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HomeMy WebLinkAboutJune 06, 2000 Agenda AOENDA Agenda Ite;_ CITY OF DENTON CITY COUNCIL Date June 6, 2000 ARer dete~mng that a quorum ~s present ~d convemng ~n ~ Open Meeting, the C~ty Co~ml of ~e Ci~' of Denton, Texas will convene ~n a Closed Meeting on Tuesday, June 6, 2000 at 5 15 p m ~n the C~ty of Denton Council Work Session Room, Denton C~ty Hall, m 215 East McK~nney, Denton, Texas to consider specffic ~tems when these ~tems ~e hsted below ~der the Closed Meettng section of this agenda ~en ~tems for cons~deratlon ~e not hsted under ~e Closed Meeting section of the agenda, ~e C~ty Council will not conduct a Closed Meeting at 5 15 p m ~d will convene at the t~me hsted below for ~ts regul~ or spectal called meeting The C~ty Co.cfi rose.es ~e right to adjourn into a Closed Meenng on any ~tem on ~ts Open Meenng agenda consistent w~ Chapter 551 of the Texas Gove~ent Code, as mended, as set fo~ below 1 Closed Meeting A Dehberat~ons Reg~d~ng Real Prope~y - Under TEX GOV'T CODE Section 551 072 1 Recmve ~nfo~at~on from Staff, &scuss, dehberate, consider, ~d provide Staff w~th adwce ~d &rect~on pe~mmng to ~e location of, the p~chase price of, the possible te~s of purchase of, negottat~ng ~ssues, and valuation ~ssues mspect~ng the possible acqmmt~on by the C~ty of Denton of two (2) tracts of real prope~y, comprising 32 acres, both tracts being s~tuated w~th~n the H S~sco S~ey, Abstract No 1184, ~n Denton County, Texas, which acqmsltmn ~s for a pubhc p~ose, ; 2 Receive ~nfo~at~on ~om Staff, discuss, dehberate, consider, and provide Staff ~th advtce ~d d~rect~on pe~alnmg to the location of, the purchase price of, the possible te~s of p~chase of, negotiating ~ssues, ~d valuation ~ssues respecting the possible acqmstt~on by the C~ty of Denton of a 0 21 acre tract being s~tuated wtth~n the W Loving S~ey, Abstract No 759, ~n Denton Co~ty, Texas, which acqms~tmn ~s for a pubhc p~ose, B Consul~t~on~Attomey-UnderTEX GOV'T CODESec 551 071 1 Consider ~d d~scuss possible settlement of clmm and potentml ht~gauon ~n a matter involving ~ appeal to the Zomng Board of Adjus~ent and ~mr dems~on on the clmmed non-confo~ng status of the prope~y located on the south s~de of Edwards Road about 2,000 feet west of Swisher Road ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBE~TED 1N A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TE~S GOVE~MENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH F~AL ACTION¢ DECISION, OR VOTE IS TArN IN THE CLOSED MEETING IN ACCO~ANCE WITH THE PROVISIONS OF SECTION 551 086 OF THE TEXAS GOVERNMENT CODE (THE "PUBLIC POWER EXCEPTION") THE CI~ CO~CIL ~SERVES THE RIGHT TO ADJOU~ ~TO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHO~ZED BY TEX GOV'T CODE, SECTIONS 551 001, ET SEQ (THE TE~S OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN C~ty of Denton C~ty Council Agenda June 6, 2000 Page 2 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 SECTIONS 551 071-551 086 OF THE TEXAS OPEN MEETINGS ACT Regular Meeting of the City of Denton City Council on Tuesday, June 6, 2000 at 6 00 p m in the Council Chambers at Cay Hall, 215 E McKlnney Street, Denton, Texas at which the following items will be considered 1 Pledge of Allegmnce A U S Flag B Texas Flag "Honor the Texas Flag -- I pledge allegiance to thee, Texas, one and ~ndivisible" 2 Consider approval of the minutes of May 2, May 9, May 12, and May 16, 2000 PROCLAMATIONS/PRESENTATIONS 3 Proclamations A Pause for the Pledge Day 4 Resolution of Appreciation A Consider approval of a resolution of appreciation for Max Blackburn 5 Presentations A Presentation to Parks Department from Denton County Law Enforcement Memorial Commission B Presentation of Texas Safety Association Awards C Presentation of Texas Water Utihties Association "Best Tasting Water" Award from North Texas District CITIZEN REPORTS 6 Receive a report from Paul Bennett regarding planning and zoning 7 Receive a report from Tom Atk~ns regarding the C~ty's health insurance 8 R,ece~ve a report from Mildred Calvert regar&ng the importance of organ and tissue donation 9 Receive a report from Ross Melton regarding lawyers, pharisees, and hypocmes enforcing aesthetms, unanswered letters and lawsmt 10 Receive a report from DessIe Goodson regarding City of Denton issues C~ty of Denton C~ty Council Agenda June 6, 2000 Page 3 CONSENT AGENDA Each of these ~tems ~s recommended by the Staff and approval thereof wdl be strictly on the bas~s of the Staff recommendations Approval of the Consent Agenda authorizes the C~ty manager or h~s designee to ~mplement each ~tem ~n accordance w~th the Staff recommendations The C~ty Councd has received background ~nformat~on and has had an opportumty to rinse questions regarding these ~tems prior to consideration L~sted below are b~ds and purchase orders to be approved for payment under the Consent Agenda (Agenda Items 11-34) Th~s hst~ng ~s prowded on the Consent Agenda to allow Counctl Members to d~scuss or w~thdraw an ~tem prior to approval of the Consent Agenda If no ~tems are pulled, Consent Agenda Items 11-34 below wall be approved w~th one motion If ~tems are pulled for separate d~scuss~on, they w~ll be considered as the first ~tems under "Items for Indtwdual Consideration" 11 Consider approval of a tax refund to Joshua Cotton The 1999 tax was prod twice, resulting m an overpayment 12 Consider approval of a tax refund to Westminster LTD The 1999 tax was prod twine, resulting ~n an overpayment 13 Consider approval of a tax refund to Westminster LTD The 1999 tax was prod twice, resulting m an overpayment 14 Consider approval of a tax refund to Westminster LTD The 1999 tax was pard twice, resulting ~n an overpayment 15 Consider approval of a tax refund to Dade International, Inc The 1999 assessed value was deleted from the tax roll, resulting ~n an overpayment 16 Consider approval of a tax refund to Avant~ Health Systems The 1999 assessed value was deleted from the tax roll, resulting ~n an overpayment 17 Consider adoption of an ordinance accepting competitive b~ds and awarding a pubhc works contract for the construction of Westwood Area Waterhne, prowd~ng for the expenditure of funds therefore, and providing an effective date (B~d 2482 - Westwood Area Waterhne awarded to Jagoe Pubhc Company ~n the amount of $175,401)) 18 Conmder approval of a resolution endorsing the Dallas Fort Worth Clean Clttes Techmcal Coahtlon 19 Consider adoption of an ordinance approvtng the expenditure of funds for the purchase of mmntenance of J D Edwards Flnancml Software available from only one source in accordance w~th the prowslons of State Law exempttng such purchases from reqmrements of competitive b~ds, and prowd~ng an effective date (PO 05292 - J D Edwards World W~de Solutions Company ~n the amount of $68,000) 20 Consider adoption of an ordinance approvtng the expendtture of funds for the annual contract for the purchase of BIOXIDE, a product avmlable from only one source ~n City of Denton City Council Agenda June 6, 2000 Page 4 accordance with the provisions of State Law exempting such purchases from requirements of competitive b~ds, and prowd~ng an effective date (File 2515 - awarded to U S Filter at $1 85 per gallon annual estimate usage 28,000 gallons or $51,800) 21 Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the ~nstallatlon of underground utdtues, prowding for the expenditure of funds therefore, and providing an effective date (B~d 2491 - Annual Contract for Electric Underground Servmes Installatmn awarded to Barco Construction, Inc dba Reeves Enterprises) 22 Consider adoption of an ordinance accepting competitive bids and awarding a contract for the supply of weathering steel poles, promdlng for the expenditure of funds therefore, and providing an effective date (Bid 2497 - Steel Poles awarded to Thomas and Betts in the amount of $221,253) 23 Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of 138kV phase-over-phase sw~tch, providing for the expenditure of funds therefore, and providing an effective date (B~d 2505 - 138 kV Phase Over Phase Sw~tch awarded to the lowest bidder, Utility Sales Agent, in the amount of $19,740) 24 Consider adoption of an ordinance awarding a contract for the purchase of materials and supphes for telephone system upgrades as approved by the State of Texas General Services Commission through a Quahfied Information Services Vendor (QISV) Catalogue, providing for the expenditure of funds therefore, and providing an effective date (PO 05302 to GTE in the amount of $272,496 67) 25 Consider adoption of an ordinance awarding a contract for the purchase of an automated permits management, project tracking and code enforcement software system as approved by the State of Texas General Services Commission through a Qualified Information Services Vendor (QISV) Catalogue, providing for the expenditure of funds therefore, and providing an effective date (PO 05303 to CRW ~n the amount of $223,050) 26 Consider adoption of an ordinance of the City of Demon, Texas, authorizing the Mayor to execute an Interlocal Cooperation Agreement between the City of Denton, Texas and Denton County, Texas for the construction and ~mplementatlon of a w~de area fiber network, authorizing the expenditure of funds therefore, and providing an effective date 27 Consider adoption of a resolution allowing Jon Jon's N~ghtclub to be the sole participant allowed to sell alcohohc beverages at the Juneteenth Dance on June 16, 2000, upon the condlt~on of obtmmng booth, obtaining hcense and permit, providing general liability insurance, and agreeing to lndemmfy the city for any hablhty, authorizing the C~ty Manager to execute an agreement for the conditions, and providing for an effective date 28 Consider approval of a resolution approving an Infrastructure Sales Tax Agreement by and between the City of Denton, Texas and Robson Denton Development, L P, an Arizona Limited Partnership respecting the construction of a wastewater treatment plant, and declaring an effective date City of Denton C~ty Council Agenda June 6, 2000 Page 5 29 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Second Amendment to the Contract for Professional Legal Services between Wolfe, Clark, Henderson & T~dwell and the City of Denton, authorizing the expenditure of funds therefore, and providing an effective date 30 Consider adoption of an ordinance declaring a public necessity exists and finding that pubhc welfare and convenience requires the taking and acquiring of an approximate 0 451 acre 19,632 square foot tract or parcel of land in fee simple for street purposes such t~tle to be in the name of the State of Texas, acting by and through the Texas Transportation Commission and said property being located in the Thomas Toby Survey, Abstract No 1288 and the B B B & C R R Survey, Abstract No t86 in the City of Denton, Denton County, Texas, and an approximate 0 1668 acre or 7267 6 square feet public utthty easement m the name of the City of Denton, Texas being located ~n the Thomas Toby Survey, Abstract No 1288 and the B B B & C R R Survey, Abstract No 186 ~n the City of Denton, Denton County, Texas, and an approximate 0 005 acre or 208 square feet drainage easement in the name of the State of Texas, acting by and through the Texas Transportation Commission being located ~n the Thomas Toby Survey, Abstract No 1288 and the BBB & CRR Survey, Abstract No 186 In the City of Denton, Denton County, Texas, authorizing the C~ty Manager or his designee to make an offer to purchase the property for its fair market value and ~f such offer is refused, authorizing the City Attorney to institute the necessary proceedings in condemnation in order to acquire the property necessary for the public purpose of constructing street improvements for U S Highway 77, and declaring an effective date (Parcel 33B, 33BE) 31 Consider adoption of an ordinance declaring a public necessity exists and finding that pubhc welfare and convemence requires the taking and acquiring of an approximate 0 360 acre or 15,695 square foot tract or parcel of land in fee simple for street purposes such title to be in the name of the State of Texas, acting by and through the Texas Transportatmn Commission and said property being located in the B B B & C R R Survey, Abstract No 186 in the City of Denton, Denton County, Texas and an approximate 0 0455 acre or 1982 square foot and 0 0668 acre or 2910 square foot public utthty easement in the name of the City of Denton, Texas being located in the B B B & C R R Survey, Abstract No 186 in the City of Denton, Denton County, Texas, authorizing the C~ty Manager or his designee to make an offer to purchase the property for its fair market value and ff such offer is refused, authorizing the City Attorney to institute the necessary proceedings in condemnation in order to acquire the property necessary for the public purpose of constructing street improvements for U S Highway 77, and declaring an effective date (Parcel 33D) 32 Consider adoption of an ordinance declaring a pubhc necessity exists and finding that public welfare and convenience requires the taking and acquiring of an approximate 0 272 acre or 11,832 square foot tract or parcel of land in fee simple for street purposes such t~tle to be in the name of the State of Texas, acting by and through the Texas Transportation Commission and smd property being located in the B B B & C R R Survey, Abstract No 186 in the City of Denton, Denton County, Texas, and an approximate 0 0993 acre or 4,051 square foot public utility easement in the name of the City of Denton, Texas being located in the B B B & C R R Survey, Abstract No 186 in the City of Denton, Denton County, Texas, authorizing the City Manager or his designee to make an offer to purchase the property for its fmr market value and ~f such offer is refused, authorizing the City Attorney to institute the necessary proceedings in C~ty of Denton City Council Agenda June 6, 2000 Page 6 condemnation m order to acqmre the property necessary for the pubhc purpose of constructing street ~mprovements for U S Highway 77, and declaring an effective date (Parcel 33F) 33 Consider adoption of an ordinance declanng a pubhc necessity exists and finding that pubhc welfare and convemence reqmres the taking and acqumng of an approximate 0 267 acre or 11,629 square foot tract or parcel of land in fee simple for street purposes such t~tle to be ~n the name of the State of Texas, acting by and through the Texas Transportation Commission and smd property being located in the Thomas Toby Survey, Abstract No 1288 m the C~ty of Denton, Denton County, Texas and an approximate 0 0994 acre or 4,331 78 square foot pubhc ntthty easement in the name of the C~ty of Denton, Texas being located m the Thomas Toby Survey, Abstract No 1288 ~n the C~ty of Denton, Denton County, Texas and an apprommate 0 332 or 14,446 square foot drarnage easement ~n the name of the State of Texas, acting by and through the Texas Transportation Commiss~on being located in the Thomas Toby Survey, Abstract No 1288 ~n the C~ty of Denton, Denton County, Texas, authorizing the C~ty Manager or his designee to make an offer to purchase the property for ~ts fmr market value and ff such offer is refused, anthonzmg the City Attorney to institute the necessary proceedings ~n condemnation ~n order to acquire the property necessary for the pubhc purpose of constructing street improvements for U S Highway 77, and declaring an effective date (Parcel 33A, 33AE) 34 Consider adoption of an ordinance declaring a pubhc necessity exists and finding that pubhc welfare and convemence reqmres the taking and acqmrtng of an approximate 0 010 acm or 452 square foot tract or parcel of land ~n fee simple for street purposes such t~tle to be m the name of the State of Texas, acting by and through the Texas Transportation Commission and smd property being located ~n the B B B & C R R Survey, Abstract No 186 m the C~ty of Denton, Denton County, Texas, authorizing the C~ty Manager or his designee to make an offer to purchase the property for ~ts fmr market value and ~f such offer ~s refused, authorizing the C~ty Attorney to ~nstltute the necessary proceedings ~n condemnation m order to acqmre the property necessary for the pubhc purpose of constructing street ~mprovements for U S H~ghway 77, and declaring an effective date (Parcel 37) PUBLIC HEARINGS 35 Hold a pubhc heanng and consider approving a Detmled Plan for approximately 0 08 acres w~th~n Planned Development 172 (PD-172) zomng district The property ~s located on the south end of the comer of Nowhn Road and Nowhn Road The ~ntent is to ~nstall new facllmes at an ex~st~ng cellular telephone tower s~te The Planmng and Zomng Comm~ssmn recommends approval (7-0) w~th conditions (Z-00-007) 36 Hold a pubhc hearing and consider approwng a Detailed Plan for Planned Development 87 (PDt87) zomng d~stnct The apprommately 4 3 acre property is located at the southwest comer of Southndge and Ldhan Mdler The ~ntent ~s to develop a 14-room Bed and Breakfast fac~hty The Planmng and Zomng Commission recommends approval (6-0) w~th condmons (Z-99-092) City of Denton City Council Agenda June 6, 2000 Page 7 37 Hold a public hearing and consider approving a Detailed Plan to rezone from a One- family dwelling (SF-7) zoning district to a Planned Development (PD) zoning district The 3 816 acre property is located at 2225 East McKlnney Street A residential/office mixed-use development is proposed The Planning and Zoning Commission recommends approval (6-1) with conditions (Z-00-005) 38 Hold a public hearing and consider approving an ordinance amending Chapter 34, Subdivision and Land Regulations of the Code of Ordinances, to amend the expiration date of Preliminary Plats and General Development Plans The Planning and Zoning Commission recommends approval (5-0) (SI-00-09) ITEMS FOR INDIVIDUAL CONSIDERATION 39 Consider and take action on a Non-residential Project Plan request for a 0 61 acre property at the southeast comer of Teasley Lane (FM 2181) and Interstate 35E A gas station/convenience store is proposed (SP-00-003) 40 Consider and take action on a request for relief from the Non-Residential Interim Regulations, Ordinance 2000-069, for a 4 9+_ acre property located at 5001 West University The proposal is to rezone the property from Agriculture (A) to Light Industrial (LI), to be consistent with the exlsnng CBS Mechanical operations (RN-00- 26, CBS Mechanical) 41 Consider and take action on a request to extend the approval of a Specific Use Permit (SUP) for a fraternity house located on the southeast comer of W Oak and Fry Streets, at 1305 W Oak Street The 0 75 acre site is zoned General Retail (GR) The proposal is to develop a nine (9)-bedroom fraternity house for the Delta Lodge The SUP was approved on June 15, 1999 by Ordinance No 99-208 42 Consider approval of an ordinance approving an application form for an applicant for a cable television franchise, setting a non-refundable apphcatlon free for the costs of review, issuance, and enforcement of the application, and providing an effective date 43 Consider adoption of an ordinance of the City of Denton, Texas, providing for the renaming of Stallion Way to Big Horn Trail, and providing an effective date 44 Consider approval of a resolution of the City Council of the City of Denton, Texas, replacing a policy for tax abatement for the City of Denton to estabhsh guldehnes and criteria governing tax abatement agreements, and declaring an effective date 45 Consider adoption of an ordinance authorlmng the City Manager to execute contracts for professional legal services with the law firms of Strasburger & Price, L L P and the law firm of Bucek and Frank to ~mtlate and prosecute ht~gat~on agmnst TXU Electric & Gas and to perform other legal servmes in accordance with the contracts for professional legal servmes, authorizing the expenditure of funds therefore, and providing an effective date 46 Consider an appointment to the Transportation Excellence for the 21st Century Committee and authorize related expenses for that appointment City of Denton City Council Agenda June 6, 2000 Page 8 47 New Business Th~s item provides a section for Council Members to suggest items for future agendas 48 Items from the C~ty Manager A Notification of upcoming meetings and/or conferences B Clarification of items on the agenda 49 Possible continuation of Closed Meeting under Sections 551 071-551 086 of the Texas Open Meetings Act 50 Officml Action on Closed Meeting under Sections 551 071-551 086 of the Texas Open Meetings Act CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the .day of ., 2000 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 1N ADVANCE OF THE SCHEDULED MEETING PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEV1CES 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 CITY OF DENTON CITY COUNCIL MINUTES Agenda No O~ May 2, 2000 Agenda Item oat. /', A~er dete~mng that a quo~ was present ~d convemng ~n ~ open meenng, ~e C~ty Co~cfi convened m a Spee~fl Called Meeting on Tuesday, May 2, 2000 at 11 00 a m m the C~ty Co~efl Ch~bers of C~W Hall P~SENT Mayor Miller, Mayor Pro Tem Beasley, Co~cfl Members Bu~oughs, Coc~, ~d D~ce ~SENT Co.cfi Members ~stoferson ~d Young 1 The Co.cfi reemved ~d opened b~ds reg~dxng C~W of Denton General Obhgatxon Bonds, Series 2000 Dawd Med~ch, F~rst Sou~west Comply, opened the bxds ~d read the effecnve xnterest rate as follows P~dent~fl Secuntms, 5 8008, Fxrst Southwest Comply, 5 736, Sou~west Set.tins, 5 749, Pa~e Webber, 5 791 He stated ~at all of ~e bxds had been checked for accuracy ~d t~mehness 2 The Co.cfi conmdered adoptxon of ~ or&n~ce authorizing ~e xssu~ce, sale, ~d dehve~ of Czty of Denton Generfl Obhgatmn Bonds, Series 2000, ~d approwng ~d authorizing xns~ents ~d procedures relating thereto, ~d prowdxng ~ effecnve date The followxng or~n~ce w~ co~xdered NO 2000-163 ~ O~CE AUTHO~Z~G THE ISSUANCE, SALE, A~ DELIVERY OF CITY OF DENTON GE~ OBLIGATION BO~S, SE~ES 2000, ~ ~PROV~G ~ AUTHO~G ~STR~ENTS A~ PROCED~S ~LAT~G THE~TO, A~ PROVID~G AN EFFECTIVE DATE Beasley mo~oned, B~ou~s seconded to adopt ~e or&n~ce aw~&ng ~e b~d to F~rst Sou~west Comply On roll vote, Be~ley "aye", B~ou~s "aye", Coe~ "aye", D~ee "aye", ~d Mayor Mill~ "aye" Morton passed ~mously 3 The Council recewed ~d opened b~ds reg~dxng Cxty of Denton Cemficates of Obhgatmn Bonds, Series 2000 Dawd M,d~ch, Fxrst Southwest Comply, read ~e b~ds reeexved w~ ~e effectxve mterest rate P~dentml, 5 804, F~rst Southwest Comply, 5 7402, Pa~e Webber, 5 794, Southwest Set.tins, 5 797 He stated ~at ~e bxds had been checked for acc~acy ~d t~melmess 4 The Co.cfi conmdered adop~on of ~ or&n~ce authorizing ~e ~ssu~ce, sale, ~d dehve~ of C~ty of Denton Cemficatcs of Obhgatmn Bonds, Series 2000, ~d approving au~onzmg ms~ents ~d procedures relanng thereto, ~d prow&ng ~ effecUve date The followmg ordinate was consxd~ City of De~ton City Council Minutes May 2, 2000 Page 2 NO 2000-164 AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON CERTIFICATES OF OBLIGATION BONDS, SERIES 2000, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO, AND PROVIDING AN EFFECTIVE DATE Durrance motmned, Burroughs seconded to adopt the ordinance awarding the bid to F~rst Southwest Comp any With no further business, the meeting was adjourned at 11 15 a m After determmmg that a quorum was present and convening m an Open Meeting, the C~ty Council convened m a Closed Meeting on Tuesday, May 2, 2000 at 5 15 p m m the C~ty of Denton C0unell Work Sessmn Room PRESENT Mayor Miller, Mayor Pro Tern Beasley, Council Members Burroughs, Coehran, Durrance, Knstoferson and Young ABSENT; None 1 Closed Meeting A Dehberat~ons Regarding Certain Pubhc Power Utilities Competmve Matters --- Under TEX GOV'T CODE Seetmn5$1 086 1 Received information from Staff pertmnmg to several msues respecting the present and future efficient mmntenance, repair, and operation of the Spencer Generation Plant, and chscussed, dehberated, considered, and prowded Staffw~th direction respecting such msues 2 Considered final actmn regarding the hftmg and cancellation of the condition expressed and set forth m Ordinance No 2000-152, as enacted by the Council on April 18, 2000, and final action unconditionally approving the Agreement and Purchase Order entered into by and between the C~ty of Denton and Apphed Utility Systems, lnc for the purchase of combustion technology equipment and related professional engmeenng serwces, authorizing the expenditure of funds therefor, and prowd~ng an effective date 3 Received a presentation and information from Staff respecting valuation issues related to electric transmission and dmtnbutlon assets owned by Denton Mumc~pal Electric, and d~scuss, dehberate, consider, and prowde Staff w~th d~rect~on respecting such issues BI Dehberat~ons Regarchng Real Property - Under TEX GOV'T CODE Section 551 072 Caty of Denton Caty Council Minutes May 2, 2000 Page 3 1 Considered possable real property acqulsataon ancludang value for relocation of Edwards and Mayhall Roads near State School Road, an the D Lambert Survey, Abstract 784, an the M E P & P R R Co Survey, Abstract 950, and in the G Walker Survey, Abstract 1330 an the Caty of Denton C Consultataon with Attorney - Under TEX GOV'T CODE Section 551 071 1 Receipt of legal advice from the City's attorneys regarding contemplated or threatened latlgataon concerning the RNW Addition and the rezomng thereof under Zomng Case 00-03, being an approxamate 8 3 acre site located on the comer of Teasley and Teasley mcludang dascussaon with the City's attorneys of the legal aspects of such a rezomng under circumstances where the duty of the Caty's attorneys under the Texas Dasclplmary Rules of Professional Conduct of the State Bar of Texas requires such chseusslons to be held an private Regular Meeting of the City of Denton Caty Council on Tuesday, May 2, 2000 at 6 30 p m in the Councal Chambers at City Hall PRESENT Mayor Miller, Mayor Pro Tern Beasley, Council Members Burroughs, Cochran, Dun'mace, Kristoferson and Young ABSENT None 1 Pledge of Allegiance The Council and members of the auchence recited the Pledge of Allegaance to the U S and Texas flags 2 The Councal considered approval of the minutes of April 4 mad April 11, 2000 Beasley motioned, Knstoferson seconded to approve the minutes as presented On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Mailer "aye" Motaon carried unammously PROCLAMATIONS/PRESENTATIONS 3 Mayor Maller presented the following proclamations A Days of Remembrance B Arson Awareness Week C TWU Gymnastics Day D Dnnkang Water Week 4 Presentation for Dnnkmg Water Week Denton Mununpal Utflltaes employees presented fun facts regarding water and water usage C~ty of Denton City Council Minutes May 2, 2000 Page 4 CITIZEN iREPORTS 5 Th~ Council received a report from Wflhe Hudspeth regarrhng tree removal from bas property Mr Hudspeth reviewed the s~tuatlon regarding the removal of trees from bas property He also commented on the types of businesses that were being allowed to develop ~n the southeast Denton area CONSENT AGENDA BurroughsI motioned, Knstoferson seconded to approve the Consent Agenda and accompanying ordinances and resolutmn On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Miller "aye" Motion camed unammously 6 Approved a tax refund to Stewart Tale for TMI, Inc The 1999 tax was paid twice, resulting in an overpayment 7 Approved a tax refund to Extraco Mortgage for Mark & Terry Krantz The 1999 tax was paid twice, resulting m an overpayment 8 Approved a tax refund to F~rst Amencan Tax Serwce for John & L~nda Yarbrough The 1999 tax was prod twice, resulting ~n an overpayment 9 Approved a tax refund to First American Tax Service for Doyle Davis The 1999 tax was pard twice, resulting m an overpayment 10 Approved a tax refund to First Denton Ltd The 1998 taxable amount was lowered per court order of 12/29/99, resulting m an overpayment 11 NO 2000-155 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE DELINQUENT TAX ATTORNEY CONTRACT WiTH THE LAW FIRM OF LINEBARGER, HEARD, GOGGAN, BLAIR, GRAHAM, PEI~IA & SAMPSON, L L P, AND THE LAW FIRM OF GREGORY & BRAI)SHAW, P C EXTENDING THE CONTRACT FOR AN ADDITIONAL ONE YEAR TERM ENDING ON JLrNE 30, 2001, AUTHORIZING THE CITY MANAGER TO GIVE WRITTEN NOTICE TO THE FIRM OF ITS DESIRE TO EXTEND THIS CONTRACT, AMENDING THE FIRM NAME AND MAKING ADDITIONAL CHANGES TO THE CONTRACT, AUTHORIZING THE EXPENDITURE OF FUNDS, AND PROVIDING AN EFFECTIVE DATE 12 NO R2000-017 A RESOLUTION APPROVING THE TRANSFER OF DUTIES AS VITAL STATISTICS REGISTRAR FROM THE CITY OF DENTON TO THE COUNTY C~ty of Denton C~ty Council Minutes May 2, 2000 Page 5 CLERK OF DENTON COUNTY, TEXAS, AND PROVIDING FOR AN EFFECTIVE DATE 13 NO 2000-156 AN ORDINANCE AUTHORIZING THE WITHDRAWAL OF A BID AND CANCELLATION OF AN AWARD OF A CONTRACT FROM AND TO SMITH LANDSCAPES FOR THE ANNUAL CONTRACT FOR MOWING SERVICES, PROVIDING FOR A NEW AWARD TO THE SECOND LOWEST RESPONSIBLE BIDDER, AND PROVIDING AN EFFECTIVE DATE (BID 2467 - ANNUAL MOWING CONTRACT SECTION B AWARDED TO BLAGG LAWN SERVICE IN THE ESTIMATED ANNUAL AMOUNT OF $25,000) 14 NO 2000-157 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE CITY OF COPPELL RELATING TO PARTICIPATION IN THE CITY OF DENTON CONTRACT WHICH PROVIDES FOR THE PURCHASE OF OFFICE SUPPLIES AND SIMILAR MATERIAL, AND DECLARING AN EFFECTIVE DATE (FILE 2502 - INTERLOCAL AGREEMENT WiTH CITY OF COPPELL) 15 NO 2000-158 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A SERVICE CONTRACT FOR THE CONSTRUCTION OF MISCELLANEOUS TRAFFIC SIGNAL INSTALLATIONS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2492 - CONSTRUCTION OF TRAFFIC SIGNALS AWARDED TO THE SINGLE RESPONDENT DURABLE SPECIALTIES, INC IN THE ESTIMATED ANNUAL AMOUNT OF $110,000) 16 NO 2000-159 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE SALE OF SCRAP TRANSFORMERS, AND PROVIDING AN EFFECTIVE DATE (BID 2493 - SALE OF SCRAP TRANSFORMERS AWARDED TO SESCO, INC ) 17 NO 2000-160 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE SUPPLY OF LIME AND AGGREGATE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2494 - LIME AND AGGREGATE AWARDED AS LISTED) C~ty of Denton C~ty Cotmcfl M~nutes May 2, 2000 Page 6 18 NO 2000-161 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE CITY OF DALLAS FOR THE LAKE RAY ROBERTS GROWTH MANAGEMENT PLAN, AUTHORIZING THE CITY MANAGER TO EXPEND FUNDS AS REQUIRED BY SUCH AGREEMENT, AND PROVIDING AN EFFECTIVE DATE PUBLIC ltEARINGS 19 The Council held a pubhc heanng and considered rezomng approximately 8 3 acres, commonly known as RNW Addition from a Planned Development (PD-16) zoning dlsmct to Conditioned Neighborhood Service (NS) zoning dlsmct The property was located at the southwest comer of Teasley Lane and Teasley Lane The Planning and Zoning ComnllSSlOn's motion to recommend approval fmled (2-5) (Z-99-00-03, RNW Addmon) Doug Powell, D~rector of Planmng and Development, stated that this was a city lmtmted zomng proposal as ~t was determined to not be m compliance w~th the Comprehensive Plan It would require a supermajonty vote of Councal for approval The Mayor opened the pubhc heanng The followmg mchv~duals spoke during the pubhc hearing Ydm Jenson, 829 Abbot's Lane, Denton, 76205 - favor Teresa Andres, 34 Oak Forest Carcle, Denton, 76205 - favor/postpone Robert Ktssam, 2221 Loon Lake Road, Denton, 76205 - favor Dean Garner, 3002 Manor Court North, Denton - favor/postpone Tommy Thompson, 900 Elhson Park C~rcle, Denton, 76205 - favor GeofB~ssell, 2013 Lamprey C~mle, Denton, 76205 - favor Robyn Mullendore, 1139 Oakhnrst, Denton, 76205 - favor Lee R~uney, 211 Royal Oaks Place, Denton, 76205 - favor Rodney Stubblefield, 2405 Kanba Lane, Denton, 76205 - favor Lmda Chapel, 1019 Rldgecrest Cxmle, Denton, 76205-favor/postpone Lynn Thompson, 1520 Hunters Pddge C~mle, Denton, 76205 - favor Mafia Cartwnght, 1143 Oakhurst, Denton, 76205 - favor Monya Satterfield, 1108 Chapel, Denton, 76205 - favor Nora Carmen, 911 Smokense Circle, Denton, 76205 - favor Harry Phflhps, 1128 Bent Oaks Drive, Denton, 76205 - favor/postpone Don Bailey, 1408 Lynhurst Lane, Denton, 76205 - favor John Kokahs, 1400 Lynhurst, Denton, 76205 - favor John Alexander, 4811 Bluffv~ew, Dallas, 75209 - opposed The following lndlmduals submitted Comment Cards Patncm Boosa, 43 Rolling Hills C~mle, Denton, 76205 - favor Sharon Key, 1100 Elhson Park, Denton, 76205 - favor Dawn Ide, 3608 Lake Country Drive, Denton, 76205 - favor City of Denton Ctty Council M~nutes May 2, 2000 Page 7 Brenda Jordan, 3733 Lake Country Dnve, Denton, 76205 - favor Nancy Leggett, 1105 Abbot's Lane, Denton, 76205 - favor Troy and Kelly MeFarland, 2316 Caddo Circle, Denton, 76205 - favor Robert Insley, 3600 Longhorn Drive, Denton, 76205 - favor Colette Yetka, 2520 Champlmn Lane, Denton, 76205 - favor John Michael Weldon, 21 H~ghvlew Circle, Denton, 76205 - favor Staey Weldon, 21 Highwew Circle, Denton, 76205 - favor Jennifer Ponder, 2220 Stonegate Drive, Denton, 76205 - favor Kurt Jenson, 829 Abbot's Lane, Denton, 76205 - favor Ken Scruggs, 3700 Longhorn Drive, Denton, 76205 - favor Rebecca and Wflham Thomas, 1100 Indian R~dge, Denton, 76205 - favor Para Rudd, 9 Rolhng Hill Circle Denton, 76205 - favor Chris Spencer, 3725 Ranchman Blvd, Denton, 76205 - favor Johanna and Hunter Marshall, 3400 Santa Momca Drive, Denton, 76205 - favor Margaret Joy Kay, 705 Sewlle Road, Denton, 76205 - favor Cynthm Gray, 2517 Sundown, Denton, 76205 - favor Todd Gray, 2517 Sundown, Denton, 76205 - favor Sheral Thompson, 900 Elhson Park Circle, Denton, 76205 - favor Paul Rawley, 1421 Hunters Rtdge Circle, Denton, 76205 - favor Clements Rawley, 1421 Hunters R~dge Circe, Denton, 76205 - favor Sandra Faust, 912 Elhson Park C~rcle, Denton 76205 - favor Lynn M~ehelson, 3701 Lake Country Drive, Denton, 76205 - favor Greg Bnstow, 901 Smokense C~rcle, Denton, 76205 - favor Diane Jolly, 1127 Oakhurst, Denton, 76205 - favor Herman and Ehzabeth Vogt, 2017 Lamprey Circle, Denton, 76205 - favor B B McMenamy, 2305 Stonegate Circle, Denton, 76205 - favor Lavem and Bonme Bassett, 905 Padgecrest Circle, Denton, 76205 - favor Robert and Nydm Slgler, 920 Elhson Park Circle, Denton, 76205 - favor Debb~e Leonard,, 800 Smokense Circle, Denton, 76205 - favor James Leonard,, 800 Smokense Circle, Denton, 76205 - favor Lynn Thompson, 1520 Hunters R~dge, Denton, 76205 - favor Panla Scott, 704 Smokerlse Circle, Denton, 76205 - favor Seema Mazhar, 3804 Granada Trml, Denton, 76205 - favor Charmmne Asouza, 1113 Indian Ridge Drive, Denton, 76205 - favor Mary Woodruff, 704 Lafayette, Denton, 76205 - favor The Mayor closed the public heanng Mayor Pro Tem Beasley asked for a comment from the DISD representatives Gene Holloway, Planner-DISD, stated that the DISD had partmular concerns that needed to be addressed regarding the proposal Council discussed the proposed uses for the property under the current regulations and future regulations City of Denton City Council Minutes May 2, 2000 Page 8 Mayor Pro Tem Beasley stated that she was concerned that the City had not met regarding the District's concerns and had not received comments from the DISD Some of the individuals at the meeting had expressed concerns regarding traffic Beasley motioned, Knstoferson seconded to postpone consideration until the next regular City Council meeting and asked staff to meet with the DISD for comments regarding their opposition to the proposal On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "nay", and Mayor Miller '`nay" Motion earned with a 5-2 vote ITEMS FOR INDIVIDUAL CONSIDERATION 20 Tt~e Council considered an appointment by the City Manager of a new member to the Civil Sermce Commission City Manager Jez appointed Vincent Ramos Beasley motioned, Burroughs seconded to approve the appointment On roll vote, Beasley "aye", Burroughs "aye", Coehran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Miller "aye" Motion earned unanimously 21 The Council considered and took action on a request for relief from the Residential Interim Regulations, Ordinance 2000-069, for Regency Oaks Phase II The l0 2+ acre site was generally located on the east of FM 1830 and south of Hobson Lane Twenty-two (22) SF-16 residential lots were proposed (RR-00-11, Regency Oaks) Doug Powell, Assistant Director for Planning, stated that the request was for relief from submlttmg prehmmary and final plats for a proposed 20 lot single-family subdivision Evertt Newlan spoke m favor of the request for relief Knstoferson motmned, Burroughs seconded to approve the request for relief On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Miller "aye" Motion passed unammously 22 Tl~e Council considered and took action on a request for relief from the Residential Interim Regulations, Ordinance 2000-069, for Eagle Place Apartments The 0 35+ acre property was located at 317 Bernard Street Fourteen (14) efficiency apartments were proposed (RR-00- 12, Eagle Place Apartments) Doug Powell, Assistant Director for Planning, stated that relief was being sought from the residential interim regulations to submit a building permit to construct a 14 unit apartment complex David Manmng spoke m favor of the request for relief Burroughs motioned, Young seconded to approve the request On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "nay", Knstoferson "aye", Young "aye", and Mayor Miller "aye" Motion passed with a 6-1 vote City of Denton City Council Minutes May 2, 2000 Page 9 23 The Council considered and took action on a request for relief from the Residential Interim Regulations, Ordanance 2000-069, for the 420 acre Preserve at Pecan Creek Subdivision and a 42 acre parcel adjacent to The Preserve and south of Pockrus Page Road, (RR-00-13, The Preserve) A Relief to proceed with zonmg and platting on a 42 ± acre parcel located adjacent to The Preserve at Pecan Creek and south of Pockrus Page Road Single-family development was proposed B Rehef to proceed with an application to amend the Detailed Plan for PD-132 (The Preserve) to revise lot coverage Doug Powell, Director for Planning and Development, stated that Item B was no longer needed Mare Foothek spoke m favor of the request for relief for Item A Burroughs motioned, Young seconded to grant relief based on the conditions that the property would be ancluded m the current planned development with the same eondmons as the current planned development On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "nay", Knstoferson "nay", Young "aye", and Mayor Miller "aye" Motion passed with a $-2 vote 24 The Council continued consideration of and took action on a Non-residential Project Plan request for Oak Tree Plaza Shopping Center The 7 44-acre site was located at the southeast comer of Loop 288 and Spencer Road (SP-00-001, Oak Tree Plaza) Doug Powell, D~rector of Planing and Development, stated that a revised plan had been submitted by the applicant for Cotmcfl consideration Mayor Pro Tern Beasley asked if all of the concerns by staffhad been worked out Powell replied yes The following resolution was considered NO R2000-018 A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING A NONRESiDENTIAL PROJECT PLAN FOR OAK TREE PLAZA SHOPPING CENTER, BEING AN APPROXIMATE 7 44 ACRE SITE LOCATED AT THE SOUTHEAST CORNER OF LOOP 288 AND SPENCER ROAD, AND PROVIDING FOR AN EFFECTIVE DATE (SP-00-001, OAK TREE PLAZA) Beasley motioned, Young seconded to approve the resolution with the two alternate designs Ralph Isenberg spoke in favor of the request for rehef City of Denton City Cotmcfl Minutes May 2, 2000 Page 10 On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "nay", Knstoferson "aye", Young "aye", and Mayor Miller "aye" Motion passed with a 6-1 vote Council Member Young left the meeting 25 The Council considered and took action on a request for relief from the Non-Residential Interim Regulations, Ordinance 2000-069, for a 1+ acre property located at 319 East Prmne The proposal was for wheat processxng and storage (RN-00-25, Momson Mllhng) Kristoferson motioned, Burroughs seconded to approve the request for relief On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", and Mayor Miller "aye" Motion passed unammously Council Member Young returned to the meeting 26 The Council considered approval of a recommendation from the 2000 Oversight Committee to use parkland acquisition funds to cover additional costs on the Denton Rail Trail Project Rack Svehla, Deputy City Manager, stated that funds would be transferred to the rafts to trails project Bonds would be sold to replace the funds used this year Beasley motioned, Durrance seconded to approve the recommendation On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Miller "aye" Motion passed unammously 27 The Council considered approval of a resolution of the City of Denton, Texas suppomng the s~mpllficat~on of state and local sales and use taxes, and urging states to move expeditiously to develop and approve model simplification legislation that allows state and local sales and use taxes to be applied equitably to tradmonal retml and remote sales, and promdmg an effective date The following resolution was considered NO R2000-019 A RESOLUTION OF THE CITY OF DENTON, TEXAS SUPPORTING THE SLMPLIFICATION OF STATE AND LOCAL SALES AND USE TAXES, AND URGING STATES TO MOVE EXPEDITIOUSLY TO DEVELOP AND APPROVE MODEL SIMPLIFICATION LEGISLATION THAT ALLOWS STATE AND LOCAL SALES AND USE TAXES TO BE APPLIED EQUITABLY TO TRADITIONAL RETAIL AND REMOTE SALES, AND PROVIDING AN EFFECTIVE DATE Durrance motioned, Beasley seconded to approve the resolution with a mothficataon removing the second sentence of the second paragraph On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Miller "aye" Motion passed unammously City of Denton City Council Minutes May 2, 2000 Page 11 28 The Council considered nominations and appointments to the City's Boards and Commissions Council Member Young nominated Ernest McNefll Mayor Pro Tem Beasley nominated Alice Gore Krlstoferson motioned, Durrance seconded to suspend rules and vote on the nominations On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Miller "aye" Motion passed unanimously On roll vote for Ernest McNelll, Beasley "nay", Burroughs "nay", Cochran "nay", Durrance "nay", Kristoferson "nay", Young "aye", and Mayor Miller "nay" Motion failed with a 1-6 vote On roll vote for Alice Gore, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye', Young "nay', and Mayor Mlller "aye' Mot~onpasscdwltha6-1 vote 29 New Business There were no items of New Business suggested by Council Members 30 Items from the City Manager A Notification of upcoming meetings and/or conferences B Clarification of items on the agenda City Manager Jez did not have ~tems for Council 31 There was no continuation of Closed Meeting under Sections 551 071-551 086 of the Texas Open Meetings Act 32 Official Action on Closed Meeting under Sections 551 071-551 086 of the Texas Open The following ordinance was considered NO 2000-162 AN ORDINANCE CONSIDERING FINAL ACTION REGARDING THE LIFTING AND CANCELLATION OF THE CONDITION EXPRESSED AND SET FORTH IN ORDINANCE NO 2000-152, AS ENACTED BY THE COUNCIL ON APRIL 18, 2000, AND FINAL ACTION UNCONDITIONALLY APPROVING THE AGREEMENT AND PURCHASE ORDER ENTERED INTO BY AND BETWEEN THE CITY OF DENTON AND APPLIED UTILITY SYSTEMS, INC FOR THE PURCHASE OF COMBUSTION TECHNOLOGY EQUIPMENT AND RELATED PROFESSIONAL ENGINEERING SERVICES, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE City of Denton C~ty Council M~nutes May 2, 2000 Page 12 Beasley motioned, Burroughs seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Miller "aye" Motion passed unammously With no further bus~ness, the meeting was adjourned at 10 00 p rn JACK MILLER, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL M1NUTES May 9, 2000 After determ~mng that a quorum was present, the C~ty of Denton City Council convened in a Regular Meeting on Tuesday, May 9, 2000 at 7 00 p m ~n the Councd Chambers at C~ty Hall PRESENT Mayor Miller, Mayor Pro Tern Beasley, Council Members Burroughs, Cochran, Dun'mace, Knstoferson and Young ABSENT None 1 Pledge of Allegiance The Council mad members of the audience recited the Pledge of Alleg~mace to the U S and Texas flags 2 Proclamation for UNT Cheerleaders Mayor Miller presented a proclamation for the UNT Cheerleaders 3 The Council considered adoption of an or&nance canvassing the retums and declanng the results of the regular munm~pal election held m the C~ty of Denton Texas, on May 6, 2000, and providing an effective date The followang ordinance was considered NO 2000-165 AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE REGULAR MUNICIPAL ELECTION HELD IN THE CITY OF DENTON TEXAS, ON MAY 6, 2000, AND PROVIDING AN EFFECTIVE DATE Durrance motioned, Young seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochrma "aye", Durrmace "aye", Knstoferson "aye", Young "aye", and Mayor Miller "aye" Motion passed unammously 4 The Council considered approval of a Resolution of Appreciation for Mayor Jack Miller Krlstoferson motioned, Burroughs seconded to approve the Resolution of Appreclat~on On roll vote, Beasley "aye", Burroughs "aye", Coehran "aye", Durrance "aye", Knstoferson "aye", and Young "aye" Motion earned unammously 5 Oath of Office adm~mstered to newly elected Council Members Jennifer Waiters, City Secretary, administered the Oath of Office to Euhne Brock, Mayor, Rom Beasley, Councd Member - Place 5, mad Mark Burroughs, Council Member - Place 6 6 The Council consadered the elect~on of a Mayor Pro Tem Councd Member Cochran nominated Rom Beasley On roll vote, Beasley "aye", Burroughs "aye", Coehran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion earned unammously City of Dmton City Council Minutes May 9, 2000 Page 2 7 The Council considered an appointment of a Council representative to the Regional Transportation Council Council Member Young nominated Mark Burroughs On roll vote, Beasley "aye", Burroughs "aye", Coehran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion earned unammously W~th no further business, the meeting was adjourned at 7 35 p m EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES May 12, 2000 The Demon City Council held an Informational Briefing Session on Fnday, May 12, 2000 at 11 30 a m an the Council Work Session Room at City Hall PRESENT Mayor Brock, Mayor Pro Tem Beasley, Council Members Durrance, and Knstoferson ABSENT Council Members Burroughs, Cochran, and Young 1 The Council received a report and held a discussion regarding the progress of the Development Code Rewrite Doug Powell, Director of Planning and Development, reviewed the progress of the Code Committee He stated that there had not been a quorum of members at the last meeting and no formal business could be done That would have an effect on the progress of the rewrite Council dascussed ways to get the members back to the committee It was felt that there might be a need to revise the resolution that created the Committee in order to reduce the number of members needed for a quorum Powell stated that it was not a legal requirement that the Committee review the Code and Council and the Planning and Zoning Commission could still proceed with the review John Fregonese stated that the code was ready for initial review by the Planning and Zoning Commission Other areas of public lnvolvemem could include a newsletter, an open house with Information from staff, a dropqn center for ~nformation and the use of the Int~'net Council requested a list of committee members, who appointed each member, attendance of the members and the schedule of future meetings It was felt that the Council might be able to call the members who were not attending the meetings and urge them to complete the work of the Committee With no further business, the meeting was adjourned at 12 45 p m EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES May 16, 2000 After det~}rmlmng that a quorum was present and convening in an Open Meeting, the City Council convened in a Closed Meeting on Tuesday, May 16, 2000 at 5 15 pm in the City of Denton Council Work Session Room PRESENT Mayor Brock, Mayor Pro Tem Beasley, Councd Members Burroughs, Cochran, Durrance, Knstoferson and Young ABSENT None 1 Closed Meeting A Dehberat~ons Regarrhng Certain Public Power Utd~tles Competitive Matters --- Under TEX GOV'T CODE Section 551 086 ** Deliberations Concerning Real Property --- Under TEX GOV'T CODE Section 551 072 1 Received information from Staff, dascussed, dehberated, considered, and prowded Staff with dlrect~on respecting the valuation of, and the possible sale, transfer, asslgrnuent, or other divestiture of real property pertaining to the C~ty of Denton's electric utthty system, ~ncludmg, w~thout hm~tat~on the Gibbons Creek generation famhty located m Gnmes County, Texas, the Spencer generation fac~hty located on Spencer Road in Denton County, Texas, the two hydroelectric famht~es located ~n Denton County, Texas, and other components of the City's electric generation assets B Consultation with Attorney - Under TEX GOV'T CODE Section 551 071 1 Received briefing from attorneys regarding status of ht~gatmn styled Muntc~pal Admmtstrattve Servtces, Inc v Ctty of Denton, Cause No 99- 50263-367 currently pending m the 367th D~stnct Court of Denton County, Texas Regular Meeting of the City of Denton City Council on Tuesday, May 16, 2000 at 6 00 p m in the Council Chambers at City Hall PRESENT Mayor Brock, Mayor Pro Tem Beasley, Counml Members Burroughs, Cochran, Durrance, Knstoferson and Young ABSENT None 1 Pledge of Allegiance The Councd and members of the audience recited the Pledge of Allegiance to the U S and Texas flags 2 The Council considered approval of the mmutes of Apnl 18 and Apn125, 2000 C~ty of Denton City Council Minutes May 16, 2~00 Page 2 Burroughs motioned, Beasley seconded to approve the minutes as presented On roll vote, Beasley "aye", Burroughs "aye", Coehran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and~ Mayor Brock "aye" Motion carried unanimously PROCLAMATIONS/PRESENTATIONS 3 The Council considered a Resolution of Appreciation for R~ck Svehla Beasley motmned, Cochran seconded to approve the resolution On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion earned unanimously CITIZEN REPORTS 4 The Council received a report from Gene Price regarding request for speed humps on Stuart near Chisholm and Driftwood Mr Price was not at the meeting 5 The Council received a report from Wllhe Hudspeth regarding tree removal from his property Mr Hudspeth stated that he was still concerned about removal of his trees on bas property for drainage ~mprovements 6 The Council received a report from Brian Tucker regarding ~nstallat~on of a sidewalk on his property Mr Tucker indicated that he was having a problem with the C~ty regarding the installation of a sidewalk On his property He felt the City did not have an easement to install that s~dewalk and he and bas ineighbors d~d not want a sidewalk on his property NOISE EXCEPTIONS 7 The Council considered adoption of an ordinance of the City of Denton, Texas, granting, pursuant to Sectlon~20-1(c)(2) of the Code of Ordinances of the City of Denton, Texas an exception to the limitations imposed by that section w~th respect to hours of operation of an amphfied loudspeaker system, and prowding an effective date (Juneteenth Celebration Act~wties) The following ordinance was considered NO 2000-166 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING, PURSUANT TO SECTION 20-1(C)(2) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS AN EXCEPTION TO THE LIMITATIONS IMPOSED BY THAT City of Denton City Council Minutes May 16, 2000 Page 3 SECTION WITH RESPECT TO HOURS OF OPERATION OF AN AMPLIFIED LOUDSPEAKER SYSTEM, AND PROVIDING AN EFFECTIVE DATE Beasley motioned, Young seconded to approve the excepUon On roll vote, Beasley "aye", Burroughs "aye", Coehran "aye", Durranee "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motmn passed unammously CONSENT AGENDA Durrance motmncd, Burroughs seconded to approve the Consont Agenda and thc accompanying ordinances and resolut:on On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knsto£~rson "aye", Young "aye", and Mayor Brock "aye" Motion pass~ unanimously 8 NO 2000-157 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASE OF REPAIRS REQUIRED DUE TO FIRE DAMAGE TO THE SPENCER STATION #3 COOLING TOWER IN ACCORDANCE WITH PROVISION OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING, AND PROVIDING AN EFFECTIVE DATE (PO 05460 TO MIDWEST TOWERS, INC IN THE AMOUNT OF $316,538) 9 NO 2000-168 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASE OF 750 MCM COPPER URD CONDUCTOR IN ACCORDANCE WITH PROVISION OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING, AND PROVIDING AN EFFECTIVE DATE (PO 05490 TO TEMPLE, INC IN THE AMOUNT OF $140,946) 10 NO 2000-169 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF INFORMIX SOFTWARE MAINTENANCE COVERAGE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2490A - INFORMIX MAINTENANCE COVERAGE AWARDED TO THE SOLE RESPONDENT, HARRIS COIViPUTER SYSTEMS IN THE AMOUNT OF $35,185) 11 NO 2000-170 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF INDIAN RIDGE CHANNEL IM_~ROVEMENTS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2488 - INDIAN City of D~nton C~ty Collrlcll Minutes May 16, 2000 Page 4 RIDGE CHANNEL IMPROVEMENTS AWARDED TO SENECA CONTRACTING CORPORATION IN THE AMOUNT OF $177,570) 12 NO 2000-171 AN ORDINANCE ACCEPTING COMPETITIVE IDS AND AWARDING A CONTRACT FOR THE PRINTING OF THE 1999-2020 DENTON PLAN, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2508 - PRINTING OF DENTON PLAN AWARDED TO MCCORD PRINTING IN THE AMOUNT OF $22,135) 13 NO R2000-020 A RESOLUTION ADOPTING THE 2000 NORTH LAKES PARK MASTER PLAN UPDATE OF THE CITY OF DENTON, AND PROVIDING AN EFFECTIVE DATE 14 NO 2000-172 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SEWER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND BEL-AIR DEVELOPMENT LTD FOR THE CITY'S PARTICIPATION IN THE OVERSIZING OF THE SEWER MAINS AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE 15 NO 2000-173 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND BEL-AIR DEVELOPMENT LIMITED FOR THE CITY'S PARTICIPATION IN THE OVERSIZING OF WATER MAINS IN ACCORDANCE WITH THE TERMS AND CONDITIONS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE 16 NO 2000-174 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH FREESE AND NICHOLS, INC FOR ENGINEERING SERVICES PERTAINING TO THE FINAL DESIGN OF, THE PREPARATION OF CONSTRUCTION PLANS AND SPECIFICATIONS FOR, AND THE PERFORMANCE OF RELATED CONSTRUCTION PHASE SERVICES FOR THE CITY OF DENTON LAKE RAY ROBERTS WATER TREATMENT PLANT, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE City of Denton City Council M~nutes May 16, 2000 Page 5 Councd considered Items//24 24 The Counml considered adoption of an ordinance rezomng approximately 8 3 acres, commonly known as RNW Addition fi.om a Planned Development (PD-16) zoning district to Conditioned Neighborhood Service (NS) zomng district The property was located at the southwest corner of Teasley Lane and Teasley Lane The Planning and Zoning Commission's motion to recommend approval failed (2-5) (Z-00-03, RNW Addition) Doug Powell, Director of Plannmg and Development, stated that there were three outstandmg issues relative to this proposal following the last Council meeting Those ~ssues dealt with a conversation w~th the DISD to express concerns, conditions regarding height of braiding, and the list of uses Staff had received a letter from the developer requesting a postponement for two weeks to work out further detmls w~th the DISD Council held a d~scusmon relative to the developer meeting w~th the DISD Questions were rinsed whether the developer and owner had new concepts to discuss w~th the DISD regarding the proposal The following md~wduals spoke regarding the ~ssue Bill Dahlstrom, 1445 Ross Avenue, State 3200, Dallas, 75202 - requested postponement Klm Jensen, 829 Abbot's Lane, Denton, 76205 - favor Marla Cartwnght, 1143 Oakhurst, Denton, 76205 - favor Teresa Andress, 34 Oak Forrest C~mle, Denton, 76205 - favor Lynn Thompson, 1520 Hunters Ridge C~rcle, Denton, 76205 - favor Tommy Thompson, 900 Elllson Park C~rcle, Denton, 76205 - favor Non Carmene, 911 Smokense Circle, Denton, 76205 - favor Lmda Chapel, 1019 Radgecrest Clmle, Denton, 76205 - favor The following Speaker Cards were submitted John Kokalls, 1400 Lynhurst, Denton, 76205 - favor Sheray Thompson, 900 Elhson Park Clmle, Denton, 76205 - favor Sharon Key, 1100 Elhson Park, Denton, 76205 - favor Mr and Mrs Larry Schneider, 1016 Elhson Park C~rcle, Denton, 76205 - favor Bill and Dawn Ide, 3608 Lake Country Drive, Denton, 76205 - favor Bob and Cheryl Insley, 3600 Longhorn, Denton, 76205 - favor Brenda Jordan, 3733 Lake Country Drive, Denton, 76205 - favor Klm and Clans Spencer, 3725 Ranchman Blvd, Denton, 76205 - favor David and Tncla Hope, 3604 Longhorn Drive, Denton, 76205 - favor Reed and Shelly Cullum, 36078 Longhorn Drive, Denton, 76205 - favor Cindy and Todd Gray, 3517 Sundown Blvd, Denton, 76205 - favor Lynn and Stacy Mthken 3701 Lake Country Drive, Denton, 76205 - favor C and Paul Rawley, 1421 Hunters R~dge C~rcle, Denton, 76205 - favor Kurt Jensen, 829 Abbot's Lane, Denton, 76205 - favor Jack and RoyAnn Cox, 3624 Lake Country Drive, Denton, 76205 - favor Joel Bhxt, 2200 Lakeside Court, Denton, 76205 - favor Jaekle Shamel, 3604 Granada Trml, Denton, 76205 - favor C~ty of Denton C~ty Counml Minutes May 16, 2000 Page 6 Holhe Daughtrey, 3600 Lake Country, Denton, 76205 - favor Kyle B~ggerstaff, 3817 Ranchman, Denton, 76205 - favor L~sa Dougherty, 3812 Lake Country Blvd, Denton, 76205 - favor Knstoferson motioned, Cochran seconded to adopt the ordinance w~th the recommended conditions and amending the bullchng height to 40 feet from the ex~st~ng grade of the s~te Young motioned to postpone consideration Motion d~ed for lack of a second Mayor Pro Tern Beasley stated that the current zomng for the proposal was ~ncons~stent with the newly adopted Denton Development Plan and was ~n favor of the rezomng Council Member Burroughs stated that the level of commumcat~on w~th the DISD had been very poor The c~tazens m the area were not in favor the current zomng and ~t was not reasonable to have a h~gh volume traffic business m the area with the elementary school Council Member Knstoferson felt that them had been ample opportunity for further d~alog that might have reached an agreeable conclusion The current zomng was 27 years old and ~t was reasonable to have reconsideration of the current zomng The following ordinance was conmdered NO 2000-181 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM PLANNED DEVELOPMENT (PD-16) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD SERVICE (NS) WITH CONDITIONS ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 8 3 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF TEASLEY LANE AND TEASLEY LANE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE (Z-00-03) On roll vote, Beasley "aye", Burroughs "aye", Coehran "aye", Durrance "aye", Knstoferson "aye", Young "nay", and Mayor Brock "aye" Motion passed w~th a 6-1 vote PUBLIC HEARINGS 17 The Council held a pubhc heanng and considered adoption of an ordinance granting approval of a sub-surface use of a portion of the Bent Creek Park on Ft Worth Dr (U S 377) south of the Kansas C~ty Southern Rmlroad The installation of a Pubhc Utd~ty Easement m accordance w~th Chapter 26 of the Texas Parks and Wildlife Code, prowdmg for the issuance of an easement and prowdmg an e£feet~ve date Ed Hodney, D~reetor of Parks and Recreatmn, stated that a sub-surface easement was requested ~n the park property for contmuatmn of ntfl~ty services City of Denton City Council M~nutes May 16, 2000 Page 7 The Mayor opened the pubhc heanng No one spoke dunng the pubhc heanng The Mayor closed the pubhc heanng The following ordinance was considered NO 2000-175 AN ORDINANCE GRANTING APPROVAL OF A SUB-SURFACE USE OF A PORTION OF THE BENT CREEK PARK ON FT WORTH DR (U S 377) SOUTH OF THE KANSAS CITY SOUTHERN RAILROAD THE INSTALLATION OF A PUBLIC UTILITY EASEMENT IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE, PROVIDING FOR THE ISSUANCE OF AN EASEMENT AND PROVIDING AN EFFECTIVE DATE Young motioned, Burroughs seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion passed unanimously 18 The Councd held a public heanng and considered adoption of an ordinance granting approval of a sub-surface use of the Denton Branch Rml/Tmfl at Shady Oaks Drive for the ~nstallatmn of a Drmnage Easement m accordance w~th Chapter 26 of the Texas Parks and Wildlife Code, providing for the ~ssuance of an easement and promd~ng an effective date Ed Hodney, Director of Parks and Recreation, stated that this was a s~mflar ~tem to Item//17 Th~s would be a sub-surface drmnage easement at the Denton Branch Rml/Trml The Mayor opened the pubhc heanng No one spoke dunng the pubhc heanng The Mayor closed the pubhc heanng The following ordinance was considered NO 2000-176 AN ORDINANCE GRANTING APPROVAL OF A SUB-SURFACE USE OF THE DENTON BRANCH RAIL/TRAIL AT SHADY OAKS DRIVE FOR THE INSTALLATION OF A DRAINAGE EASEMENT IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE, PROVIDING FOR THE ISSUANCE OF AN EASEMENT AND PROVIDING AN EFFECTIVE DATE Beasley motioned, Burroughs seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion passed unanimously City of Denton Caty Council Manures May 16, 2000 Page 8 19 The Council held the first of two public heanngs to consider the proposed anvoltmtary annexataon of approxamately 250 acres generally located west of Sherman Dr approximately 3,600' noffit of Loop 288 an the extratemtonal jurisdiction of the Caty of Denton, Texas The zoning at the time of the annexation would be Agricultural (A) (A-99, Sherman Road Arena Sate) Doug Powell, Darector of Planning and Development, stated that Council heard the proposal for annexation at a work sessaon The proposal for the site was a horse arena The property owner was m opposmon to the annexataon The property owner had requested a dascusslon with the Cotmcfl at, an upcoming work sessaon to present an altematave to annexataon The Mayor opened the public hearing The following mdlvaduals spoke dunng the pubhc heanng JeffNoe, 7569 FM428, Denton, 76208 - neutral Davad Vanderlaan, 609 Ryan Road, Denton, 76205 - requested postponement Don Hall, 907 W Hackory, Denton, 76201 - requested postponement The Mayor closed the pubhc heanng Council directed staff to place this atem on the May 23ra Council agenda for discussion and darectaon 20 The Cotmcfl held a pubhc heanng and eonsadered amendang Chapter 34 "Subdavlslon and Land Development Regulations", Appendax A-1 "Street Desagn Specfficatlons' of the Code of Ordmance of the Caty of Denton, Texas to change the required street right-of-way wadths for primary and secondary arterials The Plarmlng and Zoning Commassaon recommended approval (7~0) Doug Powell, Director of Planmng and Development, stated that the ordanance would change the required street right-of-way widths for primary and secondary arterials It was necessary to change the ordanance at thas point m tame due to ancreased development The Mayor opened the pubhc heanng No one spoke during the public heanng The Mayor closed the pubhc heanng The followang ordinance was consadered NO 2000-177 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 34 "SUBDIVISION AND LAND DEVELOPMENT REGULATIONS", APPENDIX A-1 "STREET DESIGN SPECIFICATIONS" OF THE CODE OF ORDINANCES OF THE C~ty of Denton Ctty Cotmcfl M~nutes May 16, 2000 Page 9 CITY OF DENTON, TEXAS TO CHANGE THE REQUIRED STREET RIGHT-OF- WAY WIDTHS FOR PRIMARY AND SECONDARY ARTERIALS, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE Knstoferson motioned, Young seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion earned unammously 21 The Council held a pubhc hearing and considered an ordinance adopting amendments to the interim Res~dentaal Regulations, Ordinance No 2000-046 to modify exemptions of certain types of applleat~ons Doug Powell, D~rector of Plannmg and Development, stated th~s would amend the 5 acre exemption for a m~nor plat The ~ntenm res~dentml regulations would not apply to a residential development apphcat~on for approval of land not more than 5 acres in s~ze The Mayor opened the pubhc heanng No one spoke dunng the pubhc heanng The Mayor closed the pubhc heanng The following ordinance was considered NO 2000-178 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO 2000-046 COMMONLY CALLED THE "RESIDENTIAL INTERIM REGLrLATIONS" TO PROVIDE FOR REVISIONS TO THE EXEMPTIONS TO SAID REGULATIONS, PROVIDING FOR SEVERABILITY, PROVIDING AN EFFECTIVE DATE, AND PROVIDING A SAVINGS CLAUSE Burroughs motioned, Young seconded to adopt the orthnance On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "nay", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion earned w~th a 6-1 vote 22 The Council held a pubhc heanng and considered an ordinance adopting amendments to the interim Non-Res~dentml Regulations, Ordinance No 2000-069 to change a defimtlon and add an exemption for certmn types of apphcat~ons Doug Powell, D~rector of Planning and Development, stated that the defimtmn of a development apphcatmn would be amended The interim regulations would also be amended to not include any budding expanmons and/or adtht~ons to an ex~st~ng bmlthng of structure of less than 10% or 1000 square feet, whmh ever was less The following ordinance was considered City of Denton City Cotmcd Minutes May 16, 2000 Page 10 NO 2000-179 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO 2000-069 COMMONLY CALLED THE "NONRESIDENTIAL INTERIM REGULATIONS" TO PROVIDE FOR REVISIONS TO SAID REGULATIONS, PROVIDING FOR SEVERABILITY, PROVIDING AN EFFECTIVE DATE, AND PROVIDING A SAViNGS CLAUSE Knstoferson motioned, Durrance seconded to vote separately on the two proposed amendments The Mayor opened the public heanng No one spoke dunng the public heanng The Mayor closed the public heanng On roll vote to consider the proposed amendments separately, Beasley "aye", Burroughs "nay", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "nay", and Mayor Brock "aye" Motion carried w~th a 5-2 vote Beasley motioned, Young seconded to approve the amendment to Section 1 On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "nay", Knstoferson "nay", Young "aye", and Mayor Brock "aye" Motion earned w~th a 5-2 vote Cochran motioned, Burroughs seconded to approve the amendment to Section 2 On roll vote, Beasley "aye", Burroughs "aye", Coehran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and,Mayor Brock "aye" Motion carned unammously 23 The Council held a pubhc hearing and considered approval of a Detailed Plan to change 0 519 acres from SF-7 zomng district to a Planned Development (PD) zomng dmtnct The property was located 95 feet east of the ~ntersectlon of Ruddell Street and May Street A 3-lot slngle-famdy subdivision was proposed The Planmng and Zoning Commission recommended approval (6-1) with conditions (Z-00-004) Doug Powell, D~rector of Planning and Development, stated that a three lot single family development was proposed for this site The Mayor opened the public heanng The following ~nd~mduals spoke dunng the public hemng Allen Bussell, 1621 Amanda Court, Ponder, 76259 - favor Nanette Behnmg, 2224 Woodbrook, Denton, 76201 - favor The Mayor closed the pubhc hearing The followmg ordmance was considered City of DeNton City Council Minutes May 16, 2000 Page 11 NO 2000-180 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM SF-7 ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT (PD-184) WITH CONDITIONS ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 0 519 ACRES OF LAND LOCATED 95 FEET EAST OF THE INTERSECTION OF RUDDELL STREET AND MAY STREET, COMMONLY KNOWN AS 1207 AND 1209 MAY STREET, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,00000 FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE (Z-00-004) Cochran motioned, Young seconded to adopt the ordinance with conditions On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion earned unanimously ITEMS FOR INDIVIDUAL CONSIDERATION 25 The Council considered approval of a resolutton nominating members to the Apprmsal Review Board of the Denton Central Appraisal District, and declaring an effective date Diana Ortlz, Director of F~scal Operations, stated that there had been a resignation on the Apprmsal Review Board and the District was seeking nominations from the various taxing jurisdictions Mayor Brock nominated Robble Gober The following resolution was considered NO R2000-021 A RESOLUTION NOMINATING MEMBERS TO THE APPRAISAL REVIEW BOARD OF THE DENTON CENTRAL APPRAISAL DISTRICT, AND DECLARING AN EFFECTIVE DATE Beasley motioned, Burroughs seconded to approve the resolution On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Dun'mace "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion earned unammously 26 The Council considered approval of exaction variances from Section 34-114(5), existing perimeter streets, and Sectmn 34-114(17), s~dewalks, of the Subdivision and Land Development Regulations for a 5 014 acre property located north of Windsor, along the east side of Pdney Road A single-family residence was proposed (The Planning and Zoning Commms~on recommended demal [4-3] on the right-of-way variance and recommended demal [5-2] on perimeter street variance ) (V-00-005, T & T Nelson Addition) Doug Powell, Director of Planning and Development, stated that two exaction variances for this site were requested deahng with s~dewalks and perimeter pawng Staff recommended a partial City of DeBton City Council Minutes May 16, 2000 Page 12 variance for the street improvements with the applicant paying $5,400 for street improvements and $1,150 for sidewalk improvements Coehran motioned, Young seconded for a complete variance for street improvements and a part~al variance for the sidewalk Brent Bowan, 2208 Latt~mom, Denton, 76201, spoke an favor of the request On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion earned unanimously 27 The Council considered appromng an alternative landscape plan for a 0 61-acre gas station/convenience store site at the southeast comer of Teasley and 1-35E The Planmng and Zomng Commission recommended approval (6-0) wath conditions (ALP-00-001, Southndge Exxon ALP) Doug Powell, Director of Planning and Development, stated that the site had an existing vacant gas station The proposed landscaping of the s~te would exceed the landscaping reqmrements Knstoferson motioned, Young seconded to adopt the ordinance The following mdlwduals spoke regarding the request Allen Bussell, 1621 Amanda Circle, Ponder, 76259 - favor Bill Gardner, 325 E Forest, Sherman, 75090 - favor The following ordinance was considered NO 2000-182 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ALTERNATIVE LANDSCAPE PLAN FOR A 0 6 ACRE OF LAND LOCATED AT THE SOUTHEAST CORNER OF INTERSTATE 35E AND TEASLEY LANE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING AN EFFECTIVE DATE (ALP-00-001) On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motaon earned unammously 28 The Council considered approval of a resolution by the Cay of Denton, Texas, authorizing the City Manager to sign and submit to the Department of Housing and Urban Development a 2000-2005 Consolidated Plan for Housing and Community Development including, a 2000 Actton Plan w~th appropriate cemficatlons, as authorized and reqmred by the Housing and Community Development Act of 1974, as amended and the Nataonal Affordable Housing Act of 1990, as amended, and pmvldang for an effective date Barbara Ross, Community Development Adm~mstrator, stated that there were manor revisions and typographical corrections made to the document City of Denton City Council Minutes May 16, 2000 Page 13 The following resolution was considered NO R200-022 A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT A 2000-2005 CONSOLIDATED PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT INCLUDING A 2000 ACTION PLAN WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED AND THE NATIONAL AFFORDABLE HOUSING ACT OF 1990, AS AMENDED, AND PROVIDING FOR AN EFFECTIVE DATE Young motaoned, Durranee seconded to approve the resolution On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion carried unanimously 29 The Council considered adoption of an ordinance authonzmg the City Manager or his designee to execute an amendment to golf range lease contract for North Lakes Park in the City of Denton, and providing an effective date The following ordinance was considered NO 2000-183 AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AMENDMENT TO GOLF RANGE LEASE CONTRACT FOR NORTH LAKES PARK IN THE CITY OF DENTON, AND PROVIDING AN EFFECTIVE DATE Durrance motmned, Knstoferson seconded to adopt the ordmanee On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion earned unammously 30 The Council considered adoption of an ordinance of the City of Denton anthonzmg the City Manager to execute on behalf of the City of Denton an Airport ProJect Participation Agreement with the Texas Department of Transportation relating to the design and construction of improvements at the Denton Municipal Airport, and declanng an effective date Mark Nelson, Anport Manager, stated that this was the final commitment w~th TxDot to allow notice to proceed for the engmeenng phase of the project The following ordinance was considered C~ty ofDeBton C~ty Council M~nutes May 16, 2000 Page 14 NO 2000-184 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY OF DENTON AN AIRPORT PKOJECT PARTICIPATION AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION RELATING TO THE DESIGN AND CONSTRUCTION OF IMPROVEMENTS AT THE DENTON MUNICIPAL AIRPORT, AND DECLARING AN EFFECTIVE DATE Knstoferson motioned, Burroughs seconded to adopt the ordinance On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion carried unarnmously 31 The Council considered approval of a resolution estabhshlng maximum permitted rates that Charter Communications may charge ~ts Denton cable telews~on subscribers for basic cable service, assocmted eqmpment, changing t~ers, and the hourly service charge, providing a severablhty clause, and prowdlng an effective date John Cabrales, Pubhc Information Officer, stated that th~s was final consideration for the permitted I rate ~ncreases that Charter Communlcat~on could charge to Denton cable television subscribers for basic cable service, assocmted equipment, changing t~ers and the hourly service charge The following resolution was considered NO 112000-023 A RESOLUTION ESTABLISHING MAXIMUM PERMITTED RATES THAT CHARTER COMMUNICATIONS MAY CHARGE ITS DENTON CABLE TELEVISION SUBSCRIBERS FOR BASIC CABLE SERVICE, ASSOCIATED EQUIPMENT, CHANGING TIERS, AND THE HOURLY SERVICE CHARGE, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE Durrance,mot~oned, Burroughs seconded to approve the resolution w~th option two On roll vote, Beasley '!aye", Burroughs "aye", Coehran "aye", Durrance "aye", Knstoferson "aye", Young "aye", and Mayor Brock "aye" Motion canned unammously 32 New Business The following ~tems of New Bus~ness were suggested by Council Members for future agendas A, Council Member Durrance requested an update on a paperless agenda process Council Member Durrance requested further ~nformatlon on economic development d~stncts C. Mayor Brock requested consideration of Council committees at the next Council meeting City of D~ton City Collll¢ll Minutes May 16, 2000 Page 15 33 Items from the C~ty Manager C~ty Manager Jez d~d not have any ~tems for Council 34 There was no continuation of Closed Meeting under Sections 551 071-55l 086 of the Texas Open Meetings Act 35 There was no offimal action on Closed Meeting under Sections 551 071-551 086 of the Texas Open Meetings Act W~th no further business, the meeting was adjourned at 9 45 p m EULINE BROCK, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ' Agenda Item {/ Date ~ AGENDA INFORMATION SHEET AGENDA DATE: June 6, 2000 DEPARTMENT: Fiscal & Mun]c]pal Services/Tax ACM. Kathy DuBose, Assistant C~ty Manager of Fiscal and Municipal Servlces~) SUBJECT Consider approval ora tax refund to Joshua Cotton The 1999 tax was paid twice, resulting m an overpayment BACKGROUND Chapter 31 11 of the Texas Property Tax Code reqmres the approval of the governing body of the taxing umt for refundsl~n excess of $500 00 The 1999 tax for Joshua Cotton was poad twine Two separate checks were received, the first on 12/31/99 and the second on 3/20/00, resulting m an overpayment of $512 92 All documentation necessary for refund is attached FISCAL INFORMATION' The tax overpayment revenue fund would be reduced by $512 92 Respectfully submitted /~ Dlan'a Ortlg ~ - '' '~ Director of F~scal Operations Prepared by Carolene Folse' Revenue & TaX Analyst 04×20×2000 ~OB 45 DENTON ENG ~ 34B7211 NO 25? g03 Owners name address Lt~lal dee~lption (or attach copy ef the tax bill or tax as~be CO~ ~ en~ PARK AEON, BLOCK q~ LOT I · pmpo~y Address or Io~ofl of prope~ ~_~02 :OLLE~R PARK DR ~unt number of pmpe~ Tax re~lpl number OR U~It ;~m ~1~ For Whlo~ Re~n~ Of The ~ ~ Tax Refund ~e~nd Is Reaulm~ I~ ~ Tax payment Taxes Paid Requested ~ymant n~etion To.eyre maeo~ for refund ( a~aeh nuppofllng documentation) .'I ~Q6 tax wa~ ~ald In ~11 on ~e~ an~:[,a[ ak ~a re~elVe~ 0n ~9~ for IS4S.a], ~ultln~ In an ovem~ment 'llhemby apply Mr the refund of ~e abov~aacdbed taxes and ~1~ ~ t~e InMrmedon ~ t~e form ~y pe~ ~akea ·Mlee e~t~ upon ~e ~omgOing m~ shall be subje~ ~ one of the foll~lng penalties t~ Impd~mont of not more ~nt the 10 yearn nor Ie86 then 2 yea~ and/or a fine of not more thm~ &5,O00 or both a~ fine eno Imprisonment, 2 ~nflnement I~ jail ~r a te~ up M I year or a fl~e · ex.ed $2 000 or both such aa eat fo~ In ~e~lon 37 10, Penal ~de This lax refund la 2 ~ge.da Item °ate AGENDA INFORMATION SHEET AGENDA DATE: June 6, 2000 DEPARTMENT: Fiscal & Mumc~pal Services/Tax ACM' Kathy DuBose, Assistant City Manager of F~scal and Mumc~pal Serwces ~ SUBJECT Consider approval of a tax refund to Westrmnster LTD The 1999 tax was pard twice, resulting m an overpayment BACKGROUND Chapter 31 11 of the Texas Property Tax Code reqmres the approval of the governing body of the taxing umt for refunds m excess of $500 00 The 1999 tax for Westminster LTD was ptud twice Two separate checks were received for the same amount, the first on 12/1/99 and the second on 12/31/99, resulting m an overpayment of $1,229 44 All documentation necessary for reftmd is attached FISCAL INFORMATION. The tax overpayment revenue fund would be reduced by $1,229 44 Respectfully submitted D~adaq0rt~z Director of F~scal Operations Prepared by Carolene Folse Revenue & Tax Analyst APPLICATION FOR TAX REFUND MAY 1 1 ZOO0 E HICKORY SUITE f 76205 349-8318 To apply for a tax refund, the taxpayer must complete the following uwners I~ame Step 1 WESTMINISTER LTD Present Mailing Address (number and street) Owner's name 3505 TEASLEY LN City, town or post office, state, ZIP code Phone (area code and number) and address DENTOI~ TX 76205-8487 Step 2 Legal description (or attach copy of the tax b~ll or tax receipt) Describe A0421A J FISHER~ TRACT 5~ 10~ 11 ~ ACRES 5 7247 the property Address or location of property 3505 TEASLEY LN Account number of property Tax receipt number 033081 OR 9904030712 Name of Taxing Year Date Amount Amount Unit From Which For Whmh Refund Of The Of Of Tax Refund Refund is Required Is Requested Tax Payment Taxes Pa~d Requested Step 3 CRy of Denton 1999 12/1/99 $ 1 r229 44 ~lve the tax City of Denton 1999 12/31/99 1.22;).44 $ 1 22Q.44 ;)ayment information Taxpayer's reason for refund ( attach supporting documentat;on) 't999 tax was paid twice *I hereby apply for the refund of the above-descnb~ed taxes and cerhf3/that the informat~on I have g~ven on Step 4 this fqrm Is true and correct to the best of~owledRe and belief * - ~lgnature _ ~ uate ot application tot tax retunct Any person who makes a false entry upon the foregoing record shall be sublect to one of the following penalties I Imprisonment of not more that the 10 years nor less than 2 years and/or a fine of not more than $5 000 or both such fine and imprisonment, 2 Confinement in ja~l for a term up to 1 year or a fine to exceed $2,000 or both such fine and Imprisonment as set forth in Section 37 10, Penal Code 2 @ Agenda No ~ Agenda Item ./--~_ _ A6ENDA INFOI~I~TION SHEET AGENDA DATE. June 6, Z000 DEPARTMENT: Fiscal & Municipal Services/Tax ACM' Kathy DuBose, Assistant Caty Manager of Fiscal and Mumc]pal Services SUBJECT Consider approval of a tax refund to Westminster LTD The 1999 tax was prod twice, resulting in an overpayment Chapter 31 11 of the Texas Property Tax Code reqmres the approval of the governing body of the taxing unit for refunds an excess of $500 00 The 1999 tax for Westminster LTD was paid twine Two separate checks were recexved for the same amount, the first on 12/1/99 and the second on 12/31/99, resulting ~n an overpayment of $797 26 All documentation necessary for refund ~s attached FISCAL INFORMATION: The tax overpayment revenue fund would be reduced by $797 26 Respectfully submitted Director of Fiscal Operataons Prepared by Carolene Folse Revenue & Tax Analyst APPLICATION FOR TAX REFUND ICollecting office name ~ Collecting tax for (taxing units) OF DE.TO. OeP CE MAY 1 1 2000 c w DP OENTO. Present mailing address (nUmber and street) E HICKORY SUITE F TX 76205 ' for a tax refund, ti , the following Step 1 IWESTMINISTER LTD Present Mailing Address (number and street) I Owner's name 13505 TEASLEY LN ! City, town or post office, state, ZIP code Phone (area code and number) and address 3ENTOI~ TX 76205-8487 Step 2 Legal description (or attach copy of the tax bill or tax receipt) Descdbe ~,0421A ,~ FISHERr TRACT 2~ ACRES 14 334 the property Address or location of property 99999 TEASLEY LN Account number of property Tax receipt number OR 9904030709 Year Date Amount Amount Unit From Which For Which Refund Of The Of Of Tax Refund Refund Is Required Is Requested Tax Payment Taxes Pa~d Requested ~tep 3 City of Denton 1999 12/1/99 $ 797 2 31ve the tax City (~f Denton 1999 12/31/gg $ 797.26 $ 797.26 3ayment information Taxpayer's reason for refund ( attach supporting documentation) '1999 tax was paid twice *~ hereby apply for the refund of the above-described taxes and certtfy that the information I have given on Stel~ 4 this form Is true and correct to the beast of J~k~owled~e and belief * ~ ~lgnature ~.-~,J'~/'-~" ' IDate ot application ~'or tax retuna Sign the form ~'eg~ ,~ ~ I ,-~-/~- ~ Any person who makes a false entry upon the foregoing record shall be subject to one of the following penalties 1 Imprisonment of not more that the 10 yeare nor less than 2 years and/or a fine of not more than $5,000 °r b°th such fine and imprisonment, 2 Confinement in jail for a term up to 1 year or a fine to exceed $2,000 or both such fine and ~n Section 37 10, Penal Code 2 o~o~ooo~oooo~ooooo~oooo~oooo~ooool~ ~ oooi ooloO~ oooo~ o~oooo~ oooooO~eooooooooooooo~o ~ o oo~ ~oo oo~oooo~ooooo~ooooo~oooooo~ooooooo~o ioo ooe~o~ooooo~oooooo~ooooe~O~ooooooooooooooo oooo ooioo.yooo ~.oooo.o. Aoenda No Agenda Item .... Date AGE] "DA INFORMATION SHEET AGENDA DATE: June 6, 2000 DEPARTMENT: Fiscal & Muni dpal Services/Tax ACM. Kathy DuBos~ Assistant City Manager of Fiscal and Munlctpal Services ~/~/ SUBJECT Consider approval ora tax refund to We~ tmmster LTD The 1999 tax was prod twice, resulting m an overpayment BACKGROUND Chapter 31 11 of the Texas Property Tax Code reqmres the approval of the governing body of the taxing umt for refunds m excess of $500 00 Ti .e 1999 tax for Westmtnster LTD was prod twine Two separate cheeks were received for the same amou ~t, the first on 12/1/99 and the second on 12/31/99, resulting m an overpayment of $517 86 All document~ tton necessary for refund ~s attached FISCAL INFORMATION: The tax overpayment revenue fund woul ! be reduced by $517 86 Respectfully submitted D ~tna Orttz Dtrector of F~scal Operattons Prepared by Carolene Folse Revenue & Tax Analyst APPLICATION FOR TAX REFUND I Collectlng office name i Collecting tax for (taxing units) OF.E.TO" TAX O =F,CE MAY 1 1 Z000 c w OP.E.TO. Present mailing address (number and street) E HICKORY SUITE 76206 349-8318 To apply for a tax refund Address (number and street) 3505 TEASLEY LN state, ZIP code Phone (area code and number) and address DENTON TX 76205-8487 Step 2 Legal description (or attach copy of the tax bill or tax receipt) :)escribe A0421A ,J FISHER~ TRACT 9~ ACRES 4 106 ;he property Address or location of property 99999 TEASLEY LN Account number of prope~y Tax receipt number 0801;~7 OR 9904030708 Name of Taxing Year Date Amount Amount Unit From Which For Which Refund Of The Of Of Tax Refund Refynd Is Required Is Requested Tax Payment Taxes Paid Recluested Step 3 City qf Denton 1999 12/1/99 $ 517 86 Give the tax Clt~ qf Denton 1999 12/31/99 5 t 7.86 517.86 payment informat~on Taxpayer's reason for refund ( attach supporbng documentation) 't999 tax was paid twice *1 hereby apply for the refund of the above-described taxes and certify that the informabon I have g~ven on Step 4 this form is true and correct to the best of my kr~[~"~elief * ~lgnature ~..-j~ JJ Date o? application I'or tax retun(~ s,gntha form sign here ~ ~ ~ V  Any person who makes a false entry upon the foregoing record shall be subject to one of the following penalbes I Imprisonment of not more that the 10 years nor less than 2 years and/or a fine of not more than $5,000 or both such fine and ~mprlsonment, 2 Confinement m ja~l for a term up to 1 year or a fine to exceed $2,000 or both such is set forth in Section 37 10, Penal Code 2 Agenda item AGENDA INFORMATION SHEET AGENDA DATE' June 6, 2000 DEPARTMENT. Fiscal & Municipal Services/Tax ACM Kathy DuBose, Assistant City Manager of Fiscal and Mumcipal Services SUBJECT Consider approval of a tax refund to Dade International, Inc The 1999 assessed value was deleted from the tax roll, resulting m an overpayment BACKGROUND Chapter 31 11 of the Texas Property Tax Code reqmres the approval of the govemmg body of the taxing unit for refunds in excess of $500 00 The 1999 assessed value for Dade Intemattonal, Inc was deleted from the tax roll per Supplement #11 from the Denton Central Appraisal District, resulting m an overpayment of $642 09 All documentation necessary for refund m attached FISCAL INFORMATION: The tax overpayment revenue fund would be reduced by $642 09 Respectfully submitted Director of Fiscal Operations Prepared by Carolene Folse Revenue & Tax Analyst - oooooooooO~OOooooooo0oooooooooooo~Oo~ooooooooooooo ~ Agenda Item AGENDA INFORMATION SHEET AGENDA DATE: June 6, 2000 DEPARTMENT: Fiscal & Municipal Services/Tax ACM. Kathy DuBose, Assistant City Manager of Fiscal and Municipal Services ~UBJECT Consider approval of a tax refund to Avantl Health Systems The 1999 assessed value was deleted from the tax roll, resulting m an overpayment BACKGROUND Chapter 31 11 of the Texas Property Tax Code reqmres the approval of the governing body of the taxing umt for refunds m excess of $500 00 The 1999 assessed value for Avanu Health Systems was deleted from the tax roll per Supplement #11 from the Denton Central Appraasal District, resulting m an overpayment of $1,125 48 All documentation necessary for refund ~s attached FISCAL INFORMATION: The tax overpayment revenue fund would be reduced by $1,125 48 Director of Fiscal Operations Prepared by Carolene Folse Revenue & Tax Analyst AGENDA INFORMATION SHEET Agenda Item., /. ~ 0ate /b/OO / AGENDA DATE: Sune 6, 2000 Questions concermng tlus acqmsmon may be d~ccted DEP~TMENT: Mat~als M~gem~t to ~m Coulter 349-7194 ACM: Ka~y D~ose, F]sc~ ~d M~c~p~ Seduces ~ SUBJECT: An Ordinance accepUng compet]tave btds and awarchng a public works contract for the construct]on of Westwood Area Waterhne, providing for the expenditure of funds therefore, and prov]chng an effecttve date (Bid 2482-Westwood Area Waterline awarded to Jago¢ Pubhc Company, m the amount of $175,401) BID INFORMATION: Ttus bid ts for the construct]on of apprommately 3,000 feet of 6" waterhne along McCormick fi.om Parvm north to Wffiowood and along Westwood turning west on Oakwood Included are 68 pubhc water service taps, plugging of existing hnes, asphalt saw cutting, Installation of 7 fire hydrants and other related act~xqt]es RECOMMENDATION: We recommend tins bid be awarded to the lowest bidder, after apphcatton of the "3% Local Preference Legislation", Jagoe Pubhc Company m the amount of $175,401 The lowest offering was made by Pipe-Con, Inc of Irving, Texas ~n the amount of $172,467, however, apphcat~on of the 3% Local Preference Legislation for comparison purposes calculates the bid lof Jagoe Pubhc Company of Denton to be $170,138 97 ($175,401 less 3% = $170,138 97) Actual cost to the City of Danton is $175,401 ECONOMIC FACTORS OF LOCAL PREFERENCE DETERMINATION: See attached Attachment 2 - Letter from Jagoe Pubhc Company PRINCIPAL PLACE OF BUSINESS: Ja$oe Pubhc Company Denton, TX ESTIMATED SCHEDULE OF PROJECT: Ttus waterhne project is scheduled for completion ~n the third week of July 2000 Agenda InfonnaUon Sheet June 6, 2000 Page 2 FISCAL INFORMATION: Funding for flus project ~s avmlable from 1999-2000 Budget account (620-081-0461-K014- 9114) Respectfully submitted Tom Shaw, C P M, 349-7100 Pumhaslng Agent Attachment I TabulaUon Sheet Attachment 2 Letter from Jagoe Pubh¢ Company dated May 23, 2000 1386 AOENDA ATTACHMENT 1 TABULATION SHEET BID # 2482 BID NAME Westwood Area Waterlines H & W UTILITY ' Pipe Con, Inc Whizcon Jagoe Public Utilities Company DATE 3/9/00 Principal Place of Business Lake Dallas, TX Irving, TX Arlington, TX Denton, TX t Total Bid Award $274,6t9 t0 $172,467 00 $250,923 00 $175,401 00 Bid Bond YE8 YES YES YES Price leas hypothetical 3% Local Preference Amount $170,138 97 ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR ~ CONSTRUCTION OF WESTWOOD AREA WATERLINE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2482-WESTWOOD AREA WATERLINE AWARDED TO JAGOE PUBLIC COMPANY IN THE AMOUNT OF $175,401) WHEREAS, the City has solicited, and received competmve sealed bids for the construcUon of public works or improvement in accordance vath the procedures of STATE law and City ordinances, and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest respondent for the construction of the public works or improvements desenbed m the bid mwtatlon, and plans and specifications therein, and WHEREAS, Section 271 905 of the Local Government Code allows the City to award a contract to a bidder having its pnnclpal place of business m the City ~flts bid is wltlUn three per cent of the lowest b~d price received from a nonresident bidder if the governing body detenmnes in wrltmg, that the local bidder offers the City the best combination of price and additional economic development opportumtles for the City created by the contract award, including the employment of residents of the City and increased tax revenues to the City, and WHEREAS, the City Manager or a designated employee has reviewed the herein described bids for the matenals, equipment, supplies or services as shown in the "B~d Proposals" submitted therefore and represents to the C~ty Council that the herein described local bidder's bid is within three per cent of lowest bid price received from a nonresident bidder, and WHEREAS, the City Council has provided m the City Budget for the appropnatlon of funds to be used for the purchase of the materials, eqmpment, supplies or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following competat~ve sealed bid for the construction ofpubhc works or improvements, as described m the "Sealed Bid Invitations", or plans and specifications on file in the Office of the C~ty's Purchasing Agent filed according to the bid number assigned hereto, and, The City Council hereby detenmnes that the vendor set forth below has its pnnclpal place of business in the City of Denton, Texas, its b~d is within three per cent of the lowest bid price received from a nonresident bidder and such local bidder offers the City the best combination of price and additional economic development opportumUes for the City created by this contract award The following numbered bid for constructaon of a public works project from the below described local bidder and as shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved BID NUMBER CONTRACTOR AMOUNT 2482 Jagoe Public Company $175,401 SI~CTION II That the acceptance and approval competitive sealed bid shall not constitute a contract between the City and the person subrm~ng the hid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified m Notice to Bidders including the tnnely execution of a written contract and furmslung of performallce and payment bonds, and insurance certificate after notlficatwn of the award of the bid SECTION III That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the constructaon of the public works or improvements m accordance with the bids accepted and approved hereto, provided that such contracts are made in accordance with the Notice to Bidders and Request for Sealed Bids, and documents relating thereto specifying the terms, conchtlons, plans and specifications, standards, quantities and specified sums contmned therein SECTION IV That upon acceptance and approval ofthe above competltlve sealed bids and the execution of contracts for the public works and Improvements as authorized herein, the City Council hereby anthonzes the expen&ture of funds m the manner and in the amount as specified in such approved b~ds and anthonzed contracts executed pursuant thereto SECTION V Tlus orchnance shall become effective immediately upon its passage and approval PASSED AND APPROVED this __ day of ,, 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY BID2482 WESTWOODWATERLINE LOCALPREFERENCEPU~I. ICWORKSPRO$£CTORDINANCE ~genda No ~0 -_~._ Agenda Item~ ./~ AGENDA INFORMATION SHEET Date /'~//~?0'~) AGENDA DATE: June ~, 2000 Questm~ concerning ~s acqms~tmn may be d~rected DEP~TMENT: Materials M~gem~t to How~d M~m 349-8232 D~ose, F~scal ~d M~c~pal Sc~ccs~ ACM' Ka~y SUBJECT. Cons~deratmn of a ResoluUon endorsing the Dallas-Fon Woah Cle~ Crees Tee~mal Coalmon RESOLUTION INFORMATION' This resolution Is required to mamtmn the City of Denton membership m the Dallas-Ft Worth Clean Cities Techmcal Coahtlon The National Clean Git]es Program of which Dallas-Ft Worth Clean Cities is a participant m a pubhc/pnvate partnership sponsored by the U S Department of Energy Its goal is to accelerate the introduction and expand the use of altematwe fuel vehicles (AFVs) The Dallas-Ft Worth (DFW) Clean Cities Technical Coalition was established in 1995, and serves as a fuel-neutral, commumty-based advisory board that supports the use of alternative fuels to improve air quality and create energy diversity This condition, in cooperation with the TNRCC assisted the City of Denton m acqmnng approximately $40,000 in grant funds toward the acquisition of our electric powered pick-up and the three alternate fuel (ATV) 15 passenger vans added to our fleet in 1999 RECOMMENDATION' We recommend this resoluUon be approved and that the City of Denton continue our membership and participation m the Clean Cities Coalition Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Resolution RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS ENDORSING THE DALLAS-FORT WORTH CLEAN CITIES TECHNICAL COALITION WHEREAS, the C~ty of Denton supports the use of alternative fuels to improve mr quality In North Texas an enhance the nation's energy security WHEREAS, the Ctty Council of the City of Denton has approved an Alternate Fuel Vehicle Imtmtxve resultang m the placement of the etght altemaUvely fueled vehicles ~nto the City's fleet WHEREAS, the Ctty of Denton has the opportumty to participate ~n leading the development of advanced transportaUon and clean-mr technologaes WHEREAS, the C~ty of Denton has supported the goals, objectives, policies and action programs outlined m the Clean Crees Program Plan and Memorandum of Understandmg of March 30, 1995 designating Dallas-Fort Worth, Texas a Clean C~t~es community BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF DENTON HAS DETERMINED AND F1NDS AS FOLLOWS Section 1 Endorsement of the DALLAS-FORT WORTH CLEAN CITIES TECHNICAL COALITION RE-DESIGNATION Section 2 AuthonzaUon for staff to assist DALLAS-FORT WORTH CLEAN CITIES ~n promoting the use of altemaUve fuel velucles m the North Texas region Section 3 Request for staff to report back to the City Council xn three months on the progress made to date and to identify future steps to be taken to contmue implementation of the DALLAS-FORT WORTH CLEAN CITIES REDESIGNATION PASSED APPROVED AND ADOPTED thxs __ day of ., 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 1387 agenda doe Aoenda No Agenda item AGENDA INFORMATION SHEET Date ~/.~ AGENDA DATE: ~e 6, 2000 ~uest~ons conce~g acqmsmon may be DEP~T~: Maten~s M~gement W Alex Pe~lt 349-~595 ACM: ~y D~ose, F~sc~ ~d Mmc~p~ Se~ces~ SUBJECT: An Ordinance approving the expendlture of funds for the purchase of maintenance of J D Edwards Financial Software avmlable from only one source in accordance vath the provisions of State Law exemption such purchases from reqmrements of competitive bids, and providing an effective date (Purchase Order 05292-$ D Edwards World Wide Solutions Company in thc amount of $68,000) PURCHASE ORDER INFORMATION: Tins purchase order is for the maintenance services for the J D Edwards Financial and Human Resources Software Tins support is for the ttme period of 4-1-2000 through 3-31-2000 and covers 100 users Tins sothvare support is only avatlable from one source and is protected by copyright RECOMMENDATION: We recommend Purchase Order 05292 to $ D Edwards be approved ~n the amount of $68,000 PRINCI~PAL PLACE OF BUSINESS: J D Edwards Denver, CO ESTIMATED SCHEDULE OF PROJECT: Contract, will run from 4-1-2000 through 3-31-2001 FISCAL INFORMATION: This maintenance agreement vail be funded from 1999-2000 budget account (770-044-0080- 8341) Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Purchase Ordar 05292 to J D Edwards Attachment 2 Invoice from J D Edwards dated 3-1-00 1358 AGENDA City et Denton Inv Date 03/01/00 216 E Mc~nney St Invoice No 440664 Denton TX Due Date 03/31/00 76201 Account No 6557926 USA CPU No 11111113 Suite Baaed Pricing SUITE ~age 0001 THIS INVOICE RELECTS YOUR RESPONSE LINE/SOFTWARE UPDATE FEES FOR 04/01/00 - 03/31/01 Amounts In b S Dollars List RLSU Invoice Description Users Price % Amount Concurren= S~andard Support 10~, 660 o0 100 000 % 68,000 00 SUb~ocal RLSU Fees Due 68,000 00 Pl. us tax at. 7 750 & 5,2~0 ~0 Tore1 ~LSU Fees Due J D Edwards ~3 270 00 USD ~oullC billed on behalf 0~: 0~-24-00 16 78 RCVD Please remit to J.D. Edwards Department 770, Denver, Colorado 80271-0770 Electromc Payments to Wells Fargo Bank, San Francisco, CA ABA//121000248 $ D Edwards Account//4159673987 OP~D~A~C~ NO ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF MAINTENANCE OF J.D EDWARDS FINANCIAL SOFTWARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTION' SUCH PURCHASES FROM REQIfIRE1VIENTS OF COMPETITIVE BIDS, AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 05292-J D EDWARDS WORLD WIDE SOLUTIONS COMPANY IN THE ~OUNT OF $68,000) WHEREAS, Seeuon 252.022 of the Local Government Code prowdes that procurement of ~tems that are only available from one source, including, ~tems that ere only available from one source because of patents, copyrights, secret processes or natural monopohes, films, manuscripts or books, eleomcaty, gas, water and other utflaty purchases, captive replacement parts or components for eqmpment, and hbrary materials for a pubhc hbrary that ere available only from the persons holding exclusave dastnbut~on rights to the materials, need not be submatted to competmve bads, and WHEREAS, the City Council wishes to procure one or more of the items mentioned m the above paragraph, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION L That the following purchase of materials, equipment or supphes, as described m the "Purchase Orders" lasted hereon, and on file m the office of the Purchasing Agent, are hereby approved PURCHASE ORDER VENDOR AMOUNT 05292 J D Edwards $ 68,000 SECTION ~ That the acceptance and approval of the above ~tems shall not constitute a contract between the Caty and the person subrmttmg the quotation for such atoms until such person shall comply wth all reqmrements specafied by the Purchasing Department $~CTION III That the Caty Manager ~s hereby authorized to execute any contracts relating to the atoms speeafied m SecUen I and the expendature of funds pursuant to smd contracts ~s hereby anthonzed SEC~ON IV That thas ordinance shall become effective ammedmtely upon ~ts passage and approval PASSED AND APPROVED flus the day of ,2000 A't't'I~ST EULINE BROCK, MAYOR JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 05292 ~OLE SOURCE 5-23-2000 Agenda No_~ Agenda Ire .m~ ~ AGENDA INFORMATION SHEET AGENDA DATE: June 6, 2000 Questions concerning this acquisition may be directed DEPARTMENT' ?urchasmg to Sim Coulter 349-7194 ACM Kathy DuBos¢, Fiscal and Mumcipal Services ~-~ SUBJECT' An Ordinance approving the expenditure of funds for the annual contract for the purchase of BIOXIDE, a product available from only one source m accordance with the provisions of' state law excmptmg such purchases from requirements of competitive bids, and prowdmg an effective date (File 2515 - awarded to U S Filter at $1 $5 per gallon annual estimate usage 28,000 gallons or $51,800) The Hickory Creek Sewer Line near the Wlmbleton Neighborhood, the Denton West Lift StaUon and Hobson Lift Station have experienced a problem w:th excessive hydrogen sulfide for several years After a lengthy process of trying various products, Blox:de was determined to be the most effective product m controlling hydrogen sulfide gas Bloxlde has been very successful and it is a non-hazardous chemical REC~ We recommend Contract 2515 be awarded to U S Filter in the amount of $1 85 per gallon for an estimated 28,000 gallons U S Filter is the sole supplier of Bloxide ESTIMATED 8CIIEI~ULE OF PROJECT. The Bloxlda product is m supphcr stock and w~ll be shipped as requested with three weeks notice PRIOR ACTIONS/REVIEWS. Council approved a similar sole source acquisition of Bloxlde on the following dates · October 1996 · March 1997 · January 1998 · May 1999 FISCAL INFORMATION' This acqmsltlon will be funded from 1999-00-budget account (625-082-0451-8502) Agenda Information Sheet June 6, 2000 Page 2 of 2 CONTRACT FILE INFORMATION This purchase order is for an annual supply of Bloxlde, a non-hazardous chemical used for the treatment of hydrogen sulfide odor from sewer lines and lift stations Our major apphcatmn will be along the Hickory Creek Sewer Line near the Wlmbleton Neighborhood at the Denton West Lift Statmn and Hobson Lift Station Sole source acqmsltion of products protected by patent or copyright are exempt from the competitive b~d process as indicated ~n Chapter 252 of the Texas Local Government Code Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Letter ofVenficat~on-U S Filter 1389 AGENDA D~e,Har~ool Se~ior BuY~ City of Dmlmn 1100 Msylull Road D,mton, T~xsz 7620~ RE: BOLE SOURCE BIOXIDE~ Dcsr Ms. Harpool. U,qFil~r is ~ sole sot~ce p~o,ade~ o£BIOXIDI~ W~e Sync", ~ ~scflb~in U~d 5~t~ P~t ~e 36,6~ 1 80044549~2, US~T~ ~ M~a~ ORDINANCE NO AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE ANNUAL CONTRACT FOR THE PURCHASE OF BIOXIDE, A PRODUCT AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS, AND PROVIDING AN EFFECTIVE DATE (FILE 2515 - AWARDED TO U S FILTER AT $1 85 PER GALLON ANNUAL ESTIMATE USAGE 28,000 GALLONS OR $51,800) WHEREAS, Section 252 022 of the Local Government Code provides that procurement of items that are only available from one source, mcludmg, items that are only available from one source because ofpatants, copyrights, secret processes or natural monopolies, films, manuscripts or books, eleetnmty, gas, water and other utlhty purchases, captive replacement parts or components for equipment, and library materials for a public library that are available only from the persons holdang exclusive dlstnbutlon rights to the materials, need not be submitted to competmve bids, and WHEREAS, the City Council wishes to procure one or more of the items mentioned m the above paragraph, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the following purchases of materials, equipment or supphes, as described m the "File 2515" referenced herein and on file in the office of the Purchasing Agent, are hereby approved FILE VENDOR AMOUNT 2515 U S FILTER $1 85 Gallon SECTION II That the acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department SECTION Ill That the City Manager is hereby authorized to execute any contracts relating to the items specified in Section I and the expenditure of funds pursuant to said contracts is hereby authorized SECTION IV That this ordinance shall become effective ~mmediately upon its passage and approval PASSED AND APPROVED flus the day of ,2000 EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY FILE 2515 SOLE SOURCE ORDINANCE-2000 Agenda AJo_. 0~-0~.. ' AGENDA INFO]~J~tATION SHEET Agenda Item .,-~ ! Date,100 AGENDA DATE: June 6, 2000 Questions concerning tlus acqmsat~on may be directed DEPARTMENT: Materials Management to Sharon Mays 349-8487 ACM: Kathy DuBose, Fiscal and Mumcipal Servaces~ SUBJECT: An Ordinance accepting competatave b~ds and awarding an annual contract for the installation of underground utthties, provading for the expenditure of funds therefore, and providing an effectave date (Bad 2491- Annual Contract for Electric Underground Servmes Installataon awarded to Barco Constructaon, Inc, dba Reeves Enterprises as lasted below BID INFORMATION: Due to the rapad rate of growth m Denton an agreement for installation of underground utthtaes has been m place for four years The project has been re-bad an compbance wath State law and to update and modify the four-year-old agreement The contract consast of labor, equipment, tools and supervasaon necessary to complete mstallataons of elecmc servme facflataes under the directaon of DME staff The agreement wall not guarantee any mlmmum amounts of constmctaon and will be used on an as needed basas ,RECOMMENDATION: We recommend tins bad be awarded to the lowest evaluated badder, Barco Construction (See attached Ordinance - Exhthat "A") PRIOR ACTION/REVIEW (Couneil~ Boards~ Commissions): Public Utility Board considered and recommends approval on June 5, 2000 PRINCIPAL PLACE OF BUSINESS: Barco Construction dba Reaves Enterpnses Denton, TX ESTIMATED SCHEDULE OF PROJECT: Size and type of service mstallataon wall be determaned by each specffic project Contractor agrees to be on the j obsate wathm three days of notffiCatlon Agenda Information Sheet June 6, 2000 Page 2 FISCAL INFORMATION' To evaluate the bld, umt prices were mult~phed by the estimated annual quantat~es and then totaled (see tabulation sheet) The work will be funded from revenue bond funds and appropriate budget accounts Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Tabulation Sheet 1390 AGENDA ATTACHMENT 1 Bid Number 2491 TABULATION SHEET June 5, 2000 B dders B&W: B&W Utility, Serwces, Sanger Texas TLT: T L T Consmtcuon Co, In¢, Sherman, Texas Barco: Barco ,Consm~ction, In( dba Reaves Enterpnses, Denton Texas ~ B&W TLT Barco Est/ gval / Eval / Eval / ID Description Unit Qt~ Cost Cost Cost Excavation and Backfill D1 Trench with Trencher 6" vnde by 30" deep Ft 70,000 84,000 95,200 35,00C D2 trench With Trenoher 6" w~de by 48" deep Ft 100,000 132,000 144,000 125,00C D3 French With Trencher 6 w~de by 60" deep Ft 5,000 8,250 7,900 7,500 D4 trench with Backhoe 18" vnde 48" deep Ft 178,000 380,920 373,800 356,000 D5 French with Backhoe 18" wide 60" deep Ft 10,000 25,500 25,000 25,00( D6 l'rench W~th Backhoe 18" vade 72" deep Ft 30,000 91,80C 81,000 90,000! D7 Trench with Backhoe 18" vade 84" deep Ft 1,000 3,570 2,900 4,000 D8 Trench with Backhoe 18" wide 96" deep Ft 1,000 4,080 3,200 5,000 D9 Trench ~th Backhen 24" w~de 48" deep Ft 1,000 2,140 3,500 2,000 D10 Trench W~th Backhoe 24" w~de 60" deep Ft 15,000 38,250 54,000 37,500 D11 Trench W~th Backhoe 24" w~de 72" deep Ft 5,000 15,300 18,250 15,000 DI2 Trench with Backhoe 24" w~de 84" deep Ft 5,000 17,850 18,500 20,000 D13 Trench with Backhoe 24" w~de 96" deep Ft 1,000 4,080 3,800 5,000 D14 Trench with Backhoe 36" wide 48" deep Ft 1,000 4,000 4,10C 2,000 D15 Trench w~th Backhoe 36" wide 60" deep Ft 1,000 4,990 4,25C 2,500 DI6 Trench with Backhoe 36" wide 72" deep Ft 1,000 5,980 4,35C 3,000 D17 Trench W~th Backhoe 36" wide 84" deep Ft 1,000 6,970 4,50( 4,000 D18 Trench with Backhoe 36" wide 96" deep Ft 100 747 50( 1,000 D19 Specml trencher for trenching m rock, 6" w~dth Ft 2,00C 10,500 7,20( 5,000 D20 Rock Adder, Backhoe 18" Width, Cutting & Jack Hammer Ft 10C 300 20( 300 D21 Rock Adder, Backhoe Width, Cutting & Jack Hammer Ft 1001 300 25( 300 D22 Rock Adder, Backhoe 36" Width, Cumng & Jack Hammer Ft 100 300 300 300 D23 Rock Adder, Backhoe 18" Width, Large Rock Quantity Ft 1,000 3,000 4,000 3,000 D24 Rock A'lder, Backhoe 24" Width, Large Rock Quantity Ft 500 1,500 2,125 1,500 D25 Rock A lder, Backhoe 36" Width, Large Rock Quantity Ft 100 300 480 300 D26 Hand 13 iggmg 30" deep Ft 100 2,600 2,344 2,000 D27 Hand Digging 48" deep Ft 35 910 840 700 D28 Concrete Backfill of Trench Excavated by Backhoe CY 1,200 10,800 1,800 30C D29 Concrete Backfill of 6" Trench CY 2,000 18,000 2,000 1,50C D30 Mechanical Tamping of T~nch Excavated by Backhoe Ft 2,000 2,000 4,000 2,00C B&W TLT Barco Est/ Eval / Eval / Evai / ID Description Unit Qt~, Cost Cost Cost Directional Boring DB1 Bore 2" SDR 13 5 Duct Ft 400 5,600 4,900 3,200 DB2 3ore 2 & '1/2" SDR 13 5 Duct Ft 400 5,600 5,200 3,20C DB3 Bore 3" SDR 13 5 Duct Ft 100 1,500 1,450 80C DB4 Bore 4" SDR 13 5 Duct Ft 500 8,50C 8,000 6,00£ DB5 Bore 6" SDR 13 5 Duct Ft 500 11,500 10,500 6,00t Combinations DB6 One 6", and One 2" SDR 13 5 Duct Ft 200 5,000 5,400 4,000 DB7 One 6", One 4" and One 2" SDR 13 5 Duct Ft 200 7,200 7,000 5,000 DB8 Two 2" SDR 13 5 Duct Ft 200 3,400 3,200 2,400 Strmght Line Boring (Optmnal) SL1 [3ore 6" Dtrt Ft 100 2,900 2,490 1,200 SL2 Bore 8" Dtrt Ft 100 3,400 2,79(~ t,800 SL3 Bore 10" Dm Ft 100 3,900 3,000 1,800 SL4 Bore 12" Dtrt Ft 100 4,400 3,600 2,400 SL5 Bore 14"'Dirt Ft 100 4,900 4,00C 2,800 SL6 1ore 16"'D~ Ft 100 5,400 4,40£ 3,200 SL7 Bore 18" Dirt With casing to TXDOT Std Ft 100 5,900 6,50( 5,400 SL8 Bore 20"'Dtrt W~th casing to TXDOT Std Ft 50~ 32,000 37,50( 30,000 SL9 Bore 2" Rock Ft 100 3,600 2,431 1,200 SL10 Bore 4" R°ek Ft 100 4,200 3,214 1,400 SLll Bore 6" Rook Ft 100 4,800 3,814 1,80(] SL12 3ore 8" Rock Ft 100 5,400 4,414 2,800 SL13 Bore 10" Rock Ft 100 6,000 5,014 3,000 SL14 Bore 12"'Rock Ft 100 6,600 6,014 3,400 Conduit'Installation in 6" Wide Trench CT1 Condmt l" PVC Ft 3,000 1,350 1,770 90£ CT2 Condmt 2" PVC Ft 112,000 56,000 66,080 52,64£ CT3 Condmt 2 & 1/2" PVC Ft 2,000 1,100 1,180 1,00f CT4 Conduit 3" PVC Ft 100 59 59 50 CT5 Conduit 4" PVC Ft 21,000 12,600 15,750 11,550 CT6 One 1" PVC Condmt and One 2& 1/2" PVC Conduit 70,000 70,000 82,600 45,500 CT7 Condmt 1" PVC 90 degree sweep Ea 200 1,000 950 800 CT8 Conduit 2" PVC 90 degree sweep Ea 900 4,500 4,275 3,600 CT9 Conduit 2 & 1/2 "PVC 90 degree sweep Ea 2,500 12,500 11,875 10,000 CT10 Condmt 3" PVC 90 degree sweep Ea 1 5 5 4 CT11 Conduit 4" PVC 90 degree sweep Ea 250 1,500 1,643 1,250 CT12 Condmt 2" PVC 45 degree sweep Ea 200 1,000 476 800 CT13 ! Condmt 2 & 1/2" PVC 45 degree sweep Ea 200 1,000 47( 800 CT14 Conduit 3" PVC 45 degree sweep Ea 1 5 1 4 CT15 Conduit 4" P¥C 45 degree sweep Ea 65 390 214 325 CTI6 Conduit 4" PVC 22 & 1/2 degree sweep Ea 80 480 13i 400 B&W TLT Barco Est/ Eval / Eval / Eval / ID Description Unit Qty Cost Cost Cost Multiple]Conduit Installations in 18" to 36" Trench CB1 Conduit 1" PVC Ft 1,00(] 450 590 30(] CB2 Additional 1" PVC Condmt in Trench Ft 100! 