June 03, 2014 MinutesCITY OF DENTON CITY COUNCII, MINUTES
June 3, 2014
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, June 3, 2014 at 2:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Mayor Watts; Mayor Pro Tem Engelbrecht, Council Member Gregory, Council
Member Hawkins, Council Member Johnson, Council Member Roden and Council
Member Ryan
ABSENT: None.
1. Citizen Comments on Consent Agenda Items
There was no Citizen Comments on Consent Agenda items.
2. Requests for clarification of agenda items listed on the agenda for June 3, 2014
There were no requests for clarification from Council.
3. Work Session Reports
A. ID 14-0174 - Receive a report, hold a discussion, and give staff direction regarding
the creation of a Tax Increment Reinvestment Zone for the construction of a Hotel
and Convention Center on approximately thirteen acres of land located along
Interstate 35 on University of North Texas property.
Aimee Bissett, Director of Economic Development, stated that the proposed TIRZ was for the
convention center construction with construction bids due June 17th. The zone allowed other
taxing entities to participate in the financing mechanism for the construction of the convention
center only. It was important to know that the TIRZ was created and who would be participating
before the determination of the feasibility of the financing. If the Zone was not feasible by all
entities, Council would have the opportunity at a future date to get remove the TIRZ.
David Pettit, Economic Development Consultant, stated that the purpose of the Zone was to
facilitate the development of a full service hotel and convention center. The ordinance would
establish the boundary, the term of the Zone, the City participate rate, TIRZ board makeup and
preliminary proj ect and financing plan. After creation, the preliminary proj ect and financing plan
would be separately considered by the TIRZ Board and City Council.
The current condition of the property was vacant, undeveloped land owned by the University of
North Texas. A taxable value analysis was conducted which examined comparable taxable
values, taxing jurisdiction participation rates; TIRZ term and anticipated revenues to the TIRZ.
The city of Denton would participate with 100% of its incremental real property tax revenue;
potential Denton County participation would be 75% on its incremental real property tax
revenue; and Denton ISD potential rate would be 75% on its incremental real property tax
revenue. The term of the Zone would be a 30 year period with no revenue until at least 2017 and
then only partial until stabilized. All anticipated new tax revenue generated during the life of the
TIIZZ was estimated at $27 million.
Mayor Watts asked why it would take so long to get to $27 million.
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Pettit stated that during the appraisal they would look at how much was completed and would not
receive revenue until a full 16 months later. Any new project coming on line needed a
stabilization period. The TIRZ revenue represented current assumptions of project build out and
taxing jurisdiction participation. If less development was delivered or the other taxing
jurisdiction participation was less, the TIRZ revenue will be less. The next steps for the creation
included a public hearing and approval of the creation ordinance.
Council Member Roden asked if the 15% educational discount was a set amount.
Jon Fortune, Assistant City Manager, stated that 15% was an estimate at this time and was not
definitely set. The amount would be unknown until the Appraisal District made a decision on
the property value.
Council Member Roden stated that the square footage for LTNT would be set and then it would
be up to appraisers to determine the value.
Council Member Johnson asked if the creation of the TIRZ would limit the future use of the
property in the zone.
Pettit replied no, that it was about where the revenue went.
Mayor Watts stated that the TIRZ was to help supplement rent payments. The development
agreement indicated that the City had the right to terminate the agreement if the participation
level was not acceptable. He asked if there was any idea what level would be needed.
Fortune replied it would be a 75% level from the DISD and the County.
Mayor Watts stated that in the future, if there was a deal killer in this kind of agreement, not to
have it done at the end of the agreement rather than at the front end. He questioned if there had
been preliminary discussions on a level of participation with the other entities.
Fortune stated that there had not been any formal discussions at this point.
Council Member Gregory stated that there were a lot of other triggers to not make the proposal
move forward than just the participation amount with the TIRZ.
Fortune stated that was correct.
Council Member Ryan questioned the difference between 30 years versus 25 years for the term
of the Zone. He questioned what the revenue would be used for if paid off in 25 years.
Fortune stated that if there was any money left at the conclusion of the debt it would have to be
used towards the TIRZ.
Mayor Watts stated that there will be a point when all of the elements were worked through and
a meeting where each entity would indicate whether they were in favor of moving forward.
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Page 3
Fortune stated that in December Council made the steps through the master agreement. The day
the Council was ready to sell the bonds was when the project was a final yes for the City.
Mayor Watts stated that the question was if the entities said yes to each step what happened
when the process got to the end and then there were nos.
Council Member Gregory stated that there were check points to make until the bonds were
issued and there were several points where the process could be stopped from moving forward
such as the construction costs being too high
Council Member Roden felt it might be helpful to have metric points looking forward in the
approval process.
Mayor Pro Tem Engelbrecht felt that was important to be careful about referencing a decision
regarding the conference center. For example in the strategic plan, there was a mention about
using the convention center but it had not been approved yet.
B. ID 14-0177 - Receive a report, hold a discussion, and give staff direction regarding
Denton Plan and Denton Development Code amendments to allow for various land
uses at the North Texas State Fairgrounds.
Ron Menguita, Development Review Committee Administrator, stated that this was a request
from the North Texas State Fairgrounds to find an option to allow the storage of vehicles
independent of a primary use. Vehicles were being stored on the Fairgrounds in order to
generate revenue for the Fairgrounds. Vehicles had been stored there in October 2011 and again
in March 2014. The vehicles in March were from the Classic Cars dealership while a new
facility was being constructed. Residents in the nearby subdivision complained about the storage
of the vehicles, some very close to their property lines. The Fairgrounds would like to find a way
to store vehicles there on a more permanent basis.
Council Member Roden questioned what would be the need for long term storage of vehicles at
the Fairgrounds.
Menguita stated that they would like it as a revenue generator.
Council Member Roden stated that there was an interesting context with this issue. Whether
there would be a difference if a major manufacturer needed a location to store vehicles as
opposed to an out-of-town dealer needing a location.
Council Member Hawkins asked how many vehicles were currently at the location.
Menguita stated there were about 40-45 vehicles varying from compact cars to trucks to large
vans belonging to Classic Used Cars.
Council Member Gregory asked when a vehicle was no longer considered parked but stored.
Menguita stated that storage was defined as being stored for not for sale or immediate
movement. There were different requirements for parking and for storage.
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City Attorney Burgess stated that how long a car was parked before it was considered stored
really was a question of time and purpose with regard for the reason the car was in the location.
Council Member Hawkins stated that he noticed today that there were a lot of cars northeast of
the church parking lot.
Menguita stated that they probably had cars in two locations. He reviewed the zoning of the
property and surrounding property. Staff had researched various options for Council to consider
but only recommended that storage of vehicles be added to the list of land uses in Subchapter
35.5 and identify which zoning districts that this use would be permitted, not permitted,
permitted with a specific use permit or permitted with a limitation. He reviewed the current list
of zoning districts where such uses would be permitted and the zoning districts where storage of
vehicles could potentially be located.
Mayor Watts felt that the off-site location was one of determining factors.
Menguita stated that the Fairgrounds was currently zoned NRMU and NRMU-12. The closest of
the possible zoning districts for vehicle storage would be CM-G.
Council Member Gregory asked if NRMU or CM-G were permitted to allow for rodeos.
Menguita stated that rodeos were considered a major event entertainment category and NRMU
did not allow it but CM-G did with an SUP.
Council Member Gregory asked if that was the same for livestock shows.
Menguita stated that there was no specific category for those.
Council Member Gregory stated that the Fairgrounds had been operating out of compliance with
the zoning for years and years.
Menguita replied correct. He continued that assuming that a Denton Development Code
amendment was approved to allow storage of vehicles in the CM-G, the Fairgrounds would need
to apply for a Comprehensive Plan amendment to go from the existing land use to CM-G. This
would create a non-conforming use as the DDC did not list fairgrounds as a land use in
Subchapter 35.5.
Council Member Gregory asked if it would be possible to change just part of the property zoning
or zone with a SUP that would respect the residences to the north but allow for the uses that were
happening for a long time.
Menguita stated that the entire property would not have to be zoned; a portion of the property
could be done.
Mayor Pro Tem Engelbrecht stated that the third step would be a SUP.
Menguita stated correct for the Major Event category.
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Council Member Gregory asked if there would be a need for rezoning with the CM-G and
associated SUP category or if there would be any unanticipated financial expenditures.
Menguita stated that there would be no need for re-platting. There would only be application
fees of about $2000 with $16 per acre. Staff did not recommend extending CM-G as it would be
introducing a more intense land use that would not be compatible to the surrounding area.
Council Member Roden stated that if the zoning remained the same, the Fairgrounds could keep
on with its current activities and not be in violahon.
Menguita stated correct. Staff was also not recommending amending Subchapter 35.5 as such an
amendment would allow Major Event Entertainment uses within all properties zoned CM-G
throughout the City.
Council Member Roden questioned why the issue was before Council at this point.
John Cabrales, Assistant City Manager, stated that a majority of Council had contacted him and
asked for a legal way to allow for this use. A notice of violation letter was pending against the
Fairgrounds. The issue was coming from the direction from various council members to allow
for storage use at that facility.
Council Member Roden clarified that it was from a majority of previous Council.
Cabrales replied correct.
Council Member Johnson stated that the discussion was about zoning and what the Fairgrounds
was doing now which did not conform to that zoning. The Fairgrounds was told that they could
not store vehicle when they did not have a designation of parking.
Mayor Pro Tem Engelbrecht stated that the community had built up around the Fairgrounds and
staff worked with the community to accommodate the rodeo. The attempt was to keep it going at
that location and yet live with the neighborhood. Now there was a new level of activity called
storage which the neighborhood had not seen before. The neighborhood was concerned about
the level of activity. Another issue if Peterbilt was to park there would be the amount of weight
capacity for the property. It appeared to the neighbors that the activity was ramping up.
Menguita stated that staff would have to expand its research to include other types of vehicles
and vehicle weight.
Council Member Roden questioned what direction was needed from Council.
