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HomeMy WebLinkAbout08-16-1994 tEo-Ny Ir r 1 I N i R~ f sA J J I '.r CITY COUNCIL AGENDA PACKED ; J 94 8/16/ s Jr R r J , , 1 ~ . A. A M H4 1 r, « 1. .4 ♦y V ~ `.1?A'~d l.~IY4~'~ i • lwhitl,,.,wr.~.~Y~01n41D11i0alW6f M/yVirtiY'N': Yi'~w'4' Kc+ a I 1 A.71g1 ~ AGENDA CITY OF DENTON CITY COUNCIL 116 - i August 16, 1994 /OVA Executive Session of the City of Denton City Council on Tuesday, August 160 1994 at 5:15 p.m. in the Civil Defense Room of City Hall, 215 E. McKinney, Denton, Texas, at which the following items will be considered: 5:15 P.M. i. Executive Sessiont A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 ApWts 1. Consider claim against GTE for non-payment of franchise fees. 24 Consider claim against Wiltel. li B. Real Estate Under T£Y. GOV'T CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 f> Work session of the City of Denton City Council on Tuesday, August 16, 1994 at 6:00 p.m. in the City Council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: fs: ~ 'r. 6:00 p.m. ' r 1. Receive reports and hold discussions regarding the following budget presentations: Municipal Services Municipal Services/Economio Development r" Environmental Services Library Parks and Recreation Facilities Management Regular Meeting of the City of Denton City council on Tuesday, August 16, 1994 at 7:00 p.m. in the Council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be coneideredt i 7t00 p.m. 1. Pledge of Allegiance a 2. Consider approval of the minutes of the Planning Session of June 17, 1994 and the Regular Session of June 21, 1994. 3. Public Requests A. Consider approval of a resolution oloving the 100 blocks of Oak, Elm, Hickory and Locust Streets from 6:00 a.m, until 6tO0 p.m. or, Saturday, September 24, 1994 for ` County Seat Saturday". 41,. ' N. k , City of Denton City Council Agenda A94*1hR(.-- August 16, 1994 ` Page 2 11. Consider a request from Cabin Fever Productions for an exception to the noise ordinance for a film production at I{ the Fairgrounds on September 17-18, 1994. 11~ 4. Public Hearings I A. Hold a public hearing and consider adoption of an ordinance rezoning 0.371 acres located on the north side of Highland Street approximately 62 feet from Carroll Blvd. from 2F (two family) dwelling district to Planned Development District 108. (The Planning and Zoning Commission recommends approval, 7-0.) Z-94-016 B. Hold a public hearing and consider adoption of an ordinance rezoning 0.365 acres located on the north side of. Interstate 35E approximately 100 feet west of Loop 288 from Planned Development District 6 to Commercial District. (The Planning and Zoning Commission recommends ap,)roval, 7-0.) Z-94-017 C. Hold a public hearing and consider adoption of an ordinance rezoning 24.125 acres known at Section 3 and 4 of McDonnell Highlands from a Planned Development zoning district (PD-98) to a single-family (SF-7) district. The site is located approximately 20000 feet oast of Mayhill Road, on the south side of M.:Kinney Road. (The Planning and Zoning Commission recommends approval 6-0.) Z-94-015 D. Hold a public hearing and consider adoption of an ordinance amending the Dotailed Plan of Planned Development No. 21 to allow for additional duplex structures. The 26.841 acre site, known as Good Samaritan Village, is located at 2500 Hinkle Drive, on the west side of Hinkle Drive south of Headles Lane. (The Planning and Zoning commission recommends approval 7-0e) Z-94-018 8. Hold a public hearing to consider requests for variances from Section 34-114(17) and 34-7(c) of the Subdivision and Land Development Regulations, regarding sidewalk construction and variance procedures. The request was } made by William C. and Mary Lou Collins, for property known at Lots 3A, 3B, and 3C, Block 4, Wattam Addition, located at the southeast corner of Fannin and Welch Streets. (The Planning and Zoning Commission recommends approval,) F. Hold a public hearing and consider adoption of an ordinance repealing sections 34-1 through 34-98 of Chapter 34 of the Coft of Ordinances (Subdivision and Land Development) by adopting new Section 34-1 through 34-46; by amending Section 34-114(17) and repealing x Section 34-127; to provide for the approval of minor plate by the Development Review Committee; the granting F c i ,rM1{Y I a AgeWa NO ' City of Denton City Council Agenda Apmde~t August 16, 1994 Page 3 Ql~A E 6 i of variances by the Planning and Zoning commission and waiver of development exactions by the City Council; denying connection to utility service under certain packayeel defining terms] providing procedures for submission and approval of plans and plate; requiring approval~of plate and construction plans for public improvements prior to development if landl providing a aim p1 iad plat processl adopting guidelines for vacating r a plat, replotting, and amending plats) providing for conveyance plats; providing for adoption of coverage under Section 212.041 of the Local Government Code relating to development platsl providing an annexation policy; providing developmental standards in the extraterritorial jurisdiction; providing requirements for public improvements; and providing method to delay sidewalk construction and decreasing the local street intersection separation standards. (The Planning and Zoning commission recommends approval 6-0.) 5. Consent Agenda Each of these itemn is recommended by the Staff and aroval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his f' designee to implement each item in accordance with the Staff " reoommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids and purchase orders to be approved for s, payment under the ordinance section of the P;a.lda. Detailed back- up information is attached to the ordinanL,.2 (Agenda item 6.A), This listing is provided on the Consent Agenda to allow Council Members to discuss or withdrew an item prior to approval of the Consent Agenda. Upon the receipt of a "request to speak" form from a citizen regarding an item on the Consent Agenda, the item shall be removed and be considered before approval of the Consent Agenda. A. Bids and Purchase Orders { i. Hid 11652 - Contract Concrete Work Be Plats and Replats 10 Preliminary plat of 100 lots in seven blocks within the McDonnell Highlands Addition, Phases 2 and 3, The 24.125 acre site is located on the south side of McKinney Road across from B!.lly Ryan High School. (The Planning and Zoning Commission recommends approval 6-0.) aft r off/ City of Denton City Council Agenda August 16, 1994 AQOAddI; Page 3 Da 6 of variances by the Pl=o and Zoning Commission and waiver of development ns by the City Council) denying connection to utility service under certain f packages; defining terms) providing procedures for I submission and approval of plans and plats; requiring approval of plats and construction plans for public improvements prior to development of land f simplified plat process; adopting J providing a f a plat, replatting, and amendiguidelines for vacating conveyance plats; providing for adplate option of coverage under Section 212.041 of the Local Government Code relating to development plate; providing an annexation policy; providing developmental standards in the extraterritorial jurisdiotion;providing requirements for public improvements; and providing method to delay sidewalk construction and decreasing the local street intersection separation standards. (The Planning and Zoning Commission recommend3 approval 6-0.) 5. Consent Agenda Each of these items is recommended by the staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his r f designee to implement each item in accordance with the Staff f recommendations. The City Council has received background information and has had an opportunity to raise questions regarding t these items prior to consideration. Listed below are bids and purchase orders to be approved for payment under the ordinance section of the agenda. Detailed back- up information is attached to the ordinances (Agenda item 6.A). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. Upon the receipt of a "request to speak" form from a citizen regarding an item on the Consent Agenda, the item shall be removed and be considered before approval of the Consent Agenda. A. Bids and Ourchase Orderas 1. Bid 01652 - Contract Concrete Work B. Plats and Replete 1. Preliminary plat of 100 lots in seven blocks within the McDonnell Highlands Addition, Phases 2 and 3. The 24.125 acre site is located on the south side of McKinney Road across from Billy Ryan High School. (The Planning and Zoning commission recommends approval 6-0.) . S le City of Denton City Council Agenda Aper~eHn August 16, 1994 Date Page 4 21, 2. Preliminary plat of Lots 2 and 3. Block 1, Good Samaritan Village Addition. The 23.30: acre site is located on the east side of Hinkle Drive, south k!{ of Headlee Lane. The Planning and Zoning { Commission recommends approval 7-0.) 1 6. ordinances A. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvemonts. (5.A.1. - Bid 11652) B. Consider adoption of an ordinance partially vacating a certain public utility and drainage easements recorded in the real property records of Denton County, Texas at Volume 1686, Pages 08520 0858, and 0860, located in the Southridge Estate Addition (The Planning and Zoning Commission recommends approval 6-0.) 04 Consider adoption of an ordinance prohibiting the parking of vehicles on certain portions of Railroad Avenue and 1 East Hickory Street near the Denton Municipal Complex. (The Traffic Safety Commission recommends approval.) D. Consider adoption of an ordinance authorizing the city Manager to execute an agreement between the City of Denton and Denton State School for the operation of a public park. E. Consider adoption of an ordinance amending the schedule of fees for filing applications for review, approval, grant or issuance of plats, plans, permita, licenses, certificates, variances or designations required by the subdivision Rules and Regulations and Zoning Regulations of the Code of Ordinancesl and making this ordinance Gvmulative. (The Planning and Zoning commission recommends approval 6 ' 7. Resolutions A. Consider approval of a resolution authorizing the city Manager to execute Amendment No. 3 to the public transportation contract with the Texas Department of Transportation for funding public transportation. B. Consider approval of a resolution authorizing the City Manager to execute a public transportation contract with the Texas Department of Transportation for funding public transportation. r CO Consider approval of a resolution approving the fiscal year 1995 budget of the Greater Denton Arts Council for hotel occupancy tax funds, pursuant to Chapter 351 of the Texas Tax Code. ,'err r AQendalte City of Denton City Council Agenda Date August id, 1994 S~d Page 5 D. Consider approval of a resolution approving the fiscal year 1995 budget of the North Texas Fair Association for hotel occupancy tax funds, pursuant to Chapter 351 of the Texas Tax Code I E. Consider approval of a resolution approving the fiscal f ` year 1995 budget of tha Denton Convention and Visitors a Bureau for hotel occupancy tax funds, pursuant to Chapter 351 of the TexaE Tax Code. F. Consider approval of a resolution approving the fiscal ! year 1995 budget of the Denton County Historical Foundation, Inc. for hotel occupancy tax funds, pursuant to Chapter 351 of the Texas Tax Code. O. Consider approval of a revolution approving the fiscal year 1995 budget of the Denton County Historical Hussum, Inc. for hotel occupancy tax funds, pursuant to Chapter 351 of the Texas Tax Code. ' H. Consider ap roval of a resolution approving the fiscal year 1995 Financial Plan of the DENCO 9-1-1 District. } is Consider approval of a resolution approving the 1994-95 budget of the Denton Central Appraisal District. e. Hold a discussion and consider adoption of an annexation schedule with regard to a proposal to annex 163 acres located " north of Jim Christal and went of Masch Branch Road and another 68 acres located north of Ryan Road and east of r Forrestridge Drive. A-66 and A-67 96 Consider appointment of Deputy City Secretaries. 10. Hiscellaneous matters from the City Manager. A. Receive a report, hold a discussion and give staff ! direction regarding a request from Science Land for Lalor funds. Be Receive a report, hold a discussion and give staff direction regarding a resolution petitioning the Texas Alcohol Beverage Commission to enable the Council to consider an ordinance prohibiting the possession of an open container or the public consumption of alcoholic beverages in specified areas of the City. I C. Receive a report, hold a discussion aM give staff direction regarding a proposed resolution to th` Texas Municipal League regarding the appointment procers to city boards and commissions. Ica ..q. 40 j City of Denton City Council Agenda Apb1+d8110f►~ 1 A Page 6 ugust 16, 1994 ate Q _ 6 D. Receive a report, hold a discussion and give staff direction regarding the formation of a Blue Ribbon t Committee to study the issue of fire protection in the J downtown area. i 11. Official Action on Executive Session Itemsi A. Legal Matters ; 8. Real Estate C. Personnel D Board Appointments , 12. New Business This item provides a section for Council Members to suggest items for future agendas. 13. Executive sessions A. Legal Matters Under TEX. GOVT ro1DE Sao, 551.071 B. Real Estate Under TEX. GOV'': CODE Sao. 551472 ` C. Personnsl/Board Appointments Under TEX. GOVT CODE 4 Sao. 551.074 ` NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO EXECUTIVE SESSION AT ANY TIME REGARDING ANY ITEM FOR WHICH-IT IS LEGALLY PF,RMISSIBLE. C E R T I F I C A T E ' y 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 r [ the day of a, fi (pm.-f , 1994 at o~clock (a.m.) G; t CITY 8 STAR NOTEI THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DI8118I,.ITIEa ACT. T CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN 4 ADVANCE OF THE SCHEDULED MEETING. PLEASI: CALL THE CITY ? SECRETARYI OFFICE AT 366-8309 OR USE TELFCOHNUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX 80 THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETI OFFICE. •l ACCO0202 { 1 i ~ 5-CITY ;"CO N T' ! I r =1 LLL v \ 11 l ~ 1 P ~ ~ i 1 / '1! Y r \ t F I f b I 1 4: r c i4 I I. i 4 F Par.; ^y0 I t 4I P.&A -911 CITY OF DENTON CITY COUNCIL MINUTES June 17, 1994 The Council convened into the Annual Planning session on Friday, E June 17, 1994 at the Marriott Solana, Westlake, Texas. i PRESENTS Mayor Castleberry! Mayor Pro TOM Brock; Council Mombers chew, Cott, Miller, Perry and Smith. ABSENTS None FY 1994-1995 Budget Overview Lloyd Harrell, Cit Manage+:, presented the budget calendar for council review, Mayor budget issues would be presented on July 5th instead of June 28th as previously listed. Harrell stated that the budget this year should not be a difficult budget. He stated that the genera: fund balance generally was maintained at an 8-10t balance. During the last few years that figure had been at 101 and anything above that 101 had been used to help balance the current year budget. This year had been a good year and it was projected that there would be a fund balance of q approximately 151 which would provide a good amount of funds to help balance the budget. Staff was Suggesting that one of two alternatives be cu;isidered for the fund balance. In the past the additional fund balance had been used to help fund operational expenses, One suggestion was to not use all of the funds for operations but to look at the requests of some departments to use the funds for one time expenditures. Approximately 551 of the fund balance would be used to fund these one time expenditure i'tems and 45t' percent would be used for operations, The proposed budget would use the $710,606 for deferred repairs and maintenance, capital improvements (new roofs for four City facilities of which three would be paid out of the general fund for $177,300 and the fourth would use the reserve fund of the hotel/motel funds for the Civic Center), and new or replacement vehicles and equipment. council Member Cott felt it was needed to discuss what was promised with the half-cent sales tax. Harrell discussed the sales tax/property tax proposal. It had been 1 indicated to the voters that property taxes would be reduced by at least 204. Preliminary figures indicated that it would be possible to lower the taxes by 22.351 which would reduce the tax rate to $.5807. The effective tax rate would be $.5818 which was the ! amount needed to bring in the same dollar amount as last year. This was dependent on the assessed value as determined by the E Denton Central Appraisal District. Staff was suggesting that the actual tax rate be set $.11/$100 evaluation lower than the effective rate. Council Member chew stated that there appeared to be more protests this year. He asked what percentage was added in last year. ,Y I R ~r.IRR~ Ape Wo Aper*1 Qatar: City of Denton City Council Minutes y June 17, 1994 Page 2 DuBose replied that 2t was figured in for this year. 3 Harrell indicated even though this would be a good budget, there was a substantial amount of operational costs which had to be incorporated into the budget'due to new facilities. The three' major facilities were the Denton Municipal Complex with the associated jail facilities, the Denton Public Library-South and South Lakes Park. The proposed pay plan had an average increase of ! 4.61 with a pay for performance increase from 0-5t and civil service compensation at 4.61. Mayor Castleberry asked if the full Mercer program would be implemented with this budget. Harrell replied that it would not quite be at a full program but progress was being made to the full program. There were no benefit increases included in the proposed budget. ~Ip funding and acnroval o IP schedule and potential tuna isaueR k City Manager Harrell stated that in 1985 the voters approved 'a five year CIP program and in 1994, the City was still working on that program. That had been done as there was a no tax increase pledge made to the voters regarding that bond sale. $21,637,000 was authorized in 1986, $16,380,000 A:i been issued to date and $5,257,000 remained authorized but unissued. In the street and transportation area there was approximately $3 million left and unissued. Most of that money represented funds which were discussed with the voters as being earmarked for various State Highway Department improvements. It was felt that those bonds would not be issued. In 1967-88 the State picked up some of the projects which the City thought it would have to do. There was a small amount of money left in the drainage category and all projects had been done as indicated to the voters. The category I for athletic fields, neighborhood and senior citizen centers had dollars remaining. A decision had been made by Council to not build two new recreational centers but rather to purahaee property in the south and northeast and do minimal park improvements. At a future date, recreational centers would be considered at those parks. All of the funds in that category would not be used and it was suggested that they not be issued. The 1995-99 CIP plan was reviewed. Alternatives associated with f' the 1995-99 CIP Included (1) hold a CIP election this fall cr winter in order to fund the 1994-95 CIP; (2) cancel the unauthorized projects contained within the 1994-95 CIP and hold a CIP election in the future, or (3) complete the 1994-95 CIP by utilizing authorized but unissued street bonds. After approval LOW r gu- b ~ City of Denton City Council Minutes Apendeft } June 17, 1994 Da!Lg r 9 Page 3 3~ y6 "d F from the 091 Committee, 3134,750 would be used for the reconstruction of College and Second Streets between Locust and Bolivar Streets, i`he corpletion of the roofing projects would be used with funds from the General Fund balance and the Hotel occupancy Reserve Fund. One item which would have to be delayed if no bond issue was done would be $300,000 to upgrade the existing park system. Staff felt that this would be a responsible delay. The $140,000 for the airport would not be from bond funds but rather from the General Fund. If the above delays were done, approximately $1 million worth of projects could still be don3. j There were some projects which really needed to be done such as the drainage projects. If Council approved a sale of a portion of the $3 million authorized but not issued street bonds, it was suggested that $700,750 be use. for sidewalks on one side of t;a roads being redone by the state Highway Department such as Teasley Lane. Mayor Pro Ten Brock felt that there was a need to be careful regarding this first year of making the shift in the property tax. Council Member Smith felt that there was a need to use the initial { bonds as already approved by the voters. Council Member Perry asked that if option (2) were done, what would that do to the debt service. ,t Harrell replied that it would be at about the same level. Kathy DuBose, Acting Executive Director for Finance, stated that of the $3 million for streets, Council had approved last year to use $1,400,000 for Fort North Drive which was built into the CIP in the 1996-97 time'framel City Manager Harrell stated that this would be the last year which this could be done. Next year the Council would have to go to the voters for more bond funds. If Council agreed to this option, staff would work with the 191 Committee and the Planning and Zoning commission for priorities. Chew motioned, Smith secorded to approve Option Two. Option Two included no bond election this year, utilize authorized/unissued street bonds of $134,000 for the reconstruction of College and Second Streets between Locust and Bolivar Streets, complete $3990000 in roofing projects with funds from the General Fund balance and the Hotel Occupancy Reserve Fund (Civic Center), delay existing park upgrades of $300,000 for another year, utilize $300,000 of accumulated bond interest earnings to fund the South Fakes Psrk development, and appropriate a General Fund balance for i yA'`. I 'I ~gendaNo 44-~2~6 4~endal4erR~. City of Denton City Council Minutes (bte - r Q June 17, 1994 ej pa y Page 4 the $140,493 for the Airport 1,000' runway construction and lighting system grant if the federal grant was obtained. This option would delay the need for a CIP election for one year and relieve debt service to allow approximately $1.000,000 In other projects to be added to the 1994-95 CIP. Those additions could include $300,000 of authorized/unissued drainage projects an& j $750,000 for sidewalk construction along highway projects approved k in the 1986 bond election (including Highways 380 and 77, Teasley j I Lane and Fort Worth Drive). The individual projects would be seleoted by the Planning and Zoning Commission, recommended by the 191 Committee and approved by Council. Council Member Perry asked where the sidewalks would be on Highway 380 and Highway 77. Svehla replied that the exact location was nct known at this time but they would be on one side of the road%ay and near existing development. On roll vote, Brock "aye", Cott, "nay", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. COPS Internal Review Mike Jez, Police Chief, stated that the original COPS project started in southeast Denton in 1989 and went oity-wide in 1990. It appeared that the program had reached a plateau regarding where the program was and what types of internal programs could be done in order to continue forward with the program. An assessment. was done looking at successes and failures and internal blockages regarding the program, The assessment report looked at the future of the program and relooked at the mission of the program, making ears it 3 was still consistent with the desires of the community. It also looked at the future vision of the department in the community. A comprehensive organizational assessment was performed which looked at a number of organizational areas. The assessment discovered several opportunities for internal changes in tht definition of COPS roles new initiatives in the area of community involvement, and organizational pride. Coimunication was sn area which continually challenged the project with both internal and external communicat.ton. Managing resources was another area identified by the assessment. This area would deal with a change in the form of officer evaluation which would center more on the qualitf of life in the districts of officer involvement. Training was an ~mportant issue for the community oriented policing efforts. The and result of the planning initiative was the development of 32 areas which would be worked on in tho future. ,j t s= Iwo All . ~pendaNa 9'y- b Agendall Dale' City of Denton City Council Minutes S~ June 17, 1994 page 5 Impact Fees Lloyd Harrell, City Manager, stated that several months ago, Council had discussed impact fees and a park dedication ordinance. At that time, Council authorized the park Board to begin a dialog with developers regarding a park dedication ordinance. It was discussed that if Council desired to begin the process regarding impact fees, a consultant would be necessary to work through the process and develop the necessary formulas. That would be a budget item for Council consideration. Prior to doing that, Council wanted a report from Utilities regarding what effect impact fees would have on utility rates. Bob Nelson, Executive Director for Utilities, stated that the purpose of an impact fee was to equitably appropriate the cost of today"s expanded service to tomorrow's customers. The current practice was to finance capacity expansions with bonds. Future customers participated in future debt service with doflated dollars, He detailed impact fee considerations which were listed in the agenda back-up materials as well as comparisons of area cities which had impact water and wastewater fees. t City Manager Harrell stated that one area city had increased their v r impact tae and had anticipated a decrease in development: but that did not materialize. Nelson continued with an impact fee comparison for the years 1995- 1 1004 as noted in the agenda back-up materials and the cash flow of tout on future residential customers which would be approximately $9 per month# He felt that if the City was going to have impact fees, now would be a good time to do so. An outside consultant s would be needed to work with staff, Utility Issues J Howard Martin, Director of Environmental Operations, presented the f landfill expansion issues and existing landfill issues as noted in ` the agenda back-up materials. He also detailed the Solid Waste Master Plan issues as listed in the agenda back-up materials. Council Member Miller asked if the Task Force was looking at the E timing of the issues. Martin replied that those issues had been presented to the Committee for consideration. Bob Nelson, Executive Director of Utilitiee, presented issues dealing with the electric power supply study which were included in i i r x'. y r S ~andeNo `~/'d~ Ape~dalterr~.,[?; q~ i Dme _F City of Denton City Council Minutes to ~p y June 17, 1994 Page 6 the agenda back-up materials. The Power Supply Study would identify the options for future power supplies for Denton with options identified by sensitivity and cost analysis. Council Member Chew asked if anything had been done with the State i legislature regarding this issue. Nelson stated that the issue was in the hands of the State and anticipated bills in the next session of the legislature which would need to be addressed. He detailed a Power options Decision Tree which indicated options the City could go regarding remaining a TMPA member. This chart was included in the agenda back-up materials as were the TMPA issues. Council Member Miller expressed concern regarding the fact that TMPA was not considering its customer cities. He felt caught in the middle as Denton had to be very sensitive to its customers. fats on Building Projects Y" Betty McKean, Executive Director for Econonic Development and municipal services, stated that there were many ongoing proiecto at f: this time. She reviewed the parking facilities at the Denton Municipal Complex and indicated that there was this possibility of negotiating for property for overflow parking at the site. one lot would be restricted from students until 6:40 p.m. so that it could be used for City business. Council Member Cott questioned where the ever increasing student population would be placed at the building. McKean replied that the existing space was maximized with evening and weekend classes plus classes were being held in facilities in the city. More would be known after the move to the building by the police department. Mayor Castleberry asked if the south plaza entrance would have parking McKean replied that the plan was to sign that area as no parking but parking would be allowed until an ordinance for no parking was approved by Council. Council Member Miller felt it might be best to do the parking in steps as once the students were used to parking in an area, there right be more problems when the parking was restricted. k Mo Agenda Agendali i Data ~~i~ } City of Denton City Council Minutes 7``ff June 17, 1994 Page 7 { ` Bruce Henning:on, Facilities Manager, presented a schedule of time lines for the move to the Denton Municipal complex which was ' 4 provided ai a handout to Council and included in the agenda back-up materials. A tentative date of September 20th was selected for an Open House fo; the facility. He also reviewed the departments which would be located in City Hall West and the time line for construction/renovation of City Hall. This information was also included as a handout to Council and included in the agenda back-up materials. consider ARSu gy,1l of South- Lakes Park Plan Design Rich Diugas, Director of Park and Recreation, reviewed the background information regarding South Lakes Park. Carl Bieberstein, consultant for the project, reviewed the schematic design prepared for the overall park site including Phase I. They had reevaluated the basic elements of the design and concurred with the overall original design of land uses in the ark. That design had an access off of Hobson, an active use area in the southern portion of the property, another active use area in the northern portion of the property, a native plant museum in the ; western portion of the park which would be left in its natural a, state. Their refinements included altering the entrance roadway by curving the road to maximize a view of one of the lakes and maintaining a natural stand of trees. The long linear parking areas were eliminated and replaced with curved parking areas. In one of the active use areas, there would be two pionic areas, a multi-use court, two tennis courts with room for expansion, restrooms, and a playground. The parking area in the active use area was larger than required so as to accommodate users of the to Rurskal playground. Phase I would end past the an the parking areas. Construction of Lake ii would be in Phase I as well as the walk systems and fishing platform while Lake I and Lake III would be developed later. Parking off Teasley Lane would be in Phase I and it was suggested that a smaller playground in the northern section of the park also be developed in Phase I. He presented various elements for the park including entry design, pavilion design, restrooms, lighting, paving, etc. Mayor Pro Tom brook stated that the major part of the population was in Southridge and that it would be difficult for children from that area to gat into the park and to the playground. She felt thL. there needed to be bitter access for those children and was concerned that there was no major access for those children off Teasley Lane. 4 i.7oM Mal AgendaNo Apel~deic ~ j Dace - / - ~?'y City of Denton City council minutes 8.1 June 17, 1994 ~D page B ' B tei access stated to the trail wsystem which wouldPallowgforgaccess immediamedia } to that area. They had looked at the feasibility of routing access rohibit that off o! development and would incrasermain enanceu by having a road but it Was & flood lain in the flood plain. It was felt that the best overall access to the park was off Hobson. should not Mayor Castleberry tanddththat at children in safer to haver the a cess off cross Teasley Lane Teasley Lane on Hobson. Council Member Cott stated that there were several He asked for in the area which might be tied in with an entrance. description of the safety features throughout the park. eiebersteto stated that that W391 of the trails. All of topicfacilitiesfrom lighting to the width be barrier free and handicapped accessible. security ligghting would be built into the restroome and pavilions. phase I''did not have !beds for lighting the trails but would be included in later phases. > Council Member Miller asked if there was a stand of trees In the , location of the Leathers playground. Bieborstsin replied that there were existing trees nearby but not p, right next to it. ossible to locate the Council Member Miller asked if iofwtiYees end strongly recommended playground,in an existing atnnd that it be built in existing trees. i HieWrstein replied that the playground would have to be moved to a dif B t location time trues areao the treesnVero cleared up afordthe tress, . Y the see* be playground good stand of trees inhthetarea.•~o Bob Leathersofelt There. that it would be better to place new trees as part of the design of the playground. the Council Member Miller felt that location had a big impact osole playground. If there were no trees anywhere in the area, p p could understand building the playgt~ranI! where were in Yeasonabl9 ttaes. If !I Perception was reality in thiq case. poople would question why the equipm-ant was not placed in those trees. He reeommendeS building the playground where there were current tress,and consider altering the overall plan to place ~ndaac 9y- City of Denton city council minutes Ag@adaltOrl' '5.~,...r June 17, 1994 (ate 9'14" w Page 9 the playground in the trees. Bieberatein stated that they could evaluate additional sites if i desired. Mayor Castleberry stated that there were large trees in the City nursery. The playground could stay where it was but put some of those larger trees in and around the playground. Dlugas stated that there was money in the budget for landscaping and some of the Cityts trees from the nursery could be used. Council Member Cott encouraged added safety in the development. Mayor Castleberry stated that South Lakes Park was a city-wide park and did not belong to any one section of the City. Everyone r ' throughout the City should be encouraged to use the park. ' Mayor Pro Tom Brock hoped that the park would be heavily used by people all over the City. As uhildren from other pasts of the City would have to be driven into the area, she was su 5 there be a sale and real across for the children Proms Southrithat dge who would probably not use the Hobson entrance but rather go across Teasley Lane. 1 City Manager Harrell stated that the Parke and Recreation Board had looked at the design and recommended this design to council. if Council was comfortable with the design, it was ready to go to bid. If Council wanted to look at other alternatives, staff needed those dir`otions. Council Member Cott asked for the cost of project. Dlugas stated that Phase I would be approximately $1 million and T $i,b million with land acquisition and development. Council Member Cott asked for the cost of the other phases. Dlugas replied that Phase ii would require additional bond funds of $1.3 million. Chew motioned, Perry seconded to a trance of Phase I and to encourage people to use the HobsonvLaneeenconcet Council Member Miller expressed a concern regarding not looking further at the location of the playground. He felt that it would not take a long time to look at another site. AgendaNo Agenda Date. City of Denton city council minutes June 17, 1994 Page 10 expressed concern about more council Member Cott agreed and i specific saiety features. " " Cott "nay", miller "nay", Smith "aye", on roll vote, Brock nay , "aye", Motion chow "aye", Perry "aye", and Mayor Castleberry l carried with a 4-9 vote. i •'brar~ ~o outer Eva Poole, Library Director, gave a presentation of the automated I system which would be used in the library and a time line for the i project which was included in the agenda back-up materials. Rick Svehla, Deputy City Manager, stated that the computer system for police/tire was still in the request for proposal mode due to the police department several factors. One factor was the move Of It was felt that it would be to the Denton Municipal complex. bases of the leted better to hava'the move The second fe for wasnstalli a joint dispatch study r, now computer system. the possibility , being done by Denco 9-1-1 whi of saving money by diverting ch cowas sts to sa igconsolidnte8 dispatch Results of the study was that there were some scenarios system. tare by diverting costs$ The i which might save money in the long wahat the overall consensus too the to make nsu hta systemuwo k.s tThe RFP County was still process would last several months. The computer would Yetisphase, in phases with the,computsr aided dispatch being The mobile phase followed by the management information system. from mobile would be installed last with a variety of equipment Technology was r data computers to notepads to tickees ltequipment and it would be changing very rapidly for tce det as passible. necessary to remain as up ^ nartmant Issuefl Fire i City Manager Fire Station i ass it would decision was needed budget process deoisionY regarding It other alternatives wore selected there would be some major financial implications which would affect other programs and would have to be discussed in context of the budget. The di caussion regarding Fire Station 1 began when the voters approved bond . At the City had rovided the fundi for to the v ters thatithe6bond issue issue in 1986 which Shortly after selling the same timo, the would be done with no tax yincrwent ease. o bonds in gring ' the the budget discussion in 1991-92 etherenw values . Du as a major t4 e?. any 40 WW8 No A9endalt rr'S City of Denton City Council Minutes ~teJ~ June 170 1994 Page 11 budget issue regarding how to proceed. An alternative suggested was that if Fire Station 6 went on line in the traditional manner, 12 additional firefighters would have had to be hired for that station. That would have been a major cost to the City. The proposed budget for 1991-92 had funds proposed for 12 new firefighters as a major budget issue. During that budget time period, staff and Council focused on that issue with concern regarding the magnitude of dollars it would cost to bring that station on line. Current newspaper articles were unfairly focusing on the Fire Chief's role in the decision to close Station 1. He had challenged the Chief to try and find alternatives rather than add those 12 additional firefighters. There were many Council meetings focusing on response circles and response times in the City. After a series of budget sessions and open meetings, the Council developed the moat cost effective method to move forward which was to close Station 1 and open Station 6 with an ambulance at Station 1 during the daytime. The decision was made in open session and was well covered in the newspaper. The debate regarding the pros and cons of that alternative was held in open session but the decision was made to avoid a tax increase. Now since station 6 was open, residents were starting to have concerns. Council Member Smith stated that the Council made the decision regarding Station 1, not Chief Cook. I John Cook, Fire Chief, stated that soon after he had started working for the City, he recognized some deficiencies in the City. Through four years of dialog with the Chamber of Commerce, it was repeatedly indicated that a city the size of Denton should have 7 engine companies and 2 ladder companies. The City had 5 engine companies and one ladder truck. The City had l'd firefighters on j duty every d+ty and should have 27 on duty. Th3 issue not addressed i was the element of response time. The most critical element of rasp,%nss time was from the point from origin to the point of when the fire was detected and reported. That was why sprinklers were so vital. The greatest success at a recent fire at the Benchmark was due to a sprinkler system which put the fire out. The fire indicated in a recent article was one which burned for hours before it was detected, if there had not been adequate detection and 1 sprinkler systems, the outcome would have been the same. Mayor Castleberry asked if there were any questions regarding the computer model of the City response time. Cook stated that a conputer model was used based 6n a static model of the fire station which meant that the fire station would always be occupied when an alarm went off. That model indicated areas in the City which were beyond nationally accepted standards of five 9 . Aa 17 { ` AgendaNo. ' City of Denton City Council Minutes aAenda►ta June 17, 1994 state' Q'!/ j Page 12 1 minutes. The issue had been raised concerning three minute response time. City Manager Harrell stated that the Public Technology y was on agency created by the International City Management Association, the National League of Cities and a county organization to do technology research for the public sector. Most cities use this computer model to determine placing of new fire stations. Cook stated that the study was done before he came to the City but that he had revisited the study in July of 1991 before any decision regarding station 6. Even It the City had the requirad number of i firefighters, there still would not be enough firefighters on duty for a worse case scenario. The only way to control a major lire was through the use of sprinklers. He presented options for the Central Fire Stations (1) Abandon the building and move the offices'to other facilities. The building could be used by someone else or be leveled as a parking lot, a (2) Keep as is with offices in place. Convert the south side of the building for Fire offices and move other offices to the north side. 2a Do nothing but only repair the roof. One reason to N close Station i was the physical condition of the building. fr Total use of t (3) he building by others and move the fire offices to another building. (4a) Reactivate Station i and hire the additional fire fighters. at a cost of $489,000 in salaries. Twelve additional firefighters would be distributed lour to each three shifts which would only allow for 3 people on duty at a time for each station. (4b) Reactivate Station 1 and move a truck crew there or purchase a Quint with full repairs. This would take a Station 3 crew and move to Central. While response times would marginally improve, { they would not be any better fire protection as there would be the k same number of people. It Station 1 were not reactivated, some concern would have to be given to what would happen later on because at some point with the community expanding, there would be a need to build an additional stati:pa. If that were dcno on the east side of the Airport which was the most logical place to build a new station, there would be a t.emendous amount of overlap in coverages. At that point it would make sense to consider building { oao. now, t City of Denton City Council Minutes Wdak June 17, 1994 Ageadahe Page 13 Oats a station at Carroll and Eagle and move station 3 to the Airport. Council Member Cott felt that the information given to the people in the downtown area was confusing and there was a need to get the information out in a logical concept. There were differing concepts on how many men to have on a truck and on response time. Cook stated that staff had met several times with the downtown business community at Central Fire Station. The Historical Comuission was going to purchase a sprinkler system for the Courthouse with a grant. Staff had met privately with individuals on the Square and did an extensive publicity job regarding the issue. He would be glad to meet with anyone regarding the issue, Staff was exploring the Possibilities of economic incentives for sprinkler systems. There were other areas in the City besides the square which did not have sprinkler systems which needed them as much as the Square. Council Member Miller recommended that Council not make a decision regarding Station 1 at this meeting but place it on a future agenda y for a complete discussion. There currently was a major issue of public perception on this item and a decision made at this meeting t' would not be a good perception. He suggested that the item be included on an agenda as soon as possible. !y Council Member Chew stated that the decision was made and any further discussion would be reconfirming the issue, After the s initial decision was made no one addressed the issue until now. He felt there was a need to discuss the isous and give out the facts but not try to make a new decision. Mayor Castleberry felt that fire inspections should continue on the Square. Through the Main Strata program and others, there should be a push to sprinkle the downtown area. Council Member Smith asked if the Citys's insurance rate had gone up F or the key rate gone up since the closing of Station 1. Cook replied no but that they were overdue for an inspection. The rates would probably increase due to recent annexations and increased population plus the fact that the City did not have the number of recommended companies and personnel. City Manager Harrell e'Iated that staff needed a decision on some immediate axpanditures•ibich could be lade to the opticom system on the travel routes frou Station 3 to downtown. e . I~ h' ao. 0/1 ~enoaN0 E ~ganCa~tem 4 City of Denton City Council Minutes We June 17, 1994 O~ Page 14 i Council Member Smith felt that the City's position on the issue j needed to be known and suggested an article in the newspaper or i purchase space in the newspapers Mayor Castleberry suggested a guest editorial on the issue. Mayor Pro Tom Brock suggested getting an article in the newspaper which would deal with all the issues. If the article was not favorable, then do a quest editorial. Council Member Cott stated that the decision was made three years ' ago and it may need to be updated. Rick Svehla, Deputy City Manager, stated that nine new intersections would be fitted with the opticom system including Bernard and Eagle. The opticom system allowed the engines and a ambulances to change the traffic signals to green lights. The nine controllers would cost approximatfily $70,000 and if approved by Council, could be out for speoifications and bids soon., In a short period of time positive steps could be taken to reduce running time ii to,the Square and otiner parts of the City. f Perry motioned, Smith seconded to authorize staff to proceed with the opticom pcoject. on roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. a City Manager Harrell stated that the consensus of the Council was to have staff develop a news release to submit to the paper regardinee~~ the issue of StatiLn 1 which would correct some of the informatfon concerning the issue. A public discussion would be held soon regarding the issue before the budget discussions. • Mayor Castleberry stated that he wanted to make sure that all council members wanted to do that. Council Member Perry stated that the decision was made and in relooking at the issue it must be very clear that the Council w,is not ready to change that decision. The Council would be looking at the issue and considering all of the possibilities but not making a new decision. Mayor Castleberry suggested that the issue be handled as part of a Council meeting for public information but not to reconsider the issue. i Council Member Chew felt that was a good idea. R: i C q4q.o ,gentlaNe S ~gentla~tem City of Denton city Council Minutes Oa1e ''t June 17, 1994 O~To Page 14 " Council Member smith felt that the Cityfs position on the issue i needed to be known and suggested an article in the newspaper or purchase space in the newspaper. } i Mayor Castleberry suggested a guest editorial on the issue. " Mayor Pro Tom Brock suggested getting on article in the newspaper which would deal with all the issues. If the article was not favorable, then do a quest editorial. Council Member Cott stated that the decision was made three years ago and it may need to be updated. Rick Svehla, Deputy City Manager, stated that nine new intersections would ba fitted with the opticom system including Bernard and Eagle. The opticom system allowed the engines and ambulances to change the traffic signals to green ligghts. The nine controllers would cost approximately $70,000 and if approved by 4 Council, could be out for specifications and bids soon. In a short period of time positive steps could be taken to reduce running time I. to the square and other parts of the City. Perry motioned, Smith seconded to authorize staff to proceed with the opticom project. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. City Manager Harrell stated that the consensus of the Council was a ;I to have staff develop a news release to submit to the paper regarding the issue of station i which would correct some of the },I information concerning the issue. A public discussion would be << held soon regarding the issue before the budget discussions. Mayor Castleberry stated that he wanted to make sure that all council members wanted to do that. ,r Council Member Perry stated that the decision was made and in 5 relooking at the issue it must be very clear that the Council was not ready to change that decision. The Council would be looking at the issue and considering all of the possibilities but not making a new decision. I Mayor Castleberry suggested that the issue be handled as part of a Counoil meeting for public information but not to reconsider the issue. Council Member Chew felt that was a good idea. A i 471 AQeodaNo Ak Apendelte11 6S#09- Dais 4 City of Denton City Council Minutes /Swim June 17, 1994 Page 15 i council member Miller stated that there was a summary of options for station 1 which went from no cost to a large cost. He felt that any agenda item could look at those options. That would be public discussion regarding that aspect of the issue. Council needed to select one of the options and that should be done in an open meeting with public input. A decision had been made but Council might want to reconsider that decision. He did not accept the premise that once a decision had been made, that it could never i be changed. I council Member Chew stated that the previous Council knew what they were doing when the decision was made. If Council decided to reopen station i all citizens of Denton would be impacted, not just the downtown merchants. A discussion should be done in an open meeting in which all could understand how that decision was made. If the discussion was opened up with the expectation of revisiting y and reopening the issue, there would be problems. Council Member Perry felt that there were better solutions to the problem than reactivating Station 1. j Counoil Member Cott stated that the merchants on the square were concerned ab,)ut fire protection. He felt that it was right to revisit the concept and question thoso impacted. Mayor Castleberry stated that the Council had already voted on the 1 opticom whica meant that Station 1 would remain as is. If Council decided to revisit the issue with the idea of reactivating Station 1, opticom would not be needed for that reason. Council Member Miller stated that the opticom system was independent of other decisions as there were other benefits for the opticom rather than getting downtown. Svehla stated that there would be a benefit to having Cartoll opticomed as well as other intersections. This could be viewed as a separate issue. council Moiaber Smith suggested that Ms. McKean, Chief Cook and Ms. Hiles look into alternate funding measures for sprinkling the buildings tin the square. She atiggested that Council make a report to the publio by one means or another indicating that staff was looking Into other possibilities and would inform the public as soon as alternatives were developed. She felt that council needed to know what could be done before there was a public hearing. Mayor Castleberry asked if that should be a work session item. 17 Q ~~~tat+l ~ { City of Denton City Council Minutes June 17, 1994 Page 16 i Council Member Smith suggested that the staff should do their research and return with a report to council before having a public hearing. j Smith motioned Chew seconded to have staff members look at optional ways In which the City might help with sprinkling the businesses on the Square. After that study was completed, a report would be made to Council and then Council would consider alternatives for Station 1. Council Member Perry asked if the motion would include proceeding with the opticom system. Council Member Smith replied yes and that that would be a piece of the report. it would be a factual part of the report. ; Council Member Miller asked what that motion would do with the status of Station 1. Would the current operation continue until the report was completed. Council Member Smith stated that a deadline could be set for gathering the requested information. Mayor Castleberry stated that there would be no change in Station 4 .t 1 Council Member Miller felt that it might take several months to gather that information. He questioned what would be the status of the rest of the issue relative to Station 1. Council Member Chew stated that his second indicated that Station i would stay the same until the data was collected which would be available at budget decision ties. Council Member Cott felt that there was a need to make a press ; statement regarding the issue. ,F Mayor Castleberry asked it the motion and second would include a press statement. Council Mombers Smith and Chew agreed to include a press statement in their mob±on and second. Council Member Smith felt that the statement should include a press statement with opticom and i committee studying possible alternativ-gs to help with saf.ity around the square. Cook felt that it would not take long to gather the informatics, regarding whether or not incentives could be provided but the "how I 1 -V"daNO ?6 Agendaltek ? ~ ate City of Denton City Council Minutes 74a y6 h June 17, 1994 Page 17 Ii to" would take longer. I on roll vote, Brock "aye", Cott "aye", Miller "aye", smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry 'lays". Motion } carried unanimously. Mayor Castleberry stated that the County Judge had been discussing the sprinkling of the Courthouse for the past year and the Denton 11f County Historical commission had appropriated $1500 toward the cost i' of a proposal for the sprinkling. It was his opinion that the Courthouse would be sprinkled. f E Counoil Member bmith asked how many calls the Council had received regarding this issue since the recant newspaper articles. Council indicates three calls had boon received. Cook stated that his other issue was mutual aid contracts which would formalize the current practice of calling area cities for ? help when needed. City Manager Harrell stated that there would be a few additional 1> risks taken with these agreements but that they would be balanced ca with the help received if needed, it was better to have a written agreement for such services. Council Member 8aitn asked about the liabilities involved if someone were hurt during such a procedure, cook stated that as long as the individual was on duty and had been ordered to participate, he would b3 covered as long as he did not act outside the scope and authority of his position. City, Manager Harrell stated that a major concern was the possibility of having an accident in another jurisdiction without a written agreement. ~ i Road prologto Rick ovehla Deputy City Manager presented an update on Ryan Road, 'r;J{ Jim Christal Road, Teasley Lana, and Highway 2499 as noted in the agenda back-up materials. Potential Annexations Frank Robbins, Executive Director for Pla :ning and Development, f presented potential areas for annexation. krea 1 included an area J north of McKinney and west of the Trinity in which residents were F igandaNo. - AgendaEt ► Dace ' t City of Denton City Council Hinutes I g ew June 171 1994 c Page 18 I located and had potential negative fiscal impacts. Details regarding this annexation vere listed in the agenda back-up materials. Council Member Cott asked why the City would want to annex Area 1. Robbins replied that one purpose for annexation was fiscal impact and that there was the potential of a 650,000 increase in revenue from all of these proposed annexations. e 7, City Manager Harrell stated that there were two compelling arguments for this type of annexation. one was that if the area $ was already surrounded by the city, it was perceived that that area was in the City limits. The second argument was from an economio service standpoint. It did not make sense to drive by areas with a police oar or maintenance of areas of streets which were not in the City limits. ti Robbins stated that Area Z was the southeast corner of Nayhill and x MoKinneyy and Area 3 was east of Mayhill in the vicinity of the City landfill. Area < was located east of I-35 and north of U9 377. a~ Area 5 was north of Jim Christal Road in the vicinity of Egan Road. stated that staff would like some direction City Manager Harrell e`j from Council on the possibility of annexing some of these areas. The beat tw and 6 as those were areas . two candidates were Areas 5 . , already surrounded by the city and the city might already be providing city services. Council Member Cott stated that h` would like a trip around the possible annexations. After Council d.scussion, thew motioned, Ferry seconded to proceed with the annexation process for Areas 6 and 66 Council Member Cott offered i amendment to the motion that in Area f, thn water was properly taken care of while the developer was still there so ae to not stop the repaving of P.yan Road. Svehla explained the drainage concerns in the area and Ind ated that the problem had been Corrected, on vote on the motion without try amendment, Hror "syavo Cost, "aye", Miller "aye", Smiih "aye", Chew "eye", Y '•'y "aye", ar.', # r " ! Mayor Castleberry "ay-i". Mots„ c.rried unanimo%..jly. Mayor Castleberry asks. a out annex 'ton of the other areas s Mz svy 'tewab Apendalter+~~~~__-__ ate City of Denton City Council Minutes June 17, 1994 19 0V y~ Page 19 Robbins stated that the Council might want to continue with the existing policy which was to consider those areas for annexation when development occurred. Consensus of Council was to not consider the other areas at this i time. Robbins presented information concerning a possible Lake Ray Roberts annexation. Option one would propose to annex approximately 1.42 miles of Lake Ray Roberts comprising two strips 1,000 feet wide and extending 3.5 miles into the lake from the Elm Fork of the Trinity River and FM 455. This would extend the city limits out the maximum distance in the Lake and would have no fiscal impact other than a perceived impact. City Manager Harrell stated that if this annexation occurred, the second phase would continue further up into the lake which would take over most of the County. A decision had to be made whether or not in. 20-30 years it would be important to have all of the property surrounding the lake within Denton's City limits. There were pros and cons regarding embarking on that strategic decision. Council Member Millar asked what was the window of opportunity for this annexation. l Robbins replied that other cities could begin finger annexations. Mayor Castleberry stated that it was important for Denton to have control of Lake Ray Roberts as it had the largest investment in it of all of the cities and needed to control what happened on the shore line, One area of concern was pollution of the Lake. City Manager Harrell stated that if the first phase veto done, most of the shore line would be included.' other cities in the area would not like what Denton was trying to do as they felt those areas should be in their cities. 4:runcil 3aboor Perry statei that protection of the watershed into Vie take was another reason for the city to extend control in the ' .d ~I r tea, This contr r in felt that itcwasda goodostratel the nhOnerea and he :e,4 Council Member Miller Celt that there was a need to know the cost f „ ..eplication of the annr•ation and what services would the City be expcctsd to ppro•p'de. inre was the possibility i%at it could be quite expea~.ive and the ity might not be prepared to handle that 5 1 a~ r. n. . r . add i I MY l r turr•ay 1 ~y v9IIWO, 7~ Agendaltsnt,._.__ Date - 6' 4 City of Denton City Council Minutes ~Q pgo ell June 17, 1994 E Page 20 City Manager Harrell stated that only a small portion would be in Denton's city limits with the rest only under ETJ control. Services would not have to be provided in the ETJ areas. Robbins stated if the CityFe limits were moved and the ETJ extended, there might be the feeling that in the future that area would be included in the city limits of Denton. This annexation might also provide some leverage with Sanger regarding ETJ on iH35. Council Member Cott suggested hiring a consultant to look at this t issue. He felt that the problem was to do the second annexation quickly and procedure on how to do it. Robbins stated that there were other alternatives but that they would be costly and would not give much for the annexation. Mayor Pro Tom Brock asked that if the annexation item were placed on an agenda, how fast could other entities move on similar procedures. Council Member Miller felt that a technicality was being used for annexation rather than really annexing land. it was different than annexing property and providing services. Mayor Pro Tom Brock stated that the difference between Denton and other area cities was that Denton had an enormous investment in dollars in the Lake. Mayor Castleberry suggested having the item on an upcoming agenda. Council Member Perry suggested placing the item on the next Council agenda for discussion and staff direction. City Manager Harrell stated that another option was to place the item on the Council's mid-year retreat. Perry motioned, Chew seconded to place the item on the next council agenda for discussion and to give staff direction. Council Member Cott suggested starting the process at this meeting. ' He asked how fast could the City move on Phase ii after starting Phase i. + Robbins replied that it took approximately 120 days to annex and the next phase could be started the day after the first annexation was completed. f I .+RM yenaaNo iQenoaFte ~ gate ` City of Denton City Council Minutes June 17, 1994 Page 21 Council Member Cott asked if the two annexations could be done at E the same time. Robbins replied no that State law prohibited two annexations at the E same time. Perry withdrew his motion and Chew withdrew his second. Perry motioned, Chew seconded to give staff direction to proceed with Phase 1. h Council Member Miller stated that he was against the motion as the reasons were not valid. He felt the City was using a loop hole in the law to gain access. on roll vote, Brock "aye", Cott, "aye", Miller "nay", Smith "nay", Chew "aye", Perry "aye", and Muyor Castleberry "aye". Motion carried with a 5-2 vote. city council Rules of Procedure Debra Drayovitch, City Attorney, reviewed the Council's Rules of Procedures and indicated that there were six issues for the Council to discuss at the next day's meeting. She felt that the Council's rules took on more importance since all the sessions were now televised. Issue i was a suggestion from the Legal Department that the Council add a provision that when a council member had a u conflict of interest, that individual would leave the room. The current wording was that a member "shall excuse himself from any participation or discussion and deliberation of the matter" but did not say to leave the room. This was of concern as some of the boards and commissions did not follow that practice. Council rules provided that boards and commissions would follow the same rules as the Council. Issue 2 provided that agendas for council subcommittee meetings would be posted. This practice had been followed for the : past year and it would be beneficial to have it incorporated into the Counoil0s rules. Issue 3 dealt with how to place an item on an agenda which could include discussion of a matter, a report on a problem, presentation of an ordinance or resolution, eta. The present rules and the City Charter provided that the City Massager was the one who decided what went on an agenda. Section 6.3 of the Council rules addressed the issue but did not specifically indicate that an item requested by a council member would be automatically placed on an agenda. Staff was recommending that there needed to be written procedures for this procedure. Issue 4 dealt with citizen presentations at work sessions and felt that it would be best to deal with the issue before the situation arose at a work session. The present rule was 6.48 and provided that a member of F~ y . 1 4OR I QeoaaNo , igentlaite ~ ` City of Denton City council 34inutes June 17r 1994 i Page 21 Council Member Cott arcked if the two annexations could be done at the same time. Robbins replied no that State law prohibited two annexations at the same time. Perry withdrew his motion and Chew withdrew his second. Perry motioned, Chow seconded to give staff direction to proceed with Phase Is Council Member Miller stated that he was against the motion as the reasons were not valid. He felt the City was using a loop hole in the law to gain access. On roll vote, Brock "aye", Cott, "aye", Miller "nay", Smith "na Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 5-2 vote. city council gulls of Proca ure 4 V Debra Drayovitch, City Attorney, reviewed the Counoil0s Rules of 7 j' Procedures and indicated that there were six issues for the Council j to discuss at the next: dayts meetings She felt that the Council's rules took on more importance since all the sessions were now televised, Issue i was a suggestion from the Legal Department that + the Council add a provision that when a council member had a confliut of interest, that individual would leave the room. The current wording was that a member "shall excuse himself from any f participation or discussion and deliberation of the matter" but dirl not say to leave the room. This was of concern as some of the boards and commissions did not follow that practices Council rules provided that boards and commissions would follow the same rules as the Council. Issue 2 provided that agendas for council subcommittee meetings would be posted. This practice had been followed for the past year and it would be beneficial to have it incorporatod into the Councils rules. Issue 3 dealt with how to place an item on an agenda which could include discussion of a matter, a report on a problem, presentation of an ordinance or resolution, sto. The present rules and the City Charter provided that the City Manager Was the one who decided what went on an agenda. Section 6.3 of the Council rules addrere4d the issue but did not specifically indicate that an item requested by a council member would be automatically placed on an agenda. Staff was recommending that there needed to be written procedures for this procedure. Issua 4 dealt with citizen presentations at work sessions and felt that it would be j best to deal with the issue before the situation arose at a work session. The present rule was 6.4B and provided that a member of wr► 7 ~CMQeNo ~1-d~ age~dafta ate - I City of Denton City council minutes R2 p~yb ! a June 17, 1994 Page 22 jj i the public may address the Council at any regular or special meeting. It had been held that work sessions were special meetings and as those meetings were now televised, it would be best to have that rule clarified. Issue 5 dealt with reconsideration. Roberts 1 Rules of order dealt with reconsideration at the same session. Staff and members of the Council agreed that one council meeting was a legislative session. Council had amended Roberts Rules on reconsideration end provided for the next succeeding meeting by motion of someone voting with the majority and no question could be twice considered except by unanimous consent of the Council. It was being interpreted that if an item was to be reconsidered, unless a, request was made that the item be placed on the next subsequent agenda, a vote of 4 council members were necessary to suspend the rules. Some cities had a time limit, some had a provision for reconsideration of a tie vote and these vere all 0 tions`to consider. Associated with this issue was current wording which indicated that a motion to reconsider must be made by someone, who voted with the majority. Staff was recommending that the.wording be changed to "the prevailing side". Issue 6 dealt ' with the appointment procedure for boards and comml.ssions: pr With no furthor business, the meeting was adjourned at 600 p.m, s t fL '.B C0~ ASTLEBFJAY, MYOR % CITY OF DENTON, TEXAS JE R ASTERS CITY SECRMARY CITY OF DENTON, TEXAS k a I3 I': ACCO01E8 1. ~ ,a 1l'~ -a3f 4ky owl S Agendali Q Do teSj CITY OF DENTON CITY COUNCIL MINUTES 28~ yG JUNE 21, 1994 The Council convened into the Executive Session on Tuesday, June { 21, 1994 at 5115 p.m. in the Civil Defense Room. I PRESENT: Mayor Castleberryl Mayor Pro Tom Brockl Council Members ? Chew, Cott, Perry, Miller and Smith. ABSENT: None It The Council considered the following in Executive Sessions A. Legal Matters Under TEX. GOVT CODE Sea. 551.071 i. Considered action in Cohaiaceen At V. of city o! Denton. B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Soo. 551.074 The Council convened into the Work Session on Tuesday, June 211 1994 at 6100 p.m. in the city council Chambers. PRESEW1 Mayor Castleberryl Mayor Pro Tom Brock; Council Members Chew, Cott, Perry, Miller and Smith. 1 ASSENTS None 16 staffT directi nl rerecived garding athe~implementation discussio and (lave Diversion Task Force recommendations. Harlan Jefferson, Treasurer stated that at the last council session, members of the Juvenile Diversion Task Force had presented three recommendations which included a teen court, a contract with Youth and Family Counseling to make their First Offender Program available to residents of the City of Denton and create a Juvenile ' Crime Interagency Coalition. The Task Force lslt it was very important to have a community wide effort to address uvenile issues, They did not feel it was a city, minty, school district, church or family responsibility alone. Altarnatives for creating a teen court were (1) not accept the recommendation in any form or variation which would mean that Municipal Court would continue operating as it currently dill (2) implement a teen court program whioh would be operated solely by voluntsersl (3) implement the Task Force recommendation as presented to Council. Resources for cash and in-kind services, office space and court space would be needed with this recommendation. Staff was recommending implementing the Task Force recommendation. Steps necessary to implement the Task Force recommendation were (1) obtaining a AgendaNo 9~ j Apanlt City of Denton City Council Minutes Dateda June 21, 1994 ~yogy6 Page 2 commitment from potential co-sponsors to support the teen court program by having a core group of Juvenile Diversion Task Force members meet with representatives from the school district, county, j city and a civic group to discuss their interest in the teen court recommendation and identify potential resources from their agencieaj (2) appointing a Board of Directors by the agencies that agreed to co-sponsor the teen court programl (3) hiring a part- time paid coordinator by the Board of Directors who would be responsible for training and supervising adult and teen volunteeraj and (4) applying to become a non-profit organization which would allow the program to apply for grant funding. Alternatives for contracting with Youth and Family Counseling were (1) not accept the recommendation of the Task Force which would limit the Municipal Judgets alternatives for dealing with juveniles from dysfunctional familiesl (2) implement the recommendation as presented to Council which would require the City to spend $27,091 to provide services to 120 first offenders plus would necessitate a counseling facility and utility services for that facility, contract with Youth and Family Counseling for only extreme cagier identified by the Municipal Judge. Staff recommended option 3 which was to contract on a limited basis for referral of juveniles from the most dysfunctional families. As Youth and Family Counseling was a human services agency, it would be more j appropriate for the Human Services Committee to review their f request for funding. If Council accepted staff's recommendation, the following steps would be necessary to implement that { recommendations (1) develop an estimate of the most serious cases and budget associated with those cases? (2) submit a proposal to Youth and Family Services) (3) increase the budget of the Municipal Judge by that dollar amount and (4) sign a contract with Youth and Family Services. Alternatives for creating a Juvenile crime interagency Coalition were (1) not accept the Task Force recommendation, (2) implement the Task Force recommendation as presented, and (3) modify the recommendation in terms of structure and composition by perhaps using other agencies in existence or i using city staff to coordinate the efforts among all of the i agencies. Staff recommended implementing the recommendations of the Task Force as submitted. If that were done, the following steps were necessarys (1) develop a mission for the coalition, (2) appoint members of the coalition similar to the Task Force, and (3) delegate the responsibility of appointing one or more members to f the coalition to each council member. Council Member Cott asked that if the teen court were not established and the Municipal Court of Record could handle this kind of issue, was the State Court easily let out this problem. t r10 F Agenda No. y"~ I 4gendalta City of Denton City Council Miautea Oete .gy June 21, 1994 5af/ yd Page 3 Jefferson replied that the State Court was not involved in first Class C misdemeanor cases. Council Member Cott asked if the school system had rgreed to provide funds for the program. Jefferson replied not at this time. One of the recommendations of the Task Force was to have a core group of the task force meet with ? those types of entities to determine interest and funding in the program. Council Member Cott f•sit that this was a good program but not a good way to pay for the program. He felt that before the program was started, there needed to be assurance that all rho should be paying for the program were doing so. City Manager Harrell stated that if the Council was favorable to establishing a teen court, members of the Task Force would approtch various entities to assess a degree of interest and a degree of funding they might be able to fund the first year operation of the tden court. Staff had already identified $7,800 for the City's share of court which was already in the budget. It the Task Force was successful in receiving other monetary contributions, the City#s share would not increase over what was budgeted for this year. it was suggested to start the counseling service on a limited basis and would be a budget item in this year's budget. The third recommendation regarding the establishment of a coalition " was a no cost item. Mayor Pro Tom Brock stated that even if the City did not establish a teen court, it still had the responsibility for dealing with Class C Misdemeanors. The school District had no responsibility to deal with those types of offenses even with their zero tolerance policy. With a teen court, there was the possibility of transferring a financial liability to other agsnoiss. Jefferson stated that that was correot. Currently the City did not # require additional funding from the School District to process those additional oases received as a result of the District's zero tolerance policy. Council Member Miller felt that the Task Force would be coordinated with the City staff in terms of developing a budget. The teen court was designed for those first offenders so as to discourr;e then from additional offenses. This worked well in other cities with a teen court. He was concerned with the need to contract with an outside agency in terms of additional costs. He also had a problem with a recommendation coming from the Human Service ,c ry qP-W .1 n Apeo0eNo AgWal City of Denton City Council Minutes June 41, 1994 D Page i ! Committee because although this was a counseling function, 1001 of f# the individuals dirocted to the agency was through the court system determined by the Judges that they needed the service. Other huLaa services which were funded were people who came from all sources. The City would be directing referrals to this service through the k court system. He did not feel it was in the same category as the other kinds of services which the Human Services Committee dealt with. He also thought there would be a more detailed budget presented for Council consideration. He did feel that the cost was reasonable for what the City would be receiving. I Jefferson stated that once the budget was set on the number of individuals using the service, that dollar amount would be paid regardless of the number of individuals. He also felt that the teen court would benefit the school districts as well. Council Member Perry suggested that the Council work carefully through the program in the beginning. He felt it might be beat to first start the program and determine how well it worked and then institute the numbers. There was something to be said about joint rehabilitation of a juvenile offender and was in favor of forming a coalition with other agencies. When something new was started, there was a need to work carefully through all the issues and funds could be increased later if necessary. Council Member Smith asked that if a first offender went through i the teen court system, he would not have a rocord at that point. Jefferson replied correct that at that point he would not have a a record. Council Member Smith felt that that was a very important reason for trying this program and was in favor of adopting all three f recommendations and proceeding with caution. kt Mayor Pro Tom Brock stated that she had understood that if the larger amount was spent, the Youth and Family counseling service would be available in Denton. Jefferson replied that part of the Servics0s proposal was that one of the public service agencies provide a facility in Denton for the agency. The Task Force felt that it would be difficult to require families to go to Flower Mound. y Council Member Cott felt that rehabilitatlon should come with a known cost and that a number wr.s needed. , l j ,t • ,,f Iwo, r i teedeNo 94 - aOeRCfalt City of Denton city council Minutes age -94f June 21, 1994 Page 5 i i E Council Member Miller asked how the proposed 120 case number was developed. Jefferson replied that the case load from last year was looked at i to determine the number of predicted cases. Council Member Miller asked how comfortable staff was with the probability that there would be 120 Juveniles and families who would benefit from this kind of service. y Sandra White, Municipal Judge, replied that the 120 cases was a I conservative number and that there would be more cases than that 1111 which would be eligible for such a program. The count did not include any of the 17 year olds who cams to court for certain types I of offenses which would be eligible for a teen court. Those cases were now in an adult docket and were not separated from the 10-16 year olds. { Council Member Biller staffed that the Judges would have to make the determination as to which of the cases to refer and not all cases would be able to be referred to the agency. White replied correct. . a Council Member Miller asked how this type of program would meet the needs of the individuals. White roplied that Fudge Whitten had used the program at the County levol and felt it was very effective. It the Council wanted a joint cooperative effort, there were several entities already interestod in such a program. A`i''• Council.- Member Char indicated that he was in favor of the recommendations from the Juvenile Diversion Task Force and would like to see the counseling program sat up in Denton. i Mayor Pro Tom Brock stated that if the juvenile offenders were not taken through this diversion process, they would go through the court system at a much larger cost. She suggested proceeding with a teen court and the interagency coalition but do more research on the family counseling aspect of the recommendations. Council Member Perry felt that accessibility was an important point for a successful operation of this type of a court. Mayor Castleberry asked for the staff recommendation. r'. ;r .k i Irv 1 Apoft No endal ~ ate-/6 -9U City of Denton City Council Minutes A June 21, 1994 Page 6 4 Jeffsrai)n repled that the recommendations were (1) accept the Juvenile Diversion Task Force recommendation on a teen court j' implementation, (2) provide funding on a limited basis to Youth and 9 Family Counseling Services for severe cases in Flower Mound which would cost approximately $5,000 and (3) create a Juvenile Crime Interagency Coalition. 11 Mayor Castleberry asked how much additional money would be I necessary for each item. Jefferson replied that a budget number had not been determined at this time. Approximately $7,900 was available from the current 3 appropriation. The total amount which the City would be responsible for would be determined through negotiations with a core group of members from the Juvenile Diversion Task Force and representatives from the County, the School District and civic groups. The Coalition did not have a budget and Youth and Family services was estimated at $5,000. i, Mayor Castleberry stated that staff was requesting direction to begin negotiations and a budget would be a later item. City Manger Harrell stated that the Task Force completed its " recommendations two weeks ago for council consideration. The City's proposed budget had been balanced three weeks prior to that time period. Whatever the Council decided to do which might be over $7,900 would have to be a budget item. Council Member Smith stated that she would like to see something worked out with the family counseling service. Only going through a teen court probably would not help correct the problem and intervention was very important with the youth. Yf that service was not started, she would like staff to continue to investigate that area. She felt it was preferable to have the service in Denton. Jefferson stated that he had met with members of the Denton United Way as Youth and Family Counseling was funded by the United Way in Flower Mound. They felt that this program could be conaidered for funding in future years. i Miller motioned, Perry seconded to proceed with developing a tean court, including participation by other groups in the City. staff should investigate including the counseling agency with the program and establish the juvenile crime interagency coalition. Council Member Cott asked if the Miller motion included staff returning to council with funding recommendations prior to starting I [w ' A City of Denton City Council Minutes A~~4aJt 9 , June 21, 1994 Date Page 7 the program. Council Member Miller replied correct that staff would present ,3ssible options for funding and costs. Council Member Chew asked if the Miller motion gave staff instructions to look into the feasibility of establishing a " counseling center in Denton. Council Member Miller replied correct. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and mayor Castleberry "aye". Motion carried unanimously. 2. The Counoil received a report, held a discussion and gave staff direction regarding a Chamber of Commerce request for a joint economic development competitive analysis. Bob Nelson, Executive Director for Utilities, stated that as part of the City,'a partnership of economic development with the Chamber of Commerce, a proposal had been developed to perform a study of economic development opportunities in the City. As in any city, in order to provide good jobs and a good economic base, existing businesses must grow and new industries must come into the city. Relating to this economic development issue was a major question of what types of businesses beat fit Dentonls strengths and ware there f good public and private services in place to help existing businesses and industries grow and to attract new industries into the communityy. The proposal would investigate those issues. There j were four different items in the scope of studyt (1) a growth ` analysis looking at the forecast of the communityls future economic growth and available resources of labor costs current land use and availability; (2) an overview of the economic development of the market and a review of the existing economic market to determine J, what unique aspects Denton had for particular industries and !I businesses (3) an assessment of the community"s approach to economic development which would look at the private and public sector service and response to economic development] and (4) a comparative analysis to other cities in terms of economic development. It was estimated that such a study would cost $35- 50,000 and was proposed that the Chamber pay 50; and the City pay 50t}. The Public Utilities Board recommended approval at its Monday meetlrq and asked staff to reallocate funds to be available if council so desired. Due to a time constraint, this item was continued during the Regular session under Miscellaneous Matters from the City Manager. 4.p r City of Denton City Council Minutes June 21, 1994 449n4llo^'w< Page a &6 47/j 3416 The council convened into the Regular Session on Tuesday, June 21, 1994 at 7:00 p.m. In the Council Chambers. .y PRESENT: Mayor Castleberry; Mayor Pro Tom Brock; Council Members Chew, Cott, Perry, Miller and Smith. ABSENT! None 1 16 Pledge of Allegiance I+ The Council and members of the audience recited the Pledge of Allegiance. ! 2, The I i Session ofo May 17, 1994randapproval the n Special Call minutes Session the May241 1994. Council Member Miller indicated that in the last paragraph of page 31 of the May 17 minutes should say "should" insterd of "could". Council Member Smith stated that the first page of the May 17 minutes should indicate Mayor Pro Tom Brock and not Smith under those present. Smith motioned, Chew seconded to the minutes as corrected. On roll vote, Brock ways", Cott, "aye", Miller "aye", Smith "aye", Chew "aYe"r Parry "aye", and Mayor Castleberry "aye". Motion carried unanimously. c 34 Public Requests ' A. The Council considered a request for an exception from r the noise ordinance for the Aubrey Booster Club until 11:00 pema on Friday, July 15, 1994 at the Fairgrounds. Joseph Portugal, Ansistant to the City Manager, stated that an exception had been requested to the noise ordinance for the use of a loudspeaker by the Aubrey Booster Club. Area residents or_d i merchants had been considered in discussions for this event and the original request for an exception to midnight had been changed to r 11:00 p.m. The Police Department had been contacted to ensure . orderly movement of vehicles during the event. i Council Member Smith asked if the stage would be behind the west exhibit building and would face southwest. Portugal replied correct. 1 t AQP,dsNO ' Agendali ~ City of Denton City Council Minutes June 21, 1994 4 Page 9 i Council Member Smith stated that the music would be aimed toward the businesses. Portugal replied correct that the organization was very careful to i project the sound away from the area residents. Council Member Perry stated that he was pleased to see a genuine effort made to accommodate the neighborhood. It was obvious that 4 an effort had been made to work with the neighborhood. Mayor Pro Tom Brock asked if parking would be on the Fairgrounds. Portugal replied correct and overflow provisions were also in place. Police reserves would be used to direct traffic to and from the event. Merchants in the area had agreed to off-site parking but most of the parking would be on the Fairgrounds. Perry motioned, Smith seconded to approve the exception. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. { 4. Citizen Reports I A. The Council received a citizen report from Willie Hudspeth regarding a drainage issue and the City Council Rules of Procedure. " Mr., Hudspeth stated that at the last meeting some members of the audience indicated that Council was not interested in what citizens had to say. A five minute presentation for speakers was done as a necessity and council really was not wanting to, hear what citizens had to may, He did not know if that were true but that was the perception. No had called several times to the Electrical j Department to ask them to correct work on his property but never, received a return call. That was the type of response he f" constantly received from City staff. He felt that southeast Denton i was being neglected. The drainage problem behind his house was not done properly in the beginning. He felt that where Mayor Pro Tom Brock lived, roads were done correctly. Where Council Member Perry lived roads were done properly. Drainage was done properly in the Woodrow Wilson area but not so in southeast Denton. He felt that southeast Denton was being neglected and not being taken care of. B. The council received a citizen report from Carl Williams regarding the reactivating of the community Ethnic Relations Board, Mr. Williams was not present at the meeting. ,r A~SdaNo Agenda: City of Denton City Council Minutes 32 O~ 46 t June 21, 1994 Page 10 { I 56 Public Hearings A. The Council held a public hearing and considered adoption of an ordinance amending a portion of Planned Development No. 72 by adopting a detailed plan, creating 55 residential lots known as Cooper Landing. The 14.461 acre site was located on the north and east sides of Bell Avenue, between Locust Street and Windsor Drive. (The Planning and Zoning Commission recommended approval 6-0 at its meeting of May 250 1994.) Frank Robbins, Executive Director for Planning and Development, stated that as was the practice with residential or single family fff residential planned developments, the building footprints had been waived and what was available was the building envelopes. The proposal was a substantial downzoning and if approved would decrease the number of intensity trips allocated in the area. The minimum lot in the proposed development wvs 7,000 square feet which was consistent with the SF-7 standards. Lot width in the proposal was 501 and SF-7 was 600. Lot depth for SF-7 was 901 and most of the, proposed lots were 110 1 or greater. Building coverage for SF- 7 as 351 and the proposal was 404. The Planning and Zoning Commission unanimously recommended approval. The Kayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considereds NO. 94-105 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A DETAIL PLAN FOR 14.461 ACRES OF LAND SITUATED WITHIN A PORTION OF PLAW, 'ED DEVELOPRENT NO. 72 LOCATED NORTH AND EAST OF BELL AVWUE BETWEEN NORTH LOCUST STREET AND WINDSOR DRIVE] PROVIDING A SAVINGS CLAUSE) PROVIDING FORA PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF] AND PROVIDING FOR ),N EFFECTIVE DATE. Brock 'motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "Pye" Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. ~ Y 1 aQ8Ad2No ~1' f Itbx City of Denton City Council Minutes We - 6 - June 21, 1994 Page 21 6. Consent Agenda Chew motioned, Perry seconded to approve presented. On roll vote, Brock "ayn,Cotto "&ye",s 1411 ere „aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. A- Bids and Purchase Orders 1. Did 01613 - Distribution Transformers 2 Bid 11618 - Hickory Creek sanitary Sewer B. Plats and Replats 1. Preliminary plat of Lots 1-550 Block A of the Cooper Landing Addition. The 14.461 acre site was ti l between ocated directly north and east of Bell Avenue, Planning anduZoning rCommission irecommended approval 24 Preliminary plat for Lots 1 and 2, block 1, Denton County Municipal Project on a 17.9335 acre tract located on the east side of Ruddell Street south of the extension of East Hickory. Zoning Commission recommendeappr(The ovalP6-0.)ng 5nd C. Tax Refunds I First American Title Com $567-68 p+snY/Thomas D. Hodgson - ' 2.> LaSalle Systems Leasing, Inc. $5,076.98 t r 7. Ordinances - Council considered the Consent Agenda ordinances A. and B. A. 94-106 AM ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A I CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES OR SERVICES) PROVIDING FOR THE EXPENDITURE pF FUNDS THEREFORE) AND PROVIDING FOR AN EFFECTIVE DATE. cy4. q~1.t''Y y j '~ft Al:yJ{t.a .y~ ~~YwM ukoe ~benGaNo.~C,-~,~ ~ ~Qend~lter~t~~.? ; City of Denton City Council Minutes . June 21, 1994 ,3~1 o1 Page 12 ~l '7~0 B, 94-107 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS= PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR) AND PROVIDING FOR AN EFFECTIVE DATE$ , Perry motioned, Smith seconded to adopt the Consent Agenda ordinances. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". 3 Motion carried unanimously. C. The Council considered adoption of an ordinance amending solid waste rates for sanitary landfill use as authorized by Chapter 24 of the Code of ordinances of the City of Denton by amending the charges for use of the landfill; and adding a separate charge for yard waste diverted from the landfill. Bob Nolson, Executive Director for Utilities, stated that the purpose of the ordinance change was to bring the City's recycling of cardboard projects in line with the market. A 30 yard container would be charged $125 per month instead of $150 and a 42 yard r container would be charged $150 instead of $200. This reduction would put the City in a competitive range for its cuscomers. The following ordinance was considereds No. 94-108 AN ORDINANCE OF THE CITY OF DENTON$ TEXAS AMENDING SOLID WASTE si RATES FOR SANITARY LANDFILL USE AS AUTHORIZED BY CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON BY AMENDING THE ; CHARGES FOR USE OF THE LANDFILL; ADDING A SEPARATE CHARGE FOR YARD WASTE DIVERTED FROM THE LANDFILL; AND PROVIDING FOR AN { EFFECTIVE DATE$ Perry motioned, Smith seconded to adopt the ordinance. On roll vote# ye", Brock Ferry "aye", Cott, ied and ,Mayor "aye"$ Castleberry "aye". Motion carrChow f "a unanimously. D. The Council considered adoption of an ordinance authorizing the Mayor to execute Amendment No, 1 to the agreement to professional engineeringt services for expansion of the landfill. Howard Martin, Director of Environmental operations, stated that this request would be for an increase of an existing contract with h 1 City of Denton City council minutes aendaltf -X 9 June 21, 1994 rt - Page 13 Baker-Shitlett/Emcon for an increased level of i investigations for the new landfill site. The current contractiwas J for $110,000 and the proposal would increase the amount by $660700 for a total amount of $177,000. Of that $66,700 increase, $25,000 { would be removed from the existing HDR contract. Part of that work II would be moved into the Baker-Shiflett contract. The primary reason for the increase was due to Subtitle D regulations and an increased level of hydrogeological and geotechnical characterization of the site. The primary areas of focus of concern would be an analysis of hydrogeological conditions of the ground water underneath the site and the geotechnical analysis associated with the composite liner and collection system. The following ordinance was consideredo I i NO. 94-109 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT BETWEW? THE CITY OF DENTON AND BAKER- SHIFLETT/EMCON RELATING TO PROFESSIONAL ENGINEERING SERVICES FOR EXPANSION OF THE LANDFILL; AUTHORIZING THE EXPEfDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. Perry motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "„A e"$ Cott, mays". Miller "aye", Smith "aye", Chew e ye , Perry y r and Mayor Castleberry "aye". Motion carried unanimously. S. Resolutions r A. The Council considered adoption of a resolution onfirming the appointments by the city Manager of Charl3ean Newell, Dennis Stephens, and Jana Bates to the Denton civil service Commission. t, The following resolution was considered: NO. R94-026 A RESOLUTION OF THE CITY OF DENTON, TEXAS CONFIRMING THE APPOINTMENTS BY THE CITY MANAGER OF CHARLDEAM NEWELL, JANA BATES AND DENNIS STEPHENS TO THE DENTON CIVIL SERVICE COMMISSION; AND PROVIDING AN EFFECTIVE DATE. Chew motioned, Brock seconded to approve the resolution. vote, Brock "ayeK, Cott, "aye", Miller "aye", Smith "ayi',~ Chroll ew "aye"? perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. F r Y r VWINO City of Denton City Council Minutes 49eAQdlt June 21, 1994 Gate Page 14 n~ ~ y j 9. The Council considered approval of a resolution readopting a policy for tax abatement for the city. City Manager Harrell stated that this resolution would renew an i existing policy regarding tax abatements for the City. By State law, this must be done every two years. The following resolution was considered: NO. R94-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON; TEXAS, READOPTING A POLICY FOR TAX ABATEMENT FOR THE CITY1 AND t DECLARING AN EFFECTIVE DATE. Chew motioned, Brock seconded to approve the resolution. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 10. The Council considered adoption of an ordinance amending the boundaries of Enterprise Zone II. Linda Ratliff, Economic Development Coordinator, stated that this j ordinance would amend the boundaries of Enterprise Zone II. The purpose of an Enterprise Zone was to encourage development, growth and expansion in the private sector and to stimulate the creation of jobs within the boundary of the zone. This was also a marketing tool used when marketing industrial sites and a community with such a zone vas seen as a community which was serious about industrial recruitment. The economy had changed quite a bit since the original designation and unemployment had gone down. This meant that not as much area could be added. Georgia-Pacific had indicated a desire to become designated as an enterprise project. As an enterprise project, a company would commit to hiring 25% of new hires from people who live within the zone or who were considered economically disadvantaged. In return, they would receive stato sales rebates on construction materials used in projects and on new equipment plus a discount on corporate franchise tax on depreciable capital acquired during the five years as an enterprise project. The major change from the Department of k Commerce requirement which vas not an original requirement was that a city now had to provide an incentive to a business that located within an enterprise zone which was not offered to businesses not located in an enterprise tone. The proposed ordinance indicated that should a business locate within the enterprise zone apply, qualify and be awarded tax abatement, the City would rebate an additional 6% making a total tax incentive of 30t. ar, nrr. 1 +1+ 1 AcOaNo Wendalt City of Denton City Council Minutes June 21, 1994 974e `16 4 Page 15 Council Member Cott stated that a number of years ago this was the way to go. He asked what was currently happening in the State. j Ratliff replied that having an enterprise zone had helped the City make the first cut with many industrial prospects. 1i city Manager Harrell stated that Georgia-Paoific was not receiving E fiaX abatements and would receive the State enterprise zone rebates. The following ordinance was considered: NO, 94-110 ' AN ORDINANCE OF THE CITY COUNCIL 07 THE CITY OF DENTON, TEXAS ii AMENDING THE BOUNDARIES OF ENTERPRISE ZONE II WITHIN THE r LIMITS OF THE CITY OF DENTON AND THE EXTRATERRITORIAT_ ~ JURISDICTION OF THE CITY AND PROVIDING AN EFFECTIVE DATE. a it Miller motion d, Chew seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew Kaye", Perry "aye", and Mayor Castleberry "aye". Motion carried t unanimously. 11, The Council considered approval of a resolution nominating Georgia-Pacific Corporation as an Enterprise Zone Project. c Linda Ratliff, Economic Development Coordinator, stated that this resolution would recommend Georgia-Pacific to be nominated as an i enterprise zone project. ;i Mayor Castleberry stated that this item was a public hearing. I The Mayor opened the public hearing. No one spots in favor. '11 No one spoke in opposition. The Mayor closed the public hearing. The following resolution was considered i NO. R94-028 ` A RESOLUTION OF THE CITY OF DENTON, TEXAS NOMINATING GEORGIA- PACIFIC CORPORATION AS AN ENTERPRISE PROJECT; AND PROVIDING AN EFFECTIVE DATE. k45 R a } Ape Wo City of Denton City Council Minutes I June 21, 1994 AgA 10 - i Page 16 i Chew motioned, Brock seconded to approve the resolution. on roll t vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. c 12. The Council considered nominations/appointments to the City"s f Boards and Commissions. # S Mayor Castleberry stated that Council would vote on the nominations made at the last meeting. Perry motioned to appoint those individuals nominated at the previous meeti g. (Attachment A) On roll vote, Brock llaye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and ,Tyor Castleberry "aye". Motion carried unanimously. Council made additional nominations as noted on Attachment A. 13. Vision Update The Council representatives on the Vision Project indicated that they did not have anything to report at this time. a; 14. Miscellaneous matters from the City Manager. Council continued with Work session item 12. 26 The Council received a report, held a discussion and gave 's, Fs staff direction regarding a Chamber of Commerce request for a joint economic development competitive analysis. Council Member Smith asked what the Public Utilities Board had decided on in the way of financing. Nelson stated that the Public Utilities Board requested staff to a f. make available up to $250000 for the study. There were funds targeted for a water rate study which would be done in-house. Mayor Pro Tom Brock asked how the sums were determined for the 1 projected costs of the project. { Nelson implied that they were estimates from professionals in the business. A comprehensive proi2ct of this nature should be able to target the issues in the dollar range of $40-50,000. •R Mayor Pro Tom Brock asked who would select the consultant. i iy M!i't .ru wyo-Ape *NO r I City of Denton City Council Minutes Ag"dal June 21, 1994 Page 17 Nelson replied that selection would be done by a committee of City representatives and economic development representatives from the Chamber of Commerce. Council Member Perry asked how the proposal differed from current ` economio development from the City and from the Chamber. ;I Nelson stated that the economic development partnerehip with the r Chamber was primarily promoting ideas of different businesses and trying to find the businesses for Denton. It was primarily a marketity activity looking for industry and visiting with new Y prospective industries. The proposal would focus and would determine what were the unique characteristics of Denton which would be attractive to other industries. Those characteristics might include what was the labor market for Denton, what was the geological location, what was the transportation system, etc. It was felt that there was a need for an objective, extornal view of how the City's policies respond to the development community. Council Member Perry felt that the scope and detail of the proposal would be far beyond what was ordinarily done. i Nelson replied correct. A. Richard Mayes - Chairman, Board of Chamber of Commerce, stated that the proposal war one part of a strategic plan for economic development which the Chamber had been working on this year. The strategic plan included input from various entities within the City. It contained five focus items, the first of which was a competitive analysis study which would look at key trends, the ;market place and economy for competing and specific prorams in place. It would determine how well the City was competging with area cities. An external study would indicate an objective assessment of the current programs. The other items were (2) a City-wide importance of business educational campaign; (3) increasing Denton's visibility in the metroplex; (4) increasing ! Denton+s commercial/industrial tax base by $36 million this year; and (S) achieving air quality compliance by October 1, 1994. Each of those plans required a renewed commitment from the Chamber and some of the plans required participation from the City. The steps needed to accomplish the economic study were (1) obtain a commitment from the Chamber Board of Directors which was done when the Chamber agreed to provide up to $20,000 for the study; (2) seek participation of the City Council and staff; (3) establish a scope of study; (4) identify a third party to do the study; and (5) request Council, as it was in the budget process, to consider making dollars available for other aspects of the Chamber's strategic plan, specifically Step 3 which would require a different 1 r City of Denton city council Minutes Agefldd~m~L. June 21, 1994 oate rfO~~6 Page 1e 4 3 i j marketing approach than Step 4. The Chamber, the City and the DISD all vpent money on marketing and he felt that those entities should be combined for best usage of all of those dollars. % Council Member Killer asked for a target date for completion of the study. Hayes replied that September 1 was the target date but realized i that that date might be hard to reach. Mayor Fro Tom Brock stated that she had been concerned for some time that perhaps the public funds which were being spent for economic development might be spent more productively if there were a ? a more comprehensive strategy. There had been some surveys which were too superficial but she was in favor of such a study if there was sufficient City participation. Brock motioned, !tiller seconded to approve the participation. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chow "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. y B. Staff would like to schedule a time for a tour of the { t,r proposed CIP programs and 3-4 hours would be needed for that tour. I f: Consensus of the Council was that the tour should be scheduled for July 26th. t, 150The Council took the following official action on Executive, Session items: Smith motioned, Perry seconded to hire the lawfirm of Wolfe, Clark & Henderson in the Cohagen matter, on roll vote, Brock "aye", Cott, a e Perry and Pays', Miller "aye", Smith "ay9N, Chew "aye",, "aye", • ~,a ~ Mayor Castleberry "aye". Motion carried unanimously. 16. New Business The following items of New Business were suggested by Council members for future agandass A. Council Member Chow asked for a work session discussion `f regarding the feasibility of constructing a convention center in Denton. B. Council Member Smith asked for a review of the human services funding procedures before the next funding sessions. ,r, M~ AgenOaNo, g PS W* City of Denton City Council minutes qg~ June 19, 1994 ode Page G . C. Council Member Smith indicated that it was time for the council to work on the Council's adopt-a-spot. i consensus of the Council was to set that date for July 18 at 600 ` D. Mayor Pro Ten Brock suggested reviewing the human ; rz services guidelines after the budget deliberations. E. Mayor Pro Tom Brock expressed interest in estoblishing a committee such as suggested by Carl Williams. r .i CoUnoil Member Chew agreed and suggested waiting to hear from Mr ; Williams before putting the item on an agenda for discussion. a yrrt - F. Council. Member Miller asked for. a discussion regarding the Laior funding agencies. i 170 , There was no Executive Session held during the Regular r!. Session* Nith.no further business, the meeting was adjourned at 8120 p.m. 6 i R I f y~ BOB CASTLEBERRYs MAYOR r' t a,rq 4.i r _ CITY OF DENTON, TEXAS. P, 'JENNIFER W ERS CI7'X SECRETARY r6 CIT? OF DENTON, TEXAS , e „r A00001EC 7 r ' •;~r~ r , rt Ir r .,r , ^p t~.r~r ry' Yk A TT wl~.•..r.. 'P ' N "o T F QendaNo. ATTACHMENT A kt~ ' 91 BOARD/COMMISSION NOMINATIONS 1994-95 ~ v 4 ~ f21tDO1lT ~►9V*8b8Y f071AQ c T-MEMB1$ NOMINATION TM *7 John Dulemba John Dulemba 1992-94 Mayor Nan ley Don Smith 1992-94 Perry 3 oY tiund ~*4 James Jamieson James Jamieson 1992-94 Cott ` *5 Jim Risser Jim Risser 1992-94 Miller s' i T elri4jENT MEMBER . lI4MIl~T~4ll Tg8I3 S 2S3I+ *2 Mary McKay Joella Orr 1991-94 Smith bun 01P 1=6mon a. etm ENT MEMBER mom *5 Rebecca King Rebecca King 1992-94 Miller y - 9 2 Marcia Staff Larry Collister 1992 94 smith VACANT (ALT) Joe Bsndzek 1993-95 Cott COUNCI i ri ~rwa ' W ct;gawlir EMBER 1 3V Jamei tykes (ALT) James pykea 1992-94 Perry y' t 1 4' Bob George (ALT) Bryon Woods 1992-94 Cott 1992-94 Miller a : '*5 Steve Kniatt Stove Kniatt 1992-94 Brock 6 Itabol Miller t Ore Muirhesd 1992-94 Mayor t Muirhead q or" ^4 I } * - Individual nominated and approved No * Individual nominated but not approved - no nomination i ,f . hf t j t sg"No• g u Y COMMITTEE DIET CURRFNTMER ~QMINATION TEBM COUVC1 *5 Dorothy Martinez Dorothy Martinez 1992-94 Hiller *6 Peggy Fox Peggy Fox 1992-94 Brock 7 Fred Hill 1992-94 Mayor 1992-94 Perry 3 Curtis Ramsey Larry Bailey *5 Rey Trejo Ann Hatch 1999-94 Miller O1T71 PAOQlisI~ ADV SORT 20f1ftt3 QI6T [!MtRaENT M_ZMBER NOMINATIOK TE8lS COUKCu+ Rosa Lawton Rosa Lawton 1992-94 Smith. 3 Robert M. Minnie 1992-94 Perry d1 Y -4 Brian Scott 1992-94 Cott " CURRENT MEMBER NOMINATION TF.BM COUNCI i a3 Geneva"Berg Geneva Berg 1992-94 Perry r " i '4 Belle" Olulsen 1992-94 Cott +5 Fred Patterson Joy Williams 1992-94 Miller • e~ !6 Barbara Philips Michael Flana4an 1992-94 Brock ? +7 Rahna Raney Rahna Raney 1992-94 Mayor " s ° ~ ~ lL~C7.'lYC~L COD! lOflD ~ r T MrRRM►rr MEMBER KOMINATION d9 ,llYgIL' 3 John gardinger John Hardinger 1992-94 Perry 4 David Martin Don Fox 1992-94 Cott +i Robert Hicks Robert Hicks 1992-94 Chew * - Individual nominated and approved No * - Individual nominated but not approved - no nomination i 'r . txcaaq +WF Nv 2 .4 $I@TOAIC LN DMARR COMMISSION j CURRENT MEMB R NOMINATION TEBM COUNCIL •3 Kenneth Morgan Kenneth Morgan 1992-94 Perry *7 Judy Cole Judy Cole 1992-94 Mayor I 2 Mary McCain Jim Kirkpatrick 1992-94 Smith Runk SX&VICRO COMMITTEE T Cl[88ENT Mfg NOMINATION TF 3M COUNCIL r *6 Jim Bondzek Pat Muro 1992-94 Brock 7 iswrence Cochran 1992-94 Mayor 2 Terry Garrott Kent Miller 1992-94 Smith 4 Sandy Kristoforson Sandy Kristofereen 1992-94 Cott 121P Om my EEA'Q'1'IFUL• BOARD FIST CURRENT_ NDMI_R' NOMINATION COUNCI , i Dave Boston Charlye Hoggins 1992-94 Chew +~6 Gertrude Gibson Luanne Nicks 1992-94 Brock r 7 Betty Kimble 3992-94 Mayor r oi. Kandice Gandel Kandice Gandel 1992-94 Perry. 4 Bill Watson 1992-94 Cott „ LIMMEJ1lY~~ eUnRtruM ur"re NOMINATION COUNCT *7 Kjell Johansen Kjell Johansen 1992-94 Mayor Kathy Pole Kathy Pole 1992-94.,, Perry 4 Joan Schaake Ema Ruth Russell 1992-94 Cott l , Individual nominated and approved I No • - Individual nominated but not approved k ff - no nomination a r 1 + ! Apendal PAKKB AND aIMUTION BOAM 0 X 177 j Qj CURRENT MEMBER NOMINATION COUNCIL *7 Tom Judd Tom Judd 1992-94 Mayor *2 Loyce Wilson Loyce Wilson 1992-94 Smith fff! PLK1DIIifO ]►Yb ZONING COl TBMXQN 3 2ua CURRENT MEMBER NOMINATION TEAR COUNCIL *3 Mike Cochran Mike Cochran 1992-94 Perry ~ *5 Jim Bngelbrecht Ellen Schertz 1992-94 Miller *6 Katie Flemming Katie Flemming 1992-94 Brock MMING Up X19=1"L CODLAQAU r. 1 CURRENT MEMRER NOMINATION nBx COUNCI ` I *S Millard Heath Millard Heath 1992-94 Miller O *6 Capps Lee Capps 1992-94 Brock *1 Jeff Peploe Jeff Peploe 1992-94 Chew. low < D= S,'~$$~~iT ME!ffiER NOMINATION T= couNCIL , +6 Roland Lane ; Y George Hopkins a 1990-94 Brock J1,r , iifnl mdKL bf f!!BX[.a _ _ r, I?2&s . CURRENT MINAER j KQMINATION 1FBZS COUNCIL {r> e 1 Harry Eaddy Spencer Washington 1992-94 Chew 3 Ann Houston (ALT) Ann Houston 1992-94 Perry #7` Mike Wisbe Mike Wiebe 1992-94 Mayor e * - Individual nominated and approved ° No • -Individual nominated but not approved no nomination P . rr l• i A~0 AQdnda►ten~$~ 2 TRA!!Sa 6 NTY @nwINSIO { ate W2 OWULAMM f NONIATIpN~ i [ 6 VACS % *1 Devine 1992-94 Brock Kathy ' Kathy Devine 1992-94 Chew *2 Eric Jackson Eric Jackson 3 1942-94 Smith George Kay Nark Coomes 4 1992-94 Perry Edna Redmon Larry Luce 1992-94 Cott . 1 'S~y~L a1~itVSQ! a.~bOlrAirnr ) &FaT . ~SIBRENT--=t~9E8 a 4 Mauna= TAM i *3 Charldean Newell Charldean Nowell 1991-94 Harrell 1 r~l Nor INAT~orr TLBli , 11 1 Dirrail Bulls 1992-94 Mayor 2 Rudy Rodriquez 1992-94 Mayor } ' z ~l~i1lD O! D alc~ntir ' r' ! *1 Tesa Na 1 rpoo Tom Hairpool ' 1992-94 Council ACCO0128 y i',: G; i p * - Individual nominated and e pproved No * -.individual noanated but not approved r - no nomination 3 E CITY. COUNCI t iM i / i I A ~ I ~R 1 t I AV 1 1 . r . f y~ I `t f Y ti 1 t\ Y , C < ~ F r . I' r r } I 1 ~ r v y r a fI a F4. / r ""of rlEfJ rO E , T#XAj 21SE.McX1Nn+fY/DENTON,TEXAS 762p!/TELEPHONE{8fnba88?pp Ir + DATE: 08/16/94 CITY COUNCIkf'0&T FQR?iAT , 1 " r in Mayor and Members of the City Council FROMr Lloyd V. Harrell, City Manager E'* ti 7 SUBJECT: CITY COUNCIL CONSIDERATION REGARDING CLOCINU THE 100 fir ' BLOCKS OF OAK ELM ' HICKORY, AND LOCUST FROM 6 A.M. - P.H. ON SATURDAY, g SEPTEMBER 240 199- FOR "COINTY SEAT l>t SATURDAY CELEBRATION ENDATIO& 3 Recommend approval. ` I r A t For nine consecutive years, the Denton Hain Street j Association (formerly the Denton Central, Business District Association) has sponsored County Seat Saturday, a celebration oi. the Courthouse Square 1 oved for the ~tit$6 d; community by the downtown businesses. Thisicelebration r. o= has grown into one of the most to popular 1n Ueuton and last Year attracted over 7,000 visitors to the Square. The Denton County Commissioners court has shown its support for this community event b t.x 9'r" the Courthouse and by granting permission to use grounds without charge, fa To provide for the safety of the community and provide 4f~ r,r't space for special events, it is necessary that the i r~ streets on the square be closed from 6 a.m. - 6 p.m. on the day of the event only. + The attached petitions in favor of the street closing reflect the support of the merchants and " property ornate for this event. ' I' r 1 J "E 7 r j~~ ,I , -gam - n~ r9 One business, T ~ Sons, has signed the petition in { '.r opposition. This establishment has access to their ( c building from Austin Street. Property owners not represented by businesses on the Square mere mailed a letter of explanation and asked to I return a signed petition. A copy of the letter and returned petitions are attached. ! PROGRAMS. D.~Y.ART►1~L , JODU.AF.1-FC EPA z Blisineases on the Square, Main Street Progrem, DCBDA, event participants, community nt large. F"CA?~~N ACM. i None Rea` tfurllY s bmitte ' ploy V. Harrell y, City ?tanager :r q " , 'I ared I i a Bilea, ana~er its 5tree Program }t Appro j Pr H~. ttob ns,~AICP^ ' Eitecutive Di eetor ,a``':'» ; >Pla ring and Development i r 1 1 •rF I "Y ' n~rR1lA.:~G4.6f Y a• Why....-w . } i arm*" 1 , 1~1►I11 S~ Ape!~1 888 aaa -%6 ~ 100 West OoK . Suite 204 • Denton, Texas 76201 • (817) 566-8529 „aa August 41 1994 e „ x J Frances A. Blatt, 6714 Lupton DrIve DalI%a, 'rX 75225 Dear Ms. Blatt, k~ County Seat Saturday is a celebration and commemoration of the spirit and tradition of the past, It is a gift to the community from the merchassts and professionals in the Central Business District AssOC:.ation. The Courthouse on the Square will be i transformed fre,a the seat of county government to the seat of e`?r" social fr,nctio~i as it was in 1896, when the cattle trail came S 4 M right through town.~`. x, Once again, the event will require that we limit access to the 4+, nt Square, to pedestrian traffic. The City of Denton requires that, in r addit_on to signatures from business owners in the affected area, e" tie collect signatures from property twners. We would appreciate , fir, ty+~ your signature on the enclosed form. We have enclosed a self- 3 tiJ? „°s, a addremned, stampod envelope for your ce,nventence iL returning the ' !r}' signed form to the Main Street office by Tue~day~_ynguet 9i 199q. 'i )~ar l realize that this is a fast turn arju nd time, but we need it in ,zr d order to meet deadlines for the City r,ouncil meeting on August 16. f A,. In 1990 County Seat Saturday received the award for Best Promotional Event from the Texas Downtown Association. With your i f,~ In cooperation, we can continue this tradition of this award-winning festival in Centon, y~~r r { z Thank you in adv,►nce for your you have any ~ . - ' > . , prompt response. If questions regarding the street closure or County Seat Saturday, s` please do not hesitate to call us at 566-8529 or metro 214-434- 2520, extension 8529. ~ Sincerely, r~ Jane Blles `a Main Street Manager S140 encl. ~ r , rP S y ! l'. i a41 g n0. ~e' r ° ~ ~ 1 e ~ . r. 9 ~\WPD0CS\R9S\00VNTY.SAT QenQaNO. aertdalt late i RESOLUTION NO. A RESOLUTION TEMPORARILY CLOSING THE 100 PLOCK OF NORTH ELM STREET, THE 300 BLOCK OF WEST OAK STREET, THE 100 BLACK OF NORTH LOCUST STREi&T, AND THE 100 BLACK OF WEST HICKORY STREET ON SrPTEMBER 24, 1994; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Central Business District was once the social and commercial center of Denton County; and WHEREAS, the merchants and professionals who continue to serve the people of Denton from within this historic district wish to commemorate the spirit and tradition of its past; and WHEREAS, since 1896, the "Court Square" area was transformed each Saturday from the seat of county government into the social gathering place for its citizens; and WHEREAS* 'all abutting merchants and professionals surrounding the area have given their permission to the temporary closing of said streets; and WHEREAS, County Seat Saturday is open to the general public of the City and County of Dentonr and f WHEREAS, in order to provide adequate space for County Seat Saturday, a celebration, and in order to protect the eefety of fj citizens who attend, the City Council of the City of Denton deems it necessary to temporarily close the 100 block of North Elm Street, the 100 block of West Oak Street, the 100 block of North Locust Street, and the 100 block of West Hickory Street, comprising the "Courthouse Square", from the hours of 5:00 a.m. until 6:00 p.m, on September 24, 1994; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the 100 block of North Elm Street, the 100 block of West Oak Street, the 100 block of North Locust Street, and the 100 block of West Hickory Street, comprising the "Courthouse Square", shall be temporarily closed as public streets or thorough- fares of any kind or character whatever on September 24, 1994 from 5:00 a.m. until 600 p.m. for the purpose of holding "County Seat j Saturday." j SECTION IT, That the City Manager shall direct the appropriate 1 City Department to erect barricades at the 100 block of North Elm Street, the 100 block of West Oak Street, the 100 block of North Locust Street, and the 100 block of West Hickory Street, at 500 a.m. and to have the same removed at 6:00 p.m. on September 24, j 1994. L1si:M' .SAW 1 1 Ageadalt I Date' . i rq SZ u,CTIQNON 3131T. That the portion of the above described streets shall revert back to tho City for normal traffic activity immedi- ately from and after 6:00 p.m. on September 24, 1994. r $~N iVIi~N IV. That this resolution shall take effect and be in full force and effect from and after the date of its passage and approval. PASSED AND APPROVED this the day of , 19949 BOB CASTLEBERRY, MAYOR. ATTESTS f JENNIPER WALTERS, CITY SECRETARY I y t r,. BY: APPROVED AS TO LEGAL PORNs r DEBRA Ab° DRAYOVITCH, CITY ATTORNEY )a 10 BYE Y S f' y r I f a Z { ;I PAGS 2 till ' _ endaltent~-~"" j R>>cQValalT TOR aTR>Q~T CLOaV7lR heig r organization Requesting Street Closure) cesr c-tltidlm. i _ QlAin Street Non~yrof it Program) Contact Persont Julie Glover Denton }fain Street flfYforam j Address1100 11, Oak Suite 204 Denton. Tx 76201 Phone Number) 817-566-8529 817-566-4521 Street To Be Clossdt 100 Blocks of 41. Q&. N. Elm- N. Izeust, W- Hickn= streets Date and Tine TO Be Closedt Snntember 24, 1904 Sa_m_-oe.m. Intersecting Streets 1 ()lwzaef Oak and N. m (Block of ('rm3r }+eaien/► iePjenl _ WN Elm and W. HitYoa MN. L= and w. Hi k rvl (4)1P_ Ask AM ~7_ r.k,.ct Rea/on for Closure8th Annual Camty Seat 5aturdav Celebration for beoths~ parades, refreshments, prizes fun run Please complete the lower portion of this tore. property owners and/or k tenants affected by the street closure W be coat and met fig* below with to indication of being is favor or in opposition to the street closureo yaw of Property owner/ Addrese Authorised favor/ Teaaat of sl ture om", 1 it Jr s. A~u btu, ~Og t Qafc fstvol s ~zD7/►~.E~ .r .t, e~i2 7. 19 1,19 dui v r c" I Aril 9.~ ~~obiL OWN= wm~ .414& Z5 AM000re • 1 i . A } Mo. C141-074 { Apeada~t F i fJ>DaT OR B'71Pi~>QT Q Oa1,J Organization Requesting Street Closures 01OU Street Non:Profit Pmrram 4 Contact Personr Julie Glovrer_ penton )tgin Street a,t orm f - - Address 3100 W, Oak Suite 204 ntrm Tx 762m i Phone Nuaberr817-566.8529 817-566-9521 Street To N Closed$ 100 Blocks of: W, Oak- N Elm N Lo mat, ww R ck Streets Date and Tires To Be Closeds Sentemher 24. 1004 sa n _ony,_ _ Intersecting Streetsr (l)West Oak aM N. Elm (Block of c trtb ice AA 11 (2)N. Elm and W, Hickory MN Locust and W. H eyor t (4)h ;_i and I~,~„ar Reason For Closure 6th Annual County Seat Saturday Q16rAtfnn f J.. t 1 _paradest refreshments, prizes. fun run Please eowplete the lower portion of this fore. AM property cuous and/or I tenants affected by the street closure MOs! be contac~de and must sign below with an indication of being in favor or La opposition to the street closure. Nava of property owner/ oAldrese lwtborised Favor/ bmtwy I! ansture N j 1. . W. + 3. /J 2 lot L-ca,66 VIr=A-S6h &A% (:~7A1/~~le/1i dllsre..'G;• 7. U AmooorC j s, 111+.1 AgendaNo Annvzssw rose ww"OT css.~oavaus date- organization Requesting Street Closurer t s,uAWO* Ofain S 1 Contact Personr„ Julie Clow Anton Min Street yrnoran i Addressrl0o N 0 Phone Nusberr817-S66-8529 817-566-521 - Street To Be Closedr 100 Blocks of YJ Oak N ELm loplat W- Hirkn= streets Date and Tine To Se Closed= Smtai&r 241904 5a m 4hi m - intersecting Streets: (1)1ftst Oak and N dtm (Block of bamaAl,e mMa.._ (2}N Elm and W. Hickory, (3)N locust W Hicknrv (4)hr k and V. innmt Mason for Closure Oth_kmuam Camty Seat SaturdAy Calebratinn_ for hWtb-4t parades, refreshments prizes. fun please late the lo*%r portion of this ton. 1►L Pro Pe Y • aor ted"te as indication of being inrtfiorlor la o si ion to the street clossurelowrmwith rized Macs of Property o mw/ Addeess i thotyn favors// gn 0000 i ~ t! I NMI in.. 12d 1. i!E r s. 7. 8. 9. 10. i Amooorc 1 f ' a -VON ~~V>QAT T01t aTR>O~T OLOeI[IRS~td ~ ~ J € Organl:anon Requesting Street Closure-;° Cap% _ Street Ng Prof ► Ornaranl Contact Perdonf__aje Clover De tcn Bain Street oregram Address X100 11, O Suite 204 Denton Tx 76201 Phone numbers 817-$66-8529 817-56F-3521 Street To Be Closed i00 Block of• W na), Elm u ?mi t-= W Nicknry streets -+~-on_n_ _ Date and Time To Be Closedt 5entembe-' j, 19-04 Intersecting Streets (1)West Oa.), and N r--Lm (Bloc), of ~rtl+m~„Q!i_ ayl _ MN Elm and K Hickory. MN Locust and W. Hiderv, r41W_ Calk and F. fnn~ct - j Reason Tor Closure 8th Annual County Seat Saturday Celerratinn_fQZ I-m+*t parades, refreshmeatsLprizes. fun non please complete the lower Portion of this fors. Property owners and/or tenants affected by tha street closure hM be contacm and suet sign below with an Indication of being in favor or in opposition to the street closure. Mama of Oroperty owner/ Addrese 'itborLsed favor/ I tenant of F :I 1 G Qi S t 5 A vor . J JAA 4s (111~ LA, G1 6. 6. 7s Zdn 0 _F•4J0~ As 9. lo. AXKGOOFC E i ' 1 a W ko. 94 -a ao~dait 7~.'QV]OiT ~'Oltl e{TPi.s?~T dZ.daV~_~'_ + ` /OAS /q Organization Requesting Street Closure r_rnm capt earl .=ae,. Alain Street Non-Profit Program) Contact Person= Julie Glover Denton Main Street Dmiram Addrsssti0_0 W, Oak Suite 204 Denton. Tx 76201 Phone Numberi817-S66-8S29 817-566-9521 Street To Be Closedo_ IN Blocks of: W. Oak. N. Elm. N. Li ggt-.W- Hirkni . Streets Date and Time To De Closedi Sentember 24- 19-04 cam .on a_ Intersecting Streets t(I)West Oak and N. Elm Mock of rhurtbai-tol-Risme) _MN. Elm and W. Hickory, MN. Locust and W. Hirkorv, MW, flak and F. Tromig Reason Vor Closurefith Arrmal CWty Seat Saturday rya ion for hn 6--tl parades, refreshments, prizes, fun run Please Complete the lower portion of this fora. property owners and/or j tenants affected by the street closure ~ be conta sod swat sign below with an indication of being in favor or in opposition to the street closure. Mace of Property Owner/ Address Autboriasd Favor/ Tenant of Property sienature opocse 1. i 3. /%,~Or 4. Ahvw 10 h) SQr1 3. ~AA s' 6, 7. Aa/ 8. R O W kcvo R FAVOV% I 9. laS~ vUV~ j , l0 0 AlWOaorC { i r +pendaNo.~' R>CQLJ>asT !OR_s{TRRM'x` OLO0LJ>t>0 11~ / . Organization Requesting Street Closurawf cast Saws"^° Rlai-n Street Non: fi Proarsm) Contact Persona Julie Glover Denton Main Street orngram t Address t100 11, Oat; Suite 204 Denton. Tx 7b201 Phone Numberi 817-566-SS29 817-SM-3521 Street To Be Closedi 100 Blocls of: W. Oak. N. Elm. N. toaut. W_ Hickory Streets Date and Time To Be Closedi Sentemher 24. 1904 Sa.m.-al-m. Intersecting Streetsi"(1)West Oak and N. Elm Mock of rourthm-m%Akiemjm) WN. Elm and W. Hickory. MN. Locust and W. Hic3rrv. (ally flak and u. rnnitt Reason For Closure 6ih Annual QMty Seat Saturday. Ceie1 a ion for hentht, _parades, refreshments, prizes, fiat nm i Pleaer let. the lower portion of this roes. ~i property owners andloe ' 3 tenmts affected by the street closure W$? be aoafaets~ aa4 lust sign below with + as ladioatioa of being la favor or is opposition to tbs street closure. Now of Property Owner/ Address Autboriaed Favor/ , Teaaat of Property it to a 1 Z• i 3. 6 5`p' f 4. f 76 es 4. j 10• j , AmooorC i 1 i 1 _ Ap*No . AigWel iL1EOtJRBT FOR BTRSZCT CLOSV''`----~Z- Organization Requesting street Closures j ~f~lm r cgw* c ...3_J_u Main Street Non=Profit Contact Personr_ Julie cimer s Address 1100 W, Oak SUIte Phone Numberi_ S6 MQ 566-8521 i Street To Be ClosediNest Oak I'M R]nrkl Nord P+ (Inn Rlnr11 Date and Tim* To Be Closed-n Block) tSotem)er 1e iooe Sam q 'i• Nic3or~ (inn 91od) Intersecting Strestsh N. Elm and W. Hi korv N r. Reason For Closurer o DArBdee_ refr+p ehxanf e' rr~i~e~ Ain tenants a Iste the lower Portion of this fora. ten at cted AM Party owners and/or an !ndlcatlon of blyiinh street closure o in IsT be contac R and must sign below with opposition to the street closure. Maas of Property owner/ Address Autborised favor/ Pz rtBi nature l se 2o i° Oak es 3• 4. 7. 9. 10. f AmooOFC z- ~I 40~idakos7 A d+ L1eOtat S - u FtS+QV~CtlT BCTa ~TR]CZ~T CLOBfVPlLis3 13/9 Organization Requesting Street Closures Satz►rdaMain Str et Non-Profit Contact Person: Julie Glaver Address: 110 W. Oak Suite 204 nen rm, 7)r 767n1 Phone Number: _ 566-8524 566-8521 Street To be Clos*dlWest C1Alr (inn B1aric) Marti, Alm (1An R1r+r~~~U tn.,1nn Block) E W. Hickory (1np Bloc)-) Date and Time To Lae Closedfttemher 24, 1044 Sam_onm Intersecting Streets Hest Oak and N. Flm (Mark of fn~tf NrtAf~fea ma N. Elm and W. Hickory. N. Locust and le, H; knj%_ W_ W. PM 1,+- :rv,.at Reason For Closure:oth a,,.g,Al fnmfv cent c&.,,ra^?- TarLiv~i•.~as.3entAs~-- es, refrncY.e~+ntc~ nrifne~ rim ,.,n Please complete the lover portion of this fort,. ALL property owners and/or ; tenants affected by the street closure N9sT be contac~'de and roust sign below with an indication of being in favor or In opposition to the street closure. f Kw of Property Owner/ Address Authorised favor/ Tenant of P rt Si ature ovocts x 3. 4. 7. 8. 9. ANN0001►C { - ray { ~f s 1 RffiQV7CDT !'QR 8TR1C$T ~LOZSL:TR_~`-iQ ,'7 (,I yea 19 Organization Requesting Street Closures rnm coot c,b,r.&v -Main Street Nori-Profit Contact P6rsons Julie r?iover Address 300 W. Oak Suite 204 nen nn, Tx 7AMI Phone Numbers 5M-8529 566-8521 Street To Be CloeediNest (sac fine BierklrNrmth Flen (inn Airvr4u jg3L%t n Block j Date and Time To G ClopedsS~temher 24. tag4Sam-onm W. Nicko (iv r.r.np 13100-) Intersecting Streetmtlest oak ani N. Eim amel. of rn,rlly,,eef~~ea r N. Elm and W. Hickory. N. Locust and nat• a„O of trv,ict Reason For Closure: Oth-Ann„g; ram Seat catur-1m) Foztivol car.#.eP;hg, j aaradee. refrPehrmnte W Yee Am nin Plsasst complete the laws portion of this fora. ALL Property owners and/or tenants at[actsd by the street Closure MUST be coet&CM and mast sign below with an indication of being in faros or in opposition to the street closure. Name of Property Owner/ Address Authorised Tenant of Property ! n tune ce 1. 2. 3. 4. S. 6. ' 7. ..r 10. ' AMi000FC i man Sol aperbaNo.a s Apenc'al s" R~QU1~eT >s'oR sTRa~s ox.oAU>R~te `Qy ' Iyog ~ 9 Organizatll:+n Requesting Street Closure: r..M Main Street Non-Profit Contact Pers'ont_ Julie Clover Address: 100 W. Oak Suite 204 n nn, Tx 762n1 _ Phone Numbers- 566-8529 S66-8521 s Street To Be Closed:West (yak f100 fll k1-Narth Piro (inn nlnri•T tnr,:at (,nn Block) Nicm'- inn Bloc)-) Date and Time To Be Closed ~!ntemher 24, Ien4 Kam-Om Intersecting Streets Nest oak and N. Eim (hinrtr of Cmirthwmp.44 mmn) N. Elm and W. Hickory, h I=st aM H3 kn=- u. U1. ATMs At Irwimt Reason For Closure s- otl, Anrnml rm„,ty ce,t Iz-tura, .,;9rtI*PI 49f I%Wthr,, »r+rade5_ reFrethmr~nte~ nri7ne~ AM nm Please oom lets the lower portion of this form. ALL property owners and/or tenants affected by the street closure Moat be contac~'ae and east sign below with as indication of being in favor or in apposition to the street closure. Name of Property Owner/ Address Authorized Tenant of Property i turd 5c 1. 2._ 3. 4. 5. ` 6. 7. 9 9. 10. I Amnon I i~ 3 ~Er10a1 3 RaQV>BC13T '!'OR BTR~RT OLOd[3Rl~e ~ r Organization Requesting Street Closures campg sans s%t,=Ag?p Main Street Nod-Profit Contact Petsone Julie Slaver Address 1 100 14'. Oak Suite 204 Denton, Tx 762n] Phone Numbere SO-8529 566-8521 Street To Be ClosedeNest Mk (100 Ainrk).Nnrth R1m (1nA Alme. N Iv vct (1 DO Block} W. Hickory (1~M 8106 Date and Time To Be Closedt$mtember 24. loge Sam-Q m . I i Intersecting Streeta!•rest Oak and N. F1m(hipelr of Cam mo4imm N. Elm and N. Hickory. N. Locust and Y, Hickory. K NIa y! N- t(,y,,et Reason ror Closure a 0th .mural ('.runty Seat S . ! ~ lturdnlc.Teciiv^3 fgr l+epoW•r- ra .i, refreshmnntc- nri?P!. Am n,n Plea" coWlet* the lower portion of this tore. ALL property owners and/or tonants affooted by the street closure HOST be contsc~de and suet sign below with as indication of being in favor or in opposition to the street closure. wow of Proporty owner/ Address utborised Paror/ ~ Tenant of P st ! tore ozoose L? 6. 2. r. 3 4. 6. 7. 30. AMOOOPC ' ti " VM*No.Q4 -O REOUEST tOH STREET CLOSI!~ S Organisation tequsstiaq street Closurebe#JMM 13yE:~Efs pISYRIGT /sSSoGi,d►1-IOIJ Contact Pecsoa: -NAMC BILE Address: ICED W OAIC SUM 0WIMP T4 @IUMI Phone Number: 5t, e:9yb'a9 Street To to Closed: GAL.EI.eAs)4149CCwoWW%r'AR09wrD 7M SQUWA ' wrr- pw~. Data and Tine To Be Closed. tntocssctinq Streets: G" AftvG Reason Tor Closuce: GoyuN SCAT SA7VPt:)W Please complete the bottom portion of this iocm. rssidents and/oc businesses atteeted by the street olosure DUST be contacted and sign below With an indication of being in [avor or to opposition to the stcaet closure. d A NA1914 AUTHORIZED 1. G lot W. 2. 3. 4 . 4. 7, . 4i 96 i0. Z913C/3 i MAO qy" REQUEST FOR STREET CLOSURE Organisation requesting street cloture Dr+moN CSIMTww /7O 'SusimeSS olsra4cr Assew I riom o Contact Persca: 4► C SIL 64 Address: too w om: tors 9-o•~ b t-rmo iv iuA4l t; . . Phone Number: Sir. 1616?R f Street To Be Closed: QAL,EL,N►, HIC-404q L4OC4J4T'•A2w#,l0 `IH49 SQULKG P f~ Date and Time To 8e Closed :'SAID GeP1:?4 JR4q. am~ intersecting Waste: 16s45 ASgVe Reason rot Closure: CXX)XfN S"'r -GVVe4d%4 Please complete the bottom portion of this form. a6i~ residents and/oc' businesses affected by the street closure KUST be contacted and sigh below With as iadicatioa of beinq in favor or in opposition to the street closure. NAME AUTHOR 12E0 ,y Or BUSINESS SICNAngs r11VOS/OPPOSE t} 3. S. 6. 9 7. • if S 10. ' 29S3C/S • 1 *mob R>c t>RaT 1''OR 8TR]CmT CLO!lVR7~Y organization Requesting Street Closures rn~ ;m eau a 4 Contact Persons Address, 100 W Deti 4~i 04 1ltnrrn, 'fSr 767A1 Phones NuWher: .g52g t~uc.s~„ ' Street To Be Closed, ' 1. A Date and Time To Be Closed if. Riaorv Uno Bled ) R~EDtemhAr 74 1gg4 Cam.t rntersectin . Q Strests!'~est 1; ervt fy+. film fhlnrk of ~ N. Elm and W. Nick rv N Imst am Reason For Closure, o >'lease carplets the lows portion of this tole. { tenants ♦t eeted by the street closure aT coat u'M 'opeitY owners sAd/o an indication of DeiaQ in taros o L,~' acme and rust sign below with opposition to the street closure. Now O ant owner oAddress Authorlsed av Teri „c t ai tune . 1. se 3. . 6 70 9 . 10. A601000M I , . -0 . r.'e i^Y I NO ! RR LTRBT SOR 9TRICRT CLOJ9VRS~M Orgdnlzatlon Requeatlnq Street Closures r Contact Papion: b Address: 1 Phone Number:_566-8 20 S+_nS21 t C~a Street To Be Closed, Date and Time To Bte Closed _ w. E»tena,~+r ~e , qqQ r,,,,. o.. Block) rin(i Block) Intersecting Streets of rn. a w-T~_ N. Eba and h'. Hickory N w ~ Reason For Closure: o Plea" eogplote the lowr Portion of this !.1920 ALL t tsnants At acted ?ropGrty owners and/or i by t1 street oloA o#US? be pp l cootacE-de and rust Glyn below with an ladlcatioa Of being g In lsror or r ! LA ostLon to the street closure. Nara o Address F' T~ienant o! p Authorized r rt aro 4t` CI/ 8i stun ` J 3. 4. S. 6. i 7. ! 9. 10. II AW000PC j I n-+y I 1b`'M.r A r FtyQV~sIT FOMt dT1ia~T C77.OSV7ti~ ~ / Organization Requesting Street Closure: rnm eat Rnbmj.?, loaf f 9 4 Main Street Nop-Profit Contact PO)rsont Julie [;laver --s 1lddresst 100 W Oak Suits 204 hen m. 7h2R1 Phone Numbert 566-8524 566-8521 1 Street To Be ClosedtWt-Qj~ 1R0 B_ 11.rprLs Tom (1 RR Ric- 1•i t„=,~t(i 00 A1ock) W. Hidorp (ni 8106) Date and Time To Be ClosedsS=t_er&r 24, QA Sam.Qnm Intersecting Streets Vpct Oak and N Elm (ALyk of r-trrt).nmafbsem ~ N Elm and Wd Hickory N Lo=t and Hicknrv_ W_ nai- arA W_ ImIct Reason ForClosuret Qth Smn+al~rnentg Seat catIirln' r -tiyp, Aqf:+gfj 3araAes- refrathr ntc_grits - fie+ "m Please cosplets the lower portion of this fora, AL property owners and/or tenants affected by the street closure MOST be contacted and exist sign below with an indication of being in favor or in opposition to the street closure..__ Maws of Property owner/ Address Authorl"W Favor/ of P rt 81 tun Oppose r S , 3. 1 e D sJ ltJ. 4. s. n Be 9, 10 , AWOODrC t Pjr- 1d Rf 1~ f 1 clu 4 gendaNo. aenda4t RS ZT>ddT !'OR 8TR1CdT C3LOa11JR'~~f 1Q~ ~A Organis:atJ it Requesting Street Closures rn cP%t 1z,sus%da?, to Contact Persona jaip clover ~ Oak Suite 204 Dentgn, T~r 76 - Addresst 100 W Phone Numbers t Street To Be Closeds o Block) W. Hickory (inn B106) Date and Time To Be Closed,-- lm In k of rntrf Ica f~yg, - IE Intersecting Rtreetst~tP~* o~~. rmr1~ N. Elm and W. Hickory.. N W Reason Tor Closure s i0spOW, Please oomylete the lower portion of this torsi. Au property owners and/or tenants attected by the street closure Ma be oontac~di and suet sign below with an indication of being in favor or in opposition to the street Closure, Owner/ hddreas Authorised ■avor/ law o! Teat Y of P si tare 1. f f. w'\N ~wvb~tJ11 ~~,111 ~ I^A l ILill IIVi~I<.. ~1 i I _ - 1.~ 1 3. - i 6. 9. 9. t AmmoooTC j .v, I rte, vc ITY~ ~CDUNCt a y k Y ~ L r i R / J { t, ' ' f iF I I 1 j i1 I , Z t ' I! 4 r ` O' 1 ' rrON t`{ti I 1 b uu-- 1111 CITY COUNCIL. REPORT FORMAT pa 4 1 TO: Mayor and Members of the City Council ' FROM: Lloyd V. Harrell, City Manager SUBJECT: Exception to Noise Ordinance for the Purpose of Filming a Movie RECOMMENDATION: Staff recommends an exception to the noise ordinance for the purpose of filming a feature film at the North Texas State Fair Grounds on Saturday, August 17, until 12:00 midnight and Sunday, August 18, from 12:00 noon until 10:00 p.m. a SI IMMARY: Cabin Fever Films has requested the exception to the noise ordinance for the purpose of filming "Tilt•a-Whir! " a feature movie about a rodeo clown. Bull Riders Only, a rodeo production r company, has agreed to put on a bull riding event for the film. The rodeo will be open to the public. An admission fee will be charged and the proceeds will go to Bull Riders Only, Rodeo spectators will become spectators In the film. The rodeo will actually run from 6:00 pin. to L" 10:00 p.m. on Saturday and 12:00 noon until 6:00 p.m. on Sunday. The film company has asked for the noise ordinance exception until 12:00 midnight on Saturday and until 10:00 p.m. on Sunday so that they can shoot scenes for the movie. The rodeo will be over and the crowd will be gone, but there will be a need to use the public address system In the scenes being shot Filming will also take place at the fair grounds on Monday, August 19, but scenes will not exceed the ordinance limitations. Thera will be no live bands. The requested exception to the noise ordinance is needed because of the public address system. 3 i NACKGROUND: Cabin Fever Films produced "Lonesome Dove" and will release "Souix City" starring Lou Diamond Phillips on September 9,1994. The company also released the original "Little i Rascals" series on video tape. A press packet is enclosed for your review. "Tilt-a-Whirl" is a $1.5 million budget feature film to be released in theaters. It is about a rodeo clown who goes back to his home town and has to face his past. The production company is in food negotiations with the starring actors and has not yet released dicir names. t I 'I t~nd,t~ 4y-0 +oeAClal PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: l xOa~ a The Office of Economic Development will coordinate any required services of City personnel (Police, Fire, Parks and Recreation, etc.). ECONOMIC IMPACT: The location of this film is dependent upon receiving the exception to the noise ordinance. j (Since the film is about a rodeo clown, the rodeo scenes are imperative.) Without the exception, the production company will be forced to move the project to another location where filming is possible. Although the entire movie will not be filmed in Denton (it will involve other communities in North Texas), Cabin Fever Films has committed to locate the production headquarters in Denton. The production crew (40 - 60) will stay in our hotels, eat at our restaurants, purchase set materials and supplies from our retailers, hire our eiectricians and contractors, pay location fees, and hire local residents as extras. They will invest over Sl million in the area Actual fitming in ` Denton will last approximately ten days. The tditire project will take eight to ten weeks. I Movies are a shot-in-the-arm to a local community's economy. Film production is a clean, non- polluting industry that doesn't require tax breaks or road, school, and other infrastructure cost sometimes associated with other industry _ locations. RESPECT LLY SUBMITTED: Lloyd Harrel i City Manager Prepared by: a Linda Ratliff Economic Development Coordinator 1 Approved: I L, Belly McKean, utive aeclo Municipal Servicesi(Economic Development ~I T I f CITY EiFiiCOUNCI r . 3 I ' ~I -1 4' 1 tF 1 F I' i ~ i 4, > ~ se l 7~ r, t low, r ,r tee CITY COUNCIL REPORT DATE: August 16, 1994 TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECTS Z-94-016, Highland Street Rezoning RECOMMENDATIONS The Planning and Zoning Commission recommends approval 7-0. SUMSARY s r. . The applicant is requesting rezoning of a 0.371 acre tract located on the north side of Highland Street approximately 62 feet from Carroll Blvd from 2F Two Family Dwelling District to Planned Development District 108. 811CKGROUND; See P&Z Report. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED. i Planning and Development FISCAL IMPACTS R 1 MIA Respec Illy submittedt / Ll yd V. Harrell 3 City Manager Prepared by: ; E } Debra Goodwin Urban Planner Approved: I rank Robb s AICP Executive Di ctor Planning and Development IlI~.F+~~S►:/.~tiGyntc.,y,.... _ r... . :.n-; i-w; rv. NL tt..FU 14~y}. I ~pendlFlO [die PLANNING AND BONING COMMISSION REPORT `""b JJ 3 To$ Denton City Council Case Noel 2-94-016 Meeting Dates August 16, 1994 GENERAL t"ORNATION applicants Dale Irwin 701 S. Carroll Denton, Texas 76205 Current owners Same as applicant Requested Actions Rezone from 2F Two Family Dwelling District to Planned Development District 108 Location and Si=es 0.371 acre tract located on the north side of Highland Street approximately 62 feet from Carroll Blvd Surroundinq Zoning and Land Use: ?forth - PD 108/Office Complex t South - S-162/Day Care East - 2F/Vacant Hest - PD 108/Office Complex Denton Development Pleat Dountown Urban Center SPECIAL IKPORKATION j a t j' 3 ;Transportations The property fronts on Highland Street. Access to the proposed office building will be from an existing driveway on Highland Street to the existing office complex. Via' i' a0eadeNo. ~ - aoe~ear~ u (Case Z-94-016) aatE, Page Two 4 Utilities A six inch water line exists on Highland Street. A six inch sewer line is located on Highland street. The nearest fire hydrant is at the corner of Highland and Carroll Blvd. City electric service is available to the property. Drainage3 Site drainage will be handled in the parking lot and routed into an existing inlet on the northern end of the existing development. 9IATDAY This property is currently zoned 2F and a single family residence is located on the property. ` PD 108 was originally approved in 1985 and amendments have ' been made in 1988, 1990 and 1993. The PD includes the property along Carroll Blvd from Highland Street to W. Prairie J. street. The PD is limited to professional and administrative office uses. 71MYAIA The current proposal is to include the 0.371 acre tract in PD 108 and construct an office building on the property. This proposed construction would tie into the existing complex through access and design. The applicant is proposing to include in this amendment, on this parcel only, that j residential uses be allowed on the second story of this , proposed building. 1 The property is located the central urban center. The urban centers are intended to provide a wide range of urban services including commercial/retail, personal and professional services and leisure activities to major sections of the City. one of the polioiss intended to guide land use 'decision making within the central urban center is to promote the expansion r I r ,Alp v "Oki apendaNo 9 F~2~S Date ~ (Case Z-94-016) L~1.3 Page Three and redevelopment of existing buildings for mixed uses including retail, offices and high density housing. Commission is of the opinion that this proposed expansion especially with the proposed residential use furthers this policy. According to the Denton Development Plan, there is no j limit to the number of trips to be generated by developments in the major activity centers or the urban centers, therefore it is not necessary to consider any potential change in intensity levels within these areas. WTItICATI011 Thirty-five notices were sent to property owners within 200 feet of the property in question prior to the Planning and zoning commission meeting. To date, one response has been received in opposition to the zone change and six responses have boon received in favor of the request. s RNC01MUDATI01t t yi Planning and Zoning Commission held a public hearing on July 21, 1994 and recommends approval of Case Z-94-016 subject to the condition that the uses allowed be the same as those allowed in PD 108 as well as residential uses on the second floor of the proposed building. r' i RL231RUTI1i29 1. Approve the petition. r 2, Approve the ppeatition with additional conditions. ) 30 Deny the petitlon. 4. Postpone action. f ATTACH UMS j 11 Location map 2. Site Plan 36 Planning and Zoning Commission Minutes of July 27, 1994 I . I t M ' .,MK t"da No.~ ATTACHMENT 1 AOendaff Date Z-94-016 Highland at Carroll semis NORTH ARK HOR, ~ ~ ADO Dip DEJ ©®®~11 o®o opt ®~D AA C~ o • l D ~~o C`--~ a o oAR °EJ o~CDCsrrE K. NGRg1T tj OEM DOWN o~ 0 ~ 0 o ~ © ~a EAOL 1 U 51 a odo D~ wilt a~QQU, ° ®r ae A ACRE YKfA Location Map ~ I t Date: 716/94 Scale: None ML9...,Ywyf. +LY qI©~ ATTACHMENT 2 AP)dal Z-94.016 Highland at Carroll d o~~3 NORTH o I ♦ I Wv•a IL 1 a HICIIIAND STREET Site Plan Dates 7/21/94 Scales None . I E °~0 0 -OZ ATTACHMENT 3 ~(8 P Z 8 Minutes ,rf f 3 0 1994 July 14 Page ~ O ' s i lull 1 LS Ms. Goodwin: Yes. Mr. Coopers I see the applicant is the operator of the produce stand. Normally wouldn't the property owner be the one requesting the change? Ms. Goodwin% We have written authority from the owner of the I mall. Mr. Norton: I move we approve case 2-94-017. Mr. Cochran! I second. firs. Schertzs Could you address the issue on traffic congestion since that was a concern of the City Council back in 1987? Ms. Goodwin: The Detailed Plan that came in on Burger Street in 1987 had what I would consider, a different type of drive through facility.' The particular design could have created some difficulty in getting the cars off of the access road. It put a lot of back up onto the access road. As I pointed out, the Planning Commission didn't have those concerns, but y , the council did. Mrs. Schertz: So you are comfortable with the traffic congestion with the produce market? Mo. Goodwint we haven't had any complaints that I know of and I don't think engineering has had any complaints. The Burger Street Application had the access to the restaurant fairly close to the access road as I recall. This pushes it back off. Mrs. Russells Any further discussion? All in favor of the motion raise your right hand? All opposed, same sign? !lotion passea unanimously (7-0). V14 Hold a public hearing and consider rezoning of a 0.371 " acre tract located on the north side of Highland Street j approximately 62 feet from Carroll Blvd. from (2F) Two Family Dwelling District to Planned Development District 108. Staff Report given by Debra Goodwin: The requested action is to rezone a .371 acre tract on Highland St. The property is presently zoned 2F. There is a house on the property at present. It is being utilized as a I j M ,sp *No.~ IOU ^ P i Z minutes g v ~3 J July 27, 1994 Page 15 residence. The request is to rezone this and make it part of PD-108. PD-108 is Mr. Irwin's office complex on Carroll Blvd. The PD itself runs from Highland St. to Prairie. j This particular property fronts on Highlan9 St. It is proposed for an additional office which would tie into the existing complex. Access to the property would be off the existing driveway on Highland. Parking would be behind the proposed building. There are actually two parking areas proposed. One is somewhat in the future. In case the parking becomes a problem with office complex, they want to be able to ! put in more parking on this particular piece of property. PD-108 was originally approved in 1985. We have had j amendments made in 1988, 19900 and 1999. Right now, the PD is limited to professional and administrative office uses. The proposal is to construct an office building within the footprint that you see on the Detailed Plan. One of the "differences we are proposing on this one piece of property is in addition to the professional and office uses that residential uses be allowed on the second floor. Something along the line of apartments. i The property is located in a central urban center. One of the policies of the DDP on the central urban center would promote the expansion and redevelopment of existing buildings for I.. mixed uses including retail office and high density housing. Staff feels that the proposal to put residential on the second floor of this building would further this policy. We support Mrs Irwin in his proposal. There were 95 notices sent to property owners within 200 feet. k we received one novice in opposition and 6 notices in support of the proposed zoning. Staff would recommend approval of this particular application subject to the condition that the uses allowed be the same as those allowed in PD-108 as well as residential uses on the second floor only. That condition would apply only on the property that fronts on Highland St. Mr. Nortont The only real change we are considering is residential uses on the second floor? 'Ms. Goodwin% That is the only change to the uses. We are expanding the sit* of PD-108 by including this lot. Mrs. Russell: Would the petitioner like to speak to the commission? i I ~~+.Yn.+'...,.._ r +.,.:.,.4., a fl4M1•M: j.q r; ur i +pendoNo ~ P i Z minutes '~Q~eldb~-r July 27, 1994 9 ,~3 i Page 16 Oa I i Dale Irwin: I office at 701 s. Carroll Blvd.' I can't think of anything I can add to what Debra already resented I think she did an excellent job. This tract of landywas owned by a neighbor of ours when we developed this property. He was very nice neighbor and we became well acquainted, she ' would have obviously been included in it when we started this, but she didn't want to sell her property at this time. This should probably end the expansion of this project. Mr. Cochrane How far is your property from Mr. Voires? r Mr. Irwins r donOt know Mr. Voires. Ms. Goodwin: He is on the corner of Highland and Pierce. Mr. Irwin: There are two or three vacant lote between there. One was burned some time ago and think there may be a third house in there. Mrs, Russells what we are addressing is the house that is directly behind your office building, then there are 2 or 3 vacant lots, then 406 and 402. { Mr. Irwine Then there are two vacant lots, one house which is .406 and one house which is 402 lots between' so there are three lots between this property and the corner lot, That would be probably over 200 feet. Mr. Coopers Is the intended use of the property to build another office building similar to the one you have along Carroll Blvd.? Mr, Irwin: Yes sir, with the usage flexibility. The problem we run. into is the second floor offices are the least 'desirable. The downtown area has successfully had businesses on the ground floor level and residences on top, would like the flexibility to be able to use that to edesign something to be used as an office or a one bedroom apartment or a loft. Mr, Coopers Right now there is a one story frame on the property, would it be torn down? Mr. Irwin: Moved to another location. mr, Coopers The write up confused me. On page 72 it says one of the policies intended to guide the land use deoision making y within the central urban center, is promote expansion and redevelopment of existing buildings. I think what you are I I F I~ Ap7-- July P i 2 Mi,!.:-08 nme 270 1994 j 13 Page 27 u i wanting to do is great and I am in favor of it, but that particular sentence in the analysis was misleading to me. It lead me to think that the existing building was going to be remodeled. Mr. Cochran: It is kind of an old fashion idea, a mom and pop j store below a,:d living upstairs. I Mrs, Russell: It is a trend we are definitely seeing. Anyone who would like to speak in favor of this petition? Anyone to speak in opposition? The public hearing is closed. Dr. Hueys With the residential uses as part of the condition, would that be only in the proposed new building? ~ Ms. Ga>dwin: Only in the new building. Mrs,'Vochran: I am prepared to move that we approve 2-94-016 rezoning 2F to PD 108 with the recommendation that the residential uses be allowed in the new building only. Mr. Cooper: I second. Dr. Huey: Donn 3.. you mean a re:'triction rather than a k,. recommendation? ( Mr, Norton: Moo we were leaving it open. Dr. Huey: but only to that building? t i Mr, Cochran: Restricted to that building. Mrs. Russell: All in favor of the motion raise your right hand? All opposed, same sign? Motion passes (7-0). VII, Consider the final plat of Southridge Estates, Phase I. This 20.034 acre tract is located on Lillian Millers " Parkway and Southridge Parkway. Staff report given by Debra Goodwin. Staff is ready to make a recommendation for approval on this final plat as an off site drainage letter has been received and the Engineering Department is comfortf,ble with that letter. We do want to add a condition. As you recall, at the last meeting we looked at a change in Appendix A-7 that had to do with the intersection spacing along local streets. Commission y , gave the go ahead or the recommendation for approval on that. That has tentatively gone to council. i c C inin,ord ~QBtIdANO214 ~enda~t S ~~'Ll.~ t late ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM TWO-FAMILY DWELLING DISTRICT TO FLANNED JEVELOPMENT 108 (PD 108) ZONING DISTRICT CLASSIFICATION AN!) USE DESIGNATION FOR A 0.371 ACRE TRACT LOCATED ON T4E NORTH SIDE OF HIGHLAND STREET ! APPROXIMATELY 62 FEET EAST FROM CARROLL BOULEVARD) APPROVING A f DEVELOPMENT PLAN FOR THE DISTRICT) PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF) AND PROVIDING FOR j( AN EFFECTIVE DATE. WHEREAS, Dale Irvin has applied for a change in zoning for a 0.371 acre tract of land located on the north side of Highland Street approximately 62 feet from Carroll Blvd from Two Family District (2F) to Planned Development District 108 - (PD 108)) and WHEREAS, on July 27 ' 2994t t r he Planning ,td zoning Commission recommended approval of the requested change in zoning) and } WHEREAS, the City Council finds that the change !,n zoning will be in compliance with the Denton Development Plant NOW, THEREFORE,' THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION i, That the zoning district classification and use designation of the 0.371 acres of land described in Exhibit At attached to and incorporated into this ordinance by reference, is changed from Two Family Dwelling District (2F) to Planned Develop- ment District 108 (PD 108) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION 2I. That Exhibit B, attached to and incorporated into this ordinance by reference, is approved as the Detailed Plan for the district, in accordance with Division 2 of Article IV of chap ter 35 of the Code of Ordinances. SECTION iii. That the City's official zoning map is amended to show the change in zoning district classification. SECTION iV. That an person violating any ordinance shall, upon conviction, be finea sumo of provision $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. &1<CTION y. 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- - i • Irvln,ad +ga~'lo =~~Nf~ Aggr&tllf 5---- Oak All ORDINANCE NO. i AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM TWO-FAMILY DWELLING DISTRICT TO PLANNED DEVELOPMENT 108 (PD 108) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR A 0.371 ACRE TRACT LOCATED ON THE NORTH SIDE OF HIGHLAND STREET APPROXIMATELY 62 FEET EAST FROM CARROLL BOUL.EVARDI APPROVING A DEVELOPMENT PLAN FOR THE DISTRICT$ PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOFt AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Dale Irwin has applied for a change in zoning for a 0.371 acre tract of land located on the north side of Highland Street approximately 62 feet from Carroll Blvd from Two Family District (2F) to Planned Development District 108 - (PD 108)t and WHEREAS, on July 270 1994, the Planning and Zoning commission recormended approval of the requested change in zoningt and WHEREAS, the City Council finds that the change in zoning will be in compliance with the Denton Development Plant NOW, THEREFORE, { THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSt SECTION I. That the zoning district classification and use designation of the 0.371 acres of land described in Exhibit A, f attached to and incorporated into this ordinance by reference, is t changed from Two Family Dwelling District (2F) to Planned Develop- sent District 108 (PD 108) zoning district classification and use designation'.nder the comprehensive zoning ordinance of the City of Denton, Ttias. UM. That Exhibit B. attached to and incorporated into this ordinance by reference, is approved as the Detailed Plan for , the distric -^^^rAence with Division 2 of Article IV of chap- ter 35 of the Code oa 1947^^es. ! SECTION III. That the City'- ;#fLoial zoning map is amended to show the change in zoning distrt.4 :tassification. SECTION IV. That any person violat.-%, any provision of this ordinance shell, upon conviction, be fine` t sum not exceeding 1 $2,000.00. Each day that a provision of this .~::nance is violated shall constitute a separate and distinct offent. SECTION V. That this ordinance shall become ~•:.~t~~'o four- teen (14) days from the date of its passage, and the C.4.f Cectetary is hereby directed to cause the caption of this ordie.•tr.,% to be published twice in the Denton Reccrd-Chronicle, tho offio.'%; newb- i r t r r hll ego paper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this day of , 1994. BOB CASTLEBERRY, MAYOR i ATTEST: JENNIFER WALTERS, CITY SECRETARY BYs APPROVED.AS TO LEGAL FORKS DEBRA A. DRAYOVITCH, CITY ATTORNEY ro, , r r C1 'i r t r } 1 { wool EXHIBIT A t • t e All that certain 0.371 acre tract or parcel of land conveyed to Dale Irwin trom Beulah Vaughan (formerly known as Beulah Patterson) by deed recorded as Denton County Clerk's Number 11-1111 11M, also being that same tract conveyed to Beulah Patterson by deed recorded in Volume 506, page 481 Deed G Records of Denton County, Texas, said 0.371 acre tract being more particularly described as follwss Beginning at a found one-half inch iron rod in the present right-of-way line of Highland Street, being the occupied southwest corner of said Irwin tract; Thence North 03 found iron rod for degrees southeast corner of Lot 3, Block 1 of passing the Off at 5.00 feet a Addition, an addition to the City of Denton as shown by map or plat recorded In Cabinet 'H', page 36 of the Plat Records of Denton county, Texas, continuing on with the east line of said Lot 3 a total distance of 218.60 feet to a found one-halt inch iron rod next to a cedar fence post, said rod being the northwest corner of said Irwin tract, said rod also being a southwest corner of Lot 1, Block 1 of the Oftenbacker Addition, of adthe dition to the City of Denton by plat recorded in Cabinet 'c', paq Records of Denton County, Texas; Thence South 87 degrees 19 minutes 19 seconds East with the north line of said Irwin tract, also being a south line of said Lot It a distance of 73.52 rest to a twelve-inch hackberry tree for the northeast corner of said Irwin tract, same being the southeast corner of said Lot 1 and being in the west line of a tract conveyed to O.R. Hickman by deed recorded in Volume 961, page 156 Dead Records; Thence South 02 degrees 39 minutes 25 seconds Hest with the east line of said Irwin tract, same being the west lino of said Hickman tract, a distance of 217,61 feet to a found half-inch iron rod in the north line of Highland Street, said rod being the occupied southeast corner of said Irwin tract; Thence North 88 degrees 04 minutes SO seconds west with the north line of Highland Street a distance of 74.84 feet to the Place of 8eginningo containing in all 0,371 acres of land. tj 4 f 1 irk ~ i+reey EXHIBIT B HQ. q~ Z-94-416 Highland at Carroll NORTH ~3 ~3 4 Ilk i - • HIGIRANU STREET i . t . S(te Plan , Wei 7/2494 ScA None T- 1 • CITX~ COUNCI i A i Y~ ~ r I rr. y f r r I i 'art sad y r ~ ~e1, X y r rw r I • t CITY COUNCIL REPORT DATES August 16, 1994 TOS Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Z-94-017, Terry Morehead, Golden Triangle Mall Rezoning I r , The Planning and Zoning Commission recommends approval 7-0. ,SUMMARY: The applicant is requesting rezoning of a 0.365 acre tract located on the north side of Interstate 35E approximately 100 feet west of Loop 288 (presently the location of a produce stand) from PD 6 to C Commercial District. BACKGROUND: See P&Z Report. PROGRAMS, DEPARTMENTS 0R GROUPS AFr^ECTED: { y Planning and Development Building inspection ,j`IfiCAL IMPACT: $/A Respe fully submitted: • j. 41 1 CL oyd V. Harrell G city Manager Prepared by; 0n AP Goodwin Urban Planner Approvedt' rank if. Ro bi AICP Executive Dire for Planning and Development .r `yM ~ • W"i 4 1 , t I Agenda,te Otte P. PLANNING AND ZONING COMMISsrow REPORT ~ IZ f Tot Denton City Council Cane No.t Z-94-017 Meeting Dates August 16, 1994 f i GENERAL INVORMATION Applicantl Terry Morehead 643 Northside Lewisville, Texas 75067 Current Owner: Golden Triangle Mall Associates c/o M.S. Management Association, Inc. 115 West Washington Street Indianapolis, Indiana 46204 Requested Actiont Rezone from Planned Development 6 to c Commercial District Location and 81901 0,365 acre tract located on the north side of Interstate 35E approximately 100 i. E feet west of Loop 288 (presently the j f location of a produce stand) surrounding coning and Lana vast North - PD 6/Golden Triangle Mall South = Interstate Highway 35 E East C/Colter's Barbecue West _ C/Wendy0s } Denton Deveto seat pl c. P ant 2 , Urban Center speorm INroRMATIOlt Transportakion/Drainage: E The property has access to Interstate Highway 35, It is also a portion of the Golden Triangle mall property and as such ; access is available through the mall itself, previous proposals have been controversial with regards to tra!!ic circulation. l r- q~ i 1 ggenda~ - E 94 Date (Case Z-94-017) ~12 Page Two Existing drainage and transportation infrastructure is in place and adequate. Utilities: An eight inch water line exists along the northern edge of IME service road. The nearest sanitary sewer line is approximately 360 feet to the northeast. Topography will determine possible usage. Electric service is available. HISTORY t Planned Development District 6 was approved in 1969 under a comprehensive site plan. The PD has been amended many times since its original adoption. A request was made in 1987 and denied in 1988 to locate a Burger Street Restaurant on portions of this property and 4 adjoining property. The Planning and Zoning commission recommended approval of the proposed detail plan and the City Council denied the request due to concerns of traffic congestion and flow. { I11IRhY/I! The present request would placa a straight Commercial zoning on the property, removing it from Planned Development 6., A t detail plan would not be required to develop the property. 1 The property on either side of the property in question is zoned Commercial - see attachment #4. In discussions with the owner of the produce market and the management of the mall it was decided that rather than submit a detail plan on the r } market, a zone change to C would be requested. i At the present time, a produce market has located on this property. This use is not legally situated and staff has informcO,,the owner of the market as well as the management of the mall that the use could remain until the zoning case was heard. Should proper zoning be obtained to allow the produce ra I ` ~,.rm i~tKlaRo. U~ APtdel y ~ (case Z-94-017) We Page Three market to remain, the appropriate building permits and licenses must be obtained. r The property is located an urban center. The urban centers are intended to provide a wide range of urban professional including commercial/retail, personal services and leisure activities to major sections of the City. Commission is of the opinion that this proposed rezoning will not adversely affect the Denton Development Plan. According 1 the number of trips to be is no limit to to the DDP here , generated by developments in the major activity centers or the urban centers, therefore it is not necessary to consider any potential change in intensity levels within these areas. { , NOTIFICATION Five notices were sent to property owners within 200 feet of the property in question prior to the Planning and Zoning Commission hearing. To date, no responses have been received. RZOOIpIMMT10N Planning and Zoning Commission held a public hearing on July 270 1994 and recommends approval of Case Z-94-017 (7-0). ,I AMANATIVU 1. Approve the petition. 2. Approve the petition with additional conditions. 3. Deny the petition. 40 Postpone action. i r • AT+r~►cNMSNTa r 10 Location map 2 . Zoning map 3. Planning and Zoning Commission Minutes of July 270 1994 i f u1'e~raw . AP*1 W.-4 Date (Case Z-94-0171 Page Three market to remain, the appropriate building permits and licenses must be obtained. The property is located an urban center. The urban centers are intended to provide a wide range of urban services j including commercial/retail, personal and professional services and leisure activities to major sections of the City. } Commission is of the opinion that this proposed rezoning will not adversely a[fact the Denton Development Plan. According to the DDP, there is no limit to the number of trips to be generated by developments in the major activity centers or the lenot vels necessary within these areas. any urban ttherefore in intensity is potential change 1 VOTIYICATION tt 4 Five notices were bent to property owners within 200 feet of r to the Plann Commission hearing eTo dater no responses haveibeen rd. } RSCOxkZVDATIO.4 I Planning and Zoning commission held a public hearing on July 270 1994 and recommends approval of Case Z-94-017 (7-0). I i 111+T■R1MTlV~B i I 1 Approve the petition. • f ' Approve the petition with additional conditions. 36 Deny the petition. 40 Postpone action. } r 11 Location map 2, Zoning map 30 Planning and Zoning Commission Minutes of July 27, 3,994 i } i 1 l ATTACHMENT 1 AOeodaiy 14 f Z-94.017 I.35 at Loop 288 We s ' ! NORTH `~r^ KEGAE YlST1 s , ~ ' tl I tit ~e T a 4 • SITE " lon map j D*W 71$194 We. None I - ap 4No b ATTACHMENT 2 r Oda Z-94.017 1.35 and Loop 288 bog NORTH t-__ LI i j SNA r s DP. r ~P_D-,PD. $F•r LI ~YQL ~r _ r r1r - _ " ETJ PD,6 A4XU Rvp. $ Q 1 GR7 ow to y. a acbh Q ~ f ~ r ~ 940 1 •~~y a` h~<r at g l ~ 0 a e~` C ►..~r~. 04 MFR s* PD-!37 s E 2 F SITE PD-6 06 WON D-28 . p/ % 60 r Surrounding Zoning r Date: 7/21/'94 Scale: None i P Z Minutes ATTACHMENT 3 E -q,- i D July 27, 19947°y ~Z Page 12 hand? All opposed, same sign? Motion passes (7-0). V. Hold a public hearing and consider rezoning of a 0.365 acre tract located on the north side of Interstate 35E approximately 100 feet wost of Loop 288 from Planned Development District 6 to Commercial District. Staff report given by Debra Goodwin.