45 59 3(] CB3 Eondmt 2" PVC Ft 15,000 7,500 8,850 7,05(] CB4 Additional 2" PVC Conduit m Trench Ft 2,000 1,000 1,180 94¢ CB5 Condmt ~ & 1/2" PVC Ft 1,000 550 590 50C CB6 Additional 2 & 1/2" PVC Conduit m Trench Ft 1,000 550 590 50( CB7 Condu~t ~" PVC Ft 100 59 59 5( CB8 Additmnal 3" PVC Condmt m Trench Ft 100 59 59 50 CB9 Conduit 4" PVC Ft 20,000 12,00(] 15,000 11,000 CB10 Additional 4" PVC Condmt m Trench Ft 20,000 12,00C 15,000 11,000 CB11 Conduit ~" PVC Ft 20,000 18,200! 16,000 22,000 CB12 Addtuonal 6" PVC Condmt m Trench Ft 12,000 10,920 9,600 13,200 CB13 Bank of two 6", two 4", and two 2" Ft 2,000 12,040 10,80(} 8,400 CB14 Bank of three 6", three 4", and three 2" Ft 1,000 9,630 7,50(] 6,250 CB15 Condun 1" PVC 90 degree sweep Ea 10 50 48 40 CB16 Condmt 2" PVC 90 degree sweep Ea 45 225 214 180 CB17 Condmt ~ & 1/2 "PVC 90 degree sweep Ea 5 25 24 20 CB18 Condtut ~" PVC 90 degree sweep Ea 1 5 5 4 CB19 Condmt 4" PVC 90 degree sweep Ea 125 750 594 625 CB20 Condu~t 6" PVC 90 degree sweep Ea 50 328 239 300 CB21 Condmt 2" PVC 45 degree sweep Ea 20 100 49 80 CB22 Condmt 2 & 1/2" PVC 45 degree sweep Ea 5 25 It 20 CB23 2onduit 3" PVC 45 degree sweep Ea 5 2 4 CB24 Condmt 4" PVC 45 degree sweep Ea 20(~ 1,200 658 1,00(~ CB25 Condmtl6" PVC 45 degree sweep Ea 201 131 66 12(] CB26 Condmt'4" PVC 22 & 1/2 degree sweep Ea 20 120 33 10(] CB27 Condmt 6" PVC 22 & 1/2 degree sweep Ea 20 131 33 12(] Primary and Secondary Conductor Installation CI1 Cable, Cu UF SOL, 12/2 awg Secondary Ft 10,000 3,000 4,400 2,50C Cf2 Cable, Al 2/0 2/0 #1 Secondary Ft 2,900 1,682 1,885 29( CI3 Cable, A! 4/0 4/0 2/0 Secondary Ft 90,000 58,500 58,500 45,00( CI4 Cable, Cu 250 250 4/0 Secondary Ft 10,000 7,20(] 6,800 8,00( C15 Cable, # 2 Al 15 kV Single Phase Pull Ft 70,000 45,50(] 45,500 35,000 CI6 Cable, #4/0 Al 15 kV Single Phase Pull Ft 9,000 6,30(] 5,850 5,400 CI7 Cable, #2 Al 15 kV Three Phase Pull Ft 1,000 1,050 1,380 600 CI8 Cable, # 4/0 Al 15 kV Three Phase Pull Ft 7,000 15,540 10,500 10,500 CI9 Cable, 250 MCM Cu 15 kV Three Phase Pull Ft 100 225 200 200 CII0 Cable, 500 MCM Cu 15 kV Three Phase Pull Ft 2,000 8,100 5,50(] 4,000 CI11 Cable, 750 MCM Cu 15 kV Three Phase Pull Ft 1,000 5,450 3,50(] 3,000 B,e,W TLT Barco I Est/ Eval / Eval ! Eval ID Description Unit Qt~ Cost Cost Cost Termlnaliom T1 Elbow, L~adbreak #2 AL 220 rml 15 kV Ea 500 20,000 19,21C 17,500 T2 Elbow, Loadbmak #4/0 AL 220 md 15 kV Ee 50 2,000 1,921 1,750 T3 Elbow, T'Nonloadbreak 250 MCM 15 kV Ea 3 300 31 ] 90 T4 Elbow, TiNonioadbreak 500 MCM 15 kV Ea 3 300 311 90 T5 Elbow, TINonloadbreak 750 MCM 15 kV Ea 3 345 311~ 90 T6 Termination Rack / Utfitty Pole single phase # 2 Ea 35 12,075 10,869 1,750 T7 Termmatlon Rack / Utility Pole vee phase # 2 Ea 4 1,780 1,604 240 T8 Termination Reek / Uuhty Pole 3 phase # 2 Ea 12 6,540 7,890 84(] T9 'Termination Reek / Utility Pole single phase #4/0 Ea 345 311 TI0 rermmatton Reek on a Utility Pole vee phase # 4/0 Ea 445 401 6(] T11 rermmatlon Rack on a Utility Pole 3 phase # 4/0 Ea 545 657 7( T12 Termination Rack on a Utility Polo 3 phase 250MCM Ea 1 545 971 TI3 Tenmunt~on Raok on a UUhty Polo 3 phase 500 MCM Ea I 645 971 T14 Termmaaon Reek on a Utdity Pole 3 phase 750MCM Ea 1 645 971 7( Arrestors A1 Arrestor Elbow, 10 kV Ea 200 2,000 3,608 1,000 A2 Arrestor, Busing Stand 10 kV Ea 25 250 451 125 A3 Arrester,;Parkmg Stand 10 kV Ea 3 3(] 18 15 MunholCs and Vaults V1 4 Way Manhole 12' X 12' X 9' / 3' of Cover Ea 3 8,551 1,800 7,500 V2 3 Way Munhole 12' X 10' X 9' / 3' of Cover Ea 2 5,701 900 5,000 V3 Addmonal foot of oover for 4 Way or 3 Way to 6' Ft 1 100 10 250 V4 F~berglass Vault 4'W X 4'D x $'L Surfaco Mount Ea 2 1,400 769 800 V5 F~harglass Vault 4'W X 4'D x 6'L Surface Mount Ea 2 1,250 56(] 700 V6 FiberglaSs Vault 4~V X 4'D x 5'L Surfaoe Mount Ea 2 1,100 372 600 V7 Fiberglass Vunlt 4 W X 4 D x 4 L Surface Mount Ea 2 950 30£ 500 V8 F~bergla~s Box 13"W X 18"D x 24"L Surface Mount Ea 12 588 57( 1,200 V9 F~bergla~s Box 12"W X 12"D x 12"L Surface Mount Ea 12 588 57( 900 VIO F~hargla~s Sleeve, Pn Connection Cabinet 1 Phase Ea I 89 4.~ 75 V11 Ftberglais Sleeve, Pn Countermen Cabinet 3 Phase Ea I 89 45 200 VI2 Excavation to Acces stde of a Manhole Ea 4 1,300 400 800 V13 Excavation to Acces s~de ora Vault Ea 2 325 100 15(] V14 6" Condmt Entry rote Manhole Ea 6 30 12 36(] VI5 4" Condmt Entry rote Manhole Ea 6 30 12 24¢ V16 2 1/2" COnduit Enlry rote Manhole Ea 6! 30 12 VI7 2" Condmt Entry rote Manhole Ea 6 30 12 12£ VI 8 6" Cond~t Entry Into Vault Ea 6 30 6 36£ VI9 4" Condmt Entt~ into Vault Ea 6 30 6 24£ V20 2 1/2" Condmt Entry rote Vault Ea 6 30 6 15( V21 2" Condmt Entry into Vault Ea 6 30 6 120 V22 Coneret~ Blocking of Condmts entenng a Manhole CY 70 1,050 245 53 F~ber Place Overhead Fiber 6,000 6,000 Pull Fiber in Condmt 7,000 7,000 Other ~ Polo and Street L~ght, 976 pounds 52,500 e Pole and Sheet Light 1,750 pounds 3,600 Ft Polo and Slreot Light 900 Place Fault In&cater Single Phase 50 125 Place Fault Indloator Three Phase 10 10 Total Evaluated Cost B&W:~ B&W Utfll~, Services, Sanl~or Texas $q,689,423 TLT: T L T Construction Co, Inc, Sherman, Texas $q,662,795 Barco: Barco Construction, Inc dba Reaves Ente~nses, Denton Texas $1~370~498 ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE INSTALLATION OF UNDERGROUND UTILITIES, PROVIDING FOR THE EXpENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2491- ANNUAL CONTRACT FOR ELECTRIC UNDERGROUND SERVICES INSTALLATION AWARDED TO BARCO CONSTRUCTION, INC, DBA REEVES ENTERPRISES AS LISTED BELOW WHEREAS, the City has sohclted, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services m 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 hereto descnbed bids are the lowest responsible bads for the matenals, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore, and WHEREAS, the City Council has provided m the City Budget for the appropnatlon of funds to be used for the purchase of the materials, equipment, supphes or sen, aces approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered items in the following numbered bads for materials, equipment, supplies, or services, shown an the "Bid Proposals" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved BID ITEM NUMBER NO VENDOR AMOUNT 2505 ALL Barco Construction, Inc. Exhibit A SECTION II That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bads for such items and agrees to purchase the materials, equipment, supplies or services m accordance with the terms, specifications, standards, quantmes and for the specified sums contained in the Bid Invitations, Bad Proposals, and related documents ~ECTION III That should the C~ty and persons subrmtting approved and accepted items and of the submitted bids wash to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bads, the City Manager or bas designated representative as hereby authorized to execute the wnttan contract wbach shall be attached hereto, provided that the written contract as m accordance with the terms, eondmons, specifications, standards, quantmes and specified sums contauied an the Bid Proposal and related documents herein approved and accepted SECTION IV That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby anthonzes the expenditure of funds therefor m the amount and m accordance with the approved b~ds or pursuant to a written contract made pursuant thereto as anthonzed hereto SECTION V That this ordinance shall become effective ~mmedmtely upon its passage and approval PASSED AND APPROVED this day of ., 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 2491 SUPPLY ORDINANCE-5-2000 EXHIBIT A Bid Number 2491 ~ Barco Est/ Eval / ID Description Unit [ Qt¥ Cost Excavatlon and Backfill D1 Trench with Trencher 6" wide by 30" deep Ft 70,000 35,000 D2 Trench with Trencher 6" wide by 48" deep Ft 100,000 125,000 D3 Trench with Trencher 6" wade by 60" deep Ft 5,000 7,500 D4 Trench with Backhoe 18" wide 48" deep Ft 178,000 356,000 D5 Trench with Backhoe 15" wide 60" deep Ft 10,000 25,000 D6 Trench with Backhoe 18" wade 72" deep Ft 30,000 90,000 D7 Trench with Backhoe 18" wide 84" deep Ft 1,000 4,000 D8 iTrench vath Backhoe 18" wide 96" deep Ft 1,000 5,000 D9 Trench with Backhoe 24" wide 48" deep Ft 1,000 2,000 Dl0 French with Backhoe 24" wide 60" deep Ft 15,000 37,500 [ D11 French w~th Backhoe 24" wide 72" deep Ft 5,000 15,000 D12 French with Backhoe 24" wade 84" deep Ft 5,000 20,000 D13 French with Backhoe 24" wide 96" deep Ft 1,000 5,000 DI4 Trench with Backhoe 36" wide 45" deep Ft 1,000 2,000 D15 Trench with Backhoe 36" wade 60" deep Ft 1,000 2,500 D16 Trench with Backhoe 36" wide 72" deep Ft 1,000 3,000 D17 Trench with Backhoe 36" wide 84" deep Ft 1,000 4,000 D18 Trench with Backhoe 36 wide 96 deep Ft 100 1,000 D 19 Special trencher for trenchm8 m rock, 6'* wadth Ft 2,000 5,000 D20 Rock Adder, Backhoe 18" Width, Cumng & Jack Hammer Ft 100 300 D21 Rock Adder, Backhoe 24" Wtdth, Cutmlg & Jack Hammer Ft 100 300 D22 Rock A~der, Backhoe 36" Wtdth, Cutting & Jack Hammer Ft 100 300 D23 Rock Adder, Backhoe 18" Width, Large Rock QuantRy Ft 1,000 3,000 D24 Rock Adder, Backhoe 24" Width, Large Rock Quanuty Ft 500 1,500 D25 Rock Adder, Backhoe 36" Width, Large Rock Quantity Ft 100 300 D26 Hand Dtggmg 30'* deep Ft 100 2,000 D27 Hand D~ggmg 48" deep Ft 35 700 D28 Coheret~ Backfill of Trench Excavated by Backhoe CY 1,20C 300 D29 Concrot~ Backfill of 6" Trench CY 2,0013 1,500 D30 Mechanical Tamping of Trench Excavated by Backhoe Ft 2,00~ 2,000 Unit Est/ Eval / ID Description Qty Cost Directional Boring DB1 Bore 2" SDR 13 $ Duct Ft 400 3,200 DB2 Bore 2 ~ 1/2" SDR 13 5 Duct Ft 400 3,200 DB3 Bore 3" SDR 13 5 Duct Ft 100 800 )B4 Bore 4" SDR 13 5 Duct Ft 500 6,000 DB5 Bore 6" gDR 13 5 Duct Ft 500 6,000 Combinations DB6 One 6", and One 2" SDR 13 5 Duct Ft 200 4,000 DB7 One 6", eno 4" and One 2" SDR 13 5 DuCt Ft 201] 5,000 DB8 two 2" ~DR 13 5 Duct Ft 201] 2,400 Strmghf Line Boring (Optional) SLI Bore 6" btrt Ft 101] 1,200 SL2 Bore 8" Din Ft 101] 1,800 SL3 Bore 10" Dm Ft 101] 1,800 SL4 Bore 12" Dirt Ft 101] 2,400 SL5 Bore 14o Dirt Ft 10C 2,800 SL6 Bore 167 Dirt Ft 10C 3,200 SL7 Bore 18',' Dm With casing to TXDOT Std Ft 10C 5,401] SL8 Bore 20',' Dm Wtth casing to TXDOT Std Ft 50C 30,001] SL9 Bore 2" Rock Ft 10£ 1,201] SL10 Bore 4" Rock Ft 10C 1,401] SLI 1 Bore 6" Rock Ft 10£ 1,801] i SL12 Bore 8" Rook Ft 10£ 2,801] SL13 Bore 101' Rock Ft 10£ 3,001] SL14 Bore 12!' Rook Ft 10( 3,401] Conduit Installation in 6" Wmde Trench CT1 Condmt[ 1" PVC Ft 3,0001 901] CT2 Condmtl2" PVC Ft 112,000 52,641] CT3 Conduit 2 & 1/2 "PVC Ft 2,000 1,001] CT4 Condmt,3" PVC Ft 100 51] CT5 Condmtl4" PVC Ft 21,000 11,55£ CT6 One 1" PVC Conduit and One 2& 1/2" PVC Conduit 70,000 45,50£ CT7 CondmtI 1" PVC 90 degree swoop Ea 200 CT8 Condmt, 2" PVC 90 degree sweep Ea 900 3,60£ CT9 Condmt 2 & 1/2" PVC 90 degree swoop Ea 2,500 10,00( CT10 Condmt'3" PVC 90 degree sweep Ea 1 CT11 Conduit 4" PVC 90 degree sweep Ea 250 1,25( CT12 Conduit 2" PVC 45 degree sweep Ea 200 80( CT13 Condm~ 2 & 1/2 "PVC 45 degree sweep Ea 200 8001 CT14 Condmf 3" PVC 45 degree sweep Ea 1 CT15 iCondmt 4 PVC 4 degree sweep Ea 65 325 CT16 Condm~ 4" PVC 22 & 1/2 degree swoop Ea 80 400 ID Descr~ptmn Unit qt~, Cost Multiple[Conduit Installations in 18" to 36" Trench CB1 Conduit 1" PVC Ft 1,00C 300 CB2 Addmon01 1" PVC Condmt tn Trench Ft 10(] 30 CB3 Condmt 2" PVC Ft 15,00(] 7,050 CB4 Ad&tmnal 2" PVC Condmt m Trench Ft 2,00(] 940 CB5 Conduit 2 & 1/2" PVC Ft 1,00(] 500 CB6 Addittonal 2 & 1/2" PVC Condmt in Trench Ft 1,00(] 500 CB7 Condmt 3" PVC Ft 10C 50 CB8 Add,Cron,al 3" PVC Condmt m Trench Ft 10C 50 CB9 Conduit 4" P¥C Ft 20,00( 11,000 CB10 Addit~onal 4" PVC Conduit m Trench Ft 20,00( 11,000 CBI 1 Conduit 6" PVC Ft 20,00( 22,000 CBI2 Additional 6" PVC Condmt m Trench Ft 12,00( 13,20(] CB13 Bank of two 6", two 4", and two 2" Ft 2,00( 8,400 CBI4 Bank of ~hree 6", three 4", and three 2" Ft 1,000[ 6,25(3 CB15 Condmt ~" PVC 90 degree sweep Ea 10: 4(] CB16 Condmt 2" PVC 90 degree sweep Ea 45 18(] CB17 Conduit ~ & 1/2" PVC 90 degree sweep Ea 5 2(] CB18 Condmt $" PVC 90 degree sweep Ea 1 4 CB19 Condmt 4" PVC 90 degree sweep Ea 125 625 CB20 Conduit 6" PVC 90 degree sweep Ea 50 30¢ CB21 Conduit 2" PVC 45 degree sweep Ea 20 CB22 Conduit 2 & 1/2" PVC 45 degree swoop Ea 5 CB23 Condmt $" PVC 45 degree sweep Ea 1 CB24 Condmt 4" PVC 45 degree sweep Ea 200 1,00( CB25 Condmt ~" PVC 45 degree sweep Ea 20 12£ CB26 Conduit 4" PVC 22 & 1/2 degree sweep Ea 20 10C CB27 Condmt 6" PVC 22 & 1/2 degree sweep Ea 20 1201 Primary and Secondary Conductor lnstallataon CI 1 Cable, CU UF SOL, 12/2 awg Secondary Ft 10,000 2,500 Cf2 Cable, Al 2/0 2/0 #1 Secondary Ft 2,900 290 C13 Cable, Al 4/0 4/0 2/0 Secondary Ft 90,000 45,000 CI4 Cable, Cu 250 250 4/0 Secondary Ft 10,000 8,000 CI5 Cable, # 2 Al 15 kV Single P, hase Pull Ft 70,000 35,000 CI6 Cable, #4/0 Al 15 kV Single Phase Pull Ft 9,000 5,400 CI7 Cable, #2 Al 15 kV Three Phase Pull Ft 1,000 600 CI8 Cable, #:4/0 Al 15 kV Three Phase Pull Ft 7,000 10,500 CI9 Cablo, 2~0MCMCu 15 kV Three Phase Pull Ft 100 200 CI10 Cable, 5~}0 MCM Cu 15 kV Three Phase Pull Ft 2,000 4,000 CI 11 I Cable, 750 MCM Cu 15 kV Throe Phase Pull Ft 1,000 3,000 i Est/ Evai / ID DescnpUon Unit Qt~, Cost Terminations TI Elbow, ]~oadhreak #2 AL 220 m~l 15 kV En 500 17,$0(] T2 Elbow, I~oodbreak #4/0 AL 2110 mil 15 kV En 50 1,75(] T3 Elbow, T Nonloadbr~ak 250 MCM 15 kV Ea 3 9C T4 Elbow, ~ Nunloadbmak 500 MCM 15 kV Ea 3 9(] T5 Elbow, ~ Nonloadbroak 750 MCM 15 kV Ea 3 9( T6 Termmaaon Rack / Utility Pole single phase # 2 Ea 35 1,75( T7 Tennmagon Rack / UtfllW Pole vee phase ii 2 Ea 4 24( T8 Termmagon Rack / Utility Pole 3 phase # 2 Ea 12 84( T9 Termma~on Rack / Utility Pole single phase ii4/0 Ea 1 T10 Termination Raok on a UUhty Pole vee phase # 4/0 Ea 1 60! T11 Termmagon Rack on a Uuhty Pole 3 phase ii 4/0 Ea 1 70 T12 Tormma on Raok on a Uul~ty Pole 3 phase 250MCM Ea 1 50 T13 Tonnma ion Rack on a Utdlty Pole 3 phase 500 MCM Ea I 60 T14 Tennma Ion Rook on a Utlhty Pole 3 phase 750MCM Ea 1 70 Arrestors A1 An'estorlElbow, 10 kV En 200 1,000 A2 iArrester~ Busing Stand 10 kV Ea 25 125 A3 A_,'rester~ Parking Stand 10 kV Ea 3 15 Munholea ~d Vaults V1 ¢ Way Man_hole 12' X 12' X 9' / Y of Cover En 3 7,500 V2 3 Wey l~mholo 12' X 10' X 9' / 3' of Cover En 2 5,000 V3 Addmonal foot of oovor for 4 Way or 3 Way to 6' Ft I 250 V4 FiberglaSs Vault 4'W X 4'D x 8'L Surfaoe Mount Ea 2 800 V5 Flberglais Vault 4'W X 4'D x 6'L Surface Mount En :2 700 V6 Ftbergla~s Vault 4~' X 4'D x 5'L Surface Mount Ea :2 600 V7 F~bergla~s Vault 4"~ X 4'D x 4'L Surfaco Mount Ea :2 500 V8 Flborglais Box 13"W X 18"D x 24"L Surface Mount Ea 1:2 1,200 V9 F~bergla~s Box 12"W X IT'D x 12"L Surface Mount Ea 12 900 V10 F~berglais Sleeve, Pn Couneot~on Cabinet 1 Phase Ea 75 VI l F~bergla'ls Sleeve, Pn Counecuon Cabinet 3 Phase Ea 200 V12 Excavat on to Acces side of a Manhole Ea 4 800 V13 Excavat on to Acces side of a Vault Ea ~ 150 V14 6"Cun~ atEnUymtoManhole Ea ( 360 V 15 4" Cond at Emry into Manhole Ea ~ 240 VI6 2 1/2" Condmt Entry rote Manhole Ea ( 15~ V17 2 Condmt Enlry rote Manhole Ea 12~ V18 6" Condtut Entry rote Vault Ea 36(] VI9 4" Condom( Entry into Vault Ea 6i 24(] V20 2 1/2" Condmt EnUy rote Vault Ea 6 15(] V21 2" Cundmt Entry rote Vanlt Ea 6 12(] V22 Concret~ Blocking of Conduita antmang a Manhole CY 70 53 ID Descriptmn Umt Qty Cost Founda~ons PI T~o~ P~ 48" X 54" Ft~ ~ 25C 28,125 P2 Sw~h ~ P~ T x T x 3' ~ 1 ] 5,500 Equipm~t E1 ~cond~ ~on Pedo~ ~ 450 21,15C E2 ~Smgle ~ T~omer on P~ ~ 250 31~5C ~ ~e ~ T~fo~er on Pad ~ S~ ~ on P~ ~ 11 1,37~ E5 ~ 1 P~o S~on~mg Pedes~ on S~eve ~ 1 12~ E6 ~ 3 ~ue ~o~a Pedes~ on Sle~e ~ I 12~ ~nber FI P~co ~d F~ Mo~ 2,000 6,000 F2 ~1 Ftb~ m ~ndmt Met~ 2,000 7,000 ~her Ol 20 Ft ~n~ Po~ ~d S~ ~k 976 ~ds ~ 300 45,000 [ O2 35 Ft ~ Po~ ~d S~et L~t 1,750 ~ds ~ 12 1,800 O3 45 Ft ~s ~1~ ~d S~ L~ht ~ ~ 600 O4 Pl~e Fn~t In&~mr S~io P~e En 25 125 O5 Pince Fn~t l~eamr ~ ~e Ea 2 10 Agenda Ite~.~ AGENDA INFORMATION SHEET Date _ AGENDA DATE: June 6, 2000 Questions concermng flus acquisition may be directed DEPARTMENT: Matenals Management to Sharon Mays 349-8487 ACM. Kathy DuBose, Fiscal and Municipal Services ~ SUBJECT: An Orchnance accepting competitive bids and awarding a contract for the supply of weathenng steel poles, prowdmg for the expenditure of funds therefore, and prowdlng an effective date (Bid 2497-Steel Poles awarded to Thomas and Betts in the amount of $221,253) This bid is for poles necessary for the reconstruction of 1 5 miles of Denton's 69 KV transnusston hne on a portaun of the Denton North to North Lakes line The existing line is 38 years old The conductor xs too small and wood poles do not meet the requirements of the National Elecmc Safety Code for larger conductor The b~d consist of 29 poles m various lengths ranging from 55' to 90' and constructed ofweathenng steel RECOMMENDATION: We recommend ti'ns bid be awarded to the lowest evaluated bidder, Thomas and Betts m the amount of $221,253 Galvamzed and Weathenng Steel were considered and concrete was an acceptable alternate However cost of installation due to the weight of concrete poles ehmmated the concrete from consideration PRIOR ACTION REVIEW: The Pubhc Utility Board reviewed tins acquasltion and recommended approval June 5, 2000 PRINCIPAL PLACE OF BUSINESS. Thomas and Betts Memphis, TN ESTIMATED SCI~EI)ULE OF PROJECT: Pole delivery is quoted to be 23-25 weeks after receipt of an order and approval of drawings Construction to start October of 2000 and be completed m February 2001 Agenda Information Sheet June6, 2000 Page 2 FISCAL INFORMATION: This reconstruction project will be funded from 2000 Revenue Bond Account (654-080-RB00- 3550-9214-CO61204B) Respectfully submitted Tom Shaw, C ~ M ,~349-7100 Purchasing Agent Attachmont 1 Tabulation Sheet 1391 AGENDA ATTACHMENT 1 TABULATION SHEET BID # 2497 Thomas &Betts BID NAME Steel Poles Thomas &Betts Thomas &Betts Dis-Tran Steel Dls-Tran Steel Galvanized Steel Deadends Weathering Galvanized Weathering Galvanized & Newmark Concrete DATE $/1S/00 Steel Steel Steel Steel Tangents Principal Place of Business Memphis, TN Memphis, TN Plnevlllo, LA Plnovllle, LA Memphis, TN Pole Bid - D-~=-~-e-'ld $109,634 $120,792 $169,540 $178,740 $120,792 Pole Bid - Tangent $t 11,719 $t 24,827 $245,800 $255,800 $61,687 Pole Bid - TOTAL $22t,263 $245,6t 9 $4t5,340 $434,540 $t 82,479 ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE SUPPLY OF WEATHERING STEEL POLES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (BID 2497-STEEL POLES AWARDED TO THOMAS AND BETTS IN THE AMOUNT OF $221,253) WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or sermces m accordance with the procedures of STATE law and City ordinances, and WI-IEREAS, the City Manager or a designated employee has rewewed and recommended that the herein described bids are the lowest responsible bids for the materials, eqmpment, supplies or services as shown in the "Bid Proposals" submitted therefore, and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein, NOW, THEREFORE, THE COLrNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered items in the following numbered bids for materials, equipment, supphes, or services, shown m the "Bid Proposals" on file m the office of thc City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items BID ITEM NUMBER NO VENDOR AMOUNT 2497 ALL Thomas & Betts $221,253 SECTION II That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, eqmpment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents SECTION III That should the City and persons submtttmg epproved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or bas designated representative is hereby anthonzed to execute the written contract which shall be attached hereto, provided that the written contract is m accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted SECTION IV That by the acceptance and approval of the above numbered items of the submitted bids, the Cxty Council hereby anthonzes the expen&mre of funds therefor ~n the mount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized hereto SECTION V That tins orrhnance shall become effective lmmerhately upon its passage and approval PASSED AND APPROVED tins __ day of ,2000 EUL1NE BROCK, MAYOR ATTEST, JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 2497SUPPLY ORDINANCE -new 2000 AGENDA INFORMATION SHEET Agenda N0_ Agenda Item AGENDA DATE: June 6, 2000 Questlo~~/ acqms~uon may be d~rected DEPARTMENT: Purchasing to Sharon Mays 349-8487 ACM: Kathy DuBose, F~scal and Municipal Serwccs ~ SUBJECT: An Ordinance accepting compet~tlve bids and awarding a contract for the purchase of 13 8 kV Phase Over Phase Switch, prowd~ng for the expenditure of funds therefor, and prom&ng an effective date (B~d 2505-138 kV Phase Over Phase Switch awarded to the lowest bidder, Utility Sales Agent m the mount of $19,740) BACKGROUND' Thxs bid is for the purchase of a specialty designed 138 kV phase over phase switch It xs to be installed as a substation by-pass as part of the Denton North to North Lake S ubstataon rebuild project RECOMMENDATION: We recommend thas bid be awarded to the lowest b~dder, Utility Sales Agent in the amount of $19,740 PRINCIPLE PLACE OF BUSINESS: Utility Sales Agent Fairvlew Heights, IL PRIOR ACTION/REVIEW (Council, Boards, Commissions)' Public Utthty Board considered this acqmsmon and recommends approval on June 5, 2000 ESTIMATED SCHEDULE OF PROJECT This sw~tch is scheduled for delivery in 14 weeks after receipt of an order or the third week in September 2000 FISCAL INFORMATION: Funchng for this switch is avmlable from 1998 Revenue Bond account (653-080-RB98- 3650-9219-CO61204B Res~ly subbed Name Tom Shaw, C P M, 349-7100 Title Purchasing Agent Attachment gl Tabulation Sheet 1392 AGENDA ~ ATTACHMENT 1 BID # 2505 Date ~ 138KV PHASE OVER PHASE SWITCH ~o.~ Qty I DES( ;~IPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR .............. i Utility Sales Temple Cummins 3rofess~onal Pnester Seeco Electnc Supply Agents Principle I~laceof Fairv~ew Connth, TXFt Worth, Eastlake, OH Ad~ngton, Chadotte, Business: Hgts, IL TX TX NC Three-phase 1 138kVSw~tch $ 19,740 $ 46,000 $ 45,140 $ 20,725 $ 46,615 $ 20,566 LOT TOTAL BASE 1 BID Turner S & C S & C Turner S & C Seeco Manufacturer Electric Electric Dehvery 14 weeks 27 weeks 27 weeks 10-12 weeks 27 weeks weeks ORDINANCE NO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF 138 KV PHASE OVER PHASE SWITCH, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID 2505-138KV PHASE OVER PHASE SWITCH AWARDED TO THE LOWEST BIDDER, UTILITY SALES AGENT IN THE AMOUNT OF $19,740) WHEREAS, the City has solicited, recmved and tabulated competitive bids for the purchase of necessary matenals, equipment, supplies or services m 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 deacnbed bids are the lowest responmble bids for the materials, equipment, supplies or servmas as shown in the "Bid Proposals" submitted therefore, and WHEREAS, the City Council has provided an the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered items ~n the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved BID ITEM NUMBER NO VENDOR AMOUNT 2505 ALL Utility Sales Agent $19,740 SECTION H That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services ~n accordance with the terms, spemfieations, standards, quantities and for the specified sums contained in the Bid Invitations, Bad Proposals, and related documents SECTION III That should the C~ty and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarthng of the bids, the C~ty Manager or his designated representative is hereby authorized to execute the written contract wtuch shall be attached hereto, provided that the written contract Is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contmned in the Bid Proposal and related documents herein approved and accepted SECTION IV That by the acceptance and approval of the above numbered items of the submittedlbids, the C~ty Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein SECTION V That this ordinance shall become effective immediately upon ~ts passage and approval PASSED AND APPROVED tlus day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 2505 SUPPLY ORDINANCE Agenda No ' AGENDA INFORMATION SHEET Agenda Item. ~ Date AGENDA DATE: June 6, 2000 Questions conc'ern~ng tbas acqu~sltaon may be directed DEPARTMENT. Materials Management to Alex Petttt 349-8595 ACM: Kathy DuBose, Fiscal and Mumc~pal Services ~ SUBJECT: An Orchnance awarding a contract for the purchase of materials and supplies for telephone system upgrades as approved by the State of Texas General Services Commission through a Qualified Information Services Vendor (QISV) Catalogue, providing for the expenditure of funds therefore, and providing an effective date (Purchase Order 05302 to GTE in the amount of $272,496 67) PURCHASE ORDER INFORMATION: The attached purchase order is for the upgrade of all telephone sw~tehes located w~thm the city infrastructure wtth new releases of hardware and sofcware These changes will provide better access to the telephone system, ~nereased capablhty and capacity of telephone system pmwd~ng for more efficient usage of the system dunng peak and non-peak hours Major users of the telephone system include Police and Fire as well as 911, General Government and Denton Municipal Utflmes Th~s purchase order is for the acquxsmon of sol%ware and hardware to upgrade our telephone system The prices quoted or less than the pubhshed QISV Catalogue pnces approved by the State of Texas General Services Commission RECOMMENDATION: We recommend purchase order 05302 to GTE be approved ~n the amount of $272,496 67 ESTIM.~TED SCHEDULE OF PROJECT: Equipment and Sof~ware listed can be delivered by late July 2000 and installation ~s estimated to be completed ~n late August 2000 FISCAL INFORMATION: Purchase Order 05302 will be funded from Bond fund account · 762-160-COMM-9930-9165 $199,960 96 · 762-160-COMM-9932-9165 $ 72,535 71 $272,496 67 Agenda Information Sheet June 6, 2000 Page 2 Respectfully submitted Tom Shaw, C P M, 349-7100 Pttrchas~ng Agent Attachment 1 Purchase Order 05302 to GTE Attachment 2 Quote from GTE Attachment 2 QISV Cemficat~on from GTE 1393 AGENDA ~ § ~ ° o o o ~ ~ ~ 0 ~ffi 0 0 0 ~0 ~ ~00~ · ' ' ~o GTE Network Service. 500 East Carpenter Freeway PO Box 152013 Irv~ng TX75015-2013 City of Denton Project Delta May 11, 2000 Sectaon 1 C~ty Hall Option 61 Upgrade to Option 81C Regular State Catalog City of Denton Equipment $78,901 57 $73,163 27 $71,728 70 Labor $1 540 00 $1,540 00 $1,540 00 Freigh~Mmor Materials $8,919 ';5 $8,919 55 $8,919 55 Sub-Total $89,361 12 $83,622 82 $82,188 25 Section 2 Option I1C Upgrade to Release 25 Waste Water Regular State Catalog City of Denton Eqmpment $6,385 50 $5,921 10 $5,805 00 Labor $330 00 $330 00 $330 00 Freight/Minor Matarlals $634 45 $634 45 $634 45 Sub-Total $7,349 95 $6,885 55 $6,769 45 Section 3 Option 9-1 Upgrade to Option 61C Service Center Regular State Catalog City of Denton Equipment $61,752 06 $57,261 00 $56,138 24 Labor $935 00 $935 00 $935 00 Freight/Minor Matarmls $6,200 99 $6,200 99 $6,200 99 Move $7,500 $7,500 00 $7,500 00 Sub-Total $76,388 05 $71,896 99 $70,774 23 Sectzon 4 Option lie Upgrade to Release 2~ C~ty Hall East Regular State Catalog City of Denton Equipment $3,272 83 $3,034 81 $2,975 30 Labor $330 00 $330 00 $330 00 Frezgh~Vhnor Matanals $360 44 $360 44 $360 44 Sub-Total $3,963 27 $3,725 25 $3,665 74 A part of GTE Corporation Section $ Option Fiber Remote at City Hall West Regular State Catalog City of Denton Equipment $21,S64 57 $19,996 23 $19,604 15 Labor $2,310 00 $2,310 00 $2,310 00 Freight/Minor Materials $2,369 06 $2,369 06 $2,369 06 Sub-Total $26,243 63 $24,675 29 $24,283 21 Section 6 Mini-Carrier Remotes to Replace Norstars Please note that this pricing will remain consistent for all 4 locations even though Some equipment my be different. Phones are not iucluded, Regular State Catalog City of Denton Equipment $62,512 69 $57,966 31 $56,829 72 Labor $3,520 00 $3,520 00 $3,520 00 Freigh~/lVllnorMatanals $7,360 13 $7,360 13 $7,360 13 Sub-Total $73,392 82 $68,846 44 $67,709 85 Section 7 Spencer Release2~ upgrade Regular State Catalog City of Denton Equipment $1,641 92 $1,522 S0 $1,492 65 Labor $550 00 $550 00 $550 00 Frelgh~MInor Materials $283 21 $283 21 $283 21 Move $2,500 00 $2,500 00 $2,500 00 Sub-Total $4,975 13 $4,855 71 $4,825 86 Section 8 Admm Pricing Regular Stata Catalog City of Denton Eqmpment Smart 161~ Shelf AC wlSHMP controller $1,995 00 $1,895 00 $1,840 08 TI I~SF CSU ACE (RM) (Qty 1 ~'-$589 17) $13,920 00 $10,448 00 $9,426 72 Redundant AC Powarmg from SMART 16 shelf $550 O0 $550 O0 $539 O0 Labor $320 O0 $320 O0 $320 O0 Frelght/Mmor Mat~nals $155 00 $155 00 $155 00 Sub-Total $16,940 00 $13,368 00 $12,280 08 Grand Total for Sections 1-8 $272,496.67 GTE Network Services 500 East Carpenter Freeway PO Box 152013 I~ng TX75015-2013 May 22. 2000 Mr Tom Shaw City of,Denton Purchasing Department 601 E Hickory Street Denton, Texas ?6205 Dear Mr Shaw This letter is being written to inform you that GTE Southwest is a Qualified Information Systems Vendor for the State of Texas General Services Commission GTE Southwast Is current with all requirements including fees and detailed reports with tho General Servmas Comralsslon The proposal that you received dated May 11, 2000 is at or below the Catalogue Purchasing Program as specified by the General Services Commission This proposal is a sole source solution of which GTE currently has the mmntenance contract and responsibility for the operation of the Norlel Meridian phone system The pricing structure that has been developed In accordance with the terms and conditions of the General Services Commission can be viewed at the State of Texas General Services Commission webslte, www ~z$~..stata.tx,us I have also enclosed a copy of the approval letter sent by the General Services Commission stating that GTE is,approved and ehglble to sell under the QISV catalog If you have any further questions please feel free to contact Denms Patrick at 972-719-3203 Thank you for the opportunity and GTE is Iookang forward to providing the City of Denton outstanding service and support Sincerely, Account Manager A part of GTE Corporation General Services Commissmn 17! 1 Sall J~m~o PO nox 13047 (512) 46~3035 Ja~a~ 2, 1~7 GTE SOUTHWEST INCORPORATED GO~, 816 CONQRE~ AVENUE ~UITE 1500 AUSTIN TX 78701 Re QISV Catalogue Al~roval VID # Dear Sir or Madam r~mm (CPP). --' ~ -- ~ ........ lfi~ ~y~W Ma~ ~r~m ~ We ~k fo~a~ ~ ~ur =W e=~ ~ ~ p~mm ~ h ~te ~ To~ If ~u ~ to ~ ~ CPP, ~ ~y do 80 m 61~, ~ 61~ ~ E~ll ~O~m= ~ You ~y ~ ~ mw our ~1~ Pu~g P~ ~ ~ue Ve~or ~le JLS ORDINANCE NO AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS AND SUPPLIES FOR TELEPHONE SYSTEM UPGRADES AS APPROVED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION THROUGH A QUALIFIED INFORMATION SERVICES VENDOR (QISV) CATALOGUE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 05302 TO GTE IN THE AMOUNT OF $272,496 67) WHEREAS, pursuant to Resolution 92-019, the State Purchasing General Services Commission has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services In aeoordance with the procedures of state law on behalf of the City of Danton, and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies or services can be purchased by the City through the General Services Commission programs at less cost than the City would expend if bidding these Items indI,adually, 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 I That the numbered items in the following numbered purchase order for materials, eqmpment, supplies, or services, shown In the "Purchase Orders" listed hereon, and on file in the oftce of the Purchasing Agent, are hereby approved PURCHASE ORDER VENDOR AMOUNT 05302 GTE Network Service $272,496 67 SECTION II That by the acceptance and approval ofthe above numbered Items set forth In the attached purchase orders, the City accepts the offer of the persons submatUng the bids to the General Services Commission for such items and agrees to purchase the materials, equipment, supplies or services In accordance with the terms, conditions, specifications, standards, quantlUes and for the specified sums contained m the bid documents and related documents filed with the General Services Commission, and the purchase orders issued by the City SECTION III That should the C~ty and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter ~nto a formal written agreement as a result of the Caty's rat!fication of bids awarded by the General Services Comm~ssxon, the City Manager or bas designated representative is hereby authonzed to execute the written contract wbach shall be attached hereto, prowded that the written contract ~s m accordance wxth the terms, condxtions, specxfications and standards contained m the Proposal submitted to the General Services Commission, quantities and specified sums contmned m the Cxty's purchase orders, and related documents hereto approved and accepted SECTION IV That by the acceptance and approval of the above numbered ~tems set forth m the attached purchase orders, the C~ty Council hereby authorizes the expenchture of funds therefor m the amount and ~n accordance w~th the approved purchase orders or pursuant to a written contract made pursuant thereto as anthonzed herein SECTION V That tbas orchnance shall become effective ~mme~hately upon ~ts passage and approval PASSED AND APPROVED tbas day of ,, 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 05302 PO STATE ORDINANCE-2000 Agenrfa No... ~::~ - ~ ~ Agenda Item AGENDA INFORMATION SHEET Date AGENDA DATE: June 6, 2000 Questions concerning this acqms]t]on may be directed DEPARTMENT: Materials Management to Alex Pettlt 349-8595 ACM: Kathy DuBose, Fiscal and Mumclpal Services ~ SUBJECT: An Ordinance awarding a contract for the purchase of an automated permits management, project tracking and code enforcement soft-ware system as approved by the State of Texas General Services Commission through a Qualified Information Services Vendor (QISV) Catalogue, prowd]ng for the expandlture of funds therefore, and providing an effective date (Purchase Order 05303 to CRW in the amount of $223,050) PURCHASE ORDER INFORMATION: A committee was formal in 1998 to review and select a new Bmldlng Inspections, Code Enforcement and Planning soth~are system Representative from bmldmg Inspections, Code Enforcement and Planning partmlpated m the evaluation process The committee met to establish criteria for select,on, ]dentif~nng posmble product solutions and evaluating eight products After product demonstrations, six municipal site visits were made to similar mummpal users Two vendor office vimts were also made The first choice the committee made was the HTE soft'ware However, when HTE decided that they would no longer support Umx version of their sot'avare, the cornmtttee unammously chose CRW Assocmtes as the final selection The CRW Associates sot[ware package has a trackmg syst~n and can be connected to the GIS land base This will make access easier and improve production of the Bmldlng Inspect]on and Code Enfomement processes This will also provide the mt]zera'y with ease of information through mtemet access Th~s purchase order ~s for the acqmsmon of three interrelated software modules, building inspections, code enfomem~nt & planning designed to automate permitting, enforcement and planmng acttvmes Through tho ~mplemantat~on of th~s software these dlwslons will be able to create, ~ssue and tract permits, hceuses or development activity resulting in a higher level of enforcement and customer sermce Customers will also be able to check the status of permits, schedule inspections, plan rew~v status and project approval through an interactive voice response (IVR) system CRW Assomatos, is a QISV Sot[ware prowder and the prices reflected on Purchase Order 05303, are lower than current QISV catalogue pncmg approved by the State by Texas General Services Commission RECOMMENDATION' We recommend purchase order 05303 to CRW Associates be approved in the amount of $223,050 Agenda Informatxon Sheet June 6, 2000 Page 2 ESTIM?~TED SCHEDULE OF PROJECT. The schedule of work has not been determined at th~s time Projected target dates will be agreed upon after completmn of documentation FISCAL INFORMATION: Purchase Order 05303 to CRW Assocmtes will be funded from Long Range Technology Plan account (468-044-COMP-9847-9103) Respectfully submitted Tom Shaw, C P M, 349-7100 Purchasing Agent Attachment 1 Purchase Order 05303 to CRW Associates Attachment 2 CRW Assocmtes - QISV Certification ~ gU 11] I~AM Hi.~J~M CRW ~S0C[ATE....~ 61~ A~l ~/~ ATTACHHENT 2 May 8, 2000 · ~ , Mt Tom Sh~w ~-,~ ~ ~ Purchasing Agent '~. ~ ' ~ ~ N ~]m St ~ ,~, ~ ~ Den~n,~ 76201 ~ ~'~ Re: Texas State GSC - Qualified Information Seduces Vendor ~, ,',.~ ~ ~W ~somates ~s proud to ~o~cc o~ rcccnt mclm~ by ~e Texas Sm:e Genial S~ce~  ,'~, Co~ss[on (GSC) m the Q~hfied Iufo~atton S~ccs V~dor (QIS~ P~c~s~ng Program ~ ', ~ , mfo~uon systems product~ ~d schwas ~om pre~uahfied rims ~s conU~bu~s to an ~' ~ ' ' effiment ~d cost effective proc~ement method Addmonal mfo~auon about our pamc~pat~on ~;,,' ,, , c~ be obm~ed at ht~,//~ tsc state ~ u~eca~vendor/2489584351400 h~l '~'~'~'~ ~ ~is le~ ~s to confi~ ~at ~e fees for o~ proposal to the C~W are comm~su~t~ w~ the fees ~ ~ ' ~ outhncd ]n o~ QISV pa~mpauon for Te~ Sram ~cal Gov~m~t '~[" We a~recmte the oppo~ to prove& auwmat~ solutions for the C[V of Denton, and look f' fo~d to a long-lasting prof~s~a] relationship w~ you Please feel ~ee ~o con. ct me at ~ ' (8~8) 451-3030 ~fyou ~ve ay questmns, or ~fyou need a~y addmonal info~almn Smcerely, selatloas lee CRW Assocmtes managin~ ......,,, developmen~ M~cos ~ ~tana 1&980 ~ T~ ~n ~ege, ~ 9~127 ~ a~ 451 3QaO f~ ORDINANCE NO AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF AN AUTOMATED PERMITS MANAGEMENT, PROJECT TRACKING AND CODE ENFORCEMENT SOFTWARE SYSTEM AS APPROVED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION THROUGH A QUALIFIED INFORMATION SERVICES VENDOR (QISV) CATALOGUE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 05303 TO CRW IN THE AMOUNT OF $223,050) WHEREAS, pursuant to Resolution 92-019, the State Purchasang General Services Commasslon has solicited, received and tabulated competmve bads for the purchase of necessary materials, equapment, supphes or sermces m accordance w~th the procedures of state law on behalf of the Caty of Denton, and WHEREAS, the C~ty Manager or a desagnated employee has revaewed and recommended that the herein described materials, equapment, supphes or servaces can be purchased by the Caty through the General Serwees Commlssmn programs at less cost than the C~ty would expend ~f baddmg these atems md~vadually, and WHEREAS, the C~ty Council has prowded m the C~ty Budget for the appropnaUon of funds to be used for the purchase of the materials, equipment, supphes or servaces approved and accepted here~n, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the numbered atems in the following numbered purchase order for materials, equipment, supphes, or sermces, shown m the "Purchase Orders" lasted hereon, and on file m the office of the Purchasing Agent, are hereby approved PURCHASE ORDER VENDOR AMOUNT 05303 CRW Associates $223,050 SECTION II That by the acceptance and approval of the above numbered items set forth m the attached purchase orders, the Caty accepts the offer of the persons submattmg the bads to the General Serwees Comrmss~on for such atems and agrees to purchase the materials, equipment, supphes ,or sarvaees m accordance wath the terms, eondmons, speeafieaUons, standards, quanUUes and for the specafied sums contmned tn the bid documents and related documents filed w~th the General Services Commassaon, and the purchase orders assued by the C~ty SI~CTION III That should the C~ty and persons submitting approved and accepted ~tems set forth ~n the attached purchase orders w~sh to enter into a formal written agreement as a result of the C~ty's ratfficatton of b~ds awarded by the General Servtces Commission, the C~ty Manager or h~s designated representative ~s h~reby anthonzed to execute the written contract wtuch shall be attached hereto, provtded that the written contract ts tn accordance w~th the terms, conditions, specfficat~ons and standards contmned tn the Proposal submitted to the General Servtces Commission, quant~ttes and spemfied sums contained m the C~ty's purchase orders, and related documents here~n approved and accepted SECTION IV That by the acceptance and approval ofthe above numbered ttems set forth tn the attached purchase orders, the City Council hereby authorizes the expenchture of funds therefor ~n the amount and m accordance wtth tho approved purchase orders or pursuant to a written contract made pursuant thereto as authorized herem SECTION V That thts ordinance shall become effecUve tmmedmtely upon ~ts passage and approval PASSED AND APPROVED th~s day of ,2000 EUL1NE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 05303 PO STATE ORDINANCE-2000 AGREEMENT FOR THE INSTALLATION AND USE OF PERMIT AND CODE ENFORCEMENT SOFTWARE This Agreement is entered into this day of ,2000, by and between the City of Denton, TX, (hereinafter "CLIENT") and CRW ASSOCIATES, a d b a of CRW Systems, Inc, (hereafter "CRW") for the installation of a permit and code enforcement software, and other serwces, as specifically prowded herein (hereafter referred to as "the Project") IN CONSIDERATION of the covenants as set forth m flus Agreement, CLIENT and CRW agree as follows A. SCOPE OF SERVICES / SCHEDULE OF WORK A.I. PROJECT DESCRIPTION. The Project is more specifically defined as follows Installation of an automated permits management, project tracking, and code enforcement software system A.2. COMMENCEMENT DATE [ SCHEDULE OF WORK. A 2 I The commencement date of flus contract shall be the date upon which CRW is m receipt of all of the following (a) a fully executed original of flus Agreement, (b) written notice to proceed provided bY CLIENT, and (c) the m~tml contract payment as prowded in this Agreement CRW shall not be obligated to perform any work pursuant to the project, mcludmg labor or materials, prior to thc commencement date as defined herein A 2 2 A Schedule of Work, with itemized pricing of various items associated with thc Project is attached hereto as Exhibit A and ~ncurporated hereto by this reference Subject to CLIENT'S duties and responsibllmes provided ~n Section C, the time periods set forth in Exhibit A shall be adhered to The time periods indicated are provided as a general understan&ng of the estimated time period in which various Project items w~ll be completed it is not intended to ~mposc strict deadlines for completion of all or any part of the work A 2 3 The time schedule provided m Exhibit A, Schedule of Work, ~s based m large part on the assumptmn that CLIENT will prowde all necessary reformation to CRW m a timely manner ~n accordance w~th Section C of th~s Agreement B. DUTIES AND OBLIGATIONS OF CRW B.1. SCOPE OF WORK: B 1 1 After the commencement date, CRW shall perform thc following services (1) Install Permit Tracking, Code Enforcement and Project Management software (2) Provide data conversion of CLIENT'S existing data and incorporate data into CRW system CLIENT CRW ~ 1 (3) Prowde hands-on, Administrator Tralmng, as specifically provided hereto (4) Provide on-site, hands-on, User Training, as specifically prowded herein (5) Provide full-day on-site support on implementation date, as specifically prowded hereto (6) Provide &al-m telephone support dunng Annual Maintenance period CLIENT to provide local workstation vath PCAnywhere (or equivalent) connection B 1.1l. CRW shall install software and provide all services m a workmanlike manner m accordance vath the Schedule of Work, subject to the terms and conditions as stated m the Agreement Any additional serwces must be evidenced by a written modlficataon of thls Agreement, or change request pursuant to Section C of the Agreement Serwces to be prowded do not include hardware B 2 IMPLEMENTATION: CRW shall perform lmplementaUon services mcludmg setup of fee formulas, valuation schedules, and reports/forms The number of fee items shall not exceed 18. the number of valuations shall not exceed 30, and the number of reports/forms shall not exceed 10 B.3 DATA CONVERSION: CRW shall provide database conversion services necessary to convert the CLIENT's existing permit database to CRW system format To accomplish this conversion, the CLIENT will provide a copy of the existing database m ASCII, dbase, Excel, or Access format B.4 ADMINISTRATOR TRAINING. CRW Associates shall provide 2 days of training for designated System Admlmstrat°rs Thc tralmng wdl be conducted at CLIENT or CRW offices for up to three (3) staff members per training day Because of the extensive material to be covered for System Administrators, CRW Associates recommends that System Administrator training be conducted at our office Should the CLIENT elect to have this training at CLIENT offices, an additional 2 days of travel time and expenses will be billed to CLIENT B.5. USER TRAINING: CRW Associates vail provide training for Permit Trak, Code Trak. and Project Trak software Training will be conducted,at CLIENT offices for up to 20 staff members We anticipate at least 3 days of training per group often staff members It is assumed by CRW that the staffto be trained for the software will have a basic knowledge m the use of personal computers and MS-Windows It is the CLIENT's responsibility to provide adequate training facihtms and equipment for this traimng B.5.1 A fee of $350 per day vail be assessed for each staff member to be trained in excess of 20, when such training occurs concurrently w~th B 5 B.5.2 Subsequent days of training for up to six (6) staff members, ffrequested by the CLIENT, will be billed at the rate ors 1,750 per day, plus travel expenses B.6. MAINTENANCE AND SUPPORT: CLIENT CRW (-4g4~ 2 Sol, ware maintenance and support will be provtded as outhned tn Exhxblt B B.7. NOT RESPONSIBLE FOR DAMAGES DUE TO UNFORESEEN DELAYS. CRW shall NOT be responsible for any damages resulting from delays outside of its reasonable control, including, but not hmlted to, (a) failure of CLIENT to furnish t~mely reformation, Co) failure of CLIENT to approve or disapprove of CRW's work, and/or (c) strikes, lockouts, accidents, or acts of GOD C. DUTIES AND RESPONSIBILITIES OF CLIENT: C.1. INFORMATION TO BE PROVIDED BY CLIENT C 1 1 CLIENT will prowde all information necessary for CRW to estabhsh the permit software control files, including but not limited to 1 Current valuation and fee structures 2 Current Permit Type designations and categories 3 Examples of all current reports used by thc CLIENT relating to permit management 4 Any exceptions to the typical permit process, or any special permit processing requirements C 1 2 The CLIENT will provide CRW w~th access to CLIENT workstations and disk space for ~nstallation of the software C I 3 The CLIENT will ensure and proxade that staff who will be trained in the use of CRW software will have sufficient basle knowledge of permit processing and MS-Windows functions C 2. CLIENT COOPERATION: C 2 I CLIENT understands that timely completion of the Project is dependent in significant part upon the timely cooperation of CLIENT m proxadmg information to CRW necessary to complete the project, including, but not limited to (a) Data obtained from CLIENT'S present system to be incorporated into the new CRW system, and Co) information relative to desired permit forms to be incorporated into the CRW system D, COMPENSATION D.I CRW COMPENSATION AND FEES: CLIENT agrees to compensate CRW for professlonal services rendered under this Agreement for the total contract price of $214,0~0 [Two hundred and fourteen thousand, and fifty dollars], which amount shall include all labor, materials, taxes, insurance and all other costs associated with thc ProJect, except any CLIENT CRW ~ 3 specific optional items identified in Exhibit C "Summary of Project Fee" Contract price shall not include the pnee of any hardva~re assocmted w~th the Project, which shall remam the responslblhty of CLIENT In adtht~on, this fee shall not include any changes to the work as may be requested by CLIENT and incorporated into the project pursuant to a written request by CLIENT as provided in section E of this Agreement D 2 TERMS OF COMPENSATION CRW will submit invoices fur work performed according to the payment schedule shown ~n Exhibit C "Summary of Project Fee" CLIENT shall pay all invoices w~thln thrty (30) days of the invoice date Failure of CLIENT to pay invotces w~thm forty-five (45) days of thc original invoice date will subject CLIENT to a late payment fee computed at a penochc rate of I 0% per month of the amount past due, representing an annual percentage rate of 12%, which late fee shall be applied to any unpmd balance In the event CLIENT fails to pay any invoice within forty.five (45) days of the invoice date, CRW shall have the right, w~thm its sole and exclusive discretion, to either suspend all further work on the project until any outstanding invoices have been paid, or terminate this Agreement upon written notice Failure to exercise any right provided by th~s section shall not be deemed as a waiver of the late payment fee provided above, or a waiver of any right to suspend or terminate the Agreement m the future duc to failure of CLIENT to timely pay CRW invoices E. CHANGES AND ADDITIONS TO THE WORK E 1 REQUIREMENT OF WRITTEN CHANGE ORI)ERS. CLIENT may request CRW to perform additional services not covered by the specific Scope of Work as set forth in Exhibit A of this Agreement Any such requests shall be submitted in writing, and shall be signed by the Client Representative, as identified In F 1 1 of this Agreement, and an authorized representative of CRW Such signed requests shall include (a) a description of the additional services to be performed, and (b) the agreed upon price for such services Any such requests signed by the Client Representative, or other authorized agent of CLIENT, shall be deemed authorized by CLIENT and shall be bmd CLIENT to ~ts terms E 2 PAYMENT FOR ADDITIONAL WORK Any such additional work performed by CRW shall be added to thc contract price and billed in accordance with the "Summary of Project Fee" as outlined m Exhibit C of this Agreement CRW will not commence any additional services for the CLIENT until written authorization has been given by CLIENT and approved by CRW, as provided above F. INDEMNIFICATION AND INSURANCE F.1INDEMNIFICATION: F I 1 CRW shall indemnify, defend and hold harmless CLIENT fi.om and against any claims, based upon lnfnngement of any United States copyright trademark or patent by the Software CLIENT agrees to notify CRW of any such claim promptly in writing CLIENT agrees to cooperate fully with CRW dunng such proceedings CRW shall defend at its sole expense all proceedings arising out of the foregoing In the event of such mfnngement, CRW may replace, in whole or in part, Software with a substantially compatible and functionally equivalent computer program or modify Software to avoid the infringement CLIENT CRW ~ 4 F 1 2. CLIENT agrees to indemnify and hold harmless CRW, including its employees, subcontractors, consultants, and agents, from and against habfllty, damages, costs, losses, claims and expenses, including reasonable attorneys' fees, arising out of the negligent acts, errors, or omissions of CLIENT, including any of its officers, employees, or agents, to the extant pennlssible under Texas State law F.2. INSURANCE: CRW, shall at CRW's own expense, purchase, maintain and keep in force dunng the term of this Contract such insurance as set forth below All insurance policies prowded under this Contract shall be wntten on an "occurrence" basis The insurance requirements shall remain in effuct throughout the i~ m of this Contract F 2 1. Worker's Compensation as reqmred by law, Employers Liability Insurance of not less than $100,000 00 00 for each accident, $100,000 00 dlsense-each employee, $$00,000 00 dlsease-pohcy limit F 2 2 Commercial General Liability Insurance - $1,000,000 00 Limit F 2 3 All policies are to be written through compames duly approved to transact that class of insurance m the State of Texas F 2 4 Insurance is to be placed vath carriers with a Best rating of A VII or better F 2 5 CRW hereby waives subrogation rights for loss or damage to the extent same are covered by ~nsurance Insurers shall have no right of recovery or subrogatton against CLIENT, it being the mtent~on that the insurance policies shall protect all parties to the Contract and be primary coverage for all losses covered by the pohcles F 2 5 Companies ~ssmng the insurance pohcies and CRW shall have no recourse against CLIENT for payment of any premiums or assessments for any deductible, as all such premiums and deductibles are the sole responsibility and risk of CRW F 2 7 Approval, disapproval or failure to act by CLIENT regarding any insurance supplied by CRW (or any subcontractors) shall not relieve CRW of full responsibility or habflity for damages and accidents as set forth m the Contract documents Neither shall the insolvency or dental of habfllty by the ~nsurance company exonerate CRW from hablhty F.3. PROOF OF INSURANCE Upon request by CLIENT, CRW shall deliver to CLIENT a Cemficate of Insurance for Items C 2 and C 3 above as proof that said insurance vail remmn in full force throughout the term of this Agreement Upon request by CLIENT, CLIENT, Its officers and agents, shall be endorsed as an additional insured under CRW's General Liability Insurance CRW vall not modify or cancel ~ts General Liability Insurance without written notification and approval from the CLIENT G. TERMINATION G 1 TERMINATION OF AGREEMENT G 1 l This Agreement may be terminated by CLIENT at any t~me, vath or vathout cause, upon written not~ce to CRW Notwithstanding the date of such notice, termination shall be effecuve upon receipt by CRW CLIENT CRW ~ 5 of such nonce oftermmatlan In the event of termination by CLIENT, CLIENT shall pay CRW for all services and materials prowded to CLIENT pursuant to this Agreement up to and mcluthng the date of receipt by CRW of not~ce of termination G I 2 In the event CLIENT terminates this contract, the CLIENT agrees to immediately return all source code or other materials provided to CLIENT by CRW, and to destroy, erase, and purge all software prowded by CRW from any and all CLIENT computers G 1 3 Within 30 days of termination CLIENT agrees to provide CRW with written confirmation that all CRW software has been destroyed Within lta sole dmcretion, and upon reasonable not~ce to CLIENT, CRW shall have the right to verify that CRW software has m fact been removed or destroyed by personal inspection of CLIENT computers G 1 4 Any use by CLIENT of any CRW software aider termination of this agreement by CLIENT without the express written authonzatlon of CRW shall be a breach of this agreement and subject CLIENT to substantial damages H. OWNERSHIP OF DOCUMENTS H 1 OWNERSHIP OF I)OCUMENTS H 1 1 All plans, specifications, reports, and other design documents prepared by CRW pursuant to this Agreement shall become property of CLIENT only after completion of the Project H 1 2 All source code for computer programs or modifications to programs, which are produced pursuant to this Agreement shall be deemed, and remain, the intellectual property of CRW and are protected under the copyright, patent, or other laws, of the United States as well as other j urlsdlctions where such programs are being used H 1 3 CLIENT agrees to respect CRW's purported ownership of any such proprietary rights which may exist, including patent, copyright, trade secret, trademark and other proprtetary rights, in and to Software and any corrections, bug fixes, enhancements, updates or other modifications, including custom modifications, to Software, whether made by CRW or any third party Under no circumstances shall CLIENT sell, license, publish, display, dlstrthute or otherwise transfer to a third party Software or any copy thereof, in whole or ~n part, without CRW's prlor w~tten consent H 2 SOURCE CODE ESCROW H 2 1 CRW shall deposit tnto a software escrow account, as descrthed below, a copy of the latest source code for the software being installed by CRW pursuant to this Agreement H 2 2 The escrow account will be at uny bank or legal office chosen by CRW CRW will deliver the source code on floppy diskette to the bank or legal office for escrow, and CRW will provide updated source code to the bank or legal office semi-annually (or as long as the CLIENT maintains technical support) H 2 3 CRW will pay the entire cost of this source code escrow account H 2 4 In the event that CRW ceases to do business or ceases to offer or provide support for the software it has provided to CLIENT pursuant to this Agreement, CLIENT will have the right to access and use the source code CLIENT CRW ~ 6 H 2 4 Iftha contract ts terminated for any reason, or for no reason, by any party prior to project completion, then all source code shall be rel~nod unopened and unused to CRW by the escrow agent/officer upon written rcqnest by CRW to such escrow agent/officer w~th a copy of any notice of termmatien Such written reqnest w~th not,ce of termination dehverod to the escrow agent/officer shall be sufficient to relieve smd escrow agent/officer from any claims, causes of action, or habflity of any kind and to any party for release and return of the source code to CRW I. COMMUNICATION THROUGH CLIENT / CRW DESIGNATED REPRESENTATIVES: All communication relating to project status shall be exchanged between a designated representative of the CLIENT and a designated representative of CRW as identified below I l. DESIGNATED CONTRACT REPRESENTATIVES: I 1 1 The designated representative of CLIENT and CRW Associates is as follows CLIENT CRW Mr Greg Mitchell Christopher R Wuerz, P E Building Official President, CRW Systems, Inc, d b a CRW City of Denton Associates 221 N Elm St 16980 Via Tazon, Suite 320 Denton, TX 76201 San Diego, CA 92127 Phone (940) 349-8361 Phone (858)451-3030 Facsimile (940) 349-7208 Facsimile (858) 451-3870 emafl GTeg Mltchell~cltyofdenton eom email chns@erwassoc corn I I 2 If the designated representative or address of either party changes dunng the term of this Agreement, a written notice shall be given to the other party prior to the effective date of change 1 2 DESIGNATED SYSTEM ADMINISTRATOR: 1 2 I The CLIENT Representative shall identify and designate a System Administrator All communlcataon related to day-to-day operations of the system, including system maintenance, systems problems and/or troubleshooting, shall be made to CRW only through either thc designated representative of CLIENT as identified in I I 1 above, or the System Admmistrator as identified below 12 2 The System Administrator shall participate in all training sessions conducted by CRW as required by this Agreement, and shall become fully knowledgeable and competent to use all aspects of the system software (It is highly recommended that the designated System Adm~mstrator be someone vath experience and competence vath personal computers ) 1 2 2 The System Admlmstrator for CLIENT is designated as follows Mr Alex Pettlt Manager of Infonnatton Systems City of Denton 221 N Elm St CLIENT CRW ~ 7 Denton, TX 76201 Phone (940) 349-8595 Emafl Alex Petttt~cityofdenton eom 1 3 One Chent Representative and One System Adm~mstrator There shall bo only one CLIENT representative and one System Administrator at any one time However, CLIENT may at any t~me designate a new representative or system administrator upon written notice to CRW J. MISCELLANEOUS GENERAL PROVISIONS J.1. LICENSES CRW shall maintain all business hcenses as may be required by law J.2 STATUS O1~ CRW AS CONSULTANT Throughout the term of this Agreement, CRW, its employees, subcontractors, consultants, and agents shall be considered as an independent contractor(s) Nothing in this Agreement shall be interpreted to Imply an employee-employer relatlonshxp between CLIENT and CRW J 3 MEDIATION OF DISPUTES: Both CRW and CLIENT agree to participate m good faith in non-b~nd~ng mcdmt~on of any dispute or clmm, which remains unresolved after informal discussions Both CRW and CLIENT shall negotiate m good froth to select a qualified mediator J 4 ATTORNEY*S FEES: In the event that any legal proceeding ~s ~nstltuted by either CRW or CLIENT to enforce thc terms of this Agreement or,to determine the rights of CRW or CLIENT, the prevailing party m said legal proceeding shall be entitled to recover its reasonable costs and attorney's fees J.5 APPLICABLE LAW: Th~s Agreement, its interpretation end all work performed thereunder shall be governed by the laws of the State of Texas. Venue for the enforcement of th~s agreement shall he exclusively in the D~stnct Courts of Denton County, Texas, or the United States District Court for the Eastern D~stnct of Texas, Sherman Division J 6 BINDING ON SUCCESSORS: All the terms, prowslons and conditions of this Agreement shall be binding upon and inure to the benefit of the part,es hereto and their respective successors, assigns and legal representatives J.7. DUE AUTHORITY: CLIENT represents and w~ts that the person executing thru Agreement on behalf of CLIENT is an agent of CLIENT and has full and complete authority to execute this Agreement and enter Into the terms and CLIENT__ CRW~ 8 covenants provided herein, and has been designated by CLIENT to execute this Agreement on behalf of CLIENT J.8. WARRANTY OF TITLE CRW warrants that it has good title and all proprietary rights to the Software to enable it to hcense tts use to CLIENT free of any proprietary rights of any other party or any other encumbrance J.9. APPLICATION SOFTWARE WARRANTY CRW warrants that ~ts Software will perform m the manner described tn the Contract documents and any other written user documentation for the varslon mstalled Thts Warranty shall commence upon date of acceptance by CLIENT as defined by Exh~btt E attached hereto J.10 SPECIAL YEAR 2000 WARRANTY CRW warrants that each sot~are and fn-mware product dahvered under the contract shall be able to accurately process date data (including, but not hmtted to, calculating, companng, and sequencmg) from, ~nto, and between the twentieth and twenty-first centuries, including leap year calculattons, when used m accordance w~th the product documentation provided by CRW, provided that all other interfaces (e g, hardware, soi~cware, firmware) used m combination wtth such product properly exchange date data wtth tt Thts warranty shall apply to CRW's products as a system The duratton of thts warranty and the remedtes available to the CLIENT for breach of th~s warranty shall be as defined ~n, and subject to, the terms and hmttattons of CRW's standard commereml warranty or warrant~es contained tn the contract(s), prowded that, notwtthatandmg any prows~on to the contrary m such commerctal warranty or warranttes, thc remedtes available to the CLIENT under thts warranty shall tnclude repair or replacement of any CRW -supphed product whose non-comphance ~s d~scovered and made known to CRW tn wrmng Nothing ~n thts warranty shall be construed to hmlt any rights or remedies the CLIENT may other~v~s¢ have under the contract w~th respect to defects other than Year 2000 performance J.8 ENTIRE AGREEMENT Th~s Agreement contains thc enttre understandtng and agreement between CRW and CLIENT Any prior agreements, promises, proposals, negoUaUons or representations--oral or written--not expressly set forth herein shall be of no force or effect Th~s Agreement may be modtfied or amended only by written agreement stgned by both CRW and the CLIENT CLIENT CRW ~ 9 CLIENT CRW ASSOCIATES Dated Dated By By ~ Christopher R W~erz, Pres~d~t President, CRW Systems, Inc d b a CRW Assoemtes ATTEST Agency Clerk APPROVED AS TO FORM (CLIENT attorney) CLIENT CRW ~'~ 10 EXHIBIT "A" SCHEDULE OF WORK Task Item. Projected Target Date 1 Initial software delivery. Upon CLIENT approval of contract and signature of all (Date) documents by CRW and CLIENT, CRW delivers standard version of proposed Licensed Software Product on CD computer media CRW begins to modify software product to meet contract commitments and customize screen displays and reports to meet CLIENT requLrements 2 Project klck-offmeetlag CRW rewews project timetable and training schedule with Wk of CLIENT Computer Serwces and Community Development Dept personnel CRW adjusts schedule as requtred CRW installs standard soft, rare with demonstration database for lmt~ai testing by CLIENT CLIENT prowdes copy of existing data to CRW for preliminary conversion 3 Complete Software Delivery. CRW delivers and installs modified Licensed Wk of Software Product CRW installs converted data for CLIENT review and testing CRW demonstrates that software conforms to proposal specifications and additional commitments CLIENT begins testing completed soP:ware using converted data 3A SQL Server Database Configuration. CLIENT configures SQL-Server database, and installs data table structures CRW assists CLIENT with database configuration 4 Initial Training. CRW trains System Admlmstrators and Users CLIENT tests Wk of system and verifies that it performs as specified and is ready for use CRW corrects defects as necessary 5 Data Delivery. Upon successful test results, CLIENT delivers complete existing Wk of histormal data to CRW for final conversion 6 Pre-production Training CRW trains Front Counter staff CLIENT begins to use Wk of system for customer serwce CRW assists CLIENT staffwith initial operation 7 Supplementary Training. CRW additional department staff, and prowdes Wk of supplementary mumng as needed Review and usage of system by staff Implement changes as needed 8 Final Training CRW trains Inspectors and additional as needed Wk of 9 Final system acceptance by CLW,,NT. CLIENT completes Acceptance Testing, and (Date) certifies Permit System delivered as specified and proposed CRW corrects defects as warranted Target dates on this schedule are intended to reflect projected completmn dates for the respective nulestone, not contractual date deadlines CLIENT CRW. ~ 11 SOFTW.~I~v. MAINTENANCE. UPDATE AND PROBLEM RESOLUTION CRW Assoctates will provide 1 Tel~phola~ Sunoort (first mnetv days after lnstallatlon~ We encourage the CLIENT to contact us by phone to resolve high-pnonty issues or urgent problems We maintain a log of all technical support questions lmt~ated by the client, and we record these calls in 15-minute intervals Dunng the first ninety (90) days after final acceptance (as outlined m Exhibit F), of the software, there is no charge for ttus sconce 2 Technical Sunoort Account (cantm!lOUS startln~ nmeW days after lnstallation} We reqmre the CLIENT to inmate this TSA vath a payment nfs 500 We maintain a log of all techmcal support questmns mmated by the client, and we record these calls in 15-minute intervals The charge for these calls will be deducted from this account at the rate of $15 per 15-minute increment for technical support when support request is lmtiatcd by the Client Charges will not be deducted from flus account if techmcal support call results in a diagnosed program error 2 Response to written oroblem reoorts For lower pnonty Issues and quest~uns, we provide a faxqn, c-mad or mad-m problem report We encourage the CLIENT to submit these reports at any time Our policy ~s to acknowledge receipt of all reports within 2 days vath a telephone call to thc client, and to provide a resolution to the problem within 10 days 3 Monthly telephone follow-un call from CRW We will contact the CLIENT by phone at least once per month to check up on system performance, unanswered questions, etc This monthly contact will be at no addmunal charge to the CLIENT 4 All software un,fades, modifications We will provide the CLIENT with all software upgrades and modifications These new versions will be transferred to the client via diskette 0f requested, limited to one update per month) or via modem through the Internet (unhm~ted number of updates) It is anticipated that at least one software upgrade per month will be provided CLIENT CRW ~ 12 SUMMARY OF PROJECT FEE Item 1 Software $ 37,000 Item la Bus~ncss License Software $ 7,500 Item lb Installation and Training $ 58,500 Item lc Technical Support No Charge for first sm months Item 2 Annual Maintenance $ 13,350/yr (Covers first yr after 6 months) Item 3 Telephone Tech Support Billable after first 90 days Rate = see notes Item 4 Database Development $ 7,500 Item 5 UNIX Database Interface $ 7,500 Item 6 Database Conversion $ 7,500 Item 7 Field Inspection Software X 12 $ 12,000 Item 7a Annual Maintenance for Item 7 $ 3,600 Item 8 IVR Interface $ 7,500 Item 9 Interact Interface $ 7,500 Item 10 Time Clock Module $ 7,500 Item 10GIS Interface $ 7,500 Item 11 Address/Parcel Update Interface $ 5,000 Item 12 Implementatton $ 24,600 Total Contract Price: $ 214,050 Item 13 Estmlated Travel Costs $ 9,000 · Travel expenses are not included m the contract price All travel related costs (travel time, airfare, lodging, car rental and meals) wdl be billed as they are incurred CRW provides the esomated travel cost below as a 'per dram' nmxunum for travel occurnng during the lb'st six (6) months after contract execution · Travel time = 8 hours per person per hip ~ $ 65 / hour · Atrfare = $ 750 round hip per person (based on mmunum two-week advance booking) · Lodging = $100 per mght per person · Ca/rental = $ 75 per day · Meals = $ 45 per day per person P TS HED E Percentage Amount Dee Upon Date Due 20% $ 42,810 Upon contract exccutmn TBD 20% $ 42,810 45 days after contract execution TBD 20% $ 42,810 90 days after contract execution TBD 20°/$ $ 42,810 Upon system acceptance* TBD 20% $ 42,810 30 days after system acceptance TBD Total: $ 214,050 *System acceptance ts defined m Exhibit "E" Upon completion of the System Acceptance tests, or upon commencement of productive use of the software for creating and msumg permit records, and collecting fees from the general pubhc, System Acceptance will be deemed completed and satisfactory CLIENT CRW_ff~ 13 SOFTWARE LICENSE AGREEMENT This License Agreement for the use of "Community Development Software" (Software) developed and marketed by CRW Associates is granted to CLIENT by CRW Associates (Developer) as of this date SUMMARY OF LICENSE TERMS I Software is marketed by Developer under the titles of"Permlt Trak", "Code Trak" and "Project Trak" 2 Software prowded to the Client under this License allows the CLIENT the use, not own, the software 3 Software is provided to the Client as a mult~-user, concurrent access license The designated number of concurrent users for this license is 30 Client is permitted to install Software on any and all workstations owned or controlled by the Chent Software vnll allow a designated number of concurrent users to access the databases maintained by Software Users attempting to access the system databases with Software after the designated number of concurrent users is logged on will be prohibited from logging on 4 This software may not be sub-hcensed, re-sold, transferred or otherwise distributed by the Client to any other person, company or orgamzatlon without the written authorization of the Developer $ This Software, lneluchng any and all modifications, upgrades and bug fixes, is protected by the copyright laws of the Umted States and International anpynght treaties Unauthorized copying of the Software, including software that has been modified, merged or included with the Software, or thc assocmtcd written materials (the'"Documentat~on") is expressly forbidden You may not remove, obscure, or alter any notice of patent, copyright, trademarks, trade secret or other proprietary rights In the Software The Title, ownership rights, and intellectual property rights in and to this Software shall remain in the Developer 6 The Developer has made reasonable cheeks of the Software to confirm that it will perform in normal use on compatible equipment substantially as descnbed m the specifications for the Software However, due to the inherent nature of computer software, neither the Developer nor any individuals involved in the development or installation of the Sothvare warrant that the Software or the Documentation is completely error free, will operate without interruption, is compatible with all equipment and software configurations, or will otherwise meet your needs 7 Neither thc Developer nor any of the panple or companies involved m providing this hcense to the Chent may be held liable for any incidental or consequential damages caused by failures or faults of the software or its functions 8 The Developers sole responsiblhtles with respect to error corrections will be to correct any defects or errors in the Software or its functions, which are brought to the attention of the Developer by the Chent 9 This License Agreement will remain in effect until Client returns Software to Developer, or until Software is destroyed by client Agreed by Client Date CLIENT CRW ~ 14 SYSTEM ACCEPTANCE and PROJECT SIGN-OFF 1 CLIENT shall commence System Acceptance tests upon written notification from CRW that system software and database conversion has been installed and is ready for System Acceptance testing Testing shall be conducted at CLIENT site, using CLIENT computer hardware CLIENT staff will conduct all System Acceptance Testing 2 CLIENT shall be allowed a penod of thll~ (30) day8 for System Acceptance Testing, begmnmg from the date of notification as provided in 1 above, and continuing, and completed, as provided in paragraphs 3 and 4 below CLIENT shall immediately advise CRW, m writing, of any error, or perceived error, d~scovered at any time dunng the testing penod 3 Upon dehvery of written notification from CLIENT to CRW that a system software or database conversion error, or other problem, has occurred, CRW shall have ten (10) business days to address and correct such error so as to render the system operable CRW shall provide whiten notice to CLIENT that the error has been corrected Dunng the t~me period between notification of any error until to such time that CRW advises CLIENT of correction of such error the thirty (30) day System Acceptance test period shall be suspended The thirty (30) day System Acceptance test period shall resume notice by CRW that the previously noticed errors have been corrected 4 CRW shall provide wntten notice to CLIENT when the 30 day System Acceptance test period has expired Thereafter, CLIENT shall have five (5) business days to provide CRW with written notice of any remaining errors or problems ACCEPTANCE SHALL BE DEEMED TO HAVE OCCURRED AT THE LATEST OF THE FOLLOWING DATES (a) THE DATE WRiTtEN NOTICE IS PROVIDED BY CRW TO CLIENT THAT THE FINAL PROBLEMS IDENTIFIED BY CLIENT PURSUANT TO THIS SECTION HAVE BEEN CORRECTED, OR (b) THE DATE OF NOTICE BY CRW TO CLIENT INDICATING THAT THE ACCEPTANCE TESTING PERIOD HAS EXPIRED 5 CLIENT may begin using the software for productive use following completion of the System Acceptance tests "Productive Use" shall include the issuance of bmldmg permits, mspectmns and fee collection from the general public CLIENT may not begin to use the software for productive use prior to completion of the System Acceptance tests If CLIENT begins using software for productive use prior to completion of the System Acceptance test, then the system acceptance test will be deemed completed and satisfactory CLIENT CRW~.//V 15 Aoenda No. Agenda Item Date AGENDA INFORMATION SHEET AGENDA DATE June 6, 2000 DEPARTMENT Electric Utilities Fiber Optics ACM Howard Martin, 349-8232 ~ SUBJECT. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DENTON COUNTY, TEXAS FOR THE CONSTRUCTION AND IMPLEMENTATION OF A WIDE AREA NETWORK, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE BACKG_R__OUND Denton Municipal Electric has excess fiber capacity available whmh Denton County w~shes to lease m order to ~mplement a Wide Area Lan mterconnect~on of County Famht~es OPTIONS 1 The authorization of the lease agreement between the C~ty of Denton, Texas and Denton County, Texas 2 The denial of the lease between the City of Denton, Texas and Denton County, Texas RECOMMENDATIONS Staff recommends authorization as presented m the Interlocal Agreement ESTIMATED SCHEDULE OF PROJECT Construction can beg~n w~thln ten days of project approval Project completion w~th~n twenty- one working days PRIOR ACTION/REVIEW (Council, Boards~ Commission) Pubhc Utlht~es Board rewewed the lease agreement on June 5th, 2000 FISCAL ,INFORMATION' The five-year lease will generate $234, 810 in revenue (See ExhtbttA) The estimated construction cost is $85,000 BID INFORMATION Not Applicable MAP (See Exhibit B) Respectfully submitted Sharon Mays Director of Electric Utilities ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DENTON COUNTY, TEXAS FOR THE CONSTRUCTION AND EViPLEMENTATION OF A WIDE AREA NETWORK, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the Mayor, or m her absence the Mayor Pro Tern, m hereby authonzed to execute, on behalf of the City, an Interlocal Cooperation Agreement between the City of Denton, Texas and Denton County, Texas for the construction and implementation of a wide area network involving the City's fiber optic network, substantially m accordance with the Interlocal Cooperation Agreement which is attached hereto and incorporated by reference herein SECTION 2 That the expenditure of funds as set forth in the Inteflocal Cooperation Agreement ~s hereby authorized SECTION 3 That tNs ordinance shall become effective immediately upon ~ts passage and approval PASSED AND APPROVED tlus the .day of ., 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By ?~ ~ ~ S \Our Documents\Ordmanees~O0~Interlocal Agrmt - F~ber Denton County doc STATE OF TEXAS § COUNTY OF DENTON § INTERLOCAL COOPERATION AGREEMENT THIS AGREEMENT ~s made and entered tnto by and between the CITY OF DENTON, TEXAS, a Texas Municipal Corporation (hereinafter "CITY") and DENTON COUNTY, TEXAS (heremaftel "COUNTY") each organized and existing under the laws of the State of Texas, acting by and tlu:ough and under the authority of thetr respective governing bodies and officials, and WHEREAS, the CITY and COUNTY are local governmental entit~es organtzed under the laws of the State of Texas, and both of whom have the authority to perform the servmes set forth in ttus Agreement m&vldually, and who mutually desire to enter into an ~nterlocal cooperation agreement, as provided for m Chapter 791 of the Texas Government Code (Vernon 1994) m order to maximize the benefits to the c~t~zens of the CITY and the COUNTY to be derived from each taxpayer dollar expended, and WHEREAS, the CITY has heretofore constructed a fiber optic system operated by Denton Municipal Electric ("DME") m order to provide a dependable, secure, and cost- effective commuracations path for the monitoring and protection of its electric utility system, which fiber optic system is m place and operational, and covers nearly all of the City of Denton, and WHEREAS, there exists a limited amount of excess capacity on the C~ty's fiber optic system, and the COUNTY has not heretofore constructed any fiber optm system of its own in order to ~nterconnect some or all of the COUNTY's faclht~es, largely due to the cost 0f constructing such a system The COUNTY, in order to Improve the County's data and information services, desires to lease excess fiber optic capacity from the CITY's system for use in ~ts computer network, for the purpose of interconnecting the COUNTY's faclht~es on a fiber optic system which the County believes will prowde for the improved efficient exchange of data, and WHEREAS, the CITY and COUNTY desire to pool their resources, to avoid unnecessary or duphcltous expense, and to take mutual advantage of maxlmlzmg economies of scale, resulting in cost savings to their respective taxpayers, and WHEREAS, the CITY is willing to lease excess fiber optic system capacity to and construct a Wide Area Network ("WAN") for use by the COUNTY, utlhmng that fiber optic cable provided by and installed by the CITY as provided m this Interlocal Cool~eratmn Agreement The CITY and COUNTY by this Interlocal Cooperation Agreement (the "Agreement") express then mutual understanding that the relauonsh~p to be created by implementation of this Agleement ts that of two local govermmental ent~t~es sharing a telecommunications network, and WHEREAS, thele ts a valid goveinmental purpose served by this Agreement by the CITY and COUNTY to piovlde high technology communications capability for the COUNTY in order that COUNTY may interconnect its facilities to provide enhanced services to the residents of the COUNTY, as well as to the COUNTY's governmental support and admlmstratlve functions, and WHEREAS, the CITY and COUNTY aglee that all payments made in connection with governmental functions provided fol by this Agreement shall be made from current revenues available to the paying party in accordance with the provisions vath the provisions of Section 791 0II(d)(3) ot the Texas Government Code and that the payments received are adequate and fanly compensate the performing party for the services or tunctlons performed, in accoidance with the provisions of Section 791 01 l(e) of the Texas Government Code and WHEREAS, the Interlocal Cooperation Act, now contmned in Chapter 791 of the Texas Government Code (Velnon 1994), authorizes the CITY and the COUNTY to enter into th~s Agreement for the purpose of achieving the governmental functions and providing the services represented by this collective, cooperative undertalang NOW THEREFORE, the CITY and COUNTY, for and in consideration of the premises and the mutual covenants set forth in this Interlocal Cooperation Agreement, and pursuant to the authority granted by the governing bodies of each of the parties hereto, in accordance with Section 791 01 l(d)(1) of the Texas Government Code, do hereby AGREE as follows ARTICLE I INCORPORATION OF PREAMBLES The preamble to this Agreement is lncorpoiated into this Agreement and the recitations contamed therein are found and determined to be tree and correct ARTICLE II SCOPE OF AGREEMENT A COUNTY intends to implement its WAN utihz~ng leased fiber optic cable owned by and provided by the CITY The COUNTY will own and provide all of the electromc equipment needed to implement its WAN at its sole cost and expense B Option I The WAN, as reierred to in this Agreement, consists of a Collapsed Backbone network, which incorporates seven (7) specific COUNTY sites centered on the Denton Courts Braiding, 1450 E McKnmey Dedicated fiber pairs are to emanate from the Denton Courts Building 1450 E McKinney (the "Hub Facility") to 1) Denton Goverrmaent Center, 306 N Loop 288 2) Comaty Annex Building, 301 E McKlnney St 3) Courthouse-on- The- Square 110 W Hickory St 2 4) The Joseph A Carroll Building 401 W Hickory St Pairs of fibers ale to be made available for extending the network as follows 1) From the Denton Goveinment Center, 306 N Loop 288 to the Department of Public Safety 820 N Loop 288 2) From the County Annex Building, 301 E McKinney Street to the Denton Tax Office, 300 E McKmney C OpUon II The WAN, as referred to m this Agieement consists of a Distributed Backbone network centered on the County Courts Buil&ng, 1450 E McK~nney Street Dedicated fiber pairs are to interconnect the COUNTY facilities as follows 1) From the County Courts Building, 1450 E McKtnney to the Denton Government Centei, 306 N Loop 288 2) From the Denton Govetnment Center 306 N Loop 288 to the Department of Public Safety, 820 N Loop 288 3) From the County Courts Build~ng 1450 E McKmney to the County Annex Bmldmg, 301 E McKlrmey 4) From the County Annex Building, 301 E McKmney to the Denton Tax Office, 300 E McK~nney 5) From the County Ampex Building, 300 E McKinney to the Courthouse-On- The-Square, 110 W Hickory 6) From the Courthouse-On-The-Squaie, 110 W Hickory to the Joseph A Carroll Building, 401 W Hickory D The network shall consist of one (1) fiber pair of single-mode fiber optic cable termmaung at points of demarcation at each COUNTY site E The CITY shall furnish at the CITY's own cost and expense, except as otherwise provided herein, all labor, services, and material for the creation, construction, and completion of the network and all additional lines emanating therefrom as provided within this Agleement F The CITY shall f~u:nish at CITY's own cost and expense, except as othervase provided herein all labor, services and material relating to the termination of the fiber optic cabling w~th "ST" style connectors ~nto patch panels at each of the COUNTY sites The exact point of demarcation or placement of the patch panel at each of the COUNTY sites shall be mutually determined by the CITY and COUNTY at a later time~ which deteImination shall be ewdenced by a letter signed by authoi ized representative of the CITY and COUNTY G COUNTY shall fi. irnish at COUNTY's own cost and expense, unless otherwise provided herein, all laboi, services, and material necessary for the ~nstallation and connection of COUNTY's electiomcs equipment (not to include "ST" connectors) to the patch panel at the point ot demaicatton at each of the COUNTY s~tes 3 H COUNTY shall promptly piowde the CITY w~th any additional instructions, by means of dlawlngs m by othel wutten document as the CITY may require in order to be able to pioceed w~th the work as provided for in this Agreement All such drawings and w~men documents shall be consistent with, and reasonably inferable from this Agleement I Denton Municipal ElectllC F~be~ Division will provide maintenance and repmr servme between the hours of 8 00 a m and 5 00 p m Monday through Friday Response time is nolmally 30-m~nutes COUNTY declared emergencies will be answered as requued Maintenance and repair service applies to leased fibers only ARTICLE III TERM OF AGREEMENT This Agreement shall be effective as of the day of ., 2000 and shall continue in force and effect fm a primary term of five (5) years In the event that Section 791 001 (f), or any othel provision of Chapter 791 of the Texas Government Code requires an annual or other period of renewal of this Agreement, then the parties shall be deemed to have elected to renew thls Agreement annually on the anmversary of the effective date of this Agreement unless the parties each elect to terminate this Agreement, as permitted under the provisions of Article IV hereunder ARTICLE IV TERMINATION OF AGREEMENT A The parties agree that neither party may terminate th~s Agreement within the first two (2) years from its effective date B After two (2) years after the effective date of tl~s Agreement, COUNTY may, at its optmn, terminate this Agreement after providing the CITY ninety (90) days advance written notice and paying the termination fee set forth in this subparagraph The teimmatlon fee for Option I shall be $ 78,769 65 in the tbard year of the Agreement The termination fee for Option I shall be $ 64,143 00 m the fourth year of the Agreement The termination fee for Option I shall be $ 0 m the fifth year of this Agreement The Termination Fee for Option II shall be $ 69,247 65 in the third yeal of the Agreement The termination fee for Option II shall be $ 57,115 22 In the fomth year of the Agreement The termination fee for Option II shall be $ 0 m the fifth year of the Agreement C After two (2) years flom the effective date of this Agreement, CITY may, at its option, terminate this Agleement after providing the COUNTY with one hundred twenty (120) days advance w~ ltten notice D Either party hereto may terminate this Agreement for cause by reason of the other party's material broach m default ~n the performance of this Agreement The party seeking to teimlnate this Agleement under this provision shall provide the 4 defaulting party wlltten notice specifically identifying the breach or default complained of, which notice shall piovlde the defaulting party a period of not less than thirty (30) days tiom the date ot lecelpt of such notice in which to cure such breach or default In the event such breach or default Is not fully cured within the nme period specified then the palty seeking to terminate this Agreement shall provide the defaulting pmty w~th turther written notice expressly specifying that this Agreement will be terminated if the breach or default is not wholly cured within ten (10) days atte~ the receipt of the further written notice by the alleged defaulting party In the event that the detaulung party fails to cure the breach or detault complained of, w~thm the time specified, then th~s Agreement shall be terminated, and the party terminating this Agreement may seek appropriate legal relief E At the time of expiration or termination of this Agreement, the fiber optic WAN between the CITY and COUNTY shall nrane&ately cease, and the CITY shall thereafter remove all tiber optic coimectlons at the COUNTY sites in a careful, prudent manner ARTICLE V CONSIDERATION TO BE PAID BY COUNTY TO THE CITY OF DENTON A COUNTY shall pay to the CITY, beginning on the effective date of tins Agreement a monthly payment of $ 3,913 50 for Collapsed Backbone, or $3,534 00 for Distributed Backbone (contingent upon which of the two options set forth in Article II herelnabove, are selected by the COUNTY) and shall continue to pay such monthly payment anaount to the CITY on the same date of each successive month thereafter, for the primary term of this Agreement, so long as tlus Agreement is in force and effect This monthly payment is primarily based upon the cost for the basic tibet optic cable pmr to each site, together with the ad&tlonal pair from the COUNTY, all as depicted and set forth in Exhibit "A" attached hereto and incorporated herewith by reference B The CITY and COUNTY contemplate that the WAN network provided for in th~s Agreement will be expanded in the foreseeable future as the number of COUNTY facflltles increase Accordingly, the CITY and COUNTY desire to provide for such eventuality and aglee that any new COUNTY facility may be added to the WAN network for a tetra which does not exceed the initial two (2) year term of this Agreement at a late ot$ 495 00 per month, per new facility The parties further agree that any such new COUNTY facility shall obtain its electric power and service from Denton Mumctpal Electric as long as the COUNTY facility is located within the seivme area of Denton Mumclpal Electric Additmnally, in the event that any such new COUNTY facility to be connected to the WAN is beyond s~x thousand (6,000) feet from the COUNTY core facility ("core famhty") located at 1450 East McKlnney Stleet then the monthly rate for such new COUNTY facility shall be increased by an amount equaling $ 07 per linear foot per month for each foot which the new COUNTY facility exceeds the &stance of s~x thousand (6,000) feet tlom the core facility ARTICLE VI OPTION TO RENEW AGREEMENT A The CITY hereby g~ants to COUNTY an option to renew tins Agreement for five (5) addmonal successtve one (1) yeai renewal terms, following expiration of the primary five (5) year term upon the same terms and condmons as this Agreement, except as to the amount of consideration to be paid by COUNTY to the CITY The amount of cons~dexaUon to be pard by COUNTY to the CITY for each such successive one (1) yeai lenewal telm shall be determined by apply,ng an appropriate tecogmzed Consumer Price Index respecting the telecommumcatiorgutflay mdusny to the monthly payment consideration payable to the CITY over tins Agreement's initial five (5) year term B COUNTY, In order to exercise the option to renew the agreement contained m tins Article, must not be m default of any material term of this Agreement, and must, befoie the expiration of the primary five (5) year term of tins Agreement, provide the CITY with not less than one hundred twenty (120) days advance written notme of its tntent to exercise the first one (1) year option to renew, and thereafter, before explratmn of the each successtve one (1) year renewal term of tins Agreement, provide the CITY with not less than one hundred twenty (120) days advance written notice of its xntent to exercise each one (1) year extension following the primary telm of this Agreement, and the COUNTY shall enter mto an appropriate written agreement w~th the CITY effectlng renewal of this Agreement ARTICLE VII COMPLETION OF CONNECTION TO WAN/SUPERVISION The CITY may utthze such persons as may be necessary to act as inspectors or agents for the purpose of supelvlsmg, in the interest of the CITY, the materials furnished and the work done by COUNTY as consU-uctmn of the project proceeds ARTICLE VIII ACCEPTANCE OF THE CONNECTIONS/WAN BY COUNTY The CITY agrees to submit to COUNTY sufficient test data respectxng all aspects of the cormectmn (WAN and additional hnes) tn order to estabhsh satisfactory performance prior to utlhzation of the connections and acceptance by COUNTY Once any such requested testing is complete and the COUNTY reasonably approves the test results, COUNTY's acceptance of the WAN ts complete Acceptable test results will be defined as follows An Optical Time Domain Reflectol ("OTDR') shot must be provided for each mdtvldual fiber strand (end-to-end) and the lesults must be a level of performance that adheres to generally accepted industry specfficauons ARTICLE IX USE OF PROPRIETARY INFORMATION All data exchanged between CITY and COUNTY in connection vath this Agreement or in utlhzatton of the WAN, ~luch is ~dent~fied as proprietary information, shall be safeguarded by CITY and COUNTY to the same extent as the CITY or COUNTY safeguards like information relating to the CITY's or COUNTY's own business If, however, such data ts publicly avadable undei the Public Information Act (Chapter 552 of the Texas Government Code) Ol othei applicable laws, is already tn either party's possession or known to either party o~ was rightfully obtained by either party from tlurd parties, neither CITY or COUNTY shall bear any iesponsibihty for ~ts disclosure of such inforraatlon, inadvertent or otherwise CITY acknowledges that ceitain data is peculiar to COUNTY and which contains personally identifiable information CITY agrees that in the event that such data comes into CITY's possession that CITY shall not disclose to any tndlvIdual or entity any personally identifiable infounation of COUNTY, unless the CITY IS required to disclose this information as a result oi an O~del issued by a Court of competent junsdmtlon ARTICLE X OWNERSHIP AND CONTROL OF PROPERTY A The CITY shall own and maintain all fiber optic cables that terminate at the points of demarcation at each COUNTY site B COUNTY shall own and mmntaln all electronic equipment located at each COUNTY site C COUNTY shall have the right to utilize the leased fiber optic cables comprising the WAN, so long as this Agleement is in force and effect COUNTY agrees that ~t vail not sell, lease, alienate, Ol otherwise assign bandvadth to any other party ARTICLE XI RESPONSIBILITY FOR MAINTENANCE The COUNTY shall be solely responsible to determine the location of any problem within the COUNTY electromcs network and to remedy such problem at COUNTY's sole cost and expense In the event that a problem arises solely within the fiber optic cable (any additional hnes emanating flora the cote) ol connections at any patch panels, COUNTY shall promptly notify the CITY mad the CITY shall resolve the problem in a timely and cost-effiment mannei at the CITY's sole cost and expense ARTICLE XII CITY MAINTANANCE OF FIBER OPTIC CABLE In the event that the CITY determines that it is reasonably necessary to perform maintenance on the fiber optic cable o~ w~thln the CITY's network, then the CITY shall notify COUNTY at least twenty-tom (24) horns in advance, if reasonably possible, of any periods of time the CITY determines is necessary fm CITY's network to be down ARTICLE XIII DISASTER RECOVERY In the event of a d~sconnectlon of the WAN due to a natural disaster, such as a tornado, flood, or other catastrophic event, the CITY will le-estabhsh connections to COUNTY at the earliest reasonable oppoltunity taking nrto account that the safety and welfare of the cxt~zens of Denton shall be the CITY's utmost prlorlty in determination of restoration of service ARTICLE XIV HOLD HARMLESS To the extent allowed by the Const~tutmn and statutes of the State of Texas, and wxthout wmv~ng any lmmumty ox hnutatlon as to habd~ty COUNTY agrees to and shall indemnify and hold harmless the CITY, its officials, officers, agents, employees, or attorneys from and against any and all claims, losses, damages, causes of action, stats, and liabilities of every kind. including all expenses of ht~gatxon, court costs, and attorney's fees, for injury or death of any pexson, or for damages to any property, real, personal, or Intellectual, arising out of or m coimectmn wxth the use, but not the mstallatxon or mmntenance of the fiber optic network the subject of tins Agreement, where the injury or death or damage is caused by the negligence of COLrNTY, its officials, officers, agents employees, ol attorneys, except that the COUNTY assumes no hab~hty for the sole negligent acts of CITY, its officmls, officers, agents, employees, or attorneys To the extent allowed by the Constitution and statutes of the State of Texas, and vathout wmvlng any unmumty or hmltatlon to hablhty, the CITY agrees to and shall ~ndemmfy and hold harmless COUNTY, its officials, office~s, agents, employees, or attorneys from and agmnst any and all clmms, losses damages, causes of actxon, suits, and hab~htxes of every kxnd, including all expenses of litigation court costs, and attorney's fees, for xnjury or death of any person, or fox damages to any property, real, personal, or xntellectual, arising out of or in connectmn with the lnstallatmn or mmntenance, but not the use, of the fiber optm network the subject of the Agxeement, where the injury or death or damage is caused by the negligence of CITY, its offic,als, officers, agents, employees, or attorneys ARTICLE XV ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties hereto may agree to settle any d~sputes under thxs Agreement by submitting thexr dispute to mbltratxon m othex means of alternate dxspute resolution such as medlataon No arbxtratxon or other alternate d~spute resolution arising out of or relating to, this Agreement xnvolwng one pmty's dxsagieement may xnclude the other party to the dxsagreement wxthout the other's approval 8 ARTICLE XVI ASSIGNABILITY COLrNTY shall not assign any interest m this Agreement and shall not transfer any Interest in this Agreement (whether by assignment novation or otherwise) without the prior written consent ol the CITY which consent shall not be unreasonably withheld CITY shall not assign any mtelest In this Agleement mad shall not transfer any interest In this Agreement (whether by assignment novation or otherwise) without the prior written consent of COUNTY which cousent shall not be unreasonably withheld ARTICLE XV[I NOTICE Any notice given by one party to the other in connection vath this Agreement shall be in writing and shall be by personal dehvely, sent by registered mall or certified mall, or by U S Mall, return receipt requested postage prepaid, or by facsimile transmission actually received, to CITY M~chael W Jez City Manager City of Denton, Texas 215 East McKumey Denton, Texas 76201 Fax (940) 349-8596 COUNTY Office of the County Judge 110 West Hickory Denton, Texas 76201 Fax (940) 382-1363 Notme shall be deemed to have been received on the date of receipt as shown on the return receipt or other written evidence of lece~pt ARTICLE XVIII MODIFICATION No waiver or modification of this Agleement or of m~y covenant, condition, hmltation herein contained shall be vahd unless in writing and duly executed by the party to be charged therewith No evidence oi any waiver or mod~ficatmn shall be offered or received in evidence tn any proceeding arising between the parties hereto out of or affecting this Agreement, or the llghts Ol obligations of the parties hereunder, unless such waiver or modification is tn witting duly executed The parties further agree that the provlsmns of this Article will not be waived unless as herein set forth ARTICLE XIX SAVINGS In the event that any one or mote of the plovtstons hereof concerning the subject matter of this Agreement should be held by a cottlt ol admlmstratlve agency of competent 9 jurisdiction to be illegal invalid or unenSrorceable in any respect, the parties agree to make a good faith effolt to tenegotiate another agreed provision to fulfill the purpose and intent of the present Agleement ARTICLE XX GOVERNING LAW AND VENUE This Agreement shall be constiued undei and governed by, and in accordance with the laws of the State of Texas and all obligations of the parties hereto, created by th~s Agreement are performable m Denton £ounty Texas Venue of any suit or cause of action under this Agieement shall lie exclusively in Denton County, Texas ARTICLE XXI ENTIRE AGREEMENT This Agreement mad the exhibits attached thereto, constitutes the entire agreement among the parties hereto with lespect to the subject matter hereof, and supersedes any prior understandings or written or oral agreements between the parties with respect to the subject matter of this Agleement No amendment, modification, cancellation or alteration of the terms of this Agreement shall be binding on any party hereto unless the same IS in writing, dated subsequent to the date hereof, mad is duly authorized and executed by the parties heleto ARTICLE XXII WAIVER OF TERMS AND CONDITIONS The failure of either party to enfol ce ol insist upon compliance w~th any of the terms or conditions of this Agleement shall not constitute a general waver or relmqulshment of any such terms or conditions, but the same shall be and remain at all times m full force and effect ARTICLE XXIII AUTHORITY OF PARTIES This Agreement is made by and entered into by the duly-authorized officials of each respective govemmental entity ARTICLE XXIV CAPTIONS The captions contaned in this Agreement are for informational purposes only and shall not in any way affect the substantive telms or conditions of this Agreement IN WITNESS WHEREOF, the City of Denton Texas has caused this Agreement to be executed in two (2) original countetparts by its duly-authorized and empowered Mayor, and Denton County, Texas has caused this Agreement to be executed by its duly- authorized and empoweled County Judge on this the __ day of 2000, to be effective as of the day of 2000 10 CITY OF DENTON, TEXAS By EUIINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Asmstant ~ty ~ttom~y By Ki & 7,Vi~ ~OON,~O~TY~ D GE ATTEST COUNTY CLE~, DENTON CO~TY TEXAS ~'i~ By ' ~PP~OVS~ ~s TO [EC~ ro~ BRUCE ISAACKS, DISTRICT ATTORNEY A~mnt D~stmct Attmney / ~ XOur Doci~entskContractsX00Xh~terlocal Co op Agorot C ax Cmmt5 F~ber 042400 Draft doc I1 F. XHIBIT "^" EXHIBIT "A" TO INTERLOCAL COOPERATION AGREEMENT CITY OF DENTON I DENTON COUNTY~ TEXAS The bas~s of the monthly payment obligation provided for ~n Article V A of the Interlocal Cooperation Agreement ~s as follows Fiber Rates Monthly Collapsed Hub, Five year term M~ieage Number Minimum one mile per run per fiber pa~r Distances are to the nearest 10 m~le Fiber pa~r alen~ established Ubht¥ R~,qht of Ways Discount Per Mile mdes Extension Retail Rate 0% $230 O0 $0 00 Fully D~scounted Rate (more than 100 m~les) 35% $149 50 $0 00 D~scounted Rate (more than 75 m~les) 25% $172 50 $0 00 Discounted Rate (more than 50 m~les) 15% $195 50 $0 00 Public Schools Rate 35% $149 50 $0 O0 Government Entities 25% $172 50 8 3 $2,863 50 Number Building Presence Charge (Charged on a per Bultdln~ Bas~s) Su~ldings Retail Rate 0% $200 O0 $0 O0 Fully O~scounted Rate (more than 100 miles) 35% $130 00 $0 00 D~scounted Rate (more than 75 miles) 25% $150 O0 $0 O0 D~scounted Rate (m~re than 50 m~les) 15% $170 00 $0 O0 Publm Schools Rate 35% $130 00 $0 O0 Government Enbties 25% $150 00 7 $1,050 00 Total Monthly Rate ' $3,913 50 Fiber New Originating Bulldln~l Termlnat~n~ Bulldlnll Miles Building County Courts Building Denton Government Center 2 2 2 Denton Government Center DPS Office 1 1 County Courts Building County Annex Building 1 1 Denton Tax Office County Annex Bu~td~ng 1 1 County Courts Building Courthouse-on-Square 1 4 1 County Courts Building Joseph A Carroll Building I 7 1 ' 83 7 Totals EXHIBIT Fiber Rates Monthly Distributed Backbone, Five year term M~leage Number Minimum one m~le per run per fiber pair Distances are to the nearest 10 m~le Fiber pair aloncj estabhshed Utility R~,c/ht of Ways Discount Per Mile reties Extension Retml Rate 0% $230 00 $0 00 Fully Discounted Rate (more than 100 m~les) 35% $149 50 $0 00 D~scounted Rate (more than 75 miles) 25% $172 50 $0 O0 D~scounted Rate (more than 50 miles) 15% $195 50 $0 00 Pubhc Schools Rate 35% $149 50 $0 00 Government Ent~tms 25% $172 50 7 2 $2,484 00 Number Bulldln~l Presence Char~le (Char~ed on a per Bulldln~l Basis) Buildings Retail Rate 0% $200 00 $0 00 Fully Discounted Rate (more than 100 m;les) 35% $130 00 $0 00 D~scounted Rate (more than 75 rmles) 25% $150 00 $0 00 D~scounted Rate (more than 50 m~les) 15% $170 00 $0 00 Pubhc Schools Rate 35% $130 00 $0 00 Government EntR~es 25% $150 00 7 $1,050 00 Totat Monthly Rate $3,534 oo F~ber New On~l~nat~n~l Bmld~n~l Termlnatln~l Bmldm~ Miles Budd~n~ls County Courts Braiding Denton Government Center 2 2 2 Denton Government Center DPS Office 1 1 County Courts Butldlng County Annex Building 1 1 Denton Tax Office County Annex Building 1 1 Denton Tax Office Courthouse-on-Square 1 1 Courthouse-on,Square Joseph A Carroll Building 1 I Totals 7 2 7 Agenda Item AGE~A ~O~TION SHEET AGENDA DATE: June 6, 2000 DEPARTMENT: Parks and Recreation Department ~/ ACM: Dave Hill, Assistant City Manager/~/~ SUBJECT: A resolution allowing Jon Jon's Nightclub to be the sole participant allowed to sell alcoholic beverages at the Juneteenth Dance on June 16, 2000, upon the conditions of obtmnmg booth, obtaining hcense and permit, providing general liability insurance, and agreeing to indemnify the city for any liability, authorizing City Manager to execute agreement for the condmons, and providing for an effective date BACKGROUND: The Juneteenth Comunttee, made up of commumty volunteers, has requested permission to sell alcoholic beverages at the Juneteenth Dance, to be held m the Clwc Center on June 16th (Exlubit A) The conumttee ha~ arranged for Jon Jon's Nightclub to provide DJ serwces, food and beverages, and desires Jon Jon's to be the sole proprietor of alcoholic beverages at flus event Jon Jon's wdl be responsible for obtaining all necessary and proper hcenses, permits and authorizations Proceeds from the sales wdl be used to offset police security costs and C~wc Center cleanup charges In ackhtlon to food and beverage sales, an admission fee of $10 md~wdual/$1$ couple wall be charged to cover other costs of the Juneteenth festivities The annual Suneteenth event is a commumty-w~de celebration of Af~can-Amencan heritage, co-sponsored by the C~ty of Denton Parks and Recreation Department Wlule most of the festivities occur m Fred Moore Park and at the Mamn Luther I~ng Jr Center, the dance is introduced as a new feature flus year The dance is scheduled for 10 00pm to 1 00 am on Friday, June 16th OPTIONS: Council opUons include the approval or denial of the resolution (Extubit B) and agreement (Exlubit C) as submitted Council may also opt to mochfy the agreement to include addit~onal or mochfied requirements RECOMMENDATION: Staff recommends approval of the ordinance and agreement as submitted, wluch is consistent voth agreements w~th other co-sponsored events, such as the Denton Arts & Jazz Festival ESTIMATED SCHEDULE OF PROJECT: The Juneteenth Celebration dance is June 16, 2000 