Cabrales stated that staff had presented options to consider to reach a direction to legally have
the use on the property. The options presented would involve quite a bit of movement from the
Planning Department to get that done. There was still a violation of the ordinance and the
Fairgrounds would be sent a notice of violation.
Council Member Gregory stated that the Fairgrounds had worked hard with the neighbors. He
would like a resolution to this so that the Fairgrounds could continue to generate additional
City of Denton City Council Minutes
June 3, 2014
Page 6
revenue to realize the goal to move to a more appropriate location. He hoped a way could be
found to not create an undue hardship on the neighborhoods.
Council Member Hawkins asked if there had been complaints since the cars were moved to the
southwest corner.
Cabrales stated that the complaints came when the cars were parked on north side. The
Fairgrounds had agreed to park the cars on the south side of the property and he was not aware
that they were on the north side again.
Mayor Pro Tem Engelbrecht proposed that staff host a neighborhood meeting to included
Community Improvement Services, Planning and the Fairgrounds to discuss what was needed.
Mayor Watts stated that staff did not want to extend CM-G further north for fear of inclusion
with other uses. He was not as concerned as overlay conditions could be applied. He felt there
were enough tools to tie down the zoning and still provide protection of the neighbors. He
suggested using the current tools to find a way to craft the proposal. He requested an informal
staff report on the Fairgrounds proposal to relocate to the north side of the City and not being
able to do so due to the due the lack of utilities. He agreed with holding a meeting as noted and
to use the tools available to get done what need to get done.
Mayor Watts announced that Item E would be considered next.
E. ID 14-0182 Receive a report, hold a discussion, and give staff direction regarding
project recommendations from the Citizens Bond Advisory Committee for the
November 2014 bond election.
Randy Robinson, Co-Chair of the Bond Committee, reviewed the history of the establishment of
the Citizens Bond Advisory Committee. Three subcommittees were formed to discuss the
specific service areas of transportation (including drainage), public facilities and leisure services.
Council requested that the Committee focus on the priorities of existing facilities, infrastructure,
drainage improvements and the Downtown area. The Council also requested the Committee
specifically consider including the reconstruction of Fire Stations No. 3 and No. 4 and $12
million for the reconstruction of city streets. The inclusion of new facilities, infrastructure and
public art projects was also considered.
The Committee solicited community feedback and held four community meetings, receiving 166
comments/suggestions through email, the website, phone or comment cards.
The Committee recommended a$98 million bond program for the November 2014 election.
Funding would be allocated among transportation at $61 million; drainage at $8.5 million; public
safety at $16 million and parks at $11 million. Approximately $535,000 was planned for public
art.
The program assumed up to a 3 cent tax rate increase over the funding period. The tax rate
estimate was based on an 8% growth for assessed values in 2014-15 and 4% growth thereafter.
The tax rate impact would vary based on actual appraised values realized in each year.
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June 3, 2014
Page 7
Council Member Watts questioned when the taxes would be levied in the process — whether it
would be all at once or staggered.
Bryan Langley, Assistant City Manager, stated that the $19 million would be in 2014-15 so the
tax rate would be the following year.
Robinson continued with a review of street reconstruction which totaled $24 million. There was
a priority list of projects for that amount of money. The projects for mobility improvements for
$31.9 million, traffic for $5.7 million, drainage for $8.5 million, public safety facilities for $16.5
million and parks for $11.3 million were reviewed.
Council Member Gregory asked about the police fire training facility.
Robinson stated that facility had a large price tag and if Council wanted to increase the tax rate
one cent over the proposed three cents, it might be possible to include it in the program. Projects
for future consideration included the community market proposal, a Downtown parking garage, a
visitor center, and a municipal complex space study/facilities plan. He presented the next steps
for the election calendar moving towards the election date of November 4th.
Council Member Roden thanked all of the members present who worked on the Bond
Committee. He noted that the Splashpark found its way to a part of the recommendation.
$200,000 had been allocated with possible matching funds but the recommendation did not
require those matching funds. He questioned if it would be funded only if the matching funds
were raised.
Robinson replied correct that the matching funds were raised to help support the cost, then it
would proceed.
Council Member Roden questioned how the ballot options would look on the ballot and whether
public art would be a separate proposition. He asked if the Committee had any specifics in terms
of public art projects that the Committee recommended or a recommended level of funding.
Robinson stated that non-infrastructure projects such as facilities and parks were eligible for a
percentage of the funding. The art projects must be related the improvement projects.
Council Member Roden asked if the recommendation included a prioritization of what year the
proj ects were done.
Robinson stated that it would be dependent on when the bonds could be issued and also the
logistics of when the projects could be done.
Council Member Gregory understood the issue of no public art for all projects and what to do
with the police firing range. There was a limited amount of money and the issue was how to
spend the money in the best manner.
Langley stated that there could be some flexibility with the four propositions to be considered
under the one for public safety improvements. Any public safety area could have art included as
it was tied to the proposition areas.
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June 3, 2014
Page 8
Robinson stated that there was no separate proposition for public art. The Committee felt that
they had identified an amount for public art and the funding for those eligible projects would be
2%.
Mayor Watts questioned if the projects and amounts would be memorialized as opposed to broad
categories listed on ballot.
Langley stated that the proposition language and ordinance to call the election would have more
details than what would be listed on the ballot.
Item D was considered.
D. ID 14-0215 Receive a report, hold a discussion and give staff direction regarding
City Council committee nominations and City Council board appointments.
Jennifer Walters, City Secretary, stated that members of Council serve on designated standing
committees to assist with the development of policy. The committee assignments were reviewed
annually to allow the opportunity to make adjustments if necessary. Any changes made to the
committee assignments in the Work Session would be reflected in the regular meeting for
Council formal consideration.
Council discussed the assignments and made recommendations for changes.
C. ID 14-0184 Receive a report, hold a discussion, and provide direction on proposed
revisions to the City of Denton Strategic Plan.
This item was not considered.
Following the completion of the Work Session, the City Council convened in a Closed Meeting
to consider the specific items listed below under the Closed Meeting section of this agenda.
l. Closed Meeting:
A. ID 14-0189 Deliberations regarding Real Property - Under Texas Government
Code, Section 551.072; and Consultation with Attorneys - Under Texas
Government Code, Section 551.071. Discuss, deliberate, and receive information
from staff and provide staff with direction pertaining to the potential eminent
domain proceedings against certain real property interests located in the S.
McCracken Survey, Abstract Number 817, in the City of Denton, Denton County,
Texas, being 2.912 acres and 0.040 acre tracts of land for electric easements, and
being 1.160 acre and 0.048 acre tracts of land for temporary construction easements,
all located generally north of Loop 288, along Sherman Drive, for the public use of
expansion, construction, maintenance, operation, and improvement of electric
transmission and distribution lines facilities and structures. Consultation with the
City's attorneys regarding legal issues associated with the potential proceedings
against the real property described above where a public discussion of these legal
matters would conflict with the duty of the City's attorneys to the City of Denton
City of Denton City Council Minutes
June 3, 2014
Page 9
and the Denton City Council under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas, or would jeopardize the City's legal position in
any administrative proceeding or potential litigation. (Denton Municipal Electric
69kV Spencer to Denton North Interchange Transmission Line Upgrade Project:
Parcel C6 - Tony A. Riley [ID 14-0186], and Parcel C7 - Sel Sherman Drive, LLC)
[ID 14-0187]
B. ID 14-0190 Deliberations regarding Real Property - Under Texas Government
Code, Section 551.072; and Consultation with Attorneys - Under Texas
Government Code, Section 551.071. Discuss, deliberate, and receive information
from staff and provide staff with direction pertaining to the potential eminent
domain proceedings against certain real property interests located in the T. Toby
Survey, Abstract Number 1288, in the City of Denton, Denton County, Texas, being
a fee interest in land, regarding a certain 2.493 acre tract of land located generally
south of Beall Street and west of North Locust Street, for the public use of
expansion, construction, maintenance, operation, and improvement of electric
transmission and distribution lines facilities, and structures, as well as substations.
Consultation with the City's attorneys regarding legal issues associated with the
potential proceedings against the real property described above where a public
discussion of these legal matters would conflict with the duty of the City's attorneys
to the City of Denton and the Denton City Council under the Texas Disciplinary
Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the
City's legal position in any administrative proceeding or potential litigation.
(Denton Municipal Electric 69kV Spencer to Denton North Interchange
Transmission Line Upgrade Project: Parcel C13 - North Locust Properties, LLC)
[ID 14-0188]
C. ID 14-0207 Deliberations regarding Real Property - Under Texas Government
Code, Section 551.072; and Consultation with Attorneys - Under Texas
Government Code, Section 551.071. Discuss, deliberate, and receive information
from staff and provide staff with direction pertaining to the acquisition of and
potential eminent domain proceedings against certain real property interests located
in the M. Forrest Survey, Abstract Number 417, in the City of Denton, Denton
County, Texas, being a fee interest in land, regarding a certain 10.372 acre tract of
land located generally north of Blagg Road and east of Geesling Road, for the
public use of expansion, construction, maintenance, operation, and improvement of
electric transmission and distribution lines facilities, structures, and substations.
Consultation with the City's attorneys regarding legal issues associated with the
acquisition of land potential eminent domain proceedings against the real property
described above where a public discussion of these legal matters would conflict
with the duty of the City's attorneys to the City of Denton and the Denton City
Council under the Texas Disciplinary Rules of Professional Conduct of the State
Bar of Texas, or would jeopardize the City's legal position in any administrative
proceeding or potential litigation. (Denton Municipal Electric Arco Substation
Proj ect) [ID 14-0 l 91 ]
City of Denton City Council Minutes
June 3, 2014
Page 10
D. ID 14-0172 Certain Public Power Utilities: Competitive Matters - Under Texas
Government Code, Section 551.086; and Consultation With Attorneys - Under Texas
Government Code, Section 551.071. Receive further competitive public power,
financial and commercial information from Denton Municipal Electric ("DME") staff
regarding the procurement, acquisition, integration and implementation of ERCOT
Shadow Settlement Software in its Energy Management Organization relating to its
power purchase operations, which includes bidding and pricing information for
purchased power, generation and fuel, and Electric Reliability Council of Texas bids,
prices, offers, and related services for purposes of supporting the Energy
Management Organization of the Power Supply Administration of DME; discuss,
deliberate, provide staff with direction, consider and take final action on the Master
Customer Agreement and any and all ancillary Agreements pertaining thereto.
