HomeMy WebLinkAbout10-04-1994
IT
f
P
~ x.
1 Q~
1 T
CITY COUNCIL AGENDA PACKET
h v 10/4/94
r I,' .F
J arc :
i
1
1~r
'I
1
V 'I
+~h h
t r
3
AGENDA J 1
CITY OF DENTON CITY COUNCIL v
October 4, 1994
Closed Meeting of the City of Denton City Council on Tuesday,
October 41 1994 at 5:15 p.m. In the Civil Defense Room of City
R Hall, 215 E. McKinney, Denton, Texas, at which the following items
will be considered:
NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A
CLOSED MEETING AT A14Y TIME REGARDING ANY ITEM FOR WHICH IT IS
LEGALLY PERMISSIBLE.
f
5:15 P.U.
1. Cloned Meeting:
A. Legal Matters Under TEX. GOVT CODE Sec. 551.071
1. Consider action in John Marie Preston v. City of
Denton and Jagoe-Public CompAnV.
21 Consider action in Cohagen. at al.-y, gity.
B. Real Estate Under TEX. GOVT CODE Sec. 551.072 ,
C. Personnel/Board Appointments Under TEX. GOVT CODS
See. 551.074
1. Consider transition of City Attorney to Part-time
Municipal Judge.
Work Session of the City of Denton City Council on Tuesday, October
40 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:
NOTa: A Work Session is used to explore matters of interest to one
or more city counoilmembers or the city manager for the purpose of
giving staff direction into whether or not such matter should be
placed on a future regular or special meeting of the council for
citizen input, city council deliberation and formal city action.
At a work session the City Council generally receives informal and
preliminary reports and information from city staff, officials,
members of city committees, and the individual or organization
proposing council action, if invited by city council or city man
agar to partioipate in the session. Participation by individuals
and members of organizations invited to speak ceases when the Mayor
I announces the session is being closed to public input. Although 'i
Work Sessions are public meetings, and citizens have a legal right
to attend, they are not public hearings, so citizens are not
allowed to participate in the session unless Invited to do so by a
the Mayor. Any citizen may supply to the City Council prior to the
beginning of the session a written report regarding the Citizen's
t opinion on the matter being explored. Should the Council direct
1
4
{
y.
R
-0,43
City of Denton City Council Agenda Ij~G~aV
October 4, 1994
Page 2
the matter be placed on a regular meeting agenda, the staff will
generally prepare a final report dc!ining the proposed action,
which will be made available to all citizens prior to the regular
meeting at which citizen input is sought. The purpose of this
{ procedure is to allow citizens attending the regular meeting the
opportunity to hear the views of their fellow citizens without
having to attend two meetings.
6:00 p.m.
14 Receive a report, hold a discussion and give staff direction
regarding adoption of a proposed "Off-duty Injury or Illness"
policy (107.05).
26 Receive a report, hold a discussion and give scatf direction
regarding adoption of a proposed "Reduction In Force" policy
(109.04)
96 Hold a discussion and give staff direction regarding the
desirability of forming a capital Improvements Citizen
Committee.
Regular session of the City of Denton City council on Tuesday,
October 4, 1994 at 7:00 j.m. in the Council Chambers of City Hall,
213 E. McKinney, Denton, Texas at which the following items will be
` considered:
i
7:00 p.m.
1. Pledge of Allegiance
2. Consider approval of the minutes of i1e. August 2, 1994; the
August 9, 1994; are the August 16, 1994 City Council meetings.
3. Consider approval of a resolution designating a "Wall of
Honor" acknowledging the many contributions of City employees.
4. Citizen Requests
A. Consider approval of a resolution temporarily closing Sun
Valley Drive between Stuart Road and Yellowstone Street
f on FriAay, October 14, 1994.
B. Consider approval of an exception to the noise ordinance
for construction work tt occur after 10:00 p.m. on
j Teasley Lane.
3
.pan
l
f
"Owl
ApendaNo
Ageadal(e
City of Denton City Council Agenda NO- ~D '
October 4, 1994
Page 3
5. Citizen Reports
A. Receive a citizen report from Jim Powers asking the
Council to rescind the sign ordinance against flying the
American flag on his automobiles.
j B. Receive a citizen report from Joe Dodd regarding one fire
fighting hero.
60 Public Hearings
A. Hold a public hearing with regard to the proposed
annexation and zoning of a 263 acre tract located north
of Jim Christal Road and west of Masch Branch Road. (A-
BA Hold a public hearing with regard to the proposed
annexation and zoning of a 68 acre tract located north of
Ryan Road and east of Ebrrestridge Drive. (A-67)
C. Hold a public hearing and consider adoption of an 4
ordinance rezoning a 15.67 acre tract located on the
northwest corner of PH 2181 and Hickory Creek Road from
Planned Development District (PD114) to Agricultural
District (A). (The Planning and zoning commission
recommends approval 7-0).
3
' D, Hold a public hearing and consider adoption of an y
ordinance rezoning a 0.3825 acre tract located on the
east side of Woodrow Lane approximately 510 feet south of
McKinney Street from Multi-family Dwelling District (MY- ;
1) to Office Conditioned District [0(c)(. (The Planning
and Zoning Commission recommends approval 7-0) z-94-022
7. Consider a variance to Section 34-114(17)'of the Subdivision
and Land Development Regulations for Lot i Block A, of the
Fred Hill Addition. The 1.781 acre site Is located on the
south side of Hickory Street at Bradshaw Street. (The
Planning and Zoning commission recommends denial 5-0).
80 Consent Agenda
Each of these items is recommended by t Staff and approval j
! thereof will be stri.,tl!-on the basis of the Staff recommendations. j
Approvul of the Consent Agenda authorizes thi City Manager or his
designee to implem -it a,ch item in accorl%nee with the ztaff
recommendations. The City Council has roceived bac) sound
4
t
'IdJr'•Mek'~=K, ttwi~.vifn.:i. r.:.... _ ..az, 6: t . er
A
all
A~enaaNo - ~
City of Denton City Council Agenda October 4, 4, 1994 A58daiSe
t,
aed ~
information and has had an opportunity to raiso questions regarding
these items prior to consideration.
Listed below are bids and purchase orders to be approved for
payment under the Ordinanne section of the agenda. Detailed back-
up information is attached to the ordinances (Agenda item 9.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 Aganda. 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:
h" 1. P.O. 147824 - Rain for Rent - Pumps, pipes and
fittings
9. ordinances
A. Consider adoption of an ordinance providing for the
expenditure of funds for emergency purchases of
materials, equipment, supplies or services in accordance
with the provisions of state law exempting such purchases
from requirements of competitive bids. (4.A.1. - P.O.
147824)
8. Consider adoption of an ordinance approving guidelines
for operation of the City of Denton Homeowner
Rehabilitation Program and eligibility criteria and
authorizing expenditures in excess of $15,000 for
projects meeting program guidelines and criteria.
,j
C. Consider adoption of an ordinance approving guidelines
for operation of the City of Denton optional j
Reconstruction Program and eligibility criteria and
authorizing expenditures in excess of $15,000 for
projects meeting program guidelines and criteria.
D. Consider adoption of an ordinance approving new rate
schedules for Texas Utilities Electric Company) providing a
an effecti-q date therefor] providing conditions and-r
which such rate sChedules may o changed, modifier, E
as 'dad, or withdrair= finding ana determining that the
ms •ing at which this ordinance is passed is open to the
pu),A,% as requirA: by law] and declaring an emergency.
k
r
. ` 1
l
aQenddNO ~ a
City of Denton City Council Agenda Agendal(
October
a giber 4, 1994 Date
Page -
X. Consider adoption of an ordinance accepting the
dedication from James D. Lynch and wife, Joyce Lynch of
Lots 6, 71 S. and 9, Block G, of Avondale Addition,
Section Three in the City of Canton, Denton County, Texas
for public park purposes subject to conditions regarding
delinquent ad valorem taxes. (The Planning and zoning
Commission and the Parks and Recreation Board recommend
(r
approval.)
10. Resolutions
AN Consider approval of a resolution re-adopting the Denton
Development Plan. (The Planning and Zoning Commission
recommends approval.)
11. Consider a nomination to the Human Services Committee.
12. Vision Update
13. Miscellaneous matters from the City Manager. y
14. Official Action on Closed Meeting Items.
r " • it
A. Legal Matters
B. Real Estate
C. Personnel
D. Board Appointments
15. New Business
r.
This item provides a section for Council Members to suggest
items for future agendas. ~
16. Closed Meetings
A. Legal Matters Under TEX. GOV*T CODE Geo. 551.071
B. Real Estate Under TEX. GOVT CODE Sec. 551.072
t
C. Personnel/Board Appointments Under TEX. GOVT CODE
`tr Sec. 551.074
.a r
l
,f
1
t
71
~gendaNo ~
Agendalt
City of Denton City Council Agenda
October 4, 1994 6 c
Page 6
C E R T I F I C A T E
i X certify that the above notice of meeting was posted on the
bulletin board at the City Hall of the City of Denton, Texas, on
the day of , 1994 at o'clock (a.m.)
(pR~-
I - CITY SECRETARY
NOTE1 THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE
CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE
HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IF'
" ADVANCE OF THE SCHEDULED MELTING, PLEASE CALL THE CITY
SECRETARY'S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS '
DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO
THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH
THE CITY SECRETARY"S OFFICE. 1
4 iH~
41
d
J
t
A
C
~l
1 , 'I r
A1 ^
i
i
i
u
~C ITY
~COUNCII
r
y
1; 41 1.
4 66
r
`4119 ~ 1 ' 1 n
SAY ~ ~
~ k
e.
C
1
-
Ap"
CITY COUNCIL REPMT
WORK SESSION
DATE: Octel-er 4, 1994
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Resolution for City of Denton "Off-Duty Injury or Illness
Policy" (107.05)
RECOMMENDATIONS
It is the staff Is recommendation tr, adopt a resolution to implement
a new policy, "Off-Duty injury or Illness" (107.05), effective
November 1, 1994.
1 SUMMARYS r .
The ability of the Oity to provide timely and adequate salary
continuation and benefit programs to assist City employees"hbsent ,
" from the job due to an injury or illness is dependent upon the
City'e ability to coordinate its handling of each individual case.
This policy seeks to create a coordination and uniformity of the
handling of all City employee disability or injury cases.
BACKGROUND:
With the Implementation of the Family and Medical Leave Act and the,
]Americans with Disabilities Act, the coordination of benefits for
employees who are seriously injured, ill or disabled has become
more complex. The "Off-Duty injury or Illness" policy sets forth ! i
guidelines for employees who are unable to work for an extended
time period due to an off duty injury or illness. These guidelines i
ensure the supervisor is kept informed of the prognosis of the
employee so that appropriate arrangements can be made to continue
` the smooth operation of the affected department. " ey also ensure
the appropriate Human Resources staff representative is notified to
continue proper benefit accrual and coverage.
This policy also incorporates a guideline that may allow "bu :Hess
-t necessity termination" in the event an employee is Anablu to Saturn
APP00692
-1.1 0 1.
P:• +i
i
&mom
w
I 1
.
• ; AQ@ItdBND
Ageadalt
City Council Report Date
Injury Policy ry0 ~j
Page 2
i
to work for longer than six consecutive months. This section of
the policy applies to employees who have received either an on-ths-
job injury or illness or an off-the-job injury or illness, and are
unable to work for longer than six consecutive months. Therefore,
the "Occupational Injury Policy" (409,1) has also been revised to
` refer to this policy in the event "business necessity termination"
Is considered for an employee who is unable to work for six
consecutive months due to an on the job injury or illness.
PROGRAMS, DEPARTMENTS. OR GROUPS AFFECTEW
f All regular full-time and regular part-time employees who have
completed the six month probationary period are affected by this
policy. civi] service employees will be governed by the provisions
outlined in chapter 143 of the Texas Local. Government Code unless
Chapter 143 does not address the disability issue, in which event
the provisions of this policy will apply.
FISCAL IMPACTS
There is no direct budgetary impact as a result of implementing
this policy.
i.< Respec ully submit ed~ a(!
1
" Loy v. Harre 11
city Manager
Prepared by:
,.c
Thomas W. nd
Human Resources Director
{
Approv d bye
He cKe n Exe itwe Director
Municipal vice ;/Economic Devo. ,>ment
APP00692
r
pR ARd, - 3
.400 fie J ~
CITY OF DSNTON Ya U
POLIOY RDMINrSTRRTIVE PROCRDURB/ADMINISTRATIVE DIRE
SECT too: SEFIRENCE "DERR
4
PER&DNNEL/EMPLOYEE RELATIONS 107.05
SUNECTs EFFECTIVE DATE:
EMPLOYEE BENEFITS AND SERVICES 11/01/94
TITLE $ 10LACES:
Orr-DUTY INJWX OR ILLNESS POLICY
sae
POLICY STATCHENT:
The ability of the City to provide timely and adequate salary cortinuat.on and benefit
programs to assist City employees absent from the job due to an injury or illness is
dependent upon the City's ability to coordinate its handling of each individual case.
This policy seeks to create a coordination and uniformity of the handling of all City
employee disability or injury cases. It is expectod that employees will assist and
cooperate with the City in obtaining recommended medical treatments or therapy and
rehabilitative services in order to return to work at the earliest possible date.
This policy applies to all regular full-time and regular ptrt-time employees who have
completed the six month robat. mary period. On-the-job injury or illness is addressed
in the "Occupational Injury Policy (409.1) with the exception of "business necessity
terminations (section III of this policy), Civil Service employees will be governed by
the provisions outlined in Chapter 143 of the Texas Local Government Code unless Chapter
143 does not address the disability issue, in which event the provisions of this policy
will apply.
I, DliriMITI0N5{
A. Essential functions - The 'ajor duties essential to a position (with or
without reasonsblo acc,xnmodation). These are determined by the job i
description cP each pcsition. The following should be considered in 1
deter. if a job function is essential:
1. The position exists, in part, to perform the function.
9. There are a limited number of other employees available to perform the i
function, or among whom the function can be distributed. II
3. it function is highly upeeialized, and the person in the position is hired
for special expertise or ability to perform it.
e. Reasonable Aeggswdation - A modification of the work environment or work
process that enables a person with a disability to perform the essential
functions of a job and associated regulations. The determination of what
accommodations are reasonable shall be the determination of the City, but will
be in compliance with the provisions of the Americans With Disabilities Act
of 1990 (ADA). The determination of reasonable accommodation will consider
whW an undue hardship will be posed on the operations of tho department
or division, or if a direct threat to the health or safety of the employee or
others will be posed.
E C, Undue Bards in - defined by the ADA as an action that is excessivaly coat'.y,
extensive, substantial, or disruptive, or that would fundamentally alter the
nature or operation of the business.
I
{
1
b '
,
r.
I ~ ~ II
1
AgmdaNo 9y'
t S'
t Ap nidal8
Ito r' 4~ ot_@ 41 POLICY ADMINISTRATIVE PROCEDURE ADMINISTRATIVE DIRECTIVE (Contiou d it
tliM REFERENCE N'.116ERi
Ott-DUTY INJURY OR ILLNESS POLICY 107.05
D. D
other irect Thies}, - a health or safety risk that, based on valid medical and/or f
h+m, evidence is
substa ^tive
determined to reduced pose
an acceptable significant level risk of
with f
reasonable accommodation.
X. Disability - under the ADA$ an individual with a disability is a person who
hass a physical or mental impairment that substantially limits one or more i
major life activitLesF a record of such an impairmentF or in regarded as
having such an impairment.
r
F. il3aess. iaiurr. or Medi ~ Condi ew - A temporary physical or mental
impairment that does not substantially limit ons or more of the major life
activitS.es of an individuals
0. 1)ylio~sa Wecessilr Ter■taatien - Occurs when a department's or division's {
productivity or aty to deliver services is adversely affected because an f
employee is unable to perform the essential functions of the position for
which that employee is hired, and no reasonable accommodation can be made.
H. Modified Duty - Any restriction placed on an employes by a treating physician
i which requires an employee to do less than his or her full job. Modified duty
will not extend beyond 120 days,
II. ADMINISTRATIV2 PROCI fafw
A. When an employee is unable to perform the essential functions of his or her
position due to a disability, injury, illness, or medical condition (and
reasonable accommodation is not possible), the City may separate the employee
r ; due to business necessity and fill the position except as is required by the
Family and Medical Leave Act.
7 { B. Eligibility for benefits as defined in this procedure is dependent upon the
complete compliance of the employee with the responsibilities outlined in this
f procedure and the requirements and procedures stated in the employee benefit
booklets or appropriate benefit policies,
C. An employee whc experiences an off-the-job injury or illness that rends:s the
employes incapable of performit.g his or her regularly assigned dutio, shell
use his or bar accrued sick, vacation, and compensatory leave balancuo, The
employee may use his or her available leave balances until the earlier oft
1, the date that the employes has exha'jsted all such leave balances (if
exhausted, refer to "Personal Leave Without Pay Policy" (111.08) or the
Family and .MedicrE Leave Policy (107.04)11 or
2. the date that the employes is able to return to work and perform the
essential functions of his or her position.
i
D. Benefits will be calculated as listed belowt
1. Employees who arw absent from work due to an injury or illnesa shall
continue to accrue vacation and sick leave for as long as they are
receiving paid lesvw (i.e. sick, vacation, or compensatrry time).
j
APP0028A
f
AgeodaNe f6
Apendart S-
fate ~
POLICY ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Coati6u d)
nnE~ i
REFEREJCE MUhaERi
Orr-DUTY INJURY OR ILLNESS POLICY 107.05 I~
2. Benefit accrual and usage would follow the prov'.sions of the Family and I
Medical Leave policy (107.04). f
3. An employee shall not be eligible to receive tuition reimbursement unless
it is for an approved course which was already in progress at the time the
employee became unable to perform his or her job duties and the course has
I been successfully completed and documented as required by the "Tuition
Reimbursement Policy" (107.09),
4. The employee and eligible dependents will remain qualified for health
benefits coverage through the City's group plan as long as the premiums for
the employee and dependent coverage un0er the City plan are paid on a
timely basis by the employee (either through payroll deduction or pers=,t
payment).
` S. The City will continue to a its
the employee as provided p y portion of health insurance premiums for
the Yemily and Medical Leave t and Medical Leave Act of 1993 and
policy icy 1107.04).
~
i 6. Regular full-time and regular part-time employees who work at least twenty }
(20) hours per week and who are not able to work for an extended period of
time may be eligible for long term disability benefits. The aoployes is
responsible for contacting the Human Resources Director w;.thin sixty (60)
calendar days after the date of the disability to discuss eligibility
qualif!catlons.
III. ~Si~,~NEaa Nl{CtR82TY Ts wtwa~~ .
A. A
t, employee's position may be filled and the employee cay be terminated due n*cess
to business
und
followin seccion applies toiboth one the-j b and off-thaajob o injuries guidelines. This
jaris or illnesses.
1. The employee has been unable to perform the essential functions of his or
her job with or without reasonable accommodation for a period of six (6)
consecutive months from the begirning date of the disability, illness,
Injury or medical condition.
2. The amployeo's treating physician does not anticipate my change in status
that will allow the employee to perform the essential functions of his or
her job for an additional thirty (30) days.
B. Supervisors shall obtain approval from the Director of Human Resourcas prior
to Initiating a business necessity terrination, The Risk Manager shall also
be consulted if the employees injury occurred on-the-job. The following
shall be taken into consideration during the decision making proceses
I
i
f APPOO28A
S
' r
001009
;11M
I
1
aQesiAaNo
E apendalten~,~1_
Date /0.
ADMINISTRATIVS DIRECTIVE (lo1ued) !
?OLICY ADMINISTRATIVE PROCEDURi5/
TITLES REFERENCE ma1RE13
OPT-DUTY INJURY OR ILLNESS POLICY 107.05
r • progno■ s n ca ng • employee w no able to perform
1. A FL
oc 0-,r.-
his or her regular duties or modified duties if available. In the ce.ae of
an employee with a disability, termination would not be considered unless
no reasonable accommodation (which would not cause undue hardship on the
organisation or pose a direct threat to the health or safety of the
employee or others) exists that would enable the employee to perform the
essential f functions of his or bar
available. (See Section VII of this policy position, Job Reassignmbnt'1)
2, The employee's refusal to follow a prescrited ^urse of treatment.
3. The empployee's refusal of placement in a position for which the employee
is qualified.
4. The employee,@ refusal of a modified duty assignment for an on-the-Sob
injury.
5. The employee's non-compliance with established safety rules and regulations
and/or city work rules and regulations.
6. The failure of the employee to present satisfactory evidence of his or her
inability to return to work, either in a limited duty capacity if such work
is available, or to regular duty according to the timetable established in j
r this procedure or upon request by the City.
a 4 7. talsifieations or misrepresentations made by the employee concerning his
or her physical condition or capacity.
8. The failure or refusal of the employee to return to regular duty on the day
specified by the treating physician. A
t
9. The employee's failure to contact his or her immediate supervisor on a
{ regular basis (as directed by his or her supervisor) and notify him or her
1. of hio or her condition and expected return to work date, It the employee
is unable to make contact personally, (s)he shall have someone contact his
or her supervisor on his or her behalf.
10. The employee's failure to provide the requested progress reports from the
treating physician.
q 11. For an on-the-job injury, if the employee is found to be partioiyating in .
any activity, including outeLds employment or self-employment, that impedes
the employee's progruse of recovery.
1
12. For an on-the-job injury, if the employee fails to report to his or her
supervisor his or her participation in any other employment, including self-
employment.
C. If otter reviewing those factors, the supervisor determines a proposal for i
i termination for business necessity is appropriate, the supervisor (in
cooperation with the Human Resourans Department) must propose this action in
j writing to the employee. An employee who receives a proposed termination for
business necessity shall be afforded tha same response and ap+wal rights as any
APP0028A
1
re
i
AgenoaNo
Agenda}te~~
bete PACES , .
POLICY/ADMINISTRATIVE PROCEDURE ADMINISTRATIVE DIRECTTVB (Continued) ~ u
i
t[SIEi REFERENCE XMI:
OFF-DUTY INJURY OR ILLFESS POLICY 107.05
other employee who receives a proposed dismissal under the City's "Disciplinary
Action Policym (109.01). However, separation for business necessity shall not
be considered a disciplinary action and shall not operate to deny an employee
the use of any accrued benefits an outlined in appropriate policies. An
opportunity to appeal will also be afforded to the employee in accordance with
the "Appeal Policy" (109.03).
IV. t][p~PV'tSJR R SPONSIBILITIEB FOR DISABILITY. INJ~1rILLNES3. OR MEDICAL CONDITIONS
F A. Within seven (7) days of the date the employee's disability, injr,y, illness,
or medical condition begins, the supervisor must notify the employee in writing
of his or her obligation to contact the supervisor on a regular basis. (The
s recommended reporting time is once a week, but the supervisor can elect to
change this reporting time to more frequently or less frequently, after
consulting with the Human Resources Department). Each supervisor shall
establish procedures for this reporting requireawnt, inform the disabled,
inured, or ill employee of the procedures, and notify the employee that
failure to follow these procedures could result in disciplinary action.
B. Each supervisor shall notify the disabled, 111 or injured employee in writing
of his or her obligation to provide a monthly progress report from his or her
attending physician regarding his or her medical condition and rehabilitation
options as they relate to his or her ability to return tc full duty. This
report shall includes
1. Diagnosis
t. Description of treatment
3. Will the employee be able to return to full duty with no
restrictions? If so, when?
4. Is rehabilitation an option now? In the future? If so, describe. If not,
why not?
5. Are any aecomwAatio,is necessary for the employee to return to full duty?
If so, deocrlbe.
C. Upon exhaustion of paid sick and/or vacation time, the supervisor shall submit
an "Employee Status Form" to notify Human Resources to stop benefit accrual. J
{
V. RNFLDYEE RESPONSIBILITIES FOR DISABILITY INJURY. IUMSB. OR MBDICDL CONDITIONS
A. Employees who are disabled, ill, injured, or have a medical condition are
required to notify their irmediate or designated supervisor immediately if they
are going to Let absent from work.
Is The employee will provide a monthly programs report from his or her treating
physician as indicated in Section IV B of this policy.
I
C. The employee must contact his or her supervisor as established in Section IV
A of this policy until he or she returns to work or the end of the six (6)
l months period in which the employee is unable to perform the essential
functions of his or her position. If the employee is unable to make contact
personally, he or she shall have someone contact his or her supervisor on his
or her behalf. The City must be aware of the employee's status in order to j
plan and amsign work duties and responsibilities in an efficient manner.
APPOOISA
)
.~d 1
y
i Ag9ndaNo s 7---
AgeadaN
Date n,,vv11
POLICY ADSINISTRATIV6 FROCISDUR6 ADMINIBTItATIVB DIASCTIVB (Continued)
WERESCE tsx+sEat
TITLEt
OFF-DUTY INJURY OR ILLNESS POLICY 107.05
D. An employee who fails to contact his or her supervisor each week or provide the
monthly prognosis report in accordance with this policy shall be subject to
disciplinary action in accordance with the "Disciplinary Action Policy"
(109.01).
i
VI. RETURN TO MM FOR FULL DUTY
A. The following reporting requirements apply when an employee returns to work
from an off-the-job disability, illness, Injury, or medical conditiont
1. An employee returning to duty after being unable to work for ten (30) or
more working days due to a disability, illness, injury, or medical condition
cast provide a written release to the supervisor from the attending
physiian Indicating the employee's fitness to return to full duty. The
supervisor must then forward the release to the Director of Human Resources.
2. In the case of an employee who returns to work from a disability, illness,
injury, or medical condition in less than ten (W working days, the
employee is not autocratically required to furnish a do:tor's release to his
or her supervisor. The supervisor, at his or her discretion, say rsquire }
the employee to furnish a release from the attending physician if he or she
j feels the employee's disability, injury, illness, or medical condition may 3
not permit the employee to safely perform the job. When the supervisor
requires such a release from the attending physician, the employee must take s
his or her release to the supervisor who must then forward it to the
Director of Human Resources.
' S. The City reserves the right to require an independent physical or mental
assessment, at the City's expense, upon the return to work of an employee from
s disability, illness, injury, or medical condition to determine whether the
employee is able to perform the essential functions of the job.
C. Upon return from leave within the six (6) months after the beginning date of
a disability, illness, injury, or mrd.Lcal condition, an employee who exercises
any right provided under this section, If able to perform the essential
functions of the position with or without reasonable acco mtodatiun, shallt
1s return to the position hold by the employee when the leave cosmencedl
2. be placed in an equivalent position with equivalent benefits, pay and other
terms and conditions of employment, if the employee returns to work prior
to the completion of 12 weeks In a 12 month period, In accordance with the
Family and Medical Leave Policy (107.04)1 or
3. be placed in a vacant position for which he or she is qualified to perform.
vol. ass su @BigenE#HT
A. Job reassignment will be provided as follows when an employee is unable to
return to his or her current position due to a disability, illness, injury, or
medical conditions
APPOO28A
i
AgWaNo- 9~/,,,d33
W edalt~
POLICY ADMINISTRATIVE PROCEDURB/ADMINISTRATIVE DIRECTIVE (Continued)
i, TITIEi REFERENCE WMERI f
OTP-DUTY INJURY OR ILLNESS POLICY 107.05
1. If a position for which the employee is qualified and physically able to do I
is vacant, the employee may be considered for transfer to a job
reassignment. Job reassignment will only be considered within the six (6)
month period from the date of disability, illness, injury, or medical
condition.
2. It will be the employee's responsibility to contact the Human Resources
Director to identify positions for which he or she may be qualified and
physically able to perform, and to request such job reassignment.
B. Should an employee be unable to return to work in his or her current position
due to a disability, the City may provide job reassignment as a reasonable
accommodation in accordance with the Americans with Disabilities Act of 1990.
C. Job reassignments are not guaranteed. Such requests will be discussed with the
Director of Human Resources and the Department Director of the hiring
department before such a docls16n will be made. The final approval will be
obtained from the City Manager. Interviews with the hiring supervisor will be j
conducted. Rate of pay will be deteranined by the Compensation/Classification
Guidelines for the position to which the employee is being reassigned.
a
VIII. MODIrsap Dt/TY
a E A. Modified duty assignments may be considered based on the following when an
employee is unable to perform the duties of his or her current position due to
a disability, illness, injury, or medical conditions
1. If a modified duty position is available in the department which the
employee is physically able to do. Modified duty status will only be d
considered during the six (6) months period from the date of disability, j
illness, injury, or medical condition.
2. It will be the employee's responsibility to contact his or her supervisor i
and the Human Resources Director to determine if a modified duty position ~I
for which he or she may be qualified and is physically able to perfore, is
available.
j
9. Modified duty assignments are considered temporary and will last no longer than
the 120 dayo. Type and length of modified duty assignments will be contingent
upon availability and a doctor's statement indicating any restrictions in
performing modified duty assignments.
C. Modified duty assignments are not guaranteed. Such rognests will be discussed
with the Department Director and Human Resources Director prior to assignment.
Vill, KRAZONAM ACCOMMODATION
A. Reasonable accommodation will be provided to any otherwise qualified employee
with a known disability as defined by the Americans With Disabilities Act of
1990.
APP0028A
i
E
AgendaNo_9_Y_-_e3 3
Agerdtl
OP ~
HOLICY ADMINI8TR11TIV8 pR0C8DURE ADMINISTR11TIVS DIRECTIVE (Continued) IDO? f~ ;
T[REi REFERENCE MWERS j
OPT-DUTY INJURY OR ILLNB69 POLICY 107.05
8. Reasonable accommodation w).11 be provided only when it enables the smgloyse to
perform the essential functions of the job.
C. Requests for reasonable accommodation must be submitted by the individual to
the Director of Human Resources. The Director of Human Resources will review
such requests and make a recommendation to the "city ADA Committee" in
accordance with the "Americans With Disabilities Act Policy (100.02). The ADA
Committee will provide a recommendation to the department director as to
whether an accommodation is reasonable.
IX. TERMINATION POR CAUSR OR LAY-01F
P
This procedure does not preclude an employee from being terminated for cause. This
procedure does not proelude an employee from being terminated durir.g an official
reduction-in-force due to budget reductions.
X. APPEALS PROCEDURB
Tds City !tanager or his designee shall consider any appeal of decisions aiad'e , '
pursuant to this policy or any decision made by the ADA Committee. All appeals
must be submitted in writing with the Director of Human Resources within ten (10)
working) days of the action or decision (am outlined in the "Appeals Policy*
33
y Yip. f:,
kI. NsQiCAL REC0RD8 ay
All medic
&I records obtained pursuant to this procedure will be kept in
confidential aadlcal files as required by the Americans With Disabilities Act
of 1990.
i,.
.w
E
APP0029A
s.
Wiati'ri1`
l
js\wpdoes\res\oftduty.rer
AmaNO - 3
Agondalf
-
RESOLUTION NO. Wte/0
'9
A RESOLUTION ADOPTING POLICY NO. 107.05 "OFF DUTY INJURY OR
ILLNESS"; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Director of the Human Resources Department for the
City of Denton has presented a proposed policy regarding employee
rules and regulations for the Council's consideration; and
WHEREAS, the City Manager recommends adoption of the ppoolicy and
the City Council desires to adopt such policy as an offioial policy
regarding employment with the City; NOW, THEREFORE#
I
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. That the following policy, attached hereto and made
a part hereof, is hereby adopted as an official policy of the City
of Denton, Texas:
107.05 Off Duty Injury or illness
SECTION 11, That the foregoing policy is attached hereto and
made a part hereof and shall be filed in the official records with
the'City.Secretary.
8E0TION Iii, That this resolution shall become effective
immediately upon its passage and approval.
? I PASSED AND APPROVED this the day of , 1994.
s BOB CASTLEBERRY, MAYOR
ATTESTt
JENNIFER WALTERS CITY SECRETARY i
BYt
APPROVED AS TO LEGAL FORM: j
DEBRA DRAY OVITCH, CITY ATTORNEY
I BYs
I
I
f
f
_ =CITY
- ~ ~JNCI~
=C O
F
t
0
~ ~ L ~exli
ti
Jl tJ
yn
r.tX
> ~ 0 s
(
•
p r
~ .na
i
wl
AP*No
DATE: October 4, 1994 IOa
1 ~r
CITY COURM REPORT
REGOLAR SESSION
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Reduction In Force Policy (#109.04) - Effective November
1, 1994
i RE ENDATION:
It is the staff's recommendation that the City Council adopt a
resolution authorizing the City Manager to implement a policy on
reooction in force effective November 1, 1994.
{ $S!lIi4ARt : i
During the City's annual budgeting process, the staff evaluates j
( all positions and staffing levels necessary to fulfill department I
and division goals and objectives in the delivery of services to
the citizens. This is done given the guidance provided by the
City council on service areas for continued emphasis and those
,,here service reduction is required to remain within the financial
{ resources established. In situations where the City Council
_ i provides direction to red!Ace service levels, the City Manager may
provide direction to departmental managers to eliminate positions
and employees in those positions in order to stay within the
financial resources anticipated. The policy provides for an
objective and fair process for determining which positions and
employees will be separated from employment with the City because
of a reduction in staffing. It also provides for severance,
outplacement, and "recall" procedures.
9ACKOROIJND: ' ~
After considerable research of other city policies on layoffs and I
reductions in force, a draft policy was reviewed by all department I
managers, the Legal Department, and the Executive. Committee. The
attached policy provides for:
I) The City Council to provide overall direction and
guidance to the City Manager concerning areas of services
to the citizens for continued emphasis or those where
service is to be reduced or eliminated
2) During the annual budgeting process, the City Manager
will recommend to the City Council those positions for
elimination and incumbents to be separated from
employment because of the reduction in force
i
1
~ a
J/) .41 -4 Al
ar
DATE: October 41 1994 /Oa
ORT
gITY C_QW& L REP
REGULAR 'C'ESSION
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Reduction In Force Policy (0109.04) - Effective November
1, 1944
RECOMMENDATION:
It is the staff's recommendation that the City Council adopt a
resolution authorizing the City Manager to implement a policy on
reduction in force effective November 1, 1994.
SU*"Y :
~ a
During the City's annual budgeting process, the staff evaluates
all positions and staffing levels necessary to fulfill department
and division goals and objectives in the delivery of services to ~
the citizens. This is done given the guidance provided by the
City Council, on service areas for continued emphasis and those
where service reduction is required to remain within the financial
resources established. In situations where the City Council
r' provides direction to reduce service levels, the City Manager may
provide direction to departmental managers to eliminate positions
and employees in those positions in order to stay within the
financial resources anticipated. The policy provides for an
objective and fair process for determining which positions and
employees will be separated from employment with the City because
of a reduction in staffing. It also provides for severance,
outplacement, and "recall" procedures.
BACKGROUND: ~ ,
I
After considerable research of other city policies on layoffs and
i reductions in force, a draft policy was reviewed by all department
managers, the Legal Department, and the Executive Committee. The
attached policy provides for:
1) The City Council to provide overall direction and
guidance to the City Manager concerning areas of services j
t to the citizens for continued emphasis or those where
service is to be reduced or eliminated
2) During the annual budgeting process, the City Manager j
will recommend to the City Council those positions for
elimination and incumbents to be separated from
employment because of the reduction In force
n~eneaNo~
apeoda~te(n~~
Date d, -
October 41 1994
City Council Report - Reduction In Force Policy (#109.04)
Page 2
3) Reasonable attempts will be made to integrate targeted j
employees whose positions have been eliminated into other 11
unfilled positions in the City; however, the City cannot
guarantee the employee a position
4) Separated employees will be provided a severance and
outplacement assistance, subject to budgetary constraints
The policy provides that during the preparation of the budget,
department managers, based on guidance provided by the City
Reduction In
e ere a specific
p
Council and City Manager, will pr
Force (RIF) plan for his/her department using established,
object.ve criteria. Each RIF Plan will identify specific
positions to be eliminated and any employees who occupy those
positions. The RIF Plans will be reviewed and approved br the
Executive Director over the department and by the Director of
Human Resources prior to submission to the City Manager. The City 11
Manager will select those posittoce, and employees to include in
the budget recommendation to the City Council.
I
Employees who are to separated from employment due to the RIF will
be notified as soon as possible so that they can begin working
with tt.e Human Resources staff for possible placement in another
position within the City.
E Employees who cannot be placed elsewhere in the organisation will f
be separated from employment and provided a severance package
based upon length of service. They will also be provided
outplacement assistance by the Human Resources staff, if
sufficient funding and staff exists to cover these oxpenses.
No decision to separate an employee will be made based on race,
gend*ro I ,
status, or eany national l prorigin, otection disability by status, rotates tor
local law. j
PROGRAM DEPARTMENTS OR GROUPS AFFECTIRi
The Reduction In Force Policy will apply to all regular full-time
and part-tine employees in all City departments.
FISCAL ItiPSCls
r
The Reduction In Force Policy coal Impact will depend on the
number of positions eliminated in any given budget year if a
reduction in force becomes necessary, The cost will furthep be i
dependent on whether any eliminated positions are held by an
employee. The City will make reasonable efforts to place the
employee in another part of the organization via transfer,
rt%esignment, etc. Any severed employee will be eligible for all i
,
a.n.ry
p ..mr
r ,
AQer~daNo ~
Date - - 9
October 4, 1994 r 4
City Council Report - Reduction In Force Policy (0109.04)
Page 3
accumulated vacation and sick leave and severance pay based on
d; length of service.
r
r Respe fully sub fitted:
e•
Lloyd V, Harrell
City Manager y
Prepared by:
Thomas W. Klinck, Director
Human Resources
Approved:
}
;,~Sg? Batt MeK an cut!ve Director
Nunicipa S
erv x a and Economic Development
1 {
Si
llrJtNr.t!
frlDlrllt 01/71//1
3
r
,r
i
4
3
APO I LAO
_ Date
n-~•
CITY OF DENTON
POLICY ADMINISTRATIVE PROCEDOREJADMI11IBTRAI'IVB DIRECTIVE ■EfE MCE ruNaEaS
SECT 10s o 104.04
Human Resources De artment EffECTIVE DAtfs
wuECr, 11101 44 }
separation Policies ■E►IACESS
71101 Reduction in Force Poltc
poLICY STATVCHT,
It is the policy of the City of Denton to ensure dopartfcsn delivery divisions are staffed.
with adequate personnel so that effective wand h d an economic or delivery o conditi ns create
citizens of Denton can be aeeomplishedOf 08tvic" to the which funding diffi oily may be requiredctosredaee seta[[inq levels in certain dope tments or
ci i
divisions.
It is the poltey of the City of Denton to implement aloyment. Tmhmee City Council
elimination of positions and employee separations from employment.
as to the general reduction.
will provide overall direction and guidance to the City Manager service
of citizen services for appropriate continued emphasis and those for reducton.
in force
This policy is designed to accomplish reductions where there is a diminished
need for a service to the citizens.
the C
Based on city council guidance and approval,ss, specitic Poanagsieions will for ellmina ion and
part of the Annual Bud
Connell, as pa in thorn positetaionsry to be proceseparated from omploymeft.
incumbents, it any, ass, based on
Severance and outplacement programs will be provlconiesat~te=a.od employ
their length of service and subject to budgetary
€ An employee whose position has been eliminated and is to be separated from employment ;
as a part of the proposed reduction in force will be oft re ~f orpppo'aunniipyoto Appeal ` made
to int the action. Reasonable attempts how hltc,nsfer or reas~Lgnment,~
other departments in the City tty 9
applies to all regular full-time and regular part-time employees at the
Cttyi including po nd fire fighters. However, the provisilno of Texas
This policy
Service
e (State
lice offtce nt
mowhenmsapplicabU.
Vernon Statue so a Civil
Low) W Cod
3 1 to opolic a of Cho ter [p icers land give the fighters t Y•
Law) Will APP Y
F
ADHIHISTRITIVS PROCOURis
I, slimlaation of positions and Employees subject to separation from employment,
l ee'a employment may be ■"rated because of changes in the
employee whose position emp Job or position duties, lack of works or lack of funding.
employee[ sition has been eliminated in one De rtment or Division, may
if such positioitionn
be transferred to a comparable position ltwh the iw 1oYaftYanothnr hpooitlon~.
!s available. The city cannot guaran soon as lthenever possible the affected ont. The affected empleyoo will bbeessi of
the pending separation from rom employmeoyes
at least 14 working days in ■ vance of the action.
f
.I
i
tr.,aup~
YI
f
V
r
z
19M*1
;az
PAGE_j,OF_ 4 Wt9 1Q" W~"6
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVS (Coatiaeedfcge
11T►Ee aE►EAEMCE mMaEAt
Reduction in Force Polic 109.04
!
8. Peduction in force shall not be considere3 as a disciplinary action. However,
employees Identified to be separated from employment will be offered an
opportunity for a due-process appeal as provided In Policy 0109.03 - Appeals.
C. Regular, full-time, non-Civil Service employees with twelve (12) or more months
of continuous service to the city at the beginning of the budget year
)October 1) shal.1 be compensated upon sepsration (due to reduction in [ores) in
accordance with the following schedule, in addition to any other benefits for
which they may be sligiblet
Severance pay is based on the number of full, continuous, non-interrupted,
months of service with the city, as described below. An employee may receive
! up to a maximum of five (5) weeks pays -
Full, Continuous
Non-Interrupted Benefit
months of service (Hours of Severance Pav1
f 0 - 12 0 Hours
j 12 60 10 Hours
61 - 120 60 Hours
121 - ISO 120 Houra
let - 210 160 Hours
211 + 200 Hours
! In addition to eligible severance pay listed all employees identified for
separation will be paid any accumulated vacation and sick lsave.
D. Decisions concerning reduction in force are to be based on the following
criteria3
1. Primary consideration will be given to management's need to carry out the
City's mission of providing public services. Thus, the criticality of a j
position to achieving the overall mission and goals end objectives of the 1
city will be the primary factor in determining which positions to eliminate, i
Attempts will be made to mirimiae the impact of reduction in forco on the j
delivery of public services. The City Council will be responsible for
identifying areas of public sot Icon to be reduced or eliminated. The City
Manager is responsible for identifying the specific positions and employees
to be separated from employment due to the reduction in fires.
2. Once the City Council has recommended areas of public services to be reduced
or eliminated, Department Directors are responsible for identifying
appropriate staffing levels and for making recommendations to the Clty
Manager as to positions to be eliminated and as to candidates to be
considered for employment separation. A Reduction in force plan will be
devaloped by each department and division using criteria outlined in 03 on
the fo sowing page. The Ixecutive Director and Director of Human Resources
will approve the plan prinr to submitting to the City Manager.
i
i
s
{ipiyc
aQBAddNO q
AOeadatt
PAGE
_~oe4_ Gate
PpLICY AD~9TRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
RElEREMCt MOM r'
tlilQ ,
AeductSon in eorc• Poltc 109.04
3. Department Directors will select positions for potential elimination based
on department or division goals and objectives to recommend to the City
Manager as a part of the budgetary process. When recommending the reduction
employment,
ordert
elimination positions be and
considered in tfi separated follow9 from
the following criteria
f a. Departmental/Divisional Reeds
(1) Review departmental and divisional goals as outlined in the Budget
and Identify adequate staffing levels.
(2) First priority should be given to minimising the impact upon service
delivery to the publicl therefore# those positions directlyy
responsible for service delivery become the positions most critical
to accomplishing the goal. Identification will DR made of those
positLons considered least critical to service d*livery and
therefoi-e least Critical to accomplishment of departmental or
divisional goals.
(3) The possibility of restructuring a dopartmental or divisional work
force should be considered. For example, eliminating extra help,
work sharing, and temporary furloughing may alleviate or reduce the A
length and extent of impending reduction-in-force actions.
b, Employes Productivity
(1) Review employee's work performance histories (Performance doratly luation
furls over the tact S pyears) erformance factors,
quality and quantity '
(7) Review employees' attendance records.
(3) Review employees' disciplinary records.
(4) Review employees' safety records.
c. C.eployee Skills, Knowled9#1* and Abilities
it job duties or tasks are going to be restructured this to the reduction- f
In-force, consideration should be given to those employees who possess
those skills, knowledge, and abilities which will meet the needs of the
i, department or division.
d. Length of Service with city
r!
1. Time in current work unit.
2. Time with City.
l
3. Time in curre,.t classification.
rr (
aaa.
i
t
NjodiND
APP G
PACs_4._OF-A- We -u,-9 FT
POLICY ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
TITIE~ REURERCE aUM1FRt
Reduction in Force Policy 109.04
4. The City's Equal Employment Opportunity Policy (#100.01) will be followed in
makinq reduction in force decisions. No decision to separate an employee {
from employment will be based on race, sex, age, national origin, disability
status, Vietnam !ra Veteran status of an employee or any other protection
afforded by Federal, state, or local law.
S. Ones reduction-in-force decisions are recommended ano approved, the Director
of Human Resources will be responsible for the coordination, communication,
and out-processing of separated employees. Reasonable attempts will be made
to integrate separated employees, who are demonstrating satisfactory
performance, into other departments in the City through transfer or
reassignment.
R Re-employment of Separated Employees
The Human' Resources Depar`ment will maintain a data order roster of all
employees separated from employment due to reduction in force who are
demonstrating satisfactory performance. Employees may be recalled during the
twelve (12) months immediately following the affective date of reduction in
force. ` Should a vacancy occur in the city and in the same or a lower job
classification, the employee will be offered reU;statsment with benefits if
employee meets the minimum qualifications for the position (provided the
employee has not forfeited a benefit, i.e., TKAS# etc.) An accrued as of the
date of separation. The employee "employment date, i.e., date of hire,, will
is be adjusted forward to account for the term of the separation. The •adjusted.
hire date` will be used to establish future benefits. The term of the
y separation may not be used toward the employable retirement eligibility and no
contributions will be made by the employee or City for this term. Employee
funds in a Deferred Compensation Program may be withdrawn during the term of the
separation.
II. civil Service employees are subject to this Policy, however, the provisions of Texas
Vernon Statutes, annotated, Chapter 141 of the Local Government Code, (State Civil
Service Law) will apply where app).icable.
AAA016F7
i
i
4
E ~ \W30CE\AEE\REDIK f 10.. OR
Agar AO g . 3
Ageedai ti s q -
Nate '
RESOLUTION NO.
A RESOLUTION ADOPTING POLICY NO. 109.04 "REDUCTION IN FORCE"; AND f
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, vhe Director of the Human Resources Department for the
City of Denton has presented a proposed policy regarding employee
rules and regulations for the Council's considerations and
WHEREAS, the City Manager recommends adoption of the policy and
the City Council desires to adopt such policy as an official policy
regarding employment with the City! NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: f
SECTION 1. That the following policy, attached hereto and made ~j
a part hereof, is hereby adopted as an official policy of the City
of Denton, Texass
109.04 Reduction in Force Policy
SECTION It. That the foregoing policy is attached hereto and
made a pert hereof and shall be filed in the official records with
the City Secretary.
SECTION ITT, That this resolution shall become effective J
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1994. {
BOB CASTLEBERRY, MAYOR
W-F-
is ATTFSTs
JENNIFER WALTERS, CITY SECRETARY
s BY1
APPROVED AS TO LEGAL FORMS
DEBRA A. r'l.YOVITCH, CITY ATTORNEY
BYs h" AJ47
I
Now
I{
ti
S
XITY
-,COUNCII
a _
r., cc
! ylviT
0 ; ri
` w!. j
I
1 1
c:lsAOOCCNet~am»t nr.ci r
Ap1~deNo ~
DRAFT
A' .114#
I
RESOLUTION NO.
A RESOLUTION CREATING A CAPITAL IMPROVEMENT STUDY COMMITTEE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton will soon exhaust funds from the
last general city bond issue approved by the voters in December of
E 19861 and
WHEREAS, according to the adopted Capital Improvement Program
for the City, there is a continuing need to construct capital
improvements within the City; and
1
WHEREAS, recent discussion has focused on the needs of the
Denton Fire Department and the responsibility to make long term
plans for fire fighting within the community; and y
j WHEREAS, the Council has, in the past, appointed a citizen's
( committee to prioritize items to be submitted to the voters in a
general city bond election; and
i
WHEREAS, knowledgeable citizens can provide valuable insight as
to the needs and priorities of the community) NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVESs
' $'tCTION 1. That a fifty member Capital Improvements Committee
is hereby, created and established and given the charge to develop
a comprehensive Capital Improvement Program which can be submitted ;
j to the voters within the next year. I;
SCCTIOK Ill. That in appointing the committee, each City !
Couno )member will be responsible for submitting seven names of
citizens to serve on the Committee and the fiftieth person will be 1
a Chairperson selected by the entire City Council. I
SECTION iII. That after establishing recommendations for the
Capital Improvement Program regarding the Fire Department, the
Committee shall submit such interim information to the City Council
no later than , so that the Council may con-
eider future staffing responses consistent with the recommended
capital improvements.
AMION Iva That City staff is directed to provide assistance
tot the Committee as determined by the Chairperson and members.
SECTION V. That the final comprehensive capital improvement
report shall be submitted to the Denton City Council no later than
s
71
aQendBNo
DRAFT
1 Z
SECTION yI. That this resolution shall become effective
immediately upon its passage and approval.
1
PASSED AND APPROVED this the day of 1994. E
i
BOB CASTLBBERRYo MAYOR
ATTESTS
JENNIFER WALTERS, CITY SECRETARY
SYi
APPROVED AS TO,LEGAL FORMS 4.
3`"r DO" A.- DRAYOVITCHO CITY ATTORNEY
r ,i>
4 ~1 ~ - i Irv
.
BY s 'I y'
f
1 I
I
"T.
t 13 ~ l 1, .
f 1
' Page 2 11
1'.
"n..:V.4:n,.ww>i"wYF'r{Y:~ril6{@`M~Y'kr'fiX`4✓/a.~~✓.iflM.~4f~`'{~vf~{Q ,
i
stir . 9. d , . i a .
2-11 ~1
I
t
i
CITY
COUNCIL
r
1
1 r
~t~ n f r a 0
{i w .fir:
M iid
rF
I r~
~ r
1 ~4 ~ JO
r
Y
s
-d
No
.alo_ 2 a
CITY OF DENTON CITY COUNCIL MINUTES
August 2, 1994
The Council convened into the Executive Session on Tuesday, August
2, 19941 at 5215 p.m. In the Civil Defense Room.
PRESENT: Mayor Castleberry: Mayor Pro Tom Brock: Council Members
Chew, Cott, Perry, Miller and Smith.
ABSENTS None
1. The Council discussed the following in Executive Sessions
A. Legal Matters Under TEX. GOV'T CODE Sec. 551.071
16 Considered a claim against Wiltel, Inc.
B. Real Estate Under TEX. GOV'T CODE Sao. 551.072
C. Personnel/Board Appointments Under TEX. GOV'T.CODE
Soo. 551.074 i
The council convened into the Work Session on Tuesday, August 2,
1994 at, 6:00 p.m. in the City Council Chambers.
BRESENTi Mayor Castleberry) Mayor Pro Tem Brock; Council Members
Chew, Cott, Perry, Miller and Smith.
ABSENT= None
1. The council received a presentation and held a discussion
regarding a hotel/motel tax recipients budget by the Denton'
Convention and Visitors Bureau.
George Highfill, Chairman-Denton Convention and Visitors Bureau
Advisory Board, stated that the Bureau had forwarded to Council
their 1993 goals and results, and the 1994 proposed budget and
audit report. He was available to answer ai;y questions which the
Council tight have regarding those documents. The proposed budget
was ,$284,538 which war; an increase over last year. The 1993-94
budget included $187,000 from the occrpancy tax and $46,000 from
the reserves. That money had not been used and was available to be
us*4 for the next year. Total reserves were approximately $97,000
and it was proposed to use appr^ximately $90,000 for an aggressive
S"
advertising campaign for tide r Sty
N%yor Castleberry asked for a highligtst on the Chamber's new sign
ogram and the tourist buLaau.
Highfill noted the location of the highway signs and the messages
which they represented.- A Visitors Information Center was opened
this year at Exposition Mills and volunteers were used in the
Center to assist with giving out information.
ARM j
AgendaNo 3
City of Denton City Council Minutes Agendalle S
August 2, 1994 ale - Cr'
Page 2
7
Joann Ballentine, Executi%i Director-Denton Convention and Visitors
Bureau, stated that an agreement had been worked out with the Texas
Department of Transportation to have signs erected to direct
individuals to the Visitors Center. The Visitors Center was
popular with residents and with guests.
Council Member Smith asked about a visitor canter at the Golden
Triangle Mall area.
Ballentin~ replied that they were working on a center at the Mall
areas
City Manager Harrell expressed a concern about using $90,000 of the
reserve to fund the operating budgets Would that money be used for
one time expenditures which would not reoccur the following fiscal
years If the were on-going, how would that shortfall be made up
the following year.
Highfill replied that the intention was that the efforts in
advertising would generate more visitor traffic for the hotels and
motels. Those efforts would increase their budget in a like
. amount. If not, they would decrease their budget.
r:
city Manager Harrell stated that the Chamber could scale down
without too such effort.
t Highfill replied yes because they would be doing contract labor.
i
24 The Council held a briefing on the scope of the City/Chamber
of Commerce Competitive Analysis Study and related contract and
gave staff direction.
r Richard Hayes, President - Chamber of Commerce, stated that several
meetings had been held to review the suggestions presented by
council regarding the contract. The thrust of the study would be
what could be done for economic development now. It focused on not
whet could be reinvented but what could be done now. The time line
for the study was to have a mailing to companies the following day
with proposals returned by the 14th of August. Interviews would be
hold in several weeks with the companies who responded w~th a
E hiring date of September 1. He reviewed the scope of services and
questions which would be addressed in the study. A committee of
four individuals from the City and four from the Chamber would
review the responses to the proposals by the companies.
Council Member Perry suggested that an additional question to
consider would be what could be done to attain standards in air
quality.
I 11
e `sV
i.
WWI,
f
A$end3No y'03
City of Ce••tor► City council minutes A00IIdd1t
August k. 94 Od',9
Page 3 Gg 7a ;
's
Hayes replied that when location factors were addressed that would l
be included.
Uested that the eople who knew that the questions w be changed Id b by
professional marketing p
correct.
Parry motioned, Smith seconded to proceed with the project ".aye"On
roll vote, Brock aye", Cott, "a Motion
i
Chew "aye", Perry "aye", and Mayor Castleberry Ya
carried unanimously.
S
3. The council received a report and held a discussion concerning
receipt of hotel/motel tax funds by Science Land of Denton and gavo
staff direction.
°f
city Manager Harrell indicated that staff had presented a detailed
summary at the council's last meeting regarding this request.
Council had requested that the item be placed on the next agenda
for staff direction.
Mayor Castleberry asked if Science Land was e31gible for Lalor
funds.
Debra Drayovitch, City Attorney, stated that she had had a
convexsAtion with the head of the Municipal Affairs rration it the i
Attorney General's office who indicated
funds that t it appe museum red that the
expenditure of hotel occupancy tax i ;
l Science Land in a mall would not qualify under the Act. rho `
question to the Attorney General's office centered around ;
y;
expenditures of payment for utilities and salaries. She had had a
discussion with Dalton Gregory regarding the information from the
Attorney General's office and the expenditures ~dituree which were allowed
under the State statute. expenditures
solicit6tion of visitors to the municipality or Its and bi vicinity. They
specifically talked about advertising in pe ' llWards
which would attract visitors to the City of Denton. They also
discussed whether it would
housed in a historical builds ke a difference if the museum were
Dalton Gregory presented Council with information regarding a
1
visitor survey done a~ the museum which indicated where the
visitors were from and whether they were there to strictly visit
the museum. They also conducted a survey of other cities with
museums to determine how those museums were funded. The cities in
i the survey with similar museums which were not funded through
hotel/motel dollars were being funded through gensral fund dollars. z
R
t
r-
~ f
~p4ndtNo Li
i
4pe~,dal1
City of Denton City Council Minutes
August 21 1994 ~ 03 7Z
page 4
kted a Council 4ember. Cott u8 from thehotel/motel dollarsis organization
could apply for f
apply but that the current
mayor Castleberry stated that they Could ality for the fundso
interpretation was that they would not quality
Council Member Cott asked how the City could help the organization.
Gregory stated that they needed dollars for advertising as they
roblem was the
needed promote their museum. utilities tonrandito kpeep the doors
need for r dollars to keep p
open.
elp
at some needeofd
Council Member i t it wanted organizahancetion
with its utilities and second . Those request might
t,alor landss. ose fun funds taken and this requ
cause a fight for any future
the
Gregory replied that they did not want to get into a fightgnated over as a
funding. His concern was that curntolf the52% was reserve was already
reserve. He understood that part
He was not
earmarked for therecwould be t omeimoney lnter eft rover but even otter
that expense money came from but that they Oeera in a
funds the were necessary.
situation were where
reserve.
Council Member Miller stated that te imately had 2 per 00 in month for 7
The museum was in need of appox the museum would
months. He suggested that stetf inva Kit out why the future
not qualify for the landing,
obligations, h the organization survive. He
e would like to help
proposed to have Legal review the research materials received and
place on ano®bend r survive on thfor e next months though would creative
help Saien
financing. rice. #
1 Mayor Castleberry suggested increasing the admission p y
Gregory replied that they would be considering that issue but that
it was not a great way to generate revenue as it was necessary tQ 1
consider what Pe4rket would bear.
Mayor Castleberry expressed a concern haot tree enough Looney be
starting a practice for which there might j handle all the requests,
a city
City Attorney Drayovitch stated that up to 15= of the fro riated
received from hotel/motel occupancy tax funds may be appp
1
3
t
Agenda
ho p
Agendal
City of Denton City Council Minutes Date
August 2, 1994 s c~ 7Z
1
Page 5
for the arta. The statute relating to museums deal with historical
m sseums.
Miller motioned, Smith seconded to direct staff to research the
E issue to determine if science Land could use Lalor funds and to see
E if there was a way the City could fund the project at $1,000 per
month until March of next year. On roll vote, Brock "aye", Cott,
"aye", Miller "aye", Smith "aye", Che•,► "aye", Perry "aye", and
Fayor Castleberry "aye". Motion carried unanimously.
44 The Council considered amendments to the City Council Rules of
Procedure.
City Attorney Drayovitch stated that a copy of the rules which had
been amended to reflect the items discussed at the Counoills annual
planning session had been included in the agenda packet.
References to "him" in the rules had been changed to "him/her" or
"he/she" were applicable. The proposed amendment for Article 4.3
which governed work session meetings clarified procedures for
oitiaen participation at thoas work sessions. It provided that
notice would be given to citizens of the input which would be
peraissible and that if the Mayor invited citizens to participate,
the participation would cease when the Mayor closed the session to
public input to allow the Council to give staff direction for
future meetings without distracting comments from the audience. {
Council Member Miller stated that that would be explained at the
beginning of each work session.
City Attorney Drayovitch stated that the intent was that there
would be a printed notice on the agenda and the Mayor would read
that at the beginning of the work session. Article 4.7 was a
change necessary to comply with th^ Open Meetings Act for
subcommittee meetings. The Council already followed such procedure
I and this would put that practice in writing. Article 6.1 dealt f
f with placement of items on the agenda. There had been some {
} confusion in the past regarding the method of placement on the
agenda by council members. The new language provided that a
council member may place an emergency item on an agenda if it was
approved by two members of the agenda committee. The remainder of
j the item for placement on the agenda was in Article 6.3 which
provided that any council member may suggest an item for discussion
at the next work session. The City Manager or City staff would
respond preliminarily on this item at that work session and if
Council directed that staff provide a more detailed review the
Council would give direction to the City Manager accordingly.
Article 7.9 was a clarification of a long standing practice of when
a council member abstained from a vote because of a conflict of
f
}
-r'
1
R
i
City of Denton City Council Minutes AgeadaN August 2, 1994 Page 6 Dwte Interest, the member shall leave the Council Chambers. Article
ffa/7
7.11 governed reconsideration. Currently a motion for
reconsideration may be made by someone who voted with the majority
and this would be changed to reflect that a motion for
reconsideration may be made by a member who voted with the
prevailing side which was in accordance with Roberts Rules of
Order. Reconsideration or reintroduction of an item allowed for
reintroduction of an item six months after it had been acted on
unlees the rules were suspended.
Due to a time constraint, this item was continued during the
Regular Session under Miscellaneous Hatters from the City Manager.
The Council convened into the Regular Meeting on Tuesday, August 2,
1994 at 7:00 p.m. in the Council Chambers.
PRESENTS Mayor Castleberry; Mayor Pro Ten Brock; Council Members
Chew, Cott, Perry, Miller and Smith.
ABSENT: None
10 Pledge of Allegiance
The Counoil and members of the audience recited the Pledge of
Allegiance.
.9. Citizen Reports
A. The council received a citizen report from bon Wheeler
regarding commercial vehicle traffic on residential streets.
Nolen Craven stated that Mr. Wheeler was not able to attend the
meeting. There were City ordinances which governed commercial
vehicular traffic on residential streets but in many cases those
ordinances were not being strictly enforced. Mr. Wheeler had
submitted a report to Jerry Clark, the City Engineer. This report
outlined various items which needed to be incorporated into a new
city ordinance. He asked council to consider Mr. Wheeler's
{ request.
Mayor Castleberry stated that copies of Mr. Wheeler's letter would
be given to Council. Three years ago the Council worked on an
ordinance dealing with commercial vehicles on properties. Mr.
Wheeler's letter would be distributed and staff would be asked to !
E study it for existing ordinances.
t
rn
gar
t
A~endaNo y - 1
City of Denton City Council Minutes Aoefldal a
August 2, 1994 ihle f
Page 7
7 2
i
3. Citizen Requests
I 6
A. The Council considered a request for an exception from
the noise ordinance for the North Texas State Fair and Rodeor
August 19 - 28, 1994, at the North Texas Fairgrounds.
Joseph Portugal, Assistant to the City Manager, stated that James
Roden had requested an exception for the North Texas State Fair and
Rodeo from August 19-28. The exception was requested for August
22-25 until lls00 p.m.= August 19, 200 26, and 27 until midnight= i
August 21 from 1:00 p.m# to 11:00 p.m and August 28 from 8:00 a.m.
to 4:00 p.m. These dates were approximately the same as what was
approved last year. Last year, residents of the area had asked for
a temporary no parking zone during the event which was approved by
Council. This year, staff initiated the procedure for the
temporary no parking zone. The Traffic Safety Commission approved
i the request last evening and this item was on the agenda for later
council consideration.
Council Member Chew asked about church services in area on Sunday
with an exception from 8:00 a.m. to 4:00 p.m.
Bob Powers, Fair Association, stated that on Sunday the only event
t was the dairy goat show with no music.
Council Member Chew asked about the first Sunday when the exception
was for 1:00 p.m. to 11:00 p.m.
C Powers stated that bands would be performing during the evening but
not during the day. There had never boon a problem with the {
churches in the past.
Council Member Chew stated that there had been some opposition from
the area pastors in the past.
Belinda Martin expressed concern for the variance exception. She
had three small children and the noise from the Fair and other
events hold at the Fairgrounds had affected her family and woke up
her children. Several events had occurred at the Fairgrounds
without any exceptions granted for some of the events. The Fair
would take place during the second week of school. There were also
on-going problems as trash, loitering in the neighborhoods, and
k trespassing on private property.
1
Council Member Perry asked about loud music without a variance.
Powers stated that one event took place without a variance. The
individuals with the event thought that they did not need a
k
;
AgendaNo y"
Agerrdait
City of Denton City Council Minutes D~~te~0"y"Q p
August 2, 1994
Page 8 Sf „/l 7 Z
i
'k
variance as it came with the rental o! the grounds. They were told
that that was incorrect. He felt that perhaps they would have to
put into their contract that a noise variance was the
responsibility of the renter of the grounds.
Council Member Perry asked if Powers was aware of an event without
a variance.
Powers stated that he was aware of only one event. The Fair
respected the neighborhood. As soon as the bands started at tho
Fair, he drove the area streets in his car to check the noise
levels. He stood outside his vehicle to determine the noise level
and if it was too loud, he went back and had the volume reduced.
He did that every hour durirg the performance of the bands.
Cott motioned, Miller seconded to grant the variance.
Council Member Perry felt that events at the Fairgrounds impacted
and impinged the neighborhoods. He knew that the event could take
place without loud music, etc.
Mayor Pro Tom Brock stated that she received calls last year from 1
area residents regarding the noise. The volume at the entrance to
the Fairgrounds sight not be too bad but further away the volume
would bs much louder.
Mayor Castleberry stated that he also drove the streets during the
Fair and felt that this event was similar to other events in Denton
such as the Arts Festival and Cinco de Mayo which all had loud
noises.
Council Member Miller stated that the Council granted variances for
many other events similar to the Fair. He respected the concerns
of Me. Mtrtins Another area resident had expressed to him that the
noise level was acceptable. This individual had. expressed concern
regarding the past behavior of persons going te, and from the Fair.
1 Those behaviors had improved during the years with increased police
# participation and Fair official participation. The Fair had
I. changed its public address system and had tried to work with the
neighborhood.
Mayor Pro Tam Brock stated that while the Council granted variances
for the Arts Festival it was only a once a year event plus it ended
W. 8t00 p.m. and not late at night. She was concerned about the
ending time of 11too p.m. on a Sunday night at the beginning of the
school year. The Fair could function if it closed at 900 p.m.
instead of 11100 p.m.
I
i
.may
,
Agenda No
City of Denton City Council Minutes
August 2, 1994 A$endal; Q
Page 9 0@t9
7Z
M
Council Member Perry stated that it was automatically assumed that
the granting of a variance was a license to excee3 the bounds of
what was responsible. He agreed that the Monday through Thursday
times could be moved back without any damage to the Fair.
Council Member Smith stated that the proposed closing time for
August 22-25 was iit00 p.m. each night which was all during school.
She felt it was hard for children to go to school if they were up
until 11s00 p.m. She also wondered whether the area became quiet
after 11s00 p.m. as people were still leaving and moving out of the
Fairgrounds.
Powers replied that there was some noise but once the band stopped,
most individuals were out of the Fairgrounds after 30-15 minutes.
There probably vas some noise but not much. The Fair officials
drove the streets at least once an hour to determine the noise
level.
Mayor Castleberry stated that he lived close to the Arts Festival
and when it was on, he could hear it as though he was at the event.
He know that this was an annual event and he could tolerate it
during that day. Other residents on Denison Street had indicated
that they were in favor of the Fair.
Council Member Cott asked for the penalty for a violation of the
variance.
{ City Ilttorney,Drayovitch stated that a violation of the noise
and Hance was a Class C misdemeanor with a fine from $10-$500 plus
associated court costa.
Council Member Cott stated that he was willing to withdraw his
motion if the Fair Association would reconsider the proposed hours.
Mayor Castleberry felt that the time frame was too short to
consider it at the next Council meeting.
On roll vote, Brock "nay", Cott, "aye", Miller "aye", Smith "nay",
Chew "nay", Perry "nay", and Mayor Castleberry "aye". Motion
failed with a 4-3 vote.
i. Mayor Castleberry asked how the vote would affect the Fair.
Powers stated that they would have to cancel part of the Fair
contracts with the bandu. They had had the variance for several
E years and assumed that they would have been granted it again this
year. On that basis, they went ahead and contracted with the bands
and the entertainment.
v,
i
ApeedaNo
City of Denton City council minutes ApertU
August 2, 1994 Data
Page 10 / n0 7
l _I
Council Member smith stated that the Council and the Fair
Association had this same discussion last year, had talked about t
the toot that the bands were already hired and on that basis
j approved the variance. That did not seem to influence the planning
of this year's se let function during school and that t nights. preferred to not have
the event
Powers agreed that they had discussed the issue and aesumed that
the variance would be approved this year, especially -Aince it had
not been discussed any time during the year. They had proceeded as
they had done in the past. They always watch the noise during the
Fair. He requested that the Council grant the exception this year
and as soon as the Fair was over, they would meet with staff and
the neighbors to work out the issues.
Council Member Miller sugges':ed that a requirement be made that an
organization appear before Council a certain l eras years months prior
to an event to work out all details. up unti
for
Fair did n reconsider the request for this year and lay he ground Council
the following years.
Council Member Ferry stated that the back-up materials indicated
that at the same time last year, he had specifically requested the
Fair to look tar ahead to this occasion and try to make plans more i
told set up a mediatorFair
in line with neighborhood. He had had tried to
to work through the details.
" Association was not interested in any kind of mediation.
Powers stated that last year the Fair spent $5000 on a sound system
to help with the noise of the rodeo. if the Council approved the
variance for this year, as soon as possible after the Fair they
would nest with the city to deal with the issues for the following
year.
i Mayor Castleberry stated that many volunteers worked with the Fair
the
and they had to ask for a variance each year. appreciated sorry the
Fair had to go through this every year. Fair did and felt it was sad that they had to como each time for
this variance. The vote had been taken unless someone asked for a
reconsideration.
4. Public Hearings
A. The Council held a public hearing and considered the
rezoning of a 79,93 acre tract located on Hickory Creek Road at
Montecito Drive from Planned Development 112 to one Family Dwelling
District (SF-7). (The Planning and Zoning Commission recommended
.
3
i
r.
I
City of Denton City Council Minutes Age!►daNO~_.
August 2, 1994 Ape~dalt
Page 11 Da1A
approval, 6-0y. '
Frank Robbins, Executive Director for Planning and Development,
stated that this was a downzoning from the original zoning on the
property. There was an associated preliminary plat on the Consent
Agenda. If there was a problem with the zoning, the plat should not
be considered Sixty feet of right-of-way was being dedicated on
the center line of Hickory Creek Road which was the proposed
location of Loop 288 plus a fifty foot main building met back line
as part of the plat.
The Mayor opened the public hearing.
I
Fred Gossett stated that he would respond to any Council questions.
Council Member Perry asked about drainage in thy, development.
Gossett stated that the drainage was to the pond area to Fletcher
Creek. Fletcher Creek would become a flood way and the engineers
f did not anticipate any great amount of floodwater. In the future
they would like to clean up the drainage area for a walkway.
No one spoke in opposition.
The Mayor closed the public hearing.
Council Member ]Biller stated that the City had a policy that it
would not accept less than 5 acres for a park. Il
Robbins replied correct. This particular site would be difficult E
to add facilities on it as it had a pond.
Council Member Miller asked if 3.6 acres would serve this area. Was
it possible to look at an exception rather than turn down the
offer.
Robbins replied that it was not a fast rule and if the developer
proposed the site, it would be a separate decision regarding the
proposal.
Council Member Miller wanted to make sure that it was part of the
discussion to not automatically turn down the offer because it was
smaller than five acres. j
Gossett stated that there were some very significant trees in !,he
area of the pond and housing would never be on that area and the
trees would not be disturbed. He had a very positive experience
working with the city and appreciated the work of the staff.
1
ApendaNo~3 ~ '
City of Denton City Council Minutes A e~dals Z -
August 2, 1994 Q3t9 flat/
-
Page 12
/909 -M
r The following ordinance was considered:
i
NO. 94-154
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR P.
CHANGE FROM PLANNED DEVELOPMENT (PD) NO. 112 TO ONE FAMLLY
F DWELLING (SF-7) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR 79.93 ACRES OF LAND LOCATED ON THE NORTH SIDE
or HICKORY CREEK ROAD AT MONTECITO DRIVE; PROVIDING FOR A
PENALTY IN, THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS
THEREOF1 AND PROVIDING FOR AN EFFECTIVE DATE. i
1
Perry motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller ways", Smith wave", Chaos
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
€ unanimously.
56 Consent Agenda
Brock motioned, Smith seconded to approve the consent Agenda as
presented. On roll vote, Brock "aye", Cott, "aye", Miller "aye",
Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
A. Bids and Purchase orders:
~•w a' 1. Bid 01645 - Certification Testing of CEMS on
Steam Generators
2. Bid #1648 - Cracked Sealant
3. RFSP /1640 - Computerized Fuel Management System
°r B. Plats t
1. Considered approval of the preliminary plat of The '
Oaks of Montecito. The 79.93 acre tract was j
located on Hickory Creek Road at Monteeito Drive. y
(The Planning and Zoning commission recommended
approval, 6-0.)
i Co Tax Refunds
10 Considered approval of a tax refund for Billy J.
Mosley/Colonial Savings in the amount of $1,038.81.
i
4
City of Denton City Council Minutes AgendaNo
August 2, 1994 Agoi1dalte
Page 13 Date
66 ' Ordinances
The Council considered the Consent Agenda ordinances A. and B.
A. NO. 94-135
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT,
SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE.
(5.A.I. - Bid 11645 and 5.A.2. - Bid 11648) 1
B. NO. 94-136
AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND
AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS,
EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN
I' EFFECTIVE DATE. (5.A.3. - RFSP 01640)
Brock motioned, Smith seconded to adopt the ordinances for the
Consent Agenda. On roll vote, Brock "aye", Cott, "aye", Miller
"aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry
"aye". Motion carried unanimously.
C. The Council considered adoption of an ordinance
authorizing the City Manager to execute an amended agreement with
the Denton Chamber of Commerce to expand the scope to include
coordination of special studies, research and analysis.
Linda Ratliff, Economic Development Coordinator, stated the
proposed ordinance provided for an amendment to the economic
development agreement. The amendment added an item which charged f
the chamber with the duty to conduct a marketing study as agreed }
urn,by the City and the Chamber. This would allow tLe Chamber to
enter into a contract with a consultant to perform the competitive
.f analysis study, It also provided that the amount would not exceed
i'. $25,000 to reimburse the Chamber one-half of the cost.
The following ordinance was consideredi
jk
NO. 94-137
AN ORDINANCE OF THE CITY OF DENTON$ TEXAS, AUTHORIZING THE
CITY MANAIER TO EXECUTE AMENDMENT NO. 1 TO AN AGREEMENT
{ BETWEEN THE CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE
FOR THE PURPOSE OF PROVIDING FOR A PROGRAM TO PROMOTE ECONOMIC
1
r-
1
ApndaNo
City of Denton City Council Minutes AgendM
August 2, 1994 [?diB •
Page 14 / ~ w 7 Z
HORIZIUG THE EXPENDITURE OF FUNDS THEREFOR)
DEVELOPMENT) AUT
AND PROVIDING AN EFFECTIVE DATE.
k
Perry motioned, Smith seconded to adopt the ordinance. on roil
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", chlaw
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
D. The Council considered adoption of an ordinance
authorit3ng a compromise settlement agreement in grown v. City.
The following ordinance was considered:
NO. 94-138
AN O.::INANCE OF THE CITY OF DENTON, TEXAS, APPROVING AND
I AUTHr;!ZING THE CITY MANAGER TO EXECUTE A COMPROMISE AND
SE'CTL.MENT RELEASE OF ALL CLAIMS IN THE MATTER OF W. LAMONT
BROWN AND ANNE BROWN V. JAMES DARRELL MAYSE AND CITY OF
DENTON, TEXAS; AND DECLARING AN EFFECTIVE DATE.
Perry motioned, Smith seconded to adopt the ordinance. on roll
l vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye".; Motion carried
unanimously.