The dance is held m the Civic Center from 10.00 p m - I 00 a m The sale of alcohol will be limited to the evening dance event PRIOR ACTION/REVIEW: At thetr May 2~, 2000, meeting the Parks and Recreatiun Board recommended approval of tlus item (Exhibit D) FISCAL INFORMATION: Tins action has no impact on the City's General Fund budget All costs and revenue from this action will be solely the responsibility of the Juneteenth Committee BlD INFORMATION: Not apphcable EXHIBITS: a Request letter b ResoluUon c Agreement d Excepts from Parks Board Minutes of May 25, 2000 Respectfully submitted Ed Hodriey, D~rector~ Parks and Recreat/lofi Department F ~Mmm\City CouncII~AOENDA INFORMATION SHEET Juneteenth Dance 2000 doc PARKS & RECREATION DEPARTMENT 321 E * DENTON, TEXAS 76201 (940) 349-PARK * FAX (940) 349-8384 ~.eeuflve Members Raymond Redmon Chairperson MEMORANDUM Shem blcDade Vice-Chairperson Clmrlye Hegglns DATE May 17, 2000 Parliamaatariaa Tonya D~merson TO Ed Hodney, Director of Parks & Reereataon Secretary Nikol¢ CU~w FROM Tonya Demerson, Secretary Juneteenth Conumttee Tremur~r Ine~ca Lockhan RE REQUEST FOR PLACEMENT ON AGENDA FOR Hiat~riaa ALCOHOL PERMIT Terra Salazar City ofl~nton Liaison Comrnttt~e Membar~ We would hke to be placed on the Park Board agenda for approval to sell alcohol CathenneOell at the Juneteenth dance The dance will be held on Friday, June 16, 2000, at the H~rv~ Bell C~vic Center located at 321 E McKmney ~n Denton, Texas The dance vail be from 10 00 p ra until 1 00 ara Jon JoB's Nightclub vall furmsh DJ serwces, Robb~¢ C, arreu food, and alcohohe beverages (as well as nonalcoholic beverages) Ehhu Gfllcspie Bobby Givens The procoeds from the sale of the aleohohe beverages vail be used to pay security Luctano Gonzales, Sr and cleanup fees associated vath the rental of the C~vie Center Tammy Harrts If you have any quesaons or comments, please contact me at 349-7724 or contact Rosve mil Raymond Redmon, Junet~nth Connmtt~ Clmrperson Carol 14mlde-Kuyk~ldldl Roy Kuykcndall Tharlk you Al Hudson Harold Jackson B~ IOmble Pd'thur C McAd~n$ Ken'y Reynolds Te~t R~nolds Jack~o Sasscr Lany S~r Cleo S~m~-B~rckb~chler Susan Stone Kon W~hm~ton Carl G Young, Sr 3 F, XHIBIT RESOLUTION NO A RESOLUTION ALLO'~NG ION ]ON'S NIGHTCLUB TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE JUNETEENTH CELEBRATION DANCE TO BE HELD AT THE DENTON CIVIC CENTER, UPON THE CONDITIONS OF OBTAININO BOOTH, OBTAINING LICENSE AND PERMIT, PROVIDING GENERAL LIABILITY INSURANCE, AND AGREEING TO INDEIVINIFY THE CITY FOR ANY LIABILITY, AUTHORIZING CITY MANAGER TO EXECUTE AGREEMENT FOR THE CONDITIONS, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Denton ("C~ty") is the owner of the Denton Civic Center and through the Park and RecreaUons Department co-sponsors a Juneteenth Dance Celebration at the Civic Cant~r, WHEREAS, the consumption of alcohohc beverages is allowed m the Civic Canter pursuant to City of Denton Code, §22-32 Co), WHEREAS, The Juneteanth Committee (the "Committee"), made up of commumty volunteers, has requested pemiismon to sell alcoholic beverages at the Juneteanth Dance Celebration and has made arrangemants wth Jun Jon's Nightclub (the "Club") to provide such alcohohc beverage sennces at the event, and WHEREAS, the Committee has requested the Club be the sole pammpant allowed to sell alcoholic beverages at this year's Juneteenth Dance Celebration on June 16, 2000, and WHEREAS, the Parks and Recreation Board has recommanded that the Club be the sole psmmpant allowed to sell alcoholic beverages at the Juneteanth Dance CelebmUon, and WHEREAS, the City agrees w~th the recommandatlon of the Parks and Recreation Board, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES SECTION 1 The Club shall be the sole participant allowed to sell alcohohc beverages at the Juneteenth Dance Celebration on June 16, 2000 at the Civic Center upon the following conchUons: 1 It shall be responsible for rental of any booth space necessary, 2 It shall be responsible for obtmmng the temporary license and penmt for selling alcoholic beverages approved by appropriate state agency, 3 It shall provide the security necessary for the sale of alcohohc beverages, 4 It shall provide ganeral comprehensive habfllty insurance from a responsible carrier, w~th the City as an addmonal insured, tn the amount of $500,000 O0 4 5 It agrees to mdemmfy the City of Denton against any liability incident to the sailing of alcoholic beverages at the Juneteenth Dance CelebraUon SECTION 2 The City Manager ~s authorized to execute the agreement attached as Exlublt "A" and incorporated herem as if copied word for word, settmg out the condmons set forth above vathout further acUon by the City Council SECTION 3 Tins resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED tlus the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY D \Temp~Iuneteealth alcohol sell doc 5 EXHIBIT CMC CENTER AGREEMENT FOR THE JUNETEENTH DANCE CELEBRATION STATE OF TEXAS § COUNTY OF DENTON § Tins Agreement, made thts day of ,2000, by and between the City of Denton, a mumclpal corporation, beremafter referred to as the "C~ty" and John Cathn dba Jon Jon's Night Club, beremat~er referred to as the "Club' WITNESSETH, that m enns~derat]on of the covenants and agreements hereto contatned, the parUas hereto do mutually agree as follows ARTICLE 1 GENERAL The City grants to the Club the exclusive pnxalege to sell beer and wine ("alcohohc beverages"), subject to the exceptions and cond~ttons hereinafter set forth, for the Juneteenth Dance Celebration on June 16, 2000 to be held at the Denton C~wc Center (the "Celebration") Attached hereto as Exhibit "A" ~s a copy of the resolution passed by the C~ty Council of the C~ty anthonzmg this prlwlege wluch IS incorporated hereto as ff copied word for word Tlus pnwlege does not extend beyond the date of the Celebration set for June 16, 2000 ARTICLE 2 SCOPE OF SERVICES The Club tn order to exercise the pnvdege to sell alcohohc beverages must perform the follovang A The Club shall be solely responsible for the rental and payment for any booth space necessary for the sale of alcohohc beverages at the Celebration B The Club shall be solely responmble to obtmn any temporary hcense and permit necessary for the selling of alcohohc beverages at the Celebration C The Club shall be solely responsible for the obtmnmg and paying for any security necessary for their sale of alcohohc beverages at the Celebration The Club's fmlure to do any of the above and to show proper proof of comphance shall waive their right to exercise the privilege of selhng alcohohc beverages at the Celebration ARTICLE 3 LOCAL RULES AND REGULATION The Club agrees to abide by all mumcipal, county, state and federal laws, ordinances, rules and regulations and specifically, w~thout lnmtat~on, the Denton Civic Center Rules and Regulations, to obtain all necessary and proper hcanses, permits and authorizations, and to comply voth the requlremants of any duly authorized person acting m connection therevoth The Club shall,pay all taxes, ~f any, of every nature and description ansmg out of or m any manner connected vnth the sale of alcohohc beverages Thc Club will exercise reasonable care and duc diligence m their sale of alcoholic beverages at the Celebration ARTICLE 4 INDEMNITY AGREEMENT The Club shall indemnify and save and hold harmless the City and its officers, agents, and employees from and agemst any and all liability, claims, demands, losses, and expenses, mcluthng but not lnnlted to, court costs and reasonable attorney fees recurred by the City, and including, vathout hmltaUon, damages for boddy and personal mjury, death and property damage, resulting from the neghgent acts or ormssions of the Club er it officers, shareholders, agents, or employees m the execution, operaUon, or performance of this Agreement Nothing m tins Agreement shall be construed to create a habflity to any person who is not a party to tins Agreement, and nntlung hereto shall waive any of the parties' defenses, both at law or eq~nty, to any clmm, cause of actwn, or htigat~on filed by anyone not a party to ttus Agreement, including the defense of governmental mnnumty, wluch defenses are hereby expressly reserved ARTICLE 5 INSURANCE During the performance of the Agreement, the Club shall mamtmn the follovang msurance with an insurance company licensed to do busmess m the State of Texas by the State Insurance Comrmssmn or any successor agency that has a rating with Best Rate Carners of at least an A, or above A C0mprehens~ve General Llabd~ty Insurance vnth boddy m. lury limits of not less than $500,000 for each occurrence and not less than $500,000 m the aggregate, and w~th property damage lun~ts of not less that $100,000 for each occurrence and not less than $100,000 m the aggregate B The Club shall furnish insurance certlficatas or insurance pohc~es at the City's request to evidence such coverages The msurance policies shall name the City as an addlUonal msured on all such pohc~es, and shall contam a prowsion that such msurance shall not be Juneteenth Celebration Agreement - Page 2 7 D ~Temp'Juneteenth ConUact doc canceled or modified without written notice to the City and the Club In such event, The Club shall, prior to the effective date of the change or cancellation, serve substitute policies furmshing the same coverage ARTICLE 6 NOTICES All notices, commumcatlons, and reports reqmred or pet'mltted under flus Agreement shall be personally dehvered or mmled to the respective part~es by depositing same m the Umted States mm] to the address shown below, certified mml, return receipt requested, unless otherwise specified hereto Mailed notices shall be deemed commumcated as of three (3) days' mmlmg To the Club To CITY Jon Son's Nightclub CITY OF DENTON John Catlm M~chael W Jez, City Manager 818 Sycamore Street 215 E McKmney Denton, Texas 76205 Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or w~thm three (3) days' marling. ARTICLE ? ENTIRE AGREEMENT This Agreement constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the tei~iiis of thetr agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, d~scussions, commumcations, and agreements which may have been made m connection with the subject matter hereof ARTICLE 8 SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent junschction to be invalid or unenforceable, it shall be considered severable from the remainder of flus Agreement and shall not cause the remmemder to be invalid or unenforceable In such event, the parties shall reform flus Agreement to replace such stricken prowsion with a valid and enforceable provision which comes as close as possible to expressing the retention of the stricken provision Juneteenth Celebrauon Agreement - Page D ~Temp~Junoteon0a Conlract doc ARTICLE 9 DISCRIMINATION PROHIBITED In performing the services reqmred hereunder, the Club shall not discriminate agamst any person on the basis of race, color, rehg~on, sex, national ongm or ancestry, age, or physical handicap ARTICLE 10 PERSONNEL The Club represents that it has or vall secure, at 1ts own expense, all personnel required to perform all the services reqmred under th~s Agreement Such personnel shall not be employees or officers of, or have any con~'actual ralations with the City ARTICLE 11 ASSIGNABILITY The Club shall not assign any interest m this Agreement, end shall not transfer any interest m tlus Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the City ARTICLE 12 MODIFICATION No waiver or modification of flus Agreement or of any covenant, condition, or lunltat~on herein contained shall be valid unless m writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received m ewdence m any proceeding arising between the parties hereto out of or affecting flus Agreement, or the rights or obhgatlons of the partias hereunder, and unless such wmver or modification is m wntmg and duly executed, and the pames further agree that the provisions of flus section will not be waived unless as set forth hereux ARTICLE 13 MISCELLANEOUS A The following exhibits are attached to and made a part of flus Agreement (hst exhibits) Exlublt "A" Resolution No B Venue of any stat or cause of action under this Agreement shall lie exclusively m Denton County, Texas Tlus Agreement shall be construed m accordance with the laws of the State of Texas C The captions oftlus Agreement are for reformational purposes only, and shall not m any way affect the substantive t~xms or condmons of tbas Agreement Juneteenth Celebrnt~on Agreement - Page 4 D \Temp'd'uneteengi Contract.doc 9 IN WITNESS HEREOF, the C~ty of Denton, Texas has caused this Agreement to be executed by its duly anthonzed C~ty Manager, and Jon Jon's Nightclub has executed th~s Agreement through ~ts duly authorized undersigned officer on th~s the day of ,2000 CITY OF DENTON, TEXAS MICHAEL W JEZ, CITY MANAGER ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATI~ORNEY BY Jon Jon's N~ghtclub By John Cathn Proprietor WITNESS BY Juneteenth Celebration Agreement - Page 5 ~0 D \Temp~unot~nth Convractdoc .e e,,tIon ^dv,soe .o d EXHIBIT May 25, 2000 Dema ReereaUon Center Members present Don Edwards, Dalton Gregory, Brandon Barnes, and Dale Yeatts Members absent excused Brenda Piuhps, G-wendolyn Carter Unexcused absence Teresa Andress Staff present. Ed Hodney, Janet SLnpson, Kathy Mosby, Bob Tlckner, and Jan~e McLeod Others present Elthu (hllesple, Sacloe Sasser, Tera Dunley, and Shem McDade representing the Juneteenth committee Chairmen Don Edwards called the meeting to order at 6 00 p m AWARDS AND RECOGNITION Ed reminded the board of the department's nomination for the national Gold Medal award end that the recipient roll be announced m October He also told the board about the Venture Grant from Umted Way g~ven to the department's therapeutic recreation (TR) program The funds will be used for adaptive sw~m and horse backing ndmg programs for the TR participants Approval of Minutes A motion was made by Dale YeaRs to approve the minutes of April 27, 2000 Brandon Barnes seconded the moUon and it passed ACTION ITEMS Request to Sell Alcohol at the duneteenth Dance Ed smd that the Juneteenth Celebration is a city-sponsored event w~th citizen support The celebration will include a dance and the sell of alcoholic beverages in the Clwc Center bml&ng City Code reqmres the Park Board's review end City Council approval for the sale of alcoholic beverages m the Center Elthu G-fllesple, of the Junetcenth Committee, smd that Jon Jon's Nightclub would furnish DJ services, food, security, and alcohohc beverages He added that security would include committee members momtormg the parlong areas too Ed smd that insurance for the event would be provided ACTION Dalton Gregory made a moron to approve the request to sell alcohol at the Juneteenth dance on June 16th Dale Yeatts seconded the motion and it passed unammously 11 Agenda No. Aoenda Item . ~,~ AGENDA INFORMATION SHEET / AGENDA DATE June 6, 2000 DEPARTMENT Utd]ty Admm~stratmn ACM. Howard Mart~n, 349-8232~x SUBJECT A RESOLUTION APPROVING AN INFRASTRUCTURE SALES TAX AGREEMENT BY AND B]~TWEEN THE CITY OF DENTON, TEXAS AND ROBSON DENTON DEVELOPMENT, L P, AN ARIZONA LIMITED PARTNERSHIP RESPECTING THE CONSTRUCTION OF A WASTEWATER TREATMENT PLANT, AND DECLARING AN EFFECTIVE DATE SUMMARY The Council remewed the Robson Sales Tax Exemptmn Agreement For the second t~me at the May 23r~ C~ty Council Work Sessmn The sales tax agreement developed by the law firm Thompson and Kmght, of Dallas Texas, and rewewed by M:ke Copeland, C~ty of Denton Utthty Attorney, adequately addresses all of our legal concerns associated w~th prewous drafts of the agreement BACKGROUND The Robson Development will construct a wastewater treatment plant to serve the needs of their development Th~s plant facility will be donated or dedicated to the C~ty of Denton to own and operate The antm~pated construction cost for the lmtml phase of the treatment facthty ~s $3 mdhon Robson is requesting a state sales tax exemption on all eqmpment purchased for the wastewater treatment plant Robson ~s seeking the C~ty's execution of an Infrastructure Sales Tax Agreement (ISTA) in order to achxeve the sales tax exemptaon on plant eqmpment Robson, xn turn, would agree to ~ndemnlfy the City against all habd~t~es associated w~th the Cxty facthtat~ng the sales tax exemption by acceptance of the purchased eqmpment prior to ~nstallat~on and operation Page 2 Robson Sales Tax RECOMMENDATION It ~s the op~mon of staff that the proposed sales tax exemption proposed by Robson ~s lawful and represents an agreement that could be recommended w~th mimmal risk to the C~ty PRIOR ACTION/REVIEW The sale tax exemption was first d~scussed at the March 28th City Council Work Session FISCAL INFORMATION Robson estimates that approximately $150,000 to $250,000 could be saved w~th a state sales tax exemption on the equipment purchases Respectively submitted Howard Martin, ACk, Utilities Exhxblt I Resolution Exh~bat II Infrastructure Sales Tax Agreement RESOLUTION NO A RESOLUTION APPROVING AN INFRASTRUCTURE SALES TAX AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND ROBSON DENTON DEVELOPMENT, L P, AN ARIZONA LIMITED PARTNERSHIP RESPECTING THE CONSTRUCTION OF A WASTEWATER TREATMENT PLANT, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES ~ That the C~ty Council of the C~ty of Denton hereby approves an Infrastructure Sales Tax Agrecment by and between the C~ty of Denton, Texas and Robson Denton I)evelopm~nt, L P, an Arizona hm~ted partnerstup, respectmg a tax exemption, as prowded by apphcable law, pertamm§ to the construcUon of a wastewater treatment plant, a copy of winch Agreement ~s attached hereto and ~ncorporated by reference here, n, and the C~ty Manager ~s hereby authorized to execute smd Agreement on behalf of the C~ty SECTION 2 That tins resolution shall become effective ~mmedmtely upon ~ts passage and approval. PASSED AND APPROVED tins the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY STATE OF TEXAS § COUNTY OF DENTON § INFRASTRUCTURE SALES TAX AGREEMENT THIS AGREEMENT ~s made and entered ~nto th~s day of ,2000, by ROBSON DENTON DEVELOPMENT, LP, an Arizona hmtted partnersfup ("Robson"), and CITY OF DENTON, TEXAS, a Texas mummpal corporatmn (the "C~ty'), acting by and through thexr respective officers and officmls RECITALS A Robson desires to develop a master-planned res~dentml commumty on approximately 3000 acres of real property located ~n the C~ty of Denton, ~n Denton County, Texas (the "Development") B In furtherance of the Development, Robson has prepared, and the C~ty has approved, a final plat of a portmn of the Development known as Robson Ranch Water Reclamation Plant, an add~tmn to the C~ty of Denton, Texas, recorded m Cabinet R, Page 365 of the Plat Records of Denton County, Texas (the "Plat") C As part of the Development, Robson ~ntends to construct a wastewater treatment facility and related improvements (collecttvely, the "Wastewater Treatment Plant") on the real property shown on the Plat as Lot 1, Block 1 (the "Property"), ~n substantial accordance w~th drawings and specfficaOons approved by the C~ty mtts ~ssuance of a bmld~ng permit for the Wastewater Treatment Plant (the "Approved Drawings and Specfficatmns") D Sectmn 151 309(5) of the Texas Tax Code ("TTC"), as amended, prowdes that a taxable ~tern sold, leased, or rented to, or stored, used, or consumed by, a c~ty or other poht~cal subd~wsmn ofttus state ~s exempted from the taxes ~mposed under Chapter 151 of the TTC E Section 151 31 l(a) of the TTC, as amended, provides that the purchase of tangible personal property for use ~n the performance of a contract for an improvement to realty for an orgamzataon exempted under Section 151 309 of the TTC ~s exempt if such tangible personal property ~s mcorporated ~nto malty ~n the performance of the contract F Section 151 31 l(b)(1) and (2) of the TTC, as amended, further prowdes that the purchase of tangible personal property, other than mactunery or eqmpment and its accessories and repair and replacement parts, for use m the performance of a contract for an improvement to realty for an orgamzat~on exempted under Section 151 309 of the TTC ~s exempt ~fthe tangible personal property ~s 98387 00001 DALI~.S 1128012 3 - 1 - (1) necessary and essential for the performance of the contract, and (2) completely consumed at the job sate G Section 3 291 of Title 34 of the Texas Admmastrat~ve Code (the "Regulation") provides that sales tax ~s due on all tangible personal property used to improve real property belongmglto a private party that has been dedicated to and will be accepted by a governmental entity unless (1) the construction contract between the private party and its contractor ~s a "separated contract" wtthm the meamng of subsectaon (b) of the Regulation, (2) the construction contract provides that title to the materials used to perform the contract passes to the private party at the tame the matermls are delavered to the job stte and before they are incorporated anto the realty or used by either the co/~tracter or the private party, and (3) the eonstmct~un contract prowdes that the private party intends to donate tho personal property to the governmental entity before it is incorporated anto the realty or used by the contractor The private party must provide the contractor with a letter of ~ntent or other document from the governmental entity statang 1ts intent to accept the property H Robson intends to comply w~th the Regulation and thereby achieve an exemption from sales, and use tax for all tangible personal property used to construct the Wastewater Treatment Plant and related improvements and improve smd Property In that regard, Robson and Currier Construction, Inc ("Contractor") have executed a construction contract dated March 8, 2000 (the "Construction Contract"), prowdlng for the construction of the Wastewater Treatment Plant The Constructmn Contract is a separated contract under the Regulation, and mcorporat~s the prowsmns referenced m subparagraphs (2) and (3) of Recital G above I Robson has specifically requested that the C~ty enter mto tins Agreement, and has represented to the C~ty that to the best of Robson's knowledge and belief, based on consultation w~th TexaS counsel, that th~s Agreement ~s valid under appheable Texas law Robson further representslthat it will perform ~ts duties and responsibllataes under thas Agreement ~n a manner cons~stent,wath apphcable law govermng qualification for the above-stated state sales tax exemption J In a Letter of Understandang (here~n so called) prewously executed by Robson and the City, Robson agreed to construct the Wastewater Treatment Plant and related facalltaes, subject to ~ty approval of the design and specifications, and the City agreed to thereafter own and operate the Wastewater Treatment Plant m accordance wath the appheable rules amposed by the State of Texas Robson and the C~ty mtend for flus Agreement to serve as a document statang and formally exndenelng the ~ntent of the Caty to accept (0 the materials which will be physically Incorporated into the Wastewater Treatment Plant (the "Incorporated Materials") and (ii) the tangible personal property (excluding machinery and equ;pment) used to construct the 98387 00001 DALLAS 1128012 3 - 2 - Wastewater Treatment Plant wbach, after bemg used for ~ts ~ntended purpose, will be substantaally used up or will not be retained or reusable by Contractor ("Consumable Items") (the Incorporated Items and the Consumable Items are hereto collectavely called the "Donated Materials"), so that the Donated Materials will be exempt bom sales and use tax AGREEMENT In consideration of the matters set forth ~n the Recitals and the covenants and contht~ons set forth below, the C~ty and Robson AGREE as follows 1 Incorporation of Recatals Robson and the C~ty expressly ~ncorporate all Recitals set forth m this Agreement as a part ofth~s Agreement, and represent each to the other, that the Remtataons are true and correct 2 Dethcataon and Acceptance Pursuant to the approved Plat, Robson has ~rrevoeably dechcatod the Property and Wastewater Treatment Plant to the C~ty, and Robson and the City hereby confirm such dedmataon Consistent w~th the Plat and the Letter of Understandmg, the C~ty agrees that, upon substanUal completaon of the Wastewater Treatment Plant m a good and workmanhke manner, m substantaal accordance w~th the Approved Drawings and Specfficataons, the C~ty will at that tame accept the Property and the Wastewator Treatment Plant and thereafter operate the Wastewater Treatment Plant in accordance wah the apphcable rules ~mposed by the State of Texas 3 Donated Materials Thts Agreement confirms that (a) Robson ~ntends to donate to the C~ty all Donated Materials before any Donated Material is incorporated ~nto the realty or used by Contractor, and that (b) the C~ty intends to accept such donataon As Donated Materials are dehvered to the job s~te and title thereto passes to Robson under the Constmctaon Contract, such Donated Materials shall be deemed s~multaneously donated to, and accepted by, the C~ty 4 Lmbthty Clamas Robson agrees to ~ndenm~fy, defend and hold harmless the C~ty from and on account of any and all el~ums, demands, llablht~es, costs and expenses, ancludlng but not limited to court courts and reasonable attorneys' fees and expenses, wtuch are asserted agmnst, suffered or mcurred by the City as a result of the C~ty's acceptance of any Donated Materials before the Wastewater Treatment Plant ~s substantially completed and accepted by the Cay w~th the Property, mcludmg but not llmated to claams whmh arise as a result of personal injury, wrongful death, or property damage, AND INCLUDING CLAIMS WHICH RESULT OR ARE ALLEGED TO RESULT FROM THE CITY'S OWN NEGLIGENCE In adthtaon, Robson agrees to mmnt~un pubhe habthty msuranee an an amount of not less than $3,000,000 naming the Cay as aa addmonal insured w~th respect to claims made an eonnectaon with the Donated Materials Robson shall provide the C~ty a certificate of such ~nsurance s~multaneously w~th the executaon and dehvery ofth~s Agreement 5 Casualty Loss Throughout construction of the Wastewater Treatment Plant, Robson shall maintain property msurance written on a builder's risk "all-risk" or equivalent pohcy form m an amount at least equal to the eonstmctaon cost of the Wastewater Treatment Plant W~thout hmlt~ng the foregoing, such pohcy shall ~nsure the Donated Materials against risk 98387 00001 DALLAS 1128012 3 - 3 - of casualty loss fi.om the time of their dehvery to the Property, and, w~th respect to the Donated Materials, shall name the C~ty as an additional insured party as its interest may appear Robson shall provide the City a certificate of such insurance simultaneously with the execution and dehvery of this Agreement In the event that, dunng construction, the Wastewater Treatment Plant or any Donated Materials should be stolen, destroyed, or damaged by fire or other casualty, Robson shall adjust the loss w~th the property insurer, receive all insurance proceeds payable m response to the destruction or damage and restore or replace the stolen, damaged, or destroyed property as soon as reasonably practicable and contmue the Wastewater Treatment Plant project 6 Bankruptcy If, prior to substantml completion of the Wastewater Treatment Plant and the City's acceptance thereof, Robson should file a bankruptcy petition or become the subject of an involuntary proceeding under the United States Bankruptcy Code, and if the City should be required to participate in the bankruptcy action as a result of ~ts possession and/or ownership of Donated Materials, or its agreement to accept the Property and Wastewater Treatment Plant, then Robson shall defend, lndemmfy and hold harmless the City agmnst all out of pocket costs, including reasonable attorney's fees and expenses, ~ncurred by the City to participate in such action 7 Special Circumstances Robson and the C~ty agree that this Agreement is solely hmlted to and pertains only to the construction of, and dedication by Robson to the C~ty of, a Wastewat~r Treatment Plant, together with related facdlt~es, situated at the above-referenced Robson residential community The City, by entenng into this Agreement with Robson, recogmzes the unique nature oftlus project, its near-term and long-term impact upon the City, and the willingness of Robson to expend slgnfficant amounts of its funds in order to expedite the ultimate completion of the Wastewater Treatment Plant and the connection to the C~ty's other infrastructure 8 Entire Agreement Tlus Agreement constitutes the entire agreement between Robson and the City with respect to the subject matter hereof This Agreement may be amended only by a written instrument executed by Robson and the City 9 Counterparts This Agreement is hereby executed ~n duplicate original counterparts, each ofwtuch shall constitute an original, but all ofwhmh together shall constitute one Agreement 98387 00001 DALLAS 1128012 3 - 4 - IN WITNESS WHEREOF, Robson and the Clty have executed this Agreement as of the date first written above "ROBSON" ROBSON DENTON DEVELOPMENT, LP, an Arizona limited partnership By Denton Property Management Company, an Arizona corporation doing busaness m Texas under the name Robson Denton Management, ~ts General Partner By Its "CITY" CITY OF DENTON, TEXAS, a Texas mun~eipal corporation By Michael W Jez, City Manager ATTEST JENNIFER WALTERS, City Secretary By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, City Attorney By Assistant Caty Attorney 98387 00001 DALLAS 1128012 3 - 5 - Agenda No ~ ~genda Item ~)ate ,1 ,100 AGENDA INFORMATION SHEET AGENDA DATE June 6, 2000 DEPARTMENT Legal Department CM/DCM/ACM Herbert L Prouty, City Attorney SUBJECT - An ordinance of the City of Denton, Texas authorizing the City Manager to execute a Second Amendment to the Contract for Professional Legal Services Between Wolfe, Clark, Henderson & Tldwell and the City of Denton, authorizing the expenditure of funds therefor, and provldang an effective date BACKGROUND - The City of Denton lured the law firm of Wolfe, Clark, Henderson & Tldwell to represent it in htlgatlon styled Mumctpal Admmtstrattve Servtces, Inc v Ct~v of Denton on November 2, 1999 in an mount not to exceed $50,000 On March 28, 2000, City Council approved the First Amendment to the Contract for Professional Legal Services to provide for additional compensation for trial of the pending litigation City Council met in executive session and was briefed by Ron Clark regarding the status of the pending ht~gatlon and appeal Council authorized Mr Clark to appeal an adverse judgment The Contract for Professional Legal Services now needs to be amended to provide for compensation ~n the event of an appeal PRIOR ACTION/REVIEW - The Contract for Professional Legal Services was approved by City Council on November 2, 1999 On March 28, 2000, the City Council approved the First Amendment to the Contract for Professional Legal Services In executive session on May 16, 2000, Council authorized appeal of an adverse judgment erry E~  Attomey ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MAN- AGER TO EXECUTE A SECOND AMENDMENT TO THE CONTRACT FOR PROFES- SIONAL LEGAL SERVICES BETWEEN WOLFE, CLARK, HENDERSON & TIDWELL AND THE CITY OF DENTON, AUTHORIZING THE EXPENDITURE OF FUNDS THERE- FOR, AND PROVIDING AN EFFECTIVE DATE THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Manager is hereby authorized to execute a Second Amend- ment to the Contract for Professional Legal Services between Wolfe, Clark, Henderson & Tldwell and the City of Denton m substantially the form of the Second Amendment attached hereto and incorporated by reference herein SECTION 2 That the City Manager is hereby authorized to make the expenditures and take the actions set forth in the attached Second Amendment SECTION 3 That this ordinance shall become effective immediately upon ~ts passage and approval PASSED AND APPROVED ttus the day of ,2000 EULINEBROCK, MAYOR ATTEST ~ENNIFERWALTERS, CITY SECRETARY BY APPROVED AS TO~ F~Vi HE~,~k~)~TTORNEY SECOND AMENDMENT TO CONTRACT FOR PROFESSIONAL LEGi~-L SERVICES STATE OF TEXAS ~ COUNTY OF DENTON ~ The City of Denton, a Texas municipal corporation, 215 East McKlnney, Denton, Texas 76201, hereanafter referred to as "Caty", and Wolfe, Clark, Henderson & Tadwetl, 123 North Crockett, Suate 100, Sherman, Texas 75090, hereanafter referred to as "Consultant", hereby agree to thas Second Amendment to the Agreement made and entered into the 2~ day of November, 1999, and amended on March 28, 2000 (said Agreement and said First Amendment hereanafter referred to as the "Base Agreement") WITNESSETH WHEREAS, the case has now been tried and the verdict of the 3ury has been received by the court, and motions for 3udgment are now due to be filed, and WHEREAS, the City had previously set a budget llmat for Consultant for legal services an this case of $100,000 00 and whereas the total amount accrued for legal servaces and expenses by Consultant through the trial of the case, as of May 16, 2000, as $74,819 02, and WHEREAS, the partaes belaeve thas amendment would be faar, equItable, and an the best interest of the City, and the partles specafacally find and agree that the fees agreed to herean are fair and reasonable as attorney's fees an Denton County, Texas, NOW, THEREFORE, at as agreed as follows 1 Consultant wall continue to represent the City in the fllang of necessary motaons to obtaan a 3udgment and to oppose motaons for ]udgment by plaintiff Consultant as hereby authorized to take an appeal from an adverse judgment to the Court of Appeals, and af necessary to the Texas Supreme Court Samalarly, Consultant as authorized to oppose an appeal by plaantaff an the Court of Appeals and in the Supreme Court 2 Paragraph 3A of the Base Agreement as amended as follows For work performed by Consultant an thas case on or after May 17, 2000, Consultant will be compensated as follows a If plaintiff, M A S , makes any recovery from the City, then Consultant shall receave no compensataon for professional servmces rendered (The Czty shall be responsmble under paragraph 3D of the Base Agreement only for costs of court (lncludzng costs for the clerk's record, the reporter's record, and filing fees), copying costs, postage, and long dzstance telephone charges b If f~nal judgment ~s entered that plaintiff, M A S , takes nothing, but no recovery is made by the City, then Consultant shall be paid ~ts regular fees and expenses on the bas~s of the provisions of the Base Agreement c If fznal judgment zs entered that the City of Denton recover any amount over and above costs of court, whether such add~tlonal amount consists of a return of all or part of the contract price paid to M A S or an award of attorney's fees to the Clty, then Consultant shall be pald for zts work on or after May 17, 2000 zn accordance w~th the terms of the Base Agreement, except that the hourly rate for work performed by an attorney shall be $150 00 an hour rather than $125 00 an hour d In the event that the case ~s remanded for new trial, and such order of remand is not overturned on appeal, then Consultant shall not be pa~d for legal servzces rendered on or after May 17, 2000 through the time that sa~d order of remand becomes f~nal Any legal services requested by the C~ty from Consultant after such date will be compensated at the rate set out zn the Base Agreement IN WITNESS HEREOF, the C~ty of Denton, Texas, has caused this Agreement to be executed ~n duplicate originals by zts duly authorized C~ty Manager, and Consultant has executed th~s Agreement through lts duly authorIzed undersigned partner, dated th~s the day of , 2000 CITY OF DENTON By Mzchael W Jez, C~ty Manager ATTEST JENNIFER WALTERS, CITY SECRETARY WOLFE, CLARK, HENDERSON & TIDWELL, L L P By APPROVED A~M Ron Clark '~//~2HERBERT TTORNEY Agenda Item~ , AGENDA INFORMATION SHEET AGENDA DATE: June 6, 2000 DEPARTMENT: Engineering & Transpo. rtat~n SUBJECT Consider adoption of an ordinance declanng a public necessity exists and findtng that pubhc welfare and convemence requires the taking and acqmnng of an approximate 0 451 acre or 19,632 square foot parcel of land m fee rumple for street purposes in the name of the State of Texas, acting by and through the Texas Transportation Commission, an approximate 0 1668 acre or 7,267 6 square foot pubhc utthty easement in the name of the City of Denton, Texas and an approximate 0 005 acre or 208 square foot parcel of land drainage easement m the name of the State of Texas, acting by and through the Texas Transportation Comm~smon for U S Highway 77, and providing an effective date BACKGROUND Negotiations to acqmre the required right-of-way for U S Highway 77 Wldenmg ProJect, parcel 33B & 33BE, from Mr Tex Morgan Mooart~n, Aubrey, Texas have reached an ~mpasse Mr Martin has stated he wants $58,896°° (3 per square foot) for the right-of-way, plus $624® for the drainage easement and total of $59,520 o0 The appraisal yields $23,558 oo ($1 20/sq f~ ) for the nght-0f-way, plus $125 oo ($1 20/sq ftx 50%) for the drainage easement and a total of $23,683 oo and we have offered that amount We have also offered $2,180 oo ( 30¢/sq ft ) for the utlhty easement OPTIONS 1 Authorize condemnation 2 Authorize the addmonal expenses as described above RECOMMENDATION Staff recommends the authorization of condemnation to acquire this parcel PRIOR ACTION/REVIEW (Council Boards. Comm~sslons] The Planmng & Zomng Commission approved the Raght of Way Acqms~tmn for U S Highway 77 Widening Project on July 23, 1997 FISCAL INFORMATION The cost of the condemnation process plus the dollar amount of the award MAP Attached Respectfully submitted Jer~/Clark, D~rector Engi'neenng& Transportation Pr~p.~ared by Paul Wdhamson Right-of-Way Agent LOCATION MAP 1 559 ACRE GROSS - 0 451 ACRE TxDOT R-O-W - 0,005 ACRE TxDOT DRAINAGE EASEMENT = 1 103 ACRE REMAINDER CITY OF DENTON ENGINEERING & T~SPORTATION DEP~TMENT RIGHT'F-WAY DIVISION J.R. aART~N ~"= ~00' Planmng and Zoning Minutes July 23, 1997 Page 2 Ms. $chenz: Are there any other nommRtlons? If there are none, nomln.tiolls are closed. We will vote on the nominees in the order of their nommRtton I w~ll hst their name and then after I am through if you will raise your right h~nd if you are m favor As many as .are in favor of Jim Engelbrecht please raise your nght hand (Vote - 3) As many as are m favor of Ellen $chertz please raise your right hand (Vote - 4) The new Chair person by majority ~s Ellen 8chenz Thank you For the second nominee we will be electing Vice-Chair person The floor ~s open Ms Apple' I would hke to nomln~te Bob Powell Ms. $chertz. Are there any further nominations? Mr Moreno I would nornln~te Jun Engelbrecht Ms Schertz' Are there any further nominations? Secmg none, nomm~tluns are closed AS many as are m favor of Bob Poweil, please ralse your nght hand (vote - 4) 8ecmg there ~s a majonty, the new Vice-Chair person will be Bob Powell Congratulations IH Consider approval of the minutes of the July 9, 1997 meeting Ms $chartz. Are there any corrections? Seeing none, the minutes will stand approved as written IV Consider making recommendation to the City Council for the acquisition of the Rtght-of- Way for U.S 377 from F M. 2164 to 1-35 Mr. Powell That's not 377 but ~s 77. Ms. $chertz' You are correct Let the rmnutes reflect that Mr. Power I would move that we recommend to the City Council the acqmsiuon of l~ght-of-Way for US 77 from FM 2164 to 1-35 Ms. O ,am. zer. Second Ms. $chertz Is there any discussion? All m favor, please raise your nght b~nd Motion passes. (7-0) V. Consider making recommendation to the City Council for the acqmsitiun of the Right-of- Way for Lakeview Boulevard. Mr. Powell I move that we make recommendation to the City Council for the acqmsitiun of the Right-of-Way for Lslceview Boulevard .Mr. Engelbrecht: Second \\CH LGL\VOL1 ~hated~deptLLGL\Our Documents\Ordmances\00\Tex Martin Cond=rnnatmn Ordinance doc ORDINANCE NO AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC V~LFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0451 ACRE 19,632 SQUARE FOOT TRACT OR PARCEL OF LAND IN FEE SIM~LE FOR STREET PURPOSES SUCH TITLE TO BE IN THE NAME OF THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS TRANSPORTATION COMMISSION AND SAID PROPERTY BEING LOCATED IN THE THOMAS TOBY SURVEY, ABSTRACT NO ]288 AND THE B B B & C R R SURVEY, ABSTRACT NO 186 IN THE CITY OF DENTON, DENTON COUNTY TEXAS AND AN APPROXIMATE 0 ]668 ACRE OR 7,267 6 SQUARE FEET PUBLIC UTILITY EASEMENT IN THE NAME OF THE CITY OF DENTON, TEXAS BEING LOCATED IN THE THOMAS TOBY SURVEY, ABSTRACT NO 1288 AND THE B B B & C R R SURVEY, ABSTRACT NO 186 IN THE CITY OF DENTON, DENTON COUNTY TEXAS AND AN APPROXIMATE 0 005 ACRE OR 208 SQUAKE FEET DKAINAGE EASEMENT IN THE NAME OF THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS TRANSPORTATION COMMISSION BEING LOCATED IN THE THOMAS TOBY SURVEY, ABSTRACT NO 1288 AND THE BBB & CRR SURVEY, ABSTRACT NO 186 IN THE CITY OF DENTON, DENTON COUNTY TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VA[LIE AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING STREET IMPROVEMENTS FOR U S HIGHWAY 77, AND DECLARING AN EFFECTIVE DATE (PARCEL 33B, 33BE) WHEREAS, ~t ~s hereby determined that a public necessity exists and that pubhc welfare and convemence hereby requ,re the acqmsmon of the real property t~tle and interests as hereinafter descnbed for U S H~ghway 77, and WHEREAS, the heremaRer described property ~s beheved to be owned by Tex Morgan Marttn (the "Owner"), NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1. That pubhc necessity exists and pubhc welfare and convemence reqmre the acqms~t~on of the following a fee s~mple t~tle for street purposes, w~th such fee simple t~tle vesting m the State of Texas, acting by and through the Texas Transportat,on Commission ~n that certmn tract or parcel of land contaJnmg approximately 0 451 acre or 19,632 square feet, together w~th ~mprovements thereon and appurtenances thereto as more pamcularly described m Exhth~t "A', attached hereto and made a part hereof by reference (the "Pdght-of-Way Property"), b a pubhc utility easement in the name of the City of Denton, Texas in, over and across that eertmn tract or parcel of land contmmng approximately 0 1668 acre or 7,267 6 square feet as more particularly described in Exhibit "B", attached hereto and made a part hereof by reference, to construct, reconstruct, install, repmr and perpetually maintain public utility facilities (the "Utility Easement") c a drainage easement in the name of the State of Texas, acting by and through the Texas Transportation Commission in, over and across that certmn tract or parcel of land contmmng approximately 0 005 acre or 208 square feet as more partmularly described in Exhibit "C", attached hereto and made a part hereof by reference, to construct, reconstruct, install, repmr and perpetually mmntmn drmnage facflmes (the "Drainage Easement") The Right-of-Way Property, Utility Easement and Drainage Easement are hereinafter collectively called the "Property" SECTION 2. The City Manager or bas designee as hereby authorized and directed to make an offer for the Property to the owner of the Property, based on just compensation recommended by an independent apprmsal prepared at the City Manager's direction ~ That m the event the offer as described in Section 2 is refused by the Owner of the Property, the City Attorney or bas designee ~s hereby authorized and d~rected to file the necessary condemnation proceedings or suit and take whatever action that may be necessary against the Owner and any other parties having an mterest in the Property to acquire fee simple tale for street purposes in the Right of Way Property, with such fee simple title vesting in the State of Texas, acting by and through the Texas Transportation Commission, a utihty easement in the name of the City of Denton, Texas an the Utility Easement property, and a drmnage easement m the name of the State of Texas, acting by and through the Texas Transportation Commission in the Drainage Easement property The cost and expense of such acquistuon shall be prod by the City of Denton SECTION 4. If it should be subsequently determined that additional parties other than those named herein have an mterast m the Property, then in that event, the City Attorney or has designee is authorized and directed to join said parties as Defendants in smd condemnation SECTION 5. Ttus ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED tbas the day of ,2000 JACK MILLER, MAYOR Page 2 ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FpRM Page 3 EXHIBIT 'A' County Denton Page 1 of 2 Parcel 33B [3-15- Highway U.S 77 Project Mm[ts From 1 H, 38 October, 1996 To U.$ 380 CSJ 0195-02- Account LEGAL LAND DESCRIPTION FOR PARCEL 33~ BEING A 0 451 ACRE PARCEL OF LAND SITUATED IN THE THOMAS TOLEY SURVEY, ABSTRACT NO 1288, AND THE B B B & C R R SURVEY, ABSTRACT NO 186 IN DENTON COUNTY, TEXAS, AND BEING A PART OF A CALLED 1 559 ACRE TRACT OF LAND CONVEYED TO TEX MORGAN MARTIN BY INSTRUMENT OF RECORD IN VOLUME 3178 PAGE 898, OF THE DEED RECORDS OF DENTON COUNTY, TEXAS (DRDCT). SAID 0 451 ACRE TRACT BEING MOIRE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS COMMENCING for reference at the southwest comer of the Tax Morgan Mart~n tract, the same being the southeast comer of a called 1 559 acre tract conveyed to Jessie M Annear by instrument of record in Volume 3178, page 910 DRDCT, from which a 1/2-Inch iron rod found bears S 00° 19' 27' W, a distance of 1 13 feet, THENCE N 01° 03' 34' E, along the common line between sa~d Tax Morgan Martin tract and sa~d Jessie M Annear tract a distance of 247 30 feet to a set 5/8-Inch Iron rod w~th an aluminum disk marked Texas Department of Transport~bon (TXDO'F) for the POINT OF BEGINNING, said point being on the new southwesterly right-of-way line of U S, Highway 77, (1) THENCE N 01° 03' 34' E, continuing along sa~d common line, a distance of 62 62 feet to a 1/2.inch ~ron rod found at the northwest comer of said Tax Morgan Martin tract, same being in the existing southwesterly right-of-way line of U S H~ghway 77, (2) THENCE S 68° 15' 32' E, along the northerly line of said Tax Morgan MartEn tract and along Bald nght-of- way line, a distance of 383 13 feet to a 1/2-inch iron rod found for the northeast comer of sa~d Tax Morgan Martin tract, same being the northwest comer of a called 1 859 acre tract conveyed to Jerry Ray Martin by instrument of record In File Number 95-R0052281 DRDCT, (3) THENCE S 01 ° 03' 34' W, along the common line between said Tax Morgan Martin tract and said Jerry Ray Martin tract, a distance of 63.11 feet to a set 5/8-inch iron rod w~th an aluminum disk marked T'XDOT for the new southwesterly right, of. way line of U S Highway 77, EXHIBIT 'A' County pentorl Page 2 of 2 Parcel 33B D-15- Highway g,$, 77 Project Umits Prom I H 3S October, 1996 To U 8 380 CSJ, 0195-02. Account (4) THENCE N 88° 11' 37' W, along the new southwesterly right-of-way line of U S Highway 77, a distance of 363 38 feet to the POINT OF BEGINNING, and containing o 451 acre of land, 19,632 square feet, more ar less of land area within these metes and bounds A plat of even survey date herewith accompanies this description SURVEYED ON THE GROUND OCTOBER, 1996 ESPEY HUSTON & ASSOCIATES, INC. O Denrli~-QuellsI R P L../S Date Texas Reg~stmtlo~ No 4278 lO EXHIBIT ~'S ' FIELD NOTES BEING A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO TEX MO~ANMARTIN RECORDED IN VOLUME 3178, PAGE 898, REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS (RPRDCT), AND BEING SITUATED IN THE THOMAS TOBY SURVEY, ABSTRACT NO 1288 AND THE B.B B.&C R.R. SURVEY, ABSTRACT NO 186, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS' C(H~4ENCING et the southwest corner of sa~dMartan tract, same beang the southeast corner of a tract conveyed to Jessze M Annear, recorded 1n Volu~e 3178, Page 910 of the RPRDCT, THENCE N 01° 03' 34" E, along the l~ne common to saad Mart~n tract (west line) and to sazd Annear tract (east lxne), a d~stance of 247 30 feet to the POINT OF BEGINNING, sa~d poant belng xn the new south right of way line of U S 77, THENCE S 58° 11' 37" E, along the new south raght of way lane of U S 77, a distance of 363.38 feet to a poxnt for a corner xn the lxne common to saad Tex Morgan Marten tract (east lane) and a tract conveyed to Jerry Ray Martxn (west l~ne), by ~nstrument of record ~n Fale N,,mher 95-R0052281, RPRDCT, THENCE S 01° 03' 34" W, along the lxne common to sa~d Tex Morgan Mart~n,tract and saxd Jerry Ray Marten, a dxstance of 23 27 feet to a poznt for a corner, THENCE N 58° 11' 37" W, 20 feet south of and perpendxcular to the new south right of way line of U S 77, a dastance 363 38 feet to a point for a corner on the l~ne common to saad Mart~n tract (west lzne), end sa~d Annear tract (east l~ne), THENCE S 01° 03' 34" W, along the lane common to sa~d Mart~n tract and to sa~d Annear tract, a d~stance of 23 27 feet to the POINT OF BEGINNING, and contalnang 0 1668 acres of land, more or less EXHIBIT~'C'' County Denton Pame133BE Page 1 of 1 H~ghway U S 7~ D-15- ProJect Limits From I H 35 December 1928 To ~,S 380 CSJ 0195-02- Account: LEGAL LAND DESCRIPTION FOR PARCEL 33BE BEING A 0005 ACRE PARCEL OF LA~*~t3 SITUATED IN THE THOMAS TOLBY SURVEY, ABSTRACT NO 1288 ABSTRACT NO 186 IN DENTON COUNTY, TEXAS, AND BEING A PART OF A CALLED 1 559 ACRE TRACT OF LAND CONVEYED TO TEX MORGAN MARTIN BY INSTRUMENT OF RECORD IN VOLUME 3178, PAGE 898, OF THE DEED RECORDS OF DENTON COUNTY, TEXAS (DRDCT) SAID 0 005 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS COMMENCING for reference at the southwest comer of the Tex Morgan Mar/Jn tract, the same being the southeast Comer of a called 1 559 acre tract conveyed to Jessie M Annear by Instrument of record m Volume 3178, page 910 DRDCT from which a 1/2-tach Iron rod found beara S 00° 19' 27" W, a d~stance of 1 13 feet, THENCE N 01° 03' 34" E, along the common line between sa~d Tex Morgan Marbn tract and sa~d Jessie M Annear tract a d~stance of 216 46 feet to a set 5/8-tach iron rod with an aluminum d~sk marked Texas Department of Transportation (TXDOT) for the POINT OF BEGINNING, (1) THENCE N 01 ° 03' 34" E, conbnumg along sa~d common hne a d~stance of 30 84 feet to a set 5/8-tach ~ron rod with an aluminum disk marked Texas Department of Transportation m the new south nght-of-way hne of U S H~ghway 77, (2) THENCE S 58° 11' 37" E, along smd new nght-of-way hne, a d~stance of 15 71 feet to a set 5/8-inch ~ron rod with an aluminum d~sk marked Texas Department of Transportabon, (3) THENCE S 31 ° 41' 32" W, crossing a porbon of said Tex Morgan Martin tract, a d~stance of 26 50 feet to the POINT OF BEGINNING, and containing 0 005 acre of land, 208 square feet, more or less of land area w~thm these metes and bounds A plat of even survey date herewith accompames th~s description SURVEYED ON THE GROUND DECEMBER, 1998 PBS&J B Glenn Crouch, R P LS ~ Date Texas Registration, No 5255 D-3404 12. P, Denda Item AGENDA INFORMATION SHEET Cate ~/~, AGENDA DATE' June 6, 2000 1 DEPARTMENT. Engineering & Transportat~ CM/DCM/ACM' Dave Hill: 349-8314 ~( SUBJECT Consider adoption of an ordinance declaring a pubhc necessity exists and findmg that pubhc welfare and convemence requires the taking and acqu~rlng of an approxtmate 0 360 acre or 15,695 square foot parcel of land in fee simple for street purposes tn the name of the State of Texas, actlng by and through the Texas Transportation Commtsslon and an approximate 0 1123 acre or 4,892 square foot pubhe utlhty easement tn the name of the Ctty of Denton, Texas for U S Htghway 77, and provtdmg an effective date Negotmttons to acquire the requared right-of-way for U S H~ghway 77 Wtdenmg Project, parcel 33D, from Mr Clyde Milton Mart~n, Gallop, New Mexico have reached an ~mpasse Mr Martin has stated he wants $47,085 00 (3 00 per square foot) for the rlg~h~t-of-way The appraasal yields $18,834°° ($1 20/sqft) for the right-of-way, plus $2,904 vv for damages and a total .of - "" the $21,738 °°and we have offered that amount We have also offered $1,467 ( 30¢/sq ft ) for utlhty easement OPTIONS 1 Authorize condemnatton 2 Authorize the addtttonal expenses as described above RECOMMENDATION Staff recommends the authorization of condemnation to acquire th~s parcel PRIOR ACTION/REVIEW (Council. Boards. Commisstonsl The Plannmg & Zomng Commtsston approved the R~ght of Way Acqmsttton for U S Highway 77 Wtdenlng Project on July 23, 1997 FISCAL INFORMATION The cost of the condemnation process plus the dollar amount of the award MAP Attached Respectfully submitted Jer~lart~lrector Prepared by Engineering & Transportation Paul Wllhamson Right-of-Way Agent LOCATION MAP 1 559 ACRE GROSS - g,~60 ACRE TxDOT R-O-W = 1 199 ACRE REMAINDER CITY Of DENTON ENGINEERING & TRANSPORTATION DEPARTMENT ~~s RIGHT'OF-WAY DIVISION J.R. MARTIN 1" = 100' 3/3d/2dOO 4 Planmug and Zoning Minutes July 23, 1997 Page 2 Ms. $chertz. Are there any other nomlnntions? If there ~ none, nomlnnt, lOl~ ~ closed. We will vote on the nominees in the order of the:r nomm~t/on. I will 1/st the:~ name and then after I am through ff you will raise your right h,~4 ff you are tu favor. As many as are tu favor of ~im Bngelbrecht please raise your right h~d (Vote - 3) As many as are tu favor of Bllan $chertz please raise your fight h~ncl (Vote - 4) The new Chair person by tuajofity is P-glen $chertz. Thank you For the second nomm?.e we will be electing Vice-Chatr person The floor is open Ms Apple' I would hke to nominate Bob Poweil Ms. Sc. hertz. Are there any further nomln~t~ons? Mr. Moreno. I would nominate Szm P..ngelbrecht Ms $chertz Are there any further nomm~tzons? Seetug none, nom,n~flons are closed AS many as are tu favor of Bob Powell, please raise your right hand (vote - 4) Seetug there is a majority, the new Vice-Chart person will be Bob Powell Congratulat/ons III Cons/der approval of the minutes of the guly 9, 1997 meeting Ms $chcrtz Are there any corrections? $eetug none, the minutes w/Il stand approved as written IV Consider malang recommendatwn to the Czty Council for the acquisition of the Right-of- Way for U $. 377 from P.M. 2164 to 1-35 Mr Poweil That's not 377 but is 77. Ms $chertz. You are correct Let the minutes reflect that Mr Poweil I would tuove that we recommend to the City Council the acquismon of lhght-of-Way for US 77 fretu PM 2104 to 1-35 Ms Ganzer Second. Ms $chertz' Is there any discussion? All in favor, please rase your fight hand Motion pass . (7-0) Consider malang recommendation to the City Council for the acquisition of the Right-of- Way for Lakeview Boulevard Mr. Poweil' I tuove that we tuake recommendation to the City Council for the acquisition of the Right-of-Way for Lakevlew Boulevard .Mr llngclbrecht: Second 5 \\CH LGL\VOLl~shared\depfiLGL\Our Documents\Ordman¢cs\00\Clyd¢ Martin Condcmnauon Ordinance doc ORDINANCE NO AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0 360 ACRE OR 15,695 SQUARE FOOT TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET PURPOSES SUCH TITLE TO BE IN THE NAME OF THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS TRANSPORTATION COMMISSION AND SAID PROPERTY BEING LOCATED IN THE B B B & C R R SURVEY, ABSTRACT NO 186 IN THE CITY OF DENTON, DENTON COUNTY TEXAS AND AN APPROXIMATE 0 0455 ACRE OR 1982 SQUARE FOOT AND 0 0668 ACRE OR 2910 SQUARE FOOT PUBLIC UTILITY EASEMENT IN THE NAME OF THE CITY OF DENTON, TEXAS BEING LOCATED IN THE B B B & C R R SURVEY, ABSTRACT NO 186 IN THE CITY OF DENTON, DENTON COUNTY TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING STREET IMPROVEMENTS FOR US HIGHWAY 77, AND DECLARING AN EFFECTIVE DATE (PARCEL 33D) WHEREAS, ~t ~s hereby detenmned that a pubhc necessity exists and that pubhc welfare and convemence hereby reqmre the acqmsmon of the real property t~tle and interests as hereinafter described for U S H~ghway 77, and WHEREAS, the hereinafter descnbed property ~s beheved to be owned by Clyde M~Iton Martin (the "Owner"), NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1. That pubhc necessity exists and pubhc welfare and convemence require the acqms~tlon of the followng a fee simple Utle for street purposes, with such fee simple title vesting in the State of Texas, acting by and through the Texas Transportation Commission ~n that certmn tract or parcel of land conta~mng approximately 0 360 acre or 15,695 square feet, together with improvements thereon and appurtenances thereto as more particularly described ~n Exhibit "A", attached hereto and made a part hereof by reference (the "Raght-of-Way Property"), b a public utility easement m the name of the Ctty of Denton, Texas ~n, over and across those certain tracts or parcels of land contmmng approximately 0 0455 acre or 1982 square foot and 0 0668 acre or 2910 square foot as more particularly described in Exhtblt "B", attached hereto and made a part hereof by reference, to construct, reconstruct, install, repmr and perpetually maintmn pubhc utd~ty facflmes (the "Utd~ty Easement") The R~ght-of-Way Property and Utility Easement are hereinafter collectively called the "Property" SECTION 2. The City Manager or his designee is hereby authorized and directed to make an offer for the Property to the owner of the Property, based on just compensaUon recommended by an independent apprmsal prepared at the City Manager's direction SECTION 3. That m the event the offer as described in Section 2 is refused by the Owner of the Property, the City Attomey or Ins designee is hereby authorized and chrected to file the necessary condemnation proceedings or suit and take whatever action that may be necessary agmnst the Owner and any other parties having an interest ~n the Property to acquire fee simple title for street purposes in the ladght of Way Property, voth such fee simple title vesting in the State of Texas, acting by and through the Texas Transportation Commission and a utility easement in the name of the City of Denton, Texas in the Utility Easement property The cost and expense of such acquisition shall be prod by the City of Denton ~ If it should be subsequently determined that additional parties other than those named hereto have an interest m the Property, then in that event, the City Attorney or his designee is authorized and directed to join smd parties as Defendants in smd condemnation S]~CTION 5. Tins ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED tlus the day of ., 2000 JACK MILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORIVl BIqlRB~~ATTORNEY EXHIBIT 'A' County [~enton Page 1 cf 2 Parcel 33D D-15~ H~ghway U,$, 77 Project Um~ts From ~,H 35 October, 1996 To ¥,S 380 CSJ 0195-02- Account LEGAL LAND DESCRIPTION FOR PARCEL 33D BEING A 0 360 ACRE PARCEL OF LAND SITUATED IN THE B B B & C R R SURVEY, ABSTRACT NO 186 IN DENTON COUNTY, TEXAS, AND BEING A PART OF A CALLED 1 559 ACRE TRACT CF LAND CONVEYED TO JERRY RAY MARTIN BY INSTRUMENT OF RECORD IN FILE NUMBER 95-R0052281, OF THE DEED RECORDS OF DENTON COUNTY, TEXAS (DRDCT), SAID 0 360 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS COMMENCING for reference at a 1/2.tnch iron rod found at the most northerly southwest comer of said Jerry Ray Mart~n tract, same being the aoutheast comer cfa called 1 559 acre tract conveyed to Tax Morgan Martin by msth~ment of record in Volume 3178, page 898 DRDCT, THENCE N 01° 03' 34' E, along the common line between sa~d Tax Morgan Martin tract and said Jerry Ray Martin tram, a distance of 61 98 feet to a set S/8.mch iron rod with an aluminum disk marked Texas Department of Transportation (TXDOT) for the POINT OF BEGINNING, said point being on the new southwesterly right-of-way line of U S, Highway 77, (1) THENCE N 01° 03' 34' E, continuing along sa~d common line, a distance of 63 11 feet to · 1/2-Inch ~r~n rod found at the northwest comer of said Jerry Ray Martin tract, same being In the existing southwesterly right-of-way line of U S Highway 77, (2) THENCE S 58° 15' 32' E, along the northerly line of sa~d Jer~y Ray Martin tract and along ea~d right-of-way line, a distance of 290 80 feet to a 1/2-1nth iron rod found for the northeast comer of said Jerry Ray Marbn tract, same being the northweat comer of a called I 569 acre tract conveyed to R D Martin as ewdenced by deed re~orded in Volume 31'/8, page 886 DRDCT, (3) THENCE S 01° 34' 17' W, along the common I~ne between said Jerry Ray Martin tract and sa~d R D Martin tract, a distance of 63 16 fact to a set 5/8-tach iron rod with an aluminum disk marked TXDOT for the new southwesterly nght-of-way line of U S H~ghway 77, (4) THENCE N 58° 11' 37' W, along the new southwesterly right-of-way line of U S, Highway 77, a d~stance of 145 38 feet to a set 6/8-inch Iron rod with an aluminum dlsk marked TXDOT in the common hne between said Jerry Ray Martin tract and e called 4 acre tract conveyed to Joe W Sherrtll and Mary LaJean Sherflll by instrument of record In Volume 605, page 464 DRDCT, THENCE along said common, line the following 2 courses and distances, (S) N 01° 36' 32' E, a distance of 11 79 feet to · fence comer at the northeast comer of said 4 acre tract, (6) N 88° 62' 38' W, a dlstanca of 19 96 feat to a sat 5/8-1nth iron rod with an aluminum disk marked TXDOT in the new southwesterly right-of-way hne of U S Highway 77, EXHIBIT 'A" County Denton Page Parcel 33D D-15- Highway U 8 77 Project Limrts' Prom I.H. 35 October, To U S. 380 CSJ Account (7) THENCE N 68° 11' 37" W, along the new southwesterly right-of-way line of U S H~ghway 77, a d~stance of 121 86 feet to the POINT OF BEGINNING, and containing 0 360 acre, 15,695 square feet, more or less, of land area wrthin these metes and bounds A plat of even survey date herewith eccompames this description SURVEYED ON THE GROUND OCTOBER, 1996 ESPEY HUBTON & ASSOCIATES, INC. G Dennis Quails,~ R P DaTe Texas Registration No 4276 EXHIBIT ~A" FIELD NOTES TRACT I BEING A PARCEL OF LA~D SITUATED IN A TRACT OF LAND CONVEYED TO JEP~Y RAY M~RTIN RECORDED IN FILE NUMBER 95-R0052281, REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS (RPRDCT), AND BEING SITUATED IN TEE B.B.B &C.R.R SURVEY, ABSTRACT NO 186, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING at the most northern southwest corner of saad Jerry Ray Martln tract, sa~e being the southeast corner of a tract conveyed to Tex Morgan Mart~n, recorded ~n Volume 3178, Page 898 of the RPRDCT; T~CE N 01° 03' 34" E, along the lane common to sa~d Martan tract and saad Tex Morgan Martan tract, a dastance of 61 98 feet to the POINT OF BEGINNING, saad poant beang ~n the new south r~ght of way line of U S 77; THENCE S 58° 11' 37" E, along the new south raght of way line of U S 77, a distance of 121.86 feet to a poant for a corner an the lane common to saad Jerry Ray Martan tract and a tract conveyed to Joe W Sherra11, recorded in Volume 605, Page 464, deed Records Denton County Texas, THENCE N 88° 52' 38" W, along a line common to sald Tex Morgan Martan tract and sa~d Sherr~ll, a dastance of 39 19 feet to a poant for a corner, beang 20 feet south of and perpendicular to the new south r~ght of way lane of U S 77, THENCE N 58° 11' 37" W, 20 feet south of and parallel to the new south right of way line of U S 77, a dastance 76 26 feet to a poant for a corner an the lane co-~on to saad Jerry Ray Martan and Saad Tex Morgan Martan, THENCE N 01° 03' 34" E, along the lane common to saad Jerry Ray Martan tract and to said Tex Morgan Martan tract, a d~stance of 23 27 feet to the POINT OF BEGINNING, and conta~nang 0 0455 acres cf land, more or less. TRACTII Beginnang at a poant in the new south right of way lane of U S 77 and in the line comon to said Jerry Ray Martin tract and the tract conveyed to Joe W. Sherrill, recorded in Volume 605, Page 464, deed Records Denton County Texas, THENCE S 58° 11' 37" E, along the new south rLght of way lane of U S 77, a distance of 145 38 feet to a poLnt for a corner in the lane common to said Jerry Ray MartLn tract and a tract conveyed to R D Martan, recorded in Volume 3178, Page 886, RPRDCT; THENCE N 01° 34' 17" E, along the 1Lne common to saLd Jerry Ray MartLn tract and the saad R.D. Mart~n tract, a dLstance of 23.15 feet to a poant for a corner, said poant beLng 20 feet south of and perpendicular to the new south raght of way 1Lne of U S 77; THENCE N 58° 11' 37" W, 20 feet south of and parallel to the new south raght of way 1Lne of U S 77, a dLstance 145 40 feet to a poLnt for a corner in the line common to saLd Jerry Ray MartLn and Said Sherrall, THENCE N 01° 36' 32" E, along saad lane common, a c~stance of 23 14 feet to the POINT OF BEGINNING, and contaLnLng 0 0668 acres of land, more or less. Agenda Item AGENDA INFORMATION SHEET Date AGENDA DATE' June 6, 2000 DEPARTMENT' Engineering & Transportation CM/DCM/ACM: Dave HIll, 349-8314 '~ SUBJECT Consider adoption of an ordinance declaring a pubhc necess:ty ex:sts and finding that public welfare and eonvemence reqmres the taking and acqu]nng of an approximate 0 272 acre or 11,832 square foot parcel of land ~n Fee s~mple for street purposes :n the name of the State of Texas, acting by and through the Texas Transportation Commission and an approximate 0 0993 acre or 4,051 square foot public utility easement m the name of the C:ty of Denton, Texas for U S Highway 77, and prowdmg an effective date BACKGROUND Negotiations to acquire the reqmred right-of-way for U S H:ghway 77 W~denmg Project, parcel 33F, from Mr R D Martin, Lake Dallas, Texas have reached an Impasse Mr Marttn has stated he wants $35,496 00 (3 00 per square foot) for the nght-o£-way The apprmsal yields $14,198 00 ($1 20/sq ~t ) for the right-of-way and we have offered that amount We have also offered $1,300 00 ( 32¢/sq ft ) for the utility easement OPTIONS 1 Authorize condemnation 2 Authonze the additional expenses as described above RECOMMENDATION Staff recommends the authorization of condemnation to acquire this parcel PRIOR ACTION/REVIEW (Council. Boards. Commissions] The Planning & Zomng Commission approved the R~ght of Way Acquisition for U S H~ghway 77 Wldemng Project on July 23, 1997 FISCAL INFORMATION The cost of the condemnation process plus the dollar amount of the award MAP Attached Respectfully submitted Jen~lark, Dtrector Prepared by Engmeenng & Transportation Paul Wdhamson R~ght-of-Way Agent 2 LOCATION MAP 1~) I - 0.272 ACRE TxDOT R-O-W = 1 199 ACRE REMAINDER CI~ OF DENTON ENGINEERING & T~SPORTATION DEP~TMENT RIGHT'F-WAY DIVISION J.R. ~RT~N ~"= ~00' Planning and Zoning Minutes July 23, 1997 Page 2 Ms. Schertz. Are there any other noml-ntlons? If there are none, nomi*~.tions are closed. We will vote on the nomln_ees in the order of their nommAUon I vall list their name and then after I am through if you will raise your right hand if you are in favor As mA.y as are in favor of Jim Engelbrecht please raise your right hand (Vote - 3) As many as are in favor of Ellen $chertz please raLse your nght hand (Vote - 4) The new Chair person by majority is F.,llen $chenz. Thank you For the second nominee we will be electing Vice-Chart person Thc floor ts open. Ms Apple' I would l~ke to nominate Bob Powell Ms. $chertz Are there any further nommAUons? Mr. Moreno' I would nominate Jim Hagelbrecht Ms $chertz Are there any further nominations? Seeing none, nomlnntions are closed As many as are in favor of Bob Powell, please raise your light hand (Vote - 4) Seeing there ts a ma$onty, the new Vice-Chair person will be Bob Powell Conl~atulatlons. 11I Consider approval of the minutes of the July 9, 1997 meeting Ms $chertz Are there any corrections? Seeing none, the minutes will stand approved as written z~IV Consider mahng recommendation to the City Counc~l for the acqmsmon of the lhght-of- Way for U 3. 377 from F M 2164 to Mr Powcll That's not 377 but ts 77 Ms $chertz' You are correct. Let the minutes reflect that Mr. Powell I would move that we recommend to the City Councxl thc acqutsiuon of Right-of-Way for US 77 from FM 2164 to 1-35 Ms. O ,an, zer: Second. Ms Schertz' Is there any discussion? All in favor, please raise your right hand Mouon passes (7-0) V Consider making recommendation to the City Council for the acqmsitton of the Right-of- Way for Lakeview Boulevard Mr Powell. I move that we make recommendation to the City Council for the acqmsition of the Right-of-Way for Lakeview Boulevard .Mr. Engelbrecht. Second \\CH LGL\VOLlksharod\dept\LGL\Our Documents\Ordtnanccs~00\R D Mamn Condemnation Ordinance doc ORDINANCE NO AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0 272 ACRE OR ! 1,832 SQUARE FOOT TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET PURPOSES SUCH TITLE TO BE IN THE NAME OF THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS TRANSPORTATION COMMISSION AND SAID PROPERTY BEING LOCATED IN THE B B B & C R R SURVEY, ABSTRACT NO I86 IN THE CITY OF DENTON, DENTON COUNTY TEXAS AND AN APPROXIMATE 0 0993 ACRE OR 4,051 SQUARE FOOT PUBLIC UTILITY EASEMENT IN THE NAME OF THE CITY OF DENTON, TEXAS BEING LOCATED IN THE BBB & CRR SURVEY, ABSTRACT NO 186 IN THE CITY OF DENTON, DENTON COUNTY TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING STREET IMPROVEMENTS FOR U S HIGHWAY 77, AND DECLARING AN EFFECTIVE DATE (PARCEL 33F) WHEREAS, it ~s hereby determined that a public necessity exists and that public welfare and convemence hereby require the acquisition of the real property title and interests as hereinafter described for U S Highway 77, and WHEREAS, the heremafler described property is believed to be owned by R D Martin (the "Owner"), NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION l, That public necessity exists and public welfare and convenience require the acqms~tlon of the following a fee s~mple tffie for street purposes, with such fee simple title vesting in the State of Texas, acting by and through the Texas Transportation Commission in that certmn tract or parcel of land contmnmg approximately 0272 acre or 11,832 square feet, together with improvements thereon and appurtenances thereto as more particularly described in Exhibit "A", attached hereto and made a part hereof by reference (the "Pdght-of-Way Property"), b a public utility easement m the name of the City of Denton, Texas in, over and across that certain tract or parcel of land contmmng approximately 0 0993 acre or 4,051 square feet as more particularly described m Exhibit "B", attached hereto and made a part hereof by reference, to construct, reconstruct, ~nstall, repmr and perpetually maintain pubhc utility facilities (the "Utility Easement") The Raght-of-Way Property and Utthty Easement are hereinafter collectively called the "Property" SECTION 2. The C~ty Manager or his designee is hereby authorized and darected to make an, offer for the Property to the owner of the Property, based on just compensat, on recommended by an independent apprmsal prepared at the City Manager's direction SECTION 3, That ~n the event the offer as described m Section 2 is refused by the Owner of the Property, the City Attorney or h,s designee is hereby authorized and al, retted to file the necessary condemnat, on proceechngs or suit and take whatever action that may be necessary against the Owner and any other parties having an interest in the Pwperty to acquire fee s~mple t~tle for street purposes m the Raght of Way Property, with such fee s~mple title vesting in the State of Texas, acting by and through the Texas Transportation Commiss~on and a utility easement in the name of the City of Denton, Texas in the Utility Easement property The cost and expease of such aeqmslt~on shall be prod by the City of Denton SECTION 4, If ~t should be subsequently determined that additional parties other than those named hereto have an interest m the Property, then in that event, the City Attorney or his designee is authorized and directed to.loin smd parties as Defendants in smd condemnation SECTION ~ Th~s ordinance shall become effective ~mmethately upon its passage and approval PASSED AND APPROVED this the day of ., 2000 JACK MILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM EXHIBIT County Denton Page 1 of 2 Parcel 33F D-15- Highway y,S 77 Project Limits From I,H 38 October, 1 To U.S. CSJ 0195-02- Aooount LEGAL LAND DESCRIPTION FOR PARCEL 33F BEING A 0 272 ACRE PARCEL OF LAND SITUATED IN THE B B B & C R R SURVEY, ABSTRACT NO, 186, IN DENTCN COUNTY, TEXAS, AND BEING A PART OF A CALLED I 889 ACRE TRACT OF LAND CONVEYED TO R D MARTIN BY INSTRUMENT OF RECORD IN VOLUME 3178, PAGE 886, OF THE DEED RECORDS OF DENTON COUNTY, TEY~S (DRDCT) 8AID 0 272 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS COMMENCING for reference at a 1/2-Inch Iron rod found at the southeast comer of said R D. Martin tract, same being the southwest comer of a called 1 $89 acre tract conveyed to Jsny Ray Martin and Queva E Martin (Queva Martin tram) by instrument of record In Volume 3178, page 918 DRDCT, THENCE N 01 ° 34' 17' E, along the common line between said R D Martin tract and said Queva Martin tract, a distance of 284 21 feet to a set 5/8-1noh ~ron rod w~th an aluminum disk marked Texas Department of Transportation (TXDOT) for the POINT OF BEGINNING; said point being on the new southwesterly right-of-way line of U S Highway 77, (1) THENCE N 68° 11' 37~ W, along the new southwesterly dght of way line of U S Highway 77. a d~stance of 216 36 feet to a set S/8-1noh Iron rod with an aluminum disk marked TXDOT In the common hne between said R D Martin tract and a called 1 859 acre tract conveyed to Jerry Ray Martin by instrument of record in File Number 95-R0052281 DRDCT, (2) THENCE N 01° 34' 17' E, along said common hne, a distance of 63 16 feet to a 1/2-tach iron rod found for the northwest comer of said R D Martin tract, the same being m the existing southwesterly right-of-w-ay line of U S Highway 77; (3) THENCE $ 68° 15' 32' E, along the northerly line of smd R D Martin tract and the existing southwesterly right-of-way line of said U S Highway 77, · distance of 216 21 feet to a 1/2-inch iron rod found at the northeast comer of said R D Martin tract, same being the northwest comer of sa~d Queva Mart~n tract EXHIBIT 'A' County Denton Page 2 of 2 Parcel 33F O.15- Highway U S. 77 ProJect Umits From I,H. 35 October, 1996 To U.S 380 CS.J' 019S-O2- Account (4) THENCE S 01' :34' 17' W, along said common line, a distance of 63 44 feet to the POINT OF BEGINNING and oontainlng 0 272 acre, 11,832 square feet, more or less of land area w~thln these metes and bounds A plat of even survey date herewith aooompanlea this description SURVEYED ON THE GROUND OCTOBER, 1996 ESPEY HUSTON & ASSOCIATES, INC G D-ennls~Qualls, R P.~-~ Da:e Texas Registration No 4276 EXHIBIT "A" FIELD NOTES BEING A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO R D M~RTIN RECORDED IN VOLUME 3178, PAGE 886, P~AL PROPERTY RECORDS OF DENTON COUNTY, TEXAS (RPRDCT), AND BEING SITUATED IN THE TH0t~S TOBY SURVEY, ABSTRACT NO 1288 AND THE B B B &C R R SURVEY, ABSTRACT NO 186, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING at a poant an the new south raght of way lane of U S 77 and the 1Lne common to sa~d R D Martan tract (west 1Lne) and a tract conveyed to Jerry Ray MartLn, recorded Ln Volume 3178, Page 918 of the RPRDCT, THENCE S 58° 11' 37" E, along the new south r~ght of way lLne of U S 77, a d~stance of 265.35 feet to a poLnt for a corner Ln the 1Lne common to saLd R D MartLn tract (east l~ne) and the tract conveyed to Jerr~ Ray MartLn (west 1Lne), by Lnstrument of record an FLle Number 95-R0052281, RPRDCT, THENCE S 01° 34' 17" W, along a 1Lne common to saLd R D Mart~n tract and saLd Jerry Ray MartLn, a dLstance of 23 15 feet to a poLnt for a corner, THENCE N 58° 11' 37" W, 20 feet south of and per~endacular to the new south r~ght of way line of U S 77, a dLstance 216 35 feet to a poLnt on the lane common to sa~d R D MartLn tract (west lane) and the saLd Jerry Ray MartLn tract (east 1Lne), THENCE N 01° 03' 34" E, along the lane common to saad R D MartLn tract and saLd Jerry Ray Martan tract, a dLstance of 23 15 feet to the POINT OF BEGINNING, and contaanang 0 0993 acres of land, more or less Agenda No Item Agenda AGENDA INFORMATION SHEET 0ate -- AGEND~ DATE. June 6, 2000 DEPARTMENT Engineering &.Tran~.... CM/DCM/ACM: Dave Hill, 349 8314 SUBJECT Consider adoptmn of an ordinance declarAng a public necessary exmts and finding that public welfare and convemence requires the taking and acqmrmg of an approximate 0 267 acre or 11,629 square foot parcel of land m fee sample for street purposes m the name of the State of Texas, acting by and through the Texas Transportation Comm~smon, an approximate 0 0994 acre or 4,331 78 square foot pubhc utd~ty easement m the name of the CAty of Denton, Texas and an approximate 0 332 acre or 14,446 square foot parcel of land drainage easement m the name of the State of Texas, acting by and through the Texas Transportanon Commission for U S H~ghway 77, and provAd~ng an effecttve date BACKGROUND NegotmtAons to acqmre the reqmred right-of-way for U S Highway 77 W~demng ProJect, parcel 33A & 33AE, from Ms Carolyn S MeKmzAe, Rason, Arkansas have reached an Ampasse Ms McKanzm has responded An writing (letter attached) wAth a counter offer of $57,102 oo (1 50 per square foot) for the right-of-way The apprmsal y~elds $12,327 0o ($1 06/sq f~ ) for the right-of- way, plus $13,781 00 ($I 06/sq ft x 90%) for the drmnage easement, plus $13,215 o0 for damages and a total of $39,323 00 and we have offered that amount We have also offered $1,300 oo ( 30¢/sq R ) for the utility easement (Ms McKmzAe is agreeable to accept as stated ~n her letter attached) OPTIONS 1 Authorize condemnatAon 2 Authorize the addAttonal expenses as described above RECOMMENDATION Staff recommends the authorization of condemnatmn to acqmre this parcel PRIOR ACTION/REVIEW (Council. Boards. CommlssAonsl The Planning & Zoning CommAsmon approved the Raght of Way Acqmsltlon for U S Highway 77 W~demng Project on July 23, 1997 FISCAL INFORMATION The cost of the condemnation process plus the dollar amount of the award MAP Attached Respectfully submitted Jerr~ark(/D~ector Prepared by Eng~neenng'~/Transportation Paul Wdhamson R~ght-of-Way Agent 2 LOCATION MAP 3 / / / f t / COT ~E CreES ADD, ION Cob N Pg 320 PR 1 559 ACRE GROSS 0 _ _o_w - 0,~32 ACRE TxDOT DRAINAGE EASEMENT = 0 960 ACRE REMAINDER CI'~ OF DENTON ENGINEERING & TRANSPORTATION DEPARTMENT chrvs RIGHT-OF-WAY DIVISION ~. R. MARTIN 1" = 100' 3/30/5000 Page 2 Ms. Scheriz: Are there any other nomlnA~ions? If there are none, nomtnailons are closed We will vo~e on ~he nominees m ~he order of their nomination. I ~ li~ their name and then after I am through if you will raise your right hand if you are in favor. As many as are in favor of Jim Engelbrecht please raise your right hand. (Vo~e - 3) As many as are in favor of Ellen $cherlz please raise your fight hand. (Vo~e - 4) The new ChA,r person by majority is Ellen $chenz. T~A,~ you. Nor the second nominee we will be electing Vice-ChAir person. The floor is open Ms Apple' I would like to nomt,~Ate Bob Powell. Ms. Scbertz' Are there any funber nom-~ations? Mr. Moreno. I would nomlna~e Jim Engelbrecht Ms. $cberlz: Are there any furdler nominauons? Seeing none, nomi,~Ations are closed As many as are in favor of Bob Powell, please raise your nght hand. (Vo~e - 4) Seeing there ~s a majority, ~he new Vice-Chair person vall be Bob Powell Congralulauons Consider approval of the minutes of the luly 9, 1997 meeting Ms. $chenz: Are there any corrections? Seenl~ none, the m~mltes will stand approved Consider mAl~,ng recommendation to the C~ty Council for the acqumfion of the Right-of- Way for U.$ ~77 from F M. 2164 to 1-35 Mr. Powelh That's not 377 but is 77. Ms. Scher~z: You are correct. Let the minutes reflect Mr. Powelh I would move that we recommend to the City Counc~l the acqulsiuon of Right-of-Way for US 77 from NM 2164 to 1-35 Ms. G ,a~zer: Second. MS. Sche~z: Is there any discussion? All in favor, please raise your right hand. Motion passes. (7-0) Comider malang recommendation to the City Council for the acqmsltion of file Right-of- Way for Lakeview Boulevard. Mr. Powell' I move that we make recommendation to the City Council for the acqulsiuon of the Ihght-of-Way for Lskeview Boulevard Mr. Engelbrecht: Second. ORDINANCE NO AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0 267 ACRE OR 11,629 SQUARE FOOT TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET PURPOSES SUCH TITLE TO BE IN THE NAME OF THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS TRANSPORTATION COMMISSION AND SAID PROPERTY BEING LOCATED IN THE THOMAS TOBY SURVEY, ABSTRACT NO 1288 IN THE CITY OF DENTON, DENTON COUNTY TEXAS AND AN APPROXIMATE 0 0994 ACRE OR 4,331 78 SQUARE FOOT PUBLIC UTILITY EASEMENT IN THE NAME OF THE CITY OF DENTON, TEXAS BEING LOCATED IN THE THOMAS TOBY SURVEY, ABSTRACT NO 1288 IN THE CITY OF DENTON, DENTON COUNTY TEXAS AND AN APPROXIMATE 0 332 ACRE OR 14,446 SQUARE FOOT DRAINAGE EASEMENT IN THE NAME OF THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS TRANSPORTATION COMMISSION BEING LOCATED IN THE THOMAS TOBY SURVEY, ABSTRACT NO 1288 IN THE CITY OF DENTON, DENTON COUNTY TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING STREET IMPROVEMENTS FOR U S HIGHWAY 77, AND DECLARING AN EFFECTIVE DATE (PARCEL 33A, 33AE) WHEREAS, ~t is hereby determined that a public necessity exists and that pubhc welfare and convenience hereby require the acqms~tion of the real property title and interests as hereinafter descrthed for U S H~ghway 77, and WHEREAS, the heremat~er described property is believed to be owned by Carolyn S, McKlnz~¢ (the "Owner"), NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1. That pubhc necessity exists and public welfare and convemence reqmre the acqms~t~on of the following a fee simple tttle for street purposes, with such fee s~mple title vesting m the State of Texas, acting by and through the Texas Transportation Commission m that certain tract or parcel of land containing apprommately 0267 acre or 11,629 square feet, together w~th ~mprovements thereon and appurtenances thereto as more particularly described ~n Exhibit "A", attached hereto and made a part hereof by reference (the "R~ght-of-Way Property"), 6 b a pubhc utility easement ~n the name of the Clty of Denton, Texas ~n, over and across that certain tract or parcel of land containing approximately 0 332 acre or 14,446 square feet as more particularly described m Exbabat "B", attached hereto and made a part hereof by reference, to construct, reconstruct, ~nstall, repair and perpetually mmntaln pubhc utility facflmes (the "Utility Easement"), and c a drainage easement m the name of the State of Texas, acting by and through the Texas Transportatwn Commission m, over and across that certain tract or parcel of land eontmmng approximately 0 0994 acre as more particularly described m Exbablt "C", attached hereto and made a part hereof by reference, to construct, reconstruct, install, repair and perpetually mmntam drmnage facfl~tles (the "Drainage Easement") The Right-of-Way Property, Utflaty Easement and Drainage Easement are hereinafter collectively called the "Property" SECTION 2, The C~ty Manager or bas designee is hereby authorized and d~reeted to make an offer for the Property to the owner of the Property, based on just eompensahon recommended by an independent appraisal prepared at the City Manager's dlrect~on SECTION 3. That m the event the offer as descnbed m Section 2 is refused by the Owner o£the Property, the C~ty Attorney or bas designee is hereby authorized and d~reeted to file the necessary condenmatwn proceedmgs or su~t and take whatever action that may be necessary against the Owner and any other partaes hawng an interest in the Property to acquare fee s~mple title for street purposes ~n the Raght of Way Property, with such fee sample t~tle vestang ~n the State of Texas, acting by and through the Texas Transportation Commission, a utility easement in the name of the C~ty of Denton, Texas in the Utility Easement property and a drainage easement m the name of the State of Texas, acting by and through the Texas Transportation Commlsswn m the Draanage Easement property The cost and expense of such acqmsltlon shall be paid by the City of Denton SECTION 4. If ~t should be subsequently detenmned that additional part,es other than those nanled here~n have an interest m the Property, then m that event, the City Attorney or bas designee as authonzed and darected to join smd part~es as Defendants in said condemnation SECTION 5 Th~s ordinance shall become effective ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED flus the day of ., 2000 JACK MILLER, MAYOR Page 2 of 3 ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 3 of 3 EXHIBIT 'A' County ~enton Page 1 of 2 Parcel 33A D-15- Highway [,J.$ 77 Project Limits From I~H 35 October, To U $ CSJ 0195-02- Account LEGAL LAND DESCRIPTION FOR PARCEL 35A BEING A 0267 ACRE PARCEL OF LAND SITUATED IN THE THOMAS TOI~BY SURVEY, ABSTRACT NO 1288, iN DENTON COUNTY, TEXAB, AND BEING A PART OF A CALLED 1 SS9 ACRE TRACT OF LAND CONVEYED TO JESSIE M ANNE. AR BY INSTRUMENT OF RECORD IN VOLUME 3178, PAGE 910, OF THE DEED RECORDS OF DENTON COUNTY, TEXAS (DRDCT). SAID 0 267 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS COMMENCING for reference at the so-theast comer of the Jessie M Annear called 1,559 acre tract, from which a 1/2-in ch ~rcn rod found bears S 00° 19' 27'W, a distance of I 13 feet, THENCE N 01 ° 0~3' 34' E, along the east line of sa~d Annear tract, a d~stanca of 247 30 feet to a set 5/8-Inch iron rod w~h an aluminum disk marked Texas Department of Transportation (1~XDOT) for the POINT OF BEGINNING, said point being on the new southwesterly right-of, way line of U S Highway 77, (1) THENCE N 68° 11' 37' W0 along the new southwesterly right-of-way line of U S Highway 77, a distance of 216 58 feet to a set 5/8-Inch iron rod with an aluminum disk marked 'FXDOT, in the common hne between said Jessie M Annear tract and that certain Tract 1 conveyed to David A Coggln, Trustee by Instrument of record In Volume 2614, page 84.5 DRDCT, (2) THENCE N 01° 05' 41' E, along sa~d common hne, a distance of 62 31 feet to · 1/2-inch Iron rod found for the northwest comer of sa~d Jessie M Annear tract, the same being m the existing southwesterly nght- of-way line of U S. Highway 77; (3) THENCE S 58° 15' 32' E, along the northeHy line of said Jessie M Annear tract and the ex~sbng southwesterly right-of-way line of said U S HIghway 77, a distance of 216 39 feet to a 1/2-1nch ~ron rod found at the northeasterly comer of said Jessie M Annear tract, the same being the northwest comer of a called 1 569 acrs tract conveyed to Tax Morgan Martin as evidenced by deed recorded in Volume 3178, page 898 DRDCT, EXHIBIT 'A' Page 2 of 2 County Denton D-15- Parcel 33A Highway U S 7'( October, 1996 Project Umlts' From ~ H 35, To L} S, 380 CSJ. 0195-02- Account (4) THENCE $ 01° 03' 34' W, along said common hne, a d~stance of 6262 feet to the POINT OF BEGINNING, end contalnlng 0 267 acre, 11,629 square feet, more or less of land area within these metes and bounds A plat of even survey date herewith accompanies th~s description SURVEYED ON THE GROUND OCTOBER, 1996 ESPEY HUSTON & ASSOCIATES, INC. ' G Den~s Quails, R.PI::I~' Cate Texas Registration No 4276 ~0 ~IELD NOTES BEING A PARCEL OF LAND SITUATED 1N A TRACT OF iJ~D- COI~v~YED TO iESSiE M ANNEA~ RECOP~DED IN VOLb/4E 3!78r PAGE 910 ~EAL PROPERTY RECORDS OF DENTON COQ-~TY~ TEXAS (RFRDCT) A~ BEING SITUATED IN THE THOMAS TOBY SURVEY~ ABST~ACT NO 1288 CiTY OT DENTON, DENTON COUNTY, TEX~S, AND BEING MOP~ PARTICULARLY DESCRIBED AS FOLLOWS CO~4ENCiNG at the southeast corner of saza Am_near uract, same bezng ~he southwest corner of a tract ¢onve¥~a to Tex Morqan · ~iartln, recorded in Volume 3178, Page 898 of the RPRDCT, TBENCE N 01° 03' 34" E, along the izne common to saz~ Annear aha sazd Martzn, a d~stance of 224 03 ~eet to ~be POINT OF BEGINNING, said poznt beLng 20 feet south of and perp_end~cular to the new south r~ght of way l~ne of U S v~, tHENCE N 58: 11' 37" W, 20 fee= south of an= perpendzcular to the new south rzght of way lmne of U S 77, a d~stancm 216 60 feet =o a pomnt on the west lzne of sazd Annear tract, and the west lane of trace oonve~ed to David A Cogg~ns, Trustee trac~ one recorded ~n Volume 2614~ Page 845, !HENCE N 0!° 05~ 41" E~ along a lzne common Do sa~d Annear ~ract and sazd Coggzn tract one, a dzstance of 23 26 feet to a poznt an uhe new south rzght of way of U S 77~ THENCE $ 58~ 11' 37" E, along the new south rzgnu of way imne of U S 77, a distance of 216.58 feet to a pomn% zn the east l~ne sazd Annear tract for a corner, THENCE S 0i~ Ob' 34~ W, along the ~ast imne of sa~ Annear, a dlstance of 23 27 fe~t to the POINT OF BEGiNI~ING, an~ con=a/hang 0 0994 acres of iandr more or less EXHIBIT "A" County Denton ~ Psge 1 of 2 Parcel 33AE D*15- H~gl"~vay U S 77 Project hm~ts From I H 35 December 1998 To U S 380 CSJ 01gs-02- Account: LEGAL LAND DESCRIPTION FOR PARCEL 33AE BEING A 0 332 ACRE PARCEL OF LAND SITUATED IN THE THOMAS TOLBY SURVEY, ABSTRACT NO 1288 iN DENTON COUNTY, TEXAS, AND BEING A PART OF A CAI I PD 1 559 ACRE TRACT OF LAND CONVEYED TO .F.F.~ = M ANNEAR BY INSTRUMENT OF RECORD IN VOLUME 3178, PAGE 910, OF THE DEED RECORDS OF DE qTGN COUNTY, TEXAS (DRDCT) SAID 0 332 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY M~- ~ ~-S AND BOUNDS AS FQLLOWS COMMENCING for refere,,ce at the southeast comer of the JesaJe M Annsar celled 1 559 acre tract, from which a 1/2-~ncn ~ron rod found bearS S 00° 1 g' 27" W, a distance of 1 13 feet; THENCE N 01' 03' 34" E, along the east line of said Annesr tract, a distance of 216 46 feet to a set 5/84nch ~ron md w~th an aluminum disk marked Texas Department of Transportation ('rXDOT) for the POINT OF BEGINNING, (1) THENCE S 31 ° 41' 32" W, ¢msaing a po~on of said Jessie M Annsar tract, a distance of 251 77 feet to a set 60d nail In a Bots d 'arc tree, in the common line between said Jessie M Annsar tract and that certain Lot 1, Block 1, Lake Claes Addition, an addroon to the City of Denton per plat recorded in Cabinet N, Page 320 of the Plat Records of Denton County, Texas, (2) THENCE N 88' 52' 38" W, along sa~d common line, a distance of 58 07 feet to the southwest comer of sa~d Jessie M Annesr tract, the same being in the norttnvest comer of said I.et 1, Block 1, Lake Cilia-, Addition a found Y-inch Iron rod, (3) THENCE N 31 ° 41' 32" E, crossing a po~on of sa~d Je_~_-!e M Annsar tract, a distance of 307 91 feet to a set 5/8,1nc~ Iron rod w~ an aluminum d~sk marked Texas Department of Transportation for the new sour right- of-way llne of said U S Highway 77, (4) THENCE S 58° 11' 37" E, along the new south dght..of-way I~ne of said Highway 77, a d~stanco of 34 29 ~'ee: to a set 5/84rich iron rod w~th an aluminum disk marked Texas Depara'nent of Transportation In the easterly I~ne of said Jessie M Annesr t]'act; (5) THENCE S 01' 03' 34' W, along the easterly I~ne of said Jessie M Annear tract, a d~stance of 30 84 feet to the POINT OF BEGINNING, and containing 0 332 ac=e, 14,446 square feet. mom or less of land area w~th~n these metes and bounds A prat of even survey date herewith accompames this descnpi3on SURVEYED, ON THE GROUND DECEMBER, 1998 PBS&J B Glenn Cro~ch, R 13 LS Date .... Texas Reglstml]on NO 5255 Carolyn S McKmme October 6,1999 P O Box 285 Rlson, AR 71665 Phone (870) 357-8365 Mr Paul Wflhamson City Hall West 221 N Elm Denton, TX 76201 Dear Mr Wflhamson I have reviewed the Offer Letter, Appraisal Report and Real Estate Contract for the purchase of parcels no 33A and ~3AE, U S Highway 77 in Denton ~"-- I agree with the offer of $1,300 00 for the twenty foot wide utility easement along and adjacent to the new right of way line After reviewing the reports, I will agree to sell the above parcels for $1 50 a square foot Here is my proposal WHOLE PROPERTY I 559 ac(67,910sf) ~ $1 50/sf $101,865 PART ACQUIRED 0 267 ac(11,629 sO X $1 50/sf $ 17,444 0 332 ac(14,446 sf) X $1 50/sf 21,669 TOTAL ROW & EASEMENT $ 39,113 REMAINDER PROPERTY Market Value Before Acquisition $ 62,752 Market Value After Acquisition 44,763 BENEFITS/IE txMAGES $ 17,989 TOTAL PURCHASE PRICE Row Acqmsmon $ 17,444 Easement Estate $ 21,669 Damages (Benefits) $ 17,989 Total Purchase Price $ 57,102 According to the Apprmsal Report, the remmnder property would lose apprommately 21% of the pre-purchase value According to the report, the shape of the tract wall be "slmdar as in the before" I do not agree w~th th~s Instead of one piece of property, I will now have two triangular shaped p~eces of property w~th a drainage ditch between them One piece will not have any access, so ~s fmrly useless I hope to hear from you soon S~ncerely, Carolyn S McKlnz~e , Agenda item , ~'-/-~ ' AGENDA INFORMATION SHEET Date AGENDA DATE' June 6, 2000 DEPARTMENT' Engineering & Trans~~ CM/DCM/ACM. Dave Hill, 349-8314 ~ SUBJECT Consider adoption of an ordinance declaring a public necessity exists and finding that public welfare and convenience requires the takmg and acquiring of an approximate 0 010 acre or 452 square foot parcel of land in fee simple for street purposes such title to be an the name of the State of Texas, acting by and through the Texas Transportation Commission for U S Highway 77, and providing an effective date BACKGI~OUND Negotiations to acquire the required nght of way for U S Highway 77 Widening Project, parcel 37, from Mr John Pietrobon, Unique International, Ltd, Bedford, Texas has reached an impasse The appraisal offer of $1,044 00 ($2 31/sq ft ) was rejected Mr Pietrobon has requested that the City purchase his entire lot for $20,000 00, as evidenced in a letter herein We have no interest in purchasing the entire house lot and feel that the proposed right-of-way tract does not negatwely affect the bulldabllaty of the lot as Mr Pietrobon malntams We have a written opimon from Greg Mitchell, Bulldmg Official, which supports our posmon regarding impact (~ncluded as back-up) A 16' pubhc utility easement currently exists by plat, along the current U S 77 right-of-way line, within Mr P~etrobon's lot The existing easement absorbs the bulk of the proposed right-of-way acquisition tract, thus the integrity of the ongmal braiding envelope IS mmntmned Saleabihty and ultimate development of the tract for a tangle family residence ~s challenging because of ~ts close proximity to existing U S Highway 77, the impact of the proposed widening ~s negligible in our view Mr Pietrobon owns the first four undeveloped lots on the north side of Windsor Drive, east of the North Elm / Windsor Dnve intersection At one time dunng our dialogue with him, Mr Pietrobon had asked about the hkehhood of getting the four tracts re-zoned from single family to allow for duplexes He indicated if he could get the zoning changed then he would "work with us" on the right-of-way issue ! told ham that I would facIhtate his apphcation request in any way I could but the ultimate decision would always be at the d~scretion of the Planning & Zoning Commission and City Council I visited with Mark Donaldson, former Assistant Director of Planning, on the viability of such a rezomng application Mark related to me that such a request would not be supported by his department's staff I contacted Mr Pietrobon and briefed him on my findings He told me he did not want to risk the several thousand dollars worth of plat work and engmeenng costs to seek a zoning change that had no staff support and a high potential for derail From that point on his potation has been for the City to purchase the entire lot for $20,000 00 OPTIONS 1 Authorize condemnation 2 Authorize the additional expenses as described above RECOMMENDATION Staff recommends the authorlzat~on of condemnation to acqmre th~s parcel PRIOR ACTION/REVIEW (Council. Boards. Comm~ss~ons} The Planning & Zomng Comm~ssmn approved the R~ght of Way Acqmsltmn for U S H~ghway 77 W~denmg ProJect on July 23, 1997 FISCAL INFORMATION The cost of the condemnation process plus the dollar amount of the award MAP Attached Respectfully submitted Prep?ed by Eng~neenng & Transportation Paul Wflhamson Pdght-of-Way Agent LOCATION MAP .~... / \ ~ ..... / ~o~ ~ ~/ / ~ ~'~ / \ ~ ~ ~/ / -' / ~ / ~ .... ~ / ~ .' /,~ / 'o.-"~.~ ~. // / ~ ~ - 0.010 ACRE TxDOT R-O-W = 0 154 ACRE REMAINDER ~1~ OF DENTON EN~INEERIN~ & T~SPORTATION DEPARTMENT c,~ RIGHT'F-WAY DIVISION ~ = 50' ~/~/~ l~lanmng a,nd Zoalng Minutes July 23, 1997 Page 2 Ms. $chertz Are there any other nom~natiens? If there are none, nomlnAUons are dosed. We will vote on the nominees in the order of their nommAUon I will list their name and then after I am through ~fyou will raise your right hand ~fyou are m favor As many as are m favor of Jm~ Engelbrecht please ra~e your right hand. (Vote - 3) As many as are in favor of Ellen $chertz please raise your right hand (Vote - 4) The new ChA,r person by majority is Ellen $chertz. ThAnk you For the second nominee we will be electing Vice-Chair person The floor ~s open Ms Apple' I would like to nominate Bob Powell Ms $chertz Are there any further nommauons? Mr Moreno I would nominate Jim F_agelbrecht Ms Schertz' Are there any further nomlqations? Seeing none, nominations are closed As many as are m favor of Bob Poweil, please raise your right hand. (Vote - 4) Secmg there ~s a majority, the new Vice-Chair person will be Bob Powell Congramlauons IH Consider approval of the minute8 of the July 9, 1997 meeting Ms $cherU:. Are there any corrections? Seeing none, the rmnutes will stand approved as written IV Consider making recommendation to the City Council for the acquisition of the Right-of- Way for U.$ 377 from F.M. 2164 to 1-35 Mr Poweil That's not 377 but is 77 Ms $chertz: You are correct. Let the minutes reflect that Mr Powell I would move that we recommend to the City Council the acquls~uon of Right-of-Way for US 77 from PM 2164 to 1-35 Ms Oanzer. Second Ms. $cherlz' Is there any d~scussion? Ail m favor, please nnse your right hand Motion passes (7-0) V Consider making recommendation to the City Councti for the acqu~mon of the Right-of- Way for Lakeview Boulevard. Mr. Powdl I move that we make recommendation to the City Council for the acquisition of the Right-of-Way for Lakeview Boulevard 2vlr. Engelbrecht: Second \\CH LOL\VOLl~zhared~depfiLOL\Our Documcnts\Ordlnances\00~Unique Interna CondemnaUon Ordinance doc ORDINANCE NO AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF AN APPROXIMATE 0 010 ACRE OR 452 SQUARE FOOT TRACT OR PARCEL OF LAND IN FEE SIMPLE FOR STREET PURPOSES SUCH TITLE TO BE IN THE NAME OF THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS TRANSPORTATION COMMISSION AND SAID PROPERTY BEING LOCATED IN THE B B B & C R R SURVEY, ABSTRACT NO 186 IN THE CITY OF DENTON, DENTON COUNTY TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING STREET IMPROVEMENTS FOR U S HIGHWAY 77, AND DECLARING AN EFFECTIVE DATE (PARCEL 37) WHEREAS, it ~s hereby determined that a pubhc necessity exists and that pubhc welfare and convcmence hereby require the acqmslt~on of fee s~mple t~tle for street purposes, w~th such fee s~mple t~tle vesting in the State of Texas, acting by and through the Texas Transportation Commission an the hereinafter described land for the for U S Highway 77 and that the C~ty of Denton should acquire said property necessary for said purpose at the City's cost and expense, and WHEREAS, the hereinafter described property ~s beheved to be owned by Umque International, LTD (the "Owner"), NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1. That pubhe necessity exists and pubhc welfare and convenience reqmre the acquisition of fee rumple title for street purposes, w~th such fee s~mple title vesting in the State of Texas, acting by and through the Texas Transportation Commission ~n that certain tract or parcel of land contaimng approximately 0 010 acre or 452 square feet, together with improvements thereon and appurtenances thereto as more particularly described m Exhibit "A", attached hereto and made a part hereof by reference (the "Property") SECTION 2. The City Manager or his designee ~s hereby authorized and d~rected to make an offer for the Property to the owner of the Property, based on just compensation recommended by an independent appraisal prepared at the C~ty Manager's direction SECTION 3. That m the event the offer as described in Section 2 is refused by the Owner of the Property, the C~ty Attorney or his designee ~s hereby authorized and directed to file the necessary eondenmation proceechngs or stat and take whatever action that may be necessary against the Owner and any other parties having an ~nterest m the Property to acqture fee s~mple title for street purposes In the Property, wlth such fee s~mple title vesting m the State of Texas, actang by and through the Texas Transportation ComllllSSlOn The cost and expense of such aequasataon shall be paid by the Caty of Denton SECTION 4. If It should be subsequently determined that addataonal parties other than those named hereto have an interest an smd property, then ~n that event, the C~ty Attorney or his desagnee is authorized and d~rected to joan smd part,es as Defendants m saad condemnation ~ This orchnanee shall become effective ammed~ately upon its passage and approval PASSED AND APPROVED tbas the day of ,2000 JACK MILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY EXHIBIT 'A" County D~nton Page 1 of 1 Highway U.S. 77 Project Umits. From I.H. 35 Rev October 27, 1994 To U.S. 3SO CSJ 0195-02. Account FIELD NOTES FOR PARCEL 37 BEING A PARCEL OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO BILL McCLELLAN, TRUSTEE, RECORDED IN VOLUME 2899, PAGE 59, DEED RECORDS OF DENTON COUNTY, TEXAS (DRDCT), SAME BEING OUT OF BLOCK 2, LOT 18 OF THE SNIDER ADDITION, SECTION ONE, RECORDED IN CABINET D, PAGE 113, MAP RECORDS OF DENTON COUNTY, TEXAS (MRDCT}, AND BEING SITUATED IN THE B.B.B & C R R SURVEY, ABSTRACT NO. 188, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING for reference at a found 1/2-Inch iron rod for the northeast comer of said Lot 18 end the aoutheas! corner of Lot 17, Block 2 of eald Snyder Addition, eame being a point In the existing west right of way line of Windsor Drive (a 60-foot right of way) end eeld point being in a non-tangent circular curve to the right having a radius of 510.83 feet; THENCE along the east property line of said Lot 18 and along said curve to the right through a delta angle of 05° 11' 09', an arc dletance of 46.23 feet, end having a chord which bears S 31 o 16' 49' W, a distance of 46.22 feet to · set 5/8-1nch rod for the POINT OF BEGINNING, being in the new north right of way line of U S. 77, end being in a non-tangent circular curve to the right havtng· radius of 510.83 feet; (1) THENCE continuing eouthweetariy, along the east I.ne of said McClellan tract and along said curve to the right through a delta angle of 02° 46' 35', an arc distance of 24.75 feet, and having a chord which bears S 35° 06' 06' W, a distance of 24.75 feet to a pmnt for the southeast corner of said Lot 18, same being a point on the existing north right of way line of U.S 77; (2) THENCE N 68° 09' 24' W, along a line common to sa~d McClellan tract and said existing north right of way line of U.S. 77, a distance of 84.70 feet to · set 518-inch iron rod with an aluminum cap, said point being on the new north right of way line of U.S. 77, and being in · non-tangent circular curve to the left having a radius of 3759 72 feet; (3) THENCE southeasterly, along the new north right of way line of U.S 77, and along said curve to the left, through a delta angle of 00° 58' 25', an arc distance of 63 89 feet, and having a chord which bears S 62° 14' 30' E, a distance of 63 89 feet to a set 5/8-inch iron rod wtth an aluminum cap, (4) THENCE N 79° 49' 43' E, with the new north right of way line of U.6 77, a distance of 30 12 feet to the POINT OF BEGINNING, and containing 0 010 acre, or 452 square feet of land, more Or ieee. John F Wilder,' R.P.L.S. Date Texae No 4285 Treasure Star Prope~ttes Fund, Inc P O Box 1896 Arhngton, Texas 76004 January 21, 2000 City of Denton Engineering &Transportatton Dept 221 North Elm Street Denton, Texas 76201 Attention Paul Wdhamson Re' Lot 18, Block 2, Snlder Addmon, Section One Dear S~r As stated m my letter to you of September 18, 1999 and the numerous conversations with you smee then, I cannot accept the right of way aeqms~tlon as proposed Our contentmn has been and remmns that expropriating 25 feet of frontage on tlus corner lot will result ~n an unmarketable piece of land under ~ts present zomng It would be unmarketable not only because of the severe reduction tn frontage, but also because a corner lot on an expanded tughway ~s not a desirable feature Our posmon remmns that the City purchase the entire lot and for tlus lot, I am prepared to accept an offer of $20,000 00, Please advise of the City's position S~ncerely, John P~etrobon CITY OF DENTON, TEXAS CITY HALL WEST. 221N ELM. DENTON, TEXAS 76201 (940) 349-8350 · FAX (940) 349.7707. DFW METRO 434 2529 September 7, 1999 .l'ohn Peltrobon 324 W Windsor Denton, TX Dear Mr Pe~trobon The proposed right-of-way acquisition on Lot 18, Block 2 will have no impact on the net bufldable area of this lot The portion of your property that is being proposed as right-of- way is totally contained wlttun a sixteen-foot utility easement City of Denton regulations prohibit structures of any kind from being erected within this designated utility easement If you should have any questions regarding this issue please feel free to contact me at 940 349 8360 AGENDA INFORMATION SHEET AGENDA DATE. June 6, 2000 DEPARTMENT. Planning Department CM/DCM/ACM' David H~ll, 349-8314'"'-~.f"~ SUBJECT - Z-00-007 (PrtmeCo Communications) Hold a pubhc heanng and consider approving a Detmled Plan for approximately 0 08 acres w~thm Planned Development 172 (PD-172) zoning dmtnct The property ~s located on the south end of the corner of Nowhn Road and Nowhn Road The intent is to install new famhtles at an existing cellular telephone tower s~te The Planning and Zomng Commission recommended approval (7-0) w~th condmons BACKGROUND The apphcant has requested to add a 10' x 13' equipment shelter to an existing 60' x 60' cellular telephone tower site located near the bend of Nowhn Road ~n southeast Denton (see Attachment 1) Because the property ~s located within a Planned Development, a Detaded Plan needs to be approved before th~s bmld~ng can be put m place ~' The subject property is located m the Planned Development 172 (PD-172) zoning district The Concept Plan for PD-172, approved by Ordinance No 99-257 on August 3, 1999, specifically reserves this 60' x 60' property as a telecommtmmat~ons tower s~te } Three (3) property owners were notffied of the zoning request One (1) response in opposition to the request has been received This letter of opposition, from Pulte Corp, constitutes over 20% of the land area w~thln 200 feet, thus requmng a 3/4th majority for approval (see Enclosure 2 of Attachment 1) PRIOR ACTION/REVIEW The following ~s a chronology of Z-00-007, commonly known as PnmeCo Commtmlcatlons Apphcatlon Date - April 11, 2000 DRC Date(s) - April 20, 2000 P&Z Date - May 10, 2000 ESTIMATED PROJECT SCHEDULE The subject property ~s not platted and would need to be platted prior to any development FISCAL INFORMATION None P&Z RECOMMENDATION The Planning and Zomng Commission recommends approval (6-0) of this zoning request w~th the following cond~tlons 1 L~ght~ng on the property shall be designed and maintained so as not to shine on or otherwise disturb surrounding residential property or to shine and project upward to prevent the diffusion ~nto the night sky 2 Applicant will work with staff to design appropriate vegetative screening around the perimeter of the property w~th appropriate plants Since the Planning and Zoning Commission heanng, the applicant has had a meeting with staff regarding,the planting of shrubbery around the perimeter of the property This condition has been incorporated Into a revised Detailed Plan (see Attachment l) OPTIONS 1 Approve as submitted 2 Approve with conditions 3 Deny 4 Postpone consideration 5 Table item ATTACIIMENTS Planning and Zomng Comunsslon Report, May 10, 2000, Z-00-007 Planmng and Zoning Commmsmn minutes from May 10, 2000 Draft Ordinance Respectfully submitted D~rector of Planmng and Development Prepared by /Tholhas ~ Gray ~/ Planner I ATTACHMENT 1 Agenda No d ~ .' (~ (/ Agenda Item PLANNING AND ZONING COMMISSION STAFF REPORT Sublect PnmeCo Commumcabons Case Number Z-00-007 Staff Thomas B Gray Aoenda Date May 10, 2000 Hold a pubhc hearing and consider making a recommendabon to the C~ty Councd regarding a Detaded Plan for apprommately 0 08 acre in the Planned Development 172 (PD-172) zoning dlstnct The ~ntent ~s to install new facd~t~es at an emst~ng cellular telephone tower s~te LOCATION MAP Location South end of the corner of Nowhn Road and Nowhn Road Size about 3,600 square feet Z O0 00; Slaff I~el~OH Apphcant Masterplan Owner PnmeCo Personal Commumcabons 500 South Ervay, Suite 112-B 5221 N O'Connor Bird, Suite 1000 Dallas, Texas 75201 Irving, Texas 75039 PnmeCo Communications proposes to add a 10'x13' equipment building to an existing 60'x60' cellular telephone tower site located near the bend of Nowlln Road ~n southeast Denton (see Enclosure 1 ) Because the property is located with a Planned Development, a Detailed Plan needs to be submitted and approved,before th~s building can be put ~n place The 60'x60' s~te constitutes Tract 4 of the Concept Plan for PD-172 The cellular tower was erected pnor to the annexation of the property and the creation of PD-172 The Ordinance creabng the PD-172 Concept Plan specifically reserves th~s property as a telecommumcabons tower site The 10'x13' equipment building ~s ~ntended to enhance the operabon of the ex~sbng tower (see Enclosure 4) I Transportation The proposed development ;s an unmanned ut~hty facility It ~s not expected to generate any s~gmflcant traffic 2 Ut,l,tles Th~s site requires no water or wastewater service A fire suppression system w~ll be provided w~th~n the proposed equipment building 3 Drainage and Topography New development will be required to design and construct a drainage system to c~ty standards Th~s development ~s not expected to have any slgmflcant ~mpact on ex~sbng drainage 4 S,gns As per the s~gn ordinance 5 Off-Street Parking New development must prov;de parking according to the regulations of Chapter 35 (35-301) of the Code of Ordinances 6 Landscaping This property w~ll have to comply with the new Landscape Code, which requires fifteen (15) trees per acre and twenty (20) percent of all surfaces to remain pervious (plantable area) Z 190 00/Staff Reporl 7 Open Space and Recreational Areas Th~s nonresidential development will not be required to parbc~pate ~n the development of publ;c recreational areas 8 Lighting Lighting on the property should be designed and maintained so as not to sh~ne on or otherwise disturb surrounding residential property or to sh~ne and project upward to prevent the d~ffuslon ~nto the night sky This requirement can be written ~n as a condition of the ordinance approving the Detailed Plan 9 Enwronmental Qualitylmpacts None are anticipated August 3, 1999 - The subject property was part of a 65 174-acre tract annexed ~nto the C~ty of Denton by Ordinance 99~256 The same property was zoned Planned Development 172 (PD-172) by Ordinance 99-257 The subject property is not platted and would need to be platted prior to any development Nobce of the zoning request was pubhshed ~n the Denton Record-Chromcle on Sunday, Apnl 30, 2000 Three (3) property owners w~th~n two hundred feet were marled legal nobces and forty-six (46) residents w~th~n five hundred feet were sent courtesy notices inform~ng them of the request (see Enclosure 2) As of th~s writing, there has been one (1) response in oppos~bon to the request This response, from Pulte Corp, constitutes over 20% of the land area w~thln 200 feet (see Enclosure 3), thus requ~nng a supermajonty vote at C~ty Council to approve the Detailed Plan No neighborhood meebngs were held Staff recommends approval of Z-00-007 w~th the following condition 1 L~ght~ng on the property shall be designed and maintained so as not to shine on or otherwise d~sturb surrounding residential property or to sh~ne and project upward to prevent the diffusion ~nto the night sky g O0 00/Staff I move to recommend approval of Z-00-007 w~th the following condition I L~ght~ng on the property shall be demgned and mmntmned so as not to shine on or otherwise d~sturb surrounding remdent~al property or to sh~ne and project upward to prevent the d~ffus~on ~nto the mght sky 1 Recommend approval as submitted 2 Recommend approval w~th conditions 3 Recommend dental 4 Postpone consideration 5 Table item, 1 Detailed Plan 2 200'-500' Notification Map 3 Property Owner Responses (1) 4 Ordinance 99-257 (PD-172 Concept Plan) (Pages 1,2, 4, 8) Z O0 00/Staff Rel×)d 6 / ~ o ®ii~ ENCLOSURE 2 ~ NORTH Z-00-007 (PrimeCo Communications) 200'-500' NOTICE MAP 200' Legal Notices sent v~a Certified Ma~l 3 500' Courtesy Notices sent v~a 1st Class Ma~l 46 Number of responses to 200' Legal Notme · Opposed 1 · In Favor 0 · Neutral 0 Percent of land w~thln 200' ~n opposlbon 37 6% Agenda Date May 10, 2000 Scale None ~gn IZ 41 FI~0~PULTE I~E$/I)ALLAS ENCLOSURE 3 ,115~8 T-SO4 OOZ/OOZ F-IZZ HEA / NOT'J:CE OF PU. BLTC Z-00 007 Th~,~,,~.