% This is a request for rezoning of a .365 acre tract located right in front of the Golden Triangle Mall. It is now the location of the produce market that has been there for a while. The applicant is the operator of the produce market, Terry Moorehead. The property is owned by the Golden Triangle Mall. The property is still a portion of the mall property and has access through the mall. There was a Burger Street proposed in 1988. The planning commission approved the request and recommended approval. The City Council had some concerns on traffic flow and they denied the request. Utilities are available to the property. There may some difficulties in getting utilities to that particular piece, but we do feel they are available. I This is presently part of PD-6 which was approved in 1969 under a comprehensive site plan. This particular PD is a planners nightmare. There have been many amendments since its original adoption. The present request would take this ;property from the PD zoning and put it in a straight j commercial zone. This would eliminate the need for a detailed f plan, or it would not be required as the property develops. I think the reason we are coming to you with this type of request is when the produce market located on the property, r they were in a temporary type situation. With commercfal zoning on either side, we decided to come forward with a request for commercial zoning. This would allow the produce narket.to be there it would also allow any of the other uses in the C district. I do want to point out, they are operating basically without permits. The city is allowing them to remain until the zoning case can be heard. The property is located in an Urban Center according to the Dentoo Development Plan. These centers are intended to provida a wide range of urban services. They include commercial retail, personal and professional services, and leisure activities to major sections of the city. Staff is of the opinion that this proposed rezoning would not adversely affect the DDP. Five notices were sent out to property owners within 200 feet 3 i J yi E - ,y'gyjbN ww....,. . r. rU'q rPri-mil 1fta~ _ Agendas P i 2 Minutes 012 July 27, 1994 Page 13 of the property in question. We received no notices back. I did receive one phone call just to see what was proposed for { the property, but nothing in writing. Staff recommends approval. Mrs. Russell: Is the petitioner present? Would you like to speak? Anyone to speak in favor of the petition? Anyone to speak in opposition of the petition? The public hearing is closed. Would staff like to make any additional remarks? Mr. Cochran: What is the range of services available under the current PD, and how would they differ? f Ms. Goodwint I believe the uses are similar to what is in the commercial zones Mr. Robbins: I think it is listed as a place for commercial uses in the PD site plan that is adopted. Dr. Hueyt The map on Page 70 shows commercial zone on either some D in that area? side, would there still be so P i` Ms. Goodwin: Yea. • I P L Dr. Huey: What would be on the south side? Me, Goodwin: Interstate highway right of way. Dr: Huey:' Is there a reason for not extending the commercial tone down to even up that place? ? Ys. Goodwin: We had initially discussed. that and the i application that came in with the legal description only included the property that the produce stand is on. That is actually a subdivided out lo:. t` Mr. Norton: Does the legal description go to the parking lot? Ms. Goodwint I believe t:. ce is some perking on lot 10. I believe it goes into that particular lot, 5 s- Mr. Norton: The portion that doesn't look zoned on yo+tr map i is parking lot? Ms. Goodwin: Yes, that is part of PD-b. Mr. Cochran: is the reason that this is cut up because these pieces of properties were purchased at different times? f Y I i No ~l - P i z Minute 711 _ July 27, 1994 4 2 Page 14 Ms. Goodwin: 'Yes. Mr. Cooper: I see the applicant is the operator of the produce stand. Normally wouldn't the property owner be the one requesting the change? Ms. Goodwin: we have written authority from the owner of the mall. Mr. Norton: I move we approve case Z-94-017. Mr. Cochran: I second. Mrs. Schertz: Could you address the issue on traffic congestion since that was a concern of the City Council back in 19877 j . Ms. Goodwin: The Detailed Plan that came In on Burger Street in 1987 had what I would consider, a different type of drive through facility. The particular design could have created soma difficulty in getting the cars off of the access 'road.` It put a lot of back up onto the access road. As I pointed out, the Planning Commission didn't have those concerns, but the council did. . i. Mrs. Schertz: So you are comfortable with the traffic congestion with the produce market? Ms. Goodwin: We haven't had any complaints that I know of and I don't think engineering has had any complaints. The Burger s ar Street Application had the access to the restaurant fairly close to the access road as recall . This pushes i'i back r. oft. Mrs. 'Russells Any further discussion? All in favor of the motion raise your right hand? All opposed, same sign? Motion passer unanimously (7-0). VI. Hold a public hearing and consider rezoning of a 0.371 ' acre tract located on the north side of Highland Street approximately 62 feet from Carroll Blvd, from (2F) Two + Family Dwelling District to Planned Development District 108. s, Staff Report given by Debra Goodwin: The requested action is to rezone a .371 acre tract on Highland St. The property is presently zoned 2F. There is a house on the property at present. It is being utilized as a L P o.. l ..<<.«a AgendDate dj/ Z ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM PLANNED DEVELOPMENT DISTRICT 6 (PD-6) TO COMMERCIAL DISTRICT (C) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR A 0.365 ACRE TRACT LOCATED ON THE NORTH SIDE OF INTERSTATE HIGHWAY 35E, 1 APPROXIMATELY 100 FEET WEST OF LOOP 288; PROVIDING FOR A PENALTY IN 111 THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Terry Morehead on behalf of Golden Triangle Mall Associates has applied for a change in toning for a 0.365 acre tract located on the north side of Interstate Highway 35E approxi- mately 100 feet west of Loop 288 from Planned Development District (PD-6) to Commercial District (C); and WHEREAS, on July 27, 19941 the Planning and Zoning Commission recommended approval of the requested change in zoning; and I WHEREAS, the City Council finds that the change in zoning will be in compliance with the Denton Development Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the zoning district classification and use designation of the 0.365 acre tract of land described in Exhibit A, attached hereto and incorporated herein by reference, is changed from Planned Development District 6 to Commercial zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION T.J. That the Cityts official toning map is amended to show the change in zoning district classification. SECTION iii. 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 IV. That this ordinance shall become effective four- teen (14) da1 `s from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be publieaid twice in the Denton Record-Chronicle, the official news- paper cf the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this day of , 1994. t ' BOB CASTLEBERRY, MAYOR f , i f rays • i •~I et Will ATTESTt JENNIFER WALTERSe CITY SECRETARY i ` s BY v APPROVED AS TO LEGAL FORMS DEBRA A..DRAYOVITCH, CITY ATTORNEY r , f By FJ 1 r Y5 , v~ , 5 v ~ ri v i AL tk E vr, xsw i EXHIBIT A p~lldliNO• MEtES AND BOUNDS OF LOT 10 BLOCK I' !,I F + AN that eertae 0.315 Acre pp urcel d lard adusted in the J.W. McGOWAN SURVEY. Abstrtact Nu~ber TN Denton Canty. Texas. 8 pruw►Q bt a f0mW steel pin at the nat aautMr corner d Lot 10 Stock i Garden r,~ Addrt~on~ an adi!uon to she CR4 d uente the sau~ Kan6ed t ROW. tmee 'g' P 171 Oen'Ea+1 Cant Plot Records. sud pout b" e~ Intestate Hghesy :t P. Thence Nash 51 degreta i a+nutes 0481 Oth WW ryh d~nteg a dot ea d3y5 .E, fan to a round steel pat in the northeesternly right-of-Oft '9114 y Thence North 39 depress 1i aewtes 5 seconds East wth I &stance d 110.11 fees, to. a rand steel pe+ Thence South 50 degree 13 smwtes 42 newds East oth a dstance of 03,02 feet to a rand steel o 1 hente South 10 degrees 21 suwtes 3i ands Went Wth a 6stance d 131.8i feat to the pant of bodww*'q. contOWS2 in all O.3f5 acres d land , ,fir YEA' i y 1 " v 4 CITY COUNCI r E r. , t .i k f p lF t r a t,' 1 'e R f r ~ r F s t r r 4 lr ~A1 K fff~. t,'r~} 9 r ` ~1 f y ~/T~ • ~I l ^ f 'ate ~ ,'`4~ II s No i DATE, August 16, 1994 13 CITY COUNCIL REPORT j TO., Mayor and Members of the City Council FROMt Lloyd V. Harrell, City Manager SUWECTt Rezone a 24,125 acre site within Planned Development No. 98 to a single-family-7 district. RECOIMDATION3 See attached report. ;r RqNKARYI See attached report. BACKGROUN Be* attached report. PROGRAMS.. DEPAP1'l4ENTS OR GROUPS AFFECTEDi t Property owner. FISCAL IMPACTt ; ' None. Respectfully submittedt f 4 1" 1- Prepared bye Lloyd V. Harrell# Cit Manager t 01 0. en Yost, tir Pi nner -baln Approvedt a 4 '.I 1 a H. bins AICP Executive irector Planning and Development AIOi0062F M1,i 1 taT,li~f 40*No ApWalt u Dole - navoar ~0~ 13 Tot Mayor and members of the City Council Cass afoot Z-94-015 Meeting Dates August 16, 1994 afilfMltflL Ii1T URTI011 Applicants Mr. Jesse Lawrence 5900 E. McKinney Denton, TX 76208 Current Mori same (dba McDonnell Highlands) i his"asted actions Rezone 24.125 acres known as sections 3 and 4 of McDonnell Highlands from e planned development district (PD-98) to a single-family zoning listrict (SF-7). Location and Mimes The 24.125 acre site is located on the south side of McKinney Road, across from Billy Ryan High School. It is approx- < imutely 2,000 feet east of Mayhill Rd. surrounding Land Use and Moningt North - Planned Development No. 98, developed as single-family residences. Farther to the north is undeveloped land designated for retail use. South - Undeveloped ETJ land. East - ETJ land that is largely undeveloped except for y a few homes and a stock pond. { Hest - undeveloped ETJ land. t tzs.sst+ r No Ape Wteri f ~ Case No. 2-94-015 Dee Page 2 Joe If f U Denton Development plant r Low intensity. j SMCIDL rUPORnTIO>f Transportations There is no concern with the transportation impact of SF-7 zoning. : ' tttilitiess No significant impact. Drainages No significant impact. Increased runoff will be handled in the platting process. SISTOR'Y The land is currently within Planned Development No. 98, and ! has been :since it was annexed in 1986/87, ordinance E6-16 adopted, the zoning, and adopted Comprehensive Site Plan (Exhibit 3). Prior to that, it was not zoned, and was in ` Dentonos Extra-Territorial ,jurisdiction. The Planned 3 Devvelopmsnt allows single-family and duplex uses on the 24+ mores in question. Ik Thirty-one notices of the hearing were mailed to property { owners within 200 feet of the site. As of this writing, no written responses have been received pertaining to the notice. ` ~ 7►N71LYiia dince PD-99 allows duplex use, the 24.125 acres is currently allotted 1,930 intensity trips (24.125 x 80) according to the Denton Development Plan. The proposal of single-family-7 stoning,, at 42 trips per acre, would replace the current t allocetion with 1013.25 intensity trips. Thus, there would be a reduction of 916.75 Intensity trips. j RROOKO fDATiON 1 i ~ ! III ageedatte oete u case No. Z-94-015 1441-3 Page 3 The commission recommends approval of Z-94-015 in light of the reduction in intensity trips and conformance to other policies t of the Denton Development Plan. 71H'/Re1>1'lIVa/ 1. Recommend application. 'Z. Recommend application with conditions. 3. Recommend denial of application. 4. Postpone consideration. r 1 1. Location Nap. 2. Partial toning map of area. Mo `3. Comprehensive site plan: Al" Piz min, 00, S. Draft ordinance. tiv K I yea ~ `<< . ~ f F N . a , ;y ! r' 3} r, P Alb10" 1. I - ~I r are :i rra.~ i vemaNo. 9~-A2b _ 4gendatt S C ATTACHMENT 1 Q31e ~ n McDonnell Highlands -W L? NORTH { l If l V 4 to l j co 42 y N 6j Sf ac 0 s~ SITE } Location Map Date: 70% Safe: None + 4 1 w r~ 4gendaNo.~'~~ ATTACHMENT 2 Apenda~i e. _ McDonnell Highlands Este NORTH k t fD i 130 i + 'v '•'o- 7 v. r •~';.,t .3/'<< !_.~r~ ~ ~ ~ t ..;~'!vj7i' t~ «f. ''.t ? r yt a:v'.I t p - 8' L) ~ li may' r ETJ PD-42 r ani U ! f C = A LI t (Lq 9 - ; S- 73 Zoning Exhibit 1 i Date: &9194 Scale: None ` j f r~ F` A7.aV t } ~ ~ IIr h`. , ate .9 JI lad l 1' etti~ ^il 0 ` Z I I r X. -f- y • ~ 1= S t to ii I. a L n, t - r I o ` I 1 ~ 3` t , ; f low `-t- I h ` UI@W I I u ~ 00 IlllIyltll 1"l _ • - R~ \Ik ! ~ \ 11 NI I. N 111 I• - ~ - % N 1, 4,0 M• •aZ / IIAIW( WINI R N I{ IFNMIf no uwa,y I f11N1 ~q\` \ ~ ~ tr. Inra •t••r Nllvllawlu •la •.}.I ~7t 7~~ \ ~'1 1 t o ti 4 } 1 j I ~ i I~ I~ , k } 1•fa fir w w! i r' 'r" M _ ••rw'•rl. lui 1« / In I. •a'w'ua au' . 1 !Ka'w•• wul~ wiol.im "TV iKUx enww ~ ? •l - r ~ • MCI/r DA~YI a ` ' j r! u N •r k!. ''-I S +I .hx 5~ . f .x 1 (l'Ir r ttI•►3 r- St~ ~ " yM< b- 11 I. (fl .~11 A 'r? } • •.131• I: /Hl:. .Q„1/ ~1 ar • i t ~ ` ra t/ ou ~ rf` 0 ~ . 4 ! I • ~ , r /I 3 f SJ !r. ~I •P..I P Ivy ~ ~ . l / ♦ !r i i 1 r1~ 5L •/!Jf~ V 1 V''1 i S- t~ -_j/ of "I 1160 :jj ^i M~ a •N • ♦r 1 / Y N B ~yO IG'. / E 1 /'•.1, III. fM.Iw •-•R Raw !w'r a r,✓.- I r, I Y f arH. YYY GOMM q y' ATTACHMENT 4 ~QeAdallert► G i :ciautes PiS Commission late g0~ /.g July 13, 1994 page 36 ththe is, problem on this area, that am comfortable with voting compound sandpiper. Mr. Engelbrecht: Traffic is going to increase with theutaff, houses in. I would suggest that you work particularly with engineering. With regard to drainage, our l regulations are much better than they have ever been. I feel the oning # this o property has been SF10 since d staff i can t recall. f c All of those in favor? Motion carries unanimously (6-0). ~ IX. Street,l across Highlands# located on the south from Billy Ryan High School,side of McKinney a. Hold a public hearing to consider rezoning 24.125 acres of Planned Development No. 98 from PD to SF-7. Staff report by Owen Yost. This is an application to rezone 24.125 acres from PD to SF7 zoning. The site is located on the south side of McKinney directly across from Billy Ryan High School. Currently it is in PD-984 This portion is within the city. the t the land directly to the west, east, and south are not within I the city. The land to the south, east, and west are undevel- here no significant impact on oped. mailed out withini200 utilities, or drainage. utilities, T feet of the sight being zoned. We have rot received any written replies. We have had approximately 4 telephone calls gathering information. There is an overall reduction in intensity trips. The PD did allow for SF residences, duplex, and retail on McKinney frontage. Zoning is to single family only. The staff does recommend approval of 294-015. Mr. Engelbrechts Any questions at this point? Is the petitioner or the petitioners representative present? Mr. Burkes I resids at 1318 Auburn. PD-98 was originally General Retail along the E. McKinney St. frontage. Everything else sh was is residential. the ay the houses are cor tructed.ified it to SF7 Mr. Engelbrecht: Is there anyone present who would like to speak in favor 'of this petition? Is there anyone present who 1 would like to speak in opposition to this petition? k Jim lowns property to thetwe t Rt I Box 310, and southwest ofethis.t~ Will family i i 1 low { ~geneatt ~fC Minutes P&B Commission OBtE - July 13, 1994 913 4 Page 37 I be allowed to talk about items b & c, is, that a public hearing? Mr. Engelbrechtt Ho, that is not a public hearing. We will j listen to your comments now. !i Mr. Callahans We want to address drainage. We have a serious t` drainage problem. ! err Mr. Engelbrecht: Have you spoken with staff about this? ' Mr. Callahant No, I hava not. Mr. Engelbrecht: We doihave subdivision regulations and the f developer will have to meet those as it relates to drainage and other issues at the;time of the final plat, what you want to do is visit with Mr. Salmon. The public hearing is closed. j Is there anyone present'who would like to'speak in opposition. Dr. Huey: The statement saying no significant impact on utilities, where is this property in relation to some people we had during the CIP!hearing who did not have utilities provided in this area? Are utilities provided in this area? Mr. Cosgrove: Carpenter Road, they cannot get into the sewer system that presently serves PD-98. The water line that would serve Carpenter Road is already existing and is closer to that property than the subdivision would provide. r Dr. Huey: Are there utilities at the property we are looking at now. Mr. Cosgrove: Yes, in fact there is a sewer. line that cuts through a portion of this property. Mr. Engelbrecht: Any other questions for staff? Mrs. Russells I move approval of Z94-015. Mr. Nortont I second. Mr. Engelbrecht: All those in favor? Motion carries unani- mously (6-0). „ b. Consider the General Development Plan of 71.077 acres of land, owned by Jesse Lawrence. Staff report given by Owen Yost. T " I i w4wrwt.ord Apertd W ATTACHMENT 5 AgWal S U Date _f 6l ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM PLANNED DEVELOPMENT (PD) N0. 98 TO ONE-FAMILY DWELLING (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DE,3IGNATION FOR 24.125 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF MCKINNEY STREET, ACROSS FROM SILLY RYAN HIGH SCHOOL, AND APPROXIMA'T'ELY 2,000 FEET EAST OF MAYHILL ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2x000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHERE".". Jesse Lawrence has applied for a change in zoning for 24.125 acre6 r. land from Planned Development (PD) No. 98 to One- Family Dwelli;st 9istrict (SF-7)1 and WHEREAS, on July 13, 1994s the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS the City Council finds that the change in zoning will be in compliance with the Denton Development Plan; Now, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: fifAQTjQH_I• That the zoning district classification and use designation of the 24.125 acres of land described in Exhibit A. attached hereto and incorporated into this ordinance by reference, is changed from Planned Development (PD) No. 98 to One-Family Dwelling District (SF-7) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. SECTIOM Ii. That the City's official zoning map is amended to show the change in zoning district classification. SECTION iii. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION IV. That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary y 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 i date of its passage. PASSED AND APPROVED this the day of 1994. BOB CASTLEBERRY, MAYOR i r 4W j 9~ st6 +pendaNo 4gelMal oat* ATTEST! .1 i JENNIFER WALTERS, CITY SECRETARY BYs r APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY s , BYI i r 11 ` 4 t } i I 1. 1 f ( I J t 7t k c' PAGE 2 . . ,Y 1 ` t OWN I ~ 1` I tfm ENO 9y' C I 24.125 ACRE TRACT ~rl ~3 FIELD NOTES to all that certain tract or parcal of land situated in Block A of the Morreau Forrest survey Abstract Number 417, Denton County, Texas; the said tract being a part of the called 39.478 acre tract described in the deed from R. O. McDonnell at ux to McDonnell Enterprises, Inc., recorded in Volume 1477 Page 929 of i the Deed Records of Denton County, Texas; the said tract being more particularly described as follows: BEGINNING for the most Southerly Southwest corner of the tract being described herein, at a fence corner post for the most Southerly Southwest corner of the said 39.478 acre tract, the same boing a reentrant corner of the tract described in the deed from I Felix Callahan at ux to Ann C. Stark at al recorded in volume 1023 Page 630 of the said Deed Records and being on the occupied South line of the said M. Forrest Survey and the North line of the Gideon Walker Survey Abstract Number 13301 THENCE North 01 Degrees 00 Minutes 46 Seconds East along a fence with the West line of the 39.478 tract a distance of 798.58 feet to a fence corner post at a reentrant corner thereoft THENCE North 88 Degrees 07 Minutes 49 Seconds West along a fence a distance of 158.15 feet to a fence corner post at the most Westerly Southwest corner of the said 39.478 acres, the same being j the Southeast corner of the tract described in the deed to Hershel Eugene Waughan at ux recorded in Volume 997 Page 773 of the said Deed Records; THENCE !forth 01 Degrees 00 Minutes 54 Seconds East along a fence t+ith the West line of the 39.478 acre tract a distance 411.86 feet t, to a 1/2 inch iron rod found at the Southwest corner of Lot 8, Block D, McDonnell Highlands Phase One, as shown by the Replat ! thereof recorded in Cabinet F, Page 396, of the Plat Records of Denton County, Texas! f THENCE South 89 Degrees 30 Minutes 14 Seconds East with the South line of Block D, passing at 531.07 feet a 1/2 inch iron rod found at the Southeast corner thereof in the West right-of-way of { Glenngary Way and continuing across Glenngary Way and with the South line of Block E, in all, a total distance of 964.74 feet to a 1/2 inch iron rod found at the Southeast corner thereof in the East lino of said 39.478 acre tractt THENCE South 00 degrees 10 Minutes 40 Seconds West With the East line of the 39.478 acre tract a distance of 415.64 feet to a 1/2 inch iron rod found at an angle point therein; y ~ E I 'two r+ 9y- c { 24.125 ACRE TRACT We FIELD NOTES to all that certain tract or parcel of land situated in Block A of the Morreau Forrest Survey Abstract Number 417, Denton County, Texasj the said tract being a part of the called 39.478 acre tract described in the deed from R. O. McDonnell et ux } to McDonnell Enterprises, Inc., recorded in Volume 1477 Page 929 of the Deed Records of Denton County, Texas; the said tract being more particularly described as followa: Y BEGINNING for the most Southerly Southwest corner of the tract being described herein, at a fence corner post for the most Southerly Southwest corner of the said 39.478 acre tract, the sama being a reentrant corner of the tract described in the deed frcm Felix Callahan et ux to Ann C. Stark et al recorded in Volume 1023 Page 630 of the said Deed Records and being on the occupied South line of the said M. Forrest Survey and the North line of the Gidaon , Walker Survey Abstract Number 13301 1 THENCE North 01 Degrees 00 Yinutes 46 Seconds East along a fence with the West line of the 39,478 tract a distance of 748.58 feet to a fence corner post at a reentrant corner thereof; THENCE North 88 Degrees 07 Minutes 49 Seconds West along a fence a distance of 158.15 Peet to a fence corner post at the most Westerly Southwest corner of the said 39.478 acres, the same being the Southeast corner of the tract described in the deed to Hershel Eugene Maughan et ux recorded in Volume 997 Page 773 of the said Deed Records; THENCE North 01 Degrees 00 Minutes 54 Seconds East along a fence with the West line of th+► 39.478 acre tract a distance 411.86 feet to a 1/2 inch iron rod found at the Southwest corner of Lot 8, i Block D, McDonnell Highlands Phase one, as shown by the Replat thereof recorded in Cabinet F, Page 396, of the Plat Records of Denton county, Texas; THENCE South 89 Degrees 30 Minutes 14 Seconds East with the South line of Block D. passing at 531.07 feet a 1/2 inch iron rod found at the Southeast corner thereof in the West right-of-way of Glennyary Way and continuinq across Glenngary Way and with the South line of Block E, in all, a =otal distance of 964.74 feet to a 1/2 inch iron rod found at the Southeast corner thereof in the East line of said 39.478 acre tract; THENCE South 00 degrees 30 Minutes 40 Seconds West with the East line of the 39.478 acre tract a distance of 415.64 feet to a 1/2 inch iron rod found at an angle point therein; i 3 1 AP*NO AP*1 1{` THENCE South 01 Degrees 00 Minutes 46 Seconds West, continuit5Cg with the East line of said 39.478 acre tract and passing at 137.19 feet a 1/2 inch iron rod found at the Northwest corner of the called 0.411 acre tract described in the deed to R. A. Milligan . recorded in Volume 1821 Page 167 of the Real Property Records of Denton County, Texas, and continuing along the same course, in all, a total of 798.58 feet to a 1/2 inch iron rod found near an old f wire fence for the Southeast corner of the 39.478 acre tract, the same being the South line of the said M. Forrest Survey, as oocupiadi ` r THENCE North 89 Degrees 30 Minutes 13 Seconds West along the general course of the old wire fence with the said South line of the McDonnell tract a distance of 812.67 feet to the PLACE OF BEGINNING and enclosing 24.125 acres of land. f 4T G I of r r s . r ,lylf.,r., ..._e, r ..,.4VSW ~rW.Nb'11 r EiMCOUNCI; t r tiY + r I °f, i t ~ a r 'd . 's ti •i • Q~ 0 J i i p:'s Y}yI r ~ T DATE: august 16, 1994~~o.~ 444 CITY COUNCIL REPO v TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECTt Amend the Detailed Plan of Planned Development No. 21 to allov additional duplex structures. RECOMMENDATTONs See attached report. SUMMARY i See attached report. BACKOROUN : Be* attached report. 4 DEPARTMENTS OR GROUPS AFFECTED: Property owner. ! 4 I r _ FISCAL IMPACTs None. Respectfully submitted: Prepared by: Lloyd V. Harrell, City 41anaget i V 111 G. Oven Yost, ASLA j y Urban Planner 1 Approvedt raH. Robbins CPCP Executive Direct of Planning and Development AU%M s .r '~N ..._.......r..ys.r. n" a "wl .n:Mn+;^✓'b 'hMpd ai: n:,.n. ;'.w: , , .5R.94'NI~ Fx •P i "do No ^pWYI - ~ 20~ is REPORT Soo Mayor and members of the City Council case wool 2-94-018 xeeting Dotal August 16, 1994 I OEIiER71l, IWORKITIO 7lppliaaalt Good Samaritan Village 2500 Hinkle ur. Denton, TX 76201 F Current owner, sane ested Action, Amend the Detailed Plan of Planned Devel Rev - E _ opment No. 21 to allow additional duplex structures in an elderly residential complex. r, rooation and sisal The 26,841 acre site is located at 2500 Hinkle Drive, on the east side of Hinkle Drive south of Headlee iane6 surrounding Land ose and zonings North - The right-of-way of Headlee Lana, across from which are single-family hoses on SF-10 zoning. South - Undeveloped land on SF-16 zoning. East - Scattered residential use and undeveloped land on SF-10, 2-F, HF-R and MY-1 zoning. Nest - The right-of-way of Hinkle Drive across from which is some residential use on PD-78, and undeveloped A zoned land. Denton Developaent Platt, Low intensity araa /230 which is 82% allocated. 1 T ' rr wr i 4490a N Agendas Gate Case No. Z-94-018 v9 ~-S Page 2 II BFaCIAL INFORNATION Transportation i No significant increase in demand. utilities$ The minor additional demand will be handled with no negative ' impact on existing public utilities. i Drainage& The zoning amendment will not create a signicant increase in drainage. Any drainage construction will be addressed during the platting process. Prior to March 17, 1981 the site was in a SP-lo zoning district. Then, a planned development (No. 21) was approved (via Ord. 81-25) for an "elderly retirement complex, including apartments, duplexes, triplexes, a health complex, and adult day care center". On August 71 1984 the planned development zoning was amended f (via Ord. 84-96) with the residential structures shown on the ' detailed plan, and a reconfigured gain structure. NOTIFICATION ,w Forty-savan property owners within 200 ft. of the site were t notified. At this writing, 6 replies have been received in favor of the proposal, and one undecided. ANALYBis i The 26.641 acre site is in a low intensity area according to the Denton Development Plan. As such, it is allocated 60 ! Intensity trips per acre, or 1,610.46 trips (60 x 26.841). The proposal before you requires 1,400 tripe (an increase of 200 over what was previously allocated). This is approximate- ly 210 trips less than the site's proportional allocation. s. I 9 ~rx : np Z 1 f 4~en0a~t 3 M_ 16 q4I late ~5. Case No. Z-94-018 Page 3 r RZOOK UM?IQ! The Planning and Zoning Commission recormanded approval, with the condition that three duplex structures, shown on the plan presented to thee, be deleted. The applicant agreed. There- lore, the plan you have before you shows three tower struc- tures, and reflects the Commission's recommendation. AL'lsR1f~TI1Re 1. Approve application. 2. Approve application with conditions. 3. Deny application. 4 Postpone consideration. cy , ; A"AQP M"s E Is Location Nap. Z. axisting PD site plan. ' i 3. Proposed PD site plan. a 4. Datat'8tudy Area 93. q' 5 Draft ordinance. r, r. ~ ~IOi04~l0 f y f: c+A ■ / candaNo.9y 2 ATTACHMENT 1 4900all Cale - NORTH Z-94-018 Good Samaritan Village S CUT. ACO I o a< < ® ~ \ ow o 4 0 W ~ I 1 Q SITE C~ WACLE D ~v s' p + U M LILT fl DD ~ C IV II Q / / A we. seQ., aDDD& its D~ ~ DDD ~ DDD®D ~ ~ ®Dn c.~F Ll 00 a o • o ❑®C~©©n ® !00 ~ ---onn LAM On Map I Datt: 7AM Scale: Hone L' row gar I ATTACKMENT 2 NO, 40eWten S 40 Good Samaritan Village Addition Dale NORTH ! r -M 00 Ej D D ` 111 ~ "a r fjl ;I~J 1 r3 .1 r r , r ~ r. 4 r r .'r1. l 'Y ' i Original Planned Development Conct'pt Plan l Dates 814194 Scale: ;None ~ c[pl ~II Wall ~4YWtF "owl ATTACHMENT 3 199ndaho 4perealt .Z-94.018 Good Samaritan Village Oate_M. NORTH I,. J 1 1 -a~. m m:o ^ro 0 10 : 10 co f 1~ "r s o T k~ sf - p 1 Ir SEW" ty -i 1 VYVVV IRV% TAIC Ira LSrE Ip [ I ' t ST 174.4 LOT 3~ • 1 j> f 4P OS LYqJ COSTM on t T ~r~ I \ 1 T7Lb` 1 1 I I. :EMT r I 1 tTSrHOs• , •.1k s 695.-.._ t 1 s 6 9 } 4 , o LOT .N1. \ pf 674 S -..I 66 f t i'~ l• ELST T i 672 LOT 2,3 v 1 1 1 LOT is i ST . .01 ~r r oT 4-STORY 0014^. n . r. ,1 RcrlRClcxT. °~0 LOT w -659 11 ' ~pipi►parrA!!°pi Frm. ` 1 ' ;ppl t[~iM LOT - Lot 17 AN i 666 . f Lhv[ p ASP~ftf -C, of . LOT \ 1'664 HAGGARD-{+- u ® :.F txrq~NOY 1 Mpl ~ ~ficJ 1 111'DRAMT&s4... 'r+ro j \ } $62 _ N I 1 14 660 LOT it 3t W, Le LIEOIC 1 ~ Nt T r tot USE! ; PRQPIL$ED Loa K Lwa"nTMw`. K[1~s i 1 M1 18. ,ACRES VOLO7 c-1 1 LOT s s IS y ■ O DLVLMS IO17 Ad1C p1Op~04D n ✓ T-4 siMr R[TR[uf DRALK[dG1111U01A1DYWSr I - _ - . - - ~rsr 1L \~Tt s b wq~[xls' V4 fill' N !02.3' ' t ` 10 Ca 10 PfM AN 94-55737 Q RI O1. 1~gg Planned Development ~ I MW . 715194 Safe: None Awl ■ wrca I ATTACHMENT 4 INTINSITT AItA ♦ 23 list 61835 ACRI• I ,r~rssv- Ila BOUNDAIT DRICIRITTION taste Highway 77, Bolivar, 8eadlae Street, and Carroll Boulevard West$ 8onnts, seas, Nocthr Windsor Drive Southr North property line of commercial and retail uses on the north side of University Drive f re r {i I vtnDSOa Darve ~ ~ " 1 1c F r N ~ + II sR II i I ` ' $CALM 1 I U i , P i Z Minutes July 27, 1994 Page ? BRAF G vote). Congratulations. { Ii. Consider approval of the minutes of the July 131 1994 f! meeting. Mrs. Russell: Is there any discussion or a motion regarding the minutes. Dr. Huey: I move approval with the proviso that the suggested i corrections will be made. Mr. Norton: I second. Mrs. Russell: All in favor of the minutes as corrected raise your right hand? Opposed, same sign? Motion carries (6-0). Mrs. Schertz: I would like the record to show I abstained. III. Good Samaritan Village Addition. a. Hold a public hearing and consider amending the detailed plan of Planned Development No. 21. The 26.841 acre site is located on the east side of Hinkle Drive (2500 Hinkle), south of Headlee Lane. Staff Report by Owen Yost: This is an application by Good Samaritan Village to amend the detailed plan of PD-21. The Entirety of PD-21 is on the east ' r side of Hinkle, just south of Headlef,. The area is in the low intensity area #23. This area is 82% allocated or under allocated as we say. There is no significant increase in i, transportation, utilities or drainage with the proposal. The most recent planned developed was 1984, this allowed the duplexes and triplexes shown, as well as the main kuilding. The proposal shown here requires 1,416 intensity trips. This is an increase of 260 trips over what was nreviously allocated in the 1984 planned development. The entire area by virtue of a it being a low intensity area is allotted 1,610 intensity trips. In light of the less than proportionate share demanded by this proposal, the staff recommend approval of Z-94-018. Mrs. Russells Is the petitioner or representative here to speak? Richard Garner: I am the Operations Director of the Good Samaritan Village at 2500 Hinkle Dr., Denton Tx. I just want to clarify the units that are proposed are going to be over a } i txr~ 1 46. 1 T" tqendaNaU P -mum] ~ alt2S- p i 2 Minutes r~~~• 3uly 27, 1994 Page 3 " i i 10-15 year span. We are going to take the first unit, loot 2, that is actually the first unit we are going to build the first year. Over the next two years, we plan on building two more units. The units that are on the other side closest to 676 4 676 and the ones that are in the far southincre ortio ntof the buildings will be in approximately 10 year . All of the units wouldn't be built at the same time. 1 Mrs. Russell: Is there anyone else who would like to speak in petitio? ne B iwho would ng there like ts no tio to the there n ' favor the sit n speak in oppo I opposition, we will de tiiens tof he staffs ring closed. Any ' further remarks or qu Dr. Huey: There are some comments in the response from Di. ; Newell, have you studied that, and do you have any comments c.4 that? Mr. Yost: I cannot place which comment was his. Dr. Huey: She Is concerned about potential additional { flooding and traffic hazard. Mr. Salmon: As you know currently it is a relatively large to add is a few faoility' and I think a we hh ve are 26 units, you are probably duplex units. I guess talking about 200 or so traffic trips per day, additional "l traffic, once all of the units are completed. This is over the period of a day and is relatively small. Drainage really shouldn't be too much of an issue. There ~ won't be a lot of additional parking for these duplex units. There won't be any major large parking lots like there are around the main building. Obviously it will have some affect on the drainage as it does when you you roofs and patios or what ever you have. I think it would be relatively i insignificant. I Mr. Cooper: What does "proposed easement' mean, is that a drainage easement has not yet been obtained for that property? r, Mr. salmon: ^urrently, the only portion of the property that is platted is this portion at the top. 1 think there is a j } drainage easement, from this point all the way down here to the ` i first driveway. Currently, there is no drainage easement from this driveway south. i Mr. Cooper: I know down in the outh west part right nthe property, there are some flooding problems { l s t apen~laNO1 oats P & 2 Minutes July 27, 1994 Page 4 0 How do they propose to access those lower units? Mr. Salmon: I am assuming they will probably install some sort of a driveway somehow, this doesn't really address that. Mr. Cooper: There is no indication as to how they are going to access the lower units. Would that normally be part of what we consider for a replat? Mr. Salmon: That is usually on the detailed plan. Mr. Cooper: I thought we were perusing the amendment of a y' detailed plan? Mr. Yost: The drainage and driveway locations are a plat j matter. The plat is the next item on the agenda. f Mr. Robbins: The plat is going to address access and i, driveways through the public street, but will not address driveways or access internal in that area. From the detailed I plan, what you see is what you get. There would not, be anymore driveways or parking lots built other than what is shown on the detailed plan. If there are, they need to be ! added to the detailed plan. Mr. Cooper: That is my concern. When he said a detailed a plan, I thought that should show driveways and so forth. Mr. Robbins: David was indicating that there may be additional driveways to those units. % Mr. Salmon: if they are going to have driveways to the units, that would need to be shown. If they don't plan on any additional driveways, it is fine the way it is. Mr. Coopert I feel that we have an incomplete detailed plan. r If we are considering a detailed plan, I would think the driveways need to be addressed at this time. Mr. Cochran, There are none on the existing units either. z # Mr. Robbins: Are you planning to have any other drivewaya or e. parking lots than shown on the detailed plan? f' Mr. Garner: We are not going to even think about building j. three duplexes in the lower area. Those are on there because they said fill in the spots where you would like to have duplexes in the next 10-15 years. We put three boxes in that bottom part that will never be built. Ar I 01 rr I' ~pendaNo lgendal late psi Z Minutes July 27, 1994 page 5 Mr. Cooper: If that is the case, I don't think they should be on the detailed plan. Mr. Robbinss The three southern most, will never be built Mr. Gernert Correct. Mr. Robbins: The commissioners comment was they ought to be deleted from the plan. I don't think he would have any difficulty it that were the case and before it went to council those three were deleted. Mr. Garners There would btj no problem with that. Mr. Cooper: I can see where the four that are on the streets to be built would have access off of those streets to their dri.eways. Right now, the three that are down there now, I don't see how they would be able to get to those if they were ever to he built. If they are not going to be built there, I think we should delete them from the detailed plan. f Mr. Robbins: All of the other driveways and parking lots you I think you will build, and those are where they are supposed to ~ be, and we don't need any additional driveways to support those other duplexes shown? ti Mr. Garner: Nothing in addition to the existing units or, the proposed units except for those three at the bottom which we can delete. Mrs. Russells if I am understanding this correctly, if you are so of mind, the removal of the three at the bottom, any action could be with the consent that the three would be deleted from the plan, would that be correct?, Mr. Robbins: That is appropriate, you could add that to the motion. Mrs. Russell: Any further questions or discussions? The chair will entertain a motion. Mr. Cooper: I would like to make a motion that the detailed 1 " ^plan of PD-21 be approved as shown with the condition that the j three lower duplexes be removed from the plan. Mr. Cochrans I second. Mrs. Russell: Any furi,er discussion? All in favor? 1 Opposed, same sign? Motior. passes (7-0). ~F , i goodeam.ord f Ape*No 9q: 0 b Ape *1 yes iZ Dale q ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE DETAILED PLAN FOR PLANNED DEVELOPMENT NO. 21 (PD-21) AS SHOWN IN THE ATTACHED DETAIL PLAN FOR 26.841 ACRES OF THE 27.437 ACRES THEREIN , DEFINED; PROVIDING A SAVINGS CLAUSE; REPEALING ORDINANCE 84-96; PROVIDING FOR A PENALTY IN THE MAXIMUM VIOLATIONS THEREOF; AND PROVIDING FOR AN F ECTIVE DATE 2,000 FOR E WHEREAS, Good Samaritan Village has applied for an amendment f to Planned Development No. 21 (PD-21), as defined by ordinance No. j 81-25, with respect to 26.841 acres of the 27.437 acres therein defined, more particularly described in Exhibit A. and to authorize development in a manner consistent with the detail plan attached as Exhibit S; and WHEREAS, on July 27, 1994 the Planning and Zoning commission, after a public hearing, recommended approval of the requested changes] and WHEREAS, the City Council finds that the proposed amendments will be in compliance with the Denton Development Plan; NOW, j THEREFORE, THE ODUNCIL OF THE CITY OF DENTON HERESY ORDAINS= 4 tECTION 1. That Ordinance No. 81-25 (PD-21), providing appro- val of a planned development zoning district classification and use designation for 27.437 acres of land is hereby amended with respect to 26.841 acres of land located therein, and more particularly,des- cribed in the legal description attached hereto and incorporated herein as Exhibit A, by adopting the detail plan, attached hereto and incorporated herein as Exhibit S for all purposes. RECTION_II. That the provisions of this ordinance as they apply to the 26.841 acres described by Exhibit A govern and control over any conflicting provision of Ordinance No. 81-25, but all the provisions of ordinance No. 81-25 as they apply to that remaining portion of the PD zoning district classification and use designa- tion not herein amended, shall continue in force and effect and shall apply to the remainder of said district, sF IO iii. That ordinance No. 84-96, being a prior amend- " i ment to ordinance No). 81-25 (PD-21) is hereby repealed as being obsolete and inconsistent with this ordinance. SECTION IV. That a copy of this ordinance shall be attached to Ordinance No. 81-25, showing the amendment herein approved. SECTION V. 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. I 1 ~peodaHo (~_0 AOendattarp,~ 5ECTioN Vr That this ordinance shall become effective tour- o 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 data of its passage. PASSED AND APPROVED this the day of 1994. n BOB CASTLEBERRY, MAYOR .1 1 I ATTEST: JENNIFER WALTERS$ CITY SECRETARY i r t BYi . 5 APPROVED AS TO LEGAL FORM: r. 1 ' DEBRA A DRAYOVITCH, CITY ATTORNEY i PACE 2 '•'4.1.yIYR;P4d 11j1I~ I tv.Y" rrs.e• V I r ti is } AQefltiaNc G~ ' 026 E FIELD NOTES 26.841 ACRES AQerldait Date yel / pa /S BEING all that certain lot, tract, or parcel of land situated In the Robert Beaumont Survey, Abstract Number 31, in the City and County of Denton. Texas, being all of Lot 1, Block 1 of Good Samaritan Village, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet B, Page 148, Plat Records, Denton County, Texas, and being all that certain tract of land i conveyed by deed from Frank N. Hail, Trustee to the Evangelical Lutheran Good Samaritan Society recorded In Volume 738, Page 641 Deed Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at a point for corner In Hinkle Drive, a public roadway having a fight- of-way of 60.0 feet, said point being the southwest corner of said Good Samaritan Society tract; THENCE North, 984.93 feet with said Hinkle Drive to a point for corner; F j THENCE N 8911 57'4(r E, 17.57 feet to a point for corner in the east line of said r • Hinkle Drive. said point being the southwest corner of sold Lot 1, Block 1, of said Addition; THENCE North, 310A3 feet with said east line of said Drive to a point for comer in the south line of Headlee Drive, a public roadway having a rkjht•of way of 50.0 r ' feet: THENCE N 890 45'00* E. 887,31 feet with said south line of said Headlee Drive to a point for corner, said point being the northwest corner of Lot 1, of Oakhill I Addition, an addition to the City of Denton, Denton County, Texas; f a j THENCE S 000 06' 50• W. 1305 feat v4th the west line of said Oakhill Addition 1e ~ and 0th the v.,est I'ne of Infiniti Strcta Addition, an addition to the City of Denton, Denton County, Texas, to an Iron rod found for corner In the north line of that curtain tract of land conveyed by deed to Peter C. Kern, recorded under Clerks File No. 9454332, Real Property Records, Denton County, Texas; i ` i THENCE N 890 35 54' W, 902.30 feet with said north line cf said Kern tract to the PLACE OF BEGINNING and containing 26.641 acres of land. F i i i F ~C ITS' COUNCIL a EErA= r d r l r 1 C r Yt~ Yj~yyr y," .G t O$ r, C " f 4 soy. 4 5 i r NOV" i ~~IAdINO ~ 1 DATE: August 16, 1994 REPORT Ic TO: Mayor and Members of the City Council FROM3 Lloyd V. Harrell, city manager SUBJECTI Variances to Sec. 34-114 (17) and Soc. 34-7 (o) of the Code of Ordinances, pertaining to sidewalk construction and variance procedures. i RECOMMENDATiON3 The Planning 6 Zoning Commission recommended approval at its 8/10/94 public hearing, by a vote of 5-0. The site is located at the southeast corner of Welch and j Fannin Streets. Lot 3A, Block 4 of the Wattam Addition is ` owned by William and Mary Lou Collins. They plan to build a is house on the lot. The variance request to Sec. 34-114 (17) pertains to sidewalks construction. The requested variance to Sec. 34-7 (C) perteina to the requiremEUit that such requests be submitted with the preliminary plat. in this case, the plat was reviewed in 1989 but no building permit was requested until now. ( In order for the City Council to approve a variance, it must 1 be demonstrated that all three criteria, as listed in Sec. 34- 7 of the Subdivision Regulations, are met. The criteria, and _ the Commissions responses, follow: 1. Granting the request would not violate any master plans ' as defined by sac. 34-5 of the Subdivision and Land Development Regulations. Jj Granting this request will have no effect on any of th,3 City of Denton"s master plans.* 1 2. The special or peculiar conditions upon which the request ' is based relate to the topography, shape or other unique physical features of the property which are not generally j common to other properties. ` "This property is unique In that It has severs topography. Specifically, there is nearly four feet of rise from the back-of-curb on Tannin St. to the right-of- _ greyy line. In order to construct a sidewalk, a retaining vall Mould need to be constructed an well.. which vould I cause significaj,t disturbance to the root systems of two protected trees located at the right-of-way line.* i , .pJ.•Jr'j mom { r A . August 16, 1994 4genda~t Page 2 Ve _ 1 ~ g 1' ~ 3. The special or peculiar conditions upon which the request is based did not, result from, or was not created by, the owner,'s or any prior owner0s omission. "The above-referenced condition was not caused by the owner, or any previous owner of the subject property., SACKGROUNDi j When the property was replatted in 1989, the developer was required to install sidewalks across frontage of all lots included in the replat. However, there has been no con- 1 struction activity on this site between the 1999 replat and today. It should be noted that if this property were e replatted today, sidewalks would not be required. " The applicant proposes to construct a sidewalk along Welch < Street only. The area in which a sidewalk would be built along Fannin Street has challenging topography. i Paw DEPARTM2US OR -AYIM Q i Property owner. ,K stone. ;e r, r t Respec ully submitted: 4 IN A-10YV trrs , C Kana.ger I, Prepared by: e. 1 CL, S. Owen~Tfos ASIA Urban'Plannar Approved bye Ip A Yr lit I I ExecutiveRD zector ofP Planning and Development ;s ~ AT?AC'8kE1e1'8i sj 1. Location map. i 2. Site pplan, 3. PiB minutes. JUI7to0611 i ~lw4s I trMlri i YY..Y:IV1Y Mimi ■Rrr Y ~ ~ ■ji■■ ypAnd8P10 901-40a w µ WOMEN ATTACHMENT 1 Date` f, © Cpl ~ sown ro r~ ~f 7F=J Oft's (G __j a EA0.E ®oPam .dpoll K W98T 11 rILECK rau f v ~ Q1 ~ E k 1 i rr X01 xntr~r ro O F e O 1~J d ~ ~l J ! I~ t P rnrr l tWaNo ATTAMENT Sr. wl~ 1r _ _6 _ - 4461 st 'o T._ ' lEaaAllO y ~ ~ j ! S.. .««~__.~-c~:~•%%q7.:.=:,.:.- rim r'.~, frv %a S -ryw 7 • ~ t l1L AS 1 solp cr.)' A' ~ of J . • Z Oaa 1 I%NE trt 'fpAMf E V W s~m~b~[L~ 1 0 4 } '1 ~ ;4~ 1 711 • sr.utN ~ a[~s 1 t P.ER OFA,14 7 i a , ~ kµ..1 $ S j QQ Q At ~t73G? 7 zi . ,ems i 1 4XI 3d` 1 t{!i "1 n.•' J91 +Vrv SO', 0 ~Evyr l 41 r hl \ Q bACMU i 1 I ~r wpm Ageneaft S ~L~-- U"' r ATTACHMENT 3 Date Minutes PiZ Commission August 101 1994, 88$ 2~~ Page 3 III. Hold a public hearing and consider a variance to Section ii { 34-114 (17) of the Subdivision and Land Development { Regulations regarding sidewalks. The site is located on the southeast corner of Fannin and Welch Streets. Staff report given by David Salmons William and Mary Lou Collins are the owners of Lot 3A, Block 4, of the Wattam Addition. They requested a variance of Section 34-114, Article 17, concerning sidewalks. I should make a note at this time that this will also be a variance of Article 34-7C. This has to do with when a variance can be applied for. Concerning 34-7C, variances may only be request- ed during the preliminary plat stage of development according to current regulations. This particular plat was actually filed in 1989. Sidewalks were required during that platting process. The applicant at the time did submit engineering plane for the sidewalks. f $v®rything was in compliance at that time. article 17, concerning sidewalks, requires sidewalks be constructed across the frontage of all lots being platted, there are some exceptions to that in the ordinance. None of which applied at the time this property was originally platted. Since that 'I time, we have added an exception to the sidewalk rule that saif you are replotting a piece of property, and it is a 841s. family residential subdivision, and sidewalks were not required during this original platting, side walks won't bo required on the replat. In 1989 when this property was platted, Lot 3 was a relatively j large lot with 3 single family structures. One is toward the rear, and two are up front towards Fannin St. Because of l ownership, the owners at the time decided to replat the lot into three separate lots so there would be one house on each lot. At the tine, the owners of corner lot intended to tear down the existing house and build a new one. This didn't happen and the property has remained the way it always has been until now. The current owners have had the old house torn down and are in the process of building P new house. When the builder ceme in to get a permit, the builder was told that there was a sidewalk requirement from when the property was platted in 1989. He did his contracts and he was going to build the sidewalks. When he got out there, he realized that there is a very tall embankment on Fannin St. with two 15 inch trees at 3 K NOF I ~.LYYIt ~gendaNo 9~ d2 Age~daH S F ,11 Date Minutes r I P&Z Commission 5 August 100 1994 Page 4 t the top of the bank. It is not that a sidewalks couldn't be physically put on Fannin St., but in order to build it, he would have to cut into that bank and build a two foot high j retaining wall. Because of the proximity of where the { retaining wall would in relation to the trees, we would probably have major root damage. Those are two relatively nice looking trees providing quite a bit of shade. The reason we are applying for a variance at this late date is that the owner and contractor wish to save the trees. Those are the only trees in the front yard. one other option considered, but not for very long, was doing a completely new replat, but the expense of the replatting procedure would be very timelp and costly than a variance j issue. We feel the variance is a better way to go. In accordance of 34-7 of the coda of ordinances, the commis- sion may recommend to the City Council that a variance be granted if all of the following criteria have been met. 1. That there would be no violation of any of the city master plans. 2. That the request be based on a topographic feature or shape of the property. 3. That it there is a particular condition, that it was not j caused by the owner of the property. Concerning the first variance and the timing of this variance, it is pretty hard to tie that one to a physical feature of the property. I don't really know how to address the three criteria on it, except how everything has transpired and the fact that the plat was done when we weren't as concerned with trees as we are now. We would ask th4t you consider that variance favorably. on the sidewalk variance, we also recommend approval because we don't feel there would be any violation of any master plans E by deleting the sidewalk on Fannin St. We also agree with the ovners and the builder that if we had to build q 2 foot higqh retaining wall on the right of way on Fannin St., that it probably would damage the trees and cause them to die at a later date. The builder has agreed to build the sidewalk on Welch, I think he might already be in the process of that. He has applied for a variance to delete the sidewalk on Fannin St. Staff feels that we are getting a sidewalk in on area where we need sidewalks, close to the univarsity. We feel that the chance of having to remove or possibly damaging the r i T-- f `"l 4pe~aNO..91*0V r Agenda! S ~E Da►e ; Minutes O Piz Commission August 10, 1994 ti Page 5 { trees on Fannin St, would not be worth having the sidewalk on Fannin being that it is a little bit lesser street than Welch. The fact that the embankment is there, and the trees happen to be there, is certainly not by any act of the owners. we recommend you grant both variances. t Mrs. Russells Any questions for Mr. Salmon? j Mrs. Flemminqi Do other sidewalks connect to the proposed sidewalks? Mr. Salsono No, there would be no physical connection to any other sidewalk. Dr. Huey: Is all of the space shown Lot 3A? It lookv like it is two or three lots. Hr. Salmons The original Lot 3 actually goes off of the page. In 1989, Lot: 3 was divided into three lots (3k, 39, and 3C) . Dr. Hueys This petition concerns Lot 3A? Hr. Salmoni our ordinance is such that even if the property owner only ourns 3A, Lot 3 had to be subdivided in order to do that, sidewalks are required on all property platted. In t order to build this house, the ordinance would require them to butIO a sidewalk along the whole frontage of the original lot 3._ They are askinq for a variance of the sidewalk because of the trees and the high bank. The aru going to build the sidewalk aionq welch 8'c. from Fannin all they way across the depth of Lot 3. Dre Hueys Are we considering a variance for lots these people do not own? NI Mgrs Belmont Correct, we are looking at a variance on the { Fannin St, frontage of Lot 3A that they own and 38 that they do not own. Dr. Hueye Could the other owners have not joined in this petition? Mr. Salswns No, 1>rscause of the way this property was replatt- ed, the original. owners are responsible for all of the sidewalks. The people !rho own this lot, were actually the catalysts for thitt whole replat. They are required to do the sidewalk for the irhole subdivision, unless by private agree- , i Cr~•{,mss.".,,,,, t ~perieQNo. 9~/-0~ Agendaft 05 kzf 01te Minutes PiZ Cossission August 10, 1994 Page 6 sent, they can get neighbors to join in. Dr. Husyt Does this house face Fannin? Mr. Saloons I believe it does face Fannin. Dr. nuoys Is there a sidewalk across the street on Fannin? Mr. Salmons No, there is a plat that was done several years ago across the street for a sorority house. when they build, thoy will have to do sidewalks. There will be some other They won't link eventually in the with some be other ther e sidewalks. Mrs. Russells Any other questions? f Bob erovnei I live at 1121 Sandestin, Denton, Tx. I have a picture taken from the corner of Welch and Fannin. We have k built a now house ready for occupancy one week from today. It s _ faces Fannin. The two treos, I feel definitely will need to coma out it we put in a sidewalks. on the sidewalk along Welch St., we put In a handicap ramp on the corner. We ran the sidewalk down Welch et. In front of the neighbors house. It is about 80% finished. Further down Fannin, the houses get progressively closer to the street. It is very unlikely that there will ever be a useable sidewalk in that area. Mrs. Russells Any questions for the petitioner? Is there anyone to speak in favor of the petition? Is there anyone to speak in opposition? Public hearing is closed. Mr. Saloons We did notify 7 propoty owners. We have received no responses. We are considering two variances, the procedure itself, and the sidewalk on Fanning, We recommend that both be considered favorably. . Mrs. Russells Are there any comments, di.:-nu.sion, or a notion? Mr. Nortons I an confused on how to word the motion. I move that the commission approve the variance to both Reaction 34- 1140 Article 7 and Suotion 34, Article 7. Dr, Hueys I second. III Kra. Russells All in favor? opposed? Notion carries (5-0). The variance is granted. a f l M CITY COVNCI L.`V i y j w? r t ~ - r~' ~ a ~ri~ , . ~3 X", r f 5. r G• } r r V t MlwMwwr ~.~r Y•hi r,-r1ww~~ RC ITY= COUNCI M r r t 'M ii ll~ ry 1 Y ~s 1 3 r DATE: August 16, 1994 i r IiQaAddi REPO I - /tr 7S 10: Mayor and Member of the Denton City Council PROM: Lloyd V. Harrell, City Manager SUBJECT: SUBDIVISION AND LAND DEVELOPMENT REGULATIONS AMENDMENT RE99 MENLATION: P&Z recommended approval (6-0) on June 22, 1994. i A companion fee structure was recommended for approval by the Commission on January 13, 1993. The ordinance affecting the new fee structure is a later item on your agenda. S~.Y The draft subdivision and land development ordinance amendments (Attachment 5) can broadly be described in three categories as follows: 1. Streamlining,, The draft ordinance streamlines the development review process, for example, by enabling the Planning and Zoning Commission the final author- ity to decide most plats. Staff is enabled to ` approve, but not deny minor plats. 2. Updating. The draft ordinance adopts numerous provisions of the State law not now addressed or incorrectly stated in the existing ordinance. ft 3. Standard changes The draft ordinance allows side- walks to be completed with building and decreases ; the local street intersection separation standard at a subdivision's first intersection from 100 feet to 100 feet. More detailed summaries are: attachments 1 and 2. BACKGROUND: f fit{ January 25, 1989 Executive staff discusses, regu latory streamlining and platting t process. i, July 180 1989 Staff briefs Planning and Zoning on the platting process and new enabling legislation. I i z --r P 1 ~i Y 4PWSNa. ij P&Z Report A~8II~8f1 i August 16, 1994 We t Page 2 73 August to November, 1989 Development review committee re- views "platting process" amend- ments. : October 23, 1989 Staff briefs Council concerning i the plat process re-write, and eliminating Council approval. January 12, 1990 Development Review Committee re- views "process section" re-write. May 16, 1990 Briefing made to Government Af- tt fairs Committee of the Chamber of Commerce. June 27, 1990 Planning and Zoning discusses "process section re-write." August 8, 1990 Planning and Zoning agrees to the formation of an ad hoc committee of staff and development inter- ests. September 6, 1990 to January 10, 1991 Six committee meetings. Recommen- dations made. : February 13, 1991 P&Z discusses and agrees t4 conceptual amendments. February 19, 1991 Council discu3sion and agreement with conceptual amendments. December 10, 1991 Planning Director submits draft ordinance to city 'attorneyls of i s fice. March 5, 1992 Council asks questions concerning platting process in context of E Goldfield plat. ; October 20, 1992 council requests a briefing on the plat process. November 3, 1992 Council briefing on conceptual amendments reviewed by Council in February, 1991. y` November 11, 1992 Briefing to P&Z of same report to Council of November 31 1992. January 13, 1993 P&Z approves fees after public hearing. ; nZ. 1.lrMY~ I ~~~,~yyyy~ , . a :i ..i.... ~ 4QAlIdBNo P&Z Report aS August 16, 1994 Qdld~ s- Page 3 ,3 73 April 27, 1994 P&Z work session concerning draft ordinance. June 8, 1994 P&Z work session concerning draft ordinance. i July 12, 1994 Council work session. Pg:~~ OR GROUPS~FFECTS 3 Development interests, DRC, P&Z and Council. FISCAL IKPAUS i None. Respectfully submitted, i . Harrell, Ci Manager NL eydlt L ' Prepared bys rank obi , AICP 8xecgtive 'Dire tor of E Plannbig 'and 04Veiopment jj h I ..If 4." ATT&MENTS t 1. Types of Plats. 2. Summary of amendments. 3. other cities' comparison. 4. PZ minutes. n 5. Draft Ordinr,nce. 4 O 1 4~end~No~ r P&Z Report 4ge~d3lt . August 16, 1994 DOW r y Page 3 9473 April 27, 1994 P&Z work session concerning draft ordinance. June 6, 1994 P&Z work session concerning draft ordinance. July 12, 1994 Council work session. 6 1 PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Development interests, DRC, P&Z and Council. FISCAL MPACTt ' None. Respectfully submitted, C L goyd. Harrell, Ci Manager Prepared by: I o bi AICP a ! r nk . :`k; . 1. S:fe;CUtiv6 DiYe for of ~ Planninq acid Development ; fig: , t 1. Types of Plats. 7. Summary of amendments. } 3. Othar cities' comparison. t`a,,_ 4. M minutes. 5. Draft Ordinance. . i 1 Ai =%I . t" Ap*W AOeadalt S AITACHMxT 1 (ate °~73 rY Of PLATO RMS NOW CONeIDERaD by PROPOSED OONSIDBRED Minor fats by Not in ordi~~ancs r (►'~jor) Preliminary Council Statt „Q1„ats Piz Ma or final Dlat Piz , Pi! Major) P),at, less Combined t as live acres, no siha Combined Infrastructure preli nd a final. Pit f preliminary and "ResidentialM inal. piz f Council Re fat Piz Other Re lets Council or Piz Anendiny plats p Not in ordinance. r" Yacatin o! Plats Not in ordinance. Piz Develo sent Plats Not in ordinance. ---,P&2 Conve ance Plants Not in ordinance. P,i z i 11 I '~..Y 1 f 1 r l 1. ^"+R. I 1 < Able r e_ 4 uer~ ATTACHWNT 1 11 Jum 64 ApbNo SUBDIVISION AND LAND DEVELOPMENT ORDINANCE AMENDMENTS SUMMARY ~ SfJa WHAT Is PROPOM flAWWAt[ 1. iAlnot Ptrfrrdrwy and Flml Pleb. No vaAanoa. Dadston by P62. Staff approval. PAZ to deny. 6tsM may not dory of approve 1"I 6tab lavr. Efrrdneta tsdurdomy. low Of Aces Act W"4910e with 10a due 1.WO verfanaa. PAZ d routed stall to rport to PAZ ON apprawd Btw tkrw ADT and no Wfty or road extanlom. not P • 1. C." of two fYNy roploto wM pubic MwWW. Dadaion by Ccumd. PAZ EMmirrta rodradonoY. haw Mw. S, 04*d RW Onto.. DocWon by Counof. PAZ F&Wnsts rodurrder". Sava 6". 4. prl*d holm rwy Plata. Dadabn by Counco. PAZ n law dmo. a: Varlarsas. Decision by Cound. PAZ EArrdn"twurder". Be" tt. Vw%r" to "krmrta to bold pie Deddon by Counof. Cound. ExaMbn vrir+a ahsds ardod• An dtaodon vartaMa met kf"d City ImptoverMnb. bid".' o. Vrlama oppeosdon tkrdno• YVldf Pm"r v OWL Wth any plat PedbSlty. S. ash" Oavolopmont Flom WWII. Dadsion by PAZ PAZ No change. -tum T. Devalopvwt on a dodo trod wbdlvldod p" "rod to plst Dsddon Plowk not rogrd%t• Equky end falmsa. kdrastnr. M pow. tb January 1. 1100 *Wore Dorton had by PAZ or Cound. (A wbdlvtslon npdatb W rd no street or rAlo } krprevemsnt sxumbna msded. S. Skipia farriy r &00 dat+iapownt on a sings "red to plat Oscidon RowM to plat No hntbsr 40000m. DawloprmM mmedom o* to meet nod tract rtdr d" % utmem. tat dmwpa in by PAL @&WO ad. Enforssment sodon. pfew• 9. A&K&M or alt W, a to on aAift buW& Rgdrd to Plot Piawng rat mquked. Dovdopnwt exaodxa orty to runt mod. no drakrpa. aWot, utpty. oddttload PW o Decides by PAL Property fnrr are known A arr. or **A Access cMrpw modod. 10. DevdaprmA pbb• No Pte on Provision added. Approved by PAL Prods rastn+oWnmprovlalon ►daJotwMb fF to eobrsl dewMpntoit. M ETJ dawlobmsnt mint plot, krplmraa of creator p4M r, lT a r 1 t "Aikro or dglr wo" ki the MnterrhM Not addnued in GvabpnNnt OW roadrsd. Mnat dovalop+rrt plat by DRC, New ataea Mabfrp ktptstadon kwna "atom ofdnN fahMrprrrra. ' ja0adl0doh, an a dedes4sd road, m udity , "atom wow". ftKd" and otlnra by PAL y •aodamioin nss.aary. tookw. ' y Decides by Pii a t Z CounoS. Trade over 6 t t caw. M ptst6rq, by lr' t f , stow law a a 11. &**A a% tM daMiapmra. binds sky Whe KA*v and axaadsna Cawsyeras Plat. No aaaclkra. klarmadorw rat" on dM plat Dsvobpiwt sot yet oearfirrS ar~adorr - a f OW, land ids. t.ot sire betweaa S and tsaWnd. Osdabn by about to*kwnonb far find plat and powbts sxaodorw. not nooaiwY. Cawiye find p4trnd t ,f S JI ooiea. PAZ a Counol. 6isrrnaden b Wyri AAAt10i60f1' r, e I.i ~w 6(m poi ra r SUBDIVISION AND LAND DEVELOPMENT ORDINANCE AMENDMENTS SUMMARY jW* ® MrlaWUr I e >3WmT is no denwW for kdrsetruot rro. No twldIM ti. s~b4vtalat. 60 d*v04m&K Ind 6810. Paod "rq f,4tkv not w0od• w tot Irm not rwoMNry• ►ary (401 MGM ~ 40 a trwn so". r"And. from mpotlation b0twsan d@Ysk* a wd . PAZ or Cal, Tfi0. In 1I05. Cow WW AM 98W. Ptetdng not raw. 14. Yates Iwd 06d401cm by C&A WO&W". No aldrasd. a0rrtwtn. tad ddiadom. Qlrl WhllIIfi 1 i. *A* Ad" to an out a vMa . toga trot find pW on trod WV We of IapOr trecB 39.1 to !O ears, k ne devdopn»M l+rd IkThe e to storL d~fnM WdM r o+ i by om. W" 6utrstwdtodal } U&7don out art. aamrd sal: daenr. or Cky. Devoloprmrk Plan tODM • GDP nqulad on lwgo ant. on taps t WL . Conwyena pIL If but we is vt Ised ft" 1516"" In da. . l-Im( plat, M'an out' M (886 dAn 11a (5) 6x68. It Davoloprmwtt on.an oU4l GOnwal Dnnlo"m "am on brew trot ; . Find plat on'art W ft e 01 WW trao1: 40 4 born. N no 41091 rn'rn: knptarw o %m-ran" plw0 top 1n Pdvao marl og not apdnrd 6aa0w. 'out-0vt•~ A If d0valopmm* on GDP woo tract And pIt on *CIA 0110 Cam*hetwtv0 kdrntnwaee Wow sta of logo tract: I IA Act" or Na. Pre"n ry plat on 6ndyda ad loop nrg6 plarsrq. lager treat. Find pfd M &v**mwd or conv%Wm OK It no dOVOIpn*IL l.ooadm of eldawdk8 added. Rater Iona tape Owv*v. ! 1 R. G6twrt4 Owdopnint Plan dew r0quind. Add smses dolt' traft end stomv "m ntnoM &u. Could tie pm%WW by #Wf. • Not rmrrderwd N Allow ar eatad in eau arLWq barb. Catd6fenoY tt'W+ 6m1Mn016wt. 17, a Aftu'Idng 1416 to 60tnot anon. DRC to as ttlmr plot PAZ to dory. Follow SWIw. fAg Oda. W (41 at bwer low. NNo~p~ro1vt~don In Cky ePp PA2 Follow aim low. i a 6. Ani Hind Meta, *A to at mom lots. ►8No Ko"m 0 b city ; g.• r . o _ t r, .tyre it r ~ . ,e,4 rnw:m........... i.. 026 . ; qu SUBDIVISION AND LAND DEVELOPMENT ORDINANCE AMENDMENTS SUMMARY Ap" l E Do r (!0 ~31NMT R PROPO$PD~3WIMT K PROPOND W1T10NAl! I N. 'Reddandd' replot tad". To dt lots w'Ndn Notbo to tvt owners wto aro whin two bu fired 42001 fast and corwbtenoy arm sub loves. aubdvldon, wiasa insure wWn wbdiv(sbn bakq to0atud, add 20% sub and super- dtan one hundred (10M t w*ky vote ro*" N varlatee ragwstrrQ. " lots, than natty to have luwrd t600t foot tadlw. 1$. pt"a brotavenwnt $uararnues. Mgdred before buMdkt$ Repdrs Won buM ne an Wn. Am&" to WUOWrftwW JuAModen is lesued. pkft wtrM bn"mf penths w net Rama lopAd. 20. a. Veea(np of plate. No provlslem Provl"w added. Approved by P" Aoowdbp wren slats low. b. GotiwtamM W SAW vaeadon 21. bdaresnent Ovou$h Why oarnpniea wtw tie proswon. provtdon added. Aeo*Wbv to state kw. o would envy Ne$d m"%ulons. vWdaa rneY { Hot W" Need ft"vtetom or wnptatted i?. Show on tha find plot tWOW Mow elevadaw No prov4ton. Added. May be rsq*W by anothar prv*W,et the for bcd" In or hear 100 year flood pWn w mpAaBonw• where Sooft nw+ occur. 23. Payrnent bond aecrow nay be used to of oast In 160.000 of 0 cost Is 26,00 or lase. Stau low. pmaMw bnprovannnts. lase. 21. PnASs knproverrwnt plarenteek pertoenwm a. 64parste types of a. Ebrirwdonn of separate rndrduance bond. warterdy to Wow, no east. CondsuM ash" edw bonds, and escrow. bards raqukad" performance bards. Ohl" and eau low. b. Uvow dkwed it bas b. Ewow N !sa than 1100,000. P- lien 160.000. lS. lknda tansy ftstdsnded plot'kMAor' R"Arad bs be but if bas than 126.000 cont. oeaow, build wMt hones, but a$ Ava(dr bramift up wdki Were boutws "I ddeweiks. bekea Imsas bunt. have to be but wWn Uww y..rs. drMweya but. s 2n1 'InIM,' sknda r4oft stns toot ndevdopwrand. city rec omme for M aub"d before, 1$00, pletft not to*", Chy Rarofy used oftl" , uft ka psAoy atryau **AV. responeW for any kdreotnwbm ~r prbpo"d under WParab ardlrlalwR utNdsa. - '97, toed slna kturspolisu spasb+Q on least 20 fee 100 foot nn brat kwsrseo" 200 feet 0WOWNw. Comm ne d"10%. tjjjjjW of west!. `t" AAAO NNOrs t, r 1 qy O26 SUBDIVISION AND LAND DEVELOPMENT ORDINANCE AMENDMENTS SUMMARY { onM T 71WHAT a PROP06~ RATY KMA it, `lloddu W rsptd nod". To e! lots whHa "a to lot owners oft we wfddn two hundred 12M Im end consm" wm stats lows *"AiA n, Wow non wMn @;Mvlslon being roplatted, add 20% Mo and oupsr dwn one hndfd 110% m*dty You rowked N vakm nquered. fatndrad 1600} foot eE. Ion, thm node to Rvo radFa. It. PA& krprom IN t puarento". ftequked baton b "ng Roquin before busdkt0 Done bola. Appbabto to uvntotdwew+l J nfadloAon W Mwwd. W +s wMn bWdtq pemip ON fat Wood. y 20. a. veae tq of Phu. me PrWA" , F"Aslons addl. Approval by P&L Aooerft whh stob taw. b. Govammat kdddod vaeadom it. Etdotownaltt *m* unity oenpriss who No prW"% Proddon eddd. AoooArtq to atrab law. would ssm X"d.ubdMrm,.. Undo may ` , f not pone coed eubdlvtdone er anpt.ttod At show on tM flrtd plat }ftJefted floor aimdate No pravw. Addd. May be w0ved by another pro,"M of da (of bk"flpa in or new 100 yw flood pfdn or rptdsdo". J whore flooft may Decor. ' 12., PvW am bond wmw mtty be ued to M cost M 160.000 of M "ot Is 14.000 or Mao. State low. pwYwa bpnvwr ants. lose. 24. Atbk brommo m w aanun, pWoman" a. sows" typos of S. an instlon Of saparea ntaintnarta bond. wononty to $1 00, no cost Cotwtem irm sow bonds, and escrow. bonds regukd. perfortrance bonds. aftles and stets law. b. Escrow Aowed if boa b. Eoamw N Mss Men 1100.000. . ti'.~ Men 160.000, ii9 tlktota to* re"sndd pWt %"w PAW*d w be bull N Me Om 126.000 ooa1, escrow, bind wkh howe, but e6 Avoldr brnkkto vp WAS befam hovt w ofd 1 = allowasu. bdon fauna buk hm to be bulb whNa aeon yen. dd"Weys built, 26. 'btfi,' ebtoW fnnly, ektde tr" rsbvslopnwnt. City nepc -M for N obditddd before 1060, pladn not regrind. My Rwsty used "A Am. u ft kdt6 Po" droeb, drains,". responew fa any Yrhetructwo krpnvMrwrft. prapaed undr aepalsea oMnanoa. ' r utid". 17, 4oaaf anent ttttenaedot' *&Atj on local 200 feet 100 foot at W intanodon. 200 fort darehu. C016" &4% ea traf .ogedfy or r,~ etraate.. Msiypngblrtt. r,. .y. i r ~ r+ y 1 { 1 ATTACHMENT 3 OTHER CITIES COMPAIRISON t Who Approves a Who Approves Average Gen, Devt, Ninor Plat Preliminary a Final Platting Conveyance Plan or Approvel C t Plat Plat lime Plat _ Land Study by atilt q Carrollton P i i P i i 30 days NO No, preliminary No# but in the +i Plat instead works Richardson N/A P i s 21 days No No Plano P i f P i f 30 days yes yes Yea + Levleville P i f P i f 35 days No Ilop preliminary No, but in the 1 plat instead works ' NoltIaney cc cc 42 days so No lw ftf Dallas P 4S days No NO No, but in the vorke i unbrook P a 1 Administra- 42 days No No, preliminary Yes lively it plat instead clean Garland P i f P i a 30 days No Ho, Preliminary No i plat instead a Farmers !ranch P i f CC 45 days No Yea No r Grapevine cc CC 60 days No Yes No, but in the works AmIson P i I CC s'S days No No No (j~ yr: ~r to it Nortb P i f Administra- 35 days No loop It over ' Yes tively, bith I look P i f chili 4 r Arlin4loa' CC Adminlstra- 39 days no No Yes tively e 19l 3e I , rr 17 1 , t f 0.:'i h.r•.' ~ owl ` ATTACHMENT 4 E~19 -1 ..Q Minutes q PiZ Commission April 270 1994 Page 7 I r V. Consider the acquisition of property at 2407, 2411 and 2415 Stella, Lots 3, 4, and 5, Owsley Park Addition for use as a park. STAFF REPORTS Given by Mickey Ohland. f Mr. Ohland said the Owsley Coalition was formed several years ago to address community issues in the Owsley k neighborhood. one of the concerns has been the need for u { neighborhood park within walking distance. At the current time, low income families make up a large portion of the neighborhood tenant base which increases the ix+portance.for the need for recreational space. Three vacant lots owned by a Mr. Caldwell, located within the Owsley Park Addition have been identified as excellent opportunity to provide the surrounding community with a neighborhood park. The three lots are located at 24070 2411, and 2415 Stella Street. The total combined size of the three lots is .516S acres. The City of Denton is currently leasing the property from Mr. r Caldwell for use as an open space park which is being used for the Parks and Recreation Departments Summer Food Service Program. The acquisition will allow the City to develop the property into a neighborhood park. The initial park development would have a playground, park benches, landscaping, and trash receptacles. CDBG funding has already boon approved for the park. Mr. Cochran asked if anything had ever been on the lots. Mr. Ohland said no, the lots have been vacant: Dr. Huey asked what was being asked of the commission. Mr. Ohland said the commission was being asked to make a recormendation to the City Council. z .1. . Mr. Cochran saiA it was a great thing for the community to invest in. Dr, Huey made the motion to recommend approval of the III acquisition of property at 24070 2411 and 2415 Steil Lots 31 41 and S. Owsley Park Addition for use as a pa! Mr. Norton seconded and the motion carried unanimously -o). VL Work Session. Discuss the draft subdivision process ordinance and T 71 Agenda No AgeMall y Minutes Qdie l PiZ Commission April 27, 1994 Page 8 1 j give staff direction. STAFF REPORT: Given by Frank Robbins. Mr. Robbins explained the rewrite process began in 1990. The draft ordinance shows regulatory streamlining and additions that are consistent with state enabling law dealing with the plat process. He explained that staff would be going over the draft ordinance in work sessions with the commission until the commission directs staff to put a public hear1j;g on the agenda. Mr. Robbins began going f over the summary of the major changes. There was some concern over the change that showed staff approval only for preliminary and final plats where there are four or less lots, no variances, and no utility or road extensions. Mr. Engelbrecht asked it there would be any provision for staff to notify the commission and the council of staff action. Mr. Robbins said no, there would not be any provisions for notifications. Mr. Cochran said he felt there should be some type of notification to the commission and the council concerning staff action. The notifications could be a single page added the packets. Several item were discussed and it was decided to continua ! at another meeting. Viii VIII Director*z Report and Future Agenda Items. ; Mr. Robbins said the meeting on May 11, 1998 would have five or six development cases and the CIP hearing. The meeting adjourned at 8:00 p.m. ~ s I i nxr , c~ rte. Ap,lndalf ~ Minutes 1)4 73 Pia Commission June e, 1994 Page 10 l designee to proceed with each item in accordance with the staff recommendations i . r a. Consider the final plat of the Northwood Addition, hots 1 through' Be Block A. The 2.805 acre site is located on the southeast corner of old North Road and Windsor. b. Consider the preliminary plat of Lots 2 and x, block to Denton County Municipal Project. The 17.9335 acre tract is located on Ruddell Street south of lust Hickory Street. I i Dr. Huey: I move adoption of the consent agenda. Mrs Nortont I second. Mr. Engelbrecht: Motion carries unanimously (6-o). Mrs Cochran: What is planned on Hickory St. and Rudde117 Ms. Goodwint You will be seeing a rezoning request at your next meeting, they are proposing a county vehicle maintenance facility. Mrs Engelbrechtt We will pause until 6:30. 7V, Work Session. Discuss the draft platting process ordinance and give staff direction. Mr. Robbins: The proposed draft ordinance will be slightly amended between now and the public heailnq. The changes 01 pertain to 2 basic areas. First, to be in accordance with the state law. The other major area is streamlining. That mostly j has to do with who approves different types of ,)late. we will review the types of plats we have now in the ordinance and who would approve those. Minor Platst 4 lots or less, less than 5,000 ADP. It is not in the state law, so we are a little bit more strict. We feel like for that type of subdivision, it probably sPould be done I in public rather than by the staff. The state lay enables staff to approve plats. Those are not addressed in the ordinance now and those would zw approved by staff in actor- t I~ wv f 1 Agen4~No S 0Q AWO Date k~ a-94' . Minutes 124 73 Pit Commission June 9, 1994 Page 11 j dance with state law. Dr. Hueye If staff does not feel they could approve, then it would be referted to the planning and zoning commission? Mr. Robbins: Yes. The staff cannot deny a plat. It can approve the plat if it is in accordance with the regulations. Mr. Cochrunt When there is staff approval in the new proposed system, will there be a method of informing the chairman of the planning and zoning connitsion when this is taking place? Mf. Robbins: That is not in the draft ordinance. Mr. Cochrane I would like to propose we put something like that in the draft ordinance. The commission should be in- loaned, we are losing some notification. I feel like the more people who know about something like that, the better the f community would be served. I do not feel like notification E should be a burden on the staff. It is something that would be a prudent for us to be aware of. Dr. Husyt I just question anything that' requires more paperwork. This is a nondiscretionary action on the part of the staff. it it meets the requirements of the law, they have to do it. If they can't agree, Et automatically comes to us. Mr. Cochrant I agree that savinq paper is a goal, but there i will be a lot less paper generated by a more letter of f r information on each, plat that goes through. I feel like as a ? commissioner, I would like to know what is going on with the planning department. This is an area that we have some responsibility to. If the staff is given that power, and I think they should, asking then to have another level of accountability to not going to burden them in anyway. Mr. Engelbrecht: I have found errors and I know other commissioners have found errors in the past on plats. I don't know how valuable the notification is without the large document to view. i E Mr. Cochran: I an not advocating that we go to that much f trouble. I am advocating that we do this as a courtesy. 1 t Mr. Morton: h courtesy to who? Mr. Cochran: To the members of the commission. I can see I ~ I 1 I I f_d Rif ~o~ ,gendaNo gsnda4t - We minutes l30~ 73 } pAZ Commission June 8, 1994 page is w that there are some questions about the decisions we make. This commission is all about dealing with differences in opinion and how tha laws are to be interpreted. Mr. Robbinse There may be a couple of issues that you are talking about. one is in the ordinance, requiring some type of notification. The records of what has been done are ` available for anyone to sae at anytime. elbrechtt Mould this not be included in your quarterly report? Don't you give out the number of preliminary and final plats that were processed? Could you break it down to 1 those approved by staff. i Mr. Robbinet Yes: Mr. Cochrane Basically what we don't want is a bunch of "bums" in the office making arbitrary decisions. I feel like some level of awareness is not going to burden them. having it eases like a prudent thing to me that if we are giving up I an essential power, we should make sure there are some safe- guards so there is no abuse. Mr. Robbins% It is the Development Review Cmmi te, Frank is t just one vote on the DRC. There are 8 people tee Mr. Engelbrechte It they are reporting it quarterly, they o!n E sent the report. pr; Mr, Cochrane At least that way, people could detect a trend. 3 Mr. Engelbrechtt Fron that prospective a garterland rethrt is will do that better., it will show last quarter quarter. Mr. Cochrane It uill only show numbers, it's not going to show who they went to. Me. Flemainga Could it be presented in the same fashion as i the consent agenda. t ` Mr. Robbinse No, the Development Review Committee I have a consent agenda. Technically its not possible, a consent agenda you have the opportunity to pull it off consent to discuss, but your right, it is essentially the same i type of thing. t3 ; I! Y k NMI i Agenda No.~~ r~ ~ 4gendaN late 91/ Minutes 73 PiZ Commission June Be 1991 Page 13 Mr. Engelbrechts The commissioners are free to simply ask Mr. Robbins at any and all meetings if they approved any minor plats during the last two weeks. Mr. Robbinss Today all preliminary plats are approved by the council and the planning and zoning commission would be the approving authority. The planning and zoning commission ap- proves major final plats now, and would continue to approve those. A major plat, less than five acres, on which there is vo infrastructure, you call combine the preliminary and final plat. The planning and zoning oommission approves that, that has not changed. Mr, Engelbrecht: Would it have to be greater than 5,000 trips? Mr. ;tobbines if it has more than 51000 trips, that does not quality as a minor plat. Mr. Sucaks Any of these things where there is a variance to the development exactions, it would still go to council. Mr. Robbins: A minor plat with a variance has to go through goeall thanvaynioocou~noil. Itidepends in the type of varia anee, i Mr. Cochran: Can you give at an example of a development that it close to the 5,000 average daily trip rats? i Mr. Robbins: Y could get it for you, but :'t is in the office. A local street handles maximum 5,000 AM. That is a lot of f cars. An average number is 60 trips per 1,000 square feet of i commercial or retail. Residential replate: The lots have already, been platted. it has been toned oi- dead restricted in the last 5 yP.rs to 1 to 1 family. They are essentially adding the number of lots in that lat. By state law, that has to have a public hearing plat. before you can app rove that. All replats now go to the council. The staff can't hold public hearings', so it goes to the planning and toning commission. The only change is now council and planning and zoning gets it. Other types of repl- i pla and Dyscounail~ allowi11 bendone bydplanning andszoning. be done , Amending plats: They are in th4 state law, but not in our r. . a ` apenda~o. ~ Minutes ~tgendalt P&Z Commission Dee-n ( June 6, 1994 /SOX ~j Page 14 ordinance. The planning and zoning commission would be the approval authority. Vacation of platas hn instrument comes in, that document just makes the plat go away. our ordinance doesn't address it, so we ltsed the state law and essentially it says you will follow a certain section of the local government code. Development Plates Not in our ordinance now, and tha planning and toning commission would be the approving authority. Conveyance Flats: These types of plats are not 1peoifically 1 enabled by name in the state enabling legislation, but the enabling legislation allows us to create this. The planning and zoning commission would be the approving authority. Essentially a conveyance plat enables the conveyance of land, sale, or subdivision of land. This can occur without public improvements literally being built before the occurance of subdivision and sale transaction. it lays out what the public improvements would be for each lot. This enables the company that has big chunks of land to break it up and sell It with a conveyance plat and not have to build the infrastructure. He has to show on the conveyance plat what the infrastructure would be. When someone develops a piece of the conveyance plat, then they build the infrastructure in before development could occur. Mr. 4uceks h developer who is going to develop it, comes in with the preliminary plat and starts the process at that point. Its the kind of a deal where there are speculators coming in tying up the system. Dr. Husys Explain exactions. Mr. Robbinst Exactions include public improvements that are needed to support that development. Regulations in respect to variances. Today the decision is f - by the city council and then the planning and zoning commis- f sion would approve it. The reason for that is it eliminates redundancy and saves time. Today variances to requirements to build public improvements are decided by the council. The proposal would be that the council would also have to approve variances of that type. It is a variance that requests that I not have to build sidewalks, streets, or build it to city i speoificationu. When we did the plat determination for Hawk Valley, we talked about the standards for the streets. They ~S M,. s~ Venda No.. ~I_~.26 4flr,ndail Minutes Oate.,.TaW p&Z une 6, on 1994 J i Page 15 4 proposed a variance to the city's regulations to build the street, at county standards rather than city standards. That would still go to the council. y ! Subdivisions Procedures: Am written odairt theiprcposaln only the. be submitted vi.th a preliminary plat. I could be submitted at anytime. Mr Engelbrechts with regard to preliminary and final plats, Soint submission, vhy bother with the preliminary? why not just have final? Doesn't the' developer have to submit the drawings for both the preliminary and the final? Mr. Robbins: Yes. There is different information shown on both. Mr. Engelbrechtt What is different? Mr. Robbins! Topography for instance, is on the preliminary, curb cut locations, etc. If we said one plat, we would have to add some of the information that is on the preliminary and have them show it on the final. Mr. Englebrecht: In the state enabling legislation, it says the municipality may delegate the ability to approve a minor plat to an employee of the municipality. Mr. Sucekt My understanding is that the minor plat will be signed by the chairman of the Development Review Committee. Mr. Engelbrechts Dees the ordinance designate the individual? ' Mr. Suceks It certainly wouldn't hurt to state who is going to sign the minor plat. ~ ~ Mr, Robbinat it doesn't say you can't designate it to a group of other people either. Mr. Engelbrechtt Do we need to actually designate an individ- ual? Mr. Bucekt Generally the city manager designates who the chairman of the Development Review Committee will be. Mr. Robbinst If you are going to have a DRC, I think you 1 ought to have somebody who is on DRC signing minor plats. ■ NMI ac 9y-o 1 - Minutes mapp Piz commission Date 9y June Op 6 1994 ~70d 77 Page 1 1 I Mrs Cochrans Is there a definition for minor plats under the state ordinance or is that left up to the municipality? Mr. Robbinss Yes, it is defined in ti:e ordinance. Mr. C hrant The r definition is di e oc i t! rent !r on our ini_ def tion. Mr. Buceks it there is a variance or an exaction, it has to come to the planning and zoning commission. Mr. Robbinss Ours is more strict than the states. = Mrs Cochrant I don't have a l:roblem with the definition o! minor plats under the state regulations at all. Mr. Engelbrechtt It doesn't give a lot size. Mr. Nortons Four lots could be a few acres. Mr.