broadcast through content guides and search functions. With a localized and intuitive interface, Denton Open Media will realize an even greater local viewership of and engagement with public access content. DOMO Community Access Portal Features for the public include: • Channels and feeds of local content that is searchable and can be sorted by popularity, newest, or specific keyword tags • Subscribe to content feeds using RSS feed-readers (part of Phase II) • The ability to register, log in, and submit content and feeds of content online • The ability to customize/curate a personal channel (Part of Phase II) • A live, continuous online stream that mirrors the broadcast channel (part of Phase II) Community Bulletin Board As a part of Phase II, Texas Filmmakers will implement a bulletin board server similar to what is in use now on the City and DISD access channels. We will be able to grant user-level access to Texas Filmmakers Public Access Proposal - Draft One Page 9 of 86 an online bulletin board administration interface allowing trusted content partners to add, edit, or remove bulletin board slides. Slides will have enhanced features such as photos and videos. C, Broadcast channels While broadcast content will be locally focused and relevant, we will invite content, regardless of its geographic origin of production, and as space permits, from but not limited to: local film festival operators (Thin Line Film Fest, Texas Black Film Festival, Dallas Video Fest, Dallas International Film Festival, Lone Star Film Festival), youth media producers (DISD Media Tech, UNT/TWU, 48 Video Races) and our public media and broadcast partners (Alliance for Community Media public access operators, PBS stations, ITVS). It is critical to establish a creative pipeline for content to be distributed between public media entities and public access. Online channels Texas Filmmakers proposes the development of dedicated web channels for Denton public access that focus on the following: • Arts & Culture • Education • Health • Environment • News • Documentary • Youth Voices • Narrative & Experimental Potential programming Once a proper facility is completed, Denton Open Media will begin producing original programming which will dramatically benefit the community and drive a new generation of viewers to the station. Working with community partners, original programming could include a daily news show and a weekly music show similar to Austin City Limits. Texas Filmmakers Public Access Proposal - Draft One Page 10 of 86 Through our online channels, Texas Filmmakers will create an open submission system combined with community curation, rating, and voting tools, thereby shifting the media paradigm away from one that values "broadcast first, stream second." In its new iteration, public access will provide producers and organizations with the ability to showcase and promote their work online, with the community itself identifying content for subsequent broadcast. The future of content distribution is not just production to broadcast, but personal and organizational curation, comment, response, and engagement. In addition, Texas Filmmakers has identified a wide variety of programming areas and potential content partners. Arts & Culture Dance (e.g. University Programs, Festival Ballet of North Texas) Theater (e.g. Denton Community Theatre, Musical Theatre of Denton) Music (e.g., NX35, local performances) Poetry & spoken word (e.g. Denton Poets Assembly) Author readings & conversations (e.g. Tejas Storytelling, local bookstores, local book clubs) Education Texas Filmmakers electronic media classes and tutorials University seminars Lectures and conferences Health Aging, Disability, Home Health, Medicine Advancements, e.g. Texas Health Resources Denton Regional Medical Environment Science, Environmental, e.g. Denton County Master Naturalists Master Gardeners News & Information Interviews, Journalism, Local Coverage, Video Bloggers, e.g. Reside nt-curated interviews with local politicians and business leaders Texas Filmmakers Public Access Proposal - Draft One Page 11 of 86 Aggregate news from local sources (e.g. Denton RC, Think Denton, Pegasus News) Local newsdesks (e.g. editorial vlogs from the Denton RC) Local video-bloggers events & news coverage Citizen journalism; student reports Documentary Local, National, and International short form and long form documentary content, e.g. Curated programs from Thin Line Film Fest UNT Summer Documentary Workshops UNT Documentary MFA projects Documentary festival highlights Youth Voices Work from youth production programs, e.g. DISD Media Tech student projects 48 Video Race projects (e.g. 48 Hours of Hell, Video Vacation, 48 Hour Film Project) Summer media camps (Part of Phase 2) Narrative & experimental Narrative Shorts & Features, appreciation, behind the scenes, e.g. Texas Filmmakers' members Video Races Texas Film & Video Grants recipients Public access operations, including policies, procedures, and overall governance, would be assumed within Texas Filmmakers' existing organizational structure. Texas Filmmakers is governed by our Board of Directors, who hold regular monthly meetings to address matters of organizational governance and business. Upon assuming public access operations, Texas Filmmakers would focus a portion of all meetings annually on public access concerns. We would announce the dates of these meetings in advance, invite the submission of public questions and comments, and invite community partners to present and meet directly with the Board and Public Access Advisors. We will create a Public Access Advisory Board made up of community media producers. This board will be non-governing and will meet to discuss policy and procedure recommendations as Texas Filmmakers Public Access Proposal - Draft One Page 12 of 86 well as address community concerns and encourage community participation in Denton Open Media. Texas Filmmakers maintains a professional facility that is accessible seven days a week, with security policies and procedures designed to ensure a safe and productive environment for our staff, youth and adult students, producers, instructors, and visitors. Our proposed programming systems offer several measures for handling obscene and illegal content: 1. Overall administration and review of all content which can be rejected by administrators and curators 2. As part of our enhanced services, the ability of any viewer to flag content for review by administrators 3. Vetting of content for broadcast by professional content partners Formal policies related to public access operations and programming will be written, reviewed, and implemented by Texas Filmmakers staff and our community partners, with oversight from the Texas Filmmakers Board of Directors, Texas Filmmakers legal counsel, and our Public Access Advisors. Policies & Procedures The following Policies and Procedures are subject to change at the sole discretion of Texas Filmmakers. Denton Open Media will be a program of Texas Filmmakers, and throughout the policies and procedures, the names Denton Open Media and Texas Filmmakers are used interchangeably. By utilizing Denton Open Media facilities and services, you agree to be bound by the most current version of these Policies and Procedures. Please carefully review this entire document and review it from time to time, as policies and procedures may change. Membership Policies Anyone may become a member of Texas Filmmakers. Membership is required to produce for Denton Open Media. For information about membership and to sign up, see http://www.texasfilmmakers.org. Producers using Denton Open Media facilities or submitting content for broadcast must provide to Denton Open Media documentation of their true and legal identity and their qualifying Texas Filmmakers Public Access Proposal - Draft One Page 13 of 86 Denton physical residence address. Denton Open Media may retain this information and copies of such documents in its files. Proof of current Denton residency on a dated document and a signed Statement of Compliance are required to be a Denton Open Media "Producer" for any program. The Producer of a program is the single individual who is responsible for that program. Only residents of Denton and other participating municipalities may produce programs and reserve or check out facilities and equipment for the production of that program. Proof of residency must be submitted on an annual basis, and we reserve the right to request updated documents at any time. You may submit one of the following as Proof of Residence: • State I.D., driver's license, or passport, issued within the past six months • Utility bill dated within the last 30 days • Local property tax statement or mortgage payment receipt dated within the last 30 days • Bank account statement dated within the last 30 days • Proof of a minor currently enrolled in a Denton school • Employment pay stub dated within the last 30 days • Jury summons or court order issued by a state or federal court and dated within the last 30 days • Federal or state income tax or refund statement dated within the last 30 days • Insurance bill (homeowner's, renter's, health, life or automobile insurance) dated within the last 30 days • If a certified copy of a marriage certificate is presented at the time of application, an applicant may prove residency using documents bearing the name of his/her partner or spouse. Texas Filmmakers members who are not Denton residents will also have full access to all programs and services except they will pay higher rates and they may not produce programs for broadcast with Denton Open Media. In addition, non-members may attend trainings and certifications in order to crew for Denton Open Media producers' programs. This policy is designed to allow for greater participation and a bigger "crew pool" of qualified volunteers and collaborators from which Denton producers can draw. Texas Filmmakers Public Access Proposal - Draft One Page 14 of 86 Producer Identification a) Producers are responsible for notifying Denton Open Media of changes to their Denton residence address, mailing address, or any other contact information used to communicate with Denton Open Media. A Producer may update or change their contact information online, in person, by phone or by email. b) Producer contact information may be used to communicate policies and procedures changes and updates. If a Producer misses a policy change announcement because he or she did not notify Denton Open Media of a contact information change or update, the Producer is nonetheless fully responsible for compliance with the new policies. c) Producers must not avoid or evade contact from Denton Open Media staff regarding notifications of possible or alleged violations of policies and procedures. From time to time, it is necessary to notify producers of violations of policy, and any action taken as a result. Refusal by producers to accept Denton Open Media regular mailings or certified mailings, or failure to return phone messages in a timely manner may be grounds for immediate suspension. d) A Producer does not represent Denton Open Media and should refrain from implying any such representation. False representation of Denton Open Media may result in suspension. Examples of false representation might include but are not limited to statements such as: "I am producing for Denton Open Media," or "I work at Denton Open Media." A producer may inform interested persons that he or she is "a volunteer community producer, working on my own TV program, which I produce at Denton's public access facility, Denton Open Media. I am responsible for the entire production." e) Public Contact Information: Producers must provide at least one acceptable form of functional contact information for the public, to be kept on file. i) Public contact information does not have to be the Producer's real name, and the contact information does not have to be the actual home address or home phone numbers of the Producer. Provided, however, the contact information available to the public (a) must be sufficient to identify the Producer of a program from other Denton Open Media producers, members or crew; and (b) shall not intentionally mislead the public by utilizing the name or identity of a real person or organization. Texas Filmmakers Public Access Proposal - Draft One Page 15 of 86 ii) Inquiries from viewers or the public about the Producer or the content of his or her program will be referred to the public contact information provided by the Producer. iii) A Producer providing non-functional contact information, or whose information becomes non-functional, may be suspended. iv) Individual producers may not list an organization as the producer of a program or as their public contact information. f) Producers may list contact information for themselves or any guests included in their programs at any point in the program. This contact information must not violate Commercial Content policies (see Commercial Content section). An example of acceptable contact information would be: "For more information on this topic, call 940-555-1212." g) The Denton Open Media address may not be used by individuals or groups either producing or cablecasting videotapes at Denton Open Media. Producers shall not use the Denton Open Media address as a contact address in any program or promotional material. Denton Open Media staff is not responsible for the handling of mail addressed to access users. Code of Conduct and Behavior Denton Open Media is open to and used by members of our community holding diverse viewpoints, and of varying age groups; thus, Denton Open Media seeks to provide an atmosphere that is safe and comfortable for all. To this end, producers are encouraged to interact and exchange ideas with each other in a civil and tolerant manner. Denton Open Media' Code of Conduct and Behavior is designed to help ensure that all persons at Denton Open Media - staff, producers and visitors alike - are treated with courtesy and respect. Everyone has an obligation to behave in a manner that does not disrupt the operation of Denton Open Media or the ability of others to use the facilities. Members are also responsible for the conduct of their guests, visitors, talent, and crew when using the facilities. Members are expected to monitor use of equipment and facilities and to report neglect, abuse, theft, or misuse of Texas Filmmakers' facilities and equipment to staff. The identification of persons disclosing such information will be kept confidential to the extent practicable or supported by law. Texas Filmmakers reserves the right to take or refrain from taking any action with regard to equipment usage to comply with applicable law and ensure compliance with our policies. Texas Filmmakers Public Access Proposal - Draft One Page 16 of 86 The following are examples of prohibited conduct: • Smoking in the facilities • Entering the facilities without a shirt or shoes • Bringing persons under the age of 18 years to the facility, unless supervised by an adult at all times • Possessing food or beverages in any restricted area, including in production spaces. No food or drink is allowed in studios or edit suites, nor on surfaces next to computers or equipment. Producers and their guests may keep a capped water bottle at their feet during studio production (only) provided it is in a safe location away from all equipment, electrical outlets, and chords. • Loitering on the property • Making false or misleading statements • Possession, use, or sale of illegal drugs, weapons or contraband • Unauthorized possession, consumption or dispensing of alcoholic beverages • Being "under the influence" of alcohol or other substances • Possession of any weapon, explosive or other dangerous material • Conduct, intentional or unintentional, that could or does result in physical injury to others and/or destruction of property • Theft or attempted theft of personal belongings, materials, supplies or equipment • Entering or attempting to enter locked offices, areas, files or records, and/or unauthorized use of any office, computers or other equipment, including telephones • Physical violence, or the threat of physical violence • Rude, discourteous or raucous behavior such as screaming, yelling or cursing • Activities or conduct which disrupt the activities or operations of Texas Filmmakers or the ability of others to conduct business • Shaving, bathing or changing in the bathrooms, except as preparation for going on camera for a studio • Derogatory language about an individual or group • Harassment, including sexual harassment, of any employee, user or guest of Texas Filmmakers • Sexual activity or obscene conduct in the facility • Nudity or inappropriate attire anywhere in the facility • Activities that may result in unsafe or unsanitary conditions Texas Filmmakers Public Access Proposal - Draft One Page 17 of 86 Restricted use of Denton Open Media premises: • Only qualified Producers and scheduled talent and crew will be permitted to be present at the Texas Filmmakers facilities. Such persons may only be present in connection with the use of the facilities for the production of Denton Open Media programming. Persons utilizing the production facilities will, at all times, consent to supervision by Texas Filmmakers staff. Do not schedule talent and/or guests to arrive before the producer arrives or otherwise separate from scheduled programming. • Children visiting the facilities must be accompanied by a responsible adult and must be supervised by that adult at all times. Texas Filmmakers staff cannot serve as babysitters or daycare while parents/guardians are involved in production. Children should not be brought to the facilities while parents/guardians are working on productions. Children are never allowed in production areas (studios, suites, labs, etc.), unless the child is directly involved in the production of a program. • Adults not directly involved in the production of a program may be asked by Texas Filmmakers staff to leave the production areas or the premises. • Members, producers, crew and their guests are solely and completely responsible for the safety and security of any materials or valuables they bring with them into Texas Filmmakers. Texas Filmmakers is not responsible for any lost, missing, damaged, or stolen items of any producer or their guests. Members, Producers, crew, guests and visitors are advised not to bring valuables to Texas Filmmakers. The Code of Conduct must be observed at all times in our facilities. If the staff feels that someone is either causing a disruption and/or is a potential threat to the safety of other persons, equipment, or facilities, that person will be asked to leave the premises immediately. A person asked to leave the premises may be subject to disciplinary actions, including immediate loss of facility and equipment use privileges, loss of channel access and legal action. Texas Filmmakers reports any known or suspected criminal conduct to the appropriate legal authorities. The Producer is responsible for the conduct of everyone invited or allowed to participate in his or her productions at the Texas Filmmakers facility. Failure of any guest of any producer to comply with facility rules may result in the termination of the producer's access privileges. Since Texas Filmmakers rules may not be apparent to all visitors, it is the Producer's duty to insure that everyone invited to Texas Filmmakers is made aware of the rules. We suggest that you provide all guests with this information. Texas Filmmakers Public Access Proposal - Draft One Page 18 of 86 Equipment usage policies Producers must submit a Project to use Denton Open Media production facilities in connection with the production of a program. All field and studio equipment may only be used by Denton Open Media Producers in good standing. Denton Open Media facilities and equipment may not be used in connection with any commercial activity, and producers may not otherwise profit from or market their use of or access to Denton Open Media facilities or equipment. If a Producer is discovered to be using public access equipment or facilities for commercial purposes the Producer's membership may be suspended or revoked. If a Producer is discovered to be using equipment and facilities for non-commercial projects unrelated to a program on Denton Open Media, the Producer will be charged the difference in fees retroactively for all rentals utilized for the unrelated, non-commercial program. See also: Commercial Content. All reservations can be made up to two months in advance, and may only be made and fulfilled by Texas Filmmakers members. The Producer who has made the reservation must be physically present to check out and return field gear and to use the facilities. All program crew persons who use or touch the equipment must be trained/certified to use the corresponding equipment. To reserve and utilize field equipment and facilities in conjunction with a program, you must have completed a training/certification to utilize the service, and must have entered a "Project" with us (information about your planned program or series). All field equipment and facilities reservations must be linked to programs you are expected to deliver or you will be required to pay higher rates. If a Producer is utilizing equipment or facilities for three months without delivering an expected program, equipment or facilities access may be suspended or producer may be charged retroactively for all usage at higher rates. Instances of misuse will be evaluated on a case-by-case basis at the discretion of Denton Open Media staff. Producers assume financial liability for damaged and/or missing equipment. If any piece of equipment that is in a Producer's care is lost or damaged, the Producer will be billed for the cost of the repair or replacement. The payment must be received before any future use of services. Texas Filmmakers Public Access Proposal - Draft One Page 19 of 86 Cancellation policy 1. Cancellation must be made at least 48 hours in advance for ALL services, including field equipment reservations, edit suites, studios, and trainings/certifications. 2. There is a $20 fee for any cancellation made less than 48 hours in advance, or for a no- show. 3. Field equipment returned late will be charged at the commercial rates listed on the contract. 4. A Producer may not make any subsequent reservations until any fines are paid in full. Programming Policies & Procedures 1) Producer responsibilities a) The copyright for any program belongs to the Producer or organization creating the program. Producers are required to select a license category when submitting content to Denton Open Media. To make use of all of Denton Open Media services and to maximize the program audience, Texas Filmmakers encourages Producers to choose a freely available Creative Commons license for their program. All of the Creative Commons licenses protect the copyright holder while allowing Denton Open Media and others to view, display, and use the work in the manner selected by the Producer and with appropriate attribution. (For more information, see http://creativecommons.org/about/licenses/.) Producers who do not wish for their content to be viewed online or by other audiences may select a "Broadcast Only" license. Producers who wish to retain all rights may select the "All Rights Reserved" license. Projects with this license must be non-commercial and all corresponding usage of equipment and facilities will be charged higher rates. b) Producer acknowledges that the private, commercial, for-profit use of Denton Open Media production and editing facilities is prohibited, and agrees to refrain from any such conduct. c) Producer agrees to make all appropriate arrangements with, and to obtain all clearances from, broadcast stations, networks, sponsors, music licensing organizations, performers' representatives and, without limitations, any and all other persons (natural and otherwise) as may be necessary to transmit its program material over the cable television system. Texas Filmmakers Public Access Proposal - Draft One Page 20 of 86 d) Producer is responsible for previewing programs scheduled for playback on Denton Open Media and editing or otherwise correcting any content that may violate Denton Open Media policies. e) Producer acknowledges and agrees that Producer is solely responsible for the payment for any public performance, musical licenses, and royalty payments that may be required to be paid to any party or organization due to the transmission of any kind of performance contained in said program. f) Denton Open Media evokes all available protections from liability related to the program content, including but not limited to, liability for any federal, state, or local law of libel, slander, incitement, invasion privacy, copyright, trademark, false or misleading advertising, or other similar law. The program Producer bears any and all liability related to the production of the program, the program content and message. 2) Program Content a) Applicants for program playback on Denton Open Media agree to the following terms and conditions concerning program content: i) Producers shall not transmit programming that violates applicable federal, state or local law, including material that is obscene, libelous or slanderous; ii) Producers shall comply will all applicable copyright laws; and iii) Producer shall not transmit programming that contains commercial material. b) Adult Programming. As the operator of a public access channel, Denton Open Media does not censor constitutionally protected speech. However, in cases involving controversial programming, the law provides that certain forms of speech can and should be restricted to late-night hours where children are less likely to find content not intended for or suited for children. In accordance with these considerations, we have established the following programming timeslot categories: i) General audiences - TV-PG/TV-G (any time of day or night) Texas Filmmakers Public Access Proposal - Draft One Page 21 of 86 Non-Adult: Programming intended for all audiences. This category is similar to what viewers are generally accustomed to seeing in TV-G, TV-PG, MPAA (Motion Picture Association of America) G, PG, and some PG-13 rated material, or on network broadcast television. ii) Parental guidance suggested - TV-14/PG-13 (10:00pm - 4:00am) Mild Adult: Programming intended for mature audiences only. This category of programming intended for adult audiences may include infrequent profanity, mild violence, and brief frontal nudity of a non-sexual or non-erotic nature. This category is similar to what viewers are generally accustomed to seeing in stronger MPAA PG-13 rated material, and some mild R rated material, or on some network broadcast and cablecast television (TV-14 or TV-MA) after 10:00pm. iii) Mature Audiences - TV-MA/R/NC-17 (1:00am - 4:00am) Strong Adult: Programming intended for mature audiences only that may include constitutionally-protected "indecent" material. This category includes any uses or depictions of violence, profanity, or nudity that is persistent or otherwise goes beyond brief or infrequent uses. This category is similar to what viewers are generally accustomed to seeing in MPAA R and NC-17 rated material, or in some cable TV pay-channels or pay-per-view channels. Obscene Materials Prohibited at All Times Material that is pornography (sometimes called "X" or "XXX" rated content, though these designations are not legally recognized) is legally obscene content, the broadcast of which is strictly prohibited on public access. At no times may such constitutionally unprotected material be cablecast on the channel. Producers of such material may be subject to prosecution. The Supreme Court has established that, to be obscene, material must meet a three-pronged test: *An average person, applying contemporary community standards, must find that the material, as a whole, appeals to the prurient interest; *The material must depict or describe, in a patently offensive way, sexual conduct specifically defined by applicable law; and *The material, taken as a whole, must lack serious literary, artistic, political, or scientific value. All references to TV and MPAA ratings are intended as a guideline only. Additional information about these ratings can be found at http://www.tvguidelines.org and http://www.mpaa.org. For more information about federal law and obscene programming, see http://www.fcc.gov/cgb/consumerfacts/obscene.htmi. Texas Filmmakers Public Access Proposal - Draft One Page 22 of 86 Producers submitting programming for cablecast must self-identify the appropriate classifications of any adult content in their programs and choose timeslots appropriate for their content. Series Producers must choose the category appropriate for the strongest content in any episode of their series. Producers purposefully misrepresenting the content of their programs and/or scheduling at inappropriate times are subject to a timeslot move, revocation, suspension, or other action. 3) Restrictions on Commercial Content a) Commercial content is any display, announcement, and/or references designed to promote the sale of any products, services, enterprises, or commercial events. Commercial promotion is any direct call to action (for example, language that invites the viewer to take action, such as "buy this CD at Target"). A contact number or web site address viewers can use "for more information" is acceptable. b) The qualities of products and services may be discussed in a non-commercial manner (e.g. as part of a review or consumer advocacy), as long as such discussion does not become a call to action to purchase a given product or service. For example, a food critic may visit a local restaurant to review food prepared at the restaurant. Or, one can interview an author of a book, to discuss the book's contents. In neither case should any references be made to the viewer to purchase the items and services being discussed. Programs cannot become "infomercials" that is, information provided with the underlying purpose to promote the sale of the item or service. c) Denton Open Media resources should not be used by Producers in any commercial way, or to gain any personal financial benefit. No Producer (co-producer, member, program guest, nor anyone else) may receive any direct or indirect compensation as a result of a call to action for the sale of products or services discussed on the channel. d) Non-profit Solicitations: i) A solicitation is a request for funds not in exchange for products or services. ii) A solicitation is not considered commercial content by Denton Open Media when the solicitation comes from an IRS designated non-profit or government agency, or by political candidates registered for election. Solicitations for funds are not permitted by individuals (other Texas Filmmakers Public Access Proposal - Draft One Page 23 of 86 than by registered political candidates), by for-profit businesses, or by any other groups that do not have IRS non-profit status. iii) Non-profits and government agencies may make on-going appeals for direct financial support in the concluding credits of any episodes or programs (verbally and/or visually) not to exceed 30 seconds in length (e.g. "please send your financial contribution in support of our organization to [address]"). Solicitations may not occur, directly or indirectly, within the content of the program. iv) A non-profit group making on-air solicitations must submit a copy of their IRS letter of tax exemption with their cablecast request form prior to program cablecast. v) No more than once per year, non-profits may produce an entire half-hour (28:30) episode devoted to fundraising for their organization (e.g. an on-air auction, a telethon, etc.). Revenues raised through the program must go entirely to support of that non-profit. vi) Political candidates registered for election may solicit funds to be sent to a campaign office, but producers must first submit a copy of proof of the candidate's election registration prior to program cablecast. f) Lotteries: Producers shall not cablecast any advertisement of, or information concerning, any letter, lottery, raffle, gift, enterprise, or similar scheme offering prizes dependent in whole or in part upon lot or chance, or any list of the prizes drawn or awarded by means of any letter, lottery, raffle, gift, enterprise or scheme, whether said list contains any part of or all of such prizes, and whether done for for-profit or non-profit purposes. g) Exemptions for Denton Open Media: The City-designated public access management entity (and any partners it chooses to collaborate with in fundraising endeavors) is exempt from rules limiting solicitations, raffles, and other fundraising activities, and is entitled to pursue any and all fundraising activities so long as they violate no federal, state or local laws, or the terms of its public access management contracts or grant agreements. h) Public service announcements: The same rules regarding commercial content apply to community bulletin board or public service announcement messages that apply to all other programming on the channel. No direct calls to action (no mention of ticket/event/entrance fee pricing, where to go to buy tickets, etc.) or direct solicitations of funds will be displayed. A contact number or web site address "for more information" is acceptable. Texas Filmmakers Public Access Proposal - Draft One Page 24 of 86 i) Political Programming: There are no special rules about political programming on the channel. For example, out-of-date broadcast television "equal time" rules do not apply to public access. All Producers of programming for the channel of any content (political content included) must follow all the same rules as contained in these Policies and Procedures. In addition to the public access offered to the residents of Denton, Denton Open Media may also produce and provide non-partisan election-related programming, and may do so from time to time at its discretion. Such programming is not subject to all the same rules as for local public access producers creating programming for the channel. 4) Program Financial Support and Underwriting a) "Underwriting" is reimbursement of direct out-of-pocket production cash expenses (e.g. videotape purchase, equipment rental fees, food to feed crew, or the cost of reasonable accommodation as covered under the Americans with Disabilities Act) from individuals, business, or organizations who choose to support that program. b) Producer is responsible for communicating with the underwriter. Producer shall take all reasonable steps to ensure that each underwriter understands that their support is a "no- strings-attached" contribution to public access television. By their contribution, underwriters are not buying any kind of advertising or promotion of their services or products. c) Producers may not personally profit or financially gain from their use of public access facilities; however, Producers may recover direct production costs through underwriting, subject to the following conditions: i) Underwriting compensation received may not exceed the actual direct production costs associated with production. ii) All expenses and compensation received must be documented and available for inspection upon request by Denton Open Media. iii) An underwriter or their representative(s) may not appear in the program they underwrite. iv) Producers cannot "sell" channel time or production facilities to other individuals or businesses, or in any way suggest to underwriters that they are buying any advertising time or services in exchange for their support. Texas Filmmakers Public Access Proposal - Draft One Page 25 of 86 d) Any underwriting support collected in excess of actual production costs must be either: i) returned to the underwriter, or ii) donated to Denton Open Media to support on-going operational costs. e) Producers may request underwriting support within the content of their programs, provided that such requests are confined to the concluding credits of the program and not exceed 30 seconds, in a program of 28:30 length or longer. An example of a permissible underwriting request would be the following statement made in connection with the concluding credits, "If you would like to help underwrite the productions costs of this program, please contact John Smith at 555-1212." f) Producers may acknowledge underwriting support through written and/or spoken acknowledgements. Denton Open Media does not follow the more relaxed PBS guidelines regarding underwriting acknowledgements. Producers shall comply with the following: i) Acknowledgements are subject to the following requirements: (1) limited to the concluding credits of the program only; (2) must not exceed 15 seconds per underwriter; and (3) must identify the underwriter's name only. ii) The display of addresses, phone numbers, websites, products, services, storefronts, jingles, logos, or slogans of underwriters as part of underwriting acknowledgement is not permitted. iii) An example of permissibly underwriting acknowledgement would be (text and/or spoken): "This program has been made possible in part through the generous support of the XYZ Corporation." 5) Providing Copies of Programs a) Viewer requests to Denton Open Media staff for copies will be referred to the Producer's public contact information. Texas Filmmakers Public Access Proposal - Draft One Page 26 of 86 b) Producers may mention in their programs the availability of copies to viewers, but such statements must: i) be confined to the closing credits only; ii) not exceed 15 seconds; and iii) be displayed as contact information only, pricing may not be displayed. c) The following is an example of a permissible statement regarding viewer copies: "For information on how to obtain a copy of this program, please contact John Smith, 555-1212." d) Producers may not profit from the sale of copies produced using the production facilities of Denton Open Media. e) Copies of programs produced with Denton Open Media resources may only be provided to viewers for an amount of no more than the cost to the producer for actual blank media stock, duplication costs, and mailing (rounded to the next highest dollar). Producers must provide documentation of such costs to Denton Open Media at its request. 6) Media Copying a) Producers must use their own blank media to record and/or edit their programs. This media belongs to the Producer. b) Producers may use designated Denton Open Media equipment to make no more than two copies (for personal archival purposes) of their own programs. c) Producers may not use public access resources (equipment) to make copies of raw footage or completed programs for distribution to others, including for viewers, or for distribution to other public access stations. d) Producers may purchase time on one of our duplication systems for all other copies (for viewers, or for distribution to other access centers). 7) Production Crew Compensation a) Because public access resources are not intended to financially support or allow people to make (or contribute to making) a living through production projects, and in the interest of community-building and encouraging volunteer participation, except as noted below in this section, Producers and other interested parties may not directly pay individuals to serve as Texas Filmmakers Public Access Proposal - Draft One Page 27 of 86 crew on any productions that use Denton Open Media production or editing facilities or equipment. b) Producers and crew already employed by a non-profit organization may serve as crew on a production related to that organization, provided i) any paid time for such production work is paid by the organization; ii) such production work falls within of employee's overall job responsibilities; and iii) the organization did not hire the employee or retained the contractor to serve solely as crew on one or more specific public access programs. 8) Internet Streaming a) In addition to broadcasting your content, Denton Open Media streams all eligible channel content on the Internet on our Web sites (httl2:ZZwww.texasfilmmal<ers.or and the future http://www.dentonopenmedia.com). The live Web streams mirror the live cablecasts of Denton Open Media, and content is then available for search and later discovery online. b) Denton Open Media Online is a public forum facilitated by Denton Open Media. Denton Open Media evokes all legal protections from liability related to the content of the web streams, including but not limited to, liability for any federal, state, or local law of libel, slander, incitement, invasion privacy, copyright, trademark, false or misleading advertising, or other similar law. The program Producer bears any and all liability that may result from the streaming or other distribution or their program as provided by Denton Open Media. c) Programs that contain adult content are not eligible for streaming. d) Producers may opt out of Internet streaming by selecting the appropriate license during project creation. 9) Program use in Denton Open Media Promotion a) Denton Open Media may archive a copy of your program and use the copy for the non- commercial purposes of promoting your program, promoting Denton Open Media, promoting Texas Filmmakers Public Access Proposal - Draft One Page 28 of 86 public access, or otherwise educating the public regarding the function and availability of public access. Such use may be on the channel or in other venues. b) As consideration for the opportunity that Denton Open Media may promote your program or otherwise display your program in connection with its promotion of public access, Producer agrees to indemnify and hold harmless Denton Open Media, the City and County of Denton and any regulating body or person from any and all liability in connection with any claim related to Denton Open Media's use of a program pursuant to this section 9. Such claims include but are not limited to claims for failure to comply with any applicable laws, rules, regulations, or other requirements of local, state or federal authorities; claims for libel, slander, invasion of privacy, or the infringement of common law or statutory copyright; claims for unauthorized use of any trademark, trade name or service mark; claims for breach of contractual or other obligations owing to third parties; the reasonable costs of defending against any of these claims or any related litigation; and for any other injury or damage or equity to Denton Open Media, the City and County of Denton and any regulating body or person, which is claimed to result from the Program. 10) Enforcement a) Denton Open Media may impose sanctions and penalties for failure to comply with Denton Open Media policies. Such sanctions and penalties may include but are not limited to fines, suspension of services, limitations on services, probation periods, and additional training at the member's expense. Penalties may be appealed. b) Appeals: i) Individuals who feel they have been denied fair access to channel time or facilities as described in Denton Open Media policies due to a notice of suspension may submit a written appeal to the Executive Director. ii) Producers must initiate Appeals within 21 days from a notice of suspension. iii) The Executive Director will submit a written response within 21 days of receipt of the written appeal. iv) Individuals who do not believe their appeal was fairly considered may submit a written appeal with documentation to the Board of Directors and may request to address the Board at Texas Filmmakers Public Access Proposal - Draft One Page 29 of 86 the next board meeting. The Board of Directors may choose to respond or deny the appeal at their sole discretion. c) Staff will happily explain any policies or procedures to inquiring producers, guests, or visitors. Persons wishing to debate or challenge policies and procedures should not debate policy with staff, but instead should bring their concerns to the Executive Director. Arguing with staff over policy issues to the point of distracting them from their work, or otherwise causing a disturbance is a violation of the Denton Open Media Code of Conduct. d) Denton Open Media makes every effort to follow and enforce all policies and procedures. If for whatever reason Denton Open Media staff does not enforce a particular rule at a particular time (e.g. staff has not noticed the violation of a policy, or staff has made a one-time exception due to unforeseen or unique circumstances), this act or omission shall not mean that the rule at issue is no longer enforced or that a future exception will be made. Denton Open Media's failure to enforce a specific policy or procedure is not a waiver of that policy or procedure, and such action or omission does not limit Denton Open Media's right to enforce all provisions of the Polices & Procedures. 2. Experience Texas Filmmakers was founded in 2004 by Joshua Butler with the intention of providing access to electronic media resources that were otherwise too costly for the average member of the community. Texas Filmmakers believes that telling compelling stories is powerful for both media maker and audience; and therefore our mission has been to increase the cultural and economic participation of underserved communities through media. Over the last six plus years, Texas Filmmakers' programs and services have brought together a multi-generational mix of artists, experienced media professionals, educators, low-income youth and adults, and non-profit and industry partners who have contributed to the entrepreneurial spirit of the organization. Our current programs include: • Technology Access - Texas Filmmakers provides free and low-cost access to production and postproduction equipment, facilities, and services to hundreds of individuals and dozens of non-profit organizations annually. Production equipment includes cameras, Texas Filmmakers Public Access Proposal - Draft One Page 30 of 86 tripods, microphones, lights, and other support equipment. Postproduction facilities include two High Definition edit suites: one Final Cut Pro Suite and one Adobe CS5 Suite; and two Standard Definition edit suites, both using Adobe CS2. • Training & Education -Texas Filmmakers provides digital video, digital audio, web design, and multimedia training to its members. For nearly five years, Texas Filmmakers has offered a free basic equipment workshop once a month in which we provide basic instruction on the use and function of Digital Video cameras and support equipment. This is a program area which will see dramatic expansion over the next few years to include a collection of online tutorials covering a variety of production topics. In Addition, each year at Thin Line Film Fest we record all educational workshops. This collection is growing and covers topics ranging from film finance to post-production audio workflows. • Texas Film & Video Grants - Since 2006, Texas Filmmakers has provided thousands of dollars in grants to emerging media makers from around the state. This is only the second grant program in Texas for film and video production; the other is out of Austin. • Thin Line Film Fest - Thin Line is the only documentary film festival in the State of Texas. Held February 16-20, 2011 in downtown Denton, Thin Line brings thousands of people into our community to watch and celebrate the best documentary films in the world. In 2010, Thin Line gained national recognition with the Texas Premiere of GasLand, the Sundance-winning documentary about natural gas drilling. Director Josh Fox flew in from New York and the screening was attended by the then regional director of the EPA. Other notable films include the Texas Premiere of the Oscar-nominated, The Most Dangerous Man In America; and the Oscar-winning, The Cove. • TF Online -TF Online is a fully-featured online community powered by open-source software. Members can create online profiles; advertise their skills and experience; connect with other local and regional media makers; download production forms and contracts; upload all types of media including video, audio, and documents; and much more. • Ongoing Events - Texas Filmmakers produces a variety of events year-round that encourage community participation, that fuel a greater social awareness, and that appeal to a wide and diverse audience. In 2009, Texas Filmmakers partnered with the International Documentary Association to screen a collection of films, both historical and current, covering environmental issues ranging from the radically changing prairie landscape to the creative re-use of one man's garbage. Other events include quarterly networking mixers, semi-annual video races, and seasonal monthly screenings. Our next event series is called the FreeWheel Film Series and is a joint effort of Texas Filmmakers and Bike Friendly Denton. Texas Filmmakers Public Access Proposal - Draft One Page 31 of 86 fl„ 1 s x Y . Texas Filmmakers was created in 2004 without a single member, donor, grant, or donation. From nothing we created a community media organization that has consistently provided the public with free or low-cost access to electronic media resources and outlets. Within months of founding we opened our first community media facility at 309 N. Locust. Three years later we moved to our current location at 405 S. Elm St., Suite 102. Here we maintain our editing lab, equipment rentals, classroom, and corporate offices. For six years we have maintained a public facility. In 2006, Texas Filmmakers' President Joshua Butler took a position with Charter Communications as the Public Access Coordinator. Since then, Texas Filmmakers has provided access to its equipment and facilities to all public access producers. This is important because the equipment and facilities made available by Charter Communications has been less than adequate. There is only one working camera from the early nineties, and no editing facilities. Since 2006, 4 out of 5 TV shows produced for Denton Public Access has been edited using Texas Filmmakers facilities. On the next page is a current breakdown of content on Denton Public Access TV: Texas Filmmakers Public Access Proposal - Draft One Page 32 of 86 Channel 25/39 Program Breakdown Prepared by Joshua Butler Program Name Producer Length #slotsANeek Type Origination Years on Access A Clear View Pat Rhoden 30 2 Religious Regional - Studio 1 A Perfect Reflection Dorothy Diggs 30 2 Religious Regional - Studio 1 American Democracy N 60 3 Government/Political Out of Area - DVD from Producer 5 Arise & Shine Morning Glory Sheryl Carnes 30 2 Religious Local - Studio 4 Ask Sista Wills Cynthia Wills 30 2 Religious Regional - Studio 1 Blase N Jeff Blaszcyk 30 3 Cultural/Artistic Local - DVD from Producer 1 Booples Bear Cahill 30 1 Kids Local - DVD from Producer 3 Buddy Gilmore Buddy Gilmore 30 4 Cultural/Artistic Local - DVD from Producer 15 Denton County Commissioners Court Varies 2 Government/Political Local - Courthouse 10 Denton Full Gospel F.H. Daniels III 30 2 Religious Local - Studio 10 Denton Perspective Linnie McAdams 60 27 Local Topics/Commentary Local - Studio 27 Dirty Stars 30 3 Comedy Out of Area - DVD from Producer 1 Discover Denton Dr. John Paul Eddy 30 5 Local Topics/Commentary Local - Studio 5 Enhancing Your Life Ruth Irwin 60 2 Religious Local - Studio 3 Exploring Nature Dale Branum 30 4 Local Topics/Commentary Local - Field Production 3 F-Bomb 30 3 Comedy Local - DVD from Producer 1 First United Methodist Church Gwen Jump 90 1 Religious Local - LIVE from Church 10 Happy Town Carole Butterfield 30 1 Kids Local - DVD from Producer 3 In His Presence Dr. Omega Brown 30 2 Religious Regional - Studio 1 Infinity Ministries LeQuicia Scott 30 2 Religious Regional - Studio 1 Jazzercise 30 5 Sports Out of Area - DVD from Producer 5 Let Freedom Reign Angela Dunaway 30 2 Religious Regional - Studio 1 Library Larry's Big Day City of Denton 30 2 Kids Local - City 1 Making A Difference Mary Beth Clements 30 2 Religious Regional - Studio 1 Mike Miller Show Miek Miller 30 7Cultural/Artistic Local - Studio 1 Ministry in the Streets Brother Red 60 2 Religious Out of Area - DVD from Producer 3 Music & the Spoken Word Bonneville Broadcasting 30 2 Religious Out of Area - DVD from Producer 2 Now You Know Kimberly Pardi 30 4Local Topics/Commentary Local - Studio 3 On the Way Home Jerrie Pitts 30 2 Religious Local - Studio 6 Pearls of Shalom Theresa Westbrook 30 2 Religious Local - Studio 4 People Need the Lord John Gmfa 30 2 Religious Local - Studio 2 Rise Within Us 30 2 Religious Regional - Studio 1 Secrets of the Bible Eveli Collins 30 2 Religious Regional - Studio 1 Sharing Miracles 30 4 Cultural/Artistic Out of Area - DVD from Producer 1 Tell Them That We Care Linda Gutierrez 30 2 Religious Local - Studio 5 Texas Country Gospel Mary Fay Jackson 60 2 Religious Out of Area - DVD from Producer 3 The New Beginning Fay Buggs 30 2 Religious Regional - Studio 1 Time of Visitation Conal Royal 30 2 Religious Regional - Studio 2 Touch Him Herman Davis 30 2 Religious Regional - Studio 1 Walk in the Light Inex Gilbert 30 2 Religious Regional - Studio 1 1380 3.125 151 As you can see, forty (40) different shows are produced or delivered every month representing twenty-three (23) hours of original programming and over one hundred and fifty-one years of aggregated public access history. The longest running show is Denton Perspective hosted by Linnie McAdams. The exact start date of Linnie's show is uncertain but her best guess is the late eighties. Each show runs an average of 3.125 times per week. This workload is substantial for any studio and should be the baseline for community participation moving forward. Though Texas Filmmakers has not officially managed a public access channel, there is deep experience among Texas Filmmakers Board of Directors related to broadcast and multi- platform content distribution. Additionally, Texas Filmmakers programs and services have supported cutting-edge production and postproduction workflows that facilitate the creation of programming that meets broadcast technical standards and also the "new public media" - short-form content, youth-produced work, games, mobile applications, digital stories, and social networking applications. Texas Filmmakers Public Access Proposal - Draft One Page 33 of 86 To deepen our expertise in the public access space, we have enlisted the support and collaboration of members within the Alliance for Community Media, including but not limited to: Tony Shawcross (Denver, CO),1enn Olivia (San Francisco, CA), and Robert Kam (Olympia, WA) as advisors. We will work with the Participatory Culture Foundation (creators of Miro) and participate in a peer-learning Open Media Network community that includes public access operators in Philadelphia (PA), Austin (TX), Cambridge (MA), and Denver (CO). Tony Shawcross is currently Executive Director of Denver Open Media and founder of the Open Media Foundation. The Open Media Foundation has developed a suite of open-source software tools that can be used to greatly reduce the management and operational requirements of public access TV centers. This includes software to handle membership, training, equipment/studio rentals, user-based scheduling, and more. Tony will provide guidance related to the implementation of the Open Media system. Tenn Olivia is the Operations Manager for the Bay Area Video Coalition (BAVC). In 2009, BAVC successfully won the operations and management contract of the San Francisco public access TV station. BAVC's model was based upon the Open Media model developed by the Open Media Foundation. Jennifer has and will consult on operational workflow. The Participatory Culture Foundation developed Miro (getmiro.com), an open-sourced Internet media platform. The Miro Guide supports the Internet's largest repository of video podcasts and supports over 300,000 unique visitors monthly. In October of 2008, with support from the Knight Foundation, Miro announced the Miro Local TV initiative, to allow... "anyone to build a local video community in their city and town, around the content that's already being posted to video blogs and large video sharing sites." Miro is partnering with local public access stations across the nation, and Texas Filmmakers will push to be included. Texas Filmmakers remains active with a number of partners and consortiums to help guide best practices. If awarded, Texas Filmmakers will be joining The Alliance for Community Media. We will also continue relationships with the Open Media Network. With these partners, Texas Filmmakers is poised to present a new model for the sustainable operation of a tech-savvy "Public Access 2.0" combined Internet broadcast services facility. Texas Filmmakers Public Access Proposal - Draft One Page 34 of 86 L PE Narrative For years, the City of Denton has collected a PEG Fee of $.50/month from every cable subscriber. This fee is collected to support Public, Education, and Government cable access channels. Supporting the Public access channel means providing the citizens of Denton access to the tools, resources, and outlets necessary to create and distribute electronic media. Texas Filmmakers believes it is time to use the PEG Fund to create a community media center which meets that purpose. According to Billy Matthews, there will be $400,000 in the PEG Fund at the end of the current City of Denton fiscal year. That account grows by nearly $250,000 annually. Texas Filmmakers' total PEG Fund request is 1.4 million dollars over eleven years. These funds will be used for building a community media center and then purchasing the necessary equipment. Projections and timeline Capital Expense Year1 Year2 Year3 Year4 YearS Year6 Year7 Year8 Year9 Year 10 Year 11 Totals Equipment $15,000 $250,000 $ 15,000 $ 15,000 $ 15,000 $ 15,000 $ 15,000 $ 15,000 $ 15,000 $ 15,000 $ 15,000 $ 400,000 Loan Payment $ - $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $1,000,000 Totals: $15,000 $ 350,000 $115,000 $115,000 $115,000 $115,000 $115,000 $115,000 $115,000 $115,000 $115,000 $1,400,000 Legal Opinion Texas Filmmakers believes that PEG Funds can legally be granted to a 501(c)(3) non-profit organization for capital expenses related to providing public access to electronic media creation resources and distribution through the local cable system. Texas Filmmakers and the City of Denton will be partners in providing public access with capital costs covered by the City and operating costs covered by Texas Filmmakers. As such, we believe Texas Filmmakers can legally operate our other programs and services (Thin Line Film Fest, grants, etc.) out of the proposed facility. Texas Filmmakers began seeking a legal opinion on this matter but it was not ready for inclusion in this proposal. If it is determined that this arrangement does not adequately fit within the framework of the current laws, we are willing to discuss any PEG funding arrangement that allows Texas Texas Filmmakers Public Access Proposal - Draft One Page 35 of 86 Filmmakers to further its mission while operating public access television out of a community media center funded in part or in whole by PEG Funds. Texas Filmmakers' fiscal year is September 1 through August 31. 2009/2010 revenues are roughly $46,000. In year one of public access operations, Texas Filmmakers anticipates needing roughly $50,000 in order to cover the administrative and operating expenses of public access operations, staffing, and community outreach. An additional $15,000 will be requested in PEG Funds in support of capital expenditures. In year one, capital expenditures will include basic equipment necessary to provide a seamless transition from the current access provider. In subsequent years, PEG Fund support would allow for the creation of a community media center. We have calculated the equipment and purchase costs of a new facility based upon initial meetings with equipment vendors and construction contractors. Texas Filmmakers is confident that the requested PEG Fund support would adequately cover these costs. The following budget separates year one expenses into Texas Filmmakers (TF) and Denton Open Media (DOM). Years two and three are combined as only a few line items will change significantly: Business Equipment and Loan Payments, both of which are capital expenses against which Texas Filmmakers is requesting PEG Fund support. Compensation The Executive Director (1 FTE) is budgeted at an annual rate of $40,000 in year one. The Executive Director is responsible for day to day operations of public access services, programming and community relations. Assistant Director (.2 FTE) is budgeted at an annual rate of $6,400 beginning in year two. The Assistant Director will be responsible to assisting the Executive Director in the overall management of public access services, programming and community relations. System Administrator (.1 FTE) is budgeted at an annual rate of $3,500 beginning in year two. The System Administrator will be responsible for implementing and administering the internal networks and data systems. Texas Filmmakers Public Access Proposal - Draft One Page 36 of 86 Instructor (.05 FTE) is budgeted at an annual rate of $2,880 beginning in year two. Instructor is responsible for recording online training sessions. Programming Assistants are budgeted at .4 FTE ($6,656) and will begin in year two. Programming Assistants will provide production support as well as technical assistance to public access producers. Taxes and Benefits -1.0 FTE results in an overall compensation cost of $40,000 in Year 1. Texas Filmmakers will not be required to pay unemployment tax, and no benefits will be paid to employees. Other Expenses Advertising, which includes advertising only for Thin Line Film Fest, totals $10,000 in Year 1. This increase from last year is due to the anticipation of receiving a HOT Fund grant for festival advertising. As this line item increases each year, so will the corresponding HOT Fund line item in the revenue projections. Automobile, which includes vehicle rentals and gasoline for Thin Line Film Fest, totals $800 in year one and increases modestly each year. Bank Service Charges, which includes bank fees, totals $350 in year one. Business Entertainment, totals $50 in year one and increases modestly each year. Business Equipment, which includes all capital expenses related to equipment purchases, totals $18,000 in year one against which Texas Filmmakers is requesting PEG Fund support in the amount of $15,000. This expense significantly increases in year two reflecting the one-time PEG Grant necessary to purchase equipment for the community media center. In year three Texas Filmmakers again requests PEG Fund support in the amount of $15,000 for basic equipment purchases and repairs. Business Insurance, which includes commercial liability, equipment loss coverage, and special event coverage for Thin Line Film Fest, totals $4,000 in year one. This item increases in year two and three to cover the new facility and new equipment. Business Meals, totals $250 in year one and increases modestly in year two. Texas Filmmakers Public Access Proposal - Draft One Page 37 of 86 Business Taxes, which includes Texas sales tax, totals $500 in year one and increases modestly each year. Business Travel, which includes travel expenses related to Thin Line Film Fest filmmakers, totals $750 in year one and increases each year in anticipation of festival growth. Cash Withdrawals, which includes cash register tills for Thin Line Film Fest and other events, totals $2,000 in year one. This cash comes back in the "Other Income" line item in the revenue projections. Contract Labor, totals $500 in year one. Equipment Rental, which includes equipment rented for Thin Line Film Fest, totals $9,000 and increases modestly in year two in anticipation of festival growth. Event Expenses, which includes expenses for video races, screenings, and festival events, totals $5,500 in year one and increases modestly each year. Internet Services, which includes hosting, programming, domains, and internet software, totals $1,500 in year one and increases modestly each year. Inventory Purchases, which includes tape stock, totals $150 in year one and increases in year two and three. Licenses and Permits, which includes licensing fees for some Thin Line Film Fest content, totals $2,400 in year one and increases each year in anticipation of festival growth. Loan (Commercial) Payments, which includes payments on the loan to purchase and build the community media center, totals $0 in year one. In year two through eleven this line item will be $100,000 against which Texas Filmmaker is requesting PEG Fund support. Office Rent, which includes rent payments for Texas Filmmakers facilities, totals $14,380 in year one. This line item will go to $0 in year two upon the relocation to the new community media center. Texas Filmmakers Public Access Proposal - Draft One Page 38 of 86 Office Supplies, which includes basic office needs, totals $750 in year one and increases modestly each year. Office Utilities, which includes electricity, water, and trash, totals $2,350 in year one and then increases in year two to cover the new facility costs. Postage/Delivery, which includes shipping for Thin Line Film Fest, totals $1,000 in year one and increases modestly each year in anticipation of festival growth. Printing/Copying, which includes all printing for Thin Line Film Fest, totals $4,000 in year one and increases modestly each year in anticipation of festival growth. Security, which includes alarm monitoring and equipment, totals $0 in year one but increases significantly in year two for the new facility. Space Rental, which includes theaters and venues for Thin Line Film Fest, totals $4,250 in year one and increase slightly each year. Texas Filmmakers Public Access Proposal - Draft One Page 39 of 86 09/10 TF 10/11 TF + 10/11 DOM = Year 1 Year 2 Year 3 Compensation FTE Executive Director 1.00 $ $ $ 40,000.00 $ 40,000.00 $ 45,000.00 $ 50,000.00 Assistant Director 20 $ $ 0 $ $ 6,400.00 $ 7,200.00 System Administrator 10 $ $ 0 $ $ 3,500.00 $ 3,900.00 Instructor 05 $ $ 0 $ $ 2,880.00 $ 3,200.00 Programming Assistants .40 $ $ 0 $ - $ 6,656.00 $ 7,500.00 Total Compensation: 1.75 $ $ $ 40,000.00 $ 40,000.00 $ 64,436.00 $ 71,800.00 Other Expenses Advertising $ 600.25 $ 10,000.00 $ - $ 10,000.00 $ 22,500.00 $ 27,500.00 Automobile (Business) $ 797.99 $ 800.00 $ $ 800.00 $ 1,250.00 $ 1,500.00 Bank Service Charges $ 818.91 $ 350.00 $ $ 350.00 $ 350.00 $ 350.00 Business Entertainment $ 25.00 $ 50.00 $ $ 50.00 $ 150.00 $ 150.00 Business Equipment $ 1,122.21 $ 3,000.00 $ 15,000.00 $ 18,000.00 $250,000.00 $ 15,000.00 Business Insurance $ 2,603.78 $ 2,750.00 $ 1,250.00 $ 4,000.00 $ 5,500.00 $ 5,750.00 Business Meals $ 159.06 $ 250.00 $ - $ 250.00 $ 500.00 $ 500.00 Business Taxes $ 416.54 $ 500.00 $ $ 500.00 $ 750.00 $ 1,000.00 Business Travel $ 301.71 $ 750.00 $ $ 750.00 $ 1,250.00 $ 1,750.00 Cash Withdrawal $ 4,410.00 $ 2,000.00 $ $ 2,000.00 $ 2,000.00 $ 2,000.00 Contract Labor $ 525.00 $ 500.00 $ $ 500.00 $ 500.00 $ 500.00 Equipment Rental $ 8,260.00 $ 9,000.00 $ $ 9,000.00 $ 10,000.00 $ 10,000.00 Event Expenses $ 5,634.54 $ 5,500.00 $ $ 5,500.00 $ 7,000.00 $ 7,500.00 Internet Service $ 695.67 $ 1,250.00 $ 250.00 $ 1,500.00 $ 2,250.00 $ 2,500.00 Inventory Purchases $ 129.98 $ 150.00 $ - $ 150.00 $ 500.00 $ 750.00 Licenses and Permits $ 1,637.51 $ 2,400.00 $ $ 2,400.00 $ 3,200.00 $ 4,000.00 Loan (Commerical) Payments $ - $ - $ $ - $100,000.00 $100,000.00 Office Phone $ 1,551.37 $ 1,250.00 $ $ 1,250.00 $ 1,500.00 $ 1,500.00 Office Rent $ 7,180.00 $ 7,180.00 $ 7,200.00 $ 14,380.00 $ - $ - Office Supplies $ 999.54 $ 750.00 $ - $ 750.00 $ 1,250.00 $ 1,500.00 Office Utilities $ 1,151.15 $ 1,150.00 $ 1,200.00 $ 2,350.00 $ 3,500.00 $ 3,500.00 Postage/Delivery $ 870.21 $ 1,000.00 $ - $ 1,000.00 $ 1,500.00 $ 1,750.00 Printing/Copying $ 2,329.95 $ 4,000.00 $ $ 4,000.00 $ 5,500.00 $ 6,000.00 Security $ - $ - $ $ - $ 750.00 $ 750.00 Space Rental $ 4,060.00 $ 4,250.00 $ $ 4,250.00 $ 4,500.00 $ 4,750.00 Total: $ 46,280.37 $ 58,830.00 $ 64,900.00 $123,730.00 $490,636.00 $272,300.00 Our plans for current facilities and equipment are as follows: • Facilities: It is our assumption that Charter Communications has no plan to offer the current facility to the new access provider. • Equipment: There are a few items needed from Charter in order to continue seamless operation of the TV station. This equipment includes the broadcast server, various decks, and some lights. If Texas Filmmakers is granted the contract to operate public access we will pursue a donation strategy with Charter for this select equipment. Texas Filmmakers Public Access Proposal - Draft One Page 40 of 86 . F i,, Texas Filmmakers is confident in our ability to secure revenue in support of Denton's public access operations. By year three, revenue should more than outpace the ongoing PEG Fund support from the City. From a combination of earned and granted support, we will provide a broad and varied support structure that will enable us to continually offer programs that are highly regarded at the local and regional level, and to develop new programs based on the interest of our constituencies. Underwriting If awarded the contract, Texas Filmmakers will pursue an aggressive underwriting campaign aimed at community-conscious, local corporations. With the addition of channel air time, we will leverage our multiple "sponsorship properties" to acquire a single corporate sponsor to underwrite the station and present Thin Line Film Fest. Thin Line is poised to attract a presenting sponsor coming off a stellar year in which we are still receiving national attention. With guaranteed airtime every hour of every day on local television, the combined sponsorship opportunity is a value for the right business. In addition, with the creation of a community media center; Texas Filmmakers would sell the naming rights. Training Accessible and affordable training is the key to the ongoing success for organizations such as Texas Filmmakers. Leveraging key relationships with regional industry associations such as the Dallas Producers Association, Texas Filmmakers will offer a lineup of in-person and online training sessions covering a wide range of topics from Advanced After Effects to Basic Computer Skills. A single in-person training session can accommodate up to a dozen people and can range in price from $35 to $150. As sessions are recorded and added to the online training library they will create a constant revenue stream with international potential. The Bay Area Video Coalition in San Francisco has a contract with the California Workforce Commission to provide 'high-tech' training to employed and unemployed workers. This represents a significant portion of their annual revenue. Texas Filmmakers will explore a similar program here in Texas. Texas Filmmakers Public Access Proposal - Draft One Page 41 of 86 Public Support The public wants more access; and we believe that when made aware of the need for support, the residents of Denton will step up to the plate. Texas Filmmakers has planned a public support campaign around the idea of expanding the resource of public access TV. This station benefits the entire community from churches to musicians. A community-wide fundraising effort will commence the moment we win the contract. This will include two fundraising events to be held this fall/winter with the goal of raising $10,000: and the fundraising won't stop there. We anticipate using airtime year-round to raise another $10,000 annually in public support. Membership Campaign Texas Filmmakers offers a robust membership program to more than 150 members. Our membership structure provides a steady stream of income for the organization while responding to the needs of Denton-based media makers. The current price for a membership is $150/annually. That will increase to $200/annually if we acquire the TV station. Texas Filmmakers members are entitled to a variety of benefits that help them to develop their technical and aesthetic skills. In addition to discounts on training, Texas Filmmakers members receive: • Denton-residents can produce programs for broadcast • Regular networking opportunities • Online resources such as hundreds of forms, a personal profile, collaborative tools and much more. • Free admission to Texas Filmmakers events • Creative project consultation with Texas Filmmakers staff • Discounts to Thin Line Film Fest • Deep discounts on equipment rental and facility access Texas Filmmakers projects that with the acquisition of the public access TV station and the corresponding public campaign, at least 100 people will become members of the organization; helping Texas Filmmakers to realize $20,000 in revenue based on membership prices alone. Access Fees All equipment and facility access will be fee-based in order to provide needed operating support. Denton Open Media producers will receive the lowest rates including free access to Texas Filmmakers Public Access Proposal - Draft One Page 42 of 86 editing suites and $10/day camera rentals. Other members of Texas Filmmakers will pay slightly higher rates such as $10/day for an edit suite and $25/day for a camera. For commercial projects, Texas Filmmakers offers standard commercial rates on equipment and facility use. Thin Line Film Fest Thin Line Film Fest is fresh off a banner year in which attendance and revenue tripled for the third straight time! If that happens again we expect as much as $20,000 in revenue available to help cover organizational operating expenses in year one. Thin Line Film Fest has the most headroom of any of our programs. The sky is the limit. If we are able to continue bringing in nationally recognized films and filmmakers, this event has the potential for a seven figure budget in the next five to ten years. Foundation Support Texas Filmmakers has a history of receiving funds from the Greater Denton Arts Council for Thin Line Film Fest. We hope to receive support again in 2011. As seen in the following budget, beginning in the 2010/2011 fiscal year Texas Filmmakers will have a budget above $50,000 and will therefore be eligible for support from the Texas Commission on the Arts. Texas Filmmakers will pursue support from other local foundations as well as the Denton Benefit League Category 09/10 10/11 TF + 10/11 DOM = Year l Year 2 Year 3 Fees $ 1,157.50 $ 1,250.00 $ $ 1,250.00 $ 1,500.00 $ 1,750.00 Grants Denton Benefit League $ - $ 5,000.00 $ $ 5,000.00 $ 5,000.00 $ 5,000.00 GDAC $ 3,250.00 $ - $ $ - $ 3,250.00 $ 3,250.00 HOT Funds $ - $ 10,000.00 $ $ 10,000.00 $ 20,000.00 $ 25,000.00 PEG Funds $ $ - $ 15,000.00 $ 15,000.00 $350,000.00 $115,000.00 TCA $ $ - $ - $ - $ 10,000.00 $ 10,000.00 Other Income $ 5,204.36 $ 5,100.00 $ $ 5,100.00 $ 6,750.00 $ 6,750.00 Sales Income Donations $ 2,150.00 $ 5,000.00 $ $ 5,000.00 $ 15,000.00 $ 7,500.00 Equipment Rentals $ 2,555.00 $ 2,500.00 $ 1,500.00 $ 4,000.00 $ 6,500.00 $ 8,000.00 Festival Advertising $ 4,750.00 $ 7,500.00 $ - $ 7,500.00 $ 9,000.00 $ 10,000.00 Festival Sales $ 8,218.00 $ 20,000.00 $ $ 20,000.00 $ 25,000.00 $ 25,000.00 Festival Sponsorships $ 11,750.00 $ 40,000.00 $ $ 40,000.00 $ 40,000.00 $ 40,000.00 Fundraising Events $ 1,600.00 $ - $ 10,000.00 $ 10,000.00 $ 2,500.00 $ 2,500.00 Inventory Sales $ 300.00 $ 250.00 $ 250.00 $ 500.00 $ 1,250.00 $ 1,250.00 Memberships $ 1,000.00 $ 5,000.00 $ 5,000.00 $ 10, 000.00 $ 10, 000.00 $ 10, 000.00 Services Income $ 4,271.00 $ 1,250.00 $ 1,250.00 $ 2,500.00 $ 7,500.00 $ 10,000.00 Underwriting $ - $ - $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 Total: $ 46,205.86 r$102,850 00 $ 58,000.00 $160,850.00 $538,250.00 $306,000.00 Texas Filmmakers Public Access Proposal - Draft One Page 43 of 86 In-Kind Contributions Anyone who works in the non-profit world knows the value of in-kind contributions. Texas Filmmakers has achieved remarkable success leveraging our local and regional relationships to receive thousands of dollars in in-kind contributions. For example, the 2010 Thin Line Film Fest received over $75,000 in in-kind support. That is how we are able to turn $25,000 cash into a $100,000 film festival. We will bring these same skills to Denton Open Media; turning a relatively small investment into a wealth of value for the City and the community. Volunteers Since its creation in 2004, Texas Filmmakers has been a volunteer-run organization. For many years, we were supported by hundreds of volunteers working thousands of volunteer hours at various fundraising events. Volunteers have always been a supporting force internal to Texas Filmmakers, offering a win-win for the organization and participants alike. A community media center is a perfect place to use local volunteers to perform basic facility functions such as Receptionist. For many people looking to get into media, volunteering at a media facility such as the one envisioned is exciting and fulfilling. Texas Filmmakers will have no problem placing volunteers in entry-level positions. Internships. In 2010, Texas Filmmakers instituted a formal internship relationship with the University of North Texas. We have an excellent relationship with the Department of Radio, Television, and Film and they have expressed interest and excitement in working with Denton Open Media. Interns (both class-credit and volunteer) will gain job skills and experience while contributing to and supporting the organization. Interns will support programming and production activities, and receive guidance and placement in Texas Filmmakers classes that support their work and learning in a professional production environment. C. .ten Texas Filmmakers' goal in assuming public access operations is to transform the current operating model of public access into a pubic media resource for the next generation of Denton residents. Towards this goal, Texas Filmmakers will develop an operational plan for public access operations through 2015, and a sustainable strategy for operations thereafter. This will incorporate content development, revenue, services, programming, and outreach plans. Texas Filmmakers Public Access Proposal - Draft One Page 44 of 86 basic by, January 1, 2011-June 30, 2011 In our first phase of operations, we will seamlessly maintain the broadcast channels, implement automated broadcast scheduling systems, develop Denton Open Media Online channels in partnership with Miro Local TV, formalize a local network of nonprofit partners, content providers, and access providers, and develop initial frameworks and tools for the submission of content from the public. Operational activities: • Broadcast: Maintenance of broadcast signal. It will be presumed that the currently functional automated broadcast player can be maintained. • Partnerships: Development of formal nonprofit memberships, content partnerships, tiered production pathways, and training modules for content providers. • Facilities: Texas Filmmakers will sign a lease on a new facility to accommodate a public open-access facility offering low-cost studio production support and equipment rentals. We will implement an automated remote upload and scheduling system for the public and a customized implementation of Miro Local TV. • Media Center: Design and begin construction of the new community media center. • Policies and training: Development of policies, training modules, FAQs and protocols for communication for public access producers and organizations. • Outreach: Develop outreach materials, conduct outreach to local nonprofit organizations and producers, conduct targeted outreach to existing public access producers, hold orientation meeting for producers and partners, conduct community survey and assessment of desired features/services, promote launch of new services. • Development: Secure revenues and foundation support for Year 2 activities. - ey°vicc,.., , cons ti g, gnu move July 1, 2011 through December 31, 2011 In the second phase of operations, Texas Filmmakers will expand to offer multiple online channels that provide new media interactivity, content, tools and means for community engagement. The automated server and scheduler will work across these sites. In partnership with Participatory Culture Foundation, we will develop additional tools and features for Denton's public access system, tentatively entitled "Denton Open Media." Texas Filmmakers Public Access Proposal - Draft One Page 45 of 86 Activities will include: • Complete construction and build-out of community media center. Transfer operations to the new facility in order to "go live" on January 1, 2012 • Release five online training modules • Offer equipment and training access • More robust administrative features and tools for partner curation/moderation • Enhanced outreach activities such as content contests and community voting • Broadcast stream online (low-latency streaming mirror of broadcast channel, with additional features such as live chat/comment/interactivity around content) • Enhanced distribution services for producers, automated distribution to mobile, social network and streaming sites • Custom online channel creation • Personal curation, subscription, and customization tools • Public Service Announcement support services; producer internships • Metadata and federated search capacity January 1, 2012 - December 31, 2016 Phase three of our public access operations will begin with going live in our new community media center. The new facility will allow greater expansion and resource for the community. In years two through five Texas Filmmakers will focus on: • Operation and management of new community media center • City-wide marketing and community awareness/participation campaign • Integration of services and programming across all Texas Filmmakers operations • Expanded training including high-tech workforce development and a much expanded lineup of available classes • Expanded production and distribution of original programming (Daily News, Denton City Limits) • Evaluation and refinement of business model; external consultation & planning • Formal systems documentation and programming evaluation Beginning January 1, 2017 • Expansion of developed model to other sites Texas Filmmakers Public Access Proposal - Draft One Page 46 of 86 • Exploration of fiber optic network distribution opportunities (e.g. direct streaming of content to/from other community facilities) • Sharing of content with national partners -A C-- Texas Filmmakers will have the capacity to dramatically expand access and choices in media technology training to the Denton community by offering most of our basic sessions online. Texas Filmmakers will then contribute net revenues from our training programs to supplement public access subsidies. Revenue growth will be driven through training and online services. Online training will include advanced creative applications and will also include entry level productivity software such as Excel and PowerPoint, to better engage non-profit organizations and non-media producing community members. Because the offerings are accessible online, we will be able to capture and allocate revenues generated globally to support our local efforts. In addition, Texas Filmmakers will provide monthly in-person trainings to the public to educate, train and engage them as active participants and contributors to public access. These trainings will be free and will be made available online as well. TI.__ Texas Filmmakers is a heavily networked nonprofit which provides direct services to Denton residents, yet has direct service and partner relationships with many of the region's nonprofit organizations, companies, and institutions. Texas Filmmakers will build on its network of members, students, program participants, collaborators, companies, neighbors, peers, and press contacts to distribute communications of our public access activities, solicit contributions of content from diverse producers, involve local nonprofit organizations as channel curators, and continuously evaluate and improve our public access programming and services. Partners and their public networks During the first year of public access operations, Texas Filmmakers will develop formal public access partnerships with proposed content providers, as well as reach out to previous public access staff, producers, and community. We will provide tools to our community partners that will help them to promote their own content and engage their own networks, neighborhoods, and communities, such as: 1. Policies, procedures, and how-to guide for partners (including outreach requirements) Texas Filmmakers Public Access Proposal - Draft One Page 47 of 86 2. Email templates 3. Tell-a-friend tool 4. Graphical badges (graphics for Facebook, Myspace, etc.) 5. Embed tools (to place content and promotions into their own web sites/newsletters) 6. Public access partner collaboration space (password-protected fileshare, wiki, and list serve) 7. Custom RSS feeds so nonprofit constituencies can subscribe to content on local issues and organizations that concern them Public outreach Upon launch of our customized online system (January 1, 2011), we will conduct a city-wide public outreach campaign to announce the new services and encourage submission of video content and feeds. In conjunction with the opening of the community media center, we will conduct a similar campaign with a local content contest and prizes to incentivize diverse contributions, and peer-to-peer promotion of content. We will also announce the availability of community trainings, and online training modules to assist producers in creating content for public access broadcast and online channels, and we will invite the community to tour the new media center. Public outreach tools will include: 1. Public access site (DOMO), broadcast channels 2. Texas Filmmakers Web site and newsletter 3. "How-to Guide" for production and submission of content; online training materials 4. Contests and events 5. Community training events 6. Peer-to-peer promotional tools Ongoing outreach Beginning with the launch of the new community media center and continuing in year two and beyond of operations, we will integrate our general and public access membership, outreach, marketing, events, and community engagement activities. Texas Filmmakers Public Access Proposal - Draft One Page 48 of 86 Texas Filmmakers is well-versed in the 1984 Cable Franchise Policy and Communications Act, Chapter 66 of the Texas Utility Code, as well as case precedent in relation to public access matters. 3. Financial Management and Resources Financial management at Texas Filmmakers is supervised by our Treasurer, Scott Gunn. The Treasurer reports to the Board of Directors. Scott Gunn will hold strategic fiscal responsibilities including budgeting, planning, systems and process development and reporting responsibilities. He has served as the Director of Tax at EDS and Perot Systems. Today, Scott provides a broad range of business consulting services for several businesses, and serves as CFO for Capstone Metering LLC. Scott is an accredited associate of the Institute for Independent Business. Scott Gunn graduated from the University of Mississippi with a BBA (majoring in Accounting) in 1974, and with a MBA in 1975. He received his CPA certificate in 1976. The Board of Directors establishes internal controls pertaining to the accounting records and preservation of assets. The Treasurer prepares the year-end financial statements. An annual assessment of the financial records includes a review of current internal controls. Any improvements are noted and assessed for feasibility. Texas Filmmakers uses the QuickBooks Premiere Non Profit Edition software program to generate and track all financial information. QuickBooks is upgraded yearly in order to stay up to date with current support and technology. Program staff is experienced managing required participant data, and reporting it in a timely manner. Texas Filmmakers uses a customized database, built in-house, to maintain all relevant participant data. The system is capable of generating all necessary reports and ad-hoc queries. Texas Filmmakers Public Access Proposal - Draft One Page 49 of 86 Texas Filmmakers' Systems Administrators ensure that the appropriate backups are made at the end of every day for the purposes of disaster recovery. The weekly backups capture changes to the previous week's full backup. A full backup of all critical data is created on a weekly basis. The previous week's full backup is stored at an appropriate offsite location prior to next full weekly backups. Source documentation Texas Filmmakers maintains accounting records for all transactions, including source documentation and other associated information. This information is available to external and internal auditors. The Treasurer prepares monthly financial statements which are sent to and reviewed by the Board of Directors. Financial statements are sent to the Board of Directors on a quarterly basis. fl„ lns i~ance any Texas Filmmakers is a current client of Ramey & King insurance where we hold multiple policies related to our current activities including coverage of our facilities and equipment. Texas Filmmakers is not currently bonded. If it is determined that our current coverage is insufficient, we will work with our insurance provider in order to obtain necessary coverage. The following staff is authorized to receive or deposit funds, issue financial documents, checks or other instruments of payment: • Joshua Butler, President • Scott Gunn, Treasurer The records of Texas Filmmakers Corporation are generally open to public inspection due to IRS rules, open records laws, and the spirit of public service. Most internal documents are available online including Board of Director minutes, tax returns, by-laws, and additional policies and procedures. Record retention is governed by various federal, state, and local rules, statutes of limitations and common sense. For tax purposes, records are maintained until the expiration of the statute of limitations, which is typically three years after the later of the due date of the return or the date filed. While there are a few exceptions to this rule, the three-year period normally should be adequate. Selected documents may be retained indefinitely, while others may have little use after a year. Release of personnel data is guided by HIPAA. Texas Filmmakers Public Access Proposal - Draft One Page 50 of 86 F ati `1 a t'.. . Texas Filmmakers Mission Texas Filmmakers' mission is to provide access to electronic media resources and outlets; to enable the sharing of diverse stories through art, education and technology. Texas Filmmakers' vision aligns with the purpose of public access: • A diverse group of independent media makers will achieve the skills they need to tell, distribute, and preserve their own stories and the stories of their communities through existing and emerging media formats and outlets • Our efforts will lead to both personal and social change, including greater respect for and cultural inclusion of diverse voices and experiences • Our work will provide an alternate educational and creative pathway for young people to tell their stories while laying the foundation for their future • Our program evaluation and expertise will inform and support effective learning in the field Texas Filmmakers' Core Values • Innovation • Diversity • Accountability • Learning • Access • Respect Texas Filmmakers' Strengths in the Community • Our connections to media employer contacts • Our reputation as a media resource; including equipment, crew, and grants • We are known for presenting diverse stories to the community through our various screening series and Thin Line Film Fest • Our reputation for facilitating the ongoing operation of Denton Public Access TV Texas Filmmakers Public Access Proposal - Draft One Page 51 of 86 Refere-ces .-m Bank Contacts 1P Morgan Chase Laney Howard 2310 Colorado Blvd Denton, TX 76205 (940) 381-7475 Laney.c.howard@chase.com Creditors Swank Motion Pictures 10795 Watson Road St. Louis, Missouri 63127-1012 1-800-876-5577 Ramey & King Laura Nixon 510 N Interstate 35 Denton, TX 76205-5867 (940) 382-9691 Dallas Producers Association Clayton Coblentz P.O. Box 560183 Dallas, Texas 75356 (817) 909-9539 president@daIlasproducers.org University of North Texas Department of Radio, Television, & Film Melinda Levin 1179 Union Circle RTFP Building, RM 262 Denton, TX 76203 Texas Filmmakers Public Access Proposal - Draft One Page 52 of 86 940.565.2537 Melinda@unt.edu Eagle Press James Eliot 733 Fort Worth Drive Denton, TX 76201 (940) 387-6161 james@eaglepressonline.com Denton Community Theatre Mike Barrow 214 W. Hickory Denton, TX 76201 940-382-1915 . AdAenda Joshua Butler, President-Joshua Butler moved to Denton from Houston in 2003 to pursue a degree in film from the University of North Texas. In 2004, he founded Texas Filmmakers and began organizing local and regional media makers toward creating a more collaborative environment for producing impactful electronic media. Joshua received his BA in Radio, Television, and Film in 2006 and immediately began employment with Charter Communications managing the Denton Public Access TV station. In 2007 and with help from close friends, Joshua founded and produced Thin Line Film Fest, Texas' only documentary film festival. He married his longtime girlfriend Denise in 2008 and purchased a home in South Denton. Joshua serves on the Event Committee for the Dallas Producers Association and the Advisory Board for the Denton ISD ATC Media Tech Department. He is a former board member of the Texas Association of Film and Tape Professionals. Kim Stanton, Secretary - Kim obtained her MA in Library Sciences from the University of North Texas in 2008. She is the current manager of the UNT Media Library where she has developed relationships nation-wide curating UNT screening content. Kim lives in Denton with her husband Jordan. Scott Gunn, Treasurer - Scott Gunn graduated from the University of Mississippi with a BBA (majoring in Accounting) in 1974, and with a MBA in 1975. He received his CPA certificate in 1976. After working in the tax departments of the largest CPA firm in the Southeast and Frito- Lay, Inc., Scott joined the tax department of EDS in 1978. He was promoted to International Tax Manager of EDS in 1980, and then promoted to Tax Director in 1983. In 1990, Scott joined Texas Filmmakers Public Access Proposal - Draft One Page 53 of 86 Perot Systems Corporation as Tax Director. In 2006, Scott left Perot Systems and started his own consulting firm. Today Scott provides a broad range of business consulting services for several businesses, and serves as CFO for Capstone Metering LLC. Scott is an accredited associate of the Institute for Independent Business. Scott is also a screenwriter. He has completed two screenplays, including the adaptation of a non-fiction book written by a Texas author. He is currently writing two more screenplays with co-writers in Los Angeles. Alex Payne - Alex began his career in real estate while attending the University of Texas at Austin. In 2002 Alex moved to Denton and joined Scott Brown Properties. In 2003, Alex and Scott made the decision to form Scott Brown Commercial, a full service commercial real estate brokerage firm based in the Denton area. In one year, the firm grew from 2 agents to over 10 agents and staff and quickly became the largest commercial real estate firm in the county. In 2007, Alex Payne formed Axis Realty Group which has been a leader in small development/redevelopment projects in the downtown Denton/UNT area. His passion for downtown is evidenced in the quality projects of which he has been a part and will continue to be. Alex has focused on his business in addition to becoming an active member in the community. He is a member of the North Texas Commercial Association of REALTORS, The Denton Chamber of Commerce, Argyle Chamber of Commerce, the Aubrey Area Chamber of Commerce, Denton Economic Development Partnership, The Urban Land Institute, Class of 2004-2005 Leadership Denton. He serves on the Board of Directors for the following organizations: Denton Community Theatre, Downtown Development Taskforce, Allies Committee Chairman for Denton Chamber of Commerce/ Economic Development, Denton Zoning Board of Adjustment and Argyle Chamber of Commerce. Alex lives in Denton with his wife Amanda and 3 children, Ethan, Emerson and Evan and are active members of The Village Church. Carol Hillendahl - Carol Hillendahl began working freelance in the film and television industry in 2001, beginning as a grip, moving on to sound, then art department and eventually as a production coordinator. Prior to film and television Carol worked in live theater and concert production for 10 years beginning as a stagehand and eventually stage manager and scenic designer. Since January of 2008 she has worked for Nuconsteel, in the marketing department as a creative producer. Where she generates videos for marketing and training purposes, as well as graphic design and copywriting, including article and graphic contributions to the quarterly newsletter magazine NUITMES. Carol holds an associate's degree from Amarillo College in radio, television and film and a bachelors degree in film and television from the University of North Texas. Carol has four children and lives in Denton with her husband Brent (whom she met at Texas Filmmakers). Texas Filmmakers Public Access Proposal - Draft One Page 54 of 86 Ernest Walker - Ernest Walker is an ordained minister that began producing television in Dallas in the late 80's. In 1994 Ernest was host of popular TV show, FlavaTV. In 1995 Ernest founded 401Mag Ministries which included publishing a magazine for three years and producing a TV show on Daystar until 1998. From 2001-2004, Ernest once again hosted a pop culture TV show, this time focusing on cars and hip hop music called Slab Lab TV. Ernest has been a guest on shows with Connie Chung and also Dan Rather. He and his wife Debbie have been featured in JET Magazine. Ernest studied Political Science at the University of Hawaii and is father to seven kids age 12-25. Ernest lives in Ovilla, TX. Tania Khalaf - Born and raised in Beirut, Lebanon, Tania Khalaf worked as a producer, editor, and drama teacher before moving to the United States. She earned a BA in Drama from the Lebanese University in Beirut and an MFA in Documentary Production from the University of North Texas in Denton. Tania produced and directed several documentary, narrative and experimental films, sometimes blending these styles together. Her work has screened at several venues including the Santa Fe Film Festival, Deep Ellum Film Festival, Miami International Film Festival, San Francisco Documentary Film Festival, Angelika Film Center and Beirut International Day of Peace. Her first documentary "still, life.," won the Austin Film Festival's "Best Documentary Short" and was selected as a NextFrame Documentary Finalist. Her latest documentary "Born in Beirut" about the day-to-day struggle of being trapped in a war zone received the Award of Excellence at the Broadcast Education Association in Las Vegas and screened at the University Film and Video Association in Colorado. It was also used in several United Nations training workshops in Jordan, Istanbul and Panama. Tania also designed a New Media Installation entitled "I! In Control" which consists of a fictional, world globe representation fixed on a "Wheel of Fortune"-style spinner. The Media earned her an award of excellence for depth, complexity and intensity in content and concept at University Film and Video Association in Colorado. Tania's films explore the human struggle with life and death, the triumph of the human spirit and the consequences of social injustice. Tania is currently an assistant professor at The University of North Texas where she teaches documentary and film. ~T - Training sessions will either be in-person or online. We plan on offering the full lineup by the end of year two. Category Class Name 3D Google Sketchup: Basic Google Sketchup: Advanced Audio Audio in the Studio Audio for Video Production Audio: Advanced Field Production Audio: Mixing in Post Texas Filmmakers Public Access Proposal - Draft One Page 55 of 86 Editing Editing: Fundamentals Editing: Aesthetics Apple: Color Apple: Compressor Apple: Motion Final Cut Pro: Documentary Techniques Final Cut Pro: Experimental Techniques Final Cut Pro: Narrative Techniques Final Cut Pro: Introduction Final Cut Pro: Intermediate Premiere: Introduction Premiere: Intermediate Premiere: Advanced Video for the Web & Mobile Devices DVD Authoring DVD Studio Pro: Basic DVD Studio Pro: Advanced Encore: Basic Encore: Advanced General Computer Windows: Basic Windows: Advanced Macintosh: Basic Macintosh: Advanced Hardware: Basics Hardware: Advanced MS Office: Word Basic MS Office: Word Advanced MS Office: Excel Basic MS Office: Excel Advanced MS Office: PowerPoint Basic MS Office: PowerPoint Advanced MS Office: Outlook Basic MS Office: Outlook Advanced Photography & Graphics Digital Photography: Introduction Digital Photography: Shooting Techniques Digital Photography: Workflow Illustrator: Introduction Illustrator: Intermediate InDesign: Introduction InDesign: Intermediate Photoshop: Introduction Texas Filmmakers Public Access Proposal - Draft One Page 56 of 86 Photoshop: Intermediate Photoshop: Advanced Web Design Web Design Introduction: Basic Software/Hardware Web Project Management Joomla: Introduction Joomla: Intermediate Joomla: Advanced Motion Graphics After Effects: Introduction After Effects: Intermediate After Effects: Advanced Video Production Video Preproduction Video Production: Introduction DV Camera Basics DV Shooting Techniques HD Camera Basics HD Shooting Techniques Interviewing Techniques Lighting: Introduction Lighting for Interviews Chroma Key Shooting and Lighting Storyboarding Studio Production Studio and Control Room Introduction Studio and Control Room Advanced 7. Attachments a. IRS Determination Letter b. Articles of Incorporation c. Nondiscrimination Policy d. Bylaws Texas Filmmakers Public Access Proposal - Draft One Page 57 of 86 0 INTERNAL REiVESJE SMVECE3 LF.rMTt{Rt4- 01-' TH_: TR1fASr;RY P_ 0. BGX t VCJWAA' 11 OR 45%C] Eu'r:lu•;e_' Idec_=ificn_inr: tdUd3ft_T! IreL_- NOV MM4 L2 7 _0 09 13 1 3} 1L'?0532G__02G-,! TEXAS FILMAKERS C%MP0ZhTr0N Coe- a: 1. --ME<J,x: ?Z] M J,:1CITPT ST R4=,T F T) C,R7FFTT9.3 i1)t 3=432 =TTOM, TSC 7L201-412' Pr.-,r.F},cn~- !ioubc:= 57?; 924-5500 _~.ccoiin-ifir, 2er_vd Eixd_nCj UGJST 31 Pahl_-_ Charity =atus: SE}2;aj 't} .or:7 .•'I.} n,=q.lirec; I ES :lffec=;v- 1; to of ~xrmp=ic;7; _TrY F n:%. 2or,4 _ CCjnLvibu_itul Led•_tLi~3iliLY: _Y ES Adv44rjrt_r. Ri:l-rig Ending ~ Y. iJJI: SI 11, 2038 u- nr AFpl it ann. We are pleased' to _nform you `fiat up r rev-_'e= o ~•rc_.r app=icatio: `_01. LLx Examp= e=atue -me hwre aete:rmioed tha= you are exr:mat from 8e:=r_al in7.Qlr,e tax u-1r.r.• e;-3n ;D.;CJ (31 of -_'oe In:_2rnn1 Rw%.ejwP.. Coda. ('Ur_t: ih.JUOJH~ 1.43 yoil e` deduez!ble iu:dex section 17° of the Code, YOU a_t also qualified to _tec=i-e tax deduct=ble he_-llests, d_vi3~s, transfers or gifts under section 0!35, 2106 or 2522 of he L%--c.e. He:,a'3ee th_y lezt?r c:-;~uld IL,-'.p °caol.ve any quest_cute _°_garding you--- exempt status, yj-.1 should .ce&.) iz _n yctxr pi:2:wj,,ncnt rec0rda. OL*ja:i_Sa_iOji~ exer,:ot uivleL EecL_c-n G0=!_-) {3) aE Ur v!,d= ~L-e LurtheL r1 pvei`_1nd as either nut•=ic c xaxJ t_ce :r private f.=iatio;_s. Dui:IMT y.,ur ad-,~ance pe:ric3, ycr. mill treated ae a pub!--c char_ty. Your advance ruli::~g ezi.md beg_na with the e_°°_ect=,~e ia:c Lf your cxtmpt_~r, and ev.62 wizk; advance =u'_ing EndinY date ehown _n the heacin~ of .he lettvx. °hart;ly tr.ftrrs t.hn rrri D yu-_r iL6win~::r. i-uliav i,rs:ad, wtt -.vial :~rl c...3 !'.:rn 8734, 54211e.lale to AC•,aftee RL:ii^C Pr_ri31. !'ca .111 have 90 days; alter- =_.L& end of youE ad- aYce =•ilinri period to return Lh= CtIcp_cLed i_:LL'1_ w will .'7er notify you, it w=itinq, e6Lo-jt p)ui _JLiblic cl_ar=L;J biatlls_ kLr.nrr. erg anh.l rr~rd Infarnat'nn fCr R~Mpt. [:vqg-iaa-irana lrndr.r ~'~r-ip~} rj:]L;c~) I's; r{1L e;omr Lr.I 'nfc:r-.1.eiritn YLYAr rrEFs:sn!;'h_1=Lir.E ,7: itn r.xempt cirjan_ za zian _ F ,rt _r_r aces {Ur.JC0 Texas Filmmakers Public Access Proposal - Draft One Page 58 of 86 ARTICLES OF INCORPORATION OF Texas Filmmakers' Corporation We, the undersigned persons over the age of eighteen (18), acting as incorporators, adopt the following Articles of Incorporation of Texas Filmmakers' Corporation under the Texas Non- Profit Corporation Act (referred to as the "Act"): ARTICLE I NAME The name of the corporation is Texas Filmmakers' Corporation. The corporation's initial registered office is located at: 309 North Locust, Denton, TX. 76201. The initial registered agent is Joshua Butler. ARTICLE II PURPOSE The corporation is organized and will be operated exclusively for educational purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code of 1986 or the corresponding provisions or provision of any subsequent United States revenue law. Specifically, the purposes of the corporation shall be: (a) To educate members in film and video production through lectures, public discussion groups, panels, seminars, workshops, or other similar programs. (b) To educate members through the application of learned skills on film and video productions. (c) To educate members through the facilitation of their own, or other member's own, film and video productions through the permissible use of other members, organizationally-owned equipment, and other organizationally-controlled resources. (d) To provide at least one scholarship annually to a qualified student. (e) In film and video production, to encourage and provide outlets for the creative skills and energies of the local student community. ARTICLE III DURATION The period of Duration for the corporation shall be perpetual. ARTICLE IV STOCK The corporation shall have no capital stock. Texas Filmmakers Public Access Proposal - Draft One Page 59 of 86 ARTICLE V RESTRICTIONS AND REQUIREMENTS The Corporation shall not pay dividends or other corporate income to its directors or officers or otherwise accrue distributable profits or permit the realization of private gain. The Corporation shall have no power to take any action prohibited by the Act. The Corporation shall not have the power to engage in any activities, except to an insubstantial degree, that are not in furtherance of the purposes set forth above. The Corporation shall have no power to take any action that would be inconsistent with the requirements for a tax exemption under Internal Revenue Code Section 501(c) (3) and related regulations, rulings, and procedures. The Corporation shall have no power to take any action that would be inconsistent with the requirements for receiving tax deductible charitable contributions under Internal Revenue Code Section 170(c)(2) and related regulations, rulings, and procedures. Regardless of any other provision in these Articles of Incorporation or state law, the Corporation shall have no power to: 1. Engage in activities or use its assets in manners that are not in furtherance of one or more exempt purposes, as set forth above and defined by the Internal Revenue Code and related regulations, rulings, and procedures, except to an insubstantial degree. 2. Serve a private interest other than one that is clearly incidental to an overriding public interest. 3. Devote more than an insubstantial part of its activities to attempting to influence legislation by propaganda or otherwise, except as provided by the Internal Revenue Code and related regulations, rulings, and procedures. 4. Participate in or intervene in any political campaign on behalf of or in opposition to any candidate for public office. The prohibited activities include the publishing or distributing of statements and any other direct or indirect campaign activities. 5. Distribute its assets on dissolution other than for one or more exempt purposes; on dissolution, the Corporation's assets shall be distributed to the state government for a public purpose, or to an organization exempt from taxes under Internal Revenue Code Section 501(c)(3) to be used to accomplish the general purposes for which the Corporation was organized. 6. Permit any part of the net earnings of the Corporation to inure to the benefit of any private shareholder or member of the Corporation or any private individual. 7. Carry on an unrelated trade or business except as an incidental activity related to the Corporation's primary, exempt, purpose. ARTICLE VII DIRECTORS/MEMBERS The corporation shall have members. Any individual willing to fill out an application can become a member. The management and affairs of the corporation shall be at all times under the direction of a Texas Filmmakers Public Access Proposal - Draft One Page 60 of 86 Board of Directors, whose operations in governing the corporation shall be defined by statute and by the corporation's bylaws. No Director shall have any right, title, or interest in or to any property of the corporation. The qualifications, manner of selection, duties, terms, and other matters relating to the Board of Directors (referred to as the "Board of Directors") shall be provided in the bylaws. The initial Board of Directors shall consist of five (5) persons. The number of directors may be increased or decreased by adoption or amendment of bylaws. The number of directors may not be decreased to less than three. The corporation's first Board of Directors shall be compromised of the following natural persons: Joshua Butler, 1408 Teasley Ln. #713, Denton, Texas, 76205 Carol Salazar, 1433 Knight, Denton, Texas, 76205 Mariola Schmid, 940 Oakview, Double Oak, Texas, 75077 Will Penson, 1310 Scripture #1303, Denton, Texas, 76202 Matt Aines, 5972 Campus Ct., Plano, Texas, 75093 ARTICLE VIII DEBT OBLIGATIONS AND PERSONAL LIABILITY No member, officer or Director of this corporation shall be personally liable for the debts or obligations of this corporation of any nature whatsoever, nor shall any of the property of the members, officers or Directors be subject to the payment of the debts or obligations of this corporation. ARTICLE IX DISSOLUTION Upon dissolution, all of the Corporation's assets shall be distributed to the State if Texas or an organization exempt from taxes under Internal Revenue Code Section 501(c) (3) for one or more purposes that are exempt under the Texas franchise tax. ARTICLE X INCORPORATORS The name and street addresses of each incorporator is: Name of Incorporator Address Joshua Butler 1408 Teasley Ln. #713 Mariola Schmid 940 Oakview Will Penson 1310 Scripture #1303 Matt Aines 5972 Campus Ct. We execute these Articles of Incorporation on May 21, 2004 Texas Filmmakers Public Access Proposal - Draft One Page 61 of 86 C. BYLAWS OF Texas Filmmakers Corporation These Bylaws (referred to as the "Bylaws") govern the affairs of Texas Filmmakers Corporation, a nonprofit corporation (referred to as the "Corporation") organized under the Texas Non-Profit Corporation Act (referred to as the "Act"). ARTICLE I OFFICES Section 1. Principal Office The principal office of the Corporation in the State of Texas shall be located at 405 S. Elm St., Suite 102, Denton, Texas, 76201. The Corporation may have such other offices, either in Texas or elsewhere, as the Board of Directors may determine. The Board of Directors may change the location of any office of the Corporation. Section 2. Registered Office and Registered Agent The Corporation shall comply with the requirements of the Act and maintain a registered office and registered agent in Texas. The registered office may, but need not, be identical with the Corporation's principal office in Texas. The Board of Directors may change the registered office and the registered agent as provided in the Act. ARTICLE 2 NONPROFIT PURPOSES Section 1. IRC Section 501(c)(3) Purposes The corporation is organized exclusively for one or more of the purposes as specified in Section 501(c)(3) of the Internal Revenue Code, including, for such purposes, the making of distributions to organizations that qualify as exempt organizations under Section 501(c)(3) of the Internal Revenue Code. Section 2. Specific Objectives and Purposes The specific objectives and purposes of the corporation shall be: (a) To educate members and the general public in film and video production through lectures, public discussion groups, panels, seminars, workshops, or other similar programs. (b) To educate members through the application of learned skills on film and video productions. Texas Filmmakers Public Access Proposal - Draft One Page 62 of 86 ,I (c) To educate members through the facilitation of their own, or other members own, film and video productions through the permissible use of other members, organizationally-owned equipment, and other organizationally-controlled resources. (d) To provide a means of exhibition for amateur and independent film and video productions through screenings open to the general public. (e) To create an annual film festival in Denton, TX with a focus on regional amateur and independent filmmakers. (f) To provide at least one scholarship annually to a qualified film student. (g) To promote corporate membership to the local community as a whole, without any form of discrimination, and with a great emphasis on a diverse member base. (h) In film and video production, to encourage professionalism and to provide outlets for the creative skills and energies of the amateur and independent film community. ARTICLE 3 MEMBERS Section 1. Class of Members There shall be three classes of individual members: Basic, Artist, and Supporting; and three classes of corporate members: Silver, Gold, and Platinum. Section 2. Admission of Members All persons may be admitted to membership in the Corporation. The Board of Directors or a Board- designated committee may adopt and amend application procedures for membership in the Corporation. An individual must submit an application whether in person, via phone or the internet and pay the corresponding membership fee to become a member. Membership is valid for one (1) year as long as the member keeps accurate contact information on file. Section 3. Membership Fees and Dues The Board of Directors or a Board-designated committee may adopt and amend membership dues for each class of member. For complete and current information regarding membership structure, dues, and benefits, please refer to Addendum (b). Section 4. Voting Rights Artist, Supporting, and all Corporate members shall be entitled to one vote on each matter submitted to a vote of the members. Texas Filmmakers Public Access Proposal - Draft One Page 63 of 86 Section 5. Resolution of Disputes In any dispute between members relating to the activities of the Corporation, all parties involved shall cooperate in good faith to resolve the dispute. If the parties cannot resolve the dispute between themselves, they shall cooperate to select one or more mediators to help resolve the dispute. If no timely resolution of the dispute occurs through mediation, any party may demand binding arbitration as described in the Revised Civil Statutes Article 238-20 only if the parties have met together with a mediator and have been unable to agree on a resolution. This paragraph shall apply to a dispute involving the Corporation as a party relating to the sanctioning, suspension, or expulsion of a member from the Corporation. The Board of Directors shall have the discretion to authorize the use of the Corporation's funds for mediation or arbitration of a dispute described in this paragraph. Section 6. Sanction, Suspension, or Termination of Members Individual board members may impose reasonable sanctions on a member, up to and including temporary suspension of membership privileges, for a period not to exceed seven days. The Board of Directors may impose reasonable sanctions on a member, or suspend or terminate membership to the Corporation, for good cause after a hearing. The Board of Directors may delegate powers to a regular or ad hoc committee to conduct a hearing, make recommendations to the Board of Directors, or take action on behalf of the Board of Directors. The Board of Directors or a committee designated by the Board of Directors to handle a matter involving sanctioning, suspension, or termination may not take any action against a member without giving the member adequate notice and an opportunity to be heard. To be deemed adequate, notice shall be in writing and delivered at least 14 days prior to the hearing. However, shorter notice may be deemed adequate if the Board of Directors or a committee designated by the Board of Directors to handle a matter involving sanctioning, suspension, or termination if a statement of the need for a timely hearing is included in the notice. If mailed, the notice shall be sent by registered or certified mail, return receipt requested. A member shall have the right to be represented by counsel at and before the hearing. The Board of Directors or a committee designated by the Board of Directors to handle membership data accuracy may terminate a membership if the member fails to keep accurate contact information on file for more than thirty (30) days. Section 7. Resignation Any member may cancel their current membership by submitting a request whether in person, by mail, or via the internet. The resignation need not be accepted by the Corporation to be effective. A member's resignation shall not relieve the member of any obligations to pay any dues, assessments, or other charges that had accrued and were unpaid prior to the effective date of the resignation. Section 8. Reinstatement Texas Filmmakers Public Access Proposal - Draft One Page 64 of 86 A former member may be reinstated by submitting a new application for membership via the appropriate channels. If the membership was terminated then the Board of Directors or a committee designated by the Board of Directors to handle the matter may reinstate membership on any reasonable terms that the Board of Directors or committee deems appropriate. Section 9. Transfer of Membership Membership in the Corporation is not transferable or assignable. Section 10. Waiver of Interest in Corporation Property All real and personal property, including all improvements located on the property, acquired by the Corporation shall be owned by the Corporation. A member shall have no interest in specific property of the Corporation. Each member hereby expressly waives the right to require partition of all or part of the Corporation's property. ARTICLE 4 MEETINGS OF MEMBERS Section 1. Annual Meeting Beginning in 2004, the Board of Directors shall hold an annual meeting of the members at 7 o'clock p.m. on the second Monday of September each year or at another time that the Board of Directors designates. If the day fixed for the annual meeting is a legal holiday in the State of Texas, the meeting shall be held on the next business day. At the annual meeting, the members shall transact any business that may come before the meeting. If, in any year, the election of directors to vacant seats is not held on the day designated for the annual meeting, or at any adjournment of the annual meeting, the Board of Directors shall call a special meeting of the members as soon thereafter as possible to conduct the election of directors. Section 2. Special Meetings Special meetings of the members may be called by the president, the Board of Directors, or not less than one-sixth of the voting members. Section 3. Place of Meeting The Board of Directors may designate any place, either in or out of the State of Texas, as the place of meeting for any annual meeting or for any special meeting called by the Board of Directors. If the Board of Directors does not designate the place of meeting, the meeting shall be held at the registered office- of the Corporation in Texas. Texas Filmmakers Public Access Proposal - Draft One Page 65 of 86 Section 4. Notice of Meetings Notice of any meeting of members, including the annual meeting, shall be delivered to each member entitled to vote at the meeting not less than ten (10) nor more than sixty (60) days before the date of the meeting by mail, phone, or posted on the Corporation's website. If the Corporation has more than 1,000 members at the time the meeting is scheduled or called, notice may be given by publication in any newspaper of general circulation in Denton, Texas. The notice shall state the place, day, and time of the meeting, who called the meeting, and the general purpose or purposes for which the meeting is called. Notice shall be given by or at the direction of the president or secretary of the Corporation, or the officers or persons calling the meeting. If all of the members meet and consent to the holding of a meeting, any corporate action may be taken at the meeting regardless of a lack of proper notice. The record date for determining the members entitled to vote at a meeting shall be the day the meeting is called or ten (10) days prior to the actual meeting date, whichever is shorter. After a record date is fixed for the notice of a meeting, an alphabetical list of members entitled to receive notice, including their addresses and number of votes each is entitled to cast, will be prepared. The list must contain a listing of members who are entitled to vote at the meeting, although not entitled to receive notice. The list must be available for inspection at the principal office, or other reasonable place in the city in which the meeting will be held, as specified in the meeting notice, during the period from two business days after notice is given until the meeting is held. Any member entitled to vote at the meeting is entitled to access to the list for the purpose of communicating with other members. The member or the member's agent or attorney is entitled to make the inspection on written demand, and to copy the list at a reasonable time and at the member's expense. Section 5. Quorum The members holding one-third of the votes that may be cast at a meeting who attend the meeting in person shall constitute a quorum at that meeting. The members present at a duly called or held meeting at which a quorum is present may continue to transact business even if enough members leave the meeting so that less than a quorum remains. However, no action may be approved without the vote of at least a majority of the number of members required to constitute a quorum. If a quorum is present at no time during a meeting, a majority of the members present may adjourn and reconvene the meeting one time without further notice. Section 6. Actions of Membership The membership shall try to act by consensus. However, the vote of a majority of voting members in good standing, present and entitled vote at a meeting at which a quorum is present, shall be sufficient to constitute the act of the membership unless the vote of a greater number is required by law or the bylaws. A member in good standing is one who is not suspended as of the date of the meeting. Voting shall be by ballot or voice, except that any Texas Filmmakers Public Access Proposal - Draft One Page 66 of 86 election of directors shall be by ballot if demanded by any voting member at the meeting before the voting begins. Section 7. Proxies A member entitled to vote may not vote by proxy. Section 8. Voting by Mail The members may not vote by mail. Section 9. Speaking Rights of Membership All valid members of the Corporation are entitled to speak for one (1) to three (3) minutes at all regular, special, and annual meetings as long as a written request is submitted to the Board of Directors at least three (3) days prior to the meeting. ARTICLE 5 BOARD OF DIRECTORS Section 1. Management of the Corporation The affairs of the Corporation shall be managed by the Board of Directors. Section 2. Number, Qualifications, and Tenure of Directors The number of Directors shall be seven or a number determined by the Board of Directors that is not less than three and not greater than nine. Directors need not be residents of Texas. Directors shall be members of the Corporation. Each director shall be elected by a majority vote of the Directors. A Director shall remain in office until such time as he/she resigns, is removed by the Board of Directors, or becomes ineligible for Director Status. Section 3. Nomination of Directors At any meeting at which the nomination of a director occurs, a voting member in good standing or director may nominate a person with the second of any other voting member in good standing or director. In addition to nominations made at meetings, a nominating committee shall consider possible nominees and make nominations for each election of directors. Section 4. Election of Directors Texas Filmmakers Public Access Proposal - Draft One Page 67 of 86 A person who meets any qualification requirements to be a director and who has been duly nominated may be elected as a director. Directors shall be elected by the vote of the Board of the Corporation. Directors shall be elected at any regular meeting of the Board. Section 5. Vacancies Any vacancy occurring in the Board of Directors, and any director position to be filled due to an increase in the number of directors, shall be filled by the Board of Directors. A vacancy is filled by the affirmative vote of a majority of the remaining directors, even if it is less than a quorum of the Board of Directors, or if it is a sole remaining director Section 6. Annual Meeting The annual meeting of the Board of Directors shall be held immediately after, and at the same place as, the annual meeting of members. Section 7. Regular Meeting The Board of Directors may provide for regular meetings by resolution stating the time and place of such meetings. The meetings may be held either within or without the State of Texas and shall be held at the Corporation's registered office in Texas if the resolution does not specify the location of the meetings. No notice of regular meetings of the Board is required other than a resolution of the Board of Directors stating the time and place of the meetings. Section 8. Special Meetings Special meetings of the Board of Directors may be called by or at the request of the president or any two directors. A person or persons authorized to call special meetings of the Board of Directors may fix any place within or without Texas as the place for holding a special meeting. The person or persons calling a special meeting shall notify the secretary of the information required to be included in the notice of the meeting. The secretary shall give notice to the directors as required in the Bylaws. Section 9. Notice Notice of any special meeting of the Board of Directors shall be delivered to each director not less than six (6) and no more than thirty (30) days before the date of the meeting by mail, phone, e-mail, or in person. The notice shall state the place, day, and time of the meeting, who called the meeting, and the purpose or purposes for which the meeting is called. Notice of any emergency meeting of the Board of Directors shall be delivered to each director as soon as possible by phone, return-receipt e-mail, or in person. The notice shall state the place, day, and time of the meeting, who called the meeting, and the purpose or purposes for which the Texas Filmmakers Public Access Proposal - Draft One Page 68 of 86 meeting is called. In order for the notice to be valid, each Director must verify receipt by phone, e-mail, or in person. Section 10. Quorum A majority of the number of directors then in office shall constitute a quorum for the transaction of business at any meeting of the Board of Directors. The directors present at a duly called or held meeting at which a quorum is present may continue to transact business even if enough directors leave the meeting so that less than a quorum remains. However, no action may be approved without the vote of at least a majority of the number of directors required to constitute a quorum. If a quorum is present at no time during a meeting, a majority of the directors present may adjourn and reconvene the meeting one time without further notice. Section 11. Duties of Directors Directors shall discharge their duties, including any duties as committee members, in good faith, with ordinary care, and in a manner they reasonably believe to be in the best interest of the corporation. Ordinary care is care that ordinarily prudent persons in similar positions would exercise under similar circumstances. In the discharge of any duty imposed or power conferred on directors, they may in good faith rely on information, opinions, reports, or statements, including financial statements and other financial data, concerning the corporation or another person that were prepared or presented by a variety of persons, including officers and employees of the corporation, professional advisors or experts such as accountants or legal counsel. A director is not relying in good faith if the director has knowledge concerning a matter in question that renders reliance unwarranted. Directors are not deemed to have the duties of trustees of a trust with respect to the corporation or with respect to any property held or administered by the corporation, including property that may be subject to restrictions imposed by the donor or transferor of the property. Section 12. Duty to Avoid Improper Distributions Directors who vote for or assent to improper distributions are jointly and severally liable to the corporation for the value of improperly distributed assets, to the extent that debts, obligations, and liabilities of the corporation are not thereafter paid and discharged. Any distribution made when the corporation is insolvent, other than in payment of corporate debts, or any distribution that would render the corporation insolvent is an improper distribution. A distribution made during liquidation without payment and discharge of or