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HomeMy WebLinkAbout10-03-1995 • _ p • k f CITY COUNCIL AGENDA PACKET 10-3-43 J • . y ,'t. r~ SEAA i} K w • AGENDA CITY OF DENTON CITY COUNCIL i October 3, 1995 - Closed Meeting of the City c•' Denton City Council on Tuesday, October 3, 1995 at 5:45 p.m. in the Civil Defense Room of City Hall, 215 E. McKinney, Denton, Texas, at which the following items will be considered: NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO CLOSED MEETING AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS f LEGALLY PERMISSIBLE. 5:45 p.m. 1. Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1. Consider settlement offer in GTE v. Denton. et al. 2. Discuss settlement and defense of contemplated litigation concerning the denial to rezone 3.753 acres from SF-7 to 0 zoning on the south side of I35-E and Lindsey Street. B. Real Estate Under TEX. GOVT CODE Sec. 551.072 1. Discuss the acquisition of property for expansion of the City's landfill. C. Personnel/Board Appointments Under TEX. GOVT CODE I Sec. 551.074 IIE Regular Meeting of the City of Denton City Council on Tuesday, October 3, 1995 at 7:00 p.m. in the Council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: 7:00 p.m. 1. Pledge of Allegiance 2. Citizen Request A. Consider a request for an exception to the noise • ordinance for the Denton County Chapter of the American Cancer Society for a Relay for Life at Fouts Field, on Friday, October 6 through Saturday, October 7, 1995. I 3. Public Hearings A. Hold a public hearing and consider adoption of an • ordinance amending Section 34-6(a) (5) of the Code of • Ordinances. This sectlc.,, of the Code involves the criteria for granting variances to the Standards in Chapter 34, Subdivision and Land Development. (The Planning and Zoning commission recommends approval 4-0.) • Q • agenda No City of Denton City Council Agenda Amoualt0rro October 3, 1995 C~3fe 60~"-"""~ Page 2 it 4. Variances A. Consider a variance to Section 34-114 (17) of the Subdivision and Land Development Regulationr- (sidewalk requirements), for Lot 1, Block A of the proposed Rife Addition. The 2.363 acre tract is located on the east side of Mayhill Road, approximately 313 feet north of Biagg Road. (The Planning and Zoning Commission recommends approval 4-1.) B. Consider a variance to Section 34-124 (5) of the Subdivision and Land Development Regulations (perimeter street paving requirements) for Lot 1, Block A of the proposed Rife Addition. The 2.363 acre tract is located on the east side of Mayhill Road, approximately 313 feet north of Blagg Road. (The Planning and Zoning Commission recommends denial 4-1.) C. Consider a variance to Section 34-124 (5) of the Subdivision and Land Development Regulations (drainage channel requirements), for Lot 1, Block A of the proposed Rife Addition. The 2.363 acre tract is located on the ' east side of Mayhill Road, approximately 313 feet north of Blagg Road. (The Planning and Zoning Commission recommend approval 4-1.) D. Consider a variance to Section 34-124 (g)(1) of the Code of ordinances concerning easement requirements for drainage facilities for the final plat of the Muenks Addition. The subject property consists of 2.171 acres and is in the Single Family 7 Conditioned (SF-7[c)) and Two Family Conditioned (2F[c)) zoning districts. The property is located on the southwest corner of Hinkle Drive and Hagaard Lane. (The Planning and Zoning Commission recommends denial 5-2.) E. Consider a variance to Section 34-124 (f)(3) of the Subdivision and Land Development Regulations (drainage • channel requirements), for Lot 1, Block 1 of the proposed Cline Addition. The 20.0 acre tract is located on the north side of Milam Road, approximately 1771 feet east of Rector Road. (The Planning and Zoninn, Commission recommends approval 6-0.) 5. Consent Agenda • • • Each of these items s recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. • 0 • 0 • ' r Venda No City of Denton City Council Agenda Agendaltem October 3, 1995 eft 4^ Page 3 ----i+•~ Listed below are bids and purchase orders to be approved for payment under the Ordinance section of the agendr.. Detailed back- up information is attached to the ordinances (agenda items 6.A, 6.B). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. Upon the receipt of a "request to sieak" 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: 1. Bid 01800 - Crack sealing Program 2. Bid ,f1796 - Chambers Street Drainage 6. Consent Agenda Ordinances A. Consider adoption of an ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services. (5.A.1. - Bid 01800) S. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (S.A.2. - Bid 01796) 7. Ordinances A. Consider ad-)ption of an ordinance providing for the indefinite (.losing of Lattimore Street from the east side of North Ruddell Street east and north of the east/west portion of Lattimore Street (approximately 350 feet west of Pertain Street). (The Planning and Zoning Commission and the Traffic Safety Commission recommend approval.) 8. Resolutions A. Consider approval of a resolution authorizing the City Manager to execute Amendment No. 1 to the Public • Transportation Contract with the Texas Department of Transportation for funding public transportation. B. Consider approval of a resolution revising airport lease rates at the Denton Municipal Airport. (The Airport Advisory Board recommends approval.) • C. Consider approval of a resolution approving the sublease of Airport property by Fox-51 Limited to Excel Aviation, • tnc. (The Airport Advisory Board recommends approval.) D. Consider approval of a resolution approving the sublease of Airport property by Fox-51 to Children's Airlift Command. (The Airport Advisory Board recommends approval.) • 0 0 • n City of Denton City Council Agenda gendaNo October 3, 1995 Page 4 tell, 9. Consider a program for the update of the Denton Development Plan. (The Planning and Zoning Commission recommends approval 6-0.) 10. Receive a report and give staff direction regarding nomination(s) to the Board of Directors of the Denton Central Appraisal District. 11. Hold a public hearing and consider, deliberate and take action on the duties and evaluation of the Municipal Judge; consider, deliberate and take action on the resignation of the Municipal Judge. 12. Discuss recruitment, employment, and appointment of a new Municipal Judge. 13. Vision Update 14. Consider appointments to the City's Boards and Commissions. 15. Consider an appointment to the Lakes Safety Council. 16. Miscellaneous matters from the City Manager. A. Receive a report concerning the latest honorees added to the wall of Honor. 17. Official Action on Closed Meeting Items: A. Legal Matters B. ?eal Estate C. llarsonnel D. Loard Appointments 18. New Business This item provides a section for Council Members to suggest items for future agendas. 0 19. Possible Continuation of Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 B. Real Estate Under TEX. GOVT CODE Sec. 551.072 • C. Personnel/Board Appointments Under TEX. GOV'T CODE • a Sec. 551.074 1 ~'r y 4 , c .fit. • - o • City of Denton City Council Agenda lgonsaNo October 3, 1995 Page 5 4e da (Cm C E R T I F I C A T E I certify tnat 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 1995 at o'clock (a.m.) (P.M.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TOO) BY CALLING 1-800-RELAY-T% SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. A00002BF • I , J T i ~ awl 1 5^ ty F.h ~f.t I r ~n r~ r.!t yl~ftTrr7~a. S" • • l DENTON 0F oo°°oF °°°00 o k oo°~ ~ N °op ooo; ~ o0 0-5 ci x a 0 0 °U- o° po O ~O ~pp~, T o N , ti ADO °aonflooaoo°° CITY COUNCIL ~ • 1 0 • ngMdlNo - O Agend84taR, Nte~~3 f i CITY of DENTON, TEXAS MUNICIPAL BUfLD7.NG • DENTON, TEXAS 76201 • TELEPHONE(817) $66.8307 Office of the City Manager CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager DATE: September 29, 1995 SUBJECT: Request For An Exception To The Noise Ordinance For The Denton County Chapter Of The American Cancer Society For A Relay For Life At Fouts Field, On Friday, October 6 Through Saturday, October 7, Until 7 A.M. BACKGROUND: Ms. Shirley White, Associate Director of the Center for Continuing Education and Conference Management at the University of North Texas, and representing the Denton County Unit of the American Cancer Society, has requested that the City Council grant an exception to the noise ordinance until 7 a.m. on Saturday, October 7, 1995, for the purpose of holding a "Relay For Life" at Fouts Field, the University of North Texas (Attachment 1). The noise ordinance declares loudspeakers, amplifiers, and musical instruments a noise nuisance, particularly after the hour of 10:00 p.m. (See Attachment 2). However, the ordinance states that the city council may make exceptions when the public interest is served. This event is a fundraiser whereby participants walk or run the track for twelve (12) hours, beginning at 7:00 p.m. on Friday, October 6, and ending at 7:00 a.m. on Saturday, October 7. During • the event additional games, music, and entertainment will be in progress on the football field. Area organizations and university students from both UNT and TWU make up teams who receive donations based on their participation. Corpo-ate sponsors include the Denton Record-Chronicle, Texas Bank, %TTAS, and Texas Oncology. Ms. White notes in her letter that a similar event held in Granbury raised approximately $76,000. ' The noise exception is necessary since the stadium sound system will be used between the hours of 7:00 p.m. and 11:00 p.m. Also, a portable sound system will be used from 11:00 p.m. until 7:00 a.m. for announcements and for music. Additionally, two bands are scheduled to perform. "Dedicated to Quality Service" • pp Ms. White states that since the nearest reeidslnq' approximately two blocks north of Fouts Field, I-fil r~ r . 8111h and west, and UNT is to the East, the noise should not pose a significant disturbance to area residents. Staff concurs with her assessment. PROGRAMS. DEPARTMENTS. OR GROt!PS AFFECTED: Area residents. FISCAL IMPACT: None. Please advise if I can provide additional information. RESPECTFULLY SUBMITTED: V. Marre City Manager Prepared by: I osep Portuqa Assistant to the Cit Manager Attachments: 1. Letter from Shirley White 2. Noise Ordinance { i I • ` • I O i 4Gen0aNo,^,~ ~ 4gar,s;'tsm University of North Texas ('coin &rrllmtIII Wng Ed uniuI'n and !{~C}f SEP 11 1395 ' Conlcrcn,e ~lanac~•nunt f" "L_ C Crrv September 8, 1995 Denton City Council C/O Joseph Portugal City of Denton Xunicipal Building 215 E. McKinney Denton, TX 76201 Dear City Council Members: The Denton County Unit of the American Cancer society is planning a fundraiser called Relay for Life on Oct. 6 and 7, 1995 at UNT's Fouts Field. Participants walk or run on the trc.ck for 12 hours beginning at 7:00 p.m. on Friday, Oct. 6 and ending at 7:00 a.m. on Saturday, Oct. 7. During this time a full schedule of games, music and entertainment will be in progress on the football field. Teams are made up of 10-15 members representing departments and student organizations at both UNIT and TWU, local clubs, schools, churches, and businesses. The teams pay a fee to enter and each team member gets donations. Corporate sponsors of the event are Denton Racord- Chronicle, Texas Bank, VITAS, and Texas Oncology. There will be a luminary service honoring those we've lost to cancer as well as survivors. When this event was held recently in Granbury, $76,000 was raised. We hope Denton will do even better. We are requesting an exception to the city sound ordinance from 10:00 p.m. on Oct. 6 until 7:00 a.m. on Oct. 7. We plan to use the stadium sound system on Oct. 6 betweri the hours of 7:00 and 11:00 p.m.; from 11:00 p.m. until 7:00 a.r we will use a portable sound system on the football field fo* announcements rand for music. :here are two bands scheduled to p.:form. We don't .aelieve this sound will be a disturbance to area residents The closest residential area is approximately two blocks north of Fouts Field. • The interstate is to the south and west, and UNIT to the east. Please call if you have any questions that were not covered in the preceding information. Your consiceration of this rFgaest is apprcciatad. Sincerely, Shirley to Associate Director, CCECH Relay for T•ife Committee-Logistics Y.Q. bnc !,W • Moron. Te Ws 76210-0344 XI AS6S'656 ~ Mctnr Nl7/?6777 i1 • T6D R!)11(70}-?VNy V 1 Y • a • Chapter 20 NUISANCES* Art. I. In General, ff MI-2430 Art. 11. Abandoned Property, If 20.31-20-70 Div. 1. Generally, if 20.31-20-40 Div. 2. Motor Vehicles, If 2041-20.70 Art. Ul. Gram and Weeds, it M71-20-73 ARTICLE 1. IN GENERAL See. 241. Noise. (so It shall be unlawful for any person to make or cause any unreasonably loud, dis- turbing, unnecessary noise which causes or may cause material &streu, discomfort or injury to persons or ordinary sensibilities in the immediate vicinity thereof. (b) It shall be unlawful for any person to make or cause any noise of such character, intensity and continued duration as to substantially interfere with the comfortable enjoyment of private homes by persons of ordinary sensibilities. (6 The following ads, among others, are declared to be noise nuisances in violation of this Code, but such enumeration shall not be deemed to be exclusive- (1) The playing of any phonograph, television, radio or any musical instrument in such manner or with such volume, particularly between the hours of 10:00 p.m. and 7.00 a m , as 14 annoy or disturb the quiet, comfort or repose of persons of ordinary sen• sibilities in any dwelling, hotel or other type or residence; (2) The use of any stationary loudspeaker, amplifier or musical instrument in such manner or with such volume as to annoy or disturb persona of ordinary sensibilities in the immediate vicinity thereof, particularly between the hours of 10:00 p.m. and 7.00 a m , or the operation of such loudspeaker, amplifier or mt ical instrument at any time on Sunday; provided, however, that the city council lusty make exceptions upon application when the public interest will be served tharetry; • (31 The blovirsg of any steam whistle attached to any stationary boiler or the blowing of any other loud or far-reaching steam whistle within the city limits, except to give notice of the time to begin or atop work or u a warning of danger, (1) The erection, excavation, demolition, alteration or repair work on any building at any time : ther than between the hours of 7:00 a.m. and 630 p.m., Monday through • sCroa -eneea-Protected migratory bird roosts declared nuisance, f t1-67, inspection , and abate i_, c warrants, 119-86 at seq.; inoect and rodent control in mobile home and rec. • • rational vehicle parks, 1 32.91. SUPP No 1 1369 • O • • 120-1 DENTON CODE Saturday; provided, however, that the City council may issue special permits for such work at other hours in Case of urgent necessity and convenience; in the interest of public safety and (5) The creation of any loud and excessive noise 13 connectlon frith the leading or un- loading of any vehicle or the opening or destruction of bales, bores, 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 performancy, show, theatre, motion picture house, sale of merchandise or display which aura crowds or people to block or congregate upon the sidewalks or streets near or adjacent thereto. (Code 1966, !11 14.20, 1421) Crow reference -Animal noise, 16-26, Sec. MS. Odors. (al It shall be unlawful for any person to create or auw any unreasonably noxious, unpleasant or strong odor which causes material distress, discomfort or injury to persona of ordinary sensibilities in the immediate vicinity thereof. ib) It shall be unlawful for any person to create or cause any odor, stench or smell of such character, strength or continued duration as to substantially Interfere with the comfortable enjoyment of private homes by persons of ordinary sensibili ties. (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 deemed A be exclusive. 11) Offensive odors from cow lots, hog pets, fowl coops and other similar places where animals are kept or fed which disturb the comfort and repose of persons of ordinary sensibilities; 02) Offensive odors from privies and other similar places; (3) Offensive odors from the use or posaesaion of chemicals or fhen industrial procnuy or activities which disturb the comfort and repose of persora of ordinary sensibilities; (1) Offensive odore from smoke from the burning of trash, rubbish, rubber, ubemials or 1 other things or subetanoee; (5) Offensive odors Gom stagnant pools allowed to remain on any premises or from • rotting garbage, refuse, offal or dead animals on any prsmiws. (Code 1%6, Of 14.22, 14-23) Sec. 20-3. Garbage, trash and rubbleh oulmees-Generally. 1 (a) Storing or keeping gor5age, trash and rubbish. The storing or keeping of any and ail sucks, heaps or piles of old lumber, refuse, junk old are or ~ • • • garbage, trash, rubbish, scrap material, ruins, demolished or ms demolished eery Pia thereof, buildings, p. 1i0 ales of stones, bricks or broken rocks on any premise~ring any public ble streareet et Suyp No 1 1390 I • 0 • a P r DENTON 0000000000000 611, a co 0 0 ( 0 ~ d OO a~ ~ 0 OOO ,y r ~ ~ pp p00 o N e O~~O ~~~ODDOD~~O 1 • CITY COUNCIL r e - o • q~po -D DATI~eb~ CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. !carrell, City Manager SUBJECT: Hold a public hearing and consider an ordinance amending Section 34- 6(a)(5) of the Code of Ordinances of the City of Denton. This section of the code invorves the criteria for granting variances to plats. EMCOMMENDATION: The Planning and Zoning Commission recommends of the amendment (4-0). SUMMARY: See Planning and Zoning Commission Report. BACKGROUND: See Planning and Zoning Commission Report. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Not applicable. FISCAL IMPACT: None. Respectfully submitted: LIO Harrell J City Manager 1 11 • 0 • Planning & Zoning Commission ReftM. _-,__r To: City Council From: Planning & Zoning Commission Report Date: September 19, 1995 Subject: Amendment to subdivision variance criteria Background Over recent months, the Commission has had a number of variance requests to the requirements of the Subdivision and Land Development Regulations. One method of seeking relief to these requirements is the variance process. The subdivision regulations have two types of variances. One is an "exaction" variance (requiring City Council approval) and the other is due to some "unique feature" of the property (which requires only the approval of the Planning and Zoning Commission). The ; amendment under consideration involves the fifth criteria for these "unique feature" types of variances. Discussion The fifth criteria for "unique feature" type variances reads as follows: (5) The special or peculiar conditions upon which the request is based did not result from or were not created by the owner or any prior owner's r action or omission. Th13 is a common criteria which is used primarily to keep situations from developing where previous subdivisions of property without platting, or actions by the current or past owner, are used to seek variances from subdivision regulation requirements. Recently, the Planning and Zoning Commission has had several variance requests in which there was considerable discussion over whether this final criteria was met. To help resolve this problem, the Commission requested the Staff prepare a number of options for their review regarding amendment of this criteria. These options were: 1. Delete the standard. 2. Shall not grant to relieve self-created or personal hardship, as in the J variance criteria for the Zoning Board of Adjustment. • 3. Vesting Statute (HE 4) type approach, H the unique feature on which the variance is sought was created after the standard of the subdivision regulations, no variance would be granted. ~i 4. Remove "prior • vner" from current criteria. 5. Meet something less than all criteria. 6, By persons in transaction. • 7. Take into consideration, not absolute requirement. • • After some discussion, (see minutes from July 12, 1995) Dr. Huey moved (second by Mr. Norton), to recommend the City Council approve an amendment based on the approach of #3 listed above. • 0 • In this approach criteria five is changed to read; t, t (5) The special or r peculiar conditions upon which the request is based did not result from or were not created by the act or omission of the owner or any prior owner, subsequent to the date of creation of the requirement from which a variance Is sought. A simplistic example will help to illustrate this approach. A lot formerly used as a uuarry (now filled with water) makes an application for subdivision approval. Dirt from quarry was piled in a location which now has a street running adjacent to the piles. The quarry played out in 1975, and sidewalks were not a requirement of the subdivision regulations of 1975. An application is made for a variance to the sidewalk required along the street where the piles are k>cated because the piles of dirt (now overgrown with grass and shrubs) are a unique feature of the property. Under the current wording of the ordinance, the variance should not be granted because the unique feature from which the variance is sought was created by a prior owners action. Under the wording of this amendment, such a variance tout! be granted because the action creating the unique feature occurred before the requirement (sidewalks) became part of the ordinance. Under the current wording it is the staffs position that if the Planning and Zoning Commission had granted the variance requested in the example it would be overturned in Court. The wording of the amendment would provide a level of relief relative to the date of the requirement appearing in the subdivision regulations. Currently, an action done in 1895 by a long-dead previous owner must still be considered under the existing wording. Recommendation The Planning and Zoning Commission unanimously recommends approval of the Il amendment to Section 34-6(a)(5) as presented in the ordinance accompanying this report. Alternatives 1 1. Approve the amendment as recommended by the Planning and Zoning Commission. • 2. Deny the amendment. 3. Instruct the Planning and Zoning Commission consider another approach and make a recommendation to the City Council. Attachments 1. Current subdivision variance criteria. • • 0 I I 0 O "s • 0 • Prepared by: Waiter E. Reeves, Jr. Urban Planner Approved: Frank Rob ins, AICP Director Planning and Development i Attachment #1: Planning and Zoning Commission Report. Attachment #2: Ordinance. Attachment 03: Minutes of July 12, 1995, P Z meeting. I~ r • 0 ' 0 0 41 w. • a • r.r1uK..o rd _ .~..long ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 34-6 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO MODIFY THE CRITERIA TO BE APPLIED BY THE PLANNING i ZONING COMMISSION IN GRANTING RARDSHIP VARIANCES FROM DEVELOPMENT EXACTIONS; PROVIDING A SEVERABI:-17Y CLAUSE, AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Planning i Zoning Commission of the City of Denton, Texas has expressed concern that criterion (5) of subsec- tion (a) of Section 34.6 of the Code of Ordinances of the City of Denton, Texas is, if strictly construed, virtually impossible to satisfy, and, if tempered by reasoned judgment in its application, is subject to inconsistent appiicationj and WHEREAS, the Planning i Zoning Commission of the City of Denton, Texas at its July 12, 1995 meeting recommended a modifica- tion to this criterion which they believe would be more logically determinate than the criterion it would replace, as well as more in keeping with the purposes of serving substantial justice and the public interest as expressed in the main a~dy of subsection (a) of said Section; and WHEREAS, the Council of the City of Denton, Texas concurs with the conclusions of the Planning a Zoning Commission of the City of Denton, Texas in these respects; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION I. That subsection (a) (5) of section 34-6 of the Code of Ordinances of the City of Denton, Texas is hereby amended to read as follows; all provisions of section 34-6 not specifically changed herein shall remain intactr sea. 34-6. Variances and codifications. (a) General. (text unchanged] 1 (1) (text unchanged] • (2) (text unchanged) (3) [text unchanged] (4) (text unchanged] • (5) The special or peculiar conditions upon , • • which the request is based did not result from or were not created by the act or omission of the owner or any prior owner, subsequent to the date of creation of the • 0 , • _ Q -I t,j [AWN M requirement from which a variance is sought. (b) (text unchanged] (c) (text unchanged] (d) [text unchanged] SECTION II. That if. any section, subsection, paragraph, sen- tence, clause, phrase o:: word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the va- lidity of the remaining Fortions of this ordinance, and the City Council of the City of Denton, Te:t&s, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ! day of , 1995. BOB CASTLEBERRY$ MAYOR ATTESTi JENNIFER NALTERS, CITY SECRETARY BY: 0 APPROVED AS TO LEGAL FORMS HERBERT L. PROUTY, CITY ATTOR.NBY BY. PAGE 2 • 0 • 0 • ~Ma1r INS -..a P&7_ Minutes M July 12. 1995 00 Page ?8 Mr. Norton: Does the alley access Hinkle? 'vfr Muenks: No it does not. Dr. Huey: I move approval of the preliminary plat of Lots l through 5, Block A of the bluenks Addition. Mr. Norton: I'll second. Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (4-0) 1\. Discuss subdivision and land developmeta variance criteria and give staff direction. Mr. Reeves: At our last meeting there was discussion concerning criteria number five of the variance requirements in the Subdivision Regulations and the Commission instructed staff to propose some alternatives to better define criteria number five. One possible solution is that we use only four criteria and that criteria number five be deleted. This would be consistent with the approach that the Zoning Board of Adjustment takes regarding variance requests. Mr. Drake also has a possible solution. Mr. Drake: I have laid out my recommendation to the Commission in the form of a memorandum. My understanding of the direction that the Commission wanted to go was that they wanted to keep it in there. There is no legal requirement to have it in there. I presume that the Council thought that it was an important consideration and certainly there seems to be some level of justice in there and fairness for making pcople responsible for their own actions. The suggestion that I made with regard to this was to limit the time 1 period under which this variance would be applicable and to tie it to the actual requirement from which the variance is sought. To put it simply, if there is a requirement that you are • seeking a variance from it would be keyed to whether or not you or any prior owner did anything to necessitate the variance before the requirement was in place. If you did it before the requirement was in place then you probably shouldn't be held accountable for it, or if a prior owner did something before the requirement was in place then you probably shouldn't be held accountable for it. On the other hand once it is in place you have constructive notice of that and there is really not much excuse for doing something to the property, either by act or omission which would necessitate a variance beag granted. That • being more or less my understanding of where the Commission wanted to go with it, not • • the idea of doing anything radical to the variance criteria like taking it out, or deleting it, or changing it up radically, but merely tightening it up and putting it more in terms of what people think of in terms of justice. • 0 • o • t-, AP16Ik Al" an P&Z Minutes July 12, 1995 Page 29 Mr. Reeves presented overhead with options for "Created by Owner" Variance. 1. Delete standard. 2. Shall not grant to relieve self created or persona: hardship, as in Zoning Board of Adjustment criteria. 3. House Bill 4 type approach, if item variance sought is cleated afar standard of ordinance, no variance. 4. Remove "prior owner." 5. Meet something less than all criteria. 6. By persons in transaction. 7. Take into consideration, not absolute requirement. Mr. Reeves: There are some problems with some of these options. If we deleted this entirely it could present a loop hole for people to create their own hardships and then request a variance If you remove prior owner then you are absolving the prior owner. The two best approaches are number 2, which is like the Zoning Board of Adjustment handles it and dumber 3 which is the approach that Jerry presented. Staff feels that approach number 3 would be the most prudent way to handle this to provide a level of comfort. Ms. Russell: Is that staffs recommendation? Mr. Reeves: Yes. Mr. Drake: 1 think our best position is to have strong criteria. Or. Huey: I have a few questions. Let's look at the wording on Page 3. 1 think there have been some things done unwilling and unintentionally but subsequent to the regulations. I think we are still left with an absolute. Mr. Drake discussed the advantages of having absolutes in our criteria. • (Discussion among Commissioners.) i; Mr. Norton: The change to your wording Jerry does not help the Commissioners and it I leaves them where they are now. • Mr. Drake: You can choose an arbitrary number of years or a starting date. Looking through our Code of Ordinantces it looks like we track our source ordinances fairly well. • • That is pretty much what you have to do with the House Bill 4 issue. Based upon what I heard and understood at the last meeting it is what I understood that the Commission wanted to do. • 0 • • r APWA N& AWAa Mr P&Z Minutes O~Is July 12, 1995 Page 30 Mr. Robbins: In the case that we had last week concerning the cul-de-sac on the ChamberIain Addition, it was not created by that owner or the previous owner. All of that property was subdivided without platting by several people. I would suggest that it is a special exception. A variance is where you have special circumstances. Something like this needs to be there. Mr. Norton: 1 still believe that the Commission needs to decide what is right. The "have to" and the "shoulds" can be debated, , Ms. Russell: If it fit all of the rules then we wouldn't need a variance. Dr, Huey: We need to consider making this the rule and see how we live with it. Mr. Norton: 1 think Jerry's wording is preferable to the present wording. Ms. Flemming: I agree. Dr. Huey: What all is included in the ~ Ae of Ordinances? Sir. Drake: They include a wide range of things. They are not all of the ordinances that the City Council passes. Dr. Huey: 1 said at the last meeting that we should go to the Council to have this changed. Mr. Robbins: The Council cannot act on it without i recommenda.ion from you. Dr. Huey [ move that we recommend to the City Council the amendment of Section 34- 6A of the Code of Ordinances to modify criteria number 5 for the granting of variances and that the modification be set out as in the memorandum by Mr. Drake. • Mr. Norton: I'll second. Ms. Russell: Any discussion? All in favor please raise your right hand. All opposed same sign. Approved. (4-0) 1. r ..,der updating the Denton Development Plan beginning in August when three new • members will join the Commission. ' • • Mr. Robbins: There will be three new members on the Commission effective July 25th so staff is recommending that the Commission start its review of the Denton Development Plan in August, • 0 • G) • DENTON 1a0000Qpp000 cz) C:3 C:3 DOp~~ OF ppp 000 T O N , t oO~ °oaQaaoaoo°o CIff CO UNCIL • 0 • r ~,tdarvo CITY COUNCIL REPORT TO: Mayor and Members of th• 'ity Council FROM: Lloyd V. Harrell, Cir rnager DATE: October 3, 19' SUBJECT: Variance 3action 34-114 (17) or the Subdivision and Land Development Rqr ,ns (sidewalk requirements) ror Lot 1, Block A or the proposed Rife Addition. RECOMMENDATION: P&7. recommends approval. SU11C14ARY: The variance is to build a sidewalk along Mayhill Road along the warehouse development frontage. BACKGROUND: Preliminary and final plats were previously approved without variances. This variance is associated with a new plat to replace the previously approved one or the same area. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Potential users in the vicinity or Mayhill Road. FISCAL IMPACT: If approved, the City may construct additional sidewalk in the future. i f Respectfully Submitted: 0 Prepared by: 41,d arrell, City Manager ' J G. Owen Yos ASLA, Urban Planner _ a "i a r s • i Apail No. City Council Report APOU No Page 2 Approved by: ✓ Frank . Robbins AIC Director of Planning and Development I ATTACHMENTS: 1. P&Z Report. 2. P&Z Minutes of September 13, 1993. i A%%W926 1 i i • ~ o • REPORT ON DATE: September 13, 1995 TO: Mayor and Members of the City Council FROM: Planning and Zoning Commission l SUBJECT: Sidewalk Variance for Rite Addition Mr. Greg Edwards of Metroplex Engineering representing Mr. Henry Rife, owner of approximately 2.363 acres on the east side of Ma) "dll Road, 313 feet north of Blagg Road has applied for a variance of Section 34-114 (17) of the City's Subdivision Regulations concerning sidewalks. The cited section requires that developments along a perimeter street construct a sidewalk along one side of the stre,.~' In this case, Mayhill Road is the perimeter street. Mr. Rife has constructed a 23,200 square foot warehouse with offices on the property for Sally Beauty Supply. Mr. Rife proposes not to construct any pedestrian access. Greg Edwards has applied for the variance based on reasonable relationship between the development and the improvement. The Commission recommends the variance to the City Council because the request meets the following criteria, Where the commission finds the r the imposition of ap% development exaction pursuant to these regulations exceeds any reasonable be- . tt to the property owner or is so excessive as to constitute confiscation of the tract to be platted, it may recommend approval of variances to w• tive such exactions, so as to prevent such 1 excess, to the City Council. 1 The required sidewalk improvements will cost between $1,700 and $2,000 to construct. This • is a 23,000+ square foot warehouse and office building which cost hundreds of thousands of dollars to construct. This 23,000+ square foot warehouse/office building will employ a number of people. The location on Mayhill Road is near other businesses and retail developments as well as residential areas. Also, Mayhill Road is a proposed collector and already carries nearly 3,000 vehicles per • day. However, the Commission feels that this piece of sidewalk will not be used nor is it likely to connect to additional sidewalk in the foreseeable future. • • J 0 0 • • i. AP Mayor and Members of the City Council pw September 13, 1995 Page 2 Options: I. Approve variance if applicable coJitions are met. 2. Approve variance with conditions. I 3. Deny variance if applicable conditions are not met. AYK004lF 1 • s V ty MM~ y, }t •+.f~ ~r1 • w • r E. n MSTAOPLEX fiNGINESAIN ENGINEERING ■ LAND PLAN I ■ SURVEYIN 901 South Carroll Blvd., Suits 0 1 NO= (817) 383-1419 Fax: (817) 383.1417 Dallas Metro: (214) 219-7948 Ft. Worth Metro: (817) 329.3834 August 25, 1995 ;r City of Denton Development Review Committee h4~` AUG 28 19% Attn: Rick Sevhla U - 215 E. McKinney Street : ,r:: . Denton, Texas 76201 Re: Exaction Variance for sidewalk improvements to the Rife Addition Dear Rick, In accordance with Section 34-6 paragraph B of the Subdivision and Land Development Ordinance, we are requesting a variance to the sidewalk requirements as stated in Section 34-114 paragraph (17). The Rife Addition is located outside the City limits on hill Road. There is no sidewalk on either side of the proposed addition. The May proposed use will be office and warehouse. The demand for strictly pedestrian access to this location is considered very low. The cost of the sidewalk across the front of this property should exceed $2,000. Since there will be no foreseeable benefit to the property it is apparent that the cost of the improvement exceeds any reasonable benefit to the property owner. j We respectfully request your support of this request. Please %all if you have any questions or need any additional data Sincerely • /-rte` G -r->~~ Gr;VEdwrards P. E. t p No rrs.. 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P&Z Minutes Do September 13, 1995 Page 27 circumstances we would require a much larger transition at the end of the road than what has been proposed. As Mr. Edwards said we are not removing any trees the way that things are proposed right now. Had we known that this was going to be a twenty-three thousand square foot warehouse with semi truck traffic as opposed to a nine thousantl square foot warehouse we probably would have required the normal transitions off site that would have been required in that case. We might have even required more pavement thickness, but when he came in with the new plat and the twenty-three thousand square foot warehouse we said that we would live with what we had decided on during the fast plat. Staff doesn't feel that what is proposed is really totally appropriate, we think that actually the improvements ought to be a little bit more substantial but we are going to live with what we told them would be acceptable for a nine thousand square foot warehouse and smaller vehicles. Mr. Powell: I am not in favor of exactions, 1 don't like the concept. I have twenty years in concrete construction experience and I. know what semi trucks will do to concrete when they turn, let alone asphalt. I see a lot of things wrong with what is proposed. I don't think that a chitty foot driveway is adequate. If you are turning semitrailers in there on less than a forty foot driveway is crazy in my opinion. Semitrailers turning on asphalt in hot weather does atrocious things to it. 1 think that we are asking too much in this case. 1 think we should ask for a concrete street, but that isn't what is here. 1 move that we recommend denial of the variance. Mr. Moreno: I'll second. d Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same ~ sign. Variance denied. (5-1) Mr. Jones opposed. Mr. Salmon: I would like to say that the driveway width was what was applied for when we thought that the facility size was going to be considerably smaller. They can certainly apply for a larger driveway and larger radiuses char; what is shown on the plans. • Katie Flemming left at 9:00 p.m. Break at 9:12 p.m. Reconvene at 9:17 p.m. • c. Consider a variance to Section 34-114,17, sidewalk requirements along a perimeter • • street. Mr. Salmon: Mr. Rife has also applied for a variance from sidewalk requirements. The • 0 • I v • P&Z Minutes September 13, 1995 Page 28 cited section is Section 34-114 (17) and it requires that development install a sidewalk across the frontage of the property being platted. This is another exaction variance and you will be making a recommendation to the City Council. Staff is recommending denial of the variance request for the following reasons. The required sidewalk improvements would cost between seventeen hundred to two thousand dollars to construct and we do not feel that it is an unreasonable expense. This is a fairly sizable warehouse with some office space in it which does employ people. We feel that it is reasonable to assume that this area is going to continue to develop. There are some other businesses up at the corner of I Mayhill and McKinney. There are other homes along Mayhill Road. Also Mayhill Road does carry three thousand vehicles per day and it is not a very safe place to walk in the road. It is a relatively narrow road with no shoulders and the vegetation comes right up to the edge. We feel that a sidewalk on Mayhill Road is appropriate. Mr. Cochran: How much development is out there? Mr. Salmon: The particular end of Mayhill Road is not quite as populated as the southern end is near the mobile home parks. It is just north of Blagg Road and you do have some single family homes intermittently along the cast side and a few on the west side. There is a convenience store on the corner and 1 think there are some mini warehouses on two of the other corners. There is also a wood working business on the remaining comer. There is more development further on down. Mr. Jones: I understand that this is not much money. And where we say this the sidewalk is going to be inside the road. We are going to have two hundred and seventy-five feet of pedestrian passageway that goes into a yard. There is a house just to the south and a house just to the north. 1 can't imagine those people putting sidewalks in ever. Someplace along here common sense has to prevail and 1 don't know where that is. To require two hundred and seventy-five feet of sidewalk in front of the warehouse that is going to go absolutely nowhere. The CIP as far as development of that road, it is not even scheduled until after the turn of the century. Somewhere common sense has to prevail. • Mr. Cochran: It is a matter of public policy to encourage sidewalks and it is a matter of public safety. We get situations like this and they look stupid, and I agree with you it is going to be hanging out there. The real question is who is going to pay for this if we don't ask for this right now, then down the line it will be the taxpayers. We can't anticipate how fast development is going to come along here. We hope that it comes along quickly and • that it won't be twenty years down the road. It is our policy to encourage sidewalks , because we have all of these areas where three is foot traffic and there was no requirement • • for sidewalks in the past and we have people walking in the street. When you look at the larger picture do we want a community that provides for pedestrian traffic? Maybe nobody's life is going to be saved by this sidewalk but down the line maybe the taxpayers 0 • f r- r low P&Z Minutes September 13, 1995 Page 29 will have to spend a little less money to have sidewalks put in. Mr. Edwards: One of Mike's points rings a bell with the on some things that are frustrating to me. When I worked with the city I worked countless hours on promoting quality growth in Denton, Texas, that was my goal and I thought that was the community's goal, Since implementing those ordinances the City of Denton has annexed more property than any other entity in Denton County and they have seen the lowest percentage of growth. Mr. Jones has the reaction that a lot of developers have, and I don't know whether this is a valid variance or not, or if it is in the best interest of the city. I hope that you would be able to look at it from what the ordinances say and what we can do to promote quality growth in Denton. Mr. Powell: I have to agree with Mr. !ones and that this makes no sense at all. If I have a way to vote against it then I will. Mr. Moreno: Are there any school children in this neighborhood? Mr. Powell: I have seen them and they get on school buses right in front of their houses. Mr. Cochran: I can see Mr. Powell's argument, but looking at it over a longer scope of time I would disagree with you on the outcome of this particular one. The amount of dollars that we are talking about is not significant and the benefit right now to the community is not significant. But down the line this is something that we have established as a reasonable thing for the community. If there was a way that we could develop the criteria and change the ordinance that would allow for the circumstances that are irrational to be excluded from the ordinance and the circumstances that are reasonable to be included I would be interested in looking at something like that try to help devise something like that which would help eliminate this dilemma. I move that we deny this request for a variance for sidewalks. • Ms. Russell: Motion dies due to lack of a second. I wish that there was sonic way to obligate the developer to build a sidewalk at such time that it becomes a benefit. Mr. Powell: I move that we recommend that City Council grant the variance. Mr. lines: I'll second, s • • Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed aerie sign. Approved. (4-1) Mr. Cochran opposed. J d. Consider the preliminary plat. 0101 . DENTON 000 QoQ0 ~Opp000 p0~~ ~ N~pO o M n C o ° 0 0 °00 ~ DOo 000 O N , z 0000 aoaoooaoo CITY COUNCIL , 0 0 • _ O • AP* CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager DATE: October 3, 1995 SUBJECT: Variance to Section 34-114 (5) of the Subdivision and Land Development Regulations (perimeter street paving requirements) for Lot 1, Block A of the proposed Rife Addition. RECOMMENDATION: Planning and Zoning recommends denial. • Staff and the applicant are discussing a fee in lieu of construction option for Council's consideration. SUMMARY: Variant;: to paving May' 'i, Road in front of warehouse development. BACKGROUND: A final plat was approved earlier without a variance. A larger area was proposed for platting with this variance. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: 1 City CIP; Engineering; property owners along Maybill Road and mad tram. • FISCAL IMPACT: City improves Mayhill. Respectfully S matted: J Lloyd V. Harrell, City Mawger • • iti 'r f• ,,'~vS , , gs _ a • r r ' 1 AWh ha City Council Report Page 2 Prepares by: a. v G. Owen Yost AS rban r Approved by: F P Director of Planning and Development ATTACHMENTS: P&Z report. P&Z minutes of September 13, 1995. i r AXXOMC • ♦ 1 ` 'A • 0 • Apada an _ REPORT DATE: September 13, 1995 TO: Mayor and Members of the City Council FROM: Planning and Zoning Commission SUBJECT: Perimeter Street Paving Variance for Rife Addition Mr. Greg Edwards of Metroplex Engineering representing Mr. Henry Rife, owner of approximately 2.363 acres on the east side of Mayhill Road, 313 feet north of Blagg Road has ' applied for a variance of Sxtion 34-114 (5) of the City's Subdivision Regulations concerning perimeter street paving. The cited section requires that developments along unimproved perimeter street dedicate right-of-way and construct or reconstruct the street to City standards. It also states that if the street has already been partially improved that the developer may take advantage of this and only make those improvements necessary to bring the road up to the required standard. In this case, Mayhill Road is the perimeter road. It has recently been partially improved so in this case the developer, Mr. Rife, would be required to bring the east side of Mayhill Road up to City standards. The proposed paving section is attached. Mr. Rife has constructed a 23,200 square foot warehouse with offices on the property for Sally Beauty Supply. Mr. Rife proposes not to make any road improvements t,: Mayhill Road, but would dedicate the required right-of-way. Greg Edwards has applied for the variance based or. the relationship between the development { and the improvement. The commission recommends denial of the varianx to the City Council since the request does not meet the following criteria. • Where the commission finds that the imposition of any development exaction pursuant to these regulations exceeds any reawna~le benefit to the property owner or is so excessive as to constitute confiscation of the tract to be platted, it may recommend approval of variances to waive such exactions, so as to prevent such excess, to the City Council. • The Commission recommends denial of the variance request for the following reasons. The required road improvements will cost between $15,000 and $20,000 to cunstnu t. This is a • 23,000+ square foot warehouse and office building which cost hundreds of thousands of dollars to construct. The cost of the street improvements could hardly be considered a confiscation of the property. The warehouse/office building will generate an average daily traffic of over 100 • O a • • F. AWA Ma.......,~~ Aaads taws Oala~ Mayor and Members of the City Council September 13, 1995 Page 2 vehicles of which a large percentage will be semi trucks. There is enough room on the lot to expand the existing use. A warehouse on 2.363 acres at full development would produce an average of 125+ vehicles per day. Mayhill Road currently has a daily traffic count of just under 3,000 vehicles per day. So, thk building is expected to increase traffic on this section of Mayhill Road by about 4%. That s'gnifrcant when you consider we are only talking about one building. It is reasonable to rxpa, the developer of this large traffic generator to matte road improvements to offset the increase in trJYic as well as the change in traffic characteristics. A., so, because of the large number of semi trucks, it widening of the road in front of the building is warranted. Once the proposed drive entrance has been constructed, it would be impossible for a semi truck to pull into or out of the lot without blocking both lanes of traffic. With the required widening, a semi truck could make a right turn in or out of the lot and not block oncoming lanes of traffic. This is a major safety issue and also illustrates the reasonable connection between the development and the improvement. The last issue to be addressed is pavement thickness. Currently, Mayhdl Road has 4 inches of asphalt and will not sustain semi truck traffic for a long period of time, especially in an area that will experience constant turning maneuvers. The proposed improvement will add an additional 2 inches of pavement to the existing road. This illustrates again why there is a reasonable connection between the improvement and the development, and why the Commission recommends denial of the variance. Options: 1. Approve variance if applicable conditions are met. 2. Deny variance if applicable conditions are not met. 3. Approve variance with conditions, for instave a foe equal to the cost of the improvements being paid to the city prior to the city signing the plat. The fee would be used by the city to improve Mayhill. Staff and the applicant are discussing this option, which is acceptable to staff. I i kXXMrD , • • b J - In o i METROPLEX EN011YEER11Y ENGINEERING ■ LAND PLA 501 South Carroll Blvd., Suits D enton, exa 7S! (817) 383-1416 7 Dallas Metro: (214) 219.7948 Ft. Worth Metro: (617) 329.3834 22 September, 1995 City of Denton Attn: Rick Svelha 215 E. McKinney Street Z:,~995 Denton, Texas, 76201 G TV Re: Variance for Rife Addition CIVY c. Dear Rick, Thanks for meeting with me the other day to discuss the Variance requests on the Rife Addition. In their recommendation to the City Counsel, the Planning and Zoning Commission appeared to be most concerned with the turning movements of the truck traffic into the site. The perimeter street paving requirements address upgrading j half of Mayhill Road in front of the property, but do nothing to upgrade the pavement on the eastern half of Mayhill road. I have talked with Mr. Rife and he would offer as an alternative to the standard perimeter street paving requirements to provide a 2" thick overlay on all of Mayhill Rd. in front of his property. Since all trucks will be coming into the site from U. S. 380, the overlay ; would be protection for the existing pavement for both inbound and outbound traffic. As we discussed, Mr. Rife's major concern is for providing curb and gutter and an additional lane which can not be effectively utilized until Mayhill Rd. is widened and improved on both sides of his property. Given all the conditions this would be one of the most difficult areas of town for major development to occur. Because of this fact, I feel, the Planning and Zoning Commission referred to the proposed sidewalk as the "sidewalk to nowhere". Mr. Rife is concerned that within the economic life expectancy of the required paving improvements, that he will be investing in the curb and gutter and extra traffic lane to nowhere. With appropriate design of a drive approach, the proposed truck traffic should be able to get off the street without unnecessary interference to oncoming traffic. x ''4 • 0 p • A If the proposed alternate improvements will protect the existing pavement and provide a smoother and longer lasting roadway surface in front of the site, Mr. Rife sees a benefit to the property commensurate to the costs. Mr. Rife believes that the cost of the required curb and gutter and extra lane of traffic provide minimal benefit to the property, and that the benefits to the property are totally out of scale with the costs of the improvements. Please put a copy of this letter in the Council backup material, and please call if you have any ideas, or wish to discuss alternatives which you feel will better serve Mr. Rife and the City of Denton. Thanks again for meeting with me and your openness to compromise solutions which can better serve individuals as well as the City of Denton as a whole. sincerely Greg Edwards P. E. MEC 95\9C0'` L0 • J ` y?( t'r l y wv • • i . Apra w. oAp* a ftm CITY OF DENTON, TEXAS MUNICIPAL BOL DiNO • DENTON, TEXAS 76201 • TELEPHONE (817) 566.8307 Office of the City Manager i MEMORANDUM TO: Lloyd V. Harrell, City Manager PROM: Rick Svehla, Deputy City Manager DATE: September 28, 1995 SUBJECT: Request of Metroplex Engineering in Relation to the Rife Addition Council may be aware that Mr. Rife has asked for variances at the Planning & Zoning level for sidewalk, drainage, and road relief. It is my understanding that P & Z recommended a variance on the 1 sidewalk and drainage but did not on the street. In this instance, the staff felt that improvements to Mayhill were needed since increased truck traffic along Mayhill would require extra width for turning movements and a thicker cross section. Since that time, we received the attached letter where Mr. Edwards is suggesting, on behalf of Mr. Rife, that they overlay all of Mayhill with 2" of asphalt in front of Mr. Rife's. We would suggest denial of this option since it would only put 2" of asphalt on both lanes of Mayhill along Mr. Rife's frontage. This letter was generated as a response to a meeting Greg and I had. We talked -About exchanging the extra lane of 6" asphalt, lime subgrade and th curb and gutter for an asphalt overlay on Mayhill from Rife's to U.S. 380. In our discussion, I suggested that we calculate the cost of the extra lane for the full length of Mr. • Rife's lot plus the lime and subgrade preparation and the curb and gutter. Then if Mr. Rife was willing to give us that amount of money, staff and I thought we could propose that kind of swap to the Council. The reabon we think we could support this is because we would take that money, buy asphalt from Jagoe Public under our annual contract, and repave or overlay Mayhill from the Rife development all the way north to U.S. 380. This would give us 0 increased pavement thickness all the way to U.S. 380, and it would allow us to facilitate the truck traffic on a longer stretch of • • Mayhill Road. I also suggested to Greg that even though we would do this, we would also build an expansion of Mayhill to a wider section near the driveway to facilitate the truck movements. We still think this is a good idea. 'Dedicared io Quality Serv(u" • O ' a • r B I ~M~ 11 Lloyd V. Harrell September 28, 1995 Page 2 Since we received the letter, I have had a phone conversation with Mr. Edwards to tell him that his proposal wasn't what we had talked about and staff would recommend denial of that proposal. He said he would continue the discussion to see if Mr. Rife would agree to paying the city all of the cost for the entire extra lane subgrade work and curb and gutter. I mention this since there seems to be some indication that our scenario might finally be submitted by Mr. Rife. If that is the case, we will advise the Council at the meeting and that could be part of their discussion. We will keep you and the Council posted on any new information we might receive as soon as we get it. If you further questions, please call. R ck Svehla Deputy City Manager RS:bw t IiMM006E2 1 I • 10 13Z,.',4. • I- a r - METROPLEX ENGINEERING C IYd~aNT~- AMC. ENGINEERING ■ LAND PLANNtN Sot South Carroll Blvd., Suits D ■ rate 11 (817) 383.1416 Fax: (817) 383-1417 Dallas Matro: (214) 219-7848 Ft. Worth Metro: (817) 329-3834 September 29, 1995 City of Denton Attn: Rick Svehla 215 East McKnney St. Denton, Texas 76201 Re: Rife Addition Dear Rick, I have talked to Mr. Rife concerning your suggestion for him to pay the City of Denton for the cost of the required paving improvements. The City would take this mcney and use it to improve Mayhiil Road from the south line of the Rife Addition to U.S. 360. Mr. Rife feels that this is a very reasonable compromise to the variance request and that the aiternabve improvements by the City of Denton will be significantly more beneficial to the property than the required improvements, Based on my telephone conversation with you on Wednesday, the City Staff will recommend approval of this as an acceptable altemate to the required paving improvements and perform the work as soon as they can get it scheduled after receipt of Mr. Rife's payment. Mr. Rife is In the procass of obtaining estimates for the required improvements. We would hope that we will be able to submit and resolve a dollar value for the required improvements before the Council meeting. Rick, thanks again for your time and effort c.., this project. Please call if you have any questions. • Sincerely, Gr dwards, P.E. cc Henry Rife I a?( a r _ PHOTOCOPY l~ ~-111I BULGING t f 4 I aa.s• WW . PROPOSM CURS t CUT14R 40• I ~ .,ter,' ; ~ ~ , . : 4+00 "w0 PAINT NEW WHITE CENTERLINE INSTALL BUTTONS STRIPE FTW • .~wr 1.•rniti ..'n:~ • • ~f M'V lift I'1•• M.111 .zMa .1 Ill.. f2.0'~y S. 2.T C • L . hY r !q I C .,I n as . , • 0 - . • Tie !/3'-rli ~f p`,;i • • r , PHOTOCOPY i or PROPOSED f THICK TYPE D HIAAC THICK NEW CROWN TYPE A HMAC fLEYATION 44 COSTING PAVEMENT SECTION I pR SECTION 1 PROPOSED FU AS NEEDED CROSS-SECTION MAYHILL ROAD PROPOSED PAVEMENT SECTION -600 i r • • r ' Ilk i METROPLNX BNOINtlRIN kMa~ tYo. ENGINEERING ■ LAND PLAN ■ -TMMEYTN Sol South Carroll Blvd., Suite D e 1 (817) 383.1416 7 Dallas Metro: (214) 219.7946 Ft. Worth Metro: (817) 329- 4 August 25, 1995 City of Denton AUG 281995 Development Review Committee L , Attn: Rick Sevhla - - 215 E, McKinney Street Denton, Texas 76201 Re. Exaction Variance for perimeter street improvements to the Rife Addition Dear Rick, In accordance with Section 34-6 paragraph b of the Subdivision and Land Development Ordinance, we are requesting a variance to the perimeter street requirements as stated in Section 34-114 paragraph (5). The Rife Addition is located outside the City limits on Mayhill Road. Mayhill road has recently been improved and is functioning as a two fic rural road The existing road should be suitable to handle all necessary two way t the to the site. The loading docks are set back far enough on the property that necessary turning movements can be accomplished on site. Trucks should not have to block the through lane in order to back unto the site. Because of the size and location of the proposed roadway improvements we would anticipate higher than normal unit prices for the proposed improvement. With barricades and pavement markings we would not be surprised to see the cost of these roadway improvements exceed $20,000 for this small project. Since the existing road provides adequate service to the uses, it appears that the cost of the required improvement exceeds any reasonable benefit to the property owner We respectfully request your support of this request Please call if you have any questions or need any additional data Sincerely ~y V • Greg Edwards P. E. O 0 • 0 • E i Norfs: _ ' J'16* ~L~~-~' Iq 1woM~°i.~r""~ra"iu-ors •n~i~wb+O'w' r N'r' /sc. 3 I ~I 'ii7 I ~ T~ aoas_W'-rwaw°r~on. 'gyp _ ..Y~ • 1~~•F 4 A _ u+ O smaa~rw•Ur aPa"a I r&doppUlN IN"AAFATTON •w-. my ~ M M abi/~IY 1./.r I..Y.. IW WNI Aw 111r AY ~i ~ ' IMrM`M•1 w•r I O.M awMi rt tI.M~.• w 0 c E f N 0 iEYyi wl'.s w N gar OMa eNm K+r~Mt AT MX E . +Ata PLAT SITES .r NOT FOR RECORDING aim MOM r. ~.w. aAt ACt. •C7 - M! M M - tiy.y YRROMZ[ L1VC]MCIIS?i0 CO T 79 LOCATION Map M+~ ~ ~ww ar YY - l~aM1. / ~ 1~ P. - MV 1A/Ilp M •111 r+s au " RiFB ADDj''PION WT 1. X= A V - 4 i.T Y. .M Ile m CAH a LM AM 11 M ~.f - up Iw• 1 -ti•I 7aM IOMIW K"W SON". mIM.7 417 O.w aV +GY+ M7[ e..ra as r . ea a +v s • AW4 P&Z Minutes Otla,„. September 13, 1995 Page 21 North Lakes area, meanwhile the water level was about six inches below the top of my ten year concrete lined channel that 1 designed. I also did some imaginative things to retard the flow of the water and to make that transition from concrete to the natural channel. We know probably five or ten percent of what Mother Nature does. When we start changing things that are working right then we create problems. We don't see that there is a lot of p,tential growth in this area and when there is the channel improvements that we had put in would have exceeded their econornh; life and would have to be replaced anyway. Mr. Cochran: What is the length of that area that we are talking about? Mr. Edwards: I believe it is in the area of about a hundred and fifty feet. Mr. Powell: 1 move that we grant the variance as requested. Mr. Cochran: I'll second. Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (6-0) Mr. Robbins: Ibis is an exaction variance so you would be recommending it to the City Council. b. Consider a variance to Section 34-124 (5) paving requirements or a perimeter street. Mr. Salmon: The second variance is concerning perimeter street paving requirement. The applicable section of the ordinance is Section 34-124 (5) which requires the developer, if developing along an unimproved road, to construct a portion of the street to city standards along the frontage. It also states that if the street has been improved to some extent that it may be taken advantage of and possibly do less improvement in that case. In this case the perimeter street is Mayhill Road. The ordinance would require Mr. Rife to construct • twenty-four feet of pavement with a curb and gutter along his frontage. In this case there have been some improvements made out there by the city. The current road section is about twenty-two feet wide and four inches thick, constructed out of asphalt. What Mr. Rife would be requireu to do is to add to the pavement and he would basically be thickening the pavement to six inches and installing a curb and gutter on his side of the road, widening the road so that it would be twenty-two and a half inches wide from the • center of the existing road. Mr. Robbins: We are reviewing a subdivision that the Commission has previously approved the final plat for. What has happened is that the area of the preliminary plat that was approved and then the final plat of part of it has been expanded. This plat has to do Q O ..Ill AIMda t1M11~ P&L Minutes Oab~ September 13, 1995 Page 22 with all of the property that was preliminary platted. When you approved this before it met the requirements. Now the area that we are reviewing has gotten larger and there are variances being requested. Mr. Cochran: When was the previous plat approved? Mr. Salmon: July. Mr. Cochran: And at that time there was no request for variances? Mr. Salmon: No. Currently there is gravel along the front of the property and it is operating as a drive approach for two hundred feet. They will be required to install a normal driveway thirty to thirty-five feet wide somewhere near the center of the property. The City has just recently installed a two inch overlay on the road making the pavement a total of four inches thick. As you can see it is not a very wide road and it has no shoulders. f Ms. Russell: Is this a warehouse where Sally Beauty Supply loads their trucks to deliver to their other sites? Mr. Salmon: They have trucks that come and deliver things there and then trucks that come and take things out to their stores. This is an exaction variance and you would again be making a recommendation to the City Council. Staff is recommending denial of this variance for the following reasons: the required road improvements will cost between fifteen to twenty thousand dollars. What we are talking about is a twenty-three thousand square foot warehouse with a high volume of eighteen wheel truck traffic. The building cost hundreds of thousands of dollars to construct, so fifteen to twenty thousand dollars of inf,astructure type improvements is relatively minor compared to the cost of the development as whole. The warehouse and otfice building will generate on an average of one hundred vehicles per day of which a large percentage will be semi trucks. Plus there is enough room on the lot to expand the existing use. Just using some standard figures, 2.2 acres of warehouse use at full development would produce an average of a hundred and twenty-five plus vehicles per day. Mayhill Road currently has a traffic count of just under three thousand vehicles per day. So this one building alone will increase the traffic on Mayhill Road by four percent. A four percent increase oa a road may not seem very important but when you are talking about just one building and there is a lot of vacant land out there where there could be more buildings eventually, you can certainly see where traffic could add up very quickly as property develops in this area. It is reasonable to 0 0 expect the developer of this large traffic generator would be required to make road improvements to address his increase in traffic and especially the type of traffic that this is going !o generate. One of the first things that 1 would like to point out, considering the I • a • P&Z Minutes September 13, 1995 Page 23 kind of traffic that we have here, is the turning movements required to get in and out of this property. As stated earlier the developer will be required to install a normal drive approach and pull the gravel away from the edge of the road. With the current width of Mayhill Road it would be hard for an eighteen wheel truck to make a right turn into the development or a right turn out of the development without going into the oncoming traffic. Thi, is a busy road and as you know people drive very fast along this road even though the speed limit is only thirty-five miles an hour. It would be possible to make those right hand turn movements without going into the oncoming lane if you wanted to drive over the dirt, but using a standard thirty to thirty-five foot wide driveway these eighteen wheelers will have to swing out into the oncoming traffic to make the right hand turns if we leave the road the way that it is. If Mr. Rife completes the improvements as required these vehicles making right hand turns into the development can stay in the appropriate traffic lanes. 