E. The council considered adoption of an ordinance accepting
the dedication from N.W. Realty, Ins., approximately 0.569 acres of
J ]and needed for street and utility purposes in conjunction with the "
'extension of Morse Street. (Planning and Zoning Commission 1
recommended approval, 5-06)
Frank Robbins, Executive Director for Planning and Development,
stated that when the plat was approved, the driveway and street
were off-site and not part of the plat. In order for the J
development to continue access to Woodrow, the property must be
dedicated to the City.
The following ordinance was considered:
NO. 94-139
ii AN ORDINANCE ACCEPTING THE DEDICATION FROM F.W. REALTY, INC.,
t OF APPROXIMATELY 0,569 ACRES OF LAND, SI'T'UATED IN THE M.
AUSTIN SURVEY, NEEDED FOR STREET AND UTILITY PURPOSFS IN
CONJUNCTION WITH THE EXTENSION OF MORSE STREET, AND DECLARING
AN EFFECTIVE DATE.
f '
. Ul'd•iYw:N9MC•L JC'a,.. r N, 4
AgendaNo
► City of Denton City Council Minutes Agendas
li August 2, 1994 Date
Page 15
Chew motioned, Perry seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott "aye", Miller "aye", Smith "aya", Chew
Pays", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
F. The Council considered adoption of an ordinance vacating
n certain public utility and drainage easement recorded in volume
28650 page 0152 of the real property records of Denton County,
Texas for the proposed East Oaks Phase II located east of Audra
Lane. (The Planning and Zoning commission recommended approval, 6-
0.)
Frank Robbins, Executive Director for Planning and Development,
stated that this was a vacation associated with a subdivision. Oak
Valley was now a dedicated street so that the drainage had be to
dealt with as part of the street construction. The northern
easement was being replaced with a similar easement.
The following ordinance was consideredt
NO. 94-140
AN ORDINANCE VACATING A CERTAIN PUBLIC UTILITY AND DRAINAGE
EASEMENT RECORDED IN VOLUME 2865, PAGE 0152 OF THE REAL
PROPERTY RECORDS OF DENTON COUNTY, TEXAS= AND PROVIDING FOR AN
EFFECTIVE DATE.
Chew motioned, Cott seconded to adopt the ordinance. On roll vote,
Brock "aye", Cott; "aye", Miller "aye", Smith "aye", Chew "aye",
Perrryy "ayeand Mayor Castleberry "aye". Motion carried I[
i unanimously.
0. Tha Council considered adoption of an ordinance
temporarily prohibiting the parking of vebicles on both sides of
Carroll Boulevard from its intersection with Fain Street to its
intersection with Headlee Street portions of Denison Street,
portions of Bolivar Street, a portion of Ross Street, a portion of
Strata Drive, and a portion of Fain Street, said streets being
1. located around the North Texas State Fairground, during the annual
North Texas State Fair and Rodeo to be held from August 19, 1994
through August 28, 1994.
City Manager Harrell stated that staff had recommended approval of
this no parking zone and it had been endorsed by the Traffic Safety
i Commission last evening.
Council Member Killer asked if the Fair was still requesting this
issue.
i
F ..YtM
""eel
aQertCaNo 3
City of Denton City Council Minutes
August 2, 1994 AQBRQaIS
Page 16 DaS3_
r
/ o?7 Z
City Manager Harrell stated that the request had not originated
with the Fair Association. It originated last year from the
neighbors and this year, staff brought the issue to the Traffic
Safety Commission.
Council Member Perry felt that the parking restriction was very
effective and useful last year.
The following ordinance was consideredt
NO. 94-141
I AN ORDINANCE OF THE CITY OF DENTON, TEXAS, TEMPORARILY
PROHIBITING THE PARKING OF VEHICLES ON BOTH SIDES OF CARROLL
BOULEVARD FROM ITS INTERSECTION WITH FAIN STREET TO ITS
j INTERSECTION WITH HEADLEE STREET, THE WEST SIDE OF DENiCON
STREET FROM ITS INTERSECTION WIrd UNIVERSITY DRIVE TO ITS
INTERSECTION WITH SHERMAN DRIVXt THE EAST SIDE OF DENISON
STREET FROM ITS INTERSECTION WITH SHERMAN DRIVE TO ITS
INTERSECTION WITH HEADLEE STREET, THE WEST SIDE OF BOLIVAR
STREET FROM ITS INTERSECTION WITH SHERMAN DRIVE TO ITS
INTERSECTION WITH FAIN STREET, THE SOUTH SIDE OF ROSS STREET
FROM ITS INTERSECTION WITH CARROLL BOULEVARD TO ITS
INTERSECTION WITH BOLIVAR STREET, THE NORTH SIDE OF STRATA
DRIVE FROM ITS INTERSECTION WITH CARROLL BOULEVARD TO ITS
' INTERSECTION WITH MESQUITE STREET, AND THE NORTH SIDE OF FAIN
STREET FROM ITS INTERSECTION WITH CARROLL BOULEVARD TO ITS
INTERSECTION WITH BOLIVAR STREET DURING THE ANNUAL NORTH TEXAS
STATE FAIR AND RODEO TO BE HELD FROM AUGUST 191 1994 THRO'T.-H
k AUGUST 290 19941 PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR PUBLICATION THEREOF; PROVIDING FOR A PENALTY NOT TO EXCEED '
TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE.
III{ Chew motioned, Perry seconded to adupt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Ferry "aye", and Xayor Castleberry "aye". Motion carried
1 unanimously.
I H. The Council consider adoption of an ordinance prohibiting
3 parking of vehicles on the north side of West Mulberry Street from
its intersection with South Carroll Boulevard to its intersection
4 with Bernard Street. (Traffic Safety Commission recommended
approval.)
Rick Svehla, Deputy City Manager, stated that the item had been
approved by tte Traffic Safety Commission and started as a request
from area neighbors. Originally the request had been for an 8100
a.m.-5:00 pen. time frame but was anended by staff for a 24 hour
i
~ 1
i
AgendaNo 9 wo_
City of Denton city council minutes A9eodait
August 2, 1994 (JeS9 -
Page 17 170 7Z•
time period. Staff had recontacted the neighbors regarding the
amended time frame and the Traffic Safety Commission recommended
approval.
Council Member Smith asked if there would be adequate parking for j
the tenants of the surrounding apartments.
Svehla replied that the building code required certain amounts of
parking depending on the size of the complex. He understood that
there were three apartment complexes in the area and all had that
kind of off-street parking. Parking had been part of the
discussions and the owners were in favor of the proposal.
Lars Anderson stated that he had signed a petition as it was
originally sent around the neighborhood. Most of the residentis
concerns were with student parking. if the no parking were
striotly on the south side of Mulberry, all parking would be
eliminated all day long for his business. At times he did not have
enough parking spaces for funerals and needed the off-site parking
on ths,street. Some retirement homes needed the parking on the
l street for tneir elderly patrons. He was in opposition to the
proposal as it stood as it would hurt his business for parking.
The following ordinance was considered:
NO. 94-142
AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON-THE NORTH
SIDE OF NEST MULBERRY STREET FROM ITS INTERSECTION WITH SOUTH
CARROLL BOULEVARD TO ITS INTERSECTION WITH BERNARD STREET WHEN
SIGNS ARE POSTED; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00)1
PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE
DATE.
Cott motioned, Perry seconded to adopt the ordinance. On roll
vote, Brock "nay", Cott, "aye", Miller "aye", Smith "nay", Chew
"nay", Perry "aye", and Mayor. Castleberry "aye". Notion carried
with a 4-3 vote.
1. The Council considered adoption of an ordinance amending
portions of Chapter 18, Article III, relating to the designation of
parking spaces for the exclusive use of disabled persons at the
Denton Municipal Complex located at 601 E. Hickory Street. (The
Traffic Safety Commioiion recommended approval.)
Bruce Hennington, Facilities Manager, stated that this ordinance
would deal with the disabled parking at the Denton Municipal
s
f
i
~:,"i..filf YlC:~.i/..4::;a f.Al✓.D'+J:at-0Il...: :•*.G.: r ♦ "J'..
.Mti
agetld3No
0
City of Denton City Council Minutes rr,
August 2, 1994 f~a19 f?i
page 18 " D u
1
E
d to
Complex. At the Council's planning seminar staff was dThereewere
proceed immediately with the no parking at the Complex,
two parts of the ordinance and at the at uthel/Complex meeting w uld be
ordinance dealing with no parking
considered. He reviewed the parking designations for the no
parking areas and for the disabled parking areas.
provide A accesssibilityt8 for the
Council and did the Smith City have aout the
College an
Hennington replied that there was an elevator for the upper floor.
E Council Member Smith asked about parking for the disabled.
Hennington replied that the parking across the street met the r,
requirements to be within 200 feet of the building.
The following ordinance was consideredr i
NO, 94-143
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS
OF CHAPTER 180 ARTICLE III, RELATING TO THE DESIGNATION OF
PARXINU SPACES FOR THE EXCLUSIVE USk OF DISABLED PERSONS UPON
PUBLIC PROPERTY) PROVIDING FOR A REPEAL OF ANY ORDINANCE IN
CONFLICT THEREWITH) PROVIDING FOR A SEVERABILITY PROVISION;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $200.00 FOR
VIOLATIONS OF THE PROVISIONS HEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
Perry motioned, Smith seconded to adopt the ordinance. on roll ;
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"ayePerry "aye", and Mayor Castleberry "aye". Notion carried
unanimously.
J. The Council considered adoption of an ordinance amending
the Chapter 19 of the Code of Ordinances; providing for terms of
office for municipal judges; and providing for a transcript fee.
City Attorney Drayovitch stated that this ordinance ratified the
one
action taken by Council at the prior meeting which appointed
L municipal judge and two assistant municipal judges for two and one
year terms respectively. This action would be placed in the Code
of ordinances and also authorized a transcript fee for the
preparation of transcripts during appeals.
~ i
The following ordinance was considered;
i
i
Ku;ry
1
qy- i
agendaNo
1
City of Den ton City council Minutes BdaFt1` ~ ZZ u
August 2, 1994
Page 19 q' p$
r
L N0. 94-144
TEXAS AMENDING
AN ORDINANCE OF THE CITY OF DENTON, r CHAPTER 19
OF THE CODE OF ORDINANCES1 PROVIDING FOR TERMS OF OFFICE FOR
MUNICIPAL JUDGES= PROVIDING FOR A TRANSCRIPT FEE= AND
PROVIDING FOR AN EFFECTIVE DATE. roll
Perry motioned, Smith seconded to adopt "the"orsmithc "aye~,~ Chew
vote, Brock "eye", Cott, "aye", Miller aye ,
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
The Council considered adoption of an ordinance
authorizing the City Manager to execute a supplemental agreement
between the city and Missouri Pacific Railroad Company for 4
additional parking on Railroad Avenue.
Bruce Hennington, Facilities Manager, stated that the agreement
would allow the City to obtain more land for parking on the
railroad side on the building. The City currently leased property
E from the Railroad and this agreement would obtain more property
4 north of the existing lot.This with North C ntral Texas k
b more spaces and a possible
Community College to lease
roved those
the agreement and slater uwouldrpave
the lot if Council approved
those spaces. S
The following ordinance was considsredc
NO. 94-145 1
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
CITY MANAGER TO EXECUTE A SUPPLEMENTAL AGREEMENT BETWEEN THE
PROVIDIN PACIFIC AN EFECTIVE DATE PANY FUR
CITY OF DM PARKNING D AND MISSOURI
ADDITIONAL
y Smith motioned, Brock seconded to adopt "the"ord~iinat~c . On roll "aye", Chs)w
i "aye Brock ""aye", Cand,Mayor Castleberry "aye". Motion carried
aye , Perry unanimously.
7, Resolutions
A. The Council considered approval of a resolution approving
the submission of a proposed project to the North Central Texas
Council of Governments and the Texas Department of Transportation j
as a candidate for statewide Transportation Enhancement Program
funding.
r
I
r--
AgertdaNo ~
City of Denton City Council Minutes Agenda
August 2, 1994
Page 20 ~t9
Rick Svehla, Deputy City Manager, stated that the grant would
submit Denton City Hall West for a sprinkler system.
The following resolution was considered:
NO. R94-035
A RESOLUTION APPROVING THE SUBMISSION OF A PROPOSED PROJECT TO
THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS AND THE TEXAS
DEPARTMENT OF TRANSPORTATION AS A CANDIDATE FOR STATEWIDE
TRANSPORTATION ENHANCEMENT PROGRAM FUNDING? AND PROVIDING FOR
AN EFFECTIVE DATE.
Smith motioned, Brock seconded to approve the resolution. r
i
Mayor Pro Tom Brock suggested that letters of support for the grant
be included with the grant.
Svehla replied that they would be receiving letters from Main
Street pnd the Historical Commission and could use letters from
individuals as well.
On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
B. The Council considered approval of a resolution
appointing Tom Harpool to the TMPA Board of Directors.
City Manager Harrell stated that this resolution would ratify
earlier action by the Council.
The following resolution was considereds
F
NO. R94-036
A RESOLUTION APPOINTING TOM HARPOOL TO THE BOARD OF DIRECTORS
OF THE TEXAS MUNICIPAL POWER AGENCY; AND DECLARING AN
EFFECTIVE DATE.
Chew motioned, Smith seconded to approve the resolution. On roil
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
i
C. The Council considered approval of a resolution
recommending University Drive as the site for placement of the 1993
Governor's Community Achievement Award landscaping grant.
k~
id
f
1
i
5
9
" AgeadaNo %d 83
City of Benton city council minutes Agoadai~
August 2, 1994
Ddt9
Page 21
V0 7a
Cecile Carson, Community improvement Coordinator, etated that this
was a confirmation to be sent to the Department of Transportation
concerning the placement of the $100,000 Award that the City of
Denton received in 1993 for being first place in the Governor's
Community Achievement Award. In Soptem O 1993, the Keep Denton
Beautiful Board and the City Council met in a joint session to
discuss possible locations for use of the grant and University ;
Drive was identified as the location. Since that time, staff had
been working to identify the location which specifically would be
included and to also verity that the funding could be used in that !
location. There were four areas to be included in the $1001000
4 award. The first was west of University Drive at the median area.
At this time it was unsure whether the landscaping would be placed
only in the median or in both of the triangular areas as well. It
was hoped that some of the landscaping could be used in some of the
triangular areas as well. The second area was the median east of
Cornell Strut to be built following the expansion of University
Drive. The third area was the intersection of Hinkle and
University which would leave an area for visibility and
landscaping. The fourth area was a change from the current
o:nstruction as the current crossover would be changed. Shrubs and
seasonal flowers would be planted for vehicle viability until the
crossover was removed. The Department of Transportation had
started some preliminary planning on this request. It was their
hoped to have the drawings and conceptoial plans to the City in
October and begin construction March of 1995. It might be
necessary to have the City assist in moving dirt and other
materials and those arrangements had been made.
The following resolution was considered: I
NO. R94-037
A RESOLUTION RECOMMENDING A LOCATION FOR THE STATE DEPARTMENT
OF HIGHWAYS AND PUBLIC TRANSPORTATION LANDSCAPE GRANT AWARD;
AND PROVIDING FOR AN EFFECTIVE DATE.
Smith motioned, Perry seconded to approve the resolution. on roll
voto, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
e. The Council considered appointments to the committee in charge
of selecting a consultant for a Competitive Analysis Study.
City Manager Harrell stated that in the agreement approved by
Council which the Chamber of Commerce would execute with their
consultant, it was noted that the consulting firm as well as the
1
I
City of Denton City Council Minutes AgandaNo 9 4/-0 3 3
August 2, 1994 Ardalt Z
Page 22 e 4-&
final scope of services would be agreed on by a committee composed
of four members of the Chamber and tour members appointed by the
Council.
Council Member Smith nominated Mayor Castleberry, Council Member
Miller, Mayor Pro Tem Brock and Betty McKean to the Committee.
On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
90 The council received submission of the effective tax rate and
rollback tax rate,
Kathy DuBose Acti
, nS :-ecutlve Director for Finance, stated that in
aocordance with the Truth in Taxation requirement under the
Property Tax Code, a taxing unit was required to publish notice of
i the effective tax rate and the rollback tax rate. The effective
rate was that rate based on the updated values of properties from
{ the current year that would generate the same revenue in the
upcoming year. The rollback rate was based on an 8% increase in
thi rate categorized for operations and maintenance. A taxing unit
also had to publish notices and hold hearings if a proposed tax
rate exceeded the lower of three percent over the effective tax
rate or the rollback rate. Based on the certified appraisal roll
and an updated sales tax estimate from the State Comptroller's
Office, the certified effective tax rate was $.5689 per $100
valuation, thA rollback rate was $.5947 per $100 valuation and the II'
notice in hearing rate was $.5859. She compared the certified I
appraisal rolls over the past several years. From 1967.1993 there
was only one year which had an increase in value. The proposed
budget was based on a 1 1/2t decrease. The certified roll came in
2/318 of a percent higher than the preliminary roll. Based on the
updated sales tax figures and property tax variables, the
preliminary effective tax rate was recalculated at $.5821. The
certified rate was 1 1/1 cents under that updated number.
City Manager Harrell stated that when the City went to the voters
for a sales tax Increase, it was pledged that if the sales tax was
p
Because of assed, property taxes would be decreased by approximately 20%.
budget which wase under the effective tax ate, the reduction would
be greater than 201 and might possibly be reduced to 24.51 or 25%.
10. The Council received submission of the certified collection
rate.
Harlan Jefferson, Treasurer, stated that the State Property Tax
a.:
i
~y
City of Denton City Council Minutes
August 2• 1994 Aloonda Rol
O3 -
Page 2
Aganda►te
Dale
Code required a certified collection rate used to Calculate the 72-
effective tax rate. That figure was 100%. At the end of the last
fiscal year, 97.951 had been collected of the current year taxes.
At the end of July 1994, 97.94; had been collected. It was felt
that the collection rate could be at as it included current taxes
plus delinquent taxes, rollback taxes, and penalty and interest.
' 11. The Council considered an appointment to the Cityss Data
Processing Advisory Board.
Mayor Castleberry stated that the nomination of Bruce Mitchell had
J been made at the last meeting.
~ f
On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", I
chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
12. Vision Update
Council Member Miller stated that the Cabinet had had a meeting in
the morning. The impact groups continued to meet with positive
results and they were getting ready for the October meetings when
each group would make public reports on their progress. The
Cabinet recognized the need to communicate very closely with the
$*pact leaders so that the information from the groups carried
through to all groups. A specific meeting would be established on
August 15 for the purpose of having the impact leaders discuss with
the Cabinet their needs and wants.
13. Miscellaneous matters from the City Manager.
A. The Council returned to work Session Itcm 04.
I
4. The Council considered amendments to the City Council Rules of
Procedure.
City Attorney Drayovitch stated that Article 10.1
any provision of the rules not governed by the City Charterdor Code
` might be temporarily suc ended
section 2.1lso provided thaty any majority vote of the Council. rule governed by the City Charter or Codo ightvbe temporarily suspe
s not
nded
by the affirmative vote of four members of the Council. It was
felt that this was an unintentional duplication of the rules. one
other item which the Council requested was the feasibility of
adopting rules similar to the City of The Colony regarding tie
votes. The City of The Colony had adopted a rule which provided
that patters voted on by the city council which ended in a tie vote
automatically were bought back before the City council for action
.ow j
4uwtMq
city of Denton city council minutes Ag"A NO
August 2, 1994 AAendal
Page 24 Date
?°1 7Z
at the next meeting in whic): a full council would be present.
The Council's current rules provided for temporary suspension by '
! four Votes of the Council.
Council. Member Cott asked about the provision allowing two people
III within two hours to call a meeting.
City Attorney Drayovitch stated that that was City Charter Section
4.4 in which in the case of emergency or urgent public necessity,
an emergency meeting could be called by the Mayor, the city "anager
or three members of the Council and post such notice two hours
before the meeting.
Council Member Cott asked what could be discussed at such a
meeting.
City Attorney Drayovitch stated that the rules did not indicate {
what could be discussed but the Open Meetings Act provided that the
emergency had to be something unforeseen. It could not something
which was forgotten to be put on an agenda. The emergency had to
be an unforeseen situation in order to take action.
Council Member Cott asked about a quorum at that meeting.
City Attorney Drayovitch stated that the Charter provided that a
ma orit of the Council was which would be four members. n If there wto pass any ere a conflict iofaintetest
then only the members without conflict would constitute a gr,orum
and the majority would change.
Council Member Perry asked if there were a way to deterrine the j
spirit of Article 10-1. Was this an accidental duplication or was
it done on purpose.
City Attorney Drayovitch stated that it could be researched again
but that the opinion was that the original rules were adopted
approximately 12 years ago and wezi patterned after another city$s
rules which lead to a duplication.
Council Member Miller felt that the tie vote issue needed to be
considered further. The Council had been inconsistent in the past
on this issue.
Cit Attorney Drayovitch stated that the current rules provided !
that any amendments to the rules needed to be introduced at one
meeting and voted on at a second meeting.
Consensus of the Council was to return with all of the amendments
t
i
YflR]
AcmAN0
~f AgenCity of Denton City Council Minutes Date G
August 2, 1994 r,r~ 7 2
Page 25 pG~
at a future meeting.
Be Next Tuesday's meeting would begin at 4:00 p.m. }
C, The next quarterly meeting with the DISD was set for
Wednesday, September 14, 1994. The City would be hosting the
b meeting at the Denton Municipal Complex.
D. Hickory Creek Road was completed before the start of the
school year.
Session. on the Executive Session
' item There was no official discussed during the action taken
15. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Council Member Chew requested that the Council revisit
tho roadway solicitation issue.
B. Mayor Pro Tom Brook suggested a discussion of Council
uembership on its various committees.
C. Council Member Miller suggested a work session item
regarding the appointment process of Board/Commission members in
open session and suggested a resolution be sent to TML to ask TML
z to request a change in the law.
Do Council Member Miller asked for a work session its* to
consider establishing a task force to consider the issue of fire
coverage for the downtown area.
16, There was no Executive Session held during the Regular
Session.
i With no further business, the meeting was adjourned at 9:15 p.m,
j, BOB CASTLEBERRY, MUY R
CITY OF DENTON, TEXAS
i
JENNIFER WALTERS
CITY SECRETARY
CITY OF DVTON, TEXAS
ACCO0200
j, `
rc~
AaandaNo 'Z
Agendala
We
CITY OF DENTON CITY COUNCIL MINUTES Z j
August 9, 1994 ns
The council convened into a Special Called Session on Tuesday,
August 9, 1994 at 4:00 p.m. in the City Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tom Brock; Council Members
Cott, Perry, Miller and Smith.
ABSENT: Council Member chow
1. The Council considered a request for an exception l,om the
noise ordinance for the North Texas State Fair and Rodeo, August
19-29, 1994, at the North Texas Fairgrounds.
to the city Manager, stated that this request was a
Joseph Portugal, Assistant
reconsideration of a prior request from the last
Council meeting. The changed hours were August 22-25 until 10.30
p.m.; Sunday, August 21 until 10:00 p.m. and Sunday, August 28 from
1100 p.m. until 4100 p.m.
council Member Miller stated that the exception on Sunday, August
:1 would be from 1:00 p.m.-10:00 p.m.
Portugal replied correct.
Belinda Martin stated opposition to the request. She did not feel
it was fair to allow the Fair to go until 10:30 p.m. as the Fair
went longer than that period of time. She knew the Fair was
located near her home when she bought it but the events were not
+ every day or every veekend. she asked that the Council consider
the neighbors and not grant the 10830 exception.
Bob Powers stated that the Board had altered the hours of the I
a request and asked the Council to approve the request.
Miller motioned, Brock seconded to approve the request.
Council Member Perry stated that he had, on a number of occasions,
called attention to the intrusion of noise into the area homes
which was an intrusion to a basic constitutional right. He had not
changed his mind from the prior meeting regarding the exception.
He appreciated the attempt by the Fair to correct some of the
problems and anticipated working in the future with the Fair Board
f to further correct those problems. It was felt that something
could be done regarding the weekly events at the Fair and the noise
{ which they produced.
I Council member Smith appreciated the action of the rair by altering
their request. She felt that cooperation was the key to the
solving of the problems. She felt that the Fair Board was
seriously interested in cooperating with the community,
neighborhood, and future Councils. She hoped that everyone could `
k
I
:
.rr
c+tY+
k
ABondaNo a
Agendaite Q
City of Denton City Council Minutes QdtB
August 9, 1994
Page 2 j703 7 2-
work together to reach a solution to the problem.
}
on roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye",
1 Perry "nay", and Mayor Castleberry "aye"• Motion carried with a 5- j
1 vote. 3
2. The Council received hearings reports and held discussions regarding
the following budget
Lloyd Harrell, City Manager, stated that this budget was one of tho
This was due
Moat optisiatic budgets presented in sweral yea ove the increased
to the fact that the Denton cititens voted to app tax by
ales tax which proximately 25%r.o~A,second reason w sithat the budgetallowed for
some progress on backlogged city needs in the area of capital
1 ap
improvements and one time expenditures. The concern with the
' County ambulance funding appeared to be taken care of which might
At this meeting department
have caused a mayor budget problem.
directors would present their budf budgets Councilfiand wind
concentrate on new packages proposed year.
hearing sessions to complete
August 16th and August 23rd would have work
udqet
the department presentations. The public far public hearing
would be held on August 23rd and following the
would
also budget discuso30th s ithethe hold. budget cbalancinq session on
held on August
rate®would be considered at the Septumber 13th meeting~iated tax
~itv Service8
9AWXA1-92 - Joseph Portugal, Assistant to the city
Manager, stated that packages suggested for the City Manager's
office included a lap top computer for the Ci age cretar ' ice fice,
dictation equipment for the City
Administrative intern from the Cr)unoil of Govornments, and a
citiien survey.
E Richard Foster, Public information officer, 5iresented the budgets
The
for the Public Information Office and for cable television.
cable television budget had previously been included in the
Community services budget and thir. was the first year it would be
a separate budget. The budget inolyded dollars for an
uninterruptable power supply and funding to continue the present
level of service to broadcast wo,:x sessions, regular sessions and
the bulletin board service. The 'ending level did not include any
expansion or enhancement of aervl~.3. There was a package included E
in the proposed budget which would allow for further televising.
i
4IVM rA i/~
Agend"0 qy'
City of Denton city council Minutes 49vdalte
August 9, 1994
Page 3 Ca'e
285 72
l
Council Member Cott stated that he had a problem with the Vision
budget in that many city people were being used in the budget and
t
not he ultimate goal of the project. He also had a problem as he did l
othersefelte Council
the valuable concept tool
related to Denton.
as it
City Manager Harrell asked if he needed information concerning why
the City was a member and how much It cost, etc.
i
Council Member Cott replied correct. If the city were heavily
involved in NCTCOGO how could the City fight those cities for
competing Misinesses. He was not comfortable being part of an
organization which might, at any moment, be a competitor.
t
i Mayor Castleberry Indicted that staff would provide Council with '
additional information regarding those issues.
I City Manager Harrell stated that NCTCOG had a wide range of
responsibility, most of which did not deal with economics.
Council Member Perry asked if it would he possible to find out how
many citizens were being reached witis the preserit efforts in
broadcasting including radio.
Foster replied that he would try to answer that question and may be
able to include such a question in a citizen survey.
Legal - Debra Drayovitch, City Attorney, stated that major
division objectives included the implementation of the legal {
procedures necossary for the Court of Record. three packages
requested included a computer for the office, ten n.iditional hours
for an Assistant City Attorneys and $25,000 for an expert outside
attorney to work with the proposed zoning ordinance.
1
!t nioi_Dal Ju~~e - Sandra White, Municipal Judge,
program description for the office of the Municipal Judresented the
ge plus the
goals and objectives for the office. Packages submitted for
funding included a restoration of services relating to telephone
service and additional computer supplies for their new computer.
She also had additional packages which were requested but not
recommended for funding.
i
Council Member Cott asked who priced all of the outside income such
as fines.
White replied that she did.
a
1
R .
p S
{ City of Denton city council Minutes Ag@~dalte
. '9
August 9, 1994 Date-J06
Page a 7
2
Council Member Cott asked if the fines could go as high as she
wanted.
White stated that she could go as high as the particular law would
allow. Some laws had a minimum and maximum amount of fine.
Council Member Cott asked if her pricing philosophy was to go as
high as she could.
White replied no. Normally a yearly survey was done of other courts
[ and their fine ranges. Currently there was a window fine range
! which dealt with those standard cases. Once the Court heard a case,
the amount of fine would fluctuant from the neutral window cost. I
Council Member Cott felt that the taxpayers probably would like to 1
get more from the criminals.
White stated that a higher penalty could be assessed but if it
could not be collected, It did not mean much. Denton's fine
schedule appeared to be in a middle ground.
Council Member Miller asked if the Juvenile Teen Court was included
in any package.
" I City Manager Harrell stated that that would be presented with the
Municipal Court presentation. It was not in the proposed budget at
this time and would have to be considered when balancing, the
budget. Costs for the Teen Court were included in several i
different budgets. f
Council Member Berry asked if the Municipal Judge's budget included IIII
all of the costs associated with the new Court of Record.
White replied yes that everything involved with the Court of Record
was included in her budget. The Court of Record was anticipated in
last year's budget and was included in this budget.
Human Resources - Tom Klinck, Director of Human Be,)urces, j
presented the budget for Human Resources. He detailed tht ervices
provided by the department and reviewed the line items as outlined
in the proposed budget. He also covered miscellaneous items
included in the Human Resources budget which included the Health
Risk Assessment for employees. It was proposed that during the
next fiscal year the amount for the Wellness Assessment be
increased due to projected increased participation and costs for
advertising of the program. Additional Human Resources costs
included Civil service examinations and the Tuition Reimbursement
Program. This category would be on target for this budget and i
11
F ~
ire
City of Denton City Council Minutes AQBlI~aNO
August 9, 1994 AoendaIte S
Page 5 Lyle '
S0~ 7Z
would provide an 801 funding level for employee reimbursement.
Klinck presented the compensation and benefits proposal for the
next fiscal year. The purpose of the discussion would be to review
the market analysis, the compensation proposal for non-civil
service and civil service employees, the incentive pay program
consideration and the benefits proposal and considerations. He
reviewed the market analysis and adjustment procedures used for job
comparisons. Results of the survey indicated that the City was at !
least 101 below area cities. He reviewed the 1993/94 approved $
compensation matrix for employees. The proposed pay-for-
performance increase was a 21 range adjustment for non-oivil
service and a matrix which would provide for an overall 4.61 E
increase. Civil service employees had a proposed 4.61 range
adjustment and an effective date of January 1, 1995. Non-civil
service increases would staggered beginning in January through ;
April.
j
Council Member Miller stated that the last Civil Service increase
was in January of 1994 so that January 1995 was consistent with
those increases.
Klinck replied correct.
Council Member Miller asked for the average increase within the
schedule.
Klinck replied that the average was 4.61.
Council Member Cott asked if industry or education was used for
comparison purposes.
Klinck stated that the adopted philosophy expanded the City's
ability to look at entities other than cities. He detailed a list
of entities which were used when comparing the job familios. That
list included industry arvI education.
I Klinck then presented an incentive program which would provide
immediate recognition and cash awards for exemplary service. The
Public Utilities Board had recommended a different version in last
year's budget. This program would provide a $100 cash benefit.
Three alternatives were suggested for the program. The first
provided $100 awards for 301 of the employees. The second was to
award 401 of the employees and the third was for 501 of the
employees. This program was not included in the proposed
compensation for the budget.
1II
1 j
A;.
a
pgertdaMo L
City of Denton city council minutes Agendalte
August 91 1994
Page 6 Date '
7Z
City Manager Harrell stated that this program continued to be
strongly for sa minor co t the
the Public
department s maBoard. nagers The
w would a have felt a
flexibility to present an immediate award for a job done above a
normal work load. The proposed budget might have some flexibility
for Council to revisit this issue for the next fiscal year.
Mayor Pro Tom Brock asked about the issue of incentive pay as a
z form of payment for a job already done. A legal opinion was that
an employee could not be paid for a job already done. She felt
that Council needed to look at the legality of this issue.
City Manager Harrell stated that last year staff had done much work
to structure the program to get past that problem.
Klinck reviewed the guidelines which would be used to determine who
would receive such incentives. Indications were that the health 3
insurance increase would be recommended at 8% with a cap at 9t.
More would be known Ii, the future regarding the total amount of
increase. There was also a consideration of a 74 2-1 TMRS
Compensation which was not included in the proposed budget. Denton
was one of the few cities in the area still at 6t but due to the
j high cost associated with this proposal it was not included in the
proposed budget.
Council Member Miller asked about the negotiations to have Denton
Regional as a second hospital for City employees and the addition
of medical practitioners to the program.
Klinck stated that 37 new providers had been added !.n the
Denton/Lewisville area and 31 of those 37 were in Denton.
Megotiations continued to allow Denton Regional to be used for
services not provided at MCA.
Council Member Perry stated that many of 31 physicians added were
primary care physicians.
Klinck stated that 30 of those added were family practice
physicians end 21 wore specialists. some of the doctors were slow
n responding to the necessary paperwork to be included on the
plan,
Mayor Castleberry stated that it was important to see if Denton
Regional could assist with those cases which HCA could not handle.
E rinono
Administration - Kathy DuBose, Acting Executive Director for
l
i
d
z-
r
R '
AO:t
Ci ty of Denton City Council Minutes AOenAugust 9, 1994
Page 7 Date
3~Qa 7Z.
Finance, presented the Administration, Internal Audit, Accounting
j and Budget operations. She detailed the duties of the rinance
Administration division. The proposed budget was 1. a •n the
current year budget in the services area. One package inoluc`.d was
' maintenance for office' equipment. The Internal Audit budga%, was
also less than the current budget due a long term employee who
resigned. There were no significant changas in that budget for the
upcoming year.
Council Member Cott asked if the internal audit program attempted
to increase the number of hours of internal audit over a period of
years. tt
DuBose stated that the program looked at the operation and
endeavored to streamline department.
Council Member Cott stated that the external auditor would be used
for outside work.
j DuBoso stated that an external audit was done on an annual basis.
+ The Internal Auditor assisted with that audit.
Council Member Perry asked if the internal Auditor handled grants►
4
etc.
Dose stated as an oversight function only. There was an
individual which worked with the handling of grants and grant
recipients.
Mayor Pro Tom Brock asked if the City was required by law to have
an annual audit by an outside firm.
City Attorney Drayovitch stated that the City Charter required such
an outside audit.
f DuBose reviewed the Accounting and Budget
operations budget for the
{ next year and detailed the operations of the division for the prior
year. There would be no major rhangen in this budget for the next
year. She also reviewed miscellaneous and non-departmental issues
such as human services funding. SPAN, salary adjustments, dues and
publications for the entire city, tuition reimbursement, and hotel
occupancy tax allocations.
Council Member Cott asked if the hotel occupancy tax was in total.
DuBose replied yes that the figure included all entities which t
received funding. Other non-departmental expenses included i
insurance, audit expenses, and unemployment insurance. `
r,
rm!
1
tr
City of Denton City Council Minutes Agenda No
August 9, 1994
Page 8 Agendalt
9
~ L12t9 ~
i11 S ~ 7~
I Purchasing/Warehouse - Tom Shaw, Purchasing Agent, presented
the purchasing/warehouse budget. There were no changes in the
purchasing budget for the next year. The only proposed addition
was a CRT for his office. The warehouse budget was separated from
the working capital budget for the next year. The warehouse budget
would show a decrease in sale of scrap material as it would be
included in the utility budget. There was a new line item of "cost
of goods sold" which was an item designed to assist with
determining what was ordered and what was sold to other
departments, A requested package included a request for a courier
service individual. This position would be funded through a 14
surcharge increase to using departments of the warehouse. This 1
individual would pickup and deliver copies, office supplies, memos, I
etc. which was currently done by warehouse personnel.
Council Member Cott asked if the $4 million cost of goods sold was
margin.
f Shaw replied that it was an estimate on what was thought to keep
the warehouse stocked for resale to the departments.
Council Member Cott stated that sales were approximately $4
million.
City Manager Harrell stated that the warehouse was a revolving fund
so that sales made byy the using departments had to cover the
expenditures for running the warehouse. It had to be a self-
supporting fund and would always bring in enough revenue to cover i
I expenditures.
Treasury operations; - Harlan Jefferson presented the customer
service, treasury, cashiering, tax municipal court and motor pool
budgets.
Customor service duties were detailed along with the work load
measures. An impact on the budget would be a restructuring of
personnel and a package submitted for an increase in postage due to
t: 111 the proposed increase of postal ratos in the future.
Treasury operations dealt with cashiering and cash management of
tha City. There were no major increases in this budget and no
packages submitted.
The Tax Division duties" were presented. As of August 5, 19940 the
City had exceeded a 5184 collection rate. The delinquent tax
collection had been decreased due to an increase in tax collection.
A major change included a new skip-tracer technique. There were no
other changes in this budget from last year.
I
~e
Agenda 4
Agendalt
~5 ~ r
City of Denton City Council Minutes I9
~f
August 9, 1994
G 7Z-
Page 9 u
The Juvenile Diversion Task Force recommovdations were prevented
with the Municipal Court budget. The recomtiendations included the k
establishment of a Teen Court program; the %se of Youth and Family
Counseling service for at-risk youth; and the creation of a
juvenile crime interagency coalition. Costs associated with the
teen court was approximately $20,000, for the Youth and Faioily
Counseling Service was $27,000 and no cost for the coalition.
Council had directed staff to hold discussions with the other
taxing jurisdictions regarding possible funding for the program.
Staff was scheduled to go before the DIED Board to try and obtain
a commitment. There was an anticipated decrease in revenue of
approximately $3,300 due to the participation in the teen court
rather than paying the fines. There was no budget associated with
this program.
Council Member Miller asked if the increase in dismissal costs was `
due to the Court of Record.
i Jefferson replied correct.
I City Attorney Drayovitch stated that it was the fee for deferred
adjudication.
Jefterso3 stated that the cases had been going to the County and
now would be coming to the City.
i Council Member Miller stated that expenditures would be going up
and there would be a drop in funding from the general fund due to
the Court of Record.
Jefferson replied correct that the general fund would have to pay E
long.
Council Member Cott asked it the other taxing jurisdictions did not
wish to partioipate, would the Teen Court program still proceed.
Jefferson replied that that would be a council decision and also a
Council decision as to what level to implement the program.
s.' Council Member Cott stated that if a jurisdiction wished to
partioipate, they had to provide funding.
Jafferson replied yes either In-kind services or cash.
Couif the rt budgts for the teen court were
Council Member MillMunioipal er asked
reflected i
-.:,W
AT.~
1
I AQfAd9N0,.L
ki City of Denton city council Minutes 4Beadalie
1►ugust 9, 1994 Mt9j ~ ~ •
Page 10 i S q 7Z-
`7 i,
I
laced in the Municipal
Jefferson replied that it would not be p
Court. It would be a general fund - miscellaneous category.
Council Member Perry asked if there were any other options
available in regards to counseling services.
ions
Jefferson replied yes that staff had contacted other organizations
in Denton about the type of servneeded. T derand ationT g These for programs had submitted proposals
proposals would be presented to the Task Force and Council in the
future. `
Council Member Perry asked it any organized group of practioners {f
approached staff regarding the proposal.
Jefferson stated that the City had approached the services. He
presented the budget for the Motor Pool. This budget was different
urchased through
from other budgets in that vehicles eto would issui g pcertificates of
There as oPP associated with
internal financing
obligation. were no supplemental packages
There
this budget.
Se v! es - Gary Collins, Director of Information
Services, stated that the administration portion of the=budget of
I had a major change in the tracking of performances. es rinted.
11 lines of print, performance was listed in terms ofpacwhich would
Supplemental packages included an overhead projector strategy
attach to PC's for training of software; a long range
serve of information services; and the replacement of obsolete
PCOs in various offices.
Council Member Miller asked if the study would look at the use of
the mainframe.
z CollJ.ns replied yes plus look at personal computer use, notwork
use, mainframe use, use of software and where to go in the future.
council Member Miller asked about Internet costs.
Collins repled for that service t Currently the information
l had been PpP '
was placed on the DNT gopher.
._.~~,t+~e Bervices - Collins staff avarioush departments I
roce&% ng, graphics, etc.
provided word p
req supplemental package for additional disk
throughout the uested
} space had been
tln"A tl
AgmdaNo 9 -
Ape~Oalte
[gate 1 ~ . l.~ • 1
City of Denton City Council Minutes 4 LL n 7 Z
August 9, 1994 J P vo
Page 11
I
QgyolQyment Services
Frank Robbins, Executive Director for Planning and Development,
presented the major division goals and major division objectives
for Planning and Development Administration, Inspections and Main
Street for fiscal year 1994-95. Packages included a fax machine
and a laser printer for the Planning Department) Inspections
proposed a copier, a laser printer, a filing cabinet and a plans
examiner position. These equipment needs were a result of the
anticipated move to City Mall West. The package for Main Street
i was for two phones.
Council Member Miller asked if the projected building in the City
would be the same next year as for this year.
Robbins replied yes with respect to building inspections, there
might be a minor increase over this year.
Drainage
i
Lee Allison, Director of Water Engineering and Operations, stated
that the drainage budget was down by $830 from last year. This was
possible through a reorganization of the department. The supply
budget was increased because dollars were moved from maintenance to
supplies to cover the cost of mosquito spraying materials.
Council Member Miller asked if the budget included any type of
alternate method for weed control.
Allison replied that they would be exploring all alternatives
although the best way to regain control of an area was through
herbicide treatment. over time as the weeds were under control,
other types of grasses could be introduced which would not require
the need for herbicides.
Utilities
I~
L Bob Belson, Executive Director for Utilities, presented an overview
of the utility department's budget. The proposed budget had $96.6
million of revenue and $94.8 million of expenditures. The
Department had 255 permanent employees with a proposal to add two
additional permanent positions and three temporary positions. He
presented an overhead which indicated expenditures by
classification for the utility system. Proposed rate increases
for the next fiscal year included a it base rate increase for
electric and a 1/10 of a cent per Kw increase in the energy cost
adjustment; a 2% water increasel an 8% wastewater increase; a 7.67%
increase in residential solid waste to bring the rate from $11.i5
i
~a
Agen&No
ApenGalte '
City of Denton City Council Minutes
ytg_ f O •y•'~~
August 9. 1994
Page 12 p7G~ ? Z
per month to $12 per month and a 9.951 increase in the commercial
rate with the rate varying from 3-154) and a 20% increase at the
landfill from $5 to $6 per cubic yard for non-city trucks. The yard
warts program would not be changed for the next fiscal year. A
utility rate comparison for the monthly residential bill indicated
that Denton had a monthly charge of $139, Carrollton had a monthly
charge of $138 per month, Flower Mound had a $143 monthly charge
and Lewisville had a $142 charge.
Mayor Castleberry asked if the figures reflected the 84 TU
increase.
Nelson replied that it included the most recent increase. Denton's
rates were proposed while the other survey rates were actual.
I Council Member Miller asked if the lifeline rates were tied into
j the proposal.
Nelson stated that when the half-cent sales tax increase was
there was a
proposed, n concern expressed that some of the customers
on the lifeline rata would have more difficulty than others. The R1
rate was looked at as it was a rate in which not more than 700 Kw
hours were used during summer months. If that rate were lowered by
1/2 cent per Kw, it would equal the anticipated increase in sales
tax for those customers. This proposal was included in the rate
ordinance to be considered at a later meeting by Council. That
reduction represented a 6.34 reduction in that rate from what it
f would be.
Council Member Miller asked if the TasY. Force recommended the
proposal.
Nelson replied that the Sales Task Force endorsed the proposal.
Council Member Cott asked if the non-Denton trucks in the landfill
still had Denton refuse.
fi Nelson replied that some did but many did not.
I
Council Member Cott asked why they were allowed to come in the
landfill.
Nelson replied that it was a combination of service and revenue.
Council Member Cott felt that landfill space was a priority item
and unless there was a good reason, non-Denton trucks should not be j
i allowed in the landfill. He asked if Ytten the Lake Ray Roberts and
fi similar payments were completed, the Uxtra fee rate would come off
I
t
~ ApendaNo ~ y
AAendait 2
Note
City of Denton City Council Minutes 3+7 Z
August 91 1994 O0
Page 13
I
I
the customer's bill.
Nelson replied yes but that would be a long way down the line, at
least 50 years from now. At the end of 2040 and 2050, Denton's
share of the debt service would fall away and Denton would have a
raw water supply available.
Mayor Pro Tom Brock felt that if the City did not accept non-Denton
trucks, it might encourage illegal dumping. There was a
distinction from commercial haulers and the City might charge more
for commercial haulers.
Nelson replied that the actual volume from non-commercial trucks
was relatively small. It would be difficult to administer which
trucks were carrying non-Denton refuse.
Council Member Perry asked if out-of-city haulers were monitored
for hazardous waste.
Nelson replied that all loads were monitored for hazardous.
Council Member Miller asked for a comment on the impact of the
capital improvements made by the City a year ago to meet EPA
requirements which added little to the capacity but added
considerably to the cost.
Nelson stated that of the $9.5 million investment made at the
wastewater treatment plant, about 60% of that expenditure was
directly related the more stringent EPA regulations.
Jim Harder, Director of Electric Utilities, presented an
overerhead which detailed the revenues and expenditures for the
electric fund. This chart was included in the proposed budget
document. The electric budget was changed very little from the
previous year. He reviewed the expenditure/ revenue summary for the
electric division its detailed in the proposed budget document.
Total oxpenditures were estimated at $%1,382,000 for 1993-94 and
$71,332,308 for 1994-95. Total revenues for 1993-94 were estimated
' at $71,992,100 and $72,302,328 for 1994-95. The Department was
requesting two full time personnel - an electronic electrician in
the fiber optic area and an environmental engineer at the power
plant. Seasonal additions would be in the area of distribution to
assist with the safety program and mapping for the line department
and another part-time position in engineering and communications
for summer work.
Mayor Pro Tom Brock asked how the regular personnel would remain
below the 139 positions in 1992-93 even though two positions would
Ad -
Cit} of Denton City Council Minutes late
August 90 1994 3 7 2
Page 14 .
be added.
and thprodu tin department, there was some consolidation in the
Harder distribution replied
eliminated in the metering department.
f Council Member Cott asked why the actual debt service was down and
j total interest was down.
i
Harder replied that that was the City's debt service and not the
TKPA debt service.
Nelson replied that some refunding had been done when the rates f
were low but it was felt that that was all that could be done at
this time.
Council Member Perry asked if there were any plans for electronic
meter reading.
Harder stated that they had studied a pilot plan but that theicosts
were not down sufficiently to begin such it program.
possible to reduce the cost of electronic meter reading below the
cost of hand held meter reading, it would be considered. That was
approximately 5-7 years from now.
Council Member Miller asked about a fiber optic tie in with the
County.
Harder replied that preliminary discussions had been held with the j
City installing the optics. kt this point in time, preliminary
rate structures had been designed but no final agreement. The
County was looking at other entities for a compa_ison of rates.
i Council Member Miller asked if there was a fiber optic system tie
in through the City.
F
f Harder stated that there was an ATiT connection between Dallas and
Oklahoma City. staff was looking at the possibility of connecting
with that system.
City Manager Harrell stated that the staff discussions with the
Count were Before any agreement preliminary ras dfiwere rms looking t berbefore o Council possibilities.
approval.
Water - Lee Allison, Director of Plater Engineering and Operations,
presented the water budget. Rate strategy was to slowly increase
rates in anticipation of Lake Ray Roberts charges. Revenues were
AgendaNo
City of Denton city Council Minutes A06odalt9t V- `
August 9, 1994 6at0 y
Page 15
increasing and built into the budget was a line item for reserves
for economic development and tank painting. Significant elements
of the rudget included an increase in the purchase power, Ray
1 Roberts payments increase and water main increases. Water
production had some regulator compliance expenditures during the
past year. In water Distribution, there was a reduced number of
water main breaks due to the program of water main replacement in
j which existing crews and equipment were used to replave smaller
water mains. This was done in-house as opposed to contracting out
for those services. A work order system was initiated to track the
cost of individual projectu. The Water Metering Department was
using a new meter which apreared to have a longer usage life.
Was ewater - Lea Allison, Director of Water Engineering and
Operation, detailed wastewater collection. Administration had a
small increase as did wastewater collectior with most of the #
Increases in the fixed assets area.
Council Member Miller asked about EPA requirements for treating
chlorine treated water.
Allison replied that that was included in the last expansion of the
wastewater treatment plant and already taken care of.
Nelson asked if Council Member Miller was referring to treated
water from the wastewater plant.
Council Member Miller stated that he was referring to treated water
from the water plant. E
Allison indicated that his reply was addressing water on the
wastewater side. Staff was working to address the issue on the
water treatment side.
Write' ;,yr Treatment - Howard Martin, Director of Environmental
Ef operations, stated that this budget did not have any significant
changes and included funding for the plant expansion and funding
for the development and funding for the operation of a blosolids
composting facility. The Municipal Laboratory budget had no
significant changes. The Pretreatment Program budget proposed to
add a new position of an environmental monitoring technician to
monitor ground water and methane monitoring of the landfill. The
Wastewater Treatment budget indicated an environmental monitoring
technician which was incorrect.
Solid Watee - Howard Martin, Director of Environmental operations,
stated that the administration budget included a reduction in
salaries by combining two positions and budgeting in two divisions.
~ff
4
e
t
owe
ApBOdaNo ~ " G
City of Denton City Council minutes Apendaltl/l~ U
August 91 1994 Ddl4 1 V Lj'q `1
1 f og -7'L j t
Page 16 17I
An intern position was also proposed. The Residential Collection
budget had no significant changes and the commercial budget
R" proposed a new dispatcher position which would field all customer
calls. The Landfill budget included funding for a landf ill
Cron engineer which was moved budget panrovided for the continuation of
replacement. The Recycling 1 the current program plus the funding of a recycling rA a„anathe itioll. it a cable
development ofiadditionalirecycling sites. swap p cg
y < + i
Filet 6erYiC@@ ~ Jack Jarvis, Fleet Services Superintendent,
that there was little n
resented this budget. He Indicated The operation consisted olattgie
year.
in the, budget from the prior
ga•ra e, machine shop and parts and. I 1 and r lox°n some y County
provided fueling for SPAN operations
~operations.
With no further business, the meeting was adjourned at Bs55 p.m. i
t SOS CASTLESERRY, MAYOR
CITY OF DENTON, TEXAS
r,
} I ER ALTERS
CITY SECRETARY j
CITY OF DENTON, TEXAS
ACCQ0201 ,
,n
JA, i
V,
1
AgondaNo a
Agondalt
CITY OF DENTON CITY COUNCIL MINUTES NO 10-4A4
August 16, 1994 N2(~7z
The s 1994 at 5iIS Council lonv pmi in the Civil Defense ROOM, on Tuesday, August
I
b
PRESENT: Mayor Castleberry; ashCouncil Members Chew, Cott, Perry,
Miller ABSENT: Mayor Fro Tom Brock
1. The Council convened into the Executive Session to discuss the
followings
A,. Legal Matters Under TEX. GOVT CODE SEC. 551.071
1. Considered claim against GTE for non-payment of
' franchise fees.
2. Considered claim against Wiltel.
B, Real Estate Under TEX. GOVT CODE Sec. 551.072
C. Personnel/Board Appointments Under TEX. GVVFT CODE
44, Sea. 551.074 i
The council convened into the Work Session on Tuesday, August 16,
1994 At 6t00 p.m. in the City Council Chambers.
a PRESENTt Mayor Castleberry) Council Members Chew, Cott, Perry, ;
Miller and Smith. i
ABSENTt Mayor Pro Tom Brock y
10 The Council received reports and held discussions regarding
` the following budget presentations:
Municipal Services
Municipal Services/Economic Development
Environmental Services
Library {
x, Parks and Recreation
Facilities Management
C,
Linda Ratliff, Economic Development Coordinator, presented the budget for Municipal services/ Economic Development She stated
potential.
that Denton continued to make the short list on relocations and detailed the economic development activities done
during the past year. There were no major changes and no
in a thea economic development programhete would also be no
changes supplemental
ya
City of Denton City Council Minutes AQonEdN4
AgEndali
August 16, 1494 Q r
Page 2 N1
~t3c~ 77 E
f
Howie Kull, Environmental Health Sarvicas Manager, presented the
Environmental Services budget. This budget would remain
eosentially the same with two proposed supplemental packages. One
package was a computer for the office. Currently the office used
i her personal computer and it was not able to maintain all of the
needed information. An overhead projector was also a suggested
supplemental rackage which was requested for their public education
programs. All other aspects of the operating budget were the sane
as last year. Animal Control was asking for a clerical position.
City Manager Narrell stated that while this was a new position it
was one which had been eliminated several years ago during prior
budget difficulties.
t i
4. Eva Poole, Library Director, presented the budget for the Library.
The proposed budget included 5 packages. one was the operational
and maintenance costs for the new branch library.
City Manager Harrell stated that some of these costs would not be
annual costs but would start in February.
Poole stated that the other packages included 500 new reference
books for the new branch library, replacement of Nonfiction books,
a microfilm reader/printer, and audio books and •!'dsos.
V Council Member Cott asked about the demographics of the two
libraries.
Poole replied that young mothers with children would probably use
the branch facility as it would have a program room.
Council Member Miller stated that the Friends of the Library were
attempting to raise funds for equipment for the branch library. If
the Friends campaign fell short, what would that do to the branch.
Poole replied that the Friends had currently raised $35,000 for new
shelving for the Library. Now books would be transferred to the
branch. With the two proposed packaUes 15,000 volumes of now books
could be purchased. if the fund raiser by the Friends was not
suceassful, there was a contingency plan to nova equipment from the
Emily Fowler Library.
r` council Member Perry asked about the expansion of the computer
capabilities with the universities.
Poole replied that they were still in the process of working with
the universities.
f
j
9
1
P
~ ~e~GaNa s
City of Denton city council Minutes Agendatte
August 16, 1994
Page 3
r E
Rich Dlugas, Director of Parks and Recreation, stated that Parks
+ and Recreation had several proposed supplemental packages for next
year. Those included (1) two and a half positions for South Lakes
.park, vehicle equipment, maintenance supplies and electrio/water
for irrigation; (2) maintenance for DMC, Library, medians and
electric and water; (3) median beautification included two walk j
behind mowers and trailers, (4) replacement of a rig of a flail f
mower for athletic fields; (5) replacement rig for a 3/4 ton ;
pickup; (6) replacement of mowing equipment with would replace
two 1985 riding mowers used in cemetery and park mowing; (7) a i
mainframe connection which would connect 8 personal computers at j
the Civic Center to the mainframe system.
Council Member Cott suggested considering a different approach to
controlling mosquitoes on the baseball fields. He felt there was
a need for different types of equipment to control the pests.
Dlugas stated that this was handled through the Utility Department.
Perhaps staff could go out earlier to try and control the
mosquitoes.
City Manager Harrell stated that the Utility Department had
received a petition to cease any kind of spraying for mosquitoes
next year.
Mayor Castleberry asked if the median landscaping on University was
in the current budget or next yearfs budget.
City Manager Harrell stated that it was not in this year's budget. 1
Dlugas presented the recreation fund budget. Ib was estimated that
there would be a fund balance of $115#581. It was proposed to fund
a supplemental request for a 12 passenger van, Civic center tables
and MLK furniture. These would come from the recreational fund
' balance.
I Council Member Perry asked what happened if a single parent with
children wanted to participate in the programs but was not able to
nest the financial commitment.
# Dlugas replied that the City provided financial assistance for
those who needed such assistance. The After School Action Sites
also had scholarships available.
j Council Member Miller asked about the golf range. i
Dlugas replied that it seemed to be doing well and the individual l
in charge was very pleased with the program. He presented an
~e.iQarro
I City of Denton City Council Minutes A e~da~re
August 16, 1994
~r
Page 4 Mtn
i U$j 77,
update regarding a convention center. He had visited with Denton F
County, UNT, the Fair Association, and the Amphitheater Association 3
regarding a joint venture with the City. The Amphitheater Group
did not feel they wanted to participate but others were very
enthusiastic.
Bruce Hennington, Facilities Manager, presented the budget for
facilities management. He reviewed the duties of the department
which were presented in the proposed budget materials. Packages
were ranked by safety and what would be beat for the citizens.
Fifty four packages were submitted. 1'he first set of packages were
reoccurring and included the DMC and City Hall Weat operations and E
maintenance packages, the Library South Branch operations and
maintenance, two service trucks to be leased, a restoration of
utility funding and the opening/closing of City buildings with the
security system. The second package dealt with the roof for the
Senior Center, the Visual Arts Center, the North Lakes Recreation
Center and the Denia Recreation Center. The third set of packages
dea11: with one time expenditures and included paving at the ')MC
parking lots, Denia AC/Heat upgrade, and replace/repairing the
kennal ceiling at Animal Control.
Council Member Cott asked if there were any requests for an outdoor
i pool at Denis.
i Hennington replied no. There had been a study done for an indoor
i pool at North Lakes but was determined to not be feasible at this
point in time.
Council Member Miller asked about the status of Us air
conditioning at the Visual Arts Center.
Hennington stated that the City's policy was to run the temperature
of the buildings between 74-76 degrees. A heat pump unit was used
in that area and it would not bring down the temperature for a
1 large group in the facility. The temperature needed to be turned r
down several hours before an event.
Council Member Miller suggested reviewing the policy.
Hennington stated that there was no control on the unit. There was
a condition in the policy that if requested in writing, the
temperature could be lowered. There were two problems wit1.1 that
procedurs. If the citizens were allowed to lower the temperature,
it would be hard to control how much the temperature was turned
down. The second problem was that if the unit was turned deism too
much, then other facilities would want their units down and there i
would not be enough money for utility payments. !
un
■ awr
{
.o s a
City of Denton City Council Minutes ~gendaNO.,~,
August 16, 1994 45eadalt a
Page 5 ~,rg t -a
~6 d~ ? Z i
The Council convened into the Regular Session on Tuesday, August
16, 1994 at 7:00 p.m. In the Council Chambers.
PRESENT: Mayor Castleberry; Council Members Chew, Cott, Perry,
Miller and Smith.
-rs ABSENTI Mayor Pro Tom Brock
t
f 1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of
Allegiance.
2. The Council considered approval of the minutes of the Planning
t Session of June 170 1994 and the Regular Session of June 21, 1994.
r
Perry motioned, Smith seconded to approve the minutes as presented.
On roll vote, Cott, "aye", Miller "aye", Smith "aye", Chew "aye
Parry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
~ yy
AnimalsaDtleberry presented a proclamation for National Homeless
^ y.
Mayor Castleberry presented Yard of the Month Awards to Glenn and j
Shirley Halcher, John E. and Virginia Fender, Denton Com, unity
i
hospital, Dr, and Mrs. Gordon Healey and Texas Woman's University -
Physical Plant and Grounds Maintcnance.
s~ 9, Public Requests
A. The Council considered approval of a resolution closing
t,• the 100 blocks of Oak, Elm, Hickory and Locust Streets from 6:00
s
~4•. a.m. until 6100 p.a. on Saturday, September 21, 1994 for "County
;To
Seat Saturday"
° Sane Biles, Main Street Director, stated that this would be the 9th
year for County Seat Saturday. The request was to close the a
6 streets around the Square for the event. Thare was one noted
opposition to the closure but that individual had access to his
f. property through Austin street.
t The follows
ng resolution was considered ,
z
1-
0
i
r
IYMi~i
i
rr~
Agenda No
Agmdal!
City of Denton city council minutes
August 16, 1994
1 u -7 777,
f
NO. R94-038
A RESOLUTION TEMPORARILY CLOSING THE 100 BLACK OF NORTH ELK
i STREET, THE 100 BLOCK OF WEST OAK STREET, THE 100 BLOCK OF
NORTH LOCUST STREET, AND THE 300 BLOCK OF WEST HICKORY STREET
ON SEPTEMBER 241 1994; AND PROVIDING FOR &N EFFECTIVE DATE.
Chew motioned, Perry seconded to approve the resolution. On roll
vote, Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
B. The Council considered a request from Cabin Fever
Productions for an exception to the noise ordinance for a film
production at the Fairgrounds on September 17-18, 1994.
Linda Ratliff, Economic Development Coordinator, stated that Cabin
Fever Films was requesting the exception to the noise ordinance in
. order to film a feature movie on Saturday, September 17 until
midnight and Sunday from noon until 10300 p.m. Those times were
the worse case scenarios and the actual event would last
approximately 2-3 hours. The exception was needed as they would be
using the public address system and there might be the need to
reshoot some scones and do scenes with stunt riders, etc. The film
company would be in Denton approximately 10 days which should be an
economic advantage for Denton merchants.
Council Member Perry asked if the loudspeaker would be used after i
i 10100 p.m.
Ratliff replied that the rodeo event took about 3 hours. After the
rodeo event was over, the film company would use stunt actors in
conjunction with the actual rodeo.
Council Member Perry stated that the film company would be using
the new public address system and would not necessarily be
broadcasting past the arena.
Ratliff replied that there would be no bands. The rodeo production
t' company might have music through the public address system but no
band. She had expressed concern to the movie crew regarding the
sensitivity of the neighbors and the company had cut back hours
r from their original request.
Miller motioned, Smith seconded to approve the exception. On roll
vote, Catt, "ays", Miller "aye", Smith "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
Y
I
AosedaNa
City of Denton City Council Minutos AgWall
August 16, 1994 ata.J'
Page 7 -
C/ got ?Z
4. Public Hearings
A. The Council held s public hearing and considered 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)
Planningw and Zoning Commission recommended approval, District 7 00)
2-94-016
Frank Robbins, Executive Director of Planning and Development,
stated that this was an extension of the existing offices on
Carroll Blvd. There would be a significant amount of vegetation I
asion
saved with the recommend approval of the proposal for Co ncand Zoning il consideration.
The Mayor opened the public hearing.
statotedaneverthat Councilgquestionsce Carroll Blvd. He
1
r No one spoke in opposition.
f. '
The Mayor closed the public hearing.
1Y The following ordinance was ccnsidereds
V ` NO. 94-146
i. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM TWO-FAMILY DWELLING DISTRICT TO PLANNED
DEVELOPMENT 108 (PD108) 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
BOULEVARD; APPROVING A DEVELOPMENT PLAN FOR THE DISTRICT;
IN THE MAXIMUM AMOUNT OF ,000
PROVIDING OR A
V OLATIONSFTHEREOF1 ANTD PROVIDING FOR AN EFFECTIVE$DATE. FOR
r
Chew motioned, Perry seconded to adopt the ordinance. On roll
vote, Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
B. The Council held a public hearing and considered adoption
. of an ordinance rezoning 0.365 acres located on the north side of
Interstate 35E approximately 100 feet west of LoopTh288 e from Planned
Development District 6 to Coalercial District. Planning
Zoning commission recommended approval, 7-0.)" Z-94-017
r
City of Denton City Council Minutes Agenda No
August 16, 1994 Agvdaq~n' t~
Pago 8 W13" A 3
'r 0 03 7Z
Frank Robbins, Executive Director for Planning and Development,
stated that this was a recommendation for a change from planned
development to straight commercial zoning. The property was
located between straight commercial zoning at the present time. A
fast food restaurant detailed plan was denied in the past due in i
part to the traffio patterns. with this change in zoning, that
kind of use could be built in the future. if the Council had a
problem with that type of zoning, it might consider a condition for
zoning on the property such as use only for a one story produce
stand.
The Mayor opened the public hearing.
No one spoke in favor.
No one spoke in opposition.
The Mayor closed the public hearing.
Council Member Smith questioned the parking in the area and where
patrons of the produce stand now parked.
Robbins stated that some traffic stopped on the access road but
I
most parking.was in the area across the drive in the shopping
l center. Parking had not created a problem to date and the adjacent ;
fast food restaurants did not have a problem with the zoning case.
'Mayor Castleberry stated that this was a usual pad site for a
shopping center.
Robbins replied correct.
Council Member Miller stated that as these pad sites developed,
there would be increased traffic in the area. He felt it was
important to encourage commercial development in appropriate areas.
t
The following ordinance was considered:
NO. 94-147
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE MOM PLANNED DEVELOPMENT DISTRICT 6 (PD-6) TO
COMMERCIAL DISTRICT (C) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR A 0.365 ACRE TRACT L0CATZD ON THE NORTH SIDE
OF INTERSTATE HIGHWAY 35E0 APPROXIMATELY 100 FEET WEST OF LOOP
288; PROVIDING FOR A PEMNALTY IN THE MAXIMUM AMOUNT OF $2,000
FOR VIOLATIONS THEREOF; %ND PROVIDING FOR AN EFFECTIVE DATE.
J
i
rte-
,
~enOaNo
city of Denton City Council Minutes Agaadal'
August 16, 1994 Ceta.J
Page 9 JP'O 7 Z
c
i
Miller motioned, Chew seconded to adopt the ordinance. On roll
vote, Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Notion carried unanimously.
C. The Council held a public hearing and considered adoption
of an ordinance rezoning 24.125 acres known as Section 3 and 4 of
McDonn011 Higblande from a Planned Development zoning district (PD-
t, 98) to a single-Easily (SF-7) district. The site wab located
approximately 2,000 feet east of Mayhill Road, on the south side of
McKinney Road. (The Planning and Zoning Commission recommended
approval 6-0.) Z-94-015
` Frank Robbins, Executive Director for Planning and Development,
stated that this was a significant domzoning in an old planned
4 development. There was an associated preliminary plat on the
Consent Agenda.
1 The Mayor opened the public hearing.
i
Brian Burke, Metroplex Engineering, stated that the project was
originally zoned and partially constructed for 124 two family
duplex lots. The proposal was a request to downzone to 100
straight single family-7 lots. He felt it was a good change for
the property.
i No one spoke in opposition.
t" The Mayor closed the public hearing.
Council Member Perry asked it drainage was included in the
proposal.
Robbins replied that approval of this zoning would not directly
address infrastructure or drainage. The preliminary plat on the
Consent Agenda addressed those issues. A preliminary drainage study
had bean approved and was part of the recommendation from the
Planning and Zoning Commission.
The following ordinance was considered:
NO, 94-18
t' AN ORDINANCE OF THE CITY OF VENTON, TEXAS, PROVIDING FOR A
CHANGE FROM PLANNED DEVELOPMENT (PD) NO. 98 TO ONE-FAMILY
DWELLING (SP-7) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR 24.125 ACRES OF LAND LOCATED ON THE SOUTH SIDE
OF 14CKINNEY STREET, ACROSS FROM BILLY RYAN HIGH SCHOOL, AND
APPROXIMATELY 2,000 FEET EAST OF MAYHILL ROAD= PROVIDING FOR
II
1
1
t
f
I
n~endaNo U
Agandalte '
city of Denton city council minutes ga J
August 16, 1994 5 09 7 ?.P
II Page 10
A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
1 Perry motioned, chow seconded to adopt the ordinance. on roll
vote, Cott, "ayn", Killer "aye", Smith "ayo", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Notion carried unanimously.
D. The Council held a public hearing and considered adoption
`
of an ordinance amending the Detailed Plan of Planned Development '
No. 21 to allow for additional duplex structures. The 26.841 acre
site, known as Good Samaritan Villege, was located at 2500 Hinkle
Drive, on the west side of Hinkle Drive south of Headles Lane.
(The Planning and Zoning Commission recommended approval 7-0.) Z-
94-018
Frank Robbins, Executive Director for Planning and Development,
stated that this proposal had 10 additional duplexes to be built
with the existing duplexes. The proposal remained in accordance
with the City's proportionate share of intensity and there was much
open space in the area. A concern had been expressed about
drainage in
p obleas in the area. in the CIP
This development
with the the draarea. inage There
would not, add a significant amount of runoff and would not pay for
any of the improvements.
The Mayor opened the public hearing.
Fred Connell stated that he was a resident of a current duplex and
strongly supported this request sf Good Samaritan. The duplexes I
provided an excellent transition from an individual's own home to l
taxi-assisted
residents f
approval. living. There ws a large waiting list for and asked
Council of
the duplexes.
Richard Gerr,er stated that there was some contusion regarding the
number of units to be built. One two-family unit would be built
this year. After that duplex was filled, they would possibly
proceed with two more units within the next year to two years.
There would not be more than 5 units in the next five - six years.
No one spoke in opposition.
The Mayor closed the public hearing.
The following ordinance was considered:
I i
i ~
t
~gendaNa QU'~$'g
agen0alle
Aga
City of Denton City Council minutes,
August 16, 1994 n
Page 11 7Z-
No. 94-149
AN ORDINANCE OF THE CITY OF DENTON# TEXAS, AMENDING THE
DETAILED PLAN FOR PLANNED DEVELOPMENT NO. 21 (PD-21) AS SHOWN i+
IN THE ATTACHED DETAIL PLAN FOR 26.841 ACRES OF THE 27.437 j
ACRES THEREIN DEFINED) PROVIDING A SAVINGS CLAUSE; REPEALING i
THEREOF; PENALTY IN THE MAXIMUM
ORDINANCE 84 FOR f VPROVIDING IOLATIONS FOR
AND PROVIDING FOR O
OF AN
EFFECTIVE DATE.
Perry motioned, Smith seconded to adopt "the"ordinance. On roll
"aye", Perry Chow vote, Cott, "aye", Miller aye"
a Smith "aye"
unanimously.
"I Pe "aye", and Mayor Castleberry "sY " Motion c E. The Council held a public hearing to consider requests
for variances from Section 34-1 14(17) and 34-7(0) siof the
dewalk
Subdivision and Land DAVelOpvent Ra lations regarding
construction and variance procedures. The request was made by
William C. and Mary Lou Collins, for property known at Lots 3A, 38,
and 3C, Block 4, Wattam Addition, located at the southeast corner
of Fannin and Welch Streets. (The Planning and Zoning Commission
recommended approval.)
Frank Robbins, Executive Director for Planning and Development,
+ stated that there were three criteria which should be met before a
1 variance was approved. One criteria was epeeist and particular
conditions upon which the request based which related to
topography, shape or other unique situations. The Planning and
Zoning Commission reviewed the proposal and found that if the
sidewalk were built, a substantial retaining wall would have to be
built. There was the possibility that several large trees in the
the
aroa would be destroyed if that were built thus s he c st f went
retaining wall would be significant.
through the process today, sidewalks would not be required. The
I Planning and Zoning Commission recommended approval. The second
variance was one of procedure. With ro variance, a preliminary and
final replat would have to be tiled and given the situation, the
Planning and Zoning Commission felt that a variance should also be
~ granted.
The Mayor opened the public hearing.
Bob Brown stated that acr%.ss Welch Street and across Fannin Street
there were apartment complexes and the two large trees away from
would Y l
beginning of the single family dwellings. It
the beauty of the neighborhood if those two trees were taken out.
No one spoke in opposition.
I
! s,
i
NONE-
faa,c:ry
Irv I rim
5
F
i
r~
w1er
AgmdaNO 01~~
AgWalt
City of Denton city council minutes Cote r .•(i,
August 16, 1994
Page 12 6 3db 7'Z
The Mayor closed the public hearing.
Chew motioned, Perry seconded to approve the variances. On roll
I vote, Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry .
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
z
F. The Council held a public hearing and considered adoption 1
of an ordinance repealing Sections 34-1 through 34-98 of Chapter 34
of the code of ordinances (Subdivision and Lard Development) by
adopting new section 34-1 through 34-46; by amending Section 34-
114(17) and repealing Section 34-1271 to provide for the approval
of minor plats by the Development Review Committee; the granting of
variances by the Planning and Zoning Commission and waiver of
development exactions by the City Council; deny.tml connection to
utility service under certain packages; defining terms; providing
procedures for submission and approval of plans and 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,
and amending plate; providing for conveyance plats; ;providing for
adoption of coverage under Section 212.041 of the Local Government
Code relating to development plats; 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.)
i,
Frank Robbins, Executive Director for Planning and Development, j
stated that this was a significant streamlining of the development
process and updating how to plat in accordance with State Law.
Council reviewed all major portions of ordinance at a work session
in July. i
4 The Mayor opened the public hearing.
{ Brian Burke, Metroplex Engineering, stated that he fully supported
it the proposed ordinance.
Robert Morris stated that he was concerned about when plats would
be required in the ETJ. Some rural areas could have division of
property and did not need to plat. He asked for a clarification of
when platting was required in the ETJ.
f
' Robbins stated that developpment plats would be required. Before
any development was done in the ETJ or inside the City, a plat
f would need to be recorded. One exception in the proposed ordinance
+ dealt with the division of land with no development and each parcel f
NMI
rani.
asst , .
A~e~daMo u'~ .
City of Denton city council minutes Agandait
August 16, 1994 ~t8_ry=yam
Page 13 5 TO
J 7`r
was at least 40 acres in size. That type of development would not
have to plat. There were also no requirements to plat if the
property were divided by will or probate. 4
The Mayor closed the public hearing.
Council Member Cott stated that there were frequent appeals to
council for a final plat. The proposed ordinance would streamline
that process and the Planning and Zoning commission would take care
would hear an appeal. to of the Planning
of the ning Commission# who petitioner like
and Zoning
f Robbins replied that under the existing ordinance, preliminary
plate and some final plats came to Council. In 6 years, none of
those plate had been appealed. Final plats were now appealed with
the the proposed oand Zoning rdinance. CA final appeal t was to would the District m Court.
f
The following ordinance was considereds
94-150
AN ORDINANCE OF THE CITY OF DENTON, TEXAS REPEALING SECT::ON
34-1 THROUGH 34-98 OF'CHAPTER 34 OF THE CODE OF ORDINANCES
("SUBDIVISION AND LAND DEVELOPMENT") BY ADOPTING NEW SECTION
34-1 THROUGH 34-46; BY AMENDING SECTION 34-1160 SUBSECTIONS
(9) AND (17) AND REPEALING SECTION 34-121 REGARDING THE
APPROVAL OF MINOZ PLATS BY THE DEVELOPMENT REVIEW COMMITT'EE1
t; 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 BEEM 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
P1~ATPRIOR PROCESS;
TO
DEVELOPMENT OF LAND; PROVIDING A =
ADOPTING GUIDELINES FOR VACATING A PLA:S, REPLOTTING WITHOUT
VACATING A PRECEDING PLAT AND AMENDING .A PLAT; PROVIDING FOR
GOVERNMENT-INITIATFD PLAT VACATION; PPC;%TIDING FOR PROCEDURES
FOR CONVEYANCE PLATS! PROVIDING FOR ADOPTION OF COVERAG3 UNDER
TEX. LAC. GOW T. CODE ANN. 212.041 RELATING TO DEVELOPMENT
PLATS; PROVIDING AN ANNEXATION POLICY; PROVIDING DEVELOPMENTAL
STANDARDS IN THE EXTRATERRITORIAL JURISDICTION; PROVIDING
REQUIREMENTS FOR CONSTRUCTION 01' PUBLIC IMPROVEM'FNTS;
PROVIDING AN AMENDMENT TO APPENDIX A-7 RELATING TO DISTANCE
SPACING BETWEEN INTERSECTING STREETS MD PROVIDING A METHOD TO
j DELAY SIDEWALK CONSTRUCTION; PROVIDING A SEVERASILITY CLAUSE;
t
WWI
q
' AperMaNo
City of Denton City Council Hinutes X12 ;~L
August 16, 1994 7 rn u
Page 14
THEREOFNG PROVIDING {A ullAVINGS TCLA SE 50AND0 PROVINGVIOLATIONS AN
EFFECTIVE DATE. i
Millet motioned, Perry seconded to adopt the ordinance. On roll
vote, Cott, "aye", Miller "aye", Smith "aye", chew "aye", Perry
j "aye", and Mayor Castleberry "aye". Motion carried unanimously.