provision for all known debts, obligations, and liabilities is also improper. Directors present at a board meeting at which the improper action is taken are presumed to have assented, unless they dissent in Texas Filmmakers Public Access Proposal - Draft One Page 69 of 86 writing. The written dissent must be filed with the secretary before adjournment or mailed to the secretary by registered mail immediately after adjournment. A director is not liable if, in voting for or assenting to a distribution, the director (1) relies in good faith and with ordinary care on information, opinions, reports, or statements, including financial statements and other financial data, prepared or presented by one or more officers or employees of the corporation; legal counsel, public accountants, or other persons as to matters the director reasonably believes are within the person's professional or expert competence; or a committee of the Board of Directors of which the director is not a member; (2) while acting in good faith and with ordinary care, considers the assets of the corporation to be at least that of their book value; or (3) in determining whether the corporation made adequate provision for payment, satisfaction, or discharge of all of its liabilities and obligations, relied in good faith and with ordinary care on financial statements or other information concerning a person who was or became contractually obligated to satisfy or discharge some or all of these liabilities or obligations. Furthermore, directors are protected from liability if, in the exercise of ordinary care, they acted in good faith and in reliance on the written opinion of an attorney for the corporation. Directors who are held liable for an improper distribution are entitled to contribution from persons who accepted or received the improper distributions knowing they were improper. Contribution is in proportion to the amount received by each such person. Section 13. Delegation of Duties Directors are entitled to select advisors and delegate duties and responsibilities to them, such as the full power and authority to purchase or otherwise acquire stocks, bonds, securities, and other investments on behalf of the corporation; and to sell, transfer, or otherwise dispose of the corporation's assets and properties at a time and for a consideration that the advisor deems appropriate. The directors have no liability for actions taken or omitted by the advisor if the Board of Directors acts in good faith and with ordinary care in selecting the advisor. The Board of Directors may remove or replace the advisor, with or without cause. Section 14. Interested Directors Contracts or transactions between directors, officers, or members who have a financial interest in the matter are not void or voidable solely for that reason. Nor are they void or voidable solely because the director, officer, or member is present at or participates in the meeting that authorizes the contract or transaction, or solely because the interested party's votes are counted for the purpose. However, the material facts must be disclosed to or known by the board or other group authorizing the transaction, and adequate approval from disinterested parties must be obtained. Section 15. Actions of Board of Directors Texas Filmmakers Public Access Proposal - Draft One Page 70 of 86 The Board of Directors shall try to act by consensus. However, the vote of a majority of directors present and voting at a meeting at which a quorum is present shall be sufficient to constitute the act of the Board of Directors unless the act of a greater number is required by law or the bylaws. A director who is present at a meeting and abstains from a vote is considered to be present and voting for the purpose of determining the decision of the Board of Directors. Section 16. Proxies A director may not vote by proxy. Section 17. Compensation Directors shall serve without compensation. However, directors shall be allowed advancement or reimbursement of expenses incurred in the performance of their duties. A director may serve the Corporation in any other capacity and receive compensation for those services. Any compensation that the Corporation pays to a director shall be commensurate with the services performed and reasonable in amount. Section 18. Removal of Directors The Board of Directors may vote to remove a director at any time, with good cause. Good cause for removal of a director shall include the unexcused failure to attend three consecutive meetings of the Board of Directors. A meeting to consider the removal of a director may be called and noticed following the procedures provided in the bylaws. The notice of the meeting shall state that the issue of possible removal of the director will be on the agenda. The director shall have the right to present evidence at the meeting as to why he or she should not be removed, and the director shall have the right to be represented by an attorney at and before the meeting. At the meeting, the Corporation shall consider possible arrangements for resolving the problems that are in the mutual interest of the Corporation and the director. A director may be removed by the affirmative vote of two-thirds of the Board of Directors. Section 19: Emergency Meetings Emergency meetings of the Board of Directors may be called by or at the request of the president or any two directors. A person or persons authorized to call emergency meetings of the Board of Directors may fix any place within or without Texas as the place for holding an emergency meeting. The person or persons calling an emergency meeting shall notify the secretary of the information required to be included in the notice of the meeting. The secretary shall give notice to the directors as required in the By-Laws. Section 20. Public Attendance of Meetings Texas Filmmakers Public Access Proposal - Draft One Page 71 of 86 All regular, special, or annual meetings of the Board of Directors shall be closed to public attendance unless otherwise specified or where otherwise prohibited by local, state, or federal law. ARTICLE 6 OFFICERS Section 1. Officer Positions The officers of the Corporation shall be a president, a vice president, treasurer, and a secretary. The Board of Directors may create additional officer positions, define the authority and duties of each such position, and elect or appoint persons to fill the positions. Any two or more offices may be held by the same person, except the offices of president and secretary. Section 2. Election and Term of Office The officers of the Corporation shall be elected every two years by the Board of Directors at the regular annual meeting of the Board of Directors. If the election of officers is not held at this meeting, the election shall be held as soon thereafter as conveniently possible. Each officer shall hold office until a successor is duly selected and qualified. An officer may be elected to succeed him or herself in the same office. Section 3. Removal Any officer elected or appointed by the Board of Directors may be removed by the Board of Directors only with good cause. The removal of an officer shall be without prejudice to the contract rights, if any, of the officer. Section 4. Vacancies A vacancy in any office may be filled by the Board of Directors for the unexpired portion of the officer's term. Section 5. President The president shall be the chief executive officer of the Corporation. The president shall supervise and control all of the business and affairs of the Corporation. The president shall preside at all meetings of the members and of the Board of Directors. The president may execute any deeds, mortgages, bonds, contracts, or other instruments that the Board of Directors has authorized to be executed. However, the president may not execute instruments on behalf of the Corporation if this power is expressly delegated to another officer or agent of the Corporation by the Board of Directors, the bylaws, or statute. The president shall perform other duties prescribed by the Board of Directors and all duties incident to the office of president. Texas Filmmakers Public Access Proposal - Draft One Page 72 of 86 Section 6. Vice President When the president is absent, is unable to act, or refuses to act, a vice president shall perform the duties of the president. When a vice president acts in place of the president, the vice president shall have all the powers of and be subject to all the restrictions upon the president. If there is more than one vice president, the vice presidents shall act in place of the president in the order of the votes received when elected. A vice president shall perform other duties as assigned by the president or board of directors. Section 7. Treasurer The treasurer shall: (a) Have charge and custody of and be responsible for all funds and securities of the Corporation. (b) Receive and give receipts for moneys due and payable to the Corporation from any source. (c) Deposit all moneys in the name of the Corporation in banks, trust companies, or other depositaries as provided in the bylaws or as directed by the Board of Directors or president. (d) Write checks and disburse funds to discharge obligations of the Corporation. Funds may not be drawn from the Corporation or its accounts for amounts greater than $500.00 without the signature of the president or a vice president in addition to the signature of the treasurer. (e) Maintain the financial books and records of the Corporation. (f) Prepare financial reports at least annually. (g) Perform other duties as assigned by the president or by the Board of Directors. (h) If required by the Board of Directors, give a bond for the faithful discharge of his or her duties in a sum and with a surety as determined by the Board of Directors. (i) Perform all the duties incident to the office of treasurer. Section 8. Secretary The Secretary shall: (a) Give all notices as provided in the bylaws or as required by law. Texas Filmmakers Public Access Proposal - Draft One Page 73 of 86 (b) Keep record of all Board and member meeting minutes as part of the corporate records. (c) Maintain custody of the corporate records and of the seal of the Corporation. (d) Affix the seal of the Corporation to all documents as authorized. (e) Keep a register of the mailing address of each member, director, officer, and employee of the Corporation. (h) Perform other duties as assigned by the president or by the Board of Directors. ARTICLE 7 COMMITTEES Section 1. Establishment of Committees The Board of Directors may adopt a resolution establishing one or more committees delegating specified authority to a committee, and appointing or removing members of a committee. A committee shall include two or more directors and may include persons who are not directors. If the Board of Directors delegates any of its authority to a committee, the majority of the committee shall consist of directors. The Board of Directors may establish qualifications for membership on a committee. The Board of Directors may delegate to the president its power to appoint and remove members of a committee that has not been delegated any authority of the Board of Directors. The establishment of a committee or the delegation of authority to it shall not relieve the Board of Directors, or any individual director, of any responsibility imposed by the Bylaws or otherwise imposed by law. No committee shall have the authority of the Board of Directors to: (a) Amend the articles of incorporation. (b) Adopt a plan of merger or a plan of consolidation with another corporation. (c) Authorize the sale, lease, exchange, or mortgage of all or substantially all of the property and assets of the Corporation. (d) Authorize the voluntary dissolution of the Corporation. (e) Revoke proceedings for the voluntary dissolution of the Corporation. (f) Adopt a plan for the distribution of the assets of the Corporation. (g) Amend, alter, or repeal the bylaws. Texas Filmmakers Public Access Proposal - Draft One Page 74 of 86 (h) Elect, appoint, or remove a member of a committee or a director or officer of the Corporation. (i) Approve any transaction to which the Corporation is a party and that involves a potential conflict of interest as defined in paragraph 7.04, below. (j) Take any action outside the scope of authority delegated to it by the Board of Directors. (k) Take final action on a matter that requires the approval of the members. ARTICLE 8 TRANSACTIONS OF THE CORPORATION Section 1. Contracts The Board of Directors may authorize any officer or agent of the Corporation to enter into a contract or execute and deliver any instrument in the name of and on behalf of the Corporation. This authority may be limited to a specific contract or instrument or it may extend to any number and type of possible contracts and instruments. Section 2. Deposits All funds of the Corporation shall be deposited to the credit of the Corporation in banks, trust companies, or other depositaries that the Board of Directors selects. Section 3. Gifts The Board of Directors may accept on behalf of the Corporation any contribution, gift, bequest, or devise for the general purposes or for any special purpose of the Corporation. The Board of Directors may make gifts and give charitable contributions that are not prohibited by the bylaws, the articles of incorporation, state law, and any requirements for maintaining the Corporation's federal and state tax status. Section 4. Potential Conflicts of Interest The Corporation shall not make any loan to a director or officer of the Corporation. A member, director, officer, or committee member of the Corporation may lend money to and otherwise transact business with the Corporation except as otherwise provided by the bylaws, articles of incorporation, and all applicable laws. Such a person transacting business with the Corporation has the same rights and obligations relating to those matters as other persons transacting business with the Corporation. The Corporation shall not borrow money from or otherwise transact business with a member, director, officer, or committee member of the Corporation unless the transaction is described fully in a legally binding instrument and is in the best Texas Filmmakers Public Access Proposal - Draft One Page 75 of 86 interests of the Corporation. The Corporation shall not borrow money from or otherwise transact business with a member, director, officer, or committee member of the Corporation without full disclosure of all relevant facts and without the approval of the Board of Directors, not including the vote of any person having a personal interest in the transaction. Section 5. Prohibited Acts As long as the Corporation is in existence, and except with the prior approval of the Board of Directors, no member, director, officer, or committee member of the Corporation shall: (a) Do any act in violation of the bylaws or a binding obligation of the Corporation. (b) Do any act with the intention of harming the Corporation or any of its operations. (c) Do any act that would make it impossible or unnecessarily difficult to carry on the intended or ordinary business of the Corporation. (d) Receive an improper personal benefit from the operation of the Corporation. (e) Use the assets of this Corporation, directly or indirectly, for any purpose other than carrying on the business of this Corporation. (f) Wrongfully transfer or dispose of Corporation property, including intangible property such as good will. (g) Use the name of the Corporation (or any substantially similar name) or any trademark or trade name adopted by the Corporation, except on behalf of the Corporation in the ordinary course of the Corporation's business. (h) Disclose any of the Corporation business practices, trade secrets, or any other information not generally known to the business community to any person not authorized to receive it. ARTICLE 9 BOOKS AND RECORDS Section 1. Required Books and Records The Corporation shall keep correct and complete books and records of account. The Corporation's books and records shall include: (a) A file-endorsed copy of all documents filed with the Texas Secretary of State relating to the Corporation, including, but not limited to, the articles of incorporation, and any articles of amendment, restated articles, articles of merger, articles of consolidation, and statement of change of registered office or registered agent. Texas Filmmakers Public Access Proposal - Draft One Page 76 of 86 (b) A copy of the bylaws, and any amended versions or amendments to the bylaws. (c) Minutes of the proceedings of the Board of Directors, and committees having any of the authority of the Board of Directors. (d) A list of the names and addresses of the members, directors, officers, and any committee members of the Corporation. (e) A financial statement showing the assets, liabilities, and net worth of the Corporation at the end of the most recent fiscal years. (f) A financial statement showing the income and expenses of the Corporation for the most recent fiscal years. (g) All rulings, letters, and other documents relating to the Corporation's federal, state, and local tax status. (h) The Corporation's federal, state, and local information or income tax returns for each of the Corporation's eight most recent tax years. Section 2. Inspection and Copying Any member, director, officer, or committee member of the Corporation may inspect and receive copies of all books and records of the Corporation required to be kept by the bylaws. Such a person may inspect or receive copies if the person has a proper purpose related to the person's interest in the Corporation and if the person submits a request in writing. Any person entitled to inspect and copy the Corporation's books and records may do so through his or her attorney or other duly authorized representative. A person entitled to inspect the Corporation's books and records may do so at a reasonable time no later than five working days after the Corporation's receipt of a proper written request. The Board of Directors may establish reasonable fees for copying the Corporation's books and records by members. The fees may cover the cost of materials and labor, but may not exceed ten (10) cents per page. The Corporation shall provide requested copies of books or records no later than five working days after the Corporation's receipt of a proper written request. Section 3. Audits Any member shall have the right to have an audit conducted of the Corporation's books. The member requesting the audit shall bear the expense of the audit unless the members vote to authorize payment of audit expenses. The member requesting the audit may select the accounting firm to conduct the audit. A member may not exercise these rights to compel audits so as to subject the Corporation to an audit more than once in any fiscal year. Texas Filmmakers Public Access Proposal - Draft One Page 77 of 86 ARTICLE 10 FISCAL YEAR The fiscal year of the Corporation shall begin on the first day of September and end on the last day in August in each year. ARTICLE 11 INDEMNIFICATION Sectionl. When Indemnification is Required, Permitted, and Prohibited (a) The Corporation shall indemnify a director, officer, committee member, employee, or agent of the Corporation who was, is, or may be named defendant or respondent in any proceeding as a result of his or her actions or omissions within the scope of his or her official capacity in the Corporation. For the purposes of this article, an agent includes one who is or was serving at the request of the Corporation as a director, officer, partner, venturer, proprietor, trustee, partnership, joint venture, sole proprietorship, trust, employee benefit plan, or other enterprise. However, the Corporation shall indemnify a person only if he or she acted in good faith and reasonably believed that the conduct was in the Corporation's best interests. In a case of a criminal proceeding, the person may be indemnified only if he or she had no reasonable cause to believe that the conduct was unlawful. The Corporation shall not indemnify a person who is found liable to the Corporation or is found liable to another on the basis of improperly receiving a personal benefit. A person is conclusively considered to have been found liable in relation to any claim, issue, or matter if the person has been adjudged liable by a court of competent jurisdiction and all appeals have been exhausted. (b) The termination of a proceeding by judgment, order, settlement, conviction, or on a plea of nolo contendere or its equivalent does not necessarily preclude indemnification by the Corporation. (c) The Corporation shall pay or reimburse expenses incurred by a director, officer, member, committee member, employee, or agent of the Corporation in connection with the person's appearance as a witness or other participation in a proceeding involving or affecting the Corporation when the person is not a named defendant or respondent in the proceeding. (d) In addition to the situations otherwise described in this paragraph, the Corporation may indemnify a director, officer, member, committee member, employee, or agent of the Corporation to the extent permitted by law. However, the Corporation shall not indemnify any person in any situation in which indemnification is prohibited by the terms of paragraph 10.01(a), above. (e) Before the final disposition of a proceeding, the Corporation may pay indemnification expenses permitted by the bylaws and authorized by the Corporation. However, the Texas Filmmakers Public Access Proposal - Draft One Page 78 of 86 Corporation shall not pay indemnification expenses to a person before the final disposition of a proceeding if: the person is a named defendant or respondent in a proceeding brought by the Corporation or one or more members; or the person is alleged to have improperly received a personal benefit or committed other willful or intentional misconduct. (f) If the Corporation may indemnify a person under the bylaws, the person may be indemnified against judgments, penalties, including excise and similar taxes, fines, settlements, and reasonable expenses (including attorney's fees) actually incurred in connection with the proceeding. However, if the proceeding was brought by or on behalf of the Corporation, the indemnification is limited to reasonable expenses actually incurred by the person in connection with the proceeding. Section 2. Procedures Relating to Indemnification Payments (a) Before the Corporation may pay any indemnification expenses (including attorney's fees), the Corporation shall specifically determine that indemnification is permissible, authorize indemnification, and determine that expenses to be reimbursed are reasonable, except as provided in paragraph 10.02(c), below. The Corporation may make these determinations and decisions by any one of the following procedures: (i) Majority vote of a quorum consisting of directors who, at the time of the vote, are not named defendants or respondents in the proceeding. (ii) If such a quorum cannot be obtained, by a majority vote of a committee of the Board of Directors, designated to act in the matter by a majority vote of all directors, consisting solely of two or more directors who at the time of the vote are not named defendants or respondents in the proceeding. (iii) Determination by special legal counsel selected by the Board of Directors by vote as provided in paragraph 10.02(a)(i) or 10.02(a)(ii), or if such a quorum cannot be obtained and such a committee cannot be established, by a majority vote of all directors. (iv) Majority vote of members, excluding directors who are named defendants or respondents in the proceeding. (b) The Corporation shall authorize indemnification and determine that expenses to be reimbursed are reasonable in the same manner that it determines whether indemnification is permissible. If the determination that indemnification is Permissible is made by special legal counsel, authorization of indemnification and determination of reasonableness of expenses shall be made in the manner specified by paragraph 1 0.02(a)(iii), above, governing the selection of special legal counsel. A provision contained in the articles of incorporation, the bylaws, or a resolution of members or the Board of Directors that requires the indemnification permitted by paragraph 10.01, above, constitutes sufficient authorization of indemnification Texas Filmmakers Public Access Proposal - Draft One Page 79 of 86 even though the provision may not have been adopted or authorized in the same manner as the determination that indemnification is permissible. (c) The Corporation shall pay indemnification expenses before final disposition of a proceeding only after the Corporation determines that the facts then known would not preclude indemnification and the Corporation receives a written affirmation and undertaking from the person to be indemnified. The determination that the facts then known to those making the determination would not preclude indemnification and authorization of payment shall be made in the same manner as a determination that indemnification is permissible under paragraph 10.02(a), above. The person's written affirmation shall state that he or she has met the standard of conduct necessary for indemnification under the bylaws. The written undertaking shall provide for repayment of the amount paid or reimbursed by the Corporation if it is ultimately determined that the person has not met the requirements for indemnification. The undertaking shall be an unlimited general obligation of the person, but it need not be secured and it may be accepted without reference to financial ability to make repayment. (d) Any indemnification or advance of expenses shall be reported in writing to the members of the Corporation. The report shall be made with or before the notice or waiver of notice of the next membership meeting, or with or before the next submission to members of a consent to action without a meeting. In any case, the report shall be sent within the 12-month period immediately following the date of the indemnification or advance. ARTICLE 12 NOTICES Section 1. Notice by Mail or E-Mail Any notice required or permitted by the bylaws to be given to a member, director, officer, or member of a committee of the Corporation may be given by mail or e-mail. If mailed, a notice shall be deemed to be delivered when deposited in the United States mail addressed to the person at his or her address as it appears on the records of the Corporation, with postage prepaid. If given by e-mail, a notice shall be deemed to be delivered when the outgoing mail server accepts the e-mail and the e-mail is addressed to the person at his or her primary e-mail address as it appears on the records of the Corporation. A person may change his or her primary e-mail address by giving written notice to the secretary of the Corporation or by updating their profile via the corporate website. Section 2. Signed Waiver of Notice Whenever any notice is required to be given under the provisions of the Act or under the provisions of the articles of incorporation or the bylaws, a waiver in writing signed by a person entitled to receive a notice shall be deemed equivalent to the giving of the notice. A waiver of Texas Filmmakers Public Access Proposal - Draft One Page 80 of 86 notice shall be effective whether signed before or after the time stated in the notice being waived. Section 3. Waiver of Notice by Attendance The attendance of a person at a meeting shall constitute a waiver of notice of the meeting unless the person attends for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. ARTICLE 13 SPECIAL PROCEDURES CONCERNING MEETINGS Section 1. Meeting by Telephone Members, Board of Directors, and any committee of the Corporation may hold a meeting by telephone conference-call procedures in which all persons participating in the meeting can hear each other. The notice of a meeting by telephone conference must state the fact that the meeting will be held by telephone as well as all other matters required to be included in the notice. Participation of a person in a conference-call meeting constitutes presence of that person at the meeting Section 2. Meeting by Internet Members, Board of Directors, and any committee of the Corporation may hold a meeting by web-conferencing procedures in which all persons participating in the meeting can hear each other. The notice of a meeting by Internet must state the fact that the meeting will be held by Internet as well as all other matters required to be included in the notice. Participation of a person in a web-conference meeting constitutes presence of that person at the meeting. Section 3. Decision Without Meeting Any decision required or permitted to be made at a meeting of the members, Board of Directors, or any committee of the Corporation may be made without a meeting. A decision without a meeting may be made if a written consent to the decision is signed by all of the persons entitled to vote on the matter. The original signed consents shall be placed in the Corporation minute book and kept with the Corporation's records. Section 4. Voting by Proxy A person who is authorized to exercise a proxy may not exercise the proxy unless the proxy is delivered to the officer presiding at the meeting before the business of the meeting begins. The secretary or other person taking the minutes of the meeting shall record in the minutes the name of the person who executed the proxy and the name of the person authorized to exercise Texas Filmmakers Public Access Proposal - Draft One Page 81 of 86 the proxy. If a person who has duly executed a proxy personally attends a meeting, the proxy shall not be effective for that meeting. A proxy filed with the secretary or other designated officer shall remain in force and effect until the first of the following occurs: (a) An instrument revoking the proxy is delivered to the secretary or other designated officer. (b) The proxy authority expires under the terms of the proxy. (c) The proxy authority expires under the terms of the Bylaws. ARTICLE 14 IRC 501(c)(3) TAX EXEMPTION PROVISIONS Section 1. Limitations on Activities No substantial part of the activities of the corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation) except as otherwise provided by Section 501(h) of the Internal Revenue Code), and the corporation shall not participate in, or intervene in (including the publishing or distribution of statements), any political campaign on behalf of, or in opposition to, and candidate for public office. Not withstanding and other provision of these Bylaws, the corporation shall not carry on any activities not permitted to be carried on (a) by a corporation exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, or (b) by a corporation, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code. Section 2. Prohibition Against Private Inurement No part of the net earnings of the corporation shall inure to the benefit of, or be distributable to, its members, directors or trustees, officers or other private persons, except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes of this corporation. Section 3. Distribution of Assets Upon dissolution of the corporation, its assets remaining after payment, or provision for payment, of all debts and liabilities of this corporation shall be distributed for one or more exempt purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code or shall be distributed to the federal government, or to state or local government, for a public purpose. Such distribution shall be made in accordance with all applicable provisions of the laws of this state. Texas Filmmakers Public Access Proposal - Draft One Page 82 of 86 ARTICLE 15 AMENDMENTS TO BYLAWS The bylaws may be altered, amended, or repealed, and new bylaws may be adopted by the Board of Directors. The notice of any meeting at which the bylaws are altered, amended, or repealed, or at which new bylaws are adopted shall include the text of the proposed bylaw provisions as well as the text of any existing provisions proposed to be altered, amended, or repealed. Alternatively, the notice may include a fair summary of those provisions. ARTICLE 16 MISCELLANEOUS PROVISIONS Section 1. Legal Authorities Governing Construction of Bylaws The bylaws shall be construed in accordance with the laws of the State of Texas. All references in the bylaws to statutes, regulations, or other sources of legal authority shall refer to the authorities cited, or their successors, as they may be amended from time to time. Section 2. Legal Construction If any bylaw provision is held to be invalid, illegal, or unenforceable in any respect, the invalidity, illegality, or unenforceability shall not affect any other provision and the bylaws shall be construed as if the invalid, illegal, or unenforceable provision had not been included in the bylaws. Section 3. Headings The headings used in the bylaws are used for convenience and shall not be considered in construing the terms of the bylaws. Section 4. Gender Wherever the context requires, all words in the bylaws in the male gender shall be deemed to include the female or neuter gender, all singular words shall include the plural, and all plural words shall include the singular. Section 5. Seal The Board of Directors may provide for a corporate seal. Such a seal would consist of two concentric circles containing the words "Texas Filmmakers' Corporation", "Texas," in one circle and the word "Incorporated" together with the date of incorporation of the Corporation in the other circle. Texas Filmmakers Public Access Proposal - Draft One Page 83 of 86 Section 6. Power of Attorney A person may execute any instrument related to the Corporation by means of a power of attorney if an original executed copy of the power of attorney is provided to the secretary of the Corporation to be kept with the Corporation records. Section 7. Parties Bound The bylaws shall be binding upon and inure to the benefit of the members, directors, officers, committee members, employees, and agents of the Corporation and their respective heirs, executors, administrators, legal representatives, successors, and assigns except as otherwise provided in the bylaws. ARICLE 17 ADDENDUMS Section 1. Authority The policies and procedures listed in the following section have been duly adopted by a majority vote of the Board of Directors and represent an extension of the adopted By-laws of the Corporation. Section 2. List of Addendums (a) Membership Structure & Benefits - Not included, explained earlier (b) Equipment/Facility Fee Schedule (c) Off-Premise Rental Agreement (d) Editing Lab Policy (e) Volunteer Credit Exchange (f) Non-Discrimination Policy Texas Filmmakers Public Access Proposal - Draft One Page 84 of 86 CERTIFICATE OF SECRETARY I certify that I am the duly elected and acting secretary of Texas Filmmakers' Corporation and that the foregoing Bylaws constitute the Bylaws of the Corporation. These Bylaws were duly adopted at a meeting of the Board of Directors held on February 28, 2008. DATED: February 28, 2008. Ernest Walker Secretary of the Corporation Texas Filmmakers Public Access Proposal - Draft One Page 85 of 86 Non-Discrimination Policy Texas Filmmakers provides information, opportunities, and resources to all individuals while striving for equity and diversity in all areas of activity. Discrimination or harassment of any kind will not be tolerated. Texas Filmmakers does not discriminate on the basis of a person's age, color, disability, ethnic origin, income, national origin, race, religion, resources, sex, sexual orientation, social status, or veteran status. Texas Filmmakers complies with nondiscrimination regulations under Title VI and Title VII of the Civil Rights Acts of 1964; Title IX of the Education Amendments Act of 1972; Equal Pay Act of 1963; Vietnam Era Veterans' Readjustment Assistance Act of 1974; Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990; the Age Discrimination in Employment Act of 1967; and other applicable statutes. Inquiries or grievances may be directed to the Texas Filmmakers Board of Directors by sending an e-mail to board@texasfilmmal<ers.org. Texas Filmmakers Public Access Proposal - Draft One Page 86 of 86 Proposal Mayborn School of Journalism Operation of Denton Public Access Channel (to begin Jan. 1, 2011) Mission Statement: Giving voice to the people of Denton, as provided by the First Amendment, while providing educational opportunities in community media to citizens, students and professionals. Overview: This plan will create a partnership between the City of Denton and the Frank W. and Sue Mayborn School of Journalism at the University of North Texas, under which the Mayborn School will operate the Denton Public Access Channel. Denton Public Access TV (Denton Access) will provide a cable television channel on which Denton citizens can cablecast recorded programming which they produce. This includes content produced by students or classes affiliated with the Mayborn School of Journalism at UNT. We envision this as a place where people's diverse voices can be heard. A place where information can be shared. A place for open discussion among citizens. We envision this as a benefit to the City and citizens of Denton with little or no additional cost. How do the citizens of Denton benefit? • Produce innovative programming • Provide information sometimes overlooked by traditional media • Give access to diverse voices and topics • Provide educational opportunities in professionally taught workshops for community members, students and professionals (e.g., learning to use cameras, how to shoot public service announcements for non-profits, understanding social media) • Allow freedom of expression through open discussion and debate of community issues, which are essential for a free society • Availability of a regularly scheduled local newscast for and about Denton and its residents • Access to coverage of local sports, from little league to high school • Use of state-of-the-art technical facilities and studio • Access to professional staff who are experts in production, lighting, staging, video shooting and editing • Availability of students to assist in production • Stable, sustainable operation over the long term How does the City of Denton benefit? • Provides an operator with expertise in television production and technology • Minimizes costs to City by using existing UNT facilities and staff • Minimizes impact on other channels supported by PEG funds • Provides outlet for community programming that reflects needs and interests of the Denton community • Stable, sustainable operation by established 65-year-old program at UNT How does the Mayborn School of Journalism benefit? • Allows expansion of curriculum for additional cross-platform education, including news and Public Service Announcements (PSAs) • Provides hands-on experience for Mayborn undergraduate and graduate students in different formats (e.g., talk shows, news and sports programs). • Recruits future students through hands-on curriculum and workshops • Supports UNT's "Closing the Gaps" initiative by providing interaction with diverse populations • Allows students to experience both citizen and community journalism • Reinforces commitment to First Amendment, and encourages freedom of expression through open discussion and programming, which are essential for a free society Staffing: The Denton Public Access Channel will be operated by existing faculty and staff of the Mayborn School of Journalism. It will be overseen by the Mayborn Dean and the Chair of News. Staffing includes the Media Technology Manager, with six years previous experience with Denton Public Access. Faculty and staff have extensive professional experience in news, sports and production. In addition, students will be available to assist in production. NOTE: There will be no additional cost to the City for staffing. Advisory Board: An advisory board of interested citizens reflecting the diversity of Denton will be established to discuss with the operators, the opportunities for programming, workshops, and education. The operators and advisory board will meet on a regular schedule. Technical Resources: Playback Equipment: Under this proposal, the playback equipment for Denton Public Access will be housed in the General Academic Building (GAB) on the UNT campus. Studios: Citizens may produce programs in studios in the GAB building - one studio is currently available and a larger studio is in the renovation process and will be ready in early 2011. As is currently the case, a schedule will be set up to provide access to facilities. Technical: There will be a control room, audio booth, and editing suite adjacent to the larger studio. NOTE: There will be no additional cost to the City for renovation. Funding: Expenses: • PEG funds will be used for all capital expenses related to the launch of this channel, and ongoing maintenance and repair of the equipment provided by the City. • Mayborn will provide staffing with current faculty, staff and students. NOTE: There will be no additional cost to the City for staffing. Fees There are no planned fees for citizen producers at this time. Operational Guidelines: The operator will create guidelines for operations and content, which will reflect community standards. Parking and Access: Citizens who are dropping off programming may park in a loading zone adjacent to the General Academic Building (GAB). There are 15 visitor spaces including 3 designated handicapped, which are approximately 60 paces from the GAB. The GAB has an elevator, and the building is handicapped accessible, in accordance with the Americans with Disabilities Act. Other information: All of the programming on the public access channel, whether produced by citizens or students, should be of interest to the larger community. None of the public access channel will be used exclusively for UNT journalism students. The studio and technical facilities will be shared between citizens and students. Facilities can be reserved to ensure appropriate staffing is available. Mayborn plans to offer free or low cost production training, including instruction in camera use, editing and social media. Visitor and handicapped parking is available immediately across the street from the GAB. A loading zone is also available. Summary: The Mayborn School of Journalism appreciates the invitation by the City Manager to operate the Denton Public Access channel. We see wonderful opportunities in this agreement that will benefit all involved. The Mayborn School of Journalism is a nationally accredited, 65-year old program, with deep roots at the University of North Texas and in the City of Denton. As journalists, we see ourselves as public servants. We teach and truly believe in the First Amendment right to free speech. We, more than anyone, have committed our careers and our lives to fight vigorously to protect that right for citizens of the world. During a time when public funds are tight, we are also committed to helping the City of Denton and its citizens to protect an important asset. We do that by offering our time and our expertise at no additional cost to the citizens of Denton. We are uniquely qualified to operate the public access channel. We have a very high level of training and expertise in production and technology. We know how to find and tell stories. And we are committed to being good stewards of public funds and the public trust. Thank you for this opportunity. C ro C O o L O E - r-c: O U (6 ~ V1 f6 N L L O L 1 t U L ~ X O N a C ro O C U Q N > O 4 } L C 4 d O C L _0 O C C E E U a LZ O o E (n C L ~ E N O L t U O U - LL w C C D O 3 a O C a a r c c m -0 a~ a a > C C 0 0 C: a) w E m m ~ t cn U Q + N N U N .L E Q u L` U m m U .Ln o 0 O O ~ -0 ro C in C N C N 7 in Q O N N O D > in hA N C: C: U in D L (1) 0 LL 0 _ 4- CL D > C X in O N N N C = LU (D > N ro C N E N > LLJ N > _0 w O O C: U O U L N m C: C: m w a C N N N CO 0 O N_ VI D C: E 4-j 4-j 4-j N OL i Q U E D (6 (6 N ~ (L6 C C U C C Q Q 0 L (6 - Q U ii Li ~ 0 E E a O O a, a~ C O U C U O U O a C D O O_ J W N N N V) c c C C 0 0 0 Q Q Q Ln Ln o o a~ U ~ a-+ C N N N C N O m 4-j VI U m 4-j C: C - O U U N O > O N L U C Q U O U m N 7 L - a 0 c O O Q hA (6 qA Q N 0 u _ O w C C O (L6 C O Q O `1 N > `1 N u D Q O a+ Q cn W Q Q a > a cn 0 • • • • • • • • • • a-+ in ~ N - N U U ~ O LL Q a Public Access Channel Timeline - City of Denton Cable Television Supervisor 3/31 Included a regular/part-time position in Cable TV budget for (2010-11) to accommodate the possibility of the City taking over the public access channel effective January 1, 2011. 4/16 Received first inquiry from Texas Filmmakers regarding Public, Education and Government (PEG) fund financials. 4/18 Met with City's grant accountant regarding PEG fund financials. 4/19 Forwarded the financial information requested to Texas Filmmakers. 5/4 Received a call from Joshua Butler with Texas Filmmakers regarding the future of public access television in Denton. Set up meeting for Thursday May 61" at City Hall. 5/6 Met with Joshua Butler at City Hall regarding public access. Mr. Butler said he wanted a "heads up" if the City was going to do a request for proposal (RFP) in regards to a third party running the public access channel effective January 1, 2011. 1 let him know that if we did a RFP that I would contact him. I told him we also had options that would not include us doing a RFP such as the City or another governmental entity operating the channel. He inquired about his next step, and I told him he should put something down on paper. He told me he would have something in writing to me on Monday- May 101H 5/17 Met with City Manager and Director of Administrative Services regarding the future of the public access channel. I let them know of five options that the City had regarding the channel going forward. The City Manager asked me to contact other PEG Channel operators in the City to gage their interest in running the public access channel. 5/18 Met with Interim Chair of News for the Mayborn School of Journalism regarding their interest in operating the public access channel; within a couple of days, received a draft outline in writing. 5/19 Met with City's senior buyer in regards to RFP process and to confirm interlocal as an option regarding UNT. 5/24 Met with Deputy City Attorney regarding the public access channel and contract between the City and Charter Communications that expires December 31, 2010. 6/4 Sent an informal staff report to City Council that included a memo sent to City Manager with options related to the future of public access channel. 6/29 Met with City Manager and Director of Administrative Services regarding the offer (in writing by City Manager) to Mayborn School of Journalism at UNT to run the public access channel, and their initial acceptance (in writing). 6/29 Received first interlocal draft agreement from Deputy City Attorney regarding City and UNT and public access channel. 7/8 Sent Texas Filmmakers letter about City's plan to move forward with other entity. 7/20 Received interlocal draft contract back from Mayborn School of Journalism/UNT legal department with questions. 7/20 The City Manager met with Mr. Butler concerning public access. After that meeting, Mr. Butler called and left me a voicemail requesting a meeting with me. Due to a very long City Council meeting that evening, I agreed to meet with him on Thursday - July 22nd 7/22 The Manager of the City's Public Communications office and I met with Mr. Butler at 2:00pm at City Hall. Mr. Butler said he "dropped the ball" on following through with the proposal he offered to have submitted on May 101h, and was working on it. 7/23 Received email from Mr. Butler stating he would have a proposal submitted on Wednesday - July 281h 7/26 Returned interlocal draft contract back to UNT with questions answered. 7/28 Received both electronically and hand delivered proposal about public access from Texas Filmmakers. 7/30 Received interlocal draft contract back from UNT legal counsel with changes. 8/2 Reviewed changes to interlocal contract draft made by UNT legal counsel, and forwarded contract to City's Deputy City Attorney for further (final) review. 8/5 Met with Director of Administrative Services and Public Communications Manager about Texas Filmmakers proposal. 8/9 Received interlocal agreement with final changes back from Deputy City Attorney. The document is final and ready for signature. 8/11 Met with the City Manager concerning the final UNT agreement. I updated him on the Texas Filmmakers proposal and the costs associated with it. Let him know of the email campaign from Texas Filmmakers to "public access partners" calling them to action at the next City Council meeting scheduled for August 17, 2010. 8/17 Joshua Butler with Texas Filmmakers and others speak about public access at Council meeting during Citizen Reports. Council Members Gregory, Watt and Engelbrecht ask for a Council work session on public access. 8/23 Hire third party television executive, City Manager, Legal, etc. meet. 8/25 Meet with City Attorney, Director of Administrative Services, etc. concerning contracted independent cable television executive to review both proposals. 9/1 Staff, consultant and citizen public access stakeholders have meeting at City Hall. 9/2 Staff, consultant and citizen public access stakeholders have meeting at City Hall. 9/3 Staff finalizes criteria by which to measure public access proposals. 9/8 Director of Administrative Services and Mike Mulcahy meet with Texas Filmmakers. 9/9 Director of Administrative Services and Mike Mulcahy meet with Mayborn School. 9/16 Staff meets with City's legal staff about proposals. 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N co co .N O =3 N =3 Co U O o U ~ a~ ftCL -r b L- 0 0U U X O > co ° U o ~j o N = - N > cn co U N N O C6 U N = cn 4A N N c E 0 O co 2 co > O F _ cdn) = U =3 Co N m cn N 2 b.0 :t 0 cn 4-J U 4- O C: co O _=3 O E 0 co -a 0 bn ca Q N _r_ cr N V) Q) tw L m ~ - ~ O lD Q M E i o O U - O -a bb Ir •N Co Z7i Ln m L7 ago a~ ca ~ -a a--+ =3 E a~ a ~ U O , ca '1 L 0 Q Ln -tw l tt co co Co co U v Co N 00 -0 ~r 0 • h ' _ f ( • > 4-J Ln 1 i - Q 2 n~, O 4-J .v ~ rF s ~~~yw r. 0 N V 416 7, ® ~ Y ~I~d d YEh'r( I k`~f [~q+t`?{~l~«~~rJ~. y: w a, 9 J { ,Vf4 % , ~R yy ~i o- ® (nk7 a. Xa ~fytya^ s kwr_~ c Y T 3 0 ~ N U N U ca CL -0 A U O O L 0 O -r u co O > =3 16 O c~ O p O N O ca 0 O - L` 4A v 0 O C O U G i u Q) M O E - N • O c>' ca hA v ca fl. U 7.3 ca ~ O ~ ca ~ ~ c~ N bn - ago _ o- o- ~U 0 U ~J ® ca ~ d ~ ~J _ ~ U fa 0 i 0 ® ~ ~ O a--+ ~ m ~ N 0 ~ N ~ ~ i N ~ ~ ~ O ~ ~ • - ca N ~ p O z a~ ~ ~ ~ a~ ~ a > ~ a~ AGENDA INFORMATION SHEET AGENDA DATE: October 5, 2010 DEPARTMENT: Streets ACM: Howard Martin, 349-8232 SUBJECT Consider approval of a resolution of the City Council of the City of Denton, Texas accepting the recommendations made by the Citizens Advisory Oversight Committee appointed by the City Council on April 19, 2005, regarding the five-year capital improvements program, respecting the reallocation of funding of street improvements from the FY 2007-2008 miscellaneous roadways, the FY 2008-2009 miscellaneous roadways, and from the FY 2008-2009 sidewalk installations funds to the Paisley Street extension project; and providing an effective date. BACKGROUND Staff has been asked to look into the extension of a sidewalk or walkway just north of Lee Elementary from Mack Drive east to Oak Valley in order to provide students with a an improved pedestrian pathway or walkway between the neighborhoods east and northeast of Lee Elementary and the school. Students have reportedly been walking through the wooded areas surrounding the school or possibly across a drainage channel and private property, inasmuch as a street or sidewalk does not connect these neighborhoods with the streets abutting the school. The owner of the property to the north of Lee Elementary donated the right-of-way (ROW) for Paisley Street over this distance to the City. The City cleared the ROW with the intent of installing an all-weather walking path to serve students walking to the school from neighborhoods to the east. The eastern end of this ROW can best be described as "boggy" and constriction was delayed in order to allow the soil to dry and staff to identify a solution to the drainage issue. Staff has looked into the costs of actually extending the street itself rather than simply installing a pathway or walkway. The extension of Paisley Street north of Lee Elementary from Mack Drive east to Oak Valley would consist of the constriction of approximately 2,000 LF of 8" asphalt roadway with curb and gutters and 5'-wide concrete sidewalks (sidewalk would only be installed on the south side of the road). The preliminary opinion of probable cost to place this length of roadway is estimated to be approximately $520,000, including engineering, surveying and inspection. ESTIMATED SCHEDULE OF PROJECT If approved, street constriction would begin Summer 2011. PRIOR ACTION/REVIEW Citizens Advisory Oversight Committee Meeting August 27, 2010 -1- FISCAL INFORMATION The Bond Program included $225,000.00 in FY2007-FY2008 for Miscellaneous Roadways, of which approximately $216,000 remains available for use. The Bond Program included $230,000 in FY2008-FY2009 for Miscellaneous Roadways and $261,500 for Sidewalk Installations. EXHIBITS 1. Resolution 2. 8-27-10 CAOC Draft Minutes Respectfully submitted: Jim Coulter Director of Water Utilities -2- EXHIBIT 1 RESOLUTION NO. R20 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS ACCEPTING THE RECOMMENDATIONS MADE BY THE CITIZENS ADVISORY OVERSIGHT COMMITTEE APPOINTED BY THE CITY COUNCIL ON APRIL 19, 2005, REGARDING THE FIVE-YEAR CAPITAL IMPROVEMENTS PROGRAM, RESPECTING THE REALLOCATION OF FUNDING OF STREET IMPROVEMENTS FROM THE FY 2007-2008 MISCELLANEOUS ROADWAYS, THE FY 2008-2009 MISCELLANEOUS ROADWAYS, AND FROM THE FY 2008-2009 SIDEWALK INSTALLATIONS FUNDS TO THE PAISLEY STREET EXTENSION PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, Texas proposed and adopted a five- year Capital Improvements Plan ("CIP") in 2005; the Citizens Advisory Oversight Committee ("CAOC"), a committee of five persons, was created by Resolution No. R2005-015 on April 19, 2005 in order to consider appropriate adjustments and reallocations of the bond funds as are appropriate; and WHEREAS, the CAOC met on August 27, 2010 and considered and discussed the subject of street improvements and the reallocation of capital improvement funds from three CIP bond funds projects where funding was provided for Miscellaneous Roadways and from Sidewalk Installation at the time of bond issuance (FY 2007-2008 Miscellaneous Roadways; FY 2008-2009 Miscellaneous Roadways; and FY 2008-2009 Sidewalk Installation); and WHEREAS, after considering all of the relevant factors, the CAOC recommends to the City Council that $550,000 in CIP bond funds for street improvement should be reallocated from miscellaneous roadway improvements projects, from the FY 2007-2008 Miscellaneous Roadways ($216,000 in funds remaining); from FY 2008-2009 Miscellaneous Roadways ($230,000 in bonds sold this year); and the balance from FY 2008-2009 Sidewalk Installation ($104,000 in bonds sold this year) instead to the engineering and constriction of Paisley Street, in the City of Denton, Texas, to provide for street extension and improvements; and WHEREAS, the City Council finds that this recommendation by the CAOC is in the best interests of the City of Denton, Texas and its citizens; NOW THEREFOR THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council of the City of Denton, Texas hereby accepts the recommendations of the CAOC and permits a reallocation of $550,000 of capital improvement funds previously designated from the FY 2007-2008 Miscellaneous Roadways, the FY 2008- 2009 Miscellaneous Roadways, and the FY 2008-2009 Sidewalk Installation bonds, instead to be allocated to the street extension and improvements for the engineering and constriction of Paisley Street, in Denton, Texas SECTION 2. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 12010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: EXHIBIT 2 1 DRAFT MINUTES 2 CITIZENS ADVISORY OVERSIGHT COMMITTEE 3 August 27, 2010 4 5 After determining that a quorum of the Citizens Advisory Oversight Committee of the City of 6 Denton, Texas was present, the Chair of the Citizens Advisory Oversight Committee thereafter 7 convened into an Open Meeting on August 27, 2010 at 9:00 a.m. in the City Council Work 8 Session room, 215 E. McKinney Street, Denton, Texas. 9 10 Present: Chair Randy Robinson, Roni Beasley, Jerry Mohelnitzky, Rick Woolfolk, and 11 Polly Diebel 12 13 Also Present: Jim Coulter, Director Water Utilities; Fred Greene, ACM; Mark Nelson, 14 Transportation Director; Emerson Vorel, Director Parks & Recreation; Linda 15 Ratliff, Director of Economic Development; Bob Tickner, Parks Planning 16 Administrator; Bryan Langley, Director of Finance; Cody Wood, Assistant 17 Controller, Kevin Mullen, Assistant Controller; Mary Billings, Accountant; Kim 18 Mankin, Administrative Assistant III 19 20 21 3) Receive a report, hold a discussion and consider funding for the design and constriction of 22 the possible extension of Paisley Street just north of Lee Elementary from Mack Drive east to 23 Oak Valley. Funding sources are from FY2007-FY2008 Miscellaneous Roadways and 24 FY2008-FY2009 Miscellaneous Roadways and Sidewalk Installations funds respectively. 25 26 Jim Coulter presented this item. This is the Paisley Street sidewalk and road project. The owner 27 has donated the right of way for the project, and staff has cleared the area. We have it opened up 28 and the ground is currently drying out. Woolfolk stated this was a project that was promised in 29 the CIP package. Beasley asked what the transfer amount would be. Coulter stated we will 30 transfer all the 2007-2008 misc roadway for $216,000, all of the 2008-2009 misc roadway for 31 $230,000 we will pay the difference out of that sidewalk to make $550,000. We will leave 32 $104,000. Chair Robinson asked if we are still coordinating with DISD on the issues. Coulter 33 responded we are getting feedback from DISD on where to use these funds for safety and 34 sidewalk. Robinson questioned if this is high on their priority list. Coulter stated that staff has 35 not taken this back to DISD we know that it was high on their list previously. We still have 36 meetings with City Council and DISD to coordinate projects. 37 38 Committee Member Jerry Mohelnitzky moved to approve the project, seconded by 39 Committee Member Polly Diebel. Vote was 5-0 approved. 40 41 The meeting was adjourned by consensus at 9:40 a.m. 42 AGENDA INFORMATION SHEET AGENDA DATE: October 5, 2010 DEPARTMENT: Economic Development ACM: Jon Fortune SUBJECT Consider approval of a resolution of the City Council of the City of Denton, Texas accepting the recommendations made by the Citizens Advisory Oversight Committee appointed by the City Council on April 19, 2005, regarding the five-year Capital Improvements Program, respecting the reallocation of funding of street improvements from Walnut Street and Pecan Street to the Hickory Street Grand Project; and providing an effective date ($1,777,970). BACKGROUND At their August 27, 2010, meeting, the Citizens Advisory Oversight Committee (CAOC) received a report regarding improvements to Hickory Street. A key element of the Downtown Implementation Plan is the creation of Hickory Street as the Grand Street. With the arrival of the A-Train next year, providing access to Downtown is critical. The project includes street improvements, the replacement of sidewalks and new pedestrian amenities, such as planters, benches and bike racks. The requested funds should complete Phase I of the project - from the Square to the Transit Station. Phase 11 will continue east and provide improvements to Hickory Street from the Transit Station to the County court complex. Staff is still working to identify and secure funding for Phase II. The Hickory Street project has been submitted for several grants and discretionary funding requests, but no funds have become available. Staff recommended that CIP bonds sold for other Downtown streets (Walnut, Pecan and Austin) be reallocated to fund Hickory Street improvements from Locust to the Transit Station. ESTIMATED SCHEDULE OF PROJECT If approved, Hickory Street constriction would begin in approximately 18 months. PRIOR ACTION/REVIEW The Citizens Advisory Oversight Committee met on August 27, 2010 and recommends the reallocation of Walnut and Pecan Streets funds to Hickory Street. FISCAL INFORMATION If approved, the Hickory Street Grand Street Project would be funded from Capital Improvement Program bonds from Walnut Street ($877,500) and Pecan Street ($900,470), a total of $1.78 million. EXHIBITS Resolution 8-27-10 CAOC Draft Minutes Respectfully submitted: Linda Ratliff, Director Economic Development RESOLUTION NO. R20 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS ACCEPTING THE RECOMMENDATIONS MADE BY THE CITIZENS ADVISORY OVERSIGHT COMMITTEE APPOINTED BY THE CITY COUNCIL ON APRIL 19, 2005, REGARDING THE FIVE-YEAR CAPITAL IMPROVEMENTS PROGRAM, RESPECTING THE REALLOCATION OF FUNDING OF STREET IMPROVEMENTS FROM WALNUT STREET AND PECAN STREET TO THE HICKORY STREET GRAND PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, Texas proposed and adopted a five- year Capital Improvements Plan ("CIP") in 2005; the Citizens Advisory Oversight Committee ("CAOC"), a committee of five persons, was created by Resolution No. R2005-015 on April 19, 2005 in order to consider appropriate adjustments and reallocations of the bond funds as are appropriate; and WHEREAS, the CAOC met on August 27, 2010 and considered and discussed the subject of street improvements and the reallocation of capital improvement funds from two CIP projects where funding was provided for the improvement of streets at the time of bond issuance (the Walnut Street and Pecan Street Projects); and WHEREAS, the City Council, by Resolution No. R2010-032 enacted on August 17, 2010, has recently adopted a comprehensive "Downtown Implementation Plan;" which plan provides for the creation of Hickory Street as the "Grand Street;" and since 2005 the A-Train Project with the DCTA has nearly become a reality; and WHEREAS, after considering all of the relevant factors, the CAOC recommends to the City Council that $1,777,970 in CIP bond funds for street improvement should be reallocated from street improvements for the Walnut Street ($877,500) and Pecan Street ($900,470) Projects, instead to the "Hickory Street Grand Project" to complete street improvements from Locust Street to the DCTA transit station; the CAOC considers that access to Downtown Denton is critical, with the arrival of the A-Train expected in 2011; and WHEREAS, the City Council finds that this recommendation by the CAOC is in the best interests of the City of Denton, Texas and its citizens; NOW THEREFOR THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council of the City of Denton, Texas hereby accepts the recommendations of the CAOC and permits a reallocation of $1,977,970 of capital improvement funds previously designated from the planned street improvements on Walnut Street and Pecan Street to the planned street improvements on the "Hickory Street Grand Project" SECTION 2. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 12010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY 9 9 , k F By: 1 DRAFT MINUTES 2 CITIZENS ADVISORY OVERSIGHT COMMITTEE 3 August 27, 2010 4 5 After determining that a quorum of the Citizens Advisory Oversight Committee of the City of 6 Denton, Texas was present, the Chair of the Citizens Advisory Oversight Committee thereafter 7 convened into an Open Meeting on August 27, 2010 at 9:00 a.m. in the City Council Work 8 Session room, 215 E. McKinney Street, Denton, Texas. 9 10 Present: Chair Randy Robinson, Roni Beasley, Jerry Mohelnitzky, Rick Woolfolk, and 11 Polly Diebel 12 13 Also Present: Jim Coulter, Director Water Utilities; Fred Greene, ACM; Mark Nelson, 14 Transportation Director; Emerson Vorel, Director Parks & Recreation; Linda 15 Ratliff, Director of Economic Development; Bob Tickner, Parks Planning 16 Administrator; Bryan Langley, Director of Finance; Cody Wood, Assistant 17 Controller, Kevin Mullen, Assistant Controller; Mary Billings, Accountant; Kim 18 Mankin, Administrative Assistant III 19 20 2) Receive a report, hold a discussion and make recommendation regarding the reallocation of 21 $2.7 million dollars of CIP funds for downtown streets to Hickory Street as a catalyst for 22 redevelopment. 23 24 Linda Ratliff presented this item. Ratliff stated that in the CIP there is money for the three mews 25 streets. What staff has found out with public meetings and the downtown task force, Hickory 26 Street is critical. It is the arts corridor and because of DCTA opening up the new station we need 27 to have good access from the station to downtown. What staff is asking is that you consider 28 using the funds that we have for the mews streets to go toward Hickory Street. Staff has 29 submitted Hickory Street in at least four grants. Every year staff submits it to congressman 30 Burgess to try and get discretionary funds for this street. We have not been successful to this 31 point in any of those cases. It is possible we have some money being considered but not a 32 guarantee for Hickory that amount if $500,000. That is not nearly enough for this project. We 33 have an estimate from the square to the transit station of about $1.7 million. We also have some 34 interest from the county in participating in this project. A couple of years ago we tried to get the 35 county to participate in the TIFF for downtown and they indicated they were not going to 36 participating in the TIFF's any more. Andy Eads, Denton County, offered to put some money 37 into downtown from his roads funds. We also have a commitment from the County for $2 38 million. What we would like to do with that money plus the CIP money is to take the project 39 from courthouse to courthouse. So that people getting off the train not only have a nice and safe 40 walk to downtown they would have the same walk to the new courthouse at the end of Hickory. 41 Committee Member Diebel asked if the downtown merchants are on board with this decision. 42 Ratliff responded that staff hasn't actually asked the merchants if they would be willing to give 43 up this money. We have information from them that Hickory is critical. Everyone that has been 44 at the public meetings has agreed that Hickory is critical. Staff has not approached the 45 merchants. Committee Member Mohelnitzky stated that it would cost $1.7 million from the 46 courthouse down to the transit station. Ratliff agreed. Mohelnitzky stated that in December 47 2009 it shows $1.4 on the backup packet. Mohelnitzky thought cost had come down. Ratliff 48 stated that amount is subtracting out the 20% match. Mohelnitzky stated that if the project is 49 $1.7 million; why is staff asking to transfer $2.7 million. Ratliff stated that it would take more 50 than one of the mews street dollars to make it happen. Staff is just unsure of what the amount Draft Minutes Citizens Advisory Oversight Committee meeting January 7, 2010 Page 2 of 3 1 will be once the rest of the estimates from the transit center to the court house are in. Woolfolk 2 asked when the bonds were sold and did it include the streets involved or do we have an open 3 end on the bond indenture. Ratliff answered that it was on the transportation. Woolfolk further 4 asked when the bonds were sold what the prospectus said the use of the bonds was for. Ratliff 5 stated for transportation it didn't identify streets. Mohelnitzky asked when we will find out 6 about the $2 million from the County. Ratliff stated that she wanted to tell Eads that we have 7 money that we can partner with them on. Ratliff has not met with him as of yet, Fred Greene, 8 ACM, will attend that meeting with Ratliff. Committee Member Beasley questioned the sale of 9 bonds in 2010. Ratliff stated that she received the information from our finance department. 10 Bryan Langley, Director of Finance, stated that these bonds are still a part of the 2005 bond 11 program. We had pieces left and we are selling the remaining $6.2 million this coming fiscal 12 year. Woolfolk stated that if $1.7 million was set aside for this project you could go to 13 Commissioner Eads and say we have money, knowing there was more if more was needed. 14 Woolfolk stated he would like to know what the merchants think. At least there is still some 15 money to do some part of the projects. Ratliff stated that if all the money ($2.7 million) was set 16 aside for this project and there was money left over the committee could specify which mews 17 street for it to be used on. Mohelnitzky stated that the project cost $900,000 per street, Ratliff 18 said approximately. Chair Robinson spoke, is this similar to the project grant was pooled a 19 couple of years ago. Ratliff stated that it was and staff has also applied for two other grants 20 since. Robinson asked if there was any chance of getting that grant. Ratliff stated staff keeps 21 applying. Since that doesn't seem to happen, we believe that Hickory Street needs to be done, 22 believe it is going to be the catalyst for redeveloping downtown. It is essential for access to the 23 transit station. Beasley asked if we were talking about widening the street. Ratliff stated it 24 would be sidewalks and street scaping similar to downtown on the square. Along with that we 25 have spoken with utilities and engineering about replacing water and sewer lines and 26 implementing drainage improvements. All the lines on Hickory there are old and if we are 27 replacing sidewalks we need to rebuild the drainage and utilities while we are there. There will 28 also be some street work accomplished. Robinson asked if there will be some utility CIP money 29 used. Jim Coulter stated that from the transit station to the square on Hickory there will be about 30 $1 million on utility replacements costs. The drainage costs were not in that original grant. Staff 31 is looking at drainage; it will be in the range of $400,000 since there is currently no drainage on 32 Hickory, there is just curbing and gutter and no underground storm drains. If we have to go 33 down to the other courthouse on the other side, staff hasn't looked at that cost but would guess it 34 would be a similar cost. Once we get more of a scope of work is then we will be able to come up 35 with a better number of those actual cost. Woolfolk asked when money is moved if the entire 36 amount ($1.8 million) has to be moved, or is the matching amount coming from somewhere else. 37 Ratliff stated there wouldn't be any matching money. Mohelnitzky stated that on Walnut Street 38 some of the $900,000 has been spent, same on Pecan Street. On Austin Street nothing has been 39 spent. Which streets do you determine that the money should be taken from and which ones are 40 to be left. Ratliff stated that her opinion was that Walnut probably needs a lot of work and thinks 41 that Pecan and Austin are going to be a lot more expensive because of the sidewalks. Austin 42 Street behind Locust Street has multi level sidewalks and is lined with air conditioning units, and 43 transformers. There will be a lot of planning on how that area could be cleaned up to make those 44 sidewalks walk able. One option is that staff just rebuilds one side of the street and it would be 45 the opposite side, there would probably be plenty of money to do that. Mohelnitzky stated that 46 he thought that area had been cleaned up. Ratliff stated the only sidewalk work that had been 47 completed was on the corner by the bank. Coulter stated that he wanted to let the committee also Draft Minutes Citizens Advisory Oversight Committee meeting January 7, 2010 Page 3 of 3 1 know that on Hickory Street and Industrial over to Sycamore Street, staff is looking at going in 2 and completing a seal coat on the street. It basically seals the surface of the street; it will change 3 the looks and be fresh and black. It will not be an overlay, just a coat. Then staff will restripe 4 those streets with the angle parking, a number of the merchants in the downtown area want to see 5 the angle parking. That seal coat will last approximately 18 months, which will improve the 6 looks of the roadway. Then we will be ready to do the overall constriction project. Ratliff 7 stated that we are looking at Mark Nelson's grant for the transit station. There are no sidewalks 8 that lead from Bell Street to the transit station. At least until we get to Hickory Street we will 9 have access across the railroad tracks. The money that staff is asking the Committee to consider 10 is not an emergency, but we are working on the Downtown Implementation Plan and trying to 11 identify how we are going to fund all of the projects for downtown. Hickory Street is the first 12 major constriction project and we need to know where we are going to get the money for that to 13 happen. Coulter stated that his best guess for the project from the transit station all the way to 14 the courthouse at Carroll would be in the $5 million range after you add up Water, Wastewater, 15 Drainage, street reconstruction and the sidewalks along the sides. We do not have actual 16 engineering cost on that as of yet. 17 18 Rick Woolfolk moved that the Committee makes a recommendation to City Council to 19 move $1.8 million out of the downtown projects; Walnut, Austin and Pecan with the 20 provision that if money comes in from anywhere else it goes back to those projects, in order 21 for staff to be able to plan for Hickory Street. Committee Member Roni Beasley seconded 22 the motion. Jerry Mohelnitzky stated that when he looks at the streets, if you move $1.8 23 million you will take something from each street. Mohelnitzky went on to state that if you 24 take the remaining from Walnut and Pecan you would have $1.778 million that would leave 25 Austin intact. Woolfolk accepted that as an amendment and Beasley seconded the 26 amendment. Vote was 5-0 approved. 27 28 The meeting was adjourned by consensus at 9:40 a.m. 29 AGENDA INFORMATION SHEET AGENDA DATE: October 5, 2010 DEPARTMENT: Transportation Operations ACM: Howard Martin, 349-8232 SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute amendment No. 1 to amended lease agreement between the City of Denton ("City") and the Denton County Transportation Authority ("DCTA"), amending that certain amended lease agreement, dated on or about September 18, 2007, by and between the City and DCTA, related to the lease of parking spaces located at the Williams Trade Square; and providing for an effective date. The Mobility Committee recommends consideration (3-0). BACKGROUND On September 30, 2005 the City of Denton transferred the LINK Public Transportation System to the Denton County Transportation Authority (DCTA). To maintain existing service levels, the City of Denton leased a portion of the Williams Trade Square parking lot to DCTA to serve as the central transfer station for the bus system. DCTA has leased this property since 2005 and has operated their central bus transfer station, Connect Central, from this location. Williams Trade Square is located east of the Wells Fargo Bank building, north of Mulberry and south of Hickory. The current lease was entered into in September 2007 and expired on September 30, 2010. It was expected that the Downtown Denton Transit Center would be completed during the previous lease term allowing DCTA to relocate bus operations from Williams Trade Square to the new location on east Hickory Street. The Transit Center is not completed; staff is forecasting completion in late December to mid-January 2011. The extension provides for a four-month extension to January 31, 2011 with the same terms and conditions with rent for October and November to be paid at the existing rate and rent for December 2010 and January 2011 at no cost to DCTA due, in part, to constriction delays on the Transit Center. This amendment will provide a four month extension to that lease RECOMMENDATION The Mobility Committee recommended Council consideration of the lease extension, 3-0 at their September 2010 meeting. Staff recommends approval of the proposed lease. PRIOR ACTION/REVIEW The Mobility Committee recommended Council consideration 3-0 at the September 14, 2010 Mobility Committee Meeting. DCTA has signed the proposed amendment. FISCAL INFORMATION The proposed lease states 27 parking spaces will be leased at $17.50 each, per month. This will result in two monthly payments of $472.50 during FY 2011. EXHIBITS 1. Draft Ordinance and Proposed Amendment 2. Original Lease Agreement, Ordinance 2007-196 3. Draft Mobility Committee Minutes, September 14, 2010 Respectfully submitted: Mark Nelson Transportation Director SALeg3Mff ppcvment Ordilmices5i05Williamsride Square DCTA Amen 1-L W EXHIBIT 1 ORDINANCE NO. - AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE. AMENDMENT NO. 1 TO AMENDED LEASE AGREEMENT BETWEEN THE CITY OF DENTON ("CITY") AND THE DENTON COUNTY TRANSPORTATION AUTHORITY ("DCTA"), AMENDING THAT CERTAIN AMENDED LEASE AGREEMENT, DATED ON OR ABOUT SEPTEM- BER 18,2007, BY AND BETWEEN THE CITY AND DCTA, RELATED TO THE LEASE OF PARKING SPACES LOCATED AT THE WILLIAMS TRADE SQUARE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton has improved and maintained the area known as the "Williams Trade Square"; and WHEREAS, such improvements include paved parking spaces; and WHEREAS, the City leased 27 parking spaces to DCTA pursuant to that Amended Leased Agreement (the "Effective Lease"), dated on or about September 18, 2007, Ordinance No. 2007-196; WHEREAS, due to construction delays related to the Transit Center to be located at 604 E. Hickory Street, DCTA is in need of the parking spaces provided by the Effective Lease through January 31, 2011; WHEREAS, City and DCTA desire to amend the Effective Lease to extend the term and modify the rent payable for such parking spaces; WHEREAS, the City Council of the City of Denton expressly finds that use of the park- ing spaces in conjunction with the provision of mass transit operations in the City of Denton, Texas, serves a valid public purpose to the citizens of the City of Denton, Texas; WHEREAS, the City desires to continue to lease such parking spaces at Williams Trade Square to the DCTA for use to conduct public transportation services; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager of the City of Denton, Texas, is hereby authorized to ex- ecute Amendment No. 1 to Amended Lease Agreement between the City of Denton and the Den- ton County Transportation Authority (the "Amendment"), to lease 27 parking spaces at the "Wil- liams Trade Square," a copy of the Amendment is attached hereto and incorporated by reference herein. SECTION 2. The recitals contained in this ordinance are hereby expressly incorporated herein. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY. BY: Page 2 s!\legal\our documents\contracts\10\wi11iams trade square parking amendment.doc AMENDMENT NO. 1 TO AMENDED LEASE AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON COUNTY TRANSPORTATION AUTHORITY This Amendment No. 1 to Amended Lease Agreement ("Amendment"), is made and entered into effective September 30, 2010, by and between the City of Denton, Texas (hereinafter referred to as "Lessor"), and the Denton County Transportation Authority (hereinafter referred to as "Lessee"), acting by and through their respective authorized representatives. WHEREAS, Lessor and Lessee entered into a certain Lease Agreement, dated November 1, 2005, related to parking spaces located at Williams Trade Square (the "Lease"); WHEREAS, Lessor and Lessee entered into that certain Amended Lease Agreement (the "Effective Lease"), dated on or about September 18, 2007, wherein the terms of the Lease were restated and amended as set forth therein; WHEREAS, the term of the Effective Lease was to expire on September 30, 2010; WHEREAS, the expiration of the Effective Lease was to coincide with the completion of construction and the opening of the Transit Center (herein so called) to be located at 604 E. Hickory; WHEREAS, the completion of the Transit Center has been delayed due to construction delays caused by factors beyond, at least in part, the control of Lessor and Lessee; WHEREAS, due to the construction delays and the consequent delayed completion of the Transit Center, Lessee is in need of the parking spaces, as provided in the Effective Lease, for an additional period of time; WHEREAS, the City Council of the City of Denton, Texas, hereby expressly finds that the use of the parking spaces in conjunction with the provision of mass transit operations in the City of Denton, Texas, as provided in the Effective Lease, serves a valid public purpose of the citizens of the City of Denton, Texas; WHEREAS, due to the construction delays and consequent delayed completion of the Transit Center, and to serve a valid public purpose of the City of Denton, Texas, Lessor and Lessee desire to amend the term of the lease and monthly rate provided for the rental of the subject parking spaces. NOW, THEREFORE, In consideration of the mutual covenants and considerations set forth herein, the receipt and sufficiency of which are hereby acknowledged by Lessor and Lessee, Lessor and Lessee hereby agree as follows: s:\legal\our documents\contracts\101williamstrade square parking amend mentdoc 1. Paragraph I of the Effective Lease is hereby deleted in its entirety and replaced with the following- 1 . Lessor leases to Lessee and Lessee leases from Lessor, twenty-seven (27) parking spaces at the Williams Trade Square, as described in the Effective Lease, for the period commencing on October 1, 2007 and ending on January 31, 2011 (i) for the period of October 1, 2007 to September 30, 2010, at the rent payable as provided in Paragraph 2 of the Effective Lease, as amended by this Amendment; (ii) for the period of October 1, 2010 to November 30, 2010, at rent payable at the rate of Seventeen Dollars and 501100 ($17.50) per month for each parking space covered hereby, payable monthly in advance; and (iii) for the period from December 1, 2010 to January 31, 2011, at no charge to Lessee. 2. Paragraph 2 of the Effective Lease is hereby deleted in its entirety and replaced with the following: 2. Lessee shall pay, for the period of time from October 1, 2007 to September 30, 2010, an annual rental fee of Five Thousand Six Hundred Seventy Dollars ($5,670.00) payable in advance on or before October 1 of each calendar year of such period. For the period of time from October 1, 2010 to January 31, 2011, Lessee shall pay the rental fee as provided in Paragraph 1 of the Effective Lease, as amended by this Amendment. 3. Paragraph 3 of the Effective Lease is hereby deleted in its entirety. 4. Lessor and Lessee represent and warrant to each other that they have the power to execute, deliver and perform under this Agreement, have taken all actions necessary to authorize the execution, delivery and performance of this Amendment and that the party executing this Amendment for and on behalf of Lessor and Lessee have been duly authorized by Lessor and Lessee to act in such behalf. 5. The recitals of this Amendment are expressly incorporated in and made a part of this Amendment for all purposes. 6. Except as expressly amended hereby, the Effective Lease shall remain valid and subsisting as originally provided. IN WITNESS WHEREOF, the Parties have executed this Amendment on the day of October, 2010, to be effective for all purposes the 30ffi day of September, 2010. CITY OF DENTON, TEXAS BY: GEORGE C. CAMPBELL, CITY MANAGER s:\legal\our documents\contracts\10\williams trade square parking amendment.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: DENTON COUNTY TRANSPORTATION AUTHORITY BY: JIM WITT, CEO ATTEST: BY: APPROVED AS TO LEGAL FORM: BY: r ci~ner[sWdintirce> 7iWillinns TnUc Sq- DCTA L-d- EXHIBIT 2 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH DENTON COUNTY TRANSPORTATION AUTHORITY FOR 27 PARKING SPACES LOCATED IN THE WILLIAMS TRADE SQUARE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton has improved and maintained the area known as the "Williams Trade Square"; and WHEREAS, such improvements include paved parking spaces; and WHEREAS, the City of Denton desires to continue to lease 27 parking spaces in the Wil- liams Trade Square to the Denton County Transportation Authority for its use to conduct public transportation services; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager of the City of Denton, Texas, is hereby authorized to ex- ecute a lease between the City of Denton and the Denton County Transportation Authority to lease 27 parking spaces at the "Williams Trade Square," a copy of which agreement is attached = hereto and incorporated by reference herein. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2007. z PERR McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ALI 0_1 APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: EXHIBIT 2 I STATE OF TEXAS § AMENDED LEASE AGREEMENT § BETWEEN THE CITY OF DENTON § . AND THE DENTON COUNTY § TRANSPORTATION AUTHORITY COUNTY OF DENTON § This amended and restated lease agreement is made and entered into by and between the City of Denton, Texas (hereinafter referred to as "Lessor"), and the Denton County Transportation Authority, Texas, (hereinafter referred to as "Lessee"), acting by and through their respective authorized representatives. RECITALS Whereas the parties previously entered into that certain lease agreement dated November 1, 2005 for parking spaces at Williams Trade Square (the "Original Lease"); and Whereas the parties pursuant to the terms of the Original Lease extended the term of the Original Lease for one period of twelve (12) months; and Whereas the parties desire to amend and restate the Original Lease as set forth herein: NOW THEREFORE in consideration of the mutual covenants contained herein and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties agree as follows: 1. Lessor leases to Lessee and Lessee leases from Lessor twenty-seven (27) parking spaces at the Williams Trade Square for a period of twelve (12) months commencing on October 1, 2007 and ending on September 30, 2008 (Initial Term), at a monthly rate of seventeen dollars and fifteen cents ($17.50) each. 2. Lessee-will pay the annual rental fee of $5,670 in advance and no later,thm the I" day of October 2007. 3. Lessee shall have the option to extend the terms and conditions of the Lease for two (2) additional terms of twelve (12) months each provided that Lessee gives Lessor written notice thereof not less than sixty (60) days prior to the expiration of the then current term. 4. Lessee shall have access to the 27 parking spaces located in the northeastern corner of the Williams Trade Square parking lot as drawn and identified in Exhibit "A". Lessee shall have exclusive access to parking spaces identified as Numbers 69-83 and 95-106 and the island area labeled as LINK Central on Attachment "A" ("Premises"). Lessee may access and depart the leased premises via either hickory Street or Mulberry Street. Page I of.4 [9341 5. Lessee shall be provided the right and opportunity to conduct public transportation services from the Premises depicted in Attachment "A". 6. Lessee shall be responsible for the grounds and maintenance of the Premises to include but not be limited to the repair of pavement to be repaired by Lessor but paid for by Lessee, marking of access lanes, repair and maintenance of existing passenger amenities (benches, shelters, signage), maintenance of grounds to include mowing and trash service. Lessor will enforce towing of unauthorized vehicles upon notice by Lessee. 1 7. Lessee agrees to (i) allow Lessor to have free access to the Lease Premises; (ii) to leave the Lease Premises, on termination of the lease agreement, in good repair, and (iii) not assign its leasehold interest or sublet the Lease Premises or any part thereof without the prior written consent of Lessor. To the extent allowed by law, Lessee shall indemnify, hold harmless and defend Lessor from any and all claims, actions, causes of action, liability, damages or loss resulting from the use of the Lease Premises. Further, the Lessor assumes no responsibility or liability for halm, injury, or any damaging event which are directly or indirectly attributable to premises defects which may now exist or which may hereafter arise upon the premises. 8. Notwithstanding anything contained herein to the contrary, the Lessor and Lessee may terminate this lease agreement, including any extension thereof, at any time by giving Lessee or Lessor 90 days advance written notice of termination. In such case, Lessor shall refund to Lessee those portions of annual rental already paid that are attributable to the time period after termination. 9. All notices and payments may be sent to the Lessor and Lessee at the following addresses; except that notices may be sent via facsimile to the fax numbers below. To Lessor: George C. Campbell City Manager City of Denton 215 E. McKinney Denton, Texas 76201 Fax No. 940-349-7206 To Lessee: John Hedrick, President Denton County Transportation Authority 1660 South Sternmons, Suite 250 Lewisville, Texas 75067 10. This amended and restated lease agreement shall become effective on October 1, 2007. Page 2 of 4 1 U43 IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective the _ day of , 2007. LESSEE LESSOR Denton County Transportation Authority City of Denton 1660 South Stemmons, Suite 250 215 E. McKinney Lewisville, Texas 75067 Denton, Texas 76201 t7~ a ' ?resident rick George C. Campbell City Manager ATTEST: ATTEST: Dorothy Palumbo, Secretary Jennifer Walters, Denton County Transportation Authority City Secretary r By: I f C By: i APPROVED AS TO LEGAL FORM: APPROVED AS TO LEGAL FORM: Peter G. Smith, General Counsel Edwin M. Snyder, City Attorney By: By: , Page 3 of 4 19341 ~j f Eki . 3 ~ 3h I'P ~ I 9 al r I EXHIBIT 3 1 DRAFT MINUTES for ITEM #4 2 City Council Mobility Committee 3 Tuesday, September 14, 2010 4 5 After determining that a quorum of the Mobility Committee of the Denton City Council was 6 present, the Chair of the Committee on the Mobility thereafter convened into a meeting on 7 Tuesday, September 14, 2010 at 1:07 p.m. in the City Council work session room, 215 E. 9 McKinney Street, Denton, Texas. 9 10 Present: Chair Pete Kamp Council Member Dalton Gregory 11 Mayor Mark Burroughs, (1:14) 12 13 Also Present: Mark Nelson, Transportation Director; Jim Coulter, Director Water Utilities; 14 Emerson Vorel, Director Parks and Recreation; Bryan Langley, Director of Finance; Fred 15 Greene, Assistant City Manager; Jon Fortune, Assistant City Manager; George Campbell, City 16 Manager; Anita Burgess, City Attorney; John Cabrales, Public Information & Intergovernmental 17 Relations Officer; John Polster, ITS; Lindsey Baker, Assistant to the City Manager; Kim is Mankin, Administrative Assistant III; (3) DCTA Members 19 20 OPEN MEETING 21 22 4) Receive a report, hold a discussion and make a recommendation to City Council on the 23 extension of the Denton County Transportation Authority lease agreement for the Williams 24 Trade Square parking lot for the provision of public transportation services. 25 26 Mark Nelson presented this item. This item is regarding the east side of Wells Fargo parking lot 27 which is city owned. It is currently known as Williams Trade Square parking lot. The City had 29 a lease agreement with DCTA in 2005, and again in 2007 for the property mentioned. That lease 29 is scheduled to sunset at the end of September 2010. The intention was to have the Downtown 30 Denton Transit center ready so that DCTA could move their operations from Williams Trade 31 Square to the new location on East Hickory. That project is not completed; we are forecasting 32 that completion date to be late December early to mid January time frame. This lease will 33 provide a four month extension to that lease. Nelson welcomed a recommendation on this 34 extension. Kamp clarified that there was no change only an extension. Nelson agreed. 35 36 Mark Burroughs made the motion to move forward to City Council. Dalton Gregory 37 seconded the motion. The vote was 3-0 approved. 38 39 40 There was no official action on a closed meeting item. 41 42 The meeting was adjourned by consensus at 1:56 p.m. AGENDA INFORMATION SHEET AGENDA DATE: October 5, 2010 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Karen Smith 349-8436. 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 (Contract# 340-10) for the acquisition of uniform purchase and rental for City employees by way of an interlocal agreement with the City of Denton; and providing an effective date (File 4584- Employee Uniform Rental and Purchase awarded to G&K Services in the annual estimated amount of $200,000). FILE INFORMATION This item is for the annual rental or purchase of uniforms for City employees that are required to wear uniforms in performance of their job duties. The City's Uniform Policy states that departments should obtain uniforms for employees by renting or purchasing the uniforms from a vendor approved by the Purchasing Department. This includes field personnel for divisions such as Solid Waste, Water, Wastewater, Parks, Denton Municipal Electric, Code Enforcement, Animal Control, Streets, Traffic, Facilities Management, Fleet Services and the City of Denton Warehouse but does not include Police or Fire Department personnel. The Purchasing Department has designated the Buy Board Contract vendor, G&K Services, as the approved uniform vendor per City policy. This allows the City to ensure that pricing is consistent and reasonable for all using departments. The Buy Board contract is all inclusive including some items currently not used by the City of Denton but that could be added at any time. Floor mats utilized by various departments in the entry ways of City buildings are also rented through this contract. RECOMMENDATION Award to G&K Services in the annual estimated amount of $200,000. PRINCIPAL PLACE OF BUSINESS G&K Services Coppell, TX Agenda Information Sheet October 5, 2010 Page 2 ESTIMATED SCHEDULE OF PROJECT Uniforms and mats are delivered on a weekly basis to numerous drop-off points at City facilities. The Buy Board contract awarded to G&K Services will expire on May 13, 2013. FISCAL INFORMATION The cost of uniform and mat rental is paid by the using department's budget on an as needed basis. Respectfully submitted: Bryan Langley, 349-7100 Director of Finance I -.CIS-File 4 5 84 ORDINANCE NO. 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 (CONTRACT4 340-10) FOR THE ACQUISITION OF UNIFORM PURCHASE AND RENTAL FOR CITY EMPLOYEES BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE 4584-EMPLOYEE UNIFORM RENTAL AND PURCHASE AWARDED TO G&K SERVICES IN THE ANNUAL ESTIMATED AMOUNT OF $200,000). 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 4584 G&K Services Exhibit A 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 12010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 3-ORD-File 4584 o_ c`n ~ m _ LL LL LL LL LL D LL LL LL LL LL LL LL LL LL LL LL LL LL ILL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL d p o Q Q O Q O O O O O O a O 4 0 4 0 0 6 0 0 0 Q o 0 0 4 a 4 4 4 0 0 0 0 0 0 0 0 a._ O O O O O O O O C! 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Z Q O OO~ z r~ Fz0 (n (ntn0_¢xxxx t-Wgo¢w O D O Q Z Z Z Z J J [Y LA www ¢UZ ~T (o O OD zzz1,()~ ~Q U) zzz x a¢ c(r~cfl~t000w00 w 6'og w w w U) O w w w w w w w w ..r LL w O 0 U 0 N x x 2 LL -f 0 LL z F-- wwwLL Q0 a: pr F~LLU Of [if w0- Z tLILLL LL LL LL LL LLxI- U w Lu fns LL LL LL ~mn. a.M RCL CL a2a a ZUUO(9L~ g~q~q~:5Q O O O O O O O O O O Q O O x {r ¢ Qu- C `o LO to to Qm m rnrn rnrn O (°ctoI- r- P: 0) 01 0101 0101 w:. m m 7, - to to (LO O N 04 co O Q O O tto O O U3 (Fl LO LO n W O O ~F- G O V (f1 0 0 0 G n n n O O N M U7 (O 00 O '3' c0 co to 0 0 0 0 O p p r r r r O O O O ~Cl 0 Q') H cn0 cn0 0n0 00 00 00 00 0 00 00 00 w 00 w w 00 w o0 1* AGENDA INFORMATION SHEET AGENDA DATE: October 5, 2010 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Karen Smith 349-8436 A~T ACM: Jon Fortune SUBJECT Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of soil, sand, aggregate and lime for various City departments; providing for the expenditure of funds therefor; and providing an effective date (Bid 4564-Annual Contract for Soil, Sand, Aggregate and Lime awarded to the lowest responsible bidder meeting specification for each item in the annual estimated amount of $2,000,000). BID INFORMATION This bid is for the annual supply of soil, sand, lime and aggregate utilized by various City departments in the maintenance and new constriction of streets, utility lines, street cuts and backfilling operations. These materials are ordered on an as needed basis. RECOMMENDATION We recommend award of this bid to the lowest responsible bidder meeting specification for each item as listed on Exhibit A of the Ordinance for an estimated annual amount of $2,000,000. Items 24, 26, 29, 37 and 38 will not be awarded at this time since no bids were received for these items. Items 5, 7a, 11, 14, and 26a were a tie. The Senior Buyer and Buyer cast lots and awarded to the vendors listed on Exhibit A of the attached ordinance. PRINCIPAL PLACE OF BUSINESS Anchor Sports 1, Inc. B&B Sand BWI Companies, Inc. Richardson, TX Aubrey, TX Carrollton, TX CIA Enterprises Blanco Sand & Gravel, Inc. Eagle Aggregate Collinsville, TX Oak Point, TX Denton, TX DFW Materials, LLC Martin Marietta Materials Hanson Aggregates Saginaw, TX Lewisville, TX Irving, TX Living Earth Technology Co. Denton Sand & Gravel, Inc. Earth Haulers Inc. Dallas, TX Sanger, TX Fort Worth, TX Agenda Information Sheet October 5, 2010 Page 2 PRINCIPAL PLACE OF BUSINESS (CONTINUED) TXI Red River Sand Co. Tim Beaty Builders, Inc Dallas, TX Denison, TX Denton, TX ESTIMATED SCHEDULE OF PROJECT This price agreement will be in effect for a period of one year from the date of award and may be extended for additional one-year periods if agreed to by both parties with all pricing, terms and conditions remaining the same. FISCAL INFORMATION Funding for each individual order will come from the appropriate budget or bond account of the using department. EXHIBITS Exhibit 1: Bid Tabulation Respectfully submitted: '41 Bryan Langley, 349-7100 Director of Finance I-.CIS-Bid 4564 r L Q O O y -O -O -O -O -O -O -O -O -O -O -O -O -O -O -O -O z x co co co co co co co co co m m m m m m m Z LO - R O O O O O O O O O O O O O O O O V- V Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Q ~ O U) N ~ LO LO 'O_ O 'O_ O 'O_ O 'O_ O 'O_ O 'O_ O 'O_ O 0 f~C V L O O ED LO ED O ED LO ED O m O m O CE W) z O L 0) o6 ~2 O N O (2 O N O I~ O N O N O L2 e» Z is3 Z 6q Z is3 Z is3 Z Z Z is3 > ca d D 0~ X 0 U N U (T m m m m m m m m m m m m m m Lo N Z 0 7 0 m O O O O O O O O O O O O O O (o N m U U Q Z Z Z Z Z Z Z Z Z Z Z Z Z Z Ef3 ~ d ~ 0 C -O -O -O -O -O -O -O -O -O -O -O -O -O -O -O -O 0 2 R ci $ m m m m m m m m m m m m m m m m iz m - O O O O O O O O O O O O O O O O LU 0 0 Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z U U N J H LO LO LO LO LO LO 0 C F. 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Y ~H ~H Y ~H ~H O 0 E N p a~ D 0 4" ~ ~ m m r U p O Vl v! d m m 0 0 O c N N0 }1 ~ O R - Lj~ rO 0 J V L y 0 .2 La a U a o o V W z 0 d co N 00 O r R N y Q W Q 0 ° y N O y y N 0 ~ _ p J E N r E d Q = w L w M M m t a 0 c m 0 Q ~ d u) a cA m ! ~ U a ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF SOIL, SAND, AGGREGATE AND LIME FOR VARIOUS CITY DEPARTMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4564-ANNUAL CONTRACT FOR SOIL, SAND, AGGREGATE AND LIME AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION FOR EACH ITEM IN THE ANNUAL ESTIMATED AMOUNT OF $2,000,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor; 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 bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 4564 23 Anchor Sports 1, Inc. Exhibit A 4564 22a, 26a Blanco Sand & Gravel, Inc. Exhibit A 4564 27, 28, 29a, 34, 34a BWI Companies, Inc. Exhibit A 4564 2a, 3a B&B Sand Exhibit A 4564 4a, I la CJA Enterprises Exhibit A 4564 6a, 13a DFW Materials, LLC Exhibit A 4564 21a Denton Sand & Gravel Inc. Exhibit A 4564 5a, 7a, 8a, 9a, 10a, 36a Eagle Aggregate Transportation Exhibit A 4564 32, 32a, 33, 33a Earth Haulers, Inc. Exhibit A 4564 9,111 Hanson Aggregates Exhibit A 4564 5, 10, 11, 14, 15a Martin Marietta Materials Exhibit A 4564 25,25a, 30, 31, 31a, Living Earth Technology Co. Exhibit A 4564 1, 2, 3, 22, 35 Red River Sand Co. Exhibit A 4564 la, 20a, 35a Tim Beaty Builders, Inc. Exhibit A 4564 4, 6, 7, 8, 12, 12a, 14a TXI Exhibit A 15, 16, 16a, 17, 17a, 18, 18a, 19, 19a, 20, 21, 36 SECTION 2. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur- chase 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 3. Should the City and the winning bidder(s) wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. 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 day of 12010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY h BY: 3-ORD-Bid 4564 w ) L r 0 Q 03 W `R o W > Q r 0 NN r 11. 0 O O z X W o RH - > Q ~ O U) d ~ 0 R ci L Z ` r O W rC7- > y ca 0 ~ ~ ayi ~ O c 0 Q c m o > U U H N J O > J n n n 0 z C ~ ~ ~ W > c 0 m >1 00 Q O R O H C, Z O U w > > d R a J H ~ O V N r 11~ r L y r 0 LO LO 0 co O A rn rn Q C r_ 7 J > ca m L Q W H 06 U Y Y w Q O o o U U D -o > D Q cr o m X X V D Y Y U Q 0 A Q 0 U 0 0 A z O 7 Y U Y ' ' C C U Y N U Q 0 U U U N H U a m D 'a m Q U Q p o o uoi uoi d n m Y o o w w m m -a. > T U > U U m o o bo bo m m = U U U T ? U o o U U c~ c~ m m W N N X X N N V♦ 0 N N U U ' m m A 0) U 0) U 0) M z, C C m m '0 '0 U U U) U) Co co 2 2 LL LL U co co -o -0 U 0) C,5 0) 06 0) 6) m m Uo Uo 0 m -0 0) 0) rn 0 3 3 _ Q Q -0 a a o 0 Q `Q in in a°i a° _ i o o m t m t m m O L V! 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L N N a~ S o Lo N v U) m d m O c = C R 0 v Q V cn z a - wzC~ d N d LLI 2. p H _ W D w i c a ~ a a AGENDA INFORMATION SHEET AGENDA DATE: October 5, 2010 DEPARTMENT: Finance All ACM: Jon Fortune SUBJECT Consider approval of a Resolution appointing members to the Board of Directors of the North Texas Higher Education Authority; and declaring an effective date. BACKGROUND The North Texas Higher Education Authority, Inc. (NTHEA) was established as a non-profit corporation for the purpose of furthering educational opportunities of students by providing funds for the acquisition of student loans. The cities of Arlington and Denton exercise the powers enumerated under Section 53.47 of the Texas Education Code and the directors of the Authority are appointed by the cities. Under Section 53.47 the Authority may issue revenue bonds or borrow money to provide funds for the purchase of student loans guaranteed under provisions of the Higher Education Act of 1965, as amended. The Authority issued its first revenue bonds for such purpose in 1979. PRIOR ACTION/REVIEW At the August 17, 2010, NTHEA Board meeting, action was taken to nominate individuals to serve in Place 2 and 4 on the Board. The incumbents serving in these capacities, Governor Jackson, Place 2 and Daniel Tonn, Place 4, have expressed a desire to serve another term and were nominated by the Board. The terms are effective October 1, 2010 through September 30, 2012. These nominations are being submitted to the City Council for consideration. FISCAL INFORMATION There is no fiscal impact to the City of Denton. EXHIBITS Letter from NTHEA Resolution Respectfully submitted: 4"'_ 5s~ Bryan Langley Director of Finance ro r Texas Higher Education Authority, Inc. ®Es A- Higher r Education Servicing Corporation September 1, 2010 Honorable Mark Burroughs City of Denton 215 East McKinney Denton, Texas 76201 Re: North Texas Higher Education Authority, Inc. (NTHEA) Appointment for Places 2 and 4 Dear Mayor Burroughs: At its August 17, 2010 meeting, the North Texas Higher Education Authority board took action to nominate individuals to Places 2 and 4 on its board for the term October 1, 2010 through September 30, 2012. The incumbents, Mr. Governor Jackson, Place 2 and Mr. Daniel Tonn, Place 4, who have served the NTHEA board faithfully over the years, expressed their willingness to serve another term and were nominated by our board. Therefore, their names are respectfully submitted for the City Council's consideration for re-appointment. I will very much appreciate your notifying me of the action taken by the City Council on the nominees. Please extend our continued thanks to the individual Council members for their support of the Authority and its activities. Sincerely, Governor Jackson President ft e hBoar,' f Directors 1250 E. Copcland Rd., Suite 200 o Arlington, Texas 76011-4921 (8I7) 265-9158 www.nthca.corn salegahour documentsVesolutions1101north texas higher education authority. doc RESOLUTION NO. A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE NORTH TEXAS HIGHER EDUCATION AUTHORITY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the term of office for Places 2 and 4 on the Board of Directors of the North Texas Higher Education Authority, Inc. have expired; and WHEREAS, the Board has nominated Mr. Governor Jackson - Place 2 and Mr. Daniel Tonn - Place 4 on the Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. Mr. Governor Jackson is hereby reappointed to Place 2 on the Board of Directors of the North Texas Higher Education Authority, Inc. for a term commencing October 1, 2010 and continuing through September 30, 2012. SECTION 2. Mr. Daniel Tone is hereby reappointed to Place 4 on the Board of Directors of the North Texas Higher Education Authority, Inc. for a term commencing October 1, 2010 and continuing through September 30, 2012. SECTION 3. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY b BY: AGENDA INFORMATION SHEET AGENDA DATE: October 5, 2010 DEPARTMENT: Legal Department CA: Anita Burgess, City Attorney SUBJECT: Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the City Manager to execute a Second Amendment to Agreement for Professional Legal Services with Michael J. Whitten & Associates formerly known as The Whitten Law Firm, P.C. for professional legal services relating to litigation entitled: The University of North Texas, Appellant v The City of Denton, Texas, Appellee, Cause No. 02-09-00395-CV, now pending before the Fort Worth Court of Appeals; authorizing the expenditure of funds therefor; providing for retroactive approval thereof, and providing an effective date. BACKGROUND: This matter has been in dispute with the University of North Texas since September 1, 2007. Thus far the City has $74,049.61 in sunk costs paid to the Whitten firm. The City filed suit in the 158th Judicial District Court in and for Denton County, Texas in February 2008. Denton prevailed after a summary judgment hearing before the trial court in January 2009 and was awarded a Judgment. The University elected to appeal the trial court's riling to the Fort Worth Court of Appeals. Briefing has been completed and oral arguments are set for October 6, 2010. Counsel for the University (the Attorney General of Texas) has indicated on more than one occasion that if they lose at the appeals court level that they will further appeal to the Texas Supreme Court. Mr. Whitten is lead counsel on this matter. The requested additional amount of not-to-exceed $40,000 will be sufficient to pursue this matter to completion. The amount in controversy as alleged by the City is in excess of $1,000,000, plus interest as provided by law. The appeal also deals with electric rate stricture for universities within the City. It is important to the City that this issue be finally decided in the Texas Courts. OPTIONS: Approve the Second Amendment to Agreement for Professional Legal Services. RECOMMENDATION: Recommend that the Council approve the Second Amendment to Agreement for Professional Legal Services. FISCAL INFORMATION: The attorney fees and expenses are $74,049 paid to the Whitten Firm to date. Approval of an additional $40,000 is sought, resulting in a total not-to-exceed amount of $115,000. EXHIBITS: 1. Second Amendment to Agreement for Professional Legal Services 2. Proposed Ordinance Respectfully submitted, Mike Copeland, Utility Attorney Page 2 EXHIBIT 1 STATE OF TEXAS § COUNTY OF DENTON § SECOND AMENDMENT TO AGREEMENT FOR PROFESSIONAL LEGAL SERVICES THIS AGREEMENT (hereafter called the "Second Amendment") is made and entered into this the day of 2010, by and between Michael J. Whitten & Associates, f/k/a The Whitten Law Firm, P.C., 218 North Elm, Denton, Texas 76201, acting by and through Michael J. Whitten, Attorney, having full authority to execute this Agreement on behalf of the firm, hereinafter referred to as "Consultant"; and the City of Denton, Texas, a Texas municipal corporation, 215 East McKinney Street, Denton, Texas 76201, acting by and through its duly authorized City Manager, George C. Campbell, hereinafter referred to as "City." WHEREAS, the City finds it appropriate to continue to employ experienced outside legal counsel to perform professional legal services in the area of trial and appellate law. Consultant is an experienced professional practicing in Denton, Texas, in a highly specialized area of law; and the City wishes to continue to retain Consultant to represent the City of Denton, Texas, and more specifically, its electric utility, Denton Municipal Electric; and WHEREAS, the Consultant is willing to continue to perform such services in a professional manner as an independent contractor; and the City desires to continue the employment of Consultant to render professional services in connection therewith, and the Consultant is willing to provide such services; and WHEREAS, the Consultant and City find it necessary to amend the previous Agreement for Professional Legal Services heretofore executed by George C. Campbell, City Manager on the 13th day of February 2008, in the amount of not-to-exceed $35,000; and that certain First Amendment, hereby approved by the Public Utilities Board on the 18th day of May, 2009, and heretofore executed by George C. Campbell, City Manager on the 1" day of June, 2009; for the sole purpose of adding $40,000 in additional funds to the purchase order (aggregating $115,000), as the litigation is not completed; and WHEREAS, the Public Utilities Board approved this Second Amendment to Agreement for Professional Legal Services (the "Second Amendment") on the 27th day of September, 2010 by a vote of ; and NOW, THEREFORE, in consideration of the promises and mutual obligations set forth herein, and for good and valuable consideration, the City and Consultant do hereby mutually AGREE as follows: I. The provisions of Paragraph 3.A. entitled "Compensation and Method of Payment' 'in the original Agreement for Professional Legal Services referenced above, is hereby amended as follows: 1 Insert the following sentence: "This Second Amendment provides for a further not-to-exceed amount of $40,000, aggregating a grand total of $115,000." 11. The Consultant and the City agree that, except as specifically provided for by this Second Amendment to Agreement for Professional Legal Services, that all of the heretofore conditions, agreements, rights, responsibilities, and obligations of each party hereto stated in the original Agreement for Professional Legal Services and the First Amendment, shall be, and they will remain in full force and effect. IN WITNESS WHEREOF, the City of Denton, Texas, has executed this Second Amendment in four (4) original counterparts by and through its duly-authorized City Manager; and Consultant has executed this Agreement by and through its duly-authorized officer, on this the day of 2010. "CITY" CITY OF DENTON A Texas Municipal Corporation By: GEORGE C. CAMPBELL CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY A RNEY By: 2 "CONSULTANT" MICHAEL J. WHiTTEN & ASSOCIATES, P.C. Ma THE WRITTEN LAW FIRM, P.C., A Texas Professional Corporation l By: ' MI HAEL ITTEN ATTEST: By: 3 EXHIBIT 2 ORDINANCE NO. 2010- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO AGREEMENT FOR PROFESSIONAL LEGAL SERVICES WITH MICHAEL J. WHITTEN & ASSOCIATES F/KIAI THE WHITTEN LAW FIRM, P.C. FOR PROFESSIONAL LEGAL SERVICES RELATING TO LITIGATION ENTITLED: THE UNIVERSITY OF NORTH TEXAS, APPELLANT V. THE CITY OF DENTON TEXAS APPELLEE, CAUSE NO. 02- 09-00395-CV NOW PENDING BEFORE THE FORT WORTH COURT OF APPEALS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING FOR RETROACTIVE APPROVAL THEREOF; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems it necessary, appropriate, and in the public interest to continue to engage the law firm of Michael J. Whitten & Associates, Denton, Texas to provide further professional legal services relating to the above numbered and entitled litigation; and WHEREAS, the City Manager, within his delegated authority, has previously approved the original Agreement for Professional Legal Services with the Firm in the amount not-to- exceed $35,000 on February 13, 2008; thereafter, on May 18, 2009 the First Amendment to Professional Services Agreement, in the amount not-to-exceed another $40,000 was approved by the Public Utilities Board, and on June 1, 2009 the City Manager, within his delegated authority; totaling a not-to-exceed aggregate of $75,000; and WHEREAS, the City has prevailed in its lawsuit for a declaratory judgment in the 158th Judicial District Court, in and for Denton County, Texas; the State of Texas (the University of North Texas) then filed its appeal to the Fort Worth Court of Appeals then, where it is now pending oral argument on October 6, 2010; and WHEREAS, City staff has reported to the City Council that there is a continued and substantial need for the hereinabove described professional legal services, and that limited City staff cannot adequately perform the legal services with its own personnel considering its complexity; and Staff hereby recommends that the City Council enter into a Second Amendment to Agreement for Professional Services ("Second Amendment") for a further amount, not-to- exceed an additional $40,000, totaling an aggregate of $115,000; and WHEREAS, on the 27th day of September, 2010 the Public Utilities Board unanimously approved the Second Amendment by a vote of ; and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act," generally provides that a city may not select a provider of professional services on the basis of competitive bids, but must select the provider of professional services on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price; and the City Council hereby finds and concludes that Michael J. Whitten & Associates is appropriately qualified under the provisions of the law to continue to be retained as outside legal counsel for the City in this matter; and 1 WHEREAS, the City Council has provided in the City budget for the appropriation of funds to be used for the procurement of the foregoing professional legal services, as set forth in the Second Amendment; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: The recitations in the preamble are true and correct and are incorporated by reference herewith as a part of this ordinance. SECTION 2: The City Manager is hereby authorized to execute a "Second Amendment to Agreement for Professional Legal Services" (the "Second Amendment") with the law firm of Michael J. Whitten & Associates, Denton, Texas for continued professional legal services in the further not-to-exceed amount of $40,000, which aggregates a total not-to-exceed amount of $115,000, relating to above numbered and entitled litigation, in substantially the form of the Second Amendment attached hereto as Exhibit "A" and which is incorporated herewith by reference. SECTION 3: The award of this Agreement is on the basis of the demonstrated competence and qualifications of Walker Sewell, LLP and the ability of Walker Sewell, LLP to continue to perform the professional legal services needed by the City for a fair and reasonable price. SECTION 4: The expenditure of funds as provided in the attached Second Amendment to Agreement for Professional Legal Services is hereby authorized; and the previous expenditures made regarding this litigation are hereby ratified, confirmed and approved. SECTION 5: This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTO Y By: to 1, -01 2 AGENDA INFORMATION SHEET AGENDA DATE: October 5, 2010 DEPARTMENT: Community Development ACM: Fred Greene SUBJECT Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute an agreement between the City and Fred Moore Day Nursery School to provide Community Development Block Grant funds for improvements to the facility at 821 Cross Timber Street, Denton, Texas; authorizing the expenditure of funds therefor, not to exceed $120,400; and providing for an effective date. BACKGROUND Fred Moore Day Nursery School (FMDNS) is a nonprofit childcare facility providing low-cost day care for low to moderate-income families. FMDNS will serve a minimum of 62 children ranging in age from six (6) weeks through five (5) years of age. Parents must be working, going to school full time or doing a combination of both to be eligible. In addition, parents will be required to volunteer at the childcare center. FMDNS is open from 6:30 am to 6:00 pm, Monday through Friday. Fred Moore is licensed by the Texas Department of Protective and Regulatory Services. City of Denton CDBG funds will be used to complete the following facility improvements: • Roof Repairs • HVAC Replacement • Replacement of Exterior Windows • Electrical and Plumbing Repairs • Interior/Exterior Door Replacement • Interior Security Vestibule ESTIMATED PROJECT SCHEDULE • Development of work specifications and bid packet by November 15, 2010 • Bidding process to be completed by December 30, 2010 • Work to begin in January 2011 • All improvements completed by March 31, 2011 Agenda Information Sheet October 5, 2010 Page 2 PRIOR ACTION/REVIEW (Councils, Boards, Commissions) The Community Development Advisory Committee recommended approval of funding for improvements to the Fred Moore Day Nursery School facility. Funding for the project was included in the City's 2010 Action Plan for Housing crud COmmirnity Development. City Council approved the Action Plan on May 4, 2010. FISCAL INFORMATION Community Development Block Grant funds are budgeted for the project. Community Development staff costs to monitor constriction and labor standards compliance is paid through CDBG and General Fund dollars. EXHIBITS 1. Ordinance 2. Funding Agreement Respectfully submitted: Mark Cunningham Director of Parks and Recreation Prepared by: r Barbara Ross Community Development Administrator s: legal our documentsordinances ,102010-2011 fredmoore ordinance.doc EXHIBIT 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A FUNDING AGREEMENT BETWEEN THE CITY AND FRED MOORE DAY NURSERY SCHOOL TO PROVIDE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR IMPROVEMENTS TO THE FACILITY AT 821 CROSS TIMBER STREET, DENTON, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS NOT TO EXCEED $120,400; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has received funds from the U.S. Department of Housing and Urban Development under the Housing and Community Development Act of 1992; and WHEREAS, the City Council has approved the 2010 Action Plan for Housing and Community Development which includes an authorized budget for expenditure of funds for rehabilitation of the Fred Moore Day Nursery School facility; and WHEREAS, the Fred Moore Day Nursery School has developed a program to assist low and moderate-income families with affordable child care services; and WHEREAS, the City Council deems it in the public interest to enter into an agreement for renovation of the child care facility to provide improved services for Denton families; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager is hereby authorized to execute the attached Agreement between the City of Denton and the Fred Moore Day Nursery School to provide for improvements to the day care facility noted therein. SECTION 2. The City Council hereby authorizes the City Manager to expend funds in the manner and amount specified in the Agreement, not to exceed $120,400 and to take any other actions necessary to complete the City's obligations under the Agreement. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 12010. MARK A. BURROUGHS, MAYOR s: legal our documentsordinances ,102010-2011 fredmoore ordinance.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: EXHIBIT 2 2010-2011 AGREEMENT BETWEEN THE CITY OF DENTON AND THE FRED MOORE DAY NURSERY SCHOOL This Agreement is made and entered into by and between the City of Denton, a Texas munici- pal corporation, acting by and through its City Manager, pursuant to ordinance, hereinafter referred to as CITY, and the Fred Moore Day Nursery School, 821 Cross Timber Street, Denton, Texas, 76205, a Texas non-profit corporation, hereinafter referred to as SUBRECIPIENT. WHEREAS, CITY has received certain funds from the U.S. Department of Housing and Urban Development under Title I of the Housing and Community Development Act of 1974, as amended, CDBG Program, CFDA Number 14-218; and WHEREAS, CITY has adopted a budget for such funds and included therein an authorized budget for expenditure of funds for improvements to their existing day care facility for the SUBRECI- PIENT; and WHEREAS, CITY has designated the Community Development Division as the division re- sponsible for the administration of this Agreement and all matters pertaining thereto; and WHEREAS, CITY wishes to engage SUBRECIPIENT to carry out such project; NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound to the mutual obligations and to the performance and accomplishment of the conditions hereinafter described. 1. TERM This Agreement shall commence on or as of October 1, 2010, and shall terminate on September 30, 2020, unless sooner terminated in accordance with Section 26 "Termination". 2. RESPONSIBILITIES SUBRECIPIENT hereby accepts the responsibility for the performance of all services and ac- tivities described in the Scope of Services attached hereto as Attachment A, and incorporated herein by reference, in a satisfactory and efficient manner as determined by CITY, in accordance with the terms herein. CITY will consider SUBRECIPIENT's executive officer to be SUBRECIPIENT's representa- tive responsible for the management of all contractual matters pertaining hereto, unless written notifi- cation to the contrary is received from SUBRECIPIENT, and approved by CITY. The CITY's Community Development Administrator will be CITY's representative responsible for the administration of this Agreement. SUBRECIPIENT certifies that the activities carried out with Community Development Block Grant funds shall meet the program's National Objective of benefit to low and moderate-income per- sons. SUBRECIPIENT shall provide services to persons whose income is equal to or lower than 80%0 of the median income of the Dallas standard metropolitan statistical area. To accomplish this, the Page I of 26 SUBRECIPIENT shall use the current applicable income limits published by the Department of Hous- ing and Urban Development for the CDBG program. Income eligibility shall be determined by the sum of the gross income of all individuals residing in the household. Services must be provided direct- ly to or on behalf of specific identified eligible clients. Eligibility documentation must be included in each client's file and updated annually or services must be provided to a clientele that is within a "pre- sumed benefit" category. 3. CITY'S OBLIGATION A. Limit of Liability. CITY will reimburse SUBRECIPIENT for expenses incurred pursuant an d in accordance with the project budget attached hereto as Attachment B and the Scope of Ser- vices herein attached as Attachment A and incorporated herein by reference. Notwithstanding any other provision of the Agreement, the total of all payments and other obligations made or incurred by CITY hereunder shall not exceed the sum of $120,400. B. Measure of Liability. In consideration of full and satisfactory services and activities hereund- er by SUBRECIPIENT and receipt of a requisition for payment with appropriate documenta- tion of expenditures, CITY shall make payments to SUBRECIPIENT based on the Budget at- tached hereto and incorporated herein for all purposes as Attachment B, subject to the limita- tions and provisions set forth in this Section and Section 7 of this Agreement. Payments may be contingent upon certification of the SUBRECIPIENT's financial management system in accor- dance with the standards specified in OMB Circular A-110. (1) The parties expressly understand and agree that CITY's obligations under this Section are contingent upon the actual receipt of adequate Community Development Block Grant (CDBG) funds to meet CITY's liabilities under this Agreement. If adequate funds are not available to make payments under this Agreement, CITY shall notify SUBRE- CIPIENT in writing within a reasonable time after such fact has been determined. CITY may, at its option, either reduce the amount of its liability, as specified in Subsection A of this Section or terminate the Agreement. If CDBG funds eligible for use for purposes of this Agreement are reduced, CITY. shall not be liable for further payments due to SUBRECIPIENT under this Agreement. (2) It is expressly understood that this Agreement in no way obligates the General Fund or any other monies or credits of the City of Denton. (3) CITY shall not be liable for any cost or portion thereof which: (a) has been paid, reimbursed or is subject to payment or reimbursement, from any other source; (b) was incurred prior to the beginning date, or after the ending data specified in Section 1; (c) is not in strict accordance with the terms of this Agreement, including all at- tachments attached hereto; (d) has not been billed to CITY within 90 calendar days following billing to SUB- RECIPIENT, or termination of the Agreement, whichever date is earlier; or Page 2 of 26 (e) is not an allowable cost as defined by Section 10 of this Agreement or the project budget. (4) CITY shall not be liable for any cost or portion thereof which is incurred with respect to any activity of SUBRECIPIENT requiring prior written authorization from CITY, or af- ter CITY has requested that SUBRECIPIENT fiunish data concerning such action prior to proceeding further, unless and until CITY advises SUBRECIPIENT to proceed. (5) CITY shall not be obligated or liable under this Agreement to any party other than SUBRECIPIENT for payment of any monies or provision of any goods or services. (6) Funding not expended within two years of initial contract approval will revert to the City of Denton CDBG budget for use on alternative projects.. 4. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS A. SUBRECIPIENT understands that fiznds provided to it pursuant to this Agreement are funds which have been made available to CITY by the Federal Government (U.S. Department of Housing and Urban Development) under the Housing and Community Development Act of 1974, as amended, in accordance with an approved Grant Application and specific assurances. Accordingly, SUBRECIPIENT assures and certifies that it will comply with the requirements of the Housing and Community Development Act of 1974 (P.L. 93-383) as amended and with regulations promulgated thereunder, and codified at 24 CFR 570. The foregoing is in no way meant to constitute a complete compilation of all duties imposed upon SUBRECIPIENT by law or administrative ruling, or to narrow the standards which SUBRECIPIENT must follow. SUBRECIPIENT further accrues and certifies that if the regulations and issuances promulgated pursuant to the Act are amended or revised, it shall comply with them, or notify CITY, as pro- vided in Section 23 of this Agreement. SUBRECIPIENT agrees to abide by the conditions of and comply with the requirements of the Office of Management and Budget Circulars Nos. A-122; A-87, A-133 and the regulations at 24 CFR Part 84 as applicable. B. SUBRECIPIENT shall comply with all applicable federal laws, laws of the State of Texas and ordinances of the City of Denton. C. SUBRECIPIENT is required to comply with the applicable uniform administrative require- ments as described in 24 CFR 570.502,. 570.505 and 24 CFR 570 subpart K with the exceptions noted below: (1) SUBRECIPIENT does not assume CITY'S environmental responsibilities described at CFR 570.604; and (2) SUBRECIPIENT does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR Part 52. Page 3 of 26 D. SUBRECIPIENT agrees to comply with the requirements of the Secretary. of Labor in accor- dance with the Davis-Bacon Act as amended, the provisions of the Contract Work Hours Safety Standards Act, the Copeland "Anti-Kickback Act (40 U.S.C. 276a-276a-5; 40 USC 327 and 40 USC 276c) and all other applicable Federal, state and local laws and regulations pertaining to labor standards and insofar as those acts apply to the performance of this contract. SUBRECI- PIENT will work with CITY to obtain and maintain documentation of compliance. Upon writ- ten request by the CITY, SUBRECIPIENT will obtain the services of consultant to monitor the contractor's compliance with these requirements. E. SUBRECIPIENT agrees to comply with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this agreement, and shall also be binding on any of the SUBRECIPIENT' S subcontractors. The SUBRECIPIENT certifies that no contractual or other disability exists which would prevent compliance with these requirements. SUBRECIPIENT fiarther agrees to include a statement in all subcontracts requiring compliance with Section 3 and requiring subcontractors, to the great- est extent feasible, to provide opportunities for training and employment to low and moderate- income individuals that are residents of the project area. Upon written request of the CITY, SUBRECIPIENT will obtain the services of a consultant to monitor the general contractor's compliance with the Section 3 requirements. F. CONTRACTOR certifies that it is not currently listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with Executive Orders 12549 and 12689 and will not enter into agreements to expend Federal funds with contractors that are currently listed. 