Consultation with the City's attorneys regarding legal issues associated with the
above acquisition where a public discussion of these legal matters would conflict
with the duty of the City's attorneys to the City of Denton and the Denton City
Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar
of Texas, or would jeopardize the City's legal position in any administrative
proceeding or potential litigation; Consider an ordinance of the City Council of the
City of Denton, Texas providing for, authorizing, and approving the execution by the
City Manager of a"Master Customer Agreement" by and between the City of
Denton, Texas and Ventyx, Inc., a Delaware Corporation, further authorizing and
approving the execution of such other ancillary and related documents, including
without limitation, licensing agreements and statements of work related to the Master
Customer Agreement by the City Manager or his designee, which are incident or
related thereto; confirming and ratifying that the City of Denton, Texas, its Mayor,
its City Council members, its City Manager, its City Attorney, and their respective
designees, shall be authorized and empowered to perform such acts and obligations
as are reasonably required to complete and consummate this transaction; ratifying
and confirming all prior actions taken by the City Council in furtherance of this
procurement; and determining that said agreements pertain to a"Competitive Electric
Matter" as set forth under the provisions of §§551.086 and 552.133 of the Texas
Government Code, as amended; finding and determining that the approval of this
transaction in a closed meeting of the City Council is further authorized under Texas
law; adopting significant recitations, findings and conclusions, as are set forth in the
preamble of this ordinance; finding that the matter of approval of the Master
Customer Agreement was posted as required by law and was duly considered in a
closed meeting of the City Council on the 3rd day of June, 2014 by a quorum of the
Denton City Council and was duly approved by a vote taken in said closed meeting;
providing that upon approval of the Ordinance, Master Customer Agreement and any
and all ancillary agreements, by the City Council that the City Secretary is hereby
authorized and directed to seal the said documents as Public Power documents, as
provided by applicable Texas law; that this procurement is in the public welfare and
is in the best interests of the ratepayers of Denton Municipal Electric; authorizing the
expenditure of funds therefor; providing an effective date.
This item was not considered.
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June 3, 2014
Page 11
E. ID 14-0200 Consultation with Attorneys - Under Texas Government Code, Section
551.071. Consult with and provide direction to City's attorneys regarding legal issues
and strategies associated with Gas Well Ordinance regulation of gas well drilling and
production within the City Limits and the extraterritorial jurisdiction, including:
Constitutional limitations; statutory limitations upon municipal regulatory authority;
statutory preemption; impacts of federal and state law and regulations; impacts of gas
well drilling upon protected uses and vice-versa; moratorium on drilling and
production; other concerns about municipal regulatory authority or matters relating
to enforcement of the Gas Well Ordinance; and legal matters associated with a
citizen's initiative regarding hydraulic fracturing where a public discussion of these
legal matters would conflict with the duty of the City's attorneys under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas.
F. ID 14-0201 Consultation with Attorneys - Under Texas Government Code, Section
551.071. Consult with and provide direction to City's attorneys regarding legal
issues regard to Item No. 3.B. of the June 3, 2014 Work Session Agenda, as it
concerns legal issues associated with that item where a public discussion of this
legal matter would conflict with the duty of the City's attorneys under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas.
This item was not considered.
G. ID 14-0206 Deliberations regarding Real Property - Under Texas Government
Code, Section 551.072; Consultation with Attorneys - Under Texas Government
Code, Section 551.071. Discuss, deliberate, and receive information from staff and
provide staff with direction pertaining to the potential purchase of certain real
property interests located in the R. Longbottom Survey, Abstract Number 775, City
of Denton, Denton County, Texas, and generally located on the east line of Virginia
Street, north of U.S. Highway 380 (University Drive). Consultation with the City's
attorneys regarding legal issues associated with the potential acquisition of the real
property described above where a public discussion of these legal matters would
conflict with the duty of the City's attorneys to the City of Denton and the Denton
City Council under the Texas Disciplinary Rules of Professional Conduct of the
State Bar of Texas, or would jeopardize the City's legal position in any
administrative proceeding or potential litigation. (Denton Municipal Electric 69kV
Spencer to Denton North Interchange Transmission Line Upgrade Project: Parcel
P28 and P29 - Prescott Interests Ltd.)
This item was not considered.
Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at
City Hall, 215 E. McKinney Street, Denton.
1. PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
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June 3, 2014
Page 12
2. ELECTION OF MAYOR PRO TEM
Council Member Gregory motioned, Council Member Hawkins seconded to nominated Jim
Engelbrecht as Mayor Pro Tem. On roll call vote, Council Member Engelbrecht "aye", Council
Member Gregory "aye", Council Member Hawkins "aye", Council Member Johnson "aye",
Council Member Roden "aye", Council Member Ryan "aye", and Mayor Watts "aye". Motion
carried unanimously.
3. PROCLAMATIONS/PRESENTATIONS
A. ID 14-0213 Resolution of Appreciation for Ross Chadwick
Mayor Watts presented a Resolution of Appreciation for Ross Chadwick.
4. CITIZEN REPORTS
There were no citizen reports for this portion of the agenda.
5. CONSENT AGENDA
Council Member Roden noted that he would like to pull Item O for separate consideration.
Council Member Roden motioned, Council Member Hawkins seconded to approve the Consent
Agenda and accompanying ordinances and resolutions with the exception of Item O. On Roll
call vote, Mayor Pro Tem Engelbrecht "aye", Council Member Gregory "aye", Council Member
Hawkins "aye", Council Member Johnson "aye", Council Member Roden "aye", Council
Member Ryan "aye", and Mayor Watts "aye". Motion carried unanimously.
Ordinance No. 2014-149
A. ID 14-0160 Consider adoption of an ordinance authorizing the City Manager to
execute a Professional Services Agreement (PSA) with Savant Group, Inc. for
design and engineering services relating to the City of Denton Intelligent
Transportation System (ITS) Trunk Lines project; and providing an effective date
(File 5551-awarded to Savant Group, Inc. in a not-to-exceed amount of
$152,548.52).
Ordinance No. 2014-150
B. ID 14-0161 Consider adoption of an ordinance accepting competitive bids and
awarding a public works contract for the Pecan Creek Interceptor Phase II project;
providing for the expenditure of funds therefor; and providing an effective date (Bid
5486-awarded to the lowest responsible bidder meeting specification, Speiss
Construction Company, Inc. in the amount of $1,427,624). The Public Utilities
Board recommends approval (6-0).
City of Denton City Council Minutes
June 3, 2014
Page 13
Ordinance No. 2014-151
C. ID 14-0162 Consider adoption of an ordinance of the City of Denton, Texas
providing for, authorizing, and approving the purchase of replacement and repair
parts for the Lake Ray Roberts Water Treatment Plant clarification equipment,
which are available from only one source and in accordance with Chapter 252.022
of the Texas Local Government Code such purchases are exempt from the
requirements of competitive bidding; and providing an effective date (File 5553
awarded to Brentwood Industries, Inc. in the not-to-exceed amount of $100,000).
The Public Utilities Board recommends approval (6-0).
Ordinance No, 2014-152
D. ID 14-0164 Consider adoption of an ordinance accepting competitive proposals and
awarding a contract for laboratory services for the City of Denton; providing for the
expenditure of funds therefor; and providing an effective date (RFP 5469-awarded
to Ana-Lab Corporation in the three (3) year not-to-exceed amount of $190,000).
The Public Utilities Board recommends approval (6-0).
Ordinance No. 2014-153
E. ID 14-0165 Consider adoption of an ordinance accepting competitive proposals and
awarding a contract for Distribution Gang Operated Air Break (GOAB) Switches
for Denton Municipal Electric; providing for the expenditure of funds therefore; and
providing an effective date (RFP 5231-awarded to Stuart C. Irby in the three (3)
year not-to-exceed amount of $187,395).
Ordinance No. 2014-154
F. ID 14-0166 Consider adoption of an ordinance accepting competitive proposals and
awarding a contract for galvanized steel transmission poles for Denton Municipal
Electric; providing for the expenditure of funds therefor; and providing an effective
date (RFP 5404-awarded to Valmont Newmark in the three (3) year not-to-exceed
amount of $15,590,000). The Public Utilities Board recommends approval (6-0).
Ordinance No. 2014-155
G. ID 14-0167 Consider adoption of an ordinance accepting competitive proposals and
awarding a contract for electric capacitor controllers for Denton Municipal Electric;
providing for the expenditure of funds therefor; and providing an effective date
(RFP 5297-awarded to Stuart C. Irby in the three (3) year not-to-exceed amount of
$461,100).
Ordinance No. 2014-156
H. ID 14-0168 Consider adoption of an ordinance authorizing the City Manager or his
designee to execute a purchase order through the Buy Board Cooperative
Purchasing Network for the acquisition of five (5) Chevrolet half ton trucks for the
City of Denton; and providing an effective date (File 5559 awarded to Caldwell
Country in the amount of $126,871). The Public Utilities Board recommends
approval (6-0).
City of Denton City Council Minutes
June 3, 2014
Page 14
Ordinance No. 2014-157
L ID 14-0175 Consider adoption of an ordinance providing for the expenditure of
funds for the emergency purchase of a Peterbilt Roll-Off Refuse Truck with
Wastequip Hoist and Tarper in accordance with provisions of State law exempting
such purchases from requirements of competitive bidding; and providing an
effective date (File 5560-awarded to Rush Truck Center, Crane in the amount of
$174,419).
Ordinance No. 2014-158
J. ID 14-0176 Consider adoption of an ordinance of the City Council of the City of
Denton, Texas, approving a grant application from John Lenz, representing Chident
Holdings, LLC, from the Downtown Reinvestment Grant Program not to exceed
$25,000; and providing for an effective date. The Economic Development
Partnership Board recommends approval6-0.