` Robbinss In earlier review, that was the issue that brought us to the 5,000 ADT. General Developpment: The planning and zoning commission } deoides and it is proposed that the), would continue to decide. Mvelopment o! a single tract. I! it was subdivided prior to 1960, (before subdivision regulaticns) and there was no street ar pubile improvements, no extension was required. Theyy are now required to plats This could be the decision of the planning and zoning commission or the council depending on the ` situation. This says platting is required, but no'further exactions. single family or duplex development on a single tract with streets, utilities, and drainage in place, regardless of when 1 f it occurred, there are no exactionsi needed. The right of way j is already there. Dr. Husys where would approval li-a? 4 4 Mr. Robbinss it depends on the ty a of plat. It is probably going to be staff because it wIl1 probably small and no utility or road extensions require"!. Mr. Salmons On a single family or duplex, we don't get a sidewalk anyway it it is a single tract. In the ordinance it 01'.1 u_ ,wYf { +delt s minutes PGZ commission Otte -g June 1994 /8i~ Page 17 already excludes a single family tract. Mr, Robbins: Additions or alterations to existing buildings. If no drainage, street, utility, additional parking, curb cut, or street access changes are needed, then, platting would not be required. I We talked about development plats in which there is no provision now, they would be enabled. An apprdval would be by the planning and toning commission or staff if they are minor development plats. Now under state law, when we adopt development plats, they do not have to plat if the subdivision is greater than 5 acres with access to public streets with no public improvements made under the existing state law to plat. This would apply outside of the city limits only. A subdivision plat isn't required by state law. A development plat is not a plat of a subdivision. You don't have to be literally subdividing land for a develop- ment plat to be required. In the situation where subdivision has occurred, the state law doesn't require a subdivision plat before the house or development could occur on those lots. we are going to require platting to occur and it be the develop- ment plat. I think it is real ir;,.-tant to require platting out where people are subdividinc in existing county road. For that reason alone, I think seed to have development plats and that they apply in the ETJ. Xr. Norton: why do you feel this wasn't addressed in the state u*dinance? Mr, Sucek: I thought the development plat is out of the state statute. Mr. Robbins: Development plats are enabled by state law. Number 13 is a subdivision situation for which there is not any development. Essentially, somebody is cutting up their farm or ranch. Various land subdivisions by the court, inheritance for cemeteries, or for a land dedication is not addressed in our ordinance at this time. This is a clarification issue to be in accordance with case law and the state law. It will state in the ordinance that platting isn't required. Today, a final plat is required on the tract that would be cut out and developed. A GDP is required on the rest of too land that is owned. This is getting to be more strict. The preliminary I ggendaNo, q ggenda't Minutes Oate~. x7-3--- Piz commission June 8, 199 Page 16 the size of the plat wil~act have istbetween 20eandl/0 acres, has nodevelopment# bigger t ; could havGDa conved be yance p1aC~ on the larger tract. Then land sale then a or ,Y A GDP could be filed if you have conveyance plat on 5+ acres, a final plat on a part less than 5 aetractnd. d I►etinalnplet a portion being cut out on the larger could be required on the cut out. If the sire of the tract is larger than 40 plus ecres and there is no development, then platting is not required. If there is development on the cut out tract$ there would be a out, GDP on the larger tract and a finalallat then the s1abnit a GDP the tract is 19.9 acres or less, art the would be on the whole part and a final plat on the 20 acres or less that developing. This says that if you have less thi- you own entirely, you are going to have to submit a p. na plat. This gives us more drainage studyneral development plan. we get a preliminary preliminary p General Development Plan. We are going to require additional information with respect to how much traffic would be generat- G edand how such storm water run off there would be. This is k not provide. i Amending platst again this is just various scenarios of types of amending plats and who would approve them. Residential replat notice, a situation in which our regula- tions are out of date. Two legislative changes are out of date. Right now, when a residantial replat notice is provid- edl our regulations say all iotc within a subdivision unless ' there is more than 100 lots, you give notice within a 500 foot radius. The proposal would give notice to lot owners within 200 fact and within the subdivision that is being replotted. Mr.. Cochrant if you are outsidoiof the getbnotice~n Iat that within in two hundred feet and why? the state regulation Mr. Robbins. Yes, because you are just replotting a subdivi- sion a number of people bought into. Those are the folks that I would be in the wouldrestrictions and e those most interest things. have Those are the people who I ~per►daaNo._ E% Agendalt F Minutes te PiZ Commission Ci June 8, 1991 gQ44 z? Page 19 C I Engelbrecht: That sounds ood, but I think public Mr. hearings alone suggest that it is true. From the legal standpoint, you need to notify the people in the subdivision ~ because of deed restrictions. Mr. Norton: I a■ not agreeing with what you said. Mr. Suceks I think you meant to say if you are more than 200 j foot, but you are in the subdivision, you get notice. The prior law was you didn't get notice if you were in the subdivision, but more than 200 feet away. Mr. Cochran: That is not what it says here. Mr. Ducek: It sounds like if you are within 200 hundred feet r j or in the subdivision that is being replatted, you get notice. Mr. Robbins: No, it says notice to lot owners within 200 feet and within the subdivision being replatted. Both have to apply. That is what the state law says. We would add a pro- vision in the state law that says if a variance is requosted with that residential replat, then the 201 rule or super- majority rule would apply. Dr. Huey: That 201 does not have to be within the notifi- cation areal s Mr. Robbins Yost it does. You could put in your ordinance t ! that ycn are going to give notice to everyone within 200 feet, { but tar not going to be able to use anybody within the R, subdivision and within 200 feet for the 201 rule. That is what the state law says. 4 Mr. Cochran: My only problem with this is that it assumes if you live outside the subdivision, you have less interest in " what is going on. Mr. Engelbrecht: I an surprised that this one will pass the constitutiY-r.ai mustard. Mr. Robbins Thu state law says you shall approve this in the { course of the subdivision regulations. ! Vacation of plats is not enabled or listed In our regulations now, so we will add that provision according to state law. It will be approved by the planning and zoning commission. There will be a government initiated plat vacation enabled under low, ~endetVo_94-D~~. Agenda) 2S#Y~ Minutes PiZ Commission June Of 1994 ;u~ Page 20 certain conditions. That is not mentioned in our ordinance. Enforcement through utility companies, the state law now has a provision requiring that before utilities are hooked up to a development it has to have a certificate stating a plat was approved or denied. Additional information that we are going to require will be c requirinq folks to show finished flood elevations for build- go in or near the 100 year flood plain. That information has to be shown on the final plat. Public Improvement Guarantees. One is a payment bond. This is a bond or escrow agreement that guarantees the contractor will paid and clear the-city from any situation if the contractor isn't paid. The other is a performance bond. It guarantees it will be built, if it isn't built, the city gets the money or collects from the insurance company that had the bond. On a payment bond, our ordinance now says if the cost is $50,000.00 or less, then you can use an escrow rather than a bond. State law says $25,000.00. Right now our performance bond ordinance says it you are less than $50,000.00 you can escrow it, this is going to $100,000.00. We are going to allow the warranty to be part of the performance bond as one document. The prtaance bond would guarantee it would be built and worT ing year. That is all of the major changes. , % Vi. Director's Report. ViIl future Agenda Items. Mr. Ergelbrechts I see 3 preliminary plats for June 22. E Mr. Robbinss There are going to be some changes. Mr. ycst found a toning case for an existing apartment complex called Prairie Hollow, that will be on June 22. The Denton County Municipal Complex, toning for that will be on 6-22-94. # Mr. Engelbrechts we may have 3 zoning case on the next agenda? Mr. Robbinss Yea. Sleep Inn is a new motel on I-35 near Lindsay Street. We as.e not sure it the plats for Denton M' 'Ago ti.~Mll ~geWaNo gpWd21 ~SrAVy~' Date _ RAFT MINUTES ~2~73 PLANNING AND SO= 119 COMMISSION June 2 , I The Regular fleeting of the Planning and zoning commission of the City of Denton, Texas will be held on Wednesday, June 22, 1994, and the follovinghitemis will be con iderudt 215 8. Miltbiy at 5100 p.m in PRESENT FROM P i zt Chairman Engelbrechto Mike Cochran, card Coopers Flerminq) Dick Norton, Dr. Huey, ABSENT FROM P i z: PRESENT FROM STAFF: Frank Robbins, Executive Director of Planning and•Developmentt Mike Bucek, Assistant City Attorneys Deborah Manning* Secretary. Saloon, Senior Goodwinj b Civil Engineert Owen Lisa Yost* S 1. Consider approval of the minutes of the May 25, 1994 and June e, 1994 meeting. Correct minutes from May 25, 1994 and present at the next meeting. Mr. Cochran: I move to approve the minutes from June 8, 7,994 as corrected. Mrs. Russells I second. Mr. Engelbrecht: Notion carries unanimously (6-0) II. Hold a public hearing and consider an ordinance repealing u Sections 34-1 through 34-98 of Chapter 34 of the Code of r Ordinances entitled "Subdivision and Land Development" by adopting new Sections 34-1 through 34-371 by amending section 34-114(17) and repealing section 34-1271 such revisions providing for the approval of minor plats by the development review committees granting of variances and waiver of developmental exactions) denying connection to utilities se*:vices until appropriate certificates have been obtained; defining terms contained in the ordinances providing procedures for submission and approval of plans and preliminary and final plats; requiring approval of plats and construotion plans for public improvements prior to development of lands providing for sivacating mplified plat ap ro cesss adopting state guidelines fat and replotting without vacating a preceding p amending plates providing for government initiated plat vacations providing for conveyance plats; providing developmental standards in the extraterritorial jurisdiction; providing an atu►exation policy; providing requirements to be met before improvements begins providing for adoption of l a~ I ~y Agarrdak d2~ Agemal _ oats Minutes P&z Commission Q o~~'3 June 22, 1994 Page 2 coverage under 5212.041 of the local government code relating to development plats) providing a severability clausel providing a savings clausal providing for a maximum penalty of $500.00 for violations thereof) and y providing for an effective date. Stiff Report by Frank Robbins. a; l This is the ordinance that the commission has held two prevlous wort sessions on. I will not go through the documents we have discussed such as types of plats and situations that this ordinance would amend, unless the commission requests it. I will simply say to the commis- sion that I believe there was a consensus that those issues discussed at the two work sessions be adopted. If i that were the case, I think there are two fundamental categories that are being addressed by this ordinance. First, the regulations would be substantially streamlined, particularly in terms of the decision making process. A 3. 1 number of provisions of the states ).awe are incorporated F Into this ordinance that are not now in our ordinance. This ordinance would be substantially upd++ted. p On page 39 of the draft ordinance, page 103 of your back j up, section 346114 this allows in single family residen- tial developments, sidewalks that would be built on the in Ware terior streets and local streets of the subdivision. would not have to be built with the otbuilt tha ber,public simpzoves j ments. For instance, the sidewalks would not have to be a built at the same time the roads were built, the drainage improvements were put in and so forth. Instead, those sidewalks would be able to be built at the time the house is built. All the sidewalks in the subdivision have to be j built so that they connect within three yoars. There would be an escrow put in place by the developer ecpialling 1101. But that could be released as construction of those sidewalks are constructed. The reason for this Is when they build that house, they are driving on and off with heavy equipment and they are not sure at ':he time where they will put the driveway. Quite frequently they cut the sidewalk to put the driveway in. They breakup the sidewalk when they are working on the foundation. Staff I is recommending this provision be added to add some flexibility and save some cost for all of us in terms of I sidewalks construction. We had not talked at all about that provision in this draft ordinance before and I just wanted to point that out. i l s . c Z,3 . ..a .I 4gendaNo Agendalt S yF Minutes p&Z Commission Oats l i June 22, 1994 Page 3 Mr. Cochran: When does the clock start on that three years? Mr. Robbins: Wr+.n the land is platted. There is a $290000.00'escrew. If the sidewalk* cost more than that, state law disables us from having an escrow agreement. We are doing three way contracts, the builder would have the opportunity to do this and that would start the three year clock. Dr. Huey: How does this relate to the material in agenda item 8? Mr. Robbins: Agenda item 8 has to do with a different stdowalk issue which is sidewalks to nowhere. If a sidewalk' In a subdivision were on a major street that didn't have sidewalks on either end, that might be characterized as sidewalks to nowhere. We felt that was the issue that the commission wanted us. to report on. That is not related to this situation. Some of the ideas I i associated with this amendment might be part of the f sidewalk to no where issue. Dr. Huey: The question whether to impact or not impact, does this answer this issue or is it totally irrelevant? Mr. Robbinst The fees proposed in this ordinance are not fees in lieu of nor are they impact fees. With a fee in lieu of they will give us the money and we would build it. With an impact fee, you pay a fee for the impact of your development as a function of that development for whatever ! infrastructure demands you make. The proposal does not require a fee to be paid. It is neither an impact tee or fee in lieu of. I Dr. Huey: Explain on page 103 under F. i Mr. Robbins: That is a guarantee that those sidewalks will be built. The development interests, whether it be the developer or home builder, will build the sidewalks. He is not giving us the money to have us build them, that is what you do with impact fees or fees in lieu of. That is a guarantee that he would build them. According to this ordinance, they have three years to do that. if they don't do it in three years, the city has the opportunity to get the escrow money to build it. That is an enforce- ment action. 1 aim I ' +pentlaNo 9' -d Minutes Pie Commission ~geodalter~~?S June Page 42' 1994 Rate ~?Sovf 73 Mrs. Russells if it took two years for the developer to build out all of the lots, then he doesn't have to do the sidewalk until all of them are built? Mr. Robbines The sidewalks would be required to be built with each house. That is how they would link up, At the and of three years, if all of the houses haven't been built the sidewalks haven't been built'. 'At that point, the remainder of the sidewalks would have to be built. It ' is part of.the C.O. process. Mrs. Russells 110; sounds reasonable, but this is put in an escrow account, is it possible to put this in an interest bearing account? To it possible for the develop- or to have the interest? Mr. Buceks on all oi our other escrows, it has been an interest bearing account. In a normal escrow, if you have i to build a street within 9 years and in 9 years you don't 1 build the street, the developer gets their funds back with interest. Usually that is handled in the escrow agreement they sign. E Mr. Salmons One thing I want to add is at the end of the period, tts's developer does get the interest money that accrued on' the escrow account. But, the reason for the 110% is that we base the amount of money on an engineers estimate. That gives us a little bit of lee way in case the estimate isn't exactly correct. Mr. Morton$ How did we arrive at three years, in a larger plat, 3 years could be binding? Mr. Robbins: This is really an agreement with the homes building community as an appropriate number. i I want to point out another provision that is part of the ordinance, Section 3 Chapter 34 of the code of ordinances, that is hereby amended by appealing 34.127. We have not gone through this in detail and I would like to point this out tonight. That entire section is deleted. it is a good policy statement in my opinion. It to a statement that is difficult to administer. It is hard to know I exactly, when you get into the platting process, when it applies or it doesn't. There are some policies statesents in the Denton Development Plan consistent with the inf ill policy that I believe this statement applies to. From a requlatory'or enforcement standpoint it is hard to use. { oZ S, ra 1 r f FO Minutes Piz Commission Date June 22, 1991 iii 73 f Page 5 t I don't recall it to be used in the last 6 ears. The policy shall apply to lots that have previously been platted or developed and are currently being redeveloped. With streamlining, many of the development, that fits that description will not have to plat at a%l. If it's a ' single tract that was subdivided before .1960, platting isn't required. we are implementing that policy statement with many of the provisions in this ordinance. For such areas with existing community services such as streets, water, and sewer shall be considered the remponsibility of the city. They should be upgraded as fundp are available and/or during the regular assessment program. I believe the commission has heard a briefing about an infill policy that the utility department is proposing. The council has directed that the policy be developed. The commission will sae that policy back. It is a program that imple- ments that paragraph with existing money to extend utilities. Specifically to infill sites under some specific criteria. I think we are following along exactly the lines of a policy statement but implementing it in other ways. That section is proposed to be deleted. We have placed a fee schedule in your backup. it's not up for consideration tonight, but the commission may wish to give us some direction on that. The commission has previously approved a fee schedule that would in part, have a fee schedule for some of the plate described in this ordinance. The commission in January 19930 approved those fees after a public hearing. Those fees literally are not part of the ordinance for your consideration tonight, but in the backup for information. Mr. Enga,lbracht: This is a public hearing. Would anyone like to speak in favor of the petition? In opposition? Leona Franklin: 101 North Ruddell, where would I come in on the sidewalk issue? Mr. Engelbrechts You realize that with regard to the subdivision and land development regulations, this would only apply it you were going to subdivide you property. In the case that it was a single lot, there wouldn't be any requirement at all. I am not sure what your issue is. Ns. Franklin: I an opposed to the rezoning. I see the issue as lowering my existing property value more than it is at the present time. i r ApendaNo- A~~4L A9endalt Minutes Pit Commission ' June 22, 1991 Page 6 i + Mr. Lngelbrechtr Are you concerned about the property east of Ruddell behind the jail? Ma. Franklin: Yes. Mr. Engelbrecht: We are going to talk about this case in just a minute. This has to deal with a different issue. We could take your comments now, but I think it might be more appropriate if we take them with that case. Publio hearing is closed. Mr. Robbins: The sidewalk session we talked about earlier would not apply. The rules that are on your table now will not change the situation that applies to that zoning case. ~i Mr. eucek: There is a revision that will be part of the record. Presently on preliminary plats, it shows that the counoil is approving those. Those would be done by the i planning and zoning commission entirely. 'The thing that fits into,that is the council will still be reviewing plate if there is an issue of waiver of 'exactions. Wo r don't want to lose sight of that. if a developer has a certain responsibility to build certain public improve- ments and asks those be waived, those issues would still be reviewed by council. If they are waived, the council would then be using general fund or other sources to pay for those. You have to have their input. A plat that comes before you that doesn't affect those waivers, you would then be approving the preliminary and final plat. That is where the correction was made. Mr. Cochran: we have a number of ,;Items .not.•in the ordinance now, how are we handling those? Mr. Robbins: We are following and applying the state law. Mr. Cochrani State laws dictate that the planning and zoning commission approves, is this correct? ! Mr. Robbins: The state law allows either a commission or the council to be the final approving authority. Mr. Cochranr In our work session we discussed approval of minor plats through staff and DRC. I offered that when staff approved minor plats, that there be some notifi- cation by letter. This is a power that we would be i 1 ra ApendaNo 9 -fit aQeoda~ S Minutes Pit Commission , [)ate '~6 June 22, 1994 Page 7 giving up as citizens. What is the definition of a minor plat. According to standards, minor plats are something along the order of an a screen movie theater, 15 hundred unit apartment complex, 700000 square foot discount store, 500 000 square foot shopping center, 550,00 general office, or a 130 acre manufacturing facility. I don't think these plats fit into the category of a minor plat. I support the idea of streamlining the process. I don't think it is asking too much to be notified when things like this go on. I would contend this definition of a minor plat is too much. I would like to suggest the possibility of lowering the size of what we consider a minor plat. I don't think citizens will be served any better if we turn approval of plats of this magnitude to the staff. I would propose that we lower the siW of the average daily trips and cut it in half and ask for some notification. Xr. Engelbrechts I think it might be appropriate to get staf response plate that request. auch proposed be Ichanged been that that the vehicular traffic count (ADT) would read 2',500 as opposed to 5,000 or more vehicles. In essence, this cuts down the size of the property involved in any minor plat situation. i Mr. Robbinss This is not a technically oriented issue nor is it an issue that the staff would have any difficulty going one way or the other. Staff felt that there needed to be some so that the idea of a modifier was originally thought of by the staff. The state law does not have this modifier in it. The Information Mr. Cochran indicates to you about the amount of development that could be done on 5,000 AN is accurate. It is an issue that you need to decide. You will out those kind of developments in half. They have to go through what now can be a 30 day process instead of a potentially 6 day process, You need to decide who you want to be the decision maker. j Mr. Buceks' One thing I don't want us to lose sight of is platting. Your discretion on plats is very limited. if they meet guidelines, you have to approve them. This says all municipal facilities must be in. what we are saying is if there is 130 acres with all the municipal facilities in, it will be tough for you to tell them their plat is bad. Staff does not have a lot of discretion. Mr. Cochran: I didn't mean to imply this would be a daily issue. If it is going to go under the category of minor i i~ .low ~endaNo `d I lgendalt late Minutes Pit Commission June 22, 1994 Page 8 I development, I feel like this is something we should consider. Mr. Cochrant i move to amend the ordinance by changing the definition of minor plats from 5G40 ADT to 2500 AD'1`. Dr. Husys I second the motion. Mr. Engelbrecht: it has been moved and seconded to change the definition of minor plats to read ADT of 2500 from the i value of 5000. Mr. Buceks Also on Page 68 you had the same 5,000 criteria, and you may want to make that change as well. Mr. Horton: i find difficulty in imagining any type of development that would not require any improvements by the municipality. I can understand the reason for changing ! from 5,000 to 2500. however, if you look at that with any criticality, there is not likely to ever be a 5000 ADT without some municipal requirements. I will support the 2500. Mr. Engelbrecht: All in favor? Motion carries unanimous- ly (6-0). Mr. Cochran% I have one other amendment. At the work ' session we discussed the notification situation. I feel it is not unreasonable to ask when an approval is baing made by staff, that we be notified by letter. This should E not be a burden on staff. Mr. Engelbrecht: Mr. Bucek, if we make that part of the ordinance as opposed to an administrative policy and staff ! fails to report, are they in violation of the law? i Mr. Buceks That type of procedure probably doesn't come i under the criminal penalty provision. Mr. Cochrane I would make a motion that we ask for notification when staff approves preliminary plats. Mr. Engelbrecht: Is your motion suggesting that it be added to the ordinance or that we make a separation policy statement? 3 Mr. Cochrane What would be the most streamline? owl aplndtNo Agendas y Minutes PiZ Commission Date ' 09 June 22, 1994 oe Page 9 t Mr. Robbins: The easiest would be for the chair to ask me at anytime or any place to see plats. Mr. Cochran: I would like to see it happen automatically. Mr. Robbins: The easiest way to do that would be to direct staff to draft a policy statement for the commis- sion. Mr. Cochran: I don't have to see it attached to this ordinance, but I would like to see it in practice. Dr. Huey: Could we incorporate that as a routine part of the report given to us at each meeting? Mr. Engelbrecht: We could certainly make it part of the directors report. We could make a motion to establish that ' as a policy for the staff. I would rather see it as a policy as opposed to the ordinance. Mr. Cochran: That satisfies me completely. Mr. Engelbrecht: Lets ask for a brief statement drafted for the neet meeting saying it be included in the direc- tors report. Nr. Robbins: This was as issue that was voted on at the last meeting. I would a.A the commission to vote on directing as on the issue that you want to create a policy. % Mr. Engelbrecht: If we want to address policy at the next soots I have no n9• problem , vith that. Dr. Hwy: I don't understand why we need to put it in concrete. We can request that the director include this in his regular report. I think that should suffice. Mr. Robbins: The commission as a group, a commissioner, t the chairman, or anyone also in the city can ask to see anything ip our records at any time. I don't think that system, policy, Mr. Cochran is making. He wants to have a to and a directive to the staff. He wants it happen automatically rather than on the basis of a request by anyone for that information. t Mr. Cochran: I move that we urge staff to develop a ? written policy from the point of approval of subdivision ' ( VendaNo X1.0 4peoda? Date ' 6 Minutes PiZ Commission 73 June 22, 1994 Page 10 regulations that notices staff approval of minor plats be included in directors report. Dr. Huey: I second the motion, all we rant is two or three lines. Hr. Engelbrechts Motion carries unanimously 6-o. Other issues relating to subdivision and land use requla- tion-i? Other comments, questions for staff, or a motion? Dr. Huey! is the proper action expected from us a recommendation to council? Mr. Engelbrechts Yes, it is requested that we review this with the idea of a recommendation of the council for approval. Mr. Cochran: Before the motion is made, I have one or two more comments to make. I don't have a specific motion to make to attach to these comments, but I want to make them any way. By approving this we are changing the way business is done. We are taking responsibility from the city council and putting it on the planning and zoning comuission. I have some question about taking this responsibility away from the city council. The process is about citizens being involved. Hr Engelbrechts I would like to add to that by saying I think there are other issues involved vith the rewrite of this ordinance. There is also the iss•re of updating it in tha sense that we better incorporate our current ordinanc- es and policies. The governments function is to look out for the health, safety, and welfare of the community. As tine goes by more issues surface. The processes have become standardized and technical. If the developer meets the requirements, we have to approve the plats. The { process has just been "streamlined". Secondly, we are in a period of time when the world is moving faster. This is one way we can assist that process without hurting ourselves. Will there be an error somewhere, I an sure there will be. The rest of it I think is very important that we update and bring in current state law and city policies. Dr. Huey: I would second what you said about the things ` that are being transferred from council to planning and zoning are principally nondiscretionary things. I would # a A900t~ Date r ~ Minutes Piz Commission June 22, 1994 ' Page 11 also point out that the proposed ordinance does convey for the planning and zoning commission a great deal of authority and responsibility that is not now provided in any ordinance. Mr. Engelbrecht: Any other comments or a motion? Dr. Huey: I move that we recommend to the city council that the proposed ordinance as amended by this group be adopted. Mr. Morton: I'll second that. Mr. Engelbrechtt it has been moved and seconded to t recommend adoption as amended. Any discussion on the motion? All in favor? The motion carries unanimously (6- 0). III. Hold a public hearing and consider the retoning of 1.908 acres to an Office-conditioned (0(c)) district, from commercial (C) and single-family 7 (SF-7) zoning dis- tricts. The site is located on the southwest corner of interstate 35-E and Lindsay Street. " Staff report presented by Oven Yost. This is an application by RPS ventures. The applicant is actually Choice Hotels, international. It is the parent company of Clarion, Quality inn, Comfort Inn, and Sleep Inn Hotels. The application before you is to rezone a one acre tract to an office conditioned zoning district from the zone which it is presently. Currently, roughlyy half of it is zoned commercial and the other half is in the single family - 7 cons. The conditioned zoning requested is being tecommendod to you with the site plan. In section 35 of the code there is along list of things that can be conditioned, one of which is a site plan. The applicant is wishing to take roughly half of the area from commercial to office zoning. In effect down zoning that half, and upzoning the other half Pram single family 7 to office. The proposal is to end up with roughly 1.9 acres of office conditioned zoning. During the platting process, the applicant would be required to upgrade the water line in front of the property along the 1-35 service road from q 2 inch line to a 6 inch line. The land has been primarily undeveloped for decades. It is currently vacant except for a small j r , j,\wpdocs\ord\1anddev1.re9 +genda k,.. AAendalt We ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS REPEALING SECTIONS 34-1 THROUGH 34-98 OF CHAPTER 34 OF THE CODE OF ORDINANCES ("SUBDIVISION AND LAND DEVELOPMENT") BY ADOPTING NEW SECTIONS 34-1 THROUGH 34-46; BY AMENDING SECTION 34-1141 SUBSECTIONS (9) AND (17) AND REPEALING SECTION 34-127 REGARDING THE APPROVAL 0? MINOR PLATS BY THE DEVELOPMENT REVIEW COMMITTEE; THE GRANTING OF VARIANCES BY THE PLANNING AND ZONING COMMISSION AND WAIVER OF DEVELOPMENTAL EXACTIONS BY THE CITY COUNCIL; DENYING APPROVAL OF CONNECTION TO UTILITY SERVICES UNTIL APPROPRIATE CERTIFICATES HAVE BEEN OBTAINED] DEFINING TERMS CONTAINED IN THE ORDINANCE; PROVIDING PROCEDURES FOR APPROVAL OF GENERAL DEVELOPMENT AND CONSTRUCTION PLANS AND PRELIMINARY AND FINAL PLATS; REQUIRING APPROVAL OF PLATS AND CONSTRUCTION PLANS FOR PUBLIC IMPROVEMENTS PRIOR TO DEVELOPMENT OF { LAND) PROVIDING A SIMPLIFIED PLAT PROCESS; ADOPTING GUIDELINES FOR VACATING A PLAT, REPLOTTING WITHOUT VACATING A PRECEDING PLAT AND AMENDING A PLAT; PROVIDING FOR GOVERNMENT-INITIATED PLAT VACATION; f PROVIDING FOR PROCEDURES FOR CONVEYANCE PLATS; PROVIDING FOR ADOPTION OF COVERAGE UNDER TEX. IOC. GOVT CODE ANN. 5212.041 RELATING TO DEVELOPMENT PLATS; PROVIDING AN ANNEXATION POLICY; PROVIDING DEVELOPMENTAL STANDARDS IN THE EXTRATERRITORIAL JURISDIC- TION; PROVIDING REQUIREMENTS FOR CONSTRUCTION OF PUBLIC IMPROVE- MENTS; PROVIDING AN AMENDMENT TO APPENDIX A-7 RELATING TO DISTANCE SPACING BETWEEN INTERSECTING STREETS AND PROVIDING A METHOD TO DELAY SIDEWALK CONSTRUCTION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OF $500.00 FOR VIOLATIONS THEREOF; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City desires to establish requirements more easily understandable to citizen and developer alike, relating to processing plans and plats and issuance permits and certifi- ' oates, and more equitable in their application; WHEREAS, the Planning and zoning commission held a public hearing to consider these proposed amendments to the Subdivision provalnof these p amendments to the City Council; andrecommends ap- WHEREAS, the City Council of the City of Denton has held a public hearing to consider the adoption of this ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: jjCTjON I. That Chapter 34 of the Code of ordinances relating { to "Subdivision and Land Development" is hereby amended by repeal- ing sections 34-1 through 34-98 and adopting new Sections 34-1 through 34-46, so that hereafter the same shall read as follows: { II 44900 o. - Agendait Date Rek-W 3y6~ 7S is CHAPTER 34. SUBDIVISION AND LAND DEVBLOPNENT REGULATIONS ARTICLE I. GENERAL PROVISIONS sea. 34-1. Authority. This chapter is adoptei under the authority of the constitution I I and laws of the State of Texas, including Chapters 42, 43 and 212 of the Local Government Code, as amended. Boos 34-2. Purposes This chapter is adopted for the following purposes: 1 (a) To protect and promote the public health, safety, and gen- eral welfare of the community. (b) To guide and plan for the future growth and development of the city by providing for the orderly development of land and for the extension of streets, utilities, and other public improvements and facilities in accordance with the city's master plans. (o) To insure that all developments provide for the streets, sidewalks, drainage facilities, water and sewer facilities and other public and private improvements and facilities which are ,j adequate and necessary to serve the development. 9 Seas 34-3. Jurisdiction. =y." This chapter shall apply to all land and all developments within the territorial jurisdiction of the City of Denton, except as otherwise specifically provided for in this chapter. The territorial jurisdiction of the city shall be defined as follows: i (a) The area within the corporate limits of the City of r Denton; (b) The area within the extraterritorial jurisdiction of the City of Denton as described in Section 34-38; and I , . (o) Any other area to which the provisions of this chapter are made applicable in accordance with and as permitted by state 1 law. l ' s ! Boos 34-4s Application of obapter. (a) Land included. Except where otherwise specifically pro- vided for in this chapter, all the provisions of this chapter shall apply to the following lands located within the territo- rial jurisdiction of the city: PAGE 2 I ~endaNo. Agendalt Date 'gy plat in the plat records of Denton County, Texas, and which has been sold, leased, or otherwise subdivided or partitioned from another tract of land and which is in- tended or proposed to be used for the purpose of develop- ment. (2) Any tract of land which has been recorded as a lot or block by plat in the plat records of Denton County, Texas, prior to and upon which no development has been constructed or placed prior to the effective date of this ordinance. (3) The division of any previously platted lot into two or more parts. a (4) The removal of one (1) or more lot lines of any platted lot so as to permit the combining of two (2) or more contiguous platted lots into one (1) or more new lots. (5) Residential development of not more than two dwell- in unite on a single parcel, tract, or lot which is f adl scent to a piblic street where extension or improve- ) ment of street, itility, or drainage facilities are not required to support the residential dwelling units shall be required to plat, but no exactions (except for dedication of prescriptive easements or rights-of-way already existing) shall be required (e.g. construction of sidewalks, or dedication of easements or rights-of-way E where prescriptive easements or rights-of-way do not j exist). For purposes of this section, the building setback requirement shall not be considered an exaction. seo. 34-5. Adriaistration, (a) Planning and development department. In the administra- tion of this chapter, the planning and development department shall have the responsibility to receive and distribute all submitted applications and documents to the appropriate departments, coordinate the review and approval procedures # among the departments and the development review committee and forward all required applications, recommendations, plane, plats, documents or other information to the commission or council for any required action theYpon. (b) Development review committee. r (1) A development review committee is established to I provide a coordinated and centralized technical review pro.ess for all developments required to comply with the requirements of this chapter. The members of the commit- tee shall be composed of persons from various city PACE 3 j 9 E C ' s +gendaNa, Agenda) ► Date interest in the designated devlopment departments which ahave an review and approval manager. The city manager shall provide a chairperson who shall be responsible for establishing and coordi- 1 procedures. tee nating i (2) The committee shall be responsible for making dater- i minations on the application and interpretation of guide- I` lines, standards and requirements of this chapter. The committee may require the applicant to submit additional information not otherwise specifically required by this chapter, which is reasonably necessary to review and de- termine whether the proposed development and required facilities meet the requirements of this but not . The chairperson of this committee may approve prove minor plats as allowed under T amain ed G Por plats ANN. 5212.0065 (Vernon Supp 1994), sAs (1) for which variances or waiver of exactions have not been requested and (2) which have been reviewed by the engineering department and found (based on a traffic generation study utilizing the Institute of Transporta- tion Engineers Guidelines) to project an average daily E vehicular trarfio (ADT) count of less than 2,500; and (3) i ti do not require utility or road extensions. } r (o) planning and zoning commission. (1) The planning and zoning commission shall have final authority for the determination, application, and 1 interpretation of the guidelines, standards and require- ments of this chapter, except where person ne a harievedpbyithe tally provides otherwise. Any p grieve of any determination, interpretation, or application the department or provision of this chapter made by licatio committee, may appeal the interpretation or app to the commission for its final decision. tmi (2) Upon the written request to the depar couant noill, tany he owner of land, a public utility, or the city commission shall make a determination of whether a plat for a particular tract of land is required to be sub- muted and stip;~vreQuired ° whether with has s bean chapter, plat if such aI, C. approved T BCODE ANN. S2~10115n(Vernon Supp Z 1994) .TEX. i sea. 34-60 Variances and modifications. (a) General. Where the commission finds that unreasonable hardships or difficulties may result from striQt comp) sance with these regulations or the purposes of these regulation be served to a greater extent by an alternative proposal, it PAGE 4 1 Vow i4endaNo.3~ - Apndalt F _ y pate 37o~J3 y' may approve variances to these subdivision regulations so that substantial justice may be done and the public interest secured provided that the variance shall not have the effect } of nullifying the intent and purpose of these regulations; and further provided the commission shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case that: I (1) The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other property; r (2) The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property; (3) Because of the particular physical suxroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a more inconvenience, if the strict letter of these regulations is carried out; ' R (4) The variance will not in any manner vary the I' As provisions of the Zoning Ordinance, Denton Development Plan, Master Plan or Studies, except that those documents may be amended in the manner prescribed by law; and (5) The special or peculiar conditions upon which the est is did olwner~s actioneoroomission. not re bygtha owneras or any priors (b) Criteria for variances from development exactions. Where the commission finds that the imposition of any development exaction pursuant to these regulations exceeds any reasonable benefit to the propert owner or is so excessive as to consti- tute confiscation of the tract to be platted, it may recommend approval of variances to waive such exactions, so as to prevent such excess, to the city council. waiver of developmental exactions shall be approved by the city council. ;s (o) Conditions. In approving variances, the commission ma; require such conditions as will, in its judgment, secure I substantially the purposes described in Section 34-2. (d) Procedures$ The applicant shall subait a petition for a variance in writing no less than two weeks prior to the time when the conveyance plat, development plat, preliminary plat or final plat is to be considered by the commission. The petition shall state fully the grounds for the variance and all of the facts relied upon by the petitioner. PAGE 5 y k lgendaNo' 9y yF, 4gendai r/ lah 38tV 73 4 I sec+. 34-7. Compliance and enforcement. z, (a) It shall be unlawful for any person to begin, continue, or complete any development on any land within the territorial c and upon compliance chapter appolie! exthe cept city accordance with a chapter applies, with the provisions of this chapter. (b) The city shall not issue a building permit or certificate of occupancy required by any ordinance of the city for any land located within the corporate limits to which this chapter { applies, until and unless there is compliance with this chapter. sewer (o) The city shall nro ertydto which the provisions,of this p p or electrical to any pt 1 chapter applies, unless and until there is compliance with the I provisions of this chapter. sea. 34-ee Approval of plat required. (a) prior to the subdivision, resubdivision, development of territo any land within the City at s, D andnt and uctson plans rial jurisdiction, all plans, pl for public improvements shall first be approved in accordance with these regulations except as follows: E (1) The division of land into two or more parts, other result- than for purposes tract or site ise40~acrehor larger tin size. ing parcels, (2) Development on a single tract which was subdivided extension of are which p.rior to January to 1960, and required s to lie improvements for streets or pub improvements support the proposed development. k (3) construction of additions or alterations to an existing building where no drainage, street, utility ex- tension or improvement, additional parking or street , access changes required to meet the standards of this chapter are necessary to support such building addition or alterations. ! (4) Subdivision or development which is outside the ii regulatory n of the extraterritorial jurisdiction ref- f ` erenced in Section 34-38 of this chapter which is adjacent to a dedicated public street and for which no utility extension is required by this chapter to support the subdivision or development. PAGE 6 "Owl ven "NO. Agendait r, " we ~ 7s a (5) Dedication of easement or right-of-way by separate document recordable in the County records if approved by ' city. (6) Cemeteries complying with all state and local laws and regulations. i (7) Divisions of land created by order of a court of ii competent jurisdiction. i i inheri- ~ (8) A change in ownership of a through property or the probate of an estate. tance (b) No land may be subdivided or platted through the use of any approved by description commission other the committee in accordance with these regulations. (c) No land described in this section shall be platted or sold, leased, transferred or developed until the property owner has obtained approval of the applicable general development 1 plan, preliminary plat, final plat, development plat, or conveyance plat from the commission or the committee as re- quired by these regulations. (d) No building permit or certificate of occupancy shall be issued for any parcel or tract of land until such property has received final plat or development plat approval and is in conformity with the p•.:avl.sions of these subdivision regula- commenced except p in ac nformitymwith shall take p place a or been these regulations. (e) No person shall transfer, lease, sell or receive any part j. of a parcel before a conveyance plat or final plat of such parcel and the remaining parcel has been approved by the commission the c county clerkrovisions regulations committee filed with accordance of i (f) The platting or subdivision of any lot or any parcel of land, by the use of metes and bounds description for the purpose of sale, transfer, lease or development is prohibited. f Boo. 34-94 enforceseat of regulations. i (a) No improvements shall be initiated until the approval of the city has been given. Disapproval of a final plat by the city shall be deemed a refusal by the city to accept offered dedications shown thereon. Approval of a final plat shall not be deemed an acceptance of the proposed dedications and shall not impose any duty upon the city concerning the maintenance or tit improvement or any such dedicated parts until the proper PAGE 7 k a.aY Agendal Date 073 cthe authorities of the city have both given thelappropriated tance of the i uae,vor lmprovemente actually same by entry, to authorize or make utility connec- (b) The city may refuse 19~inn TEX. amen'deOV'T CODE ANN. tions on the grounds set forth 5212.012 (Vernon 1988 i Supp Geo. 34-10. 7448o l The city council may, by ordinance, impose one or more fees in j an amount it determines necessary to recover the cost of adminis- tering the provisions of this chapter. Sec. 34-11. Definitions. For the purpose of this chapter, the following words shall have the following meanings: boundary included withieans the n the Acreage,rticuler subdivision~etract# parcel, lot, etc., but line of a pa excluding all public ways. Addition means lots, tracts or parcels of land lying within the which is intended for the purpose corporate boundaries of the city of development. Ailey means a public way less in size than a street, designed j " for the special accommodation ° rimary accessy it reaches and not intended for general travel or p Applicant means a developer submitting an application for development. Build means to erect, convert, enlarge, reconstruct, restore or alter a building or structure. 1 } > used, or intended to be'. Building means any structure designed the human occupancy used for human occupancy or use or to support i or use of land, including mobile homes. shed Building line means a line exceept bas otherwised prwhich no ovided in tthe a building shall project, zoning ordinance. City means the City of Denton, Texas. Code means the Denton Development Code. Commission. Commission means the Planning and Zoning Committee means the Development Review Committee. PAGE 8 aye v~ 'e +pandaNo. - ' agenCatt Oate yi ~zg Conveyance Plat means an interim plat recording the subdivision 4 of property or defining a remainder of property created by the approval of a final plat ;or a portion of property, where approval of final development plans is not sought. Council means the city council of the city. T5C means Traffic Safety Commission. Department means the Department of Planning and Development. I Developer means the legal or beneficial owner ois owners of a lot or any land proposed to be included in a proposed develop- ment including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land. Development means any man-made change to improved cr unimproved real estate, including but not limited to, buildings or other structures, paving, drainage or utilities, but not agricultural activities. Development Plat means a plat reflecting new construction or the enlargement of any exterior dimension of any building, structure, or improvement on property previously final platted or not required to be platted, Development Exaction means any dedication of land or easements for, construction of, or monetary contribution toward construc- tion of a public improvement required as a condition of plat approval by the city under these bgulations. Escrow means a deposit of cash with the city in accordance with ' city ordinances. F Extraterritorial jurisdiction means the unincorporated area outside of and contiguous to the corporate boundaries of the city as defined and established in accordance with Chapter 42 of the Local Government Code, i Frontage means that side of a lot, parcel or tract abutting a street right-of-way and ordinarily regarded as the frontal orientation of the lot. Lot means a designated parcel, tract or area of land estab- lished by a plat or otherwise permitted by law to be used, developed or built upon as a unit. Lot improvement means any building, structure, work of art or other object or improvements of land on which they are situat- ed, whether immediate or future, which includes streets, alleys, utilities, drainage modifications, access modifications PAGE 9 . i u0tl/ If AOe+MaNo-q4~~_ Agends IIIR RS&.___q ' ► Date lb-94.- y2o~ 3 including curb cuts and other similar activities covered by these regulations. Lot improvements include off-site work accomplished for the betterment of removed building lots. Master plan means those policies and plans adopted by the council as a quids to the systematic physical development of the city. May means permissive. Minor Plat means a subdivision resulting in four or fewer lots, not requiring the creation of any new street or the extension of municipal facilities and not generating an average daily j vehicular traffic (ADT) count of 2,500 or more vehicles. Owner means an all inclusive term denoting the person with pri- mary responsibility toward the city to see that these subdiv- ision rules and regulations and the ordinances of the city are complied with. The term includes person, firm, corporation, partnership or agent, attorney-in-fact, manager or director, developer. Such term as used in this chapter always includes s j one (1) or more of the persons enumerated in this section who I own all or any part of the land which is contemplated to be developed. Plat or final plat means a map of a subdivision, addition or development to be recorded in the County Clerk Plat Records after approval by the commission or the committee. Preliminary plat means a map showing the salient features of a r proposed development as required by this chapter submitted for the purpose of preliminary consideration. Public improvement means any street, alley, utility, drainage facility or other facility or improvement of land designed and intended to be dedicated, conveyed, or owned by the public. Resubdivision means a change in a map of an approved or recorded subdivision plat if such change affects any street layout on such map or area reserved thereon for public use or 1 any lot line or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivi- sions. l Right-of-way means a strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main or for another special use. The usage of the term "right-of-way" for land platting purposes means that every right-of-way established as shorn on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of PAGE 10 , 9y '026 ApendlNo.,,~.- Agodalt e1F tote 9r/ ~130~ 23 such lots or parcels. Right-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right-of-way is established. k Shall means mandatory. I Special circumstances means, in regard to utility extensions, only those areas where water or sewer is deemed necessary and the application of any general rule for extension shall cause a burden and cost considerably greater than what would be normally incurred due to the particular topography or unusual shape of the particular lot or tract involved. Subdivider means any person who. (1) Having an interest in land, causes it, directly or indi- rectly, to be divided into a subdivision] (2) Directly or indirectly, sells, leases or develops or of- , fors to sell, lease or develop or advertises for sale, lease or 4 i development any interest, lot, parcel, site, unit or plat in a ! subdivisionj a (3) Engages directly or through an agent in the business of selling, leasing, developing or offering for sale, lease or ! development a subdivision or any lot, parcel site, unit, plat or interest in a subdivision] and (4) Is directly or indirectly controlled by, or under direct or indirect common control by any of the foregoing. Subdivision means the division or redivision of land into two (2) or more lots, tracts, sites or parcels, whether by sale or lease, for the purpose of development. Thoroughfare Plan means the official map depicting the city's existing and future street system and roadway network, together with explanatory text. Thoroughfare Plan includes the Thor- ' oughfare Map and the Collector Street Map. 1 Used for includes the phrases, "arranged for," "designed for," "intended for" and "occupied for" and shall apply exclusively to physical uses. s Variance means a modification from the terms of this ordinance, as applied to a specific tract of property, if the modification is not contrary to the public interest and, due to special conditions, a literal enforcement of the ordinance would result i in unnecessary hardship, and so that the spirit of the ordi- nance is observed and substantial justice is done. PAGE 11 pr.r i~yr. Apandaltom ' [ate 73 ARTICLE II. BUBXIBBION AND APPROVAL PROCEDURES AND Rvouam c[NTB. Ben. 34-12. Application and fees. Any person seeking approval of any plat for any land required by this chapter, shall submit an application to the department, y r along with the applicable fees, in the form and manner specified by yI the department. i! Sec. 34-13. Predesign conference. (a) Prior to the filing of any plan, plat or proposed develop- ment, an applicant shall consult with the committee, unless specifically waived by the committee chairperson. The commit- I tee shall post its grounds for waiver in the offices of the department after approval of same by the city attorney. The department may schedule a predesign conference with the committee. The purpose of the conference is to allow the applicant and committee to review and discuss the proposed } development, to make a determination of what information and ' studies may be required to be submitted during the plat procedures, and to receive or exchange any other information or take any other action necessary to facilitate processing of the plat application. (b) unless waived by the committee, each applicant shall sub- nit a sketch plan of the proposed development to the department prior to the date of the predesign conference. The purpose the sketch plan is to provide an approximately scaled represen- tation of a development proposal for use in discussions between the applicant and the city staff at the predesistitutgn approvalce. Review of the sketch plan shall not indicate the full extent of the city's requirements. The sketch ed plan, by the depatment, shall show the following: manner specified (1) Development name, north arrow, and date. (2) The size, shape, type and physical location of the I development. " { (3) The. number and size of lots and buildings. ) (4) The proposed streets and street access. (5) Existing drainage facilities and general topograph- ical information. (6) Any other information specified by the department. PAGE 12 - a.p r i AgeWAR O M Date - So~ 73 Sao. 34-14. General development plan- (a) purpose. The purpose of the general development plan is to provide for review of certain developments for compliance with master plans, the compatibility of land uses, and the coordination of improvements within and among individual parcels of land or phases of development, prior to approval of a preliminary plat. (b) Application. The committee shall determine during the predesign conference whether a general development plan or a preliminary plat shall be required in accordance with the purpose herein stated. WhwnershiVepis developedoin phases, large tract under one (1) ownership or the developer may be requiredbtotsubmit commias neralGdeveloly,nt plan for review and approval general imited dto, any evelopment plan shall a required for, but is not l (1) If the property under consideration is undeveloped, is under one ownership and is greater than 20 acres; or i (2) Is to be platted and developed in phases; or (3) Will require off-site road, drainage, or utility k'•. connections or improvements which will have a substantial impact or effect on other properties or developments. by the the (c) informatio- required. Unless waived shall advance contain committee, the general development pe following information for all phases of the developments (1) General layout. The acreage and layout of the entire tract under one ownership, identifying adjacent 4 developments or subdivisions; the names of owners of E adjacent undeveloped land; the existing zoning for each; i and the location of the property by reference to existing l streets. (2) Land uses. The proposed categories of land use; the j intensity area classification of teed nummberyofsdwelling fled in the master plan; the propo units and gross density of each type of residence struc- tural and the proposed floor area ratio for all non- residential uses. ~(3 Streets. The location, width, and names of all exi sting streets within or adjacent to the property; and any proposed arterial and collector streets, including the right-of-way thereof; and the alignment of such streets Daily i Traffic streets (ADT) statistics. Supply PAGE 13 agenda ko. ~~'d Z ~ 4gendai 'late 46cg 73 (4) Sidewalks. Designate location of sidewalks or alternative pedestrian access plans. (5) Existing features. All significant existing man- made features on the property, such as railroads, build- ings, and structures. f (6) Utilities. The proposed utilities which will serve j the property and the distance to the nearest water and sanitary sewer lines. i (7) Drainage. All significant existing and proposed drainage features, structures, and facilities. Storm water runoff data in sufficient detail to determine on- site and off-site runoff impacts and compliance with master drainage plans as determined by the city engineer. 3 (d) Processing, review and approval procedure. The general development plan shall be submitted, along with the applicable fee, in the number and form specified by the department. The plan shall be submitted to and reviewed by the committee for its recommendation to the commission. The commission shall approve or deny the plan prior to submission of the preliminary plat. If the commission denies approval of the plan, the reasona for such denial shall either be reduced to writing or read into the minutes of the commission. No preliminary plat I for any portion of the development shall be approved until and f unless the required general development plan has been approved by the commission. Seca 34-13. preliminary plats. (a) Purpose and applicability. A preliminary plat shall be required for all proposed developments, except where otherwise provided for in this chapter. The required preliminary plat is intended to provide sufficient information to evaluate and review the general design of the development to insure compli- III ance with the master plans and the requirements of this chapter. Inhere a general development plan is required, the preliminary plat shall substantially conform to the approved development plan. (b) Format. The preliminary plat shall be drawn to a scale of 1 inch = 100 feet or larger, provided that a different scale may be used upon prior approval of the committee. The plat must be legible to be considered by the city. Dec. 34-16. Contents of preliminary plat. The preliminary plat shall contain or have attached thereto: PAGE 14 awl i Agenda Wo _q Y-~~6-- - AganCatt S 4 _ Date_ 7d% (1) General Information. as The date, written and graphic scale, north arrow, proposed name of the development, key map showing the location of the development in relation to existing streets and highways and dates of preparation and revisions. b. The name and addresg of the property owner or owners, and the planners, registered engineer, surveyor or other representatives processing the plat. c. Any city or extraterritorial lines traversing or on the boundary of the development. i d. The names of the record owners of contiguous undevelop4d lands. (2) Boundaries, Acreage, Zoning, and Uses. a. The development boundary lines, shown by con- tinuous dark lines of sufficient width to be easily identified. b. The total acreage within tho development, the identification of each existing and proposed type -I of land use, and the acreage for each use. c. Al,l existing or proposed lots and blocks iden- tified by letter or number within the development and the names and lot ~etterns of contiguous devel- opments, shown by doted or dashed lines. d. The existing and proposed zoning of the land to be developed and the zoning of adjacent land. } e. The location and identification of all existing buildings, driveways, and other sig- parking ts, nificantto structures. (3) Utilities. a. The identification, location, and size of all existing water and sanitary sewer lines and the associated easements which are located within or on the boundaries of the development. b. The identification, location, and size of all proposed water and sanitary sewer lines and the associated easements which are proposed to serve the development, showing the location, size, and PAGE 15 I _ r . CZ .pay,'.. ~e RRRR R J.M. r t~genttaNo q S ~ Agasidatit 9y Date -73 distance of any existing lines to which connections are proposed. c. Detailed information on the means by which any alternative water or sanitary sewer service is to be provided, such as by wells or septic systems. i d. The location and routing of all existing or proposed lines, easements, and facilities for pro- viding electrical services for the development. ;r e. The identification, location, and size of all existing gas, petroleum, telecommunications, or similar common carrier easements located within or on the boundary of the development. (4) Streets, Sidewalks and Driveways. a. The identification, location, and size of all existing streets and street rights-of-way located within the development or adjacent developments. b. The identification, location, and size of all i proposed streets, sidewalk and slope rights-of-way which are to serve the development, showing the { proposed connection or alignment with existing or f proposed streets in adjacent developments. Where there is no adjacent development and there are f arterial or collector streets proposed for the development, a key map shall be included to show the proposed future alignment and connection of the arterial or collector streets to the same type of l streets in the nearest development. o. The location and width of any existing or pro- posed driveways which accesses or is proposed to access any existing or proposed arterial street i located within or on the boundary of the develop- ment. (5) Drainage. ? ,F a. The topography of the existing land included within the development and any major changes in topography resulting from development as shown by contour lines of two (2) foot vertical intervals. Upon prior approval of tha city engineer, different contour intervals may be used. b. The identification, location, and approximate dimensions of all existing and proposed water courses, ponds, detention ponds, ditchea, channels, PACE 16 rd1► 4 1 Agendalt S N Date 17- 1 6.9~f_ 4906 73 floodway and floodplain boundaries, storm water improvements, drainage easements, or similar natu- ral or man-made drainage facilities or features located within or outside the boundaries of the de- wat rmdrainage on or across fthetdevelopment sprop- erty. f} c. Unless the city engineer determines during the predesign conference and after review of appropri- ate drainage study information, that the devel- opment will not create the need for any drainage improvements, all developments shall J required to preliminary submit with the preliminary plat a pr area map, drainage containing the ,followalong ingwith informations 1. The delineation of the major contributing watersheds for stormwater that crosses or is proposed to cross any property within or on the boundary of the development. 2. All areas outside of existing or proposed serving the easements development that will be inundated F by the 100 year flood. 3. A summary of the drainage calculations I uset to determine the proposed stormwater ` drainage system that will be necessary to serve the development. The calculations shall be prepared and submitted in accordance with nl in order to { the Denton Drainage Design Kanu i ' review and assess the adequacy of the proposed drainage system. r 40 Expected impacts on offsite properties and 7 proposed measures for remedying impacts. /ma. 24-17. Procedure for approval. E (a) Submittal. The application and copies of the preliminary plat, along with any applicable fee, shall be submitted in the form and number specified by the department. (b) Committee review. The committee shall review the prelimi- nary plat for compliance with the requirements of this chapter. The applicant shall be afforded an opportunity to meet with the committee to receive its comments and recommendations on t make sufficiency of the plat, so as to allow the app any recommended or desired changes, corrections, or modifica- tions. Upon completion of the review, the committee shall FACE 17 Irv r 6 ' ~endaNO 9y-O Agen4alt 9 5OO$ 73 s, forward the plat to the commission along with its recommenda- tion, unless approval by the committee is allowed under exceptions provided in TEX. LOC. GOVT CODE ANN. 5212.0065 (Vernon Supp. 1994), as amended, allows the committee to have authority to approve minor plats. (c) Commission action. upon submittal of the plat by the i committee, the commission shall take action on the plat at a 11 regularly scheduled meeting held within thirty ~30) days of the date the preliminary plat for which approval Is requested is submitted to the department as required by TEX. IOC. GOVT CODE E ANN. 5212.009 (Vernon 1988), as amended. This deadline may be extended an additional thirty (30) days if the applicant requests or consents in writing to the extension to act upon the plat. If the plat meets all the requirements of the chapter, the commission shall approve the plat. if the plat ! does not meet the requirements of this chaptat, the committee j shall disapprove the plat, unless the applicant agrees, at the _i meeting at which action is to be taken, to correct or remedy the defioiency on which the disapproval is based in the submission of the final plat. It the preliminary plat is i disapproved, no further action shall be taken on the applica- tion, until and unless a new application and preliminary plat is submitted in accordance with this chapter. (d) Application of the preliminary plat process to state law. A preliminary plat approved by the commission shall be in accordance with Subchapter I., entitled "State and Local Permits," of TEX. GOVT CODE ANN. 5481.143 (Vernon 1990), as } amended. This statute provides that in the application for subsequent permits necessary for development, the regulations, ordinances and other duly adopted requirements in effect at the time of the original application for the preliminary plat is filed shall be the sole basis for consideration of all subse- quent permits required for completion of the project. Should this statute be amended, repealed or interpreted as not being f applicable to the platting process, a preliminary plat shall become null and void at the same time as a final plat becomes j null and void as provided in Section 34-22(e). sac. 34-18. Final plats. (a} purpose and applicability. A final plat of the property noluded within the development shall be required of all developments to which this chapter applies. The final plat is intended to serve as the official recorded map of the property to be developed, showing thereon the boundaries, lots, public streets and easements and other significant facilities and { features which are necessary to serve the development, as required by this chapter. For a development to be constructed in phases, the final plat may include only a portion of the land included in the preliminary plat. The final plat shall PAGE Is x ~11RdIN0 q-D r►oeaaalI conform to the approved preliminary plat, and if applicable, the general development plan. (b) Land excluded. (1) Where any requirement of this chapter is determined in reference to the boundary of the development, such as the requirement to improve existing perimeter streets, , the final plat may not exclude land which could otherwise be included for the purpose of avoiding the requirement, f or if such property is permitted to be excluded for good reason, the requirement may still be imposed if com- pliance with the requirement is reasonably necessary to serve the development. (2) rn no case shall a final plat exclude land so as to } leave a remainder of such size, shape, or location as not + to be developable in substantial compliance with the requirements of this chapter or any other ordinance. j t (3) Where any applicant seeks approval of a proposed development for land that was subdivided in violation of f this chapter, state law, or any prior ordinance, and the development cannot provide adequate street access, street connections, or substantially comply with any other re- quirement or standard of this chapter because of the unlawful subdivision, the commission may refuse approval of the development or plat. {y. (o) Format. The final plat shall be submitted on sheets eighteen inches by twenty-four inches (i8" x 24") in site, drawn to a scale of 1 inch a 100 feet or larger, provided that a different scale may be used upon prior approval of the committee. The plat must be legible to qualify for approval for filing. Sao. 34-1l. Contents of final plat. The final plat shall contain thereon, or as specified by the department, accompanied with the plat, the following informs- tiont x the land (1) The plthe at, owner acknowl dged sin of the form included within r the of required for the acknowledgment of deeds. } (2) The date, scale, north arrow, and key map showing j the location of the development in relation to existing streets and highways, dates of preparations and revi- sions. s PAGE 19 ~endaNo 9~/ -026 AgeWl ate 7 3 (3) The proposed name of the development, which shall not have the same spelling or be pronounced similarly to the name of any other development located on land within the jurisdiction of the city. Developers of phased developments shall use the same base name for different sections, identified by a section number. i (4) The development boundary lines, shown by continuous dark lines of sufficient width to be easily identified, as shown by a survey performed by a registered profes- sional land surveyor describing the boundaries of the , development by metes and bounds. The survey shalls a. Locate the boundaries with respect to a corner of the survey or tract or any original corner of ` the original survey abstract of which it is a part (provide a note of description of the location of i the survey abstract); j i b. Describe and locate all permanent survey monu- ments, pins, and control points and tie and refer- 1 ' once the survey corners to Texas State Plane Coor- dinate System; and I o. identify the dimensions of the development. d. Identify the city and county where the devel- opment to located. i (5) The dimensions of all existing or proposed lots and blocks within the developments identified by letter or E: number running consecutively throughout the development. (6) The exact location, dimension, and description of all existing or recorded streets, alleys, easements, and public rights-of-way within the development, intersecting or contiguous with its boundary or forming such boundary. % (7) The exact location, dimensions, and description of all proposed streets, alleys, drainage and utility easements, parks, other areas, reservations, easements or other rights-of-way to be ded).cated to the public, } located within, intersecting or contiguous with its boundary or forming such boundary. ' (a) All proposed streets or changes to be made in existing streets shall be described with accurate bearings or deflecting angles and radii, area and central angle, degree of curvature, tangent distance and length of all curves where appropriate, and the primary control points. PACE 20 . L '%W ` i agwdaNo Wat 's Ag . Date (9) The minimum finished floor elevations for all ` proposed buildings, if required by the committee. The elevations shall be stated as mean sea level rather than relative. (10) Building setback lines. a (11) Signature block of the approving authority (12) All required dedication and certification state- Bents. i Sao. 34-20. Construction plans. F (a) Purpose and applicability. Construction plans shall be submitted to the department for all existing or proposed f` streets, sidewalks, drainage ane. utility improvements, and any other public improvements that are required or proposed to be , constructed, reconstructed, improved, or modified to serve the development. where the final plat is for property being t developed in phases, the required construction plans shall include the improvements specified in the general development plan or preliminary plat to serv3 the phase being platted. The d construction plane are intended to provide for the detailed engineering drawings for all improvements required to serve the development. The construction plans shall be kept as a w; permanent record of the city. (b) Responcibility of project engineer. The project engineer is responsible for the accuracy, completeness and conformance, to city standards. The purpose of the city review is to ensure conformance to city policies an) standards. However, the city review is limited to facts as presented on submitted plans. The city has no project engineering responsibility. The engineer certifying the plans is responsible for the accuracy E and completeness of the documents submitted for review and f actual construction. The city reserves the right to require corrections to actual conditions in the field which are found to be contrary to or omitted from submicted plans. (o) Format. Construction plans shall be drawn on 22" or 24" x 36" size sheets. Each sheet shall contain no more than two (2) individual improvements, unless otherwise approved by the city engineer. Sec. 34-41. Contents of construction plans. The construction plans shall include the following information3 (a) General. North arrow, scale, date and mean sea-level elevations of all improvements. The plans shall provide for a reference to elevation benchmark or monumentation used the in PAGE 21 1 R• . rPM igeedaNo Q,94b Apeodal( gate development of the plans. The construction plans shall be signed and sealed by a professional engineer licensed by the State of Texas prior to bidding the project for construction. (b) Streets. The plan and profile of streets, drawn with a horizontal scale of 1" a 40' or larger, and appropriate corresponding vertical scale, showing the top of curb grades at 100 foot intervals for straight grades and 25 foot intervals for vertical curves. Typical right-of-way cross sections of y e width and t strestai, sidewalks, and subgrade, the locat nhwithin the right off way, and specific street crown information, including the 3 pavement transition to split curbs, valley gutters, and stormwater inlets. (c) Sanitary sewer systems. Plan and profile for each sanitary sewer line showing existing ground level elevation at center line of pipe, pipe size, flow line elevation at all drops, and turns, and station numbers at fifty (50) foot intervals, with a section showing embedment, unless specified or permitted otherwise by the committee. ; f (d) water systems. Plan and profile, when required, of the water distribution system showing pipe sizes and the location i of valves, fire hydrants, fittings and other appurtenances, with a section showing embedment. ~ j (e) Storm water management systems. Plans and profile, when f requested, of all proposed channels, ditches, underground systems, detention areas, and any other stormwater improve- l manta, modifications, or facilities proposed to serve the f development. The plans shall specify in detail tha ieaterials and sizing for all channels or ditches, stormwator pines, pipe connections, inlets, outlets, manholes, culverts, bridges and any other drainage structures and improvements. lEach improve- ment shall show the hydraulic data on which the design of the improvement was based. (f) Grading. A grading plan showing the e.