5. REPRESENTATIONS A. SUBRECIPIENT assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Agreement. B. The person or persons signing and executing this Agreement on behalf of SUBRECIPIENT do hereby warrant and guarantee that he, she, or they have been fully authorized by SUBRECI- PIENT to execute this Agreement on behalf of SUBRECIPIENT and to validly and legally bind SUBRECIPIENT to all terms, performances and provisions herein set forth. C. CITY shall have the right, at its option, to either temporarily suspend or permanently terminate this Agreement if there is a dispute as to the legal authority of either SUBRECIPIENT or the person signing the Agreement to enter into this Agreement. SUBRECIPIENT is liable to CITY for any money it has received from CITY for performance of the provisions of this Agreement if CITY has suspended or terminated this Agreement for the reasons enumerated in this Sec- tion. D. SUBRECIPIENT agrees that the funds and resources provided to SUBRECIPIENT under the terms of this Agreement will in no way be substituted for funds and resources from other sources, nor in any way serve to reduce the resources, services, or other benefits which would Page 4 of 26 have been available to, or provided through, SUBRECIPIENT had this Agreement not been ex- ecuted. 6. PERFORMANCE BY SUBRECIPIENT SUBRECIPIENT will provide, oversee, administer, and carry out all of the activities and ser- vices set out in the Work Statement, attached hereto and incorporated herein for all purposes as At- tachment A, utilizing the fimds described in Attachment B, attached hereto and incorporated herein for all purposes and deemed by both parties to be necessary and sufficient payment for full and satisfacto- ry performance of the program, as determined solely by CITY and in accordance with all other terms, provisions and requirements of this Agreement. No modifications or alterations may be made in the Scope of Services without the prior written approval of the City's Community Development Administrator. 7. PAYMENTS TO SUBRECIPIENT A. The CITY shall pay to the SUBRECIPIENT a maximum amount of money totaling $120,400 for activities carried out under this Agreement. CITY will pay these funds on a reimbursement basis to the SUBRECIPIENT within twenty days after CITY has received supporting documen- tation of eligible expenditures. SUBRECIPIENT's failure to request reimbursement on a timely basis may jeopardize present or future funding. Funds are to be used for the sole purpose of carrying out the activities described in the Scope of Services herein attached as Attachment A and based on the budget herein attached as Attach- ment B. B. Excess Payment. SUBRECIPIENT shall refund to CITY within ten working days of CITY's request, any sum of money which has been paid by CITY and which CITY at any time thereaf- ter determines: (1) has resulted in overpayment to SUBRECIPIENT; or (2) has not been spent strictly in accordance with the terms of this Agreement; or (3) is not supported by adequate documentation to fully justify the expenditure. C. Disallowed Costs. Upon termination of this Agreement, should any expense or change for which payment has been made be subsequently disallowed or disapproved as a result of any auditing or monitoring by CITY, the Department of Housing and Urban Development, or any other Federal agency, SUBRECIPIENT will refund such amount to CITY within ten working days of a written notice to SUBRECIPIENT, which specifies the amount disallowed. Refunds of disallowed costs may not be made from these or any funds received from or through CITY D. Reversion of Assets. SUBRECIPIENT, upon expiration of this Agreement shall transfer to the CITY any CDBG funds on hand at the time of expiration and any accounts receivable attribut- Page 5 of 26 able to the use of CDBG funds. If CITY finds that SUBRECIPIENT is unwilling and/or unable to comply with any of the terms of this Contract, CITY may require a refund of any and all money expended pursuant to this Contract by SUBRECIPIENT, as well as any remaining un- expended funds which shall be refunded to CITY within ten working days of a written notice to SUBRECIPIENT to revert these financial assets. The revision of these financial assets shall be in addition to any other remedy available to CITY either at law or in equity for breach of this Contract. E. Obligation of Funds. In the event that actual expenditure rates deviate from SUBRECIPIENT's provision of a corresponding level of performance, as specified in Attachment A, CITY hereby reserves the right to reappropriate or recapture any such underexpended funds. F. Contract Close Out. SUBRECIPIENT shall submit the Agreement close out package to CITY, together with a final expenditure report, for the time period covered by the last invoice request- ing reimbursement of funds under this Agreement, within 15 working days following the close of the Agreement period. SUBRECIPIENT shall utilize the form agreed upon by CITY and SUBRECIPIENT. 8. WARRANTIES SUBRECIPIENT represents and warrants that: A. All information, reports and data heretofore or hereafter requested by CITY and furnished to CITY, are complete and accurate as of the date shown on the information, data, or 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 condition of SUBRECIPIENT on the date shown on said report, and the results of the operation for the period covered by the report, and that since said date, there has been no material change, adverse or otherwise, in the financial condition of SUBRECIPIENT. C. No litigation or legal proceedings are presently pending or threatened against SUBRECI- PIENT. D. None of the provisions herein contravene or are in conflict with the authority under which SUBRECIPIENT is doing business or with the provisions of any existing indenture or agree- ment of SUBRECIPIENT. E. SUBRECIPIENT has the power to enter into this Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement. F. None of the assets of SUBRECIPIENT is subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by SUBRECIPIENT to CITY. Page 6 of 26 G. Each of these representations and warranties shall be continuing and shall be deemed. to have been repeated by the submission of each request for'payment. 9. COVENANTS A. CONTRACTOR agrees to execute a lien that will be placed on the property assisted with HOME funds. The lien will name the CITY as the primary beneficiary for a period not to exceed six years. B. During the period of time that payment may be made hereunder and so long as any payments remain unliquidated, SUBRECIPIENT shall not, without the prior written consent of the Com- munity Development Administrator or her authorized representative: (1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the assets of SUBRECIPIENT now owned or hereafter acquired by it, or permit any pre-existing mortgages, liens, or other encumbrances to remain on, or attached to, any assets of SUBRECIPIENT which are allocated to the performance of this Agreement and with respect to which CITY has ownership hereunder. (2) Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes or claims for money due or to become due. (3) Sell, convey, or lease all or substantial part of its assets. (4) Make any advance or loan to, or incur any liability for any other firm, person, entity or corporation as guarantor, surety, or accommodation endorser. (5) Sell, donate, loan or transfer any equipment or item of personal property purchased with funds paid to SUBRECIPIENT by CITY, unless CITY authorizes such transfer. (6) Enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the Grantee prior to the execution of such an agreement. B. SUBRECIPIENT agrees, upon written request by CITY, to require its employees to attend training sessions sponsored by the Community Development Division. 10. ALLOWABLE COSTS A. Costs shall be considered allowable only if incurred directly and specifically in the perfor- mance of and in compliance with this Agreement and in conformance with the standards and provisions of Attachments A and B. Page 7 of 26 B. Approval of SUBRECIPIENT's budget, Attachment B, does not constitute prior written ap- proval, even though certain items may appear herein. CITY's prior written authorization is re- quired in order for the following to be considered allowable costs: (1) CITY shall not be obligated to any third parties, including any contractors of SUBRE- CIPIENT, and CITY funds shall not be used to pay for any contract service extending beyond the expiration of this Agreement. Written requests for prior approval are SUBRECIPIENT's responsibility and shall be made within sufficient time to permit a thorough review by CITY. SUBRECIPIENT must obtain written approval by CITY prior to the commencement of procedures to solicit or purchase ser- vices, equipment, or real or personal property. Any procurement or purchase which may be ap- proved under the terms of this Agreement must be conducted in its entirety in accordance with the provisions of this Agreement. 11. PROGRAM INCOME A. For purposes of this Agreement, program income means earnings of SUBRECIPIENT realized from activities resulting from this Agreement or from SUBRECIPIENT's management of fund- ing provided or received hereunder. Such earnings include, but are not limited to, income from interest, usage or rental or lease fees, income produced from contract-supported services of in- dividuals or employees or from the use or sale of equipment or facilities of SUBRECIPIENT provided as a result of this Agreement, and payments from clients or third parties for services rendered by SUBRECIPIENT under this Agreement. B. SUBRECIPIENT shall maintain records of the receipt and disposition of program income in the same manner as required for other contract funds, and reported to CITY in the format pre- scribed by CITY. CITY and SUBRECIPiENT agree that any fees collected for services per- formed by SUBRECIPIENT shall be used for payment of costs associated with service provi- sion. Revenue remaining after payment of all program expenses for service provision shall be considered Program Income and shall be subject to all the requirements of this Agreement and the regulations found at CFR, Section 570.504. C. SUBRECIPIENT shall include this Section in its entirety in all of its contracts which involve other income-producing services or activities. D. It is SUBRECIPIENT's responsibility to obtain from CITY a prior determination as to whether or not income arising directly or indirectly from this Agreement, or the performance thereof, constitutes program income. SUBRECIPIENT is responsible to CITY for the repayment of any and all amounts determined by CITY to be program income, unless otherwise approved in writ- ing by CITY. 12. MAINTENANCE OF RECORDS A. SUBRECIPIENT agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under this Agreement, in compliance Page 8 of 26 with the provisions of Attachment B, attached hereto, and with any other applicable Federal and State regulations establishing standards for financial management including OMB Circu- lars A-87, A-122, A-133 and the regulations at 24 CFR Part 84 as applicable; Title 24 CFR Section 570.502 (b); Title 24 CFR Sections 570.504 and 570.506 as they pertain to costs in- curred, audits, program income, administration and other activities and functions. SUBRECI- PIENT's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Nothing in this Section shall be construed to relieve SUBRECIPIENT of fiscal accountability and liability under any other provision of this Agree- ment or any applicable law. SUBRECIPIENT shall include the substance of this provision in all subcontracts. B. SUBRECIPIENT agrees to retain all books, records, documents, reports, and written account- ing procedures pertaining to the operation of programs and expenditures of funds under this Agreement for five years. C. Nothing in the above subsections shall be construed to relieve SUBR.ECIPIENT of responsibili- ty for retaining accurate and current records, which clearly reflect the level and benefit of ser- vices provided.under this Agreement. D. At any reasonable time and as often as CITY may deem necessary, the SUBRECIPIENT shall make available to CITY, HUD, or any of their authorized representatives, all of its records and shall permit CITY, HUD, or any of their authorized representatives to audit, examine, make ex- cerpts and copies of such records, and to conduct audits of all contracts, invoices, materials, payrolls, records of personnel, conditions or employment and all other data requested by said representatives. 13. REPORTS AND INFORMATION At such times and in such form as CITY may require, SUBRECIPIENT shall furnish such statements, records, data and information as CITY may request and deem pertinent to matters covered by this Agreement. SUBRECIPIENT shall submit quarterly beneficiary and financial reports to CITY no less than once each three months. The beneficiary report shall detail client information, including race, income, female head of household and other statistics required by CITY. The financial report shall include in- formation and data relative to all programmatic and financial reporting as of the beginning date speci- fied in Section I of this Agreement. Beneficiary and financial reports shall be. due to City within 15 working days after the completion of each quarter. Unless the CITY has granted a written exemption, SUBRECIPIENT shall submit an audit con- ducted by independent examiners in accordance with Generally Accepted Accounting Principles. If the SUBRECIPIENT receives and/or expends more than $500,000 in federal funding, the audit must be conducted in accordance with OMB Circular A-133 as applicable within thirty days after receipt of such audit. Page 9 of 26 14. MONITORING AND EVALUATION A. CITY shall perform on-site monitoring of SUBRECIPIENT's performances under this Agree- ment. B. SUBRECIPIENT agrees that CITY may carry out monitoring and evaluation activities to en- sure adherence by SUBRECIPIENT to the Scope of Services, and Program Goals and Objec- tives, which are attached hereto as Attachment A, as well as other provisions of this Agree- ment. C. SUBRECIPIENT agrees to cooperate fully with CITY in the development, implementation and maintenance of record-keeping systems and to provide data determined by CITY to be neces- sary for CITY to effectively fulfill its monitoring and evaluation responsibilities. D. SUBRECIPIENT agrees to cooperate in such a way so as not to obstruct or delay CITY in such monitoring and to designate one of its staff members to coordinate the monitoring process as requested by CITY staff. E. After each official monitoring visit, CITY shall provide SUBRECIPIENT with a written report of monitoring findings documenting findings and concerns that will require a written response to the City. An acceptable response must be received by the City within 60 days from the SUBRECIPIENT's receipt of the monitoring report or audit review letter. Future contract payments can be withheld for SUBRECIPIENT's failure to submit a response within 60 days. F. SUBRECIPIENT shall submit copies of any fiscal, management, or audit reports by any of SUBRECIPIENT's funding or regulatory bodies to CITY within five working days of receipt by SUBRECIPIENT. G. SUBRECIPIENT will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and sup- ported with documented evidence of follow-up actions taken to correct areas of noncompliance. 15. DIRECTORS' MEETINGS During the terms of this Agreement, SUBRECIPIENT shall cause to be delivered to CITY cop- ies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to CITY in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. SUBRECIPIENT understands and agrees that CITY representatives shall be afforded access to all of the Board of Directors' meetings. Minutes of all meetings of SUBRECIPIENT's governing body shall be available to CITY with- in ten days after Board approval. Page 10 of 26 16. INSURANCE A. SUBRECIPIENT shall observe sound business practices with respect to providing such bond- ing and insurance as would provide adequate coverage for services offered under this Agree- ment. B. The premises on and in which the activities described in Attachment A are conducted, and the employees conducting these activities, shall be covered by premise liability insurance, com- monly referred to as "Owner/Tenant" coverage with CITY named as an additional insured. Upon request of SUBRECIPIENT, CITY may, at its sole discretion, approve alternate insur- ance coverage arrangements. C. SUBRECIPIENT will comply with applicable workers' compensation statues and will obtain employers' liability coverage where available and other appropriate liability coverage for pro- gram participants, if applicable. D. SUBRECIPIENT will maintain adequate and continuous liability insurance on all vehicles owned, leased or operated by SUBRECIPIENT. All employees of SUBRECIPIENT who are required to drive a vehicle in the normal scope and course of their employment must possess a valid Texas driver's license and automobile liability insurance. Evidence of the employee's current possession of a valid license and insurance must be maintained on a current basis in SUBRECIPIENT's files. E. Actual losses not covered by insurance as required by this Section are not allowable costs under this Agreement, and remain the sole responsibility of SUBRECIPIENT. F. The policy or policies of insurance shall contain a clause which requires that CITY and SUB- RECIPIENT be notified in writing of any cancellation of change in the policy at least 30 days prior to such change or cancellation. 17. CIVIL RIGHTS / EQUAL OPPORTUNITY A. SUBRECIPIENT shall comply with all applicable equal employment opportunity and affirma- tive action laws or regulations. The SUBRECIPIENT shall not discriminate against any em- ployee or applicant for employment because of race, color, creed, religion, national origin, gender, age or disability. The SUBRECIPIENT will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or re- cruitment advertising, layoff, termination, rates of pay or other forms of compensation and se- lection for training, including apprenticeship... B. The SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Page L1 of 26 Discrimination Act of 1975, Executive Order 11063 and Executive Order 11246 as amended by Executive Orders 11375 and 12086. C. SUBRECIPIENT will furnish all information and reports requested by the CITY, and will per- mit access to its books, records, and accounts for purposes of investigation to ascertain com- pliance with local, state and Federal rules and regulations. D. In the event of SUBRECIPIENT's non-compliance with the non-discrimination requirements, CITY may cancel or terminate the Agreement in whole or in part, and SUBRECIPIENT may be barred from further contracts with CITY. 18. PERSONNEL POLICIES Personnel policies shall be established by SUBRECIPIENT and shall be available for examina- tion. Such personnel policies shall: A. Be no more liberal than CITY's personnel policies, procedures, and practices, including poli- cies with respect to employment, salary and wage rates, working hours and holidays, fringe benefits, vacation and sick leave privileges, and travel; and B. Be in writing and shall be approved by the governing body of SUBRECIPIENT and by CITY. 19. CONFLICT OF INTEREST A. SUBRECIPIENT covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the perfor- mance of services required to be performed under this Agreement. SUBRECIPIENT ffarther covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body. B. SUBRECIPIENT further covenants that no member of its governing body or its staff, contrac- tors or employees shall possess any interest in or use his position for a purpose that is or gives the appearance of being motivated by desire for private gain for himselfterself, or others, par- ticularly those with which he/she has family, business, or other ties. C. No officer, member, or employee of CITY and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall participate in any decision relating to the Agreement which affects his or her personal interest or the interest in any corporation, partnership, or association in which he or she has a direct or indirect interest. 20. NEPOTISM SUBRECIPIENT shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by SUBRECIPIENT, or is a member of Page 12 of 26 SUBRECIPIENT's governing board. The term "member of immediate family" includes: wife, hus- band, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half-sister. 21. POLITICAL OR SECTARIAN ACTIVITY A. Neither the funds advanced pursuant to this Agreement, nor any personnel who may be em- ployed by the SUBRECIPIENT with funds advanced pursuant to this Agreement shall be in any way or to any extent engaged in any conduct or political activity in contravention of Chap- ter 15 of Title 5 of the United States Code. B. The SUBRECIPIENT is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; sectarian or religious activities, lob- bying, political patronage or nepotism activities. C. The SUBRECIPIENT agrees that none of the fluids or services provided directly or indirectly under this Agreement shall be used for any partisan political activity or to fiarther the election of defeat of any candidate for public office, or for publicity, lobbying and/or propaganda pur- poses designed to support or defeat pending legislation. Employees of the SUBRECIPIENT connected with any activity that is funded in whole or in part by funds provided to SUBRECI- PIENT under this Agreement may not under the term of this Agreement: 1. use their official position or influence to affect the outcome of an election or nomination. 2. solicit contributions for political purposes; or 3. take an active part in political management or in political campaigns. SUBRECIPIENT hereby agrees to sign a Certification Regarding Lobbying included herein as At- tachment "F" and if necessary, the Disclosure of Lobbying Activities provided by the CITY. 22. PUBLICITY A. Where such action is appropriate, SUBRECIPIENT shall publicize the activities conducted by SU13RECIPIENT under this Agreement. In any news release, sign, brochure, or other advertis- ing medium, disseminating information prepared or distributed by or for SUBRECIPIENT, the advertising medium shall state that the U.S. Department of Housing and Urban Development's Community Development Block Grant Program funding through the City of Denton has made the project possible. B. All published material and written reports submitted under this project must be originally de- veloped material unless otherwise specifically provided in this Agreement. When material not originally developed is included in a report, the report shall identify the source in the body of the report or by footnote. This provision is applicable when the material is in a verbatim or ex- tensive paraphrase format. All published material submitted under this project shall include the following reference on the front cover or title page: Page 13 of 26 This document is prepared in accordance with the City of Denton's Community Development Block Grant Program, with funding received from the United States Department of Housing and Urban Development. C. All reports, documents, studies, charts, schedules, or other appended documentation to any proposal, content of basic proposal, or contracts and any responses, inquiries, correspondence and related material submitted by SUBRECIPIENT shall become the property of CITY upon receipt. 23. CHANGES AND AMENDMENTS 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 pro- vide that another method shall be used. B. SUBRECIPIENT may not make transfers between or among approved line items within budget categories set forth in Attachment B without prior written approval of CITY. SUBRECIPIENT shall request, in writing, the budget revision in a form prescribed by CITY, and such request for revision shall not increase the total monetary obligation of CITY under this Agreement. In ad- dition, budget revisions cannot significantly change the nature, intent, or scope of the program funded under this Agreement. C. SUBRECIPIENT will submit revised budget and program information, whenever the level of funding for SUBRECIPIENT or the program(s) described herein is altered according to the to- tal levels contained in any portion of Attachment B. D. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modifi- cations are to be automatically incorporated into this Agreement without written amendment hereto, and shall become a part of the Agreement on the effective date specified by the law or regulation. E. CITY may, from time to time during the term of the Agreement, request changes in Attachment A, which may include an increase or decreased in the amount of SUBRECIPIENT's compensa- tion. Such changes shall be incorporated in a written amendment hereto, as provided in Subsec- tion A of this Section. F. Any alterations, deletion, or additions to the Contract Budget Detail incorporated in Attachment B shall require the prior written approval of CITY. G. SUBRECIPIENT agrees to notify CITY of any proposed change in physical location for work performed under this Agreement at least 30 calendar days in advance of the change. H. SUBRECIPIENT shall notify CITY of any changes in personnel or governing board composi- tion. Page 14 of 26 I. It is expressly understood that neither the performance of Attachment A for any program con- tracted hereunder nor the transfer of funds between or among said programs will be permitted. 24. SUSPENSION OF FUNDING. Upon determination by CITY of SUBRECIPIENT's failure to timely and properly perform each of the requirements, time conditions and duties provided herein, CITY, without limiting any rights it may otherwise have, may, at its discretion, and upon ten working days written notice to SUB- RECIPIENT, withhold further payments to SUBRECIPIENT. Such notice may be given by mail to the Executive Officer and the Board of Directors of SUBRECIPIENT. The notice shall set forth the default or failure alleged, and the action required for cure. The period of such suspension shall be of such duration as is appropriate to accomplish correc- tive action, but in no event shall it exceed 30 calendar days. At the end of the suspension period, if CITY determines the default or deficiency has been satisfied, SUBRECIPIENT may be restored to full compliance status and paid all eligible funds withheld or impounded during the suspension period. If however, CITY determines that SUBRECIPIENT has not come into compliance, the provisions of Section 26 may be effectuated. 25. TERNUNATION A. CITY may terminate this Agreement for cause under any of the following reasons or for other reasons not specifically enumerated in this paragraph: (1) SUBRECIPIENT's failure to attain compliance during any prescribed period of suspension as provided in Section 24. (2) SUBRECIPIENT's failure to materially comply with any of the terms of this Agreement. (3) SUBRECIPIENT's violation of covenants, agreements or guarantees of this Agreement. (4) Termination or reduction of funding by the United States Department of Housing and Ur- ban Development. (5) Finding by CITY that SUBRECIPIENT: (a) is in such unsatisfactory financial condition as to endanger performance under this Agreement; (b) has allocated inventory to this Agreement substantially exceeding reasonable re- quirements; (c) is delinquent in payment of taxes, or of costs of performance of this Agreement in the ordinary course of business. Page 15 of 26 (6) Appointment of a trustee, receiver or liquidator for all or substantial part of SUBRECI- PIENT's property, or institution of bankruptcy, reorganization, rearrangement of or liquida- tion proceedings by or against SUBRECIPIENT. (7) SUBRECIPIENT's inability to conform to changes required by Federal, State and local laws or regulations as provided in Section 4, and Section 2 of this Agreement. (8) The commission of an act of bankruptcy. (9) SUBRECIPIENT's violation of any law or regulation to which SUBRECIPIENT is bound or shall be bound under the terms of the Agreement. CITY shall promptly notify SUBRECIPIENT in writing of the decision to terminate and the ef- fective date of termination. Simultaneous notice of pending termination maybe made to other funding source specified in Attachment B. B. CITY may terminate this Agreement for convenience at any time. If CITY terminates this Agreement for convenience, SUBRECIPIENT will be paid an amount not to exceed the total of accrued expenditures as of the effective date of termination. In no event will this compensation exceed an amount which bears the same ratio to the total compensation as the services actually performed bears to the total services of SUBRECIPIENT covered by the Agreement, less pay- ments previously made. C. SUBRECIPIENT may terminate this Agreement in whole or in part by written notice to CITY, if a termination of outside funding occurs upon which SUBRECIPIENT depends for perfor- mance hereunder. SUBRECIPIENT may opt, within the limitations of this Agreement, to seek an alternative funding source, with the approval of CITY, provided the termination by the out- side funding source was not occasioned by a breach of contract as defined herein or as defined in a contract between SUBRECIPIENT and the funding source in question. SUBRECIPIENT may terminate this Agreement upon the dissolution of SUBRECIPIENT's organization not occasioned by a breach of this Agreement. D. Upon receipt of notice to terminate, SUBRECIPIENT shall cancel, withdraw or otherwise ter- minate any outstanding orders or subcontracts, which relate to the performance of this Agree- ment. CITY shall not be liable to SUBRECIPIENT or SUBRECIPIENT's creditors for any ex- penses, encumbrances or obligations whatsoever incurred after the termination date listed on the notice to terminate referred to in this paragraph. E. Notwithstanding any exercise by CITY of its right of suspension or termination, SUBRECI- PIENT shall not be relieved of liability to CITY for damages sustained by CITY by virtue of any breach of the Agreement by SUBRECIPIENT, and CITY may withhold any reimburse- ment to SUBRECIPIENT until such time as the exact amount of damages due to CITY from SUBRECIPIENT is agreed upon or otherwise determined. Page 16 of 26 26. NOTIFICATION OF ACTION BROUGHT In the event that any claim, demand, suit or other action is made or brought by any person(s), firm, corporation or other entity against SUBRECIPIENT, SUBRECIPIENT shall give written notice thereof to CITY within two working days after being notified of such claim, demand, suit or other ac- tion. Such notice shall state the date and hour of notification of any such claim, demand, suit or other action; the names and addresses of the person(s), firm, corporation or other entity making such claim, or that instituted or threatened to institute any type of action or proceeding; the basis of such claim, action or proceeding; and the name of any person(s) against whom such claim is being made or threat- ened. Such written notice shall be delivered either personally or by mail. 7. INDEMNIFICATION A. It is expressly understood and agreed by both parties hereto that CITY is contracting with SUBRECIPIENT as an independent SUBRECIPIENT and that as such, SUBRECI- PIENT shall save and hold CITY, its officers, agents and employees harmless from all lia- bility of any nature or kind, including costs and expenses for, or on account of, any claims, audit exceptions, demands, suits or damages of any character whatsoever result- ing in whole or in part from the performance or omission of any employee, agent or rep- resentative of SUBRECIPIENT. B. SUBRECIPIENT agrees to provide the defense for, and to indemnify and hold harmless CITY its agents, employees, or SUBRECIPIENTs from any and all claims, snits, causes of action, demands, damages, losses, attorney fees, expenses, and liability arising out of the use of these contracted funds and program administration and implementation except to the extent caused by the willful act or omission of CITY, its agents, employees, or SUB- RECIPIENTS. 28. NON-RELIGIOUS ACTIVITIES The SUBRECIPIENT will provide all services under this Agreement in a manner that is exclusively non-religious in nature and scope. There shall be no religious services, proselytizing, instruction or any other religious preference, influence or discrimination in connection with providing the services hereunder. 29. MISCELLANEOUS A. SUBRECIPIENT 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 institution without the prior written approval of CITY. B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto. Page 17 of 26 C. In no event shall any payment to SUBRECIPIENT hereunder, or any other act or failure of CITY to insist in any one or more instances upon the terms and conditions of this Agreement constitute or be construed in any way to be a waiver by CITY of any breach of covenant or de- fault which may then or subsequently be committed by SUBRECIPIENT. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or re- medy available to CITY to enforce its rights hereunder, which rights, powers, privileges, or re- medies are always specifically preserved. No representative or agent of CITY may waive the effect of this provision. D. This Agreement, together with referenced attachments, constitutes the entire agreement be- tween the parties hereto, and any prior agreement, assertion, statement, understanding or other commitment antecedent to this Agreement, whether written or oral, shall have no force or effect whatsoever; nor shall an agreement, assertion, statement, understanding, or other commitment occurring during the term of this Agreement, or subsequent thereto, have any legal force or ef- fect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Agreement. E. In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpretation or meaning of any part of this Agreement or its governing rules; codes, laws, ordinances or regulations, CITY as the party ultimately responsible to HUD for matters of compliance, will have the final authority to render or to secure an interpretation. F. For purposes of this Agreement, all official communications and notices among the parties shall be deemed made if sent postage paid to the parties and address set forth below: TO CITY: TO SUBRECIPIENT: City Manager Executive Director City of Denton Fred Moore Day Nursery School 215 E. McKinney 821 Cross Timber St. Denton, Texas 76201 Denton Texas 76205 G. This Agreement shall be interpreted in accordance with the laws of the State of Texas and ve- nue of any litigation concerning this Agreement shall be in a court competent jurisdiction sit- ting in Denton County, Texas. IN WITNESS OF WHICH this Agreement has been executed on this the day of 2010. CITY OF DENTON BY: GEORGE C. CAMPBELL CITY MANAGER Page 18 of 26 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: FRED MOORE DAY NURSERY SCHOOL BY: JA ADAMSON P IDENT, BOARD OF DIRECTORS ATTEAALONZO BY: TERSON EXECUTIVE DIRECTOR Page 19 of 26 ATTACHMENT "A" SCOPE OF SERVICES Descri lion of Rehabilitation Tm rovements Rehabilitation project will consist of various improvements to the day care facility. Improvements will include but not be limited to: roof repairs, HVAC replacement, exterior window replacement, door repairs and entry reframing, electrical and plumbing improvements. See budget below for information on rehabilitation costs. Work Statement Fred Moore Da Nurse School In order to complete the agreed upon activity SUBRECIEP ENT shall provide the following services from the improved facility: Fred Moore Day Nursery School is a nonprofit childcare facility for low to moderate-income fami- lies. FMDNS will serve a minimum of 62 children ranging in age from six (6) weeks through five (5) years of age. Parents must be working, going to school full time or doing a combination of both to be eligible. In addition, parents will be required to volunteer at the childcare center. FMDNS will be open Monday through Friday from 6:30 am to 6:00 p.m. FMDNS will provide the services listed below and meet all stated requirements: • Provision of a safe, healthy environment that will meet the development needs of each child. Activities will be designed for each age group to meet the individual and group needs. The curriculum will include education, emphasizing learning skills, creative arts, motor skills, physical development, speech development, personal hygiene and manners. • Provision of breakfast, lunch and an afternoon snack for each child. All meals will meet the USDA and Texas Department of Human Services Special Nutrition food requirements for children in childcare. • Remain open for service from 6:30 am to 6:00 pm. • Be licensed by the TX Department of Protective and Regulatory Services. • Meet or exceed the TX Department of Human Services minimum standards for Day Care Centers. • Must be a North Central Texas Childcare Services designated vendor. Page 20 ATTACI-I?VIENT "B" BUDGET Improvement Cost Roof Repairs $54,050.00 HVAC R lacement $29,350.00 Replacement of Exterior Windows $15,000.00 Electrical Repairs $5,000.00 Plumbing R airs $6,500.00 Interior/Exterior Door Replacement $6,000.00 Interior Security Vestibule $4,500.00 TOTAL $120,400.00 Please note: Prior to the start of construction, Fred Moore Day Nursery School, shall provide the Community Development Division with a total project budget, documentation of all fimding sources and commitments (if other funding sources are included in the project), and a project plan- ning/construction schedule. Page 21 ATTACHMENT "C" 24 CFR § 570.505 The standards described in this section apply to real property within the recipient's control which was acquired or improved in whole or in part using CDBG funds in excess of $25,000. These standards shall apply from the date CDBG funds are first spent for the property until five years after closeout of an entitlement recipient's participation in the entitlement CDBG program or, with respect to other recipients, until five years after the closeout of the grant from which the assistance to the property was provided. (a) A recipient may not change the use or planned use of any such property (including the beneficiaries of such use) from that for which the acquisition or improvement was made unless the recipient provides affected citizens with reasonable notice of, and opportunity to comment on, any proposed change, and either: (1) The new use of such property qualifies as meeting one of the national objectives in Section 570.208 and is not a building for the general conduct of government; or (2) The requirements in paragraph (b) of this section are met. (b) If the recipient determines, after consultation with affected citizens, that it is appropriate to change the use of the property to a use which does not qualify under paragraph (a)(1) of this section, it may retain or dispose of the property for the changed use if the recipient's CDBG program is reimbursed in the amount of the current fair market value of the property, less any portion of the value attributable to expenditures of non- CDBG funds for acquisition of, and improvements to, the property. (c) If the change of use occurs after closeout, the provisions governing income from the disposition of the real property in Section 570.504(b) (4) or (5), as applicable, shall apply to the use of funds reimbursed. (d) Following the reimbursement of the CDBG program in accordance with paragraph (b) of this section, the property no longer will be subject to any CDBG requirements. Page 22 ATTACHMENT "D" 24 CFR § 570.503 (a) Before disbursing any CDBG funds to a subrecipient, the recipient shall sign a written agreement with the subrecipient. The agreement shall remain in effect during any period that the subrecipient has control over CDBG funds, including program income. (b) At a minimum, the written agreement with the subrecipient shall include provisions concerning the following items: (1) Statement of Work. The agreement shall include a description of the work to be performed, a schedule for completing the work, and a budget. These items shall be in sufficient detail to provide a sound basis for the recipient effectively to monitor performance under the agreement. (2) Records and Reports. The recipient shall specify in the agreement the particular records the subrecipient must maintain and the particular reports the subrecipient must submit in order to assist the recipient in meeting its recordkeeping and reporting requirements. (3) Program Income. The agreement shall include the program income requirements set forth in Section 570.504(c). (4) Uniform Administrative Re uirements. The agreement shall require the subrecipient to comply with applicable uniform administrative requirements, as described in Section 570.502. (5) Other Program Requirements. The agreement shall require the subrecipient to carry out each activity in compliance with all Federal laws and regulations described in subpart K of these regulations, except that: (i) The subrecipient does not assume the recipient's environmental responsibilities described at Section 570. 604; and (ii) The subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. (6) Conditions for Religious ganizations. Where applicable, the conditions prescribed by HUB for the use of CDBG funds by religious organizations shall be included in the agreement. (7) Suspension and Termination. The agreement shall specify that, in accordance with 24 CFR 85.43, suspension or termination may occur if the subrecipient materially fails to comply with any term of the award, and that the award may be terminated for convenience in accordance with 24 CFR 85.44. Page 23 (8) Reversion of Assets. The agreement shall specify that upon its expiration the subrecipient shall transfer to the recipient any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. It shall also include provisions to the use of CDBG funds. It shall also include provisions designed to ensure that any real property under the subrecipient's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 is either: (i) Used to meet one of the national objectives in Section 570.208 until five years after expiration of the agreement, or for such longer period of time as determined to be appropriate by the recipient; or (ii) Disposed of in a manner that results in the recipient's being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. (Reimbursement is not required after the period of time specified in paragraph (b) (8) (1) of this section.) I Page 24 A'fTACI-INffiNT "E" 24 CFR § 570.504 (a) Recording Prop-ram Income. The receipt and expenditure of program income as defined in Section 570.500(a) shall be recorded as part of the financial transactions of the grant program. (b) Disposition of Program Income Received b Reci Tents. (1) Program income received before grant closeout may be retained by the recipient if the income is treated as additional CDBG funds subject to all applicable requirements governing the use of CDBG funds. (2) If the recipient chooses to retain program income, that income shall affect withdrawals of grant funds from the U.S. Treasury as follows: W Program income in the form of repayments to, or interest earned on, a revolving fund as defined in Section 570.500(b) shall be substantially disbursed from the fund before additional cash withdrawals are made from the U.S. Treasury for the same activity. (This rule does not prevent a lump sum disbursement to finance the rehabilitation of privately owned properties as provided for in Section 570.513.) (ii) Substantially all other program income shall be disbursed for eligible activities before additional cash withdrawals are made from the U.S. Treasury. i (3) Program income on hand at the time of closeout shall continue to be subject to the eligibility requirements in Subpart C and all other applicable provisions of this part until it is expended. (4) Unless otherwise provided in any grant closeout agreement, and subject to the requirements of paragraph (b) (5) of this section, income received after closeout shall not be governed by the provisions of this part, except that, if at the time of closeout the recipient has another ongoing CDBG grant received directly from HUD, fluids received after closeout shall be treated as program income of the ongoing grant program. (5) If the recipient does not have another ongoing grant received directly from HUD at the time of closeout, income received after closeout from the disposition of real property or from loans outstanding at the time of closeout shall not be governed by the provisions of this part, except that such income shall be used for activities that meet one of the national objectives in Section 570.208 and the eligibility requirements described in Section 105 of the Act. Page 25 ATTACH1%,4ENT "F" Certification Regarding Lobbying The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid by or on behalf of the un- dersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an em- ployee of a Member of Congress in connection with the awarding of any Federal con- tract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,. renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-ILL, "Disclosure Form to Re- port Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this Certification be included in the award documents for all subawards at all tiers (including subcontractors, subgrants and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of the certification is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31, US Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Alonzo Peter Fred Moore Day Nursery School Grantee Executive Director Signature Title 97,3 ld Date: Page 26 AGENDA INFORMATION SHEET AGENDA DATE: October 5, 2010 DEPARTMENT: Community Development ACM: Fred Greene SUBJECT Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a funding agreement between the City of Denton and the Denton Affordable Housing Corporation; providing for the terms of said contract; authorizing the City Manager to execute the agreement and to expend Home Investment Partnership Program funds with respect to the agreement; and providing for an effective date. BACKGROUND The Denton Affordable Housing Corporation (DAHC) is a State and locally-certified Community Housing Development Organization (CHDO). Home Investment Partnership Program (HOME) requirements state that 15% of a participating jurisdiction's funding must be allocated to CHDO-administered programs. On an annual basis, the City of Denton allocates a minimum of 15% of the City's HOME allocation to DAHC for various affordable housing programs. This year's HOME allocation of $87,386 will provide DAHC with funding for rehabilitation of affordable rental units housing low and moderate-income households. All rental rehabilitation projects will be reviewed prior to the constriction start date. It will be required that all units be brought up to local building codes. HOME funds will be reimbursed to DAHC as projects are completed and appropriate documentation received by Community Development. This agreement also consolidates prior year funding balances, including funds from 2006, 2007 and 2008. Prior year funding will be used for rehabilitation of rental housing and to support DAHC's Affordable Housing Opportunity Program (AHOP). Under AHOP, DAHC will purchase an existing housing unit, renovate the unit and then sell it to an eligible new homebuyer. Also, $20,000 in 2007 year funds will be used for operating costs. ESTIMATED PROJECT SCHEDULE The Schedule of Contract Activities/Expenditures included in the funding agreement states that all funds are to be expended by December 2011. PRIOR ACTION/REVIEW (Councils, Boards, Commissions) The Community Development Advisory Committee recommended approval of funding for the improvement of DAHC's affordable rental housing. Funding for the program was included in the City's 2010 Action Plan for Housing and Comnninity Development. City Council approved the Action Plan on May 4, 2010. Agenda Information Sheet October 5, 2010 Page 2 FISCAL INFORMATION Funding for the proposed project will be from the City's 2010-2011 HOME allocation from the U. S. Department of Housing and Urban Development. City staff costs for program monitoring are paid primarily from the HOME and Community Development Block Grant (CDBG) programs. The CD Administrator position is funded through the General Fund. EXHIBITS 1. Ordinance 2. Funding Agreement Respectfully submitted: Mark Cunningham Director of Planning & Development Prepared by: Barbara Ross Community Development Administrator s: legal our documentsordinances 10dahc 2010 ordinance.doc EXHIBIT 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS APPROVING A FUNDING AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON AFFORDABLE HOUSING CORPORATION; PROVIDING FOR THE TERMS OF SAID CONTRACT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND TO EXPEND HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS WITH RESPECT TO THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received funds from the U.S. Department of Housing and Urban Development under the National Affordable Housing Act of 1990 as amended by the Housing and Community Development Act of 1992; and WHEREAS, the City has adopted a budget for such funds included therein an authorized program budget for expenditure of funds, for operating costs and project funding for the Denton Affordable Housing Corporation ("DAHC"); and WHEREAS, the City Manager has determined that the DAHC is the only state and locally-certified community housing development organization ("CHDO") that includes the required number of low income citizens from the City on its board of directors necessary to satisfy federal requirements to serve the City's geographical area and that DAHC has provided management services to the City to provide affordable housing within the City which as significantly benefited the community; and WHEREAS, DAHC has a demonstrated history of significant service to the community in the area of affordable housing; and WHEREAS, this Agreement, therefore, qualifies as a sole source procurement in accordance with §252.022(7)(f) of the TEX. LOC. GOVT CODE and does not need to be competitively bid; and WHEREAS, DAHC is a neighborhood-based non-profit organization and this Agreement is also authorized by §373.005 of the TEX. LOC. GOVT CODE to meet the needs and objectives of the City's Consolidated Plan for Housing & Community Development; and WHEREAS, the City Council deems it in the public interest to enter into an agreement for an affordable housing program with the DAHC; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council hereby approves the attached Agreement between the City and the DAHC to provide for a rental housing improvement program and an affordable housing opportunity program in accordance with the terms of this Agreement, which Agreement s: legal our documentsordinances 10dahc 2010 ordinance.doc is made a part of this ordinance for all purposes, and authorizes the City Manager to execute this Agreement. SECTION 2. The City Council authorizes the expenditure of funds for operating costs and project funding for the DAHC in accordance with the terms of the attached Agreement. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 12010. MARK BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: EXHIBIT 2 AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON AFFORDABLE HOUSING CORPORATION This Agreement between the City of Denton and the Denton Affordable Housing Corporation ("Agreement") is made and entered into by and between the City of Denton; a Texas municipal corporation ("CITY"), acting by and through its City Manager, pursuant to ordinance, and the Denton Affordable Housing Corporation, Denton, Texas a certified non-profit community housing development corporation, ("CONTRACTOR"). WHEREAS, CITY has received funds from the U. S. Department of Housing and Urban Development under the National Affordable Housing Act of 1990 as amended by the Housing and Coniniunity Development Act of 1992, the Home Investment Partnership Program, CFDA number 14.239, WHEREAS, CITY has adopted a budget for such funds and included therein an authorized Program Budget for expenditure of funds for provision of an affordable housing program by the Denton Affordable Housing Corporation included as Attachment "B"; WHEREAS, CITY has designated the Community Development Division as the division responsible for the administration of this Agreement and all matters pertaining thereto; and WHEREAS, the City Manager has determined that CONTRACTOR is the only state- certified community housing development organization (CHDO) that includes the required number of low-income citizens from the CITY on its board of directors to satisfy federal requirements necessary to serve the CITY's geographical area; that the CONTRACTOR has provided management services to the CITY to promote affordable housing within the CITY which has significantly benefited the community; and CONTRACTOR has a demonstrated history of significant service to the community in the area of affordable housing; and WHEREAS, CITY wishes to engage CONTRACTOR to carry out such project; NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound to the mutual obligations and to the performance and accomplishment of the conditions hereinafter described. 1. TERM This Agreement shall commence on or as of October 1, 2010, and shall terminate on December 31, 2012, unless adjusted by the CITY. Request for an adjustment must be in writing and is to be submitted to the Community Development Division. 2. RESPONSIBILITIES A. CONTRACTOR hereby accepts the responsibility for the performance of all services and activities, described in the Work Statement attached hereto as Attachment "A" and incorporated herein as if set forth at length, in accordance with the Program Budget attached hereto as Attachment "B" and the Schedule of Contract Activities attached hereto as Attachment "C" and incorporated herein as if set forth at length, and as otherwise set forth herein, in a satisfactory and efficient manner as determined by CITY, in accordance with the terms herein. B. CONTRACTOR's executive director shall be CONTRACTOR's representative responsible for the management of all contractual matters pertaining hereto, unless written notifica- tion to the contrary is received from CONTRACTOR, and approved by CITY. C. CONTRACTOR agrees that all individual projectsiunits under the Rental Housing Improvement Program described in Attachment "A" to be assisted with HOME funds will have prior approval from the CITY of Denton. D. The CITY's Community Development Administrator will be CITY's representative responsible for the administration of this Agreement. E. CONTRACTOR shall be certified as a "Community Housing Development Organization" (CHDO) with the State of Texas and the City of Denton. CONTRACTOR shall maintain CHDO Certification for the duration of the contract term. F. CONTRACTOR shall not request disbursement of funds until they are needed for payment of eligible costs. The amount of each request will be limited to the amount needed as per 92.504 (c)(3)(viii). G. CONTRACTOR shall not change the Program Budget without prior written approval from the CITY. H. CITY shall be responsible for performing a general environmental review to insure necessary compliances are met. 1. CONTRACTOR shall be responsible for performing a site-specific environmental review prior to acquisition of properties to be used for affordable housing projects and prior to the completion of any rehabilitation work on selected rental units. The site-specific review must be submitted to the Community Development Division prior to final project approval. J. CONTRACTOR shall conduct a public hearing at least once annually to review proposed and in-progress activities and receive citizen input. Hearing(s) will be advertised at least 15 days in advance. Advertising, at a minimum, must include publication in a newspaper with local circulation. The hearing may be combined with CONTRACTOR's annual membership meeting. A summary of comments from the public hearing will be submitted to the Community Development Division within 30 days of the date of the public hearing. i K. CONTRACTOR shall provide timely notice to "neighborhood" residents prior to Page 2 of 14 increasing the number of units in the area by more than two single family or four multifamily units, or prior to renovating more than five units. Notice will include contact information or identification of opportunities for residents to comment on the proposed development. CITY staff will determine "neighborhood" boundaries. 3. CITY'S & CONTRACTOR'S OBLIGATIONS A. CITY shall provide funds in the amount of $353,070 or less, in Horne Investment Partnership (HOME) Program funds to the CONTRACTOR for specific housing projects, programs and operating costs as described the Work Statement, Attachment "A". This amount includes all funding balances fiom prior year allocations. B. CONTRACTOR may request a maximum of $30,000 in funds per rental unit and a maximum of $40,000 per Affordable Housing Opportunity Program (AHOP) unit. Additional project costs may be paid with program proceeds and funds from other sources. C. CONTRACTOR agrees to hold and save harmless the CI'T'Y, its officers and employees from any and all loss, cost, or damage of every kind [including, property damage, bodily injury or death], nature or description arising under this Agreement. D. This Agreement and the payments made hereunder are contingent upon receipt of U.S. Department of Housing and Urban Development funds pursuant to the HOME Investment Partnership Program, and shall terminate immediately, not withstanding the provisions of Article X1X hereof, should such funds be discontinued for any reason. E. The CONTRACTOR may not request disbursement of funds until they are needed for payment of eligible costs. The amount of each request by the CONTRACTOR shall be limited to the amount needed in accordance with 24 CFR 92.504 (c)(3)(viii) and shall involve the activities set forth in the "Contract Activity Schedule" attached as Attachment C. F. CONTRACTOR may not request reimbursement for expenditures that occurred more than ninety (90) days prior to the submission of the reimbursement request to the Community Development Division. G. Upon dissolution of the CONTRACTOR any remaining funds or assets derived fiom the expenditure of the CITY's funds, hereinafter sometimes described as the CITY's HOME funds, proceeds or HOME-funded projects, must be immediately returned to the CITY. 4. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS A. The CITY and CONTRACTOR agree to perform their duties arising pursuant to the Agreement in compliance with the U.S. Department of Housing and Urban Development HOME Investment Partnership Program regulations at 24 CFR 92. B. CONTRACTOR shall comply with all prescribed procedures regarding nondiscrimination and equal opportunity, affirmative marketing, displacement and relocation, labor Page 3 of 14 relations, lead-based paint and conflict of interest provisions described in 24 CFR 92 subpart H and 24 CFR 92.504. C. CONTRACTOR agrees to ensure that all HOME-assisted housing or housing identified as match for the HOME program meet all affordability requirements identified in 24 CFR 92.252 and 92.254, as applicable. If the housing does not meet the identified affordability requirements for the specified time period the CONTRACTOR will reimburse all HOME funds utilized on the project to the CITY. To secure each homeownership unit for the required affordability period, the CONTRACTOR will set forth, in a written agreement with each homebuyer participant a recapture provision to be enforced in the event that the homebuyer vacates the unit for any reason. To secure each rental property, the City will place a lien or a land use restriction agreement on the property for the term of the affordability period. D. CONTRACTOR agrees that as a certified Community Housing Development Corporation, they will comply with 24 CFR 92.300 and 92.301. E. If it is determined that the use of the funding provided by the CITY does not meet the requirements of the U.S. Department of Housing and Urban Development HOME Investment Partnership Program, the CONTRACTOR shall reimburse the CITY for the costs determined to be disallowed under the U.S. Department of Housing and Urban Development HOME Investment Partnership Program regulations. F. CONTRACTOR agrees that all housing assisted under this agreement will meet the property standards requirements in 24 CFR 92.251 and lead-based paint standards in 24 CFR 92.355. G. CONTRACTOR agrees to comply with displacement and relocation requirements at 24 CFR 92.504 and 92.353. H. CONTRACTOR agrees to comply with procurement requirements at 24 CFR 84.44; 84.45; 84.46; 84.47 and 84.48. i 1. CONTRACTOR certifies that it is not currently listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with Executive Orders 12549 and 12689 and will not enter into agreements to expend Federal funds with contractors that are currently listed. J. CONTRACTOR agrees to comply with all applicable Federal laws, laws of the State of Texas and ordinances of the City of Denton. 5. REPRESENTATIONS A. The CITY is providing funding to the CONTRACTOR in order to promote the development of affordable housing. Use of funds for programming will meet this stated goal. B. The CITY is the only agent authorized to designate changes to the Program Budget or to approve specific projects and programs authorized pursuant to the non-administration portion Page 4 of 14 of the Program Budget. C. CONTRACTOR assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Agreement. D. The person or persons signing and executing this Agreement on behalf of CONTRACTOR, do hereby warrant and guarantee that he, she, or they have been fully authorized by CONTRACTOR to execute this Agreement on behalf of CONTRACTOR and to validly and legally bind CONTRACTOR to all terms, performances and provisions herein set forth. E. CITY shall have the right, at its option, to either temporarily suspend or permanently terminate this Agreement if there is a dispute as to the legal authority of either CONTRACTOR or the person signing the Agreement to enter into this Agreement. CONTRACTOR is liable to CITY for any money it has received from CITY for performance of the provisions of this Agreement if CITY has suspended or terminated this Agreement for the reasons enumerated in this Section. F. CONTRACTOR agrees that the funds and resources provided CONTRACTOR under the terms of this Agreement will in no way be substituted for funds and resources from other sources, nor in any way serve to reduce the resources, services, or other benefits which would have been available to, or provided through, CONTRACTOR had this Agreement not been executed. 6. PROGRAM PROCEEDS A. HOME program proceeds are defined as income from the sale of HOME-assisted housing. Proceeds may be retained by the CONTRACTOR for use on HOME-eligible activities or other activities benefitting low-income families such as emergency repairs, project operating costs and reserves, housing refinancing costs, CHDO operating expenses and homebuyer counseling. Program proceeds may be retained by the CONTRACTOR to be used for HOME-eligible activities included in the Work Statement included herein as Attachment "A." Provided, however, that any interest on deposited HOME funds must be remitted to the CITY on a quarterly basis. B. After use of proceeds by CONTRACTOR on HOME-eligible or other activities benefitting low-income families, there are no further HOME requirements which must be met. Funds generated from the use of proceeds are not considered proceeds and may be used by the CONTRACTOR at their discretion for various programs and activities. 7. MAINTENANCE OF RECORDS A. CON'T'RACTOR agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of the funds received pursuant to this Agreement and pursuant to any other applicable Federal and/or State regulations establishing standards for financial management. CONTRACTOR's record system shall contain sufficient documentation to provide detailed support and justification for each expenditure. Nothing in this Section shall be construed to relieve CONTRACTOR of fiscal accountability and liability under any other provision of this Agreement or any applicable law. CONTRACTOR shall include the substance of this provision in Page 5 of 14 all subcontracts. B. CONTRACTOR agrees to retain all books, records, documents, reports, and written accounting policies and procedures pertaining to the operation of programs and expenditures of funds pursuant to this Agreement for the period of time and under the conditions specified by CITY. C. CONTRACTOR shall submit a copy of each annual independent audit or any organizational audit conducted, to the Community Development Division within 30 days of the date of completion. D. Nothing in the above subsections shall be construed to relieve CONTRACTOR of responsibility for retaining accurate and current records, which clearly reflect the level and benefit of services, provided pursuant to this Agreement. E. At any reasonable time and as often as CITY may deem necessary, the CONTRACTOR shall make available to CITY, or any of its authorized representatives, all of its records and shall permit CITY, or any of its authorized representatives to audit, examine, make excerpts and copies of such records, and to conduct audits of all contracts, invoices, materials, payrolls, records of personnel, conditions or employment and all other data relating to the program requested by said representatives. F. The CONTRACTOR shall give the City of Denton, the U.S. Department of Housing and Urban Development, or any of their duly authorized representatives, access to and the right to examine all books, accounts, records, reports, files and other papers belonging to or in use by the CONTRACTOR pertaining to this Agreement. Such rights to access shall continue as long as the CONTRACTOR is required to retain the records. 8. REPORTS AND INFORMATION A. CONTRACTOR shall provide financial and beneficiary reports that shall contain such records, data and information as CITY may request and deem pertinent to matters covered by this Agreement. Reports shall be due to the Community Development Division within 15 days of the end of the reporting period. CONTRACTOR shall provide any additional information as requested by the CITY within 10 days. B. CONTRACTOR shall submit copies of all public meeting advertisements and residents notifications setting forth the time and place thereof, including, without limitation, board of director's meetings, to the Community Development Division office at least 72 hours prior to the meeting in accordance with Section 16 of this Agreement. 9. INSURANCE A. CONTRACTOR shall observe sound business practices with respect to providing such bonding and insurance as would provide adequate coverage for services offered under this Agreement. Page 6 of 14 B. The premises on and in which the activities described in Exhibit A are conducted, and the employees conducting these activities, shall be covered by premise liability insurance, com- monly referred to as "Owner/Tenant" coverage with CITY named as an additional insured. Upon request of CONTRACTOR, CITY may, at its sole discretion, approve alternate insurance coverage arrangements. C. CONTRACTOR will comply with applicable workers' compensation statutes and will obtain employers' liability coverage where available and other appropriate liability coverage for program participants, if applicable. D. CONTRACTOR will maintain adequate and continuous liability insurance on all vehicles owned, leased or operated by CONTRACTOR. All employees of CONTRACTOR who are required to drive a vehicle in the normal scope and course of their employment must possess a valid Texas driver's license and automobile liability insurance. Evidence of the employee's current possession of a valid license and insurance must be maintained on a current basis in CONTRACTOR's files. E. Actual losses not covered by insurance as required by this Section are not allowable costs under this Agreement, and remain the sole responsibility of CONTRACTOR. F. The policy or policies of insurance shall contain a clause which requires that CITY and CONTRACTOR be notified in writing of any cancellation or change in the policy at least thirty (30) days prior to such change or cancellation. 10. EQUAL OPPORTUNITY During the performance of this Agreement, the CONTRACTOR is subject to Executive Order 11246, as amended, and, therefore, agrees to the following: (1) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or familial status. The CONTRACTOR will take affirmative action to ensure that applicants who are employed are treated during employment without regard to their race, color, religion, sex, national origin, or familial status, concerning such employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or their apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to both employees and applicants for employment, notices to be provided by the CITY setting forth provisions of this nondiscrimination clause. (2) The CONTRACTOR, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, or familial status. Page 7 of 14 11. CONFLICT OF INTEREST A. CONTRACTOR agrees to comply with the federal regulations at 24 CFR 92.356. B. CONTRACTOR covenants that neither it nor any member 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. CONTRACTOR further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body. C. CONTRACTOR further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use this position for a purpose that is or gives the appearance of being motivated by desire for private gain for themselves, or others, particularly those with which they have family, business, or other ties. D. No officer, member, or employee of CITY and no member of its governing body who exercises any function or responsibilities in the review or approval of the 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 indirect interest. 12. POLITICAL OR SECTARIAN ACTIVITY A. None of the performance rendered hereunder shall involve any political activity (including, but not limited to, any activity to further the election or defeat of any candidate for public office) or any activity undertaken to influence the passage, defeat or final content of legislation. B. None of the performance rendered hereunder shall involve or benefit in any, manner any sectarian or religious activity. 13. WARRANTIES CONTRACTOR represents and warrants that: A. All information, reports and data heretofore or hereafter requested by CITY and furnished to CITY, are complete and accurate as of the date shown on the information, data, or 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 condition of CONTRACTOR on the date shown on said report, and the results of the operation for the period covered by the report, and that since said date, there has been no material change, adverse or otherwise, in the financial condition of CONTRACTOR. Page 8 of 14 C. No litigation or legal proceedings are presently pending or threatened against CONTRACTOR, D. None of the provisions herein contravenes or is in conflict with the authority under which CONTRACTOR is doing business or with the provisions of any existing indenture or agreement of CONTRACTOR. E. CONTRACTOR has the power to enter into this Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement. F. None of the assets of CONTRACTOR is subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements fumished by CONTRACTOR to CITY. G. Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment. 14. COVENANTS A. During the period of time that payment may be made hereunder and so long as any payments remain unliquidated, CONTRACTOR shall not, without the prior written consent of the Community Development Administrator or her authorized representative: (1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the assets of CONTRACTOR now owned or hereafter acquired by it, or permit any pre-existing mortgages, liens, or other encumbrances to remain on, or attached to, any assets of CONTRACTOR which are allocated to the performance of this Agreement and with respect to which CITY has ownership hereunder, (2) Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes or claims for money due or to become due. (3) Sell, convey, or lease all or substantial part of its assets. (4) Make any advance or loan to, or incur any liability for any other firm, person, entity or corporation as guarantor, surety, or accommodation endorser. (5) Sell, donate, loan or transfer any equipment or item of personal property purchased with funds paid to CONTRACTOR by CITY, unless CITY authorizes such transfer. B. CONTRACTOR agrees, upon written request by CITY, to require its employees to attend training sessions sponsored by the Community Development Division. Page 9 of 14 15. MONITORING AND EVALUATION A. CITY shall perform on-site monitoring of CONTRACTOR's performance under this Agreement. B. CONTRACTOR agrees that CITY may carry out monitoring and evaluation activities to ensure adherence by CONTRACTOR to the Work Statement, and Program Goals and Objectives, which are attached hereto as Attachment A, as well as other provisions of this Agreement. C. CONTRACTOR agrees to cooperate fully with CITY in the development, implementation and maintenance of record-keeping systems and to provide data determined by CITY to be necessary for CITY to effectively fulfill its monitoring and evaluation responsibilities. D. CONTRACTOR agrees to cooperate in such a way so as not to obstruct or delay CITY in such monitoring and to designate one of its staff members to coordinate the monitoring process as requested by CITY staff. E. CITY shall provide a written evaluation of contract performance to the CONTRACTOR within 30 days of the monitoring. Written notification will be provided to staff and the board of directors. F. Within 60 days of notification by the CITY, the CONTRACTOR shall provide complete responses include a statement acknowledging any corrective action required to be taken due to City of Denton monitoring findings and concerns. G. CONTRACTOR shall submit copies of any fiscal, management, or audit reports by any of CONTRACTOR's funding or regulatory bodies to CITY within fifteen (15) working days of receipt by CONTRACTOR. 16. DIRECTORS" MEETINGS A. During the terms of this Agreement, CONTRACTOR shall cause to be delivered to CITY copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to CITY in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. B. CONTRACTOR understands and agrees that CITY representatives shall be afforded access to all of the Board of Directors' meetings. C. Minutes of all meetings of CONTRACTOR's governing body shall be available to CITY within ten (10) working days of approval. Page 10 of 14 17. NEPOTISM CONTRACTOR shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by CONTRACTOR, or is a member of CONTRACTOWs governing board. The term "member of immediate family" includes: wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-patent, step-child, half-brother and half-sister. 18. SUSPENSION OF FUNDING A. Upon determination by CITY of CONTRACTORs failure to timely and properly perform each of the requirements, time conditions and duties provided herein, CITY, without limiting any rights it may otherwise have, may, at its discretion, and upon ten (10) working days written notice to CONTRACTOR, withhold further payments to CONTRACTOR, Such notice may be given by mail to the Executive Officer and the Board of Directors of CONTRACTOR. The notice shall set forth the default or failure alleged, and the action required for cure. B. The period of such suspension shall be of such duration as is appropriate to accomplish corrective action, but in no event shall it exceed thirty (30) calendar days. At the end of the suspension period, if CITY determines the default or deficiency has been satisfied, CONTRACTOR may be restored to full compliance status and paid all eligible funds withheld or impounded during the suspension period. If, however, CITY determines that CONTRACTOR has not come into compliance, this Agreement may be terminated tinder Section 19 of this Agreement. 19. TERMINATION A. The CITY shall have the right to terminate this Agreement, in whole or in part, at any time whenever the CITY determines that the CONTRACTOR has failed to comply with any terrn of this Agreement. The CITY shall notify the CONTRACTOR in writing thirty (30) days prior to the date of termination, the effective date of such termination, and in the case of partial termination, the portion of the Agreement to be terminated. Property shall be subject to disposition. B. The CITY shall have the right to terminate this Agreement for convenience, in whole or in part by written notification to the CONTRACTOR which shall include the reason for such termination, the effective date and the portion to be terminated. C. If, in the case of a partial termination, it is the determination of CITY that the remaining portion of the award is not sufficient to accomplish the project as described in the Work Statement, CITY may require that the entire grant be terminated. 20. INDEMNIFICATION A. It is expressly understood and agreed by both parties hereto that CITY is contracting with CONTRACTOR as an independent CONTRACTOR and that as such, Page 11 of 14 CONTRACTOR shall save and hold CITY, its officers, agents and employees harmless from all liability of any nature or land, including costs and expenses for, or on account of, any claims, audit exceptions, demands, suits or damages of any character whatsoever resulting in whole or in part from the performance or omission of any employee, agent or representative of CONTRACTOR. B. CONTRACTOR agrees to provide the defense for, and to indemnify and hold harmless CITY its agents, employees, or contractors from any and all claims, suits, causes of action, demands, damages, losses, attorneys fees, expenses, and liability arising out of the use of these contracted funds and program administration and implementation except to the extent caused by the willful act or omission of CITY, its agents, employees, or contractors. 21. NOTICE For purposes of this Agreement, all official communications and notices among the parties shall be deemed made as of the date mailed if sent postage paid to the parties and address set for below: TO CITY: TO CONTRACTOR: City Manager Director City of Denton Denton Affordable Housing Corporation 215 E. McKinney St. 610-C N Bell Avenue Denton, Texas 76201 Denton, Texas 76209 22. VENUE This Agreement shall be interpreted in accordance with the lams of the State of Texas and venue of any litigation concerning this Agreement shall be in a court of competent jurisdiction sitting in Denton County, Texas. 23. CONSOLIDATION AGREEMENT This Agreement consolidates and replaces all previous Agreements between CITY and CONTRACTOR and all Amendments to those Agreements except where otherwise expressed herein. Provided, however, that CONTRACTOR shall be required to maintain all affordability requirements on all HOME funded projects, shall frilly perform all continuing obligations required under these previous Agreements and applicable state, federal and local laws and shall continue to use all HOME proceeds from any CITY-funded projects since CONTRACTOR's inception for HOME-eligible activities as described in this Agreement and as may be required by law. Page 12 of 14 IN WITNESS OF WHICH this Agreement has been executed on this the clay of a 2010. CITY OF DENTON BY: GEORGE C. CAMPBELL ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY DENTON AFFORDABLE HOUSING CORPORATION 1 BY: 'L. i.2 BOARD PRESIDENT ATTEST: ~'~Lrz'm' A EXECUTIVE DI CTOR Page 13 of 14 ATTACMENT "A" WORK STATEMENT AND PERFORMANCE OUTCOME GOALS Denton Affordable Housing Corporation The Denton Affordable Housing Corporation ("DAHC") was developed to increase the supply of affordable housing in the Denton area. The organization is designed to carry out the following activities but is not limited to these; administration, rehabilitation, acquisition, new construction and public service programs. Expenditure of City funds for housing projects is limited to projects within the city limits of Denton. DAHC's projects and programs will primarily benefit low and moderate-income households. Low and moderate income is defined as households below 80% of the area median income. Under the Affordable Rental Unit Rehabilitation Program, DAHC will rehabilitate a minimum of eight units. The units may be two, three or four bedroom rental units from DAHC's existing affordable housing inventory. HOME Program 2006, 2007, and 2010 funding in the amount of $254,386 will be used for the program. The Affordable Homeownership Opportunity Program provides for acquisition, renovation and sale of single-family units. HOME Program 2008 funding in the amount of $78,684 will be used in the Program. Proceeds from the sale of completed projects will be placed in the AHOP program fund for future projects. Each project must include a minimum of $5,000 and no more than $40,000 in HOME funding. On each project, a non-specified amount of funding must be expended on either acquisition or rehabilitation of the unit. A non-specified amount of funding must also be expended to provide homebuyer assistance and this amount will determine the extent of the required affordability period. No more than 10% of the HOME portion of the project sales/proceeds may be used for project delivery costs for the program. The HOME portion of the proceeds is based on the percentage of HOME funds included in the project. A ntinir nan of fujo ~2} traits u411 be sold to tole and moderate-income hoinebu yens. I ATTACHMENT "B" DAHC HOME PROGRAM BUDGET Affordable Rental Unit Rehabilitation Progratn 2006 Funding $ 23,000 2007 Funding $144,000 2010 Funding $ 87,386 Total Rental Rehabilitation Budget $254,386 Affordable Housing Opportunity Program (AHOM 2008 Funding_--- $ 78,684 Total AHOP Budget $78,684 Operating Costs 2007 Funding $ 20,000 Total Operating Budget $ 20,000 TOTAL BUDGET AMOUNT $353,070 ATTACHMENT "C" SCHEDULE OF CONTRACT ACTIVITIES/EXPENDITURES Activity Oct Dec Jan-Mai' April-June July-Sept Oct-Dec Total 2010 2011 2011 2011 2011 Rental Housing Improvement $50,000 $65,000 $75,000 $40,000 $24,386 $254,386 Program Affordable Housing Opportunity Program $0 $15,000 $20,000 $20,000 $23,684 $78,684 CHDO Operating Expenses $5,000 $10,000 $5,000 $0 $0 $20,000 AGENDA INFORMATION SHEET AGENDA DATE: October 5, 2010 DEPARTMENT: Denton Municipal Electric ACM: Howard Martin, Utilities 349-8232 SUBJECT Consider adoption of an Ordinance finding that a public purpose and necessity exists and finding that public welfare and convenience requires the acquisition through agreement or eminent domain of an approximate 0.787 acre utility easement, and a 1.431 acre temporary constriction easement for the relocation and installation of municipal utilities relating to the Jim Christal Double Circuit, and the Combined Heat and Power utility projects situated in the John Scott Survey, Abstract Number 1222, City of Denton, Denton County, Texas; authorizing the expenditure of funds therefore; and providing an effective date. The Public Utility Board recommends approval (6-0). BACKGROUND Denton Municipal Electric has two utility projects that necessitate easement acquisitions along Jim Christal road north of the Denton Municipal Airport. First, is the Jim Christal Double Circuit project that consists of moving the pole line out of the future right-of-way of Jim Christal road, the drainage channel, and replacing the currently deteriorated poles. This project will also include improvements to upgrade the electrical capacity and connectivity in the area. Second, is the combined heat and power plant facility initiative, which requires easements to provide gas supply to fuel the contemplated plant operations. A professional appraisal of the subject easement tracts is underway. Staff will prepare a formal offer to purchase the property for the appraised value, and enter into negotiations with the property owner for the acquisition. If that offer is not accepted, or settlement negotiations reach an impasse, then the City will pursue acquisition of the easements via eminent domain. OPTIONS 1. Recommend approval of the Ordinance. 2. Not recommend approval of the Ordinance. 3. Table for future consideration. RECOMMENDATION Staff recommends approval of the Ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) City Council Closed Session Briefing on the CUP project September 14, 2010 September 27, 2010 - The Public Utility Board approved (6-0). FISCAL INFORMATION Offer to purchase the easements to be determined by the commissioned appraisal. BID INFORMATION N/A EXHIBITS 1. Ordinance 2. Location map 3. PUB Minutes Respectfully submitted, Phil Williams General Manager Denton Municipal Electric Prepared by, y Pamela G. England Real Estate Specialist EXHIBIT 1 sAlegahour documentAordinances1101wolski acquisition ordinance-final.dOC ORDINANCE NO. 2010- AN ORDINANCE FINDING THAT A PUBLIC PURPOSE AND NECESSITY'' EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE ACQUISITION THROUGH AGREEMENT OR EMINENT DOMAIN OF AN APPROXIMATE 0.787 ACRE UTILITY EASEMENT AND A 1.431 ACRE TEMPORARY CONSTRUCTION EASEMENT FOR THE RELOCATION AND INSTALLATION OF MUNICIPAL UTILITIES RELATING TO THE JIM CHRISTAL DOUBLE CIRCUIT, AND THE COMBINED HEAT AND POWER UTILITY PROJECTS SITUATED IN THE JOHN SCOTT SURVEY, ABSTRACT NUMBER 1222, CITY OF DENTON, DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, after due consideration of the public interest and the use and benefit to accrue to the City of Denton, Texas; NOW THEREFORE, THE COUNCIL OF THE CITY OF DEN TON HEREBY ORDAINS: SECTION 1. The Council finds that a public purpose and necessity exists, and that the public welfare and convenience require, and the City of Denton, Texas does hereby exercise its home-rule and statutory authority to acquire by agreement or through eminent domain, an approximate 30-foot wide permanent and perpetual utility easement; and an approximate 55-foot wide temporary construction easement, in, on, over, under, and across the subject tracts described in Exhibits "A-1" and "B-1" and Exhibits "A-2" and "B-2", respectively, all attached hereto and made a part hereof by reference (hereafter the "Easements"). The projects are referred to as the "Jim Christal Double Circuit", and the "Combined Heat and Power" plant facility. The City Council hereby finds and determines that the acquisition of the Easements through j agreement or eminent domain is for a public purpose to provide public utilities, to serve the public and the citizens of the City of Denton, Texas. SECTION 2. The City Attorney, or her designee, shall have the authority to do all things necessary and appropriate to acquire the Easements through agreement or eminent domain. The City Council delegates to the City Attorney, or her designee, the details of accomplishing this objective including, but not limited.to, obtaining final surveys, title insurance, engineering matters, title search, formulating and presenting offers, proper documentation, and filing and prosecuting eminent domain proceedings. SECTION 3. If any section, article, paragraph, sentence, phrase, clause or word in this ordinance, or application thereof to any persons or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; the City Council declares that it would have ordained such remaining portion despite such invalidity, and such remaining portion shall remain in full force and effect. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTESTED: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: rthur Surve * CO.; In r gs>e3rd P.Q. BOX 54 - Lewisville, Texas 75067 Off'Q-.. Vq~)2,21-9439 Fax, (972) 221-4675 Exhibit A-i 3W DALE. EASEMENT 0.787 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all drat certain, lot, tract or paml of land situated in the Jbim Scott Survey, Abstract Number 1222, City of Demur, Dcuton County, Texas, and bms a part of tliat cartnin tract of land described in decd to Ed Wolslci, Trustee, and Virginia Fryman, recorded ice: Volume 2895,. Page 470 of the Deed Reoords of Dentm County, Texas, and being more pazticulariy described as follows: BEGIEN 4m(; at a point in the west Bare of said WoLdd and Fryal~mr tract being tt►a east line of that oerrainr tract of land described in deed to the City of Denton, recorded under 1nstrwnent Number 2003-RO154306 of the Real Property Records of DMAon County, Texas, from which a PK Nail found at the northeast corner thereof bears North 08 degrees 53 minutes 42 seconds , a disfianoe of 5428 feet; THENCE aver, &M w and through said WoLslci and Fryman tract the following two (2) calls: South 89 degrees 24 minutes 53 seconds East, a distance of 223.76 feet to a point for conler, South 89 deVees 45 mhn t+es 23 seconds East, a distance of 916.18 fecc to a point in. the east line of said WOW and Fryman track THENCE South 00 degas 15 minutes 52 seoonds West, with the east line of said WoWd and Fryman track a distance of 30.00 feet to a point for oomer, THENCE over, moo and tizrougit said WoWd and Fryman tract the following two (2) courses: North 89 degrees 45 minutes 23 seconds West, a distance of 916.26 feet to a point far corner; North 89 degrees 24 minutes 53 seconds West, a distance of 229.23 feet to a point in the east fine of said City of Deana tra THENCE North 08 degrees 53 minutes 42 secon& Ems, with the west line of said City of Devft track a distance,of 3032 feet to the POINT OF SEGIl0W(G, and containing. 0.78' acres of land, more or less. 0F STe W. P~ Q ~-~129 -3~e auisai dm~ aseme~,aocsl~&69_esffit3-revisal 30'.dx ~ ~y0 asUR~~ LINE "CABLE GTM N[ RTH t1NE BEARING LENGTH Li 'W 0.100•. 100 0 100 feet r_2 -NOSWAR-C AN 0 N 4 4 Beaft f*l for thin ~IIMGy K tWaad On the Revised . Caaveyanae Plat of lets 3. 4 and 58= A of T-M r-Wded CAW Y ftp 436 of the Platt item* of oentm QMMA Texas. - Bk~kA. ' weirlAr~es (CIL Pg.131) Lott ~ 10' LITUTY Lot 1 EASEMQlr Breads Madftd R04 0.t c . P No. 2{05-$,! (cm. K ux E u, as 177) {InSt } 4C' Raw. DMAMN1 R"M CMUS'T'AL ROAD (CAB. U. AG 132) a PJf' iM [ an < JIM smw no iaall'45'239D 45.277 - 213.78• - - 2trr.,o• S89-2453'E S89'45'23'E .1f~~78 .M. F. ii iiNT Q 787 ACRES S 'r. 3 N8924 53*W .8.. 228.23 N89.45 23"W 916.26' 4A 1 Ed WotsK Trustee and U x Prymau (Vol. 2895, P8.474) W °F W. t~ SU Exhibit B-1 30' D..M.E. -Easement 0.787 Acres in the Arthur Surveying CO., Inc.. John Scott Survey, Abat. No. 1222 Pr,vfonal Land >~atzs CRY of Denton sraaai ~~aar.~s Denton County, Tozas zoo ann - a s4 ovs.woo~ror _ a...r..c ~r.. ~nvaer .m~ W as rthur Surveying Co, Inc. FmfessionW d urtreyar P.O. Box 54 Lewisville, Texas 75067 Office: (972) 221»9439 - Fax: (972) 221-4675 Exhibit A-2 TEMPORARY CONSTRUCTION EASEMENT 1.431 ACRES CITY OF DENTON, DENTON COUNTY, T1i;XXAS. BEING all that certain lot, tract or . parcel of land situated in the John Scott Survey, Abstr0d Number 1222, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Ed Wolski, Trustee, and Virginia Fryman, recorded in Volume 2895,. Page 470 of the Deed Records of Denton County, Texas, and being more-particularly described as follows: i AEGINNING at a PK Nail found for the northwest coiner of said Wolski and Fryman: tract and the northeast corner of that certain tract o€ land described in deed to the City of Denton, recorded under Instrument Number 2003-RO154306 of the Real Property Records of. Denton County, Texas, said point also being in and near the approximate centerline of Jim Christal Road, a public roadway; THENCE South 89 degrees 45 minutes 23 seconds East, with the approximate centerline of said Jiro Christal Road and passing a Railroad Spike at a distance of 215.76 feet and continuing for a total :distance of 1131.79 feet to a '/a inch iron rod with a yellow cap '.stamped "ARTHUR SURVEYING COWANY" set for the northeast corner of said Wolski and Fryman tract; THENCE South 00. degrees 15 minutes 52 seconds West, with the east line of said Wolski and.: Fryman tract, a distance of 55.00 feet to a point for corner; THENCE over, across and through said Wolski and Fryman tract the following two (2) courses: North 89 degrees 45 minutes 23 seconds West, a distance of 916.18 feet to a point for comer; North 89 degrees 24 minutes 53 seconds West, a distance of 223.76 feet to a point in the east line of said City of Denton tract; THENCE North 08 degrees 53 minutes 42 seconds East, with the west line of said City of Denton tract, a distance of 54.28 feet to the POINT OF BEGINNING, and containing 1;31 acres of land, more or less. O p~' c~as9N. s..... W. r... ».....TFfAD MURLEY lft ~z~9 5$02. ~,,r+° . 9ti Foss opQ` c_120081co4Q&M9 - jim dnisW dme eaaementti =o 2808 emrn34=p eonst esmtdoc sUF S LINE TABU NORTH LINE SEARING LE .00' Lf S00'15'5 "W 55A0 100 0 100 Feet L2 59-8-53'42-W 4. Bearing system based an the City of Denton QS network. Blo&A WeirlAcres (Cab. Pg. 131) Lot 2 Lot l Brenda Bedford Head, e1 ux fs' unun asauENr (Inst. No. 2005-82963) (CAB. tN, , PG. 131) ~ ` ~nFr~ ~ T 40' R.O.W. DEDICAAON JIM IrLIRSTAL ROAD f (CAB. M. PC.. 131) , Px ,wue f PK ~ 589'45 23 E s 4131.79' M89 45'23•W SO-45237- YS 76 r ' _rr ..r.f yam„ 207.40' TEMPORARY CONSTRUCTION ESMT .A.c. . ~.3. 11.431 ACRES 7j. ' pal. N89724 53 W~ 223.78 N8945 23"W 916.18 _ ~A ~O Ed WoW, Trustee and . o via F U (Vol. 2895, Pg. 470) 1 ...w W. THAD MURLEY IV M. •M......♦.♦.........Y. i. 5802 i _ ~9 ~^9~~'BS1paP~QQ ti0 Su Exhibit B-2 Temporary Construction Easement S 1.431 Acres in the Arthur Urveying Co., Inc... John Scott Survey,' Abst. No. 1222 Professional Land Survey oa _ City of Denton 972-221-9439 Fo9rn-221-4675 Denton County, Vegas =0 Elm sew sufte 2W - P 0 Boer 54 EXHIBIT 2 55' Temporary Construction Easement 1.431 acres i 30' Utility Easement 0.787 acres Ed Wolski, Trustee and Virgina Fryman (Vol. 2895, Pg. 470) r I WOLSKI / FRYMAN PROPERTY LOCATION MAP 0 95 190 380 Feet EXHIBIT 3 DRAFT MINUTES PUBLIC UTILITIES BOARD September 27, 2010 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on Monday, September 27, 2010 at 9:00 a.m. in the Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton. Present: Chair Dick Smith, Randy Robinson, John Baines, Barbara Russell, Bill Grubbs, and Phil Gallivan Ex Officio Member: Howard Martin, ACM Utilities Absent: Vice Chair Bill Cheek, excused Ex Officio Member George Campbell, City Manager At 9:00 a.m., Chair Smith announced there was a quorum and convened into the closed meeting. At 9:47 a.m., Chair Smith announced the closed meeting was ended and adjourned into an open meeting. OPEN MEETING: CONSENT AGENDA: The Public Utilities Board has received background information, staffs recommendations, and has had an opportunity to raise questions regarding these items prior to consideration. 4) Consider a recommendation of approval of an Ordinance finding that a public necessity exists and that public welfare and convenience requires the taking and acquiring of an approximate 0.787 acre utility easement, and a 1.431 acre temporary constriction easement for the relocation and installation of municipal utilities situated in the John Scott Survey, Abstract No. 1222, City of Denton, Denton County, Texas; authorizing the expenditure of funds therefore. Board Member Gallivan moved to approve item 4 with a second from Board Member Grubbs. The motion was approved by a 6-0 vote. Adjournment was at 10:14am CITY OF DENTON CITY COUNCIL MINUTES August 10, 2010 After determining in Open Session that a quorum was present, the City Council of the City of Denton, Texas convened in a Closed Session on Tuesday, August 10, 2010 at 4:00 p.m. in the Council Work Session Room, 215 E. McKinney Street, Denton, Texas. PRESENT: Council Member Watts, Council Member Heggins, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, and Mayor Burroughs. ABSENT: Council Member King 1. Closed Meeting A. Deliberations regarding consultation with the City Attorney---Under TEXAS GOVERNMENT CODE Section 551.071 and Section 551.087 - Deliberations regarding Economic Development Negotiations. 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 granting economic development incentives to a candidate and the discussion shall include commercial and financial information the City Council has received from the candidate which the City Council seeks to have locate, stay, or expand in or near the territory of the City, and with which the City Council is conducting economic development negotiations; including the offer of financial or other incentives. This item was not considered. B. Deliberations regarding consultation with the City Attorney Under Texas Government Code Section 551.071 and Real Property - Under Texas Government Code Section 551.072. 1. Consultation with attorneys regarding potential litigation concerning lease issues at the Denton Municipal Airport and receive a report, hold a discussion regarding the lease or value of real property located on the Denton Municipal Airport. Such deliberation in an open meeting would have a detrimental effect on the position of the City of Denton in negotiations with a third person and the receipt of legal advice on a matter in which the duty of the attorney to the City of Denton under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code. C. Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086. City of Denton City Council Minutes August 10, 2010 Page 2 1. Receive competitive public power information from staff in the form of a proposed operating budget for Denton Municipal Electric ("DME") for the upcoming fiscal year, including without limitation, revenues, expenses, commodity volumes, and commitments, and the direction of DME; and discuss, deliberate, consider adoption of the budget and other matters, and provide staff with direction regarding such matters. Council Member Gregory motioned, Mayor Pro Tem Kamp seconded that the item was appropriate for deliberations under the Public Power Utilities exception. On roll call vote, Council Member Watts "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. D. Consultation with Attorneys -Under Texas Government Code, Section 551.071. 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 termination of a Chapter 380 Agreement between the City of Denton and SFT Industrial, Ltd. ("Granite") for property located on I-35W south of Airport Road. 2. 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 a request for an economic development incentive for John H. Plott Company for a portion of the Granite Point development located on I-35W south of Airport Road. Following the completion of the Closed Session, the City Council convened in a 2nd Tuesday Session. 1. Receive a report, hold a discussion, and give staff direction regarding the Denton Airport 2010 Business Plan. Randal Wiedemann, R.A. Wiedemann & Associates, reviewed information on the plan. Overview of Presentation - Wiedemann reviewed the background and management stricture, existing airport characteristics, baseline financial projection, alternatives, and recommended plan. City of Denton City Council Minutes August 10, 2010 Page 3 Business and Financial Projections - The history of the airport revenues and expenses was reviewed. A key factor was revenue from gas wells that would eliminate any potential operating debt if it could be used for operating revenues. If not, there would be a net operating deficit. Revenue enhancement options included sources of revenue involving aviation activity or leases such as runway extension/new parallel runway; branding; attracting corporate aviation; university aviation program for training; maintaining training contracts; rates and charges analysis; hanger development options; west side development; and other strategies. It was suggested that growth projections increase by 65 based aircraft and almost 40,000 operations by 2018 or sooner. Management and Policy Recommendations included (1) establish an airport enterprise fund for FAA policy on revenue diversion, and FAA grant assurances for self-sufficiency; (2) keep reversion clauses in leases; (3) increase airport staff by one in the near term; (4) use gas well revenue reinvestment to build-to-suit revenue producing investments; and (5) meet with tenants on a regular basis. Revenue Enhancement Recommendations suggested private and public investment in capital development projects. Those might include an aviation residence hall, hangar development, parallel runway, southeast taxiway area expansion, land acquisition, and west side development. Another area for consideration was airport branding/marketing activities. The Recommended Plan Pro Forma suggested alternatives for ground leases, city build-to-suit and a combination of ground leases and building to suit in terms of net operating income per year from 2011-2018. Ground leases only would realize about $2.5 million in 2018. If the city did a build-to-suit, there was the possibility of realizing $7.1 million by 2018 or a 50/50 combination of ground and build-to-suit might realize $6.2 million by 2018. Council Member Watts asked if the gas well revenues were incorporated into the income. Wiedemann indicated that they were not. Mayor Burroughs questioned the difference between the two alternatives. Wiedemann stated that 2011 represented the first investment by the city in a project. Gas well revenue would fund the capital investment and be used for improvements. That would be an annuity for the airport which would produce a fund balance for the life of the building. Brian Langley, Director of Finance, stated that a proposal was to make an enterprise fund at the airport for operating and revenues plus the gas wells. It would be part of all the same fund. The City could sell bonds to pay for debt service for improvements at the airport. Council Member Gregory questioned that at some point when the number of daily operations increased would the FAA require some type of higher level of fire suppression or an airport fire station. Wiedemann stated that would occur when the airport was a 139 facility which dealt with airline service or charter airlines. That was not typically required for general aviation. City of Denton City Council Minutes August 10, 2010 Page 4 Council Member Gregory asked if there might be the possibility that there were operations or people who would want to park bigger jets if a fire station were present. Wiedemann stated that it could help for certain type of operations such as higher corporate planes. Council Member Gregory asked for a staff report with bullet points for and against the ongoing discussion of contract issues. The report could include benefits to the city and downsides to attracting and keeping customers. Council Member Heggins questioned the importance of branding and a possible name change of the air terminal. Wiedemann stated that the name would recognize what was really going on at the airport. The airport had outgrown the "municipal" connotation and could be better described as a "regional" airport. Mayor Burroughs asked if the current recommendation was that future hangar development or other development at the airport be exclusively the City. Wiedemann replied that the report was just showing relative return on each type of development. Many airports had a combination of public and private ownership. Council Member Gregory discussed public versus private hangar in terms of ad valorem tax on improvements. If the city owned the land and a lessee built a hangar on the land, improvements and the value of the hanger would be subject to ad valorem taxes. Wiedemann said that would be correct. Council Member Gregory stated that the hanger would be taken off the rolls if it were owned by the City. Mayor Burroughs asked if there were examples of other airports that had followed the model being suggested for the enterprise fund. Wiedemann stated that there were many examples and they could provide those to Council. Mayor Burroughs asked about financing beyond the life of the gas wells and if the model showed that the airport would be able to sustain itself indefinitely. Wiedemann stated that was the goal. That by investing in an annuity it generated its own return and accumulated those returns in order to do other projects. Mayor Burroughs requested examples of successful airport programs that were not subsidized with city funds. Mayor Burroughs noted that on page 35 of the master report the gas well fund balance had a different revenue on page 40. City of Denton City Council Minutes August 10, 2010 Page 5 Wiedemann stated that one was total fund balance growth and the other included disbursements. Mayor Burroughs asked if the gas wells included interest earning on the fund balance. Hix stated it was not included in the projections. Mayor Burroughs stated that the assumption was a fully leased airport in terms of gas wells. Hix stated that there were no projects at this time for future wells. Mayor Burroughs stated that it was mentioned that the gas well revenue would be used for reinvestment. That meant capital improvements, non-operating expenses. There was also a mention of using those for operations. Wiedemann stated that there were two components to revenue. One was the surface lease and the other was the royalties. The problem was separating the two and having the surface leases (ground leases) used for operational costs such as needs at the airport and the bulk of the revenue (royalties) to be assigned to capital investment projects. Mayor Burroughs asked about making changes to the mission statement. Wiedemann replied that the current statement was just a suggestion and would welcome any suggestions for changes. Mayor Burroughs noted that at some point in time those changes would have to be made. Wiedemann stated that the Business Plan provided direction for staff on how to proceed and potential goals. Council Member Watts asked about the gas well revenue indicated on Table 13 and whether it included revenues from the new wells in 2009. Hix stated that the Tables could be updated with the new projections and suggested a future work session with recommendations from the Airport Board and opportunity for future discussions. 2. Receive a report, hold a discussion and give staff direction on the 2010-11 City Manager's Proposed Budget, Capital Improvement Program, and Five-Year Financial Forecast. Bryan Langley, Director of Finance, stated that staff did not have anything specific to review at this meeting but he was available for questions and discussion if needed. City Manager Campbell stated that staff would take the recommendations from the Council for changes and would show the bottom line on how those would affect the budget. Mayor Burroughs stated that it appeared that the gas well fund balance was going down to nothing with the projection on the Denton Plan and Mobility Plan. He questioned if Council did City of Denton City Council Minutes August 10, 2010 Page 6 not want to not wipe out that revenue source, could those two plans be put on hold and absorb those costs in some other form rather than using those funds. Council Member Gregory stated that the cost estimate provided a whole new Comprehensive Plan which was not what he was expecting. He was expecting to look at the plan, review what had been accomplished, what still needed to be accomplished and what no longer wanted to be accomplished rather than a whole new comprehensive plan. That scenario would be less expensive. City Manager Campbell stated that the gas well numbers were intended to be place holders until staff was ready to present the projects. The DTIP should move ahead more rapidly over the Mobility Plan. A scope of work for the projects was needed. Assistant City Manager Greene stated that the Comprehensive Plan would affect the Mobility Plan and the Downtown Plan. There was a sense of urgency for the updates and would probably take a two budget year term. The Comprehensive Plan would be a major rewrite including the DTIP and Mobility Plan. City Manager Campbell stated that staff could look at other sources to fund those and spread the cost out over two years. Mayor Pro Tem Kamp asked for the cost for each of the plans. Council Member Watts asked for discussions on the expenditures for the gas well funds before they were set in stone. City Manager Campbell stated that the proposal could be presented in a different manner such as potential projects to be done with these funds and not designate in the budget document the exact projects. That would establish an appropriation for the studies that would be available when needed. With no further business, the meeting was adjourned at 5:55 p.m. MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES August 17, 2010 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, August 17, 2010 at 3:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Council Member Watts, Council Member King, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, and Mayor Burroughs. ABSENT: Council Member Heggins. 1. Requests for clarification of agenda items listed on the agenda for August 17, 2010. Council Member Gregory questioned what type of program was associated with Consent Agenda Item D. Ken Banks, Environmental Services and Sustainability Director, stated that the intention was to take what was developed in the last grant and move it to the entire watershed area. It was a mixture of products of policies and on the ground strategies. The first grant dealt with information and design of the projects. A condition of the original grant was to put on the ground what was developed in the grant. Council Member King asked about Item G for Individual Consideration. Staff and the Airport Advisory Board had different considerations of the terms of the lease. Quentin Hix, Airport Manager, stated that the lease was negotiating ramp space around the terminal building. Staff looked at the ramp in terms of its unique location as it was in an area that could affect airport business in the future. Staff did not feel that an initial 24 year period was compatible with the uncertainty of the development of the area. Staff was in agreement with BAM on the terms and conditions of the lease, the area to be leased and the price per square foot but not on the length of the lease. BAM wanted 24 years plus 2 five year options. Staff was recommending a 10 year lease with two ten year extensions. Council Member King asked if there were any alternatives. Hix stated that they had asked the president of BAM what was planned for the area. They did not have a specific plan at this time. Staff maintained that a 10 year initial lease with two 10 year options would be best. Mayor Burroughs asked about the kind of investment, from BAM standpoint, would be needed in the leased space. Hix stated that there was no initial investment he was aware of. Some aircraft in that area were not operable or were long term tie downs. Mayor Burroughs questioned if those craft could be moved if a better use was found for the area. Hix replied if there was an adoption of a specific policy for use of that space. City of Denton City Council Minutes August 17, 2010 Page 2 Mayor Burroughs stated that the city had consistently done long term leases but that the reasoning for those long term leases was the need to pay back capital costs over a long period of time. In this case, there was no capital component. Hix replied correct that the lease did not allow a vertical building on the space. Council Member Gregory stated that at the end of 10 years, the City could decide not to renew the lease. He questioned if the lessee could do that also. Hix replied correct that they would have to notify the City 180 days before the end of the 10 year term. Council Member Gregory stated that several people had indicated concern over the issue of the timing of the leases not lining up. There was a 27 year lease on the property next to this location. He questioned if it were possible to have an original term of lease for 10 years plus an extension of 10 years and when it was time for the next extension add enough years to align the dates at the same time. Hix stated that the options for terms and conditions were available when the term was expired. That was a legitimate option but had not been discussed with BAM. Council Member Gregory asked what were options for use of that space. Hix replied as the runway was extended, it would be used for more charter service to pick up and drop off customers at the terminal. There might also be the possibility of enlarging the terminal for larger aircraft in and around the building. BAM would be a significant player in the development of any kind of business in that area. Mayor Burroughs asked if the lease of the ramp space was based on BAM maintaining FOB status. Hix replied that it was a standalone contract. Mayor Burroughs stated that this was an operational lease with no capital involved and was not tied with the FBO status. City Manager Campbell stated that there were two FOBS at the airport with separate facilities from what the city operated. Council Member Watts questioned if the slab for Consent Agenda Item 3F was a partial slab. Hix replied correct. Council Member Watts questioned the approximate cost of the land if the company was just going to leasing the land. Hix stated that it was estimated that the unimproved land would be $4,860 per year. The lease was written to include an 11% commission on all revenues generated from the operation of an City of Denton City Council Minutes August 17, 2010 Page 3 aircraft storage hangar to be constricted and used as a part of the U. S. Aviation Group Fixed Base Operator service. Council Member Watts asked if the assumption clause was standard for all leases. Hix replied correct. Council Member Watts questioned the cancellation or termination provision and whether that language was mandatory. Hix stated that it was interpreted that if the Airport terminated the lease before the end of the term, the clause would be applied to calculate the value of the property. Council Member Gregory stated if the city did not terminate the lease but the company went bankrupt or walked away and there were improvements with a mortgage, who would be the first lien holder. Hix indicated that he would have to research that. City Attorney Burgess stated that it would depend if it were a bankruptcy or the company just walked away from the lease. Council Member Watts stated that the wording in the resolution for Consent Agenda 4C stated that it accepted recommendations. He wanted to clarify that the recommendations would be binding and that all of them would have to be performed. City Manager Campbell stated that he had requested a resolution as a plan or a guide for the Downtown and after the form based code was completed, some amendments might be necessary. This was accepting the plan as a guide and the details would be later by code and ordinance. It was expressing the concept of the plan as acceptable but there were no code requirements at this point. Council Member Watts stated that some concepts were very specific. City Manager Campbell stated that if the plan were adopted by ordinance, the concepts would be set and staff was not ready to do that. 2. Receive a report, hold a discussion, and give staff direction concerning proposed amendments to Subchapters 3, 16, 22 and 23 of the Denton Development Code regarding gas well drilling and production as amended by Ordinance No. 2010-181. (DCA10-0006) Mark Cunningham, Director of Planning and Development, stated that during the public hearing phase, several concerns were presented by area residents and representatives of the gas well industry who were present. As a result of the concerns that were raised, staff conducted further review of Ordinance 2010-181 and made several amendments to the ordinance to address the concerns that were expressed, eliminate potential ambiguous language, and provide further clarity relative to the spirit and intent of the ordinance. The amendments were: City of Denton City Council Minutes August 17, 2010 Page 4 41 - Section 35.16.19.E - deleted language relative to fees in the ETJ. 42 - Section 35.22.2 - added language to the definition of "drilling and production area". 43 - Section 35.223.A - added language to allow gas well drilling and production by right for property that within the City that was unzoned, but would be subject to the Rural Residential 5 use regulations. 44 - Sections 35.223.B, 35.22.4.A.1, 35.22.10.A and C - amended language to provide applicability to code within a Planned Development and Master Planned Community District. 45 - Section 35.22.4.G - added language to address issues of legal non-conformity. The amendments would not apply to a gas well permit application if on August 4, 2010 a complete plat application, together with any required WPP application was pending, or the area to be platted was the subject of an approved SUP, PD, MPC for gas drilling and production. The amendments would also not apply if there was an approved gas well development plat that identified the gas well site and drilling activities for a gas well on another approved plat within 1,000 feet of the proposed well had started. Legal non-conforming permits stated that if a complete gas well permit application was pending on August 4, 2010, the application would not be subject to the separation standards prescribed in Section 35.22.5.A.1. 46 - Section 35.22.5.A.l.a, b, and d - revised language to clarify that minimum separation standards applied to habitable strictures. 47 - Section 35.22.5.e - added clarification regarding separation standards with a previously platted residential subdivision. Council Member Gregory questioned the section numbering and asked if all of Subsection F was being removed. Cunningham stated that when the adopted ordinance was merged with Chapter 25, some of the alpha numbering was changed. Section F was not removed. 48 - Section 35.22.5.A.2.n - revised language to clarify screening requirements to clarify that screening was required only from habitable strictures and tied screening requirements to the sequencing requirements under 35.22.4. 49 - Section 35.5.A.6.p - deleted language as it could create a potential conflict with other codes. 410 - Section 35.22.5.C - clarified that the standards applied to gas well drilling and production in the city limits. 411 - Section 35.22.6.D - regarding gas well development site plan and watershed protection plan - deleted the second sentence because it did not fall under the heading of "criteria for approval". City of Denton City Council Minutes August 17, 2010 Page 5 412 - Section '15.22.10.I - expiration of gas well permit - revised language to provide delineation between the issuance of permits by the City and Texas Rail Road Commission. Council Member Heggins joined the meeting. Council Member Watts questioned the legal non-conformity provision. Section IA stated that a completed application was necessary but then said "or" the area to be platted was subject to an approved specific use permit. He asked how there could be approval for a specific use permit for a gas well since there would not be any specific parcel where the pad sites would be. There would be nothing specific on file for the locations, just a specific use permit to have the gas well. Cunningham stated that there could be a project that showed locations but was not platted. The specific use permit document would indicate that there would be drilling locations in those areas and those would be exempted. Council Member Watts asked about the August 4th requirement. Cunningham replied that the concept plan identified tentative locations of the gas wells. Council Member Watts stated that if the concept plan was amended and the locations were changed, it would be a new application and the exemptions would not apply. Cunningham replied correct. Council Member Watts questioned subsection B of the legal non-conformity amendments. If the gas well permits were in one location and four were approved, but three came in after the passing of the ordinance, would they be subject to the code. Cunningham replied that if the gas well being considered had an approved plat where gas well drilling had already taken place within 1000 feet of what was being proposed, the site being proposed would be exempt to encourage clustering of gas wells rather than having them spread apart. Council Member Engelbrecht questioned the use of the 1000 feet figure. Cunningham stated there was no legal requirement for that amount; it was considered a reasonable distance. Council Member Gregory stated that he assumed the 1000 feet was due to the situation at Rayzor Ranch. He would prefer a lower number to keep the wells clustered. Council Member King stated that they would still be 1000 feet from a habitable dwelling. One thousand feet or subsection 35.22.4.G would accomplish what Council wanted. City Manager Campbell stated that the radius of a five acre site would be within that location. Cunningham replied that it would only work if all five acres of pad sites were the same size. City of Denton City Council Minutes August 17, 2010 Page 6 Council Member Watts expressed a concern about another gas well site being subject to the provisions of Section 35.22.4.g.b. Mayor Burroughs stated that the wording indicated an approved plat site. If the area was already platted, it would be already vested under a different provision. Cunningham stated that it would not apply to an existing plat. A new plat coming in within 1000 feet would get the exception. Council Member Watts stated that it would not be a vesting issue as it would be coming to plat after August 4th for a new plat; even though it might be next to an existing one. The new well could be exempt but it was not a vesting issue. Cunningham stated it was not for the plat but for the permit. Council Member Watts stated that there would have to be a permit to have a plat. The wording stated "the gas well plat". Cunningham replied that the section might not be ready for Council approval as there appeared to be too many questions on the mechanics of the section. Deputy City Attorney Drake stated that the questions seemed broader than vesting issues. Council was talking about enforceability of standards on gas well permit applications. The application was based on filing to the new provision not subject to the 1000 feet. If it was the first well, it would not be a legal non-conformity issue. But if a well was already built, it would be considered to be legally non-conforming with respect to the new provisions. Mayor Burroughs questioned that if a plat was approved but there was no drilling and the developer came forward to get a permit, would it be vested or not. Drake stated that it would be subject to the new provisions if not drilled. Mayor Burroughs stated that the triggering point was whether or not the well was drilled. Council Member Engelbrecht stated that if there was an approved plat with one well drilled and the developer came in for a permit within 1000 feet of the first well, then the well would be subject to the old riles. If it were more than 1000 from the current well, then it would be subject to the new riles. Council Member Watts stated that a plat with a well drilled prior to August 4th would not be subject to the new regulations. If another permit were requested, it would be subject. A plat was necessary for a permit. If there was a plat with no drilling, it would be subject to the new code. If there was a plat with drilling 1000 feet away, the only way it would not be not subject to the new regulations would be if part of the plat was before August 4tn Council Member Engelbrecht asked if the footage could be smaller such as 500 or 700 feet. Drake replied it could be changed if Council desired. City of Denton City Council Minutes August 17, 2010 Page 7 Cunningham stated that some plats that had already been submitted included over 2000 acres and some had up to 40 well locations. It appeared that these were submitted to circumvent the proposed changes. If there was a plat with a well already drilled within 1000 radius, the amendments would not apply. Outside the 1000 foot radius, the amendments would apply. 3. Receive a report, hold a discussion, and give staff direction on the 2010-11 Proposed Budget, Capital Improvement Program, and Five-Year Financial Forecast. Brian Langley, Director of Finance, stated that a variety of information had been provided in the Council's backup materials. Changes made since the proposed budget was submitted included: (1) increasing the proposed tax rate to the effective tax rate, (2) increasing the over 65 tax exemption from $30,000 to $35,000 which would reduce revenue by $115,000, and (3) consider increasing Building Inspection fees with a cost of service analysis for fees. A consultant would be hired to do the cost of service analysis. Proposed fee changes, if any, would be recommended after the adoption of the FY 2010-11 budget. Total revenue changes indicated a decrease of $67,910. Expenditure changes included the funding of the Urban Forester position. Staff was proposing to fund 75% of the cost out of DME due to the tree trimming program and his consulting within that department and 25% in out of the General Fund. The 75-25 ratios were preliminary. The revised operating budget gap was now $1,230,734. Langley stated that another proposed project was a disaster recovery data center. Currently there was only one central location for all data systems. Staff was looking at creating a redundant site to keep the centers running at a cost of approximately $250,000. Staff would be bringing back more details in the near future. Funding for the center would be from Technology Services funds and not General Fund dollars. Mayor Burroughs suggested looking into a Homeland Security grant opportunity for that type of proj ect. Langley stated they would look to see if any were available. He mentioned that the consideration of the tax increase item on Individual Consideration would only be necessary if Council wanted to go above the effective tax rate. If so, Council would have to consider that resolution at this meeting. If not, the item would not have to be considered. Council Member Gregory asked about the cost savings in insurance premiums for the proposed health clinic. He asked if staff was moving forward with that informal report. Langley stated staff was working out more details on that issue and that they were in the process of drafting a RFP for different options. Council Member Watts stated that some non-profit organizations might want to submit a proposal. He also requested staff to explore the possibility of other entities joining with the City in establishing a health clinic. Following the completion of the Work Session, the City Council convened in a Closed Meeting at 4:30 p.m. to consider the specific items listed below under the Closed Meeting section of this agenda. City of Denton City Council Minutes August 17, 2010 Page 8 1. Closed Meeting: A. Consultation with Attorney -Under Texas Government Code Section 551.071. 1. Consider and discuss the status of legal issues relating to the settlement of City of Denton v. Biodiesel Industries, Inc., et al., Cause No. 4:08-cv-00173 and subsequent claims and provide direction to the city's attorneys regarding same. This item was not considered in Closed Session. 2. Consult with City's attorneys regarding: (1) legal issues associated with the regulation of gas well drilling and production within the City Limits and the extraterritorial jurisdiction, including Constitutional limitations, statutory limitations upon municipal regulatory authority and statutory preemption of municipal regulatory authority; (2) Federal preemption (and limitations on that preemption) of certain municipal regulations relating to the compression and transmission of natural gas, and the location of gas pipelines; (3) analysis of risks and enforceability of such regulations, including impacts and strategies associated with local permit protections; (4) legal limitations associated with the setting of fees for administration, inspection, enforcement, and other governmental or proprietary services related to gas well drilling and production, both within the City and its extraterritorial jurisdiction. 3. 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 a request for an economic development incentive for Grand Mesa, LLC for a portion of the Granite Point development located on I-35W south of Airport Road. B. Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087. 1. Deliberate the offer of a financial or other incentive to Sykes-Vaughan Investments, LLC, a business prospect that the City of Denton seeks to have locate, stay, or expand in or near the Denton Municipal Airport. C. Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086. 