Ordinance No. 2014-159
K. ID 14-0179 Consider adoption of an ordinance of the City of Denton authorizing an
agreement between the City of Denton and the Collegiate Entrepreneurs'
Organization of the University of North Texas for reimbursement of costs
associated with the TEDXUNT Event on April 26, 2014; authorizing and ratifying
the expenditure of funds; and providing for an effective date. ($1,470)
Ordinance No. 2014-160
L. ID 14-0180 Consider adoption of an ordinance authorizing the City Manager or his
designee to execute a Purchase Agreement, by and between the City of Denton,
Texas ("City"), as buyer, and Ken Hodge & Associates, Inc., a Texas corporation
(the "Owner"), as seller, to acquire fee simple title to a 0.850 acre tract situated in
the M.E.P. & P.R.R. Survey, Abstract No.1469, located in the City of Denton,
Denton County, Texas, and being generally located in the 1300 block of North
Mayhill Road; for the purchase price of One Hundred Twenty Thousand Eight
Hundred Eighty Seven Dollars and No Cents ($120,887.00), and other
consideration, as prescribed in the Purchase Agreement (the "Agreement"), as
attached hereto and made a part hereof as Exhibit "A", authorizing the expenditure
of funds therefor; and providing an effective date. (Parcel M028, Ken Hodge &
Associates, Inc. - Mayhill Road Widening and Improvements project)
Ordinance No. 2014-161
M. ID 14-0181 Consider adoption of an ordinance of the City of Denton, Texas,
authorizing the execution of a Fourth Amendment to Right of Entry and possession,
by and between the City of Denton ("City") and the Denton County Transportation
Authority ("DCTA"), amending that certain right of entry and possession, between
the City and DCTA, May 3, 2011, granting DCTA access to the Euline Brock
Downtown Denton Transit Center ("DDTC) and certain lands surrounding the
DDTC, located in the Hiram Sisco Survey, Abstract Number 1184, to conduct
public transportation related operations; and providing an effective date.
City of Denton City Council Minutes
June 3, 2014
Page 15
Ordinance No. 2014-162
N. ID 14-0183 Consider adoption of an ordinance of the City of Denton authorizing an
agreement between the City of Denton, Texas and the Denton Air Fair for the
purpose of expenses for the Denton Air Fair; authorizing the expenditure of funds;
and providing for an effective date. ($500)
Resolution No. R2014-023
P. ID 14-0192 Consider approval of a resolution of the City of Denton, Texas
certifying funding and support for the 2014 Transportation Alternatives Program
application with the North Central Texas Council of Governments, authorizing the
City Manager to submit an application to receive funding to implement a bike share
program through the program and, if the grant is approved, to execute the grant
agreement and take other actions necessary to implement the grant; and providing
an effective date.
Item O was considered.
Ordinance No. 2014-163
O. ID 14-0185 Consider adoption of an ordinance of the City of Denton authorizing an
agreement between the City of Denton, Texas and SCRAP Denton for the purpose
of capital needs; authorizing the expenditure of funds; and providing for an effective
date. ($900)
Council Member Gregory left the meeting with a conflict of interest.
Council Member Hawkins motioned, Council Member Roden seconded to approve the Consent
Agenda and accompanying ordinances and resolutions with the exception of Item O. On Roll
call vote, Mayor Pro Tem Engelbrecht "aye", Council Member Hawkins "aye", Council Member
Johnson "aye", Council Member Roden "aye", Council Member Ryan "aye", and Mayor Watts
"aye". Motion carried unanimously.
Council Member Gregory returned to the meeting.
6. ITEMS FOR INDIVIDUAL CONSIDERATION - CONSIDERATION OF THE USE
OF EMINENT DOMAIN TO CONDEMN REAL PROPERTY INTERESTS
Ordinance No. 2014-164
A. ID 14-0186 Consider adoption of an ordinance (I) finding that a public use and
necessity exists to acquire through the exercise of the right of eminent domain one
permanent Electric Utility Easement and one Temporary Construction Easement
encumbering 2.192 and 1.160 acres of land respectively; the permanent Electric
Utility Easement to be used and utilized for and in connection with the expansion,
construction, maintenance, replacement, augmentation, and improvement of electric
transmission and distribution lines, facilities, and structures (therein the ordinance
as the " DME Expansion Project"); the Temporary Construction Easement to be
used and utilized for the purpose of access, staging of materials and equipment,
construction, and grading activities relating to the DME Expansion Project; the
City of Denton City Council Minutes
June 3, 2014
Page 16
affected lands and interests being generally situated in the S McCracken Survey,
Abstract Number 817, City of Denton, Denton County, Texas, as more particularly
described in Exhibits "A-1" and "A-2", and depicted in Exhibits "B-1" and "B-2",
respectively, attached to the ordinance and made a part thereof (said tracts of land
and all related interests therein to be acquired and damages resulting there from
collectively referred to therein the ordinance as the "Property Interests"); (II)
authorizing the filing and prosecution of eminent domain proceedings to acquire the
Property Interests; (III) authorizing the expenditure of funds therefore; (IV) making
findings; (V) providing a savings clause; and (VI) providing an effective date.
(Parcel C6 - Denton Municipal Electric 69kV Spencer to Denton North Interchange
Transmission Line Upgrade Project)
Pamela England, Real Estate Specialist, stated that ongoing negotiations with the affected
property owner for the subject land rights were necessary for the Denton Municipal Electric
69kV Spencer to Denton North Interchange Transmission Line Upgrade project. The
negotiations had reached an impasse. Approval of the subject ordinance authorized staff to
acquire the land rights necessary by way of exercising the City's eminent domain authority.
Council Member Gregory motioned, Council Member Roden seconded:
"I move that the City of Denton, Texas, authorize the use of the power of eminent domain to
acquire (1) a permanent easement acquisition encumbering 2.912 acres of real property, and (2) a
temporary construction easement acquisition encumbering 1.160 acres of real property, being
generally located in the S. McCracken Survey, Abstract No. 817, and all being more particularly
described in Exhibits "A-1" and "A-2" and depicted in Exhibits `B-1" and `B-2", respectively,
to the ordinance now under consideration and on the overhead screen being now displayed to the
audience, for the DME Expansion Project in the City of Denton, Texas."
On roll call vote, Mayor Pro Tem Engelbrecht "aye", Council Member Hawkins "aye", Council
Member Johnson "aye", Council Member Roden "aye", Council Member Ryan "aye", and Mayor
Watts "aye". Motion carried unanimously.
Real property description is attached as Exhibit 1 to the minutes.
Ordinance No. 2014-165
B. ID 14-0187 Consider adoption of an ordinance (I) finding that a public use and
necessity exists to acquire through the exercise of the right of eminent domain one
permanent Electric Utility Easement and one Temporary Construction Easement
encumbering 0.040 and 0.048 acres of land respectively; the permanent Electric
Utility Easement to be used and utilized for and in connection with the expansion,
construction, maintenance, replacement, augmentation, and improvement of electric
transmission and distribution lines, facilities, and structures (therein the ordinance
as the " DME Expansion Project"); the Temporary Construction Easement to be
used and utilized for the purpose of access, staging of materials and equipment,
construction, and grading activities relating to the DME Expansion Project; the
affected lands and interests being generally situated in the S McCracken Survey,
Abstract Number 817, City of Denton, Denton County, Texas, as more particularly
described in Exhibits "A-1" and "A-2", and depicted in Exhibits "B-1" and "B-2",
City of Denton City Council Minutes
June 3, 2014
Page 17
respectively, attached to the ordinance and made a part thereof (said tracts of land
and all related interests therein to be acquired and damages resulting there from
collectively referred to therein the ordinance as the "Property Interests"); (II)
authorizing the filing and prosecution of eminent domain proceedings to acquire the
Property Interests; (III) authorizing the expenditure of funds therefore; (IV) making
findings; (V) providing a savings clause; and (VI) providing an effective date.
(Parcel C7 - Denton Municipal Electric 69kV Spencer to Denton North Interchange
Transmission Line Upgrade Project)
Pamela England, Real Estate Specialist, presented the details of the proposal for eminent domain
which was for the DME Expansion Project. Ongoing negotiations with the affected property
owner had reached an impasse. Approval of the subject ordinance authorized staff to acquire the
land rights necessary by way of exercising the City's eminent domain authority.
Council Member Hawkins motioned, Council Member Roden seconded:
"I move that the City of Denton, Texas authorize the use of the power of eminent domain to
acquire (1) a permanent easement acquisition encumbering 0.040 acres of real property, and (2) a
temporary construction easement acquisition encumbering 0.048 acres of real property, being
generally located in the S. McCracken Survey, Abstract N0. 817, and all being more particularly
descried in Exhibits "A-1" and "A-2", and depicted in Exhibits `B-1" and `B-2" respectively, to
the ordinance now under consideration and on the overhead screen being now displayed to the
audience, for the DME Expansion Project in the City of Denton, Texas."
On roll call vote, Mayor Pro Tem Engelbrecht "aye", Council Member Hawkins "aye", Council
Member Johnson "aye", Council Member Roden "aye", Council Member Ryan "aye", and Mayor
Watts "aye". Motion carried unanimously.
Real property description is attached as Exhibit 2 to the minutes.
Ordinance No. 2014-166
C. ID 14-0188 Consider adoption of an ordinance (I) finding that a public use and
necessity exists to acquire through the exercise of the right of eminent domain fee
simple title to the surface estate, with waiver of surface use related to the mineral
estate, of a 2.493 acre tract of land to be used and utilized for and in connection with
the expansion, construction, maintenance, replacement, augmentation, and
improvement of electric transmission and distribution lines, facilities, and structures
(therein the ordinance, the "DME Expansion Project"); the affected lands and
interests being generally situated in the T. Toby Survey, Abstract Number 1288,
City of Denton, Denton County, Texas, as more particularly described and depicted
in Exhibit "A", attached thereto the ordinance and made a part thereof (said tract of
land and all related interests therein to be acquired and damages resulting there from
collectively referred to therein the ordinance as the "Property Interests"); (II)
authorizing the filing and prosecution of eminent domain proceedings to acquire the
Property Interests; (III) authorizing the expenditure of funds therefore; (IV) making
findings; (V) providing a savings clause; and (V) providing an effective date.