'That is one of the reasons that we feel that there is a very direct link between this development and traffic improvements. The second thing that I want to point out is that fol- inches of asphalt will not support eighteen wheel trucks. We are only requiring Mr. Rif. ;o make improvements in front of his development but that is where the most wear and tear will occur due to the turning of the eighteen wheel trucks. Four inches of pavement is the minimum thickness for pavement that most engineering manuals suggest for residential traffic. Actually six inches of pavement for this type of traffic is the mrvmal. Most of our arterial streets in town have eight inches of pavement. I certainly don't think that what we are requiring here is in excess of what this developtnert is going to need to function properly. Ms. Russell: Would the petitioner care to speak? Mr. Edwards: On this particular variance staff brings up some interesting points. Basically if you have the proposed improvements that are required then they are saying that the eishteen wheel trucks can get in without crossing lanes. The radiuses that we show on the driv,• approach for the plans were the minimum commercial drive radius that is required. The wtual width of the driveway is measured where the return radiuses come back in. Staff has allowed us to increase theses return radiuses to accommodate truck movements. They do it all the time on two lane roads where you have one lane in each direction and we argue that we want it a little bit wider and they tell us that a thirty foot radius is fine, the trucks get on and off and don't block traffic all the time. As far as the pavement thickness, the staff report is indicating that four percent of the traffic on the pavement that they just recently designed is going to do damage in a very short period but the ninety-six percent of the traffic that is already there is going to do fine fir a very long time, That is hard to believe. As far as the proposal that we have, in talking with Mr. • Rife, if he saw that within a relatively short period of time that there would be development along Mayhill Road to the point that the curb and gutter would oe connected on either side and extended and make this a functioning collector stmt. He see that it f • o • P&Z Minutes September 13 . 1995 Page 24 would be a reasonable benefit to him. At the present time, the way that he operates, the trucks can pull in and do all of their turning movements on the lot with minimal damage to the city pavement. As far as traffic capacities, if you had a roadway with one lane in each direction that would allow up to ten thousand vehicle trips per day. If you looked at the actual capacity of a two lane road and how many vehicles it would actually handle, we are a very small percentage. In other communities when we get into a situation like this they have programs of escrowing funds, or doing assessments to take care of these things. In Denton,ve have always had a history of building these improvements and letting them sit out there and deteriorate over a period of time before they ever get connected. I have been involved in several projects wherejust the asphalt sitting there, by the time that it was tied into and extended we had to replace that asphalt. I guess that our main concern is the percentage of the public improvement cost compared to the cost of the building is not that great of concern, but basically we are throwing money out on Mayhill Road and this will be a disjointed improvement and will the city ever see a benefit for what was spent. We don't feel that is necessary for operation of the facility as it is out there right now, without the future connection we don't see this as a benefit to the property. Based on what your ordinance says we would request that you approve the variance. Mr. Cochran: Now many actual truck trips do you anticipate each day? Mr. Edwards: That I don't know. It is my understanding that they are not transporting the actual beauty products. What they are handling from this warehouse is the actual cabinets and building supplies for building a new store. Mr. Rife did not feel that there would be a lot of vehicle trips per day. He was anticipating about twenty trucks during the week. Mr. Jones: 1 called Sally Beauty Supply and talked to the manager of that facility today. There are thirteen employees and they receive three trucks in the morning and four trucks in the afternoon. This is not a consumer warehouse, the consumers do not come there. y Ms, Russell: They are fully loaded when they arrive, and they are fully loaded when they leave? I Mr. Jones: They are fully loaded when they arrive and there are four that are fully loaded in the evening when they leave. I asked them about the numbers for vehicles that were in the backup and be said that there was no way that they would ever mat those numbers. • , • Mr. Salmon: Those are standard Institute of Traffic Engineers numbers based on the • &Iuare footage of a general warehouse, assuming that there would be some office in the building. • O , • Q • P&Z Minutes September 13, 1995 Page 25 Mr. Cochran: It is inevitable that Mayhill Road is going to be widened and enlarged in the next few years. Is there anything on the books right now as far as plans for that? Mr. Salmon: We have had some projects on the capital improvements program that I don't believe have ever been recommended. Mr. Cochran: What circumstances have changed since the final plat was done? Mr. Salmon: As far as 1 know nothing physical has changed. Mr. Edwards: Basically what has changed is that there is a building out there and it is occupied. When talking with the staff the first time it was my understanding that it would be a variance where we would have to meet the five criteria and not an exactior. variance. Since that time I went back And asked staff if we could apply for an exaction variance. Mr. Cochran: Was the escrow something that you talked to Mr. Rife about? Where did this come from? Mr. Edwards: We have had discussions with the city staff in going through the initial DRC comments. We asked if you could bond for the improvements. 1 think the city used to bond for public improvements. Then they wanted the bond for ten years and you can't get a performance bond for ten years. Basically you could escrow the money, there are certain legal aspects for that. There are time limits, if the city takes the money then the money has to be used for the designated improvements within a certain amount of time or they have to return the money to the developer. If you had projects on either side that would make this a logical extension then it would make more sense to have those improvements. If he could sign something that would assess him for that curb and gutter when it was needed out there I don't think that he would have any objections to that. 1 don't know whether that would be legally binding though. • Mr. Cochran: We all hate to see hanging pieces of public improvement out there but on the other hand we have people coming in here that want us to correct things that should have been dote twenty years ago when they built the development. The taxpayers are asked to pay for something twenty years later that was let go at the time. Mr. Edwards: As city engineer that was one of the big dilemmas that we fought with. • Basically you stick this public improvement out there in hopes that it will be tied into or , do you let them off without any improvement? That is a tough question. • • i Mr. Powell: I would assume that if you put the money up in escrow or you built the improvements then it would be about the same amount? • O , • p • AlMrat 141~~ . P&Z Minutes - September 13, 1995 Page 26 Mr. Edwards: Yes and that is one of the problems with the escrow. Basically if you put it in the road you get a little value. If you put it in escrow then it is tied up for a period of time and it is either used during the appropriate time or it gets returned. The problem with that is that the up front costs are the same and you get no value for the money that you put up. That is why if you could assess for the public improvements then it doesn't cost him until you are ready to do the imorovements. Ms. Russell: I see these as improvements being a benefit right away to the development. 1 also see safety as a real feature. If Mr. Rife does these improvements it will be his tenants who will be benefiting from this. Mr. Edwards: The visibility will not be improved because these two trees will not be removed so visibility will not be improved. The trucks will be using the driveway for their turn radius. The trucks will not use that additional lane for turning. If the curbs and gutters were going to be extended and Mayhill was going to be widened then we could see the benefit and be glad to make the improvements. As far as the thickness of the pavement the four percent that we have are trucks and the ninety-six percent is already there. If it fails in three years our four percent probably made it fail ten days less than three years. Mr. Jones: Going to your safety issue, where the street is built up are you going to have a lip there on both ends and down the middle? Mr. Salmon: There is a lip there. This is not drawn to scale horizontally and there will be a two inch lip over a distarce of two feet. Driving a vehicle it would be a relatively negligible effect. In fact if you drew this to scale it would be hard to tell that it was even there. One of the things that 1 would like to mention is that number one our ordinances are based on the fact that develepment is supposed to do improvements in relation to what they are going to add to the public system. If you are going to increase the drainage runoff then there ought to be some drainage improvements to make up for that. What we are • talking about here is the road and what we are talking about is a very significant change in the traffic over what is currently there. It is only a four percent increase, but a lot of that increase is heavy vehicles, the type of vehicles that currently do not use Mayhill Road very often until this warehouse opened up. Four inches of pavement will not support loaded eighteen wheel tractor trailers. If any engineer gets up here and tells you that it will then they are either lying or they just don't know, anything. Another thing that I • would like to mention is that when Mr. Rife first came into us it was indicated to us that • O this was going to be about a nine thousand square foot warehouse, he didn't really say who it was for or why. 1 think most or the staff assumed that this was going to be something that Mr. Rife was going to use for his own business and we required this particular pavement section based on that nitre thousand square foot warehouse. Under normal • O • • Ap* 1~ Y PdcZ Minutes ~ rr f September 13, 1995 Page 27 circumstances we would require a much larger transition at the end of the road than what has been proposed. As Mr. Edwards said we are not removing any trees the way that things are proposed right now. Had we known that this was going to be a twenty-three thousand square foot warehouse with semi truck traffic as opposed to a nine thousand square foot warehouse we probably would have required the normal transitions off site that would have been required in that case. We might have even required more pavement thickness, but when he came in with the new plat and the twenty-three thousand square foot warehouse we said that we would live with what we had decided on during the first plat. Staff doesn't feel that what is proposed is really totally appropriate, we think that actually the improvements ought to be a little bit more substantial but we W. going to live with E what we told them would be acceptable for a nine thousand square foot warehouse and smaller vehicles. Mr. Powell: I am not in favor of exactions, I don't like the concept. I have twenty years in concrete construction experience and I know what semi trucks will do to concrete when they turn, let alone asphalt. 1 see a lot of things wrong with what is proposed. I don't think that a thirty foot driveway is adequate. If you are turning semitrailers in there on less than a forty foot driveway is crazy in my opinion. Semitrailers turning on asphalt in hot weather does atrocious things to it. I think that we are asking too much in this case. 1 think we should ask for a concrete street, but that isn't what is here. I move that we recommend denial of the variance. Mr. Moreno: I'll second. Ms. Russell: Any discussion? All in favor please false your right hand. Opposed same sign. Variance denied. (5-1) Mr. Jones opposed. Mr. Salmon: 1 would like to say that the driveway width was what was applied for when we thought that the facility size was going to be considerably smaller. They can certainly apply for a larger driveway and larger radiuses than what is shown on the plans. • Katie Flemming left at 9:00 p.m. Break at 9:12 p.m. Reconvene at 9:17 p.m. • c. Consider a variance to Section 34-114,17, sidewalk requirements along a perimeter • • street. Mr. Salmon: Mr. Rife has also applied for a variance from sidewalk requirements. The O 0 • 0 • DENToN DUF 040J © o ~ o o 0 0 0 D ~ OD o~ co 00 OOV~ r o N ~ e ~QO °~aaaaa~~o°o CITY COUNCIL ~ . • • _ o • n Ago CITY COUNCIL REPORT Qat0 TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager DATE: October 3, 1995 SUBJECT: Variance to Section 34-124 (e)(5) of the Subdivision and Land Development Regulations (drainage channel requirements) for Lot 1, Block A of the proposed Rife Addition. RECOMMENDATION: P&Z recommended approval. SUIMKARY: The variance is to concrete lining of drainage channel. BACKGROUND: A preliminary plat was previously approved with the channel am not part of the final plat, thus no channel improvements would be required until that lot was final platted. The variance accompanies a new plat including the channel. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Other property owners in the watershed. i FISCAL IMPACT: j Maintenance/cleaning as needed. • Respectfully Submitted: cz b ~ Ll Harrell, City Manager Prepared G. Owen Yost ASLA, Urban Planner a O • f. r Otr City Council Report Page 2 Approved by: i Frank H. Robbins AICP h Director of Planning and Development ATTACHN NTS: 1. P&Z Report. 2. P&Z Minutes for September 13,19Q5. AXXOM7 ;ti ` • 0 • a • 4NtMa Na 04aam ram REPORT DATE; September 13, 1995 TO: Mayor and Members of the City Council FROM: Planning and Zoning Commissioa SUBJECT: Drainage Improvements Variance for Rife Addition Mr. Greg Edwards of Metroplex Engineering representing Mr. Henry Rife, owner of approximately 2.363 acres on the east side of Mayhill Road, 313 feet north of Blagg Road has applied for a variance of Section 34-124 (e) (5) of the City's Subdivision Regulations concerning channel requirements. The cited section requires that developments along unimproved channels that are not in the flowp',ain system be lined up to the elevation of a 100 year storm. Lining may consist of or be a combination of concrete. grasscrete, interlocking pavers, gabions or other hard surface, low maintenance materials. It should also be noted that if a development provides for the reservation of permeable areas on the final plat, only a 10 foot wide pilot channel lining is required. In this case there is an unimproved drainage channel crossing the northeast corner of Mr. Rife's property. Greg Edwards is proposing that no channel improvements be made but that a public easement be granted wide enough to convey a 100 year storm. Greg Edwards has applied for the variance based on lack of a reasonable relationship between the development and the improvement. The commission recommends the variance to the City Council because the request meets the following criteria. Where the commission finds that the imposition of any development exaction 1 pursuant to these regulations exceeds any reasonable benefit to the property owner or is so excessive as to constitute confiscation of the tract to be platted, it may recommend approval of variances to waive such exactions, so as to prevent such excess, to the City Council, The required drainage improvements will cost between $15,000 and $20,000 to construct. This is a 23,000+ square foot warehouse and office building which cost hundreds of thousands of dollars to construct. The cost of the drainage improvements is considered by the Commission • to be unnecessary, as natural drainage will carry the 100 year storm without improvement and that the cost of the improvements was excessive. • • This development is expected to cause the 100 year runoff from this property to increase from about 7 cubic feet per second to 19 cubic feet per second which is a 171 % increase in runoff. • O z • a • 1. Mwt Its. AP* am Mayor and Members of the City Council September 13, 1995 Page 2 The subject drainage channel is expected to carry about 475 cubic feet per second during a 100 year storm when the area is fully developed. Currently, the channel carries less than half that amount, about 200 cubic feet per second. That mesas this development will increase the amount of water in this channel by about 6 % over its current flow. options: 1. Approve variance if applicable conditions are met. 2. Approve variance with conditions. 3. Deny variance if applicable conditions are not met. i • AXX00929 1 r ~ rr 17 ! r.- l. • O • n METROPLEX ENOINEER11 M"N" ~N ENGINEERING 0 LAND PLA I G Sol South Carroll Blvd., Suite D 1 (817) 383.1418 Fax: (817) 383.1417 Dallas Metro (214) 219-7948 Ft. Worth Metro: (817) 329.3834 \La~~C August 25, 1995 -r; City of Denton t+ ALIG 28 1995 Development Review Committee , Attn: Rick Sevhla t 215 E. McKinney Street Denton, Texas 76201 Re Exaction Variance for drainage improvements to the Rife Addition Dear Rick, In accordance with Section 34.6 paragraph b of the Subdivision and Land Development Ordinance, we are requesting a variance to the channel lining requirements as stated in Section 34-124 paragraph a (5), b. Our preliminary drainage computations indicate that the existing natural channel has capacity to convey both the existing and ultimate c eveloprnent flows. The peak velocities shown in the calculations indicate that the ,:xisting grass lining of the channel should be sufficient to prevent erosion of the channel banks. Lining of this short length of channel would increase the velocity within the channel and could dictate the need to obtain off-site easements, anj design transitions to limit damage to the downstream channel. The cost cf the improvements could easily exceed $20,000, and wouid necessitate the removal of two of three existing protected trees. The existing property has sufficient room to allow the wider spread of flow in thq existing natural channel, without impact to proposed or anticipated constructior on the property. The channel lining provides no apparent benefit to this property at this time. We feel that the costs not only in terms of dollars but also in terms of destruction of the natural • beauty along the existing channel, far outweigh any benefit to this particular p. aperty. We respectfully request your support of this request. Please call if you have any questions or need any additional data. Sincerely / Greg "Edwards P, E • ~cwas:,u~o 2 J„ • a • • sue/ Nores: ' war0 MAS O r as 1 ! nw.~r owp yF IOF1O! A . A 1 r,F~y,OtlR~ ~ ~ r . t ■ rav. s eornwv r f F 'r j P. 1 wfi . InY ~F RA YY/r. rcaoorcnrv rwroAuution I~ I rpr ra rrr.n r w tart 0. a u+...rwr r.. r e.n.. tr+ti+r_r.ti .ln°~r- 1iDC. arr a. x iw.. sr+e niu F Ivr Kom C& MY pumm9w or PKU MPAINAW !41 fi _ SITES NOT FOR RECOR G L E G f N O~ ~ w'r r wr muer ma rwsa , t F~iF. Yr uv DI00 f nr . Irr~K w~ r. ~~p r ~3 wn~ LOCATION MAP lrOS r ~n►»+ - .wN. f . IrY IIIOMA IN • M M RWIC ADDM c LOT L, KM ti ~F Vfllrl ,rr N ..r. L. !c M" LM AO F w y AwY tis+ t!Y .wV v !'r0 NOW" /hv. I/MVF OWN Wf • 0 rr,nrh Ma e, P&Z Minutes September 13, 1995 Page 17 IX. Rife Addition. Lot 1, Block A. The 2.363 acre tract is located on the east side of Mayhill Road, approxima; Iy 313 feet north of Blagg Road. a. Consider a variance to Section 34-124 (c)(5) about channel lining drainage improve- ments. Mr. Salmon: We have three variances to consider this evening prior to considering the plat for this property. The fitst valiance is a variance of drinage improvement requirements. The cited section of the variance that has been applied for in this case requires that a lined channel be installed for a channel of this size. This Nroperty is located on Mayhill Road just north of Blagg Road and owned by Henry Rife. Mr. Rife has applied for a variance based on reasonable teed of the development for drainage improvements. We are looking at another exaction variance. An exaction variance can be recommended to the City Council if you fee; that the requirement is in excess of what is needed by the development for drainage or if you feel that the requirement constitutes a confiscation of the property. Staff is recommending that this variance not be granted. We feel that the development that has occurred on this property and the reason for it being ~ platted is a development that has a significant impact on the drainage in the area and does warrant drainage improvements. The building is about twenty-three thousand square feet. There is quite a bit of associated parking with this building and there is major eighteen wheel truck traffic. This is a warehouse and office for Sally Beauty Supply. There currently is a natural channel there. The owner does propose to grant an easement wide enough to contain a 100-year storm in lieu of constructing a lined channel. It is estimated that to do the drainage improvements it would cost fifteen to twenty thousand dollars. This is not excessive when looking at the cost of the building and the surrounding improve- ments. There is a section of the ordinance that allows a developer to designate permanent green space, or permeable area on their plat and allows them to build a little bit smaller channel section than what would normally be required. If the applicant proposed to leave all of the area behind the building in an undeveloped. natural state that would be a significant amount of the property and our ordinance would allow him to build a ten foot wide pilot channel as opposed to a full lined channel. By my estimate that would reduce the cost to about five thousand dollars. There are some options for the developer in this case. This particular development, considering the acreage of the lot which is a little over two ac,t.; and that once it is platted it could conceivably be expanded and the entire lot could bo covered by parking and building. The amount of drainage runoff from this property would increase from about seven cubic feet of water per second to about nineteen • which is a hundred and seventy-one percent increase in runoff. This particular channel is • • proposed to carry about four hundred and seventy-five cubic feet per second of water during a 100-year storm when the area is fully developed. Currently it carries about two hundred cubic feet of water per second, This development will increase the amount of water in this channel by about six percent over its current flow. That is why staff feels C i • 0 • P&Z Minutes September 13, 1995 Page 18 that there is a relationship between this particular development and the requirement to install drainage improvements. An easement will axed to be granted whether the drainage improvements are done cr not. The a tsement would be dedicated to the public and there is a rate on the plat document, some ianguage that the county wanted added concerning the maintenance of this particular drainage easement. Mr. Cochran: What is the existing channel like? Is it like a creek? Mr. Salmon: It is unlined and it is like a creek. Currently it is about two to three feet 3Qep. This isn't part of the floodplain. Mr. Cochran: Is the surrounding property developed at this time? Mr. Salmon: I believe there is a building or a house on the property to the north, but I wouldn't consider it a developed piece of property. The property to the east is definitely undeveloped. Mr. Cochran: Is *%e easement sufficient to carry the drainage from this development? Mr. Salmon: No, the engineer has sized the easement such that if the easement is properly maintained it will carry the correct amount of water. Mr. Cochran: Is the configuration of this easement such that it can be mowed? Mr. Salmon: From what 1 can tell from the road there are some areas that wouldn't be very difficult to mow and there are some areas that are steeper that would not be easy to mow. Mr. Cochran: Whose responsibility would it be to mow that? • Mr. Salmon: It is currently in the county but the county does not have maintenance program for natural drainage channels. We are currently doing an annexation study on this property. Mr. Cochran: What is downstream from this? • Mr. Salmon: Just pastures and woods. Ms. RusselL The property within the city is down th, middle of Mayhill Road to the west side, is that correct? r • 1- o • AMa1a low P&Z Minutes Septembet 13, 1995 Fage 19 Mr. Salmon: That is correct. Mr. Jones: Could you explain to me why the staffs opinion and the engineer's opinion do not agree? Mr. Salmon: The staff is looking at it from a maintenance standpoint also and if it is left in its natural state it is labor intensive. 1 don't argue that if this is properly maintained &-t it will carry the correct amount of water. Pan of the problem is that a grass channel requires more extensive maintenance than an improved channel would. Currently it is city policy to leave the larger channels in their natural state but some of the smaller ones to actually improve with some kind of lining in them so that it is not something that you have to mow every month or so during the summer time. It is an issue of spending a lot of money to maintain a lot of little drainage channels when they can be handled a different way. Mr. Jones: According to the petitioner's engineer if they line the channel it is going cause more problems downstream. Mr. Salmon: If designed incorrectly going from a natural channel to a lined channel to a natural channel again could pose some problems. We have certainly seen that in town and some areas where we go from concrete to natural. That is ninety-five percent a function of how it is designed. Mr. Jones: And what is the reasonable benefit to the property owner on this? Mr. Salmon: The reasonable tenefit is that he has drainage easement with facilities that do not require a lot of maintenance. That would remain clear and his tax dollars would not be spent doing a lot of unnecessary maintenance. Mr. Jones: We are looking at three variances and all total he could be spending as much • as forty-five thousand dollars worth of improvements. Quite frankly from what 1 have seen there is not that much benefit to this property owner. Mr, Robbins: Mr. Jones, you may be addressing a very fundamental issue such as subdivisions and exactions in which you may have the opinion that almost no development should be required to dedicate anything if they didn't want to. 1 may be over stating the • case. The problem we have is that is not the philosophy of our Subdivision Regulations nor of any others that I am aware of. What we have to deal with is the standards that a • • subdivision has to meet according to the current ordinance. Now if we think that those standards are excessive for the proposed development, for example a mobile home and some out buildings on twenty acres the staff in this case sees a great deal of difference I • O ; a =Mal 0 o u L east 'i---~ Dail P&Z Minutes September 13, 1995 Page 20 between twenty-three thousand square feet and the kind of figures that you see in the increase in runoff as that relates to this specific requirement of the ordinance. They do nct see the requirements as excessive. You have a requirement of the ordinance and then what we have to sort out with the variance "is what is being asked excessive?" David has just laid out some figures on why we don't think that is excessive. There are other ways to deal with the drainage and I think we have laid that out. That is not what the ordinance requires and so what we have to deal with tonight is w, t the ordinance requires and is that excessive Mr. Cochran: The question is whether or not by taking an action tonight we do something that will incur some greater cost to the city down the line when there is more development out here. Whether or not you let one guy off from the regulations and then in time it becomes part of the city. It is trying to weigh the benefits to one individual versus the whole community as far as capital improvements down the line. a Mr. Drake: One other benefit that hasn't been addressed is the additional amount of space that is being proposed as a natural drainage channel would be freed up by the improvement of a lining. It could be utilized for some other purpose and would not be subject to the requirements of an easement. Ms. Russell: With this Commission drainage is a very sensitive issue because over the years we have seen so many problems with it. People have cote to us with drainage problems so we are very cautious about anything that is going to have a hint of causing a drainage problem. Would the petitioner care to speak? Mr. Greg Edwards: My name is Greg Edwards and 1 am with Metreplex Engineering and I live at 1116 Sandpiper. Basically in our rational the owner has looked at this and the area that he could gave does not offer a benefit to him because that area does not offer him any more develop on his property and does not increase the value of his property. Mr. Cochran asked abOL: the character of this area and while preparing this I went out and walked the area and generally up to the flow line of the channel is mowed on both sides. There are two protected trees that would make it hard to mow but other than that there is not a problem with keeping it mowed. We agree with Mr. Salmon's numbers and that the size of the easement is sufficient to handle the flow for the entire area. The ordinance talks about basing it on exceeding any reasonable benefit to the landowner and that is what we are basing our case on. From our standpoint the cost of this particular improvement is not worth the benefit to development. Mr. Salmon mentioned the ten foot pilot channel , and I believe that the bottom width of the required channel is ten feet so I don't set ten to fifteen thousand dollars of savinbs in going to a pilot channel. 