-~,,~"-7~..j~ Commmsion of the City of Denton will hold a public hearln~..~ Wed_ne?cl..ay: /-'~PandZDate~, 199~nslder maklng a recommendation to the C~ Counc( regar~ II ~--P-~.fer-'~fl~Emately 0.08 acre in the Planned Development 172 (PD-172) zonlng district The property is located on the south end of the comet of Nowiln Road and Nowl~n Road The intent is to develop a cellular telephone tower site The public heating will start at 6:00 p m in the City Council Chambers of City Hall located at 215 E, McKinney Street, Denton, Texas Because you own proper~y withtn two hundred (200) feet of the subject property, the Planning and Zoning Commission would I~ke to hear how you Ileal about this zoning change request and invites you to attend the public heanng Please, m order for your opinion to be taken Into account, return th~s form with your comments prior to the date of the public hearing. (This In no way prohibits you from attending end pa~clpatlng in the public hearing ) You may fax It to the number located at the bottom, mall It to the address below, or drop It off in-person Planning and Development Depel b.ent 221 N. Elm ST Denton, Texas 76201 Attn: Thomas B. Gray, Planner I The zoning process Includes two public hearings designed to provide opportunities for mt~zen involvement and comment Prior to the public hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this notice The first public hearing held before the Planning and Zomng Commission The Commission Is informed of the percent of responses in support and in opposItion Second, the zomng petition Is forwarded to the City Councd for final action providing the commission recommends approval Should the Commission recommend denial, the peM~oner may then appeal the request to the City Counal If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit written opposition, then mx out of seven votes of the C~ty Council are required to approve the zoning change These forms used to calculate the percentage of landowner opposition. Please circle one' In favor of requast Neutral to request ~d to reque~'t~ Comments: Telephone z-~ ~ zoo' N~ AN ORDINANCE OF ~ C~ OF D~ON, T~, PRO~G FOR A ~OE ~OM AG~~ (A) ZO~O DIS~ CL~S~ICA~ON ~ USE DESI~NA~ON TO PL~D DE~LOP~ ~D) ZO~O DIST~CT CL~S~ICATION ~ USE D~IGNA~ON FOR 65.17 A~ OF L~ GE~LY LOCATED SO~ OF NO~ RO~ ON T~ EAST SInE OF FM 2181 (TEASLEY L~) GEntLY OPPOSITE m~ORY C~EK KO~, PRO~O FOR A P~ ~ ~ ~ ~O~ OF $2,000 00 FOR ~OLA~ONS ~OF, A~ PKO~O FOR ~ E~EC~ DA~ (Z- 99-02s) ~, Ben Pmell on be~ofPmell / Fo~, ~c h~ apph~ for a chmgo m ~mg for 65,17 acr~ ofl~d ~om A~oul~l (A) zomg d~s~ot ol~s~floatmn ~d uso desk.at,on to Plied Development ~D) ~mg d~s~ot ol~s~fioation ~d use d~at~on; ~d ~, on ~e 9, 1999, ~o Plug ~d ~g Co~ssmn ~ended appwv~ of~o r~uost~ ch~ge m ~mng, ~d ~, ~o C,~ Co~cfl ~ ~at ~e ohio m ~ ~ll bo m ~mph~ce ~ ~e 1988 Denton,D~elopment Pl~, ~e 1998 D~ton Plm Pohc~, ~d ~o 1999 ~o~ M~agement S~ateD~ ~d PI~, NOW, ~E~FO~, ~ CO~C~ OF T~ CITY OF DENTON HE. BY O~S ~, ~at ~o zomg d~smct cl~s~ficat~on ~d use des~ahon of~e 65 17 acre propo~ ~ desonb~ ~ ~o legal description a~ach~ hereto ~d ~orated h~om ~ E~b~t A ~s ch~ged ~m A~oul~ (A) zomng d~s~ot cl~s~fica~on ~d use desi~ahon to Pl~ Developm~t ~D) zo~g ~s~ct old,flea, on ~d ~o des~ahon ~d~ ~e wmp~hem~vo wing ordmmce of~o C~W of Denton, Tox~ ~ ~at E~blt B, a~aoh~ h~eto ~d ~co~orated h~em by leferonce, is approv~ ~ [~e Cono~t Pl~ for ~s Dis~ct, subject to ~e follo~g con~fio~ 1. ~at p~ l~d us~ ~d ~s~o~o~ fo~ Tracts 1 ~d 2 s~ll bo ~ose po~ m ~'SF-10 ~g ~s~ot ~d ~ eh~blo for l~d ~ p~ ~ a Sp~fic Uso Pe~t m ~ ~f~ly dwelhng (SF-10) ~mg ~s~ct 2 ~o PD req~emon~ for ~sot 3 ~o a~aoh~ hereto ~d mco~orated hereto by reference ~ E~b~t C ~at p~ l~d uses for Tract 3 shall bo ~ose pom~ed m ~ SF-7 zo-lug ~s~ot ~d ~ eh~ble for l~d ~ p~ed ~ a Spastic Use Pemt m ~ ~f~ly 4wo~g (SF-7) ~"'"S ~smot pw~ded ~at ~o m~m de~ for ~ct 3 sh~ bo 140 on~f~ly dwell~ ~ 3. ~t p=mfi~ l~d ~ ~d ~cfio~ for ~t 4, a 0 082 acre (a~w~atoly 60 foot,by 60 foot) ~e% bo r~ct~ to a tel~m~ca~o~ tower PAGE 1 10 4 That Exlnblt D - Top of the Hill Subdlwslon - ~s attached hereto and incorporated hereto by reference to be used as a grade for the final or detmlcd plan open space reqmrements SECTION 3 That the City's officml zomng map ~s amended to show the change ~n zornng d~stnct classification SECTION 4 That any person wolatmg any prowsmn of tins ordinance shall, upon conwction, be fined a sum not exceeding $2,000.00 Each day that a prowslon of tins ordinance ~s v~olated shall constitute a separate and distract offense ~IIQ~.. That tlus ordinance shall become effective fourteen (14) days from the date of~ts passage, and the City Secretary ~s hereby d~rected to cause the caption of tins ordinance to be pubhshed twice in the Denton Kecord-Chromcle, a daily newspaper pubhshed m the CRy of Denton, Texas, w~tlun ten (10) days of the date of its passage PASSED AND APPROVED tins the ,~--~'day of~ 1999 ATTEST. JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM, HERBERT L PROUTY, CITY ATTORNEY PAGE 2 _ ATTACHMENT 2 1 don't think. Any other comment? If not, we have a motion 2 to with conditions. Vote, please. Motion carries approve 3 Six tO one. 5 MR. ENgELBRECHT: And do you want to take tsn~ 6 minutes or move onto the next case? Ten minutes. All ~ 7 right. We'll take a ten-minute break. ~ 8 (BREAK TAKEN) 9 MR. ENGELBRECHT- Okay. At this txme, we will 10 move on in our public hearings to Agenda Item No. 6, 11 which is to hold a public hearing and consider making a 12 reco~muendation to the City Council regarding a detailed 13 plan for approximately 0.08 acres in the Planned 14 Development 172 zoning district. The property is located 15 on the south end of the corner of NowlLn Road and Nowlin 16 Road. An equipment building for a aellular telephone 17 tower is proposed. At this time, I'll open the publLc 18 hearing and ask Mr. Gray from the Planning Department to 19 provLde us with the staff report and recommendation. Sir. 20 MR. GRAYs Thank you, Mr. Chairman. Just 21 briefly if I could have the document camera up. This is a 22 ~~ the site is a 3,600 square feet tower site here at the 23 bend in Nowlin Road. I did bring some pictures of ~t just 24 to let you see. It is -- the tower on the property is 25 existing. The tower was built when the property was still PLANNING AND ZONING DRAFT MAY 10, 2000 128 14 i in the extr&territorial jurisdiction but sometime last 2 year, the property wes annexed and zoned as part of a 3 Planned Development. And as part of the concept plan for 4 the Planned Development, this tower site wes set aside in 5 the concept plan Just es use for a tower s~te 6 Because it is in a PD, the applicant will need 7 to submit a detailed plan and has submitted a detailed 8 plan to put a 10 X 13 equipment building on the tower. 9 And this is a closer view of the tower site. I have a 10 couple of more pictures here There's one picture of the 11 tower site looking from the Windstone at Oakmont property, 12 I believe. And then the development of the Oakmont 13 property, this is generally what it looks l~ke right now. 14 It is a brand new subdivision 15 I did receive one letter of opposition from 16 the folks at Pulte. They ere the people who are 17 developing Windstone et Oekmont. And their letter of 18 opposition, it equates to 37.6 percent &ssuming that they 19 still own all of these lots in here. This is a new 20 subdivision. Our most recent tax information does not 21 have any information as to any of these lots being sold 22 off since we~ve received our last, our most updated tax 23 rolls. So it's very probable -- well, I don't know if 24 it's probably, but it's possible that there is some lots 25 in here that are no longer owned by Pulte but are owned by PLANNING AND ZONING DRAFT MAY 10, 2000 129 15. I individual homeowners. And if that were the case, then 2 this opposition would not -- we would subtract that from 3 the opposition. But, like I said, we don't know that at 4 this point because we don~t have the most recent 5 up-to-date tax information. 6 As I said, what they are planning or proposing 7 is a 10 X 13 cell tower site or an equipment building to 8 go by the cell tower site. And that's basically it I 9 can answer questions or I could have the applicant -- 10 MR. ENGELBRECHT= And the staff 11 recommendation? 12 MR. ORAY~ The staff recommends approval. 13 MR. EN~ELBRECHT~ Is there a condition? 14 MR. G~AY~ The only condition that we have 15 proposed at this time is our standard lighting condition. 16 MR. ENGELBRECHT~ Okay. There appears to be a 17 question. Ms. Gourdie. 18 MR. GOURDIE~ I was just curious. Are they 19 going to have to do any kind of screening of the fence 20 that they have or any kind of putting in plants? I 21 realize it Just says will have to comply with the new 22 Landscape Code hut I'm wondering if there's any other 23 buffers or visual buffers or anything allowed or 24 requested. 25 MR. GRAY~ We have not proposed any. They're PLANNING AND ZONING DRAFT MAY 10, 2000 130 16. i complying with the Landscape Code. Since this property is 2 so small, it equates to maybe one tree that they might 3 have to plant. But we have not proposed any screening but 4 that is certainly something that the Commission can 5 consider. 6 MS. GOURDIE~ Thank you 7 M~. ENGELBRECHT~ Would you put that other map 8 back up, the one you had? 9 MR. GRAY~ The opposition map? 10 MR. ENGELBRECHT~ No. Yes, I guess it was the 11 opposition map so it would show the area So we do have a 12 number of single-family residences that would back up to 13 this site? 14 MR. GRAY~ L~h-huh. 15 MR. ENGELBRECHT~ And what about across the 16 road, same way? Yes, yes. 17 MR. GRAY~ Across here? 18 MR. ENGELBRECHT= Right. 19 MR. GRAY~ Well, that -- actually, we will be 20 seeing a detailed plan for that property at our next 21 Planning and Zoning Commission meeting. 22 MR. ENGELBRECHT~ Okay I believe we have 23 another question. Mr. Rishel 24 MR. RISHEL= My map shows a residence at least 25 on one of these properties that's in that zone. But you PLANNING AND ZONING DRAFT MAY 10, 2000 131 17. i don~t know for sure -- I mean, I would presume that that 2 residence would indicate to me that that's a property 3 that's owned by someone else. 4 MR. GRAYI Right. 5 MR. RISHEL= And we don~t know for sure? 6 MR. GRAYI We donft know for sure. 7 MR. RISHEL~ Is there any other structures on 8 any of those lots that are potentially in that 200-foot 9 range? 10 MR. GRAYs Well, when I went -- there's this 11 house right here which is -- I don't know if that is -- 12 that's the only one that seems to be close to this 13 property at this time. This one -- there's a house back 14 here, as well. You might not be able to see it as well 15 but I don~t think that was withLn 200 feet. Of course, I 16 didn't have any way of measuring. But if there are any 17 houses developed on this property, I would say that the 18 number would be very small. 19 MR. ENGELBRECHT~ I would ask, given the 20 weight that the 20 percent rule carries, I would ask staff 21 to determine before this goes to City Council whether any 22 of those lots have sold. Because the lot may have sold 23 and there still not be a house constructed on it. In 24 which case -- 25 MR. RISHEL= They're not the owner. PLANNING AND ZONING DRAFT MAY 10, 2000 132 18. 1 MR. ENGELBRECHT: Right. And the 20 percent 2 rule could go away or the owner needs to be notified. 3 MR. GRAY: That is something to do. 4 MR. ENGELBRECHT~ I recognmze we don't have to 5 notify them because it's not on the updated tax roll 6 legally, but we still ought to know whether, mn fact, it 7 would negate the 20 percentage. 8 MR. GRAY: Right And that is something that 9 we will be looking into. I think we'll have to contact 10 the Central Appraisal District to see 11 MR. RISHEL: Do I still have the floor? 12 MR. ENGELBRECHT: Oh, okay. I'm sorry, Mr. 13 Rishel. i thought you were -- 14 MR. RISHEL~ And so the next question becomes 15 is -- the tower was put in approximately how long ago? 16 MR. GRAY~ I don't know that. I'd have to 17 defer that question to the applicant 18 MR. RISHEL: I'll wait for the petitioner to 19 speak. 20 MR. ENGELBRECHT: I'm sorry. Anything else? 21 MR. RISHEL: I'll wait for the petitioner. 22 Thank you. 23 MR. ENGELBRECHT: Okay. Ail right. Any other 24 questions? Mr. McNeill. 25 MR MCNEILL: What they propose to do is put PLANNING AND ZONING DRAFT MAY 10, 2000 133 19 i in a maintenance building around an existing tower. The 2 fence is already there. The tower is already there. And 3 all they want to do is put in a small maintenance % building. That's all they're asking for. And as I look 5 at the map, let me make sure I'm reading this map right, 6 there,s only two properties on this notice map, of course, 7 unless yours is different from mine. But it looks to me 8 like there's only two properties that physically come up 9 against that, that small site. 10 MR. GRAY~ You're probably looking at this one 11 right here. 12 MR. MCNEILL~ Yes. 13 MR. GRAY~ There's a sate and then there's one 14 lot at Windstone at Oakmont and then one lot that actually 15 doesn't even reach the site because of the -- 16 MR. MCNEILL~ That's true, too. Because 17 t~at~s a road there, isn't it, Nowlin Road? 18 MR. GRAY~ Right. And that's the right-of-way 19 for Nowlin Road that separates there. 20 MR. MCNBILL~ Ail right Thank you 21 MR. ENGELBRBCHT= Any other questions? Thank 22 you, Mr. Gray. Is the petitioner or petitioner's 23 =epresentative present? If you would, give us your name 2% &nd business address for the record. 25 MS. WILLIAMS~ Good evening. My name is PLANNING AND ZONING DRAFT MAY 10, 2000 134 20 i Cheryl Williams, Masterplan in Dallas. Chairman, 2 Commissioners, I~m here to answer any questions you have. 3 To give you a real quick history, I did pass out a handout % that has the general history of the location. It was on 5 or about July 30th of t99 when the tower was erected. 6 That was prior to annexation and with a County building 7 permit. Also for your information, there was no building 8 permits issued for any homes or development of the 9 property in existence until that August So the tower was 10 there prior to any development around at. 11 And we are only asking to make the tower 12 operational. There's also some equipment delays. We were 13 unable to complete the project at the time the tower was 14 installed so we have since fallen ~nto the process as it 15 results of annexation and just are moving through the 16 process. I think we're in compliance with all the 17 requirements that staff has indicated and we are 18 requesting approval for this detailed plan. 19 MR. ENGELBRECHT~ All right. Questions? Mr 20 Rishel. 21 MR. RISHEL~ Thank you for the answer on that. 22 I have a legal question. It seemed like there was some 23 piece of State regulation or legislature that came through 24 a couple of years ago that was specifically dealing with 25 cell towers and communication forms Is there anything PLANNING AND ZONING DP, AFT MAY 10, 2000 135 21 i that you can think of that allows for cell towers to take 2 some sort of preference in zoning and regulations within 3 cities? 4 MR. SNYDER. Well, there's some Federal 5 regulations dealing with cell towers but I don't think 6 it's specifically applicable to thxs situation. 7 MR. RISHEL: Can you suaunarize what that 8 references? 9 MR. SNYDER: Well, basically that your 10 requirements for approving cell towers have to be uniform 11 and nondiscriminatory. In other words, you can't -- 12 MR. RISHEL: Be arbitrary and capricious? 13 MR. SNYDER: You can't discriminate against 14 one telecomunications company over another. 15 MR. RISHEL: I see. 16 MR. SNYDER= That you have to have regulations 17 so that you can zone them but you have to be 18 nondiscriminatory and treat them fairly and treat them 19 equally. This particular issue though had really nothing 20 to do with the cell tower because 21 zoned, as I understand it, is already in -- it's this 22 building. 23 MR. RISHEL: It's zoned as a non-compliance or 24 it's zoned as a -- 25 MR. POWELL~ It's a conforming use. PLANNING AND ZONING DRAFT MAY 10, 2000 136 22. i MR. RISHEL: -- conforming use. Okay. 2 MR. POWELL: To the PD. 3 MR. SNYDER: As I understand it from the % backup, it was already zoned in a PD previously. 5 MR. RISHEL= When we annexed it. 6 MR. SNYDER: Yes. 7 MS. WILLIAMS: In fact, the ordinance is so 8 s~ecific that it indicates that nothing other than a 9 telecommunications tower could go ~nto this specific 10 location. 11 MR. ENGELBRECHT: Okay Mr Williams. 12 MR. WILLIAMS: Yes. I just heard bits and 13 pieces of e conversation from some citizens while I was on 14 break and it seems they're concerned with safety. What 15 materials will be stored there at the -- in the building? 16 MS. WILLIAMS~ The building will only house 17 the equipment, power equipment, electrical equipment to 18 power the tower. 19 MR. WILLIAMS: Electronic equipment 20 MS. WILLIAMS: Electronic equipment, yes. 21 MR. WILLIAMS: Thank you. 22 MR. ENGELBRECHT: Ms Gourdie. 23 MS. GOURDIE: Thank you. I was Just -- my 24 question was the landscaping part, since they are against 25 a residential area other than the -- here it's a PLANNING AND ZONING DRAFT MAY 10, 2000 137 23. 1 manufactured home retail outlet which ms a little 2 different than having to live next to it. Do you have any 3 plans for any kind of visual buffer for the residentxal 4 areas? 5 MS. WILLIAMS: Well, there Ks an existing tree 6 line that you saw in some of the pictures and I think, as 7 is indicated, we feel like we were in compliance with the 8 requirements in your ordinance. 9 MS. GOURDIE: Right. I realize that and I'm 10 more one of those ones that goes above the minimum and 11 would like to see a little bit more given to the aspect of 12 having to live behind it. And I guess that's what part of 13 what Pulte's experiencing is that they don't want to have 14 to sell a piece of land wherewith they're looking at And 15 I have to say this isn't exactly, you know, the best bird 16 habitat. 17 MS. WILLIAMS: We chose that one because it 18 would show the building the best. 19 MS. GOURDIE: Right. And thxs is probably 20 what we're probably going to get, rmght? 21 MS. WILLIAMS: This is very similar. 22 MR. ENGELBRECHT: Mr. Gray, would you put the 23 photograph up that you have of the existing site? 24 MS. GOURDIE: And so I guess my whole thing is 25 is that as a resident, this msn't something that I would PLANNING AND ZONING DRAFT MAY 10, 2000 138 24. I really want to have to purchase my home and look at. So 2 I~m asking as a compromise to what they're feeling, is it 3 an appropriate use of the land even though legally this is % what the land is designed for. How can can we find a way 5 to visually make it a little bit more upgraded for these 6 people who are buying their homes r~ght there? 7 MS. WILLIAMS= I think we'd be open to some 8 additional landscaping. If you'd like for us to talk with 9 staff about how we might make some addition to it, I don~t 10 think that's something that we would object to. 11 MS. GOURDIE~ Thank you, Cheryl. 12 MR. ENGELBRECHT~ In that line, is the fence 13 actually on the property line? 14 MS. WILLIAMS= It is 15 MR. ENGELBRECHT= It is? Ail right. Before 16 you leave, I would ask staff is it -- I don~t know if we 17 have the landscape folks here. Is it possible to do 18 something that would -- some sort of vining that would 19 grow on that fence and then a requirement for something 20 behind it, something that grows up six, eight feet? Is 21 t~ere any reason that that can't be -- 22 MR. POWELL= I don~t think there's any reason 23 that you couldn't do something like that. I would think 24 the applicant's concern might be that you would create a 25 visual barrier and any time you do that, you wonder what's PLANNING AND ZONING DRAFT MAY 10, 2000 139 25. i happening behind that fence. In such a facility as th~s, 2 surrounded by homes, that you might actually not want to $ create a walled-off area. But you could do it, I~m sure. 4 MR. EN~ELBRECHT= Okay. Thank you. Mr 5 Williams. 6 MR. WILLIAMS~ Yeah. Let me make sure I heard 7 you correctly. When you built your tower, there were no 8 homes there? 9 MS. WILLIAMS: That's correct. 10 MR. WILLIAMS: Okay. So they have the choice. 11 MR. ENGELBRECHT: Mr. Moreno 12 MR. MORENO: Yes, Ms. Williams, Just a 13 question on your building On your Exhibit B, it looks 14 like you've got some equipment cabinets actually on the 15 outside of the building. Is that what you're intending? 16 MS. WILLIAMS: Yeah, that's correct. I may 17 let the technical aspect, let him tell you exactly about 18 the equipment. 19 MR. SEUCERS: Mr. Chairman, my name is Billy 20 Seucers. I'm with Verizon Wireless I'd be happy to 21 answer any question. 22 MR. MORENO: I'm just curious as to why there 23 are what appears to be equipment cabinets on the outside 24 of the building on Exhibit B. 25 MR. SEUCERS: On Exhibit B, that's PLANNING AND ZONING DRAFT MAY 10, 2000 140 26 I approximately a 10-foot by 12-foot prefabricated concrete 2 shelter. Those are air conditioners on the building. 3 MR. MORENO~ I see. So they're cooling the 4 inside of the -- 5 MR. SEUCERS~ That is correct. 6 MR. MORENO~ They're having to cool the 7 equipment inside. 8 MR. SEUCERS~ Correct. 9 MR. MORENO~ On Exhibit C, is that Just a 10 different configuration or a different type of air 11 conditioning unit? 12 MR. SEUCERS~ Yes, sir, that is correct. The 13 air conditioners on that particular building are on the 14 back side and there are two separate buildings at that 15 particular location. 16 MR. MORENO. What would extensive landscaping 17 do to the operation of that equipment? 18 MR. SEUCERS~ I don~t think we'd have a 19 problem with -- along the property line even if it is 20 inside the fence that backs up and abuts the Pulte 21 property with doing a red-tip photinia hedge. Five 22 gallon, red-tip photinias, three foot on center, does that 23 suffice? I mean, I don~t think we have a problem with 24 doing that at all. 25 MR. ENGELBRECHT~ Yes, Mr. Powell, did you PLANNING AND ZONING DRAFT MAY 10, 2000 141 27. I want to make a comment about that? 2 MR. POWELL~ The landscape architects we do 3 have on staff aren't here tonight but we'll check with 4 them. It sounds reasonable to me. 5 MR. SEUCERS~ I think that the -- I'm not sure 6 but the ordinance, I think, as small as this site is would 7 require like one tree or something like that and I don't 8 think we have a problem with doing a screening hedge along 9 that property line at a11. 10 MR. ENGELBRECHT: It would seem to bring it 11 into character with the residential nature of the area. 12 MR. SEUCERS: Yeah, I don't disagree with 13 that. 14 MR. ENGELBRECHT~ Mr. Williams. Oh, I'm 15 sorry. Okay. All right. Any other questions? Then I 16 want to go back to that again. You were talking about the 17 photinia and exactly where would -- would this be moving 18 the fence in so they could be put on the outside of the 19 fence so that we don't -- 20 MR. SEUCERS~ No, sir. If we were going to do 21 that, we'd proposed to do that on the mnside of the fence. 22 MR. RISHEL: Let xt go through the fence, let 23 it kind of grow through the fence? 24 MR. SEUCERS: It would grow into the fence, 25 for sure. And we would, of course, mamntain it as best we PLANNING AND ZONING DP. AFT MAY 10, 2000 142 28. i could. But the fence is on the property line and I'm not 2 proposing moving the fence. 3 MR. ENGELERECHT~ All right. Then we could 4 specify some sort of vining material that might grow in 5 there, as well, and sort of give it more of a residential 6 character. Did you have a comment? 7 MS. WILLIAMS~ Well, I thank I'd like to know 8 exactly what we're proposing where we're talking about 9 vining materLal before we would commit to that. I think 10 that's -- 11 MR. ENGELBRECHT~ We don~t have a landscape 12 architect here. Would you like to postpone this to the 13 next meeting? 14 MS. WILLIAMS~ What I'd like to do is be able 15 to Just indicate that we could work wLth staff to -- and 16 with their approval and their recommendation 17 MR. ENGELBRECHT~ Ail right. That's fine. 18 Yeah, that's all right. We do that frequently We~ve 19 done that. All right. Any other comments or questions 20 for the petitioner? Thank you. Is there anyone present 21 who would like to speak in support of this petition? 22 Anyone present to speak in support of the petition? In 23 that case, is there anyone present who would like to speak 24 an opposition to the petition? Anyone present to speak in 25 opposition to the petition? Earlier I spoke to someone PLANNING AND ZONING DRAFT MAY 10, 2000 143 29. I who indicated they were neither, just had a questLon. Are 2 they still here? Is there anyone who would like to Just 3 address this issue? All right. Since there is no 4 opposition, the rebuttal is waived The public hearing Ls 5 closed. Mr. Gray, any final staff remarks with regard to 6 this landscaping issue, that residential character issue? 7 MR. GRAYs Yeah, I guess we could -~ we could 8 certainly -- I guess the person who would be most 9 knowledgeable on staff about this Ks Nona Muncie, our 10 landscape -- she is our, I guess, our landscape architect 11 guru. She would be able to probably work with staff, work 12 with the applicant to propose what plants are best to go 13 there 14 MR. ENGELBRECHT~ Should we state that as a 15 condition, something like a solid vegetative state that 16 would grow -- vegetative material that would grow 17 year-round? You don't want to do anything. Leave it 18 alone. Mr. McNeill. 19 MR. MCNEILL~ Yeah. I think it's fine to but 20 let's not micro-manage the kind the plant and the width. 21 MR. ENGELBRECHT~ Oh, no, no. But if you 22 don't say solid, it doesn't necessarily -- that's why I 23 used that word. 24 MR. MCNEILL. Okay. 25 MR. POWELL= I would Just suggest that -- I PLANNING AND ZONING DP, AFT MAY 10, 2000 144 30. i think often times we have conditions of landscape buffers 2 and we Just say that five feet inside or ten feet ~nside 3 of this side of the fence facing Windstone at Oakmont be a 4 landscape buffer with X number of shrubs. 5 MR. ENGELBRECHT: Well, I ask you now -- 6 that's the one side. The other sides, one side faces the 7 road. It's in a residential neighborhood. 8 MR. POWELL: Right 9 MR. ENGELBRECHT: One side -- there's going to 10 be residences across the road, I mean, ultimately. So I 11 guess my question is why wouldn't staff want to see the 12 whole thing screened in terms of to enhance the 13 residential nature of the area? 14 MR. POWELL: Well, we could do that One 15 thing I was going to point out is that under the existing 16 concept plan, and once again, we wmll be seeing this again 17 a couple of weeks from now, a proposed alignment of FM2499 18 is going to come along here. So two sides, basically even 19 three sides because FM2499 will come up and do like this, 20 of this cell tower site will be facing a busy highway. 21 MR. ENGELBRECHT: Do we want a chamn-link 22 fence facing a busy highway? We frequently ask for a 23 screening fence along there. 24 MR. RISHEL~ I think Mr. Engelbrecht is Just 25 trying to give staff direction. PLANNING AND ZONING DRAFT MAY 10, 2000 145 31 i MR. ENGELBRECHT~ I'm Just trying to figure 2 out where staff -- 3 MR. RISHEL~ If they're directed in the same 4 direction you're going. 5 MR. ENGELBRECHT~ Right. Mr. R~shel, did you 6 have a comment? 7 MR. RISHEL~ No. I appreciate your comments. 8 I think that it would certainly be appropriate to try to 9 screen and attempt to screen as much of that as possible. 10 There's going to be land developed around that thing 11 eventually and all they need really is an access, gate 12 area to access the property. They've already said that 13 they'll make those concessions and we appreciate that. 14 I'd lake to have them work with staff but I appreciate the 15 additional direction that you've g=ven them in working 16 with staff to make sure that we understand each other 17 MR. ENGELBRECHT~ Ms. Gourdes. 18 MS. GOURDIE: Thank you. I have a concern 19 about the whole thing being done in with plants, 20 especially if part of it is facing 2499. I realize that. 21 I would like to see maybe a half-bush down so at least 22 there's a visual surveillance available from the road so 23 people can see what's going on in there. My only concern 24 was the residential area and I realize that 2499 is a 25 major road. It will have sidewalks. It will have tree PLANNING AND ZONING DRAFT MAY 10, 2000 146 32 1 lines. I'm sure it will be bumlt up to where it's got 2 aesthetic enhancement to it, not lust a road that's just 3 traveling through there. So I think there will be 4 something to kind of break up the chain-link fence but I 5 would not, I personally would not prefer to have a huge 6 wall of photinias there Just for the safety mssue What 7 mf a child does climb it and something happens and we 8 don't find them for four days? I mean, I'm just throwing 9 this out there that we need some kind of visual I would 10 Just like the neighbors an the back to have some kind of 11 screening and that was Just my main intent for bringmng it 12 up in the first place. But that's up to the Board to 13 decide what they prefer to do 14 MR. ENGELBRECHT: Mr. Rishel. 15 MR. RISHEL: I would be happy to defer to Mr. 16 Williams on what an eight-foot fence with three rows of 17 barbed-wire does as a deterrent. I mean, to me, I think 18 that would deter most young people under the age of 40 I 19 don't know about them older than that. 20 MR. ENGELBRECHT: Unless they're mnsmde the 21 f&cility on Woodrow Lane. 22 MR. RISHEL. Is there a comment on that? 23 MR. WILLIAMS: Really no comment on that but I 24 have some philosophical differences. I get concerned when 25 we start planning for people and they see this as they're PLANNING AND ZONING DRAFT MAY 10, 2000 147 33. I looking for a home and they buy it anyway and we want to 2 beautify it. We care more about their surroundings than 3 they do because they have the choice. 4 MR. ENGELBRECHT~ Any other comment? 5 MR. WILLIAMS~ That may be why those lots are 6 empty. 7 MR. ENGELBRECHT~ It's getting late, I can 8 tell. Is there any other comment or a motion? 9 MR. MCNEILL~ A motion. 10 MR. ENGELBRECHT= Yes, Mr. McNeill. 11 MR. MCNEILL~ I move to recommend approval of 12 Z-00-00? with the following conditions' lighting on the 13 property shall be designed and maintained so as not to 14 shine or otherwise disturb eurroundLng residential 15 property or to shine and project upward to prevent the 16 diffusion in the night sky. Item two, that the developer 17 will work with staff to design an appropriate screening 18 with appropriate plants. I don~t want to specify the 19 plants. Let's let the staff and developer work with that 20 on the residential side. And I agree with the comment 21 that was made that let's do it halfway on the sides where 22 the streets are going to run along it. So halfway around 23 where the streets are, full size on the residential side. 24 MR. ENGELBRECHT: Did you have a comment, Mr. 25 Powell? PLANNING AND ZONING DRAFT MAY 10, 2000 148 34 I MR. POWELL= I was going to sa7 we'll endeavor 2 to do that before it gets to the City Council. 3 MS. APPLEs Second. % MR. EN~ELBRECHT~ Okay. Thank you. We have a 5 motion and second. Any discussion? Vote, please. Motion 6 carries unanimously. Thank you, Mr Gray. 7 MR. ~RAY~ Thank you. 8 MR. EN~ELBRECHT= And we'll move onto Agenda 9 Item 7 as soon as I can find my Agenda. Agenda Item No. 10 7 is to hold a public hearing and consider making a 11 recommendation to the City Council regarding a detailed 12 plan for approximately 4.3 acres in the Planned 13 Development 87 zoning district. The property is located 14 at the southwest corner of Southridge and Lillian Miller. 15 A 14-room bed and breakfast facility is proposed At this 16 time, I~ll open the public hearing and ask Mr. Gray to 17 provide us with the staff report and recommendation 18 MS. ~OURDIE= Excuse me, Mr. Engelbrecht. I 19 need to excuse myself. I'm within the 200-foot boundary. 20 MR. EN~ELBRECHT= Thank you. 21 MR. ~RAY= Thank you. This is a 1%-room bed 22 and breakfast facility. A bed and breakfast facillty, and 23 I guess I~ll probably let the applicant speak to this, as 24 well, generally is a place of lodging for more of a, I 25 guess a residential-style type of lodging. To be honest, PLANNING AND ZONING DP, AFT MAY 10, 2000 35. ATTACHMENT 3 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO 99- 257 TO PROVIDE FOR A DETAILED PLAN FOR APPROXIMATELY 0 08 ACRES LOCATED WITHIN PLANNED DEVELOPMENT 172 (PD-172) ZONING DISTRICT, THE SUBJECT PROPERTY BEING LOCATED ON THE SOUTH SIDE OF THE INTERSECTION OF NOWLIN ROAD AND NOWLIN ROAD, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-00-007) WHEREAS, on August 3, 1999, by Ordinance 99-257, the City Council approved a change m zomng for 65 17 acres of land to Plarmed Development 172 (PD-172) Zomng D~stnct, and WHEREAS, the aforementioned Ordinance 99-257 specifically dedicated a 0 082 acre parcel of PD-172 for a telecommumcatlons tower site, and WHEREAS, on April 11, 2000, Masterplan, on behalf of PnmeCo Personal Commumcatlons, submitted a Detatled Plan for the aforementioned 0 082 acre s,te with the intent to place an eqmpment bmldmg on the telecommumcat~ons tower sate, and WHEREAS, on May 10, 2000, the Planmng and Zomng Commission recommended approval of a Detailed Plan for such 0 082 acre, and WHEREAS, the City Council finds that the Detailed Plan ~s consistent w~th the approved amended Concept Plan for PD-172, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That Ordinance No 99-257 prowd~ng for the approval of a Planned Developmem Zomng Dlsmct Classification and Use Designation for the property described as PD-172 ~s amended by approwng the Detailed Plan attached hereto and ancorporated herein by reference as Exbab~t B for 0 082 acre located w~thm PD-I72, more particularly described by the legal description attached hereto and incorporated here~n by reference as Exhibit A, and subject to the foll0wmg contht~on 1 L~ghtmg on the property shall be designed and maintained so as not to shine on or otherwise dmturb surrounding resldentml property or to shine and project upward to prevent the d~ffusaon into the mght sky SECTION 2 That the provls,OnS of th~s ordinance as they apply to the 0 082 acres shown m the detmled plan hereto approved, shall govern and control over any conflicting prows~ons of Ordinance No 99-257, but all the prows~ons of Ordinance No 99-257 as they apply to that remmmng port,on of the dmtnct not here,n amended, shall contmue m force and effect and shall apply to the remainder of smd district SECTION 3 That a copy of thls ordinance shall be attached to Ordinance No 99-257 showing the amendment herein approved SECTION 4 That any person wolatmg any provision of this ordinance shall, upon conwctlon, 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 5 That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record Chronicle, official newspaper of the City of Denton. Texas, within ten (10) days of the date or,ts passage PASSED AND APPROVED this the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY.,..ATTORNEY PAGE 2 ~3 Z ~/~ EXHIBIT "A" LFCAL DESCRIPTION LEASE AREA I [tha[t certain tract or parcel of land .lying and being s,tuated ~n the Derry Merchant 5ulvey, Abstrac o 800, Denton County. Texas, and being part of o tract of kJnd os conve ed to PennoI-Ford r ' Y , L C / Woronty Deed with Vendors L~en dated April 8, 1997. and recorded ,n County Clerk F'~le No 97- 325994 Records. Denton Country, Texas, and being more particularly described os follows 3MMENCING at [the center hne of Nowl~n Road (right-of-way varies) and northeast corner of so,d ~nnel- Ford L C [tract. fENCE along on the east I~ne of so~d PenneI-Fort L C I. roct South 02 degrees aa m,nutes 55 seconds Jet, o al,stance of 18 33 feet to o 5/8" ,ran rod set for the POINT OF DEGINNiNG hereof, tENC~, conbnu,ng on the west I~ne of sold Pennel- Ford L C. South 02 degrees O0 m~nutes 55 second Isl., a distance of 80 04 Feet to o 5/8" iran rod set for the corner. IENCE through interior' of sotd Pennel- Ford L C, the followmg [three (5) courses, North 89 degrees 55 m,nutes 27 seconds West. o d~stonce of 60 04 feet to o 5/B' reran rod set for t ,rner, North' 02 degrees O0 m~nutes 55 ,seconds West, o d~stance of 60 04 feet to a 5/8" ~ron rod set for 1 )rner. ~outh 89 degrees .51 minu[tes 27 seconds East. o d~stance of 60 04 feet to a po,hr to the POINT OF :GINNING and contaJmng 5605 square feet or 0 0827 acres of land, more or less Age~da No ~ c) - o -~ ~,_ AGENDA INFORMATION SHEET Agenda ltern ~ ~K AGENDA DATE: June 6, 2000 DEPARTMENT: Planning Deparlxnent ~/ CM/DCM/ACM: David Hill, 349-8314 SUBJECT - Z-99-092 (Southrtdge/Ldhan MdleO Hold a public hearing and consider approving a Detailed Plan for Planned Development 87 (PD- 87) zoning d~stnct The approyamately 4 3 acre property ~s located at the southwest comer of Southndge and Ldhan Miller The intent is to develop a 14-room Bed and Breakfast faethty The Planning and Zoning Commission recommends approval (6-0) w~th conditions BACKGROUND The applicant is requesting an amended Det~uled Plan for approximately 4 3 acres of land located at the southwest comer of South~dge and Ldhan Miller The intent is to bmld a V, vo-story, 14- room bed and breakfast mn (see Enclosures 1 and 2 of Attachment 1) P The subject property is located m the Planned Development 87 (PD-87) zoning &strict The current De~aded Plan for this portion of PD-87, approved by Ordinance 93-232 on December 21, 1993, permits the construction of mx single family homes on the site P The property is located w~thm an Existing Ne~ghborhoods/Infill Compatibility area of the 1999-2020 Denton Comprehensive Plan Staff finds this development to be consistent w~th the Comprehensive Plan (see Attachment 1 - Staff Analysm) P For~-seven (47) property owners were notified of the zomng request Sixteen (16) responses have been received, six (6) are in favor of the request, two (2) are neutral to the request, and eight (8) ere opposed to the request This opposition calculates to 16 2% of the land area w~tlun 200 feet (see Enclosures 4 and 5 of Attachment 1) PRIOR ACTION/REVIEW The following is a chronology of Z-99-092, commonly known as Southndge/Lflhan Miller Application Date- Nov~nber 10, 1999 DRC Date(s) - March 9, 2000 P&Z Date - May 10, 2000 ESTIMATED PROJECT SCHEDULE This property is not platted and would need to be platted prior to any development FISCAL iNFORMATION Development of this property vail increase the assessed value of the Clty, county, and school d~stnct It vall require no short-term pubhc ~mprovements that are the responsiblhty of the city P&Z RECOMMENDATION The Platting and Zoning Commission recommends approval (6-0, Gour&e absta~mng) of this zoning request vath the follovang con&tlons 1 Use of the property shall be hraited to use as a Bed and Breakfast Inn A Bed and Breakfast Inn shall be defined as a facility of not more than fourteen rooms wherein overmght accommodations and meals are provided to tourists and vacationers for compensation The operator of the inn shall live on the premises The facility may also host small events such as weddings or business meetings The facility shall be of a residential style and d~cor 2 Lighting on the property shall be designed and maintmned so as not to shine on or otherwise d~sturb surrounding residential property or to shine and project upward to prevent the diffusion into the mght sky 3 Exclusive of doors and windows, the exterior elevatlous of the mmn building shall consist entirely of brick or stone masonry or stucco The exterior elevations of the main bmlchng shall substantmlly resemble those shown m Enclosure 2 of Attachment 1 4 Use of outdoor facilities, such as the svammmg pool or spa pavilion, shall be limited to the hours between 8 a m and 10 p m on Sundays through Thursdays and between 8 a m and 11 p m on Fridays and Saturdays 5 The capacity of the dmmg room shall be hrmted to 40 persons 6 The sale of alcohol shall be pernntted for on-premises consumption only Alcohol service shall be by private club membership w~th service limited to overnight patrons of the bed and breakfast and theuc guests 7 The apphcant shall work vath staff to use ground elevation and shrubbery screenmg to keep hght from car headlights from stunmg into surrounding residential properties Final approval of such shall be by bull0ang inspection department at time of issuance of bulldlng permit OPTIONS 1 Approve as submitted 2 Approve vath cond~tions 3 Deny 4 Postpone consideration 5 Table ~tem ATTACHMENTS 1 Planning and Zoning Commission Report, May 10, 2000, Z-99-092 2 Planning and Zoning Commission minutes from May 10, 2000 3 Draft Or&nance 2 Respectfully submitted D~rector of Planmng and Development Prepared by /~homas B,~Gray .~ Planner I ATTACHMENT 1 PLANNING AND ZONING COMMISSION STAFF REPORT Submct Lflhan Miller Pkwy/Southndge Case Number Z-99-092 Staff Thomas B Gray, Planner I Atlenda Date May 10, 2000 Hold a pubhc heanng and consider making a recommendation to the C~ty Council regarding a Detailed Plan for apprommately 4 3 acres in the Planned Development 87 (PD-87) zomng d~stnct The ~ntent ~s to develop a 14-room Bed and Breakfast fac~hty Location southwest corner of Southndge and Ulhan Muller Size 4 3 acres Z 99 09? 4. Applicant and Owner' R~ck Moore P O Box51144 Denton, Texas76206 The develope~ ~s requesting an amended Deta ed P an for 4 3 acres located ~n the Planned D ' evelopment 87 (PD-87) zoning dmtnct which would allow h~m to construct a h~gh-end, 14-room bed and breakfast fac~hty (see enclosures 1 and 2) The two-story facility ~tself would encompass 11,397 square feet Mach of the 4 3 acre mte's natural vegetation would be preserved The exmtlng Detmled Plan for th~s port~on of PD-87 permits the construction of mx tangle family homes on thru rote (see enclosure 8) Th~s property ~s surrounded to the south, east and west by ex,sting smgle-fam~ly neighborhoods An office complex IS currently being constructed d~rectly to the north of th~s property (see enclosure 3) 1999-2000 Denton Comprehensive Plan The 1999-2000, Denton Comprehensive Plan shows this area to be w~th~n an Existing Neighborhoods / Inflll Compatibility Area W~th~n these areas, new development should respond to ex,sting development w~th compatible land uses, patterns and design standards '1 Transportation A Trip generation The 1997 ed~bon of the Institute of Traffic Engineers' Trip Generation manual has data on places of lodging such as hotels and motels, ~t does not have a specific clasmflcatlon for bed and breakfast facilities Because staff believes that a bed and breakfast establishment ~s less ~ntense than a standard hotel or motel ~n terms of size, number of employees, amenities prowded, etc, ~t does not believe that data for a hotel or motel w~ll accurately reflect the number of tnps generated by thru establmhment The applicant, however, has done reseamh which ~ndlcates that thru establishment w~ll generate an average of 84 tnps per day Staff believes that th~s number would hkely reflect traffic generation for peak bmes of use of the establishment, such as dunng the weekends Development under the exmbng Detailed Plan would likely generate 57 vehicle trips per day (6 tangle family homes x 9 55 trips per dwelling) This m 27 tnps per day less than the expected generabon of the proposed Detailed Plan Z q9 092 5 B Access Access to thru s~te w~ll be prowded from L~lhan Miller Parkway C Road Capacity LiIhan M~ller Parkway is ~denbfied as a secondary major arterial road by the 1998 Denton Mobility Plan This road m demgned to be a four (4) lane d~wded street w~thout parking, prowd~ng four (4) lanes of thr0ugh traffic As such, ~ts demgned traffic capacity allows for a tolerable traffic flow of up to 19,100 tnps per day LiIIian Miller m currently constructed with four (4) lanes w~thout parking The most recent traffic count for L~lhan Miller ~nd~cates that there ~s adequate capacity to handle the calculal~ed tnps that could be generated by the proposed development A traffic count on LiIhan Miller' north of Southndge taken ~n January of 1999 indicated a volume of 14,658 trips per day Th~s ~sl well over four thousand vehicle tnps below capacity D Pedestrian L~nkages S~dewalks along all pubhc streets are required 2 Ut,ht;es Th~s rote has access to exmt~ng water and samtary sewer hnes A new waterhne extenmon connecting an ex~stmg waterline along LiIhan M~ller to a watedme at the ~ntersecbon of L~lhan M~ller and Southridge w~ll have to be constructed as part of this development Th~s hnk in the water system ~s expected to ~mprove water c~rculat~on w~th~n the area 3 Drainage and Topography New development w~ll be reqmred to demgn and construct a drainage system to c~ty standards A prehm~nary drainage study w~ll be required w~th the submission of a prehm~nary plat The study must ~nclude calculations of the 100-year storm for all drainage areas on th~s property and any area that drmns towards thru property The developer must ~nd~cate the method by which the run- off will be carned across the property or stored on the property 4 S,gns Locations and details of mgnage are provided on the Detailed Plan S~gnage w~ll comply with the C~ty of Denton mgn ordinance 5 Off-Street Parking New development must prowde parking according to the regulations of Chapter 35 (35-301) of the Code of Ordinances For places of lodging, one (1) space ~s required for each room The apphcant ~s prowd~ng~22 spaces Landscaping The property will exceed the new Landscape Code, which requires fifteen (15) trees per acre and twenty (20)Ipercent of all surfaces to remain pervious (plantable area) 09? 6. 7 Open Space and Recreational Areas Nonresidential development ~s not required to participate ~n park ded~cabon requirements 8. LIghtEng L~ghbng on'the property should be designed and maintained so as not to shine on or otherwise d~sturb surrounding residential property or to sh~ne and project upward to prevent the diffusion ~nto the night sky Th~s requirement can be wntten ~nto the ordinance approving the amended Detailed Plan 9 Env,ronmental Quality impacts None are anticipated January 14, 1969 - The subject property was placed ~n the Agricultural (A) zoning d~stnct and land use classification by Ordinance 69-01 September 19, 1978 - The subject property was zoned from Agricultural (A) to One-family Dwelhng DistriCt (SF-10) by Ordinance 78-45 October 23, 1984 - The subject property was zoned from One-family Dwelhng (SF-10) to Planned Development 87 (PD-87) by Ordinance 84-138 December 21, 1993 - A Detailed Plan for the subject property was approved by Ordinance 93- 232 The subject property ~s not platted and would need to be platted pnor to any development Notme of the zomng request was pubhshed ~n the Denton Record-Chromcle on Apnl 30, 2000 Forty-seven (47) property owners w~thln two hundred feet were ma~led legal notices and one hundred twenty n~ne (129) residents w~thln five hundred feet were sent courtesy nobces informing them of the request (see Enclosure 4) As of th~s wntlng, there have been two (2) responses ~n favor of the request, one (1) response neutral to the request, and one (1) response in opposition to the request A neighborhood meebng was held on the evening of Monday, April 17, 2000 at the South Branch L~brary (see enclosures 6 and 7) Z 99 09? When compared to the existing Detailed Plan for th~s site, staff feels that this proposed amended Detailed Plan ~S preferable for many reasons F~mt, the proposed development will cover less pervious surface and preserve more natural vegetation than what ~s allowed under the emst~ng Detailed Plan The s~te ~s adjacent to a busy arterial, making ~t an undesirable location for single family homes Traffic generated by the proposed plan ~s expected to increase only shghtly over the ex,sting Detailed Plan and will still be adequately absorbed by the excess capacity on Lflhan Miller The design of the facility will be architecturally compatible w~th surrounding residential structures Although techmcally a commercial facility, a bed and breakfast estabhshment a very Iow-mtens~ty use that is similar to a residence in many aspects The development will act as an appropnate buffer between Lflhan Miller and the Southndge neighborhood Staff feels that th~s proposed Detailed Plan represents a better use of the property than the slx single-family homes that could be built on thcs,site under the existing Detailed Plan Staff recommends approval of Z-99-092 w~th the following conditions I L~ght~ng on the property shall be designed and maintained so as not to shine on or otherwme dmturb surrounding residential property or to sh~ne and project upward to prevent the d~ffus~on ~nto the mght sky 2 Exclusive of doors and w~ndows, the extenor elevations of the ma~n building shall consist entirely of brick or stone masonry or stucco The extenor elevations of the mmn building shall substantially resemble those shown ~n Enclosure 2 3 Use of outdoor facilities, such as the swimming pool or spa pawhon, shall be hmlted to the hours between 8 a m and 9 p m on Sundays through Thursdays and between 8 a m and 11 p m on Fridays and Saturdays I move to recommend approval/demal of Z-99-092 w~th the following conditions 1 Lighting on the property shall be designed and maintained so as not to sh~ne on or otherwise dmturb surrounding residential property or to sh~ne and project upward to prevent the d~ffus~on ~nto the mght sky 2 Exclusive of' doom and w~ndows, the exterior elevations of the ma~n building shall constst entirely of bnck or stone masonry or stucco The exterior elevations of the mmn building shall substantially resemble those shown in Enclosure 2 3 Use of outdoor facilities, such as the swimming pool or spa pawhon, shall be hm~ted to the hours between 8 a m and 9 p m on Sundays through Thursdays and between 8 a m and 11 p m on Fridays and Saturdays Z 99 092 1 Recommend approvalas submitted 2 Recommend approvalw~th conditions 3 Recommend demal 4 Postpone consideration 5 Table ~tem 1 Detailed Plan 2 Proposed Elevations 3 Zoning Map 4 200'-500' Not~ficabon Map 5 Property Owner Responses 6 Neighborhood Meeting S~gn-ln Sheets 7 Question and Comments from Neighborhood Meeting 8 Existing Detailed Plan for PD-87 (Ordinance 93-232) Z g9 092 9 ENCLOSURE 2 ENCLOSURE 3 ~ NORTH Z-99-092 Miller/Southridge) ZONING MAP Agenda Date May 10, 2000 Scale None 12o ENCLOSURE 4 ~ NORTH Z-99-092 (Lillian Miller / Southridge) 200'-500' NOTICE MAP 200' Legal Notices sent wa Certified Ma~l 47 500' Courtesy Notices sent via 1't Class Mall 129 Number of responses to 200' Legal Not~ce · Opposed: 8 · In Favor 6 · Neutral 2 Percent of land w~thln 200' in opposition 16 16% Agenda Date June 6, 2000 Scale None 13 ENCLOSURE 5 NOTICE OF PUBLIC HEARIN Z-99-092 The Planning and Zoning Commission of the City of Denton wdl hold a pubhc hearing on Wednesday, May 10, 2000,, and consider making a recommendation to the C~ty Council regarding a Detailed Plan for approximately,4 3 acres In the Planned Development 87 (PD-87) zomng district The property Is located at the southwest corner of Southndge and Lllllan Miller The intent is to develop a 14-reom Bed and Breakfast facdlty The pubhc hearing will start at 6 00 p m In the C~ty Council Chambers of C~ty Hall located at 215 E McK~nney 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 th~s zoning change request and inwtes you to a~tend the public hearing Please, ~n order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing (Th~s in no way prohibits you from attending and participating in the public hearing ) You may fax it to the number located at the bottom, ma~l ~t to the address below, or drop It off In-person Planning and Development Department 221 N Elm ST Denton, Texas 76201 Attn Thomas B Gray The zoning process includes two pubhc hearings designed to provide opportumtles for citizen Involvement and comment Pnor to the public hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this nobca The first public hearing ~s held before the Planmng and Zomng Commission The Commission Is informed of the percent of responses in support and in opposit~on Second, the zomng petition Is forwarded to the City Councd for final action providing the Commission recommends approval Should the Commlsslon recommend demal, the petitioner may then appeal the request to the City Council If owners of more than twenty (20) percent of the land area w~thln two hundred (200) feet of the s~te submit written opposit~on, then s~x out of seven votes of the C~ty Council are requlrsd to approve the zomng change These forms are used to calculate the percentage of landowner opposition Pleaee circle one ~equ~est~ Neutral to request Opposed to request Comments Printed Name ~'~1~',% ~-"~. ~-'~ L~,~ Mafl~ngAddress /?~ ~ II~Fb~ c, y, z,p Telephone Number ~ / ~2- ~ ~ Physical Address of Prope~y w~th~n 200 feet ClTY OF DENTON, TEXAS ClTY HALL WEST , DENTON, TEXAS 76201 · 9403498350 · (F)9403497707 Z-OO 092 ~00' H AR'r NOT'ZCE OF PUBL]:C Z-99-092 The Planning and Zoning Commission of the City of Denton will hold a public heanng on Wednesday, May 10, 2000, and consider maldng a recommendation to the Clty Council regarding a Detailed Plan for approximately 4 3 acres m the Planned Development 87 (PD-87) zoning d~strlct The property Is located at the southwest corner of $outhndge and Lghan Mdler. The intent Is to develop a 14-room Bed and Breakfast facility The public heanng wgl start at 6 00 p m m the C~ty Councd 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 Commtaslon would Itke to hear how you feel about this zon,;g change request and lnvltes you to attend the publtc heanng Please, In order for your oplnlon to be taken into account, return this form with your comments prior to the date of the pubhc healing (Th/s tn no way prohibits you from attending and parbclpattng in the public hea~fng ) You may fax it to the number located at the bottom, mall ~t to the address below, or drop it off In-person Planning and Development Department 221 N Elm ST Denton. Texas 76201 Attn: Thomas B. Gray The zoning process ~ncludes two public headngs dsslgned to provide opportunities for c~t~zen involvement and comment Pnor to the public hearings, landowners w~thin two hundred (200) feet of the sublect property are notified of the zoning request by way of thls not,ce The first public hearing ~s held before the Planning and Zoning Commission The Commission is Informed of the percent of responses In support and in opposition. Second, the Zoning pebtlon is forwarded to the City Council for final actmn providing the Comm;eslon recommends approval Should the Commission recommend denial, the petitioner may then appeal the request to the City Council If owners of more than twenty (20) percent of the land area wffhm two hundred (200) feet of the site submit written opposition, then slx out of seven votes of the C~ty Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition _ , Please circle one: ~n favor of request _.-"~ Neutral to request Opposed to request ~.-Comments ! an, ve:w much I. ~ver of this re~]uo~l. [ feel that ]t will add to tho beauly and value ofprop=rty m ~hls axca. This proposal vail wet,et Ih~ "~belt" ar~a, e~ ~mpMrcfl to budding horace on Ot~ property Thc pmp~¢d stmct~e ~td nmsonry f. cllctll~ will b~ a ~n~c clthaltccrncr~t to ottr tactg, hbo~ho~ l do Iskc ~hc fact that st would bc zoncd only tor ih~S puq~o~e m~d cromer I~: uscd tot 8cr~ral commcr~=l u~c Also, I t~cl ~h~ ~ will pr=v~ d~¢ wild a~lm=l a~d 'critters frOrn mvachn8 my property a~d Jt will pro'~ldc ~ sound ' brea~" ~om ~e m~ ~ffic no~s¢ on LIIII~ Pnnted Name: City. State Z~p Telep hone Nu mba r. ~/-~J¢~' Physmal Address of Property wlthm 200 feet: CITY OPDENTON, TE)~AS CffYHAU. WEST· DENTON, TEXAS 7~201 · 9403498350 · (F)9403497707 z.-gg 092 200 15 NOTICE OF PUBLIC HEARIN6 Z-99-092 The Planning and Zoning Commission of the City of Denton w~ll hold a public hearing on Wednesday, May 10, 2000, and consider making a recommendation to the C~ty Council regarding a Detailed Plan for approximately 4 3 acres in the Planned Development 87 (PD-87) zoning d~stnct The property is located at the southwest corner of Southndge and LIIhan Miller The ~ntent is to develop a 14-room Bed and Breakfast fac~hty The pubhc heanng w~ll start at 6 00 p m in the City Council Chambers of C~ty Hall located at 215 E McKinney Street, Denton, Texas Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this zoning change request and invites you to attend the public heanng Please, in order for your opinion to be taken into account, return th~s form with your comments prior to the date of the public hearlng (This /n no way prohibits you from attending and participating in the public heanng ) You may fax it to the number located at the bottom, ma~l it to the address below, or drop it off in-person Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn Thomas B Gray The zoning process includes two public heanngs designed to provide opportumt~es for clt~zen involvement and comment Prior to the public hearings, landowners within two hundred (200) feet of the subject property are nobfied of the zoning request by way of th~s not~ce The first public hearing ~s held before the Planning and Zoning Commission The Commission is informed of the percent of responses m support and ~n opposition Second, the zomng pebtion is forwarded to the City Council for final acbon prowd~ng the Commission recommends approval Should the Commission recommend den~al, the petitioner may then appeal the request to the C~ty Council If owners of more than twenty (20) percent of the land area w~th~n two hundred (200) feet of the site submit written opposition, then six out of seven votes of the City Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition Please circle one. ~n~av°r of reque_st~ Neutral to request Opposed to request Comments Signature Pnnted Name __ Malhng Address 1701 C~ty, State Z~p ~)e, NT~ 'r~ "7~e Telephone Number ~0 - Phys~l Address of Prope~y w~th~n 200 feet ClTY OF DENTON, TEXAS CITY HALLWEST · DENTON, TEXAS 76201 · 9403498350 · (F)9403497707 Z 99 092 200' Notice NOTICE OF PUBLIC HEARIN Z-99-092 The Planmng and Zoning Commission of the City of Denton will hold a pubhc hearing on Wednesday, May 10, 2000, and consider making a recommendation to the C~ty Council regarding a Detailed Plan for approximately 4 3 acres In the Planned Development 87 (PD-87) zoning d~strict The property is located at the southwest corner of Southridge and Lillian Miller The intent ~s to develop a 14-room Bed and Breakfast fac~i~ty The pubhc hearing will start at 6 00 p m In the City Council Chambers of City Hall located at 215 E McKmney Street, Denton, Texas Because you own property w/thm two hundred (200) feet of the subject property, the Planning and Zoning Commission would I~ke to hear how you feel about th~s zoning change request and/nwtes you to attend the public hearing Please, In order for your opinion to be taken into account, return th~s form with your comments prior to the date of the pubhc hearing (Th~s In no way prohibits you from attending and part~c~pabng In the public heanng ) You may fax it to the number located at the bottom, marl it to the address below, or drop it off in-person Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn' Thomas B. Gray The zoning process includes two public heanngs designed to provide opportumtles for c~bzen involvement and comment Prior to the public hearings, landowners within two hundred (200) feet of the subject property are nobfied of the zoning request by way of this notice The first public heanng held before the Planmng and Zoning Commission The Commlss~on is informed of the percent of responses ~n Support and in opposition Second, the zoning petition is forwarded to the City Council for final acbon p~ovid~ng the Commission recommends approval Should the Commission recommend demal, the petitioner may then appeal the request to the C~ty Council If owners of more than twenty (20) percent of the land area w~thln two hundred (200) feet of the site submit written opposition, then six out of seven votes of the C~ty Council are required to approve the zomng change These forms are used to calculate the percentage of landowner apposition · ~ Please circle one ~n favor of re Neutral to request Opposed to request Comments Printed Name', ~, (~ ~,~,o ~ ,- /'~ ~/~,4 Malhng Address / 7~' ~, /_y,u'/4 u~¢ 7" City, State Z~p D ~',d )-~/t) ; 7- 7~ Telephone Number ~' ~,o - _~ ? '7 * ~'/~ ,? Physical Address of Property w~thin 200 feet /7~ ClTY OF DENTON, TEXAS ClTY HALL WEST · DENTON, TEXAS 76201 · 9403496350 · (F)9403497707 Z ~ 092 ~;00' Nobce 18. NOTICE OF PUBLIC HEARIN& Z-99-092 The Plannlng and Zoning Commission of the C~ty of Denton will hold a pubhc heanng on Wednesday, May 10, 2000, and consider making a recommendation to the City Council regarding a Detailed Plan for approximately 4,3 acres in the Planned Development 87 (PD-87) zoning dlstdct The property is located at the southwest comer of Southndge and LIIllan Miller The intent is to develop a 14-room Bed and Breakfast facility The pubhc hearing will start at 6 00 p m In the City Council Chambers of City Hall located at 215 E McK~nney Street, Dent. on, Texas Because you own property w~thm two hundred (200) feet of the subject properly, the Planning and Zonlllg Commission would like to hear how you feel about this zoning change request and invites you to attend the public hearing Please, tn order for your opinion to be taken into account, return this form w~th your comments prior to the date of the pubhc heanng (Thts in no way prohlbris you from attending and participating in the publm heanng ) You may fax it to the number Iocated~ at the bottom, mall It to the address below, or drop It off in-person Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Thomas B. Gray The zoning process includes two public heanngs designed to provide opportunities for citizen involvement and comment Prior to the public hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this notice The first pubhc headng is held before the Planmng and Zoning Commission The Commission is informed of the percent of responses m support and in opposibon Second, the zomng pebtlon is forwarded to the City Council for final action pr0vldmg the Commission recommends approval Should the Co..r,[sslon recommend demal, the petttmner may then appeal the request to the City Council if owners of more then twenty (20) percent of the land area within two hundred (200) feet of the site submit w~ttten opposition, then slx out of seven votes of the City Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition Please circle one. /....~n favor of request~ Neutral to request Opposed to request Commeh'ts':--. ....... - Signature ~)~-~/-.~ _ ~ ~'¢ ~/'"- .. Ma~l~ng Address City, State Zip ~ Telephone Number Physical Address of Prope~y w~thin 200 feet. ClTY OF DENTON, TEXAS ClTYH^LLWEST · DENTON, TEXAS 7620t · g40.3498350 · (F)940,3497707 Z 9g.Og2 ~00' Notice 19. %-d O/.ES 698 OOe ozzn.~Ee"l Ruueo elg~.~[ O0 [0 RaN NOTICE OF PUBLIC HEARIN Z-99-092 The Planning and Zomng Commission of the City of Denton will hold a public heanng on Wednesday, May 10, 2000, and consider making a recommendabon to the C~ty Councd regarding a Detailed Ptan for approximately 4 3 acres tn the Planned Development 87 (PD-87) zomng d~stnct The property Is located at the southwest corner of Southndge and Lillian Mdler The intent ~s to develop a 14-room Bed and Breakfast facdity The pubhc hearing wdl start at 6 00 p m In the C~ty Council Chambers of City Hall located at 215 E McKmney Street, Denton, Texas Because you own property w~thm two hundred (200) feet of the subject property, the Planning and Zoning Comm/$sion would hke to hear how you feel about this zomng change request and invites you to attend the public heanng Please. in order for your op~nion to be taken into account, return this form with your comments prior to the date of the public hearing (Thzs In no way proh/btts you from attending and~l~.~e public heanng ) You may fax ~t to the number Io~.~ ~ripdd~~i_ ~Nr~~Off in-person The zonmg"l~es~bllc hearings desi~,-~d to provide opportunities for citizen involvement and co~OllTmen~~e~ .pubhc he_~3dngs,~landowners wRh~n two hundred (200) feet of the subject property are notified of the zoning request by way of th~s nobce The first public hearing is held before the Planning and Zoning Commission The Commission ~s informed of the percent of responses ~n support and m opposition Second, the zoning petition is forwarded to the City Council for final acbon prowd~ng the Comm~smon recommends approval Should the Commission recommend demal, the petitioner may then appeal the request to the C~ty Councd If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit wntten opposition, then s~x out of seven votes of the CRy Council are required to approve the zoning change These forms are used to calculate the I oslbon ' P'l'eas-~lrcle ,: In favor of request Neutral to request Opposed to request Comments' Signature __ Pnnted Name Mad~ng C~ty, State Z~p Telephone Number __ Physical Address of Property within 200 feet CITY OF DENTON, TEXAS CITY HALL WEST · DENTON, TEXAS 76201 o 940 349 8350 · (F) 940 349 7707 z 99 092 200 Notice 20. NOTICE OF PUBLIC HEARIN NoT Z-99-092 TMh~; 1P~n~I~ncg~annddZc~nn~;IgdeCr~rnma~i~r~;~a~r~e~cf~thn.~ec~a~Dn~nt~hnew~tyh~du~cp~rbeh;ahJnar;nag~e~a~~ II approximately 4 3 acres In the Planned Development 87 (PD-87) zomng district The property Is located at the southwest corner of Southndge and Ldl~an Mdler The intent Is to develop a 14-room Bed and Breakfast facihty The pubhc hearing w~ll start at 6 00 p m ~n the C~ty Councd Chambers of C~ty Hall located at 215 E McK~nney Street, Denton, Texas Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this zoning change request and inwtes you to attend the public heanng Please, in order for your opinion to be taken ~nto account, return this form w~th your comments prior to the date of the pubhc heanng (This in no way prohibits you from attending and part~c/pat~ng In the public hearing ) You may fax It to the number located at the bottom, mad It to the address below, or drop ~t off In-person Planning and Development Department 22'1 N Elm ST Denton, Texas 76201 Attn Thomas B Gray The zomng process Includes two public heanngs designed to provide opportunlbes for citizen Involvement and comment Prior to the pubhc hearings, landowners w~th~n two hundred (200) feet of the subject property are not~fled of the zoning request by way of th~s nobce The first public heanng ~s held before the Planmng and Zomng Commission The Commission ~s ~nformed of the pement of responses m support and In opposition Second, the zoning pet~tion is forwarded to the City Councd for final acbon prowd~ng the Commission recommends approval Should the Commission recommend den~al, the pet~boner may then appeal the request to the C~ty Council If owners of more than twenty (20) percent of the land area w~th~n two hundred (200) feet of the s~te submit written opposition, then s~x out of seven votes of the C~ty Councd are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition In favor of request ~ Neutralto request , Opposed to request Comments Signature . Pnnted Name / Ma~hng Address / ~/~ City, State Z~p Telephone Number ~0 Physical Address of Prope~y w~th~n 200 feet CITY OF DENTON, TEXAS CITY HALL WEST · DENTON, TEXAS 76201 · 940 349 8350 · (F) 940 349 7707 z 99 092 200 Not~ce 21. NOT'J:CE OF PUBLTC HEAR.,T.N Z-99-092 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, May 10, 2000, and consider maldng a recommendation tothe City Counal regarding a Detailed Plan for approximately 4 3 acres In the Planned Development 87 (PD-87) zonlng districL The property Is located at the southwest comer of Southndge end LIIImn Miller, The Intent Is to develop a 14-mom Bed and Breakfast facility The public hearing will start at 6 00 pm, In the City Council Chambers of City Hall icCabKI at 215 E. McK]nney Street, Denton, Texas Because you own properS/within two hundred (200) feet of the subject property, the Planning and Zoning Comm/ss~on would 8ks to hear how you feel about this zoning change request and mtgtes you to attend the publ~o hearing. Please, in o~der for your opinion t~ be taken into account, return this form with your comments pner to the date of the public heating (This in no way prohibits you from attending end participating in the public hearing ) You may fax It to the number located at the bottom, mall It to the address below, or drop It off In-pemon. Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Thomas B. Gray The zoning process Includes two public hearings designed to provide oppodunll~.s for (:it]zen Involvement and comment. Prior to the IXJbllo hearings, landowners wi~in two hundred (200) feet of the subject properly am nolflled of the zoning request by way of this no, co. The l~t public hearing b held before the Planning and Zoning Commission ~ Commission is Informed of the percent of responses In support and in oppos~t;on. Second, the zon,ng petit]on is forwarded to the City Counal for final action providing the Commission recommends approval. Should the Commission recommend denial, the petitioner may then appeal the request to the City Council If ownem of men) than twenty (20) percent of the land area within two hundred (200) feet of the site submit written pppositlon, then six out of seven votes of the Cll~ Counc~ are required to approve the zoning change ~ forms are used to calculate the percentage of landowner oppositfol?. Please elrete one: /....~'~'""~ In favor of request Neutral to request Comments. Signature ~ Printed Name ' . . (/~4--" .. Physical Address of Property within 200 feet: ~ CITY OF DENTON, TEXAS ClTYHALLWE$1' -DENTON. 1EXAS 76201 o B40.349.8~50 · (F)940.349.7707 Z. eg-092 200 ~ I I "'' NOTICE OF PUBLIC HEARIN6 Z-99-092 The Planning and Zoning Commission of the C~ty of Denton wdl hold a pubhc heanng on Wednesday, May 10, 2000, and consider making a recommendabon to the City Council regarding a Detailed Plan for approximately 4 3 acres in the Planned Development 87 (PD-87) zoning dlstnct The property is located at the southwest corner of Southndge and Lillian Mdler The ~ntent ~s to develop a 14-mom Bed and Breakfast facdlty The public hearing wdl start at 6 00 p m in the City Councd Chambers of City Hall located at 215 E McKlnney Street, Denton, Texas Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this zoning change request and inv/tes you to attend the pubhc heanng Please, in order for your oplmon to be taken into account, return this form w~th your comments prior to the date of the public hearing (Th~s in no way prohibits you from attending and participating in the public heanng ) You may fax it to the number located at the bottom, mad it to the address below, or drop ~t off ~n-person Planning and Development Department 221 N Elm ST Denton, Texas 76201 Attn. Thomas B. Gray The zoning process ~ncludes two pubhc hearings designed to provide opportunities for clbzen involvement and comment Prior to the public hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this notice The first public heanng ~s held before the Planning and Zoning Commission The Commission Is Informed of the percent of responses m support and in opposibon Second, the zoning pebbon is forwarded to the City Council for final action prowdmg the Commission recommends approval Should the Commission recommend demal, the petitioner may then appeal the request to the City Council If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the s~te submit wntten opposlt~on, then s~x out of seven votes of the C~ty Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition Please circle one' In favor of request Neutral to request Lopposed to reque-~7 Comments Malhng Address Telephone Number CITY OF DENTON, TEXAS CITY HALL WEST · DENTON, TEXAS 76201 · 940 349 8350 o (F) 940 349 7707 Z 99 092 200 Nobce 2 3. MAY ~ ~00 PAErL i~ BAWLEY 1421 Hua~r's Rtdge Curie D~nton. Texas 76205 Telephone (940)243'-2859 FAX# (940)3S2-7812 24. NOTICE OF PUBLIC HEARIN6 Z-99-092 The Plannmg and Zoning Commission of the City of Denton wdl hold a pubhc heanng on Wednesday, May 10, 2000, and consider making a recommendation to the C~ty Council regarding a Detaded Plan for approximately 4 3 acres in the Planned Development 87 (PD-87) zoning d~stnct The property is located at the southwest corner of Southrldge and Ldllan Mdler The intent ~s to develop a 14-room Bed and Breakfast facility The pubhc hearing wdl start at 6 00 p m in the City Councd 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 I~ke to hear how you feel about this zomng change, request and inwtes you to attend the public heanng Please, ~n order for your oplmon to be taken into account, return th~s form with your comments pnor to the date of the pubhc heanng (This in no way prohibits you from attending and participating in the public heanng ) You may fax It to the number located at the bottom, mad it to the address below, or drop it off In-person Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Thomas B. Gray The zoning process Includes two public hearings designed to prowde opportunities for citizen mvolvement and comment Prior to the public hearings, landowners within two hundred (200) feet of the subject property are nobfied of the zoning request by way of th~s notice The first public hearing ~s held before the Planmng and Zomng Commission The Commission Is Informed of the percent of responses ~n support and in opposition Second, the zoning petition is forwarded to the City Council for final action pr0wdlng the Commission recommends approval Should the Commission recommend denial, the pehboner may then appeal the request to the C~ty Councd If owners of more than twenty (20) percent of,the land area w~thm two hundred (200) feet of the site submit written opposition, then s~x out of seven votes of the City Councd are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition (gf(~eh~ Neural to request /~p~osod to ~'~' Comments ,'¢ . Signature "/~o~ ~,~,, _.~~ Malhng Address /~. ,~u!,~ ~l~'~7~ ,,~ ~ Telephone Number ~?~ ~?/-/~ ~u~S - PhymcalAddressofPrope~yw~thm2OOfeet /~O~ /~. ~,~[,~< n~~ ~s~ ~c/'5 CITY OF DENTON, TEXAS CITY HALL WEST · DENTON, TE~S 76201 · 940 ~9 e~50 · (F) 940 ~9 7707 z 99 092 200' Notice ~ / , -~ I 25. 'NOT]:CE OF PUBLTC HEAR'rN6 Z-99,.092 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, May 10, 2000, and consider making a recommendation to the City Council regarding a Detailed Plan for approximately 4 3 acres in the Planned Development 87 (PD-8?) zoning district The property Js located at the southwest corner of Southndge and LIIhan Miller The Intent is to develop a 14-room Bed and Breakfast facility The public heanng will start at 6 00 p m m the City Council Chambers of City Hall located at 215 E McKinney Street, Denton, Texas Because you own properly within two hundred (200) feet of the subject prOPerty, the Planning end Zoning Commission would like to hear how you feel about this zoning change request and invites you to attend the public hearing Please, Jn order for your Oplnl~nTtt/so be taken into account, return this form with your comments prior t~ the date of the pubhc hearing in no way prohibits you from attending and partlcipabng tn the public hearing ) You may fax It number located at the bottom, mall it to the address below, or drop it off in-person to the Planning and Development Department 221 N, Elm ST Denton, Texas 76201 Attn: Thomas B. Gray The zoning ,process includes two public hearth s desl n Involvement and comment Prior t g _ g ed to provide opportumties for ci o the public hearings, landowners within two hundred (200) fe:~eo~ the subject property are notified of the zoning request by way of this notice The first public heanng held before the Planning and Zoning Commission The Commission is informed of the percent of responses in support and Jn opposmon Second, the zoning petition is forwarded to the City Council for final action pl?wdlng the Commission recommends a denial, the petlhoner ma then a pp~r~.al_ Should the Commission reco 20 Y ppeal the request to the C~i {-;oun remand (_.:_.)_p. ercent of ,.he land area within two hundred 1200~ fee' '-'Y"-- _,.~_~l. ,_If .o. wn,e. rs of more than twenty ~u[__o].seve.n v.mes of the City Council are requl;;d ~ a.-;~'~,[~=,~-su,°mlz .written op_p. osltlon, then six ~, ,,~ -~ zoning change These forms are u~ea ro calculate the percentage of landowner opposition Please circle one. In favor of request Neutral to request Comments Printed Name _ /(J= ~ //~ c.~...~f. ~ ~ MalhngAddress ~,'?~9',~ ~,~,,.~,,,~.,../__~,,~.,~ ~..~./.,,, ~.. City, State Z~p /~,,,,,~-/.~,~,. ~,.-? Telephone Number- _ ~ ye) - ,~'~"<'L,.. ~/~ Physical Address of Property w~thm 200 feat _,;/. 4; ~'~ (--o,,~ CITY OF DENTON, TEXAS C~T¥ HALL WEST · DENTON, TEXA~ 7S20~. 940 ~49 83S0 · (F) 940 34e 77'07 Z-gg,.Og2 200' Notice 26 704 Lafay~tt~ Denton, TX 76205 5- i 7-00 Mr Thomas (}ray Planning mid Developinel~t Department 221 N Blin Demon, TX 76202 Fax 349-7707 Dear Mr Gray, I wish to ~tate my opposition to the proposed 14- room Bed m~ B~eakfast to be located on 1 dhan Miller in lhe Planned Development 87 zoumg district My obJoOIIol~s are as follows. 1) The proposed m~al service and rooin nm~bers really Inake this a sinall hotel with re~.auranl, not a Bed and Breakfast l. ood service should be binned to Ibc breakfast tnca] wllh seating ;n the dmmg room restricted to 30 people residing in thc location 2) Pool hours should be rest~ictcxl to 8 00 PM wc~k days and 9 00 PM week ends 3) ]ftbe facdlly ~s leased for small prlValO :[hllcl~iolls, lhe~ should be restricted to Thin.lay, Fllday or Saturday evenings ]flhe outsglc poe} area Is used for such functions, guest numbers should be lnmled and outside hours should be no latei Ihan 10'30 PM to pix~vlde qinel fei the neighbors Thank you for you vonslderation m th~s matter l'his fa~lhly will loin property lines with all eslabhshed neaghborbood and already bulll homes A large nuinber of people will be affecled by the facdl~y now and also by fulure owners oftbe Bed and Breakfas! l am very'¢otacerned with whal ~an ]mpp~u to the proposed facdity ff hmllation~ are nol put on the ]~D before it ~s built Sincerely, . Msry~toodmff 27. ~ay 24, 2000 ~,~r. Thomas Gray Plannmng and Development Department 221 North Elm Denton, TX 76202 Re: Wmldwood Inn Llllman ~dlller Parkway Dear ~. Gray: We are in strong opposztzon to having a bed and breakfast/znn/ motel w~th restaurant and pool, built mn the Southrzdge East area of Denton. Our reasons are that mt wzll be an actzvmty of not eight hours a day weekdays, but one of damly actmv~tmes with the restaurant and pool open every weekday into the even- mng hours, also Saturdays and Sundays, whmch wmll destroy the quiet nemghborhood mn place now. Also, please consmder the huge amount of congestion that we al- ready have on Lzll~an ~mller Parkway. Ue th~nk construction of all sorts should be held mn abeyance untzl the traffic sztuatmon has been allevzated. Thank you for your consideration. ~Ve~~°urs'~~ Robert L. Hutsell Karian C. Hutsell 1520 Gatewood Drmve Denton, TX 76205 Copzes to: All Czty Councmlmen 28 M~y 1/5, 2000 C~ty of Dento~a Plannlng Department FAX (940) 349-7707 Attn Mr Thomas Gray Two Pages Total Dear Mr Oray, As a resident w~tl~n 200 t~et of the proposed "Bed & Breakfast ' rezomng on Lflhan Mtller (next to thc $outhndg¢ East subdivxs~on), I would like to change my pos~taon from "Neutral" to "Opposed" I spokc m favor of the proje~ (with cond~hons) at the P&Z Heanng but am cha~gmg rny postt~on as a result of the outcome of that Hearing 1'he issues that prevent me from fully supporung The pxoject and winch ! would hke address~ include 1) Re~'taur~nt Usage Original understan, dmg was that meal services would be hrmted to guests stay~ there and personal guests ofthose sta3nng ther~ Also, understood that droner service would he offered only on Thursdays, Fnday~, and Saturdays (and food would be available upon special r~quests from guests at other trines) After P&Z Hearing, understand resections on restaurant were baghly relaxed For the two commercial developments to the east (on property belore the Red Lobster) restaurants and retati estabhshments werc spectficall~ excluded from use - why wouM th~s proper~ be treated any differently9 2) Dmmg Capaclty '[he current 40 seat capacity restaurant ~ not acceptable Ifdtmng facflmes are lranted to those staying the~e (and thexr guests), 30 should be more than enou,,~h (considenng that multiple seatings could al~o be made) Controls or allowable capacny should be possxble w~thout changing the deszgn or look of' the building (either through rue depmXment restrtctmn, note m PD, or sectioning part of dining area as a' hbrary or "seating area without actual walls ) When perking runs short, whore will people park (would prefer they wouM not do so m fiont of my house and cut through my yard - also, certainly am uot suggesting a larger parl~ng lo~) 3) Pool Usage Hours Am conccrnccl wath no,se - weekday hoists un~l 10 pm w~th weekends ar l lpm Other facilities are cappeat at 9 pm and 10 pm and are not even up agamnt homes 4) Fac~hty Usage Hours for Events Again, concerned w~th no,sc and availability of alcohol Would like to see outdoor events hrmted to a reasonable nme (10 pm dunng week and l 1 pm on FrgSat ~ would prefer to see same ouxdoor hours as pool but could understand need for later hours ) Most homes have thexr bedrooms facing the property and ars outdoor events area Indoor events could be at ~s dlscretton Although I have not seen the ~mal recommen¢lauons from the P&r.Z Me~ang, I will assume that a hedge, fence or berm v~ll be required m the paring lot area to prevent headlamps from shining into windows of neighboring homes - in accordance w~th standard orchnances Tins Is requured as tra~c w~11 occur at all t~es of the evening (even though Mr McNeil, ~hort-~ghtedly, didn't see a purposc for 29 EO/IO'd ~E,g! Hfl~ 00-gI-A~ I am not agatlq~t th= u~c of thc prope~'y for a Bod & Breakfast a~ t~ may be a/~ood t~se of the l~d h~t of ~t~ loc~ I just w~t to ens~ that ~e ~p~ con~mlsl~i~ ~e put on the PD cha~c~ ensue 1t ~oes ~ot ne~v~ly ~mpact thc homehfmm and p~p~ v~ues of th~ su~oundmg nel~bo~ - ~ we have inves~en~ th~ must be prot~t~ a~o We would also hke to ~s:~e ~at consols ~e m pl~c should Mr Moore, f~ any re.on, d~tdc not to aevclop th~ prop~ h~mselfor shoed he sell the developm~t ~m~re do~ the road We ~oulg hke a Bed & Bre~fast but not a Hotel. Kestaurant, ~d Banquet Fd~lhty ~a~ you ~ for your ~ista~ce m a~ngmg a ~ce~g ~th MI Moore sod thc u~ghbo~h~d resld~ls ~o ~ ~ l~n o~t a wm-~n ~n~em~t B~ Oowd~c Home ~one (9~0) 5OI-IA~0 713 Lady.re Drive WorkPhone (9~) 566-7567 Denton, ~ 7620~ 30. Ga:SI ]fl~ O0-gl-AVN 32 ENCLOSURE 7 Z-99,092 Detailed Plan Citizens' comments from neighborhood meeting held April 17, 2000 · What if this goes bankrupt'~ What if you want to change the use of the property at a later date`> · What vegetation will remaan`> What kind of buffer or scmemng will be planted or built along Lflhan Miller`> · Where ~s the ~ngress and egress to th~s property`> · What other kinds of uses could go here`> · What kind of prices will you charge`> · Will large trucks be servang th~s facility`> · Where are the dumpsters`> · Why didn't you build single-family homes here, like the current Detailed Plan specifies`> · There are a lot of ammals on flus s~te, maybe th~s development will cut down on the number of opossums and skunks in the area · What are you going to do to clean up the drainage easement on the s~te`> · Can you clean up the drmnage area to ehm~nate the standing water`> · Will the sound of traffic along Lflhan Miller will be channeled to my house`> · Will there be hours of pool operation`> · How many people can the d~mng room seat`> · Where will the food waste go? It will attract animals · What kind of slgnage will you have`> · What happens ff you leave after the property has been zoned but before it's been developed`> · What m the projected construction date`> How long will construction take9 · Where will the mr conditioning umts be`> · I th~nk it looks gmat · How much will ~t cost you to bmld th~s`> · What kind of traffic impact will thru have on Lflhan Miller`> 33 ~. \wpdocs\ord\ lmiller, o ENCLOSURE 8 ~ ~ ~ ORDINANCE NO. ~ '~L~.~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE IN ZONING OF .330 ACRES OF LAND FROM PLANNED DEVELOPMENT NO. 87 (PD-87) TO SINGLE FAMILY-10 (SF-10) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION AND APPROVING A NEW DETAILED PLAN FOR 9.296 ACRES OF PD-87 LOCATED ON THE WEST SIDE OF LILLIAN MILLER PARKWAY AT SOU~HRIDGE DRIVE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Wt~EREAS, Mitchell Vexler has applied for a change an zoning for .330 acres of land from Planned Development No. 87 (PD-87) to Single Family-10 (SF-10) zoning district classification and use designation, and approval of a new detailed plan for 9.296 acres of PD-87; and WHEREAS, on October 27, 1993, the Planning and Zoning Coramission recommended approval of the requested changes in zoning; and WHEREAS, the City Council finds that the changes in zoning will be in compliance with the Denton Development Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: S_~. That the zoning district classification and use deslgnation of the .330 acres of land described in Exhibit A, attached to and incorporated into th~s ordinance by reference, is changed from Planned Development No. 87 (PD-87) to S~ngle Family-10 (SF-10) zoning district classification and use designation pursuant to the Comprehenslve Zoning Ordinance of the City of Denton, Texas. S_~. That a portion of PD-87 not included in the acreagelidentified in Section I and consls=lng of 9.296 acres of land described in Exhibit "B", attached to and incorporated into the ordinance by reference, is amended by the approval of a new detailed plan identified in Exhibit "C", attached to and incorpo- rated into this ordinance by reference. ~. That the City's official zoning map is amended to show the change in zoning district classification. ~. That a copy of this ordinance shall be attached to Ordin,ance 84-138, showing the amendment herein approved. 34. SECTION V. That the provisions of this ordinance as they apply to the 9.296 acres shown in the detailed plan herein approved, shall govern and control over any conflicting provision of Ordinance No. 84-138, but all the provisions of Ordinance No. 84-138 .as they apply to that remaining portion of the district not herein.amended, shall continue in force and effect and shall apply to the remainder of said district. SECTION VI. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. S C_~_~. That this ordinance shall become effective four- teen (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, the official news- paper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the ~___~day of~, 1993. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPR D AS TO LEOAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY , ,. (-' MR!.m NOTE DESCI~PTION ( TRACT 3 EXHIBIT A All that certain tract of land situated m the John McGowen Survey, Absl~act 797, City and County of Denton, Texas and being part of Tract 2 as described in a deed from Ted Taylor Companies, Inc recorded m Volume 3417, Page 0001, Real Propen'y Records of Denton County, Texas and being more pamcularly descnbed as follows BI,GINNING at the southernmost southeast comer of Lot 28, Block 35, Southndge East Phase 1 Addition, as shown by plat recorded in Cabinet D, Page 315, Plat Records of Denton County;, 'rI-I~NCE North 35°19'08, East vath the east line of Block 35, a d~stance of 219 40 feet, THF, NCE South 11042"25" East a chstance of 179 32 feet, THENCE South 88°45'56· West a d~stance of 163 26 feet to the POINT OF BEGINNING and containing 0 330 acres of land more or less 36 F~m.r~ NOTE DESCRIPTION TRACT 1 EXHIBIT B (two pages) AU that certain tract of land situated in the John McGowen Survey, Abstract 797, City and County of Denton, Texas end being all of Tract I as dascnbed in a deed froin Teri Taylor Compamas, lnc recorded in Volume 3417, Page 0001, Real Property Records of Denton County, Te~s and being inore particularly described as follows BEGINNING at the north nght. of-way line of Southrldge at the southeast comer of Lot 17, Block A, the Ridge of Southndge as shown by the plat recorded in l Cabinet D, Page 330, Plat Records of Denton County;, THENCE North 50°37'33· East with the east line of Block A, a distance of 343 55 feet to a point for comer,, THENCE North 35°07'33· East with the east line of Block A, a distance of 350 82 feet to a point for comer;, THENCE North 10°18'39' West with the east line of Block A, a distance of 191 65 feet to a point at the northeast comer of Lot 12, Block A, also being on the south line of Lot 8, Block One, $ W grwin Subdivision, THENCE Norda 89023'23· East with the south line of Lot 8, a distance of 214 98 feet to a point on the west right-of-way of Ialhan Miller Parkwa~ THILNCE with a curve tO the nght on the west line of t1!!!en Mfllar Parkway, having a cenwal engle of 30°18'44% a radius of 757 74 teet' a chord of south 18°39'42* west, en arc length of 400 88 feet;, THENCE South 28°49'03' West with the west tight-of, way of !.t!!!en Miller Parkway a distance of 511 79 feet, THILNCE vath a curve to the right having a central engle of 19056'52', a radius of 92 00 feet, a chord of south 38°47'33' west, an arc length of 32 03 feet; TI-IE~CB with a curve to the left, having a central angle of 19°56'51'0 a radius of 108 00 feet, a chord of south 38047'33, west, an arc length of 37.60 feet; THENCE South 28°49'03· Wast with the west line of IA;;lan Miller Parkway a distance of 80 76 feet, THENCE South 73°49'03' West with a flare in said right-of-way, a distance of 12 73 feet to a point on the north right of way line of Southtidge Drive, THENCE North 61°10'57' West with the north line of Southrldge Dtive a distance of 50 68 feet, THILNCE with a curve to the right havmg-a central angle of 37°31~21', a radius of 270 00 feet, a chord of north 42°25'16' west, en arc length of 176 82 feet; THILNCE North 23°39'35· West with the north line of Southrldge Drive a distance of 78 10 feet, THILNCE w~th a curve to the lel~ having a central angle of 4°34'22', a radius of 583 04 feet, a chord of north 25°56'46' west, an arc leagth of 46 52 feet to the POiiq~f OF BEGINNING and centammg 5 165 acres of~md more or less 37 All that certain tract of land situated in the John McGowen Survey, Abstract 797, City and County of Denton, Texas and being pan of Tract 2 as descn'oed m a deed from Teri Taylor Companies, Inc recorded in Volume 3417, Page 0001, Real Property Records of Denton County, Texas and being more parti~-lsrly described as follows. COMMENCING at the southernmost southeast comer of Lot 28, Block 35, $outhndge East Phase 1 Addition, ~ shown by plat recorded in Cabinet D, Page 31S, Plat Records of Denton County, THENCE North 35°15'30' East with the east hne of Block 35, a distance of 219 60 feet to the POINT OF BEGINNING, THENCE North 9°21'09, West w~th the east lme of Block 35, a distance of 249 71 feet, THENCE North 55007'48'' East ~uth the east ]me of Block 35, a ckstance of 156 41 feet, THENCE North 57051'43, East wath the east line of Block 35, a ckstance of 169 58 feet; THENCE North 51042'37, East with the east line of Block 35, a distance of 200 30 feet; THENCE North 37°28'25' East with the east line of Block 35, a ckstance of 126.46 feet to a point in the south right-of-way of Soutluidge Drive, THENCE with a curve to the left on the south line of Southrldge Dnve, having a central angle of 2°31'17*, a radius of 330 feet, a chord of south S9°55'19', an arc length of 14 52 feet, THENCE South 61010'57'' East with the south line of Southndge Drive a ckstance of 71 68 feet to a point in the west right-of-way of !.fllls~ Miller Parkway; THENCE South 28°49'03'' West w~th the west right-of-way of I.ill,~n MLUer Parkway, a distance of 893 19 feet, THENCE South 88°41'36' West a distance of 73.94 feet to the southern point m a deed from Mavex 9, Inc. as recorded m Volume 93, Page 28904 m the Deed Records of Denton County, THENCE North 11042'25.' West with the west Line of said deed from Mavex 9, Lne, a distance of 179 32 feet to the POINT OF BEGINNING and contanm~ 4.131 acres of land more or less. 38. EXHIB%T C Z-93-022 Southridge Oaks (PD-87) NORTh' n S't4ewalk ~ , * o,,o ,c~ De~lled Plan Dat~ 10/15D3, S~I~ None 39. ATTACHMENT 2 1 AFT  ~ Thank We have a MR. you. motion and ,lease. Motion ? 8 MR. EN~ELBRECHT~ And we'll move onto Agenda 9 Item 7 as soon as I can f~nd my Agenda. A~enda Item No. 10 7 is to hold a public hearing and consider making a 11 recommendation to the City Council regarding a detailed 12 plan for approximately 4.3 acres in the Planned 13 Development 87 zoning district. The property is located 14 at the southwest corner of Southridge and Lillian Miller. 15 A 14-room bed and breakfast facility is proposed. At this 16 time, I'll open the public hearing and ask Mr. Gray to 17 provide us with the staff report and recommendation. 18 MS. ~OURDIE: Excuse me, Mr. Engelbrecht I 19 need to excuse myself. I'm within the 200-foot boundary. 20 MR. ENGELBRECHT: Thank you. 21 MR. GRAYz Thank you. This is a 14-room bed 22 and breakfast facility. A bed and breakfast facility, and 23 I guess I'll probably let the applicant speak to this, as 24 well, generally is a place of lodging for more of a, I 25 guess a residential-style type of lodging. To be honest, PLANNIN~ AND ZONING DRAFT MAY 10, 2000 149 i I did not even know that there were other bed and 2 breakfast facilities in Denton until sometime today when 3 somebody pointed out to me that there are some, I think, actually around here. But when people think of bed and 5 breakfast, they often, I guess they often times think of 6 somewhere on the east coast or off of Cape Cod Well, 7 this one's coming -- 8 MR. MCNEILL: You haventt traveled an Texas. 9 MR. ENGELBRECHT: We've got to educate you, 10 Mr. Gray. 11 MR. GRAY: Or in the hill country, okay. All 12 right. I apologize. 13 MS. APPLE: You need to get out more, Thomas. 14 MR. GRAY: I agree. But in any case, this 15 petition is to amend the existing detailed plan for this 16 portion of PD-87. In your backup, I think I have provided 17 a copy of what the existing detailed plan of PD-87 allows 18 and I'll Just pull it out and show it. We're speaking of 19 ~his area right here. Currently, six single-family homes 20 could be put on this property and these six homes would 21 face Lillian Miller. They would access off of Lillian 22 Miller. I think there is a shared access easement right 23 here so there'd be actually one curb cut onto Lillian 24 Miller and then, I guess, a driveway or a street back here 25 that all the streets could -- all the homes could access. PLANNING AND ZONING DRAFT MAY 10, 2000 150 i What the applicant is proposing is instead of 2 six single-family homes, he is proposing one large 14-room 3 bed and breakfast facility which -- as far as the 4 operation of this facility is concerned, I should probably 5 let the applicant speak to that. But the facility is 6 located here in the center of the property and most of the 7 existing vegetation on the property is being maintained. 8 I'll Just quickly go over opposition and I do 9 have a copy for everybody to read I have received three 10 letters in opposition and actually five letters in favor 11 of this site so far. And that accounts to less than 12 12 percent, 11.79 percent of the area within 200 feet. And I 13 will pass these around so that you can look at them. 14 MR. MCNEILL: What's your color code here on 15 this? 16 MR. GRAYs Color code is red is opposed, green 17 is in favor, and blue is neutral. 18 MR. RISHELs Brown is our red. 19 MR. GRAYs That shows up as brown. The zdea 20 WaS that red being stop, green being go. I guess what I 21 should probably do is see if there are any questions or 22 let the applicant speak. There are a lot of -- I think 23 there are several aspects of this property. 24 MR ENGELBRECHTs Staff recommendation? 25 MR. GRAYs Staff recommends approval with some PLANNING AND ZONING DRAFT MAY 10, 2000 151 i certain conditions and I have those outlined on page 5 of 2 your backup. Number one is our standard lighting 3 condition. Number two is that exclusive doors and 4 windows, the exterior elevations of the main building 5 shall consist of brick or stone masonry or stucco and that 6 the exterior elevations shell resemble the -- here it is 7 right here, resemble this arch=tectural drawing that the 8 applicant has provided to us. And a third condition was 9 that the use of outdoor facilities such as the swimming 10 pool or spa pavilion shall be limited to the hours between 11 8=00 a.m. and 9=00 p.m. on Sundays through Thursdays and 12 between 8500 a.m. and 11500 p m on Fridays and Saturdays 13 MR. EN~ELBRECHT= Commissioners, any questions 14 at this time? Thank you. Is the petitioner or 15 petitioner's representative present? 16 MR. MOORE5 Chairmen, Commissioners, my name 17 is Rick Moore. I reside at 901 Ell~son Park Circle in the 18 city of Denton. My wife and I actually lived ~n th~s 19 house that wes on this lot right here for about a year. 20 We watched the development of the office project and we 21 had numerous thoughts about what could be done with this 22 site to make it attractive, to lower the density, and 23 preserve it es best as possible. The opportunity came up 24 to buy the site. We purchased ~t and about the same time, 25 we got our hands on a copy of the new development plan for PLANNIN~ AND ZONIN~ DRAFT MAY 10, 2000 152 i us. And we reviewed that document and tried to come up 2 with what we thought would be a project that would work 3 very well on this site. 4 Around the corner -- I've been involved in two 5 developments in this area. One is Hunter's Ridge which is 6 this area right here. And the other one was Ellison Park 7 Circle which is at the corner, across the street from Sam 8 Houston on Lillian Miller. So we reviewed the new 9 Comprehensive Plan and, along with that review, we came 10 away with our desire, or my desire, not necessarily 11 Carolyn's, but my desire at one time was to own an inn or 12 a bed and breakfast facility And there was actually a 13 tract at the corner of 1830 and Hobson that we really had 14 -- I had really desired to do that with for a number of 15 years but never could get the site bought Carolyn's idea 16 was to put it at this site and so we started developing 17 the concept. And trying to make the site feasibility, do 18 the least amount of damage, create the least amount of 19 traffic, and to make it a win-win for our neighbors and 20 make it economically viable. What you have before you is 21 what we developed. 22 The architecture, we kind of patterned after a 23 structure and I'm going to put a colored photograph up 24 here so you can actually see the structure that we 25 patterned the architecture after. Then we took aerials of PLANNING AND ZONING DRAFT MAY 10, 2000 153 i the site and we have tried to place the building and the 2 parking and the drive in an area. This area right an here 3 has all been damaged by fill that was created when some utilities were put in. And so we tried to incorporate our 5 building in that area. Another thing that kind of moved 6 us in that area was that's the deepest part of the sate 7 and that allowed us to keep a buffer between us and the 8 neighbors that live along Lynhurst. 9 We asked for a couple of things from staff 10 that they agreed with. We asked for a one-way drive which 11 would give two curb cuts on Lillian Miller. And the 12 reason why we asked for that was we wanted the feeling 13 that when you came into our 1nn that you were actually 1% driving in through a wooded drive through the facility. 15 We wanted a smaller driveway than what is proposed but to 16 meet the fire lanes, we had to be 18 feet. We proposed 17 12. The rule generally is 20 and we've agreed upon 18 on 18 the drive. We reduced the parking as much as possible so 19 we do the least amount of damage to the trees and the 20 site. 21 And we have had a neighborhood meeting. We 22 have tried to touch on any concerns that the neighbors 23 might have. And now after getting through the anteram ordinance and the moratorium and the last three hearings 25 here tonight, I stand in front of you a humble man, a PLANNING AND ZONING DRAFT MAY 10, 2000 154 i broken man. I~m hear to answer any questions that you 2 might have. 3 And I had one other item that I wanted to 4 bring to your attention. We got a study from YBR Research 5 out of California that does hospitality research. And 6 statistics are that they have a medium age of 44. The ? predominant age is 35 to 64 25 percent of the family 8 income is over $100,000.00. 70 percent have college 9 degrees, half of those having degrees are graduate 10 degrees. 87 percent of them own their own homes and seven 11 out of 10 of them have no children at home under the age 12 of 18. A typical couple enjoying a weekend at a B&B adds 13 $426.00 to the local economy. 14 MR. ENGELBRECHT= Commissioners -- is that -- 15 MR. MOORE~ That's it. 16 MR. ENGELBRECHT~ Okay. Thank you. It's good 17 to see that you've sat through thLs and haven't lost your 18 sense of humor, and have gone through the entire process, 19 staff and all. Mr. McNeill. 20 MR. MCNEiLL= What's the probability that it's 21 going to be successful? How do you feel in terms of 22 drawing the clientele to make it economically viable to 23 continue to operate? 24 MR. MOORE= A couple of things Not 25 derogatory to any of our competitors, but we have a PLANNING AND ZONING DRAFT MAY 10, 2000 155 i relatively low standard of overnight facilit~es in Denton. 2 We are trying to create a higher-end facility. We feel 3 like that we're close enough to Dallas that we will draw % traffic out of Dallas for the weekends We feel like 5 there's a need for an upscale inn facility in Denton and 6 we have very little doubts. We actually have a couple of 7 corporate clients also and the universities that have also 8 offered their support and actually are going to place 9 people at the facility. 10 MR. MCNEILL~ So you've done -- what you're 11 saying is you've really done the homework to feel 12 comfortable that the people will be there It's like the 13 baseball field. You're going to build it and they're 14 going to come. 15 MR. MOORE~ That's right. As most of you 16 know, I~m in the home building business and the 17 development business. And, actually, this is going to be 18 -- hopefully, mine and Carolyn's profession until we 19 retire. We plan on living on-site and operating the 20 facility ourselves. 21 MR. MCNEILL~ Who~s going to be the cook? 22 MR. MOORE~ My wife, Carolyn 23 MR. MCNEILL~ Okay Thank you. 24 MR. EN~ELBRECHT~ Mr Williams. 25 MR. WILLIAMS~ Yeah. I lust appreciate your PLANNING A~D ZONING DRAFT MAY 10, 2000 156 I thoroughness and your presentation and, it seems like, 2 your sincerity in your presentation 3 MR. MOORE= Thank you. 4 MR. ENGELBRECHT= Mr. Moreno. 5 MR. MORENO' Yes, Mr. Moore I've stayed at a 6 few bed and breakfasts and they were somewhat smaller than 7 what you're proposing here. And the ones that I stayed 8 in, of course, offered some form of a breakfast but no 9 other meals whatsoever. Is that your plan, as well? 10 MR. MOORE= No, sar, it is not. To address 11 the size issue, number one, Perry's question about 12 viability, we bought a -- there's an association called 13 the Professional Association of Innkeepers, PAI, and they 14 do a study every year and we bought that study. And the 15 success of mn inn is determined by the quantity of the 16 rooms versus the expense it takes to operate those rooms. 17 And the optimum size is between 12 and 18 rooms and so 18 that's how we determined our size. Plus the need factor 19 in Denton. 20 The reason why I say, we have no desire any 21 more meals than are necessary but bed and breakfasts cater 22 to special events like wedding receptions and things of 23 that nature where the family actually leases the whole inn 24 for the family and the relatives. And when that happens, 25 they are going to want on-site food service and we want to PLANNING AND ZONING DRAFT MAY 10, 2000 157 i be able to provide that to them when they're there And 2 at one time, we had suggested and we have said at our 3 neighborhood meetin~ that we would like to serve meals on 4 a reservation only basis on Thursday, Friday, and Saturday 5 night and I will say that again. That's what we want to 6 do. But that comes from we don't want to mislead staff, 7 any of our neighbors, or you here tonight. We want you to 8 know that if we have a guest staying at our facility and 9 they have friends that live in this town and they want to 10 come there and have a meal, we want to be able to serve 11 those people. 12 MR. MORENO= All right, sir Thank you. 13 MR. ENGELBRECHT~ Other questions, 14 Commissioners? With regard to the dining facility, what 15 size would that be? What's the seating capacity? 16 MR. MOORE= The seating capacity of the actual 17 room is 40. There is a -- when we take ~nto consideration 18 that there's a baby ~rand piano and a fireplace and some 19 lounge chairs in there, it reduces it down to about 34 20 which is a little bit over our occupancy which is if you 21 put two people to a room at 28. Okay? The other thin~ 22 that limits us on food service, agaxn, is our parkin~ 23 space. We've limited the parking space so, obviously, if 24 you don't have anywhere to park, we're not goin~ to be 25 able to serve. PLANNING AND ZONING DRAFT MAY 10, 2000 158 i MR. ENGELBRECHT~ Right. I was lust going to 2 ask you about that. If you're basically full but they 3 don~t want to dine there, you can't -- but you may already 4 have reservations for dining for Thursday, Friday, or 5 Saturday night. 6 MR. MOORE~ Right. 7 MR. ENGELBRECHT= How do you manage that? 8 MR. MOORE= That's where the reservation only 9 comes into effect. I mean, obviously, you don~t sell food 10 over selling a room. 11 MR. ENGELBRECHT~ Okay. All right. 12 MR. MOORE~ And one other thing that was in 13 the staff's recommendations was on the hours of the 14 outside pool service end we would like the weekdays 15 extended one hour on that issue. 