(Parcel C13 - Denton Municipal Electric 69kV Spencer to Denton North
Interchange Transmission Line Upgrade Project)
City of Denton City Council Minutes
June 3, 2014
Page 18
Pamela England, Real Estate Specialist, stated that ongoing negotiations with the affected
property owner for the subject land rights necessary for the Denton Municipal Electric 69kV
Spencer to Denton North Interchange Transmission Line Upgrade project had reached an
impasse. Approval of the subject ordinance authorized staff to acquire the land rights necessary
by way of exercising the City's eminent domain authority.
Council Member Johnson motioned, Council Member Roden seconded:
"I move that the City of Denton, Texas authorize the use of the power of eminent domain to
acquire a fee title estate to 2.493 acres of real property, being generally located in the T. Toby
Survey, Abstract No. 1288, and all being more particularly described and depicted in Exhibit
"A", respectively, to the ordinance now under consideration and on the overhead screen being
now displayed to the audience, for the DME Expansion Project in the City of Denton, Texas.
This motion included the substituted legal description what was provided Council."
On roll call vote, Mayor Pro Tem Engelbrecht "aye", Council Member Hawkins "aye", Council
Member Johnson "aye", Council Member Roden "aye", Council Member Ryan "aye", and Mayor
Watts "aye". Motion carried unanimously.
Real property description is attached as Exhibit 3 to the minutes.
Ordinance No. 2014-167
D. ID 14-0191 Consider adoption of an ordinance (I) finding that a public use and
necessity exists to acquire through the exercise of the right of eminent domain fee
simple title to a 10372 acre tract of land to be used and utilized for and in
connection with expansion, construction, maintenance, replacement, augmentation,
and improvement of electric transmission and distribution facilities, and structures;
the affected land(s) and interest(s) being generally situated in the M. Forrest Survey,
Abstract Number 417, City of Denton, Denton County, Texas, as more particularly
described in Exhibit "A" attached thereto the Ordinance and made a part thereof,
located generally in the NW quadrant of the intersection of Geesling Road and
Blagg Road (the "Property Interest") (II) authorizing the filing and prosecution of
eminent domain proceedings to acquire the Property Interests; (III) authorizing the
expenditure of funds therefore; (IV) making findings; (V) providing a savings
clause; and (VI) providing an effective date. (Denton Municipal Electric ARCO
Substation Project) (The Public Utilities Board recommends approval6-0)
Galen Gillum, Executive Manager of Electric Administration, stated that the DME Capital
Improvement Plan included the reconstruction of the Arco Substation. On January 13, 2014, the
Public Utility Board and the City Council approved the proposed site selection. Further, the City
Council approved the procurement of the site via purchase offer on April l, 2014. Per these
authorizations, the City had presented the initial and final offers to the property owner(s). DME
has anticipated that it may be necessary to move forward with preparations for eminent domain
proceedings in the event that negotiations to purchase fail.
Mayor Pro Tem Engelbrecht motioned, Council Member Hawkins seconded to:
City of Denton City Council Minutes
June 3, 2014
Page 19
"I moved that the City of Denton, Texas authorize the use of the power of eminent domain to
acquire a fee acquisition of 10372 acres of real property, being generally located in the M.
Forrest Survey, Abstract No. 417, all being more particularly described and depicted on Exhibits
"A" and `B", respectively, to the ordinance now under consideration and on the overhead screen
being now displayed to the audience, for the DME expansion project in the City of Denton,
Texas."
On roll call vote, Mayor Pro Tem Engelbrecht "aye", Council Member Hawkins "aye", Council
Member Johnson "aye", Council Member Roden "aye", Council Member Ryan "aye", and Mayor
Watts "aye". Motion carried unanimously.
Real property description is attached as Exhibit 4 to the minutes.
7. ITEMS FOR INDIVIDUAL CONSIDERATION
A. ID 14-0208 Receive Certification of an Initiative Petition regarding the banning of
hydraulic fracturing in the city of Denton from the City Secretary and give staff
direction.
Jennifer Walters, City Secretary, stated that on May 7, 2014, members of a Committee of
Petitioners submitted an initiative petition regarding the banning of hydraulic fracturing in the
city of Denton. The required elements of the petition were reviewed, found to be sufficient and
the petition was certified to be in compliance with the provisions of the City Charter.
City Attorney Burgess stated that Section 4.07 of the Charter indicated whenever the Council
received a certified petition from the City Secretary, the Council shall proceed at once to
consider the petition. Further, the Council must take final action on an initiative ordinance within
60 days after certification of the petition to the City Council by the City Secretary. The Charter
also detailed that the proposed initiative ordinance shall be read and provisions made for a public
hearing regarding the proposed ordinance. The proposed ordinance would be sent to voters if
Council did not pass the initiative ordinance or if Council passed an ordinance in a different form
from the ordinance proposed in the petition.
B. ID 14-0218 Consider appointments to Council Committees.
The Council reviewed the list of appointments which was updated from the Work Session.
Council Member Gregory motioned, Council Member Roden seconded to approve the
appointments as submitted. On roll call vote, Mayor Pro Tem Engelbrecht "aye", Council
Member Hawkins "aye", Council Member Johnson "aye", Council Member Roden "aye",
Council Member Ryan "aye", and Mayor Watts "aye". Motion carried unanimously.
8. PUBLIC HEARINGS
A. Z14-0007 Hold a public hearing and consider adoption of an ordinance of the City
of Denton, Texas, providing for a zoning change from a Downtown Residential 2
(DR-2) zoning district classification and use designation to a Downtown
City of Denton City Council Minutes
June 3, 2014
Page 20
Commercial General (DC-G) zoning district classification and use designation; on
approximately 0.184 acres, located on south side of West Oak Street approximately
104 feet west of the intersection of West Oak Street and Avenue B, in the City of
Denton, Denton County, Texas; providing for a penalty in the maximum amount of
$2,000.00 for violations thereof; providing a severability clause and an effective
date. The Planning and Zoning Commission recommends approval (6-0).
Brian Lockley, Director of Planning and Development, presented the details of the CVS
Pharmacy request. The property was located on south side of West Oak He reviewed the current
zoning, proposed zoning map, future land use map, site photos, and zoning district comparisons.
This rezoning application was a condition of approval for V14-0001 and V14-0002; subdivision
variances which were approved by the Planning and Zoning Commission on March 5, 2014.
While commercial uses were permitted in the DR-2 district, they must comply with Limitation
L(15) which limits retail uses to a maximum of 5,000 square feet of gross floor area. The
proposed CVS Pharmacy will be 13,013 square feet in gross floor area. In addition, an approved
rezoning would allow the proposed development to meet the minimum landscaping
requirements, specifically the required 20 percent tree canopy coverage. The applicant held a
neighborhood meeting on Apri122, 2014 with two property owners in attendance. The concerns
noted by the attendees were regarding the need for a fence between the subject site and the
multifamily development located to the west. The Planning and Zoning Commission and the
Development Review Committee recommend approval.
Council Member Gregory asked if there was going to be a drive through.
Lockley stated no.
Council Member Roden asked about the hardship application that was requested.
Lockley stated that the request for a hardship variance was to allow for a spacing requirement
which did not meet code. This would allow changes in movement of vehicles for a different
view and future development of the area,
Council Member Roden asked if the hardship variance was requested as the development could
not meet landscaping requirements
Lockley stated that the developer wanted to provide a third access and the question was how to
meet all of the requirements with landscaping, etc. if that were approved.
Council Member Roden asked if Planning still had concerns with the proposal.
Lockley stated that they were able to mitigate as best as possible with the development. He
emphasized that this request was strictly for rezoning of the property with details of the project
still needing to go the Planning and Zoning Commission for review.
City Attorney Burgess asked about applying an overlay on the property.
City of Denton City Council Minutes
June 3, 2014
Page 21
Lockley stated that if there were done and the property did not develop there would be provisions
in place that might not work for other types of development and would have to be redone.
Council Member Roden questioned if this was something CVS needed for a third entry point.
Lockley stated that it was more for efficiency if going west on West Oak a driver would not have
to go down to Avenue B to access the property.
Council Member Hawkins asked if CVS could revise the plans and add a drive through.
Lockley stated that this proposal was as close as possible to be final as could be without pulling
permits.
The Mayor opened the public hearing.
Chase Helm and William Scazzero, representing CVS, were in support and available for
questions.
Council Member Roden asked Helm why the drive was needed.
Helm stated that it would make it easier to get into the CVS with the drive.
Council Member Roden asked about the site plan.
Helm stated that the plans were ready to go as shown.
Council Member Johnson commented that in terms of walkability of the area, much of the
pedestrian traffic from campus would be going northbound. As he looked at the site plan,
westbound traffic on Oak would turn left on Avenue B with a right turn in which he felt most
students would be walking. A left turn off Oak could reduce danger as a vehicle would have to
go past the intersection.
Mayor Watts asked Helm if there was the intention to have a drive through.
Helm stated that there would be no drive through at this site.
The Mayor closed the public hearing.
Council discussed the pros and cons of the additional entrance and the use of a joint access with
the neighboring property. The legal issue of doing this at this time was also discussed in addition
to the possibility of adding a condition to the zoning.
Mayor Pro Tem Engelbrecht motioned, Council Member Roden seconded to continue to a date
certain of June 17th to allow for a discussion of all options with the applicant for a shared access
point on Oak Street with the understanding that some of the landscaping might have to be
eliminated. On roll call vote, Mayor Pro Tem Engelbrecht "aye", Council Member Hawkins
"aye", Council Member Johnson "aye", Council Member Roden "aye", Council Member Ryan
"aye", and Mayor Watts "aye". Motion carried unanimously.