5. Consent Agenda
Smith motioned, Perry seconded to approve as the Consent Agenda as
presented. On rail„ ofM► Cott, d Kaaor"►CasMiller tleberryeways". Motion
Y
Chew Perry aye , a
carried unanimously.
Er A. Bids and Purchase Orderst
1. Did 01652 - Contract Concrete Work
B. 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 was located on the south side
of McKinney Road across from Billy Ryan High
School. (The Planning and Zoning commission
recommended approval 6-•0.)
j 2. Preliminary plat of Lots 2 and 3, Block 1, Good
Samaritan Village Addition, The 23.309 acre site ~
was located on the exist side of Hinkle Drive, south,
of Neadlee Lane. (The Planning and Zoning
commission recomroerded approval 9-0.)
6. Ordinances
' A, The Council considered adoption of an ordinance accepting -
competitive bide and providing for the award of contracts for
public works or improvements. (5.A.1. - Bid 01652)
The following ordinance was consideredt
NO, 94.151
AN ORDINANCE ACCEPTING COMPETITIVE 8108 AND AWARDING A
} CONTRACT FOR THE PURCHASE OF MATERALSj E EQUIPMENTO OF FUtiDSSUPPLIFSOR
BERVICE81 PROVIDING FOR THE EXPEND
AND PROVIDING FOR AN EFF13C'i'IVE DATE.
I
.
x[47
~lli
~0SM16
1
',am
~gen4aNo ~ ~
~ ggaadai eat, ~ g.~
City of Denton City Council Minutes
August 16, 1994 17218_ 7,
Page 15
On roll
Chew sectioned, Smith seconded to adopt ordinance. ,
vote, Cott, ~
aye Miller ayeI, Si "aye"$ Chew "aye" Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously.
j B. The Council considered adoption of an ordinance partially F
I vacating a certain public utility and drainage easements T Texas atecorded f
in the teal property records of Denton County,
e Estate
Ation e (The 0852, 08581, and 0860,
Planning and located in
i Addi +
for Planning and Development,
.
Frank Robbins, Executive Director
stated that this abandonment was associated with a preliminary and
final plat. The abandonment wase in Phaseriwould the development
along Lillian !Biller Parkway. hook up to the
existing sever lines and run the sewer lines through the property
on the street. This was an exchange of easements,
The following ordinance was considereds
t..
NO. 94-152
AN ORDINANCE PARTIALLY VACATING CERTAIN PCIBLIC UTILITY AND
DRAINAGE EASEMENTS, RECORDED IN THE REAL PROPERTY RECORDS or
EC' 16360 A'PE>,3 0852, 0858, AND
DENT4NNDU ROVIDING FOR AN VOLUME
AND
i 0860
roll
Chow motioned, Smith seconded „o Smadopt the ith "aye„ ordiaan
Chew "aye"On Perry
voto, Cott, ayo , Miller "aye".
E "aye", and Mayor Castleberry "aye". Motion carried unanimously.
C. The Council considered adoption of an ordinance
prohibiting the parking of vehicles on certain portions of Railroad
Aven East Hic
near the (TheuTraffic SafetykCotymsission recommendednapproval.) pal Complex.
t
Rick Svehla, Deputy City Manager, stated that on August 2nd,
1
Council had adopted an ordinance dealing with handicapped parking
at the Denton Municipal Complex. This was a companion ordinance
for three areas of no parking at the Denton Municipal Comple),. One
anda the sthird was Railroad Avenue, ono, was in front of the
the entrance to the Police Departments area,
Council Member Perry asked about handicapped access for someone
wanting to go to the Police Department.
Svehla replied that there were handicapped spacas and a ramp
I adjacent to the front of the building. !
y
City of Denton city council Minutes ~O~daNo ' _
August 16, 1994 ApW1 lit
Page 16 Qat3 •
,S'?c 7Z,
The following ordinance was considered:
NO. 94-153
AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON CERTAIN
PORTIONS OF RAILROAD AVENUE AND EAST HICKORY STREET NEAR THE
DENTON MUNICIPAL COMPLEX) PROVIDING A PENALTY OF A FINE NOT TO
EXCEED TWO HUNDRED DOLLARS (5200.00)? PROVIDING A SEVERABILITY
CLAUSE? REPEALING ALL ORDINANCES IN CONFLICT HEREWITH) j.,
Y I PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. f
Miller motioned, Chew seconded to adopt the ordinance. On roll
vote, Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
D. The Council considered adoption of an ordinance
aut%oriainq the City Manager to execute an agreement between the
City of Denton and Denton State School for the operation of a
public park.
Rich Dlugas, Director of Parks and Recreation, stated that
Briarcliff Park was an 11 acre neighborhood park located on State
School Road adjacent to the Denton State School. The City entered
into an initial agreement with the Texas Department of Mental
4 Health and. Mental Retardation in April 1983 for a 10 year lease.
At the time that the lease expired in 1993, the State was reluctant j
f, to enter into another long term agreement and extended the lease
for one year. That lease expired in the Spring of 1994. The State f'
was now willing to extend the lease another two years while they r
lacked at their other leases of state property. I
{ The following ordinance was considered:
N0. 94-154
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 PARK] AND
PROVIDING AN EFFECTIVE DATE.
F
Perry motioned, Chew seconded to adopt the ordinance. On roll
vote, Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
E. The Council considered adoption of an ordinance amending
the schedule of fees for filing applications for review, approval,
grant or issuance of plats, plans, permits, licenses, certificates, j
variances or desig<<ations required by the subdivision Rules and I
y~ ~
-lendaN* G~y'~33
City of Denton city council Minutes AGEedaltA
August 160 1994 0215
Page 17
i Regulations and Zoning Regulations of the Code of Ordinances; and
! making this ordinance cumulative. (The Planning and Zoning
1 Commission recommended approval 6-0.)
Frank Robbins, Executive Director for Planning and Development,
stated that this ordinance had been reviewed at an earlier work
session. This was a major update in fee structure since 1983. It
wake anended to enable the charge to relate more to the actual coat.
Certain variables had been changed so as to not undercharge or
overcharge what it took to review a proposal. w
Debra Drayovitch stated that the ordinance contained a blank for
the effective date. The effective date should be the same as the
effective date of the subdivision amendment. She suggested that a
motion include that the proposal would be effective on the 30th day
f of August.
The following ordinance was consideredt
r•'. NO. 94-155
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE
' j SCHEDULE OF FEES FOR FILING APPLICATIONS FOR REVIEW, APPROVAL,
J GRANT OR ISSUANCE OF PLATS, PLANS, PERMITS, LICENSES,
CERTIFICATES, VARIANCES OR DESIGNATIONS REQUIRED BY THE
i SUBDIVISION RULES AND REGULATIONS AND ZONING REGULATIONS OF
THE CODE OF ORDINANCES; MAKING THIS ORDINANCE CUMULATIVE;
{ PROVIDING FOR A SEVERABILITY CLAUSE) AND PROVIDING AN
EFFECTIVE DATE.
Miller motioned, Chew seconded to approve the ordinance effective
the 30th of August. On roll vote, Cott, "aye", Miller "aye", Smith
"aye", Chew "aye", Parry "aye", and Mayor Castleberry "aye".
Notion carried unanimously.
7. Resolutions
A. The Council considered approval of a resolution
authorizing the City Manager to execute Amendment No. 3 to the
public transportation contract with the Texas Department of
f transportation for funding public transportation.
Council Member Chew loft the meeting with a potential conflict of
interest.
Joseph Portugal, Assistant to the city Manager, stated this was the
first of two items for funding of public transportation. Approval
of this resolution would authorize the City Manager to execute
,
r
i
a~
r
AgsndaNo N~ 1
it $
Agenda
City of Denton city council Minutes Q119 q
August 16, 1994 SG~ ~r Z
Page IS
t
Amendment No. Three to the public transportation contract with the
Texas Department of Transportation. That contract for 1993-94 was
$137,462 and the amendment would reduce that amount by
approximately $12,203 as the City was not able to meet the local
match necessary to purchase vehicles for SPAN operation in this
current cycle. The City was asking TxDOT to make the $12,203 f
available in the 1994-95 contract. The rest of contract had not
changed.
The following resolution was considereds
NO. R94-035
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; AXD PROVIDING AN EFFECTIVE DATE.
~II Parry motioned, Miller seconded to approve the resolution. On roll
1 vote, Cott, "aye", Miller "a a", Smith "aye", Perry "aye", and
Mayor Castleberry wayew. Motion carried unanimously.
B. The Council considered approval of a resolution
authorising the city. Manager to execute a public transportation
contract with the Texas Department of Transportation for funding
I
public transportation.
l
Joseph Portugal, Assistant to City Manager, stated that this
resolution would approve the 1994-95. contract. The base total for
funding would be $140,415 and would be used to purchase vehicles,
replacement of route signs, equipment and planning for
transportation meetings. There was a revision to Article 9
regarding insurance. Last year SPAN could purchase the insurance
s and list the City and TxDOT as additional insurers. The State
approved that amendmett.
The following resolution was considereds
NO, R94-040
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXEC~TTE A PUBLIC
TRANSPORTATION CONTRACT WITH THE TEXAS DEPARTMENT OF
TRANSPORTATION FOR FUNDING PUBLIC TRANSPORTATION; AND
PROVIDING AN EFFECTIVE DATE.
Perry motioned, Smith seconded to approve the resolution. on roll
vote, Cott "aye", Miller "ayou, smith "aye", Perry "aye", and Mayor
Castleberry "aye". Motion carried unanimously. }
~~Y
-owl
owl
I
1
Ir 71
~gendaNo y' 33 3
Agandalt ,I
4
City of Denton city council Minutes Dale
August 16, 1994 a~ 7~
Page 19
i
r
Council Member Chew returned to the meeting.
C. The Council considered 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.
The following resolution was considered:
NO. R94-041
A RESOLUTION APPROVING THE FISCAL "TEAR 1995 BUDGET OF THE
GREATER DENTON ARTS COUNCIL FOR HOTEL OCCUPANCY TAX FUNDS,
PURSUANT TO CHAPTER 351 OF THE TEXAS TA:( CODE) AND PROVIDING I
AN EFFECTIVE DATE.
Perry motioned, Smith seconded to approve the resolution. On roll
vote Cott, "t:ye", Miller "aye", Smith "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
0. The Council considered approval of a resolution approving
i 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.
The following resolution was considered:
NO. R94-042
A RESOLUTION APPROVING THE FISCAL YEAR 1995 BUDGET OF THE
NORTH TEXAS FAIR ASSOCIATION FOR HOTEL OCCUPANCY TAX FUNDS,
PURSUANT TO Cti.\PTE►t 351 OF THE TEXAS TAX CODE) AND PROVIDING
AN EFFECTIVE DA'Z'E.
~I Chew motioned, Miller seconded to approve the resolution. On roll
vote, Cott, "aye", Miller ways", Smith "aye", Chew ways", Perry
"aye", and Mayor Castleberry ways", Motion carried unanimously.
E. The Council considered approval of a resolution approving
the fiscal year 19.5 budget of the Denton Conventio:i and Visitors
Bureau for hotel occupancy tax funds, pursuant to Chapter 351 of
the Texas Tax Code.
The following ordinance was considered:
wool
-4
A6endaNo
Agandatt
[kata Ld
City of Denton city council Minutes 1 7Z-,
August 161 1994 Q
Page 20
No. R94-043
A RESOLUTION APPROVING THE FISCAL YEAR
1995 BUDGET OF THE S BEAU OF TH CHAMBER OF ND V: DEtiTON COUNTY OR H CONVENTION ANCY TAX Ogp17D3 PURSUANTE TO CHAPTER
DATE*
COMMERC
Min AX CODE; AND PPOVIOiNG AN EFFECTIVE
351 of THE TEXAS T
roll
Chew seconded to approve the resolu
Chew tion. On Perry
Miller motto mays", ays Miller "aye"s Smith aye"
vote, Cott, "aye". Motion carried unanimously.
and Mayor Castleberry roving
g, il considered app
The Couno roval of a reaolutio ttiatorical County the fiscal year 1995 budget Of the funds`, pursuant to chapter
Foundation, Inc. for hotel ~cupancy
351 at the Texas Tax Code.
The following resolution was considered=
N0. R94-044
1995 BUDGET OF THE
A RESOLUTION APPROVING THE FISCAL. YEAR
DE; AN
1 DENTON COUNTY HISTORICAL FOVNDA351N OF ITHE TEXAS HOTEL CoCCUPANCD
c TAX FUNDS, PURSUANT TO CHAPTER
PROVIDING AN EFFECTIVE DATE.
on roll
P ry motioneChew seconded to approve the "re Ctlest i"aye", perry
er"ds " Miller "aye", Smith "aye",
Castleberry *08"- Motion carried unanimously.
' vote Cotts aor
"aye , and May roving
*Oval of a resolution app
O, Ttje Council considered app Historical Museums the Denton Count the fiscahotel occupancy tax tundo 0pursuant to Chapter 351 of the
Ina, to
Texas Tax Code.
The following resolution was considered:
NO. R94-045
GET OF THE
s"
THE A RLSOLUTIOHIPSRINCALM4USEUM,CINC FOR 1995 HOTEL SUCOCCUPAN CY TAX
DENTON COUNTY CHAPTER 351 OF THE TEXAS TAX CODEi AND
FUNDS# PURSUANT TO PROVIDING AN EFFECTIVE DATE.
solution. On roll
re
ova may this, Chew "aye"s Perry ;
Miller motioned, as",1®Millern"aye aSmithr
Cott, " e". Motion carried unanimously.
„oteayeqr and mayor Castleberry aY
1
~s
3
AgartdaNo
~ a
Agadall
city of Denton city council minutes
August 16, 1994 -7Z
Page 21
DEa re
H. The council considered Plan of approval of
solton 9u1i1 District.~g
NCO
the fiscal year 1995 Financial Pl ~j
The following resolution waa considereds
NO. R94-046
A RESOLUTION APPROVING THE FISH YEAR 1995 BUDGET OF THE
DENCO AREA 9-1-1 DISTRICT, PURSUANT TO TEX. HEALTH & SAFETY
CODE SECTION 772.309; AND PROVIDING AN EFFECTIVE DATE.
Perry motioned, Chew seconded to approve the resolution. On roll
ly.
and ~May"aye", Miller or Castleberry "aye". Motion carriChow ed un nimousParry
vote, e", Cott,
! "ay
I. The Council considered approval of a resolution approving
the 1994-95 budget of the Denton Central Appraisal District.
The following resolution was consideredi
NO. R94-047
RESOLUTION TTHE CITY OF
DENTON D CCENTNRAL APPRAISAL APPROVING DISTRICT; 1994-
1995 BUDGET OF AND
DECLARING AN EFFECTIVE DATE.
Killer motioned, Chew seconded to approve the resolution. On roll
%ote, Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry
Nays", and Mayor Castleberry ways". Motion carried unanimously.
8.' The Council held a discussion and considered adoption of an
annexation schedule with regard to a proposal to annex 263 acres
located north of Jim Christal and west of Masch Branch Road and
another 68 acres located north of Ryan Road and, east of
Forrestridge Drive. A-66 and A-67
Frank Robbins, Executive Director of Planning and Development,
stated that at a previous meeting, Council directed staff to move
forward with a schedule to consider annexation of this area. The
City had received a development proposal on this tract. The
annexation ordinance required 6 votes of the Council to approve the
4 readings of the annexation ordinance. A special meeting would be
required for one of the readings. He presented options A, B or C
for Council consideration.
t i
` Council Member Cott left the meeting.
~y~ytj':1'd tivm rv .
4*0
ANWN
gandaNo.
City of Denton city council minutes gar,ddlte~Z-
August 16, 1994
Page 22
' 6.f
Council Member Perry suggested Option B and if there would not be
a full Council at that meeting, to consider option C.
Perry motioned, Chew seconded to proceed with option B. on roll j
vote, Miller mays", Smith "aye", Chew "aye", Perry "aye", and Mayor
[ Castleberry "aye". Motion carried with a 5-0 vote.
9. The Council considered the appointment of Deputy City
Secretaries.
City Manager Harrell stated that currently Betty Williams was the '
only individual designated as a Deputy City Secretary. When the I
City Secretary was absent, a deputy was needed to perform tho
office duties. He was recommending Veronica Oglesby and Joseph
Portugal as deputies.
ff Council Member Cott returned to the meeting.
Chew motioned, Miller seconded to approve the appointments, On roll
vote Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry
aye , and Mayor Castleberry Faye". Motion carried unanimously.
10. Miscel3.aneous matters from the City Manager.
A. The Council received a report, held a discussion and gave
staff direction regarding a request from Science Land for Lalor
funds. f
Council Member Miller left the meeting.
City Attorney Drayovitch stated that at a prior meeting, Council
had instructed staff look at various ways of utilizing hotel tax
fundc to make a grant to the Science Land Museum and to look at
other options for funding. At that meeting, a list of
approximately 13 different museums had been distributed indicating
their funding sources. Nine of those museums indicated some type of
hotel occupancy tax funding. Amarillo was not receiving any hotel
occupancy tax funds from their City at this point in time. Their
tax was being allocated to the convention center and to the Chamber }
of Commerce. Austin allocated money through the arts section of the
statute. The hotel tax statute provided for up to 15% of the hotel
occupancy tax revenues to be spent on encouragement of the arts.
The City of Denton had o contract with the Greater Denton Arts
Council for that maximum of 15t. The City was not able to use that
! section of the statute as was currently being allocated.
Council Member Miller returned to the meeting.
`i
SI
-~endako y'~
' Agaadalte
City of Denton City Council minutes ,ate
August 161 1994
Page 23
Drayovitch stated that Fort worth had an organization which
distributed the funds to various organizations. Houston funded a
Children's Museum pursuant to a grant by the Houston Cultural Arts not
Council made with the arts section. The museum in LuFbiboc~e rs ago
receive any hotel occupancy tax funds at this time. h
they received money under tha tourism section for certain exhibits
for the .ruseum. McAllen's museum was funded from their general i
fund. Hclinney had a contract for a parking lot construction which
{ was under the tourism section. New Braunfels referenced the with
i
section of the statute as did Wichita Falls. staff had me I
representatives of Science Land to determine
section poP ible
qualifying expenditures under the historic allocate funds for
statute. That section provided that a city may
historical museuma or historical preservation programs of which
science history qualified. Exhibits which would be historical in
nature would qualify per the Attorney General's office. Maintenance
and operation expenses essociated with those exhibits would also
qualify. Some cities provided funding through a general fund.
Science tLind was preparing
in the historical andg t uribmo areas. for Council
considera
Mayor Castleberry stated that additional figures would be presented
to Council for consideration.
1!I Drayovitch replied if Council so desired.
k Council Member Smith suggested that those figures be given to staff
to prepare for a future meeting.
Council Member Miller felt that he would like to help fund the.
program until they were self-sufficient. He would like to help
them get over this critical period of time. whether the City used
hotel occupancy tax funs or general funds he wanted to help the
organization.
Mayor Castleberry indicated that he wanted to have the Science Lan
f Board decision regarding the issue.
B. The Council received a report held a discussion and gave
staff direction regarding a resolution petitioning conthe e Texas
Alcohol Beverage commission to enable the Couroio
ordinance prohibiting the possession of an open container or the
public consumption of alcoholic beverages in specified areas of the
City.
City Manager Harrell stated that this item was designed d to give th action
i Council background information on the proposal. Appropriate
if desired by council was to request staff to develop a resolution
x
l
I
rtiw~
~aadaNo. 9 •
City of Denton City Council Minutes {ga~Qdlf
August 16, 1994 -
Page 24 6
i
formally petitioning the state. Nothing would be decided for a
number of months when the formal resolution would be before the I
Council.
Frank Robbins, Executive Director for Planning and Development,
stated that this proposal was another tool to deal with the
t problems a;sociated with drinking in public. Those problems
included public intoxication, property damage, disorderly conduct,
litter, vandalism, and assault. In Denton, many of these problems
occurred in the Fry Street area. The State law mandated the
definition of the area for which authorization could be made to
disallow open containers. That area was called a "Central Business
District". In Denton, that area would include the downtown area,
Oak Street and the Fry Street area. The Central Business District
had to be at least ninety percent used or zoned for commercial
purposes which the proposed area followed. The process involved
three steps. The first was for the Council to approval a resolution
which petitioned the Texas Alcohol and Beverage Commission for
authorization for the Council to consider an ordinance which would
ban the possession. The second step was to present the petition to
i the Board. After approval by the Board, the Council could consider
f an ordinance banning open containers in the central Business
District with some exceptions for special events.
E City Manager Harrell stated that the Texas Municipal League was
very active and had taken a strong role in attempting to secure
legislative authority for a city to take action. The Leaque0s
position was that a city council should have the right to make the
determination in what locations, if any, these kinds of ordinances
should apply. The legislation was drafted fairly narrowly and if
Council approved a resolution, a filing would be made for State
approval. The boundaries were not the cleanest and might present
a problem.
Capt. Cary Matheson of the Denton Police Department presented a
j video regarding the proposal. Between 1992 to date, there were 192
custody arrests for the offense of public intoxication in the Fry
Street area which included Avenue A, Fry Street, Hickory and Oak
Streets, Beyond that, other violations included minor in
possession and after hours consumption violations. In that same
time period, there were 79 custody arrests and 101 citations as a
result of activities in the Fry Street area. He presented a video
which covered several years of problems on Fry Street.
Council Member Cott stated that eight weeks ago the situation
presented by Capt. Matheson existed. An ATM was damaged at the
First State Bank as well as a parking meter. At that time the
j neighborhood businesses decided to do something to try and stop j
i
3
I
w
uN1~
r
Fonda:Ia
4g anra~l
City of Denton City Council Minutes --41
bugust 16, 1994 -~JL_
page 25
those types of activities. Various meetings were held with the
area businesses, city staff and some Council to ono thor a astreet of tito j
to open containers, to individuals sleeping
was made to try and use
people urinating in public. A suggestion
beautification in the area.
i Cindy Lou Dampf stated that she was the founder of the Fry Street
Berets which was a protectian group for businesses and students in
the area. They worked with the police department in solving
problems in the area. One of the main prcblems in the area was
vandalism of the businesses which had boen reduced recently since
the meeting with the business owners. Another problem was with
youths under the age of 18 on the street and drug dealers from out
f of town. she had been warned by individuals on the street that if
the Council passed an ordinance ache felten that con ai er,s, that there
would be rioting in the area.
ordinances were not being enforced and that there were not enough
police in the area.
Council Meer statements made Cott
by tMe. Dampf. The police tneagree eded tottakey care the stated hat he did what was happening in the area.
Joe Dodd stated that of the many problems in the area, there were
many offenses already on the books. Kids were the problem in the
area. An open container law would take oIt favored fa the street curfewand
more children would he in the area.
age 18. The bicycle cope were great around UNT and their The relationships with the students had changed greatly. he suggests
times for problems were 9100
p Those officers
placing foot cops in area during those times. bec me a
wallcinnqq that beat would learn that individuals who passed snoopen
potential problem. He suggested
container ordinance foot patrol officers be tried in the area.
Don Lindow felt that the police department was doing a great job in
the area. His main concern was regarding beautification of the
area. He suggested changing the time for sweeping the street as
cars were already parked there by time the sweeper came by. He
He asked what was the
felt that the area needed to be kept clean.
be part There of were
motivation r the esol consi , der this ordinance.
many homeless adolescents in the area which might the
vandalism problem.
due to the problems in the Police Chief brought the problem area.
Mayor yor a Castleterry stated that the
L
sa
ra~.rrj~
~rta
w~
•v~
~erdaN~ y
City of Donton city Counci). Minutes AgaidaR _
August 160 1994
Page 26 6 >
Lindow stated that there was a concern that the Council would pass
issues when individuals were not around to dot-ate the issue with
i the Council.
Council Member Miller stated that he had been asked by the North
reissue. garding He hoped that the
the Council and its procedures.
Texas lof the issue this
take care Bill Miller felt that there were sufficient laws on the books
regarding the problems in the area. More bicycle patrols were
needed. When the college students were gone for the summer, the
j high school students wore still in the area. He felt there was a
need to make sure there was no seasonal drop off with the patrols
in the summer. Many of the problems were dun to minors under age
in the area. He suggested opening a police store front in a vacant
shop. He felt that Fry Street was not in a Central Business
wothe uld it Street
be eligible for blckd in a
district. inessk dis trict it
central bus grant
funds the same as other businesses in the downtown and would fire
protection be equal in that area.
Council Member Perry asked for the total number of arrests and was
a majority of those arrests underage minors.
Matheson replied that of the approximately 200 arrests, tho biggest
majority of those were for minor in possession which could include
someone of college include persons 15-17 g years of s age. than The figure was for S years
old and above.
Counoil Member Perry felt that there was a need to rely on the
Police Department with their direct experience when dealing with
the situation.
Counoil member Cott asked that if the application were made for the.
zone, would it have to be implemented.
City Manager Harrell stated that yes that could be done. The first
step was to consider a resolution authorizing staff to make
application to the Texas Alcohol neverage Commission for this area.
it that were granted ki State, then the council could consider an
problem specific on area.
ordinance pd which recent would initiat ives containers would help in the that
Staff ho Pry
Street.
Council Member Miller felt that there was a definite problem on Fry
Street but was not sure that an open container ordinance would be
the solution. He felt that legal interpretations regarding
I
v
h OVA
~e
I
Agandalte ~ r
City of Denton City Council Minutes
~3t8 / • 9
August 161 1994 / O~ 7 Z
Page 27 U O
i
Council's options on what they :ould do might be helpful. If a
large part of the problem was underage individuals in the area, a
new ordinance would not solve that problem. He supported the idea
of getting an interpretation of whet would be a downtown area.
Council Member Chew felt that an open container ordinance might not
be the right way to go. He believed that there were enough laws on
,p the books to help solve the problems.
Council Member Smith was opposed to included the Oak Street section
in the downtown area. That was a historical district and the
residents there had rights. She would not like to see the Square
included in the area also. A definition of state law for a central
business district was that it was a compact and contiguous
geographical area. The Oak Street area was not compact. She felt
that h is under way not which in worked faor i of t asking businesses
for owners would help. She wa a
resolution.
Mayor Castleberry summarized that the Council wished to have staff
possibilities retuni with o help elevate sea of the poblems.e taken with the
current law
council Member Smith added that the business owners be included in
order to find out what was needed and their views on the situation.
She felt core information was needed before consider!.ng proceeding
with any type of ordinance. '
Consensus of the Council was to proceed with staff inv43stigation of
possibilities of measures which could be done regarding the
problems in the area.
C, The Council received a report, held a discurision and gave
staff direction regarding a proposed resolution to the Texas
Municipal League regarding the appointment process to city boards
and commissions.
Council Member Killer stated that this was not an attempt to change
the open meeting law as it served a good purpose for the citizens
of the State. There was one provision which had created problems
for cities. Until last year, it was legal for a Council to discuss
potential members for boards and commissions in executive session
as long as thn nominations and elections were done in open session.
{ The Attorney General bad determined that only if a board or
I commission were a decision making board were those members
considered officers of the City. It was felt that it was unfair to
citizens willing to serve the City to have these discussions in
open meetings. He was proposing that the Council direct staff to
r ,
M
war
{
i "'10
~gdndalt
City of Denton City Council Minutes
]august 16, 1994
Page 28
prepare a resolution to forward to the Texas Municipal League
` I asking for a technical correction to the open meeting law
clarifying this issue and strting that for purposes of discussion {
for appointments to boards or commissions, the individual under
consideration could be considered officers of the City and the
discussion be held in executive session. This suggestion was for
the protection of citizens. This would not weaken the open
meetings law.
Council Member Smith stated that the current interpretation
circumvented the open meeting law.
h Council Member Chew agreed that the Council should consider this
resolution. He felt that this was an error in interpretation of
the current law.
Council Member Perry felt that the Council was much freer with the
current system, it took less time and was performed in the open
which he liked. He had an equal opportunity in the selection of
members to the board/commissions.
Council Member Miller stated that the Council could use the same
system but do the discussions in closed session. The procedure
would stay the same but the discussions would be in closed session
and the nominations in open session.
Council Member Cott stated that he did not like anything which
i would close open records.
i
v Miller motioned, Chew seconded to direct staff to prepare a
resolution for Council consideration to forward to the Texas
f Municipal League. On roll vote, Cott, "nay", Miller "aye", Smith
"aye", Chew "aye", perry "nay", and Mayor Castleberry "aye".
Motion carried with a 4-2 vote.
b. The Council received a report, held a discussion and gave
staff direction regarding the formation of a blue Ribbon Committee
to study the issue of fire protection in the downtown area.
Council Member Miller stated that this was a request for Council to
consider the formation of a committee to study the issue of fire
{ protection in the downtown area and to present recommendations for
Council consideration. He was not indicating that it was a wrong
i decision to close Central Station. He suggested having a review
€ all aspects of the issue.
III Council Member Smith suggested that with most of the possibilities
for various uses of the fire facilities and various station
p;
1K V
11i.O
AgondaNo`94't033
i A9aadalte
City of Denton city council Minutes r
August 16, 1994 7Li vl
Page 29 O
location, the Fire Chief and etafi had worked to recognize the
potentials for locations of stations and response times based on
Council made the daaision
the standards and accepted requirements.
to close station one based on the reports presented to Council by !
the professionals base on their understanding of the requirements
for fire protection. The City's fire department was dedicated to
the protection for all of the citizens of Denton. The Department
was not a volunteer department run by non-professionals. The
Council agreed unanimously at the June 17th meeting to take several
actions. One was to ask for reports on possible solutions which
had not been presented as of yet. There was to be a report on
optional ways to help install sprinklers on the Square. She felt i
that there was not a need for a task force at this point in time as
much as a need for completion of June 17 meeting. Once completed
and that information reviewed, the Council might decide to take
some other action. Sprinklers were needed in other areas as well
as the Su
needed,ha task Council force might tbe neededation and if a
ue are.
bond iss
Council Member Perry agreed with council Member Smith.
Council Member study Miller as
would help there a perception of inadequacy on the Square solve
the issue.
Miller stated that the feeling of the downtown business owners was
that the deoioion to olose Station one was not done in open forum.
Most of those decisions were done during the budget process in the
Civil Defense Room and when it came for a final decision, there was
little or no discussion. Council depended on the Fire Chief and
staff for information and any study would also use that input. His
understanding was the decision came from the Council and not from
the Fire to pay for more firelpr did not know protection if the
highertcost.
would be willing t to pay
He felt there was a credibility issue and an issue of individuals.
was dona in
not
close~session ebut of how the was in open process during he budget hearings.
i Council Member Chew stated that the Council held a number of
I meetings to discuss the issue. The issue was very well covered in
the newspaper and on the radio. The downtown people were aware of
what was happening. He was c,n the Council at that time and Council
Member Hopkins made the motion and he seconded the motion to close
E Station One. He felt it was good decision at that time and still
i felt so. He agreed with Council Member Smith to look at all areas
of the community for fire safety. There were a number of areas of
number coverage.
minues Even
the community within which
to now, e meet the etime was City's
the allocated have
i
,r
r
^arm
~geadaNo r
Agodalt9 2
City of Denton City Council Minutes e
August 16, 1994 7F/
Page 30
key rate. He also agreed with council Member Smith that the
Council needed to proceed with the directions given at the June
17th meeting. He felt that if the downtown were to be secured,
sprinklers needed to be installed.
Art Seeley Jr. stated that there were citizens in the community who
were interested in fire protection and in a way to hire more fire
fighters. He asked the Council to be willing to explore different
options in regards to hiring more fire fighters and to reopening
the Central Fire Station.
F Council Member Perry stated that he was on the Council when the ;
decision was made to close Station One. He stated that everything
which the council considered was properly done and never anything
done which the general public did not have access to.
Council Member Miller stated that he was presenting the perception
of the downtown area and was not saying it was correct. He felt
there was a need to look at the whole city. Fire protection was
not limited to equipment only but included sprinklers, fire
j detectors, etc. This was not a proposal for opening Station one
1 but h+Ave a task force to look at the whole issue.
i
Council Member Smith felt that the issue might come to a point
t where a task force was needed. She preferred at this point in
time, to hear what staff would suggest and follow what the council
decided to do on June 17th.
Mayor Castleberry stated that he was also a member of the Council
wh-sn'che decision was made to close Station One. He did not feel
a ,task force was needed as the Council was elected to make
decisions. A decision was r:.47r on the issue and the opticom system
was being installed in more intersections which would reduce
response time. He was anxious to get the staff reports and to push
for sprinkler systems in the buildings. s
Council Member Cott felt that the downtown area was the true center
of the City and the first entrance of the City. If it were
destroyed, there was no other place in Denton which could so hurt
the economy of City. He felt that Council Member Miller was
correct on this issue.
Council Member Miller stated that he was not suggesting that the
task force would make any decisions or that any decision that a
prior Council made was incorrect. He felt that now was the time to
reconsider that deo:sion and now was a good time for a citizen task
force to assist with the process.
1,
Aaenda NO-9-41--aft?
AAendall
City of Denton City Council Minutes
0 August 160 1994 We
Page 31 7~ 7•►~
r:
Council Member Smith stated that the Denton Record-Chronicle had I
published an editorial endorsing the action the Council decided.
Mayor Castleberry agreed that that had been done.
Council Member Smith stated that the Council's action was well
' known in the community and reported accurately.
Miller motioned, Cott seconded to direct staff to prepare a
resolution to establish a citizens task force to review fire
protection in the entire downtown area.
On roll vote, Cott, "aye", Miller "aye", Smith "nay", Chew "nay",
Perry "nay", and Mayor Castleberry "nay". Motion failed with a 2-4
vote.
Ile There was no official action taken on the Executi,v Session
items discussed during the Work Session.
12e New Business
The lollotfing items of New Business were suggested by Council
Members for future agendast
A. Council Member Miller asked that staff prepare
information on the Corbin Road situation regarding the low water
y.' crossing and any options available.
% w
130 The Executive Session was not held during the Regular Session. !
With no.furthsr business, the meeting was adjourned at 10415 p.m.
t"r BOB CAMESM, MAYOR
CITY OF DL%`TON, TEXAS
ft3r r 9
i,:• J IFER WALTERS
CITY, SECRETARY
•a' CITY OF DENTON, TEXAS
ACCO0204
it
to
,i e
p9r
sri_~ ~ f1!,~"11r ,iNMS~Mr .~~-.a r ♦ !7.' ."w~'~gAYSe~
r
r
~1ry♦ lr+ Y
[ L^ T
r :':f'yry ~Ij
&~!!;,TJir
' . r ~ . ~4.. , :p.• ~ly rjs ~f^..;U.Srr .f rrf i'
v' c
' -~"SyA~t~ .tom 3 '
~ Y< .rC }S ! .tom'' ~ ~ r'.•.
1
C _tir rP
F~
f
t fR -`liar'
I
!t\SVDOCf~REf\IIO"0l.Wl *
A" y 3'
RESOLUTION NU. u
A RESOLUTION OF THE CITY OF DENTON, TEXAS, DESIGNATING A "WALL OF
HONOR" ACKNOWLEDGING THE MANY CONTRIBUTIONS OF CITY EMPLAYEES1 AND
PROVIDING FOR AN EFFECTIVE DATE.
i ~
WHEREAS, the City of Denton has developed and implemented an
organizational mission statement which states: "Tc. be a leader
among cities in delivering outstanding quality services and
products through citizen involvement, innovation, and efficient use
of resources"E and
WHEREAS, the Cit of Denton i
dedicated to quality service for
the citizens of Denton; and is
WHEREAS, the City wishes to provide an opportunity to display
the many complimentary letters received each year concerning
outstanding customer service given by city employees: and
WHEREAS, on Tuesday, October 4, 1994, a reception will be held
to dedicate the City's "Wall of Honor" which will display letters
received from citizens recognizing a "job well done" by City
employeast NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I That on Tuesday, October 4, 19941 the "Wall of
Honor" will be officially dedicated.
699T1411 II• That the City Manager shall be directed to ensure
that letters recognizing the outstanding customer service given by
City employees be acknowledged by placing them on the "Wall of
Honor."
SECTION iII. That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1994.
r,
BOB CASTLEBERRY, MAYOR '
ATTEST:
JENNIFER VALTERS, CITY SECRETARY
(i BY
I
~ MYaYM8Ni41iF:IMCMie.•u
I
1
1 .4 K~.'r v. <fYV .HVf~♦I...,yf f..'.i 1 _i. a.. ...-nay...
Y Y
3
a , r ~eedaNo 9~ ~ ,
Agodalte
Date '
APPROVED AS TO LEGAL FORM 2 t
DEBRA A. DRAYOVITCH# CITY ATTORNEY
$Ys Jhf
i
}
X515 Y ~ {
I T `x7 I
! :lad Y ~ t
Page 2
= r
r V TY
.
a 4
r
f mJ /.i ti y.
-Af
t'ip C„ ~,ry y'T 1! 'Y>> 1 `./y a+.:'+ f^~ J 'ir.~
.y~1 4i,,_;'1.• _rF ',:a crF'cn ~,~LT' *YV ?'l-•'+
11~-..'~"hi. , =Q r' i" d~+ tats! •r:- 4 F .
4. •5 * ti'"sj , ,,~~'{{yid w
-,xst
J
!k t. .
. . rt
t~ h>r~ y
D e ~
sr
.t, ~lriP .
1 Y'
P"`r, wax.4yI~ r ;.•w ~ ~.ti "Fi `
in l
1
. , fxsA wy
owl
s
Alft"
x ] y
r"
• f
CITYOIDENi'GNI TEXAS fdLtNICfPAL 8!1l1DING DENTON, TEXAS 76201 TELEPHONE (817) 666 M?
0*6 of the C'ty Alanagef {
,5 a
CITY COUNCIL REPORT
TOi Mayor and Members of the City Council
FROMt Lloyd V. }carrell, City Manager
DATES September 30, 1994
1 SUBJECTt Request From the Oinnings Elementary PTA To Close Sun i
Valley Drive From Yellowstone To Stuart Road For A Fail
Festival
r ,Its
RECOMM OATIONs ,
To temporarily close Sun Valley Drive from Yellowstone to Stuart gs
Road,on Saturday, October 14, 1994, from 4100 p.m. until 10 p.1m.,
for an annual fall festival sponsored by the winnings Elementary
"PTA.
1 l ~y
Debbie Seyea, Vice President of the Ginnings Elementary PTA, is
b`~° • requesting that the street be closed to provide adequate space and
safety for those attending the annual fall festivals The attached
request for street closure reflects that the affected neighbors
~s support this action.
Please advise it I can provido additional information.
RESPECT Y SUBMITTED,
J s
S fVV/
Lldyd V. Harrell
s City Manager 1
Prepared byt
I
l 1,
.rt ~r•
1.
!r K F°
osep or uga~a.
Assistant to the 4/y Manager
's "D[dicalyd to Quality Semict"
w
~pandeNo CI u
Aga~0Ze 1S q
This request for a street closure is made 1e innings
Elementary Parent Teacher Association, 820 Sun Valley, Denton, 2 egc
Texas. The contact person is Debbie Beyea, PTA Vice President.
We are requesting that a section of Sun Valley Drive from
Yellowstone to Stuart Road be closed from 4 to 10 P.M, on October
14, 1994. On this date we will host our annual Fall Festival
which will be set up on the front lawn of the school next to Sun
f Valley. The street closure will make the entire area safer for I
children and parents attending the Festival. We also requested
i and had approved this same street closure for last year's
Festival.
;I .r. Current residents affected by the closure have signed in
{ favor (see attached). As a goodwill gesture, the PTA has given
complimentary refreshment coupons to all residents affected by
the closure.
%
yY fir/ 4 F, 1f ~ t
17
owl
■
C4 W
AgeodaNo
Agenda;le A,,,nu
RMQVNBT Von &W"NT QL . s
n i
Organization Requesting Street Closure: co~~✓~JiNGS *'ney ,cV
P~~r r~cN~ ~SSOCi~4-nonl _ ,
Contact Persona ~SB~E" /REV . YIC.~3. ClKdldbS PT71
Address OZ6 50 Al ~ Arr✓T-&w 6so
PhoneIlumberi n~ 3br J P'18- /51/5
Street To Be Closedi _k0d YAGtEy
Date and Time To Bc Closedi Or-To 199 ie-00 - 16:00 /?1p,
Intersecting Streetsa Iruggr 14a. Adi> VEu&g1S73NE-
Reason ForClosurei d 1, &y fESrIVh kLVSrry Vj I3Wfr✓2
~Qf?~N SNDh^l - STA!FtT CGeS~/1'LF /hsyeFS si&-M Aodel
PINea late the lower portion of this tors. ALL Property ow, re and/or
tensats at acted by the street olosure Moe: be contacER and must sign below with i
an indication of being is favor or in OPPasltion to the street closure.
Mama of Property Owner/ Address Authorlasd Pawos/ i
Yenant O of ProwstY elonatura othoose
~ :l•Q~ena Co~~1eeH 60~ sury YkUT ~,1~'t ('s,~/[~_ 1~n~~a/
2.
/3dU- 6* 3 SuqVAUQ
~'Z t.u59t ~rg0IL:
3~
4.x.1 6
s. ✓ a W 501Y V .
04
7. L
10. .
AIOi000TC
f I
FIIFA~~
I
pendaNo qu ~
a~oadaate
1
LOOP 288
r i
I e~
os '
W 06 wooc
a AN IA I 1
! of 07 NERCMS
8 A
Sm VALLvA
lump
~ s
a
0 PAW
F
SEE MAP 24
I
bil~~ll.r
+gendaNo
Ageodalte
Wte ~
jj RESOLUTION N0. 4
i
A RESOLUTION TEMPORARILY CLOSING SUN VALLEY DRIVE BETWEEN STUART
ROAD AND YELLOWSTONE STREET ON FRIDAY, OCTOBER 140 1994r AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Debra Beyea, representing the Ginnings Elementary PTA,
is requesting that a portion of sun Valley Drive from Stuart Road
to Yellowstone Street, a public street within the corporate limits
of the City of Denton, Texas be temporarily closed to public
vehicular traffic between the h of having fund raising 00 p.m. o
October 14, 1994, for the purpose g
and
E WHEREAS, the residents of Sun Valley Drive, from Stuart Road to
Yellowstone Street, having signed and presented the City Council
with a petition agreeing to the temporary closing of Sun Valley !
Drivel NOW, THEREFORE,
J THE COUNCIL OF THE CITY of DENTON HEREBY ORDAINS:
gym That Sun Valley Drive from Stuart Road to Yellow- j
stone Street, a public street in the corporate limits of the City I
a of Denton be temporarily closed to vehicular traffic from the hours
' of 4:00 p.m, and 10:00 p.m. on October 14, 1994, for the purpose of
having a fund raising event.
SECTION YI. That the City Manager shall direct the appropriate
city Department to erect barricades at Stuart Road and at Yellow-
stone Street, at 4:00 p.m. and to have the same removed at 10:00
p.%I, on acid date. j
t
FOBBED AND APPROVED this the day of 1994.
BOB CASTLEBERRY, MAYOR
f, ATTEST:
JENNIFER HALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM: i,
DEBRA A. DRAYOVITCH, CITY ATTORNEY
s
Byl er k
---~r XITY
~C.~ ot
-t Y
` / , t\ y
7f~r, {'~.t~,/' '~f..`_n dar3',.~'/s r7_$'~j-t e•~•' ~R.., Y r
ee~tl Y'i 4•! to ~ = ~t~~[1 .T'?k~ ♦ / ~f rr 7.
7..,`~'.r„ c y7"k,_}. r 1 I•ry~,"~ t v 't S`~ W I 'Y'
44,tq, r•~'i~t~1 iy~ \~r,~~~"q.,4~t ~v~;~'~ n y7i'
f
4 ^t + I M•' ` J3.' Syr. ~i
p
4 ~C 1, a -!S
~ 1r w y,
,0
ApI N
j
t;
CITY OI DENTON, TfXA3 MUNICIPAL BUILDING / DENTON, TEXAS 78201 / TELEPHONE (817) 568-W07
ONIOa of the City Manager
MEMORANDUM
TOt Lloyd V. Harrell, City Manager
!AO!!It Rick Svehla, Deputy City Manager
DATIt September 300 1994 '
' s1TBJECTt Variance to the Boise Ordinance i
Currently, Brown and Root and J.D. Abrams are rebuilding Teasley.
t>, Their current method of operation is to pour concrete paving from
9:00 a.m. in the morning until 3:00 p.m. in the afternoon. This ,
current kind of pouring schedule means that they begin sawing on j
' the concrete at about 4:00 in the afternoon and the cotVlete the
sawing at about 10:00 p.m. The existing noise ordinance which is
"r attached indicates that construction noises must stop at 8:30 p.m.
Thus the need for a variance to this ordinance.
x The contractor has advised that if the weather holds this variance
would be needed for the next eight months, but only for short ,
~
periods of time during that time period. For instance, pouring on
M? the south bound lanes usually ends between 3:00 and 4.00 p.m.
necessitating sawing until 10:00 p.m. This will last for another ==,{I
week or so. Later in the yeor next year, the north bound lanes
A: w will be poured. Because toler weather, the concrete curing
so the ..rig will be latert thus the midnight
me longer
time will
~ cut off time. Interspersed with these major pours will be smaller
ones at intersections, etc. that may also run past the noises
ordinance deadline= thus the eight month time frame.
of ~ .
I would stress the contractors statement about the sporadic time
table] i.e. we will not 'oe sawing late for the next eight months.
Rather, our estimate is maybe 20 or 30 days at various locations
over the whole two mile project. We have visited with the
contractor, and he has pledged to try to minimize the noise as much
a as possible. Therefore, we would recommend granting a variance to
J the noise ordinance until midnight .:bough May 30, 1995.
i ;
}
0
r s
.
"Dedicated to Quality Semite"
W
MY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 5668307
Off" of the City Manger
MEMORANDUM
TO: Lloyd V. Harrell, City Manager
FROM$ Rick Svehla, Deputy City Manager
DATEi September 30, 1994
r ,
BVSJRCTi Variance to the Noise ordinance
Currently, Brown and Root and J.D. Abrams are rebiilding Teasley.
Their current method of operation is to pour concrete V ving from
9:00 a.m. in the morning until 3:00 p.m. in the afternoon. This
current kind of pouring schedule means that they begin sawing on
the concrete at about 400 in the afternoon and the complete the
b- sawing at about 1000 p.m. The existing noise ordinance which is
attached indicates that construction noises muet stop at 8:30 p.m. ;
` Thus the need for a variance to this ordinanca.
ThE nontractor has advised that if the werAther holds this variance
would be needed for the next eight moonths, but only for short u
{ periods of time during that time period. For instance, pouring on i
the south bound lanes usually enc?a between 3100 and 4:00 p.m.
necessitating sawing until 10:00 p.m, This will last for another
week or so. Later in the year or next year, the north bound lanes
will be poured. Because of cooler weather, the concrete curing
time will be longer so the cawing will be later; thus the midnight
c cut off time. rnterepersed with these major pours will be smaller
ones at intersections,ete. that may also run'
y past the noises
ordinance deadline; thus the eight month time frame.
r'T r would stress tho contractors statement about the sporadic time
table; l.e. we will not be sawing late for the next eight months. ; .
Rather, our estimate is maybe 20 or 30 days at various locations f
TM over the whole two mile project. We have visited with the ,
contractor, and he has pledged to try to minimize the noise as much
as possible. Therefore, we would recommend granting a variance to
( the noise ordinance until midnight through May 30, 1995.
"Dedicated to Quality Service"
1
kp6ndeNo
Lloyd V. Harrell A9'~ndalta , G , 4
September 30, 1994 o~te~llL.. 1
Paige 2
If you or the council has further questions, I would be happy to
try and ®wer them.
,
^E R C $veh a
Deputy City Manager
RB,bar ;
AFEMOOSSF
4^' Attachment
ICI ~`,7 • °p,.
B fl r r yy
is •rt ' ~ rr t ii P
qY ~I S
u I .T. lF6.
I
b~
.
~ t
1.
y (I~i.SS~'A1A~''.rw`.........-.. _ ,.•:w .«a ~l.e r?:r,'p. Ty'~+ I
r7A
r I
, 47.W~endaNo 9~
Apdalt
Chapter 20 Date
NUISANCES" 7J S
Art. L In General, If 90.1-90-30
f Arl. It. Abandoned Property, If 20-31 -20-70
Div. 1. Generally, It 20.91-20-40
Div. 2. Motor Vehicles, If 20.41-20-70
Art. IM Grow and Woods, ff 2071-90-78
t} ARTICLE I. IN GENERAL
Sec, MI. Noise.
W It shall be unlawful for any person to make or cause any unreasonably loud, dis-
turbing, unnecessary noise which causes or may cw4!4 material distress, discomfort o injury
% to persons of ordinary esnsibilitiel In the Immediate vicinity thereof.
(b) It shall be unlawiW for mny person to make or cause any noise of such cha►acter,
Intensity and continued duration as to substantially Interfere with tlw comfortable eNoymeat
of private homes by persons of ordinary seasibllities.
(c) The following acts, among others, are declared to be noise nuirancee In violation of this
Code, but such enumtratlon shall not be deemed to be exclusive: 1 '
r (1) The playing of any phonograph, television, radio or any musical Instrument in such
manner or wAh such volume, p"ci.A'arly between the hour of 10:00 p.m. and 7:00
a.m., as to annoy or disturb the gytcl. Comfort or repose of persons of ordinary sen•
sibilides in any dwelling, hotel or other type or residence; J
(2) The use of any stationary loudspoaker, amplifier or musical instrument in such manner l
or vdth such volume su to annoy or disiurb persons of ordinary sensibilitles In the
immediate vicinity thereof, particutariy between the hours of 10:00 p.m. and 7:00
a.m., or the operation of ►ach loudspeaker, amplifier or musical instrument at any
j time on Widay; provided, however, that the city coun-il may mate sxceptions upon
application when the public interest will be served thereby,
(S) The bioo\vina of any steam whistle attached to any stationary boiler or the blo%ing of
A" oiler loud or far-reaching steam whistle witMa the city limits, except to give 1
notice of the time to begin or stop wcrk or as a warning of danger,
(4) The erection, excavation, demolition, alteration or repair work on any building at any
time other tW between the hours of 7:00 ern, and 8:30 p.m., Monday through
'Cross refonti a-Protected migratory bird roosts declared nuisance, 1041; impectl in
and abatement warrants, 11046 et seq.) insect and rodent control in mobile home and reo
reational vehicle parka, 132-91.
suyq. ho,1 1S88
I
~t
d4 ~
.120-1 DENTON CODE
I
1 Saturday; provided, however, that the city council may issue special permits for such
work at other hours in case of urgent necessity and in the interest of public safety and
` convenience;
(b) Tha creation of any loud and excessive noise In connection with the loading or un-
loading of any vehicle or the opening or destruction of bales, boxes, crates or con•
talners;
(6) The use of any drum, loudspeaker or other instrument or device for the purpose of
attrzAhig attention by the creation of noises to any performance, show, theatre,
motion picture house, We of merchandise or dfsp!ay which causes crowds or
people to
block or congregate upon the sidewalks or streets near or adiacent thereto.
(Code 1968, if 14.20, 14.21)
Cron reference-Animal noise, 4 6.26.
Sec. 20.2. Odors.
(a) It shall be unlawful for any person to create or cause any unreasonably noxious,
unpleasant or strong odor which causes material distress, discomfort or Injury to persons of
ordinary sensibilities in the immediate vicinity thereof.
(b) it shall be unlawful for any person to create or cause aryy odor, stench or smell of such
character, strength or continued duration as to substantially interfere with the comfortable t
enjoyment of private homes by persons of ordinary sensibilities.
(c) The following acts or conditions, among others, are declared to be odor nuisances in
violation of this Code, but such enumeration shall not be deems! to be exclusive;
t,
(1) Offensive odors from cow lots, hog pens, fowl coops and other similar places where
animals are kept or fed which disturb the comfort and repose of potions of ordinary
' ( sensibilities; I ;
(2) Offensive odors from privir + and other similar places;
(3) Offensive odors from the use or possession of chemicals or from industrial processes or
activities which disturb the comfort and repose of persons of o
edtY sensibilities;
(4) Offensive odors from smoke from the burning of trash, rubblsh, rubber, chemicals o.,
other thing or subAanoes;
` (6) Offensive odors from stagnant pools allowed to remain on any premises or from
rotting prhage, refuse, offal or dead animals on any premises
(Code 1988, 4;14.22, 14.23)
'i See. 20.3. Garb
age, trash and rubbish nufaanas-Generally.
(a) Storiq or keeping rer&We, trash and rubbish. The atorinq or keeping of any and all
stacks, heaps or piles of old lumber, refuse, junk, old care or machinery or parts thereof,
garbage, truh, rubbish, scrap material, ruins, demolished or partly demolished structures or
buildings, pilot of stones, bricks or 1~roken rocks on any premises bordering any public street
9upp. No. 1
1390
WW
. 1 sal AgendaNo 9L/,
DENTON CODE
Agenda] ta
Saturday; provided, however, that the city council may issue special permits for such
work at other hours In cease of urgent necessity and In the interest of public safety and
convenience;
(6) The creation of any loud and excessive noise in connection with the loading or un•
loading of any vehicle or the opening or destruction of bales, boxes, crates or con•
tainers;
(6) The use of any drum, loudspeaker or other instrument or device for the purpose of
attracting attention by the creation of noises to any performance, shove, theatre,
m4Jon picture house, We of merchandise or display which causee crowds or people to
block or congregate upon the sidewalks or at rests near or adjacent thereto. 1
(Code 1966, l1 1,4.90, 14.91)
Croas referenee-Animal noise, 4 6•26.
Sec. 10.3. Odor&
(a) It shall be unlawful for
any person to create or cause any unreasonably noxious,
unpleasant or strong odor which causes material distress, dlscom!brt or Injury to persons of
' ordinary pnsibllittes in the immediate vicinity thereof.
(b) It shall be unlawful for any person to create or cause any odor, stench or smell cf such
character, strength or continued duration as to substantially Interfere with the comfortable
enjoyment of private home 40
c
by persons of ordinary sensibilities.
(c) The following seta or conditions, among others, us declared to be odor nuisances in
violation of this Code, but such enumeration shall not be deemed to be exclusive;
11) Offensive odors from tow lots, hog pens, fowl coops and other similar places where
aalma s are kept or fed which disturb the comfort grid
sensibilities; repose of persons of ordinary
(4) Offensive odors from privies and other similar places;
(3) Offinsiw odor nom the use or possession of chemical or from industrial processes or
activities which disturb the comfort and repwe of persons of
ordinary sensiti
.lWties;
(4) Offensive odors from smoke from the burning of trash, rubbish, rubber, chemicals or I
other Udnp or substance; I!
(6) Offensive odors from stagnant pool allowed to remain on any premises or from
rotWW garbye, refuse, offal or dead animals on any premises.
(Code 16660 J#14.22,14.2.1)
Fen. U4. Garbage, fresh sad rubbish nubanees-Generally.
W Swrlrrr or Among ga4W, troth and rubb(ah. The storirg or keeping of say and all
at&*, beeps or pile of old lumber, refuse, Junk, old care or machinery or part thereof,
garbage, trash, rubbish, scrap material, ruins, demolished or partly demollhsd struetutea or
buildings, piles of atones, bricks or broken rocks on any premism bordering say fahlit street
ttupp. No.1 1890
'„j
.11.1 . r n
Agend&
Allendale
TX Leo 76 a
BI'0'JVf1 & Root, Inc.
/ (817) 280-M
September 27, 1994 FAX (817) 282-SM
Mayor and Members of the City Council
City of Denton
Denton, Tew 76201
RE: Noise Ordinance Permit f
Dear Mayor and Ct,,,uai! Members:
Brown do Root, Inc., e4 uests a permit t}om the City of Denton to saw concrete until as late as requests
12:00 midnight on some of the days that we pour concrete.
i
We have contracted with the State Depsstment of Transportation to pave FM 2181 ftom 1356 to
and Including a small portion of Lillian Miller Parkway as well as 1 35 E Immediately east and
west of FM 2181. This will be done In various phases covering irtermittemly a six to eight month
period.
f , In order for the construction to be done in a timely fanner and the project to be completed as
scheduled, our comxete crew will need to pour concrete until about 5:00 pm on certain days. The
concrete will take several hours to set up enough to where we can get a saw on it to control the
x ° cracking and then it will take several hours to saw it. We cannot wait until the following morning
j b6ma tacking may occur before then.
s Tim will vary as to when we quit sawing. Sometimes it will be before 8:30 pmr Other times it
may be 10;00, etc. However, it will fat exceed midnight.
Thank you very much for your consideration.
Yours Very Truly, ;
PP/neb
f A Hanhntan C=PWV
~~'wrxwsl.MM~'m'rr4i.w.o.t'.v"rnrv,:,. , • 1'
. ro-J :1''r. „ . .r r:a r,. 1x $.b t. .~:+'.f9.!?•.ifis~
CITY
- =coy
'to
M
t hJ a pp jj{ Ty { 4 r v` r '.'r
41
T•
• w~ ~ u. X~ fit: .Y ~ t. ~ .'1 J . '
r w f Jw.r ~ .a§M:
a ~I y5!y f.' ~~1 s k VoI
tIlk t.'v;~ =►r'_f ,trr.,,~wp)yy
11 (~~i~f
4w -1
i
't
0,
Y _ ~
owl
Olt
N"A .
1
VON
o
` OiMV
0M 0l pSpff0N, TEXAS MUNICIPAL SLNLDINO / 216 E. Mci INNEY / DENTON, TEXAS 78201
MEMORANDUM
DATES September 290 1994
TOS Mayor and Members of the City Council
FROHs Frank H. Robbins, Executive Director of Planning and
Development
SUHJECTi Power's Flags
Jim Powers will report to the Council at your
j No understand Mr.
October 41 1994 meeting concerning flags. This memo is designed to
inform you of the situation, to date.
Attached is the information sent to P62 for their meeting of
Beptembsr 28th, at which time they held a work session concerning
Mr.: power's report and request to them of August 24th. For a {
„f chronologyp see page 113 of the P62 packet. P62 decided not to
direct staff to prepare an amendment for -,onsideration. In other
words, they denied Mr. Power's request amend the sign ordinance
to enable U. S. flags to be flown in any form or manner without j
regulation. '
f on September 27th, Mr. Powers received a wind device permit for
wind devices, including flags, on his premises. This is the second
of a possible three wind device permits issued for Mr. Powers' car
lot. The first permit expired on August 12, 1944
Frank obb , AICP I
1. FHRslah
WOW',
8171688-8200 D/FW METRO 434.2629 t
1 i
DA t V22,8/94
~oadaNo
STAFF REPORT Agondalle
Qate
TOr Planning and zoning commission
FROMt Frank M.Robbins, Executive Director
Planning and Development
SUBJECTi SIGN ORDINANCEi U.S. FLAGS APO WIND DEVICE STANDARDS
This item was scheduled for discussion in work session on
September 140 1994, but the Commission adjourned before it was
taken up. on August 24th, Mr. Jim Powers spoke to you concerning
amending the sign ordinance to (generally) exempt U.B. flags
flown as wind devices from sign ordinance regulation. At that
meeting you directed staff to place the issue on your next agenda
for discussion.
Attachment i are applicable excerpts from the sign ordinance.
Flags are categorized and regulated as "wind devices" for which
pormits are required. Three permits, valid for 30 days eaoh, may
be issued to a premise three times per year, with a 30 day
separation period between permits, except for one U.B. and one
Texas flag flown by any means. These types of flags are exempt.
The Sign Board of Appeals denied a variance to these provisions
on September 1, 1994.
The sign ordinance, adopted in 1989, has undergone four major
reviews. During each of these reviews, the "wind device"
(pannants, streamers, banners, balloons, flags, etc.) issue has
been studied. The latest amendment in March 1993 added a 30 day
separation peclod between wind device permits. A sign ordinance chronology is Attachment 7. An excerpt from "the Sign Book" !
concerning flags that was provided City Council in the 1992-1993
sign ordinance process is Attachment 3.
Following ee Issues associated with flag standards.
Content Neutral& Visual slight and Safety
In 19810 the U.S. Supreme Court in Metromedia, Inc. V. San Diego,
stated that content based distinctions in sign regulations may
violate the First Amendment. Further exempting U.S, flags from
regulation, but not flags with other contents, may violate the
content neutral principle.
if one could fly as many U8, flags in any manner ono would
choose, why mould flags with other contents not be allowed?
if all flags and similar wind devices were exempted, visual
blight and motorist distraction (a traffic safety issue) would be
increased.
9~, E
*RP
Sign Ordinance AceadaNO
September 28, 1994
Page 1 A~Afl~alt9
__/0 -y_
Date
Q.s. 1►leq Law
The general means of display of a U.S. flag outdoors is on a flag
The sign ordinance exempts one U.B. and one Texas flag
flown in any manner from height and site standards, they do not
count as ground signs, and do not require permits.
s
The U.S. Code states that "the flag should never be used for
advertising purposes in any manner whatsoever". The applicable
U.B. Code s Attachment 4.
While a flag flyer may state the purpose of flying U.B. flags is
patriotic and not for advertising purposes, how would one make
such a distinction? If one flies for advertising purposes, all
should be regulated in the same manner.
Staff does not attempt to enforce the flag section of the U.S.
Code. Staff believes that exempting the V.S. flag from further
regulation in our sign ordinance would be inconsistent with the
content neutral principle and may encourage improper display of
the Americian flag for advertising purposes.
There may be some improvemerts to the existing ordinance that
could be made too
r
1. Increase our content neutrality.
2. Close a possible loophole. One U.S. and one Texas
flag flown in any manner of any site is exempt,
given the language of the current ordinance. What
was meant, however, was to exempt one Texas and one
U.S. flag flown on a flag pole.
3. Add flag site limits.
4. Add U.S. and Texas flag standards.
_A options follows
i. Staff recommends leaving the ordinance "as is". To
implement this recommendation at the September 28, 1994
meeting, PH could vote to give staff no direction, meaning
a change would not be considered at a later date.
2. Amend the ordinance an followst
Definitions rYempted flag means an all-weather durable
rectangular puce of fabric which is attached only on one
(1) side to a flag pole or building mounted staff and which
may or may not contain text, emblems or logos.
91.
Sign Ordinance
September 28, 1994
w
' page 3 apoodaNo~~„
f Ap01dal(9
~,e
Amend Section 33-212(b) as followsi mss.
(b) The provisions of this chapter regulating wind device
signs shall not apply to the followings
No permit shall be required to display (say 3
or 6) exempted flags on a premise that mast the
following requirements J
(1) If the exempted flags are displayed on the wall I
or roof of a building, the flags should be
securely mounted on a staff. These exempted
flags shall not count as roof signs.
(2) If the exempted flags are displayed on flag poles
in the manner of a ground sign, the number and
s spaoinq requirements applicable to ground signs
F shall not apply.
(3) The exempted flags shall have the following
height and site requirementsi
-mot-- -B- . Height. 1
Interstate 35 250 mg. ft. 40 feet
Loop 288 150 sq. ft. 30 feet
All other streets 60 sqe ft. 20 feet
(4) All U.S. and Texas flags may be displayed from
sunrise to sunset or may be displayed twenty-four
hours a day if properly illuminated during the
hours of darkness.
36 Exempt the display of all national, state and local flags
displayed on building mounted staff or flagpoles.
49 Exempt the U.B. flag from any regulations, the power's
request.
56 Exempt U.S. flags flown on duly 4th and on June 14th (Flag
Day). Exempt Texas flags flown on Texas Indspendencs Day
(!larch 2nd) m
64 Closing the "loop hole" only as follows
(1) MAMAS or Vase fleas. No permit shall be required to
display one (i) U.B. or one (1) Texas flag, or. both,
plawd on a fled Vole in the Wanner of a sign
on any one premise. If the exempted !lags are
displayed on flagpoles in the manner of a ground sign,
the number, height, size, and • acing requirements
a plicable to ground signs c3jall not apply, but the
flags and poles shall maintain the required setbacks
for ground signs.
{ /UO•
1
.111
"Owl
sign ordinance
September 26, 1994 AwdaNo •
Page 4 AGOAd3ltA 1
NtB nn
ems: a=stss
Other north Texas cities# regulations are summarised in
.r
Attachment Be
sign ordinance exempts
1
DentoiM
2. sign Ordinance Chronology.
1. "sign book"t regarding !lags.
U.S, Code concerning Le U.B. Flag.
So Other :S
rr' 1
r
I
,
,
'a
S p0100115
~µ4MYUM,4Yn'l~IAt YP r•.~u u
y
SIGNS AND ADVERTISING DEVICES 33.3
AoendaNo 9 mea ns a flag, banner, pennant, streamer, Inimial
Wjfd oon or similar lj.*W
device rnad~th, canvas, plastic, or other similar flexible mtlWs W tlr8e'WitIuT'a
frame cw other supporung structure, and used as a sign.
(Ord. No, 81.206, ¢ 2(A p. B, Art, 17A,2~ I(M-81; Ord. No. 89.017, f 1, 2.7.89; Ord,
No, 90-051,#11,4-3-90; Ord, No. 91AS, 11, 4.2.91) (Ord. No, 93-029,3.2.93)
caw hrom m . 041Wau a1 r s car oawroaio. ~,en4r,11.1
See. 334. IiUmptiotts.
The following types of signs shall be exempt from the provisions of this chapter:
(1) Governmental afens Any sign:
a. Erected or maintained pursuant to, and in discharge of any governmental
function,
b. Required bylaw, ordinance, or governmental regulation; or
c. Coated on property owned, leased, or under the control of the federal or state
government.
i
(2) B&I1YrIXst nj. Any sign within or on railway property, and placed or maintained in
reference to the operation of such railway;
(3) Uilljty &4nso Signs marking utility or underground communication or transmission
lines; ~
O Vehicle signs, Signs displayed or used upon vehicles, trailers or aircraft, unless such
vehicle, trailer or ofteran on which such sign b displayed is permsnently stationeb
or regolsrly used is a fixed location to serve the some or similar purpose of a
ntsanent or ably sl
Pe not affixed t
p~ to a vehicle, troller or a
lrcra
O s Opt . s net vls ble from street. Any slgn where no part of such sign Is visible from
i btk street;
(6) Holiday 211aL Temporary signs containing only holiday messages and no
commercial adverils g;
(7) Signs on person: or animals: Hand-held slim or signs, symbols or displays on
pertotts or animals;
It) Unused .&1 m, Signs being manufactured, transported or stored and not being used,
in any manner or form, for purNses of advertlstrts;
sup. No, 2 2297
~IAII'M/Vw
i ru
SIGNS AND ADVERTISING DEVICES 33.4 A.0ee8aNs -0 3
I Agondaite
(4) Signs on public orooerhr. Any sign located on or attache~;{~p a ublie street llg t'r/0
utility pole, hydrant, bridge, traffic control device, street signor other pu fla
i s+rucwre or building, or any sign, other than a temporary sign, located in, on, over, V
or within a public street, sidewalk, elley, easement or right-of-way, This prohMtlon
shall not apply to projecting signs In central business districts as permitted by this
article, markings made on public sidewalks as permitted by the Code of Ordinances
r or wind device signs placed over a public street by the city to advertise annual
community events;
(5) Coda co nit, snee_ Signs which do not comply with any applicable provision of a j
building code, electrical code or other applicable code or ordinance of the city;
(6) Trees and thrubL Signs located on trees and shrubs;
(7) Mallon picture signs. Signs which employ a stereopiican or motion picture
machine;
(8) $Igns obscuring or Interfering with view,
a. Signs located or illuminated in such a manner as to obscure or
otherwise Interfere with the effectiveness of an official trefrie sign, signal
or device or so as to obstruct or interfere with the view of a driver of 3
E approaching, emerging or intersecting traffic or to as to prevent any
traveler on any street from obtaining a clear view of approaching
vehicles for a distsnee of two hundred fifty (250) feet along the street;
b. A sign other then a traffic control sign or signal, In a triangle sight
area at ail intersections Including that portion of public right-of-way
snd any corner M within a triangle formed by a diagonal line
extending through points on the two (2) property Urns twentydlve (2$)
feet from the street comer intersection of the property lines or that
ppoolot of the Intersection of the property lines extended and
tntersecdng the eurbliML
(9) Certain mymineted si^ Signs, Illuminated from within or without' and which:
a, Are Iluminated in such a manner, to such Intensity, or without proper shielding,
so as to constitute a hasard to the operation of motor vebleles upon a public
street or substantially Interfere with the reasonable enjoyment of residential
property; or
b. Have any type of intermittent llumloadoN Including Mshing, fading, revolving
or blinking lights, or any typo of moving, travelling or changing message by
mans of !Rumination, exch►ding temporary Christmas lights and lights used for
time and temperature slgts;
supt. No. 2 2299
/oa
jp~
4
Uctt 1 ViN I.VUC
Agenda No
Agenda:te
tout not limited to, marquee signs for movie theaters, portable sigrB;, t c a e&bL4.10'y~ y
letters, billboards and poster boards designed for changing messages, an gasoline price ~O8
signs with changeable numbers.
(Ord. No. 83.206,; 2 (App. 8, Art. 178.1,}, 1(W•8S; Ord. No. 91.04% ~ XIV, 4.2.91)
Sea 33.62. aumptions$ k
Tho following signs shall be exempt from the pemit requirements of this chapter;
1) Wells signs fifteen (15) feet or less in helght.
(2) legal notices.
(3) Flags as specified In Section 33.212.
(4) Signs painted on glass surfaces of windows or doors.
(S) Temppeara signs.
{Ord, No. 8S•20; 2(App. B, Art. 178,2.), 10.15•8S; Ord. No. 89.017, i~ V116 2.7.89; Ord.
i No, 91.048, 4 We 4.2.91XOrd. No. 93.029, 3.2.93)
See. 33.63. Application procedure.
i
The application for a sign permit shall be submitted on such forms as the building official
may prescribe and shall be accompanied by such Information, drawings and descriptive
data as required by the building official to ensure proper regulation of the sign and to
ensure ewplisnce with this chapter.
E {Ord. Na 85.206' } 2(App. % Art. 17131),10.13-85)
i
See. 33.0. Fes.
U the plans and speclficaWns for a sign set forth to any application for a permit required
under this dhdtku conform to all of the requirements of this chapter and any other
ordinance applicable thereto, the building official shall, upon payment of the applicable
permit fee, IIssssue the apppropriate permit. Permit fees shall be established by the city
council and are on file in the office of the city secretary.
(Ord. No. 85.206`; 2(App. B, Art. 17BAN 1015.85; Ord. No. 89.017, 4 Vill, 2.7.89, Ord,
No. 89.03), 11, 2.21.89)
$vM Na 2 2306 k
i
MY, ~
104,, ~
awl
wL;0IU,v t,uut,
AgendaM285011fle
Agendagut not limited to, marquee signs for movie theaters, portable sISgtj Mhletters, billboards and poster boards designed for changing messages, an it ns with changeable
numbers,
(~rd. No. 85.206, f 2 (App. B, Art. 170.1.), 10.1S•85; Ord. No. 91.048, ¢ XIV, 4.2.91)
Sea 33.63. Exemptions.
E
no following signs shall be exempt from the permit requirements of this chapters
(1) Walls signs 5fteen (15) feet or less in height.
(2) Legalnotke&
(3) Flags as specifled In Section 33.212.
(4) Signs painted on glass surfaces of windows or doors.
(5) Temporary signs. ~
(Ord, No. 85.2% $ 2(App, B, Art. 1713110.13.85; Ord. No. 89.017, ¢ VII, 2.7.89; Ord.
No. 91.048, ¢ XV, 4.2.91XOrd. No. 93-029,3.2.93)
i
! Sea 33.63. Appllcatlon procedure.
'the application for a sign permit shall be submitted on such forms as the building of►?clal
may prescribe and shall be aecompanled by such information, drawings and descriptive
datz as required by the building of elal to ensure proper regulation of the sign and to
' ensure aempllance with this chapter.
(Ord. No. 85.206, 12(Npp. B, Art. 171311 10.13-83) 1
i
Sec. 33.64. Fees.
If the ptans and specifications for a sign set forth In any application for a permit required
tinder this division conform to A of the requirements of thtli chapter and any other
ordinance applicable thereto, the building oMcial shall, upon payment of the applicable
permit fee, issue the appropriate permit. Permit fees shall be established by the city
council and sit on file In the ofllce of the city ercretary.
(Ord. 0No. 33- I2 2.12(App. Be Art. 17BAN 10.13.85; Otd. No, 89.017, ¢ Vill, 2.7.8, Ord.
No. i
supp.11a i 2506
/V
SIGNS AND ADVERTISINO DEVICES 133,90
~eadzlvo 10)
'33 _
+ Sec. 33.65. Duration, Agssdal!
(a) Ground or attach siQas Except as otherwise provided in this cha apermit
Issued for a ground or attached sign shall terminate one hundred eighty (Pit(, )days after
Issuance.
(b) Signs t &ns thjj A sign permit Issued by the City for a sign required to
be licensed by the State Department of Highways and Public Transportatlon under article
4477.9a, Tex. Rev. Ov. star, as amended, shall be valid for the location designated on the iI
application for one (1) yur from Issuance of the permit to long u the sign Is erected and i
legally maint,ined. If the state acquires the sign or the sign Is removed for any reason, the
permit shall terminate.
(c) Wind device slant. A permit for wind device signs shall be valid for thirty (30)
consecutive days. A permit shall not be issued for a premise unless a period of t irry (30)
days has elapsed since the expiration of a previous permit. The permit shall apply to one
destgnated premise and authorizes the display of one or more wind device signs on that
premise for the allowed tlme. No more than three (3) permits for any one premise shall
be Issued In any one calendar year.
(Ord. No. 85.206, 12 App, t3„ Art. 178.5.), 10.15.85; Ord. No. 89017, I V111, 2.7.89; Ord.
No. 90.031, I III, 4.3.90; Ord. No. 91.048, 9 XVi, 4.2.91; Ord. No. 91.156, If, 11.5•
91)(Ord. No. 93.029, 3.2.93)
I
Sea 33.66. Revoatlon1 a
Ppeals.
A sign permit may be revoked for a violation of any provision of this chapter. The
K mft holder ma appeal the revocation to the sign board of appeals. if the State
pariment of Highways and Public Transportation revokes the license of an owner of a
sl for which the city has Issued a permit, the sign permit for the sign shall terminate
when the Wase revocation becomes anal.
(Ord. No. 85406, 12(A % Art. 178.6.) 1415.85; Ord. No. 94051, ¢ 114 4.3.90; Ord.