16 MR. ENGELBRECHT~ To 10=00 p.m.? 17 MR. MOORE= To 10.00 p m. And several of our 18 neighbors have pools and I don't think that that would be 19 a big issue. And i don't think our target market is going 20 to be real noisy anyway. 21 MR. ENGELBRECHT= Someone had said to me that 22 you had wanted to do some modifications to the drainage 23 ditch or easement or something and they couldn't or they 24 weren,t sure. 25 MR. MOORE~ Well, with the -- on this site, I PLANNING AND ZONING DRAFT MAY 10, 2000 159 i don~t know that we can see it real clear on here, but -- 2 do we have a large copy. There seems to be a mosquito, 3 rodent, varmint issue with this area right in here. And 4 it's in -- we believe that it's inside. There's parts of 5 that that have been filled but we believe that it's inside 6 of the 100-year floodplain which is governed by FEMA as 7 far as fill and things of that nature go We would like 8 to have permission to go in there and clean that up and 9 maybe put like -- obviously, we don't want it unattractive 10 because we want our guests to be able to walk down 11 there. We would like to go in there and put like large 12 river rock in the bottom of that so that it actually has a 13 base in there and we correct the drainage where there's no 14 standing water in there. But I don't know if that's a 15 question for Dale Hoelting or for FEMA or for the City. 16 We're kind of in a gray area there so we don~t know. 17 MR. ENGELBRECHT~ Do you want to comment on 18 that, Mr. Powell? Did you start to say something? 19 MR. POWELL~ I was just going to say Mr. 20 Hoelting is here and can answer those questions. 21 MR. ENGELERECHT: All rlght. We'll bring him 22 up in a minute to talk about that I noticed that the, 23 and I wanted to make sure that that was the plan, the 2% stucco fence along Lillian Miller. 25 MR. MOORE: That 1s the plan. PLANNING AND ZONING DRAFT MAY 10, 2000 160 I MR. ENGELBRECHT= Well, I know. But it does 2 run across that drainage easement and that's -- you're 3 working that out. I~m assuming there's an opening 4 underneath there for the flow underneath. 5 MR. MOORE= Actually -- yes, sir The desire 6 was to have the fence on a level plane so, actually, what 7 we were planning on doing if we can have the approval from 8 FEMA and from Dale was to actually dig a pier in there and 9 actually set those fence panels so it's elevated over the 10 creek. 11 MR. ENGELBRECHT~ Exactly. Yeah. 12 MR. MOORE= And it actually works as a sound 13 buffer from the highway. 14 MR. ENGELBRECHT. Well, I lust wanted -- I 15 know that there had been d~acussion back and forth and I 16 didn't know whether -- I wanted to make sure you knew that 17 wes on the plan and that was what you had wanted to do 18 MR. MOORE= Yes. 19 MR. ENGELBRECHT~ Okay. One other item. Can 20 you tell me about the quantity of vegetation on that, I 21 ~uess, it's western portion? No, the other Yes, down 22 through there. Between the driveway and that portion, 23 yeah, kind of all up through there, what's the ~- I know 24 that there's a lot on the other northern part Could you 25 point that out on the -- PLANNING AND ZONING DRAFT MAY 10, 2000 161 i MR. MOORE: That's this area right in here. 2 And it's heavily treed with some substantial oak trees 3 down in there, some as big as probably 18 to 24 inches. 4 MR. EN~ELBRECHT~ Okay. And I'm assuming what 5 you're going to sort of do is kind of clear the underbrush 6 and then make walk paths through there so folks can kind 7 of walk around. 8 MR. MOORE: We don't show any walk paths on 9 here. 10 MR. ENGELBRECHT: Well, I know. 11 MR. MOORE: Staff asked us to put them on 12 there if they were going to be part of the detailed plan. 13 But if you go back in there right now, it's Just almost an 14 i~possibility because of the briars and everything else to 15 come up with that. So what we figured we would do, as the 16 title says it's called the Wildwood Inn, so we were going 17 to cut back the briars, leave as much of the natural 18 vegetation as possible in there, and actually Just not aim 19 to disturb as much of that side of the site as possible. 20 It's actually very beautiful in there. When you have that 21 canopy over all of the growth, you get very little 22 undergrowth underneath it. You Just have a really shaded 23 area under there with very little undergrowth 24 MR. ENGELBRECHT: Okay. Well, that was -- I 25 have two questions and one had to do with the walk paths PLANNING AND ZONING DRAFT MAY 10, 2000 162 i which aren't on there. So you're aware of that and you're 2 going to deal with that however 3 MR. MOORE~ Yes, I am aware of that. Right. 4 MR. ENGELBRECHT~ Okay. 5 MR. MOORE~ If we were to build a walk path, 6 we would probably want to do it out of like a bark mulch 7 ty~e of path, which we thought we could possible do under 8 a minor amendment because it could be changed at any time. 9 MR. ENGELBRECHT~ Okay. And that's the other 10 aspect of that is you might want to change that thing. 11 MR. MOORE~ Right. 12 MR. ENGELBRECHT~ Okay. Then one other 13 question I have, I noticed that the parking spaces, you 1% drive in and they face towards that single-family 15 residential ~n the back. And, basically, they're sort of 16 pulling in and their headlights are going to be shining 17 towards those single-family residences in the back 18 MR. MOORE= That's correct. 19 MR. ENGELBRECHT= Is there anything that is 20 going to block the headlights when folks pull in and out 21 of there at night? 22 MR. MOORE~ The thing that w~ll happen is 23 there's a grade change there. This parking lot is going 24 to be on a downward grade and it's actually going to be 25 pointing -- their headlights are going to be pointing ~nto PLANNING AND ZONING DRAFT MAY 10, 2000 163 I this drainage easement actually. The fall across this lot 2 falls downward so the drainage on the parking lot is going 3 to slope into -- so when you pull in those parking spaces, 4 your headlights are going to be pointing down into the 5 drainage easement rather than across an elevation change 6 of maybe nine feet where the houses get to. 7 MR. ENGELBRECHT: Okay. All right So 8 they're shining down and the houses are set up. 9 MR. MOORE: Yeah, right The houses, the 10 grade change in there is about between eight and nine 11 feet. So when you come into the parking lot, you're going 12 to be turning down like this and you're going to be -- the 13 headlights won't be an issue. 14 MR. ENGELBRECHT: Okay I know that's been 15 one we have addressed here before is that one. So you 16 hadn't considered any sort of vegetative barrier right in 17 there or something to make sure that there was no -- 18 MR. MOORE: No. Although, I personally like 19 -- we're big landscape fans so, I mean, if it made -- if 20 it was putting vegetation along the back side of this 21 parking lot, you know, where it was hedge-height, that 22 wouldn't be an issue for us. We would do that 23 MR. ENGELBRECHT: Something to ensure that 24 there's no headlights into the -- 25 MR. MOORE: Right. The only thing that we PLANNING AND ZONING DRAFT MAY 10, 2000 164 I wouldn't want to do is block the view when you were in the 2 parking lot and looking back. 3 MR. ENGELBRECHT= Yeah, you don't want 4 something large because you want to be able to see out 5 into that natural area. 6 MR. MOORE~ Right Exactly ? MR. ENGELBRECHT~ I understand. Okay. All 8 right. Any other questions? Thank you. 9 MR. MOORE~ Thank you. 10 MR. ENGELERECHT: Oh, wait a m~nute. Mr 11 Rishel. I believe we do have one. 12 MR. RISHEL: I'm Just a little curious. I 13 think you have a wonderful plan here myself. It Just 14 seems like the potential dumpster s~te that I'm seeing, 15 and I don't know if there's more than one on here, just 16 appears to be an awful long ways away from the main 17 building itself. I know Carolyn's taking out the garbage 18 and you're in charge of the popcorn. But is there another 19 dumpster site that I'm missing on this? 20 MR. MOORE: No, sir, there's not. A couple of 21 things came to our mind when we picked the dumpster site 22 was the ease of access for the City trucks to come ~n and 23 actually operate in the area, and the other thing is, 24 obviously, a dumpster of any size generates some odor and 25 we wanted to put it in a neutral location. And that's how PLANNING AND ZONING DRAFT MAY 10, 2000 165 i we picked it. And our plan is to use 45~gallon rolling 2 commercial cans outside of our back of our facility and 3 move them down twice a day to the dumpster. 4 MR. RISHEL~ Okay 5 MR. ENGELBRECHT. Any other questions? I Just 6 want to thank you for the obvious knowledge and detail 7 about the site. 8 MR. MOORE~ Thank you. 9 MR. ENGELBRECHT~ I'm not sure that we always 10 get someone who has that sort of knowledge of the area, of 11 what they're doing. Thank you. We do have some cards of 12 individuals that indicate they wish to speak an support. 13 Karen Waits. If you would give me your name and address 14 for the record. 15 MS. WAITE~ I~m Karen Waste and I live at 2308 16 Hollyhill Drive here in Denton And I moved here, my 17 husband moved last year and I moved here in August. And I 18 had to write this because if I don't, I'll be too nervous 19 and I~11 babble so I~m just going to read th~s to you. 20 The Moore's proposed bed and breakfast would be built 21 right around the corner from our house on Hollyhill. 22 Actually, I look forward to having a beautiful and special 23 place such as a bed and breakfast so conveniently located 24 near our home. I would prefer this type of construction 25 rather than the professional buildings and parking lots PLANNING AND ZONING DRAFT MAY 10, 2000 166 i which are currently under construction behmnd our house. 2 My husband and I have stayed in 11 bed and 3 breakfasts around the country. And according to the 4 owners of these establishments and the townspeople, these 5 B&B's all had a very positive impact on the community, 6 mainly by bringing in business for the local economy. My 7 husband and I are definitely in favor of this project 8 It's a great opportunity the City of Denton should be 9 excited about and proud to be a part of. 10 MR. ENGELBRECHT: Thank you Any questions, 11 Commissioners? Thank you. Dan Martin. 12 MR. MARTIN: Commissioners, I'm Dan Martin at 13 717 Lafayette Drive. My house is located on this lot as 14 indicated here and backs up to the proposed development. 15 I think I shared some concerns with what would happen with 16 this smte sometime ago as Lillian Miller started to 17 develop commercially. And even though this was zoned 18 SF-15, I think, for single-family residence, it, in my 19 mind, was not very practmcal that mt would develop that 20 way and that anyone would risk purchasxng those lots and 21 Cry to develop them into single-family residences and that 22 the curb cut coming off of Lillian Miller would not be 23 very practical and a common driveway in front of the 24 residence would push the residence back to the property 25 line so that a -- and force a house probably to go to PLANNING AND ZONING DRAFT MAY 10, 2000 167 i two-story looking back into the backyards and forcing a 2 privacy issue between residents. 3 So having a feel for that and that that % wouldn't be very marketable for someone to risk that 5 investment, I too looked at this site to develop myself. 6 And to avoid having a high density commercial perk in my 7 backyard, I looked at the site and went as far as a 8 preliminary investigation with the City staff to 9 developing garden homes in this location. And as I 10 started visiting with the neighbors and such, I ran into e 11 little bit of resistance from the neighborhood. And not 12 knowing how to well define what garden homes were, and 13 they seemed to be concerned with the density of that type 1% of development 15 It wasn't in short time that I ran across 16 Rick~s plans, very preliminary plans for this himself and 17 I acquiesced to him because I felt like h~s development 18 was much more neighborhood-friendly than any other option 19 that I could consider. So I backed off of my plans to buy 20 this property and to develop it in garden homes and I feel 21 like his development probably is the highest and best use 22 and probably is the most friendly to the neighborhood of 23 any other thing that could, from a traffic standpoint, 2% from a density standpoint, from trees, from landscaping 25 From about anything that could be planned here, I can't PLANNING AND ZONING DRAFT MAY 10, 2000 168 i imagine anything going in my backyard that would be more 2 pleasing to me than what he~s planned, particularly in 3 light of the quality of architectural treatment he's 4 putting in and the careful selection of the building site 5 itself on this development site. 6 I think he~s gone -- he visited with me early 7 on what his plans were. I think he has gone to a great 8 extent to take in public input from the commun=ty and from 9 other people such as myself and other developers in 10 developing this. And I would highly recommend it. And, 11 again, in the public, in the community or the neighborhood 12 meeting that we had, there was a natural resistance to 13 a~ything being developed back here But as we talked 14 about what the alternatives were, what the options were, I 15 ~hink I heard from the neighborhood resLdents that this 16 probably was the best selection of any of what the options 17 would be. So some of those people who came to the meeting 18 in opposition of any kind of development, when it was 19 couched in such a way that, well, if you don't do this 20 then the likelihood that this will develop in a 21 high-density commercial strip was very likely, I think 22 most of them started falling in favor of this And I 23 think it was very ty~oical of what you see with most 24 neighbors resist anything coming in until they understand 25 what some of their -- what the alternatives are. PLANNING AND ZONING DRAFT MAY 10, 2000 169 i I'm very much looking forward to this. I 2 think it's going to be a great asset to the neaghborhood. 3 I think it's going to be very attractive. I think it's 4 going to have a lot of curb appeal. And more than 5 anything else, I'm going to enjoy lookang at my back door 6 and my back deck and see something that is thas attractive 7 rather than a lot of high-density rooftops. So I'm very 8 much in favor of the project and I hope you consider his 9 proposal. Thank you. 10 MR. ENGELBRECHTz Commissioners, any 11 questions? Mr. Rishel. 12 MR. RISHEL~ You don't anticipate the need for 13 some sort of a high-rise parking garage in that immediate 14 area, do you? 15 MR. MARTINz I sure hope not. 16 MR. RISHEL~ Okay. I lust wanted to check. 17 MR. ENGELBRECHT~ Thank you Brennan Gourdie. 18 MR. GOURDIE~ Well, my name is Brennan Gourdae 19 and I live at 713 Lafayette which as actually the area 20 marked in blue. I did submit a statement saying that I 21 was neutral to the development. I have a couple of 22 concerns and I'll explain them Like Dan, I think my 23 preference would be to have had this developed as 24 single-family residential homes but I realize that the 25 land is not really conducive or set up that way I think PLANNING AND ZONING DRAFT MAY 10, 2000 170 I Rick Moore has done a very good Job of trying to take a 2 piece of property and develop as a bed and breakfast. And 3 I think, unlike the developer to the east of that, he's 4 done a good Job at listening what the neighborhood 5 concerns are and he's demonstrated that he wants to save 6 as many trees as possible. 7 I do have a few concerns. Earlxer in this 8 meeting it was mentioned on a previous property about what 9 restricted uses would be in place to prevent something 10 from being developed if, for some reason, Rick Moore did 11 not go through with the bed and breakfast. And I'd like 12 to make sure that what's in the statutes clearly will 13 definitely restrict what can be put on that property. I 14 did note the fact that he's got a few more parking spaces 15 on it than number of rooms and I guess I can understand 16 now why he's asked for that. Personally, I'd like to see 17 it limited to 18. I did like his suggestion that either 18 putting a berm or a low shrubbery in place to keep the 19 lights from shining into the backyards. I do live along 20 where those headlamps would point. And I agree it doesn't 21 need to be a six-foot fence or six-foot berm but at least 22 something chest-high to prevent the lights from going in 23 because people will be coming in at all hours of the day. 24 The other concern I didn't mention here is the 25 request to have the pool and sauna area opened up until PLANNING AND ZONING DRAFT MAY 10, 2000 171 i 11~00 a.m. I know I do a lot of traveling. I've stayed 2 at a lot of hotels and it seems like a lot of them do 3 limit it to 9~00 p.m. both for concerns from the neighbors 4 and as well as li&bility, as well. The way the main 5 building is set up, it could become just an echo chamber 6 for any noise or activities that do occur back behind that 7 area. 8 I didn't hear anything about a liquor license 9 related to parties being thrown there or weddings. I 10 guess I~d like to hear more about what is planned. I 11 would want to make sure that if there are weddings, and 12 unfortunately I~ve been to some pretty wild ones, but they 13 can go on pretty late in the night and with quite a bit of 1% noise created. But overall for the property that's there, 15 it's not a bad solution as long as it's very controlled of 16 what could go on there and what type of activities can 17 take place. Thank you. 18 MR. ENGELBRECHT~ Any questions, 19 Co~issioners? Thank you, Mr. Brennan -- Mr. Gourdie. 20 Sorry. Marcilla Collinsworth. 21 MS. COLLINSWORTH= Good evening or good night 22 or whatever. It,s getting late and I will be brief. My 23 name is Marcilla Collinsworth and I live at 1712 Lynhurst 24 &nd it is this house on the corner of Southridge and 25 Lynhurst and I do back up to the property I purchased PLANNIN~ AND ZONING DRAFT MAY 10, 2000 172 I this home six-and-a-half years ago. I have been in it 2 six-and-a-half years and I have had terrible nightmares of 3 fear of what's going to happen to the beautiful greenbelt 4 that we~ve always had on the Lillian Miller Road. Well, I 5 have watched the development. I have watched what's 6 happened down Lillian Miller and it seems like this is 7 something that we keep trying to hold onto. I mean, I'm 8 very concerned about that. I~m not really a nut about 9 trees. I love them but the thing is it is something that 10 makes our city so beautiful. 11 I looked when this was first presented, I 12 almost Jumped for Joy and then I settled down and realized 13 that, you know, this was maybe something we never thought 14 about that could happen. We've always had the fear, the 15 neighborhood, and I cannot speak for them, of course, but 16 for myself, the fear of a business going in back there or 17 six homes or nine homes. The trees will be gone. The 18 traffic will be gone. And personally for the taxes I pay, 19 I don't want someone looking over my fence into my pool. 20 I mean, I would have lived somewhere else. 21 It's a beautiful area. I think, along Lillian 22 Miller, has improved tremendously with the growth. 23 Driving dow~ the street Just yesterday to look at it from 24 a different angle and maybe through a different view, ~t's 25 almost to an area that it's now -- well, what I'm trying PLA17RING AND ZONIN~ DRAFT MAY 10, 2000 173 i to Say is that the beautification of the fence, what I 2 understand from Mr. Moore that it will be sprinkled, we 3 will have landscaping. We will have a very beautiful 4 pathway down Lillian Miller from this. Again, not to 5 repeat everything Mr. Martin Just said, and that's why I 6 put my notes in my pocket, he just about covered 7 everything I had planned to say, but with the protection 8 of the trees, this will be the least damage to our 9 greenbelt. It's a beautiful structure, as you've all 10 seen. I really like this and I'm really for it and I have 11 sent my information in as in favor of this. 12 And I do understand Mr. Gourdie's concerns and 13 these are some of the concerns all of us did raise. So I 14 am very much for this. I think it's going to enhance the 15 property value of the neighborhood. And in the mean tame, 16 it will certainly get rid of all the critters, the 17 wildlife. I'm tired of possums, skunks, wolves, foxes, 18 whatever else, and armadillos coming into our yard. And 19 everything, all the growth has moved, as they've all moved 20 to this one little patch of trees, they seem to love my 21 yard. I don't know if the other neighbors are having this 22 experience but I am very excited about having the new 23 fence along Lillian Miller for the sound, the safety, the 24 security, and for the critters So thank you very much. 25 MR. ENGELBRECHT~ Any questions, PLANNING AND ZONING DRAFT MAY 10, 2000 174 i Commissioners? Thank you. Is there anyone else present 2 who would like to speak in support of this petition? 3 A~yone else present to speak in support of the petition? 4 In that case, I do have one card from DBC Investments, 5 2~00 Lillian Miller, indicates support. We think it's a 6 good use for the topography of this site. 7 At this time, we'll move to those who wish to 8 speak in opposition. I do have a number of cards 9 Clemence Rawley. 10 MS. RAWLEY: Good evening, Commissioners My 11 name is Clemence Rawley. I live at 1%21 Hunters Ridge 12 Circle which is this house right here. My husband 13 actually faxed in the negative vote on the bed and 14 breakfast, but I have a few issues since he's out of town 15 that I'd like to address. I have no doubt that the Moores 16 will build a beautiful facilxty. As a matter of fact, as 17 he already has stated, he built the beautxful home that we 18 now reside in. And it is wonderful and I know that this 19 bed and breakfast will be lovely. As a matter of fact, I 20 would probably stay in it myself if I had $150.00 and if I 21 had the opportunity that it was somewhere else other than 22 in my own backyard. 23 We moved into our home last October, almost 24 November of '99. And at that time we were told, my 25 husband specifically asked, what will happen to the PLANNING AND ZONING DRAFT MAY 10, 2000 175 1 greenbelt behind us because it ms a concern. And we were 2 told that it would be a single-family residence and that 3 made us very happy that it would be a community of 4 single-family residences. And so I don't thank that we 5 would have bought that property had we known that it was 6 going to be something else. 7 My concern is not for the beautiful facility 8 that the Moores propose to build, but it is more the assue 9 that Mr. Gourdie brought up. I have questions. If 10 there's going to be a wedding of 150, 200 people an the 11 evening, is there going to be alcohol served? Are there 12 going to be people out in the pool area which will be in 13 my backyard Just about? Will there be noase of that 14 nature? That is a concern to me, very definitely. 15 I'm also concerned, in the, I think it was 16 No. 5 that we endured earlier thas evening, Ms. Apple 17 brought up the question of permitted uses for the property 18 should it revert to something. I wish the Moores all the 19 success in the world. I don't have the confidence. I 20 don't know for sure that they have the contracts they've 21 stated that they were going to have with universaties. 22 And I know at the neighborhood meeting, they mentioned 23 perhaps having Peterbilt as one of their clients to help 24 send people to their bed and breakfast. And I thank 25 that's wonderful but my real concern as af this property PLANNING AND ZONING DRAFT MAY 10, 2000 176 i with a 14-room site goes belly-up, what's going to happen 2 there? We were told at the neighborhood meeting that 3 they'd have to come back for rezoning. But there's already going to be a 14-room site there. There's going 5 to be plenty of other room on this site for an additional 6 building to be built. To me, that frightens me. It's 7 shades of a motel in my backyard. 8 It is a beautiful site and I th~nk that the 9 Moores have thought it out beautifully but I'm very, very 10 concerned that my property value -- we had all the places 11 in the world we could have moved from Dallas Residents 12 all our lives there and we moved here for many reasons~ 13 most of all, to be close to our boat that we now can't 14 take out because we don~t have enough water in the lake. 15 But also for the cultural facilities that are up here, for 16 the visual arts that are available in this wonderful city. 17 And so from having moved from Big D to Little D, if you'll 18 forgive me for calling it Little D, we felt that we got 19 the beet of both worlds with the cultural advantages and 20 the peacefulness, the beauty of the countryside, the 21 lovely preservation of trees. And although this site will 22 protect that in many, many ways, my great, great concern 23 is that if it does not survive, if it does not maintain 24 what itfs being built for, what's going to happen to that 25 lend. PLANNING AND ZONING DRAFT MAY 10, 2000 177 i And I guess my question is are there any other 2 permitted uses for this property as it stands now? Or if 3 the zoning is changed, can it be something else? Can that 4 building become something else? We went down this whole 5 list of schools and resident nursing homes. There's a 6 nursing home facility across the way on Lillian Miller 7 that is belly-up, is almost belly-up now. It's changed 8 hands twice since we've been here in five-and-a-half 9 months. So this is my big concern and I thank you for 10 listening. 11 MR. ENGELBRECHT~ If I might, I don't know if 12 you've seen the entire plan, but on the detailed plan, the 13 first general note is entire site acreage is for bed and 14 breakfast use. There is no other use. 15 MS. RAWLEY~ It can't be for any other use? 16 MR. ENGELBRECHT= No other use. 17 MS. RAWLE¥: So if it goes -- if it meets its 18 demise, end I don't wish ill in any way, but if it does 19 meet its demise, then that property would have to come 20 back to P&Z to be changed to something else. 21 MR. ENGELBRECHT: To some other use 22 MS. RAWLEY: So we'd have to go through all 23 this whole process again. 24 MR. ENGELBRECHT~ If ~t was to be used for 25 some other use, yes. PLANNING AND ZONING DRAFT MAY 10, 2000 178 i MS. RAWLEY~ Oh, okay. 2 MR. ENGELBRECHT= Yes, yes. 3 MS. RAWLEY~ All right. That answers that. 4 Thank you. 5 MR. ENGELBRECHT~ Kathy Shamp 6 MS. SHAMPt Good evening. My name is 7 Katherine Shamp and I live at 1604 Lynhurst. And my 8 property is gone now. It's next to the corner where the 9 red opposed side is. 10 MR. RISHEL= Use the map, the docu~cam. There 11 you go. 12 MS. SHAMP~ Okay. Right there. 13 MR. RISHEL~ Wonderful. 14 MS. SHAMP~ And I have mixed emotions or mixed 15 -- somewhat opposed and I did try to fax my report back to 16 you many, many times in the last two days and I finally 17 gave up. I even called and got another number and that 18 was busy. So I brought it to hand in if that's okay. My 19 primary concerns are -- and I would like to reiterate 20 first that I appreciate the applicants wanting to save the 21 trees and to design this beautiful, it looks like a very 22 beautiful building. The primary concern I have is the 23 size of the facility. This is not a small endeavor here. 24 This is -- I think bed and breakfast is not the proper 25 word I would use. I would call it a hotel. I would call PLANNING AND ZONING DRAFT MAY 10, 2000 179 I it an inn. I would call it a motel, a nice motel. The 2 size of the pool, the spa, the size of the facility, 3 11,000, almost 12,000 square feet, 1,000 foot garage -- 4 the pool and spa will be basically close to where my home 5 is and I have some concerns about the lighting at night, 6 the time in reference, if it's 9.00 or 10500 o'clock, that 7 who would be using it and how late and so forth. 8 My concern is that if this has a grand piano 9 in the dining room and supposedly there is no cook but 10 there ie going to be 40 guests everyday or possibly for 11 dinner, that's going to include quite a bit of 12 preparation. And I would Just have a few questions as to 13 who would be preparing the food. And it appears to me 14 that it's an establishment that's going to be a lot for 15 entertainment. And I think the basic idea of a bed and 16 breakfast is wonderful and if it was lust that, I would be 17 more -- I would Just think it would be great. But the 18 idea of the restaurant at night and how this could begin 19 to be maybe Just for weddings but then it's open to, okay, 20 somebody in Denton wants to have a program of some sort, 21 they want to have a meeting, there would be lots of 22 different groups that would be looking for a meeting sate 23 such as this, that it would be constantly being used 24 eventually for this and not Just the bed and breakfast 25 idea where people come and stay for breakfast and swim or PLANNING AND ZONING DRAFT MAY 10, 2000 180 i whatever a little bit and that's ~t. 2 I think that is -- that covers my primary 3 concerns. The last one would be, again, what would it be 4 possibly down the road? What guarantee do we have that 5 this property would not be expanded or changed in any way? 6 When they say bed and breakfast, what does that mean 7 exactly? And thank you very much 8 MR. EN~ELBRECHT: Any questions? We do have a 9 question. 10 MS. SHAMP= Okay. 11 MR. EN~ELBRECHT= Mr. Williams. 12 MR WILLIAMS= Yes. Would you state your name 13 again so I can call you by your name, please? 14 MS. SHAMP~ Kathy Shamp. 15 MR. WILLIAMS: Yes, Ms. Shamp, you mentioned 16 something, you had a concern about lighting. Could you be 17 a little bit more specific? 18 MS. SHAMP= Okay. Lighting in terms of the 19 pool area because -- and in terms of the -- since my home, 20 the backyard will be facing the exterior of their 21 facility, I Just would like to know what type of l~ghting 22 there will be at night so that I don't feel like I'm -- if 23 I'm sitting outside or looking out ~n the back, I'm not 24 looking into a lot of high lights. 25 MR. WILLIAMS= Also, you mentioned a concern PLANNING AND ZONING DRAFT MAY 10, 2000 181 i about meetings and I guess I~m kind of confused. What is 2 your concern about meetings? Because at seems like people 3 who go to meetings, since I go to meetings, ere kind of 4 upstanding citizens. 5 MS. SHAMP~ I think it's lust in terms of the 6 traffic and that it would be used instead of a -- it's 7 being called a bed and breakfast but it seems to me that 8 it's more of a resort and it's more of a hotel. I think 9 that's my main concern that it's actually going to be used 10 as an entertainment vehicle to make money in terms of a 11 restaurant and to use it, to rent it out for meetings. 12 MR. WILLIAMS Thank you 13 MR. ENGELBRECHT= Thank you. Ann Marchand. I 14 hope I did that justice. 15 MS. MARCHAND~ Hello. Ann Marchand and I live 16 on 1509 Lynhurst Lane, right about an that location. Of 17 course, I don't back up to it but it does affect property 18 values end so forth. I think it's a beautiful building. 19 I Just think that there needs to be some type of control 20 on the facility and I do defin~tely understand what 21 Kathy's talking about there. A lot of these issues that I 22 had have already been brought up so I~m not going to 23 reiterate that. One of the things is the type of 24 construction on the back side of the building Is it 25 still going to be brick and rock? You know, sometimes PLANNING AND ZONING DRAFT MAY 10, 2000 182 i people can have & really nice front but then you get on 2 the back side and it's all wood and it deteriorates fast 3 and so forth. I assume Mr. Moore would build something that would be nice. I don't know what the total quality 5 of the exterior is going to be, but that would be 6 something that would be of concern. 7 Another thing is it does sound like quite a 8 large facility. Is there going to be meeting rooms and so 9 forth? Like you go to Residence Inn or whatever and they 10 have meeting rooms where people can stay and they meet and 11 have seminars and -- I mean, you know, we'd like to know, 12 is this going to be an ongoing resort or is it Just going 13 to be a place for people to go, stay the night, have 14 breakfast, dinner, leave type of deal? 15 Also, the parking, if you're going to have 16 large dinner parties and you only have 19 parking spaces, 17 where are all these people going to park? Are they going 18 to park down Lillian Miller Drive? 19 MR. EN~ELBRECHT: Can't. 20 MS. MARCHAND: Well, I mean, that's a question 21 and it is & concern. I mean, we're the ones that are 22 going to be faced with it, trymng to get in and out of our 23 residences if people are parking up and down our streets. 24 Also, the limit to the pool time, I think also 25 would be a concern. And also a limit to the time on the PLANNIN~ AND ZONIN~ DRAFT MAY 10, 2000 183 i parties. When you start getting wedding parties and so 2 forth over there, I think sometimes people get to drinking 3 if there is liquor or whatever, carrying on and at can go 4 until 11500, 12500 o'clock at night And when you've got 5 people that go to work the next morning, they're wanting 6 to go to bed and you've got a loud party going on over 7 there. And, you know, it's not -- sometimes with a 8 residence it might happen once an a blue moon. But when 9 you've got a facility like this that is run commercially, 10 I mean, that is a cozmnercial business that they're trying 11 to run there and they're going to have parties, you're 12 going to be faced with this. And I don't know zf there's 13 any way to have any control over that or not But that's 14 something I would think that the cLtizens would be 15 concerned about and the people that back up to that. 16 The other thing Ks -- I don't know Lf the City 17 of Denton has it. I sell real estate a lot in Flower 18 Mound. I think that the citizens over there in our 19 ~eighborhood were very concerned about the number of trees 20 that came out of the Irwin property down the road. I 21 think those are beautiful buildings he's putting in but I 22 thought that there was supposed to be left around 2,000 23 trees on that property and there's not. I know that the 24 City of Flower Mound -- the b~ggest amount of trees that 25 are left on that property is that location where the PLANNING AND ZONING DRAFT MAY 10, 2000 184 i gentleman owns the lot behind hie house. And I know the 2 City of Flower Mound has gone in and they have fined the 3 developers of Wellington for taking out more trees than % what they proposed. 5 And I don~t know if that's something that 6 needs to go back on, but I think in this type of 7 situation, that is a concern of the people there, too, is 8 that these trees stay. If that's what's proposed and the 9 City approves that, I feel like these developers should be 10 fined for not coming through with what they propose 11 Also, around the pool area, I assume there's going to be a 12 fence of some sort for -~ 13 MR. ENGELBRECHT= Has to be by safety 14 ordinance. 15 MS. MARCHAND= Okay. I just didn't see any 16 fence on the plans so that was lust a concern for safety 17 reasons. And also, yeah, I think that there probably 18 neede to be some type of shrubbery or something for those 19 headlights because, sure, it does slope down and so forth, 20 but what happens when they back up and go down to 7-11 or 21 whatever in the middle of the night, those lights are 22 going to be shining right back into those people's back 23 windows. And most of them have master bedrooms towards 2% the back of their house. 25 Let's see here. What =s the fence height PLANNING AND ZONING DRAFT MAY 10, 2000 185 1 along Lillian Miller, the stucco fence? 2 MR. ENGELBRECHT~ We'll get that answered in a 3 m~nute. If you want to go ahead, staff will look that up 4 while you're -- 5 MS. MARCHAND~ Okay. I think that's all I 6 have. I was just -- you know, had some concerns I felt 7 like that needed to be brought up and I hope that they 8 will be addressed. Thanks. 9 MR. ENGELBKECHT~ I think we do have a 10 question then I have some comments Mr. McNeill. 11 MR. MCNEILL~ Yeah I guess my question is 12 about your concern about parking because I live on 13 G&tewood and I don't -- 14 MS. MARCHAND~ well, they could park at your 15 place. 16 MR. MCNEILL~ I don't visualize that they're 17 going to walk all the way up Lillian Miller all the way 18 down Southridge and then down four blocks to park. Is 19 that what your concern is? 20 MS. MARCHAND~ No. They're going to be 21 parking down Southridge Drive, correct? I mean, if they 22 only have 19 parking spaces -- 23 MR. ENGELBRECHT~ 22. 24 MS. MARCHAND: If there's 80, 100 people over 25 ~here to this wedding party, where are these people going PLANNING AND ZONING DRAFT MAY 10, 2000 186 i to park? 2 MR. MCNEILL= I haven't heard anybody say 3 there would be 100 there. I haven't heard that 4 UNIDENTIFIED SPEAKERs At a wedding or a 5 party, I~m sure a wedding would have 100 people. 6 MR. MCNEILL~ Thank you. 7 MS. MARCHAND= Okay. I mean, that is a 8 concern. 9 MR. ENGELBRECHT. Sure. 10 MS. MARCHAND= They're going to find other 11 places to park and we're going to have a hard time going 12 down Southridge to get to Lynhurst or Gatewood or 13 wtlerever. 14 MR. ENGELBRECHT~ That's part of one of the 15 reasons why they -- why the parking is no larger than it 16 is because that's sort of self-limiting. And the 17 driveway, I believe, will be designated as a fire lane and 18 they cannot park in the driveway. And you can't park on 19 Lillian Miller so you've pretty well self-limited the size 20 of the parties to some extent. And there is some other 21 drive areas but I~m going to address that 22 With regard to one of your other questions, 23 there is a condition that it be all stone or stucco. That 24 was a condition that was put in. 25 MS. MARCHAND' Okay What's the deal on the PLANNING AITD ZONING DRAFT MAY 10, 2000 187 i trees, Just for curiosity? 2 MR. ENGELBRECHT~ Well, the tree ord~n&nce 3 will answer that. And I tell you what, staff will fill 4 you afterwards with regard to the tree ordinance, but 5 there are -- we have an ordinance with regard to what they 6 can take out and what they can't. And many of the trees 7 are specified. Since it's a Planned Development, they're 8 specified on here and they can't remove them without 9 modifying this. 10 MS. MARCHAND= Okay. Is the Irwin property, 11 are they going to go back in and put some trees? 12 MR. ENGELBRECHT= Staff wall have to take that 13 up with you with regard to the Irw=n property. I don't 14 know what the story is there, the details But please ask 15 staff about that. Take it back to the City and find out. 16 MS. MARCHAND~ Okay I think they're 17 beautiful buildings but that's not what we agreed to 18 whenever we went to the meeting. 19 MR. ENGELBRECHT= If they didn't comply with 20 ~he ordinance, then ~he City should and will do something. 21 Yes, Mr. Powell. 22 MR. POWELL~ In general, the Landscape 23 Ordinance doesn't protect trees. By placing conditions on 24 rezonings, sometimes there's specific provisions on 25 properties that they need to protect areas. But the PLANNING AND ZONING DRAFT MAY 10, 2000 188 i Landscape Ordinance only requires that there be 15 trees 2 per acre so the Irwin property would, unless there's a 3 condition, additional condition on that property, have to 4 have 15 trees per acre. 5 MS. MARCHAND. Wasn't there lake some buffer 6 and so many trees on the original plan? 7 MR. POWELL: I don't know the specifics. 8 MR. ENGELBRECHT= Well, I don't think this is 9 the time to address that with this case. 10 MS. MARCHAND: A~d you're probably right but I 11 Just want to make sure this doesn't happen again 12 MR. ENGELBRECHT: Right, r~ght. I understand. 13 But with the other case, please call into staff and find 14 out, talk to them about that case. 15 MS. MARCHAND: okay. Thanks. 16 MR. ENGELBRECHT: Thank you Mary Woodruff. 17 MS. WOODRUFF: I'm Mary Woodruff. I live at 18 704 Lafayette. I have talked with Carol~rn and I 19 appreciate the fact that architecturally I think th~s Ks 20 very nice and it's probably the n~cest suggestion we've 21 had. So even though I have opposition, I'm not entirely 22 opposed to the building and the things that they have 23 proposed. What I am more worried with has already been 24 alluded to, the food service. When I bought my property 25 over here, I certainly didn't intend to be within 200 feet PLANNING AND ZONING DRAFT MAY 10, 2000 189 I of a hotel and restaurant. And, really, a bed and 2 breakfast has a lovely, you know, wonderful romantic name, 3 but most bed and breakfasts are not qu~te this large 4 And the ones I~ve stayed in have breakfast but 5 they don~t serve meals in the evening. And I think the 6 Moores have been very up-front in saying that they would 7 probably like to serve meals Thursday, Friday, Saturday 8 nights, and they've been very honest with us about that. 9 And they can seat 40. If you think about at, a lot of 10 restaurants you go and you're assigned an hour, maybe from 11 6500 to ?530 so you can have several seatings. I can 12 foresee that we could have maybe 150 people served over a 13 meal if we wanted to if they stagger the seating And 14 this is really a real bother to me. 15 I can see a lot of things w~th this dumpster. 16 We have a lot of critters. Perry knows it. At least I 17 know I do. I have raccoons and possums every night and 18 we.re going to have a lot more coming af we have a bag 19 dumpster with all kinds of food coming in. That's just 20 going to come whatever we like it. 21 Even if we Just have 40 people on the inside, 22 we don't have a limitation except for parking as to what 23 they can have on the outside on a pool party. And we 24 haven't addressed the problem of a liquor license and I'm 25 assuming that they will have to have one Is this right? PLANNING AND ZONING DRAFT MAY 10, 2000 190 i Because it won't be a private home facility, will they be 2 required to have a liquor license? 3 MR. ENGELBRECHT~ We'll ask staff about that 4 in a moment. Yes. 5 MS. WOODRUFF: Okay. That's going to be 6 amother problem that I see. I have a question about the ? kitchen. Is food -- we've already talked about, even 8 Carolyxx and I talked about maybe -- she saxd it's not 9 going to be lake the Women's Club and I respect that But 10 I still can see a lot of things happening there that are 11 very similar to what I go to at the Women's Club, 12 different meetings of sort. Are we going to have a 13 commercial kitchen over there? If you're going to serve 14 40 people, it seems to me if you really do it at night, 15 you're going to need a commercial kitchen. So we're 16 really getting into a hotel end restaurant. We're not 17 really talking about a little bed and breakfast here 18 anymore. 19 Now, Perry has already mentioned about what 20 would happen if this is sold and you have answered that it 21 has to stay a bed and breakfast. I would like to ask, I 22 noticed on the plans, it said that we have 14 bedrooms and 23 then one for caretaker. I understood that this is going 24 to be their home and they're really going to live there, 25 not over in the area where they live now. So we're really PLANNING AND ZONING DRAFT MAY 10, 2000 191 1 going to have someone living on the site but not Ln one 2 room, I don~t think. I would like to have that clarified 3 because I don~t think we're Just going to have someone 4 staying there at night. That's not going to be the 5 situation. 6 I believe those are the maLn things. I really 7 worry about the heavy meal service. This is my main 8 concern. I~d like to see breakfast only and it be a true 9 bed and breakfast. And that would be a lovely addition to 10 the area. 11 MR. ENGELBRECHT: We have a question, a couple 12 of them. Mr. Williams. 13 MR. WILLIAMS. Yes. What are your druthers? 14 Because sometimes, and I know Ms. Apple alluded to this 15 one time, sometimes we look at what we don~t want and we 16 forget about what could be. What are your druthers? 17 MS. WOODRUFF~ I~ve been through all thLs 18 I~ve lived here for almost ten years I~ve seen a lot of 19 ~hings go in there and we've gone through this rezoning on 20 this I don~t know how many tLmes. You know, we~ve had all 21 kinds of plans of different things going in there. And I 22 think this is probably as good as anything I~ve seen. My 23 problem is not with the bed and breakfast. My problem is 24 it's not really a bed and breakfast, truly. It's a small 25 hotel with a restaurant and I don't really like living PLANNING AND ZONING DRAFT MAY 10, 2000 192 i right next to a restaurant. And that's what I foresee 2 happening. I Just foresee people coming and going. The 3 bed and breakfast I've stayed in, we even had to key in at 4 night. Well, I can't see that happening here with the 5 number of people you're going to allow to come in and out. 6 You know, 20 parking places sounds fine But 7 it seems to me we may end up with a lot more than, say, 40 8 people or so coming in. And you can stall have four 9 people in a car. You can have 80 or so people coming in 10 and out of these places. So I'm really worried about the 11 size and the food service. Just bed and breakfast, this 12 is okay. But I foresee it growing. Somebody mentioned 13 the moose in the door, the nose in the door awhile ago. I 14 think that's what's going to happen here I'm afraid it 15 is. 16 MR. ENGELBRECHT: Thank you, Ms. Woodruff. 17 MR. WILLIAMS: And I thank you for being very 18 specific because that's what I like. 19 MR. ENGELBRECHT: Thank you. Thank you. 20 have no other cards. Is there anyone else present who 21 would like to speak in opposition? Anyone present to 22 speak in opposition? Seeing no additional opposition, the 23 petitioner has an opportunity for rebuttal. 24 MR. MOORE: Number one, the laws that govern 25 alcohol service in the State of Texas will dLctate that we PLANNING AND ZONING DRAFT MAY 10, 2000 193 I have a liquor license if we have a bottle of wine on the 2 site. So, yes, we will have a liquor license because we 3 plan on having hopefully some honeymooners staying there 4 and hopefully we'll be able to serve them a glass or wine 5 or a bottle of champagne. So there will be a need for a 6 liquor license. 7 I want to, a couple of things, I want to 8 downplay the food service. And I'll just say it outright, 9 I asked for the food service that I dxd because I want 10 protection. And I'll go a little further When I did 11 E11ison Park, I did a site plan under a PD and I put on 12 there what staff asked me to put on there, and I came back 13 in with a house that fit on that site plan. And because 14 it wasn't the shape of the hashmarks on that detailed plan 15 on that PD, I spent $2,800.00 of my money to come back 16 down in front of this organization and extend the 17 hasl%marks on my PD. I don't want to do that again with 18 this case so I asked for, honestly, what we were trying to 19 do and that is that there is a possibility that we are 20 going to have food service in the evenings. We're not 21 going to go out and solicit these people to come over. My 22 wife doesn't want to do it. We would have to hire 23 somebody as a staff me~ber to come in and cook or we would 24 have to have it catered. 25 To cover the issue of serving these people, we PLANNING AND ZONING DRAFT MAY 10, 2000 194 I would have caterers come in on functions where people have 2 leased the building and were staying there and that they 3 wanted to have a dinner at night. We would have a 4 catering service in there. As far as a commercial 5 kitchen, I've been told by Greg over at Building 6 Inspections, because of State laws that govern the nu~mber 7 of people you serve, which is six rooms in the hotel 8 business, you have to have a commercial dishwasher. And 9 my fire regulations, we have to have a commercmal vent-a- 10 hood and a commercmal fare suppression system. So, yes, 11 there is a commercmal kitchen in there but not dictated by 12 demand, but dictated by ordinances 13 There was a question of meetings The lA facility is geared towards -- to define a bed and 15 breakfast a little better, the occupancy rate is nearly 16 100 percent on the weekends and it's down near the 50 17 percent range during the week. We do have a desire to 18 have meetings in there. We've already been contacted by a 19 couple of ladies' groups, teas and things of that nature 20 that wanted to have it there. It makes up such a small 21 part of the revenue of a B&B. Alcohol sells makes up less 22 than one percent. Telephone, long-distance service makes 23 up about one-and-a-half percent. Meeting room facilities 24 make up about two percent of the overall revenue that the 25 site generates. So they make up such a small portion, PLANNING AND ZONING DP, AFT MAY 10, 2000 195 i we're not dedicating our time to those functions. We do 2 h&ve the facility available. 3 And I wanted to correct everybody so I'm, 4 again, not misleading. There's 22 spaces at the front of 5 the building in the parking lot and in the entryway, that 6 motor court, can actually accommodate three more cars. So 7 the site can actually accommodate 25 cars at the front and 8 then there's parking at the rear, three spaces for our 9 employees and ourself. The garage is the size that it is 10 to accommodate -- I personally have had a three-car 11 garage, a place for my boat, a place for my junk, and a 12 place for my wife's car, and that's -- so we've got a 13 three-car garage and then we figured that the inn, 14 changing out whatever air conditioning servxce, 15 mattresses, other furnishings, and maintaining those 16 items, those other two spaces of the garage were commxtted 17 for that purpose as a service facility So we tried to 18 &d~ress not having, again, being limited to 25 spaces, the 19 fire lanes -- again, our desire is not to service 100 20 people -- I mean, that's not our goal. Our goal is to 21 provide first-rate rooms for Denton or anywhere else, 22 first-rate breakfast for the customers that stay there, 23 and an occasional dinner for our customers and their 24 guests on the weekends. 25 MR. ENGELBRECHT: I believe we have some PLANNING AND ZONING DRAFT MAY 10, 2000 196 i questions. Mr. McNeil1. 2 MR. MOORE~ Okay. 3 MR. MCNEILL= Ricky, isn't the shrubbery, I 4 mean, the growth along the property line so thick that 5 even if you put -- you suggested you would be willing to 6 put in a hedge, but even without that hedge, it's so thick 7 it would be very difficult for car lights to shine through 8 there. 9 MR. MOORE: That's correct. I'm not opposed 10 to putting a hedge in. Most of these properties have 11 solid wood fences and then the density of the trees, I 12 don't see it as being an issue. But I'm not opposed to 13 doing it. I thank it could actually look pretty nice I 14 just don't want to block a view of my site so I don't have 15 a problem with doing that 16 Something else that I wanted to point out, 17 they brought up the tree issue. And if you see these 18 lines on here, this drive is 18 feet and we've agreed that 19 there's a ten-foot setback on each side of that so that's 20 actually what we're clearing. We're actually going to 21 erect an orange construction fence where you see these 22 lines to protect the trees that are ~nside of those Zones 23 1, 2, and 3, so we won't disturb those trees. I can't say 24 absolutely that I won't have a driver come in there and 25 back a truck into one of them. It's Nona Muncie's ]ob to PLANNING AND ZONING DRAFT MAY 10, 2000 197 i come out and verify that we're doing a good job and we're 2 honoring what we say we're going to do And we'll do that 3 and, I mean, we'll keep our commitment. 4 Back to Just one issue on trees I'd like 5 everybody to know, back during the same year as the 6 Okl&homa City bombing, I think it was ten years ago, the 7 day after the bombing there was a story that ran about me 8 in the Denton Record-Chronicle on the front page. And 9 they had a gentleman out there holding a limb and they 10 took & picture of it laying on the ground, shot up at an 11 angle so it was nice and big, and I'd cut a limb off of a 12 tree over on Mack Drive. And I was golng to build a 1,500 13 square foot house around an 18 or 20-inch oak tree that 14 was just absolutely beautiful and they'd been using ~t for 15 a swing set in the neighborhood 16 And there was a huge uproar The C~ty was out 17 there every day. The police department was out there I 18 was killing a tree, da, da, da, da, da. If you drive out 19 there, the house fully goes around the tree and the tree 20 is as he&utiful as it ever was. We took except~on&l care 21 to build a $70,000.00 house around a tree and wefre going 22 to do the same thing for every tree on this lot. 23 MR. ENGELBRECHT~ I believe we have some other 24 questions. Mr. Williams. 25 MR. WILLIAMS: Yes I'm vaguely familiar with PLANNING ~ ZONING DRAFT MAY 10, 2000 198 1 this area. What buffer will you have for the nexghbors 2 that abut your property? 3 MR. MOORE~ The mxnimum at the present time 4 is, as you see, the terrain varies greatly across here. 5 Each one of these lines indicates a two-foot drop, each 6 one of the dotted lines. So you can see it's going down a 7 hill. There's all types of retaining walls along this 8 back wall here. This is approximately, at the narrowest 9 point, 40 feet to our nearest structure from anybody else 10 out there. The spa pavilion, somebody was worrxed about 11 lighting and things, the back wall of the spa pavilion is 12 solid. There's no lights that can come out of the back of 13 that. And then we have all of the growth I didn't bring 14 my picture up here but this ~s a stand of trees this 15 heavy. There's no undergrowth there really. There's no 16 heavy plants there. 17 But we had talked about, if xt was an issue, 18 to have something there. And since then, we've had 19 several of our neighbors say, no, we don't want that We 20 would rather be able to have it natural backed up to our 21 fence. We don't want to put a fence against a retaining 22 wall or a fence against a fence because you get debris, in 23 between fence you get grass that you can't kill, and you 24 get a rotted fence is the bottom line. So we have worked 25 to try to keep a natural buffer along all the property PLANNING AND ZONING DRAFT MAY 10, 2000 199 i lines and trees. 2 MR. WILLIAMS~ Thank you. 3 MR. ENGELBRECHT~ Mr. Moreno. % MR. MORENO~ Yes, sar, Mr. Moore. Somebody, I 5 forgot who raised the question of lighting around the pool 6 area. What are you going to do in that area, sir? 7 MR. MOORE~ All of our exterior lighting will 8 be low landscape lighting, either like walk lighting 9 that's pointed down, doesn't point up. We would like to 10 light the front of our facility in accordance with the 11 present lighting regulations. And the pool would be lit 12 with low-voltage pool-tlrpe lighting. No arms. 13 MR. MORENO~ Wouldn*t have anything overhead? 14 MR. MOORE~ No, sir. 15 MR. MORENO~ What about above your parking 16 area? 17 MR. MOORE- Above the parking area, to be 18 honest with you, we had not considered any light=ng other 19 than some type of sodium vapor light on maybe a ten-foot 20 pole. And that would be in the type of fixture, almost 21 like an old-style street lamp, and that's what we had 22 considered there. 23 MR. MORENO: All right, sir. Just one other 24 question. The seating capac=ty of your -- excuse me. 25 MR. MOORE~ On the parking lot, there is a PLANNING AND ZONING DRAFT MAY 10, 2000 200 I cobra-head street light and I think it actually shows up 2 on the site here somewhere, that's right at that drive. 3 The south drive, there's a city cobra-head that's out 4 there. 5 MR. ENGELBRECHT~ That would be there anyway. 6 MR. MOORE~ Yeah, it's there It generates 7 quite a bit of light. 8 MR. MORENO: Okay. Tell me again the seating 9 capacity of your dining f&cil~ty. I think I heard 40. 10 MR. MOORE= 40, that is correct. And let me 11 explain. There's three rooms above our dining facility. 12 It would have been smaller but stacking ~t and putting the 13 sprinkler system in there and everything, you had these 14 three rooms. And you had a choice of putting a wall down 15 the middle of it and making it two small rooms or making 16 one big room out of it. And, actually, it has a screening 17 device right down the middle of it in the design so =t can 18 be pulled across there. So it can actually be a smaller 19 facility. 20 One of the big things is we wanted the 21 coziness so we decided to put the screen facility in there 22 Just so when people walk ~n there, they didn't feel like 23 they were in a big room and there were three or four 24 people in there and they were in there all by themselves. 25 MR. MORENO: Okay There was some concern PLANNING AND ZONING DRAFT MAY 10, 2000 201 i expressed that these parties would get larger than what 2 we're envisioning this evening. And I Just, in regards to 3 wedding parties and things of that nature, I can't 4 envision that small of a wedding. Although I suppose -- 5 MR. MOORE: They're everyday at B&B's. 6 Actually, a BaB wedding or reception is completely 7 different than the weddings that everybody envisions. 8 What usually happens is it's usually a rem&rrm&ge and it's 9 a husband and wife and the fammly member from each side. 10 MR. MORENO: I see 11 HR. MOORE~ There's actually a facility in 12 Arlington that we visited that was built two years ago and 13 actually it's a major portion of the bus~ness And they 14 lease the whole facility, which is 12 rooms, to weddings. 15 And they had 31 events last year. 16 MR. MORENO= So you'll be targeting a specific 17 type of wedding party, I guess. 18 MR. MOORE: That's exactly rmght Our target 19 is going to be the wedding party that wants to lease our 20 rooms. That's the target. 21 MR. MORENO= Okay. One other th=ng on food 22 service. You say you're going to have that catered on the 23 weekends or evenings? 24 HR. MOORE~ That's right. My wife, we've 25 talked about several scenarios. There are a couple of PLANNING AND ZONING DRAFT MAY 10, 2000 202 i very fine chefs in this town that move about and they -- 2 we had talked about hosting on a reservation only. And if 3 food service is that big of an issue, then we would look % for some kind of compromise. But I don't want to, again, 5 I don~t want to get in a situation where I say I don't and 6 then I do. I want to be completely honest with you and so 7 I want to say I want the opportunity, if my guests want a 8 meal on Friday night, I want the opportunity to serve them 9 that meal. I don't want to mislead anybody ~- 10 MR. MORENO~ Okay. I think that answers my 11 questions. 12 MR. ENGELBRECHT= Are there other questions, 13 Commissioners? 1% MR. MOORE~ Chairman, one other thing. It's 15 been brought to my attention that there's not, a couple of 16 meetings ago at the City Hall, that there's not a defined 17 definition of a bed and breakfast in the pleasant planning 18 guidelines. And we have contacted the Professional 19 Association of Innkeepers end they have a definition that 20 we're going to provide to Doug for his review. 21 MR. ENGELBRECHT~ Okay. You don't have it 22 with you tonight? 23 MR. MOORE= I don't have it with me. No, I do 2% not. 25 MR. ENGELBRECHT~ All right. But that would PLANNING AND ZONING DRAFT MAY 10, 2000 203 i be a part, if this went forward, that would be a part that 2 went forward to the City Council 3 MR. MOORE= Yes. % MR. ENGELBRECHT: That was a question I was 5 going to ask. Thank you. If I could, I do have a couple 6 of questions. I was looking over my notes here, that's 7 why -- the garage -- first off, you do plan to reside at 8 this facility as I understand what you said. This is your 9 home. 10 MR. MOORE= Yes. That is correct. We will 11 sell the house in Ellison Park and the facility has a 12 bedroom, a living room, and a kitchen and a dining room 13 for Just me and my wife. It actually has a fireplace in 14 it. It's fixed Just -- it's got its own separate patio 15 And we will be living on-site That's one of the other 16 things that makes the project viable zs that we cut out 17 our housing expense. 18 MR. ENGELBRECHT: Right And my thought is 19 it's not really you. It's down the road I mean, it's 20 whoever. It's a generic sort of th~ng, really. So there 21 would be someone -- there's livxng fac~lzties for someone 22 ko live on-site is really the questzon. 23 MR. MOORE: Yes. 24 MR. ENGELBRECHT: The garage, it says garage 25 on the plan. That will have three doors, I mean, a double PLANNING AND ZONING DRAFT MAY 10, 2000 204 i door or something. But, anyway, ~t will be so that even 2 if it's used for storage or something, it still has those 3 doors on there and it appears as a garage 4 MR. MOORE= It will be a garage. 5 MR. ENGELBRECHT~ Okay. Can you give me the 6 -- somebody talked about the pool and that sort of thing. 7 What is the dimensions? I mean, I could have measured 8 them off here but do you happen to know right off? 9 MR. MOORE~ On the pool? 10 MR. ENGELBRECHT= Yeah. What size pool are we 11 talking? 12 MR. MOORE~ The pool is a standard residential 13 pool is size. It's 17 X 33 14 MR. ENGELBRECHT: And I'm assumzng that was in 15 order to maintain that reezdent~al character of the -- 16 sort of the look of the thing. 17 MR. MOORE: Yes, and the expense of the pool 18 Obviously, again, it's not a high -- to me, it's not a 19 high demand feature as far as use. But visually, it's 20 very important to the gardens and to look at the back of 21 the building. 22 MR. ENGELBRECHT: Okay. I think that's all I 23 had, too. And I believe Mr. McNe~ll has some questions. 24 MR. MCNEILL~ I Just want to -- given the 25 clientele you're talking about, I don't visualize a lot of PLANNING AND ZONING DRAFT MAY 10, 2000 205 I usage of that swimming pool. 2 MR. MOORE~ That's correct 3 MR. MCNEILL~ Most folks when they come up 4 really would Just rather sit around the pool at night as 5 opposed to getting in the pool and splash and swam. 6 MR. MOORE~ That's exactly what we foresee. 7 And, again, creating the environment around the pool with 8 the plantings and everything and a place to walk and to 9 get away. Again, if you go back to those demographics, I 10 mean, we're talking about people a medium age of 44 years 11 old. It's not like we're -- again, we've had comments 12 about fraternity parties. It's not a facility where you 13 pay -- you know, we've paid as much as $13,000.00 for a 14 bedroom suit, we're not going to have some hoodlums in 15 there Jumping on it. 16 MR. ENGELBRECHT Well, you know, the real 17 issue there with all that, however, as that you could walk 18 out tomorrow and be hit by the truck and thas whole thing 19 turns over. And then we have a facility here that has no 20 furnishings in it even yet. 21 MR. MOORE: That's correct 22 MR. ENGELBRECHT: That has a 40-seat dining 23 capacity and 15 rooms. And I think the issue as how do 24 you ensure that if you're not in the pacture, it stall 25 operates in a similar vein. For me, the one issue =s that PLANNING AND ZONING DRAFT MAY 10, 2000 206 i 40-seating capacity which, by the way, with patio area 2 could be expanded to 60 or 70. Now, there is the parking 3 issue. True. But bus groups or there's the pressure to 4 come in and request additional parking. 5 MR. MOORE~ Right 6 MR. ENGELBRECHT~ And I guess my questLon is 7 how do you limit that dining capacity such that it serves 8 your needs and ensures that in the future, it doesn't 9 become primarily or even close to secondarily a dining 10 facility~ therefore, it works for everybody, for the long 11 run, for you, for the residents if you're gone, et cetera. 12 I guess that's -- I have a little concern about that 40 13 because it could be expanded relatLvely easily. 14 MR. MOORE~ Right. If you -- yes, I don't 15 disagree with you. You could put -- you could have patio 16 seating or you could use the patLo and you could put 17 people out there. To address how we do it, I don't know. 18 I~ve tried to do it with parking to assure people, with 19 site design. So I don't know how to address that As far 20 as how to address what happens to the site, I've done that 21 with staff. You don~t see a laundry list of other uses. 22 I'm not up here with a laundry list 23 MR. ENGELBRECHT' Oh, no, I don't have a 24 problem with that. And the parking, I know, that does it 25 as good as you can do it. PLANNING AND ZONING DRAFT MAY 10, 2000 207 i MR. MOORE~ My crystal ball says that I~m 2 going to operate this and somewhere in the futura I'm 3 going to sell this facility and retire off of it somewhere 4 down the line. But, you're r~ght, I could get hit 5 tomorrow. But it is & single-use facility as it is in 6 this PD. As far as limiting the dining room, if you have 7 another method that can guarantee me that we're not going 8 to have staff out there screaming at me for serving my 9 guests and two of their friends that came over, a meal on 10 Friday night, then we could work something out. But I 11 don't know how we do that and that's the reason why I'm 12 asking for what I em. 13 MR. ENGELBRECHT~ No, I understand. I 14 understand. 15 MR. MOORE~ And there's no way, and I would 16 voluntarily cut the dining room size down if there is a 17 way that -- I don~t know if you remember the facL1Lty but 18 it's a balanced facility. It has a balanced facade 19 MR. ENGELBRECHT~ Exactly. Yep. 20 MR. MOORE~ So the only place to take -- and 21 the dining room is in the middle, so the only way to take 22 space out of the dining room is to pull the facility in 23 from both sides and then I lose one of my rooms upstairs. 24 MR. ENGELBRECHT~ No, I understand. I heard 25 what you said about splitting it up. I mean, it makes PLANNING AND ZONING DRAFT MAY 10, 2000 208 i sense because you don~t want a large-looking facility if 2 you only have five diners. You're trying to make it 3 small. But at the other side of it, if you do have them, 4 you do want to be able to open at up. 5 MR. MOORE: Right. And also, in our defense, 6 we could have labeled that something else, put the 7 petition in there, the movable petition, and came in here 8 and said our dining room seats 28 people. And we dadn't 9 do that. We came an here, the dining room does seat 40 10 people and that's Just the size of it. And how we arrived 11 at 40 people is we took a little scale model of a four- 12 seat table and we plugged it in on the face of the plan. 13 MR. ENGELBRECHT: Again, there are tables that 14 will tell you, given square footage, how many you can 15 seat. 16 MR. MOORE: Right 17 MR. ENGELBRECHT: That's not stated on here. 18 Is that stated as a condition of 40, a seating of 40? 19 MR. MOORE: It is not. 20 MR. ENGELBRECHT: How would you feel about 21 that being a condition? What is your comment of that 22 being a condition? That ensures that if you're gone, it 23 can't be expanded out a patio or somewhere else, and yet 24 it serves your -- 25 MR. MOORE: I have no problem with that. I PLANNING AND ZONING DRAFT MAY 10, 2000 209 i have none whatsoever. Again, we're not gearing it to have 2 a lot of staff to take care of that many people so it's 3 not an issue for us. 4 MR. ENGELBRECHT= Right. That's if the Garden 5 Club comes in or somebody. I understand. For you but 6 you've got to think of the next owner. 7 MR. MOORE~ Right Somebody else comes along 8 and they want to put theme rooms upstairs and each one of 9 them have a bathroom next to their dining area. Who 10 knows. I mean, the building itself limits itself to its 11 uses because, you know, it's a bedroom with a bathroom 12 attached to it, 14 of them. So what do you do with that? 13 MR. ENGELBRECHT: That's called a dormitory. 14 They're all around north Texas. Okay. And you will have 15 the definition to staff by -- 16 MR. MOORE= Yes. 17 MR. ENGELBRECHT: Okay. Very good. Any other 18 questions? Thank you. Thank you I will close the 19 public hearing and ask Mr. Gray if he has any final staff 20 remarks. 21 MR. GRAY: I think that my remarks would be 22 limited to some extra conditions that I've been writing 23 down here while this discussion has been ongoing that 24 staff might recommend. Number one, of course, is the 25 definition of the bed and breakfast. As we noted, there PLANNING AND ZONING DRAFT MAY 10, 2000 210 i is not a definition within the Zoning Ordinance so I think 2 a definition that would define what will happen here 3 should be included in the ordinance 4 I was thinking about suggesting a limit as to 5 the number of people at parties or meetings here but I 6 don~t exactly know how we would enforce that. Are we 7 going to have a police officer st the door with a counter 8 or something. So I don~t know how that would be enforced. 9 Of course, dining room shall seat no more than 40 people 10 or no more than 40 people shall dine here at one time A 11 similar condition with similar problems Then, of course, 12 use controls, we had some concern about the use of the 13 operation. Restaurant operation be limited to bed and 14 breakfast guests and their non~guest associates, I guess, 15 on Thursday, Friday, and Saturday n=ghts only. That's a 16 suggestion that we could word. 17 And then people were concerned about the uses. 18 As they noted, unlike the previous zoning case, we do not 19 have a long laundry list of uses. We Just had on the 20 detailed plan itself it states use as a bed and breakfast. 21 We can always add another ordinance stating that use be 22 limited to bed and breakfast. Maybe add one-family 23 restricted dwelling because, after all, they will live 24 here. Maybe even one-family detached so if the bed and 25 breakfast goes away and somebody wants to buy this, some PLANNING AND ZONING DRAFT MAY 10, 2000 211 I very wealthy person wants to buy this as their house, they 2 could do that. But that's Just a suggestion. 3 Staff recommends approval based on the fact 4 that I think has been pointed out that this as probably a 5 good use for this property, seeing that at's not likely, 6 in staff's opinion, that six sangle-family homes bordering 7 on, facing Lillian Miller would be economically viable 8 here. We also like the fact that at conserves much of the 9 green space and that it acts as a kind of buffer between 10 the busy Lillaan Miller and then the residences behind. 11 It,s kind of -- it operates -- it as a commercial 12 enterprise hut it operates, or we feel it wall operate 13 very similarly to a residence so that there's a graduation 14 between Lillian Miller and the neighborhood. And if there 15 are any other questions, we could -- 16 MR. EN~ELBRECHT= I do belaeve we have some 17 questions. Mr. Moreno. 18 MR. MORENO~ Yes, sir On the issue of 19 definition of bed and breakfast, what I~m hearing you say 20 is we don~t have a definition. 21 MR. GRAY~ In our Code, we do not have a 22 definition of bed and breakfast. We would want to include 23 that in the ordinance that would be attached to this 24 concept plan 25 MR. MORENO= So if we don't have a definition, PLANNING AND ZONING DRAFT MAY 10, 2000 212 i we*re going to try to create one. Is that what I'm 2 hearing you say? 3 MR. GRAY~ Right. The applicant is going to 4 submit a definition. 5 MR. MORENO~ And we will define it in terms of 6 its permitted activities or what am I hearing you say? 7 MR. ENGELBRECHT~ I think Mr. Powell -- 8 MR. POWELL: I thank everyone has a 9 generalized idea of what a bed and breakfast means. I 10 think that a business that's operated. The people live 11 there on-site but they do rent out rooms And I think 12 there was a lot of discussion tonLght, I think that is the 13 essence of a bed and breakfast. On the detailed plan, it 14 calls for the use to be bed and breakfast. I Just want to 15 be sure that we're all clear before this thing is 16 ultimately determined by City Council, the specifics of 17 what that means. But in general, I think it's as I 18 mentioned. 19 MR. GRAY~ I would add that I think -- I would 20 think at least that from a staff standpoint, as well as 21 from a standpoint from the neighborhood residents, that we 22 would -- the more specific that definition is in terms of 23 what a bed and breakfast is, the better. So we will 24 certainly endeavor to -- 25 MR. MORENO~ I agree with you but are we going PLANNING AND ZONING DRAFT MAY 10, 2000 213 I to try to do that this evening or what is -- 2 MR. ENGELBRECHT~ I believe that what was 3 suggested, the petitioner was going to get the definition 4 from the Bed and Breakfast Association He didn't have it 5 with him tonight. And was going to provide that to staff 6 and then staff was going to use that and possible they 7 would modify it and talk with them before they went to 8 Council was the idea. That it would go to Council with a 9 definition. 10 MR. RISHEL: Just a suggestion, there might be 11 some other models out there from Fort Worth or Austin or 12 some other city that we might be able to work from that 13 might be suitable for meeting their needs and still being 14 a quality environment for us. 15 MR. ENGELBRECHT: Well, and we actually have 16 something. We have operating units in town right now 17 operating under some definition. But right now, staff 18 wasn't sure what those were. 19 MR. RISHEL: Student hous=ng. 20 MR. POWELL: And if I may, I think that's kind 21 of putting off somewhat the issue but, as you're aware, 22 the meeting minutes from P&Z are transcribed and given to 23 City Council and they read them So I think the 24 discussion tonight is going to reflect that definition. 25 We'll bring it up at City Council and I think that they'll PLANNING A/gD ZONING DRAFT MAY 10, 2000 214 1 see it reflected in the minutes of tonight's meeting in 2 terms of what was discussed here in terms of the use of a 3 bed and breakfast. 4 MR. ENGELBRECHT: Well, I'm assuming that 5 could be made a condition, too, as well, that that would 6 have to be defined. 7 MR. MORENO: I mean, from personal experience, 8 I have an image of what a bed and breakfast is and this 9 seems to kind of stretch my vision of a bed and breakfast 10 somewhat. So I'd be very interested in lust what kind of 11 definition you come up with and kind of let us know what 12 it is. 13 MR. ENGELBRECHT: Mr. Williams. 14 MR. WILLIAMS: Yes. First thing, on page 15 number 5 on condition number 3, what rationale did you use 16 to come up with the operating hours of the pool and spa, 17 spa pavilion? 18 MR. GRAY: Well, there was some arbitrariness 19 to that. I think I based it on my experience with other 20 hotels and places of lodging that they normally shut their 21 pools down at 9:00 p.m. and then I added a couple of extra 22 hours there on the weekend Just in case there is -- on 23 weekends, generally, there are events that people stay up 24 later. 25 MR. WILLIAMS: Okay. And I guess I'm having PLANNING AND ZONING DRAFT MAY 10, 2000 215 I some problem with bed and breakfasts because urban bed and 2 breakfasts are totally different from rural bed and breakfasts. Because I know one bed and breakfast in Nacodochos, you never see the people. And I feel like 5 they'll get ripped off, you leave your money in the 6 mailbox and that's it. You never see them. So it's a 7 place where you leave your money and go about your 8 business and people are left alone. And I think that 9 we're making a mountain out of a molehill here in regards 10 to this, probably not in the comments section, because 11 usually when people go to bed and breakfasts, they go to 12 be left alone. And if you have 500 people at a wedding 13 party, he will go out of business. MR. ENGELBRECHT~ Mr. McNeil1. 15 MR. MCNEILL~ I think you alluded to it 16 earlier, but I guess my question is how are these bed and 17 breakfasts that exist in Denton, what are they operating 18 under? What's the criteria that allows them to operate? 19 MR. POWELL. Without knowing what zoning 20 districts they're in, I would assume that they're in a 21 zoning district that would allow & place of lodging. We 22 do have a definition in our Code for lodging. I don't 23 have a copy of my Code of Ordinances in front of me 2% MR. MCNEILL~ Well, I mean, it's not crucial 25 Obviously, you have some criteria or those -- there's been PLANNING AND ZONING DRAFT MAY 10, 2000 216 i some go out of business and some that are in business So 2 we obviously have not -- this is not a new thing to 3 approve a bed and breakfast. 4 MR. ENGELBRECHT~ No. I think it is new in 5 the sense of a 15-room bed and breakfast But, generally, 6 we have some guidelines and if they're going to bring some 7 from the bed and breakfast definition, I have no doubt 8 that that can be created and provided for protection. 9 MR. MCNEILL~ So I don't think we need to, as 10 Mr. Moreno said, I don't think we need to wrestle with 11 creating that definition tonight. And that's a separate 12 ordinance anyway to create a definition. That doesn't 13 have to be part of this ordinance. 14 MR. ENGELBRECHT: Well, yes, it would because 15 the condition is -- on there it states that it would be 16 used only for a bed and breakfast 17 MR. MCNEILL~ I understand. 18 MR. ENGELBRECHT~ So we would have to have a 19 definition attached to it 20 MR. MCNEILL: But if ~t's going to be a 21 general definition of bed and breakfast, that should be 22 separate. 23 MR. ENGELBRECHT. It could be or it could be 24 specifically defined for this. 25 MR. MCNEILL: For Just this one Well, we're PLANNING AND ZONING DRAFT MAY 10, 2000 217 1 better off -- let's define what a bed and breakfast is and 2 then we don't have to do this again 3 MR. SNYDER: I think we can do both. I think 4 we're going to have to do both potentially. We have to do 5 it for this case and then come back to you later with a 6 definition for the Code. 7 MR. MCNEILL: But it can go forward to City 8 Council with -- we can vote on this tonight and go forward 9 with this definition that's going to come forward. 10 MR. ENGELBRECHT: Oh, yes. I don't see a 11 pToblem with that. 12 MR. MCNEILL: Good. 13 MR. ENGELBRECHT: Mr Williams. 14 MR. WILLIAMS: I guess I'm beginning to have 15 some problems here with this definition deal because it 16 seems like we're being discriminatory in the fact that 17 we've got bed and breakfasts out here and, all of a 18 sudden, now we have to have a definition. It seems like 19 we're discriminating against this one individual. That's 20 the way I feel. 21 MR. SNYDER: Mr. Gray had mentioned that xt's 22 quite possible that the other bed and breakfasts are in a 23 zoning classification that allows, for example, a motel 24 ~se or a hotel use. So, therefore, it wasn't necessary to 25 ~ome up with a separate definition for them. I mean, PLANNING AND ZONING DRAFT MAY 10, 2000 218 i that's a possibility. 2 MR. WILLIAMS: But we say possibility, do we 3 know where they are? 4 MR. POWELL~ No. 5 MR. ENGELBRECHT: Let me just interject, this 6 is a Planned Development. There is no discrimination in & 7 Planned Development. Every inch, every piece is what you 8 want to make it, literally. Every definition, every 9 everything is -- there doesn't have to be anything 10 standard. 11 MR. WILLIAMS: I understand what you're saying 12 hut I don't think you're hearing what I'm saying. 13 MR. ENGELBRECHT: No, I understand that -- 14 MR. WILLIAMS: A bed and breakfast has to be a 15 bed and breakfast and it has nothing to do with a PD. I'm 16 thinking about doing things that I -- I'm looking very 17 closely at being fair to everyone And if we have bed and 18 breakfasts operating in Denton, then we need to move aside 19 from this PD and get a definition of a bed and breakfast. 20 And I don't think these two things need to be even -~ are 21 related. And that's my own personal feeling. 22 MR. ENGELBRECHT: I understand. Yes, Mr. 23 Powell, do you want to make a comment? 24 MR. POWELL~ I don't want to confuse this 25 issue but there is, in the Zoning Code, an existzng PLANNING AND ZONING DRAFT MAY 10, 2000 219 i definition for a boarding house, rooming house, or 2 dormitory. It means a building other than a hotel where 3 lodging and/or meals for three or more persons are served for compensation. I think that that's a broad enough 5 definition that you could run a bed and breakfast given 6 that definition. I think that what the applicant is 7 proposing, that's more restrictive than that general 8 statement. Unfortunately, I can't tell you how the 9 existing bed and breakfasts -- but I'll bring it back to 10 you at your next meeting. 11 But I do think the bed and breakfasts -- what 12 happens in zoning codes, this thing was written in the 13 60~s where there weren't such things as bed and 1% breakfasts. There were boarding houses. There's always a 15 need to update the Zoning Code to reflect existing land 16 uses and I think bed and breakfasts is one we need to 17 bring forward. 18 MR. ENGELBRECHT= I would add to that that a 19 bed and breakfast tends to be in a residential 20 ~eighborhood and you will never find a definztion that 21 will fit across the city. It wzll never -- it will 22 always, almost always, I believe, require mod~ficatlon in 23 terms of how many people, how much parking, et cetera, et cetera, et cetera. It will be difficult to standardize. 25 A~d given that this is a PD, we don't have to necessarily PLANNING AND ZONING DRAFT MAY 10, 2000 220 I standardize. 2 MR. WILLIAMS~ But my concern is about the 3 definition. In other words, let's put standards on this 4 property and then -- and not deal with the bed and 5 breakfast issue but put standards on the property and the 6 use of the property. That's where I~m coming from. 7 MR. ENGELBRECHT~ Any other questions for 8 staff? We have no condition with regard to the restaurant 9 portion of this. There was something about serving 10 Thursday, Friday, and Saturday. 11 MR. GRAYs I had just quickly written down 12 that we could suggest a condition that restaurant 13 operation be limited to guests of the facility and their 14 non-guest associates on Thursday, Friday, and Saturday, by 15 reservation only. 16 MR. ENGELBRECHT~ Okay. There wasn't anything 17 about the berm or hedge in front of the parking spaces. 18 MR. GRAYs I had not written that one down. 19 MR. POWELL~ If I may. 20 MR. ENGELBRECHT~ Yes, Mr Powell. 21 MR. POWELL= If I may on that one, and not 22 knowing the specifics of the site, I think the applicant 23 makes a good point that maybe we can take care of it with 24 elevations. So I would suggest that the condition be 25 written that we work with the applicant to use changes an PLANNING AND ZONING DRAFT MAY 10, 2000 221 i elevation, plant material to make sure that there's not 2 headlights shining into adjoining properties 3 MR. ENGELBRECHT= That's great. That's fine. 4 Yeah, I didn't want to specify any materials particularly. 5 Yes, Ms. Apple. 6 MS. APPLEs Did I understand you to say that 7 you were going to -- or your suggested condition was to 8 limit the restaurant use to Thursday, Friday, and Saturday 9 to guests and -- I think that's probably not exactly what 10 you wanted to say because that means the people who are 11 there Sunday through Wednesday aren't going to get 12 breakfast. 13 MR. GRAY: Yeah, you're right I would need 14 to wordsmith this. 15 MS. APPLEs And I guess I've had a little bit 16 different experience than some of the people I've heard 17 speak. The bed and breakfasts that I have stayed at have 18 served all three meals. Actually, kind of a communal-type 19 family. They kind of push that actually. So I'm very 20 familiar with bed and breakfasts that serve all three 21 meals and, generally, no one comes to the meals except the 22 guests. 23 MR. GRAY~ I could probably, to make it more 24 specific, rewrite that condition. 25 MR. RISHEL: I would rather not have a PLANNING AND ZONING DRAFT MAY 10, 2000 222 1 condition myself. I would rather give them -- this is 2 such a very unique situation. I'd rather give them a 3 chance to operate and be successful at what they do. 4 Because I see what they see as a vision today, with good 5 planning and whatever else, really being something totally 6 different maybe two years from now than what even they 7 might have thought of because of the clientele that 8 they're capable of developing and whatever else. So I'd 9 rather not put a condition on any more than what we have 10 or need to with the idea that I think that this is going 11 to be a business that's going to be unique to our 12 community. It's going to be a real asset to our 13 community. And it's going to be somethmng that might 14 evolve even beyond what they envision at this point in 15 time. And if we restrict it too much, we're going to 16 stymie the growth of that. 17 MR. ENGELBRECHT: Well stated Yes, legal has 18 a comment. 19 MR. SNYDER: There was some testimony by the 20 applicant about -- that he intends on serving alcohol to 21 his guests. In looking at our Code, under Sectxon 35-77, 22 it permits on-premise sale of beer and/or wine in Planned 23 Developments. And it also permits licensed private clubs 24 in Planned Developments. So ~f that's the intent that he 25 be permitted to do either of those two things, I think we PLANNING AND ZONING DRAFT MAY 10, 2000 223 i probably ought to specify in the Planned Development that 2 those are permitted uses. 3 MR. RISHEL~ There's probably also a situation where if he decided to give it away, it wouldn't be to 5 license at all. So if they had a party and the liquor was 6 free, there wouldn't be a need for a license. So there's 7 different configurations they could do here 8 MR. SNYDER~ Well, yeah. The point Ks if a 9 part of his operation, he intends to sell alcohol to his 10 guest by the drink, then -- 11 MR. RISHEL= It needs a lmcense. 12 MR. SNYDER= -- I think we should be clear 13 that that's permitted under the Planned Development. 14 Otherwise, later on somebody might question whether it's 15 allowed or not. 16 MR. WILLIAMSI Well, I just like the condition 17 no private club and just leave it at that 18 MR. RISHEL~ It may have to be a private club 19 in order to operate. 20 MS. APPLE~ It would have to be 21 MR. MCNEILL= Yeah, you would 22 MR. RISHEL= In the State of Texas 23 MR. WILLIAMS~ Oh, that's right. But I'm 24 thinking of Joe Blow coming off the street and buying a 25 membership rather than the guests signing as a member of PLANNING AND ZONING DRAFT MAY 10, 2000 224 i the private club. Okay. 2 MR. ENGELBRECHT~ Right. I think itfs 3 understood what we want. How we word it may still need to % be determined. And maybe Mr. Snyder has a suggestion on 5 how to word that condition. 6 MR. SNYDER~ Well, one of the things -- I 7 don't know, I~d have to research it, but you might be able 8 to say that if it's a private club, the member of the 9 private club has to be & guest at the bed and breakfast. 10 MR. ENGELBRECHT: And that might be another 11 one we may ask simply have a condit=on -- we have a 12 condition that's to be constructed by the time =t meets at 13 City Council to ensure that we have proper wording. Mr. 14 McNeill. 15 MR. MCNEILL: Are we ready for a motion? 16 MR. RISHEL: Please. 17 MR. ENGELBRECHT~ I th=nk so. 18 MR. RISHEL~ I was going to call the question 19 Thank you. 20 MR. MCNEILL: I move to recommend approval of 21 Z-99-092 with the following conditions, lighting on the 22 property shall be designed and maintained so as not to 23 shine on or otherwise disturb surround=ng resident=al 24 property or to shine and project upward to prevent the 25 diffusion into the night sky. Exclusive of doors and PLANNING AND ZONING DRAFT MAY 10, 2000 225 i windows, the exterior elevations of the main building 2 shall consist entirely of brick or stone masonry or 3 stucco, the exterior elevations of the main building % shall substantially resemble those shown in Enclosure 2 as 5 part of this paperwork. Use of outdoor facilities such as 6 a swim~ning pool or spa pavilion shall be limited to the 7 hours between 8500 a.m. and 10.00 p.m. on Sundays through 8 Thursdays and between 8500 a.m. and 11~00 p.m. on Fridays 9 and Saturdays. Four, the restaurant capacity shall be 10 limited to 40 people. And, five, the serving of alcohol 11 shall be as part of a private club which will be part of 12 this facility. 13 MR. RISHEL~ Second 14 MR. ENGELBRECHT~ It's been moved and seconded 15 to recommend approval with conditions. Discussion? I 16 have two questions. You did not have one on there about a 17 definition of bed and breakfast. Did you want to make a 18 condition on that? And the berm, the other one that was 19 -- the shrubs. 20 MR. MCNEILL~ Yeah, okay. 21 MR. ENGELBRECHT~ The elevation. Right. 22 Exactly. 23 MR. MCNEILL~ The what? 24 MR. ENGELBRECHT~ The one with the headlights 25 shining in. PLANNING AND ZONING DRAFT MAY 10, 2000 226 i MR. MCNEILL= Right. The applicant is 2 instructed to work with staff to take advantage of 3 elevation and shrubbery to ensure that the lights when occupants are parking in the parking lot do not shine into 5 the adjoining facilities And item seven, the definition 6 of & bed and breakfast shall be incorporated as part of 7 this ordinance. 8 MR. RISHEL= Second 9 MR. EN~ELBRECHT= All r=ght We have a motion 10 and a second. I see Mr. Snyder looking here. Did we -- 11 MR. SNYDER= No, I think you got them all 12 MR. EN~ELBRECHT~ We got them all? 13 MR. SNYDER~ There were & couple of others but 14 they had to do with the dining and you sa=d you didn't 15 want to go there. 16 MR. EN~ELBRECHT~ Okay All right. So you 17 were Just checking to see if we were covering ~t all 18 MR SNYDER= Yeah, right 19 MR. EN~ELBRECHT~ Okay. Any discussion on the 20 motion? In that case, vote, please. Motion carries 6-0. 21 I want to thank everyone who came down to speak for and 22 ag&inet this, for your participation. Thank you very 23 much. Let's take ten minutes, ladies and gentlemen. 2% (BREAK TAKEN) 25 PLANNING AND ZONING DRAFT MAY 10, 2000 227 ATTACHMENT 3 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO 93- 232 TO PROVIDE FOR A DETAILED PLAN FOR 4 315 ACRES LOCATED WITHIN THE PLANNED DEVELOPMENT 87 (PD-87) ZONING DISTRICT, THE SUBSECT PROPERTY BEING LOCATED AT THE SOUTHWEST CORNER OF SOUTHRIDGE AND LILLIAN MILLER, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-092) WHEREAS, on December 21, 1993, by Ordinance 93-232, the C~ty Connefl approved a Detmled Plan for 9 296 acres of land m the Planned Development 87 (PD-87) Zomng D~stnet, and WHEREAS, on November 10, 1999, Raok Moore submitted an amended Detmled Plan for 4 315 acres located w~thm PD-87 wath the intent to develop a bed-and-breakfast establashmant, and WHEREAS, on May 10, 2000, the Planmng and Zomng Commission recommended approval ora the amended Detmled Plan for such 4 315 acres, and WHEREAS, the C~ty Council finds that the Detailed Plan ~s consmtent w~th the Denton Comprehenmve Plan and prowdes for a statable use of the property, NOW, THEREFORE, THE COLrNCIL OF THE CITY OF DENTON HEREBY ORDAINS S]~CTION I Ordinance No 93-232 providing for the approval of a Planned Development Zomng D~stnet Classfficat~on and Use Designation for the property described as PD-87 as amended by approwng the Detmled Plan attached hereto and incorporated hereto by reference as Exbab~t B for 4 315 acres located w~thm PD-87, more partmularly described by the legal description attached hereto and ~ncorporated here~n by reference as Exhibit A, subject to the following condmons 1 Use of the property shall be hmtted to use as a Bed and Breakfast Inn A Bed and Breakfast Inn shall be defined as a facthty of not more than fourteen rooms where~n overmght accommodations and meals are prowded to tourists and vacationers for compensation The operator of the mn shall hve on the premmes The famhty may also host small events such as weddings or business meetings The facility shall be of a res~dentml style and d6cor 2 L~ghtmg on the property shall be designed and mmntmned so as not to shme on or otherwise dmturb surrounding residential property or to sh~ne and project upward to prevent the dfffusmn ~nto the mght sky 3 Exclusive of doors and wmdows, the exterior elevations of the main building shall consist entirely of brick or stone masonry or stucco The exterior elevations of the mmn btuldlng shall substantially resemble those shown in Exhibit C 4 Use of outdoor faclhtles, such as the swimming pool or spa pawhon, shall be limited to the hours between 8 a m and 10 p m on Sundays tttrough Thursdays and between 8 a m and 11 p m on Fridays and Saturdays 5 The capacity of the dlmng room shall be limited to 40 persons 6 The sale of alcohol shall be permitted for on-premmes consumption only Alcohol service shall be by prorate club membership with service hmlted to overnight patrons of the bed and breakfast and their guests 7 The applicant shall work with staff to use ground elevation and shrubbery screemng to keep hght from car headhghts from shlmng into surrounding remdentlal properties Final approval of such shall be by building mspectlon department at time of issuance of bmldlng permit SECTION 2 The provlmons of fins ordinance as they apply to the 4 315 acres shown an the detmled plan herein approved, shall govem and control over any conflicting provisions of Ordinance No 93-232, but all the provlmons of Ordinance No 93-232, as they apply to that remmmng portion of the district not herein amended, shall continue an force and effect and shall apply to the remmnder of smd district ~ A copy of thas ordinance shall be attached to Ordinance No 93-232 showing ~he amendment herein approved SECTION 4 Any person vlolatmg any provision of thru ordinance shall, upon conviction, be fined a sum not exceeding $2,000 00 Each day that a provision of this ordinance as violated shall constltute a separate and chstlnct offense SECTION 5 This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary as hereby directed to cause the caption of fins ordinance to be published twxce in the Denton Record Chrom¢le, official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED th~s the day of ,2000 EULINE BROCK, MAYOR PAGE 2 ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE 3 EXHIBIT A FIELD NO1E OE$CR~P310N TRACT II BEING a 4 315 acre tract of land situated in the John McGowon Survey, Abstract Number 797, In the City of Denton, Denton County, Texas and being c portion of o 4 4-610 acre tr¢~ct of lend described as Tract 2 according to the deed recorded in Volume 3417, Page 0001 of the Deed Records of Osnton County, Texas (DRDCT) and berng more particularly described as follows BEGINNING ct o 1/2 Inch ~'on rod found for the northeast comer of said Tract 2 and being located at the point of Intersection of the northwesterly right-of-way line of Lilllon blliler Parkway (a 80 feet wide rlght.-of.-~oy) with the southwesterly right-of-way hne of Southndge Drive (a 60 feet wide rk.~ht-~f-woy) THENCE along the northwesterly right.-of-'#ay line of said Ll~lian Mlll~' Parkway SOUTH 28~.9'05' WEST a distance of 893,19 feet to a 1/2 Inch iron rod fmJnd for the southeast comer of said Tract 2 THENCE deporting the northwesterly right-of-way llne of sold Ulllan Miltor Parkway and following the southerly line of said Tract 2 SOUTH 88 41'.35' WI[ST c distance of 73 96 feet to a I/2 inch Iron rod found for the moat easterly comer of o 0146 acre treat of land according to the deed recorded In Denton County Clerk's File No 95-1.3741 (DRDCT), THENCE deporting the southerly line of said Tract 2 NORTH 54 40'52' WEST o distance of 131 07 feet to a 5/8 Inch Iron rod set for the most southerly corner of Lot 29, Block 56 of Southridge East Phase 1 an addition to the City of Oenton according to the plat recorded in Cabinet D Page 515 (PRDCT) and being located In the westerly line of said Tract 2 THENCE along the northwesterly line of said Tract 2 and the southeasterly line of so~d Southrldgs East Phase 1 as follows NORTH 35'15'30" EAST a distance of 122 24 feet to c 1/2 Inch iron md found for cornet, NORTH 09'21'09" WEST o distance of 249 71 feet to a 1/2 inch iron rod found NORTH 550T48" EAST a distance of 156 41 feet to o 1/2 inch iron rod found NORTH 5751'45" EAST o distance of 169 58 feet to o 1/2 inch Iron rod found NORTH 51 42'37" EAST o distance of 20030 feet to a 1/2 inch Iron rod found NORTH 57'28'2§' EAST a distance of 126 46 feet to o 1/2 inch iron rod found for the moat northerly northwest comer of eeid Tract 2 and being located In the southwesterly right-of-way line of said Southrldge Drive In a curve to the left having a radius of .330 O0 feet, a chord bearing of South §9'55'f9" East and a chord length of 1452 feet, THENCE along the southwesterly rlght-.of-~ay line of said $outhridge Drive as follows Continuing along sold curve to the left through c central angle of 02'3116' for on ora length of 1452 feet to o 1/2 Inch Iron rod found for the point of tongency; SOUTH 61'10'57" EAST a dlstance of 71 6B feet to the PQINT OF BEGINNING, CONTAINING within these metes ~nd bounds 4 315 acres or 157,947 square feet of lend, more or less, alt according to that survey prepared by Kurtz - Bedford and Associates, Inc, dated May 1998 and signed by Austin J Bedford Reglst~ed EXHIBIT B WILDWOOD INN ,, EXHIBIT C LILLIAN MILLER PARKWAY DENTON TEXAS AGENDA INFORMATION SHEET Agenda ltem. ~ ,~ 7 , AGENDA DATE' June 6, 2000 Planning Department DEPARTMENT: CM/DCM/ACM: Dave H~ll, 349-8314 SUBJECT - Z-00-005 (The Common) Hold a pubhc heanng and consxder approving a Detmled Plan to rezone from a One-family dwelhng (SF-7) zomng district to a Planned Development (PD) zoning dmtnct The 3 816 acre property xs located at 2225 East McKmney Street A res~dentml/office m~xed-use development is proposed The Planmng and Zomng Comm~ssmn recommends approval (6-1) w~th condxtmns BACKGROUND The apphcant has requested approval of a detailed plan to rezone approxxmately 3 8 acre from SF-7 zoning d~stnct to Planned Development (PD) zoning dxstnct The proposal encompasses four ex~stmg structures, three of the structures will be devoted to office uses and the structure at the northwest comer of the lot w~ll remmn as a single-family dwelhng unit A parking lot and a s~dewalk along East McKtnney Street are the proposed ~mprovements Design criteria ~s ~dent~fiedlm the Ordinance attached as concht~ons for approval (see Attachment 3) The Planmng and Zoning Commission ehm~nated 10 permitted uses for the subject s~te as a condition for recommendatmn (see Attachment 4 ) ~ The subject property ~s located ~n a SF-7 zoning dmtnct created ~n 1969 ~ The Slte ~s located m an Ex~stmg Neighborhood/Infill Compat~b~hty area, staff finds the proposed development consistent w~th the Comprehensive Plan ~ Twenty-slx (26) property owners were notffied of the zomng request Twelve (12) responses have been received, five (5) are ~n favor, and seven (7) are ~n oppos~tmn of the request, representing 10 73% of the land area w~th~n 200 feet of the subject property (see Attachment 1) PRIOR ACTION/REVIEW The followmg ~s a chronology of Z-00-005, commonly known as The Common Reheffrom Ordinance 2000-069 - February 21, 2000 Apphcat~on Date - March 17, 2000 DRC Date(s) - March 30, 2000 April 20, 2000 P&Z Date - May 10, 2000 ESTIMATED PROJECT SCHEDULE The subject property ~s not platted and would need to be platted prior to any development ~.. FISCAL INFORMATION Development of th~s property will increase the assessed value of the mty, county, and school d~stnct As a form of refill development, no extension of pubhc infrastructure ~s necessary to servme this site P&Z SUGGESTED RECOMMENDATION The Planning and Zoning Commlss~on recommends approval (6-1) of th~s zoning request w~th the following conditions 1 A six-foot fencing reinforced by steel posts shall be prowded along the northwest comer of the property separating the subject development from the adjacent single-family dwelling umts in the Summerwmd Addition Phase 1 2 The permitted land uses shall be restricted to those described m the list attached to the Ordinance and incorporated hereto by reference as Exlub~t B, some of whmh reqmre a specffic use permit as shown on Exhibit B 3 L~ghtmg shall be design and mmntmned so as not to shine on or otherwise disturb the surrounchng residential property or to shine and project upward to prevent diffusion into the night sky 4 Slgnage shall be similar to the example attached to the Ordinance and incorporated hereto by reference as Exhibit C and may be located w~thln the public utlhty and s~dewalk easement along the frontage of East MeKmney Street, subject to the apphcant's discretion OPTIONS 1 Approve as submitted 2 Approve w~th conditions 3 Deny 4 Postpone consideration 5 Table item ATTACHMENTS 1 Planning and Zomng Commission Report, May 10, 2000, Z-00-005 2 Planning and Zomng Commission minutes from May 10, 2000 3 Dram Orchnanee 4 L~st of Eliminated Uses Respectfully submitted Douglas Powell, D~rector of Planmng and Development Prepared by D~eborah Vlera Planner I 2 ATTACHMENT 1 Agenda No ~ Agenda item ~ PLANNING AND ZONING COMMISSION == ,c.,o-oo STAFF REPORT Submct. The Common Case Number Z-00-005 Staff Deborah V~era Aaenda Date' May 10, 2000 PURPOSE J Hold a pubhc heanng and consider making a recommendabon to the C~ty Council concermng the approval of a Detailed Plan to rezone 3 816 acre from an SF-7 zomng d~stnct to a Planned development (PD) zoning d~stnct A res~denbal/office m~xed use development ~s proposed LOCATION MAP Location 2225 East McK~nney Street Size 3 816 acres Z O0 3. GENERA~I! Applicant / Owner: John & Ann Kelsey 206 R~dgecrest C~rcle Denton, TX 76205 SUMMARY* The developer is requesbng approval of a detailed plan to rezone from an SF-7 zomng d~stnct to Planned Development (PD) zomng d~stnct The detailed plan encompasses four (4) existing structures on a 3 816-acre tract Three of the ex~st~ng structures w~ll be converted from s~ngle-famlly residential uses to office use and the structure at the northwest corner of the lot w~ll remain as a single-family dwelling umt S~gnage design cntena ~s identified ~n the Draft Ordinance (see Exhibit C) attached as a condlbon of approval ~n the Ordinance (see Enclosure 7) 1999-2020 Denton Comprehensive Plan Analysis The 1999-2020 Denton Comprehensive Plan shows this area to be within an Exlshng Resident~al/ Inflll Compatibility Area (see Enclosure 2) W~th~n established residential areas, new development should respond to existing development w~th compatible uses, patterns, and design standards Housing that ~s compabble with the ex~st~ng density, neighborhood service, and commercial land uses ~s allowed Staff finds the proposed zoning to be consistent with the pohmes of the 1999-2020 Denton Comprehensive Plan 1 Transportation A Tnp generabon The proposed development w~ll generate approximately 85 trips per day ~f 3 of the ex~stmg structures are devoted for office purposes Th~s represents an ~ncrease of approximately 56 trips per day over the current configuration B Access The proposed development will have access onto McK~nney Street C Road Capacity McK~nney Street ~s ~dent~fied as a pnmary major artenal road by the 1998 Denton Moblhty Plan Th~s road is designed to be a s~x (6) lane d~wded street w~thout parking, providing six (6) lanes of Z b,O 00~ through traffic As such, ~ts designed traffic capacity allows for a tolerable traffic flow of up to 27,900 trips per day McKmney Street is currently constructed w~th two (2) lanes w~thout parking The most recent traffic count for McK~nney Street indicates that there ~s adequate capacity to handle the calculated tnps that could be generated by the proposed development D Pedestnan L~nkages S~dewalks along all pubhc streets are reequ~red 2 Utilities The s~te has access to water and sanitary sewer hnes 3 Drainage and Topography New development w~ll be required to design and construct a drainage system to c~ty standards A prehmmary drainage study w~ll be reqmred w~th the submission of a prehm~nary plat The study must ~nclude calculations of the 100-year storm for all drainage areas on th~s property and any area that drains towards th~s property The developer must md~cate the method by which the run- off w~ll be carried across the property or stored on the property Off-Street Parking New development must prowde parking according to the regulations of Chapter 35 (35-301) of the Code of Ordinances Landscaping Th~s property exceeds the Landscape Code, which reeqmres fifteen (15) trees per acre and twenty (20) percent of all surfaces to remain pervious (plantable area) 6 Environmental Quality Impacts No negatwe enwronmental ~mpacts have been ident~fied January 14, 1969 - The subject property was placed ~n the Agnculture (A) zomng d~stnct and land use classification by Ordinance 69-01 March 23, '1971 -The subject property was placed ~n the $F-7 zomng d~stnct and land use classification (see Enclosure 3) March 21, 2000 - Rehef from the Res~dential Intenm Regulabons (Ordinance 2000-069) The subject property ~s not platted and would need to be platted pnor to any development Z O0 00~ 5 PUBLIC Not~ce of the zomng request was published ~n the Denton Record-Chromcle on Apn130, 2000 Twenty- s~x (26) property owners w~th~n two hundred feet were ma~led legal notices and sixty-rune (69) residents w~thln five hundred feet were sent courtesy notices ~nformlng them of the request (see Enclosure 4) Twelve responses have been received, five (5) are in favor, and seven (7) in opposition to the request (see Enclosure 5) The seven responses in opposition to the request constitute 10 73% of the land area within 200 feet of the subject property A neighborhood meeting was held on May 8, 2000 (see Enclosure 6) The proposed Detailed Plan meets all the m~mmum techmcal requirements for a detailed plan as ~dent~fled ~n Section 35-176 of the Code of Ordinances, Staff recommends approval of Z-00-005 w~th the following cond~bons 1 The permitted land uses be restncted to those descnbed ~n the list attached to the Ordinance and ~ncorporated here~n by reference as Exhibit B and allow land uses permitted w~th a Specific Use Permit in a Planned Development zomng d~stnct 2 S~gnage shall be s~m~lar to the example attached to the Ordinance and referenced as Exhibit C 3 L~ghtlng shall be design and maintained so and not to sh~ne on or otherwise d~sturb surrounding residential property or to sh~ne and project upward to prevent diffusion ~nto the mght sky move to recommend approval of Z-00-005 w~th the following conditions 1 The permitted land uses be restricted to those describe ~n the hst attached to the Draft Ord~naRce 2 S~gnage shall be similar to the example attached to the Draft Ordinance and reference as Exhibit C 3 L~ghbng shall be design and maintained so and not to sh~ne on or otherwise d~sturb surrounding res~denbal property orto sh~ne and project upward to prevent d~ffus~on ~nto the mght sky I Recommend approval as submitted 2 Recommend approval w~th conditions 3 Recommend demal 4 Postpone consideration Z O0 005 5 Table ~tem 1 Detailed Plan 2 Futura Land Use Map 3 Zomng Map 4 200'-500' Notification Map 5 Property Owners Responses 6 Neighborhood Meeting Summary 7 Draft Ordinance Z O0 005 ENCLOSURE 2 NORTH Z-00-005 (The Common) FUTURE LAND USE MAP Agenda Date. May t0, 2000 9 Scale None ENCLOSURE 3 NORTH Z-O0-O0$ (The Common) ZONING MAP Agenda Date' May 10, 2000 Scale' None 10. ENCLOSURE 4 ~ NORTH Z-O0-O05 (The Common) 200'-500' NOTICE MAP 200' Legal Notices sent via Certified Mall __26 500' Courtesy Notices sent wa 1" Class Ma~l 69 Agenda Date May 10, 2000 Scale' None 11. ENCLOSURE 5 To Whom It May Concern I (We) w~sh to express that I (we) have no opposition to Z-O0-O0$ (rezonmg of thc Mack Tract) NAME ' "~"~ ~ NAME ADDRESS ADDRESS PHONE PHONE 12 To Whom It May Concern I (We) prewously sent my (our) opposmon to Z-O0-500 (Mack Tract) I am now satisfied that the requested zoning is acceptable Please w~thdraw my other letter 13. --..a NOTICE OF PUBLIC HEARING Z-00-005 The Planning ar~ Zoning Commission Of t}te C~ of Denton will I'~td a public hearing on Wednesday May 10. 2000, to cora;der reoommend)ng approval lo City Councd c~nceming a Detailed Plan change 3 81,6 acre f~rn $F-7 zoning dlstHct to a Planned Development (PD) zoning dmtrk~ The property Is legatly desc;lbed as Oelng 3 816 acre out of the T M Down~3 Survey, Abstract Number 346 In the C~ of Oenton, Denton County, Texas It is located et 2225 East McK3nney Street. A restdenUaV Ofltce mixed-use development is proposed The publ~c haarlng will start at 6.00 p.m. in the City Counc;I Chambers of City Hag Ioca;~d at 215 E McKlnney Street, Denton, Texas Because you own property w/thin two hundred (200) feet of the ~uq/ecf property, the Planning and Zonlltg Commission would like to hear how you fee/about zoning change request end/nv/tea you to attend the pub~lc hearing Please, in order for your opinion to be taken into eco=unt, return this form with your comments prior lo the date of the pub~ hearing. (Thts In no way proh/bil$ you from atteno~ng end pafffcipat/ng in the public heanng ) :You may fax it to the number located at the bottom, mall it to the address below, or drop it off' Jn-pomon. Planning and Development Department 22t N. Elm Denton, Texas 70201 Attn: Deborah Vlem, Plannerl The zoning procese includes two public haa~ngs designed to provide opportunities for citizen involvement and comment P~<h- to the public hearings, landowners wflhln two hundred (200) feet of the subject property are nntifled of the zoning request by way of this nntJce The nmi public hearfng is held before the Planning end Zoning Comm=$icn The Commmsion is Informed of I~e pement of responses in mJpport and in oppeaibon Se<.;ond. Ih~ zoning petttion Is forwarded to the City Councd for final acbon providing the Commies;on reconlmends approval Should the Commission recommend denial, the pe~lJ0ftef' may then appeal the requeet I~ the City Coundl If owr~ere of more tharl twenty (20) percent of the land area within two hundred (200) feet of the s~te submit wrtffen Oppl~jtioR, I]~n out of seven votes of the C~y Counal are required to approve the zoning ,:~ange These form= am (,... In fa m Neutral to rsquesi Opposed to request P~lad Name; ~'~//,/,L-a- ./,-: ~ · Physical Address of Property within 200 feet -,?I~': ?