City of Denton City Council Minutes
June 3, 2014
Page 22
Ordinance No. 2014-168
B. Z14-0002 Hold a public hearing and consider adoption of an ordinance approving a
rezoning of 2.98 acres from Neighborhood Residential Mixed Use (NRMU) zoning
district to the Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district
with a mixed use residential protection overlay. The subject property is generally
located on the west side of Teasley Lane, across from Ranchman Blvd., and is
legally described as a 2.98 acre portion of a called 13.194 acre tract situated in the J.
Fisher Survey, Abstract 0421a, in the City of Denton, Denton County, Texas;
providing for a penalty in the maximum amount of $2,000.00 for violations thereof,
severability and an effective date. The Planning and Zoning Commission
recommends approval (6-0) and stated their intent was to include the mixed use
residential protection overlay conditions.
Bryan Lockley, Director of Planning and Development, stated that the applicant was requesting
to rezone the subject property to NRMU-12 to construct single family detached homes and/or
townhomes. The subject tract was part of a larger property with two designated zoning districts
of NRMU and NRMU-12. If approved, the developer would use this tract to connect two
proposed residential subdivisions. He displayed the location map, future land use, site photos,
zoning analysis, and location of area gas wells. Staff recommended a Mixed Use Residential
Protection Overlay for the property which included notifications regarding the area gas wells to
potential purchasers of the property. The Planning and Zoning Commission and the
Development Review Committee recommended approval.
Mayor Watts questioned if there were any plats filed with wells within 1200 feet of a residence.
Lockley stated that there were two gas wells that were approved in the site plan process and no
other gas wells within 1200 feet.
Mayor Pro Tem Engelbrecht stated that the proposal had mentioned single family and senior
housing. He questioned if there was any senior housing within 1200 feet of the gas wells.
Lockley stated that everything would be outside that distance.
The Mayor opened the public hearing.
Thomas Fletcher, Kimley-Horn and Associates, spoke in favor of the proposal and noted that the
proposed development was for single family homes only. Senior housing was not included in
this proposal.
The Mayor closed the public hearing.
Council Member Hawkins motioned, Council Member Roden seconded to adopt the ordinance
as written. On roll call vote, Mayor Pro Tem Engelbrecht "aye", Council Member Hawkins
"aye", Council Member Johnson "aye", Council Member Roden "aye", Council Member Ryan
"aye", and Mayor Watts "aye". Motion carried unanimously.
Ordinance No. 2014-169
C. Z13-0011 Hold a public hearing and consider adoption of an ordinance regarding a
rezoning from a Neighborhood Residential 4(NR-4) zoning district to a
City of Denton City Council Minutes
June 3, 2014
Page 23
Neighborhood Residential Mixed Use (NRMU) zoning district, with an overlay
restriction, on approximately 4.9 acres. The property is located at the northeastern
corner of McKinney Street and Mockingbird Lane; and providing for a penalty in
the maximum amount of $2,000.00 for violations, thereof, severability and an
effective date. (Z13-0011) The Planning and Zoning Commission recommends
approval (6-0) with overlay restriction.
Bryan Lockley, Director of Planning and Development, presented the details of the proposed
rezoning indicating that this proposal was for a City fire station on the corner of McKinney and
Mockingbird. He reviewed the location map of the property, the zoning map, proposed zoning
map, future land use map, and public notification map. The rezoning was subject to an overlay
condition that the property could only be used for a fire station with no other uses allowed. The
Planning and Zoning Commission and the Development Review Committee recommended
approval.
Council Member Roden stated that some comments from those opposed to the proposal stated
that they were concerned about apartments being built there. He questioned what the notice said
that made people think apartments would be there.
Lockley stated that those types of comments were typical when the list of permitted uses was
presented. In order to eliminate those concerns, the restriction of only allowing a fire station was
added.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
Council Member Roden motioned, Council Member Gregory seconded to adopt the ordinance.
On roll call vote, Mayor Pro Tem Engelbrecht "aye", Council Member Hawkins "aye", Council
Member Johnson "aye", Council Member Roden "aye", Council Member Ryan "aye", and Mayor
Watts "aye". Motion carried unanimously.
9. CITIZEN REPORTS
There were no citizen reports for this section of the agenda.
10. CONCLUDING ITEMS
A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from
the City Council or the public with specific factual information or recitation of
policy, or accept a proposal to place the matter on the agenda for an upcoming
meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide
reports about items of community interest regarding which no action will be taken,
to include: expressions of thanks, congratulations, or condolence; information
regarding holiday schedules; an honorary or salutary recognition of a public official,
City of Denton City Council Minutes
June 3, 2014
Page 24
public employee, or other citizen; a reminder about an upcoming event organized or
sponsored by the governing body; information regarding a social, ceremonial, or
community event organized or sponsored by an entity other than the governing body
that was attended or is scheduled to be attended by a member of the governing body
or an official or employee of the municipality; or an announcement involving an
imminent threat to the public health and safety of people in the municipality that has
arisen after the posting of the agenda. B. Possible Continuation of Closed Meeting
under Sections 551.071-551.086 of the Texas Open Meetings Act.
Council Member Roden requested an update on the smoking ordinance.
Mayor Watts requested the following:
• Consider adding the Black Chamber of Commerce and Hispanic Chamber of Commerce
as EDP Board members
• Discussion on tax incentive policy and associated wage level
• Consider the creation of recruitment teams to promote Denton
• Consider setting a goal for EDP and Council on how many new jobs were wanted in
Denton at what wage level
• Consider increasing the public comment time in public hearings to 5 minutes
• Discussion on the letter of support from the HLC on a historic marker for CH West
• Hold a Work Session/report from Finance on a way to determine costs per capita as the
city grows to plan for revenue generation — based on number of people per services
provided such as police and fire
• Informal Staff Report or Work Session on timelines for the development process-
summary form of the process
• Work Session on a reporting mechanism for each development application and where the
application was in the process
• Work Session on the tree code — either a report from the Committee on the Environment
or a report on the status of the tree code, where the impasse was, how to get it moving.
Also how developers can pay into tree code and receive credit for trees planted later in
the development.
Mayor Watts noted that there was one Work Session item that had not been considered and two
Closed Meeting items. He asked Council for their preference on doing those items now or
postponing them.
Consensus of the Council was to not consider the items.
With no further business, the meeting was adjourned at 9:00 p.m.
CHRIS WATTS JENNIFER WALTERS
MAYOR CITY SECRETARY
CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS
Exhibit 7
LOCATION MAP
� Denton Municipal Electric Proposed Acquisition
Tony A. Riley - C6 �q�Y !
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300 � 150 300 600 FEET "�' "'�
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EXHIBIT A-1 TO ORDINANCE
LEGAL DESCRIPTION
ELECTRIC EASEMENT
BEING a 2.912 acre tract of land situated in the S. McCracken Survey, Abstract Number 817, Denton County,
Texas, and being part of that certain tract oi land described as Trad 1 in a Deed to Tony A. Rlley, as recorded fn
Document Number 93-19780 of the Real Properiy Records of Denton County, Texas, and being more particularly
described as follows:
BEGINNING at a point for corner at the intersection of the Easterly line of F.M. Highway No. 428 (Sherman Drive, a
100 foot wide dght-of-way) with the Northeriy line of State Highway Loop 288 (a variable width right�f-way), said
point being the mosl Westeriy Southwest comer of the above cited Riley tract, from which a conaete monument
found for reference bears South 20° 10' 31" East a distance of 3.94 feet;
THENCE North 29° 10' 03" East, along the Easterly tine of said F.M. Highway No. 428, a distance of 28.71 feet to a
pant for comer;
THENCE departing the Easterly line of said F.M. Highway No. 428, and over and across said Riley tract the
following three courses and distances:
South 59° 42' 36" East, a distance of 89.63 feet to a point for oorner;
South 54° 3T 56" East, a distance of 351.41 feet to a point for corner;
South 55° 23' 32" East, a distance of 1012.05 feet to a point for oorner in the East line of said Riley tract
and the West (ine of a tract of land described in a Deed to Charles A. Reed and wife, Harriet Reed, as
recorded in Volume 825, Page 183 of the Ueed Records of Denton County, Texas, irom which a 1/2 inch
iron rod found for the Northeast comer of said Riley tract bears North 02° 02' 25" East, a distance of
1253.34 feet;
THENCE South 02° 02' 25" West, along the East line of said Riley tract, passing a 5/8 inch iron rod wkh cap
stamped "TNP" set for reference at the centerline of the proposed power line at a distance of 44.50 feet, and
conUnuing along said line for a total distance of 119.99 fe�:t to a polnt for corner in the Northerly line of said State
Highway Loop 288, from which a 1/2 inch iron rod with cap stamped "RPLS 3963" found for reference bears South
52° 00' 06" East a distance of 147.13;
THENCE along the Northedy line of said State Highway Loop 288, the following five courses and distances:
Norlh 52° 00' 08" West, a distance of 358.12 feet to a point for comer;
North 57° 42' 50" West, a distance of 500.04 feet to a broken concrete monument found for camer;
North 51 ° 20' 32" West, a distance of 446.47 feet to a concrete monument found for corner;
North 58° 23' 28" West, a distance of 147.62 feet to a broken concrete monument found for comer;
North 20° 10' 31" West, passing a 5B inch iron rod with cap stamped "TNP" set for reference at the
centerline of the proposed power line et a distance oi 65,47 feet, and cantinuing along said line for a total
distance of 79.29 feet to lhe POINT OF BEGINNING, and containing 2.912 acres of land, more or less.
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�"+�cl� �C. "�ur��r, R.P.L.S.