1. Receive competitive public power information from staff in the form of a proposed operating budget for Denton Municipal Electric ("DME") for the City of Denton City Council Minutes August 17, 2010 Page 9 upcoming fiscal year, including without limitation, revenues, expenses, commodity volumes, and commitments, and the direction of DME; and discuss, deliberate, consider adoption of the budget and other matters, and provide staff with direction regarding such matters. Council Member King motioned, Council Member Engelbrecht seconded that this item was appropriate for a Closed Session discussion under the Public Power Utilities Competitive Matter exception. On roll call vote, Council Member Watts "aye", Council Member King "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. The City Council attended a reception for Board and Commission members on Tuesday, August 17, 2010 at 5:30 p.m. in the Council Work Session Room at City Hall. The City Council convened in the Council Chambers at 6:00 p.m. to consider the following: 1. Consider approval of a resolution of appreciation for retiring Board/Commission members. Mayor Pro Tem Kamp motioned, Council Member Engelbrecht seconded to approve the resolution. On roll call vote, Council Member Watts "aye", Council Member King "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. 2. Oath of Office for New and Continuing Board Members. Jennifer Walters, City Secretary, administered the oath of office to the new and continuing board and commission members. The Council convened in a Regular Meeting at 6:30 p.m. in the Council Chambers. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS There were no proclamations/presentations for this meeting. 3. CONSENT AGENDA Mayor Burroughs stated that Item G would be pulled for separate consideration. Council Member Gregory motioned, Council Member Heggins seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Item G. On roll call vote, Council Member Watts "aye", Council Member King "aye", Council Member Heggins City of Denton City Council Minutes August 17, 2010 Page 10 "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. Approved the request below. A. Consider a request for an exception to the Noise Ordinance for the purpose of the 12th Annual Denton Blues Festival, sponsored by the Denton Black Chamber of Commerce. The event will be held in Quakertown Park on Saturday, September 18, 2010, from 1:00 p.m. to 10:30 p.m. and Sunday, September 19, 2010, from 1:00 p.m. to 8:30 p.m. The exception is specifically requested to increase hours of operation for amplified sound from 10:00 p.m. until 10:30 p.m. and to have amplified sound on Sunday. The amplified sound will not go above the allowable 70 decibels for an outdoor concert. Staff recommends approval. Resolution No. 20 10-03 1 B. Consider approval of a resolution allowing the Denton Black Chamber of Commerce to be the sole participant allowed to sell alcoholic beverages at the Blues Festival September 18 - 19, 2010, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. The Parks, Recreation and Beautification Board recommends approval (5-0). Ordinance No. 2010-190 C. Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal Cooperative Purchasing Program Agreement with the Harris County Department of Education, Harris County, Texas under Section 271.102 of the Local Government Code, to authorize participation in various Harris County Department of Education contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 455 1 -Interlocal Agreement with Harris County Department of Education). Ordinance No. 2010-191 D. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager, or his designee, to execute a "Professional and Personal Services Agreement for consulting services for the City of Denton Watershed Protection Program," in an amount not-to-exceed $227,200 by and between the City of Denton, Texas and CH2MHi11, Inc., a consulting and engineering firm for services implementing the Hickory Creek Watershed Protection Plan and increasing the scope of the protection plan to include the entire Lake Lewisville Watershed; related to a Texas Commission on Environmental Quality ("TCEQ") Section 319 water quality grant that has been awarded to Denton previously; providing for the expenditure of funds; providing for retroactive approval, ratification and confirmation thereof, providing an effective date (File 4560). The Public Utilities Board recommends approval (5-0). Ordinance No. 2010-192 E. Consider adoption of an ordinance awarding a contract under the General Service Administration (GSA) Federal Supply Service program for the purchase of personal protection equipment for the City of Denton Police Department as awarded by the General Service Administration (Contract GS-07F-5508R); providing for the expenditure of funds City of Denton City Council Minutes August 17, 2010 Page 11 therefor; and providing an effective date (File 4561-Personal Protection Equipment for Police Department awarded to Tactical Gear Now, Inc. in the amount of $153,334.95). Ordinance No. 2010-193 F. Consider adoption of an ordinance authorizing the City Manager to approve a second amendment to a Fixed Base Operator Airport Lease Agreement approved by Ordinance 2009-018 dated January 6, 2009 and amended by Ordinance 2009-323 dated December 15, 2009 between the City of Denton, Texas and Sykes-Vaughan Investments LLC which includes among other provisions the right to sell aviation fuel to the public for a five- percent fuel flowage fee and provide commercial hangar and tie-down service at the Denton Municipal Airport; and providing an effective date. The Airport Advisory Board recommends approval (6-0). Ordinance No. 2010-184 G. Consider adoption of an ordinance to authorize the City Manager, or his designee, to execute on behalf of the City of Denton an Airport Lease Agreement between the City of Denton, Texas and BAM Denton Management Ventures, LLC at the Denton Municipal Airport for lease of aircraft ramp space; and providing an effective date. The Airport Advisory Board recommends approval (7-0). Mayor Burroughs indicated that a speaker card had been submitted for this item. Damon Ward, 5007 Airport Road, Denton, 76207, spoke in favor of the lease to be extended for a longer period of time. He noted that the Airport Advisory Board was also in favor of a longer lease to be concurrent with the current FBO lease. Staff, however, had recommended a lease scenario at a much lesser amount of time due to the uncertainty of what would be happening to the Airport in the future. Mayor Burroughs stated that Ward's proposal was to run the ramp lease with the FBO lease. He questioned how the FBO status would be affected by the additional ramp agreement or how it would be adversely affected with three 10 year leases. Ward stated that the proposed lease would be very confining with 10 year options being undefined. Banking arrangements needed greater than a 10 year period to make profits and a 25 year lease allowed them to make banking arrangements. Mayor Burroughs questioned if improvements came with this lease. Ward stated that marketing needed a long term plan for larger aircraft. With an extended lease term they would be able to say that they could provide services for a number of years. Council Member King stated that this would be a place to set planes and Ward was concerned that the City might not give the options for the additional years. Ward replied correct. City of Denton City Council Minutes August 17, 2010 Page 12 Council Member Gregory stated that south of the runway the operations were currently successful without a lease. Ward stated that the airport was getting more and larger aircraft and the dynamics of the airport was changing. A smaller space was fine for a time but in the future there might be a need for more space to park the airplanes. Mayor Pro Tem Kamp asked Ward if he was asking Council to not approve the lease. Ward stated that what was before Council was from staff and proposed a 10 year lease with two 10 year options. He was requesting the lease to run concurrent with his current FBO lease. He would accept the staff proposal but it was not what was recommended by the Airport Board. Mayor Pro Tem Kamp asked for an explanation of the staff proposed lease. Quentin Hix, Airport Manager, stated that the proposed lease was for additional ramp area adjacent to the airport terminal. This ramp area was unique from the past FBO lease and was adjacent to the terminal and in the staffs perspective with all of improvements at the airport and marketing for the airport, there was an uncertain public need for space adjacent to the terminal. It was advantageous to have BAM manage it but in the near term there might be other public needs for that area. There was a need to keep some flexibility for future development. One 10 year lease with two 10 year options to renew was the staff s proposal. Council Member King stated that the Airport Board recommended that the lease run concurrently with the FBO lease. Hix stated that was correct. All terms and conditions of the lease were agreed on and were presented to the Board. The length of the lease was presented to the Board but the Board approved the lease with a recommendation of a different length of time. Council Member King stated that the north side was not leased. Hix stated that directly north there was a grant pending to fill in open ground with paved ramp. He was not certain how long it would take to achieve that. The public area was the primary location to service aircraft in the future. Council Member King questioned if the open land north of the airport could be leased by another FBO. Hix stated that was correct; however, the intent was to leave some public area and not to use that area as tie down space. The current area was used for a tie down area and it might be needed to be used for something else in the future. Council Member Heggins questioned who monitored the tie downs. Hix stated that the airport staff monitored the aircraft on a daily basis and billed the aircraft owners if they stayed longer than 3 days. Some aircraft in the area were inoperable and it was to the city's advantage to have BAM manage the tie down area. City of Denton City Council Minutes August 17, 2010 Page 13 Council Member Engelbrecht asked what would happen if the ten year lease were approved and then significant charter activity occurred in 5 years. Hix stated that the initial position of staff was to make the lease a 5 year lease but in fairness and anticipated time to complete all improvements, felt that it probably would be in the 5-10 year period to do that. If it did occur, the city would have to negotiate with BAM. Council Member Gregory asked if the other FBO had room to accommodate larger jets. Hix stated that both had enough ramp space but what neither had was space adjacent to the terminal. Council Member Gregory stated that if there was increased charter service, there would be a need to use that ramp space in front of the tower for something other than what BAM was using if for. Hix stated that the current use was for tie down for aircraft, sometimes for a monthly basis. If the area was transitioned for an alternative use, it would have to be used for larger jets to disembark passengers, etc. The issue staff had was concern about uncertainty of the future. Council Member Watts stated that with the two 10 year options, BAM would have right of first refusal. In reading the lease he couldn't see that language and questioned if it was in the lease. Hix replied that it was in the lease. Council Member Watts stated that the language for the terms did not indicate that the option was unilateral to BAM and felt that the city could refuse to allow the option to renew. City Attorney Burgess stated that if that was the desire of the Council whoever made the motion could add the words "but lessor has the option to not move forward with the option." Council Member Watts stated that he wanted the lease to represent as accurate as possible the intention of the parties. If the city had the option to not renew the lease, it needed to be in the lease language. He suggested it be included to fully represent the intent. Mayor Burroughs stated that it sounded as though the proposal by staff was that if at the end of the 10 year term there was some other public need, that it would override the FBO need. At that point, the renewal might not occur. There was no intention to go out for bids at that time and the space would be not marketed. Hix stated that it was not the intent to hold the space open for that type of option. Mayor Burroughs stated that failure to renew the lease would be for a public purpose and not a competitive purpose. The lease would be renewed unless there was a determination by the city that it would not be in the public interest to do so. The renewals were not subject to bidding. City of Denton City Council Minutes August 17, 2010 Page 14 Council Member Gregory stated that if Council approved the staff recommendation, at the end of the 10 years, either party could back out of the lease with a 180 day notice on either end by the city or the lessee. Council Member King suggested that rather than making the lease for ten years have it concurrent with the FBO lease and then if there would be a public cause at the end of 10 years, the lease would be terminated. City Attorney Burgess stated that staff could draft a lease with language indicating that the lease would be consistent with the term of the FBO lease with a provision that after 10 years of the initial terms, the city could upon notice of not less than 180 days exercise a right to terminate the lease by making a determination that it was not in the public interest to continue the lease. Council Member Watts stated he was not comfortable with that suggestion. It was the policy of the Council to move the airport towards an enterprise zone which meant competing business interests. He was hearing staff say that they didn't mind leasing the space at the same status but if something happened at the airport to have larger aircraft, the space would become more of a premium and the city wanted the option to look at the lease again. That was why BAM wanted a longer lease. He could not support a public policy termination clause which would be very vague. A longer term was counterproductive to what he felt Council what trying to do at the airport. Council Member Engelbrecht asked if there had been any major investments in the ramp at some time. Hix stated that over the past 6 years, the tower and terminal had been built next to the ramp but he was not aware of any specific improvements to the ramp. Council Member Engelbrecht asked if BAM had made any improvements on the ramp. Hix replied no. Council Member Engelbrecht stated that there were potential plans for expanding the terminal to the north. Hix replied correct. Council Member Engelbrecht stated that if there were charter service to the airport on a more frequent basis, staff was suggesting there would be a need for space to get passengers on and off and move the plane around. He questioned what the city would do if that happened before 10 years. Hix stated that the city would have to renegotiate the use of the area from BAM or have to be inconvenienced using the area north of the terminal. Council Member Engelbrecht stated that he was not comfortable voting on this issue at this point in time as there were too many unanswered. City of Denton City Council Minutes August 17, 2010 Page 15 City Manager Campbell stated that the language of the contract was appropriate with staff s recommendation to preserve options. He felt the concern could be cured by adding language that the lessor was under no obligation to extend the lease. He was concerned with trying to identify every possible scenario that could occur between now and ten years. He suggested keeping the term at 10 years to help with development. Mayor Pro Tem Kamp stated that staff originally wanted to do a five year lease but increased it to make it fairer. Her point was that the citizens of Denton made tremendous improvements to the airport and the citizens owned the airport. The question was if the city wanted to be in the airport business and she felt the answer was yes. She motioned to approve as the ordinance presented with the options as noted. City Attorney Burgess stated that language would be included to extend the contract for two additional ten year upon mutual consent with 180 days requirement for notice of change. Council Member Engelbrecht stated that he would be voting against the motion due to all of the issues raised and felt that delaying the issue to the next council meeting would not be a large delay. He would much rather see the city negotiate to consider the flexibility it wanted. Mayor Burroughs suggested continuing the item to create language for a 24 year lease with a 10 year opt out. Council Member Watts was not in favor of that idea based on the direction Council was moving for the airport. His thought was why lease if flexibility was wanted and felt the Mayor's idea was too vague. Mayor Pro Tem Kamp motioned, Council Member Gregory seconded to adopt the ordinance. On roll call vote, Council Member Engelbrecht "nay", Council Member Watts "aye", Council Member King "aye", Council Member Heggins "aye", Council Member Gregory "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried with a 6-1 vote. 4. PUBLIC HEARINGS Ordinance No. 2010-195 A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending Subchapter 5 of the Denton Development Code modifying the height requirement in the General Regulations of the Industrial Center General (IC-G) zoning classification and use designation and adding to the limitations contained in Subchapter 5; providing a penalty in the maximum amount of $2,000.00 for violations thereof, providing a severability clause and an effective date (DCA10-0005). The Planning and Zoning Commission recommends approval (6-0). Mark Cunningham, Director of Planning and Development, stated that the request was to amend the Denton Development Code regarding the maximum allowed building height within the Industrial Center General district from 65 to 125 feet. He reviewed the current height standards for the Industrial Center Employment, Regional Center Commercial Downtown and Employment Center Commercial which were all set at one hundred feet; however, the maximum City of Denton City Council Minutes August 17, 2010 Page 16 building height in the Industrial Center General District was limited to 65 feet, despite its classification as an industrial zoning district. The required building maximum height for Target was 125 feet. Staff consulted with the FAA which indicated that the height could go up as high as 140 feet. Staff was recommending amending the Code to increase the height from 65 to 125 feet. The Planning and Zoning Commission recommended the height be increase by right to 125 feet and by a specific use permit to 140 feet. However, timing was an issue for Target and to do a specific use permit would require standards which would hamper the progress of the Target building. Mayor Burroughs questioned if the Planning and Zoning Commission recommended approval to 125 feet as a matter of right with a specific use permit up to 140, why was staff discounting the 140 feet mark. Cunningham stated that the Planning and Zoning Commission recommendation would still require an ordinance to vet out for the specific use permit and that would slow down the process. Mayor Burroughs questioned why staff was not recommending the 140 feet as approved by the FAA. Cunningham stated that they wanted a cushion for safety purposes. Council Member Engelbrecht stated that the reason for the amendment was that Target needed the additional height. He suggested researching system maximum heights and if 140 feet was what was needed, bring back an amendment to accommodate future developments. Council Member King suggested making an amendment to 140 feet. The Mayor opened public hearing. Kirk Williams, representative from Target, stated they were in agreement with the staff recommendation. Council Member Engelbrecht questioned if the 125 feet would give them any flexibility. Williams stated that the building height was at 120 feet. A concern was where the height was measured. He would be satisfied with 120 feet from the top of the slab so 125 feet would suit their needs. The Mayor closed the public hearing. Council Member Watts motioned, Council Member Engelbrecht seconded to adopt the ordinance changing the height to 140 feet. On roll call vote, Council Member Watts "aye", Council Member King "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. City of Denton City Council Minutes August 17, 2010 Page 17 Ordinance No. 2010-196 B. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas amending certain sections within Subchapters 3, 16, 22, and 23 of the Denton Development Code, relating to gas well drilling and production, definitions, and procedures, as previously amended by Ordinance No. 2010-181; and providing for a penalty in the maximum amount of $2,000 for violations thereof, severability and effective date. (DCA10-0006). The Planning and Zoning Commission recommends approval (5-0). Mark Cunningham, Director of Planning and Development, stated that after the Council's prior public hearing, staff had received many comments regarding the proposed amendments to 2010- 181. As a result of the concerns that were raised, staff conducted further review of Ordinance 2010-181 and was suggesting several amendments to the ordinance to address the concerns that were expressed, to eliminate potential ambiguous language, and to provide further clarity relative to the spirit and intent of the ordinance. The proposed amendments were as follows: 41 - Section 35.16.19.E - deleted language relative to fees in the ETJ. 42 - Section 35.22.2 - added language to the definition of "drilling and production area". 43 - Section 35.223.A - added language to allow gas well drilling and production by right for property that within the City that was unzoned, but would be subject to the Rural Residential 5 use regulations. 44 - Sections 35.223.B, 35.22.4.A.1, 35.22.10.A and C - amended language to provide applicability to code within a Planned Development and Master Planned Community District. 45 - Section 35.22.4.G - added language to address issues of legal non-conformity. The amendments would not apply to a gas well permit application if on August 4, 2010 a complete plat application, together with any required WPP application was pending, or the area to be platted was the subject of an approved SUP, PD, MPC for gas drilling and production. The amendments would also not apply if there was an approved gas well development plat that identified the gas well site and drilling activities for a gas well on another approved plat within 1,000 feet of the proposed well had started. Legal non-conforming permits stated that if a complete gas well permit application was pending on August 4, 2010; the application would not be subject to the separation standards prescribed in Section 35.22.5.A.1. 46 - Section 35.22.5.A.l.a, b, and d - revised language to clarify that minimum separation standards applied to habitable strictures. 47 - Section 35.22.5.e - added clarification regarding separation standards with a previously platted residential subdivision. 48 - Section 35.22.5.A.2.n - revised language to clarify screening requirements to clarify that screening was required only from habitable strictures and tied screening requirements to the sequencing requirements under 35.22.4. City of Denton City Council Minutes August 17, 2010 Page 18 49 - Section 35.5.A.6.p - deleted language as it could create a potential conflict with other codes. 410 - Section 35.22.5.C - clarified that the standards applied to gas well drilling and production in the city limits. #11 - Section 35.22.6.D - regarding gas well development site plan and watershed protection plan - deleted the second sentence because it did not fall under the heading of "criteria for approval". 412 - Section 35.22.10.I - expiration of gas well permit - revised language to provide delineation between the issuance of permits by the City and Texas Rail Road Commission. The Mayor opened the public hearing. The following individual spoke during the public hearing: Laura Anderson, Devon Energy - opposed Wendy Wharton, Devon Energy - opposed Randy Parker, Devon Energy - opposed Becky Escott, Encana Oil and Gas - opposed Sharon Cook, Encana Oil and Gas - opposed Mayor Burroughs asked Ms. Cook if Denton's fee schedule was unique or did other cities have similar fee schedules. Cook stated that she couldn't speak with all cites but she was familiar with Benbrook and Fort Worth. Their fee was $500 per year. Katie Lichtsteiner, Encana Oil and Gas - opposed Larry Reichhart, 1603 E. Windsor, Denton, 76209 - opposed Robert Miklos, K L Gates representing Devon and Encana - opposed Gilbert Horton, representing Devon Energy - opposed Martin Garza, K L Gates - opposed Elma Walker, 9805 Grandview, Denton, 76210 - spoke in favor. The Mayor closed the public hearing. Mayor Burroughs stated that Council, as citizen volunteers, addressed very complex issues and often replied on city staff to guide them and also on third parties for outside information. These issues were in many ways new and it was not easy to address these issues. Council knew that the issue would be coming back and that parts of it would need revisions. They would continue to do so as they worked through all of the issues and concerns raised by the public and by third parties. Mayor Pro Tem Kamp stated that Council had spent numerous hours on this issue, listening to citizens and outside agencies. This was the first step for this ordinance. Staff had provided them with a list of suggestions for minor corrections which were mostly editorial in nature. She City of Denton City Council Minutes August 17, 2010 Page 19 motioned to pass the ordinance as written and to include the minor corrections as noted per staff plus provide a definition of site specific authorization. Mayor Burroughs noted that this ordinance made amendments to the previous ordinance passed by Council. Council Member Gregory seconded the motion and indicated that this ordinance was a product of issues expressed by citizens and others which the Council was trying to address. He suggested another definition be included for an opaque masonry wall. Council Member Heggins stated that Council was listening with the intent to hear. Council Member Watts asked about a procedure question in regards to the minor corrections that were editorial in nature. He questioned if there was a need to read those into the record or display them on the overhead for people to see. City Attorney Burges stated that those could be shown if Council desired. Cunningham displayed the corrections on the overhead. Mayor Pro Tem Kamp motioned, Council Member Gregory seconded to adopt the ordinance with the minor editorial corrections as noted by staff. On roll call vote, Council Member Watts "aye", Council Member King "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. Resolution R2010-032 C. Hold a public hearing and consider approval of a resolution accepting the recommendations, implementation strategies and methodologies proposed in the Downtown Implementation Plan for the Downtown area, generally located south of Parkway and Withers Streets, north of Sycamore Street, east of Carroll Boulevard, and west of Frame and Exposition Streets; and providing an effective date. (SI10-0001). The Planning and Zoning Commission recommends approval (6-0) with conditions. Mark Cunningham, Director of Planning and Development, reviewed the area encompassing the DTIP. He indicated that public involvement included 9 Downtown Task Force meetings; 60 stakeholder interviews; 2 public meetings; online resources such as surveys, agendas, and drafts; Developer's Committee meetings; a Planning and Zoning Commission work session and public hearing. Elements of the Plan included a parking strategy; parks, recreation and open space; complete streets; architecture standards; implementation strategies; and supporting components such as a solid waste plan and Quakertown Park. Recommendations for funding mechanisms included a Tax Increment Finance District, a Public Improvement District and grants. He indicated that the Planning and Zoning Commission had recommended approval with the conditions that Quakertown Park be removed from the Plan and language be added regarding solid waste collection within the downtown area. City of Denton City Council Minutes August 17, 2010 Page 20 Rick Leisner, consultant with Jacobs, reviewed the components of the plan which included current events in Denton and downtown; goals and public participation; elements and recommendations; and implementation. A significant amount of growth was expected for the North Texas area. He noted that DCTA would play a significant role and must be planned for in the future. Denton public transportation was important as was transit-oriented development. The type of development that sustained value was reviewed. The city needed to focus on development standards to sustain suburban development. Project goals for the Downtown core included (1) the Downtown should be a vital part of Denton's economy, (2) Downtown should be a source of civic pride, (3) Downtown should have residents, offices, shops, and entertainment; (4) developments and infrastructure should reinforce the sense of Downtown as having a single neighborhood; (5) Downtown should contain a variety of things to do, (6) Downtown should be pedestrian friendly and an enjoyable place to walk, (7) Downtown should have linked parks and open spaces, and (8) new developments should increase the overall quality of Downtown. Public participation included stakeholder interviews, Downtown Task Force meetings, two public meetings, DTIP webpage, Planning Department outreach and DRC newspaper articles. Recommendations for the parking strategy were reviewed and included increased on-street parking, establishment of shared parking program, enlarged public parking lots, creation of wayfinding signage network for parking, establishment of a cash-in-lieu parking program and early action parking projects. Supporting items for parking would include a wayfinding signage program, special events parking, and an education program. The Park, Recreation and Open Space strategy was discussed with priority recommendations of increased on-street parking and the creation of music and fine art spaces. A Quakertown Park concept plan was developed and had been revised in response to the vision for Downtown. Zones to be developed in the park areas included urban open space, neighborhood components and regional areas. A suggestion had been received regarding closing the Civic Center pool and finding a suitable location for a new pool with the purpose of building an amphitheater in the area. Complete Streets Strategy components included safe efficient streets for vehicular movement; safe, pleasant and wide pedestrian walkways for citizens, shoppers and tourists; safe routes for bicycles on the street; and abundant parking along streets. Priority recommendations included adopting DTIP street standards for Downtown; modify the city Mobility Plan to include Downtown street standards; implement Hickory Street "Grand Street" project; implement "Mews Street" program for parking, safety and waste removal; and implement early action street and mobility items. Bicycle Mobility Strategy centered on a seamless connectivity concept. There should be dedicated bike lane/complete street concept where Sycamore Street would become a "complete street" with bike lanes and sidewalks. Shared travel lane would create a marked shared lane environment through the core along Elm and Locust and city-owned park land and should be considered for future trail links to the TWU campus. Architectural Design Guidelines would look at the top, middle and base components. Defining quality, place and architectural design elements would be involved. A LEED rating goal would be established for all new development in the Downtown area. City of Denton City Council Minutes August 17, 2010 Page 21 Solid Waste Strategy was recommended for two phases. Phase One would screen 100% of the containers in the Square District. Containers would be grouped together with a new pickup schedule. A pilot program would evaluate locations and service. Phase Two would establish a broad downtown recycling program and create a downtown recycling center. Part of the Solid Waste Strategy was the sharing of dumpsters. Form Based Code for Land Use would help establish future land use in the document. The Implementation Strategy would be a coordinated schedule to detail implementation projects and programs targeted to a specific area, defining comprehensive linkage with other elements. Council Member Gregory stated that he was not sure the recommendations for the streets would fit. Leisner stated that there were many recommendations they were are looking at for building or set back line for new development. Council Member Gregory stated that one component was making Sycamore Street the bike route from the Transit Center to UNT. He had measured Sycamore Street from curb to curb and found it was 30 feet in some section, 40 feet in another section and 34 feet in yet another. The plan called for curb to curb of 48 feet which meant taking out property on each side. He did not think that would happen due to the relocation costs of sidewalks, etc. Leisner stated that right now they were working with existing right of way. They were adding pavement to create parking on both sides and find the setback lines. Only existing property owners or new development could move a building back to create a wider pedestrian sidewalk. Improvements would occur during the redevelopment process. Council Member Gregory felt that somewhere in the street area, the text should indicate that this was a concept plan and currently the rights of ways allowed in the streets were not wide enough as shown in plan. This was a concept and not something that could be committed to. Leisner stated that language could be added. They were trying to create an environment that fostered extended movement of pedestrians, movement of transit and needed to accommodate pedestrians in the downtown area. The progression would be to go from the master plan document to the detailed survey to look at dimensions on the streets. Council Member Gregory stated that he wanted it clear that this was a vision and not a guarantee on how it would be built. Council Member Watts agreed that this resolution was a concept and not a guarantee to build as presented. The Mayor opened the public hearing. The following individual spoke during the public hearing: Larry Reichhart, 1600 Windsor Drive, Denton, 76209 - in support City of Denton City Council Minutes August 17, 2010 Page 22 Alex Payne, 923 Ridgecrest, Denton, 87205 - in support Katie Trice, 921 North Carroll, Denton Gilmore Morris, 2005 Bowling Green, Denton Steve Stone, 6327 Freeman Road, Krim Linnie McAdams, 1120 Kendolph Drive, Denton The Mayor closed the public hearing. Council Member Engelbrecht noted that this proposal was a resolution and not an ordinance. It was accepting the recommendations for strategies on how to move forward in the downtown area. Mayor Burroughs stated that some components could be done fairly quickly and some may take years. Others may never be done due to unexpected situations. This was a give staff direction document. Mayor Pro Tern Kamp motioned, Council Member Engelbrecht seconded to approve the resolution. On roll call vote, Council Member Watts "aye", Council Member King "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tern Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider approval of a resolution of the City Council of the City of Denton, Texas placing a proposal on the September 21, 2010, City Council public meeting agenda to adopt a 2010 Tax Rate that will exceed the lower of the rollback rate or the effective tax rate; calling two public hearings on a tax increase to be held on September 7 and September 14, 2010 and calling a budget public hearing on the Fiscal Year 2010-11 Annual Program of Services of the City of Denton to be held on September 7, 2010; requiring publication of a notice of the public hearings in accordance with the law; requiring the posting of the notice of the public hearings on a tax increase on the City's Internet website; requiring the posting of the notice on the City's public access channel; and providing an effective date. (Required only if tax rate is proposed to exceed the effective tax rate.) Mayor Burroughs stated that this item was on the agenda for a time deadline if Council wanted to increase the tax rate over the effective tax rate. Council had given staff direction that the tax rate would not be set over the effective tax rate so the resolution would not be considered. The following speaker cards were submitted for this item: Ken Gold, 2512 Natchez Trace, Denton, 76210 Mike Tucker, 7160 Michael Road, Sanger, 76266 Comment cards were submitted by: Charles Howell, 6490 E. Wolfe Rd., Ponder, 76259 Stan Gertz, 4913 Cedar Springs, Dr., Fort Worth, 76179 Lisa Parker, 204 Buckingham Drive, Denton, 76209 City of Denton City Council Minutes August 17, 2010 Page 23 Council Member Heggins stated she was not in favor of cutting staffing at the Fire Department and service by the Fire Department. Mayor Burroughs stated that this not an issue of staffing but an overtime issue for the Fire Department. The amount of overtime dollars for the Fire Department was very large and there must be some control over discretionary overtime. He had asked staff to consider a floating fulltime person rather than time and a half person. The issue did not involve the tax rate to do so. Council Member Watts stated that this was a struggle to consider as there was no clearly defined policy on the issue. He felt some brainstorming needed to be done to see what could be done. The struggle was with two engines that were manned with 4 people per engine. It was being suggested to use two additional individuals as floaters so overtime would not have to be paid. It was an ideal goal to have all four member engines but that there was the necessity to stay on point. Jon Fortune, Assistant City Manager, pointed out that all city departments were asked to cut overtime not just the Fire Department. The impact was $140,000 straight salary time. Council Member Gregory stated that he was frequently approached by citizens for additional services but when he asked them if they wanted to pay additional taxes for those services, they did not. There were also those groups of citizens who wanted to reduce taxes but who didn't want to reduce any services they used. Ordinance No. 2010-197 B. Consider adoption of an ordinance terminating an Economic Development Program under Chapter 380 of the Local government Code for making grants of Public money to promote economic development and to stimulate business activity in the city of Denton; terminating an Economic Development Program Grant Agreement with SFT Industrial, Ltd. Regarding the development of approximately 94 acres of land generally located on the west side of I-35W approximately 3/4 mile south of Airport Road within the O.S. Brewster Survey, Abstract No. 56 and the Thomas Daugherty Survey, Abstract No. 357 in the City of Denton, Denton County Texas; authorizing the expenditure of funds therefor; and providing an effective date. The Economic Development Partnership Board recommends approval (6-0). Linda Ratliff, Director of Economic Development, stated that this item was the termination of the Economic Development Program Grant Agreement with Granite Properties. This was being done at their request to facilitate the sale of one of their buildings and to pass the incentive grant payment to a company who would be purchasing the property. The term of the agreement was ten years with three years of incentives. Council Member Gregory motioned, Council Member Engelbrecht seconded to adopt the ordinance. On roll call vote, Council Member Watts "aye", Council Member King "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. City of Denton City Council Minutes August 17, 2010 Page 24 Ordinance No. 2010-198 C. Consider adoption of an ordinance establishing an Economic Development Program under Chapter 380 of the Local Government Code for making grants of public money to promote economic development and to stimulate business activity in the City of Denton; approving an Economic Development Program Grant Agreement with Grand Mesa, LLC, regarding the renovation of a 152,000 square foot building and 36.026 acres of land generally located on the west side of I-35W in the Granite Point Business Park in Denton, Texas; authorizing the expenditure of funds therefor; and providing an effective date. The Economic Development Partnership Board recommends approval (6-0). Linda Ratliff, Director of Economic Development, stated that this was a companion item with the former agreement. Grand Mesa was purchasing the property for their client and will renovate and equip the building to meet their client's needs. The agreement indicated that a minimum threshold of 80 jobs with an average wage of $45,000 per year was necessary to receive any payments. If there was less than the minimum threshold of 80 people or provided an average wage of less than $45,000, the grant payment would be reduced by the percent decrease the actual employment or actual wage bore to the thresholds set within the agreement. If this agreement were approved, Grand Mesa would go back to its client to determine if they wanted to locate in Denton. Council Member Watts asked about the threshold number of employees or average wage. There could be a scenario where a higher wage versus the number of employees. Ratliff stated that the language was "and" so both thresholds had to be met. Council Member Gregory motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance. On roll call vote, Council Member Watts "aye", Council Member King "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. D. Consider appointments to the following boards and commissions: 1. Human Services Advisory Committee 2. Library Board 3. Zoning Board of Adjustment 4. Texas Municipal Power Agency Board Council Member Engelbrecht nominated Carol Coulter to the Library Board. Mayor Pro Tem Kamp nominated Billy Cheek to the TMPA Board of Directors. City of Denton City Council Minutes August 17, 2010 Page 25 Council Member King motioned, Council Member Engelbrecht seconded to approve the nominations. On roll call vote, Council Member Watts "aye", Council Member King "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. E. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: A. Jennifer Lane regarding a bad experience with the justice system. Ms. Lane presented information on a traffic accident she had while riding her bicycle and the resulting incidents at Municipal Court. Council Member Engelbrecht asked about the pedestrian signal where the pedestrian button was relative to where Ms. Lane would have crossed the road. Lane described where the lanes were located in connection to the pedestrian button. Council Member Engelbrecht stated that Ms. Lane had indicated that she had gone back and checked the timing of the light and had a video of amount of time light was green. Lane stated that she had a video of the timing of the light. Council Member Engelbrecht asked how long it took to get across the intersection. Lane replied 8-10 seconds. Council Member Gregory asked Ms. Lane if she had been in other cities with cycling experiences. Lane stated that she had been cycling in several other cities. Some cities had stop sign and lights for cyclists which were yields so as to not hamper the flow of traffic after the light turned green. Council Member Gregory asked for a review of the problem with the justice system Lane stated that she could not get a date to attend court. Only one continuance was allowed per side. She wanted to come early for Court as she was performing out of town but could not get a court date. She made the decision to honor the prior commitment and took no contest for the ticket. She felt someone in Denton could only have justice only he/she worked 8-5 and didn't go out of town. City of Denton City Council Minutes August 17, 2010 Page 26 B. Josh Butler regarding Denton Public Access Television. Mr. Butler presented a proposal to combine Texas Filmmakers with the public access channel. He suggested using the Denton Open Media model for the public access channel. C. Dale Branum regarding Denton Public Access Television. Mr. Branum spoke about public access channel and his support for the Texas Filmmakers proposal. D. Theresa Westbrook regarding Denton Public Access Television. Ms. Westbrook, representing the Christian community, spoke on the two proposals being considered from UNT and Texas Filmmakers. E. Donna F. Woodfork regarding Denton Public Access Television. Ms. Woodfork presented a proposal for the use of the peg fees for the public access channel. She also questioned how the Council concluded that 100% of the peg dollars would only be used for DTV. She felt the peg fees should be shared with the community access channel. F. John Paul Eddy regarding Denton Public Access Television. Dr. Eddy voiced his support for the proposal from the Texas Filmmakers. F. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Council Member Gregory asked for a work session on the change from Charter on the public access channel. Council Member Gregory asked for a staff report regarding the timing of the green light at the intersection of Malone and University. City of Denton City Council Minutes August 17, 2010 Page 27 Council Member Watts requested a report on the peg fees. Council Member Engelbrecht had the same comment on the public access channel. Council Member Engelbrecht requested timing cycles for every day at every hour want for University and Fulton and University and Alice Street. He requested complete data on the cycles and whether there were any guides with regard for minimum time in regards to the width of intersections. G. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of Closed Meeting. H. 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 10:32 p.m. MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES September 7, 2010 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, September 7, 2010 at 4:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Council Member Watts, Council Member King, Council Member Heggins, Council Member Gregory, Council Member Engelbrecht, and Mayor Burroughs. ABSENT: Mayor Pro Tem Kamp. 1. Requests for clarification of agenda items listed on the agenda for September 7, 2010. Council Member Gregory asked if the funds for Consent Item C were from the 2009-10 budget or the 2010-11 budget. Jon Fortune, Assistant City Manager, stated it was from certificates of obligation sold this year. 2. Receive a report, hold a discussion, and give staff direction on the 2010-11 Proposed Budget, Capital Improvement Program, and Five-Year Financial Forecast. Bryan Langley, Director of Finance, presented an overview of the proposed budget. He stated that after the proposed budget had been presented to Council, there had been a number of changes. He detailed those changes and their associated budget impact. General Fund budget - the City Manager's proposed budget for the General Fund was recommended to be $90 million. Due to various changes, the General Fund revenue was proposed to decrease by $88,037. The proposed tax rate was increased to the effective rate, the over 65 tax exemption was increased by $5,000, the General Fund would receive a reimbursement from DME for 75% of Urban Forester cost and reserves in the amount of $1.2 million would be used. Other funds - The Technology Services fund was proposed to have a budget increase of $250,000 to provide funding for a disaster recovery data center. The Recreation fund was proposed to have a $82,042 increase to provide funding for temporary seasonal staffing due to frozen vacant positions in the General Fund. The Non-Airport Gas Well fund was proposed a budget decrease of $1.6 million due to the uncertainty regarding the cost estimates for the new animal shelter and development studies. The Tree Mitigation fund was proposed to have a decrease of $78,514 due to the elimination of the transfer to the General Fund for the Urban Forester position. The Capital Improvement Fund budget was proposed to be increased by $2 million for additional debt issuance capacity for the Public Safety Training Facility. Budget summary - The total revised budget was proposed to increase by $653,528. Unless there were additional changes, the revised budget and tax rate would be presented to City Council for approval on September 21st. Council Member Watts questioned whether there had been conversations with the city's legislative delegates regarding dates the grants had to be used by. Langley stated that some of the grants did have an expiration date. City of Denton City Council Minutes September 7, 2010 Page 2 Council Member Watts asked when would the city be able to draw on those funds. Langley stated that staff would need to work out those details. Some of the funds may be able to be reprogrammed for the following year. Council Member Watts asked if debt would have to be issued. Langley replied that it would just give the city the ability to do so if it wanted. He continued that Customer Service hours of operation were proposed to be reduced as noted in prior meetings. Mayor Burroughs asked if there was a particular event/time frame when Customer Service had a spike in after hour usage and if so, could staff be upped for those types of spikes. Langley stated that there were no real spike issues throughout cycles. If one would happen, staff could be reallocated for the demand. Mayor Burroughs asked about the estimated cost savings. Langley stated it would be approximately $74,000. Council Member Heggins asked how this would affect staff. Langley stated that there currently was one vacancy which would be eliminated and less would be spent on overtime. There would be no layoffs or staff reductions. Council Member Gregory stated that he understood and agreed with the concept of the Urban Forester position with DME paying for services received from other departments. He was concerned by the 3/4 of time that was allocated to DME. He would be more comfortable with a 50% transfer as the position was more than tree trimming in electrical lines. City Manager Campbell stated that regardless of the split, staff would take more careful look during the next year and then adjust and make changes to the next year's budget. The dollars were not significant enough to make a difference. Mayor Burroughs felt that the division was not the key issue. The key issue was that the job allocation did not get shifted and then the forester would not be able to attend to functions that he was originally intended to do. City Manager Campbell state that the intent was to keep the position in the Planning Department with the primary function for which job was created coming first. The intention was not to take away from the duties that were designed for the position. Council Member Watts stated that he was in agreement with the allocation as proposed. If, in the future, it was found that there was additional need in either area, there may be a need to hire additional personnel. City of Denton City Council Minutes September 7, 2010 Page 3 Langley continued with budget development strategies. A key role of city management was to provide services in the most cost effective and efficient manner possible. To address the 2010- 11 budget issues, the City Manager asked each department to review operations and provide reductions. The emphasis was to maintain key service levels and promote fiscal discipline. The departments were asked to identify methods to become more efficient and cost effective. Since approximately 50% of General Fund was allocated to police and fire, options had to be considered to meaningfully reduce costs without impacting services. In addition to Police and Fire, numerous reductions were made to all operating departments within the General Fund. Due to some recent questions concerning the Fire Department, staff was providing a more detailed overview of this department's budget. Of the $20.8 million in General Fund dollars for fire, 88% of the cost was personnel services. He presented a budget comparison with comparative cities and fire department's budgets per capita. Staff also looked at Fire Department budget comparisons in terms of full-time employees. Compared to peer cities, the Denton Fire Department was disproportionately more expensive. The level of service was comparable to these departments. As a result, management had attempted to identify and mitigate the key drivers that were influencing the above average cost stricture. One such key cost driver was overtime which was estimated to be approximately $400,000 in 2009-10. Mayor Burroughs asked if the $400,000 include base time or time and a half. Langley stated it was only for overtime and did not include regular salaries. Ross Chadwick, Fire Chief, presented information on Denton Fire/Rescue budget priorities. Those included citizen safety, firefighter safety, and responsible use of taxpayer money. He reviewed firefighter injuries for a 10 year period which coordinated with their Strategic Plan Goal 41 to maintain a healthy and safe workforce and workplace environment. A big discussion item for the past several weeks was staffing. The current daily staffing level was 47 assigned personnel. The daily minimum staffing level was 7 scheduled leaves, 3 unscheduled leaves for an end result of 37 minimum daily staffing. When the minimum daily staffing went below 37, overtime was paid. The proposed daily staffing level was 47 personnel assigned. That amounted to no reductions in the daily staffing level. The daily minimum staffing level would be 7 scheduled leaves, 5 unscheduled leaves for a total of 35 minimum daily staffing. NFPA 1710 was a deployment standard that suggested how to get individuals to the scene and did not involve staffing. This Standard was not adopted by the City of Denton, was not adopted by any North Texas Fire Department, and was not adopted by the Texas Commission on Fire Protection. It was actively opposed by the National League of Cities, the US Conference of Mayors, ICMA, International Personnel Management Association, the National Public Employer Labor Relations Association and many State Fire Chief Associations. He noted that the Standard was actively criticized by the Commission on Fire Accreditation International, the Center for Public Safety Excellence, the State Fire Chiefs Associations, the Texas Fire Chiefs Association, and had received over 1,000 negative public comments. A quote regarding NFPA 1710 from the US Conference of Mayors indicated that it was not adopted due to the staffing component of the standard. There was only one organization which actively supported NFPA 1710 which was the International Association of Fire Fighters. In Denton, most fire/rescue emergency responses were emergency medical services. In 2009 there were a total of 10,210 calls with only 330 calls relating to stricture fires, building fires, vehicle fires, vegetation fires, rubbish fires and other fires. Of those 330 calls only 54 were City of Denton City Council Minutes September 7, 2010 Page 4 building fires. NFPA 1710 stated that a fire department should identify the minimum company staffing levels as necessary to meet the deployment criteria required to ensure that a sufficient number of members were assigned on-duty and effectively respond with each company. In Denton there were always 16 firefighters on an initial attack. The department's strategic plan was to staff all engine companies with a minimum staffing of three firefighters, reduce Engine 6 and 7 from the current minimum staffing of four each to meet the minimum engine company staffing of three and develop a plan to phase in a medic ambulance at every fire station to provide a minimum fire station staffing of five; three on the engine and two on the ambulance. However, if the Fire Station housed a quint, the minimum fire station staffing would be six. He reviewed comparative cities for engine companies, engine/1,000 people and engine staffing. Those cities were also compared with staffing all trick companies with a minimum staffing of four firefighters in terms of trick companies, trick/1,000 people and trick staffing. A fourth goal of the Department's strategic plan was to operate Denton fire/rescue effectively and efficiently while maintaining adequate service level. The staffing recommendation was to provide a continuous minimum daily staffing level established by Denton Fire Rescue management staff and city management and approved by the City Council in the Fire Rescue's annual budget which met acceptable operational requirements and community expectations of fire rescue service levels in response to fires, EMS and special emergency operations. The conclusion of that recommendation was that it was based on the department's strategic planning, had no impact on citizen safety, had no reduction in service level, had no impact on firefighter safety, and was the best use of city resources. Council Member Heggins asked when overtime had to be paid. Chadwick stated that a firefighter worked 56 hours and overtime would have to be paid after 53 hours of work. Council Member Heggins questioned if NFPA indicated 15 firefighters on daily shift, why did Denton have 16. City Manager Campbell stated that the city's standards already exceed the minimum suggested staffing. Council Member Gregory stated that the current schedule was on 24/off 48. He questioned if a different type of on-off schedule might reduce the built-in overtime hours that came with the current schedule. Chadwick stated that another type of schedule would require the hiring of a lot more people. Right now, based on the amount of calls, 24/48 was the most efficient schedule. Council Member Gregory stated that he would like to hear back on issue of leave and how vacation days compared with the schedule, etc. Council Member Gregory questioned whether the bike mobility plan was moving forward. City of Denton City Council Minutes September 7, 2010 Page 5 City Manager Campbell stated that the project had been identified in bond money. If Council was comfortable with budget, he could execute the contract at any time. Consensus of the Council was to proceed with the contract. Council Member Engelbrecht requested a report on the Fire Rescue's strategic plan as it moved forward, particularly regarding EMS calls and future plans for EMS personnel at all stations. Chadwick stated that he could return later to update Council on how the proposed scheduling was working. Following the completion of the Work Session, the Council convened into a Closed Session. 1. Closed Meeting: A. Deliberations regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086; Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; Consultation with Attorney - Under Texas Government Code, Section 551.071. 1. Discuss, deliberate and receive information from staff and provide staff with direction pertaining to further legal matters affecting the settlement tentatively approved on March 9, 2010 by and between the City, DBT Porcupine, L1, a Delaware Business Trust ("DBT") and BDC Family Limited Partnership, a Texas Limited Partnership regarding the settlement of conflicting legal claims and the granting of an easement to the City by DBT regarding that certain 3.814 acre tract of land situated at the northeast corner of Loop 288 and Spencer Road, in the City of Denton, Denton County, Texas and lying in the Mary L. Austin Survey, Abstract No. 4 and in the M.E.P. and P.R.R. Survey, Abstract No. 927, in the City of Denton, Denton County, Texas. Consultation with the City's attorneys regarding further legal issues associated with the compromise of conflicting claims regarding said land, where such discussion and deliberation in an open meeting would have a detrimental effect on the position of the City Council in negotiations regarding a final settlement of such claim and 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. B. Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086. 1. Receive competitive public power information from staff in the form of a proposed operating budget for Denton Municipal Electric ("DME") for the upcoming fiscal year, including without limitation, revenues, expenses, commodity volumes, and commitments, and the direction of DME; and discuss, deliberate, consider adoption of the budget and other matters, and City of Denton City Council Minutes September 7, 2010 Page 6 provide staff with direction regarding such matters. C. Consultation with Attorney -Under Texas Government Code, Section 551.071. 1. Receive a report and hold a discussion with the City's attorneys regarding legal issues related to the power and authority of the Denton County Transportation Authority ("DCTA") to acquire real property interests within the municipal boundaries of the City of Denton and actions of the City of Denton required for DCTA's acquisition of such real property interests. The duty of the City's attorneys to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code in this matter. The Council convened in a Regular Meeting at 7:00 p.m. in the Council Chambers. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS There were no proclamations/presentations for this meeting. 3. CONSENT AGENDA Council Member Gregory motioned, Council Member Watts seconded to approve the Consent Agenda and accompanying ordinances and resolutions using the substitute ordinance for Item 3B provided them during the Work Session and providing more direction for Item 3K, specifically regarding the earnest money settlement repayment if not closed. On roll call vote, Council Member Watts "aye", Council Member King "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", and Mayor Burroughs "aye". Motion carried unanimously. Ordinance No. 2010-199 A. Consider adoption of an ordinance authorizing the City Manager to execute Change Order Number Five to the contract between the City of Denton and Terra-Solve, Inc. for design services related to the constriction of a fleet fueling facility located at 1251 South Mayhill Road; providing for the expenditure of funds therefor; and providing an effective date (File 4124-Change Order Number Five in the amount of $6,438 for a total contract amount of $104,075.97). City of Denton City Council Minutes September 7, 2010 Page 7 Ordinance No. 2010-200 B. Consider adoption of an ordinance authorizing the City Manager to execute Change Order Number Four to the contract between the City of Denton and Terra-Solve, Inc. for design services related to the constriction of a trick wash facility located at 1251 South Mayhill Road; providing for the expenditure of funds therefor; and providing an effective date (File 4125-Change Order Four in the amount of $12,337.27 for a total contract amount of $106,327.27). Ordinance No. 2010-201 C. Consider adoption of an ordinance accepting competitive bids by way of an Interlocal Agreement with Harris County Department of Education and awarding a contract for the purchase and installation of two chiller units to service City of Denton facilities; providing for the expenditure of funds therefor; and providing an effective date (File 4552-Interlocal Agreement for Purchase and Installation of Two Chillers with Harris County Department of Education, contract awarded to Brandt Engineering in the amount of $440,544). Ordinance No. 2010-202 D. Consider adoption of an ordinance approving a "First Amendment to Professional Services Agreement for Architect or Engineer" by and between the City of Denton, Texas and Malcolm Pirnie, Inc. to provide engineering services for the design of the Lake Lewisville Water Treatment Plant rehabilitation and process upgrade; authorizing the expenditure of funds therefor; and providing an effective date (File 4399-providing for an additional $139,100 for additional services on the project for a total award of $2,739,100). The Public Utilities Board recommends approval (5-0). Ordinance No. 2010-203 E. Consider adoption of an ordinance of the City of Denton, Texas, approving an amendment to a service agreement dated March 2, 2010 between the City of Denton and the Tejas Storytelling Association; and providing an effective date. ($350) Ordinance No. 2010-204 F. Consider adoption of an ordinance repealing and replacing Ordinance No. 2006-113 of the City of Denton, Texas, establishing fees to be charged for emergency ambulance services and standby emergency ambulance services in the city as provided for in Section 27-102 of Article IV of Chapter 27 "Vehicles for Hire" of the Code of Ordinances of the City of Denton, Texas; repealing all ordinances in conflict herewith; providing a severability clause; and providing an effective date. Ordinance No. 2010-205 G. Consider adoption of an ordinance of the City of Denton, Texas amending a contract with Intermedix, Inc. for patient care reporting and emergency medical service (EMS) billing for the City of Denton Fire Department by amending provisions relating to the termination of collection efforts and compensation for services provided; authorizing the expenditure of funds therefor; and providing an effective date. City of Denton City Council Minutes September 7, 2010 Page 8 Resolution No. R2010-033 H. Consider approval of a resolution by the City Council of the City of Denton relating to the issuance of bonds by North Texas Higher Education Authority, Inc.; approving the issuance of such bonds and the use of the proceeds of such bonds; recognizing that the City has no financial obligation to pay any principal or interest on the bonds, and making certain findings in connection therewith; and providing an effective date. Ordinance No. 2010-206 L Consider adoption of an ordinance of the City of Denton, Texas, approving the extension of the term of a contract between the City of Denton, Texas and VP Imaging DBA DocuNav Solutions (BID NO. 4450) for an electronic document archiving system for the Planning and Development Department; authorizing the expenditure of funds therefor; providing a repealing clause; providing a severability clause; and providing an effective date. Ordinance No. 2010-207 J. Consider adoption of an ordinance authorizing the City Manager to approve a first amendment to an Airport Lease Agreement approved by Resolution R87-054 dated September 15, 1987, between the City of Denton, Texas and First Financial Resources, Inc. at Denton Municipal Airport; and providing an effective date. The Airport Advisory Board recommends approval (6-0). Ordinance No. 2010-208 K. Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the Final Compromise, Settlement and Release of All Claims by and between the City of Denton, Texas, DBT Porcupine, L1, a Delaware Business Trust and BDC Family Limited Partnership, a Texas Limited Partnership; authorizing the City Manager and City Attorney to act on the City's behalf in executing any and all conveyances and other supporting documents pertaining thereto; and to take such other and further actions as are necessary to effectuate and finalize the settlement; authorizing the City Manager to execute a Quit Claim Deed regarding the tract in issue; authorizing the City Manager to receive an easement on behalf of the City of Denton, Texas; authorizing the expenditure of funds therefor; and declaring an effective date. 4. PUBLIC HEARINGS A. Hold a public hearing and receive citizen input on the FY 2010-11 Proposed Budget. Bryan Langley, Director of Finance, presented an overview of the proposed budget. He stated that after the proposed budget had been presented to Council, there had been a number of changes. He detailed those changes and their associated budget impact. General Fund budget - the City Manager's proposed budget for the General Fund was recommended to be $90 million. Due to various changes, the General Fund revenue was proposed to decrease by $88,037. The proposed tax rate was increased to the effective rate, the over 65 tax exemption was increased by $5,000, the General Fund would receive a City of Denton City Council Minutes September 7, 2010 Page 9 reimbursement from DME for 75% of Urban Forester cost and reserves in the amount of $1.2 million would be used. Other funds - The Technology Services fund was proposed to have a budget increase of $250,000 to provide funding for a disaster recovery data center. The Recreation fund was proposed to have a $82,042 increase to provide funding for temporary seasonal staffing due to frozen vacant positions in the General Fund. The Non-Airport Gas Well fund was proposed a budget decrease of $1.6 million due to the uncertainty regarding the cost estimates for the new animal shelter and development studies. The Tree Mitigation fund was proposed to have a decrease of $78,514 due to the elimination of the transfer to the General Fund for the Urban Forester position. The Capital Improvement Fund budget was proposed to be increased by $2 million for additional debt issuance capacity for the Public Safety Training Facility. Budget summary - The total revised budget was proposed to increase by $653,528. Unless there were additional changes, the revised budget and tax rate would be presented to City Council for approval on September 21st. Customer Service hours of operation were proposed to be reduced as noted in prior meetings. Budget development strategies - A key role of city management was to provide services in the most cost effective and efficient manner possible. To address the 2010-11 budget issues, the City Manager asked each department to review operations and provide reductions. The emphasis was to maintain key service levels and promote fiscal discipline. The departments were asked to identify methods to become more efficient and cost effective. Since approximately 50% of General Fund was allocated to police and fire, options had to be considered to meaningfully reduce costs without impacting services. In addition to Police and Fire, numerous reductions were made to all operating departments within the General Fund. Due to some recent questions concerning the Fire Department, staff was providing a more detailed overview of this department's budget. Of the $20.8 million in General Fund dollars for fire, 88% of the cost was personnel services. He presented a budget comparison with comparative cities and fire department's budgets per capita. Staff also looked at Fire Department budget comparisons in terms of full-time employees. Compared to peer cities, the Denton Fire Department was disproportionately more expensive. The level of service was comparable to these departments. As a result, management had attempted to identify and mitigate the key drivers that were influencing the above average cost stricture. One such key cost driver was overtime which was estimated to be approximately $400,000 in 2009-10. Ross Chadwick, Fire Chief, presented information on Denton Fire/Rescue budget priorities. Those included citizen safety, firefighter safety, and responsible use of taxpayer money. He reviewed firefighter injuries for a 10 year period which coordinated with their Strategic Plan Goal 41 to maintain a healthy and safe workforce and workplace environment. A big discussion item for the past several weeks was staffing. The current daily staffing level was 47 assigned personnel. The daily minimum staffing level was 7 scheduled leaves, 3 unscheduled leaves for an end result of 37 minimum daily staffing. When the minimum daily staffing went below 37, overtime was paid. The proposed daily staffing level was 47 personnel assigned. That amounted to no reductions in the daily staffing level. The daily minimum staffing level would be 7 scheduled leaves, 5 unscheduled leaves for a total of 35 minimum daily staffing. NFPA 1710 was a deployment standard that suggested how to get individuals to the scene and did not involve staffing. This Standard was not adopted by the City of Denton, was not adopted by any North City of Denton City Council Minutes September 7, 2010 Page 10 Texas Fire Department, and was not adopted by the Texas Commission on Fire Protection. It was actively opposed by the National League of Cities, the US Conference of Mayors, ICMA, International Personnel Management Association, the National Public Employer Labor Relations Association and many State Fire Chief associations. He noted that the Standard was actively criticized by the Commission on Fire Accreditation International, the Center for Public Safety Excellence, the State Fire Chiefs Associations, the Texas Fire Chiefs Association, and had received over 1,000 negative public comments. A quote regarding NFPA 1710 from the US Conference of Mayors indicated that it was not adopted due to the staffing component of the standard. There was only one organization which actively supported NFPA 1710 which was the International Association of Fire Fighters. In Denton, most fire/rescue emergency responses were emergency medical services. In 2009 there were a total of 10,210 calls with only 330 calls relating to stricture fires, building fires, vehicle fires, vegetation fires, rubbish fires and other fires. Of those 330 calls only 54 were building fires. NFPA 1710 stated that a fire department should identify the minimum company staffing levels as necessary to meet the deployment criteria required to ensure that a sufficient number of members were assigned, on-duty and effectively respond with each company. In Denton there were always 16 firefighters on an initial attack. The department's strategic plan was to staff all engine companies with a minimum staffing of three firefighters, reduce Engine 6 and 7 from the current minimum staffing of four each to meet the minimum engine company staffing of three and develop a plan to phase in a medic ambulance at every fire station to provide a minimum fire station staffing of five; three on the engine and two on the ambulance. However, if the Fire Station housed a quint, the minimum fire station staffing would be six. He reviewed comparative cities for engine companies, engine/1,000 people and engine staffing. Those cities were also compared with staffing all trick companies with a minimum staffing of four firefighters in terms of trick companies, truck/1,000 people and trick staffing. A fourth goal of the Department's strategic plan was to operate Denton fire/rescue effectively and efficiently while maintaining adequate service level. The staffing recommendation was to provide a continuous minimum daily staffing level established by Denton Fire Rescue management staff and city management and approved by the City Council in the Fire Rescue's annual budget which met acceptable operational requirements and community expectations of fire rescue service levels in response to fires, EMS and special emergency operations. The conclusion of that recommendation was that it was based on the department's strategic planning, had no impact on citizen safety, had no reduction in service level, had no impact on firefighter safety, and was the best use of city resources. The Mayor opened the public hearing. The following individuals spoke during the public hearing: Ken Gold, 2512 Natchez Trace, Denton, 76210 -opposed to changes in Fire Department overtime budget Brice and Elma Walker, 9805 Grandview Drive, Denton, 76202 - support of over 65 tax exemption City of Denton City Council Minutes September 7, 2010 Page 11 Dicky Ewing, 700 Ticonderoga, Denton, 76205 - opposed to proposed change in Fire Department overtime Mayor Burroughs asked Mr. Ewing if the department he worked with had emergency medical services operated by fire fighters. Ewing replied yes and that fire departments make more emergency medical call than fire calls. It was assumed that a medic was available on first response which might not be the case due to the number of calls made by emergency medical services. Council Member Gregory asked Mr. Ewing which department he worked for. Ewing replied the Dallas Fire Department. Charlotte Giles, 904 Sandpiper, Denton, 76205 - spoke in support of fire fighters Mayor Burroughs noted that Comment Cards were received from the following: Stephen and Alice H. Fellows, 9024 Crestview, Denton, 76207 - support for over 65 tax exemption Nancy and Gary Tong, 9417 Perimeter, Denton, 76207 - support for senior tax exemption John and Dorothy Fersch, 9609 Lindenwood Trail, Denton, 76207 - support for senior tax exemption Judy Giese, 1602 Highland Park, Denton, 76205 - against senior tax exemption Donald Phillips, 9812 Grandview, Denton, 76207 - support for tax exemption over 65 Jeff Knoles, 106 West Plum, Aubrey, 76227 - opposed to changes for fire fighters Mike Tucker, 7160 Michael Road, Sanger, 76266 - opposed to changes for fire fighters Elaine Diver, 204 Hollyhill, Denton, 76205 - opposed to changes for fire fighters Lonny Britten, no address given - opposed to changes for fire fighters Mike Holdsclaw, 1200 Dallas Drive 4611, Denton, 76205 - opposed to changes for fire fighters Chris Ahrens, 509 Legends Drive, Lewisville, 75057 - opposed to changes for fire fighters Wade Morton, 332 W. Hickory, Denton, 76201 - opposed to changes for fire fighters The Mayor closed the public hearing. Council Member Watts questioned if ambulance fees were included in the budget process for the Fire Department. Langley stated they were included in the General Fund. The fees were estimated to be $2.6 million next year compared to the Fire Department budget of $21 million budget. City of Denton City Council Minutes September 7, 2010 Page 12 5. ITEMS FOR INDIVIDUAL CONSIDERATION Ordinance No. 2010-209 A. Consider adoption of an ordinance of the City of Denton, Texas, amending Chapter 14 of the Code of Ordinances by adding Article IV Section 14-91, Illegal Smoking Products, to prohibit the use, purchase, possession and sale of salviadivinorum or salvinorum or any synthetic cannabinoid known or sold under such names as "Spice," "Genie," "DaScents," "Zohai," "K-2," and "KO Knockout 2" and any analogue or variant thereof by whatsoever name it may be called for public health purposes; providing a repealing clause; providing a savings clause; providing a severability clause; providing for penalty of fine not to exceed Five Hundred Dollars ($500.00); and providing for an effective date. Chief Minter presented information on the substance, describing K2 and the origins of K2 plus the proposed ban of the substance. K2 was legal in Texas under federal law. Fourteen states had passed or had proposed legislation action against K2. Several cities in the area had already passed ordinances to make the possession of K2 illegal or regulated. He reviewed the cases in Denton and provided information where K2 could be purchased. Council had a proposed ordinance to consider regarding a ban on the substance. Stephanie Berry, Assistant City Attorney, stated the ordinance would make it illegal to use, possess or sell K2. The Legislature did not have the freedom that the Council had to control the substance. She noted that Iowa had a death this summer from the use of K2. Council Member Gregory asked when the ordinance would go into effect. Berry stated that it would be 14 days from date of passage. She also reviewed some minor changes made in ordinance for council to consider. Council Member Heggins motioned, Council Member King seconded to adopt the ordinance. On roll call vote, Council Member Watts "aye", Council Member King "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", and Mayor Burroughs "aye". Motion carried unanimously. B. Consider appointments to the following boards and commissions: 1. Community Development Advisory Committee 2. Health & Building Standards Commission 3. Human Services Advisory Committee 4. Zoning Board of Adjustment There were no nominations/appointments made at this meeting. City of Denton City Council Minutes September 7, 2010 Page 13 C. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: a. Eli Gemini regarding Texas Filmmakers, Inc. Mr. Gemini spoke against the proposal by Texas Filmmakers, Inc for the cable access channel proposal. He presented an audio recording of the Texas Filmmakers locking him out of meeting he wanted to attend. b. Ken Gold regarding reducing fire protection. Mr. Gold spoke in opposed to the minimum staffing proposal for the correction in fire fighter overtime. He presented options for taking care of the problem such as hiring more firefighters, using compensation time, and reduction of management positions. He urged the Council to maintain the current level of service and not go backwards to three men engine companies. c. Bob Clifton regarding firemen's dilemma. Mr. Clifton was not present at the meeting. d. John Baines regarding rental fee for City property. Mr. Baines spoke about the Denton Blues Festival. He expressed concerned about the rental fees for the Blues Festival which the Jazz Festival did not have to pay. He also noted that they would not have as many city workers this year as last year unlike the Jazz Festival. He requested an equitable decision regarding the fees. e. Donna Woodfork regarding community access. Ms. Woodfork did not speak at the meeting. f Hatice Salih regarding the Denton Fire Department. Ms. Salih felt the city should have open and transparent discussions regarding NFPA 1710. The City should either adopt them or not adopt them but do not use them for political reasons. D. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, City of Denton City Council Minutes September 7, 2010 Page 14 public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Council Member Heggins stated that she saw the difference in allocation between the Jazzfest and the Blues Festival. She requested staff look into the matter to see what fees could be reduced. Council Member Watts requested a work session or an informal staff report on unpaid invoices due the city from events. Council Member Gregory requested a work session on the actual impact on the city budget for supporting festivals. Mayor Burroughs requested a work session on the city's general policy for sponsorships. Council Member Engelbrecht requested staff talk with Mr. Baines in the next several days regarding his issues with the Blues Festival and fees. E. 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. F. 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 8:58 p.m. MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES September 14, 2010 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, September 14, 2010 at 3:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Council Member King, Council Member Heggins, Council Member Gregory, Council Member Engelbrecht, Mayor Burroughs, Council Member Watts, and Mayor Pro Tem Kamp. ABSENT: None. 1. Requests for clarification of agenda items listed on the agenda for September 14, 2010. Council Member Gregory asked about Consent Agenda Item A. He asked if the time line plan was still on track to start opening retail. Linda Ratliff, Director of Economic Development, stated that the developer still planned on opening in the fall of 2012. Council Member Watts asked if staff was confident that the activity would still meet the guidelines. Mark Cunningham stated that it would depend on the particular development schedule. He indicated he would provide an informal staff report on what has happened so far with the development. Mayor Burroughs asked who would be receiving the letter regarding the route for the Oncor transmission lines. He questioned if the next step would be for a letter to go to the Public Utilities Commission. City Manager Campbell stated that the proposed letter on this agenda could go to both Oncor and the Public Utilities Commission. City Manger Campbell stated that staff would like to remove Item B from the Consent Agenda and not be considered. 2. Receive a report, hold a discussion and give staff direction concerning the proposed Oncor 345 kV Transmission Line from Krim West to Anna. Howard Martin, Assistant City Manager, presented information on the proposal. Oncor was proposing the constriction of a transmission line from Krim west to Anna. Oncor had looked at more than 90 different routes that ranged from 51 to 96 miles in length. South of Lake Ray Roberts, there was a potential that the lines would cross the green belt corridor which was established as a recreational area when the lake was built. Staff was concerned about aerial crossings proposed for that particular area. Oncor filed its preferred route with the Public Utilities Commission last week. Evaluation of that route by the Public Utilities Commission did not mean that it would be recommended by the Public Utilities Commission. It would take about 6 months to complete the timeline so there was time to have public input on the proposed route. Staff was evaluating two options for the routes. The preferred route would not have any aerial City of Denton City Council Minutes September 14, 2010 Page 2 crossing across the greenbelt. Under the existing contract with the Corps, the existing transmission line easement could be used which was north of Highway 380 adjacent to the railroad corridor. The resolution in the backup materials identified two options in order of preference for Council consideration and direction for Council's formal position to submit to the Public Utilities Commission. Martin presented information on the proposed stricture of the poles on the proposed route and the proposed strictures on the alternate routes. Mayor Burroughs asked if the options were to accommodate existing transmission and new transmission. Martin replied correct and also for easement restrictions. Staff had also looked at TMPA easements to get around the southern route across the greenbelt. Council Member Watts asked if in the TMPA easement were there currently lines there which would be rebuilt with the new Oncor strictures. He questioned if any financial arrangements had been done with TMPA. Martin stated that there had been no discussions with TMPA at this point in time. Staff was merely looking at an opportunity to not duplicate another transmission line in the area. Council Member Gregory asked whether the Corps had already indicated no expansion of the easements. Martin stated that the policy of the Corps would have allowed an aerial crossing if the lines were outside the greenbelt. No new strictures could be built in the greenbelt. Council Member Gregory asked if the Corps could override the Public Utilities Commission. Martin stated that the Corps could set policies outside the greenbelt and still have an aerial crossing that met the Corps policy. The proposed resolution identified two options. He presented a redraft of the letter to transmit with the resolution to Oncor, the Public Utilities Commission or both. There would be time to go back and revisit any of these issues. Mayor Pro Tem Kamp asked if Oncor had considered the staffs proposed route. Martin stated that the original preliminary routing that was available during the public hearings was discussed but the preferred route identified in the Public Utilities Commission submission did not have all of the components from the original route. Mayor Pro Tem Kamp stated that Council was being asked to pass a resolution for the city's preferred route. Martin stated that caution was needed in expressing a preference for a preferred route because staff was only focusing on a small portion of the preferred route. The proposed letter was redrafted to take out wording on preferred route. City of Denton City Council Minutes September 14, 2010 Page 3 3. Receive a report, hold a discussion, and give staff direction on the 2010-11 Proposed Budget, Capital Improvement Program, and Five-Year Financial Forecast. Bryan Langley, Director of Finance, recapped the budget discussions thus far. At the end of July Council was presented the proposed budget and a number of discussions happened over the following weeks on the proposal. Staff would be bringing the completed budget for Council approval at the September 21st meeting. It would include the budget, rate ordinances, tax rate, etc. for the Council to adopt. Council Member Watts asked if staff had received the next sales tax figures. Langley stated that staff had received the July payment last week. As noted in the backup materials, the payment was flat of what was received the prior year from 2009. Final figures would not be available until November of this year for the current fiscal year. Currently the sale tax was down about 2%. Mayor Burroughs stated that the budget was based on a 5% figure. Langley stated that the figures had not changed due to changes in the sales tax over the months. Following the completion of the Work Session, the City Council convened in a Closed Meeting at 4:00 p.m. to consider the specific items listed below. 1. Closed Meeting: A. Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086; Deliberations regarding Real Property - Under Texas Government Code Sec. 551.072. 1. Receive a further presentation from Staff regarding public power competitive and financial matters, and a consultation regarding the deliberation of real property issues regarding the possible constriction and installation of a state-of-the-art combined heat and power (CUP) tri- generation station in the industrial district in the City of Denton; discuss and provide Staff with direction. Mayor Pro Tem Kamp motioned, Council Member Engelbrecht seconded that this item was appropriate for a Closed Session discussion under the Public Power Utilities Competitive Matter exception. On roll call vote, Council Member Watts "aye", Council Member King "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. B. Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086. City of Denton City Council Minutes September 14, 2010 Page 4 1. Receive competitive public power information from staff in the form of a proposed operating budget for Denton Municipal Electric ("DME") for the upcoming fiscal year, including without limitation, revenues, expenses, commodity volumes, and commitments, and the direction of DME; and discuss, deliberate, consider adoption of the budget and other matters, and provide staff with direction regarding such matters. This item was not considered. C. Deliberations regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086; Deliberations regarding Real Property - Under Texas Government Code, Section 551.072; Consultation with Attorney - Under Texas Government Code, Section 551.071. 1. Discuss, deliberate and receive further information from staff and provide staff with direction pertaining to further legal matters affecting the settlement tentatively approved on March 9, 2010 by and between the City, DBT Porcupine, L1, a Delaware Business Trust ("DBT") and BDC Family Limited Partnership, a Texas Limited Partnership regarding the settlement of conflicting legal claims and the granting of an easement to the City by DBT regarding that certain 3.814 acre tract of land situated at the northeast corner of Loop 288 and Spencer Road, in the City of Denton, Denton County, Texas and lying in the Mary L. Austin Survey, Abstract No. 4 and in the M.E.P. and P.R.R. Survey, Abstract No. 927, in the City of Denton, Denton County, Texas. Consultation with the City's attorneys regarding further legal issues associated with the compromise of conflicting claims regarding said land, where such discussion and deliberation in an open meeting would have a detrimental effect on the position of the City Council in negotiations regarding a final settlement of such claim and 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. Council Member Engelbrecht motioned, Council Member King seconded that this item was appropriate for a Closed Session discussion under the Public Power Utilities Competitive Matter exception. On roll call vote, Council Member Watts "aye", Council Member King "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. D. Consultation with Attorney -Under Texas Government Code Section 551.071. 1. Consider and discuss the status of legal issues relating to the settlement of City of Denton v. Biodiesel Industries, Inc., et al., Cause No. 4:08-cv-00173 and subsequent claims and provide direction to the city's attorneys regarding same. City of Denton City Council Minutes September 14, 2010 Page 5 2. Consult with City's attorneys regarding the claim and settlement demand of Love's Travel Stops & Country Stores, and give consideration and feedback regarding future disposition of the matter. E. Deliberations regarding consultation with the City Attorney - Under Texas Government Code Section 551.071, Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087. 1. Receive a report and hold a discussion regarding legal issues on matters 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 granting economic development incentives to Target Corporation with respect to development of a distribution center. This discussion shall include commercial and financial information the City Council has received from Target Corporation which the City Council seeks to have locate, stay, or expand in or near the territory of the city, and with which the City Council is conducting economic development negotiations; including the offer of financial or other incentives F. Deliberation regarding personnel matters - Under Texas Government Code Section 551.074. 1. Deliberate and discuss the evaluation, duties, discipline, procedures, and contracts of the City Manager, City Attorney, and Municipal Court Judge. The Council convened into a Special Called Regular Meeting at 6:50 p.m. in the Council Chambers at City Hall. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards 1. Constitution Week Mayor Burroughs presented the proclamation for Constitution Week. 2. Duck Derby Day Mayor Burroughs presented the proclamation for Duck Derby Day. City of Denton City Council Minutes September 14, 2010 Page 6 3. CONSENT AGENDA Mayor Burroughs noted that Item 3B would not be considered. Mayor Pro Tem Kamp requested that item 3D be pulled and considered individually after approval of the Consent Agenda. Council Member Watts questioned if Item C were not pulled from the Consent Agenda would it be available for discussion while on Consent. City Attorney Burgess suggested removing the item from the Consent Agenda if Council wanted individual discussion on it. Council Member Watts requested that Item C be pulled for separate consideration. Ordinance No. 2010-210 A. Consider adoption of an ordinance of the City of Denton, Texas approving an amendment to an Economic Development Program Grant Agreement dated June 15, 2010 between the City of Denton and Allegiance Hillview, L.P., which was duly assigned, in part, to RED Rayzor Ranch, LLC; and providing an effective date. Council Member Watts motioned, Council Member King seconded to adopt the ordinance for Consent Agenda item 3A. On roll call vote, Council Member King "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Burroughs "aye", Council Member Watts "aye", and Mayor Pro Tem Kamp "aye". Motion carried unanimously. B. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the Mayor to execute an Amendment to Interlocal Cooperation Agreement, by and between the City of Denton, Texas ("City") and the Denton Independent School District ("DISD"), amending that certain Interlocal Cooperation Agreement, dated on or about July 20, 2004, by and between the City and DISD, granting the right to utilize additional street right of way to DISD for the DISD fiber optic system, and providing an effective date. Item B was not considered. C. Consider approval of a resolution authorizing the Mayor to execute and deliver correspondence and other documentation to Oncor Electric Delivery Company LLC ("Oncor"), the Public Utility Commission of the State of Texas regarding the proposed electric transmission line contemplated to be constricted by Oncor together with the transmission line's potential location within, over, across or in the vicinity of the Greenbelt Corridor connecting Ray Roberts Lake to Lake Lewisville; and providing an effective date. Mayor Burroughs indicated that there were a number of speaker cards for Item 3C. City of Denton City Council Minutes September 14, 2010 Page 7 The following individuals spoke on Item C: David Martino, 4974 Christi Lane, Aubrey, 76227 - opposed Tim Beaty, 2459 Blackjack Road, Aubrey, 76227 - opposed Richard Rogers, 7260 St. Johns Court, Pilot Point, - opposed Linda Campbell, 7700 Zachery Road, Aubrey, 76227 - opposed Donald Cross, 5637 Harmony Ranch Road, Aubrey, 76227 - opposed Jim Patrick, 3030 N. Trinity Rd, Denton, 76208 - opposed Sharon Grisgby, 2160 Blackjack Road, Aubrey, 76227 - opposed J.W. Brinkley, 5829 Harmony Ranch Road, Aubrey, 76227 - opposed Katie Happ, 3150 Elm Bottom Circle, Aubrey, 76227 - opposed Mauri Chase, 4641 New Hope Road, Aubrey, 76227 - opposed Mike Bricia, 3140 North Trinity Road, Denton, 76208 - Denton Roy Anderson, 3908 White Tail Drive, Denton, 76208 - opposed Roger Cox, 3912 Deer Forest Drive, Denton, 76208 - opposed Bahram Paiani, 5695 Harmony Ranch Road, Aubrey, 76227 - opposed Judy Krzeminski, 5800 Harmony Ranch Road, Aubrey, 76227 - opposed Mary Lavender, 3140 North Trinity Road, Denton, 76208 - opposed Mayor Burroughs indicated that Comment Cards in opposition were received from: Leslie Slama, 2065 Spring Hill Road, Aubrey, 76227 Pari Shams, 5695 Harmony Ranch Road, Aubrey, 76227 David and Paula Robertson, 3673 Blackjack Road, Aubrey, 76227 Adam and Jennifer Friday, 2960 Blackjack Road, Aubrey, 76227 David Grant, 3420 Elm Bottom Circle, Aubrey, 76227 Annice Norman, 3070 N. Trinity Road, Denton, 76208 Scott and Susannah Talbot, 5170 Burger Road, Aubrey, 76227 Joann Blocker, 5856 Harmony Ranch Rd., Aubrey, 76227 David and Janet Spector, 3909 Deer Forest, Denton, 76208 Tyler Bridge, 2327 Loving Lane, Krim, 76249 Jose and Marie Taylor-Flores, 1924 Countryside, Denton, 76208 Richard Rogstad, 6383 Fish Trap Road, Denton, 76208 Kim Brinkley, 5829 Harmony Ranch Road, Aubrey, 76227 Dan Grigsby, 2160 Blackjack Road, Aubrey, 76227 Mark and Loree Denney, 5867 Harmony Ranch, Aubrey, 76227 Ann Gattuso, 4550 New Hope Road, Aubrey, 76227 Deanie Martin, 4974 Christi Lane, Aubrey, 76227 Austin Beaty, 3797 Blackjack Road, Aubrey, 76227 Carolyn Vaughn, 3200 Elm Bottom Circle, Aubrey, 76227 Ed Pearce, 5010 Oak Bend Circle, Denton, 76208 Lauren Poleski, 1271 Enclave Circle, Arlington, 76011 Eric Johnson, 9524 Arvin Hill Road, Aubrey, 76227 Council Member Watts stated that Council had received information from staff regarding how the resolution was drafted and Council may need to rethink the wording. He questioned if the wording should indicate that Council did not want the lines in the easement or put the lines in this particular place in the easement. City of Denton City Council Minutes September 14, 2010 Page 8 Council Member Watts motioned, Council Member King seconded to pull the item and have staff review the language based on the citizen comments received this evening. City Attorney Burgess stated that Council could continue the item to the next meeting which would have it return in the same format. If council wanted it to fail as it was currently written and direct staff to present it in a different format, then the proposal could fail by not acting on it and bring it back in a different format. Council Member Watts withdrew his motion and Council Member King withdrew his second. Council Member Watts motioned, Council Member King seconded to deny the current resolution directing staff to bring back different language based on the comments received at this meeting. On roll call vote, Council Member King "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Burroughs "aye", Council Member Watts "aye", and Mayor Pro Tem Kamp "aye". Motion carried unanimously. Ordinance No. 2010-211 D. Reconsider adoption of an ordinance of the City of Denton, Texas approving and authorizing the Final Compromise, Settlement and Release of All Claims by and between the City of Denton, Texas, DBT Porcupine, L1, a Delaware Business Trust and BDC Family Limited Partnership, a Texas Limited Partnership; authorizing the City Manager and City Attorney to act on the City's behalf in executing any and all conveyances and other supporting documents pertaining thereto; and to take such other and further actions as are necessary to effectuate and finalize the settlement; authorizing the City Manager to execute a Quit Claim Deed regarding the tract in issue; authorizing the City Manager to receive an easement on behalf of the City of Denton, Texas; authorizing the expenditure of funds therefor; and declaring an effective date. Mayor Pro Tem Kamp motioned, Council Member Watts seconded to reconsider Item D. On roll call vote, Council Member King "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Burroughs "aye", Council Member Watts "aye", and Mayor Pro Tem Kamp "aye". Motion carried unanimously. Council Member Gregory motioned, Council Member Engelbrecht seconded to adopt the ordinance for Item D with the inclusion of DBT and DBC in place of the word "parties". On roll call vote, Council Member King "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Burroughs "aye", Council Member Watts "aye", and Mayor Pro Tem Kamp "aye". Motion carried unanimously. 4. ITEMS FOR INDIVIDUAL CONSIDERATION A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide City of Denton City Council Minutes September 14, 2010 Page 9 reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Council did not have any items. B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. Mayor Burroughs announced that Council would be going back into Closed Session to continue with Item 1.F.1. C. 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. MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES September 21, 2010 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, September 21, 2010 at 5:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Council Member Watts, Council Member King, Council Member Heggins, Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp, and Mayor Burroughs. ABSENT: None. 1. Requests for clarification of agenda items listed on the agenda for September 21, 2010. Council Member Watts questioned if there was a procedure to let citizens know that the Council would be considering the revised resolution for the Oncor issue. He did not want to deny public input but also wanted to make more efficient use of time. The Council had considered the input from the citizens at the last meeting and had changed the resolution accordingly. Mayor Burroughs requested a staff member provide interested citizens with the revised resolution before the start of the regular session. He suggested moving the item before consideration of the public hearing. Mayor Burroughs asked about Consent Agenda Item 5A. He felt this kind of resource needed to get in the public eye as much as possible. He questioned if it should be considered individually to advertise the program or was this a program that was well received with plenty of applicants. Barbara Ross, Community Development Administrator, stated that the program generally dealt with less than 10 units on an annual basis and there was a lengthy waiting list. Council Member Engelbrecht asked about the order of consideration for the budget items. Bryan Langley, Director of Finance, stated that the tax rate needed to be done first to determine the tax levy for the tax rolls and then those two items factored into the total budget. Following the completion of the Work Session, the Council convened in a Closed Meeting at 5:20 p.m. to consider the items below. 1. Closed Meeting: A. Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086. 1. Receive competitive public power information from staff in the form of a proposed operating budget for Denton Municipal Electric ("DME") for the upcoming fiscal year, including without limitation, revenues, expenses, commodity volumes, and commitments, and the direction of DME; and discuss, deliberate, consider adoption of the budget and other matters, and provide staff with direction regarding such matters. City of Denton City Council Minutes September 21, 2010 Page 2 Council Member Heggins motioned, Mayor Pro Tem Kamp seconded that this item was appropriate for a Closed Session discussion under the Public Power Utilities Competitive Matter exception. On roll call vote, Council Member Watts "aye", Council Member King "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. B. Consultation with Attorney -Under Texas Government Code Section 551.071. 1. Receive a briefing from City's attorneys and hold a discussion, pursuant to §551.071 of the Texas Government Code, of legal issues associated with a proposed zoning change from a Neighborhood Residential 3 (NR-3) zoning district classification and use designation to a Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation on tracts 256, 257, 258, 260 and 261 of the E. Puchalski survey, with an overlay district on those same tracts, plus tract 263, containing additional restrictions as noted; the area for the zoning change encompasses approximately 4.678 acres of land located at the northeast corner of North Bonnie Brae Street and West Oak Street, in the City of Denton, Denton County, Texas. The Council convened into a Regular Meeting at 6:30 p.m. in the Council Chambers. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards 1. Presentation of the 2009 Distinguished Budget Presentation Award. Bryan Langley, Director of Finance, presented the 2009-10 Distinguished Budget Award to the Council. This award, given by the Government Finance Officers Association, had been awarded to the City for 24 years in a row. 2. Green Pride Fridays Mayor Burroughs presented the proclamation for Green Pride Fridays. 3. BUDGET ITEMS FOR INDIVIDUAL CONSIDERATION Ordinance No. 2010-212 A. Consider adoption of an ordinance of the City of Denton, Texas, levying the ad valorem property tax of the City of Denton, Texas, for the year 2010, on all taxable property within the corporate limits of the city on January 1, 2010, and adopting a City of Denton City Council Minutes September 21, 2010 Page 3 tax rate of $0.68975 per $100 of valuation for 2010; providing revenues for payment of current municipal maintenance and operation expenses and for payment of interest and principal on outstanding City of Denton debt; providing for limited exemptions of certain homesteads; providing for enforcement of collections; providing for a severability clause; and providing an effective date. Bryan Langley, Director of Finance, made a presentation for Items 4A-D. He stated that Item 3A would approve the tax rate as noted. The proposed tax rate was 2.3 cents above the current rate. The tax rate ordinance included a gradual increase in the over 65 tax exemption. Related to the tax rate was the approval of the tax rolls. Approval of the tax rolls was required by the Property Tax Code. Item 3C approved the 2010-11 budget. There had been a number of discussions with Council regarding the budget starting back in February. Langley discussed the budget proposed in July compared to the current proposed budget, the amendments that were done to the proposed budget, other key aspects of the budget including the utility rates. Item 3D was a ratification of approval of the vote for the budget in Item 3C. This ratification was required by state statute. Council Member Gregory motioned, Council Member King seconded to adopt the ordinance for 3A. On roll call vote, Council Member Watts "aye", Council Member King "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. Ordinance No. 2010-213 B. Consider adoption of an ordinance of the City of Denton, Texas, approving the 2010 tax rolls; and providing an effective date. Council Member Engelbrecht motioned, Council Member Watts seconded to adopt the ordinance. On roll call vote, Council Member Watts "aye", Council Member King "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. Ordinance No. 2010-214 C. Consider adoption of an ordinance of the City of Denton, Texas, adopting the Fiscal Year 2010-2011 Annual Program of Services (Budget) and the Capital Improvement Program of the City of Denton, Texas, for the fiscal year beginning on October 1, 2010, and ending on September 30, 2011; and declaring an effective date. Mayor Pro Tem Kamp motioned, Council Member Gregory seconded to adopt the ordinance. On roll call vote, Council Member Watts "aye", Council Member King "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. Ordinance No. 2010-215 D. Consider adoption of an ordinance of the City of Denton, Texas, ratifying the adoption of the Fiscal Year 2010-2011 Annual Program of Services (Budget) for the fiscal year beginning October 1, 2010, and ending on September 30, 2011 when the City of Denton City Council Minutes September 21, 2010 Page 4 Budget will raise more revenue from property taxes than last year's budget; and providing an effective date. Mayor Pro Tem Kamp motioned, Council Member Heggins seconded to adopt the ordinance. On roll call vote, Council Member Watts "aye", Council Member King "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. 4. BUDGET CONSENT AGENDA Council Member Watts motioned, Council Member King seconded to approve the Budget Consent Agenda and accompanying ordinances. On roll call vote, Council Member Watts "aye", Council Member King "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. Ordinance No. 2010-216 A. Consider adoption of an ordinance amending Article V, Library, of Chapter 2 of the City Code establishing operating policies and procedures; establishing fees for full access library cards for non-residents; providing a severability clause; providing for a penalty for each violation not to exceed $500; providing for a savings clause; and providing for an effective date. Ordinance No. 2010-217 B. Consider adoption of an ordinance approving the expenditure of funds for the purchase of a Component Enterprise Agreement with the Microsoft Corporation to renew licensing for the use of Microsoft Windows Enterprise: Desktop Optimization Package, Remote Desktop Services and Client/Server software licensing as approved by the State of Texas Building and Procurement Commission Department of Information Resources (DIR) under 4DIR-SDD-1014; providing for the expenditure of funds therefor; and providing an effective date (File 4547- Purchase of Component Enterprise Agreement awarded to Dell-ASAP Software in the amount of $73,47932, the first of three payments, for a total 3-year licensing agreement in the amount of $220,437.96). Ordinance No. 2010-218 C. Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of Long Term and Voluntary Short Term Disability Benefits for the City of Denton employee benefits program; providing for the expenditure of funds therefor; and providing an effective date (RFP 4482-Long Term Disability and Voluntary Short Term Disability Benefits awarded to The Hartford with a cost of $0.20 per $100 of payroll per month, for an estimated annual cost of $111,584 and Voluntary Short Term Disability Benefits awarded to The Hartford (with the cost per month to be determined by actual voluntary employee participation rate) in the estimated amount of $97,289). City of Denton City Council Minutes September 21, 2010 Page 5 Ordinance No. 2010-219 D. Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase of Group Term Life and Accidental Death and Dismemberment (AD&D) and Voluntary Supplemental Life and AD&D coverage for City employees; providing for the expenditure of funds therefor; and providing for an effective date (RFP 4483-Basic and Supplemental Life/Accidental Death and Dismemberment Insurance awarded to The Hartford in the estimated amount of $118,718 and Voluntary Supplemental Life Insurance/Accidental Death and Dismemberment Insurance awarded to The Hartford (with the cost per month to be determined by actual voluntary employee participation rate) in the estimated amount of $142,786). Ordinance No. 2010-220 E. Consider adoption of an ordinance accepting competitive sealed proposals and awarding a three-year contract for Benefit Consultant Services for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (RFSP 4484-Benefit Consultant Services awarded to McGriff, Seibels and Williams of Texas, Inc. in the annual amount of $48,500 for a three year total of $145,500.). Ordinance No. 2010-221 F. Consider adoption of an ordinance accepting competitive sealed proposals and awarding a three year contract for Property, Mobile Equipment, Boiler and Machinery, and Fleet Catastrophic Insurance Coverage for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (RFP 4558-Property, Mobile Equipment, Boiler and Machinery, Fleet Catastrophic Insurance Coverage awarded to Traveler's Insurance Company in the estimated annual amount of $164,860 for an estimated three year total of $495,580). Ordinance No. 2010-222 G. Consider adoption of an ordinance approving the expenditure of funds for the purchase of annual maintenance for Harris Public Utility Billing System and associated software modules available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 4542-Purchase of Annual Maintenance for Harris Public Utility Billing awarded to Harris Computer Systems, Inc. in the amount of $97,939.52). Ordinance No. 2010-223 H. Consider adoption of an ordinance approving the expenditure of funds for the purchase of annual maintenance for continued vendor support of the Oracle EnterpriseOne (formerly PeopleSoft EnterpriseOne (formerly JD Edwards OneWorld) available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 4545-Purchase of Annual Maintenance for Oracle EnterpriseOne Software Package awarded to Oracle USA, Inc. in the amount of $104,218.74). City of Denton City Council Minutes September 21, 2010 Page 6 Ordinance No. 2010-224 L Consider adoption of an ordinance approving the expenditure of funds for the purchase of annual maintenance for Interactive Voice Response and Outage Management System and associated software modules for Denton Municipal Electric (DME) utility available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 4546-Purchase of Annual Maintenance for Milsoft Utility Systems awarded to Milsoft Utility Solutions in the amount of $61,363.00). Ordinance No. 2010-225 J. Consider adoption of an ordinance approving the expenditure of funds for the purchase of annual service for CodeRED Emergency Notification System and CodeRED Weather Warning Service available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; providing for expenditure of funds therefor; and providing an effective date (File 4548-Purchase of Annual Service for CodeRED Emergency Notification and CodeRED Weather Warning Service awarded to Emergency Communications Network, Inc. in the amount of $56,250.50). Ordinance No. 2010-226 K. Consider adoption of an ordinance approving the expenditure of funds for the purchase of annual maintenance for VisionAir Public Safety Software System and associated modules used for Police and Fire Department dispatching and records management available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 4549-Purchase of Annual Maintenance for VisionAir Public Safety Software System awarded to VisionAir, Inc. in the amount of $198,545.26). Ordinance No. 2010-227 L. Consider adoption of an ordinance approving the expenditure of funds for the purchase of annual service access and support for Enhanced Data rates for GSM Evolution (EDGE) and 3G (third-generation) wireless computer network for the Public Safety mobile computers used by City of Denton Police, Fire and EMS personnel available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; providing the expenditure of funds therefor; and providing an effective date (File 4550- Purchase of Annual Service Access and Support for Enhanced Data rates for GSM Evolution (EDGE), and 3G (Third-Generation) awarded to AT&T Mobility in the amount of $93,060.72). Ordinance No. 2010-228 M. Consider adoption of an ordinance of the City of Denton, Texas amending the Schedule of Rates contained in Ordinance No. 2009-218 for electric service; incorporate Ordinance No. 2010-066 to amend energy cost adjustment (Schedule ECA); adding local government small rate (Schedule G2); amending local City of Denton City Council Minutes September 21, 2010 Page 7 government rate (Schedule G1) to exclude customers with low demand; adding unmetered security camera rate rider (Schedule USC); amending non-standard street lighting rate (Schedule DSL) to include a facility charge; amending industrial development rider to raise minimum demand requirement and to change the name of the rider to economic growth rider (Schedule EGR); amending distributed generation from renewable sources rider (Schedule DGR) for clarity; amending independent wholesale generator rider (Schedule IWG) for clarity; amending renewable cost adjustment rider (Schedule RCA) for clarity; providing for a repealer; providing for a severability clause; and providing for an effective date. The Public Utilities Board recommends approval (5-0). Ordinance No. 2010-229 N. Consider adoption of an ordinance amending the schedule of water rates contained in Ordinance No. 2009-219 for water service rates and water rates; amending wholesale raw water service rate to Upper Trinity Regional Water District (WRW); amending the wholesale raw water pass-through rate to Upper Trinity Regional Water District from Lake Chapman into Lake Lewisville (Schedule WCL); amending the fire hydrant meter deposit fee (Schedule WFH); providing for a repealer; providing for a severability clause; and providing for an effective date. The Public Utilities Board recommends approval (5-0). Ordinance No. 2010-230 0. Consider adoption of an ordinance amending the schedule of wastewater rates contained in Ordinance No. 2009-220; providing for an amendment in the rates for dyno-dirt products (Schedule CWM); providing for a repealer; providing for a severability clause; and providing for an effective date. The Public Utilities Board recommends approval (5-0). Ordinance No. 2010-231 P. Consider adoption of an ordinance of the City of Denton, Texas amending the schedule of rates for solid waste service contained in Ordinance No. 2009-221 as authorized by Chapter 24 of the Code of Ordinances of the City of Denton, Texas; providing that the provisions of sections 26-3, 26-4, 26-5, 26-7, 26-8(a), and 26-9 of the Code of Ordinances of the City of Denton, Texas shall expressly apply to City of Denton Solid Waste Service; providing for the amendment to the residential refuse and recycling collection services rates and clarification thereof (Schedule SWR); amendment to and clarification of the multi-family refuse collection services rate and renaming it the multi-family household furniture collection service (Schedule SWMFS); amendment to the multi-family chemical collection/recycling rate (Schedule MFR); amendment to the commercial solid waste collection services rates (Schedule SWC); amendment to the commercial recycling services rates (Schedule SWCR); amendment to the constriction, deconstruction, and demolition materials services rates (Schedule SWC&D); amendment to the collection and transportation services permit and clarifications (Schedule SWP); amendment to the sanitary landfill services rates (Schedule SWL); providing for a repealer; providing for a severability clause; and providing an effective date. The Public Utilities Board recommends approval (5-0). City of Denton City Council Minutes September 21, 2010 Page 8 Ordinance No. 2010-232 Q. Consider adoption of an ordinance of the City of Denton, Texas providing for the schedule of miscellaneous fees, deposits, billings and procedures for administrative services to City utilities customers contained in Ordinance No. 2009-222; adding a new customer application charge; amending section 26-3 of the Code of Ordinances regarding residential service deposits; eliminating the credit report charge; providing for a repealer; providing for a severability clause; and providing for an effective date. The Public Utilities Board recommends approval (5-0). Ordinance No. 2010-233 R. Consider adoption of an ordinance amending the schedule of engineering fees contained in Ordinance No. 2009-223; providing a repealer; providing for a severability clause; providing for an effective date. The Public Utilities Board recommends approval (5-0). 5. CONSENT AGENDA Council Member King motioned, Council Member Gregory seconded to approve the Consent Agenda and accompanying ordinances and resolutions. On roll call vote, Council Member Watts "aye", Council Member King "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. Ordinance No. 2010-234 A. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving guidelines for operation of the City of Denton Home Improvement Program (HIP) and eligibility criteria; authorizing expenditures in excess of $50,000 for projects meeting program guidelines and criteria; and providing for an effective date. Ordinance No. 2010-235 B. Consider adoption of an ordinance of the City of Denton, Texas authorizing the approval of a Professional Services Agreement for an engineering firm by and between CP&Y, Inc. and the City of Denton, Texas; providing for the expenditure of funds; providing an effective date (File 4556-Professional Engineering and Design Services awarded to CP&Y, Inc. in an amount not to exceed $110,000). The Public Utilities Board recommends approval (5-0). Ordinance No. 2010-236 C. Consider adoption of an ordinance authorizing the City- Manager to execute a Professional Services Agreement (PSA) with Solutient GeoSciences, Inc. for Hydrogeological Consulting and Analytical Services pertaining to the City of Denton Landfill as set forth in the contract, and providing an effective date (File 4571-Professional Services Agreement for Hydrogeological Consulting and Analytical Services pertaining to the City of Denton Landfill awarded to Solutient GeoSciences, Inc., in an amount not to exceed $100,869.40). The Public Utilities Board recommends approval (5-0). City of Denton City Council Minutes September 21, 2010 Page 9 Ordinance No. 2010-237 D. Consider adoption of an ordinance authorizing the City Manager or his designee to sign a Consent To Lien Upon Leasehold as requested by Global Maritime Supply Management, LLC, a tenant at Denton Municipal Airport, to receive financing from Comerica Bank for a facility expansion. The Airport Advisory Board recommends approval (7-0). Ordinance No. 2010-238 E. Consider adoption of an ordinance approving an agreement between the City of Denton, Texas, and the Denton Chamber of Commerce regarding an Economic Development Partnership; and providing an effective date ($210,200). Ordinance No. 2010-239 F. Consider adoption of an ordinance of the City of Denton approving Change Order Eight, an amendment to a professional services agreement between the City of Denton, Texas and Innovative Transportation Solutions, Inc. dated March 5 2002; extending said agreement, and authorizing and ratifying the expenditure of funds for work to be performed; authorizing the City Manager or his designee to execute the change order on behalf of the City and expend funds authorized by the change order; and providing for an effective date. The Mobility Committee recommends approval (3-0). Approved the minutes listed below. G. Consider approval of the minutes of: July 19, 2010 July 20, 2010 August 2, 2010 August 3, 2010 August 5, 2010 Ordinance No. 2010-240 H. Consider adoption of an ordinance approving the expenditure of funds for the purchase of Microsoft Corporation Client Access Licenses (CALs) software licensing as approved by the State of Texas Building and Procurement Commission Department of Information Resources (DIR) under 4DIR-SDD-1014; providing for the expenditure of funds therefor; and providing an effective date (File 4566- Purchase of Microsoft CALs software licensing to Dell-ASAP Software in the amount of $140,107.20). Ordinance No. 2010-241 L Consider adoption of an ordinance of the City of Denton, Texas ratifying the action of the City Manager's award of a contract dated August 26, 2010, by and between the City of Denton and Brandt Engineering, for the purpose of installing lighting retrofit replacement, acquiring two (2) chilled water pumps 15 HP, two (2) condenser water pumps 7.5 HP, variable frequency drives (VFDs) for the chilled water pumps, and two (2) cooling towers in the total sum of $512,541, said contract having been executed pursuant to Ordinance 2010-097 relating to the City s expenditures of formula funds allocated to the City of Denton through the federal government's Department of Energy's Energy Efficiency and Conservation Block Grant Program and authorizing administration of expenditures and fiscal and administrative matters related to said Grant Program. City of Denton City Council Minutes September 21, 2010 Page 10 Resolution No. R2010-034 J. Consider approval of a resolution of the City Council of the City of Denton, Texas, ("City") 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 the rates set by the attached tariffs to be just and reasonable; finding that the additional cost for replacing steel service lines is appropriate and is approved subject to a prudence review, finding that the continuation of the rate review mechanism ("RRM"), as amended, for two years is reasonable, requiring delivery of the Resolution to the company and legal counsel; determining that the meeting at which this Resolution was approved complied with the open meetings act; making other findings and provisions related to the subject; and declaring an effective date. Mayor Burroughs indicated that Item 7A would be considered next. 7. ITEMS FOR INDIVIDUAL CONSIDERATION Resolution No. R2010-035 A. Consider approval of a resolution authorizing the Mayor to execute and deliver correspondence and other documentation to Oncor Electric Delivery Company LLC ("Oncor") and the Public Utility Commission of the State of Texas regarding the proposed electric transmission line contemplated to be constricted by Oncor together with the transmission line's potential location within, over, across or in the vicinity of the City of Denton, Texas; and providing an effective date. Mayor Burroughs stated that the revised resolution was against any route that would cross the green belt corridor. This was a different resolution from the one considered at the Council's previous meeting. The Council had received numerous communications about this item and requested speakers to limit their comments to new issues in order to move the item along. Howard Martin, Assistant City Manager, stated that on September 14th staff briefed Council on the proposed transmission line and route. Council received substantial public input on the issue and directed staff to include opposition to any route that would cross the greenbelt. The resolution before Council addressed that issue. Mayor Burroughs noted that the second page of resolution indicated opposition to any route that would cross the greenbelt corridor between Lake Ray Roberts and Lake Lewisville. Speaker cards were received from the following: Bill Bacon, 400 Bridge Ridge Ranch Road, Cross Roads, 76227 - in favor Jim Patnick, 3030 North Trinity Road, Denton, 76208 - in favor David Martino, 4974 Christi Lane, Aubrey, 76207 - in favor Donald Cross, 5637 Harmony Ranch Road, Aubrey, 76227 - in favor Bahram Paiani, 5695 Harmony Ranch Road, Aubrey, 76227 - in favor Roger Cox, 3912 Deer Forest, Denton, 76208 - in favor Eden Dankowski, 3650 New Hope Road, Aubrey, 76227 - in favor Sean Houck, 4378 Rock Hill Road, Aubrey, 76227 - in favor City of Denton City Council Minutes September 21, 2010 Page 11 Comment Cards were received in support of the proposed resolution: Eric and Deb Johnson, 9524 Arvin Hill Road, Aubrey, 76227 Richard Rogers, 2813 Hanover, Dallas, 75225 Peter Hulstrand, 320 Bonnie Brae, Denton, 76208 Joann Blocker, 5856 Harmony Ranch Road, Aubrey, 76227 Mary Sue Scott, 5891 Harmony Ranch Road, Aubrey, 76227 Rita Hanson, 4375 Rock Hill Road, Aubrey, 76227 David Spector, 3909 Deer Forest, Denton, 76208 Micki Boaz, 4344 Rock Hill Road, Aubrey, 76227 Pari Shams, 5695 Harmony Ranch Road, Aubrey, 76227 Council Member Gregory motioned, Council Member King seconded to approve the resolution. On roll call vote, Council Member Watts "aye", Council Member King "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. The Council returned to the regular agenda order. 6. PUBLIC HEARINGS A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a Specific Use Permit to allow changes to an existing elevation and site plan for a telecommunications tower located within a Neighborhood Residential 4 (NR-4) zoning and use district on approximately 7.908 acres. The property is located at the southwest corner of Audra Lane and Lattimore Street and is more commonly known as Lot 1, Block 1 of the Faith Tabernacle Assembly of God Addition; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date (S 10-0002). The Planning and Zoning Commission recommends approval (5-0). Mark Cunningham, Director of Planning and Development, presented the details of the proposal. He indicated that the request was for a specific use permit to amend the elevation of an existing telecommunications tower located in a NR-4 zoning district. The proposal would enclose the top portion of the tower, add equipment at the ground level, and relocate 2 parking spaces. A 2007 specific use permit limited the tower height to 85 feet, controlled the tower location and appearance and regulated the amount and location of parking spaces. The proposed specific use permit would replace the 2007 specific use permit. The back of the tower would be raised up to the top of the tower instead of having the cross at the top that was open. Mayor Pro Tem Kamp stated that the proposal was to just change the existing tower, not add to the tower. Cunningham stated that the overall height of the tower would not exceed the original 85 feet. The Mayor opened the public hearing City of Denton City Council Minutes September 21, 2010 Page 12 Belinda Dixon, representing Metro PCS, spoke in favor. The Mayor closed the public hearing. Mayor Pro Tem Kamp motioned, Council Member King seconded to adopt the ordinance. On roll call vote, Council Member Watts "aye", Council Member King "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. 