~ //~ /~ EJvTON, ' CITY OFD TEXAS crrYNALL WEST · OENTON. TEXAS 7e20J · ~40~4~ ~350 · (F}e40~4S.T?07 14 NOTICE OF PUBLIC HEARING Z-00-005 The Planning and Zoning Commlsslon of the City of Denton w~ll hold a public hearing on Wednesday. May 10, 2000, to consider recommending approval to Ctty Council concerning a Detailed Plan to change 3 816 acre from SF-7 zoning district to a Planned Development (PD) zoning dmtrict The property is legally described as being 3 816 acre out of the T M Downing Survey, Abstract Number 346. In the Ctty of Denton. Denton County, Texas It is located at 2225 East McKinney Street A residential/office mixed-use development Is proposed The public heanng will start at 6 00 p m In the City Council Chambers of C~ty 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 I~ke to hear how you feel about th~s zoning change request and Inwtes you to attend the public heanng 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 (Th~s in no way prohibits you from attending and parbmpabng m the pub#c hearing ) You may fax it to the number located at the bottom, mail it to the address below, or drop it off in-person Planning and Development Department 221 N Elm ST Denton, Texas 78201 Attn: Deborah Vlera, Planner I The zoning process Includes two public heanngs designed to provide opportunities for c~bzen Involvement and comment Prior to the public heanngs, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of th~s nobce The first public heanng ~s held before the Planning and Zoning Commission The Commission Is Informed of the percent of responses in support and In opposition. Second, the zoning pebt~on is forwarded to the City Council for final action provldlng the Commission recommends approval Should the Commission recommend denial, the petitioner may then appeal the request to the C~ty Council If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit written opposition, then s~x out of seven votes of the City Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition - Please circle one.  Neutral to request Opposed to request C o m~m~.----------'~ Signature ~..~ Pnnted Name, C'~'~, /~dZ:~ ~ ~t~/~/~ Ma[hng Address '7'.~ c7 /~ ~' ~? ~(::~:/~--~ 7'- City, State ZIp ,/,.~ ~'-~J'?'"~ ,'"~,,, 7'",~ Telephone Number ~'~) ~.;SP ?' Physical Address of Property w~thln 200 feet CITY OF DENTON, TEXAS C~TY HALL WEST, DENTON, TEXAS 76201 - 940 349 8350 · (F) 940 349 7707 Fllename 15o NOTICE OF PUBLIC HEARING Z-00-005 The Planning and Zoning Comm~ssion of the CIty of Denton will hold a public hearing on Wednesday. May 10, 2000, to consider recommending approval to City Council concerning a Detailed Plan to change 3 816 acre from SF-7 zoning d~strict to a Planned Development (PD) zoning district The property Is legally described as being 3 816 acre out of the T M Downing Survey, Abstract Number 346, In the City of Denton, Denton County, Texas It is located at 2225 East McKfnney Street A resldenbal/office mixed-use development Is proposed The pubhc hearing will start at 6 00 p m In the City Council Chambers of C~ty Hall located at 215 E McKmney Street, Denton, Texas Because you own property w~th/n two hundred (200) feet of the subject property, the Planning and Zoning Commission would I/ke to hear how you feel about th~s zoning change request and inwtes you to attend the pub#c hearing Please, in order for your opinion to be taken into account, return th~s form with your comments prior to the date of the pubhc hearing (Th~$ in no way proh~b~s you from attending and part~cipabng in the public heanng ) You may fax it to the number located at the bottom, mall It to the address below, or drop it off in-person Planning and Development Department 22t N Elm ST Denton, Texas 76201 Attn: Deborah Vlera, Planner I The zoning process Includes two public hearIngs designed to provide opportunities for c~bzen involvement and comment Pnor to the public hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this nobce The first public hearing ~s held before the Planning and Zoning Commission The Commission Is informed of the percent of responses in support and in opposition Second, the zoning petition is forwarded to the City Council for final action providing the Commission recommends approval Should the Commission recommend denial, the petitioner may then appeal the request to the City Council If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submlt written opposition, then slx out of seven votes of the City Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition  Please circle one. Neutral to request SignatureTM - . Pnnted Name ~ Malhng Address Physical Address of Property within 200 feet CITY OP DENTON, TEXAS C~TY HALL WEST · DENTON, TEXAS 76201 · 940 349 8350 · (F) 940 349 7707 Filename 16. Please circle one In favor of request Neutral to request ~__Opp°sed t° reques-~t ~ Comments' ,/-*~V"- .'zo~ Printed Name ~. Malhng Address ~/o Ci~, State Zip: , g~+~ Telephone Number' Physl~l Address of Pmpe~ within 200 feet CITY OF DENTON, TEXAS CiTY HALL WEST · DENTON, TEXAS 76201 · 940 349 8350 · (F) 940 349 7707 Fllenarne 17 NOTICE OF PUBLIC HEARING Z-00-005 The Planning and Zoning Commission of the C~ty of Denton w~ll hold a pubhc heanng on Wednesday, May 10, 2000, to conslder recommendlng approval to C~ty Council concerning a Detailed Plan to change 3 816, acre from SF-7 zoning district to a Planned Development (PD) zomng district The property is legally described as belng 3 816 acre out of the T M Downing Survey, Abstract Number 346, in the City of Denton, Denton County, Texas It is located at 2225 East McKtnney Street A residential/office mixed-use development Is proposed The public hearing will start at 6 00 p m In the C~ty Councd Chambers of C~ty Hall located at 215 E McKlnney Street, Denton, Texas Because you own property w/thin two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about th~s zoning change request and Inwtes 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 heanng ) You may fax It to the number located at the bottom, mail it to the address below, or drop it off ~n-person Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn Deborah Vlera, Planner I The zoning process includes two public heanngs designed to provide opportunlbes for c~bzen involvement and comment Prior to the public heanngs, landowners w~thin two hundred (200) feet of the subject property are notified of the zoning request by way of th~s nobce The first public heanng ~s held before the Planning and Zoning Commission The Commission is informed of the percent of responses in support and In opposition Second, the zoning pebbon is forwarded to the City Councd for final action providing the Commission recommends approval Should the Commission recommend denial, the petitioner may then appeal the request to the C~ty Council If owners of more than twenty (20) percent of the land area w~thln two hundred (200) feet of the s~te submit written opposition, then s~x out of seven votes of the City Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition Please circle one. favor of request Neutral to request ~ to reques~ In Malhng Address ~-~2.~[~ City, State Zip, .~lq~ll~ Telephone Number Physical Address of Property within 200 feet CITY OF DENTON, TEXAS C~TY HALL WEST · DENTON, TEXAS 76201 · 940 349 8350 · (F) 940 349 7707 Filename NOTICE OF PUBLIC HEARING Z-00-005 The Planning and Zoning Commission of the C~ty of Denton will hold a publ~c hearing on Wednesday, May 10, 2000, to consider recommending approval to City Council concermng a Detailed Plan to change 3 816 acre from SF-7 zoning district to a Planned Development (PD) zoning dlstnct The property Is legally described as being 3 816 acre out of the T M Downing Survey, Abstract Number 346, in the City of Denton, Denton County, Texas It is located at 2225 East McKInney Street A residential/office mixed-use development Is proposed The public hearing will start at 6 00 p m in the City Council Chambers of C~ty Hall located at 215 E McKinney Street, Denton, Texas Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this zoning change request and Invites you to attend the public heanng Please, in order for your oplmon to be taken into account, return this form with your comments pnor to the date of the public hearing (Th~s in no way prohibits you from attending and participabng m the public heanng ) You may fax it to the number located at the bottom, mall it to the address below, or drop It off In-person Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn. Deborah Viera, Planner I The zoning process includes two public hearings designed to provide opportunities for c~t~zen Involvement and comment Prior to the public hearings, landowners w~th~n two hundred (200) feet of the subject property are not~fied of the zonlng request by way of this notice The first public hearing ~s held before the Planning and Zoning Commission The Commiss~on is informed of the percent of responses in support and In opposition Second, the zoning pebbon ~s forwarded to the City Council for final action provldlng the Commission recommends approval Should the Commission recommend denial, the petitioner may then appeal the request to the C~ty Council If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit written opposition, then mx out of seven votes of the City Council are required to approve the zomng change These forms are used to calculate the percentage of landowner opposition Please circle one. ,..-- . _ In favor of request Neutral to request ~"" Opposed to request '"') Comments' Mailing Address City, State Zip Number . Telephone Physical Address of Property within 200 feet ~- / oO CITY OF DENTON, TEXAS c~Y HALL WEST · DENTON, TEXAS 76201 · 940 349 8350 · (F) 940 349 7707 F#et~ar~e 19. NOTICE OF PUBLIC HEARING Z-00-005 The Planning and Zoning Commission of the City of Denton w~ll hold a public hearing on Wednesday, May 10, 2000, to consider recommending approval to C~ty Council concerning a Detailed Plan to change 3 816 acre from SF-7 zoning d~strtct to a Planned Development (PD) zoning district The property is legally described as being 3 816 acre out of the T M Downing Survey, Abstract Number 346, in the City of Denton, Denton County, Texas It is located at 2225 East McK~nney Street A residenbal/office mixed-use development Is proposed The pubhc hearing will start at 6 00 p m In the C~ty Council Chambers of Ctty Hall located at 215 E McKmney Street, Denton, Texas Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would I~ke to hear how you feel about thls zoning change request and Inwtes you to attend the public heanng Please, in order for your oplnlon to be taken Into account, return this form with your comments prior to the date of the public hearing (Th~s In no way prohibits you from attending and participating m the public heanng ) You may fax it to the number located at the bottom, mail It to the address below, or drop it off in-person Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn. Deborah Viera, Planner I The zoning process includes two public hearings designed to provide opportunities for c~t~zen involvement and comment Pnor to the pubi~c heanngs, landowners w~th[n two hundred (200) feet of the subject property are notified of the zoning request by way of this notice The first public hearing ~s held before the Planning and Zoning Commission The Commission is informed of the percent of responses in support and in opposition Second, the zoning pebtlon is forwarded to the City Council for final acbon providing the Commlsslon recommends approval Should the Commission recommend denial, the petltloner may then appeal the request to the City Council If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit written opposition, then six out of seven votes of the City Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition In favor of request N e utr~:~:qC~reCsl;°ne ~"'~O p p;sed to r'~q ue-'-'"'st"'~ Comments I'~ E ~¢' ,'/_~ O-J~' .(~, 43'-~ ~)'~---~ Signature ~/~/~~.~,~'~,~------' '*' "" Ma,hngAddress .x'~!¢ ~Q ~x31/')dl/c)?~d('~& City, Stat, Zip ~xiJrf']3cn "-'7'v'L-J-'7/'/) ~,O J Physical Address of Property within 200 feet ~ CITY OF DENTON, TEXAS ClTY HALL WEST · DENTON. TEXAS 76201 · 9403498350 · (F)9403497707 FIlename 20, NOTICE OF PUBLIC HEARING Z-00-005 The Planning and Zoning Commission of the C~ty of Denton will hold a public hearing on Wednesday, May 10, 2000, to consider recommending approval to C~ty Council concerning a Detailed Plan to change 3 816 acre from SF-7 zoning district to a Planned Development (PD) zoning district The property is legally described as being 3 816 acre out of the T M Downing Survey, Abstract Number 346, In the City of Denton, Denton County, Texas It is located at 2225 East McKinney Street A residential/office mlxed-use development Is proposed The public hearing wdl start at 6 00 p m In the City Council Chambers of City Hall located at 215 E McKinney Street, Denton, Texas Because you own property w~thln two hundred (200) feet of the subject properJy, the Planning and Zoning Commission would I~ke to hear how you feel about this zoning change request and invites you to affend the public heanng 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 ~n no way prohibits you from affend~ng and parbc~pabng in the public heanng ) You may fax It to the number located at the bottom, mail it to the address below, or drop It off ~n-person Planning and Development Department 22'1 N Elm ST Denton, Texas 76201 Attn: Deborah Vlera, Planner I The zoning process includes two public hearings designed to provide opportunities for c~t~zen involvement and comment Prior to the public hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this not,ce The first pubhc heanng ~s held before the Planning and Zoning Commission The Commission is informed of the percent of responses in support and in opposition Second, the zoning petition is forwarded to the City Councd for final action providing the Commission recommends approval Should the Commission recommend denial, the peri!loner may then appeal the request to the C~ty Council If owners of more than twenty (20) percent of ~he land area within two hundred (200) feet of the rote submit written opposlbon, then s~x out of seven votes of the C~ty Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition Please circleone ~ In favor of request Neutral to request // Opposed to request % Comments / ._..~· . ~ PrlntedName p~v.l.~ X~/¢/,~;~/'o~' t ,' '_,' J~aY 8 2000 aa,hng Address 2(2-0 ~c~ ~~- 4.('//tc.~ / l - , C.ty. State Z,p' ~)c'~ ~'~ ! ~"K ? 4 ~- O [ I ' ' __ L Telephone Number (~'0~) ..C~ ,-~'-~J~?/'ff' 0~, rj. / ~/ / Physical Address of Propertyw,thln 200 feet ..2//~ ~) -/on~ ~'¢/-.~-.~.v' CITY OF DENTON, TEXAS C~TY HALL WEST . DENTON, TEXAS 76201 · 940 349 8350 · (F) 940 349 7707 Filenamo 2~ 05/06/00 SiT 3.8 46 F.4.'~ 940323883.1 Joy Rob~.nsoll ~]ool NOTICE OF PUBLIC HEARING Z.,O0-O05 The Planning and Zoning Commission of the City of Denton will hold a publ~ hearing orr Wednesday, May 10, 2000, to consider mcon~mendlng approval to City Council concerning a Detailed Pla~ '; change 3 816 acre from $F-7 zoning district to a Planned Development (PD) zoning d;stticC The property Is legally descltbed as being $ 816 acre out of the T.M Downing Survey. Abetract Number 346, m the City of Denton, Denton County, Texas. It is located at 2225 East McKinney Street. A resldentiaV office m~xad-use development Is proposed The public hearing will start at 6.00 pm. In the C~y Council Chambers of C~ty Hall located at 215 E McKinney Street, Denton, Texas Because you own properZy within ~wo hundred (200) feet of the subject properly, the Planning and Zoning commlss]on would like to hear how you feel about this zoning change request and mvrles you to attend the public heanng Please. In or, der for your opinion to be taken into account, return thIs form With your cnmments prior to the date of the public hearing (Thzs in no way prohibits you from attending end parEcipabng in the public heaSng ) You may fax it to the number located at the bottom, mail It to the addres~ below, or drop it off in-person Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Deborah Viera, Planner I The zonlng~proc~s Includes two public hearings designed to provide opportunities for c~t~zen Involvement and cornment. Prior to 1he public heatings, landownem wlthln two hundred (200) feet of the subjec~ property am nolffied of the zoning request by way of this nogce The first public hesnng ~s held before the Planning and Zoning comrr, esion. The Comm~slon Is Informed of the percent of responses In support end in opposltlon Second, the zoning petition is forwarded to the City Council for final scion providing the Commission recommends approval Should the Commission recommend denial, the petitioner may then appeal the request to the City Council If owners of more than twenty (20) percent Iof the land area within two hundred (200) feet of the see submit written opposition, then six out of seven votes of the City Council ere required to approve the zoning change These forms are used to ¢~leulate the pereenfage of landowner opposition ~ Please circle one: ~ In favor of request Neutral to request Comments: Signature ~ Pdnted Name. Ph~l Addr~s of Pr~e~ ~ln 200 feaE 22 05/02/00 ~OH 10 16 F~k 940 384 1847 Eric J Kaltchner ~ool NOTICE OF PUBLIC HEARING Z-00-005 The Planning end Zoning Comm{sslon of the City of Denton w,{{ hold a pub{m hearing on Wednesday, May 10, 2000, to consider recommend{ng =pproval to City Coun=l concern{rig a Detailed Plan to change 3 616 ~cre from $F-7 zoning al{att{ut to a Planned Development (PD) zoning district The property is legally described as being 3 616 acre out of the T.M Downing Survey. Abstract Number 346, In the CRy, of Denton, Denton County, Texas It is located at 2225 East McK{nney Street. A residential/office re{xed-use development Is proposed The pubho hearing will start at 6 00 p m {n the C~ty Coun={ Chambers of McK{nney Stree~t, Denton, Texas Beoause you own property w~h[n two hundred (200J feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about th~s zoning change request and Invites you to attend the publtc haanng Please, m order for your op,nlon to be taken Into ec~,ount, return thts form with your comments prior to the date of the pub{lc hearing (Th~s tn no way proh!b[t.s, you from eitandmg and perbc~pabng tn the public hearing ) You may fax it to the number located at the bottom, mall It to the address below, or drop It off In-person Planning and Development Department 22t N. Elm ST Denton, Texas 76201 Attn' Deborah Vlera, Planner I The zoning process Includes two public heanngs designed to prowde opportunities for cibzen Involvement and comment Prior to the public heanngs, landowners w~thln two hundred (200) feet of the subject property are notified of lhe zoning request by way of this notice The first public heanng ~s held before the Planning and Zoning Commission The Commission Is reformed of the percent of responses ~n support and In opposition SecOnd, the zoning petition Is forwarded to the CRy Council for final action providing the Commission recommends approval Should the Commission recommend denial, the petitioner may then appeal the request to the City Council If owners of more than twenty (20) percent of the land area wlthln two hundred (200) feet of the site submit written opposition, then s~x out of seven votes of the City Council are required to approve the zoning change These forms are used to calculate the percentage of landowner opposition Please circle one' In favor of request Neutral to request Signature ~ Pdntad Name MalllngAddress ~.0~'~ ¢~.o~,~..=,,F'rp~c~ ~-'~, City, State Zip~ ~¢~,~ 7"',1¢ '7~ ~.O ( Telephone Number ~',~'~--~-0~ ~'~'77 Physical Address of Property within 200 feet ~.o I~'/-~ c~,~,,,= ~/~- ~_./. CITY OF DENTON, TEXAS crrYH~U.W~ST · DENTON, TEXAS 76201 · 9403498350 · (F)940,3497707 Fllename 23 ENCLOSURE 6 Neiahborhood Meetina Outcomes (May 8, 2000) The following items were discussed dunng the neighborhood meeting for Z-00-005 (The Common): · Increase of traffic along East McK~nney Street · A need for a traffic s~gnal hght at the ~ntersectlon of McKlnney Street and Mack Drive · Preservation of the trees on the proposed development s~te · Proposed permitted uses for the s~te · A need for a fence along the rear s~de of the property · Single-family dwelling (Building A) dedicated on perpetuity as a single-family residence Z-00-005 Neighborhood Mtg 24. ENCLOSURE 7 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM SF-7 ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT (PD-185) WITH CONDITIONS ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 3 8 ACRES OF LAND LOCATED AT 2225 EAST MCKINNEY STREET, PROVIDING A DETAILED PLAN ENCOMPASSING APPROXIMATELY 3 8 ACRES, PROVIDING FOR A PENALTY IN THE MAXIMLrM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE (Z-00-005) WHEREAS, John Kelsey [n,tlated a change in zomng for 3 816 acres of land from SF-7 zoning dmtnct classlficatmn and use deslgnatmn to Planned Development (PD) with conditions zoning d~stnct elass~ficatlon and use designation, and WHEREAS, on May 10, 2000, the Planmng and Zoning Commission concluded a pubhc heanng as reqmred by law, after which a motion to recommend approval of the requested change in zoning, and WHEREAS, the City Council finds that the change m zoning is consistent with the Comprehensive Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The zomng district classification and use designation of the 3 816 acre property described m the legal description attached hereto and incorporated herein as Exhibit A is changed from SF-7 zomng dismct elasmficatlon and use designat,on Planned Dvelopment (PD-185) zoning district clasmficatlon and use designation under the comprehensive zoning ordinance of the City of Donton, Texas, subject to the following conditions 1 The permitted land uses are restricted to those described m the list attached hereto and incorporated herein by reference as Exhibit B, some of~vhmh require a specific use penmt as shown on Exhibit B 2 Architectural standards include the following (a) Slgnage shall be similar to the example attached hereto and referenced as Exhibit C (b) Lighting shall be design and maintained so and not to shine on or otherwise disturb surrounding residential property or to shine and project upward to prevent dlffumon into the mght ski SECTION 2 The City's official zoning map ~s amended to show the change in zoning Page 1 of 4 26. district classification SECTION 3 If any provision of this ordinance or the apphcatlon 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 fined a sum not exceeding $2,000 00 Each day that a provision of tlus ordinance is violated shall constitute a separate and distinct offense SECTION 5 That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of tlus ordinance to be published twice in the Denton Record-Chromcle, 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 _, 2000 JACK MILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY Page 2 of 4 27. EXHIBIT A All that certain 3 820 acre tract or parcel of land situated in the T M Downing Survey, Abstract 346, City of Denton, Denton County, Texas, smd tract being part of lands conveyed to Warren B Mack and wife, Pauline Beary Mack by Deed dated October 10, 1951 and recorded in Volume 374, Page 256, Deed Records of Denton County, Texas, said tract being further described herein by metes and bounds as follows BEGINNING for the Southwest comer of this tract at a steel rod found at the intersection of the East line of Mack Place, as shown by instrument recorded in Volume 383, Page 131 of the Deed Records of Denton County, Texas, with the Northerly nght of way line of F M No 426 (East McKmneyl Street), THENCE North 0 degrees 56 minutes West, along said Eastern right of way line of Mack Place, a distance of 415 0 feet, THENCE South 88 degrees 51 nunutes East, 400 0 feet to a steel rod set, THENCE South 0 degrees 56 minutes East, 424 1 feet to a point in aforementioned Northerly right of way hne off M Road No 426, a steel rod found, THENCE Westerly along said Northerly nght of way line of F M Road No 426 as follows, Westerly along said curve to the left, which has a radius of 1478 9 feet, a distance of 165 09 feet to the end of said curve, North 88 degrees 51 minutes West, 235 6 feet to the Place of Begmmng 28. Exhibit B Land uses shall be hm~ted to the following a PERMITTED USES One Family Dwelling Detached One Family Dwelling Restricted Commumty Umt Development Dormitory, Boarding or Roomxng House Art Gallery or Museum College or Umvers~ty or Pnvate School Church or 'Rectory Commumty Center (Pubhc) Day Nursery or K~ndergarten School Hospxtal (General Acute Care) Hospxtal (Chromc Care) Instltut~on of Rehglous or Phflanthropm Nature Pubhc L~brary Monastery or Convent Nursxng Home or Residence Home for Aged Occasional Sales Park, Playground or Pubhc Community Center School, Pnvate Primary or Secondary School, Pubhc or Denomxnat~onal School, Bus~ness or Trade Accessory Building Commumty Center (Private) Temporary F~eld or Construction Office (SubJect to Approval and Control by Building Inspector) Home Oceupatxon Off-Street,Park~ng Incidental to Mare Use Off-Street~Remote ParPang Private Swxmmmg Pool Telephone, Bus~ness Office Telephone Line & Exchange Swatchlng or Relay Station Country Club (Private) w~th Golf Course Public Park or Playground Pubhc Play Fxeld or Stadmm Sw~m or Termxs Club Offices, Professxonal and Admmxstratxve Studio for Photographer, Musxcian, Artist or Health Ammal Chine or Hospxtal (no outsxde runs and pens) Page 3 of 4 29. b PERMITTED USES WITH APPROVED SPECIFIC USE PERMIT Fraternity, Sorority, Lodge or C1vlc Center Pubhc Building, Shop, Yard of Local, State or Federal Government Radio and/or Television M~crowave Tower Conuneretal Parking Lot or Structure Cafeteria Mortuary or Funeral Parlor Restaurant Scientific or Research Laboratories Page 4 of 4 30. EXHIBIT C SIGNAGE Example of style desired by owner Description of the proposed sign · Two s~ded s~gn · Width 7 feet · Height 6 feet Logo of the proposed s~gn e sey 31. MR. ENGELBRECHT: So we'll move onto Agenda 3 Item No. 5 which is to hold a public hearing and consider making a recommendation to the City Council concerning a $ det&~led plan to change 3.8-plus acres from Single-Family 6 7 to a Planned Development zoning d~str~ct. The property 7 ms located at 2225 East McKinney. An off,ce/residential 8 mixed-use development is proposed At this time I'll open 9 the public hearing and ask Ms. Vista to provide us wmth 10 the staff report and recommendation 11 MS. VIERA: Commission, Chairman -- 12 MR. ENGELBRECHT. Ms Vista, could I interrupt 13 you Just one moment before you began? 14 MS. VIERA~ Sure 15 MR. ENGELBRECHT: Just a note to the 16 Commissioners, we had discussed at the end of our last 17 meeting refraining from grilling the staff in much detail 18 and instead holding our questions for the petitioner. So 19 Just kind of a reminder of what we had talked about last 20 time. Thank you. Ms. Vista, thank you. 21 MS. VIERA~ Sure. Tonight we are considermng 22 this zoning change for 3.8 acres located at 2225 East 23 McKinney. Basically, we have a detailed plan to actually 24 establish the PD. And the detailed plan basically 25 encompasses four existing structures on a 3.8 tract PLANNING AND ZONING DRAFT MAY 10, 2000 32 i Basically, no major improvements have been proposed 2 besides the parking lot, 24 spaces, the signage that has 3 been proposed by the applicant and is part of your backup, 4 and maybe some dead trees, they have to take them out of 5 the tract. The detailed plan basically wants to devote 6 three of the structures for office purposes and keep one 7 for residential use. We are talking, and if you are 8 looking at your detailed plan, basically, the 9 single-family dwelling is the one that is an the back of 10 the tract. The Mack house that is the wide big house that 11 you can see from the street, the parking garage, and this 12 old studio apartment that they have in place will be 13 devoted for office purposes. 1% According to the Comprehensive Plan, this 15 proposed residential office Planned Development, it is 16 compatible with the uses. I don't know if you are related 17 to that area but, basically, we have the County Jail and 18 the new County Court close by this area. That's why we 19 actually understand that the uses that have been proposed 20 are compatible with th~s section of the CD. 21 Talking about transportation, basically, we 22 know -- we have been doing some calculations. And 23 according to statistics based on square footage, we think 2% that around 85 trips per day will be generated. But I 25 want to bring to your attention that this is the worst PLANNING ~ ZONING DRAFT MAY 10, 2000 33 i scenario possible that we will have. We also made some 2 calculations based on maximum number of employees And I 3 have been talking with the applicant, how many lawyers you 4 can accommodate in that house, and, basically, they told 5 me that around ten people can work on that place according 6 to the floorplan of the office. Basically, all the 7 accesses will be on McKinney. Even though the 8 single-family has some access on Mack, it Ks not -- won't 9 be able to use that access to get ~nto the property. 10 Talking about landscape, they exceed the 11 minimal requirements. There's a bunch of trees in place 12 that they want to keep. It is my understanding that they 13 are trying to develop the whole site according to the 14 trees in place. They will provide a sidewalk in front of 15 McKinney. And, again, it will follow the trees that we 16 have in place. 17 Twenty-six property owners were notified at 18 the time that we made all the not~flcations. 69 residents 19 were notified as part of the 500 notification process We 20 had seven responses that actually -- and I want to show 21 you this -- that are opposed to this zon=ng change. We 22 have five residents that are in favor and zero neutral 23 positions. We made the calculation of the opposition and 24 it goes up to 10.73 percent. We also had a neighborhood 25 meeting last week, actually, this last Monday. And I PLANNING AND ZONING DRAFT MAY 10, 2000 34 1 believe that was very fruitful I believe that many of 2 the residents came with questions that were answered 3 Many of them withdrew their opposition and actually 4 support this zoning case. Many of them are concerned 5 about traffic on McKinney Street, but not to the uses that 6 have been proposed. 7 And I wanted to make lake a suam~ry of the 8 issues that we covered during the meetang. I would also 9 like to give you a copy of the letters of opposition and 10 support that we got, especially the one that is in 11 support. Maybe you will find a letter that Ks backing 12 those for opposition, however, I put an front whatever is 13 more reason, so -- 14 MR. ENGELBRECHT: Very fine. 15 MS. VIERA: In our meeting, we had around 15 16 people to show up. And, basically, we had six topics that 17 we discussed. The first was the xncrease of traffic along 18 East McKinney Street. The second was the need for a 19 traffic signal light at the intersection of McKinney 20 Street and Mack Drive. I believe that those are the 21 topics that brings more concern to the neighborhood 22 instead of actually the proposed zoning change. 23 We also discussed the preservation of the 24 trees of the proposed development site. The applicant 25 basically committed to the neighborhood to say, we are PLANNING AND ZONING DRAFT MAY 10, 2000 35 i going to save trees. We want to keep birds in place. And 2 they're very happy with the landscape of that site 3 We also discussed the proposed permatted uses for this site. Some of the neighbors were concerned about $ having a halfway house on the site because they knew that 6 that was one of the uses that you can have under an Office 7 zoning district. However, the list that we brought to the 8 neighborhood was a refined version and they already strike 9 out some of the uses. And we went through it and they 10 feel comfortable with what the applicant has proposed for 11 the site. 12 We also discussed a need for a fence along the 13 rear side of the property. That is this side that backs 14 of the single-family subdavision on the north sade Some 15 of them want to keep the natural buffer that as in place 16 Some of them want to have a fence in place. However, I 17 Just want to bring to your attention that if we put a 18 fence, that means that that natural buffer will be gone 19 because we will be disturbing all the bushes that they 20 have in place. 21 The last item was the single-famaly dwelling 22 that is the Building A on your detaaled plan, dedicated on 23 perpetuity as a single-family residence. Those are, I 24 believe, the main issues that we dascussed. And, again, 25 traffic was the big one. PLA/~NING AND ZONING DRAFT MAY 10, 2000 36 1 As a staff, we understand that thas detailed 2 plan meets all the minimum technical requirements for a 3 detailed plan and we recommend approval with three 4 conditions. First, the permitted land uses to be 5 restricted to those described in the list attached to the 6 ordinance, that you actually have a copy of. The second 7 will be the signage shall be samilar to the sample 8 attached to the ordinance. And the third wall be the 9 lighting shall be designed and maintained so as not to 10 shine on or otherwise disturb surrounding resadential 11 property or to shine and project upward to prevent 12 diffusion in the night sky. Any questions? 13 MR. ENGELBRECHT. I belaeve we do Mr 14 McNeill. 15 MR. MCNEILL: You said there would be about 85 16 trips if this were developed as the owner as proposang an 17 that neighborhood, I think you saad. 18 MS. VIERA: I belaeve. 19 MR. MCNEiLL: 85 to 89, I dadn't write it 20 ~own, but I think that's what you said. My question is af 21 this were developed as -- th~s 3.8 acres were developed as 22 SF-7, how many trips would we generate? 23 MS. VIERA: Well, basically, we have a 24 statistic of 9.55 trips per unit, I believe so. So if we 25 -- I would say that maybe this development wouldn't be PLANNING AND ZONING DRAFT MAY 10, 2000 37 i subject to the interim regulations because it Ks less than 2 five acres. So if they can maybe accommodate 15, close to 3 20 unite for the site that they have, that means that you 4 are tearing down the big white house and having all the 5 four acres for single-family, I will say that it will go 6 up to 150 trips or more than that 7 MR. MCNEILL~ Yeah. The f~rst calculation, if 8 I did a quick number there, just under 200 trips would 9 exist if we develop this as SF-7 based upon the numbers 10 you said there. 11 MS. VIERA~ Yes. Yes. 12 MR. MCNEILL~ Okay. So that's opposed to 85 13 under the development -- 14 MS. VIERA~ And that is the worst scenario 15 because -- 16 MR. MCNEILL~ I understand. Thank you very 17 much. 18 MS. VIERA~ -- I can give you the range from 19 40 to 85. 20 MR. EN~ELBRECHT~ Ms. Apple. 21 MS. APPLEs This quest=on might be more 22 appropriately addressed to the pet=tioner but I'm going to 23 try you. I actually own some investment property in this 24 area, within the 500-foot range, and so I received a 25 letter from the owner of the property as I belLeve all of pLANNING AND ZONING DRAFT MAY 10, 2000 38 i the people who own property did And in that letter they 2 stated that they were only going to use that specifically 3 for the law office and that they had no future plans to do 4 anything else. And my concern is not the law office. I 5 don~t think that would greatly increase the traffic or 6 cause problems. My concern is the uses that could 7 potentially be on that site. Was there a dlscussion about 8 limiting it just to the law use and negating all these 9 other uses, as we sometimes do? 10 MS. VIERA= Well, during our neighborhood 11 meeting, we brought the listing, actually that you have, 12 and the big concern was to have some type of halfway house 13 in place. We went through it Nobody raised their voice 14 against anyone. The applicant was willing to actually 15 maybe strike some of them, you know But, however, there 16 was no opposition in that meeting 17 MS. APPLEs To these other uses? 18 MS. VIERAs To the other uses. 19 MS. APPLEs Okay. 20 MS. VIERAs So we actually discussed it. 21 MS. APPLEs All r~ght. Thank you. 22 MS. VIERA~ You,re welcome 23 MR. ENGELBRECHT Any other questions at this 24 time, Commissioners? Okay. Thank you. Thank you, Ms. 25 Vista. Is petitioner or petitioner's representative PLANNING AND ZONING DRAFT MAY 10, 2000 39 I present? 2 MR. KELSEY= Good evenmng. 3 MR. ENGELBRECHT: Good evening. Please give 4 us your name and business address for the record 5 MR. KELSEY~ We're Dick and Ann Kelsey. We 6 live at 206 Ridgecrest Circle, Denton, Texas. To give you 7 a little bit about ourselves, we've lived in Denton for 8 the last 33 years and I've practiced law for the last 36 9 years in Denton. We've been in the same house 28 years 10 We've been in our office on East McKinney for the last 14 11 years. We're not people who move around a lot. We're not 12 doing this for investment. We're doing ~t for use So 13 we're telling you a little bit about ourselves. 14 I want to cover some of the things, tell you a 15 little bit about the house. It's known as the Mack house. 16 I have found out that it was built by the Foster family in 17 the 1920's. I talked to Bob Caldwell today and he said he 18 was born in 1921 and it was there when he was there So 19 it was done in the 1920's. We figure it's somewhere 20 around 75 years old. When we first thought about trying 21 to convert this to a law office, we were very concerned 22 about the zoning. Obviously, we have a home We don't 23 need a home. We need an office. And so when we talked to 24 City staff and we talked to C~ty people, the first 25 question we were asked, actually two things, is, number pLANNING AND ZONIN~ DRAFT MAY 10, 2000 40 1 one, will you save the old house, wxll you commit to save 2 the old house. And we said, yes, we will They saxd, 3 will you commit to the sight line of the house, that 4 you won't build anything in front of the house. And we 5 said, yes, we will So the third questmon was, will you 6 save as many of the trees as you possibly can. And the 7 a~swer to that, of course, was yes. We are very green 8 people. We're very bird-friendly people. We like it that 9 way. 10 Now, the -- I want to first of all compliment 11 your staff. Ms. Vista has been extremely courteous, very 12 professional, and has been helpful to us. We did not know 13 how to do this. We si~ned our contract in January We 14 allowed 90 days for rezonmng That was a joke That 15 didn't work. So we had to buy this house or lose the deal 16 and we've done that. So we're hear telling you it's very, 17 very important that we try to get mnto this house as soon 18 as possible and this zoning be granted. 19 Now, Mr. Reichhart was also extremely helpful 20 and we had several formal meetings, of course, with DRC 21 and individual meetings wmth Mr. Reichhart and Ms. Vista 22 and they were most helpful and most courteous to us. We 23 want to pass on our compliments to the Commission. 24 The zoning plan, as far as we know, meets 25 every guideline. We're not aware of any guxdelxne it doss PLANNING AND ZONING DRAFT MAY 10, 2000 41 1 not meet. We want -- we agreed to the PD zoning because 2 it locks in what's there and it cannot be destroyed and we 3 were perfectly willing to do that. We think the house is 4 an asset to the city of Denton and we would lake to see it 5 maintained. 6 Let me talk to you a lattle bat about usage of 7 the property. This is 3 8 acres. It as obviously far 8 more than is necessary for a single family. And we would 9 not have wanted to buy 3.8 acres but that was the only way 10 it could be sold So we had to buy the whole 3 8 acres 11 which meant that we paid more than we really wanted for 12 the use of the building, but that's okay I want to point 13 out that McKinney is scheduled for expansion to a sax-lane 1% major thoroughfare. No one would want children an a 15 single-family residence next to a sax-l&ne major 16 thoroughfare. I think that's considered generally to be 17 poor planning and potentially dangerous to the children 18 involved. So we think that the use that we are proposing 19 is very compatible with all of the safety factors that are 20 involved in usage. 21 I think it provides an excellent buffer zone. 22 That is you have apartments immediately to the east and 23 it's a fairly large complex. That's going to generate a 24 lot of traffic. There's going to be a lot of people in 25 there. This provides an excellent buffer zone between the pLANNING A~D ZONING DRAFT MAY 10, 2000 42 I single-family residences that are there and the apartments 2 which are there. And the street provides some of a buffer 3 zone for what may end up as apartments or local commerc=al 4 tO the immediate south. But we th~nk this provides the 5 best protection for the neighbors that they can possibly 6 get. 7 This is a low density use. There are three of 8 us in the law firm~ myself, and I'm 60 years old and I 9 don~t know how long I~m going to be doing this. I guess 10 as long as necessary. And our son who is 31 years old and 11 has been practicing with me now for f~ve years, and Larry 12 Collister who is a recent addition to our firm. There are 13 only three lawyers in the firm. The house ~s only 3,800 1% square feet. It is not as large as a lot of people think 15 when they look at it. There are only five rooms available 16 upstairs in which to put attorneys. The downstairs is 17 configured to where there can be two conference rooms, a 18 reception room, a work area, and that's =t. So you can't 19 put very many people in this building. Ms. Viera asked us 20 what the maximum expansion that we would plan, and I can't 21 imagine over five lawyers. I imagine that wmll be done 22 after I'm gone so there's one less to deal with. So this 23 is a very low density proposal. 24 In a way, it's going to be family-occupied 25 because our family is going to occupy it We can't PLANNING AND ZONING DRAFT MAY 10, 2000 43 I guarantee that forever but for as long as wetre -- Itm 2 practicing law, that,s where Itm going to be. Itve 3 already said, when I die lust put me ~n a clean garbage 4 can in the backyard. I dontt want to move again. One 5 thing that I think is good is that there will be very 6 little or absolutely no night usage This is not 7 something you*re going to have other people playing 8 stereos or apartments or traffic or people hollering back 9 and forth. There will be no night usage. If I can help 10 it, there will be no night usage. I certainly have pulled 11 all the all-nighters I ever want to pull 12 There is less traffic, and Mr. McNeill was 13 right on the money, there is less traffic than if the 14 family remains SF-7 zoning -- the property remains SF-7 15 zoning, considerably less traffic So I do know that it 16 would allow some 85, and we don*t understand 85 because 17 wetve got all of us over there now and I dontt think we 18 generate 85, but I understand that~s maximum. One of the 19 things I want to point out on traffic is that I'm an early 20 person so Itm usually down at the office, oh, 6=45 or 7.00 21 so I don't usually run into a traffic problem. I usually 22 stay until about 6=00, as do the other law, ers. So we 23 don~t generate a traffic problem after 6 00 The 24 probleme are the 8=00 o,clock traffic and the 5=00 o'clock 25 traffic. And we a~mit, certainly, there is a problem PLANNING AND ZONING DRAFT MAY 10, 2000 44 i there. Now, most of our clients, which is where you would 2 get some traffic generated, are there from 9~00 to 4~00. 3 So they would not be at the peak traffic counts either 4 Now, I've already mentioned the fact that 5 we're very tree-friendly, we~re very bzrd-friendly. It's 6 our plan and has been our plan. We have moved everything 7 around. We have moved the parking spaces around to save 8 the nice trees. We do not object to that. We think 9 that's a wonderful goal. We think that's part of what 10 makes this property beautiful Unfortunately, we're going 11 to lose about nine out of the big 12 trees in front when 12 the expansion of McKinney takes place, but there's nothing 13 we can do about that. We will, however, and do ~ntend to 14 plant substitute trees now. That,s our plan. 15 Now, this house looks very nice from the 16 front. The front has been redone. It has permanent 17 siding on it And Ann can give you an zdea. That zs a 18 permanent siding and that is the front of the house. I 19 will tell you that they did not do the east szde of the 20 house in this nor did they do the back side nor have they 21 done the garage apartment. And as you can see, it needs 22 help. And we are prepared to do that. We have contracts 23 waiting. We have contractors ready to finish it 24 compatibly with the materials that are already on there. 25 We have plans to either take that swimming pool out I PLANNING AND ZONING DRAFT MAY 10, 2000 45 i would like to convert ~t to a fountain but Ann and I are 2 fighting about that because I don't know if we're going to 3 have enough money to do that. But I~d love to make it into a fountain for bird purposes and every other purpose. 5 But we don~t want a pool ~n there. We think it's 6 dangerous. We think it's unsightly. And there would be 7 no use for it. The house is deteriorating. We have 8 oo~itments to upgrade the house. We have commitments to 9 spend money on the house that, very frankly, if it is not 10 our office, we cannot afford to do. 11 The sign is an issue. You'll see =n the 12 center of the proposal on the diagram that the sign is 13 almost directly in the middle. That's the sign. Let me 14 tell you that we have spoken to Mr Don McLaughl=n in 15 Utilities and he does not object to the sign being located 16 closer to the road than this diagram shows. Let me tell 17 you, I think there's a safety factor. That house is not 18 easily seen behind those trees. If someone tries to f~nd 19 our office and has to slow down on McKinney Street to look 20 and try to find that sign, I think that creates a traffic 21 hazard. We would like to have permission to move ~t 22 closer according to the standard spacing for the standard 23 sign ordinance, and that is so many feet up, so many feet 2% back. And we would like to be able to do that. We do 25 understand that if we have to move it for utility PLANNING AND ZONING DRAFT MAY 10, 2000 i purposes, that will be our expense and our burden to do 2 that and relocate it, and we are perfectly w~lling to do 3 that. But I think it would really be a mistake to set it 4 back that far for safe traffic safety reasons 5 Now, I will tell you that as soon as we 6 received the mailing matrix from Ms Vista, we did send 7 out a letter. We wanted to assure people that we were 8 open for discussion. We've done everything that we know 9 to contact everyone in the neighborhood. As soon as we 10 got the mailing matrix, we sent it out Interestingly 11 enough, we got no telephone calls. I thought we would 12 have some telephone calls from neighbors wanting to know 13 what we were going to do. But we did not We did ask Ms. 14 Viera for a list of those opposed and we tr~ed to contact 15 them and to explain to them what we were planning to do 16 and why we were planning to do it. Because when the 17 letters go out, the average person that gets that doesn't 18 really know what's going to happen. And so we did try to 19 contact and some of whom we did and some, I think, have 20 changed their minds as a result of the information that we 21 have been able to give them 22 The meeting we thought was very sat~sf&ctory. 23 I will tell you my impression of the meeting was is that 24 the folks who live in that area are much more concerned 25 about getting a traffic light on Mack Drive and concerned PLANNING AND ZONING DRAFT MAY 10, 2000 47 I &bout the expansion and the traffic problems that they are 2 encountering at the 8~00 o'clock and 5=00 o'clock 3 problems. And that's what seemed to me to be the primary 4 concentration. We think that very few of the people, or 5 the comments that we heard, actually, I don't think any of 6 them were opposed to the idea of using this as a law 7 office or similar offices. And in regard to Ms. Apple's 8 question, we had no other comments about any of the uses 9 that were on the proposed list. We had already deleted a 10 number of those voluntarily. So that was already done. 11 We do not think that a fence would be 12 appropriate for a nu/uber of different reasons. First of 13 all, it would destroy some of the very ground cover that 14 the City wants end that we want. It would destroy bird 15 habitat. It would not be a sightly -- we understand 16 there's only one person who has expressed any concern 17 about that and because they felt that someone walked 18 through the backyard and perhaps was about to burglarize 19 their house, and that's what caused them concern. I do 20 want to say this, that we checked and there is going to be 21 a fence required between us and the apartments. That 22 means that this property will be fenced all the way around 23 except the front on McKinney and the very back where the 24 gentleman lives in the house. We think that a fence would 25 be unsightly, unnecessary, expensive, and actually PLANNING AND ZONING DRAFT MAY 10, 2000 48 i detrimental to the appearance of the property. 2 In regard to the proposals of the C~ty, will 3 the uses be restricted? Yes, we agree to that. We have 4 no problem with that. We~ve already gone through that 5 with staff and edited out what they thought was 6 inappropriate The signage, we have no problem being 7 co~itted to the form of the sign. It's on your 8 materials, I believe, that you've been furnished. There's 9 an old beautiful 1858 home in Corsicana which you see an 10 the background of that picture. That's what the lawyers 11 have done in that case. We will want to put 2225 in large 12 enough numbers so that, again, people aren,t straining to 13 read this when they're driving. And we'll want it close 14 enough to where we don't create a traffic hazard where 15 people are looking for the property, because many people 16 drive by there and don~t ever see the property. 17 As far as the rest of the material, I don't 18 know if I have any time left, let me ask Ann if you have 19 anything to say. She~s -- 20 MR. ENGELBRECHT= Two minutes if you want to 21 use it. 22 MR. KELSEY: She's nervous Anyway. I would 23 like to offer myself and Ann to answer any questions 24 you-all might have. 25 MR. ENGELBRECHT: I do belLeve we have some. PLANNING AND ZONING DRAFT MAY 10, 2000 49 i MR. KELSEYz Yes. 2 MR. ENGELBRECHT= Ms. Apple. 3 MS. APPLEz It's my understanding that the 4 list of remaining uses that we have is the pared down 5 list. And my concern is that there is still an awful lot 6 of uses on here that I'm comfortable with backing up to a 7 single-family neighborhood and also with the concerns 8 about traffic. Because even though McKinney is going to 9 someday he six lanes, I don't think that's in the 10 ilumediate future. And Mr. Salmon might can shed some 11 light on that. 12 But my concern is some of these allowed uses 13 could increase traffic a great deal, schools, daycare 14 centers, nursing homes, hospitals. There are a number of 15 things on this list that concern me And as you said, you 16 may not always own the property. Your intention may be to 17 operate it as a law office with a maximum of five 18 attorneys and a minimum of parking spaces. What my 19 concern would be is down the road if you do sell it or you 20 do something else with it or want to change the use, that 21 these uses would still be allowed And I guess I would 22 want to ask you would you be willing to delete these uses, 23 also? 24 MR. KELSEY: Ail of those uses? 25 MS. APPLE~ Uh-huh PLANNING AND ZONING DRAFT MAY 10, 2000 50 i MR. KELSEY: NO, ma~am. 2 MS. APPLE~ Okay. 3 MR. KELSEY: I can't invest that kind of money aald I die and my son retires and we have no way to dispose 5 of that property. I cannot do that. That's lust not 6 economically feasible. May I comment on your question a 7 little bit? 8 MS. APPLE: Sure. 9 MR. KELSEY. The practicality of the sltuatmon 10 ms we agreed to the PD because it locks everythmng in 11 there. Now, what that means is if somebody wants to do 12 something else with that property, they have to use the 13 structures that are there. They cannot build another 14 square foot of structure and that's why we agreed to the 15 PD. Which means if you go through that list and you look 16 at it, they would have to use the existmng structures that 17 are there. 18 MS. APPLE: And I realmze that. But the 19 existing structures could be used for a dormitory. The 20 existing structures could be used for & church, a 21 community center, a day nursery, a kindergarten, a 22 hospital, a nursing home, & private school, home 23 occupation which covers a wide varmety of issues, a 24 private swimming pool, an anmmal clinic or hospital 25 There are a number of uses on here that the exmsting PLANNING AND ZONING DRAFT MAY 10, 2000 51 i structures could be used for and some of these uses, quate 2 frankly, concern me in that particular space. 3 MR. KELSE¥= I don't know how to respond to 4 that. If we ~- I will tell you that we have a long-range 5 plan for the property. It is long-range and that is to 6 develop the rest of it into compatible office space 7 That's the plan. We think that's the highest and best use 8 for the property That as a long way down the line and 9 that is only depending upon a number of different factors 10 And because we agreed to the PD and because we agreed to 11 the detailed plan, we have to come back and start all over 12 again if we're going to do that. We cannot do that 13 without coming all the way back And we've explaaned that 14 to the neighbors because they were concerned that we would 15 get the camel's nose in the door and then do something 16 else. And we tried to explain to them that that was why 17 we agreed to the PD so that we could lock in what would be 18 done. There are uses there that we would never intend to 19 use and, you know, we~ve gone over those and we've gone 20 over them with staff and we don~t think that many of those 21 things would apply. But we have an awful lot of our 22 savings invested in this property. If it were to sell, at 23 would have to sell as-is, that is under the existing PD, 24 and then they would have to come back and rezone it or we 25 would have to come in and try to rezone at, which makes no PLANNING AND ZONING DRAFT MAY 10, 2000 52 1 sense, 2 Now, as far as the list is concerned, you 3 know, I don't want to get into s bargaining session. I 4 don't want to sit down and say, what will you accept and 5 what you won't. If there are specific things in there 6 that really bother you, if you would tell us what they are 7 now while other people are speaking, we'll go back and 8 speak of those and see if we can agree to that. 9 MS. APPLE: Okay. And those that I Just 10 mentioned were the ones that concerned me. And please 11 understand, I don't doubt your intentions at all, but I 12 know sometimes circumstances change, families change. And 13 that's my concern is I don't doubt your motives or 14 intentions at all. 15 MR. KELSEY: No, I understand. And I 16 understand that's a very legitimate concern but what I'm 17 s&ying is that I'm not going to be here forever and I'm 18 not going to be practicing law forever, I hope. That's my 19 goal, to give it up at some point in time and the good 20 LOrd is going to make me give it up anyway one day. And I 21 don~t know whether John and Larry and their new people 22 will want to do this or not. They may change their 23 minds They may want to go someplace else because they 24 don't own the property, Ann and I do, or actually Ann 25 d~es. If you could give us, we've got a pencil handy, if PLANNING AND ZONING DRAFT MAY 10, 2000 53 I you would Just simply read us -- read to us from top to 2 bottom those things that are concerning you while others 3 are speaking, if you'll let us come back when we get to 4 final rebuttal -- 5 MR. ENGELBRECHT= You bet. Sure 6 MR. KELSEY= -- then we can go over the list 7 with you. We~d be happy to do that. 8 MS. APPLE= And I have one question for staff. 9 What is a community unit development? 10 MS. VIERA= I don't have the definition and I 11 cannot tell the definition from the top of my head, but it 12 is my understanding that we have it under the Subdivision 13 Ordinance. So if you can give me time, let me go through 14 it. 15 MS. APPLE= Thank you. 16 MR. ENGELBRECHT= I think Mr. Powell has got 17 it right here. 18 MR. RISHEL= The other things are? 19 MR. ENGELBRECHT= You want to go on down the 20 rest of them? 21 MR. RISHEL= Right 22 MS. VIEI~A~ It is on page 2506. 23 MR. ENGELBRECHT~ Oh, you have it. 24 MS. VIERA= Yes. 25 MR. ENGELBRECHT= Okay Do you want to read PLANNING AND ZONING DRAFT MAY 10, 2000 54 I that? 2 MS. VIERA~ Community unit development means 3 an area of two acres or more on subdivided land or the 4 frontage on one side of the street between two 5 intersecting streets planned as a single integral 6 residential development. The minimum lot depth, lot 7 width, and the minimum front yard, side yard, or rear yard 8 setback may be reduced from the standards prescribed for 9 the district in which the community unit development is 10 located provided that the overall density is in compliance 11 with the district standard. The community unit 12 development is subject to site plan approval by the 13 Planning and Zoning Commission and changes include a 14 provision of permanent community open space shall be noted 15 on the subdivision plat where the overall density 16 standards are proposed to vary from those of the distract 17 in which the community unit development is located. The 18 development shall be handled on the Planned Development 19 procedures. 20 It looks to me like a PD, ~t is treated as a 21 Planned Development. 22 MR. ENGELBRECHT: Residential. 23 MS. VIERAI Residential. 24 MR. RISHEL: Clear and concise, as we would 25 expect. PLANNING AND ZONING DRAFT MAY 10, 2000 55 i MS. APPLEs Clear as mud, yes Thank you, 2 Deborah. 3 MS. VIERA~ I believe that ~s one of the 4 longest definitions that we have. 5 MS. APPLEs Of course, ~t would be. Okay 6 MR. KELSEY May be step up, Deborah? 7 MS. VIERA~ Sure 8 MR. KELSEY~ Now, the list which we have, Ms 9 Apple, has -- I want to go to the front l~st, permitted 10 uses, because everything after that ~s special use We 11 would have to come back for permission anyway. 12 MR. ENGELBRECHT~ Yeah. 13 MS. APPLE~ Right. But there are this many 14 uses that are -- unless I don't have a pared down l~st, 15 and it was my understanding from staff that I did. 16 MR. KELSEY= I don't know because we don~t 17 have the same appearing document But if you would simply 18 read to us what bothers you, let us go back and talk about 19 it. 20 MS. APPLE~ I appreciate that. The dormitory, 21 boarding, or rooming house, the private school, church or 22 rectory -- 23 MR. KELSEY' Hold on lust a second. It ~s 24 school, private primary or secondary? 25 MS. APPLE~ It's college or university or PLANNING AND ZONING DRAFT MAY 10, 2000 56 i private school. 2 MR. KELSEY: Sorry, we have to find that up 3 here. 4 MR. ENGELBRECHT: Let me give you thls list 5 because this is what's in our backup and then we're all 6 working off of the same sheet. I think that will make it 7 a little easier. 8 MR. KELSEY: Okay. Th=s is a different list 9 than we're working off of. 10 MS. APPLE: Okay 11 MR. MORENO= Mr. Chairman, why does he have a 12 different list? 13 MR. MCNEILL~ Than we have? 14 MR. ENGELBRECHT: Well, we got th~s backup 15 pack and -- 16 MR. MCNEILL: Well, shouldn't he have the same 17 one? 18 MR. ENGELBRECHT: Well, he may not have. He 19 wouldn't necessarily have gotten this package ~n this form 20 as the applicant. 21 MS. VIERA~ I would answer that Basically, 22 what they have is the list that we have for office 23 district. They have the long version. 24 MR. ENGELBRECHT~ They had the long version. 25 MS. VIERA: Yes. PLANNING AND ZONING DRAFT MAY 10, 2000 57 i MR. ENGELBRECHT~ And after you struck them 2 off -- well, actually -- no, actually, this list would 3 have come out before the neighborhood meeting because you 4 had the neighborhood meeting Monday night. 5 MS. VIERA~ Yes. 6 MR. ENGELBRECHT~ So thLs was a list that 7 you-all worked up before the neighborhood meeting. 8 MS. VIERA~ Yes. 9 MR. KELSEY= Yes, sir. 10 MR. ENGELBRECHT~ All right. 11 MR. KELSEY~ And then we met with the 12 neighbors and they did not ask that we delete anything 13 else. 14 MR. ENGELBRECHT= Okay. 15 MR. KELSEY~ But we're certainly walling to 16 entertain your comments. 17 MS. APPLEs I appreciate Lt. 18 MR. KELSEY~ Let us keep goLng here, if you 19 will. 20 MS. APPLEs The dormitory, then the college or 21 university or private school, then church or rectory, then 22 the public community center, then day nursery or 23 k~ndergarten, hospital - general acute, 24 hospital - chronic, religious institutLon, nursing home, 25 public community center, private primary or secondary PLANNING AND ZONING DRAFT MAY 10, 2000 58 1 school. 2 MR. KELSEY. I'm sorry, we've lost the -- 3 MS. APPLE: Park, playground, or public 4 community center. School - private prxmary or secondary, 5 school - public or denomxnatmonal, school - business or 6 trade, home occupation And that would -- that covers a 7 wide variety so can you expand on home occupation? 8 MR. POWELL: Home occupation does have the 9 limit that you cannot have customers. You can't have 10 employees. So, by definition, it limits that. 11 MS. APPLE: Deliveries and that kind of thing? 12 Okay. Then that's fine. Then the private swimming pool 13 and then the very bottom one, animal clinic I don't 14 think there's any chance of somebody puttxng a country 15 club with a golf course there. 16 MS. KELSEY: Actually, that was taken off, I 17 think, Monday night, but we massed that one. 18 MS. APPLE: Okay See, that's still on our -- 19 okay 20 MR. KELSEY: We just didn't see it when we 21 were striking things. 22 MS. APPLE: No, neither that nor the monastery 23 or convent, probably the odds are slim. 24 M~. KELSE¥: Whatever monastery or convent 25 constitutes under the Zoning Ordinance, and I don't have PLANNING AND ZONING DRAFT MAY 10, 2000 59 1 any idea. 2 MR. ENGELBRECHT~ I don~t thank they're 3 opening too many new ones. 4 MR. KELSEY~ Anyway, we've taken more than our 5 time but do you mind if we go over thas last and then be 6 prepared to discuss this when you reconvene and we get our 7 chance to speak again? 8 MR. ENGELBRECHT~ Sure. Right. 9 MS. APPLE~ Thank you. 10 MR. ENGELBRECHT~ There are some other 11 questions. 12 MR. KELSEY= Okay, good 13 MR. ENGELBRECHT~ Yes, Ms. Gourdie. 14 MS. GOURDIE~ Thank you. Mr. Kelsey, how do 15 you handle the ADA requirements in a two-story building? 16 Do you have to go with that? 17 MR. KELSEY= We've already checked on that and 18 we've gone through your City staff and they have gone -- 19 we walked through there with your City inspector and he 20 has told us what we need to do. There is a bathroom 21 downstairs capable of modification to ADA and there is one 22 door that will have to be widened for ADA But we have 23 already gone through your inspectors on that. 24 MS. GOURDIE~ Great Okay. Also, the back 25 residential building A is considered -- will be kept as PLANNING AND ZONING DRAFT MAY 10, 2000 60 i residential. Will that be rental property or how will 2 that be handled? 3 MR. KELSEY: It's rental. 4 MS. GOURDIE: It's rental right now? 5 MR. KELSEY: Unless we can't get it zoned, 6 then we move into it 7 MS. GOURDIE: Okay The other question I had 8 is do you have a photograph of the back, the very back of 9 the lot? 10 MR. KELSEY: Yes. 11 MS. ~OURDIE: So I could Just see what the 12 gentleman who was asking about fences was questioning 13 And while she's looking for that, I Just wanted to comment 14 that my concerns about the permitted uses, I don't have as 15 many concerns as Ms. Apple has. My only concerns were the 16 occasional sales and the school, publmc or denominational, 17 and school, business or trade. And then, of course, I had 18 a real problem with a lot of the SU, specific use permit 19 ty~es. So I really have no problem with most of them 20 except the occasional sales is my real problem on that 21 one. And, again -- 22 MR. KELSEY: I don't even know what that does, 23 to be honest with you. 24 MS. ~OURDIE: It could mean anything. It 25 means you could have craft shows there, I think. You P~ANNIN~ AND ZONING DRAFT MAY 10, 2000 61 i know, you could have people come on your property and have 2 a Fry Street fair or whatever you wanted. 3 MR. KELSEY= We don~t want that. But, at the % same time, you know, if an antmque dealer wanted to set up 5 in there and it were appropriate, you know, I don't know 6 if that's within zoning. I don't know ms the answer to 7 that. 8 MS. GOURDIE. Yeah 9 MR. KELSEY. So I don't know the answer to 10 that. 11 MR. ENGELBRECHT: We can get a definmtion of 12 occasional sales. 13 MS. GOURDIE: My whole concern for that ms 14 because the property isn't really contained any longer. 15 It's not really -- it's general publmc coming mn and out 16 and I find that to be the most mnappropriate of all these 17 uses other than the, you know, cafeteria and restaurant I 18 don't think should be on there even with the SUP 19 MR. KELSEY~ No. 20 MS. GOURDIE: So I lust wanted to let you know 21 how I felt about those couple of th~ngs. And I was lust 22 wondering if that back of the property, I guess I didn't 23 really see the picture, but y'all had spoke that there is 24 brushes back there, brush and trees and so forth. If you 25 could help by giving me a visual description, I'd be PLANNING AND ZONING DRAFT MAY 10, 2000 62 i appreciative. 2 MR. KELSEY= If I may move this around a 3 little bit, the one gentleman who was talklng about 4 building this fence, and so far as I know there's only one 5 person who has mentioned this -- 6 MS. KELSEY~ Mr. Fudge, I th~nk, and he's 7 here. 8 MR. KELSEY~ And I believe that he~s here 9 today. This area right here, this residential house is 10 the one we're talking about And it is served by this 11 loop road right here. And this is some open area and some 12 trees. This is -- all this area in here ~s heavily 13 developed and you would have to cut all of this area ~n 14 here to cut that off. And we don't really understand -~ 15 we don~t understand the risk We don~t see where there's 16 a risk factor here. And then backing up to these people, 17 all this is heavily grown over in here and you would have 18 to take all that out. In other words, if you were going 19 to fence this, I don~t know how you would fence it, like 20 that or what. 21 MS. KELSE¥= Well, there is a fence between 22 the Mack property and the single-family dwellings 23 MR. KELSEY. This ~s fence all across here. 24 MS. KELSEY~ All back there. 25 MR. KELSEY~ This is fence all across here up PLANNING AND ZONING DRAFT MAY 10, 2000 63 I to this point and then this wall be fenced over on this 2 side. 3 MS. KELSEY= They have already done chaxn-link % fencing down to about, well, below Dick's hand, about 5 right here, where it looks like they wall start the 6 wrought iron fencing here and across the front. 7 MR. KELSEY~ This is very heavmly grown over 8 right in here. 9 MS. GOURDIE: Yeah, because I drove by, and I 10 can Just barely see it, going speed limit and everything, 11 you can barely see what's happening back there. 12 MS. KELSEY: That's right. And we have 13 comm%itted to the ten-foot setback. Right now -- 14 MR. KELSEY: To preserve that 15 MS. KELSEY: -- it is probably, I'm guessing, 16 20 feet to 30 feet in some areas. 17 MS. GOURDIE: Thank you for the visual because 18 I was going to suggest maybe we plant a few more green 19 things back there, but if it's already overtaken by God's 20 creation, we just won't mess with that. 21 MR. KELSEY: Oh, it's -- 22 MS. GOURDIE: But I do see a chain-link fence 23 around the pool. Is that also requmred by the City for 24 safety reasons? 25 MR. KELSEY: Yes. PLANNING AND ZONING DRAFT MAY 10, 2000 64 i MS. KELSEY~ I imagine it was. I don't know. 2 MS. GOURDIE= Okay. 3 MR. KELSEY= Yes, to meet City -- I donft know 4 because, you know, a couple of things I never wanted mn my 5 life and one of them was a swimming pool And I know 6 people who have them love them, but to me they've been a 7 lot of trouble, everybody I~ve ever talked to We don't 8 want the pool. We will either take it out and green that 9 area over altogether or we need to talk to appropriate 10 people who know about this, if we could turn mt into a 11 real pretty fountain area, kind of like a little fish 12 garden, I'd love to do that, but I don't know if it's 13 feasible. 14 MS. GOURDIE: Ail right. Thank you for 15 answering. 16 MR. KELSEY: But, no, we do not want a pool. 17 MS. GOURDIE~ All right 18 MR. ENGELBRECHT: We do have a defmnition for 19 occasional sales. 20 MS. GOURDIE: Thank you. 21 MR. POWELL: It is very long so I'm Just going 22 to hit the high points It basically is for a person who 23 is living in the property can have two sales three days in 24 duration to sell their own property So you could not 25 have a flea market or other kind of -- you couldn't bring PLANNING AND ZONING DRAFT MAY 10, 2000 65 I merchandise onto the property to sell. 2 MS. GOURDIE~ So you could have a three-day 3 garage sale, is that it's saying? 4 MR ENGELBRECHT~ Exactly. 5 MR. POWELL~ Twice a year 6 MS. GOURDIE= Twice a year, okay Thank you. 7 MR ENGELBRECHT~ We do have some other 8 questions. Mr. Moreno. 9 MR. MORENO~ Yes, sar, Mr Chairman, if I 10 could direct my question to Mrs. Apple, ~f thatts 11 appropriate. Itm wondering what you're thanking as on 12 striking church or rectory. 13 MS. APPLEs Just the traffic ~ssues. In some 14 of the previous cases that we've been through where 15 churches moved into existing build~ngs, the traffic, the 16 increased traffic as it grew and grew Really lust the 17 traffic issue on that street. 18 MR. MORENO= Okay Thanks 19 MR. ENGELBRECHT= Okay. Are there any other 20 questions for the petitioner? I have a couple, ~f I 21 might. 22 MR. KELSEY= Yes, sir. 23 MR. ENGELBRECHT~ I know, and the staff had 24 indicated to me even before you came, that there was 25 concern about what you wanted to do with the pool, whether PLANNING AND ZONING DRAFT MAY 10, 2000 66 i yOU wanted to make it a pool, fountain, or nothing. It's 2 on the PD and you're aware that if it's on there and you 3 want to make a change, then you're going to have to come 4 back and make the change to the PD. 5 MR. KELSEY: We understood that that was over 6 -- we talked about this very question and we understood 7 that when it says proposed recreational area, that does 8 not lock in the pool. The pool is there for 9 ~dentification purposes as opposed to zoning purposes. 10 That's what we understood that to be. 11 MR. ENGELBRECHT: Well, I want to make that -- 12 MR. KELSEY: Okay. I ]ust want to make sure 13 that -- 14 MR. ENGELBRECHT: And while we're in that 15 area, there.s also the chain-link fence and the rock wall. 16 MR. KELSEY: Same thing. 17 MR. ENGELBRECHT: Okay. 18 MR. KELSEY~ We don't intend -- those are 19 there for descriptive purposes, as we understand it, as 20 opposed to -- I mean, I don't want to -- ~f we want to 21 take the chain-link fence out of there and put a nicer 22 fence, which we would want to do, we don't want to come 23 back and rezone. 24 MR. ENGELERECHT~ Have to come back. Exactly 25 Exactly. And so I will ask staff at this time where do we PLANNING AND ZONING DRAFT MAY 10, 2000 67 i stand with regard to those items on this PD? 2 MS VIERA= Talking about the pool, I talked 3 to the building inspector supervisor, Greg Mitchell, and I 4 asked him if they need to come and fix the pool to convert 5 it to a fish pond, let's say, do they need any permit. So 6 if that is not actually staying on the detailed plan, they 7 have to come and amend the detailed plan. He told me that 8 they wouldn't need a building permit to fix the pool into 9 a fish pond. That was my understanding. 10 MR. ENGELBRECHT~ Okay. 11 MS. VIERA= So that's why we didn't specify as 12 a fish pond in the detailed plan. However, the cha~n-link 13 fence and the rock wall, they did it to describe the area 14 but not to maybe keep it as it is right now. 15 MR. ENGELBRECHT~ Okay All right. So the 16 rock wall and the chain-link fence are not a requirement 17 for the PD? 18 MS. VIERA~ No. 19 MR. ENGELBRECHT= They're ]ust sxmply on the 20 detailed plan -- 21 MS. VIERAI To show what it is right now 22 MR. ENGELBHECHT= -- for information The 23 area, the dark line around, which says rock wall, in 24 essence, is the proposed recreational area which would be 25 -- is required and that is a part of the PD PLANNING AND ZONING DRAFT MAY 10, 2000 68 I MS. VIERA: Yes. 2 MR. EN~ELBRECHT: Okay. And it's Just simply 3 proposed recreational area. If they want to close the 4 pool in, they don't need a permit. If they want to change 5 it to a fish pond, they don't need a permit. 6 MS. VIERA: Yes. 7 MR. EN~ELBRECHT: Okay. 8 MS. VIERA~ So if they can come out with, 9 let's say, a gazebo or something or a table to actually 10 make an open space, well, it will be included as a 11 proposed recreational area. 12 MR. EN~ELBRECHT: Okay. And so it wouldn't 13 trigger a building permit and, therefore, it wouldn't 14 trigger a requirement to change the PD? 15 MS. VIERA: No. 16 MR. EN~ELBRECHT~ Very good. 17 MR. KELSEY: That was our understanding about 18 why that wes done that way. 19 MR. EN~ELBRECHT~ Okay. I wanted to make 20 s~re. With regard to the sign, since you're here and you 21 brought that up, I have a question of staff about the 22 setback on the sign. Was that done in order to keep it 23 out of the right-of-way for McKinney Street at the current 24 time? Is that why it's back so far? 25 MS. VIERA~ The whole purpose was to keep the PLANNING AND ZONING DRAFT MAY 10, 2000 69 i utility easement running through that area. That's why we 2 -- even though Utilities said, we don't mind to have a 3 sign on the top of the easement, you know, they want to be 4 there before actually they put the sign so they can run § the wires and everything that they have to do before they 6 actually build the sign. However, we will try to keep 7 any structure out of the easement. That ms the whole 8 reason. 9 MR. ENGELBRECHT: Okay. So we could simply 10 xndicate an area which could be in the utxl~ty easement in 11 which they could place the sign, and then as a part of a 12 condition of the PD, it would be a condition that xf the 13 utility easement, if they have to come through and do 14 utilities, it's the owner's requirement to take the sxgn 15 out and put it back in. Would that work? 16 MS. VIERA: That would be fine. 17 MR. ENGELBRECHT: Would that work all right? 18 MS. VIERA~ Yeah. 19 MR. ENGELBRECHT: Okay Then I have to ask a 20 question of the petitioner. Do you have an area in mind? 21 Or that may be another issue if you would look at sort of 22 a larger area that we can put on this PD, or maybe you 23 already have one xn mind. 24 MR. KELSEY~ We have a -- I th~nk, lust 25 basically in that area is fine. PLANNING AND ZONING DRAFT MAY 10, 2000 70 1 MR. ENGELBRECHT~ And I realize there's 2 vegetation issues, as well. I think, are there not trees? 3 MR. KELSEY. Yes, but interestingly enough, 4 I've tried to diagram that a little bit. I don't know if 5 that shows up. 6 MR. ENGELBRECHT: Right. That's fine. 7 MR. KELSEY: But lust something like that is 8 fine. And the only problem is I am concerned about the 9 safety because we've had people go out and try to look for 10 that house and they don't see lt. It sits so far back. 11 MR. ENGELBRECHT: Right. 12 MR. KELSEY: And I think that if somebody, 13 particularly a client who does not know where the house 14 is, we describe it and describe it, and they're driving 15 along and they're trying to read a sign that sits so far 16 back, I really think that creates a safety hazard. 17 MR. ENGELBRECHT: I understand Okay. Okay 18 It appears that we do have another question. Mr Rishel. 19 MR. RISHEL: I want to Just distinguish 20 between a fish pond and, for Mr. Collister's sake, and a 21 fishing pond. I don't want him to think this is a fishing 22 pond back there. With regard to the -- and it might be a 23 question for Mr. Salmon. With regard to the extension of 24 McKinney, I know that is quicker on the drawing board than 25 what some people might think and I ]ust wanted to hear. I PLANNING AND ZONING DRAFT MAY 10, 2000 71 i don~t want to be putting in a sidewalk and then six months 2 from now or a year from now having to tear out a sidewalk 3 along a fairly lengthy piece there. 4 MR. SALMON~ The sidewalk is being placed 5 outside o~ where the right-of-way line would be in an 6 easement. So there would be relatively no chance of the 7 sidewalk being torn out during construction. 8 MR. RISHEL~ And the road is proposed to be? 9 MR. SALMON~ Inunediately the State plans to 10 widen it to four lanes divided. When th~s is platted, the 11 right-of-way will be wide enough for six lanes d~vided. 12 So, you know, I think the sidewalks would be well outside 13 of the imediate improvements. 14 MR. RISHEL~ Okay. Appreciate it. Thank you. 15 MR. EN~ELBRECHT~ While you're there, if you 16 might, I know thatts an issue, you said immediately 17 looking at four lanes And would you define immediate as 18 the State has defined it? 19 MR. SALMONs Immediately, the Texas Department 20 of Transportation has the four-lane divided road scheduled 21 for bidding in 2004. 22 MR. ENGELBRECHT~ All r~ght. Thank you. 23 Thank you. Any other questions at thls time? I Just have 24 one statement before you leave. In my n~ne years here, 25 generally when the petitioner comes down, they bring their PLANNIN~ AND ZONIN~ DRAFT MAY 10, 2000 72 i attorney sometimes with them. This is the first time that 2 -- but, of course, the petitioner as an attorney, and this 3 is the first time the petitioner has brought their spouse 4 with them. So I want to comm%end you It's a first for 5 me. 6 MR. KELSEY= I tried to get Ann to make the 7 presentation but she chickened out. She wouldn't do at. 8 And, actually, she brought her boyfriend is who she 9 brought. Thank you. 10 MR. ENGELBRECHT= Thank you. Commissioners, 11 we still have to hear from those in support and those an 12 opposition. I do have a number of cards. Would you lake 13 to take ten minutes at this time? Yes. Okay All right. 14 We'll take a ten-minute break and we'i1 come back and 15 listen to those individuals in support and those then in 16 opposition. 17 (BREAK TAKEN) 18 MR. ENGELBRECHT~ Okay. At this time, we will 19 continue our public hearang with regard to Agenda Item 20 No. 5. I believe we were at the point of individuals in 21 support and I do have a number of cards. And ~f you 22 didn't submit a card, that's all raght. I will ask af 23 there are others who would like to speak. I have a card 24 from Mr. Kelsey and Ann Kelsey and I believe they've 25 already spoken. I have a card from an individual who PLANNING AND ZONING DRAFT MAY 10, 2000 73 i indicates he'd like to speak in support from Tom Silva. 2 UNIDENTIFIED SPEAKER= He had to leave. 3 MR. ENGELBRECHT~ He had to leave? All r~ght. 4 Then I will -- he did put some notes on here. This is 5 interesting. It says, in support with reservations. And 6 he made a comment, need moratorium on building on McKinney 7 until traffic situation is fixed. I also have a request 8 to speak from Jackie Bode. If you would give us your name 9 and address for the record. 10 MS. BODE~ I~m Jackie Bode at 2207 Longmeadow 11 here in town, 76201. I'm delighted to have the Kelseys 12 move into that property. I have looked at that property 13 knowing the possibilities of what could happen. The 14 proposed changes, as far as a buffer zone as they offered 15 to our neighborhood, I think is tremendous compared to 16 some of the other things that could be done with the 17 property. The traffic concern is a major concern but the 18 Kelsey's business in not going to -- it's already a flood. 19 The apartments opening to the east is going to be a major 20 flood. I think that anything the Kelseys add is going to 21 be a trickle compare~ to what's already there and what's 22 about to hit us. So I'm ~elighted to have the Kelseys 23 move into that property and open their law offices. You 24 know, is it ideal? I don't know of anything xdeal. But 25 certainly it's better than many of the alternatives. PLANNING AND ZONING DRAFT MAY 10, 2000 74 i Thank you. 2 MR. ENGELBRECHTs Okay. I believe we do have 3 a, question, Ms. Bode. 4 MS. BODEs Okay. Yes. 5 MR. EN~ELBRECHTs Mr. W~lliams. 6 MR. WILLIAMS~ Yes. Ms Bode, you heard the 7 other uses it can be used for, and unfortunately we, as a 8 board, have to look at the future, and what are your 9 feelings about the property use in general rather than the 10 law office use? 11 MS. BODEs Again, yes, I do realize that, you 12 know, at ten, 15, 20 years from now that property may well 13 change hands. It could be five years from now. At that 14 time, even without these, we may be hack here again about 15 a completely different issue concerning that land. The 16 existing list on the PD, am I thrilled about all of them? 17 No. Am I thrilled about Single-Family 7? No. I wasn't 18 thrilled about a very large apartment complex with 19 three-story apartments looking down the houses that 20 immediately back up to them. But I also feel like we have 21 to deal with the situation at-hand. I would much rather 22 deal with the consequences of changes on down the road on 23 the PD list than deal with someone besides the Kelseys 24 owning that property and coming in and requesting an 25 entirely different zone change. PLANNING AND ZONING DRAFT MAY 10, 2000 75 i MR. ENGELBRECHT~ Okay. I believe we have a 2 question also from Ms. Apple. 3 MS. BODE= Okay. % MS. APPLE= Do you realize, though, that it 5 wouldn't come back? It could change -- 6 MS. BODE= I understand that 7 MS. APPLE= Okay. I Just wanted to make sure. 8 MS. BODE= Uh-huh, I do. 9 MS. APPLE= It wouldn't come back if those 10 uses are permitted. 11 MS. BODE= Absolutely. But my point being if 12 the Kelseye -- if this does not work out for the Kelseys 13 and they put the property up for sale, whoever purchases 14 that property can come back and start this entire process 15 over again, am I correct, for a zone change for whatever 16 process they want? 17 MS. APPLE= If they change the zoning, but if 18 they want to Just put one of those uses in, ~t would not 19 come -- 20 MS. BODE= I understand that. 21 MS. APPLE~ I just want to make sure you 22 understand that it wouldn't come. 23 MS. BODE= Uh-huh, I sure did. I did. 24 MS. APPLE~ Okay. Thanks. 25 MS. BODE= Anything else? PLANNING AND ZONING DP, AFT MAY 10, 2000 76 i MR. ENGELBRECHT= Thank you. 2 MS. BODE~ Thank you. 3 MR. ENGELBRECHT~ Larry Collister. 4 MR. COLLISTER~ My name is Larry Coll~ster. I 5 reside at 1605 Victoria with my wife and two daughters. 6 We have a two-and-a-half month old daughter at home. I 7 Just want to make a couple of brief comments regarding 8 this. A lot of people here know me. I've worked on the 9 Vision for Denton process from beginning to end the last 10 two CIP Committees for the City of Denton; six years 11 ohairing the ZBA, the last four as chaxr, and I resigned 12 here about a month ago. 13 I think I know what the City of Denton wants 1% and I'm glad to see Dick and Ann Kelsey purchase this 15 property for an office. If you go to San Antonxo, if you 16 go to Austin, you go to the hill country, this is how & 17 lot of these older homes are maintained. Denton has a 18 deficient -- they're deficient in older homes that they're 19 maintained. The Oak Street area is about the only part 20 that is really left. If we're able to keep this, I think 21 it helps the city out a lot. 22 I'm disappointed to see a lot of the people, I 23 think, from the neighborhood leave and I'd like to point 24 this out and I hope they're listening at home, the City 25 has discretionary CIP funds for traffic lights. And I PLANNING AND ZONING DRAFT MAY 10, 2000 77 1 would urge them to contact the City to see about the use 2 of those funds, particularly at the area of Mack and 3 McKinney. I~m not sure where they stand on the present 4 CIP, if there's a traffic signal that's to be put at Mack 5 and McKinney, but there are discretionary funds. And 6 that's the only point I want to make at this tame. Thank 7 y~all. 8 MR. ENGELBRECHT~ Commissaoners, any 9 questions? I want to thank you and Aubrey. 10 MR. COLLISTER= Thank y~all. 11 MR. ENGELBRECHT= Okay We have -- I also 12 have a card from -- oh, that was not to speak Excuse me. 13 I don~t have any other cards of anyone that washes to 14 speak. I do have a couple of cards of individuals who 15 indicated support but didn't want to speak and I'll cover 16 those in a minute. Is there anyone else who would like to 17 speak in support of this petition? Anyone else present 18 who would like to speak in support of the petation? 19 In that case, I also have a card from Bryan 20 Robinson, %09 Fox Creek. He says, I am supporting the use 21 of 2225 East McKinney only if traffic consaderations such 22 as traffic light at Mack and/or turn lanes put in at the 23 intersection of McKinney and Mack Street. I also have a card from John Jenkinson, %10 Mack Drive, simply indicates 25 support with no comment. We will come back in a little pLANNING AND ZONING DRAFT MAY 10, 2000 78 i while. I asked staff to address the issue of the traffic 2 light at Mack and McKinney. Okay. We do have some 3 cards -- % MR. WILLIAMS= Mr Chairman. 5 MR. BNGELBRECHT~ Yes, Mr. Williams 6 MR. WILLIAMS~ Before we go further, the card 7 about the turn signal you read it faster than my brain was 8 working. Could you reread that again? 9 MR. ENGELBRECHT~ All right. Sure. This was 10 from Bryan Robinson and he said, I am supporting the use 11 of 2225 East McKinney only if traffic considerations such 12 as a traffic light at Mack and/or a turn lane are put in 13 at the intersection of McKinney and Mack Street. Okay? 14 And I do intend, if no one raises the issue, to ask staff 15 to come back and talk about what the requirements are to 16 put a traffic light in at Mack and McKinney. 17 Okay. At this time, we'll move to those who 18 would like to speak in opposition. I do have some cards. 19 First off, Denise Stansel. And if you would please give 20 us your name and address for the record. 21 MS. STAMSEL: My name is Denise Stansel. I 22 live at 506 Mack Drive here in Denton I'm not a speaker 23 so you'll have to bear with me. I'm representing several 24 families in our neighborhood. We all talked. And I 25 apologize that I did/%'t make the meeting on Monday. I had PLANNING AND ZONING DP. AFT MAY 10, 2000 79 I a previous commitment that I couldn't get out of with that 2 notice. So I wanted to be here so I rearranged for that. 3 I thank you for the notice that you sent out, 4 too, about the change in zoning because we recently had a 5 great surprise in the neighborhood when they tried to move 6 in two group homes. We were able to see that stopped 7 because I~m concerned about the value of my investment, 8 too, of our -- my husband, my three sons, and I like the 9 neighborhood We were looking for a home and it met our 10 needs. It was quiet. There's lots of trees And we 11 moved there in 1992. I still have a son at home. The 12 other families I~m representing have children there. I 13 fall within the 500 feet. 14 The last couple of years we've seen a lot of 15 change in the area and I appreciate Ms Apple's comments 16 because she said it much more eloquently than I can. My 17 concern is, as Mr. Kelsey said, he's not going to be there 18 long. What's going to happen with the future use of the 19 property? I don~t want my property devalued. I want to 20 be able to resell it sometime or move on. I want my child 21 to be safe. I want the neighborhood to be safe. And with 22 the potential usage of the property, I can see problems 23 with that. I appreciate the opportunity to come here and 24 I Just ask that you also consider our investment 1n this. 25 I understand there's also a concern in pLANNING AND ZONING DRAFT MAY 10, 2000 80 i Southridge where a business is wanting to go in and that 2 neighborhood is voicing concern that they don't want that 3 there either because of the safety concerns. I just want our concerns taken, too. Thank you. 5 MR. ENGELBRECHT: Thank you. Are there any 6 questions, Commissioners? Mr. Rishel. 7 MR. RISHEL: As it's proposed at this time, 8 are you opposed to Mr. Kelsey going in there? 9 MS. STANSEL: I don't oppose Mr. Kelsey. I 10 appreciate what they're trying to do. I'd like to see the 11 house saved, too. I think that's a good asset, and like 12 you said about other towns and Oak Street, too. I'm Just 13 concerned at the potential usage of the property. 14 MR. RISHEL: In the orLginal backup data that 15 we had, were you registered as in favor or opposed~ do you 16 know? 17 MS. STANSEL: I was never polled. 18 MR. ENGELBRECHT: 500 feet. 19 MS. STANSEL: Yeah, I lust barely came in the 20 500. 21 MR. RISHEL= Thank you. 22 MS. STA~SEL= In fact, I think it was halfway 23 through our house. 24 MR. ENGELBRECHT~ Okay. We do have another 25 question. Mr. McNeill. PLANNING AND ZONING DRAFT MAY 10, 2000 81 i MR. MCNEILL= Would you l~ke to see the 7,000 2 Square foot single-family housing development go in there? 3 MS. STANSEL: I'd rather see that than some 4 thet~s on that list. 5 MR. MCNEILLs But would you rather see the 6 7,000 square foot development as opposed to what Mr. 7 Kelsey is proposing? 8 MS. STANSELs No. 9 MR. MCNEILLs Thank you. 10 MR. ENGELBRECHT= Any other questions? Thank 11 you. Thank you. I also have a card from Melvin Fudge. 12 MR. FUDGEs Commissioners, my name is Melvin 13 Fudge. And I would like to request for my wife, Priscilla 14 Fudge, if she could come at this time. 15 MR. ENGELBRECHT= Sure That would be fine. 16 MR. FUDGEs My name is Melvin Fundge and this 17 is my wife, Priscilla Fudge, and we are at 312 Mack Drive 18 here in Denton. And we do have some concerns concerning 19 the development. We understand that the Kelseys would 20 like to have that place to use it for the law office and 21 we do not oppose of that, but we do have, as our other 22 meighbor has said, the future usage And my main concern 23 is the safety of my family because we are most affected by 24 this development that is coming. 25 And that is I'm the young men that someone PLANNING AND ZONING DRAFT MAY 10, 2000 82 i tried to break in my house while my family was there. And 2 this was on spring break, the first Monday of spring 3 break. And someone attempted to break an my house. So I 4 feel like -- versus bushes, bushes or shrubs or whatever 5 you want to call it, I don't think it's too much to ask 6 for a fence to connect from my property, the back of my 7 fence, connected to the rental house so that it can remain 8 residential. And we want that to be restricted only for 9 residential use. So I think shrubs versus safety and 10 security of my house, I think that would be the most 11 important thing, the most important issue for my family. 12 MS. FUDGE= I Just have e few concerns. Thank 13 you for the opportunity. Excuse my voice, I'm a little 14 hoarse. Due to our residence -- I typed mine out because 15 I~m lengthy if I don~t. Due to our residence being 16 directly on the side of the discussed property, this issue 17 is of great concern to us. Someone recently tried, as he 18 said, tried to break into the back door. And the officer 19 said that the tracks appeared to come from the 20 construction site of the new apartments being built next 21 to the property discussed here. 22 The new owners informed us at the meeting on 23 Monday that they plan to make a parking lot for their 24 customers, which is fine. However, due to the increase in 25 individuals having direct access to our beckyard, we PLANNING AND ZONING DRAFT MAY 10, 2000 83 1 request that the fence, you know, that they build a fence 2 to extend from the end of the resmdence fence to the other 3 residence that they own. That would also keep them from 4 having such easy access to the residential properties, not 5 only ours, but the other ones that are in the 6 neighborhood 7 And that's of a concern for us because, as he 8 stated, they will only be there until 6:00 o'clock in the 9 afternoon. After that, the property will be left empty, 10 so to speak, and anyone can drive up mnto the business 11 park there and have easy access to go in and out of the 12 homes as they will. Okay. And so that ms a concern of 13 ours, because if you would notice, one of the things I 14 wanted to explain, I have Just an easier -- 15 MR. ENGELBRECHT: They'll bring mt on. It's 16 coming up now. 17 MS. FUDGE: This is our property right here. 18 That's our property. The "X" ms where the home is. Okay. 19 The easement doesn't go as far back as they have drawn on 20 this map. It only goes to a little bit -- it only goes in 21 front of -- it's on our property. It's on our property 22 only. It doesn't go as far back as the map showed. I 23 copied this from the Denton County records. Okay? 24 Basically, what I'm saying is where you see this line, 25 where our property line is in front of the "X" and where pLANNING AND ZONING DRAFT MAY 10, 2000 84 i you see the hack of the "X" rmght here, it's open. It's 2 Just open, which means that anyone, unless they put a 3 parking lot back here, they can just easily come right on 4 bhe side of our house and right into where all the homes 5 &re with easy access. 6 He also stated that we are the only ones that 7 have -- that are in opposition for that -- that's the only 8 real opposition really that we have is that we put a fence 9 Just to block off that section. And the reason why we're 10 the only ones is because the house beside us is vacant. 11 The house beside that is a rental home. And the home 12 beside that is on the corner so it doesn't matter to them. 13 So we're the only ones that are actually living in the 14 homes there, own the homes. And the lady next to us where 15 the house is vacant lives in Oklahoma. So that's why 16 we're the only ones concerned. We're the only ones living 17 there. So I wanted to point that out, also. So it's not 18 that we have unconcerned -- that the rest of them Just 19 really don't care. It's that their houses are vacant. 20 Okay. And I Just thought that that was really a simply 21 request to make sure that that section is blocked off so 22 it -- they won't have such easy access to the residences 23 and to our property, as well. 24 We also had a lady from there that was living 25 in the garage apartment of the home that they're pLANNING AND ZONING DRAFT MAY 10, 2000 85 I purchasing that cut across from the back, Just like I'm 2 saying, and she came forward and my kids were trying to go 3 in the house from getting off the bus, and she was trying 4 to ask them can she use the phone. And they were trying 5 to say no and run in the house at the same t~me Well, 6 with that being a parking lot or whatever, it's going to 7 be Just easy access, easy access to the residence I lust 8 want a fence there. 9 And the second th~ng is, and I'm finished, ~s 10 the residence. Our second ma~n issue is the house at the 11 rear of the discussed property. And we would lake to see 12 this residence provided exclusively for residence. Since 13 we were told on Monday that they were not going to use 14 this house for business purposes, and we were told that 15 today, well, then we know that it should not be a problem 16 making a friendly amendment to the zoning with a condition 17 of the rezoning that they restrict the use of that 18 building to the use of a single-family residence, 19 especially since it's right there with all the other 20 homes. Okay. And we ask that that restriction be made on 21 that home. So that the Board put the restriction on that 22 home so that when someone else buys the property in the 23 future, if someone else were to buy that property, that 24 property will continue to be a residence, a single-family 25 residence and not turned into some type of business. PLANNING AND ZONING DRAFT MAY 10, 2000 86 i MR. ENGELBRECHT~ Okay. I do believe we have 2 a question. Mr. Rishel. 3 MR. RISHEL~ A couple of questions. Number % one, es it stands right now, are you for or against what 5 the proposal from Mr. Kelsey and -- 6 MS. FUDGEs We are for Mr. Kelsey. 7 MR. RISHEL= With the fence and with the 8 residential situation. 9 MS. FUDGEs With the fence and the 10 residential. That's what we're asking. 11 MR. RISHEL~ Okay That's my nlxmber one 12 question. My number two situation is I don't want you to 13 feel like the lone wolf on having been broken into during 14 spring break. You.re probably -- I have fallen into that 15 category in the past myself. So that can happen in any 16 neighborhood in our community, unfortunately. 17 The fence situation, I appreciate you 18 explaining where you're coming from with the fence. We 19 sometimes see fences on both sides of this issue. Fences 20 can be hiding places for people that want to commit crimes 21 and fences can be deterrents for people that feel that 22 thet~s a safety for them to have that So I appreciate 23 you expressing your views on what you see and why we don't 24 have some little better participation from some of your 25 neighbors because their absentee owners are not in the PLANNING AND ZONING DRAFT MAY 10, 2000 87 I area or vacant houses. So thank you very much for 2 expressing that. 3 MR. ENGELBRECHT. I believe we have some other 4 questions. Ms. Gourdie. 5 MS. GOURDiEs Thank you. Hi, welcome. I do 6 have a question for you. On the paper that we had, 7 therefs a private driveway easement and it looks as though 8 it would be going through your yard. Is that correct? 9 Does it go through part of your yard? 10 MS. FUDGEs Yes, it does. 11 MR. FUDGE~ Itfs a -- our property is kind of 12 like a triangle. And we kind of -- half of that driveway 13 is ours and it goes to the other side of the fence as the 14 fence that*s in front of the house, the rent house. And 15 that corner of that fence, it belongs to us. 16 MS. FUDGE. Right The grass that*s in front 17 of the rent house is ours. That's the way at is. 18 MR. FUDGEs See, it's & circular driveway, and 19 here it's easement, and then across that is our property. 20 MS. GOURDIEs I guess my concern is and what 21 I*m not understanding is y~all want a fence to extend from 22 the existing fence line of the back all the way across 23 that loop driveway. I guess what I don't understand -- 24 MS. FUDGEs A diagonal shape, in a sense. 25 MS. GOURDIE~ Okay So you actually want it PLANNING AND ZONING D~AFT MAY 10, 2000 88 i so it cuts the corner and then finishes off the property, 2 your square property, and not really go through the 3 driveway itself. Is that what you're asking for? 4 MR. FUDGEs No, we don't want =t to go through 5 the driveway. 6 MS. GOURDIE. So what you're actually saying 7 is that when it gets to the tip of the driveway, it cuts 8 over and remeets your property line, to the north side of 9 your property line, and then goes down to Mack Drive? 10 MS. FUDGE= Right. Because right now, the 11 renters cut through the easement to get to the home, to 12 the rent house. We have no problem with that, even though 13 the back of the easement where the grass is where he cuts 14 through, that's ours, too. Right now, he drives through 15 there to get to where he wants to go, which we have no 16 problem with that. So we don't want the fence right there 17 or we could Just put it there. We don't want to cut him 18 off. 19 MS. GOURDIE~ Okay And do you know how many 20 feet of fence that would be? 21 MS. FUDGEs Actually, we don't. We haven't 22 measured or anything so no, we don't 23 MS. GOURDIE= Okay. 24 MS. FUDGEs But what I~m saying ~s they were 25 thinking that we wanted a fence all the way along the PLANNING AND ZONING DRAFT MAY 10, 2000 89 I back. And our properties do have -- we have fences on the 2 backyards of every piece of property over there so we're 3 not asking that. We're asking just to connect it to kind 4 of out if off so there won't be such easy access. They 5 will not be there after 6~00 o'clock. And if they're 6 already cutting through shrubbery, unless it's paved -- 7 MR. ENGELBRECHT: Okay. I believe we have 8 another question. 9 MS. GOURDIE: Thank you. 10 MR. ENGELBRECHT: Mr. Moreno. 11 MR. MORENO: Yeah, I'm -- yeah, that's kind of 12 what I wanted to be clear of is where do you want the 13 fence? 14 MR. FUDGE: We want the fence -- 15 MR. MORENO: You want the fence to surround 16 that existing structure. Is that what I'm hearxng? 17 MR. FUDGE: Just in the back of our fence. In 18 our backyard, there's a fence. And we want it to connect 19 to the other rent house, back in the back of the rent 20 house. 21 MS. FUDGE: To cut it off. 22 MR. ENGELBRECHT~ Just so you can't cut 23 through. 24 MS. FUDGE: Just to separate the residences 25 from that business property is what we're wanting so that PLANNING AND ZONING DRAFT MAY 10, 2000 90 i they Just can't walk from his parking lot straight to the 2 side of our house or straight into the rent house or 3 wherever they want to go. 4 MS. VIERA~ If I understand you, what you are 5 proposing is a fence that doesn't allow nobody to cross 6 the whole side from one point to the other. It can be 7 diagonal shape like this or it can jag in this form? 8 MS. FUDGE~ Right 9 MR. MORENO~ So there is an existang fence 10 along the east side of that neighborhood now; is that 11 correct? 12 MS. VIERAs Yes. 13 MS. FUDGEs Ail the way down. I mean, we all 14 have fences. 15 MR. MORENOs And you-all live in that 16 triangle-shaped lot and the lot that is vacant as 17 immediately to the south; is that correct? Or that house 18 that's vacant is immediately to the south and then there's 19 a rent house. And then the last house that's on the 20 corner of McKinney and Mack, what was the status of that 21 house? 22 MR. FUDGE~ The status? 23 MR. MORENO= Yeah. Is there somebody an there 24 now? 25 MR. FUDGEs Yes, there is someone that lives PLANNING AND ZONING DRAFT MAY 10, 2000 91 I there. 2 MR. MORENO~ Okay. Thank you. 3 MR. ENGELBRECHT~ Okay. Mr. Williams % MR. WILLIAMS~ Yes. What kind of fence do you 5 want? Because when you start talking fencing, one can be 6 two feet and it's a fence there. 7 MS. FUDGE~ We prefer a s~x to eight-foot 8 fence, security fence. 9 MR. WILLIAMS~ Thank you. 10 MR. ENGELBRECHT~ Mr. Rishel. 11 MR. RISHEL~ Along the north part of that 12 property, is there fencing running all the way across the 13 hack end of that where I would see on my plan Lot 7, Lot 1% 5, 6, 7, 8, 15 MS. FUDGEs Yes. 16 MR. RISHEL: There's continuous fencing all 17 the way through on that? Okay. So you're trying to pull 18 that piece of property into the residential part on the 19 Mack Drive part so everything is more consistent with 20 that? 21 MS. FUDGE: Right. 22 MR. RISHEL: Okay. 23 MS. FUDGE: As a matter of fact, they pretty 2% much have it properly drawn here where the dark l~ne are. 25 And when it stops, that's our fence, and the rest of that PLANNING AND ZONING DRAFT MAY 10, 2000 92 i is open. And what we're asking is that they close that 2 off. 3 MR. RISHEL' Okay. Thank you 4 MR. ENGELBRECHT= Okay Any other questions? 5 I have one question for you. The detailed plan is laying 6 there, and I know you kept talking about the parking lot 7 as though it was in the back. Did they point out to you 8 where the parking lot is in the front? 9 MS. FUDGE: No, they did not 10 MR. ENGELBRECHT: Okay. 11 MS. FUDGE: They Just said a parking lot. 12 MR. ENGELBRECHT: I want Ms. Viera to point 13 that out to you that it's on the western side but it's in 14 front of the home. There is no parking and there will be 15 no parking in the back under this detailed plan. 16 MS. FUDGE: Okay. Is there any space for them 17 to go down the -- drive down the side at all? No? 18 MR. ENGELBRECHT: No 19 MS. FUDGE: Okay. Ail right. 20 MR. ENGELBRECHT: Well, I wanted you to 21 realize that there isn't going to be parking in the back. 22 It's still an issue of walking through. 23 MS. FUDGE: Right, because thxs owner -~ and 24 we understand that he's -- anything that he says, I really 25 believe. We're looking at the future PLANNING AND ZONING DRAFT MAY 10, 2000 93 i MR. ENGELBRECHT: I understand. Absolutely. 2 MS. FUDGE: And that's why we're asking for 3 the restriction on the home because if someone else buys 4 ~t, then the property -- our property value goes down and 5 the whole neighborhood's property value goes down. 6 MR. ENGELBRECHT: And that is -- that's 7 already a condition that was recommended by staff. 8 MS. FUDGE: Great. 9 MR. ENGELBRECHT: Okay. Did you have a 10 question, Ms. Apple? There is another question now Ms. 11 Apple. 12 MS. APPLE: Yes. The permitted uses that we 13 spoke about earlier, do you have -- are those all right 14 with you also? 15 MS. FUDGE: I agree with what you proposed. 16 We agree with your proposal. We thought they were great. 17 MS. APPLE: Okay. 18 MR. FUDGE: There is one also that I had 19 mentioned and that was the parking, if somethmng were to 20 happen, that the -- let's see which one it is -- the 21 off-street parking. That concerns me for that permitted 22 use. 23 MS. APPLE: Okay. Thank you. 24 MR. ENGELBRECHT: Any other questions? Thank 25 you very much. Let's see. I also -- actually, I believe PLANNING A~D ZONING DRAFT MAY 10, 2000 94 1 -- because I had a card from each of them, I believe 2 that's all the cards I'm showing in opposition. Is there 3 anyone else present who would like to speak in opposition 4 to this petition? Anyone else present to speak in 5 opposition to the petition? Seeing no additional 6 opposition, we'll move onto the rebuttal perxod 7 MR. KELSEY: Let me talk a little bat about, 8 first of all, I have given to Mr. Engelbrecht an edited 9 list. If you would like to read that off, I have laid it 10 on your -- 11 MR. ENGELBRECHT~ Okay. I'm sorry, I hadn't 12 seen that, but I will. I will read that off. You have -- 13 the ones in blue are what you've stricken? 14 MR. KELSEY: Yes, sir. And I've dated and 15 initialed that. 16 MR. EN~ELBRECHT: Okay Yes. 17 MR. WILLIAMS~ Read it kind of slow so I can 18 strike it as you go. 19 MR. ENGELBRECHT: I will. I will. We'll 20 begin with the fourth item, dormitory, boarding or rooming 21 house. The sixth item, college or university. I'm 22 assuming you struck the whole thing. 23 MR. KELSEY~ No, no. The ones that are not 24 drawn through are still there. 25 MR. ENGELBRECHT~ Well, I know, but it says or PLANNING AND ZONING DRAFT MAY 10, 2000 95 I private school and you did not draw through private 2 sohool. So you want -- okay. 3 MR. KELSEY~ No, we did not strike through % private school 5 MR. ENGELBRECHT~ Okay. So what was stricken 6 through was only college or university. 7 MR. KELSEY. That's correct. 8 MR. ENGELBRECHT~ We move down to community 9 center - public, hospital - general acute care, hospital 10 chronic care. Then we'll drop down four and nursing home 11 was stricken, but only that portion, not residence home 12 for aged. We move down, school, public or denominational. 13 Then we drop all the way do~n towards the bottom, country 14 olub, private with golf course. And I'm not sure. Did 15 you strike public park or playground? There's only one 16 line. Most of them are dark. 17 MR. KELSEY~ I'm sorry May I look? I think 18 we did. 19 MR. ENGELBRECHT= Yes, please, if you would 20 look on that one. I'm not sure about public park. 21 MR. KELSEY= Yes, that should be stricken 22 MR. ENGELBRECHT~ Okay. Thank you. Okay. So 23 we have public park or playground. I can't resist making 24 comment. Most folks want a public park or playground in 25 the area. PLANNING AND ZONING DRAFT MAY 10, 2000 96 i MS. APPLE~ A~d that wasn't one of -- 2 MR. KELSEY~ We~d be happy to do that if 3 you'll take it off the no-no list, we~d put it on. 4 MS. APPLE~ Because that wasn't one of mine. 5 MR. EN~ELBRECHT~ It wasn't? 6 MR. KELSEY~ Oh, we thought it was on your 7 list. 8 MR. WILLIAMS~ Why would you want a park there 9 anyway? Mack Park is -- I could even run to Mack Park. 10 MR. KELSEY~ Well, fane. Then go ahead and 11 Just keep that one on there. That's fine. 12 MR. EN~ELBRECHT= Okay. Public play field or 13 Stadium. 1% MS. APPLE~ I didn't do that one either. 15 MR. EN~ELBRECHT~ And animal clinic or 16 hospital, no outside runs or pens. I do have a question 17 ~or staff, if I might at this time. I should have asked 18 that already earlier. Church or rectory is on this list 19 and I~m not sure that it makes any difference They can 20 go anywhere by right, can they not? Churches can. So 21 that whether it's on this list or not on this list, if a 22 church wants to go there, they can do so. They have that 23 right by State law. And so we're probably as well off to 24 leave that on here as to take it off. 25 MS. APPLE~ Okay. PLANNIN~ AND ZONIN~ DRAFT MAY 10, 2000 97 i MR. ENGELBRECHT~ I think that was -- well, it 2 -- since it is a PD. Well, even so -- 3 MR. SNYDER~ No, there's no State law 4 requirement that churches can go in every zoning district. 5 But our Zoning Code, I looked at it, allows churches as a 6 matter of right in all zoning classifications. However, 7 as Doug I think is getting ready to point out, since this 8 is a PD, you could exclude it if you wanted to. 9 MR. ENGELBRECHT~ Oh, my error. I thought 10 that was a State law that allowed them by right in any 11 zoning district. 12 MR. SNYDER~ No, there's no State law that 13 says that. 14 MR. ENGELBRECHT~ That's Just our Zoning 15 Ordinance. 