No. 94182, I IV, 11.24 Ord. No. 91048, I XVi, 4.2.91)
Sea 33.67. Transfbr of state outdoor advertlsing sign permits.
Sign pemits Initially Issued by the State Department of Highways and Public
Transportation and now issued by the city for signs licensed by the state under article
4477•~y may be transferred to another party if the proper city application and fee is filed
and approved by the city.
(Ord. No. 90-051, I III(App. t3, Art. 178.7.), 4.3.90; Ord. No. 91048, I XV1, 4.2.91)
Sees. 33.68.33A0.1. served
Srpp No, = 2307
E
i
i
1
SIGNS AND ADVERTISING DEVICES 633-90
kendaNo X14.Sec. 33.63. Dumllon, lt2 IV
A~ertdalt
(a) around or attached slans Except as otherwise provided in this chapter,ipyeermttr, issued for a ground or attached sign shall terminate one hundred eighty (180) days
after
issuance.
(b) Vg0L1c_ nR4-W the state A sign permit Issued by the City for a sign required to
be licensed by the State Department of Highwayyss and Public Transportation under article
4477.9x, Tex. Rev. Clv, slat, as amended, shall be valid for the location designated on the
application for one (1) year from Issuance of the permit so long as the sign is erected and
legally maintained. if the state acquires the slgn or the sign is removed fo; any reason, the
permit shall terminate.
(e) Wind device signs. A permit for wind device signs shall be valid for thirty (30)
consecutive days. A permit shall not be Issued for a premise unless a period of thirty (30)
days has elapsed since the expiration of a previous permit. The permit shall apply to one
j designated premise and authorize the display of one or more wind device signs on that
remiso for the allowed time. No more than three (3) permits for any one premise shall
be Issued In any one calendar year.
;Ord. Na 83•206,11 2(App. B, Art. 17B.S.), 10.13.83; Ord. No, 89.017,1 Viii, 2.7.89; Ord.
Ott, 90-051l 1114 4-3-90-1 Ord. Na 91.0481 1 XVI, 4.2.91; Ord. No. 91•IS6, j 111 11.5.
91xOrd. No. 93.029, 3.2.93) t
Ste 33.66. Rtvoatlon= apptals.
A sign permit may be revoked for a violation of any provision of this chapter. The
permit holder may appeal the revocation to the sign board of appeals, H tha State
Department of Highwayrs and Public Transportation revokes the license of an owner of a
sign for which the city hu Issued a permit, the sign permit for the sign shall terminate
when the >joease revrcation beeoates Onal. '
(Ord, ft 03-206,1
Art. 178,6.
uA 1a1s•as
Ord
~ . Na
90-0:1 Ii L
, 4 4.3•90 Ord.
No. 9Q 1 N 11
i ZQ Ord,
, No. 9~ 91-04 XV14-2-
4 9
1
Sec. 33.67. T ansfkr of state outdoor advertising slgo permits.
1
Sign permits Initially hived by the State Department of Highways and Mile
Trans rts0on and now Issued by the city for signs licensed by the state under article
4477-~ may be transferred to another party if the proper city application and fee h filed
and approved by the city.
(Ord, Na 90.051, f IIi(App. 8, Art. I?B,7.N 4.3.90; Ord. No. 91.048, ¢ XV[, 4.2.91)
Sets, 33.61.33.10. Rosen v&
Supp. No. 2 2307
.
I
DENTON CODE 03-20
1 ABe~daNo 4? 4'
Agendalle
Sec. 33.213. Wind device signs. we 1d •~-Ql ll
(a) Wind device identification tag. The building official or his designee shall issue i
registtatlon tag to the wind device permittee. The wind device permlttee shall cause the
ug to be affixed in a conspicuous place on the penahted wind device,
(b) The provisions of this chapter regulating wind device signs shall not apply to the
following:
(1} No permit shall be required to display one (1) US, or one
j, (1) Texas 11% or on any one premise. if the exempted flags are alsplayed on
flagpoles In the manner of a ground sign, the number, height, size, and spacing
requirements applicable to ground signs shall not apply, but the !lags and pofw shag
maintain the required setbacks for ground signs.
(2) Exempled _flaa. On a premise, no permit shall be required to display one (1) nag
that meets the following standards;
E
(a) The exempted flag is displayed on a flagpole in the manner of a ground sign,
the number and spacing requirements applicable to ground signs s'isll not apply,
but the flag and poles shall maintain the required setbacks for gt~und signs,
(b) The, exempted flag shall have a maximum effective area of fifty (50) square feet
and a maximum height of thirty (30) feet, unless it Is used on the same flagpole
used to display a national or state nag.
(Ord. No. 89.0170 ¢ XIV(App. 8, Art. 1704)o 2.7.891 Ord, No. 91.048, 4 M 4.2•.
9IXOrd. No. 91.429, 32.93)
t.
r. E < SIM 33113.33-LM ttaerna.
x i
i
't
A
1
1
t
l
1
,
s;a~ Na 2 2123
icab. 1
i
•11.w.yf.,llM1 rw.w..... n. ♦ i . l .dir. 11.i:MY(111J.y
1
ATTACHMENT 2
I SIGN ORDINANCE CHAONOLOGY'Geflmo 9
Agandait
u~tQ Ao.LA-9U r,
1969 First sign ordinance adopted. y
I
1974 Comprehensive Plan calla for revision of sign ordinance,
1974.1982 Several attempts to amend ordinance failed
k September 14, 1993 invitations to PU public hearing mailed.
September 21, 1963 PAZ conducts sign public hearing.
November 2, 1963 P&Z work session, reviews draft ordnance. Draft included
a 10 year amortization period for non-conforming signs.
i
December 15, 063 PAZ work session, reviews draft ordnance.
January 23, 1984 letters mailed about PU public hearing. ;
February 1, 1964 PSZ public hearing. Discussion about creating a oommihea
to reoommend amendments end creating a sign board of
adjustment.
f May 30, 1984 PU recommends sign ordinance to Council.
11984 - frequent f 8Z, Council, and chizerdcity meetings.
February 9
January
} January 15, 1905 Counca considers ordinance, a process, of 40wee Y".1 of
research and development'.
i
May 5, 1965 Council considers an ordinance. Council made aware of ;
possible State Iepisiation which would disallow
` 'amortization' of signs on June 10 1985. ?
r May 20, 1965 Council considers sign ordinance to avoid'oompensabN
costs' d proposed State legislation. 10 year amortization
deleted
September 26, 1965 P&Z holds public hearing on sips ucgnance.
October 15, 1965 New sign ordinance adopted.
i
i
law
Sign Ordinance Chronology ~endaNo '~33
Page 2 of 7 agandall
f Zo~2s
January, 1987 BeatVication Task Force formed, and begins work on sign
ordinance.
1 October, 1987 Beautification Task Force proposes new sign ordinance.
March 1988 - Governmental Affairs Conmisee of Chamber, staff,
January 1989 Sesufficatlon Task Force, and P&Z members most weekly.
June 22, 1988 P&Z discusses the sign ordnance amendment process.
Jur>s 288 1988 Proposed sign ordinance and notice of P&Z work session
and publio hearing meRed to sign company owners.
July 13, 1988 P&Z holds work session and publio hearing on proposed +
ordinance. Moratorium on certain sloe proposed.
August 2, 1988 CouncH adopts moratorium on new portable signs and
+ certain other ground signs.
I
August 10, 1988 PU holds public hearing.
August 310 1988 P&Z discusses ordinance provisions.
Septernb r 14, 1988 P&Z discusses ordinance provisions.
Octobw 121 1988 P&Z discusses ordinance provisions. {
Odober ft 1068 P&Z tables consideration.
November 1,1988 City Council Wok Session.
Novembw 3, INS Staff presents to Chamber's Governmental Affairs
x' Committee.
Novembw 9, 1988 P&Z holds public hearing.
November 30, 1988 P&Z holds pubno heafkng and considers ordinance.
Oecanber 60 1988 Olscussion at Chamber with P&Z members, Beautftlion
members and Chamber members.
,I
i
t
. I
..J.MIYIrY':1. N/4n4~nIl4....r ♦ i..... .
gendaNo. q
Or~nanc8 Chronolo2!► 3gondaiie
Y:I a -
M3017 / 2S
s
} December 14, 1988 PAZ considers ordinance.
z January 40 1989 Staff meetkq with Governmental Affairs,
January 11, lose Po~ ►sidere ordinance and makes recommendation to
ry 1
` January 17, 1989 council holds work session on PdZ recommendation.
a
i
February 7, 1989 New 80 ordinance adopted.
r October 3, 1989 council requests FGAW' 01 setback standards.
Comprehensfve review of lose ordinance begins. initiated
by a oomplatnt on Auburn Inn sign change from Ramada
inn. 1
hioimber 7,1089 Sign setback standards amended.
'r
November 22, 1988 PdZ discusses sign ordinance amendment Pro".
, r t
Beautlftoation Task Force discusses sign ordinance
November 27, 'IM
amendment.
i November 28, 1989 Invitations to P8Z pubtio hearing made to 61sign `
contractors.
P&Z holds pubk hearkng.
December 13, 1988
Jarwary 10, 1900 P3Z holds sign ordkunnce workshop and discusses males
Issu".
February 8,1930 Councn discusses process, and major Issues In work
, sossion. Y
P&Z adopts work program.
Febrwry 28,1090
March 17, 1990 P&Z reoommenda amendments to enable SDHPT
ceMWAtion and city pemnlov of off-premise a" on 38,
377 and 380.
r
'Iwo
1
143" n -
Sign Ordinance Chronoiogy gendaMo. 9~'d 3
Page 4 of 7 oandaite
April, 1990
Chamber Sign Task Force with rePresenlatlves from sign
!
panies and GOVemmental Affairs begin to meet with
staff.
AM 3, 1990
Counsl amends ordinance for S13HPT certification,
f,.l
May, i99o Staff discussions with 8e8utificatlon Task Force and
Govemmental Affairs mnmht" 'City Viewso art,*
published In DRC.
May • September 199o Staff works kxgvlduatty and coiiectlvsy with Chamber Sign
Task Force and BeautNicallon Task Force,
August 2, 1990 Chamber sign task force and Beautif
meal. ication to task force
August 7, 1990
Off-Premiss sign fee ordinance adopt
w ^ , ed.
I
October 11, 1990 Amendments for msasur
r. ing sign height and
1 " formation briefed to Gov aPAea~ board '
ermleMal Aflake.
October 24, 1990
PU recommends height measurement and
amendments. appeals board ;
i November 20, 1990 ~
COLMO Passes arrd.%Als board w~ he c~rlteeM ffoorendments and
create aP
varlancas. WWN
F"
November 1990 • Suboommhtee made up of 8eautlfYAtlon CAttmiaslon
Febrwry 1991 members and Chamber SIM for up to five hours per Task Force most eight times
mmirv.
s Fe"ry 13, 1991 PbZ
public hearing on oonoepts.
f March a 1101
Work $*$#Io n wIth City Council on
concepts.
March 8, 1991
Pubtto heartngr►vork session
Prepare an ordlneno for their conakferation, directs staff io
E
r
' w1n.Y Nw4vga.apv ..a.
.,rd
all,
Ma
r
Sign Ordinance Chronology jO daIVO
Page 5of7 o, dal
r5.~ 2s I~
r ,
March 20, 1981 PU makes rsoommendation on sign ordinance.
April 2, 1891 Council adopts ordinance.
June 27, 1991 Flrst Sign Board meeting. Two face change vartarM8
f denied (Caniage Square and 'strip center at 380 and
locust), one tabled (Crown Cleaners).
July 10, 1991 Planning Director briefs PU obo'jt sign Issues.
• August 8, 1891 Citizen complaint to Council heard about @changing face` of
{ Abby Floor sign. Council asks for PU report.
August 14, 1991 Planning Director Weis PU on Council direction.
} August 28, 1991 P&Z discusses 'face changing' and sign variance criteria
and holds publlo hearing,
September 11, 1991 PAZ discusses sign ordnance amandments.
1"• t i
October 9, 1991 PU directs staff to prepuro ordinance re: '4 year
temporary uses permits and variance criteria.
October 22, 1981 Council work session on temporary use pennits and
variance criterls.
PdZ recommends ordinance
I Ogobsr 23. 491
November E, 1991 Comid amends sign ordinance 1) to avow signs to be used i
until 1998"they are aftwed, and 2) clarifies and loosens I
`ro , Varlar" criteria. i
November 8, 1991 Crown Cleaners setback variance approved, (Sign lowered I
I
} to 10 ft. tall). i
„ Fabruary i892 Staff told ol petition drlve, &*I* in DRC.
~ I l I
t
r
i~
r
i
Sign Ordinance Chronology +gsndaNo
Page 6 of 7 4gendall
able
l ~ 2.S
: April 22,1992 8ar0 Board Barrel, allo-wing of wls s ap 7b l s 35 lsip oo tt I variance for
P&Z approves sign separation deviation for Exposition Mills
as part of ftir PD delzlled plan.
May b. 1992 Council asks for sign ordinance amendments to be
considered.
{ May 13. 1992 P&Z discussss process.
May 15, 1992 Notices of P&Z public hearing mailed to Local Affairs
Committee of Chamber, Beautification Commission, and
II Joe Dodd.
May 27 1992 P&Z Milo hearing.
June 4, 1992 Sign Board of Appeals approves 40 sq. ft. effective area
variance for Cracker Barrel for sign on U.S. 380, j
. June 10, 1992 P&Z work session.
July 221 1992 P&Z public hearing. Chamber letter delivered to P&Z
members.
August 12, 1992 P&Z work session and public fearing. P&Z recommends
k Clartltcation items.
September 9, 102 P&Z public haring, w4mmends'face drenging',
abandoned sign Ouse or lose', and adding 30 day permit
seperetlon for wind devtces.
September 23, 1992 P&Z public hearing, recommends new effective area
calculation, temporary sign standardso and 80 foot sign
separation.
October 14, 1992 PAZ public hearing, recommends defining monument signs
and increasing the effective area of them on Loop 288 and
' IH,M.
f
Mimi
1
~gendaNo Lf: -
Sign Ordinance Chronology +93~dafts
Page 7 of 7 tit
November 10, 1992 Council work session.
December 8, 1992 Council publio hearing. Direction for PdZ to reconsider
IH35 sign height, flags, and banners over streets, and to k
consider abandoned sign and supporting structure Ouse*
safeguards made.
December 18, 1992 PdZ public hearing. Recommendations on IH35 signs,
flags, banner over streats, and 'safeguards' made.
January 28, 1993 Council worksesslon regarding temporary stake signs and
oonter>t neutral Principle.
March 70 1993 Council public hearing and ordinance passage concerning
oodlathering' signs by allowing face change, temporary
so category, measure height of sign from main traveled
no, shorten sign separation sten&rd, special sign district
r qualification from 800 to 300 foot, $60 fee for banners over
streets, PD and special sign district crarglostion, allowing
larger monument aligns, measure elfsotfve area more
prectsey, addling standards for abandoned signs, adding a
30 day separation period for wind devk a permits.
July 1994 Enforcement wW'media events' regarding U.S. flag at
" Powers car lot on Dallas Drive.
4 August 240 1994 P&Z h ars Powers request to change ordinance to enabis
' llyfng U.S. flags at all f',mes. PdZ begins consideration.
September 11, 1004 Sign Board of Appeals denies U.S. Flag variance request,
September 14, 1994 PAZ worksession regarding flags.
I
-r
i
T
(
j
5
.
I
r„
y{1~
i
ATTACHMENT 3
~endaNo_ 'C~3
ageadalte~
LL114! Ito _ ~Q..-~~
Proposalst ~eve G o'
I* Allow up to six national !lags per premise without a
permit and with a height limit of 30 feet and a size limit
of 50 square feet.
20 Allow national flags without permit, if no larger than So
square feet and flown on flag poles on a premise with no
more than thr a flag lea.
4
(1) state or national !lags. No permit shall be required to
display one (1) national or one (1) state flag, or both, an any
one premise. It the exempted flags are displayed on flagpoles
in the manner of a ground sign, the number, height, size and
spacing requirements applicable to ground signs :hall not
E apply, but the !lags and poles shall maintain the required
setbacks for ground signs.
(2)i Premise identification flag. No permit shall be required
to display one (1) flag on one (1) premise that identities the
person, organization, or business, or displays the logo,
trademark, emblem, slogan, insignia or similar identification
of the caner or occupant. If the exempted flag is-displayed on
a flagpole in the manner of a ground sign, the number and
spacing requirements applicable to ground signs shall not
apply, but the flag and poles shall maintain the required
f setback for ground signs. The exempted flag shall have a
maximum effective area of fifty tSO) square feet and a maximum r'&r
height of thirty (30) feet, unless it is use on the same0
flagpole used to display a national or state fl ;
This would allow the six flags over exam layout.
Displaying six flags may not be aesthetically objjectionable.
Display of national flags on the three allowed flag poles in
not aesthetically objectionable, and a cannon practice of soma
of our major industries.
consl $trte la for the Texas flag state that it "should not
ba used in any fora of advertising."
If its okay for !lags of countries why isnlt it okay for other
flags? A content neutral princip~a issue.
PSI Recommendations Denial.
I
Ceew~bete 7!, 3ff! / I
A3200110/1{
226e2,
i
Staht No_t._= 4g3n42118
1. Thera was little debate or discussion of this item at pit✓~~as
This may ref loot some decision making DsYchol iaai
j a) A yenoral aversion to further discussion of the sign r:
p ordinance, and
b) A general feeling that amendments are not needed so
the issue need not bt discussed in detail,
E
It The flag poles at Victor Equipment and Tetra Pao used to
raise other's national flags are grandfathered,
` Z. A flay flown on an existing flag pole is technically a
wind devices therefore, wind device permits could be
lortiod,
4, A new flag pole is a ground sign, except that new poles
carrying Texas, U,e,, or busino4o flags do not count as
ground signs.
I
t'h r f
1~ !
~ J
v1 r
Nr'f ra~% r
.w
rr
c
I
d l a
INaee►er 1{!~ i ,
226e2,1
r N
t
t~11WQ
{ ATTACH NT 4
AQ arodaNo,Q i
36 USCS f 175, a t A pidYa
We AT TI $o ~ tiE,S
Trader r H,JtQee (116, DC an is r 19 2ie~ 2S
101. M 'I" 1r9Me6V of
14 Ite inkrel t7 it velik W
I, l9e10ee will room to 9tkr ftW min4 u, $aaa4 , 8 rarbre
iced tiva ri41b eah~}t4f ka Mta4 kdl,ldulti
YIN Irre$ of lk 4rr IAe ltepil9e er 1191) enr rlbetl i4 OWN q wiq
hwne eed dy A,4 ereae Vow Fels k ik 4 ei1a errrca r91e9etke w
Coma ZON er=20b a w 431011 N +ar e
V vupo"" ea o so e so,. CYo'k 0,449 of low"ahl WV~d of
ls) 'd 110. Ndma a wan9q
one) 1 -tw V FWAS (I%X DC ORA (1914. 14D A
3 I IN VV r M In' OF QCAS A1,) So VU joS11,111, tr/ Neho„t
f 176. Raped for Aag
ti
mpecl should be shown to he RAg of the United State
No dira of Amen
Su
theteRaAa s:,ahould not be dipped to any i t nd orS&ninAtton or Institutional onagstie toebemcolor,
a
t mark of honor, dipped as
;f (a) The Asg should never be displayed with he union down, except As a
f; signal of dire distress in instances orextreme danger to life or property,
(b) The Aag should never touch anything beneath It, such as the ground,
the Moor, water, or merchandise.
(c) The Rag should never be carried flat or hortifnlally, but always slon
and free.
1d) The Rag should nev be u as warin a
I should never be fester ooned, dr g PPa~re~l, bedding, or drapery9
allowed to (all free Bunting of blue, t~ck~andrred, alwfolds, butt alwjlh
for eoverinjjo a speaker'sedesk, dnpklnS*he frontrof heoplatforrmn, and or
decoration in general.
i (e) The Rag should never be restened, displayed, used, or stored In such z
manner as to permit it to be easily tor, soiled, or damaged in Any way,
f (1) The RAS should never be used it a covering for a ceiling,
(d The not should never have pplaced
Upon atracbed to It any mark, [Ali gN0. lelte., rd, Sty G AnyPill pk urk or
drawing of any nature 1 '
. (b) The Rag should never be used as a reuplAck for reeelviag, holding, rf I
carrying, of delivering anything.
wine Qsg should never be used for adverilsing purpom to any MAnner
whatsoever. It should not be embroidered oa sue Js ankles as cushlona or
4 Mndkerchierr and the Ilke,
napkins or boxes or anythlnj p tha
nted tt I des fined forlemporl u and
discard. Advertising signs shoud not be fastened to a atalf orrhaiy1e and
which the Mg I flown,
N No part of the Ay should aver be used is a costume or srhlelle
uniform, However, a AAg patch may be agixed to the uniform of military
I s}
•
W6..W
c L4 _
PATRIOTIC CUSTOMS 214 2S' 36 l1SCS; 177 ,
personnel, Bremen, policemen, and members of patriotic ortanirrtions. The
ig represents a living eounlry and Is Ilulf considered a living thin`.
Therefore, the lapel Bat pin being a replica, should be worn on the left
lapel near the hurt.
(k) The flat, when it Is in such condition that It Is no longer a filling
etnbtem rot display, should be destroyed In a digni,ted way, prcfa+Sly by
burning.
June 22,11941s ch 4)!, 56 Stal, 379; Dec, 22, 1942, ch 06, 14, 36
ital. 1076; July 7o 197C PL 94.3441 11(12)-(16)190 Stab 412.) +t
HISTORY) ANCIL1ARY LAWS AND DIREC'CIVES
Amendmestn
1943. Acl Det. 3t, 194% In subsea (j) Inserted "any" before "part".
1976, Act July 7, 1976, substituted subset. (a) for one which read:
"The flag should never be displayed with the union down save as a
si nd of dire d'utiess."I tubsikuted subsea ( for one which read:
' e Mg should never be used as drapery any sort whatsoever, t
never festooned, draws back, nor up, In fonds, but always allowed to
fall free. Bunting of biA white, and red, always arranged with the blue
abovvet,, the white In the middle, and the rd below, should be used for
coverin`` a speaker's dak, draping the tool of a platform, and for
decWstloe In ``cnersl."1 substituled subsea. (e) for one which read:
"T'he ass should never be fastened, displayed, used, or stored in loch s
Manner as will permit It to be ess0y tom, soiled, or dsmased in any I
way. "l suboi*-4W subsea for one which read: "The flag should
never be used fa sdvenising purposes In any manner whatsoever. It
should not be embroidered on such anicks as cushions or handier.
ehkfs red the like, printed or whe ise Impressed on paper napkins or 1 i
boxes or anything that Is designed for temporary use asd disurd; or
used as say portinn of 6 costume or athletic uniform. Advertising signs
should ad be futesed to a staff or halyard from which the Aag Is
Bowe."; and tedalgnrted subsea 0) as subset. (k) and added a new
subset.
CROSS REFERENCES
Use of Asg foe advertisin mutilation of Mpp 4USCS 17.
Pendtle/ a nuiAulem elf Bag, It USW 700
This wtioa is relerrad to Is 36 USCS 1118.
INTERPRETIVE NOTES AND DECISIONS
04w" is 614 dare WW w b*% 06 Praia ea al Wrid v Sander Ceaa
6W auaeuy nMst4,ly r M WIN fe Cfrl4a~ Cornt► (194)) 16 wuf 11111, Us
aaerchas 0" abet N ly is see wr rid 1016
177. Conduct during holstiag, lowerlnk, or pssstn9 of All
During the ceremony of hoisting or lowering tif, rag or when the Ast Is
passing in a parade or In review, all persons present except those In
I!3
T-
Axe Mo
Ap idaile
iktte
L, rTC. THB FtAO 2.7111 USCS $ 3 i '
this CROSS REFERENCES
.ties ?meshy for desecration of she tiny, 11 USCS 4 700.
der, Dlsphy and use or Aay by civilians, 36 USCS 1174.
,
Ices Manner of display of Aay 36 USCS f 113.
into
Respect foe gay 36 USCS 1176. 1
Police uniforms to display U.S. Aag emblem or colors, 40 USCS 1210a.
'a f S,- Ua of 11x2 for sdrertirin2 purposes; tnutilstlon of all
o, w Ace~y penoa who. within the Dlrttict of Colombia, in any manner, for exhi•
shay bitioo or display shall place or cause to be ptaeed any word, Agure, marls,
the pktwe, deck' Jrswinyg,, or anqq advertisement of any nature upon any Sag,
i ntt• standard, cc re, or entign of I a United Sates of Amerka; or shall expose
or suss to be exposed to public view any such Aay standard, oolon, or
tM enaly~ upon wltkbb shall have been printed, painted, or otherwise placed, or
I Ave to w kb shall be attached, appended, a~Sxed or annexed any word, Agure,
I spo• mark, picture, dentor drawtnS, or any Avertiument of any nature; or
I who, within the District of Coiomms, shall msnufscture, sell, expose for
eby .,i ask, or to public view, or give away or have In possessloa for rile, or to be
given away or for use for any purposes any article or substance being an
artiek of merchandise, or a receptacle rot merchandise or article or thing for
t arrylat or transporting merchandise, upon wbkh shall have been printed,
pstn attached, or otherwise placed a representation of any such flat,
standard, colon, or ensign, to sdvenhae, al) attention to
decorate, mark, or
• distinguish the ankle or substance on which applaced that] be deemed guilty
or a misdemeanor and shall be punished by a line not exceeding S 100 or by
Imprisonment for not more than thirty days, or both, in the discretion or the
tout. The words "Aay standard, oolon, or ens]yn" as used herein, shall
include any Aay standard, colon ensign, or an picture or representation of
eisber, or of any part or pans of ether, made ofyany substance or represented
on soy substance, of any sire evidently purponiog to be either of mid Aay
standard, colon, o ensign of tba United Satesof America a a ieture or a
tepraestathoa of e~thcr upon which sball be shown the colon, tie stars and
the ~ to any numUr or either tbereof, or of an part or parts of either,
to ooff by wkkA the average penoo satng the same without deliberation, may
bilk" IM same to represent the Aag, colon, standard, or ensign of tree
Usshed tutu of Meeks.
~Julr A 1917, cis 389, 61 Sat. 642 July S. 1961, P. L, 90.3111 j 3, 82 Sat.
rhlodl~If tar 1.
axes 4x1 A.ssdaaW RYi ANCILLARY IA" AND DIM>C(.nM
IM Act July 3, 1969 to the Rnt sentence, dckted:'1 or wha within
sb District of Columbls tball publicly mutllate, defKe, deRk or defy,
• added to traasple upon, or east eontempt6dther by word or set upon any such
ourth day gy, stao da rd, colors, or entlsi% , following "so piseed't.
CROSS REFERENCES
PoiWas to peblk mutlatiM deNemenl, trampiing or bomiay of Aay 19
U80 ?a
611
i
i
4 ,~1 ApntlaWo
ii 4 , tSCS Ca,e
13 FLAG, SCALr ETC.
Time and m mer foe publk display or use of A&{ ey cin'tiens, 36 USCS if 11),
1 174.
Munu is displaylail log in parades, on vchkks and Vie, 36 USCS 113,
Prohibition of disrespect for dog, 36 USCS ¢ 17C
RESEARCH GUIDE
AN Ion
Am 3'ur ?de Advertlsins 13.
35 An lot 24 P1a4 11.
t Aamotadosso
f Coasdtutloadly of statutes, ordinances, or admiaistradw provisioru
prchibiting Mom, disrespect, mutEatloa, or misuse of Amerkan do& 3
13LEd24OIL
Supprremo Coon's vkws a to constitutionality of laws prohbida or of '
I eriminal ooovktkms for duecrotion, denanee, disrespect, or muse of
Amerkao EaS IOS L U 2d 1109. f
1 Wbal oonslltutes violation of EaS desecration statutes. 41 ALRM 303.
INTERPRETIVE NOTES AND DE41SIONS
t
1. two pus45ment d ly fwenUeM1 {e,wM7 eon d demnn,nda al a1k1 red a,
L -rwkvtu stall par frevw" were ►aa" tloa~lae o low (I"& CAI Palo )1Is
I{{I L App da d aeedes N WSW faem perow ru 1479.
tfeau aulule atldn
1. lute pa umeml of Ott feomrodoo, deaerarr of awe or fedaal tit r ankh orwownfua y
Msu~redlev as pee`w oaf push" faeee mW at
nuaAaMi A 1oea1 Mbfu n k eppYed se
mmufw%IW Prim to Its eretmoL
f aN was wou Hater v Nelnatu (107)
101 U9 3s. 11 L G 6K 1190 419, Ratulrot v hapta u rd McP,ta o Vaa Ds Can (It" I7d
PwiM (I100') III a Iit it N2 41. Poo* u ed NY U!, 70 Na %s,
Mc e v Vaa De Can (1!04)119 NY 175, 7o Nl
no. a. A,ylkadeo of eaedao le ued form Kma•
We eeok k Is proucdoo of Im bd. FA ad
t pule 9,an (I "k DC Mao 10 9145. Mav Wow pukt m"m ror erwe of n0e/fa01r
Deaaendoa w In5repor we d udoaat 41 and d6weaaby dday ushad 91694 4 b
ff 7 o1wh mtem el47dawgl bas I kh u guru a mimr of ared knr b dw preened ~r 4
7.
oMarUal dour 109 aladd er Mel 1e omua V1" I 1 sloe t►al dart a~ efuw k eat am*.
Y 1aa Paw nadm iLraotia M fs sa do.od 4" Is palivo arddw of VA&S cwo
.I (1975) M 09 A1ry Oa an. 0 MI11" lwdoe lIO UPCa H 111-914 or lade
"wI
al
of M&AWSO Pw&kmft (W UM hm au~M@ "dfal ffif" a of Uahd fa Wurra•ManW 1170 10 U!d 1 IM w
• i lulw Mf Is witswAvdeool as apld as spos• sl v OUW. If. d nl, !Nf CM 1sw4 1111. u
A
1 ,l
490
r
I
1 •
s ,,I 4~en6Ehlo
! fI Agendalte
4 USCS 3;;@ >"LAO, SEAL, ETC'
Tim and mums" for puM displsy or use of Aas 6y eivilisns, 36 USCS
` I 174.
j Wou Is disphylns Ess lit pars des, on vchlcles and like, 36 USCS { 17S.
ProEibidoa of disrespect for EIs, 36 USCS 1176,
RESEARCH GUIDE
As Jan
2 Am Jw 2d, Adverttslns f S.
3S Am lot 2do Flan 13.
Aaaotadoam
I Comilllticiodly of statutes, ordinums, or adrWeilstroldvo provislons
proWtIng define, disrespocl, mutpstloo, w mhum of American IL6, 6
22 L Ed 2d 97L !
tv j1 Supreme Court's views ss to owsiltullonAly of Iaws prohbitin or of
crimtnd wavkdons for dewmtloo, deAaom disrespect, or misuse of
Amalue 11y. 10S L EJ 2d W.
E Wlst owstiluta vlolatlon of Eats dewrelon suivies. 41 ALR3d $02.
i s
! 4!' INTERPRETIVE NOTES AND DECISIONS
7 III: 1. Suit r amm at of us dewcn16% 1emnrq rar of dem0wredt It a,hO led ppv Asp"
I; L -F"rtitut" suit kw prevk;m wen 6mot Ioek1 v 2m" (IRS, CA) 1 Qa)131
l Apw tin of "ettke N Irm6d Plata peruse- FU 1119.
Ptak Iutvt6 6Jdn of
• PI 19
1. Stele plaWer61 @ (Beg de6aenMr6,1"aersUp d6uk a f►derd lcJ Yea ankles damm sveMWilt
adi"
suk kw is prt•tm trod pwtkl o"Wadon at work b Y+te"twdmd k"fu r Y sppw 10
sariorod b1 ooa vafd Hstur v Nekulu (1907) mercSand4t aaavfietvred pet" N Ys eesMe"
TOT Us Sti fl t G Ne, T1 J Q eN; R11tuual r P6opk as rot McMe v Vas De Can (190Q 111
P (19oq 115 IJ 151, it NE e1; P u M. NY qf, 79 NE "S.
r; Nithla►YuDoCan(HOr)179NY VTONi
UL S. AppUudos of tastes is uvw fete" penes.
skid "old 1014kle IN prsanke of t!a fog. L Yd
! puu Sort (l DC "Q 21) F 14 Mulmom p1114ttaml for ofma of WmsNop
Dwandoo a I.aoesr of of mdow Iaa low dLlmm* ddbo UYkd sut" y
f I. 401111" VA Mt of CdwYlll /u boa WI N stairs "waste of u"ed toro" Y 1561 pwkd i
ht tae "Tole as VA to mums Usa 2 61M 1ful
' oo»t»I~ i" pv"~ i>Mplndm Is do ra tad 6"a Is pnl3ve ad" of Vn lei CIh
h r ( ~ DI pP 13. d 1~ury Tseum tt0 U!C `H t12-!fQ a T6Lk ' hwjAm" 16 ' L -hmkdw data kw p"ads"" vA lbushn k Isl~0prr~eUvvS~dps~tTNY40u
ftau "IahN At MAg mYtf"ke of Uek"i forQWWMartW I27C 10UJCI11>iglk
State Iq k teslslm W as sppW N Veto L I Cramar, It% I USCMA 321, vaut H.
1• ,
,
6w
I
.
i 4
I
T'
ilf f
grdaNo. cfq- Y2,,, 1
Attachment S {gondalte S
OTHER CITIES' REGULATIONS x310
z 44
Addison - Defined as temporary banner signs, each business
is
allowed one banner announcing a grand opening, The
display of such sign is limited to sixty (60) days
per opening and only applies to new ownership, The
banner can have a maximum size of S0 square feet.
Ali other banner signs may be displayed no more
than eight (8) days prior to a special event and
must be removed within two (Z) days efter the event
is over. Display of on• national and/or state flag
upon a flagpole s allowed but the site of the flag
cannot exceed 40 square feet and the maximum of
height of the flagpole is 30 feet,
Arlington - Classifies national, state and business flags as
primary flags. A maximum of tour primary flags are
allowed with a maximum height of the flagpole at 33
feet, Deoorative flags are limited by district and
lot frontage with a maximum of eight decorative
flags, No premise can have more than eight primary
and decorative flags. Flags used as advertising
displays are prohibited.
I
Carrollton - Only four types of temporary banners are permittedt
Grand Opening Coming Soon, Special Occasion, and
Change of Business. Each banner is allowed to be
displayed for a limited time not to exceed ninety
(90) days for the calendar year. A maximum of
three flagpoles are allowed with national and state
flags being exempt.
Flower
Nound - Allows the display of Coming Soon, grand opening or
Now Open banners attached to the building only,
Any pole mounted flag or banner is prohibited. A
maximum of three flags consisting of National,
state and Local flags are allowed.
Garl&M - Flags of a governmental entity are exempt from the
rpulations. Floating device signs are prohibited,
All other wind devices are allowed three (3) times
per year for sixty (60) days each with a sixty (60)
l
day separation period between each permit.
Hurst - Mind devices are not regulated.
Lewisville - Flags are not regulated. Temporary banners under
an accumulative aggregate total of one hundred
(100) square feet per business is exam pt. Over one
hundred (100) square feet requires a sixty (60) day
permit,
k A-02-0
.
I
qw.
r
i
Attachment b
Other cities Requirements ondaNo-
page 2 of 2
4panJaite
Date 2SOq 2S
t
s Moxinney United to one national, one state and one
business flag. Allowable wind dev~ce signs are
categorized by the type of business, Automobile
dealerships are allowed banners and pennants l
attached to light standards and poles as long as
such signage does not exceed twenty (20) square
feet per pole and sign is not affixed in any manner
other than from brackets on single poles.
Plano A temporary banner is allowed end shall be securely
attached to the front or aide of a building
structure: A business can have two (2) banners per
''I k calendar year to be displayed for a maximum of
thirty (30) consecutive days during the calendar
year, The display of national and/or state flags
are permitted unless they are used for the purpose
of advertising.
Richardson One national, one state, and one business fisq
allowed, The business flag must be flown in
conjunction with the national or state flag. Other j
wind devices are limited to tour permits in a
calendar year for a period of twenty one (21) days
for new businesses initial persits and fourteen
(11) days thereafter with a sixty (60) day
separation period between permits,
j
I
rt ~
,I
MOMS
l~l,
.CITY'
-.COUNCII
a
c y,
f~i k '~r q ••6 JF
I
d
it
Yr . l~ r r' v~~
16
ti f i ~r
~ '~r ♦♦♦h ~r i 3
1'.r
fW
1
C
APO -ate
11411
i
DATE: October 4, IM
f CITY COUNCIL REPORT FORMAT
i
70: Mayor and Members of the City Council
FROM; Lloyd V. Harrell, City Manager
RMJECr-. HOLD A PUBLIC HEARING WITH REGARD TO THE PROPOSED
ANNEXATION AND ZONING OF A 263 ACRE TRACT LOCATED NORTH OF
' JLM CHRISTAL AND WEST OF MASCH BRANCH ROAD.(A-66)
8 'i1ON:
The Planning and Zoning Commission is scheduled to consider this item on October
12, 1494.
The City is proposing to annex and tone a 263 acre tract located north of Jim
Christal and west of Masch Branch Road (A-66) The tract shown on site map
attachment #1, includes 13 single family homes, 2 mobile homes and 1 business
with an assessed property value of $895,543.
The City Is Initiating the proposed am-.exadon In order to include an existing "donut
hole" to that the city limits line Is drawn around contiguous tracts of land,
A Service Plan setting out the City's policies with regard to extending municipal
services to this tract is included in attachment #2.
City Council reviewed six potential areas for annexation at the Council's retreat last '
June and directed staff to proceed with annexation of this tract. Is siccordance
with the Local Government Code the City may annex In any one year, an area 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 c1Ws area or 10,514 acres.
City Council held a discussion with regard to the proposed annexation on August
16j 1994 and approved an annexation schedule (See attachment N3). A notice for
this public hearing was published In the Denton Record Chronicle on Friday
September 23, 1994. Property owners in this area were notified of the proposed
annexation. The first public hearing was held before the City Council on
September 20, 1994 and no one spoke in opposition. Staff has been discussing
Page 1
•r60. g1'Yg
N
~'11lw w . Cog-., ~ V•..
ApwOaNa
AgMai airJz
concerns CV
Z pB
with residents and land owners in the area, OK GROUPS AFFECM*
DR(X' UIC UEDARTME OR CROUPS AFFECIF *
I
All city service departments Including Utilities, Engineering, Planning and
Development, Fire, Police, Solid Waste, Environmental Health, Parks and Recreation,
and Library,
t+tSC.~ IMPAGT: ~
The total assessed values for properties in this area amount $845,543 with
estimated annual tax revenue of $5,200. The annexation and ultimate development
of this tract will expand the city's tax base.
Respec y submitted:
n
Lloyd V. Harrell
City Manager
f
Prepared by
t f" N. Persaud, MRTPi, AICP
Barry.
Senior Plarirnr
r
Approved:
Prw k H. Robbins, P
• T ; ; Executive Director for
Plamft and Development I ,
Attachment 01: Site trap and legal description A-66
Attachment :M2: Service Plan A-66
Attachment N3: Annexation schedule
Page 2
I
use 1«„ ~4~d✓
v
r.n. t, g
• ATTACEIMENT 1
SITE
A N N EXAT'I U N A66 lAfVNEXATI7SM!
Site map 9en~eHo. - 0 OENTON C~gen0alta A
Ufa
e.+w r. r
1091
i
,
f
{
f
i
r^• I
I 1 {
1 f
~ V f
Q
I
p:.ra. r
1
twdatVo 9 r
Agaadall S
Data
K ~-1
ALL that certain lot, tract or parcel of land situated in FA40 . t(oa g
Orr Survey A-983, the 8. Hu'8ar 8crvey A-51:, the G. Bsrb survey A-
208 and the Myers-Johnson Survey A-1499 and being more particularly
described as followso
BEGINNING at a point in the existing city Limits as established by
Ordinance 87-52 and also being in that south line of Ordinance 74-
36, Tract VI
THENCE south with said existirq City Limits 3,850 feet to a point
in the center of Jim Christal Road in the existing, city Limits as
i
established by ordinance 69-40, Tract it
THENCE in a westerly direction with the existing city limits as
established by the last mentioned ordinance 1,495 tact 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 distances:
i
1 (1) north 00 110 40" west 3,064.31 feet,
(2) north 890 281 48" west 1,486.8 feet#
3 south V 110' 40" east 3,031.04 feet to a point in the
existing City Limits as established by Ordinance 83.90:
THENCE in a westerly direction with the center of Jim Christal Road
to a point in the existing City Limits as established by ordinance
rr THENCE north 090 030 210 west with Egan Road 1,400.0 feat to a t
point for corned {
THENCE north 890 59* 47" vast with a fence i,64.8 feet to a fence
corner positP is
r,
TREMOR north 00 iV 27" east with a fence 10886.11 feet to a point
in the existing city Limits as established by ordinance 74-36,
Tract V ant! in a curve to the left: s
THENCE in a southeasterly direction with said curve 424.18 feet to
the point of Tangency
THENCE south 880 600 east 6,637.5 feet to the Point of Beginning
and containing 263 acres of land.
AEE00105/2/0q
E
1
.x.ar
~e~UaNo. 9
ATTACHMENT 2 73~~2I~
SERVICE PLAN 5
Asowdos Nsmbea A46
Acaate ssaesed: 263 Aaw
Loadon: Nord of Jim CWisW and Wed of Nasal Bmach Road.
A. Police Services
1. Patrolling response to calls, and other routine
services will be provided on the effective data of
the annexation, using existing personnel and
equipment. !
Z. Upon ultimate development of the area, the same
level of police services will be provided to this
area as are furnished to comparable areas within
the City.
B. Fire RKatection and Tsmargency medical Services (Ems)
i. Fire protection and emergency medical services by
the present personnel and present equipment within
the limitations of available water and distances
from existing fire stations, will be provided to
this area on the effective date of the annexation.
2. Upon ultimate development of the area,the same
level of fire and emergency ambulance services will
't be' provided to this area as are furnished to
comparable areas within the city.
Ce Water/Wastewate$ervices
Water and wastewater services will be extended to the
property in accordance to the City's master utility plan
and Section 74-118 of the Denton code of Ordinances.
Developers shall pay the actual cost of all water and
sewer main extensions, lift stations and other necessary
facilities required to serve their development in
accordance with the City's master utility p an and the
Subdivision and Land Development Regulations,
leis City may partioipate in the cost to oversite water
and sewer mains sub act to fund availability and approval
of the City Council.
U rig
gendaNo -
gandalte S'
N,y O r .
1 q
where water or sewer main extensions lift stations,
force mains or other necessary-facilities are installed
by the developer, the developer shall be entitled to
reimbursement of the cost of such facilities from pro-
rate charges paid by persons connecting to or using such
facilities to serve their property, according to the
Subdivision and Land Development Regulations.
D. Solid Waste Collection
1. Solid waste collection will be provided to the
pproperty at the same level of service as available
to comparable areas within the City, within 60 days
of the effective date of annexation.
30 As development and construction commence within
this property, and population density increases to
the proper level, solid waste collection shall be
i provided to this property in accordance with then
current policies of the City as to frequency,
charges and so forth.
2. Streets a Roads
I, The City of Denton's existing policies with regard
to street rain.tenance, applicable throughout the
entire city, shall apply to this property beginning
with the effective date of the annexation.
3. Routine maintenance of streets and roads will begin
in the annexed area on the effective date of
_ annexation using the standards and level of service
as currently' applied to, comparable areas of the
} ' . City.
' 3. Reconstruction and resurfacing of streets,.
installation of storm drainage facilities,
construction of curb cuts and gutters, and other
such major improvements, as the need therefore it
determined by the City Council or.Managar, will be
accomplished under the established policies of the ;
City.
41 Traffic signals, signage and other traffic control
devices will be installed as the need therefor is
established by appropriate study and traffic
standards.
5. Street and road lighting will be installed in the
substantially developed areas in accordance with
the established policies of the City.
3
v I
l
.eOM
i
en a
' 7aodalt
F. Evironesgntal Health and Code Enforcement Services 'Z 9
r 1. Enforcement of the City's environmental health
ordinances and regulations including, but not
limited to the grass and wed ordinance, garbage
and trash ordinance, junked vehicle ordinance, sign
ordinance, food handier ordinance, animal control
ordinance, and the tree preservation ordinance
shall be provided within this area on the effective
date of the annexation. These ordinances and
regulations will be enforced through the use of
existing personnel.
i
2. Building, plumbing, electrical, gas, and all other
construction codes, as may be adopted by the City,
will be enforced within this area beginning with
the effective date of the annexation. Existing
personnel will be used to provide these services.
3. The City's zoning, subdivision and other ordinances
shall be enforced in this area beginning on the
effective date of the annexation.
4. All inspection services provided by the City of
Denton, but not mentioned above, will be provided
to this area beginning on the effective data of the
annexation. Existing personnel will be used to
provide these services.
51 Flood damage, mitigation will be provided by
existing codas and ordinances of the city as of the
effective date of the annexation.
1 6. As dovelopment and construction commence within
this arse, sufficient personnel will be provided to
furnish this area with the same level of
environmental health and code enforcement services
as are furnished to comparable areas within the
city,
of Planning and Development Services
i
The zoning jurisdiction of the City will extend to the
annexed area on the effective date of annexation. The
tract is to be zoned Agriculture (A) zoning classification
at the time of annexation.
I. Parka and Recreation Services
Residents of the newly annexed area may use all recreation
Z
t
i
I'
~efldar~o.~9
~9o~tlalt
I facilities, including parks and swimming pools throughout
I the City, on the effective date of the annexation. The
same standards and policies now used within the City will i,
be followed in the maintenance of parks, playgrounds and
swimming pools.
j J. Electrical Distribution
Electrical
{ power will be mods available to the site as
regsired, at the same level of service currently being
provided to comparable areas within the City.
4 K. Miac~llaneous
Street names and signs will be installed, if required, F
approximately six (6) months after the effective date of i
annexation.
F 3
Residents of the newly annexed area may usa all publicly
owned facilities, buildings or services within the city on
the effective date of the annexation. All publicly owned
facilities, buildings or services will be maintained in
accordance with established standards and policies now used
in the City.
L. Capital Improvements Program iCIPI
The CIP of the city is prioritized by such policy guidelines
ass
:z
1. Demand for services as compared to other areas will be .
based on characteristics of topography, land utilization,
population density, magnitude of pro loss as related to
comparable areas, established technical standards and j
professional studies. a
Z. To overall cost-effectiveness of providing a specific
facility or service,
k tfio annexe3 area will be considered for CIP Improvements in
tho` upeos r4 CIr ' plan. This tract will 1 a considered
aoaordi' to the same established criteria as all other areas
of the CIty.
4 3
owl
4
leR&No 9 _
~QeRdalte S
owl
facilities, including parks and swimming pools throughout 9
the City, on the effective date of the annexation. The
same standards and policies now used within the City will
be followed in the maintenance of parks, playgrounds and
swimming pools.
J. Electrical Distribution
Electrical power will be made available to the site as
required, at the same level of service currently being
provided to comparable areas within the City.
K. lRiseellansous
Street names and signs will be installed, if required,
approximately six (6) months after the effective date of
t annexation. III
Residents of the newly annexed area may use all publicly
owned facilities, buildings or services within the city on
the effective date of the annexation. All publicly owned
facilities, buildings or services will be maintained in
accordance with established standards and policies now used
i in the City.
Ii L. CRitAl rmgrgvements„pXggram (ciP1
The C1P of the City is prioritized by such policy guidelines
ast
19 Demand for services as compared to other areas will be i`
based on characteristics of topography, land utilisation,
population density, magnitude of problems as related to
comparable areas, established technical standards and
professional studies.
9. The overall cost-effectiveness of providing a specific
facility or service.
i
: The annexed area will be considered for CIP improvements in
the upcoming CIP plan. This track will be considered
aeaordiny to the same established criteria as all other areas
of the City.
4
gBenCaNo. 9~f- 033
. Apendafl~;Z~c~
~,s o . u j
ATTACHMENT 3
ANNE: nON SCHEDULE (A-66 and &AZ
ACTTViTY
DATES M
City CourA sets date, time and place for public 8/16
! hearings.
it
Staff informs property owners about the proposed 9/9
annexation
Notice published in Denton Record Chronicle for fast 9/9
public hearing. Service plan is prepared.
City Council holds first public hearing. 9/20
Notice published in Denton Record Chronicle for second 9/23 3
public hearing. i
i
City Couna7 holds second pubL,: hearing. 10/4
Commission makes 10/12 1
Planning and Zoning
~ " CtCOnSn1C11dati0rl. P
ty Council institutes annexation. First Reading of ;
y x ; . rAt
nexa
r
tion blication of Annexation Ordinance in Denton Record 10/28
Chronicle.
E
Fiscal Action by City Council. Second reading and 12/6 ;I
adoption of the Annexation Ordinance.
{
Action requiring at least six affirmative votes of City Council.
a
r~
(`F L!
t ~
giCITY
r CpJNCi
9- ff-5g
}
~a
F r'- ` e 4
Y a
i Jla l
1
w
,f
i
A"No 'U 3
Ap"*l
DATEWVbe
ii
CG[III RRDnDT Mnf lln. 08
any
TO: Mayor and Members of the City Council
FROM. Lloyd V. Harrell, City Manager
SUBJEC'T': HOLD A PUBLIC HEARING WITH REGARD TO THE PROPOSED
ANNEXATION AND ZONING OF A 68 ACRE TRACT LOCATED NORTH OF
RYAN ROAD AND EAST OF FORRESTRIDGE DRIVE: (A-67)
` Bt~ErJDA'noN•
The Planning and Zoning Commission Is scheduled to consider this item on October
12, 1994.
The City is Proposing to annex and zone a 68 acre tract located north of Ryan Road
and east of Forrestridge Drive (A-67), The tract shown on attachment 02, contains
14 single family homes with an assessed value of $200240466.
The City Is initiating the proposed annexation in order to include an existing "donut
hole" so that the city limits line is drawn around cons
I A Service Plan setting guous tracts of land.
out the City's polIctes with regard to extending municipal
services to this tract Is Included In attachment #2. l
r A.
City Council reviewed six potential areas for annexation at the Councils retreat last
June and directed staff to proceed with annexation of this tract In accordance
r. % with the Local ;ovetsurteat Code the City may sex in an
to ]O one Year an area of u
perratt of the Incorporated area of the city, plus carry over from previous
percent of the city's area or ]0,514 acres,
City Council held a discussion with regard to the proposed annexation on August
16# 1994 and approved an annexation schedule (See attachment #3).
this A notice for ublic September 9 hewing was Property In the Denton Record Chronicle on Friday
annexation ' owners in this area were notified of the proposed
'I
t The first public hearing was held before the City Couio-il on September 20, 1994 f
and ten adult residents (six families) indicated their opposition to the proposed
Page 1
i
I
~plp
I
,
` M'71.9~.M .S',!.'~IP9 .fix ,'3' J. r:., ,.p x •Jt i.. . . '~1 i, ,Y1 .
AgeWaNo Q 3
Agaadall
(bate-1 d
2
annexation. Staff scheduled a meeting with the residents for Thursday September
29, 1994 to explain the service plan and provide other information.
PROGRAMS. DE?EARTME.M OR GROUPS A_ffTL ED:
r i
All dty service departments Including Utilities, Engineering, Planning and
Dev-dopnient, Fire, Police, Salld Waste, Environmental Health, Parks and Recreation,
I I
and Library.
1?l= MACT I`
The total assessed values for properties in this area amount $2,02 million vvith
estimated annual tax revenue of $11,756. The annexation and ultimate
development of this tract will expand the city's tax base.
Res Ily submits
Lloyd V. Harrell
City Manager
Prepared by:
!
Hany. N. Persaud, MRTPi, AICP
Senior planner
3 App
r _ pro tl, bits„ AICP
Executive or for
` PlaWn{itg'MA Development
Attachment 01: Site map and legal description A-67
Attachment #2: Service Plan A-67
Attachment a+3: Annexation Schedule
Page 2
wr.: .a....rwr,.r rFnh7G ~ts,.~{+d•$.@'1J.
pen .
111. t
ATTACHMENT 1 ANNEXATION SITE
ANNEXATION A67
DENTON CITY LIMITS u
E, Site flap Lam!
r
r. aQ~IQaNO ~ ~ 3
Aperdalta
Q319
I
I
s
H0680N 1TF.ABLeY
i
MAN RD.
i `ry
i
1
1
i
I ~
,..1
E=n
0.. ....u n..e w. >u+: enJ a...... ~ v .a,... .vi r. . ~l:
r-r sea..
Apen
Aalle
Date 9
All that certain lots tract$ or parcel of land situated in the A.
Gibson Survey A-498 and the T. peacock Survey A-1589 Denton `
County, Texas and bung more particularly described as followst
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)
f to north 00 330 12" west 258.0 feet]
2e south 88. 141 270 west 832.73 festj I
3, north 0. 40f 58" west 1057.29 feet;
4o west 419.0 feet;
5, north 178.0 fastj
6. north 260 36f west 268.0 feet]
1. north 380 351 eapt 290.0 feet=
8, north 90 35,1 east 390.0 feet to a point in the
south right of way line of 81 Passo Street as
established by Ordinance 73-17 and Ordinance 65-
35;
THENCE south 89* 460 20" west with the existing City Limits as
i established by Ordinance 65-350 1807.41 foot;
THENCE south 896 360 west 363.44 feet to a point in the existing
City Limits as established by Ordinance 79-61; #
I
THEM in a southerly direction with the existing City Limits as
established by Ord.%ancss 79-61j 88-001; 92-060, and 93-188 a total {
'distance of 2346.78 foot to a point in the north right of way line
of Ryan Road;
WCE`In-an easterly dirootion with the north line of Ryan Road
:2219.0 test to the Point of Beginning and containing 68 acres of '
{
AEE003E2/3/cg
.eN.
I
AgeodaNo ~?c! - 3
Ageedalte+ 6 ^
OGi9 /0• '9y
s ~i
where water or sewer main extensions, lift scat one,
force mains er other necessary facilities are installed s
by the developer, the developer shall be entitled to
reimbursement of the cost of such facilities from pro-
rata charges paid by persons connecting to or using such
facilities to serve their property, according to the
Subdivision and Land Development [regulations.
D. Solid Waste Collactjon
16 Solid waste collection will be provided to the
property at the same level of service as available
to comparable areas within the City, within Go days f
of the effective date of annexation.
2. As development and construction commence within
he this rieveland olid waste collectioincreases to
n shall be
provided to this property in accordance with then
current policies of the City as to frequency,
charges and so forth.
S. streets and Roads
1. The City of Denton's existing policies with regard
` to street maintenance, applicable throughout the
entire City, shall apply to this property beginning
with the effective date of the annexation.
24 Routine maintenance of streets and roads will begin
in the annexed area on the effective date of
annexation using the standards and level of service
as currently applied to comparable areas of the
city.
36 Reconstruction and resurfacing of streets,
installation of storm drainage facilities,
construction of curb cuts and gutters, and other
such major improvements, as the need therefore is
determined by the City Council or Manager, will be
accomplished under the established policies of the
City,
49 Traffic signals, signage and other traffic control
devices will be installed as the need therefor is
established by appropriate study and traffic
standards.
5. Street and road lighting will be installed in the
substantially developed areas in accordance with
the established policies of the City.
2
1
ISI.
A`TL
ApandaNo 900,
-
Agendalte S
l~to /O ° ~9un
F. Environmental Health and Coda ISnforcQM*-t Services.
f
11 Enforcement of the City+s environmental health
ordinances and regulations including, but not
a limited to the grass and weed ordinance, garbage
f. and trash ordinance, junked vehicle ordinance, sign
ordinance, food handler ordinance, animal control
ordinance, and the tree preservation ordinance
shall be provided within this area on the effective
date of the annexation. These ordinances and
€ regulations will be enforced through the use of
existing personnel.
s. Building, plumbing, electrical, gas, and all other
construction codes, as may be adopted by the city,
will be enforced within this area be inni
the effective date of the annexation Existing
i personnel will be used to provide these services.
f 3. The city+■ toning, subdivision and other ordinances
shall be enforced in this area beginning on the
effective date of the annexation.
< 4. All inspection services
Denton, but not mentioned above, will the Cityof
to this area beginning on the effective date of the
annexation. Existing pm-rsonnal will be used to
provide these services.
S. Flood damage aitigation will be provided by
existing codes and ordinances of the City as of the
effective date of the annexation,
6. As development and construction commence within
this area, sufficient personnel will be `provided to
furnish this area with the same level of
environmental health and code enforcement services
as are furnished to comparable areas within the
city,
a• Plari_A&L,D4valocsent Services
The toning jurisdiction of the City will extend to the
i•;' annexed area on the effective date of annexation.
tThe
ract is to be coned Agricaiture (A) toning elassifoat on
at. the time of annexation.
is Enka and Recreation Services
Residents of the newly annexed area may use all recreation
E
{
i'
i
gendaNo,, d1'
~'F a~endaita
facilities, including parks and swimming pools throughout y~ g
the city, on the effective date of the annexation, The {
sage standards and policies now used within the City will
be followed in the maintenance of parks, playgrounds and
swimming pools.
i
J. Electrical Distribution
Electrical power will be made available to the site as y'
' required, at the same level of service currently being
provided to comparable areas within the CitW.
K. 1[iscsllanro
Street names and signs will be installed if required,
approximately six (6) months after the effective data of
. annexation.
Residents of the newly annexed area may use all publicly
owned facilities, buildings or services within the city on
the effective date of the annexation. All publicly owned
facilitiss, buildings or services will be maintained in f
accordance with established standards and policies now used
in the City.
L. CaflitV Imnrevement■ program (2P1
o
The CIP of the City is prioritized b such
say Y policy guidelines
I
16 Demand for services as compared to other areas will be'
based on characteristics of topography,,
population dnsityo magnitud of oevlend A as related to
Q s
t+," coi"rabl• areas, established technical standards and
professional studies,
t 2, The overall cost-effectiveness of providing a specific
facility or service,
The annexed area will be considered for CIP improvements in
the upcoming CIP plan. This tract will be considered
accordin to the same established critoxia as all other
of the
Ch y. ' ..,,.E ty. areas
4
i
irm.at
..SAM .
M■ vndaNo. y 'O~g
ATTACHMENT z Agendalle c
SERVICE PLAN ate ~ ~ 8ol 9
u
Aanesadom Nembm A47
Acraye saoeseds fs Acres
i
LoNUM. Nw* of Pyna Road and Earl at ]Vwn Mdfe Dim J
1
A. Police Services
is Patrolling response to calls, and other routine
services will be provided on the effective date of
the annexation, using existing personnel and
equipment.
Z. upon ultimate development of the area, the same
level of police services will be provided to this
area as are furnished to comparable areas within
the City.
9. fire eretaetion and Emergency Medical Services ( a1 r
k 1. Tire protection and emergency medical services by
the present personnel and present equipment within
the limitations of available water and distances
from existing fire stations, will be provided to
this area on the effective date of the annexation.
Upon ultimata development of the area,the same
level of fire and.emergeney ambu)ance services will
be provided to this area as are furnished to
ohmparable areas within the City.
C. ii~a/Nastawat r Sarvicer Sarviges
water and wastewater services will be extended to the
property in accordance to the City's master utility plan
and Section 31-118 of the Denton Code of ordinances.
Developers shall pay the actual cost of all water and
sewer main extensions, lift stations and other necessary
facilities required to serve their development in
' accordance with the City's raster utility plan and the
Subdivision and Land Development Regulations.
The City may participate in the cost to oversize water
and sewer mains subject to fund availability and approval
of the City Council.
1
~a
♦F.M
f
f
3
Agenda No 03
ATTACHMENT 3 Agendalte y
Nble / -Q'
i
ACT MY
j DA'L'ES
City Council sets date, time and place for public 8/16
hearth:.
Staff informs Prnp~Y owners about the proposed 9/9
Onnexadott
j Nod" published in Denton Record Chronicle for rust 9/9
f public hearing. Service plan is prepared,
City 'Cush holds fast public hearittg. 9/20 .
Nodee published in Denton Record Chronicle for second 9/23
pubUc hearing
city Council holds second public hearing. 10/4
F~nf and
~n~BCognmfsslon nukes 10/12
reooenroatdadon.
MY Council imdtutes Annexation annexadon. First Reading of
Ordinance.
Put Ucadon of Annexation
Chn!n{ele. Ordinance in Denton Record 10/28
FFbW Acdon by City Council. Second reading and 12/6
adopdon of the Annexation Ordinance.
j Action requiring at least six affimadve votes of City Council.
i
E
f
i
f
E
CITY
i -COUNCIL
rY
}
r
r
~v I f
r r `
}
r
r.
ei'eRy
j
eN 1~
r `r 4
d
c
1'
r
Ap *NO
A oil
oete_1 " i
CITY CoUNCIL• REPORT
DATE: Octrber 4, 1994
r j TOs Mayor and Mombers of the City Council
V PROMi Lloyd V. Harrell, City Manager
i
SUBJECTi Z-94-020, F-M. 2181/Hickory Creek Road Rezoning
? RECOMMRNDATIONI
The Planning and Zoning Communion recommends approval 7-0.
A[n[M1A1ri
The applicant is requesting rezoning of 15.67 acres of land
located on the northwest corner of FM 2181 and Hickory Creek ,
Road from PD 114 Planned Development District to A ,
Agricultural District
}
SkmartOUND i
Goo PiZ Report.
PROGRAMS DEPA_ ENTS OR GROUP AFFECTEDI
Planning and Development
FTSCAh I MPAMi
F
NIX'
i Respec ully,aub itto;/~
( f ry~
.
Llo . Harrell
City Manager
Prepared byi f
C I
Debra Goodwin
Urban Planner
A ovedi
rank H. Ro ins AICP
Executive D rector
Planning and Development
,c
V 11--V
owl
be-daNo, 9 ' '
~~endalte
PLANNING AND ZONING COMMISSION REPORT 2
Tos Denton city council
case No.s Z-94-020 Meeting Dates October 4, 1994 {
9INIRAL INFORMATION
Applicants Karen Mitchell
Rt. 1, Box 362A
Collinsville, Texas 76233
r. .
Current Owners Dwight Thompson Ministries I
1655 E. 6th Street, A-1 I
Corona, California 91,719
1
Requested Action: Rezone from PD 114 Planned Development,
District to A Agricultural District
Location and sises 15.67 acres of land located on the i
northwest corner of PM 2181 and hickory _
Creek Road
Surrounding and Zoning and Land Uses
North - A/Vacant }
South A/Vacant
East - 8"117/Vacant
,G~r 4 Nest - A/Vacant
Denton Development Plans
' Moderate Activity Area K-
j
k SPICIAL IWORMATION
i
The proposed downzoning will not have an affect
transportation, utilities or drainage.
I
1
r'
i ,
r it
y, r.
Z
i
•
4gendaNo - 3
Agandaltem
90
(Cage Z-94-020) tbtg _
Page Two CQ rI
HISTORY
On May 6, 1986 from
, the rezoning of approximately 75 acres
Agricultural (A) to Planned Development District (PD 114) was
approved. This 75 acres included the subject 15.67 acre
tract. This PD allowed for a mixed use development consistinq
of detached single family, multi-family, parks, office and
general retail uses.
On January 190 19930 the City Council approvad an amendment to G
PD 114 to rezone 58.81 acres to Agricultural and amend the PD
} to allow the remaining 15.67 acres to be utilized for a
I televangelist ministry.
The property is currently vacant. The applicant has indicated
that tho plans to locate a tslevangelist ministry on the
property are no longer being considered.
•
A11ALY8IB
The applicant is requesting to remove the Planned Development
District and place an Agricultural zoning on the property.
' There are no longer any development plans for the property
t unless in compliance with the A zoning district.
4E The property is located in a moderate activity center in which
mixed land uses of moderate intensity are encouraged,
intensity allocation in a moderate activity cer.
ter is 350
trips per acre. This property would be allocated !1,485 trips.
This downzoning will result in a significant reduction in
intansity trips. a,
l1O11F41CATION
Fifteen notices wore sent to property owners within 2001 of
the property in question rior c f
Commission hearing. Two favorableo rethe sponses were rsceived.~g
r
f 111
I
qi
Y AgendaNo 3
Agandalte _
(CaS9 Z-94-020) CPIs ~0 •-9'
Page Two
i AISTOAY
On May 6, 1986, the rezoning of approximately 7E acres from
II Agricultural (A) to planned Development District (PD 114) was
approved. This 75 acres included the subject 15,67 acre `
tract, This PD allowed for a mixed use development consisting
of detached single family, multi..family, parks, office and
general retail uses,
t
On January 19, 1993, the City council approved an amendment to
I PD 114 to rezone 58,81 acres to Agricultural and amend the PD
j to allow the remaining 15.67 acres to be utilized for a
11 televangelist ministry.
T
he property is currently vacant. The applicant has indicated
that the
props ty apreano 1 ngercbeing onsidered?let ministry on the
i
71lb1LYiIB i
The applicant is requesting to remove the Planned Development
District and place an Agricultural toning on the property.
There are no longer any development plans for the property
unless In compliance with the A zoning district.
A.
l The property is located in a moderate activity center in w h
islXod 1 nd ich
h
uses
of made
Intensity allocation in a motderteteactivityrce ter is uraged350
trips per acre, This property would be allocated 5,485 trips.
This downzoninq will result in a significant reduction in
intensity trips.
NOTIFICATION
Fifteen noticed were sent to property owners within 2001 of
the property in question prior to the Planning and Zoning
Commission hearing. Two favorable responses were receive
i
t
f
{
1
. ~cazf#y
AaendaNo_ G,
Agandalterri,,
(Case Z-94-022) Oeta
Page Three
U OOMMENDATION
Planning and Zoning Commission held a public hearirry on
September 14, 1994 and recommended approval of Case Z-94-020
AL'1 NUATIVSB
I . Approve the petition.
l' 2. Approve the petition with additional conditions.
30 Deny the petition.
40 Postpone action. i
a' ATTACM31TB
1. Location Ma
21 PD•114:Detailed Plan
96 Planning srd Zoning Commission Minutes of September 141
1991
a t r y ~ t
' I
T' 1 p,
, ..Y . .,.._r:..y nwiM'vt+'e~9+eJ:•rM,IA'.w'~y'
4' t
..n, r
A„endaNo y
ATTACHMENT 1 Agvdall
Z-94.020 Dwight Thompson Ministries NORTH
/
I
[ 1!o w i,
I
i - SWE
RIM
r-i :j
f
I
Location Map
Data 904 Scala None s
ila, vy
.byll'♦b r
j
1
w u
NY I.YI. rN KI r.N♦. 111
r • ~1•/ /MI I\M• ~ /Mi 1//N. Nu)f1iN I
rM rll• t~ (1 • (•)I'~f I/1~~) \)•,r /•~ire'r M'
t'1 I ~~!lACIIEp •A 1 mn •uiin•~-'~-"• ~
PHASE ♦ 1 PHASE IZ M4~w~rX •.r, ` i'
MITI.
+ ~ ~b , f= Y 1 • ♦ • ~ 2.1 M... r .T Si ~ ~LSLC1
VV ~ . /NI NN•
A F ~.r M' r ur • ' wr\ ua, //r. n, MI _ _ _ _ ~ aw r•W
I ,1 I 0 rF».K r••.••.n• y
• , M • w\»•r,\ ! /♦•.rr•♦NI w • } ' r ! Z!_ .1 Ire
~y ~•~i N»~~l N'~UNb•I INFN T*} j}zl.
-1 7
'r7i IMr NK• ' ~ »~L! 1 1
~1 f \ 1.1 1 •NN r 1 ' a' _ ' ~r-'i.' 1 1,~i,
1 1 a t
' , ~ f♦ v • 'J • ~ u ~.•iwNirii Y 1
j 1 Mr 1 ~ ~ rIr N • 1 'f, I y wr KIM
r ~ = 1 1 r f♦ ~ ~N•~yr , ~'P' r • 1. ' ~.r.?:'~''fs.'~?Fti'f a~tl7
oil
l ) •a Ml••1 Y.NO 1tl ` u..l« INI«» •M 1 M M N• 1 Fo\ . -•.,S
:'.Nato N/S"
- nu rL+owrSrna/~ wuunn. Imr
} I j •r IM M reYlr rY r/ ~l
r 1;. y • art 1 it a. L:7 I
HSTAI PLAN r si_ w 1
/AP WY
rz.
I~
- __.,...,.,....,•..awa.Ll~wa»'-riA,S~a'Bk'1l~GAF~'~"'" ~ ~I
i
i
a I
1
I.
ti OndaNo
R ATTACHMENT 3 Agc'hi
Minutes PiZ Commission Dada
September 14, 1994
Page 17
F
r 7
Kr. Horton: i second that.
1Ucs. Hassell: All r of the motion to postpone? Any
oppos carries 17 ;0)
1
s
5 III. Hold a public hearing and consider the rezonirg of a
15.67 acre tract located on the northwest corner of FH
2191 and (PD 11 Hickory o Crook Road Agricultural District Development Dis-
tract i
j
f• ? staff report given by Debra Goodwin.
This is a request for rezoning of a 15.67 acres tract. Sack
i. in 1986, approximately 75 acres was rezoned .c.:- Agriculture
to 9D 114, This particular PD allowed for a mixed-use
development which consisted of detached single family, multi-
; r family, parks, office and general retail uses.
in 1993 an amendment was approved to that PD. it basically
took S8 of the acres back to agric t re and'created a PD for
elist ministry.
~ is sores for a tela-avang
The property is currently vacant. The applicant has indicated
that the plans to locate a tela-evangelist miniL,_ry on the
property are no longer being considered. Thby are requesting
that the property be down-soned to agriculture. The property
is located in a moderate activity center. This down-zoning
ime.
that is llreallytnot asconncern of rstaffiat ntenity trite so
owners within 200 feet of
We did send notices to is property
the propertyy in question. We have received two responses by
E mail, both in favor of the proposal and one telephone response
that was basically no comment. He was not opposed or in favor
of the rezoning. Staff would recommend approval of 2-94-033.
11re. Burrell: is there anyone to speak in favor of the
petition?
! Karen Mitchell: Rt. i box 361 A, Collinsville, Tx. I an hers
9 representing Dwight Thompson, owners of this piece of proper-
ty. I would like to thank Debra for the good 'Job she did on
this case and making it a smooth process. I an here to answer
any questions you may have.
Dr. Huey: Are there any other plans regarding the property?
III
E A~endaFEo
ATTACHMENT 3 Agvd
minutes Pi8 Commission Da;a.
septembor U, 1994 7 r,o
Page 17 0
Mr. Norton, I second that.
Mrs. Russell, Aicrries T=O}f the motion tc postpone? Any
opposed~f---ls
iii. Hold a public hearing and consider the rezoning of a E
15.67 acre tract located on the northwest corner of FM i
2181 and Hickory Creek Road from planned Development Dis-
trict (PD 114) to Agricultural District (A),
staff report given by Debra Goodwin.
This is a request for rezoning of a 15.67 acres tract. Sack
in 1986, approximately 75 sores was rezoned from Agriculture
to PD 114. This particular PD allowed for a mixed-use
family, muiti-
development
parks, which offic consisted andd generdetached l retal fuses.
II
familyin 1993 an amendment was approved to that PD. it basically
and created a PD for
took 59 of the acres back to agriculture f acres for a tole-evangelist ministry.
15
The property is currently vacant. The applicant has indicated
that the plans to locate a tela-evangelist ministry on the
property are no longer being considered. They are requesting
that the property be down-zoned to agriculture. The property
is located in a moderate activity center. This down-zoning
will result in a significant reduction in intensity tri s so
that is really not a concern of staff at this point in time.
We did send notices to 15 property owners within 200 feet of
the property in question. We have received two responses by
mail, both in favor of the proposal and one telepho.te response
was basically no
staff comment.
r commond approval of Li
of the re 94-022.
mrs. Russell, is there anyone to speak in favor of the
petition?
i Karen Mitchell, Rt. 1 box 361 A. Collinsville, Tx. I an here
rspresenti Dwight Thompson, owners of this piece of proper-
Mye caI woull to thank for the se andlmaking it a moothaprocess. good here to answer
any questions you may have.
Dr. Huey, Are there any other plans regarding the property?
' / it •
i,
tiVl
17,
` 4Z1N
k
~ ~ s~~ daNo, 9~1
111putea ps:8 Commission
page Isar 14. 1494
Krs- Kitchell! I Donft really know for sure. I do know that
accordinq to Reverend Thompson•s people but in California,
that he has sold off the majority of his tela-evangelist
portion. They may/may not at some point locate a church
them.
Mrs. Russells is there anyone sloe that would like to speak
in favor of the petition? is there anyone that would like to
speak in opposition? The public hearing is closed.
Kr. Norton! I mow we approve 894-020.
Mrs. Schortzs I second.
Kra. Russells All in favor of the motion? All opposed?
Notion carries (7-0).
IV. No a public hearing and consider the rez q of a
I 0.382 ore tract located on the east s of Woodrow
Lane app imately 510 feet south of Mc ey Streat from
Multi-fami Dwelling District (MF to Office Condi-
tioned DistrN (o(c)).
Staff report given by bra Co In.
This is a request for rezo ng of property on Woodrow Lane. It
is approximately .3825 0 of property. We will be looking
at additional right o way d ication upon platting to bring
Woodrow up at a 40 f t halts roots There will be no street
improvements requi , nor will ere be sidewalks required as
they are already n place. I i icated in your back up that
the driveway s inq was 300 tee and we would be looking at
possibly a she driveway. As f as the driveway goes, we
are looking a 24 toot drivewa with an access easement.
That drives would be along the orth property line. The
property t the north will char the driveway once that
property volopss
There i water and saver available t the pproperty. One of
the thi s we have come up with is an dditional fire hydrant
be add in front of this property. Th t wont necessarily be
thq
asreu resent of platting because the latting is being done
property is still zoned Kris One of the conditions you
see i the rezoning is to include that t re hydrant installa-
tion t the time or prior,to occupancy o the building. The current
and It Is prol processed atityhiisiltime throughcthesDevelopmentpReview
,P
dtmr•tOn-Ord
q;endaN* ,,gy 93
A,g^~Aa11
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
FROM PLANNED DEVELOPMENT DISTRICT 114 (PD-114) TO AGRICULTURAL (A)
67 ACRE
ZONING DISTRICT CLASSIFICATION AND USE DESIGNAM O 2F81 AND HICKORY
TRACT LOCATED ON THE NORTHWEST CORNER OF F.