1 consider myself a conscientious design engineer. While I worked for the City of Denton I designed a channel right back here. We had two storms that were going over the hundred year design for the • I C> • a +ta a o Aw - P&Z Minutes p~ September 13, 1995 Page 21 North Woes area, meanwhile the water level was about six inches below the top of my ten year concrete lined channel that I designed. I also did some imaginative things to retard the flow of the water and to make that transition from concrete to the natural channel. We know probably five or ten percent of what Mother Nature does. When we start changing things that are working right then we create problems. We don't see that there is a lot of potential growth in this area and when there is the channel improvements that we had put in would have exceeded their economic life and would have to be replaced anyway. Mr. Cochran: What is the length of that area that we are talking about? Mr. Edwards: I believe it is in the area of about a hundred and fifty feet. Mr. Powell: I move that we grant the variance as requested. Mr. Cochran: I'll second. Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (6-0) Mr. Robbins: This is an exaction variance so you would be recommending it to the City Council. b. Consider a variance to Section 34-124 (5) paving requirements or a perimeter street. Mr. Salmon: The second variance is concerning perimeter stmt paving requirement. The applicable section of the ordinance is Section 34-124 (5) which requires the developer, if developing along an unimproved road, to construct a portion of the street to city standards along the frontage. It also states that if the street has been improved to some extent that \ it may be taken advantage of and possibly do less improvement in that case. In this case 1 the perimeter street is Mayhill Road. The ordinance would require Mr. Rife to construct • twenty-four feet of pavement with a curb and gutter along his frontage. In this case there have been some improvements made out there by the city. The current road section is about twenty-two feet wide and four inches thick, constructed out of asphalt. What Mr. Rife would be required to do is to add to the pavement and he would basically be thickening the pavement to six inches and installing a curb and gutter on his side of the road, widening the road so that it would be twenty-two and it half inches wide from the center of the existing road. , Mr. Robbins: We are reviewing a subdivision that the Commission has previously approved the feral plat for. What has happened is that the area of the preliminary plat that was approved and then the final plat of part of it has been expanded. This plat has to do • O • ~ A . 1 DENTON ooQaooooQOOOOO . i ooo~ ~.°oo I Q> % o 0o o l 0 0 0 0 n o { ° o 0 0 OD c~ ~ p Vt. 000 ti r ~ ~ Opp ~~oo ~ N . ~ o000 ~aa0000Qo ( 1 CITY COUNCIL I • n • n AoftNo D** 6-3 - DATE: October 3, 1995 CRY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Consider a variance of Section 34.124(8)(1) of ft Code of Ordinances of the City of Denton conceming easement requirements for drainage facilities for the final plat d the Muenks (pronounced 'minks') Addition. The subject property consists of 2.171 acres and is in the Shoo Family 7 Cordiitioned (SF-7(c)) and Two Family Conditioned (2F(c)) zoning districts. The property is located on the southwest comer d Hinkle Drive and Haggard Lane. . RECOMMENDATION: The Plaming and Zoning Commission recommends denial of the variance (5-2). SUMMARY: See Planning and Zoning Commission Report. BACKGROUND: See Planning and Zoning Commission Report PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Not applicable. FISCAL IMPACT: None. Respectful submitted: i L Harrell I • City Manager , • • 1 • • A . • ri Nall ~ Nat. tr~r taw Prepared by. Walter E. Reeves, Jr. Urban Planner Approved: Frank Robbins, AIC Director Plaming and Development Attachment i1: Planning and Zoning Commission Report. Attachment 02: Drab minutes of September 13, 1995, P & Z meeting. 1 i • .00 L • O • At)* ft AewG MM PLANNING AND ZONING COMMISSI To: Denton City Council From: Planning and Zoning Commission Subject: Final Plat of Block A, Lots 1-5 of Muenks Addition. Date: October 3, 1995. Recommendation 1 The final plat as presented before the Commission does not meet the requirements of Section 34, Subdivision and Land Development Regulations, of the Code of Ordinances of the City of Denton because a required drainage easement has not been dedicated. A variance of this requirement has been submitted, and the Commission recanmends denial of the variance. The Commission also approved the final plat subject to the variance being approved by the City Council. If the variance is approved by the City Council, the final plat will conform to the City's requirements. If the variance is not approved, then the plat must be resubmitted to the Commission in a form conforming with the City's current regulations (see report from David Salmon). Summary The 2.171 acre site is located on the southwest comer of Haggard Lane and Hinkle Drive. Section 34-124 (g)(1) requires that floodways be dedicated as drainage easements. The criteria for exaction variances follows: (b) Criteria for variances from development exactions. Where the commission finds that the impos Rion of any development exaction pursuant to these regulations exceeds any reasonable benefit to the prLperty owner or is so excessive as to constitute confiscation of the tract to be platted, R may recommend approval of variances to waive such exactions, so as to prevent such excess, to the city council. Waiver of developm entat exactions shall be approved by the city counoul. See the applicant's variance request. Background A rezoning request connected with the property was approved by the City • Council on July 5, 1995. The subject property will have four duplex lots, and is limited to a total development of 13 dwelling units. Attachments 1. Plat. 2. Engineering report on drainage variance. • 3. Applicant's variance request. • • I • w • . s A- NE- _ N 89024'46 E 284.3OT--- cx~ 9.66- - S 89'52'13" E 277.4 ' y'(0 '0 : MILLARD THORP - 64.30_ • __64.30'_ - 16' Co cn c = U - --64.30'. - ° 25' 68.53' - o yc w z I TO BLDG a n`ac~ I CURTIS L. HIMES goo a- '-T a ~ o , VOL 2114L PG 470 t,R ,L ° W v w a J R.P.R.D.C.T. o °f vi LOT 1 3 3 3 3 v z ~ 3 0-~ co LOT 2 LOT 3= J 3 > - Li N 89'59'06" E z It It J LOT 4 Lo o 0 98.98' G N In o co m o In V C' N 02'50'44" E ----------`N N N 1 NZONE A a crop 24.74' 64.30' N 64.30' ti _ H 64.30 y ZONE X N 87'52'13 131.48 WZ7 2'13 W 13 .83' an N 7 BLOCK A APPROX. LIMITS OF 4 z s LOT 5 aUQ FLOOD ZONE A 3 r w t CL cj R -T A V MDT T p b FLOOD WAY z cr w V • Lv SURVEY A-31 z ; y Y Ln FLOODWAY G~ ' J Z 218.87 N 8706 W s ° HARRY W. DOWN. JR. 225'87 b<"f • Q3' UNITED NATIONAL BANK v^ FLOODWAY VOL 316 Pr, 14[- o ZONE A _ -TF. ..D.C T. r0N 86'30'W 169.86 T ZONE X L.F. HENN To KELLY BROOKS • p • i Apr* . Apewu eM o+n CITY of DENTON, TEXAS MUNICPPAL BUILDING 215 E McKUYNEY a DENTON TEXAS 76201 MEMORANDUM 16171 5 6 6-8200 P DFW METRO 434 2529 DATE: September 6, 1905 TO: Planning i Zoning Commission FROM: David Salmon, P.E., Senior Civil Engineer SUBJECT: variance of Drainage Easement Requirement for Muenks Addition Rick Nuenks, owner of the Muenks Addition located at the southwest corner of Hinkle Drive and Haggard Lang has applied for a variance of Section 34-124 (g) (1) concerning easement requirements for drainage facilities. The cited section requires all public drainage facilities to be located in a drainage easement. In this ( case, the owner does not wish to grant an easement for an existing drainage channel that i-; in a 100 year floodplain. Section 34-124 (d) (6) requires dedication of the 100 year floodway. Mr. Muenks has based his variance request on reasonable relationship. The commission may recommend to the City Council that the variance be granted if the following criteria is met. Criteria for variances from development exactions. Where the commission finds that the imposition of any development exaction pursuant to these regulations exceeds any reasonable benefit to the property or is so excessive as to constitute confiscation of the tract to be platted, it may recommend approval of variances to waive such exactions, so as to prevent such excess, to • the City Council. waiver of developmental exactions shall be approved by the City Council. Staff recommends a variance be denied based on reasonable relationship for the following reasons. Granting a drainage • easement will not limit the owner use for the property any more than it is already due to that fact that it is in a federally • • regulated floodplain. It will allow the City to enter the property when necessary to perform drainage functions and enforce floodplain regulations more easily. Therefore, it could hardly be considered \ confiscatory. Most of the water from the subject tract will end up AEEoo5BE "Dedieared to Olyalinv Sen ict- • r x in thb drainage easement, so it will serve taw C creating a relationship between he development the eas requirement. Granting the easement simply pr development. it should be noted that even if s channel vere improved in accordance with the master drainage plan, a minimum 65' wide easement would be required which is only 10 to 15 feet narrower that the easement currently required. It is questionable due to downstream conditions if making channel improvements would have an effect on the width of the floodway. options% 1) Recommend approval of variance if applicable criteria is met. 2) Recommend approval of %ariance with conditions. 3) Recommend denial of variance if applicable criteria are not met. Staff Recommendation: 13 C David Salmon 1 • i i I J C \ Araoo5ae I .Y • a • Mnd lb. Aos~ kse in cul-de-sacs and at approximately intervals on tangent streets. Bee. 70!-124. Drainage requirements and design standards. (a) Compliance, all developments shall provide the drainage facilities and improvements to serve the development in accordance with the requirements and design standards of this section. (b) impose. The standards and requirements of this section are adopted for the following purposes: (1) To protect human life, health and property; ' (2) To minimize the expenditure of public monies for costly flood control projects; (3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the f expense of the general public; (4) To minimize prolonged business interruptions: I (5) To minimize damage to public facilities and utilities located in floodplains; (6) To provide for the sound use and development of all areas in such a manner as to minimize future flood blight areas; (7) To retain natural floodpl+:ins in a condition that mini- mizes interference with floodwater conveyance, floodwater storage, aquatic and terrestrial ecosystems, and groundwater and surface water; (e) To minimize erosion and sedimentation problems and enhance water quality; and (9) To minimize future operational and maintenance expenses. • (c) Definitions. In addition to the words defined in this subsection, the words defined in the drainage manual shall apply to any word used in this section which is not otherwise defined. Access ramp means a route used to provide entry for vehicles and machinery into, a channel. • Access road means a route parallel to and at the top of the • • bank of a channel used to allow maintenance of channels from the top of the bank. Base flood means the flood having a one (1) percent chance of AAACU - 83 - i i • A • i Apk l AP* tb0 fhk r REQUEST FOR VARIANCE 1 I. Rational As a condition to final plat approval, the City of Denton Engineering and Transportation Department staff requires dedication of a defined drainage easement in the Muenks Addition. This area generally includes an area known as the floodway area, as described and defined by the Federal Emergency Management Agency, (FEMA). The request for a variance from the dedication of a drainage easement is based on the following A. The requirement exceeds any reasonable benefit to the property owner • The proposed Muenks Addition does not call for any drainage improvements, and the development of the property, in and of itself does not cause the need for a public drainage improvements, nor easements on the property. • The city of Denton has maintained the existing channel in a free and open manner for a number of years. The proposed plat for the Muenks C Addition, does not interfere with reasonable access to the channel for maintenance purposes. Therefore no new benefit is expected to the property owner as a result of dedicating the drainage easement. B. The requirement is so excessive. A constitutes confitscation of the proposed lot #5 in the Muenks Addition. Lot #5 is a 1.369 acre treed tract which offers seclusion from Hinkle Drive and Haggard Lane. The lot is zoned SF-10 and is so configured that the building site would be located in the rear of the lot, just north of the existing creek channel. The natural attributes of the creek channel at the property allows for a setting which can utilize the north and south side of the existing creek channel. • The requirement to dedicate a drainage easement, forces he property owner to forfeit a significant property right in lot *5 because use and I enjoyment of the natural attributes contained or the property are jeopardized by any channel changes, or public drainage improvements initiated by the city. ! • O 0 y~y1, ,r~ n P&Z Minutes y September 13, 1995 ? Page 6 V. Muenk Addition, Lots 1-5, Block A. The subject property is located on the southwest corner of Haggard Lane and Hinkle Road, and is in the Single Family 10 and Two-Family zoning districts. a. Consider a variance of the flood plain easement dedication requirement of Section 34 of the Code of Ordinances of the City of Denton. Mr. Salmon: Rick Muenks owner of the subject property has applied for a variance of Section 34-124 (g)(1) of our Subdivision Regulations concerning easement requirements for 1 public drainage facilities. The cited section requires that all public drainage facilities be placed in a drainage easement. In this case on Mr. Muenks' property there is an existing j floodplain channel. Our ordinance also states that in the event that you have a floodplain ' and floodway on your property that the floodway is to be dedicated as a drainage easement. Mr. Muenks has based his variance on reasonable relationship to the development. This is an exaction variance and you will be making a recommendation to the City Council. You may make a positive recommendation on this variance if you believe that this variance meets the applicable criteria listed in our ordinance. Mainly that the requirement has no reasonable benefit to the properly and/or it would be considered a confiscation of property. Staff is recommending that the variance be denied on the reasonable relationship for the following reasons: granting the drainage easement does not limit the property owner use of the property any more than he would be by the fact that it is located in a designated floWway. The easement will allow the city to enter the property when necessary to before drainage functions and help to enforce floodplain regulations more easily. Staff does not feel that this would be a confiscation of the property because we don't feel that we are taking anything. The easement does save the subject tract, almost all of the drainage that comes off of this tract does end up in this easement, so we feel that there is a relationship between this development and drainage exactions. Granting the easement provides for orderly development of the area. One of Mr. Muenk's concern is that if at some time the city did some improvements and the floodway was reduced he would still have a large drainage easement. The easement requested is only about ten to twelve feet wider than • what would be needed if improvements were done, Mr. Muenk's channel looks very clean for a natural channel and has apparently been maintained by someone. The point I would like to make is that without an easement the city does not have a right to maintain the channel and there is no guarantee that it will he maintained by the owner. We are members of the community rating system as well as being part of the national flood insurance. Because the City of Denton is more restrictive than the federal government the • residents of Denton pay reduced rate for flood insurance. We do a relatively good job , of maintaining our floodplain channels. We received close to three hundred points for • • maintaining those floodways. If we drop below five hundred points then we drop to a level ten and would not have any discount. We are close to being a level eight which would give us a ten percent discount as opposed to five percent. Staff feels very strongly about • a 0 kaAr N i P&Z Minutes Jlprn September 13, 1995 p~ Page 7 this variance and we feel that it is very important for the city to have the right to be able to maintain this channel. Mr. Cochran: What would he be able to do if we didn't grant the easement as opposed to granting the easement? Mr. Salmon: Not really anything that I can think of because it is in a floodway. He canna put in any fill, solid fencing, buildings, anything that would obstruct drainage in that floodway area. The only additional thing that the city does get by having an easement is the right to go in and do maintenance work on an as needed basis. Mr. Cochran: Could be petition the city to get back the excess easement? Mr. Salmon: He could possibly get ten to fifteen feet back if improvements were done. I believe that it would cost one hundred dollars now and we would have to determine if there were any monetary values related to the easement. Ms. Russell: Is any of this on the CIP? I know that we have had people from Good Samaritan come an ask about doing something with the creek on their property. Mr. Salmon: This particular section is not, only the portion across the street at Good Samaritan has been considered. Mr. Cochran: Do we have an easement on Good Samaritan? Mr. Salmon: No we do not have an easement on the main channel because is has never been developed or platted. And that is part of the problem and why we have the standing water. We really aren't able to go in there and do anything with it. Ms. Russell: Any other questions or comments? Would the petitioner or his representative • care to speak? Mr. Rrian Burke: My name is Brian Burke and I live at 1318 Auburn. Mr. Muenks purchased this land within the last year. It is his understanding that the city has at least been doing herbicide control within the creek, Mr. Muenks is concerned about the configuration of the property and how granting the ninety to hundred foot drainage • easement would affect his future use opportunities. Lot 5 has a sixteen foot frontage to ' • • J Haggard for access to the lot. It has a pretty narrow building zone. This is a regulatsd floodway. Mr. Muenks is interested in using as many options that he possibly can for the property and he is not eager to grant an easement. He is willing to continue to let the city crews come on to the property to maintain the floodway. During conversations with me • I • s Aprnda k s a kMwn ! P&Z Minutes per` September 13, 1995 Page 8 he indicated that he would be willing to provide a written document granting the city permanent access. He just does not want to show the easement on the face of the plat. He is afraid that it is going to restrict his use of the property. He is not trying to preclude the city from doing any ma°wenance. He further states that his activity is not creating the need for an easement. All of his property drains to Pecan Creek. He is concerned that it is going to restrict his recreational use of the property. Mr. Cochran: He plans to sell this property? Mr. Burke: His immediate plan is to build duplexes on the four lots facing (laggard Lane. He has talked about building a house for himself on Lot 5. Mr. Cochran: He is willing to let the city to maintain the floodway and enjoy those benefits without giving an easement. Mr. Burke: He is not going to interfere with anything that the city is going to do, but he would prefer that it be left alone. Ms. Russell: I understood that you cannot build in a floodway and I have not ever heard conditions discussed that would bring property out of the floodway. Mr. Burke: Floodways are reduced and enlarged about every seven years. 'T'here are a number of ways that they can change. One is simp!y because there might have been a mathematical error in an earlier version of the flood insurance study which could result in a narrowing or widening of the floodway in a certain area. Physical improvements narrow Foodways and channels narrow Foodways. Ms. Russell: The property to the west is vacant? Mr. Burke: No there is a house there. The city owns the property to the northwest of • Haggard Lane. There can be a little bit more development in this area. Mr. Cochran: Does he view this as an amenity to his property? Mr. Burke: I think so. I know that he was interested in being able to cross the creek. He has talked about swings, and gardens, and picnics. • Mr. Moreno: Where on Lot S will he build a house? • • Mr. Burke: It would be somewhere north of the floodway. He can build in the floodway fringe as long as he meets certain standards. 0 } • 1 v • r - ~J J Agenda P&Z Minutes Agenda rfrttr September 13, 1995 Aare Page 9 Ms. Flemming; Has this been done by separate document? Mr. Salmon: It can be dedicated by separate document. It doesn't have to be shown on the plat and it can be done by separate document. It would have the same implications as being shown on the plat. We are coocerned about having perpetual maintenance of the floodway. We try to maintain natural floodplains in a condition that minimizes interference with floodwater conveyance, floodwater storage, aquatic and terrestrial ecosystems, and groundwater and surface water. We want to keep our floodplains in a natural condition and having a wide enough easement is part of being able to do that. Mr. Muenks would probably not have to worry about the city coming in and doing some kind of concrete channel because that is really not where we are at. Even if he dedicates the easement he can still use it for recreational uses. That is still his property, he still owes it even though there is an easement there. Mr. Cochran: One of the major problems that we have is vegetation that grows in the floodplain and aren't there other ways of dealing with this? Mr. Salmon: There are legal remedies to problems in this area. In order to exercise those you have to go through the normal legal process that you would for any ordinance. You send a letter and if they don't comply then you issue a citation. At that point it might go to court. Mr. Cochran The only time that we might loose points is when we have a problem or is it because we do not have control? Mr. Salmon: That is son of a secondary effect. The city feels that the easement is necessary so that we can insure that there is proper mowing. Without that we cannot ` promise that there would be proper mowing. 1 Mr. Cochran: The city maintains it as this point, is that correct? • Mr. Salmon: Yes, that box culvert is in the right-of-way easement of Hinkk Drive. Ms. Schertz: If we were to grant the drainage easement tonight, is it right that the applicant can come and request the easement to be reduced? • Mr. Salmon: Yes, be could come to the city at any time and request an abandonment of the easement or a portion of the easement. If the floodway were the same as it is now then • • J the city staff would probably recommend against doing away with part of the easement, but if we had a new floodplain map and for some reason the floodway was a little bit smaller and we didn't need as much easement then we would probably recommend to abandon part • O 1r a' stsr: • a • AWds P&Z Minutes September 13, 1945 Page 10 of the easement. Ms, Schertz: Then in the worst case if the applicant doesn't grant an easement and for some reason he cannot take care of the tloodway then what right does the city have to go in and take care of the drainage problem. Mr. Salmon: Legally the city has no right to enter the property without permission from the owner, Mr. Powell: Does the easement allow construction? Mr. Salmon: A general drainage casement does allow the governing body to perform drainage functions whether that be maintenance or construction. Mr. Powell: So we are saying that the city could go in there and channelize that at some point in time? Mr. Salmon: Yes, that is something that could legally happen if it was granted as a drainage easement. Mr. Powell: Why ate we requesting a drainage easement instead of a maintenance easement? Mr. Salmon: Easements can be written to limit the type of activity that happens inside of the easement. Obviously a general drainage easement does give the city more leeway to do what needs to be done for the general public. An casement can be written to only allow maintenance activities for a natural channel. We add conditions to easements all of the time when we get them for the projects that we build ourselves. Ms. Russell: If we decided to grant an easement and at some point we decided to • channelize it, how are they notified about what is going to take place? Mr. Salmon: We do not have a written policy on how we handle it but in the past when we have designed a public improvement we have always invited people in to see what we are proposing and to look at the preliminary plans. We do this early enough to get input from them so that if we need to change the plans then we can. Often times during construction things come up and people decide that they have a problem with what is • proposed. We have a pretty good record of rectifying those types of problems. • • Mr. Drake: You might also want to mention that any kind of concrete channelization would probably go through the CIP process so you would have all of that lag time. • 0 • w • Attaki Mo. P&Z Minutes Apanei then September 13, 1995 Do Page 11 Mr. Salmon: Yes, a project like that would certainly go through the capital improvements process and be years in the making. The other thing is that our current practice in doing cost estimates for CIP projects, especially drainage, we do all of the cost estimates now based on alternate materials such as gabions, grass-crete. The city really does not have any intentions of putting in solid concrete channels at this point. They would be something more aesthetic. Ms. Russell: We have talked a little bit in the past about a maintenance casement, where are we on that? Mr. Drake: I think that if the criteria were made for the exaction variance then that might be a possibility. Ms. Schertz: What I am thinking about is whether the city trusts the citizens, or do the citizens trust the city. I think that the citizens have to trust the city and that the city is looking at the overall picture. 1 have listened to all of the people that have come forward with drainage problems and things that were not planned and not anticipated. I am comfortable in trusting the city that they would not disrupt the property unless it was absolutely necessary. Mr. Jerry Yensan: My name is Jerry Yensan and I am with Landmark Surveyors and we prepared the plat. I have had some conversations with Rick Muenks and first of all I would like to clarify that I don't think that Brian meant to convey in his comments that Rick is suggesting an easement by separate document. He was suggesting a letter stating that he would allow maintenance. I think that the point that Elltn raised is very true but administrations change. If he does an easement and later tries to reduce it he will have to pay for land that he already owns. 1 Mr. Jones: 1 have a problem with denial of this variance. We have the means available to us to be able to regulate that tloodway as floodplain managers. Yes it may be more difficult for us and if we had to go through that one time there is nothing, I would guess, for us to get a permanent injunction or something to that effect that would allow us onto that property. According to this criteria do these regulations exceed any reasonable benefit to the property owner or 1 don't see any benefit to the landowner by granting this easement. Why do we need this and if we can get to it from Hinkle then why do we need this applicant to grant an easement this wide? Mr. Powell: Why do we ask for this which to me is a taking and we don't pay anything • • for this right? This bothers me and has since I have been up here. J Ms. Flemming: If the city abandons an easement then what happens to it? I O 0 • Q • AP&Z Minutes September 13, 1995 Page 12 Mr. Drake: It reverts back to the property owner, but if there is any value to the easement then that is calculated according to the Code of Ordinances. Ms, Russell: As 1 understand the term of easement I still retain ownership and it is just a right of access to maintain something. I see it as a benefit to the owner if the city can come onto the property to maintain the drainage easement. If we had to do things by injunctions and attorneys you are talking about a lot of money and it is my tax money, when all we have to do is allow access to take care of something. He still has his property, it is not taken from him. Mr. Drake: An easement grants limited service rights for the limited purposes of the easement. A floodway easement grants to the city limited surface rights to the land for the purpose of maintaining the land as a floodway. It is for that specific purpose. It is also possible for the floodways to become wider and the easement would aot widen. Mr. Salmon: By "we" we are talking about the taxpayers of the city and the taxpayers expect the city to handle the drainage problems. Ms. Scheru: Is it common practice that when there is a floodway going through your property and you want to develop it that you have to come before the city? Is it fairly standard practice then for the city to ask for an drainage easement? Mr. Salmon: It is an ordinance requirement. Anyone who comes in here to plat property with a floodway will be required to dedicate an casement for the floodway. Mr. Muenks was told in March of this year when he came in for a predesign conference that a drainage easement would be required. Ms. Russell: Any other questions? Mr. Cochran: After rereading the reasons for the drainage requirements and design • standards for the city these seem like pretty compelling reasons not to grant a variance. When looking at the overall picture and some of the problems that exist because of the poor control of our drainage and giving up control and failing to respond in a timely and appropriate manner I would move that we deny the request for a variance from the drainage easement requirement for the Muenks Addition. • Mr. Moreno: I'll second. , Ms. Russell: Any further discussion? All in favor of the nation please raise your right hand. Opposed same sign. Variance depied. (5-2) Mr. Powell and Mr. Jones opposed. i • • t DENTON QooooaoaoQO000 °o ooo. ~ opp O 0 CZ3 ° o 00 ~ p ppp r ~ ~QQO 0000 o N , c OQQQ Doa0005 1 • IT'S' CouNciL • • 0 • r r ko. 3 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager DATE: October 3. 1995 SUBJECT: Variance to Section 34-124 (f)(3) of the Subdivision and Land Development Regulations (drainage charnel requirements) for Lot 1, Block 1 of the proposed Cline Addition. RECOMMENDATION: Planning and Zoning Commission recommends approval. SUMMARY: The variance is to construct underground pipe drainage improvements. BACKGROUND: See attached report. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: None. FISCAL IMPACT: _ None. Respectfully Submitted: • C~4 e Prepared by; oyd . Harrell, City Manager J G. Owen Yost-ASLA, l1rhan Planner • a • r r_ AO~+No' ~t tnm OW City Council Report Page 2 Approved by: I Fra„k H. ins AIC Director of Planning and Development ATTACHMENTS: 1. P&Z Report. 2. P&Z minutes of September 13. 