7. ITEMS FOR INDIVIDUAL CONSIDERATION B. Consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Neighborhood Residential 3 (NR-3) zoning district classification and use designation to a Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation on tracts 256, 257, 258, 260 and 261 of the E. Puchalski survey, with an overlay district on those same tracts, plus tract 263, containing additional restrictions as noted; the area for the zoning change encompasses approximately 4.678 acres of land located at the northeast corner of North Bonnie Brae Street and West Oak Street, in the City of Denton, Denton County, Texas (Z09-0013) The Planning and Zoning Commission recommended approval of the rezoning of six (6) of the seven lots from Neighborhood Residential 3 (NR-4) to Neighborhood Residential Mixed Use (NRMU) subject to overlay conditions (5-1). Chuck Russell, Interim Planning Manager, presented the details of the proposal. He indicated that 2286 West Oak would not be part of the request and was withdrawn by the applicant. He reviewed the residential and commercial land uses that changed from the original proposal, including industrial and institutional uses. A matrix detailing the general regulations from the start of the proposal through the Planning and Zoning Commission recommendations to the applicant proposal of September 16th was reviewed. Russell provided an update on the small area plan for Bonnie Brae and Ector Street which would be completed in about 12 months. The Development Review Committee recommended approval of the rezoning of six of the properties to NRMU with a restrictive overlay to various uses. The Planning and Zoning Commission recommend approval of six of the properties to NRMU with a restrictive overlay to prohibit various uses as indicated in the agenda information sheet. Council Member Watts noted that the retail restrictions were only for one retail building. If the proposal were approved, there couldn't be all retail buildings other than medical offices. If the zoning went through could there be as many retail uses that could fit in the space. Russell stated that if Council moved forward with the proposal, he would recommend that the maximum of 7500 square feet of permitted retail use be specifically designated. If the applicant wanted to go outside the box shown on the drawing for retail, he would have to apply for a specific use permit. He suggested Council make clear that the 7500 square feet of retail would be for the entire development or per lot or per building. City of Denton City Council Minutes September 21, 2010 Page 13 Council Member Watts questioned the wording on the agenda information sheet regarding a supermajority vote of Council. Russell indicated that was included in case the Council wanted to include the property located at 2286 Oak Street. If that lot was not going to be considered, a supermajority vote was not needed. Council Member Gregory questioned the applicant being able to make changes to the proposal that the Planning and Zoning Commission had not seen. City Attorney Burgess stated that the applicant had asked for some changes for consideration by Council which was what Council had requested when it postponed consideration at a prior meeting. Russell stated that changes were made through the course of the meetings which might be more restrictive than what the Planning and Zoning Commission had considered. Council Member Engelbrecht questioned if the neighbors had seen the changes. Russell stated that there were minor changes done after agenda packet deadline for Council. Those changes were included in the matrix he had presented to Council. Larry Richhart, representing the applicant, submitted a Speaker Card. He indicated that the fence was lowered to six feet as an eight foot fence would be out of character with the neighborhood but they would be comfortable with an eight foot if Council desired one. He indicated that the maximum retail sales on the property would be 7500 square feet total on the entire property. They would also be comfortable moving the medical center back to a specific use permit with the L 17 designation. Council Member Gregory asked if the commercial zoning on the property would be limited to 7500 square feet over the entire plan. Reichhart stated that there could be 7500 square feet in the square area on the corner. Any other retail would need a specific use permit. Council Member Gregory asked about the administrative/research facilities. Reichhart stated that it would be allowed with a specific use permit and the L14 designation. Council Member Watts questioned the L14 definition. Reichhart stated that it was limited to 10,000 square feet. Council Member Watts stated that with the L17 definition, administrative/research and grocery store were allowed under that category unless excluded from L14. Reichhart stated that they were excluded in L 14. City of Denton City Council Minutes September 21, 2010 Page 14 Council Member Watts stated that all the discussion he had heard and the discussion expressed to the neighbors was the intention to develop the property into some type of medical development, with the possibility of some retail on the corner. He was not sure how temporary use fit into that scenario or how restaurant/private club fit into that type of development. If the proposal was supposed to be a medical destination, he did not know why there were uses outside of that type of description. Reichhart stated that one of the more successful medical parks had a sponsored day care for employees and employees of a business park. In his opinion, a successful business park/office complex needed several different uses as he believed in mixed uses. There could be a sandwich shop on the first floor of one of the buildings for the employees in the area. He did not like to limit an area of that size to just office. Retail sales might include a magazine shop on the corner away from major retail. The specific use permit process gave Council the final approval. Council Member Watts asked if the site plan would remain with the Planning and Zoning Commission. Reichhart stated that it would probably end up at Council. He felt a singular use on more than one parcel was not always the best type of zoning. He was in favor of mixed use developments. Council Member Watts asked about the use of a drive through facility. Reichhart stated that some medical offices had a small pharmacy and might need a drive through. Council Member Engelbrecht asked about the referral of a day care in a large facility. Reichhart stated that research facilities often had day cares associated with them. Engelbrecht questioned if the medical office designation would have enough employees to support a sandwich shop or other retail. He questioned the difference between medical centers and medical offices. Reichhart felt that staff could explain that more appropriately. Engelbrecht noted that the applicant was asking for that as a use but did not seem to know what it was. Reichhart stated that a medical center did day procedures. Council Member Engelbrecht asked about a masonry fence between the residential properties and the proposed five acres. Reichhart felt that a wood fence was more appropriate than a brick wall which out of character with the neighborhood. Council Member Gregory questioned if the restrictions would prohibit a convenience grocery store. City of Denton City Council Minutes September 21, 2010 Page 15 Reichhart stated the restriction would be a convenience store associated with a gas station. The following individuals submitted Speaker Cards: Elise Ridenour, 2044 West Oak, Denton, 76201 - opposed Gene Hargrove, 2025 Houston Place, Denton, 76201 - opposed Peter Hulstrann, 320 Bonnie Brae, Denton, 76208 - support David Kaplan, 308 Marietta Street, Denton, 76201 - opposed Bob Clifton, 1800 Morris, Denton, 76205 - support Dave Lynn, 2120 Houston Place, Denton, 76201 - opposed Michelle Lynn, 2120 Houston Place, Denton, 76201 - opposed Deborah Conti, 2106 N. Bell, Denton, 76209 - opposed Steven Friedson, 2044 West Oak, Denton, 76201 - opposed Joann Nunnlley, 2215 Houston Place, Denton, 76201 - opposed Caroline Polliard, 1800 West Oak, Denton, 76201 - opposed Comment cards were received from: Mike and Lynda Nolen, 2280 W. Oak, Denton, 76208 - support Melody Buys, 314 N. Bonnie Brae, Denton, 76201 - support Gary Chang, 1600 W. Hickory, Denton, 76201 - support Marsha and Dixie Stevenson, 1920 W. Oak, Denton, 76201 - opposed Dora Sloan, no address given - opposed Leona Langford, no address given - opposed Rahna Raney, no address given - opposed Mrs. Tom Harpool, 2222 Houston Place, Denton, 76201 - opposed Pete and Elizabeth Gunter, 225 Jagoe, Denton, 76201 - opposed Francisca Massardo, 2035 Houston Place, Denton, 76201 - opposed Ricardo Rozzi, 2035 Houston Place, Denton, 76201 - opposed Mayor Burroughs indicated that the petitioner would be allowed a rebuttal. Council Member Engelbrecht questioned the rebuttal time. If the petitioner was allowed a rebuttal, then everyone who was required to fill out a card to speak should be allowed a second opportunity to speak. Mayor Burroughs indicated that during public hearings the petitioner was allowed a rebuttal time but as this was not a public hearing, he would do it under part of the Mayor's discussion period. Richhart indicated that he had spoken to his client and he would be willing to limit the uses to office only on the entire property with no retail. All other architectural restrictions would still apply with the only difference being that there would only be office/professional with no retail on the property. Council Member Gregory stated that the corner of the property had a building which was used for commercial and was zoned NR3. That business was closed. He questioned if it could be opened up again as a commercial use. City of Denton City Council Minutes September 21, 2010 Page 16 Russell stated that it did not have a special exception so it would be a non-conforming use. If it were abandoned for six months or more, it would lose those rights. He would have to verify whether or not it had lost its nonconforming rights. Council Member Gregory asked if it would be possible to have something in writing about the new criteria before voting on it. Russell stated that all uses would go away except for professional/offices with the L17 condition. The development standards were added back in as noted. Mayor Burroughs asked about the condition of Houston Place not going through Richhart stated that was 44 on the list of conditions Russell stated that the intent was to still have the plan attached and updated to show Houston Place terminated at end of the property. Council Member Engelbrecht asked if the solid wood fence was covered under the Property Maintenance Code. Russell replied that maintenance would be a code enforcement issue. Council Member Watts questioned if the constriction of a new fence was governed by the Development Code. Russell indicated that was specific to perimeter fences only. Council could add in language that the applicant would be required to follow perimeter fence requirements or add language have to the fence maintained to certain standards. Council Member Heggins stated that the citizens had expressed opposition to the first plan and now there was another plan proposed. She questioned how the citizens felt about the new proposal. Ridenour stated that it was a huge change in the proposal and it was not close to what it was before them at any time. The Steering Committee had indicated that they would not oppose the plan if it was kept strictly medical offices with a more substantial fence than wood. She questioned under what circumstances the applicant could ask for change in zoning to allow something other than medical offices. Russell stated that under the procedures for zoning amendments, a proposal that was denied would not be eligible for 12 months unless a substantial change in circumstances was done. Council Member Engelbrecht asked if the applicant would immediately apply for rezoning. City Attorney Burgess stated that the limit in the Code was for denial. City of Denton City Council Minutes September 21, 2010 Page 17 Council Member Gregory stated that there were still concerns about the Bonnie Brae corridor and what it could be. He felt they were close to a consensus but was uncomfortable amending the proposal during the meeting. He suggested postponing it for another meeting or two Mayor Burroughs stated that all other uses than professional/office would be eliminated. Any unintended consequences would be on the developer and not on the Council. That was the risk that was taken for speculative zoning. By eliminating all other uses, the risks were narrowed as much as possible. Council Member King stated that the petitioner had given up as much as was requested by the neighborhood. Mayor Pro Tem Kamp felt that they were very close to a consensus. Many neighbors had indicated that they would not oppose the proposal if it were specific for office. Mayor Pro Tem Kamp motioned, Council Member Heggins seconded to table the proposal to the October 5th council meeting with staff returning with the exact wording for no retail usage, office/professional usage only, fencing requirements and overlay requirements. On roll call vote, Council Member Watts "aye", Council Member King "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. C. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Council Member Heggins noted the upcoming Hispanic Heritage Celebration and the Worldfest Celebration. Council Member King noted the upcoming Wild Beast Feast. D. 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. City of Denton City Council Minutes September 21, 2010 Page 18 E. 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 9:22 p.m. MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS AGENDA INFORMATION SHEET AGENDA DATE: October 5, 2010 DEPARTMENT: Human Resources A~T ACM: Jon Fortune SUBJECT 1. Consider adoption of an ordinance approving an employment agreement for the City Manager and authorizing the Mayor to execute said agreement setting the compensation and terms of that employment; authorizing expenditures and actions; and providing an effective date. 2. Consider adoption of an ordinance approving an employment agreement for the City Attorney and authorizing the Mayor to execute said agreement setting the compensation and terms of that employment; authorizing expenditures and actions; and providing an effective date. BACKGROUND On September 14, 2010, the City Council conducted performance reviews of the Council appointees. During that meeting, the Council discussed recommended changes to the employment agreements for the City Manager and City Attorney. EXHIBITS 1- Ordinance Approving an Employment Agreement for the City Manager/Employment Agreement for George C. Campbell 2- Ordinance Approving an Employment Agreement for the City Attorney/Employment Agreement for Anita Burgess Respectfully submitted: Carla J. Romine Director of Human Resources SALegal\Our DocumentslOrdinancesltO1Campbe1120t0 Ord.doc ORDINANCE NO. AN ORDINANCE APPROVING AN EMPLOYMENT AGREEMENT FOR THE CITY MANAGER AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT SETTING THE COMPENSATION AND TERMS OF THAT EMPLOYMENT; AUTHORIZING EXPENDITURES AND ACTIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 19, 2006, the City Council approved an employment agreement with George C. Campbell as City Manager by Ordinance No. 2006-256, which agreement was amended effective May 1, 2007 pursuant to Ordinance No. 2007-126 (the "Agreement"); and WHEREAS, the City Council desires to continue the employment of George Campbell as City Manager for the City of Denton; and WHEREAS, the City Council finds that this Ordinance is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitals and findings contained in the preamble of this Ordinance are incorporated into the body of this Ordinance. SECTION 2. The City Council hereby approves an Employment Agreement for the City Manager and authorizes the Mayor, or his designee to execute the Agreement on behalf of the city. SECTION 3. The City expenditures provided for in the Agreement are hereby authorized. SECTION 4. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY r, BY: STATE OF TEXAS § COUNTY OF DENTON § Employment Agreement This Employment Agreement (this "Agreement") is made and entered into this 1st day of October 2010 by and between the City of Denton, Texas, a Texas municipal corporation (the "Employer") and George C. Campbell (the "Employee"), with the Employer and the Employee sometimes being referenced collectively in this Agreement as the "Parties." Witnesseth: Whereas, the City Council of the City of Denton (the "Council") and the Employee desire to amend that certain written Employment Agreement dated the 5'h day of June, 2007, as amended, to continue the employment services of the Employee as City Manager of the City of Denton; and Whereas, it is the desire of the Council to: (1) secure and retain the services of the Employee and to provide inducement for him to remain in such employment; (2) make possible full work productivity by assuring the Employee's morale and peace of mind with respect to future security; and (3) act as a deterrent against malfeasance or dishonesty for personal gain on the part of the Employee; and Whereas, the Employee desires to continue employment as City Manager of said City of Denton, Texas as a Council appointee; and Whereas the Parties acknowledge that the Employee is a member of the International City/County Management Association (ICMA) and that the Employee is subject to the ICMA Code of Ethics; Now, therefore, in consideration of the mutual covenants herein contained, the Parties agree as follows: SECTION 1. DEFINITIONS In this Agreement, the following words and phrases shall have the following meanings: City means the City of Denton, Texas. Commencement Date means October 1, 2010. Extended Term means any one-year time period, or any part thereof, during which this Agreement remains in full force and effect as a result of any automatic renewal of the terms of this Agreement. PAGE 1 OF 7 Initial Term means the five-year time period beginning on the Commencement Date and ending on September 30, 2015, during which this Agreement shall be in full force and effect if not earlier terminated in accordance with the provisions of this Agreement. Involuntary Separation has the meaning assigned in Section 50. of this Agreement. Sal a means the monetary amount stated in Section 6.A. of this Agreement that the Employee is entitled to as an annual base salary-or, if no longer current, then the monetary amount that the Employee is currently entitled to as an annual base salary as approved by the Council-and does not include the value of any other benefit of employment or other amount. Termination Date means the date upon which this Agreement terminates under any applicable provision of this Agreement. Total Compensation means the combined sum of the Employee's Salary and the monetary value of all other benefits that the Employee is entitled to under this Agreement and otherwise as an Employee of Employer. SECTION 2. DUTIES The Employer hereby continues to engage the employment services of the Employee as City Manager of the City to perform the functions and duties specified by the Denton Home Rule City Charter (the "City Charter"), the Code of the City of Denton, Texas (the "City Code"), the laws of the State of Texas, and all other applicable laws, and to perform other legally permissible and proper duties and functions as the Employer shall from time to time assign. SECTION 3. TERM A. The Initial Term of this Agreement is five years beginning on the 1St day of October 2010 and ending on the 30th day of September 2015. B. Unless the Council-at least 30 days before the expiration of the Initial Term-gives the Employee written notice of non-renewal, the terms of this Agreement shall automatically renew for one Extended Term. Unless the Council-at least 30 days before the expiration of an Extended Term once commenced-gives the Employee written notice of nonrenewal, the terms of this Agreement shall automatically renew for an additional Extended Term. C. This Agreement may be terminated before the expiration of the Initial Term or before the expiration of any subsequent Extended Term by the Employer or the Employee under any applicable provision of this Agreement. If the Employer terminates this Agreement, it must do so either by: (1) following the procedures set forth in Section 4 of this Agreement; or (2) providing a notice of non-renewal in accordance with Section 3.13. of this Agreement. The Employee may terminate this Agreement by providing at least 30 days written notice to the Employer before the date designated by the Employee for termination. PAGE 2 OF 7 SECTION 4. INVOLUNTARY SUSPENSION/REMOVAL The Employer may suspend or remove the Employee but only if at least 30 days before the suspension or removal shall become effective, the Council shall by a majority vote of its members adopt a preliminary resolution stating the reasons for removal. Employee may reply in writing and may require a hearing at a public meeting of the Council, which shall be held not earlier than 20 days and not later than 30 days after the filing of such request. The hearing may be held in executive session, at the option of the Council, unless Employee requests the hearing be held in open session in accordance with Tex. Gov't Code §551.074. Pending such hearing, the Council may suspend Employee from duty, but may not suspend or reduce the Employee's Salary, After such hearing or public hearing, if one be requested, and after full consideration, the Council by majority vote may adopt a final resolution of removal or reinstatement. This Agreement shall be deemed to terminate on the effective date of a final resolution of removal. SECTION 5. SEPARATION AND SEVERANCE PAY A. Upon Involuntary Separation occurring during the Initial Term, the Employee shall be entitled to a lump sum severance payment equal to a full year of the Employee's Total Compensation. B. Provided that the Employee remains at all times employed as Employer's City Manager for the entire Initial Term of this Agreement, the Employee shall thereafter be entitled to receive a full year of the Employee's Total Compensation upon Involuntary Separation, except in the event such Involuntary Separation is due to any of the reasons set forth in Section 5.C. of this Agreement, in which case the Employer shall not be obligated to pay and the Employee shall not be entitled to receive any amount as severance payment. C. Notwithstanding Section 5.A., Section 5.B., or any other provision of this Agreement, the Employer shall not be obligated to pay and the Employee shall not be entitled to receive any amount as severance payment if the Employee's separation from employment is due to the Employee having been convicted of any felony offense or any non-felony offense involving: (1) moral turpitude; or (2) an illegal act(s) resulting in personal gain to the Employee. D. "Involuntary Separation" means the Employee's: (1) removal by the Council under Section 4 of this Agreement; (2) separation by the Council's act of non-renewal of the Initial Term as set forth in Section 3.13. of this Agreement; or (3) the Employee's resignation upon the Council's reduction or threatened reduction in the Employee's Salary or other financial benefits in a greater percentage than a coinciding across-the- board reduction for all City employees. If Employee resigns upon such a reduction, the calculation of the amount of any severance pay due and owing under this Agreement shall be based on the amount of the Employee's Total Compensation immediately before any such reduction. PAGE 3 OF 7 SECTION 6. SALARY A. For the services rendered as the Employer's City Manager, the Employer agrees to pay Employee an annual base salary of $222,560 payable in installments at the same time as other employees of the Employer are paid. All provisions of the City Charter, City Code, and Council-adopted Rules and Regulations relating to the vacation and sick leave, retirement and pension system contribution, holidays, and other fringe benefits and working conditions as they now exist or hereafter may be amended, shall apply to Employee as they would to other employees of the City, which benefits include health insurance, long-term disability insurance, retirement under the Texas Municipal Retirement System, and other benefits as provided to other Council appointees of the City. However, the Employee may elect to not participate in the Employer's health insurance plan, in which case the Employee will be entitled to an additional sum of up to $8,000 annually, which will be paid in installments at the time the Employee's Salary is paid. B. In addition, Employer agrees to increase the Employee's Salary and/or other employment benefits to such extent as the Council may determine within the approved budget that it is desirable to do so on the basis of an annual performance review of the Employee made at the same time as similar consideration is given other Council appointees. SECTION 7. PERFORMANCE EVALUATION A. The Council shall review and evaluate the performance of the Employee at least once annually during the time set aside each year for the performance review of other Council appointees. Said review and evaluation shall be in accordance with specific criteria developed jointly by Employee and Employer. Said criteria may be added to or deleted from as the Council and Employee shall agree. B. Annually, the Council and Employee shall define such goals and performance objectives which they determine necessary for the proper operation of the City of Denton, Texas, and in the attainment of the Council's policy objectives and shall further establish a relative priority among those various goals and objectives. SECTION 8. HOURS OF WORK It is recognized by both Employer and Employee that the duties of City Manager require a great deal of time outside of normal office hours. It is also recognized by the Parties that Employee is required to devote the amount of time and energy necessary to carry out those duties with the highest amount of professionalism possible. That being the case, the Parties recognize that Employee may choose to take personal time off during business hours when it is appropriate and when the Employee's duties allow. Although this personal time off is not considered vacation, neither is it to be considered as compensatory time for time spent by Employee in carrying out the Employee's duties outside of normal office hours, as the Parties agree that the Employee must devote the amount of time necessary to fulfill those duties. The Council will consider the Employee's use of personal time off during the performance evaluation. PAGE 4 OF 7 SECTION 9. OUTSIDE EMPLOYMENT/ACTIVITIES While employed under this Agreement, the Employee agrees to remain in the exclusive employ of the City and neither to accept other employment nor to become employed by any other employer. Employee is entitled to devote whatever amount of time the Employee feels is appropriate under the circumstances to the pursuit of teaching, counseling, consulting, writing or other non-employer connected business outside of normal business hours of the Employer, provided that this does not conflict or interfere with the Employee's duties as City Manager, and provided that Employee first notifies the Council Appointee Performance Review Committee that the Employee intends to engage in such activity and same is approved by the Chair of the Committee. SECTION 10. AUTOMOBILE The Employee is required to be on call for 24-hour service, so therefore, must have access to a vehicle for City business. Employer shall grant to the Employee a car allowance of $1,200 per month for providing such vehicle. The Employee shall be responsible for the purchase maintenance, insurance, taxes, etc. for said vehicle. The monthly allowance will be considered for increase during the performance evaluation process. The Employer also agrees to reimburse Employee for mileage for out-of-county travel. associated with City business at the current IRS rate for mileage reimbursement in accordance with the then current City Travel Reimbursement Policy for City employees with car allowances. SECTION 11. RETIREMENT A. Employer agrees to execute all necessary agreements provided by the International City/County Management Association - Retirement Corporation (ICMA-RC) for Employee's participation in said ICMA-RC retirement plans. Employer further agrees to contribute a total of 10% of Employee's Salary to ICMA-RC's 457, 401A plans, and/or another approved deferred compensation plan. All sums contributed to said plans shall be in addition to Employee's Salary. Employer also agrees to allow Employee to contribute whatever portion of the Employee's Salary the Employee deems appropriate to said plan, including "catch-up" provisions. B. Employer agrees to pay the percentage of the cost of Employee's participation in the TMRS retirement program, in accordance with Employer's current policy for other executive-level employees. C. If the Employee retires pursuant to a qualified retirement plan, or is permanently disabled during the term of this Agreement, the Employee shall be compensated for the sick leave, vacation leave, holidays, and other benefits then accrued or credited to the Employee in accordance with Employer's current policies for compensation for these benefits, and, at the Employee's option, shall be permitted to continue to participate in the City's health insurance plan on the same basis as other retirees from the City are permitted to do so, or, if such other retirees are not permitted to do so, at the cost of the Employee. PAGE 5 OF 7 SECTION 12. DUES, MEMBERSHIPS AND SUBSCRIPTIONS Employer agrees to budget and to pay for the professional dues, memberships and subscriptions of Employee necessary for the Employee's continuation of full participation in national, regional, state and local associations and organizations necessary and desirable for the Employee's continued professional participation, growth and advancement as City Manager, and for the good of the Employer in amounts that are approved by the Council in the annual budget for the General Government. i SECTION 13. PROFESSIONAL DEVELOPMENT Employer hereby agrees to budget for and to pay the full travel, participation, and subsistence expenses of Employee for professional and official travel, meetings and occasions adequate to continue the professional development of Employee, and to adequately pursue necessary official and other functions for Employer, including but not limited to the Annual Conference of International City/County Management Association, any Texas Association of City Management meetings, and other such national, regional, state and local groups and committees thereof which Employee serves as a member in the amounts approved by the Council in the annual budget for the City Manager - Administration. SECTION 14. BONDING Employer shall bear the full cost of any fidelity or other bonds that may be required of the Employee under any law or ordinance. SECTION 15. OTHER TERMS AND CONDITIONS OF EMPLOYMENT A. The Council, upon recommendation of the Council Appointee Performance Review Committee and in consultation with the Employee, shall fix any such other terms and conditions of employment as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City Charter or any other law, and are memorialized by a written amendment to this Agreement. B. All provisions of the City Charter and the City Code, and regulations and rules of the Employer relating to vacation and sick leave, retirement and pension system contributions, holiday, and other fringe benefits and working conditions as they now exist or hereafter may be amended, also shall apply to Employee as they would to other employees of the Employer in addition to said benefits enumerated specifically for the benefit of Employee. SECTION 16. GENERAL PROVISIONS A. The text herein shall constitute the entire agreement between the Parties, and shall supersede and replace any previous agreement{s} between the Parties regarding the subject matter of this Agreement. PAGE 6 OF 7 ti B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. C. If any provision, or any portion, thereof, contained in this Agreement is held unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed several, shall not be affected and shall remain in force and effect. I D. The venue of any litigation involving this Agreement shall be in a court of competent jurisdiction sitting in Denton County, Texas. SECTION 17. APPROPRIATIONS The Employer agrees that it will appropriate, set aside and encumber funds of the City in an amount sufficient to fund and pay all financial obligations of the City pursuant to this Agreement, including, but not limited to the severance pay, Salary and benefits set forth and described herein. SECTION 18. EFFECTIVE DATE This Agreement shall take effect on October 1, 2010. IN WITNESS WHEREOF, the Mayor as duly authorized by the Council and on behalf of the City of Denton, has signed and executed this Agreement and the Employee has signed and executed this Agreement, both in duplicate, the day and year first above written. CITY OF DENTON, TEXAS MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY GEORGE C. CAMPBELL CITY MANAGER PAGE 7 OF 7 AGENDA INFORMATION SHEET AGENDA DATE: October 5, 2010 DEPARTMENT: Human Resources A~T ACM: Jon Fortune SUBJECT 1. Consider adoption of an ordinance approving an employment agreement for the City Manager and authorizing the Mayor to execute said agreement setting the compensation and terms of that employment; authorizing expenditures and actions; and providing an effective date. 2. Consider adoption of an ordinance approving an employment agreement for the City Attorney and authorizing the Mayor to execute said agreement setting the compensation and terms of that employment; authorizing expenditures and actions; and providing an effective date. BACKGROUND On September 14, 2010, the City Council conducted performance reviews of the Council appointees. During that meeting, the Council discussed recommended changes to the employment agreements for the City Manager and City Attorney. EXHIBITS 1- Ordinance Approving an Employment Agreement for the City Manager/Employment Agreement for George C. Campbell 2- Ordinance Approving an Employment Agreement for the City Attorney/Employment Agreement for Anita Burgess Respectfully submitted: Carla J. Romine Director of Human Resources ~ r . ORDINANCE NO. AN ORDINANCE APPROVING AN EMPLOYMENT AGREEMENT FOR THE CITY ATTORNEY AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT SETTING THE COMPENSATION AND TERMS OF THAT EMPLOYMENT; AUTHORIZING EXPENDITURES AND ACTIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council on August 19, 2008 approved an employment agreement with Anita Burgess by Ordinance No. 2008-193; and WHEREAS, the City Council desires to continue the employment of Anita Burgess as the City Attorney for the City of Denton; and WHEREAS, the City Council Finds that this Ordinance is in the public interest; NOW, THEREFORE: THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitals and findings contained in the preamble of this Ordinance are incorporated into the body of this Ordinance. SECTION 2. The City Council hereby approves an Employment Agreement for the City Attorney and authorizes the Mayor, or his designee to execute the Agreement on behalf of the City. SECTION 3. The City expenditures provided for in the Agreement are hereby authorized, SECTION 4. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 2010. MARK A. BURROUGHS, MAYOR ATTEST: APPROVED AS TO LEGAL FORM: JENNIFER WALTERS, CITY SECRETARY CLARK MCCOY BY: BY(2 V. STATE OF TEXAS § COUNTY OF DENTON § Employment Agreement This Employment Agreement (this "Agreement") is made and entered into this 1st day of October 201.0 by and between the City of Denton, Texas, a Texas municipal corporation (the "Employer") and Anita Burgess (the "Employee"), with the Employer and the Employee sometimes being referenced collectively in this Agreement as the "Parties." Witnesseth: Whereas, the City Council of the City of Denton (the "Council") and the Employee desire to amend that certain written Employment Agreement dated the 19ffi day of August, 2008, as amended, to continue the employment services of the Employee as City Attorney of the City of Denton; and Whereas, it is the desire of the Council to: (1) secure and retain the services of the Employee and to provide inducement for the Employee to remain in such employment; (2) make possible full work productivity by assuring the Employee's morale and peace of mind with respect to future security; and (3) act as a deterrent against malfeasance or dishonesty for personal gain on the part of the Employee; and Whereas, the Employee desires to continue employment as City Attorney of said City of Denton, Texas as a Council appointee; and Whereas the Parties acknowledge that Employee is a member of the State Bar of Texas ("State Bar") and that Employee is subject to the Texas Disciplinary Rules of Professional Conduct; Now, therefore, in consideration of the mutual covenants herein contained, the Parties agree as follows: SECTION 1. DEFINITIONS In this Agreement, the following words and phrases shall have the following meanings: City means the City of Denton, Texas. Commencement Date means October 1, 2010. Extended Term means any one-year time period, or any part thereof, during which this Agreement remains in full force and effect as a result of any automatic renewal of the terms of this Agreement. PAGE 1 OF 8 Initial Term means the five-year time period beginning on the Commencement Date and ending on September 30, 2015, during which this Agreement shall be in full force and effect if not earlier terminated in accordance with the provisions of this Agreement. Involuntary Separation has the meaning assigned in Section 5.D. of this Agreement. Sala means the monetary amount stated in Section 6.A. of this Agreement that the Employee is entitled to as an annual base salary-or, if no longer current, then the monetary amount that the Employee is currently entitled to as an annual base salary as approved by the Council---and does not include the value of any other benefit of employment or other amount. Termination Date means the date upon which this Agreement terminates under any applicable provision of this Agreement. Total Compensation means the combined sum of the Employee's Salary and the monetary value of all other benefits that the Employee is entitled to under this Agreement and otherwise as an Employee of Employer. SECTION 2. DUTIES I Employer hereby continues to engage the employment services of the Employee as City Attorney of said Employer to perform the functions and duties specified by the Denton Home Rule City Charter (the "City Charter"), the Code of the City of Denton, Texas (the "City Code"), and all other applicable laws, and as outlined in the City of Denton's job description as it now exists or as it may exist with future modifications by the Council and agreed upon by the employee, and to perform other legally permissible and proper duties and functions as Employer shall from time to time assign. SECTION 3. TERM A. The Initial Term of this Agreement is five years beginning on the l 5t day of October 2010 and ending on the 30th day of September 2015. B. Unless the Council-at least 30 days before the expiration of the Initial Term-gives the Employee written notice of non-renewal, the terms of this Agreement shall automatically renew for one Extended Term. Unless the Council-at least 30 days before the expiration of an Extended Term once commenced-gives the Employee written notice of nonrenewal, the terms of this Agreement shall automatically renew for an additional Extended Term. C. This Agreement may be terminated before the expiration of the Initial Term or before the expiration of any subsequent Extended Term by the Employer or the Employee under any applicable provision of this Agreement. If the Employer terminates this Agreement, it must do so either by: (1) following the procedures set forth in Section 4 of this Agreement; or (2) providing a notice of non-renewal in accordance with Section 3.13. of PAGE 2 OF 8 this Agreement. The Employee may terminate this Agreement by providing at least 30 days written notice to the Employer before the date designated by the Employee for termination. SECTION 4. INVOLUNTARY SUSPENSION/REMOVAL The Employer may suspend or remove the Employee but only if at least 30 days before the suspension or removal shall become effective, the Council shall by a majority vote of its members adopt a preliminary resolution stating the reasons for removal. Employee may reply in writing and may require a hearing at a public meeting of the Council, which shall be held not earlier than 20 days and not later than 30 days after the filing of such request. The hearing may be held in executive session, at the option of the Council, unless Employee requests the hearing be held in open session in accordance with Tex. Gov't Code §551.074. Pending such hearing, the Council may suspend Employee from duty, but may not suspend or reduce the Employee's Salary. After such hearing or public hearing, if one be requested, and after full consideration, the Council by majority vote may adopt a final resolution of removal or reinstatement. This Agreement shall be deemed to terminate on the effective date of a final resolution of removal. SECTION 5. SEPARATION AND SEVERANCE PAY A. Upon Involuntary Separation occurring during the Initial Term, the Employee shall be entitled to a lump sum severance payment in addition to all amounts previously earned. The amount of the severance payment required to be paid to the Employee upon Involuntary Separation occurring during the Initial Term of this Agreement shall be a portion of the amount of the Employee's Total Compensation, said portion being eight months of the Employee's Total Compensation for Involuntary Separation occurring at any time during the first year of the Initial Term, with said portion increasing by an additional month's Total Compensation for each subsequent year, as demonstrated in the following schedule. Portion of Total Year of Employment during Compensation to be Paid as Initial Term Severance Upon Involuntary Separation During Initial Term Year 1 10/1/2010 - 9/30/2011 8 months Year 2 (101112011-- 913012012) 9 months Year 3 (101112012 - 913012013) 10 months Year 4 (10/1/2013 --913012014) 11 months Year 5 (10/l/2014-9/30/2015) 12 months B. Provided that the Employee remains at all times employed as Employer's City Attorney for the entire Initial Term of this Agreement, the Employee shall thereafter be entitled to receive a full year of the Employee's Total Compensation upon Involuntary Separation, PAGE 3 OF 8 except in the event such Involuntary Separation is due to any of the reasons set forth in Section 5.C. of this Agreement, in which case the Employer shall not be obligated to pay and the Employee shall not be entitled to receive any amount as severance payment. C. Notwithstanding Section 5.A., Section 5.B., or any other provision of this Agreement, the Employer shall not be obligated to pay and the Employee shall not be entitled to receive any amount as severance payment if the Employee's separation from employment is due to the Employee having been convicted of any felony offense, or any non-felony offense involving: (1) moral turpitude; or (2) an illegal act(s) resulting in personal gain to the Employee. D. "Involuntary Separation" means the Employee's: (1) removal by the Council under Section 4 of this Agreement; (2) separation by the Council's act of non-renewal of the Initial Term or any Extended Term as set forth in Section 3.13. of this Agreement; or (3) the Employee's resignation upon the Council's reduction or threatened reduction in the Employee's Salary or other financial benefits in a greater percentage than a coinciding across-the-board reduction for all City employees. If Employee resigns upon such a reduction, the calculation of the amount of any severance pay due and owing under this Agreement shall be based on the amount of the Employee's Total Compensation immediately before any such reduction. SECTION 6. SALARY A. For the services rendered as the Employer's City Attorney, the Employer agrees to pay Employee an annual base Salary of $194,480, payable in installments at the same time as other employees of the Employer are paid, All provisions of the City Charter, City Code, and Council-adopted Rules and Regulations relating to the vacation and sick leave, retirement and pension system contribution, holidays, and other fringe benefits and working conditions as they now exist or hereafter may be amended, shall apply to Employee as they would to other employees of the City, which benefits include health insurance, long-term disability insurance, retirement under the Texas Municipal Retirement System, and other benefits as provided to other Council appointees of the City. B. In addition, Employer agrees to increase the Employee's Salary and/or other employment benefits to such extent as the Council may determine within the approved budget that it is desirable to do so on the basis of an annual performance review of the Employee made at the same time as similar consideration is given other Council appointees. SECTION 7. PERFORMANCE EVALUATION A. The Council shall review and evaluate the performance of the Employee at least once annually during the time set aside each year for the performance review of other Council appointees. Said review and evaluation shall be in accordance with specific criteria PAGE 4 OF 8 developed jointly by Employee and Employer. Said criteria may be added to or deleted from as the Council and Employee shall agree. B. Annually, the Council and Employee shall define such goals and performance objectives, which they determine necessary for the proper operation of the City of Denton Legal Department, and in the attainment of the Council's policy objectives and shall further establish a relative priority among those various goals and objectives. SECTION 8. HOURS OF WORK It is recognized by both Employer and Employee that the duties of City Attorney require a great deal of time outside of normal office hours. It is also recognized by the Parties that Employee is required to devote the amount of time and energy necessary to carry out those duties with the highest amount of professionalism possible. That being the case, the Parties recognize that Employee may choose to take personal time off during business hours when it is appropriate and when the Employee's duties allow. Although this personal time off is not considered vacation, neither is it to be considered as compensatory time for time spent by Employee in carrying out the Employee's duties outside of normal office hours, as the Parties agree that the Employee must devote the amount of time necessary to fulfill those duties. The Council will consider the Employee's use of personal time off during the performance evaluation. SECTION 9. OUTSIDE ACTIVITIES I Employee is entitled to devote whatever amount of time the Employee feels is appropriate under the circumstances to the pursuit of teaching, counseling, consulting, writing or other non- employer connected business outside of normal business hours of the Employer, provided that this does not conflict or interfere with the Employee's duties as City Attorney, and provided that Employee first notifies the Council Appointee Performance Review Committee that the Employee intends to engage in such activity, including the amount of time the Employee intends to devote to this activity and the Employee's engagement in the activity is approved by the Chair of the Committee. SECTION 10. AUTOMOBILE The Employee is required to be on call for 24-hour service, so therefore, must have access to a vehicle for City business. Employer shall grant to the Employee a car allowance of $650 per month for providing such vehicle. The Employee shall be responsible for the purchase maintenance, insurance, taxes, etc. for said vehicle. The monthly allowance will be considered for increase during the performance evaluation process. The Employer also agrees to reimburse Employee for mileage outside a 50-mile radius of the City of Denton associated with City business at the current IRS rate for mileage reimbursement in accordance with the then current City Travel Reimbursement Policy for City employees with car allowances. PAGE 5 OF 8 SECTION 11. RETIREMENT A. Employer agrees to execute all necessary agreements provided by the International City/County Management Association - Retirement Corporation (ICMA-RC) for Employee's participation in said ICMA-RC retirement plans. Employer further agrees to contribute a total of 10% of Employee's Salary to ICMA-RC's 457 plan. All sums contributed to said plan shall be in addition to Employee's Salary. Employer also agrees to allow Employee to contribute whatever portion of the Employee's Salary the Employee may deem appropriate to said plan, including "catch-up" provisions. B. Employer agrees to pay the percentage of the cost of Employee's participation in the TMRS retirement program, in accordance with Employer's current policy for other executive-level employees. C. If the Employee retires pursuant to a qualified retirement plan, or is permanently disabled during the term of this Agreement, the Employee shall be compensated for the sick leave, vacation leave, holidays, and other benefits then accrued or credited to the Employee in accordance with Employer's current policies for compensation for these benefits, and, at the Employee's option, shall be permitted to continue to participate in the City's health insurance plan on the same basis as other retirees from the City are permitted to do so, or, if such other retirees are not permitted to do so, at the cost of the Employee. SECTION 12. DUES, MEMBERSHIPS AND SUBSCRIPTIONS Employer agrees to budget and to pay for the professional dues, memberships and subscriptions of Employee necessary for the Employee's continuation of full participation in national, regional, state and local associations and organizations necessary and desirable for the Employee's continued professional participation, growth and advancement as City Attorney, and for the good of the Employer in amounts that are approved by the Council in the annual budget for the Legal Department. SECTION 13. PROFESSIONAL DEVELOPMENT Employer hereby agrees to budget for and to pay the full travel, participation, and subsistence expenses of Employee for professional and official travel, meetings and occasions adequate to continue the professional development of Employee, and to adequately pursue necessary official and other functions for Employer, including but not limited to the Annual Conference of International Municipal Lawyers Association, Texas City Attorneys Association, Texas Municipal League, and other such national, regional, state and local groups and committees thereof which Employee serves as a member in the amounts approved by the Council in the annual budget for the Legal Department. PAGE 6 OF 8 SECTION 14. BONDING Employer shall bear the full cost of any fidelity or other bonds that may be required of the Employee under any law or ordinance. SECTION 15. OTHER TERMS AND CONDITIONS OF EMPLOYMENT A. The Council, upon recommendation of the Council Appointee Performance Review Committee and in consultation with the Employee, shall fix any such other terms and conditions of employment as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City Charter or any other law, and are memorialized by a written amendment to this Agreement. B. All provisions of the City Charter and City Code, and regulations and rules of the Employer relating to vacation and sick leave, retirement and pension system contributions, holiday, and other fringe benefits and working conditions as they now exist or hereafter may be amended, also shall apply to Employee as they would to other employees of the Employer in addition to said benefits enumerated specifically for the benefit of Employee. SECTION 16. GENERAL PROVISIONS A. The text herein shall constitute the entire agreement between the Parties, and shall supersede and replace any previous agreement{s} between the Parties regarding the subject matter of this Agreement. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. C. If any provision, or any portion, thereof, contained in this Agreement is held unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed several, shall not be affected and shall remain in force and effect. D. The venue of any litigation involving this Agreement shall be in a court of competent jurisdiction sitting in Denton County, Texas. SECTION 17. APPROPRIATIONS The Employer agrees that it will appropriate, set aside and encumber funds of the City in an amount sufficient to fund and pay all financial obligations of the City pursuant to this Agreement, including, but not limited to the severance pay, Salary and benefits set forth and described herein. PAGE 7 OF 8 SECTION 1 8. EFFECTIVE DATE This Agreement shall take effect on October 1, 2010. IN WITNESS WHEREOF, the Mayor as duly authorized by the Council and on behalf of the City of Denton, has signed and executed this Agreement and the Employee has signed and executed this Agreement, both in duplicate, the day and year first above written. CITY OF DENTON, TEXAS MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY L ~ ra ANITA BURGESS CITY ATTORNEY PAGE 8 OF 8 AGENDA INFORMATION SHEET AGENDA DATE: October 5, 2010 DEPARTMENT: Streets ACM: Howard Martin, Utilities 349-8232 SUBJECT Consider adoption of an ordinance approving an amendment to the easement agreement for joint driveway access by and between the City of Denton, Denton Independent School District and Teasley Commons, Ltd. related to the appropriation of additional easement area for driveway widening purposes; and providing an effective date. (South Branch Library, Fire Station No. 6, and Sam Houston Elementary bus loop - 3200 block Teasley Lane) BACKGROUND In April 2010, the City of Denton and Denton County entered into an interlocal cooperation agreement providing for the funding, design and constriction of public access improvements related to the widening of the Teasley Lane access driveway, South Branch Library (Ordinance 2010-091). Driveway access to the South Branch Library, Fire Station No. 6 and Denton Independent School District (DISD) Houston Elementary (bus access) from Teasley Lane is gained via a narrow, approximately 22' wide driveway located wholly within a joint access easement. The easement, located on property owned by Teasley Commons, LTD., was originally executed on May 9, 1991 between the City and the property owner. It was later modified to include DISD on August 17, 1993 and provides for joint responsibility for the maintenance of the drive in question by the City, DISD and the property owner. The purpose of the subject amendment to that easement agreement is to include the additional area of land to accommodate driveway widening. City staff has completed project design and are poised to effectuate the contemplated driveway paving improvements. OPTIONS 1. Approve the proposed Ordinance. 2. Not approve the proposed Ordinance. 3. Table for future consideration. RECOMMENDATION Staff recommends approval of the Ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Ordinance 1991-047 - Joint Access Driveway Agmt. (South Branch Library/Fire Station No. 6) Ordinance 1993-146 - Inclusion of DISD as a party (Sam Houston bus loop paving extension) Ordinance 2010-091 - Denton County interlocal cooperation agreement (improvement funding) FISCAL INFORMATION Public access driveway widening improvements being funded by Denton County, as per the terms of the interlocal agreement. BID INFORMATION Not applicable EXHIBITS 1. Ordinance 2. Ordinance 1993-146 (Agreement being amended) 3. Amendment to Easement Agreement 4. Location Map Respectfully submitted, " Frank G. Payne, P.E. City Engineer Prepared by, Paul Williamson, Real Estate Manager EXHIBIT 1 sAegahour documentslordinances1101agreement amendment ordinance - teasley lane joint use driveway cod_disd_teasley commons Itd.doc ORDINANCE NO. AN ORDINANCE APPROVING AN AMENDMENT TO THE EASEMENT AGREEMENT FOR JOINT DRIVEWAY ACCESS BY AND BETWEEN THE CITY OF DENTON, DENTON INDEPENDENT SCHOOL DISTRICT AND TEASLEY COMMONS; LTD. RELATED TO THE APPROPRIATION OF ADDITIONAL EASEMENT AREA FOR DRIVEWAY WIDENING PURPOSES; AND PROVIDING AN EFFECTIVE DATE. (SOUTH BRANCH LIBRARY, FIRE STATION NO. 6, AND SAM HOUSTON ELEMENTARY BUS LOOP - 3200 BLOCK TEASLEY LANE) THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is hereby authorized to execute the Amendment to Easement Agreement No. 1, by and between the City of Denton, Denton Independent School District and Teasley Commons, Ltd. amending the Easement Agreement by and between the City of Denton, Denton Independent School District and Nations Bank of Texas, N.A., Ordinance 1993-146, (Teasley Commons, Ltd. now being successor in title and interests to all those certain tracts of land formerly owned by Nations Bank of Texas, MA.), in substantially the form of the agreement which is attached to and made a part of this ordinance for all purposes, for the objective of widening the access driveway paving improvements, Teasley Lane connection. SECTION 2. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 'E:\WPD0CS\0RD\NAT10N.0 EXHIBIT 2 ORDINANCE NO. 93 ~r AN ORDINANCE APPROVING AN EASEMENT AGREEMENT BETWEEN NATIONS BANK OF TEXAS, N.A., THE CITY OF DENTON, TEXAS, AND DENTON INDEPENDENT SCHOOL DISTRICT; AUTHORIZING THE ACCEPTANCE OF AN ACCESS EASEMENT FROM NATIONS BANK OF TEXAS, N.A.; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council of the City of Denton, Texas approves the Easement Agreement between the City, Nations Bank of Texas, N.A., and Denton Independent School District providing for an easement of the real property described in the Agreement, a copy of which is attached hereto as Exhibit "A" and incorporated by reference herein. SECTION II. That the City Manager is authorized to accept an access easement from Nations Bank of Texas, N.A and to execute any documents related to the easement. SECTION III. That this ordinance shall become effective immediately upon its passage and approva . PASSED AND APPROVED this the day of , 1993. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY?VED AP AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: STATE OF TEXAS § § EASEMENT AGREEMENT COUNTY OF DENTON g THIS EASEMENT AG E MENT hereinaft r referred to as this ''Agreement"), made the day of 1993, by and between NATIONS BANK OF TEXAS, N.A. (FORMERILk KNOWN AS NCNB TEXAS NATIONAL BANK, ASSIGNEE OF THE FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER OF FIRST REPUBLICBANK DALLAS, N.A., SUCCESSOR BY MERGER TO REPUBLICBANK DALLAS, N.A., FORMERLY KNOWN AS REPUBLIC BANK OF DALLAS), (hereinafter referred to as "Bank"), the CITY OF DENTON, TEXAS, a municipal corporation of the State of Texas (hereinafter referred to as "City"), and the DENTON INDEPENDENT SCHOOL DISTRICT, a political subdivision of the city of Denton, County of Denton, and State of Texas (hereinafter referred to as "District"). ALL REFERENCES CONTAINED HEREIN to "Bank," "City" or "District" include their respective successors, heirs, legal representatives, assigns, lessees or sublessees as if set forth at length. RECITALS WITNESSETH, THAT WHEREAS, City is the owner of all of that land situated in Denton County, Texas, which is described in Exhibit "A" attached hereto and incorporated herein for all purposes (hereinafter referred to as "Tract A"); and WHEREAS, District is the owner of all of that land situated in Denton County, Texas, which is described in Exhibit "B" attached hereto and incorporated herein for all purposes (hereinafter referred to as "Tract B"); and WHEREAS, Bank is the owner of a certain parcel of land lying in between and adjacent to both Tract A and Tract B in Denton County, Texas, which is described in Exhibit "C" attached hereto and incorporated herein for all purposes (hereinafter referred to as "Adjacent Tract"); and WHEREAS, City and District desire that Bank convey to City and District a perpetual and non-exclusive easement benefiting both Tract A and Tract B, in, over, across and through a portion of the Adjacent Tract, to provide for joint driveway access so that City and District have adequate vehicular access to improvements it may construct on Tract A and Tract B; and WHEREAS, Bank is willing to grant such easement upon the terms and subject to the conditions which are hereinafter set forth; EASEMENT AGREEMENT PAGE 1 NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual entry into this Agreement by the parties hereto, and in consideration of the payment of One Dollar ($1.00), and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged by each undersigned party, the parties agree as follows: GRANT OF EASEMENT 1. Bank hereby grants and conveys to City and District and their respective successors and assigns a perpetual and non-exclusive easement (hereinafter referred to as "Easement") in, under, upon, over and through all of that portion of the Adjacent Tract, which is described in Exhibit "D" attached hereto and incorporated herein for all purposes (hereinafter referred to as "Easement Tract") for vehicular access to improvements City and District may construct upon Tract A and Tract B. 2. Bank hereby reserves the right to itself, its successors, heirs, legal representatives, assigns, lessees, sub-lessees and licensees, and their employees, customers and invitees, the use and enjoyment of all or any portion of the Easement, the Easement Tract and the Access Drive. Bank further reserves the right to grant other easement rights with respect to the Easement Area, but any such grants shall expressly provide that any improvements constructed thereupon, whether underground or overhead, shall be constructed in manner not inconsistent with the use of the Easement Tract as an Access Drive. 3. As used herein, the term "Access Drive" is defined as a driveway constructed upon the Easement Tract. The City has previously constructed the east 250 feet (more or less) of the Access Drive on the Easement Tract. The District agrees to construct the west 250 feet (more or less) of the Access Drive on the Easement Tract at the time it constructs a circular bus unloading drive on Tract B or within one year after the date of this Agreement, whichever occurs first. 4. If City of Denton Ordinance Number 91-007 which relates to Screening between Tract B and the Adjacent Tract has to be amended solely because of this grant or use of the Easement, the District agrees to pay for all costs associated with the amendment, and the parties hereto agree to determine whether such amendment is necessary and, if so, complete the amendment process within one (1) year after the date of this Agreement. As far as any other amendment in City of Denton Ordinance Number 91-007 is concerned, the City and District agree to cooperate in the amendment process. EASEMENT AGREEMENT PAGE 2 5. The Access Drive must be constructed so as to comply with the then existing minimum standards for construction for parking lots as established by Appendix A-5, Division III of Subdivision Land Use Regulations of the City of Denton. 6. City and District will each be responsible for one-half (1/2) of all costs of repairing and maintaining the Easement until Bank, its successors, heirs, legal representatives, assigns, lessees or sublessees obtain a building permit to commence construction of buildings on any portion of the Adjacent Tract, which buildings are for uses found in the Table of Permitted Uses attached to the City of Denton, Texas, Ordinance Number 91-007, its amendments and succeeding ordinances. Upon the issuance of a building permit on the Adjacent Tract for the construction of improvements as set forth above, the Bank, City and District will each be responsible for one-third (1/3) of all costs of repairing and maintaining the Easement. If any party desires for repairs to be made, it shall notify the other parties responsible for the repairs in writing as to the nature of repairs to be made and promptly submit to the other responsible parties a cost estimate for such repairs. If a responsible party is not satisfied with such cost estimate, it shall within twenty (20) days so notify the other responsible parties and deliver to the responsible parties a cost estimate for such repairs from a reputable third party contractor. The party desiring the repairs to be made shall thereupon undertake such repairs for a cost equal to the average of the estimates submitted to and by it. Any notice and estimate delivered by a party beyond twenty (20) days from the date notice was given to it shall be deemed unacceptable and shall not be considered in repairing and maintaining the easement. 7. Bank is executing this Agreement in a representative capacity only, and it is hereby specifically understood and agreed that Bank will not incur any personal liability for breach of warranty or of any other condition, obligation or representation made herein whether made expressly or by implication, and that in the event of such a breach, Bank shall be liable only to the extent to which Bank holds assets and properties for the specific entity on behalf of which this Agreement is executed. Notwithstanding the preceding sentence, Bank hereby represents unto City and District that Bank has the full power and authority to enter into this Agreement and all instruments that may be executed and delivered as required by the Agreement, including, but not limited to, the Bank Deed and Easement Agreement; and the exculpation provision of the preceding sentence shall not apply to the representation contained in this sentence. 8. This Agreement supersedes and replaces that certain Easement Agreement dated May 9, 1991, between the Bank and the City recorded in Volume 3097, Page 84 of the Real Property Records of Denton County, Texas. EASEMENT AGREEMENT PAGE 3 AS WITNESS WHEREOF, the parties hereto have caused this Easement Agreement to be duly executed by their respective authorized officers as of the day and year first written above. NATIONS BANK OF TEXAS, N.A., TRUSTFE by:~ Howard Compton, Vice President CITY OF DENTON, TEXA by: Bob Castleberry, Mayor DENTON INDEPENDENT SCHOOL DISTRICT by: Charles Stafford, Pre ident EASEMENT AGREEMENT PAGE 4 ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the _Z2,~Z day of August, 1993 by Bob Castleberry, Mayor of the City of Denton, Texas. . f j rv, s ELIZABETH J. WILLWAS u MY COMMISSION EXPIRES ! i~fr~ - Lt uc~< 7 z , H•:; May 15, 1997 ~.Notiiry Publi-e, State of Texas THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the 17th day of August, 1993 by Charles Stafford, President of the Board of Trustees of the Denton Independent School District.. 0", Notary Public, State of Texas AFTER RECORDING RETURN TO: PREPARED BY THE LAW FIRM OF: HAYES, COFFEY & BERRY, P.C. HAYES, COFFEY & BERRY, P.C. ATTN: SCOTT ALAGOOD 101 S. LOCUST, SUITE 601 101 S. LOCUST, SUITE 601 DENTON, TX 76201 DENTON, TX 76201 EASEMENT AGREEMENT PAGE 6 EXHIBIT "A" All that certain lot, tract or parcel of land situated in Denton County, Texas, in the C. Poulallier Survey, A-1006 and being part of a tract shown by deed to First National Bank, Trustee, recorded in Volume 718, Page 57, Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at the southeast corner of said First National Bank tract; THENCE South 88 degrees 49 minutes 55 seconds West with the South line of said First National Bank tract 493.17 feet to its Southwest corner; THENCE North 1 degree 10 minutes 05 seconds West a distance of 250.0 feet to a point for corner; THENCE North 88 degrees 49 minutes 55 seconds East a distance of 493.17 feet to a point in the Westerly right-of-way line of F. M. 2181; THENCE South 1 degree 10 minutes 05 seconds East a distance of 250.0 feet to the Point of Beginning and containing 2.8304 acres of land. The hereinabove described property is also known as Lot A, Block One, R.N.W. Addition, an Addition to the City of Denton, Denton County, Texas, recorded in Cabinet H, Page 338, Plat Records, Denton County, Texas. EXHIBIT "B" All that certain tract or parcel of land situated in the C:yprian Poullalier. Survey, A-1006, City of Denton, Denton County, Texas, being part of a tract described in a deed from David W. Gleeson, Trustee to John M. Avinger, et al, on April 20, 1973, recorded on Volume 672, page 78, Deed Records of said County, and being more particularly described as follows: BEGINNING at a steel pin at the Northwest corner of said tract on the South right-of- way of F. M. Road 2181; THENCE South 89 degrees 35 minutes 52 seconds East with the South line of F.M. Road 2181, 537.84 feet to a right-of-way post at the beginning of a curve; THENCE Easterly with said right-of-way and said curve to the right, a central angle of 10 degrees 03 minutes 55 seconds, a chord bearing and distance of South 84 degrees 33 minutes 54 minutes East 118.30 feet, a radius of 674.25 feet, and an are length of 118.45 feet to a steel pin at the Northwest corner of a certain 9.212 acre tract described in a deed from Alden E. Wagner to First National Bank on August 12, 1974; THENCE South 0 degrees 41 minutes 16 seconds East 334.0 feet to a steel pin; THENCE South 23 degrees 54 minutes 10 seconds East 126.27 feet to a steel pin; THENCE South 0 degrees 41 minutes 16 seconds East 417.84 feet to a steel pin at the Southwest corner of said 9.414 acre tract; THENCE South 89 degrees 18 minutes 44 seconds West 782.62 feet to a steel pin in a fence on West boundary line of said Avinger, et al tract; THENCE North 2 degrees 00 minutes 59 seconds East with said fence 374.30 feet to a steel pin at an angle; THENCE North 1 degree 56 minutes 57 seconds East with said fence 518.08 feet to the Place of Beginning, containing in all 15.00 acres of land, more or less. EXHIBIT "C" TRACT ONE All that certain tract of land, to-wit: BEING part of the tract of land conveyed to T. L. Caruthers by R. M. Evers as recorded in Volume 446, Page 291, Deed Records of Denton County, Texas, the same being in the Cyprian Poullalier Survey, Abstract No. 1006 and being more particularly described as follows: COMMENCING at the Northwest corner of said tract, said point being in the South line of F. M. Road 2181 (a 90 foot right-of-way); THENCE South 89 degrees 34 minutes 16 seconds East, 573.84 feet to the beginning of a curve to the right, having a central angle of 10 degrees 01 minutes 38 seconds and a radius of 674.25 feet; THENCE along said curve and said South line of F. M. Road 2181, 118.00 feet to the point of beginning, said point being in a curve to the right, having a central angle of 78 degrees 51 minutes 22 seconds, a radius of 674.25 feet and a tangent bearing of South 79 degrees 32 minutes 38 seconds East; THENCE along said curve and said Southwesterly line of F. M. Road 2181, 927.97 feet to the end of said curve; THENCE South 0 degrees 41 minutes 16 seconds East, 293.21 feet along the said West line of F. M. Road 2181; THENCE South 89 degrees 18 minutes 44 seconds West, 493.17 feet; THENCE North 0 degrees 41 minutes 16 seconds West, 504.70 feet; THENCE North 23 degrees 54 minutes 01 seconds West, 126.27 feet; THENCE North 0 degrees 41 minutes 16 seconds West, 334.00 feet to the POINT OF BEGINNING and containing 9.212 acres of land. SAVE AND EXCEPT: All that certain lot, tract or parcel of land situated in Denton County, Texas, in the C. Poulallier Survey, A-1006 and being part of a tract shown by deed to First National Bank, Trustee, recorded in Volume 718, Page 57, Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at the southeast corner of said First National Bank tract; THENCE South 88 degrees 49 minutes 55 seconds West with the South line of said First State Bank tract 493.17 feet to its Southwest corner; THENCE North 1 degree 10 minutes 05 seconds West a distance of 250.0 feet to a point for corner; THENCE North 88 degrees 49 minutes 55 seconds East a distance of 493.17 feet to a point in the Westerly right-of-way line of F. M. 2181; THENCE South 1 degree 10 minutes 05 seconds East a distance of 250.0 feet to the Point of Beginning and containing 2.8304 acres of land. The hereinabove described property is also known as Lot A, Block One, R.N.W. Addition, an Addition to the City of Denton, Denton County, Texas, recorded in Cabinet H, Page 338, Plat Records, Denton County, Texas. TRACT TWO All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the C. Poulallier Survey, Abstract No. 1006 and being part of tract conveyed to the City of Denton by deed recorded in Volume 2423, Page 154, Real Property Records and also being part of two tracts conveyed to the State of Texas by deeds recorded in Volume 400, Page 341 and Volume 400, Page 334, Deed Records, Denton County Texas and being more particularly described as follows: BEGINNING at the northeast corner of the herein described tract, said point lying in the South line of F. M. 2181 (Teasley Lane), a public roadway with a right-of-way of 90.0 feet and the West line of Lillian Miller Parkway, a public roadway with a right-of- way of 90.0 feet; THENCE South 1 deg. 04 minutes 17 seconds East along the East boundary line of the herein described tract, same being the West line of F. M. 2181 (Teasley Lane), passing at 285.79 feet the Northeast line of the old curve portion of F. M. 2181 (Teasley Lane) right-of-way and continuing a total distance of 575.43 feet to a point for corner, said point lying in the Southwest right-of-way line of the old curve portion of F. M. 2181 (Teasley Lane), same being the Northeast boundary line of a tract conveyed to First National Bank by deed recorded in Volume 718, page 57, Deed Records of Denton County, Texas, said point also being the beginning of a curve to the left having a radius of 671.20 feet, a central angle of 66 degrees 33 minutes 54 seconds and a chord bearing and distance of North 41 degrees 00 minutes 11 seconds West, 736.66 feet; THENCE Northeasterly along said curve and lines an arc length of 779.78 feet to a point for a corner; THENCE North 70 degrees 12 minutes 43 seconds East along the South line of a F. M. 2181 (Teasley Lane) a distance of 62.74 feet to a point for corner; THENCE South 89 degrees 44 minutes 37 seconds East continuing along the South line of F.M. 2181 (Teasley Lane) passing at 126.36 feet the Northeast line of the old curve portion of F. M. 2181 (Teasley Lane) right-of-way and continuing a total distance of 413.54 feet to the place of beginning and containing 1.962 acres of land, more or less. EXHIBIT "D" All that certain lot, tract or parcel of land situated in Denton County, Texas in the C. Poulallier Survey, A-1006 and being all of a tract shown by deed to First National Bank, Trustee, recorded in Volume 718, Page 57, Deed Records of Denton County, Texas and part of a tract deeded to the State of Texas, recorded in Volume 400, Page 334, Deed Records and also part of a tract shown by deed to the City of Denton, Texas, recorded in Volume 2423, Page 154, Real Property Records and being more particularly described as follows: COMMENCING at the Northwest corner of said First National Bank tract and in the existing Southerly right-of-way line of F. M. 2181; THENCE South 1 degree 10 minutes 05 seconds East a distance of 334.0 feet to a point for a corner; THENCE South 24 degrees 23 minutes 00 seconds East a distance of 123.63 feet to a point for a corner; THENCE South 1 degree 10 minutes 05 seconds East a distance of 224.27 feet to the Point of Beginning; THENCE North 88 degrees 49 minutes 55 seconds East a distance of 220.0 feet to a point for a corner; THENCE North 1 degree 10 minutes 05 seconds West a distance of 10.0 feet to a point for a corner; THENCE North 88 degrees 49 minutes 55 seconds East a distance of 273.17 feet to a point on the West right-of-way of Lillian Miller Parkway; THENCE South 1 degree 10 minutes 05 seconds East with the West right-of-way of Lillian Miller Parkway a distance of 40.0 feet to a point for a corner; THENCE South 88 degrees 49 minutes 55 seconds West a distance of 493.17 feet to a point for a corner in the most Easterly West line of said "First National Bank" tract to a point for a corner; THENCE North 1 degree 10 minutes 05 seconds West a distance of 30.0 feet to the Point of Beginning and containing 0.402 acre of land. EXHIBIT 3 AMENDMENT TO EASEMENT AGREEMENT No. 1 STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § This Amendment to Easement Agreement No. 1, is executed effective , 2010, by and between Teasley Commons, Ltd. (hereinafter referred to as "TCL"), the City of Denton, Texas, a Texas home rule municipal corporation (hereinafter referred to as "CITY"), and the Denton Independent School District, an independent school district and political subdivision of the State of Texas (hereinafter referred to as the "DISD"), to wit: WITNESSETH WHEREAS, Nations Bank of Texas, N.A., CITY and DISD did on or about August 17,1993 enter into an Easement Agreement (hereinafter referred to as the "AGREEMENT") for the purpose of a perpetual and non-exclusive easement for joint driveway access for the benefit of the parties therein, as more particularly described in and as evidenced by the recordation of the AGREEMENT under Clerk's File Number 93-R0058368, Real Property Records, Denton County, Texas; and WHEREAS, there is a current initiative to provide for access driveway approach improvements at the connection of the easement granted in the Agreement to Teasley Lane (F.M. 2181) that necessitates the granting of additional easement area; and WHEREAS, TCL is successor in title and interest to all those certain tracts of land, formerly owned by Nations Bank of Texas, N.A., being more particularly described in the conveyance to Teasley Commons, Ltd. by Special Warranty Deed recorded in Volume 5320, Page 02275, Real Property Records, Denton County, Texas; and WHEREAS, TCL, as successor in title and interest to Nations Bank of Texas, N.A., is subject to and bound by the terms of the AGREEMENT as if an original party; and WHEREAS, TCL, CITY and DISD desire to amend the AGREEMENT as set forth herein. NOW, THEREFORE, in consideration of One Dollar ($1.00) and other good and valuable consideration, including the mutual promises contained herein, the receipt and sufficiency of which is acknowledged by all parties hereto, TCL, CITY and DISD do hereby agree as follows: 1. That, in addition to the easement tract described in Exhibit "D" in the AGREEMENT, and being referred to therein as "Easement Tract", the land described and depicted in Exhibit "D-1", attached hereto and made a part hereof for all purposes, is hereby annexed into the AGREEMENT for all purposes and intents and shall hereinafter constitute, together with the lands described in said Exhibit "D" to the Agreement, the "Easement Tract" for all purposes of the Agreement. 1 2. In addition to the lands included within the "Access Drive", as described in Section 3 of the AGREEMENT, the Access Drive shall also include the lands described and depicted in Exhibit "D-1 attached hereto and made a part hereof for all purposes, and the Access Drive shall hereafter constitute, together with the lands described in Section 3 of the AGREEMENT, the "Access Drive" for all purposes of the AGREEMENT. 3. The Easement Tract and Access Drive, as amended hereby, shall be subject to all terms, conditions and provisions of the AGREEMENT, as if originally included therein. 4. Except as expressly amended hereby, the AGREEMENT shall be and remain effective as originally provided. TCL, CITY and DISD do hereby ratify, adopt, and confirm the AGREEMENT, as amended hereby, and stipulate that same is in full force and effect, and agree to be bound thereby. This agreement may be signed by each party in any number of counterparts, all of which taken together shall constitute one and the same agreement. Dated to be effective as set forth above. CITY OF DENTON, TEXAS By George C. Campbell, City Manager ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 2 ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on , 2010, by George C. Campbell, City Manager of the City of Denton, Texas, on behalf of the City of Denton, Texas. GIVEN under my hand and seal of office this day of , 2010. Notary Public, State of Texas Notary's Printed Name My Commission Expires: DENTON INDEPENDENT SCHOOL DISTRICT By Jim Alexander, President Board of Trustees ATTEST: Glenna G. Harris, Secretary Board of Trustees 3 ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on , 2010, by Jim Alexander, President of the Board of Trustees of the Denton Independent School District, on behalf of said school district. GIVEN under my hand and seal of office this day of , 2010. Notary Public, State of Texas Notary's Printed Name My Commission Expires: TEASLEY COMMONS, LTD. BY: KEY RETAIL, INC., GENERAL PARTNER By Kent Key, President ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on , 2010 by Kent Key, President of Key Retail, Inc., General Partner of Teasley Commons, Ltd., on behalf of said limited partnership. GIVEN under my hand and seal of office this day of 92010. Notary Public, State of Texas Notary's Printed Name My Commission Expires: 4 rthur Surveying Co., Inc. Pro.ressional -Land Surveyors P.O. Box 54 Lewisville, Texas 75067 Office: (972) 221-9439 - Fax: (972) 221-4675 EXHIBIT D-1 EASEMENT TRACT 0.065 ACRE CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the C. Poullalier Survey, Abstract Number 1006, City of Denton, Denton County, Texas, and being a part of that certain tract of land described by deed to Teasley Commons, Ltd., recorded in Volume 5320, Page 2275 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a %z inch iron rod with a yellow cap stamped "ARTHUR SURVEYING COMPANY" set for corner for the northeast corner of an easement to the City of Denton, recorded under County Clerks File Number 93-R0058368 of the Real Property Records of Denton County, Texas and being in the east line of said Teasley Commons Ltd. tract, from which the southeast corner thereof bears South 01 degrees 21 minutes 05 seconds East, a distance of 40.13 feet, said beginning point being in the west line of Teasley Lane, also known as F.M. 2181, a public roadway, THENCE over, through and across said Teasley Commons tract the following four (4) calls: South 88 degrees 31 minutes 22 seconds West, continuing with the north line of said easement to the City of Denton, a distance of 240.54 feet to a '/2 inch iron rod with a yellow cap stamped "ARTHUR SURVEYING COMPANY" set for corner; North 82 degrees 44 minutes 31 seconds East, a distance of 187.88 feet to a11/2 inch iron rod with a yellow cap stamped "ARTHUR SURVEYING COMPANY" set for corner; North 88 degrees 18 minutes 34 seconds East, a distance of 40.24 feet to a 1/2 inch iron rod with a yellow cap stamped "ARTHUR SURVEYING COMPANY" set for corner, North 67 degrees 54 minutes 24 seconds East, a distance of 13.97 feet to a 1/z inch iron rod with a yellow cap stamped "ARTHUR SURVEYING COMPANY" set for corner in the west line of said Teasley Lane said point being the beginning of a non-tangent curve to the right having a radius of 671.77 feet; THENCE continuing with said Teasley Lane and said curve to the right an arc length of 21.79 feet, through a delta angle of 01 degree 51 minutes 32 seconds, whose chord bears South 02 degrees 17 minutes 09 seconds East, a distance of 21.79 feet to a 1/2 inch iron rod with a yellow cap stamped "ARTHUR SURVEYING COMPANY" set for corner, THENCE South 01 degree 21 minutes 05 seconds East, continuing with the west line of said Teasley Lane, a distance of 2.20 feet to the POINT OF BEGINNING, and containing 0.065 acre of land, more or less. 0 Sheet 1 of 2 DOU e? 3 r y ~Eff z.M06\cod\south branch library - 100095451.1365.40100\dwg\100708 row ded.doc X FND (C.M.) NORTH Lot 2, Block A 3 M^ Teasley Commons, Phase II 40 0 40 Feet Cabinet V, Page 816 I s N Z L4 LINE TABLE UNE BEARING LENGTH I Ll N67'54'24"E 13.97' L2 501'21'05"E 2.20' L3 N01"28'38"W 10.00' "m n -4 L4 588'37'14"W 17.50' w a ; CURVE TABLE I o a I z s CURVE RADIUS LENGTH DELTA CHD BRG CHORD C1 671.77' 21.79' 01'51'32" S02-17-09"E 21.79- -an E C2 671.77' 57.66' 04'55'05" N05'40'27"W 57.64' 0--2 CN W n N I z Teasley Commons, Ltd. ~j Volume 5320, Page 2275 Y (Remainder) I I MN~ TEMPORARY DRAINAGE EASEMENT EASEMENT TRACT INST. No. 2004-111717 0.065 ACRE N 8'18'34"E 40.24' L~ .,E, 187.88• 'a "A. S. s "A. Cl 44'31 AS.C 588'31'22"W N8 -I - ISC" L2 3113' _ r M ' 112"I-.R.S - - S88'31 '22"W 240.54 ] " " "A.S.C." ~J lJ. X FND w Joint Access Driveway Easement I o CC #93-R0058368 N O 1A2~ IRF 588'32'12"W 492.58' ' (CM.J II Lot A, Block One .p I R.N.W. Addition % -r N. Cabinet H. Page 338 y Fs ~ dry . ~ ~ ~ea A EXHIBIT D-I EASEMENT TRACT 0.065 Acre in the rthur Surveying Co., Inc. C. Poullalier Survey, Abst. No. 1006 City of Denton Professional sand Surveyors Denton County, Texas 972-221-9439 - Fax 972 221-4675 - 2010- 220 Elm Street, Suite 200 P.O. Box 54 SHEET 2 OF 2 Lowisville, Texas 75067 a~aos~cn9vwn~ w++n+ Anwar-~aomamixsawow.auo.~a.re. Jedit 9/t61UW 91318 PM car 40: 1 'ia LBL~ 11d - NNY'I A37Sd-V,L 1 *WIT, v, O W W awls r, w r 4:; gym= mz i a c ti 13 AGENDA INFORMATION SHEET AGENDA DATE: October 5, 2010 DEPARTMENT: Planning and Development ACM: Fred Greene SUBJECT - ZIO-0008 (Preserve at Pecan Creek-Lakeview Trail) Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving a Detailed Plan to allow a public park located on 15378 acres within the Preserve Planned Development District (PD 132), generally located south of Lakeview Boulevard and north of the existing Denton Branch Rail Trail; and providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date (Z10-0008). BACKGROUND In 1998, when the Preserve developer was master planning this area, they anticipated dedicating required open space as well as additional open space beyond what was required. Throughout the different phases of the Preserve Planned Development, the developer has dedicated required open space. The developer is now proposing to dedicate to the City additional open space of approximately 15378 acres for the purposes of a public park. The subject property contains paved trails that meander through wooded areas from the Denton Branch Rail Trail to Swisher Road. Prior to dedicating it to the City, the subject property must be platted. Prior to platting the property, an approved Detailed Plan is required. Once a Detailed Plan is approved and the property is platted, the City of Denton Parks and Recreation Department will accept the park site and provide operation and maintenance. The City does not anticipate any changes from what is shown on the Detailed Plan except for future enhancements of the paved trail system. There are long-term plans to constrict a pedestrian bridge across the creek to connect the park and the single family lots and multi-family developments to the south. This will provide for more connectivity for residents to the neighborhood school and amenities in the community. Public notification information is provided in Exhibit 5. The Planning Department sent certified notices of the public hearing to property owners within 200 feet and courtesy notices to residents within 500 feet of the subject property. As of this writing, staff received six responses from property owners within 200 feet of the subject property. Two responses are in favor of the proposed Detailed Plan, two are in opposition, and the other two have not stated if they are in favor or in opposition. 1 PRIOR ACTION/REVIEW 1. 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). 2. On September 8, 2010, the Planning and Zoning Commission held a public hearing and recommended approval of the subject Detailed Plan 7-0. OPTIONS 1. Approve as submitted 2. Approve with conditions 3. Deny 4. Postpone consideration 5. Table item RECOMMENDATION The Planning and Zoning Commission recommends approval of this request (7-0). The Development Review Committee recommends approval of this Detailed Plan. EXHIBITS 1. Location Map 2. Zoning Map 3. Future Land Use Map 4. Proposed Detailed Plan 5. Notification Information Map 6. Responses to Public Hearing Notice 7. Draft Ordinance 2 Prepared by: P9/-6,It Ron Menguita, AICP Development Review Liaison Respectfully submitted: Mark Cunningham, AICP, CPM Director of Planning and Development CITY OF DENTON DEVELOPMENT REVIEW COMMITTEE STAFF REPORT P&Z Date: September 8, 2010 TYPE: Detailed Plan CC Date: October 5, 2010 PROJECT ZIO-0008 Project Number: Z10-0008 Request: Consider adoption of an ordinance, regarding a Detailed Plan to allow a public park. Applicant: City of Denton, Parks and Recreation Department Property Owner: Forestar Real Estate Group, Inc. 14755 Preston Road, Suite 710 Dallas, TX 75254 Location: The property is generally located south of Lakeview Boulevard and north of the existing Denton Branch Rail Trail. Size: 15378 acres Zoning Designation: The Preserve Planned Development District (PD-132) Future Land Use: Neighborhood Center Case Planner: Ron Menguita, 349-8328 DRC Recommendation: The Development Review Committee recommends approval of this Detailed Plan. Summary of Analysis: The subject site is within the Neighborhood Center future land use designation per the Future Land Use Plan of the Denton Plan, the City of Denton's adopted Comprehensive Plan. The Land Use Element states the following regarding Neighborhood Center: "Within the undeveloped urban and urbanizing areas of the city, new neighborhoods may develop in traditional patterns. Mixed-use and mixed housing types will be allowed to develop in a pattern of neighborhood centers. These are oriented inwardly, focusing on the center of the neighborhood. These neighborhoods will exemplify the interrelationship between quality of development, density, services and provision for adequate facilities. These developments should locate the center of the neighborhood within a five to ten minute walking distance from the edge of the neighborhood. The center contains uses necessary to support the surrounding neighborhood. These support uses could include service-oriented retail such as a small grocery, 4 hair salon, dry cleaner or small professional offices. Residential uses may occur at higher densities with townhomes or residential flats above service oriented uses. Open space occurs in neighborhood centers with park uses including central neighborhood greens and floodplain preservation. Civic uses such as fire stations, schools, libraries, and mass transportation nodes are encouraged to be essential elements of neighborhood centers as landmarks that are a focus to the neighborhood. Limited multistory development in the neighborhood may be developed to incorporate shops on the ground floor and offices or residences on the upper floors." The proposed Detailed Plan is consistent with the Denton Plan. The subject site's zoning district is Planned Development District (PD-132). With adoption of the Denton Development Code (DDC) in 2002, many existing PD's were rezoned to a zoning district based on existing uses present. Those PD's that remained are subject to the preceding PD ordinances granted through their approved site plans and conditions. The proposed park is consistent with PD-132. The Development Review Committee has reviewed the request for Detailed Plan approval to allow a public park. All the DRC comments were addressed by the applicant. Findings of Fact 1. The proposed property encompasses approximately 15378 acres. The property is within the Neighborhood Center Future Land Use District. 2. 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). 3. Per Element 3 of the Denton Plan, "Open space occurs in neighborhood centers with park uses including central neighborhood greens and floodplain preservation." 4. PD-132 identifies Section E as "Preserve." The proposed park is consistent with the land use identified in the PD. The proposed park meets the intent of preserving the subject area as open space. 5. The subject site is not located within a Historic or Conservation district. 6. The property has frontage on Lakeview Boulevard. Lakeview Boulevard is classified as a primary arterial per the City of Denton Mobility Plan. 7. According the city's Geographic Information System, the subject property contains floodway, 100-year floodplain, and 500-year floodplain. 8. According to the Water Administration Department, the subject site predates the City's ESA regulations and is exempt from compliance. 9. The property is served by the City of Denton water and sewer systems. 5 10. Per the City of Denton Mobility Plan, Lakeview Boulevard is proposed to be re-aligned and head north between Villages of Carmel Phase III and Preserve at Pecan Creek Section A, Phase 1. Development Review Committee Based on the information provided by the applicant, the Development Review Committee finds the proposed Detailed Plan IS CONSISTENT with the surrounding land uses and general character of the area, IS CONSISTENT with the Denton Plan, and IS CONSISTENT with the Denton Development Code. Based on the findings-of-fact, the Development Review Committee (DRC) recommends approval of this Detailed Plan. GENERAL NOTES A-OTE: Approval of this request shall not constitute a ivaiver or variance fi^om any applicable development requirement unless specifically noted in the conditions of approval and consistent with the Denton Development Code. A-OTE: All written comments made in the application and subsequent submissions of information made during the application review process, wbicb are on file with the Cio) of Denton, shall be considered to be binding upon the applicant, provided such comments are not at variance with the Denton Plan, Denton Development Code or other development regtdations in eff"eet at the time of development. Surrounding Zoning Designations and Current Land Use Activity: Northwest: North: Northeast: PD-132 PD-132 PD-132 Single-family dwelling units Single-family dwelling units Single-family dwelling units/Open Space West: East: PD-132 PD-132 Single-family dwelling units/Open Single-family dwelling units Space Southwest: South: Southeast: PD-132 RCR-1 PD-132 Single-family dwelling units/Open Single-family dwelling units/Open Multi-family development Space Space Source: City ofDenton Geographical11#6nnation System Comprehensive Plan: A. Consistency with Goals, Objectives and Strategies: The property is within a Neighborhood Center future land use designation per the Future Land Use Map of the Denton Plan. Staff finds that the proposed Detailed Plan is consistent with the Denton Plan. PD-132 identifies Section E as "Preserve." The proposed park is consistent with 6 the land use identified in the PD. The proposed park meets the intent of preserving the subject area as open space. B. Land Use Analysis: The proposed park is compatible with the surrounding land use. No impact is anticipated. Nearest Elementary, Middle, and High School The proposed park will not produce any elementary, middle or high school students and therefore will not impact the associated Independent School District. Nearest Fire and EMS Station Name of Station Approximate Distance From Subject Property Fire Station 46 at 3232 Fire Station serves that area and is approximately 33 miles Teasley Lane from the proposed park. This proposed Detailed Plan has been reviewed for compliance with the 2006 International Fire Code and City Ordinance 2009-098, Section 29-2 Amendments to the Fire Code. The applicant is responsible for compliance with all applicable portions of the Fire Code and City Ordinances even in the absence of review comments. Water and Wastewater Demand and Capacity: A. Estimated Demand and Service Provider: There are currently no water or wastewater demands associated with this site, and no such demands are anticipated in the future. B. Available Capacity: In the event that there are future demands, there is adequate capacity in the City's water distribution and wastewater collection systems. C. CIP Planned Improvements: There are no planned public improvements for the water and sanitary sewer facilities serving the subject site. Roadways/Transportation Network: A. Estimated Demand: The proposed park will not result in any increase in traffic demands. B. Available Capacity: 7 The street serving the subject site has adequate capacity. C. Roadway Conditions: Lakeview Boulevard is an improved concrete surface roadway. D. CIP Planned Improvements: Per the City of Denton Mobility Plan, Lakeview Boulevard is proposed to be re-aligned and head north between Villages of Carmel Phase III and Preserve at Pecan Creek Section A, Phase 1. Environmental Conditions: According to the Water Administration Department, the subject site predates the City's ESA regulations and is exempt from compliance. Wells (Public/Private): No public or private portable water wells are proposed for the site. Airports: The subject site is not within the boundaries of the Denton Municipal Airport Overlay District. Electric: Existing DME facilities are adequate for the proposed park. Park Facilities: This proposed park is in compliance with the City's Parks and Recreation Master Plan and the City's Open Space Master Plan. Comments from other Departments: N/A 8 EXHIBIT 1 LOCATION MAP r s n Pt a ,`i S~ .n■n. ~.n. i.um.~ur I DESE PT w ~ 4 w w i . Q ~ Pr'IVA7F f ri TI1NIA - Y" - , _ Q. • Ili ~ cl G _ J - N _ i SUBJECT SITE CHAPARRAL' e CRAPEMYRTLF 81J,N RAY _ D i G i ■ G . j tiq s ttau~FlN.~rrnau■u..uuwn.uarLn.nanin...... O a.,a L.,. SHORES-— ~ i I Feet 0 150 300 600 9 EXHIBIT 2 ZONING MAP i ~ c xWOOO I r` r~hrnu ETJ SFr: ~ ~ z I fsP.rd11J_,-, _ PD POCKRUS pAGC DESFRi HOLLY 'w 7 w 1' W Z Y z - PRIVATE' PHDTINfA O a. Y w z 2E L) r a W r- c~ i . G K! z PD z L w z N PD mi Q E J ■ ■ SUBJECT SITE CHAPARRAL CRAPCMYRTLE SUN RAY ~ i i i i W x r PD ■ a PD ti RCR-1 i L G Rat, n ~Q ttwnrn.to.n~nan~n~ur+ran...w.tnn~t..n♦ntawuiran.nr+..n.nrn.u.q.r ' C S Hk,D X.S " +URES.ua+r~' Feet 0 150 300 000 10 EXHIBIT 3 FUTURE LAND USE MAP > a a Neighborhood Center Existing Land Use Q POLi Q AGE DESFRT HOLLY > BARBERRY i Y w ■ 4 w ■ PRIVATE a PHOTYfvIA n ■ Neighborhood Center i a a+ c° ° UJ' m a. V V17 :Lj Z, Y W P use cY#aPaRRai SUBJECT SITE - CRAPEMYRTLE,.. SUN RAY ! i i _1 ~ tC ■ 4 Regional %lixed Ll e Center ,T ,,..,,.,n.u,n.u.n.n.nF.n•nw.u.uwn.n.nwi.,.,..n.,,a...n.n..,'nuuau.,.H.n.,~~ An •SHE)RES....... Feet 0 150 300 600 1 1 m mx owzFaVO Imo mu ~~w *a anwa m era owW Vs ~w~ ~s ~w xe nos er~Y~u awN w nrarwmro\da\u nxw-wrcxi\nMto~d\~ xy.o+o a#rp ~ s a 1¢~~a r HIP 1 yy i ~ A Wcn g ~t \ - ~..y \ I^CI4 ° ~ ICI _ I! ~ I n~ \ ~ C dill. ~ 6' w.M'. a3 as aa,~~ wits ggz E EXHIBIT 5 NOTIFICATION INFORMATION MAP a aF ~ _ POCKRUS PAGE . . . . . .nn•nuanan DESERT HOLLY w ,r 500 FOOT BOUNDARY' ? z wRrwn r- PHOTINIA _.F c Y G~' c •T u p m i C T~ CP m , ,,RRAL i SUBJECT SITE 11'tr.,` ,LE i 4< i, i i. i i i i H i 200 FOOT BOUNDARY `T % aa.nano...~~.isn.aernnnannnaa■innnu..i•.~r_,amw~~n•wurr~~~i.~~rrr.ur~.. .eCH'ADY+3d°I€SRESn~~S S yr~ Public Notification Date: August 25, 2010 200 ft. Public Hearing Notices sent via certified mail: 31 500 ft. Courtesy Notices sent via regular mail: 66 Feel 4 150 300 660 Number of responses to 200' Legal Notice • In Opposition: 2 • In Favor: 2 • Neutral: 0 13 EXHIBIT 6 RESPONSES TO PUBLIC HEARING NOTICE 4695242037 09:42:31 a.m. 08-31-2010 2J2 C OF PUBLIC HEARING Z10-0008 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, September 8, 2010 and consider making a recommendation to the City Council, regarding approval of a Detail Plan to allow a public park. The 15.376 acre property is within the Preserve Planned Development (PD 132) and is generally located south of Lakeview Boulevard and west of the existing - ton-Branch-Rall-Tra1t- The public hearing Will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. In order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Ron Mengulta, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one: In favor of request Neutral to request Opposed to request Reasons for Opposition: Signature: Printed Name: C Q2 4,1 2Q E' ~.lc~ Mailing Address: 7-196 Sk e,e e D/2. City, State Zip: E-1-ow-e pu SQZ Telephone Number. q0- Sz - 2.61-8Z Physical Address of Property within 200 feet: ZSDS-A~165 CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 940.349.6541 • (F) 940.349.7707 200'P&Z Noffce 14 NOTICE OF PUBLIC HEARING Z10-0008 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, September 8, 2010 and consider making a recommendation to the City Council, regarding approval of a Detail Plan to allow a public park. The 15.378 acre property is within the Preserve Planned Development (PD 132) and is generally located south of Lakeview Boulevard and west of the existing Denton Branch Rail Trail;. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feet about this request and invites you to attend the public hearing. In order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning and Development Department 221 N. Elm 5T Denton, Texas 76201 Attn: Ron Menguita, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one: In favor of request Neutral to request Opposed to request Reasons for Opposition: Signature: Printed Name: ri/ fJ Mailing Address: 71 City, State Zip: Telephone Number: Physical Address of Property within 200 feet: CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 940.349.8541 (F) 940.349.7707 200'P8Z Notice 15 NOTICE OF PUBLIC HEARING ZI O-0008 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, September 8, 2010 and consider making a recommendation to the City Council, regarding approval of a Detail Plan to allow a public park. The 15.378 acre property is within the Preserve Planned Development (PD 132) and is generally located south of Lakeview Boulevard and west of the existing Denton Branch Rail Trail. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feet about this request and invites you to attend the public hearing. In order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Ron Menguita, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one: In favor of request Neutral to request Opposed to request Reasons for Opposition: ~pf /1 on! euil cy, SAC/ UDC f rz'(;~"O/C4 . ~ /y 1 z L / Signature: C~eE _ Z Printed Name: WL r! Cis Mailing Address: Y' b loL/ City, State Zip: _nl (oa0 3 Telephone Number: qL10 Physical Address of Property within 200 feet: Jto)1' CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 940.349.8541 (F) 940.349.7707 200' P&Z Notice 16 Mengulta, Ron P. From: Mbeer6755@aol.com Sent: Monday, September 06, 2010 9:55 PM To: Menguita, Ron P. Subject: Project Z10-0008 This is a follow-up to our telephone conversation last Friday, September 3, 2010. As I stated at the time, I did not receive the legal notice requesting a response. I am in the 200 foot buffer zone and have a number of questions about this project. Specifically, I mentioned the issue of parking to you, Since there is no parking on Lakeview, the only option appears to be on the streets in the neighborhood nearest the property in question. Also, 1 have not yet found a specific answer to what the "Class D Open Space, which is a no mow classification" means. I received an email from the Homeowners Association today. The email stated that the HOA and the developer just learned of this project and were attempting to get more information. If the HOA and developer have not been involved, I do not know how the City expects the residents and HOA members to have adequate information on this project. As I further stated to you, it appears that some residents received the legal notice and others (such as us) did not. Under the circumstances, it would seem appropriate for the Planning and Zoning Commission to delay any public hearing until the people that will be impacted have been given adequate information and time to formulate an intelligent response for any such hearing. Certainly, there needs to be communication with the HOA and developer before any such hearing. Consequently, I am officially requesting that the public hearing be delayed until appropriate notice and detailed plans are provided, and an adequate time allowed for the residents and HOA to meet and discuss this. The HOA annual meeting is scheduled for Tuesday, September 28, 2010 and the HOA indicated in the email today that this will be discussed at that time. I would hope the City Planning and Zoning Commission would delay any public hearing until after the September 28th meeting. Thank you for your consideration. Marcia H. Beer 6406 Hawthorn Dr Denton, TX 76208 940-271-0357 1 17 NOTICE OF PUBLIC HEARING zi 0-0008 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, September 8, 2010 and consider making a recommendation to the City Council, regarding approval of a Detail Plan to allow a public park. The 15.378 acre property is within the Preserve Planned Development (PD 132) and is generally located south of Lakeview Boulevard and west of the existing Denton Branch Rail Trail. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. In order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Ron Menguita, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one: In favor of request Neutral to request Opposed to request Reasons for Opposition: ~Ne- ne-eJ 0 by ~e 0-e- jn~0 IM-P CJ on g__ arf e Signature: II h," Printed Name: Cc~z)-;nom ~x,utzR! Mailing Address: ~,y1?Z~_c~_C;~e City, State Zip: TX M W S Telephone Number: `7° 1_71_`0©X'0 Physical Address of Property within 200 feet: G* rWXO! e CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 940.349.8541 (F) 940.349.7707 200' P&Z Notice 18 Cristina Gottardi 6402 Hawthorn Drive Denton, Texas 76208 940.272.0080 gottardic@hotmait. com September 11, 2010 Ron Menguita Project Manager Planning and Development Department 221 N. Elm ST Denton, TX 76201 Attn: Ron Menguita, Dear Mr. Menguita: I am a resident at 6402 Hawthorn Drive, a house that falls within 200 feet of the 15.378 acre property within the Preserve Planned Development (PD 132). It has been proposed that the 15.378 acre be converted into a public park. While the Planning and Development Department has taken steps to notify residents in the Preserve neighborhood of this proposal, they have not communicated in an ethical manner, and I believe this situation warrants attention. Residents within 200 foot boundary need be better informed about the proposal, and their opinion regarding the matter should be reassessed. To begin with, my copy of the Notice of Public Hearing z10-0008 was delivered on Thursday, September 9, 2010. This was one day after the public hearing, which the letter revealed was to be held on September 8, 2010. Interestingly, though, the stamped date on the envelope reads August 26, 2010. Whether the mailing of this letter was intentionally or unintentionally withheld needs to be investigated, and the Planning and Development Department should verify with other residents in our neighborhood to see if they, too, received the letter a day late, The letter was certified, but the mailer should have taken action to guarantee that it was mailed within an appropriate date range. Furthermore, the one-page notice is extremely general and vague, yet at the end of the letter, residents are prompted to give an opinion and share if they are in favor or opposed to the request. In order for their opinion to bet taken into account, the letter had to be faxed or mailed prior to the date of the public hearing. It is unethical to ask a body of people to offer an uninfoirneo decision about the situation. Would it not make more sense to first provide the details of the proposition before eliciting a response from residents? You may argue that a sign was posted near the Preserve informing residents of the public hearing. However, this sign is rather small, hard to read from a moving vehicle, and badly situated. It is posted in a construction site, which detracts attention from it. A more appropriate 1 19 location would have been to post two signs at both entrances of the Bike and Hike Trail, a place further removed from the construction site and visible to drivers and walkers. The Planning and Development Department has not carefully or ethically done their part to inform residents in the Preserve of the proposed changes to property 15.378. This matter should be looked into and all necessary steps taken to rectify any oversights and errors. I propose that a letter be resent to residents in the 200 and 500 foot boundary. This letter should be detailed and include information such as the purpose or intended goals of the project and their potential ramifications (both positive and negative). I believe it is also necessary to hold another public hearing regarding the 15.378 acre property. It is very likely that after being properly informed of the project, residents will attend and share their concerns and opinions about the proposal. I trust the Planning and Development Department will see this matter through, and I look forward to participating in future communication about the proposed public park. Sincerely, 44,At7t- Cristina ottardi Manuel Gott~rdi Carmen Gottardi 2 20 NOTICE OF PUBLIC HEARING Z10-0008 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, September 8, 2010 and consider making a recommendation to the City Council, regarding approval of a Detail Plan to allow a public park. The 15.378 acre property is within the Preserve Planned Development (PD 132) and is generally located south of Lakeview Boulevard and west of the existing Denton Branch Rail Trail. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. In order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Ron Menguita, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one: In favor of request Neutral to request Opposed tore ues Reasons for Opposition: tt 1 G.l Dn r -6 ZJ ~a n tt ~ k . In l i u fl.. -4k 4r+e . y% ga Me, C, LA.Q `e- 0 ~ c> # to 1 V'1 e c' C, Q( Z ✓10 Pon r I-) • ~ LA `~A t14 un-- fGte_(` _ f r~ t a na-b Q A n~ Signature:a~_(~~ Printed Name: IVl c d µ~r, Mailing Address: ~+,i tz S r< e j P= ~ n i Ito City, State Zip: e n ~t, r% 1 k a o g Telephone Number: 9 Physical Address of Property within 200 feet: 4-1 lOs n mk.,,a rN PQ t n{ L CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 940.349.8541 (F) 940.349.7707 200' P&Z ivnfice 21 sAlegahour documents\ordjnances1Mz 10-0008, doe ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A DETAILED PLAN TO ALLOW A PUBLIC PARK LOCATED ON 15.378 ACRES WITHIN THE PRESERVE PLANNED DEVELOPMENT DISTRICT (PD 132), GENERALLY LOCATED SOUTH OF LAKEVIEW BOULEVARD AND NORTH OF THE EXISTING DENTON BRANCH RAIL TRAIL; AND PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE (Z 10-0008). WHEREAS, on October 18, 1988, the City Council established the Southview Planned Development District (PD-132), including concept plan approval for the entire 4149 acres. (Z- 1861); and WHEREAS, onNovember 17,1998, the City Council passed Ordinance Nos. 98-393 and 98- 394, which rezoned 15.088 acres of land from the Agricultural (A) zoning district and use classification, merged it into the PD-132 planned development, amended the concept plan for the combined 427.616 acres therein, and renamed it as the Preserve Planned Development (PD-132); and WHEREAS, the City of Denton Parks and Recreation Department, has applied for the approval of a Detailed Plan to allow a public park on approximately 15.378 acres of land within the Preserve Planned Development District (PD-132), legally described in Exhibit "A", attached hereto and incorporated herein by reference (the "Property"), and as defined by Exhibit "B", attached hereto and incorporated herein by reference; and WHEREAS, on September 8, 2010, the Planning and Zoning Commission concluded a public hearing as required by law, and recommended approval of the requested Detailed Plan; and WHEREAS, the City Council finds that the Detailed Plan is consistent with the Denton Plan, and Chapter 35, Article IV, of the Denton Code, as well as the previously amended Concept Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON 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 2. The Detailed Plan, attached hereto and incorporated herein by reference as Exhibit "B", is hereby approved for the Property, which is legally described in Exhibit "A", attached hereto and incorporated herein by reference. SECTION 3. If any provision of this ordinance or the application thereof to any person or circumstance 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. SECTION 4. Any person violating any provision of this ordinance shall, upon conviction, be salegallour documentslordinanccs\101z10-0008.doc fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CIT RNEY t salegahour documentslordinancesllolzlo-ooo8.doc Exhibit A Being a part of the GIDEON WALKER SURVEY, ABSTRACT No. 1330, and being all of that 15.378 acre tract of land described as Tract 2 conveyed to Lumbermen's Investment Corporation as recorded in Clerk's Document Number 2005-116256, Denton County Deed Records, and being filrther described as follows: BEGINNING at a one-half inch iron rod found at the southeast corner of Lot 1, Block 22, The Preserve at Pecan Creek, an addition to the City of Denton as recorded in Cabinet R, Slide 366, Denton County Plat Records, said point being in the northeast line of a tract of land conveyed to the City of Denton as recorded in Clerk's Document Number 93-R0058485, Denton County Deed Records; THENCE with the west line of said 15.378 acre tract and with the east line of said Lot 1, Block 22 as follows: North 14 degrees 38 minutes 30 seconds East, 85.30 feet to a one-half inch iron rod with "JBI Partners" yellow cap set for corner; Northeasterly, 904.04 feet with a curve to the right having a central angle of 54 degrees 31 minutes 26 seconds, a radius of 950.00 feet, a tangent of 489.53 feet, whose chord bears North 41 degrees 54 minutes 13 seconds East, 870.31 feet to a one-half inch iron rod found for corner; North 69 degrees 09 minutes 56 seconds East, 293.21 feet to a one-half inch iron rod found for corner; Northeasterly, 275.00 feet with a curve to the left having a central angle of 10 degrees 09 minutes 56 seconds, a radius of 1550.00 feet, a tangent of 137.87 feet, whose chord bears North 64 degrees 04 minutes 58 seconds East, 274.65 feet to an "X" found in concrete; North 59 degrees 00 minutes 00 seconds East, 263.96 feet to a one-half inch iron rod found for corner; Northeasterly, 500.23 feet with a curve to the left having a central angle of 34 degrees 31 minutes 53 seconds, a radius of 830.00 feet, a tangent of 257.97 feet, whose chord bears North 41 degrees 44 minutes 03 seconds East, 492.69 feet to a one-half inch iron rod found for corner; North 24 degrees 28 minutes 07 seconds East, 89.43 feet to a one-half inch iron rod found for corner, said point being the most northerly corner of said 15.378 acre tract, said point being in Swisher Road (variable width right-of-way), said point also being in the west line of an 8.807 acre tract of land conveyed to Lumbermen's Investment Corp. as recorded in Clerk's Document No. 2005-116256, Denton County Deed Records; THENCE South 03 degrees 18 minutes 39 seconds West, 608.85 feet with an east line of said 15.378 acre tract and with Swisher Road to a one-half inch iron rod with U B PartnersI" yellow cap set for corner, said point being the northeast corner of The Preserve at Pecan Creek, Section B, an addition to the City of Denton as recorded in Cabinet T, Slide 135, Denton County Plat Records, said point also being in the west line of a 5.47 acre tract of land conveyed to Chris & Sonia Cash as recorded in Clerk's Document No. 2006-43436, Denton County Deed Records THENCE with a south line of said 15.378 acre tract and with the north line of said Section B as follows: salegallour documentslordinances1101z10-0008.doc South 65 degrees 00 minutes 00 seconds West, 195.07 feet to a one-half inch iron rod with "JBI Partners" yellow cap set for corner; South 81 degrees 00 minutes 00 seconds West, 270.00 feet to a one-half inch iron rod found for corner; South 54 degrees 24 minutes 10 seconds West, 42.45 feet to a one-half inch iron rod found for corner; South 01 degrees 48 minutes 15 seconds West, 76.69 feet to a one--half inch iron rod found for corner; Southwesterly, 76.35 feet with a non-tangent curve to the left having a central angle of 87 degrees 29 minutes 42 seconds, a radius of 50.00 feet, a tangent of 47.86 feet, whose chord bears South 48 degrees 03 minutes 24 seconds West, 69.15 feet to a one-half inch iron rod found for corner; North 85 degrees 41 minutes 27 seconds West, 123.28 feet to a one-half inch iron rod with "JB PartnersI" yellow cap set for corner, said point being the northwest corner of said Section B, said point being in the east line of Lot 2, Bloch A, Preserve at Pecan Creek Apartments, an addition to the City of Denton as recorded in Cabinet X, Page 740, Denton County Plat Records; THENCE North 06 degrees 56 minutes 05 seconds West, 33.39 feet with the line of said 15378 acre tract to a one-half inch iron rod found at the most northerly northeast corner of said Lot 2; THENCE with the southeast line of said 15.378 acre tract and with the northwest line of said Lot 2 as follows: South 57 degrees 00 minutes 59 seconds West, 427.68 feet to a one-half inch iron rod found for corner; South 06 degrees 06 minutes 13 seconds East, 193.74 feet to a one-half inch iron rod found at a northwest corner of said Lot 2, said point being the most northerly corner of Lot 1, Block A, Preserve at Pecan Creek Apartments, an addition to the City of Denton as recorded in Cabinet X, Page 737, Denton County Plat Records; THENCE South 38 degrees 59 minutes 33 seconds West, 641.09 feet to a one-half inch iron rod found at the most southerly southeast corner of said 15.378 acre tract, said point being in the northeast line of said City of Denton tract, said point also being the most westerly corner of said Lot, Block A; THENCE with the southwest line of said 15.378 acre tract and with the northeast line of said City of Denton tract as follows: North 45 degrees 32 minutes 54 seconds West, 16.81 feet to a one-half inch iron rod found for corner; Northwesterly, 340.94 feet with a curve to the left having a central angle of 12 degrees 39 minutes 38 seconds, a radius of 1542.93 feet, a tangent of 171.17 feet, whose chord bears North 51 degrees 52 minutes 43 seconds West, 340.25 feet to the POINT OF BEGINNING and containing 669,855 square feet or 15.378 acres of land. s:VegAour documentslordinances1101z10-0008.doc Exhibit B ®~GIWhlh ~tli~Y. ~n_$nwa WR MYai[Po!/~~4.~s+wM~wi'ewSw~lMWuw~~aA~'IG+/aFY'WWifW~~MA~iwy i oil IN 1 I' z `~Y S ~ LL}} k _ y I e llk F~ t 4 11 r. - - - - - - - - - - y w iJl~ 3 'L' 4y` i a 3 ~ ~ l y j r 4 E - €.w•` ~ :fit 6fE Y~w ~ r #k ~ ~ ~ ~ ~3~~ 1§2 EIJI a eF,~iI AGENDA INFORMATION SHEET AGENDA DATE: October 5, 2010 DEPARTMENT: Planning and Development ACM: Fred Greene SUBJECT- PDA] 0-0003 (Wheeler Ridge Commercial) Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas regarding a Concept Plan amendment and a Detailed Plan amendment (Ordinance No. 2009-302) within the Wheeler Ridge Planned Development District (PD-176). The Concept Plan contains approximately 9.08 acres and the Detailed Plan contains approximately 4.05 acres located within the boundaries of the Concept Plan. The subject site is located at the southeast corner of Teasley Lane (FM 2181) and Robinson Road; and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability and an effective date. (PDA10-0003) The Planning and Zoning Commission recommended approval of this request (5-0). BACKGROUND The 7-Eleven company is proposing to constrict a convenience store with fuel dispensers at the southeast corner of Robinson Road and Teasley Lane within the Wheeler Ridge Planned Development District (PD-176). The purpose of this zoning request is to amend Condition No. 4 in Ordinance No. 2009-302 regarding access limitations from the site to Robinson Road. Condition No. 4 reads "The western-most access from Robinson Road shall be prohibited until the City Engineer verifies that the total traffic count exceeds ten thousand (10,000) trips per day for the entire 9.08 acre site". The subject amendment will allow the proposed convenience store to utilize this driveway without validation of the required traffic numbers. On October 5, 1999, the City Council approved a Concept Plan for the Wheeler Ridge Planned Development District (PD 176). The Concept Plan contained 168.5 acres and included several residential parcels and two (2) parcels designated for commercial development, identified as Tract 1 and 3. Tract 1 contains approximately 9.08 acres and is the subject of this review. On December 1, 2009, the City Council approved both an amendment to the PD 176 Concept Plan for all of Tract 1, and a Detailed Plan to allow a self-storage facility on 4.05 acres within Tract 1. The Concept Plan shows four (4) access points onto the site. Two (2) access points are driveways from Robinson Road, one (1) driveway is on Teasley Lane near the northwest corner of the site, and one (1) access point is at the southwest corner of the site to Lost Pony Drive. The Lost Pony Drive access is limited to pedestrians and bicycles. According to the City of Denton's road classification system (The Mobility Plan), Robinson Road is classified as a Secondary Major Arterial, and Teasley Lane is classified as a Primary Major Arterial. Staff recommended denial of the previous Concept Plan amendments in December of 2009 based on adherence to Section 34-115 of the City of Denton Zoning Ordinance (the development regulation applicable at the time of the PD zoning approval), that required any proposed access onto an arterial street to be warranted by vehicular trip generation if there is more than one (1) proposed access onto an arterial street. Based on the site plan and the estimated vehicular trip per day submitted by the applicant, the development was projected to generate 10,249 vehicle trips per day. After reviewing the applicant's estimated traffic generation information, staff determined that two (2) driveways were warranted into the DRC Findings/Recommendation Page 1 of 18 101 '10 1.44:05 PM Case#: PDA10-0003 development with one (1) access onto Robinson Road and the other onto Lost Pony Drive, unless the applicant could demonstrate with a traffic impact analysis study that there is adequate traffic count from uses on the property to warrant more than two (2) access points onto the site. It was also determined that a third access point would be granted to the development upon generating 5,000 vehicle trips per day and shall be required to be on Robinson Road, the lesser street. A fourth access point would be granted onto Teasley Lane upon the development generating 10,000 vehicle trips per day. On December 1, 2009 the City Council approve the request to amend the Concept Plan, as proposed by the applicant, with the access point off Teasley Lane and two (2) access points onto Robinson Road. However, there was a condition that the western-most access onto Robinson Road be prohibited until the City Engineer verifies that the total traffic count exceeds ten thousand (10,000) trips per day for the entire 9.08 acre Concept Plan. The access onto Lost Pony drive was also approved, but strictly for pedestrian and bicycle connectivity only. On March 8, 2010, an application for a Detailed Plan was submitted for a gasoline station with a convenience store. The Detailed Plan submitted showed access onto Robinson Road, via the western-most access. Previously, the only application for development on the subject site had been a storage unit facility. After reviewing the estimated vehicle trips for the gasoline station and the proposed storage unit facility, staff determined that the traffic count for the two (2) uses (storage facility and the proposed gasoline station) does not warrant access onto the western- most access onto Robinson Road. On August 25, 2010, the Planning and Zoning Commission conducted a public hearing and recommended approval, subject to the condition that the request to allow access onto the western-most access on Robinson Road shall be granted with the installation of a traffic signal at the corner of Teasley Lane and Robinson Road. The Planning Division sent certified notices of the P&Z public hearing to fifty four (54) property owners within 200 feet, and ninety eight (98) courtesy notices to residents within 500 feet of the subject property. As of this writing, staff has received two (3) responses from property owners within 200 feet of the subject property in opposition to the request. Public notification information is provided in Exhibit 6. PRIOR ACTION/REVIEW The following is a chronology of Planned Development 176, commonly known as Wheeler Ridge PD-176 Ordinance No.99-367 • Providing for Planned Development District 176 for 168.57 acres. • Located between Nowlin Road, FM 2181 (Teasley Lane) and Robinson Road Ordinance No.2000-216 • Providing a 253 acre Detailed Plan. • Generally located east of Teasley Lane between Robinson and Hickory Creek Ordinance No.2003-062 • Altered the number of lots and increased the amount of open space DRC Findings/Recommendation Page 2 of 18 101 '10 1.44:05 PM Case#: PDA10-0003 Ordinance No. 2009-302 • Amending the existing concept associated with the approximately 9.08 acre commercial development (Tract 1) • Providing for a 4.05 acres detailed plan for the development of a storage unit facility • Generally located at the southeast corner of Teasley lane (FM 2181) and Robinson Road OPTIONS 1. Approve as submitted. 2. Approve subject to conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION The Planning and Zoning Commission recommends APPROVAL of this request subject to conditions (5-0) The Development Review Committee recommends DENIAL of this request. EXHIBITS 1. Site Location/Aerial Map 2. Zoning Map 3. Future Land Use Map 4. Proposed Concept/Detailed Plan 5. Overall Landscape Plan 6. Letter from Applicant 7. Notification Information Map 8. Planning and Zoning Commission, August 25, 2010 Meeting Minutes 9. Ordinance Prepared by: Nana Appiah, AICP Senior Planner Respectfully submitted: Chuck Russell, AICP Interim Planning Manager DRC Findings/Recommendation Page 3 of 18 101 '10 1.44:05 PM Case#: PDAIO-0003 CITY OF DENTON DEVELOPMENT REVIEW COMMITTEE STAFF REPORT P&Z Date: August 25, 2010 TYPE: Planned Development District Amendment CC Date: October 5, 2010 PROJECT PDAIO-0003 Project Number: PDA10-0003 Request: To amend a Concept Plan and a Detailed Plan (Ordinance No. 2009-302) within the Wheeler Ridge Planned Development District (PD-176). The Concept Plan contains approximately 9.08 acres and the Detailed Plan contains approximately 4.05 acres located within the boundaries of the Concept Plan. Applicant: James Massey Property Owner: Wheeler Ranch 5225 Village Creels Drive Plano, TX 75060 Location: The property is generally located at the southeast corner of Teasley Lane (FM 2181) and Robinson Road. Size: 9.08 acres ± Zoning Designation: Planned Development 176 (PD 176) Future Land Use: Neighborhood Centers Case Planner: Nana Appiah DRC Recommendation: The Planning and Zoning Commission recommends APPROVAL of this request subject to conditions (5-0). The Development Review Committee (DRC) recommends Denial of PDA-0003. Summary of Analysis: According to the approved Concept Plan (Ordinance 2009-302), the City Council approved four access points onto the site, two (2) driveways onto Robinson Road, one (1) onto Teasley Lane, and a pedestrian and bicycle connectivity onto Lost Pony drive. The request to amend the approved Concept Plan is not warranted by any traffic count. There are two approved driveways onto Robinson Road, one of which is the eastern-most driveway. The eastern-most driveway can be utilized for any immediate development without meeting the 10,000 vehicle trip count required for two driveways on Robinson Road. It is staff determination that the proposed 7- Eleven gasoline station and convenient store can utilize the eastern-most access. DRC Findings/Recommendation Page 4 of 18 101 '10 1.44:05 PM Case#: PDAIO-0003 The conditions that were approved by Council on December 1, 2009 read as follows: 1 The applicant shall provide a 20 foot landscape buffer on the south and east side of the site as shown and attached in Exhibit B. 2 The access from Teasley Lane to the site is restricted to a right and right driveway. The owner shall be responsible for constriction of a right turn lane per the City Engineer standards. 3 The easternmost driveway from Robinson Road to the site shall be permitted upon the completion of a right turn lane on eastbound Robinson Road and a left turn lane on westbound Robinson Road into the driveway. 4 The westernmost access from Robinson Road shall be prohibited until the City Engineer verifies that the total traffic count exceeds ten thousand (10,000) trips per day for the entire 9.08 acre site. 5 The owner shall provide a terminus at Lost Pony drive with a pedestrian and bicycle connectivity. 