FOR i
CREEK ROADI PROVIDING VIOLATIONS THEREOF; AND PROVIDING PENALTY OVIDING FOR AN EFFECTIVE DATE52,000
` I FOR
i WHEREAS, Dwight Thompson Ministries has applied for a change
in zoning for a 15.67 acre tract located on the northwest corner of
F.M. 2181 and Hickory Creek Road from Planned Development District
(PD-114) to Agricultural District (A)t and
WHEREAS, approval of the 1994 requthe ested change and in zoningiCom-
mission recommended 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 ORDAINSS 1
A CTION I. That the zoning district classification and use {
designation of the 15.67 acre tract of land described in Exhibit A,
attached hereto and incorporated herein by reference, is changed
from Planned Development District 114 to Agricultural zoning dist-
rict classification and use designation under the comprehensive
of Denton Texas.
zoning ordinance of the city
zoning district of classificatiomap is amended to
fiECILMU. the change That the City 19
show
sF M ON M. That any person violating any provision of this
ordinance shall, upon conviction be fined a sun not exceeding
$2,000.00. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
jZCTION IV. That this ordinance shall.become effective four-
teen (14) days from the date of its passage, and the City Secretary
is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, the official news-
paper of the City of Denton, Texas, within ten (10) days of the
date of its passage.
PASSED AND APPROVED this day of , 1994.
BOB CASTLEBERRY, MAYOR
AgendaNo~ '
AgeodaEte ;
ATTESTS /0"o r/
JENNIFER HALTERS, CITY SECRETARY 4
t
BY,_ ~i
APPROVED AS TO LEGAL FORM
DEBRA A. DRAYOVITCHo CITY ATTORNEY
t
I I BYS - ,
1
y `
i4
.y
r y ti~ 5L 111Y{~'~
llilili ' `A
PACE 2
r
ism
EXHIBIT "A" AAertdaNo 9~/- 3
15.67 ACRE TRACT p$eDdalta
PROPOSED Ar. ZONING Dale d~'
All that eartstn tract of land situated in the Eli Pickett Survey, Abstract
Number 1018 and being a part of the called 54.4788 acre tract described in tht
deed to Dwight Thompson Ministries, Inc. recorded in Volume 3135, Page 439 of
the Real Property Records of Denton County, Texas{ the subject tract being more
particularly described from record information as follows
BEGINNING for the Southeast corner of the tract being described herein, at an
iron pin called for at the Southeast corner of the 54,4188 acre Thompson tract }
at the Intersection of tha Beet Right-of-Way of FM Hwy 2181 and the Center line
of Hickory Creek Road;
THENCE North 81 Degrees 39 Minutes 43 Seconds Hest along Hickory Creek Road
with the South line of the Said Thompson tract a distance of 617.52 feet to an
troy pin at the Southwest corner thereof and being the Southeast corner of the
10.000 acre tract described in the deed to Paul Flatt at ux recorded in Volume
3135, Page 413 of the said Real Property Records;
THENCE North 02 Degrees 20 Minutes 17 Seconds East with the West line of the
said Thompson tract and the East line of the 10.0 acre Flatt tract poising the
Northeast
corner thereof and the Southeast corner of the called 10.00 acre
tract described to the deed to George T. Connell, Jr. recorded In Volume 31350
Page •436 of the said Real Property Records, In all, a total distance of 1123.04
feet to the Northwest corner of the herein described tract and a reentrant
COC64 r,ef a certain 58.81 acre tract)
THENCE South 88 Degrees 58 Minutes 20 Seconds East severing the said Thompson
tract with a South line of the 58.81 acre tract a distance of $88.36 feet to a
r' point to the West Rlght-of-Way of FM 2181 for the most Easterly Southeast f
corner thereof)
THENCE South 00 Degrees 01 Minutes 04 Seconds East with the Past line of the
54,4186 acre Thompson tract and the West Right-of-Nsy of PH 2181 a distance of f
181.85 feet to a Right-of-Nay post at an angle point theraint
THENCE South Ol Degrees 01 Minutes 40 Seconds Nest continuing with the said
West Right-of-Nay of FM 2181 a distance of 955.05 feet to the PLACE OF
890tNNING and tattooing 15.67 acres of land.
This description was prepsred from record information only,
I
9241/jd38
{
t, ~
k
i R
1 `
)
1
r
ayy1 1 t , 9~ i A t ' ' S a~~
I ~ ~ l i { r ~ ~ J 1: ~ 4 •{7
q J ~ r , 71~'~ 7 s: r 1 n' ~ , ~ pryL
) f dtJ
r
a y,' 1 7 Y I r J ti A: r i r L t a w t i.rya
1 Y'r+i'F ' i' k d " r ,.r r o r t a ' 'P,
41 S r r eta ° 'i y7,
1., f- l i d + c 1
r , 7~ ' r ) 1 r w) , w r l : i
f r f r M 4
444
r
n
Y'1 r r 1 J ' r ( ` 4 I tw" t" ~
r II IY a r
a 1 ~
4~ 41,
Y MI t A:
r I + y.
Gar '
1 0,
{r t )
5
I
I
1
i
E AP*I
oorte~lC~.t!
CITY COUNCIL REPORT ~~r ~ •
DATEt October 4, 1994
Tot Mayor and Members of the City Council ;
FROMt Lloyd V. Harrell, City Manager
ttt 808JECTt Z-94.022, Woodrow Lane Rezoning
RECOMMENDATIQHt
The Planning and Zoning commission recommends approval 7-0.
$UMMJRRY
~.rr.
The applicant is requesting rezoning of a 0.7825 acre tract of
lend located on Woodrow Lane approximately 510 feet south of
j McXinney Street from Multi-Family Dwelling District to office
(Conditioned) District.
BACXOROUND t E
see PiZ Report. j
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTEDt
Planning and Development
d; ZrSCAL INPACTt
E NSA
Reaps ully
I
III Llo V. Harrell
City Manager
f Prepared byt
Debra Goodwin
Urban Planner
E
App oved$
Frank !1. Robb ns AICP
Executive Director
I Planning and Development
M.4alW irn:~~l1,Rki/34vdrV^'. i.~' ,ti.rl•(ry;,~ i,•
1
I
` 1
z~
AA. 1
~IAdING 914
•
ago~dalt
PLANNING AND BONING COXMIOSION REPONa /o _ y- qy
Zoe! a
l
Too Denton City Council
Case !loos Z-94-022 Noeting Dater October 4, 1994
r GENERAL IMRXATION
Applicants Metrople:c engineering
A 501 So Carroll Blvd, Suite D
Denton, Texas 76201
Current owners Tom Whitlock
326-C So McKinney
Denton, Texas 76201
' Requested Actions Rezone from MF-i Multi-Family Dwelling
District to 0(0) Office - Conditioned
District
Location and sines 0.3825 acre of sand located on Woodrow
i
Lane south of So McKinney street
Burrounainq and Eoning and Land Uses
North - MP-1/Single Family Residential
South
MF-1 Si
le Family / Residential
mJ ,
East - MR-1/Vacant
West - 5-201/Denton County Jail E
Denton Development Plans
l Low Intensity Area
•PEOIAL 1VTORMATION
Transportations
Additional right-of-way dedication will be required to provide
forty feet of right-of-way from the centerline of Woodrow
Lane. No street improvemente will be required, Sidewalks are k
already in place.
Required driveway spacing on Woodrow Lane is at least 300 feet
and only one per tract. A driveway will be located on the
north property line to be shared with the adjacent property.
i
-~pendaNa
I` (case Z-94-022) Age~dalte
Page Two Data
tltilities~
There is an existing twenty inch water line in the center of
Woodrow Lane and an existing eight inch water line at the
abandoned water well site on the east side of Woodrow Lane.
A twelve inch rawer line on the east side of Woodrow Lane will
provide service.
;t
With the conversion of the property to commeroial usage, an
l additional fire hydrant shall be required to meet the 300 foot
spacing regulation.
Drainages
i
No public drainage improvements will be required.
r
NIBTOAY
The property is currently zoned HF-1 Multi-Family Dwelling
District and is vacant. A minor plat has been processed and
approved by the Development Review Committee under the revised
subdivision ordinance.
~.w
t AMLY818 i
The applicant is proposing to place a Conditioned zoning on
this parcel, offices are proposed on the property. As the
property is within a low intensity area, the conditioned
zoning will place restrictions on the size of the proposed
building and require landscape areas along the side and rear
j property lines. The setback shall be a minimum of ten feet in
width and contain a minimum of nine understory trees. A six
foot wood fence shall be installed along the side and rear
property lines.
The property is located in e. low intensity area.
from MF-1 to O(c) will not affect the inensity allocation The ias f
the conditions placed on the property will require that the
f, office use have the same average trips per acre as allocated
under the present conditions.
j
I
~ '~ertdaNo
A~eadalfe
(Case Z-94-022)
Page Three CuS9 4
~ { III
oa f r,
I
NOTIFICATION
Seven notices were sent to property owners within 200' of the
property in question prior to the Planning and Zoning
Commission hearing. No responses were received.
I
RICOKKENDATION
Planning and Zoning Commission held a public hearing on
September 14, 1994 and recommended approval of Case Z-94-022
f (7-0) subject to the following conditions:
1. The maximum illowed building square footage on this site
1 shall be 5,100 square feet.
2. Maximum building height shall be two stdxles.
3. A landscape setback along the side and rear property lines
shall be required. The setback shall be a minimum of ten feet
.f
in width and contain a minimum of nine understory trees. 'A"
six foot wood fence shall be installed along the side and rear
r, property lines.
4
4. Prior to building occupancy, a fire hydrant" shall be
s installed within the right-of-way of Woodrow Cans.
1
ALTRANATIVIS '
1. Approve the petition.
2. Approve the petition with additional conditions.
36 Deny the petition.
4. Postpone action.
ATTACKKENTS
1. Location Nap
2. Planning and Zoning Commission Minutes of September 14,
1994
J
,j
~y
i"-
-wr
C
gffcndaNo_ • ~ ~
Ap°~dalte
j ATTACHMENT 1 Ga"3 ~ , -
Z-94-022 115 Woodrow Lane Sda 1'. NORTH
J Q wA J&Lpmn U f'_'ll; ti
PA
L! a
FuSI[Y
i 7L
✓ OIL,7 III
ADD 10
ULl P
'
J OA ®O F. Y. 1 1 i
O
r. =J
°
I
SITE
mod
I `F
~ 3111;1 ~
1 till
2 {65t
. AL[CAF Yi111 DR {
x;111 1
A-Mod
4 , / x,10• /
Location Map
Date: 9/l/94 Scale: None
%d, Ann ATTACHMENT 1 Ewa ,
Z-94-422 115 Woodrow Lane Sold 1. NORTH
%`%C J%% w4 ~1"w r 1 An i
L!~L.~rr sRltr
L
f aa a
CAR ®o F. M. 42{ °
SITE
571
7i
mL
-it
1 snAOr osRS oR I
ALtCAE YryT~ AS DA. \
a top "or
tV L
'PC JS
c
i
IF
Location Map
s
I
Date: 9/1/94 Scale: None j
I`I'MM
1
ATTACHMENT 2,anGaM
Minutes Pis Commission q~ ~n
September 14, 1994; ail.~~l L
Page is 6h L
Mrs. 0111 1 Don0t really know for sure. 'i do know that
according Reverend Thompsones people~.out in California,
that he has ld off the majority of his tela-evangelist
portion. They y/may not at soa0'point locate a church
there. i
Mrs. Russells is ther anySpe else that would like to speak
in favor of the petition in there anyone that would like to
speak in opposition? lie hearing is closed.
Mr. Mortont I move approve 4-0200
Mrs. 8chertal second.
Mrs. 0111 All in favor of the otion? All opposed?
Moti carries (7-0).
IV. Mold a public hearing and consider the rezoning of a
0.3825 acre tract located on the east side of Woodrow
Lane approximately 510 feet south of McKinney Street from
Multi-family Dwelling District (111-1) to Office Condi-
tioned District (o(c)).
Staff report given by Debra Goodwin. E
This is a request for rezoning of property Woodrow loans
it
is approxi I
mates .2125 acres at additional right of wldedication uypon platting to bring
j Woodrow up at a 40 foot half street. There will be no street
improvements require, nor will there be sidewalks required as
they are already in place. i indicated in your back up that
the driveway splloing was 300 feet and we would be looking at
possibly a shared driveway. As far as the driveway goes, we
are looking at a 24 toot driveway with an access easement.
That driveway would be along the north property line. The
' property to the north will shared the driveway once that
property develops.
There is water and sewer available to the property. One of
the things we haw come up with is an additional fire hydrant
be added in front of this property. That won8t necessarily be
a requirement of platting because the platting is being dons
as the property is still zoned MTi. One of the conditions you
see in the rezoning is to include that fire hydrant installa-
tion at the time or prior.to occupancy of the building. The
being processed atlthis itiand it Is me through the~Devele minor op■nt plat view
r
wp lI
oondaNo
Aovdalts
minutes PiZ Commission; 1004-9y
September 14, 1994 ~Q
Page 19 2
0
Committee. You are looking at a conditioned zoning on the
property.
The property is located in a low intensity area and I apolo-
gize for not explaining how we got the square footage and why.
As you might know, i donOt like the Denton Development Plan
IE and trying to explain it. We looked at the property and the
number of trips allowed under the current zoning (M). We
took that information and converted it back' to the office
zoning. Basically you come up with an allowed square footage
under the office zoning of 5,100 square feet. That square
` footage would produce the same amount of intensity trips as
the NFL property.
We sent out 7 notices to property owners within 200 feet of
the property in questions. We did not receive any responses.
We would recommend approval of 294-0220 subject to four condi-
tions.
is The maximum allowed building square footage on the plat
would be 5,100 square foot.
2. The maximum building height be two story. The reason for
the inclusion of that is the office district has no
height limitations. staff felt with the multi-family i
adjacent to this, it was necessary to place a height
limitation. With 6,100 square feet of building area, I
donft know that you would go too much higher than two
F stories.
2. We are also looking at a landscape set back along the
side and roar property lines. That would be a minimum of
10 feet in width. That would contain a minimum of nine
understory troes and a six foot wood fence would be in-
j stalled along the property lines.
40 Prior to building occupancy, we would require that a fire
hydrant be installed within the right of way on Woodrow
Lane.
Mr. Nortoni How many square feet are we talking about?
Mr. Coopers About 140000-15000 square foot.
No. Goodwin: In the lot itself.
Kr. Coopers Would the tone be along the full length of both
I
1
R
1
q;snd3No 'Q 3
A d, ;l
Minutes pit Commission
September 14, 1994 pg 2
Page 20
the side and rear property line?
No. Goodwin: Yes, the property is surrounded with multi-
family toning. The buffer yard is being placed to protect
those properties.
Kra. Russells This is just vacant property?
xs. Goodwin: Yes. We have received several requests within
the last couple of months to change the toning. Kr. Whitlock
was the first one to come in, but we have had other requests
on this particular lot.
i Dr. Husys is any of the adjacent property where some real-
dents have complained about the jail?
+ Ks. Goodwin: The property to the south is the Hilliard
1 property.
Xr. Robbins: It is in the vicinity.
Ks. Goodwin: The Hilliard's are right next door. I think
r they have three properties down there.
Kra. Russell: Any other questions? Would the petitioner like
to speak?
Tom Whitlock: 2716 E. Windsor, Denton, Tx. I petitioned to
1 re:one this property. I have had this property for 9-10 years
or $o. 1 try to keep it mowed every year. This year I
decided instead of just mowing it, I might as wall do some-
thing with it. i have practiced law in Denton for 19 years
and I would like to build a law office there. I told the
members of the staff and Grp, what ever they want, we will
work with them just agree to it. When we got the final
decision if it Is something we can work with, we will build my
office there. That is m main objective. i just want to put
an office there, something I think we can all be proud of.
once I got it built, I have talked with my noighbors, the
Hilliard F9 they own all the property south of mo. They have
the big sign "Buy Z get i froo", and yes, they coupplain
heavily about the jail. They feel like it I will build an
office there, the escapees will come to my office instead of
thoir hoses for some reason. I think they would be in favor
of an office there.
Kr. Coopers Do you have any problems with any of the condi-
tione staff has recommended:
i
n
R .dW
I'
A000daN0 9
Minutes PU Commission
September 14, 1994
' page 21rZ
Mr. Uhitlocks Mons what so ever.
Mr. Coopers There; are four conditions, the fence, fire
hydrant, and that type of thing.
Mr. Whitlock: I have no complaints about any of them.
Mrs. Russells The maximum square footage of 5,100 feet?
Mr. Whitlock: That is ample.
Mrs. Russells Any other questions? is there anyone that
would like to speak in favor of the petition? is there anyone
to speak in opposition of the petition? The public hearing
_ public hearing closed.
Mr. Coopers I move we approve 294-022 with the 4 conditions
staff recommended.
Mr. Morton: I second.
Mrs. Russells All those in favor of the motion? All opposed?
Motion carries (7-0).
rV, ` Receive. report from the Historic Landmark Commission and
consider'a raco=endation to the City Council concerning
encroont\s in street right-of-vay arou the square.
r, Bullett Lowrey: 1500 Vg•lina Send, Den . Tx 76201. We
wrote a letter suggestin ttk~atthere o encroachments onto
city property around the squat' iscussed this and voted
upon it again. It was unani that this constituted the
thinking and recommendati t the On• question we had
was precisely what we a square. crow definition is
what is immediate around the cou The somewhat
broader detini is one street perimet rther out. We
suspect the are should be a formal defin io t the square
o h invento of t historic pro •rt An Denton,
Aft* • r we is isis done we wil the ow the advice 1 the consul-
to The definition may be a bit broader t. this
nt, I think one street around the square wou be sufti-
j lent to protect the historical assets on the squa
Mrs. Russells Any other questions for Mr. Lowery.
j Drs Husys May I request Mrs Lowrey to repeat his recommends-
tion?
b
ucW
r•
yw1
whitlock.ord
q;ordaNo ~ y
A,rjC~hia;1 S
ORDINANCE NO-/04
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
FROM MULTI-FAMILY DWELLING DISTRICT (MF-1) TO OFFICE WITH CONDI-
TIONS (0(O)) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR
A 0.3825 ACRE TRACT OF LAND LOCATED ON WOODROW LANE APPROXIMATELY
510 FEET SOUTH OF EAST MCKINNEY STREET; PROVIDING FOR A PENALTY IN
THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING
FOR AN EFFECTIVE DATE-
WHEREAS, Tom Whitlock has applied for a change in zoning dis-
tLict classification and use designation for a 0.3825 acre tract of
sand from Multi-Family Dwelling (MF-1) District to office with
Conditions (0-(c)); and nnqq
Commis-
WHEREAS, on f
sion recommended approval of the4reque requested change in ozoning;end
WHEREAS the City Council finds that the change in zoning will
L be in compliance with the Denton Development Plan; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
ggcT AN I. That the zoning district classification and use
' designation of the 0.3825 acre tract of land described in Exhibit
{ At attached hereto and incorporated into this ordinance by refer-Distric once, is changed from Multi-Fazoning lw fling (olassifis tiontand
office with conditions (O-(c))
use designation under the comprehensive zoning ordinance of the
City of Denton, Texas.
SECTION Ii. That the 0.3825 acre tract shall be subject to the
i following conditions:
! 1. The maximum allowe square tobuilding square footage on this site
shall be 5,100
2. The maximum building height shall be two stories.
3. A landscape setback along the side and rear property lines
shall be required. The setback shall be a minimum of ten feet
six
tress.
installed along the side and rear
loots wood nfe fence contain shall minimum
property lines.
4. Prior to building occupancy, a fire hydrant shall be
installed within the right-of-way of Woodrow Lane.
That the City's official zoning map is hereby
:.v=IO III.
amended to show the change in zoning district classification and
use designation.
i
I
r
1 ~BMIdNo Ss
f R~eodai=
{ oat9 /Q ' y •q y
SECTION IV. That any person violating any provision of this
' ordinance shall, upon conviction be tined a sum not exceeding
$4,000,00. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
SECTION V. That this ordinance shall become effective fourteen
114) days from the date of its passage, and the City Secretary is
hereby directed to cause the caption of this ordinance to be pub- i
Iished twice in the Denton Record-Chronicle, the official newspaper
of the City of Denton, Texas, within ton (10) days of the date of
its passage.
i PASSED AND APPROVED this the day of , 1994.
BOB CASTLED ERRY, MAYOR
1. ,
;f { ATTEST
JENNIFER WALTERS, CITY SECRETARY
E
By$
a APPROVED AS, TO LEGAL FORMS
DBBRA'A. DRAYOVITCN, CITY ATTORNEY
BYI
i
i
t
7
t ~
i
PACE 4
1
r+. anon. raM.r a.n. ♦ , ,.i .w... r , ....a ar. {..rV..,r.r0 •.1Y 1.aJ:yrW'y41 ~ I
EXHIBIT A Ar,s,j S
!
All that certain tract or parcel of land sttuateg-, -tl+e.Cit~..Qf 'ad~l2
Denton, County of Denton and State of Texas, being out of the Jonathan
Brock Survey, Abstract No. 55 and being a part of a 2.62 acre tract
out of said Survey conveyed by R. P. Niles and wife to Alex Dickie, w
Sr. by deed dated April 26, 1946, and shown of record in Vol. 326,
page 202 of the Deed Records of Denton County, 'T'exas, and betray
also a part of a tract conveyed by Alex Dickie, Sr. and wife to
L.L. Morris by deed dated September 10, 1951, shown of record in
Vol. 375, page 33 of the Deed Records of Denton County, Texas, and ;
more particularly described as follows
BEGINNING at the Southeast corner of a tract of land conveyed from
Fred E. Wilson and wife, DoroEdatedsOctober R218r196lagandyreand
corded
wife, Allis May Ridgeway, by deed
in Vol. 474, page 521, Deed Records of Denton County, Texas;
THENCE South with the East boundary line of the tract conveyed to
Alex Dickie, Sr. by R. P. Niles and wife, 121 feet for corners
THENCE West 140 feet;
THENCE North with the West boundary line of the tract conveyed by
R. P. Hiles and wife to Alex Dickie, Sr., as aforesaid, 121 feet;
THENCE East 140 feet to the place of beginning, being the South
140 feet of the tract conveyed to Fred E. Wilson on July 20, 1957,
and recorded in Vol. 431, page 23, Deed Records of Denton County,
Texas, and being the same tract conveyed by Lillie Hilliard, Individ-
ually and as independent Executrix of the Estate of John Henry
Augqusta Hilliard, a/k/a Gus Hilliard and G. J. Hilliard, to Tom
Whitlock by deed dated November 23) 1983, and shown of record in
Vol. 1297, page 6230 Real Property Records of Denton County, Texas.
4 I
PAW
SITE
L 0 C A T 1 0 N M A P
r 1500.
f,•. .~0-ITX
CL:.
e
~ f
' ~f"K ~ xG4,, r~1~y a s ri_ d Y Tr
r
+ Fs a ff'4 J 7~}y1wJ``brt',
Ai" p~ 11 ~p JIV
OF,
, y< , w K ar Ak" k<.'
i x ? , y~,11. yr 3N
' ~ 5y 7.,,• ~rF 43'7.#.}r~" •,i',~~~~~~. i
em 0
Oe yX, 4i, y ~..7N rM T '9 .7... r
C _ ~ 1•;`, k ..~'ra`'~"11 .4 J 1r* ~~y..'~~C~ r19 rr~,:'f 4•
,.a
l
r
y
AlaW
REPORT log
j T0: Mayor and Members of the City Council
li FRONt Lloyd V. Harrell, City Manager
SUBJECT: Variance to Sec. 34-114, Article 17 of the Code of
Ordinances, pertaining to sidewalks.
RECOMMENDATION:
The Planning 6 Zoning Commission recommended denial at its
9/28/94 meeting, by a vote of 5 to o.
„a SyNMAgy t
The site, known as the Fred Hill addition, is located on the
south side of Hickory Street, at Bradshaw Street.
In order for the city Council to approve a variance, it must
be demonstrated that all five criteria, as listed in Seca 34-
6 of the Subdivision Regulations, are met. The criteria, and
the Commission's responses, follow:
1. The granting of the variance will not be detrimental to the
public safety, health, or welfare or injurious to other
property:
Grandng thk request my be dNrtmental to publle safety In that (he slk Is adjacent to a residential ann.
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:
I
Thk pmpefi does nol have any unusual phystcal shape or topography whkh would make k difficult to
iawll a sldeno& along (he frontage.
I
3. Because of the particular physical surroundings, shape or
topographical conditions of the specific property involved, a r
W particular hardship to the owner would result, as distin-
guished from a more inconvenience, if the strict letter of the
regulations is carried outs
No unusual hardrhtp would t mk from not approving this nquev.
r
4. The variance will not in any manner vary the 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:
Cunvat ngulatkns would be ranted for Ott one case tf (he variance wen granted.
{
% k R,. w.Y
P~
,~#endaNo ay
~AypeaJalt ~r
5. The special or peculiar conditions upon which the request
is based did not result from, or was not created by, the 1
i owner's or any prior owner's omission.
f1 07W k no ypUmNe, xbw crikrk No.1 ha na been nw&l
@ACKGRQ=s
r
This petition is accompanied by the final plat of the Fred
Hill addition, which was approved by the City of Denton in
1984, but never filed for record with Denton County. Sidewalks
were not a subdivision requirement in 1984, but are currently
required.
PROGRAMS ' DFP71R'1'MENTB OR GROUPS AFFFCPgD~
<t_ Property owner.
f FISCAL ImkCTs
t
Nons+
k s`. Respectfully submitted:
r
Lloyd Harrell,
City Manager '
spared byt j
0. Owen Yost, ASLA
Urban planner r,
I I
r,
RY1 r,.y.
'~bAl
F
r
' i, ABendaNo '
aDen4alte
Approved: Da3e u
Frank H. Robb ns, AICP
Executive Director
f Planning and Development
I ti ~ ~ III
S
1
lpl ri' i
ld t r Y
~r
r' 1
r
l~ ,E
1
Y
i
a r.......-
r X
f!!
P
~-andaNo 4
RTH
ATTACHMENT 1 Agol%ah 14- FP-94.4,36 Fred Hill Addition
14. ^
ku s ~
4
h
S1QNAllR
~ IFJG4S
LJQ~
WO&S Df~~
D❑
C~C~D
si~0E=11 ~
QCJD acs
oc~oD
Locagon Map
Data 8/18191 Scala None
► uX+~
AW i
f
9409
Minutes PAZ Commission A ,
I i September 28, 1994 4
Page 4 s
IV. Fred Hill Addition.
~ a.
Consider a sidewalk variance in the Fred Hill
Addition Subdivision.
Staff report given by David Salmon. 1i
The owner of this property, Mr. Fred Hill has applied for a {
variance of the sidewalk requirement along the frontage of
this property on East Hickory St. This has a little bit of e
history to it, and I think the applicant or his representative
will probably describe in more detail. This is a piece of
property that a plat was approved on back in early 1984. At
that time there was not a requirement to install a sidewalk.
For some unknown reason the plat was never filed. If a plat
is not filed within two years of the date of approval, it
becomes null and void. Technically in order to go back and
try to do something on this property, it would have to be
platted again, So the applicant has brought in a new plat and
we are going back through the platting procedure. This time
however, we do have a sidewalk requirement. That is why we
are requesting a variance. In order to recommend that this
variance be approved, it does have to meet three criteria that
j we are all familiar with. First, that it not violate any of
the cities master plans. The second, that there is sime
unusual shape or topography in the property that would make it
E difficult or a physical hardship for someone to construct a
sidewalk. The third is if there is such a physical barrier,
that it not be something that was created by the owner. This erty unusual topography pretty level. There does not appear to be any
and there is not really an unusual shape to
it as far as the frontage goes. Staff would have to recommend
to the commission that the variance, not be granted.
Mrs. Schertes Are there sidewalks on either side of the
proposed sidewalk on East Hickory?
Mr. Salmons Not near there.
I Mrs. Flemming3 Who is responsible for filing the plat?
ttt Mr. Salmons The city ultimately actually carries the docu-
Monts to the courthouse, at least that is what happens now.
This happened in early 1984 and I em not sure what the
procedure was at that point. As fay as I know, there is no
record that the plat was ever brought to the city. once the
plat was approved, it is like a void, we don't know what
4 1
i
9y-d3S
All.
Minutes P&Z Commission A ,
September 28, 1994
Page 4 ti
S
IV. Fred Hill Addition.
a. Consider a sidewalk variance in the Fred Hill
i Addition Subdivision.
Staff report given by David Salmon.
The owner of this property, Mr. Fred Hill has applied for a
variance of the sidewalk requirement along the frontage of
this property on East Hickory St. This has a little bit of a
history to it, and I think the applicant or his representative
will probably describe in more detail. This is a piece of
property that a plat was approved on back in early 1984. At
that time there was not a requirement to install a sidewalk.
For some unknown reason the plat was never filed. If a plat
is not filed within two years of the date of approval, it
becomes null and void. Technically in order to go back and
try to do something on this property, it would have to be
platted again. So the applicant has brought in a new plat and
we are going back through the platting procedure. This time
however, we do have a sidewalk requirement. That is why we
are requesting a variance. In order to recommend that this
variance be approved, it does have to meet three criteria that
! we are all familiar with. First, that it not violate any of
the cities master plans. The second, that there is some
unusual shape or topography in the property that would make it
1 difficult or a physical hardship for someone to construct a
sidewalk. The third is if there is such a physical barrier,
that it not be something that was created by the owner. This
property is pretty level. There does not appear to be any
unusual topography and there is not really an unusual shape to
it as far as the frontage goes. Staff would have to recommend
to the commission that the variance not be granted. Mrs. Schertzs Are there sidewalks on either side of the
proposed sidewalk on East Hickory?
Mr. Salmons Not near there.
Mrs. Flemming: who is responsible for filing the plat?
Mr. Salmons The city ultimately actually carries the docu-
f ments to the courthouse, at least that is what happens now.
This happened in early 1984 and I am not sure what the
procedure was at that point. As far as I know, there is no
record that the plat was ever brought to the city. Once the
plat was approved, it is like a void, we don-'t know what
r~
Rra.
,y„W • ^
s
I e
+nan6sNO
r,~anb3~te ,q
Minutes P&2 Commission
September 28, 1994~ Q
Page 5
happened. We don't know whether the applicant just didn't
bring it to the city, or we don't kno:+ whether he brought it
to the city and something happened between the time the city
had it and when it was carried to the courthouse. It may have
been parried to the courthouse and for some reason misplaced
or never filed at the courthouse. There is no telling, there
it a variety things that could have happened. There is no
evidence to show that any one of those happened. I don't
think the applicant knows exactly what happened either because
it happened so long ago.
P.r. Cochrane In what year did we start requiring sidewalks.
Mr. Salmons In 1988.
Aa. Robbins: Didn't we require sidewalks before that time?
Mr. Salmon: Yes, but not in this case. We required sidewalks
on one side of certain streets between 1983 and 1988. This
fell into that period, and this would not have been one of
those streets that required a sidewalk at that time.
Mrs. Russelit East of the property, are residences. on
k Sycamore, around Austin Baker's plant, there are sidewalks,
and it is light industrial.
Mr. Salmons I believe they platted after the sidewalk
requirement was in place. I will say our community develop-
ment block grant program, in the last few years has been very
active in trying to get some sidewalks installed in this area
of the City. There has been interest in sidewalks in this
area of the city and we have built quite a few and have some
even in the process.
Grog Edwards„ Metroplex Engineering: We did the original plat
for the Fred Hill Addition back in 1984. Basically, I think
we have a real good "sob story", a very unfortunate situation.
I wish we had a better variance case, but you kind of go with
the cards that you are dealt you. Back on Katie's question
about the filing of it. When we heard about this, we started
doing some research and basically going back and getting with
j Owen and him going through the city records. Basically, we
can document that Mr. Sill paid the roquired fees, submitted
the required plans, they went before P&Z and were approved.
As far as whose fault it was, who dropped the ball, who didn't
do what on the thing, that gets a little vaguer.
I have processed hundreds of plats through the city and for
I
r:
r µ . .J. .1 1:.^ia -~,x. . %,Y yjlZa
tin}iL.Y.41Y441dii. 'W S'~i•,4ArEarrL .1 ..•~F».:+, a.. ..:'.(4.. 1 ,.n R.. r . .
k
I
~ondaNo ~
~ A~9;lt~dit u
Minutes P&Z Commission 9
September 28, 1994
Page 6 7 V i
the city and have no recollection of this particular incident
and what was happening at this time. In going back through
the procedures, I know at one time the City of Denton was
requiring us to have the signed copies of the plat at P&Z
before they approved it. The owner of the company, Johnny
Haughtman and her husband Bud, bought the company in about
1983. She recalls that when they took over the company, the
City of Denton was still doing that practice.
It is my s belief, I can't swear that we had it there,
but it ie my personal belief, to the best of my knowledge and
recollection in the facts that Mr. Hill recalls coming in and
signing the plat two days before the P&Z meeting. I feel that
it was in the P&Z Commission's hands at the time. From that
point, the city sent it on to the county. At one time, the
county had to sign it and send it to Austin for microfilming
before they filed it and gave a volume and page to it. I feel
somewhere in the governmental process, it was dropped. There
is a possibility we didn't get it to the city, but from the
beat of my knowledge and belief, that wasn't our fault. That
does not change the fact that we do not have a valid plat in
force. Mr. Hill understands that. We all understand that.
The staff has been extremely cooperative. The City Attorneys
F felt like they were too extremely cooperative at one point.
And we don't want anyone to have to do anything illegal, but
it just seems that Mr. Hill came in and played by all the
ruler. and should be entitled to a building permit. Hopefully,
you can do whatever you can to address that.
i think basically conditions fl and /3 there is no opposition
from the staff that those are met, /2 they don't feel that we
meet. Basically the only thing that we have is that there are
no sidewalks on either side. There is developed property on E J
both sides. There is a little bit of sidewalk attached to the 1
bridge that goes under concrete. We do have some telephone
poles in the way. I know I don't have power to correct this
clerical error, nor does city staff. Hopefully the city
council does and any help you can give us in doing this, we
would appreciate.
j Mrs. Russell: Did this pp when
started to do something with the property recently? you ,
Mr. Bdwardse Yes, after it was approved, shortly thereafter,
Mr. Hill didn't have any particular plans for the property and
then we had the recession. He has been under the impression
that he had a filed plat f-- ihb last 8 or 10 years. Another
individual that he knows" that he wants to try to help get into
j
~ ff+Ib.. r. `d r..i r'• ;c. f v i a A t: ..,,..ra i . . _ _ I
l
1
I
a;ondaN0 4' ^G 3
. a
r,~lludl .
minutes P&Z Commission
September 28, 1994
Page 6 7490
the city and have no recollection of this particular incident'
and what was happening at this time. In going back through
the procedures, I know at one time the City of Denton was
requiring us to have the signed copies of the plat at P&Z
before they approved it. The owner of the company, Johnny
Haughtman and her husband Bud, bought the company in about
1985. She recalls that when they took over the company, the
City of Denton was still doing that practice.
It is my personal belief, I can't swear that we had it there,
but it is my personal belief, to the best of my knowled a and
recollection in the facts that Mr. Hill recalls coming in and
signing the plat two days before the P&Z meeting. I feel that
it was in the P&Z Commission's hands at the time. From that i
point, the city sent it on to the county. At one time, the
county had to sign it and send it to Austin for microfilming
before they filed it and gave a volume and page to it. I feel
somewhere in the governmental process, it was dropped There
is a possibility we didn't get it to the city, but from the
beat of my knowledge and belief, that wasn$t our fault. That
j does not change the fact that we do not have a valid plat in
force. Mr. Hill understands that. We all understand that.
The staff has been extremely cooperative. The City Attorneys
felt like they were too extremely cooperative at one point.
And we don't want anyone to have to do anything illegal, but
it just seems that Mr. Hill came in and played by all the
rules and should be entitled to a building permit. Hopefully,
you can do whatever you can to address that.
I think basically conditions 11 and #3 there is no opposition
from the staff that those are met, t2 they don't feel that we
meet. Basically the only thing that we have is that there are
no sidewalks on either side. There is developed property on i
both sides. There is a little bit of sidewalk attached to the i
bridge that goes under concrete. We do have some telephone
poles in the way. I know I don't have power to correct this
clerical error, nor does city staff. Hoppefully the city
council does and any help you can give us in doing this, we !
would appreciate.
Mrs. Russell: Did this problem become apparent when you ,
Nr started to do something with the property recently?
Mr. Edwards: Yes, after it was approved, shortly thereafter,
Mr. Hill didn't have any particular plans for the property and
then we had the recession. He has been under the impression
that he had a filed plat for the last 8 or 10 years. Another
individual that he knows that he wants to try to help got into
r
j n i. ( r _ , .r A.iM~. An4J'r it n~•J:H(t~
ivJlnt.+lbY e1.a44wa.'; eyttW ,ac„~..r F,: y,t., . s',.:.. - .
w
r.{pl
I
Y1N1
f
j
Minutes P&Z Commission Apdai(
September 28, 1994 a,e
Page ?
business is interested in purchasing the property. Our ?
understanding is that they are interested in putting a
landscape business. Basically, a maintenance shop and doing
a little bit of storage for the materials that they use. That E
Is in accordance, I believe, with the zoning on the property.
They have talked to Jackie Doyle about the buildings and
planning on doing that. Mr. Hill hao been held up for about
four or five months while we have struggled about how to
resolve this issue. That is how we have gotten to this point.
Mrs Russell: He didn't make any attempt to remedy this
because he didn*t know he had a problem?
Mr. Edwards: That is correct.
Mr. Cochrani This is another one of these odd situations that
we get ourLglvss into here. It is kind of unfortunate since
we really don't know what happened, whose fault it was, or
down the line who caused this. My feeling on the subject is
that it is the owners responsibility to make sure the plat is
filed. It is not necessarily the cityts responsibility to
point it out to them. If they allowed that deed line to go by
and the rules change at that point, then the rules have
charmed. If it were another area of the community that I
didn't feel sidewalks would be as important as they are in
this area of the community. If there was not as much pedes-
trian traffic in that area, I might feel a little different.
I feel on East Hickory Street there is a fair amount of pedes-
trian traffic and I hate to see people have to walk into the
street because of the clerical error and for that reason I
move we deny this petition for a variance.
Mrs. Schertzi I second. f
Mrs. Russells All in favor of the motion? All opposed? The
variance is denied (5-0).
i
w'J~NdpSfY~"PJYN,$s`A~FvP'r:#ybi Q:d d.c, .....:,~sr.+:, , t.... . :•:i .,•.~e;'6 dr•n";+:'jy!;
7aY 3
~ > ~ . 'FLU y
r •~1~'1.~".rTr'r~rr^r.+~^^~
'40 y
eI ]
r I r~~1'r
r `
i n <
_ - r , r . r i yam.
,i Cy. r
VV~~I yy~i~+".h~
t 13 n ~ ~Y3 ~~+F.
T 1
1
• f• ~ r f ilk ~
r ~
t
kit
1
it chEs ' I ~ ~
r ORDINANCE NO.
I
PURCHASES ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY
ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH
PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, state law and ordinance require the that tainaa contracts
requiring an expenditure or payment in amount
exceeding =15,000 be by competitive bids, except in the case of
public calamity where it becomes necessary to act at once to
appropriate money to relieve the necessity of the citizens, or to
preserve the property of the city, or it is necessary to protect
the public health or safety of the citizens of the city, equipment
of unforeseen damage to public property, machinery
and,
WHEREAS, the City Manager has recommended to the City Council
that it is necessary to purchase goods or services due to the
following emergency conditions outlined in the memorandum attached
hereto as Exhibit "A", incorporated herein by reference; NOW#
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSs
! SECTION I. That the City Council hereby determines that there
ii is a pu is calamity that makes it necessary to act at once to
appropriate money to relieve the necessity of the citizens, or to
preserve the property of the city, or to protect the public health
E of the citizens of the city, or to provide 'aor 1eason n dam fgetto
public ro rty, machinery or equipment,
p
following emergency purchases of materials, equipment, supplies or
• services, as described in the "Purchase Orders" attached hereto,
j are hereby approved
PURCHASE
ORDER NUMBER VENDOR AMOUNT
4
47824 RAIN FOR RENT $15,854.47
SECTION it. That because of such emergency, the City Manager
or deeig t~ce employee is hereby authorized to purchase the
materials, equipment, supplies or services as described in the
attached Purchase Orders and to make payment therefore in the
amounts therein stated, such emergency purchases being in
accordance with the provisions of state law exempting such
purchases by the City from the requirements of competitive bids.
ti
a .wor F
ri
' Aryet~aNo •
Aga~da~t
0 U
e
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1994.
j
1 ,
BOB CASTLEBERRY#
i MAYOR
+ 1
+ ATTESTS
`JENNIFER WALTERSO CITY SECRETARY
q> BYE
,
APPROVBD AS TO LEGAL FORMS h .
DEBRA A. DRAYOVITCH, CITY ATTORNEY `
'.l r°tBYt
.
• r
r "
jr.
1
1
r r
:1
I
AbondaHo q
Aacnda~tep5~J
DATE: S 27 IM ~.f~.Qf/
CITY COUNCIL REPORT
' f
TO: Mayor and Members of the City Council j
FROM: Lloyd V. Harrell, City Manager
SUBJECT: PURCHASE ORDER # 47824 - RAIN FOR RENT
RECU141iENDATIONr We recommend Emergency Purchase Order #47824 to Rain for
et~nt a approve n the amount of $15, 854.47.
i
SUNKARY1 This purchase order is for temporary pumping facilities, pipe and
tt~requirerl for an emergency project at the Wastewater Treatment Plant.
Council approved the purchase of a 38" plug valve on September 20, 1994 and this
purchase order is for rental of the materials to install a temporary bypass utilizing,
4, 12" lines while the new valve is being inserted.
Purchase Order #47824 to Rain for Rent is to accomplish Section B of the attached
memorandum from Glenn Gary, Engineering Associate)
Emergency purchase for items when sufficient time for the bid process is not
acceptable are exempt from the bid process as per Texas Local Code Chapter 252,
BACKGROUND: Purchase Order 047824 to Rain for Rent, Memorandum from Glen
Gary, otat on from Rain for Rentl
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Wastewater Treatment
a ty,
FISCAL IWACTt Funds for this purchase are available in the 1993-94 budget line
account -1~ 0471.9138 Capital Improvements Wastewater Treatment Facility.
es ully s teed:
Llo arre
City Manager
i
Approved:
ame: Tom .Saw, C.P.
Title: Purchasing Agent
f H, rsl
1 ~ ■
i
PURCHASE ORDER NM 41824 THIS IS ORDER %XX E
CONFIRMING O
TMs number must appear on am
wwoiees, delivery slips, cases, Q SIF MARKE01
stns, t+oan, pack" Nips and bills. DO NOT DUPLICATE
Rsq No: d Nc~ Dais, 09 20 94 Page No. 01 01 Q do 031-.
'r,4gnQdNo CITY OF DENTON TEXAS
A~ 4S PURCHASING DIVISION / 901-8 TEXAS STREE1t I DENTON, TEXAS 76201-4354
8171383-7100 DlFW METRO 8171267-0042 FAX 8171382-4692
VENDOR ✓
NAME/ /506 B BRITTMORE RD. DELIVERY CONFIRMATION ONLY C50
' ADDRESS P.C. BOX 19021 ADDRESS W/WW ENGINEERING J
HOUSTON TX 77224 901-8 TEXAS STREET
DENTON, TEXAS 76201
JIMMY STEWART
VENE#R NO. RAI46S00 DELIVERY "TED 10 03 94 FOB DESTINATION BUYER TS TERMS
f
001 3.00 BA VENDOR CAT. I N / A KFO NAME 1,742.000 5,226.00
i
CITY {.96869
129 DPC 300 GODWIN DRY PRIME PUMPS
002 54.00 BA VENDOR CAT. I N / A MFG NAME 41.860 2,261.52
CITY i 96669
12• X 30' JOINTS VICTAULIC PIPE
b63 3.Otl E1► VENDOR CAT.'i N / A MPG MANE 38.610 135 83
CITY 6 96869
12" X 20' JOINTS VICTAULIC PIPE
OC4 6.00 BA VENDOR CAT. f N / A MPG MAKE 27.310 163.98
CITY P 96869
I2"-X 10' JOINTS VICTAULIC PIPE is
P GE TOTAL 't 7,767.73
{
..~.1.7 11. Tormt - Not 36
y" 4riA iC11f f~fM; f Sbippily inllrootions; f.0.a OesGnation prepihd u..,..+.,va .yKd.dl
1e S. No (edersf of two ales us A1d1 to included c ,nq ws on j
IIS R WKy~y SR in prko$ billed
GNif' fk TilOt?It!>~.„ PURCHASING
1
s
PURCHASE ORDER NO: 47824 THIS IS A X88.
TNs rwmber must appear oo all CONFIRMING ORDER
ok delivery slops, cases, (IF MARKED) y+ J
c s, sa. packing slops and bills, Q DO NOT DUPLICATE
Rey a Bid Na Date. 09 20 94 Page No. 02
CITY OF DENTON TEXAS
PURCHASING DIVISION l 901-8 TEXAS STREP / DWOni TEXAS 76201-4354
617/383-7100 DOW %%TRO 8171267-0042 FAX 8171382-4692
VENDOR I FOR RENT
NAME/ 0 B BRITTKORE RD. DELMq( CONFIRMATION ONLY 650
ADORE BOX 19027 ADDRSS W/WW ENGINEERING
TOM TX 77224 901-B TEXAS STREET
DENTONr TEXAS 76201
JIKKY STEWART
VENDOR N0. RAI48500 OELIVERY OUOTED 10 03 94 FOB DESTINATION BUYER TS TERMS
1 N3 Y r a 'l,
W. 4
005 9.00 SA VENDOR CAT. 1 N / A MFG WAKE 37.190 334.71
CITY 1 96869
12" X 45 DEORES ELBOWS VICTAULIC
DO$ 21.00 SA VENDOR CAT. B N / A MFG NAME 37.190 780.99
f CITY 1 96869 99
12 X 90 DEGREE ELBOWS VICTAULIC i,
1.
007 6.00 EA VENDOR CAT. 1 N / A MPG DAME 24.560 14X36
CITY 1 96869
r 12• X 65' VICTAULIC JOINTS
E~ 0,00 15.00 BA VENDOR CAT. 1 M / A MFG MAKE 21.680 325.20
CITY 1 96869 I
120 X 5' VICTAULIC JOINTS
? D8 16 TAI;It 1,588:26
r
.t'
F
Terms Net ID W.n q.rnd) '
1 E►11J~0A
I. kill k4" K*t widt What, co" ' 4. ShWin4 instructions: CO.& Dotfl aiion prop d a.,,,, .,o...,o aou&di f
1 NN to Actbaa pft*w, 6. Ne federal or slate sales us aluii Ye Induud I
=1■ 1 k In prices billed. c utg ns,on f
,~a
a:A"mw f
res
✓Lwrti
THIS IS A Xxx
P C ASE ORDER NO: 41824 CONFIRMING ORDER
must appear on all (IF MARKED)
rn k delivery slips, uses, Q DO NOT DUPLICATE
xa poclirg slips and bills.
Date.. 09 20 94 page No, 03
Req h Shp &d Not 1' 1 owl
CITY OF DENTON TEXAS
TEXAS PURCHASING DIVISION 1901-8 TEXAS STREET J OENTFA 817J 70201-4351
10 - 8171383-7100 D" METRO 8171287-0042 fAX 8171382-4892. ,
YEIAOR . I FOR RENT DELIVERY CONFIRMATION ONLY C50
J A. 8 BRI,TTHORE RD. ADDRESS W/WW ENGINEERING
ADOf1ESSO BOX 19027 901-B TEXAS STREET
HOUSTON TX 71224 DENTONe TEXAS 76201
JIMMY STEWART
VrtW NO. RA148500 DELIVERY QWTED 10 03 94 FOB DESTINATION BUYER TS TERMS
aU OEM INN -
62.710 198.13
009 3.00 EA VENDOR CAR. 1 N / A MFG NAME
CITY 4 96869
12" VICTAULIC AIR VENT ASSY Y/AIR VENT
I ;
1010 3.00 EA VENDOR CAT. 4 N / A MFG NAME 29.000 87.00
,
CITY 1 96869
12' SUCTION SCREENS
MFG NAME 8.390 IrO48.15
011 125.00 EA VENDOR CAT. 1 N / A }
CITY 0 96869
12" VICTAULIC COUPLINGS
1,600.000 7,000.00
i 912 ' 2.00 BA YBNDOR CAT. 1 N / A NFO NAME
CITY 1 96869
FREIGHT YZIGHRLINERS MOB/DEMOB
~r P 0E TOTAL d 4023.88
tar'
i
I Yf1~Y 111 11YYII~Fre •••--r••«?-•• I Term) Not 10 We.n .Nn.~u w•~~ll
1, Slid kfp61d fI10+ke M d. Snipping 6+svuc6ans: FA & Oeslino6oa prepaid Iu,w,..v,w.,-. ,p..&.u
L M Accwdt hyaWe L No federal or sws sales us %W M included c ring rH+on
ttiS,,G11dG in prices tilled
' , dailoti YN 7 t tilt, ~ PURCHASING ,
Mv:.rj
i
r
i
PURCHASE ORDER NO: 47824 THIS IS A RRX
This nurbor nwit spPesr on An CONFIRMING ORDER
~kHbp Q Ili MARK Il
,Yvti sj," payekin;) Ikps slips sr wd bills. DO NOT DUPLICATE
MCATE
Oslo: 09 20 94 Page No. 04
Bid Not
R M ~vO
CITY 90ot B Ens STTMEf T~rxrtoAiaSEXAS 76201-4354
' v 1 r "CHASING DIVISION
817/383-7100 D/FW METRO 817!287-0042 FAX 81 X1382-4692
IN FOR RENT
506 B BRITTMORE RD.- DELIVERY CONFIRMATION ONLY C50
.O. BOX 19027 ADDRESS N/YV ENGINEERING
21OUSTON TX 77224 901-8 TEXAS STREET
DENTOM, TEXAS 76201
JIMMY'STEWART
VENDDR NO. RA148500 DELIVERY QUOTED 10 03 94 f08 DESTINATION BUYER TB TERMS
013 2.00 7HR VENDOR CAT. P N / A MFG NAME 687.500 1,375.00
CITY 1 96869
PIPE TRAILERS - NOB/DEMOB
014 16.00 VENDOR CAT. 4 N / A NFO NAME 45.000 720.00
CITY 11 96869
SUPERVISOR FOR ASSEMBLY
015 1.00 DA VENDOR CAT. 4 N / A MFG NAME 80.000 90.00
CITY 1 96869
PER DIEM CHARGE OVERNIGHT SUPERVISOR
af_r ` THIS I9 AN EMERGENCY PURCHASE ORDER$ PUMP AND PIPE. I`
ARE TO 9E DELIVERED MONDAY, OCTOER 3, 1994.
•ry;
POE TOTAL' i .2,173.00
OR ND TOTAL•t 15,654.47
626 082 6471 9138 15,854.47 ;T.
e :tih
1~~~1,~~Mr r~' _-~•Y~ 1 Tams - NH 30 kjd.u .Mi~u 4uRHl1
L *01 041101 t". 4. Shipoft itimc1iont F.01, Dotiration rtp d lu.ln.. ,Mw~., N.e-M1A
Ns 1141fd N It111 $do t1■ sw he kulwed 0 ~ i 1 '•V
II< { E MkR j4 In prices lines I
PURCHASING
y.
r
Ak:Oldaivo -O
a
u.7 V
I
CITY or DENTON MIMCIPAL YTI'ILTTMS/soi-A Texas Street/Dent
t
M MORMDUM
TO: Tom Shaw,'Purchasing Agent
FROM: Glenn A. Gary, Engineering Associate
DATt: September 12, 1994
CUBJECT: WASTEWATER TREATMENT PLANT EMERGENCY PURCHASES
On Thursday, August 22, 1994, 1 was called out to the Wastewater Plant to
look at the pump discharge header on the main raw sewage pump station. The
discharge header has moved and the pipe riser for pump No. 9 Is leaking about
16 gallons per minute. The pipe riser section on pump No. 8 is also starting to
leak. It appears that during the new construction of the plant the total dynamic
head was changed on the forcemain. The change in head has caused the check
valves, which are non-cushioned swing checks, to slam when pumps turn on
and off. The slamming Is so violent that It shakes the entire lift station, pulling
the discharge header apart. With this type of force being applied to the header,
failure is Imminent.
f If the discharge header breaks then the entire plant will be shutdown. Raw
sewage will discharge to the creek until the unit can be repaired, which could
result in fines from the EPA and TNRCC. There is an auxiliary pump station but
it shares the some forcemain as the main pump station. Also, there are no
isolation valves for the main pump station. Therefore, if the main pump station
Is shutdown, the auxiliary station must be shut down. To fix this problem, the
project Is divided Into two phases. The first phase Is to add an isolation valve
to the main station so that the main discharge header can be worked on while
3 using the auxiliary station to run the plant. The second phase Is to solve the
slamming problem and to realign the pump header.
i
i
.At/ I
1 . "J
~ertdaNo 9
Page 2 AgunOal!s
raga o - q
Phase I must be done Immediately or the City risks the entire Wastewater
Treatment Plant being out of service. Phase I consists of the following:
1. Purchase of 36" Plug Valve. I called the following manufacturers
to get quotes on:
0. 36" Plug Valve
Pratt does not make 36" Plug Valve
Clow does not make 36" Plug Valves.
M&H does not make 36' Plug Valves.
Dezurik - {El=i - 61908 - 10-12 weeks delivery. {
Keystone (Municipal Valve) - 817,600 2 weeks delivery.
j The Keystone valve was the lowest quote and the best
delivery time and Is on order.
b. Bypass pump around the main pump ation. The only way
to cut in an Isolation valve Is to take the main station off line
and use portable pumps with 4-12 parallel pipelines from
I the main wet well to the grit structures, I have contacted
Rain for Rent, a company that specializes In portable
pumping. The estimated cost to bypass pump the plant is
618,000. 1 will be receiving a firm quote soon.
c.lanaes butt straps and welding. The forcemain that the
valve is to be inserted Into is reinforced concrete steel.
cylinder pipe made by Gifford Hill. Gifford kill will provide
flanges, butt straps and weld the valve In. The original
estimate for this Is 62,880. 1 am still wafting for a quote i
from Gifford Hill,
Labor other than welding will be handled by in-house forces.
If you have any questions please contact me at extension 7191.
s
2G0008.wp
i
"Mi
4
/RRK R►R•RRI/ NOYliRK iR. f. f.{fff Hil3 l "
. I
" Rain A~gFl0
for Ags~ 11
%W. p-
Renent ~;a 13
No 1606 8 BR17W0RK RU. • N.1), tIOX 19027 ' Ii6U3TON• 7X 722i a'
1713) 937.67Y9 • FAX (715) 896.1444
{
~ept.e~es 1994
I
3 utilities
1i1a1!
City Of bsmtom M1 .
water/YPSte Water h*Laaasi.i j
0014 lamas It,
bimtoa► U.' 7#301
AttPl OLea Oar?
06
r /at Quota
•
1
11r. Carl.
row COJLOV14 in the it"Asod gaat• lea setwsaa for ttia pugind
equirm at namt.d at Your waste water treatment plaint, no quoted itaae
Will ptsv146 tLa rAPIM CspaeitY needed Vt 13 1100. The rental tsar"
IS Nat em a eae wsl{ natal. A sopet*ioer ea t• ff"i/el for
atlistanta on instellatlon and start-tip Oa our aquipsant. 2w rate 01
the supervisor is iseluded Is tha quotation,
!halt You for the opportunity and we look tor•ard to vottimt with
Yom.
i
tarar!
, t 1VpsaA/ftln 1
t
I taeL 1
l
'kttnli Pipe, Punlps, 8prinklers.Valves and Fittings
J RENTAL - SALES - SERVICE
i
W.sa...wrR~.:aarr,wr n..n.+...•-~.. _....,ew.. _,..:,t.:.e..~..,~_
i
c.-
L
ywr ■
k FROM R/R-SR11 MOU310" f11. 3. S.llt♦ 11133 1• = I
QUOTATION SHEET FOR SALE v►~n*tN I AL 4 s
Ageo~afta
I a tofwnrrr COGATxkJ, N01 STe 3
D SAC ".NW ROM 105152
WA am
",I L Nm POP 418
sx>«eA
_ Vatss/yasts Tratae TUtI"serte~ } Oeswsc
no --Aw"I yc.t f01.ASssae 5 wi
OTHtR THAN-
of i!."eee 4 !6ln3 ONREVIRff
THIS IS OT AN INVOICE
~pp DESCRIPTION 1EICE Im TOTAL
QUANTITY MRTNJNd3
M
. 1 ftl•r.lt ~ et
°L
54
M 1
Z21111 2400
~ "SS * n uli 11 -.-UL. Ju
y 2"ai ' sl s e in 3 314 - _u
i
6
I 12"s90. 1l1 e ~ f
36 MT 147 36
6 l2"s15' oiots •iec olio 2 .68 1R )n O
~S 12"w5' olnte uttta lie 33
12" Ytetaulie Ais vast Assasfit r1Aic t 6 71 !
3 11" 6uctioo struts 2 00 11. 90
125 12" vtetaulia Camop"bas .39 1ia41. JS
t i
nnna . i!
A at
e _
W3TALLATfON AND RElA0VA1 C1IARO6
DI our CHARP0-
~iara MAWUIL prase a m ror3 uo eaanora ON T14 ftv" MIT of M Tout
KC S SuBacT to cHANOE WITH~O~U1 NOTICS.
C~Vvafta WS OR U54 TAx
'WRI
p ,~pt`M!+ f~M~S~nMi ht a1.3 n 1110,10 ` wt~it= L+ hit =0X
1 101 THIS IS NOT AN IN1►OICi•DO NOT PAY
r ~ri1p rq uri fog 1eM, n
Purr YtAt RnlTU
ALLOWANCE IS
X a .w.. a~ - A"VN R ^ Of MTAtPAO
i
/yRMfUTAN. IIral
MKrAXCtO ~UtTOµfR qlf
{
cMr
L
t
room }IR•Lf 1, NOU,IOM if.
QUOTATION SHEET FOR SALE OR RENTAL AQBA qLl, S
3N8
e)4 COIAPANYLOCAt10N ,~1 n,~.eee_Ngo, ate
10- Cm
Salt p iteW.Al MOM
Cl CM
1101
YL10"'tL fa[ita ,r '
caws ON kevu J--
law pr NOT N IN OICE
,,.ccnow THIS I5 TOTAL
PAW r~au v1„
s- ~p OESCRI1410l1
OUANTlTT r~Lhfs+n
(to led
as[,idhc stay it tequlnd 1a0.Ob/dsy Sao
leraa
for sY1,n.eot of egoil+ssos !
ya VAt 1t
t to a
All laie for last ra,+s
Lost Wits,
s ~ loei t99if
k •
1
i 1`151AllATlOr4 Aldo iCMd~
DCll~fRYCH►A6i 15,04
1 T
Rt fh71k 4L or yA
tic tiu•t u.e LOWIAMr- S ON
~y t nstro Kum "W » MIS OR USt rawl
4PfRSICRS SUIJECi ttj GRANGE W11MOOt NOTKR• K TM Tor'
11,r w K AI tort M tHus nwo '0404 T1iIS4 NOT AN {rryO1Ct•DO NOT PAY
go. 4 w1 Mt ca+LTrtu1t ns,M!! war {S
MINE
root yw RudA
i y or A04TAL fAlQ
X
i raw~L~,~w 11,ffYtCrt!1fL.t '
i - SAKLKtdMlOCW
L
3 i
i
f!low
P ,
►ROM Rio-IRIY HOUSTON TNr 9. 9.1999 19154 P. 4
r
• QUOTATION SHEET FOR SALE OR RENTAL
aN. ass
COMPAWL0CATION ••"•••""lU Wr"ntvtettw~&Qw~Y ND x
~ 'til ~ 1F
p SAW REWAL "Oµ
- Ndt- m EM rev /i ~Q !r1
ILI?llgx NO
Qt6TOwlR UATUNASTTf VAM WIME MY0
ADOOU 901-A Tn" AT-
140 TNAN
fun p!>KlOM, Ti. 16101 O~T ON RlVINSK
' zv
i
YMIS IS NOT AN INVOICE
v~0It0 D2 1 C R I P T I O N um PRICE v+t r TOTAL
GUANTITY P~RiNOxW
p -
E
j
i
.
4 SA116 TERNS 01",
iI -
NSTALtAWN AND REMOVAL CHARGE _
DmRY MAGE _ I
VA TOTAL
OF
T1 i0~ IU mt TO :N6 Terms 04 cocffxr49 ON IM Rhe9le IN
tRltl3 iUMRel TO CHANGE WITHOUT 010110. SAIESORUSE TAX
IRpRgOho CvIT" Aolm9 "W NI NCI 119W Ire raus uO to d00r4 ON TOTAL
"Te~ ocok Im pot* uo mi U4t c"wl 1r+ae ~ +T KrwflN "t THIS IS NOT AN INVOICE-00 NOT P. AY
a~pleD 009}AN F3i KM, M
y nuT vrr+R RErlTAI
- AtIOrNANCEIS
OATS ^t orkilv4p PAW%
t
1 ~ r
n a51
R y "I 7. C t
Ilk
' J r'♦' 155pp5°~ ' ~i3~'°na' F' '<I~M~~l',>~s~~
ell!
r~ r,IrP!'f~'t ,1 INe itg'+' t) ~'9 f 7cr' r,}k ic,
A e
yt ,5 'C' ~ ~ rTr Il• tl ~]4raf`v
TV < t l✓ ) 5 j
1
V I
d 'Fry . . r,Y15.~SC ~ 4'..
ai 1 +
F A
It,
,f I ~f s ~y f
sg
1 J • ~.l I p^f~ i
r ~ - 4♦tI
it
~ I
vftmo
DATE:Dstober 4, 1994
CITY COUNCIL REPORT FORMAT
i
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJ: A proval of an ordinance setting guidelines for operation of
thhe City of Denton0s Homeowner Rehabilitation Program.
Eligibility criteria as set forth in the program guidelines
for the purpose of authorizing expenditures in excess of
$15,000 for projects meeting guidelines and criteria.
e
s
f Community Development staff recommends approval of this
ordinance.
gmgy:
Approval of this ordinance adopts the Homeowner Rehabilita-
t on Program guidelines (provided Council under separate j
cover) and authorizes contractor payments exceeding $15,000.
This program allows for rehabilitation of a structure at a
maximum cost of up to 75 percent of the post rehab appraised
value. City Council will not be required to approve
individual projects or project expenditures. This action
will allow this program to function as it has in the past.
City of Denton ordinance 93-182, Item 10.301 Section B,
states that any project or purchase that exceeds $15,000
must be approved by City Council to comply with State
statutes. The maximum expenditure for a rehabilitation
project will exceed this $15,000 limit.
The Community Development Homeowner Rehabilitation Program
Guidelines sat forth eligibility criteria for expending
Federal and State Grant funds to rehabilitate a
project.
These guidelines adhere to the rules and regulations as set
forth by the U. S. Department of Housing and Urban Develop-
ment (HUD) regarding project cost limitations and eligible
income ranges. Criteria for monitoring and approving
applicants and project expenditures are defined in this
program's guidelines.
i Monitoring visits by both HUD and the Texas Department of
Housing and Community Affairs (TDHCA) are made on an annual
basis to ensure that Federal and State regulations are
I adhered to.
Contracts are between the homeowner and the contractor.
a~
i
1
~anQaNo~9 a-033
r
ag~t~latte
Report Format
October 4, 1994
Page 2 ZM b /
Payments to the general contractor are made following a
request by the contractor based on approval by the pro art
owner, Community Development Inspector and the Community
Development Administrator. Final payments on all projects
are also contingent on &pproval by the City's plumbing and
electrical inspectors.
Community Development staff estimates 12 to 15 rehabilita-
tion projects will be completed during the 1994-95 budget j
year. Most projects
will .
exceed For ease of administering these programs, it is recommended
by the Cityts Community Development staff that the program
guidelines and expenditure limits be approved by City
Council once annually rather. than requesting approval of
expenditures for each individual project. Approval of this
ordinance will be requested on an annual basis to be in
compliance with State statutes,
PRQ4BAI18. DEPAA ss s~rg OA s7AO0P9 *PEd'PEbr
The Community Development staff will administer this program
in compliance with Federal and state regulations.
UNCAL I ICT,
N\A
Res fully submitteds i
t
to d V, Harrell
City Manager
a
Prepared bye
Nancy
CoMmuni Y Development Office
s Approvedt
rank ob ins, A CP
Executive Director for Planning i Development
.yam
F9 F
R~~~ E:IWD0Cf \0~101M0IIE0YM.0
AgendaNo
Apidal S
ORDINANCE NO. 'a
! AN ORDINANCE. OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVING GUIDELINES FOR OPERATION OF THE CITY OF DENTON HOMEOWNER
REHABILITATION PROGRAM AND ELIGIBILITY CRITERIAt AUTHORIZING EXPEN-
DITURES IN EXCESS OF $15,000 FOR PROJECTS MEETING PROGRAM GUIDE-
LIKES AND CRITERIA; ANI1 PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton recognises the
need to assivt low and moderate incore families in securing safe,
sanitary and decent housing: and
r WHEREAS, the City of Denton participates in a Homeowner i
Rehabilitation Program administered by the City of Denton Community
E Developm4.,3; Office and funded through a federal grant from the
Department of Hcusin4 and Urban D velopment; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS;
SECTION I. That it approves the Homeowner Rehabilitation
Program Guidelines and Homeowner Rehabilitation Program Eligibility
Criteria which is attached to this ordinanc6 as Exhibit "A" and
authorizes the City of Denton Community Development Office to
administer this program.
SECTION rr, That it authorizes th* expenditure of Funds in
excess of $15,000 by the Community Development office for projects
meeting program guidelines and criteria.
SECTION III. That this ordinance shall become effective immed-
lately upon its passage.
PASSED AND APPROVED this the day of 1994.
BOB CASTLEBERRYj MAYOR
I
}
ATTEST;
JENNIFER WALTERS, CITY SECRETARY
BYt
APPROVED AS TO LEGAL FORM;
DEBRA A. DRAYOVITCH, CITY ATTORNEY
e.r.say
i
AgAadaNo-
EXHIBIT "A" Aqe~WA
gate a:- -94
r
a
e
jA ) 1
f
CITY OF DENTON
"
HOMEOWNER REl"ILITATION
i
~ I
r 1 ~ F.
4 PROGRAM t
J V'
r
Is
GUIDELINES
j,
j
n
t
E 1
~t
.ew
r
i {
' rtdaNo k
AQ°,7i3~~g t'~ n
TABLE OF CONTENTS
{
INTRODQCTIOp
f
DUCRIPTION OF noun noemo am
I ELIGIBILITY xetrratnrteiTa
a 1 II A_oPL•ICATION PRO` ~ar►:-
{ III FEA9IBII TTY OF Etii.arr.~Ta_Trn►r
IV S~Z['lBACTOR'EELECTION AND MONITORING
V PAYMENT 'f0 CONTRnCTOg
VI - -
i
VII DESCRIPTION' OF PIN NCIAt. ASSisTANCE fle.,..nMg
VIII Am4$AIS PROVISION
y
j Own" Tun AND CONDITIONS
MINX= R=NASILITATION STANDARDS
APPRNDICU
f` t 1. Carrying Out Energy-Savin Requirements for Single-Easily ;
2. Section 8 Existing Housinq/Progras {
3. QOALIIYINO INCOME MITI AND RANOSS FOR THE CITY OF
DNNTON~S Fsomm LY AAAI/T1ID PROGRAM
STANDARDa OF WORR'NAN/NIP Q3XXRAL SPECIFICATIONS - 160
,I
r
r
F's K y
i
~4snGaNo A y- 3
INTRODUCTION,. - y y
6 y
The City of Denton Homeowner Rehabilitation Program is designed to
assist low and moderate income families in securing safe, sanitary
and decent housing. This program's objective is to rehabilitate
single family owner occupied houses by making needed repairs with
the first priority being to correct code violations.
The Homeowner Rehabilitation Program is administered by the City of
Denton's Community Development office and funded through a federal
grant from the Department of Housing and Urban Development. The
community.Developzont Office is located at 100 West Oak Street,
Suite 208, Denton, Texas 76201 - or call (817) 383-7726. 1.
The following pages contain a detailed description of the program
including policies and procedures. The purpose of these guidelines
" to to explain to potential clients and the citizens of Denton, the j
y Homeowner Rehabilitation Program and types of assistance available.
For further information or clarification of the guidelines, contact
the Community Development Office at (817) 383-7726.
y
V7
p
i ]qJ
x r7 .
y
.
,ra F
AQsndaMo 4 ~~3
' ; aA3~alt
i
i
r
a - n2scarrrrox op rA
oa>fwc 00 tmss
t.
3 7,
i
,
r
1 ~
v
1
n.
M~.~ ^'14 f ` . '
r «u
A,v~ddNO W*3
Agcatale
DISCRIPTION OF PROGRAM PROCSDVR=a ;
CGn Q
8466 n
I.
A. To be eligible for rehabilitation assistance, the applicant must
be a citizen of the united States or a legal resident alien. The
applicant must be the owner-occupant of a single family dwelling
unit for no less that two years and should hold roe Simple Title
to the property. In the event the home is being purchased under
a contract for deed, the seller must provide the purchaser with a
! warranty deed on the property before loan settlement occurs. only
homeowners who qualify on the basis of the most current BUD
~t Section a Mousing Program Incase Limits shall be eligible for
assistance. The following table shall be used to establish an
applicant's eligibility based on gross annual family income and
f' family siasi
BUBlIR IN BO9SIH= MAXIMUM INC=
r , 2 62902 0
3 $32,900
4 $360SSO
6 $420400
7 $45030
8 or more $480250
S. The applicant's statement of income shall be verified by contact-
ing the applicant's employer and/or obtaining a copy of the
applicant's latest income tax return. Annual income includes
earnings (wages, pensions, sto.) Spouse's earnings, interest from f
t stocks, bonds, savings accounts, income from real estate, public
assistance, child support payments, *to. Also included is any
amount earned by any other adults (16 or over) currently residing
in the unit, unless residence in the unit is a result of a
physical disability.
C. Applicants must exhibit the ability to pay monthly housing
expenses including mortgage payments, property taxes, monthly housing
' utility bills, ato. All property taxes assessed by the various
taxing agenoiea in Denton County must be paid. in full. 8omeown
ors0 on an annual basis, will be required to provide proof of
~
insurance coverage and payment of taxes when requested to writing
by the Community Development office.
D. The Community Development Office reserves the right to limit
project costs for any property that has boon rehabilitated in the
.
1 past with federal or State grant funds. These limitations will be
follows$
1. A property that has been previously rehabilitated at a maximum
cost that was below $110000 may be considered for additional
rehabilitation oovan years from the date of the previous
rehabilitation. those proportion will be eligible for project
funds of up to 80 percent of the current maximum limit
allowable for the Major Rehabilitation category.
2. A property that has been previously rehabilitated at a maximum
cost between $110000 and $17,000 may be considered for
Y
Program Proceduras - Page i
I j
r:endaNo y
additional rehabilitation sight years trp~ the date of the on
previous rehabilitation. These propsrl
for project funds of up to 70 percent of the current maximum 4 Cow 0
limit allowable, for the Major Rehabilitation category. 4
3. A property that has been previously rehabilitated at a maximum
cost between $17,001 and $200000 may be considered for
additional rehabilitation ten years from the data of the i
previous rehabilitation. These properties will be eligible 1
for project funds of up to 60 percent of the current maximum
licit allowable for the Major Rehabilitation category.
A property that has been previously rehabilitated at a maximum
cost at or over $20,001 may be considered for additional
rehabilitation fifteen years from the date of the previous
rehabilitation. Those properties will be eligible for project
imam limit
funds of or to 50
the Me or Pehabilitation current category.
allowable f
.~J tie
A. Any persons wishing to apppply for housing rehabilitation assistance
must compute the appliestLon and all other required forms
included in the application packet. All information on the
completed applications will be verified by the Community Develop-
mant staff. If any information is found to have been intention-
ally falsified, the application will be rejected and the applicant
will not be allowed to reapply.
a. It it is determined that the applicant is eligible for the
program, a preliminary inspection will be made of the dwelling
unit. The dwelling unit must meet certain standards to be
considered rehabable. These standards are listed bolowi
to It the unit is situated in the designated flood-plain area,
moms cost limitation may apply.
2. The unit must be classified as a single family owner-occupied
structure and be within the city limits of Denton.
3. The unit must be in an existing condition that would permit 4
' rehabilitation to bring the structure to meet section s
Housinngq Quality standards. The first priority item in
rehabilitation beyond section s standards will be to comet
code dofLeLsneLes. (see Appendix 2)
The unit must be serviced by a City approved water supply,
sanitary sewer and electrical system.
S. The foundation of the structure must be in a stable condition
which would permit lasting rehabilitation efforts.
C. In taus of both rehabilitation or replacement dwelling, no
reconstruction will net fewer bedrooms than the number of bedrooms
a family has before rehabilitation/reconstruction. Room additions
and improvements to rolievo serious overcrowding may be eligible
only with the approval of the Community Development Administrator.
In neral the City will follow the standards consistent with the
applicable Housing Quality standards described at 24C!R
as=.209(b)(2) when considering the number of bedrooms needed to
avoid overcrowdinge
I
Program Procedures - page 2
osew
WWI
~~BA~.3I~D A - 3
! Of n. Oant■ In Household A S It S 9
' 2
loom
3 3
6 !
r ` 6
conerallyr these standards allow for two s
per bedroom. persons of the same sex
D• All applicants who meet the minimum eligibility standards A"
whose houses qualify as rehabable, will receive assistance in date
order that they orlginaly applied for assistance.
So Individuals applying r
will be ranked
r according sting quids. Rankings are for office ue and do notlafflectt
an applicant's assistance.
REHABILITATION GRANT
RLIGIBILITY STUDAR. FLICATION
f. rneomei
j 1) Below maximum income level . . . . . . . . . . . . .
S
2) Lesu than 75% of maximum income level 10
3} Below MULrur Income level and 30% of
monthly income expanded on housing 10
3. 1
6) Less than 731 of swcieum income level
and 30% or more of income ex
nded
on
housing
Risk Analysis*
1) Does the properly owner exhibit the
ability to pay monthly housing expenses 20
TOTAL ,
66
Grant applicants must have a minimum of twenty fiw be tanked for possible assistance. The app
(2S) P91nta to '
the minimum income levels (S licant rust be below
to spay monthlyy hcusl points) mad rust exhibit the abilit
decisions on tha applicant's eligibility i for)assistanc r will asyy
determined by the Community Devel
be
f ten (10} poiints will be subtracted Lro la~i application total of
of any
{
Feedderaluat slate proge avlously had a rehabilitation under any
A. A decision as to whether the pro can
minirum program standards rill bparty i rade lollewIrq Ia idettailed
Impaction o! the property by Community Development Program staff.
This inspection includes oomplating a list o! dellclenoles which Corrected y must
cr, ~
w WD codas andlCity of Denton~coddes as definedi in othe emplien
Prograin Procedures - Page 3
I
wY
~'~~^arJaN4
j Building Cods, 1991. 5ho owner will be advises'
f code violations or other hazards exist.