16 MR. SNYDER: Right. 17 MR. ENGELBRECHT~ Okay. Thank you. Okay 18 That was the list read. Let.s continue on, please. 19 MR. KELSEY~ I think I've said it probably 20 more than I should have so I'll lust yield to any 21 questions anybody might have. 22 MR. ENGELBRECHT~ Mr Williams. 23 MR. WILLIAMS~ Yes. What field of law do you 24 practice? 25 MR. KELSEY~ Real estate, probate, business, PLANNING AND ZONING DRAFT MAY 10, 2000 98 i corporate. We don't do any criminal law. We don't do any 2 domestic relations law. 3 MR. WILLIAMS~ Okay. That was one of my concerns. 5 MR. KELSEY~ I would understand that. We told 6 the citizens there that we did not do criminal law. I 7 gave that up last time I managed to get my client life in 8 prison. I~m not really very good at it. I was the best 9 right defender that the prosecution ever had. 10 MR. ENGELBRECHT~ This is tell all night here. 11 MR. KELSEY~ I confess. But I'm good at what 12 I do. 13 MR. EN~ELBRECHT~ Mr. McNeill. MR. MCNEiLL~ I forgot my question. Oh, my 15 question had to do with the fence. These folks that are 16 concerned about putting a fence around that rental 17 property. Do you have a problem w~th that? 18 MR. KELSEY~ I really do. The way the 19 property is viewed right now, ~t's very, very pretty. If 20 you look at that, it's quite attractive and everybody 21 likes it, everybod~ that -- all the staff people who have 22 walked it, all of your green people, Nona, who has walked 23 it. If you're standing here and you're looking back, this 24 is a very pretty green area in here. And that's going to 25 change the view. You can hardly even see that house. The pLANNING AND ZONING DRAFT MAY 10, 2000 99 1 The problem with the fence is when you do a fence, you 2 chop up the property. And the gentleman has had one break 3 in. We're not looking at a problem here that I can see. He's concerned about it. I understand that. But we don't 5 know where those people cams from. This property is 6 fenced all across the north. It's soon to be fenced all 7 across the east. It's got to be open to the highway. And 8 it's fenced all across the west part up to the gentleman's 9 property. And I don't want to talk property. The title 10 company told us that his lot line ended at his lot line, 11 where it says, and that this is, in fact, a dedicated 12 public easement according to the surveyor and according to 13 the title company. And I don't know that that makes any 14 difference because I don't really care anyway. But that's 15 not the issue. You're going to chop up the property. And 16 for what reason? To put a fence. 17 MR. MCNEILL: So your objection is esthetics? 18 MR. KELSEY~ I'm objecting for esthetics. I'm 19 objecting, obviously, for cost. I just don't see the need 20 to build a fence there for one -- because somebody mmght 21 walk through that property. Where would they walk through 22 from? It's one incident. I think if we had a constant 23 problem there, maybe that would be appropriate. MR. MCNEILL~ Is that property rented now? 25 MR. KELSEY: Yes, it is. It's rented to a PLANNING AND ZONING DRAFT MAY 10, 2000 100 i fireman, a City fireman, who has rented it now for a 2 number of years. So it is occupied when he's not on duty. 3 Plus the fact that the lady who has the garage apartment 4 is there, you know, full-time, too. So there are people 5 there. We thought about securzty matters. The lighting 6 we've agreed to on a restrictive matter. We just don't 7 see the problem there. I mean, I understand the 8 gentleman's concern but there's no real demonstrated 9 problem that I'm aware of. One person may have walked 10 through the yard and that person may have been the one who 11 attempted to burglarize the house. That could happen to 12 anybody. I mean, we can't just build fences to fence out 13 everything that might happen. 14 I Just don't think it -- and it wall change 15 the esthetics of the property and will not be as 16 attractive. We've going to have to clean this area out 17 back here so you're going to lose the natural screen. 18 You're going to have to clean this area out back here and 19 you're going to lose the natural screen there, which is 20 what the City has observed. And, I mean, this matter was 21 discussed at staff, City has not recommended the fence. 22 So we felt like it was an issue that Mr. Fudge has, and I 23 understand his concern, but I do not really see that it 24 demonstrates a problem that needs fixing And if it ain't 25 broke, why fix it. PLANNING AND ZONING DRAFT MAY 10, 2000 101 I MR. MCNEILL~ Thank you. 2 MR. ENGELBRECHT~ Mr. Rishel 3 MR. RISHEL~ Is Jerry Springer in the audience 4 somewhere? On the fence issue, I see several alternatives 5 that we might want to look at here. Number one would be 6 perhaps that fence would be some sort of a wrought iron 7 fence as opposed to something that would be a full 8 blockage like a wooden fence that would be six or 9 eight-foot high. So I see something that could still get 10 the green effect and the visual that might be there. And 11 my alternate to that would be is instead of running the 12 ~ence eastward, if we ran the fence westward toward Mack 13 Street to help the neighbors, that would be a much shorter 14 run of fence for you. It wouldn't be on your property but 15 that certainly might be a viable alternative to help the 16 neighbors and the neighborhood and leave that p1ece of 17 property as a stand-alone. So I have several things that 18 would work for me. I don't know about my other 19 Co~missioners but I think there's some alternatives here 20 we could look at. 21 MR. KELSEY= Could you hold that up where I 22 could take a look and see what you're talking about 23 because I'm really lost. 24 MR. RISHEL~ This is their property line 25 Bring the fence out toward Mack Road, Mack Drive. PLANNING AND ZONING DRAFT MAY 10, 2000 102 i MR. KELSEY= Right. I understand that. And I 2 ~nderstand -- there n~y even be a fence there. You'd have 3 to ask the Fudge's about that. I~ve looked at that but I 4 don~t remember a fence being there, but there may be one. 5 But if I understand Mr. and Mrs. Fudge correctly, they 6 think they own all of this area, and I don't know whether 7 they do or not, and they don't want that fenced. I don't 8 know. You'd have to ask them. But, yes, I think you 9 could fence that off. 10 MR. RISHEL~ I~m Just trying to think of 11 alternatives to an eight-foot wooden fence. 12 MR. KELSEY: I am, too. If I thought that I 13 -- if I had heard something that says, yes, there's a real 14 problem there, I would not mind addressing that. I just 15 really have not heard that. 16 MR. ENGELBRECHT: Any other questions? Is 17 there any sort of a worn path in that backyard? 18 MR. KELSEY: No. No, there's absolutely no 19 evidence anybody walks through there. No evidence at all. 20 MR. ENGELBRECHT: And I recognize that right 21 now there is no sidewalk and there isn't a great deal of 22 pedestrian traffic along McKinney Street. The other side 23 of it is I know there is going to be a sidewalk. Soon 24 there will be a sidewalk all the way from at least the 25 apartments to Woodrow Lane and end, now that I'm thinking PLANNING AND ZONING DRAFT MAY 10, 2000 103 i through this, there is an apartment complex next door. 2 What is the route from Lee Elementary School to the 3 apartment complex? Can anybody tell me? Does staff know? Is there any way to get to Lee Elementary other than to 5 come out to McKinney and go? 6 MR. KELSEY~ I don't think so but I~m not 7 sure. 8 MR. ENGELBRECHT~ I would argue with you that 9 you will have & path in the future 10 MR. KELSEY~ Well, if we do, we will be happy 11 to deal with that. Because we don't want, for safety 12 reasons, for liability reasons, for all kinds of reasons, 13 we do not want people going through there But it's even 14 going to be worse if they cut through there and then run 15 into & fence. Then they've got to come back out again. 16 MR. ENGELBRECHT= Well, usually they learn the 17 first time. I'm thinking the cut-through traffic of 18 students, of kids is what it will be. 19 MR. KELSEY= Right. 20 MR. ENGELBRECHT= I don't think too much 21 &dult, especi&lly with the school being up there. 22 MR. KELSEY~ And if I may conunent, I don~t see 23 element&fy kids breaking into people's houses. I lust 24 don~t think th&t~s going to happen. I think the worse 25 that's going to happen is they may decide to cut -- you're PLANNING AND ZONING DRAFT MAY 10, 2000 104 1 right. No question about that. 2 MR. WILLIAMS: I don't have a Job. 3 MR. KELSEY: Kids cut across. 4 MR. WILLIAMS: I'm a juvenile parole officer, 5 I don't have a Job. 6 MR. KELSEY: Oh, okay. Well, that takes care 7 of that. Kids will do that. But, you know, we can, and I 8 hate no trespassing signs and I hate that kind of thing, I 9 don't like that exclusionary defensive attitude that we 10 take, hut I can assure you that if we have a problem with 11 people cutting through the property, that we will do 12 something about that. 13 MR. ENGELBRECHT: Well, here's one of the 14 reasons I bring that up now is, again, we're dealing with 15 a PD and we have -- it's going to have to be on there. 16 What I'm thinking is is there's an optional that it could 17 be placed on here, and I want to ask staff if it could be 18 placed on here as an option, tylme to be specified. That 19 way it could be open. It wouldn't have to be brick. It 20 wouldn't have to be wood. It could be whatever seemed 21 appropriate at the time. But then there's the issue of 22 exactly where it would go and maybe that could be two or 23 three locations and something. I think Mr. Powell here is 24 getting ready to make some comment. 25 MR. KELSEY: All right. PLANNING AND ZONING DRAFT MAY 10, 2000 105 1 MR. POWELL: I was going to say I thxnk if you 2 give us clear direction as to what you ultimately would 3 like to see, we could work with the applicant to provide 4 that. But you would have to tell us with some certainty 5 that you do want a fence there or a fence to close off 6 their property from the residential property, something 7 that we could work towards. 8 MR. ENGELBRECHT: Okay. My question is is mt 9 possible to put it in as an item that is optional? That 10 it can go in. It doesn't have to go in. So that if there 11 is a cut-through problem, the applicant could put it in 12 without having to come back and change the PD and modify 13 the PD. 1% MR. SNYDER' I think that would be very 15 difficult to do because then it would leave -- if we leave 16 it up to somebody's discretion to determine what the 17 problem is, how would you define -- 18 MR. ENGELBRECHT: Well, the problem ms not -- 19 the issue is is that there's just an option for a fence 20 There's no discussion of when or how it's triggered It's 21 only triggered by the applicant if they want to put it in, 22 period. 23 MR. SNYDER: Then it's not a requirement then? 2% MR. ENGELBRECHT: No, ~t's not a requirement. 25 But that way it's already on the PD so that ~f they want PLANNING AND ZONING DRAFT MAY 10, 2000 106 i to do a fence in the future, they don~t have to modify the 2 PD to do so. That's my -- 3 MR. SNYDER~ All right. 4 MR. KELSEY~ I see. 5 MR. RISHEL~ I was going to totally concur. 6 MR. ENGELBRECHT= Mr. Rishel. 7 MR. RISHEL= Excuse me, if I have the floor. 8 MR. ENGELBRECHT~ You do now. 9 MR. RISHEL~ Because I think that your point 10 that you made about the school traffic that is pending 11 because of the opening of the apartment complex is very 12 appropriate, Chairman Engelbrecht. So I see requiring the 13 fence, myself, at this point And I think that the 14 original design that the neighbors have put forth, the 15 Fudges have put forth, might perhaps be the very best 16 design as opposed to the alternate that I put forth at one 17 point about going west on that because it does, in fact, 18 prevent that walk-through traffic. But I see the option 19 of either being a wooden fence with more permanent posts 20 of some sort or some sort of see-through tyl0e fence. But 21 I see the necessity for having that in protecting both the 22 neighborhood end the property and the potential traffic 23 that might come through there, unless we can devise some 24 sort of alternative from the apartment complex to Lee 25 Elementary School. PLANNING AND ZONING DRAFT MAY 10, 2000 107 i But to put it as an option to be triggered by 2 some other mechanism, I don~t know if I would like that for the neighbors and the neighborhood in trying to protect the walk-through zone that we have there. So I 5 appreciate you calling it to our attention the potentaal 6 traffic we're going to have in the future 7 MR. KELSEY. Is there a possibility that we 8 could allow staff to require it later? Just say, look, 9 we're going to have a four-foot chain-link fence Just like 10 the one -- I don~t know what the one over here as but 11 that's a larger fence. We have the chain-lank fence here 12 which is, I think, a standard chain-link fence It has 13 wisteria on it. It's a pretty attractive fence. You 14 know, if we could just say to staff, look, you get 15 complaints either from us or from anybody, we can put it 16 in. I Just -- I really don~t see the necessity for it 17 now. But I understand what Mr Rishel is saying, that it 18 could be once those things open up and the kids are 19 looking for a way across, it's the normal natural thing to 20 do. i did it when I was a kid. 21 MR. ENGELBRECHT~ Sure We'll check with 22 staff and staff can look at that a little bit. And, Mr. 23 Williams -- we have a couple of other questions. Mr. 24 Williams. 25 MR. WILLIAMS: Yeah I'm totally confused PLANNING AND ZONING DRAFT MAY 10, 2000 108 1 because when I look at options, that means that I may do 2 it and I may not and I don't think we can vote maybe. We 3 have to vote yes or no. So I'm having a problem with any 4 type of option. Either we say it's going to be a fence 5 there, we say it's not going to be a fence there, and then 6 we can vote our conscience because I would vote totally 7 against an option, because -- and in another way, I don't 8 know how I'm going to vote yet but I would vote totally 9 against an option because that's a maybe. 10 MR. ENGELBRECHT: Okay Mr. McNeill. 11 MR. MCNEiLL: I'm confused about the comment 12 about Lee Elementary School. Isn't there a fence going to 13 be all the way up and down the east side of this property 14 put in by the apartment complex? 15 MR. ENGELBRECHT: Precisely, so that the kids 16 will come out onto McKinney Street. And then instead of 17 walking to Mack and going up, there's a shortcut right 18 through here to Mack. There's a natural shortcut. 19 MR. MCNEILL: You're assuming they'll come 20 down McKinney. 21 MR. ENGELBRECHT: But the point is -- yeah, 22 because I was asking and at this point there's no other 23 access from that apartment complex other than to come down 24 McKinney and then go up Mack. 25 MR. MCNEILL: Thank you. PLANNING AND ZONING DRAFT MAY 10, 2000 109 i MR. ENGELBRECHT= Ms. Apple 2 MS. APPLE= To kind of switch gears here, I 3 want to go back to the list of permitted uses. 4 MR. KELSEY= Yes. 5 MS. APPLE= I appreciate your concessions on 6 these items and I'm in agreement on all those And all of 7 the ones you decided not to negate with the exception of 8 the primary or secondary schools and the business or trade 9 schools, because my chief concern, again, is the traffic 10 issue and those were one of my primary concerns were the 11 sohools. Are you adamant about having those included? 12 MR. KELSEY= I've cut and cut and bargained 13 and everything the staff has asked for, we have given 14 them. We have never resisted one thing from staff and I 15 know y~all are not staff. I cannot see to where, if this 16 were to turn into some kind of a teaching institution, 17 there are other things on this list that would generate 18 every hit as much traffic as that would, I thank. There's 19 only 3,800 square feet they can be in. They can't do much 20 of anything in there. I would not want it to be where if 21 somebody wanted to put in a private teaching facility, 22 they couldn't do it. 23 Now, I suppose there are teaching facilities 24 that could create a problem and ones that it might not A 25 realtor school, for example, you know, if you go to school PLANNING AND ZONING DRAFT MAY 10, 2000 110 i to be a realtor and somebody wanted to use this like as a 2 real estate office and teach a real estate school. 3 MS. APPLE~ But a private primary or secondary 4 school is first through six and middle school, that's not 5 going to be real estate school. 6 MR. KELSEY~ Well, I~m thinking about suppose 7 that somebody wants to do a private school there and teach 8 15 kids, you know, then they couldn't do that if you take that off, if I understand that correctly. And how much 10 traffic that would generate, I don't know. 11 MS. APPLEs Okay. So it's important to you to 12 include that? 13 MR. KELSEY: I thank -- I don~t know where to 14 quit is the problem and we~ve struck and we've struck and 15 we~ve struck and we~ve struck and I don~t -- the answer is 16 this is going to be a six-lane highway. If you want us to 17 say it will be a law office for five years, we'll be happy 18 to do that, if that's what you want us to say. It will 19 not be sold, it will not be doing anything but law office 20 for five years. I don't really lake that. I don't thank 21 thatts fair or appropriate, but that's all we plan on 22 using it for. But if we start eliminating everything, 23 then it damages our potential savings that we have 24 invested in that. So I do not want to gave that up, to be 25 honest with you. PLANNING AND ZONING DRAFT MAY 10, 2000 111 i MS. APPLEs Okay. And I appreciate your offer 2 to make sure it's a law office for five years but, as we 3 heard earlier, the State is not even going to put it out 4 for bid to go to four lanes until 2004 which is four 5 years. And if they're Just going to put it out for bid 6 then, in five years it's still going to be a two-lane 7 road. So that wouldn't help me 8 MR. KELSEY~ I understand. And the problem 9 that I have is that, theoretically, ~t~s the City and the 10 State,s responsibility to build adequate roads, not ours, 11 and we can't do anything about that. And it seems to me 12 that we're not going to generate much, that we would 13 generate more than that under SF-7 zoning. It's back to 14 the same issue. We,re not putting any greater burden, 15 that I can see. I mean, maybe there's an issue that I 16 don~t understand. If we can put 250 cars a day on there 17 on existing zoning, then why is it a zoning issue when 18 there would be even fewer if we added another 85. There's 19 still less than what could be put on present zoning. So I 20 understand the traffic issue but I don't think at really 21 impacts this property, and neither does staff They've 22 done the numbers. 23 MR EN~ELBRECHT~ We have another question. 24 Mr. Moreno. 25 MR. KELSEY~ Yes, sxr PLANNIN~ AND ZONIN~ DRAFT MAY 10, 2000 112 i MR. MORENO= Actually, my question is for 2 legal. In looking at this, I can't recall of a case where 3 we've ever asked a property owner to carve out a corner of 4 his property so that it wouldn't be used for anything else 5 other than what it's used today. I guess my question is 6 is there any legal effect to having a fence along that 7 property where the appearance is that it belongs to a 8 different neighborhood? Is that a problem at all? 9 MR. SNYDER: No. Keep in mmnd, this is a 10 Planned Development and think of the Planned Developments 11 we've had in the past on a larger scale. What we're 12 saying is -- what's being proposed is is that this corner 13 would be limited to single-family. 14 MR. MORENO~ Okay 15 MR. SNYDER: So it would be just like -- think 16 on a larger scale. You had a Planned Development and they 17 said this part of the property is going to be 18 single-family, I think that's what was asked for. And 19 then they're asking for screening between the 20 single-family use end the office use. So I think, you 21 know, it's legally permissible to do that under a Planned 22 Development. 23 MR. MORENO: All right. Thank you. 24 MR. ENGELBRECHT: Any other questions? Mr. 25 powell, did you have a comment? PLANNING AND ZONING DRAFT MAY 10, 2000 113 i MR. POWELL~ I think earlier you had the 2 question about what would happen ~f there was a condition 3 that at some time in the future something would happen that would force them to have to put a fence. That would 5 be problematic to enforce that. Then I think the question 6 would be what constitutes that event, how do we document 7 that? There's a lot of discretion in that and I think 8 that's what legal counsel had a problem w~th, trying to 9 place a condition that did that 10 MR. ENGELBRECHT~ R~ght. My question really, 11 and I used that simply to -- I didn't mean that that would 12 be a part, a condition. The only condition would be, as I 13 was suggesting, was that the fence, that at be put on there in an optional status so that if it became necessary 15 in the future, the owner could put at up without having to 16 go back and amend the PD. There wasn't any specific 17 condition that would be called into play. It would just 18 be optional. 19 MR. POWELL: Okay. 20 MR. SNYDER= Would that be considered a minor 21 amendment? 22 MR. POWELL= That's what I was thinking, too 23 MR. ENGELBRECHT~ Okay. That would be 24 something that could be handled by staff under a minor 25 amendment. PLANNING AND ZONING DRAFT MAY 10, 2000 114 i MR. POWELL~ Right. I guess the point is 2 t~ough that staff would not be responsible for saying that 3 there's now e need for e fence. 4 MR. ENGELBRECHT~ No, no. No, I never assumed 5 that the staff would be responsible to determine when a 6 fence went in if it was optional. Not at all. 7 MR. SNYDER. May I address one other legal 8 point? 9 MR. ENGELBRECHT= Yes. 10 MR. SNYDER~ The suggestion that we could 11 limit the law office use to five years, I don't think 12 legally we can do that. Zoning, by State law, runs with 13 the land. It's e permanent thing and at can't expire on 14 its own. If we're going to change the use, it has to he 15 done through the zoning process again 16 MR. KELSEY~ Mr. Engelbrecht, may I address 17 Mr. Moreno~s comment briefly? 18 MR. EN~ELBRECHT~ Sure. You bet 19 MR. KELSEY~ The problem with it is you're 20 assuming a trespass, and kids have cut across yards 21 forever to go everywhere. Are we going to ask every 22 homeowner that gets their yard cut across to build a 23 fence? And I Just -- again, that's what's bothering me 24 And I assure you that if it becomes a problem, if we end 25 up with a problem, end you may be absolutely right that it PLANNING AND ZONING DRAFT MAY 10, 2000 115 I may be a problem, we will solve that problem with fencing. 2 And we're perfectly willing to do that because we don't 3 want the problem any more than anybody else does. But I 4 Just -- you know, if we start telling people that cut 5 across somebody else's -- the owner of the property has to 6 fence out that corner so they can't walk across the 7 property ~oing to school, that's reaching. I don't know. 8 Maybe I'm Just reaching too far 9 MR. ENGELBRECHT: Well, I would like to make a 10 comment with regard to that. It is pretty standard 11 practice for our Planned Developments, particularly if 12 it's anything other than residential, to ask for a buffer 13 between it and the residential. And if it's not a hedge, 14 a vegetated buffer, it's usually a fence buffer. So 15 that's not an unusual -- 16 MR. KELSEY: Okay. I Just didn't know. 17 MR. ENGELBRECHT: Yeah, that's not an unusual 18 request. Any other questions for the petitioner? Any 19 other final comments? 20 MR. KELSEY: No. And thank you very much for 21 your attention. I know this has not been an easy case and 22 we'll be happy to respond to any questions you-all might 23 have. 24 MR. ENGELBRECHT: Thank you. 25 MR. KELSEY: Thank you very much. PLANNING AND ZONING DRAFT MAY 10, 2000 116 i MR. ENGELBRECHT~ The public hearing is 2 closed. Ms. Vista, any final staff remarks? I might 3 extend that to Mr. Powell and Mr. Snyder, as well, being that they"ve been discussing this one pretty regularly 5 here. 6 MS. VIERA~ Commissioner, I don~t have any 7 other remarks. As I said before, staff recommends 8 approval with the conditions that I stated before. I will 9 repeat it to you so it will be part of the minutes. The 10 conditions will be the permitted land uses will be 11 restricted to those described in the list attached to the 12 ordinance and incorporated herein by reference as Exhibit 13 B. I understand there will be the new list Mr. Kelsey 14 ca/ne up with. 15 The second condition would be the signage 16 shall be similar to the example attached to the ordinance 17 and referenced as Exhibit C. And the third will be 18 lighting shall be designed and maintained so as not to 19 shine on or to otherwise disturb surrounding residential 20 property or to shine and project upward to prevent 21 diffusion into the night sky. 22 MR. SNYDER= Mr. Chairman, I had another 23 condition that Mr. Powell and I discussed. 24 MR. POWELL= I apologize. I think, not that 25 it's been discussed or agreed upon, but the ~ssue of the PLANNING AND ZONING DRAFT MAY 10, 2000 117 I sign, whether or not you wanted to allow that. 2 MR. ENGELBRECHT~ Is that the one you wanted 3 to address? 4 MR. SNYDER~ No. 5 MR. ENGELBRECHT~ Okay. Let's take the sign 6 first and then we~ll go to the other one. 7 MS. VIERA~ Okay. I will say that the other 8 condition will be we'll allow the applicant to move the 9 sign, I will say to the front side of the lot 10 MR. ENGELBRECHT= Is it possible to simply say 11 anywhere within that rectangle, as you have it defined? 12 MS. VIERA~ Yes. 13 MR. ENGELBRECHT~ And we forgot to ask the 14 petitioner when you were up here, was that satisfactory, 15 that rectangle that they were showing? 16 MR. KELSEY~ Yes. 17 MR. ENGELBRECHT: Okay And that concludes 18 your conditions? 19 MS. VIERA~ Yes. 20 MR. ENGELBRECHT~ All right And Mr Snyder 21 WaS talking about another condition. 22 MR. SNYDER~ Yeah One of the things that was 23 inadvertently left out of the proposed ordinance, we need 24 ~o make another condition that the subject property may 25 only be developed in accordance with the approved detailed PLANNINg AND ZONINg DRAFT MAY 10, 2000 118 i plan, which will be attached to the ordinance 2 MR. ENGELBRECHT] Because it's not 3 specifically in the ordinance. 4 MR. SNYDER~ We didn't -- we inadvertently 5 left it out. And also one other item, that the plan that 6 was submitted be labeled detailed plan because currently 7 it Just says plan. 8 MR. ENGELBRECHT: Okay. And do you have 9 another one, Mr. Powell? Okay. Then we do have some 10 questions, Ms. Viers. I assume they're for staff. Ms. 11 Gourdie. 12 MS. GOURDIE: Thank you I do need to know 13 for the Fudge's information, is we need to find out if 14 this is a public or a private driveway easement for them. 15 And I would also like to ask if they have any recourse 16 because if this is a private easement on their property, 17 if they can have that removed and build their own fence is 18 what I'm wondering. If they're concerned about having 19 their property as their property and this is a granted 20 access, and it says on here private driveway easement so, 21 to me, that doesn't really -- I don't know what that means 22 legally. 23 MR. SNYDER= May I respond to that? 24 MS GOURDIE: Sure 25 MR. SNYDER: Without dolng a title search, you PLANNING AND ZONING DRAFT MAY 10, 2000 119 I can tell based on the drawing It looks like that house 2 is currently using it for access, the house th&t~s on the 3 Kelsey property. So more than likely, there is some type 4 of access easement there to the property So it might be 5 problematic for the neighbors to put a fence across that. 6 MS. GOURDIE~ Well, actually I'm Just trying 7 to find a way for them to be able to fence off their yard. 8 I don~t know if they're using that as their own driveway 9 because it also says that there's a private driveway 10 easement coming off of Mack which I believe would be their 11 driveway, a long straight narrow road, and then that 12 connects into this private driveway easement which is the 13 loop. And I guess if that's their property line and 14 they're granting easement to the use of this other 15 property which is on the Mack property, and they say that 16 this land that this property is on, the little corner, no 17 one knows who that belongs to. I think there's some 18 interesting problems happening here that needs to be 19 researched and needs to be taken into consideration. 20 MS. VIERA~ I will say that the platting 21 process, we will actually shed that. This is the zoning 22 case, the platting process and other processes that they 23 have to go by before they actually develop something in 24 here. 25 MS. GOURDIE: Well, okay. I lust would lika PLANNING AND ZONING DRAFT MAY 10, 2000 120 i to make sure that if this is private and they are granting 2 it to them, I'm Just wondering -- I would like to see that 3 if they have the right to remove it so they can fence it 4 it, I would like to know if they have that opportunity or 5 option. I don~t know, if this is set as it ~s, PD-wise, I 6 don't want to have to see them forced ~n going into the 7 process of zoning and replatting and stuff to have that 8 easement removed, which they probable would. But I'm just 9 trying to offer them -- 10 MS. VIERA~ Yeah, sure. 11 MS. GOURDIE~ Okay. Thank you. 12 MR. ENGELBRECHT= Mr. Williams. 13 MR. WILLIAMS~ Yes. When you were giving your 14 presentation, I understood about the proposed recreation 15 area. And if my memory serves my correctly, the rock 16 wall, did you say that was proposed also? 17 MS. VIE~A= No, it is an existing rock wall. 18 MR. WILLIAMS= Okay. Thank you. 19 MR. ENGELBRECHT= Any other questions for 20 staff? Thank you, Ms. Viera. Are there any conunents or a 21 motion? Mr. Rishel. 22 MR. RISHEL= I~ll try that if someone would 23 help me on this. I move to recommend the approval of 24 Z-00-005 with the following conditions= the permitted 25 land use be restricted to those described in the list PLANNING AND ZONING DRAFT MAY 10, 2000 121 i attached to the draft ordinance. Do I need to go through 2 those? 3 MR. ENGELBRECHT~ Do you want to say as 4 amended by the petitioner during the -- 5 MR. WILLIAMS: I would like for you to spell 6 them out for me. 7 MR. RISHEL: I would be happy to do that. I 8 think I have them a11. As I look at Exhibit B, permitted 9 uses which have been struck; dormitory, boarding and 10 rooming house; the first part of college or university, 11 but not private school; community center, public; 12 hospital, general; hospital, acute -- chronic, excuse me; 13 the first part of nursing home, but not residential home 14 for aged; school, public; country club; and animal clznic. 15 I think everything on the second part of that next page is 16 all specific use items. 17 The second part of that recommendation would 18 be signage shall be similar to the example attached by the 19 draft ordinance and referred as Exhibit C and will be in a 20 perimeter as indicated on the detailed plan as specified 21 in our meeting this evening; and lighting shall be 22 designed and maintained so as not to shine on or otherwise 23 disturb surrounding residential property or shine and 24 project upward to prevent diffusion into the night sky. 25 And a fourth amendment would be that they shall be PLANNING AND ZONING DRAFT MAY 10, 2000 122 i required to have fencing around the residential property 2 that accesses Mack Park, be that a solid fencing of some 3 sort, some sort of an ornamental iron fence~ and that the 4 attached detailed -- that this plan attached would be the 5 approved detailed plan as submitted and the word detailed 6 plan should be a part of that 7 MR. ENGELBRECHT~ One more. Mr. Snyder had 8 one more. 9 MR. SNYDER~ I think he hit it 10 MR. ENGELBRECHT= Did he read th~s one? 11 MR. SNYDER= Yeah, he said at. He didn't say 12 it exactly the same as I had at but that all development 13 would be in accordance -- 14 MR. RISHEL~ The plan submitted would be, yes. 15 That's what I had intended, yes. 16 MR. ENGELBRECHT~ All r~ght Very good 17 MS. APPLE~ I~ll second that with just the 18 oorrection that he meant Mack Drive ~nstead of Mack Park. 19 MR. RISHEL~ Thank you. 20 MR. MCNEILL~ Are we ready for any questions? 21 MR. ENGELBRECHT~ Yes, Mr. McNeill. 22 MR. MCNEILL~ Mr. Rishel, you left -- did we 23 &1so strike public play field or stadium? Was that 24 struck? 25 MR. RISHEL= I didn't have it struck on mine. PLANNING AND ZONING DRAFT MAY 10, 2000 123 i If you would like to strike it -- 2 MR. MCNEILL~ No, I didn't want to strike it 3 but I just thought that was one that somebody struck. 4 MS. APPLE~ That's because he had struck it 5 accidentally 6 M~. MCNEILL= Okay. All right. Thank you. 7 M~. RISHEL~ I would accept that as a friendly 8 motion to strike public play field or stadium. And if I 9 need to include the £ull striking of school, public or 10 denominational, that would be fine within that friendly 11 motion if that's okay with my second. 12 MS. APPLE= And I~ll still second all those 13 friendly amendments. 14 MR. ENGELBRECHT~ All right. So we have a 15 motion to approve and a second with conditions. Mr. 16 Williams, do you have a coment? 17 MR. WILLIAMS= Yes I don~t know whether I'm 18 out of order or not since -- but I would like to offer a 19 friendly amendment along with nursing home, residential 20 home for aged because I'm thinking about traffic, because 21 I have an aunt who drives -- it's almost like an apartment 22 when you have a resident home for aged because that means 23 those people are ambulatory. So I~m concerned about the 24 traffic there with that because those people usually have 25 cars and go about their own business So I~m offering PLANNING AND ZONING DRAFT MAY 10, 2000 124 i that as a friendly amendment, if that's all right with Mr 2 Rishel and Ms. Apple. 3 MR. ENGELBRECHT~ I~d like to co~ent on that 4 MR. RISHEL: Please. 5 MR. ENGELBRECHT: I know that we have a number 6 of nursing homes and residences for the aged backed up to 7 single-family all over the City, some extremely large. I 8 can think of Good Sam on Hinkle. And across the street 9 from that, by the way, is a residence home for the aged, 10 Sterling House. There is one of those over on Bernard, 11 North Bernard up against some single-family, although that 12 area seems to be changing and I don't think it's a 13 problem. I was surprised that we struck nursing home, 14 that the applicant even agreed to it Those don't tend to 15 generate a great deal of traffic and we have them an many 16 neighborhoods. And this will be facing a four-lane or 17 six-lane street. 18 MR. WILLIAMS: My concern was traffic. It had 19 nothing to do with compatibility of the neighborhood And 20 we're talking about a six-lane street, I will probably be 21 dead if it's going to be three years before we get four 22 lanes. 23 MR. RISHEL. My personal feeling Ks I'd rather 24 not strike that. I'd rather leave that open with the idea 25 that I think that this street is going to be improved PLANNING AND ZONING DRAFT MAY 10, 2000 125 I subst&ntially very shortly and I think that their feeling 2 that they'll be there at least five years, although it's 3 not a part of our motion or anything, is strong enough for 4 me. So if you don't mind, I~d lmke to leave that in 5 there. I appreciate the thought. 6 MR. ENGELBRECHT: Ms. Apple. No comment? 7 MS. APPLE: No. 8 MR. ENGELBRECHT: Any other comment? Mr. 9 Moreno. 10 MR. MORENO: Yes I guess I have a procedural 11 question. Is it possible to vote for the motion but 12 against the fence requirement? Because I'm having a hard 13 time asking the property owner to effectmvely, in my mmnd, 14 carve out a corner of his property. And I understand what 15 legal has said about the ebilmty to do that under a PD and 16 that type of thing, but I'm just having a difficulty 17 coming to grips with that. 18 MR. RISHEL: Can I try to field that? 19 MR. MORENO: Please. 20 MR. RISHEL: I appreciate what we're doing 21 here and if this was a situatxon where, like any buffer 22 that we try to create where we're required by ordinance to 23 buffer residential from commercmal development, I think 24 that would be very standard mn this partmcular case. As a 25 PD, Just part of that PD happens to be residential and PLANNING AND ZONING DRAFT MAY 10, 2000 126 i we're only putting the fence to block off the residential 2 like we would in our standard ordinance from the 3 commercial part or the special use part of this particular 4 situation. And I don't see that to really be any 5 different than what we would normally do on any type of 6 commercial application that we have, particularly when we 7 have a PD involved. 8 MR. MORENO: If I may ask, what were the 9 specifications of the fence that you were describing? 10 MR. RISHEL: Pretty loose. I think it was 11 basically a Bob Powe11 fence 12 MS. APPLEs On steel posts. 13 MR. RISHEL: At least on steel posts. 14 MR. ENGELBRECHT: I think you did say it could 15 be open or closed and basically of any materials. 16 MR. RISHEL: I saw that And maybe a six-foot 17 height requirement. I heard someone talk about four-foot 18 and I don't think that's adequate for residential 19 protection. 20 MR. ENGELBRECHT: And we typically do require 21 between residential and conunercial buffers and frequently 22 that buffer is a brick, at least six and sometimes 23 eight-foot. 24 MR. RISHEL: Yes, sir 25 MR. ENGELBRECHT~ So this is not unusual, I PLANNING AND ZONING DRAFT MAY 10, 2000 127 I don~t think. Any other comment? If not, we have a motion 2 to approve with conditions. Vote, please Motion carries 3 six to one. 4 (COMMISSIONER MORENO VOTING IN OPPOSITION}. 5 MR. ENGELBRECHT= And do you want to take ten 6 minutes or move onto the next case? Ten minutes. Ail 7 right. We'll take a ten-minute break. 8 (BREAK TAKEN) 9 MR. ENGELBRECHT: Okay At this time, we will 10 move on in our public hearings to Agenda Item No. 6, 11 which is to hold a public hearing and consider making a 12 recommendation to the City Council regarding a detailed 13 plan for approximately 0.08 acres an the Planned 14 Development 172 zoning district. The property as located 15 on the south end of the corner of Nowlin Road and Nowlin 16 Road. An equzpment building for a cellular telephone 17 ~ower is proposed. At this time, I'll open the public 18 hearing and ask Mr. Gray from the Planning Department to 19 provide us with the staff report and recommendation. Sir. 20 MR. ~RAY~ Thank you, Mr. Chairman Just 21 briefly if I could have the document camera up. This is a 22 -- the site is a 3,600 square feet tower site here at the 23 bend in Nowlin Road. I did bring some pictures of it Just 24 to let you see. It is -- the tower on the property is 25 existing. The tower was built when the property was still PLANNING AND ZONING DRAFT MAY 10, 2000 128 ATTACHMENT 3 ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM SF-7 ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT (PD-185) WITH CONDITIONS ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 3 8 ACRES OF LAND LOCATED AT 2225 EAST MCKINNEY STREET, PROVIDING A DETAILED PLAN ENCOMPASSING APPROXIMATELY 3 8 ACRES, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE (Z-00-005) WHEREAS, John Kelsey lmtiated a change in zoning for 3 816 acres of land from SF-7 zomng district classification and use designation to Planned Development (PD) with conditions zoning (fistnct classification and use designation, and WHEREAS, on May 10, 2000, the Planning and Zoning Commission concluded a public heanng as required by law, after which a motion to recommend approval of the requested change In zoning, and WHEREAS, the City Council finds that the change In zomng is consistent with the Comprehensive Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The zoning district classification and use designation of the 3 816 acre property described m the legal description attached hereto and Incorporated herein as Exhibit A is changed from SF-7 zoning dlslnct classification and use desIgnatmn Planned Dvelopment (PD-185) zomng district classification and use demgnatton under the comprehensive zomng or(finance of the City of Denton, Texas, subJect to the following conditions 1 The permitted land uses are restricted to those described In the hst attached hereto and incorporated herein by reference as Exhibit B, some of which require a specific use permit as shown on Exhibit B 2 Architectural standards include the following (a) Lighting shall be designed and mmntmned so as not to shine on or otherwise disturb surrounding residential property or to shine and project upward to prevent diffusion Into the night ski (b) six-foot fencing reinforced by steel posts shall be provided along the northwest comer of the property (c) Slgnage shall be similar to the example attached hereto and incorporated herein by Page i reference as Exinblt C and may be located anywhere w~thm the pubhc utthty and s~dewalk easement subject to the apphcant &scret~on 3 The detmled plan attached hereto and incorporated herein as Exhibit "D" ~s hereby approved The subject property may only be developed ~n accordance w~th smd detailed plan SECTION 2 The Clty's official zomng map 15 amended to show the change ~n zomng &strict classification SECTION 3 If any prows~on of this ordinance or the apphcat~on thereof to any person or mrcumstance ~s held mvahd by any court, such mvaltd~ty shall not affect the vahd~ty of other provlmons or apphcat~ons, and to th~s end the prows~ons of tins ordxnance are severable SECTION 4 Any person wolat~ng any prowston of tins orchnance shall, upon conwct~on, be fined a sum not exceeding $2,000 00 Each day that a prowston ofttus orthnance ~s wolated shall consntute a separate and distract offense SECTION $ That th~s orchnance shall become effective fourteen (14) days from the date of ~ts passage, and the C~ty Secretary ~s hereby (hrected to cause the caption of tins ordinance to be pubhshed twice ~n the Denton Record-Chromcle, a dmly newspaper pubhshed xn the C~ty of Denton, Texas, wat~nn ten (10) days of the date of~ts passage PASSED AND APPROVED fins the day of ., 2000 JACK MILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 EXHIBIT A All that certmn 3 820 acre tract or parcel of land s~tuated ~n the T M Dowmng Survey, Abstract 346, C~ty of Denton, Denton County, Texas, smd tract being part of lands conveyed to Warren B Mack and wale, Pauhne Beary Mack by Deed dated October 10, 1951 and recorded m Volume 374, Page 256, Deed Records of Denton County, Texas, said tract beang further described here~n by metes and bounds as follows BEGINNING for the Southwest comer ofth~s tract at a steel rod found at the mtersecuon of the East line of Mack Place, as shown by instrument recorded xn Volume 383, Page 131 of the Deed Records of Denton County, Texas, w~th the Northerly nght of way line of F M No 426 (East McKtnney Street), THENCE North 0 degrees 56 minutes West, along said Eastern right of way line of Mack Place, a d~stanee of 415 0 feet, THENCE South 88 degrees 51 m~nutes East, 400 0 feet to a steel rod set, THENCE South 0 degrees 56 m~nutes East, 424 1 feet to a point m aforementioned Northerly right of way hne off M Road No 426, a steel rod found, THENCE Westerly along smd Northerly right of way hne ofF M Road No 426 as follows, Westerly along smd curve to the left, winch has a radius of 1478 9 feet, a distance of 165 09 feet to the end of smd curve, North 88 degrees 51 m~nutes West, 235 6 feet to the Place of B egmmng Exhibit B Land uses shall be llmtted to the following a PERMITTED USES One Family Dwelhng Detached One Family Dwelling Restricted Community Unit Development Art Gallery or Museum Private School Church or Rectory Day Nursery or Kindergarten School Institution of Rehglous or Philanthropic Nature Public Library Monastery or Convent Residence Home for Aged Occasmnal Sales Park, Playground or Public Commumty Center School, Private Primary or Secondary School, Business or Trade Accessory Building Commumty Center (Private) Temporary F~eld or Constmctmn Office (Subject to Approval and Control by Bmldlng Inspector) Home Occupation Off-Street Parhng Incidental to Main Use Off-Street Remote Parkang Private Swanmmg Pool Telephone, Business Office Telephone Line & Exchange Sw~tctung or Relay Station Public Park or Playground Public Play Field or Stadium Swim or Tenms Club Offices, Professional and Adm~mstratlve Studio for Photographer, Musician, Artist or Health b PERMITTED USES WITH APPROVED SPECIFIC USE PERMIT Fraternity, Sorority, Lodge or C~vlc Center Public Bmlchng, Shop, Yard of Local, State or Federal Government Radio and/or Television Microwave Tower Commercial Parking Lot or Structure Cafeteria Mortuary or Funeral Parlor Restaurant SmentlfiC or Research Laboratories EXHIBIT C SIGNAGE Example of style desired by owner Descrlphon of the proposed s~gn · Two s~ded s~gn · W~dth 7 feet · Height 6 feet Logo of the proposed s~gn Kel ey elsey_ EXHIBIT D o lh.llltlll.l.,.lt ATTACHMENT 4 The Planmng and Zoning Commmslon ehmmated the following penmtted uses from The Common Detmled Plan (Z-00-005) 1 Donmtory, Boarding or Rooming House 2 College or Unlvers~ty 3 Commumty Center (Pubhc) 4 Hospxtal (General Acute Care) 5 Hospital (Chrome Care) 6 Nursing Home 7 School, Pubhc or Denominational 8 Country Club (Private) with Golf Course 9 Pubhc Play F~eld or Stadmm 10 Ammal Chmc or Hospital (no outrode runs and pens) AGENDA INFORMATION SHEET AGENDA DATE. June 6, 2000 DEPARTMENT: Planmng Department CM/DCM/ACM: Dave H~ll 345-8314 J~ ,~ SUBJECT - SI-00-09 (Amend the Exptratton Dates of Preltmtnary Plat and General Development Plans) Hold a pubhe heanng and ¢onsxder approwng an ordinance amending Chapter 34, Subd~ws~on and Land Development Regulations of the Code of Ordinances, to amend the expiration date of Prehmmax~ Plats and General Development Plans The Planning and Zomng Comm~ssmn recommends approval (5-0) BACKGROUND Staff m~tiated th~s case to rewse Denton's subd~ws~on regulations to be consistent w~th the vested rights statute PRIOR ACTION/REVIEW N/A ESTIMATED PROJECT SCHEDULE N/A FISCAL, INFORMATION N/A P&Z SUGGESTED RECOMMENDATION The Planmng and Zomng Comm~as~on recommends approval (5-0) of th~s amendment to Chapter 34, Subdlwsmn and Land l~egulat~ons of the Code of Orthnances OPTION~ 1 Approve as submitted 2 Approve w~th changes C ~4y Documents~PROJECTS\SI Cases\SI 00 09 SOA 2 year expiration on PP & GDP doc ATTACHMENTS 1 Planmng and Zonm§ Commlssmn Report, May 24, 2000, (SI-00-09) 2 Planning and Zomng Comm~ssmn M~nutes from May 24, 2000 (Not avadable at t~me) 3 Draft Ordinance R[~spect fully submitted D~uglas 5[ Poweli, AIC~ D~rector of Planmng and Development Prepared by C \My Documents~PROJECTS~SI Cases\SI 00 09 SOA 2 year expiration on PP & GDP doc 2. Agenda No. PLANNING AND ZONING COMMISSION Date ~'- STAFF REPORT Sublect. Amend the Expirabon Dates of Prehmma~ Case Number S1-00-09 Plats and General Development Plans Staff' Marcy Ratcliff, Development Review Manager A=enda Date May 24, 2000 Hold a pubhc lheanng and conmder making a recommendation to the C~ty Council concermng amendments to Chapter 34, Subdtv~s~on and Land Regulations of the Code of Ordinances relat,ve to the expiration dates of prehm~na~ plats and general development plans The ~ntent~on ~s to reduce the current expiration date of 60 months to 24 months to be consmtent w~th the vested rights statute The ~tem was brought before the Planning and Zomng Commms~on on May 10, 2000, but Staff requested the item be pulled so that additional adve~mng could be made to ~nclude expiration dates for general development plans Not~ce of the request was pubhshed ,n the Denton Record-Chmnmle on Saturday, May 13, 2000 Staff recommends approval of SI-00-09 1 Recommend approval as subm~ffed 2 Recommend approvalw~th changes 3 Recommend dental I 1 Draft Ordinance ~DMC IS~VOLI~SHARED~DEP~P~N~La~'s StuffiSI 00 0~40 Expiration of PP GDP PZ ~24 doc ENCLOSURE 1 ORDINANCE NO AN ORDINANCE AMENDING SECTIONS 34-14 AND 34-17 OF CHAPTER 34 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON TO SHORTEN THE EXPIRATION DATE FOP, PRELIMINARY PLATS AND TO PROVIDE AN EXPIRATION DATE FOR GENERAL DEVELOPIVIENT PLANS, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, with the enactment of Tex Loc Gov't Code Ch 245 it is advisable for the City to provide and to shorten to the extent possible expiration dates on various permits, and WHEREAS, the City Council deems it m the public interest to shorten the expiration date on prehmmary plats and to provide for an expiration date for general development plans, NOW, THEREFOR.E, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I Subsection (d) of Section 34-17 "Procedure for approval" of the Code of Ordinances of the City of Denton, Texas is hereby amended to read as follows Sec. 34-17. Procedure for approval. (d) Exptratton ofprehmmary plat Except for preliminary plats filed prior to the effective date of flus amendatory ordinance, a prehrmnary plat shall become null and void within twenty-four (24) months after its approval, unless a final plat is filed and approved for all or part of the prelirmnary plat within that time Such approved final plat shall extend the expiration date for the remalmng portion of the original prehrmnary plat for a period of SlX (6) months after the date of approval of the final plat Approval of a subsequent final plat within such period shall extend the expiration date for the portton of the original preliminary plat for wtuch no final plats have been approved for an additional six (6) months from the date of approval of such final plat Each extension period for the explratnon of the original preliminary plat runs from the date of the latest final plat approval Extension periods are not cumulative If a final plat is not filed and approved during the extension period, the original preliminary plat, together with any unapproved final plat apphcatlons or expired final plats, lapse SECTION 2 Section 34-14 "General development plan" of the Code of Ordinances of the City of Denton, Texas is hereby amended to add a subsection (e) to read as follows See 34-14 General development plan. (e) Expzranon of general developrnentplans Except for general development plans filed prior to the effective date of ttus amendatory ordinance, a general development plan shall become null and void wlttun twenty-four (24) months after 1ts approval, unless a final plat or prehmmary plat is filed and approved for all or part of the general development plan within that Urne Such approved final plat or prehmlnary plat shall extend the expiration date for the remaining pomon of the ongmal general development plan for a period of six (6) months after the date of approval of the final plat or prehmmary plat Approval of a subsequent final plat or prehmxnary plat wlttun such period shall extend the explratxon date for the portion of the original general development plan for wbach no £mal plats or prehmmary plats have been approved for an additional s~x (6) months from the date of approval of such final plat or prehmmary plat Each extension period for the expxratlon of the original general development plan runs from the date of the latest final plat or prehmmary plat approval Extension periods are not cumulatxve If a final plat or prehmmary plat la not filed and approved dunng the extension period, the original general development plan, together with any unapproved final and prehm~nary plat appheat~ons or exp:red final plats and prehmmary plats, lapse ~ If any section, subsection, paragraph, sentence, clause, phrase, or word ~n th~s ordmance, or apphcatxon thereof to any person or cxrcumstance ~s held mvahd by any court of competent juns&ctmn, such holding shall not affect the vahchty of the remmmng portions of tins ordinance, and the City Council of the C~ty of Denton, Texas hereby declares ~t would have enacted such remmnmg porttons despxte any such validity ~ Save and except as amended hereby, all the sections, subsections, sentences, clauses, and phrases of Chapter 34 of the Code of Ordinances of the City of Denton shall remain in full force and effect ~ That this ordinance shall become effective ~mmedmtely upon ~ts passage and approval PASSED AND APPROVED tins the __ day of ,2000 EIYLINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM 5 F ~HARED\DEPT~L(3L\Our Documents\Ordmanecs\00\prehn'unary plat and gdp expirations doc AGENDA INFORMATION SHEET ag a ~m_ ~ ,,~ ~ AGENDA DATE: June 6, 2000 DEPARTMENT: Planmng Department . /~ CM/DCM/ACM: David Hill, 349-8314 SUBJECT - SP-00-003 (Southndge Exxon) Consider and take action on a Non-residential Project Plan request for a 0 61 acre property at the southeast comer of Teasley Lane (FM 2181) and Interstate 35E A gas station/convenience store is proposed BACKGROUND The applicant is reconstructing a gas station/convenience store on an existing 0 61 acre site at the southeast 9omer of Teasley and 1-35E (see Attachment l) The structure that currently exists on th~s site is proposed to be demohshed and replaced with a new 3,570 square foot store (see Attachment 2) Redevelopment of the site will be subject to the reqmrements of the interim regulatlor~s for nonres~dential development (Ordinance No 2000-069) As such, a Project Plan is required tO be submitted for review and approval by City Council ~ The subject property is located in a General Retail (GR) zonang district created in 1969 ~ The p~oposed development is located within an Ex~stlng Nelghborhoods/Infill Compatlblhty area of the 1999 Denton Comprehensive Plan Staff finds this development and its desagn to be eonsastent with the Comprehensive Plan ~ The apphcant submitted an Alternative Landscape Plan (ALP) for this development under separate petition The ALP was approved on May 16, 2000 by Ordinance No 2000-182 The approved ALP is incorporated into this Project Plan PROJECT PLAN ANALYSIS All of the technical reqmrements of a project plan are addressed on the ProJect Plan for Southndge Exxon (see Attachment 3), the plan meets all City Codes, and staff finds that the proposed ~ development will greatly improve the appearance of a property that is currently an eyesore One area of concern has to do with slgnage on the property The applicant is proposing to eliminate one of the three pole signs currently located on the property (see Attachment 2) Council may wish to require that one of the two remaining signs be a monument sign, as opposed to a pole ~lgn ESTIMATED PROJECT SCHEDULE This property is not platted and needs to be platted before any development can occur A preliminary plat has been submitted to DRC for review RECOMMENDATION Staff recommends approval of SP-00~003 OPTIONS 1 Approve as submitted Approve w~th cond~tmns 3 Deny 4 Postpone consideration $ Table ltc~n ATTACHMENTS 1 Location Map 2 S~te Plans and Elevatmn Drawings 3 Interim Nonres~dentlal Orrhnance - ProJect Plan Standards 4 Draft Resolution Respectfully submitted D°u~las S ~owell, AICP' D~rector of Planmng and Development Prepared by 2 ATTACHMENT 1 ~ NORTH SP-00-003 (Southridge Exxon) LOCATION MAP Agenda Date June 6, 2000 Scale None 3 ATTACHMENT 2 4 ATTACHMENT 3 SECTION D. ~pI~O~ECT PLANS 1. Protect Plan Reouirements. Every nonresidential development application identified m Section A 2 b and which is not exempt under Section A.3 shall be accompanied by a project plan In addition, every development application identified m Section A 2 a winch deferred satisfaction of project plan requirements at the tune of approval of the zoning plan must receive project plan approval prior to or contemporaneous with budding penmt approval The project plan shall be the basis for the City Council's decision whether to approve, approve with conditions or deny the nonresidential development application, based upon the standards set forth m this section, provided that all other standards applicable to the nonresidential development application have been met If the development application already contains the mforrnatlon and documents set forth in this section, then such application may be treated as a project plan and shall be evaluated under the standards in this section If a Zoning Plan contains several parcels that the property owner intends to develop m a sumlar manner with smular design characteristics, Council shall review and approve the first Project Plan, and may, specify the conditions under which subsequent Project Plan approvals may be approved by the Director of Pl..-,.g & Development If the application is approved or approved with conditions, the project plan shall be incorporated as a part of the approval. Any Project Plan shall be valid for twenty-fonr (24) months from the date of its approval If no construction begins pursuant to a building permit with!, the twenty-four (24) months, the Project Plan shall automatically expire and no longer be valid A project plan shall contain the following a All of the reformation contained m a zoning plan. winch vail be for reformational purposes only b Street names and locations of all emstmg and proposed streets w~thm or on the boundary of the proposed development, right-of-way, pavement widths, sidewalks, and bikeways c Lot layout with dimensions for all lot lines and lot area d Location and use of all proposed and existing buildings, driveways, fences and structures within the proposed development Indicate winch bmldmgr are to remain and which are to be removed e. Area calculations (1) The total area in the development (2) The gross floor area of all existing and proposed stmcures (3) Area and percentage of the total project area coverage by 1 Structures ii Streets, roads, and alleys m Sidewalks iv. Recreation areas v Landscaping w The total area covered by tree canopy at niatunty of the trees vii Parlang areas Location and size of all existing and proposed public uhhties m and adjacent to the proposed developnient v~th the locations shown of (1) Water lines and diameters (2) Sewers, manholes and cleanouts (3) Storm drains and catch basnis (4) Fire hydrants (5) Access, location, and scrcemng of all dumpsters (5) Location and size of all public utility easements Location, size, and use of contemplated and exishng public areas witlun the proposed development A topographic map of the site at a two-foot contour interval Location of all parking areas and all parlang spaces, nigress and egress on the site, and on-site circulation Use designations for all areas not covered by buildings, parking, or landscapnig All infonnahon necessary to demonstrate compliance vath the terms and/or conditions of Zoning Plan approval in relahon to Environmentally Sensitive Areas A landscape plan showing in detail the location, type, and size of the proposed landscaping and plantings, and all calculahons necessary to indicate coniphance with Chapter 31 of the Code of Orchnances The elevations, surface area ni sq fl, llluminat~on type, height, and construchon (niaterial and style), and locat~ons of all proposed signs for the developnient Architectural information as required by tlus section for all structures proposed within the Project Plan area All Project Plans shall indicate the material, windows, doors, and other design features of proposed structures, nicludlng all visible niechamcal equipment, such as for heating and cooling Elevation drawings niay be provided, and shall be subnutted drawn to scale of one (1) nich equals ten (10) feet or greater Text descriptions shall include performance standards that will apply to Project Plan structures as necessary to indicate compliance vath the Project Plan standards Any other information deemed necessary to analyze the pro.]oct 2. Protect Plan Standards. a. Minimum Proiect Plan Standards The following niunnium standards of project design shall be addressed m the project plan ( 1 ) Under,round Utihties - All developnients must prowde for underground utility nistallatlon, excepting electrical niani sub-statwn feeders (2) ~1I~1~ - Where applicable, all streets must connect to other streets at both ends, or provide for the future connection when adjacent to undeveloped property . (3) ~- The nonresidential project shall employ an architectural design that is compatible with the physical dunensions and features of the subject property and with adjacent land uses, based on the following factors. (a) All buildings and structures comprising the project should have an integrated design, (b) Buildings generally shall be oriented toward the street, and major entranceways should face the street,, (c) Building scale, including the height and bulk of structures, should be internally consistent and should be smular to the scale of adjacent nonresidential structures, if any, (d) Mechanical equipment and storage areas shall be screened from the street and from adjacent residential land, (e) Facades should incorporate windows, jogs, offsets or shnilar features to provide visual diversity, (f) Roofs, alcoves, porticos or awmngs should be used where feasible to protect pedestrians from the effects of clnuate, and (g) Building materials should be internally consistent and compatible with the character of the area in which the project is located (4) ~a~a~e door orientation and setbacks - Garage doors should not face adj scent street frontages, except alleys Where site limitations preclude the opportumty to orient garage doors away from the street, other design measures should be employed to screen or nunnmze visiblhty from pubhc rights-of-way. (5) Access mana~)ement nrmcmles should be employed to minimize traffic flow disruptions on collector and arterial streets (6) ~ - One (1) street tree per 50 linear feet of lot boundary adjacent to a street (7) ~)edestrian Circulation and Linkages - The Project Plan should pro,nde safe and convenient pedestnan circulation appropriate to the proposed land usc Pedestrian hnkagcs to adjacent properties should be facthtated in appropriate locations (8) ~- Parking areas should be screened from public rights- of-way to the extent possible When visible from public nghts-of-way, parking areas should be organized in smaller sub-lots to avoid large, umnterruptcd expanses of pavement (9) LLehtm~, -Ltghtmg shall be designed m a manner that will not shine upward, minimizing the diffusion of light into the atmosphere, and shall not shine on adjacent properties (I0) Traffic calrnlne devices - Approved traffic calming devices should incorporated into the street patterns where appropriate (11) Fences - Fencing should be treated as a design element, and be visually appropnate £or Its proposed location Attention should be pard to detmls such as use of quahfied masonry products and design features as accent columns, articulation, or caps If used along an artenal and collector streets, consideration should be given to opemngs m fences to provide wsual entry into the project area The use ofberms is encouraged (12) ~ - Landscaped features such as fountains, gardens, or other features that enhance the project are encouraged Art such as monuments or other sculptural objects that enhance the project may also be considered Such elements should be visible and/or accessible to the pubhc (13) Transit facflmes - the prows~on of bus turn-outs and covered seating areas for bus riders should be considered, dependin~ on site location, levels of activity, and type of rote vmltatlon ATTACHMENT 3 RESOLUTION NO A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROViNG A NONRESIDENTIAL PROJECT PLAN FOR SOUTHRIDGE EXXON, BEING AN APPROXIMATELY 0 61 ACRE SITE LOCATED AT THE SOUTHEAST CORNER OF INTERSTATE 35E AND TEASLEY LANE, AND PROViDING FOR AN EFFECTIVE DATE (SP-00-003) WHEREAS, on March 2, 2000, the City Council adopted Ordinance No 2000-069 which established certmn nonresidential interim regulations (the "Nonresidential Interim Regulations"), WHEREAS, the Nonresidential Interim Regulations established, among other things, a project plan requirement, and WHEREAS, the owners of an approximately 0 61 acre tract of land zoned General Retail (GR) and described as 0 61 acres ofunplatted land in the S C Hiram Survey, Abstract No 616 have made apphcat~on for approval of a project plan under the Nonresidential Interim Regulations, a copy ofwtuch is attached hereto as Exhibit "A" and made a part hereof by reference (the "Project Plan"), and WHEREAS, the City Council finds that the Project Plan, with the condmons anposed hereto, if any, meets the reqmrements of the Nonremdentml Interim Regulations NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES SECTION 1 The Project Plan ~s hereby approved, subject to the following conditions SECTION 2 Tlns resolution shall become effective immediately from and after its approval PASSED AND APPROVED this the day of ., 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED ASJ.9 LEGA FOmX4 HERB~E~~Y ATTORNEY AGENDA INFORMATION SHEET AGENDA DATE: June 6th, 2000 DEPARTMENT: Planning & Developmen. t De~rtment EM/DCM/ACM: Dave Hill, 349-8314 ~ SUBJECT Consider and take action on a request for rehef from the Non-Residential Interun Regulations, Ordinance 2000-069, for a 4 9_+ acre property located at 5001 West Umvers~ty The proposal ~s to rezone the property from Agriculture (A) to Light Industrial (LI), to be consistent w~th the ex~stang CBS Mechanical operations (RN-00-26, CBS Mechanical) BACKGROUND Ordinance 2000-069, known as the Nonresidential Interim Regulations, was adopted by C~ty Cotmcfl on March 2nd, 2000 Thts ordinance contmns standards w~th which nonresidential development projects must comply until the Code Rewr~te project ~s completed and permanent standards are adopted Ordinance 2000-069 also contains a separate section that allows apphcants to request rehef from the interim regulations, including evaluation criteria to be used by Councd 5 Relief reauests a The applicant may petltton the City Cotmcd for relief from these interim development regulations by requesting such rehef In wnttng The requast fnr rehef shall be considered by the City Coancd in conjunction with actxim on the project plan and development apphcattnn b The City Councd shall not relieve the apphcant from the reqmrements of this or&nance, unless the applicant first presents credthle evidence from which the City Council can reasonably conclude that the imposition of the nonresidential development standards deprives the apphcant of a vested property right or deprives the appheant of the economically wable use of his land. c In deciding whether to grant rehef to the applicant, the City Cotmcd shall take into consideration the following (1) whether granting relief from the nonresidential standards contained tn these interim development regulations, tn the absence of permanent revisions to the City's Land Development Code that unplement the provisions of the comprehensive plan janpardtzes the City's best interests in preventing such effects, (2) the smtabfllty of the proposed nonresidential uses in hght of land uses allowed in the zoning d~stncts on property adjacent to the proposed s~te, (3) the impact of the proposed nonresident~al use on the transpnrtatton and other public facilities systems affected by the development, (4) the measures proposed to be taken by thc apphcant to prevent negative impacts of the proposed use on the surrounchng properties, (5) the likelihood that sufficient rehef will be provided to the applicant followtng adoption of the City's Development Code, (6) the total expenditures made m connection voth the proposed nonres~dentml development m reliance on pr~or regulations, m¢luthng the costs of Installing infrastructure to serve the project, (7) any fees reasonably paid m connection wlth the proposed use, and (8) any representations made by the C~ty concerning the project and reasonably relied upon to the detriment of the applicant d The City Couned may take the following acUons (1) deny the rehef request, (2) grant the relief request, or (3) grant the rehefrequest subject to con&tlons consistent wth the criteria set forth ~n th~s section 6 Minimum reile£ Any rebel granted by the City Councd shall be the mlmmum deviation from or&nance reqmrements necessary to prevent deprivation of a vested property r~ght OPTIONS Council may either 1 Deny the request for rehef, or 2 Grant the request for rehef, or 3. Grant the request for relief, subject to conditions consistent with the evaluation ctuterm set forth m the ordinance (and referenced above) RECOMMENDATION Staffrecommends that the dec~sxon of whether or not to grant the requests for rehef should be based on the merits of each individual apphcatlon ESTIMATED PROJECT SCHEDULE Rewew schedules are discussed ~n the attachments PRIOR ACTION/REVIEW One petmon was revtewed on May 2, 2000 1 Momson Mdlmg- approved Two petitions were revtewed on April 18, 2000 2 1013 Shady Oaks - approved 3 V~ctona Square Phase II - approved Three petitions were revtewed on April 4, 2000 1 Wddwood Inn - approved 2 Cellular One - approved Payne self-storage - demed 2 Three petxtlons were rewewed on March 21, 2000 4 1508 N Elm (Z-99-083) - approved 5 1513 N Locust (Z-99-084) - approved 6 RNW Addition (Z-00-003) - approved In addition, an ad&tlonal 18 staff mmated petitions were granted relief on March 21, 2000 One petition was reviewed on March 2, 2000 1 Kcrestme property- approved w~th condmons FISCAL INI~0RMATION The petitions ar~ being processed and brought to Council using existing staff resources Several of the pctit~ons claim financial harm, an issue that may be evaluated by Council ATTACHMENTS 1 staff report Respectfully submitted Douglas S IPowell, AICP Director of Planning & Development ATTACHMENT 1 WAIVER REQUEST STAFF REPORT Sublect CBS Mechan~calTract Case Number RN-00-26 St~ff Larry Re~chhart BACKGROUND Request Rehef from the Non-Residential Intenm Regulations (Ordinance No 00-069) to proceed w~th a "straight" L~ght Industrial (LI) zoning apphcabon to comply w~th the existing uses (See Enclosure 3) Location Generally the southeast corner of Umvers~ty Dnve (U S 380) and Masch Branch Road (See Enclosure 1) Zomng Agricultural (A) (See Enclosure 2) Acreage 4 9+ acres Platbng The property ~s not platted Comp Plan Consistency The Comprehensive Plan ~dent~fies th~s property to be w~th~n the Industrial Centers Industnal Centers are intended to provide locations for a vanety of work processes and work places such as manufactunng, warehousing and d~stnbubng, ~ndoor and outdoor storage, and a w~de range of commercial and ~ndustnal operabons The proposed zomng ~s consistent w~th the ~ntent of the Comprehensive Plan CONCLUSION. Additional Approvals Without Relief W~th Relief Zoning Apphcat~on ! Not Required ~ ........ Zomng Plan ~ ~:~ ~i Not Required Project Plan* ~l~a ~! Not Required Permit I Not Reqmred ** Not Required ** Building Project Plan would be reqmred only ~f the ex~sting buildings and/or sfle plan was rewsed ** The applicant has ind~cated that no new buildings are proposed Building Permits would be required only If exlsbng structures were to be expanded and/or new structures were proposed ENCLOSURES 1 Location Map 2 Zomng Map 3 Apphcabon ENCLOSURE 1 ~ CBS Mechanical NORTH LOCATION MAP Scale None ENCLOSURE 2 CBS Mechanical NORTH Note The GR port~on of ·" '"" '~' "' the site is not Included In the waiver apphcabon A I UNIVERSITY u I u SITESA DFT1E]E3 (Currently subject to a Light Industrial A Zoning Appllca tlon ZONING MAP Scale None ENCLOSURE 3 Surveyors & Engineers of North Texas 1621 Amanda Court Ponder, Texas 76259 PH (940) 482-2906 FAX (940) 482 2911 Toll Free (877) 481-SENT WWW SENTCORP COM Thursday, May 04, 2000 Hon Jack Miller Mayor, City of Denton And City Council Members, City of Denton C~ty Hall Denton, TX 76201 Subject. Relief from Non-Residential Interim Ordinance and supplemental information on 4.9 Ac. Project Name: CBS Mechanical tracts We respectfully request a rehef from the Non-residential Interim Ordinance to change the zoning on the subject tracts currently zoned Agricultural to Light Indnsinal The land Is being, and has been for over 40 years, used as a L~ght Industrial stte by CBS M¢chamcal and no change m the use of the property ~s being proposed A Zomn~ change Is bem~t rec~uested for two reasons 1 Compliance: The land has been used m its current comfgurat~on (m lot form and use) since 1959 and was annexed into the City of Denton with the current use 2 Protection: Zoning the site to comply with It's current use would protect the business and ~t's employees from being out of work If catastwphe destroyed the property and a new braiding penmt could not ~ssued due to the existing AG zoning still being m place Existing Conditions: · Location: o The subject property is approximately 4 9-Acres on two tracts m the Wflham Bryan Survey, Abstract no 148, Denton, TX The tracts are located on the Southeast comer of Umverslty Drive and Masch Branch Road Tract one includes CBS Mechamcal and the Shalom group uses, Tract two CBS Mechamcal use A portion of tract one is currently zoned GR with the remainder of the tracts, AG 7 · Environmental Issues: o ThatractisnotmanEnv~ronmentallySeusrt~veareaperC~tyofDentonE S A map · Surrounding Zoning: o North Across University Drive IS zoned Ag Existing use is Resldentml o South Zoned Ag Existing use Residential o East Light Industrial Ex~stmg use Is Light Industrial o West Zoned Light Industrial Use is Vacant · Surrounding Architectural Styles: o Light Industrial uses are metal bmldmgs o Single-family residences m the area are wood frame c~rca, 1970's or earlier · Neighborhood Compatibility: o The proposed zoning is the same as the land's current use The Use is compliant with Denton's Master Comprehensive Land Use Plan · Transportation: o The site is on the comer of a major arterial (US 380/Umverslty Dr ) and a Collector (Masch Branch Rd) A left turn lane exists on Umverslty Drive for a left-turn to Masch Branch (West bound) A deceleration/right- tom lane exists for a right turn from Umverslty to Masch Branch Rd (East bound) Addmonal traffic would not being generated because no change m usage of the property is being proposed · Public Facilities: o The use of the property is not being changed The use of Public Facthtles is not being changed Interim Ordinance Relief Procedures: · Rehef ftom the Interim Zoning Ordinance due to increased density does not jeoparthze the City's best interests CBS Mechamcal is currently using the subject tract m a light industrial function as it has for the last 40 years · The proposed use is statable m light of the location north of the Denton Mumclpal An'port and the Uses as planned for the area under Denton's Comprehensive Land Use Plan · There will be no unpact on the City and adjacent neighborhood due to use rell~mln~ the Sallie · There will be no negative unpacts to tho neighbors of this tract as no change m use Is being proposed · There have been no expenditures made m connection voth the proposed development m reliance to prior regulations · No fees paid to the City before the Interim Ordinance was approved · The City staff, concerning this development, made no detrunnntal representations Sincerely, ~'~ INTERIM ORDINANCE RELIEF APPLICATION FORM APPLICATION FOR RELIEF FROM Non-Res~denual Interim Ordinance Prolect Name CBS blechamcal Tract Prolect Address (Locauon) Southeast comer ofU S 380/UmversIlT Drive and Masch Blanch Rd Existing Use CBS Mechanical (Light Indusmal) Proposed Use CBS Mechanical (Light Industrial) F. xlstmg Comprehensive Plan Designation Indusmal Existing Zoning Ag Proposed Zoning LI ( c ) Gross Acres 4 92 SEE ATTACHED RELIEF PROCEDURES APPLICANT INFORMATION Apphcant Joseph S Mulroy Company Yorlam Realty, Ltd Address 5001 West Umversity Tel (940) 387-7568 Fax (940)382-8974 City Denton State TX ZIP 76207 Ematl Property Owner Same as apphcant Company Address Tel Fax City State ZIP Emafl Contact Allen R Bussell Company SENT Corp Address 1621 Amanda Ct Tel (940) 482-2906 Fax (940) 482-2911 City Ponder StateTX ZIP 76259 Emall abussell{~sentcorp corn SIGNATURE OF PROPERTY OWNER OR APPLICANT FotDepattmentM Use Only (SIGN AND PRINT OR TYPE NAME) SIGNATURE (Letter~JhortzaUon Irequtted if s~gnamre ~a other t~n property owner) Case Manager Total Fee(s) db;d and sworn before me fins of ~J~ 20 C)~) RecmptNo ig~ ,~.~'~ ~ NOTARY PUBHC ~') State of Texa~ Notat7 Pubhc iv,< ~ ~. 00mm Exp 08-09-201X Accepted By FLXCATXO DE .X E IS' ' SDAYS AT X0 00 Clx4 ? Any undethned text apphes only to the Non-Residential Interim Ordinance All other text apphes to both Residenual and Non-Residential Interim Ordinances. Apphcatton Requuements The apphcant may pem~on the Gty Councd for rehef from these unenm development regulauone by requesting such rebel m writing The request for rebel shall he con~,d~red by the G.ty Council m cor~uncnon wth ac~on on the prol¢ct plan and development application. The City Council shall not reheve the apphcam from these requirements, unless the apphcant first presents cre&ble ewdenee from v/tach the City Counc,1 can reasonably conclude that the imposition of the residential density hrmtauons, non-res~dentnl standands or other developmem Standards depnves the apphcant of a vested property nght or depnves the apphcant of the econowacallyvrable use of theft land The apphcant ~s requested to submit sufficient reformation addressing the following criteria The apphcant will also be respomthle in making their case before Coty Councd In deodmg whether to grant relief to the apphcant, the Gty Council shall take into the considerauon the follovang Whether granung rebel from the residennal density luratanons, non residental standards or other development s~andards contained, these mtenm developmem regulauon, in the absence of permanent revisions to the Gty's Land Developm-em Code that implement the provisions of the compreheus~ve plan, leopardaes the Gty's best interests m prevemmg such effects, I-I The suitab,hty of the proposed residennal or non-residential uses m hght of land nses allowed m the zomng drsmcts on property adlacent to the proposed site, [-I The impact of the proposed residential or non residenual use on the rransponanon and other public faohues systems affected by the development, [-I The meastues proposed to be taken bytbe applicant to prevent negative impacts of the proposed use on the nerghborhood, 1-1 The likelihood tint sufficiem rebel ~ be provided to the applicant follovang adoption of the City's Developmem Code, [-I The total expenditures made La connecuon vath the proposed residential or non-residemtsl developmem in rehance on pnor regulauom, including the costs of installing infrastructure to serve the project, [-I Any fees reasonably paid m connection vath the proposed nse, [] Any representauons made by the Gty coneemmg the project and reasonably rehed upon to the demment of the apphcant The Gty Council may t~be tbe follovang acuons (a) denythe relief request, (b) grant the relief request, or (c) grant the rebel request subject to condinons consistent vath the cntena set forth m the mrenm developmens regulauons Any rehef granted by the Gry Council shell be the mimmum deviation from ordinance requirements necessary to prevent deprivation of a vested property nght SIGNATURE certlf'ymg' that these regulauons have been read and understood by the apphcant / 10 Agenda AGENDA INFORMATION SHEET AGENDA DATE' J~e 6, 2000 DEP~TMENT' Plying Dep~ent~ C~DCM/ACM. Dawd Hill, 349-8314~'~ SUBJECT - SUP-218 (Delta House) Consider and take action on a request to extend the approval of a Specffic Use Permit (SLIP) for a Fraternity house located on the southeast comer of W Oak and Fry Streets, at 1305 W Oak Street The 0 75 acre site is zoned General Retml (GR) The proposal ~s to develop a nme (9) bedroom fraternity house for the Delta Lodge The SUP was approved on June 15, 1999 by Ordinance No 99-208 An SLIP for a fraternity house was approved on June 15, 1999 by ordinance No 99-208 (See Attachment 2) Section 35-114 of the code states "A specffic use permit issued under this d~wslon shall become null and void unless construction or use is substantially underway within one (1) year of the ~ssuance of a permit, unless an extension of t~me is approved by the c~ty council" On May 22, 2000 the Brotherhood of Delta Lodge requested that the time hmlt for the SUP be extended for an additional year (See Attachmem 1) ~' The subject rote is located in the Downtown Umverslty Core district The general intent is to allow a mm of uses and densities This proposal ~s in comphance w~th the comprehensive plan PRIOR ACTION/REVIEW The following is a chronology of SUP-218, commonly known as the Delta House June 15, 1999 - SUP approved by City Council May 22, 2000 - Request for one-year extenmon received OPTIONS 1 Approve as submitted 2 Approve with conditions 3 Deny. 4 Postpone consideration 5 Table 1tern ATTACHMENTS 1 Request for one-year extension 2 Ordinance No 99-208 R~y~m~tted Douglas S IIPowell, AICP~ D~rector of Planmng and Development Prepared by Ass~tant Planning D~rector 15-22-2000 02 53PI1 FROH Texa~ Ftr~t Bankltl< TO 194U~7707 P OJ CI~ ,P~$rl~_ ,, ,..~n~ yam We ~1 pa~ any f~s ~, ~e a~he to ~h*' e~ :~,o. mi4 ~l U~ Vtc{ ~r*~ te ~ta Lodge~m Bo~d TOT~ 02 3 oRDINANcE NO AN ORDINANCE OF THE CITY OF DE~ON, TE~S, ~PRO~G A SPEC~IC USE PE~IT TO ~LOW A F~TE~Y HOUSE ON A 0 75 AC~ T~CT LOCATED AT THE SOUTH~ST CO~R OF FRY S~ET ~ O~ ST~ET (LOT 1, BLOCK 22, OF T~ COLLEGE ~DITION OF DENTON, TX), WIT~ A GE~ ~T~ (GR) ZO~G DIST~CT CLASS~ICATION ~ USE DESIGNATION, PROVinG FOR A PEN~TY ~ THE M~ ~O~ OF $2,000 00 FOR ~OLATIONS T~OF, ~ PROLOG FOR ~ EFFECTWE DATE (Z-99-026) ~AS, Robe~ A Bone, on behalf of Delta Lodge, ~c, o~m, lmtmted a r~uest for a Specific Use Pe~lt to allow a ~ate~F house on a 0 75 acre tract located at ~e sou~west comer of F~ Sffeet ~d O~ S~eet (~t 1, Block 22, of the College Addition of Denton, T~, w~n a General Ret~l (GR) zomng dls~ct cl~s~ficat~on ~d use desx~at~on, ~d ~AS, on May 26, 1999, the Pl~ng ~d Zomng Co~ss~on reco~ended approval of the requested Specific Use Pe~t, ~d ~AS, ~e C~ Council finds ~at the Sp~fic Use P~t ~s m comph~ce ~ the Zomng Ord~ce ~d Denton Development PI~, ~d ~AS, in accord~ce with ~icle ~, Dlws~on 4, of Chapter 35 of ~e Code of Ordm~ces of ~e C1W of Denton. Texm, the C~ Council finds that all of the following conditions exist. 1. ~at the specific use w~ll be compatible with ~d not m3~ous to ~e use ~d en~o~ent of other prope~ nor sl~flc~tly dlm~msh or impair prope~ v~ues wt~in ~e ~edmte wcimW, 2. ~at ~e estabhs~ent of tho specific use wHI not ~mpede the no~al ~d orderly development ~d improvement of s~o~dmg yacht prop~, 3 ~at adequate u~ht~es, access roads, ~ag~ ~d o~er necess~ supposing facllmes have been or will be prowded, 4 ~at ~e des~. location, ~d ~gement of all ~veways ~d p~g ~aces prowdes for ~o safe ~d convement movement of ve~cul~ ~d pedesm~ ~c wl~out adversely ~fectmg ~e general pubhc or adjacent developments, That adequate nms~ce prevention me~es have been or ~11 bo t~en to prevent or con~ol offensive odor. ~es, dmt, noise, ~d wbrat~on, 6 ~at d~ect~onal h~g ~11 be prodded so ~ not to d~s~b or adv~ely affect not.being prope~les, ~d 7 ~at ~ere is sufficient Imdscapmg ~d screemg to em~e h~ony ~d compa~blhW wl~ ~jac~t NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That a specific use permit to allow a fi-atermty house on a 0 75 acre tract located at the southwest coroer of Fry Street and Oak Street (Lot 1, Block 22, of the College Addition of Denton, TX), within a General Retail (GR) zoning d~stnct classification and use designation, as per the site plan and landscape plan attached hereto and Incorporated herein as Exhibit A, is approved subject to the follownig conditions 1 That approval is subject to developnient according to the site plan and landscaping plan attached hereto as Exhibit A, 2 That lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb surrounding property or to shine and project upward to prevent the diffusion into the night sky, and 3 That an eight (8) foot masonry wall shall extend as indicated on the site plan by staff ~ECTION II That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000 00 Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense SECTION III That this ordinance shall beconie 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 pubhshed twice ~n the Denton Record-Chromcle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of Its passage PASSED AND APPROVED tins the/~-~day of ~ ,1999 ATTEST' IENNIFER WALTERS, CITY SECRETARY 5 PAGE 2 APPROVED AS TO LEGAL FORM: HI~RBERT L PROUTY, CITY ATTORNEY 6. PAGE 3 EXHIBIT Agenda No ~ Agenda Item '-~ __ AGENDA INFORMATION SHEET Date ~,/./~///'2Z;2 .~ AGENDA DATE' June 6, 2000 DEPARTMENT General Government ~,~ t CM/DCM/ACM' Mmhael W Jez, C~ty Manager SUBJECT: Consider approval of an ordmance approving an apphcataon form for an apphcant for a cable telewmon francluse, settang a non-refundable apphcataon fee for the costs of rewew, ~ssuance, and enforcement of the apphcataon, and prowd~ng an effective date BACKGROUND: Sectaon 8-31 of the c~ty's code of ordinances states that, "no hcense, franchise or renewal thereof for cable telewsmn shall be issued except upon written apphcataon to the c~ty counml on an apphcataon form prescribed by the c~ty council Each apphcant shall submit a nonrefundable apphcataon fee as may be estabhshed by the c~ty councd to cover the costs of rewew, ~ssuance and enforcement of franchises ~ssued pursuant to th~s chapter" Th~s ~tem was first brought to council at the work session on August 11, 1998 At that tame, Nortex Telcom had approached the c~ty about applying for a cable telewslon franchise At that meetang, cotmc~l's dlrectaon was to proceed w~th the apphcataon form as presented, and to make the mount of the nonrefundable apphcataon fee equal to the fee the c~ty was paying an outside consultant to develop and rewew the apphcataon form Th~s ~tem was brought back to council at their regular meetang on August 18, 1998 The apphcataon form speeffieally referenced Nortex, and the mount of the apphcataon fee was set at $5,000, wluch was the cost to the c~ty of the outside consultant However, Nortex wanted a franchise agreement that was substantaally different from the c~ty's franchise w~th ~ts current cable provider (at that tame, Marcus Cable) Counml postponed cons~derataon of th~s ~tem untal more ~nformataon could be prowded regarding some of Nortex's franchise-related ~ssues Ctty staff and Nortex contanued to meet and th~s ~tem was again brought to councd at a work session on October 13, 1998 At that meetang, council was provided addmonal ~nformatlon about changes that Nortex wanted to the emstang francluse agreement Cotmcd's d~rectaon (which was also the staff recommendataon) was to bnng back for approval the proposed apphcataon form along w~th a nonrefundable apphcat~on fee ~n the amount of $5,000, and offer Nortex the same francluse agreement as the city had w~th Marcus Cable After the raeetang, Nortex officials md~cated that they would probably not apply for a franchtse under those terms Therefore, staff chd not bring th~s ~tem back for final councd approval Council Agenda Cable Apphcat~on June 6, 2000 Page 2 of 3 Another potential cable television franchise apphcant has now contacted the c~ty The apphcat~oh form provided here for council's conmderat~on is a generic version of the apphcatlon form presented in 1998 References to Nortex have been ehmmated, making the form useable by any potential applicant The same form can also be used by Charter Communmatlons when they apply for a renewal of their current franchise, which expires m 2003 The amount of the nonrefundable apphcat~on fee has been mmntamed at $5,000, whmh should cover the city's costs associated with the rewew, tssuance, and enforcement of the franchise as provided in Sec 8-31 of the c~ty code OPTIONS A Approve the appheaBon form and apphcatlon fee as presented B Approve the application form and/or apphcat~on fee ~n some modffied form C Do not approve either the appheatlon form or the apphcat~on fee RECOMMENDATION Staff recommends Option A PRIOR ACTION/REVIEW (Couneil~ Boards~ Commission) City Council work session August 11,1998 City Council regular meeting August 18, 1998 City council work session October 13, 1998 FISCAL, INFORMATION: Revenue ~eutral Amount of appheatlon should cover c~ty's costs ATTACHMENTS 1 Ordinance 2 Apphcatlon form Respectfully submitted Bietty Williams Director of Management and Public Information 2 Council Agenda Cable Apphcat~on June 6, 2000 Page 3 of 3 Prepared by John Cabrales Jr Pubhc Information Officer ORDINANCE NO AN ORDINANCE IN ACCORDANCE WITH SECTION 8-31 OF THE CODE OF ORDI- NANCES OF THE CITY OF DENTON, TEXAS, APPROVING AN APPLICATION FORM FOR AN APPLICANT FOR A CABLE TELEVISION FRANCHISE, SETTING A NON- REFUNDABLE APPLICATION FEE FOR THE COSTS OF REVIEW, ISSUANCE, AND ENFORCEMENT OF THE APPLICATION FOR A FRANCHISE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, Section 8-31 of the Code of Ordinances of the C~ty of Denton requires that no cable television franchise may be issued or renewed except upon written application to the City Council on an application form prescribed by the C~ty Councd, and WHEREAS, the City has hired a cable telewslon consultant, Charles Gramhch, to assist ~n the process ofprepanng the application form, and WHEREAS, Section 8-31 of the Code of Ordinances reqmres that each applicant must submit a non-refundable application fee, Much must be estabhshed by the City Council, to cover costs of review, issuance, and enfomement, and WHEREAS, the C~ty Council deems it m the public interest to approve the cable telew- sion franchise apphcatlon form and to set a non-refundable application fee, NOW, THERE- FORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDA1NS ~ The attached form entffied "C~ty of Denton, Texas Application for Cable Television Francluse" is hereby prescribed, adopted, and approved as substantially in the terms of the attached form, whmh is made a part of this ordinance for all purposes, for the use of any cable television franchise applicant, whether seeking a new franchise or the renewal of an exist- ~ng franchise, in accordance with Section 8-31 of the Code of Ordinances CTI~E_.Q~.LO_I~I~ The City Council hereby establishes a non-refundable application fee for any apphcatlon for a cable television franchise ~n the nonrefundable amount of five thousand dollars ($5,000) SECTION 3. The City Manager or h~s designee ~s authorized to reqmre that any cable television applicant complete the attached application form and provide all the reformation re- qmred and such other information as the City Council may deem necessary to rewew the apph- cant's legal, technical, and financial quahficatlons and ~ts ability to meet the future cable-related needs and interests of the City ~ Tlus ordinance shall become effective ~mmedlately upon ~ts passage and approval 4 PASSED AND APPROVED this the day of ., 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM \\CH LGL\VOLl~sharod\dcpt~LOL\Our Documenl.s\Ordtnances\00~cable tv fmnch~sc ~pphca,aon doc CITY OF DENTON, TEXAS APPLICATION FOR A CABLE TELEVISON FRANCHISE Tim apphcation form Js to bo completed by any apphcant for an mmal cable televts~on franctuse or by an emstmg Orantee requesting renewal of Llae cable television franchtse The Cay of Denton, Texas ("Cay") requests that the Apphcant complete the following mfonnatton for ~ use m reviewing the Applicant's legal, teehmcal, and financnd q~ahtlcaUons and ~ abil~ to meet the future cable-related needs and mterem of the co~anuty m accordance w~th Section 8-31 of the City Code All apphcat~ons received by the Cay l~om the apphcants for an h'ntlal cable televtstnn ~anchse or a renewal will become the sole property of the City The City reserves the right to reject any and all proposals and waive lnfornudttles and/or teehnicahttes where the best interest of the City may be served Before subrmtting a proposal, each apphcant must 1 Examine the apphcat~on documents thoroughly 2 Familiarize hnmelf/herself w~th local condit~ons that may m any manner affect performance under the francluse 3 Famflnm~ hnnsolf/hersolf voth federal, state and local laws, ordinances, rules and regulations affecttng performance under the ~anctnse, including Chapter 8 of the City Code 4 Carefully correlate the apphcation w~th the requtrements of ttus procedure and the apphcat~on documents The City may make such tnvest~gations as it deems necessary to determine the abthty of the apphcant to perform pursuant to the Code of the City, and the apphcant shall furmsh to the City all such mfonnat~on and data for tbs purpose as the City may request City staff may request additional information or re,rise tins applicattnn form to fit changing ctrctunstances The City reserves the right to reject any apphcattnn fl' the credence subrtntted by, or tnvest~gatwn of, such applicant fads to satisfy the City that such apphcant ts properly qvAl~tied to carry out the obhgat~ons of fha Code of the C,ty and to complete the work contemplated thereto No cable telewsion franclme wdl be granted to any apphcant unless all reqmrements and requests of the Cay regarding the legal, financial and techmcal q~.l~cattnns and the plans for the proposed cable telev~sion system of the apphcant have been met, tncludtng comphance w~th all apphcable reqmrements of the Cay Code Apphcants, including all shareholders and part,es vath any interest tn the apphcant, shall subnut all 6 requested information as provided by the terms of ttus procedure or the apphcatlon documents The requested information must be complete and verified as true by the apphcant Apphcants, including ail shareholders and part~es with any mterast m the apphcant, shall provide the following information regarding other cable systems m winch they hold an interest of any 1 Locations of all other francl~ses and the dates of award for each locatlom 2 Estmmted construction costs and estmmted completion dates for each system. 3 Estimated number of mtles of construction and number of rmlas completed m each system as of the date ofth~ apphcation. 4 Date for completion of construction as promised m the apphcat~on for each system Apphcants, including all shareholders and part~es w~h any interest m the apphcant, shall provide the City with any documents regarding pending apphcatioas for other cable systems, including but not hmited to, the following 1 Location of other ~ancinse applications and date of apphcat:on for each system. 2 Estimated dates of franchise awards 3 Estm~ated number of miles of construction 4 Estimated construction costs LEGAL 1 Co~taet Please provide tho name, address, telephone number, fax num~ and e-maR address 0f available) of the person that the CRy should contact regarding tbs appheat~ons 2 Identification of Owaers a If a coq)oration, stato tho nam~ and addresses of all officers and chrectors and tho number of shares held by each officer and dn~or Also provide ldent~cahon and ownership mte~t for each no~l and benefioal owner of on~ percent (1%) or more of apphcant's/ssued and outstanding stock ff an mcorporatad assocmt~on state thc names, addresses and outstavdmg ownership interests of all members ami ultimate benefioial owners. b if a paxtna-shp, provide glent~ficatmn and ownershrp interest for all general and lmated c If a proprietorship or other aglty, provide full ownership details d If the apphcant ~s a subsldmry, vnll Rs parent corporahon guarantee thc obhgattons and 3 Has the Apphcant retained local counsel to represent the company m the renewal process? If so, please ~dentu~y the ~ and atdicate which cormspondenee should he forwarded to them. 4 Has the Apphcant or any related entn'y or principal ever been conviet~xi m a vtul~q, al proeead~ (felomes or nmd~rs) m which any of the following offenses w~re charged? YES NO Fraud, im~ry, e~tomor~ Tax evasion P~,~~ o~n offs, or o~ ~u~ ~ ~b~ or ~c~ o~' ~ of~ pubhc d~es d False, rrasl~rlln$ or deceptive advertis~ e An'a-trust v~olat~ons, state or federal f Vxolataom of FCC rules g Conspn-a~ to cou~t m~y of the foregoing offenses D ~os~on of C~m~l Charges. If tl~ mxwler to m~y question above ~s yes, attach a sep~ate statement descn~ng the disposmon of each ~im~r~l charge, including the date, court, sentence, or fine Is the Apphcant, or related enUty or any prmcq~l a party to or has the Apphcant, or related entity or any principal ever been a pm'ty to a cr~ proceeding m wl~ch ~t was held hable for any of the following? YES NO U~mr or anta- corc~peh'tive business practices Ant~-trust wolataons (state and federal) including instances m winch consent decrees were entered V~olataons of secuntaes laws (state and federal) False, r~sleadmg or deceptive adverttsmg V~olafion of FCC rules and regulations D~sposlt~On of Cavil Procxeda~_. If the answer to any question above is yes, attach a separate statement descn'bmg the cr/fl proceeding and state the chspos~on ofthat case 9 6 Does tho Apphcant contend that any prov~on of the Cay Charter or Ordinances apphcable to thelApphcant or the proposed cable system serving th~ Cay ~s or n~y be unlawful or uuenforeenble? l~IANCIAL The eun~ finan~ condmon ofth~ Appheant ~s requested m order to have an und~ o£ the flnane~l arnmgemen-ls that may nnpaet the continuing operations of the proposed cable system. I What ~s the source and amoum of eqmty capital? 2 Is any of the eqmty capxtal borrowed? 3 What ~s the primary source and amount of debt? 4 Promde ti~ name of banks and/or lending ~Jtunons and specify the name and title of the bank officer or lending officer who has authorized the financing 5 Please identify the terms of all debt financing 6 What interest rote? 7 What collateral ~s Lqvolved? 8 Who are the guarantors? 9 Please proxade all ~went tinaneml statemems that support financml mab~y of the proposed cable system's openmons. 10 Please provado lastoncal fineneml statements (audited or revaewed, ff avatlable) for the past two years for the Apphcant 11 Please supply documematton that assures the proposed the Apphcant's finanexal vnflahty, such as lcgt~rs of coiiiii-dllll~rlt fi'om fLqlttlcial 1118tltBtlo~ which wlql demonstrate the availab[~ of suffaeient timds to construct, operate and maintain tl~ cable telev~on system Lq the Cay 12 Please provide pro forrm finanmal proJect;om for the operataon of th~ proposed cable televi~'on system in the Cay Please include detmled revenue and expense projections and assumpttons for the operation of the cable telev~on system serving the Cay for the next five yea~ Please include a sources and uses of funds 13 The leverage profile of the Apphcant ~s of concern to the Cay Please provade mformataon that deseffoes the projected leverage profile of the Apphcant and related entmas at the end of the I0 next five years. Please include th~ following mos m your answer total debt per subscnlx~ and total debt per tho ruanmg rate cash flow 14 Please provide a narratwe that discusses the leverage profile of the Apphcant and related ent~es to include a comparison of the leverage profile to other mult~le system operators in the cable telev~on mdust~/and the antacid, ed effect of the lever~e l~ofile on the financ~ ability of tho Applicant to construct, operate and maintain the proposed cable television system m the City 15 Please prey. de current financial statements for all owners of five percent (5%) or greater owuersh~p interest in the Apphcant. Any other mibrmat~on that the Apphcant uasbes to provatc which wfll help the C~'y develop an accurate picture of the finsncml concht~on of the Apphcant w~l be welcomed TECHNICAL Th~s Section includes techmcal questions relatlu~ to the Applicant's proposed cable systent 1 Descn~oe m detail the geographic area w~tlun the C~ty where the Apphcant proposes to offer cable telews~on serwces and a schedule for bufldout Inchcate the approyamate location on a map, or by description, of the fixed system ib. clhtles, mcludlng tower, satelilte earth stations, rmcrowave links The routes of the uares, cables and other tbciht~es 2 ff any of the proposed cable television system ~s to be installed overhead, ¢,adence the surplus space available for locating the proposed cable telewslon system on ex~sting ut~hty poles along the proposed route 3 Does the Apphcant intend to mterconuect the proposed cable televis~on system w~th other cable television systems, telecommumcat~ons systems or open wdeo systems? 4 Presuming the Apphcant obtains a cable televis~on fi-anchtse from the C~', please descn'be the types of services the Applicant plans to pro,ode through ~ts cable televis~on system or any other system by answering the following quast~ons a Does the Apphcant plan to offer pnvate, switched telephone services to customers? b Does the Appheant plan to ofit-r local switched telephone service to City residents e~ther through its own facilities or as a resale carner? c Does the Apphcant plan to offer long distance services either through xts own fac~ht~es or as a resale carrier9 d Does the Appheant plan to offer customers tugh-speed data transrmss~on servaces? e Does the Apphcant plan to offer customers Intcmet access capabiht~es? 11 f Does the Apphcant plan to offer wdeo conferencmg serwces to customers? g Does the Applicant plan to offer any type of wdeo programming service to its customers, including cable telewslon, open wdeo system service, or wdeo dud tone service? h Does the Applicant plan to offer w~relcss telecommumcatlons sen~ces to customers? Does the Apphcant mtcud to lease or sell transrmsslon capacrty on its system to other entxties? If any of the questions above were answered "Yes," please descn'be m detml to whom, how and when such services or facilities are planned to be offered 5 Prowde a schedule and completion dates for development and construction of the Apphcant's proposed cable television system The schedule for buddout should set forth the approximate starting and completion dates of construction of the system and the dates service will actually be available to the areas named 6 Please iden~fy and prow& the following reformation regarding the Appheant's proposed cable telavis~on systenx a Begianmg date of construction of system. b Number of downstream channels c Number of upstream channels, d~scuss and descn"ce any institutional networks and mterconnectlon services d Channel Format (Check one) Standard Careers Harmomcally Related Careers Other (please desm'ee e Number ofpubhc access channels f Complete fee schedule mcluchng subscription fees and other charges g Quality of serv~e ~s including Apphcant's procedure for handling customer complmnts Hours of Operetlon. 7 Indicate the anticrpeted channel capacity of the proposed cable telewslon system 12 Downstream # of video charmels # ofaucho-only charnels # of data charnels # ofvo~ channels Upstream # ofxqdeo cbatmels # of audio-only charnels # of data channels # of voice channels System Design a What are the system's demgn parameters? b What ~s the longest tnmk amphtier cascade? ¢ How many line extenders m cascade? d What are the pro3ected worst-ease distomon charaoterlst~¢s? Has the Apphcant ever had a business hcense, u~luchng a hcense obtained fi'om the FCC revoked, suspended or the renewal thereof demed, or ~s the Apphcant a party to proceedings regulaUon governing a cable television system owned or operated by ~t? Has the Apphcant ever nurtured liUgatmn against a francl~ng authority or has a franctusmg authority mitmted htigat~on against it? If so, xtentify the francl~smg authority revolved, the court or adnmastmtn, e agency in wl~ch that ht~gation was docketed, the nature of the controversy that was the source of the ~gaUon, the dL~pomtion or result of that ht~gaUon, and any other relevant facts Has the Apphcant been crted by any francl~sing authority for not meeting the Federal Customer 13 Serwo Standards or Customer Service Standards set out m any local fi-a~ a/reem~ or ordinance? Any other mfornv~n that the Apphca~ ~h~s to l~c which will help us develop an accurate p~cture olive technical condition ofthe operation w~l be welcomed. Apphcant must subnat with tho completed applr, at~n a non-refutable apphcat~on fee m thc amount of $ to cover the costs of rowew, muance and enlb~ of tho proposed I cert~ that I am authorized to execute tins Apphcat~on on behalf of the Apphcant I further understand that Lf there are material omissions of lnfOrlllatlon requested by tlns Application or deh~rately false answers given to questions on th~ Apphcatlon, the C~ty of Denton, Texas, may revoke any fi'anchise, permit or license it has granted tn reliance on the answers prowded by Applicant to this Application. Date , Name of Apphcant By Notary S~gnature Line 14 Agenda NOm~_ AGe:lVD* IN~OP. MAT[ON SH~ICT agenda Ire Oate ~/~/~ AGE~A DA~: June ~ DEP~T~: En~ug & C~A~: Dave ~fll: Z49~14 S~CT Cons~d~ ~ or&n~ of ~e C~ of Dmto~ Te~, pmw~g for ~e ~ng of St~hon Way to B~g Horn Trml; ~d prow~g ~ eff~ve ~te BACKGRO~ ~e Ci~ of ~t~ ~y ~ a ~ n~e of s~d~ s~llmg ~d pron~cm~on to "S~hon Way" m ex~m~ ~n ~e ~omte D~ Cl~ L~ml~ It w~ d~d~ ~at ~e s~ n~e be ch~g~ m o~ to p~ cl~ ~d s~mph~ ~s~ng o~0~ Not apph~ble ~CO~ATION S~ mdo~ ~e appmv~ of ~e R~m~ P~OR ACTION~W (Co~ne~ Bo~ Commi~in~] N~ apph~ble ~SC~ ~O~TION None A~ch~ Resp~ly su~R~ Stall,on Way street to be renamed to ag Hom Tm~l "~.