+.isting and proposed topography in two-foot contours, proposed or minimum finished floor elevations, and the 100-year flood limits, if any. The t elevations with grading plan shall consist of contours and sR^w water directional arrows to define the flow patterns. o' (g) Erosion control. The location, size and character of all temporary and permanent erosion and sediment control facilities with specifications detailing all on-site erosion control measures which will be established and maintained during all periods of development and construction. PAGE 22 - - ApendeNo A y A$endalt S y Gate N ss'dd 73 Sec. 34-22. Vrocsssing procedure for final plat and construction plans. (a) Submittal. The application and copies of the final plat spany ecified by the depa tmentt.. and construction submitted in the form and on number with (b) Committee review. The committee shall review the final plat and construction plans for compliance with the require- i ments of this chapter. The applicant shall be afforded an opportunity to most with the committee to receive its comments id recommendations on the sufficiency of the plat and plans, eo as to allow the applicant to make any recommended or desired changes, corrections, or modifications. Upon completion of the review process, if the construction plans have been approved by the city engineer and executive director of utilities, if applicable, then the committee shall forward the plat to the commission along with its recommendation unless approval by the committee is allowed under exceptions provided in TEX. LOC. GOVT CODE ANN. S212.0065 (Vernon Supp. 1994), as amended, and this ordinance. (c) commission action. Upon submittal of the plat by the committee, the commission shall take action on the plat at a regularly scheduled meeting held within thirty (30) days of the date the final plat and construction plans for which approval is requested is submitted to the department, unless the G applicant requests and consents in writing to waive the time deadline for action upon the plat. If the final plat meets all the requirements the chapter, the commission shall approve the plat. if the plat does not meet the requirements of this chapter, the committee shall disapprove the plat. (d) Certification by engineer. Engineering plans showing details of streets, culverts, bridges, storm sewers, water mains, sanitary sewers and all engineering details, other than buildings, of the proposed subdivision shall be submitted to the committee along with the final plat of subdivision. Such plans shall be prepared by an engineer registered in the State of Texas, and shall conform to the standard specifications of the City of Denton (North Central Texas Council of Governments Standard Specifications for Public Works Construction, as amended by City) relating to such improvements. (a) Expiration of final plat and plans. TEX. GOVT CODE ANN. 5481.143 (Vernon 1990), as amended, controls the expiration 1 time for plats. Should such subsection be amended, re@gaaledd, or interpreted to be inapplicable to the platting pr , approved final plat which has not been filed in the appropriate records of Denton County within two (2) years of its approval, shall be considered null and void unless an extension is granted by the commission for good cause. PAGE 23 ■ 777 ~ ~ ~fI I AaendaNa AgendA Date Sec. 34-23. simplified plat process. (e) Purpose. The purpose of the simplified plat process is to allow an applicant to concurrently submit the preliminary plat, final plat and construction plans to the committee- This allows for their joint review and approval in those cases where not necessitate characteristics of the development de t approval more detailed and separate submittal, review, and I procedures. (b) Applicability. The provisions of this article shall apply whenever the proposed developments (i) Is to contain less than twenty (20) lots or is to be less than five (5) acres in size, and is not part of a larger scheme of development; (2) Does not require the improvement of any existing street; ? (3) Is not proposed to have any internal public or private streets; (4) Does not create the need for any public drainage improvements; and (g) Is to be served by existing utilities already i i extended across the frontage of the development. (e) Processing procedures. An application, preliminary plat, ; final plat, and construction plans for public improvements, along with the applicable fee, may be submitted for any proposed development which complies with the conditions of tend section. If, after review of the application, plate, plans, the department determines that the development meets the requirements of this section, the plats and plans shall be processed, reviewed, and approved in accordance with the other provisions of this chapter applicable to applications for final ~r plats. Geo. 34-44. Recording of final plat. Upon approval of the final plat by the commission or the committee, whichever is applicable, and the construction glans by the city engineer and the executive director c: utilities, the applicant shall submit one mylar reproducible and three of(t)ho a er lat copies of the plat with all requireapproved s by the ocyy ity engineer on a computer disk in a format three e copies of the (unless waived by the city engineer); and final construction plans to the city engineer. The city engineer shall file in the plat records of Denton County the final plat upon submission of the required copies and the payment of the recording i Pecs 24 I It c.4. ■ +peadaNo .d we-odalA /en..._ fses. 4 Sea. 34-25. Replattioq. (a) Replat required. Unless otherwise expressly provided for herein, a property owner who proposes to replat any portion of an approved final plat, other than to amend or vacate the plat, must first obtain approval for the replat under the same standards and by the same procedure prescribed for the platting of land by these regulations. (b) Replatting without vacating preceding plat. A replat of a subdivision or part of a subdivision may be recorded and is controlling over the preceding plat without vacation of that plat if the replat is submitted in accordance with TER. LOC. GOVT CODE ANN. 55212.014 (Vernon 1988) and 212.015 (Vernon - 1988 i Supp. 1994), as amended. (c) Procedures. The commission shall hold a public hearing and consider all replats. Replate shall be processed in the same manner as preliminary and final plats. E $so. 34-26. Amending plat. i M1) The commission may approve and issue an amending plat pursuant to TEX. LOC. GOVT CODE ANN. 5212.016 (Vernon Supp. 1994), as amended. Sec. 34-27. Vacating plat. a (a) The property owner of the tract covered by a plat may vacate the plat pursuant to TPC. LOC. GOVT CODE ANN. 5212.013 (Vernon 1988). The commission shall approve the petition for vacation on such terms and conditions as are reasonable to protect public hoalth, safety and welfare. As a condition of j vacation of the plat, the commission may direct the petitioner to prepare a revised final plat in accordance with these regulations. Regardless of the commission's action on the petition, the property owner or developer will have no right to a refund of any monies, fees or charges paid to the city nor to the return of any property or consideration dedicated or delivered to the city except as may have previously been agreed ' to by the commission. (b) Government initiated plat vacation. J (1) General conditions. The commission, on its motion, may vacate the plat of an approved subdivision or addition whent } a. No lots within the approved plat have been sold within five (5) years from the date that the plat PAGE 25 owl gendaNo.Clu 6 ~gendalteri► S t~tP ' S 8~ 73 was signed by the chairman of the commission; or b. The property owner has breached the city's development contract and the city is unable to obtain funds from the developer's or contractor's bonding company with which to complete construction of public improvements, except that the vacation shall apply only to lots owned by the property owner or its successor; or a. The plat has been of record for more than five (5) years and the commission determines that the further sale of lots within the subdivision or addition presents a threat to public health, safety and welfare, except that the vacation shall orp apply only to lots owned by the property owner its ` successors. 1 (2) Procedure. Upon any motion of the commission to vacate th9 plat of any previously approved subdivision or I'F addition in whole or in part, the commission shall pub- lish notice in a newspaper of general circulation in the ;i County and provide personal notice to all property owners within the subdivision or addition and shall also provide notice to the council. The notice thell state the time and place for a public hearing on motion to the subdivision or addition plat. (3) Record of notice. if the commission adopts a reso- lution vacating a plat in whole, it shall record a copy of the resolution in the county clerk's office. it the " commission adopts a resolution vacating a plat in part, it shall cause a revised final plat to be recorded which been vacated that that portion portion plat that has vacated. E Bea. as-289 Conveyance plat. (a) Purpose. A conveyance plat may be used solely for the purpose of subdividing land and the recording of same, or t'I recording a single existing lot or parcel created by other ,q means. A conveyance plat may be used to convey the property or s~,' interests therein; however, a conveyance plat does not consti- tute approval for development of the property. plat is an interim step in the subdivision and development of { land. (b) Applicability. A conveyance plat may be used in lieu of a final plat to record the subdivision of property provided that no single lot created is five acres or smaller. A created lieu of a final by the final plttingrecord conveyance emainder a of a tract used in of the r a PAGE 26 C inns WOO. TL=~ ~ges~alt 13tP portion of the property provided that the remainder is larger than five acres and is not intended for immediate development. (e) No final plat processed and approved in association with a conveyance plat shall be filed without the concurrent filing of the associated approved conveyance plat. sea. 34-29. Effect of approval. (a) Conveyance plat approval and acceptance by the city does not relieve the owner from obligations, including fees, required by other sections of this or any other ordinance of the city pertaining to the improvement of the required tom make the property suitable extension of services as req equ for development. (b) Neither reservation nor dedication of right-of-way shall relieve the property owner from any obligation for street con- struction or assessments associated with public street improve- ment programs. Easements for access, utilities and drainage may be recorded on conveyance plats. (c) No building permits shall be issued nor development begin, i nor permanent utility service provided for land which has only received approval as a conveyance plat. lb) A conveyance plat may be vacated, replatted or superseded n total or in part by thorough compliance with the procedures and requirements of this ordinance. { Bea. 34-30. Application and conveyance plat r*V iresents. (a) The property owner shall submit an application for a conveyance plat, together with other supporting documents and the yfoas minor fees, to Ah conveyance director. plat v shall include aallqualify llowing { • , " plats. ! it informations (1) The boundary lines with accurate distances and bearings and the exact location and width of all existing or recorded streets intersecting the boundary of the i tract. (2) True bearings and distances to the nearest estab- lished official monuments or state plans coordinates, - I which shall be accurately described on the plat] munici- pal, township, county, or section lines accurately tied to the lines of the subdivision or addition by distances and bearings. (3) An accurate location of the subdivision or addition with reference to the abstract and survey records of the PAGE 27 - ai.aFq,. rAWY daNo.WO-044 ~genda~t~ I .SSA County. (4) The exact layout including: a. Street names (if known or proposed). b. The length of all arcs, radii, internal angles, ' points of curvature length, and bearings of the 4 tangents. c. Easement, and rights-of-way specifying their I provision by dedication or reservation. f d. All lot numbers and lines with accurate dimen- sions in feet and hundredths of feet and with bearings and angles to street and alley lines. (5) The accurate location, material, and approximate size of all survey monuments and corners. (6) The accurate outline of all property which is offered for dedication for public use with the purpose indicated thereon. (7) Proposed name of the subdivision or addition. i (8) Name and address of the property owner. (9) North arrow, scale, and date of preparation. (10) Certification by a registered professional land } surveyor to the affect that the plat represents a survey made by him and that all the monuments shown thereon s actually exist, and their location, size and material description are correctly shown. ' $ec. 34-316 Other documents required. The applicant shall also subunit the following with his i application for approval of a conveyance plat: (a) Certificates to properly dedicate easements or rights-of- i way as may be necessary. k (b) Construction plans for public improvements if street, utility or drainage improvements are proposed by the owner. Construction plans, easements, and dedications as appropriate shall be submitted concurrent with the conveyance plat or any subsequent replat. The construction plans, if any, shall be prepared by or under the supervision of a professional engineer registered in the State of Texas and shall bear his seal on each sheet. PAGE 28 X' I w -+•w IWO i i S ipadaNo 4genda4t Wate d~~s (e) A certificate of ownership and dedication of all street and alley rights-of-way to public use forever, signed and acknowledged before a notary public by the owner and lien holder, if any. of the land along with complete and accurate description cif the land subdivided and the streets dedicated, where applicable, except as provided in Section 34-32(b). (d) Acknowledgment ':c ire placed on plat. All conveyance plats must be titled "Conveyance Plat" and carry the following wording: "A conveyance plat is a record of property approved by the city of Denton for the purpose of sale or conveyance in its entirety or interests thereon defined. No building permit shall be issued, nor development begin, nor permanent public utility service provided until a final plat is approved, filed of record and public improvements are accepted in accordance with the provisions of the subdiv- ision and Land Development Regulations of the City of Denton. Selling a portion of this property by metes and bounds, except as shown on an approved, filed and accepted conveyance plat, final plat or replat is a violation of the city ordinance and state law." seo. 34-32. standards for approval of conveyance plats. i (a) Access. All tracts, parcels, lots or sites created by a conveyance plat shall have frontage and access to an existing or proposed public street. (b) Reservation of rights-of-way. Conveyance plats must provide for the reservation of future rights-of-way of planned roadways, Right-of-way reservation acknowledges the future obligation to dedicate right-of-way for public thoroughfares and streets specified on the city's Thoroughfare Plan, an approved preliminary plat, or approved General Development r Plan. Reservation of the right-of-way does not grant any right or interest in the property to the city or other entity. The final alignment may be adjusted upon final platting in order to meet engineering design standards. (c) Dedication of rights-of-way. Dedication of right-of-way shall be required where a conveyance plat is used to record the remainder of a tract created by the final platting of a portion of the property. The required .right-of-way dedication shall be limited to that which is necessary to property proposed for final plat approval provide access to the i lanes, intersections and tranitions in road p vement width re- sulting from development ~,f property proposed for final plat PAGE 29 I I F11 gand59W~~ u ageadate approval. Sea. 34-33. Approval procedure for conveyance Plats- (a) ply Conveyance appropriate ePlate shall e ordinances panda the romastervided plan ~mThe 1 with all ll commission must approve, approve with conditions or deny a 1 conveyance plat no later than 70 days from the date of appli- cation- If denied, the commission shall prrovidb J~ written explanation of the reas.n for denial if requeste by pp at the time the decision is rendered. If the commission fails to approve or deny the opplication within 30 days of the official submission date, the conveyance plat shall a deemed approved. A conveyance plat qualifying a minor pllat shall be reviewed and acted upon by the (b) Signing and filing- After the approval of the conveyance plat by the commission or committee, the property owner or his E engineer shall submit filling fees and the required number of copies for filing to the city for filing with the county. Having submitted all copies and fees, the owner may regTeoVala j delay of filing for •sp to 180 days from the date of app I Any conveyance plat which has not been sfiled hall i vide county within lei days of the date of approval Prior to filing with the county, the property owner may withdraw and void a conveyance plat. Any conveyance plat withdrawn or 1 voided must be resubmitted under current regulations and ttee and procedures and reapproved by the commissie cor co r ion of the ! filed with the county. Prior to tiling, commission or the committee, thetconveyanceeplat. Thelcitylengineer endorse app shall forward one (i) copy of the recorded conveyance plat to ~ I the property owner. see. 34-34s Development plats. I (a) Any person who proposes new development of a tract of land located with the corporate limits or within Division i of the city's Extraterritorial Jurisdiction, and is not required by this chapter to prepare a preliminary or final plat, shall prepare a development plat in accordance with elements required for preliminary and final plats by this chapter unless: (1) the development is excepted under Soo. 34-81 or (2) the development is an addition or alteration to existing development which after development would result development complying ith the code of ordinances than before the development. (b) Development plats shall be processed in accordance with TEX. LOC. GOV'T CODE ANN. SS212.041 through 212.050 (Vernon i PAGE 30 R (q.nA& ~tP -^7-7 in on property until Supp. 1996) and no new development may roved by the city in the develoent accordance with such sections* and app (o) Development plats shall be labeled "Development plat for Addition." sec. 34-25• annexation policy, (a) It is the general policy of the City of Denton to assess ` i on a case-by-case basis the J n when°significantidevelophonto territorial jurisdiction ( ) are proposed, occurring, or likely to occur in the near future. The following are guidelines for determining when annex- (b) ation study should be considered: (1) Single family developments over five lots; or (2) Multi-family, industrial or commercial developments over one acre= or (g) Any area where the density exceeds Soo units per square mileo or Any development or are that including fight have not s itedito cant impact upon the city, drainage impact, service costs, increased traffic, tilization, safety or health hazards. or u needs utility when any or all of the above conditions (jet, o! considering review the proposed development for the purpose The review shall also include consideration of the annexation. annexation of logical planning areas around the area of initial concern, ! (o) Guidelines for scope of study. In studying the questions of whether or not an area should be annexed, the following 4 criteria shall be considered at a minimum$ ser-cit (1) e sthe oy to comparableuareas inside the city vices equal limits. water and sewer system capabilities are consid- ered, but lines for individual areas are normally not the oity+s financial responsibility. (2) The reliability, capacity, and future public cost, it any, of current and planned provisions for community facilities such as roads, drainage, utilities, Private facilities will be considered. (3) The need and quality of land use and building con- PAGE 71 i 1"""' r t gendaNo, U-Q? _ ~ endalt -c IiSP trols. Private controls will be considered. v (4) Impact on the city, both current and long range, including at a minimums a. Fiscal cost and benefits; b. Traffic; c. Infrastructure of roads, utilities and other community facilities; d. Safety or health; o. Building or development quality; f. Aesthetic quality; and g. Community character. , (5) Conformance with or need to ensure conformance with the officially adopted master plans of the city. j Sao. 34-36. Annexation procedures. (a) If, after preliminary study, the criteria described in Section 34-35 indicate annexation is appropriate in order to ' promote or protect the public interest, the city will initiate i formal annexatton proceedings to consider the annexation question in detail. i (b) if a tract of land in the extraterritorial jurisdiction is contiguous to the city limits and the owner of said property r desires that it be annexed in order to be qualified to receive city services when available and to be afforded zoning protec- tion, the owner may petition the city for annexation. E (o) Study and annexation procedure. (1) Based upon guidelines for initiating study, the staff shall initiate a preliminary assessment of the area for possible annexation and present the results to the city council. The city council will review the study E results and other information and make a determination whether or not formal study and public hearings and annexation proceedings should be initiated. (2) If formal public hearings are initiated, the plan- ning and zoning commission shall review the annexation studdy and make a recommendation to the city council. PAGE 32 i 4enoa N;) ~genQaltam _ rate ~S 73 (3) The city council will then consider all recommenda- tions and public comment during the prescribed public hearings phase, and make a determination whether or not to initiate formal annexation proceedings. (4) Formal annexation proceedings are executed, if applicable. i Sect 34-37. Annexation fees. Any parson, firm or corporation who shall petition the city for annexation shall pay to the department of planning and community development a fee in an amount determined, and as from time to time amended, by ordinance of the city council. The fee shall be based upon the administrative expenses of the city in reviewing such petitions. A true and correct copy of the current ordinance establishing the fees shall be maintained in the department of planning and community development. Sao. 34-38. Development standaris and requirements in the extraterritorial (a) The extraterritorial jurisdiction of the City of Denton is classified into two (2) divisions as indicated on the map on file in the department which is made a part hereof for all pur- poses. Division 1 is that area located within the regulatory } reflected line area on themap loc ted utsreferenced above. ide the regulatory Division line surrounding Division 1. (1) All of the provisions of this chapter governing subdivision and development standards for subdivisions within the city shall apply to all subdivisions and developments within Division 1. (2) The subdivision and development standards of the County of Denton, as such standards exist today or as they may hereafter be amended, shall apply to all subdivisions and developments within Division 2. The approval of plats by the city for subdivisions and developments in the extraterritorial jurisdiction comprising Division 2 is not required and such subdivi- sions and developments must comply only with development or plat requirements of Denton County and state law. (b) The department is directed to consider amendments to the regulatory line map whenever the certificate of public conve- nience and necessity for water and wastewater services is amended by the state, the Greater Denton Planning Area as defined in the Denton Development Plan as revised, or when directed by amendmentsg shaand ll of zoning be eff ctive until cthe council. PAGE 33 Aaen,6 Ap da+ Date G 4 revised regulatory line map is approved by the city council. Sao. 34-39. pre-construction phase procedural requirements and policies. (a) Filing of an approved final plat. An approved final plat must be filed in accordance with the provisions of this chapter. ' (b) Preconstruction conference. A preconstruction conference between the owner, prime contractor, project engineer, the city E engineer, the executive director of utilities and representa- tives of power utilities is required to review the proposed improvements to be made and the requirements of this chapter. 8eo. 34-40. Development contraot required. a) For all developments in which streets, drainage facil- hies, water or sewer lines or other improvements are to be constructed and dedicated or conveyed to the public, a develop- ment contract is required to ensure proper construction and completion of the improvements and payment is made therefor. { (b) The developer shall submit three (3) executed copies of the development contract, along with any required bonds, escrow agreements, insurance certificates or other documents, to the city engineer on forms approves by or provided by the city and be executed by the city manager prior to the development being approved for construction. 8eo6 34-416 Contents of development contract* i.- f. = The development contract shall be in a fora and contain pro- vision.; deemed necessary by the city engineer, as approved by the city veme tmA, ensure is made therefore and a compliance iwith the I improvements payment provisions of this chapter. The contract shall contain but not be limited to the following provisions: ' (a) Description and coat. A description of the improvements, 1 their location and the contract price thereof or, if there is no contract amount yet determined, the estimated cost thereof certified by a registered engineer and approved by the city engineer. (b) Specifications. That the improvements will be constructed in accordance with the provisions of this chapter and the standards and specifications applicable to the city's public works projects. (c) Inspection and orders. That the contractor and subcon- tractors will cooperate with and abide by the orders of the PAGE 34 t ~gendaNo A9endaliero Date 7 7.3 city engineer, executive director of utilities, and city 4 inspectors in constructing the improvement. (d) Insurance. That the owner or contractor will comply with the insurance requirements applicable to the city's public works project and provide certificates evidencing such insur- ance coverages to the city engineer. (e) Performance bond. That the owner or contractor shall E provide a performance bond as required by TEX. GOVT CODE ANN. 52253.021 (Vernon Supp. 1994) and in conformance with the most current edition of the Standard Specifications for Public Works Construction adopted by the North Central Texas Council of Governments (NCTCOG), as amended by city, in the amount of 100% of the cost of constructing the public improvements. The bond shall be furnished on the form provided by the City of Denton which shall include a provision insuring the repair and replacement of all defects in the improvements due to faulty materials and workmanship that appear within a period of one (1) year from the date of acceptance of the improvements by the city. The performance bond shall be issued by a surety company authorized to do business in the State of Texas and acceptable 1 to the City of Denton. If the cost of constructing the improve- ments is less than $100,000, the city may execute an escrow agreement with the owner or developer in lieu of the bond. Cash money in the amount of the cost of completing the improve- ments, as determined by the city engineer, may be deposited with a bank as escrow agent pursuant to an agreement, the form and provisions thereof to be approved by the city engineer and city attorney, to insure completion of the improvements. { (f) Payment bond. That the owner or contractor shall provide a payment bond as required by TEX. GOVT CODE ANN. 52253.021 } (Vernon 1994), as amended, in the amount of 100% of the cost of constructing the public improvements. The bond shall be f furnished on a form provided by the City of Denton and shall be isw,ad by a bonding company authorized to do business in the State of Texas and acceptable to the City of Denton. If the constructing the improvements is lase than $25,000, the cost of t city may execute an escrow agreement with the owner or develop- er as referenced in subsection (e) above in lieu of the bond. (g) Requirements of sureties. That the requirements fo% sureties to issue bonds and the standards for additional oL t substitute bonds as set forth in NCTCOG standards referenced above are incorporated into this section for all purposes and shall be controlling in all aspects unless in conflict with the f terms set forth in this section. PAGE 35 i 8..;.'ety.l~yqµ•y>va.a..... ...i. ubn. L.:f J.. a.,, +l6M r ~ t i ~enOaNo. Apenda~i pate ~ 73 Boca 34-42. Miscellaneous documentation requireaentsa (a) Affidavit of contractor. The city engineer may require the owner or contractor or both to furnish a list of all contractors and subcontractors who performed labor on or persons supplying material for the improvements and require a written release of all claims from any such person prior to acceptance of the improvements if surety bonds are not appli- cable. + (b) Occupancy. That the owner shall not allow any purchaser, lessee or other person to occupy any building within the development until all improvements are accepted by the city= that upon violation of such restriction, the city may take whatever action is lawfully necessary to restrain such occupan- cy. Boca 34-43. Construction inspection. (a) construction inspection and acceptance. The developer shall cause his engineer to design, stake and help interpret the plans during construction of improvements and shall cause his contractor to construct the improvements in accordance with this chapter and engineering plans. The approved engineering plan shall be so marked on the face by the city engineer. The city engineer shall inspect any and all phases of the construc- tion of improvements for subdivisions. The subdivider or his contractor should maintain daily contact with the city engineer during construction of improvements. No sanitary sewer, water or storm sewer pipe shall be covered without approval of the city engineer. No flexible base material, subgrade material or stabilization shall be applied to the street subgrade without the approval of the city. No concrete may be poured nor { asphaltic surface applied to the base without approval of the i city. The city engineer may at any time cause any construc- tion,, installation, maintenance or location or improvements to caase when, in his judgment, the requirements of this chapter or the standards and specifications as hereinbefore provided have been violated and may require such reconstruction or other work as may be necessary to correct any such violation. (b) Acceptance. The city engineer shall receive and approve for the city, the title, use and maintenance of the improve- suitts when: j (1) the improvements are found to be installed and completed in accordance with the plans and specifications as certified in writing by the city engineer= ' (2) the city engineer has received a sepia set of as- built plans from the developer acceptable to the city engineer; and PAGE 36 low, andaNo g f s Agendau r Date (3) the city has received a letter of the contractor's compliance with this chapter. Asa. 34-44. cost of improvements and city participation. The applicant shall make all required improvements, at his expense, according to the officially adopted master plans, without reimbursement by the city, except for certain oversized or city participation provisions of this chapter as may be expressly authorized by the city council and paid as funds are available. (This subsection provides general participation policy and procedure, the general design standards of division 3 of this article provide specific conditions for oversized participation in water, sewer and streets.) where larger facilities are required by the city, reimbursement costs shall be based on actual installation cost. The city will partici- pate in the cost of any water line having an inside diameter greater than eight (8) inches and of any sanitary sewer line having an inside diameter greater than ten (10) inches if not required by the development. Any requests by the developer for payment shall be made in writing and shall be presented to the director of public utilities or to the city engineer for study. The city engineer shall present his findings, along with his recommendations for payment, to the city council for final approval. Sea* 34-45. Subdivider to extend mains to subdivisions. If the existing city mains and/or streets are not within or adjacent to a subdivision, the developer, unless exempt, shall construct the necessary extension as specified in this chapter. 't'hese mains or streets shall be constructed in accordance with the master plan of the city. These facilities shall be in public easements, secured and paid for by the developer. Such easements must be recorded as required by law before service is extended tro the subdivision. In cases where easements cannot be secur~ad, the developer may petition the city to authorize condemnation proceedings. However, the developer will be liable for any cost associated with retaining legal counsel and expert witnesses necessary to effectuate the condemnation proceedings and shall execute a contract with the city that shall provide for procedure to be followed. (a) criteria for extensions. For the city to consider using i condemnation authority for assistance to extend mains to a subdivision area, clear evidence of public need and interest must be shown by the applicant. The following criteria are presented as guidelines in considering such public need or interests PAGE 37 rVA agendaNo. yf Agandatt , ~ ~ r Date 7017.3 a. The proposed extension must be in accordance with " the officially adopted master utility plan. b. The proposed extension must be such that it will be able to serve other development areas. o. The proposed extension must be supportive of the i j city development guide. d. The proposed extension will substantially help the overall city economy. For example, ll serve a new plant that employs over fifty (50) people. fl ~ a. The proposed extension will help alleviate a critical w-me ned. For housing that example, would not would area for low-inco se be provided. f. The extension, if for immediate health reasons, can be construed as an overwhelming public need. t i , (b) Revtev procedure. The applicant for a request for assistance must present a written application justifying public need and interest. In addition, the applicant must present written evidence that he has made every practical attempt to secure needed easements. This evidence must include an appraisal by an independent fee appraiser as to the current market value and damages, if any, of the easement and documen- tation that an offer has been made of at least the amount of the appraisal. Such application ahall be forwarded to the chairperson of the development review committee for review and f , recommendation. Upon notice of such application, the city, at least ten (10) days prior to the hearing, will notify all.. property owners within the proposed easement line and two % hundred (200) feet therefrom. A hearing of facts by the public, utilities board and planning and zoning commission with determination recommendation of to the the city tcouncouncil will be cil will be final. The Bao. 34-46. construction requ,i"ments before issuance of build- ing Peraits. 'i The eLYy engineer, at his discretion, may authorize building' permits within the subdivision if a development contract is executod and the following condition is met: unless otherwise < f provided for in the development contract, adequate water installation and all-weather fire lanes or roads must be complete to ensure adequato fire protection. SECTION 11. That Chapter 34 of the Code of Ordinances relating to to Section 834n114d a titled Develo"Spment"reets"is by herevreby appendix dAn7 PAGE 38 " }„py y{.MSp.fr N.....-. r tf !J.a N.. I. M'....... pAf 1 1 A -yF ati pgend A ' Qa1e 71o'd 77S 4 referenced in subsection (9) entitled "intersections"a "Sidewalks" adding a new subsection f to subsection (17) entitled hereafter such sections shall read as follows: Bea. 34-314. streets. (9) intersections. ` Appendix A-7 referenced to subsection c. of this section 14 adopted by Ordinance No. 88-103 is amended to read as foIiowsi i APPENDIX A-7 TEMPORARY TURNAROUNDS * Minimum Thickness Minimum , Use Outside Radius Crushed Rock As halt i Residential 45' 6 2 Other Than 45' 10* 5" Residential + Turn-grounds require a 6" lime subgrade. DISTANCE SPACING BETWEEN INTERSECTING STREET CLASSIFICATIONS Arterials Collector Local Arterials 5,280 10000 400+ F, ` Collectors 1,000 1,000 200 Local 400+ 200 200#+ t' ti + (if permi'-.ted) 4 100 feet minimum to the first intersection for subdivision entrances off an arterial or collector street where lots back up to the arterial or col- y. Y. ^ i leCt0l. (17) Sidewalks. (f) Delay of sidewalk construction. Should the public improvements required by Section 34-40, other than side- walks, be completed by cost of constructing the contractor $25,000 or lose Sae F PAGE 39 i ;P'L '44 i T rM re r agandaNo. AgVdaltem Date 7r~ ,~73 determined by the city engineer, the developer may, in lieu of constructing sidewalks along the frontage of residential (single family or duplex) lots in the development, deposit cash money in the amount of 110% of the cost of completing the sidewalks with a bank in Denton County as escrow agent pursuant to an escrow agreement. 1. The form and provisions of the escrow agreement shall i be approved by the city engineer and city attorney to insure the completion of the sidewalks within three (3) years of the acceptance by the city of the other public improvements in the development. The escrowed funds will guarantee the construction of the sidewalks by the builders in the development. If the sidewalks are not completed by the builder and accepted by the city within three years, the developer shall complete the construc- tion of sidewalks in the development and the escrow funds shall be released to the developer upon acceptance of the sidewalks by the city. Should the developer fail to complete the sidewalks when directed by the city to do so, the city shall utilize the escrow funds to complete construction. No additional building permits will be issued in the development until all sidewalks arc completed and accepted by the city. 2. A builder or owner of improvements upon a residential lot shall not be granted occupancy until the sidewalk in frcnt of such lot has been completed and accepted by the r city. Should a sidewalk along the frontage of an entire { block of residential lots be completed and accepted by city, the proportional amount of the cost of the side- °x walks completed on such block as such cost compares to the total coat of sidewalks to be completed in the development shall be released to the developer by the escrow agent. This provision is an exception to the requirements of Section 34-42(b) of this chapter. ' ggCTION Iii. That Chapter 34 of the Code of Ordinances ll relating to "Subdivision and Land Development" is hereby amended by repealing Section 34-127 entitled "Development on existing lots that were previously approved by the city." 3 SECTION IV. That if any section, subsection, paragraph, son- tence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court shall the ali- of competent jurisdiction itione hold this ordinanceffand the vCity dity of the remaining po Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. i PAGE 40 a "gel AgendaNo Agendal (ate SECTIOH_V. That any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the quirements thereof; or of a permit or certificate issued re ' requireme shall be guilty of a misdemeanor punishable by a fine the not exceeding Five Hundred Dollars ($500.00). Each such person i shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any sucl violations such person shall be punished within the limits above. sFCTiON VT• That all provisions of the ordinances of the City of Denton in conflict with the provisions of this ordinance are 1 hereby repealed, and all other provisions of the ordinances of the ; City of Denton, not in conflict with the provisions of this ordinance, shall remain in full force and effect. FECTiO ViI. That this ordinance shall become effective four- i teen (14) dayys from the date of its passage, and the city secretary is hereby direoted to cause the caption of this ordinance to be j " 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. a PASSED AND APPROVED this the day of 1994. IIh BOB CASTLEBERRY, MAYOR ATTEST: o, JENNIFER HALTERS, CITY SECRETARY BY1 APPROVED AS TO LEGAL FORM: "rl DEBRA A. DRAYOVITCH, CITY ATTORNEY r BY: r;. I PAGE 41 { NiIrpS -COUN.CIti "ti k E F ' .f fr M! 1 ~4 k r ! ~ ( f f I ~ 6. 1 ~ ^ 6 s ' ~.5 . ip ~ I DATE: August 16, 1994 ~A REPORT TO: Mayor and members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: PRELIMINARY PLAT OF 100 LOTS IN SEVEN BLACKS WITHIN THE MCDONNELL HIGHLANDS ADDITION, PHASES 2 AND 3 ti RECOMMENDATION: The Planning and Zoning Commission recommends approval. S1tl~iY s i The 24.125 acre site is located off of the south side of McKinney Rd., approximately 2,000 ft. east of Mayhill and across from Billy Ryan High School. The subdivision has two access points; one onto McKinney (existing) and one off an interior street (potential). It is currently undeveloped, and is proposed as 100 single-family residential lots. Public improvements, associated with the final plat, include street paving, concrete sidewalks, water lines, fire hydrants, sewer lines, street lights and drainage structures as shown. BACKGROUND. j. The site is currently within Planned Development No. 96, which permits single-family and duplex uses. An application for t single-family-7 zoning is currently being reviewed. Services and facilities, including water, gas, sanitary sewer, telephone, electrical, and solid waste, are available. I r A General Development Plan for a larger tract from which this development is divided was approved on 7/13/94. The plat { therefore conforms to the minimum requirements of the Subdivision and Land Development Regulations] Chapter 34 of s the Code of Ordinances. ~z= PROGRAMS. DEPARTMENTS OR GROUPS AFFECTEDi Property owner. ~s i ~geedako, ~penda~t~ FISCAL IMPACT: 20~ None. ° Respectfully submitted, R Lloyd V. Harrell, City Manager Prepared by, X G. ven . Yoe i Urban Planhat E k k Approved by, P Fran Ro ns, aiCP Executive Dirootor`of ?laming Q Development y r ATTACtWNTS1 4 Location map. - Preliminary plat. PH minutes. i { 1 XY X' P fv A. ,fc AWN 4 kmidaNo Q "Q ATTACHMENT 1 4gODWISM JJ McDonnell Highlands ate NORTH 1 306 5 E 0o M g k CID N 2s~ ay s tl v 1` ~ O Ir ~ r -j c SITE i rl Location Map Date: 7/04 Scale: None t owl ndaNo~ age - ATTACHMENT 2 4gendall; McDonnell Highlands We ~ NORTH ale Rapist MaOassae Kl%lealr rwtsa Lt it a of I:0 2l. f -e6 l ~ f4Z ie lot e ~ . t ~0it tI U 6 to t o10 to ' S e r' 'I Phew O r4 le.♦ e' u r txcc. c 'I i" e k0" R S 80'14' E .44.74' r , ISO f u it y'Q 6 4 3 2 I ar 1 2 4 N :o BLOXrC~Kr A f BLO K G Phase t Ict. ■'t1 C1 ? ,tJei l~ W - 8 t f■'._ ..f' _ 77 11 . t 70 61 00 ► 6 E Pl+r N NS 1 2 3 4. • g 10 9 8 7 uAi~ yr' mow; f °p 91 ti 1LOCx•C o r e~`';y ra o}; 2 10'. 9 9 nt . 3~j 4.1 7 6 11 12 13 !4 J~ r l 10 $ v S~~ ran # ' rt' rrt, 7e,. er 13 p -aS 6"e •ra fr' bS :._:j is , 7 2L'.'lM /Re ■o 0 o r ss fat at' we e.~k.t~ I ti~• t f~~~ BLO K I l• , 6,.' i Ye b a s: 4p 3 2 1 20 19 ^ 18 ° IZ k Phase It LOC IS 47 Leta i' 77 `r! ' I1 I / DSO ~a. 4 3 2 I' ' ( BLOC A ►Mas 3 .033 32 8 30 ~i 33 Leta a - i6 ► tact 0.60 Ae. . as' ti. ~4 C I~ ac' tfLl y J. AA, Wigern ` 1 py r - 6 2 t/ ■ stir, r ' Nt "J ut IET N!r rot \ I 14 ' : I f0 S 28 fu Nato _ t~ m ' V ` !yf rt 2 9 N+ 2 9 a 27 { p ' L BL 3Cx 8 i, 1 OCK d 8 L 26 '-moo. { I f' M 7 23 4 7 I a t 6' 24 V l l ¢ 23 Oil<A I _ _ • r,- IJ 1 1141 1$ 16 17 IA 19 ~ 20, t?! i2 L , S iD W~ r* COOP we J LOC A s.aaa. 1 t t i~ Sa tiS n +S'+.~ N 89030 13 W 812.67 awrar E Preliminary Plat f Dow 7/81'94 Scale: None { RT. CsY lava ' r, Venda No, ATTACHMENT 3 4aendalt / gate -W, Minutes PAZ Commission July is, 1994 Page 39' It is currently zoned PD-98 and pursuing SF7. It allows you to look at the land uses and the compatibility with the Denton Development Plan. On the 40 acres to the east, Mr. Lawrence lives there right now and will remain as is with agricultural uses. The general development plan does not include the small 1/2 acre owned by Mr. Milligan. It is notion the general development plan. } Mr. Engelbrecht: Is access on the GDP? Mr. Yost: Correct. Mr. Engelbrecht: Any questions for staff? Comments or a a motion? Mr. Norton: i move approval of the general development plan ' of the 71.077 acres owned by Mr. Jesse Lawrence. Mr. Cooper: I second. Mr. Engelbrechts A': in favor? Motion carries unanimously c. Consider the preliminary plat of 24.125 acres in two phases; Lots 1-11 of Block A, Lots 1-20 of Block B, Lots 1-10 of Block C and Lots 1-6 of Block D. Phase 2; and Lots 1-33 of Block A, and Lots 1-10 of Block B and Lots 1-10 of block C, Phase 3. Staff report given by Mr. Yost. This shows the proposed lotting, street layout, easements etc. The public improvements associated with the final Vat j > of this piece land will involve interior street paving r sidewalks along all streets, water lines, fire hydrants, sewer lines, street lights and drainage structures. There are two access points to this subdivision. The first is the obvious one the intersection of Glen Gerry, the central E spine road and McKinney. Also there is another one proposed f on the edge of the sight. The land, if approved would be SF7, both the PD and the SF7 will allow single family homes. The plat does conform to the subdivision regulation of the City of Denton. DRC does recommend approval. Mr. Engelbrecht: I would like to ask a question. I notice there is a out fall ditch 1 & 2. What will the developer have to do? i I 1 K a .+y y-C12 ` 0 ,eaOaN. -X5-JAT aendalt ~ minutes Pif Commission July 13, 1991 Page 39 b . Mr. Salmon: They will have to satisfy the property owner. The owner has the opportunity to make any arrangement he ne•.dc. Mr. Engelbrecht: Any other questions for staff? f Mr. Cochrant I move we approve the preliminary plat of 100 lots in 7 blocks within McDonnell Highlands Phases 2 and 3. Mr. Nortont i second that. Mr. Engelbrecht: I personally don't particularly care for the straight line approach to this street. We are going to have one of these streets where speed is a problem. I would like to see a curve for something to consider traffic, I make that as a comment. It does meet our subdivision regulations. All of those in favor? Motion carries unanimously (6-0). XI Consent Agenda: The following items are recommended by the staff and approval thereof will be strictly on the basis of staff recommendation. Approval of the consent agenda authorizes the Executive Director for Planning and Development or his designer to proceed with each item in accordance with the staff recommendation. a. Consider the preliminary plat of Lots 1-10, Block At and Lots 1-21, Block 8 of the Dearwood Addition, Phase 3. The 12.90 acre site is located north of Kings Row -.r and west of Farris Road, at Silverdome Road. b, Consider the final plat of Lot 1, Block 10 Denton County Maintenance Facility (previously known as Denton County Municipal Project). This 10.303 acre tract is located on Ruddell Street' south of the 1 extension of Hickory Street. 1 Mr. Cochran: I move approval of the consent agenda. Mr. Nortont Second. Mr. Engelbrechtt All in favor? Motion carries unanimously I XI. Denton Regional Medical Center, located east of Interstate 35 and north of Mayhill Road. i {'r 1 CITY cOUNCI q { , - i QNe ~ DATE: August 16, 1994 REPORT , TO: Mayor and members of the City Council FROM: Lloyd V. Harroll, City Manager SUBJECT: PRELIMINARY PLAT OF TATS 2 AND 3, BLOCK 11 GOOD SAMARITAN VILLAGE ADDITION I ' r The Planning and Zoning commission recow-endo approval, t • ~.l~ASY ~ ? The 23.309 acre sits is located at 2500 Hinkle, which is on the east side of Hinkle Dr. south of Headlee Lane. 1 i Lot 2 is currently the site of three duplex structures. The f lot Is proposed for five additional duplexes. Lot 3 is currently the site of a 4-story retirement residence. The lot is proposed for 5 duplexes. No public improvements are associated with the final plat of k lot 2. When lot 3 is final platted, drainage improvements will be required, unless they have already been made under the i Capital Improvement Program. ,t .i I~ifHl~: r The site is within Planned Develor,%ent No. 21, which ally*s 14 residential structures • and a main 4-story , building. Pa- being amended currently to allow the s ~ 1 is additional uses arcPosed. The current use is as the retirement residence (which has never been platted) and it residential structures on lot 1. Services and facilities, including water, gas, sanitary sewer telephone, electrical, and solid waste, are available. If # The plat conforms to the minimum requirements of the Subdivision and Land Development Regulations; Chapter 34 of the Code of Ordinances. PROCRAMS. DEP EvrwENTS OR GROUPS AFFECTED: i I i Ap*I Doi Property owner FISCAL IMPACTi None. Respectfully submitted, Llo V. Harrell,- City Manager Prepared by, { G. Oren Yost, ASLA Urban Planner Approved i,y, K F_ Aide, an H. R bins, AICP Executive hector of Planning & Davelopment i f ATTACHMENTS! G 1. Location map. 2. Preliminary plat. i 3. P&2 minutes. •t s4 i. x k e "a No ATTACHMENT 1 ggenCeNen 2 -82 - A& j Good Samaritan Village Addition ogle 347 NORTH s t-' atr A9w ik ~-2 1 + 1 ~IQ io~ O L AO>I O V ® o11Tp mow ® © O o ; / 111 10 ` SX'TE ° 3f M IV 11 At I"~ wq Dc li 1~ xrr ~ DD • ~ all et 0 d~ C~®Doa~ DD a a D®D a Location Map i i f Dates 7/21/94 Scale; -None s' re 1 ABendaNa, `r~ Agen ATTACEMENT 2 lkt9 T&M~~ Good Samaritan Village Addition ~Oa ? NORTH N D d~JEm 4PP, ZOW X I. EXIST S~N~pp p rVOL R37D. 895 0000 SAMARITAN VEL~ I S NE / I N LOT A8 R BL 8 PTOCK 1 I Ir I _ T3., a1 PA..C.T. t I LOT I L-W j' IEF> -cisa~c T BxRAe Q ' Ply' , ST 171.4b E 1 SEt1~L 1 I• 4z 678 y I ' -r2 1 ` 1 MV I S Ifro BLbC 1 1 84 I.47• c oPESE° \ 6~S U P I XI51NC Xi' I L c 7 ~T a s \ 674 EXIST T 672 X!T Sf•- 4P ' l DIT t <XI ORY CONC. 170, r- 67{~- 1 I FtTwEUEHt ADC P' it } i 1 i1lTIPLAW °O~r\• p~ 0 RESIDCNCE 6Rf2 F OJ°000YEAM LOT + LL ' I EX~sTr 666 OEXIST VE P ASPHALT'S ~P EXISTNO P L'~ CT ° 1 . I T ..N PA \ ' •I 664 AL Y FNE\ 1 NYfNIA ' $62 \ L PROOO~2 TAt • I ~ 1 \ \ 89'36'34• w ' 660 C f ti 20Nk XFRAM tL L. 11' TEE I THE EVAALICAL LUTHERAN I J i I No PR 8 ~3tED L01\3 G000 SAME Tx TAN SOCIETY HA 4aQ i E AChES VOLDA.D. 641 P' I Y0 rljr ✓ \ \ ZONED P°-21 ; kY 872.31' rg 0~ . f T1 Pr1;UmWary- Plat Q I ~ ~ iQP Date: 7/21/94 Scalec None I aAr 1 agenda No _9-~=-~~-~--- endaft SBZ ATTACHMENT 3 P 6 Z Minutes j July 27, 1994 Page 6 5-e 7 a b. Hold a public hearing and consider the preliminary plat of Lots 2 and 3. Block 1, Good Samaritan Village Addition. The 23.309 acre site is located on the east side of Hinkle Drive (2500 Hinkle), south of Headlee Lane. Staff report given by Owen Yost. { i The preliminary plat covers 23.309 acres and the only part left out that was not included, but was included in the planned development was the top lot. You are looking at the preliminary plat of Lots 2 6 3 of the Good Samaritan Village Addition. There are no public improvements associated with the final plat of toot 2. Lot 2 is the lot on which the immediate development would take place. There are no public f improvements here. When Lot 3 is final platted, they become obligated to reconstruct the ditch in front, unless at that time the ditch has been reconstructed by monies available from out Capital Improvement Plan. This is on our Capital y Improvement Program and it may happen. At this time we don't know, there is a bond sale out there and we have no idea how it will go. The applicant intends to only final plat Lot 2 at this time. } The DRC does recommend approval of the preliminary plat. r j Mr. Cochran: What type of drainage improvements would they be ( required to perform? 4f Mr. Salmons The ordinance would require them to install a lined channel across the frontage where the existing grass channel is now. Mrs. Russells Any questions or a motion? Dr. Huey3 Would you repeat what you just said? f^` Mr. Nortont I need a repeat also. Mr. Salmon: If the channel is not already improved when they do the final plat of Lot 3, they would be required to install a lined channel across the frontage down to where it i intersects the flood plain. Mr. Nortont what do you mean by a lined channel? Mr. Salmons Any type of hard surface, whether it be gabians, i rock, concrete, etc. Our ordinance will allow them to use any j of those types of materials. I x~w r I a.w... pQ~Q8N0 g ' IC A90odal - ~ do~7 E p 6 2 Minutes Date July 27, 1994 Page 7 G Mrs. Russell: Isn't there a channel there now? Mr. Salmon: It is a grass lined channel, it holds water. It has a lot of silt in it. It is the reason the residents came into the CIP program. ion of the channel came and this relate to the Dr. Huey: talked to us about? I the r Mr. Salmon: This is the same section that the residents were complaining about. We will probably do this in the CIP if the bond election passes and we sell bto that roil they plat have come in here to do platting prior the property more than two years before we do the improvements, then they are required to do them. ! Dr. Huey: I thought that draw went up and cam3 around to the 4 east? Mr. Salmon: It does, part of it is already concrete lined. There is a section included in the CIP project. Our CIP project includes a little bit more than what I showed earlier, but it is basically the same. j Mrs. Russell: Any further questions or a motion? Cochran: We have been discussing this CIP for several Mr. years. It is my opinion that the condition of that creek is a condition caused by Good Samaritan. They rerouted the creek i to make it blend with their parking lot a little better. I have some concern about that as a CIP expense of the City of Denton. I am glad to see it here as a condition here for Good II Samaritan. I am concerned also with the taxpayers here in the oity. Mrs. Russell: Any further comments? l Dr. Huey: We have noted the drainage improvement that will be ! required. Have we any authority to require the attention to t of that or is that beyond the other part of because the draw as a of the platting? our power j Mr. Yost: Since the bulk of the ditch is not bding final platted, it is beyond your power until they do choose to final plat that area. With the final plat of Lot 1, we will only i lick up a very small area of that ditch in the final plat. No ; ! mprovements are required with a preliminary plat. Dr. Huey: The section in the CIP will be coming before us WWI VeWaNo^qy-0 ~b 400031 { rate -y p i Z Minutes '7~ -7 i July 278 1994 E Page 8 again? Mr. Yost: Yes, with lot 3. There is no telling when Lot 3 will be final platted. Mrs. Russell: Further discussion? f Mr. Norton: I move approval of preliminary plats of Lots 2 & 3, Block 1, of the Good Samaritan Village Addition. Mr. Cooper: I second. Mrs. Russell: Any further discussion? All in favor? All opposed same sign? Motion passes (7-0). IV. Hold a public hearing and consider the final replat of Lot 1, Block 1, Denton Regional Medical Center Addition, plus f a 12.6 acres of unplatted land into Lot iR, Block 1. The " 40.138 afire tract is located northeast of interstate 35E and northwest of Mayhill Drive. Staff report given by Owen Yost. { I would like to withhold the recommendation until the very end of my report. There is a modification of the recommendation from what is written in your backup. This replat is near Mayhill and I-35. It includes approximately 12.6 acres of previously unplatted land. At previous meetings the plats of the Southern Hills Addition or Colorado Blvd. and The Hill Crest Addition have been partially vacated. The vacation instruments will be filed prior to the 4 filing of this replat. The applicant does propose to pave and do median landscaping within the Colorado Blvd. section shown. There are public improvements associated with the final replat. It includes paving and median landscaping, sidewalks, 8 inch water line, approximately 6 fire hydrants, sewer lines, 11 street lights, and several drainage structures. These are shown on the drawing. In addition to that the applicant will be dedicating and building a short portion of Loop 288, The site is currently zoned commercial with conditions. The hospital, which is under construction, is allowed. The replat does conform, with the following conditions, to the subdivision regulations of the city. The vacation instruments j I previously mentioned will be filed with Denton County once they ate obtained and have been through the proper review. j ~ i f f 1 ~w I L =CITYF COUNCI4 r f ' w , 3 ! y j r 1 a at pr ~ t. F4 , f„ t It I 1 , r • t FA i No W 2-& /0(q ORDINANCE NO. u i i AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES1 PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR j AN EFFECTIVE DATE. WHEREAS, the City .has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law and city ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, aupplies 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 COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS. pp SECTION I. That the numbered items in the following numbered I bids for materials, equipment, supplies, or services, shown in the j "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such itemsi BID ITEM NUMBER NO VENDOR AMOUNT 1652 ALL FLOYD SMITH CONCRETE EXHIBIT A j SECTION II. That by the acceptance and approval of the above numbered items of the submitted bide, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services In accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. A } I 1 1 'ALM r ApANO 169 ORDINANCE NO. I AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FAR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE, f WHEREAS, the City .has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the i lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and t WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materiels, equipment, supplies or services approved and accepted j herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSi I ;..1 SECTION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved h as being the lowest responsible bids for such items BID ITEM i NUMBER NO VENDOR AMOUNT 1652 ALL FLOYD SMITH CONCRETE EXHIBIT A I i SECTION 11, That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of k the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. 77, i "Oki gw aNo 9y'6 ~endait I late -0 SECTION III. That should the city and persons submitting approved and accepted items and of the submitted bids w.,,sh to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated represertative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms; conditions, approved nand ned in ne thfiBid i Proposal and related documents specified accepted. SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City 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. f SECTION V. That this ordinance shall become effective Immediately upon its passage and approval. F PASSED AND APPROVED this day of , 1991. i' i BOB CASTLEBERRY* MAYOR T1 , ATTES JENNIFER WALTERS, CITY SECRETARY I i BYs APPROVED AS TO LEGAL FORM: DEBRA A. DRA?OVITCH, CITY ATTORNEY 7 ~ BY: I It. 1 ~a elm, 01 1652 ~ID lgowalt BID NAME CONTRACT CONCRETE 'FLOYD MITH Oato . . JULY WORK 994 EXHIBIT A OPEN DATE PAGE 1 OF 3 2.11.5 EA RING AND COVER (INLETS) $200.00 ' 3-A SY REMOVE CONCRETE PAVEMENT $ •30 3-8 LF REMOVE CONCRETE CURB & GUTTER 3_0 SY REMOVE CONCRETE DRIVEWAY. 's 116.20 & SIDEWALK 3.3 CY UNCLASSIFIED EXCAVATION "'00 0 $5 'OD b ~.9 6.7-8 T TN 575N 2' ASPHALT PAVEMENT .00 (TYPE D PATCH MATERIAL) :43.00 5.8A-2 BY 4' CONCRETE FLATWORK (COLORED AND TEXTURED) h 6.8-A r CONCRETE US PAVEMENT ; (RAD, ETC) 0 TO 60 SO YDS 129.25 A SY 60 70 100 SO YDS $28.00 B' SY 100 TO 500 SO YDS $25.75 4', BY '8 CONCRETE PAVEMENT 6.8-B (RADIUS, ETC) Y =32.40 0 TO 60 80 YDS A V 60 TO 100 SY YDS $31.16 0 B. S 100 TO 500 SO YDS $28.9 KFiLL 5.0 kCK CONCRETE $45.00 8.2 MANHOLE ANDRAINLETS~ 8.7.2-A EA .10(GD,lUST .00 7.6.A-1 EA 4' ID MANHOLE (0' TO a DEPTH) $1,200 E EXTRA DEPTH $100.00 7..A-1 VF 4 7.6.A-2 EA 6'X6' JUNCTION BOX $1,300.00 E; (0' TO 8' DEPTH) :100.00 7.6.A-2 VF EXTRA DEPTH 1 4' INLET 0'TO 6' DEPTH $1 250.00 7.8.A -3 EA i j j ` l ' E j i BID # ---1652 ~gandaNo. BID NAME CONTRACT CONCRETE FLOYD 4ge~datt i WORK SMITH Date ' OPEN DATE JULY 21, 1994 EXHIBIT A PAGE 2OF3 F ; Y,a MIN . 7.6.A.-3 VF EXTRA DEPTH $100.00 7.6 A-4 EA 8' INLET (0' TO 6' DEPTH) $1,450.00 ' 7.6.A-4 VF EXTRA DEPTH $150.00 (1) SY 7.6.A-5 EA 8' INLET (0' TO 6' DEPTH) $1,550.00 7.6.A-5 VF EXTRA DEPTH $150.00 7.6.A 6 EA 10' INLET (0' TO 6' DEPTH) $1,650.00 7.6. ; 4 VF EXTRA DEPTH $200.00 7.e.A-7 REBUILT INLET (REMOVE AND REPLACE TOP) A. EA 4,1NL.ET $700.00 I B. EA 6' INLET $750.00 0. EA 8' INLET $800.00 D. EA 10' INLET $850.00 7.6.A=8 REBUILT EXISTING INLET $1,500.00 1 (SPECIAL) ' A. EA 4' INLET $1,600.00 B. EA 6' INLET $1,600.00 C. EA 8' INLET $1,800.00 EA 10' INLET $2,000.00 ' D. 7.6.A-9 EA INLET SITE PREPARATION $150.00 8.1 LS BARRICADES,WARNING $250.00 f SIGNS & DETOURS 1 8.2 LF DOWEL-ON INTEGRAL CURB $4.00 8.2--A CONCRETE CURB & GUTTER A. LF 0' TO 250' $7.75 B. LF 250' TO 1000' $7.00 0. LF 10001-UP $6.50 8.2.A-1 LF OVERLAY MILLED CURB $4.00 O'TO UP i E' 1 6. f i 4 WNW- 1652 ganoana BID NAME CONTRACT CONCRETE FLOYD ;:X7s-dX OPEN DATE JULYW2RK gMITH PAGE30F3 4 ' c Y»,. S t 8..2A-2 LF 30' SURMOUNTABLE CURB $10.60 r" A SY V CONCRETE DRIVEWAY 0 TO 60 SQ YDS $29,25 B. SY 50 TO 100 SQ YDS $29.26 C. SY 100 TO 600 SQ YDS i t 8.3-A $26.76 r . , ~ A. SY 4' CONCRETE SIDEWALK 0 TO 60 SQ YDS $27.00 B. BY 50 TO 100 SO YDS $24.75 • C SY 100 TO idr* SO YDS $20.25 } 8.4 SY CONCRETE MEDIANS $20.25 8.6 SF CONCRETE STEPS 8.16 SY CONCRETE RIP RAP $289.25 8.48 EA. ABANDON INLET/LATERAL $500.00 SP-1 LF SAW CUT EXISTING ASPHALT $1.60 . SP-2 LF. SAW CUT EXISTING CONCRETE) $3.00 SP-3 CY STRUCTURAL CONCRETE $325.00 (CLASS SP-4 CY CON C FOR U) ' STANDARD BASS $160.00 SP-6 EA CONC FOR TRAFFIC $275.00 CONTROLL ~ i PULL BOX f Y F✓ 1~4 F 1 1 s' tt Q A: a:r02N0 ►esf02 it dad9 DATE: August 18, 1994 CITY COUNCIL REPORT TOr Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1859 - CONTRACT CONCRETE WORK 1 RF.COW&ENDATION: We recommend this bid be awarded to the lowest bidder, Floyd Smith Concrete in To amount listed on Exhibit A. Annual estimated expenditures are approximately $125,000.00. SUMMARY:. This bid is an annut t contract for maintenance, repairs, and new construction consisting of concrete work listed on attached Exhibit A. Any project estimated to exceed $15,000.00 may be bid" a separate project. The intent of this bid is to have a contractor and a fixed price for curb, sidewalk, driveway repairs, and other related services due to street and/or utility work. Sixteen notices were mailed and only two contractors responded: BACKGROUND: Tabulation Sheet PROGRAMS DSPARMUM ROUPS AFFECTED: City of Denton Street rtment; city an o er C ty artments. CAL s, Ftmda for ME& o ~Aun . g. Each projec~ivill be charg may to the appropriate fund fundBond Res ully sub : o Harrell City Manager Approved: f am . om S w. C.P.M. Title: Purchasing Agent f, W4 ry .91M • 1 .aIAaNO ie~oait 71. ~ad9' DATE: August 18, 1981 CITY COUNCIL REPORT 4 TOr Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager 4 SUBJECT: BID # 1652 - CONTRACT CONCRETE WORK i RECOIMIDIDATION: We recommend this bid be awarded to the lowest bidder, Floyd Smith Concrete ffWe amount listed on Exhibit A. Annual estimated expenditures are approximately $125,000.00. SUMYARYs This bid is an annual contract for maintenance, repairs, and new construc n consisting of concrete work listed on attached Exhibit A. Any project estimated to exceed $15,000.00 may be bid as a separate project. r The intent of this bid is to have a contractor and a fixed price for curb, sidewalk, driveway repairs, and other related services due to street and/or utility work. S been notloss were mailed and only two contractors responded. BACKGROUND: Tabulation Sheet .f . I $ PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: City of Denton Street sKmento City o Denton Utilities and of er ty Departments. FISCAL WACTs Funds for these projects may come from budget funds, Bond ' un s or C Tunaing. Each project will be charged to the appropriate fund source. ` Res ally sub v. lotd V. errs City Manager Approved: ! ame: um . B.,aWP.M. Titles Purchasing Agent cif { r' r, f rf\e •:n:. MM1. 1 I , i OID NAME CONTRACT CONCRETE DENTON FLOYD WORK PAVING & SMITH PEN DATE JULY 21, 1994 CONST. PAGE 1 OF 3 E :JF- i 2.11.5 EA RING AND COVER (INLETS) $160.00 $200.00 3-A SY EMOVE CONCRETE PAVEMENT $10.00 $0.30 + 3-B LF REMOVE CONCRETE CURB $3.00 $4.60 GUTTER 3-C SY REMOVE 8PICRETE DRIVEWAY $70.00 $16.20 3.3 CY UNCLASSIFIED EXCAVATION $10.00 $9.00 3.9 Sy SOD $3.60 $5.60 6.7-9 TN 24 ASPHALT PAVEMENT $76.00 $76.00 (TYPE D PATCH MATERIAL f 6.8A-2 SY 4 CONCRETE FlATWORK) $27.00 $43.00 f j (COLORED ANO TEXTURED) i 6.8-A 86 CONCRETE PAVEMENT (RADIUS, ETC) A. BY 0 TO 50 SO YDS $29.76 $29.25 B. SY 60 TO 10M SO YDS $28.60 $28.00 C. SY 100 TO 600 SO YDS $27.26 $25.76 , 08 CONCRETE PAVEMENT (RADIUS, ETC) A. BY 0 TO 50 SO YDS $32.60 $32.40 a B. Sy 60 TO 100 SY YDS $31.00 $31.16 I C. SY 100 TO 600 SO YDS $30.00 $28.90 8,2.10(0) CY NE SACK CONCRETE BACKFILL $50.00 $46.00 6 7.2-A ' EA ADJUST MANHOLE AND INLETS $350.00 $550.00 7.6.A-=1 ' EA 4' ID MANHOLE (0' TO 6'DEPTH) $1,000.00 $1,200.00 7.0,A-1 VF EXTRA bEPTH $260.00 $100:00 ?.8 A-2 EA 6'X6' JUNCTION BOX 511100.00 $1,300.00 (0' TO Of DEPTH) -2 VF EXTRA DEPTH $250.00 $100.00 S-e li•. .G.A.-3 EA 4' INLET OTO 8' DEPTH 1 000.00 $1,250.001 , 'f 1652 j ID NAME CONTRACT CONCRETE DENTON FLOYD WORK PAVING & SMITH JOPEN DATE JULY 21, 1994 CONST. i PAGE 2 OF 3 DESCRIPTION )-3I VF EXTRA DEPTH $260.00 $100.00 ~7.6.A-4 ! EA 6' INLET (0' TO 6' DEPTH) $1,100.00 $1,450.00 7.6.A-41 VSY EXTRA DEPTH $300.00 $160.00 1 ~7.6.A-5 EA 8' INLET (0' TO 6' DEPTH) $1,400.00 $1,660.00 7,6.A))-6 VF EXTRA DEPTH $350.00 $160.00 7.6!x=6 EA 10' INLET (0' TOO' DEPTH) $1,600.00 $1,650.00 7. ~'-4 VF EXTRA DEPTH $400.00 $200.00 I w ^ 7.6.A-7 REBUILT INLET (REMOVE AND l REPLACE TOP) s A. EA 4' INLET $760.00 $700.00 6' INLET $776.00 $760.00 B. 00 $600.00 Q. EA 0' INLET $825.00 $860.00 C' 7.8.A-8 REBUILT EXISTING INLET $1,800.00 $11600.00 (SPECIAL) A. EA ` 4' INLET $1,600.00 $13600.00 C; EEA 6' INLET $11200.00 $1,60.00 A W INLET $2,400.00 $1,600.00 D. EA 10 INLET $2,600.00 $2,000.00 7,6,/C.-9 " EA INLET SITE PREPARATION $150.00 $150.00 t' 8.1 LS BARRICADES,WARNING $260.00 $260.00 I SIGNS & DETOURS 8.2 LF DOWEL-ON INTEGRAL CURB $4.60 $4.00 :I 8.2-A CONCRETE CURB & GUTTER r A. LF 0' TO 25W $8.00 .$7.75 B, LF 260' TO 1000' $7.60 $7.00 O. LF 1000'-UP $6.60 $8.50 8,2,A-1 LF OVERLAY MILLED CURB $10.00 $4.00 t O'TOUP 7 y Aq Y t i' f ..w.7 1852 BID NAME CONTRACT CONCRETE DENTON FLOYD WORK PAVING & SMITH OPEN DATE JULY 21, 1994 CONST : PAGE 3 OF 3 t 777777 "VERE-RW7, ``..a.,.. , . 8.2.A-2 LF 30' SURMOUNTABLE CURB $0.00 $10.50 8.3 ON CONCRETE DRIVEWAY . SY 0 TO 60 SO YDS $30.00 $29.25 0. SY 60 TO 100 SO YDS $28.00 $29.26 C. BY 100 TO 600 SQ YDS $26.00 $26.75 8,8-A 4' CONCRETE SIDEWALK $27.50 $27.00 A. SY 0 TO 50 SO YDS 50 TO 100 SQ YOS $21.00 $24.76 Ct ` SY 100 TO 1060 SO YDS $20.00 $20.25 8.4 SY CONCRETE MEDIANS $20.00 $20.25 8.6 SF CONCRETE STEPS $25.00 $8.60 8.15 SY CONCRETE RIP RAP $29.50 $28.26 8.48 EA ABANDON INLET/LATERAL $300.00 $500.00 SP-i LF i SAW CUT EXISTING ASPHALT $3.00 $1.60 Sp-2 LF AW CUT(EXISTINO CONCRETE) $3.60 $3.00 SP-3 CY STRUCTURAL CONCRETE $330.00 $325.00 CLASS U)GHT $250.00 $150.00 SP--4 CY CdlJ s STANDARD BASES SP-B EA CONO FOR TRAFFIC 5400.00 $276.00 CONTROLL PULL BOX f ~ ``4~ W r ^1 1. 1 7 r CITY' r. COUN 11 a - f G ~ ~ ~I P f ~ A i i 1 k i r• f _ j rC4s„j ~ I ~ ! 1 r A A ! J~ 1 r f .h T aa7 a~ 1 AQ"Nd ~~+GIL RAYC!RT IORK T `,vf 9 ~ c i pAni August 16, 1994 Tot Kayor and Kembere of the City Council }RCKI Lloyd V. Barrellr City Kana9er i 809.11CTI Easement Abandonment - douthridge Estates E ation The Dsv*lopM*nt Review Committee and Planning and toning Commi recommends appeoval. illustrate the easement tracts for the proposed abandonment, late h nt Tp The attached hoAll in con unction with the platting that of "h8outhridge Rotatese,ePhasement aTh: eO sewer lino will be abandoned and a new aver line will be installed withinna platted utility easement. IDS P tnginaezing Dapastasento Utility Department, Trandmaker Homes. r I Kos". I t PE Y SVIM DI e 2ll acre city Kanager Prepared bye s ~ av amson t 19ngine9ri4each SI/RDM ; Approved I Octo Engineering i Transportation ~ I . AEE00398/31/cg i yry.lY}IIL+/Y V.T. ..'MLA . rai 1410K41(R.0R0 ,y o~ta ~q 4 ORDINANCE NO. AN ORDINANCE PARTIALLY VACATING CERTAIN PUBLIC UTILITY AND DRAINAGE EMENENTS RECORDED IN THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS AT VOLUME 1686, PAGES 0852, 0858 AND 0860; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton has received a request from Don Allen for the partial abandonment of certain public utility and drainage easements; and WHEREAS, the City Council of the City of Denton has determined that those portions are n no longer need d for utility public use; drainage easements being vacated WHEREAS, the fair market value of the vacated portions of the public utility and drainage easements have been determined and received, as required by section 272.001 of the Texas Local Government Code and DENTON, TEX., CODE ch. 2 art. IV. (1991)1 NOW, THEREFOP.E, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; fij TioN i. That those portions of the public utility.and drainage easements described in Exhibits "A-1" and "A-2", attached hereto and incorporated herein by reference, and recorded in volume 16860 Pages 0852, 0858 and 0860 of the Real Property Records of Denton County, Texas, are permanently vacated and extinguished as public easements, to the extent described in said exhibits. fi=ISN_ 11. That by reason of such vacation the City of Denton's property interest in the vacated portions of said ease vents shall, by operation of law, revert to the owner or owners abutting the easements herein abandoned, and the City of Denton releases any and all claims to the use of the vacated portions of said property as public easements. RFCTiON IIi. That this ordinance shat: become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the day of 1994. BOB CASTLEBERRY, MA%DR { I Ap*No Ape4idel ATTEST; JENNIFER HALTERS, CITY SECRETARY BYt APPROVED AS TO LEGAL FORS: i DEBRA A6 DRAYOVITCHs CITY ATTORNEY • 4+!~ ~w r M • f + w4 } ' ~ i PAGE 2 ( Ap *No AoWal EXHIBIT Wit BEING a portion of a 18' Drainage and utility Easement given to the City of Denton, Texas as k recorded In Volume 1686, Page 852, Real Property Records (R.P.R.), Denton county, Texas and being a part of a 43.782 acre tract of land conveyed to Centennlal Homes, inc. DBA, Trend Maker Homes as recorded In Instrument Number 94•R0003327 R.P.R., Denton County. Texas, the portion of Bald easement being more particularly described as follows: COMMENCING at a 5/8' Iron rod set for the southwesterly comer of said 43.792 acre tract of land, and being in the easterly right-of-way fine of tilflan Miller Road (80' R.O.W.); THENCE N 88043'53' E, along the southerly kne of said 43.782 acre tract, same being the northerfy Ilse of that certain tract of land described to Hersham Developemenl Corporation as recorded in deed in Volume 3453, Page 547, D.R.D.C.T.,1150.80 feet to a point for comer; THENCE N 04044125' E, 27.58 feet to the THE POINT OF BEGINNING; THENCE S 43000'57' W, 31.87 feet; THENCE N 88043'53" E, 44.72 feet; THENCE N 43°00'57' E, 103.68 feet; THENCE S 0444425' W,151.68 feet to the POINT OF BEGINNING and containing 642 square feet of land, more or less. 0 1D332e+ot12a11Ex02 NS ' Of= .ru+..a +004 0 5 66 to 44"a *to I i 41AItY a woo" 1N of i au / I t t 'r ~pendaNo Age~al EXHIBIT -A-2- Date0~9 BEING a portion of a 16' Drainage and Utility Easement given to the City of Denton, Texas as recorded In Volume 1686, Page 858, Real Property Records (R.P.R.), Denton county, Texas and being a W of a 43.792 acre tract of land conveyed to Centennial Homes, Inc. DBA, Trend Maker Homes as recorded in instrument Number 94-80003347 R.P.R., Denton County, Texas, the portion of said easement being mare particularly described as Wows: lBanndd W and being In / the eaassterey rfound ight-of-way lines oLi Irian M er Road (80' 43.792 .);ae trey of THENCE N 88°39'49' E, along the northerly One of said 43.792 acre tract, 28.91 feet; THENCE S 28049'OX W, 21.22 feet to a point for the beginning of a curve to the left having a radius of 880.06 foot; !3 ALONG said curve to the left through a central angle of 20°03'60', for an arc length of 303.18 ! feet THENCE S 82038'13' E, 291.20 feet; j THENCE S 05041'1111' E, 16.42 feet; i THENCE N 82038'13' W, 294.88 feet to a point for the beginning of a curare to the right hag a radius of 898.06; i". ALONG sold curve to the right through a central e.o& of 216017', for an arc length of 339.22 feet to a point In the easterly One of said LJIUWn Miller Road; THENCE N 28649'03' E, Wong said easterly right.of-way, 23.03 feet to the POINT OF BEGINNING and containing 0.239 acres (10,422 sq. ft.) of land, more or fees, r O:V6332Wf0112E1EXb1.fNS June e, 1064 i OF U off 40 r, ~ +V I f 1 ~ ~ 35 I -ASE fy ~Pj tea LO Q TRACT °A-2" P TRACT "A-V 7FASiF Lit. LOCATION MAP M seV. 1 1 3' ~ 4v ~~fk l CMTDOM mm W. MA uric am AM i Iwo 53 f 1 E PAN %.M:" own TO BE AWMNED TRACT NA- 1 Nf r S~! S4 h t ~ CQIII~T '!-1` PARRAL tAXMDft AOMDOHCNT ~lhf~~1~M WtiIGMAOt R U1llTY [AlWONt { VOI. t11i. K aS! a I I I , A I INDOAAM NOM FT i H -MM TO BE ABArDOPEO jy I TRACT "A-2" I, a f I w ff 7 r i 5 I I 7 w w Mu" -"Wt PAA?I& [Alft"I~A&V o&", NbIlAL0[ ! unify Ennui a . I VOL till. t pa ~ !k1! i w.u.~ ~ ageneeNo. D :4penaanea Date ' p Minutes P&S COMIssion 9 Julp 13, 1994 Page 43 DRC does recommend approval of this replat. Mr. Enge 7brecht: Any questions for Mr. Yost? Any comments or a motion Mr. Norton: I move that we approve the preliminary replat of Lots i and 2, Flock 1, Denton Regional Medical center, plus 12.6 acres of unplatted land into lots iR and.2. Mr. Cochran: I second. Mr. Engelbrecht: Any discussion on the motion? All in favor? Motion carries unanimously (6-0). XII. Consider the partial easement abandonment located in { Southridge Estates. { Staff report by David salmon. This shows Phase I and the future Phase Ii. both of these easements are utility easements. Currently there are sanitary severs lines in these easements. They will be rerouted when they construct Phase I of Southridge Estates Subdivision. These particular easements donOt line up with any of the lots e or streets. They are providing alternate easements that fit in with the alignment of their streets and loti. They will be relocating the sanitary sewer into that qsw easement. We will be getting an equivalent easement in replacement. We will not file this vacation document until the plat is filed. we won,'t have any period of time when we have a sewer line but no easement. The DRC recommends approval. Mr. Engelbrecht: Any questions for staff, 'comments, or a motion? Dr. Huey: I move approval of the partial easement abandonment with the provision that the alternate easement be tiled with it. Mr. Norton: I second. Mr. Engelbrecht: It has bean moved and seconded with the condition that-it filed with the final plat.. All in favor? Motion carries unanimously (6-0). XIII. Acquisition of park land. j Staff report by Mickey Ohland. ff i u Y~~____ s NOUNCI. r 1 .4> Y r 7 ~ F R 1 Y. 1 't ~tYQ~ f f' ~ 1 P1~F i 1 1 i t ' 01' b ra ~ >t/1 y~ i• y Ap* V CITY 000NC11. OxDA9T Me..~s tyV ~A10 DATit July 25, 1994 i .i j TO1 Mayor and Members of the City Council TAOMt Lloyd V. Harrell, City Manager r SOSJXCTt No j parking at the Denton Municipal Complex A i j pprovs no parking at tour different sense as indicated on the attached map, ~ Traffic Safety Commission has reviewed this request and recommend approval. SUMMU Do Bruce Kennington, racilities Manager, request four no parking sores at the complex to allow pedestrians safe access to the facility. The major reason for this is that the complex also houses the North Central Texas College. Students who are attending classes occupy much of the parking. This has created some problems at the complex since they ware already in the 70mplgx ' when City staff moved in. 8uman Resources, Personnel Services are located at the complex. The Police and Nunlcipal Court departments will locate thorn in the near future. PROGRA . Human Reeources, Personnel Services, Police and Muni North Central Texas College, students attending the call al Cou it dewMillnts, * City of Denton personnel, and citizens visiti the a' Morrison Milling, ng omplex rIaCAL IMDACT~ Provide a safer environment for employees, tenants, and visitors to the complex with cost estittated at approximatel t ~ Y $500. ? AiSPE LY BDSMI Do arre Prepared bye City Manager Dl o of ngiesring G Transportation t.. ApprovedI 0 r taraof nglneerinq i Transportation ARZOO39OW t r t r. Yb{VIMM+I M... .o- . ter. • • rY':W4nVYy SWOa D i C/TYOf DtBMTOW, TEXAS MUNICIPAL BUILDING / 215 E MCKINNEY / DENTON, TEXAS 7,6201 MEMORANDUM 1 DATES July 25, 1994 17 TOs Rick Svehla, Deputy City Manager FROM3 Jerry Clark, Director of engineering i Transportation SUBJECTS No parking at the Denton West Municipal Complex Bruce Hennington, Facilities Manager, has requested no parking for four cones at the DMC complex to allow pedestrians safe access to the facility. The major reason for this is that the complex also houses the North Central Texas • College. Students who are attending classes occupy much of the parking.` This j { has created some problems at the complex since they were already in the complex j whin city staff moved in. € Recently, Human Resources and Personnel Services moved to the complex. The Police and Municipal Court departments will locate there in the near future. The onclosed map describes parking. The college uses the south end of Lot A and ? parts of Lots C and D. ' This request addresses no parking zones at the following locations 1. The first no parking location is in front of the entrance at the west olds of the complex. It provides access mainly to Human } Resources, Information Services, and the college. 2. The second no parking request is directly in front of the piasa which services the entire complex. It is only a short distance from Railroad and West Hickory intersection on the north side. 3. The next no parking tone is in front of the court complex entrance on the north side of Hickory. 1. The last no parking request, which staff recommends to be painted yellow, is at the driveway entrance to Lot C on the south ride of Hickory just east of the main driveway. This is to protect the line } of site for delivery exits. Additional parking restrictions may occur on Railroad and Hickory. However, the approach is to let this system continue to evolve so that the future proposals can be quality based so as to have long term lasting affects not based on emotlore and perceived needs. The Traffic Safety Commission recommended approval at their July 11th meeting. AEE003Dt 81716688200 01FW METRO 434.2529 K::+ yr VONO C two CM of WNTOK TIXAS MUNICIPAL BUILDING / 215 E McKINNEY / DENTON, TEXAS 76201 MMAANDVH DATSe July 45, 1994 TOe Rick Svehla, Deputy City !tanager i ►ROMI Jerry Clark, Director of Sngineering i Transportation SUMCTe No parking at the Denton Nest Municipal complex Bruce Hennington, racilities Manager, has requested no parking for four cones at the DMC complex to allow pedestrians safe access to the facility. The major reason for this is that the complex also houses the Worth Central Texfs t College. Students who are attending classes occupy much of the parking. This I has created some problems at the complex since they were already in the complex ti when City staff moved in. Recently, Human Resources and Personnel Services moved to the complex. The Police and Municipal Court departments will locate there in the near future. The encloood`map describes parking. The college uses the south end of Lot A and i parts of Lots C and D. i This request addresses no parking sons at the following loeationse ! I. The first no parking location is In front of the entrance at the E 1 west side of the complex. It provides access mainly to Human Resources, Information Services, snd the college, 2. The second no parking request is directly in front of the plaza which services tho entire complex. It is only a short distance from Railroad and Nest Hickory intersection on the north side. 3. The next no parking zone to in front of the court complex entrance on the north side of Hickory. 4. The last no parkinq request, which staff reeommonds to be painted yellow, is at the driveway entrance to Lot C on the south ■lde of Hickory just east of the main driveway. This is to protect the line of site for delivery exits, r Additional parking restrictions may occur on Railroad and Hickory. However, the approach is to let this system continue to evolve so that the future proposals can be quality based so as to have long term lasting affects not based on eo~otLons and perceived needs. r The Traffic Safety Commission recommended approval at their July 11th meeting. AtS00302 ! 8171566.8200 D/FW METRO 434.2628 ne> i +gendaNo 4gendalt y Traffic Safety Memo We Jun* 29, 1994 3~Jf Page 6 v' ITEM 06 NO PARUNG AT THE DEHTON wear ~^„ii re EXI Enclosed is a memo from Bruce Bennington, facilities Manager. His letter addresses four zones where no parking is required to allow Pedestrians to safely access the facility. } The major reason for this Is th Central Tr as College. at the complex also houses the Borth much of the parki Students who are attending classes occupy . This has since they were already in the complex when Citobls at the lex yemat !f movedoIn. ' Recently, Human Resources and Personnel Services moved to the complex, The Police and Municipal Court departments will locate there in the near future. 4 The enclosed map describes parking. The college uses the south end of Lot A and parts of Lots C and D. This request addresses no parking sons at the following loeatlone 1. The first no parking location is in front of the entrance at the west side of the complex. It provides access mainly to Human Resources, Information Services, and the college. 2• TLe second no parking request is directly in front of the r a Plaza which services the entire complex. It is only a short r distance from Railroad and Heat Hickory intersection on the " north side. 3. The next no parki entrance on the north zon* aideiofiHickory,of the court complex 4. The lest no parkl request - painted yellow, i ~t drivewayc entrance to Lot Os notte south side of Hickory just east Of the main driveway. This to to protect the line of site for delivery exits. Staff wants the commission to also consider the handicap spacing to the south of Hickory, directly across from the plaza, and along the north side of Hickory just west of the access to the Police parking Lot B,, and to the east of the no perking previously considered there. { Additional parking restrictions may occur on Railroad and Hickory. However# the approach is to let this system continue to evolve so r: that t_he future pproposals can be quality based so as to have long not Staff rec iosmendsf approval of bas a 1 those &ones as proporb needs, i A22003DE I E ' I r , ~endlNO. Agg" Traffic Safety Minutes Date July lit 1994 'Ipad I page 14 y ITEM 06 NO PARKING AT THE DENTON n+I IPA! .p7..• Clark presented the request. He said this complex is located at Railroad Avenue and East Hickory street. The building is the old Moore building that was dedicated to the City. Human Resources and Information Services are currently located at the complex. The i Police Department, Court Clerks, and Judges are to be relocated f! E there soon. There are two tenants in the building. The North Texas Community College Is located on the top level of the building and their entrance is on the west aide near Human Resources. Morrison Milling occupies a space at the northeast end of the building. Their parking and entrance is on the northeast side of the building. other employee and customer parking are located on the west side of Railroad Avenue in Lot A and on the southwest corner of East Hickory in Lot C. The Police Deppaartment's parking lot is located s at the southeast side of the building in Lot e. More parking may I ! E A line of sight problem exists at the corner of the entrance to parking Loot C and East Hickory when vehicles park along Hickory. facilities Management proposes no parking at (1) the east side of Railroad Avenue at the DMC west entrance, (2) along the north side of Hickory street at the main DMC entrance, (3) at the north entrance to Lot C on East Hickory west of the handicap parking, and (4) on the north side of East Hickory at the court and police departments entrance. Students attending the college have been parking long periods of time at the entrance to Hunan Resources on the west Side along Railroad Avenue. No parking is proposed at this entrance. Parking is available to them in Lot C on the South side of East dickory f street, Handicap parking is also addressed. Handicap spaces are proposed for those visiting the court and police areas along the south Side of the building on the north Side of East Hickory. Other handicap spaces are available in Lot C across the street and on East Hickory r in front of Lot C. Duncan asked if Morrison Milling had adequate parking. Clark said J yes, Devine asked If Morrison Milling was aware of these r parking d requosts. Clark said they are tenants. Gore asked It there was enough staff parking on the west side. Clark said yes. Dotson asked if there would be any 7 hour tie t'r:e will be some des! ad parking limits. Clark Jnta away, parking but will be 3 to 6 AEE003fb Y1/4p tl F AQ1AdtN0 lift ! k TCAULO Safety Minutes July I1, 1994 S~p Woe 1S STAFF RROONMXNDRDI Approval OWDI18820NRR8, Dwane made a motion to accept staff's proposals for no parking on Railroad Avenue and Rost Hickory at the Municipal .Complex. Singleton seconded the motion. Notion passed unanimously. i 1 ti. F. , ft`~ ~ . i Al 1 1 ! 