8. reasibility of rehabilitating structures under established program '
limits will be determined by an assessment of the following
criteriai
The estimated costs needed to correct all code violations and to
correct all deficiencies in order to bring a structure into
compliance with HOD codes and city rehabilitation standards must
fell below program limits and, the estimated cost to rehabilitate
shall not exceed 75 percent of the total estimated after rehabili-
tatLon appraised value of a structure. i
Structures not meeting the above criteria are ineligible for the
Homeowner Rehabilitation Program. The homeowner will be notified
that their property is not feasible ter rehabilitation and that
they are eligible to apply for Optional Reconstruction Program.
Assistance will be based on funds available through this program.
IV
All housing rehabilitation recipients are responsible for finding a
contractor who will develop a proposal to oaks the necessary repairs to
their home. Your contractor's proposal must be submitted to the
Community Development office within thirty (10} days from the date you
receive the work order write-up prepared by the Community Development
j Housing Inspector.
ii Contact any reputable and experienced contractor and request a bid for
the required work.
Ir YOU HAVZ ANY TROOBLB rINDINO A CONTRACTOR, contact any of the
following places for assietaacei
• Your local Better Business Bureau.
• Any friends or neighbors who have had remodeling done to their
properties.
{ • Chamber of Commerce
i. • Community Development Contractor's List
When a contractor comes to look at your home you ahouldi
t • Show his/her the mandatory work items that have been identified by
the community Development Housing Inspector.
• Advise him her that the bid proposal must be returned to you or
the Community Development office for submission to the
rehabilita- tion program on or before the due date.
rhv~s.
DO NOT BION AO RHENT WITH TER CONTRA
Bring the contractor's bid proposal to the Comunity Development office
at 100 Writ Oak Street, suite 206 where you made your original
application. The Community Development Housing Rehabilitation Inspector
or Housing Rehabilitation Specialist will review the proposal to verify
than
1. The contractor is licensed, insured and has Worker's compensation.
Program Procedures - Page 4
i
^r.'I M
l.ln
2. All required improvements have been included, Irk, the bid.
1 7
i S. The proposed work is in conformance with the program's GeneralIZ4 66
i Specifications. j
4. All proposed rehabilitation costs are reasonable. °
5. The contractor you have chosen has not been disqualified ids
barred) by any local, state or federal government agency.
The bid proposals that are submitted by the homeowner will be reviewed
by the Community Development Housing Rehabilitation Inspector to
determine if the total bid price is reasonable and under the maximum
allowable amount. THZ CITY Of DENTON AND TH! HOMEOWNER RESERVS THS
I RIGHT TO REJECT ANY AND ALL BIDS.
If the bid proposal selected by the homeowner is approved by the
Community Development Administrator, than the Community Development
staff shall proceed with the review of all other forms submitted by the
contractor. Any contractor whose name appears on the most current HO
or city of Denton Debarred Contractor's List will not be eligible to
participate in this program. References will be checked and clala.j of
substandard workmanship will be cause to declare a contractor lnaligi-
ble. The contractor must also submit all required proof of insurance
forms and bonds (if applicable). failure to submit these will result
_ in rejection of the bid proposal.
once the contractor has been selected and approved, a contract agrescent
must be signed. Before the contractor can start work, the homeowner
must Levu* a notice to proceed.
} The contractor's work will be monitored by the homeowner, the Community
Dtvslopmant staff and the City of Denton building code inspector. If
the homeowner considers any work done by the contractor to be uneatie-
factory or incomplete, the homeowner should advise the contractor of the
discrepancy and ask that it be corrected. In the event a dispute exists
between the homeowner and the contractor with respect to the rehabLlLta-
tion work, the City shall take appropriate action in accordance with tye
provisions of the coastructLon contract to assure that the owner is
satisfied before -eking any payment to the contractor. In the event a
dispute cannot be resolved, tM Director of PlannLrq and Development
shall consider all pertinent facts and shall decide an appropriate
course of action to resolve the dispute.
Accoptnoil of rk
1. final Inspection - In order for the contractor to close out a
rehabilitation Sob, a final inspection shall be made by the City
of Denton building code Inspector, the Community Development
staff, and the homeowner. If the final inspection results in no
additional work or no specified corrections, the homeowner shall
sign the contractor's release form which states that all work has
been completed to their (homeowner's) satisfaction. The building
code inspector shall sign a 11naL Inspection form to confirm the
same. At this time, the contractor is required to submit to the
community Development office copies of all warranties and releases
of liens from subcontractors and suppliers. Community Development
will not authorise payment to the contractor until these documents
are properly completed and submitted. Community Development staff
will make copies of warranties and other documentation. The owner
will receive original warranty and quarantee documents. The
Program Procedures - Page 5
r
r w/tM Gz..'
1
Cosimunity Development office will retain co Sid q y
~
for tens ells.
pqa~ ~1ea M,
yr Ur
f 2, Warranty of Work - As stated in the rehabiftii
contractor shall guarantee the work performed for a h 41 f
least one year from the date of final acceptance. The ConLraetorl2m
-"C
Will return in thirty (30) days and ask the homeowner it any
additional repairs are necessary. Any dotieincies or necessary
repairs to specified work will be completed at this time, if no
re Pairs are needed, the contractor will request that the homeowner
release the contingency payment.
The contractor shall receive payment, minus contingency amount, for all
completed contracts within 15 working days after final Inspection
aappro
ract val. mThe Cant Will be xa i hheld alst on percent (10%) of the total
ys# if no additional or warranty wfor ork remains contrAfter
ctorhmust j
request from property owner an approval to release withheld contingency
funds,
~ l1 fort live
contractor upon property )owlnerraannd Iymont will
ctor approvw.do al wh nl 01s to the
of the contract work has been compleeed, percent
An 'All Bills Paid" affidavit and release of lion from all subcontrac-
tors and suppliers must be submitted by the contractor to the commune
Developpmmeent office before payment can be released to contractor. All
electrical, plumbing, mechanicai, roofia
inspection must also be submitted to the g permits and termite
prior to releasing contingency payment to the contractor.
a'
Vi r . ~1iYlQMi
A contraotor will be declared ineligible to pastlCipate in projects
{ funded by the O ty of Denton's Bomeowner Rehabilitation program for on*
or more of the following causesi
f 1. Failure to complete a project within the prescribed contract I
period.
2. Failure to Complete warranty repairs within a reasonable time
period.
3, Failure to use licensed plumbing and electrical subcontractors.
4. Failure to obtain proper insurance, i.e., both liability and
worker's cc+mpensitlon.
L Failure to complete work in accordance with program specifications
and/or accepted standards of workmanship.
6. Failure to pay all subcontraetors working on the project appropri-
ately and/or submit affidavits of payment signed by all subcon-
tractors.
74 Failure to obtain proper permits for work in progress.
6. Failure to treat homeowners with respect and courtesy.
Program Procedures - Page 6
r
i
q q ^03S
Contractors will be notified of their proposed ~~pa and wi 1 b t+C w
afforded the opportunity to courant or appeal tha'ti"ck n !1 appaa 610-W-cl4
must be made in writing to the Community Developm"fl~fice at tom.--► ±5
days after the date of thr notification letter. j Mob 66
Contractors debarred from the Homeowner Rehabilitation Program may no
longer contact homeowners receiving CD80 or HONE grant funds with the
intent of providing a bid on the project.
viz. DZMIP210H OF PINUCIAL AS21nASICS PsrwmaMs
The City of Denton has three financial assistance categories for those
who qualify for the Homeowner Rehabilitation Program. Theme cateeggories
are based on the OnalifrLae iacoee Liait■ sad maaeas for the Citr of
Dmeton's ■sdarallr assisted Programs (see appeadiz 1 to these guidelines
for current income limit ranges). A description of the financial
assistance categories and their requirements area
A. Fifty Percent Reconstruction Lin/Ilfty Percent Deferred Patent
1Ba4~
Clients whose gross annual household income falls above 65% up Ito
80% of the area median family income limits will qualify for this
two-part loant
1. a 1jntereat loan with the loan amount being based on 50% o:
the total project cost. The 31 loan will be amortised over a
10-year period (120 months). The lien will not be released on
this part of the loan until all 120 payments are received in
full by the City of Denton) and
2. a deferred cavment lean with the loan amount being based on
50% of the total project cost. A detailed description of the 4
{ deferred payment loan is found below after section VII.C.
A. Twenty-fire Percent Reconstruction Loan/Seventy-five Percent
QeLerred Payment Lazne
Clients whose gross annual household income falls above 50% up to I
65% of the aret median family income limits will qualify for this
two-part loan)
l 1. a 3t interest loan with the loan amount being based on 25% of
li the total project twat to be amortized over a 10-year period.
The lien will not be released on this part of the loan until
all 120 payments are received in full by the City of Denton)
and
2, a dsferYt "Mnt %ain with the loan amount being based on
751 of the total project cost. A detailed description of the
deferred payment loan is found below after section VII.C.
C. Elys Percent Reconstruction Loan lN nety five Percent Deferred
Payment LoanLOan
Clients whose gross annual household income falls at 501 or below
of the area median family income limits will qualify for this two-
part loan)
10 a 31 interest loan with the loan amount being based on St of
the total project cost to be amortized over a 10-year period.
Program Procedures - Page 7
4 ~
wRM
~If
1
r is O~
1RV
/',,^,~ndatvo G U 'd 3
The lion will not be released on this par~i~o~ klsaa-s+~a4ti... ff
all 120 payments are received in full by City of Dentonlia- y -q1
f L
and iSO
a W payment loan with the loan amount being based on
J.
9S11 of of t ta
ie total project cost. A detailed description of the
deferred payment lorn to found below after srctLon VII.C.
i
,pE/CRIKION or A DEMRID PU»f IAt.N
A deferred payment loan shall carry 0% interest and continues
until the applicant satisfies the conditions listed in the
promLsoory note executed prior to project start date. There are
no monthly payments. Deterred payment loans are secured by a lien
on the property. The lie: will be for 140 months (TEN years).
1'or each month the homeowner lives on the property, 1/120 of the
total deforrad payment loan amount will be forgiven. It the
rehabilitated dwelling is sold or transferred before the lion
period expires, the homeowner is credited for every month spent in
the house. The credit is subtracted from the total loan amount.
The unforgiven balance is owed and becomes due upon sale or rental
of the property to the Community Development Progrcm and received
oral used troreof am program income. The City of Denton will be in
Van lot lien position on all rehabilitated dwellings. However, in
rAtuations where lot lien position is not feasible$ the City will
Lecept a lower lien position subject to the review and approval of
the Community Development Administrator. The lion will not be
forgiven until the following conditions are mete
1. the homeowner must reside in the unit for a period not less
than ten years; and
2. the property must be maintained to meet city code requirr
mentsi and
3. mortgage paymento must H met on a timely bolo; and
4, homeowner must provide locumentation of adequate homeowner's E
ineurance, including ce.sualtyY and firw coverage, and the City E
must be listed on the ..ortlficate of Insurance to be notified
in rase of policy car.cellation; and
during the
I F S. in the evert . of a sale or transfer of ownership
ten-year period, the following conditic.m%s will applyi
i
a. sell or offer the assumption of the loan to a low/moder-
ate income family approved by the Community Development
Offices or
b, make the unit available for lease to a low-moderate
inccee family by making the unit priced affordable and
maintaining the unit to most applicable city codes.
6. it within this ton-year period the homeowner defaults on their
deferred payment loan, and/or if the homeowner defaults on
payments on their 3% interest loan, the loan will be called
due in lull and foreclosure proceedings may be initiated. The
City will make every effort to work with the homeowner to
avoid foreclosure and will examine each situation on a case by
Casa basis.
D. The level of monetary assistance will be determined prior to
rehabilitation. A structural evaluation will be completed. Each
Program Procedures - Page a
1
~a
structure will be assessed and the type and It"Ja assistance
A r y,e
will be determined by the Comunity DevelopmenqC ataf`C"WretM
repairs needed are (a) Minor, (b) Mcderat '!1 Hajor, (d1iQ..17~1/ i
Extensive or (e) Reconstruction. Allocutions will be as n+sa tlb 6 4!
a) Minor Rehabilitationi 81,000 - $11,000 j S
b) Moderate Rehabilitations $11,001 - $17,000
o) Major Rehabilitationi $17,001 - $25,000
d) Extensive Rehabilitations $25,001 or above**
e) Reconstructions See Optional Reconstruction Program Guide-
lines
A Under no circumstances will funds in excess of 76% of the esti-
mated after rehabilitation appraised property, value be spent.
Projects that would exceed this program limit are not feasible for
rehabilitation. Property owners will be notified that their home
is not feasible for rehabilitation and that they may apply for the
City of Denton'@ Optional Relocation Program. I
i
E. Repayment Policy for financial Assist The applicant must
agree to have a lien placed on their property until they have
satisfied the requirements of the promissory note. The lien will
remain until the loan has been paid in full. In the event of
death of the loan recipient, the remainder of the loan must bo
paid by whomever becomes the legal owner. if for any reason the
lo& recipient decides to sell or rent the property before the
loan is paid in full, the remaining amount will become due at the
time of the sale or upon rental.
IN Liens wiP.l remain in effect until the grantee has vt all require-
ments as aMified in the promissory note. In the event of the
sale of the property, any unpaid balance of the loan and any
unforgiven portion of the deferred payment loan will become due
immediately. In the event of the death of the grtntrte, it a
family member who meets the income eligibility requiseselnte
resides on the property the loan will continue as stated in the
origiral promissory note. t
A waiver of these provisions can be requested if the property owner j
i (Nis that their circumstances require special consideration. Section
'I VIII of these Guidelines explains how to request a waiver.
/22I. APPR= PROVISIGHSI {
I
A. Reausst for Waivers The City of Denton'* Homeowner Rehabilitation
Program has been developed to adhere to a set of quidelines in
order to assure proper administration and management. In the
event that an applicant fins that his circumstances require
special consideration, he can request a waiver from the usual
requirements. All requests for a waiver will be reviewed by the
Community Development Administrator on a case by case basis.
S. Aonealst Proaedure_t Applicants who have been determined by the
Community Development Administrator to be ineligible for rehabili-
tation, may appeal this decision to the Executive Director of
Planning and Development Department. A written appeal must be
submitted.
Program Procedures - Page 9
l:r~+Mpy■a*
t~ •
I
ggnda og u' ~s
The Iaecutive Director of lgthe Planning an
sh De , o ment e`!m nL(~
Mall issue a written response within ti
the complaint.
to, 20-1.4- 9y a
Lill
Any applicant who teals that they have been unjustly denial ~703 66
rehabilltaticn assistance under the City's Homeowner Rohabillta
tion Program should follow the appeals procedure outlined above.
1
E
r,.
r' i r
I
0
1
r
'f
t Program Procedures - Page 10
i' T 1 111
~ .r
h
t
I The 6x is Director of the Planning anlIIIX-
nt Lepartroent
sh #C
all issue ue a urittsn response within 1 y~
„
the complaint. '4
"
hny applicant who feela that they have been unjustly denied/,1~~b
rehabilitation assistance under the city's Homeowner Rehabilita-
tion Program should follow the appeals procedure outlined above,
r
°
t
y 1
5
.
t s
r
Program Procedures - Page 10
r <w
1
i
sndaNo 9y•
ol3anda~cs
a
GENERAL TERMS AND CONDITIONS
r { j
1 ~
i
r
i }lt
y Y
i. X11 a - I
4 ,l,l 1
V
Mywwn.,....... . . 1111
r/i O
~n
wa.s1
i
i
`Q
a«o 4
OINeRAL TERMS AND OONDITIONS Ag)ndallarq <
ti ~ ~ ~ r 1 r:
L d~~ SSi
14 69-
Y
1, Property owner agrees to comply with all HUD requirements with respect to
Title VI of the Civil Rights Act of 1964, to not discriminate upon the
basis of race, color, creed or national origin in the sale, lease, rental,
or uee of occupancy of the subject property.
2. Property owner agrees to not award any contract for rehabilitation work to
be paid for in whole or in part with the proceeds of the grant to any
contractor who, at the time, is ineligible under the provisions of any
applicable regulations issued by the Secretary of Labor, United States
Department of Labor, the Department of Housing and Urban Development, or ;
the community Development office to receive an award of such contract.
3. Property owner agrees not to pay any bonus, commission or fee for the
purpose of obtaining the Community Development staff's approval of the
grant application or any other approval of concurrence required by the
Homeowner Rehabilitation Program.
4. The homeowner will continue to occupy the promises during the rehabilita-
tionl but he will cooperate with the contractor in a reasonable manner.
S. Proppeerty owner agrees that existing house utility services will be made
available to the contractor without charge as followst electricity, gas,
water and telephone (local calls only).
6. Property owner agrees that the City shall be the agent for the owner and
as such agent shall hold the funds made available to the owner for the
rehabilitation grant for the purpose of the disbursement thereof to the E
contractor.
E 7. Property owner agrees that it is his sole responsibility to see that the
contractor completes the work specified in his contract to the owner's
satisfaction and that the City of Denton has no responsibility for any
defects, faulty work or incomplete work by the contractor. The owner
further aqreel that the City has no liability for warranty of any of the
workmanship or materials furnished by the contractor under the contracts
The owner further agrees that lateut or hidden conditions in the property
which were not included in the original inspection and work write-up of
the City are not the responsibility of the contractor nor of the City, but
remain the responsibility of the owner.
Ss As part of the consideration for providing the funds to rehabilitate
property as described herein, the property owner agrees to maintain and
keep the property in good repair after the completion of the work to be i
performed by contractor, taking into consideration the ability of the
owner to do so.
.9. The owner shall issue a written Notice to Proceed within thirty (30) days
from the date of acceptance of the contractor's bid and proposal. If the
Notice to Proceed is not received by the contractor within this thirty
(30) day period, the contractor has the option of withdrawing his bid and
proposal. If the contractor chooses to do this a written notice must be
delivered to the owner with a copy to the City. The contractor shall not
begin the work to be performed until receipt ct written Notice to Proceed
from the owner after which the contractor shall begin the work within ton
f,,) calendar days of the date of said Notice and shall complete said work
WLLAin sixty (60) days or the number of days stated in the Rehabilitation
contract.
General Terms and Conditions - Page 1
i
i
~'g~~daNa s i
10. The contractor shall not assign the contract witholC" nritt/VWost
the owner and the City and/or its agent. 2Q 6 6
11. It is agreed between the owner and the contractor that damages due to
delay are impossible to determine and that in the event the contractor
does not complete the work required under the contract within the
s cified time, the contractor shall be liable for and shall pay to the
City as liquidated damages the sum of one percent (11) of the total
contract amount or $5S, whichever is greatest, for each calendar day of
delay from the data stipulated for completion in the Rehabilitation
Contract until such work is satisfactorily completed and accepted.
12. The contractor shall not be charged with liquidated damages for any delays
in the completion of work due to the followings
A. Any acts of the governments including controls or restrictions upon
or requisitioning of materials, equipment, tools or labor by reason
of war, National Defense or any other national emergency,
a. Any acts of the owner.
C. Causes not reasonably foreseeable by the parties to this contract at
the time of the execution of the contract which are beyond the
control and without the fault or negligence of the contractor)
i including but not limited to acts of Ood or of the public enemy) acts
of another contractor in the performance of some other contract with
f the owner, fires, floods, epidemics, quarantine restrictions,
strikes, freight embargoes and weather of unusual severity such as
hurricanes, tornadoes, etc.
D. Any delay of the subcontractor occasioned by any of the causes
specified in Subparagraphs (A) (B) and (C) above, provided that the
contractor promptly (within 10 days) notifies the owner in writing
of the cause of the delay. If the fws show the delay to be
p,operly excusable, the owner shall extesul the contract time by a
pee ed commensurate with the period of ercusable delay.
17. The contractor shall not be held responsible for preexisting violations of
law including but not restricted to coning or building code regulations at
the property listed in the contract. Before beginning work, the
contractor shall examine the work write-up for compliance with the
if aLweftati y repdinance ort any andcodes to the owner. now or replaced work aniremed shall
of the work write-up fail to comply with such applicable ordinances or
codes for the new or replaced work, the owner and the City will adjust the
contract by change order to conform to such ordinances or code'and Mahe
approppriate Ty ustment in the contract price unless waivers in writing
covering the dLfferenee have been granted by the proper authority.
14, The contractor shall comply with all non-discrimination clauses included
in the contract) non-compliance will result in termination of the
contract,
15. Bids or proposals will be submitted at the bidder's risk and the City or
the owner reserve the right to reject any or all bids or proposals.
16. Subcontractors shall be bound by the terms and conditions of the contract,
insofar as it applies to their work. This shall not relieve the general
contractor free the full responsibility to the owner for the completion of
all work to be executed under this agreement and he shall not be released
from this responsibility by any subcontractural agreement he may make with
others.
General Terms and Conditions - Page 2
W"i
1
~sn~~No~ 3
17. when adjacent property is affected ar endangered by any work done under
this contract, it shall be the rcaponsibility of the contractor to take
whatever steps are necessary for the protection of the adjacent property
and to notify the owner thereon' of such hazards. Y
tl
18. Repairs shall be made to all surtaces damaged by the contractor resulting
from his work under this contract at no additional cost to the owner.
Where "repair of existing work" Is called for by the contract, the feature
shall be placed in 'equal to new condition" either by patching or
replacement. Alt damaged, loose or rotted parts shall be removed and
replaced and the finished work shall match adjacent work in design and
dimension.
19, Alter the final inspection and acceptance by the owner of all work under
the contract including cleanup, the contractor shall submit to the owner
for approval his requisition for payment. wh6n the required warranties
W. the release of liens have been executed by the contractor, the final
payment minus a 10 percent contingency will be made which will include any p
amounts remaining due under the contract as adjusted in accordance with !
Approved change orders and subject to withholding of any amounts due the
owner for "liquidated damagas" as may be necessary to protect the owner
against any claim arising from the contractor's operations under the
contract. Payments will be made within 10 days of formal requisition for
payment. Only one partial payment may be made when 50% of the work has
been completed.
20. A Rehabilitation grant may be made only to cover the cost necessary to
brlnnqq the dwelling into conformance with Section 8, Existing Housing
Quality standards, The two categories of repairs listed below are to be
1 included an priority itemos f
Code violations which create hazardous conditions
A. Recuired Reoaira'
in regerd to safety or health will generally involve the basic E
hosting, plumbing or electrical systems.
6. Recommended NSoairyi code corrections or preventive maintenance
!!ions which shoaild be undertaken to avoid more costly future
action. i
(1) Heating, air conditioning, plumbing and electrical improvements
(9) weatherization
j (3) 6xterLor work such as roofing, siding, painting, step and porch
! repair and retaining walls
(4) Interior work such as renovation and repair of existing kitchen
and bath facilities.
21. Mobile homes are not eligible for rehabilitation assistance.
41. The Denton County Appraisal District automatically reappraises any house
where a building permit is Issued. The homeowner should be aware of this
fact. it the home is reappraised, yearly property taxes may also
Increase.
93. Change orders may be made to cover an item of work which cannot be
determined until sometime during the course of the rehabilitation work.
The Community Development staff shall not consider a change order proposed
byy a bidder that is not called for in the contract document prepared by
the Community Development office. Change orders will be considered as
foliown
i
General Terms and Conditions - Page 3
i
c
.sW
ra i~,f+.Y
•✓~iIJLL4V O. ~
A. Change orders are reed to add work necoomil " 1t~1 4 c nc pient~
items that have beta found to be detective after work a in areerese
but were not anticipated at the time the conl'iii was executed,. 209"
8. Change order requests will be limited to only those items that must
be corrected to most Sect.on 8 standards and/or city code require-
ments.
No change orders for recommended or general property improve-
ments will be approved.
C. The change order amount is limited to a maximum of 10 percent of the
total contract amount. It it is necessary to request a change order
to make required repairs and the contract to already at the program's
maximum allowable expenditure amount, a work item of less priority
will be deleted from the bid proposal in order to compensate for the
added amount. However, it there are no work items of less priority
to delete from the bid proposal, the project's maximum amount must
f be approved by the Community Development Administrator.
0. Change orders will be used when it is necessary to delete work from
a contract for any reason. When items are deleted from the contract,
they shall be at their previously bid amount. When items are deleted,
but coo not have specific costa, in such cases the contract shall be
reduced by negotiating the cost at prevailing rates.
9. All change orders shall be executed by the homeowner, contractor; and
a member of the Community Development staff prior to work bring
completed.
I. ixcept for the purpose of affording protection against any emergency
1 endangering life or property, the Contractor shall make no change in
the work or rehabilitation, provide any extra or additional work or
supply additional labor, services or materials beyond that actually `
required for the execution of the contract.
G. All change order requests must be submitted by the contractor, signed
by the homeowner and approved by the Community Development hdminis-
trator. No claim for an adjustment of the contract price by the
contractor or homeowner will be valid unless this is done.
H. The approval of a change order shall constitute authorisation by the
homeowner and community Development Administrator to change the grant E
amount equal to the cost of the work added or deleted. 1
to It may be necessary to change the time of completion due to the
addition of certain work items or delays that are beyond the
contractor's control.
J, It the contractor feels that any of the limitations listed above will
result in the incomplete rehabilitation of the structure as specified
in the contract, he may appeal the limitation to the executive
Director of Planning and Community Development.
24. If the work completed is not in accordance with the construction contract,
a member of the Community Development staff shall advise the property
owner of the non-compliance who then shall obtain appropriate action from
the contractor. No payment shall be processed on a construction contract
until a contractor has satisfactorily completed all necessary corrective
action.
General Teases and Conditions - Page 4
Y{/
Fill
nJ~ndatto 9'
D,,3ntla'lo
25. The owner shall be able to select the color and styli !certain materials
lG'~/-94
(i.e. carpet, floor covering, paneling, paint, of ones ?
selection of carpet and vinyl may be made. No more than two interiodL-?0j6~ °
paint choices and two exterior paint choices may be made (main color and
trim).
26. The contract warrants that all materials, fixtures, and equipment
furnished by the contractor and its subcontractors shall be now, of good
title and that the work will be done in a neat and workmanlike manner.
Neither the final payment not any provision in the contract nor partial or
entire use or occupancy of the promises by the owner shall constitute an
acceptance of work not done in accordance with the Contract or relieve the
Contractor of liability in resyect to any express warranties or responsi-
bility for faulty materials or workmanship. The contractor shall promptly
remedy any defect in the work and pay for any damage to other work
resultingq therefrom which may appear within a period of one year from the
date o! final acceptance of the work unless a longer period is specified.
' The owner will give notice of observed defects with reasonable promptness.
27. Interest of certain federal and other offloialsn
h. No member or Delegate to the Congress of the United States and no
l Resident Commissioner and no federal employ" shall be admitted to
any share or part of this contract or to any benefit to arise fray
same.
i
Do No member of the governLn7 body of the City and no other public
official of or within the City or County who exercises any !unctions
or responsibilities in connection with the administration of the
Community Development Programs and no other employ" of the Depart-
sent of Planning and Community DevelO=n t who exercises any such
functions or responsibilities shell an interest, direct or
indirect, in rehabilitation proceeds which Ls incompatible or in
conflict with the dischatp., or fulfillment of his functions and
responoibilities In connection with the carryLnq out of the Homeowner
RehabLILtation Program, The length of time this exclusion shall be
in effect is one year following the ending of term of office and
shall be binding upon, but not limited to, all of the individuals and
agencies herein described.
f
General Terms and Condition: - Pa_•, 5
.1
r
Agindalle
II
E,,3 2~ 0166
,
P.
n
A
a
J
MINIMUM REHABILITATION
? I, S l ~ t
STANDARD
J , V ~
a I r I
s-:
AmoosC=
.
aw....,v w. . . ,.a'.~.,:<.rrSr -Jr♦ Yrt4.rw i{I
R 1.
i
~1171.v
pgq~ `
L M W
~',~:,1L5,1v~
- LI - 4v
MINIMUM R[NANILITAT101 lTANDARDN i. s---~ -i
soofsn Roofs should not leak and have no evidence of rotted deokinq, iasoia or
soffit. Any roof with two or note layers of roofing must be stripped to the
decking. if it is determined a new roof is necessary the decking must be checked
for broken or rotted decking and shall be repaired or replaced as needed. Where
new decking is required the material shall be one-half inch plywood or one-hclf
inch waferboa:d to be used with 8 clips between sheets. All roofs that all
stripped shall be replaced with new 30 pound felt paper, the proper flashing and
metal drip edge with 210 pound shingles. Any roof with lees than a 1112 pitch
shall be covered with rolled roofing, with at least 12 inches of lap, it
installation of rolled rooting is not sufficient to promote proper run off root
will be rebuilt.
sidip and lriau All exterior siding and trim shall be free of holese siding may be cracks or
rotted material which might admit moisture into walls Now pppp lied
only re it and
of new siding and lnstallrLion is comparable to the ps
cost
pain it tlnq the costs of the existing siding.
Mlslewsc All windows and hardware shall operate satisfactorily. Cracked or
broken windows shall be replaced. window glaring shad be weather tight and
windows shall be weather stripped so as not to allow entry of air and water
workM t lose, sashes or win casings. All windows shall have so-resins and
working locles
{
Draiaayef She grade of concrete or dirt should drain at least five (S) feet away
from foundation walls.
i Site Isyrovemestsc All replaced concrete surfaces are to be level with the
widths to match the existing surfaces.
All steps both oonaroto or wood that pose a threat to the occupants shell be
repaired or, it necessary, replaced with treated material or concrete.
roeslatioss aal Niersn Mkirting shall be six (6) inches underground levels rf
it is Rocessary to install skirting, new 22 or 21 gauge skirting shall re used.
11tclessi Rltohens shall have a specific area which contains a sink with hot and
cold running water, counter work space, storage space for food and space for
storage of cooking utensils.
dtaln n All stairs shall provide for 'he safety of ascent and deocent. All
treads and risers should show no evidence of breakage or have evidence of
excessive wear. All stairs shall be equipped with handrails.
i
Utility Arsasn 4as or oil fired water beaters or furnaces shall not be located
in the bathroom or bedrooms. in addition to all plumbing and electrical codes,
water heaters, air oonditioners, and furnaces shall be enclosed with A sealed
door and adequate upper and lower combustion air. All washer and drycc hookups
must meat city Code.
i
HiMMUM Rehabilitation Standards - !Page 1
I
F
T
i f
■
t
i
4,'~G11~0N0 Q~"~'
i structural systems The woody masonry or steel components shaiivi to set'43ceabla
condition for the expected useful life of the rehabilitated ty~ 0ing. Struv a~ ~
e members which are in seriously deteriorated condition shal C*-replaoed. `Q+-~
Sagging and non-level floors shall be raised and stabilised as level as possible
without causing interior damage.
u
Y Termite inspection is required and treatment shall be done it evidence of active
infestations exist. A certified pest control company will carry out the
treatment and present documents of proof and warranty. i
't.
sleotrleal systems All replacement of existing wiring and equipment shall be
done in conformance with the National tlectric Code and the City of Denton Code.
Any potential source of electrical hazard or ignition of combustible material
shall be corrected.
b
Orl outlets shall be used in bathrooms, kitchen, garage, and exterior recepta-
vlos. Additional outlets shall be added to eliminate extension cords and, at the
request of the City Inspector, to meet City Codes.
flsmbisgi The plumbing system shall operate free of fooling and clogging, and
ti. not have cross -conneotIons which permit contamination of the water supply or back
S, siphonage between fixtures.
E All sinks, lavatories, water closets, water heater, and other plumbing fixtures
shall have acceasiblo cote!f valves. All fixtures shall have P-traps, necessary
vents and be properly connected to a public or private sewage dispwal systew.
All sewer lines shall have accessible uleanouts. All water heaters shall be
' installed with double wall vent stack, a pop-off valve, and overflow to the
exterior of the structure.
X"basical sauipmeato All gas fired heating units most be vented with double
wall pipe and proper upper and lower combustion air. The unit shall not be
installed in a living area such as bedrooms or under stairways.
Rigid gqas pipe most be used to supply heating units with a maximum of three (3)
feet o! flexible pipe from the stop to the appliances All duct work shall be
properly asaled from the heat source to the register vent and from the return air
supply to the heat source.
NVAC duct insulation cost be R-1 or greater and pipe insulation must be R-2 or
c
~g greater.
Y i
Iesulaties sad Neatherlsatioal An R-30 insulation value in the attic shill be
required.
txtorior Dooms All exterior doors shall be solid core. All looks shall be
a capablo of tightly aeouring the door and shall be readily openable from the
inside without the see of keys. All exterior doors shall be weather stripped so
E that there is no significant entry of air or water into the structure.
/orobas sad Decks i All por0es and decks shall be safe and capable of supporting
( anticipated loads. All porches and deoks in deteriorated condition and which
serve no useful purpose or which are not economically repairable shall be
removed.
a
Minimum Rehabilitation standards - page 2
t
r .
D,g~n~alte ~
a•W.OAN
Z
Porches and decks thirty (30) inches above grade shall have guardrails and "
lliyhts of stairs with lour (1) or more risers. They shall have a handrail on
at least one side.
Getters and Dewsspostsi butters and downspouts should =Lot where they are
deemed necessary to promote proper drainage. butters will VAI normally be
installed if they do not already exist.
Downspouts that cannot be connected to drain tiles shall have splash backs with
proper site grading.
Chisseys mad Ventsi lnrnaco and water heater vents shall be double wall vent
pipe.
Existing unlined masonry chimneys having open mortar joints or cracks shall be
removed or made sate by installation of a 06 approved flue linos.
Vent-a-hood stacks shall be vented through the roof.
iaterloess All floors, walls, and ceilings shall be maintained in good, Olean,
and unitary condition. All pooling print, cracked or loose plaster, and other
3. defective surface conditions shall be aliminated. All doors shall be opera-
tional.
~ r {
Carpet and vinyl that Is badly worn, torn or too dirty to be cleaned shall be
red. This shall be determined by the C.D. Rousing rnspector, Existing
carpet shall be cleaned by a commercial stem oleaner, if necessary.
1athwooesi An operations?. water closet, tub or shower, and lavatory should be
f in the bathroom, sot water should flow to the lavatory and tub or shower, Cold {
j water should be supplied to all fixtures. Either a window or an exhaust tan must
be present to properly vent the bathroom.
Calimetst Eeilt-in kitchen cabinets shall be repaired up to 50 percent of the
cost of new cabinets. bathroom oabiaets are not required.
+i
i
i
Minimum Rehabilitation Standards - page 3
i
P
I
A,;sndaNo 9
f App.da to 9
-goo; b
G
I
1
f
APPENDICES
t a
r, {
J 1.
I
I, . c
I ] r' ! [ t rah,
{
I
II 1
• e
..try- .
n
APPENDICES "~yoGallert~ a
lz O. - db 66
Appendix i . . . . Carrying Out Eneigy•Saving Requite
meets for Single•Family Buildings
Appendix 2 . . . . , . , section a Existing Housing/Program
Appendix 7 . . . . . . r
Q071LIIYINQ INCaIlE LIMITS AND R1WO;S
FOR THE CITY OF D331TON' S FURRALLY
ASSISTED PROUA IS
{
• 1 A
S'~ p 4 r , J`
• 5
.
r'
.
ar alll 1 * ~ 14+1
I
r '
~r
r: '.-w.,,..._........»_.. .e_..'.'u>,Y:wlws~w+lYmaa-.v
fAIW j
r
i
I
Appendix 1
-ids o
~'~:t~iQalte
" a /0^ •9
CHAPTER
Carrying Out Energ -Savin
Y g
o Requirements for
Single-Family Buildings
Boma ooosume about 2096 of an fLr Of9oe personnel, Sad others fonts on
=510t60% in the U.S. Of this ammst, ways of reducing beat foe and
if used for beat. conaerviag carp in scoorduce with
Another 12 to I$% Man water and those requiremanu.
about s to 8% is used for dr-
ooaditioala [J~ and a~pnmaa
take fiom 1E 2096. D6 MMO A
SDiOMPAMMY BUMDIN G
Since to much of the eoerp gom fa
beat and hot weam, that b when most A sin jlaf mOy detached house is a
saviap can be malbW and that is why ~lo~• dweWog unit that Stands 6m
WestMrtxiy, of retrofiltin{, a boose Es with fow aide "posed. sino4amSy
so important. Just how much mere a M KIW Baum a an dsrdlinp such as
perticniar house wib we depends On dupl"a (which We, in effect; two {
mmy radon, iacbtdisF atogiedaamny houses this shw a
1. 7be elimw wbSre the haw is aomnm wan) and mwbowa at
towahousee (severd eEnsle-famnY
2. 73! betted iiia and dalpi of tM bunding bousa attaVAW to each othff ` ~
ad Its orientation to the suer
3. How well the bundim is mfft fly in ad d". than are large, wu*
lasulatad owes, sructww cooSWAS of two to four
d. Hoar effectively the exWag cauHdog sepataw dwoft units that ate'ww-
* athentriwas prevent air arany S Ito the sia=1e faeony
S. Whether the bundinS B sir- detae~ed
Conditi00ed Iva ehapta pe faun pdmart7y to lines.
6. The oowpmts, emv,wsntmpdoa famny bu0dinp with either a wood
habits Mme ooostru mo N which wooden
sods, jdw, and beams male up the
Chapter 2 pvvWW an overview ohbe WWI Mme) of a 11311104fY oooswc-
ym M and psrd=W rp hmenu for dm However, the WMIAtioo tables for
singe-famny bddinp. ehWa WW slo&4mtny buiWWl a tppnasbie
bslp rebabMtsdoo spedslim, dWe- only to woo 4mmie teuam types
ramify property owner, HUD Ana
Appbiel tie Get-effeedve "Staadarda d l*bmhWnda 1hnJeen is
OA4
L1
*y • twws,~
J~
. e-Q/off 66
pushed outside by Galfdng'r
that have cavides in the walls where he floe Of WEwill E epoi in. Gulhni is a very simple way to acWy
Insulation may be placed. reduce unwanted air flow. Filling Cracks a
movement of beat results From rodia- and opeainp in outside walls with a
ENERGY REVIEW [fors ronduetfon, or convtcrion, or some caulkin{ o maul d Is as easy, toonoml•
ed way to realize large:avinp in energy
oombtaatioa of these three. cwts. Homeowners can maximize theft s
To Pinpoint the seas to a sio{lefamEly RA&adoa occurs when a source of heat, savinp, of course. by applying ceuMng
building that can benefit from toergy
conservation ws wes, an energy review such as the sun or a hot radiator, scads themselves rather than payla{ sareoae
kn is actually out heat waves. Heat radiation threat h ebe to do it. It is not a &ffkvlt job.
Is needed. The energy rcv glass windows is welcomed in the winter,
psn o~rtha reh6lliu ioa insPectl°°• Wben selectin{ caulk, note 01st materi•
VVhi14 inapecting the swcturd condition but in the summer, it can introduce ills of different quality are available
Of a buildings aw r unnecesi ~ beat into a buildni There are three basic types of caubL Oil-
example. the person Coadaedoe is the flow of heat through or ruin-bared ooufk Is the least
inspection would also make note of
insulation goal material to another or expensive, jexpensive, but it Is also the lent
e and
insulation needs, the absence of storm one physical
dows, and so [arch. Upon oompletloa out Into she att. imulattag materials help effective. It is readily abut ittends to boad
most win will
of & Combined rehabilitation leapeettoa• to reduce beat conduction subatandally. Wden and crack aces. 2 to 4 years.
energy nvkw, be or sbs would user the air 4 Some how-to guides advise against using
calculation tables sbowo to chapter 2 to Gsnedoa o.. because warm a
mat noel eQsedve ligbter than oold air and will move tt
~e^n~ the upward. As cold air becomes warm. It
measures. rises. More cold air moves in to replaa takes sod butyl-based caulks are a
it, and it too beooma warm sod rim. MOM moss espemiv nt but based sul -based c Wk much
RMUCWO H AT LASS An air mnvtt devdops that moves more durable than it kA.
bated ilk around I spa" in a tut from d to a years s• .
Acid well W building a:paroioo as
As now in chapter w0fal" 0 ~ sn dbbe Bag direction. am P~~ dons ao ctioo caused by ehani« is 'J
improvements must be tailored to the to the floor. mf e'
ttyyppee of building and the kind of is adoa an iCVOir4d Etlseowde calks, n cb as potyurc•
as6tiitatioo bdM carried out 10 All Comb or Act air. Radiator thanes, aitioooea, «PolYwlfidei, are the
cases. braver, the improvesneota ° fa the movemertt mat durable sad most expensive Mills-
be cost-effective. due M&K ue toe beat andusewarm & an and" Tbey will last 20 Yam or more sod are
mW caging. In gaegpdoosay pod at wkWUo&g the
in MONK hooves, 60 lest pesctted step conuct
d I . bad tb* rttius fiuctua•
toward toes uv%p is bloddog the iba wkstet but radiated by lion stn and typg of d lion sad ooou nil
)and out or eoodadW tbros{b glace windnwa can b caned by ak0°sea ego also
(exs~atiioo dies bn 'to sawsaizs a weloornl ad&doaal nouns of warmth boos. Elas tomerk
other • bar a home. used wkb Slier Mau" such as oakum.
Ws beat loss ltr"tvee, smaoog canikiag Cotton, $Ponia rubber, or
cMIWg or w@itou d Stadia have ebown that a aubstandd fiberglass. to close large cracks.
or ~ , "t M* dgbUr shat amount of Asdoa bast Is lost loas es
windows Mat caufidog compound coma in
PJAW1o{ we lose In dsta wrq is so tArou{A cracks and opeaiop tubes ~ the ace Directions
a and an ' the lY tuthe be test CAP bow a°w t
s, It it a tisnssal basil ft, looluding electrical outlets and . nW d
eleuly oat sffeetivaayp~ al awk&w In outside walls. Major beat gum
mdK t > itJD nha~m~ {oases also Nsuk from oayvet a as bexemN , u ble u
w-CM o'" up R11
motioned id Cba W 1. -It Ca and we.&M, hardware stores and bttildin{•supply
Seale Fwb Abewt Air Flew In two earp•e2*1 bnprcve• bases.
Heel SM h m ka sours to a Colder Mont; nameshed waft ad cooling Apply yccvA&S to all fixed Joins, fa bass area. }lot air *0 For these
rsaeou wbm bagel an basted in bills. a Around windows and door when
out o the cold A bas to IPA Qranoes meet:idi-
come In. In trommer. of comye, do a'ihia is a enteral regttiremast
oppoeke is true. Air cooled by
/1Mi~{0ti tie Cent-SQeadn Seers! 3trn/arde 4 11114bebillud" Prof
l6
S Between windowsills And Siding Door sweeps, Consisting of vinyl of felt- along the side of the tube and slip It over s Between plates and foundation backed
metal strips. can be applied to the pipe, Sealing it with duct tape at the
■ Around all holes for pipes, ducts, cc the bottom of doors to reduce air joist.
elecvie conduits through outside walls infiltration. Elberglast pipe insulation often comes E
■ Around all holes through a wd; a.
separating heated and unheated Many how-to guides are available that
provide detailed, step-by-step bu~~i ~,~harrier not be ,,t°.i for use as a
.Spaces, such as attached garstes, inswe' barrier. Be sun to read the
Storerooms. a auks • dons for installing westhersviPPing. vapor
e Between unheated porches and the Some of these guides are listed at the Waruc loo i apply thfibe e rengss of the
main body of the house Cad of this chapter. Side of the fiberglass and wrap it :round
a Where the chimney of masonry meets the pipe. Seal the joints with duct tape or
the
a Around tthe outside of water faucets INSULATING REPLACEMENT the paper backing.
HVAC SYSTEMS'
This G Is not exhaustive. For more Unlike heating and cooling systems, in a
th
information, refer t to o the reference gutdet Because of conduction. AS much u 4096 home pot-water pipes fa domestic
nakedly. A
Suggested at the end of this chapter. of heating and cooling energy can be lost systems are used only spot
through uninsulated pipes and ducts In rehabilitation specialist should deter-
cold areas. For this reason. when mite whether it IS feasible and coSt-
WEATHERSTRIPPING• replacing headng, ventilating, and air- effective to insulate the hot-water pipes.
conditioning rystems, HUD EROV
Weathentrippiog. like caulking, reduces Standards rrttqquin that all pipes and FFICIENCY
unwanted Sit now. Caulking is applied to duce be insulated IG MGIIGH-E SYSTEMS'
td joints: of do lag Is applied HVAC
All supply sad return pipes and ducts In
to the moving puts patty of loon and the new HVAC system should be A,VAC system that is improperly
windows. Weetbasa'IpPlet comes In insulated to the Mowing specilfcatioas adjusted or is poorly suited to a buildms
script of th1w4pring Metals, rolled vinyl, whenever they ram though uneoadi• may waste an enafaww amount of
relt mssteriabh hawesp, or foam tubber. These doped spun: dud Insulation must be energy. For innance, a system that is
elp to re d windows and R4 or greater, and pipe insulation must "oversized" operates inefRolently. An
doors tightly to ipping a can n a be ap Wd to be R-2 or greater. Refer ( oveni:ed system is one that produces
molt doors a nsome types at on imulstioon I this cohathe pee saran more heat at dr~oadhionirti than the
both doom and used windows, tome or the explanation of R-vacua.) spas it is servieiml requhN. For
otdesigned her. to be used on either one or example, if a heating system rum on a
this no dir wok to iosulaU pipes and ream boner, it would be laelficieat to
y~s~ ducts. Dues insulatioa geterdiy Comes boil more wart than Is needed to beat
Tbls-spria8 Now weatleretrlP the house. The oversized rgstem burs
an be toted on both doom and widows Is blaakota I or inches thick. A vapor moan quickly.
Though it is somewhat Olt to Isull, barrier should be attached to the exterioe fuel end boU P the u btoo oa 4PI
it Is the ow durable (and most Side of b datioa for sk-coodiitIN& to and &boa shwunt would cc. have Exosben oa that into pushed
expensive) type It IS &MIS. Seal the istdados join ordroom w a ld hav property Sized System your
virwaliy cavbibis when as~~ stop condensation. Before you Insulate, the me* remains In the pips because
R0964 or Mxlbk, seal Ali duct seam, tightly ands any the the system is s nth off. es Oftest be this
is lost through the Knees
is dtuxble and kerb. V how-to VIOUs ion of pipe and guides duet emsulatiom. excess leaf
vin
easy to iaulo It is d w with a Snstai applicat of
rerereaces at the end of this cue or simply pooh down In the pipes,
backing for w door 1d whhaa a backing chapter) Furthermore, the cosstamt on-04-off
for wiadowt. action of the system wastes hull. In
Fek sad fos e-ribber Seeaberst1`l Pipe Imaucatiom IS available either a urn- contrast, a props* sized system that
dune foam a fiberem. Urethanel6arn makbes buildinf needs 00 ram io tgsf
FINg, srs laexpemi y a durnd eeablery t0 irtetaB, a a foam tube 6 or 8 bra will use tea fuel because it bum
but i d its not very . The y trod ee can W~ may, Shy make a slit Awl at a slower rate.
Period of time.
so :brink after a stoic
Some types have a sett-
l tbould adlueslw severM •fltlt V a gematal tequ4emeat pal ' This b a geaenl requirement only (/tie
baekLt These types Y V III Bel
ss to It Is desirable
wad when hictlon 000M. the sYttem Is being, rmm es U t V th.he It Is ' pipet S YS" if presea raum is
• desirable other rsbed.
quo is a &we 21 requirement. are accessible. ove
17
Appl)toS tw Cat-EQeedn Esergy Smadards to Rsbabpitatloe Projesas
r!N„e.u.l,sls
I .
A;.tt'aPdo ~I 3
the Enew Standards Altbough not required if the structural Most insulation packages list the
i For these reasons,
require replacement HVAC systems to component is not affeetad, such Improve- R•value of the contents in compliance
r have bigb4ffidency systems and bursters menu can save a considerable amount of with Federal Trade Commission (FTC)
that are not ovenUed by more than energy and reduce fuel coats sipifi- tefulatim. However, ror insulation
IM A competent installation contrac- caotly- previously 4utalled, the R-v" can be
to can detsmine which system is mat estimated by first measuring in inches
efteot for a residence. In most circumstances, if the energy the thickness of the insulation. This
savings do not pay fa the required im- figure Is then multiplied by 3.0 for an
The efficiency of a system is often provemeou over either the term of approximate R•value.
af[eded by its size, relative to the the loan or the useful life of the improve-
j building needs, as well as by any meat (whichever is shorter), the im- There an teveral types of insulation:
' Chu gas made to save Nel. Any energy- provement should not be made. (See bate and blankets, loose-fill, and rigid
conserv{otl improvement-:sch as in- Chapter 2 for procedures to determine board.$
KAliag Iowiation in tailings sod was cost-effectiveness.)
or adding storm windows-can cause a gaff and 6lsnket lasalatioa, like most
besting system to became ovecshed. It it Iasdadoae home insulation, Is made of mineral
a pod Idea to recheck the system after An adequate level of insulation will fiber, either processed fiberglass or rock
making modificatioas and coned any b at a house or building In wavy wool. Batu and blankets are used to
o e sitiW Ott a gas ryatem parts can ways. Iasdedoo slows down the rate of insulate unfinisbed *We floors, un-
sowasimes be ~*pWM or replaced at had conduction, keeping beat In living finished attic ceilings unfinished walls,
minimal effort end expense. For In- areas for longer time periods. As a and the underside of floors. This type of
stance, the amamt or fuel oomumed by result, ksa beat to used in winter and sit insWatioo is best suited to a standard
as oil furnace may be reduced as much ooodkiooers usually operate for shorter joist or nfw spacing of 16 or 24 inches.
r 1096,~py by repairing s faulty periods in summer without sacrificing Both bats and blankets come In widths
hastens steaxia ors by do not • of IS and 23 Inches. They sn avallaM-
am, Although nteh modifications; either with or without a vapor bark J
regdre replaremeot of the entire HVAC Adequate Imdatioa may also affect the backing Salts generally come In
syatew,t6ey sn sawany coat-anti" emdeney of beating and cooling systems sections 4 or S feet long. Blankets coma
ehald be aaor
mors eQflded "dow For Instance. In furnaces, «I♦Jreace am. a& ien~forob that am r Installation. t to the desired
conditioners, and does systems may be
ADDITIONAL ENERGY Installad. Smaller, won elSdent units or La*w•Iltl Ianladee is either poured In
CONSERVATION MISASIIRES• dmnwked omudoe may be poesibie to or blown into floors or wells. Poured-ice
use to improve eflidency and savings. loose-M to made from ceNceio fiber,
The Energy Standards ngnire ouch Additionally, insulation helps to sotmd- rock wool, fiberglass, granulated Dort.
thermd Improvements as the imtallation prod. Docause it is usually fin resbtant, vermhatllte, ds& and other fiber. It Is
of 6sauladon sod storm door and (foots may serve a a detmat to the rued to hinder ootioiabed eetle floors.
windows only If It b coat-effective end spread of fire. BWW04 looue-M Is made from 081100-
feasible to do so. (Sae Cis 2.) U the ksk fiber, rock wool, or fibers!eras. It Is
_ _ - -d eb"kadoo regah the The type of Inniatlon end the ben used to Waldo u~ob6d aWc floors,
=74 Interior or "tenor walls, Iaeta Won metbod may vary 6uas one fad" attk floors. and finbbd (tame
adoup, orfloor coverings, the bmd of case to aaodw. The kve(of eQecava walls. it can be poured bw the acre: of
hunch loo may need to be op or 4a 4 V It oars of as Insulation material is stated as masonry block:. LomM Eaaulatfon is
invdvee repladag window usbas or Its Itaalm. &vdw s the degree to the beat type to use for Irregularly
similar eatendve repeats, storm wbxbwe which a mated e b abie b nwist brat spaced jobb or niters or in areas where
red doors may duo need to be added flow. Tax higher the material's R-v", then an many obrauakor: If an
the greater Is ke ability to Woulau. alsting wall bee my budatim, or if a
Although the Energy Standards op)y building materials a well as ioalao'an vapor barrier doers not az ist, or if ad
requka that these measures be taken to materials have di farent R-value. Tltess being made moeadMR, tLe Eaergy
the pa of the baiidiog be* mhobifl- must be oonsideted in determining the Standards do not ngcdn bbwkng or
wad, ieosidetatLo abould sbo by teal thermal resistance 0(A bull * pouring addkionsl lawletioo
g~en to adding houladon In aafce sad
IstaOiog alarm doors and windows
when and wbenewc It is out-affective. *M is required if coat-olocdve and aTbe U.S. Consumer Product Sal.' J
wbea rebabilitatfon involves that CcasmWloo bas Waned the use of
eRs"Ited only Etas ectlve. portion of the building to be insulated. k maldsbyde foam Issaktien.
Ig Appfytag the Cat-Edeedve Eana SM*darde Is ReMblJltadoa hejetu
~+FM P
pWWM
40 3 -
For those reasons, the Energy Standards Although not required if the structural Most insulation packages list the
require reptseeme t HVAC systems to component is not affected, such improve- It-value of the contents in compliance
have h O cmd*m7 systems and burners menu can save a comiderabte amount of with Federal Trade Commission (FTC)
the, are not oversized by more than enagy and reduce fuel costs signifi- regulations. However, for Insulation
I596. A competent hnsullatios MUSIC- candy. previously installed, the R-value can be
bon can determine which system Is most estimated by fast measuring In inches
efficient for a reeideace. In most Circumstances, if the energy the thickness of the insulation. This
savings do root pay for the required im- figure is then multiplied by 3.0 for an
TLe effiieteney of a system is oRea provements over either the term of approzim le R-value.
affected by its size, relative to 11W the ban or the useful We of the improve-
hodhag seeds, as well as by any ment (whichever is shnner), the im- There are several types of insulation;
lunges made to save fuel. Any energy- provement should not be made, (See bans and blankets , loose-fill, and rigid
coneerAn improvement-such as in- Chapter 2 for procedures to determine board.e
pailial Inenladon in ceilings and watts cost-effectiveness.) gas and bLaket Insulation, like most
or adding storm windows-call cause a
a
basting good system to become ovettize~ fin ad adequate level of iaSUlatios will fiben, eiither pr~oceis me& of ssed mineral
fiberglass or rock
a good Was to rechedt the system
making modifieaioas and correct any benefit a bouse or building in many wool. Batts and blankets are used to
ovenizing. Ohl or a" system POU can ways. Insulation slows down the rata of tmulau unfinished attic floors. un-
sometimes be repaired or replaced at beat conduction, keeping heat is living finished attic ceilings unfinished walls,
minimal ~ and expense. For In- arena for Ioager time periods. As a and the underside of doors. This type of
ounce, tare amount of fuel ooesumed by result. leas beat is used in winter and air insulation is but suited to a standard
an oil knace may be reduced as snitch cooditiosers usually operate for sb ocler joist or rafter spacing of 16 or 24 Inches.
r 2096 s m7aidnl a faulty periods in summer withal eacrifidsg Both bdu and blankets Dome is widths
btutsa acute or lastaliiag a Smaller eomloet. .of 15 and 23 Inches. They are avail&l -
am Akboagh modifications do sot either with or without a vapor barsir
ngtdre replacoment of the entire HVAC Adequate iooutstion may also affect the ba klag Batu generally come in
~h~y are cart-aective efficiency of and cooling systems aectiens 4 or 1 feet long. Blankets come
aosbouM be cc ssid and permit "dowsslzias" For lastasce, In long toils that we an to the dulmd
non aftidem Harasses, fiunaee flues, air length for instslldkxL
coaNkmers, and duct systems may be
ADDITIONAL ENERGY lastailed. Smaller, more efticlaot units or LaowM fasslattea Is ekber poured In
OONSERVAlION 1KEASUPS' downsized nozzles may be possible to or blows Into Own or walb. Poured-in
use to improve effidency and savings. loose-fill Is made from celbutoalo fiber,
The Faargy Staadatds squire ma Additionally, Insulation helps to sound, rock wool, fiberglass. granulated cork,
t6ateal kmprovsawts as the iapailatloct iosul Because k Is usually lire resistant, vermlalite, stag, and other fiber. It Is
of lmasladoe and worm door and salsa may use Y a detesrest to the used to insulate nofimisbed stage floors.
wiadswx say V It Is coet-OfiNve and Wroad of Sm. SkPtiow 0 win m is made ftom court.
halbie to do so. (Sae Chapter 2. If the b fter, rod wool, or Bass. It is
propaed nbsbWtodo;=Z, - dw The type of insulation and the beat used to Insulate tmMtahed floors,
teasoval d lntuia or butelletioa m tbod may vary from one finished tole Goon, and finished Mme
oailinla, a hoar ooved p, the lord of case to another. The level of effective- walls. It an be poured into the cores of
balasion may need to be trp9 114 Ir it ow of an insulation material Is paled a masonry blocks. Laose4iil lnsulaion is
ln►oivex rspiecieg window uabu a Its R-value. R-valm is the degree to the but type to use for irregularly
Wm9w sstecal" npeirs, worst wiadowa wbich a material is able to roaW hest spaced Joists or rdtm at in areas where
ad doan may elan rrwd to be added. flow. The higher the materials R-value, there are many ob wuctlcw.: V as
the mater Is its ability to iosulato atixtiog wdl has any insulation, or if a
Although the Energy Standards osy ~n~ Ours gals as well as laett;dm vapor barrier duel tat exist, or if not
require that tbeu measures be taken Is mauriaL have diltereat R-values. Tbeu being made tacudmo, tae Eowv
that Partin of the building being rehdd- roust be considered ins doutrminlag the Standards do not mgWm bowing or
Iated, ieceiderattos shodd also be foul tbermal resistance of a brrll&W wiftti d Insulation.
ghee to sddfsl lrteadetioa is ad" and
koataRbg Stavin doom sad windows ;
wbue and wbeaever it is cost-aQeathe. OM is required if oostegective and OT M U.S. Coasumw Product sa.. J
wbes rehabilitation involves that Commialm has h waned the use of
$Rmph-*d only If cost-effective. fortlcm of the building to be insulated. fon n"Isydo foam Istnlaioa.
11 Appb* the Cost-Efteed EuM Soda & Is Rehabiliudes hv*"
st,darfu. 9 3
As loose fdl laulatlon, cOhdosteJtber dead air space between themselves and A number of types of storm windows a
has opproximstely 3096 more insulating the primary door of window. available. e
value thin rock wool for the same
number of inches Instilled. It is Storm doors and windows may be Siogle•pene glass, plastic sheet, or
chemically treated for fire and moisture it called in several ways. Make-h- rigid plastic storm windows are easily
resistance. Check the bap, which should yourself door and windows are assem- installed in the fall arid rcmoved in the
be clearly labeled to show the material bled by the bomeowner and then spring.
meets federal specifications for rw-e insta:ed. Ready-made doors and win-
rnistane4, down come already assembled and are Triple-track glass or combination
purchased lo the most suiuble sue. storm windows an used for double- i
Rigid board teselsdoe is made hom Custom-trade door and windows are hung or sliding windows. These come
fiberglass, polystyrene, and polyure- specially made to the exact measure- with screens and can ba easily opened
thane, it Is usually 10 to 24 inches wide menu. Custom-made windows and and closed for ventilation. (Doublt-trac
and 48 inches long and comes in a doom ft best and last longer than the units witbout screens are available at
variety of thickness" with a high other types, but they an more ex. lower cost) if installed properly, plasti
insulating value. This type of insulation pensive. Regardless of the type Installed, storm windows are as effective as glass
< Is In basement wells, on the outside of storm doers &W windows ssbouit well ones.
stud was as sheathiog, or as perimeter anal be properly caulked and weather-
Insulation on masonry wafts sod in stripped. MOISTURE PROBLEMS
cathedral callings. Polystyrene and
polymrethane rigid board lmstilled on the . If It is not posses to install storm door
inside well surfs" roust be covered by and windows throughout the budding. After tborou6bly insulating and weathe
%.Lech gypsum wallboard for fire they should be installed no the sides ixximg a house, moisture problems could
roshusee and sbould be installed by a facing north and toward the prevailing o= because all the leas through
reputable concsctoc. winds. where they will be moat cost- which moisture could escape have beer
effective. [n existing bouses, storm closed off. In the home, people generat
Starts Dome and WindowO windows tend to be more ooet-effective moisture from bathing, cooking, and I
A rehabifhadoo specWist will determine tiro double-pane w(adows for two body had. There is always moisture in I
21bet tin applkadoo or stoma doors reasons: Tbey reduce air Wiltration the air. The trick Is to stop Is heoi i
windows is feadbls sod cost- around the window sass, and they are coodens4 vapor barriers and vendla i
effective. Storm wiream are usua0y a lee expensive to instaA. tion we two simple answers to this !
good idea. However, thm layer coif potential problem-
window glass are not noommeoded.
Thra t„,on lace cm~eedve only Flpn [ FLOW OF MOISTURE IN A BUMITIO
who
iluodeor wbo tbbeos h Is we double-
complulyr OUTSIDE INSIDE
replsad. [f the sash Is raced.
instdlatime fames should be Lost" in Co
a Ale Warm Air
narycold are".
A storm does or thermal door Is WARM VAPOR
recommuoded ilthe primary door is BARRIER
boll w-com or ff it lsmot them 2396
glass. A norm door is a ow door that Is ~
r mads FLOW OF
n thermal. r~ IIA dlh~se~ydoodoor. A
with MOISTURE
In place o(IIM primary does is tnstatled ..E- -E-
Storm doors and windows reduce best Exterior Sorface COLD VAPOR
has laid air ioNvuioo by creating it BARRIER
Iasolsdos
i
sTbis Is required only i<oostefferxive
anal when rehabilitation Involve that
portion of tbs bouse.
s Applying the Cat-ECeesla Eeargp Standards Is Rahsbilltadoe Projects
.tor
4
or. taNo 01
..1a•~-/•94
6 Vapor Barriers Conmh an energy auditor or rehabilita- saving Improvements to a reb bde 'A
A vapor baffW is it specially treated don specialist for the proper use *(vapor dwelling.
paper, thin plastic sheet, of low butlers in ceilings.
perme"cc paint that prevents condemn- Examining a Slogle-Family Hoaps
tins or water vapor inside a blouse. The Ventilation The Owners of a 51004 may home In )
term "vapor buder," which Is coom• proper ventilation In att[a Is Important Boston have applied rot a Section 312
monty used le eansvuetiae4 b somewhat to remove exeees moisture ft m the Rehabildtatlon Loan. They have been
mblaading Vapor barriers do not house. If an tai: has Insulation but no told that they are eligible rot a loan at
completely bas the transmtasioo of water vapor barrier, a good rule of thumb for 3% for 20 years. A rehsbllitation
vapor. They an smaly vapor-eesmant determining the minimum ventilation specialist has undertaken an energy i
membrane that shouts have a vapor area is to take the square footage of the review, and has obtained the following
perm"" (the rata that moisture can floor area of the attic and divide it by information.
pea dim I mstaiab) of not Marc than 1 50. Thus a 1,50squue-root attk .
one penrt see Glossary). For this should have 10 squall feet of dear, • Heating ail at S LOS per gallon is used
teasers, the term "vela retarder" is unobstructed ventilation me (1,500+ to heat the bouse.
oft o wed rot vapor barrier. 150 " 10 K R)• E the attic has both • Electric air-omdWoning at $0.08 per
Iasuladon and a vapor barrier, find the Kwb is used to cool the house.
Moisture generated Inside tries to move ventilation area by dividing the floor ■ Boston has a total of 5,634 heating
out of the building. (Sts Figure I area by 300 (tat ex ample, 1,500 + 300 degree days.
Vapor barriers are important because 5 sq. rl.) a Bo" has a toW of 800 cooling
they atop fhb moisture in a warm area hou".
where It will not condemn. For this Ank ventilation worts but with two or ■ The =ad ailing insulation has a
rwoa, vapor battlers should be applied More YOU to permit circulation of air. If value of R-2. There It no insulation or
lot s 9; rboud or drywtll of a wall ibis nse a high and a low vent-for • barrier lathe walk and no insu-
a read to ealatiaiaarlattan sad exk, an nave a soffit vast ed the latim m the tins ova the basement
oa the warm aide ofMoor bottom of the taofliae sod • gable a
aetxiooe aver txawl spans. ride veal In the upper part of the roof. The rehabilihdoa sped" abo notaa
that the basement and attie were not
N addidnd Insulation is put In, be sun bubd and the wbodows are all single-
theta canoed vapor berrkt Is not applied CASE STUDY glazed. No replacement of medmical
betwemu layers of kouladoo. A aeeaod ~qu~t b rsoommended at this time.
Yaw beerier would trap moisture The following case study Is Intended to V IOS tNt information and the ca1cula-
been bayen of imuladoa and show bow rtUbilitation specialists lion tam" show si in apt 2, tlt-
evea4tally tuba IL Mobtnte that Is determine the best application of emgy tehabtlitadoo sped- UA drrmlops the
tr within a builft wail could also roilowiog summary cm t
cow *A Wucwd mrmbm to tot
SUMMARY CHART
a Location Baton, Massachusetts
■ Secdoe 312 lA&Witation Loan imov
(Frnance tams, 20 years 4 3%)
ELTYPS
satin Q Sl 03fgal FU ® SOJSGAS Eleetricity
$0.08 KwI%
hberm Q
CANP"M
Ca" R-38 R•38 R-39
Floor IF19 R.19 R-19
wall R-13 1W 3 R-13
01641114 Double Double Double
poor Storm cc lbamal Storm or Thermal Steno or Tham tl
20 APNydB do Cesl-E11Asedn Emera SWdwh M Mrabtlhado t FMIO90
Mal
tl
~ •.rr31~n n! L~ -Q -
i eo~~ 66
Ptanolag the Rebabbitatloe heat loss, it Is not as effective at reducing In the Bank or Up the Chlen ?
The proposed rehabilitation Involves the air irt8ltradom as storm windok. (Department of Housing and Urban
removal *(coverings for three exterior Therefore, storm windows should be Development, Aprtl 1975, 72 pages).
walls and most of the ceiling. Removal applied to all windows. 'This guidebook provides simple, detadet
of thoe floorboards over the unheated instrucdom for either contractor or do.
basement will also be necessary. Door. The proposed vestibule pre- It-yourself lastailWoe of caulking,
Replacement of the primary storm venu the need for a storm or thermal weatherstripping, storm doors and win.
tubes Is contemplated where exterior door at the kont entrance. However, for dows, and insulation (attics, floors, and t
walls will be removed. A vestibule Is side and back entrances, storm or walls). (Available from Superintendent j
planned for the front entrance, which themnal doors should be InsWled. of Documents. U.S. Government Print.
should help to conserve toergy. ing t)fHce, Washingtan, D.C., 20402, i
Boildlag Eavelope. Caulking and Stock Number 023-000-00297-3. Priu
Applying Eat gy-Saving Improve meats weatherstripping should be applied $1.70.)
Given the proposed rehabilitation and wherever it is nonexistent or Inadequate.
the recommended energy-saving Im- Sinn the building is located in a cold Another excellent resource for free
provements, the rehabilitation specialist climate, a durable elastomeric caulk publications on do-tt-yourself weathari•
can make the following recommends- should be applied Spring bronze zWoo wd mignes is the Rnidentiai
tions concerning the applicadoo of weatbe slipping Is recommended for Energy Services DDe~ppartmenu (or a
Improvement,. door and windows alma is b the most similar eoasumterariented office) main.
durable type. aimed by most local utility compudes.
CaBiags. Ahhough the ceiling does
not have a vapor barrier between the
rock lath and current insulation, if RECOMMENDED READING
s ventilation is provided, a vapor
barrier can be omitted. Sim the Several westberizadoo guild are avail-
moo meoded insulation level Is R-38 able to help make homes eWr
and the current insulation value Is R-2, efficient. The following three booklets
't'able 6 (page 12) indicates that as much are particularly usefaL
insAWM u possibit should be added
up to the R-38 kvel. Thus it Is oast- Insibda Maaaalt H*@sWApwt•
efteed" to add approximately 9 inches ownts. 2nd Edition (Prepared by
d bail and blanket Insulation up to the NAHB Foundations, W., Rockville, i
depth of the structural member. Maryland. September 1979,148 pages).
This detailed guidebook discusses all
Wells. Stove tau tataior raper boric aspects of iaalatioa A variety of
and to Insulation currently exist, an InVAIIatioa techniques are coveted,
effective vapor barrier and ioadatiao moat otwhich assume some buts
shmM be installed up to the level of R- knowledge of construction on the part of
13. Laoee-1111 or bats and blanket the reader. (Availably hum NAHB,
Insulation could be used Wbliesdoo Order,1 Sib ad M Streets,
N.W., Wa Nngtco, D.C.. 20005. Price '
FUN (One Uabeand span). The $10.00.)
recommended ftaulation level of R-19
coo be achieved wkbkt the depth of the How to San Moan by I anladel
joist. Howwer, dw to the preaeace of Yaw Hoess. (Federal Eoergy Ad-
ekctrical wtriog,p~, rod bracing In mtiatstruioa, National Minas] Wool
the basement cet1 n3 tie instAstiea of A.soeiadoo, foe., September 1974,16
Insulation might oat be cost•efeedve. pages). This well-Ilhutraed gelds dis.
lostallation ooet~;timates sbouM be cats, -tor Woa technique; fur
reviewed before a decision Is made. weaa. ~PPbg and tauldog u we0 u
lusuledoo. (Available hom Office of
Wlsdows. Sims the primary tubes Westbedudoa. Department of Faerp,
for windows an three walls an going to Weshingtoe, D.C., 20461. Also avaaiil
W replaced, doable- or aced able ham National Mineral Wool
wk&sn could b0 addedVevat, Atsocisdoo, lac.. Summit, NJ., 07901,
whlia double-giaing nduoea oooducd%t Price 300, discounts for large ordaro j
r Applyfog t!e Gnl-Effeetfn Eangy Standards In Rebabllltetloa Projects 2
i
i
R i
A:pdaNo._.g " 03-
Aq 1,id3'te
ppendlx 2
6
ar~10~ ~TIN6 MOUSIN4/PR1X38A8
h
8-882.309 Housing quality standards - Bearing used in this program shall most
the Performance Requirements set forth in Cr1~~ria set forth this
the housing shall most the Acceptability proposed by the PHA and
section exLept for such variations af~i• conditions or local
codes var are bexamples which may justify such variations.
(A) Sanitary facilities - (1) Performance Requirement. The
ich
dwelling perating condition, can be usodliniPrivacy,hand
arts in proper to
era adequate loAc~ptabllitya Criteria an, Ahflushotoil t In a of human
waste, a taxed basin with hot and cold running
separate, private room, ~
water$ and a sbower or tub with hot and cold running
shall be in the { condition rsTh se facilities l +h ll iutiliall s in pap roved public
or private disposal system.
~i (d) a Preparation
The dwelling Refuse unit shallsacontain Psuitablec spaece land
I squipmsnt to store$ prepare, and serve foods in a sanitary itie
services got
manner. sanitary disposal~of lfoodtwasts. andsrelus, including
the sanitary
tac rarY storage where necessary. (2)
Acceeptabis ptability for Crit temioeria. opThe erating conditions cooking
lstavefor
equipment in proper
range and a refrigerator of appropriate site for the unit,
supplied by either the owner or the family, and a kitchen sink
with hot and cold running water. The sink shall drain into an
g of ~ hall ~bec for the
approved P eparation and rivate system.
s diary dispo~ 1 of food wafts and refusr sincludingervices
for temporary storage where nec%ssary (e.g. garbage cans). k
(C) Space and security - j1i Performance FteViromont. The dwelling
space and security. (2)
unit ■hall afford the amity adequate e
Acceptability Criteria.
A living room, kitchen area, and bathroom shall be present; and
set one the dwelling unit shall contain a~iceelor ea h two pee cnar j
living/slsping room of appropriate
exterior doors and windows accessible from outside the unit
shall be lockable.
The
(D) Thermal invirormnt - (1) Performance Requirement.
dwelling unit shall have and be capable of mainta c pta
thermal environment healthy for the human body. 12) A i
ability Criteria. The dwelling unit shall contain safe heat nq
and/or cooling facilities which are in proper operating
condition and can provide adequate for h oclimatento assure
room It the dwelling unit appropriate
oil or i kerosene are unacceptably room heaters which burn
qhealthy
(l) Iilumination and llectricity - (1) Performance Requirement.
lath room shall have adequate natural or artificial illumina-
AMOOSCI
Irv
i N
r
9 3
R~3nd3ldo C~•
F,nda to 9N
tion to permit normal indoor activities a to support theme
if health and safety of occupants. buflicientCoUctrict4-sovtesT
shall be provided to permit use of essential a Uctrical 38d~ a {
appliances while assuring safety from firs. (2) Acceptability 66
Criteria. Living and sleeping rooms shall include at least one
window. A ceiling or wall type light fixture shall be present r`
and working in the bathroom and kitchen area. At least two z
electric outlets one of which may be present and operable in
the living area, kitchen area, and each bedroom area. ppp¢
(r) Structure and Materials - (1) Performance Requirement. The
dwelling unit shall be structurally sound so as not to pose any
threat to the health and safety of the occupants and so as to
protect the occupants from the environment. (2) Acceptability F
Criteria. Ceilings, walls and floors shall not have any
serious defects such as severe bulging or leaning, large holes,
loose surface materials, severe buckling or noticeable movement
under walking stress, misalnq parts or other serious damage.
The roof structure shall be firm and the roof shall be weather
tight. The exterior wall structure and exterior wall surface
shall not have any serious defects such as serious leaning,
buckling, sagging, cracks or halal loose siding, or other
serious damage. The condition and equipment of interior and
exterior atairways, halls, porches, walkways, etc., shall be
such as not to present a danger of tripping or falling.
elevators shall be maintained in safe and operating condition.
In the case of a mobile home, the home shall be set-urely
anchored Dy a tie-down device which distributes and transfers
the loads imposed by the unit to appropriate ground anchors so
as to resist wind overturning and eliding.
(a) Interior Air Quality - (1) Performance Requirement. The
dwelling unit shall be free of pollutants in the air at levels f
which threaten the health of the occupants. (2) Acceptability
Criteria. The dwelling unit shall be free from dangerous
r
levels of ale pollution from carbon monoxide, sewer gal fuel
gas, dust, and other harmful air pollutants. Air circulation
shall be adequate throughout the unit. Bathroom areas shall
have at least one openable window or other adequate exhaust
ventilation.
(M) Water Supply - (1) Performance Requirement, The water supply
shall be free from contamination. (2) Acceptability Criteria.
The unit shall be served by an approved public or private
sanitary water supply.
(1) Lead eased Paint - (1) Performance Rsquieements (i) The j
dwelling unit shall be in compliance with MVO Lead Based Paint
regulations, 24 CPA$ Part 35, issued pursuant to the Lead Based
Paint Poisoning Prevention Act, 42 V.B.C. 4801, and the owner
shall provide a certification that the dwelling is in accor-
dance with such MVD Regulations. (ii) If the pr rty was
constructed
prior to 1950# the lmllY upon ooze uaY osphe
all have
been furnished the notice required by MUD Lead Based Paint
i regulations and procedures regarding the hazards of lead based
paint poisoning the symptoms and treatment Of lead poisoning
and the precautions to be taken against lead poisoning. (2)
" <l Acceptability Criteria. Same as Performance Requirsmentss
(J) Access - (1) Performance Requirement. The dwelling unit shall
be usable and capable of being maintained without unauthorized
use of other private properties, and the building shall provide
an alternate means of egress in case of lire. (2) Acceptabil-
AAA005C!