1995. AIQ OM k • .h tILI e g i 4 i • a • REPORT A0011 No Aawl Item 0111 DATE: October 3, 1995 TO: Mayor and Members of the City Council FROM: Planning and Zoning Commission SUBJECT: Drainage Improvements Variance for Cline Addition Joe and Sue Cline, owners of a 20 acre tract on Mi;am Road approximately 1771 feet east of Rector Road in the City of Denton's ETJ have applied for a variance of Section 34-124 (f) (3) concerning drainage design standards. The Clines propose to build a home on the 20 acre tract. Section 34-124 (f)(3) requires underground pipe systems for drainage systems that carry an amount of water that would fit into a 48 inch pipe or less at natural ground slope. The applicants have two drainage swales on their property that carry water from other properties. The Commission feels that installing a pipe system in these areas at an estimated cost of $132,000 is riot in proportion to the reed for drainage improvements created by this development, The applicants instead propose to dedicate drainage casements wide enough to carry a 100 year storm and leave the drainage swales in their natural condition. The Commission recommends to the City Council that the variance be granted because the following criteria is met. Where the commission finds that the imposition of any development exaction pursuant to these regulation: exceeds any reasonable benefit to the properi, or is so excessive as to constitute confiscation of the tract to be platted, it may recommend approval of variances to waive such exactions, so as to prevent such excess, to the City Council. The Commission unanimously recommends a variance of the requirement for underground storm drainage. The construction of a home and possibly some out buildings on 20 acres will have a negligible e:fect on drainage. The proposed easement as shown on the plat will ensure that no structures are placed in that area needed for drainage and will provide for maintenance of the existing channels. Options: . r. 1. Recommend approval of variance if applicable criteria is met. 2. Recommend approval of variance with conditions. 3. Recommend e.mjal of variance if applicable criteria are not met. A\XWC.a % 0 • " A • i. AWdo Na AWde Item Due Application for Variance of SuDd w .,LOn and Land Development Regulations for CLINE ADDITION, BLOCRI, TRACRI Sept. 5, 1995 This document represents a request for variance from the section of the Chapter 31, Subdivision and Land Developmer leoulations of the City of Denton which deals with drainage from adjsL perties. There are two natural drainage areas which traverse the property in the CLINE addition. One is drainage from the property to the west of ours which is Currently a cultivated field. This drainage crosses our property from roughly South west to North East. The other area consists of a runoff creek which runs roughly South to North across our property. This area carries runoff from the property South of as under Milam road to the property on our East where it is joined by the other drainage area which crosses our land. The properties surrounding ours are pasture land and cultivated fields. Our property is currently pasture land and the drainage areas are in an area which will remain parture land. we feel that the granting of this variance will not cause any public safety, health or welfare hazards. The drainage areas have existed for many years. Their paths have become well established on this property as well as on the adjacent properties. In several areas the channels are deep enough to be naturally lined with native rock. Whether or not these drainage areas are concrete lined will make no significant difference to the condition of neighboring properties. Therefore the granting of this variance request is not deemed to be injurious to other property. The combined length of the two drainago- areas is approximately 1500 feet. The width varies from approximately 3 feet to 10 feet an] the depth varies from approximately 1 foot to to 8 feet. The cost of lining these areas with concrete would be cost prohibitive. Support for the granting of this variance was indicated by members of the City Planning and Development Department staff at the Development Committee Review held August 10, 1995. We therefore feel that the granting of this variance will not vary the provisions of the Zoning Ordinance, Denton Development Plan, Master Plan or Studies. . we are requesting this variance because we desire to reside on our land. Should this variance be denied we would not be able to because the cost of cc.pliance would force us to abandon our efforts. for an indefinite period of time. This request is not based on conditions created by ourselves or previous owners actions or omissions. in conclusion we respectfully request that this variance be granted. Thank you, , • • Joe and Sue Cline. O i A . r 1 , AW& Na Agma bm~~ - 00 + .y . ~ y t + t ~ i 1! i i i j 'I i ~.Sp Tt!- ~ i I { i i i • 0 t . ~ C: ; a b {fit y,¢ :'.C'"~~v^v~,`.i~, ` .`f ~d L • • r r j all y 166 / AWA ft AprA No 00 T e b $ do Ahl NoR 30' ORUNkf CASEMENT / 1'" is, ErM[A SIX or Eufsrmc CENRR Or DrCN FLO* uM e`}ys '~'r 'c ? Spy ACRES AW3 a Q • p N fq ~ BLOW fie n~ N ± ! C :t 1~ g i 7 rY'OD~r[ I£Q ~ I ~ ` J i Z Iwo- a N , ij NOME: r0' DWJAGE UMWNT j 7m", 16 ^ e ^N aNTERE or ~ l~ 4. 3 b r ~ POINT OF ~ ~ ' I • • fiaGINNINLA- 4. o7 ' . ro i tr' M ROAD • 0 • P&Z Minutes AD" September 13, 1995 . Page 12 VIII. Cline Addition, Lot 1. Block 1. The 20 acre tract is located on the north side of Milam Road, approximately 1771 feet cast of Rector Road. a. Consider a variance to Section 34-124 (f) (3) concerning underground pipe drainage improvements. Mr. Salmon: Joe and Sue Cline are the owners of twenty acres of property on Milam Road. They have applied for a variance to Section 34-124 (f)(3) of the Code of Ordinances concerning drainage design standards. That particular standard would require the Cline's to install an underground pipe system in place of the current natural drainage channels that they have on their property. If they were going to comply with the ordinance it would cost them approximately one hundred and thirty-two thousand dollars to install the drainage improvements. The applicants do no feel that it is a reasonable expense for the type of development that they are proposing to do. They have asked for an exaction variance. With an exaction variance you may recommend to the City Council that the variance be granted if you agree that the requirement far exceeds what is required to develop the property for this purpose or would be a confiscation of property. Staff is recommending that this variance be granted for underground storm drainage. The construction of one home and possibly a few out buildings on twenty acres will have a negligible effect on the drainage. We feel that the existing drainage swales will handle the drainage appropriately. The owners do propose to grant a forty foot wide and thirty foot wide easement where those swales are for future maintenance of those. Staff thinks that is a reasonable thing to do. Mr. Cochran; How far are they outside the city limits? Mr. Salmon: They are well outside of the eight thousand feet from the City of Denton water line. They are in district one, but they are closer to Krum. Ms. Russell: Would the applicant care to speak? • Ms. Sue Cline: My name is Sue Cline and I live at 5128 Alpha in The Colony. We are proposing to have our American dream. We plan to build a four bedroom home on our twenty acres, with a couple of cows and a couple of horses. Everything around there is pasture land with natural drainage. • Mr. Cochran: 1 move that we grant the variance to Section 34-124(f)(3) concerning drainage de;,an standards, and they have indicated that they are willing to grant an • • easement on their property and that those casements be attached to this. Mr. Powell: I'll second. O ! .7 1o P&Z Minutes September 13, 1995 Page 13 Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (6-0) I b. Consider the Development Plat. I Mr. Yost: This is twenty acres in size and there is one mobile borne proposed for it. The easement has been granted. DRC recommends approval conditioned on the approval of the variance by the City Council. Ms. Russell: Are there any questions? Would the petitioner care to speak. Mr. Cochran: I move that we approve the development plat of Lot 1, Block 1 of the Cline Addition. Mr. Jones: I'll second. Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (6-0) 1 • of - l ,h;4 ~am rt, • p • DENTON 000000000 00000 OF © o CD o ED c~ Q3 o ~O ~p0 ti T 0000 o ~aacoo • CITY COUNCIL I. • • a • •O No, 4pendali ate ORDINANCE NO. _ 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. WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law and City ordinances; ana WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided In the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 1800 ALL PSI $ 29,919.00 PAVEMENT SPECIALIST, INC. 1 SECTION rI. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of • the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained In the Bid Invitations, Bid Proposals, and related documents. j • SECTION III. That should the City and persons submitting ' • • approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, J approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. • r p r , Apeft Ito. - Dro SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That thia ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 1995. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL YORNt HERBERT L. PROUTY, CITY ATTORNEY BY: • i j • - 4b • r, rA IYb. AIM r!Q+PTs'lt~,-ilk, ao CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1800 - CRACK SEALING PROGRAM RECONIMDATION: We recommend this bid be awarded to the low bidder, PSI (Pave:aent Specialists Inc.) , at an estimated total of $29,919.00. SUMMARY: This bid is for an annual contract for all labor, materials, and barricade necessary in preforming crack sealing. This sealing will be preformed in several arterial and residential streets through-out Denton, cv3proximately 54,370 liner feet. The material used in sealing street cracks is made us:ag recycled tires. This rubberized material is resilient and waterproof, which extends the life expectancy of streets. Two bid proposals were received in response to nine bid package mailed to vendors. BACKGROUND: Tabulation Sheet, Mr=randum from Jerry Clark datel 9-14-95. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Street Department, Citizens in the area. FISCAL IMPACT: Funds for this project are available from budgeted funds for 98 Street Maintenance Account # 100-020-003-8303. ARespe3561ly sub tt arre er Prepared by: Name: Denise HTitle: Senior Buyer I Approved- Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 6U.A~IRIA • f • 1800 I E CRACK SEALING PROGRAM PAN-MENT CTI SPECIALIST E DNTE SEPTEMBER 7, 199b INC TOTAL BID AWARD $24,949.00 $62,776.00 i ~J i I 1 0 ~r. . f, n ~e MEMO To: Tom Shaw, Purchasing Agent From: Jerry Clark P.E. Subject: Bid 01800, Cra Scaling Program Date: September 14, 1995 The low bidder on the project was PSI (Pavement Specialists Incorporated) with a bid of $24, This will be the first time PSI has bid a project in the City of Denton. That is primarily because the crack sealing program is only 3 years old approximately. We checked several references on PSI including several Cities and the Texas Department of Highways. All references gave positive reports including good quality work and being reasonable to work with. We recommend that PSI be awarded this bid. Their price is significantly lower than the low bidder from last year who was almost double PSI's price this year. The crack sating program uses recycled tires to ruNwrize the material. This additive makes the material more resilient to car impacts and more resistant to water. Keeping water out of the subgrade allows our roads to extend their life cycle significantly. The process is uses on new or recently repaved roads to keep the surface impervious to water. Road% that have major cracking and failures are repaved or reconstructed. I s a r DENTON DO°0 0QO ouD Oooo 0 o : 0 0 o o 0 I~0000 0 ~aQaooaoo a • CITY COUNCIL r • • • a 0 agenda No. Agendalt ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications or. file in the office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 1796 DBR Construction Co. $95,767.00 SECTION II. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including tLe timely execution of a written contract and ` furnishing of performance and payment bonds, and insurance 1 certificate after notification of the award of the bid. • SECTION III. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, cr,nditions, plans and specifications, standards, quantities and • specified sums contained therein. SECTION IV. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. • 0 • a • 1 S 9alM'+16A`!"%M'k4'96tRtlf~Lt+Jk~.°i 4m*1 4b 40% aft SECTION V. That this ordinance shall become immediately upon its passage and approval. _ PASSED AND APPROVED this the - day of _,1995. BOB CASTLEBERRY, MAYOR ATTEST s JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: • S 4.0 1,94183 • O • r AMs11 M E: OCTOBER 9, 1 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID !1796 - CHAMBERS STREET DRAINAGE RECOMMENDATION: We recommend this bid be awarded to the low bidder, DBR Construction Co., in the total amount of $95,767.00. SUMMARY: This bid is for all labor and materials necessary in replacement of approximately 1,117 linear feet of 24",and 131 liner feet of 18° storm sewer in the Chambers Street area. Five bid proposals were received in response to sixty-five notices to bid mailed to prospective vendors. BACKGROUND: Tabulation Sheet, Memorandums from Barbara Ross dated 9-12-95, and David Salmon dated 9-11-95. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Engineering Department, Community Development Department, Citizens o Denton living In the Chambers Street area. FISCAL DBACT: Budgeted Funds for Community Development for 1996. Res ly cubmi t LI V. Harrell City Manager Prepared by: Name: Denise Harpool Title: Senior Buyer Approved: C, Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent • ;r • _ w • • 1790 JAOOE DBR CONST PATOO DICKERSON J S I N M CHAMBER STREET PUBLIC CO. INC. UTILITIES CONST CO CONBTRUCTORB DRAINAGE CO INC PEN SEPT. S. 1905 O A ITV DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR TOTAL BID $150,600.00 $95,707.00 $102,106.01 $100,050.00 0149,001.00 { I BOND YES YES YES YES YES NO 01D MW BUILDERS • 1 r , 1 Y~ r AT lzl • r 1. i" ~ 7CCEi''1cn CITY 0--- -IL: ''I ArAh ML . "rP 13 Z'111:410 Aomb low an CW0FDEMMTEXAS 10O STORK M201 MTOMTM7W ~ RMX3.77H • FAXRI1 31tRM Cammunify Deft4 emat 0116 MEMORANDUM TO: Tom Sbaw, Purchasing Agent FROM: Barbara Ross, Community Development DATE: September 12, 1995 SUBJECT: Chambers Street Drainage Bid Based on the attached recommendation by David Salmon, the Community Development Office would like to accept the bid of DBR Construction for the Chambers Street Drainage project Please call me at extenstion 7234 if you hove questions or need additional information. Thrnk you. Barbara Ross xc: David Salmon, Engineering dt Transportation • • , • • I 'Dodkakd to Ow ity SwWce' { yyr;rt` v y • #40A UL or CITY of DENfON, TEXAS MUNICIPAL BUILDING • 215 F. McKINNEY • DENTON, TEXAS 16201 MEMORANDUM 1817) 5658200 • DFW METRO 431.2528 DATE: September 11, 1995 TO: Barbara Ross, Community Development Administration FROM: David Salmon, Senior Civil Engineer SUBJECT: Chambers Street Drainage Bids were opened on the above mentioned roject on Tuesday, September 5th. The bids have all been checked for accuracy and correctness. The low bidder is DBR Construction at $95,767. our estimate for the project was $103,501.50, so it appears that DBR's price is reasonable. DBR has completed many similar projects for the City of Denton with satisfactory results. We recommend that DBR Construction be awarded the bid. Davi Salmor. Senior Civil Engineer • AEE005SE i i "Dedicated to Quality Service" . 0 0 r i DENTON 00000000000000 °G ~a 0 0 c7 0 ~ o 0 0 0 00 a~ co p 16'a y r ~ DODO OO N , 'C ooOQ OO ~ooOaoooa CITY COUNCIL r • 0 • C1'I'Y C'UUNC'11, REPORT F'ORMA'L'I Qato _ - 102 PA; E: Oct)ber 3, 1 r TO: Mayor and Members of the City Cnui,cil FROM: Lloyd V. Harrell, City Manager SURJEC'T: Lattimore street closure RECOMMENDATION: Approve ordinance closing a portion of Lattimore street SUMMARY/BACKGROUND; ' This proposal was initiated a* the request of the owners who live along this section of street (Doug Sanders and Rabon Sanders). There are four separate nwners along this section of street. The Sanders are concerned with safety and debris generated by trespassers. The Police patrol the area but since some of the property is vacant and is isolated, it is difficult. PROGRAMS. DEFARTMENTS. OR G -V~P$ AFFECTED: Street maintenance, utility, Police and emergency vehicles and general public FISCAL IMPACT: Reduce maintenance of street, drainage and Police. RESP UULL/LY SUB 1 TED: QlcPyd V. Harrdl City Manager • Pre-pared by: Rol Wilkinson Supervisor of Engineering Techs/ROW Apri,;veri: ~ • • • 1r~t„r;of Dngineerin 6 Transportation J • f , Apeft N& APO MM CIO' of DENTON, TEXAS MUNICIPAL BUILDING X215 E MCKINNEya DENTON, TEXAS 76201 MEMORANDUM (817) 566-8200 • DFw METRO 434.2529 DATE: September 22, 1995 TO: Rick Svehla, Dep•ity City Manager FROM: Roger Wilkinson, Supervisor of Eng Techs/ROW SUBJECT: Lattimore Street Closure A portion of Lattimore street has been requested to be closed. The attached plat depicts the area as being from Ruddell street east and north to the east/west portion of Lattimore street (west of Pertain street). There are four separate property owners with frontage on this portion of street proposed to be closed (Doug Sanders, Arbon Sanders, R.O. Fulton and James Coleson). Doug Sanders and Rabon Sanders each live along this section of the street and are requesting it be closed. The Fultons property fronting this street is used to graze cattle. Mr. Coleson's property o^ I.he south end is vacant and he is in favor of this street closing. Mr. Coleson also wishes the City to pursue abandoning the street in its entirety. Tht Sanders are concerned with their safety and the trash and debris on the vacant property. This section of Lattimore is a stbatandard street, in asphalt depth and width. It is needing major maintenance work to be performed for safety concerns. The Development Review committee considered this street closure at their May 18, 1995 meeting and offered no objections to closing this section of street. The Traffic Safety Commission has considered this request at their meeting of April 3rd, 1995 and approved of the closing (a copy of the minutes are attached). ' The Planning and Zoning Commission considered this request at their July 12th, July 26th, and August 9th, 1995 meeting. A favorable recommendation was received from the commission at the August 9th meeting. The Police, Fire and Development Review' Committee including the Engineering and Transportation department are also making a positive recommendation. R r Wilkinson AEE005BE "Dedicated to Quality S-rvice" • O. ~ r ~~:::;4~Y ~i x,•^14 nL~(~, ~ Y • ~ c. 0 PHOTOCOPY low& MCI lv~ E 9 x C~O~ YAMC [ILE JLJLJ , s cil Y'J DEG as••lAJ~ ® T MAIL r. s q Ell Q Ent[] ° 1~•. a I~OOO~=QAX r.K 421 AZ9 FFL~ oC o i1 'im mad ~ MLL LOGO ton O f D~LC- J , a I FL a -risr~ + r us on, 0 ~ , • • P • 1 Aqw* Ld W 0 O 7 ❑ ❑ ❑❑❑❑a~c 4 C) °a ❑ Do~.te, Swn~KS f Ter« Sawir~ ` ! Vol i~b SQ~a~~s FRl~~o/}i ~ Mi-I tc%fbgrp Sc,,k h ❑ ❑ d S ❑ ~w..+af l+d 4latos, nn~ vs 0 • ~ ❑ Mo.y Colaso* ❑ 1 Ll a 3 MAY SiRECT Z Map • - o • r , A DUC t D r~ Abq*MANy CITY OF DENTON, TEXAS DEPARTMENT OF POLICE MEMORANDUM DATE: August I, 1995 TO: Traffic Safety Commission City of Denton FROM: Gary L. Matheson, Assistant Chief of Police SUBJECT: Lattimore Street Closure The Police Department is supportive of the staff recommended closure of Lattimore Street, inclusive of the cul-de-sac at the west end of Section A. 4GLatheson Assistant Chief of Police • 601 E. HICKORY STREET SUITE E DENTON, TEXAS 76205 DUTY OFFICER (617) 566-6181 FAX(817)333-7966 s y ,ymay' 1t 0 • • Denton Development Committee Fire Department Comments Date: May 21, 1995 Project Names Lattimore Street Closure Project Descriptions Street closure between Ruddell and Pertain. Type of Review: Variance comments: 1. Variance is acceptable to the Fire Prevention Division with comments. There is a fire hydrant located at the Lattimore and Lattimore that is needed for the fire suppression of several houses. Abandonment of roadway should occur west of hydrant. 2. There is a residence which will be using abandoned roadway as private drive. If drive is gated then consideration of Fire Department Access is needed. /'Rick Ones Fire arshal (817) 566-8115 (817) 566-8109 Fax 1 • • . • is • a • Apah ram Do August 4, 1995 LETTER OF INTENT COLESON, FL ,l'ON & SANDERS RE: Non-Opposition to Closure of a Portion of Lattimore Street TO WHOM IT MAY CONCERN: The undersigned abutting property owners of a certain portion of Lattimore Street described herein (hereinafter, the "Street") hereby declare their lack of opposition to its closure to public access. Said Street extends in an easterly direction from Ruddell Street to a corner, then in a northerly direction to a corner, as shown on Exhibit A, attached hereto and incorporated by reference herein, but that the Street in question does not include any other portion of Lattimore Street. The undersigned represent that they are the owners of all land abutting said Street. The undersigned further ackn wledge: that the Street is currently represented to be a public right-of-way of the City of Denton, Texas ("Denton"), presumably 'cdicated by prescription; that upon executing this letter of intent, Denton may elect to close said Street to public access; that if Denton does so, the undersigned abutting landowners will have no right of compensation therefor; that Denton has indicated its present intent to preserve this Street as a public easement, irrespective of any such closure; that • Denton, its officers, agents nd employees may continue to use said Street during any such period of closure in carrying out its gov- ernmental and ~-,roprietaiy functions; that any such closure may or may not take place; that if said Street is cl-ised but not aban- donel, Denton has informed the abutting property owners that it may, at its sole discretion, elect t,> reopen said Street with or without the consent of, or notice to, the undersigned abutting • property owners, or their successors; that they have been informed • • by Denton's representatives that, although Denton cannot make any binding assurances as to how quickly it could install them, it is willing if the Street is closed, to perform the labor in installing gates furnished by Mr. Fulton as time permits, and that this tr.sk can probably be performed within 90 days of any ordinance closing the Street, but that any failure to meet this schedule shall not invalidate the remaining items in this letter of intent; that they • • AP@h IL AO" bm Do Letter of Intent Coleson, Fulton Sanders August 4, 1995 Page 2 have no objection to Denton's future abandonment of said Street, should it decide to do so at some future date; that this letter of intert is not conditioned upon the occurrence of any future event or circumstance, such as the actual closure of the road or the possible future abandonment of said Street by Denton; that each undersigned abutting property owner has legal capacity to sign this letter of intent; and that this letter of intent is executed by each undersigned abutting property owner freely and of his or her own free will, without any further promis3 or inducement. James W. Coleson Mary Coleson Q~L VL!~~'tLll/~.4/ Dou San e s ~TCresa Sanders Radon Sanders i-a ara Sanders 1 Edwin Owen Fulton Co-Owner (if any) • Mrs. Vodie Fulton Co-Owner (if any) { o i • a • A" 14 CLOSING OF LATH LA I J I ~ Ja J I LJ c-i U JLJ v C'.l ~,j C l o 0 i - - r~ D r - CLOSE LATv MORE TLFe~, r l RAQ O4t - f] aEBIT f] • 0 • F WK: N'S\Gk.C'.'. LAIC I W' R 0 AW48 No. Ageede item Date ORDINANCE NO. _ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE INDEFINITE CLOSING OF LATTIMORE STREET FROM THE EAST SIDE OF NORTH RUDDELL STREET EAST AND NORTH TO THE EAST/WEST PORTION OF LATTIMORE STREET (APPROXIMATELY 350 FEET WEST OF PERTAIN STREET); AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Lattimore neighborhood has indicated a dasire for the City of Denton to indefinitely close a portion of Lattimore Street from the east side of North Ruddell Street east and north to the east/west portion of Lattimore Street (approximately 350 feet west of Pertain Street); and WHEREAS, the indefinite closure of a portion of Lattimore Street from the east side of North Ruddell Street east and north to the east/west portion of Lattimore Street (approximately 350 feet west of Pertain Street) has been approved by the Citizens Traffic Safety Support Commission and the Planning and Zoning Commission; and WHEREAS, it is determined to be in the best interest of I.he Lattimore neighborhood and the citizens of the City of Denton to indefinitely close a portion of Lattimore Street from the east side of North Ruddell Street east and north to the east/west portion of Lattimore Street (approximately 350 feet west of Pertain Street); NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That a portion of Lattimore Street from the east side of North Ruddell Street east and north to the east/west portion of Lattimore Street (approximately 350 feet west of Pertain Street), as more fully shown on the attached exhibit which is made a part of this ordinance for all purposes, shall be indefinitely closed as a public street or thoroughfare. • SECTION II. That the City Manager shall direct the appropriate City department to erect traffic control devices in order to imple- ment the indefinite closure of this portion of Lattimore Street. SECTION III. That this ordinance shall take effect and be in full force and effect from and after the date of its passage and • approval. • • PASSED AND APPROVED this the day of 1995. BOB CASTLEBERRY, MAYOR • a • r A~Mq MN OA ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY BY: JZA4 ~ • i PAGE 2 w w • p • AIMU ~ ABM rM al T:7i' Minutes April 1, 1995 page 9 l_rELM AB CONSIDER CLOSURE OF LATTIMORE STREET BETWEEN RUDDELL AND PERTAIN: Clark presented the request. He said this iti-, was tabled at the last meeting to allow all property owners opportunity to be present. The petitioners have owned property in this area for a long time - the Fulton's and Sanders. It was a dirt path that school children used for 20 plus years and it became a public street. When you lock at the street, it no longer accommodates the area. The letter from the petitioner explains the vandalism, parking, drinking, etc that occurs in the isolated areas. They have addressed several of these issues. The Fire Department and Police Department have been contacted and they see nothing negative in closing it. Staff is in favor of letting it go back to a private lane. Money vas in the process of being allocated to reds, :h^ street. Determination has to be made whether the at:eet was formerly dedicated. If dedicated, the owners would pay for each side. If it was never dedicated, staff will have to see if there is any compensation due the City. The road operates like a collector but existing volumes are very low. Closure of the road would route traffic down Mozingc to Atirdra or north up Pertain to Mingo Road. Those diversions would be generally minor unless development occurred, When that development occurrei, they would have to meet the subdivision regulations. Dotson said he had no prol,lem with closing the street. It would benefit in getting rid of some activity. It goes along with the police program of making the neighborhood better. This connection is no longer needed. Luce said on the map, Section A, Lattimore runs east and • west. Is this closing a cul-de-sac? Clark said no. Singleton asked for clarification on the closing. Clark said staff proposes closing Lattimore from Ruddell to the south end of Section A at the bend. The property on the east side is owned by the Sanders and Mr. Coleson, west side is the Fultons. • Luce asked if the street will be closed with a fence. Gore • t said the city could remove a portion of the road at each end and install barricades. Devine said that won't stop people. There will have to be a physical barrier. • • ~w AWAb %M ova TSC Minutes April 3, 1995 page 10 Doug Sanders, petitioner, came forward to address the commission, He resides at 1424 Lattimore which borders the 1300 block of Pertain. They are concerned about safety, trash and threats to their security Lattimore allows children to play in open fields that once grew crops He presented pictures to the commission showing trash in the fields. A tree line a'ong the 1300 block shelters the area. A month ago Pr ice arrested a man at the corner of Coleson's property whw wr:s wanted for rape. They are concerned because it's au easy area to drop people off without anyone knowing. Residents have been stalked. He has guard dogs and alarms. Working full time at Denton County, he is concerned about his families safety when he's gone. People have broken into his house several t.mes. His house vat, vandalised by paint and occasionally he has found people 1;1 his barn. Basically, the road was opened Ly the Fulton•s as a neighborly gesture to allow a short cut to the school for the children. Cars started driving it and the road got wider. There is no division in his property and h.s father'a. Mr. Tidwell's on Pertain was platted. Clark saio if the petitioners are the only owners, they can fence it singleton asked, does the Fire Department approve it? As a rule, they are against closings. Sanders said yes. The only fire hydrant is at 1400 Lattimore. There are no water lines, u ilities of any type, or drainage improvements. Captain Dctson knows the history. Tdwi- Fulton came forward to address the commission. He said when the elementary school opened, this was the only access to the school. But, it has out served it's use. Autumn Oak opens to May street. In the early teens, there was a house on the hill. It was torn down about 10 years ago, Litter and trash have tecome a problem. They want to work with the city to barricade it off. • Jim Coleson came forward to speak in opposition of the closing. He said there is no question it is a road, The City must of thought so to spend money to repair it. Safety, security, and crime prevention could be better addressed if it were lighted better and was accessed more by police, Generally, closing the road is not going to cut out crime and solve 'he problem. People will be more inclined to go back them i' it's closed, Ruddell could come over and connect at • the top. Closing LattiT~ie will cause problems in acquiring • • right-ef-way for future building. Abandonment is premature ar.,l will be limiting access. In correlation to crime, obviously the rapist was caught. Those type people will still prevail without public access. + ;,;re asked Coleson if his property was vacant and how many ~AH'EC05 A s r AW41 "a A" ftm D331r 7'f14' Minutes Apill 3, 1995 page 11 times he visited it. Coleson said it is vacant and he tr.