1, ARR0031R i f A...». i i 1 a Son - 6pn DECAL PARKING ONLY e••e o.k sere•e ALL Crom 16t►► I I I I \ K TWtG Hp Y WMISOi IGLLW5 c son 6pn ° OFFICIAL CITY s - i BUSINESS ONLY r ' ~ th4~t hrlap {M 4 tkMm • LOT B o x ~ I •!t u t Hl i' Pama .rte wn~ rwu• ~ ' POLICE 601 _ BLDG 33 ED PARKING E. HICKORY u ONLY iu Tc rwewa a o k L$ PAREM PiM I rAcullES SG1LE, r. •120• { . ~ O 11NMfIENT DATE, JUNE 21 1"4 :air- f Dim { i .-r.-^~...~....... .......«-...~«.ru..n,ri✓+n,r.....«. ......w..a.+r'Jr~FI~iL1. ./(~'.I~i\a4.WSrw~~'.wn~r. Mwrrr~....•/. Ei\~,opOtt\GEDViUKIMG.DMt VendaNo. 9y" 4gendail Nte` 7ed~' ORDINANCE NO. AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON CERTAIN POR- TIONS OF RAILROAD AVENUE AND EAST HICKORY STREET NEAR THE DENTON MUNICIPAL COMPLEX; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO ! HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE; I REPEALING ALL ORDINANCES IN CONFLICT HEREEWITH; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: j SECTION I. That when signs are erected giving notice thereof, no person shall park a vehicle, at any time, upon the following portions of the following streets in the City of Denton, to-wit: Both sides of Railroad Avenue beginning one hundred thirty (130) feet north of the north curbline of East Hickory Street and extending north forty-two (42) feht. The north side of East. Hickory Street beginning thirty- seven (37) feet east of the east curbline of Railroad Avenue and extending east fifty-six (56) feet. The north side of East Hickory Street beginning two hundred seventy-nine (279) feet east of the east curbline of Railroad Avenue and extending east sixty (60) Het. The south side of East Hickory Street beginning one j hundred sixty-nine (169) feet east of the east curbline of Railroad Avenue and extending east fifty-five (55) feet. F SECTION ii. That an individual adjudged quilt yy of any of the provisions of this ordinance shall be guilty of a misdameanor, and punished by a fine not to exceed Two Hundred Dollars ($200.40). SECTION III, That if any section, subsection, paragraph, sen- tence, clause, phrast or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdlcation, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION IV. That all ordinances or parts of ordinances in force when the provisions of this ordinance become effective which are inconsistent or in conflict with the terms or provisions con- tain&d in this ordinance are hereby repealed to the extent of any such conflict. i a 1 1 ~ aedatit A Qdtt ~S SECTION V. That this ordinance shall tscome effective lour- teen (14) days from the date of its passage, and the City Secretary s is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chroniole, 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 , 1994. ti BOB CASTLEBERRY, MAYOR h ATTEST: JENNIFER WALTERS* CITY SECRETARY t by: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY SYt' X. Y r PACE 2 i t NITY~W COUNCI- t 1 E I t 1 k s ~ , Of ,O+~4r0` pj y J F F }F{{r 1 55~ F f } t r D PI e OW A 11 MEMORANDUM TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager DATE: August 8, 1994 SUBJECT: BRIERCLIFF PARK AGREEMENT BECOMMENDATION: That City Council approve an ordinance authorizing the City Manager to execute an Interlocal Agreement with the Term Department of Mental Health and Mental Retardation and the Denton State School to continue the use of property belonging to the Department and controlled by the School for a public park known as BderdiB' Park. SUMMARY: J The City will execute an &Vwnent with the Term Department of Mental Health and Mental Retardation and the Denton State School to extend the use of property known as Brierclff Park through April 30,1996. i t ~~f I BACKG•iW The City entered an agreement with the Texas Department of Menial Health and Mental I Retardation and the Demon State School on May 1, 1983, and terminating April 30, 1993, that pertnitted the city to develop and maintain a City Paris (Brierulifl' Park), on, land controlled by the i ' School Last year this agreetnent was extended through April 30, 1994. The Department of Y ~ Y•Me" health and Mental Retardation is currently reviewing all of its agreements regarding the use of orate property by other entities. The review is to intsrrre consistency and eordonnity with plate the review prior to the pertinent state law and department policy. It is their intent to con' e they have elected not to enter expiration date of the new agreement. Until the review is o mpiet into another long tam agreemert with the City. MOG AMI DEPARTMENTS OR GROUPS AFFECTED: Parks and Recreation has the responsibility to operate the park in accordance with all City regulations. The parks and Recreation Department provides Hawing of the park, trash pick-up, and maintenance of the piaygrmtnd egWpmat located in the park. The park b used by the surrounding neighborhood and various athletic teams for practice. • ~ rs i i . CITY COUNCIL REPORT/pM"1-JF:RCLIFF PARK -qu Page 2 o rrKAL. I1trLpACZ ~ . our Class B level (mowed once eve(Y !U is awotained a! a neighbmshood ~ on to the Parks This S~'~r~ce we Imw been maintainins it for the paat ten yeas no new 69W IRV" ` Current budgded estimate for maWename of this I I gees is SI6,SW- budget adsts. , ,y " orevrt-rt~'[i1.i Y SIIBMIT'IE1i i ~v Lloyd V. Harrill City MemWa t' ~ ~ y t fem. a 5~k .afi~ f j { i . ~ r ✓ {sjf. " p Pniu ay, ~ ~ t ~ h a r' ~ t pnector of illti fI ~a;'. r e + j $ "`rod v. J7•, ` { : ~ J, 17' ~ i 7 , n^ 4f r , r i iY ' Ei\YPDOGf\Ok0\ftlM.plD AgendaNo ggendalt / Date $0~6 a ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON STATE SCHOOL FOR THE OPERATION OF A PUBLIC PARKI AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Manager is hereby authorized to execute an Agreement between the City of Denton and Denton State School for the operation of a public park, a copy of which is attached hereto and incorporated by reference herein. SECTION 11, That this ordinance shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the day of , 1994. BOB CASTLEBERRY, MAYOR ATTESTS I JENNIFER HALTERS, CITY SECRETARY BY: z_ APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY ,r BY: C1LL. r i j j i 1 owl r b:W1&rA ApWaNo Date gel AGREEMENT BETWEEN DENTON STATE SCHOOL AND THE CITY OF DENTON Whereas, on May 1, 1993, pursuant to TEX. REV. CIV. STAT. ANN. art. 4413(32c), and as amended to TEX. GOV'T. CODE ANN. ch. 791, the Texas Department of Mental Health and Mental Retardation (hereinafter referred to as Department), the Denton State School E (hereinafter referred to as School), and the City of Denton, Texas ' (hereinafter referred to as City) entered into an agreement to provide for the operation of a public park, known as Briarcliff Park, by the City of Denton; and Whereas, the parties to that agreement now desire to extend their agreement for the continued operation of a public park and mutually agree to the following provisions: I. PROPERTY Department will permit the city to continue to develop and maintain a public park on Department's premises located in the City of Denton, Denton County, Texas, said land which is controlled by School, a facility operated under the jurisdiction of Department. This property is located in the City of Denton and is more particu- larly described by metes and bounds in the attached Exhibit A which is incorporated herein. 1 . II. CITY'S RESPONSIBILITIES The City agrees, in exchange for the usage of the above- described property, to perform the following activities; 1. To continue to operate the park in accordance with all City regulations and the terms of this Agreement; 2. To remove all trash weekly; 3. To prohibit the consumption of alcoholic beverages in the park; 4. To maintain a fence surrounding the park property con- taining a gate to allow access from Denton State Schools 5. To permit Denton State School to utilize all park facilities at all reasonable hours when the park is open to the public; 6. To indemnify and hold haimless, the Department, School, the I State of Texas, and any employee or agent of these E entities,.from any damage or injury which may occur as a result of the City's negligence in the operation of the park on the property; and i I ApendaNo ApeOdaN S Ikie _ 7. To remove all City equipment from the property upon the termination of this Agreement. IIIe TERX OF AaREEMM The Agreement period will begin on May is 1994, and terminate f ' at midnight on April 30, 1996, unless said Agreement is extended through a new or renegotiated agreement made among the parties involved. IV. TERMINATION O)' AGREEMENT This Agreement may be terminated only in the event of one or more of the following conditions occarrings 1. If the City fails to comply with the provisions of the Agreements 2. If the need for the park ceases; or 3. If the Texas Legislature requires the use of the j property for State purposes. i Any party may terminate the Agreement for conditions 1 or 2 I listed above by giving thirty (30) days written notice to the other i A parties. Any party may terminate the Agreement for condition 3 i listed above by giving 360 days written notice to the other i parties. V. NOTIONS i Any notice given by one party to the other parties in connec- tion with this Agreement shall be in writing and shall be sent by , F certified mail, return receipt requested, with postage fees prepaid as follows: DE PARM City Manager Deputy Commissioner for ;x. 215.E. McKinney Street Management and_Sunuort Denton, Texas 76201 P.O. Sox 12668 Austin. TX 78711-2668 ;iCHODL Superintendent P, 0. Sox 368 Denton,_ TX 76202-0368 Notices shall-be deemed to have been received on the date of PAGE 2 s f I -71 gendaNo 4q ndalt U receipt as shown on the return receipt. C ~ . VI. ENTIRE AORBMMNT This Agreement constitutes the entire understanding between the parties and as of its affective inde pendent Agreements date supersedes all prior or P bet weep the. parties matter hereof. Any change or modifications hereof shall be subject writing signed by all parties. IN WITNESS WHEREOF, the parties have executed this Agreement on the day of , 1994. i CITY OF DENTON, TEXAS TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION BY: BY: I C ty Manager i Commis s oner ~ i y APPROVED AS To LEGAL FORM: DENTON STATE SCHOOL ~ i. DEBRA A. DRAYOVITCH, CITY ATTORNEY yd i. BY, f , BY: Super ntendent I, ~ t' l J ~I 4 k} . 1 g ~ PAGE 3 n n ff f` f f CITY COUNCI' r, 7 ~MA / 1 4 1 1 Y~ tT A r 25 O J II P i i n CITY~~. ! IMCOUNCI~ e - 4 41 14 ..1 "Wi DATE: August 16, 1994 II~IAdiuO ApMI I CITY COUNCIL REPORT ` TO: Mayor and Members of the City council FROM: Lloyd V. Harrell, City Manager i SUBJECT: Revision to Development Fee Structure RECOMMENDATION: i P&Z recommended approval 6-0 on January 13, 1993. SUMMARY: ; Amended development fees are being recommended because: } (1) Denton's development fee structure can more precisely be defined to relate fee rates to development review costs. Research has shown that other north Texas cities use fee structures based on more appropriate variables of cost. For instance, a per lot rate rather than an acreage rate for plate. (2) Many of our fees have not been adjusted since 1983. t (3) Development fees do not cover the cost of development review. (4) A fee structure is needed for new types of plate which are being proposed. The recommended fee structure is more directly related to the actual costs and the fee methodologies of other north Texas cities. The fees do not meet actual costs and revenue is not increased in the aggregate. The amount of revenue generated by the proposed fee structure is roughly the same as now received. The proposed adjustments to the development fee structure are illus- trated on the enclosed four attachments: Attachment Is Table of Current Fees Versus proposed lees A comparison of current City of Denton fees to proposed fees, illustrating the increased sensitivity to the actual costs of review. r Attachment 2a Average Person/Fours Taken Up by Development Reviev A breakdown of staff members and staff time spent per development request. The figures are based on the average time spent per development review function. This document is an approximate measurer however, it better reflects the time/cost basis of fees than the consultant study conducted in 1981. i wT..Y . , Owl Ali gerdah city Council Report ;Qewalf August 160 1994 We Page 2 The research shows that current and proposed fees do not match development review costs. A consideration in raising the fees to actual cost is the political ramifications of 1 such a move. Denton could have one of the highest fee schedules if fees were izore closely related to actual costs. Attachment 38 Proposed/Current Revenues Based on 1991 Development Activity A comparison of revenues generated by the current and proposed development fee schedules, based on 1991 development activity. The data revEal that ` the new fee structure would generate nbout the same revenue. Attachment 41 Comparative Schedule of fee Structures Denton's current and proposed fees arc compared to those of seven north Taxes cities. The methodology of each fee, 1 based on a ~ealistio appraisal of land use, is shown. The i proposed changes are intended to make DentonOn fees more comparable to those citteE. ~$GROUNDi The fee structure was presented to the Local Affairs Committee of the Chamber of Commerce, the Hone and Apartment Builders Association, and members of the Board of Realtors. The review process inoluded review and recommendation and a public hearing by the Planning and Zoning commission in 1993. A comprehensive fee structure review was last completed in 1986. , Council reviewed the schedule on July 19th. No objections were expressed. ; 3 Respectfully submitted: Prepared bye Lloyd V. Harrell, Cit Manager rank A.Rins ICP Executive Direct Or Planning and Development i 02• geoualvo wewaltem i Litt City Council Report 3~ ~P G August 160 1994 Page 3 I 2\TTA~}{lIENTS s 1. Current and Proposed fees. 2. Processing cost estimates. 3. Revenue estimates. 4. Comparison to other cities. 5.` Pit minutes. 6. Draft ordinance. r ,l .r MON16 { M1 Y~r Y , { ~N• ! 1 y ►NN f of 2 ! F E Attachment 1 CHART OF CURRENT FEES VERSUS PROPOSED FEES ~ AYMAM - Prof cuumn n!i M KAW rafskrr RK Asti ?W « µM . ! :t etd D.,id the } su 341.. ~ s1A0 e; Gen7sau rld l .sate 1123 1700 + fiAoe MR171 ~.v.ea f tar sae Aa 00w LMt: ! . 30 O 1300 . stdwe N1tl1110 `QQ~i1j.. PnUbwl w nett sopw f3 S2S0 Ef D..I~e tws ~y 31A0 ! e kwt{130 s3oo. sata sMsrn34 Aa eleew twe ! . se.i 31J0 s3oo + slaAt 1reJSt11f0 j mime Ptak ft woo po/ . slr+el s~io%ti~ Cored Dewl.r " rka b It t1..,!}.~lt IM EIWM MA ~ ftaesd Go" tit sk+r ! ± f ftlotw of f l00 fsil pate) No Cloale v.aa..t rlr $175 !I Amrefet rkl f700 (use) No C1"'~1 ff vrwo to SellkMne R gslb&m ll7S CUM) ~ ~yfe G,r,,,.d sl7s f300 t2.oo test E ssx.11 f0 S3o0 107E hol Aaseud" Ow Itea 162") sul.u ~ Aut+.tloa if w,. w .«t) 1150 1600 1033 ks! ~ i l7lt.ls 4 Spd* Cw for" seoo slo00. M%= sly E Rely cb"v M d*A 10") f600 f~0 ~t2 1.73 Eoekf C1eep ti ta+ w son) !l i00 (Sam) No heap t>M+reiy o w A" 04 eat) SIM {121WSW !.13 KM at kt taafisrkt P.etR f30 (tto) me chop R.aW. or f r+rtt Air4asnl f1o0 (+*t) No Cluyt About t"&op no tat 1300 11.2E kv !I t2f1J6 4." wq ~oiy YtAbotlrt t Mks ' wee f1S pa dw i wand Dell MPU DOAW SW Pl.a !$I f10)%M (MM) No cmw ~ta~l D~ayrd C4=411 M1 rlsm t (Dees) No CAtalo Mama) Nkw Aawadnet W tMdd rtaa w !17! Cu - ao* eM to ti No (Male *king 9w rtno Meoeka of /L fw rk1 q !!0 12f 3eeJ f1o6.r1 ` iGkalea of Err k Pi+aof DNA 1173 1116 1106.!1 ; ae.tw no ' 4V. i ` ~endaNo Ageodal S Attachumt 2 Date AVERAGE 80URSIPERSON OCCUPIED BY DEVELOPKENT REVIEW (Does not calculate time spent on those fees not being changed.) ~4 Developmmal LsthnA[`d `tut Idt' ! .r a;Y.. ti.+... TL f Plat of <S as Fxm Dir. W Ptah. 53SA9 1.00 $4737 Urt u Plan" 16.90 SAO 111.54 Soaetm (Flab.) 9.59 2.00 2532 PlaaWa6 Teel 13.43 3A0 Stu Ea& To& It 13.4! 2.00 3S.S9 Ea& To& Snpv. 2120 0.30 1399 Senkx EaS, Tech. ISDO 2.00 3934 M. Of EASJnho. 30.77 030 20.11 Fie Prot Eng. 18.93 1.75 4173 t Sr. Qh3I Eng. 2175 4.50 140.96 i Parks Planner IM 0.13 18.14 6aildin6 Official 2175 1.00 3135 Eog. Mme. (w1w) 26.60 om 26.33 { Eat T" : (wlw) 10.14 4.00 Sul Ed& Adma. (Etc.) 2460 1.00 35.11 ~ En6taeer (Elea) 14193 130 49.96 f ' TOTAL 31.00 $726.96 } Plat of S+ ac. FW. Dlr. Of Plan. 13SA9 1.00 547.37 Urbu Planner 16.90 5.00 111.54 SO=" (Plan.) 939 2.00 2332 PlmntjTecd 1148 3A0 SLM Eag. TeeL 11 13.46 4.00 71.17 Fad, Teel Supv. 21.20 030 1199 Se" Eat Ted. ISM 2.00 39.64 M. of Eag./iha 30.77 om 20.31 Rra hot. Eng. 1691 1.7S 41" j Sr. Cm Eag. 21.75 coo 166.10 Parts Plaaaa 1893 0.75 16.74 %a&$ Offtew 2173 1.00 31-U Apeta (WM) om IM Egg. TecL I (w/w) laii 4.00 501 Mg. Mom FA6~+ ( 26.60 1.00 3$.11 18.93 1.50 37.18 L 'i OTAL 34.50 $61170 I i A2.1 j low- I~ ipendaNa %endal gate " D`ve!°p"°ei _ h` ltifik &1 ed' ate ~,l l Actb~ ~ t Midp~fn • 'tlagt'~,~ 32 Genera! Exec. Dif, of Plae. 533.89 0.:4 SUA9 Development Urbaa Pl,noer 16.90 S.00 .11134 Plan Seereury (PLa) 9.39 2.00 25J2 PlsnaiaE Tad 13.48 1.50 Eat Tad i 13.48 23,69 2.00 3539 i E&& T" Sup. 21.20 0.50 13.99 Senior Eat Tad ISM zoo 39A4 Dir. Of Eas./ hL 30.77 030 2031 Sr. CWG Fat 23.75 3.00 94AS Pub Pl MW 18.93 0.23 623 ISA Es&A4m) 2660 0673 26.33 Fat Tad 1(w1w) 10.74 4.00 5671 Ea&M (Eke.)) 88.93 2.00 9.98 I ( TOTAL 25..50 558108 I Predesign Exec. Dir. of Plan, S3S.89 0.50 $23.69 Conference Urban Punnet 100 SAO 11134 SMMY (PUL) 939 1,50 FUSE aI Tad 13.48 0.50 1d59~0 Eat Tad It 13.48 2.00 3539 PA& Tad Sup. 21.20 IAO 27.98 i Sealor Eat Tad 13.09 0.50 9.96 Dir. of Emgfrrsa. 30.77 0.50 2031 11ro Prot Ent 18.93 0,25 4:3 Sr. CW Eat 23.75 4.SO 141.0E i Puts PMaoa 18.93 0.25 US BOBS OMCW 23.75 0.23 741 Eat Ad" (rvlr) 26b0 0.30 17.36 Eat Tacd i (ulr) 10.74 230 35.44 E4 Adma. (EIc) 26.60 0.25 EaEi M (Fiat} 18.93 200 dte 9.98 TOTAL too u3au Annexation of Sm Dir. Of Pun. 533.89 t00 i <S 8e. ~ Q0.) 19 9 12.00 399.80 Phnala~ Tad 13.4E 330 2532 6228 Ent Admo. (WIN) 26.60 0.75 2633 Eat Tad I (wM) 10.74 1.50 31.23 Fat Adma (EX) 2660 0.75 Es&w 1893 1.25 21-27 Sr. Eat Tad ISA9 200 39.83 Eat Tad Suer. 21.20 0,50 13.99 TOTAL 30.25 5741.13 A2 2 I i j i f . i wool ~ ~geridaNo j ~gesldalt date ' 7419 ACS^.x ti'<Mfdpo[a, { Annexation of Em Dlr. of Plan. $35.89 2.00 5+ aC, Urban Phone( 16.90 394.73 16.00 399,80 Seaeu al 939 200 2332 PUanIog Tec 13.48 3.50 6228 EaS. Adme. (w1w) 26.60 VS 2633 Ea& Tech. I (w1w) la74 150 31.ti EeS Adma (Ek) 20.60 2633 Fcower ( ) 1893 1.25 21.27 3r. ft TocL 15.09 2.00 39.83 EaS. Teed. Sapv. 21.20 0.50 1399 `s 'DOTAL 30.23 3741.13 Spetific EheL Dir. of Pla4 S35.A9 300 $14112 (J~ Urbo Planner 1690 16.00 33693 j Permit Who Piaaner 16.90 1.00 2U I 22.31 i Seaeury (Plan.) 9.54 2S0 3145 PlanabS Teed. 13.1E 31.63 f EaS. Twk 11 33.18 7-7-00 0 14~ Seolor Enl* TecIL 15.09 1.00 35.61 j W. of EnSiTm 30.77 1.00 19.42 Fire Prot. Eat. 18.43 062 Sr. ayd Eat. 23.75 600 6117 8nlldiaSOfficial 2175 250 t8R{0 Eap Adma. (w/0) 26.60 0.50 7838 b00 1736 Ea& Teed. I (w1w) I0.74 E Ent Admn (Ek) 2660 600 85.06 EaS{aeer (Flea) IE.93 100 14.91 Zonlns Exec Dir. of Plan. SUM 59/.75 2.00 change of <S Urban Maw 1690 1600 35693 Urban MAW 16.9o I.W nit 1 &MIM (PIM) 939 130 3165 PkaolrS T«L 1118 8.00 14233 St. cm Ent, . of E%Tma 373 1.00 10.62 00 135.61 F4 Tacd.11 13.41 2. 00 15.92 Sr. Ea TeA 2 i 13.09 1.00 14.92 23,73 US 54A F4 Adma~) 2660 -M 1736 C EDS. Tah 1(OW) 10.74 600 $5.06 FAt Admlo (a) 26.60 EaSlneer (EW-) 18.93 2.00 49.9E Fire PM M& 1843 250 6247 'T'OTAL 3275 Sl2{9.73 A2.3 MANO ~gendaNo. Y t igendaltem T uld ty Zoning . Mr. of Plea. 535,/9 too 59/.15 change oa Plaaaer 16.90 16,00 35695 0. + n. Plaaau 16`90 L00 22.31 a ury (Plan) 9.59 2.50 3145 e da& Tech. 13.48 &o0 112.35 Dir. of EASM4na. 30.77 1.00 40.62 Sr, CIA Eat 23.75 &00 18910 Eo& Ted. It 13.48 too 33.61 St, Eve. Tech - ISO 1.00 19.92 BoOdia& omm 23.75 1.75 54.86 Eag. Adma. (WM 26.60 om 1756 Eo&, Tech 1(wt*) 10.74 6.00 83.06 r Eat Admin (EI.) 26.60 030 1756 ~ FA&loeer (tyoa) M93 too 49.96 Fire Prot Eat 1&93 250 6247 TOTAL $2.75 $1219.73 mffimfm~ Alternate Exec Dir. of Plan. $33.89 0.75 SUM 51690 &00 17&16 Urban. MUM p ndscaple smeurq (Plan.) $9.S9 ISO 1&49 Sr. CH Eat, $23.75 0.50 ISM 1 Ea&. T" It $13.48 0.50 &90 10.23 S2s7-% Urban. Plaaaa 516.90 3.00 56692 a Plaoala& TaL 13.48 I.SO 26.69 Seaeury (Plan.) 9.59 0.25 3 56 ! 4.73 596,77 ' . e Exec. Dir. of Plea 535 89 US $11$4 urban. MAW 16.90 2.00 44,62 SCMOAIY 959 0.25 3.16 8r dv0 Easy ) 23.75 US 39.19 Eay Taeh.1(WIa) 10.74 0.50 7.09 . 4.2s SIOS.90 MTOTAL i A2d top ktY..v+,"Y R 1] 1 VendaNo, 9 1 Attachment 3 AgendalS f i Oate PROPOSEDICURRENT REVENUES BASED ON 1991 DEVELOPMENT ACTM'1Y O~ 18 rtot NUMau1 CURRV4 M raotos ltz pniagwy w1 w fusel pia! 34 sulsoo0 91701)00 laa vaq Replay )(law plats $adminlevuhq NONE $000 1000 CeewrdprekpewalfW NONE 10.00 W-00 ~ VacaWeof PM 1 f$SS00 $75500 Aentlq►W 1 $10000 Iva co Vu%M Y SobdhiMe RerU dew 1 !7!0,00 u"jw ' f$d00.00 j peel-d s CGtrknaee A 01490,00 1 Me 000 (UM "M I KM) 0 10.00 $000 Mantles Is une ae mm) $ s55000 (700,00 specme Cw pereeR 3 $teoo 00 9rso 00 ; Zaatop Gaye 14r Us f arm! 1 f$e0o00 913)000 Z"lq C►aye if aem w 09n5 1 ! I loo 00 s1100Ao Da~...rp s Sweat co s/uotaadwpftpan" 1 9000 $000 R.O.W.wGAwsrealAUs&ww" { $60000 Mao I, Ahener lwebeap plan 0 1000 s0.00 SAafaf VeA&4d" Letht 10 $0,00 $340 co M"bw pert ftu Dew" fltr Ma 0 $0.00 s0.00 ►Laaad Derh D1etr Geard Caaapi f 913450.00 1134)0.00 M Oaaelyareep pW 111aet Mrod~eal Y DelaWd plan w $ 17!0.00 1500.00 Swft vw pee" Ta~ee6n of TMe W pW 0 S0.o0 1000 f7T37l00 9Mg900 TOTAL e Tlr pre0adp he b NOT C"MW le+rard ow he rota! einm k 11 dbewn1w Son die plant AM urbs r" she M t .r ; Attachment 4 COVANAMM tlCf OKU q Olva,OfMOR ^1O , CrIT a" CM now" so ON movoLonmf CURM aIMOA CMt 4w of COLS t via j ~R7l 1 A ~aMo PA 1•L1 111t{ 100I 1•M ' www~ wmkv~ 11% 00 PwW ' MM MNCWT M UIDATR 1111 : - w~i • star • sw w • lad ' {pssa•ssA. u•rr s ass • $16" Rime" 110114 l~ sswT l/at~ ass • slr•M eL4laArNes ssss . s .n s L It" 4 s r< sw snAAn b ~ i isdty.~ SM • {9t \ 44LM r C) "a 4 SMA WLIfW hi.Yll ~ w•{Lw 11••Wy_ 111114asww ~{M•IStf /IM•Wr • w Iw ♦ • NAtw } t f SW 4 1111" MAT L t~jy aw • 111,00101 MM •jY8 y 1~lir.~l~lY{ err •+Hw+b aft now q W • {4N•w - 1 t FILM •tw { ~ C all • aN•. ~ ai sw Is" rns • ual ~ o ` ~.4: , M•W 1~i./i srs•fuuw bl{•{W ifM IMd y~ • IIMf {IAM%bk* r b ass • WN CLAM t r` ' 4 aM • {IM•s 1•M • fSM aq• wo M ILOWMT AWIAT 1l~11N{ atw /w' A•>mM~ J WIN I Me Saw*, no LrM SJWL is" 4 W > we 4 r ,J .I Dete~- 1 cm sera, eonoll crtr ctn a a ow or or olval cvuotr ebaom of or KAp "O"No 11 j tom/ roe wwuwN sulw GA arym u i an s sur tMl # tSlr i Ht« w wm" W t Sim 1~!>•t 1 f11~ IM •1w !1 Lr U« t Kula HAIL Mts AT SIM 0 glob" m 4 OAK we slum Il►pa•tk6s b no 0 {7W f.LE IL tIN ~ 11A1 H« ~ W! r',. U« • faYt j y Plow ba" gm 1111 • OMt f/«~~ itM~at~ NL« ~u st« • DMI. 1 IWOw . "Na 104 u sm ♦ tslw. YIaM.M3II ' ps" llslotlhwfl i1M tsMallsw !i+ s0l11l s" wMrrrrr wtr.rw whMrl. 1100+I5110t wwwr` ~ai,.n t u r mm urm IYA MM Sf6\. IW hsl. IIN Ai. OOIIM6TAll(7lkAT t1M no4IMrw X/A FA 4mlleo l she/ wdDhMt+t r WA I" 144M h"No a~pM sww tcl wCtrs I"VrD m. SIN/1" SO On to Law IWO !1M /lAr! ~y. r' . ODIC IM AwW isAw be IWYIY i„ r, tvdy# 1r M. www>M bialy r'. swig pIM.I ei~!1! tali - i , OAU1lal Orlillf hri a+t a« wart. suua•w..s 1t ONO#wtM / fr NM+1W I ~4;, HAM b •hMw .MMO wQr1! 4M0 11J1f " two i t UM • i&kW tcww MIM E stS u YNIIMIO fo PA P" Uri it" «M tiM sl 4 bows 1115 INS wars wOrs N►olrtt' Mt 1 r t. A j f ; sgendaNo Dale ~ rs 1 rm cm rn r can w DD~O.MOR Cmam" qE~ C O w of of at of p t ACTFAM rm Fl?~ CAPAMMA DA" CMIAMD tAW~O LBWW " ftAMO ~ ■AhN P" twdiM Crq r AL7NDM7C L WAM WA t1M ml Vwbm b" Fr He Fa sm worn 4s KNt m Mfl Aw t77A &V w ~a1~x+ i wQrD~ p wCf r tMX*vWUWAIW VA as wM Wk ~f~ Wh IMCwp uFStA mft3(am oft"Mon i L11lAS~ ~tsr.A ~ ' k suwRS~M« ItAw0 1Dlan Wit 1w swRflMa. 6e AM s~ ~rnwft ewRtvrl.r p: ,ORtAStAb Mt7 t'tIW ARM t, , ft lklERJIDY1w AsA« )!.1liZAY! s1JM SA • AI ' FDA MMM ~S f;w► o rD.r W .A` s~uts~is... Lifta+~ , litt~ws llllJd~ ~tw i, ! b • OMItALd01k1►'F OR NM R •A" it)Lb" R UMw DIi pm ~ St." 4 MMLps<Mrrluw l W A>wW µ A tfs~n A1AM ~slllseasLVS M ewoo tips AwatiaY l41 so ^r~•'T^. oeYwlo~ 1 i'u°r Si" .ate rw w. w Fa AftwW ,w Ra.R .r..... w ; aAFYIU~MttM7pti Ft7RA pM fm wMa+e. wewr. wwwr wo.ir wdM : 1r CfpF1 { Pogo" ftft Fpt A P, A►/ N7/ iNF w YrMa L He y,RAM w Y~r wQrM Mr fAMR. ' w CST r _ ArwA . r I i Age*NOM/GJ Ap" ~j r [We j y OWfdM OWI'ON C71Y 1:17' f77►! O'7t Oh CRY tllt CYflIM/f raOIOr® of of or or or or of Amm" Intl FM CMDOr17'OM MAIM Cammo IIr17M0 LADOM7MIS nwMO UCIWO/OM f iw!ouflr.l fill worn no C%" wQmp wCWn wCtrn whgr, twM l f f yr yi~ysMl OU msts$ 1 i . nu" =0 M f ~ a IJ .nr ..f YJV• M Lua no ayM„y w LIM ►KS.e•. f. man ~ 1101.W411 ~fw '°!!8°' fX URAAM 51-M } t y lrr " malm m" lYJ4 r weir t~ ~f I IM &At%% two~ i 14M~f0OUIr04 1tM 1101 ~ ~M1 lM rfr ~.f w et fwc FZr~.ns fair mew sm , t 4j~ At 0" aosoM "JOL suft at+rr f u"Y"' t ~sr.+fr i6lilmf W2 1Vw • ffN.. tiItM . MJJOMfflfl (p1.IM N~II ~ /fMw . S- t1y'1~ fMr LL 1~2M tl.f arr /f>• ""0flf1 St. NO amok pM C7b^M1 Uw-86 Yr ~ f /EMMM f ~rrr 1t.1M 15t3latmif w ~fw f.»s, se.. iw tMRA~t~iw ar1Mft.w• um I(I r•w ru • ~M 1701 Jtw.M r«~ 1tM ~ SUN ` w tin 11l1lf!!a•t 14711 64M 0 1946M 1!1114: SUN zZf1/ p7MMr.)lll~mlit ' 14:01 ~ f1Arr f g/ Fee M 40 IJwOKNOM "O f /f/ fll yyyy jp,jO 71r. M1r m:1011; par," hr YI•Y Y j~~~~ w ~ 4641 IW !r A w•ry 17r aiJw r~4 d•P A LAIN ILfrf 11 X17 04 am 01111 A 6 so Pak PWOM re*Msd i.RdP 1 /M! 8409 two 1,10 VAN I% to ISM 1111 wOMM. wOW" a _ _ rdM M A`fu! • I .era ApendaN° geyC'~~ - ATTACHMENT 5 P&Z Minutes ~S January 13, 1943 met Page 6 Mr. Engelbrecht said that he sees this as an alternative to fences. He is not in favor of fences everywhere. They are a maintenance problem. The proposal would provide diversity and begins to address the idea of vegetation as a buffer. Ms. Huey asked if the health of the vegetation would be monitored. Mr. Yost replied that if the vegetation dies, the owner would be contacted by the City. Mr. Willis said that he likes to see screening done in different ways. There must be better ways than wood, brick, and concrete. This is not an issue of money. The developer is doing this to make it look better. Having greenery around town is desirable. It was moved by Mr. Glasscock, seconded by Ms. Huey, and carried (5.1) to approve the modEflcation to the screening requirements for the OffenbaLker Addition. Mr. Cochran voted against the motion. VI. Continue a public hearing and consider new development fees. j Mr. Yost stAted that over a year ago the staff began looking a revisions to the development fees. The fees need to be modified to make them more fair be, %use there should be: a. Have more realistic variables, b. There has bun no update since 1983, c. Fees should be in be with the cost of a review, d. New types of activities have twee created. There is a need to at least recoup the cos! of the process. Some of the fees have gone up, some have gone down, and some remained the same. Revenue wi11 not be t increased or decreased, the fees wt71 just be more fair. He reviewed the predesign process as an example, as well as charts on the existing and proposed fees, hypothetical situations, and what other cities are doing. He said that the new fees have been reviewed by the Loea1 Affairs Committee, The Council will consider the new fee schedule with the Commission's recommendation, along with the revised subdivision regulations at a future date. No one was present to speak regarding the proposed new fees. j AgeAsNa_ Agandait . q - Date. ~1 PdcZ Minutes January 13, 1993 Pege 7 REWMMENDATlON: Mr. Yost stated that the staff recommends approval of the new development fees as shown in the back-up. The fees are based on review time and are more fair. Mr. Willis asked the reaction of the Local Affairs Corr•mittee to the proposed fees. 1 Mr. Robbins said that there has been 1'ttle reaction. Letters were 4so mailed to realtors and builders. No response has been received from the letters or after the Local Affairs Committee meeting. At the meeting, some concern was raised about a fee increase. However. a tee increase is not proposed. Some fees will be more, but others will be less. i Mr. Engelbrecht asked about increasing the fee for down-zoning. Mr. Robbins said that in 1988, when cumulative zoning was done away with, there was a need to let zoning become conforming with land use. Anyone that had a 1 problem with their zoning has had five years to down-zone at little or no tee. It appears that hundreds of acres of planned develo;inent zoning will be down-zoned in the future. The process creates as much work as other zoning cases. There is a need to recoup the cost of the process. Mr. Engelbrecht stated that given the fees have not been revised since 1983, it is not surprising that some of them are being increased. It was moved by Ms. Huey, seconded by Mr. Willis, and unanimously carried (6-0). ~f VII. D'irector's Report ! Mr. Robbins stated that information on the proposed hike and bike trail system has been Included in the Packets. A public meeting was held and attended by around 40 system. Staff is proposing r work was a lot of Interest l t in the trail peuple. 'T'here session on this topic at the next meeting. Mr. Engeibrecht asked what funding is available. Mt. Robbins said that there are a number of sources but most of the funding will be from the CIP. ISM lets a percentage of money for highway transportation go to enhancements which can be alternate transportation. That will not be a lot of 1 money, tie is not sure of the final rules or how much money will be available from i ra ~i\vpdoc~\ord\platfo~~.o pcgfldaNC~l~ i Ag°ndal { ATTACHMENT 6 De ' ORDINANCE NO. AN ORDINAYCE OF THE CITY OF DENTON, TEXAS, AMENDING THE SCHEDULE OF FEES FOR FILING APPLICATIONS FOR REVIEW, APPROVAL, GRANT OR ISSU- ANCE OF PLATS, PLANS, PERMITS, LICENSES, CERTIFICATES, VARIANCES OR DESIGNATIONS REQUIRED BY THE SUBDIVISION RULES AND REGULATIONS AND ZONING REGULATIONS OF THE CODE OF ORDINANCES; MAKING THIS ORDINANCE CUMULATIVE, PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION i. That the fee schedule set forth in Exhibit "A", attached hereto and made a part hereof for all purposes, is hereby authorized to be imposed for the filing of applications, review, approval, grant or issuance of plats, plans, permits, licenses, certificates, variances or designations required by the Subdivision ' Rules and Regulations and Zoning Regulations sot forth in chapters 34 and 95 respectively of the Code of Ordinances of the City of Denton. I SECTION II. That this ordinance shall repeal every prior ordinance in conflict herewith, but only insofar as the portion of such prior ordinance shall be in conflict) and as to all other sect ions of the ordinance not in direct conflict herewith,. this ordinance shall be and is hereby made cumulative except as to such prior ordinances or portions thereof as are expressly repealed 1 hereby. ' I } SECTION 111. That it any section, subsection, sentence, olause, or phrase o2 this ordinance is for any reason held to be unconstitutional, such holding shall not affect the validity of the remaining portions of this ordinance. SECTION IV. That this ordinance shall become effective on the day of , 1994. PASSED AND APPROVED this the day of , W4. I i BOB CASTLEBERRY, MAYOR i k ATTEST; { JENNIFER WALTERS, CITY SECRETARY BYi / r .N M (late ~ ~ ~ ~ APPROVED AS TO LEGAL FORM( I DRAYOVITCMr CITY ATTORNEY DEBRA A. 10 4, 1 ra ,i r w ! f 1 ^ ) , ~ . ~ jib , w fr h r ~ Y1 h rf`A :xtr q 6 ApentlaNOI e 41k- s ppisndal ~%o' Y "L'IF EXHIBIT "A" Date 11C~/~ SCHEDULE OF DEVELOPMENT FEES DEMOPMEM! ACI'IMY FEE Preliminary Plat, Final Ptat or Conveyance Plat $F and Dup g Useu $200 + S640t i ell O er Usest $200 + S10laas I Preliminary or Final Repist U and Duplex Uses: 3200 + Sti1lot A11 Other Usat 5200 + $10Aot Minor Plata $200 + $61W General Development Plan S.(vaae ($100 miolmum) F ` ) Vacation of Plat $175 I Amending Piet $200 f Variance to Subdivision Regulations $175 Predalgn Conferenet $200 SS00 Petition FOt Annexatio n Historic Landmark 04Slgnation $6S Specific Use Permit $1,000 + fSOhtte Zoning Change (leas than 3 aam) 5850 Zoning Change (S sera or more) $1,100 Dowawning $850 Landscaptag Permit $30 i { Right•ot•Way or Easement Abandonment Moo Alternate Landscape Plan 5200 Zoning Verldcation Letter $1S per site Planned Development District: Detailed Site Plan SI,000 + S5Wwe (56,000 maximum) Planned Development Districts General Concept or S500 + S25hae (f3,000 tna~dmum) Central Development Play Minor Amendment to Planned Development S17S + additional $50 H processed Detailed Plan admintstraUv* Minor Amendment to Specific Use Permit $17S + additionat $50 If processed sdminhtrsth* Extcaston of time for Plat $so Extension of Time for Planned Development 5105 Detalled Plat j Extensloo of Time for Specific Use Permit $105 i A-I I r ~CITYaEE COUNCI 1 _ 1 1 r < r 1 1 ...I+~ , 1 ( Ill 1! 1~1' ~~jl 1 Ey yy 11I II I I! 1 Ir fr~( tt 1 t I 11 :I ~ 1 Ir Y,II I11 it '~ll~a 1 ( l I r l.Il L i1 ! i~ I!yy[, ~I;i It iil 1J S 1 NTI. rr~ ~r. 1'' ~~it Il r~~l'. ~S lr 111+1 A ~ I X1,11 } rt I fit. fl. D ~ •1 I l~j..j A, fi i llirl if n ll Jil ? r ~~r:r}oIY Irl'~ lr I << 1 Y I r ~ 1 lY~ 111 Illl 11r1 rlllll Ir y ~ r 1 IY1,1 (l 1111 11 I1 11 { I, tt 14 Il 1 r ~ ~l~l rlll 1111 A~11llrlll ll II ~ j r'I•' f i,ir I lei I11j i1,.ir ,'r I~ ; 't. I~Y'.1 Y lY 111 ~~Irl 1~ dJ' r~ in 1, I 1 ~ x . 'rl~ Ef I~• I rliil rll rY .YI` i F q ~ 1 r 1 ~ I r 1 r l l I r i I ~ 1~; I r 1 s 1 lr I 1 y 1 i i i,~ t I f i r 1' I G (~1 a' Il Ir1 11 Ir s rlf: ff it " t6, is ~ kr N I ~t' 1> p a b w f 1 I . 'I i'f II II!" r t 1! r ' Iflll~ll-•~f.I~.f~l t r I h ant , r.~.,a 'f t Aoft ` I!1 1 ~ ' 1 CITY of DENTON, TEXAS MUNICIPAL BUILDING 1 DENTON, TEXAS 76201 /TELEPHONE (817) 666-8307 Office of the City Manager CITY COUNCIL REPORT f TOt Mayor and Msmbers of the City Council FROMI Lloyd V. Harrell, City Manager aw DATES August 12, 1994 I f SUB3ECTs Resolution Authorizing the City Manager To Execute k. Amendment No. 3 To the Public Transportation Contract With the Texas Department of Transportation I 1' RECOMMENDATIONt_ w Staff recommends the adoption of this resolution. M of OIMD s Upon approval by the City Council, this resolution would authorize the City Manager to execute Amendment No. 3 to the public transportation contract with the Texas Department of Transportation f c (TxDOT). On September 9, 1993, TxDOT entered into an agreement 1 with the City of Denton to provide for the expenditure of funds I pursuant to Section 9 of the Federal Transit Act. The purpose of t this funding is to provide financial assistance to SPAN to ensure j that public transportation needs are met in Denton. Transit funding for FY 193-94 totaled $137,462. This amendment -r' would reduce the approved amount by $12,203 for this period. The reason for this request is that the City of Denton is unable to m,et the local match in funding required to purchase transit vehicles in the current cycle. Consequently, the City is requesting TxDOT to make these funds available in the new contract cycle for FY 194-95. In effect, this will create a pool of funding in the amount of $140,415 for the next fiscal year and enable the City to try and qualify for the capital necessary to purchase new vehicles. 1., All other provisions of the current contract remain intact. PROGRAMS, DEPTMENT6, OR GROUPS AFFECTEDt Norte, "Dedicated to Quality Service" , I -71 j ~gendaNo 9..~ JJ wdalt i Oate _~/6- 4 y ~ ~ FISCAL IMPACTt t6y 7 :%e adoption of this resolution will, reduce the current FY '43-96 j funding cycle by $12,203. As the City of Denton has no matching funds for the purchase of new vehicles, Staff requests that these +e funds be made available by TxDOT for the FY 194-95 funding cycle. Please advise if I can provide additional information. i, "I RESPE FULLY SUBMITTED, I ; P c V. Harrell ' City Kanager Prepared by: Jos Por uga Assistant to the CI KY Manager , 0 r I f ft "1. 4 1 I 1 f n r ' J ~ k .4a~ F'i ra r I A j,\wpdncs\reao\amend263.re1 aendaNo 9_y Agendalt Date r ~ RESOLUTION NO- A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3 TO THE PUBLIC TRANSPORTATION CONTRACT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR FUNDING PUBLIC TRANSPORTATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the United States Secretary of Transportation is authorized to award grants for a mass transportation program of projects and budget; and WHEREAS, the State of Texas is authorized under TEX. REV. CIV. STAT. art. 6663b, to assist the City in procuring federal aid for the purpose of establishing and maintaining public and mass transportation projects; and WHEREAS, on August 31, 1993, the City Council adopted Resolu- tion No. 93-052 which authorized the City Manager to execute a l Public Transportation Contract with the Texas Department of f Transportation and-the State has forwarded two amendments to said ff Agreament; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: That the City Manager is authorized to execute Amendmennt~3 to the Public Transportation Agreement on behalf of the City of Denton, Texas, with the Texas Department of Transportation to aid in the financing of public transportation, a copy of which is attached hereto and incorporated by reference herein. fiWI K ii. That the City Secretary is hereby directed to affix upon the face of Resolution 93-052 a note that it is amended by this resolution, and attach a copy of this resolution thereto. aFrrrON IIi. That this resolution shall become effective I " immediately upon its passage and approval. { PASSED AND APPROVED this the day of , 1994. BOB CASTLEBERRY, MAYOR ATTESTt I JENNIFER WALTERS, CITY SECRETARY a f BYt bwo spy . ApxtaNo r Ap Wal ' - APPROVED AS TO LEGAL FORK: ° DEBRA A. DRAYOVITCNp CITY ATTORNEY 1. , BY: 4 7 ,fl r ! r x f PAGE 2 ^n . v v r_.r , i 4geeda No Apendal e Dale RECIPIENT: City of Denton 110f STATE PROJECT NO: TX94-0001( 18) STATE CONTRACT NO: 314XXF4014 4 l AMENDMENT TO CONTRACT f NO.3 r STATE OF TEXAS 4 COUNTY OF TRAVIS 4 THIS AMENDMENT TO CON'T'RACT made by and between the State of Texas acting by and through the Texas Department of Transportation hereinafter called the "State", and :be City of Denton hereinafter called the "Contractor". WITNESSETH r , WHESiEAS, on September 9. 1993, a contract was entered Into by and between the above-mentioned parties, which contract provided for the expenditure of funds pursuant to the provisions of Section 9 of the Federal Transit Act for a public transportation project; and WHEREAS, the contractor has requested a reduction in the amount of funds that they will receive to carry out this project; NOW, THEREFORE, In consideration of the mutual covenants herein set forth, the ~ partied 1,ereto agree to emermd the above-mentioned contract as follows: i 1 Article 3, ph3e 2, sentence I is revised to read: "The maximum amount payable under this Cot.tract without modification is $123,259. 1 H. All of the other terms, conditions and provisions of the original contract shall z remain In full force and effect. I ii • berae,"!o u -0 2 Rpeaaaitert~ S fits -19 4 IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed. r STATE OF TEXAS CITY OF DENTON Cerified as being executed for the purpose and effect of activating and/or By: can*g out the order, estab?tshed r policies or work programs heretofore approved and authorized by the Texas Title: Transportation Commission under the authority of Minute Orders 102550 and Date: 103561. APPROVED: By; Director of Publlc Transportadon Date' / RECOMMENDED FOR EXECUTION: District En&m, Dallas District , { , i I 1 i for 1 1.]INM 'AtxlOery° • gge114a1t pats ~f 7 CONtRACt SIA?SET AilACMNENT A CONTRACTORS MY 01 Denton CONTRACT NUMUNt 514014014 StA1E PROJECT so.t tx%-D001( 16) i PTA MISNRAS U-994246 F ` LINE ITEM 1 DESCRIPTION , TOTAL 1EDERAL STATE LOCAL CAPITAL 11.12.04 Two buses Wll(ta 161,250 145,000 11,359 24,891 . PLAKNINO tat. 250 145,000 11,350 6% 24,891 14% 41.11.00 grant Oewl/Ads1n 30.000 24,000 OPERAlINO 30.000 24,000 WE 5,900 13% 2,100 7% 30.09.00 Wratln0 110/93 • 9/94) 45,0,000 220,000 110.000 110,00 440 ,000 220,000 SOX 110,000 2551 110,000 25% TOTAL 651.M 369,000 60% 125,259 19u 136,991 21% , t; I 'p 1E0EEAL FUNDING Plitt 19•90 39246 TK•90•X00) TK•90.39001, TOTAL CAPITAL 145,000 PLANNIND 0 0 143,000 OPERATlrO 4'000 C 0 24,000 9 r 220,000 r 0 0 t STATE ItMING will 30,00D ( FOWJLA coo DISCRE110NART TOTAL I, CAPI1At i ` PLANNING 3.712 3,567 0 11,359 OPERATIYO 71i C 0 3r 36,443 110,000 63,229 3,567 71,413 125,259 . t ow, uy ( „ ~endaNo. AU 49enda! 1 gate - AMENDMENT n AUTAORI2ED !LOGES cKarA! G CONTRACTOR City of Denton STATE FROJECT NO.1 514XXF4014 CONTRACT NLMSERI TN91.0001( 16) ' 11A Ka", 1*90•446 TOTA: FEDERAL MATE STATE LOCAL FORMULA OTHER • 1REVIOUS TOTAL % r I. COITAL 161,250 145,000 1'172 15'790 12,666 OPERATING 440,000 220,000 11,551 36,443 110,000 PLANNING 10,000 24,000 3,900 0 ..Z.,..1.0 TOTAL 631,250 369,000 $3,229 i 51,233 •124,7!5 'p AMENDMENT 12 COITAL 0 0 0 112,205) 12,203 OPERATING 0 0 p PLANNING p p 0 0 0 9 TOTAL, (12,203) 12,203 1 s G O •O ry,' *v TOTAL 6r , CAIITAL 161,250 145,000 Irm 3,SG1 ` 24,391 4 . OPERATING "0,000 220,000 11,551 36,413 410,000 e PLANNING 30.000 24,000 3,900 tl 2,100 TOTAL 651,250 • 369,000 % 03r229 42,030 •136 091'. , kk i i J r' 4= 1 5 I I 1 v J CITY' {TPA COUNCI". k ¢ i y ~f a III l,,,,,1 ,~r it?~, 46 rl, t~ n i,R, k 1' l~+r .1 r f ry. t l r i } 0 J _ b In---- r i .r.T F ^r r Y •rr r r•r ~r rrr rrr rrr rrFrrr ry irrr rr r r: rrr r -f 9 11 t r r rrrrrrrr nrr -n r • 17. owl ~a~o gs~aa~ Aoftl ~o$s6 tt Cm Of DENTON, rEXAS MUNICIPAL BUILDING / DENTON, TEXAS 78201 /TELEPHONE (817) 58g 83p Office 01 the City Manager CITY COUNCIL REPORT TO: Mayor and Members of the city council FROM: Lloyd V. Harrell, City Manager DATE: August 12, 1994 SUBJECT: Resolution Authorizing the City Manager To Execute A Public Transportation Contract and subsequent With the Texas Department of Transportation For Funding Public Transportation Staff recommends the adoption of this resolution. ' BACKGRO tNn. Upon approval by the City Council, this resolution would authorize r +r t j, the City Manager to execute a subsequent amendments with the Texaso Department contract and (TxDOT). The Bailment of Transportation provide for the Acxpenditure of unds pursuant to S ctiont9 of the Federal Funding secured from this grant will be used to su plement ' SPAN and thereby ensure that public trans j City of Denton can be met, ;Dilation needs pin the The period of this contact is for the FY 194-950 from September 1, 1994 until August 310 1995. The City of Denton is r ' approximately $140,415 in next year's funding Cyr egfunding t for this period will be allocated for capital, for the The funding vehicles and replacement route signs; operations, to meet necessary expenses for SPAN equipment and personnel and purchase of y attend the Regional Trans t . for planing, to ;Dilation Council t. Transportation Technical Committee (STTC) meetingse)among otherce and Surfa Council will remember that an estimated $12,203 was shifted from the TxDOT contract for FY 1 contract for FY 0 93'94 and is included in the recommended evos 94-95 The Citll that bake additional funds a~vai able to eenhance SP AN serfs action will vices PRO 1qC ~ nee n~S OR GROLroS 1 • APF Pm7~n SEAN and City of Denton residents who use public transportation. f y 'Dedicated to Quality Service" . J~ raw% Ap1e0fJNo q~4a?(o Ape61teg ~~s6 ;p C1'r1e of offNTON, TL'XAS MUNICIPAL BUILDING/ DENTON, TEXAS 76201 / TELEPHONE (8}7) s66 -W? ONiae of the co Manew { j CITY COUNCIL REPORT f TO., Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager DATES August 12, 1994 SUBJECT= Resolution Authorizing the City Public Manager To Execute a Contract and Subsequent Amendme s With the Texas Department of nt Public Transportation Transportation For Funding $TL Staff recommends the adoption of this resolution. Upon approval by the City Council, this resolution would authorize a the City Manager to execute a subsequent amendments with the Texasc Department transportation contract and (TXDOT). The purpose of this contract is to provide p foratthe f }°x{enditura of funds pursuant to Section 9 of the Fed SPAN and therebyc en urer thathis grant will be oral Transit City of Denton can be not. Public transportation needsupplement the used The period of this contact is for the PY 494-95 fr 1994 until August 31 The Cit om September 1, ` approximately , 1995' y of Denton is re for this Y 8140,415 in next years funding cycle. Thegfunding " 4 period will be allocated for capital, for the purchase of vehicles and replacement route signsf operations, to meet necessary s expenses for SPAN equipment and attend the Regional Transportatpersonnel; on Couni?nd, for planning, to Transportation Technical committee (STTC) meetings(RTC) (R sC) and Surface g , among others. Council will remember that an estimated $12,203 was shifted from the TxDOT contract for FY '93-94 and is included in the recommended contract for FY X94-95. The City believes that this action will :sake additional funds available to enhance SPAN services. PB.QS~BdMS DFDSkrvew g OR ---~,SLROUP~RFFi+nrn. AN and City of Denton residents who use public transportation i "Dedicated to Quality Se Mce" ' 9u- >~endaNor- ~ Agsndati Date - FISCAL IMpACTs Adoption of this resolution will allow the City Manager to execute 1 the attached agreement to fund publio transportation in the City of Denton. F ;t Please advise if i can provide additional information, RESPECTFULLY SUBMITTEDo Lloy Harre i f ' City Manager I Prepared by= I ti~ r osep Pox uge Aksiistdnt to he City Manager t I w l ~ s F I t-; I s 1 r I f~ 1 r9 y } t , £ y P r _t , : r+....._. - ,.arr.,........ It 1 1 'Vrelr .l ~ F,P. 1 1 1 1 itVU1SS.A 1Ae11dd~0. I ~genda~t ~ late ' s~36 ~ RESOLUTION NO. I A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION CONTRACT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION r FOR FUNDING PUBLIC TRANSPORTATION; AND PROVIDING AN EFFECTIVE DATE. f WHEREAS, the United States Secretary of Transportation is authorized to award grants for a mass transportation program of projects and budgets and WHEREAS, the State of Texas is authorized under TEX. REV. CIV. STAT. art. 6663b, to assist the city in procuring federal aid for the purpose of establishing and maintaining public and mass transportation projectst and WHEREAS, the City of Denton desires to obtain public transpor- tation funds from the State for the purpose of establishing and j maintaining public and mass transportation systemst NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Manager is authorized to execute a Public Transportation Agreement on behalf of the City of Denton, Texas, with the Texas Department of Transportation to aid in the financing of public transportation, a copy of which is attached hereto and incorporated by reference herein. i r; SECTION IT, That this resolution shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the day of , 1994. f `t ;I BOB CASTLEBERRY, MAYOR 1 ~ ATTEST: JENNIFER WALTERS, CITY SECRETARY } BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY 1 BY: I f~ 1Q6i1d21t ' RECIPIENT: City of Denton CONTRACT NUMBER: 515XXF6009 STATE PROJECT NO.:URB-95ot( 18) PUBLIC TRANSPORTATION CONTRACT THE STATE OF TEXAS § THE COUNTY OF TRAVIS § J THIS CONTRACT is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the State, and the City of Denton hereinafter called the Contractor. WiTNESSETH WHEREAS, the State Is the administering agency for the State Public Transportation Fund as prescribed by Artkda 6663x, V.T.C.S.; and WHEREAS, the Contractor desires to obtain public transportation funds from the State for the purpose of establishing and maintaining public and mass transportation J systems; and WHEREAS, the State Is authorized under Article 6663b, V.T.C.S., to assist the Contractor in procuring federal aid for the purpose of establishing and maintaining pubao and mass transportation projects, hereinafter called the Project; and i t WHEREAS, the Texas Trans;ortation Commission passed Commission Minute Orders t No. 102550 and No. 103561 euithodzing the State to enter Into the necessary E agreements with the Contractor for funding public transportation projects; and NOW, THEREFORE, In consideration of the premises and of the mutual covenants 1 ` hereinafter set forth, the parties hereby agree as follows. I '1 I I r.,,.,.. 1 ~eridaNo. aendaltem ~ AGREEMENT ARTICLE 1. CONTRACT PERIOD This contract becomes effective on the final date of execution by the State's Director i of Publio Transportation and shall terminate on August 31, 1995 unless otherwise terminated or modified as hereinafter provided. Termination of the Contract shall not release the Contractor from the property management standards outlined in Article 9 below. j ARTICLE 2. PROJECT DESCRIPTION The Contractor shall undertake the public transportation project as described in Attachment A and in accordance with the terms and conditions of this Contract. Further, the Contractor shalt comply with the provisions of the Uniform Grant and Contract Management Standards prepared in response to the Uniform Grant and Contract Management Act of 1981. the Contractor shall commence, carry on and complets the Project with all practicable digatch, In a sound, economical and efficient manner In accordance with the prolulslons of Attachment A. ARTICLE 3. COMPEN;ATION I A. The maximum amount payable under this Contract without modification is ($140,415.00). The State will reimburse the Contractor for the authorized costs Incurred In carrying out this project which are further described In the budget , contained In. Attachment A. The State's payment to the Contractor Is contingent i upon the a:A.';abirdy of Federal anulor State appropriated funds. The State shall have no liability for any claim submitted by the Contractor or its subcontractors, vendors, manufaaurers or suppliers if sufficient Federal or State funds are not available to pay the Contractor's claims. B. To be eligible for reimbursement under this Contract, a cast must be Incurred within the contract period specified In Article 1 above and bo Included in the project budget contained in Attachment A. i 5 2 1" gendaNo C. Payment of costs Incurred under this Contract Is further governed lot 7 principles outlined in applicable Federal Office of Management and pfd (OMB) publications as follows: 3 State or local Governments OMB Circular A•128 lnstitutlor s of Higher OMB Circular A•133 ' Education and Other Nonprofit Organizations D. Costs claimed by the Contractor shall be actual net costs, that Is, the price paid minus any refunds, rebates or other items of value received by the Contractor that have the effect of reducing the cost actually incurred. In particular, fares and other passenger revenues shall be so Identified on the Contractor's billing to the State. E. All major items or equipment, as described In the capital budget In Attachment A, shall be included in this contract as direct costs. The Contractor hereby certifies that items of equipment Included in direct costs have been excluded from the indirect costs. F. Requests for payment are to be submitted to the State no more frequently than on a monthly basis, except as noted below, on invoice statements acceptable to the State. Additional documentation to support all costs Incurred during the billing period may be required at the discretion of the State. As a minimum, each billing must be accompanied by a summary by budget One item which Indicates the total uamotint authorized for each line item, previous expenditures, current period expenditures and the balance remaining in the One Item. The original invoice with required documentation is to be submitted to the following address: t James M. Huffman, P.E. j District Engineer I Texas Department of Transportation P.O. Box 3067 Dallas, TX 75221-3067 G. The State will make payment within thirty days of the receipt of property prepared and documented requests for payment. i i 3 I i w: RRR ~ ~ i 1 N. The Contractor will submit a final binng within forty-five days of the contract termination date specified in Article 1 above. 1. The Contractor shall make payments promptly to all subcontractors and suppliers. Failure to do so will be grounds for termination of this Contract by the State. The Slate shall not be responsible for the debts of the Contractor. ARTICLE 4. CONTRACT AMENDMENTS Changes in the scope, objectives, cost or duration of the Project authorized herein shall be enacted by written amendment approved before additional work may be j performed or additionat costs incurred. Any amendment so approved must be I executed by both parties within the Contract period as specified in Article 1. ARTICLE 5. SUBCONTRACTS Any subcontract for professional services rendered by individuals or organizations not j a part of the Contractor's organization shall not be executed without prior authorization and approval of the subcontract by the State. Subcontracts In excess of $25,000 shall contain all required provisions of this Contract. No subcontract will relieve the Contractor of its responsibility under this Contract. ARTICLE 8. RECORDS AND AUDITS A. The Contractor agrees to maintain financial records, supporting documents, } statistical records and all other records pertinent to this Contract. ;Y B. The Executive Director of the Texas Department of Transportation, the Texas State Auditor or any of their duty authorized representatives shall have access to the records described In Paragraph A above at all reasonable times during the contract period and for the period set forth In Paragraph C below for the purpose of malting audits, examinations, excerpts and transcripts. C. Financial recordsI supporting documents, statistical records and an other is records pertinent to the Contract shah be retained for a period of three years from final payment, with the following qualifications: l j . u 4 geWsNo. VGrld all date r law (1) If any litigation, claim or audit Is started before the expiration of the three-year period, the records shall be retained until all litigations, claims or audit findings Involving the records have been resolved. (2) Records for nonexpendable property acquired in whole or in pail with State funds shalt be retained for three years after its final disposition. (3) When records are transferred to or maintained by the State sponsoring agency, the three-year retention requirement is not applicable to the 1( Contractor. 0. The Contractor further agrees to Include these provisions In each negotiated subcontract. E. Contractor audit procedures shall meet or exceed the single audit report requirements outlined in Office of Management and Budget (OMB) publications (i as follows: f i State or Local Governments OMB Circular A-128 institutions of Higher OMB Circular A-133 Education and Other Nonprofit Organizations I ARTICLE 7. FINANCIAL MANAGEMENT SYSTEMS The Contractor's financial management system shall meet or exceed the requirements + Of the "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" (49 CFR 18). Those requirements Include, but are not limited to: A. Accurate, current and complete disclosure of the financial results of each grant program In accordance with State reporting requirements. B. Records which identify adequately the source and application of fundc for grant- ~ l supported activities. These records snail contain information pertaining to grant awards and authorization, obligations, commitments, assets, liabilities, outlays and inoome. ~g~aNc. 5 4WWI eta Asa ■:P4. Kvp 444. + C. Effective control over and accountability for all funds property and other assets. The Contractor shall adequately safeguard all such assets and shall assure that they are used solely for authorized purposes. E D. Comparison of actual with budgeted amounts for each contract and rotation of fnanciai Information to performance of productivity data, Including the production of unit cost Information, whenever appropriate and required by the State. E. Procedures for determining the eligibility for reimbursement and proper allocation of costs. F. Accounting records which are supported by source documentation. G. A systematlo method to assure timely and appropriate resolution of audit finding and recommendations. ARTICLE 8. PROCUREMENT STANDARDS Contractor procurement standards shall meet or exceed the requirements of the `Unlform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" (49 CFR Part 18), Including insurance and bonding requirements. The Contractor shall have written selection procedures which meet the minimum requirements of that document. The Contractor agrees to comply with applicable Buy America requirements set forth In Section 401 of the Surface r Transportation Assistance Act of 1978 (P.L. 95-599) and the Federal Transit Administration's Buy America regulations at 49 CFA 660. The Contractor agrees to f comply with the cargo preference, requirements set forth in 46 USC 1241 and Maritime I Administration reguwti!ma set forth In 46 CFA 381. The State must concur in the award of all purchase orders for nonexpendable personal property as defined in 49 CFR Part 18. } The Contractor will meet all obligations Incurred In its subcontracts with Its equipment suppliers, to spocificaliy Include the prompt payment of monies due the supplier upon delhrery of acceptable equipment. Should payment be delayed for any reason, the Contractor agrees not to operate any equipment that has been delivered without the express permission of the equipment vendor and to tend it the same protection it would its own equipment. I No 79 r - 8 =l, Data E ■ ARTICLE 9. PROPERTY MANAGEMENT' Y The Contractor agrees to comply with the property management standards specified in the "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" (49 CFR Part 18), in its control, use and disposition of property or equipment governed by those standards. Further, the Contractor shall ! comply with the property management standards adopted by the State in the Texas Administrative Code, Title 43, Chapter 31. In the event that any project facility and equipment are not used in the proper manner or are withdrawn from public transportation services, the Contractor shall Immediately notify the State. The State reserves the right to direct the sale or transfer of properly acquired under this Contract upon determination by the State that said property has not been fully and/or properly utilized. The Contractor shall maintain at least the minimum Insurance on all vehicles and other nonexpendable personal property as required by the insurance regulations of the State of Texas. Irrespective of coverage by insurance, unless otherwise approved In writing by the ' State, In the event of loss or damage to project property, whether by casualty or fire, the fair market value will be the value of the property immediately before the casualty r or tire. Unless otherwise approved by the Slate, in the event of loss due to casualty or fire, straight line depreciation of the asset, based on the Industry standard for a useful life, shall be considered fair market value. The Contractor shall not execute any lease, pledge, mortgage, Hen or other contract touching of affecting the State Interest In any facilities or project equipment; nor shall the Contractor, an by any act or omission of any kind, adversely affect ~ ~ Impair ~Y the State interest or its continuing control over the use of project facilities or equipment. The Contractor shall notify the State Immediately of theft, wreck, vandalism or other destruction of project-related facilities or equipment. ARTICLE 10. LABOR PROTECTION PROVISIONS The Contractor agrees to undertake, carry out and complete the Project under the I terms and conditions determined by the Secretary of the United States Department of Labor to be fair and equitable, to protect the Interests of employees affected by the Project and meeting the requirements of Section 13(c) of the Federal Transit Act. 1 i _ 4gendaNal#-046 Ago alto ` Date x 1 ARTICLE I1. CHARTER AND SCHOOL BUS OPERATIONS A. The Contractor, or any subcontractor acting on its behalf, shall not engage in charter bis operations ot4side the Project area within which it provides regularly schedulel public transportation service, except as provided under Section 3(f) of the Federal Transit Act, 49 USC 1602(1), and regulations pertaining to E Charier Bus Operations, set forth in 49 CFR Part 604 and any amendments that may be Issued. Any subcontract entered Into under these regulations Is incorporated into this Contract by reference. B. The Contractor, or any subcontractor acting on its behalf, shall not engage in i school bus operations, exclusively for the transportation of students or school personnel, in competition with private school bus operators, except as provided t under Section 3(g) of the Federal Transit Act, 49 USC 1602(g) and regulations pertaining to School Bus Operations, set forth at 49 CFR Part 605 and any amendments thereto that may be issued. Any subcontract entered Into under these regulations is incorporated into this Contract by reference. ARTICLE 12. MONITORING AND REPORTING A. The Contractor shall submit quarterly performance reports that provide as a minimum the following: i (1) A comparison of actual accomplishments to the goals established for the period. I (2) Reasons why established goals were not met. (3) Other pertinent Information Including, when appropriate, analysis and explanation of cost overruns or high unit costs. B. The Contractor shall promptly advise the State In writing of events which have a significant Impact upon the Contract, Including: (1) Problems, delays or adverse conditions which will materially affect the ability to attain program objectives, prevent the meeting of time i schedules and goals, or preclude the attainment of project wor!% units by established time periods. This disclosure shall be accompanied by a statement of the action taken, or contemplated, and any State assistance needed to resolve the situation. (2) Favorable developments or events which enable meeting time schedules and goals sooner than anticipated or producing more work units than originally projected. 8 ~pendaNo. go -A7 Apdaltrrm Dole . 1 ARTICLE 13. DISPUTES A. The Contractor shall be responsible for the settlement of all contractual and a administrative IssuesArising out of procurements entered in support of contract work. B. The Stale shall act as referealn all disputes regarding non-procurement Issues, and the State's decision shall be final and binding. ARTICLE 14. REMEDIES Violation or breach of contract terms by the Contractor shall be grounds for termination of the Contract and any Increased cost arising from Contractor's default, a breach of contract or violation of terms shall be paid by the Contractor. i This agreement shall not be considered as specifying the exclusive remedy for any default, but ail remedies existing at law and in equity may be availed of by either party and shall be cumulative. i i ARTICLE 15. TERMINATION A. The State may terminate this Contract at any time before the date of completion whenever It Is determined that the Contractor has failed to comply with the conditions of the Contract. The State shall give written notice to the Contractor I i at least seven days prior to the effective date of termination and specify the ' effective date of termination and the reason for the termination. ' B. If both parties to this Contract agree that the continuation of the Contract would not produce beneficial results commensurate with the further expenditure of funds, the parties shall agree upon the termination conditions, including the effective date. In the event that both parties agree that resumption of the Contract Is warranted, a new contract must be developed and executed by both parties. 0. Upon termination of this Contract, whether for cause or at the convenience of the parties hereto, the Slate shall retain unlimited and royally free usage rights of all finished or unfinished documents, data surveys, reports, maps, drawings, models, photographs, etc., prepared by the Contractor. D. The State shall compensate the Contractor for those eligible expenses incurred during the contract period which are directly attributable to the completed ` portion of the work covered by this Contract, provided that the work has been 1 completed In a manner satisfactory and acceptable to the State. The Contractor shall not Incur new obligations for the terminated portion after the effective date of termination. 9 Venda Na 4perldalf 1 Date ~~3a ' 1 E. Except with respect to defaults of subcontractors, the Contractor shall be in default by reason of any failure in performance of this Contract In accordance with its terms, including any failure by the Contractor to progress in the I performance of the work. Failure on the part of the Contractor to fulfill its i obligations as set forth in this Contract will be waived by the State for causes due to Acts of God or force majeure. ARTICLE 16. GENERAL PROVISIONS A. CIVIL RIGHTS During the performance of this Contract, the Contractor, for itself, its assignees i and successors In interest agrees as follows: { (1) Compliance with Regulation: The Contractor shall comply with the regulations relative to non-discrimination in federally assisted programs of the Department of Transportation (hereinafter *DOT*) Title 49, Code of Federal Regulations, Part 21 and 23 CFR 710.405(b), as they may be { amended from time to time (hereinafter, referred to as the Regulations), which are herein Incorporated by reference and made a part of this Contract. i (2) Nondiscrimination: The Contractor, with regard to the work performed by it during the Contract, shall not discriminate on the grounds of race, color, sex or national origin in the selection and retention of subcontractors, Including procurements of materials and leases of equipment. The Contractor shall not participate either directly or Indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3) Solicitation for Subcontracts, Including Procurements of Materials and E I m n : In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, i including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this Contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex or national origin, (4) Information and Reports: The Contractor shall provide all Information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its faoirities as may be determined by the State or the Federal Transit Administration (FTA) to be pertinent to ail' 1 10 "a No Agendait Date . .emu.:., t.4:.. S1 s cam:. ascertain compliance with such Regulations, orders and instructions. Where any Information required of a Contractor Is In the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the State or the Federal Transit Administration, as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the Contractor's I noncompliance with the nondiscrimination provisions of this Contract, the 1 State shall Impose such contract sanctions as it or the Federal Transit Administration may datermine to be appropriate, including, but not limited to: (a) Withholding of payments to the Contractor under the Contract until the Contractor complies, and/or (b) Cancellation, termination or suspension of the Contract, In whole or In part. (8) lnoorooration_of Provisions: The Contractor shall Include the provisions of paragraphs (1) through (6) in every subcontract, Including procurements of materials and leases of equipment, unless exempt by the regulations or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or pfocurement as { s the State or the Federal Transit Administration may direct as a means of enforcing such provisions Including sanctions for noncompliance: Provided, however, that, In the event a contractor becomes involved in, or is threatened with, Rigation with a subcontractor or supplier as a result of such direction, the Contractor may request the State to enter Into such litigation to protect the Interests of the State, and, In addition, the Contractor may request the United States to enter into such litigation to protect the Interests of the United States. B. NONDISCRIMINATION ON THE BASIS OF HANDICAP The Contractor agrees that no otherwise qualified handicapped person shall, solely by reason of his handicap, be excluded from participation In, be denied the benefits of or otherwise be subject to discrimination under the project. The Contractor shall insure that all fixed facility construction or alteration and all new equipment included In the project comply with applicable regulations regarding Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefitting from Federal Financial Assistance, set forth In 49 CFR Part 27, and any amendments thereto, and the Americans with Disabilities Act. 11 ~enCaNo Ap9nda11 Date 4 0. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM REQUIREMENTS I: It is the policy of the Department of Transportation and the State that ~Ir Disadvantaged Business Enterprises as defined In the Intermodal Surface Transportation Efficiency Act of 1991, Pub. L. No. 102-240, Sec. 1003, 105 Stat. 1914, 1918-1922 (1922), shall have the maximum opportunity to participate In the performance of contracts ad subcontracts financed in whole or in part with Federal funds. Consequently, the Disadvantaged Business Enterprise requirements of Pub. L. No. 102-240, Sec. 1003 aPPhr to this Contract as follows: The Contractor agrees to Insure that Disadvantaged Business Enterprises t (DBE) as defined In Pub. L. No. 102-240, Sec. 1003 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or In part with Federal or State funds. In this regard, the ' Contractor shall take all necessary and reasonable steps to meet the Disadvantaged Business Enterprise goal for this contract. The Contractor shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts funded in whole or In part with Federal or State funds. These requirements shall be physically Included In any subcontract. The percentage goal for Disadvantaged Business Enterprise participation in the f activities to be performed under this contract Is a min?mum 10% of the contract dollars available for contra iing opportunities as defined In P. L. 102-240, Soo, 1003. The contractor shall submit to the State reports on DBE compliance efforts and documentation of good faith efforts to meet the DBE Information shall be provided to the State on the format(s) and .at Intervals prescribed by the State. Failure to carry out the requirements set forth above shall c*nstitute a breach of contract and, after the notification of the State, may result In termination of the contract by the State or other such remedy, which may Include reductions In i future grant awards, as the State deems appropriate. e D. EQUAL EMPLOYMENT OPPORTUNITY The Contractor agrees to comply with Executive Order 11246 titled "Equal Employment Opportunity" as amended by Executive Order 11375 and as supplemented In Department of Labor Regulations (41 CFR, Part 60). I 12 AgWaNo y-{9 W. j Agertdal 7 Defe ~ ~ i i ~;erbaflcI~ A0 Walt 1 ih E. AFFIRMATIVE ACTION Gate The Contractor warrants that affirmative action programs as required by the rules and regulations of the Secretary of Labor (41 CFA 60.1 and 60-2) have r been developed and are on file. F. SPECIAL PROVISIONS FOR CONSTRUCTION OR REPAIR CONTRACTS (1) Contract Work Hours and Safety Standards Act The Contractor agrees to comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC, Part 327.330) as supplemented by Department of Labor Regulations (29 CFR, Part 5). (2) Copeland "Anti-Kickback" Act 1 The Contractor agrees to comply with the Copeland "Anti-Kickback" Act (18 USC 874) as supplemented In Department of Labor regulations (29 CFR, Part 3). I (3) Davis-Saoon Act The Contractor agrees to comply with the provisions of the Davis-Bacon Act (40 USG 176a to 9-7) as supplemented by Department of Labor regulations (29 CFR, Part 5). j (4) Relocation and Land Acquisition The terms of the Department of Transportation regulations "Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs" (49 CFR Part 25) are applicable to this Contract. , (5) Insurance and Bonding The Contractor shall comply with Insurance and bonding requirements as established in 49 CFR Part 18. i, (6) Signs f The Contractor shall cause to be erected at the site of construction, and maintained during construction, signs satisfactory to the State and the United States Department of Transportation Identifying the project and indicating that the Government Is participating in the development of the project. _ 13 i I s i A, rrj r +pendaNo. ipef~tlal , ' -late - - 0. ENVIRONMENTAL PROTECTION AND ENERGY EFFICIENCY / ?Oa36 i The Contractor agrees to comply with all applicable standards, orders or requirements Issued under Section 308 of the Clean Air Act (42 USC 1857(h); Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and Environmental Protection Agency Regulations (40 CFA, Part 15). The Contractor further agrees to report violations to the State. The Contractor agrees to recognize standards and policies relating to energy efficiency which are contained in the State energy conservation plan Issued in compliance with the Energy Policy and Conservation Act (P.L. 94.163). H. CONTROL OF DRUG USE f I } The Contractor agrees to comply with the terms of the Omnibus Anti-Drug i Abuse Act of 1988 (P.L. 100-890, Title V, Subtitle D). E r I. SUSPENSION AND DCBARMENT The terms of the Department of Transportation regulation, `Suspension and Debarment of Participants In DOT Financial Assistance Programs" set forth at 49 CFH Part 29, are applicable to this Contract and the Contractor must complete the Contractor Certification which Is Included as Attachment B. Further, any subcontractor employed by the Contractor Is also bound by the r terms of 49 CFR Part 29 and must complete a Contractor Certification (Lower Tier) form. J. RESTRICTIONS ON LOBBYING Pursuant to Section 319 of P. L. 101.121, which generally prohibits recipients of Federal funds from using those monies for lobbying purposes, the Contractor shall comply with the attached Special Provision `New Restrictions on Lobbying", which is Included as Attachment 0. K. PROHIBITED ACTIVITIES The Contractor or any subcontractor shall not use Federal or State assistance funds for publicity or propag2inda purposes designed to support or defeat I; legislation pending before Congress or the Texas Legislature. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Contract or to any benefit arising therefrom. 14 f . i gsodaNo 12 1 ~gendail 1?ate Ij No member, officer or employee of the Contract during this tenure or one year /P l thereafter shall have any interest, direct or Indirect, In this Contract or the i i , i proceeds thereof. Texas Transportation Commission policy mandates that employees of the Department shall not accept any benefits, gifts or favors from any person doing business or who reasonably speaking may do business with the State under this Contract. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the State Executive f Director for the Texas Department of Transportation. Any persons doing business with or who may reasonably speaking do business with the State under this Contract may not make any offer of benefits, gifts or favdrs to Departmental employees, except as mentioned hereabove. Failure on the part of the Contractor to adhere to this policy may result in the termination of this Contract. L. ASSURANCES The Contractor will comply with Texas Civil Statutes, Article 5996a, by Insuring that no officer, employee or member of the Contractors governing board or of the Contractor's subcontractor shall vote or confirm the employment of any person related within the second degree by affinity or third degree by consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years prior to the election or appointment of the f officer, employee, governing body member related to such person In the prohibited degree. The Contractor will Insure that all Information collected, assembled or maintained by the applicant relative to this project shall be available to the public during normal business hours in compliance with Texas Civil Statutes, Article 6252-17a, unless otherwise expressly provided by law. The Contractor will comply with Texas Civil Statutes, Article 6252.17, which requires all regular, special or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. M. PATENT RIGHTS If any Invention, improvement or discovery of the Contractor or any of its subcontractors Is conceived or first actually reduced to practice in the course of or under this Project, which invention, Improvement or discovery may be patentable under the Patent Laws of the United States of Amedca or any 15 i ~i "I a Na Apendalt i foreign country; and If said Invention, improvement or discovery 3 become the property of the State under Article 15.0 above; the Contractor shall Immediately notify the State and provide a detailed report. The rights and responsibilities of the Contractor, subcontractors and the United States Government with respoct to such invention will be determined in accordance with applicable Federal laws, regulations, policies and any waivers thereof. j Further, the Contractor shall comply with the provisions of 41 CFA, Part 1-9. N. COPYRIGHTS i The Stale and the United States Department of Transportation shall have the i ' royalty-free, non-exclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, the work for govemment purposes. { 0. INDEMNIFICATION To the extent permitted by law, the Contractor shall Indemnify and save harmless the State from all claims and liability due to activities of itself, its agents or employees, performed under this agreement and which result from an error, omission or negligent act of the Contractor or of any person employed by I 12 the Contractor. The Contractor shall also save harmless the State from any and all expenses, including attorney fees which might be Incurred by the State kk in litigation or otherwise resisting said claim or liabilities which might be l Imposed on the State as a result of activities by the Contractor, its agents, or employees. I P. SUCCESSORS AND ASSIGNS I The Contractor binds itself, Its successors, ass gns, executors and adminlstrators in respect to all covenants of thls agreement. The Contractor shall not sign, sublet or transfer its interest in this agreement without the written consent of the State. 0. CONTRACTOR ACKNOWLEDGEMENT The Contractor acknowledges that it Is not an agent, servant or employee of the State and Is responsible for Its own act and deeds and for those of its agents or employees during the performance of the contract work. j 16 1 I r R. LEGAL CONSTRUCTION cd.3c; In case any one or more of the provisions contained in this agreement shall for r any reason be held tq. be invalid, Illegal or unenforceable In any respect, such invalidity, illegality or unenicrceability shall not affect any other provision thereof i and this agreement shall be construed as if such Invalid, illegal or E i unenforceable provision had never been contained herein. S. PRIOR AGREEMENTS j 1 This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between thb parties respecting the within subject matter. r { f A i i f' 1 .fir I.r „ ~ ` r. III 17 gw4NO~pp i O IN TESTIMONY WHEREOF, the parties hereto have caused these presents aO executed. j STATE OF TEXAS CONTRACTOR, I l Certified as being executed for the Byl purpose and effect of activating and/or carrying out the orders, established po6des, or work programs heretofore Date;, , approved and authorized by the 76xas Transportation Commission under the authority of Minute Orders 102550 and 103561. f ,APPROVED: gigretw By. Require? Director of Public Transportation Date i i RECOMMENDED FOR EXECUTION: District Engineer, Dallas DistAd I ^r 18 slam, } Apa Wo. . ApeWal y ` 7/20/91 A) TA CONTRACT NUDG6t CONTRAC10Ra City of Denton CONTRACT VJKAt SISXXF6009 KATE PROJECT 0.1 U111.9S01t (a) FIR "Cgs TX.90-X r LIME 11E14 f DE1CR1►TIOII TOTAL ►EOERA/ 1TATE LOull CAPITAL XX.XX.IDC Three (3) whlet" tt/llfts 200,000 160,000 26,000 14,000 xx.Ki,XX Replacement MAO plans 2.000 1,600 260 140 202,000 161,600 an 26,260 13% 14,140 7% PLANNING 41.11.00 Grant Omt/Abdn 50,234 40,117 6,530 3,516 50,234 {0,167 e0X 6,530 13X 3,516 7X OPERATING 30.09.00 "rating (10/% 9/95) 430,300 215,250 107,625 107,625 t {30,500 215,250 SOX 107,625 251 107,625 25% I , TOTAL A2,?M 417,037 61X 140,05 21X 125,211 in r11Dm pmua wit, k TX-90•X TA-904001, 11.90•007 TOTAL CAPITAL 161,600 0 0 164,600 ' f " hANN14 40,187 D 18? V 6 OMAT too 25,250 0 0 21S,2Sa ,F 417,031 0 0 417,037 erArIf alrtl.mlrt fOINULA Cs► 61SMt1ONART TOTAL F WItAt 14,05? 12,203 0 26,260 i1 PLANNING ` 6,530 a 0 6,530 OPERATING 107,625 0 0 107,625 { 3° ~ 12x,212 ....'Z'... ........Q ...1co,41s ~ f emu. I Debarment Certification (Negotiated Contracts) i (1) The CONTRACTOR certifies to the beat of its knowledge and belief, that it and E Its principals: l (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; i ( (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or perform- ing a publics transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, then, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; W Are not presently indicated for or otherwise criminally or civilly charged by E governmental entity with commission of any of the offenses enumerated In paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this applicationtproposal had one or more public transactions- terminated for cause or default. (2) Where the CONTRACTOR is unable. to certify to any of the statements in thiacertification, such CONTRACTOR shall attach an explanation to this certification. •federal,etate or local 8i®ontur~ Required a ~neture na t Title u roam 1734A W0 s i o.x~a p 3 war No. gggndaI (te ' f Debarment Certification y l Lower Tier Participant (Negotiatcd Contracts) 1 f being duly sworn r,eaert name of eerwying oRkiatr or under penalty of perjury under the laws of the United Staka, certifies that nor its neither none rt name of beer tier par,Pant~ principals. are presently: 1 • debarred, suspended, proposed for debarment, j E • declared ineligible, • or voluntarily excluded from participation in this transaction f by any Federal department or agency tohi Of the Where the above Identified ,such pprospecti a participant sh ll indicate the to this C below to to whom above hom statements exception applies, certificationthe initiating agency, and dates of action. dered Exceptions will notnecessarily result indental of viding false nformatioa may consiresult in determining contractor re..ponsib y criminal prosecution or administrative sanctions. } BXCBII`IONS: $&gnata►e of Grtihia{ fMlWal Tale Data of cerunutlon i See Reverse for Information 1;_ Form 1714 pW.ey apendaNo a~` Apertdalt Certification Information Date Q i This certification is to be used by contractors pursuant to 49 CPR 29 when any of the f following occur: • any transaction between the contractor and a person (other than a procurement contract for goods and services), regardless of type, under a primary covered transaction • any procurement contract for goods or services when the estimated cost is $25,000 or more • any procurement contract for goods or services between the contractor and a person, regardless of the amount, under which the person will have a critical influence on or substantive control over that covered trans- action. Such persons include principal investigators and providers of federally-required audit services. A procurtnwnt transaction is the process of acquiring goods and services. A nonprocurement transaction is the granting of financial assistance to entities to { assist the grantor in meeting objectives that are mutually beneficial to the grantee I and grantor. THIS CERTIFICATION IS TO BE FURNISHED TO A COPY, OF ORMEI) REPRESENTATIVES OF THE STATE OR THE U.S. ; AUTH ' DEPARTMENT OF TRANSPORTATION UPON REQUEST. e • i. 7 ..fit i f t { • f Jos 1 aT..Y ~gertCaNo AgeWatt LOta CERTIFOIg TION t RESTRICTIONS ON LOBBYING hereby (Name an Title o Grantee 6fficial) certify on behalf of that: Name o Grantee) (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a + Member of congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of I any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, o: modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to E influence an officer or employee of any agency, a member of congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to report Lobbying," in compliance with its instructions. s (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrantse and contracts under grantee loans, and cooperative agreements) and that all subrecelpients shall certify and disclose accordingly. This certification is a material representation of fact upon which ` reliance is placed when this transaction was made, or entered into. Submission of this certification is a prerequisite for making or entering into this transaction Imposed by section 1352, title 31, U.B. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $1008000 for each such failure. Executed this day of , 19 Slgnatar Retuired i Bye gnature o but or se Official Title of Autor:c ca i r i A , a, all i k ' ~gendaNa Agenda! 1 CERTIFICATION Data I OF a Ca " RESTRICTIONS ON LOBBYING , hereby (Name an Title o Grantee Official) certify on behalf of that: (Name o Grantee (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making r of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been i paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to report Lobbying," in compliance with its Instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subreceiplents shall certify and disclose accordingly. This certification is a material representation of fact upon which 1 reliance is placed when this transaction was made, or entered into. Submission of this certification Is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, O.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $100000 and not more than $100,000 for each such failure. ~ I Executed this day of , 19 SIgnstur Required Syt gnature o Author iced Off c a j Title o Authorized Official E i t I Federal Reyieta I Vot. bl. No. 2171 Wedneedey, Weember 2A ION 1 Noticco G212J DISCLOSURE OF LOBBYING ACFIVMES ' e,aenr C0"41$Ma %M b irdoe. W%" 4C0v11 hnyW M J1 U J C.11f f On mere 1a pwbw woke Amkwo.l E O 1 t Tie of Idarel AaWro i k" of h/et~► AAYw b NW f1w. V A. top~ a MieNe.mppkNke a NiW D b. owa . b~i1W e,.ar~ D b. wNMr cs"em" 10 1 be C. pm-Nord Jn f dow sheep 0* prnentp ~ "Now e. Mr, f' 1. kM.nvlntt IateeetgMW t NOW Vd Ad*" w 9"*V% l M ftiMetly U U N& { b fe►wrtw. NW maw a rrrM fj J,Aaar6e eef Ai~w el hlr~ T,er r {roam. ~ i i i C OkMeL I A' a+, C oiwM1 r w.h: ►eMrol o+►~K 4iea1• f. ►e/erel hapaw ~ e/fsA 1+wrwt. r e0pkabh. f. /e4ra1 AetbO free,let. / {nOww: A AeeN AwMr1, ~ h,awa: J 1{. a bh Aft f& ah4 Allree, M t i nFM. Ask , /Mrt H ha lOJ Jenks im" W&m r p/Mrdn+rwl, fill A&". fie W It hems, &V him. hn 11. Anwim of f4ymem (C" ell"#^*2: IJ. Toe of rejam l IeMd ON /41 ppfyr, k J a actwl o eiw." O wow a b. ehrtin,e fee 12. hmr w ►ay"m k4d an ow 0*4 O 6 CWMW4 " it 9 o" In a b A404 Mears A"e Q L. it hkf oherIm of so%" rpln.w/>M is M h4wow W oeleie) of Jer.ka koo ft oft eagkl.aa , M fASeabahtl cam" let P"m b&WW {r Mete It: f . l ~PLMM IL CeegeeMiM fbeeltt, N~JJa Ml.aie~ at" 0 w 0 Nov~ me~ewa►wM•a*~1MMetc ww. 40 as eau,ra at WAM aw w a r Now gWWAMW ~M00 ~ apaawkWAMrMoft* i ra,rw w ar r wad as ea sash a aawt rftm • hbi MaIMR r. r 1 c rru *a w+m. we to aawM h h co" am f~ i a.aJ. N M. &oft Ia *sa ow~ ra P~ w M r ww aw.at awn hl e•~ a r IWP%^ l.trr ' to "w am r,r la rll M wt rt tYa Te4~beae Nl*: Jded Vas cw f, 1 e Nw W/ MM.n as n,ap♦ ` 1 alt ' b 54324 rodersl Resister I Vol. SI. No. 2411 Wednesday, Ltecamber to. that r Noncts i iNST3tUCT10NS FOR COMPILMON Of S►•LLL. OISCtOSURE OF tOBOYINC, ACTIVITIES { Wit dncloswe loon shat be composed by de ttpuninl toothy, whethat sutawadee a Prime federal redpe fit at the t bdN,tion a trettPe of a cottoned Federd ecNo4 a a W41 dwV to a peerieus Mw+s• Pwtiuane a ask 31 U.S.C. sealer 1353. TWO tlsns of a tam Is wAulred Its ads paymons a asreemenI to nuke Payment to aey entity for lehfluahdns or stlenhPUl to bhflwice an ollt" or ;7;;L mfW 0"W agency. I Member er Consrre, in ofircer or contort of CarsrnL VIn enroteree of a Mltmber s in temeetion whh a cc" Fedey action the Me SFALL-A b" she WU "fWidd+ W Ialorn NP &S. RO Via *at an to O the form Is Yudeawte. Ckhooll a all NtTa 041 8090Y IOP of Mw" emom ay k*" be od"ard w ~ Rekr to the l n~rwe'i i~drrCe IubMhed by the Office of t. ldanty Ore by M eerMDed Felerd Sttton br wlhids lpbby4~ fKffvffF b antra Mai been saved d Influence the 01RCtoetlt K I t~rerad Faders! adost. 1 Wendy, #e stable M tM covered ►e" Salton. I 3 )dandy fporoPrtaN datsileatoi of two eepoA a sire w a feMowup trrW caused by a material dwlt to the ? I Information pevieuAr reported, auet taw yet Sod Hurter N srKdr tie dunce Occurred. Eater the dale of the hat pevlov* tu0ndned aspen by this repo u mdy fa this tovaad Falderal editor. i d. Enter the AA name. address, ft two Ind alp cede of s ho entry is ConpesaiOW PslricL H krroww Chid Me aPP~P a daalflatien of the eepAiep omity clot &ys s t It b• Or trwas to be. a prime or subowrd nctplenL Ida ply the on of the suba.rdte. a;, tho first suba»ardet of the prime Is the ht lief. Subawrda ' but are na Lmhtd to subeontracu, Nbr&Ms Ind contract s%srds under rants. S. Ifthe a Nj the few In hem a checks •Subawarda', than enter the full nave, address, Ott, rtne and lip code of 04 Prime Fedval ealpierd. tnxtude Conrostional District It known. i. Enter to name of the Federal altr+cy rule It the award Or IW comornit rhtnt. Include at least " alsniralwnal level below gtncy name, if knoem fa eunple, Department of iranspafalkw% United firm Cau Guard Jr. Enter de Federal prevent nano of dowption for the covered Federal action them It. If known, enter the full Cal*$ of Fednal Domes ie Asshtarue ICFDN :umber so rents. ceopaative areanenis. Ioans. and loan `II eon n"ff* ts. 1. Enter the Wert APProprtatt federal Weh6kinl number avapsbte be to fedtyl actor Idtnt.Gtd in depth I le{, Rtqunt for hoposst (UP) Humber: Irritation for lid (IM number, rant anno,rncemeni number, the contracL OWL a lam Sward number, the agplcat onYhropouf control rxirshbee aslsnM by the ltde+al astngl Include Prtfian. ts,'IUF•D4'IO.OOt.• 9. For a covered Federal action wiire then has been am Iwad W Joan commitment by the federal &I", enter the Federal amount of the I%Wd ban cOmmttrent IV to prime onsity Warmed in Item a Of 3. IQ. (slErhlet the tul name. atdren, ft. state will tip code of IN lobby" enptV st"ed by the etWmi entry W"likd in item I to irewrce the eovend Federal Iclior. (Water tai hall names of the 1;44 +d(s) pMarnins wvkot will Include limp address l dffvtm hom IQ (41. Enter tul !ease. Fist Name, and Middle Mdtid (MU). 11. Ent" ft amoltnt Of eanptntatiton paid or M&W%1 y npMed to be paid bt the rtW.inl Wirt (item H Io the ffill"ll (item MMhr, t the paym+eM Me been etude uAwio or wrL be made IP<snrwdt. Check oNb• srsolortlef duple eepK oMa fit voWatbo want of payment made a planned ON bous low a 9416, 14, Chad Oho fgPMOM bodes). Brack so bees tMt appy. N payrumt Is made &WO M lnitnd contribution. /pldy tM noMSe and terra" M Or badrid pM SML 13. 0" /r1 Mpldale lee(n1. CI" so brul ttket aPpy. if odha. Vedb ir►+e. 14. FIG"We 11PSdk Ind dtlh%4 11eeaVOR0 of Ik W*" OW to kbbytd hat IN far to a wM be etpected to "own W4 ft dews) of NFA W4M ath roderilfnyOft& WW* Vie ~ aRpreP~r~ery and rekted aaim7y, not Jnrsl tiny spent in orrPftWA so M embeKd of Canrew ow Wet nsttaewd."s) ompfoyea(s) torrtacttd M *4 oMhcMsl. 1S. Chad svholhee or AN a VUX-A CoiOrtasaUort Wwlsl Is Ias&" 10. IM art ft ONdd oral silo lW4 dw Oho bmt 044 N *@ MOL We. and Nltphostt nswnber. pAk aPtgrhl bhrdm Ir M C411114 20 M e40onal ' It 00"movd a P"t 34 ■whfues Pv Molo w, Yh hAhlt who fp aloe mnl Iw~ a~"S dau 6&^Q L 04" toy we ntewry dse tau rMedtt and c a P4trr ant nvvwhr~ ft enter troth at la +Mrairr) M bhedlr► M Irftliwt tt the wove n a t Val sow owl slow edtarera of whreuhen rs►udirl sruaLaha venal Irir4et aptn.erl ledhrc ,a Mract IaSeI /anal. wasirysen Dc IM) r r 17 ►~n1 RgSN~r 1 I'oL 64. No. 212 I WedeeWdy,Decembcr Y+• 19a1i 1 NoUecs _ _ ^ asss Q E?ISCLOSUitE OF LOBBYING ACTIVITIES CONTINuAnON SHEET ~ PKt i i ` r xpK k r, ~ 3 I II i I ' ~F, VIII i 1 5232F■Qere1 Rerfelu r Vol. $I. No 217 ! Vi'edntidq. December 20 19!9 ! N1,1irro Appendix C to Part -'contract Clause - NEW RESTRICTIONS ON L095yINa I (a) Definitions. As used in this clause, "Agsncy", a defined In S U.B.C. 532(t), includes federal executive departments and agencies as well as independent regulatory eomisalons and Government corporations, as defined in 31 U.B.C. 1101(1). { 'Gowned !Adorel actionst satlon" means any of the following federal ! (1) The awarding of any federal contract, (2) The taking of any Federal ~sants (3) The making of any federal loam (1) The entering into Of any cooperative agreesentt and, (S) The extension, continuation, renewal, asendment, or madifieation of any Federal contract, grant, loan, or cooperative agreement. Covered Federal action does not include receiving from an agency a cor.:itment providing for the United States to insure or l guarantee a loan, "Indian tribe" and "tribal orgenitatien" have the saapinq provided in section 1 of the Indian Salf-Determination and included~ undtr the de initiorsUof Indian tribes ink thataAct.s are "influenein or attempting to influence" means making, with i the Intent to influence, any communication to or appearance 3 before an officer or employee of any agency, a !!ember of Congress, an officer or Ample so of Congress, or an employee of a Member of Congress In connection with any covered Federal action. j "Local government• means a wit of government In a state and, it chartered, setabilshed, or otherwise recognized by a State for the performance of a governmental duty, Including a local public authority, a special districtg an. Intrastate i district, a Council of representative organisation, a 3o any other 4natmentilitygatua local goven sent. ~ "Oft1Nr or uploy" of an agency' includes the following individuals who are employed by an agency: (1) An individual who is appointed to a position to the Government under title S, V.S. Code, including a position under a temporary appointment, (2) A member of the uniformed services as detined in $action 101(3), title 37, V,S, Codet (3) A special Goverment employee as defined in section 202, title 11, U.S, Code, and, 21 I ~aneaNo. y-OZ6 40 af( 7 13rr f.~: 1 . T. iLYy Y/i..a~ ledetel Mepeie, I% of 54. NO -4J f k%tong ede), VeceTuer W. lud9 r Nall ce~.,..~.U. An individual who is a nester of a fs nmitteolActy Y titlettesy.as jinappendixej by Advisory Co Nation" Weans an ied partnershiporsociety Sts a Asand associationj authority, focal government, reqardless of whether such entity is operate for profit or not !or profit. This trs.excludes an Indian to exp organization, any by othosifederal respect triba r r ps law. aAessonable compensation" means, with respect to a regularly employed tentffwith the emploee compensationform such officer or esployes for work that is not furnished to, not lulled by, employee or not furnished in cooperation with the Federal Government. "Ressonabls payment" mane, with reepect an such aaotessih+t aid other technical services, a paym for neh s+ nt that the consistatot with the amount norms ly paid private sector. "Recipient" includes all contractors and subcontractors at any tier in connection with s federal contract. The term t excludes an Indian tribal tribal organisation, or any other Indian organization federal respect to expenditures specifically permitted by other "Regularly employed" means, with respect to a-I officer or employed by ederal for cat or peemployeerson its or anp officer of least 170 working days within one year Immediately preceding ihe date of the submission that initiates agency such person for receipt of such contract, An officer or employee who is employed by such person tot less than 110 working days i within i itiates aq sncystconsi ppderatiotn ofs such ope sonsshalls be that considered to be regularly employed as soon as he or she is employed by such person for 170 rorking days. "state" means a State of the United stateso the District of possossion ofe the Vnnlted sthtates an RICO, instr *ntality of aovtate$ WA dutlsti-~at~sg~ional, or interstate entity having g (b) prohibition. (1) Section 1762 of title 71, U.s. Cod the = c!p! In part pay that no appropriated funds may km expanded federal contract, grant, lean, or cooperative agreement to of a 22 ;No 9 ' 6 S s Ap *1 ,yam / {CR 3/~d36 Y - I1~ l ~Y{': 1C : Y11VY r~ yes y. Lae SUM rederel Ret(eter / vol. 51. No. 243 i Wednesday. December 20. 19M ogees any person for Influencing or attempting to Influence an officer ! or amployea of any agency, a Member of Congress, an officer or i employee of Congress, or an employee of a Member of Congress in connection with any of the following covered Federal actions: the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agrease:it, and the extension, continuation, renevol, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement, (2) The prohibition does not apply as follower Agency and legislative liaison by own nsployees. (A) The prohibition on the use of appropriated funds, In psragrap*Y 1) of this Nation, does not apply in the case of a payment or reasonable compensation made to an officer or employee of a person requesting or receiving a federal contract it the payment is for agency and legislative' liaison t activities not directly related to a covered federal etion. purposes of paragqraph a (A) of this # section, providing any Information specifically requested by an # I agency or Congress is allowable at any time, t purposes of paragrary~ (A) of this section, the loilovlnq igency and legislative Matson activities j are allowable at any time only where they are amt related to a I specifio solleitatiolLfor any covered fedeeal aftioni 1 Discussing with an agency (Including individual demonstzations) the qualities and characteristics of j the person's products or services, conditions or terms of sale, I and service capsbili esf and, I (Ai) Technical discussions and other activities regarding the application or adaptation of the person's products or services for an agency's usei''(swI for for purposes of peragraph (A) of this section, the folllowing agency and legislative I arson activities are allowable only where they Are prior to formal solicitation of any covered fedora ion2 `~f providing any information net specifically requested but neeessal" for an s envy to make an informrd decision about initiation it a covered Federal aetiont J i) Technical discussions regarding the 1 preparation rv2 an unsolicited proposal prior to its official submission and J (1) Capability presentations by persons seeking awards from an agency pursuant to the provisions of the small Business Act, as amended by public law 95-307 and other subsequent amendments. 21 ~enEaNo 4QenQalt 20~~ I i tedenl Rgister I Vol 34. No 243 1 Wednesday. December +„p, 19x9 1 Notices SU29 (Z) Only those activities ouprsssly authorised b paragrapiia(1) of this section are allowable under paragraph (1) (11) professional and technical services by own Employees. (A) She prohibition on the use of oppropriated funds, in paragraph ol) of this section, does not apply in the case of a payment o reasonable compensation made to an officer contract or an extensslon,~ cronttnuatlon ~sreneval,~iaamenamentt,, or modification of a Federal contract it jayment is for professional or technical aervices rendered directly in the preparation, submission, or negotiation of any bide proposalp or appliestion for that Federal eontraot or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal contract. (a) ror purposes of paragraphs (A) of this section, "professional and technical services• shall be limited to advice and analysis directl a lying any professional or 3 technical discipline. For • Y•p attinq of a legal docvmernt accompanying a bid or propos ae 2 by a lawyer is allowable. simllariy,. technical advice provided by an engineer on the performance or operational capability of a piece of equipment rendered directly in the negotiation of a contract is allowable, However communications with the intent to influence made by a ; professional (such as a licensed lawyer) or a technical parson (such as a licensed eooountart) are not allowable under this f section unless they provide advice and analysis directly applying their professional or technical expertise and unless the advice or analysis is rendered directly and solely In the preparation, submission or negotiation of s covered Moral action, Shusp for example, communications vita the Intent to Influence made by a lawyer that do not provide legal advice or analysis directly and solely related to the legal aspects of his or bar client's proposal, but generally advocate one proposal ever another are not allowable under this section because the lawyer is not providing professional legal services, Similarly, communications with the Intent to intluence'aade by an engineer providing an •n sneering analysis prior to the preparation or submission of a bid or proposal are not allowable under this section since the engineer to providing technical oarvices but not directly In the preparation, submission or negotiation of a covered rsderal action. (C) Requirements Imposed by or pursuant to law as a condition for receiving a covered rsdaral award Include those requuired byy low or regugglation, and any aOWr requirrssmante in thhee actual award documents, 21 ~peecaNo ~-QZ~ - AQODd'alt S y 23iP s +ar i Fog r 32270 lederv Ilernetee 1 Vol. 54. No. 213 1 Vy'edneedq, December 20.11!9 1 Notice, CbX~1 (Q) Only those services expressly authorized by of this section are allowable under paragraph 6)C2) paragraph A(ii) 1 (!!i) Reporting for own toployees. r No reporting is required with respect ped olticrasstos employessbof compenestion made to regularly a person. (iv) professional and technical services by Other than own roployees. (A) ~~'1~a prohibition on the use of appropriated , !'unL4, in paragragl l) of this section, doss not apply in the case of any seasonable payment to a person other than an officer or employee of 4 person requesting or re: living a ,veered federal action, it the payment is for professional, or tact Acal services on, submission, err contractlor rendered directly In the preparation, of any bid, proposal. or % lication or the=`uantato olawaioa for meeting requirements imposed by e condition for receiving that Federal contract. CyXW Ur) s yor purposes of parsg*aphA (A) of this section, sprofers)ional and technical services shallebe li l for to advice and 'analysis directly 4 plying g~ a legal document technical disaiplinas per exam al a lavYss Ss allocable. accompanying a bid or propos by an engineer on the similarly, technical advice provided by a piece of eQon the performanoa or operational o ion of a contract is allovabIto rendered directly in the neg However communications with the intent to influence made by a professional (such as a licensed lawyer)) oilA to i u aWear (such as a licensed accountant) are act section u tiiiora !itch soul expand ertise yansis d unle s !the advice their pro or analysis is rendered directly and solely in the pteparatim submission or negotiation et a covered Nderal action. axamsle, ociamiLnicatiens ad ice or analysis directly y~ lawyer that 4t do o met pt et bis er bas elientes solely related to the legal aspects al over anethss are proposal, but generally advocate ons propos not allowable under this section b~~seiilas a le er Ist tott providing " ret4ssienal legal services, e arty, providing an winnttgh the ntent to influence 0464 by Sri eidior rOpo"I are pAOteallowable arAss. this oubmisslaftef the anVinse subs ission os technicarAgl on of a t codirectly In ver d federal t no pr a ation; prov ps"Io se.lon. I ' ZS ~endaKo 9 0 s ages~8a~t gate 1~ ~a uwta~ 1 r' wra..r~ S23S0 f~denl Ile~+te+ ! vol. 54. No. 213 1 wt&tsd&}. Mco bev 20.1109 1 Notices (p) only those services expressly authorized by paragraph i(ii) of this section are allowable under paragraph(k)Ca) (iii) Reporting for own toployass. cots of reasonable ting is No tor oomponaation made Oisequl RiY employed olficir• as asployees of a person. other than (iv) professional and technical services by 0Vn Erployeas, siatsd a prohibition on the use of spilPin the (a) rl) of this section, does not apply funds, in paraonabll~ payment to a parson other then an officer case r g of yany es of reasonable c-jvered Federal o rendoenrs , It • of the or e + mint is for profeasionalvorg tacriical tervicas rendered directly in the p= lication foruthat Federal contractdor of any bid, proposal0 or 4Pimposed by or pursuant to law as a I for asetin4 ssquiving ts (►X>)(;j(> condition for receiving that Teda:•3 e°^ts+et. i p for purposes of paragraph/ (b) of his section, eprofe~ls dirtechnical ectl i applyingoss aprofessional nor t advice and Y+i le, araftirp of a legal document technical dise`plbid~e eierropoeal by a lawyer is allowable. smilarly* technical p advice pa rovided by an engineer on the similarly, ~ perforsanisscrtly in the titratbion efoi connect is allowaabbli wondered np i, However communications with the intent to Influence made by + k (suehs es of I ~guch c n"d accountaa t) are yer) riot oalloMabls undae Parson theiir rotouional oils tiechnicalcex"rtioje WA unlesslthe advice or anal *is is rendered directly and solely in the preprnwti=ee submission or negotiation of a oovered federal action. example, communications with the intent to influence made by a lawyer that do set provide leta3 advie or analysis hdiree~~ his or solely related to VA legal aspects ai over another are proposal, but generally advocate me psopes not allowable ;;Zr this saotion be Buse she sawyer Istions not providing professional legal sesvioes@ s simila, engineer providLq an with the intant to influence made by si or r seposal Ytri pee ilo+~abis_ni+dpis tthion is i•Ctienssine of pro Sta! on; p submission for negotiation et at coveredlyFederal actR ion. 2s aendaNo q 4 eSltia~lt+ S VC v ,q y We (Few s c Kww~ redenl Uedrbr ! Vol. 61. No. UP' 1 wedncedq. Decrmter W. 19►) J Notices 61231 (C) Requirements imposed by or pursuant to law as 4 a condition for receiving s covered Federal award include those f required by law or regulation, or reasonably expected to be i required by law or regulation, and any other requirements in the actual award documents. (0) Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations. (t,Ks) (B) Only those services expressly suthorl:od by (ivjq_ophul (iv) of this section are allowable under paragraph (c) Disclosure. (1) Bach person wbo r:quests or receives from an agency a Federal contract shall tile with that agency a certification, set forth in that the person has not bade, and rill not oaks, any payment prohibited by paragraph (b) of this clause. 3 (2) Bach person who Bequests or receives from an agency a Federal contract shall Tile with that apen a disclosure form, Standard Fors-LLL, "Disclosure of Lobbying 1►etivities,■ It such person has bade or has a ad to sake any payment using nanappropeiated Sands (to profits from any covered Federal action), whicb would a prohibited under paragraph (b) of this clause It paid tar with appropriated lands. (3) Bach person shall file a disclosure form at the and of each calendar quarter in which there seems any event that requires disclosure or that materially affects the accuracy of the information contained in spy disclosure form previously filed 1 by such person under psragrapWcX 2) of this section. M event that materially affects the amravy of the information reported includes, (1) A evbulstivs increase of !23,000 or sore in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action, or (ii) A change err the person(s) or individual(s) influencing or attempting to influence a covered Fedaral'aetionr or, (iii) A change in the officer(s), aspleyse(s), or Member(s) contacted to influence or attempt to influence a covered Federal action. (1) Any person who requests or receives from a 'Parmw referred to in paragraphtd(l) of this section a subcontract exceeding 1100,000 at any tier under a federal contract shall file a certification, a disclosure fors, it required, to the next tier above. 26 AgandaNo Apendaltem~ Kell i 7 Ekte ~~36 ~2~)2 IYdrrsl Rvti,ler J Vol. $1. No 243 1 Wrdnridjp, Drcern4f ;o, 1964 ! (5) 1111 disclosure foss, but not certifica~iors, chap 1r to from tier to tier until received by the person referred to in pan9rap~(a): of this section. 1'hat person shall forward 421 diwlosure iorsa to the agency, (d) A reesent. _ solicitation, the psersoneoub17, tirp the totf~r ragseesnnot to this en,Y payment prohibited by this clause. ` (e) Penalties. (1) Any person who makes an expenditure prohibited under. paragra h (b) of this clause shall be subject to a civil penalty of not less than $10,000 aM not more than $Ioo,0o0 for each such expenditure. i fora ( to)beltiled or amehnded itsrequired by this clauseaishallube subject to a Civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (3) Contractors may rely without liability on the representations made by their subcontractors in tho certification and disclosure term. it) Cost sllorability. Nothing in this clause to to be nterprated to make allowable or reasonable any costs which would be unallowable or unreasonable in accordance with part 11 of the ederal Acquisition Regulation, Cohverselys cats made specifically unallowable by the requirements in this clause will not be made allowable under any of the provisions of Part 11 of the Federal Acquisition Aegnlation. (tnd of Clause) 'JR Dot 04WU rJrd xssaa UM pat NAM 11"44 r k { E 27 adnoaa0 +gendart I )We wC ITY WOUNCI r. , ~w r i t ap", t' y 6 ~ ~ ` III 9 F' I I aw MMN CITY COUNCIL REPORT k 6 E TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: APPROVAL OF THE GREATER DENTON ARTS COUNCIL BUDGET RECOMMENDATION: Staff recommends that the City Council consider approvingthe attached 1994.95 budget of the Greater Denton Arts Council SUMMARY: Pursuant to Chapter 351 of the State Tax Code as amended during the A I 73rd Legislative Session, the City must approve, In writing, the annual budget of each ; party receiving hoteUmotel tax revenue. Accordingly, Council is requested to consider ; a motion to approve the Greater Denton Arts Council's 1994.-95 budget as submitted { during prior budget deliberations. 1 For your convenience, a duplicate copy of their budget Is attached. Our review found ~ that they complied with the budgeting provisions as stated in Chapter 351 of the j State Tax Code. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: No City of Denton programs will be affected. FISCAL IMPACT: On behalf of this agency, the City's Annual Program of Services contains a budget amount of $72,000 for the 1994-95 fiscal year. 3 Respectfully submitted: 1 Lloyd V. Harrell i City Manager i I, Prpwwlly i Approved by: 4 AFFOOAFS wr r:n.ery r a. a.a. i'\wpd0c4\re80\artetax.ree 3 4Q8tI~dIMO i ADeAQalt Oate RESOLUTION No. i v A RESOLUTION APPROVING THE FISCAL YEAR 1995 BC,OGET OF THE GREATER 1 r DENTON ARTS COUNCIL FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN EFFECTIVE DATE. E THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES! I &QN That, in accordance with Tex. Tax Code Ann, 5351.101(c), the City Council of the City of Denton hereby approves r the budget of the Greater Denton Arts Council for hotel occupancy tax funds, a copy of which is attached hereto, pursuant to the R Agreement between the. City and the Arts council. i ~F&TION Ii. That this resolution shall become effective immediately upon its passage and approval. I PASSED AND APPROVED this the day of r 1994. 808 CASTLEBERRY, MAYOR n, AT'TESTs JENNIFER WALTERS, CITY SECRETARY BY! ti APPROVED AS TO LEGAL FORME DEBRA A. DRAYOVITCH, CITY ATTORNE'l ` 8Y! j, , y 1 1)11 :191 Ag011~'~G ,~'~~~7 Agenda{ Dee UANaD tyC01O 1oo0S 93.14 1c7oAL 7 s9DCf: 301 e1-tf lu of .1+isa is A. Baum 1. Ceseu9'eaaJOria3u 1.300 795 1.700 3. 04169 Artmolated (ap-coscaasioa) 1.000 3,331 1,000 rlae. n9rckasd.ia9 0 0 0 1. UWAL { 1. Cnc9c ear the vian/1 Arta in studio) 31,000 L4.371 17.100 ri9ultaaaona 0 f0 r. 1. aut •Sa0 letndiaa, showcases) 500 430 1100 c. snnn:arJrn+ 1ao ~ 1. AAai~.lea. ucame (a9ttetalas artsJ9ah.3 ffo 773 3. 7aitloa Iaorkabops/elaan63 000 3111 1,000 3. service Foes .110 130 { 4. matorial9+ rand a soft 04 51300 41114 31000 S. CMA as flan 3,000 1,400 1.900 1.030 3.000 7. Na Toni, 3,000 , r. ablmeASrsro tacols 1. IPasial twat. 3.500 SIM 11600 { SAa/Rd taeols MAL 39,410 401141 35.030 1 y'. oawrra treat aoo0r>' 63-11 Wlm Wo Dom? 94.95 A. o I,Imm pvrllol' - 10,101 70,175 .16,000 r. oov~e o3urT6J1lortsit • ~ 1. TC te,pf 10,9/f 6.04 0 L . Laeai 1krN3 3,04' 3,ri 3.,0!0 Mot ' s s 010ANTanto1M6 a7wm e, s ` ` ! TAO 37,000 31.000 19.000 e o oeuT . am 11000 0 31030 0. loom" 4,310. 9.1:1 ' . r.: eo»o~►~r' oo6tA*tewrnoreorrrrse ? r.' tatam" 01770 350 377 33. 1sdlvidaal s5,eoo u,u3 19,oc3 . ; S. oryuiutlanal 3,500 0,300 4,009 , 3, rwlaua U,feO 7,700 13.6.0 100 411 10. r aresur* Brea 3 i. 131T0~.:Ipt9~0r/1O1fl0 see 1,f41 1000 { 7. mlicO 1A1O00r 0 34 x i s y + { r. OIIO MA"W" 50100 0 0 arrArrro tac4m TOTAL 150,014 113,341 193.613 • At. 1891694 193.13: 149.0:1 t 5105 3 Of 1 Slld•11 Now A01'>y0M MA" '1f~Y a~'..+y . t. ADIII11If7'AA7iY1 ctrfrn /DDpsT 13.11 AesaAt 0626 ' IOaaIT 91.11 A• IWOIaOL 1. salary hall Hans 76,000 1. salary { vft sisal 7,$00 //,Ill 711200 1. /tCA 01111 10,617 14.16 d. 110"Cal Ieaeraaea 41111 7,11 0.011 Let/rumet 11500 7.7761 1. SOT t. ""haae'f COW 11000 tog 200 7•.. ailoaq* falalussaaaet 700 6Too 00 1.000 700 afae. Director's #not.*$ too III I I, Traiaias/earner Devaleleaat 100 7$I Soo p f 100 i lD. /uroL 0 1717 0 114NTWT NOOK 620 41s p Doeset Torras 120 ~ 1. leud/Valoataad 100 91 "a a : Is 106. 0. C016/i1tKlleK/lKAVlL 0 Sit Soo AMS1 MATT" MMU TOTAL 161,16 142,177 107,000 p._ 711 OI1wTn" mtgrt ROOM 61-14 AC OM 4120 00'001M 14-95 a"Jf * s0ltLlt♦i 11700 Ili 1,100 } " 1. lwatar.d 11100 11139 1.100 . 1. INrel W" (CeWosiW 947 1,711 200 a , ` 1,s00 1,141 1,060 D 002614, /NIflLnWIS nrtel too' 217 000 Pull OII Soo ISO 100 4CS , 120 271 150 1`1611M$61" Wom*MIPI p,~ a e 200 Tff 200 t t a'- r , r 011' M►t" so I PUN I ' p too 6 104 tf! Sp6 231IOKAMM blood $Jtoo f.0oo It Anil 1. cop 1,604 7 100 L. t11y0RStN/iKM 610JOU so dI do 1fo t4d ' 120 W . i. t Comma I mosim fogm • 19,117. 10,122 17,000 f{ . AOendal a Late • y6 urd•rr ,weer APPROM DOW" I S YK~J 0 "212. rACIL2TIa1 tRS pfJt rood! 11-1/ A. V:CfoalAa CMAOt ACTOAL I/JQ MOST 11.11 1. xalat0aaaee 2 100 . ftraltarellLa'taru 100 11t 700 c2m. roa Ta V210AL Ax" 100 1. tulldlaa AOpalr/MaLates"'. 1.500 3. ,fultorlal/sulldLay Wpllq 1,516 r 1. Mactla0ry/tMt! 10100 1,100 i. lnialq Peat 400 1'111 1,100 S. batat fLaav//ilat"Of 500 114 { i. Dope It a0luad too 613 Soo 1,100 4'19 i00 : C• AA20 C410Laa fC 2,150 1,100 aelma TAOatrel 0 9149YU AM 4topnrr 3$ tati2fLmor ISO S. Oseuaaai0ylaq iS0 f. VuLialat settrlty 11000 000 S, $17 $43 raattw0ata 111 1,000 000 f. M1e0. 0 0 0 125 " D 15.150 11.421 11.37S r 4 t rV. laoom"Is avlou loam 1DD01f 13•01 k"VAL wo aooosT !1•!f , A. MAD"S W AMT L. NK'lw stalbltEw 1.100 1. ,fait Oallar3+ !a}Lbitlau 1,321 2 leraarar6 Celleetlp 1,500 11500 1'211 1,500 MOtar3a2a Sod 1 Lett 91 0 0 0 wteriale tarn a sett I'd 41571 11573 o. Matarltle me" a i0tt ii 1,f07 1,113 7,000 j i. VALiltLaa iuNllet - - 120 1400 1. 1'. 1~. 21tOga1ft01►1L 11 120 . ` ' ' L liwelettae 1. Salenaeleul irlliealle" l,1aa 113 11100 sDpCAlSpMJ Ss0 0 ISO ' , `F . 1 7IOrb~O~i /Cluau 1, 000 1 ,M Weal 0 3. U7 1.100 r Ot►a Mbw"at ` heara w a 31 , e. eaen4Mrtr feoeaAlaaro loo 1 l 16tla taffy Arta Iheite 1,700 l,/fi ~ l . Oa Ora !lY 1, i00 tta 1,300 1,113 111160 M"CAC ~pp~ ,100 0 11600 1y. 3. 'Aaweay 1,io0 ),Go? 1,000 't•. .0lIAM'fd t&OM M 136 Sao 21,140 11O 31,111 32,!10 aaIf21 Sr104 CO114401 > 4 t. Mmr;0rtlLLf~~ drive u 1. 11!00. M0lieralip, 1x00 100 2.431 Y. 7.100 TOt0aA1a211a WMMq 71 100 3,016 3.036 t Iat0alMf/t1lRYIClt 1,000 mtMfa Tom 11,711 ' 1i ttTtMtM 10.110 10,010 1a,3:e' . ' 11!,111 1N,11f PAN 3 or 4 ! A11l~ M ~ ape*No Date i i IQIWar ' MOar 03-14 "w" 4/10 IMIT 11-03 taco" vaned T racC" Coaaraad 39,510 30,666 ' . 164,21 119,0!8 rota" otOl 180,414 164,24 119,018 lapai84 Admialatrativo 104,115 lapaaoa OraNtlap 14,141 107,040 r ft"Aso taellitias 1101137 1,110 11'150 17,000 Irma$ /roarams 9,655 14,674 .Irpaa.a totals 111.611 60,131 f0, 040 ~ 145,110 11/,111 15,1661 q i OOAC Aamar" !al"Coax i 7/1111 86,314 711145 43, N0 71tJ10 49,114 ' 111111 101130 7/1116 !6.111' 1/1116 43:904 iprolattadl id 111/fi 46,011 fprojortodl ,f 1 f i enOaNo OP d ~ge11d81t . APPAOM AU" s' SIP bog i ~.C ITY~. COUNCI A 1 9 j S ' 1 t' f` 1 rr 6r e~, 7 E~ a Y I ,~'Y: t Apf~ldalt I riTV C UO NCIL f P ~ TO: Mayor and Members of the Cit, Council FROM: Lloyd V. Harrell, City Manager SUBJECT: APPROVAL OF THE NORTH TEXAS STATE FAIR ASSOCIATION BUDGET ' ~~n~MENDATION; Staff recommends that the City Council consider approving the attached 1994,95 budget of the North Texas State F* Association. t fiUMMgY: Pursuant to Chapter 351 of the State Tax Code as amended during the . 73rd Legislative Session, the City must approve, in writing, the annual budget of each party receiving hotel/motel tax revenue. Accordingly, Council is requested to consider a motion to approve the North Texas'State Fair Association's 1994-95 budget as submitted during prior budget deliberations. } k . For dour convenience, a duplicate copy of their budget is attached. Our review found that they complied with the budgetieg provisions as stated in Chapter 351 of the State Tax Code. i pgOaR.oMS DEP.;RT~'•FNTS OR (ili0UP8 AFFECTED: No City of Denton programs will be affected. FbI4AL IMPACT; On behalf of this agency, the City's Annual Program of Services contains a budget amount of $68,400 for the 1094.95 fiscal year. Respectfully submitted: - - I ~ Lloyd V. Harrell , i City Manager n.q.ne br. 1 Appl" by: AFFOOAF6 1~' y,\wpdoos\reso\fairtax.res ~p 4gen4aS fse RESOLUTION NO. A RESOLUTION APPROVING THE FISCAL YEAR 1995 BUDGET OF THE NORTH TEXAS FAIR ASSOCIATION FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO { CHAPTER 351 OF THE TEXAS TAX CODE] AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES1 ~r SECTION 1. That, in accordance with Tex. Tax Code Ann. S351.101(0), the City Council of the City of Denton hereby approves . the budget of the North Texas Fair Association for hotel occupancy tax funds, a copy of which is attached hereto, pursuant to the I. Agreement between the City and the Association. " SECTION II. That this resolution shall become effective - immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1944. i. BOB CASTLEBERRYo MAYOR w i ATIESI: JENNIFER WALTERGj CITY SECRETARY BYt APPROVED At; TO LEGAL FORK: DEBRA A. DRAYOVITCH, CITY ATTORNEY Bye Lai L f iw'n w~ i dam 1 r VwONo _ AgenQslt Oats 3 NORTH TEXAS STATE FAIR ASSOCIATION I. ; PROPOSED BUOGET FOR THE FISCAL YEAR OCTOBER Is 1994 THRU SEPTEMBER 30, 1995 a r J 5 iIt } t, , ,r ,i t, pt. r'p CM14 F• NORTH TEXAS STATE-FAIR ASSOcrATION - LA1.OR FUNDS PROPOSED BUDGET FOR THE FISCAL YEAR OCTOBER 1, 1994 THRU SEPTEMBER 30, 1995 Projected Cash, October I, 1994 S 29,404 Receipts: Occupancy Tax 64,00Q E Disbursements: Salaries 36,000 Printing 11000 i Advertising 60000 f Travel 2,400 f Postage 11500 Office Supplies and Expenses 11500 tx' Telephone 31500 i Office Equipment maintenance 400 Office Equipment 41700 Audit. 64.000 Projected Cash after Operating Receipts and Disbursements 29,404 .ti . Improvements to Commestifal Exhibit Buildings ll$l Projected Cash after Improvements 11,404 o' u Apes 11 tlaht - t ~1a~9 . . f MAI NORTH TEXAS S,.,,.. FAIR ASSOCIATE SUPPLEMENT TO PROPOSED BUDGET FOR THE FISCAL YEAR OCTOBER 1, 1991 THRU SEPTEMBER 30, 1995 SALAAnEExecutive Director and assistant are employed. Based on time spent promoting tourism, bS% of these salaries are in the budget. PRINCililogs, posters, brochures, etc. promoting Denton and the North Texas State Fairground facilities. Items are distributed in Texas, Oklahoma, Arkansas, Louisiana, and New Mexico. 4 ADVEIIIIIIG gns, newspapers, radio, monthly publications, etc. j IBM Attend meetings, shows, seminars and other activities to promote tourism in Denton. j POSTAGE Mailing catalogs, posters, brochures, etc. as well as correspondence to follow up inquiries received at meetings, by phone and through the mail. enera supplies to maintain an efficient office. :i TELEPHON Necessary to maintain communication. FICI EQUIPMENT Teo ice equipment includes a computer, typewriter, copy machine and adding . machines that must be maintained in good condition for efficient use. Purchase copier and fax machine upgrade the Commercial Exhibit Building and make it more desirable for current users, and to make it attractive for other uses. ! { ~aenda4 , hio Sod 9 NORTH TEXAS STATE FAIR ASSOCIATION - LALOR FUNDS ACTUAL. AND PROJECTED RECEIPTS AND OISBURSENENTS FOR THE FISCAL YEAR OCTOBER 1, 1993 THRU SEPTEMBER 30, 1994 E. Actual Projected Total For Budget 6-30.94 To Year End Year 93-44 it Receipts: Occupancy Tax $--48,844.42 S 15,200.00 J 64.044.42 S 60.00,Q.0 Disbursements: Salaries 32,536.43 39248.16 33,784.59 36,000.00 Printing 333.55 6,100.00 6,433.55 71000.00 Advertising 3,110 00 31000.00 6,110.00 71100.00 Travel 1,800.00 600.00 21400.00 2,400.00 1 Postage $08.00 850.00 11358.00 1,400.00 ' Office Supplies T and Expenses 1,191.74 200.00 1,391.74 900.00 Telephone 2,450.40 600.00 31050.40 10500.00 Office Equipment Maintenance 205.00 100.00 305.00 200.00 Office fqufpment 5.783.89 5:1$3.89 3.500:00 " Total 41.919,01 14.69$.16 62,617.17 60.000.00 1 a Excess O(Oef1N t) Receipts Over sbursements 925.41 501.84 1,427.25 S .0- Y #I Cash, Oetotir 1, 1993 290619.80 29,619.80 f Transfer (1,643.00) I1,G/3,Odi Cash, June 309 1994 S-28,902.21 28.902.21 Projected Cash, September 30, 1994 f 29,40J.05 f 29_ 05 4 E r ~pendaNo AgenOal ~ Rate - I , w 6019 NyRTH TEXAS SInfE FAIn ASSOCIAlIOH - ALOR FUNDS STATEMENT OF CASH RECEIPTS AND DISBURSEMENTS FOR THE QUARTER ENDING JUNE 30, 1994 1st 2nd 3rd Year To ii Quarter Quarter Quarter Date i Cash - Beginning S--29,619.60 S 28,685.49 S 35,493.66 S 29,619.80 Receipts: , Occupancy Tax 18,525.65 15.062.60 15,256.17 48,844.42 y Disbursements: F Salaries 12,7:16.79 60581.49 13,248.15 32,536.43 Printing 30.10 303.45 333.55 Advertising 2,600.00 510.00 3,11J.00 Travel 600.00 600.00 600.00 11800.00 Postage 166.00 226.00 116.00 $08.00 Office Supplies and Expenses 459.64 22.45 709.65 1,191.74 ,Telephone 1,284.53..,. .589.39 576.48: 2,450.40 Office Equipment Maintenance 205.00 205.00 Office Equipment 5,783.89 51783,89 Transfer (1) 1.64 .0 1,643.00 Total Disbursements 19,459.96 8.25<.4 21.8 3 62 49,562.01 l Excess (Deficit) Receipts s over Qisburseanents (934.31) 6,808.17 (6,591.45) 1717.591 1 Cash - Ending S 28,685.49 S 5,493.66 28,902.21 S 2 21 ' (1) August 1993 deposit in this account that should have been deposited in the Associations Regular Account. E geAsNo. E 7 yeedalt ~/J►L~fJ F i o~9 , rsuRTH IEAAS 5im(E FA1n ASSUC1AH ON - LALOR FUNDS STATEMENT OF CASH RECEIPTS AND DISBURSEMENTS FOR THE QUARTER ENDIWG JUNE 30, 1994 r, 1st 2nd 3rd Year 1o Ouarter Quarter Quarter Oate Cash - Beginning S 29.619.80 S 28,685.49 S 35.493.66 S 29.619.80 Receipts: Occupancy Tax 18.525.65 15.062.60 15.256.17 48,844.42 , i t Disbursements: Salaries 12,100.79 6,581.49 13,248.13 32,536.43 Printing 30.10 303.45 333.55 Advertising 2,600.00 $10.00 3,110..00 Travel 600.00 600.00 600.00 11800.00 Postage 166.00 226.00 116.00 508.00 Office Supplies and Expenses 459.64 22.45 709.65 11191.74 ' Telephone ulpm.nt Maintenance 1,284.53.......589.39 576.48 2,450.40 Office n205.00 205.00 i Office Equipment 5,783.89 51783.89 Transfer (I) A.643,QQ ' Total Disbursements 19 8.25 /3 21-- _ 49,562.0 Excess fOeflNt) Reuipts i over Disbursements _ (934.31} 6.808.17 f6.59j,~},~) (717.991 h r; Cash - Ending S 18,685.49 S 3J.493.66 S 28 21 128,902.21 . f (1) August 1993 deposit in this account that should have been deposited in the Associations Regular Account. i I f r I ger4aNa 'rte ~endalt T J w.. PV-- ru r. 1 irv per q4 00 -Awl lgendtNo • 4gee6alt Date . q Valli 11111 11111 rill 494f~ u 11 rileaclal ta►ott IM Ntli !t If W lelleet laatlg lu h0 fit III gap Ju !el tat lot Oct lot lie TL I to eHIM j tlueut ~ :eaatioaa 10 1! f0 10 10 1100 10 1!1,001 11 11 10 II W. hit lilt $101 10 to to to 10 11 to It of It 11 1 Ili? lfl3 11 so II46 11,111 11,:43 11,431 11,166 11$!,101 $1,111 14,131 14,111 Ili 1111, ill light hot It ill$ 11 11 10 $100 so to I$ It 11 40 i ! ` file Ill 11 141 10 It to It II It 10 $i,3to Ill. iutala slit till 11,161 11,116 11,111 11,i36 11,111 12,111 lilt $1,011 f3,III tutlaa 11 $11,111 11,111 to of 1111114 11 10 61,113 11 (10,114 It lilt total [aeou .1511 ill,Ill Wll$ 11,311 11,111 I1i,411 shill 1111,361 114,151 111131 itS,l04 1!,141 1311, Ott •1 111,111 Ott •1 !31,14$ Ott f111,11i alt •1 !31,111 tl1►eua4 i JI k r►g Eaatat 11 II 1! 14 fl It 11 11 it 11 l0 , ifegtirr?itutgt 11,133 I1 $3,333 II 11 13,13$ 13,331 11 11,111 11 10 l0 Iis We tiff it 11 If It 1101 It 11 It 11 if $1 to f ?gig IIU III 1.l 14,014 It13 to 11 11,414 111,111. ill, Iof 11,111 11,111 1113 1141, :skmcov II 1.l 11 It II II II 114$$3 II If 1.l 11 I1, lglltalua $454 If I141 114111 1[,111 111142 $Iloilo it Ill 1 Il,it$ 141111 1151, 1411 1111 4' lay 11 It If 11 !4 III ti !1 It it 11 It 1441 141 It If IIt 11 silt It $11 1114 11 of I I I I ill Iatallotatnt d► It 11 It 11 so If 11 It 11 to if to IfHet Il,it$ lilt 1410 lilt 1311 1114 II,llt lilt lilt 1411 1301 134$ II, 3rtuUgtlou 1141 11 till 114 t0 If It it it slit llff Il11 it, j !ogriu 1 IUa111/at 2201 11,111 1101 11,133 11,111 1210 1101 11,133 lilt 131131 13,133 13,137 415, 11,013 It,ill lilt 11 11,011 11,611 13,011 11,111 11,!13 11,113 11,010 11,111 11,0111 0 1 it, office 1 of s , 1. 1 6 1 1 tl II f1 1.l 11 !'litle$ il,tlf Il,tll 11,$61 1i,t11 13,131. 1$41$1 11,614 214341 I!N I14i14 Il,il4 11,141 tt3, total Illuse 111,011 11,131 li,tll 11,111 111111 111,112 10,111 111111141 !111,111 111,111 1Ot 141,051 1111. Ott •1 111,146 Ott •1 I11.1f. Ott Vet hcogg (t11,41i1 111111 11111131 113,1131 IIS,t10t 611,345 IIII'm) Nt,014 lllf,s$I1i111,14f) l14,10t 111,1111 111. 7 State Mile 923291 1111te ,23123 3 :32ie 32!.'32 111132 32321$ 12110e 1:1111 1:1111 ~ Ot..f 111,3313 Ote •1 44,11$ Ott •1 111,4i1t Ott •1 114,610;I01s 1 ` M 1 4p WaNo f AgendalterR~~.~,~.:~ . Date _q ~p j an•Jr N tv INI IMI our i -m 1111 hit M Its. hit NN loft hit - m IMI hit 1 II:I! 11 Nwwlel aftwrt Verrill "Gumt 1_lwoid itiumt N~wld Itetmet IiwrGf Itdeeyl if" III till, - 111 !1 he)wI it" Iteew Its rerew 11"m Iwr+ H heew hwwe flow let teeite Motet heave let Iwew hem ]wet let IN (IIt,1111 111,114 INI 1111,11 I Wrertlerrtl l1,gl II,IN (lll,fl11 11,111 11 (11,1111 it's" to 111,141} 111,10 If I Allow hlw 1 1,11 II,lN 1 1,111 1111S,II a 11011 111,1111 N 14,114 l1,tN q 11,11 11.14 l leeti h'etti togs 1,011' '11i1,m) ' 11,111 I'M 111..111 11,11 (11,111 - (11.,1111 ismir III,((f (11l,illl" fil,la EII,I!1 lilt ,II I i 1 Aeolis low) till 1 (11,1111 lilt 1 11,1111 11,"! N III," I 1111 $1 111111 ti'm 1 (11,11 1111 C0141-4118 W In Jill tit 1,116 Isll $1.01 111121 1,It 1,111 II,N! 11,01 Jill" 12.11$ ill I5401 lei"-"-`I1,Itr11,1!2---111,141 it'll;-M,Hr_--m,IK"'---ir,rr 11,Iq( allitlt~f `_I.i ~Aitlt-RiiTtll,un Il,sa-lr,!!i ZLirTl11,7A r huleil 1 11,01 ll1,Al 1 II,IN 1i'm 1111,1" 11,1 a "1,111 11,141 >t gI,IN ISI," ICetdel 1.111 IM11 11,04 I'm 1,111 - III11 up 1,01 1 16114 ","I aril II,II a,N$ IM I Mill GwW 111' fir' Its III ` us' 111 1111"'' 1x#__ IIII Itl-III 1n1 _ a--1111 4 fete b11Nlr 1,141 11.114 111,111 1,111 II,Nt 111.041 11,11 In,"1 11,111 1,11 111,111 111,11! 11,1!1 1111,11 fillip; 11 Child Mt Ceetest 11, 1 11 1 I 11 It IM 011{ 111 111! M 11 11 Il lelatilw'i"it-"11,131 /,lN- 'lIH,111t 2A114I11Itlllf'1I1,1I"11,111' -11111 11f,111-'"' I1.p1i -'.121121111,111 ' (11,71;: 11 felt 1611 C 1 It I I 11 11 II to of 11 1 If 11 1r a+ It 111111110 Cettiet 1.046 1.01 11411 1,10 1."1 11101 11,111 Is (11,11!) 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If ,..I..-.• N . _.-If"'- if, 11 is lIw if If - (Oki) 11 001 111111 If 11.131 01,111 Its 11 11111 is, II 1 14 6~61111 111 too fillip 1100 1,111 411411 It'm 11,141 (11141 11111 Il,lM 111111 fl,0t 1.141 110 ' rlllflee itl 1111 {1611{ 1, No 1 11,{141 lift If 111(11 It" It (614.11 11 If Jill " fl flrietdt 1.111 11 111,1!1) 1,161 1 1!1,1411 11,01 1$ (11.6111 11,111 t4 1111611 !1,111 if 111,1; i ` H hmet Ili 411 111111 141 14s Ili Nil file 1!1 till lilt fit ail Ill! `sit 11 hroM !11' I 11111) 11 1 11111 lilt 011 (fill fist-'• if 11011 - Ill 11 `111 1I #ifON$ 1. 041 1 1!1,1141 2.00 1 fulfill fill" 11 1111001 11,914 1 11,101 11,11 11 f11,k 1 it Olt sloe It 11 -it lot 11 -It oil ill (111 M tit Its 114 1111 f s not, beteel 11 111 IN It 111 lilt UI lilt 11 Ill ISN 11Q 111 Jill IIS It 'Wit teweefedlee It" 1 •11" 114 1 11101 1o" 1 11101 11,111 If 111,1111 NM 11 lilt . is Itf.e Ira{ 1,111 1 111.6111 11111 1 41.1!11 11.1111 to {11.1111 11,111 to 111,11'1 141111 if III,V tt t.etrlto 1,141 1 111,1114 ?jilt' 1 111,!111 11,1h 11 111.111 11.111 II ' (i1,1111 1' ii of 111,1 11l«eel 31 1 I I IS 11 n 1 11 II 0 list II Jill 31 $MW loot ' 1 1 It f 1 If 11 II 11 11.114 II 111,101 /,114 11, 111,11 1 r 11 r6l(111 1! Ili 11 111 Is! III IN N 1") 11! l/ M41 1 N I. p+ ',!1 Ill its 1,9" 1 11,111 1,111 1 111,1131 11,11 11 11,4 11 11,11! 11 (1l,Il1I 21,114 !1 I11.k f ' It Illee Tree 1 1 1 1 1 1 11 II `1 Il 11 11 N !1 f 1,10 1 111,111 " I,IN 1' 11,114) II,N! 11 01.11111 11,114'- It 111,1141-- II,N) 11 111,0 101,11 $111,111 114,111 Iifl,It! 1111,11! 04,11 411,01 (tll,lll 11!,111 NII,1" 11#11141 113.111 (111,1111111,113 111,1' L ` =te=e:= te::r=1 ,uuu =1::== :::1::= ::r.::= :::e•= ::::W ==,::e ,:u::, !s:=•.:f lei ' a "t = Il.ltl lot = 1.11% let r /lilt lot : 31.111 II a foil .`Ill M11 Ili lrtif letrdiV idle}, l4i 1=iliitl ill tilt flood 04b1. ureeili. i _.,,_._..,,,,~.«.orsrw.xriwwoHw.nn+•.a..o...e...~-.....-----" I a CITY ~E~COIUNCII . y S I f ~ 4fdM, t~} 1 J 1 i i CITY COUNCIL REPORT (p /may ~ TO: Mayor and Members of the City Council I FROM: Lloyd V. Harrell, City Manager i SUBJECT: APPROVAL OF THE DENTON CONVENTION AND VISITORS BUREAU BUDGET RECOMMENDAI]ON: Staff recommends that the City Council consider approving the j attached 1994-95 budget of the Denton Convention and Visitors Bureau. SUMMARY: Pursuant to Chapter 351 of the State Tax Code as amended during the 73rd Legislative Session, the City must approve, in writing, the annual budget of each party receiving hotel/motel tax revenue. Accordingly, Council Is requested to consider a motion to approve the Denton Convention and Visitors Bureau's 1994-95 budget i as submitted during prior budget deliberations. i For your convenience, a duplicate copy of their budget is atteched. Our review found that they complied with the budgeting provisions as strated in Chapter 351 of the ' State Tax Code. PRO(i 4!S. DEPARTiAENTS OR GROUPS AFFECTED: No City of Denton programs will be affected. FISCAL IMPACT: On behalf of this agency, the City's Annue: Program of Services contains a budget amount of $205,200 for the 1994-96 fiscal year. ' ' Respectfully submitted: Loyd V. Harrell City Manager • / J7 11% ! J 1 J ry~rr r-ry bV: AFPOWI .N i ApenQa~t Gate Body RESOLUTION NO. A RESOLUTION APPROVING THE FISCAL YEAR 1995 BUDGET OF THE DENTON COUNTY CONVENTION AND VISITORS' BUREAU OF THE CHAMBER OF COMMERCE FOR HOTEL OCCUPANCY TAX FUNDSo PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: E SECTION 1. That, in accordance with Tex. Tax Code Ann. 1351.101(c), the City Council of the City of Denton hereby approves the budget of the Denton Convention and Visitors' Bureau of the Chamber of Commerce for hotel occupancy tax funds, a copy of which is•%ttached hereto, pursuant to the Agreement between the city and the Denton Chamber of Commerce. , BEGTZ4ZLII• That this resolution shall become effective immediately upon its passage and upprovai. PASSED AND APPROVED this the day of , 19946 t. BOB CASTLEBERRYO MAYOR b . ATTESTS JENNIFER HALTERS, CITY SECRETARY HYs APPROVED AS TO LEGAL FORNs DEBRA A, DRAYOVITCH# CITY ATTORNEY BYs , E to z AgWaNo 3 AQendait I r s D2S8 Denton Convention 3 Visitor BureAu Bud st for 1994-95 INCOME: I ! ;Current Proposed 1992-93 1 0993-94 1 11994-95 Sub-Tota Occupancy Tax 175,725' 187,5601 185,126' Occupancy Tax Audit 16,275+ I t Occu an Tax Reserve Fund ; 46,014; 90,912' Interest Income 1 ! 3,700` Marques Billboard i 4.800' TOTAL INCOME: 192,000, 1 233,574. 284,5381 DISBURSEMENTS:, i I I ~y l ADMINISTRATION 1 I 1 i Salaries ! 88,824 87,040 78,750 Payroll Taxes , 6,864 6,700 i 5,0001 Insurance i ! 4,925 8,970 7,736 Retirement/CarAllowance 2,000 8,200 8,204 Training 3.00011 2,000 2,0001 Equipment 3,200 2,700 2,950 Supplies 6001 1 600 1,000, I Telephone 6,000 i 4,500 I 4,600' Audit I 1,000 1,000 1,0001 Print, ° 4,000 f 3,0001 1 2.6001 Postage 1 1 600 121,013 2,400 124,7101 1,7601 113,390, I , CaNVENTION PROMOTION + ! ~ , Salaries-Contract Services 0E ! 0 8,0001 Solicitatlon/Travel 12,0001 ! 10,000 13,0001 Convention S6ivices 1 3,600 2,0001 4,0001 Advertisin 1,2001 5,000! , 8,0001 Promotional Event i 2,0001 1,000i 1,0001 Trade Show 1,0001 1,500 2,0001 Membershi /Subsc6tions 1,4001 21,2001 1,600 21,100 1,0001 35,000 1 Iff w +1 Aper~daNo 9'y'© 1 AgW11 E1aie - y~~ TOURISM PROMOTION { 1 i 1 1 ; Salaries-Contract Services _ 10,0001 TraveVS ialProects 1 1,200' 1,5001 4,C00] i Tourism Services 1,506 3,5001 20,0001 I Advertis€n t 22,000 i 16,800 1 25,000: Marquee Billboard 0 01 16,000: j Promo. EventsffradeShows 8,000 5,5001 10,000 i Promotional Material IC) 7,000 38,700 15,000. f Membership/Subscriptions 1,000 1,2001 2,500 i Film Com. of North Texas 3,550 42,2501 3,2% 70,450 4,500 107,000 \ 1 Visitor Information Center. 1 1 Part-time Staff I 7,26411 10,0001 External Expense Reimbursement 3,0001 v ;Insurance { 750 5721 I y.4 ;'Utilities I 3,300 1,7921 Su lies 0 5001 e r" ' Payroll Tax 0 7141 ;Maintenance ! 0 870. j ; 'Recruitment and Retention 0 3,040 :Start-U Cost one time 8,000, 0 Miscellaneous 0 17,314 2001 { Total VIC I 20,648 TOTAL DISBURSEMENTS: 184,463 :33,574; 1 276,038' Ile- i t i I , I , ' I { E XITY~ } COUNCI r~ rr, } z i r. t~ . ~0 y{ 1 i 4 a s. wow, AM" . AOlrld~i CITY COUNCIL REPORT Ioa3 TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: APPROVAL OF THE DENTON COUNTY HISTORICAL FOUNDATION BUDGET RECOMMENDATION: Staff recommends that the City Council consider approving the attached 1994.95 budget of the Denton County Historical Foundation. $UMMARY: Pursuant to Chapter 351 of the State Tax Code as amended during the 73rd Legislative Session, the City must approve, in writing, the annual budget of each ` party receiving hotel/motel tax revenue. Accordingly, Council is requested to consider a motion to approve the Denton County Historical Foundation's 1994-95 budget as submitted during prior budget deliberations. For your convenience, a duplicate copy of their budget is attached. Our review found that they complied with the budgeting provisions as stated in Chapter 351 of the State Tax Code. panOReutt nEP RTMENTS OR GROUPS AFFECTED: No City of Denton programs will be affected. j FISCAL IMPACT: On behalf of this agency, the City's Annual Program of Services contains a budget amount of $8,208 for the 1994-95 fiscal year. I Respectfully submitCed: i ` Lloyd V. Harrell City Manager t t ~ h.v~r.a er• ~ - rW,. ~.r AwwW br. AFFOWI , j)\wpdocs\rsso\hist.tsx AaII~NO 7 APO 2 %4C .74 9 _ RESOLUTION NO. A RESOLUTION APPROVING THE FISCAL YEAR 1995 BUDGET OF THE DENTON COUNTY HISTORICAL FOUNDATION, INC. FOR HOTEL OCCUPANCY TAX FUNDS, 1 PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN i EFFECTIVE DATE. 1 - THE COUNCIL OF THE CITY OF DEMN HEREBY RESOLVESt i SECTION 1, That, in accordance with Tex. Tax Code Ann. S351.101(c), the city council of the City of Denton hereby approves the budget of the Denton County Historical Foundation, Inc. for i hotel occupancy tax funds, a copy of which is attachad hereto, pursuant to the Agreement between tha City and the Denton County, Historical Foundation, Inc. B~,QjON 'II.° -That-this -resolution- shall- become effective immediately upon its passage and approval. r z PASSED AND APPROVED this the day of , 1994. BOB CASTLEBERRY, MAYOR 1•.1 r r, # ATTESTt JENNIFER WALTERSF CITY SECRETARY t BYt APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BYt f t 1 1 .~1~.1 iO►1 r ~enda~(~nt.~s BUDGET DENTON COUNTY HISTORICAL FOUNDATION, INC. INCLUDING OPERA'WNS BUDGET OF DENTON COUNTY HISTORICAL COMMISSION IIICOME 1.00 Lalor Funds, City of Denton $10,210.00 2.00 Donations (Desigoated) i 3.00 interest (Designata:d) '111TAL INCOME $100:210.00 192-10 093-194 ,94-195 1 EXPENSES 1100E slides i photographs 500.00 500.00 900.00 2=001 Archives i Reference Library 300-Go 300.00 300.031 3100E Publications 2660.00 3,200.003,200.00 3.0t: Publication Reprints 3.02E Brochures/Maps V C ' 41008 Frojection Equipeent/Supplies 260.00 260.00 260.00 5:006 Membershlpp6,ons Training i Subscriptl i 505.00 505.00 10000.00 k 6600E Heritage Projects 850.00 10 850.0010850.00 61016 Historical Markers 6102E Cemetery Projects 61038 Museum Assistance 71006 Business Office Operations 2,000.00 2,000.0 2,000.00 7iolt Audit i IRS 501C(3) Reports 8100E Historical Education 200.00 200.00 200.00 tt 9600E Capital Improvements 400.00 400.00 400.00 s f., 101006 Contingency fund 500.00 500400 500.00 TOTAL EXPENSES $10,710.00 ` k T ~ I 1 -CITY ~COUNCI i. s r ~ 1 SYI. P ~~y' , ,SI ' Y 41 c 1 ~f ;J 4 .;w MI l ,t,r~o ?G rI7Y COUNCIL REPORT,,,' 6a' TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: APPROVAL OF THE DENTON COUNTY HISTORICAL MUSEUM BUDGET RECOMMENDATION: Staff recommends that the City Council consider approving the attached 1994-95 budget of the Denton County Historical Museum. BY: Pursuant to Chapter 351 of the State Tax Code as amended during the 73rd Legislative Session, the City must approve, in writing, the annual budget of each party receiving hotel/motel to-, revenue. Accordingly, Council is requested to consider E' a motion to approve the Denton County Historical Museum's 1994-96 budget as submitted during prior budget deliberations. For your convenience, a duplicate copy of their budget is attached. Our review found 1 h; 1 that they complied with the budgeting provisions as stated in Chapter 351 of the i : StateState T I pil0(iRek!S DEPARTMENTS OR GROUPS AFFECTED: No City of Denton programs will be affected. 4 e1crAL lM IM: On behalf of this agency, the City's Annual Program of Services contains a budget amount of 660,192 for the 1994.95 fiscal year. 4 Respectfully submitted:` Lloyd V. Harrell City Manager I ' AW"*d by l AFWAFA I i i 1 a aCb v.~.ar F' s: r I I FOW0 ! ~peen4aNo._... I 1\Mpdw slrao\,orw". tss Ape6dals Date RESOLUTION NO. A RESOLUTION APPROVING THE FISCAL YEAR 1995 BUDGET OF THE,DENTON } COUNTY HISTORICAL MUSEUM. INc. FOR HOTEL OCCUPANCY TAX FUNDf3, 14PMUANT TO CHAPTER 351 OF THE TEXAS TAX CODEt AND PROVIDING AN 1 EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1, That, in accordance with Tex. Tax Code Ann. 1351.301(c)8 the City Ccuncil of the City of Denton hereby approves the budget of tht Denton County Historical Museum, Inc. for hotel octhe Agreement t twee& copy of which is attached n the City and th(9Dent n County Historical Museum, Inc. $~~GTION II. .:-,That - this-. resolution =shall become ..effective imm6diately upon its passage and approval. 1994. t`.. PASSED AND APPROVED this the day of r 4 BOr3 CASTLEB'.:RAY, MAYOR II ATTESTt JEtitiIFER WALTERS# CITY SECRETARY BY: I APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY " I BYs I I mod. .tix r 1 E ~ E r P' ~genda.~. 1~\wpdoc~\rwo\eawon.taa 1Walt f, RESOLU'T'ION N0. y A RESOLUTION APPROVING THE FISCAL YEAR 1995 BUDGET OF THE DENTOH t COUNTY HISTORICAL MUSEUM, INC. FOR HOTEL OCCUPANCY TAY. FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN EFFECTIVE DATE. i THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVESs i" " 3 ~,CTION Ir That, in accordance with Tex. Tax Code Ann. p 1 1351.101(0), the City Council of the City of Denton hereby approves Er the budget of the Denton County Historical Museurar Inc. for hotel occupancy tax funds, is copy of which is attached hereto, pursuant to the Agreement between the City and the Denton County Historical Museum, Inc. SECTIONS IT. .-`-That •this-°resolution~,, shall, becosae".effactiv9 immediately upon its passage and approval. PASSED AND APPROVED this the day of 1994. BOB CASTLEBERRY, MAYOR J F" ~ f ATTESTS C JENNIFER WALTERS, CITY SECRETARY ; BYs 1 J I APPROVED AS TO LEGAL FORMi I DEBRA A. DRAYOVITCH, CITY ATTORNEY n $Ys , a e I r a ' is .z t. ~ ApM01 No F Apeeael ~ ~ t e1i~ t 11e bi+tx~T Oele . y INCOME 4.00 Lahr Funds .SQ,wo 5,00 Orant Funds 20.000 5.01 Taxes }Itetoncal Commieaan . 5 02 Denton Ben 5 03 C ywate Funding 5.04 Gawmment Grants...., 5.00 eDdnad"sShop.,..,' 3,000 -01 Gift j 0.02 Memonsl Fu w _ 6.09 PnwU 7.00 1ntm em Ine. , e 2000 7.01 monsymafkst 7 02 C rtf eles of oopasrts.........., 7.03 Now A , 7.04 Endowment:,.,, 1.00 OR Shop Revenue : e.73e. 101 s... ~ oo Ga+w lfkoftN W M...11 NW »N.N»W W N»,.11».,IN».1. 3,00 0.01AdW workshops, 0.02 Chlidren's vowkshops.. 0.03 Speusf Ewft.......... O,OI User Fm ♦Y, "COW TOTAL U1,739. Kx"Jmn G t. NN».1..1.»..N..................... »...........N.........................30,136 1.01E Oiteetor 23436 1.028 Cafktctott htsna0etnent AeslWnt ...,12 eel 2-M Cftbtft wIIY1 ......N............. N. N...». 1......»......SAW t &O1. yy f.wo..\ Ubw N.....».....N................. N...... 4,000 1 M 9.01 E SW*i 3300 3W6 Wwkm . ' 3:0 ',16 FICA., C°R'P tlo.. 100. 04E twwiov ktastisrsh4 w 400. 4.0" prt~oM............. .....................10Q 4.01 E Mwwm stlon 1.01E Loaf Ails. Ogcin ne 00 4.0W ProAleai" JoumNa....... 8.001 PMkf~ WW Trakskpf ToWl" oo. 5.01E911e1111Tfsifsin/ 'r+onfoMons .................»»...........12,100 USE Exhikww SPWW f 1.00E n5.0 ~ m... 3p~ Accou Op 6.01E Book 4000 $,on ifs. 900 ~ 6.a48 GoMwnm*M'Reports 1100 • i • ~ ~pendaNo. V ~ Agenda H calf y 1 } 7.00E 3"Ifts" Operation: .......S.i00. l 7.01 E Suppfit4 7. r, 2E Computer EQwpmenvuppiies 350 7 03E 'nsurarw•r I'W- Fxtwl „a ~ 7.05E Sccunty/M*inppnanW 7.Ob8 Bank SeMoe 100 9.00E ,Wwcdw Managems"t ..............................................................1.000 8.01E AmhMal SuppfiN.... 800 } 9.02E PrwwNN- -Vm oradon Prism. 1700 f 8.03E Exhibit arp~retlor► 3000 9.01E Spociai Edtibib . 1000 f r, i 9.06E C mfjl rt Prahcte ism r 8.06E Phut gra 4Wxftgraph oWocftml000 1.00E EQueadonatl "am N ~ ~ 0.01E wonrahcpe »..«»..»...~,10o i ME $06" Evw+fs ~~rA .01E Tea►sl nhlee/e ~ + 0:06E riewaladere. Wo )10.~ vehir" • N. N. N.N»N.M.«N. »»e.MN»1N.Y.N.NN N..1~9~p 10.01E Rheruitm#M 10.02E Roowi Wt rr1 10.01E Thowe PROM . . . 4 W ~y ~ M.»... w......». N. .N...N....NN..N»N... N.N«NM.I.....N~iUV 11.01 E 8uppfi. 3500 11.02' ...................2#00 w_y. 11.OG$ Selee Tax 700 S 12.002 Coetlngenay Funft..N....... .........N.N..«N..».«...«..N.N.N.MW.N.M......M'1°~ . I t ~ , y TOTAL EXPENSE! l6,T3l. 4 / r } F _ 9G ITY COUNCI s t YY ~ f. t 4+p i ` { { 1 'i r ~ r rte t i 1i i .i w ~1* +4;,v t0 t e f r i { r DA'AAugust_ 12, _1994 { CITY COUNCIL REPORT TO: Mayor and Members of the City Council i FROM: Lloyd V. Harrell, City Manager { SUBJECT: CONSIDER APPROVAL OF THE DENCO AREA 9-1-1 BUDGET RECOMMENDATION: Staff recommends that the City Council consider approving the attached 1994-95 budget of the Denco Area 9.1-1 District. ,SUMMARY: The budgeting provisions which the Denco Area 9-1-1 District must , comply with are contained in the Texas Health and Safety Code 3 772.309 (Vernon I 1992), In order for the budget to be effective, it must: 1. be approved by the board, 2, be presented to and approved by the commissioners court of each county w in the district, 3. be presented to and approved by the governing body of the most populous municipality In the district, if that municipality has a j population of more than 140,000, 4. be presented to the governing body of each other participating jurisdiction and approved by a majority of those jurisdictions. The first requirement has been accomplished and the second requirement Is in the process of being accomplished. The third does not apply to the Denco Area 9-1.1 District. Obtaining the City Council's approval will contribute to the successful i completion of the final requirement. For your review, a copy of their budget is attached. In addition to the revenue and expenditure figures, it contains useful overview, background, and structure Information. i PAOt3RAMS, DEPARTMENTS OR OROUPS AFFECTEb: The City of Denton's Police Department, Fire Department, and citizens as a whole will be affected by the approval i of the attached budget. I i 4 1 FISCAL IMPACT: There are nc cost directly associated with the approval of the Denco Area 9-1-1 District's budget. Respectfully submitted: i Lloyd V. Harrell City Manager h~ ell, D4ocw of Tre Now* WMM f e2 'TNT 'p'. . r +1111 1 . 7 i NO. 'W -yiyj,~Rrw_-_.-._ - :a'i"1.J• f...W.r.W.-~.. --aYWICA 1 1 Z ~ ry 1; r .100 1 l 1o41DGEt.911 u.l. ApAada+ RESOLUTION NO. , { A RESOLUTION APPROVING THE FISCAL YEAR 1995 BUDGET OF THE DENCO I AREA 9-1-1 DISTRICT, PURSUANT TO TEX. HEALTH i SAFETY CODE ; 772.3091 AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton has been pro- i r sented the 1995 Financial Plan of the Denco Area 9-1-1 District for approval, in accordance with TEX. HEALTH & SAFETY CODE ! 772.109 (Vernon 1992}1 NOW, THEREFORE, TIM COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: { SECTION I, That the City Council of the City of Denton hereby approves the 1995 fiscal year budget of the Denco Area 9-1-1 District. SECTION II, That this resolution shall take of toot immediate- ly from and after its passage. ,y , PASSED AND APPROVED this the day of 1994 r, 808 CASTLEBERRY, !MAYOR r` ATTFST: JENNIFER WALTERS, CITY SECRETARY 5i BY. APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY Byt { 1 i i J . cza aye i i ati+ I DENCO AREA 9 - 1 - 1 DISTRICT 250 S. Stemmons, Suite 260, Lewisville, Texas 75067 Phone/TDD (214) 221.0911 FAX (214) 420-0709 July 7, 1994 y ; 1, v Lloyd Harrell, City Manager i ' City of Denton j 215 E. McKiny r it JUL 121994 i Denton, Texas 76201 .r. r Dear Mr, Harrell: } Enclosed is a copy of the Deno Area 9.1-1 District Fiscal Year 1993 Financial Plan that was approved by the district's board of managers at its June 29th meeting. ' The legislation, under which Deno operates, requires approval of its annuil budget front the majority of the participating cities and the county, in addition to approval f}om the distrct's board ' ormanagas., I request that you review the districts's financial plan and submit it to your city council for consideration prior to the End of the district's current fiscal year (September 30, 1994). Please ( provide Dertco with written notification of your council's action. I have enclosed a sample ? p resolution that you uiay wish to oaa Thank you for your attention to this matter and your support of the Denco Area 9.1-1 District. Sinerely, 4 Mike Pedigo, Executive Director Enclosure i < I 40*No% ligelldatt # Date k"/ y ..~,....,...ri..n,......- , , .;.,sac WIM i~ w f No q -o Apda" E DENCO AREA 9-1-1 DISTRIC'T' Y i V 1 TM a i FY 1994-1995 Financial Plan Data SECTION 1 fi PREFACE Letter from the Chairman of the Board of Managers Lctlcr from the Executive DENCO AREA 9-1.1 DISTRICT Director FISCAL YEAR 199S FINANCIAL PLAN SECTION 2 DISTRICT OVERVIEW Background Information Structure of the Denco Area 9d•1 District Mission. Coals and Objectives ~ i SECTION 3 j FISCAL YEAR 1994 REVIEW 1 FY 1994 Highlights kk FY 1993 Budget Revkw SECTION 4 FISCAL YEAR 1995 FINANCIAL PLAN FY I"S Strategics FY 1995 Overview Summary of Cost Cimsilkations f SF,CTION 3 SUMMARY OF ANTICIPATED REVENUES AND PROPOSED EXPENDITURES Schtdult 1: Summary Schedule 2: Revenues Schedule 3: Expenditures Schedule 4: Projections - I 1 r i s ~r« s ode 3 P , SECTION l j f . PREFACE f ~ Iw, Letter from Chairman Board of Managers Letter from Executive Director, = ti f t c i ~ 'b°"Certo s r; , f . SECTION I PREFACE J, Letter from Chairman Board of Managers Letter from Exec}hive Director e. b.9 ti f ra F DENCO AREA 9 - 1 - 1 DISTRICT 250 S. Stemmons, Suite 260, Lewisville, Texas 75067 Phonelt'DD (214) 221-0911 FAX (214) 420-0709 July 1, 1994 , Dear 9-1-1 Customer Jurisdiction, Enclosed you will find the proposed budget for the Denco Area 9-1-1 District for the upcoming 1994-95 fiscal year. It is sent to you for your review as we move toward your jurisdiction being comfortable enough with it to approve it. The Board of Managers believes you will find it to represent one of the best bargains that you participate in. The District has been providing the finest enhanced 9-1-1 service available since its inception with no fee increase ever. This is also being done at a rate that ib less than that provided by the State and without any subsidies from the State. r During the present fiscal year, Denco routed an average of 10,000 ! 9-1-1 calls monthll to. public safety answering points within 'the District, Telecommunicators were also equipped with emergency medical dispatch skills so that citizens on the scene could render aid to ill and inured people while emergency personnel were responding. Additionally, money was earmarked to pa for a technology update to Denco's system, the first since it began operation in 1990. With the increasing population of our District comes increased networking. Additional positions and the possibility of additional answering points are provided for in this budget. Other changes that may result from the state-model resource skating study I j authorized by Denco 9-1-1 can be accommodated through this budget l as jurisdictions like yourself choose to utilize the data made available through that research. Our job is to enable you to answer your emergency calls in the shortest amount of time, and we stand ready to work with you in that endeavor in airy reasonable way that we can, Feel free to call on the District's staff or any of your board members if you wish further explanation of any details enclosed as gart of this budget package. Your agency's approval of this budget is requested by September 30, 1994, so all input you may have is needed as soon as is practical. Thank you for your continued support of Denco 9-1-1. Sincerely, (3aoi Randy Cc bin Cha roan of the Board ~peittflHQ. Enclosure 4gent{al wu¢W• afOl ~a.r i I DENCO AREA 9 -1 - 1 DISTRICT 250 S. Stemmons, Suite 260, Lewisville, Texas 75067 PhonerTDD (214) 221.011 i FAX (214) 420-0709 Y June 22, 1994 j Dear Participating Jurisdictions, i During the fiscal year 1994, the Denco Area 9-1.1 District will provide the equipment, netwotk and database to facilitate response to approximately 116,610 emergency 9-1.1 E calls in Denton County. 9.1.1 calls have increased approximately 19 percent over the last year. The increase in use of the emergency communication system is due primarily to the j growth in the county and increasing public awareness of the system. In addition to facilitating a growing number of calls, the district has completed a comprehensive emerg*ney medical dispatch training program that enhances the ability of local emergency service providers to respond to calls for medical assistance, an in depth feasibility study investigating opportunities for sharing communication resources, and the development of a new routing technology that wilt provide the district with a more efficient and cost effective network for years to come. i The services provided by Denco Area 9.1.1 District are provided by the three percent service fee on individual and business telephone subscribers in the district. The district began charging the fee of $0.27 for residential, $0.71 for business, and $1,13 for trunks in 1988. The same fee exists tod7y and is not expected to Increase for years to come. Enclosed is the Denco Area 9.1.1 District proposed Fiscal Year 1995 Financial Plan for your mM-,w and consideration. The plan provides for a major upgrade in the network that will position the disc.-ict to take advantage of future technology and maintain financial j stability for the long-term. The district would appreciate your favorable consideration of the proposed budget Thank you for your continued support of the Denco Area 9.1.1 District. If the district can ever be of assistance, please do not hesitate to call. Sincerely, Mike Pedigo Executive Director MPAp "*No Date ' q~v Rs..»i~• O 4 ` DAM r r k SECTION 2 District Overview Background Information Structure of Denco Area 9-1-1 District Mission, Coals, and Objectives ~f S r ~ r i I ~ kc6 1r n y4 yyY .I r 1! 1 r i S 1 agAedll~D %p oltttr+l Oete DENCO AREA 9-1-1 DISTRICT o District Overview cBa Qk rq i Information ~k~atisE9-1•I? f Enhanced Nine-One-One (E9-1-1) is s single, easy-to-remember number to be used when reporting emergencies to fire, police and emergency medical service providers. The E9-1.1 system, operational in the Denco Area 9-1-1 District, is designed to automatically route any 94-1 call,-placed within the district's geographical boundaries, to the proper public safely I answering point (PSAP) responsible for dispatching emergency services to the caller. The I district serves the City of Carrollton and all of Denton County, except for that portion of the F City of Dallas within the Denton County. 'o ` . ~ 21.1 Tetrrrinol4gy , } Q-11. ALWAYS pronounced nine-one one instead of nine-eleven to avoid possible h t r confusion when dialing the number. Nine-one-one is an easy-to-remember, easy-to-dial throe f number developed to provide citizens'& reliable, fast and convenient telephone digit emergency way to access fire, polior, or medical service providers in the event of an emergency. District. The Deneo Area 9-1-1 District was formed following an August 1987 special election in which 81% of the votes were in favor of its creation. The district is governed by a I , board of manager. i MMF~ SIM, AptndaNa 1 1 a ~ Gate ~ ! District Overview f;tA Page 2 0 9•I- , The system operational in Denton County that provides selective routing. ANI and 1 ALI (defined below). j 1SAp. Public Safety Answering Point. The location of the equipment used to answer 9-1.1 emergency calls. The following are the nine (9) PSAPs that currently answer 9-1-1 calls in the DeneoArea9-I-I District: City of Carrollton Police Department City of Lake Dallas Police Department City of Denton Police Deputmeot City of Lewisville Police Department Denton Couray Sberiffs Office City o[ The Colons Police Department Town of Flower Mound Police Departmait university of North Texas Police Departmad i City of Highland Village Police Department j i ledive Routing Provides automatic routing of 9.1-1 calls to the appropriate PSAP without 1 the caller having to make the determination of which public safety agency to 01. AN I. Number Identification. Allows the caller's telephone number to be displayed on a console at the PS AP. j ll` Ai. Automatic Location Identification. Allows the collets name and address to be s" p. r ' k, displayed on a screen at the PSAP. Dft The prerecorded information or data that describes a collection of items. For r ' 9-1 -I, these items are the caller's name, address and telephone number, as wr it as the emergency service providers designated to respond to the caller's address. w, h c4F.w t•~tnrnrr~munic8lor, An individual trained to communicen by electronic means ' with persons seeking emergency assistance and with agencies and individuals providing such assistance, i i a y... w.r•/.`gar.LYl .e4t-•-,_. r-brrMH iY~ i n.rM-V'4ViK"•".h Miw'.w'q ' z --T- #Cl~Y teWaNo apendalt 7 District Overview data Page 3 Benefits of E9-1-1 The E9-1.1 system has enhanced the ability of emergency service providers to save the lives and property of citizens in Denton County and the City of Carrollton. Some of the benefits of the j emergency communications system provided by Denco are the following- Only one three-digit number (not many seven digit numbers) to remember in an emergency situation. y - The 9-1.1 call is routed to the proper agency responsible for dispatching help to the caller. j - 9.1.1 calls are answered by trained telecommunicators. (In the Denco Area 9-1.1 District, telecommunicators are trained to vide emergency medical dispatch, thus reducing response time for medical emergencies.) - The caller's name, address and telephone number, as well as the proper fire, police and emergency medical service designated to respond to the caller's address, is automatically provided to the telecommunicator, thus reducing total response time. In the event the caller is unable to speak, the telecommunicator has the ability to dispatch help to the cal let's location that is provided by the E9-1.1 system. - ANVALI information provides a means to control and reduce prank calls. • The public education programs associated with E9-1-1 promote citizen awareness and involvement with emergency service provider no E9-1-1 system enhances local governments ability to meet the ever growing public expectations of emergency services created by popular television programming. Structure of the Denco Area 9-1-1 District y During its 1995 legislative session, the 69th Texas Legislature passed Article 1432e, i ' Emergency Telephone Number Act, which provided for the creation. administration, i expansion, funding and dissolution of emergency communication; districts in certain counties in Texas. The Emergency Telephone Number Act is the legislation by which the Denco Area 9-1-1 Distritoperates. 1 . i I ~Y':iRtiy 1 r N ~ ~entiaNo~ 4pandal 7 District Overview Oats ' Page 3 ~3 Benefits of E9-1.1of E9-1.1 u The E9-1-1 system has enhanced the ability of emergency service providers to save the lives and j property of citizens in Denton County and the City of Carrollton. Some of the benefits of the emergency communications system provided by Denco are the following: - Only one three-digit number (not many seven digit numbers) to remember in an emergency situation. - The 9-1-1 call is routed to the proper agency responsible for dispoching help to the caller. - 9-1-1 calls are answered by trained telecommunicators. (In the Denco Area 9-1-1 District, telecommunicators are trained to provide emergency medical dispatch, thus reducing rerponse time for medical emergencies) - The callers name, address and telephone number, as well as the proper fire, police and emergency medical service designated to respond to the callers address, is automatically provided to the teleoommunicator, thus reducing total response time. In the event the caller is unable to speak, the telecommunicator has the ability to dispatch help to the callers location that is provided by the E9-1-1 syinem. i - ANVALI information provides a means to control and reduce prank calls: i, The public education programs associated with 139.1-1 promote citizen awareness and involvement with emergency service providers - The E9-1.1 system enhances local governments ability to meet the ever growing public expectations of emergency so-vices created by popular television programming. E i ~~gu~of the~n~ra9.1.1 District Lotislation , During its 1985 legislative session, the 69th Texas Legislature passed Article 1432e, Emergency Telephone Number Act, which provided for the creation, administration, ~F I expansion, funding and dissolution of emergency communications districts in certain counties , in Texas. The Emergency Telephone Number Act is the legislation by which the Deno Area 9-1-1 District operates. i i 1 cW, I ApendaNo.&~ 4gendalt Oate 4 District Overview rt~3~ Page 4 Article 1432e states the purpose of the Act to be the following: To establish de number 9-1.1 as the primary arxesency telephone mumbo for use by artair: local governments in this state and to ereouage unfits of local governments and combinations of those units of E local SwernmeM to develop and improve emergency cormmunication procedures and facilities in a rMoner i due well make pa%-* the quid: response to ary person calling the telephone number 9-1.1 sold" Police, &e, medical, rescue and otha emergency services. Creation of Deno Area 9.1.1 District On August 8, 1987, Denton County held a special election to confirm the creation of the i Emergency Communications District of Denton County and authorize a 9.1-1 emergen^i service j fee, not to exceed three (3%) percent of the, base rate of the principal service supplier per service 6 year per month, to be charged by the Emergency Communications District of Denton County, excluding the portion of the City of Dallas. By a margin of 13,086 to 3,024, the voters favored the creation of the Emergency Communications District of Denton County. After the special resolutions of election, the city and county governing bodies within Denton County passed a participation in the Emergency Communications District of Denton County. The resolutions 7 stated that the city or county would become a participating jurisdiction in the district pursuant to the provisions of the Emergency Ct nmunications District Act. 1 The participating jurisdictions of the district are the following: ! x Hackbe ry Lick Elm Aubrey Hebron Marshall Creel: Butonville Hickory Crock Nonhlake Carrollton Highland Village Oak Point Capps Canyon Justin Pik( Point ~ Corinth Kruge ville ponds i Corral City Krum Roanoke 1. E app 1 1 1 AP*NO V/~S-Mwi District Overview 11318 7 Page S Cross Roads Lake Dallas Sanger Denton LAkewood Village Shady Shores Double Oak Lewisville The Colony Flower Mound Lincoln Park Trophy Club Unincorporated Denton County E I On December 8, 1987, the district's board of managers ordered the levy and collection of the emergency fee to commerce with the January 1988 billing cycle. The board ordered the service fee to be collected by the telephone companies to be charged at a rate of three (3%) percent of the base rate of GTE Southwest. The emergency service fee for basic levels of telephone service ~s k ' - charged to customers. in the district,were capped at.S.27 for residential customers, S31 for I business customers and 51.13 for trunks. (The same cap remains In effect today,) On June 28, 1988, the board of managers named the Emergency Communications District of Denton County, the Denoo Area 9-1-1 District. (j Structure { Board of Board ofMan~~. The board of managers is the governing body for the Denoo Area 9-1.1 District. The board is appointed by the county, participating cities and the Denton County Fire ' Chiefs Association. The current board of managers is the following: ♦ x Board Chief George R (Randy) Corbin, Chains Denton County Fire Chiefs Assoc. Jim Fergmas, Vie!'-Chaimun Denton Cow+ty Conunissioners Court t` f Olive Stephens, Secretary Participating Cities j . John McGrane Participating Cities 3 Dr. Allen Goff Denton County Corrunissioners Court { Melvin Willis GTE, AdvWq 1 I, i i a 1 qw-doNe 40ndeltem 1alF P-/2.9~+ District Overview page6 lee 1 ' Board members serve staggered two-year terns and are eligible for reappointment. I, The Emergency Telephone Number Act states "the board shall manage, control and administer the district. The board may adopt rules for the operation of the district.' The legislation also district who I allows the board to appoint a director of communications (executive director) for the . serves as its general manager. The director, with approval from the board, provides the staffing necessary to carry vut the purposes of the Emergency Telephone Number Act. r ti . The Denco Area 9-1.1 District's staff is responsible for performing all the duties that maybe required for the district to accomplish its mission within the framework provided by the board. The district has rive staff members, each with specific areas of responsibility. The j organizational chart of the Deno Area 9-1-1 District is the following: F lteside* o t , r x 96" of t~efle~are , Adrt retlre R"epforist Secrete Public McdW Cperatans i Tnktg Mme er Mane i i ~ } 004 No ADendall District Overview 11~a ~ -g►,[~ Page 7 issio sls and~rctives The Denco Area 9-1.1 District has defined as its mission: r TO establish and maintain 9-1-1 as the Primary 9-1-1 District and enhance the ability of local emergency tnts tephone sponum ber for the De help, nd to cabs for a nco Area mergency f Each of the operational areas of the Denco Area 9-1-1 District's organizational structure has an P i ,..identified goal and a (is, .f i specific ongoing objectives required to accomplish the goal. The ' achievement of these goals w:0 enable the district to accomplish its mission. 11 V-vKu Ofhen OMB 1 -AM The board of managers' goal is to provide the policy, direction and 11f control mechtutisms necessary to assure that ih I Denco Area 9.1-1 District accomplishes its mission within the financial resources provided by legislation. Orgoing objectives are the r following: • Reprint the interests of member jurisdiction defining district's mission, goals and objectives emergency service provider and users in ' ` ~ • Provide the policitts and direction ~ • Monitor the finarseial required to act a definite course for decision making, position of the district to assure complianze with the r C.'•, , plan and to assure long-term stability. approved financial L~ ~ Evaluate requests for capital expenditures; insuring that the board's action falls within the ' scope of the district's financial plan and mission - $valuate the afl'edivrness of the ex statement. ecutive director in managing the operations of fie district. t M]'nY ~gendaNo. Agen4alt Date 97 District Overview Page 8 Administration. The administration goal's to manage the Denco Area 9-1•1 District in an 1 objective, efficient, cost effective and responsive manner. Ongoing objectives are the following - Administer the Denco Area 9-1.1 District, and the public funds entrusted to it, in a manner that assures compliance with applicable legislation. } - Implement the directives and policies of the Denco Area 9-1-1 District Board of Managers. I# - Provide 9-1-1 service in a cost effective manner through research, planning and efficient use of 9-1 • l service fees. - Monitor legislative issues that may have impacton the funding and/or operation of the district rnd take appropriate action to protect the interests of the district. - Represent the district at appropriate local, state, and national meetings. • Prepare and manage the district's operating budget in a manner that provides long-tcrm financial stability. - Provide the staff support necessary to accomplish the district goals. - Evaluate the effectiveness of the district staff in accomplishing individual and district goals and objectives. - Remain abreast of changing technology that may provide short-term and !ong-term enleancements to the network and keep board advised of changes that may affect district operations. Represent Denco in discussions and negotiations with telephone companies saving the district. i Actively encourage communication and interaction among emergency service providers, ' member jurisdictions. community groups and the Denoo Area 9-1.1 District. • Prepare and distribute monthly board of maLragers agendas, providing the board with the information required to make informed decisions. i Public Education. The public education goal is to inform potential users about the $ availability and to promote the proper use of the 9-1.1 system. Ongoing objectives are the following: . Design and implement effective 9-1-1 public information and education programs that focus on the specific needs and special interests of targeted groups including those with communication barriers. j - Seek opportunities for presentation of 9-1.1 information through community outlets. . Provide support, acknowledgement and recognition of the sigr.fiewt eon!ribution made by district telecommunicators. 