.A/,.
loom
~endaHo 9 ~ O ~ ~
w; A Criteria. The dwelling oast •hall(bOusablt dae c O 1• oY
being maintained without unauthorised use o of or pr vats
Properties, and the building shall 3 90 66
Of egress In case of fire. provide an alternate means
(K) Site and Neighborhood - (1) Performance Requirement. The site
and neighborhood shall be reasonably free from disturbing
noises and reverberations and other hacards to the health,
safety, and general welfare of the occupants. 12) Acceptabil-
ity Criteria. The site and neighborhood shall not be subject
to serious adverse environmental conditions, natural or man-
made, such as dangerous walkst steps, Instability, floodLng,
poor drainage, septic tank backups, sewage hazards or mud
slides) abnormal air pollution, smoke or dust) excessive noise,
vibration or vehicular traffic) excessive aor,.,bulationa of
trash) vermin or rodent infstation) or fire hazards.
(L) Sanitary Condition - (1) Performance Requirement. The unit and
Its equipment shall be in sanitary condition. (2) Acceptabil-
ity Criteria. The units and Its 1
vermin and rodent infestation. equipment she 1 be free of
(N) Congregate Housing. The foregoing standards shall apply except
for paragraph (b) of this seotion, rood Preparation and Refuse
Disposal. In addition the following standards shell applys
{
(1) The unit shall contain a refrigerator of appropriate
4 12) The central dietsag faaili!
y (and kitchen lacility, it
any) shall contain suitable s c•
r pa and equipment n ether,
proper* and serve food In a unitary sunner,,and there
stall be adequate laollitiee' and services for the.
' sanitarryy disposal of food wastes end refuse/ including
facilitias for temporary storage where necessary
garbage cans).
1
AAADCSCe
j
4S
s
WcwYy
1
It
I
Appendix 3
Revised 09/07/94
QUALIrYINO INCOKI LIMITS AND RANOHS FOR THC CITY Or asITTONrB
j
YRDERALLY ASSISTRD PROGRAM
E
r
nom RAMS AND LOAN IKSOR1PPloM FOR 119 SOBO MUR RSSASILIU ION PROGMN ~
FAMILY SOt PAYABLE LOAN/ 251 PAYABLE IRAN/ 2kt PAYABLE LOAN/
SISS 50% DEFERRED LOAN 751 DEFERRED LOAN 97k1 DRrRRRSD LOAM
1 $25,600 - $200001 $20800 - $160001 $161000 - OR BELOW '
11r300 - OR MOW
21 790 - - $2J0791 $
$ ► $160301 2 $29t250 3 $320900 - $260716 $2607!5 - $200551 1200530 - OR allow
1 $360550 - $290706 $29,705 - $22#651 $220850 - OR BELOW
- S $39#500 - $]20111 $320110 - 121,701 $240700 - OR 11IL0N
6 $!2#100 - $340451 $310430 - $26#SO1 $26#500 - OIL Blum
7 $IS0350 - $3600#6 53608#5 - $200351 $280350 - OR BELOW
4? t „ 0 $(80250 - $b90196. 5390195 - $300151 $300150 - OR BSLQM
f n Mn !UO-PXM IAM CARSOORIE S S'Ett #
' rAYABLR LOU IS BASRD ON A PERCENT or TNR TOTAL COST TO RIBABILITATS NITS PAYMINTS ANORTISRD OVER A 10-YEAR
FIRIOD 4130 NINT20) AT A TS1EE PIRCRNT INTIRIST RATS (APR),
A, eDNT LOAN IS BASID ON A PRRCINT Or TEN TOTAL COST TD RINABILITATR AND CARRIES A ffRO PERCEI'1'
INiIR=ST RATED TE DZnRRID PAXMNT LOAM CONTINUES UNTLI. TES APPLICANT SATIOrIRS TBI CONDITIONS LISTED IM TEN
'
~.I PRONISSORY NOTE (EXECUTED PRIOR TO PROJECT START DATE), THEN ARR NO MDNTBLY PAYMENTS. DEFERRED PAYMENT LOAM
ARE SICUPED BY A LINN ON TOE PROPERTY. TER LINN IS FOR 120 HOME (10 YZARS).
OA i0o 11
h b- ep y
f
` h ON 0414
' _,__....~......y..«"-.rceh..1.w..o.4a.+a:e.iS.tlii+Iw~4i.iYYh•'..
i
~ ~ ~QendaNo e
Age~lalle ;
0
Dana
qdl
j 66
'k
4
''STiMARDS OF WORKMANSHIP I '
p i
Y"
r ~
x~ t
u ,r ~ t
.
i C1
l;dtr 4
'1 v+
~ i~~~ ~pyaal
ir,
.1 .
I
I
I
i ~
wl~e■■■
AgendaNo 9 L .
Ageada!SeO , 4 ~1
STANDARDS OF WomANSBIP ~''8
GINBRAL SUCIFICATIONS - 1.0
IND x
S P19! I!~ p
I. Foundation VII. Windows
1- Leveling 1 1. Wood units
3. Cres~~thhoole Door 1 2. Aluminum units 7
1. V~ntllatLon 1 3. Window Screens 7
4 Reputty
54 Floor Framing . window ndow g
6- floor Joists 2 S. window Glass
2 6. Replace Sills 8
II. Walls (exterior) 7. Weatherstripping a
1. s 8. Storm Windows g
M. ROPLACS Stud Wall
r 2. Repair Asbestos aiding 2 VIf2- Xxt•rlor Trim
3- Repair comp. siding 2 16 All Bxterlor Trim a
4. ' Straighten Wa11s 2 2. Masonry a
S. .Rep, see`Siding 3
II2. Porches Ix. Finish floors
1, RamovaY 1. Wooden
3 2. Tile installation g
e 24 >.Replace Wooden Flooring 3 3. Carpet g
3. Wrought Iron 3 ;
~f c 4. 'Hood columns 3 X. Walls (interior)
S. Concrete Porch 3 1: Dry Wall Products 10
6. 4toope 4 2. Wainscot
d 7. at•ps 4 3- Ceiling Insulation 110
0 r"..
,Handrails 4 4- Ceiling Finishes 10
9. 'Guardrails 4
xI- Mill work
IV. Walks anA Drives
Balks I. Material it
2. 'Drivewa s 4 2- Workmanship it.
yy
3- ApproYches S xli. Painting 1
Material
V: Roof 11
2. General ReVUicents 12
r 10 Level 5 3. Preparation of Surfaces 12
24 Decking S 4. BxterLOr Painting 14
30 Gutter and Downspout 5 S. Masonry Painting 24
S. Ropatr Oomy. Roof Y S 6. Interior Painting 14 {
"'48 a 6. New 61" t-u f 5 7• Caulkaulking ng 14 p o. Application 1S New
- veold 5 New ove
ld S xIII. finish Hardware
All Work 6 1. finish Hardware 1S
iii. Doors
xIV. Miscellaneous
to 2xterLor Doors 6 i. Counter tbpe 1S
2. 7reme 6
rhr••hola 2, Attic Vents
6 3- Mechanical Ventilators 16
1. All New 0 ntng• 6 4. Vent-a-hoods
l' 64 Remove a rose 16
Op•aing 6 S. Guilt-!n■ 16
6. Wooden Screen Doors
7
6.
Attic fnw
76 Interior Doors 7 7- Clean up lation 16
S, Store Doors 7 9. Site Drainage 16
,
'i
{
,
x Agellgau0
p9e^4atte ~ p`y
zu P.°• M~~p-----2db 66
IV, Plumbing
1. Bathroom Accessories 16
2. Heating 16 a
3. Air CondilLoning 16
4. Plumbing Lines 17
S. Septic Tanks 17
1CVL llaatslCal
10 `ilectrical Lines 17
r YVII. energy Conservation
to Door and windows 17
2. O0ppeenings 17
t 3r ,Pipg Insulation 17
Ir Duct {nsulation 37
5 S. Desigqn Insulation 17
6. CGl3tag Insulation 17
wall insulation is
XVIIIx span Tables
aai 1. Ceiling Joists 19
T 2.. hatters 20
3.."floor'Jolsts 21
004struotion Code Into 22
2r' _Safety standards 23
iJT~}Y ;ti F p}F`
i
i
, , s r4 .
r
1
ApfldaNo q '
A&~ Ga!te , ~ .q
G,NEUL SPECIFICATIONS
d6d
TRADE NAMES: Are used to establish a guide as to quality and type
of material required.
MATERIALS: Shall be new, in good condition and of standard grade
unless otherwise specified.
REPAIRS: Where repairs of existing work are called for, the
feature is to be placed in "equal or new" condition either by
patching or replacement. All damaged, loose or rotten parts shall
be removed and replaced, and the finished work shall match adjacent
work in design and dimension.
IMPLIED WORK: Work specified and not shown on drawings or drawn
and not specified will be executed as if fully described by both
} methodsl and any work or materials which are not directly noted in
the specifications or drawings, but necessary for the proper
E carrying out of the obvious intentions thereof are to be understood
I as implied work and will be provided for by the contractor in his
proposal as fully as if specifically described and drawn.
EXAMINATION OF PRL'ISES: It is understood and agreed that the
Contractor has by careful examination, satisfied himself as to the
nature and location of the. work, the character and quality of the
materials to be encountered, the general and local conditions, and
all matters which can in any way affect the work under this
contract. The proposal shall be based on the plans, specifications
and contract documents supplemented by the conditions it the site.
REMOVAL OF PORTIONS OF THE STRUCTURE: Removal of portions of the
structure shall be done in a workmanlike manner with a minimum
+ amount of damage to the remaining portions of the structure.
I. 'MUNDATION
1. LEVELING: Shall be done in accordance with the
building code.
2. SKIRT: Shall be constructed of conforming materials
with 8 inches 2,1 or 2,! gauge galvanized flashing with
2 inches overlap on bottom of skirt and extended into
j ground.
1. CREEPHOLE DOOR: Shall be hinged and constructed of
such rodent proof material as to conform with founds-
tion skirt, and shall be adequate site for entrance to
crawl space. (Size: 24 inches x 24 inches hatch _a_nd
stns).
4. FOUNDATION VENTILATION: Under-floor areas shall be
ventila4^1 by openings in exterior foundation walls.
Such openings shall have a net area of not less than
Standards of Workmanship - Page 1
CAM
q;erdaNo W '
Apsc~a?is
I Cato 1 • q y
1 square toot for each 150 square feet of under-floor
area. u LlogM
Openings shall be located as close to corners as
1 practical and shall provide cross ventilation. The
required area of such openings shall be approximately
equally distributed along the length of at least two
opposite sides. They shall be covered with corro-
sion-resistant wire mesh with mesh openings of 1/4
inch in dimension.
5. FLOOR FRAMING: Replace all rotten or deteriorated
flooring pieces with a standard grade material. All
materials should comply with existing codes.
6. FLOOR JOISTS: Reference specifications as noted on
Page 20.
l
II. WALLS EXTERIOR
1. WALL FRAMING: Replacement studs shall conform with
existing wall framing. In the event an entire wall is
r, added or replaced, the following criteria shall be
applied: stud grade 2 x 4's located at load-bearing
walls shall have a maximum height of 10 feet, shall be
spaced a maximum 24 inches OC, supporting roof and
ceiling only, shall be spaced a maxwun 16 inches OC
supporting one floor, roof and ceiling. Stud grade 2
x 4's located at non-load-bearing wells shall have a
maximum height of 14 feet= shall be spaced a maximum
24 inches 0C. Utility grade studs shall not be spaced
more than 16 inches OC nor support more than a roof
and ceiling, nor exceed 8 feet in height for exterior
walls and load-bearing walls, or 10 foot for interior
non-load-bearing walls.
2. REPAIR ASBESTOS SIDING: Replacement shall be conform-
ing pattern, type and color. If unable to match the
structure shall be painted to make color conform.
3. REPAIR COMPOSITION SIDING: Replacement shall be of
conforming pattern, type and color. If unable to
match, the structure shall be painted to make color
conform. Asphalt minimum weight 105# per square,
i insulated composition minimum weight 225# per square.
4. STRAIGHTEN WALLS: Walls shall be straightened by
removing necessary wall boards (either exterior or
interior) in order to work wall framing to a straight
and even plane. Replace such structural members as
required and brace properly. Reinstall siding and
other components in a workmanlike manner. Caulk all
g t rior ioints before g ing.
Standards of Workmanship - Page 2
i
AAA
1
iDendaNo 4 • S
{06ndalte
5. REPLACE SIDING: All wood siding shall be D grade or
written approved equal material. Siding shall have a
minimum thickness of 3/8 inch unless placed over
sheathing that has an ICBO (International Code of
Building officials) approval. Siding patterns known
as rustic, drop siding or shiplap shall have an
average thickness of not less than 3/8 inch. Bevel
siding shall have a minimum thickness measured at the
butt section of not less than 7/16 inch and a tip
thickness not less than 3/16 inch. All weather
boarding or siding shall be securely nailed to each
stud with not less than one nail, or to solid i inch
nominal wood sheathing or 1/2 inch plywood sheathing
with not lose than one line of nails spaced not more
than 24 inches OC in each piece of the weather board-
ing or siding. All fasteners used for the attachment
of siding shall be of a corrosion-resistant type.
III. PORCHE,g
1. REMOVAL: Shall be done in such a manner as to cause
a minimum amount of damage to the remaining structure.
Adequate bracing and strengthening shall be done as
(i necessary for the main structure after removal.
i 2. REPLACE WOODEN FLOORING: Flooring shall be of tongue
j and groove type, and preservative treated to prevent
deterioration unless otherwise specified.
3. WROUGHT IRON COLUMNS: Colonel Logan or written
j, approved equal.
4. WOOD COLUMNS: Shall be a minimum 4 inches x 4 inches ,
dimension. Columns and posts located on concrete or
masonry floors or docks exposed to the weather or to
water splash which support permanent structures shall
be supported by concrete piers or metal pedestals
projecting above floors, unless approved wood or
natural resistance to decay or treated wood is used.
The pedestals shall project at least 6 inches above
such floors. Individual concrete or masonry piers
shall project at least 8 inches above exposed ground
unless the columns or posts which they support are of
approved wood of natural resistance to riecay or
treated wood is used.
5. CONCRETE PORCH: Shall have a compressive strength at
28 days of at least 30001 PSI, knorste will be
deposited when temperature is 36 F or above and
rising. ~Qn rat shall not be deposited on frozen
ground. w`&+1t-ereA" nrnari y{*~ ~n nimua 6-6 X 10-10
wire mesh.
Standards of Workmanship - Page 3
m f
E11
apsada~ e~ S
6. STOOPS: Are to be constructed of such material as yob
conform with existing roof, and shall have all neces-
sary structural members required to form a structur-
ally sound unit.
7. STEPS: If steps are called for, they shall be poured
monolith ically, and shall have an 8 inches maximum
rise and 9 inches minimum run.
8. HANDRAILS: Handrails shall be required for stairways
having four or more risers and serving one individual
dwelling unit. Handrails shall be placed not less
than 30 inches nor more than 34 inches above the #
nosing of treads and shall extend not less than 6
inches beyond the top and bottom risers. "he handgrip
portion of handrails shall be rnt less than 1 and 1/4
inches nor more than 2 inches in cross-sectional
dimension or the shape shall provide a written ap-
proved equal gripping surface. The handgrip portion
of handrails shall have a smooth surface with no sharp
corners.
9. GUARDRAILS: All unenclosed balconies or porches which
are more than 30 inches above grade or floor below
shall be protected by a quardra!). Guardrails shall
be not lees than 42 inches in height. Open guardrail
and stair railings shall have intermediate rails or an
ornamental pattern such that a sphere 6 inches in
diameter cannot pass through.
1
IV. WAS DRIVES
1. SIDEWALKS: Concrete shall have a compressive strength
at 28 days of at least 3000 P.S.I. Concrete will be
deposited when temperature is at 36 degrees Fahrenheit
or above the rising. Sidewalks shall be reinforced
with a minimum single layer of 6-gauge mesh, 2 layers
of 10-gauge mesh, or 13 rebar 18 inches O.C.E.W.
Sidewalks shall have a minimum grade of 1/4 inch per
foot.
2. DRIVEWAYS: Concrete shall have a compressive strength
at 28 days of at least 3000 P.S.I. Concrete will be
deposited when temperature is 36 degrees Fahrenheit or
above and rising. Driveways shall be reinforced with
a minimum single layer of 6-gauge mesh, 2 layers of
10 -gouge mesh, or 13 rebar 18 inches O.C.E.W. All
driveways shall have a minimum concrete thickness of
S inches, with a minimum grade of 1/4 inch per foot.
Expansion joints, constructed from wood of natural
resistance to decay, such as the heartwood of redwood,
bald cypress, or the cedars, shall be placed at a
maximum of 30 feet intervals.
Standards of Workmanship - Page 4
ll Fr
f
~2nda~do -
Ck 1-i
4 rn~ f
M ~,a -14 4
3. DRIVE APPROACHES: Prior to beginning any wor a 66
public right-of-way, contact the Building Inspection
Department at 566-8360.
V. R=
1. LEVEL: Install sufficient bracing to remove and
prevent recurrence of sway and to maintain a true and
even plane.
2. DECKING! Repair by replacing detective sheathing
boards leaving new deck surface smooth and clean, and 1
1 adequately secured to structural members. Nails to be I
ed common or box for shiplap; all other 1 x 242
materials shall have 8d common or box nails and 6d j
common or box na.tls for plywood sheathing 6 inches OC
along all edges and 12 inches OC along intermediate
members for plywood. Plywood is to be sheathing grade
no long than 318 inch but be soma thicknone as exist
Floors shall be trimmed flush at any change in
elevation in excess of 118 inch.
3. GUTTER AND DOWNSPOUT: Shall be of galvanized metal
properly hung with 1/4 inch hardware cloth screen to
prevent entrance of foreign materials, and shall have
a concrete inches splash guard inches under the {
downspout. Minimum 2 sip anchorage 7 teat - o p
inches
4. FLASHING AND VALLEY MATERIAL: All shall be 26 gauge {
galvanized iron. Valley tin shall be a minimum of 20
inches wide.
5. REPAIR OF COMPOSITION ROOFS All missing or broken '
shingles shall be replaced. Re-nail all loose shin-
gles. Replacement shall be of same color, design,`
weight and brand (if possible) as existing roofing
material.
4
6. NEW BUILT UP ROOF: Nail one (1) ply of 301 felt. Mop
two (2) ply with 150 felt properly mopped with hot
tar. Apply hot mop and gravel, properly spread to
create a uniform and durable roof. ti
7, NEW BUILT UP ROOF OVER OLDS Thoroughly clean surface.
Install two (2) ply of 150 felt properly mopped with
hot tar. Apply hot mop and gravel properly spread to
create a uniform and durable roof.
8. NEW COMPOSITION ROOF OVER OLD: Properly repair
structural wood material by replacing all rotten and
detective docking, overhang, ratter ends, fascia and
cornice. Apply 2350 composition roof with 1 1/4
inches galvanized roofing nails. install according to
Standards of Workmanship - PagR 5
~ a;uoda~o
E~~sada;te S
manufacturer's recommendations. Install 1 inbTi'"X 1
i
~S
1/2 inches metal edging over all exposed edges of
roof. No more than one overlayment or two layers of
composition roof shall be applied to any structure.
Maximum allowable span for rafters specified on
attached tables.
9. ALL ROOFING WORK: (either new or old) Shall be
accomplished in a workmanlike manner, and shall be
done in accordance with manufacturer's recommenda-
tions, and installed in such a manner (with proper j
flashing, counter !lashing and all other necessary I
component,) to prevent leaks of any kind. Provide i
temporary covering for roof when adverse weather
conditions prevent the roofing and associated work
from being installed and protection is required.
Maximum allowable span for rafters specified on
attached tables - page 16.
I
i VI. DOORS
1. EXTERIOR DOORS: Shall be of exterior standard grade
with a minimum thickness of 1 3/4 inches. Doors shall
be six panel solid core type paint to match exterior.
All exterior doors shall be weatherstripped with M-D
Nu-Koil, vinyl and aluminum, or written approved
equal. Threshold. set in mastic and door bottom
weatherstrip. New door should conform to existing
dimensions unless otherwise specified. Installation
of a door includes new keyed lock, dead bolt and all
new hardware.
2. FRAME: Shall be of 2 inches material, properly plowed'
jamb, to receive 1 3/4 inches door.
3. THRESHOLD: Shall be of proper height and width for {J
the particular opening.
4. ALL NEW OPENINGS: 4 feet wide or less in bearing
walls shall be provided with headers consisting of
either two pieces of 2 inch framing lumber placed on
edge and securely fastened together or 4 inch lumber
of written approved equal cross section. All openings
more than 4 feet wide shall be provided with headers
or lintels. Each and of a header or lintel shall have
a length of bearing of not less than 1 1/2 inches for
the full width of the lintel. All non-bearing loads
shall be constructed with two 2 x 4 headers placed in
such a manner as to remove all trace of closing.
5. REMOVE AND CLOSE OPENING: After removal, structure
shall be properly strengthened and openings shall be
covered with conforming exterior and interior finish
Standards of workmanship - 6
Page
i
1
1
I a;endaNo
' ~fle,~daite S
manufacturer's recommendations, b eta .1, Q L.
r 144 g
i 1/2 inches metal edging over all exposed edges of
roof. No more than one overlayment or two layers of
composition roof shall be applied to any structure.
Maximum allowable span for rafters specified on
attached tables.
9. ALL ROOFING WORK: (either new or old) Shall be
accomplished in a workmanlike manner, and shall be
done in accordance with manufacturer's recommenda-
tions, and installed in such a manner (with proper
flashing, counter flashing and all other necessary
components) to prevent leaks of any kind. Provide
temporary covering for roof when adverse weather
conditions prevent the roofing and associated work
from being installed and protection is re fired.
Maximum allowable span for rafters specified on
attached tables - page 16.
VI. DOORS
1. EXTERIOR DOORS: Shall be of exterior standard grade
with a minimum thickness of 1 3/4 inches. Doors shall
be six panel solid core type paint to match exterior.
All exterior doors shall be weatherstripped with M-D
Nu-Koil, vinyl and aluminum, or written approved
equal. Threshold. set in mastic and door bottom
weatherstiio. New door should conform to existing
i dimensions unless otherwise specified. installation
if a door includes new keyed lock, dead bolt and all [
new hardware.
2. FRAME: Shall be of 2 inches material, properly plowed !
jamb, to receive 1 3/4 inches door.
3. THRESHOLDS Shall be of proper height and width for
the particular opening.
¢ 4. ALL NEW OPENINGS: 4 feet wide or less in bearing
wells shall be provided with headers consisting of
either two pieces of 2 inch fra'Aing lumber placed on
e6ge and securely fastened togs,ther or 4 inch lumber
of written approved equal cross section. All openings
more than 4 feet wide shall be provided with headers
or lintels. Each and of a header or lintel shall have
a length of bearing of not less than 1 1/2 inches for
the full width of the lintel. All non-bearing loads
shall be constructed with two 2 x 4 headers placed in
such a manner as to remove all trace of closing.
5. REMOVE AND CLOSE OPENING: After removal, structure
shall be covered properly srengthened n and opinins
Standards of Workmanship - Page 6 f
i
e
I
A
i
A~e~~attern
materials in such a manner as to r"iaave all ra e 'I
closing. ~ p4
6. WOODEN SCREEN DOORS: Shall be of select preservative-
treated Western Ponderosa Pine with dowel joint
construction and furnished with 18/16 mesh corrosion
resistant aluminum screen wire. Minimum thickness 1
1/8 inches.
7. INTERIOR DOORS: Shall be of interior standard grads
with minimum thickness of 1 3/8 inches. Ideal Brand y
or written approved equal. Door frame shall have a i
minimum thickness of 3/4 inch. 11
8. STORM DOORS: Storm Doors are to be of aluminum,
baked-enameled, factory finished. Unit is to include
threshold, weatherstripping, closer chain stop and
lock assembly. Door is to be hinged on the same side
jamb as exterior door, or as indicated in drawing on
i work write-up. Door must give a tight fit when
j closed. (Larson Model Number 290 and 280 or written
j approved equal.)
VII. WINDOWS
1. WOOD UNITS: Shall be constructed of type "S" or "T"
stiles, check rail or plain rail. Material shall be ! j
of preservative-treated Western Ponderosa Pine. ideal
c brand standard grade or written approved equal.
Minimum thickness of 1 3/8 inches. All windows shall
conform to existing dimensions unless otherwise
specified. All shall be double pane with screens.
2. ALUMINUM UNITS: Shall be constructed of heavy gauge
extruded aluminum sections (minimum thickness .062).
} Exposed surfaces of all aluminum members shall be
t extruded of First Class Finish material with no
serious defects or blemishes. All joints shall be
neatly fitted, secure, and made water-tight. Operat-
ing sashes are to be properly weather-stripped to
minimize entrance of air and moisture. Double pane
shall be Allenco, Jordan or written approved equal
brand. Double pane (thermal insulated) windows shall
always be installed unless otherwise specified. All
windows shall conform to existing dimensions unless
otherwise specified. All shall be double pane with
screens.
3. WINDOW SCREENS: Wood screens shall be constructed of
3/4 inch material? header and sides shall be minimum
of 2 inches in widthl base shall be minimum of 3
inches in width? and shall be properly doweled at
joints and screen wire shall be 18/16 mesh aluminum or
galvanized screen wire. Aluminum screens shall be of
Standards of Workmanship - Page 7
~i
COO e3.9
A~eauaile
4 n:~e to-l.1-A 4
E 50~6~
standard design and construction with a minimum cross
rail and frame width of 1/2 inch, and thickness of 3/8
Inch, and wired with 18/16 mesh corrosion-resistant
aluminum wire. All window screens shall be full
I screens.
4. REPUTTY: Surfaces shall be properly prepared by
removal of all cracked or otherwise unsound glazing
material. Proper holding devices will be installed.
New glazing compounds shall be of a good grade and
applied according to manufacturer's specifications. !
Type glazing compound shall conform with usage. I
5. WINDOW GLASS: All broken or cracked glass shall be
replaced with minimum of DSB glass. (Tempered glass
must be used if within 12 inches of exterior door). i
I
6. REPLACE SILLSs Wooden sills shall be of preservative
treated Western Ponderosa Pine, and shall be mada to
join neatly with the window jamb and structure.
Caulk, prime and two coats of finish paint.
7. WEATHERSTRIPPING: Shall be applied in such a manner
as to prevent the entrance of air and moisture.
8. STORM WINDOWS: Furnish aluminum double hung stone
window and screen unit in all openings specified in
the Bid Work Write-up. Size unit to install on either
j new or existing window as speoified. Exposed surfaces
of aluminum shall be free of surface blemishes and
uniform in color. Furnish aluminum fixed panel storm i
window and screen where speoified. If no existing
fastening system is present, units shall be installed
with suitable fasteners to allow a tight fit, water-
proof seal, but still provide removal of unit.
k Erection shall be by experienced mechanics only.
Windows shall be provided with all necessary hardware
s for installation. Perimeter shall be caulked,
grouted. Window shall be installed plumb, true to
plane and firmly secured. Leave frame and opening in
a like new condition (Allenco, Jordan or written
approved equal brand).
VIII. EXTERIOR TRIM
j
1. ALL EXTERIOR TRIM: (Corner boards, bird boards,
fascia boards and other moldings) shall be of D grade
and applied in a workmanlike manner. Replace all trim
if existing rLm style is not available.
2. MASONRY: All masonry work shall be applied in a
workmanlike manner. Where brick is installed, there
shall be a continuous reinforced concrete grade beam
with proper footings. All joints shall be properly
Standards of Workmanship - Page 8
~r
aa+n
A
~er~OalVo ~1- 3
A~aoGa't
Wi'a O y- 9~-J
tooled and left in a clean condition. Building.face Slog b~
brick shall be of gas-fired solid clay or shale units.
Structural clay tile, concrete aasonry units and stone
shall require written approval of equal quality.
IX. FINISH FLOORS
1. WOODENt All damaged portions shall be removed and new
flooring of the same type and material applied. All
surfaces shall be properly sanded, filled, sealed and
varnished with two coats of gloss varnish. Bruce
Flooring and finishing products or written approved
equal. All damaged sub-flooring shall be replaced
with materials similar to existing. Floors shall be
trimmed flush at any change in elevation in excess of
1/8 inch. Floor joists shall conform to attached span
tables - page 17.
2. TILE INSTALLATIONt All vinyl-asbestos or inlaid
linoleum floor covering shall be minimum 10 mils.
Surfaces shall be properly prepared either by sanding
and removing all foreign material from surfaces,
filling properly, and cleaned; or by installing an
undarlayment in a neat and workmanlike manner accord-
ing to manufacturer's recommandat ions. Floor covering
shall be a first-line inlaid linoleum or a first-line
vinyl asbestos tile. Covering shall be installed in
a workmanlike manner, and with mastic materials
recommended by manufacturer. Remove base trim and
E reglace after Rtacing floor covering. Install quarter
round base trim if no trim exists.
3. CARPET: Prepare floor area by correcting subfloor of
any irregularities. Clean the area thoroughly prior
to laying carpet. Lay carpet and pad wall to wall in
conformance with manufacturers directions. All carpet
? shall have a face weight of 24.5 oz, or more. Carpet-
ing shall be stretched tight, free from puckers,
scallops, and ripples. carpeting shall be cut evenly
and fitted close to walls and all other projections.
It shall be cut to fit closely and evenly into trim
strips and to and through thresholds where carpet
joins together in doorways. Filler strips in carpet-
ing shall not be less than 12 inches wide and 36
inches long. All carpet shall be lined up so that all
lines (weaving) of carpet match as woven. Both in
width and length. Re-fit all doors as necessary so
that they clear carpeting completely when opening and
closing. Remove all loose threads and clean any spots
with spot remover, final vacuum. Allow only a minimum
number of seams; no T or head seams will be allowed.
Make seams parallel and perpendicular to walls. Do
not make seams perpendicular to doors. Make cuts
under doors at the mid-point of the door thickness
Standards of Workmanship - Page 9
' s
~ ~DRdaNo y M_,_
Apdalle p
tooled and left in a clean condition. Building, face S108
brick shall be of gas-fired solid clay or shale units.
Structural clay tile, concrete masonry units acid stone
shall require written approval of equal quality.
IX. FINISH FLOORS
1. WOODENt All damaged portions shall be removed and new
flooring of the same type and material applied. All.
surfaces shall be properly sanded, filled, sealed and
varnished with two coats of gloss varnish. Bruce
Flooring and finishing products or written approved
equal. A11 damaged sub-flooring shall be replaced G
with materials similar to existing. Floors shall be
trimmed flush at any change in elevation in excess of
1/8 inch. Floor joists shall conform to attached span
tables - page 17.
2. TILE INSTALLATION. All vinyl-asbestos or inlaid
linoleum floor covering shall be minimum 10 mils.
Surfaces shall be properly prepared either by sanding
and removing all foreign material from surfaces,
filling properly, and cleaned; or by installing an
i underlayment in a neat and workmanlike manner accord-
ing to manufacturer's recommendations. Floor covering
shall be a first-line inlaid linoleum or a first-line
vinyl asbestos tile. Covering shall be installed in
a workmanlike manner, and with mastic materials
recommended by manufacturer. Remove base trim and
rraplace after 21agj,ng floor covering. Install quarter
round base trim if no trim exists.
3. CARPET: Prepare floor area by correcting subfloor of
any irregularities. Clean the area thoroughly prior
to laying carpet. Lay carpet and pad wall to wall in !
conformance with manufacturers directions. All carpet
shall have a face weight of 24.5 oz. or more. Carpet-
ing shall be stretched tight, free from puckers, i
scallops, and ripples. Carpeting shall be cut evenly
and fitted close to walls and all other projections.
It shall be cut to fit closely and evenly into trim
strips and to and through thresholds where carpet
joins together in doorways. Filler strips in carpet-
ing shall not be less than 12 inches wide and 36
inches long. All carpet shall be lined up so that all
lines (weaving) of carpet match as woven. Both in
width and length. Re-fit all doors as necessary so
that they clear carpeting completely when opening and
closing. Remove all loose threads and clean any spots
with spot remover, final vacuum. Allow only a minimum
number of seams; no T or head seams will be allowed.
Make seams parallel and perpendicular to walls. Do
not make seams perpendicular to doors. Make cuts
under doors at the mid-point of the door thickness
Standards of Workmanship - Page 9
rm
1
r
~ AasadaNo ~f - 3
j Afla~dalie a pU-~
tooled and left in a clean condition. Building. face 14 A
brick shall be of gas-fired solid clay or shale units.
Structural clay tile, concrete masonry units and atone
shall require written approval of equal quality.
IX. FINISH FLOORS
1. WOODEN: All damaged portions shall be removed and new
flooring of the same type and material applied. All.
surfaces shall be properly sanded, filled, sealed and
varnished with two coats of gloss varnish. Bruce
Flooring and finishing products or written approved
equal. All damaged sub-flooring shall be replaced
with materials similar to existing. Floors shall be
trimmed flush at any change in elevation in excess of
2/8 inch. Floor joists shall conform to attached span
tables - page 17.
2. TILE INSTALLATION., All vinyl-asbestos or inlaid
linoleum floor covering shall be minimum 10 mils.
Surfaces shall be properly prepared either by sanding
and removing all foreign material from surfaces,
tilling properly, and cleaned; or by installing an
underlayment in a neat and workmanlike manner accord-
ing to manufacturer's recommendations. Floor covering
1 shall be a first-line inlaid linoleum or a first-line
' vinyl asbestos tile. Covering shall be installed in
a workmanlike manner, and with mastic materials
recommended by manufacturer. Remove base trim and
raplacs otter placing floor covering. Install quarter i
round bass trim if no trim exists.
3. CARPET: prepare floor area by correcting subfloor of
any irregularities. Clean the area thoroughly prior
to laying carpet. Lay carpet and pad wall to wall in j
conformance with manufacturers directions. All carpet
shall have a face weight of 24.5 oz. or more. Carpet-
I
inq shall be stretched tight, free from puckers,
scallops, and ripples. Carpeting shall be cut evenly
and fitted close to walls and all other projections.
It shall be cut to fit closely and evenly nto trim
strips and to and through thresholds where carpet
joins together in doorways. Filler strips in carpet-
ing shall not be less than 12 inches wide and 36
inches long. All carpet shall be lined up so that all
lines (weaving) of carpet match as woven. Both in
width and length. Re-tit all doors as necessary so
that they clear carpeting completely when opening and
closing. Remove all loose threads and clean any spots
with spot remover, final vacuum. Allow only a minimum
nunber of seams= no T or head seams will be allowed.
Make seams parallel and perpendicular to walls. Do
not make seams perpendicular to doors. Make cute
under doors at the mid-point of the door thickness
Standards of Workmanship - Page 9
Owl 0 C4 _94
'bsndaNo ~ - ,,.,r
when the door is in the closed position. s2O666
carpet with the tufting or nap in one direction. ay all
Installation on Stairs. place seams at the bottom of
risers. Use carpeting that is full idth ofand pathd
e
widest part of the stairway. Wrap cawrpal
around balustrades: Paster to the tread and riser
face. Fasten carpet and pad at the top and bottom of
each riser. Where gaps exist at bottom of finished
wall after installation of carpet, base molding,
either wood or rubber, must be installed (not quarter
round).
X.
fiALL9 [2NTr+QTADt i
1. DRYWALL PRODUCTSS All drywall
minimum thickness of 3/8 hwhereuframingliabnot
greater than 16 inches OC. Where framing is 24 inches i
OC, drywall products shall be no less than 1/2 inch in
ihickness. All drywall products are to be installed
n a workmanlike manner. Where repairs are being
made, drywall products shall be of the same thickness
as existing material, All drywall p products bedded, floated, eanddand textureda in ae
workmanlike manner, and dried properly (minimum of 24
i hours drying period between each coat shall be al-
laded). 2. WAINSCOTr
Where Masonite or temper the is used, it
! shall be installed with metal trim a
and sealed
prevent entrance
erly
of moisture. prop
to Where c til
is used, it shall be installed with an aadhesive
recommended by the manufacturer, or installed on metal
lath and masonry mortar, and grouted properly to make
moisture proof. All wainscot shall be installed a
minimum of 4 feet high (off floor) in all bathrooms
and shall be a minimum of 7o inches above the drain
inlet around showers and bathtubs,
3• CEILING INST
ALLATIONt Install wallboards with long
dimensions at right angles to the supporting members,
ends rest on supporting members. Stippled ceiling -
remove all loose and chipped paint and sand surfaces
of semi-gloss or paint surlnced. A
and tape if necessary to any sub-surfaces cracks uor
nail pops and allow to dry overnight. Apply a 3/16
inch minima to 6/16 inch maximum skim coat of ready
mix joint compound as evenly as possible over prepared
surface. Immediately push soft brush into compound
and pull out perpendicular from surface. Any design
must be approved by Owner. Joint compound shall not
exceed 1 1/2 gallons per 100 square feet of surface.
Joist placement shall conform with attached span
tables - page 15.
Standards of Workmanship - Page 10
1
;endaNo.
~cndalt6
x;;:3 s3~66d
4. CEILING FINISHES: Drop ceilings shall be 1/2 inch ew
j Gypsum. A cove molding (3/4 inch or 1 1/2 inches)
f shall be provided where ceiling butts wood or paneled
walls. Finish shall be heavy texture or as specified is
by owner. Install 1 inch by 3 inches furring strips or
12 inches square ceiling tile. (Acoustical) Tile r
shall be interlocking, pattern and color to be se- n
lected by Owner. Provide manufacturers molding to the y
perimeter. Suspended ceilings shall have exposed "T" s
Bar or un-exposed "T" Bar, as specified, to be in- n
stalled per manufacturers directions. g
m
XI. HILL WORK D
i
1. MATERIAL (GRADE AND SPECIES): Material shall be of a 3
select grade of white pine or written approved equal. r
Plywood shall be of AD grade or written approved
equal. {
3 i
2. WORKMANSHIP: All measurements and dimensions shall be
verified at the job and the General contractor shall
be responsible for any work that does not tit prop- }
erly. Rough carpentry shall be self fitted and nailed 1
and drawn up tight. Finish work shall be finished
smooth, free of machine or tool marks, abrasions,
raised grain, etc., on exposed surfaces, and shall be
machine sanded and hand dressed to a smooth finish.
Joints shall be tight and so formed as to conceal
E shrinkage. Mill assemblies shall be joined with
concealed nails and screws where practical, or with
mortise and tenons with glued blocks where practical.
All molded members and trim shall be mitered or coped
at corners. Nails in exposed work shall be set.
Running flat finish shall have kerfad or worked hollow
backs and shall be on commercial lengths. Trim around
doors and openings shall be full length and jointed
only at corners. Scribing, mitering, and joining
shall be done accurately and neatly.
i
XII. PAINTING*
1. MATERIALS: Paint shall be well ground, shall not
j settle badly, cake, or thicken in the container, shall
be readily broken up with a paddle to a smooth consis-
tency and have easy brushing properties. Paint shall
be ready mixed except that tinting and thinning may be
done at the job. All paint materials shall be deliv-
ered in original unopened containers, with labels and
tags intact. All materials shall be of the highest
quality and be used for the purpose for which it was
manufactured. USE of A LEAD BASE PAINT SHALL BE
PROHIBITED. All raw wood should be primed and painted
to match existing as closely as possible. Include
Standards of Workmanship - Page 11
i
I
49andaft q
A~aodalte S
this in the bid for the installa4? o
material.
s H~66
2. GENERAL REQUIREMENTS: Maintain temperature of rooms
where varnish or enamel is being applied at 706F, or
i more, and at 5O•F or more during other interior
painting. Exterior painting shall be performed when
the air temperature is 50°F or higher and in dry
weather. Field painting will not be required on items
specified to be completely finished at factory or on
aluminum, copper, brass, and bronze, or on glazing
compound in aluminum windows. Back prime wood trim
with one coat of linseed oil paint. Allow paint to I
dry hard between coats (2 to 5 days). Protect all 1
work from damage by the use of drop cloths. Remove
paint stains completely from finished work. Covering
shall be complete. When color, stain, dirt, or
undercoats show through the final coat of paint the
work shall be covered by additional coats until the
paint is of uniform color and appearance and coverage
is complete. Where two coats or more of paint are
specified, the coat applied prior to the finish coat
shall be applied noticeably lighter in shade than the
final coat. Hardware and accessories, fixtures, and
similar items placed prior to painting shall be
removed or protected during painting and replaced on
completion of painting. Sand interior enamel surfaces
lightly between coats. In the selection of paints, a
reasonable choice of colors shall be offered to the
homeowner.
i 3. PREPARATION OF SURFACES: Perform preparation and
cleaning procedures in accordance with paint manufac-
turerls instructions and as herein specified, for each
particular substrate condition.
Remove hardware, hardware accessories, machined
surfaces, plates, lighting fixtures, and similar items
in place and not to be finish-painted, or provide
surface-applied protection prior to surface prepara-
tion and painting operations. Remove, if necessary,
for complete painting of items and adjacent surfaces.
Following completion of painting of each space or
area, reinstall removed items.
Clean surfaces to be painted before applying paint or
surface treatments. Remove oil and grease prior to
mechanical :leaning. Program cleaning and painting so
that contaafvants from cleaning process will not fall
onto wet, newly-painted surfaces. All surfaces
requiring finishing shall be thoroughly cleaned and
dry prior to painting.
Standards of Workmanship - Page 12
`i
4~gnno''oddda''No
Exterior Surface Preparation: RemoveIds~..~
scaling, peeling or cracking painEf2scrana. sa or~G'y
wire brush surfaces to smooth conditio- n"to'rece ve SS~~6
finish, feather edges into sound adjoining surfaces
and dust clean. Such treated surfaces to receive two
coats of paint. Protect glass, screen and finished
surfaces adjacent to painted surfaces. Remove paint
misapplied to non-painted surfaces. Perform the
following preparation operations for various interior
substrates as indicated:
Woods Shellac knot holes, pitch pockets and sappy
portions, or seal with knot sealer. Remove projecting
41 nails, screws, or hooks. Fill nail holds, cracks and
defects after first coat, with putty matching color of i
stain or paint.
14
Steel and Iron: Remove grease, oil, dirt and dust.
II Touch-up chipped and abraded primer on items that have
been shop primed, using same type of primer.
Plaster, Concrete, Kasonrys Check for high moisture
and alkali content. If high alkali is present, dry
out the surfaces. Prime new materials.
Gypsum Wallboard: Clean and sand existing surfaces.
Apply one coat of texture, sealer and primer to new i
material.
Painted and Stained Surfacees Remove loose paint,
dirt, fungus and other foreign materials from the
surface. Smooth surfaces with steel wool or sandpa-
per.
j
i Wallpaper: Remove all paper to firm subsurface.
Patch holes in subsurface, and,apply seal 'coat.
Interior Surface Preparations Remove existing loose
cracking, scaling, peeling and/or blistered paint
scrape sand or wire brush surfaces to smooth condition
to receive finish, feather edges into sound adjoining
surfaces, and dust clean, perform the following
preparation operations for various interior substrates
as indicated..
Wooas Remove projecting nails, hooks or screws.
Shellac knot holes, pitch pockets and sappy portions,
or seal with knot sealer. Fill nail soles, cracks and
defects after first coat, with putty matching ColoA7 of
stain or paint. Prime new materials; spot prime
existing materials.
i
Standards of Workmanship - Page 13
F
Agenda No
Steel and Iron: Remove grease, oil,
11't'~'
Touch-up chipped and abraded primer o:Sitama that hxvar0
been shop primed, using same type of primer. 5 6 Og 6 6
Plaster, Concrete, !Masonry: If high alkali is pres-
ent, neutralize to suitable levels. If high moistu-e
is present, dry out the surfaces.
Painted, Wallpapered and Stained Surfaces: Remove
loose paint or wallpaper, dirt, fungus or other
foreign materials from the surface. Smooth surfaces
with steel wool or sandpaper.
* All raw wood should be primed and painted to match
existing as closely as possible. Include this in the
bid for the installation of new materials.
4. EXTERIOR PAINTING: Exterior woodwork shall be painted
to cover as follows: First coat shall be exterior
primer, and additional coats shall be oil base or
exterior latex paint. Pittsburgh Weather Fresh 33-110
paint or written approved equal.
(All exterior concrete masonry i
5. !MASONRY PAINTINGS
except face brick): All exterior masonry surfaces
j shah receive a minimum of overcoat of primer and
filler as manufactured by a masonry paint company, and i
a minimum of coat of acrylic, and shall be applied in
strict accordance with the manufacturers recommenda-
tions.
6. INTERIOR PAINTING: Kitchan, wood doors, wood trim,
and other finish woodwork shall be painted to cover
with (primer on new work) oil based enamel (gloss
selected by owner). Walls, ceilings and all drywall
products shall be painted to cover with latex enamel
paint. (Color selected by owner). All paint contain-
are shall bear a label containing the product name and
it the manufacturer, together with an Underwriters
Laboratories, Inc. label, which indicates the required {
surface covering and resulting flame spread character-
istice for various applications (Pittsburgh Wall Fresh
r. 68-6 paint or written approved equal).
7. CAULKING: Completely seal, with caulking compound,
i
joints around frames of doors, windows and other
openings in exterior masonry walls, joints where
masonry abuts other exterior surface finishes and
other joints indicated or specified to be caulked.
Caulking compound shall be Grade i, or written ap-
proved equal, and be delivered to the job in the
manufacturer's unopened containers.
Standards of Workmanship - Page 14
K1
r:.
S
9Af!3N0 a
Agrda!t
8. APPLICATION: Work shall be doi.e b~1~sk#}}e8 msus
and shall be uniform in appearance, of approved color, '7 job
S
smooth and free from runs, sage, skips, and defective
brushing. Make edges of paint adjoining other mold-
ings or colors, sharp and clean without overlapping.
Should workmanship of finish be found defective,
proper preparatory work shall be done and additional
coats applied as necessary to give a finish in accor-
dance with specifications. At completion, touch up
and restore finish where damaged or defaced and leave
in first class condition. Painted or finished sur-
faces cut in fitting or erection shall be restored.
XIII. FINISH iB2nu j
I
1. FINISH HARDWARE: All exterior door locks shall be
properly installed with key-in-knob and deadbolt,
Weiser, Schlage, Kwikset or Westlock brand not lose
that *contractor" grade] i.e., Kwikset Titan series,
Schlage Contractor Series, etc. Where more than one R
new lock is installed to the exterior of building,
these locks shall all be keyed alike. All exterior j
door butts shall be minimum of 3 1/2 inches x 3 1/2 i
Inches in size with minimum of 3 butts to each door.
All now interior passage locks shall be of Weiser, -
Schlage, Kwiksot, Westlock brand not less that
"contractor" grade and shall match as nearly as
possible the existing locks. All interior door butts
shall be minimum of 3 inches x 3 inches in size with
a minimum of 2 butts to each door. All cabinet
hardware shall be polished finished material and
properly fitted as required for the particular use.
XIV• MISCBL?~uF!+lrn
I 1. COUNTER TOPS: Tops material shall be securely bonded
to reinforced steel core or to 3/4 inch plywood or
other written approved equal material. Top material
shall be phenolic laminate, vinyl plastic covering,
~ linoleum, ceramic tile, stainless steel, or be of
written approved equal material suitable for its
intended use. At least a 3 inch backsplasl shall be
i-nvided when abutting walls. All edges shall be of
a"* material as cabinet top. Where formica, lino-
leum, or plastic materials era used for cabinet top,
all sinks shall be installed with Hudee rim. All
sinks shall be stainless steel, standard grade.
2. ATTIC VENTS: Attic vents and louvers shall be con-
structed of either heavy gauged galvanized iron or
wood. They shall be of adequate size for proper
ventilation of the structure.
Standards of Workmanship - page 15
(y~ ,I
k
'tendaNo 90
Age Idalte
3. MECHANICAL VENTILATORS: All mechaniA13 ventilators16
shall be vented through the roof, and shall be
with a rain-proof of galvanized metal (minimum 16 S 8 6
gauge)•
VENT-A-HOOD: See work write up for numbers and makes.
5. BUILT-INS: (oven and cooking top - gas or electric)
See work write-up for model, make and size.
6. ATTIC INSULATION: Attic insulation shall be a minimum
of 6 inches thick rock wool liberalass cellulose
blown insulation, and evenly blown (from exterior t
plate to exterior plate) over the entire attic of
habitable rooms. Shall have an R value of 30. {
7. CLEAN UPS Hash all windows, leave all floors,
porches, and walks in "broom" clean condition. Remove
all debris from the premises.
S. SITE DRAINAGE: Where required by a change in the
i exterior building lines or to correct an existing
i condition where surface water runs toward or stands
against the walls or foundation, the ground surface
shall be graded in such a manner as to effect adequate
drainage away from the structure and/or structures.
XV. PLUMBING*
! 1. BATHROOM ACCESSORIES: Each complete bathroom shall be
provided with at least: Grab bar 2JU pull and soap
dish at bathtub, toilet paper holder at water closet.
Soap dish at lavatory (maybe integral with lavatory),;
towel bar, mirror and a medicine cabinet or written {
approved equal enclosed shelf space: In all cases
where shower head is installed, provide a shower rod
or shower door. Tub kit should be two piece fiber-
glass unit with overlapping edges (medium grade).
2. HVAC: For all air conditioning; wall furnaces, floor
furnaces and forced air furnaces, BTU output should be
adequate to heat area. This should be based on the
square feat of the area the unit is intended to heat.
The installing contractor must provide documentation
e showing the Energy Elf. Rating.
3. AIR-CONDITIONING: Addition or replacement of HVAC
systems shall have high-efficiency systems and burners
that are not oversized by more than 151. The install-
contractor contractor shall provide documentation showing the
in
unit's size and the energy efficiency rating.
Standards of Workmanship - Page 16
r
A~sndaNc -03
Agyndaft
4. 'PLUMBING LINES: All `cealed in wall plumbing stacke`as a ti -Q Ll
~
tcon
and extended through rootflashing. , S
wit- ~~a8
5. SEPTIC TANK: Removal shall be done in such a manner
as to cause a minimum amount of damage to the our-
rounding structures and landscaping. Fill shall be of
such consistency as to prevent subsequent settlings of
the fill. Fill with sand.
* All plumbing components, installations, modifica-
Lions shall meet the codes and ordinances of the City
of Denton, Texas. All work must be done by properly
licensed individuals.
XVI. ELE__ CTRICI~t,+
1. ELECTRICAL. LINESs All electrical lines shall be
concealed or encased in an approved conduit.
+ All electrical components, installation, modifi-
cations shall meet the codes and ordinances of the
City of Denton, Texas. All work must be done by
properly licensed individuals.
Mr. ENERGY CON ERVATION STANDARD
i
These standards provide the mandatory levels in the
rehabilitation of residential structures. it is realized
that not all of the requirements can be followed in all
situations due to existing building conditions and funds
available. Any one or more of these requirements may be
§ eliminated to the extent they are not practical, consider-
ing economic teasibility► program need and type of
construction involved. See work write-up for specifica-
tions.
,j
1. Doors most be weatheratri
reputtied or caulked. peed and windows must be
2. All openings, cracks or joints in the building enve-
lope muot be caulked or sealed.
3. Heeti
ng, Ventilation and air conditioning systems must
„
have
pipe insulation to a value of R-2.*
Y~ ~4. Heati ' ventilati
and have duct i sulation to aivaluedofiR 4,~ systems must
5. Heating, ventilation and air conditioning systems must
be of a high efficiency design and must be no greater
than 15% oversize.*
6. Ceiling insulation must be to a value of R-30.*
Standards of Workmanship - Page 17 ~
~saraNo
~~e~datte
7• wall insulation must be to a value Of 'R~Y2. ru'9N
• Applies only when construction elements become 66 0
exposed or when now materials are installed:
a For additional specifications and standards of
workmanship see appropriate local code (page is),
t
'1.
, ~ Ytl
1
M 1 i
F
SFi A, ly7
fl i. , • v I is
~ I l
4
L•'
y I•;tNj 1,
r
Standards of workmanship _ page
is
u
r .
r
k~
P
f
~;cndaND H-0 33
f'~0"Iia1tBi
Q
CEILING JOISTS & [A
LUMBER MAXIMUM ALLOWABLE SPAN'
GRADE A SPECIES SPACING OC 2 X 8 2X8 2 X 1G 2 X 12 S
3
12" 19' 11" 26' 2" 331511 40' 6"
1'2 !
DOUGLAS 16" 16' 1" 23'10" 30' b" 36'10"
FIR 24" 15' 9" 20'10" 26' 6" 32' 3"
12" 16' In 21' 2" 2T In 33'10"
03
DOUGLAS i6" 14' T' 19' 3" 24' T' 29' 11"
FIR 24" 12' On 16' 10" 21' 6 26' 8"
12" 19' 6 25' 6" 32' 9" 39' 10"
i2
YELLOW i T on 23' 4" 29' 9" 36' 2"
PINE 24" 16' 6" 20' S" 26' 0" 31' T'
03 12" i6' 6" 24' 7" 31' 4" 3T 4"
YELLOW
PINE 16" 16' 11" 22' 4" 20' 6" 34' 3"
24" 14' On 19' On 24' 10" 29' 6"
112 12 16' 2" 24' on 30' T' T 2" '
SPRUCE-
PINE- 18" 16' 6" 21' In
2T 9" 33 On
FIR 24" 14' 3" 19' on 24' 3" 28' 0"
03 12" 11' 3" 16' In 23' 4" 29' 9"
SPRUCE
PINE- 16" 10' 3" 16' 11" 21' 2" 2T i"
FIR 24" a'11" 14' 1" 16' On 23' S"
' THESE SPANS AM KMOOLATED EY LIVE Of THE FOLLOWING TABLES OF THE 1111 ARUM Of THE LNWOM
TABLE NM N-A-1- ALLOWABLE LNT STRESSES - STRUCnHK LUMBER
ALLOWAELE LMT ITRENES FOR S'1RUCMAL LUMBER - VISUAL GRAMME
1NOMAL LOADM SEE ALSO SECTION Wq
THAI N0, SAW4 - ALLOWA/LE SPANS FOR CEILm JGItTS - 10 LBS PER $Q FT LIVE LOAD
DESIGN CRRERUL• DEFLECTION FOR 10 LBS PER SG FT LIVE LOAD. UMW TO SPAN N BICIES DMOEO BY M
STRENOnkM LOAD OF 10 LBR PER SOFT. PLUS DEAD LOAD OF I LBS PER SG FT DETERM0*s TIE REOUIREO
FEIEA-STREU VALUE.
I
Standards of Workmanship - page 19
':YYA
YMR,~~
'~;;GALIJf10
RAFTERS Lei oto,`62u
i
LUMBER MAXIMUM ALLOWABLE SPAN'
GRADE S SPECIES SPACING OC 2X6 2 X 8 2 X 10 2 X 12
12" ta' S" 21' S" 27" a" 33' a"
i a" 14' 3" 1 fl" 24' 0" 29' i"
DOUGLAS
Fin 24" 11' T' 1s' 4" 1r r' 23' 9" !
12" 12' T' lot r' 21' 2" 25' 9"
03
is" 10' 11"' IN i" IV 4" 22' 4"
DOUGLAS
FIR 24" a' 11" 11' 9" 14' 11" 18' 2"
12" 1a' 21 " 2T 2 33 1"
M2 Is" 14' 0" IV 5" 23' T' 2a' T'
YELLOW
PINE 24" 11' a" 15' In 19' 3" 23' 4"
12" 12' 3" 1a' 1" 20' r' 25' 0"
03
YELLOW
PINE 16" f0' T' 13' 11" 1T 10" 21' a"
24" 6' a" 11' S" 14' s" iT vo
02 1 13' ta' 0 0" 2T 11"
SPRUCE-
PWE 16" 11' t0" 15' T' 19' 1 i" 24' 2"
•
FIR
24" V S" I r 10' 3" I w 9" ;
i 03 12" 10' 4" 13' 7" 1r a" 2f' 2"
SPRUCE- fa" a' 11" 11' 9" 15' i" 1a' 4"
PWE-
FIR 24" T 4" a' 7" 12' 3" IN 11"
TMSE PANS ARE KMAP`OLATEO MY USE OF THE FOLLOWMHG TADLES OF 111 1011 ED" THE UNIFON
IPAN9,
TABLE NO.2S461- ALLOWABLE LOST STRESSES - STRUCTURAL LUMBER
ALLOWABLE UNIT WMMS FOR ST"UCTMIAL LUIMMR - VSUAL ORADMO
(NORMAL LOADMIa SEE ALSO SECTION SO"
TAKE NO. 294418 - ALLOWAKS. PANS FOR HIGH SLOPE RAF" KOM OVER S IN Of
20 LBS PER SO FT LIVE LOAD OA.* f ROOF COMM)
DESIGN CONMUA: STRENOTH - SEVEN LH PSR 90 FT DEAD LOAD PLUS 21 LN PER SO FT LNE LOAD DET WKS
REOUIRED FM STRESR ORRECTION - FOR 20 LOS ►ER SG FT LM LOAD. LERIED TO PAN IN INCHES DFMD
BY 150. RAFMft' PANS ARE MEAWRED ALONG THE HORQONTAL PROJECTION AND LOADS ARE CONSIDERED
AS APFUED ON TIE HORIZONTAL PROJECTIOK
Standards of Workmanship - Page 20
r-
;.~1~3110
~VI Vpl~b'
` FLOOR d01STS 16~
LUMBER MAXIMUM ALLOWABLE SPAN*
GRADE & SPECIES SPACING OC 2 X 6 2 X 6 2 X 10 2 X 12
s
12" 10' 11" 14' S" 18' a" 22' S"
16" 9' 11" IT i" 16' 9" 20' 4"
DOUGLAS
FIR 24" 6' a" 11' 5" 14' r' 1 r 9"
it 12" 10' 6" 13' 1D" 1T on
21' 6"
f3 16" 9' a" 12' r 16' O" 19' On
DOUGLAS
FR 24" 6' 4" III o" 14' 0" 1 r 0"
12" t o' 8" 14 2" 16' o" 21' i t"
.
02
YELLOW is" 9' 9" 12'10" 16' S" 19' 11"
PINE 24" 6' in 11' 3" 14' 4" it 5"
#3 12" 10' 3" 13' 6" i T 3" 21' On
YELLOW 16" 9' 4" 12' 3" 1a' a" 19' 1"
PINE
E
4 24" Of 2" 10' 9" 13' On 16' 6"
I #2 1 1 on 13 2 16 1 6" I
SPRUCE- '
PINE. 16" P 1" 12' 0" 15' 3" 16' T'
R 24" r 11" 10' 6" 13' 4" 16' 3"
03 12" 9' 9" 12' i0" 16' 5" 19' 11"
SPRUCE-
PINE- 16" 6' 10" 11' 6" 12' 11" 16' 1"
FIR
24" T 9" 10' 2" 13' On 16,101,
' TIME PANS ARE BfTEIMOLATED BY USE OF THE FOLLOWING TABLES OF n11901 WMON OF TIE WFO1W
KALUNG gyp(
TABLE NO. MA-1 - ALLOWABLE LINT STRE66E6 - STRUCTURAL LUMBER
ALLCWAWA LINT STHESSEI FOR STRUCTURAL LUMBER - VIM GRAOM
PIONK LOADIA SEE ALSO SECTION ft"
TABLE NO. U44-1 - rd.:OWABlE SPAM FOR FLOOR JOl • 40 LOS PER $O FT LIVE LOAD
MOON CRITE1Bk DEFLECTION • FOR 40 LIS FIR 80 FT LIVE LOAD. LAMM TO PAN N DOU DIVIDED BY WIL
BTRENOTH • LIVE LOAD OF 40 LBS PER $a FT FLUB DEAD LOAD OF 10 LBt PER SQ FT OCTIAlwaS THE MOWED
FIBER 67MIS VALUE.
Standards of Workmanship - Page 21
- z-
A;'Crdat o Q -C83 A
f~;jG,'d~i18
XIX. HISCELLANEOUS
x
1. COMMERCIAL AND MULTI-FAMILY INFORMATION CONCERNING
CITY CONSTRUCTION CODES
The construction codes which have been adopted for use
in the City of Denton are:
a. 1991 Uniform Building Code with Amendments
b. 1973 Uniform Mechanical Code with Amendments
c. 1984 National Electrical Code with Amendments
d. 1979 Uniform Plumbing Code with Amendments
Copies of these codes may be read in the Building
inspection office.
Permits are required on the followings
Building New or Remodeling Swimming Pool
Plumbing Fence
Electrical sign
3 Heating, Ventilating i Cooling Sidewalk
(it in Right-of-Way)
Driveway Approach Lawn Sprinkler
following are required inspections and phone numbers
to request those inspections
BUILDING EL~"'''r - PLUMBING
566-8363 566-8361 566-8364
Approach Saw Service Rough-In
Foundation Rough In Partial Rough
Framing Slab Rough in Water Yd Line
A C Duct service Lateral Sewer
^ Fireplace Underground Gas Yd Line
A C Final Tamp Power Stack Out
FINAL BUILDING FINAL ELECTRIC Gas Pressure Test
PELM Q GAS FINAL
Fence Sign Vacuum Breaker
Parking Mobile Home Root Drain
' Setback Pool Grounding
I Sigqnn Pool Final
swiaming Pool Rs-Connect
# THESE INSPECTIONS MUST BE REQUEST&R-M THE CONTRA
DOING THE 1i0RK.
PLEASE USE THE PHONE NUMBER INDICATED ABOVE UNDER THE
TYPE INSPECTION REQUIRED, TO REQUEST THAT INSPECTION.
i
{
Standards of Workmanship - Page 22
i
I
L
IMP
F
~cndoNu q 3
+'~C'4aii8fi
When area separation walls are reg11M-t tion 6
i within the attic shall be completed and inspected
before ceiling is installed.
It is the responsibility of the individual permittee
to obtain required inspections before a building or ¢
use is completed or occupied. A CERTIFICATE OF OCCU-
PANCY must be issued on commercial projects, as
required by the Zoning Ordinance and Building code,
before any structure is released for public use.
2. SAFETY STANDARDS: !
Every sleeping room below the fourth (4th) story shall (k
have at least one (1) operable window or exterior
door approved for emergency egress or rescue. The
j units shall be operable from the inside to provide a
full clear opening without the use of separate tools.
All egress or rescue windows from sleeping rooms shall
have a minimum net clear opening of 5.7 square feet.
The minimum net clear opening height dimension shall
be 24 inches. The minimum net clear opening width
dimension shall be 20 inches. where windows are
provided as a means of egress or rescue they shall
have a finished sill height not more than 44 inches
above the floor.
Every dwelling and quest room in lodging houses and
every dwelling unit within an apartment house shall be
provided with smoke detectors approved by Underwriters
Laboratories or Factory Mutual. In dwelling units,
detectors shall be mounted on the ceiling or wall at
a point centrally located in the corridor or area
giving access to rooms used for sleeping purposes.
Where sleeping rooms are located on an upper level,
the detector shall be placed at the center of the
ceiling directly above the stairway. All detectors
shall be located within 12 inches of the ceiling.
{ When actuated, the detector shall provide an alarm in i
the dwelling unit or guest room. I
Every attic or furred space in which a ward-air
1 furnace is installed shall be readily accessible by an
opening and passageway as large as the largest piece
of the furnace and in no case lass than 30 inches by
22 inches continuous from the opening to the furnace
and its controls. The opening to the passageway shall
be located not more than 20 feet from the furnace
measured along the center line of such passageway.
Every passageway shall be unobstructed and shall have
solid continuous flooring not less than 24 inches wide
from the entrance opening to the furnace.
Standards of Workmanship - Page 23
i
owl
rdaNo Q
_ A kitchen type exhaust hood whidl~ i
shall be vented through the roof- d not he IQ -uAU d'
}fi attic space. 660816
i Exhaust fans vented to the outside or into ventilated '
attic space are required in all bathrooms unless an
openable window is provided in the bathroom.
Gas-fired water heaters may Mt be located in e
bedroom or bathroom or in a closet opening into a
bathroom or bedroom.
Gas-fired water heaters located in garages must be
elevated at ier.-tt is inches above the garage floor and
shall not be loc. c.d in the patliway of an automobile.
The number and location of receptacle outlets shall be
i as required by the 1991 national Electrical Code.'
r}
~ L.
1
r ,
i!5+ I
Ala J' J, +Y {F~ ~ r•~
4 1 i r1' y,
Y
1
Standards of Workmanship - Page 24
I
r .i.wii v'.rrr. ~r.ti M`NMIr4IMM1M.f !
d aR:'e
I
I
i
COUNCII
t
R l l
-top
~t nvYr J r F r...
it r
.raw
r I t
y. 7r ~ Y ~tN
1 r l'r ~f F: k ;
IN
z ~
} .41
•J '
l
4
1
ApenQeNo
.,L=V'~~C-~ = u
CITY COU901L REPORT FORXRT ICQ (7
TO: Mayor and Members of the City Council
FROM: Lloyd V, Harrell, City Manager
I
BOW: Approval of an ordinance setting guidelines for operation of
the City of Dentonts Optional Reconstruction Program. j
Eligibility criteria as set forth in the program guidelines
for the purpose of authorizing expenditures in excess of
$15.000 for projects meeting guidelines and criteria.
` RSCONXIMMIONs
Community Development staff recommends approval of this
ordinance.
BAY:
Approval of this ordinance adopts the Optional Reconstruc-
tion Program guidelines (provided Council under separate E
cover) and authorizes contractor payments in excess of
$150000. This program allows for demolishing structures not
feasible for rehabilitation and reconstructing a new
structure within the maximum home subsidy limits sat by HUD
for the Denton area. City Council will not be required to
approve individual projects or project expenditures. This
action will allow this program to function as the Homeowner
Rehabilitation Program has in the past.
1
City of Denton Ordinance 93-182, item 10.30f Section B.
states that any project or purchase that exceeds $15,000
f must be approved by City Council to comply with State
statutes. The maximu!n expenditure for a reconstruction
project will exceed VAs $15,000 limit.
The Community Development Optional Reconstruction Program
Guidelines set forth eligibility criteria for expanding
Federal and State HOME Grant funds on a project where it has
been determined that rehabilitation is infeasible. :"hose F
guidelines adhere to tta rules and regulations as sat forth
by the U. S. Department of Housing and Urban Development f
(HUD) regarding project cost limitations and oligible income
ranges. Criteria for monitoring/approving applicants and
project expenditures are defined In the program guidelines.
monitoring visits by both HUD and the Texas CM-partment of
Housing and Community Affairs (TDHCA) are made on an annual
basis to ensure that Federal and State regulations are
adhered to.
i
i
aVJr
l
f,
,
1
AGOWA O q4! -039 i
Report Format
October 4, 1994 to Page 2
Z~ 1`7
Contracts are between the homeowner and the builder.
payments to the general contractor are made following a
request by the contractor based on approval by the property
owner, Community u-ivelopment Inspector and the Community
Development Administrator. Final payments on all projects
are also contingent on approval by the City's plumbing and
electrical inspectors.
Community Development staff estimates 5 to 8 reconstructioa.
` projects will be completed during the 1994-95 budget year.
These projects will exceed the $15,000 expenditure limit.
For ease of administering these programs, it is recommended
i
guidelinesy/andoexpendyitureellimits sbef aphr vedeby oCity
Council once annually rather than requesting approval of
expenditures for each individual project. Approval of this
ordinance will be requested on an annual basis to be in
compliance with State statutes.
noaUu DuARU rrrB OR OROupB AZZINTED:
The
cCommunity ompliance with F deral staff and State regulations is program
FIMQ . IMPICY1
N\A
Rasps fully submitted:
o Harrell
City Manager
j Prepared byt
Nancy aker ~
Community Development office
} 4r&~OkA ved:
o at CP
tiv$ Dirac or for planning & Development
P
..T..
E : \ WDOL f \OMC \Ci TAECOM.O
Date_.L N . Z) ORDINANCE N0. _
~E
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON# TEXAS,
APPROVING GUIDE?"1NES FOR OPERATION OF THE CITY OF DENTON OPTIONAL
RECONSTRUCTION PRCGRAM AND ELIGIBILITY CRITERIAI AUTHORIZING EXPEN-
GUIDE
LINE3 ANDNCRIEXCESS OF TERIAf $15oOOO FOR PROJECTS
AND -
FOR AN EFFECTIVE DATE.
WHEREAS, the city council of the City of Denton recognizes the
need to assist lox and moderate income families in securing safe,
sanitary and decent housing; and
WHEREAS, the City of Denton participates in a Housing Rehabili-
tation Program administered by the City of Denton Community Devel-
opment office and funded through a federal grant from the Depart-
ment of Housing and Urban Development; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That it approves the Optional Reconstruction
Program Guidelines and Optional Reconstruction Program Eligibility
Criteria which is bttached to this ordinance as Exhibit "A" and
authorizes the City of Denton Community Development. Office to 6
j administer this program. k
"=QNII. That it authorizes the expenditure of funds in
excess of $15,000 by the Community Development Office for projects
meeting program guidelines and criteria.
j aarrrax Iii. That this ordinance shall become effective immed-
iately upon its passage.
PASSED AND APPROVED this the day of , 1994.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:_
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY: 3.
-
1
I ApeAde Mo q ~
Apridalte F
Date -
"D l 7 4
EXHIBIT "A"
CITY OF DENTON
OPTIONAL RECONSTRUCTION PROGRAM
GUIDELINES
f
i
i
.1
1I
p tr.
AgendaNa 9 y ~ G s ~
Agendalt
44
TABLS of OONTENTS Otte-!D
f~ ! 7 G
I. PURPOSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page I
11, DESIGNATED AUTHORITY . . . . . . . . . . . . . . . . . . . . . . Page I
III. IMPLEMENTATION PROCESS . . . . . . . . . . . . . . . . . . . . Page 3
IV. ELIGIBILITY REQUIREMENTS . . . . . . . . . . . . . Page 3
V. FEASIBILITY OF REHABILITATION Paqa 4
VI. SELECTION OF RECIPIENTS FOR ASSISTANCE . . . . . . . . . . . . . Page 5
VII. FORMS OF ASSISTANCE AND ALLOWABLE EXPENSES . . . . . . . . . . . Page 5
VIII. REHOUSING AGREEMENT . . . . . . . . . . . . . . . . . . . . . Page 8
IX. FINAL INSPECTION • CERTiPICATE OP OCCUPANCY . . . . . . . . . . . Page 9
r
l PROORKU INCQlE RANCE TABLE . . . . . . . . . . . . . . . APPENDIX 1
L
APPENDIX
REHOUSING AOREEMENT FOR HOMEOWNERS . . . . . . . . . . 9
a
+ a.
i'
t
1. 1
i
f
I
s..
Fee
~ AOendeNo •Q33 _
i CITT or D6B' K Agendl~ 9C
OPTIONAL RscogeTRDCRIOr PROGRAM Date
6
09IDLLIRt6 ,
a
unless levels stated otherwise, general operating procedures coatalmod is tls a
Cit! of Destos's Community Development Boaeowasc Rahabilitatlom Program
ai;elises will be followed.
I. tQ.El4li. ~
A. The City of Denton, Texas, will provide assistance n4.cessary to
accomplish the reconstruction of dwellings not feasible for q
rehabilitation through the Bomeowner Rehabilitation Program. The
Optional Reconstruction Program will provide funds to temporarily
relocate occupants from dilapidated structures into adequate, decent i,
safe, and sanitary dwellings, demolish existing dilapidated
dwellings and reconstruct adequate, decent, safe and sanitary
replacement dwelling. In addition, the City will also promote the
elimination of alas and blight that exists in the City.
8. Reconstruction payments and assistance will be carried out under the
City of Denton's Community Development Program as an eligible
expense from project funds. Assistance shall be subject to the i
availability of grant funds and U.B. Department of Sousing and Urban
Development (BUD) implementing regulations. Administrative
procedures will be modified to meat any change in rules and
regulations of BUD which may occur over time.
i
It. 0121I09ARAD AVMRITT
A. Adainistrativo authority for implementation of the grogram will rest
with the City of Denton's Community Development Office. This office
will serve as the approving of flee for Rehousing Agreements and for
contractual and budget changes as needed for project completion.
j B. The Community Development Administrator will have the responsibility
for final determination of the amount of reconstruction and
relocation assistance to be made available to individual applicants
in accordance with the implementing procedures. This determination
will be based upon evaluations of the costs to be incurred by
alternative housing opitoa and upon needs of individual applicants
with respect to tamporsiy eddooation assistance and other expenses
required in order to falilitate the rehousing of the occupants.
Co The C'waunity Development Administrator will be responsible for
approval of applicant eligibility for the program and final approval
of selection of applicants to be anointed. This will be based upon
relative need of applicants on the City's list of houses which have
bean determined infeasible for rehabilitation under the City's
Sousing Rehabilitation Program.
III. PLOMMMION Most
Steps in implementing the program will be as followee
Revises 8/14/96 Program aideli■es - Page 1
agenda No 3 Agendalte wets / 4t1jfLj A. Community Development Office maintains list of applicants o 1-7
or
housing rehabilitation program assistance where a determination has
been made that the structure is not feasible to rehabilitate to
minimum standards under the City's Sousing Rehabilitation Program.
i
B. Homeowner is notified that the rehabilitation of the structure has
bean determined to be infeasible. Eligibility requirements for the
optional Reconstruction Program must be met for applicants to be
placed on the optional Reconstruction Program waiting list.
C. Staff evaluates applications for reconstruction assistance as
specified in Section VI. Staff processes applications as possible
under funding and staff limitations.
0. Homeowner is informed of available housing options, Including
temporary relocation payments and assistance.
2. Homeowner submits a Replacement Sousing Assistancet Request,
acknowledging receipt of information explaining the City's program,
and requesting reconstruction payments and assistance to enable
homeowner to obtain suitable and adequate housing.
Community Development Staff determine whether or not approval of
homeowner's Replacement Housing Assistance Request reasonably may be
expected to result in the successful and feasible rehousing of the
homeowner. In oases where the homeowner's general health or income
level would pseolnde his or her adequate and responsible operation
of a replacement dwlling7 and/or eases !n which the oats of the
replacement dwelling would bs snbetantLally above the costs of
typical caaes~ end to the extant that the probability o! the city
reaching !ta Community Development Program goals would be endangered
due to ow t overruns, the homeowner's request may be denied. The
homeowner will be notified in writing o! the determination aril, if
the zagnast is not approved, the rsaaona !or denial. lthen the
determination is approval oS the applicant's request, a tbtiea of
Approval will ba sent informing the homeowner that the City is
authorised to enter into a Rehousing Agreement with the homeowner
for a specified Replacement Housing Payment determined appropriate
by the city pursuant to its Reconstruction Policy. Prior to any
agreement being executed between the homeowner and the City, the
Community Development off Ica will comply with the public disclosure
and notification/authorisation to and from SOD requirements
according to 24CTR Part 70, Section 104(d), Reconstruction and One-
for-One Replacement Housing Requirements.