6 The southern and eastern rear walls of the self storage strictures shall be constricted as per the elevations attached in Exhibit D. The main facility office shall be constricted as per the attached elevation in Exhibit C. Findings of Fact 1. The request is to amend a Concept Plan and a Detailed Plan (Ordinance No. 2009-302) within the Wheeler Ridge Planned Development District (PD-176). The Concept Plan contains approximately 9.08 acres and the Detailed Plan contains approximately 1.05 acres located within the boundaries of the Concept Plan. 2. On December 1, 2009, the City Council approved a Concept Plan for 9.08 acres on the subject property. Per Ordinance No. 2009-302 approving the Concept plan, tiro driveway access points are allowed onto Robinson Road with a condition that the western-most access shall be prohibited until the City Engineer verifies that the total traffic count exceeds ten thousand (10, 000) trips per day for the 9.08 acre site. 3. Four access points are permitted onto the subject property. Two access points are drivelravs onto Robinson Road, located to the north of the property. The other access points are onto Teaslev Lane, located to the west of property, and a pedestrian and bicvcle access onto Lost Ponv Drive, located to the south of the property. 4. The purpose of the request is to allow for the development of gasoline station to access the western-most access onto Robinson Road without providing a traffic count of 10, 000 vehicle trips per day. 5. The property has frontage on Robinson Road to the north, Teaslev Lane to the west. According to the City of Denton's Road classification system, Robinson Road is classified as ,Secondary Major Arterial, Teaslev Lane is classified as a Primary Major Arterial. 6 The site is within the Neighborhood Centers Future Land (Ae District. 7. Per Ordinance number 99-367, uses permitted lrithin commercial ((l) zoning district are permitted on the subject property. DRC Findings/Recommendation Page 5 of 18 101'0101.44: 05 PM Case#: PDA10-0003 8. Per Element 3 of the Denton Plan, Neighborhood Centers are oriented imvardly, focusing on the center of the neighborhood and containing facilities vital to the day-to- dav activity of the neighborhoods'. A neighborhood center might contain a convenience store, small restaurant, personal service shops, church or synagogue, davcare, individual office space, a small park and perhaps an elementary school. 9. The subject site is not located within a Historic or Conservation district. 10. The property will be served by the City of Denton water and server svstems. 11. According to the City of Denton Fire Department, this property is serviced by the City's Fire Station -0, located at 3232 Teasley lane. Planning and Zoning Commission (P&Z) Recommendation The Planning and Zoning Commission recommended APPROVAL of this request (5-0) at its meeting on August 25, 2010 subject to the following condition: CONDITION OF APPROVAL 1. The requirement that the western-most access from Robinson Road shall be prohibited until the City Engineer verifies that the total traffic count exceeds ten thousand (10,000) trips per day for the entire 9.08 acre site shall be waived with the installation of a traffic signal at the corner of Teasley Lane and Robinson Road. Development Review Committee Based on the information provided by the applicant and a recent site visit, the Development Review Committee finds that with the recommended conditions, the request IS INCONSISTENT with the surrounding land uses and general character of the area, IS INCONSISTENT with the Denton Plan, and IS INCONSISTENT with the Denton Development Code. Based on the findings-of-fact, the Development Review Committee (DRC) recommends DENIAL of PDA 10-00031. GENERAL NOTES A-OTE: Approval of this request shall not constitute a ivaiver or variance from any applicable development requirement unless specifically noted in the conditions of approval and consistent with the Denton Development Code. A-OTE: All written comments made in the application and subsequent submissions of information made during the application review process, which are on file with the Cio) of Denton, shall be considered to be binding upon the applicant, provided such comments are not at variance with the Denton Plan, Denton Development Code or other development regulations in effect at the time of development. DRC Findings/Recommendation Page 6 of 18 101'0101.44: 05 PM Case#: PDA10-0003 Surrounding Zoning Designations and Current Land Use Activity: Northwest: North: Northeast: NR-4/CMG NR-2: NR-2 Single family homes, Hickon- Creek Commercial Development Single family homes, Lakewood Heights Estates West: East: NR-4 PD-176 Single family homes, Forest Single family homes, Wheeler Ridge Meadow Southwest: South: Southeast: NR-4 PD 176: PD-176 Single-family homes, Lexington Single-family home, Wheeler Ridge Single-family homes, Wheeler Park Ridge Source: City ofDentor Geographical 11#6rinatior System and site visit by City staff' Comprehensive Plan: A. Consistency with Goals, Objectives and Strategies: The property is within the Neighborhood Centers future land use category per the Future Land Use Map of the Denton Plan. Per Land Use Element of the Denton Plan, Neighborhood Centers should develop in conventional patterns or may be developed in a pattern of `Neighborhood Centers'. The Plan recommends Neighborhood Centers to be oriented inwardly, focusing on the center of the neighborhood and containing facilities vital to the day-to-day activity of the neighborhood. A neighborhood center might contain a convenience store, small restaurant, personal service shops, church or synagogue, daycare, individual office space, a small park and perhaps an elementary school Staff finds the anticipated uses within the Concept Plan are consistent with the Denton Plan. However, the proposed access onto the subject site is inconsistent with the Denton Plan. The subject property is surrounded by residential homes. The homes to the south and east were approved as part of PD-176. Per ordinance number 99-367, the intent of the subject site is to encourage and accommodate the development of office, retail, and commercial centers on the subject site. B. Land Use Analysis: Per section 35-136 of the City of Denton Zoning Ordinance, planned development districts are intended to provide for the development of land as an integral unit for single or mixed use in accordance with a plan that may vary from the established regulations of other zoning districts. They are also meant to encourage flexible and creative planning to ensure the compatibility of land uses, to allow for the adjustment of changing demands to meet the current needs of the community. Staff finds the Concept Plan consistent with the intent of the Planned Development District According to the applicant, the entire property will be utilized for multiple commercial uses allowed within the C Commercial zoning district. Per the site plan submitted, some of the anticipated tenants include a storage facility, a fast food restaurant, a convenient market and gasoline station, a pharmacy shop, and a specialty retail shop. According to the applicant, the acreage for each use will be determined as each user requests for a Detailed Plan approval DRC Findings/Recommendation Page 7 of 18 101 '10 1.44:05 PM Case#: PDA10-0003 C. Current Planned Development District Allocation The applicant is not proposing any change to the acres allocated for commercial uses within PD- 176. Current Allocation in PD-176 Proposed Allocation 9,08 acres of commercial 9.08 acres of a gasoline development station Nearest Elementary, Middle, and High School The proposed non-residential development will not produce any elementary, middle or high school students and therefore will not impact the associated Independent School District. Nearest Fire and EMS Station Name of Station Approximate Distance From Subject Property Fire Station #6, 3232 Teasleti- lane f1.3 miles Water and Wastewater Demand and Capacity: A. Estimated Demand and Service Provider: This development will be serviced by the City of Denton water and sewer service system. The request is to amend the approved Concept Plan to allow a second access onto Robinson Road. Estimated water and sewer demand will be determined during Detail Plan approval for specific uses on the site. B. Available Capacity: A proposed 8 inch potable water main along Teasley Lane (along west side of property) will serve the subject site. Installation of this main will be Developer's responsibility. A proposed 8 inch gravity main along Teasley Lane and Robinson Road (along west and north sides of property) will serve the subject site. Installation of this main will be Developer's responsibility; however, the off-site portion would be eligible for Pro Rata participation. C. CIP Planned Improvements: Currently, the replacement of the Teasley Lane water and sewer mains (along west side of property) are in the 2012 (design) and 2013 (constriction) Capital Improvements Plans. Roadways/Transportation Network: A. Estimated Demand: Traffic Impact Analysis study will be required during platting for each use on the site. DRC Findings/Recommendation Page 8 of 18 101 '10 1.44:05 PM Case#: PDA10-0003 Subject Property Estimated Im pact Analysis 9.08 f acres Proposed Demand Adequate to Serve (Yes or No) Average Armiual less than 10,249 Yes Daily Trips (AADT) B. Available Capacity: The subject site has frontage on Teasley Lane (EM. 2181) to the west and Robinson Road to the north. According to the City of Denton's road classification system, Robinson Road is classified as a Secondary Major Arterial, and Teasley Lane is classified as a Primary Major Arterial which requires 1315 feet of right-of-way. According to the application submitted, the estimated transportation demand is 10,249 vehicle trips per day. Capacity is available on this roadway. Exactions such as right-of-way dedication, easement dedications, corner clip dedication, cost participation for signalization and possible street improvements will be required at the time development occurs. Additionally, pedestrian access in the form of a 5 foot sidewalk construction will be required along the site's frontage. C. Roadway Conditions: Teasley Lane and Robinson Road conditions are fair. D. CIP Planned Improvements: The City of Denton has no planned improvement for the transportation facilities serving the subject site. Environmental Conditions: There are no Environmentally Sensitive Areas on site. Wells (Public/Private): There are no known public or private potable water wells on site. Airports: The site is located outside of the Denton Municipal Airport's ACCLUD zones. Electric: There are no comments regarding this Planned Development Amendment. Park Facilities: This proposed non-residential should have no impact on the City's park facilities. Comments from other Departments: N/A DRC Findings/Recommendation Page 9 of 18 101 '10 1.44:05 PM Case#: PDAIO-0003 Exhibit 1 - Site Location/Aerial Map rs. ~LCR i ~ , P - O ~Nt - m RYAN S r~NORTH FORTY- vm 'HILLSIDE fSfyJ~ _ _ a _ F7 __j I t Er I (~5 LL W LLJ w m - O - 5 0 0 - VVILDwooo- - - ROBINSON = MIRANDA PLACE- - - CLYDESDALE w Q Q -Site z - - Q z C -LIPIZZAN° _ O O - _w ALTA,VISTA ~HDALUSIAH 1 _ s ;SUTLER CREEKDALE q .1 w Uu# 77 !PukLIC ALLEY D DEL MAR p. p r- r -tr r - m - o wHEELEFZ RIDGE - E CL-7,10NT PARK > EAREBACK - N n by D LONESOME TRAIL-1 D tr r - 70 71 -1 T f. D -PADDOCK n- 'S - S q _'D F__SERT DRC Findings/Recommendation Page 10 of 18 101 '10 1.44:05 PM Case#: PDA10-0003 Exhibit 2 - Zoning Map soy `NN~~~~R m _ y HR-4 ri rzrrn._! ti Y G~ I IF 1VIU-12 RYAN NORTH FORTY 0 0 'Z HILLSIDE LLI NR-2 114 w Y lis m W rnn c) X ¢ r.I rz 0) q 't w Lu Y_ m w z X w m °R'4 ° ° w ~jl 0 ri-4 ' O WILDWOOD -ROBINSON MIRANDA PLACE E J CLYDESDALE w a Q Site z ¢ z LIPIZZAN a ° ° z raR ANDALUSIAN Q ALTA VISTA O AO n Q> rn BUTLER CREEKDALE O O ? PG PUBLIC ALLEY ¢ s~C DEL MAR M D ON Im PD ~ O WHEELER RIDGE 73 BELMONT PARK BAREBACK tJ R 4 D W D O D LONESOME TRAIL o m ~0 m co ~O D PADDOCK n Z PD z s DESERT' q t ra F r'll r NOWLIN Z HR-2 ~fJ DRC Findings/Recommendation Page 11 of 18 101 'io 1.44.05 PM Case#: PDA10-0003 Exhibit 3 - Future Land Use Map BOG ~N~E4ER m Y Existing Land Use o~ a RYAN NORTH FORTY <y O U, q HILLSIDE COQ o X w ~G E5 Z w Y m L m x -4 d w 70 ~ r" rn w U ~ x > ~ m ° O Q O Q 0 p WILDWOOD ROBINSON IRAN,PLACE I • I-1 I I 1 I _ ~ Ll ~ ~ CLYDESDALE 1 - I Ste m ~ Hrl w G f LIRIAN a . it-c E1 ' zl w ALTA 11 ANDALUSIAN I '11~STA ~ ~ ~ ~ 0 Q? Q - j 1 C tER LE REEKDA PUBLIC ALLEn . MA m 'DEL i 10-1 W,HEELER RIQO BE MAN L BARK Tj BAREBACK ~ it o LONESOME TRAIL Ca IT , O - II ( r r' ilk I - m U) ~ O y IF I ` ( r pgpDOLLG_K D T z 101 AL 0, 6 z DE2 ERT r t i i (NE7VHLIN hJel`h = borhovd,1Center 1 ~ DRC Findings/Recommendation Page 12 of 18 101 '10 1.44.05 PM Case#: PDA10-0003 Exhibit 4 Proposed Concept/Detailed Plan 1 ,IN I m .3 r i oa I i - - vi. v~ _ E I I ; ~i I o~ 1 1. 7- ""7 F DRC Findings/Recommendation Page 13 of 18 101 '10 1.44:05 PM Case#: PDA10-0003 Exhibit 5 - Overall Landscape Plan i i _ - N 891J 50' W 431'5 13 15 o' w -0~h > irk - - 1X2 j D TALE[ ELEVEN d°h 67 I ry H ulm I I } I dop l(1 S~~L ~ £I$ bI III 1 CONCEPT CONCEPT 1 ~ my e v1 Ov it r _ INCEPT w _ _V I I 1 _ J arJS.0- E N B] 15 E N III,F 696J - 6,1L E 1 1 - CONCEPF ' I w r i I 2c~ F I N BT525>5~ E_ I f - - _ - - - DURING Y _ 1 OEVELOPIAEVT FOR ` A TOTHL OF 30 3 + A cxE0l rs ii + - ~ I I u J o N_ t CONCEPT [ T_I I~ I I =I II 'I - N 6T52'S) 5' E I R>1.t6 LL tl µ r 25 f r l OErAfLEO ~ i I ~P - CONCEPT I -5-1 E i IL II ~ ~ ~ ,~IL ~ Y r Y DRC Findings/Recommendation Page 14 of 18 101 '10 1.44:05 PM Case#: PDA10-0003 Exhibit 6 - Letter from Applicant ENGINEERS ■ SURVEYORS ■ PLANNERS LANDSCAPE ARCHITECTS ■ ENVIRONMENTAL SCIENTISTS 4800 Sugar Grave Boulevard Suite 315 Stafford, TX 77477 261.494.0360 Fax 281.494.0309 April 8, 2010 Planning Department City of Denton 221 N. Elm Street Denton, TX 76201 Re: Letter of Intent - Amendment of Ordinance No. 2009-302 Detailed Development Plan located at southeast corner of Teasley Ln. & Robinson Rd. (Z08-0019) Dear Sir/Madam: In conjunction to 7-Eleven development on future Lot 5, we would like to request an amendment for the Ordinance No. 2009-302 Section 2, item 4 to allow the driveway entrance onto Robinson Road to be constructed subject to 7-Eleven construction. This driveway entrance will be serving the 7-Eleven as well as the rest of the development. Enclosed are the Detailed Development Plan application and 14 copies of Detailed Development Plan for your review. Respectfully submitted, a - - ' Jeremy Leo'p''I; W' `r'ec, RE, CEI Engineering ssociates Inc. Providing Consolidated Land Development Services CALIFORNIA ■ ARIZONA ■ TEXAS ■ ARKANSAS ■ MINNESOTA ■ GEORGIA ■ PENNSYLVANIA ■ FLORIDA DRC Findings/Recommendation Page 15 of 18 101 '010 1.44:05 PI l Case#: PDA10-0003 Exhibit 7 - Notification Information Map HIL- LSI11E-------- 1500 ft A~ ~ pOD > 0 pU$ r u 0 ca w - - -------ROBIN- ON ~M-IRANGA PL E I ~ ~ V REpONn- SITE - I~ I Lij s~ 6, 2 s.TA - - -_oEN IVY- - - VI: - ALTA i GRiEKDALE p-yBLIO ALLEY 1 wO~" ED€L-MAFt I) I III - - i I I Legend Wheeler Ridge Commercial Development N Q SITE Streets DRC Findings/Recommendation Page 16 of 18 10110101.44.05 PM Case#: PDA10-0003 Exhibit 8 - Planning and Zoning Commission Meeting Minutes B. Hold. a public hearing and consider making a recommendation to the City Council regarding a Concept Plan amendment and a Detail Plan amendment (Ordinance No. 2009-302) within the Wheeler Ridge Planned. Development District (PD-176). The Concept Plan contains approximately 9.08 acres and the Detail Plan contains approximately 4.05 acres located within the boundaries of the Concept Plan. The subject site is located. at the southeast corner of Teasley Lane (FM 2181) and. Robinson Road. (PDA10-0003, Wheeler Ridge PD Amendment, Nana Appiah) Nana Appiah presented this item and he gave a brief history of the original Planned Development District (PD-176, Wheeler Ridge). There have been several previous amendments to the Detail and Concept Plan. The applicant is requesting an amendment to Ordinance 2009-302, specifically to amend condition of approval number four (4) to allow the development of a gasoline station (7- Eleven), which would require access onto the western-most access onto Robinson Road without providing the traffic counts of ten thousand (10,000). Condition number four(4) of Ordinance 2009-302 states the western-most access from Robinson Road shall be prohibited. until the City Engineer verifies that the total traffic count exceeds ten thousand (10,000) trips per day for the entire 9.08 acre site. Staff has reviewed this request and determined that it is not consistent. Notifications were sent out. Fifty-four (54) 200 feet (Legal Notices) and Ninety-eight (98) 500 feet (Courtesy Notices) Received tree (3) responses in opposition. The Development Review Committee reconitnends denial of this request. The applicant, James Massey, representing 7-Eleven was present and spoke in favor of the request. The public hearing was opened at 7:25 p.m. Various citizens spoke. The public hearing was closed at 7:48 p.m. Mover: Commissioner John Ran motioned to approve this request with changes. Here are the modifications requested by the commission. The commission would like to recommend to the City= Council to approve this drive- thru requested with either the 10,000 legal count requirements or a signal light at the intersection of Teaslev and Robinson Road. Seconder: Commissioner Jean Schaake On roll call vote: Commissioner John Ryan "aye", Commissioner Brian Bentley „aye Commissioner Thom Reece "aye", Commissioner Jean Schaake "aye", Chairman Walter Eagleton "aye", and Conlrllrssroner Patrice Lyke nayen. Passed: 5/0 DRC Findings/Recommendation Page 17 of 18 101 '10 1.44:05 PM Case#: PDA10-0003 salegahour documentslordinances1101wheeler ridge commercial pd amendment.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, SUPERSEDING AND REPLACING ORDINANCE 2009-302; AMENDING THE EXISTING CONCEPT PLAN FOR APPROXIMATELY 9.08 ACRES OF LAND WITHIN THE PLANNED DEVELOPMENT 176 (PD-176) ZONING DISTRICT, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF TEASLEY LANE (FM 2181) AND ROBINSON ROAD, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; AMENDING THE PREVIOUSLY APPROVED DETAILED PLAN ON APPROXIMATELY 4.05 ACRES, LOCATED WITHIN SAID CONCEPT PLAN AMENDMENT; APPROVING A NEW DETAILED PLAN FOR APPROXIMATELY 0.83 ACRES OF LAND LOCATED WITHIN SAID CONCEPT PLAN AMENDMENT; PROVIDING A SAVING CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. (Z10-0006 AND PDA10- 0004) WHEREAS, on December 1, 2009, Ordinance No. 99-302 the City Council approved a concept plan amendment for 9.08 acres of land within the Planned Development 176 (PD-176) zoning district, and approved a detailed plan for 4.05 acres of land therein; and WHEREAS, CEI Engineering Associates, Inc., has applied for a new detailed plan for 0.86 acres of land located within the 99-302 concept plan amendment area, but separate from the 4.05 acre detailed plan previously approved therein; and WHEREAS, on August 25, 2010 the Planning and Zoning Commission concluded a public hearing as required by law, and recommend approval of the new 0.83 acre detailed plan, with conditions necessitating the amendment of the conditions associated with Ordinance 99- 302, as applied to the 9.08 acre concept plan amendment and the 4.05 acre detailed plan amendment previously approved therein; and WHEREAS, the City Council finds that the requested 0.83 acre detailed plan, as well as the amendments to the previously approved 9.08 acre concept plan amendment and 4.05 acre detailed plan, are consistent with the previously approved Concept Plans for PD-170, PD-172 and PD-176, and are consistent with the Denton Plan and the Development Code; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON 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 2. Ordinance 2009-302 is hereby superseded and replaced in its entirety, and the concept plan amendment therein approved for 9.08 acres of land within Planned Development 176 (PD-176), legally described in Exhibit A, attached hereto and incorporated herein by reference (hereinafter, the "Concept Plan Amendment Property"), is hereby amended and superseded by the concept plan attached hereto and incorporated herein by reference as Exhibit B (hereinafter, the "Concept Plan Amendment"), subject to the following amended conditions: 1. The developer shall provide a 20-foot landscape buffer on the south and east side of the site as shown and attached in Exhibit C. 2. The access from Teasley Lane to the site is restricted to a right-in and right-out driveway. The developer shall be responsible for construction of a right turn lane per the City Engineer's standards. 3. The easternmost driveway from Robinson Road to the site shall be permitted upon platting and completion of a right turn lane on eastbound Robinson Road and a left turn lane on westbound Robinson Road into the driveway. 4. The westernmost access from Robinson Road shall be prohibited until a traffic signal is installed at the corner of Teasley Lane and Robinson Road, or until the City Engineer verifies that the total traffic count exceeds ten thousand (10,000) trips per day for the entire 9.08 acre site. 5. The developer shall provide a terminus at Lost Pony drive, with pedestrian and bicycle connectivity. 6. The southern and eastern rear walls of the self storage structures shall be constructed as per the elevations attached in Exhibit D. The main facility office shall be constructed as per the attached elevation in Exhibit E. SECTION 3. The detailed plan approved in Ordinance 2009-302, on property legally described in Exhibit F, attached hereto, and incorporated herein by reference (hereinafter, the "4.05 acre Detailed Plan Property") is hereby amended and superseded by the amended detailed plan, attached hereto and incorporated herein by reference as Exhibits B, C, D and E (hereinafter, collectively referred to as the "4.05 acre.Amended Detailed Plan" and is further subject to the six conditions imposed upon the Concept Plan Amendment, detailed above in Section 2 of this Ordinance. SECTION 4. The detailed plan proposed by the applicant, on 0.83 acres of land legally described in Exhibit G, attached hereto and incorporated herein by reference (hereinafter, the "0.83 acre Detailed Plan Property") is hereby approved as depicted in Exhibit H, attached hereto and incorporated herein by reference (hereinafter, the "0.83 acre Detailed Plan"), and is further subject to the following conditions: 1. All original conditions of approval and subsequent modifications associated with Planned Development 176 (PD-176), including the six conditions imposed upon the Concept Plan Amendment, detailed above in Section 2 of this Ordinance, shall remain valid unless specified otherwise herein. 2. Uses within this detailed plan shall be limited to those permitted within the Commercial (C) zoning district approved within Planned Development 176 (PD-176). SECTION 5. The provisions of this ordinance as they apply to the Detailed. Plan Property shall govern and control over any conflicting provisions of Ordinances 99-257, 99-367, 99-405, 2000-216 and 2003-062, but all the provisions of Ordinances 99-257, 99-367, 99-405, 2000-216 and 2003-062, as they apply to those remaining portions of the planned development 2 district not herein amended, shall continue in force and effect and shall apply to the remainder of said district. SECTION 6. A copy of this ordinance shall be attached to Ordinances 99-257, 99-367, 99-405, 2000-216, and 2003-062 showing the amendment herein approved. SECTION 7. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and.distinct offense. SECTION 8. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGES Y. 3 EXHIBIT "A" Wheeler ranch commercial block a lot 1 and lot 2, a 9.08 acre tract of land lying and being situated in the B. Merchant Survey, Abstract Number 800, City of Denton, Denton County, Texas, and being a part of a called 167.477 acre tract described in a deed to Wheeler Ranch, LTD., Recorded in volume 4288, page 1637, real property records, Denton County, Texas, and being more particularly described as follows: Beginning at a found 112 inch iron pin on the west line of said Wheeler Ranch tract on the east right- of-way line of Teasley Lane (F.M. 2181), at the western most northwest corner of wheeler ridge, phase three, an addition to the City of Denton, according to the plat thereof recorded in cabinet v, page 991, plat records, Denton County, Texas; Thence north 02 degrees 24 minutes 20 seconds west a distance of 620.88 feet to a 112 iron rod found for corner; Thence north 43 degrees 55 minutes 58 seconds west a distance of 56.61 feet to a 112 iron rod found for corner; Thence south 89 degrees 25 minutes 42 seconds east a distance of 573.33 feet to a 112 iron rod found for corner; Thence south 02 degrees 22 minutes 24 seconds east a distance of 630.23 feet to a 112 iron rod found for corner; Thence south 87 degrees 35 minutes 40 seconds west with a north line of said Wheeler Ranch Addition, a distance of 613.15 feet to the point-of-beginning, and containing 9.08 acres of land. Exhibit B :wm r-L ~a r & cf I'I R a 4 ` IT o log R p use ae~ 5e~ 1 s s Jill e 43 1R i a~ k~ I ~ I 1 t - - - - - - - - - - - - - { ~ w . ~ . rarar a'reus ~almine ,ce ~ { 1lJ08ll5 9Nlmlaa .OL a i E ore ! _ 1. - - ___-pox 1 tl~ r. - 4 3:~ d S V IkY ~7 gRa6~a 1 _ (a - i I ! -L 71 - _ _ _ ! ~ • - 7 w a.nw~M ~wkw ~ P AM W ' { b u s_ y 1 s z"~$„ 1e~ i x 1 fl l i W 1 r tl~~ '{Y. .0_•_0_•_x_°_o: oo ~ ~ w.l 1 I - I i~.aun o>Wne.P 'r, _'.a o-' a s ' ~ -.rum. ~mr. + + t } * + v + + fm rwA.9 aMUms nyuteeur+ _ - -+-'aH n'arsau w ! `saes Exhibit C ~q Rap ca g w' $ So, 4 V a yy~~y L ~ ~ 66 ~ 6~" ~ A F~="~ gN' 3 @ i S~ ? d La 5a&'~ 4 8s A o Y ~[z §ems # gx li x 9' E -4 11 ak a`a 5I ow gig r' k d] GwaeY izM Bme ~ ff,l I I @ sx; 5 !t ~ -elI I~ uN il^I ~ I ~a 3 I C W I _ I IE . s o'~ma zl , .,m mom. ~ , ! 1 - I ! _ riF l - - f k 1 g ~~~~pp 3qI - 1 E I I I C 888Y w~ 5 ~fx ~ 1 1 1 ~f 1 I I 13~~~~~~~ 15- be t 1 Ip 1 ~ 1 / as 0. c r I E I I A rr p, r } + + + + + + .yz ~ +}aM +ara ` 'M M-~--a--~rTN +ata+ + M+-~-T~M+ a'+ ++k. . w M,rJbt ]vlgpyn I r bN N3003N C _ . i Exhibit D PROPOSED ADVANTAGE STORAGE FACILITY F. M. 21$9 (TEASrLEY aRVE) DENTON, TEXAS ST iRAGE `rte Y J G Alf, Y_:-, EKWnsiw tandscapfng used around perimeter walls j t 4 K- Perimeter walls provide aesthetically ' pleasing, uninWmpted ecreen from adjacerA propertie& Exhibit E 32lftl:l~,tfH~2~at~i CR ~y t~,yJH3NYi42.if3At33~L1fh ~ / ao"OIS SO .L1, ~EKA CY Val 7~y{ 1:' A & r t q t 2A f k~ sl 777 h y " s IS, F~ i i I ~ I . a _.o f - E 111' _ n k W 111 ! i . i { i EXHIBIT "F" Wheeler Ridge Commercial Lot 1 Block a, a 4.05 acre tract of land lying and being situated in the B. Merchant Survey, Abstract number 800, City of Denton, Denton County, Texas, and being a part of a called 167.477 acre tract described in a deed to Wheeler Ranch, LTD., recorded in volume 4288, page 1637, real property records, Denton County, Texas, and being more particularly described as follows: Beginning at a found 112 inch iron rod on the west line of said Wheeler Ranch tract on the east right-of-way line of Teasley Lane (F.M. 2181), at the western most northwest corner of wheeler ridge, phase three, an addition to the City of Denton, according to the plat thereof recorded in cabinet v, page 991, plat records, Denton County, Texas Thence north 02 degrees 24 minutes 20 seconds west with the west line of said Wheeler Ranch tract on the east right-of-way line of Teasley lane (F.M. 2181), a distance of 70.00 feet to a 112 inch iron rod found for corner; Thence north 87 degrees 35 minutes 40 seconds east a distance of 271.15 feet to a 112 iron rod found for corner; Thence north 02 degrees 24 minutes 20 seconds west a distance of 380.00 feet to a 112 inch iron rod found for corner; Thence north 87 degrees 35 minutes 40 seconds east a distance of 350.26 feet to a found 112 inch iron rod in the west line of said wheeler ridge, phase three; Thence south 02 degrees 22 minutes 24 seconds east with a west line of said Wheeler Ridge Addition, a distance of 450.00 feet to a found 112 inch iron rod at an inner ell corner of said Wheeler Ridge Addition; Thence south 87 degrees 35 minutes 40 seconds west with a north line of said Wheeler Ridge Addition, a distance of 621.15 feet to the point-of-beginning, and containing 4.05 acres of land. Exhibit G (Legal Description) ALL OF THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE B. MERCHANT SURVEY, ABSTRACT NUMBER 800, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING A PART OF A CALLED 167.477 ACRE TRACT DESCRIBED IN A DEED TO WHEELER RANCH, LTD., RECORDED IN VOLUME 4288, PAGE 1637, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND 112 INCH IRON ROD AT THE INTERSECTION OF THE EAST RIGHT-OF- WAY LINE OF TEASLEY LANE (F.M. 2181) AND THE SOUTH RIGHT-OF-WAY LINE OF ROBINSON ROAD AT THE NORTHERN MOST NORTHWEST CORNER OF LOT 2, BLOCK A, WHEELER RIDGE COMMERCIAL CONVEYANCE PLAT; THENCE SOUTH 89 DEGREES 13 MINUTES 15 SECONDS EAST WITH THE SOUTH RIGHT-OF-WAY LINE OF ROBINSON ROAD, A DISTANCE OF 156.66 FEET TO A 112 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849" SET FOR CORNER ON THE SOUTH RIGHT- OF-WAY LINE OF ROBINSON ROAD; THENCE SOUTH 02 DEGREES 24 MINUTES 20 SECONDS EAST, A DISTANCE OF 190.00 FEET TO A 112 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849" SET FOR CORNER; THENCE NORTH 89 DEGREES 13 MINUTES 15 SECONDS WEST, A DISTANCE OF 193.00 FEET TO A 112 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849" SET ON THE EAST RIGHT-OF-WAY LINE OF TEASLEY LANE (F.M. 2181); THENCE NORTH 02 DEGREES 24 MINUTES 20 SECONDS WEST WITH THE EAST RIGHT-OF=WAY LINE OF TEASLEY LANE (F.M. 2181), A DISTANCE OF 153.52 FEET TO A 112 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849" SET FOR CORNER; THENCE NORTH 44 DEGREES 04 .MINUTES 21 SECONDS EAST, A DISTANCE OF 50.04 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL 0.825 ACRES OF LAND. Exhibit H Fp~ b a S ] .I !9 iii, 4z n 3 . ' YG I ai FeW . a _ - - x . ~ - 'I I 199.01 ~'°I ham. >n nz~. o g."~I I Ong ..7 Nm~H9y J - w~ 1,64 '[O A 2 H + N `c ~ff - OI ~p. 4 p'F- z cj LJ N' V ~ 2 i x ~Zcro~ woo I 0 a z z v :x° - I .lec~' o .n o s. o o A - ~0 Q a X09 9 0 ' ~ o T T T T o ~ _ ? _ _ _ _ _ Tbgs see el 5 2'24'200° E .11:1x, 31 aVINVA-JNVVd Z1VHd54 - - - b.^2iN 0314OZ o ~!d _ 39vd `X 13Ni8VJ, y ! 3SVHd / MOOV3W ZS380-4 AGENDA INFORMATION SHEET AGENDA DATE: October 5, 2010 DEPARTMENT: Planning and Development ACM: Fred Greene SUBJECT - ZIO-0006 (7-11 Convenience Store) Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas regarding a Detailed Plan to allow a convenience store with fuel dispensers on property located within the Wheeler Ridge Planned Development District (PD-176). The proposed retail development is comprised of a 2,940 square-foot building, a fuel station with four (4) fuel dispensers and two (2) underground fuel storage tanks. The subject site is located at the southeast corner of Teasley Lane (FM 2181) and Robinson Road; and providing for a penalty in the maximum amount of $2,000.00 for violations, thereof, severability, and an effective date. (Z10-0006) The Planning and Zoning Commission recommended approval of this request (5-0). BACKGROUND On October 5, 1999, the City Council approved a Planned Development (PD) Concept Plan for a total of 168.57 acres known as Wheeler Ridge Planned Development District (PD 176, Wheeler Ridge). The 168.5 acres include several residential parcels and two (2) parcels designated for commercial development, identified as Tracts 1 and 3. Tract 1 is comprised of approximately 9.08 acres. On December 1, 2009, the City Council approved both an amendment to the PD Concept Plan for Tract 1, and a Detailed Plan to allow a self-storage facility on 4.05 acres of the 9.08 acres contained in Tract 1. In accordance with the requirements set forth in Section 35-154 of the City of Denton Zoning Ordinance, a Detailed Plan is required after the approval of a Concept Plan for all property located within a Planned Development District. This review is for a Detailed Plan associated with the aforementioned convenience store with fuel dispensers that will occupy approximately 0.8 acres of the remaining undeveloped portion of Tract 1. On August 25, 2010, the Planning and Zoning Commission conducted a public hearing and recommended approval, subject to the condition that the western-most access on Robinson Road shall be granted with the installation of a traffic signal at the corner of Teasley Lane and Robinson Road. The Planning Division sent certified notices of the P&Z public hearing to fifty four (54) property owners within 200 feet, and ninety eight (98) courtesy notices to residents within 500 feet of the subject property. As of this writing, staff has received two (4) responses from property owners within 200 feet of the subject property in opposition to the request. Public notification information is provided in Exhibit 6. PRIOR ACTION/REVIEW The following is a chronology of Planned Development 176, commonly known as Wheeler Ridge DRC Findings/Recommendation Page 1 of 19 101 00118 00 M Case#: Z10-0006 PD-176 Ordinance No.99-367 • Providing for Planned Development District 176 for 168.57 acres. • Located between Nowlin Road, FM 2181 (Teasley Lane) and Robinson Road Ordinance No.2000-216 • Providing a Detailed Plan for 253 acres. • Generally located east of Teasley Lane between Robinson and Hickory Creels Ordinance No.2003-062 • Altered the number of lots and increase the amount of open space Ordinance No. 2009-302 • Amending the existing concept plan associated with the approximately 9.08 acre commercial development (Tract 1) • Providing a Detailed Plan for 4.05 acres for the development of a storage unit facility OPTIONS 1. Approve as submitted. 2. Approve subject to conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION The Planning and Zoning Commission recommends APPROVAL of this request subject to conditions (5-0) The Development Review Committee recommends APPROVAL, subject to conditions stated at page 7 of this report. EXHIBITS 1. Site Location/Aerial Map 2. Zoning Map 3. Future Land Use Map 4. Site Plan 5. Letter from Applicant 6. Notification Information Map 7. Planning and Zoning Commission, August 25, 2010 Meeting Minutes 8. Ordinance Prepared by: ~ Nana Appiah, AICP Senior Planner Respectfully submitted: Chuck Russell, AICP Interim Planning Manager DRC Findings/Recommendation Page 2 of 19 101 00118 00 M Case#: ZIO-0006 CITY OF DENTON DEVELOPMENT REVIEW COMMITTEE STAFF REPORT P&Z Date: August 25, 2010 TYPE: Detailed Plan CC Date: October 5, 2010 PROJECT ZIO-0006 Project Number: Z10-0006 Request: To allow a 3,087 square-foot convenience store with four (4) fuel dispensers on 0.83 acres. The development will also include two (2) underground storage tanks. Applicant: James Massey Property Owner: Wheeler Ranch 5225 Village Creek Drive Plano, TX 75060 Location: The property is generally located at the southeast corner of Teasley Lane (FM 2181) and Robinson Road. Size: 0.83 acres ± Zoning Designation: Planned Development 176 (PD 176) Future Land Use: Neighborhood Centers Case Planner: Nana Appiah DRC Recommendation: The Planning and Zoning Commission recommends APPROVAL of this request subject to conditions (5-0). The Development Review Committee (DRC) recommends Approval of Z10-0006 subject to conditions. Summary of Analysis: Section 35-154 of the City of Denton Zoning Ordinance provides standards by which a Detailed Plan is to be evaluated. Such standards include showing permitted land uses and the acreage for each use, adjacent or surrounding land uses, zoning, streets, drainage facilities, existing or proposed off-site improvements, the location and size of all alleys, parking lots and parking spaces, loading areas to be used for vehicular traffic, access and connection to existing or proposed streets, traffic generated by the proposed uses, the maximum height of all buildings, the maximum total floor area, the location of water retention areas and major drainage facilities, and the location of all major utilities. The applicant has submitted a Detailed Plan to demonstrate how these requirements will be met. The Detailed Plan submitted shows a retail building with a gross floor area of 2,940 square feet. The building is one (1) story or fifteen (15) feet high. The proposed development requires DRC Findings/Recommendation Page 3 of 19 101 00118 00 M Case#: Z10-0006 fifteen (15) parking spaces, which are shown on the Detailed Plan. Four (4) fuel station pumps covered by a canopy are proposed as part of the Detailed Plan. The locations of the retention areas and major utilities have been reviewed by the DRC. The DRC has determined that the utilities are adequate for the proposed development. The Detailed Plan shows two (2) proposed access points onto the site. One of the proposed access points is a driveway onto Robinson Road, located to the north of the property. This access onto Robinson Road is not in compliance with Ordinance 2009-302, the approved Concept Plan for the 9.08 acre site. This ordinance states that the western-most access from Robinson Road shall be prohibited until the City Engineer verifies that the total traffic count for development on the property exceeds ten thousand (10,000) trips per day for the entire 9.08 acre site that is identified in the approved Concept Plan. The applicant has not submitted a traffic study for the proposed use; however, the estimated traffic count for the request does not meet the 10,000 vehicle trips per day threshold required for the use of the western most access driveway. The other access point is onto Teasley Lane, located to the west of the property The subject property is within a Neighborhood Center future land use designation per the Future Land Use Map of the Denton Plan. Per the Denton Plan, a "Neighborhood Center" might contain a convenience store, small restaurant, personal service shops, church or synagogue, daycare, individual office space, a small park and perhaps an elementary school vital to the day- to-day activity of the neighborhood. The proposed Detailed Plan is consistent with the Denton Plan. Per ordinance number 1999-367 which established the PD, there were two areas designated for commercial development (Tract 1 and 3). The intent of the commercial tracts is to develop it for uses essential to the day-to-day activities of residents such as retail, office, and other commercial center(s). Findings of Fact 1. This proposed Detailed Plan is to allow a 2,910 square foot gasoline station and convenience store. 2. The proposed site encompasses approximately 0.83 acres. The site is located irithin the Neighborhood Centers Future Land Use District. 3. On Mav 5, 1987, the City Council approved a Planned Development (PD 176, Wheeler Ridge) Concept Plait bvOrdinance number 99-367 on 168.57 acres on the subject site. 4. Oil December 1, 2009, Ordinance number 99-367 iras amended by Ordinance 11111?lber 2009-302. The purpose of the request was to amend the existing Concept Plan associated with the approximately 9.08 acre commercial site (Tract 1), and to approve a Detailed Plan oil approximately 4.0 acres irithin the amended Concept Plan for a storage linlt facility. 5. Per Ordinance number 99-367, uses permitted irithin the Commercial (C) zoning district are permitted on the subject property. 6 Per Section 35-77 of the City of Denton Zoning Ordinance, a gasoline station and convenience store are permitted by-right irithin the Colinverelal (C) zoning district. DRC Findings/Recommendation Page 4 of 19 101 00118 00 M Case#: Z10-0006 7. Per Ordinance number 99-367, parking for the use of the property shall be provided in accordance with Article VI, Section 35-301. Per Section 35-301, a minimum of six (6) parking spaces are required for this use. 8. Per Element 3 of the Denton Plan, Neighborhood Centers are oriented inwardly, focusing on the center of the neighborhood and containing facilities vital to the day-to- dav activity of the neighborhood A neighborhood center might contain a convenience store, small restaurant, personal service shops, church or synagogrue, davcare, individual office space, a small park and perhaps an elementary school. 9. Per Ordinance 99-367, PD-176 comprises of residential units and two tracts for commercial development. The intent of the commercial tract(s) (development) is to provide convenient goods and services vital day-to-day activities of the neighborhood 10. The subject site is not located within a Historic or Conservation district. 11. There are planned public improvements for potable water, sanitary sewer, or drainage facilities serving the subject site. Currently, the replacement of the Teaslev Lane water and server mains (along west side of property) are in the 2012 (design) and 2013 (construction) Capital Improvements Plans. 12. The property has frontage on Robinson Road to the north, Teaslev Lane to the west. According to the City of Denton's Road classification system, Robinson Road is classified as Secondary Major Arterial, Teaslev Lane is classified as a Primary Major Arterial. 13. The Detailed Plan submitted shows two proposed access points. One access point on Teaslev Lane and the other on Robinson Road 14. On December 1, 2009, the City Council approved a Concept Plan for 9.08 acres on the subject property. Per Ordinance No. 2009-302 approving the Concept plan, two driveway access points are allowed onto Robinson Road with a condition that the western-most access shall be prohibited until the City Engineer veriles that the total traffic count exceeds ten thousand (10, 000) trips per day for the development on the 9.08 acre site. 15. According to the site plan submitted, the applicant is proposing access onto the western- most access without providing the traffic count required to warrant such access. 16 The applicant has submitted an application to amend ordinance 2009-302 to remove the restriction of access onto Robinson Road The application is scheduled to be considered concurrently with this request. 17. The property will be served by the City of Denton water and server svstems. 18. The anticipated water demand is approximately -l gallons per minute (GPM) for the proposed 3,087 square feet buuilding associated with the use. 19. The anticipated sewer demand is approximately -l gallons per minute (GPM) for the proposed 3,087 square feet building associated with the use. 20. Anticipated transportation demand is approximately 2,500 trips per day. DRC Findings/Recommendation Page 5 of 19 101 olo2.ls:ooPM Case#: Z10-0006 21. According to the City of Denton Fire Department, this property is serviced by the City's Fire Station -6, located at 3232 Teasley lane. Planning and Zoning Commission (P&Z) Recommendation The Planning and Zoning Commission recommended APPROVAL of this request (5-0) at its meeting on August 25, 2010 subject to the following conditions: CONDITIONS OF APPROVAL: 1. All original conditions of approval and subsequent modifications associated with PD 176 shall remain valid, unless specified herein. [P&Z/Planning] 2. Uses within this development shall be limited to those permitted within the Commercial (C) zoning district approved within PD 176. [P&Z/Planning] 3. The proposed access onto Robinson Road shall be allowed contingent upon the approval of amendments to Ordinance 2009-303 to allow access onto the western-most access without providing the required traffic count of ten thousand (10,000) trips per day for the proposed uses within the 9.08 Concept Plan to the City Engineer. [P&Z/Planning] 4. The applicant shall submit a new site plan showing elimination of the proposed access, as currently shown on the Detailed Plan, onto Robinson Road to the Development Review Committee for review and approval if the request to amend Ordinance 2009-303 is denied by the City Council. [P&Z/Planning] 5. The western-most access on Robinson Road shall be granted with the installation of a traffic signal at the corner of Teasley Lane and Robinson Road. [P&Z] Development Review Committee Based on the information provided by the applicant and a recent site visit, the Development Review Committee finds that with the recommended conditions, the request IS CONSISTENT with the surrounding land uses and general character of the area, IS CONSISTENT with the Denton Plan, and IS CONSISTENT with the Denton Development Code. Based on the findings-of-fact, the Development Review Committee (DRC) recommends APPROVAL of Z10-0006 with conditions as stated below. GENERAL NOTES XOTE: Approval of this request shall not constitute a ivaiver or variance from any applicable development requirement unless specifically noted in the conditions of approval and consistent with the Denton Development Code. XOTE: All written comments made in the application and subsequent submissions of information made during the application review process, which are on file with the Cio) of Denton, shall be considered to be binding upon the applicant, provided such comments are not at variance with the Denton Plan, Denton Development Code or other development regulations in effect at the time of development. DRC Findings/Recommendation Page 6 of 19 101 00118OO M Case#: Z10-0006 Surrounding Zoning Designations and Current Land Use Activity: Northwest: North: Northeast: NR-4/CMG NR-2: NR-2 Single family homes, Hickon- Creek Commercial Development Single family homes, Lakewood Heights Estates West: East: NR-4 PD-176 Single family homes, Forest Single family homes, Wheeler Ridge Meadow Southwest: South: Southeast: NR-4 PD 176: PD-176 Single-family homes, Lexington Single-family homes, Wheeler Single-family homes, Wheeler Park Ridge Ridge Source: City ofDentor Geographical brforrrratioi Systerrr and site visit by City staff' Comprehensive Plan: A. Consistency with Goals, Objectives and Strategies: The property is within the Neighborhood Centers future land use category per the Future Land Use Map of the Denton Plan. Per Land Use Element of the Denton Plan, Neighborhood Centers should develop in conventional patterns or may be developed in a pattern of `Neighborhood Centers'. The Plan recommends Neighborhood Centers to be oriented inwardly, focusing on the center of the neighborhood and containing facilities vital to the day-to-day activity of the neighborhood. A neighborhood center might contain a convenience store, small restaurant, personal service shops, church or synagogue, daycare, individual office space, a small park and perhaps an elementary school Staff finds that the Detailed Plan as proposed is consistent with the Denton Plan. The subject property is surrounded by residential homes. The homes to the south and east were approved as part of PD-176. Per ordinance number 99-367, the intent of the subject site is to encourage and accommodate the development of office, retail, and commercial centers. B. Land Use Analysis: Per section 35-136 of the City of Denton Zoning Ordinance, planned development districts are intended to provide for the development of land as an integral unit for single or mixed use in accordance with a plan that may vary from the established regulations of other zoning districts. They are also meant to encourage flexible and creative planning to ensure the compatibility of land uses, to allow for the adjustment of changing demands to meet the current needs of the community. Staff finds the Detailed Plan as proposed is consistent with the intent of the planned development district. The gasoline station with a convenience store will serve the daily retail needs of the surrounding community. The proximity of the development will also help reduce the number of vehicle trip, made to purchase convenience goods on city roads due to the proximity of the use to residents. DRC Findings/Recommendation Page 7 of 19 101 Oio 118 00 M Case#: Z10-0006 C. Current Planned Development District Allocation Current Allocation in PD-176 Proposed Allocation 9,08 acres of commercial 0.83 acres of a gasoline development station Nearest Elementary, Middle, and High School The proposed non-residential development will not produce any elementary, middle or high school students and therefore will not impact the associated Independent School District. Nearest Fire and EMS Station Name of Station Approximate Distance From Subject Property Fire Station #6, 3232 Teaslev lane f1.3 miles Water and Wastewater Demand and Capacity: A. Estimated Demand and Service Provider: This development will be serviced by the City of Denton water and sewer service system. Subject Property Estimated Im pact Analysis 0.83 f acres Proposed Demand Adequate to Serve (Yes or No) Potable Water 4 GPM Yes Consumption (GPD) Wastewater 4 GPM Yes Generation (GPD) B. Available Capacity: A proposed 8 inch potable water main along Teasley Lane (along west side of property) will serve the subject site. Installation of this main will be Developer's responsibility. A proposed 8 inch gravity main along Teasley Lane and Robinson Road (along west and north sides of property) will serve the subject site. Installation of this main will be Developer's responsibility; however the off-site portion would be eligible for Pro Rata participation. Anticipated peak hour water demand is approximately 4 gallon per minute (GPM) and anticipated wastewater demand is approximately 4 GPM. C. CIP Planned Improvements: Currently, the replacement of the Teasley Lane water and sewer mains (along west side of property) are in the 2012 (design) and 2013 (constriction) Capital Improvements Plans. Roadways/Transportation Network: A. Estimated Demand: DRC Findings/Recommendation Page 8 of 19 10 1 00 2.18:00 PM Case#: ZIO-0006 Subject Property Estimated Im pact Analysis 0.83 ± acres Proposed Demand Adequate to Serve (Yes or No) Average Aimual less than 2,500 Yes Dai1v Trips (AADT) B. Available Capacity: The subject site has frontage on Teasley Lane (F.M. 2181) to the west and Robinson Road to the north. According to the City of Denton's road classification system, Robinson Road is classified as a Secondary Major Arterial, and Teasley Lane is classified as a Primary Major Arterial which requires 1315 feet of right-of-way. Anticipated transportation demand is less than 2,500 vehicle trips per day. Capacity is available on this roadway. Exactions such as right-of-way dedication, easement dedications, corner clip dedication, cost participation for signalization and possible street improvements will be required at the time development occurs. Additionally, pedestrian access in the form of a 5 foot sidewalk construction will be required along the site's frontage. C. Roadway Conditions: Teasley Lane and Robinson Road conditions are fair. D. CIP Planned Improvements: The City of Denton has no planned improvement for the transportation facilities serving the subject site. Environmental Conditions: There are no Environmentally Sensitive Areas on site. Wells (Public/Private): There are no known public or private potable water wells on site. Airports: The site is located outside of the Denton Municipal Airport's ACCLUD zones. Electric: Denton Municipal Electric (DME) will require the utility easements to be dedicated by separate easement to provide electric service to the site. Park Facilities: This proposed non-residential should have no impact on the City's park facilities. Comments from other Departments: N/A DRC Findings/Recommendation Page 9 of 19 101 00118 00 M Case#: ZIO-0006 Exhibit 1 - Site Location/Aerial Map s ELCR, ~ ~ • r O~ V~Nt - m _ Iw CC RYAN -'NORTH FORTY- 'HILLSIDE yO~ - - a y L - y z Y fi m X Q 7C Lij CJC U) _ - m G W to w m 1`u 5 `O o _ d I aetail Plan - - DEINSON - MIRANDA PLACE- - _ ~ • _ CLYDESDALE w a - a z z - t _ O O Al-TA=,VISTA ~HDALUSIAH 1 _ s ;SUTLER CREI-KDALE q 1 w 77 !PUBLIC ALLEY DEL MAR p " { p r - m - o wHEELEFZ RIDGE - BCL-7,_0NT PARK > BAREBACK - N n by D LONESOME TRA1L D tr r - 70 71 q DESERT'S - S DRC Findings/Recommendation Page 10 of 19 101 Oio 1 18OO M Case#: Z10-0006 Exhibit 2 - Zoning Map 5 ' EL~R ~ r i o~ ENE m NR-4 Y S G~ I1FI\,]U-12 RYAN NORTH FORTY o T% 0 'Z HILLSIDE y0 NR- w T w 1 lis m W rnn c) X LLJ ~ Lu c) (n m i ° w 0 ri-4 ' O WILDWOOD Detail Plan OBINSON MIRANDA'PLACE ETJ CLYDESDALE m m w z Concept a z LIPIZZAN o o Plan c m z U' NR-4 TA VISTA r- ANDALUSIAN (Y- A L A< ¢ O a BUTLER v m z CREEKDALE O O ? PG PUBLIC ALLEY ¢ s~C DEL MAR M D ON m PD ~ O WHEELER RIDGE 73 BELMONT PARK BAREBACK tJ R D W O D D LONESOME TRAIL o m ~0 M co ~O D PADDOCK n Z Po z s DESERT' q t NOWLIN Z HR-2 ~fJ DRC Findings/Recommendation Page 11 of 19 101 00118OO M Case#: Z10-0006 Exhibit 3 - Future Land Use Map 0 V` kk~v- m Y Existing Land Use o~ a RYAN NORTH FORTY < O U, y d HILLSIDE 0 o z w m O x -i w w m Lu w m o w U > Q O +u -a O Q 0 O WILDWOOD BINSON MIRANDA, PLACE---L1- `J6) ) Detail Plan - { MI ]T7[ G 1 w "~I' - l 4', ] U i LIPIZZAN -T..~ L -_i~ Concepts 1-¢ _ a 'o s 44 Plan I 2 f LZl w _ -ql O T I ANDALUSIAN - ALTA y ` 1 -V iSTA a'i 1 ~t1 y r 1 ( Q i - r 1~ I I1~ t i I ~ t i ALE L I-. BUTS R CREEKD , a f y LPDBLIC ALLEY ` D _ to !DtL MAR , j L E~l FtiD BELMOIT_P,AR _ ip BAREBACK i 1- V LONEBME T ~I ir 7 9 Ii r RAIL ~I I&- 1' O -1r ~ I ~ ~ ] PADDOCK ~hi - T7 !0 C) 1 DE- ERi I- 1- r r I iNOWUN ter G) DRC Findings/Recommendation Page 12 of 19 101 00118OO M Case#: Z10-0006 Exhibit 4 - Detailed Plan ~s x .U z w ~s 4 v N n LL yy~ 1 I i F Zy aI 1 Nuz V1'J)..3w< A3lSc'3.1 DRC Findings/Recommendation Page 13 of 19 101 Oio 1 18OO M Case#: Z10-0006 Exhibit 5 - Detailed Landscape Plan IiiM90N__Rapp - . I I ME TREE MAYBE L_ _ST ANT.n 'NITHI N.. 75 _ -I ICAD 41T, T LOAF - - E _1 ME I M/LARD ~ GE TREE r JRF ES OF TOTAL TREE F VI2ED) - JI -,I - - PERIMETER SCREENING 24" 17_C. MALL TREE II i I` POND BY OTHERS - 5 ® - - - iR..o aETENTGN I I ~ I ^^iii 16.61X4:.6 1 ❑ ❑ 1,OT 5 t 135,55243 SF i ® ±0.83 AC .i I I II HAG - Aim 37 _ - I4 - - ~EG LE IVIDTH E F tt,l DRC Findings/Recommendation Page 14 of 19 101 olo2:ls:ooPM Case#: Z10-0006 Exhibit 6 - Letter from Applicant F .r r ENGINEERS ■ SURVEYORS ■ PLANNERS t", 1 `j LANDSCAPE ARCHITECTS ■ ENVIRONMENTAL SCIENTISTS 4804 Sugar Grove Boulevard arm Suite 316 Stafford, TX 77477 281.494.0360 Pax 281.494,0309 March 8, 2010 Planning Department City of Denton 2.21 N. Elm Street Denton, TX 76201 Re: Letter of Intent - Detailed Development flan for 7-Eleven Convenience Store located at southeast corner of Teasley Ln, & Robinson Rd. (PAC 09-0103) Dear Sir/Madam: 7-Fsleven is proposing to develop a new 7-Eleven Convenience Store at the southeast corner of 'Teasley Lane & Robinson Road in Wheeler Ridge Cronunercial. The subject property is being called Lot 5 on the Wheeler Ridge Commercial Preliminary Plat. It's approximately 0.113 acres and predominantly a grassy area, The building will be constructed in a single phase which consists ofa 2,940 SF convenience store and a fuel station canopy with 4 dispensers and two underground storage tanks. It is our understanding the driveway entrance onto `Teasley Lane is being proposed and will be installed by the current owner. 7-Eleven is requesting city to grant an approval to install a driveway entrance onto Robinson Road along with a deceleration lane. A 24' public access and fire-lane is being proposed on the east side and south side of 7-Eleven to connect the two entrances. Water, wastewater and storm-sewer are being proposed and will be provide by the current owner to serve the 7-Eleven development. 20' detention easement is being proposed by the owner's engineer (Allison Engineering) to handle the storm-water from 7-Eleven development. One monument sign is being proposed on the northwest corner of the subject property, the allowed square footage for the monument sign is 60 SF per face. Enclosed are the Detailed Development plan application, 14 copies of Site Plan and Landscape Plan for your review. Respectfully submitted,. i° J%femy Le g W. Ye P.E. CIA I nginee ing As fciates Inc. Providing Consolidated Land Development Services CALIFORNIA M ARIZONA ■ TEXAS ■ ARKANSAS ■ MINNESOTA ■ GEORGIA ■ PENNSYLVANIA r FLORIDA DRC Findings/Recommendation Page 15 of 19 10 1 i~001 8 00 Pi i Case#: Z10-0006 Exhibit 7 - Notification Information Map q 500 il~ UBkA r O LLJ I ~ CD l w WI -L OOD- - - -ROBIN ON - - ~MIRA DA-PL E I) 1 I~ pED04 - SITE , I o III II II ALTA V ISTA - ---OREEN-IIEY ~ 200 ft ~ II ---PUBLIC-ALLY < 4 0 -KDAL€ f i b , RUBUG ALLEY- m AGE I ~ a I DE-L MAR r I II '.l r I I - I Legend Wheeler Ridge Commercial Development N Q SITE Streets Parcel! 500 Ft Z1 0_0006 W E S 200 Ft DRC Findings/Recommendation Page 16 of 19 101 00118 00 PM Case#: Z10-0006 Exhibit 8- Planning and Zoning Commission Meeting Minutes C. Hold a public bearing and consider making a recommendation to City Council regarding a Detailed Plan to allow a 35,953 square foot gasoline station on property located within the Wheeler Ridge Planned Developirient District (PD-176). The gasoline station is comprised of a 3,087 retail building, a fuel station with four dispensers, and two underground storage tanks. The subject site is located at the southeast corner of Teasley Lane (FM 2181) and Robinson Road. (Z10-0006, Wheeler Ridge 7-11 Convenience Store, Nana Appiah) Nana Appiah presented this item and he discussed the history of Planned Development District (PD-176, Wheeler Ridge) and the various amendments and conditions of approval. The applicant, 7-Eleven Convenience Store, is requesting to amend the Detail Plan to allow a convenience store with four (4) filel dispensers and two underground storage tanks. The Detail Plan shows the square footage, parking requirements, the elevation of the retail building, and the two proposed access points onto the site. Due to the conditions of approval of Ordinance 2009-302 condition number four that states, the western- most access from Robinson Road shall be prohibited until the City Engineer verifies that the total traffic count exceeds ten thousand (10,000) trips per day for the entire 9.08 acre site, the applicant will not be allowed the requested access point onto Robinson. The original Ordinance 1999-367 does allow for commercial development of this con-Irnercial tract. Notifications were sent out. Fifty-four (54) 200 feet (Legal Notices) and Ninety-eight (98) 500 feet (Courtesy Notices) Received four (4) responses in opposition. The Development Review Conni-nittee reconu-nends approval of this request with conditions. DRC Conditions: DRC Findings/Recommendation Page 17 of 19 101 00118 00 M Case#: Z10-0006 I . All original conditions o approval and subsequent modifications associated with PD- 176 shall remain valid, unless specified herein. 2. Uses within this development shall be limited to those permitted within the Commercial (C) zoning district approved within PD 176. 3. The proposed. access onto Robinson Road shall be allowed contingent upon the approval of arnendments to Ordinance 2009-303 to allow access onto the western-most access without providing the required traffic count of ten thousand (10,000) trips per day for the proposed uses within the 9.08 Concept Plan to the City Engineer. 4. The applicant shall submit a new site plan showing elimination of the proposed access, as currently shown on the Detail Plan, onto Robinson Road to the Development Review Committee for review and approval if the request to amend Ordinance 2009- 303 is denied. by the City Council. The applicant, James Massey, representing 7-Eleven Convenience Stores was present and spoke in favor. The public hearing was opened. at 8:10 p.m. The public hearing was closed at 8:.11 p.m. Mover: Commissioner Thom Reece motioned to approve based on the Concept Plan(PDA10- 0003) approval by the City Council, show the right in and right out island on the third entrance off Robinson Street and the driveway will not come before the 10,000 trips, or a signal light, and allow for corrections on the square footage of the building. Seconder: Commissioner Jean Schaake On roll call vote: Commissioner John Ryan "aye'", Commissioner Brian Bentley "aye'", Commissioner Thom Reece "aye", Commissioner Jean Schaake "aye", Chairman Walter Eagleton "aye", and Conunissioner Patrice Lyke "aye". Passed: 510 DRC Findings/Recommendation Page 18 of 19 101 Oio 118 00 M Case#: Z10-0006 salegahour documentslordinances1101wheeler ridge commercial pd amendment.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, SUPERSEDING AND REPLACING ORDINANCE 2009-302; AMENDING THE EXISTING CONCEPT PLAN FOR APPROXIMATELY 9.08 ACRES OF LAND WITHIN THE PLANNED DEVELOPMENT 176 (PD-176) ZONING DISTRICT, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF TEASLEY LANE (FM 2181) AND ROBINSON ROAD, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; AMENDING THE PREVIOUSLY APPROVED DETAILED PLAN ON APPROXIMATELY 4.05 ACRES, LOCATED WITHIN SAID CONCEPT PLAN AMENDMENT; APPROVING A NEW DETAILED PLAN FOR APPROXIMATELY 0.83 ACRES OF LAND LOCATED WITHIN SAID CONCEPT PLAN AMENDMENT; PROVIDING A SAVING CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. (Z10-0006 AND PDA10- 0004) WHEREAS, on December 1, 2009, Ordinance No. 99-302 the City Council approved a concept plan amendment for 9.08 acres of land within the Planned Development 176 (PD-176) zoning district, and approved a detailed plan for 4.05 acres of land therein; and WHEREAS, CEI Engineering Associates, Inc., has applied for a new detailed plan for 0.86 acres of land located within the 99-302 concept plan amendment area, but separate from the 4.05 acre detailed plan previously approved therein; and WHEREAS, on August 25, 2010 the Planning and Zoning Commission concluded a public hearing as required by law, and recommend approval of the new 0.83 acre detailed plan, with conditions necessitating the amendment of the conditions associated with Ordinance 99- 302, as applied to the 9.08 acre concept plan amendment and the 4.05 acre detailed plan amendment previously approved therein; and WHEREAS, the City Council finds that the requested 0.83 acre detailed plan, as well as the amendments to the previously approved 9.08 acre concept plan amendment and 4.05 acre detailed plan, are consistent with the previously approved Concept Plans for PD-170, PD-172 and PD-176, and are consistent with the Denton Plan and the Development Code; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON 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 2. Ordinance 2009-302 is hereby superseded and replaced in its entirety, and the concept plan amendment therein approved for 9.08 acres of land within Planned Development 176 (PD-176), legally described in Exhibit A, attached hereto and incorporated herein by reference (hereinafter, the "Concept Plan Amendment Property"), is hereby amended and superseded by the concept plan attached hereto and incorporated herein by reference as Exhibit B (hereinafter, the "Concept Plan Amendment"), subject to the following amended conditions: 1. The developer shall provide a 20-foot landscape buffer on the south and east side of the site as shown and attached in Exhibit C. 2. The access from Teasley Lane to the site is restricted to a right-in and right-out driveway. The developer shall be responsible for construction of a right turn lane per the City Engineer's standards. 3. The easternmost driveway from Robinson Road to the site shall be permitted upon platting and completion of a right turn lane on eastbound Robinson Road and a left turn lane on westbound Robinson Road into the driveway. 4. The westernmost access from Robinson Road shall be prohibited until a traffic signal is installed at the corner of Teasley Lane and Robinson Road, or until the City Engineer verifies that the total traffic count exceeds ten thousand (10,000) trips per day for the entire 9.08 acre site. 5. The developer shall provide a terminus at Lost Pony drive, with pedestrian and bicycle connectivity. 6. The southern and eastern rear walls of the self storage structures shall be constructed as per the elevations attached in Exhibit D. The main facility office shall be constructed as per the attached elevation in Exhibit E. SECTION 3. The detailed plan approved in Ordinance 2009-302, on property legally described in Exhibit F, attached hereto, and incorporated herein by reference (hereinafter, the "4.05 acre Detailed Plan Property") is hereby amended and superseded by the amended detailed plan, attached hereto and incorporated herein by reference as Exhibits B, C, D and E (hereinafter, collectively referred to as the "4.05 acre.Amended Detailed Plan" and is further subject to the six conditions imposed upon the Concept Plan Amendment, detailed above in Section 2 of this Ordinance. SECTION 4. The detailed plan proposed by the applicant, on 0.83 acres of land legally described in Exhibit G, attached hereto and incorporated herein by reference (hereinafter, the "0.83 acre Detailed Plan Property") is hereby approved as depicted in Exhibit H, attached hereto and incorporated herein by reference (hereinafter, the "0.83 acre Detailed Plan"), and is further subject to the following conditions: 1. All original conditions of approval and subsequent modifications associated with Planned Development 176 (PD-176), including the six conditions imposed upon the Concept Plan Amendment, detailed above in Section 2 of this Ordinance, shall remain valid unless specified otherwise herein. 2. Uses within this detailed plan shall be limited to those permitted within the Commercial (C) zoning district approved within Planned Development 176 (PD-176). SECTION 5. The provisions of this ordinance as they apply to the Detailed. Plan Property shall govern and control over any conflicting provisions of Ordinances 99-257, 99-367, 99-405, 2000-216 and 2003-062, but all the provisions of Ordinances 99-257, 99-367, 99-405, 2000-216 and 2003-062, as they apply to those remaining portions of the planned development 2 district not herein amended, shall continue in force and effect and shall apply to the remainder of said district. SECTION 6. A copy of this ordinance shall be attached to Ordinances 99-257, 99-367, 99-405, 2000-216, and 2003-062 showing the amendment herein approved. SECTION 7. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and.distinct offense. SECTION 8. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGES Y. 3 EXHIBIT "A" Wheeler ranch commercial block a lot 1 and lot 2, a 9.08 acre tract of land lying and being situated in the B. Merchant Survey, Abstract Number 800, City of Denton, Denton County, Texas, and being a part of a called 167.477 acre tract described in a deed to Wheeler Ranch, LTD., Recorded in volume 4288, page 1637, real property records, Denton County, Texas, and being more particularly described as follows: Beginning at a found 112 inch iron pin on the west line of said Wheeler Ranch tract on the east right- of-way line of Teasley Lane (F.M. 2181), at the western most northwest corner of wheeler ridge, phase three, an addition to the City of Denton, according to the plat thereof recorded in cabinet v, page 991, plat records, Denton County, Texas; Thence north 02 degrees 24 minutes 20 seconds west a distance of 620.88 feet to a 112 iron rod found for corner; Thence north 43 degrees 55 minutes 58 seconds west a distance of 56.61 feet to a 112 iron rod found for corner; Thence south 89 degrees 25 minutes 42 seconds east a distance of 573.33 feet to a 112 iron rod found for corner; Thence south 02 degrees 22 minutes 24 seconds east a distance of 630.23 feet to a 112 iron rod found for corner; Thence south 87 degrees 35 minutes 40 seconds west with a north line of said Wheeler Ranch Addition, a distance of 613.15 feet to the point-of-beginning, and containing 9.08 acres of land. Exhibit B :wm r-L ~a r & cf I'I R a 4 ` IT o log R p use ae~ 5e~ 1 s s Jill e 43 1R i a~ k~ I ~ I 1 t - - - - - - - - - - - - - { ~ w . ~ . rarar a'reus ~almine ,ce ~ { 1lJ08ll5 9Nlmlaa .OL a i E ore ! _ 1. - - ___-pox 1 tl~ r. - 4 3:~ d S V IkY ~7 gRa6~a 1 _ (a - i I ! -L 71 - _ _ _ ! ~ • - 7 w a.nw~M ~wkw ~ P AM W ' { b u s_ y 1 s z"~$„ 1e~ i x 1 fl l i W 1 r tl~~ '{Y. .0_•_0_•_x_°_o: oo ~ ~ w.l 1 I - I i~.aun o>Wne.P 'r, _'.a o-' a s ' ~ -.rum. ~mr. + + t } * + v + + fm rwA.9 aMUms nyuteeur+ _ - -+-'aH n'arsau w ! `saes Exhibit C ~q Rap ca g w' $ So, 4 V a yy~~y L ~ ~ 66 ~ 6~" ~ A F~="~ gN' 3 @ i S~ ? d La 5a&'~ 4 8s A o Y ~[z §ems # gx li x 9' E -4 11 ak a`a 5I ow gig r' k d] GwaeY izM Bme ~ ff,l I I @ sx; 5 !t ~ -elI I~ uN il^I ~ I ~a 3 I C W I _ I IE . s o'~ma zl , .,m mom. ~ , ! 1 - I ! _ riF l - - f k 1 g ~~~~pp 3qI - 1 E I I I C 888Y w~ 5 ~fx ~ 1 1 1 ~f 1 I I 13~~~~~~~ 15- be t 1 Ip 1 ~ 1 / as 0. c r I E I I A rr p, r } + + + + + + .yz ~ +}aM +ara ` 'M M-~--a--~rTN +ata+ + M+-~-T~M+ a'+ ++k. . w M,rJbt ]vlgpyn I r bN N3003N C _ . i Exhibit D PROPOSED ADVANTAGE STORAGE FACILITY F. M. 21$9 (TEASrLEY aRVE) DENTON, TEXAS ST iRAGE `rte Y J G Alf, Y_:-, EKWnsiw tandscapfng used around perimeter walls j t 4 K- Perimeter walls provide aesthetically ' pleasing, uninWmpted ecreen from adjacerA propertie& Exhibit E 32lftl:l~,tfH~2~at~i CR ~y t~,yJH3NYi42.if3At33~L1fh ~ / ao"OIS SO .L1, ~EKA CY Val 7~y{ 1:' A & r t q t 2A f k~ sl 777 h y " s IS, F~ i i I ~ I . a _.o f - E 111' _ n k W 111 ! i . i { i EXHIBIT "F" Wheeler Ridge Commercial Lot 1 Block a, a 4.05 acre tract of land lying and being situated in the B. Merchant Survey, Abstract number 800, City of Denton, Denton County, Texas, and being a part of a called 167.477 acre tract described in a deed to Wheeler Ranch, LTD., recorded in volume 4288, page 1637, real property records, Denton County, Texas, and being more particularly described as follows: Beginning at a found 112 inch iron rod on the west line of said Wheeler Ranch tract on the east right-of-way line of Teasley Lane (F.M. 2181), at the western most northwest corner of wheeler ridge, phase three, an addition to the City of Denton, according to the plat thereof recorded in cabinet v, page 991, plat records, Denton County, Texas Thence north 02 degrees 24 minutes 20 seconds west with the west line of said Wheeler Ranch tract on the east right-of-way line of Teasley lane (F.M. 2181), a distance of 70.00 feet to a 112 inch iron rod found for corner; Thence north 87 degrees 35 minutes 40 seconds east a distance of 271.15 feet to a 112 iron rod found for corner; Thence north 02 degrees 24 minutes 20 seconds west a distance of 380.00 feet to a 112 inch iron rod found for corner; Thence north 87 degrees 35 minutes 40 seconds east a distance of 350.26 feet to a found 112 inch iron rod in the west line of said wheeler ridge, phase three; Thence south 02 degrees 22 minutes 24 seconds east with a west line of said Wheeler Ridge Addition, a distance of 450.00 feet to a found 112 inch iron rod at an inner ell corner of said Wheeler Ridge Addition; Thence south 87 degrees 35 minutes 40 seconds west with a north line of said Wheeler Ridge Addition, a distance of 621.15 feet to the point-of-beginning, and containing 4.05 acres of land. Exhibit G (Legal Description) ALL OF THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE B. MERCHANT SURVEY, ABSTRACT NUMBER 800, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING A PART OF A CALLED 167.477 ACRE TRACT DESCRIBED IN A DEED TO WHEELER RANCH, LTD., RECORDED IN VOLUME 4288, PAGE 1637, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND 112 INCH IRON ROD AT THE INTERSECTION OF THE EAST RIGHT-OF- WAY LINE OF TEASLEY LANE (F.M. 2181) AND THE SOUTH RIGHT-OF-WAY LINE OF ROBINSON ROAD AT THE NORTHERN MOST NORTHWEST CORNER OF LOT 2, BLOCK A, WHEELER RIDGE COMMERCIAL CONVEYANCE PLAT; THENCE SOUTH 89 DEGREES 13 MINUTES 15 SECONDS EAST WITH THE SOUTH RIGHT-OF-WAY LINE OF ROBINSON ROAD, A DISTANCE OF 156.66 FEET TO A 112 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849" SET FOR CORNER ON THE SOUTH RIGHT- OF-WAY LINE OF ROBINSON ROAD; THENCE SOUTH 02 DEGREES 24 MINUTES 20 SECONDS EAST, A DISTANCE OF 190.00 FEET TO A 112 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849" SET FOR CORNER; THENCE NORTH 89 DEGREES 13 MINUTES 15 SECONDS WEST, A DISTANCE OF 193.00 FEET TO A 112 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849" SET ON THE EAST RIGHT-OF-WAY LINE OF TEASLEY LANE (F.M. 2181); THENCE NORTH 02 DEGREES 24 MINUTES 20 SECONDS WEST WITH THE EAST RIGHT-OF=WAY LINE OF TEASLEY LANE (F.M. 2181), A DISTANCE OF 153.52 FEET TO A 112 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849" SET FOR CORNER; THENCE NORTH 44 DEGREES 04 .MINUTES 21 SECONDS EAST, A DISTANCE OF 50.04 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL 0.825 ACRES OF LAND. Exhibit H Fp~ b a S ] .I !9 iii, 4z n 3 . ' YG I ai FeW . a _ - - x . ~ - 'I I 199.01 ~'°I ham. >n nz~. o g."~I I Ong ..7 Nm~H9y J - w~ 1,64 '[O A 2 H + N `c ~ff - OI ~p. 4 p'F- z cj LJ N' V ~ 2 i x ~Zcro~ woo I 0 a z z v :x° - I .lec~' o .n o s. o o A - ~0 Q a X09 9 0 ' ~ o T T T T o ~ _ ? _ _ _ _ _ Tbgs see el 5 2'24'200° E .11:1x, 31 aVINVA-JNVVd Z1VHd54 - - - b.^2iN 0314OZ o ~!d _ 39vd `X 13Ni8VJ, y ! 3SVHd / MOOV3W ZS380-4 AGENDA INFORMATION SHEET AGENDA DATE: October 5, 2010 DEPARTMENT: Planning and Development ACM: Fred Greene SUBJECT- SI10-0002, Ector Sheet Rezoning Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Neighborhood Residential 3 (NR-3) zoning district classification and use designation to a Neighborhood Residential 1 (NR-1) zoning district classification and use designation on approximately 4037 acres of land located on the west and east sides of Ector Street, between Emery Street to the north and Sena Street to the south; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, severability and an effective date. BACKGROUND This rezoning request, and the establishment of the Ector Street Neighborhood Association directly resulted from neighborhood opposition to a 2009 variance request (V09-0003, Revised Roberts Addition, Lot 6) and application to replat (FR08-0015, Revised Roberts Addition, Lot 6) a lot located at the northwest corner of Ector and Panhandle Streets; commonly known as 805 Ector Street. (See Exhibit 5 for location map for 2009 proposal). The initial variance request (V08-0046, Revised Roberts Addition, Lot 6) to allow two (2) driveways to the subject lot from Panhandle Street was presented to the Planning and Zoning Commission on February 18, 2009. Per the City's Mobility Plan, Panhandle Street is designated as a Residential Avenue Collector. Subchapter 35.20.4.17.2 of the Denton Development Code states that no single or two-family lot shall be designed such that there is no other means of access other than a collector. After hearing all testimonies and reviewing all documentation presented, the Planning and Zoning Commission voted (6-0) to deny the variance request. On May 6, 2009, staff presented a replat proposal and a second variance request to the Planning and Zoning Commission for the same property. In this request, the applicant proposed to subdivide via a residential replat, the 0.880 acre lot into three (3) lots in excess of 10,000 square feet each. Subsequently, two (2) additional single family residences would have been constricted. While the sizes of the proposed three (3) lots met the minimum requirements of the Denton Development Code (DDC), the lots would have been significantly smaller than the existing lots in the surrounding neighborhood. The second variance (V09-0003, Revised Roberts Addition-Lot 6) was to allow one (1) driveway along Panhandle Street (as opposed to two) with a common access easement to provide access to the proposed lots, if the replat was approved. The variance and replat were both denied by the Planning and Zoning Commission by a 6-0 vote (See Exhibit 10, P&Z Minutes). Area residents who testified at the public hearing indicated that the large, deep lots that are consistent along Ector Street provide open space and privacy for families as well as opportunities for leisure activities including gardening, tennis courts and volley ball. These characteristics DRC Findings/Recommendation Page 1 of 60 Case#:SI10-0002 define the community, and create a sense of place enjoyed by the community. Area residents also expressed that if the proposal were approved, the integrity of the neighborhood would be jeopardized and that a precedent would be set. Finally, area residents indicated that existing drainage issues would only escalate by adding additional homes and driveways to the neighborhood. Residents of the Ector Street Neighborhood presented a Citizen's Report to the City Council on June 2, 2009 petitioning the City to rezone Roberts Addition from NR-3 to NR-1 to allow an increase in the minimum lot size from 10,000 square feet to 32,000 square feet, which would have the effect of preventing the future subdivision of lots along Ector Street. As a result, residents of the neighborhood and City of Denton Planning staff conducted several land use analyses of the community. The result of the analysis is to downzone approximately 40 acres located on the east and west sides of Ector Street, between Emery Street and Sena Street; and including approximately 39 platted lots. (See Exhibit 1 for original boundaries submitted by the Ector Street Neighborhood Association). Staff sent one hundred twenty three (123) certified notices to property owners within 200 feet of the area proposed for rezoning and three hundred sixty eight (368) courtesy notices to residents within 500 feet of the site. As of this writing, staff has received three (3) notices (804 Ector Street, 921 Ector Street and 1228 Ector Street) in opposition to the request. The above three (3) properties are under the same ownership and represent less than 20% of the total land area. Staff received twenty (20) notices in favor of the request. PRIOR ACTION/REVIEW February 18, 2009 V08-0046 Variance to allow two (2) driveways onto a Residential Avenue Collector on 0.880 acres of land was denied by the Planning and Zoning Commission by a 6-0 vote. May 6, 2009 V09-0003 Variance to allow one (1) driveway onto a Residential Avenue Collector on 0.880 acres of land was denied by the Planning and Zoning Commission by a 6-0 vote. May 6, 2009 FR08-0015 Final Replat to allow the subdivision of a 0.880 acre lot into three (3) lots for the purpose of adding two (2) additional single family residences was denied by the Planning and Zoning Commission by a 6-0 vote. September 8, 2010 SI10-0002 A recommendation of approval was made by the Planning and Zoning Commission to City Council by a 7-0 vote. OPTIONS 1. Recommend approval as submitted. 2. Recommend approval subject to conditions. 3. Recommend denial. 4. Postpone consideration. 5. Table item. RECOMMENDATION The Planning and Zoning Commission recommends APPROVAL of SI10-0002. The Development Review Committee (DRC) recommends APPROVAL of SI10-0002. DRC Findings/Recommendation Page 2 of 60 Case#:SIIO-0002 EXHIBITS 1. Site Location/Aerial Map 2. Existing Zoning Map 3. Proposed Zoning Map 4. Future Land Use Map 5. 2009 Replat Location Map 6. Property Owner Information 7. Survey 8. Notification Map 9. Neighborhood Meeting Summary 10. Planning and Zoning Commission Minutes 11. Bonne Brae-Ector Street Small Area Plan Boundary Map 12. Property Owner Responses to Notification 13. Ordinance Prepared by: 44`ads Johnna M. Matthews Associate Planner Respectfully submitted: Marls A. Cunningham, AICP Planning and Development Director DRC Findings/Recommendation Page 3 of 60 Case#:SIIO-0002 CITY OF DENTON DEVELOPMENT REVIEW COMMITTEE STAFF REPORT P&Z Date: September 8, 2010 TYPE: City-Initiated Rezoning CC Date: October 5, 2010 PROJECT SI10-0002 Project Number: S1 10-0002, Ector Street Rezoning Request: Rezone approximately 4037 acres from a Neighborhood Residential 3 (NR-3) zoning district to a Neighborhood Residential 1 (NR-1) zoning district. Applicant: City of Denton 221 N. Elm Denton, TX 76201 Property Owner: Multiple Property Owners (See Exhibit 5) Location: The site is generally located between Emery Street and Sena Street, on the west and east sides of Ector Street. Size: 40 acres Existing Zoning Designation: Neighborhood Residential 3 (NR-3) Proposed Zoning Designation: Neighborhood Residential 1 (NR-1) Future Land Use: Existing Land Use/Infill Compatibility Case Planner: Johnna M. Matthews DRC Recommendation: The Development Review Committee (DRC) recommends APPROVAL of SI10-0002. Summary of Analysis The request is to down zone the approximately 40 acres from a Neighborhood Residential 3 (NR-3) zoning district to a Neighborhood Residential 1 (NR-1) zoning district. The American Planning Association (APA); the professional organization representing the field of City and Regional Planning in the United States, defines down zoning as "a change in a zoning classification of land to a classification permitting development that is less intensive or dense." Historically, communities have found that down zoning can be the single most important step they can take towards preserving and maintaining character of a neighborhood. Down zoning gives residents the confidence that the positive qualities of their neighborhood will not be diminished. The Ector Street Neighborhood Association has expressed that living on Ector Street "is like living in the country with the large amounts of trees and open space; while still living in the city." DRC Findings/Recommendation Page 4 of 60 Case#:SIIO-0002 The proposed down zoning from NR-3 to NR-1 will not require a comprehensive plan amendment. The underlying future land use designation for the area considered for down zoning is Existing Land Use/Infill Compatibility. Pursuant to the Denton Plan (Comprehensive Plan of the City of Denton), within established residential areas, new development should 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 service and commercial land uses is allowed. The aforementioned future land use designation is consistent with the character of the neighborhood, the existing zoning district as well as the proposed zoning district. No development is being proposed as properties are already platted and developed within the boundaries with single family detached dwellings and one single family attached dwelling; a duplex located at 809 Ector Street. Duplexes are not permitted in the existing zoning district of NR-3, nor are they permitted in the proposed zoning district of NR-1. Prior to 2002, the property was zoned Single Family 10 (SF-10) and duplexes were permitted with approval of a Specific Use Permit (SUP). However, the duplex was built in 1957, prior to the 1969 code. That said, the existing duplex is non-conforming and will remain as such. The average size lots along Ector Street and included within this proposal, exceed the minimum lot dimension requirements of the proposed NR-1 zoning district including minimum lot area of 32,000 square feet; minimum lot width of 80 feet; and minimum lot depth of 100 feet. The boundaries of the rezoning proposal follow the original 1941 plat for Roberts Addition with a couple of exceptions. Those properties between University Drive and Emery Street that are either currently zoned for commercial uses and/or are vacant were excluded from the proposed rezoning boundaries. These properties were not included in the rezoning proposal because no single family access is allowed off of a primary major arterial. University Drive is considered a primary major arterial. Primary major arterials serve as major routes into, out of, or across a City. These types of roadways typically have at least three (3) lanes plus a bicycle lane in each direction separated by a median, and are not safe for direct single family access due to high traffic volumes. The proposed zoning district of NR-1 is primarily a residential zoning district with limited allowances for other land uses, such as institutional uses. Rezoning the properties between University Drive and Emery Street to NR-1 would deem the properties along University nearly undevelopable, except for the limited institutional uses that are permitted with approval of a Specific Use Permit (SUP). It is staff s opinion that the existing zoning (NRMU) for the properties along University Drive is appropriate and could develop in the future to provide services to support the neighborhood such as a small office or retail sales. A neighborhood meeting was held on Monday, July 19, 2010. Approximately 25 residents were in attendance. At that meeting, the neighborhood was presented a second boundary proposal, (See Exhibit 9) which encompassed an additional 6 acres; Block 11, Lots 1-5, located south of Panhandle Street, north of Sena Street and west of Ector Street. Although these lots were also platted in the original Roberts Addition plat of 1941, these lots do not meet the minimum lot dimensions as set forth by the proposed zoning district of NR-1. However; using density calculations in lieu of minimum lot sizes, at one (1) dwelling unit per acre, these lots could have been included in the down zoning proposal to NR-1. The maximum density allowed in the proposed zoning district would have been 46 dwelling units based on 46 acres at 1 dwelling unit per acre. With approximately 44 dwelling units existing in the new boundary presented to the neighborhood, two (2) additional dwelling units could have been added within the boundary, DRC Findings/Recommendation Page 5 of 60 Case#:SIIO-0002 which defeats the neighborhood's goal of not allowing any of the lots to be subdivided in the future. The neighborhood chose to limit the rezoning to the boundaries initially submitted by the Ector Street Neighborhood Association. Findings of Fact 1. The proposal is to rezone approximately 40 acres of land from an NR-3 zoning district and use classification to an NR-1 zoning district and use classification to prevent the subdivision of these lots in the future.. 2. Prior to the city-iride rezoning in 2002, the area was zoned Single Family 10 (S'F- 10), as part of the 1969 zoning ordinance (Ordinance 69-1). 3. The lots located within the boundaries of this proposal were platted in the original Roberts Addition Plat of 19 1as Lots 1-18, Block 1; Lots 1-18, Block 2; Block 3 and Block 4. The original Roberts Addition plat received replat approval several times from 1948 to 2003. 4. The site is located within an Existing Land (Ae Infill Col lpatibilitV f2lture land use designation. Pursuant to the Denton Plan, within established residential areas, new development should respond to existing development with compatible land uses, patters 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 service and commercial land use is alloired 5. Within the boundaries of the rezoning proposal, properties are developed with single family homes and one duplex located at 809 Ector Street. Uses within a quarter mile radius of the site include residential, commercial and institutional uses. 6 The proposal is to downzone to NR-1; a more restrictive, less intense zoning district. There are no major differences in the uses permitted. In the `Residential Land Use Category', attached single family dwellings are not permitted in the proposed zoning district of NR-1, but are permitted in the existing zoning district of NR-3, with approval of a Specific Use Permit (SUP). In the `Commercial Land Use Category, ' equestrian facilities are permitted in the proposed zoning district of NR-1; however this use is not permitted in the existing zoning district of NR-3. In the `Industrial Land Use Category, ' kennels are not permitted in the existing zoning district of NR-3; however are permitted in the proposed zoning district with a limitation that reads, "5- acre minimum land area required and no more than 25 kennels per acre allowed, including indoor and outdoor runs. A natural buffer strip is required adjacent to any residential use. " Veterinary Clinics are not permitted in the existing zoning district; however, in the proposed zoning district, are permitted with a limitation, which reads, "uses are limited to no more than 10, 000 square feet of gross floor area. " The below table highlights the difference in uses between the two zoning districts: DRC Findings/Recommendation Page 6 of 60 Case#:SIIO-0002 Residential Land Uses NR-1 N R-3 ~ Proposed Existing Attached Single Family Dwellings N SUP Proposed NR-1 NR-3 Commercial Land Uses Equestrian Facilities SUP N Proposed NR-1 NR-3 Industrial Land Uses Kennels L(37) N Veterinary Clinics L(14) N 7. There are substantial differences as it relates to the general regulations between the existing zoning district and the proposed zoning district, in which the Ector Street Neighborhood Association are proposing. Specifically, the neighborhood's goal of not allowing the subdivision of lots in the fixture will be achieved by the increase in the minimum lot area from 10,000 square feet to 32,000. Any lot subdivided in the f tture would have to be a mininnim of 32, 000 square feet. The below table highlights the difference in the general regulations between the two zoning districts: General Regulations NR-1 N R-3 Proposed Existing Minimum lot area (square feet) 32,000 10,000 Minimum lot width 80 feet 60 feet Minimum lot depth 100 feet 80 feet Minimum front yard setback 20 feet 15 feet L(2) Minimum side yard 6 feet 6 feet Minimum side yard adjacent to a street 10 feet 10 feet Minimum rear yard 10 feet 10 feet The following limits apply to subdivisions of more than 2 acres in lieu of minimum lot size and dimension requirements. Maximum density, dwelling units per 1 3.5 acre Minimum side yard for non-attached 20 feet 6 feet buildings The following apply to all buildings Maximum lot coverage 30% 50% Minimum landscaped area 70% 55% Maximum building height 40 feet 40 feet 10 feet 10 feet Minimum yard when abutting a single plus 1 plus 1 family use or district foot for foot for each each DRC Findings/Recommendation Page 7 of 60 Case#:SIIO-0002 foot of foot of building building height height above above 20 feet 20 feet 8. The rezoning proposal stemmed from a 2009 variance (V09-0003) and replat (FR08-0015) application, in which the applicant proposed to subdivide the 0.880 acre lot into three (3) lots of over 10, 000 square feet each for the purpose of adding two (2) additional single family residences. The variance was to allow access onto a residential avenue collector. Both were denied by the Planning and Zoning Commission. 9. The City began a CIP project that addressed drainage and sewer improvements. Construction began April, 2010 and the work is scheduled to be completed October, 2010. 10. Per the Denton Plan, in 1998, 2,042.3 acres of land within the City was zoned SF- 10, which represented 6 7% of the land area within the City. Currently, there is approximately 628 acres of land within the city zoned NR-1 and approximately 3,887 acres of land zoned NR-3; which represents approximately 9% of the total land area within the city zoned NR-1 and approximately 15% of the total land area being zoned NR-3. 11. There is adequate water and sanitary sewer capacity. The existing demand for potable water consumption is approximately 23,010 GPD. This will not change, as no development is proposed within the boundaries of this request. 12. The existing wastewater generation is approximately 12, 800 GPD. This will not change, as no development is proposed within the boundaries of this request. 13. The streets, including Ector ,Street, Panhandle ,Street, Emerv Street are all adequate. Ector,Street is classified as a Residential Avenue Collector. Subchapter 35.20.2.A. defines this type of street as one that provides access to single family detached, attached, two family or multi- family c4elling units. No di°vewav access to single or s o-family cfij,ellings are permitted. 14. The Fire Station serving this location is Station -J, located at 2230 W. Windsor Drive and is approximately 1.5 miles from the center of the project area. 15. The Ector Street neighborhood is served by McKenna Park, located approximately 1,150 feet southwest, near Panhandle and Thomas Streets. North Lakes Park is approximately 2, 000 feet northwest on Bonnie Brae Street, north of University Drive. 16 The area considered for this rezoning request is also a part of a study being initiated by the City of Denton Neighborhood Planning Program (('DNPP). CDNPP has initiated the process of examining the challenges and uniqueness of the city's older neighborhoods. The first area to be examined is bounded by Emerv Street to the north, West Oak Street to the south, Bonnie Brae Street to the west and .Iagoe and Ector Streets to the east. The Bonnie Brae-Ector Street Small DRC Findings/Recommendation Page 8 of 60 Case#:SIIO-0002 Area Plan will consist of three (3) sections: Assessment of Existing Conditions, the Community's Role and Neighborhood Initiatives (See Exhibit 11 for boundaries of the Bonnie-Brae-Ector Street Small Area Plan proposal). The project is expected to be presented to the City Council August, 2011. 17. There are no environmentally sensitive areas located irithin the boundaries of the rezoning proposal. Development Review Committee The Development Review Committee finds that the request IS CONSISTENT with the general character of the area, IS CONSISTENT with the Denton Plan, and IS CONSISTENT with the Denton Development Code. Based on the findings-of-fact, the Development Review Committee (DRC) recommends APPROVAL of SI10-0002. GENERAL NOTES XOTE: Approval of this request shall not constitute a ii-aiver or variance from any applicable development requirement unless specifically noted in the conditions of approval and consistent with the Denton Development Code. XOTE: All written comments made in the application and subsequent submissions of information made during the application review process, which are on file with the Cio) ofDenton, shall be considered to be binding upon the applicant, provided such comments are not at variance with the Denton Plan, Denton Development (-'ode or other development regtdations in efjeet at the time of development. Surrounding Zoning Designations and Current Land Use Activity: Northwest: North: Northeast: Community Mixed Use -General Neighborhood Residential Mixed Community Mixed Use -General (CM-G) Use (NRM[J), Neighborhood (CM-G) and Neighborhood Residential Mixed Use 12 (NRMU- Residential 3 (NR-3) 12) and Neighborhood Residential 3 (NR-3) West: East: • so i t o' M Neighborhood Residential 3 (NR-3) Neighborhood Residential 3 (NR-3) Southwest: South: Southeast: Neighborhood Residential 3 (NR-3) Neighborhood Residential 3 (NR-3) Neighborhood Residential 3 (NR-3) Source: City of'Denton Geographical 11#6nnation System and site visit by City staff The area within '/4 mile radius of the site is comprised of approximately 375 acres. Uses within a '/4 mile radius of the site include a range of uses from each land use category of the Denton Development Code, with the exception of industrial uses. Specifically, within a '/4 mile radius, there are 677 lots for which single family residences are located; 4 lots which contain multi- family uses are located; 12 lots with duplex developments located on them; 46 lots for which commercial uses are located; 4 lots in which religious institutions are located; 3 agricultural lots, I school, I park and approximately 30 properties are undeveloped. DRC Findings/Recommendation Page 9 of 60 Case#:SIIO-0002 Comprehensive Plan: The proposed down zoning from NR-3 to NR-l will not require a comprehensive plan amendment. The underlying future land use designation for the area considered for down zoning is Existing Land Use/Infill Compatibility. Pursuant to the Denton Plan (Comprehensive Plan of the City of Denton), within established residential areas, new development should 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 service and commercial land uses is allowed. The aforementioned future land use designation is consistent with the existing zoning district as well as the proposed zoning district. No development is being proposed as properties are already developed within the boundaries with single family detached dwellings and one single family attached dwelling; a duplex located at 809 Ector Street. Zoning Allocation: Currently, there is approximately 3,887 acres of land within the city that is zoned NR-3 and 628 acres of land within the city zoned NR-1. The NR-3 land allocation will decrease to 3,847 acres and the NR-1 zoning land allocation will increase to approximately 668 acres. Zoning Allocation Zoning District Current Allocation Proposed Allocation NR-3 3,887 acres 3,847 acres (Existing) NR-I 628 acres 668 acres (Proposed) Nearest Elementary, Middle, and High School The down zoning proposal will not impact the schools, as no development is being proposed. Name of School Approximate Maximum Existing Capacity Project's Estimated Distance From Capacity Annual Student Subject Property Generation N. Rayzor 1/2 mile f 650 students 582 students N/A Elementary School Calhoun Middle 1 mile f 651students 1000 students N/A School Denton High 1 1/2 mile f 1748 students 2000 students N/A School Source: Denton brdepeirdeirtSchool Diste°ict Nearest Fire and EMS Station Name of Station Approximate Distance From Subject Property Fire/EMS Fire Station # 5 (2230 W. Windsor) 1.5 miles f Source: Cite ofDeritori GIS, Fire Dej?artmerit, alid EIAIS DRC Findings/Recommendation Page 10 of 60 Case#:SIIO-0002 Water and Wastewater Demand and Capacity: A. Estimated Demand: Subject Property Estimated Im pact Analysis 40 f acres Proposed Demand Adequate to Serve (Yes or No) Permitted Density 40 dwelling units at 1 dwelling Yes unit/acre Potable Water Consumption (GPD) 446 Yes Wastewater 40 Yes Generation (GPD) B. Available Capacity: There is adequate water and sanitary sewer to accommodate the down zoning request. The proposed rezoning to a lower intensity would result in no increase to water demands or wastewater discharges than had previously been planned for. C. CIP Planned Improvements: The city began constriction on the Ector Street Drainage and Sanitary Sewer Project began early April, 2010. The Ector Street Storm Drainage and Sanitary Sewer Improvements Project consists of installing 647 if of 18" RCP, 1094 if of 24" RCP, 535 if of 42" RCP, 1,561 if of 48" RCP, twenty (20) inlets, nine (9) junction boxes, and 2,188 linear feet of eight inch sanitary sewer pipe (8-in) as well as other miscellaneous bid items required to install a new storm drain and sanitary sewer system. The Limits of this project will be along Ector Street from US 380 / University Drive to North of Panhandle Road. The project is scheduled to be completed October, 2010. Roadways/Transportation Network: A. Estimated Demand: Subject Property Estimated Im pact Analysis 40 f acres Proposed Demand Adequate to Serve (Yes or No) 40 dwelling units at 1 dwelling Permitted Density unit/acre Average Amoral 400 Yes Daily Trips (AADT) PM Peak Hour Trips 40 Yes B. Available Capacity: Existing transportation infrastructure can accommodate the down zoning proposal. C. Roadway Conditions: Roadways are in fair condition. The roadways analyzed in this proposal are Ector Street, Emery Street, Panhandle Street and Sena Street. The proposed rezoning to a lower intensity would result in no increase to transportation infrastructure than had previously been planned for. DRC Findings/Recommendation Page 11 of 60 Case#:SI10-0002 D. CIP Planned Improvements: There are no transportation projects currently planned in this area. Environmental Conditions: No environmentally sensitive areas have been identified. Electric: The electrical provider in the area is Denton Municipal Electric (DME). Park Facilities: A. The Ector Street Neighborhood is being served by McKenna Park, located approximately 1,150 feet southwest, near Panhandle and Thomas Streets. North Lake Parks is also in close proximity; approximately 2,000 feet northwest on Bonnie Brae Street, north of University Drive. B. No new parks are being proposed for the area. DRC Findings/Recommendation Page 12 of 60 Case#:SIIO-0002 Exhibit 1 Site Location/Aerial Map 1 k -r- - 1f s 41_ ff -T Tl~ 01 jj- s~ ~I m Iq a LT; _ r w I i ~ [ I I = r ~ 1--- ;j f f f DRC Findings/Recommendation Page 13 of 60 Case#:SIIO-0002 Exhibit 2 Existing Zoning Map cF°i.,Hr,a;Y. NPI'l1J- .R MI LLLIL.I 11R1,11 -2 NR-,2 t,. R ` P -E! ,rri I r Y' - N 12 - I 1 I I u.a is ',jW 1_17 I I rJ~Yar I.1 ) i - t .INLIr`1 „I Cr I~~R.d~"LI ~ J ~ ~ I ,r, •r~ I fv: _ _ i I y •i I'i H I _ I t i 11 _ ~ ~ L I i IJFT--' i ~ ,.'.I H I Y• 'i - 1 _ EI El: n SA = =.E DRC Findings/Recommendation Page 14 of 60 Case#:SIIO-0002 Exhibit 3 Proposed Zoning Map RCC-D m- N~VERSff UhIWERS'd"fir" va NRMU WESTC~HESTER LL~ p ~`ORDELL w NR-1 CRESCENT 4 CRESCENT i w 0 yy~~ 1 u UNDEN LINDEN 4. SITE r~ PANHANDLE CROW ECAN LU ]ENA NRMU-12 cs SAC MPTU R E O' D c -G DR-2 DRC Findings/Recommendation Page 15 of 60 Case#:SIIO-0002 Exhibit 4 Future Land Use Map _ mU _i e~ e Center 1." on ~ty IV R rar; ~r-~r r~~ T - Ll I C JLIIITI~l stin _'r'' o Imo; . 1 ' 7H _IvLo~c Jam. LT I I, lI , ~y- I L ra F..-....-...-, DRC Findings/Recommendation Page 16 of 60 Case#:SIIO-0002 Exhibit 5 2009 Replat Location Map + # tTF: 4 ir7R ~~l ~t,~ •tai} n s ; ,IF { . r r 16. f I iir i. t . 6L- T7_ T L~fi~ JI! Q r I• 01 k N i y ti= I SUEJECT OF 2 1 9 REPLA.T ' _ fi' I ii t ijLL3 st • bf A.NC'trARtArJCE REOUEST r.Ti~:•,a11 I_ ' I~;.LlrfiiitI',~~I lL;_lk~ i f of - 1 ~ ~ f. ~ i b_~ ; T - I 1 ~ {ter W- 1 I ~ r ~ J I . w l I 11 ! f L u 1- + • f_ I } i i ~ .i I~!~.ii~H~ ~ ~~1` f ''~t.; i l i ~ ; ! ,II~ W* O*k ~rj Q --sr 3 zt DRC Findings/Recommendation Page 17 of 60 Case#:SIIO-0002 Exhibit 6 Property Owner Information Property U Owner Larne r:Irl,r_.s Acreage Lonnie Yarbrough _treet 15 ' Lee Kathleen Keitr _L - r :treat Michael J _.Ti 1 v,% - 1 r _treet 15 '1 Alex l ;ri7 AID : _I r 1? _ -:Dr _treet 0.7915 _=.35 Mai r k 'i- i .=:r treat 0,7915 _=1 r _treet ='15 _77 ffr P Sheryl Mulkey 121-11 i r _treet 1~ i= 1L,:, r treet 15 112- rtret .,-1` Ti r _treet 15 4 _ e~da 1-".ark 1 ?i :r treat ` Z. 112. -r treet .,-15 _4 Karen Cc mirk _:Dr _treet - 1 _ 71 55 Ja : E ~k,- 1i i2 r treet 0". ' S9 I.. a s 1101 E _,r `,treet 7! _41 Julia 1ames.on 11101-1 i _:r _treet r, 0, '13 Scott isa Sellers 1+?- Dr = treet 0 41 _4 PetFlr ~'r it 1 .,r _treet - vid & =ten, Huff 10 _L D r _treet 1 5 1nf Hager 122 street 0. -:57 _ . 1 i:1 E;,1 s,on 1E'- _.Dr _treet :ar 7 Billy 3n,dra Morris _Lj_ _:r _treet Sk:,e F. J 11 :=r treat E} 57 = Hea;trPr Graham 101- _:r _treet -:a fee Ie1-7 91 _ I., - J4 Stanl 4 Patricia Yeager 92 I __r - t 0,.7962 7 1 Chi i--i _ ':ngle 1- Ei I __r t 0.79:36 7 Cli~or- Punn qj-, - I _-r_ t 0.7962 7E aiicl _1 1 3 Su Husbands _t 0.79,62 JU® 9C,2 - I reet 0.7962 _ _i l::_.~ -tt= l Feet 0.7962 24 - - LC: 9'.r . _ I'eet 7962 lar,~` 1.:'1'x~ 0.7952 _ _ ? 1 M. Tr 0.T':a2 Rc: :1 0, ,1 k! at r t.- - 805 =r::-eet =15 75 DRC Findings/Recommendafion Page 18 of 60 Case#:SIIO-0002 R21916 Lee Keith 804 Eclor'Street R21925 Jere,, 728 Ect, r `..t, t 821912 J.L. Cl ftc:ri 720 Ect, i ,t rt 821914 .;r,-e F _ b: r _cn 716 Ect, i DRC Findings/Recommendation Page 19 of 60 Case#:SI10-0002 Exhibit 7 Survey r.lr..:r- I-.°:HVI I r: FI r.c „ aV., 4, I ,.:I In I. , Norm,: I.,1 I. f ...1. r:I r: r 1 :.I _.J' i::nat DRC Findings/Recommendation Page 20 of 60 Case#:SIIO-0002 Exhibit 8 Notification Map y - 0 Ft. E~.Ir. E UM R&7 Courtesy - L Notification Boundary 200 Ft. - Notificatian . ,T ,.T( E Y, Boundary 72 W_ j SITE r V ~ - I E_ _F ~i EL ~~R ET 's y -~A RL7']Fj $&gyg1 ~ [112, ECT^.F .i _ 1iiiE _ YSt gT J Y 51c ECT',}£ 3T~ 9.4 E'yl I y 1 -ion CR 04V EC A N 1 SE 140. C w j -T W y a FIP LSE Y r ~ry,FE ~ Ector Street Rezoning es c#ificaticn Bw{Ma Fa ue 00 -f. CAUrt Fl 5017 2517 0 500'F-I .l , DRC Findings/Recommendation Page 21 of 60 Case#:SIIO-0002 Exhibit 9 Neighborhood Meeting Summary Eetor Street Neighborhood Mect rtg n ) r~ T ~.-,d tl- -:itijl hlich'rs :I._-:hi (See 3 rr_ -lit--I t ii d r ire!, - : c11 . r Eh1 itG,.I 111 ii C~.t ti .-I i it itin:i -,t - Frt~:. a r Fl,- 1 1 w-ms presoa h&AoTica6 zonin :in .i rd the c IT Bg t t- -.trot r DRC Findings/Recommendation Page 22 of 60 Case#:SIIO-0002 Exhibit 10 Planning and Zoning (P&Z) Commission Minutes 45 47 1 CHAIRMAN WATKINS: Moving onto Item 4A. 1 onto Panhandle, as well as Ector„ 2 Variance from Subchapter 35.20.4.F,2 access to collector 2 These are some photos taken onsite, which 3 streets, Denton Development Code. It is V09-0003 3 was prior to the renovation of the exterior. This is 4 Revised Roberts Addition. 4 the east side of Ector Street looking west at the s I'm going to if it's all right with the s existing single-family home. This is the north side of 6 group, I'm going to bring Item 5A up at the same time. 6 Panhandle looking north at the site. South side of 7 We're going to be talking about the same thing. As a 7 Panhandle looking north at the site. This is where the a matter of fact, it'll take the votes from both to s actual driveway will be located. 9 resolve the situation. So if it's all right with the 9 Staff sent 14 legal notices to property to group, I'll bring up SA, also, which is a replat of Lot to owners within 200 feet of the site and 42 courtesy 11 6 into Lot 6R-1, -2, and -3, Block 9 of the Revised it notices to residents or property owners within 500 feet 12 Roberts Addition. Please, continue. 12 of the site. There's a 48 percent land area in 13 MS. MATTHEWS: Thank you, Mr. Chairman, 13 opposition to the request. That being said, a super 14 members of the Commission. 14 majority vote is going to be required tonight. is The request is twofold to subdivide an is Staff recommends approval of the variance 16 existing lot into three lots and to allow a common 16 request to allow a single driveway onto Panhandle Street 17 driveway onto Panhandle Street, which is a residential 17 if the replat is approved. If the replat is denied, 18 avenue collector street, to provide access to two of the 18 staff recommends denial of the variance and vice versa. 19 proposed tots. 19 CHAIRMAN WATKINS: Okay. 20 The Denton Development Code requires that 20 MS. MATTHEWS: I can answer any questions 21 no single or two-family lot be designed such that there 21 at this time. The applicant is also here. 22 is no other means of access other than a collector 22 CHAIRMAN' WATKINS: The applicant is here? 23 street. 23 MS. MATTHEWS. Yes. 24 And, as a quick reminder, the applicant 24 CHAIRMAN WATKINS: Any questions? Okay. 25 initiaily requested two driveways onto Panhandle via a 25 We'll open the public hearing and ask the applicant to 46 48 i variance, which you heard on February 18th and for which 1 come forward. 2 was denied, So now he is requesting one driveway. 2 MS. MATI'HHEWS: I'm sorry. You do have 3 The property is located at the northwest 3 e-mails from property owners or residents within 4 corner of Panhandle and Ector Streets, and includes 4 500 feet of the site. Their votes their opposition s approximately .880 acres of land, which equates to about 5 was not counted because they are not within 200 feet. 6 38,000 square feet. Currently, there is an existing 6 CHAIRMAN WATKINS: Thank you. 7 single-family home on the lot which fronts onto Ector 7 MR. YENSON: My name is Gerald Yenson. I'm a Street. a president of Landmark Surveyors, LLC, 4238 I-35 North. 9 The property is located within an NR-3 9 Representing the owner of the property in this. 10 Zoning District, as is the surrounding properties. Lo Contrary to popular opinion, I'm not ii The applicant is proposing, again, to 1i Daniel. This is not a lion's den. I'm looking around i2 subdivide the existing lot into three lots. The 12 and seeing quite a substantial change from the last time 13 proposed Lot 6R-1 will include approximately 16,000 13 we came before you. And I'm just here to underscore 14 square feet. And that is where the existing home is 14 to remind you that we are not seeking any kind of is located. The proposed Lot 6R-2 and 611-3 are in excess 15 variance for lot size or lot widths. I mean, what we're 16 of 10,000 square feet, which meet the minimum ib trying to do with these lots matches what the zoning 17 requirements of the NR-3 Zoning District. 17 calls for. to The variance request is to allow a common is The last time staff recommended a single 19 driveway centered between lots the proposed Lot 611-2 19 driveway for the western two lots. There's already an 20 and 6R-3 to provide access onto Panhandle Street. 20 existing driveway going onto panhandle for the house. 21 Again, the Code does allow single access to 21 At the time, we asked for two driveways. There was 22 single-family lots via an alley; however, due to an 22 quite a bit of discussion about it. A motion was put 23 existing structure, which is the garage, the applicant 23 forth to actually approve two driveways. But because of 24 is unable to construct the alley. So the alley will 24 a split vote, the motion was denied. And, as a result,. 2s have two access points, as shown here on the aerial, 25 we came away saying, well, staff recommended a single PLANNING AND ZONING COMMISSION MAY6,2009 Page 45 to 48 of 84 DRC Findings/Recommendation Page 23 of 60 Case#:SIIO-0002 49 51 1 driveway, but because the vote was for two driveways, we 1 a bit to that house. It looks nice. 2 came up with zero driveways. 2 MR. YENSON: Yeah. The renovations are 3 So we took that as a denial, and we're 3 taking place now. Yes. 4 starting over. And I just want to make it clear, we'd 4 CHAIRMAN WATKINS: Anyone else have any 5 be perfectly happy for a single driveway on that. 5 questions? 6 And I understand that people traditionally 6 MR. YENSON: Quite frankly, I wasn't even 7 get upset when more houses turn up in a residential 7 aware of that until I saw the pictures tonight Because e neighborhood that's well established. But I do just a when we surveyed it, none of that was happening. So 9 want to underscore, again and, in fact, you can see 9 this is new to me, too. io by the renovations that the person that I'm working for 10 CHAIRMAN WATKINS: Any other questions? ii is making an effort to make improvements on the house 11 All right. 12 that's there. Clean up the brushey lots. 12 MR YENSON: Thank you. 13 Those personally, I love the 13 CHAIRMAN WATKINS: Thank you very much. 14 neighborhood, I'd like to have a house in it myself 14 Okay. The top card I have and I do have is because of those nice deep lots. But when we survey 15 a number of cards is Lindsay Keffer. Would you come 16 those lots, very often we find the back half of those 16 forward, please? 17 are real thick In the brush. And that may be a plus to 17 MR. KEFFER: Thank you all. is everybody for privacy. But for street frontage, it will is Mr. Chairman, I am Lindsay Keffer. My address is 815 i9 clean up that brush area that was shown in the 19 Ector Street. And I am speaking for alf the attendees .20 photograph. 20 wearing the yellow ribbons signifying that we are 21 And, you know, we don't feel like this is a 23 opposed to the replat of Ector. Would all the Ector 22 negative improvement on the neighborhood. Like I say, 22 Street folks please stand? Just so you can see. Thank 23 we're not asking for any variance on lot sizes. They're 23 you. 24 in access of 10,000 square foot lots. And the eastern 24 CHAIRMAN WATKINS: All righty. 25 most is a 16,000 square foot lot, 29 MR. KEFiFER: My wife and I bought our lots s0 52 1 So I just to want present that to you. And 1 because Ector Street is an extra wide and one of a kind 2 I'm here to answer any questions if you have them. 2 and quite unique street in the City of Denton. Ector 3 CHAIRMAN WATKINS: Questions? I have one. 3 runs from the top of the hill on the south at Scripture 4 The house that occupies that tot 4 down to university Drive on the north and covers 5 MR. YENSON: Yes? s eight blocks including only 37 homes. Large deep lots, 6 CHAIRMAN WATKINS: was it built there or 6 three-quarter of an acre to two-acre with parkways 7 moved there? 7 providing off-street parking. a MR. YENSON: As far as I know, it's it's a Some residents have been there since '49. 9 been there a long time. I can't truthfully answer that. 9 Large lots provide privacy for families, as well as io But as far as I know, it's been there a long time. It 10 opportunities for leisure activities, such as gardening, ii wasn't, to my knowledge, just moved in now to be 11 tennis courts, volley ball, what have you. Some 12 renovated. It's always it's been a house. 12 residents have utilized them as that. But it does add 13 When we surveyed it, it was a house that 13 to the privacy for our families. 14 was not under renovation, So it appears that it's been 14 Our original deed restriction was one for is there for quite some time. Some of the neighbors may 15 a single-family house per lot; however, that expired i6 CHAIRMAN WATKINS: I go back 50 years to 16 abut five years ago. We still want to preserve the 17 that street. 17 integrity of the neighborhood. is MR. YENSON: Okay. is Our concerns are: One, building on the 19 CHAIRMAN WATKINS: And some of our 19 corner lot would increase the density and lessen our 20 neighboring towns I noticed in the Dallas News 20 privacy. Interior lots would have a house practically 21 wanted' to use 50 years as historical zoning. And that's 21 in their backyards. It would landlock the interior lots 22 the reason why I was asking about that that house. 22 from ever having access from the corner streets. 23 It you've done quite a bit to it. It looks nice. 23 It would cause more drainage problems all 24 MR. YENSON: Excuse me? 24 the way down the hill by adding cement and roofs that 25 CHAIRMAN WATKINS: I said you've done quite 2s would increase runoff. PLANNING AND ZONING COMMISSION MAY 6. 2009 Page 49 to 52 of 84 DRC Findings/Recommendation Page 24 of 60 Case#:SIIO-0002 53 55 1 Smaller houses would depreciate our 1 under the understanding that they had actually lived in 2 property since they would be the smallest lots from 2 that house prior to 1930. And that that was that the 3 Ector to Bonnie Brae and would most probably end up 3 whole street was their's originally, and that they 4 rental property. And it would increase traffic on 4 divided it up with the design the way it's designed. 5 Panhandle, 5 And I am in opposition of it, As the 6 We appeal to you to deny the request to 6 previous speaker brought up, I believe that even if the 7 replat 805 Ector. We thank you for your consideration. 7 lot was only divided in half, that would still be the 8 And are there any questions that any of you have for me? a smallest two lots between Ector and Bonnie Brae and 9 CHAIRMAN WATKINS: How long have you lived 9 Scripture and 380. That whole neighborhood. And Ector 1: there? io has the largest lots in that neighborhood. But all of 11 MR. KIEFFER: We have lived on Ector since 11 the adjacent streets to the west have large lots, also. 12 1970. 12 And dividing that even in half, let alone in three, 13 CHAIRMAN WATKINS: Okay, When you moved 13 would make that the smallest two lots in that whole 14 there in 1970, were there any vacant lots within 14 neighborhood. is two blocks? 15 CHAIRMAN WATKINS: Thank you so much. 16 MR. KEFFER: Yes. No. No. There were no 16 I have a card for Shauna Graham. Beth 17 vacant lots, to my knowledge. I was just thinking 17 Carter. Jerry Clark. Melinda Jobe. Oh, I thought i8 and the answer to the previous question about whether 18 Lindsay spoke for you. Come right ahead if you have a 19 that house was built there. The one under question. It 19 card here. 20 was moved in there by the late yeah. 20 MR. DRAKE: Mr. Chairman, somebody's asking 21 CHAIRMAN WATKINS: I didn't know whether 21 you to speak up when you call 22 Dr. Roberts moved it or not. 22 CHAIRMAN WATKINS: All right. I'll try to 23 MR. KEFFER: It was moved in what we call 23 do better then. Thank you. 24 rabbit country, Right. But there were no vacant lots, 24 MR. CLARK: I appreciate it. I'll try to 25 to my knowledge. 25 be very quick. 54 56 1 CHAIRMAN WATKINS: Any other questions? 1 I appreciate you combining the two items 2 All right. 2 because there, obviously, is no reason to have a 3 MR. KEFFER: Thank you. 3 driveway there unless you do subdivide it. So we 4 CHAIRMAN WATKINS: You were speaking for 4 appreciate you doing that. 5 MR, KEFFER: Yes. I was speaking for 5 One of the major issues is the Denton Plan 6 CHAIRMAN WATKINS: for the group? 6 was created to look at issues in a macro approach and 7 MR. KEFFER: the opposition to the 7 not a micro approach, which is lot by lot. So I hope 8 replat. 8 you will consider that. 9 CHAIRMAN WATKINS: Thank you very much. 9 This is a 50-year-old neighborhood. Plus, 10 MR. KEFFER: Thank you very much. 10 iYs as old as I am. I've been a resident about seven 11 CHAIRMAN WATKINS: Margarete Neale card. 11 years. And we really love It there. 12 Gary Beyea. Jerry Davis. 12 It's a very green area. And I don't know 13 MR. DAVIS: I'm Jerry Davis. I live at 728 13 if you all would allow me to pass this around, but there 14 Ector, which is just catty cornered to the southeast 14 are actually lots of nice open spaces. It isn't just is across the intersection of Ector and Panhandle from this 15 filled with trees and brush. There is lots of open 16 lot. 16 spaces. If you already know that, there's no point in 17 I don't know where the house was moved in, 17 passing this around, That's up to you. 18 When we moved into Ector in '88, we just moved two 18 CHAIRMAN WATKINS: I think we do. 19 blocks over from Panhandle, and had lived in the 19 MR. CLARK: Okay. Very good. 20 neighborhood since'74. 20 But on our lot, the only concrete we have 21 Mrs. Roberts, who Ector Roberts, her 21 is a very small, narrow sidewalk coming up to our front 22 husband, who the street was actually named after him. 22 door. We have no other concrete. We use a gravel 23 I was under the understanding that they owned most of 23 drive. And so a lot of people in this neighborhood do 24 that property. And that he, more or less, subdivided it 24 approach it in more of a green, natural way. And so 25 up his self and sold off all those lots. And I was 25 we're not filling these lots with concrete. We do all PLANNING AND ZONING COMMISSION MAY B, 2009 Page 53 to 56 of 84 DRC Findings/Recommendafion Page 25 of 60 Case#:SIIO-0002 57 59 i sorts of things. Gardening, wild flowers. I raise 1 MS. HAREN: And it will lower my property 2 grapes on my lot. I'm getting started on that. We do 2 value. I've got a house full of college kids next to 3 horseshoes, 3 me, I don't want a backyard full of college kids. And 4 And there are I actually had, last 4 that's what I'm real worried might happen. s summer, the sewer come blowing out of my cleanouts up by s is there anything y'all want to know? I've 6 my house. And, basically, what that tells you and, 6 been there for 52 years. I can tell you just about 7 partially, it could have been due to a clog. But we're 7 anything you want to know. a down in the lower fiat area. I'm at 1121, which is s CHAIRMAN WATKINS: It looks like you did a 9 between Cordell and Crescent on the west side. It tells 9 good job_ 1o you that there isn't a lot of excess capacity there if a to MS. HAREN: Okay. 11 clog can blow that out, my cleanouts. it CHAIRMAN WATKINS: Thank you, Karen 12 And as, I think, you're all aware of the 12 McCormick. 13 drainage project that we've been promised, but we don't 13 MS. MCCORMICK: Hi. I just want to add, 14 have yet, And there was a lot of people that got 14 I'm one of the people that got flooded. And if I can is flooded a year, plus, ago. And I don't know if some got 15 CHAIRMAN WATKINS: Name and address. 16 it this last weekend. But there are some significant 16 MS. MCCORMICK. Oh, I'm sorry. Karen 11 drainage problems here, And that`s really all I have 17 McCormick. I'm at 1111 Ector. is down. is CHAIRMAN WATKINS: Thank you. 14 CHAIRMAN WATKINS: Thank you so much. 19 MS. MCCORMICK: I was here in 2007 before 20 MR. CLARK: Thank you for your time. 20 the Council to talk about the promised drainages that we 21 CHAIRMAN WATKINS: I have a card for 21 had issues with. And they voted at that time to go 22 Melinda Jobe. Sammie Haren. 22 ahead and spend $900,000 to do that once Rayzor Ranch 23 MS. HAREN: Hi. I live at 804 Hillcrest. 23 came in. I got flooded twice that year just like y'all 24 My backyard backs up to this house. 24 got flooded here. And it's one of those situations 25 CHAIRMAN WATKINS: And your name? 25 we're nervous about. 58 60 1 MS, HAREN: Sammie Haren. I If you do do this, the infrastructure's not 2 CHAIRMAN WATKINS: Sammie Haren. Okay. 2 there. Just like Mr. Clark Jerry said, It's not 3 MS. HAREN: First of all, this property, an 3 there to support this. And these homes have been that 4 underground spring runs through it. Six months out of 4 way I've lived on this street for 15 years. I S the year the water comes up to your knee back there. I 5 actually lived at 915 Ector. I loved the street so 6 don't know how they're going to build there. 6 much, plus the lots and the large lots. 7 I've been there. My grandparents build it 7 When we started having children, we needed s in 1954. I've been there most of 52 years. And it's a to expand our house. So we moved up to 1111 Ector and 9 Lot 1. 9 stayed on the street because we love the neighborhood. 10 The house that's there now was moved in to We love the large lots. We love what it has. 11 from the historical district. It was over there by the it We're already upset about Rayzor Ranch. We 12 Evers' house. The people that built the neighborhood, 12 know that's coming. And we know it's going to cause 13 that was their original farmhouse. 13 drainage problems. But it's one of those situations 14 And we've always been told that one lot was 14 we're living with. Don't mess with our street, though, is protected in the City Charter because they wanted to 15 please. Okay. Thank you. 16 make sure that this didn't happen. That if somebody i6 CHAIRMAN WATKINS: Thank you, Catherine 17 comes in and builds in the backyards, the City has to 17 Dawson. 1s come through and then put in alleyways so everybody has is MS. DAWSON: Good evening. I'm Catherine 19 the opportunity to do that. I don't want that to to Dawson. I live at 1015 Ector. And I simply want to 20 happen. 20 reiterate what the others have said. They've done it 21 This they tried to do this in '81, I 21 quite well. I wanted to add one thing. 22 believe, the Yost did. And it got shot down real quick 22 We live next to a corner lot. Not this 23 because it's supposedly covered in the City Charter. I 23 one, but another corner lot. And I'm concerned that if 24 don't know, but that's what I've always been told. 24 one person does this, it will just open the door for 25 CHAIRMAN WATKINS: Okay. 25 every other corner lot to have this happen. What will PLANNING AND ZONING COMdMISMON MAY 6.2009 Page 57 to 64 of $4 DRC Findings/Recommendation Page 26 of 60 Case#:SIIO-0002 61 63 1 we be looking at out our back window when we have two 1 The other speakers have expressed very well 2 houses? We'll be looking at their back doors or inside 2 points that I'd just like to state I'm also in 3 their house. And that is our concern of besides all 3 opposition because of the various reasons that they've 4 the others that have been brought up. 4 stated. 5 We have lived there since 1959. That makes 5 I think I'd' just like to mention one thing 6 50 years. And we want it to stay the integrity of 6 that we all agree that this would not be an 7 our neighborhood to remain as it is. Thank you. 7 improvement to the neighborhood, but quite the contrary. 8 CHAIRMAN WATKINS: Thank you. Glen Taylor. a And I would guess that the person who's 9 MR. TAYLOR. I'm Glen Taylor. I live at 9 wants to do this is not as concerned about the 10 732 illcrest, which is the southeast confer of the 10 neighborhood since they don't live there or plan to live ii intersection of Panhandle and Hillcrest. And so I would 11 there, but probably more concerned about just a business 12 be looking at this development, should it took place. 12 opportunity.. 13 I think all of the points that have been 13 So I encourage you to take the wishes of 14 made have been very eloquently made. And I can't add a 14 the Ector Street community into your consideration. is whole lot except that I would like to say that if this i5 CHAIRMAN WATKINS: All right. Thank you 16 precedent is set in that fairly short block, it's 16 very much. 17 conceivable, if you follow the precedent on the lot that 17 I have other letters. Huff. Sandra 18 backs up to this one, that you could wind up with five 18 Lawson. ]erry Clark. Okay. Mary Haggard. Marsha 19 or six houses in that area and that short block would be 19 Keffer. Catherine Dawson. We had a card for her. Bill 20 high density housing. And that's certainly contrary to 20 Morris. Stan and Patricia Yager. 21 the general character of the neighborhood. It would 2i Is there anyone else that would like to 22 simply destroy the sense of spaciousness that we have, 22 speak for or against this item? Please come forward. 23 which I think is important. 23 Name and address, please. 24 I think a lot of people moved into that 24 MS. GRAHAM: Yes. My name is Shauna 25 neighborhood in order to have the large lots. A comment 25 Graham. I live at 811 Hillcrest, which is one street 62 64 1 was made about the large lot being covered' with brush. 1 over from Ector. 2 That's true of the lot that is they're trying to 2 I'm in opposition of this. One thing that 3 replat. And it's true of one or two others in the 3 I just wanted to bring to your attention Is that there 4 neighborhood. But the vast majority of houses have 4 are not only do we have alder families in the 5 landscaped yards, which are quite large and are used for 5 neighborhood, but there are many families with young 6 all sorts of recreational purposes. 6 children. So my concern is about the integrity of the 7 So I think the precedence is what really is 7 neighborhood and the drainage issues. a concerning me more than anything else. Thank you. s But, also, about the increase in traffic, 9 CHAIRMAN WATKINS: Did your personal 9 and the effect that that has on the walkers in our 10 question. Did your father build a house across the 10 neighborhood, the people with that walk their dogs, 11 street to the south? It the joggers in our neighborhood, and those of us with 12 MR. TAYLOR: Yes. Yes. The house 12 young children and, you know, middle school children, as 13 immediately to the south on Ector Street at 723. He 13 well. I have significant concerns about that. 14 built his house across the Ector Street frontage of two 14 We already have we have a park one block 15 lots. And he built that house in 1951. And I built my 15 to the west, McKenna Park. So we have some volume of 16 current home in 1559. 16 people coming through. But we have many, many children 17 CHAIRMAN WATKINS. Thank you so much. 17 in the neighborhood. And I have great concerns about 1a MR. TAYLOR: Incidentally, the owner of is the increase in traffic. Thank you. 19 that house at 723, they're here in the audience if you 19 CHAIRMAN WATKINS.- Thank you so much. 20 care to visit with them. Thank you. 20 Anyone else that would like to speak for or 21 CHAIRMAN WATKINS: Thank you very much. 21 against this item, please, come forward. 22 George Copp. Marc Mitchell. 22 MR. BEYEA: My name is Gary Beyea, 723 23 MR. MITCHELL: I'm Mark Mitchell. I live 23 Ector. We live directly across from the property where 24 at 1215 Ector, which is a couple of blocks north of the 24 this proposal is in question. 25 lot we're discussing. 25 And I'd like to support the fact that it PLANNING AND ZONING COMMISSION MAY 6, 2000 Page 61 to 64 of 84 DRC Findings/Recommendation Page 27 of 60 Case#:SIIO-0002 65 67 1 would ruin the integrity of the neighborhood. All the 1 been here a long time. 2 homes in this subdivision are custom homes. And it's my 2 And Ector Street a lot of my friends 3 feeling that we're going to stick two track homes in a 3 grew up on that street. And it was always a real nice 4 backyard. And I just think it would ruin the whole 4 neighborhood to look at and see these beautiful homes s integrity of the subdivision. And we just don't want to s and these gorgeous lots. 6 look at that. 6 Well, opportunity knocked, and I bought my 7 CHAIRMAN WATKINS: Okay. Thank you. 7 house. And I have a wonderful garden, a wonderful shop. a MR. BEYEA: Thank you. s I've stayed within my deed restrictions and kept the 9 CHAIRMAN WATKINS: Watch your step. 9 house and made lmprovements. And it would be an awful to MS. NEALE: My name is Margarete Neale. 1o shame to see someone come in and to ruin a large lot s1 And I live at 731 Hillcrest. I'm really close to the 11 with an old house on it. It's been refurbished. It's 12 house in question. 12 nice looking now. So it's definitely an improvement. 13 And one of the things I just wanted to 13 But there are people out there that are 14 reemphasis is the fact that this is truly, the person 14 still looking for large lots. So if this guy wants to 1s that came in and purchased this home, it was a flip. 1s flip it or whatever, just be a little more patient. 16 It's purely for economic gain to come in, make your 1s Someone will come along and want that large lot, not a 17 money, and jump out. And so if you do, indeed, pass 17 couple of little rent houses in the back. Thank y'all. 1s this, it really is for the benefit of an economic 1s CHAIRMAN WATKINS: Thank you, Bill. 19 benefit of one individual and for the detriment of an 19 Anyone else that wishes to speak for or 20 entire neighborhood. I mean, I'm on Hillcrest. You 20 against this Item? 21 heard others from other streets. It's not just Ector. 21 MS. SRDI: My name is Revathi Sriji. I 22 And one thing that I have noticed lately 22 live on 803 Hillcrest Street just one street next to 23 that the City has changed I've lived here since 1987 23 this house, which they are asking about that, 24 is that you really have been supporting the history 24 And all of them say they live there for so 25 of Denton. And I used to live on Oak Street. And that 2s many years and everything. We just got moved in two 66 68 1 just on the half of Oak that wasn't historic. And 1 years back because of that big lots and very nice 2 that just got passed into being a historic neighborhood. 2 neighborhood, very greenery neighborhood, So just I 3 We're very close to that. We have homes that are just 3 wish we can keep that neighborhood and that greenery 4 as old as the houses that are on that street. 