•c to visit it occasionally. Singleton asked Coleson, if the road were closed how would you see those type individuals accessing the property? Coleson paid it will depend on how the road is closed. It still won't prohibit people from getting in. Singleton said if it's cloned to vehicles, are you saying people will still return? Coleson said it will depend on the type closure. Gore said the way you get rid of most people is to eliminate vehicle traffic. Coleson said if the police tr veled the area more frequently that would get rid of the people, Don Lovett, Real Estate Broker, came forward to address the commission. He said that he has shown the property to several people. one of the features liked is access to each side of the property area. If the Police patrolled that area, it would obviously atop a lot of problems. Lovett asked if the residents on Pertain, Autumn Oak, etc had been notified. It Will Lnrow traffic on those streets. Clark said all adjoining property owners to Lattimore street were notified March 23rd. Clark said staff neeea to determine if the road was officially dedicated. The type closure could be flexible to meet the residents needs. Sanders and Fulton own all the property along Section A. They control both sides. The volume of traffic is approximately 200/day. There are plenty of other accesses. Coleson doesn't rely on Lattimore for access. If development occurs, access can be obtained from Ruddell. The reason no developers have purchased Coleson's property may be because of the low volume of traffic. The money being set aside to pave Lattimore wasn't that much. A 2" overlay from Pertain to Audra was being proposed. It's not like it was a major improvement. Staff recommends approval to promote public safety. There are roads stubbed out all over the place that could connect e to the property. It would be a lot cleaner. Devine asked wha' would happen to the road. Clark said P E 2 and City 'ouncil will look at the land use issues and property disposition agencies too. It will take time and effort to check the legal issues. Bacon asked what the alternatives were. Clark said if the original owner never dedicated it and all legal research is in agreement, it will be abandoned by the City. Bacon asked if that wasn't the Fulton's, what happens? Clark said the road would be divided and sold to the adjacent property owners. AEEOU526 i r 1- a • u t AW41 NS. APr4 ft m oa TSC Minutes April 1, 1995 page 12 Clark said in the late so'a the law changed where cities have to sell land back at market value when abandonments occur.. Lovett asked what would happen to the road? Clark said city funds shouldn't be spent to remove it except at each end, Sanders suuanari=ed his request by saying that cutting out traffic will stop crime. He doesn't know why Mr. Coleson is ' opposing the request. He doesn't live here. there is access by way of Autumn Oak and Rudde'il. Closing Lattimore doesn't deny access or impede development. Devine said closing the road won't solve all the problems. The community working together with the Police Department is the best effort. Sanders agreed but said it is a definite deterrent, not a 100% Solution. The Police Department has heen cooperative in helping clean up the area. Ms. Fulton who recently had a stroke was in the field cleaning up trash the day Chief Cook visited. He was amazed at her efforts. .ovett asked what was going to become of the asphalt if the street was closed. This is one thing the City needs to consider. If the roadway is sold to the property owners, they don't want the asphalt. Clark rid a grader or maintainer could remove the asphalt in half a day costing $500 to $1,000. Singleton said it will go back to the property owners. Lovett said the property owner shouldn't have that expense. Devine asked if Coleson would have access to Ruddell. Clark said yes. A developer will have to develop access to the property anyway since Lattimore is not considered improved (seal coat). Luce said the issue isn't what happens. It is whether the thoroughfare is needed by the City and is it traffic worthy. This is not the end of the process. STAFF RECOMMENDED: Approval COMMISSION::RS: Luce made a motion to approve the request of closing the road from Pertain to Ruddell. Bacon seconded the O motion. Motion passed unanimously. AE600528 p • • r A0W& W APPA IMnn PR% Minutes July 12. 1995 Page 21 approximatcl} 200 feet south of tae 1-3517 service road. a. Consider a variance concerning grades at intersections. b. Consider the final plat of Phase It, bein^ 11.867 acres known as lots 16-34 and 56-68, Blxk L IAS 6-13, Block 3; Lots 1, ~ and 6-10, Block 4; as' Lots 11 and 17, Block 5. c. Consider the final plat of Phase Iff, being 11.891 acres known is lots 35-55, Block I; hots 3-5. Block 4: and Lots 2-16. Block 5. Mr. Robbins Staff recommends that these items be postponed beet use the construction plans hav not been completely corrected to the satisfaction of the city engineer. Therefore the plat is no; unprovable until that condition has been met. 'fhr:e is also a problem with the lots not closing according to the field notes. Ms. Russell Would is he advisable to postpone to our next meeting? Mr. Robbins: fes, I think that those items will probably be corrected by then. Dr. Iluey I move the postponement of the petitions related to Southridge Estates as set out in item five until our neat regular meeting. Mr Norton. I'll second. b1s, Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved, (4-0) 14 fcn n Minute break at 7:05 p.m. Reconvened .t 7,14 p.m. • Yllf. Consider the closing of L aWxaor- Street from west of Pertain to Ruddell. Mr. Salmon: Staff has taken a one nundred and eighty degree turn from the recommen- dation that was made in the backup that you received Basically what v..e are cottsidering is the closure of Lattimore Street between Ruddeli Street and Pertain. Wha, was being • proposed up to this point was that barri: ides tie installed at each end so that lrvfric would • • not he able to use the stre,x. ;;n c staff prepared this report it has been brought to our attention that hccause one of the adjacent property owners is opposed re this particular proposal the city does not hr,ve the right to close the street vvithoul some other considerations which we are not in any position to make at th;s time Staff would I ~ • 1 A • r Apph Ma Apaada flan P&,Z Minutes Oer Juls 1?, 1995 face 21 recommend that we not close l mimore at this time. Ms. Russell: Could you show me who the property owners are'? Mr. Salmon: There arc five property owners that have fror' ge on the portion of street that we are considering. All of the owners except for one are in favor of this. The one owner that is opposed owns the tract that also has access to Autumn Oak and has a narrow strip of land that goes out to Ruddcll Street and then has frontage on Lattimore. Mr. Colesnn owns that land and he is opposed to this particular petition. The remaining propei:y owners are in favor of closing the street. Because there is one person who is opposed to closing the street the city cannot close the street without compensation. Nis. Russell: Mr. Drake would you like to address that as to the legal issue of this? ,,It. Drake: Basically I think Mr. Salmon put it fairly well. The owners of the property abutting streets have a property interest in that street and therefore the city cannot close the street without the approval of all of tFe property owners. Nis, RusselL There is obviously a problem here and that is the reason that we are being asked at close the street. Maybe if we can't close it we can help them in some other way with this. Are there people here that can address this? Mr. Rohbins: I think one of the interesting aspects of this is that the request may be turned around for the city, to buy it, or that an arrangement can he worked out between all of the other landowners except the one and they tnay be able to fund it. That is the kind of petition that might work its way back through. Nis. Russell, Would any of the landowners care to speak? N1Doug Sanders: My name is Doug Sanders and I live at 1424 rattimore I am the • person that brought this forward for closure. We were not notified that the city had changed their por-ition, 'Phis has been recommended by the police department and the fire department. It is a safety ha; and and a health hazard. We have had people break into our houses and they continue to try, to break in. Because this area is so isolated reople park out there and sell drugs and the police will verify this. Chief Cook from the fire department came and looked at it. When I first met with him he was unposed to closing ' • any city street. but after coming out he agreed that it would lie a good io:a and wrote a • • letter to that effect The person that is opposing the closing only has a small portion, Mr. Fulton, my dad and myself own the land from the 1300 block of Lattimore all the way over to Pertain. We are all in agreement. Mr. Coleson lives out of [own and does not live on his property, tic has not developed that property. My dad has asked him more than e s:r • ,I i~«+aav m~ P&7. Minutes Ddi July 12, 1995 Page 23 once to mow it because it has posed a fire hazard to our property. Ile has also been cited by the city for failure to maintain his property. Mr. Coleson does not care. We have tried to talk to him and he wi'f not talk with us. I have pictures that show what type of road that we are talking about As far as the city purchasing this land, or compensation, this road was a road of encroachment. Mrs. Fulton opened that road years ago and it originally was a pathway for children to walk to school. Since then there have been additional roads opened that surround this particular area that present a much safer route for children. Mrs. Fulton never gave up her right and the property was never deeded to the city. Technically the land belongs to the Fulton's. Mrs. Fulton allowed them to put utility poles up there. Mr. Coleson's idea for cunt; ";vg the problem up there is for the police department to patrol more eften. it is not I"s.ble. Safety and community improvement is a shared responsibil it), of those that live here and we cannot just burden certain government entities. There is a problem here and we have brought the problem forward to get it resolved. We have had the full support of everyone. If we had known that the city had changed their position we could have brought forward a different solution. Until we can address the issue of whether or not Mr. Coleson has any say over that land that actually belongs to Mrs. Fulton, I would recommend closing it from the 1300 Lattimore all the way over to Pertain There are no utilities there and the street cannot be widened without taking out our whole line of trees. There is no drainage there and what they call pavement is actually black tar about an inch thick. When it floods all of the water washes onto our property and Mr. Fulton's property along with the trash. If you were to drive by there now it would disgust you, especially Mr. Coleson's property. They have tried to put up cables to keep people out of there. It has been approximately one month since one car came speeding around the corner and took out about fifteen feet of Mr. Fulton's fence. The person fled after the accident because he was wanted by the police. The police also told me that in the area that we are trying to get closed they recovered eleven stolen cars in one month's t ime We have security alarms and guard dogs to protect our property and we still \ can't stop the access. 1 I Ms. Russell: Have you talked to him about whether this is a street? Obviously we need • to do something. Mr. Salmon: The street has been there long enough that it is considered a prescriptive right-of-way and the public has the right to use that street even though it has never been dedicated. That is what gives us the legal responsibility to leave it in place if anyone has the need for it or wants it there. Sir Coleson has the right to use it as access and we can't • legally take that away from him without his consent or paying him consideration for that. • r There may he a way to restructure the petition and only close a portion of it. The petition J as it stands cannot be approved legally without sonic kind of consideration for Mr. Coleson, • O • 0 r' ~ y. P&Z Minutes July 1:. 1995 Page 24 Ms Russell That is not his only access to his properly? Mr. Salmon: He actually does have access on both ends of his property but that doesn't change the fact that we would still be taking something from him that he does have, Mr. Drake: I was under the assumption that this was a dedicated and accepted street. If this is a prescriptive easement then it may change things. I would like a chance to look into that. Mr. Edmond Fulton: My name is Edmond Fulton and I live on Greenwood Street but 1 was raised right there and still own the property. That street was opened around 1954 or 1955. It was opened to have access to Jefferson Davis School. We opened it up as a walkway. It was never made for vehicle access, but that is what it has turned into. We now have a lot of other ways of access. We started having problems when tae house that was there was torn down I don't know what we need to do. We thought we had a solution Sir. Coleson hasn't owned that property very long, We have been there for fifty to sixty years. Nis. Russell: Perhaps Mr. Drake can research the prescriptive easement and he might have a solution. Mr, Drake: I apologize because I learned about this yesterday and that is the reason you did not receive any notice, Ordinarily the rule is that where you have a dedicated public street the city may not :lose or abandon its interests without the consent of all the abutting property owners. And in fact an abutting property owner who disagrees with the closure of the street can bring an injunction. This being a prrscriptive easement may very well change the situation. 1 Isis. Russell: One of the things that you might check on 1 would guess that maybe his objection is that if he is going to develop the properly then he wants all of the access that • he can gain to make it easier for his design. 1 would think that if this property was developed then you wouldn't be having the problems that you are having out there now. Mr. Fulton; We have a problem " we are looking for a solution. Mr. Sanders; This is not a street and to make it a street you would take out our tree line. • We have a constant problem and if you can at least close it from the 1300 block of 0 I.auimore to Pertain that would help us. Mr Fulton It used to be called Nettie Street, p y+ • p • AW* Ib Agaada bm P&7. Minutes Dua July 12, 1995 Page 25 Nis. Russell If we can give Mr. Drake time to research this to see what he can come up with. Also if it can be temporarily closed until the land is developed. Mr. Salmon: If there is not a difference we can look at a partial closure. Staff is not opposed to closing the street we just came across this obstacle that we were not prepared to deal with. Dr. Huey: Are you saying that we cannot close this? Mr. Drake: There is a provision in the Texas Civil Practice and Remedies Code which gives these abutting property owners the right to seek an injunction against the city and ordinarily the only way to close it without their consent is to give them compensation, or through condemnation. Dr. Huey: I was just looking at these minutes of the TSC (Traffic Safety Commission) from April 3rd and Mr. Coleson's statements on page 60. Ms. Russell: Perhaps we could also help with some communication with Mr. Coleson regarding his intent and what the problems are there. Mr. Sanders: In the meantime what if we closed this from the 1300 block of Lattimore? Mr. Drake: I don't want to impede this process, I would like to have a little bit more time to look into this. Nis. Russell: When would be a good time to look into this again? ` Mr. Drake: The next meeting would give me time to look into this. 1 Dr. Huey: I move that we return this petition to the staff with a request that the nature of • easement in relation to the closure be studied and that a new report with recommendations be brought to the Commission at the next meeting. i Mr. Norton: I'll second that. Nis. Russeli: Any discussion? All in favor please raise your right hand. Opposed same • sign. Approved. (4-0) • . VI, Consider the final plat of ACI Addition, located on the northeast corner of Meadow an I- 3 5E, and r-misting of 5.2346 acres, • p • r App Na App Rom P & Z Minutes July 26, tt•~E. Pape '[8 Opposed same sign. Motion passes (6-0). VI. Consider the closing of Lattimore Street from west of Pertain to Ruddeli. Ms. Russel[ Mr. Salmon would you bring everyone up to speed on what we f talked about last time? Mr. Salmon: Madam Chair and members of the Commission, at our last meeting, we considered the closure of Lattimore Street all the way from just west of Pertain Street all the way over to Ruddell Street. Shortly before the meeting last time. we discovered that if we did not have the consent of all the adjacent property owners that we could be putting ourselves in a difficult position in closing the road. Basically Mr. Coleson, who owns this property down here. was objecting to the road closure which at that point was being proposed from this point all the way over to this point (showed from Pertain to Ruddell). It has been determined that in order to close the entire road with Mr. Coleson being in oppvwtion, the city would have to pay him consideration for his loss of access and street frontage. Then at the meeting a question came up as to whether it made a difference if the right-of-way was prescriptive right- of-way or dedicated right-of-way. In this aase the right-of-way is prescriptive. At that time, the Planning and Zoning Commission decided to table the item to this meeting or postponed the item to this meeting so that our Legal Department could make a determination as to whether that made a difference, whether it was prescriptive or dedicated. Since that time our Legal Department has determined that it does make no difference whether the right-of-way is prescriptive or dedicated and so what staff Is proposing at this time is that we only close the section of Lattimore Street that is shown in black on the transparency and that we leave it open along Mr. Coleson's frontage. To bring everyone up to speed. this was originally requested by the Sanders. Apparently there's quite a problem back in this area of people going there at night and depositing debris and trash Apparently there has been some • criminal activity in the area and the Sanders as well as the Fultons believe that if they could close this road off and then have a gate - Toss it, it might stop some of the traffic that goes through there. Some of the undesirable elements that have been happening. So that's how we've gotten to this point. So at this l point in time staff will recommend that we do close, not abandon. but just close Lattimore Street in the area shown in black on the transparency and I'll be glad • to answer any questions you might have. I believe some of the residents are • • also here this evening in case you might be interested in hearing some of their comments again Ms. Flemming: What about emergency vehicles? How will they get access to j • 0 • 0 • Awdiw. AgWili"Im P & Z Mir utes tin July 26, 11c+!! Paoe 2G houses? Mr. Salmon Right now this property, the R. Sanders; property, does have a piece or a thumb that sticks up here to this portion of Lattimore. There's also going to be sort of a "T" turnaround left, at the end, so that if an emergency ver icle or some other vehicle had to come down here, they would be able to pull in, back up and go back out again without backing all the way down the street. Frankly, coming from Ruddell Street, someone may have to back up but the only property that this serves is M, . Coleson's. The other property, the Fulton property, has access all the way along Ruddell Street and really doesn't need to have that access back there. Mr. Coleson also has access to his property from the other side. It's not very likely that your going to have an emergency or delivery vehicle going down that street. Ms. Russell: That's a very narrow street and it is not at all well maintained and the turns are extremely sharp that someone would have to proceed with great caution on that street. Mr. Salmon: We certainly were not opposed to closing the entire street. It's just that we aren't prepared to give Mr. Coleson any monetary consideration at this point for the loss of his frontage and so for the mean time we're proposing to do this. Ms. Russell Mr. Drake, may I ask you, the difference in closing the street and if at some future date, would there be any problem with opening it up again? Mr. Drake: No, it's very simple. You just reopen it. I know that's one of the questions that was addressed by the prior Commission was whether or not we could have a temporary closing pending development and, in essence, that's 1 what we're doing No closing is ever permanent. We don't lose our rights to the road. If the city, some time in the future, feels that it's appropriate to invest • CIP funds to reopen it or if somebody buys a portion of the Fulton or Sanders or Coleson tracts and decides to subdivide it and improve the streets, they certainly could do that. Mr. Moreno Have you visited with Chief Jez about this situation? What was his response? • a Mr. Salmon: He is in favor of this as well es the Fire Department. • J Ms. Schertz: Could you describe the gate that your talking I read the minutes of the Transportation Committee and the discussion of how it would be • I o • AW41 Na A" flan P & Z Minutes We Julv 26, *f5 PaC16 U, closed and would it really work and you mention a gate. I just wondered, is the city going to provide a gate or are these homeowners going to provide a gate or what is the barricade that is proposed or is it just kind of up in the air? Mr. Salmon I believe that property owners that are involved will be installing some sort of a fence or a gate type of structure. Mr. Moreno: Would Mr. Coleson have any recourse against the city if only that section of the street were closed? Mr. Drake Maybe what I should do is highlight where we are as far as . Section 65 015 (Civil Practice and Remedies Code) gives a private cause of action to abutting homeowners for the closing of a street. It is an injunctive relief and there are a couple of cases that construe that coming out of the Texas Supreme Court. My reading of the cases are that, first of all the right is to the extent that they are abutting R. In other words, if I own a house on Smith Street and Smith Street goes two miles away from my house, the fact that the city wants to close some portion of Smith Street on down the road, which does not materially and substantially impair my right of access, I really don't have any right to complain about it. But, if the road does abut my property then I've got some rights I've got the underlying easement to that street. There could be a I guess to the extent that somebody might find that Mr. Coleson's access is materially and substantially impaired by the closing, that's a possibility although I don't know that it's a particularly strong possibility. There is still the portion of Lattimore that extends to Ruddell Street, There is direct frontage to Mr. Coleson's property on Ruddell Street and there is direct access along the frontage of Autumn Oak Street. As far as saying whether or not there is , possibility of a challenge, I don't know. I think it's h'ghly unlikely that any, ody would find anything such as that. Besides, I don't believe there would be . ,.y kind of standing to bring an action under 65.015 as to the portion that does not abut his property. Mr. Moreno: Does Mr. Coleson have any structures on that property? Ms. Russell. I have a card here that Mr. Coloson would like to speak, would we like to hear from him at this time? • Mr. Coleson: My names is Jim Coleson, P.O. Box 519 Lake Dallas Texas. I • • am the owner of the property Originally I was told that staff was recommending against the closure. I have been told that 200 cars a day are using the road. An overlay was planned for the area though the plans were stopped aher this closure became an issue. There is not a question that there 1 I • • April OW April rum Do P & Z MinutEs July 2b. 1W. Paob 31 a need for some control of the individuals coming in the area. I believe with .re community policing in the area that it would improvs. There is a fence line and a tree line along the road and the road is very narrow. The second issue that I have against closure of the street is on a more personal level. Developers are looking at the property at the use of the roads greatly increase my chances of selling the property. Closing roads do not prevent crime. The general rule on any easement is that if you don't use it your going to lose it. The city cannot abandon that easement. Ms Russell. Mr. Drake, could you talk to us about this further? Mr. Drake: The Commission may want to retire into closed session to do this. Ms. Russell: Is it possible that the street could be temporarily closed or would the easement be lost if it is not used? Mn Drake: There is a difference between closing the street and abandoning the easement. If the City chooses to close the street, the city could always reopen the street at a later date. Abandoning the easement would not be an option if the city felt that it may be reopened at a later date. Ms. Russell: We have people that live there that are having a problem. Is there a problem in opening it in the future? Mr. Drake: That would be an option that the city could take. The road currently does not meet city standards and further easements would probably be needed to bring the street up to city standards. Wth the additional easement the city could repair the road and reopen it. Mr. Jones: The Sanders are concerned about debris and safety. I don't see how closing it off giver them less debris and safety. • Nis Flemming I'm concerned about the number of cars each day. Is that an accurate number of 200? Mr. Coleson The majority of the traffic is local traffic. That amount has been mentioned before. Ms. Schertz Show me your property on the map and show me all of your access points to your property. i Mr Powell Mr Coleson made a lot of points like any good attorney will but • a • AW6 Na Apabe lam P & Z Mir uti;s Dee - July 26, tc,c11 Pane 's2 the only one that hit me the hardest was the fact that Traffic Safety people had it before then and they said that it was okay if the whole thing was closed down from a traffic and a safety point of view, I guess. We're not looking at the whole thing down. We're only looking at part of it. It seems to me that it should go back to them and if they say yes from a traffic point of viaw and a safety point of view it still works, okay. Then I think it makes sense for us to eeen look at it but for them to look at it one way and us to look at it another wa!, it just doesn't jive with me Mr. Salmon: I believe the Commission has that authority to send something back to Traffic Safety Commission if they feel it's significantly different. It's very often on items, whether they be development related items or whatever, sometimes differ by the time they get from one board to another board or from this board to Council. Sometimes the Council votes on something that is slightly different then what was presented to the Planning and Zoning Commission, That's a fairly common thing if it's something that's not important or is relatively small but you certainly have the authority to send it back to Traffic Safety Commission if you do feel that this particular scenario is significantly different then what we were looking at before and we'd be glad to do that if that's what you'd like us to do, Mr. Powell: I would think that it wuvld be significantly different because in one case we were going to close the whole road off, street to street. Then In the other case we're only going to close some of rt off where it's going to stop at a dead end and if we're doing it for safety reasons, surely we don't want a dead end there. I'm prepared to move that v<~ send it back if that's the proper thing to do at this time. Again I'm showing my ignorance now but I'm not sure that that's the thing to do but if it is I would like to move then. Ms. Flemming: I agree with Mr. Powell because I think we do have some safety issues to be concerned about and that's emergency personnel • Ms. Russell: Excuse me. There is a motion on the floor, we still have some citizens that would like to speak but there is a motion on the floor. Is there a second? Ms. Flemming: I'll second it. • • 0 Ms Russell: We're going to discuss now and I believe that we have some other people involved that would like to speak to this. Ms. Schertz: Can I ask Mr. Salmon one more question please. It was implied j y • _ A f I Ap Wi No. Aanda ntm P & Z Minutes I>m July 26, 169°. Fapes3 to us that there was a traffic count on this street Was there in fact a recent traffic count or was in fact the number that he polled something that had been done some time ago? i Mr. Salmon: I don't know when the traffic count was done. Some instances we run new traffic counts and we also do have a traffic count map and I don't know whether that figure came from our traffic count map or whether they made a specific count for this purpose. Ms. Schertz: Okay, but the figure Mr. Coleson is using is one that staff provided to him during some discussion? Mr. Salmon: It is but I don't know if it's an old count that we pulled off of a map or whether it's a current count. Ms. Schertz: That's fine. I'll take that under consideration. Thank you. Ms. Russell: Tell me about the overlay of the street. That wasn't brought out last time. Mr. Salmon: Our Street Department was going to apply an overlay on this street, and there was some money budgeted for that. We were going to do it ourselves, there was no request for it or anything of that nature. It was just part of normal maintenance in realizing that the street needed maintenance. When the neighbors brought this issue to our attention and we thought there was a possibility it may be closed we put it on hold pending the outcome. We would simply use the money for something else, sume different street paving pFo!ect if this were closed, Mr. Moreno: When your talking about overlay, your not talking about putting in storm sewers and drainage systems and things like that? Mr. Salmon No, probably a 1 112 to 2 inch thick overlay of the existing 1 pavement. 