October 10, 2013
September Z1, 2012 — Field
T.B.P.L.S. Flrtn 10011801
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EXHIBIT A-2 TO ORDINANCE
�EGAI. DESCRIPTION
35' TEMPORARY CONSTRUCTION �AS�MENT
BEING a 1.160 acre tract of land situated in the S. McCracken Survey, Abstract Number 817, Denton County,
Texas, and being pa�t of that certain tract of land described as Tract 1 in a Deed to Tony A. Riley, as recorded i�
Document Number 93-i9780 of the Real Properiy Records of penton County, Texas, and being more parlicularly
described as follows:
BEGINNING at a point for comer in lhe Easterly line of F.M. Highway No. a28 (Sherman Drive, a 100 foot wide
right-of-way), from which the most Weste�iy Southwest oomer of the above ated Riley lract and the No�therly line of
State Highway Loop 288 (a variable width right-0f-way bears South 29° 10' 03" West a distance of 28.71 feet;
THENCE North 29° 10' 03" East, continuing along the Easterly line of said F.M. Highway No. 428, a distance of
35.00 feet to a point for comer,
THENCE departing the Easterty line of said F.M. Wighway No. 428, and over and across said Riley tract, the
following three oourses and distances:
South 59° 42' 36" East, a distance of 91.87 feet to a point for comer,
South 54° 37' 56" East, a distance of 352.73 feet to a point for comer;
South 55° 23' 32" East, a distance of 989.46 feet to a point for comer in the East line of said Riley tract and
the West line of a tract of land desc�ibed in a Deed to Charles A. Reed and wife, Ha�et Reed, as recorded
in Volurne 825, Page 183 of the Deed Records of Denton Counry, Texas, irom which a 1/2 inch iron rod
found for the Northeast oomer of said RGey trad bears NoAh 02° 02' 25" East a distance of 1211.81 feet;
THENCE South 02° 02' 25" West, along the East line of said Riley tracl, a distance of 41.53 feet to a point for corner
in the Northerly line of a proposed variable width electric easement;
THENCE along the Natherly line of said electric easement, the fdlowing three courses and distanoes:
Norih 55° 23' 32" West, a dislance of 1012.05 feet to a point for comer;
Norlh 54° 37' 56" West, a distance of 351.41 feet to a point for comer;
North 59° 42' 36" West, a distance of 89.63 feet to the POINT OF BEGINNING, and containing 1.160 acres
of land, more or less.
�
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"T�wd� B. Tumer, R.P.L.S.
October 10, 2013
Sept�ember 21, 2012 — Field
T.B.P.L.S. Firm 10011607
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Exl-�ibit 2
LOCATION MAP
� Denton Municipal Electric Proposed Acquisition
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Sel Sherman - C7 �„,- '
a n,
FEET � �"�'
Exhibit A-1 to Ordinance
LEGAI. DESCRIPTION
ELECTRIC EASEMENT
BEING a 0.04U acre tract of land situated in the S. McCradcen Survey, Abstrad No. 817, Denton County, Texas,
and befng part of that oertain tract of land described in a Deed to Sel Shertnan Drive, U.C., as recorded in Document
Number 2008-0710 of ihe Real Properly Reoords of Denton County, Texas, and being mare particularly described
as fiollows:
BEGINNING at a broken oona�ete monumerrt found fo� comer at the most Southerly oomer of the above ated Sel
Shem�an Drive brec:t end the most Easteriy Southeast comer of a trect of land described in a beed to Denton
IndependeM School Dist�ict (DISD), as recorded in Document Number 97-83710 of the Real Property Records of
DeMon County, Texas, safd also being in the Northeasterty line of State Mighwey Loop 288 (a va�iable width
right-0f-way);
THENCE North 00° 58' 04" West, depaRing the Northeasteriy line of said State Highway l.o�p 288, and along the
East line of said DISD tract and the West line of said Sel Sherman Drive tract, paesing a 518 inch iron rod with cap
stamped 'TNP" set for reference at a distance of 23.78 feet, and oonUnuing along said line for a total distance of
67.31 feet to a pofM far comer, from which a 1!2 inch iron rod found at an angle point in the common Gne between
said DISD b�d and safd Sel Shertnan Drive tract bears North 00' 58' 04" West a distanoe of 217.09 feet;
THENCE South 80° 23' S3" East departing the West line of said Sel Sherman Drnre trsd, for a distance of 49.12 feet
to a point fnr comer in the Westerly Ifne of F.M. Highway No. 426 (Sherman Drive, a 10U foot wide right-of-way);
THENCE South 28° 63' 25" West along the Weste�ly line of said F.M. Highway No. 428, for a disfance of 41.30 feet
to a broken concrete monument found at the intersectlon of the Westedy line of said F.M. Highway No. �28 with the
NortheasteAy Iine of said State Highway Loop 288;
TMENCE South 72° 21' 59" West along the Northeasteriy line of said State Highway Loop 288, fo� a distance of
22.69 feet to the POINT OF BEGINNING, and containing 0.040 acres of land, more or less.
�."�ta �eN �l.F"".C�.�..
October 10, 2013
T.B.P.L3. Flrm 10011601
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� Denton Municipal Electric Proposed Acquisition
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$CNEDULE B CA EFit5=
TPfLE RE RGE5 G C6FAP
GF M0. 131001
pFF£ aATE: DECE�6Eft 9�, 2612
CObAA4ff!&E6dT DATE: JAANAAdCY 03. 20i3
THE �6LL I� f(E&iS �LA9dKE6 E4SEME'd'P5 Ndb 6AAY DR 6AAV 6d07 EFFECT
TNE SUBJECf �
�pp, tpg�ment �ecuqsd by SIA4 GEESLING and wiie, klA3Y`( GEESUWG to LUNE
SiAR CO�P6d87 rlad 90. 1916, reco�'ded ia Vdumm 946, Paqe 269,
D�mmd RacoreFa oP Danlan Coaniy, T�va.
9RV. E mml uxeculed bY E.6. C,�EESl1NC ared wH�, FAYKfLE CEESUNC etal io
L6tdE 57AR GA5 COIAPAPde �led Moy 9, 1957, rocorded In YolUme 428, Paqe
299, Raeaeds a4 �an8wn Counry, Tvxoa.
TNE F NC fIEMS U57ED �fLb�B (XB WOY EFiEGR THE SUBJECI' P
AS SH ON .
90e. Eaeae��i emeculed by S1M GEF.SUNG ond GEFSd1WG Co LONE STASE
GAS COBApIJd1' 4iled Juna 21, 5995, recaedad In VoWrnn 149, Pnga 365. Dmed
Recorde of Dentan County, 7exag.
Tif�d Decsmbar 1�c&92 ��rmcordad� n�4oWme 19b, P�F�e�' S.ffi6 �FI R�co de�eP
Den6on Csun4q, Texae.
900. Eosemmnt a�aau9ed by A79N�31P GEP:SUNG elol lo 'f�Y,AS FOW�R de LIGHT
CpAdpMdY 9{I�d Jun� 22, 195G, eoewded � Volumn A22, Page 519, 6aed
pxovds o9 pmnton Counly, 1"mxos.
iHE FQlL6WING ffE�AS USfED BEL�VB DO NoXB C7 TF4E SU9JECf �ROP.
70 YNE BES7 �F IdY KNO`9tlFYYGE.
91�. Eaeem�ni orcecuk�d bv MRS. J.7. ORF otn6 9a LaSdE 5iAIi CAS
CQLPdldY 411ad Fday 2]. �g86, peeorded In dvluena 9M16, Poqe 492, d
Recordm a9 D�n4an County, Toma�.
90h. E mmi nrc�ulad by 51M GF:ESLING 9a LONE STAR COAIPF,FdY n1��9
Jurr� 5, 9823, racordad fn VWUma 187. 8age 625, +9 Rrocoede o4 Denlon
cwnty, Tmcae.
10}. Eoemmenf exseuted hY CN4PLFS NOFFkUJd io TEXdS P06VEIE Se UcNY
CO�P9Jde' 4iled DeesmCer 2S, 1924, racerAed fa� Valuma 996, i'aqa W, D�ed
Rec of Dmnton CourvYy> 7oxa�.
sow �a�emon¢ AxAeeutaa ey �.E. ceesuHC eo �ordE sf�ut eAS eo�P�v r�d
Juroa �2, 1s26, racordsd n Volum� 206, Pa9� 447. Daod Racrords af Derakon
Courdq, Tezax.
4df, Eoeom�nfl axetu4sc9 6y bIAY GEESLING to TEXAS F'd�R & U8N&' PYJA�PAF9Y
8i{�tl O�+fil 17e 4837, rmcord�d la Voluene 2BB� Pa9� 266� Dead ft�eorda oV
PJenion Courifg. Trwo�.
90m.E�emonl eaaeutsd by a.V. 68U550.L atoW io T ft & L�KT
C66AP6d�6Y 4elad April t7, 1637, recorrlad In Voluma 265. Pap� a46, De�d
ft�ordn oW Dmnion Coua�ty. 7anna.
90n. ���1GGVff CO&d � fil�al�6�rch 2b�905Q, r�nrdad�n Vefuma 3S5�7Page
,
59�, d Rocorde o9 benton Caunt�, Tezo�.
90q, Eom�mmni �xeculod bY E.E. NG arod wHe. GFk5LINC Bo T
R� LIGF[f C6EAPAFBA iflmd SePtmmbaa� 9B, 1458, aasnrded In Yolurtre 915,
paqe 526, �oeoeds o4 DAnton Counly. Teuoo.