4 with the big lot. 5 And I really think that, in the long run, 5 And, also, it is the initiation for 6 it's very important to preserve the feeling of the City. 6 everybody to do that. I, also, have half an acre. So 7 We're not Frisco. We are not Plano. There's a 7 why can't I do that? So I don't want to do that because s difference. And if you erase all that and like the s I want to save that. Thank you. 9 gentleman that just spoke before me and you just 9 CHAIRMAN WATKINS: Thank you. 10 stick track houses in, this guy's just going to sell 10 All right. Anyone else for or against this 11 those lots. So he's not going to have any control over 11 item? 12 what's going to come in. And it's going to be a 12 Close the public hearing. Ask the 13 developer. It's going to be somebody else who's in it 13 developer to rebuttal. 14 for an economic gain. 14 MR. YENSON: Well, first, I'd like to say is So I really hope that you value the history is that I can appreciate the united neighborhood. And I 16 of Denton over, you know, just the economic gain. Thank 16 appreciate the concerns that people do have. 17 you. 17 I would like to think that regardless of to CHAIRMAN WATKINS: Thank you so much. i8 everything that's been said, that same unified 19 Anyone else that wishes to speak for or 19 neighborhood should, by some miracle, this plat be 20 against this item? Anyone else? 20 approved, that they would welcome new neighbors. 21 MR. CARTER: Good evening. 21 I would like to point out that one comment 22 CHAIRMAN WATKINS: Hi, Bill. 22 was made about these are going to be vacant lots. To my 23 MR. CARTER: I'm Bill Carter. I live at 23 knowledge, the person that I'm working for is a builder 24 730 Tomas. I've lived there 16 years. We moved here in 24 and intends to build those houses, not sell them as 25 1456. Over on Idiots' Hill we built a house. And we've 23 vacant lots. PLANNING AND ZONING COMMISSION MAY 6, 2009 Page 65 to 68 of 84 DRC Findings/Recommendation Page 28 of 60 Case#:SIIO-0002 69 71 1 Also, a comment was made that it's surely 1 with the situation. And that's the explanation. 2 for economic development. Well, even historically the 2 CHAIRMAN WATKINS: Weil, thank you for 3 entire subdivision was put if it's 50 years or 3 clarifying. 4 60 years ago, was built for somebody's economic 4 Discussion? Close the public hearing. 5 development. Unfortunately, that's just a fact of life s Yes, ma'am? 6 and that happens. And It's progress. 6 COMMISSIONER SCHAAKE: A question 7 Something that I'd like to point out. The 7 statement has been raised about the zoning that is 8 aerial there indicates that they're one of our issues 8 currently for this division. 9 is the fact that Code doesn't allow a driveway onto a 9 The developer the applicant has noted 10 collector street. Now, granted, these have been here a 10 that the request meets the zoning. Would someone from 11 long time, probably long before that was ever designated 11 the staff comment about the zoning of this area? Are 12 as a collector street. But there is a driveway across 12 all of the houses in this area under this zoning? 13 the street from where we want to put our two lots. 13 MS. MATTHEWS: The zoning in the area is 14 And if you look at it, the there is two 14 NR-3. And I believe what the applicant meant by at 15 lots across the street that are take up about the is least the zoning is at least the minimum requirements of 16 same length of a lot as the single lot we've had. So 16 that zoning district relating to lot area, lot depth. 17 somewhere along the Ilne, somebody has already set a 17 The minimum lot width is 10,000 square feet. Each of 18 precedent and put some houses along here other than just 18 the proposed lots will be in excess of 10,000 square 19 those deep 400-foot lots. 19 feet. The lot depth is 100 feet. And lot width is 80 20 I would also like to point out it had 20 feet. 21 staff informed me that we had this kind of an 21 So it does meet the requirements of that 22 opposition, I would have like to have taken an aerial or 22 particular zoning district. 23 gone out and taken a poll and looked up and down the 23 COMMISSIONER SCHAAKE: The existing large 24 street. I have an aerial in my file that wasn't really 24 lots, though, are much larger than the 10,000, right? 25 planned for this meeting, But I can see at least one 25 MS. MATTHEWS: Yes. That's just the 70 72 1 driveway farther on the next block to the west that also 1 minimum. 2 comes onto this street. And it appears there may be 2 COMMISSIONER SCHAAKE: So is that the 3 just within a two-block period maybe at least 3 typical zoning that you put on that size lot? 4 two cases where there are lots that are smaller than 4 CHAIRMAN WATKINS: 2002 when the whole City 5 that deep 400-foot lot. s was rezoned 6 So, I don't know that we're setting a 6 MS. MATTHEWS: Right.. 7 complete precedent here. And, having said that, in 7 CHAIRMAN WATKINS: that was the zoning a spite of everything, I'm sure there's absolutely nothing 8 that they used indiscriminantly. 9 I could say that put the good residents' minds at ease. 9 MS. MATTHEWS: An ideal zoning would 10 But I do appeal to you to consider that it does meet the 10 could be NR-2, even possibly NR-1, on that street. 11 zoning. And, you know, we just want to make our appeal 11 COMMISSIONER SCHAAKE,. Well, it was just 12 to you to give it a fair and careful consideration. 12 interesting to know what might have happened that, you 13 Thank you. 13 know, helped precipitate even the request, I guess. 14 CHAIRMAN WATKINS: Thank you. 14 Because it's difficult when you and maybe it was just is Discussion? 15 thinking that this lot would never be would come into 16 MR. DAVIS: May I speak? I'd like to rebut 16 question. And so we have NR-3. But it would have been 17 something. The house that has the driveway that comes 17 better to have a more appropriate zoning classification 18 onto Manhandle still is on property, which is part of is for the existing lots. 19 the 723 Ector Street property. There are two lots 19 COMMISSIONER LYKE: Until 2002, Iohnna, 20 there. That house was built as a guesthouse. And it's 20 what had this been zoned? 21 still owned by the people who own 723 Ector Street. 21 MS. MATTHEWS: It was zoned SF-10, 22 So that Is not creating a precedent of 22 Single-Family 10. 23 other property. It's still on there. As a matter of 23 COMMISSIONER LYKE: Uh-huh. 24 fact, I lived there. I was the guest for a year or two 24 MS. MATTHEWS. Arai the minimum lot area was L25_ while my house was being built. So I'm well-acquainted 25 also 10,000 square fleet minimum.. PLANNING AND ZONING COMMIMON MAY 6, 2009 Page 69 to 72 of 84 DRC Findings/Recommendation Page 29 of 60 Case#:SIIO-0002 73 75 1 COMMISSIONER LYK£: Okay. So, essentially, 1 acre. The middle section is three acres, And then the 2 this neighborhood was protected from this kind of 2 one on the corner is also a .98 acres. So that one 3 development. And the deed restrictions also helped to 3 block and Panhandle around Ector 4 protect the neighborhood until they expired? 4 COMMISSIONER SCHAAKE: Oh, yeah. 5 MS. MATTHEWS: Well, there were deed 5 MS. JOBE: that's the only difference. 6 restrictions. Unfortunately, we do not enforce deed 6 And Roberts and Ector were made up of three-acre lat. 7 restrictions. 7 They built that house sometime in the'40s right after I 8 COMMISSIONER LYKE; Right. a was bom. 9 CHAIRMAN WATKINS; Well, the problem, as I 9 COMMISSIONER SCHAAKE: Interesting. 10 see it this is a neighborhood that the Denton 10 CHAIRMAN WATKINS: Discussion? Any Other 11 Development Code talks about. There are no vacant lots. 11 question? Motion? 12 I read: As a result of their request to subdivide 12 MR. DRAKE: lust for the benefit of the 13 existing lot, the applicant is proposing one new common 13 panel here, because it is protested by more than 20 14 driveway. The applicant is wishing to add to the 14 percent of the people or by people owning more than 15 neighborhood. The neighborhood's been there for Is 20 percent of the area surrounding within 200 foot of 16 50 years. 16 the parcel, it will require a three-quarter vote of 17 COMMISSIONER SCHAAKE: Yes. 17 those members who are present tonight as a little bit 18 CHAIRMAN WATKINS: You go further west and is different standard from that that applies to a zoning 19 you come to Ranch Estates. Large lots there. Wasn't 19 super majority. 20 inside the City limits. It was so that they could have 20 A zoning super majority is the 20 percent 21 their horses. You go north to the Vera Addition, those 21 rule triggers a vote of three-quarters of the people who 22 are large lots. 21 are qualified to vote. Whether they're present or not 23 But my question would be and I really 23 doesn't matter. Unless they're disqualified from voting 24 have trouble with it if you do that to this comer 24 on the matter, 25 lot, you have no argument to doing it to all the corner 25 This particular section under 212.015C 74 76 i lots in that neighborhood. And I can't I'm sorry, I 1 provides three-quarters of the members present. By my 2 can't go along with that because the neighborhood is 2 calculation, the only way to get three-quarters of the 3 established. Yes, there's vacant property there. But 3 members present there being six members here is to 4 it all has a house. it all meets the zoning. 4 have five votes. So it would take five votes to approve 5 I've said enough. s this replat and variance tonight. 6 COMMISSIONER SCHAAKE: Is the public 6 CHAIRMAN WATKINS: Do you want us to vote 7 hearing open 7 on the variance first? 8 CHAIRMAN WATKINS: Yes, Oh, yes. a MR. DRAKE; You know, to tell you the 9 COMMISSIONER SCHAAKE: for questions? 9 truth, I think it makes sense to vote on them together. 10 CHAIRMAN WATKINS: Yes, ma'am? 10 I can't conceive of any way in which you could split 11 COMMISSIONER SCHAAKE: Can I ask one other 11 your votes and have it work out. You're either in favor 12 question? 12 of both of them or you're opposed to both of them. No 13 CHAIRMAN WATKINS: Sure. 13 other solution makes since in this context. 14 COMMISSIONER SCHAAKE: Just looking at the 14 And given that the statute is fairly clear is diagram that I have, it looks like the houses that 15 in considering them together, the section says if the 16 they face Ector Street, and they face Hillcrest. But 16 proposed replat requires a variance and is protested, 17 they're not the same size lot. It wasn't divided 17 the two go together hand-in-glove in this consideration is evenly, was it? 28 under the statute. 19 CHAIRMAN WATKINS: He only developed Ector. 19 CHAIRMAN WATKINS: Okay. Yes? 20 COMMISSIONER SCHAAKE: Ector? Okay. So 20 COMMISSIONER RYAN: I have a question for 21 but all the lots along Ector are the same size? 21 legal. If the motion is made to deny, how would that 22 CHAIRMAN WATKINS: Well, six lots 22 affect the vote --motion? 23 MS. JOBE: There is an exception up there 23 MR. DRAKE: The statute says it must be the 24 on the hill. You see where it says site? The first one 24 affirmative vote of at least three-fourths of the 25 there on the west north comer there is .98 of an 25 members present. So in order for it to be the PLANNING AND ZONING COMMISSION MAY 6, Zoos Page 73 to 76 of 84 DRC Findings/Recommendation Page 30 of 60 Case#:SIIO-0002 77 79 1 affirmative vote, it would have to be a vote a motion 1 2 in favor. 2 3 COMMISSIONER RYAN': Okay. So we would have 3 4 to make the motion in favor of 4 5 MR. DRAKE: No. You could make a motion to 5 6 deny. It's just that in order for it to pass. If the 6 7 matter passes, it must be on an affirmative vote. You 7 a could make a motion to deny. If the motion to deny a 9 carries, then €t carries. 9 10 CHAIRMAN WATKINS: It's mighty quiet. 10 11 MR. DRAKE: Yeah. You do not need a super 11 12 majority to deny. 12 13 COMMISSIONER KING: I'm not the world's 13 14 most worried about curb cuts. But considering the 14 15 intent and I think there are a lot of curb cuts on 15 16 Panhandle. And considering the Intent, I would move to 16 17 deny the request. I would make a motion to move to deny 17 is the request. is 19 COMMISSIONER LYKE: I would second'. 19 20 CHAIRMAN WATKINS: I have a motion and a 20 21 second to deny the variance and the replat. Please vote 21 22 on the board. I mean to vote for, then I vote yes? 22 23 MR. DRAKE: Yes means denied. 23 24 CHAIRMAN WIATKINS* Okay. That's six to 24 25 zero in favor of denial. 25 78 80 1 Thank you very much. Please, we're not 1 2 allowed to demonstrate. But thank you all for coming. 2 3 we do appreciate It. 3 4 (A break was taken from 7:38 p.m. to 4 5 7:41 p.m.) 5 6 6 7 7 a a 9 9 SD 10 11 11 12 1.2 13 13 14 14 is 15 16 16 17 17 1S 1a 19 19 20 20 21 21 22 22 23 23 24 24 25 25 PLANNING AND ZONING COMMISSION MAYO, 2008 Page 77 to 80 of 84 DRC Findings/Recommendation Page 31 of 60 Case#:SIIO-0002 MINUTES PLANNING AND ZONING COMMISSION September 8, 2010 B. Hold a public hearing and consider making a recommendation to the City Council regarding the rezoning of approximately 4037 acres of land from a Neighborhood Residential 3 (NR-3) zoning district to a Neighborhood Residential 1 (NR-1) zoning district. The approximately 4037 acres of land is located on the west and east sides of Ector Street, between Emery Street to the north and Sena Street to the south. (SI10-0001, Ector Street Rezoning, Johnna Matthews) Matthews presented this item. This is a staff initiated request to re-zone approximately 4037 acres of land from Neighborhood Residential 3 (NR-3) to Neighborhood Residential 1 (NR-1) zoning district and use classification. This is a down zoning request that is defined as a change in a zoning classification to a classification permitting development that is less intensive or less dense. The area is located west and east sides of Ector Street between Emery Street to the north and Sena Street to the south. Matthews provided some background on previous cases that have come before this Commission for this area. Those cases included requests for additional driveways. All of those requests were denied due to neighborhood opposition. A citizen's report was heard by City Council on June 2, 2009 from the Ector Street Neighborhood Association to request that the area be re-zoned. Matthews showed site photos to indicate the large size of the lots and highlighted the differences in the NR-3 and NR-1 zoning district and use classification. The future land use of this area is for existing land use and infill compatibility so no amendment to the Comprehensive Plan would be required. Staff sent 200 notices to property owners within 200 feet of the subject area and 368 courtesy notices to property owners within 500 feet of the subject area. There were 15 notices received in favor of the request, zero neutral responses and 3 in opposition. The three notices in opposition were from one property owner who owns three properties in the subject area. Staff recommends approval of this request. Eagleton opened the public hearing. Lee Keith Keith did not provide his address. He stated he owns three properties on Ector Street, valued at approximately $500,000. Keith stated he said he would go along with the re-zoning if the deed restrictions allowing a second family house to be allowed on the property were kept in place. Keith continued that all three of his lots are corner lots and are amendable to allow a second house on the property that belongs to the same family. Keith stated that he has lived there since 1960 and has fought to keep deed restrictions in place and keep Ector Street a nice place to live. Keith requested that the zoning request be amended to allow each lot to have an additional house for family use or to remove his lots, 804 Ector Street, 921 Ector Street and 1228 Ector Street from the zoning change request. No others came forward to speak in opposition. Eagleton opened the comments to those in favor of the request. Jerry Clark 1121 Ector Street DRC Findings/Recommendation Page 32 of 60 Case#:SIIO-0002 Clark introduced himself as the Vice President of the Ector Street Neighborhood Association. The Association was formed in response to requests for allowing variances to allow more than once house per lot. Clark noted concern that with the close proximity to the University of North Texas the area could easily see a rental house located on every lot. Clark referred to deed restrictions that Keith noted earlier that have expired that would have allowed a "mother-in-law house". Clark stated the Association has spent time in the streets with the neighbors, met with City staff and the neighborhood's City Council member. If someone would like to change the neighborhood the Association would request that change the neighborhood as a whole at the same time. Clark continued that the Association members are not investors, they live there. The Association wants to protect the neighborhood as it is. Bentley stated he wanted to clarify that once upon a time there was a deed restriction that allowed a "mother-in-law" house that expired at some point. Clark said that is correct, it expired sometime during the 1980's. Bentley questioned if Clark's point was that no one exercised that right in that time period it should not be extended. Clark stated that deed restrictions are allowed to expire unless the neighborhood gets together with legal council to extend those restrictions, which can be cost prohibitive. Clark continued that in meetings with the whole neighborhood that is not something they want. Marsha Keffer 815 Ector Street Keffer stated she would like to re-iterate what Mr. Clark said and would encourage approval of this request. Cunningham stated that the deed restriction is a civil issue, however, information for Mr. Keith that the proposed zoning allows for guest quarters. Guest quarters are defined as "An attached or detached building that provides living quarters for guests, servants, or a related family member, which is considered an accessory use, and which is clearly subordinate and incidental to the principal residence on the same lot; and is not rented or leased." Eagleton closed the public hearing. Commissioner Schaake motioned, Commissioner Lyke seconded to approve this re-zoning request. On roll call vote: On roll call vote: Commissioner Jay Thomas "aye", Commissioner Jean Schaake "aye", Chairman Walter Eagleton "aye", Commissioner Thom Reece "aye", Commissioner Brian Bentley "aye", and Commissioner Patrice Lyke "aye", Commissioner John Ryan "aye". Motion carries (7-0). DRC Findings/Recommendation Page 33 of 60 Case#:SIIO-0002 Exhibit 11 Bonnie Brae-Ector Street Small Area Plan Boundaries Al! T ~TTT:~ F ~ rL_N TT ~ -~T ~ I I -I I ,W I T - TT l I: _I FF 11TTI =T IT IT ~ l-T - T I: Ii _ T T T iIT-7 ' T -F -!1- _7~ - I _ ITTT. T 4 1 T~ T IT JILL (I i ni s T r~ 72 a, 4T Legend - Banarp &raelEetorhea Bonnie B ae/Ector +rs,, + E O Parcels Small Area Plan T Al, e~ Streets - - ° R DRC Findings/Recommendation Page 34 of 60 Case#:SIIO-0002 Exhibit 12 Responses from 200-ft Notification NOTICE F PUBLIC HEARING silo-0002 T7frinniri ,r l Zo 7 rl f ~C11i ni; is of thly I ;it'y Ci" C!erltm ' II hod o pL din F e .-I. -,r! iL:cI [Il±] t me-1[lr 111', n pF , nl~",~•r~'ai9i.Jn k ii~y ri~:I ~lr~rr.ln.i kfie IE~ Iinl RI IT Ir Ir7'ri i+ C~1.r. ::.,r 'i'UaI 41 Ill I'__ll il`h'i"II f!, Ila r'k', is 1. I`~F ?rl;'I rh t;t rl 't .l rh'1 1`{; - I _ i _itlroll f' It 1 J. rarlci Lli,,Iricl : use [.I rL :Il l:ir1. T[ Ii °,r•. fl be re .l ed h, 1.--a-.E~.l ,1 tIle ite:;I. dIid e r I ~It~~ Lr E1:`.'_1r rrl,:1 k rk; f lll.'r, 1 r;ri tcJ 911,ii nr;,rill arc r 'irr lit tl nl `;ol ikh This I itili M 610 p.m. III r,lu:r city 001inf.J1 I-;.k +rrl'I ::Jr Cit ! I I ~k at Iv1'h°.I IIC'f ~tl "t L1k=IItC:rl, le tc~ rl?-. 1. tF Jrlrl! yl ±rl;i r1l,.. i,li rL +--.t i i l'!; r rte, ~:1 !.,c d ~r~,,i 111[ Ifr2.'= j a -7 7Hp.. '.i thri 17 ifr7 i!r n2.- ~rf~~t~ ~rlr.,,l". f.._. Irl FJL r rl',: ~ LJr i::,I71 f'ICrI Y:1 Lr' I-LikL'r'. I.filu 1 i.eIrit relun, tni,. '<,rriII' -ith, ,.i rrYrrYri":h I)noq t f'c c Me isi T I`I_bli: 91(-,F4riFIq, is"14 n r;;; il! 117 f!,. 1:!. 7i }I rl r'r.' i rl:'. LI 1. il'S' rk t. t tr, t~la nl.I rY'r JLi9 tt..] t1'UCt C'rTl 1-11 r..:2tf♦ r'', trs th:l „durr. y h d;"I';+,r _ fIJ It I'It" I'- punning arlcd Dravelupment C)epartrnent 2121 N. EIrn ST Denton, Tfxr 762p 1 Attn: JohirinLi tvlatthtw.rs. Project M nafrer These forms ire Used to calculate the percentage of landowners that support and oppose the ri gwst. I hil C,,7nllllF~7i- [r`ro-[-I)i . i7t r- L,f Iy [j rlf FcsI! i 1r4:` f 5[1Fipoll and :ir Jllll i$ik I In, tavor of reC'1 a .t 9eutrall i I;. ;,°_t oPPo d r., A Re,isons torOppo: ltloti, p A x r i=- QIt/, `t its. 'I J l _ - a r,, } TrIt J u I'v Ti:] r. d r -y may, , t ='Ir', Prf~paerty G4It I C e.0 r, p (J CITE OF DENTON, TEXAS CITYli ILVVEST + l t]:1_;'t'~, ~r • {F+ Norokep DRC Findings/Recommendation Page 35 of 60 Case#:SIIO-0002 NOTICE OF PUBLIC HEARING S1110-0002 The P•anr r q and Zrrning ConzrniSsirm of tho Gly or []Briton wA Eok,! a public lie irinq [-i U~e~irie~ctay, ;'~eptom"r 8, 2010 ria con-alder ri)akinrq a ro+x)mrncnda!i0n to City Co,tr',c~l Fcl3rdirnq thiu rezoning of apPT-Coxi,rT?gtr!ty 40.3( avroz5 ref and frorTV a Noighb-arhond Rf slderrliAl 3 th~fi ) inn;rig Uil~tric and usea clsssrrinatlors t❑ a hteighborhmd R*?qld rival I (NR-1 ) 7enlrr[q ul f trmt jr-d use C~~ 41{I &11Gn. [tie riraa to Inc aled un th R'.vest +arid east I t: of Ectur 5tr€rat, betiveur, Fmery S"rr:py1 vi thr, nnorth tie rL~zorteti is and Semi Stfe.of to th U E:()uth, T'tip pubiic himiaig will ,tart rat p,,W p.m. In the City ounpl Chamtsera of City Hall Iodated at 245 F_ firr:Kinney 5trcot, Dcmlon, Texas. Rpcau,so you G-wo pmp"srty w4hin t6vo bbn#roq' (200) feet ref the object pmtwrly, fho Pi'onning Ind ZorjYng Corrmis,Slcm 6vnodd litre to hFaAr how you fael about th!'s request and norvs yor,r in Ah rid the pub,',,C hearirq Pioa9e, in order for yow uplnion trr bo token Irttg accourt, return th;;R farm with your corr"ents phor to the date o! the, pubk hearing. (This 1r7 no away prohibirs you fro,,n ationding arrd parti(;;porrrig in the Pr?h.flr: ha?ring ) You inay tat It to the number _ ,,.,:,locatedat tta"ottom or rtaiLit _t}r. a~i clctiv cir drng it 2ff Ln_p~etspri: pfnnaing and Dovetopment Department. 221 N_ Elm ST Denton, Texa& 7621DI Attn: ,lohnroi Matthews, Prnjoct Manaftar 11bese fprmq are insect to calculate the peFOontage of landownem that support and oppose the request- The ComrFilsslon is Inforawad of the percent Of responses to auppo t and in oPP001011. Please circle one; ,,,ir rdwor of rer;uest 4 N utral to r u C ptaa ed to r truest Reasons for Oppar;ition. ~;t}rt,itll,~: [ t-~bw•~ ~ 'r' ~ 7 L;.~tc-'tc.-~. - Printed 10ine, o, ;i~tl ;sailing Addres3: _ l C ty, State ZIP, _ cFl .f Toclophooe Nurrlbrr t,4 c• - ;t' 7 i ' _ dd Pl JPhysll.rat ProPurty+,b'Ithin 200 fees: l l t` y~. J CITY t DEN lit, TOM oryHALt,4';~~w = nF*NTON,TEx.A'^ ,TAM1 . JR4G.tiAco8S$t . (F)!940-149 707 - WIl DRC Findings/Recommendation Page 36 of 60 Case#:SIIO-0002 NOTICE PUBLIC R S1104)002 Ihia Planni;rg and 7unlrry Cuinmissien of the r.''ity uF 0orklan 4ui„I fi&d a publ c hRaring Dn Wednessl 3Y, Sra,tembpr 9, 2010 to wnsk'cr making a rsas:Ivn r ordation to City Council regardirty tho rozor3lnq or apprnxI rlaita.y •10,37 acres of land frorrn a Ncighbarh r?^r! Rwa idFmtial 3 {NR 3) zop .-lg +"flstrlct and ra,e classrf,uotion to a Nuig10rrho d Rest tent,al I (NH-1 ~ 7r,ning Cllr"rlet -)rid us#° rla-"ifl ,;~!ion_ 1'he ama to hie FeZOPF'd ih IQGa',ed an !T'e 'Npst ar!.d east 5i les of Fr..tor SvEet, betatreen Fmp, y $!rkset to the rlerth arrd Sena 'fit: tef to the sbtuh_ T'9ie ptitatlc rirarlar,q vJ!:~ tail of 6:30 p,ra. Fr thj City oncfl Ctiamh r, of City Halt f=ialod at 215 F, McKinney StrcFA,, Dzmton, Texo:3. ;J¢rr91)n you akvrx proporty v;r hin NVO hunlrod 1no) frog ref WL 'Tub'ect prrperiy, the Pfor+r),ing gnrl 7 nJ.gg Cummf.:5`iUrr woo.1d ke to ~ipar hoof; yoj Jt3NJ about th 4 request U pd rrrvrl~ti y"nu to attend the pub is lrearrrt,,Cr, Pleagfl, in order for yojr opinjon to hp taken into accokint, return Phis form with your CUPTIMU !tS prior to then date of thu Fl,thc Mcorirq. jhr,y la oo woo q, u>hrh;ts y tr frOm arter?r rr~q sncf pzjrf(cipmhrTq iq tiro public httwiog.) YQu play fax it la t15P numbat loc-iter3 at the bottom or mail it to the adiress belcv x nr drop it oft ln.-Pa~Csan; Planning and DevElopment DePeFArTWO 221 N. Elm S7 Denton, Texa% 76201 Attu; Johnna Mrttlhewsa, Projert Manager i These farms are used to calculate the percentage of landowners that support and oppose the mglaost. II o Lormis4iar, is informed of the percent of resprrnses In support and in r:ppds !ion, pits t c1a~9'ra &noa r°jfr$grreaat NoutFalto rofuuit Opposed to request Renton for Opposition: Prinled N wri+) M,Oiliriu Address: Qty, State ZIR- #l.y - f r € T€3eohznu Nurnbpr, ddrESSof P ysic-rl Prnporty vi'Xilrl 20) fuut; r~ CITY OF DENTON, TF-KAS Ia 'ar.~tr. wnsr . nFr~TON,sFSSaS 76 u1 . 9s:~.3;9.e~a • ~Fpt3t~,34si,f7Ci7 DRC Findings/Recommendation Page 37 of 60 Case#:SIIO-0002 I PUBLIC - N& J I O DO02 T.' Rnnning Carr Loom l mrr i I wid c Ir i C [ r-C t 1 v ,.hl hl[] j O I7 r 0"! t i rlr big; ra J' f: Itu r- Il, m II 1tan t ' r IJ, r ru`nal re y+iJ g of rl usl prL•RIrYr.ali 1;4 017 v.~!I::...~t ~m1ad tru_~. rl a Ne I~hl Er oon R ,,:.lerlb .i• I~;:1 , ,3 poW . tt ow It 1,'aYo I hJ[.i Q lrk.:,r,srh wd F:>`di i h 1 (N1R-q Apr' nq lho t orlri us a I~i"~w~Iflr t': n t . nn rwzr)rwd I rl:.a?a d on M c ; st nd e ' t ola. v of , or Ff Pi t e.1u i r l Ie4 Ant 0 Ow rlib k 1; •JI J .==•irLUt h', t~ ,r11itil.. 7E'.u t`ub c: t'exmq .."nl ik 030 30 pxn `r he r irar t dun C'Ihari Lc r,; r;F ;ity- hiMH It:::;{t ri =it -15 C h"~':.hy.I llrli ii~• ;=~rrl riii ~~i.. rl t;arl{}' ~i ~f- IL: 4 !r E~"W1i t ~fi F~.li',lfV 4U '~i+JP •+¢"r'il FJJ.1~' ,r. ! "II r- ~,'li ti~ri ' rS!-i Pr .'fit', i',t „~:.'J. 111 tJ ~i." _ iiFJ: ,.!I'.Itrli %r [i .f{ i~,h ri;• it i'..!,r r44 r f.. MqU j PH f14 &S OS N F, rr_,'C; phiI{,' Pr.iUiiC J'i W',i7{.i Piy•i41 I!1 (}Id I for your upirllr.". 4 try taM'n I'11Lr, ='f 11rt luiri flhiu f[.r rl 'r:it.` •y'Ul.r ri. ••fl-Iri. t_:r ,r. ;ri l.:;•r ~,1 ".hni1 tt r'r f!lv ~IutJli i, h. f.`{1 rl r':~ T' i.r d?r) 1:~;J1r• f Jf,.Fd ~,i ro, '(u i;] Ci Ft rr.?.~d~ ;]ri rl ocif iJ "Jr lu dL, l; I'rl Iti Yl ~:r._•i rlr~.+l•iLj Ynl n -z, t. :x It tr.1 Ihl i.' l... l h f?. n 3Wn tat We tkuk rl N 'd''III It K to vd rl .'m,E .II wI-i Ih uH.r °Fa *,il _ . rl PJara%g Hnd C1e+,ieKprrwnt Department 221 W EY 5T Denton, IS= 76201 ,.ttnr ,1ohnna Ngatt11e1:."s, Project Manager These forms are usud to calculate the l>,r;rcontagp of lan:Jrsr:ricrs flat 5[rl7E)OIt and aapPbsI the rugurFSt. TH011Y'r'n ;biI. r1_i;'r'ra Attie . orlt of cep nges ' Fwpnolandinut'1t"?-I'ton. Please advaW one: In .t,r rrJ':.~ a.3t Noutral to request Oppmed to request RJR asom; for Oppo itlo Prirltl;l, 14 Irr ':4 , i r a ,Ac la r r, t''- ' i ? a. 1 IFUS Ur PhP,- C01 1'r0p,0' t;r ,,lt r, 20J r .,t 1 T11 CIF DENTON., TEXAS JTY RALL WENT • r;':- 1-[~t; .r~~~ ~ ;2N ~ 911TARRA41 ~ F)040049.7707 DRC Findings/Recommendation Page 38 of 60 Casek SIIO-0002 NOTICE OF P HEARING S110-0002 i 9 he Har.nlrq and ZUirin, Corlirnlss~on M Wc, City nl M-itnn .,Alll hold a p hl r hearjig nririresdn~ ' Sc;pterr ber 8, '2010 to consic er Waking a rewrnn`Midat can ro City Cour dl regardir~ the reza,7inq of .appro>iif-rlErtOy 40,37 acres tf la.r~, 1 front e Nekihihot"tuoU Reslderiti;jl 3 (NR 3) Zoning rjistrict sirld u;;e r Ia. tic vio:i in a leiulirtxartr:5r.,tt Residrrntial S ~NR 1 j znnir.g d s!r4rt M1C1 LISA t r~ss fic;attr Pq. Tho ereu to h,,~ w,oi3od fr, loc atecl s 'n the west 2wrJ 4i.]iFt s;idUS of ECtrlr Strct.r.y bil-l-uccn Fmory -'ireet to the north and Spry Street to the ~j outh. The ptah9ir, fyearir-g will start at ti:J(J p,rTw. in the C:r,ty' GDuncrl haaTibers ` City Hal: IDr;ated at 215 E. 'A(,Kirne*y $lrept, Denton, Texzs. t:3VCrILJSP you [:v,-n rat'uperty wjlh.rl) ftwi huocf.red i'209) feet 0 obi, z~trirr:f prope.gy, the r^?onning and Znnirttt t,urri;n,. ,-,h) t wryr k' d7ke to hear hay 4"tia ah-ubf this, ra rtrlr-sl °sricl k?viler yr;u to -&Uefrd the t ubi',c f earing 111ea7e, in ordr,r for y{irlr opinlmi to h!! token into iirt.n,m±, rofuirt this tnrrn' `itti ycyur' corn,-netts p-rur t tfaa da.".e of 11-li:, puE}!i(, hr:ur~in. ( 1hs in rh, arD,r rc,h+hils -yn) from atra pd r7q ar [l pt tiCdr]afir]g w the faudilJ+' i7P~'i.rdtP.} You rrtiy Fax (ry the rrunr eT :r b --cited at t~,e bcttonn Cit. mail i, To thr! '9,14rC 8 E3~~Is:,w't or- &0) it odf ir'r~+r'r~f?•'~. Plonning and Devek-Vrnent Department 221 N. Lim ST Denton, Texas 76201 Attn: Johnna Matthi wi, Project Manager These t+ rms at* Lmed to colculate the (percentage of landowvnrs that suppod and oppose the ~siCarii~ inforraedofrhebercer;tciresponst:s:insupportanr- intppcsition., regij st. The Cory, rn', Piease ctrclc one: favor of r gq(Jew eLdral do rcquc s r Opposed to request i C-1 . Reasons for Qpposttlon- f . griaturef `E ys'!.~3~7v rt s`t/. L'`. - # FrirrfCr[i Pdlrrie J~+tr r`-TJ F[1fJ EV jv'~~/Fl{ r. t.PLq }4~ { r, hdailrng P~~etFr~ _ _I J ~i1 L{C= c ty, Mate Zip: Telephurie NU lbHr' 1{1t'~~ ".y cif erg of f'h sit:x9I PFt#ia'I++ithirt7C1 feteR° 1T ' OF DENTON, TjEXA CITY HALL WEs r . GE , TE 76201 - 40349, t - ;r-~ r4kW (,07 DRC Findings/Recommendation Page 39 of 60 Case#:SIIO-0002 NOTICE PUBLIC HEARING SIIO-0002 The Fbrwiri t _!nd onink1 I_:f,rl r lu r If thl C' ,+':.t D )I &11 ."ill 1-1':11 9 :J r?1.,k li hnnnu,~ on IVe _ r,, t Oo t f:F tts I LlI'ES:11[11 iI1f11~I1 Ci <1 ri_I i:1 1[ J1.I'l1.~.af:)'I tl I-~riL l , i_I'Ct r dit Blv. dF'F'r l Ir rar: l', 11137 r k Itti'I J n hJ 111i`I_o-lflill_d f; I_ J'tilltlcll Ifdf' 'j :;lull a k I.t I!',J u it I..s1i'.rl tl.1 J f'' .=:I.Ji.nt ~ q k] R .,ouiriq ..:,trig, L. J to r"IC'r" :1 tf1E v': a gar Ct; l r"1r:"rt't'Gt to f' 17=:7 tl 11; r c."i t tf:: i tlt'.. Ttl.L .ha Hq vAll str.r't _it I :Iii iin'f. ill tFa City Cclln ~ti_II' :+e:t~• of tt;r HEIII !ccr a ! at t E. ]SjIL' \:rl rl r;51 •-ytr "~t, ~C ~I rl, Ir.:i~;. !.I,, L, S,I.; '/Ui'd ;:tvl F':~':.:f L. I iLti'I! IYL„iLfI F'(, I~fj~l' F'r_:I 1_'I 3r_ '.E L1F, r l: f :1 rr)7 Y}+ i?,'?. I~+ 1i Cr Ir1I il i LU .'.l l.: Jrr"r' ti. fl.'_',lf i~l Ir''I,i fCi.I ,.l III!F t 71, YI la ~~I" r r,.. 1.7 ~rll li...; I :i l'IF to i~i r: c,''il i_1;:i 1. tl1.7 a o t u' a k F t.- N: r r r1t i iLa"1i r'E JI_IrYI t' _ f+111'1' `lllif :-I J' a= r1111-. 'r"19 : 1101 tf t :.I Itf: A tl"I ' Iki l' addrlrld 7 ti IF! fF; Iy f I l +.'17 q..: .'.f lh.'"" if i +.I 1U I' F. . i l , IJ1 ..q I LL tc7 X CU t1_111: [-I LIII C I at the k ';gti.;rl'! r Flail If tr, tf',~ ,:hi 1rr , hi*0',+; Ir , It 0 f`'r'-f r rorS, Planning and Dovc1opment Departni# 221 N. Rai ST Ocntotl, 't exas 76201 .Attn: Jlohrlna Matthews, Project Manager These forms are used to calculate the percentage of taridni,+mcrs that *uppQrt and oppose the 1~.furriirM of the ;f.;r11 I rhJ:;f tr It sl.lla,ac.llt 1r'd 'I tlf f;l.o-r, tri, 1. reyui St T°:r:, +Iri:frll rt 1` f5e Please circle torte: i In favor r e g i i c - F ; Neutral t t''I iur;:: t lilted to request Ro aswis for Opposition: 1 _ r 1 tt _ , T, , ~ 1P y.~ l lrr t;. of p`hi'' 1.:E11 I'1. k 1:91t r . r i f l , I_k:. '7 CITY OFDENTON, TEXAS CITY HMI ' , I'Fg171N, 7 DRC Findings/Recommendation Page 40 of 60 Case#:SIIO-0002 NOTICE OF PC HEARING silo-0002 Th o Pla.nn4vj aritf Zo-ling C.OMnliss1cm of thrh (,ity of Denture vyil`. h'iold a prablic Chetvinq or, We[ nosday, 5eplUrrlber ti, 2010 to con Hitler rnak!rrg ? rt~+ >rrtni erdation try City Count,,!] r~.g~rrdir y the rezunirrg 0 -rpproxlniate~v 40.:37 scros of trrn.t frco a W'1gh bDTlhooit RUt enlial 3 tP,lR 3) zonnig rlislmt and user r.lassifio~+li r to a PJec~h!erl,ond Reaid~ntia1 1 (NR-1) vining ursti:d and use da; ci allon. The arc;l In he re7GFlBd :s krICa.ed un 01c west and ear! Bides 0 EctoT Street, hehve'an E=atery Street 'o the north Sti1k14. and SQeria''rc,.et to Itin n he pub'V, hearing will Mart at 13.30 pm in the City unuil C;haMters 01 City HLER Wr ;ated at Zia . h,,%Kirinoy SCrept, aNnturt. Texw4- Bc car+siD you ow-ft p,rop rty M" n .vo hundred ('140) tech of tho suE Bet property, tyre f' rrrurrg grad 7orng (>m-issiorr wok jld 4kP to how tov 'riv Fred ~h, ff rQQUBesl nr,d 1;77 fes Yotr Io aHand Me pErVc horwivq. Please, in ordar for your ovknion to he t`.Ikf~n into er~eoont, retrurn this form with your r,orrirnPr7ls prior to kttie of ttha puhlr 110arr1`13_ pro.Nbits yotl lrwyr att€r id nip and r~rtrc,'tartfirF± in Me pu'bhc f)r;,arirng.) YOU mthy fax t❑ VIC rrJn-lhPr Ini:ated at 3 .r thottom sr m0 it tr the address beloyv or drop 4 cuff in-[w'rsort. Planning wid frevelopment. upattment 2V N. Elm ST Viontarr, Texas 76201 Altirc ,tohnna Matthews, PrG]cct Mtanriger Thee urns are used to calculate the percentage of lari'di3wners that support and oppose the requvst~ Tho C.'ornrni". I-wi is infurnert of the percent of r('s,pori;ses iah suppfo t and in aYposrtrun. Please clmlo attrc: Enna ur of re(tur=st N utral to request CJpprhsiO to r"uest Reasons for Opposition-, S CgrndtLrP- r~` _ a t Priinted ff+~lJ,rlr,^- 1~_ 3ti~",t~s y MailirigAhEllr~t,4, 4 W ?31 {9L City, States Zip. t. t; 4 relephonu N irrlber - T a S'd r, 9v _ Actress cf Physical Property thin 201) fc(,)t- d i t~ L it r St CITY OF DENTON, TEXAS C,17(1-0 s k FST , nr NTGN. TrXAS 702"M ~ TJ40.Mtr sJ l • ,Fa 94o 34a.770r DRC Findings/Recommendation Pagel of 60 Case#:SIIO-0002 I NOTICE F PUBLIC HEARING $110-0002 Us P 111''1 ng and inin j L,;€Irrl r nsl n Mhe lolly o t: x no I,' a pul I lici~iI lI1i:, t-1 M=D a, 17 010 1.1 Lornirier ] it R'.I,nmrr'l I r M lr r,.-i1_llll II r J:' II S:r ':J 11-i& ~e_~rirwicj of 3F;I.n:.la,irraki MR ! k awns f.It kw o 111-'I'I <1 I'Jali~Jlhailrl"i;i R,ISr.3f", 171 i'vF.. ;4 ~j m(1.f11r1 iJl;ar.+ 2:1r;,II LL:(': w•' -LI!I_i l dr Jr!I.]!1 ,.?'llt j '.::I 7 I !.r...i IInI II'.r :.l 11I L1_ lal ~i 4i6 kl l I tln ~L to I z L31 li,rl I I II JII:.:'ll on t AM and cast Ades of E_tr''r now, .,....C.r rl Way .I C.M 11 1h{i north I F.l~k;lir IrF-rlTlll:~ '4r,ill .~"..y~t t, :!C. Ci .t'1..rs t r:lrn 11 L,i1,-1r-IIh r: ,-~t + i',, IJ 11 e;e:,~l 1 1t '1~ -I.fi,. r~ r' F=~ ~=lrl""'t 'Cl:. rli l.;n: I `l'[ f~i: i Sri. ril(.i I. 4t l' ~;~"[71 1I I~rr671I1. ~17r'1 .1r4'ir i 1ir -~I_II_rl f:.L. ~.pr i+~JE+ Q:)MWI-' jnd yllill-l 1 [;'fil~7l..i.. 'rrr r,LJIl1 :1r1 JII_. ~ll I141'r~r l if: .1 it_:Y irk, Pia ? + ,;!~i 1J 11 rl'r ri II i:! f.;1 ii" f [Lt,ill,;: l '1 n;, F' i lcF- U :11.1 IGr. ,ralLlr I_,L, r [Drl tJ hL, I~~CFrI irito .-.4.r- tl'I"S lwl n y'UUr Yr'~!Its F ri(.:r to 1f'If1 I{ itl r1t In-E! pjl ll. l fi~1, lri 1'1!,~ ,";a C ;f _W b 1'' i1ff1 r3 i'11f1. 11 'Lal !rlly i 'l +I If dill ii i" OJ I 'r'`;-:u nr'1, t ti it irJ lh.,I-_~ rtl-lliLer J ur.3 ti;I, .,3t tl-in hr-Jtcr L„r nil 4 No An M mm re &N .I I.j..:m Il 5 in I IrSi;.fl., planning anrf ar-uotrxt7rTtorat CIepartt11ent 2?1 W IM ST I)Mon, Te"s MY 1 Attu` Johmia Matthw.vs, Pro]eut Nlariager These forms are; vgii J to ca ctalate the percentage of lande:vners that siipp lrt and o os❑ the request, The i _I, 111 _iil 1= II I~CCr(1: ~ r J tho F. cairn :it rrype l'',€?.^-. ICI i11pl aTic.i in +_',7p._)! k'71, Ill circle one, In favor of r110111 -;t t`1rut'r:.ll t ! 11= 11.11!A. Fl,l 1, rr to II qI_II ~ Reasons WrOppos!Uon: a1 ~"y _ d:.~ 'i'. {.i. I i r r v i . I. ~ -L ~ I i• r,. r C I E' r ~ IF M.illlf'I'7Iti::JdIr:.u. • - .f '1" 1qA rlf' 4M p CITY OF DENnDI'Jr TEXAS CI- Y -1'',! is ?WIT: T • 17HP 1 T? TMY r 1 * 540 4 . _ v . { I I_ 1 ' J' o7 MY Q . I DRC Findings/Recommendation Page 42 of 60 Casek SIIO-0002 i F C F PUBLIC HEARING S11 0002 ;honing Commission of the City of Clenlnrt will hold a publl hearing on Wednesday, 10 to consider making a recommendation to City Council regarding ttxn rezoning of .37 acres of land fim a NNghborhaoct Residential 3 (Ii zoning district and use classification to a Neighborhood Presidential 1 (NR-1)zoning district aad use Gassiftcahon. Theareata be rezoned is lmailW on tho west and east sides ul Ectcr Street, between Cmary Street to the north and Sena $traet to the south. T{ o publle hearing will start at 6:30 ill Irt the City Colindl Chambers of City Hall located at 215 E. McKinney Sireet, Denton, Teams. Because you own prnparty within twn huridrrd t290; feet of the subject properly, Me Planning and Zoning Comrrtission would like to hear flour you feel ab o this request and irwites you to attend the public hearing, Please, in order for your opinion to be taken into account, return this form with your comntenls pryer to the date of the public hearing (1-his in W way profaihils yao from atrsnding arrc! participa#ing in the public hearmy.) You may fax it to the number rop located ALthe bOt#p►r or.rrtaJ ifi the address beluv or d- _ off fin-person: - Planning and Development Department. 221 N. Eim ST Denton, Texas 76201 Attu, Johnna Matthews, Project Manager Thess forms are used to calculate the percentage of landowners that support and appose the requost. The GuinrWssl is informed of the percent of respoinses fn support and in eFapositlon. Mass clrcIn one: uvr of requeS Neutral to request eased to roqueo Re"ons for Oppasition: Slflr~ature: PH Hied N urns, (a6 Mailing Address: ~-nrt-1r City, State Zap: h,?`ii 13 ~K -7 ~ ,01 Telephona Number ~ 40 ~~43 - 145~f ddress of Physical P7ell within 200 feet: CITY OF DEUTON, TEXAS c rKALLwil , Q11i TCwas 76201 • 9,10.349.asal - (F}041) 307i01 DRC Findings/Recommendation Page 43 of 60 Case#: SIIO-0002 NOTICE OF PUBLIC HEARING SI'I 0-0002 The- Plannin0 and Zoning Cnrnnri._sion of thn City of Denton will hold a pwrhlic hoaring one 'Jcdncsday, Sc~)ternticr 201 ]its cc.nsidei maiung a mc-nnimeridAori to Cily Coulnril regardirp the rP7(in Ig of apprcxirnatcly 401.37 3c.res or kind ircml a Neighbxhond Ru,iduritlal (Nf~ d) /ownp di:~Irlct and use cl: sslfisation to a Neicghborhnod Resideenti4il 1 {NR-1} zonilvj district and uS c1cs5it1catr_Jn 1 'he area to tae rniorwd is located on tho vrust and oa. t sides of Ector `Street, hetwveen Emery Street to the north and Sona Street to the south. the puhlic: h arir3g %.%dll start at 6 ,fit} p.m. in thu Gity Council C"harrihers of City Bail located at 215 E. telcKirrncy Strcct Dcntor7 Tux^ ,s. ecar~se yore own j.lo arty w, ilhin tw_) i7uinctrcd 200 fi of of the su13i r roE.erty fire f?irar ii,c ar?crcrar' ,g [;nn~rnissirn ~wc rrto' Ul;e tc heat ho,v r' (i cJ about this rc."q r s- -Jnr) irwites yore to atrood tire puhhc hearing. Ploase, in ardor for your opink-w to be taken into ae[<< rfnt, jPturn this form w "All }+aur caraarr;entu prior fti) than:. rtntc of tt7r lac~Fiic 17 lrinrq, ( fibs in ni ova prohibits you from, arteirling a.rrd rwr, caputirlg in 11w p~bric hexu,y.} Yot may fax A to the number located at the bottom or mail Ii tr) the address belo~~or drop it off in-person: Planning and Devebipment Department 221 N. Elm T Denton, Texas 76201 Attn: Johnna Matthews, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request, Thk Corgi rrriss on iS irirneci of Li-percent of res-gooses in slrpport and in orasilio[j. ,.Please circle carte; t In favor of request Nfffltral to request Opposed to r trinat Reasons for Opposition: FrirrtrdName" Mailing Address: City, state fit 9 f Telephone Nurnbcr. u `lr r rTy~- if, ddros: of Phh%sic, il' Proporry within 200 feat: CfI ' OF DENT01% TEXAS CITY HALL WEST • DENTS` N 11i 76201 • 940.349,8541 • (F)940.3497707 DRC Findings/Recommendation Page 44 of 60 Case#:SIIO-0002 NOTICE F PUBLIC. HEARING S110-0002 The Planning and Zoning Commission of the City of DWWn WN hold a pLOU heari g on Wednesday, Sept n o to consider niai inf.3 a ic-&,srrr:endatfio ty Cit+,' Cnunc;i rega;ng WA rwonit,0 of approximatnl,y 40.37 Farms of lend frnim a Nall-thcriraod RcsidGtA0 3 (NRQ) zuNng district ar,d use r;.lussificANi try a 16ghl:or'nwd P,esirfential 1 ~NR-1'i zunlnq 'i ,tri('.t ar)d rfso classification Tha area to ~ rC;.nneih Is located nn tiro west and east sides of l=ctor Strut, between Emery Street to Uie north and Sena Stout bjthe _;outK The pu[Ac hearing %%ill start a E;_30 pi rr) jr) the City Council ChanOcra of City HaU lOmWd at 216 E. McKinney Stmat, DcNwh Texas. Bcce),ue y°oti own prnpprty ;vithw two h,~r;dre't (200( fcf.l! if the strf7ed wopsty, MP f'Janong and Lowi'7g r~lrlm ; fon LVei'vi JW"e f+:;' rPf;dr ~i01^V f'r)iJ r v 7j)t7Zlf t17J3 d`egrl[rst 0d irl AUS YOU to DtterjU (tie i ut3+~ : freMog. Rease, irr order fm Dour ots mon to be, taken into accoW, retr)rn this form with year cOrnments pNw fo the dater cif the public hiwxlna j his irr rtr? way prohiih+ts yni'l frr,rri at€cn rrrg anu l~ r ierpatrr~g irr Me ptrMe he_ hg I You may fax 0 to the nonAr In:afarl nt the bnltwu w m2d it to he address hclum or drop it off in-pcr:-M Planning and Development Deparlment 22'1 N Elm ST Denton, Texas 76201 Attn: Johnna Matthews, Pr€ject Manager "these forms, are used to calculate the percentage of landowners that support and oppose the request. fho C wrrrissnra is fnforrrred of the pnrcent of responses in support and in wposition. Please circle one; In favur of rectu0"t Neutral to request Opposed to request Reasons tor Opposition: r - . X-t sit_3rmwe: A 40 17777 Fdnted Name, X U r ~ x rr L_ r Mal ling Address: City, State Zip: ',Cl== ,1-, 4f i 27 jy- T rlr,plir,rie f~Iurrnber' ddresFi of Pliysi l PnVerty W n 200 fcc:t: rY- ^ j C1TY OF DENTON, TEXAS CITY Wt LL %14- -r DFNTON, TEXAS 76201 940,343,8541 (F) 40.34c-r°W 20W PAZ home DRC Findings/Recommendation Page 45 of 60 CaseQ SIIO-0002 NOTICE OF PUBLIC HEARING SIIO-0002 The Planniny anct Zonirrg C(imniiSSler; or the City of Upr)€un will ir(AJ puiilic 1iemlr, l c71 G'JC-J[L 'SCI Septeri,Ler 8, 201'J to consider rnr_kinq a recr,mrneidation too City CCnLrnciI Fey arcirig the -ezoqrig of apirroxirnat0,), 40.37 _zcrc.s U` 'and ffom o NeigLilmhnor' Rc iduaLat 3 (HR-3) zoning district nr-d use classi:icetion to a JAui.ti l;~rh~ d Residential 1 (NR-1 zoning 2€strict and rise rlassitication. Tile area to be r zrnie:~:1 Irr lr~c~3feri can ih❑ :,c;st ~rnri t'.r3 t stair+.~, of Eotor Street, b.~tt r~r~n ralr,r strar~t to the north a.rr(r `,en .'Itreet to the so.rtlE. Thr~ pi)hlic hearing will nInrt at 6:30 p.m.. In the City Council Chambers of City Hall looated at 216 E rAFKinney St! eet, Denton, Texas, Becacis yore 0',VN rJfope,,ty b J0f,P two hug -;(Jred (200) fver of the suh) -ect CT!'~37y77y, rf7e )',3n .))rt 1r?J zDt)rt?) ] CrJi71 i?ISSiC7r7 61O~fifJ 1~CP to irP_gr, how yI,~a fee! r3cbnut ff?ks ?~vquu,st 0,, rd i0,;bt s you tt! t tt rd they Fir bt'c; r!ca,hlg. P OFisrU, in UFdr r far your Ups rion to be taltcn iWU cccount, return this fmm v,ith ycur ccmrrrar~ts prier tc the rlatc of the puhllc hoaxing. (171rs ul Jle away prohi its you frcnr LAVodn ng aQ(l ~~arirUipatillkJ ire thr 914biiC f PLVr 4,) YUU MnaY [ax SL to thU iiumber located at the L,otrS~m or rriIiI it to tie a~J,lress i~el,~w nr dro it ofF in p nn Planning and ❑evelGprrsent. Department 221 N. Elm 5T Benton, Texas 76201 Attn: Johnna Matthews, Project Mannger These farms are used to calculate the percentage of landowners that support and oppose the request, The CRaIYltriis ;ian is infotm4ad of the, p=,cr: rt of re ;pox r ; in upport w-rd in oppnc ;itk'm, Please circle one; In favor of regUC,t ~ Neutral to request opposed to request Re i sons for Opposition: Prlnte,f NariiQ C l t , 7,- - i I.iaiding Address ! t ~ f r lty, State Zip: Telephcene Nurrrtter: Jriress of Physical Property within 200 feet: C1TY OF DENTON, TEXAS CITY HAL L7 - )FNTti),1t, TFXJV$ 7U)1 * 94,0,349,6541 • {F}940 ;341,; r, or zu DRC Findings/Recommendation Page 46 of 60 Case#:SIIO-0002 NOTICE OF PUBLIC HEARING S110-0002 The Planrrinft and 7unir7cf Cc~ r;oilssion of the City` of Denton will hold a pobJic hearing on Wodr-iasuay, Septnniher 8, 201D to r.7nsider mak'wi j a recommendation to City Council R-,0,Vdk-,g the lcac?nmu Of approxinnateiy 40.37 acres of land from a Nr:ighdorhiood eskeritizil +;17R rpninq rjIsU1ct am use cln3"sAlcatiuri to a Ne ctlihrjrhr7od Rc'."idellfial 1 INR-l } ~r~nir r dl-,;tr;rt and usr- ra~~sslfiratl7n- t ier: nrna to bu rczcrlud IS loc.3tv.j can kh(2 o jet and slde of Ecto Street, bet~~een Emery Str9e# #O the north and Sena -Street in the southi. The public hearinrg ,ill start at G:,10 p.rn. in the City Coimcil Chambers of City K AI located at 2115 E. Mob{lnney Street, Denton, Texes flex -)se y-o (-)-n t~rt~pN~ J~~r -ifh- tv- ht~rr reU (2010 Feef cif the st~P,jeci nrn arty, t.rae Floc;cling "ind Zonir,et C.' r~?rnrs.tiiar~ wo plc! hke to hear haw yoil feel ~iboot tWs request and ujvites you to attend tot' p~rt~f;c 1»arkic~- Pleas, In urder for y out c,pininn to be t~k~-n into acc,punt, retdrn this form ~,vith ynua e-,omrnentL, prior to the Tinto of the public hr;arirg. s;Trrrs in no .gay tuolhbits YJLa ticjm Ac;,ririir)q arrt . ,rircirrafirrg it? Ow po))fic ljearing.) Yw w,-9y fax it tci the ni.mh)e[ neat, ct nt the; hcAnn1 or mall it to the address heto ,v or drop it off in-parson. Plaiming vnd Development Department 221 N. Elm ST Denton, Texas 76201 Attr; Johnna Matthews, Project Manager These foams are used to calculate the percentage of landowners that support and appose the request. The Corrrnisslon is informed of the Percent of responses in tirippn1 and In rtzzro; iflt.mt. PIcasa circle one. cintror 11f re _a rsest Neutral to request C ppo:ar d to request Reasons for Opposition: i mature: c 31 Printed Names It+a litrq Address; City, Stntr: Zip, Telephooe 14mul.-er: ddress of Physical Propont, w4hin 2D O feet. CITY OF DENTON, TEXAS CITY H LL WEPT = DEAL' ON, Tr-YAS 7520' NP 10 8541 (1w) 946.3a Ui re 200'P81 hd,- DRC Findings/Recommendation Page 47 of 60 Case#:SIIO-0002 NOTICE OF PUBLIC HEARING S110-0002 Tire Pinning and Znnintt Cornrrissian of the City of Denton will held a public hc;ering on rdrdner,day. SUI-AUMbor 8, 2010 try ci-)rsirt,er makintl a recommendation t(~ Cilty Council roq-7.rdirq the rez-hint of ,3pprnxirrrate!y dCl 37 acres; of lind frorn -7 Neinhbvrhood Resldentinl 3 (NR-3) zoninq district and use d-isslfication to a Nciilkud-auc' Resldenti l 1 F4R-1) zwilnig district arrd use t1~FSSifiufion. The area to be rezoned is ?ncated or tho west and east sides of Ector 5trcct, hctweon Erlr,ry 5trert to the north -1i,j Strcot to thu L,ouilti. r3€i~l 5C The publ',L: he.iriri,q r,rill si:_~rt at 6:30 p.m. in the City Council t ham xrr of City H,all in7atcd at 215 E. McKinney Strut, acntari, Texas, B CEW e g,oi; qb;~,'r P,,o e-rIy Gv;fta iir (v,-o hundred t'4(30) feet of the arrbj rt prr)oerft?, fhe J'+arir7ir1tr nrr,rta C_ar~Tmfss;cr~ ~annrn'd ~kF fr, hear I7C3t'V yo(,, f-"ei moot this rerr?rF'sf iF,iiLJ ivivifes yc,u to & tnnxi ffrp pubk-r fiooTinqHasu, it order for your opinior to but ri ir:to acctrunt, Feturrr dfl fermi a,rith you, CLIMITAUAS IJ110V (1_7 the datc c)f tlic public hearing. (This rro ways 7t«Irrbtfs you frofrr 4WL'frdf 1q do d ha+ti ,hu[irr,q in thu public heF.6r~q.) You may fax it to the number tc)cated at thn boftnni or iii-ail it to fhr~ adcires iTUlru or rant, it off In-persa i Planr*ig and ❑evelopivent Dep-Lirtment 221 N. Elrn 5T Denton, Texas 76201 Attn: Johnna Mutthows, Project Manager These fortes arc used to catculate the percentage of landowners that support and oppose the request. The Coat fission is informed of the p&rcent of responses in support and In opposition Please circle one: C favor of request Neutral to request Opposed to request Reasons for Opposition: Prlritod Nun`~a' ~ ~ ~ f ~ } l l~~`7f") r City, State Zip, f~ e.Jt [L, t Telephor~e NL:niber:`i t~ ddress of Physical Pruporty vv (h lTi '100 feet: f CITY OF DENTO/V, TEXAS C1 FY HAl l,'Vr FST , nFWCIN, TEX,A.S 7 TZi 940.349.P iV • fFi, Mi"1.3497707 1 DRC Findings/Recommendation Page 48 of 60 Case#:SIIO-0002 NOTICE F PUBLIC HEARING SIIO-0002 Tlic F Lmrilntd and Zcnlnp] Gcm[rii oicr of tt10 City of Dentr-n wilt hold I puhlic ors b"~~~{tr,~sday~ w~eptern5i,r ?t, 201r? to ccrrz:idcr m14Jnry r3 ruLn,iiweridatiun fa City cowl('] re.tr~rdi ~t tho rizzoning o ,~pprJ xir;b,~;r:ty 4G;."[ ac;r;s of ;Land fr(rn a EJeiE~ht nrhaod Re4icic:ntial 3 (N]l -3) ~r.ninrt district end ues Ire ~ Iflc;.~iion to a Neighhoncc3od i~eslefentiEl 1 ~Jf 1 l ~rt~ning d5e.flfa ae,ra rr:~~ c:€~~ssifrc~~ti^n The area to be rc p9 ark ls'cc:r3 ed utt the west Ink. er~4t 5i[i2:: Lf E=_t,:)i Streei, bet w-w Linens 8trect to thie norlk frd Sr ra S'trect tr, t )e south. Tho Puh[ic. henrin;g will start W, 6,130 P.M. In the Gity Counctf Ch'arll rcrs of city Hall iouacd rat 2e F. MuK;i1r~, tit[ :c+t, M rtor,., TCX-9S P7,CHU5e }nW DA 73 pa?per-ty Ivithm h"', 1ttindreti f?r?[a} fcot of Ilia Y. f1k)~F'd;f 11'pf'et'i'r', it3 {~i c~fi{7ffi;.~ ~IiCf ZO171f7 C~ ~'71nIF?t.S~fC'fi' 'h'~7U!!~ 1J'~tG tC} t)(:; ll' d`1ClVr ~'rJf1 fC G'R E7%Dl Jt'f tats st:cf vst ar~~i,r~ f~s P) fry atfur~d thu jj~lhffr hH, ~ir+yi_ Plea,., iri order fcr your c,f,lnio-n to be taken it ik) etot;aunf, rrturrt thiLl fairs '.rdith ~r,uur carir7onts ptior to the bate of tho Public henfing. (This in (tt) 1J,:afr - F)l-i7hibft t' '1! iF,~+1J?7 c'wefZf g anil fh7r'~JCJfif3fiJ'~ frt tho ,jmbh l7C'<'3fif7:~ ~ You relay fox it to the nuni',, rr t= teif at tiic F;r tf ern or mall it to t' 1H ac~rlress r.610ti4'0r drop it rlf In-t,r~ r1n- Planning and Deveiopmunt Department 721 N. Elm ST ~ Denton, Texas 76241 Attn: Johnna Matthews, Project Manager Theo forms are used to calculate the percentage of IarTdaulners th1t support a~zr1 oppose the request. The ~C Rll r~lsls3fi k InformDd Ur VIC [5r~fa_E rtit of respohs 5 in sup crl can6 41 Upposition. Phase eircie ono: to faw oY of rcyuost routral to rP quest Opposed to rcq„r_st tZeasona for Oppasitlon: i Signati.ire: ~ ~ pI fr d NLl l c, I? Hr 'r t o 'r `4. 1 Mailnd drF~ : a ] far C•if,~, `state zll:, 1) ryk a,~ r~ Telet,hwm Nurnl cr: I- ddro.,., of F'hy is tt Froperty withih 20J feet' - O r a z CITY OF DFNTDN, TEXAS iTY. H•+1LL'NEST E f ENTCN; T8XA5 76201 + 940340.8541 ~ (F)M.349.77 t7 DRC Findings/Recommendation Page 49 of 60 Case#:SIIO-0002 NOTICE E PUBLIC HEARING S 1O-0002 The, P'annlnq and Zonlng CcmiTilssbFi of the City of Denton will 'hold a pulilin r,,~,,arln on VVednesd y, ~Ioptonlber U, 2010 to cor;;lrier j rakinra recowrT'icndatlon to city Coundil regarding the ruzun;ng of appro:5irr~rJtCly 40,37 acres of land from a Nelghtrorhn,, t tiesir#pntial {NR-3f zorinq district aw use cla,isificaUrn to a Neigiiberhood Rt-;i iertial 1 (NF-1) zcr0i di strlct tend tars claElsl'ication. Tfie aroa to bo rozoned is located un the weaf and east sides of Ector Street, between Fme-(v Street to the north arld °,erai-~ -lreet to the south. Tttc public henrlcg ,,A1 st,,irt at 6130 p.m. In the City Cor}ncil Crrrarrtl?ers of City tali Ire atec at 215 E. IcKlivey Street, Denton, Texas Bocause you ovrf7 prorerly -,Vthir? tvvo hw)(,''`rOd (200) FG-Ot of rho tt fect propcrly, tfte P1,13nn?ng acrd Zcrrirrq Caroms ssiou ovaWd fWe to Bear ho,,v ;'CAu fee;' gbau€ fhr s request and r;,Ttr;les yor.r to ahlerocf the prfl..lic hcariog Please, In order for your opin; on to he tiden Into account, return this term s^,Ah yOOW cor-nrnents prbr to tt,io dEite of tics public hearing- ~Tlrrs in t way tsroiaif?.r1s ,~~~a~ fmr)~ attencfrny and partrcipafirrg ire sire public hoariWg.) You may fax it to the number located at thu hcUum or n4l it to the ads ro,,;s bolo-o/ or drop it off In-person: Planning and Development Department 221 N. Elm ST ❑enton, Texas 76201 Attn: Joiinna Matthews, Prajeot Manager T4ase formes are used to calculate thrLa percentage of landowners that supptart and oppose the regtaest, The Commis.-ion is informed of the percent at responses in support arty in oppQsitlon. Please circle one: In favor of regUest} Nqutral to request Opposed to request Reasons for Opposition: Signatur { . Printed Ncmle i s - r r n I'v1allincr Address: '~.3 V city, State Zip; !`Y' ddress of Physi l Property within 200 feet: 13 ~ -11 CITY DF OENTON, TEXAS GITY HALL t TIS7 . oarrTorl, -rt x 3 911J,34.,€1g~a1 ~ (F) 9,10.34x.7707 DRC Findings/Recommendation Page 50 of 60 Case#:SIIO-0002 NOTICE OF PUBLIC HEARING S110-0002 The Plar!nir,g and Zoning Ceriwissicn of the City of Denton wti it ho'd public hearing nn VVo-dric da,% Septernhor P, 2040 to cons,!Jcr r~wkind a reCCW]716ndaticrl to Ciity Council regai-ding the rezcuiirrg of uppraxirrta tely 40 37 acres of and from a fValghbort ac Re.sirlertial 3 (NP-3) Zoning district and use cfaesifir atia;n to a Noiuirttorhood Reslderrtial 1 (NR.I) 7anirg di`st6ct and rsP classification, The ~:iroa to Le rezoned is located urr tho war it and c nsq sides. of Ector Street, between Emery Street to thr: r orth and Sena 'Strcct in ttv-, suuth The public Rearing M! Mart at $:34 p.m. in the City Council Clh;rnbers of City ball located at 215 E. McKinrl`y Street, i3entnn, Texas 13a„aaso you owr~ property wifiWo twrt i)widrucf "200) feet of the stiblecr oroperty, the Plan?ntng and zor ioy Comrrarsarnlt s:or~fcf like to how holy yetl feel ehnW this yet taest are f i,~wites you fa a(tAnd }he pubiir? 1a aiiraq. Please:; la crc±er for )raur opinlo[ tote taken rota account, return ts. is Fore} w 0h yoff cc!mrnentS prior to fire d:ito of the public hoarir,rg. (This ir) no ways pichib),ts yoc ft "m attejrdiog ar, rd parfrcioaiir?g in file public hoar~ng.) You may fax It to the number locatod at the bottom cr mail it to tan oldress below or drop it :ft in-parson: Piannlrg and Development Department 221 N. Elm ST Denton, Tetras 76201 Attn: Joftnna Matthews, Project Manager These farms are Ersed to calculate the percentage of landowners that support and oppose the request, The Conirrission i3 informed of the pereent of responses w support and it opposition. Please circle one: clnfav-or of r eq ue tv Neutral to request Opposed to request Reasons for Opposition: r Signature: r Printed Name: Mailing Address: city, State Zip: 1 rV- Telephone NJI[rber ddress of PhysicHl Property rvltnin 2100 feet ) { 1,k Lit C j c it ~ f CITY OF DENTON, TEXAS CITY HALL 'Vv` :s t - DENTON, TEXAS 76201 ~ Q19 9d9 6141 F) 910-. 4s 7707 0),P't hrsi6 DRC Findings/Recommendation Page 51 of 60 Case#:SIIO-0002 NOTICE PUBLIC HEARING II O -0002 The Planning and 7oning Commissioro cf the City of Denton will hold a public hearing on Wednesclay, September 8, 2010 to consider making a rerornmendetion to City Council regarding thn rezoning of approAmately 40.37 acres of land trurn a Naighkrtood Resideritial 3 (NFL-3) Zoning di-5trict and use duswlfluatlon 10 a NeighbiorhoM Residential 1 (NR-1) zoning district and use c{ass ficalion, Tho area to be rezoned is iocated art the west and east Sides of Ectur Street, between Erne Street to the north and Sena Street to the south. Thu public hearing will start at 6:30 p.m. in die City Counod Chambers of elty vali fccated at 215 E McKinrney Street, Denton, Texas. Because yio own propu dy wffhrn two hundred (200) feet of the subject property, the Ranning and Zoning Ccmmissian would Jike to bear how yore feel nboat Ift requesf and invites you to attend the public f+aarfttg, F'iesse, in order for your opinion to be taken into accourit, return this form With your cornrnents prior to the date of the public hearing. (This In no way ~ prol0 is you rmm &nonding and padWpating In the public hfi?ad tg.) Y0:1 may fax It to the numhar loccated at the tottom or mail it to the address below or drop it off €r "rson-., i Planning and Development Pepartment 221 N. Elm ST Renton, Texas 76201 AtM: Johnna MRatilhews, Project Manager Thew forms are used to calculate the parcentage of landowners that suppod and oppose the i e st. The Corrtrni n is Irforrned of the pemert of responses in suppart and in cippositi . Please circle ono: Yr I fn favor of request Netrtraf to requcst Opposed to request Reasons for Qppusition: 8ignatu~u. . , Printed blamer r Mailing Address ~~!_C~~ase•~ ~ City State Zip:. 7 Telephone 'umber, d 9`fQ; 20-_61i~I ddress of PhyslLaf Pruparty within 200 feut C17'Y OF DiENT'OM, TEXAS urry R AU, WE4T . UNTON, Tfl{AS 76201 • 940.349 t(f) 940 - ,7707 ~~o ~~z rrauce DRC Findings/Recommendation Page 52 of 60 Case#:SIIO-0002 NOTICE OF PUBLIC HEARING S110-0002 The Planning and Zoning Corirvssiar'a of tt]n Cite of Dnantpn wiii frnld n puhliti hearing on tVp-(Jne,sday, ~ Sf plor)iLlvr n, f?010 to c ~r7s9d r ~r',L;kiWlg a rec:on7 [)-endntior} tv Clty Cotrncll rectaresi'rrn the re~r~r;int-i 0( ~ arpr )xmi7 itd,y 40.37 acres of 1.1rd trnrn a Nc~11'~1)n~hond Reel{fentlai 3 (NR-3) zonirg district and us(, claSsificatlan to a. RJeiail odioed Residential 1 zoring distJrjt and usu cla s.JtlcL;tioii, Th: area to h rezoned s Ic;Lcateu o? the west and east sides of Ectoi 5trcrt, bctwe~,,r Eninry Sheet to the t)erth and Sena Strc•rvt to tho south. The pobli, hearing wifl start A 3-30 p w In ttiB City Cuurac l Chairbers of City, Hall Incated at 215 E, t P c;Kinracj Strcct, Duntcr, Tcxrts. F3r.:c:_,,pt;rz yo) aaw2 f,rr,ra,. fig, tiv,~ffarrr f~re~ ,17i,rnr ed ('200) font of 100 $(1fjfELf flra,';s ~y, ?f' P4r1f7iliCj and ZOI7Lr7C1 L.~reI77rT]~,S=fnf; VL+QLIIC~ i!h'( hHl f701:' Vi1C! drr;Otit 01'. rofic,~ st arid iovitr s ynt, t~~ alter?o the ,f7,rr, Please, in order for your oplr)lan to era lakeY Into aoccunt„ raturi7 this fnrm v;ith your crirfirnenis prior to the date us" tiro pupjli(, hearing, {Th,~s in too tiv y prnhibr is you from; offends ';g a,w! Jwarlicq~afing in thU JAII)fk; hc;t~rrrr ~.l `g'ot: 'E~Tin + (pax it to- the nun7bur locaiec3 at thp- bett4 m or rnoil it to the address bec~ or rlrap it off ir-pPrsoon: Plannirg and Develaprnerrt Department 221 N. Elrn 5T Denton, Texas 76203 Atto- Johnna Matthews, Pro ectManager These forms are used to calculate the percentage of landowJncrs that support and oppose the request. Tice Corrrrrllsslan is infrjrtlo of the erc-ent of Cesponses in sur3l-)ortar:d In oppositipn, I Please circle carte: In favor of rewest Neutral to request Opposed to request Reasons for Opposition: Signature, Printed Marne; MAY, V-, ~ k T` 1A Mailing Address: k 77_ ! r iG; ~ .fx City, State Zip: I~C! Telephore rdu^~bar ddtess of PhV&c.al f'rcrpcifty vMhir 700 feet I'?- t ` ET titter 21 1 C"I CITY OFDENTON, TEXAS r~~ty%%-s "t • rj~NTM.TFXA!~ 76201 J1t7-,4cr8541 ir)'?0.34f#,i7r7 DRC Findings/Recommendation Page 53 of 60 Case#:SIIO-0002 NOTICE OF PUBLIC HEARING Thee P1a11ri3tg and Zoning Commission of the City of 0L1,Mor1 Will Ilcrld ~ pubicr: I e~irirry ors'°srectnes, ~y, Septcmher 8, 2W,7 fo consider making a rerantmenrfntlon to C,it;d f:011rcil rr:garding thn rmra?ning of pF~roxlrn~ste{t,9~~_V -cres of land from a Neighacncrod ResAential 3 {NR-1) 7orjirf-1 (J-strict arld rise c..rssilir.ration try <a Nciq iburhnori Rosidential 1 (NR-1)zoning cfistriict and use rla:.,riflcali;: 1• he ar,,a V bP- rezoned is ocated on the west and east sides of Ector Street beh\eera F-wwy Street to the narth and ;sera Street to the sorrtn. The publlc heai[n will ::fart of Ci 30 p,rrr, irl ttrc Cl(y Cauncll Cltarri:;ers A City Hall located at 21 E. € cKir re; Street, Denton, I -Xa: - Fcr,,~!!sc ou o4,~n ?)'UpClty it/aif11'7 two 17C1.'1Ci!''Cf 1290 fee€ C7 }3 subject r.rcj?e,~ yr, the Plat)ainq and Zonvig Comly)iSsiun tvciuk) ~jke. to hr a! hui,v vo;,r fool abo rt this www,r z ararf t,rvites vicet to afteild rtr~ prbi c he-,gorlg_ Tease, Ir ordr~_r tor'y'ofar ot7iriion to be taken into acLOrrrt, rr;furrr this form vvitta yr..7ur ccrrrrr,~nts iJiQF to tfrc clatc of the public he.artrg. (This in no way prnl if)i€s yor, t'wo )tf(,r? d g Evil j_ ar(rri rri(irrc irr the PLuJ : frc:rr~ ?a , y `(DU r;i.a fax it to tare number tccated at the bottom or ma4 it to the adds ess ~e fovd or crap it Of Iii rQrsor:. Planning and Dovotopmentl)opartment 22'1 r7n ST Denton, Texas 76201 Attn. Johnna Matthews, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The C,ommisslon is informed of tiro pw,~,unt of rospuoses in suppurL arm in opposition. 1 Please circle one: In fa cr of request Neutral to request Opposed to reque;st Reasons for Opposition: : Signature: Nt~`' ~ N`'''''\ iIiintc:d Nome: Mailing Reldiess: S ! ~ ~ fn City, State Zip; 1 r1 {1 ` ?.i Telephone NLJml)er: E cldress cf Ptaysi!;aii Prope€ly v,ithir 200 feet: I CITY OF DENT©N, TEXAS CITY HALL tiAIFST • CCNTCM,TEXAS 782r-1 tMD:;4n.fF141 , (:F)N -,49 „-,17 DRC Findings/Recommendation Page 54 of 60 Case#:SIIO-0002 NOTICE F PUBLIC HEARING S110-0002 The Planning and Zoning Corrurrissicn of thu City of Dsnton %%1111 hold a public hcs~rin an U'lc,,iri rJcV, epterr ber fl, 2011 tt} cans;rier making reocmirrend~ticx~ try City Council rer!ardinp tine reTpning of ailrnyilrt-t::ly IQ-:37 acres of land troni a Ne.igi,,barrcod R d niial2 NR-3) zoning dliArct rFnd ISO cisssitiraion toa lc ii-I~;rhnnd Resicential I (NR-1) ceniny rr-iisftict and use olassitl..aticn Thearea to be rezoned is located cm tho ,r;cst and east sides of Fctur Sheet, between Emory 5tIoct tc~ the north and Suns Street to the south. i Tha ruby is hearing ^,vill start at 6:30 p.n . in the City ~;ouncil Chambers of Cir,r Hall located at 215 E. 'AuKirmcy Strect, Dirmlc), Texas. Beeduse yno own, prQpra ,f vditi~rn turn bLmdred (200) rest _rt the SLibjoct propeffy t`rc FJr7r jnv and Zrrnrtlg t_nmmrs^;on wcu'd like fo h4-wlr Loy, Cott fe?"f rjf?r,1~t this ruw'es; arari invites 'Vou to Mend the pwl*c hew.i-~g, Please, in urger far your opinion to be taken info .)cchunt, return this fcrn3 with your comments prior to the dcto ref the pub[[(, hearing, (Tfris m t7,u ,v fart hibr^+s ,vutr frnna eattcr7;iirag C3rid ptarfraif dirrci ire fire F7~~bt c frearrng.) Yc a may fax it to the nui iLer located '1t the 'Jottorn or mail It to the addrr,s nokn.v cnr drug it c;tF in-person: Plarning and Di9velopment acpartment 221 N. Elm ST pentort, Texas 76201 Attn: Johnra Matthews, Project Manager These forms are used to calculate the percentage of lando rers ti,at support arcs oppose the request. The Corrimission is infarrnect of the pn rnono of responses in supf3art artid in oppcisiti _}r1. Please circle one. (infavor of request Neutral to request Ct~f _sa t tc~ rc,giJ'o st Reasons for Opposition. Printed Name; Mailing Address; City, State l, p, fc a Zi ` t , Telephone Nunnk ei: = ,~C ddresa of Physical Propcrtlr tivithin 0 feet. CITY" OF DEN TOA1, TF)(AS 21TY HAI I t'Vrf77 , DFNTON, TEXAS 76201 NC 3.19 2`1 I (F)'_14'117149,7707 DRC Findings/Recommendation Page 55 of 60 Case#:SIIO-0002 Exhibit 13 Zoning Ordinance s`klegs xur(i4n mts%ordinanoes%IQW tMMAoc ORDINANCE NO AN ORDINAN Ch +_?r THE. C ET's O T)FtNTDIN, TEXAS, PROVIDTNG FOR A Z(isN IN r CII.'LI' ik F WM A TtiEIGHBGRA00D RESIDE-.11A1. 3 (SIR 5) 7()NING DTSTRK I' C'LASSIFICAT10N AM) t SL: I] ;-,IGVVI ION i'C) A NEI III3Ml l()()L) 1 -FSJT)FNTIAI, 1 \1~_ 1) 7()NFN(7, I71ti'IRI('"1 {"'1 ;%5Sll'I(=A110N AND USE L)ESAiNA F10"~ (IN Al'I'RO T1tIATP.i, ' 4Q ? :aCI t 5 t )l LAND LC~'_A'I°ED ON TT IF % 1ST AN FAST 5IL)F.S 01-' F["I'-)R, STREFT, BETWEEN ''lR✓E'1`"I'0 THE NORTH AND SENA STREEeL I'0 IHE ',011iN; PRON'II)IN0 FOR, A PF, AL'T' IN TIiE 11.LXl%jiT\,I S2.00O.Oo FOR 'viOT-ATIONS THEREOF. SLVLR4 I ,ITT ANLI AN Ef F1`CTT-%7F I)-kTE (Sil1:) -0Cy7?l, -W IERL:-V41 the City t~f Denton. has applied fnr a chart ,,c in 7oning fir approximately 410'3-r acrd of land iegall}deacribed in Exhibit "A", tmachc(l hcrAu and inctirp[~r~~tecl herein by rc)'crt:nee I_hcrcinaite-r, the ' Propertv'from a ti'c-iglaborhootl Resitietttial 3 1 NR-3} zoning district cl.tssificra€i-III an~1 u,t! riesi nEal.ion to a Nei-hborhncid hcsidcntial I (NR-1) 7nnins district cla .,if c:atiou, an~i u:;e clesi n ttion; ztncl Wl10',RFAS.. on September 8, 2010, the l'l;irtninn and 7onin~, Comnt<ission re otnnlend~ l stppi'oval,if the change in anninc, and lb H-F'.i l,AS, the City C.'ouncil finds that the chaste is wn,4ktcrn with the Denton Plan sand the l)~r:e-Lc~pT]~~ni C'r>c3c,1C7~>4 = T1 I1_-Rfa'UI21?, `41111 COUNCil., OF THE l'I'`r' OF, DENTON IIEREBY ORDAINS: ST (=TTc~ti1 i. `I Iar ti tdincs and reoitatic}ns c ntaiiiud in the preamble of this o d'rnarcc, are incogx1ratcd -~icrcirl by rcfcrcn c 5tiuc. 5Fi -M J",, !`he r_nniag district classification and use de,,4,ntatlun for the Propcity her b% cliam2ed ffom Nciahbcncc rd Residential ? (N'R-3) to T~ci }rborho«d Rcsidenrial I iNR- I). Itiot.vil.lrstesrelinc the rattachcci real property dc° criptl an, the ProPr°rtti Ucin`, rc7.onL L! Includes tall proPcrty 10 the tcntcrlinc of all adjar.crtt street rights-)f-tea, , SECTION 3. The 4 itz' offic:Dl land usemap is ended to show the charge in the land use &l iimation. ST✓(_''lIf_ N 4 if any provision of this ordinance or the appiX ation therctat to ;mot} Pcrtir}n or circtttnstancc held invalid 1>, any c€1L1r€. Luclh im audit "'hall not affect the validity, of other provisions or applicatioas, and to this cnd the provisions of this or i try are acv"craka4:. S1lC'1I(_)tit 5. Any person iola€I and Provision of 6i: ordinanc-c shall, upon c;onvicticn, be lined a sum not e=-eding S',(XiI:),OU F_Ach day that a prop isian of this ordinance is violated shall constitute a separate aa> distinct offense. DRC Findings/Recommendation Page 56 of 60 Case#:SIIO-0002 s'RkpNUr4 -,Cr r r nco%lt3'siI0-0002-" 51 C, IC )N 6. This ordinatice shall hecotne ffllectatie to III teen (14) claw from the date of its pns"nve, and the City secretlir4, is hereby directed lc? c iuFS f the citp:ion of:liis ordinarce t+.Y be publislied twice its the 1Dcr:tc}n Record-C nrunlcle, a daily nc wspapet Pu llsbcd ~n the CA- of I )ent«it, 'I cxas, within tcrl (10) days oT tho date of, its hasscic~. PikSSED AND l'PRO ED this the clay of ~1 . N1AM BURaOU61IS, MAYOR A' I 'F. S"F° JENN IFT'R WALTER S, CITY S F Ci; TARY iIPPR0VFD AS TOI,FC,,U. MRNT: AN]`1r1HURCI'SS,Cl'-"lL["1C) LY DRC Findings/Recommendation Page 57 of 60 Case#:SIIO-0002 s,Aega =domm is%zrdanan e%U01jiIf M?2.doe FX14T13IT A I:1H:GAL I)E;SCRIP FION FIELD NOTES to all that certain tract of lan,6 situated in the City of l ntc±rt, Denton ountyP, Texas, and 1~oittg all of Blocks 3, 4, 5, 6, , 6, 10 and 12 of Revised Roberts Addition, an lddttinn to the City of Denton, Denton COLInty, Texas, accetliit, to the Plat thereof, recorded ul Volume 346, Past: 4t7 of the Deed Records of Trenton County, Texas, and being more p icularl~. describers as follows: BFG[NN, Nt3 at a'V'2" scan rod found frsr the SoUtll~Nrest comer of said Block , in the West lino of said addition, and in tho North fine of Manhandle Street; Ti-IFN(-'F North with the 1%Vest line orsaid addltluj, a distance of 2265.1 T i'eet to a f." iroti rod foLlnd for the Northwest comer of said Block 3, and in the South line U haaet-y S Lrek~ t; T14E.NCE Soutfi 8~} Degrees 41 %1111utes 54 Seconds East with tht: South tine them of with the 'tic rt}i_ knee o Saul BIot:k 3 and _T lIoclti 4, passing, a 11.011 rctci 1 yund at a distanL~N of 6w8.09 feet and continuing aloe, said c(?urse a total dist1111c0 of 61A98 feel to a pc lot iiw the Northeast corder or paid Bloc;l, d, and iri the. East line of said addition; THENCE Soutli UO D7cRrecs 14 I1linutes 40 Seconds East: "vitli the t~ast line thereon, passim a ' iron rc_id found for the No thc:ast cornea Df said Bieck 0 ttt a distance of -5 18,90 feet and Continuin,- alonL- the Fast lime of said addition, prtssirt. 3/4" iron rod found at 2264,71 feet, and continuing along, said course a total distance of 2845.65 feet to a point. for the Southeast corner of said Block 12, and ire the North Eno o t, 5cna Street; THENCE North 8 do grcL s 46 Minutes 0 Seconds ' cst with the North line thereof and the South line on said Block 12, passim a metal fence earner post at 3.71 feet, and continuing - C_1 said course a total distance of 3371.31-) feet to a iron rod fLiund fur the Southi est cornet thereof, and an the East lime of' Ec;toz Street; T LN E North 00 Dcvrees 01 Minates 11 Seconds West with the Fast line thereof anti tile. West line of said Block 12., a distance of 396.59 feet to a 316" ircyti_ trc~ci luund; DRC Findings/Recommendation Page 58 of 60 Case#:SIIO-0002 a •Iri'.:-urdocurrcriL'.ordiri;,v-c `I0.`m1,1-'1'-1)"doc I HENCE Soutkt 6~ Degrees 37 Minutes 5 Seconds I,a.st with the I a t lire of said Ester Sheet, a distance of 20,04 feet to a 318" iron rod found; THFNCE Nl orth V De gees 11 Minutes 31 Seconds West N ith Jie Last line of said Ec:tor Stmt, a distance of 184.99 fc.ct to a V2" iron racl fowid for the Soul west C(=rn r ()f aid Block 10, ar7d ir1 the Ncnh line of said Par)I)andle Strcct, TH :1 [ F. North, L?e rees 4 Nt'nutes 25 Seconds with the North line. tliereof, a distanc of 400.7 feet to Iht PLACE C]F RF,(ilNNINC, and containirl. 49.3J~ acres of land, more or less. DRC Findings/Recommendation Page 59 of 60 Case#:SIIO-0002 n' ,I, - FXHIBI I'll LOCATION NTA fR - ~ r _ --,.A~ ~ ~.••,:h....-.fie - _ -i...... ~ ~ + ~ 4,4 Y, f, -N7 r .._~j 1 iY ■ il-" ~iF- ~1 k,r e.. * - (4 'ice .-ter. ~ ~f4 - - ~ f~._ s i ~~~_..-0 r'"~a~ '~j,. - " C•- ~ t ~ f ICI}~ ~ i r'- . 1) I- 1 DRC Findings/Recommendation Page 60 of 60 Case#:SIIO-0002 AGENDA INFORMATION SHEET AGENDA DATE: October 5, 2010 DEPARTMENT: Economic Development Department All YT- ACM: Jon Fortune SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas designating a certain area within the city limits of Denton as Target Corporation Reinvestment Zone No. IX for commercial/industrial tax abatement; establishing the boundaries of such zone; making findings required in accordance with Chapters 311 and 312 of the Texas Tax Code; ordaining other matters relating thereto; providing a severability clause; providing for repeal; and providing an effective date. BACKGROUND The attached ordinance establishes Reinvestment Zone IX. Under Chapter 312 of the Texas Tax Code, businesses that receive tax abatements must be located within a reinvestment zone, a designated area where economic development is encouraged. The property included within the boundaries represents a site of approximately 48 acres on Airport and Corbin Roads. City Council's adoption of the ordinance establishing the reinvestment zone will allow Council to consider a tax abatement agreement with Target Corporation, a Minnesota corporation. The company plans to constrict a distribution center of approximately 400,000 square feet at the site. ESTIMATED SCHEDULE OF PROJECT If the reinvestment zone and tax abatement are approved, the company will purchase the property and begin constriction in 2011. They plan to open the facility in 2012. PRIOR ACTION/REVIEW At their September 7, 2010, meeting, the Economic Development Partnership (EDP) Board recommended approval of the proposed tax abatement agreement (6-0). The Board discussed the request and status of the project at the following EDP Board meetings: September 15, 2009; October 7, 2009; June 1, 2010; July 6, 2010; and August 3, 2010. City Council discussed this item in Closed Session on September 14, 2010. FISCAL INFORMATION Establishing the reinvestment zone has no fiscal impact. EXHIBITS Ordinance Exhibit A - Property Description Exhibit B - Site Map Respectfully submitted: Linda Ratliff, Director Economic Development Department llcodadldepardnentsl1ega1\our documentslordinances1101target reinvestment ord.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS DESIGNATING A CERTAIN AREA WITHIN THE CITY LIMITS OF DENTON AS TARGET CORPORATION REIN- VESTMENT ZONE NO. IX FOR COMMERCIAL/INDUSTRIAL TAX ABATEMENT; ES- TABLISHING THE BOUNDARIES OF SUCH ZONE; MAKING FINDINGS REQUIRED IN ACCORDANCE WITH CHAPTERS 311 AND 312 OF THE TEXAS TAX CODE; ORDAIN- ING OTHER MATTERS RELATING THERETO; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, Texas (`City' or` Municipality) desires to promote the development or redevelopment of a certain contiguous geographic area within its corporate city limits and its jurisdiction by the creation of a reinvestment zone for commer- cial/industrial tax abatement, as authorized by Tex. Tax Code Ch. 312 (referred to as the` Proper- ty Redevelopment and Tax Abatement Acf'or the`Acf); and WHEREAS, an industry or business known as Target Corporation has requested tax ab- atement to construct a facility and build improvements within the area to be designated as Rein- vestment Zone IX; and WHEREAS, the City Council desires to create a proper economic and social environment to induce investment of private resources and productive business enterprises in this area of the City, which meets the criteria established under§312.202 of the Act, and to expand primary em-. ployment or to attract major investment; and WHEREAS, a public hearing before the City Council was held at or after 6:30 p.m. on October 5, 2010, in the City Council Chambers of the City of Denton at 215 East McKinney Street in the City of Denton, such date being at least seven days after the date of publication of notice of such public hearing and the receipt of written notices of such public hearing by the pre- siding officer of each taxing unit that includes in its boundaries real property that is to be in- cluded in the proposed reinvestment zone, in accordance with§312.201 of the Act; and WHEREAS, such public hearing was held before the consideration and adoption of this ordinance; and WHEREAS, the City, at that hearing, invited any interested citizen or his representative to appear and offer testimony or evidence for or against the creation of the reinvestment zone, the boundaries of the proposed reinvestment zone, whether all or part of the territory described in the notice calling the public hearing should be included in the proposed reinvestment zone, and the concept of tax abatement; and WHEREAS, in accordance with such public notice, all owners of property within the proposed reinvestment zone and all other taxing units and other interested persons were given the I opportunity at such public hearing to protest the creation of the proposed reinvestment zone or the inclusion of their property in such reinvestment zone; and WHEREAS, on the 20th day of April, 2010, on or before the holding of the above- mentioned public hearing, the City Council passed Resolution No. 2010 -009 establishing guide- lines and criteria governing tax abatement agreements and stating that the City of Denton elects to become eligible to participate in tax abatement, in accordance with Tex. Tax Code§312.002and such Policy is now in effect and was in effect prior to the public hearing; and WHEREAS, at the public hearing proponents and opponents of the reinvestment zone of- fered evidence in favor and against all matters relating to the creation of the reinvestment zone, and, after hearing this testimony and evidence, the City Council deems it in the public interest to create this reinvestment zone; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct. SECTION 2. For the purposes of this ordinance, the following terms and phrases shall have the following meanings ascribed to them: A. Improvements- Improvements shall include, for the purpose of establishing eligibility under the Act, any activity at the location, including, but not limited to, new construction, recon- struction, renovation and repairs. B. Taxable Real Property-Taxable real property shall be as defined in the Texas Property Tax Code and shall not include personal property as defined in the Code. C. Tangible Personal Property-Tangible Personal Property shall be defined as business personal property, excluding inventory and supplies. D. Base Year-The base year for determining increased value shall be the taxable real property value assessed the year in which the Tax Abatement Agreement is executed. SECTION 3. The City, through its City Council, after conducting the above-mentioned public hearing and having heard such evidence and testimony, makes the following findings and determinations based on the evidence and testimony presented to it: A. The public hearing on the adoption of the reinvestment zone has been properly tailed, held, and conducted in accordance with§312.201 of the Act and all other applicable laws, and that notice of such hearing has been published as required by law and delivered to the presiding officer of the governing body of each taxing unit that includes in its boundaries real property that is to be included in the proposed reinvestment zone as required by law; and Page 2 of 6 B. Prior to holding the public hearing, the City has adopted, by resolution, the guidelines and criteria governing tax abatement agreements by adopting a City of Denton Tax Abatement Policy, as amended, and the City has elected to participate in tax abatement; and C. The City had jurisdiction to hold and conduct the public hearing on the creation of the pro- posed the reinvestment zone, pursuant to chapter 312 of the Act; and D. The boundaries of the reinvestment zone shall be the area described in the metes and bounds description attached hereto as Exhibit"A'and as shown on the diagram as the shaded area at- tached hereto as Exhibit `B' and being approximately 48 acres at or near the intersection of Airport Road and Corbin Road in the corporate limits of the City of Denton, Texas, such Ex- hibits "A' and `B' being incorporated and made a part of this ordinance as if written word for word herein; and E. The creation of the reinvestment zone for commercial/industrial tax abatement with the im- provements expected to be developed by Target Corporation would be of benefit to the City and to the land to be included in the zone, with the boundaries as described in Exhibit"A; af- ter the expiration of the tax abatement agreement entered into under§312.204 of the Act, and the improvements sought are feasible and practical; and F. The reinvestment zone as defined in Exhibit"A'and shown on Exhibit`B'meets the criteria for the creation of a reinvestment zone, as set forth in§312.202 of the Act, since it is,`S easonably likely, as a result of the designation, to contribute to the retention or expansion of primary employment or to attract major investment in the zone that would be a benefit to the property and that would contribute to the economic development of the Municipality" and G. The reinvestment zone as defined in Exhibit"A'and shown on Exhibit`B'meets the criteria for the creation of a reinvestment zone as set forth in the Denton Policy for Tax Abatement and the expected improvements in the boundaries of the zone are expected to enhance significant- ly the value of all taxable real property and tangible personal property located within the reinvestment zone. SECTION 4. Pursuant to §312.201 of the Act, the City, through its City Council, hereby creates a reinvestment zone for commercial/industrial tax abatement encompassing only the area described by the metes and bounds description in Exhibit"Xattached hereto and as shown on Ex- hibit`B'attached hereto and such reinvestment zone is hereby designated and shall hereinafter be designated as Reinvestment Zone No. IX, City of Denton, Texas. SECTION 5. Reinvestment Zone No. IX shall be effective as of January 1, 2011, and shall terminate five years from that date, on December 31, 2016, unless extended for an addition- al five-year term or unless earlier terminated by action of the City Council in accordance with §312.203 of the Act. SECTION 6. To be eligible for tax abatement, a commercial/industrial project shall: Page 3 of 6 A. Be located wholly within the zone established herein; B. Meet the requirements of the Denton Tax Abatement Policy; C. Not include property that is owned or leased by a member of the City Council of the City of Denton, or by a member of the Planning & Zoning Commission; D. Conform to the requirements of the Citys zoning ordinance and all other applicable laws and regulations; and E. Have and maintain all land located within the designated zone, appraised at market value for tax purposes. SECTION 7. Written tax abatement agreements with property owners located within the zone shall provide the terms regarding duration of exemption and share of taxable real property and/or tangible personal property located on the real property for taxation as approved hereunder, as shown below: A. Duration of exemption from two years to ten years depending on the value of the structures and real property in accordance with the Denton Tax Abatement Policy, beginning with and including January 1, 2011; and B. Share of taxes abated - in the maximum of 65% of taxes on the total value of appraised real property improvements and tangible personal property, excluding inventory and supplies, as more particularly described in the Tax Abatement Agreement between the City of Denton and Target Corporation, which are added, provided, however, nothing herein shall prevent any other taxing unit that includes in its boundaries real property that is included in the rein- vestment zone from entering into a tax abatement agreement with a different share of taxes abated on the total value of appraised improvements which are added, in accordance with the requirements of chapter 312 of the Act. SECTION 8. Any written agreements authorized under this ordinance must include pro- visions for: A. Listing the kind, number, and location of all proposed improvements of the property; B. Access to and authorizing the inspection of the property by municipal employees to ensure that the improvements or repairs are made in accordance with the specifications and condi- tions of the agreements; C. Limiting the uses of the property, consistent with the general purpose of encouraging devel- opment or redevelopment of the zone during the period that property tax exemptions are in effect; Page 4 of 6 D. Recapturing of property tax revenues lost as a result of the agreement if the owner of the property fails to make the improvements or repairs as provided by the agreement; E. Containing each term agreed to by the owner of the property; F. Requiring the owner of the property to certify annually to the governing body of each taxing unit that the owner is in compliance with each applicable term of the agreement; G. Providing that the governing body of the municipality may cancel or modify the agreement if the property owner fails to comply with the agreement; H. Contain any additional terms and conditions which the City Council deems are necessary, in accordance with§312.205 of the Act, and that are negotiated with the owner of the property. Provided, however, nothing herein shall prevent other taxing units, who include in their boundaries real property within the reinvestment zone, from negotiating terms and conditions that are different from any municipal tax abatement agreement, so long as the mandatory terms and conditions required by§312.205 of the Act are included. SECTION 9. The City Council further directs and designates the City Manager and the Director of Economic Development as liaisons for communication with regard to all matters per- taining to the Zone, including, without limitation, the development of the amendment of the cur- rent Denton Tax Abatement Policy if necessary, the negotiation of tax abatement agreements with industries, commercial enterprises, and other businesses eligible for tax abatement under the Tax Abatement Policy and for communication with other taxing entities and the Economic De- velopment Partnership Board. SECTION 10. All ordinances or parts of ordinances in force when the provisions of this ordinance became effective which are inconsistent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. SECTION 11. If any section, paragraph, clause, or provision in this ordinance, or appli- cation thereof to any person or circumstance is held invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause, or provision shall not affect any of the re- maining portions of this ordinance. SECTION 12. It is hereby found, determined, and declared that a sufficient written no- tice of the date, place, hour, and subject of the meeting of the City Council at which this ordin- ance was adopted was posted and placed and conveniently accessible at all times to the general public at the City Hall of the City for the time required by law, preceding this meeting, as re- quired by the Open Meetings Act, Tex. Govt Code Ch. 551, and that this meeting was open to the public as required by law at all times during which this ordinance and the subject matter the- reof has been discussed, considered, and formally acted upon. The City Council further ratifies, approves, and confirms such written notice and contents posting thereof. The City Council fur- ther finds that a quorum was present at such meeting. Page 5 of 6 SECTION 13. The contents of the notice of public hearing, which hearing was held be- fore the City Council and before the passage of this ordinance on October 5, 2010, the publica- tion of said notice is hereby ratified, approved, and confirmed. SECTION 14. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY c BY: Page 6 of 6 De4ov.~ W)oLL din w~t-~ DESCRIPTION OF PROPERTY SURVEYED OESCRIP770V of a 4@.441 acre tract .of land eltuated h the Robert C9hownhg SurveX Abstract No. 266, Denton Coun1X Tsxoa said tract bshg part of that certain bast of kad descr&ed as Section $ Tract 1 In Spechl Warranty Deed to Rayzor Investments, Ltd recorded . h volume 1706, Page 801 of the Dead Recomr of Daimon C:auntX Taxaw sold 48441 acre boat bohg more partkulafy descried as fellows C0VAIENCIN& at a 't' cut In concrete found h the east right-of-way the of Gprbh Rood (a varlabfe width right-of--wayt sold point bahg the northwest comer of Lot 1, t3lodr A, Carbh Road Business Palo Phase II4 an addlhbn to .the city of Denton, Texans aeewdhg to the plot recorded h Cabkhet Y, Page 838 of the Plot Rooorde of Denton Camt% Texas; MWCE North 00 degrees 03 mhutap,, 03 seconds Abet alimg the sold post The of Corbin Road, a distance of MOO feet to a 1/2-Inch kon rod with WOECO KOCH' wdp set for tamer at the POINT OF BEGINNING; 7NENC$ along the said cost the of Cwbh Roam the Wowing two (2) cola North 00 degrees, 03 minutes, Call seconds Nbst a distance of 67441 fleet to a 112-4hah kart rod with PACHFOO KOCH' anp.set for an angfe poht: North 00 degreem 14 mkrutos; 22 seconds finest, a dstanee of 1,272.71 feet to a 112-Inch lran rod with PACHECaO KOCH' pup set for corner at the south and of a right-of way corner dip at the Intersection of the sapid east line of Corbin Road and The south right-or-way fAne of F.M. 1515 (Akpart Road) (a 95-foot wide right-of--way),• THENCE, North 45 degroo% 13 minutes, 51 seconds East along sold caner cA a (stance of 2805 feet to a V/2-inch kan rod with PACHECO KOCH' cqp set for corner, 7HENM South 89 depo 77 mhutes, 56 seconds East Bang The acid south tine of Au. 1514 a distotoe of 1,167.64 feet to a 112-Inch iron rod with PACHECO KOCH' cap set for comer at the west end of a right-of-way comer clip at the Intersection of the. said south line of F.M. 1515 and the west fight-ofL-way line of Dakota Larne,; 7NENM South 44 d4ree4 17 minute% 56 seconds East along sold corner d4 a distance of 2828 foot to a 112-hah her rod with PACHECO KOCH' cup sat for corner, 7MVC& South 00 degrees, 42 mhuter 04 seconds Most. along the sold west the of Dakota Lane, a dletdnce of 170.84 fast to 0 112-Inch ken rod with 'PACHECO KOCH' cap set for corner, ZHENC$ South 89 degraae, 45 mhutea M secants Nast deporting the sold watt lkw of Dakota Lams, a distance of !54,34 foot to a 112-Inch kart rod with 'PAMECO KOCH" cap set for comer; 7NENC& South 00 dogrom 14 mhuteg 22 seconds Fast a distance of 17689f fret to a 112-inch loon rod wRh PACWCO KOCH' co sot for comer; 7HENC& North 89 dsgroa% 53 minutes, 21 seconds West a distance of 73.1;72 feet to a 112-Inch inn rod with PACHECaO Koar cap set far corner at the beglunhg of a tangent Curve to the rlghb 7HENOC' h a nwthwastafiy dkrcnbm Bang saki tune to the right having a central 'angle of it dograsq 42 minute; 57 secondq a romWha of 400.00 feat a chord bsari4ng and distance of North 84 degrae; Of nrkwtog 53 seconds Meet, 81.65 fast an ore (stance of 81.79 feet to a i/-knah kon rod with OVE00 KOCH' cap set at the end of said curve and the beghnhg of a mares curve to the left. I 7HENM kin a northwestaefy dkrotfa, along sold aww to the left Aaving a contra( an91e of 11 degrees, 42 mhuteA 57 secnn44 a radius of BWOO feet a chord bearing and dstace of North 84 degre Of mhutes, 53 seconds #bA 16130 feet, an oa dfstonee of 16158 Mot to a 112-khch loon rod with 'PACHECO KOCH' cop set at the and of sold curet 7HENM North 89 degree; 53 mhutes~ 21 seconds Nast; a distance of 7100 feet to the POINT OF txEMWZI6; CON7AMZN4 $11g106 square fact or 4&441 acres or land more or Jess. Exhibit A g )yyY tl d3A7/lIS3'LfL QIYV7 MR'1tlN17tl •1'JYII131MYiYYBi pm~ yp 19 till 93 , ; ~l 8l a; E II i ~ ! to x M ~ is it H N a R 3~~ Il lj I ~ ~ ly !III d @@g ~ III Ij I~~ ~~°€6a y , f I ~ § HvlI I.x eke N11 + 011, igl I l I Z F I o I 1F`_.r~ II F F n rEt !g ~ F 1 II ,a I E~ ! 4JJ k Uzi ii~g. M.~.~ J I~~~~~ t a ! e f E woc. M +ozao s I I r--- 1- h rl!! 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(Economic Development Partnership Board recommends approval 6-0) BACKGROUND Economic Development staff began working with Target Corporation the summer of 2009. Target is interested in constricting a 400,000 square foot distribution center on the corner of Airport and Corbin Roads, directly across Airport Road from Peterbilt. The valuation of the proposed facility is estimated at $40.5 million, with an additional $46.5 million in equipment and $20 million in inventory. Total estimated valuation for this project is over $100 million. The facility will be a large industrial client of Denton Municipal Electric (DME), as the majority of the 400,000 square foot distribution center will provide refrigeration for frozen and refrigerated foods. When incentive negotiations began for this project, the proposed distribution center was similar to Target's other existing distribution centers. The facility was to be manually operated and the estimated investment was approximately $70 million. In September 2009, Target submitted their revised request based on their new plans for the facility - an automated distribution center with higher paying jobs. The tax abatement request before the Council represents a five-year abatement at 65% each year for a total estimated incentive of $1.7 million. ESTIMATED SCHEDULE OF PROJECT If approved, Target intends to move forward immediately to purchase the property and to begin constriction in 2011. They plan to complete constriction by 2012. PRIOR ACTION/REVIEW At their September 7, 2010 meeting, the Economic Development Partnership (EDP) Board recommended approval of the proposed tax abatement agreement (6-0). The Board discussed the request and status of the project at the following EDP Board meetings: September 15, 2009; October 7, 2009; June 1, 2010; July 6, 2010; and August 3, 2010. City Council discussed this item in Closed Session on September 14, 2010. Agenda Information Sheet October 5, 2010 Page 2 FISCAL INFORMATION Project Elements Estimated Valuation Building and Improvements $40,500,000 Equipment 46, 500,000 Inventory and Supplies 20,000,000 Totals $107,000,000 The tax abatement agreement provides 65% abatement for building and improvements and tangible personal property, excluding inventory and supplies, for a period of five years. Abatement will not be provided on the increased valuation of the land. If valuations result as proposed, Target would receive a total incentive in the amount of $1.7 million, which would reimburse the company for the public improvements and site development costs identified in their request. During the five-year tax abatement, the City would receive 100% of property tax revenues on the land, inventory and supplies and 35% on the building/improvements and equipment, resulting in new revenues of approximately $1.7 million. These amounts are based on the newly adopted tax rate of $.68975 per $100 valuation. EXHIBITS Ordinance Respectfully submitted: X\afa W Linda Ratliff, Director Economic Development Department Ilcodadldepartmentsllegallour documentslordinances1101target abatement ord.doc ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A TAX ABATEMENT AGREEMENT WITH TARGET CORPORATION; SETTING FORTH ALL THE REQUIRED TERMS OF THE TAX ABATEMENT AGREEMENT IN ACCORDANCE WITH THE TERMS OF CHAPTER 312 OF THE TEXAS TAX CODE; SETTING FORTH THE VARI- OUS CONDITIONS PRECEDENT TO TARGET CORPORATION, A MINNESOTA COR- PORATION, RECEIVING THE TAX ABATEMENT; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on the 5th day of October, 2010, after a public hearing duly held in accor- dance with Tex. Tax Code §312.201 (the "Act"), the City Council passed Ordinance No. 2010- (the "Ordinance") establishing Reinvestment Zone No. IX, City of Denton, Texas as a commercial/industrial reinvestment zone for tax abatement (the "Zone"), as authorized by Title 3, Chapter 312, Subchapter B of the Act; and WHEREAS, on the 7th day of September, 2010, Target Corporation, submitted an appli- cation for tax abatement with various attachments to the City concerning the contemplated use of certain property located within the Zone, and WHEREAS, the City Council finds that the contemplated use of the premises and the contemplated improvements to the premises, as indicated by Target Corporation, are consistent with encouraging the development of the Zone in accordance with the purposes for its creation and are in compliance with the Denton Tax Abatement Policy; and WHEREAS, the City Council deems it in the public interest to enter into a Tax Abate- ment Agreement with Target Corporation; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings contained in the preamble to this Ordinance are true and cor- rect and are adopted as a part of the whole Ordinance. SECTION 2. The City Council finds and determines the following: A. The contemplated use of the premises and the contemplated improvements of the premises, as indicated by Target Corporation are consistent with encouraging the de- velopment of the Zone in accordance with the purposes of its creation and are in compliance with the Denton Tax Abatement Policy. B. The City Council finds that the improvements sought by Target Corporation within the Zone are feasible and practical and would be a benefit to the land to be included in the Zone and to the City after the expiration of the Tax Abatement Agreement to be entered into with Target Corporation. Pagel of 3 Exhibit C llcoda&depmrtmentsllegallour documentslordinancesU 0\target abatement ord. doe C. The City Council finds that the Tax Abatement Agreement contains all the terms which are mandatorily required to be included in any tax abatement agreement under §312.205 of the Act. D. In accordance with §312.2041 of the Act, the City Council finds that not later than the date on which the City Council considered this ordinance, and not later than the se- venth day before the date the City enters into a Tax Abatement Agreement with Tar- get Corporation, that the City Manager, through the Director of Economic Develop- ment, who are hereby designated and authorized by the City Council to give such no- tice, delivered to the presiding officer of the Denton Independent School District and Denton County a written notice that the City intends to enter into this Tax Abatement Agreement with Target Corporation, and that this notice included a copy of the pro- posed Tax Abatement Agreement in substantially the form of the Tax Abatement Agreement attached to this ordinance. E. Before the passage of this Ordinance, the City Council held a public hearing in accor- dance with §312.201 of the Act and created Reinvestment Zone No. IX. F. The City Council finds that the project within Reinvestment Zone No. IX is a redeve- lopment of an existing business as defined in the Tax Abatement Policy and requires additional incentives to promote economic development that generally satisfies the requirements of the policy and the City Council hereby authorizes a tax abatement of a maximum of 65% on the increased valuation of the Taxable Real Property im- provements and tangible personal property as more particularly described in the Tax Abatement Agreement attached hereto and made a part hereof by reference as Exhibit "A" (the "Tax Abatement Agreement"). SECTION 3. The Mayor, or in his absence, the Mayor Pro Tem, is hereby authorized to execute the Tax Abatement Agreement with Target Corporation in substantially the same form as the Tax Abatement Agreement attached as Exhibit "A". SECTION 4. The City Council hereby instructs and authorizes the City Manager to in- spect, audit, and evaluate the progress of Target Corporation to determine if it has met all of the conditions of the attached Tax Abatement Agreement prior to the tan abatement going into ef- fect. SECTION 5. If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, the City Council of the City of Denton hereby declares that they would have enacted such remaining portions despite any such validity. SECTION 6. This Ordinance shall become effective immediately upon its passage and approval. Page 2 of 3 llcodadldegartmentsllegaAour documentslordinances1101target abatement ord.doc PASSED AND APPROVED this the day of , 2010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 3 of 3 Exhibit A TAX ABATEMENT AGREEMENT This Tax Abatement Agreement (the "Agreement") is entered into by and between the City of Denton, Texas (the "City"), duly acting herein by and through its Mayor, and Target Corporation, a Minnesota Corporation (the "Owner"), duly authorized to do business and in good standing in the State of Texas, duly acting herein by and through its authorized officer. WHEREAS, the City has adopted a resolution which provides that it elects to be eligible to participate in tax abatement and has adopted guidelines and criteria governing tax abatement agreements known as the Denton Tax Abatement Policy; WHEREAS, on the 5th day of February 2008, the City Council of Denton, Texas (the "City Council") adopted the Denton Tax Abatement Policy (the "Policy"), a copy of which is on file in the City of Denton Economic Development Office and which is incorporated herein by reference; WHEREAS, the Policy constitutes appropriate "guidelines and criteria" governing tax abatement agreements to be entered into by the City as contemplated by Section 312.002 of the Texas Tax Code, as amended (the "Code"); WHEREAS, on the 5th day of October, 2010, the City Council passed Ordinance No. 2010- (the "Ordinance") establishing Reinvestment Zone No. IX, City of Denton, Texas, as a commercial/industrial reinvestment zone for tax abatement (the "Zone"), as authorized by Title 3, Chapter 312, Subchapter B of the Code (the "Act"); WHEREAS, Owner will be the owner, as of the Effective Date (as hereinafter defined), which ownership is a condition precedent, of certain real property, more particularly described in Exhibit "A" attached hereto and incorporated herein by reference and made a part of this Agreement for all purposes (the "Premises") located entirely within the Zone as of the Effective Date; WHEREAS, on the 7"` day of September, 2010, Owner submitted an application for tax abatement with various attachments to the City concerning the contemplated use of the Premises (the "Application for Tax Abatement"), which is attached hereto and incorporated herein by reference as Exhibit "B"; WHEREAS, the City Council finds that the contemplated use of the Premises, the Contemplated Improvements (as hereinafter defined) to the Premises as set forth in this Agreement, and the other terms hereof are consistent with encouraging development of the Zone i in accordance with the purposes for its creation and are in compliance with the Ordinance and Policy and similar guidelines and criteria adopted by the City and all applicable law; and WHEREAS, notice has been published in accordance with Chapter 312 of the Tax Code and written notice that the City intends to enter into this Agreement, along with a copy of this Agreement, has been furnished by the City, in the manner and by the time prescribed by the Code, to the presiding officers of the governing bodies of each of the taxing units in which the Premises is located; NOW, THEREFORE, the City and Owner for and in consideration of the premises and the promises contained herein do hereby contract, covenant, and agree as follows: I. TERMS AND CONDITIONS OF ABATEMENT A. In consideration of and subject to the Owner meeting all the terms and conditions of abatement set forth herein, the City hereby grants the following tax abatement ("Abatement"): 1. An abatement equal to 65% of City ad valorem taxes attributable to new capital investments resulting in an increase of assessed value of real property improvements and tangible personal property (excluding inventory and supplies) located on the Premises but only if such increase is at least $5,000,000 over the assessed value of the real property improvements and tangible personal property (excluding inventory and supplies) located on the Premises as of January 1, 2010, for a period of five years. As of January 1, 2010, the assessed value of the real property improvements and tangible personal property (excluding inventory and supplies) located on the Premises is $0, as there are no improvements or personal property located on the Premises. 2. The Abatement will begin the first year following the year of the issuance of a Certificate of Occupancy for the Improvements, and unless sooner terminated as herein provided, shall end after the fifth year. 3. If the increase in assessed value is less than $40,500,000 but more than $4,999,999 the Abatement will be reduced by the percent decrease that the reduction bears to the contemplated $40,500,000 increase of assessed value. For example, should the increase in assessed value be $20,250,000 dollars the Abatement will be 50% of Abatement the Owner would have received. If such increase in assessed value is equal to or less than $4,999,999, there will be no Abatement. B. A condition of the Abatement is that, by December 31, 2013 (subject to force majeure delays not to exceed 180 days), a capital investment which will result in an increase in the assessed values contemplated by Section I.A.1 be made to the Premises. For the purposes of this paragraph, the term "force majeure" shall mean any circumstance or any condition beyond the control of Owner, as set forth in Section XXI "Force Majeure" which makes it impossible to meet the above-mentioned thresholds. C. The term. "capital investment" is defined as the construction, renovation and equipping of the Improvements on the Premises (the "Contemplated Improvements" or "Improvements") to include (1) costs related to the development and improvement of the real estate, including, without limitation, construction costs and design and engineering costs; (2) tangible personal property located on or at the Contemplated Improvements by Owner, excluding inventory and supplies. The kind and location of the Contemplated Improvements is more particularly described in the Application for Tax Abatement. D. Two conditions of the Abatement are that: (i) the Contemplated Improvements be constructed substantially in accordance with the description of the project set forth in the Application for Tax Abatement; and (ii) the Premises will be used, operated and maintained substantially in accordance with the description of the project set forth in the Application for Tax Abatement throughout the five year period commencing upon the issuance of a Certificate of Occupancy for the Improvements, provided, however, that Owner shall not be deemed in default of the foregoing condition in the event Owner is undertaking renovations or other construction work within the Premises that prevent Owner from using, operating or maintaining applicable portions of the Premises for a period of time that does not exceed 365 consecutive days. F. The City shall have the right to terminate the Abatement if the Owner is in default of the condition described in clause ID(ii) above. In the event of such termination, the Owner shall refund to the City all previous tax abatements and all tax abatements for fixture years shall be terminated. G. Owner agrees to comply with all the terms and conditions set forth in this Agreement. IT. FAILURE TO MEET CONDITIONS A. In the event that (i) the conditions in paragraphs I(B) through I(G) are not met; or (ii) Owner allows its ad valorem real property taxes with respect to the Premises or Improvements, or its ad valorem taxes with respect to any tangible personal property, if any, owned by the Owner which is located in the Improvements, owed the City to become delinquent and fails to timely and properly follow the legal procedures for protest and/or contest of any such ad valorem real property or tangible personal property taxes; or (iii) Owner fails to perform any other obligation of Owner under this Agreement, then a "Condition Failure" shall be deemed to have occurred. It is understood that a Condition Failure shall not be deemed to occur merely because at a particular time it cannot be determined whether such condition will be met, but shall occur i only if at a particular time it can be definitively determined that such condition will not be met. In the event that a Condition Failure occurs, the City shall give Owner written notice of such Condition Failure, and if the Condition Failure has not been cured or satisfied within ninety (90) days of said written notice, the Abatement shall be terminated with respect to the year in which notice of the Condition Failure is given and all future years; provided, however, that if such Condition Failure is not reasonably susceptible of cure or satisfaction within such ninety (90) day period, and Owner has commenced and is pursuing the cure or satisfaction of same; then, after first advising City Council of efforts to cure or satisfy same, Owner may utilize an additional ninety (90) days. Time in addition to the foregoing 180 days may be authorized by the City Council. It is understood that the Abatement with respect to any year prior to the year in which notice of the Condition Failure is given shall not be forfeited or recaptured except as indicated under Section II.B hereof. Notwithstanding any provision in this Agreement to the contrary, Owner shall refund to the City all tax abatements previously received with interest for the year in which the notice of Condition Failure is given. B. If, however, the Owner fails to construct any structures or other improvements, or fails to install any equipment or other tangible personal property within the Premises by December 31, 2013 or if the value of the Improvements falls below the minimum $5,000,000 threshold during the term of the Abatement, then this Agreement may be terminated by the City. In such event, Owner shall refund to the City all tax abatements previously granted and received under this Agreement with interest on the amount to be refunded at six percent (b%) per annum. C. In the event of a Condition Failure by Owner which is not cured or satisfied as set forth herein, in addition to a partial or total recapture of the tax abatement, the City may cancel or modify this Agreement. III. RECORDS AND EVALUATION OF PROJECT A. The Owner shall provide access and authorize inspection of the Premises by City employees and allow sufficient inspection of financial information to insure that the Improvements are constructed and the thresholds are met according to the specifications and conditions of this Agreement. Such inspections shall be done in a way that will not interfere with Owner's business operations or subject Owner to liability for violation of any applicable privacy laws. City shall annually (or at such other times deemed appropriate by the City evaluate the Project to ensure compliance with this Agreement). If requested by the City in writing, Owner shall provide to the City an inventory listing the kind, number, and location of and the total value of all Improvements to the Premises, including, without limitation, the value of all structures and all tangible personal property installed or located in the Premises. B. Each year during the Term of the Abatement, the City shall contact the Appraisal District and obtain the Appraisal District's report of the assessed valuation for the Premises and Improvements (a "District Report"). The City also may request in writing that the Owner provide Owner's calculations and supporting information regarding whether and to what extent the conditions set forth in Article I have been satisfied (an "Owner's Report"). The City Manager will utilize the applicable District Report and Owner's Report to verify whether and to what extent the conditions set forth in Article I have been satisfied. If the City Manager determines that the assessed valuation is less than $40,500,000, the City Manager will calculate the deficiency and advise Owner in writing of that deficiency and the proportion of the Abatement that Owner has earned and will receive. If Owner disagrees with the City Manager's calculations, Owner shall have the right to promptly notify City in writing and provide contrary supporting information, in which case Owner and City will cooperate to determine whether and to what extent the City's original calculations should be corrected. The City Manager also shall notify Owner and the City Council in writing of such final determinations. C. During normal office hours throughout the Term of this Agreement, providing reasonable written notice is given to Owner, the City shall have access to the Premises by City employees for the purpose of inspecting the Premises and the Improvements to ensure that the Improvements are being constructed in accordance with the specifications and conditions of this Agreement and to verify that the conditions of this Agreement are being complied with, provided that such inspection shall not interfere with Owner's normal business operations. IV. GENERAL PROVISIONS A. The City has determined that it has adopted guidelines and criteria governing tax abatement agreements for the City to allow it to enter into this Agreement containing the terms set forth herein. B. The City has determined that procedures followed by the City conform to the requirements of the Code and the Policy, and have been and will be undertaken in coordination with Owner's corporate, public employee, and business relations requirements. C. The Premises are not in an improvement project financed by tax increment bonds. D. Neither the Premises nor any of the Improvements covered by this Agreement are owned or leased by any member of the City Council, any member of the City Planning and Zoning Commission of the City, or any member of the governing body of any taxing units joining in or adopting this Agreement. E. In the event of any conflict between the City zoning ordinances, or other City ordinances or regulations, and this Agreement, such ordinances or regulations shall control. V. EFFECT OF SALE, ASSIGNMENT, OR LEASE OF PROPERTY A. The Abatement shall vest in Owner and shall be assignable, with City approval, which shall not be unreasonably withheld, to any individual, partnership, joint venture, corporation, trust or other entity (irrespective of whether or not such assignee is related to or affiliated with Owner) which acquires title to the Premises. Any assignee of Owner or any assignee of a direct or indirect assignee of Owner shall be treated as "Owner" under this Agreement. No assignment shall require the consent of City if the assignment is to a wholly-owned subsidiary of the Owner or if, following such assignment, the Owner continues to occupy and operate the Contemplated Improvements for the full Term of this Agreement. VI. NOTICE All notices called for or required by this Agreement shall be addressed to the following, or such other party or address as either parry designated in writing, by certified mail postage prepare, by hand delivery or via facsimile: OWNER: CITY: Target Corporation George C. Campbell, City Manager Public Partnerships City of Denton Attention: Joe Dean 215 East McKinney 1000 Nicollet Mall Denton, Texas 76201 TPN-12152 Fax No. 940.349.8596 Minneapolis, MN 55403 Fax No. (612) 761-3735 WITH A COPY TO: Danielle Meltzer Cassel, Esq. Vedder Price, PC 222 North LaSalle Street, Suite 2600 Chicago, IL 60601 Fax No. (312) 609-5005 VII. CITY COUNCIL AUTHORIZATION This Agreement was authorized by the City Council by passage of an enabling ordinance at its meeting on the 5th day of October, 2010, authorizing the Mayor to execute this Agreement on behalf of the City, a copy of which is attached hereto and incorporated herein by reference as Exhibit "C". VIII. BOARD OF DIRECTORS AUTHORIZATION This Agreement was entered into by Owner, pursuant to authority granted by the Board of Directors of Owner, as authorized by corporate resolution to execute this Agreement on behalf of Owner; a certificate evidencing such resolution and consent is attached hereto and incorporated herein as Exhibit "D" as if written word for word herein. IX. SEVERABIILTY In the event any section, subsection, paragraph, sentence, phrase or word is held invalid, illegal or unconstitutional, the balance of this Agreement shall stand, shall be enforceable and shall be read as if the parties intended at all times to delete said invalid section, subsection, paragraph, sentence, phrase, or word. In the event that (i) the term of the Abatement with respect to any property is longer than allowed by law, or (ii) the Abatement applies to a broader classification of property than is allowed by law, then the Abatement shall be valid with respect to the classification of property abated hereunder, and the portion of the term, that is allowed by law. X. ESTOPPEL CERTIFICATE Any party hereto may request an estoppel certificate from the other party hereto so long as the certificate is requested in connection with a bona fide business purpose. The certificate, which if requested will be addressed to the Owner, shall include, but not necessarily be limited to, statements that this Agreement is in full force and effect without default (or if default exists the nature of default and curative action, which should be undertaken to cure same), the remaining term of this Agreement, the levels and remaining term of the Abatement in effect, and such other matters reasonably requested by the party(ies) to receive the certificates. XI. OWNER STANDING Owner, as a party to this Agreement, shall be deemed a proper and necessary party in any litigation questioning or challenging the validity of this Agreement or any of the underlying ordinances, resolutions, or City Council actions authorizing same and Owner shall be entitled to intervene in said litigation. MI. APPLICABLE LAW This Agreement shall be construed under the laws of the State of Texas and is fully performable in Denton County, Texas. Venue for any action under this Agreement shall be in Denton County, Texas. X1II. RECORDATION OF AGREEMENT A certified copy of this Agreement in recordable form shall be recorded in the Deed Records of Denton County, Texas. Following the fifth anniversary of the issuance of the Certificate of Occupancy for the Improvements, either City or Owner may record a release of the foregoing so that it no longer appears on title to the Premises or Improvements. XIV. MUTUAL ASSISTANCE City and Owner agree to do all things reasonably necessary or appropriate to carry out the terms and provisions of this Agreement and to aid and assist each other in carrying out such terms and provisions. Owner and City agree at any time, and from time to time, to execute any and all documents reasonably requested by the other party to carry out the intent of this Agreement. XV. ENTIRE AGREEMENT This instrument with the attached exhibits contains the entire agreement between the parties with respect to the transaction contemplated in this Agreement. XVI. BINDING This Agreement shall be binding on the parties and the respective successors, assigns, and heirs; provided, however, no partner, member, shareholder, officer, director, trustee, beneficiary, employee, agent, contractor or consultant of Owner (disclosed or undisclosed) shall have any personal liability to City or any successor in interest to City with respect to the subject matter of this Agreement. XVII. COUNTERPARTS This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. XVIII. SECTION AND OTHER HEADINGS Section or other headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. XIX. NO JOINT VENTURE Nothing contained in this Agreement is intended by the parties to create a partnership or joint venture between the parties, and any implication to the contrary is hereby disavowed. XX. AMENDMENT This Agreement may be modified by the parties hereto to include other provisions which could have originally been included in this Agreement or to delete provisions that were not originally necessary to this Agreement pursuant to the procedures set forth in Title 3, Chapter 312 of the Code. XXI. FORCE MAJEURE If, because of flood, fire, explosions, civil disturbances, strikes, war, acts of God, or other causes beyond the control of either Party, either Party is not able to perform any or all of its obligations under this Agreement, then the respective Party's obligations hereunder shall be suspended during such period but for no longer than such period of time when the party is unable to perform. XXIL NON-SHAREHOLDER CONTRIBUTIONS TO CAPITAL The City hereby designates the Abatement and each portion thereof, as non-shareholder contributions to capital of Owner pursuant to Section 118 of the Internal Revenue Code of 1986 (and successor provisions thereto) and intends the Abatement and each portion thereof to be a reimbursement for land and/or building costs incurred by Owner. This Agreement is executed to be effective 60 days after the executed date of the 5t' day I of October, 2010, (the "Effective Date") by duly authorized officials of the City and Owner. CITY OF DENTON, TEXAS BY: MARK BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY r BY: ze:E_ ~_Z TARGET CORPORATION, a Minnesota Corporation i BY: NAME: Scott Nelson TITLE: Senior Vice President, Real Estate i ATTEST: BY: STATE OF TEXAS § COUNTY OF DENTON § Before me, the undersigned authority, a Notary Public in and for said State of Texas, on this day personally appeared Mark Burroughs, Mayor for the City of Denton, known to me to be the person who signed and executed the foregoing instrument, and acknowledged to me that this instrument was executed for the purposes and consideration therein expressed. Given under my hand and seal of office this the day of , 2010. Notary Public in and for the State of Texas My Commission Expires: STATE OF MINNESOTA § COUNTY OF HENNEPIN § Before me, the undersigned, Scott Nelson, on behalf of Target Corporation, known to me to be Senior Vice President, Real Estate, and to be the person who signed and executed the foregoing instrument, and acknowledged to me that this instrument was executed for the purposes and consideration therein expressed. Given under my hand and seal of office this the day of October, 2010 Notary Public in and for the State of Minnesota My Commission Expires: DESCRIPTION OF PROPERTY SURVEYED DESCRIP770M of a 48,441 acre tract of land situated bs the Robert Chowning Surwy, Abstract Me, 266, Denton 0ounty, Texas sold tract being part of that cedoln treat of land described as Section 8, Tract I In Special Warranty Deed to Raynor Investment; Ltd. recorded. in Volume 1795, Page 601 of the Deed Records of Denton County, Texae;• sold 48.441 a" L cif being maim parthw1ariy described as Wows: COMMENCING, at a cut A7 concrete found in the cost right-of-way line of Corbk? Road (a wrlable width right-of-way), sold point being the northwest comer of Lot t, Block A Corbin Road Business Park Phase IIZ an addition to the City of Denton, Taros according to the plat recorded in Cabinet Y, Page 639 of the Plot Rocwds of Denton County, Texam THENC& North 00 degrees, 03 minuteg 03 seconds West along the sold oast line of Corbin Road, a distance of 95.00 last to a 112-inch Iron rod with PACHECO KOCh" cap set far canner at the POINT OF =INNING,' ~ 7HENCE; along the sold cast line of Corbin Road, the following two (2) Cadhr. North 00 degrees, 03 minutes, 03 seconds West a distance of 67.141 feet.,to a 112-kxh iron rod with PACHECO KOGY' cap.set for an angle point; North 00 degrees, 14 minutes, 22 seconds West a distance of 1,272.71 Kest to a 1/2-inch kon rod with PAC$EW KOCH' cap set for comer at the south and of a right-of-way comer dip at the Intarseetion of the sold east line of Corbin Road and the south right-of-way the of F.M. 1515 (Airport Road) (a 95-foot wide right-ot-way),- THENC& North 45 dagrea% 13 minutes, 51 seconds Easy along said comer ollp, a distance of 2805 feet to a 112-inch kw rod with PACYIECO KOCH' a* set for comer, THENCE; South 69 degree4 17 minut@A 56 seconds Easy along the said south line of F.AL 151$ a distance of 1,167.64 feet to a f12-Inch ion rod with PACKE00 KOCH' cap set for corner of the west end of o..rlght-of-way corner dip at the Intersection of the sold south 11he of F.M. 1515 and the west right-of-way line of Dakota Lane; 7N7NC& South 44 degnees, 17 miwta% 56 seconds Eost along sold comer dip, a &stone* of 2828 feet to a 112-inch bon rod with PACHECO KOCH" cap set for corner, THENC& South 00 degra&4 42 minuteR 04 seconds West' along the said west -dire of Dakota Lana a distance of 17x54 feet to a 112-inch wan rod with PACHECO KDCH' cap set for comer, THEND-v South 89 degrees 45 mkrutes. 38 seconds West' departing the said west line of Dakota Larne, a distance of 154.34 feet to a 112-Inch kw rod with PACKSCO KOCH' cap set for corner, VIEW& South 00 degrees, 14 minutes, 22 seconds Easy a distance of 1,766.91 feet to a f12-1och Iron rod with PACHECO KOCN' cep sat for comer, THENCE: North 89 degraeg 53 minutes, 21 seconds West' a distance of 73372 feet to a 112-Arch barn rod with PACHECO KOCH' a* set far comer at the beginning of a tangent curse to the right; 7NENM in a northwasterty dkeefion, along sold curve to the right hosing a central angle of 11 degrees 42 miwtes 57 secondA a radius of 400.00 feet a chord beoring and distance of North 84 degrees, 01 minutes, 53 seconde N64 81.65 feet an are &stonce of BL 79 feet to a 1/2--.0ch Iron rod with 'PACHECO KOCH' cop set at the end of sold curve ohd the beginning of a reverse arrm to the left, ]HENCE, in a northwesterly dbectlor, ofeng sold curve to the lai% hating a central angle of If degrees, 42 minutes, 57 secoad; a rodirs of 800.00 feet' a chord bearing and distance of North 84 degrees, Of minutes, 53 seconds West 16,130 Feet on are distance of 16356 feet to a 112-'kith ion rod with PACHECO KOQ4' cap set at the and of said curve; 7HENG& North 89 degrees 53 minutes, 21 seconds West a distance of 7raOO feet to the POINT OF BEGINV2146 CONTAINING, 2 110,106 , spuara feet or 4d441 acres or land mars or less i Exhibit A sAour documemslcoutmctsl! 012010 tax abatcment policy.doc EXHIBIT A O City of Denton 'f'ax Abatement Application City of Denton Department of Economic Development Denton, Texas 76201 (940) 349-7775 (940) 349-8596 FAX www.ci demon cast Linda.Ratli$ dtyofdenton.com Page I 1 of 20 Exhibit B SAOW dommentslcntraats\1Gk20I0 tax abatement po]icy.doe APPLICATION FOR TAX ABATEMENT CITY OF DENTON, TEXAS I- PIoperkY Owner Target Corporation Company or Project Name Target Corporation Maifing Address 1000 Nicollet Mail TPN-12152 Minneapolis, MN 55403 Telephone 612-761-5776 Fax No 612-761-3735 Website weww.target.t:•om Contact Name Joe Dean Title Manager, Public Partnerships Mailing,Address 1000 Nicollet Mall TPN-12152 Minneapolis, MN 55403 Telephone 612-761-5776 Fax No• 612-761-3735 email Address joe.dean@target.corn 2. Provide a chronology of plant openings, closing and relocations over the past 15 years. Target Corporation is a Fortune 50 company with 27 Regional Distribution Centers, 4 Food Distribution Centers (Denton will be the 5th), 4 Target.com Fulfillment Centers, 4 Import Warehouses, and more than 1700 stores in 49 states. Only one distribution center has closed and it was located in Little Rock, AR. It closed in 2009. 3. Provide a record of mergers and financial rest ructtaring during the past 15 years. In 1998, Target Corporation acquired The Associated Merchandising Corporation and Rivertown Trading Company. In 2004, the Marshall Field's and Mervyn's stores were sold to The May Department Store Company. 4. Will the occupants ofthe project be owner or lessee? If lessee, are occu Fancy conatnlttnetr[sa?ready eaeistittg? Owner. 5, Is the project a relocation of existing facility or a new facility to expand operations? If relocation, give current location. Not a relocation. Page 12 of 20 Oour doaumenulcmtrscLvUM010 tax abatement pniicy.doc 6. If an existing Denton business, will project result in abandonment of existing facility? If so, the value of the existing facility will be subtracted from the value ofthe new facility to arrive at total project value. Project does not involve an existing Denton business. 7. Property Description. - Attach a copy of the legal description detailing property's metes and bounds. • Attach map of project including all roadways, land age and zoning within 504 feet of site. See attached. 8. Current Value. Attach copy of latest property tax statement from the Denton County Central Appraisal District (include both real and personal property). Not Available 9. Increased Value/Estimated Total Cost of Project, Structures $ 54,000,000 Site Development 13,000,000 Personal Property S 46,500,000 Other Improvements $ 10, Indicate amount of tax abatement and number of years requested for each taxing entity. City of Denton 100 % 1 years 75 % 4 years Denton County 40 % 7 Years List any other fraanci'al incentives this project will requeWmceive, Estimated Freeport Exemption S 82,751 /year Estimated Electric Utility Industrial Development Rider $ 335,880 Estimated Water/Wastewater Infirastructure Assistance $ 0 11. Give a brief description of the activities to be performed at this location, including a description of products to be produced and/or services to be provided. This newly constructed facility will serve as Target Corporation's perishable food distribution center for the southern United States. The distribution footprint will mainly cover Texas but a portion of the goods will be shipped outside of Texas to bordering states. Packaged goods wilt be brought to the facility by truck. Once unloaded the goods will be sorted, inventoried and then stored based on their delivery schedule. When the product is ready to be shipped, trucks will be loaded and then carry the goods to various Target stores for retail sale. Truck trips both incoming and outgoing will occur 24 hours a day. There will not be any production or processing of food at the facility. Page 13 of 20 s:loui 40cu=ntsicwttr2cts11012010 tax obwanent poliay.doc 12. Project Construction Phase A. Cons=CUOr! Estimate Percentage of project development and construction dollars to be spent with Denton coats $ based contractors or sub-contractors. $40,200,000 Percentage local contractors 60 % B. • Water Describe any off-site infrastructure requirements; Relocation of hydrants and water line along Corbin Rd. • Wastewater Sanitary Sewer Main Connection • Streets Airport Road - put in a left turn lane. Corbin Road - widen. Dakota Lane improvements. • Drainage Storm drainage under Corbin Rd. will need modification due to widening. 0 Other Page 14 of 20 01 rlour docan[ts)rwtmm\ [012D10 tax abaument policy.doc 13. Project Operation Phase. Provide employment information for the number ofyears tax abatement is requested. At Project hoisting -Start Date At Term of Employment Information Operation (ntoiyr) Abatement Crfapplicable) 4 12013 A. Total number of permanent, full-time jobs NIA 118 128 B. Employees transferred fi-onn outside Denton NIA 0 0 C. Net permanent full-time jobs (A, minus B.) NIA 118 128 R. Total annual payroll for all permanent, full-tune jobs (A) NIA $5,234,870 $6,404,746 F. Types of jobs created. List the job titles and number of positions in each category that will be employed at the facility, Provide average wage for each category. See Attached 0. Estimate annual u6hty usage for project: Electric 15,604,120 kWh Water 6,080,250 gpd Wastewater 6,023,250 gPd Gas 8,000 Therms roof 14. Describe any other dimct benefits to the City of Denton as a result of this project (e.g., sales tax revenue or project elements identified in Tax Abatement Policy, Section III). This project will substantially increase bath real and personal property tax revenue for the City of Denton. In addition, employees will be performing all their duties within the city thus purchasing goods and adding to the local sales tax coffers. During construction an est. 275 jobs will be created w_ roughly 60% being local contractors. 15. Is property zoned appropriately? ✓ Yes No Current ~-rOning• IC-G, Industrial Center General Zoning required for proposed project. Anticipated variances. None anticipated. Page 15 of 20 sAlour docwncntslcontracts11M2610 tax abatement policy.doc 16. Is properly platted? /Yes No Will replatting be necessary l( Yes No 17. Discuss any environmental impacts creal ted by the project. A,. List any permits for which applicant must apply. Applicant will be required to provide City with copies of all applications for environmental permits upon completion of application(s). Building Permit, Grading Permit, SWPPP Permit, TXDOT Permit, CORPS of Engineers Permit, and Subcontractor specific permits such as plumbing, electrical, mechanical, etc. No environmental permits to submit at this time. B. Provide record of compliance to all environmental regulations for the past five years. Not applicable. 18. Provide specific detail of any businesses/residents that will be displaced and assistance that will be available from the requesting company. No businesses or residents will be displaced. 19. Provide description of any historically significant area included within the project's area as determined by the Historic preservation Officer. If any, give detad of how the historically significant area will be preserved. Site is not within a historically significant area, 20. Justification for Tax Abatement Request., Substantlaw and more fully describe the justification for this request. Include the amount of the abatement requested and show how it will contribute to the fmaucial viability of the project. Submit attachments if necessary. Target undertook an extensive site selection process before deciding on Denton, TX for its southern food distribution center. The site in Denton requires oft-site infrastructure improvements to accommodate this facility. Those improvements listed above in #12B are estimated to cost 1,396,500. Due to the current economic climate and the additional costs of the site, target is requesting a property tax abatement that will at minimum offset the various improvements needed. 