1 Mr. Moreno: And that would be a hot mix or a cold mix? • Mr. Salmon Hot mix. ' Mr. Moreno: How wide would that be? Would that conform to city codes? Would it have curb and gutter or what? Pit r c . • 0 • AprAl WO Apmft tGm P & 2 Minutia Do July GL. 1E+` Paci 34 Mr. Salmon: No. The road right now is probably about fifteen feet wide and we probably would keep it approximately the same width maybe try to even out the edges some, maybe a foot or two wider than it is now but it would still be a substandard road. It would just be more of a maintenance issue. Mr Powell Madam Chairman it was not my intent with the motion to put the Sanders people at a disadvantage and if I haven't done that fine If I have then maybe I want to withdraw the motion. I mean I'd still like to hear from them but if I put them at some sort of a legal disadvantage I didn't intend that. Ms Russell: I'm told that the cleanest way to handle this would be to allow you to withdraw your motion at this time so that we might take further testimony Mr Powel[ I will withdraw my motion. Ms Flemming I withdraw my second. Ms. Russell, Please give your name and address, Doug Sanders: Hi, I'm Doug Sanders and I live at 1424 Lattimore here in Denton. I'm the property owner for the north corner of Lattimore. One of the first things that I'd like to address and then get back to the squares of the issues. When your talking about what the Traffic Safety Commission approved and being different than what your looking at right now, I'd ask that you look at the spirit of the approval. What it is meant to accomplish. I realize that it was going from Ruddell to Pertain. Since then we had a meeting over in Engineering and Planning Mr. Coleson was invited to that. He chose not to 1 show up for that as well. This started out more of a safety issue. As far as closing it off, it is because of the type of traffic that comes through there and at the speeds that they come through. Because of the lay of the land and as • isolated as it is that is what causes the problems. Mr. Coleson's place, in one month's time, eleven stolen cars were recovered from there. They find syringr, here as well as drug paraphernalia The Police Department will tell you that 1~ cy know that this is a known area for supplying drugs and alcohol to minors My father and I cannot even be a part of a neighborhood watch program because we are so isolated with the treeline along Lattimore. • These are full mature trees. You can't widen the street a foot without takina • O the treeline completely out They park along that edge. They drink. They do their drugs. They have full access and full view to our property. Everything goes on back there because of the way it is. Forcing undesireables out is the only option There is a lot of people at risk here It's a street by • 0 • 0 • r f A" Rem F & Z Minutes July 26, 16P6 Face 35 encroachment, not design. Mr. Coleson talks about development but we have developed our place Ms. Schertz: How long have you and your father been on the property? Mr. Sanders Since 1966. Ms. Schertz: When you purchased your property Lattimore was in place? Or what appeared to be a street? Mr. Sanders: It used to be called Texas Street Up to and off of Ruddell to ` the Coleson property. What it was known to everyone as was called the pig I trail. It was a dirt road. They came through and put down some gravel and blacktop. There is low income housing on two sides of us. That was not meant to be unneighborly Ms. Schertz Where did you say the treeline was? All along Lattimore on the east side? Mr. Sanders: Yes. Ms. Schertz All the way along Lattimore? Mr. Sanders: Yes, along the Sanders' property. Ms. Schertz If you put a gate at both ends, are there fences ftit you're going to connect to the gates so that the traffic and people can stay off? Mr. Sanders: The actual design or specifics of the gate have not been addressed. Mr Fulton said he would supply the gates and that they would be of a design that would be comparable to what the city would require and it • would connect to a fence or a post. Based on the outlay of the land, the terrain is steep and vehicles could not get around the gate without rolling the car. Mr. Powell How will the fire truck get to your dad's house? I • Mr. Sanders The truck would have access thrOUgh the driveway adjacent to • • my property In addition, the gate at the northern end of Lattimore could be opened and closed by the residents or closed at night and opened during the day 0 c, r 0 • P • Awh hem Oep F & Z Mir i,• b JUIV 26, 1~+! Face 36 Mr. Jones: On the southend, it's been my experience in other situations that if it's secluded, they'll hide there. Whether they've got access to come out of there or not. Dead end lanes are notorious for criminal activity. This is going to be a dead end lane. It appears to me that you not solve ig your debris and safety problems by having a dead end at your property. i Mr. Sanders: It's already isolated. They are already there. These elements that we are talking about are already there. By closing that road, as I see it, that would make it more undesirable. These people do not want to be trapped in there. If the cops come in, they want to be able to get out Mr. Jones: But what your saying is that the cops never come in either way at the present time. Mr. Sanders: 1':e see a patrol car there once in a while. Lieutenant Summers has been the one who has bent over backwards to help with crime prevention in that area but even he has stated that it's real limited as to what they can do. Mr. Jones: My concern is that you had said there were eleven cars recovered. They'll come in off of Ruddell and they'll still dump those eleven cars there and take off through your property to go out a different direction then when they came in. I understand what your saying about trying to keep them from going through there but it seems to me that it increases the likelihood that they will come in there because it's a deadend, because it's isolated even more so that it may put you more vulnerable and obviously that's an opinion. What happens if, three months from now, we close the road and the problem doubles. What your trying to stop increases because of the isolation? What are you going to ask of us then? Mr Sanders: I find it difficult to answer that question because I can't picture that scenario that your giving me. I really don't see how you can double we're talking about limiting and actually cutting off part of the access. By making that an undesirable location to park your car and do drugs and party. Nobody wants to be boxed in. Mr Jones: Can they drive onto Coleson's property off of Lattimore? • Mr. Sanders: If they cut the cable or if you drive onto the strip off of Ruddell • • Street / Mr Jones Is there some kind of blockage on Black Oak or whatever that is? j • O • i f ~ AQN147 N0. Agendt Ium F 8 Z MiriutEs July 26, 1~5c flu Paa6 37 Mr Sanders. You do have full access from both of those roads also. Ms. Schertz: Is there a fence on the southern portion of the property where your dad's home is? Mr. Sanders: Yes, all the way around except for the road frontage on Lattimore where the treeline is. Ms. Russell: Any other questions? Is there anyone else that would care to speak? Please state your name and address. Raban Sanders: I'm Raban Sanders. I live at 1300 Lattimore. I just want to say that if anybody is going to be inconvenienced by this it would be me because I'm going to have to move my mailbox and garbage collection, I'm willing to do that to avoid this scenario that goes on all the time. After dark, it gets really bad. The majority of the traffic is the city trucks. Ms. Schertz: Who came up with the idea to close the street? This is highly unusual and I know this is an unusual situation. Mr. Sanders: My son's idea. Initially my wife and I built the house that he now lives in 1967. We lived there for five or six years and then we moved to the back property and built another one. The area has been deteriorating for about the last twelve years. Mr. Powell: I went back and read the approval again and it said "Luce made a motion to approve the request of closing the road from Pertain to Ruddell." If I read that correctly that would mean that they would have closed the road in front of Mr. Doug Sanders house. Mr. Salmon: That's correct, 1 think originally that was . • Mr. Powell: Excuse me, and those other two lots between the thumb and Pertain. Mr. Salmon: Right and for obvious technical reasons you can't do that because there are other property owners and so that's why, by the time it • came to the Planning and Zoning Commission two weeks ago, we had already • • deleted that portion there at the top. Mr. Powell: Do you think that when they made the motion it was just a mistake or they meant to close that at that time? jj I K • 1 a • P & Z MirwtES r ahem JUIV 26, 1~E` OMB Pape 38 Mr. Salmon I wasn't at that meeting but staff wouldn't have agreed to that because of the property owners involved. Mr. Powell. Second question. I suppose it's a legal question. Who owns the land under the asphalt? Mr. Drake The abutting property owners. They own to the center of the street Mr. Powell So Mr. Coleson owns to the center of the street? Mr. Drake Yes, only that portion that is in front of his property. Ms. Schertz: The property owners own it and they want it closed Mr. Salmon: The city only has a right to use it as a road because it has been there for so many years and the public has been using it but the city does not own any right to it other than the use. Mr. Powell: So it's never been dedicated to the city even though the city has maintained it and made a asphalt road out of it from the "pig trail" it became an asphalt street or road or whatever due to the city's efforts? Mr Salmon That's correct. The road was opened for various reasons and people just started using it and after a period of so many years it becomes what is called prescriptive right-of-way and then from that point on the public does have the right to use it as a road but it is not actually dedicated for a street. Mr. Powell: Thank you very much. That has been real helpful for me. • Ms. Schertz: A lot of reference has been made to what the police recommendations have been, did staff at any time visit with Mr. Jez or what is the status on that because it would have been helpful for me if his report could have begin included in our minutes and it said "we're very familiar with the property and we are behind this. We have considered other options and this is, although not completely 100% okay, the best option". That would have • helped me make a decision ' • • Mr. Salmon: Right, that may have been lacking in our part that we didn't include that written correspondence in the backup. i O I 0 i. AQMd~ thfll P & Z Minutes p~ July 26, 1SE` Pace 35 Ms. Schertz: But there was such an animal? Mr. Salmon: Right, this particular item was taken to the Development Review Committee probably a month or month and a half ago and we have written comments from all the appropriate departments at that time. Ms. Schertz: Because the Fultons are not here I'm assuming that they are behind this 100 percent Mr. Salmon That's correct. Ms. Schertz l hat has been communicated to you? Mr non That has been communicated to staff. Ms. Russell: Commissioner Schertz. he was here and spoke at the last meeting when you had to be absent. Ms. Schertz: Okay, thank you for reminding me. Mr. Jones: Who is Devine? Mr. Salmon Kathy Devine. She is one of the Traffic Safety Commissioners. Mr. Jones: From our reading here it doesn't sound like she's necessarily for closing that street. I'd like to see what the Police Department had to say about this as well and that's not in the minutes. Could we get a copy of that or what did they say? Mr. Salmon: Basically they said that they were not opposed to the closing of the road • Mr. Jonas: Did they say that from a traffic safety standpoint or did they say that from a crime standpoint? Mr. Salmon. Well. I can only assume that they were addressing any concern that they might have. When the police department writes a letter or a memo 0 saying that they are not concerned with closing a road, I would hope that they 0 would be taking everything into account. According to the minutes. Dotson, who is a Police Captain who sits on the Traffic Safety Commission, said he had no problem with closing the street. "it would benefit with getting rid of some activity. It goes along with the police program of making the 0 0 a • - ci • Ai N& Ag" Item P & Z Minutes July 26. ls+F Paoli 4G neighborhood better. This connection is no longer needed." Mr Powell Madam Chairman, Mr. Cob-.son is about to jump off the edge of his chair. I'd like to give him another short shot if that's what he is after, If it's okay with the rest of the Commission Mr. Coleson: Just real briefly, I think it's important to note that at the time this was at Traffic and Safety and at the time Development Review considered it, they were looking at closing the entire section of Lattimore, from Pertain to Ruddell. I think it's significantly different when your leaving this area a dead end than what the police department had a look at before as far as whether that is going to increase crime or decrease crime and what the significance of that might be. The second thing is that I understand that this is a real emotional issue, I hope the Commission doesn't have the opinion that I'm a cold heartless landowner wanting to make a quick buck. I certainly can appreciate the concerns Mr. Sanders has about crime in that area and certainly am prepared to do whatever we can do to help eliminate or reduce that crime in the area. Part of it is the nature of the environment down there. I would be glad to try and look at something. My problem with it is that I don't see that closing a portion of the road is going to solve that problem. I'd be glad to engage in any discussion. I've tried to be here and be involved. I do apologize for not being here last time. Mr. Powell: I'm going to open up another can of worms and I'm : ut I'd like to see this problem solved. I'm a law enforcement professiona tao and understand the situation. Would you (directed to Mr. Coleson) consider putting a gate at your road where it hits Ruddell until your property was developed? ` Mr. Coleson That's a possibility and we haven't talked about doing something 1 along that line with trying to control the access through there. It may be something that would work and it may be something worth looking at, I e haven't really thought about it in any detail but offhand I can't say that I'm totally opposed to something like that. Mr. Powell: Let's just assume it was a conditional closing and this may not be legal and I may be jumping way off where I shouldn't be but we're trying to solve a problem and if you can't get on the blankety blank road, you can't do • anything wrong on it. And if the Sanders closed 4 up at their end and you • J closed it at the other end conditional to development, cause I know you want to develop it and I think that's great, I pay taxes here. Then we would be solving the problem and we wouldn't be hurting you, in theory, because you could still develop the land and then use the road later. I hope I haven't i • a • AP* No, APPda Isom P & Z Minulrs D- July rF6, 14+6 Paoli 41 caused problems here I'm trying to help. Mr. Coleson There might be some proposal as far as limited access through there that might work. I don't think closing it completely is the answer. Mr. Powell- That's why I said a gate that would be there until you develop. Mr. Coleson Sure, that might be something that could be worked out. Mr Jones: Well, following up on that, is it possible that with the blessing of the city since it is their road, that it could be done where we just give these two landowners the permission to seal those entrances off? Mr Drake: With the permission of all the abutting landowners the city could close the road The one thing that you might want to consider and what the abutting landowners might want to consider as well is if the abutting landowners wanted to give the city an actual written right-of-way easement to Lattimore with the closing That way it would be something a little bit wide so that you wouldn't be limited to a fifteen foot width. There is going to be some benefit along with that to the city and maybe David could speak to what the conditions the city would be willing to reopen or what have you but that would certainly be something that I think would strengthen the probability that Lattimore might be reopened in the future if it's ever developed, Mr. Coleson: I would expect that the city would require that the dedication be made prior to reopening it. Ms. Russel[. I guess what I'm not understanding is that we're doing somewhat of a balancing act. We have citizens that are having a serious problem and we have an investor that has a nice piece of land that in all likelihood will • develop, which will do away with there problem. What we had before us the first time was to close that street, not closing so that it could never be opened again but if we close that street and when that land develops, they no longer have a problem and can't we just open it? We want to solve a problem without harming another person that has an interest In that area. I'm not really understanding your opposition because if you were to sell that land tomorrow , • and it would come to us for development I for one that would probably be in • • favor of opening that up again. All we're trying to do is solve their problem right now and not hamstring you on having access. Explain it to me. Mr Coleson Where the problem would get to be as I understand I • 1 a • r AW48 No. Arms Rem P & Z Mil utes July 26, 1FE` PaoE 42 everything that has happened before this time, it was looking at total closing and abandonment of that roadway Ms. Russell, Just closing, no abandonment. Abandonment was never used. Mr Coleson: Traffic & Safety were talking about abandonment. Ms. Russell: We didn't talk about it here. Mr. Colesow But when I was at Traffic & Safety that's what was talked about. That's not the same thing that is being presented at this point in time, as I understand it I think there is still potentially an issue that even if we had a temporary closing of Lattimore, we may lose the easement. Mr. Drake: There is a prescriptive right of way by virtue of easement That would certainly be one way of developing the property in the future Mr. Powell My understanding is that there are four people involved, Mrs. Fulton, represented by her son, Mr. Doug Sanders and Mr. R. Sanders and Mr. Coleson. There's five if you count the city's interest. Seemingly, a piece of paper could be developed. A legal document that would cure it all in one legal document that would say "their going to dedicate, and I'll use the word twenty feet easement because I don't know any better, everybody agrees including the city, that if it is developed, it will be opened again." Is that not possible? Mr. Drake The conditional aspect is the only thing that I'm not aware of. As far as the dedication is concerned, dedications without development happen all the time. When someone prepares a plat they dedicate the streets and alleys to the City of Denton. That doesn't mean that the subdivision will ever be built. That doesn't mean that somebody has the right to drive down there. A • dedication is not encumbent upon the city until the dedication is accepted by the city. If there were such a grant of an easement to the city then the city i would not necessarily have to accept it as a roadway at this time. I think what the problem is and I think that David eluded to this at the last meeting and possibly at this meeting also is that the city doesn't have any funds budgeted for any kind of improvements at this time. We can't afford to be buying right of • way. We can't afford to be paving streets. We can't afford to be doing • • anything else at this point in time. If all of the landowners around there are truly sincere about solving this problem, including the Fultons, the Sanders, and Mr. Coleson it certainly doesn't seem like ,k's going to be any mast of skin of anybody's nose to dedicate right of way which is already there. As far • f • i AW& Ke. Allende Rem_ Da" F & Z Minutes July 26. 1 W, Pace 43 as putting down the specific conditions in a specific fashion, I'm not really prepared to address that at this time. If this is something that the property owners and the city wants to do then we need to have some kind of mechanism where the city would be granted this right of way otherwise I can't imagine that there would be any assurance that the city would ever reopen the road. Ms. Russell. So if we were tonight to decide to close it, there would be a possibility that it could not be opened again just in an action that we would take tonight? Is that what your saying to us? Mr. Drake: Somebody may decide not to open k. We have a number of people on this board that are being called upon to make a decision of whether or not to close it. Somebody is going to have to make a decision in the future of whether or not to open it. The Commission tonight cannot lock the hands and feet of people in the future. Ms. Russell: 3 think we understand that but I guess my question to you is that if it's not used is there anything I understand that it would come back and there would be other people sitting in these chairs that we could not lock but is there legally if it is not used for a period of time does that constitute abandonment? Is there some legal issue that would prevent people sitting in these chairs from making such a decision? Mr. Drake: I didn't research that issue specifically of abandonment of an easement. As I understand it the city's rights to a prescriptive easement are more or less equivalent to a dedicated grant and the main issue is that with a dedicated grant you'd have a little bit wider right of way. You'd have some freedom to enlarge or what have you within the confines of the right of way. A prescriptive easement the width of the road is what the width of the road is and what is prescriptively granted to the public as a right of way is what is actually • used but no I haven't done any particular research on abandonment. I know the general rule that Mr. Coleson refers to and I guess what I'm suggesting is that if there were an actual granting of a right of way to the city, that would alleviate that concern. Mr. Raban Sanders: There are power lines all around the area. They have • easements to get to these powerlines The city will not be closed off from 0 0 Lattimore. If a gate is there the city would have a key. I Ms. Russell. Easements and right of ways are different. • i r AQW1 lum P & Z Minutes can July 26, 1565 Pape 44 Mr. Drake: They're different but they are the same at the same time. The problem is I know that Mr. Sanders had made reference to a number of easements that are granted to the city. i don't know the character of the easements that were granted, He was mentioning power lines. Conceivably the easement that's granted for power lines could be as narrow as an electric utility easement or a transmission easement. Just because the city has an easement to transmit electricity over a piece of land does not mean that the city has the authority to open it up to the public at large to travel over that easement. The city has the authority to use the easement for the purpose granted and to maintain the easement for the purpose granted. There are electrical transmission easements, there are electrical service easements, there are general utility easements which are even broader which would allow the city to move water and sewage over. Certainly the very broadest is right of way. If the city is granted a right of way, the city could locate virtually anything in that area and typically when a street is dedicated to the city, it's dedicated as right of way so that the city would be allowed to located water and sewer lines under the street and the like. Ms. Schertr The comments that I would like to make is I'm prepared to make a motion. I think that this has been discussed thoroughly and before I do I'd just like to make a couple of comments that might help affect the decision of the motion. This is difficult because as Chairman Russell has Indicated Mr. Coleson wants future development and it's unfair to block his street off but we are also extremely sympathetic with the Sanders and the Fultons over the safety issue. A suggestion has been made tut in order for anything to be acted on that suggestion it would have to have the parties be able to sit down and have a discussion. From body language that I've seen out in the audience tonight I'm not sure that could happen and so I would like to ask Mr. Coleson 1 that if the motion was tonight to table until the next PU meeting (two weeks from tonight), and give the parties an opportunity to work with the city and reach an agreement to what we've discussed about that because this has been . going on for four or five years I'm asking the Sanders and the Fultons to give us two mr,re weeks to see if an agreement can be worked out and In order for the motion to work, Mr. Coleson, I would need to ask you 9 that would be agreeable to you? Mr. Coleson did not approach the microphone so he was inaudible. r. Ms. Schertz: And both the Sanders, if in fact he is agreeable to sitting down and working and I would anticipate that it would involve staff contacting the two parties and the Fultons and staff having a meeting here and working and have one more question before I make my motion, who pays for the legal • I p • A90h No. P 8 Z Minutes July 26. 1~~6 Pace 46 document? Is this a burden that would be upon the property owners or 1 because it benefits the safety issue the city? Are we not talking about a big deal? I just need some input on that because that's an issue Mr. Drake: I tnink that some of the things that have been suggested could possibly could involve a lot of research. Some of these issues involving conditional grantings and the like could be very complicated and could involve a lot of research or it could be very simple. As far as Securing right of way from the landowners, if that's what's ultimately done, thats a relatively easy thing as I understand it. Mr. Salmon. Writing up a right of way document or an easement document for this would be relatively simple. We would just do it ourselves. Ms. Schertz: I just want to communicate that it was my intent. My intent would not be for anyone to incur any additional expenses My intent would be to keep it very simple. My intent is to solve both of your situations. With both parties agreeing to sit down and get together and the Commissioners giving staff this direction, I would like to make a motion that we table it for a two week period and if at the end of the two week period the parties agree that extended time is needed then that is their decision. My intent is not to drag this out. Mr. Sanders. This keeps getting tabled and it's really causing a lot of problems employment wise. Other things and responsibilities that we've got going on. We keeping coming back to this and keep coming back to this. Even Mr. Coleson was notified when we all met the last time to sit down and come to an agreement. But he can't make it for this reason or he can't make it for that reason and It just keeps putting us back. We've given our argument . and I'd be glad to sit down and talk with him after we get past this issue. Let's sit down and go from here and see what else we can do for more cooperation but the immediate issue, my dad wants it closed I want it closed • and Mr. Fulton wants it closed We are now the three property owners concerned with that area. We are the ones who basically are saying "hey" and it doesn't concern Mr. Coleson's land at that time. He does have the access, we have the problem. I'd ask that you please get it up for a vote. It's not going to hurt him and it's not going to hurt you. It's still going to have to go to the Council. If we could work something out between now and then and he • wants to sit down and work it out I'd be glad to do that I'd like to at least see • • a step forward because all I'm seeing now is things cr ntinuing to get put back and pedaled back. I'd like to see some positive direction and by closing this that does not separate us or end the isso+e of us sitting down with staff for further recommendations or further cooperation on what to do from this point. • w • r ~ P & Z Minutes Agenda No July 26, 16+5 Agenda Rem Page 46 bate Ms. Russell. Do i understand your saying you'd rather have a no vote? The possibility of a no vote tonight or a yes kote two weeks from now. If you want us to vote tonight, you'd be okay with that? I understand you spent time down here and it is regretful that Mr. Coleson did not choose to or could not be there for whatever reason because it has drug this out. I expected to have this settled tonight There are some things that came up with traffic count and things like this. I wish we'd known about the easements or the right of way, that the brainstorming had been done by staff so that we would have had this before us but we didn't. Mr. Sanders: What I'm saying is that we haven't gotten the cooperation in the past. Mr. Coleson wouldn't even return phone calls. It's been that bad and now I guess I'm getting the impression that he's going to sit down at the table and talk with us or two weeks from now he's going to come up and say he hasn't had the time, a month from now he hasn't had the time, six months from now he still hasn't had the time. What are our goals here? Supposedly we're all in this for the same thing but, by voting to close this street now does not preclude or stop us from sitting down at the table with staff. Mr. Powell: Mr. Sanders let me make my point clear. Real clear. If Ms. Schertz makes the motion, I'm going to second R. But let me be clear that two weeks from now I will move on this issue. I won't let it sit more than two weeks. I will move on it. Whether t',are will be a second on my motion, whether it will pass or not I don't know. But, I'll move on it two weeks from now. Count on it. Mr. Sanders: You will move on this issue? Mr. Powell. Count on it Ms. Schertz: You have my promise too. That was the purpose for me being • so specific with my motion and with me specifically asking Mr, Coleson, in our minutes, if he will agree to meet and giving staff direction. I have, in affect, established the meeting. It will happen. If he chooses not to come it will be before us and we will feel comfortable that all has been done and we will vote accordingly. • Mr. Sanders, That's fair, • • Ms Flemming I would also like to ask that in addition to the property owners getting together, could we not get a written recommendation from the Police and Fire departments as well as the Traffic Safety Commission. I would like to F • - O Ap* ttirr. _ P & Z Minutes 0 ~ July 26, 1~8F Paa6 47 at least know where they are coming from as far as closing up the street because like Mr. Po'xell said, it has changed since it reached us. The original request has changed and I feel that it should go back to them. Mr. Sanders: I went out and got the letters before like Chief Cook. Will staff be able to do that this time because to be honest with you I don't have the time Ms. Flemming: I'm not requesting that you get this. I'm requesting that the staff provide us with that. Ms Russell: I have a question of staff. Will Traffic and Safety be able to meet and get us a recommendation before two weeks? Mr. Salmon: They meet the next time on August 11th. Ms. Schertz: And our next meeting is August 91h. Ms. Russell Can they be called for a meeting? Mr. Salmon: Well they can. We can certainly attempt to do that but I can't promise that we can pull them together. Obviously we can't make them meet. Mr. Powell: Excuse me if I may. Seemingly, if we have a written indication from the Police Chief and a written indication from the Fire Chief, we're about there any. Ms. Russell: Well, I'm content but the question was if we'd get Traffic and Safety and I wasn't sure we coup. Mr. Salmon Is the concern that they haven't seen this specife motion before? • Mr. Jones: Well if I understand it right, they have. Because they originally were talking about closing the whole thing. Mr. Salmon: Right and I'm getting the impression that we're maybe going back to that very similar thing and if that's the case, t personally don't understand • taking it back to Traffic Safety if we're going to go back or try to go back to • • where we were to begin with Ms. Russell That was just mentioned in the meeting here so I was just reiterating, is that a possibility because I don't want to get to 1 • • Ap6 Ma ACVOt Ittm. P & Z Minutes Page 48 Mr. Salmon: They can be polled. We've done it before. Ms Russel;: I don't want to be here two weeks from now and say well we don't have Traffic and Safety therefore we're not Ms Flemming. Just a recommendation from the Police Department and the Fire Department should be sufficient Mr. Salmon: I don't think that thats a problem at all getting something in your i backup for next time written from the Police and Fire Departments. Ms. Flemming I would hate to have the Traffic Safety Commission come back together when they really don't want to for one issue. Ms. Schertz: Do I need to restate my motion? I'd like to make a motion that we table the closing of Lattimore S'reet until the next meeting which will be August 9th. Mr. Powell I'll second that motion Ms. Ru!.sell: Any further discussion? All in favor please raise your tight hand. Opposed same sign. Motion is unanimous (6-0) VII. Receive update on approvals of minor plats. Mr. Yost: Madam Chair and Commissioners I'll make this brief. In order to expedite the passage of plats, the City Council roughly a year ago authorized the staff development review committee to approve what is called minor plats. Minor plats are plats of four lots or fewer that also have no major public improvements that also have less than 2,500 Average Daily Traffic (ADT). It should be noted that the staff can only approve minor plats. The staff cannot deny minor plats and if there is any reason for concern the staff car, send the plat to the Commission for their review. Whether it be for approval or denial. The Commission also asked the staff to report on minor plats that have been made recently so there have been two or three minor plats that have peen approved recently The first one goes by the name of Happy Valley. This is four plus acres of land between Action Imports and A-1 Rental fronting on 35. • This preliminary plat was approved by the Chair of the Development Review • • Committee. There was a preliminary plat, Super 8 Motel. Super 8 will eventually be built on what is called Lot 2. Lot 1 is at the current site of the Slrall Gasoline Station. We're looking at the corner of Teasley and 35, near the exdsouthbound. Lot 3 is still vacant That is the preliminary plat. The • a • AQr& Item MINUTES PLANNING AND ZONING COMMISSION August 9, 1995 Regular meeting of the Planning and "honing Commission of the City of Denton, Texas was held on Wednesday. August 9, 1995, and began at 5:00 p.m. in the City Council Chambers, 215 E. McKinney. Present: Guy Jones, Rudy Moreno, Bob Powell, Barbara Russell. Absent. Mike Cochran, Katie Flemmir8. Lilen Schertz. Present from Stall. Drank Robbins. Director Planning and Development; Jerry Drake, Assistant City Attorney; Owen Yost, Urban Planner; Walter Reeves, Urban Planner; David Salmon. Senior Civil Engineer. and Chris Rodriguez, Secretary, Meeting called to order at 5:08 p.m. O Consider closing Lattimore Street from Riddell to near Pertain StraM. y Mr. Salmon: As you can tell