0. A Rehousing agreement is executed between the homeowner and the
City, under the terms of which the homeowner agrees to move
permanently and voluntarily from the dwelling on or before a
specified date. The City agrees to provide the homeowner with a
specified amwant of Replacement Housing Payment to be used for the
sole purpose of obtaining a suitatle decent, safe, and sanitary
replacement dwelling.
S. Community Development Staff will provide counseling and assistance
as needed to approved homeowners in order to facilitate the
homeowner's rehousing, including referrals to builders, suppliers,
eto.r and in extreme hardship cases, provision of tem ppoorary housing
or reimbursement of temporary housing expenses and reimbursement of
movinq, storage, and other necessary expenses related to rehousing
the applicant as specified in the terms of the Rehousing Agreement.
Baflsed 1/10/94 Frogran OsLAallmes - Page 2
rd
t
~gendaNo ~,+'e9
4endalte S
r, 9C
JGit l6 - L
I. The homeowner and the Comnnit Development agree
arrangement and method of the.,I roved payme ts,ftf ice
he heowner will
execute a contract with a builder for the selected replacement
he lsubgstandard dwelling wiand'a for contract lot and ! site the
clearance demolition
preparation.
R. When appropriate, the homeowner voluntarily vacates the substandard
dwelling.'
6. The replacement dwelling is constructed and appropriately inspected
by the City to determine adequacy and compliance with City codes, '
No City certifies that the replacement dwelling is decent, safe, and
sanitary and ready for occupancy. City issues Certificate of
Occupancy.
W. Bomeownar accepts replacement home. {
0. 1111 remaining approved payments are made to homeowner at a formal
closing ceresnny, and homeowner acknowledges receipt of payment.
P. Upon eoepletion of all actions in regards to reconstruction,
homeowner acknowledges in writing that all payments, assistance, and
conditions of the Rehousing Agreement have been received to the
applicant's satisfaction.
1 Q. someowner occupies replacement structure, f
1
IV. ihIOI\ILT3! esOO2 rrrwwr
lligibility for reconstruction payments and assistance shall be estab-
lished as followse
A. Applicant must have applied for rehabilitation assistance under the
City of Denton's Sousing Rehabilitation Program.
8. plioant most have been rejected for rehabilitation asaistnnco on
the grounds that the applicant's occupied dwelling was not feasible
to rehabilitate.
Co Applicant must be an owner occupant of the dwelling for which
rehabilitation assistance is requested and reside within the city
' limits of Denton. The dwelling most be the applicant's principal
residence for a minimum of 2 years prior to the submission of a I'
completed application for assistance,
D• Applicant must present proof of ownership by General or Spscial
Warranty deed. City staff will verify proof of ownership with title
searches as necessary on the property where the dilapidated
structure exists and/or the site where the replacement housing will
be built. In situations where the applicant does not have clear
title, attempts to clear the title will be initiated with the
sssistanoe of the applicant. When meeting this guideline require-
scant is not feasible, applicant must present proof of ownership
(General or Special Warranty Deed) showing fee simple title of 501
or more ownership in the applicant's name. (All other titla holders
will be requested to relinquish their title rights to the appli-
cant.) Applicants with less than 1001 fee simple title most have a
continuing right to occupy the promises, Applicant must provide
hevised 1/14/04 Program OsLdellsee - Pago 3
1
1
Agenda No Q'0/-
Agendal~e - °!C
Date q 4
I
documentation for all existing liens. All current lienho deers will
F be requested to subordinate their lien position to the city.
i E
Applicant must establish that all property taxes are paid on the
property to be vacated (and/or the proposed construction site) and
that all other liens ■re satisfied or released. No assistance will
be provided on propeities with taxes in arrears. The City will
r relinquish first lien position only to a mortgage company. In all
other oases, lienholders will need to relinquish first lien position G
to the City.
4 y. Applicants shall provide complete and accurate information regarding
their household composition, household income, and housing situa-
tion. Failure to disclose information which may offsot eligibility
requirements shall also constitute fraud. Applicants shall be
i required to make full restitution to the City in the event community
ir
Inaccurate or evelopment services are provided to applicants who provided
requirements. Req eats fornl1furder as ain order to most ssistance will be denieddiunless i
restitution is made in full.
6. Applicants must be certified as financially able to maintain their
housing expanses.
1. Applicants will agree to conform with Denton Code =ntorcement
requests prior to being determined eligible for r lacement housing
i assistance. Applicants agree to maintain dwelling and exterior
grounds in accordance with applicable city ordinances.
I ~
I. Arplicants will be encouraged based on individual needs to attend I
Community Development homeowner education classes, with emphasis
b
and eing laced on maintenance, budgeting, cost effective decoratinq,
responsibilities of home ownership when available.
Y. FIASIIILI?i QF a■ n..e■erti
A. Feasibility of rehabilitation of o
standards will be made following a property inspection pf the
pcopsrty by Community Development Program staff. This the
include completing a list of deficiencies which rust be corrected
rreotad
in order to bring the structure into compliance with BUD codes and
city of Denton codes as defined in the Uniform Building Code, 1991.
B. Feasibility of rehabilitating structures under established program
limits will be determined by an assessment of the following
Grit ens la l
The estimate coats needed to correct all code violations and
to correct all deficiencies in order to bring a structure into
compliance with BUD codes and City rehabilitation standards a
most fall below program limits and, the estimated cost to
rehabilitate shall not exceed 73 percent of the total eti-
mated after rehabilitation value of a structure.
Units not meeting these standards will be deterainai infeasible for
rehabilitation assistance and, therefore, may be eligible to apply
for reconstruction assistance.
Revised 8/16/94 Program Oaldelime - Fags A
41
t
AgendaNo s
Agendalte /V AI/J.
j
bete
Vz SILRCTION or UCIPIMIS rot 188I22KICR O ~ /7
A. initial recipients of this program will be taken from the list of
homeowners residing in structures determined to be infeasible to
rehabilitate. Additional recipients will be added during subsequent
operation of the City of Denton Sousing Rohabilitation Program.
6. The number of recipients to receive assistance will be subject to
availability of funds.
C. Applicants will be laced on a waiting list for reconstruction
assistance based on the time and date they originally applied to the
Community Development office for assistance.
t' VII. PON11 or sasIAT►BCR >1RD ULMULR RIP NUX
a
The primary fora of assistance to be provided will be the use of BONN
grant funds to pa for the cost of the replacement dwelling. The maximum
allowable SON Subsidy Limits listed below are the maximum budget total to
be spent on a Froject. Project coats include, but are not limited to, the
cost of demolition, site preparation, temporary rehousing expenses, cost
of replacement dwelling, etc. These limits arei
j; Number of hadroom■ Maximum SOIDI Bnbsidy_ Limits j
1 011,05<.00
2 0491921.00 4
3 064,581.00
4 $70,690.00
x Ia cease of both rehabilitation or replacement dwelling, no reconstruction
will net fewer bedrooms than the number of bedrooms a family has before
reconstroction. Room additions and improvements to relieve serious
overorowdinq may be eligible only with the approval of the Community
Development Administrator. In gonoral the City will follow the standards
I.-onsistent with the applicable B)usinq Quality Standards described at
24CPR 442.209(b (2) when considu ing the number of bedrooms needed to
avoid overcrowdingi
} of Occupants fn ~B~o~!~. ~
} of Bedrooms maim
2 1 4 j
3 3 6
/ 6 8
Generally, thane standards allow for two persona of the sue sex per
bedroom.
The C/ty of Denton has four financial assistance categories for those who
qualify for the Optional Reconstruction Program Those categories are
based an the 1sceme Limits "A ! ggea Les the City or Desteara
ritbrally_Assistai Preerams (see appesdix to tlae ysidelises for csrreat '
Mylsd 8/18/96 Program GoLdolises - Pate 5
i
~a
apeodsNo C -0
A wdah
Date 10 ~ N
'
1144 17
Iacono limit ranges). A description of the financial assistance }
categories and their requirements area
°t
A, Twenty_ Percent fteaonetruction Loenfriohtv,i'ercent Deferred PaYsent
leis G
n
Clients whose sr MBA median household l income s limits falls wilabove qualify p
801 of Denton for .
r
this two-part loan)
to a 31 intareft qaa with the loan amo.uot being based on 201 of
the total project cost (excludin temporary relocation and
demolition costa). The 31 loan will be amortised over a 10-
year period 1120 months). The lien will not be released on
this part of the loan until all 120 payments use received in 11
toll by the City of Dentons arl
2. a dAJMKred oavment loan with the loan amount being based on
001 of the total project cost (excluding temporary relocation
and demolition costs). A detailed description of the deferred
payment loan is found below after section MID.
Bs Ton Percent geconetzuation Loan/Kinety Percent Deferred Payment
IR.iAn
Clients whose gross anneal household income falls above 501 up to
651 of Denton's NSA median family income limits will qualify for
this two-part loan)
1. a 13 interest loan with the loan amount being based on 101 of E
the total project cost (excluding temporary relocation and
demlition costs) to be amortised over a 10-year period. The
lien will not be released on this art of the loon until all
120 payments are received in fall 9 the City of Dentonj and
2. a defarged qM with the loan amount being based on
a0i of the total project cost (excluding temporary relocation
and demolition costs). A detaiiud description of the deferred
payment loan is found below after section VII.D.
i Cs Pive Percent Reaosst_uetion Loan/Ninety-five Percent Deferred
Pavmeat Loan
r I .
Clients whose gross annual household income falls above 301 up to
501 of Denton's MBA median family income limits will quality for
this two-put loan;
1, a 31 Interest loan with the loan amount being based on 51 of
the total project cost (excluding temporary relocation and
demolition costs) to be amortised over a 10-year period. The
lien will not be released on this part of the loan until all
120 payments are received in full by the City of Denton and
20 a deferred Mment loan with the loan amount being based on
951 of the total project cost (exoloeinq temporary relocation
and demolition costs). A detailed description of the deferred
payment loan is found below after section VII.D.
D, Two and one halt Percent 1wonstraction Loan/Ninety-seven and on*
half Percent Da*orrad Payment Loan
i '
1MHud t/36/!~ Preoram Osiselises - Page /
1
sue.
Agenda No q 1.! -O 3
Agendalta
Wte 'r
Clients whose gross annual household income falls at or below ?01 of ?
Denton•s XSA median family income limits will qualify for this two-
part loam
1. a 31 interest loan with the loan amount being based on 2.51 of n
the total project cost (excluding temporary relocation and
S demolition costs) to be amortised over a 10-year period. The r.
lien will not be released on this part of the loan until all s
120 payments are received in full by the City of Derton) and
2. a deferrthed ovmant loan with the loan amount being based on
97.St of e total project cost (excluding temporary reloca-
tion and demolition costs). A detailed description of the
deferred payment loan is found below.
!DRRCRIhlIOa! Of A DiTSRRD aAIMM ■
A deferred payment loan shall carry 01 interest and continues until
the applicant satisfies the conditions listed in the promissory note
executed prior to project start date. There are no monthly
payments. Deferred payment loans are secured by a lien on the
property, The lion month the homeowner wlives e on for the 0p months 70 of the rtotal
deferred ppaayment loan amount will be forgiven. If the reconstructed
dwelling is sold or transferred before the lien period aspires, the
homeowner is credited for every month spent in the house. The
credit is subtracted from the total loan amount. The unforgiven
balance is owed and becomes due upon sale or rental of the property '
to the Community Development Program and received and used thereof
as program income. The City of Denton will be in the lot lien
wposition all reconstructed dwellings. eowever, in situations
position is not feasible, the City will accept a
lower lien position subject to the review and approval of the
Community Development Administrator. This lien will not be forgiven
until this following conditions are mete
1. the homeowner must reside in the unit for a period not leas
than ten years] and
2. the property most be maintained to most city code rsquirc-
ments) and
3. mortgage payments must be met on a timely basis and
48 homeowner most provide documentation of adequate homeowner's !
Insurance including casualty and fire coverage, and the city iI
must be listed on the Certificate of Insurance to be notified
in case of policy cancellation] and
S. In the event of a sale or transfer of ownership during the
ten-year period, the following conditions will applys
a, sell or offer the assumption of the loan to a low/moder-
ate inoome family approved by the Community Development
Offices or
b. ■0a the unit available for lease to a low-moderato
income family by making the unit priced affordable and
maintaining the unit to most applicable city codes.
If within this ten-year period the homeowner defaults on their deferred
payment loan, and/or if the homeowner defaults on payments on their 31
savisaA 1/14/94 Program Osideliaes - page 7
r,
~ ~ rwr
Agenda No a tj-013
Apendalfen~.~tC
'cL
fete b-!.
lntorest loan, the loan wilk b•
Proceedings may be initiated. The City wl due n
m livrYa•llort foreclosure work
f with the homeowner to avoid foreclosure and will Ake
a
a ease by case basis examine each situation on
.
E. Allowable expenses will includoi
1. Cost Of total demolition and clearance of the dilapidated
structure, lot clearance, and preparation of job site for new
replacement dwelling.
2. City approved actual and ressonabl• moving • ns•s
storage of homeowners belongings as needed, plus 1
3. Cost of utility and appliance transfer* and hookups as
necessary (excluding cable TV).
4. City approved legal and Jilin
clear title to property, g fees necessary to oLtain a
5• Coat of temporary housing as sat forth in the City of Denton•s
Community Development Tenant Assistance Policy, Costs
exceeding the Policy can be made In extreme hardship cases
when determined necessary by the Community Development staff.
6• Other expenses the Community Development office determines co
be necessary to facilitate t'a relocation of the homeowner.
7. Cost to reconstruct safe, sanitary, docent replacement
dwlling.
P, Community Development staff wi11 also provide assistance and
counseling to applicants as nodded, including the following
1. information on this program and rehousing options available.
21 Assistance in soliciting bids for replacement housing. ;
9. Assistance In temporary relocation and related concerns.
11 Assistance in contractual compliance bet
w•
rnntraotor, en homeowner and ~
5. Assistance in inspection of construction of replacement '
dwellingr if applicable.
b. Assistance to applicant in evaluation of future maintenance
burdens of various housing options.
Vill.
A. EE~~ach applicant assisted through thu program will sign a P.ehouaingi
Thaeagreemente tabu b which a outlines the a on whichrthe~nhomeowner gqreset
permanently vacate the present structure, *gross to emolition of
the present dilapidated structure, agrees to occupy the replacement
structure when structure, is completed an,! read to b• Inhabited, and
ogress that temporary housing will terminato w9an structure is ready
for occupancy an determined by tho City of Denton.
lovised 1114106 Program auldoliaes - Page 8
6V.. tYy
aie
Rr
` Agendalte/~S.r.~A C~
^ U 4
Uate., *
reaasnt outlines the City's responmibility to
p, itie Rehousing Xg ent, that includes bearing the cost ;
provide replacement housing pays expanses ttiat have been deter-
of temporary relocation and moving mined reasenaDU, and obligates the City to bear the cost of utility
and apQlianas hookups and other tees which may be necessary to make
the rahouaing possible.
A. + =j, n1L Iraff"w~*A~ G+llSitiw~~e n! aL1M11t':~
She. City of Denton Will be responsible for final inspection of all housing
units made available through the program to determine that the replacement
unit made available through the program ew d oorzeoNd c This
unit and all items identified in a opurah list .
j Certificate of Occupancy Will serve as evidence to ROD of the. City's laced i determination that the dilapidated atruc s hasth~uily has
by a bexi
decent, sate, and sanitary dwelling mind that suooesafelly relocated.
•Y i
+ l ~
Y
A
~ I
, 't rl: i l 1'
Yt~ $
Raised 1/11/94 Rr"ram tsideliaes - fate
•I
i
AQpandix 1
Awised 00/10/94
j
QuALIMUG INCOM LIMITS AHD RAmme roR THB CITY or DRUTORIS
rsD$RALLY ASSISTRD PROGRAMS
1
i
ISCOMN PANNE AND LOAN DESCRIPTION FOR TU OPTIONAL REOONSSRDCTION PROORAN
i
FAMILY 204 PAYABLE LOAN/ 101 lAYABLti LOAXI 51 PAYABLE LOAN/ 2.51 PAYABLE LOAN/
SITE 601 DSPERM LOAN 901 DIF~ Mi LOAD 961 DEFERRED LOAN 97.51 DEFERRED LOAN
1 $25,600 - $101601 $20,S00 - $16,001 $16,000 - $ 90601 $ 9,600 OR BELOW
2 $29,150 - $23,791 $23,790 - $18,301 $101300 - $100901 $20,900 OR B=LOW
) $320900 - 026,716 $26,715 - $20,551 $20,550 - $12,3)1 $11,)10 OR BELOW
$16,550 - $290706 $291705 - $228651 $22,660 - $1),711 $l3#710 OR BELOW
4 5 $39,500 - $320111 $)1,110 - $24,701 $21,700 - $148821 $14,020 OR BRION
6 $41,/00 - $34,IS1 034,450 - $26x501 $26,500 - $150901 $150900 011 8SL011
7 $45,350 - $360806 $36,865 - $200351 $28,350 - $17,011 $17,010 OR 66LOM
S $10,250 - $)9,196 039,195 - $300151 $)0,150 - $10x091 $16,090 OR BELON
Zf ma fm-PAR! Low CatmRIES THE,
PAYABLE WAX IS BASED ON A PRECUT OF TEE -AiTAL COST TO RSCONSTRUCT (LESS RELOCATION AND DINOLITION COSTS► WITS
pAYNfllili AMgR4ItID OVER A 10-YEAR PERIOD (120 HUNTBS) AT A TEASE 1IRCINT INTEREST RATE (APR).
IS BASED ON A PERCENT OF TOR TOTAL COST TO RZOONSTROCT (LESS ALLOCATION AND pRMR)LIIIOM
TOR DEFERRED PAYMENT LOAN CONT[NDfB Unit, "it APPLICANT
COS") AND CARRILS A RRO lERCLNT INTEREST ME.
SATISTIRS TBE COIDITIONS LISTSO IN TEI PROMISSORY NOTE (IXICUTED PRIOR TO PROJECT START DATf)♦ TBiRE ARf ND
NOWNLY PAYMENTS. DIFUMD PAYMENT LOANS ARE SECURED BY A LIEN ON TRY PROPERTY. TEE LISN IS FOR 120 moms
110 YEARS).' 1 ti %pSI
1/Vr IO
~hb
ONV
<.d y
i Apendal
bete o-t
MM r
16 op
CITY OF DENTON
COMMUNITY DEVELOPMENT PROGRAM
OP'T'IONAL RECONSTRUCTION PROGRAM
REHOUSING AGREEMENT FOR HOMEOWNERS
THIS AGREEMENT, made and entered into FIELD(i), by and between the City of Denton,
Texas, and FIELD(2) hereinafter referred to as Owners. This agreement covers the structure
occupied at the following leo address:
FMD(3)
WHEREAS, The Owner has heretofore requested and qualified for the Homeowner Rehabilitation
Program with assistance from the City In order to obtain adequate, decent, safe, and sanitary
housing under the City's Community Development Block Grant and HOME Program; and
WHEREAS, the City has determined that rehabilitation of the Owner's residence is not a feasible
alternative; and
WHEREAS, the City has determined that it is appropriate under the community Development
Program to provide the Owner certain relocation payments and assistance necessary to
accomplish the voluntary relocation of the Owner from the substandard, unrehabable dwelling
cufently occupied Into an adequate, safe, and sanitary replacement dwelling.
NOW, THEREFORE, the City and the Owner for and In consideration of the covenants am
promises as hereinafter set forth, do agree as follows:
1. The Owner agrees to vacate permanently the currently occupied substandard
dwelling within 10 days notice by the City for the need to vacate.
2. The Owner agrees and hereby authorize: the demolition and removal of the
currently occupied dwelling and clearance by the City of the property. The
Owner furtha releases the City from any and all claims arising from this action
3. The Owner agrees to take possession and occupy the replacement dwelling when
such dwelling is completed and the City determines It to be ready for occupancy.
The Owner further agrees to siiz any required instruments to effect this item.
4. The City agrees, subject to tl+e provisions of the City's Optional Reconstrucdon
Program Administrative OuMlines, to provide the Owner a Temporary Housing
Paymm.
si.*,..ro{
r
~geAAaNo +-l -O 's
Ageodalt
Date
5. The maximum budget authority for the Optional Reconstruction Program Is
FIELD(4), which Includes, but is not limited to, the cast to demolish the existing Q
dilapidated structure, approve! Temporary Relocation Payments and the cast to
reconstruct an adequate, decent, safe, and sanitary replacement dwelling on the
original site (lot) of the dwelling vacated by the homeowner.
6. If required, the City agrees to pay a Temporary Housing Payment: Utility transfer
or hook-up fees determined by the City as necessary; approved moving and
related expenses necessary to effect the moving of the Owner's personal
belongings from the original vacated dwelling into temporary housing and back
into replacement dwelling; and other expenses determined necessary by the City
to complete the rehousing of the Owner.
1
r
HOMEOWNER DATE HOMEOWNER DATE
CrfY OF DENTON:
1
I
.k
BARBARA ROSS, COMMUNITY
Y DEVELOPMENT ADMINISTRATOR
r;
k . NANCY BAKER, HOUSING
RBFIABMITAMON SPECIAUST
i
,
r
.r=T TY.~._.~..
- r.
teC®UNC ;
~
F
c 1~
I ;1C
h
i
t{{, ri` .yt I
/
' 6 a r
I
` y
j
t
INS-
i
ApendaNo 9'~-03--~
Oats ,
CITY COUNCIL AGENDA ITEM
.
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
9 FROM: Lloyd V. Harrell, City Manager
i
SUBJECT: Consider Approval of Ordinance for Texas Utilities Electric Company New Rates
I i
kWOMMENDATION:
The Staff recommends approval of the ordiranee approving the four new rates proposed
by Texas Utilities Electric Company to the ,,xunt those rates are approved by the Public
Utility Commission.
SUMMARY:
4 On June 6, 1994, Texas Electric Utilities Company ("TU") filed a "Petition and
Statement of Intent" to offer four new electric services to TU's Denton customers,
effective July 11, 1994. On July 5, 1494, the City Council approved a resolution
I suspending TU's proposed implementation of the new electric sates in order to allow
E. i sufficient time for the City to consider the data fiH b!r TU. Having considered ad the
{ available material, staff recommends approval of the proposed rates for TU's Certified
Service Urea TO THE EXTENT THAT THE PUC APPROVES THE PROPOSED
RATES. 1.
,
The four rates are as follows:
5t,rvice (Refer ED) - this rider to existing
1. Economic Development
commercial/industrial rates Provides for discounted electric demand charges as
when a customer adds additional load of 200 kilowatts or greater. It is essentially
identical to Denton's Indust'ial Development Rate.
2. General Service Competitive, Pricing (Rate GC) - this rate provides for negotiated
reductions in electric demand charges when the customer would self-generate its i
electricity or obtain servioe from another energy provider.
b
4
s
Lu.tr;•
+AMP
- ~,vrvr•r~ ,rte...
1r venda q~1~4
S
01 1#~D
We
rn_yLq 4 r3. Wholesale Power Competitive Pricing (Rate t
negotiated reductions in electric demand charges when th- this e customer wou deself r
generate its electricity or obtain services from another energy provider.
4. Environmental Technology Service (Rider
137) - this rider provides for
discounted electric demand charges to customers who switch to more energy-
efficient electrical technologies or processes that improve the environment
s BACKGROUND:
TU serves 700 customers in Denton in dual certification areas. These areas are p~rily
Ranch Estates in the western area of the City, Denton West Mobile Home Park located
at Teasley Lark and Ryan Road in the Southern area of the City and Vacation Village
Mobile Home Park and Royal Oaks Wheel Estates and i
area of the City. The surrounding areas is the eastern F
ty Ranch Estates area was being served by TU prior to creation of
the Public Utility Commission in 1975 and the subsequent establishment in 1976 of the
Certificate of Convenience and Necessity (CCN) areas wherein specified areas to the
south and east were outside of Denton's city limits and were given dual certification at
that time. Denton has subsequently annexed those areas. In 1985 Denton catered into
a street rental agreement with TU in order to receive 3% gross receipts street rental fee.
The street renal fee was increased to 4% in July of 1993. TU's gross sales in Denton
were $1,719,100 for the agreement year August 1992 to July 1993. Of that amount, the
City received street rental revenue of $34,797.86. i
PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED: N/A
PISCAL IMPACT; N/A
RESPECTFULLY SUBMITTED:
{
Y
City Manager
Prepared by: '
j
f
"W vV
R.E. Nelson
Executive Director of Utilities
i
w
r
3' j
1~ PAW
+gMNO.
EXHIBIT L Ordinance Ag9tld2~lteftt s
Oate
r 11r,. r r 1 1. \I..
Jy~
Ie ~ px1 1 7 1, S.
,r
1
,
4
t A:ti.1': •.x.` r,1'Aiyw~rj~~~~.N,+}KMM.Ikf~
r_: ; F
o
VgendaNo
~
DOCKET NO* AAendalt
Date d'N'
4
1 apnicanow Of TZX" UTILITIES i 32FORX E c
ELECTRIC COMPANY FOR AUTIORITY i
TO IMPLEMENT ECONOMIC DEVELOP- i PUBLIC UTILITY COMMISSION
No SERVICE, GENERAL SERVICE
COMPETITIVE PRIQING, ViOLESALE I OF TEXAS
POKER COMPETITIVE PRICING, AND
3"lROMMEMTAL TECEMOLOOY i
° UERV7:CE E
PETITION AND STATEMENT OF INTENT i
TO THE HONORABLE PUBLIC UTILITY COMMISSION OF TEXASs
For its Petition and Statement of Intent, Texas Utilities
Electric Company ("TU Electric"), a corporation organised and
existing under the laws of the State of Texas and a public utility
as that term is defined in the Public Utility Regulatory Act,
Article 1446e, V.A.T.S. (the "?URA"), respectfully submits the
following:
TU Electric proposes tariffs under which it seeks to offer
four new services within its service territorys
(1) Economic Development Service through proposed Rider
ED, which is a rider to TU Electric's existing General
' Service Rates GS, GP, and HV that provides for a
discounted demend charge to those that qualify under the
terms of the Riders Rider ED is designed to contribute to
the economic development of the service territory by
attracting new businesses and industries' and the
expansion by existing businesses and industries {
1
(2) General service competitive Pricing through proposed
Rate cc, which provides for a negotiated reduction,
r
. ~ Date /a' ~/~IN
Within limits, in the demand charges that would o!iswisa
be applicable to the customer's electrical load under TV
Electric's General Service Rates GS, GP, or NV, where the
customer's electrical load otherwise would not be served
i
I by the Company because, without the reduction in the
demand charges, the customer would sett-generate its
s electricity or obtain service from another energy service i
supplier or cease its operatiow
(3) Wholesale Power Competitive Pricing through proposed
Rate WPC, which provides for a negotiated reduction,
within limits, in the demand charges that would otherwise
be applicable to the customer's electrical load under TU
Electric's wholesale Power Rate WP, whvrd the customer's
electrical load otherwise would not be served by the
company because, without the reduction in the demand
E charges, the customer would self-generate its electricity
or obtain service from another energy service supplier
I and
Environmental Technology Service through proposed
t Rider 8T, which is a rider to IV Electriols existing
i General service Rates 080 GP, and }N that ,provides fora I
;r f
discounted demand charge to those that qualify under the
I terms of the proposed Riderf proposed R14ar ZT is {
designed to encourage the use of more energy-efficient
electrical technologies or processes that uignificantly
improve the quality of the environment through the use of
-2-
i
a
6M' f y
a l~
Date ~~'~l'`~~►
Within limitst in the demand charger that would otfSirJi+ire t
be applicable to the customer's electrical load under TU
zlectrio's General Service Rater GS, GP, or HVs where the E
customer's electrical load otherwise would riot be serves
f by the Company because, without the reduction in the
demand charges, the customer would self-generate its
electricity or obtain service from another energy service
i
supplier or cease its operational
i (9) Wholesale Power Competitive Pricing thrcugt proposed r
Rate WPCs which provides for a negotiated reductions
within limits, in the demand charges that would otherwise
be applicable to the customer's electrical load under TV
Electric's wholesale Power Rata NP, where the customer's
electrical load otherwise would not be served by the
company because, v;thout the reduction in the demand
° charges, the customer would self-generato its electricity
or obtain service from another energy service suppliers
and
(4) Environmental Technology Service through proposed
Rider ET, which is a rider to TU Electric's existing
General Service Rates GS, GP, and HY that provides fora
at' discounted demand charge to those that quality and^r the
terms of the proposed Ridert proposed Rider BT Le
designed to encourage the use of more energy-efficient
electrical technologies or processes that significantly
improve the quality of the environment through the use of
' -2-
I
i
i
J
All
/YI.I ay~~ I
i
AgWaNo q 14- 0 3
. Apendalt S 9
. Q~te io - N • ti
an electrical technology, such as the substitution of an5q f/
v
electric arc furnaoe for a coke-fired furnace in a metals I
fabrication facility or infrared heating for coating
processes to reduas volatile organic compound emissions. j
attached hereto and made a part hereof, are the testimony and
exhibits of Dr. William E. avera, Hr. Marc N. Goldsmith, and Xr. if
i r
Stephen J. Houle, which justify the provision of these new services
and the reasonabloness and propriety of the provisions of the
; i
proposed tariffs.
The Commission has jurisdiction over TU Electric and the
subject matter hereof by virtue of Sections 16(a), 17(b), 17(a),
370 and 43 of the PURR.
IIi. Of
in keeping with the provisions of Section 43(a) of the PURR,
TU Electric proposes that the proposed tariffs be effective on July
' i 11, 1994..
Iv.
The proposed tariffs are attached as Exhibits SJH-10 UR-90
SJH-3,' and SJH-4 to the direct testimony of Hr. Stephen J. Houle.
s " In addition to the explanation set forth in Section i hereof, the
j proposed tariffs are furtbsr explained in detail in Xr. Houlets
I
testimony.
This is not a "major change" as that term is defined in
I
section 43(b) of the PURA1 accordingly, under Procedural Mule
tr
.r
-3-
14 r
i Date 22447(b), there is no requirement to file a rate fil mg 4c q T"~~
but all of the information required by Section 47(a) of the PM
and Procedural Rule 22.243(a) is set forth in this Petition and
statement of Intent and the attaclAents hereto. The proposed
tariffs will not increase TU Electric's rates but provide for
reductions to the existing rates.
vi.
The only customers that will be affected by the proposed
Economic Development Service Rider ED, the proposed General Berviee
Competitive Pricing Rate CC, and the proposed Environmental
Technology Service Rider ET are those customers that are eligible
for service under TU Electric's existing General Service Rates GS,
GP, and KV and that quality for the service under the terms of the
proposed tariffs. The demand charges under those proposed tariffs
are less than the demand charges under Rates•G8, GP, and KV,
respectively. The only customers that will be affected by the
proposed Wholesale Power competitive Pricing Rate WPC are those
customers that are eligible for service under TO Electric's
existing Wholesale Power Rate WP and that quality for the service
under the terms of the proposed tariff. The da«,and charges under
this proposed tariff are less than the demand charges under Rate
` WP. The territories affected b this by proceeding are all of the
territories in which TV Electric is certificated tp provide r
r electric service over which this Commission exercises original
jurisdietionl however, TU Electric is seeking authority from all of
its municipal regulatory authorities to implement these four f
•
..4.
rw
ABaratlaNa
Date J1) - L1,9
prppo*ad tariffs, so that same will be applicable throughout all of
th$ territories to which it is certificated to provide electric
seivioe.
vrr.
` A copy of this Petition and Statement of Intent, together with
all attachments hereto, is being delivered to the appropriate
officsr of each affected municipality, being those municipalities
that have surrendered original jurisdiction over TU Electric's
rates operations, and services to this Commission and to those
municipalities to whom TU Electric provides electric service at
I
wholesale, in addition, contemporaneously with the filing of this
Petition and Statement of Intent, T-J Electric is filing a Petition
and Statement of intent materially identical to this Petition and
Statement of intent with each of those municipalities that exercise
original jurisdiction over TU Electric's rates, operations# and
services within their municipal limits, soaking approval of Rider
ED$ Rate CC, Rate WPC, and Rider ET, and containing a complete Copy,
of this Petition and Statement of Intent and all attachments
hereto, Moreover, notice of this Petition and Statement of Intent
is being published for four L.n%soutivs weeks in newspapers having
general circulation in the counties in which TV Electric provides `
electric service,
vrll.
z The business and mailing address of TU Electric iso
Texas Utilities Electric Company
2001 Bryan Street ;
Dallas, Texas 75201
{
r
~ ~endaNo °t ~'GS3
j Date -10 - L-1:9
~N11
TU Electric's business telephone number, including area code,
Ise
(214) 819-4600
1 TU Electric's authorized representatives area
R. Do Keeney
Vice President
Texas Utilities Electric company
2001 Bryan Street, Suite 2100
Dallas, Texas 75201
(214) $12-2798
ir"I
J. Dan BOhannan
Worsham, rorsythe, Sampels i Wooldridge, L.L.P.
2001 Bryan Street, Suits 3200
Dallas, Texan 79201
(214) 979-3000
General inquiries concerning this Petition and Statement of intent
should be directed to Mrs Keeney at the above-stated address and
i telephones All pleadings, motions, orders, and other documents
filed in, this proceeding should be served upon 1lr. Bohannon at_,the
above-stated address.
WHMPORZ, TU Electric prays this Honorable Commission to
z" approve the proposed tariffs and authorize It to provide tho'j
` requested new serviced further, TU Electric prays for such other
relief Oto vhich it may be justly entitled.
Respectfully submittid,
QF ~ ,
' Mcw:wC.
i
poeneat~o q 4.033
AQendalt ~ WORSNAN, FORSYTNL, SAXPEL8 i
NOOLDRIDONs L.L.P.
Date 0' •q 0. Dan Bohannan u
d1 State Ear No. 02563000
2001 Bryan street, Suits 3200
Dallas, Texas 75201
J Telephones (214) 979-3D00
3 Faxs 4xNewrat -0011
By rte/
annan
ATTO EXASVTILITISS
COMPANY
' CaATZne~►ss ea saRVieti '
It Is hereby certified that a co
~ and.Statetient ot'Intentr together with al of the foregoing Petition
all attachments hereto, vas
delivered to the Office of the General Counsel, Public utility
Comlis'lon,of Texas, 7100 Shoal Creek Blvd,, Suits 40ON, Austin,
Tucai 78767, and to the Office of Public Utility Counsel l 7,800
c#{3', Shoal Croak Blvd,, Suits 2908, Justin, Texas 78757, both
on this
` 6th day of Junes
ef; x.199{. .
. R.
r i
-7-
r
owl
Es\41PDOCi\CAD1pAtE.itl
AQerdaNo_,.
AQendaller
_
q.
Cite G~ J
ORDINANCE NO.
AN ORDINANCE APPROVING NEW RATE SCHEDULES FOR PEXAS UTILITIES
ELECTRIC COMPANY; PROVIDING AN EFFECTIVE DATE THEREFOR; PROVIDING
k CONDITIONS UNDER WHICH SUCH RATE SCHEDULES MAY BE CHANGED,
} MODIFIED, AMENDED OR WITHDRAWN; FINDING AND DETERMINING THAT THE
MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS
REQUIRED BY LAW; AND DECLARING AN EMERGENCY.
WHEREAS, on June 6, 1994, Texas Utilities Electric Company
filed with the City of Denton and simultaneously with the Public
Utilities Commission of Texas, its Petition and Statement of Intent
proposing four new rate schedules for application within Texas
Utilities Electric Company's Certified Service Area in the City of
Denton on July 11, 1994; and
I
WHEREAS, the City of Denton suspended the proposed effective
date of said proposed new rate schedules as permitted by Section
43(d) of the Public Utility Regulatory Act; and
WHEREAS, the City of Denton, after having considered the prca
posed new rate schedules and the data supporting same at a publtc
hearing, is of the opinion and Linde that the four new rake
schedules of the Texas Utilities Electric Company within Texas
Utilities Electric Company's Certified Service Area in the City of
f Denton should be approved upon approval by the Public Utilities
Commission; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSs
SECTION i. To the extent that the new rate schedules proposed
by Texas Utilities Electric Company are approved by the Public
Utility Commission of Texas pursuant to the Petition and Statement
of Intent filed by said Company with the Public Utility Commission
of Texas on June 6, 19940 those Public Utility Commission approved
rates are hereby approved for application within the Texas
Utilities Electric Company's Certified service Area in the City of
Denton to be so applicable until such time as said rate schedules
changed, modified, amended or withdrawn by the City of
may be Denton.
De
1
{ SECTION 11, That the aforesaid new rate schedules hoirein
approved shall be effective from and after the date the Public
Utility Commission of Texas orders said new rate schedules
effective for Texas Utilities Electric Company, provided that, in
order to effect uniform system-wide rates, new rates may be earlier
placed in effect in the Texas Utilities Electric Company's Certi-
fied Service Area of the City of Denton to the same extent thit new
rates are earlier placed in effect in all of the other areas served
vwo 3
A9*21t f
Gate 0 ' -94
i by Texas Utilities Electric Company but only pursuant to an order
of the Public Utility Commission of Texas fixing interim rates or
pursuant to a bond filed with the Public Utility Commission of
Texas and subject to refund to the same extent as authorized by
Section 43(e) of the Public Utility Regulatory Act.
SECTION IIi. That the filing of the new rate schedules shall
constitute notice to the consumers of electricity, within the
Certified Service Area of Texas Utilities Electric Company located
in the city of Denton, of the availability and application of such
rate schedules and service regulations.
SECTION IV. That nothing contained in this ordinance shall be
construed now or hereafter as limiting or modifying in any manner,
the right and power of the City of Denton under the law to regulate
the rates, operations, and services of Texas Utilities Electric
' Company. Nothing herein shall be deemed to waive the authority of
the city of Denton pursuant to Section 42 of the Public Utility
Regulatory Act, as presently worded or as it may hereinafter be
amended.
SECTION V. That it is hereby officially found and determined
that the meeting at which this ordinance is passed is open to the
public and as required by law and that the public notice of;the
timed place, and purpose of said meoting was given as required.
G SECTION Vi. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1994,
r'
scar
r i
r
BOB CASTLMERRY0 MAYOR
ATTESTt
i JENNIFER HALTERS, CITY SECRETARY
I BY$
APPROVED AS TO LEGAL FORM1
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
i
i
Page 2
1
~r h.:i.f '1K.;'f,'4 •''1ai~ t ~ s 1.,L~"J!.r '~i!.!:a• 1tK-'-yt !e^.. I. r-.~
Y:•1~l YY .j1~L 4'.~`k ~'Z7F'a.;y'•~~ i t~'~{2~Fr~~ tr ~j
Rf f vfi n. ^rxe+r..
CITTY.ME
C T
==C Gut
j
t ral~ t. v r ~ y°~~;` p F• jr''~ t i. I, •~''!r
4 .1
p. a
z ' * "i~~ yX ! r r ♦f
•r y v It ~'r '~i'!! . tYf 4vtt r ~ t _.!f ~y~i_•~' ,r.:h r c~Ar:!
..1171E r p.t: jn pit
~ ` ~1° ~ +,*i` y, ifrr i."L1~L'f r` r" ~y,. ,Ay N.*~sL
ol~ ' k rt ;`4+ h i K "r Irs } ' M 'C+ti.~y xY` 1(,.
ly yx Y ~.~tw + i♦
K ryr ~'Y y ~i ti' 1 IF4~f La A(j`~.i r♦
" f,+}!'1lii1 y r °Y~ r K.'.1
' i', lCr,^Y rn °!a
r F!4
1- 40,
10
' ,S'•,l !w'~+•y>rOt•ga.t ll~.. }h : + 16} ~~,~1~~'*~ n 'i' ~ ~ '
i+y„ t r u. .
n+a1f
' u nY.pK. t 1' r ,
nf!
r•~ f
1
.71
i
j ctT & .tt EW APON0.
Aoftl
TO: Mayor and Members of the City Council I
FROM: Lloyd V. Harrell, City Manager
DATE: September 26, 1994
SUBJECT: PARKLAND ACQUISITION
BF~Q NDATION Acceptance of an Ordi=xe for the dedication of four lots (1,6 acres)
on Churchhill Drive adjacent to Avondale Park to the City of Denton.
&i~MABY; James D. Lynch and wife Joyce Lynch, owners of the subject lots have contacted
the Parks and Recreation Department wishing to donate these lots to the City. Attachment A
Ir
shows the location of the lots (6, 7, 8, 9) in relation to Avondale Park. These lots are separated
from Avondale Park by Cooper Creek. Since the 1.6 acres of property is within the 100 year
Roodplain, pamanent structures cannot be built on the
Ixoperty. The lots are currently vacant
and clear of debris.
At the present time, there are outstanding taxes on the
r properties whnch total 57,030.73. The
oArrew individual totals are as follows: City of Denton (1989-93); $2,149.93, County of Denton
(1989-93); $839.83, Denton
Independent School District (1989-93); $4,040.97. Mr. do Mn,
Lynch are willing to dedicate the the C'
' PfO>' to nY and take a personal judgment for the D151)
and Denton County ad valorem taxes
t , presently due on the property, By
dedication, the City will a Ong this property
i P gee not to pursue recovery of the ad valorem taxes presently due on the
i PtoP~ty'
s f
As stated by both the Parks and Recreation Advisory Board and the Planning and Zoning
Commission, this tncpansion is Important and will provide an additional access point to Avondale 1
i
Park on the west side of the creek, Avondale Park is a heavily used
park and acco
mnodatea
3 pedestrian and bicycle access for Woodrow Wilson Elementary School and the surrounding E
J neighborhood. The expansion will allow for passive recreatiorgl activities Inchrding picnicking
let u walking, and a limited play area such as a sand play area (Attachment B).
i
D&QWROL► - Thus donation has been reviewod favorably by both the Parks and Recreation
Advisory Board, at their June V4 meeting and the Planning and Zoning Commission, at their July
f
i
a
rr,ro.
Anne M
gave staff direction to r~` to the City SG `
194 meeting. Both the Board and Commission .N•ay
Council that the City of Denton accept the donation of the property from 2 g
r* RO CAI FF&TFp: 'U citizens using Avondale Park
is nraDSRT7V'G ~
will bandit from this OT" O'
the addition of this property into the existing perk
rtierst >MPACT: At the present fame,
on the current budget. However, the estimated cost to
rystem will not have a frscel impact f
shown is just over 550,000. The great City budget does not allocate
devrkp the entire park as or fundin8 would coed to be
perty at this time, theref 0. I
Nods for the development of this pro
t
s ir,chAed In a future bond program.
w..
r Y SUBMITTED:
'
V. Harrell
L, r
r+M City Manages
1~> 1 r A' 7 y I i prop" by.
9'47 ~ t~ '.7
ate ~f 'l i~ / 's
y t ~l MiCjCey~ Coordinator
Paris PiW>torrg~
POU end Reaeat ;
A by'
ears for Municipal Servimmoonowc Devel4pm j
h~ ';r'•; a Executive
j
vebu :r.rWw nViiY4V'. M.. n. r,✓
rs
I
O~OQ oQ1p - `CHUqC}{lf
RATER OUNTs~
BASKETS C T sss'ihe i6) ` . y T
PLAYGA
¢
NNI OURT (so thsot 11
LOT
H
k lb.
AV'
ONPA
ZY
t R Pr
i lt",~ STATION A see
7nuc
. ,
r
w r t,. .„..,.uw,:,iiS:uraWraaS.~ri~Jom•.i'r.Y ' r.x:,.4Y~..a:.«._... ......__..X,...
w44!Jo,tai:iw+JtYlw~'N:cxtiLtNt+ad~.u+~
i
I i
r
..Fn.•:nY an.w,.~w.
1 I • ; 1.. •T i~. Rrrl`1'Sil.~I '~'1
M1 1, ~!w I.1JJ~
I lwdlkrYlN ~r r J ,t, , ~ i
1 " , „tl i '`'M.?»• 'yam
Its
1
FMIYd1Y 1 r. ~w.' y6. '
Y 1 ~ Y 1 l
If rlxr, M1 t ~1• •1
y on
1
~ 'dS1
It
of 0160' p mw ON "ft
14
woaoN.E per'. kXPANWrr
' pair r. w • w • N
f ~ ~ ~ ~ ` aawra I
~d~dJ
, - _'-alt!wlilrt~1Y11t'.~41k{i°~.~'W/..~i4SX4if$#+Ci•Gr~ra:e..a.~«...,. .n_~an,xy,'yA"~.~ w
r
1
r7
. I
PARKS AND RECREATION ADVISORY BOARD MEETING
diasucndve seldom - $.-IS Ain
Argsdar Session - 5:45A m
Y. omilsylrne 21,1994 1
CraterConfertneeRQjM ApOAdeNtT
Apeaddlt
M=jEj Date S -g
a. "g g
Jh~
at Tom Ju Adadfilowuh,
r"
j'L r - A-W
s and Rec,atioa
Bob eat of Parks
Janet ent of Leisure Services j
Mickey Ohl .ng Coordinator
Pat IA*, Admirdstrative Secretary
GUESTS: Dick Engle, Director of Y.M.C.A.
Myra Crow,never, Board of Directors-Y.M.GA.
EXECUTIVE SESSION.
f Executive Session was called before the regular meeting to present sevexai Imd donation
proposals received in the Parks and Recreation Department office by citizens in the
following communities:
AVONDALE AREA s 2
Four lots of approximately 1.6 acres of land adjacent to Avondale Park has been offered iqq
lieu of $2,000 in back taxes. City taxes will be waived in the amount of $2,100. Clear titl2~`
will be obtained, and the Legal Department is working on the contracts which will be
forwarded to the owners. Ahhough the property is located on a 1DO year flood plain, it
could be developed with a'Tot Lot' playground. Playground equipment costs would be
approximately, 540,000, with nudmerance costs approximately $7,500 per year. Q
DevelopmeM of the property would hive to be included in a future good Program. Parks l
end Recreation Department staff wig be meeting with Planning and Zoning on July 13th,
with presentation to the City Council projeded for August. r 1
A 112 acre parcel of land located on the east side of the Avondale area has also been
offered for donation. TWs area wig provide Avondale Park with additional open space.
621pbmia scum
=tee
VoON, 695
w
PARD ADVISORY BOARD MTG/6-27.941Y.M.C.A.
Page 2
0 a6 11
COOPER CREEK AREA:
9 112 acres in the C Crossing area east of Evers Park has beeq.offmol •lor donation. ,
This land could ed into the tOke and Bike Trail MasterAsn. Tie owner has
offered to repair ver the pond, put in an 8 foot concr99 WA tired give the
Packs and Recres meat $1,000 toward maintenance. The property will serve as
a greenbeh linkage and could eventually extend from Cooper Creek to Sherman Dr.
SOUTR_DENTON :
Fred Gossett owns 3 112 acres of land south of Montecito across from McNair Elementary
heavily
t
School that is part of a residc,nial development. This acreage has a pond and irot
wooded which would make 'd difficult. to develop as a neighborhood park.
E qualify under the current voluntary WA dedication ordinance which requires a minimum
donation of i acres.
The Board directed the Parks and Recreation Department staff to go forward with the
pursuits of the Avondale area properties and the Cooper Crossing property, and continue
woddng with Fred Gossett to acquire more park hand in that area before committing to
any agreements.
STING CALLED TO ORDER
s
Perdu'' members on a brief tour of the Y.M.C.A.
Tom Judd session meeting to order at 6:10 p.m.
'All
k rno:ioned to ; May minutes as write and Nets Stallings
seconded the motion. An ayes, no carried.
1V. DISCUSSION I'T'EMS:
i;
1. Vision Update (Rkh Dlaps)
[:ENBFL•T~ Rich presented information on plans to work with the Corps I
of Erronws to develop land for public access and rweational use from Lake Ray
Roberts to Lake Lewisville. These uses include: `canoe launching and take out points,
pig faalitiies, camping sites, and equestrian and hilcr'ng uails consisting of
approximately 12 mites of separate hiking paths and equestrian trails linking amess points
and carrrphng areas. Three bridges will be built in association with the trail system so that
trails will meander through the nature corridor,
ostu.m E cax sMpACT GROUP., The next Hospitable City Impact Group 'J4
' m- and discussion of
mewing will be scheduled ibr We !alt the Vision Ctabinei whin be among the agenda
presentations of the Impact Group report to
627pbmin.urn
i
t
r'
h -.w
i
AQW8 No
Date C'
ORDINANCE NO.
AN ORDINANCE ncEPTING THE DEDICATION FROM JAMES D. LYNCH AND WIFE
JOYCE LYNCH OF LOTS 6,718, AND 9, BLACK G, OF AVONDALE ADDITION,
SECTION THREE, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS FOR
PUBLIC PARK
TAXST PURPOSES AND DECLARING AN EFFECTIVE p REGARDING DELINQUENT AO
VALOREM
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSs
U&1191-1a. That the City of Denton, Texas/ accepts the
dedication of Lots 6,7,8, and 91 Block G, of Avondale Addition,
Section Three, in the City of Denton, Denton County, Texas, as
offered by the warranty deed for public
f which executed
D. Lynch, and wife Joyce Lynch, a copy o
JECRION Ii. That the adoption of this ordinance shall not in
any wait the legal remedies of any taxing entity with
jurisdiction over the subject property to pursue the collection of
d quent taxes accruing during the ownership of this property by
Lynch and wife Joyce Lynch. The ownership of the property
or.dedication by Mr. and Hrs. Lynch shall end on the date
of this dedication which is effective on the date of
this ordinance, r That i+1• cosidaration of this dedication, the
C ton agrees not to PVerae the collection of delinquent ad
val as taxes owed to the City for the years 1989 through 1994.
AZCZLQ y. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1994.
BOB CASTL.EBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
i
BYs
APPROVED AS TO LEGAL FORMt
DEBRA A. ZRAYOVITCH, CITY ATTORNEY
r
BYs C al
6
ku,.aY
r
Ape*No -
~9I/ y
ttARPJMT DIED Date
Dates September 2.,--,- , 195
Grantort James D. Lynch, and wife, Joyce Lynch
Grantor's mailing addresst
(including county)
I~ P.G. Box 1943
Dentonr Denton County, Texas 76202
i
Granteas City of Denton, Texas
Grantee's mailing addresst
(including county)
215 B. ycRinney
Denton, Denton County, Texas 76201
1 Considerations
„•.Whe assumption by Grantee for payment of all ad valorem taxes
0': by the City of Denton, Texas on the real property
de a" below for the years 1989 through 1994.
Pro"tty (including any itstprovenents)I
G.ots 6, 7, 8, and 9, Block G, of Avondale Addition, Section
Tbres, an Addition to the City of Denton, Denton County, Texas,
according to the plat thereof recorded in Volume 71 Page 6, of the
Plat Records of Denton County, Taxes.
Reservations from and exceptions to conveyance and warranty3
This conveyance is made subject to all valid and subsisting
easexiants, restrictions, rights of way, conditions, excepptions, `
reservations and covenants of whatsoever nature of record, if any,
and also to the toning laws and other restrictions, regulations
ordinances and statutes of and municipal enforceable against governmental
~ntvi
authorities applicable to an
described real property.
Grantor, for the consideration and subject to the rosairvations
from and exceptions to conveyance and warranty and the acceptance
of this dead by of e Der resolution ir
on or before Octobere5,by 1994e1
City Counoi , Y
grants, sells, and convoys to Texas Grantee the property, together with
all and singular the rights and appurtenances thereto in any wise
belonging, to have and hold it to Grantee and Grantee's heirs,
executors, administrators, successci:, or assigns forever. Grantor
binds Grantor and Grantor's heirs, executors, administrators; and
WARRAM DiiD, PAGB 1
F F
l
s Ape*No i '
! A~datte ~oat ~ . y ~ q~
successors to warrant and forever defend all and singular 'the
property to Grantee and Grantee's heirs, executors, administrators,
successors, and assigns against every person whomsoever lawfully
claiming or to claim the same or any part thereof, except as to the
reservations from and exceptions to conveyance and warranty.
whan the context requires, singular nouns and pronouns include a
the plural.
J s D. Lync
By h s Attorney-in-facto
f
E
J y e c
e Ly c
i
STATE OF TEXAS g
S
CPUMTY OF DENTON S
This instrument was acknowledged before ms on the, a7'~ day of
September, 1994, by Joyce Lynch, individually and as Attorney-in-
Fact for James D. Lynch.
UTHA
RN STOVALI CAX 9:A IIAMIr11k Stdtaa notary c, state o Texas
p G~nio~ tywn 16Ud1 ; <
t
r' After recording return too Prepared bye
City Attorney's Office Minor i Jester
ti City of Denton Attorneys at Law
215 B. McKinney P. 0. Box 280
Denton, Texas 76201 Denton, TX 76202
•4;
1fARRAM?Y DnD, PAU T
E
t
1 ~
_ t
CITY
ENRCOUNCIId
j
•s
'v
A ` 1
a
tblr..'~~
i
n
r ~ §
t
1
~rIL
aHo qy a
O
A j994
q0; Mayor and Members of the City Council
QOM; Lloyd V. Harrell, City Manager
RECEIVE A REPORT AND CONSIDER APPROVAL. OF A RESOLUTION RE-
SUNECf.
ApOPTING THE DENTON DEVF,IAPMENT PLAN.
j
~119SL roya1.(5.0)
The Planning and Zoning Commission recommends app
Denton Development Plan (DDP) was Prepared by a thirty six member Land
The Committee over a two and a half year period ending with City
1988. A copy of the Denton
Use Planning
option by resolution in September,
Council
Development Plan is provided under separate cover.
• e Denton Development Plan provides for a three pronged update pros ions (1)
d land use and zoning decisons of the
The daily update procedure is triggered by
Planning and Zoning Commission and City Couna'1. All of the amendments to date
(included in attachment #E1) have been done following this Procedure. (2) 71W
provides for the planning and Zoning
y~y policy re-adoption procedure p and then
Comrnlssio to review the policies of the Denton Development Plan in July
anon to the City Council for amendment or readoption in
forward a recommend there is the major update procedure for reviewing and
October. (3) FWU' years. This major updr,te
u sting the Denton Developtttent plan every' five to ten of the Denton DevJopmtmt
Is usually done by a citizens' committee and each Policy
Plan is subject to detail review- h e Major review ed 'a thetcurtent Denton sDevelopm9P tnd }
concluded in 1988 with the adoption
ment Plan is timely and should be
The major review of the Denton Develop on atywide a
scheduled to start as soon as in ebo~uit Vision months Itps intended that the revised
strategic initiatives, hop"Y rate the vision for the 21st century and
Denton Development Plan in
will the implementation of that vision.
enhance the role of the dry
A resolution for the readoption of the Denton Development plan is included in
k
i attachment #2.
1
Ar`l■■p fly
1
I
~ ~~,ko 4 ~ a o
Apaadall
pate
ZOa ! ~
RA~C~ cnt
r The PlanIing and Zoning Commission considered updating the Dent ODevel p and
plan at its reg6ir sneering on July 27, 1994 and Augm
recommended re•aiopdon
is including planning and Development, Fire, Police, solid
c artsnen .
ede
All p
itY serf P
Waste, Envir+onmenta1 Health, parks and Recreation, and. Library.
None:
gespec y sub tt
Lloyd V, Harrell
City Manager
Prepared Harry Nby.
w MR''Pi, A1Cp
Senior Planner i
r
i' Approved:
Frank H. Robb'ass, Al
Executive Director for
plansdM and Development ~
1
Attacbs" im. List of amendments 1988 -1994
Attacbmmt #2: Resolution for re-adoption Zoning Commission j
Attachment 03, Minutes of the Planning and
2
r~ agen4aNo q
ATTACHMEI111 , q a pft~ I
Resolution #888.057 dated September 20, 1488: Adopted the Denton
Development plan:
2, Resolution #P Ss-0)2 dated December 13, 1988: Expanded the boundaries
of the Special Purpose Activity Center in the vicinity of the Denton Municipal
Airport:
Resolution #W-073 dated December 13, 1988: Approved a methodology
for updating intensity calculations for appendix A of the Denton Development
Plan:
4. Resolution #EZ8-074 dated December 13, 1988: Established boundaries for
low intensity area #41.
Resolution #889.001 dated January 10, 1989: Established boundaries of
5 ,
Moderate Actiiiry center #40 (Ldeview Boulevard and US 380.
~ Establi 6. P,esolution #9.014 dated Mt rch 71 I'l9je8r4and 1-35Ehed boundaries of
i Moderate Activity Center #7e ( Man 7. Resolution #889-015 dated March 7, 1989: Established boundaries of
Moderate Activity Center #76:
8. Resolution #R89-054 dated September 5, 1989: Adopted Appendix A with
intensity area calculations:
.
q, Resolution #889-055 dated September 5,1489: Amended the Bonus policy
Hula family and high density housing from the list of land uses l
to renwr -
considece't for bonus.
10. Resolution *R90047 dated September 41 1990: Amended the boundaries
to #24 resulting from the zoningof the Fairgrounds
area #23 and
of IntensitY l Retad zoning classification.
Gener Resolution #91-003 dated February 5,1991: Expanded the boundaries of the
Special purpose Activity center on the l 35W. (HSM and TPG)
12. Resolution #891-025 dated April 16,1991: Added specific area policies for
Sr. belts and linear parks.
13. Resolution #R91-043 dated July 16 1991: Amended boundaries of the
Major Activity center so as to accommodate zoning for the Outlet Mall:
3
V.
I
y ~ \rrpdxe\rsao\~P• re0 ;
ATTACHMENT 2 ~ges~d311
Ih
late
RESOLUTION NO. _
A RESOLUTION READOPTING THE DENTON DEVEIAPlSENT PLAN; AND PROVIDING
FOR AN EFFECTIVE DATE,
the City
rHMM9j he Denton 1986fopment Plan vas adapted by
and
Counoil Pt
the Denton Development Plan provides for an update
WHEREAS, cy which require its re-adoption by
procedure and Pali
Councili and
the Planning and Zoning Commission at its regular
ec
WHEREAS
meeting on August 10, 1994, considered the procedure and policy for
o '
the update of the Denton Development plan and ption forward of a rthe ommen Denton
tion to the City Council for the re-ado
Development Plani NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HERESY RESOLVES: of which
, That The Denton Development Plan, a copy
is attach hereto, is hereby readopted as toe c mprehe s viutund be usd in use and development plan for the City,
d decisions use in, the sent and planningr d s etherein st t d until such time it is~ rn eQeaisdfor
the purpose
hereafter amended.
r@M'i0N ii. ',`hat a major update of the Denton Development
initiatives,
Plan should commence when the Vision Project Cabinet finn&litss its
fanni ng
CitY-wide strategic ioipai Airport peveiop '
recommendation regarding
including but not limited to Mun
aF,.,,,TYIY. That this resolution shall become elective
upen its passage and approval.
{ immedi ately
1994.
PASSED AND APPROVED this the day of
yr
BOB CASTLESERRY~ OR
ATTESTt
JENNIFER W),LTERSr CITY SECRETARY y
SYS
1.
Ir
'AWMU
gendaNo. q~~ l y
endalt .
App OVED AB TO LEGAL TOMtATT*PNEY qtt j'
DEBRA 11. DgAYOVITCH, ! O
i
s
Y
i
Y
n r r c r t
1V 2
Jtk ti t Yk
Sa r, . ' r [I` F;5
41
pAGE 2
ham
r
~geoSeNo
piZ Minutes ATTACHMENT 3
July 27, 1994 u
Page 33
my departure from theren
diminished by my career subsequive has not in
Mr. Coopers one thing that might be considered is exploring
with the state about how highway signage could be improved
D uNT is a state universi-
without changing the name of Ave.
ty. other universities have highway signs directing them.
Some signage in both directions could probably achieve the
whole thing.
Mrs. Schertz: Can we postpone voting tonight and see what
other avenues we have?
Mrs. Russells We can vote to table in order to explore.
Mr. Drake: You could table, but as I understand Roberts
Rules, it must be brought up at the next meeting.
Mrs. Russells Do you have some input you would like to give
us?
Mr. Jackson: if you will allow me, I will withdraw the
petition on the behalf of the University of North Texas. I
will do the research and resubmit at a later date with more
information. I have a strong feeling about the information I
will get from the Highway Department.
Firs. Russells That seems to be the consensus of the commit-
tee. is it your position that you withdraw the petition at
this time?
r Mr. Jackson: Yes, I can do that.
Hold a discussion and give direction to staff with regard
to amending :.ne Denton Development Plan.
Staff report given by Mr. Robbins. j
There has been some discussion in some quarters about amending
the Denton Development Plan. The plan itself sets forth the
procedures for doing that. We review the Denton Development
Plan policy particularly when we look at coning cases. As Mr.
Cooper noted, he had a different interpretation of how a
particular policy in the plan may_ reports, been interpreted. We
continue to address, terminology in our plan. our
page 107 there are two policies
I would like to address.
I
aw E
wra ~ .
~ f
t
ae~
3
gendaNo
P62 Minutes e~Gdl1 m%+-~
July 27, 1994
Page 34 ate A) _
{
Yearly policy re-adoption. In this case, staff was working on
a proposed amendment to the plan, which would have added a
moderate activity area at the intersection of McKinney and
Woodrow.
F
When Mr. Persaud put together the staff report, 'moderate
i
activity areas are to be located at the intersection of
primary arterials. McKinney is a primary, but Woodrow isn't.
It violates the language of the plan, so staff is not
recommending a concept plan change because the policy language
was vital.
The policy language in the plan doesn't get amended very often
in comparison to the number of amendments that are made the j
map itself. Since this plan was adopted in 1988, I think 1
there have been 11 amendments, two of those had to do with
policy language charges. one added a specific area policy for p
greenways and one of them clarified the language. This 1.9 the
time of the year in which we review the policies. Also, in
the plan, amendments can be made essentially by anybody tit any
time. Tonight is to get direction for staff.
i
The final comment I would make has to do with the general
policy for major updates. This plan is to be updated %pproxi-
mately every 5-10 years, a general up date. There 1, :'great
deal of difference in minor amendments or yearly re-adoption
and the major policy update. It has been the staffs thought
that the major policy update might be most appropriately q
thought about at the end of the Vision Project. A lot of the
people you would think would want to be involved in updating
the DDP are involved in the vision program. It is hard to do
two of those major things at once. In addition, the Vision
Project may provide us some basis for areas in which the plan
night be looked at. I would be please to response to any
questions the commission may have.
Dr. Hueys The staff is not interested in suggesting consider-
ation of an &nendment which would more easily accommodate a
moderate activity area designation?
Mr. Robbins: When we looked at the plan and how it should be
amended, staff thought an amended plan might be appropriate at
McKinney and Woodrow. After having lead Harry's staff report
as late as last week, when he addressed the issue of it
failing to meet a policy statement. It doesn't match the
criteria for where moderate activity centers ought to be, so
we are not proposing that as an amendment.
Dr. Huey: Behind that, you are not prepared to sugilest that
t
i
i
r
•
r am,
rtes
s ww
F{
i i
i
Aget;daNo ~
rb2 Minutes Agendaffem
July 27, 1994 Date 9u
Page 35 gt~ ~4
i
Dr. Huey t Behind that
, you are not prepared to suggest that '
we examine the question of those criteria?
Mr. Robbins: I am not suggesting you examine the criteria or
that there is a problem with the policies. If there has been
a problem with the policy statement, now is the time to bring
it up.
~r
Mr. Coopers That is an example?
i
Mr. Robbins: Right, I was trying to make two points, the
difference in amending the maps and amending the language. I
was very reticent about amending a map that violated a policy
statement.
Mrs. Russells is that something we need to look into?
Mr. Robbinst I don't think the plan needs to be amended. I
as not recommending to you that we look at an amendment to the
map or policy in that area tonight.
Mr. Hortont That is what your words on the paper said, but
thatFs not what you led us to believe.
Mr.,Cochrans Bringing this up in July was just a formality?
Mr. Robbins: It is what the plan says we are supposed to do.
If you or anyone also were to have an idea about amending the
plan, this is it. Otherwise, at some point, the commission
should make a recommendation to the council to re-adopt the
plan.
Mr. Cooper: That being the case, I would like to make a
motion that we recommend to the council that the Denton
Development Plan be re-adopted for the next year. I do agree
with Franks suggestion that I think a major update could be
accomplished after Vision 2000 m.%kes a final report. I think
that would be the appropriate time to review it for possible
revision.
Mr. Cochrane Perhaps you would went to hold that motion and
ask that it be put on the agenda for the next meeting.
Mrs. Schertitt Do I understand we are putting this off Lor a
year?
Mr. Robbins: No, let me give staff direction and put the plan
back for consideration on the next agenda. That would be the j
direction you can give staff.
t
r
1
e
low
+g~nd:Nu
4pdalten
PiZ Minutes ~l8 •
July 27, 1994
Page 16
i
cabinet aware? Do
Mrs. ~ f
suVisioning ggestions?
r: are a open we to a their the
they know we
Mr. b who are well aware of this t issue. binet who i am
1
Kra, Russell: It working with
we have until October, and if we
recommend changes, could we direct staff to bring this otoethe
attention of he Visions cabinet?
Mr. Robbinat You can do that, but as I understand the Vision
process, they are not in the position to make recommendations
to anyone at this point. The impact groups have split into
subcommittees. They are now formulating recommendations for
the impact group. The impact groups will )is reporting to the
cabinet in October or November. Resource allocations will abe
defined, there will be another community review process after
that, and then there will be a final report in 1995 or later..
I don't think there is any way the final report from Vision
will reach the Planning and Zoning commission or the City
Council by their second meeting this October.
Mrs. Schertzt I was thinking more 1995.
Mr. Cooper: That being the case I will withdraw my earlier
motion.
for the re-adoption ~ of a theCDentona for
out Develop-
next meeting put
sent Plan.
Mrs. Russells I think that is the consensus.
Mr. Robbins: It will appear on the next agenda.
XI. Director's Report.
Corridor Development Seminar.
Report given by Frank Robbins.
The last agenda item is a brochure about the corridor develop-
ment training that the Midwest section of the American
Planning Association is putting on. Dr. Huey and the chair
will be going with us. Dr. huey went year before last. I
think this might really be extraordinary. Particularly listen
to Robert Wunderlich and Dennis Wilson speak about corridor
development. Wunderlich is an engineer, he works on the
private side now, but has worked for cities. Dennis Wilson is
the Director of the Design the American Planning Associationen Both t of these folks e have
1
M'.4.s aq'
W
■
F
+4gWaNo q
Minutes Date. ~C a
Pit Commission
August 19, 1994
Page 47
s,
X. Consider a recommendation to the City Council to readopt
the Denton Development Plan.
a i
Report given by Mr. Robbins.
The next item on your agenda is a recommendation to the City
Council to re-adopt the Denton Development. The Planning and
Zoning commission discussed this at your last meeting. This
recommendation follows the consensus of the commission at that ;
Dr. Husyi' I move approval.
Mr. Mortont I second.
Mrs, Russells All in favor? All opposed? The motion carries
r
Y
t ~7 `ro
T
1
~ fry; N'°. i Ay',, 1
i
r
t
Y
s
1
CITY
COUNCI
r ~
,A
1
p.i
! t
t 1
I, R
at
+'rOM ,Si
i
I
f i
rY
I
Ap"
Wo
,0;3
x, I f
` CITY of DENTON$ TEXAS MUNICIPAL BUILDING I DENTON, TEXAS 76201 / TELEPHONE (817) 5868300
011ke of the Cfry Sewelery
e M MORANDUM
I DATE: September 29, 1994
s TO: Mayor and Members of the City Council
FROMs Jennifer Walters, City Secretary
SUBJECT: Board/Commission Appointments w4
n~ 11 ~ 'P
The following is a list of the vacancies for the City's
H s, Boards/Commissions:
Linda Holloway has resigned from the Hunan Services Committee. F;
y?rY~c' This is a nomination for council Member Perry,
1
if you need any further information, please let me know.
1 4-1
e a ere
ty 8 etary
1 ACCOOOP4 j
4
Y 1
x n~ :F A
} Imo.
1 4 t
ry{ < , I
`xl . g nF, 3 ,t r v _ ` .Y
' I
r,
X
, ....t .........-.,,,...~.vdtia4•.4 Y: S+; e.w,. . w~9fN+.%tN11S~:F7,'~
F
r,
14 1
qu,03
Q ~4Q9AdtiNO _
mun ve a ;
-4110
oN,ro8f7 sx'ear 720
Offy of DONTOK TAX" IA
ndum F t~1
T
Memora
L 4
1
~(r 1
To: Jennifer Walters, City Secretary
r, 44
` From: Eric R. Wile, Human Services Coordinator
DW: September 49 1994
ttoe member Resignation
Subject: human Services Commi
letter from Human Services! C=mWee Member. Will HOUowaY•
Atteched is the resignation that the Community Development stiff i am also including ft names of throe persons
submitted as possible teplbcen ants: Ken Royal, Blanca Ramon, and Calvin Evans
y ~ V
1 383.7234. +
Y, me
( ou have any questions or Nnber W"113, You saay at
9mm y t~ n
[f f('
f ( f 3 t,
r.. ~ EtiC R. Billies •c
H •r t •
"Dedicated to Ouatlty Service"
i
L.
i4. l l 1 - 11. •Y". 4,1
-.w
~ ~ r4pert0aNa _
AgeW
i to
1 D
Uftiversity of WhRxas
Center for Rehobili(atlon Studies
September 2, 1994
T 1 r Barbara Ross
Development Administrator
community
City of bsnton
y ;
IDSiti Wtrt Hickory Street 4
DCWOn, Texas 76201
Dear Barbara:
letter is to worm you that 1 wiq no longer be able to serve on the Human Service a
This
Committee. 1 am eurreutly working full time and pursing my PhA and, aWortuaokiy,
me to give the attention that this committee deserves.
time constraints do not allow
Therefore, it is with regret that ! resign as a committee member.
1 have thoroughly e)&yed working with both you and Brk. You both provide tremendous
' r Support amt expertise to this committee. Having served on a number of committees to One
recent Year S, l can honestly say this was the most wen organized Sandy as well, If canbe or 1St hms
y of the most pleasurable. Please give my regrets bone calls,
in some way other than ten* onme cam es been a pleasure working with you both.
ete., please don't hesitate to give
~T S red, r
i
k
Ueda Holloway
I
} t II
v
i
P0.8oa 13438 • DWONTM 76203-34)8 1
81705-2488
,
` Handout to Counoil 10/4/94 JJ
1
Honorable Mayor do City Council Members Robert O. & Linda L. HeiUg
809 Ryan Road
City of Denton Denton, Tx 76205 !
!
(H) 381-9934
(W) 56SA783
a
Road. We
residents of the proposed annexation area just north of Ryan
[are of its rural
moved to Denton and County three yeah 99 0 My wife o and selected the Ryan Road area because
atmosphere which pre3ented the fife style we wished to bring our children up in As one of the
residents put it, we are happy to be good neighbors of Denton, but we wish to stay just that
neighbors.
Not one of the residents wishes for this annexxU on for a myriad of reasons ranging but
not limited to those following:
♦ Several homeowners operate business's from their homes which after annexation they will
only be able to continue at their Present level 4T.d not expand thus limiting their ability to
increase income and life style;
♦ Loss of water rights with no replacement services being provided by the wvwdng
municipality;
Original purchase of property for the purpose of developing a business for providing
♦ d income which can no longer be realitcd and for which
retirement or suPPlentent
extensive capital commitment and outlay has already been made;
♦ Several of these properties are currently fenced for the housing of horses and other
animals which can no longer be housed due to city ordinances requiring 200ft. setbacks of
these fenced area from neighboring residenw,
is which would require fencing which besides bang expensive
♦ Several houses have poo, the rural atmosphere that
would result in reduced real estate values as well as destroying currently exists; i
♦ We would lnau numerous restrictions and possible. discontinuation of being able to
maintain some of the pets currently owned;
♦ We would no longer bthat frequent e able to takes are ath n6 mated fo tha many children as
bobcats and cougars 3
well as adults in the area; i
♦ Continual intervention of the city in the way we develop our properties;
concerns i must first talk about our water situation. Upon
To address our most personal
v
r
}
!
f
4
annexation we stand to loose our access to water due to the invalidation of a water agreement due
to the availability of city water. This then would require myself and one other landlocked neighbor
in the same situation to bring public water to our homes, Not from the edge of our property to
our home but also an additional 12W from a neighboring development. This is at a cost of
$35,000.00 dollars plus the cost of obtaining an easement since the city feels that they do not feel
it is their responsibility to take over any of the roads in the area subject to annexation. The only
place the easement can be obtained C" to other easements restricting access is down Leisure
Lane which then also requires replumbing the house or taking the water feed totally around to the
back of the house. This would cost approximately $3500.00 for my residence. Plus city tap fees.
Since my current septic system runs across the front of my property and T couldn't clear it by
appropriate distances with the water line so I also need to hook up to septic at in additional cost
to the two families of $18,000.00 plus tip fees and another $1,000.00 dollars to et it to m
get y
bouie. M brings my total share to approximately $32,625.00 plua costs of acquiring an j
easement.
Section 43.056 of title 2 of the Texas code regarding the Organization of Municipal
Government requires that the municipality seeking the annexation must prepare a service plan for
the annexed area which is to be discussed at the public hearing with the affected landowners. Sec.
43.056(b) states that "the service plan must include a program under which the municipality will
provide full municipal services in the annexed area within 4 1/2 years of the date of annexation.
The plan I have been shown does not do this. Sec. 43.056(c) defines 'full municipal services" u
"services funded in whole or in part by municipal taxation and provided by the annexing
nnunfcipCq within it's fbfl purpose boundaries. This plan does not The same section goes on to
state "If the municipality owns a water and vi2stewater utility, the municipality shall, subject to
this section, extend water and wastewater service to any annexed area not within the service area
of another water or wastewater utility." This plan does not. Section 43.056(e) states that a service
plan may rot; 'require a landowner in the uea to fund the capital improvements necessary to
provide municipal services in a manner inconsistent with Chapter 395 unless otherwise agreed to
by the landownerl;'. This plan does. This same section continues with in sec 43.OS6(ex3) which
states the plan may not "provide fewer services or lower levels of services in the area than were in i
existence In the area immediately preceding the date of the annexation or that are otherwise
available in other parts of the municipality with land uses and population densities similar to those
reasonably contemplated or projected in the area This plan does. The only difference between the
properties in the Monosito subdivision and ours are that they have the service and we do not
i
Our residences may not be as Inc or opulentOctober 4, 1994 as the Monosito properties but
avely this cin not be th- season for our being denied equal services.
If we must be snnexed we see no reason why we should not receive the same services as
those in the immediate area.
Due to time constraints I hope to provide you with some additional thoughts in the near
tirture for consideration.
October 4, 1994
Robert 0. Heilig
i
i
i
i
i
1
j
4[D
j
!I
r
f
EE
i
i
i