21. List additional abatement factors to be considered for this project as outlined on pages 3 and 4 of the Tax Abatement Policy, Target's food distribution center is a significant economic development project for the City of Denton. It will employ many professional positions with an above average pay scale, providing the residents of Denton with a now career opportunity. Wage 16 of 20 alma documentslconttact5VO\20I0 tax abaMmentpolicy.doc 22. Financial Information: Attach a copy of the latest audited financial statement or, in the case of a new project, a business plan. See attached. 23. Does the project have an eligible environmentally sustainable or renewable energy component (if so, please identify type and provide a brief description)? None at this time. 24. Applicants seeking LEID certification must complete the Green Building Application for Tax Abatement (Exhibit B of the policy). Not seeking LEED certification. This tax abatement application is submitted with the acknowledgement that additional certified financial information may he required. Autho ' i hate: r J;. Page 17 of 20 TARGET CORPORATION CERTIFICATION BY ASSISTANT SECRETARY (Delegation; Execution of Instruments) I, the undersigned, hereby certify that: 1) I am the duly elected Assistant Secretary of Target Corporation, a corporation formed under the laws of the State of Minnesota (the "Corporation"), and that, as such, I am authorized to execute this Certificate on behalf of the Corporation. 2) That the fallowing is a true and correct excerpt from the Bylaws of the Corporation and that as of the date hereof the same remains in full force and effect: Section 3.10. Delegation; Execution of Instruments (a) Unless prohibited by the Board, an officer may, without the approval of the Board, delegate some or all of the duties and powers of his or her office to other persons. (b) All contracts, deeds, mortgages, notes, checks, conveyances, releases of mortgages and other instruments shall be signed on behalf of the corporation by the Chief Executive Officer, the President, the Chief Financial Officer, the Treasurer, or any Vice President, or by such other person or persons pursuant to delegated authority or as may be designated or authorized from time to time by the Board or by the Chief Executive Officer. 3) Attached hereto as Exhibit A is a true and correct copy of a Certificate of Delegation duly executed by John D. Griffith, the duly elected Executive Vice President, Property Development of the Corporation, and such Certificate has not been amended, modified or rescinded and is currently in full force and effect. 4) Attached hereto as Exhibit B is a true and correct copy of a Certificate of Delegation duly executed by Scott Nelson, the duly elected Senior Vice President, Real Estate of the Corporation, and such Certificate has not been amended, modified or rescinded and is currently in full force and effect. 5) John Griffith is the duly elected, qualified and incumbent Executive Vice President, Property Development of the Corporation and is currently employed by the Corporation. 6) Scott Nelson is the duly elected, qualified and incumbent Senior Vice President, Real Estate of the Corporation and is currently employed by the Corporation. 7) Each Authorized Signatory identified on Exhibit B is currently employed by the Corporation. Document # 951133v2 Exhibit D IN WITNESS WHEREOF, I have executed this Certificate the day of 20 TARGET CORPORATION By.-. Terri K. Si rd Assistant Se e ACKNOWLEDGEMENT STATE OF MINNESOTA ) } ss. COUNTY OF HENNEPIN ) Terri Simard, known by me personally to be the Assistant Secretary of Target Corporation, a Minnesota corporation, on behalf of the Corporation, acknowledged the foregoing instrument before me on this day of , 20-. Notary Public: My Commission Expires: Notary Seal: Document # 9511332 ESIT A TARGET CORPORATION CERTIFICATE OF DELEGATION Real Estate - Stores and Corporate Real Estate 1, John D. Griffith, Executive Vice President, Property Development of Target Corporation, a Minnesota corporation, being authorized and empowered to do so pursuant to the By-laws of the Corporation, do hereby designate SCOTT NELSON, as an authorized signatory of Target Corporation (hereinafter referred to as the "Corporation), effective as of the date of execution hereon, and hereby delegate to said authorized signatory the power and authority to fully bind the Corporation, and to negotiate, make, enter into, execute, deliver and attest on behalf of tyre Corporation any aid all contracts, agreements and other documents and 1'11struMerrts Made by or entered into on behalf of the Corporation, including, but not limited to, deeds, mortgages, notes, conveyances, land purchase contracts, options, real and personal property leases and subleases, assignments, easements and other agreements conveying or receiving an interest in land, maintenance contracts, management contracts, construction agreements, reciprocal easement agreements, waivers, consents, bonds, guaranties, licenses and permits {and applications for same}, and other instruments, and to take such action as he deems necessary, advisable or convenient to execute and deliver such contracts, agreements and other instruments on behalf of the Corporation. The authorized signatory may delegate some or all of his power and authority to perform and carry out the duties and responsibilities contemplated by this action to such other person or persons with such limits and conditions as he, in his sole discretion, may impose, provided that such delegation is in writing. The delegation of any such dtirties and responsibilities by the authorized signatory shall in no way dirnimsh the authorized signatory's right to exercise the power and authority granted hereby- A copy of this certificate accompanied by a certificate of the Secretary or Assistant Secretary of tiae Corporation shall constitute all the evidence necessary to indicate and substantiate the due power and authority of said authorized signatory to perform the tasks contemplated by this action. The power and authority granted hereby shall continue in full force and effect until revoked or canceled either- by action of the Corporation or the undersigned, or immediately upon cessation of the authorized signatory's ernployment by the Corporation. Notwithstanding the revocation, cancellation or cessation of the power and authority granted in this certificate, any delegation made by the authorized signatory pursuant to this certificate shall continue in full force and effect until revoked or canceled either by action of tyre Corporation ox the undersigned. Dated effective as of the day of )2010. TARGET CORPORATION By: eat, Prop erly Wvcloen Document4: 1002M vcrsiowV1 ACKNOWLEDGEMEN"F i STATE OF MINNESOTA } ss. COUNTY OF HENNEPIN ) John D. Griffith, known by me persornally to be the Executive Vice President, Property Develcpment of Target Corporation, a Minnesota corporation, On behalf of the Corporation, acknowledged the foregoing instrument before me this I S`~ day of 2010. Notary Riblic. My Commission Expires: 3 1 /a0.1.5 Notary Seal: ww DEANNA OLSON NOTARY PUBLIC- MINNESOTA MY COmNREM EXPIRES MI.2015 DoCUMCM 9: 1002078 Ven ion:vi EXHIBIT B TARGET CORPORATION CERTIFICATE OF DELEGATION REAL ESTA'T'E - STORES I, Scott Nelson, Senior Vice President, Real Estate of Target Corporation, a Minnesota corporation, being authorized and empowered to do so pursuant to the By-Laws of Target Corporation, do hereby revoke that certain Certificate of Sub-Delegation dated December 4, 2009, and do hereby delegate to each of JOAN AHRENS, JANE BORDEN, CHRIS CASE and DIETRICH HAAR, each as an "Authorized Signatory" of Target Corporation including its Target Stores division (hereinafter referred to colleetively as the "Corporation"), effective as of the date of execution hereof, the power and authority to fully bind the Corporation and to snake, execute, deliver and attest on behalf of the Corporation any and all contracts, agreements and other documents made by or entered into on behalf of the Corporation, including, but not limited to, deeds, mortgages, notes, conveyances, land purchase contracts, options, real and personal property leases and subleases, assignments. easements and other agreements conveying or receiving an interest in land, maintenance contracts, management contracts, construction agreements, reciprocal easement agreements, waivers, consents, bonds, guaranties, licenses and permits (and applications for sarne), and other instruments, and to take such action as each and any of them deem necessary, advisable or- convenient to execute and deliver such contracts, agreements and other instruments on behalf of the Corporation. Each and any such Authorized Signatory is directed to do and perform any and all other acts and duties necessary or incidental to the performance and execution of the power and responsibility herein expressly granted. A copy of this certificate accompanied by a certificate by the Secretary or Assistant Secretary of the Corporation shall constitute all the evidence necessary to indicate and substantiate the due powe€ and authority of each said Authorized Signatory to perfonn such tasks. The authority granted hereby shall continue in full force and effect as to each Autborized Signatory until revoked or cancelled by action of the Corporation or the undersigned, or immediately upon cessation of the Authorized Signatory's employment by the Corporation. Dated effective as of the A day of Maw- 12010. TARGET CORPORATION, a Minnesota corporation By: - Sco lson Senior Vice President, Real Estate Ducu:tent V: 942372v4 ACKNOWLEDGEMENT STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN } Scott Nelson, known by i-ne personally to be the Secior Vice President, Real Estate of Target Corporation, a Minnesota corporation, on behalf of the Corporation, acknowledged the foregoing instrinrrent before me this ___ta day of, ~ , 2010. 5 a r DEANNAOLSON Notary Public Notary Se Osi~~s,~.sg~is My Commission Expires: I/ t~~-~+5 Document 0. N2372v4 txhlbl I A TARGET CORPORATION CERTIFICATE OF DELEGATION 1, Gregg W. Steinhafel, Chief Executive Officer of Target Corporation, a Minnesota corporation, being authorized and empowered to do so pursuant to Section 6.01 of the By-Laws of the Corporation, do hereby delegate to SCOTT NELSON and TERRI SIMARD, as Authorized Signatories of Target Corporation including its Target Stores division (hereinafter referred to collectively as the "Corporation), effective as of the date of execution hereon, the authority to fully bind the Corporation, and to make, execute, deliver and attest on behalf of the Corporation any and all contracts, agreements and other documents made by or entered into on behalf of the Corporation, including, but not limited to, deeds, mortgages, notes, conveyances, assignments, management contracts, maintenance contracts, land purchase agreements, license agreements, construction agreements, reciprocal easement agreements, options, waivers, consents, real property and personal property leases and sub-leases, bonds, guaranties, licenses and permits, and applications for same, and other instruments, and to take such other action as each and any of them deem necessary, advisable or convenient to execute and deliver such contracts, agreements or other instruments on behalf of the Corporation. Any such Authorized Signatory may delegate their authority and power to such other person or persons as they may designate in writing. A certificate of the Secretary or Assistant Secretary of the Corporation shall constitute all the evidence necessary to indicate and substantiate the due authority of said Authorized Signatories to perform the tasks contemplated by this action. The authority granted hereby shall continue in full force and effect until revoked or canceled either by action of the Corporation or the undersigned, or immediately upon cessation of the Authorized Signatories' employment by the Corporation. Dated effective as of the I" day of May 2008. TARGET CORPORATION (A Minnesota Corporation) By: 4g2g te inhafei Chief Executive Officer Doeument#:488396 Vcrsfon:vI ACKNOWLEDGEMENT STATE OF MINNESOTA ss. COUNTY OF HE- NEPIN ) Gregg W. Steinhafel, known by me personally to be the Chief Executive Officer of Target Corporation., a Minnesota corporation, on behalf of the Corporation, acknowledged the foregoing instrument before me this I" day of May 2008. Notary Public: My Commission Expires: ~ - Notaty Seal: DA=NU NOTARY kly Camrr~i Document 9: 488396 VersiowvI TARGET CORPORATION CERTIFICATE OF SUB-DELEGATION REAL ESTATE - CORPORATE I, Scott Nelson, Senior Vice President - Real Estate. of Target Corporation, a Minnesota corporation (hereinafter referred to as the "Corporation"), `being authorized and empowered to do so pursuant to the By-Laws of the corporation, do hereby revolve that certain Certificate of Sub-Delegation dated May 6, 2009, and do hereby delegate to DAVE MARQUIS, as an "Authorized Signatory" of the corporation, effective as of the date of execution hereof, the power and authority to fully bind the Corporation and to make, execute, deliver and attest on behalf of the Corporation any and all contracts, agreements and other documents made by or entered into on behalf of the Corporation, including, but not limited to, deeds, mortgages, notes, conveyances, land purchase contracts, options, real and personal property leases and subleases, assignments, easements and other agreements conveying or receiving an interest in land, maintenance contracts, management contracts, construction agreements, reciprocal easement agreements, waivers, consents, bonds, guaranties, licenses and permits (and applications for same), and other instruments, and to take such action as he deems necessary, advisable or convenient to execute and deliver such contracts, agreements and other instruments on behalf of the Corporation. Such Authorized Signatory is directed to do and perform any and all other acts and duties necessary or incidental to the performance and execution of the power and responsibility herein expressly granted. A copy of this certificate accompanied by a certificate by the Secretary or Assistant Secretary of the Corporation shall constitute all the evidence necessary to indicate and substantiate the due power and authority of said Authorized Signatory to perform such tasks. The authority granted hereby shall continue in full force and effect as to the Authorized Signatory until revoked or cancelled by action of the Corporation or the undersigned, or immediately upon cessation of the Authorized Signatory's employment by the Corporation. Dated effective as of the 41day of December, 2009. TARGET CORPORATION, a Minnesota corporation By.. Sco Ison Senior cc President - Real Estate ACKNOWLEDGEMENT STATE OF MINNESOTA ) ss. COUNTY OF HENNEPiN ) Scott Nelson,-known by me personally to be the Senior Vice President Deal Estate of Target Corporation, a Minnesota corporation, on behalf of the Corporation, acknowledged the foregoing instrument before me this day of December, 2009. Notary Public N otar Seta.. • . JESSICA BROICH NOTARY PUR{ !C . RNNE5OTA y "y CC)Pa'11S,1C3RI `A„ F:,PRES JAN. 39, 2093 My Commission Expires: h ° EXHIBII c TARGET CORPORATION CERTIFICATE OF SUB-DELEGATION I, Terri Simard, Vice President - Law of Target Corporation, a Minnesota corporation, being authorized and empowered to do so pursuant to a Certificate of Delegation dated May 1, 2008, do hereby delegate to JOE NUNEZ, as Authorized Signatory of Target Corporation including its Target Stores division (hereinafter referred to collectively as the "Corporation), effective as of the date of execution hereon, the authority to fully bind the Corporation, and to make, execute, deliver and attest on behalf of the Corporation any and all contracts, agreements and other documents made by or entered into on behalf of the Corporation, including, but not limited to, deeds, mortgages, notes, conveyances, assignments, management contracts, maintenance contracts, land purchase agreements, license agreements, construction agreements, reciprocal easement agreements, options, waivers, consents, real property and personal property leases and sub-leases, bonds, guaranties, licenses and permits, and applications for same, and other instruments, and to take such other action as each and any of therm deem necessary, advisable or convenient to execute and deliver such contracts, agreements or other instruments on behalf of the Corporation. A certificate of the Secretary or Assistant Secretary of the Corporation shall constitute all the evidence necessary to indicate and substantiate the due authority of said Authorized Signatory to perform the tasks contemplated by this action. The authority granted hereby shall continue in full force and effect until revoked or canceled either by action of the Corporation or the undersigned, or immediately upon cessation of the Authorized Signatory's employment by the Corporation. Effective as of the day of 2008, TARGET CORPORATION (A Minnesota Corporation) r By: - T i ad Vice resident - w DOGUmen[ 488393 Vusioo,vl ACKNOWLEDGEMENT STATE OF MINNESOTA ) } ss. COUNTY OF HENNEPIN ) Terri Simard, known by me personally to be the Vice President - Law of Target Corporation, a Minnesota corporation, on behalf of the Corporation, acknowledged the foregoing instniment befjemae s d ay of 2008. Notary Public: 0 (jp ~ , - MyCornmissionExpires' 1/3 al U Notary Seal: DEANNA OLSON NOTARY PUBLIC-MINNESOTA Joy c mmiuim E*"i .31, Iota r r i i I i i)ocument X00071 Version: 1 AGENDA INFORMATION SHEET AGENDA DATE: October 5, 2010 DEPARTMENT: Planning and Development ACM: Fred Greene SUBJECT Z09-0013 (Bonnie Brae Medical Park) Consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change from a Neighborhood Residential 3 (NR-3) zoning district classification and use designation to a Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation on tracts 256, 257, 258, 260 and 261 of the E. Puchalski survey, with an overlay district on those same tracts, plus tract 263, containing additional restrictions as noted; the area for the zoning change encompasses approximately 4.678 acres of land located at the northeast corner of North Bonnie Brae Street and West Oak Street, in the City of Denton, Denton County, Texas. The Planning and Zoning Commission recommended approval of the rezoning of six (6) of the seven lots from Neighborhood Residential 3 (NR-4) to Neighborhood Residential Mixed Use (NRMU) subject to overlay conditions, as provided in Exhibit 13 (5-1). BACKGROUND The subject property is comprised of seven (7) separate tracts of land generally located at the northeast corner of North Bonnie Brae Street and West Oak Street. On July 19, 2010, the applicant requested that the tract located at 2286 West Oak Street be removed from their request. The property surrounds an existing single-family parcel fronting Bonnie Brae Street that is not included in this rezoning request. Six (6) of the properties are currently developed with residential uses, and one (1) property (at the corner of Bonnie Brae and West Hickory) operated as a Special Exception retail sales and service, although this stricture is currently unoccupied. The applicant is requesting a zoning change to Neighborhood Residential Mixed Use (NRMU), subject to overlay restrictions. The applicant has stated that the purpose of this rezoning request is to develop the site with medical-related and commercial uses not currently allowed. The applicant held a neighborhood meeting on July 14, 2009 at North Lakes Recreation Center, which was attended by approximately 17 members of the public, as well as staff and the applicant. The residents voiced many concerns related to the impact of the proposed rezoning on the adjacent neighborhood. The concerns included: (1) proximity to a historical district; (2) increased traffic and the impact on traffic if ingress and egress is allowed from Oak Street; (3) lighting impacts; and (4) regulations for architecture and signs that will be compatible with the adjacent historic district. Representatives of the West Oak Neighborhood have submitted an official list of their concerns and opposition to the requested rezoning (Exhibit 16). Subsequent to the first neighborhood meeting, the applicant has acquired additional property that has been incorporated into this request. The applicant has also met with the West Oak Neighborhood Steering Committee. The applicant has scheduled a meeting with the neighborhood for September 15, 2010, and staff will report on that meeting when the public hearing continues. Another neighborhood meeting was held on July 15, 2010, and there were approximately 13 neighbors in attendance (plus 2 staff and 3 applicant representatives). The main proposal presented by the applicant was regarding the allowed uses of the property. Specifically, allowing office use by right on the entire property, and office or commercial uses (also by right) at the corner of West Oak and Bonnie Brae Streets, provided that the use at the corner of the streets not exceed 7,500 gross square feet; all other uses (or larger uses at the corner) would require an SUP. The applicant also solicited input on whether 2286 West Oak should be removed from the request. Several of the attendees were of the opinion that the proposed uses (medical and commercial at the subject corner) were acceptable, provided they were laid out well and adequate landscaping and buffering (a masonry fence versus a stone fence was mentioned, but no consensus reached) were provided. Additionally, there was discussion that having exclusively medical uses would not really provide a service to the neighborhood, and they would prefer to have retail or small caf6/donut shop, etc, type uses included to provide a neighborhood destination for area residents to walk for these service. A public hearing for this case was opened on June 15, 2010, continued until July 20, 2010, and continued a second time to September 21, 2010 in order to allow the applicant to meet with the neighbors and staff to reach some agreements on the restrictions to be placed on the development of the subject property. The Planning Division sent notices of the public hearing (Exhibit 6) to all residents within 500 feet of the subject property; as of this writing, three (3) responses have been received in opposition of the request, eight (8) property owners have submitted responses in favor of the request, and one (1) has been submitted from property owners that are neutral to the request. The current responses indicate opposition of 11.1% of the owners of the land area within two hundred feet (200') of the property that is the subject of the rezoning request. Therefore, a supermajority vote of the City Council is no longer required if the Planning and Zoning Commission recommendation of approval is accepted. On April 14, 2010, the Planning and Zoning Commission heard the request, and continued the public hearing to April 28, 2010 to allow the applicant to address concerns voiced at the public hearing. The applicant proposed additional overlay restrictions (Exhibit 9) based on the concerns of the neighbors raised at the public hearing, and submitted in writing. Staff has included a number of the revised restrictions in their recommendation. The Planning and Zoning Commission recommended approval of the rezoning of six (6) of the seven (7) lots from Neighborhood Residential 3 (NR-4) to Neighborhood Residential Mixed Use (NRMU) subject to overlay conditions, as provided in Exhibit 13 (5-1). 'iis ca: s~ J by Coy 11 as air 1 1= 1 scve ai orl aD( 1 f " CO 116 the ca` 01 v ~vrlrr irrc r. Staff w klcfi s I Use 2 s. Fc the s f~ s : A. Perimeter Fences. Perimeter fences are not m,,m&toi7-; ho-vt-ever, when used, all perimeter fences or walls shall be constricted in compliance with applicable Code of Ordinance provisions, and are subject to the following additional recliiiremeiits: 1. Perimeter Fence Materials. Perimeter fences shall be constricted of wood, wrought iron, niasoiirt-, brick, vinyl, PVC, or composite material, and shill be designed and constricted to allow proper drainage flow. The structural support inembers of ,-oodeii perimeter fences shall be located on the interior of the fence and shill not be risible from public. view. Nataural vegetative edge roar is also permitted. 2. Security- Fences. Barbed wire, razor wire or electrified fences niat- only be used when necessitated by an allowed agricultural or industri"il use. 3. Fence Height. Fences constricted along rear and side property- lines shall not emceed eight (8) feet in height. Fences that :are constructed in front yards or foiv-,-ard of the front building line shall not emceed three and one-half (3 1 /2) feet in height. 4. Fence Location. Fences shall not be located IVithui and- right-of-way, eisement, designated fire lane, or within aiiy required parking spaces. Fences shall not obstruct s,,ife vehicular or pedestrian passage; Ill gresses or egresses; nor shall they obscure and i, balm- lines or sight visibility- triangles. 5. Setback. Perimeter fences shall be setback at least ten (10) feet from the edge of right-of,"-.i~- p,ivenient or five (5) feet from side-walks, -,z-hiclies-er is greater. The measurement associated with the side,,u-alk shall be taken from the edge of the sidew.ilk that is closest to the property- Brae or the edge of the sidewalk furthest from the centerline of the road. 6. Clear Visibilit}% Area. A vision cle.irmce area ineeting the standards contained in the Tmiisportatioia C=riteria ~l.inaa.al shall be provided it all intersections. Section IT O Are _ "111 sc t » -r'enc a~ '.r+1,; ; l ~r rry ~cf c c f Ure ec 'ot, o. l (C an than five (5)~ "r [ i A side t. C. s d, l of s - , hall be -J ; c f,_ Hoy ire, C t. ...d w... 11- a is t: base to prosecUtiol.. the perina a r fence tc repla-', is of .a~aaa coil Ictlol"i. Irb, tb( c.. . a 1s clear of tra., B i >S SUbsectiml if < )w1,1er c< " rS d Mat the owner is i,i,- `--d to ~,,t ~ J I SUai'it h1 r1 be viewed .c ..way a whose cc as for OPTIONS 1. Approve as submitted. 2. Approve subject to conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION The Development Review Committee recommends denial of this rezoning request, as proposed by the applicant; however, the Committee recommends approval of the rezoning of six (6) of the properties to NRMU (as depicted in Exhibit 12) with a restrictive overlay to prohibit multi- family uses, veterinarian clinics and bakeries, and to prohibit attached single-family dwellings, dwellings above businesses, hotels, semi-public halls, clubs and lodges, and business and trade schools, to limit building heights to 40 feet, as provided in Exhibit 12. Staff also recommends that the existing NR-3 zoning on the lot directly adjacent to the West Oak Area Historic District be maintained as currently zoned. The Planning and Zoning Commission recommended approval of the rezoning of six (6) of the properties to NRMU (as depicted in Exhibit 13) with a restrictive overlay to prohibit multi- family uses, veterinarian clinics and bakeries, attached single-family dwellings, dwellings above businesses, hotels, semi-public halls, clubs and lodges, and business and trade schools, to limit building heights to 40 feet, as outlined in Exhibit 13. EXHIBITS 1. Staff Analysis 2. Location Map 3. Aerial Photograph of Site 4 4. Future Land Use Map 5. Existing Zoning Map 6. Notification Information 7. Zoning Analysis 8. Original Letter From Applicant 9. Proposed Zoning Map and Overlay Restrictions, as Requested by Applicant Prior to July 19, 2010 10. Proposed Site Plans and Overlay Restrictions, as Requested by Applicant on July 19, 2010 11. Proposed Overlay Restrictions, as Requested by Applicant on August 24, 2010 12. Proposed Zoning Map and Overlay Restrictions, as Suggested by Staff 13. Proposed Zoning Map and Overlay Restrictions, as Recommended by the Planning and Zoning Commission 14. Site Photographs 15. Bonnie-Brae-Ector Street Small Area Plan Action Summary 16. Letter from West Oak Neighborhood Representatives 17. Responses to Public Notification 18. Excerpt from the Minutes from the Planning and Zoning Commission Meeting of April 14, 2010 19. Excerpt from the Minutes from the Planning and Zoning Commission Meeting of April 28, 2010 20. Ordinance i _ m a m _ _1 Prepared and Respectfully submitted by: r Chuck Russell, AICP Interim Planning Manager 5 EXHIBIT 1 PLANNING & DEVELOPMENT STAFFANALYSIS CASE NO.: Z09-0013 DATE TO BE CONSIDERED: October 5, 2010 LOCATION: The subject property is generally located at the northeast corner of North Bonnie Brae Street and West Oak Street. APPLICANT: Spring Brook Planning Group 2405 Mustang Drive Grapevine, TX 76051 OWNER: Berdy Tj andramulia 1900 Sam Bass Denton, TX 76205 REQUEST: Rezone approximately 4.678 acres of land from a Neighborhood Residential 3 (NR-3) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district. RECOMMENDATION: The Development Review Committee recommends denial of this rezoning request, as proposed by the applicant; however, the Committee recommends approval of the rezoning of six (6) of the properties to NRMU (as depicted in Exhibit 12) with a restrictive overlay to prohibit multi-family uses, veterinarian clinics and bakeries, as offered by the applicant, and to prohibit attached single- family dwellings, dwellings above businesses, hotels, semi-public halls, clubs and lodges, and business and trade schools, to limit building heights to 40 feet, as proposed by the applicant. Staff also recommends that the existing NR-3 zoning on the lot directly adjacent to the West Oak Area Historic District be maintained as currently zoned. The Planning and Zoning Commission recommended approval of the rezoning of six (6) of the properties to NRMU (as depicted in Exhibit 13) with a restrictive overlay to prohibit multi-family uses, veterinarian clinics and bakeries, attached single-family dwellings, dwellings above businesses, hotels, semi-public halls, clubs and lodges, and business and trade schools, to limit building heights to 40 feet, as outlined in Exhibit 13. COMPREHENSIVE Existing Land Use PLAN DESIGNATION: 6 SITE AND SURROUNDINGS: North: NR-3; Single family residential, church and public park South: DC-G, DR-2; Multi-family and single-family residential, undeveloped property East: NR-3; Multi-family and single-family residential, West Oak Area Historic District West: DC-G; Medical and commercial uses, Denton Municipal Electric Substation BACKGROUND The subject property is currently developed with a 580 square foot INFORMATION: commercial building which was most recently used for retail sales, at the corner of West Oak Street and Bonnie Brae Street (2310 W. Oak Street), one (1) undeveloped lot, and five (5) single family residences. The three (3) properties located on West Oak Street are listed in the Denton Historic Resources Inventory. According to the Inventory, which was prepared in 1995, the properties, which are located at 2286, 2300, and 2310 West Oak Street, were all identified as Low Priority properties. The Inventory identifies two (2) of the strictures located at 2286 West Oak and 2300 West Oak as being constricted as residences in 1930 and 1945, respectively, and the property located at 2310 West Oak as being constricted as a Service Station in 1940. The Denton Historic Resources Inventory was prepared for informational purposes, and no ordinances or regulations are in effect which specifically govern any of the properties listed in the Inventory. The Preservation Priorities assigned in the Historic Resources Inventory were based on the Texas Historical Commission and the National Park Service guidelines. Low Priority ratings are indicative that the resource is a more recent common local building form or architectural style and has no known historical associations, and has been severely altered by remodeling or deterioration. The subject property is directly adjacent to the West Oak Area Historic District, which was officially created by adoption of an ordinance in 2008. The West Oak Area Historic District includes a sub-area of the West Oak Neighborhood. ANALYSIS: Comprehensive Plan The property is located in an area with a Future Land Use designation Analysis: of "Existing Land Use/Infill Compatibility". The intent of this Future Land Use designation is described in the Denton Plan: "Within established residential areas, new development should respond to existing development Nvith compatible land uses, patterns, and design standards. The plan recommends that existing neighborhoods Nvithin the city be vigorously protected and preserved. Housing that is compatible Nvith the existing density, neighborhood service, and commercial land uses is allowed." 7 The proposed zoning district, Neighborhood Residential Mixed Use (NRMU), and the existing zoning district, Neighborhood Residential 3 (NR-3) are both within the family of the Neighborhood Residential Land Use category. The Neighborhood Residential Land Use category was created to preserve and protect existing neighborhoods and to ensure that any new development is comprised of uses that are compatible with existing land use, patterns and design standards to ensure protection of the existing neighborhood, staff is recommending that the property located at 2286 West Oak be maintained under the current NR-3 zoning designation; as doing so will provide a defined area of commercial zoning parallel to Bonnie Brae Street, while protecting the integrity of the existing residential neighborhood to the east and the West Oak Area Historic District by minimizing further encroachment of non-residential zoning districts into the area that does not accommodate or support single-family residential uses. The Denton Plan states a forum should be developed to address neighborhood quality of life issues, and a staff liaison will provide information and support to neighborhood groups. In 2009, the City created the City of Denton Neighborhood Planning Program (CDNPP). The CDNPP purpose is to partner with Denton's residents in order to revitalize and/or preserve area neighborhoods. During the Spring of 2009, the CDNPP attended a walking tour of the West Oak neighborhood. The walking tour revealed a significant historical inventory, a diversity of housing styles as well as types. The tour also revealed a lack of physical improvements such as sidewalks, and a destabilization trend from homeownership to rental. Due to these factors, the West Oak neighborhood was included in the Planning and Development Department's 2009-2011 Strategic Plan for consideration of a Neighborhood Quality of Life Plan. Even though the proposed request meets the intent of the Denton Plan, the continual encroachment of commercial uses into this neighborhood may intensify this destabilization trend. At the July 20, 2010 City Council meeting, it was requested that staff provide an update on the Bonnie-Brae-Ector Street Small Area Plan. This update has been provided in Exhibit 15 that is included in this report. On August 24, 2010, the applicant sent the revised proposed overlay restrictions in Exhibit 11. The applicant stated that instead of identifying uses (prohibited, permitted and permitted by SUP) separately, they are now referenced in table form. He is also proposing Parks and Open Space and Churches be permitted by right instead of by SUP as conveyed in the current draft ordinance. 8 Finally, the applicant is proposing to restrict retail uses on the property by stating that they are "permitted within 140 feet of W. Oak and limited to no more than 7,500 square feet of gross floor area per use. These uses are permitted greater than 140 feet from W. Oak with approval of an SUP". The attached ordinance (see Exhibit 20) reflects the Planning and Zoning Commission's recommendation for approval with conditions and does not reflect any of the applicant's proposed modifications listed above. This draft ordinance is unchanged from what was presented to the Council on June 15 and July 20, 2010. Development The current zoning designation, Neighborhood Residential 3 (NR-3), Code/Zoning Analysis is primarily a single-family residential zoning district. The requested zoning district, Neighborhood Residential Mixed Use (NRMU), is primarily a commercial zoning district which permits commercial uses at a scale intended to serve a neighborhood area. The applicant is proposing a restrictive overlay to exclude multi-family uses, as well as the two Industrial Uses permitted by right in the NRMU zoning district; bakeries and veterinarian clinics. Within a half-mile radius of the subject property, there are two (2) main Future Land Use Categories; Existing Land Use/Infill Compatibility to the north and east of the subject site, and Downtown University Core to the west and south of the subject site. Within the Existing Land Use/Infill Compatibility Future Land Use area, there are approximately 38.834 acres of undeveloped property zoned NRMU (Exhibit 7) within a half-mile radius; however, this property is almost entirely within the Rayzor Ranch Overlay District, which governs the uses and the design guidelines. The property that is currently zoned NRMU that is not within the Rayzor Ranch Overlay District, was rezoned from NR-3 to NRMU in 2009 (Ordinance 2009- 102). Bonnie Brae Street and West Oak Street are both classified as Secondary Major Arterial roadways. The surrounding area along Bonnie Brae is developed with commercial and medical uses, similar to those proposed for the subject site, in addition to single family uses on the east side of Bonnie Brae Street, north of the subject site. To the west of the subject site is a mixture of small-scale medical offices, long term care facility and hospital-related uses. Oak Street is also developed with medical and commercial uses to the west of the subject site, and single-family, multi-family, and institutional uses (University of North Texas campus) to the east of the subject site. 9 Rezoning a portion of the property to NRMU, as proposed by staff, will likely result in development that is compatible with the surrounding uses, while offering a distinct boundary between existing and proposed commercial uses and the existing residential area and the West Oak Area Historic District directly to the east. If the subject property is rezoned and developed with commercial or medical uses, provisions in the Denton Development Code will assist in creating a transition buffer between the existing single-family residential uses and any new commercial development. Within the proposed zoning district, NRMU, a building setback of at least twenty (20) feet is required in yards that abut single-family uses or zoning districts. If a building is taller than twenty (20) feet, an additional one (1) foot of building setback is required for each additional foot of building height. The rezoning boundaries, as proposed by the applicant, are approximately 370 feet at its widest point, as measured in a west-east direction. If the lot at 2286 West Oak is removed from the property configuration (as recommended by staff), the widest point of the property will then be approximately 275 feet, as measured in a west-east direction. Decreasing the size of the property involved in the rezoning will assist in ensuring that any buildings constricted on the site are in a scale compatible with the surrounding residential uses, and will limit the opportunities for vertical constriction. In addition to the increased building setbacks, a Type C buffer will be required to offer a landscape transition between the residential uses and any new commercial uses. A Type C buffer consists of a fifteen (15) foot wide planted strip along the boundary between the two (2) uses, with a combination of plantings to include six (6) evergreen and deciduous trees and twenty-five (25) shrubs for every one hundred (100) linear feet of the buffer area. The property located at 2286 West Oak provides a well-landscaped area that will offer a further transitional buffer area between the area proposed for rezoning and the existing residential neighborhood to the east. The general regulations of the existing zoning district, Neighborhood Residential 3 (NR-3), and the requested zoning district, Neighborhood Residential Mixed Use (NRMU) are presented in Table 1. The differences between the existing zoning district, NR-3, and the requested zoning district, NRMU, are summarized in Table 2. Uses that do not appear in the Table 2 are regulated in the same manner for both zoning districts. 10 Table 1. Comparison of General Regulations of the NR-3 and NRMU zoning districts: Regulations General Minimum lot area (square feet) 10,000 2,500 Minimum lot width 60 feet 20 feet Minimum lot depth 80 feet 50 feet Minimum front yard setback 15(f2) t None Minimum side yard 6 feet 6 feet Minimum side yard adjacent to a street 10 feet None Minimum rear yard 10 feet None Regulations General Maximum density, dwelling units per acre 3.5 30 Minimum side yard for non-attached 6 feet 12 feet buildings Maximum lot coverage 50% 80% Minimum landscaped area 55% 20% Maximum building height 40 feet 65 feet 10 feet 20 feet plus 1 foot plus 1 foot for each for each Minimum yard when abutting a single- foot of foot of family use or district building building height height above 20 above 20 feet feet 11 Table 2. Comparison of permitted uses between NR-3 and NRMU Zoning Districts. Residential Land Use Categories NR-3 NRNIU Single Family Dwellings P N Accessory Dwelling Units SUP N Attached Single Family Dwellings SUP L(40) Dwellings Above Businesses N P Live/work Units N P Group Homes N SUP Multi-Family Dwellings N SUP L(4) Commercial Land Use Categories Hotels N P Bed and Breakfast N P Retail Sales and Service N L(17) Restaurant or Private Club N L(11) Drive-through Facility N SUP Professional Services and Offices N L(17) Quick Vehicle Servicing N SUP Laundry Facilities N P Outdoor Recreation P SUP Administrative or Research Facilities N L(14) Broadcasting of Production Studio N L(14) Industrial Land Use Categories Bakeries N L(21) Veterinary Clinics N P Institutional Land Use Categories M19HOM0911"kAdt Community Service N P Semi-public, Halls, Clubs, and Lodges SUP P Business / Trade School N L(14) 12 Adult or Child Day Care SUP P Kindergarten, Elementary School SUP P Middle School N P High School N SUP Elderly Housing N P Medical Centers N P Table Legend: P - Permitted N - Not permitted SUP - Specific Use Permit 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(11) = Limited to sit down only, and no drive up seivice permitted. Limited to no more than 100 seats and no more than 4,000 square feet of restaurant area. L(14) = Uses are limited to no more than 10,000 square feet of gross floor area. L(17) = Uses are limited to no more than 25,000 square feet of gross floor area per use, except grocery stores may be larger with approval of an SUP. L(21) = Bakery and bottling areas not to exceed 2,500 square feet. Sales on premises of products produced required in this zone. L (40) =Limited to a maximum 12 units per acre. 13 DEPARTMENT AND The Development Review Committee (DRC) has reviewed this AGENCY REVIEW: application, and the applicant has supplied all requested information related to the rezoning request. The DRC Engineering Department has provided the applicant with comments related to site design standards and criteria that must be addressed at the time of platting. FINDINGS: Section 353.4.B of the DDC establishes the general criteria for zoning amendment approval. The criteria are as follow: The proposed rezoning conforms to the Future Land Use element of the Denton Plan. It is staff's determination that the proposed Neighborhood Residential Mixed Use (NRMU) zoning district is consistent with the Future Land Use designation of Existing Land Use as defined in the Denton Plan. Given the surrounding uses and the location of the site at the corner of two (2) Secondary Major Arterial roadways, the proposed rezoning to NRMU would be appropriate for the majority of this site, with the exception of the property located at 2286 West Oak Street. The property located at 2286 West Oak Street is distinctly a significant part of the West Oak residential neighborhood, and it is staffs opinion that including this lot in the rezoning would result in encroachment into an existing, cohesive residential neighborhood. The proposed rezoning facilitates the adequate provision of transportation, water, sewer, schools, parks and other public requirements and public convenience. The provision of adequate public facilities for this proposal was reviewed by the Development Review Committee (DRC) during the review period. DRC Engineering has determined that adequate public facilities exist to serve this development, and has provided the applicant with requirements that must be met at the time of platting of the property. Public improvements that will be required include perimeter street improvements, including the extension of Houston Street to Bonnie Brae Street or the granting of a variance to allow Houston Street to end in a cul-de-sac, as well as drainage improvements, possibly including a detention facility. 14 EXHIBIT 2 LOCATION MAP SCRIPTURE O 2 '.Z _ rn rtF HOUSTON ~U SUBJECT _ PROPERTY OAK OAK HICKORY w Q i 15 EXHIBIT 3 AERIAL PHOTOGRAPH OF SITE Q I~ m- ~ nr ; HGU-STGN d rr v~. AM. Y I i' m " OAK 16 EXHIBIT 4 FUTURE LAND USE MAP 1 NEIGHBORHOOD CENTER SCRIPTURE EXISTING LAND USE/ DOWNTOWN UNIVERSITY CORE o INFILL COMPATIBILITY z m m a HOUSTON Q x g0P OAK OAK ICKORY H n w 17 EXHIBIT 5 EXISTING ZONING MAP RCC-D NR-3 RCC-D SCRIPTURE 03 O Z NR-3 U) Q m HOUSTON O DC-G SUBJECT PROPERTY OAK DR-2 DC-G OAK DC-G DR-2 HICKORY v DC-G w a 18 EXHIBIT 6 NOTIFICATION INFORMATION .1100, .00 f' - P SITE ~ I I I~ _ aAk aK i 200 Ft. - Notification L - Boundary Legend Z09-0013 p TE N. tral 'mwor m~[s 200100 0 200 Feet .S 1) Va 1' [ 1 Dppa t Public Notification Date: April 4, 2010 200' Legal Notices* sent via Certified Mail: 29 Number of responses to 200' Legal Notice: ■ In Opposition: 3 ■ In Favor: 8 ■ Neutral: 1 * - A copy of the notification list is available at City Hall West, 221 N. Elm Street, Denton, TX 19 EXHIBIT 7 ZONING ANALYSIS ;.50 Mile dius PIT I rII'I r, ' I ~ ti I I NRMU .25 Mlle Radius RCC-D NR-3 NA r h'r- I' IF;I SITE I~ ~,Ilar I i=- I ~lI DC-G u LL II:L,I ICE - , . L DR-2 I I 1_ I I II- ~ Y -HiGHtflPo i ~ T ~l o L nbvaLe - F ~~~mP i ~ i II ~ I I 1 _ 'PAWAIE Legend Z09-0013 k, QSITE _ Parcels rv Quarter Mlle Streets 800 400 0 800 Feet W+s"E mHalf Mlle 20 EXHIBIT 8 ORIGINAL LETTER FROM APPLICANT C IS r nn r plc December 4, 2009 Mr. Mark Cunningham, AICP Director of Planning and Development City of Denton 221 N Elm Denton, TX 76201 Re: Rezoning application for 4.678 acres generally located at the northeast corner of Bonnie Brae and W. Oak, commonly referred to as 206, 218, 300 & 310 Bonnie Brae and 2286, 2300 & 2310 W Oak. Dear Mr. Cunningham, Mr. Berdy Tjandramulia is proposing to redevelop the majority of the properties (Exhibit 1 - Maps) for medical offices and the hard corner as commercial. The properties are currently zoned Neighborhood Residential 3 (NR-3) and we would be seeking a rezoning to Neighborhood Residential Mixed Use (NRMU) to allow the office use and to accommodate the anticipated lot coverage (Exhibit 2 - Concept Plan). The properties are not platted. The corner lot contains a vacant commercial building and the other lots are currently residential. PROJECT NARRITIVE: The subject property is currently zoned NR-3 and we are seeking NRMU zoning to accommodate the intended use (medical office and commercial). The current NR-3 zoning does allow office or commercial uses. Exhibit 2 is a land use comparison between the existing and proposed zoning districts. Site History: The properties are not platted. Surrounding land uses and zoning: North: Single-family (NR-3) & Historic Overlay District South: Single-family (DR-2), undeveloped (DC-G) & Multi-family (DR-2) East: Hospital, Assisted Living Facility & Convenient Store (DC-G) West: Single-family (NR-3) Existing Site Conditions: • Single-family & commercial structures • Water service is available via an existing 12" line along Oak and an existing 6" line along Houston St. • Sanitary sewer service is available via an existing 8" line along Oak. • The property is relatively flat with some scattered trees (Pecans) • Access to the properties is currently from Oak & Bonnie Brae (both Secondary Major Arterials) • Six residential structures and one commercial structure currently exist on the property. 2405 Mustang Drive / Grapevine, Texas 76051 1469-955-8580 1817-329-4453 (Fax) 21 Proposed Site Conditions: • No major topography alterations are proposed. • Primary access will be from Oak & Bonnie Brae • Medical offices are proposed on the majority of the site with one commercial structure located on the "hard" corner (with associated site improvements). • The residential structures will continue to be rented until development on those properties is proposed. • No Overlay Restrictions are proposed, HOWEVER, to be consistent with Z09-0008 we would be amenable to the following restrictions: o No Industrial Uses ■ Eliminates Bakeries, Veterinary Clinics and Gas Wells o Any residential use would require approval of an SUP ■ Includes Attached Single Family Dwellings, Dwellings Above Businesses, Live Work Units, Group Homes and Multi-family Dwellings. o Multi-family Density would be limited to 12 units per acre. ■ NRMU allows up to 30 units per acre, the proposed 12 units per acre is consistent with NRMU-12 • Denton Development Code Analysis: o It is anticipated that the proposed development will meet or exceed the requirements of the DDC. • Denton Plan Analysis: o This development meets or exceeds many of the stated goals and policies found in the Denton Plan including: Growth Management Policies (Page 21): Zoning should be used as originally intended, to address extreme incompatibilities between land uses. Zoning should be used to identify performance standards that allow land uses in defined districts based on their ability to mitigate potential negative impacts on neighboring properties. A reexamination of the use of zoning as a planning tool should be conducted to reflect community values successfully. Page 23: Based upon the additional residential development and the existing land use mix, the city will need to accommodate approximately 3,000 acres of industrial development, 3200 acres of commercial development, and 2,700 acres of institutional development. The plan encourages infill development, restoration and redevelopment within the existing center city and surrounding the universities. Page 37: Existing Residential / Infill Compatibility Within established residential areas, new development should 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 service, and commercial land uses is allowed. Page 2 of 4 22 Page 41: The role of commercial activity in the city is to provide convenient and available retail, service, and office opportunities to residents of the Denton market area. Commercial activity provides return on investment for business and property owners, employment opportunities for local residents, and an economic base for local taxing entities. Commercial activity generally supports community residential activity, but certain aspects of the retail, service, and office uses such as big-box retail, and service and office headquarters may be more regionally oriented and act as basic elements of the economy. Page 42: Primary Commercial Land-Use Principles: Maintaining Balance It is the desire of the residents of Denton to maintain and enhance the balance between residential and commercial land uses and assessed values in Denton. The redevelopment of this property will increase the assessed value Limiting Strip Development One of the overall goals of the land use plan is to limit the amount of strip commercial development along Denton's arterial streets, collectors, and highways. The expansion and redevelopment of Presbyterian Hospital along with the redevelopment of the medical offices along Oak, the rezoning and future development of the south east corner of Oak and Bonnie Brae (Z09-0008) and the rezoning and future redevelopment of this property will create a medical node /activity center. Demanding Quality The quality of development, particularly commercial development along the city's corridors, is a significant factor in the quality of neighborhoods, the urban environment, and the sustainability of structures. Adequate public facilities shall be a criterion by which zoning is granted Although the DDC ensures a minimum level of quality, this development will be competing against new medical offices that have recently been constructed along Oak and Scripture and thus will in all likelihood exceed the standards within the DDC and enhance the image of the area. We believe that medical office use is compatible with the adjacent land uses and appropriate based on the close proximity of the site with Presbyterian Hospital and adjacency to two Secondary Major Arterials. General Criteria for approval 035.3.4.6 DDC) analysis: 1. A complete application and fee shall be submitted. Response: A complete application & fee was submitted. 2. Applications may be approved when the following standards are met: a. The proposed rezoning conforms to the Future Land Use element of The Denton Plan. Response: The proposed NRMU zoning is consistent with the existing land use designation (Existing Neighborhoods 1 Infill Compatibility). Page 3 of 4 23 b. TII i ll l ii-ill -HI-, _-PHI 'I ° Use Permit rneet the criteria r; '-II-Ii II o : ;Dill 11i ltr ' 11 and conforl-'-13 t I ti I- p I E II3^,;e and intent of The Denton Plan. Response: NlA forzoning amendment. c. T'Ir' F-III-ifiJii NI-I, Ir `Viii; II ;JNI- tll I1-.'r FHII[Ilt dtr' tI,- aijt'g I ~JIi1 U` tl,=lll III ft~ Il rl, 'd ilrl I i I IIII'.`_ II -A~. II'llr<.` i~ llll,Ll T'i~}lh ri-lir It ~.ar,J i.,JL ILw: crl r Ill:lti r. Response: Adequate provisions for public utilities and conveniences exist (see analysis above and PA009-M1 engineering coniments). T erewill be a benefit to the local school district (payment of school tax's but no students to educate) and no impact on parks because this in not a residential development. See Exhibit 3 for l al Description of the property. See Exhibit 4 rl1 I_,tI II II zatian In corll II ill I"II 'hat the lllml[ II r,l] !Iilllllii meets thx' r:il It e - nton Plan a~tll.l is cell Itl [illy tl t[ li' WI 11 111 v J lmllliriljl Nr Aldl ll!II I~I--all~r' 111 ill IfV :.III:: Itt l`_.i J ;1 tl 11 >I (ire I.I. '11i 1t !.ill:' Dlal Itlr' ]I]I'. r"It IT I] will. Fr I, LIt r" Irl HI I t -,I l~,III I, it lll! I I I ti l I I Clr_ it'- I[ a _I [1 ['111 al r 7itIT ali till rlillr I III ll;[,[ Itlrln I 1 thu Illw1 ,i sin it you have any questions please do not h'IT 11r tla LIB 11 - l; ll® . ~~Irll`Sl Elelilt,F'I_tlr1 rat cc: Tnl iral i1li ,~,tt_lcilrtr~ rlt- bt 1 Lin I -,',in n 1_1 rl-II1 1-1-1 -1ps F- li It'_ IIF' Ji IIF-11,"J innilri: CIrrrip_nson F> IIIrt J ~rilie~tr El--,l-riptil-in 1: -I1L-it4: L tt-r-lf,''util-liz~til-ln r ;r rl 4 of 4 24 EXHIBIT 9 PROPOSED ZONING MAP AND OVERLAY RESTRICTIONS, AS REQUESTED BY PRIOR TO JULY 19, 2010 RCC-D NR-3 RCC-D SCRIPTURE 53 O Z NR-3 Q -A m_ HOUSTON p DC-G NRIVILI SUBJECT PROPERTY OAK DR-2 DC-G OAK DC-G DR-2 HICKORY V DC-G Lu Q 25 Z09-0013 Proposed Overlay Restrictions: 1. The following Uses shall be prohibited: a. Agricultural b. Livestock c. Attached SF (townhomes) d. Dwellings above Business e. Multi-Family f. Hotels g. Semi Public Halls, Clubs & Lodges h. Business and Trade Schools i. Bakeries j. Veterinary Clinics 2. Building height shall be limited to 40', a typical commercial building of two stories or less. 3. No new structures shall be constructed on 2286 West Oak. Existing structures, like the swimming pool, gazebo and guest house can be removed, repaired or replaced to serve the same function. 4. Commercial and retail structures (not including professional service and office buildings) shall be limited to 7,500 square feet. An SUP is required for additional square footage. 5. An 8' foot high solid screen fence (good side out) constructed with steel post and a decorative cap shall be constructed in the required buffer yard in lieu of the required buffer shrubs. All required buffer trees shall be planted in accordance with the requirements of the Denton Development Code. Within the overall development internal buffering between uses shall not be required. 6. Non-single family access shall be from Bonnie Brae and/or Oak Street. No non- single family access shall be from Houston Street. Houston Place will not be a thru street to Bonnie Brae. 7. The following architectural standards shall be incorporated into any new building: a. Architectural elements such as awnings, extended overhangs, columns or shutters shall be incorporated into the design of buildings. b. All windows shall be double insulated windows with thermal break and no mirrored glass. c. Flat roofs shall not be permitted. The minimum roof pitch shall be 4:12 and the maximum roof pitch shall be 10:12. d. New buildings shall incorporate alternating roof plate heights. e. Shingles (if used) shall be a minimum 30 year architectural style composition shingle. Z09-0013 Overlay Restrictions April 27, 2010 26 EXHIBIT 10 PROPOSED SITE PLANS AND OVERLAY RESTRICTIONS, AS REQUESTED BY APPLICANT ON JULY 19, 2010 R } Lk-- ~ONPI C) M, l I yl J 1 „..s= R r - - - W. OAK SP. hg Da wERaY hxrE Platy 209-0013 Ong r oTt TJANDRAMULTA DEVELOPMENT o Bonnie Brae /.W- Oak St. SITE PLAN SUBMITTED BY APPLICANT 2286 WEST OAK 27 , m }11-- h„JSTON ?L. l _ } i a ; t w t 4 _ ; a L a i , I ~ ICI E rf ~r t r° W. OAK 5T. d - m R 7 - acrcucwz d 9 2 m - mgrs v n rnr .J o 5~ ~ r ~ Z09-0013 p-Fl-m Rrooki TTANDRAMVLIA DEVELOPMENT I Bonnie Brae / W. Oak 5#. b SITE PLAN SUBMITTED BY APPLICANT . 2286 WEST OAK 28 f `l 9 July 19, 2010 Ms. Jane Gurney City of Denton 221 N Elm Street Denton, TX 76201 Re: Z09-0013 Overlay Restrictions Dear Ms. Gurney: Below are the revised overlay restrictions we will be presenting to City Council: PROPOSED OVERLAY RESTRICTIONS: 1. The following Uses shall be prohibited: a. Agricultural b. Livestock c. Attached SF (townhomes) d. Dwellings above Business e. Dwellings above Business f. Multi-Family g. Hotels h. Business and Trade Schools i. Bakeries j. Veterinary Clinics k. Live Work Units 2. Professional Services and Office use shall be permitted on the entire property. Retail Sales and Services (limited to 7,500 square feet) shall be a permitted use within 140' of W. Oak, a. Prior to obtaining a building permit for the above uses, a site plan shall be approved by the Planning and Zoning Commission. The site plan shall address: i. The architecture of the structures (as addressed below), ii. Buffering of adjacent single family property iii. Houston Street Access 3. Uses not identified above as prohibited or permitted shall require approval of a Specific Use Permit. 4. Building height shall be limited to 40' and/or two stories. 5. A 6' foot high solid screen fence (good side out) constructed with steel post and a decorative cap shall be constructed in the required buffer yard in lieu of the required buffer shrubs. All required buffer trees shall be planted in accordance with the requirements of the Denton Development Code. 29 Z09-00013 Overlay Restrictions Page 2 of 2 6. Access shall be from Bonnie Brae and/or Oak Street. No access shall be from Houston Street. Houston Place shall not be extended and will not become a thru street to Bonnie Brae. 7. Masonry columns approximately 26 feet on center and wrought iron style fencing shall be constructed adjacent to the west end of Houston Street Right of Way. 8. The following architectural standards shall be incorporated into any new building a. Architectural elements such as awnings, extended overhangs, columns or shutters shall be incorporated into the design of buildings. b. All windows shall be Double Insulated windows with thermal break and no mirrored glass. c. Flat roofs shall not be permitted. The minimum roof pitch shall be 4:12 and the maximum roof pitch shall be 10:12. d. New buildings shall incorporate alternating roof plate heights. e. Shingles (if used) shall be a minimum 30 year architectural style composition shingle. f. All new buildings shall be architecturally compatible with each other including, but not limited to similar designs, materials, colors and detailing. If you have any questions regarding these responses please do not hesitate to contact me. Sincerely, Spring Brook Plannin Group a • awre C. Reichha , ASLA, AICP EXHIBIT II PROPOSED OVERLAY RESTRICTIONS, AS REQUESTED BY APPLICANT ON AUGUST 24, 2010 August 24, 2010 Ms. Jane Gurney City of Denton 221 N Elm Street Denton, TX 76201 Re: Z09-0013 Overlay Restrictions Dear Ms. Gurney: Below are the revised overlay restrictions we will be presenting to City Council: PROPOSED OVERLAY RESTRICTIONS: 1. Refer to the Permitted Use Table (Exhibit 1) for a detailed list of permitted uses allowed. 2. Prior to obtaining a building permit a site plan shall be approved by the Planning and Zoning Commission. The site plan shall address: a. The architecture of the structures (as addressed below), b. Buffering of adjacent single family property c. Houston Street Access 2. Building height shall be limited to 40' and/or two stories. 3. A 6' foot high solid screen fence (good side out) constructed with steel post and a decorative cap shall be constructed in the required buffer yard in lieu of the required buffer shrubs. All required buffer trees shall be planted in accordance with the requirements of the Denton Development Code. 4. Access shall be from Bonnie Brae and/or Oak Street. No access shall be from Houston Street. Houston Place shall not be extended and will not became a thru street to Bonnie Brae. 5. Masonry columns approximately 26 feet on center and wrought iron style fencing shall be constructed adjacent to the west end of Houston Street Right of Way. 6. The following architectural standards shall be incorporated into any new building 1. Architectural elements such as awnings, extended overhangs, columns or shutters shall be incorporated into the design of buildings. 2. All windows shall be Double Insulated windows with thermal break and no mirrored glass. 1 Flat roofs shall' not be permitted. The minimum roof pitch shall be 4:12 and the maximum roof pitch shall be 10:12. 4. New buildings shall incorpo ate alternatirg roof plate heights. 31 Z09-00013 Overlay Restrictions Page 2 of 2 5. Shingles (if used) shall be a minimum 30 year architectural style composition shingle. 6. All new buildings shall be architecturally compatible with each other including, but not limited to similar designs, materials, colors and detailing. If you have any questions regarding these responses please do not hesitate to contact me. Sincerely, Spring Brook Plannin Group 70 awre C. Reichha , ASLA, AICP Exhibit 1 - Z09-0013 Permitted Use Table 32 Z09-0013 PERMITTED USE TABLE EXHIBIT I Residential Land Use Categories Agriculture N Home Occupation SUP Livestock N Sale of Products Grown on Site N Single Family Dwellings N Hotels N Accessary Dwelling Units N Motels N Attached Single Family Dwellings N Bed and Breakfast SUP Dwellings Above Businesses N Retail Sales and Service L(41) L(41)= Permitted within 140 feet of W. Oak and Live/Work Units N limited to no more than 7,500 square feet of gross floor area per use, uses are permitted greater than Duplexes N 140 feet from W. Oak with approval of an sup. Community Homes For the Disabled SUP Movie Theaters N Group Homes SUP Restaurant or Private Club SUP & L(11) Multi-Family Dwellings N L(11)= Limited to sit down only, and no drive up service permitted. Limited to no more than 100 seats Manufactured Housing N and no more than 4,000 square feet of restaurant Developments area. P= Permitted, N=not permitted, SUP= Specific Drive-through Facility SUP Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Professional Services and Offices L(17) L(17)= Uses are limited to no more than 25,000 square feet of gross floor area per use, except grocery stores may be larger with approval of an SUP. Quick Vehicle Servicing SUP Vehicle Repair N Auto and RV Sales N Laundry Facilities SUP Equestrian Facilities N Outdoor Recreation SUP Indoor Recreation N Major Event Entertainment N Commercial Parking Lots N Administrative or Research SUP & Facilities L(14) L(14)= Uses are limited to no more than 10,000 square feet of gross floor area. Broadcasting of Production Studio SUP & L(14) Sexually Oriented Business N Temporary Uses SUP & L(38) 33 7SUP Basic Utilities Industrial Land Use Categories Community Service Printing / Publishing N Parks and Open Space P Bakeries N Churches P Manufacture of Non-odoriferous N Semi-public, Halls, Clubs, and Foods Lodges SUP Feed Lots N Business / Trade School N Food Processing N Adult or Child Day Care SUP Light Manufacturing N Kindergarten, Elementary School SUP Heavy Manufacturing N Middle School SUP Wholesale Sales N High School SUP Wholesale Nurseries N Colleges N Distribution Center N Hospital N Wholesale Storage and Distribution N Elderly Housing SUP Self-service Storage N Medical Centers SUP Construction Materials Sales N Cemeteries N junk Yards and Auto Wrecking N Mortuaries N Kennels N Veterinary Clinics N Sanitary Landfills, Commercial N Incinerators Transfer Stations Gas Wells SUP L(27) 34 35.5.2.3 General Regulations. General regulations of the ResidentiA Neighborhood land use zone are contained iii the table below: The following limits apple to subdivision of 2 acres or less: 35.5.2.4 Mixed Use Residential Protection Overlay: \t`lhere necessary- to address the concerns of owners of existing General Regulations NRMU adjacent residential uses that a proposed non-residential or multi- family mixed use allowed by this subdiapter is incompatible, the Minimum lot area (square feet) 2,500 applicant mac consent to the imposition of increased setback, landscaping, screening or buffer regturements along the borders of Minimum lot width 20 feet such existing residential uses, or to the imposition of additional use or performance-based restrictions upon the proposed use. Such additional Minimum lot depth 50 feet modifications or restucoons shall, upon approval, amend the underlying zoning classitrcatron and use designation to add these Minimum front yard setback None supplemental regttrements The ?Nixed Use Residential Protection Overlay may be established through the Zoning Amendment Minimum side yard 6 feet procedure, either as a separate zoning case, or in conjtuhction with m Minimum side yard adjacent to a ernenchuent of the miderlcing named use zoning classification. street None Minimum rear yard None The following limits apply to subdivision of more than 2 acres in lieu of minimtun lot size and dimension requirements: General Regulations Maximum density, dwelling units 30 per acre Minimum side yard for non- 12 feet attached buildings The follmving limits apply to all buildings: General Regulations NRMU Maximum lot coverage 80% Minimum landscaped area 20% Maxim urn building height 65 feet 20 feet plus 1 footfor Minimum yard when abutting a each single- foot of family use or district building height above 20 feet 35 EXHIBIT 12 PROPOSED ZONING MAP AND OVERLAY RESTRICTIONS, AS SUGGESTED BY STAFF RCC-D NR-3 RCC_D SCRIPTURE U3 O Z M NR-3 N ~ a m HOUSTON DC-G O z NP.MU SUBJECT PROPEI,TY OAK DR-2 DC-G DR-2 OAK DR-2 DC-G ❑C-G HICKORY DR-2 „ \ 2 .:r DC-G w Y" 'a 36 Overlay Restrictions Recommended by Staff: 1. The following Uses shall be prohibited: b. c. Attached SF (townhomes) d. Dwellings above Business e. Multi-Family f. Hotels g. Semi Public Halls, Clubs & Lodges h. Business and Trade Schools i. Bakeries j. Veterinary Clinics 2. Building height shall be limited to 40', a typical commercial building of two stories or less. ROO. -A6@ 000 00 th@ RAW . 37 EXHIBIT 13 PROPOSED ZONING MAP AND OVERLAY RESTRICTIONS, AS RECOMMENDED BY THE PLANNING AND ZONING COMMISSION RCC-D NR-3 RC'C-D SCRIPTURE O Z m NR-3 ~ a m HOUSTON DC-G z NRIOU SUBJECT PROPERTY 0 K DR-2 DC-G DR-2 OAK DR-2 DC-G DC-G HICKORY DR-2 DC-G ui 38 Overlay Restrictions Recommended by Planning and Zoning Commission: 1. The following Uses shall be prohibited: a. Agricultural b. Livestock c. Attached SF (townhomes) d. Dwellings above Business e. Multi-Family f. Hotels g. Semi Public Halls, Clubs & Lodges h. Business and Trade Schools i. Bakeries j. Veterinary Clinics k. Live/Work Units 2. Building height shall be limited to 40', a typical commercial building of two stories or less. 4. Commercial and retail structures (not including professional service and office buildings) shall be limited to 7,500 square feet. An SUP is required for additional square footage. 5. An 8' foot high solid screen fence (good side out) constructed with steel post and a decorative cap shall be constructed in the required buffer yard in lieu of the required buffer shrubs. All required buffer trees shall be planted in accordance with the requirements of the Denton Development Code. Within the overall development internal buffering between uses shall not be required. thr, aa* te Pa ~ nnma Q 7. The following architectural standards shall be incorporated into any new building: a. Architectural elements such as awnings, extended overhangs, columns or shutters shall be incorporated into the design of buildings. b. All windows shall be double insulated windows with thermal break and no mirrored glass. c. Flat roofs shall not be permitted. The minimum roof pitch shall be 4:12 and the maximum roof pitch shall be 10:12. d. New buildings shall incorporate alternating roof plate heights. e. Shingles (if used) shall be a minimum 30 year architectural style composition shingle. 39 EXHIBIT 14 SITE PHOTOGRAPHS irF41%L ~f r AA CCII _ r- - - nur ExistingL ( 1111Ilk-1 I'll Imlldin_ ilk-, oI kwiII de Brae Streei l l, Street F.. 11 ~ I F ,Ilk - ' °4 C yr:t iYi 'Svc 5 a ~ `+y ~ - L 5 Existing residential stricture located at 2300 West Oak Street 40 r ry a a 7- S M rod, {`Y~d{ a~'r •1~d= . ' s s `~'i' ri4 kb; f hs N' i ..y1 _ h 4 r Existing residential stricture located M West Oak ~ i i ~ i r ` u r. r,.. maN ~ 4 ~4J,tr' I 1' w Existing residential strictures located on Bonnie Brae Street (including property not included in this rezoning request). 41 1 t li ' i _T1 40 o1C, j; ~r The Vintage Assi~tc,l I i~ in r icI It" tthe v~ c-~t of the -~uhjcct -~itc ion P,onnic P)i-lw',treet) ,n 1 i ,.:w i ropy t ' ~If r Gas station/Retail store and Denton Muncipal Electric Substation on the southwest corner of the intersection of Bonnie Brae Street and West Oak Street. 42 1,4 Ytil ,tiJ?yr ~ S,. t. Multifamily development and undeveloped property to the south of the subject site; the undeveloped property was recently rezoned to Downtown Commercial General (DC-G). 43 EXHIBIT 15 Bonnie-Brae-Ector Street Small Area Plan Action Summary The City of Denton Neighborhood Planning Program (CDNPP) has initiated the process of examining the challenges and uniqueness of the City's older neighborhoods. The first area to be examined is bounded by Emery Street to the North, West Oak Street to the South, Bonnie Brae Street to the West, and Jagoe and Ector Streets to the East containing approximately 269.05 acres. This distinct area is a mixture of single-family homes, multi-family residential, duplexes, McKenna Park, institutions, the West Oak Historic District, and views of some of most premier natural landscapes in the City. The Bonnie Brae-Ector Street Small Area Plan will consist of three (3) sections: Assessment of Existing Conditions, the Community Role, and Neighborhood Initiatives. The Assessment of Existing Conditions is performed by City staff from the following departments and divisions: Planning, Parks and Recreation, DRC Engineering, Police, Fire, and Community Development. The assessments are scheduled for completion in November 2010. This Small Area Plan is community directed and driven; as a result, the Community Role is substantial. Built into the process are four (4) area-wide neighborhood workshops; and specific neighborhood meetings will be held if deemed necessary by the seven (7) member steering committee. The Neighborhood Initiatives will be generated from priorities set in the area-wide neighborhood workshops and the assessment findings. In addition, the Bonnie Brae-Ector Street Small Area Plan will have a Neighborhood Management component. This component involves area residents developing resource capacities with profits, non-profits, faith-based, educational, and government entities to form partnerships for project implementation. As to date, the following activities have occurred: 1. June 14, 2010 -City staff Small Area Plan Kick-Off meeting; 2. June 28, 2010 - City staff Scope of Work meeting 3. July 17, 2010 - Community Impression Neighborhood Workshop 4. August 9, 2010 - First Steering Committee Meeting Upcoming activities: 1. Neighborhood Assessment Walking Tours 2. Second Steering Committee Meeting 3. Capacity Inventory Workshop 4. Small Area Plan Staff Meeting (if necessary) Due to the extensive level of community involvement, the CDNPP is estimating that the Bonnie Brae-Ector Street Small Area Plan be presented to the City Council August 2011. 44 Attachments: Bonnie Brae-Ector Street Small Area Plan Map Bonnie Brae-Ector Street Small Area Plan Timeline 45 Legend Bonnie Brae/Ector h Bonnie Brae`EMrArea Parcels Small Area Plan 9 4`' Streets 46 Bonnie Brae-Ector Street Small Area Plan 2010-2011 Timeline SAP staff members: June July August September Katia Boykin -t t r off meeting N~igld;oiI oc W-1 5 p k1 III g Committee me°. ng ;t_i i tc~ `.1 -I I Johnna Matthews SAP staff members Meeting.. First Steel ri 7 Commi..ae Meeting fiAF .zI i t,_r.: n -i,: Earl Esc©bar Capacity Incemory I.Varl,shop 42 Ran Menguilta N- ghbarhaod - irs Janniibah Coleman Debo an Vle:l'ra.. Robert 7lckner Shane Kizer l isa.Rodrlgnez October November December January `l I- i I rri° -I - I t, I I - Findings Presentation VM:shp 03 Capa o: wc'i_ yAuc Photo Asse a DraftE mg._ arr rrts Qsv_lop smhati„cs Capacity Mapping Steerur~j Committee mee.mg „t_.,r t _ _ `aee=r 3 February March April May Pl..u D a,,;hrwr la, C c,opment Plan D ,ul iment Flan C zlopment it t io-Sa ~3teering Com. Ming. t I !naL Steering Com.Mtng. June July August September t:eiahborheoc Fresontat.en of SAP 'I i,I Res ms Preserd Vto > n Present as i.i ~.tblic Hearing Plan Ra-,cns 47 EXHIBIT 16 Letter from West Oak Neighborhood Representatives West Oak Area Neighborhood and Historic District www.westoakarea.org The West Oak Area Neighborhood and Historic District opposes the proposed zoning change from NR-3 to NRMU for properties located in our neighborhood. NRMU zoning would not serve the neighborhood's consistent long-term goal of maintaining and increasing single-family residential viability. This proposed zoning change involves three properties on West Oak Street. All three of them are listed in the 1995 Denton Historic Inventory: two of them are residential homes, and one of these homes abuts the West Oak Area Historic District overlay within the neighborhood. The proposed zoning change, if granted, would also effect the residential properties on Houston Place that are in our neighborhood, making residential property lines tangent with commercially zoned property. We are an old and established small residential neighborhood whose location makes us significantly vulnerable to zoning and development incursions, particularly on our southern (close to UNT) and western (close to medical facilities) edges. During the citywide rezoning in 2002 the Denton City Council agreed that our neighborhood should be actively preserved and that uniform zoning would be one way to help protect the residential quality of the neighborhood. Instead of zoning West Oak Street between Bonnie Brae and Jagoe on the north side and between Bonnie Brae and Ave G on the south side Downtown University Core, as the Planning Department advised, Denton City Council, after lengthy discussions with the West Oak Area Neighborhood Association, mandated that this area be uniformly zoned NR-3. Mr. Tjandramulia's zoning proposal is an example of the type of "zoning creep" that is the demise of centrally located residential neighborhoods. He has no site plan and is not a developer with a specific plan for the property. If allowed it would be the only property in the entire neighborhood zoned anything other than NR-3 and would be an invitation to the next real estate property packager to purchase several residential homes, apply for a zoning change using the last change as an argument and support for the current proposal, and "flip" the property. Rezoning properties lot by lot, or groups of lots does not serve the goal of maintaining or preserving a neighborhood; rather it serves the interests of real estate speculators often to the detriment of neighborhoods, particularly when the neighborhood is in an already physically vulnerable area. The West Oak Area Neighborhood Association has had an active neighborhood organization since at least the 1970's and has worked diligently to maintain the boundaries that were defined during the citywide re-zoning in 2002. In 2009 a good portion of the neighborhood had an additional historic district overlay, the West Oak Area Historic District and we are currently working with Denton's Planning Department to create a second overlay, a Small Area Plan, that 48 will include all properties in the neighborhood. The goal of these overlay districts is to provide as much structural support as possible to protect our residential neighborhood from non- residential incursions. We respectfully request that the City of Denton support the residential viability of the West Oak Area Neighborhood and vote to maintain NR-3 zoning. 49 EXHIBIT 17 RESPONSES TO PUBLIC NOTIFICATION NOTICE OF PUBLIC HEARING Z09-0013 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, April 14, 2010, and consider making a recommendation to the City Council regarding the rezoning of approximately 4.678 acres of property from a Neighborhood Residential 3 (NR-3) zoning district, to a Neighborhood Residential Mixed Use (NRMU) zoning district. The property is located at the northeast corner of West Oak Street and North Bonnie Brae Street. The applicant has stated the purpose of this rezoning request is to change the zoning designation of the property identified in the map on the back of this page to permit medical and commercial uses not permitted under the current zoning. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning Division 221 N. Elm Street Denton, Texas 76201 Attn: Jane Gurney, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one: _ _ In favor of request Neutral to request Opposed to request Reasons for Opposition: 1• Alb /48-/!`/617/00 u/Ti`- + 46111,419 CDAl ffaC!lfi t)l.~i l~lG( m.U'(© ~~,C j,9({/AQ/J 7J rH~S _ _ 3 /U!J A,10 C'DU 9 °t` C~dP~O Al~ C2e~ssU~ /k, ov5;2N S _ v B SKcY u_U~Sfv 725 ovNe9L Signatur Printed Name: ~'r""4,PP Mailing Address: / AA_1,e,~LA4- City, State Zip: y8o~ C 765 Telephone Number: ~~fC9 SW(r rg3- Physical Address of Property within 200 feet: 4/// ,9N,45 6%- CITY OF DENTON, TEXAS CITY HALL WEST - DENTON, TEXAS 76201 • 940.349.8541 (F) 940.349.7707 200'P& 2 Notice 04-14-10 11:50 IN 50 jj NOTICE OF PUBLIC HEARING Z09-0013 V The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, April 14, 2010, and consider making a recommendation to the City Council regarding the rezoning of approximately 4.678 acres of property from a Neighborhood Residential 3 (NR-3) zoning district, to a Neighborhood Residential Mixed Use (NRMU) zoning district. The property is located at the northeast corner of West Oak Street and North Bonnie Brae Street. The applicant has stated the purpose of this rezoning request is to change the zoning designation of the property identified in the map on the back of this page to permit medical and commercial uses not permitted under the current zoning. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning Division 221 N. Elm Street Denton, Texas 76201 Attn: Jane Gurney, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one: In favor of request Neutral to request -Opposed to request Reasons for Opposition: Yy"' Signature: Printed Name: ~r C o~ Mailing Address: City, State Zip: 0_ u ' Telephone Number: 1) 5-5 f~t~ ~S Physical Address of Property within 200 feet: CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 0 4 -9Pr31I • Its) 940.349.7707 260'P8Z Notice 04-14-10 10:06 IN 51 NOTICE OF PUBLIC HEARING Z09-0013 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, April 14, 2010, and consider making a recommendation to the City Council regarding the rezoning of approximately 4.678 acres of property from a Neighborhood Residential 3 (NR-3) zoning district, to a Neighborhood Residential Mixed Use (NRMU) zoning district. The property is located at the northeast corner of West Oak Street and North Bonnie Brae Street. The applicant has stated the purpose of this rezoning request is to change the zoning designation of the property identified in the map on the back of this page to permit medical and commercial uses not permitted under the current zoning. The public hearing will start at 6:34 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it-off- in-person: Planning Division 221 N. Elm Street Denton, Texas 76201 Attn: Jane Gurney, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one: In favor of request Neutral to request (-~O~ppsed to request Reasons for Opposition: e ~ LA J, Signature: Printed Name: C-V Mailing Address: J:7 to 4aV~ F City, State Zip: L r -t4 Telephone Number:' 1 Physical Address of Property within 200 feet: CITY OF DENTON, TEXAS CITY HALL WEST DENTON, TEXAS 76201 940.349.8541 (F) 940.349.7707 200' P&Z Notice 52 NOTICE OF PUBLIC HEARING Z09-0013 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, April 14, 2010, and consider making a recommendation to the City Council regarding the rezoning of approximately 4.678 acres of property from a Neighborhood Residential 3 (NR-3) zoning district, to a Neighborhood Residential Mixed Use (NRMU) zoning district. The property is located at the northeast corner of West Oak Street and North Bonnie Brae Street. The applicant has stated the purpose of this rezoning request is to change the zoning designation of the property identified in the map on the back of this page to permit med ng. The public hearing will st cated at 215 E. McKinney Street, Denton 00) feet of the subject property, the Pla feel about this request and invites you t to be taken into account, return this form (This in no way prohibits you from attend ti to the number located at the bottom or Planning Division 221 N. Elm Street Denton, Texas 76201 Attn: Jane Gurney, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one. In favor of request Neutral to request Opposed to request Reasons for Opposition: 1"rrrS r <signature: Printed Name: Zip: c d Number: j j ddress of Property within 200 feet: LL2.0.P.ZWk. dress: DENTON, TEXAS CITY HALL WEST DENTON, TEXAS 76201 940.349.8541 (F) 940.349.7707 53 NOTICE OF PUBLIC HEARING Z09-0013 The Planning and Zoning Commission of the City of Denton will held a public hearing on Wednesday, April 14, 2010, and consider making a recommendal'on to the City Council regarding the rezoning of approximately 4.678 acres of property from a Neighborhood Residential 3 (NR-3) zoning district, to a Neighborhood Residential Mixed Use (NRMU) zoning district. The property is located at the northeast corner of West Oak Street and North Bonnie Brae Street. The applicant has stated the purpose of this rezoning request is to change the zoning designation of the property identified in the map on the back of this page to permit medical and commercial uses not permitted under the current zoning. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning Division 221 N. Elm Street Denton, Texas 76201 Attn. Jane Gurney, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one: In favor of requesf Neutral to request Opposed to request Reasons for PIPPIP.61JA » T rt Ay E 8 EEi.1 "-F-HE~ LEI3*L CGS t der AM- 2.32.2 PoU15-mr J PrAe-E FdA nitE LAs7- PRo Pr2-r°3 5nL L-! -ra M P_ K ERR`t' A. R11c.E PA--S A /4 ~It~sr- Signature: /1l.y.vv.~.Jy~ U~1lo9y+` C_6_ Printed Name; ~H A4& A-T'i. n iJ e'_n LI Mailing Address: 9 L10 W E A= 4LA(A.MA A VE City, State Zip: AN~I bA9%0 61<. 1300,V- Lks37 Telephone Number: ~t L0 / 2-S 1 0-2-4.O Physical Address of Property within 200 feet: 4-2429 HOUS-11-nNI PLACE.__ CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 • 940.349.8541 • (F) 940.349.7707 7~a•i r', ~ ri~a~::c 07 02-10 1 :20 IN 54 NOTICE OF PUBLIC HEARING Z09-0013 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, April 14, 2010, and consider making a recommendation t o the Cidenti 131(NR 3) og ing d stnctntooa at the no approximately 4.678 acres of property from a Nei9 located heast Neighborhood Residential Mixed Use (NRMU) zoning district. The property hasis stated the purpose~of th s corner of West Oak Street and North Bonnie Brae Street. The applicant hange of the under thefcudrrenthzo In ng on the back the zoning iden rezoning request i tomed cal and commec all uses not permittedroperty of this page to per (200)dfeet 2of the ' Council I own property within s two hundred ~ l located The public et, Denlton Texas. Bep.m. in the C cause you McKinney Street, subject property, the Planning and Zoning Commission would like to hear how you feet about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into hea account, return this form with your comments prior to the dateof the.) pYou mayring. This in way it to the number prohibits you from attending and participating in the public located at the bottom or mail it to the address below or drop it off in-person: Planning Division 221 N. Elm Street Denton, Texas 76201 Attn: Jane Gurney, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one: Neutral to request Opposed to reques In favor of request Reasons fox Opposltion: G fro Cam„ _ .r^ ~ t^Ji ~~F eoc ~1 n~ VIN _ ~4b 6J 6 Signature: Printed Name: Mailing Address: 0 City, State Zip: vi 7 67 'K Telephone Number: t° ~f Physical Address of Property within 200 feet: CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 940.349.8541 (F) 940.349.7707 200' P&Z Notice 55 NA2-26-2007 10:33P FROM: 70:3497707 P. 1111 INNOTICE OF PUBLIC HEARING Z09-0013 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, April 14, 2010, and consider making a recommendation to the City Council regarding the rezoning of approximately 4.670 acres of property from a Neighborhood Residential 3 (NR-3) zoning district, to a Neighborhood Residential Mixed Use (NRMU) zoning district. The property is located at the northeast corner of West Oak Street and North Bonnie Brae Street. The applicant has stated the purpose of this rezoning request to to change the zoning designation of the property identified in the map on the back of this page to permit medical and commercial uses not permitted under the current zoning. The public hearing will start at 6:30 p.m. In the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feat of the subject property, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. Please, In order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning Division 221 N. Elm Street Denton, Texas 76201 Attn: Jane Gurney, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one: In favor of request Neutral to request Opposed to request Reasons for Opposition: Signature: tgi da Printed Name: A WIM .rAtitw. No len Mailing Address: e;WO8 Q- Oak - 6f City, State Zip: &74m n -Voa Telephone Number- No,` 61o /a r 1$07 l/,,'~ 11 Physical Address of Property within 200 feet: o?o~ W . t J hgy) tDa CCTV OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 16201 • 940.349.6541 • (F) 940.3481707 200' P8Z Notice 56 NOTICE OF PUBLIC HEARING Z09-0013 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, April 14, 2010, and consider making a recommendation to the City Council regarding the rezoning of approximately 4.678 acres of property from a Neighborhood Residential 3 (NR-3) zoning district, to a Neighborhood Residential Mixed Use (NRMU) zoning district. The property is located at the northeast corner of West Oak Street and North Bonnie Brae Street. The applicant has stated the purpose of this rezoning request is to change the zoning designation of the property identified in the map on the back of this page to permit medical and commercial uses not permitted under the current zoning. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feet about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person.: Planning Division 221 N. Elm Street Denton, Texas 76201 Attn: Jane Gurney, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. T] mission is informed of the percent of responses in support and in opposition. Please circle one: In favor of request Neutral to request Opposed to request for Oppositi Signat re. Printed Name: I 1 Mailing Address: City, State Zip: I Telephone Number: 13 Physical Address of Property within 200 feet: CITY OF DENTON, TEXAS CITY HALL WEST DENTON, TEXAS 76201 940.349.8541 (F) 940.349.7707 200' P&Z Notice 57 r RECEIVED 04/09/2010 15!02 9727885234 DOLIRLaREE ACCrG Rpr 09 10 06:49p Planning nept Citp OP Den 9403497707 p.z NOTICE OF PUBLIC HEARING Z09-0013 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, April 14, 2010, and consider making a recommendation to the City Council regarding the rezoning of approximately 4,678 acres of property from a Neighborhood Residential 3 (NR-3) zoning district, to a Neighborhood Residential Mixed Use (NRMU) zoning district. The property is located at the northeast corner of West Oak Street and North Bonnie Brae Street. 'rho applicant has stated the purpose of this rezoning request is to change the zoning designation of the property identified in the map on the back of this page to permit mcclieal and commercial uses not permitted under the current zoning. The public heating will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commisslon would like to hear how you feel about this request and invites you to attend the public hearing, Please, in order for your opinion to be taken Into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning Division 221 N. Elm Street Denton, Texas 76201 Attn: Jane Gurney, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission- is informed of the percent of responses in support and in opposition. Please circle one: In favor of reque t : Neutral to request Opposed to request Reasons for Opposition: Signature: Printed Name: PE5 Ti iFfL L, T/z h N a Mailing Address: i~'a Gd.' b I C. rc it ~a6 cd~ ~ ~olei T -)c -7 L 2,o~ City, State Zip: W S n L r Telephone Number. G 2 l LA Physical Address of Property within 200 feet: 2 a 4n'""f 1~"i~ t tOl L n, i _a"J Ciry OF WNT014, TEXAS CITY HALL WEST" DENTON, TEXAS 76201 • 940.349.8541 • (F) 940.349.7707 200` a&Z Nogco 58 0411212010 08.01 (FAX) P.0011001 NOTICE OF PUBLIC HEARING Z09-0013 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, April 14, 2010, and consider making a recommendation to the City Council regarding the rezoning of approximately 4.678 acres of property from a Neighborhood Residential 3 (NR-3) zoning district, to a Neighborhood Residential Mixed Use (NRMU) zoning district. The property is located at the northeast corner of West Oak Street and North Bonnie Brae Street. The applicant has stated the purpose.of this rezoning request is to change the zoning designation of the property identified In the map on the back of this page to permit medical and commercial uses not permitted under the current zoning. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Bait located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail itto the address below or drop it off in-person: Planning Division 221 N. Elm Street Denton, Texas 76201 Attn: Jane Gurney, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one: In favor of request Neutral to request Opposed to request Reasons for Opposition: may' w-E ~ -Q a =g_ 1 o G - r lzti~e C, 1k Signature: Printed Name: ZIXIA Mailing Address: ~~Vl~~ll~ntL~C111 ~2 ~GLt'~S City, State Zip: 1 ~7r.a„"ro+iy x ~(p ~l~ ` Telephone Number: cj yr, - `3 A l - 7 V b~ Physical Address of Property within 200 feet: Ql CITY OF DENTON, TEXAS CITY HALL. WEST • DENTON, TEXAS 76201 940.349.8541 (F) 9413.349.7707 200'P&Z NoWe 59 NOTICE OF PUBLIC HEARING Z09-0013 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, April 14, 2010, and consider making a recommendation to the City Council regarding the rezoning of approximately 4.678 acres of property from a Neighborhood Residential 3 (NR-3) zoning district, to a Neighborhood Residential Mixed Use (NRMU) zoning district. The property is located at the northeast corner of West Oak Street and North Bonnie Brae Street. The applicant has stated the purpose of this rezoning request is to change the zoning designation of the property identified in the map on the back of this page to permit medical and commercial uses not permitted under the current zoning. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning Division 221 N. Elm Street Denton, Texas 76201 Attn: Jane Gurney, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Lease circle one: In favor of request N utral to request Opposed to request Reasons for Opposition: Signature: Printed Name: Mailing Address: F~ T City, State Zip: Telephone Number. VN !2 C2 Physical Address of Property within 200 feet: CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 940.349.8541 (F) 940.3497707 200' P&Z Notkc? ~o , 60 NOTICE OF PUBLIC HEARING Z09-0013 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, April 14, 2010, and consider making a recommendation to the City Council regarding the rezoning of approximately 4.678 acres of property from a Neighborhood Residential 3 (NR-3) zoning district, to a Neighborhood Residential Mixed Use (NRMU) zoning district. The property is located at the northeast corner of West Oak Street and North Bonnie Brae Street. The applicant has stated the purpose of this rezoning request is to change the zoning designation of the property identified in the map on the back of this page to permit medical and commercial uses not permitted under the current zoning. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning Division 221 N. Elm Street Denton, Texas 76201 Attn: Jane Gurney, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please ircle e: In favor of request Neutral to request Opposed to request Reasons for Opposition: Signature: Printed Name: Mailing Address: i u ` 5 City, State Zip: J, V'\ Telephone Number: Physical Address of Property within 200 feet: Lo CITY OF DENTON, TEXAS UTY HALL WEST • DENTON, TEXAS 76201 • 940.349.8541 (E_) 940.349.7707 200' P&Z Notice 61 NOTICE OF PUBLIC HEARING Z09-0013 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, April 14, 2010, and consider making a recommendation to the City Council regarding the rezoning of approximately 4.678 acres of property from a Neighborhood Residential 3 (NR-3) zoning district, to a Neighborhood Residential Mixed Use (NRMU) zoning district. The property is located at the northeast corner of West Oak Street and North Bonnie Brae Street. The applicant has stated the purpose of this rezoning request is to change the zoning designation of the property identified in the map on the back of this page to permit medical and commercial uses not permitted under the current zoning. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would tike to hear how you feet about this request and invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning Division 221 N. Elm Street Denton, Texas 76201 Attn: Jane Gurney, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one: In (aver of request Neutral to request Opposed to request Reasa Oppositi Signature: t Printed N m Je6F i kL~E\ Mailing Address: 3~5_ P7CJOv g rbG J/Z. City, State Zip; I~I+t 71C Telephone Number: Z/y 64Y•5~~~~ Physical Address of Property within 200 feet: ~1~ 1 S~►est S'~/ 3Lt{ ~w'V~itr CITY OF DENTON, TEXAS CITY HALL. WEST • DENTON, TEXAS 76201 940349.8541 (F) 94o.349.7707 200' P&2 Notice 62 04/08/2810 08:58 940-369-8760 LIB ADMIN PAGE 01 NOTICE OF PUBLIC HEARING Z09.0013 Tie Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday. A ril 14, 2010, and consider making a recommendation to the City Council regarding a ortiof a proximately 4.678 acres Of property from a Neighborhood Residential 3 (NR-3) zoning district, to a N ighborhood Residential Mixed Use (NRMU zoning district. The property is located at the the northeast mer of West Oak Street and North Bonnie Brae street. The applicant has stated the purpose of this re oning request is to change the zoning designation of the property identified in the map on the back of his page to permit medical and commercial uses not permitted under the current zoning. Th public hearing will start at 6:30 p.m, in the City M inney Street, Denton, Texas, Because you on property within Chambers of two City Mall hundred (ZDO) located at feet of the Council 215 E. ~A su ect properly, the Planning and Zoning Commission would like to hear how Me and invites you tO attend the public hearing. Please, in order for your opinionuto be takent into yu feel this ac unt, return this form with your comments prior to the date of the public hearing, (This in no way Pro ' its you from attending and participating in the public hearing) loc ted at the bottom or mail it to the address below or drop it i+ off in ou may fax it to the number - Yperson- Planning Division 221 N. Elm Street Denton, Texas 76201 Attn. Jane Gurney, Project Manager Thee forms are used to calculate the percentage of landowners that support and oppose the req est. The Commission is informed Of the percent of responses in support and in opposition. Please circle one: In favor of request Neutral to request Rea ns for O Opposed to request. pposition: r' c o ~ t~<c trSp On iovld be and- af' hi`sy'or^~ ca/ /~'Pic / ~bS 16,8 Yle A7!Y~ act- ON _VQIfA~S ~Xc 5a; VC t7ML ,,ITt7} of J~Aas~d co~.y~~c.•.. Signa re: t,GQAM Printe Name: 4J 54 n 4 ~ 5 2-H .0 s a 2- Maiiin Address: '2-2=70 West (54k Sf-• City, S .'ate Zip: -Depiita rl , -4 -?6 2_O Telephone Number: z? q o ^ is p y' j Physic I Address of Property within 200 feet: Zz~a tt~BSt k ~'T , p CITY F D,ENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 • 940,349.6541 • (F)940,349.7707 200T82 oUre 1 63 Apr 06 10 10:31a Microsoft p,1 f E April 6, 2010 To: Planning & Zoning Commission City of Denton From. Russell Rowe - Bonnie Green Apartments Re: Z09-0013 To Whom It May Concern, l vote to approve a rezoning of the subject property to a NRMtJ zoning district. The Bonnie Brae Medical Park provides the highest arrd best use for the property and a wonderful upgrade for the neighborhood. Respectfully, Rowe Owner 101-1215. Bonnie Brae 64 yr rVOLLI., MCAMLINIV Z09-0013 The Planning and Zoning Commission of the City of Denton will hold a public hearing en Wednesday, April 14, 2010, and consider making a recommendation to the City Council regarding the rezoning of approximately 4.678 acres of property from a Neighborhood Residential 3 (NR-3) zoning district, to a Neighborhood Residential Mixed Use (NRMU) zoning district. The property is located at the northeast corner of West Oak Street and North Bonnie Brae Street. The applicant has stated the purpose of this rezoning request is to change the-zoning designation of the property identified in the map on the back of this page to permit medical and commercial uses not permitted under the current zoning. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Hall located at 215 P. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this request and Invites you to attend the public hearing. Please, in order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and participating in the public hearing.) You may fax it to the number located at the bottom or mail it to the address below or drop it off in-person: Planning Division 221 N. Elm Street Denton, Texas 76209 Attn: Jane Gurney, Project Manager These forms are used to calculate the percentage of landowners that support and oppose the request. The Commission is informed of the percent of responses in support and in opposition. Please circle one., In favor of r uest. Neutral to request Reasons for Opposition: l•/ f _ - Signature: Printed Name: Mailing Address: 27Q_ / i City, State Zip: _ C~~ !p~ Telephone Number: /W. J_'p `off Physical Address of Property within 200 feet: 2 CITYOFDFNTON, TEXAS CITYFtALLWEST •,DE;NTON.TEXAS 16201.- 94D.349.8541 (F)940.3493707 200'P&Z Notice 65 EXHIBIT 18 EXCERPT OF MINUTES FROM THE PLANNING AND ZONING COMMISSION MEETING OF APRIL 14, 2010 Public Hearing Item 4.B. Rezoning of approximately 4.678 acres of land from a Neighborhood Residential 3 (NR-3) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district. The property is generally located at the northeast corner of Bonnie Brae Street and West Oak Street. (Z09-0013, Bonnie Brae Medical Park, Jane Gurney) Jane Gurney, Project Manager, presented this request for a zoning change. The property is comprised of seven separate tracts of land generally located the northeast corner of north Bonnie Brae Street and West Oak Street. The property surrounds an existing single family parcel that is not included in this rezoning request. Six of the properties are currently developed N-6th residential uses, and one property (at the corner of Bonnie Brae and West Hickory) operated as a special exception retail sales and service, although this structure is currently unoccupied. The applicant is requesting a zoning change to NRMU, subject to a restrictive overlay, including no multi-family uses being permitted, and not industrial uses permitted by right (veterinarian hospitals or bakeries). The purpose of this request is to develop the site 'kN-ith medical-related and commercial uses not alloy,-ed under the current zoning. Tv,-enty-nine legal notices kN-ere sent out. Staff received 6 responses in favor, 7 in opposition, and 2 neutral responses. This N-611 require super majority by City Council regardless of P&Z vote. The Development Reviev,- Committee recommends denial of this rezoning request, as proposed by the applicant, hov,-ever, the committee recommends approval of the rezoning of the six properties to NRMU N-6th a restrictive overlay to prohibit multi-family uses, veterinarian clinics and bakeries, as shoN-,n in Exhibit 5B, and maintain the existing NR-3 zoning on the lot directly adjacent to the West Oak Area Historic District. The applicant's representative Larry Reichhart, Spring Brook Planning Group spoke in favor of the request. He stated that this is for a medical office and professional offices. They would like to leave the building at 2286 West Oak and just remodel. This request was generated by Presbyterian Hospital and Denton MD driving more medical offices in the area. Larry stated that this is more of a transitional zoning and not isolated. Several citizens spoke in opposition to this request for rezoning. Closed the public hearing at 8:17 p.m. Motion: Commissioner Brian Bentley motioned to reopen the public hearing and continue this item at the next meeting. Seconded: Commissioner Patrice Lyke On roll call vote, Chairman Walter Eagleton "aye", Commissioner Brian Bentley "aye", Commissioner Jay Thomas "aye", Commissioner Patrice Lyke "aye", Commissioner Thom Reece "aye", and Commissioner John Ryan "aye". Motion carried unanimously. Passed: 6-0 66 EXHIBIT 19 EXCERPT OF MINUTES FROM THE PLANNING AND ZONING COMMISSION MEETING OF APRIL 28, 2010 Public Hearings C. Rezoning of approximately 4.678 acres of land from a Neighborhood Residential 3 (NR-3) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district. The property is generally located at the northeast corner of Bonnie Brae Street and West Oak Street. (Z09-0013, Bonnie Brae Medical Park, Jane Gurney) Jane Gurney, Project Manager, stated that this case was tabled from a previous Planning and Zoning Commission meeting. The request is for a rezoning of approximately 4.678 acres of land from a Neighborhood Residential 3 (NR-3) zoning district to a NRMU zoning district with consideration being given to a restrictive overlay. Staff recommends approval of a portion of the request in that 6 of the lots, closest to Bonnie Brae, be re-zoned to NRMU with a few overlay restrictions and that 2216 West Oak be maintained at the current zoning of NR-3. The applicant has revised the requested overlay restrictions to include that certain uses be prohibited. These were provided to the Commission in the Work Session. There were 29 legal notices sent to properties within 200 feet of the subject site. There were 6 responses in favor, 7 responses in opposition and 2 responses in neutral. More than 20% of the responses were in opposition, so if this request goes forward to City Council a supermajority vote will be required. The applicant's representative Larry Reichhart, Springbrook Planning Group, was present to speak. There were several citizens who were present who filled out speaker cards in opposition and some spoke to the Commission. The major concern addressed by the citizen's is the lack of a site plan and uncertainty of what could potentially be developed as well as the commercial use of a residential lot that borders a historic district. The applicant's representative offered rebuttal to the comment of citizen's and staff. Mover: Commissioner Jay Thomas motioned approval of the re-zoning of the 6 lots recommended by staff with overlay restrictions. Seconder: Commissioner Jean Schaake On roll call vote: Commissioner Jay Thomas "aye", Commissioner Jean Schaake "aye", Chairman Walter Eagleton "aye", Commissioner Thom Reece "aye", and Commissioner Brian Bentley "aye", Commissioner Patrice Lyke "nay". Passed: 5-1 67 EXHIBIT 20 ORDINANCE ORDINANCE NO, AID 01,W1 ANC F OF I FIE CITY OI-• DENTO S, TEXAS, 1'I 0VTT)TNG FOR A ZONr1 C, C"II;1N(TL I I~C)N1 1 \'FIG1IB !RI1001) I~LSIDFN IL-U, ~NR-,) ZONING DISTRICT` CI_ A'%SJFI('-VIR)N AND USE DESI(jN:-ITION '1-C) is NI,I GIIHORHOOD RFtiIDEN=" 1AI. MIXF-IIt ISFi%iLMLI)/()`1INGDISTRICTCIA SIFICA"1I()N AND 'C.tiI ])I tiI[-1I~`.1IIt-)N O TILACT'-,'_'~{, 5 .YsS ~t`;q 1NL) 1 OF I I IF. F,1'L'C:1I,L3.,SIs.i SURVEY", \411I1 AN C7~`FI~L: L)I'S','TR1C I ~..1~ 1 I EfOS1 S_ 1L'TR. ,C: I' , Firs TRACT 2-63, CONTAINI'' i A1)1)1I'I()\.AT RES'll'IC TIONVS AS NOTED, 1IIF' ;AREA FOR ZONING (IIAItiGFL LN(-X) 'r'lSSI AI'I W)XI A I'LL 4,678 ACRES Ci)' LAND LOCH ITD AT I I IF NOR TI 11?AST CORNER OF NOR"I'I 1110NME- BRAE STREET :--tND WEsT (OAK S I'RI;.LT, 1N THE C.I'I'4' (V DENT' )N, I)ENTON C'OZ_'N'11",TEX ti PRO~,11)1NCTFC)I ,1 PEN,kl.I Y IN TI 11 119;'1~iI'.'1f'M :'~MOUNT (~1' $100i i-W{ 1•(~R, ~-IC)LATIUNS T1-1F 1Z1-()F, SLVLI -l13ILI'1'Y AND AN LF1--F;C'.T VE DATFr 13) W111:IRFAS, Springbroo Planning Crroup has applied for a chalige in zoni - for approxrmatc'..; ..t3 acr c,f lafld, JepiCtcd in Lehi'}it `•,V% anal Jc - Jf) iicscrihm in Ex1-.i1,it "B" bcith ofwhicIt ui-o E3ched ht rcto rind'Nicurpcrrmcd herein by reference `acre.inElhtor,.the "Property' froir. a Nciolt'narhood T:cmdential 3 tNR-3 zomm, district chmsi:reatimi _-vxl usc, desimittiin to a '`tici hbo linotii, I. ident ~l Mixc l Use jN'RMU i zoilin~ distril~t classiticltlori xid t,tic dc-,i3nation with cvr5idc; atim bcinu given to overlay restrictions; and WIIF AS, can April 8, 2010, th-e I'lmnmc, and Z( nin_ Cor-nmistiinn recommcT7ded appr{) rll of lbo change in emn", siibj t to the coiidi"lk:in outlmcd 1n :Sec-tjtms and ihelmw; and WHEREAS, tl.~ C='ity Council finds that the change is cor siGtcitt Stith The Della on Plan and the Development Cook; NOW, T11i:1;TFO1~I1.. T CUNCI L Ole T 4 E CITY OF DENTON, I I F RIMY O U:N `ti: SFCTTON 1. The tittdin s ar d Tecitanov.s ~ niitair od in the preamble of this ordinance are incovpor~,lecl herein by rctcrence as true. ~I ( 110N1 I'hc zonirtu district classification and use dcsiemmtion for the ProNny is hereby s han cd fz,_a ~7 tit i lrl rrrl~r;otl i asidential ? f '1~ :i y to Nei~, ,hbnrlrood Rcsidetrtial h~Iixcd Llse (1ti1: 1li:y o"7 tr irTs ? C7q >7? ti8, ?[ID and 1, and shall rem,-nir as Ncighb~_}r-hooa ke,-Identi~l 3 {1Vt °'-l can 1ta~t '6_1, ~ti ith a] baits on the Propcn\. containing the follow ng addit onalrestrit-tii}rls: vc t~ ith tEintli the ;~ttach~ -i real ri-,_yC•i•i_ Iescriptiotl. i.ht prc. er!y being rezuried inclue(-ti all propc.av it) the cenrcrlinc c: all adJ ic;ent ; , t ri ltts- f 4~a}, 1. tariwulir~rt .I i~ zst +c , Attuc.l,c4 Single-Irarriily I ellitt s. Multi-FarnilyDwellings, rails IlolcI3. Scry7i-Iiul?itt ] falls, (_lribs, and Luripes,. 13itsiness "Irate ;chook, I3r:kclies,, and Ve°.er'ilian, Clinics, ;is detmcd lay the Denton DLc%clol?ment C - de a[c pr;+ih'ited uses on the Propt'.rty. 2- 13uildit,c Leid,htsshall be Iim-Ited to foI-€y f_40) f'cct. 3. Comtrtrcial ::ind Rctuil Structures, with the cxception ofprofession :I s`,~-vices and 68 s:id gn3nur ctu ~rntn ts'ozd nu . 1 i li11.3 bonnie brae incdi !'.C oc nf;r ebt:itdin ~,sl,atl'elimited to7,500square feet, ASikcalicUrePemitshallbe rtgt.ircd i.n crclcr for additional square footage, not to c'EccL <d 2~10CM ~:qtu ?e Ceet, as 1irilitcd the Detifotj f)c~ oleo,,)n,cilt C:-t de, An e1`111 f. 8) fl of ill }t S0i'd sciccn fence ( ood sicia out) Coristz uctett s, itit s[rel lists and a dcconillvv cap shall be cwistr_tctcd in the required huftcr yard, in licl] of the requirc-d bui;'cr s1iruhs..~ 11 required buffcr trL:c5 sha11 lac glinted in accerdxlcc wit?the rctlttirem.nts ofth,~ Penton L)cveL)ILnncnt Cud.-. l1 iilimthevs oral] dcvclopnicnt, internal hufttring between ut cs siLall nol i e req tire. 1. CC,lION 3. 1'110 follotirin architecturai standards shall be irieog i:rxLA into any new buillIWE tOnStructecl on the lliopcrty1. Vchit tuna' clemcrits s4,c.li as awnings, extended Overhangs, columns , shutters tih r11. b~ irtcnri?t+raiet iRt] thu desim ofbculdin-4. 2. All wir3dow i s'r1~11 be double insulated Aviidciws wi thermal break anal nor Tared '.ass. 1'"tit roe's sh•tl] nol he permitted. The rniriraiutn roof pitch shall be 4.12 and the n-ayinluni roof pitch s}i;ai1. he 10-1 4. Nc~~, build7Jil-s shall inie rtl,nt',itc ,ilternatin roof plate heivitts. S. ti)~in .ies, if used.. shall be a rninitnurn of dP year architectural st.vic corrros;vnn shut~lc. SIT ''102\ 4, The CitVs official land use to p is amende(i to show the chani a in the l and use designation. SEC`l'IC);V 5. Tf arty proviO(- of this ordinance or the appffcation iherck!f to €ary licrson or cire'uznstance is hr,~d _in alid by airy crntrt, such in altdi_ shall tim affect the "`alidity of other prov: ioir; o app'icatinrs, and to this ~`rd thc provisions of this ordinance an: se,, enable. SECTl`C'iN 6, An4 pers,or " iol Cling anypr+rtq.,;i n r-1`this i rdin:. cc shall, racvav c titan, be fined a sure, nw excec&i.g $22,Ci001,10. l ac.h a a,, tha-I a prop isinn of tits ordinance is violated shall ijCJ alistitYCt rilferise. constit .te a separate . SECTION 7. This ordinance sf7.all bccnrite eft-uctill'e four-tce.r, (14 dLIVs frnrri 07, clat~ of its 1, ,s tic; and the. City Secretary is herc.lrti directed to c ausL~ ;Ire caption of this ordinance to be puhli4hecd t,,vicc in the Denton Rcci,rcl-C'hi onicle, a daily ntew-,pancrpublislled ut the C,i of) ton, Texas, ti~ ithin tcn (10) day of the date cif its jaa5sa~e. PASSED AND APP'RCVEfi) this the day of 42010. MARK A. BURRO[ 61 [S, VAV OR 69 9;ti3tAKlE dSrCY€rb~nD7*A6[!s"nariGeSkY4t,~4_ilii]. h;oa lr hra. •31 ATTEST: ENNIFLi, WALTER S, CITY 5EC'RF.T.,1RY BY: APPROVED AS TO T-Ki til. FOR~R. ANITA BUTROES'S. UU- -A}-i RY.( PAGE 3 70 x t#w~rrt_.,tn`'„~rdIna ¢rs''.1~ z0?~$ honnu br i d"-doc EXHIBIT A I. t i ; _t HOUSTON 1 r r tr ` PNJ: i vac P+rbs_4r:~ t y. ..u tl, , I ~ 7 q _ I i I ......JIB _ L '1 8U6JE' t PkUPE 1 •i, r i a I2I1'1ll,flai x ri r OAK PAGE 4 71 ~_kvvr dr<eaimenC 1 rmats er' 1 r i ~3-9~t l3 Fxe~~yie r dicaJ.dac EXHIBIT B BEING all that certain lot, tract, or parcel of land situated in the Eugane Puchatski Survey Abstract Number 996 in the C tyof Denton, Denton County Texas, being all thatcertain, tract cafland conveyed by deed from Billy Royce Kends, et ai to BerdyTjandramulia recorded undesdocument N.amner 2008- 46396. Real Property Records, Denton County, Texas and neing all that certain tract of is rd conveyed by deed from Denton Buildings, L P_ to BerdyTjandramulia recorded under Document Number 2008- 46734, Real Property Records, Denton County, Texas and being all that certain tract of and conveyed by deed from Peter Mark Hulstrand and Randena Huistrand to Berdy Tjandramulia recorded under Document Number 2008-33655, Real Property Records. Denton Gourty, Texas and being all that certain tract of land conveyed b'y deed from Janice E. Lewis and Roger E. Lewis to Berdy Tpridramulia recorded under Dacurnent Number 2908-56461, Real Property Records, Denton Count', Texas and being all that certain tract of land conveyed by deed from V11M Specialty Mortgage LLC to Berdy Tfandramulia recorded under Document Number 2007-100115, Real P,!-operty Records, Denton County, Texas and being all that certain tract of 'and conveyed by deed from Margaret Barnes, et al to Berdy Tjandramulia recorded in Volume 4288, Page 2186, Real Property Records, Denton Count/, Texas and be ng all that certain tract of land conveyed by deed from Ralph N. Kimmey and Nancy M. Krnmey to Berdy Tjandramu'lia recorded under Document Number 2009-1279y5, Rea! Property Records, Denton County, Texas and being more particularly descrbed as folows' BEGINNING at an iron red found for corner in the north line of West Oak Street, a public roadway, said paint being the southwest comer of that certain tract of land conveyed by geed from Michas! H. Nolen to Lynda Lee Parker Nolen recorded jr Volume 1844, Page 626, Real Properly Records, Denton County, Texas; THENCE N 89° 06'26n W, 299.44 feet with said north line of said West Oak Street to a point forcomer in the east litre of North Bonnie Brae a public roadway; THENCE N 019 35'32' W, 148.38 feet with said east line of said North Fannie Brae to a point for corner, said point being the southwest corner of that certain tract of land conveyed by deed from Pamela Arrt Strickland et al to Richard T. 11i and John D. Springer recorded in Volume 1821, Page 471, Real Property Records, Denton County, Texas; THENCE EAS f-, 100 p0 feet with the south line of sad Muir and Springer tract to a point for corner, said point being the southeast corner of said Muir and Springer tract; HENCE N 00' 16' 10" W, X9.86 feet i the east lime of said Muir and Springer tract to a point for corner, said point being the northeast comer of said Muir and Springer tract; THENCE West, 14410 feet with the north lime of said Muir and Springer tract to an 'X° in concrete found for corner in said east line of said North Bonnie Brae THENCE N 11* 05` 31" W. 208.10 feet with said east line of said North Bonnie Brae to an iron red found for n-orner said point being the southwest comerof that certain tract of land conveyed by deed from Raynor Investments, Ltd. To David J. Ostrom and Melody L_ Buys recorded if) Volume 4205, Page 882, Real Property Records, Denton County, Texas; THENCE N 86° 59' 58" E, 124-27 feet w#h the south lines of said Ostrom and Buys tract to a fence comer for corner, said point being the sci0heast corner of said Ostrom and Buys tract; THENCE N 01° 43' 36'W, 142.59 feet with the east line of said Ostrom and Buys fmct and with the PAGE 72 ;latvsdas~arr~ecr lnr arar~~es"9 Snn13twMme IrF,x.-Aicald,zc east line Of that certair tract of land Conveyed by deed from Maggie Sue Collier axis to Willie A. Hudspeth and wife, pcretha Hudspeth recorded in Volume 928, Page 662, Deed Records, Denton Ccunty Texas to a fence comer for comer, said point being the southwest comer of that certain tract of land conveyed by deed from J. Michael Drown and wife Kimberly drown to Jeffrey Talbot and Terri L- Talbot recorded under Document Number 2004-Wl11, Real Property Records, ntan County, Texas THENCE S 891114'08" F, 178.29 feet with the south line of said Talbot tract and ,with the south line of that certain, tract of land conveyed by deed f-cim Ludell Ford Austin et at to J. Michael Drown recorded under C'cr(s File Number 94-R0028663, Real Property Records, Denton County, Texas, to an Ivan rod found for corner, said point being the northwest corner of Lot 1, Block' of Houston Place Addition. an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded in Cabinet D, Page 107, Plat Records, Denton Co~nt~y, Texas THENCE S 0004 ' 58' F, 145 68 feet with t;ne west line of said Houston Place Addition to an iron rod found for corner in Houston Place, an unimproved roadway having a right of-way cf 5{J,0 feet, THENCE S 69° 06' W E, 114,39 feet with said Houston Place tc a iron rod found for corner; THENCE S W 54'55'W1 24.02 feet to jr iron rod found for corner in the scuth line of said Houston Place and in the north :ire of that certain tract of lard conveyed by deed from Thomas Paul Kehler to Andrea R Cooper recorded it Volume 1235, Page 9311 peed Records, Denton County. Texas, THENCE N 89' 01' 20-1N, 10,93 feet wittl said south line of said Houston place and with said rarth line of said Cooper trac': to an iror rod found for Comer, said point being the northwest corner of said Cooper tract, THEtJCE S 00* 464T E. 1411,94 feet with the west line of said Cooper tract to an iron rod found for corner, said point being the southwest corner of said Cooper tract; THENCE S 8 ° 86' 34„ E„ 6.67 feet with the south line of said Cooper tract to an iron rod found for comer, said paint being the northwest corner of sold Nolen tract, THENCE S 00' 67' 08" VV, 372 16 feet with to mmW lime of said Nolen tract to the PLACE OF BEGINNING and cortairing 4.678 acres of hand. PAGE 6 73 Z09-0013 PROPOSED OVERLAY RESTRICTIONS: 1. Refer to the Permitted Use Table (Exhibit 1) for a detailed list of permitted uses allowed. 2. Prior to obtaining a building permit a site plan shall be approved by the Planning and Zoning Commission. The site plan shall address: a. The architecture of the structures (as addressed below), b. Buffering of adjacent single family property c. Houston Street Access 2. Building height shall be limited to 40' and/or two stories. 3. A 6' foot high solid screen fence (good side out) constructed with steel post and a decorative cap shall be constructed in the required buffer yard in lieu of the required buffer shrubs. All required buffer trees shall be planted in accordance with the requirements of the Denton Development Code. 4. Access shall be from Bonnie Brae and/or Oak Street. No access shall be from Houston Street. Houston Place shall not be extended and will not become a thru street to Bonnie Brae. 5. Masonry columns approximately 26 feet on center and wrought iron style fencing shall be constructed adjacent to the west end of Houston Street Right of Way. 6. The following architectural standards shall be incorporated into any new building 1. Architectural elements such as awnings, extended overhangs, columns or shutters shall be incorporated into the design of buildings. 2. All windows shall be Double Insulated windows with thermal break and no mirrored glass. 3. Flat roofs shall not be permitted. The minimum roof pitch shall be 4:12 and the maximum roof pitch shall be 10:12. 4. New buildings shall incorporate alternating roof plate heights. 5. Shingles (if used) shall be a minimum 30 year architectural style composition shingle. 6. All new buildings shall be architecturally compatible with each other including, but not limited to similar designs, materials, colors and detailing. 74 (Exhibit 1) Z09-0013 - Permitted Use Tables Residential Land Use Categories , Commercial Land Use Agriculture N Home Occupation N Livestock N Sale of Products Grown on Site N Single Family Dwellings N Hotels N Accessory Dwelling Units N Motels N Attached Single Family Dwellings N Bed and Breakfast N Dwellings Above Businesses N Retail Sales and Service L(1 7A) Live/Work Units N L(17A)= Permitted within 140 feet of W. Oak and limited to no more than 7,500 square feet of gross floor area per use, uses Duplexes N are permitted greater than 140 feet from W. Oak with approval of an SUP. Community Homes For the Disabled N Movie Theaters N Group Homes N Restaurant or Private Club SUP & L 11A Multi-Family Dwellings N L(1 1A)= Limited to sit down only, and no drive up service Manufactured Housing Developments N permitted. Limited to no more than 100 seats and no more than 4,000 square feet of restaurant area. P= Permitted, N=not permitted, SUP= Specific Use Permit Drive-through Facility SUP Required, L(X) = Limited as defined in Section 35.5.8 Professional Services and Offices L(17) Quick Vehicle Servicing N Vehicle Repair N Auto and RV Sales N Laundry Facilities N Equestrian Facilities N Outdoor Recreation N Indoor Recreation N Major Event Entertainment N Commercial Parking Lots N Administrative or Research Facilities SUP & 1_0 7 Broadcasting of Production Studio N Sexually Oriented Business N Temporary Uses SUP & L(38) P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 355.8 September 16. 2010 75 Industrial Land Use Categories NRMU Institutional Land Use Categories llm~u Printing / Publishing N Basic Utilities SUP Bakeries N Community Service SUP Manufacture of Non-odoriferous N Parks and Open Space P Foods Feed Lots N Churches P Food Processing N Semi-public, Halls, Clubs, and Lodges N Heavy Manufacturing N Business / Trade School N Wholesale Sales N Adult or Child Day Care SUP Wholesale Nurseries N Kindergarten, Elementary School N Distribution Center N Middle School N Wholesale Storage and Distribution N High School N Self-service Storage N Colleges N Construction Materials Sales N Hospital N Junk Yards and Auto Wrecking N Elderly Housing N Kennels N Medical Centers L(17) Cemeteries N Veterinary Clinics N Sanitary Landfills, Commercial Mortuaries N Incinerators, Transfer Stations N P= Permitted, N=not permitted, SUP= Specific Use Permit Gas Wells N Required, L(X) = Limited as defined in Section 35.5.8 P= Permitted, N=not permitted, SUP= Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 76 '+S )IIDO -M / aws aiuuag o IN3MO 13AN vnnwV21QNVEJL ' x t~oarJ f a £Td0-6{)Z rvv-td pus Av,aaAo I„I I - hE 0 y 15 .VVO A4 a~ s - s - ti H ~ C1 IX x w _ _ O '?d !Vt?1 ~'l1~N o ~d _r Z09-0013 PROPOSED OVERLAY RESTRICTIONS: 1) 1 Ir ~rvlces an- .."c s, limite : + no m+,. than 25,000 _ gross fior r Ball oe _ )only Ian ' ri° n the a) Prior to obtaining a building permit a site plan shall be approved by the City Council. The site plan shall address: b) The architecture of the structures (as addressed below) c) Buffering of adjacent single family property (as addressed below) d) Houston Street Access (as addressed below) 2) Building height shall be limited to 40' and/or two stories. 3) A 6' foot high solid screen fence (good side out) constructed with steel post and a decorative cap shall be constructed and maintained in the required buffer yard adjacent to the I y line in lieu of the required buffer shrubs. All required buffer trees shall be planted in accordance with the requirements of the Denton Development Code. If constructed of wood, th( - call bE r. 4) Access shall be from Bonnie Brae and/or Oak Street. No access shall be from Houston Place. Houston Place shall not be extended and will not become a thru street to Bonnie Brae. 5) Masonry columns approximately 26 feet on center and wrought iron style fencing shall be constructed adjacent to the west end of Houston Street Right of Way. The required Buffer Yard "Type U vegetation shall be planted adjacent the wrought iron style fencing. 6) The following architectural standards shall be incorporated into any new building: a) Architectural elements such as awnings, extended overhangs, columns or shutters shall be incorporated into the design of buildings. b) All windows shall be Double Insulated windows with thermal break and no mirrored glass. c) Flat roofs shall not be permitted. The minimum roof pitch shall be 4:12 and the maximum roof pitch shall be 10:12. d) New buildings shall incorporate alternating roof plate heights. e) Shingles (if used) shall be a minimum 30 year architectural style composition shingle. f) All new buildings shall be architecturally compatible with each other including, but not limited to similar designs, materials, colors and detailing. September 22, 2010 78 '+S NDO -M f anag aauU013 o 1N3WdOl3A3q viinW"QNVP1 N >+oo a_ 6ui ~d~,_ £ T{)0-60Z Naga 3 s tala3no E a o m _ &2 _ - - - g ° u a 55 6 MM 2 Na' m - -E~ F 2.5 v o n Yk. ce. R, L? a m a. d a v ~ y W in ~ a ~J ~ tv. ~ cry - X13 AV ~ ' A. _ z w z O w x - G a MOa ~ ~ p ' v ~ 11~ 1V _ ` rv k CQ F- _ c Z c d - K d S w C5 it EXHIBIT 23 s: legal our documentsordinances 10z09-0013 bonnie brae medical(2).doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM A NEIGHBORHOOD RESIDENTIAL 3 (NR-3) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION WITH AN OVERLAY CONTAINING ADDITIONAL RESTRICTIONS AS NOTED, FOR ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF NORTH BONNIE BRAE STREET AND WEST OAK STREET IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (Z09-0013) WHEREAS, Springbrook Planning Group has applied for a change in zoning for approximately 4.678 acres of land from a Neighborhood Residential 3 (NR-3) zoning district classification and use designation to a Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation, with consideration being given to overlay restrictions; and WHEREAS, on April 28, 2010, the Planning and Zoning Commission recommended approval of the change in zoning on a acre portion therein, depicted and legally described in Exhibits and , attached hereto and incorporated herein by reference (the "Property"), subject to imposition of certain additional overlay restructures; and WHEREAS, the City Council finds that, subject to further refined overlay restrictions as specified herein, the change is consistent with the Denton Plan and the Development Code; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference as true. SECTION 2. The zoning district classification and use designation for the Property is hereby changed from the Neighborhood Residential 3 (NR-3) zoning district classification and use designation to the Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation, with a restrictive overlay further conditioning the Property as specified herein. Notwithstanding the attached real property description, the property being rezoned includes all property to the centerline of all adjacent street rights-of-way. SECTION 3. Prior to obtaining a final plat, a site plan must be submitted to, and and approved by, the City Council. The site plan shall address: a) The architecture of the strictures (as listed below). b) Buffering of adjacent single family property (as listed below). c) Prohibition of access from Houston Place (as listed below). SECTION 4. The only permitted use on the Property is Professional Services and Offices, limited to no more than 25,000 square feet of gross floor area per use. s: legal our documentsordinances ,10z09-0013 bonnie brae medical(2).doc SECTION 5. Building heights shall be limited to forty (40) feet and/or two stories. SECTION 6. A 6' foot high solid screen fence (good side out) should be installed per the requirements of the Denton Development Code, constricted with steel posts and decorative caps, in the locations specified within Exhibit C, attached hereto and incorporated herein by reference, and is subject to further restrictions as follows: a. The fence shall be constricted in accordance with Section 35.13.9 of the Denton Development Code and Section 17-80 of the Property Maintenance Code. b. The fence shall be constricted in the required buffer yard adjacent to the property line in lieu of the required buffer shrubs. c. All required buffer trees shall be planted in accordance with the requirements of the Denton Development Code. d. If the fence is constricted of wood, the wood shall be cedar. e. A building permit for the fence must be issued at the same time a permit is issued for constriction of the first stricture on the Property. f Masonry columns approximately 26 feet on center and wrought iron style fencing shall be constricted adjacent to the west end of Houston Street Right of Way as shown in Exhibit of this ordinance. g. The required Buffer Yard "Type U vegetation shall be planted adjacent the wrought iron style fencing. SECTION 7. Access to the Property shall be from Bonnie Brae Street and West Oak Street. No access shall be allowed from Houston Place. Houston Place shall not be extended to become a thru street to Bonnie Brae Street. SECTION 8. The following architectural standards shall be incorporated into any new building located within the Property: a) Architectural elements such as awnings, extended overhangs, columns or shutters shall be incorporated into the design of buildings. b) All windows shall be Double Insulated windows with a thermal break, and no mirrored glass. c) Flat roofs shall not be permitted. The minimum roof pitch shall be 4:12 and the maximum roof pitch shall be 10:12. d) New buildings shall incorporate alternating roof plate heights. e) Shingles (if used) shall be a minimum 30 year architectural style composition shingle. f) All new buildings shall be architecturally compatible with each other including, but not limited to similar designs, materials, colors and detailing. SECTION 9. The City's official land use map is amended to show the change in the land use designation. SECTION 10. If any provision of this ordinance or the application thereof to any person or PAGE 2 s: legal our documentsordinances ,10z09-0013 bonnie brae medical(2).doc circumstance 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. SECTION 11. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 12. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 12010. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: PAGE 3