10v. Eoeemnrs! BuecuQad byr JAA4ES H. ftUSSELL� JR., TRUSYEE 40 'IFY.�45 �(}Wf.R
& UCFdf CQ4PMlY 4iled t9arePo 2f, 1989. racwd+d in Volum� 1067. P�
d Rea�edo oP 6ae�lon Counlp, Tasao.
te u nll wis
�°� � ��j„ i�tsoM,+wae+o�v.,wnra�o
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D.nron, T�xas 76Y6b
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2093 GOWflEG1fT OY TEF.QUE Wa1.L pNU PEAKHNOp EFdG. ALL
Fvhihi4 "'I"
STA7E 6F" TE
COU OF DENI'ON
LEGAL DESCi21PTI0N — 10.372 ACRES
ALL OF 11#�,Y CFH�RaMDY�f �i�f,� aN�f 1!C7�� @'�a9�"�4. �p6 k�rM1tll� SYIU�'ti"fE;l� pV� �R�M W�CtiG�Y�+'+1�N I'd31�'I�L� a'L
SURVEY, 7k6��"�'Po��hC�:'I' �4��+Iki�l'ti �r47, iJF:hkT4�h� �"dD�P�F11"�" "Ik.Y,ik.x, k�k.IM�C� ,A PC�i�'flf�W! 4}r' Tb�Ai� �'€�f�V�EN
97.277 A�I��" '�6��+�� i� C��IVk�:"�"P 97 P4� Dt�3ih@ Y�C?��zh,i� 'h',�N W"F'Yd, �u4al 4�� 'idMC 4�P�4'��:� NPJ iSC7�.4:t�4�;h�U
NUMBER "DR 4��1S��J� M�8" 6F�C h�C»�WL N'"���'�1�"q"� PtLC�7FlkS������ 4?��d�'��� �.�74?Y�6�"„ �I"fwN�"�, 9��4hJU 6�ClRE
PAR7ICUN.Rtiq41� C?[�:"�G�RY�p�:tz ����" '�q..a�:u� �idCl �S4�V�YsRCP�i ,h� f�7�1�J"N�a
CIk.C;IPdNkp��4,eat �u �,�� 6��m�No �r��rr �+���� i�u�aarr�d ly+ieti� ia� tNtim �r�a��sti Iivar� u1" Cr�tr;�ltrcp�� 9�arrt9 ak �a wrsr�kr�v4�
r�xl�wr6����r� �.r,rs�vravi �f d6�n su�i� Yd�,�V��ar �rt��,�, �ar�r�saz 9��inea t:N�e� �c�i�k4rwu:ut ���r�r�rr +af �n +.+r���Yx:uir� N»��r.lk
n��rr� �r�r�R r,r�d l�ruil c�� etn��rt��riNycrr� lro ��+mr� C�r L,,yaarS41 l';m�w�n�s� w� r�pt;��s�ml�c� �p°r Dv�uaoarr�ra�rut �^7earrwl�r�r
g.� �-�3��;?��}�qk�"� rstl' ����a �u%r� b"tu�r6 I���cw���rar�� Cwe�va,se^ad;s Pror #I�G+r wi�wrflhiw«�r�m"t coyav��r ea�1� dhrs h�c�E�Kiea
el���r�iCsd^w� kw�aral, ��r��rrm �wr9vlu„$ro r� 9�'��' frc�c47 cc�pr�r��l �sr�n r��a1' 4c�ti�anM1 9ae+race� h9�rCln Ri�"�4P";§%" �"e��l'»
�tl�����rd �m WY Q"��"�u��?�} fm�. a� r�lsG�ark�;�n ¢a� '���':�.�w'� �I��M �4"ta9r,,,rar�3 ._ I����a�Y,�v fv�t� kro�aRrti� 4'�}¢�
area�rk��i�wrast ��aa'r�+�r rv� e�1e� �,Kw�6,"M oserr�m �raail,
Ph�4,luG��!' "s?�urC�Y� 6i53�22" East, [Record �!+w '�;N sro+k'"B�" �;] �uV97 kVrRn �'.�a+"r�u���r��a•4 lutbor r�Y said Waiker
i�ua;�.l �rdMti1 msuf�s� Cowood iract, passing a.)fi� tr�«hv lru�r� u"���f P�a�arrr� twcuer� tk�� auratia+scre.t corner of
��i�,� �aywyr;��r� g,ract ot a distonce of 336,A'r' Tra�ak �����u�'�'�9 -� 5�"7.Q1C7 d�+c%�, �+auxii�rtirfr�r� In all a
r�l�lua��:r« �a�' 115.7D feet to a 5�8 inch a`��p���c9 rr�aow r•c���� ��� eaa�ue:� �#a�niup�nr� '"�tl�f"°• ���+p' tha
norFheast corner horaof;
RIhI.:p��"�4ik���u�f�e f�Y".7��!�6" MM"r,nc�t�� �a �iG��a�ke�rua�u� �P ��re.�*�� IGr��4, 4ia rr �u,�l3 ai7c1� a:b�u�a�r� 6�•�sa m�+9 sei
�ro�t! r'�rCw�r��rm�9 kI�IF�ti ftnu° �,0�enn .a�ta9hsw�^a�re4 ru�AU�ater h��+�rarf, ,�',a�r�ove� h�ivrvq +klua war�uth�raa4 r•¢+rr��n� rpP �
c�rR��rw �.U"t t�r,�r�� ��•ce�K•N r.r�� �crmAC4 t�� ad�wrcr��tr�G�D "uuv �axacl L�r "C°t�xas� �1��aRx��ulyMrnd Fa'�aw�¢ ���umry ea�+�
rv�;�:�rr•cBc�d n� "W�Nz�r�rsus 'O Y�A„N, C�a�c�� �b�i+� c�4 fktnrs G��nc�a� h�c�e:�n�¢�m� ¢,tl ���t+��r�udro (,san�r�� T�.xu�, poor�a which
u� 9J� ii°�us x�acN Vunaarvr� Pr�a�r��r� �"rasumt�r �k�db�";�'f" �"�z�k. (Paur4aMa9 • a� a�r'1i'�"S�m" �qr�. ti d�skra�rt�c�a of
4��.�"�' 4a�r�k ��itt�r;�r�5 •- �4�;�."N�Y A��uk,.� �qin��p �'8tian +�va�x�t rau���z�r9y r,+��uP.M�v�aaa�ak �tyren�ro� &r� ��.�ur� .5.t'7�' ocre
tract;
TNENCE North 88'67°46" Wost, [Record — N 89°59�49" W] wilh the eommon line of eald Wofker
tract ond soid 3.02 acre $ract o diskonce of 549.48 faet [Record — 549.5 feet]. ta o 5/8
inch copped iron rod set and stamped 7NP. at on angle poent of said Walker trnci;
CHFNCE Norih 38`36'OS" West, [Retord — N 40'27`41" W] cn�al6a��dCoro� w+4fi� ���ana1 �u�at"ip"r"�+YrG line, a
distance of 255J9 ieet [Record — 255.0 feet], to a 5�8 irit�a �aapa�aas� �r�q�i �urJ �o�r� ermd
stnmped TNP, being tho northwest carner of khe said 3.02 nyr�p� 4rr�r t, anrna+ k�+rinr,p d�rr'W westerly
southwast comer of thu Walker trpct and lying in the eoat kirr+m cPti ���c;+,�u'�nriSg �"+��r��':f;�
7HFNCENorth 01"56`46" Easi, [Record — N 0�'00°99" W] along the common line of ihe Walker
$ract and the east Ifne of said Geesling Raad, a distance of 460.75 feet [Record — 459.04
feet], fo the POINT OF" BEGINNING and containing 10,372 acres of lond more or less.
1,p d.��rr�rd.��pw h'�� AIw�SU� �Mwa�^u Ihni^m�a�a M'��'�'�r"� to Grid Narkh of the 7o�ne Coordinete SysYem at 1899
�N�d7�i'pk 4"adinNf^�sb� ?W�rtro, l��1UdN�'I�i� �ds���^� �°G��+'Kt��. 2002.O�y Qe tlerl.ved looally iron Weatnrn DaCa Systona
f7mtliM&Ibu�u��ml�y l��a��"'���ry�� �'��°�+�'pr§d.m �'t+N'h,�aravrr� (C6f13) Yia fleel Time KinemeYio (RTK) neYhoda. M avenBpe
GamAb9.rw�utlafp� B�naa��nr �+I" fM.9Rki7�0."3'9kGP8 w^5� u7aA��1 to scele surfece dls2encee to pr1tl. A11 coartllnetes and
�d%�Rd�K�d��� �hr�rrM �row��v qi^�r��
g+.) Tho utA114ie� ahaWn on tbis survoy are basotl upon the availabl.e irpT'rt��im+§1;bAiru msu�V "'fiold
�up�a£,�.pr�° of vAsible ebovo ground merkings pravided by TNP SUE. We raliod solmJ.y �wat %0r�y �e�u4iu�etion
�, � � vl Nj95f`�,PI�4Atl%'{�,' rN4�9,�1L�06
7�8 krim�.io- s6�Vvlmu�d of.
�Invs�'��nu��it Craa�MtlYA�u�1�i�var�fyN��i�ra�fr��r�rX��y�tx+ x tlitional uYh..11tlos&thati7NP haa�n..... .��
SURVEYOR'S CERTIFICA7E
To: Jahn Powell Wolker etal ond 7itle Resourcros Guaronty Cosnpany
"�Yr�w Uris'S�w�Kapwarva�r� �Y+�n?s q�r�r�r�e1 y��t�k,k'F,y 1�4��.y� ra �awivny �,ror� fiuLomznur+a �a.�, JR�1:5 �rcu� o�rr��eJay �rru �tlrr�
r�a�a�t�rw¢�9 re� tN�r� �rrc7�a�ao�Ey 6��ayr�a8� <Va��rr�+��# 6��r�rrnoro pc��ns�rt+�tl �^ �k�rr� u�i�Klc��re�rh�+9 �ar�ti� 1� ,�rr�aut;
4tlr�� rr�rvoay ea�t�n�rlpy �hro�ra M��wr Cro�'ai�liaa�� +�'p' rcr11 4�taiixYb'e'i�,�,r, �ka�a��haai+�;� tiarrd' �athatc irrr}a�rav�arrrrraurk�r�
niRuuaN,�t�k a�r+ G9r� �r����+�rfl�+, k9�a4 4��aia'ra �rrm n�t� vu�uG�ll�r �fl;��'r�s�ru��r��iraa� r:�niluz°tt� sdra�ditirr��a, oar *aatr�a,
krm�no�+�ruy� Vbr��w c�rurRRa:t�a�, �ir�rr�o����,pi��iaa�rrk�s�. crva7rl��N�p��rvq,� �rA ire��ad°t�mrrcrurwt r�4a�atr�ria�rat�. c��'
od+gkr��r������arN—�wewy «a;ae:a�p�k r�a skr�wn �wa� Mh4�s gr���Gk Yu�r��p�re, 4&��uR. �w�waarai prrrt�rcrfl� ku�a� a�a� n��n� p� r��raa�
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