~,hp [] ~'~"~P [] ~'~'~P Not to Scale ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE RENAMING OF STALLION WAY TO BIG HORN TRAIL, AND PROVIDING AN EFFECTIVE DATE WHEREAS, on March 7, 2000, the final plat of Sundown Ranch, Phase 2, was filed for record m Cabinet R, Page 270 of the Plat Records of Denton County, Texas, and WHEREAS, other street names of similar spelhng and pronuncmhon to "Stalhon Way" already exist within the corporate Denton c~ty hmlts, and WHEREAS, said renaming will slmphfy street names and prowde for more consistent addressing, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 The street offimally designated as Stallion Way, being a pubh¢ street connecting P~nto Drive to Hollow Radge Drive, as illustrated ~n the attached Exhibit "A", which ~s incorporated and made a part hereof, is renamed to B~g Horn Trml SECTION 2 That the D~rector of Planmng and Development ~s thrected to amend the officml map of the C~ty of Denton to reflect the change m the street name as prowded herein SECTION 3 That flus ordinance shall become effective ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED tlus the day of ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY: CITY ATTORNEY BY ~ ~_ , ~,oendaltem~, AGENDA INFORMATION SHEET ' AGEHDA DATE June 6, 2000 ' [ DEPARTMENT Economic Development Department ACM David Hill, Assistant City Manager, Development Servmes ~/~ ~ SUBJECT Consider approval of a resolution of the C~ty Council of the City of Denton, Texas, replacing a pohcy for tax abatement for the C~ty of Denton to estabhsh gmdehnes and cnterm governing tax abatement agreements, and declarmg an effective date BACKGROUND Staff presented a draft Tax Abatement Policy as proposed by the Jmnt Tax Abatement Committee at the February 22, 2000 Council Meeting The document m your backup highhghts changes made to the document presented m February Slgmficant changes 1 At the February meeting, staff requested d~rect~on as to whether abatement should be considered on any port~on ora project's land valuation, over and above its value at the time of the agreement It was Councd's desire to exclude any and all land valuation from consideration for abatement Th~s ~s reflected on page 8 2 Counml Member Young requested we include language that would require or at least encourage tax abatement apphcants to h~re m~nonty mt]zens of Denton D~scussmn regarding the legality of such a reqmrement lead to a request of staff to research other reties to determine if there were other pohmes w~th th~s language None of the forty cities contacted had such language m thmr pohc]es However, some reties encouraged tax abatement apphcants to utthze Mmomy Business Enterprises (MBE's) - also known as Historically Underutilized Businesses (HUB's) - when contracting for construction, supplies or servxces We have Included sxmflar language on page 13 In addxtmn, two cities (Fort Worth and Grand Prame) encouraged applicants to make every effort to recrmt from Census tracts ~dent~fied as low-to-moderate ~ncome These two reties have programs w~th~n their organization that assist low-mod Income residents m finding jobs In Denton, the local Texas Workforce Commission office prowdes this serwce to qualffied citizens based on need We have ~ncluded language on page 13 to encourage h~nng of lnd~wduals ~n our low-to-moderate ~ncome census tracts -1- 3 An additional paragraph addressing tax abatement ~ncent~ves for abandoned bmld~ngs appears on page 9 of your backup Abatement apphcatlons typically deal w~th new bmldmgs or major expansions of emstmg businesses When a company or developer purchases a burldmg that has s~gmflcantly decreased tn value over a period of t~me, renovation of the property to meet their needs may be very costly, yet the actual ~ncmase in valuation of the braiding may not reflect the ~nvestment The Committee has included language that would allow the Council to consider another approach In order to encourage redevelopment of abandoned bmld~ngs (those that have been vacant for a minimum of five years or have substantially dechned ~n apprmsed value) the Council may wmve the m~mmum threshold of valuation and/or exceed the 50% abatement maximum Abatement would not be apphed to valuation that currently exists on the tax roll, but only apply to any ~ncrease ~n value For example, ~f a bmldmg ~s currently on the tax roll at $10 mflhon and as a result of the purchase and renovation, the valuation ~ncreases to $12 mdhon Only the $2 mdhon ~ncrease would be eligible for abatement As w~th all other apphcatlons, redevelopment abatements would be considered on a case-by-case basis, and the Council would not be under any obhgat~on to approve an apphcat~on ESTIMATED SCHEDULE OF PROJECT The prewous tax abatement policy expired January 27, 2000 If adopted, the proposed tax abatement pohcy would be m effect for two years The pohcy could be amended with a super-maJority vote by City Counml prior to its two-year life PRIOR ACTION/REVIEW The Joint Tax Abatement Committee recommends approval of the attached pohcy FISCAL INFORMATION None EXHIBITS Resolution Tax Abatement Policy Respectfully submitted ~L~n~dd Rathf~, D~rector - 1~ Economm Development Department -2- RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, REPLACING A POLICY FOR TAX ABATEMENT FOR THE CITY OF DENTON TO ESTABLISH GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT AGREEMENTS, AND DECLARING AN EFFECTIVE DATE WHEREAS, on January 21, 1998, the C~ty Council adopted gmdehnes and cntena, known as the Denton Pohcy for Tax Abatement, pasmng Resolution No R98-004, and WHEREAS, that Tax Abatement Pohcy has now expired, and WHEREAS, the C~ty Counml desires to promote economic development w~thm Denton, and WHEREAS, providing tax abatement and other economm development incentives w~th~n the City and ~ts extratemtonal junsdmt~on w~ll hkely contribute to the economic development of Denton by encouraging major mvestment and the creation of jobs, and WHEREAS, the Property Development and Tax Abatement Act, Chapter 312 of the Tex Tax Code, allows the c~ty to estabhsh 1ts own criteria for tax abatement and the City has previously adopted gmdehnes for tax abatement and resolutions No R90-018 and R98-004, and WHEREAS, the Joint Committee on Tax Abatement, composed of representatives of the City of Denton, the Denton Independent School District, and Denton County have recommended a new Tax Abatement Policy to replace the expired policy, which is attached hereto as the Denton Policy for Tax Abatement, and WHEREAS, the City Council deems it ~n the pubhc interest to contanue to be ehg~ble for particlpataon m tax abatement and to adopt the new policies, gmdelmes and criteria govermng tax abatement agreements to be known as the Denton Policy for Tax Abatement, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES ~ That the pohces, gmdehnes and criteria found an the Denton Pohcy for Tax Abatement, attached hereto ~s Exhibit A and made a part of tins Resolution and incorporated hereto for all purposes, are m all things approved and adopted From and agter the effectave date of this Resolution, the attached Denton Pohcy for Tax Abatement shall constitute pohcy gmdehnes and criteria governing tax abatement agreements for the C~ty of Denton in accordance w~th Chapter 312 of the Tex Tax Code -3- SECTION 2 That pursuant to Tex Tax Code Sectxon 312 002(c) the gmdehnes and criteria adopted hereto shall be effectwe for two (2) years, dunng which t~me the gmdel, nes may be amended or repealed by a vote of~/4 of the members of the Council SECTION 3 That the City Council hereby reasserts ~ts decls~on to become ehg~ble to partxmpate m tax abatement The C~ty Council prowdes certmn tax ~ncent~ves apphcable to business enterprises m various remvestment zones which are estabhshed m the C~ty, m accordance w~th the apphcable provisions xn Chapter 312 of the Tex Tax Code and ~n accordance w~th the gu~dehnes and cntena estabhshed m the attached Exhibit A SECTION 4 That th~s resolution shall become effective ~mmedmtely upon ~ts passage and approval at the regular meeting of the C~ty Council of the City of Denton, Texas, on the 6th day of June, 2000, at whmh meeting a quorum was present and whmh meeting was held m accordance w~th the prows~ons ofTex Gov 't Code §551 001, et seq PASSED AND APPROVED tlus the _ day of ,2000 EULINEBROCK, MAYOR ATTEST JENN~ERWALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY -4- DENTON POLICY FOR TAX ABATEMENT I GENERAL PURPOSE AND OBJECTIVES The City of Denton (City) and the Denton Independent School District (DISD) are committed to the promotaon of l~gh quality development in all parts of the city and to an ongmng improvement in the quality ofhfe for its cltazens Insofar as these object~ves are generally served by the enhancement and expansion of the local economy, the City and DISD wall, on a case-by-case bas~s, g~ve consideration to prov~&ng tax abatement as a stimulus for economic development ~n Denton It is the policy of the City and DISD that smd consideration will be provaded ~n accordance with the procedures and cmena outhned ~n this document Nothing herein shall ~mply or suggest that the City or DISD are under any obhgatlon to provide tax abatement to any apphcant Denton County ad valorem taxes also may be abated, however, applications will be considered separately under the gu~dehnes of the Denton County tax abatement policy All apphcants shall be considered on a case-by-case bas~s Abatements will be considered only as inducements to generate development that otherwise would not occur Abatements will not be considered if construction of a project already has begun Tax abatements, as described in tlus policy, will be avmlable for new and/or existing facilities and structures and for busmesses wanting to locate, expand or modernize basic industries, corporate office headquarters or d~stnbut~on centers, except as tbas pohcy may be limited for property described in Section 312 211 (a) of the Texas Property Tax Code (Vemons Texas C~vll Statutes Annotated, hereinafter referred to as "Tax Code ") II JOINT TAX ABATEMENT COMMITTEE Requests for tax abatement shall be reviewed by the Jolm Committee on Tax Abatemem, satd Committee being comprised of two elected officials each from the C~ty, the DISD and Denton County One additional staff person from each jttnsdmtlon shall be appointed to serve as a nonvoting, ex officm member of the committee The Joint Committee on Tax Abatement serves as a recommending body to the taxing empties regarding whether economic development incentives should be offered m each ~nd~wdual case Its recommendatmn shall be based upon an evaluation of ~nformataon submitted ~n the tax abatemem apphcatlon and any additional reformation requested by the Committee or presented to the Committee The Tax Abatement Apphcataon ~s presented as Exhibit A of th~s pohcy All meetings of the Jo~m Committee shall be held m comphance w~th the Texas Open Meetings Act, Chapter 551 of the Texas Government Code III VALUE OF INCENTIVES The criteria outlined in the Apphcat~on will be used by the Jmm Commxttee on Tax Abatemem tn determining whether or not it is m the best interests of the affected taxxng ent~t~es to recommend that tax abatement be offered to a particular project Specific considerations vail tnclude the degree to whmh the ~ndlvldual project furthers the goals and objectives of the commumty as described in the Demon Comprehensive Plan, as well as the relative impact of the project New, expanding and modernizing businesses may be considered for abatement ff the nummmn threshold, as described ~n Table 1 below, ts met Once a determination has been made that tax abatement should be offered, the value and term of the abatement may be determined by referencing the follovong table TABLE 1 Establishes a framework for consldenng the length of abatement according to assessed real property value of Improvements and of tangible personal property located on the real property VALUE OF STRUCTURE AND PERSONAL PROPERTY YEARS OF PERCENTAGE OF IN MILLION DOLLARS ABATEMENT ABATEMENT 100 10 15- 25% 80 9 15- 25% 65 8 15- 25% 50 7 15-25% 35 6 15- 25% 20 5 15- 25% 15 4 15- 25% 10 3 15- 25% 5 2 15-25% To qualify, compames must meet the mimmum threshold of the policy in the first 24 months from the execution of the agreement or as specified in the tax abatement agreement If upon initial application a project qualifies for tax abatement under the guidelines set forth tn this pohcy, the taxing entitles may consider granting an additional 5% abatement for each one of the following factors provided, however, that the total tax abatement does not exceed 50% annually or continue for a period of more than ten years No applicant may receive credit for more than five of the following factors · The project wall occupy a bmldlng that has been vacant for at least two years, · The project wall create high-skilled, tugh-paylng jobs as documented by the applicant, (A breakdown of number of jobs per job classfficatlon and entry level wage per classification will be used to determine ehgibihty), The project wall involve a slgmficant relationship with one of the two universities in Denton, -7- · At least 25% of the newjobs created by the project vail be filled by Denton residents, · The project will prowde knowledge-based jobs (at least 25 percent of jobs reqmre college bachelors degree at entry level), · The project will donate s~gnlficant pubhc art to the commumty (To quahfy, donation must be approved by Greater Denton Arts Council and C~ty Cotmcd), · The project vail donate s~gmfieant matenals/eqmpment to the pubhc schools (To quahfy, donation must be approved by DISD and C~ty Cotmcfl ), · The project w~ll create ~mprovements to the Denton Central Business D~stnct, · The project w~ll result ~n the formation of a bus~ness park, · The project ~s an ~nternaUonal or national headquarters facility The total tax abatement may not exceed 50% annually for ten years All abatements are subject to final approval of the C~ty Council and DISD Board of Trustees, or the County Comm:ss~oner's Court Even though a project may meet the criteria as set forth ~n th~s pohcy, an apphcatlon may be denied at the d~scretlon of the C~ty Council and/or DISD Board of Trustees. ~ ~ ~ ~~[~3~t~ The thresholds as described ~n Table 1 are considered gardehnes for estabhsh~ng the Tax Abatement Agreement terms However, the C~ty and DISD may determine that a lower or h~gher percentage and/or a shorter or longer term of abatement may be more approprmte for an tnd~vldual project If abatement ~s approved, the C~ty and DISD may consider applying all or a pomon of the abatement m the first year or dunng any shorter period vatban the term of the tax abatement agreement For example, an approved abatement of 25 percent for four years may be apphed as 100 percent abatement lor one year To receive tax abatement from the C~ty, the owner of the project must enter into a contract with Denton Mumc~pal Electric Utthtles to prowde electric servme for a period of not less than five years and mmntaln performance of contractual obhgat~ons for the full period of the contract, unless located ~n an area in wtuch the Denton Mumclpal Electric Uttht~es is not certffied to serve Upon reconunendat~on of Denton Municipal Electric Ut~lmes, th~s reqmrement may be wmved Prehm~nary Appheat~on IV PROCEDURAL GUIDELINES Any person, orgamzatmn or corporation desmng that the C~ty or DISD consider prowdmg tax abatement to encourage locatmn or expansion of facilities w~th~n the hm~ts of the jur~sd~ctmns shall be reqmred to comply w~th the following procedural gmdehnes Nothing within these gmdehnes shall imply or suggest that either the C~ty or DISD is under any obhgatlon to provide tax abatement to any applicant A Apphcant shall complete the attached "Apphcatmn for Tax Abatement" B Apphcant shall prepare a map or other documents pmvadang the follovang · precise locataon of the property and all roadways vathan 500 feet of the site · ex~stlng uses and conditions of real property · proposed improvements and uses · any proposed changes an zomng · compatabflaty vath the Denton Comprehensave Plan and apphcable braiding codes and Caty ordinances C A complete legal description shall be provaded Apphcant shall complete all forms and information detmled m the Appheataon and submat all mformataon to the Caty Manager, Caty of Denton, 215 E McKmney, Denton, TX 76201 D All mformataon m the apphcataon package detailed above will be revaewed for completeness and accuracy Addataonal information may be requested as needed E The apphcataon will be dlstrlbuted to the appropriate City and DISD departments for antemal revaew and comments Addatlonal lnformataon may be requested as needed F Copies of the complete appheat~on package and staff comments will be prowded to the Jmnt Committee on Tax Abatement G Fiscal agents of the Caty, DISD and County wall revaew the appllcataon for comments and recommendataon Addmonal mformataon may be requested as needed Consideration of the Apphcatlon H The Jmnt Commattee on Tax Abatement vail consader the apphcatlon at a regular or called meeting(s) Additional information may be requested as needed I The recommendation of the Joant Commattee on Tax Abatement will be forwarded, vath all -lO- relevant materials, to the chief adnumstrat~ve officer of each taxing entity J If the C~ty Council of Denton decides to grant a tax abatement, ~t shall call a pubhc hearing to donslder estabhshment of a tax relnvestment zone ~n accordance vath Section 312 201 of the Tax Code The remvestment zone must meet one or more of the criteria of Sectaon 312 202 of the Tax Code K The Cxty Council of Denton shall hold a public heanng and determine whether the project ~s "feasible and practical and would be of benefit to the land to be included walun the zone and C~ty after the exp~ratxon of the tax abatement agreement m accordance w~th Sectmn 312 201" Specxal conslderatmn shall be given to pohc~es noted m the Denton Comprehensive Plan when designating a tax remvestment zone L The Cxty Council of Denton may consider adoptmn of an ordinance desxgnatmg the area described m the legal descnptaon of the proposed project as a commermal/mdustnal tax abatement zone M The Cxty Council may consider adoptmn of an ordinance or resolution approving the terms and condattons of a contract between the Cxty and the apphcant govermng the prowsxon of the tax abatement and the commxtments of the apphcant, including all the terms reqmred by Sectmn 312 205 of the Tax Code and such other terms and condmons as the Cxty Council may reqmre Should the commitments subsequently not be satisfied, the tax abatement shall be null and void (unless the tax abatement agreement prowdes for a recapture of the property tax revenue lost propomonate to a partial fmlure to meet the n~mmum thresholds set forth m the agreement) and all abated taxes shall be prod ~mmedmtely to the C~ty of Denton and all other taxing junsdlcUons partlclpattng in the tax abatement agreement Provisions to this effect shall be incorporated into the agreement N The governing boches of Denton County and DISD may consider raUficataon of and pamclpatlon in the tax abatement agreement between the City of Denton and the apphcant O The C~ty and DISD reserve the authority to enter into tax abatement agreements at dlffenng percentages and/or terms as set forth ~n the guidelines of this policy, consistent w~th the requirements of the Tax Code Any tax abatement agreement will address various issues, including but not limited to, the following 1 General description of the project, 2 Amount of the tax abatement and percent of value to be abated each year, 3 Method of calculating the value of the abatement, 4 Duration of the abatement, including commencement date and termination date, 5 Legal description of the property, 6 gand, number, location and timetable of planned improvements, 7 Specffic terms and conditions to be met by apphcant, 8 The proposed use of the facthty and nature of construction, 9 Conlxactual obhgat~ons in the event of default, wolat~on of terms or conditions, dehnquem taxes, recapture, administration and assignment Annual Evaluation Upon completion of constxuctlon, the Joint Committee on Tax Abatement shall receive from the C~ty Manager an annual evaluation of each abatement to insure compliance with the agreement and to report possible wolataons of the agreement to the taxing entities After new tax base numbers are received ~n July of each year, the C~ty Manager and bas staff vail have mnety (90) days to rewew and prepare a breakdown of those figures Transfer or Assignment A contract for tax abatement may be ~'ansferred or assigned by the original apphcant to a new owner upon approval by the various taxing junsdmt~ons at, er such a recommendation ~s made by the Joint Committee on Tax Abatement S/TAX ABATEMENTXTAX ABATEMENT POLICY 2000 FINAL DRAFT -13- EXIHRIT A The City of Denton Tax Abatement A }llcation About the Application The Tax Abatement Application provides the City with specific information on the project The information requested In the Appheatlon is designed to address the criteria developed within the City of Denton's Tax Abatement Policy The reformation serves as the basis for fiscal analysis and overall project evaluation This evaluation Is provided to Council Members and serves as a source document during City Council deliberations The Apphcatton And The Agreement Specific information from the Application (hke value of new investment and employment commitments) ~s incorporated into the Abatement Agreement In fact, the Application is an attachment to the Agreement Since the agreement is a ,binding contract, it is unportant that each question on the application be answered m full and as realistically as possible Sunply put, the application is part of the process from start to funsh so you'll want to make sure you're comfortable with the contents When Is The Apphcat~on Fznal~ The answer to this question is very sunple When you tell us, "It's final" It is not uncommon for a property owner(s) to st~bmlt numerous Applications as drafts for informational and evaluative purposes only As conversations continue, the property owner will submit a fmahzed version of the Application that includes all of the commitments agre~l to during the discussions What About Confidenttahty ~ Section 312 003 of the Texas Tax Code makes confidential reformation provided to the City as a part of th~s application that describes the specific processes or business activities to be conducted or the equipment or other property to be located on the property This reformation is not subject to public disclosure until the tax abatement agreement is executed Section 522 131 of the Texas Government Code (Texas Pubhe Information Act) makes confidential information which relates to economic development negotiations between the City and a bus~ness prospect that the City seeks to have locate, stay or expand m or near the territory of the City The information must relate to a trade secret of the business prospect, commercial or financial mformatlon which the busmess prospect can demonstrate based on specific factual evidence that disclosure would cause substantial competitive harm to the person from whom the reformation was obtained or reformation about a financial or other incentive being offered to the business prospect by the City or by another person Information about a financial or other incentive being offered to the business prospect is required to be disclosed when an agreement is made with a business prospect The City Is subject to disclosing most records and documents upon request under the Public Information Act Accordingly, please dearly indicate and mark any reformation you consider proprietary Tlas would include anytinng m y6ur apphcatian which you consider a trade secret, commercial or financial information wInch you can demonstrate by specific factual ewdonce that would cause substantml competitive harm ff d~sclnsed, mformaaon which describes the specific processes or business actlwt~es to be conducted or the eqmpment or other property for which the tax abatement ~s sought, any f'manend or other mcenave you may be seelang from the City or any other reformation you deem to be confidenaal under the law Who ts Authorized To Sign the Applwatton~ Because the Apphcatlon itself is non-binding, the person signing need not be the property owner or even an individual duly authorized to sign on behalf of the property owner However, d an Agreement is reached, the Application will be an attachment to the Agreement and its contents will be binding through the authorized signature required on the Agreement City of Denton Tax Abatement Application C~ty of Denton City Manager's Office Denton, Texas 76201 (940) 349-8307 (940) 349-8596 FAX -16- APPLICATION FOR TAX ABATEMENT CITY OF DENTON, TEXAS Property Owner Company or Project Name Mathng Address Telephone I Fax No Contact Name Title Mailing Address Telephone [ Fax No 2 Provide a chronology of plant openings, closing and relocations over the past 15 years 3 Provide a record of mergers and financial restructuring during the past 15 years 4 Will the occupants of the project be owner or lessee9 If lessee, are occupancy commitments already existing? 5 Is the project a relocation of existing facility or a new facthty to expand operations? If relocation, give current location 6 If an existing Denton business, will project result in abandonment of exlstmg facility9 If so, the value of the ex~stmg facility will be subtracted from the value of the new famhty to arrive at total project value 7 Property DescnpUon - Attach a copy of the legal description detaflmg property's metes and bounds - Attach map of proJect including all roadways, land use and zoning wnh~n 500 feet ofsae 8 Current Value Attach copy of latest property tax statement from the Denton County Central Appraisal District (include both real and personal property) 9 Increased Value/Estimated Total Cost of Project Structures $ S~te Development $ Personal Property $ Other Improvements $ 10 Indicate amount of tax abatement and number of years requested for each taxing entity C~ty of DenOn % years Denton Independent School District % years Denton County % years L~st any other fmanmal incentives this project will request/receive Estimated Freeport Exemption $ Emmated Electric Utility Industrial Development Rider $ Esumated Watar/Wastewater Infrastructure Assistance $ 11 Give a brief description of the actlwtlas to be performed at th~s location, ~ncludmg a description of products to be produced and/or services to be provided 12 ProJect Constructton Phase A Estimate percentage of project development and construction dollars to be spent w~th Denton based contractors or sub-contractors Constructton costs $ I Percentage local contractors B Constmctton Employment Estimates Start Date (Mo/Yr) Completion Date (Mo/Yr) No &Construction Jobs Estimated Total Construction Payroll $ C Describe any off-site tnfrastmcture requirements · Water · Wastewater · Streets · Drainage · Other 13 Project Operation Phase Provide employment tnformatlon for the number of years tax abatement Is requested At ProJect Existing Start Date At Term of Employment Informatton Operation (mo/yr) Abatement (ff applicable) / __ A Total number of permanent, full-t~me jobs B Employees transferred from outstde Denton C Net permanent full-trine jobs (A minus B ) E Total annual payroll for all permanent, full-time jobs (A) F Types of jobs created Ltst the job t~tles and number of poslt~ons m each category that w~ll be employed at the facthty Provtde average wage for each category G Estimate annual utthty usage for project Electric $ Water $ Wastewater $ Gas $ 14 Describe any other threct benefits to the City of Denton as a result of this project (e g, sales tax revenue or project elements ldentffied tn Tax Abatement Pohcy, Sectton lid -20- 15 Is property zoned appropriately9 Yes No Current zoning Zoning reqmred for proposed project Anticipated variances l 6 Is property platted? Yes No Will replattmg be necessary Yes No 17 D~scuss any env~ronmantal impacts created by the project A L~st any permits for which applicant must apply Applicant will be required to provide C~ty w~th copies of all applications for environmental permits upon completion of apphcat~on(s) B Provide record of compliance to all environmental regulations for the past five years 18 Provide specific detml of any businesses/residents that will be d~splaced and assistance that will be available from the requesting company 19 Provide description of any historically slgndicant area included within the project's area as determined by the Historic preservation Officer If any, give detail of how the h~stoncally slgmficant area will be preserved 20 Justification for Tax Abatement Request Substantiate and more fully describe the justlficauon for th~s request Include the amount of the abatemant requested and show how ~t will contribute to the financial vlabdity of the project Submit attachments if necessary -21 - 21 List additional abatement factors to be considered for this project as outhned on pages 3 and 4 of the tax abatement pohcy 22 Financial Information Attach a copy of the latest audited financial statement or, in the case of a new project, a business plan This tax abatement application 15 submitted with the acknowledgement that additional certffied financial information may be required Authorized Signature Date -22- ADenda Item /--//~-' AGENDA INFORMATION SHEET AGENDA DATE June 6, 2000 DEPARTMENT Legal Department CM/DCM/ACM Herbert L Prouty, City Attorney SUBJECT - An ordinance authonz]ng the City Manager to execute contracts for professional legal services with the law firms of Strasburger & Price, L L P and the law firm of Bucek & Frank to imtlate and prosecute ht]gat]on agmnst TXU Electric & Gas and to perform other legal services m accordance w~th the contracts for professional legal services, authorizing the expenditure of funds therefor, and providing an effective date PRIOR ACTION - At your April 4, 2000 meeting, you authorized the C~ty's attorneys to ~mtlate bt]gatlon against TXU Electric & Gas ("TXU") to recover dehnquent franchme fees and to prevent TXU Electric from operating w~thln the Ctty on the C~ty's streets and rights-of-way w~thout obtmmng a franchise from the C~ty The ordinance authorized the City Attorney to seek the assmtance of outs]de counsel Due to the fact that th~s lawsmt meets the defimt]on of complex hr]gat]on, may eventually involve multiple parties, involves well over $1 mdllon ~n dtsputed franchise fees, and wall probably be wgorously opposed by TXU, we advised the hmng of outs]de counsel BACKGROUND - After the Council authorized the ht~gat]on agmnst TXU, we contacted a number of law firms that have experience in munm~pal law and the franchise fee utd]ty area to determine ~f they would be interested ~n submitting a proposal to represent the C~ty ~n th~s lmgatmn We received proposals back from four law firms We evaluated the proposals m accordance with the Texas Professional Services Procurement Act, whmh reqmres that contracts be awarded solely on the basra of demonstrated competence and qualfficat~ons for the type of services to be performed The firms were evaluated on the bas~s of resources devoted to the lmgatmn, experience of the firm in ht]gat]ng franchme fee disputes and s~mflar municipal ~ssues, and the overall ht]gatmn approach or plan Based on my evaluation of the proposals, I am recommending that the C~ty employ the Strasburger & Price law firm and the Bucek & Frank law firm to ass]st them in the soluntatmn of other crees to jmn the ht~gat~on and In certain other tasks The reasons for my recommendatmn of these law firms and the selectmn process ~s more fully discussed in the City Attorney's Status Report OPTIONS - The City Council appears to have at least the following options 1 Employ the law firms of Strasburger & Price and Bucek & Frank to ass]st the City Attorney's office in untmt~ng ht]gat~on agmnst TXU to collect the outstanding dehnquent franchise fees and seek a jud]cml determination that TXU needs to obtmn an electric franchise or similar consent from the C~ty Counml to continue to operate w~thln the City of Danton Agenda Information Sheet May 16, 2000 Page 2 2 Proceed with ht~gat~on, but w~th the selection of one of the other firms that submitted a proposal, rather than the recommended firms 3 Proceed w~th llt~gat~on, but submit a new request for proposals to determine ff we can obtmn additional law firms that are quahfied and wllhng to undertake fins ht~gat~on 4 Direct the C~ty Attorney's office to lmtlate litigation w~thout the assmtance of outside counsel I recommend that the Council choose option 1 and approve the ordinance to h~re the law firms of Stmsburger & Price and Bucek & Frank for the reasons set forth here~n and ~n the C~ty Attomey Status Report FISCAL ACTION~EVIEW - We antm~pate th~s will be major lmgat~on which will ~nvolve a considerable amount of our resources and the outside law firm's resources We expect TXU to wgorously defend agtunst tl~s ht~gat~on Based on the not-to-exceed figures m the Contract, the costs to prosecute th~s ht~gat~on could ~nvolve as much as $350,000 ~n legal fees and costs The outside law firms will attempt to offset these legal fees by seeking attorneys' fees and court costs from TXU and seeking other c~t~es to join the ht~gat~on so that costs could be shared on a per capita or some other sort of reasonable propomonal bas~s It ~s antm~pated that the money to fund these expenses will come from the risk management fund Respectfully subrmtted, Herbert L Prout~y~ C~ty Attorney Page 2 ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS FOR PROFESSIONAL LEGAL SERVICES WITH THE LAW FIRM OF STRASBURGER & PRICE, L L P AND THE LAW FIRM OF BUCEK & FRANK, L L P TO INITIATE AND PROSECUTE LITIGATION AGAINST TXU ELECTRIC & GAS AND PERFORM OTHER LEGAL SERVICES IN ACCORDANCE WITH THE CONTRACT FOR PROFESSIONAL LEGAL SERVICES, PROVIDING FOR RETROACTIVE EFFECT, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the C~ty Counc,1, by Ord,nance No 2000-139, authorized the C~ty Attomey to ~mtmte ht~gat~on agmnst TXU Electric & Gas on various franchise ~ssues, and WHEREAS, the ordinance authorized the C~ty Attorney to seek the assistance of outside counsel m prosecuting this complex htlgatlon, and WHEREAS, the City Counc~l deems ~t in the pubhc ,nterest to authorize the h~nng of the law firm of Strasburger & Price and the law firm of Bucek & Frank to pursue th~s ht~gatmn, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the C~ty Manager ~s authorized to execute the respective Contract for Profess,onal Legal Services, substantmlly in the form of the attached contracts, which are made a part of this ordmance for all purposes, w~th the law firms of Strasburger & Price and Bucek & Frank to undertake ht~gat~on agmnst TXU Electr, c & Gas and to perform other legal services as set forth in the attached contracts SECTION 2 That the C~ty Manager ~s authorized to perform the obhgat~ons and expend the funds set forth ~n the attached contracts, ~nclu&ng expending funds on any work done by the firms on the ht~gat~on on or after May 10, 2000 SECTION 3 That th~s orchnance shall become effective ~mmed~ately upon ~ts passage and approval PASSED AND APPROVED this the day of _, 2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY STATE OF TEXAS § COUNTY OF DENTON § CONTRACT FOR PROFESSIONAL LEGAL SERVICES THIS AGREEMENT, made and entered mtn this the ~ day of 2000, by and between Bucck & Frank, L L P, a hmited liability partnership, 2250 State Highway 114 We~, Suite 200 Grapevine, Texas 76051, heremafl~ referred to as "Consultant , and the City of D~nton, Texas, a Texas municipal corporation, 215 East McKirmcy, Denton, T~as 7620 I, har¢lnafl~r referred to as "City" WHERI~AS, City finds It necessary arid appropriate to employ o~ltslde legal counsel to perfonll prof~slonal legal s~rvlces iii ~m,¢ral spec~ahred areas of law pertaining to the filing of litigation against TXU Gas and TX'U Electric to collect delinquent frallChlqe fees and obtain a determmatwn that TXU Ft¢ctnc cannot operate within the City without obtmmng a fi-ancluse or other consent from City, and WHEREAS, Consultant, m ¢ormectlon with this engagement, writ work cooperauvcly and under the dlrectwn of thc law firm of Strasburger & Price, L L P, and WHEILEAS, Consultant In willing to perform such s6a"vlces m a professional manner aa an md~endent contractor, and WHEREAS, City desires to engage Consultant to t*nder the professional services m connection th~rovith, and It ~s smlhng to provide such services, and NOW, THEREFORE m consld~ranon of the promises and the mutual obhgat~ons covenants contained herein, the purees hereto do hereby agree as follows 1 Scov_eofSemce$ Consultant shall perform th~ following semces in a professional maunor working as an independent contractor not under the direct supervision and control of City A Consultant shall p~rform all thoqc profe~ional services set forth m its Ixnposa~ to City dated May 1, 2000 and replaced by the proposal of May 30, 2000 ahch Is incorporated herein by r,farcnc¢ It is understood that Consultmt shall work with and be under the direction of thc law firm of Strasburg~r and Price to assist it with the sohmtatmn of other cities to loin hngation, in discovery, mediation, and coor0ilial~on of thc htigation, m accordance with Consultant's lett~ of proposal and to perform other tasks as may be assigned by ~trasburger & Prme Consultant shall work d~reetly under the direction and control of Strasbarg~ & Price but shall bill City d~rectly for ~ts services and shall be paid for those semces directly by City B Consultant shall, upon reasonable request, bnefth¢ City Council, thc City Manager, the Assistant City Manager/Fiscal and Mumclpal Services, and the D~eetor of Electric Utilities on the progress of the hi, gallon, and shall work closely with the City Attorney's office m coorchnaling and prosecuting the lmgatmn C Consultant shall make all reasonable effo~s to perform all the professional services provided for by this Contract in a timely fashion, and shall complete same m accordance wth the provisions of S~ctton 2 2 Term Consultant and City agree that the ttq-m of this Contract shall be effective as of June 6, 2000 This Contract shall terminate upon the esther of the completion of the professional ~Tvlces contcmplatod hereby or the exhaust:on of the funds proYtded hereby This Contract may be sooner t~mlnated in accordance with thc proYxslons hereof Tune Is of the essence of'this Contract In the event that this engagement becomes reactive for a period of'one year, or If Cotlaultant has no occasion to perform any legal services in connection with ~ matter for a period of one year, this engagement shall be deemed tenmnated unless Consultant and City otherwise a~ee in writing 3 {~ompensat~on and Method of Pav'ment Consultant shall charge the following fees for its professional services hereunder, based on the followng hourly billing rates br the attorneys and support staff'lnvolved in this matter Attorney M~,e Bucek $125 00/hour Attorney Wayne Paul Frank $12.5 00/hour Attorney Robert Diaz $125 00/hour There will bc no travel time blllell for travel bcr*'een D~mon and Grapevine Travel tn'ne to other citl~ thai an: sot,c~ted to join thc litigation will be balled one-way Billable hours per week wall not exceed. 40 hours, and billable hours per month vall not exceed 120 hours All other expenses and fee~ shall bo billed m accordance with Consultant s letter of proposal, except where otherwise expre~ed m flus Contract D Consultant agrees that as additional cities ~om the lmgauon and agree to share the costs alld expenses, tMs Contract wdl be amended to provide for thc payment of the fees of Consultant lh~ough an apportionment among the various plamtlff-c~tles on a per cap~ta or other reasonable basis Consultant and City also rc~erve the right to rcnegotiate the fees m the event the .Iol~ader of additional platnntT-ctties m the hi,gallon causes an increase in the amount of services necessary to successCully prosecute the l~t~gation and perform the legal services or m the event that intensive defense and other litigation tactics by TX'U require adchuonal services not reasonably an~clpated at the time of the execution ol'thls Conlract Regardless of the number of addltlOllaJ c~tie$ that join the htr§at, on, the City of Denton shall remain the lead c~ty in the Contract Fo~ p:ofess~tmal Lellal $¢r'.lces - Page 2 litigation and shall be on any steenng committee that makes key decisions regarding the htigatlon strategy E Consultant's rates shall remain constant and shall not be adJusted dunng the term of this Contract Consultant shall bill attorney time at minimum one-tenth (I) hour increments Consultant will be billing City andIvldually for payment and shall use their best efforts to coordinate efforts so there will not be any duplication of the billing F Consultant will try to reduce costs whenever feasible by utilizing qualified partners, associates, paralegals, and support staff Consultant shall bill the City through the submission of itemized invoices, statements, and other doeumentauon, together with supporting data indicating the progress of the work and the services performed on the basis of monthly statements showing hourly rates indicating who performed the work, what type of work was done, and descriptions and/or details of all services rendered, along with specific description and supporting documentation, If available, respecting any reasonable and necessary out-of- pocket expenses mcurred City intends to pay all undisputed items set forth on any itemized invoice or statement issued hereunder within 30 days of receipt of same from Consultant In the event that City disputes or protests any item of an itemized invoice or statement issued by Consultant under this Contract, it will promptly notify Consultant In writing, wittun 30 days after its receipt of the itemized invoice or statement, specifically describing the item(s) protested or disputed, and ~ts reason(s) for protesting or disputing the item(s) Pending resolution of such dispute, City may withhold payment respecting the disputed item(s) only, and shall otherwise timely pay the remaining undisputed amounts billed to it G, Consultant and City agree that all charges for the legal services provided under this Contract, including all professional services rendered by Consultant, and including direct out-of- pocket expenses, shall not exceed fifty thousand dollars ($50,000 00) H Consultant anticipates that it will make vanous disbursements and incur various internal costs In connection with this engagement, including the payment of witness fees In accordance with its usual practice, City and Consultant agree that disbursements to third parties for local transportation and travel, postage, messengers, commercial pnnting services, bulk photocopymg charges, and other such miscellaneous items, shall be billed to City at actual cost Air travel by Consultant shall be reimbursed to the extent of the applicable coach a~rfare I Consultant shall bill internal support services to City either on a d~rect-cost basis (which Includes a reasonable allocation of overhead directly associated with the provision of service, or in accordance with their standard rates Delivery services, express mall and related couriers, and long-distance telephone expenses are charged at or below the direct cost of the particular service The following support services are charged by Consultant on a flat-rate basis Outgoing telecopler s~ervlces are charged at $I 50 per page, which also Includes all costs for long-distance transmlss~o~n There is no charge for incoming telecop~es to Consultant Photocopies shall be charged to City at the rate of ten cents per page, if the copies are made at Consultant's facilities Computerized legal research is charged at a 20% discount from the computer companies' standard published rate schedules Cot:tract For Professional Legal S,.rx ices - Page 3 J The parties antlclpate invoices or statements for services will be generated on a once- monthly basis by Consultant once they have begun providing servmes and lncurnng expenses on the project at the direction of Consultant Consultant shall send Invoices or statements to City on or about the 15th day of each month C~ty shall make payment to Consultant within 30 days of the receipt of an itemized ~nvmce or statement AIl invoices and bills shall be approved for payment by the City Attomey K It is understood that Consultant shall work under the direction and oversight of the City Attorney L All notices, bdhng statements and invoices shall be made in wntlng and may be given by personal dehve~' or by mail Notices and mvomes sent by mall shall be addressed to Herbert L Prouty, City Attorney, 215 East McKInney, Denton, Texas 76201, as to the City Notices sent by mail shall be addressed to Mike Bucek, Bucek & Frank, 2250 State Highway 114 West, Suite 200, Grapevine, Texas 76051 When so addressed, the notice, invoice, and/or payment shall be deemed given as of three days after its deposit in the United States mall, postage prepaid In all other lnstancas, notices, invoices, and/or payments shall be deemed given at the time of actual delivery Changes may be made in the names and addresses of the responsible person or office to whom notices, invoices, and/or payments are to be sent, provided reasonable written notice is given 4 Professional Competency A Consultant agrees that in the performance of these professional services, It shall be responsible for the level of competency and shall use the same degree of skill and care presently maintained by other practicing professionals performing the same or similar types of work For purposes of this Contract, the key person who will serve as Cxty's point of contact, who IS also responsible for coordinating Consultant's work on the project shall be Mike Bucek, a partner of Consultant However, nothing herein shall restrict Consultant and from using other qualified and competent members of its firm, to perform the services provided for hereto, provided that such delegation of work avoids unnecessary duplication of services or expenses, and reasonably serves C~ty's best interests B All legal documents as well as any legal opinions prepared or obtained under the terms of this Contract are instruments of service and City shall retain ownership and a property interest there~n If this Contract is terminated at any time for any reason prior to payment to Consultant for work under this Contract, all such documents prepared or obtained under the terms of the Contract shall upon termination be delivered to and become the property of City upon request and without restriction on their use or further compensation to Consultant 5 Establishment and Maintenance of Records Full and accurate records shall be ma~talned by Consultant at their respective places of business w~th respect to all matters coveted by this Contract Such records shall be maintained for a period of at least three years after receipt of final payment under this Contract Contract For Professional Legal Sen ~ces - Page 4 6 ~ At any ttme during normal bus~ness hours and upon reasonable not, ce to Consultant, there shall be made available to C~ty all of Consultant's records w~th respect to all matters covered by this Contract Consultant shall penmt C~ty to audit, examine, and to make excerpts, eop~es, or transcripts from such records, and to make audits of contracts, invoices, materials, and other data relating to all matters covered by th~s Contract 7 Aeeomohshment of Promet Consultant shall commence, carry on, and complete any and all projects w~th all practicable d~spatch, ~n a sound, economical and efficient manner, and, m accordance w~th the provis~ons hereof and all apphcable laws In accomphsh~ng the project, Consultant shall take such steps as are appropriate to ensure that the work ~nvolved ~s properly coordinated w~th related work being canned on by City Consultant shall also take all reasonable steps to protect the eonfidenttahty of C~ty's documents, materials, and ~nfonnatton that ~s of a sensmve, competitive, proprietary, or confidential nature, consistent w~th apphcable law concerning professional ethics and responsibility, reahz~ng the value of such anformat~on to C~ty 8 Confl~cts of Interest/Consent of Denton C~ty acknowledges and agrees that Consultant shall remain free to represent ex~st~ng or new chents ~n other matters that are not substantially related to the representation specified m th~s Contract, and which would not revolve any use by Consultant (unless C~ty consents) of any confidential tnfonnanon Consultant have obtained from C~ty m th~s representation If the interests of any other chents m such matters may be adverse to C~ty's anterests, Consultant shall disclose that fact to C~ty C~ty may then authorize such continued representation where the matters are not substantially related to the subject of the present engagement, do not involve any use by Consultant (unless C~ty consents) of any confidential mfonnatton that Consultant have obtained from C~ty dunng tbas engagement, and such representation will not adversely affect the prosecution of ht~gat~on under th~s Contract If C~ty fa~ls to authorize such continued representanon, Consultant agree to d~seont~nue representation of such chents 9 ~ndemmtv and Independent Contractor Relat~onshm A Consultant shall perform all services as an ~ndependent contractor not under the direct supervls~on and control of CRy Nothing herein shall be construed as creating a relationship of employer and employee between the part, es B Caty and Consultant agree to cooperate m the defense of any claims, action, su~t, or proceeding of any kind brought by a third party which may result from or d~rectly or ~nd~rectly arise from any neghgence and/or errors or omissions on the part of Consultant or from any breach of Consultant's obligations under th~s Contract In the event of any htigat~on or clmm under this Contract m wlnch Consultant ~s joined as a party, Consultant shall provide suitable counsel to defend City and Consultant against such claim, prowded Consultant shall have the right to proceed w~th the competent counsel of its own choosing Consultant agrees to defend, mdemmfy and hold harmless C~ty and all of ~ts officers, officials, agents, servants, and employees against any and all sucb claims ~o the extent of coverage by Consultant's professional habtbty pohcy Consultant agrees to pay all expenses, including but not hm~ted to attorney' fees, and to satisfy all judgments wh~cb may be recurred or rendered against Consultant's professional Contract For Pro£ess~onal Legal Serwces - Page habflzty insurance policy Nothing herein constitutes a waiver of any rights or remedies City may have to pursue either at law or in equity, including, without llmltation, a cause ofacUon for damages or loss to City, resulting from Consultant's negligent errors or omissions, or breach of contract, and all such rights and remedies are hereby expressly reserved C Consultant shall maintain and shall be caused to be in force at all times dunng the term of tIus Contract, a legally binding policy of professional liability insurance, listed by Best Rated Carners, with a rating of "A-" or above, issued by an insurance earner approved to do busmess in Texas by the Texas Department of Insurance Such coverage shall cover any claim hereunder occasioned by Consultant's negligent professional act, error or omission, in an amount not less than five hundred thousand dollars ($500,000 00) combined single limit coverage per occurrence In the event of change or cancellation of the pohey by the insurer, Consultant hereby covenants to immediately advise City thereof, and an such event, Consultant shall, prior to the effeettve date of change or cancellation, deliver a copy of a substitute policy furnishing the same coverage Consultant shall provide a copy of such policy as well as the declarations page of the policy, to City through its City Attorney, simultaneously with its executmn of thts Contract 10 Termmatmn of Am'cement A In connection with the work outlined in flus Contract, ~t is agreed and fully understood by Consultant that C~ty may cancel or mdefimtely suspend further work hereunder or terminate thts Contract, with or wtthout cause, at any time upon 20 days written not~ce to Consultant and Consultant shall immediately cease all work being performed under this Contract, unless otherwise instructed by Ctty Consultant may terminate th~s Contract by giving C~ty 20 days written notice that Consultant is no longer in a posltlon to continue representing City Consultant shall invoice City for all work satisfactorily completed and shall be compensated m accordance with the terms of this Contract All reports and other documents, or data, or work related to the project shall become the property of City upon termination of this Contract B This Contract may be alternatively terminated, in whole or zn part, zn writing, by either party, ~n the event of substantial failure by the other party to fulfill its obligations under this Contract through no fault of the terminating party Provided, however, that no such termination may be affected, unless the other party ~s given [1] written notice (delivered by eertffied mall, return receipt requested) of intent to terminate, and not less than 30 calendar days to cure the failure, and [2] an opportunity for consultation with the terminating party prior to term~naUon C Nothing contained herein or elsewhere ~n this Contract shall reqmre City to pay for any work which is unsatisfactory, which has been protested by the C~ty in accordance with the provisions of Article 3 B abov~ or which is not submated in compliance with the terms ofthzs Contract -~ 11 Alternate Dzsrmte Resolution Consultant and C~ty agree that, ~f necessary, they will use their best efforts to resolve any d~sputes that might arise between them regarding the Contract For Professmnal Legal Services - Page 6 Contract through the use of mediation or other forms of alternate dispute resolution as are set forth in Chapter 154 of the Texas Civil Pract,ce and Remedies Code (V A T C S ) 12. Entire Am'cement This Contract represents the entire agreement and understanding between the parties, and any negotiations, proposals, representations, or oral agreements are ,ntended to be integrated herein and to be superseded by this written Contract Any supplement or amendment to this Contract to be effective shall be in writing and signed by the duly-authorized officers and officials of Consultant and City 13, Compliance with Laws The parties shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereafter be amended 14 Governm~ Law For the purpose of determining place of agreement and law governing same, flus Contract is entered into in the City and County of Denton, State of Texas, and shall be governed by the laws of the State of Texas Venue and junsdmtlon of any suit or cause of action arlstng under or in cormectlon with this Contract shall be exclusively in a court of competent.lunsdmtlon sitting in Denton County 15 Dlscnrmnatlon Prohibited In performing the services required hereunder, Consultant shall not dlscnrnmate against any person on the basis of race, color, rehg,on, sex, national ongm or ancestry, age, or physical handicap 16 Personnel A Consultant represents it has or will secure at ,ts own expense all personnel required to perform all the services required under this Contract Such personnel shall not be employees or have any contractual relations with City Consultant shall inform City of any conflict of interest or potential conflict of interest that may arise dunng the term ofthls Contract, in accordance with Consultant's responslbthtles under the Texas Disciplinary Rules of Professional Conduct, as the same may now read or be hereafter amended B All services required hereunder will be performed by Consultant or under Consultant's direct supervision All personnel engaged in work shall be qualified and shall be authorized, permitted, or licensed under applicable state and local laws to perform such services 17 Asslmaabihtv Consultant shall not assign any interest in this Agreement and shall not transfer any interest in this Contract (whether by assignment, novation, or otherwise) without the prior written consent of City thereto 18 Severabditv All agreements and covenants contained herein are severable, and in the event any of them, with the exception of those contained in sections~headed "Scope of Services", and "Compensation and Method of Payment" hereof, shall be held to be lnvahd by any court of competent junsd~ction, this Contract shall be interpreted as though such ~nvahd agreements or covenants were not contained herein Contract For Professional Legal Serv{ces - Page 7 19 Responsibilities for Clmms and Lmbfi]tv Approval by Caty shall not constatute nor be deemed a release of the responsibility and 1,ability of Consultant for the accuracy and competency of its work, nor shall such approval be deemed to be an assumption of such responsibility of C~ty for any defect m any report or other documents prepared by Consultant, their attorneys and employees 20 Modification of Aereement No waiver or mo&fication of tins Contract or of any covenant, condition, or hrmtat~on here,n contained shall be valid unless m writing and duly executed by the par~y to be charged therewith No evidence of any wmver or modification shall be offered or received an evidence m any proceeding arising between the parties hereto out of or affecting tins contract, or the rights or obhgatlons of the parties hereunder, unless such wmver or mo&ficatlon as m wnUng, duly executed as aforesmd The parties further agree that the provisions of tins Artacle shall not be waived as herein set forth 21 ~aotaons The captions of th~s Contract are for mfonnat~onal purposes only and shall not an any way affect the substantave terms or conditions ofthas Contract 22 Bm&ng Effect This Contract shall be binding upon and ~nure to the benefit of the parties hereto and their respective legal representatives, successors, and assagns where permitted by tins Contract IN WITNESS HEREOF, the Caty of Denton, Texas, has executed thts Contract m four original counterparts by and through ~ts duly authorized City Manager, Consultant has executed this Contract by and through its duly authorized undersigned partner, has executed this Contract by and through its duly authorized partner, dated th~s the __ day of ., 2000 CITY OF DENTON, TEXAS By MICHAEL W JEZ, CITY MANAGER ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Contract For Pro£esslonal Legal Services - Page 8 BUCEK & FRANK, L L P Contract For Professmnal Legal Services - Page 9 Bucek & Frank, L L.P Attorney at Law 2250 State Hwy 114 West, State 200 Grapevine, Texas 76051 Phone (817) 949-2161 Fax (817) 906-2043 May 30, 2000 VIA FACSIMILE NO 940-382-7923 Mr Herbert L Prouty C~ty Attorney C~ty of Denton 215 East Mclrdrmey Denton, Texas 76201 Re Professmnal Legal Services Regarding/Contemplated Litigation Agmnst TXU Electric & Gas Dear Herb Th~s proposal preempts any prior oral or written offer from our firm regarding the above referenced subject matter Our firm would be agreeable to assocmt~ng w~th Strasburger & Price, L L P m the above endeavor to seek s~ster cities to jo~n and remmn m a mult~- c~ty case and to perform duties qmte s~m~lar to those I performed dunng the 21-crees ht~gataon agmnst GTE In addition to sohc~tmg c~t~es, thru process would include, but not be hm~ted to, assisting Strasburger & Price m the receipt of ~nformatmn from the reties m response to chscovery requests from TXU, keeping the cltaes ~n the case ~nformed on the status of the ht~gat~on, coorrhnatmg mediation efforts of the trial firm and TXU w~th the c~t~es, as well as asmstmg Strasburger & Price w~th trial preparatmn, strategy and the presentation of the case The manner m whmh these tasks shall be accomphshed w~ll be determined by Strasburger & Price m concert w~th the C~ty Attorney Our fee would be $125 00 per b~llable hour w~th no charge for travel between Denton and Grapewne Travel time to s~ster c~t~es from Grapevine would be b~lled one-way Our b~llable hours per week would not exceed 40 hours and our b~llable hours per month would not exceed 120 hours Long D~stance, Postage and Courier fees and travel expenses outside DFW area w~ll be btlled at the firm's cost Outgoing faxes are charge at $1 25 per page, whach ~ncludes all costs for long-distance transmission There ~s no charge for ~ncommg faxes to our firm Cop~es of documents shall be charged at $10 per page ~f copied m our office I have enclosed the resumes of Wayne Paul Frank and myself as well as the resume of Robert E Dmz, who ~s of counsel to our firm, for your perusal Page 2 May 30, 2000 Should you have any questions concerning our proposal, please give us a call Sincerely yours, BUCEK & FRANK, L L P Mmhael A Bucek Enclosures STATE OF TEXAS § COUNTY OF DENTON § CONTRACT FOR PROFESSIONAL LEGAL SERVICES THIS AGREEMENT, made and entered mto this the __ day of 2000, by and between Strasburger & Price, L L P, a hm~ted hainhty partnership, 901 Mmn Street, Suite 4300, Dallas, Texas 75202-3794, heretnafter referred to as "Consultant", and the C~ty of Denton, Texas, a Texas mumcipal corporation, 215 East McKmney, Denton, Texas 76201, hereinafter referred to as "C~ty" WlTNESSETH WHEREAS, City finds ~t necessary and appropriate to employ outside legal counsel to perform professional legal services m several specmhzed areas of law pertalmng to the fihng of ht~gat~on against TXU Gas and TXU Electric to collect dehnquent franchise fees and obtmn a determination that TXU Electric cannot operate w~tinn the C~ty without obtmmng a francinse or other consent from C~ty, and WHEREAS, Consultant, m connection w~th th~s engagement, will work cooperatively w~th the law firm of Bucek & Frank, L L P to support Consultant ~n the hm~ted area of meeting w~th other mtres winch are ~nterested ~n jo~mng the C~ty ~n tins ht~gatmn, to assist m coordmatmg the ht~gatlon, and m mediation, and WHEREAS, Consultant ~s willing to perform such services ~n a professional manner as an ~ndependent contractor, and WHEREAS, City desires to engage Consultant to render the professional services m connection therewith, and they are wffilng to prowde such services, and NOW, THEREFORE, in cons~deratton of the promises and the mutual obhgatmns covenants contained hereto, the pames hereto do hereby agree as follows 1 Sc0peofServmes Consultant, shall perform the following servmes ~n a professional manner working as an mdependent contractor not under the direct supervision and control of City A Consultant shall serve as lead outside legal counsel to C~ty and provtde legal services to assist City m fihng and prosecuting htlgatmn against TXU Electric & Gas ("TXU") to collect any dehnquent franchise fees found to be owing C~ty by TXU through the authts of D~versffied Utdtty Consultants, Inc, and as may be otherwme determined to be due and owing as a result of thscovery and the ht~gatmn Consultant shall also serve as lead counsel to file and lmt~ate ht~gat~on agmnst TXU Electric to obtmn a judm~al ruhng that TXU Electric ~s operating dlegally wltinn the City w~thout a francinse or s~mdar consent to operate from C~ty's governing body Consultant shall take all action necessary to successfully prosecute the l~t~gatlon, tncludmg seekang injunctive rehef, declaratory judgment rehef, or any other legal or eqmtable remedy Contract For Professional Legal Serwces - Page I against TXU Consultant shall seek reimbursement for court costs, expert witness, and attorneys' fees Consultant agrees that this litigation shall be filed within 30 days of the effective date of this Contract unless the City Attorney agrees to an extension of time for filing B Consultant shall perform all those professional serwces set forth in its proposal to City dated May 4, 2000 and entitled "A Proposal to Serve as Counselor for Litigation Regarding TXU Francluse Fees to the City of Denton", which is incorporated herein by reference Consultant shall work with the law firm ofBucek & Frank L L P to meet with other cities which are interested in joining the litigation, in discovery, mediation, and coordination of the litigation, in accordance with Bucek & Frank, L L P's letter proposal of May 1, 2000, which is incorporated herein by reference and such other tasks as may be assigned by Consultant It is understood and agreed that Bucek & Frank shall work under the direction of Consultant, but that Bucek & Frank shall bill City directly under their separate contract for its services and shall be paid for these services directly by City Consultant is not responsible for the actions or services of Bucek & Frank C Consultant shall, upon reasonable request, bnef the City Council, the City Manager, the Assistant City Manager/Fiscal and Municipal Services, and the Director of Electric Utilities on the progress of the litigation, and shall work closely with the City Attorney's office in coordinating and prosecuting the litigation D Consultant shall make all reasonable efforts to perform all the professional services provided forby this Contract in a timely fashion, and shall complete same in accordance with the provisions of Section 2 2 Term Consultant and City agree that the term of this Contract shall be effective as of June 6, 2000 This Contract shall terminate upon the earlier of the completion of the professional services contemplated hereby or the exhaustion of the funds provided hereby This Contract may be sooner terminated m accordance with the provisions hereof Time is of the essence of flus Contract In the event that this engagement becomes inactive for a period of one year, or if Consultant has no occasion to perform any legal services in connection with this matter for a penod of one year, this engagement shall be deemed terminated unless Consultant and City otherwise agree in writing 3 Compensation and Method of Payment Consultant shall charge the following fees for its professional services hereunder, based on the following hourly billing rates for the attorneys and support stafflnvolved in this matter Attorney Dawd LaBrec $275 00/hour Attorney Ed Walts $265 00/hour Attorney Katie Anderson $185 00/hour Attorney Amle Dutta Puchardson $160 00/hour Any other attorneys or legal support staff of Consultant working on the case will bill at their usual hourly rates, except no hourly rates shall exceed $350 00 per hour Contract For Professional Legal Services - Page 2 A Consultant agrees that as additional cities join the litigation and agree to share the costs and expenses, this Contract will be amended to provide for the payment of the fees of Consultant through an apportionment among the various plaintiff-cities on a per capita or other reasonable bas~s agreed to by the cities Consultant and City also reserve the nght to renegotlate the fees in the event the jmnder of additional plamtlff-c~tles in the htlgatlon causes an increase in the amount of services necessary to prosecute the litigation and perform the legal services or in the event that Intensive defense and other 1rogation tactics by TXU require additional services not reasonably anticipated at the time of the execution of this Contract Regardless of the number of additional cities that join the litigation, the City of Denton shall remain the lead city in the litigation and shall be represented on any steenng committee that makes key decisions regarding the htlgataon strategy B Consultant's rates shall remain constant and shall not be adjusted for one year from the effective date of the Contract Consultant shall bill attorney time at minimum one-tenth (l) hour ancrements Consultant will be billing City individually for payment and shall use their best efforts to coordinate efforts so there will not be any duplication of the billing C Consultant will try to minimize costs whenever leasable by utlhzing qualified partners, associates, paralegals, and support staff Consultant shall bill the City through the submission of itemized invoices, statements, and other documentation, together with supporting data Indicating the progress of the work and the services performed on the basis of monthly statements showmg hourly rates indicating who performed the work, what type of work was done, and descriptions and/or details of all services rendered, along with specific descnptInn and supporting documentation, if avmlable, respecting any reasonable and necessary out-of- pocket expenses recurred City will pay all undisputed items set forth on any itemized invoice or statement issued hereunder wltlun 30 days of receapt of same from Consultant In the event that City dxsputes or protests any Item of an itemized lnvoace or statement issued by Consultant under this Contract, it will promptly notify Consultant in writing, within 30 days after its receapt of the ltermzed invoice or statement, specifically descnblng the item(s) protested or disputed, and its reason(s) for protesting or disputing the Item(s) Pending resolution of such dispute, City may w~thhold payment respecting the disputed item(s) only, and shall otherwise timely pay the remmmng undisputed amounts billed to it D Consultant and City agree that all charges for the legal services provided under this Contract, including all professional services rendered by Consultant, and including direct out-of- pocket expenses, shall not exceed three hundred thousand dollars ($300,000 00) Consultant shall not be further obligated to work on this matter once this limit is exhausted, subject to applicable ethical obligations and court orders, unless the City agrees to increase Consultant's compensation In accordance with this Contract E Consultant anticipates that it will make various disbursements and incur various internal costs in connection with this engagement, including the payment of witness fees, excluding court reporter, expert witness and similar fees In accordance with Consultant's usual practice, City and Consultant agree that disbursements to third parties for local transportation and travel, postage, messengers, commercial pnntlng services, bulk photocopying charges, and Contract For Professional Legal Services - Page 3 other such miscellaneous items, shall be b~lled to C~ty at actual cost A~r travel by Consultant shall be reimbursed to the extent of the apphcable coach mrfare F Consultant shall bill internal support services to C~ty e~ther on a d~rect-cost bas~s (which includes a reasonable allocation of overhead d~rectly assocmted w~th the prows~on of service) or ~n accordance w~th their standard rates Dehvery services, express mml and related couriers, and long-distance telephone expenses are charged at or below the direct cost of the partmular service to the extent that Consultant can detenmne The following support services are charged by Consultant on a flat-rate bas~s Outgoing telecop~er services are charged at $1 50 per page, which also includes all costs for long-d~stance transmission There ~s no charge for mcommg telecop~es to Consultant Photocopies shall be charged to C~ty at the rate of ten cents per page, ffthe copies are made at Consultant's factht~es G The part~es ant~mpate ~nvo~ces or statements for services wall be generated on a once- monthly ,basis by Consultant once they have begun providing services and mcumng expenses on the project at the direction of Consultant Consultant shall send ~nvo~ces or statements to C~ty on or about the 15th day of each month C~ty shall make payment to Consultant w~thm 30 days of the receipt of an ~tem~zed lnvmce or statement All ~nvotces and balls shall be approved for payment by the C~ty Attorney H It ~s understood that Consultant shall work under the ~nstructmn of the C~ty Attorney I All notmes, bdhng statements and ~nvotces shall be made ~n writing and may be g~ven by personal dehvery or by mml Not,ecs and ~nvo~ces sent by mml shall be addressed to Herbert L Prouty, C~ty Attorney, 215 East MclQnney, Denton, Texas 76201, as to the C~ty Notmes sent by marl shall be addressed to Dawd LaBrec, Strasburger & Price, 901 Mmn Street, Suite 4300, Dallas, Texas 75202-3794 When so addressed, the not~ce, ~nvome, and/or payment shall be deemed g~ven as of three days after ~ts deposit ~n the Umted States mml, postage prepmd In all other instances, notmes, invoices, and/or payments shall be deemed g~ven at the t~me of actual delivery Changes may be made ~n the names and addresses of the responsible person or office to whom notmes, ~nvolces, and/or payments are to be sent, prowded reasonable wntten notme ~s given 4 Pr0f0ssmnal Competency A Consultant agrees that m the performance of these professmnal services, n shall be responsible for the level of competancy and shall use the same degree of skdl and care presently mamtmned by other practicing professionals performing the same or s~mdar types of work For purposes of th~s Contract, the key person who w~ll serve as C~ty's point of contact, who ~s also responsible for coordinating Consultant's work on the project shall be Dawd LaBrec, a partner of Consultant However, nothing herem shall restnct Consultant and from using other quahfted and competent members of ~ts firm, to perform the servmes prowded for here~n, prowded that such delegation of work avoids unnecessary duphcatmn of services or expenses, and reasonably serves C~ty's best interests B All legal documents as well as any legal op~mons prepared or obtmned under the terms of ti'ns Contract are ~nstmments of servme and C~ty shall retmn ownership and a property Contract For Professional Legal Services - Page 4 ~nterest therean If th~s Contract ~s terminated at any time for any reason prior to payment to Consultant for work under th~s Contract, all such documents prepared or obtmned under the terms of the Contract shall upon termmatmn be dehvered to and become the property of C~ty upon request and without restriction on their use or further compensation to Consultant 5 Estabhshment and Mmntenance of Records Full and accurate records shall be maintained by Consultant at their respective places of bus~ness w~th respect to all matters covered by th~s Contract Such records shall be malntmned for a period of at least three years after receipt of final payment under this Contract 6 Audtts and Inspection At any t~me during normal business hours and upon reasonable not,ce to Consultant, there shall be made available to C~ty all of Consultant's records w~th respect to all matters covered by th~s Contract w~th respect to th~s C~ty (but not other reties that may join m the ht~gat~on that ~s the subject of th~s Contract) Consultant shall permit C~ty to aucht, examine, and to make excerpts, cop~es, or transcripts from such records, and to make audits of contracts, lnvmces, materials, and other data relating to all matters covered by thru Contract 7 AccomDhshment of Pr~ect Consultant shall commence, carry on, and complete any and all projects, ~n a sound, economical and efficient manner, and, ~n accordance w~th the prov~mons hereof and all apphcable laws In accomphshlng the project, Consultant shall take such steps as are reasonably appropriate to coordinate ~ts work w~th related work being earned on by C~ty Consultant shall also take all reasonable steps to protect the confidentmhty of C~ty's documents, matertals, and information that ~s of a sensitive, competitive, proprietary, or confidential nature, consistent w~th apphcable law concermng professional ethics and respons~blhty, reahzmg the value of such mfonnat~on to City 8 Conflmts of Interest/Consent of Denton C~ty acknowledges and agrees that Consultant shall remmn free to represent ex~stmg or new chents in other matters that are not substantially related to the representation spemfied ~n this Contract, and which would not ~nvolve any use by Consultant (unless C~ty consents) of any confidential ~nformatlon Consultant have obtmned from C~ty an th~s representation If the ~nterests of any clients ~n matters ansang after the date hereof ("new matters") may be adverse to C~ty's ~nterests, Consultant shall disclose that fact to City City may then authorize representation of such new matters where the matters are not substantmlly related to the subject of the present engagement, do not mvolve any use by Consultant (unless C~ty consents) of any confidential ~nformat~on that Consultant have obtained from C~ty dunng ttus engagement, and such representation wltl not adversely affect the prosecutmn ofht~gat~on under th~s Contract C~ty does not respond w~thm fifteen (15) days, C~ty shall be deemed to have agreed to such representation If Cxty fails to authorize such continued representation, Consultant agrees to d~scont~nue representation of such chents m such new matters 9 Indemmtv and Indenendent Contractor Relat~onshm A Consultant shall perform all servmes as an independent contractor not under the direct superv~slon and control of C~ty Nottung herein shall be construed as creating a relatmnshxp of employer and employee between the parties Contract For Professional Legal Servmes - Page 5 B City and Consultant agree to cooperate in the defense of any clmms, action, suit, or proceechng of any kand brought by a tturd party whmh may result from or directly or indirectly arise from any negligence and/or errors or omlss~ons on the part of Consultant or from any breach of Consultant's obhgat~ons under this Contract Consultant agrees that ~t shall remain responsible to City for any errors or omissions in or breach of ~ts performance hereunder, consistent with ~ts obhgatlons under subsection C immediately below Nothing herein constitutes a wmver of any rights or remedaes City may have to pursue e~ther at law or in equity, including, without limitation, a cause of action for damages or loss to City, resultang from Consultant's neghgent errors or omass~ons, or breach of contract, and all such rights and remedaes are hereby expressly reserved C Consultant shall mmntmn and shall cause to be in force at all times dunng the term of this Contract, a legally binding pohcy of professional habthty ansurance covering any clmm hereunder occasioned by Consultant's neghgent professional act, error or omission, in an amount not less than one mllhon dollars ($1,000,000 00) combined s~ngle hmlt coverage per occurrence In the event of change or cancellation of the pohcy by the ~nsurer, Consultant hereby covenants to immediately advise City thereof, and m such event, Consultant shall, prior to the effectave date of change or cancellataon, dehver a copy of a substatute pohcy fumash~ng the same coverage Consultant shall provide a copy of the declarataons page of the policy, to City through ars C~ty Attorney, smaultaneously with its executaon of thas Contract 10 Termination of A~reement A In connectaon with the work outlined in this Contract, ~t ~s agreed and fully understood by Consultant that C~ty may cancel or ~ndefimtely suspend further work hereunder or terminate tbas Contract, w~th or w~thout cause, at any time upon 20 days written notice to Consultant, and Consultant shall lmmedmtely cease all work being performed under this Contract, unless otherwise instructed m writing by City or by court order Consultant may termanate tbas Contract by g~vlng City 20 days written notme that Consultant ~s no longer in a posataon to contanue representing Caty Consultant shall lnvmce City for all work satisfactorily completed and shall be compensated m accordance w~th the terms of this Contract All reports and other documents, or data, or work related to the project shall become the property of C~ty upon termmat~on of thru Contract B This Contract may be alternatively terminated, in whole or ~n part, ~n writing, by e~ther party, ~n the event of substantml failure by the other party to fulfill ~ts obligations under this Contract through no fault of the termmat~ng party Provided, however, that no such termlnataon may be effected, unless Caty or Consultant is g~ven [1] wntten notme (dehvered by cemfied mml, return receipt requested) of ~ntent to termanate, and not less than 30 calendar days to cure the fmlure, and [2] an opportunity for consultatmn with the terminating party pnor to termanatmn C Nothing contmned here~n or elsewhere ~n thru Contract shall require C~ty to pay for any work an accordance with the provas~ons of Article 3 above which has been protested by the City, or whach ~s not submatted ~n comphance w~th the terms of thru Contract Contract For Professional Legal Services - Page 6 11 Alternate Dlsnute Resolution Consultant and City agree that, if necessary, they will use their best efforts to resolve any disputes that might arise between them regarding the Contract through the use of mediation or other forms of alternate dispute resolution as are set forth in Chapter 154 of the Texas Civil Practice and Remedies Code (V A T C S ) 12 EnBre A~reement This Contract represents the entire agreement and understanding between the parhes, and any negotiations, proposals, representations, or oral agreements are intended to be integrated herein and to be superseded by th~s written Contract Any supplement or amendment to this Contract to be effective shall be in writing and s~gned by the duly-authorized officers of Consultant and City 13 Compliance with Laws The parties shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereafter be amended 14 Governm~ Law For the purpose of determining place of agreement and law governing same, this Contract is entered into in the City and County of Denton, State of Texas, and shall be governed by the laws of the State of Texas Venue and junsdmtlon of any suit or cause of action arising under or an connectmn with this Contract shall be exclusively in a court of competent junsdmtaon sitting in Denton County 15 Discrimination Prohibited In performing the services required hereunder, Consultant shall not dascnrmnate agmnst any person on the basis of race, color, rehglon, sex, national ongan or ancestry, age, or physmal handicap 16 Personnel A Consultant represents that at has or will secure at its own expense all personnel required to perform all the services required of Consultant under this Contract Such personnel shall not be employees or have any contractual relations with City Consultant shall Inform City of any conflict of interest or potential conflict of interest that may arise during the term of this Contract, m accordance with Consultant's responsibilities under the Texas Dlsmphnary Rules of Professional Conduct, as the same may now read or be hereafter amended B All services required hereunder will be performed by Consultant All personnel engaged an work shall be qualified and shall be authorized, permitted, or licensed under apphcable state and local laws to perform such services 17 Assmnabflatv Consultant shall not assign any interest in this Agreement and shall not transfer any interest in this Contract (whether by assignment, novation, or otherwise) without the prior written consent of City thereto 18 Severablhtv All agreements and covenants contained herein are severable, and in the event any of them, with the exception of those contained in sections headed "Scope of Services", and "Compensation and Method of Payment" hereof, shall be held to be lnvahd by any court of competent junsdmtaon, this Contract shall be interpreted as though such invalid agreements or covenants were not contmned herem Contract For Professional Legal Services - Page 7 19 Resp0mlbllltles for Clams and Llablhtv Approval by City shall not constitute nor be deemed a release of the responsibility and hablhty of Consultant for the accuracy and competency of its work, nor shall such approval be deemed to be an assumption of such responsibility of City for any defect in any report or other documents prepared by Consultant, their attorneys and employees 20 Modification of Am'cement No waver or modlfcatlon of this Contract or of any covenant, condition, or hmltatlon herein contained shall be valid unless ~n writing and duly executed by the party to be charged therewith No evidence of any waiver or modification shall be offered or received in evidence in any proceeding ansmg between the parties hereto out of or affecting this contract, or the rights or obligations of the parties hereunder, unless such waver or modification is m wntmg, duly executed as aforesad The parties further agree that the provisions of this Article shall not be waved as herein set forth 21 Captions The captions of this Contract are for informational purposes only and shall not m any way affect the substantive terms or conditions oftfus Contract 22 Bmdl!lg._Effect This Contract shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors, and assigns where permitted by this Contract IN WITNESS HEREOF, the City of Denton, Texas, has executed this Contract m four ongmal counterparts by and through its duly authorized City Manager, Consultant has executed this Contract by and through its duly anthonzed undersigned partner has executed this Contract by and through its duly authorized partner, dated this the day of ,2000 CITY OF DENTON, TEXAS By MICHAEL W JEZ, CITY MANAGER ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By/~~C~~ Contract For Professional Legal Servmes - Page 8 STRASBURGER & PRICE, L L P By DAVID J LABREC, PARTNER Contract For Professional Legal Servmes - Page THE TEXAS LAWYER'S CREED- A MANDATE FOR PROFESSIONALISM Adopted November 7, 1989 Table of Contents ORDER OF ADOPTION I Our Legal System II Lawyer to Client THE TEXAS LAWYER'S CREED-A MANDATE FOR III Lawyer to Lawyer PROFESSIONALISM IV Lawyer to Judge ORDER OF ADOPTION The conduct of a lawyer should be characterized at voluntary compliance, secondarily upon re-enforcemem all tunes by honesty, candor, and fa,mess In fulfilling by peer pressure and pubhc oplmon, and finally when Ins or her plnmary duty to a client, a lawyer must be necessary by enforcement by the courts through their ever nnndful of the professiou's broader duty to the mherem powers and rules already in existence legal system These standards are not a set of rules that lawyers The Supreme Court of Texas and the Court of can use and abuse to incite ancillary btiganon or Crmunal Appeals are comm~ted to ebmr~ting a argumentsoverwhetherornottheyhavebeenobserved practice in our State by a annonty of lawyers ofabuswe We must always be re,nd ful that the practice of law tactics which have surfaced m many parts of our lsaprofesslon As members of a learned an we pursue country We believe such tactics are a thsservlce to our a common calling m the sprat of public serwce We mt~zens, harmful to chants, and demeaning to our have a proud tradmon Throughout the history of our profession nation, the members of our citizenry have loo~d to the The abusive tactics range from lack of Ctvlhty to ranks of our profession for leadarship and guidance Let outright hostlhty and obstructiomsm Such behavror us now as a profession each redethcate ourselves to does not serve justace but tends to delay and often deny practice law so we can restore public confidence m our justice The lawyers who use abusive tacUcs ms!e!fl of profession, faithfully serve our clients, and fulfill our being part of the solution have become part of the responsibility to the legal system problem The Supreme Court of Texas and the Court of The desire for respect and confidence by lawyers Cmmnal Appeals hereby promulgate and adopt "The from the pubh¢ should provide the members of our Texas Lawyer's Creed-A Mandate for Professionalism" profession w~th the necessary mcenuve to attain the as attached hereto and made a pan hereof highest degree of etl~cal and professional conduct In Chambers, th~s 7thday of November, 1989 These roles are pr~m.r~ly asplratlonal Comphance w~th the rules depends primarily upon uaderstanthng and THE TEXAS LAWYER'S CREED-A MANDATE FOR PROFESSIONALISM I am a lawyer I am entrusted by the People of Professional Conduct. but I know that professionalism Texas to preserve and improve our legal system I am requires more than merely avoiding the violation of laws licensed by the Supreme Court of Texas I must and rules I am committed to this creed for no other therefore abide by the Texas Dismphnary Rules of reason than It Is right TEXAS LAWYER'S CREED I OUR LEGAL SYSTEM ngin to instruct me to refuse reasonable requests made A lawyer owes to the admnllstratlon of justice by other counsel persoual digmty, integrity, and mdepenl~ence A lawyer 11 I vail advise my client regarding the availainl- should always adhere to the lughest pnnmples of lty of mediation, arintmtlon, and other alternative professIouahsm methods of resolving and settling thsputes 1 I am passiouately proud of my profession III LAWYER TO LAWYER Therefore, "My word is my bond" 2 I am responsible to assure that all persons have A lawyer owes to opposmg counsel, in the conduct access to competent representation regardless of wealth of legal transactions and the pursmt of litigation, or position in life courtesy, candor, cooperation, and scrupulous obser- 3 I conumt myself to an adequate and effecuve vance of all agreements and mutual understandings I11 feelings between clients shall not Influence a lawyer's pro bono program 4 I am obligated to educate my clients, the conduct, attitude, or demeanor toward opposing counsel A lawyer shall not engage tn unprofessional public, and other lawyers regarthng the spirit and letter of tinsCreed conduct m retaliation against other unprofessional 5 I vail always be conscious of my duty to the conduct 1 I vail be courteous, civil, and prompt m oral judicial system and written commumcatlons II LAWYER TO CLIENT 2 I vail not quarrel over matters of form or style, but I vail concentrate on matters of substance A lawyer owes to a client allegiance, learmng, sell, and industry A lawyer shall employ all appropn- 3 I will identify for other counsel or parties all ate legal means to protect and advance the client's changes I have made m documents subrmtted for rewew legltunate rights, ulanns, and objectives A lawyer shall 4 I vail attempt to prepare documents winch not be deterred by any real or mmgmed fear ofjuthClal correctly reflect the agreement of the pames I vall not disfavor or public tmpopulanty, nor be influenced by include provisions winch have not been agreed upon or mere self. interest onut provisions which are necessary to reflect the 1 I vail advise my client of the contents of tins agreement of the pames creed when undertaking representation 5 I vail nouf-y opposing counsel, and, if 2 I vail endeavor to acineve my chent's lawful appropriate, the Court or other persons, as soon as practicable, when heanngs, deposmons, meetings, objectives in legal ~tmns and m lmgatlon as quickly and econowacally as possible conferences or closings are cancelled 3 I vail be loyal and comrmtted to my client's 6 I vail agree to reasonable requests for exten- lawful objectives, but I will not permit that loyalty and sions of tune and for waiver of procedural formalities, comm*tment to interfere vath my duty to provide provided legmraate objecUves of my client vail not be obJective and independent advice adversely affected 4 I will advise my client that civility and courtesy ? I vail not serve motions or plea&ngs in any are expected and are not a sign of weft, ness manner that unfairly lmuts another party's opportumty 5 I w~ll advise my client of proper and expected to respond 8 I vail attempt to resolve by agreement my behavior 6 I will treat adverse parties and vamesses with obJections to matters contained In pleadings and fairness and due consideration A client has no ngin to discovery requests and responses demand that I abuse anyone or indulge in any offensive 9 I can disagree vathour being disagreeable I conduct recogmze that effective representation does not reqmre 7 I will advise my client that we vail not pursue antagomsnc or obnoxious behavior I wall neither conduct winch IS mtendnd pvmarQy to harass or drain encourage nor knowingly penmt my client or anyone under my control to do anything winch would be the financial resources of the opposing party unethical or unproper if done by me 8 I will advise my client that we w~ll not pursue 10 I vail not, vathout good cause, atmbute bad tactics winch are intended primarily for delay motives or unetincal conduct to opposing counsel nor 9 I vail advise my client that we vail not pursue bnng the profession Into disrepute by unfounded any course of action winch is vathout merit 10 I will advise my client that I reserve the right accusations of unpropnety I vail avoid disparaging to determine whether to grant accommodaQons to personal remarks or acrimony towards opposing counsel, parties and vatnesses I vall not be influenced opposing counsel in all matters that do not adversely by any ill feeling between clients I vail abstmn from affect my client's lawful objectives A client has no ~54954 liSPOi2~1211OlO$11ffZO~O anyallus~onwperso~pecullarinesorld~osyncraslesof 18 I vail not seek Court intervennon to obaun oppusmg aouusel thscovery winch is clearly improper and not 11 I will not take advantage, by causing any discoverable default or disnussal to be rendered, when I know the 19 I vail not seek sanctions or thsquallflcation identity of, an opposing counsel, vathout first lnqumng un]ess it is necessary for protection of my client's lawful about that counsel's retention to proceed objectives or is fully justified by the circum~taaces 12 I will promptly submit orders to the Court I will deliver copies to opposing counsel before or IV LAWYER AND JUDGE contemporaneously vath submission to the Court I vail Lawyers and judges owe each other respect, promptly approve the form of orders winch accurately diligence, candor, punctuality, and protection agarast reflect the substance of the rulings of the Court unjust and tmproper cnnclsm and attack Lawyers and 13 I vail not attempt to gmn an unfmr advantage judges are equally responsible to protect the dignity and by senthng the Court or Its staff correspondence or independence of the Court and the profession copies of correspondence 1 I will always recogmze that the position of 14- I will not arbitrarily schedule a deposmon, judge Is the symbol of both the judicial system and court appearance, or heanng until a good f',nth effort has adnumstraaon of justice I vail refr~n fi`om conduct been made to schedule it by agreement that degrades flus symbol 1 $ I vail readily stipulate to undisputed facts in 2 I will conduct myself tn Court in a professional order to avoid needless costs or laconvemence for any manner and demonstrate my respect for the Court and party the law 16 I will refrain fi`om excessive and abusive 3 I will treat counsel, opposing parties, the chscovery Court, and members of the Court staff with courtesy and 17 I will comply with all reasonable discovery clvlhty requests I will not resist discovery requests winch are 4 I will be punctual not objectionable I will not mak~ obJeCtions nor give 5 I will not engage in any conduct which offends instructions to a witness for the purpose of delaying or the thgmty and decorum of proceedings obstroctmg the thscovery process I will encourage 6 ~ I will not knowingly ncnsrepresent, mischarac- w~messes t~ respond to all deposmOn questions winch tenze,, misquote or m~scite facts or authormes to gum aa are reasonably imderstandable I vail neither encourage advantage nor permit my witness to quibble about words where 7 - I will respect the mhngs of the Court their meamnS is reasonably clear 8 I vail give the issues m controversy dehb~rate, impartial and studied nnalysls and consideration 9 I will be considerate of the time constraints and pressures imposed upon the Court, Court staff and counsel m efforts to admxmster ,lustxce and resolve disputes 554954 I/SPO/~9121/0103/1020~ Agenda No Agenda Item AGENDA INFORMATION SHEET Date AGEI~IDA DATE. June 6, 2000 DEPARTMENT. City Manager's Office CM. M~ke Jez, Cxty Manager SUBJECT Consider an appointment to the Transportation Excellence for the 21st Century Committee and authorize related expenses for that appointment BACKGROUND The Transportation Excellence for the 21"t Cerltury Committee (TEX-21) ~s a coaht~on of local elected officmls and others who are working together to examine the transportation challenges facing the State and develop recommended solutions Jack Miller has been statew~de chmr along w~th Irving Council Member L]nda Harper Brown smce the Committee's mcepUon m August 1999 He has been asked by the Committee to continue as statew~de chmr and I think it rmght be m the best ~nterest of the City to have Jack fimsh bas term as chmr wbach expires at the end of June Council would also need to approve the expenthture of funds for any travel and related expenses Tbas appointment would not preclude ~nterested council members or staff fi'om also being ~nvolved If you reqmre any further ~nfonnaUon, please let me know l~ct fully s~mltt~ ~V[lke Jez /[ · C~ty Man~gtrr May 25, 20O0 Dear Counefl Members, As residents within 200 feet of the proposed "Bed & Breakfast" on I'.fllmn Mailer (Case Z-99-092), we would hke to see the followmg mmlm~lm condmons placed on the PD to protect our investments (which total more than Mr Moore's) and way ofhfe As it m unhkely the property would be developed as single fAnnly resulents (as most of us were told when we purchased our propemes), we feel that a Bed & Breakfast may be a next best use of the land 1 ) Restanrsnt Usage l.lm~ted to those staying at the property and their personally mvited guests Dnmer service hm~ted to Thursdays, Fridays, and Saturdays (Tlus Is what Mr Moore proposed during an early neighborhood meeting that he used to dtscuss the development We were very unhappy to see a omla~eral reduction in hm~tatlmls by P&Z ) ffthe rezomng request had been for commercial ese, a restaurant would never even be considered m the hst of uses - so why should one be added m tins case? 2) Dmmg Capacity The current 40 se~ capacity restaurant isn't acceptable (36 was proposed at the earher meeting) As dmmg would be hm:t~ed to those staying there, 30 ~s more than needed, considering mn~ple seatmgs are possible Controls on allowable capacity should be possible without,changing the desigu or look of the braiding (fire department restrictions, notes m PD, or sectmnmg part of drams area as a "h'brary" or "seating area" w~out actual walls) "Avadable parking spaces" ~s not a proper hm~t to the capaoity as people wdl find places to park 3) Pool/Spa Usage We are concerned with noise - PS~Z arbitrarily recommended weekday hours untd 10 ,pm and weekends at 1 lpm. Other faclhtles have earher caps and are not up against homes (see attached survey) - we propose 9 pm and 10 pm respectrvely 4) Facthty Usage for Events We are concerned with no~se, late traffic m and out ofthe property, and proposed avadab~hty of alcohol We would hke to see outdoor events hm~ted to a reasonable tnno (9 pm during week and 10 pm on Fn/Sat) Most homes have their bedrooms facmg the property and ~ts outdoor events area Indoor events could offer later resmctlons, as~mm$ nmse ~s held under control Although we have not seen the final reco~u~endaUons from the P&Z Meetmg, we ass~me that a hedges, fenees, or berms ~ be required m the drive and parking lot area to prevent headlamps from ~hmmg mto windows of neighboring homes- m accordance voth standard ordmances We need to ensure controls are m the PD now to cover us m the near term and m the future should Mr Moore, for any reason, decide not to develop the property or should he sell the development down the road We can accept a Bed & Breakfast - NOT a Hotel, Restaurant, & Banquet Faohty We requested a Neighborhood meeting with Mr Moore (Mr Gray tried to arrange) m advance of the City Council meeting m an attempt to negotiate a wm-wm proposal Per Mr Gray, Mr Moore declined to hold a neighborhood meeting - only wiling to dmcuss ~ssues on an md~adual barns We thank you m advance fo~r assisting us m making tlus a win-win propo~tion ~ POOL HOURS A survey of weekend pool hours of othor hotels and selected apartment complexes along [-3 5 Ho~els Hohday Inn 10 am to 10 pm La Qumta 9 am to lO pm Radmson 9 am to 10 pm Ramada Inn 10 am to 10 pm Apartmeats Paces Crossmg 10 am to 10 pm La Colma 10 am to 10 pm Sunburst Place H 9 am to 10 pm Ramsgate 9 am to 10 pm NAME: ADDRESS: PHONE' SIGNATURE " NAME: ADDRESS: PHONE: SIGNATURE To Denton Cttv Council CIO Thnm~ ~'~tsv Viz Fair g40-'~4g.77~7 ~rom 1a~on ~d L~a Daw~ D~c June 6. 2000 Re C~e Z-99-092 Zomng requent chanae got 4 3 acres My wife and I have r~tly purc~s~ a !~[ at 709 L~ay~e ~hat bac~s uV to the ~rooosed Bed & Breast s~te ~er spewing w~rh C~ol~ Moore, we ~e generally m a~ment on h~ intended use tot th~ s~te but we are ~n~med about what the intended use could evolve ~nto My ~lfe ~ I t~ a ~nvent~onal B~ & BreaSt ~) ts a Rood use for the s~te ~d we would have no obje~mns how=v~, we are concerned about tM d~nmon of "Bed & Br~ast We have may=d In sever~ B&B's ~d have our own idea of what one should be We d~ne a B&B as foUows A ~r~te home that ~lows ~ests to sleeo m a bed room m the hou~ and thru guest is se~ed bre~t the ne= mormng The proposed ~ d~ffers on a number of Domt~ Note I The zomng ~or a house ~s residential So a zomn~ c~ge shouldn't be n~ess~ 2 ~ests =e se~ed br~t ~ot lush and d~er N~ a Re.aurar 3 No where m our de~on is thee any m~t~on of renting tt out t~r panms O~ pnm~ conceln ts no~ level It should not be reined out to w~dlflg receptions, rehear~l dtm~s, r~umoz~s and the like Conmder how long =~d loud the r=ccpt~ons are at the Demon Coum~ Club. now picture it being outside your b~k y=d No one wants their new.bors acnons to dete~e when they ~n go to b~ at mght Our seconda~ concern is about the pOSSlbthW of t~s beco~ a ~staurant oubh~=nvate dub or any other public or v~e gathenng s~te Pl~e r~h~ a ' B~ and Br~t" should be considered a private residence ("a Homd') &st ~d foremo~ Thus Ifth~ owner of the home ~t~ ~o have a b~g ou$ ~or pa~ tbr thew o~ b~hday, their dau~ter's weddln~ ~c then do ~t lust don't rent your home DUi to the pubhc to ~ve th~ pa~y m your backed conm~tly &smrbmg thc p~acc of the net~borhood We would hke to vot~ for the B&B ~ long as C~W Councd ~1 put the ap~opnmc resmcuons to accommodate our concerns Sine.ely Jaso~ ~av~s CONSIDERATIONS, RECOMMENDATIONS~ AND CONTACTS East MeKanney Street ~s designated as a State of Texas "Farm-to-Market" road (FM-426) Th~s has caused the city to await state funding for East MeKmney Approximately $250,000 total has been budgeted for right-of-way/easement purchase along East McK~nney Unfortunately, actual expansion to four- or five-lanes ~s not planned until at least 2004 By contrast, the roadway directly ~n front of the new County Courthouse (wtuch ~s also FM-426), had the same state roadway status, but it received city and county emphas~s and resulted ~n the widening of East McKmney to four lanes just west of the Woodrow/Audra ~nterseet~on That happened qmckly and needs to be done again for l~ast McK~nney east of Woodrow/Audra Several D I S D schools and e~ty parks m our neighborhood generate high frequency, cbald-passenger laden traffic Lee Elementary School is on Mack Dr just north of East MeK~nney The new D I S D Sulhvan-Keller Child Development Center just broke ground on Audra Lane, just north of East Mcganney and wall also generate traffic B~lly Ryan I-hgh School is east of Loop 288, also on ~East Mcganney Additionally, the Mack Park and Roberts F~eld baseball, soccer, tenms, and general recreation parks straddle both s~des of East MeKtnney near the Mack Drive ~nterseet~on and each generate substantial entry/exit traffic Th~s level and type of traffic demands widening to a four- or five-lane street sooner than 2004 A new, 170-umt apartment complex just east of the newly proposed rezonmg site has not yet opened for residents but ~t w~ll very soon It w~ll generate untold amounts of new traffic, congestion, and accidents The full impact of that new traffic should receive ume to assess and rewew before city council action to create even more office, commercial, or mufu-faanly properties through rezomng It Is noteworthy that that particular developer was required to pave East McKinney w~th an east-bound left-turn lane for traffic going into the apartments That action, coupled w~th the reqmrement for a side-walk the full length o£the property is the right precedent to follow but ~s only a planmng band-md approach to the greater need for four lanes the entire way along East MeKmney The "Mack" house property has been zoned "SF-7" for some t~me Under that zomng, a s~ngte-fam~ly residence is pertm~ted It has been known for a long time that m aetuahty, three residences (the m~un house, a garage apartment, and a smgle-fatmly dwelhng facing Mack Dr ) ex~st on the property Tlus request for "Planned Development" zomng ~s being used to pernut rmxed-us, res~denttal and office space on the same parcel of land Another approach that would better reflect the stated mtent~ons of the Kelseys would be to replat the land parcel ~nto two p~eces The parcel being spht off and remaining w~th the "SF-7" zomng should be that small s~ngle-fam~ly residence facing Mack Dr Such a move by the city would mmntmn the legal designation as well as the neighborhood cultural ~ntegrity of all SF-7 zoning facing Mack Dr. The rem~umng much larger parcel of land would then be the mare "Mack" house and land for offices and parlang under a "PD" or "O" (Office-use) zoning w~th 1ts accesses restricted to those facing East McKmney Street RECOMMENDATIONS FOR IMMEDIATE ACTION. 1 Wr~te and submit your opposition to the rezomng request as currently packaged. 2 Attend the neighborhood meeting at Lee Elementary, 6'30PM Monday, May 8th. $ Attend the Planmng and Zomng Commission meeting Jn Councd Chambers, C~ty Hall, 6.00PM Wednesday, May 10th 4. Express your concerns about East McKmney Street that otherwase wdl not be ~mproved by the State of Texas Department of Trnnsportat~on untd the year 2004. 5 Express your desires for a traffic s,gnal at the Mack Dr~ve intersection 6 Express your desire for maintaining only SF-7 zomng on Mack Dr~ve. CONCERNED CITIZENS IN OUR NEIGHBORHOOD. Erac and Mary Ellen Janssen, 413 Fox Creek Court, HP 382-0392 Melvin and Prascdla Fudge, 312 Mack Dr~ve, HP 591-0081 Bryan and Joy Robinson, 409 Fox Creek Court, HP 381-0466 Tom and Sarah Sdva, 2201 Longmeadow Drive, HP 387-7135 SUMMARY OF ATTACHMENTS Attachment 1: C,ty ordmance Section 35-7 (b)(5) allows property owners v~thm 200 feet to register written opposlt,on to the rezomng If "twenty (20) percent or more" oppose rezomng, then xt will not occur unless "a favorable vote of three-fourths of all members of the e~ty counctl" (super-majority) occurs (Document Source City Planmng Department, Dehra V~era) Attaf, hlRealt_~ Portxons of the "1999 City of Denton Traffic Count Map" produced by the Engmeenng and Transportat,on OIS, dated May 6, 1999 md~cates enormous traffic statxst,es on East McKmney Street Statistics for the east side of the McK~nney/Woodrow/Audra ,ntersect~on show 23,007 vehicles per day For perspective, that ,s w~thin 4% ofbe,ng the same as traffic counted at the ~ntersect~on of Umversity/Old North Road (23,993/day) and the Umvers,ty/Malone (23,908/day) ~ntersectlon It exceeds by over 10% the traffe counted at Dlhan M~ller and 1-35E (20,898/day) It also exceeds by 4% the traffic on Carroll Blvd (22,103/day) just south of Umvers~ty Dr (Map Source City Transportation Department, Scott Wilson) Attm'hment 3 (not included but avadahle for review): C~ty of Denton Pohce Department Intersection Accident Detatls statxst~cs for 1998 and the first 11 months of 1999 mdlcate just how dangerous our East McK~nney ,ntersect~ons are For the 23-month period, the East McKmney/Woodrow/Audra intersection registered 27 accidents The East MeKmney/Loop 288 ,ntersect,on registered 22 accidents I do not have statist,cs for all the various Intersections along East MeKmney However, it goes vathout saying to all the neighbors along the entire stretch of road that res,dents encounter very lengthy delays trying to safely turn onto the "one lane-each way" East McKmney Street Also, we've all w~tnessed the "shoulder-passers" who speed past on the right shoulder adjacent to traffic (mcludxng school buses) stopped m the only traffic lane while wtutmg to turn left (Data Source C~ty Pohce Department Records Section, Renae Bradley) Attachment 4 (not included but avmlable for rewew): C~ty of Denton F~re Department Activity Report for all of 1998 and the first three quarters of 1999 indicate just how busy F~re Station #2 (East McKtnney at Moclangb~rd Lane) really is For the 22-month period, 6,525 vetuele eallout responses (fire engqne or med, e vel~ele) eyated the doors of Stat, on #2 onto East M¢ICanney Street My conversations vath F~re Station #2 personnel revealed that probably half of all callouts require driving west on East Moganney, many to the County Jarl which ~s s~tuated m Fire D~striet #2 The personnel acknowledged sometames hawng to dave on the shoulder or m the opposing lane of traffic on East McKmney due to traffic levels and congestion (Data Source C~ty F~re Department, Cbaef Cole) ~ttaehment ~ (not included but avn,lnhle for pubhc wew~ng near the mayor's office): The C~ty of Denton Land Use Plan Forecast Maps were posted on the wall of the "Counctl Work Sesston Room" just steps from the mayor's and city manager's offices The Land Use Plan reveals the extstang land bordered by East McKmney on the south, Audra on the west and north, and Loop 288 on the east as reszdant~al Nearly 80% ~s ex, sting res~dentml expeet,ng more "m-fill" of homes Another 20% ~s vacant land and also ctted for "new neighborhood center" On the south side of East McKmney between Woodrow and Loop 288, the Plan anticipates 25% for "mixed use" The largest amount being 75% is slated for "single and multi- family residential" use A new 9-acre, 170-umt apartment complex directly east and bordenng the "Mack" house proposed rezomng plot will generate a very large increase in East McKanney traffic A total of 48 acres of land between Woodrow Lane and Loop 288 with actual East Mc~nney from footage is currently posted for sale Attachment 6 (not ~neluded but also avadable for public wewing ~n the same room near the mayor's office ): The City of Denton Population Forecast Maps (posted in the same location as the Land Use Plan maps) reveal enormous population growth forecasts of 10,000+ for the land east of Loop 288 on either side of East McKinney Another 9,500+ residents are expected ko fill m either side of East McKmney between Mayhill Rd and the Courthouse Square For all the residents in tins growth area, East McKmney Street serves as the pnnciple transportaUon connection with downtown, the umverslues, and the new county courthouse area Attachment 7: The 200 foot and 500 foot proydnnty property owner lists are generated by the city for required and courtesy notifications of owners near proposed rezomngs The "within 200 foot" owners are the ones whose written opposition can tagger the requirement for "supermajonty' passage ora rezomng application Twenty percent (I believe it's 7 in this case) must submit their opposition in writing The "within 500 foot" owners are contacted as a courtesy by the city and obviously will defimtely deserve to also be heard at all public meetings including the Planmng and Zoning Commission and City Council meetings (Notification Lists Source C~ty Planning Department, Debra Vlera) Attachment 8: The city's "Notice ofPubhc Heanng #Z-00-005" is the mechanism for neighbors,to register approval or opposition to the proposed rezomng I've repnnted it for those within the 200' zone in case you have changed your mind regarding approving the rezomng If you haven't yet submitted your written input, I suggest you hand-carry. ~t to Debra V~era in the City Plannm_~ Department (yellow bnek building on Elm, just north of the Square) She must have your m.nut on or before 4.00PM: Wednesday: May 10th in order to properly determine the City Council vote marion reqmred for approval Attaghmmltgx The city officials with controlling votes on the issue are the members of our City Council and the Planmng and Zoning Commission Repnnts of my most recent lists of those officials is for your reference and use in contacting any or all such officials (Source City) June 6. 2000 To The Honorable Mayor, Euhne Brock The Honorable City Council Members, Mark Burroughs Rom Beasley Sandy Knstoferson M~ke Cochran Carl Young Ned Durrance Re The proposed bed and breakfast on Ldhan Miller Parkway to be built and occopted By Pock and Carolyn Moore Your service on the city council to flus city is most appreciated Thank you for canng enough to serve us as you do Because of a conflict, I can not a~end tomght'$ city council meeting However, I strongly encourage you to suppo~ the bed and breakfast proposed by the Moores The construction of a quality bed and breakfast on this location offers many advantages to the site and to tho City of Denton I Such a facility would fill a real need in Denton This bed and breakfast would off0r an outstanding alternative to ov~rmght guests in our city and would add much-needed space for those guests 2 The proposed budding would be attractive and, because there would bo olaly one building, many of the trees would bo pro$0rvod The present zomng of the property, I understand, would allow for st.x smgle-famdy residences, which would require the removal of numy more tr~es Additionally, a residence facing Ldhan Mtller hardly s~ma desirable 3 The bed and br~ would not add significantly to traffic on Ldhan Mtll~' 4 The facility could provtde a much..nz~ded place for small gathe~ngs (The Moores have indicated that they would like to have the opportumty to offer catered meals, by reservation only, to their gusts and ii, ends The hmited size of the only dlmng/meotmg room would accommodate such groups and offer the community an ideal facility, whtch does not eyast m the city 5 Because the owners would occupy the property, and because most bed and breakfast patrons tend to be more mature, tlus should remain both am'active and quiet As a long-time resident oftlus commumty and as a local business person, I could hst many more advantagzs for the fac~hty I would hope that each of you would be able to weigh the obwous advantages for tins proposal and vote favorably for the Moores' concept