1 pR r 4gendaNa AV- Ags~tlalt -12 oats - - District Overview Page 9 vv - Assist with the development of school curriculum materials concerning handling of emergency situations. t, rai ' . The training goal is to provide a program that enables PSAI' personnel to effectively use the 9-1-1 system. Ongoing objectives are the following: - Evaluate emerging technology and its impact on training needs. - Offer initial and ongoing training for district telecommunicators on a regular basis with attention to special needs. Assure that training programs sponsored by Denoo meet or surpass state and national standards and provide telecommunicators with professional development opportunities. - Develop, update and distribute training materials and information about training opportunities. Monitor training issues, enhancements and 'rends: evaluating and recommending those beneficial to the district j Operations The operations goal is to provide the most effective, reliable and technologically advanced 9-1.1 system possible within the district's available resources. Ongoing objectives are the following: t . Provide a dependable voice and data network tha! will, during normal peak demand, route all 9-1•1 calls to the correct public safety answering point (PSAP). - Monitor statistical data and error reports; recognizing any trends that may indicate database or network problems. - Monitor the use of the 9-1-1 system; identify, rem arch and implement measures that mAe the ' system more efficient and effective. i • Facilitate the flow of information between member jurisdictions, public safety answering points, and telephone companies in a manner that will achieve a database accuracy level of 99'/+. { - Evaluate the needs of each PSAP as they relate to the entire district and recommend systems that match the PSAPs and district's requirements. • Maintain a contingency plan that provides alternate routing for 9-1.1 calls during emergency f situations. y f aAandaluc q~'~ .,.---iWa • 4geridalta - tJata District Overview l9 ~s3? Page 9 - Assist with the development of school curriculum materials concerning handling of emergency situations. r 'nin . 1 ire training goal is to provide a program that enables PSAP s personnel to effectively use the 9.1-1 system. Ongoing objectives are the following: • Evaluate emerging technology and its impact on training needs. 1 . - Offer initial and ongoing training for district telecommunicators oa a regular basis with " attention to special needs. 1 Assure that training programs sponsored by Denco meet or surpass state and national ' s standards and provide telecommuniewors with professional development opportunities. - Develop, update and distribute training materials and infomtation about training opportunities. Monitor, training issues, enhancements and trends; evaluating and recommending those beneficial to the district. OgSrafigns The operations goal is to provide the most effective, reliable and technologically advanced 9-1.1 system possible within the district's available resources. Ongoing objectives are the following: . Provide a dependable voice and data network that will, during normal peak demand, route all ~ 9•1 1 tells to the correct public safety answering point (PSAP)• Monitor statistical data and error reports; recognizing any trends that may indicate database or network problems Monitor the use of the 9-1.1 system; identify, research end implement measures that make the I s ' system more efficient and effective. • Facilitate the flow of information between member jurisdictions, public safety answering points, and telephone companies in a manner that will achieve a database accuracy level of • Evacuate the needs of each PSAP as they relate to the entire district and recommend systems I, that match the PSAP's and district's requirements. , • Maintain a contingency plan that provides alternate routing for 9-1-1 calls during emergency situations. , .T I S AWWO Apendal S AV- Qo/J we -6 --xbL-4zj- + - SECTION 3 , FISCAL YEAR 1994 Review FY 1994 Budget Highlights FY 1994 Budget Review i r I 10, ~ It I , a i E M. w> .n<r re I Apepdel DENCO AREA 9-1-1 DISTRICT g1~ ~u 02 / ~/3? 4 i. U Fig&l Year 1994 Review During Fiscal year 1994 (October 1,1993-September 30, 1994) the Denco Area 9.1-1 District has already accomplished many of the objectives it outlined in its operating budget submitt ed last August for consideration by participating jurisdictions. z FY 1994 Hiohli¢hts i i Some of the accomplishments of the district during Fiscal Year 1994 are the following: • Provided the equipment, network and data for 116,610 9.1-1 calls to be answered by teleeommunicators with 88 percent being answered within five seconds. • Maintained a database accuracy of 99.1 percent. II - Provided additional signs to be placed at strategic locations notifying the public of the 1 availability of 9.1-1 service. • Added answering positions at the Denton and Flower Mound PSAPs. • Distributed over 38,500 educational messages and painting pages to students, kindergarten through fifth grade, throughout the district • Delivered the "9-1.1 Leaning Units" for use in 354 classrooms in schools 'hrou8hout the ' distnd • Participated in 12 community/schoo, health and safety fairs. Recognized the accomplishments and dedication of the district's telecommunicaton during National Telecommunicator Week (April) and 9-1-1 Day (September). Made 9-1.1 educational presentations at eleven area schools. E Completed implementation of Emergency Medical Dispatch program at all wtswering points in the district, with recommendations for quality improvement and continuing dispatch education components. Funded Medical Priority Dispatch System emergency medical dispatch training for a total of fifty telecommunicators from the district • Provided basic teleoommunicatof training for 19 new lelecommunicators and advwxtd training in communicating with deaf and hearing/speech impaired callers for 21 students. i ! i 1 l 1 J •A cow r 1■ C gtutdaNo. ondalt A Fiscal Year 1994 Review late Page 2 K.2 ` f - Sponsored and coordinated advanced telecommunicator training sessions on: the Telecommunicatoes Role in Hostage Negotiations, Customer Service, Careflite Procedures, and Emergency Management Planning. Conducted 9-1-1 safety awareness campaign for senior citizens with 12 presentations made to active senior groups and delivery of 9.1.1 message to more than 2,600 homebound seniors. Obtained a grant of $35,000 to assist in funding a Combined Resources Feasibility Study for participating emergency communications providers in the district. The study gave i communication centers the opportunity to evaluate existing operations and alternatives for sharing resources to provide a more efficient and effective service. Evaluated the implementation of tandem routing software to be installed in FY 1995 that j "I provide the district with more efficient routing of 9.1-1 calls and be more cost effective. I FY 1994 Budget Review The approved Fiscal Year 1994 Financial Plan provided for a decrease in fund balance of 41 percent. Due to the increase in revenues, and decrease in proposed expenditures, O e end of year fund balance is estimated to be 4.4 percent less than the beginning. Denco also began FY 19% with a greater fund balance than projected. i The decrease in expenditures was primarily due to the failure to purchase x network switching i system and land. At the pm wt time, GTE has proposed a system that meets the criteria the district has required. Denco is planning to contract for a tandem switch and centralized database that meets its specifications and has budgeted $220.000 for the purchase of the I system in its FY 1995 Financial Plan. Denco is continuing to plan for the purchase of property that meets its parameters so that it can relocate in FY 1997. The district also ex that its f' pods personnel and operational expenditures will be less than budgeted. The district restructured its staff to adjust to the current and projected workload. This change is estimated to decrease the budgeted FY 1994 personnel costs by four percent. The district's estimated operational costs are expected to be approximately 7.8 percent less than projected. i Direct Services are estimat-A to be nine percent less than projected in the FY 1994 plan. I i i r i Mme;,: +pen4.0o. 4genda Fiscal Year 1994 Review Rite e0y Page 3 •?3 g~3? 4 The overall Fiscal Year 1994 Financial Plan compared to estimated actual revenues and expenditures follows: i FY 1994 FY 1994 bidwL ldba Bcom mg of Yew Fund Mom !418,082 $4514061 7.89'% ~y Reveoua Nei 9.1•1SavioeFea 799,702 813,1/7 1.69% interest I0,00~ 15.003 $0.03% Other. Tote[ 809,702 833,200 2.90% r, EVerAtwes PasoerttJ (212,059) (203,384) 4.09% op"6= (%.497) ( 89.003) A.77% , DiredSavioa (581,219) (526,348) -9.44% Cgiul Espm&twa u f 62349) 47.98% TOW (1009,623) (881.684) -12.73% qr R,atri-Aed FwAs 28,000 28,900 O.OD% End of Yar FSmd Bslsnce 51= 543 75.16% ~ I i. LmRri 1 egeedaNo. Apeadalt Oete i SECTION 4 { 16 FISCAL YEAR 1995 PLAN i FY 1995 Strategies FY 1995 Financial Plan Overview Summary of Cost Classifications 1 r 3 7 r,`t' 1 NendaNc Agema,It Oeta E ffff SECTION 4 FISCAL YEAR 1995 PLAN FY 1995 Strategies FY 1995 Financial Plan Overview Summary of Cost Classifications t t i i t A e .y r j11j , t~anOaNa, 4gendalie 2 ~ fete ' DENCO AREA 9-1-1 DISTRICT Fiscal Year 1995 Financial Plan i FY 1995 Strategies As the Denco Area 9-1.1 Dis+rct approaches its fifth year of system operation, it has defined strategies that will dictate budgeting priorities for FY 1995. Listed below are specific strategies that the Board of Managers have identified that will be required in Fiscal Yea: 1995 for Dow to meet its ongoing objectives and goals and, therefore, its mission. Board of Managers Evaluate requests for capital expenditures in a manner that will be both responsive to district needs and consistent with the financial plan • Provide direction for ongoing long-range planning for the Denco Area 9.1-1 District. Be represented at the annual meeting of the National Emergency Number Association. • Evaluate the independent feasibility st;rdy related to combined resources and consider Dences role in any effort as a result of the study. Evaluate legislative issues relating to the operation of the district and take an official position when appropriate. - Develop and approve a five year strategic plan for Denco Area 9-1-1 District. t Evaluate current policies for the provision of equipment at public safety answering points ` (PSAPs). 1 i Administration • Provide all the information necessary for board of managers to make informed decisions. Make recommendation to bard of managers on capital expenditure requests based on specific need and financial impact. - Work with local and state groups to pass legislation giving limited immunity for telecommunicators providing emergency medical dispatch. Develop and recommend a five year strategic plan to the board of managers. Begirt the development of plans for the relocation of district offices and training center. Evaluate new and emerging technology and eevelop a recommendation for the replacement of PSAP equipment. k i i i 1 ►-1 ~gendako 'Q~~ Agendalt oats FY 1995 Strategies a6 Page 2 i Trainin Provide staff support to PSAPs participating in the emergency medical dispatch quality improvement and continuing education. - Coordinate and sponsor a specialized training seminar that provides telemmmunicators with tools to enhance their ability to respond to 9.1-1 calls. Work with state officials to provide TCLEOSE credit for telecommunicators attending classes provided by the district Coordinate programs that allow telecommunicators to practice responding to TTY calls ` at least monthly. , Evaluate the new network configuration and develop training programs as needed. - Begin gathering data for planning the development of a 9-1-1 training facility. 1 Public Education i - Publish and distribute six issues of the district newsletter. - In conjunction with the completion of the county's rural addressing project, develop a public education program focusing on the need to display addresses so that emergency responders can easily identify the location of an emergency. - Review results from state 9-1 .1 market research studies; utilize appropriate information to identify target groups for any future public education emphasis. • Coordinate the planning for an event celebrating five years of enhanced 9-1-1 in the district - Develop a means for measuring the percentage of non-emergency 9-1-1 calls at given PSAPs; identify specific types of problem calls and devise public education campaigns to address those concerns. 4 • Provide thecoordination required to efficiently and effectively implement the Enhanced 9-1.1 system in the unincorporated areas of Denton County. • Work with Denton County Public Works to develop a maintenance program for the y 3 county's addressing system. • Monitorthe 911-B forms, error reports, etc., to identify database problems and to insure I that proper procedures are in place to insure a 9-1.1 database accuracy of at least 99%. • Work with telephone companies to provide an agreed upon turnaround time for MSAG changes and 91 I-B reports of 0.8% within 10 days, 80% within seven days, and 40% within five days. - Provide daily reports on the status of outstanding MSA•.J changes and error reports.. • Coordinate the implementation of any additional PSAPs. j i VOW - 711- T-1 ~oruo,~2fi _ r r FY 1995 Stmt 'A!e + egces .2 ~r7 " Page 3 Work closely with OTB and Southwestern Mi in the implementation of the new database ma-agement systems. Develop a written cOntingency plan for automatic default and alternate routing of 9-1-I calls during network outages, t ~ r ~i . 'I r I I rr i ' i J:. R . i igendaNo f vandalt S FY 1995 Financial Plan Overview Date Z- aa' ;aimmaty The Fiscal Year 1995 Financial Plan provides the funding for Denco to meet both the long-term a and short-term goals and objectives that have been outlined in this document. The plan provides for significant steps tower ;ong-term financial stability with the purchase of new technology that will help offset increases in future costs and provide a network compatible with future digital technology. The plan also allocates funds for the purchase of land for future 1 district administrative offices and training facilities. Both of these purchases weir budgeted irk FY ` 1993 but not purchased because specificAtiors were not met, however, the district plans to be in contract for the new technology prior to the end of Fiscal Year 1994. 1 Ftnamially, the FY 1995 Proposed Financial Plan projects a decrease of 17.32 percent below the FY 1994 Financial Plan in its fund balance at the end of the fiscal year. The large decrease in fund balance is pdn mnly due to the capital expenditures mentioned in the above paragraphs. Both projects w'1 provide a decrease in operating costs in the future. The growth of Denton County continues to broaden b A the requhments for service and the base of financial support for the Denco Area 9-1-1 District a Schedule i summarizes the proposed budget as compared to the FY 1994 Fi..ancial Flu. , AntiSlDatld lteyen~ Reverwes for the Denco Area 9-1.1 District are projected to be 7.48 percent greater than those I Projected in the FY 1994 budget. This is primarily due to the 7. SS percent increase in projected 9-1-1 Service Fee Revenue. Demo is fortunate to be experiencing the growth in service fees that reflect tkgrowth in the district. The eomninued growth allows the district to continue to cap its service fees at the sane rate for the eighth year, Interest Revenue is projected to increase by two percent primarily due to using Interest rates and the district fund balance. Schedule 2 provides the projected revenues for FY 1995. ProneseA e`~^'~ditures s ; Expenditures in FY 1995 are proposed to increase over the FY 1114 budget by 11.52 percent. . I I Personnel costs are projected at 2.38 percent above FY 1994 budget. Total salaries budgeted i a fiw percent increase over the FY 1994 Financial Plan Benefit costs reflect a I. s cent increase ~~de and Other Personnel Services are decreased by 68.75 percent to a total of 51000, The decrease in Other Personnel Services is because of it Chang: in staff structure. Operation costs are proposed to increase at a modest 1.42 percent. 9.P • I ~ ig FY 95 Financial Plan Overview AgendaPage 2 flats J 02? a7 Direct Servi-,as Costs are projected to decrease by 20.90 percent. The major decrease in this budget category reflects the purchase of the new tandem and database technology. Public Education also reflects a decrease of 2.14 percent. The primary reason for this decrease is I change In focus on back to school promotions and adult promotions. The Training budget for fY 1995 reflects a decrease of 61.33 percent. Sixty-six percent of the FY 1994 Training budget went directly back to the cities and county that are participating in the Emergency Medical Dispatch program, The FY 1995 budget will be used to provide specialized training seminars dire4-ted at Identified needs and to enhance ongoing programs. Denco Is anticipating an increase is its Capital Expenditures of 251.87 percent in its proposed FY 1995 Financial Plam r&w plans to purchase a tandem switch for network enhancement and expects to ute the savings from existing recurring costs to offset the purchase pace in the FY 1996 budget. The district also has budgeted for the purchase of land for future offices and training facilities, an additional answering position In Lewisville and a PSAP at the Trophy Club. The Denco Board of Managers has resolved to maintain a fund balance of not less than $200,000. This balance will provide a financial cusVor should any emergency occur. The board also has restricted part of that fund balance to be used for the building of future offices and training facilities and the replacement of PSAP equipment. r Schedule 3 reflects the proposed budgeted amounts for each line item. Fund Balance Proj Mu,~~• i j Schedule 4 provides the framework for meeting future financial needs with the resources available. The spreadsheet incorporates conservative estimates in revenue growth along with realistic expectations In expenditure growth. 1 The real benefit of the tandem purchase is reflected in the PSAP Equipment and Service line item decreas,ng ImmedWely with its installation Also note the decrease In Operations Cost after building the office and training facilities in FY 1997. In the long-term, the Denco Area 9.1.1 District will be able to upgrade its system to the most efficient technology, maintain a stable fund balance and continue to cap the service fee rate for the + citizens in the distri,,i i i f 1 i t AgodaNo q r AOsndal fto 1 Nis .~D -37 SUMMARY OF COST CLASSIFICATIONS Fiscal Year 1995 Budget 5100 PERSONNEL Includes all district ttaff salary and benefit coals, costs of tempera), employees, and foes paid to i agencies for temporary personnel services. h 5200 OPERATIONS kludes operational costs to provide oontirxred 9.1.1 emergency neNat support services to the District. 5110 SounwLations bacludes the tdocommunicatioan, printi4publishing and postogdshipping eosts necessary for . „ t the district to disseminate information Telcownanication coats include telephone, facsimile, pager end other teloconununication line charges, lease payments, local and Iona distance service pnd system maintenance for district : operations. Prind4publishing includes all costs of outside printing, binding, collating, design, layout, photography, art work, and similar coats related to the preparation and publication of printed and video presentations. M also includes the purelmse and reproduction costs of maps. Paslagdshipping lnclu a all postage, Insurance, freight, delivery, refer rental and other related costs except when postage/shippingore Included In the total purchase price of s specific item i i 5220 Sypplin Includes the cost of routine expendable of lee supplies such m pens, pencils, ribbons and all computer and copier papa. Supplies also includes the cost associated with hosting meetings, special recognitioe, o pression of congatulations and sympathy and other miscellaneous expe ditum This also includes minor equipment with an acquisition cost of less then $300.00 find a 6110 rcpectancy of less than one (1) year. l i 5130 Professional Senices Includes the cost of legal fees, accounting services, :hdepaida. audit and other profeasimw services. Also includes professional devc4ment cost for conference registration, tuition reimbursawk reimbursement paid to new employees as part of recruitment agreement, sud staff training. i rw 'y too, Rio ApenW Date - 1 Summary of Ccst Classifications FY 1994 Page 2 5240 9fflca SpAyAguipmeat t Includes all offce PM mointawrrce payments and arty costs for temporary offices, storage spcce or similar facilities, Also includes the kale or purchase and maintenance of office equipment, computer hw&Vdsoftware and furnishings wish an acquisition cost greater than $300.00, aad a life expoctancy of more than one (1) year. 5250 McmbershipOubscriZiM Includes Individual and organizations] memberships to professional organizations such as . ' ` • fVENA mid APCO:' Itrcludos' a►bdafptWro sottewspapen; paiodicals> anformatien sit utd ' ` the purchase or rental of books, videos and mordings. 5260 Adsisin bxhrdes the cost of public service announantarts, required legal notices, public meeting notices, solicitation for bids, job announamads, and similar other costs related to the medis. $210 Ia4uteu~ j Includes all liability, casualty, fidelity, notary bonds or insawa for Now Area 9.1.1 District hoard members, employees and property, i 5280 ImuVAWD laehrdes costs such as, but not limited to, mileage reimbursements, airfare, food, lodging, local transponation, parking, telepbone, etc,, when such costs are reasonable and when flay are incurred in eoq;unction with board and authorizod staff travel or official business within the disuses. Also includes allowance for professional staffs' use of personal Auto while conducting district business within the metroplet 1 11{III I 'i agendaNo.._. Agendalt 0a1e..~ Summary of Cost classifications FY 1994 Page 3 5300 DIRECT SERVICES Includes all costs attributed directly to Deneo's 9.1 • { nehvork suPP~+ Public education and training. 5310 P,4AP~sSi,.~-and -%r~ ,RMM Also Includes mina . i u fa 91.1 equipment and senice. i At Includes monthly rocurriag costs provided by Dcnco a and materials owned by of Installation or replooemwt of equipment PSAPs. 5320 $thlisF~+cn sat for+Pecial ' And distributica of public education idea the devokptnsra, p+>~ to signs, coloring boola, decais, Phone stick~n and focus woo and the district at Se district Also includes costs for other public education materials distributed tiuoughout the 9.1.1 Day Activities, spec{ai function$ such as National Tekco nmunicator Week rocoOtkA r Cu 5330 TJlia►ag and span r eta,. gust speakers, Cie., Associated equipmen Includes cost for materials, with meeting the "ning needs ofg 4. .1•! u11•takas. Also mctudes VNpenditures for equipment and selection tools. materiels that provide PS/, Ps with better personnel .1 3400 CAPITAL FUND 5410 cAtILEtcRMit M i Includes capital expenditures for designated ,peciAl projects fa the current budget year, 3450 Btu N& b WA funds that Are set aside for spatial projects in future years. trt Il re i i r y.4 ~bndaFio. Agents b Gate ~ " Z' u 33 r } i SECTION S ANTICIPATED REVENUES k AND PROPOSED EXPENDITURES r Schedule 1: Summary of Anticipated Revenues and Proposed Expenditures Schedule 2: Anticipated Revenues f € Schedule 3: Proposed Expenditures ;1 f Schedule 4: Fund Balance Projections i i Ili i I }3q 73p, -w- i r Mimi ! AgWaNo 9 - SCHE DULE 1 cum Wr3 I~t# DENCO AREA 911 DISTRICT OPERATING BUDGET "~Suttirrlaryoi Antici ate' 0 Re~entaes end Proposed Exp"anclitu"r 2~ry~Cn.~;.~r.ri r 4r~~'p'.^ { n .i r , !~a'kr; H X '.i ,d .aF+ 4.xYr rS e'~°J. Fspa ~@Rr~ 1995 fir. C I` e>4N,k I~CGMT I i F: ANaE { ESTIMATEDBEGINNING OFYEAR FUND $418,082 $431,177 3,1345 ANTICIPATED SOURCE OF REVENUE I 9-1-1 Service Fee Revenue $799,702 $860,051 7.55ai6 f Interest Revenue $10,000 $10,200 2.00% Other Revenue NJA TOTAL ANTICIPATED REVENUE $809,702 S870,251 7.48/0 ° PROPOSED EXPENDITURES Personnel Operations ($212,059) ($217,110) 2.38% Direct Services ($98,497) ($97,884) 1.42% ($5816219) ($459,760) -20.909 f Capital Expenditures ($119.848} ($351.1821 193.029 TOTAL PROPOSED EXPENDITURES ($1,009,823) ($1,126,908) 11,52% RESTRICTED FUNDS 528.000 98.000 END OF YEAR FUND BALANCE $2 $ , i tt 3 Ag"ft No A,111alt jU #79 SCHEDULE 2 Date g' DENCO AREA 911 DISTRICT OPERATING BUDGET w t S a n Z + IT + rM"; p dY~11~`98 4 a> f-! SERVICE FEES GTE $707,168 8112846 Southwestern Bell $128,512 14.77% Lake 0$898 Telephone Company $22,035 2.63% $20,618 2.40% Sprint Lou AdmIntwatwe Cost °($17,679 + WA Less Unoaloct ble (11.02 WA TOTAL NET TELEPHONE REVENUE $660,051 68.83% 1 INTEREST REVENUE ;t Invested Funds $6,200 1.06% OperadnQFundB 11.000 Q,11% TOTAL INTEREST REVENUE $1 MOO 111746 l 07HER REVENUE Miscellaneous Revenut8Over Expenses 50 TOTAL OTHER REVENUE $0 0.00% TOTAL REVENUE $870,261 2611 , 1 j j 1 I Z~MtUULC J DENCO AREA 911 DISTRICT OPERATING BUDGET 1 R d now 1 Proposed Expenditures w sY` p FlSC13) Year, 1995 OF I 1096 P✓ V PERCENT t Ar+lµ 'y p `1N' d d lrw,>'. t*lftrf ~ BD4ET,CRTEQORY a ;.~~a ,t a , ~>aoPOSt a' ',~:'6uacET., ' PERSONNEL 6110 Salaries $171,705 15.25% 6120 Benefits $44,405 3.94% f 6130 Other Personnel Services 51,000 0.0945 TOTAL PERSONNEL $217,110 19.28% OPERATIONS 5210 Communlcatlons 5211 Telecommunications $7,910 0.70% $212 Printing $1,692 0.15% 5213 Postage/Shipping $2,367 0.21% 6220 Supplies $3,995 0.35?5 w 6230 , Pxofessional Services ,I 1 6231 legal Services $9,000 0.604 6292 Accounting Services $800 0.074h 5239 Independent Aud'.t $2,500 0.2245 6234 Prorossional Development $4,900 0.4445 $235 Other Professional Services S1,d00 0.094b 6240 Office SpacelEqufpment 6241 Office Space 123,787 2.11% i 5242 Equlpment*urjWnp $8,260 0158% $260 Memberships/Subscriptlons 6251 Nemberahipa $1,360 0.12% $252 subsc*tons $536 0.06% % 6260 Advertising $150 0.01% 5270 Insurance $5,137 0.4694 6280 Staff Travel 5261 Travel $14,600 1.20% 5282 Auto Allowance $12.000 1.07% TOTAL OPERATIONS $97,864 8.6945 DIRECT SERVICES 6310 PSAP Equipment and Service $4318600 38.33% 5320 Publl;Education $21,730 1.93% ISM Training SS.420 0.574b i TOTAL DIRECT SERVICES $459,750 40.83% , CAPITAL FUND I 5410 Capital Expenditures 5323,182 28.7044 6450 Restricted Funds $28.000 mat TOTAL CAPITAL EXPENDITURES $351,182 31.19% TOTAL EXPENDITURES $1,125,906 too,C.o% alb p'..= . ,I V006 AQendaNo SCHEDULE 4 Agandah E DENCO AREA 911 DISTRICT OPERATIN .p Ay'..in r+~'f p 3 Fu ud,I~ ri ance Projecifons Ndpeted, f(o,, 'M r0190e0 [olected I73~ Projected` `~r~,f ~~4~~~Tio/1<s j Y~ 0•~r '"r vC ~R C•7.?' Y .Y., ~r al ,ra°~v` .1994 ",yFY 1993 FY1098 FY 1997.s~Y 1998' . "FY 199 1 REVENUES Notts 1 Nat Service Fee Revenue f1 $813,197 $860,051 $911,654 $966.353 31,024,335 $1,085,795 Interest Revenue $15,003 $10,200 $8,189 $14,651 $9,411 $8,550 0091 Revenue ; H 12 49 19 19 + TOTAL REVENUE $833,200 $870,251 $919,843 $981.004 $1,033,746 $1,094,344 EXPENSES Personnel f2 (3203,384) ($217,110) ($230,137) ($243,945) (3258,581) (5274,096) Operations f3 ($89,003) (596,664) ($99,564) ($92,551) ($95,327) ($98,187) Direct Services PSAP Nulpment 8 Service 04 (5487,766) ($431,600) ($904,600) (5329,600) ($354,600) (5379,600) Public Educatloo 05 ($22,152) ($21,730) ($22,817) (323,957) ($25,135) ($29,413) j Training f8 ($16,430) ($8,420) (58,877) ($8,944) (57,222) ($7,510) I Capital Fund 1 Capital Expenditure ' s Tandem Switch f7 $0 (5220,000) $0 $o 50 $0 Land Purchase 08 s0 (550,0001) (5541300) so $0 $0 Building 09 to to 60 (3200,000) (3174,400) $0 EgulpmentReplacement f10 $0 $o s0 (8175,000) (3100,M0) ($100,000) 0091 Pro(ects oil ($34,349) (553,18 (140,000) (140,000) (540,000) ($40,000) Re4Rdcted Funds Bu!lding ($18,0001 ($18,000 (318,000) 50 $o s0 Equipment Replacement {$10,QQQ? ($0=1 (SIO,Q~ TOTAL EXPENSES ($681,064) (31,124,708) (3788,294) ($1,111.997) (51,055,286) (3925,807) ' E C"S Revtenues Are. (Under) &Parldlfures 1 ~ (547,884) ($254,455) $133,549 ($130,993) (321440) 3168,537 ' FUND BALANCE Beginning of Year $4511,0611 5431,177 $204,722 $368,271 $235.278 $213,738 Revenues -Expenses ($47.884) (3254,455) $133,549 (3130,993) (321,540) 3168.537 i Restricted Funds Building Reserve $16.000 $16,000 $18,000 so $0 so Equipment Raw,ve 810.$200 810.000 i1Q949 ~4 i9 ~9 END OF Y84R FUND BALANCE $431.1" $204.722 $368.271 $235,276 $213,738 11,382,276 } NON-P.r<STRICTED FUNDS $403,1" 6148,722 $282,271 $235,276 $213,736 $382,276 f i wC QTY =COUNCI C 4 { i k.• , r 4~ I wr , # t r: mij f i Y W ~Q A .'y r . F Ip C/T1~ 0/~NTWo TRUS MUNICIPAL SUILDINQ / 216 E MCKINNEY / DENTON, TEXAS 78201 r ~ MEMORANDUM ± 'R •r 1 DATE, August 10, 1994 ' t 7 r TO Lloyd V. Harrell, City Manager z FROM: Harlan L. Jefferson, Director of Treasury Operations SUBJECT: DCAD PROPOSED BULGET ' J Attached is tha Proposed 1996 budget for the Denton Central Appraisal District. On 1 bf k July 19, 1994, R was presented to the City Council by Mr. Joe Forsythe from the F k, Appraisal district. The proposed budget contribution required from the City of Denton ay; Is $10,244 less than last year, (i.e., 1994 allocation- $1$9,812 vs 1995 allocation • i Y „ Please advise if you have any questions concerning this matter. cif t i t d; Atia0vmM AFFOOAFA . ro r. Y t ~ J >Y•I ✓ l 1 It ' 8111688-8200 D/FW M67RO 434.2528 " r. r r1011 ~ { tt\yppOCfVIEf\CEMiAP7E.REf agendaNo- - 71 { A genda) v We r g .20 RESOD TION NO- A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING THE 1994-1995 BUDGET OF THE DENTON CENTRAL APPRAISAL DISTRICT► AND DECLARING AN EFFECTIVE DATE 994-95 I osed bud before June et of A raiaEa istrictlwas submitted to thegCity oft Denton 151 19941 and WHEREAS, the Denton Central Appraisal District adopted this proposed budget In July 28 , 1994; and WHEREAS, the City of Denton has 30 dayyysng frca the adoption of approving or disapprovipppit; land District to the adopt a proposed ado WHEREAS, the proposed budget contains a list showing each roposed position, the proposed salary for the position, all benefits proposed for the position, each proposed capital axpendi- tore, and an estimate of the amount of the budge ORg at will bo allocated to the City'of Denton, Texas1 N+ THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVESi SICTI H _.LL That the City Council, pursuant to Article 6.06 of the Texaax Code, approves the 1994-95 budget adopted by the Denton Central Appraisal District. i r.CTION I=~ T1et this resolution shall become effective immediately upon this passage and approval. 1994. FA38ED AND ;APPROVED this the day of + j BOB CASTLEBERRY, MAYOR { ATTESTt JENNIFER WALTLRS, CITY SECRETARY 1 By r j APPROVED As TO MAL FORMS DEBRA A. DRAYOVITCH, CITY-ATTORNEY ~61 i 1 BY $ i ♦Y-Y. eC 0. 9 Agendalt ~-r-° Oaie - r .2 ad 4 Y 1 Y S I „ E isl Dist rict !'enton Central Appra Proposed 199,54, Budget t j 1 :5 } Z f 1 Y i AgendaNo Agendait DENTON CENTRAL APPRAISAL DISTRICT cane 3911 MORSE STREET P.O. BOX 2816 DENTO 8317 XAS 70202-2816 June 14, 1994 To The Denton CAD Board of Directors And All Taxing Jurisdictions Served By Denton CAD: The Proposed DCAD 1995 Budget is hereby submitted to the Board of Directors and the taxing jurisdictions served by DCAD. In accordance with Tax Code Sec. 6.05. the proposed Budgets Wn delivveredto all Meeting necessary parties uly 28th Boar. at the J by June 1 Sth. There will be a public hearing on the Proposed Budget The original 1995 departmental budget requests were for $3,077,911. There were several kerns n x"oved from the original budget requests. The Board opted to fund the most important Items from available fulls. The kerns to be Purchased from available funds are: a replacement roof at $100.000. a new telephone system at $35,o0d and an image processing system at $1 55.oo0. These kerns, which jowl $290,00W, will be paid for from a capital asset reserve that has been built over the years. These purchases will deplete the reserve. Both decreases and increases cawed ratable charges in the Proposed 1995 MO., as oompamd to the 1994 two fuMM4 Budget. Posk'onsar+4 elidecroams wers soccimplished by dosing the w~ minating the cwtraded building and grounds mainterancees serAoffice, cas for the Denton office. Inns :a w.AA*d from the addition of a maintenance employee. adding several part-time employees, and providing k for a 2.5% mark salary increase. The net effed of the lunges is an increase from the 1994 Budget of $41.122 or 1.7%. The very modest Increase shoA be well received when viewed In the short term. However. receM budgetary ' activity does not bode well for the taxing MUdiclions over the lag nun. OCAD Is simply not reoehving the annual funding required to operate tt* dbtrld. An organization can not continue as an effeWve ongoing entem itse If the organization spends rrnore funds each year than k reoelvos. During 1993 the district spent $263,000 on necessary aulomadon which benWs the jurisdid w we servo. Most of these funds came from the soil of tapes, copies, etc. We are now planning to spend $290.000 for Items that are necessary. These Items too will be funded prknaruy from sad of tapes. copies, etc. If we assume a 3% Inflation rate, and the district desired to accommodate the higher cost of doing business, the 1994 Budges would have increased by $71,344. Owe continue this topic for W. the Proposed 1995 Budget would pace with a 3% nation rate and 1% annual growth, he $4~ase bThus, ~e 1994 and 1995 In had kept om Increase would have been $193,103. Our increase for these two years totals $41,122. To fuller emphasize the point about allowance for growth, we need to visit the effective tax rote calculations. The effective tax rate worksheet removes new growth from the calculations. This is done so that when a taxing jurisdiction sets It's tax tale. the tax rate will generate 'new' tax revenues from new improvements that will be available to fund sarvicis caused by the new growth. Just as cities have to provide additional fire, polish and other services to new growth areas, school diatrtds have to provide new school buildings and additional teachers for new heat hands iof growth. The seam logic is the taxing jurisdictions. The Prfor oblem is thtat districts. Now growth dictates we are nol receiving the necessary share o these newts in the taxes to fund our required services due to the new growth. The next page of the Proposed Budget is a graph that reflects haw the appralsal district's budgets are not tracking I anion end , I Rogan Q~ r t Ilk 1 I DCAD BUDGET WITH INFLATION AND GROWTH i. 7 i ' 2,590.00 2,572,180 (A) r,. i 2,530,000 J r r ACTUAL iNFLATiaV 2,470.000 2,473,250 f r r 2,410,247 (B) 21410,000 r • r' 1, 2,378,123 r r , 378,126 1993 1404 199S 3(~ ' r (A) the $2,572,180 represents an assumed 3% inflation 6 1X annual growth. sents the Proposed 1995, Budget. (B) the $2.,419,247 rePre v ~M/I/MIMIYWI~IiIWMM AY rYl~Yn1~N O~IYM'~ 1 l y 1 ..qr r , gendaNo. ' E ~gerldalt 1 pit ' II DENTON CENTRAL APPRAISAL DISTRICT PAGE 5 do. o 11115 APPRAISAL OPERATIONS EXPENDITURES BUDGET AND COMPARISON TO THE 1994 EXPENDITURES BUDGET c ACCT ACCOUNT TITLE It% BUDGET 1"6 BUDGET j 5117 SALARIES $1,201,432 11,294,001 5119 SOCIAL SECURITY :FICA) $87,346 $89,870 5120 GROUP HEALTH INSURANCE $135,248 $128,075 S121 RETIREMENT (TCORS) $51,486 $55,994 5123 LONGEVITY PAY $13,380 $13,380 5124 AUTO EXPENSE REIMBURSEMENT $118,188 $118,186 5125 WORKERS' COMP INSURANCE $21,547 $22,053 5126 GENERAL INSURANCE $15,913 $15,913 I 5127 AUDIT $4,500 $1,750 f 5126 LEGAL SERVICES $70,000 $70,000 5129 OIL, GAS, HEAVY INDUSTRIAL, AND UTILITY VALUATION $21,750 $21,750 5130^t DEEDS; BALES; AND VALUE INFORMATION $31,106 $32,119 5132 PRINTING SERVICE $43,707 $43,207 3133 OFFICE SUPPLIES $42,136 $43.406 5134 FURNITURE i EQUIPMENT $25,209 $43,317 5135 OFFICE EQWPMENT MAINTENANCE $0,200 $12,074 Sl31s DATA PROCESSING MAINTFAII CE $85,994 $65,994 5137 MEMBERSHIPS, SUBSCRIPTIONS 6 DUES $6,196 $7.713 6136 TRAINING • SCHOOLS, CONFERENCES. AND TRAVEL $23,688 $31.085 5139 POSTAGE & FREKW $67.088 $57,068 5141; LEGAL N01XES 8 ADVERTISING $4.000 $4.000 6143 ELECTRICITY. WATER 6 SEWER $31,920 $31.920 6145 TELEPHONE $31,035 $20,310 5146 BUILDING 6 GROUNDS MAINTENANCE $35.140 $15,631 6148 APPRAISAL REVIEW BOARD $4680 $22.680 $132 CONTINGENCY $30.000 $35.000 $153 BUILDING & LAND PAYMENT $59.066 $59,066 6154 BUILDING d LAND IMPROVEMENTS $19,060 $21,000 $155 MISCELLANEOUS $6.805 $6,605 l << 5166 OTHER ASSETS $700 62,600 TOTAL $2~ 37 4e' s 21 ` I r t I PAGE 8 j agerniaN0 9 ' Ap Walt h t)ete ~ I• ' DENTON CENTRAL APPRAISAL DISTRICT f M DUDGET - SUMMARY OF 1 $ ESTIMATED REVENUES AND EXPENMTURES AM COMPARISON T4 THE IMo E1/OGET 1!y ClAiiIFICATWN 1144 r, BUOOEt 811D0E7 REVENUES FUNDING FROM JURISDICTIONS 1 1 S2,35e,125 52,411,147 INTEREST ON iNvEsTMENT6 $7sao e r h TOTAL REVENUES S2,378,`125 f EXPENDITUREEt TOTAL AUDOEtEO EXPENDITURES uL~ 3i jps 247 "'J r± 1 1, I 'N 1 `h . 1, ryas i l 1995 APPRAISAL OPERATIONS BUDGET ~Q8(Id8N0. EXPLANATION OF EXPENDITURES, AgSradall ` INCREASES AND DECREASES ~ttl 10-9~/ _ 1995 1994 INCREASE OR CLASSIFICATION BUDGET BUDGET DECREASE ACCT / 81 11 • SALAFUES $1,294,007.22 $1,251,431.73 $32,573.49 i d THERE ARE 47 FLLLSIME FiD8fTI0/q M4 flE tM BUDGET. W404 REPRE SERA'S A DECREASE OF 1 FtXL•TIME PMTICN PRIMARY ELEMEMS OF THE IM SALARIES BUDGET ARE AS FOLLOWS (1) AN DENOTES A NEW 71EM M CNE FLU-TWS WHEW "POSITION WAS ADDED (1111M0 APPRAISAL SUPPORT POSITIONS WERE ELIMNATEO (41 I VERAL PART-TIME POWTIONS WERE ADDED . . I (S) TWRE 11 A F S% MERIT POWASE FOR EXISTINO PERSONNEL P) TPMREE APPRAtM SUPPORT EMPLOYEES RECEIVED A SALARY 1 i. ADJUSTMENT TO 61 P.M I fl ~ i CURRENT EMPLOYE ES' SALARIES 11.240,027.22 'FULL-TIME BUILDINO MAINTENANCE EMPLOYEE 115,000.00 PART-TIME APPRAISER FOR CL'WMERCML PROPERTY $10,000,00 y I PART•TO,IE CLERICAL FOR PERSONAL PROPERTY 13.009.00 PART•TW FILE CLERKS, 2 EA RESIDENTIAL 111,500,00 , PAAT•T44E CLERICAL, 2EAM6iDOaK 51.9m.00 'PART•TWE HOUSE WDALERS', 2 EArR9SQENTLAL " 11o.woO ' 'PART-TIME EMPLOYEE FOR APPRAISAL SUPPORT $11520.00 'PART-TIME EMPLOYEE FOR LAND DEPT. _ 000.00 TOTAL SALARES • ACCT / 6117 X51 294007.22 ACCT / 8119 • IOCIAL BECURTTY IF1Cll) 40!,440.73 p7,34410 52,623.33 fi•'" '..i(tFlDneuuoETrrEMalP~roFT►EEMPLOYEEr TOTAL nu -ACCT/ 5119 550,550.73 f IACCT / 0120 GROUP HEALTH MURANCE $126,075.00 $135,247.54 ($7,172.81) ofOROIPPdA tH"PMLN"axmI MFOREMKO46SOM.Y THS AAWOJ1AL DSTWT WEI NOT PAY FOR DEPEPOE W9 M♦URANCE M ANIAIAI W Ml6 FOR 41 EMPLOYEES FOR ISIS IS iBTIMATED roe6 I2.T'2S 00 PEREMROYEE THE A50'vE IAICIM REPRESENTS A DECREASE PER EMPLOYEE FOR l4KTH ~WlURANCE 1 TOTAL HEALTH oduRANC4 • AmT / 4020 11126,075.00 rACCT / 4121 • RETIREMENT (TCDRI $54,994.24 $81,44124 $4.605." TfE MOM MENT FPVENSE 6 4 34% OF GAM PAY FOR ALL f FULLnME PERSOi4L if TOTAL RUMMENT • ACCT 16121 556,994.24 j j f~ ~ l 5 1995 APPRAISAL OPERATIONS BUDGET ~BAC8N0._ ! ~Z EXPLANATION OF EXPENDITURES, AQ80d8I( .r-7s i { INCREASES AND DECREASES Oats Iffe j 1 1993 1994 INCREASE OR CLASSIFICATION BUDGET BUDGET DECREASE ACCT S $123 • LONOEVRY PAY =13,380.00 }43,380.00 $0.00 4 EAON E MPLDYE£I LONOEV1IY PAY LS 14 PEA MONTN FOR EACH YEAR OF SERVICE TOTAL LONOEVITY PAY • ACCT a 1123 $13,39000 ACCT a $124 • AUTO EXPENSE REIMBURSEMENT 511/,1aS.00 $11d,1a8.00 50.00 TMI BUDDET IM Y IS TO OOYPF:4ATE EMPLOYEES FOR 11E i UK OF TERPWVA7ELYOWAEOVEWCIESUSED"#4 714 PiWMAMICE OF "R RESPOWBILmEE ~ rotALAUroRUIMLRatmr•AOCrn1II 511a,tee.oo , I ACCT 8x124 • NIORKERB' COMP R4SURANCE $22,oa3.3a $21,607.30 1348.08 T,./ AOOClAY1 PII&MI VMORMFJti COMP MIAIANDE 004ERAOE TOINE EYPL0"M r TotAt.wDRics:Rrcowr•ACCTa11a f2zaa1.36 j ' ACCT S H2S . MNEML. INSURANCE 'r $1a,o/3.oa $1e,o13.0o w.oo j 114 o"PAI #".A= 9UDOET rtEM n h~LT. OOiE#I/EDOf 11E FOl10WM4 ' I (1) SU0.O1140. CONTENTS, ETC. }1,641.00 M BOW COMPUTER EOUIPME ENT 1109.00 SZ802 00 (4) PUBLIC OFFICIAL LU10N.ITY 5410000 (S) VALUABLE PAPERS 311300.00 (6) EMPLOYEES D154ONESTY BONDS 156000 (7) NOTMY REOISTRATION $251.00 t + TOTAL OENERAL WSURANCE • ACCT I SI16 f 1 S 913.00 F r ACCT f 1127. AUDIT $4,110.00 14.500.00 $250.00 JiJ TNNkOMITEM a9ERlO00WASEDAWICR I + , ' I AVOLM W404 REFLECTS A WAIONABLI INCREASE I TOTAL AUDIT • ACCT 81127 $4,750.00 : I ACCT I N2S • LEGAL SERVICE $10,000.00 110,000.00 $0.00 j. ~ 1MIBUODfTREYIICI4ARDE0FORAlIIEOAIEXPENSEI Ij ANIMATED "OEFE1CMgVALUES TOTAL LEGAL SERVICES • ACCT S 112} $70.00000 .....E I 1995 APPRAISAI. OPERATIONS BUDGET 4QB0Q3No 9y E•1o I EXPLANATION OF EXPENDITURES, Ageadall INCREASES AND DECREASES X18 I 1996 1994 INCREASE OR CLASSIFICATION BUDOET BUDGET DECREASE i a ACCT i 6129.Oil, GAS, OHO UTIUTY VALUATION $21,750.00 1211760,00 $0.00 ` TIE BUOOET A4110" FICA TT S LM ITEM 15 KM OUDOETIO , i ifE SAME AS 1934 INS ITEM a OONTRACTEO RA A TWO YEM PERM AND WU BE RE 4BID FOR 7906 AND In? TIE 1995 CONTRACT a FOR 121,M0 i TOTAL VALUATION SERVICES - ACCT / $129 $21,750.00 I F ACCTS 6130 • DEED, SALES, AND VALUE INFO $321116.79 $31,100.49 $1,012.33 • TW WADI ITEM a 00WA SED OF 11E PRIMARY SOURCES OF VAUC MFORMATX N TOTAL VALUATION SERVICE! - ACCT # 1130 $32,116.79 • a T 06132 • pItlMTINp IRVICl1 ,-$43,20/ 63 S"'701.00 : ($6 AT) TIM ACOO" a CHAAOEO FOR AU ITEMS THAT ARE PRIMED i - 10TA11Ltl1111AI0 • ACCT / 113$ $43,200.53 ACCT 0 6133 - (WFICE SUpp11U 143,406.83 142,13518 14,270,Os oPF~cE BUPVLr wOOEr a aoN~vRIaEOOF ErrEreEe ' POOUTAEO FOR IRADMOW OFFICE * @MY AIMS . TOTAL OFFICE SUP"11-ACCT it 1133 $43,406.83 ,r ACCT 09134 . FURNITURE S EQUIPMR µ3.317.00 125,201.80 $16,106.20 THa wocEr 4EL'TK1N a gVbEO M DEPAR7MEM M ASSET MiIEOUIE APPEARS AT TIE EAO OF TIE BUDGET I 1, , TOTAL FURNITURE I, E4LWkt T -ACCT $134 $41.311,00 I ACC 08138.OFFICE ECWPMENT MAINTENANCE $12,074,00 $8,200.00 $2,874.00 t , . If , • i~:' 11APRENANCE OF ALL OFFICE COL O" EriCEPT FOR TIE PEIIIONAL COMP{RIRS. TE PRIWRY COMKMPI t ANDCOWVMRPC$tPWJ1ALCEVOOE$98OWgEOTO T43 A000UW TOTAL OFFICE EOUW MAINT • ACCT N 113$ $12,074.00 .:Y ~ I J6W gendaNo ~y-~ 1D6S APPRAISAL OPERATIONS BUDGET PAGE W Z-0 I EXPLANATION OF EXPENDITURES, lpendalt INCREASES AND DECREASES 14tP I } CEASSIfICATION 1605 1664 INCREASE OR BUDGET BUDGET DECREASE ACCT S 5136 . DATA PROCESSING MAINTENANCE SSS,9B410 SS6,96< 20 10.00 Tw5 A000" IS OOMMSEOOF BOfli DATA PROCESSNO WROWARE AND SOFTWARE MAMENANCE SON REMS ARE CWAW0TOTN!A000UNTSOTHAT of TOTALOCat Of DVA PROCESSNO WILL K SHOWN IN Cf* A000L#jr W NAROWARE RELATED: 1. (A) MAINFRAME RISC WW COMPUTER, WIUNIX OPERATING SYSTEM, IBM MODEL 360 (B) UNIX OPERATWO SYSTEM 113,000.00 (C) UNNSRSE PICKAINO( CONVERSION 1173.20 2 W 1200 LPM SHUTTLE MATRIX PRINTER 13,175.20 PRINTRONIX (13) 12M LLPM SIKIE LMATRIX TRRINTER, i2 312.00 PRWTMW MODEL PM Z (C) 600 LPM BAND PRINTER S2 31200 PRWTROMX MODEL PeQ7 ' (D) 300 IN PREYTRONIX PUNTER 12 snob (E) 300 LPL( PRWRONDI POWER TERMINALS S1, m00 1. VARIOUS WIRDWA RE CONNECTIONS. CABLE AW MOMG EQUIPMENT 6. PC MAINTEIiMICE 11,300.00 e. UPB EQUIPMENT MAN REMAKE (EPE) W'M0'00 %12a.oo (4) 80nWARE RELATED 1. CONTRACT MAINTENANCE (030FTWARE GROUP) i2e,e16.00 2 DESIONATEO PROOPAMMIHO EXPENSES Ie,3e0.00 3. TRNNINO ON USE Of SYSTEM 11,60.00 1. MICRO COMPUTER PROORAMMNIO SI,300.00 S. VARIOUS PROORMAMINGci,M ES S1 .0000 TOTAL DP W WT -ACCT f 5176 -mmwN4 ACCT 0 SU7.1NEMdLND(11PS, SUM a DUE _ $7,713.41 SS,10S.18 (N63.00) TW AOOOLW ra owiAOfO PCR AlL wemaRSMP" p r R ' i ANf)!l lSCMPT10fA TO EDUCATIONAL MEIXIA 11FOR RIMS . NOT APPLICABLE DV A:CAY TO A DEPARTMENT ARE CNARDEp 4 aP, u TO THE AOWNSTIV.fM DEPA"MEM MTFVA r jM "tM! !r'' "r CNMOEOM rP*rADEWARTMWrMTAMNOTdWlpEASI,ETO A PARTOAAR EMPLOYEE AM 00POEo TO fl4 DEPARTMENT T EAO ' i TOTAL MEMBERBINPS, SU86 A DUES -ACCT 107 S7,713.A5 r ,ea 1 A'tlM 4g1995 APPRAISAL OPERATIONS BUDGET BOO1N,0„!p 'G~ 11 0 P .16 r EXPLANATION OF EXPENDITURES, ~3Ai(p11~ INCREASES AND DECREASES Date 1995 1994 INCREASE OR CLASSIFICATION BUDGET BUDGET DECREASE ACCT r 3131. TRAINING • SC1i00LS, CONFERENCES $31,065.06 123,686.31 17,98,69 ` 8 TRAVEL INS ACCOINT N OvAcAo FOR ALL EDUCATIONAL REUSED T'RA"4AICTRAVEI, i I`RlVS TO AUSTIN TO PROTEST I ` . ' THE STATE IftPUM TAX 80* %VALUE F0043S ARE ALSO CHARGED TI) THIS ACWUNT TOTAL TR WNG -ACCT 6 $131 33'. ,OBF.00 I_ ACCTiI l • POSTAGE i FREIGHT $67,068.00 1671066.00 $0.00 TH! BUDOEr ITEM N OOMPRISED OF TIE FGl1.OVM1 . 0) REAPPRAISAL MOTU$, WHICH ARE IMILED TO ALL 1, PROP1'ATY OWNERS AND AGENTS ON MAY 1ST. r t k w 108,0011 NOTX:E3 0 $21 EA $16.41X ~X► M GENERAL CORRESPONDENCE, WHICH INCt,UOEa LETT"S 6 PACKAGES sa,000 ;m j i 4 (3) MOKEU'ENTALVALUEE NOTICES WWHARE SENT APPIK XIMWTELY 0 TOM ° 1,813 /NOTICES 01.48 EA $978.GS 1 ` (4) CERV IED NAIL FOR A" ACTIVITY OOO.O'J t r 161 LETTEfia SOUVTIAO SALES WFORIAVION $2A00011 (b) $CNOM CHEW TO PAY BILLS $800.OL w rti POST/AE MAcHHE RENTAL $646.00 ' R t ($I POSTAGE BOX RENTAL (2 EA Q $310) 5980.00 R POSTAGE MACHK MAINTENANCE $180,00 e t"I . (Wd NEYVSIETTER $1,110.00 t v (11) OTHER MAXJWI$ $3.172.00 i 1 T014LL OW TAO! 6 ►REIOIIT • ACCT 61131 10.06 A r e161 • LEGAL NOTN:EB r $4 ADVERTMNO OO6.oo 1!,000.00 THA AOYW IS CHARGED FOR ADVERMkt'W$ IN Pill APER! C*41!4IM4 E%EM"CN W►1ER6 0U01 AS HOMESTEADS, OK946, DISAkED VETERANS, ANDPROOUCjr4n VALUAT IDN MATTER! j OrERAOVERMMMHAVE T000MNAPPRAISAL REVIEW V NOT"$. MWCEU.AIEOUS CLASSIFIED ADVE TW4, AND INWATKM TO 80 TOTAL LEGAL.110TICES 6 ADV. • ACCT r 1141 $4.000,06 I I' ACCT r 5143 • ELECTRICITY, WATER B SEWER 131,920.18 $31,920.15 $0.00 THIS BUDGET ,TEM IB FOR THE DISTRICTS cay PROVIOEO UTILrTES TIE SUOGETED AMOUNT IS REMAM4 W SAME TOTAL ELECT, WAT&4 6 OEWER • ACCT 6 $113 331,920,15 I I 1 b~ Ap6ndaNo. .Oa~ 'y 199S APPRAISAL OPERATIONS BUDGET Apend2.He P E u EXPLANATION OF EXPENDITURES, INCREASES AND DECREASES Qt(A _~31 1J 1996 1994 INCREASE OR CLASSIFICATKKI BUDGET BUDGET DECREASE ACCT a161a -TELEPHONE l $20.539:10 $31,036.30 (610,406.60) P4 CLOWA CF TK LEWWO LE WOE IS REM CMO TElIP NE EXPENSE. (1) LOCAL LINES • DENTON 66680004 84.642.06 (2) METRO LINE • OENTON 6434-0018 $2,291.40 (3) METRO LINE - DENTON $4342602 34,01*00 (4) LONG DISTANCE CALLS iS,400.00 (S) CONTRACTEO MAINTENANCE 82.29692 (5) AT&T LANGUAGE INTERPRETING LINE 830000 (7) MISCELLANEOUS TELEPHONE EXPENSE $253.00 (5) LOCAL OIRECTORICS 325130 TOTAL TELt/1WNE - ACCTS 6146 820 339.70 i ` ACCT f $ta • OULD04 & OROUNDB MAINTENANCE 315,831.00 $4140.00 ($/9,309.00) a , 1N6 Kwo aim co11o11NEe ALL KKI)m AM OilW" MA001NAMM AT 6011E FONT' N TFE WM FUMNE Tull[ ML KAYE TO K 0MI M AL Fua OPEN1 Ck FIEwAa+o x'L, a Pray or, + ° ! THE AN 001CMONNO UNMI r' tK6 AOOOUM 0 *04 L&IEMEO BECAUSE A FULL•TYE MAI4T9A%X* EMPLOYE! a 6E90 YIAOETEJ 11) BUILDING MAINTENANCE 318,031.00 ('J) GROUNDSMAIIITENANCE i800.oo r ° r TOTAL OLtA & OROUNDO MW - ACCT 0 6140 SI 8=1 ACCT 4) 5148 -,APPRAISAL AD" BOARD $22,!80.00 W 680 00 i0•QO T►y HOOEY REY 4 GWl0EO FOR PAYME" TO pU4M101HE YANDMIEO VALUE 0A YEWK" FOR "K t (I) MAY, JUNE AND JULY MEETINGS $18.00000 (2) FOUR SUPPLEMENTAL ALL C %Y MEETINGS 82.660.00 (3) FIVE SUPPLEMENTAL HALF GAY MEETINGS 81500.00 TOTAL APPRAISAL R & ' V M E M Y BOARD - ACCT O i l N 8 660,00 I ACCT A $182 - CONTINOE4-Yj $36,000.00 $50,000.00 16.000.00 TMs AOOtXAV116 FOR UNANTO.FATLO EXPENSES TO1r1. CON tOKWACY - ACCT 4 $162 836,o00.00 fir..: Yx 1 Fw C062/0 I"S APPRAISAL OPERATIONS BUDGET Venda No, ~ C062/0 P 191! Is 'p G I EXPLANATION OF EXPENDITURES, 4gendalte~'' 1 INCREASES AND DECREASES A 1995 1991 INCREASE OR CLASSIFICATION BUMET BUDGET DECREASE dt, ACCT 0 SM -BUILDING a LAND PAYMENT 359,019.00 $59,099.00 $0.00 TNa MY10M(f u CHARGED Fdt t/E vArME►Irs oN TE , APPR M O~SiRx76 &A OM Afro LAND NDTE FOR TIE DEMON OF " s TOTAL BLNLOINO A LAND PAYMENT • ACCT 6110 Won 00 i ACCT aM 6181. BUILOINO t LAND IMPROVEMENTS $21,000.00 $1Y,6T9.69 $020,31 I j THE kXXWT 4EM q CIMROEO FCR VAAKMI OU49M "LANDIWOMMEMS { (1) STORAGE BUILDING • ADO PARTIAL 2NO FLOOR 512,000.00 (2) LNO$CAPM MPROVEMENTS $3.000,00 (3) IMPROVE DRIVEWAY TO STORAGE BUWM0 oo0.00 ` f , a.r, TOTAI HLDO r1 LANG Mfr ■ACCT 6 HM 321000.00 ACCT i e1S6 - M3$CELLANEOUG "Mom $606.09 $0.00 J ITtf16 TMT wiu rat of mu MI Awmm CA7EOCR1' (1) BANKSERVICE CI(AROE sm.00 (2) FILM & FILM PROCESSM $4.400.00 (3) MISCELLANEOUS $1,00D W (4) COFFEE CUP$ $160.00 ~(5) AEIMOUR04 UNCMPIOYMENT $4.000.00 (6) SAFE oEPOa1T BOX F01 COMPUTER TAPE$ r $120.00 ~ s ! 7rY TOTAL MNCEI LA OM - ACCT 0 IM 0) 't ACCT b l'I/6.OTHEIt AtSE S2,000.00 $T00.00 $11900.00 rea AO=Nr 18 VSEO TO RIRQWE I/WOR A"US ` i TOTAL OtWAAl4 M•ACCT$NM 6200.00 f 1 r i `I f i , Vend9No. .0 , DENTON CENTRAL APPRAISAL DISTRICT Vandaltern PAqE 14 1- 1915 APPRAISAL BUDGET ALLOCATIONS WORKSHEET,)a1e "ALL FIGURES ARE ESTIMATES" % OF DENTON OUT OF 1995 1993 TOTAL COUNTY COUNTY BUDGET .JURISDICTIONS TAX LEVY LEVIES CHARGES CHARGES ALLOCATION SCHOOL DISTRICTS: Sol ARGYLE ISD $2,554,132,02 1.242% $29,019 $29,010 602 AUBREY ISO $1,225,909.46 0.596% $13,925 $13,928 SOS DENTON ISO 136,722,90247 17.852% $417230 $417,230 kk SOT KRUM ISO 11,273,548.39 0.619% $14,470 $14,470 S08 LAKE DALLAS ISD $4,152,436.63 2019% $47,178 $47,178 SOO LEWISVILLE ISD $66,970.101.97 32,555% $760,886 $760,886 SIO LITTLE ELM ISO $1,635,299.88 0.795% $18,580 $18,'580 S11 NORTIIMIEST ISO $11,248,904.98 5.466% $127.805 $81,093 $188,898 S12 PILOT POINT ISD $1,779,492.30 0.865% MAI$ $13,152 $33,370 $13 PONDER ISO $724,109.00 0.352% $8,227 $6.217 S14 SANGER ISD $2,399.534.43 _ 1.167% $27,264 S27A64 SCHOOL DISTRICTS TOTALS $130,686,492,02 63.829% $1.464.804 14 IS $$,550.040 1 001. DENTON COUNTY $30.626.77922 14.886% $347,966 $0 5347.968 h CITIES: ON CITY OF ARGYLE $243050.86 0.118% $2.766 $2,766 C01 CITY OFAUBREY 593,049.33 0.045% $1,057 $1,057 C31 TOWN OF SARTONVILLE $80,127,66 0.039% 1910 solo C03 CITY OF THE COLONY $4,301,064.08 2.001% $48.867 $0.447 C04 TOWN OF CORINTH $191.990.06 0.365% $8,996 ss,m C21 TOWN OF COPPER CANYON $64,004.45 0.031% $727 $727 COS CITY OFDENTON $14.044.520.74 8.827% s1se,56e $150,568 C30 CITY OF OOUBLE OAK $173,622.36 0.084% $1,073 $1,973 COT CITY OF FLOWER MOUND $4.677,855.77 2.214% $53,146 $53,148 022 TOWN OF HACK13ERRY $10,503.04 0.005% $119 $119 C19 TOWN OF HICKORY CREEK $256,315.44 0.125% 92,912 $2,012 ! COS CITY OF H10HLA' A VLO $2,431,010,07 1.182% $27,620 $27,620 COO CITY OF JUSTIN $118,877.61 0.058% $1,348 $ 1348 018 CITY OF KRUOERVILLE $31,630,86 0.015% $382 1382 i CIO CITY OF KRUM $78.798.61 0.038% sees C11 CITY OF LAKE DALLAS $459,665.02 0223% $5,223 $5.223 025 CITY OF LAKEWOOD VILO $21,452.91 0.010% $244 $244 j C12 CITY OF LEWISVILLE $11,056,41241 5.375% $125,618 $91 $125,709 C13 CITY OF LITTLE ELM $144,348.26 0.070% $1,340 $1,640 E C23 CITY OF MARSHALL CRK 56.689,87 0.003% $76 $78 033 TOWN OF NORTHWCE $51.631.83 0.025% $587 $587 C24 CITY OF OAK POINT $73.805.13 0.036% 5839 u$830 . C14 CITY OF PILOT PONT $433,645.41 0.211% $4.929 $200 CIS CITY OF PONDER $18,032.16 0.009% $205 C17 CITY OF ROANOKE $358,415.23 0.174% $4,012 $4,072 CIO CITY OF SANDER $339,849,24 0.163% $3,016 $3016 C26 CITY OF TROPHY CLUB $711,637.16 0.346% $8.065 $8.065 $486 CITIES TOTALS $41,068,645.55 19.964% $4HAN ~ 391_ .695 j 4o1G - igendaNo.. of DENTON CENTRAL APPRAISAL DISTRICT IgBAdal RL,,PA • 1a 1995 APPRAISAL BUDGET ALLOCATIONS WORKSHEET ' wr 'A ^A "ALL FIGURES ARE ESTIMATES" ate ~e 7-- % OF DENTON OUT OF 1996 193 TOTAL COUNTY COUNTY BUDGET JURISOICTIONE TAX LEVY LEVIES CHAROES CHAROES ALLOCATION SPECIAL DISTRICTS: W04 CLEARCREEK WATERSHED AUTHORITY $17,633.96 0.009% $203 $203 W07 • CORINTH MUD 3236,015.96 0.125% $2,932 $2,932 ' F01 DENTON COUNTY FIRE DISTRICT $32,661.73 0.016% $311 $311 1.01 DENTON COUNTY LEVY WHOP MENT DIST 01 $230,64510 0.112% 52,620 $2,020 I WOS DENTON COUNTY MUD 02 $511,915.11 0.263% ".Is? 36.1 S7 RUD DWON COUNTY ROAD a UTILITY DISTRICT 01 $1,536,063.77 0.746% $17,475 $11,416 W03 TROPHY CLUB MUD $704,259.11 0.342% $6,002 $214 $0,219 1 W06 LAKE TURNER MUD $372.46 0.003% $61 $61 smC1AL DISTRICTS TOTALS $3,326,$43.64 1.616% 331,621. 14 536,035 GUANO TOTALS 5206 7101113.63 1ce.00ox j 3Z>' 1N 14 660 411141 t ~ ~1. 1J . r t tint !i I E f l r w.G nt f Venda No, j CAPITAL. EXPENDITURES AgendalteeE-1a~k,?o ► Oate _ DEPARTMENT DESCRIPTION QTY, PRICE TOTAL x' DEPT.1 - ADMINISTRATION DEPARTMENT ASSETS A (A) TV. VCR 8 CAMCORDER 1 $1,400 $1,400.00 (B) FILING CABINET, LEGAL SIZE, WILOCK 1 $100 $300,00 (C) PERSONAL COMPUTERS, WITH SOFTWARE 2 $2,500 $5,000,00 (D) PERSONAL COMPUTER 24 PIN PRINTER 2 $900 $1,800,00 ` (E) TAPE BACKUPS FOR PC'S 2 $500 $1.000.00 I TOTAL ADMINISTRATION DEPARTMENT ASSETS $9,500,00 DEPT. 2 - COMMERCIAL. DEPARTMENT ABBEYS FILM CABINET, LATERAL, 4-DRAWER. 42' W, WROCK 1 $500 $500.00 (8) FILING CABINET, LETTER SIZE, 4-DRAWER, 20.54 D. WILOCK 1 $280 $280.00 (C) FILING CABINET, LETTER SIZE, 2-DRAWER, 25"D, WiLOCK 1 $176 $178.00 (0) PERSONAL COMPUTERS, WITH SOFTWARE 2 $2,500 $5,000.00 (F) LASER PRINTER 1 $1,500 $1 ,500.00 JiAAP, STORAGE CART W9- Im-00 TOTAL COMMERCIAL. ASSETS $7,656.00 1 DE►T. 7 • PERSONAL PROPERTY ASSETS W PILING CASIN'ETS, 4-DRAWERS, WA.OCK 1 $175 $17s,00 ti . C(0) WORKTABLES 1 0100 $100.00 1 $200 $200.00 TOTAL PERSONAL PROPERTY ASSETS $475.00 DEPT. 4 • RESW*lVL PROPERTY DEPARTMENT ASSETS W PERSONAL COMPUTER. WITH SOFTWARE 1 $2,500 $2,500.00 (B) PERSONAL COMPUTER 24 PIN PRINTERS 2 0900 $1,800.00 (C) TABLES FOR COMPUTERS R PRINTERS 2 $50 $100.00 (D) CHAIRS 2 $350 $700.00 ' TOTAL RESIDENTIAL PROPERTY DEPARTMENT ASSETS $5,100.00 DEPT. $ • DATA PROCESSING DEPARTMENT ASSETS k (A) TERMINALS 12 $405 $4,060.00 (9) DUAL PORT TERMINALS 2 $500 $1,000.00 TOTAL DATA PROCESSING ASSETS $5,860.00 I _ ~pendaNo.9~'~ CAPITAL EXPENDITURES 4gendaIt - t O date - - _ jl DEPARTMENT DESCRIPTION QTY. PRICE TOTAL DEPT, 6 • APPRAISAL S IJPPORT DEPARTMENT ASSETS ( I W r LATERAL FILE CABINET, 4 DR. W/LOCK 1 $560 $580.00 (B) HEAVY DUTY TABLE TOP LINE PRINTERS 3 $3,000 $0,000.00 TOTAL APPRAISAL SUPPORT ASSETS $0.560.00 I DEPT.? • RESEARCH a TRANSFER ASSETS t j W DRAFTING STOOLS 3 $172 $516.00 (6) MICROFILM CASSETTE CABINET 1 $750 $750.00 TOTAL RESEARCH a TRANSFER ASSETS $1,?b6.00 f NOT. 1 • LAND DEPARTMENT ASSETS LATERAL PILING CAIWNE~T,~ 44 DRAWER 1 $S00 $!100,00 ~ vY .000 Y SONArCOMPUTIM'..I I H SOFTWARE' .1 $2IW5W $$500M $2,5W ~ Ile 0 (C) PERSONAL COMPlJ7ER 21 PIN PRINTER 1 $00 00,00 TOTAL LAND DEPARTRE.1fT ASSET'S 13.90000 TOTAL CAPITAL EXPENDITUMS $43,317.00 0 0 y; a;. E f r t t ',1 r . j 1 { 1 l 7 apendaNo SALARIES SCHEDULE Agendalte 0 4' Date g. I 1996 ' TITLE SALARY e ADMINISTRATIVE DEPARTMENT: ^1 CHIEF APPRAISER $62,256.28 DEPUTY CHIEF APPRAISER $50.673.90 DIRECTOR OF ADMINISTRATION $49,171.36 r AOMiNISTRATIVE ASSISTANT $31,316.26 RECORDS MANAGER $26,135.74 SUPPLEMENTS d AGENT FORMS MANAGER $30,300.03 I MAINTENANCE EMPLOYEE $16,000.00 I COMMERCIAL PROPERTY DEPARTMENT: APPRAISAL SLOPERVIMR40MMERCIAL PROPERTY $43.381.01 SENIOR COMMERCIAL APPRAISER $3,968.38 COMMERCIAL APPRAISER $24.242.73 COMMERCIAL APPRAISER S".515.14 COMMERCIAL APPRAISER $24,242.73 INFORMATION SPECIALIST 6l8,04L9S COMMSACIAL•APPRAISER (HALF TIME EMPLOYEE) $10.000.90 LAND DEPARTMENT: APPRAISAL SUPERVISOR • LAND $46,227.80 SENIOR LAND APPRAISER $32,219.16 LAND APPRAISER $26,797.08 FILING} CLERK (PART-TIME) $2,000.00 PERSONAL PROPERTY DEPARTMENT: APPRAISAL SUPERVISOR-PERSONAL PROPERTY $39,135.43 SENIOR APPRAISER-PERSONAL PROPERTY $3,327.62 PERSONAL PROPERTY APPRAISER $2,170.90 PERSONAL PROPERTY APPRAISER $25.251.85 INFORMATION SPECUILIST $17,669.30 APPRAISAL ASSISTANT (PART-TIME) $3,000.00 F RESIDENTIAL PROPERTY DEPARTMENT: APPRAISAL SUPERVISOR-RESIDENTIAL PROPERTY $39,694.35 SENIOR APPRMSER•RESIDENTIAL PROPERTY $29,005.39 I RESIDENTIAL PROPERTY APPRAISER $24.716.63 RESIDENTIAL PROPERTY APPRAISER 624,250.96 RESIDENTIAL PROPERTY APPRAISER $20,616.14 RESIDENTIAL PROPERTY APPRAISER $24,242.73 RESIDENTIAL PROPERTY APPRAISER $19,846.16 i RESIDENTIAL PROPERTY APPRAISER $16,763.63 $15,238.04 APPRAISAL SUPPORT CLERK INFORMATION SPECIALIST N7,669.30 FILE CLERK, 2 EA. (PART-TIME) $1,600.00 SUPPORT CLERK, 2 EA. (PART- VIME) $1.929.00 HOUSE SCALER, 2 EA. (PART-TIME) $8,640.00 I low- ~I SALARIES SCHEDULE PAGE 19 , 1995 TITLE SALARY tl; APPRAISAL SUPPORT DEPARTMENT: APPRAISAL SUPPORT MANAGER $43,361.01 APPRAISAL SUPPORT CLERK -11 :20.033.38 APPRAISAL SUPPORT CLERK • 1 $17,890.84 APPRAISAL SUPPORT CLERK • 1 $17,890.84 APPRAISAL SUPPORT CLERK • 1 517,890.84 APPRAISAL SUPPORT CLERK • 1 $17,890.84 I RECEPTIONIST $1$.559.39 FILE CLERK (PART-TIME) $1.820.00 I DATA PROCESSI KI PERSONNEL: ' DATA PROO.cSSING MANAGER $42,096.07 SENIOR INFORMATION SPECIALIST $23,1118.59 MICROCOMPUTER SPECIALIST MASS.83 RESEARCH A TRANSFER PERSONNEL: i ' MWARCH ♦ TRANSFER TECH. III ,580,!88.91 SENIOR RESEARCH & TRAINWER TECH. II $21,807.10 RESEARCH i TRANSFER TECHNICIAN 1 $16,357.75 RESEARCH i TRANSFER TECHNICIAN I 518,357,75 RESEARCH l TRANVER TECHNICIAN I $17.8!8.90 RESEARCH d TRANSFER TECHNICIAN 1 $15.724.20 TOTAL $1.2%.00722 j I F I Ap*f D$ I Q ~G 1 R I . t tits BUDOEYIbm W Y SURVEY rAOE t0 DN211" % OF MIN PAkX y Sunk R"ft KON MAX LEVY LEVY WOT 'NOT n rwnpo a~ 1 1 WI 0% 20% 30,MG,T?9 22- f Cos Cy of D«ton CIM pow on an romp of 4.6% Io npb}w 004 4.8% 49% 14,044,510.74 10,1" 0.$41 0408% CO? Tows of Flww Abed Cad a(mV e4mb d (oak) • 2.5% ON 26% 5.0% 4,anos,77 3.377% O OW% 0, I0W% Mat pq bood an AMA • 2.5% 0,001 % 0004% on Cty of Artlin 5%, +orwo eK+dpd 93W 6.0% 6.0% 11!.677.61 0006% A&W N bkrrd 3%S% OW 10% 6.0% 76.79641 0.067% 0 CON 0003 CFO Ck of Mn % c1F "of LamD1MO MMn oowy 3% 9394 310% 469,006.92 0.377% 0.01aI 0010% c,2 CydUloElm 64kryYwina-01% 9304 0.0% 0.0% 114,346.26 0.104% 0,000 , 3000% • C14 C4y of PM Pdnl 5% Yr/w4 Ar it 01,q o 93W ¢0% 6.0% 433,646.41 0.313x 0.0 t!I , 001 6% C* of Roa+aM OW nd Moots Ir Io 034N 0.0% 0.0% 366,416.23 Qkl6'k 0.41 11" 0000% 1 t, . N I 0,000% X t Ct 1 C19 Taws d M1cbry Crrik SM ~M! of Lov O W d.0% 5.0% 26,315.44 0.416% 009 CIO Tom a MW" Croak madworm A1Li ^ 36,73 to 6s 00 03W 11.6% 165% ,660.67 0.006% 0frti I 1 0.001% 3111nuo4wd%AA 104143 93A1 0% 3.0% 243,460.60 0.176% O olp4 0006% CU Cly of A" r~. C2t Towe of CoppKCr 0.0% W,D04 4S 0016% O+X7a' t 0000 npal Town Swdwy 500 roko 93-04 ev* r Vwbuo roka bwW om job lk•Rnp 4%4,5% 93W 40% 66% i t1,037.16 0 514% 0 (VA A _ 00M Tows of Cie C31 torn of Trwi Ck Ckb Twrn Sardo7 gam 85.00 To W 50 per rapuW hobo 9394 ts% 5.5% 80.1 ass 0w% 0.(090 6003% IN w r r fmm !4 SO br mlolk%o (owlYq~)1o 110.00 pr flour 34 607 )tnlml9~b 3%krfY0b54 3.0% 3.0% 2,604,132.02 1.60% 001. 0055% kk On in w+ro94 of 4% 93A4 40% 4.0% 1273,646 39 0,970% 06 0.007% E 501 Liki04015D 3% T- cl r- 3.4% OrwM 3.!i% 03-04 0% 3.9% 4,152,436.63 2,996% 0.090A 0.1INL ' li Lw~M,~6~ lbD Sdr7 Adhrdmnl Of 3% 00 bi 0% 7.0% M,970,104.97 40, 52% I A6113 , 1.451% 11 904.01 V22% OIOQ% 0.4 56160 L#A*Ak lSD pr WwwPwVq$m* W Avg. 6% 9044 0% S.0% 16% 7 mom 4. 1 IM 46 •AVO. •AVO 7+, • 26 TA)0N0 UNITS REPORTWO r , t - r 1. ...~...,wwu'MAI,••~,A~yyIYYiY~.r.r.•..~.-.' 1 ~ 'O Ji i { y f CITY O'COUNICt, • • i e 9 , ■ ~r i APONO MO Ap* YYM Date: August 14 1 j -QrIY COUNCIL. REPORT FORMAT a ~ j TO: Mayor azA Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: HOLD A DISCUSSION AND CONSIDER ADOPTION OF AN ANNEXATION SCHEDULE WITH REGARD W A PROPOSAL TO ANNEX 263 ACRES LOCATED NORTH OF JIM CHRIS" fAL AND WEST OF MASCH BRANCH ROAD AND 68 ACRES LOCATED NORTH OF RYAN ROAD AND EAST OF FORRESTRIDGE DRIVE. (A-% and A-67) RECOMMENDATION: Three annexation schedules are proposed setting the date, time to nd plat* for public hearings. Staff recommends that Council adopt the most convenient schedule. SSiMIl~81~ t The City Is proposing to annex a 263 acres tract looted north of Jim Christal and west of Masch Branch Road (A•66)and another 58 acres tract located notch of Ryan Road and east of Forrestridge Drive (A-67), The tract located north of Jim Christal and shown on site map attachment Ail Mules 9 single family homes, 1 mobile home and 1 business, with an assessed property value of $89S,643. The second tract located north of Ryan Road and shown on attachment #2 contains 14 single family homes with an assessed value of $2,024,466, The Annexation process requires two public hearings and rite first and sear A reae;ng of the Annexation Ordinance. The Schedule Included in attachrne,it Ms show, th m options for scheduling the annexation process in accordance with the "A Government Code. All of the options require for the city Council to have a special meeting as highlighted on the schedule, Please also note that the City Charter requires a four fifths affirmative votes of Council ( or 6 out of 7 members) in order to adopt the annexation ordinance through thn first and second readings, 4 l 71 ,~Na BACKGRQUND• City Council reviewed six potential areas for annexation at the Council's retreat last June and directed staff to proceed with annexation of these two tracts. In accordance with the Local Government Code the city may annex in any one year an arra of up to 10 percent of the Incorporated area of the City plus carry over from previous years not to exceed 30 percent of the city's area or 10,514 acres. PROGRAMS. DEPARTMENTS S OR _GROUPS AFFEMD: z' Staff will prepare a Service Plan scheduling basic city services to be provided to the site. The Service plan will be available for the first public hearing. FISCAL IMP CT: The total messed values for properties in both area amounts $2.92 million with, ~ estimated annual tax revenue of $16,900. The ultimate development of these tracts will further expand the citys tax base. i Respectfully submitted; r / Prepared by. Lloyd V. H City Manager Marry N! Persaud, MRTPI, AICP ' Senior Planner Ap rank H. Ro AICP Executive Director for Planning and Dmlopment Attachment #I. Location map for site located north of Jim Christal Road Attachment #2. Location map for site located north of Ryan Road a Attachment N3. Annexation Schedules Attachment #4. Metes and bounds descriptions 1ATTACHMENT Z ANNEXATION SITE ANNEXATION A66 Site Map 40*Nol - DENTON CRY LIMBS Agendalt Date FM~~d f / JL rwr rr lJ , y r ~ us f 1 'm CHRISTAL RD. i v ATTACWNT z ANNEXATION SITE ANNEXATION A6 DENTON CRY LIMBS ~ Wite Map ,geWaNo 3 opt ~enda► I I► i l r TEA H06tON S.EY ` r i i v ' ~ j RYAN qD• ~ I .-nt 1 ~ f „ I l i . r. GIaaLa _ AgendaNa.~' AgINUt ATTACHMENT 3 We 8, &NEXAT10N SCHEDULE (A•66 and A-67) _ ACTIVITY OPTIONS A B C City Council sets date, time and place for public 8/16 9/6 9/20 hearings. Staff informs propeny owners about the proposed 8/19 9/9 9/23 annexation Notice published in Denton Record Chronicle for first 8/26 9/9 9/23 public hearing. Service plan is prepared. City Council holds first public hearing. 9/6 9/20 10/4 Notice published in Denton Record Chronicle for second 9/9 9/23 10/7 public hearing. City Council holds second public hearing. 9/20 10/4 .10/18 Planning and Zoning Commission makes 9/28 10/12 10/26 recommendation. f' Uty Council' institutes annexation. First Reading of ; Annexation Ordinance. ` Publication of Annexation Ordinance in Denton Record 10/14 W28 11/11 Chronicle. Final Action by City Council. Second reading and 11/15 12/6 12/20 adoption of the Annexation Ordinano. Action requiring at least six affirmative votes of City Council. f I ~peoOaNo, qy_ 02 ATTACHMENT 4 Arldalt Oats k ,-1 ALL that certain lot, tract or parcel of land situated in the BE. . Orr Survey A-983, the S. Hulzar Survey A-514,"the G. Barb Survey A- 208 and the Myers-Johnson Survey A-1699 and being more particularly r i described as followss I BEGINNING at a point in the existing City Limits as established by Ordinance 82-52 and also being in the south line of Ordinance 74- € 36, Tract V1 THENCE south with said existing city Limits 3,550 feet to a point in the center of Jim Christal Road in the existing City Limits as established Ordinance 69-40, Treat I l J THENCE in a westerly direction with the existing City limits as established by the last mentioned ordinance 1,495 feet to a point in the existing City Limits as established by Ordinance 86-1021 THENCE with the calls of Ordinance 86-102 the following three (3) courses and distancess (1) north 06 111 40" west 3,064.31 feat, (2) north 890 280 48" west 1,486.8 feet, (3) south 00 11" 40" east 3,031.04 feet to a•point in the existing City Limits as established by ordinance 83-901 THENCE in a westerly direction with the center of Jim Christal Road to a point in the existing city Limits as established by Ordinance 86-481 THENCE north 090 03' 21" west with Egan Road 1,400.0 feet 'to a point for corner; THENCE north 890 590 47" want with a fence 1,f74.e feet to a fence corner postl THENCE north 0. 10, 27" east with a fence 1,886.11 feet to a point in the existing City Limits as established by Ordinance 74-36, TPract V and in a curve to the leftl { THENCE in a southeasterly direction with said curve 424,18 feet to t the Point of Tangencyl THENCE south 880 50,' east 51637.5 feet to the Point of Beginning and containing 263 acres of land. { AEB00405/2/cq i ; " KtvuE 4'C4k "Mal 4gobNo Agenda) Gate All that certain lot, tract, or parcel of land situated in the A. 7 7 Gibson Survey A-498, and the T. Peacock 'Survey A-1589 Denton County, Texas and being more particularly described as follows: v BEGINNING at a point in the north right of way of Ryan Road in the existing City Limits as established by ordinance 73-17; THENCE with the existing City Limits the following eight (8) courses: 1. north 06 33' 12" west 258.0 feet; 11 2. south 88. 140 27" west 832.73 feet; } j 3. north 06 400 58" west 1057.29 feet; 4. west 419.0 feet; 5. north 178.0 feet; 6. north 26. 36t west 268.0 feet; 7. north 380 351 east 290.0 feet; 6. north 96 35t east 390.0 feet to a point in the ID south right of way line of El Paseo Street as t established by Ordinance 73-17 and Ordinance 65- 35; THENCE south 890 468 20" west with the existing City Limits as established by. Ordinance 65-35, 1807.41 feet; THENCE south 690 36" west 363,44 feat to a paint in the existing city Limits as established by Ordinance 79-61; a THENCE 'I-n a southerly direction with the existing city Limits as y, established by ordinances 79-61, 88-0010 92-060, and 93-188 a toted distance of 2346.98 feet to a point in the north right of way, line of Ryan Road; THENCE in an easterly direction with the north line of Ryan Road 2219.0test to the Point of Beginning and containing 68 acres of z _ land, E. AEE003P2/3/c4 I x CITY , COUNCI t If .F~ is r l 4 e f 1 ~ 9 ~ (I i' ~ 1 I n AtrM^'i H:TwM n'eWY.r NY Y 'rn. M.'.'H!Y 1D C CITY Of WNW% TEXAS MUNICIPAL BUILDING/ DENTON, TEXAS 78201 / TELEPHONE (817) 6666307 Office of the City Manager M E M O R A N D U M zF M1' ~ 1 G ` fr DATE: August 11, 1994 TOt Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECTt APPOINTMENT OF DEPUTt CITY SECRETARIES The City Manager hereby proposes and recommends that Joseph Portugal and Veronica Oglesby be appointed Deputy City Secretaries to act in such capacity in the event of the absence of the City Secretary. t Section 2.12# City Secretary, of the City Charter authorizes the City Manager to appoint a city secretary (and deputies) subject to s' approv of the City Counoil. L I B • f~ I 1 V{ i41r ;i' n dfL 2 x; Lloyd Harrell City Manager 3 ' r 1 r 6 y~ 1 Irl4 ; , , ' ) n J f "Dedicated to Quality Service" F n r `^K' ii'W3iufN~`YnM3V ✓.rxw. ~u... _ r. ~Y i A ti ~C ITY , COUNCL. y i. { Ff N r , 7 i I F ~1 ~ t 1 1 I Y _ ..a f S: r c i i J~ y 0 1 ~ bMd~Ne 9 - l~ _CITY COUM?CIL Ryn~rm ~Q DATE: August 16, 1994 VVVV c TO: Mayor and Members of the City council FROM: Lloyd V. Harrell, City Manager SUBJECT: Open Container Act B:3CR~CROt~D= 1 The Alcoholic Beverage Code was amended by the 73rd Legislature allowing mun.'.cipalities to petition the Texas Alcoholic Beverage Commission to adopt an order prohibiting the possession of an open container and/or the public consumption of alcoholic beverages in the central business ' district of that municipality under section 109.35 of the Texas Alcoholic Beverage Code. This legislation allows the municipality to designate only the central business district. The definition of central business district in state law is "a calpact and contiguous geographical area in which at least 901 of the land is used or zoned for commercial purposes and that is the area that historically has been the primary location in the municipality where business has been transacted." The attached map indicates the area presently regulated under this legislation. It includsrthesd wntown district and extends out along Oak Street to encompass the Fry Street area. The area would include the abutting right-of a ways. Problems in the Fry Street area are the main reasons for staff recommending a petition to the Texas Alcoholic' Beverage Commission. There have been problems in the area due to the negative impacts of possession and cons alcoholic beverages on public streets and public placeS. of state legislation requires "the central business districtp be designated. Staff of the TABC have indicated that the " proposed area may not be approved by the Commission due to the its shape. All other criteria in designating the area have been met. These criteria include 901 of the designated area being commercial and the total area being less than 51 of the total city. t t Wei ~ ra.,w9 i 1 i -Vm*No A9adal This regulation would not affect the ability of a business to maintain existing or acquire new alcoholic beverage licenses or permits. It will apply to the public streets, sidewalks and pedestrian ways. Discuss<_ons with Police Chief Jez and University of North Texas Police Chief Jackson indicate that both feel this type of regulation is necessary to assist in mitigating those I negative impacts associated with the public consumption of alcoholic beverages and possession of open containers in the City. Should Council direct staff to prepare a resolution for consideration, the following is a synopsis of the procedure to be followed: ! { - A resolution is adopted by the City Council petitioning the TAW to establish an area prohibiting the public consumption of alcohollc beverages and possession of open containers in the designated area. A draft resolution, modeled after one approved by the City of Sinton has been attached for Council reference. Tt;is resolution has not been reviewed by Legal. - Based on the resolution, TABC adopts an order that enables the city council to consider an ordinance that prohibits the possession of an open container or the public consumption of alcoholic beverages in the designated area. - The City council considers the ordinance that would establish the designated area. This ordinance could allow the Council to permit exceptions in the area for apecial permitted events. Changes to the State legislation are being considered. Staff appeared before the Texas House of Representatives Committee E ' on Urban Affairs in May, 1994 to a3vocate change to the current legislation. Staff is of the opinion that simply replacing the reference to "the central business district" to "a business district" would be a more acceptable method of j designating an area to enact this prohibition. Staff is I i l I rra a;-~sr• ~g9ndaN~, + 9nQalt J1~ Date uncertain that any further changes to existing legislation will occur and would recommend proceeding with the pstitioning o of the TABC under the current legislation. Should the petition to TABC be denied, staff will return to City Council to request support in an effort to change existing legislation. h ATTACHKENTSs i. Map designating area to placed under TABC order 2. Section 109.35, Texas Alcoholic Beverage code j 3. Resolution Reapeo ullyf submitted: y; Lloyd V. Harrell City Manager 1c prepared by: t Debra Goodwin Urban Planner Approv t f: . o ns ATCP 8x4cutiv4'b rsator Pla~ n ng and Developtnsnt v w r~•' N,' III 7 F. f . , v✓IML..k i'q.:..:W•rr..y...... ri.. r ice.. ...f . ,..:...A.,i ,.'M Y'f.. I "Lon r Y Amm IL Ilk { I-E PE - r ~ y w MAl.rJk ~ M~rA6NK t. i ,Y Y E j L: t ~r fir , • ~QerbaNo. ^ °2 ~pondaft ~!o ATTACHMENT 2 • may enter the place of buaioea, Wool; drW lines and in aired lice scrou latuaectiooa. Foe any permit a license coveriaj a premise when minors are prohibited from entering the premises under Section 109.53, the measurement of the distsoes between the premises and a public school shall be aioag the property lino of the mina fronts and from hoot door to front door, and in a direct line across ~ ~ fatetaectiaaa. (c) Every applicant for on odgbW alcoholic beverage license or permit for a loedios with a door by which the public may enter the place of budow of the ap- pliaat that is within 1,000 feel of de nearest property line of a public uhooi, messed gong drad lines and directly across intersections, moat give written notice ; of the application to officials of the public school before MS the application with the commission. A copy of the notice mud be submitted to the eonmiWon with the application. This Subsection (c) does not apply to a permit or license oeverin; s premise where ninon are prohibited from entering the premises under Section 109.53. (d) As to any dealer wbo held s license or permit on September 1, 1983, is a "on where a regulation under this sectloo was in effect on that date, for purposes of Subsectioa (a), but sot Subsection (c), of this mcdoo, the mdsumment of the a distance between tha place of badness of the deaer sad a public school shall be doag the property find of the end fronts sad front front door to front door, sod } is direct tine acmes intersections. This m&act : 3 applies only as loop as the place { of business la cootiououaly In ope"oa from that data. whether or sot under the t am liceaae of permit. (e) Us oommissioaers caul of a ooaa or the govexalteg baud of a sty or town that has toasted a regulation under subsection (a) of this section may am allow variances to the regaWoa if the eommiadoaen court or goverdag body determines the enforcement of the regulation in a particular malacca is not In the best interest of the public. ccaditutss wrote or ixf fled toe of (sod of othx resources, Craig un undue hardship on an appUeaat for a license or permit, god d,t serve its tatesded purport„ is not effective or necessary, or for any other reason the court or fwasiaS boar4 of conddaWce: of the health, safety, and welfare of the public and the ogW6-d of the situation, detarmises is la do bat interest of the community. Sea 10935. ORDERS FOR PR(IMMMON ON CONStih MV, . (a) If the got rd% body of a mudelpality ddamises that the passages of an open eoatalner or the public coonamptioa of sdoobolk Wanes in the a o*W budaw &bid of the mtmidpality is aside to the health sad wish of the ddum of the mumldpaXty, d w Vveroirug body may pstitiat for the adoption Taw A%A-ft amao fib P"JI >~I era. ~I J i j x . r ,I gendan 9 4endall base of an order by the eommisdoo that prohibits the possession of an open container or the public consumption ofakobolie beverages In that central business district. (b) If a municipality submits a petition for an order of the commission to prohibit the possession of an open container or the publk consumption of alcoholic beverages In the antral business district of the city and attarlus to the petition a map, plat, or diagram showing the central business district that is to be covered by the prohibition, the commission shall approve and Issue the order without further cooddendon unless the commission fords that the map, plat, or diagram improperly Identifies the central busimea district. (c) The eommisslon5i order may not prohibit the possession of an open P container or the consumption of akhoik beverages In motor vehicles, buildings i not owned or controlled by the municipality, rtstdemtW etirncturea, or lieetsad premiss located in the area d prohibition. (d) In this section, 'central bndmest distrkl' means a compact and contiguous geographical area of a municipality In which at least " percent of f the land is used or mined for commercial purposes and that Is the aruu that has h historically been the l~arY location to the municipality when business has been (e) In this section, 'open contalnee means a container that Is no longer sealed. SUBCHAP17ER D. OTHER MISCELLANEOUS PROVMONS ~ I Sen. 109.51. SACRAMENTAL IYM Noddag la this code UWu the Tighe of a minister, pried, rabbi, or religious orpaization from obtaining saerames,ial wine for aacramenkl only, thictl from m ~F twrp~ la7 Y wful aorrere Inside orouuide the data No foe or W my be dinctly or indirectly charged for the exercise of thla right. The commiulon by rote and regulation may regulate the impo"on of sacramental Wim and prevent unlawful sae of the right granted by this sactien. Sec. 109.5x. WAREHOUSE RECEfPTS. A bank, trust convoy, or other financial institution that caves or watcbouae l reoeipu for alcoholic beverages u .erase for a Ioae after receiving p«mi,dom ooramisciom or adminiedrstor, amay set! the beverages b s licensee ex P'tree authorized to pat- i I chars them, Sees 109.53. CTt'IZIIVS,EDP OF PERl1fTI'TEEr CONTROL OF PREMISES SUBTERFUGE OWNERSSM ETC, No person who hat no been ~ a closer of Texas lot a period of one sheerer raw immediately preceding the fiUS . i Tor eba.a, a...,, cab eena M caw f I Hid II 1 ~7M6 r ATTACHMENT 3 ~e~daNo. Ageodalllf==e I f~te_Y, I RESOLO'1'ION NO. WHEREAS# H.B. 1445, as adopted by the 73rd Legislature, amended Subchapter C, Chapter 109, Alcoholic Beverage Code by adding Section 109.35 and, WHEREAS# Section 109.3E, authorizes the governing body, of a municipality, if it determines that the possession of an open container or the public consumption of alcoholic beverages in the central business district of the municipality is,a risk to the health and safety of the citizens of the municipality, to petition ' for the adoption of an order by the Texas Alcoholic Beverage Commission that prohibits the possession of an open container or the public consumption of alcoholic beverages in the central business district, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON; 1. The City Council of the city of Denton determines that the j possession of an open container or the public consumption of I alcoholic beverages in the central business district of the City of Denton is a risk to'the health and safety of the citizens of the city of Denton. ; 2. The City Council of the City of Denton petitions the Texas Alcoholic Beverage Commission to adopt an order prohibiting the possession of an open container or the public consumption of alcoholic beverages in the central business district of the City of Denton. i 3. Attached hereto is a !sap showing the central business district to be covered by the prohibition. Passed this day of , 1994. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BYi w APPROVED AS To LEGAL FORMS DEBRA A. DRAYOVITC;H, CITY ATTORNEY i BYs i 1 , i - it HANDOUT TO COUNCIL 08/16/94 i I CITY of DUMN, MXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPIfONE (817) 666.8307 OHke of the City Manager MEMORANDUM i TOo Lloyd V. Harrell, City Manager nom Flick Svehla, Deputy City Manager DATXi August 160 1994 90PJ=CTs Central Fire Information Jack asked that the Council receive this information on decisions for Central, • July 2, 1991 - Council begins discussion on Major Budget Issues - second issue discussed was the opening of Station #6 o Station projected to open in October of 1992 i o Plan was to hire new employees in April to allow for training ' Ao Major issue included $190,000 to hire eight fire fighters for part of the year a July 23, 1991 - Council received a report regarding results of ?TI fire station location study o Test results showed with six ` stations operating, one more fire zone would be included in 1 1/2 mile radius, five minute response time scenarios o Three other scenarios were reviewed - closing Station 1, closing Station #31 and combining Stations #1 and #3 and closing existing Stations #1 and #3 . "Dedicated to Quality Service" IYP[~ i , o Information sent to Council indicating a savings of $100,000 to $200,000 if one of the stations were closed u E o Council asked for development of further options keeping Station #3 open and operating with only five stations • August 6, 1991 - Fire Department budget was presented which included an Option IV. o Included in Option IV was the closing of Station #1 commiserate with the opening of Station #6. Personnel would be redistributed among Stations #2, #3, #4, #5 and #6 o Nine new fire fighters would be employed and distributed to existing stations e August 27, 1991 - Budget items were discusse Fire Station' #6 options were discussed including three original options plus the fourth option -o Motion was made by Council Member i r Hopkins seconded by Council Member Chew to proceed with Option IV which included opening Station #6 and closing Station #1 simultaneously P' and ultimately hiring nine fire fighters ~ - motion carried ~ f unanimously Maoss nine positions were i EMS Coordinator= 3 fire fighters hired outright) and five fire fighters to r be hired as the three Battalion Chiefs retired and those positions were phased out.) • Station #6 was elated to open in December of 1992. Actually opened in September of 1993. i o When staff was moved from Station #1 to accommoodate { Station #6, downtown ambulance service was also begun. That ambulance manning comes from Station n~ #2 or Station #5 commiserate with odd or even days. i 1 HANDOUT TO COUNCIL. 08/16/94 ARTICLE 9. PROPERTY MARAGEMENT' ' The contractor agrees to comply with the property management standards specified in the "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" (49 CFR Part 18), in its control, use and disposition of property or equipment governed by those standards. Further, the Contractor shall comply with the property management standards adopted by the State in the Texas Administrative rode, Title 43, Chapter 31. In the event that any project facility and equipment are not used in the proper manner or are withdrawn from public transportation services, the Contractor shall Immediately notify the State. The State reserves the right to direct the sale or transfer of property acquired under this Contract upon determination by the State that said property has not been fully and/or properly utilized. The Contractor shall maintain at least the minimum insurance on all vehicles and other nonexpendable personal property as required by the Insurance regulations of the State of Texas. Irrespective of coverage by Insurance, unless otherwise approved in writing by the State, In the event of loss or damage to project property, whether by casualty or fire, the fair market value will be the value of the property immediately before the casually or fire. Unless otherwise approved by the State, In the event of loss due to casualty N or fire, straight line depreciation of the asset, based on the industry standard for a useful life, shall be considered fair market value. The Contractor shall not execute any lease, pledge, mortgage, hen or other contract k touching or affecting the Stale Interest in any project facilities or equipment; nor shall r the Contractor, by any act or omission of any kind, adversely affect the State Interest or impair its continuing control over the use of project facilities or equipment. The Contractor shall notify the State Immediately of theft, wreck, vandalism or other destruction of project-related facilities or equipment. ' ARTICLE 10. LABOR PROTECTION PROVISIONS The Contractor agrees to undertake, carry out and complete the Project under the terms and andiJons determined by tho Secretary of the United States Department of Labor lobe fair and equitable, to protect the interests of employees affected by the Project and meeting the requirements of Section 13(c) of the Fedi ral Transit Act. f A In the alternative, contractor's subcontractor may maintain such minimum ; insurance so long as the contractor and the State of Texas are named as additional fnsureds on such Policies- 7 Ny r I v40 ~ C I i i i i I 1 • t i ~ i i ;I i