we have been working on this up to this meeting. We met with the four property owners involved and left that meeting with the general idea that everyone was in agreement that we would close the entire street. ht that point in time Jerry Drake prepared a letter of intent for everyone to sign so that we would have written documentation that everyone was in agreement with the street closure. At that point all of the property owners were willing to sign the letter except for Mr. Coleson who had some concerns. Mr. Coleson is interested in actually having the entire road abandoned and was also concerned about some issues relating to fencing and things of that mature and wanted the closing of Lalt more to be tired to some other events. Those events could not be guaranteed. Nurn~er uric we could not guarantee that Lattimore would be abandoned because there are some legal not; s that we would have to jump through in order to do that. We could not guarantee the timing for that or if it would even occur. We also could not guarantee that he could have a fence permit. He is going to have to come in and apply • for a fence permit artd if his request meets all of the applicable ordinances he will be granted a fence permit. Lip to this point we have not been able to come up with an agreement Nr all four property owners to close the street. We were going to come to you with the recommendation that we only close the northern portion. Now I understand that Mr. Col%son is willing to go with a closure of Ianirnore Street in its entire length as shown on the overhead unconditionally but wishes the city to pursue a total abandonment • of right-of-way There are some legal factors that have to be done in order to abandon the • • street and the city is not opposed to that. Mr. Drake. My memo of August 4th summarizes where we are at. The fact that we don't have a u ritten agreement here is no way indicative of a lack of effort on anybody's part. i s Q • s ,tW& Mj. Agmb Item P&Z Minutes DO August 9, 1995 Page 2 Mr. Sanders has done a good job of getting the owners to sign off on documents. The two letters of intent that L prepared, both versions, were signed by everybody but Mr. Coleson. Mr. Colesou and his wife signed the version that he prepared which has the representations by the city. What I told the laird owners is that I did not feel comfortable recommending and staff was not agreeable to combining the closure with any future, event which may or may not happen. Staff did not want this to appear to he a conditional agreement to close Lattimore. Many, of the issues that Mr. Coleson wanted to integrate into the closure the city doesn't have a problem with pursuing. We can't tie the closure to that because of the fear that it may he considered a conditional closure. What we have is an absolute consent to close the northern part of Lattimore. Mr. Coleson opposes that. As far as closing the entire portion of Lattimore Mr, Coleson is in favor of that, but hejust wants some assurances that the abandonment will not be put on the back burner. understand that Engin:ering is willing to install gates on the closed portion and that the gates will he provided by Mr. Fulton. The gates wilt be installed within ninety days of the closure. I guess if we can get Mr. Coleson to clarify his position on this we may be able to proxeed with the entire closing of Lattimore Street. Mr. Jim Coleson: My name is Jim Coleson and I live in Lake Dallas. Where I am coming from is that we did meet and come to an agreement. What we basically have is if we are talking about a partial closure then 1 am opposed to that. 1 can understand Mr. Drake's concern about it looking like a conditional closure. My letter indicates that the entire portion will he closed and that the city will not have any IiabiIity for any short term closure. The second paragraph concerns all of the property owners that have any interest and the third paragraph deals with the property owners establishing a right to use the easement among each other if necessary. We talked about abandonment and that is the purpose of the fourth provision. The city was going to go through and determine what the status is of any easements so that when we get to the abandonment issue on this portion there may be something that can be worked out as far as compensation. In Mr. Drake's letter there is a comment saying that portion of Lattimore is worth ten thousand dollars to the city. That is the first time L have heard that so 1 can't comment on that, Our • understanding is that if that is abandoned then the asphalt would be removed. On the sixth paragraph of my letter 1 state where the gates would be located and that Mr. Fulton is to provide those and that they would be installed within a reasonable time by the city. There would he a fence erected along Ruddell. The terms are not binding on the city until approved by the City Council. Time is of the essence and parties would like it to be completed within ninety days. This letter of intent is not a perfect agreement it is just a • general understanding and directioti that we are all going to head towards. I think if • everybody does what they say they are going to G,) then :here will not be a problem. What we are looking at is that entire portion of Lattimore will be closed and that the city i proceeds with abandonment. If there is some other course of action that is going to be taken then I am opposed to it, 1 would like to ask P&'1, to proceed on that basis. • a • is A ~y APWI h w P&7. Minutes August 9. 1995 Page 3 Ms. Russell: You started off by asking that this be closed for safety reasons and you are no,,./ asking that it he abandoned'? Mr. Coleson: Yes ma'am. 1 think that this addresses all of my issu(;s and concerns in talking with the city staff and the other property owners. To say tied it is e. conditional consent that might be a correct characterization. We have tried to make it as unconditional as possible and indicate that if it goes as planned this is what we are intending to have happen. I have no reason to believe that it will not happen. ' Ivfs. Russell: In your presentation I see that you are asking the city to do some things such as taking up the asphalt and carry this further and to obligate the city to do some things that initially were not as I understood it to be. Mr. Drake is that part of the concern on behalf of the city? Mr. Drake: I think that really the larger concern is that the consent to closure needs to be clear, unequivocal, and inconditional. I need to know that before we proceed with the entire closure that all of the abutting property owners agree to this even if there is nothing else is done. The city is certainly willing to pursue it, but that the decision to close is not in any way conditioned upon any future events. Mr. Coleson: I don't want to advise anyone and in my mind we are not going forward with a conditional closure. We are going forward with a closure. If you are asking me if I am agreeing to unconditional closure yes that may be the effect of standing here and tclliug you that we have a tentative agreement. This is basically what we are doing. My real desire is to not give up those rights so that if something goes wrong 1 may be back here. It does make me nervous that I am saying I agree to an unconditional closure. If things don't happen like they are supposed to happen then I will be back here complaining. Ms. Russell This is our third meeting and you were assured that it would be resolved tonight. • Mr. Colesow That is partially why we were trying to come up with a short term solution. This is not a perfect solution, but it comes as close as any. Mr. Sanders: My name is Doug Sanders and 1 live at 1424 Lattimore. I better understand Mr. Coleson's position this week. We don't have any p-klem with abandoning the road. • Our only reserve is that it has always been my position as well as my father's that the • • fx)rtion that abuts our properties belongs to the Fulton's. Even if it did come down to abandonment I would say that it should be given back to the Fulton's because it is their property. We didn't have any problem with Mr. Coleson's letter of intent. i understand why the city would want some issues are or. a separate document and that they would put .i Q • i, ApMdiNo Ap* Clam P&Z Minutes Do August 9. 1995 Page 4 those issues in a separate document. The city does intent to supply the man hours to put up the gates. We seem to be agreeing, we just need to get the language down. As far as closing and abandoning it, the real concern is that we don't want the road opened back up. If it was abandoned then that would resolve that issue. We would like to see this thing completely shut down. Nis, Russell: So you are of the same mind on this now? Mr. Sanders: We want the road ciosed unconditionally but we don't want it opened back up. Ms. Russell: Would anyone else like to speak? Mr. Edmond Fulton: My name is Edmond Fulton. Mr. Powell: So you are willing to provide the gates? Mr. Fulton: Yes I will provide the gates. Mr. Powell: I just wanted to make sure that it was true. Ms. Russell: Any further comments? Mr. Powell: What is staff's recommendation at this time? Mr. Drake: Staff recommends closing Lattimore unconditionally. We have signed documents and Mr. Coleson has said that he agrees to unconditionally closing Lattimore with the expectation that the city will go forward with abandonment. If that is not the case then I would like to be corrected now. Based upon my perception that we have a clear and unequivocal consent to close, I would recommend that we close the entire portion of • Lattimore. Mr. Powell I would like to make a motion but how do I describe the portion of Lattimore that we want to close'? Mr. Drake: 1 would say that you recommend to City Council that they close Lattimore . • I have a document here that is signed by everybody except for James Coleson and Mary • Coleson and it is dated August 4. 1995. I would recommend that you recommend to City Council approve the closure of Lattimore Street as described in this letter of intent dated August 4. 1995. It describes Lattimore as extending in an easterly direction from Ruddell Street Co a corner, then in a northerly direction to a corner, as shown on Exhibit A, l 1 • fi • a r i Apaba N0. - Apia Item - P&Z Minutes Do Augusl 9, 1995 Page 5 attached hereto and incorporated by reference herein, but that the street in question does not include any other portion of Lattimore Street, It has an Exhibit A attached to it which is identical essentially to what you have on the overhead and if you would like I will go ahead and pass this letter of intent down to you for you to incorporate into motion. Mr. Powell: I move that we accept staff's recommendation. Mr. Jones: I'll second. Mr. Drake: I think that you could make reference to the description in there , in this document. Mr, Coleson: Jerry asked that if there was some disagreement to let you know. I think that I have indicated that there is not any legal claim for any wrongful temporary closing, anything like that. However, from a moral standpoint let me make it clear once again that I may be claiming that there was a wrongful closure and asked to be put back in a position that I would have been bad this not occurred, if everything else does not happen. Ms. Russell: Just for the record we are going to read in that the said street extends in a easterly direction from Ruddell Street to a corner, then in a northerly direction to a corner, as shown on Exhibit A, attached hereto and incorporated by reference herein. But that the street in question does not include any other portion of Lattimore Street. Any further discussion') All in favor of the motion please raise your right hand. Opposed same sign. Approved. (4-0) Adjourned at 5:40 p.m. to move into closed session. A Closed Meeting of the Planning and Zoning Commission of the City of Denton, Texas will begin immediately following the first item of the Regular Meeting in the Civil Defense Room, 215 E. McKinney Street, at which the following item will be considered: • 1. Legal Matters Under TEX. GOVT. CODE, Sec. 551.071. • Consult with attorney regarding legal issues relating to the rezoning of property at the intersection of I14-35 and Lindsey Street, and contemplated Litigation. • Regular meeting reconvened at 6:42 p.m. ' • • The Regular Meeting of the Planning and Zoning Commission of the City of Denton, Texas will reconvene in the City Council Chambers immediately following the closed meeting and at which time the following items will be considered: • c> • DENTON 1) vo qooo a 0 ~ Q 4 OOO 4p ~ ~OpO NP aooaoaooo • CITY COUNCIL 0 I • • .+QeAOaNo ~ ED Cate CITY OF DENTON, TEXAS MUNICIPAL BUILDWO • DENTON. TEXAS 76201 • TELEPHONE (817) 588-8307 Office of the City Manager CITY COUNCIL REPORT TO., Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager DATE: September 29, 1995 SUBJECT: Resolution Authorizing The City Manager To Execute Amendment No. 1 To The Public Transportation Contract With The Texas Department Of Transportation RECOMMENDATION: Staff recommends the adoption of this resolution. BACKGROUND: Upon approval of the City Council, this resolution would authorize the City Manager to execute Amendment No. 1 to the public transportation contract with the Texas Department of Transportation (TxDOT). On August 16, 1994, the City Council adopted Resolution R94-040 which authorized the City Managet to enter into an agreement with TxDOT to provide for the expenditure of funds pursuant to Section 9 of the Urban Mass Transportation Act of 1964, as amended. The purpose of the funding is to provide financial assistance to SPAN to ensure that public transportation needs are met in Denton. Transit funding from TxDOT for FY 194-95 totaled $140,415. Included in that funding is capital assistance set aside for the purchase of transit vehicles. This amendment extends the contract • period until November 30, 1995 to expend obligated capital funds. In effect, this will allow the City and SPAN to purchase capital equipment to support the provision of public transportation in Denton. All other provisions of the current contract remain intact. • PROGRAMS. DEPARTMENTS, OR GROUPS AFFECTED: • • None. i "Dt&ated to Quality Snrlu" ~ y i • i. A~wN Ma FISCAL IMPACT: ~ None. Approval of this resolution merely extends to contract period to expend obligated funds that have already been approved. Please advise if I can provide additional information. RESPECTFULLY SUBMITTED: v' ALy V. Harre City Manager Prepared by: Josep ortugal Assistant to the Ciranagee6r • • . 1; r Jy r rk' "1`+y~3A~ Kl yr" ~µ~Y~„~TYY'~' 1 S ~ J F r. :.cx , a.Lmend'lU.reAP06 U& AW* ftM RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE PUBLIC TRANSPORTATION CONTRACT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR FUNDING PUBLIC TRANSPORTATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the United States Secretary of Transportation is authorized to award grants for a mass transportation program of projects and budget; and WHEREAS, the State of Texas is authorized under TER. REV. CIV. e STAT. art. 6663b, to assist the City in procuring federal aid for the purpose of establishing and maintaining public and mass transportation projects; and WHEREAS, on August 16, 1994, the City Council adopted Resolu- tion No. R94-040 which authorized the City Manager to execute a Public Transportation Contract with the Texas Department of Transportation and the State has forwarded an amendment to said Agreement; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Manager is authorized to execute Amendment 1 to the Public Transportation Agreement on behalf of the City of Denton, Texas, with the Texas Department of Transportation to aid in the financing of public transportation, a copy of which is attached hereto and incorporated by reference herein. SECTION 11, That the City Secretary is hereby directed to affix upon the face of Resolution No. R94-040 a note that it is amended by this resolution, and attach a copy of this resolution thereto. SECTION III. That this resolution shall become effective immediately upon its passage and approval. • PASSED AND APPROVED this the day of , 1995. • BOB CASTLEBERRY, MAYOR • • ATTEST: JENNIFER WALTERS, CITY SECRETARY BY f. O = i • i . * tint • • • i. AWdl No. AW* him oft APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY ol BY: c~~ ( f • PAGE 2 ~ a 0 DENTON oooQooooQOQaoo o~ ~a o o 0 0 o ~ 0 O a~ Co pOo ti ~~oo 0 ~aoa00 aoo CITY CO, UNCIL • • A • 4QM1~e No 81 _ 1D C CITY OF DENTON, TEXAS MUNICIPAL BUILDING • DENTON, TEXAS 76201 • TELEPHONE (817) 568.8307 Ofr" of the City Manager CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager DATE: September 29, 1995 SUBJECT: A Resolution Amending Lease Rates At The Denton Municipal Airport RECOMMENDATION: Staff recommends the adoption of This resolution. &BCKGROUND• Upon approval of the City Council, this resolution would establish new lease rates at the Denton Municipal Airport. Previously, the lease rates were adopted with the 1986 Airport Master Plan and ranged from $.05 per squar.j foot to $.20 per square foot depending ,-on available amenities (Attachment 1). In reviewing these rates, ::aff felt that they were potentially prohibitive and therefore recommended that tha Airport Advisory Board consider a more competitive structure to entice and encourage airport development. consequently, the rates as recommended to Council, represent the consensus of the Airport Advisory Board (Attachment 2). As shown on the attached map, Council should be aware that the new rates are based on location only (Attachment 3). That is, the availability of utilities, roads, and taxiways, has already been taken into account. The new rates range from $.05 per square foot to $.15 per square foot. • A survey of area reliever airports reveals that these new rates will be oqually competitive (Attachment 4). The survey was conducted by the Texas Association cf Airport Executives and published by the Texas Department of Transportation - Aviation Division. The Denton Municipal Airport is classified as a reliever airport by the Federal Aviation Administration (FAA) and in comparison to other reliever airports our rates are very • • competitive. With the addition of the 1,000 foot runway extension, operations have increased especially in the area of private jet aircraft. Additionally, a number of business development plans have been 'Dedi and to Quafuy Smkea • 1.. ~r ApWo ham submitted to the Airport Manager for review. Th reviewed by the Airport Advisory Board which makes recommendations about the r.ecution of the lease agreement(s) to the City Council. There is eery reason to believe that the increase in annual operations and the business proposals that are being considered as well as those that are forthcoming, will create the need for a very competitive land lease rate structure. Staff believes that the approval of this ordinance will enhance the ability of the Denton Municipal Airport to meet development needs well into the next century. PROGRAMS. DEPARTMENTS. OR GROUPS AFFECTED: Tenants at the Denton Municipal Airport. FISCAL IMPACT: Fiscal impact of the land lease rates will be depend upon the development to be considered plus an allowance for increases in the consumer price index (CPI). Please advise if r can provide additional information. RESPE FULLY SUBMITTED L1 y V. Harrel City Manager Prepared by: i Jose Portuga 1 Assistant to the Ci y Manager i Attachments: 1. 2986 Airport Master Plan - Lease Rates • 2. Minutes of the Airport Advisory Board, 8/30/95 7. Airport Map - New Lease Rates (In Notetook Pocket) 4. Survey of Reliever Airports • • 0 I o • J:\NPDMSN AESW SPON T.RE: , ApEn& ft U m Do I RESOLUTION NO. A RESOLUTION REVISING AIRPORT LEASE RATES AT THE DENTON MUNICIPAL AIRPORT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the current lease rates at the Denton Municipal Airport were incorporated into the 1986 Airport Master Plan; and WHEREAS, the Airport Advisory Board having reviewed the existing rates finds that they should be revised in consideration , of furthering development at the Denton Municipal Airport; and WHEREAS, the City Manager and the Airport Advisory Board recommend that the lease rates be approved; and WHEREAS, the City Council having received the recommendations of the Airport Advisory Board and the City Manager and having found that it is in the best interest of the City to implement the proposed rates; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION I. That the proposed lease rates for rental property at the Denton Municipal Airport are hereby approved and incorporated by reference. gZgTioN Ii. That this Resolution supersedes all other conflicting resolutions to the extent of any such conflict. PASSED AND APPROVED this the day of , 1995. BOB CASTLEBERRY, MAYOR • ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, C1" ATTORNEY 4z ,I i;ry • a • • .~uew A.la :vim trtrlor NMSCIlAL Ai5►00! aaar sr a►rrert aaaard Lta:.atina fl Ds. r.. year rasa l~aaa/SaY/14a0!/AyM Smum, kum sup Al Borth amp SN.00 A N !'ayyara 5070.00 Sw taatarat I an ma 050.50.00 Qud !-4ap» 5 /5.00 5150.00 Onealaf OLa01a 0 5.00 Onaalpt bia t 5.00 lad+, il«sr/rlV, Walm, Imn Saga - M rude, as wtae, M tY1wr. ae aaaar w otoo rwq /ors - AN ow tmpraraaaai, alaa/►lalty, ratat at eow..r ■laar - Aq Ow lat)raa ta, olMtrtalty, wtar or awor M*Jw - All Ism lgra -mmU w a taalry ad r*M CLASS MOOS am xtm RAWOS • 1 X/A VA VA VA 11 .10 .Il .15 .20 ' 111 .00 .10 .12 .14 tY .05 .00 .10 .15 • • lAlltn z r F l.j 0 0 T y Y -I'V+.V r,, r, o • • I i` I I r I 7~ 41* D 4 . ay 1011 -1:r • IIOR "a!r tM1100%A*"= i • 2 2 • t Eby AND ,.1aaMat ARIA al, uouo• •u•uo u••••• •4,•••YI•••B U••••p•••••••••• •uu• •O.o• w•o• • t tlal WOLIN MOM • f Rl11Ia i Y 4tt,am I ai >OM • fans OlM~ 4 vim •~•u•on•••o•auu••o o . ROD • I •uro ••n na a I InIr : . { 71 • S _ 3 i. aa»., . uu ,o.a., PARNPON ~na"am a.,,. 2 • I. t.,.._.... - LSOO J i 4 ,.,m wmm K%Pmw 2 ARM" 3 13 v.,a.»o M. IC^s AR a•aaw l„ /VYi/ftl LJV MJ USE and TERW AL AREA PLAN RGLF E 8.2 - woo AREA aASSFlCAnON omm mm"' Affm CKAA W WAW A ASSOCVM he • Q • r ATTACHMENT 2 Airport Advisory Board Minutes Aprba than August 30, 1995 Page 3 military bases Mr. Burnett is sending me a process to get on their direct mailing fist. Any items purchased through this orgar>iatkm wouki be exempt from the bid process. An interlocal agreement between the Defense Reti itiation Service and the City of Denton would probably be required This is just a matter of the forms being presented to the Board and, if recommended by the Board, then the approval of the City Council. Chairman Woolfolk stated that when he asked for this item to be placed on the &wd's agenda his thoughts were along the lines of aviation related purchases such as fire trucks. Since Air Force Bases are being shut down it would be cheaper to purchase items needed at the Airport. As the City talks abort bumldvl another fire station, trey are obviously going to have to fund some regular equipment. If we could help on the aviation end, it might be beneficial to everybody concerned Additionally, there was some talk that if a passenger service came to the Airport, we might need a waste truck. It appears it's not an issue that needs immediate action any time in the foreseeable future. I think this is something we may wed to be more aware of and certainly if any other members of the Board have questions, please ask. Mr. Shaw stated that Ron Bruce, Director of the Fort Worth district indicated that if we had a spwfic requireamu for a certain type vehicle. On would certainly prepare it waiting list and notify us when one became "able at any of the Fort Worth, Lubbock Houston or San Antonio areas. Mr Shaw stated he would forward Airport Manager Thompson a copy of the newsletter when received and if there was something of interest Joe or any VORMAW of the Board can go look at it. Airport Manager Thompson stated that aviation equipment is through Oklahoma City. Mr. Shaw stated John Burnett is going to dyed the City through the Department of Defense in Oklahoma City. Chairman Woolfolk thanked Tom Shaw for providing this information. 1 IV. RECEIVE REPORT, IOLD DISCUSSION AND GIVE STAFF DIRECTION REGARDING i RATES FOR LEASE OF AIRPORT PROPERTY, • Airport Manager Thompson handed out colored drafts of the proposed rates. Mr. Thompson pointed out each colored area with the current and proposed rates. He stated the triangle shows Fox•51 and Mahon current team rates lie dark blue square is AirDemon and their current lease rate Chairman Wooifolk pointed out that when the AirDenton lease was originally signed it was a penury ® a square foot. However, through the bankruptcy proceedings, when the City got it back a second ' • • time from what used to be USB we negotiated the new rate. While it is not wonderful, it is a whole lot better than it used to be Board Member Stephens asked how long this lease is effective • to • Airport Advisory Board Minutes August 30, 1995 ~Oaibs Page 4 Chairman Woolfolk stated approximately 19 more years Board Member Stephens asked if there were any provision for an increase. Airport Manager Thompson stated that when the City gave AhDeuton authorization for improvements in the year 2005 everything esmWes. AirDenton is paying $1,200 a month and in five years it will go to 51,600 and another five years it goes up another $500. If during that five years their fud flowage exceeds 340,000 gallons or something like that, that the rate doubles. Some of you were on the Board when we increased the fuel flowage from three cents to five cents and the percentage of hangar fees went from 10°/16 to 11% or 124/9 . It grows as they grow. Mr. Thompson pointed out that the property to the right of the AirDenton Jesse is the property that cost 5465,000 to put roads, water and sewer onto and it was twenty ant property. The proposal is to drop the twenty ants to fifteen ants per square foot. The gem part is still part of what we reserved to be a future fixed base operation jet maintenance center. It was twenty ant property. The proposal is to drop it to fifteen ants The purple area is the Port-A-Port hangars. This property is fiwrteen ants a square foot. We are proposing, the ground located to the east and south of the Port-A-Port Hangars, at eight ants or five ants. The property for industrial development toward Underwood Road would be eight cents. Next to the four-we white block where Frank Martina owns is ten ants That is where Avionics, International is leasing. We are in the process of writing their lease where the rata will go from eight to ten to twelve ants plus CPI every year. At the end of twenty-five years, Avionics, International will be paying twenty-five ants a square foot or more. Assistant to the City Manager Portugal stated that, with the Boards input, one of the things staff is trying to accomplish is to get a set of rata that are competitive that will help move the development 1 of the Airport . In our discussions with Avionics, we have not had any adverse reaction at all to those rates One of the things we need to do is get those rates approved. The Board needs to nuke a recommendation to the City Council to staff can go ahead and pass that rate on to Avionics. • Board Member Dulemba moved that the Board recommend approval of the rates to the City Council Board Member Risser Second Motion Unanimous. V. AIRPOJ, T IMANAGER'S REPORT. No.,ti Central Texis Council of Government. Airport Manage Thompson advised that Carter do • Burgess has forwarded the prappbcation to the FAA The preapplication has been sent to the • • Aviation Committee of the North Central Council of Governments for preview. This preview is scheduled for October 13 and October 26. The Committee well make a recommendation to the Federal Aviation Administration. If approved, it will be forwarded to Washington. Mr. Thompson advised that staff and/or Board Members tray be requested to attend the meetings schedule in October. • 0 Rn L$~ ti ~ >Ma~ kJ ~D. ;Tn qq r~hYM ~Tr b ■ I ATTACHMENT 3 I~ 500 / I 620 j ~6 ~ 00 7 (720' x 58' - Typ. 3 PL.) 0 7 X504' x 58' - Typ. 8 PL.) M 0 (2 Exist. T-Hangors in this row a are to be removed/replaced) r Underwood Road 8 Executive Jet Apron F781 ' ry • a re Generat Av6)tic 1 `0 oted Development 10 .10 A. Apron 97'11'30"W z ~ f 0 p iWN-All Q$ aad C foray n 1 .04 .15 .05 14 i 07 s ^~w F{ irw b 5 ve opmen rea 8RL ,n To Be P,emoved so' r =i Twy. A2 xist. YASI-~ Ez1et. Sea. Crcle~~ _ Twy A7 Taxiway A Twy A 1000" Tw A9 0 It. Runway Safety Area Ex_ End t. Exist. REIL P Uit- cxc in - Runwo Extension 9 4PI-4 --40-ud: Nnd'lnd Indicates ° 50' (Typ.) - .6 Exist. REIL El. 628 -7 7 d a exist 5060" X unwo N. rue i t~ 99' a Ult. 1500' x 150' Runwo N1.06E ue UIt• PAPI-4 Ult. ARP Wt. Runway Safety Area O O Twy. AB-+~ i Ult. End El. 640 0' Exist. G.S. Antenna r Existing VAST-2 s Exist. ASOS Site and G.S• Critical Area 0' (TYP•) It. Runway Safet Are °71 Relocated GS. Antenna Ult• 5000' X 75' Runway N1.06'E (True b Ult. Runwo; Safety Area nr)d G.S_ Critical Area rr. . ~.T-T :L Vu :p.a (f 1, Td Y' i ATTACHMENT 3 zn „a- NI l F~ ~fJlr.'r b 1Y 1R; yr ~ I ~ t P ilea' >t'-!W ~rn l~ ~r I [wl rlr«pr n M r Nf,• w. 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S6I6f Arykum B.nc Cnuay 4AS 67.000 30.12 10 foal! YJ l1 S20f 1177 610 S47M 0 1150 Arlirytnn Ar9Kme M,ncW 450 1WADO woe 10 IM SID 30 51.70 II SAW OM /17 2krtnn Nam Mua4.1 720 110 041 nn.e SD 07 10 30.07 SOMSO LAS 11231115 Fr .dean Ckm FwW 412 15.000 wOr 1019 11 76 US $75 53 6270 3210 11705270 Fpm •KtR F1 *'mIU A..c/1ea 10'a1 145 MAW SO SOD 77 $014 19 W I I V2 11 27 1007 9754100 $5643 6225 1225 5223 .nnl Pai- Cnw Pft l MUMIMI 162 1WOOD _ 1013 $5 w 11 IS $015 1.1000 11431160 M. K.n0ry McKi.ey Muacipl 764 170.000 Ms WW 1007 I,.. WUx< H.& M m"qule Slump.! 270 75 ow 11 10 US 11 5640 11751770 3170A274 • ob • • DENTON o0000po000 4~ N°°o 00 ` o o~ oG ~o o o 0 0 0 OO ~ p Op0 4A 0000 o aooa00 • CITY COUNCIL ~ . I^ owe CITY OF DENTON, TEXAS MUNICIPAL BUILDING DENTON, TEXAS 78201 • TELEPHONE (817) 566-8307 CITY COUNCIL REPORT Office of IYte City Manager TO. Mayor R Members of the City Council FROM: Lloyd V. Harrell, City Manager DATE September 29, 1995 SUBJECT. Resolution Of The City Council Of The City of Denton, Texas, Approving The Sublease Of Airport Property By Fox-51 Limited To Excel Aviation, Inc ; And Providing An Effective Date RECOMMENDATION: Staff recor mends the adoption of this Resolution BACKGROUND This is a standard sublease for hangar space located on the north end of the Airport. This hangar is part of the existing lease between the City of Denton and Fox-51 Limited. Fox-51 Limited proposes to lease Hangar No 5 to Excel Aviation, Inc, for aircraft sales, restoration, pacts and components The Airport Advisory Board unanimously recommends approval. P$QCrBAh1S.pFEAATMF.NTS OR GROUPS AFFECTED None FISCAL IMPACT None. Please advise if I can provide add lion] information RESPECTFULLY SUBMITTED, Loyd V. Harrell City Manager i 'Dcdk ttd to Quality Smdu" k y+`. 1i A r t ~~~,rtr//~11 ~.~~~yyi M ♦~.^7.r~/N~~,t t , Iy'•~`i{]_..'~,y . • - w..-...- 0 xl 4 J.CtY'•1'S!,,~'.`,~`IY(~J~I -'A • a • 1 AW4 Ito. It m City Council Report September 29, 1995 Page 2 PREPARED BY: loe Thompson Airport Manager APPROVED BY: to ortugal Assistant to the City Manag ATTACHMENTS' 1. Minutes of Airport Advisory Board, May 10, 1995 2 Lease - Fox-51 Limited 3 Sublease - Excel Aviation, Inc. • • 0 e f AP* tta Apno no Airport Advisory Board Minutes May 10, 1995 Page 2 Deputy City Manager Svehla stated Freese & Nichols, Grioner and other firms will do this kind of work, and there are a number of firms that will do the preappGcations free. In conjunction with that, the agreement is they Ao the preliminary work, and when we receive a grant fron the F A A they are used to develop the plans Staff recommteradalion is to send the Request for Proposals to previous engineering firms and if other reputable firms respond, narrow the field down and pick the top two. Freese & Nichols and Criener presented their proposed to the Board for the prior construction. The Board revif:ws proposals, staff reviews fees, conducts background checks and checks with the FAA The staff provides the Board with information and ideas and the Board chooses the Engineer. The City has to solicit proposals, however, since it is for professional services we are not required to take the low bid if this is agreeable with the Board, staff will get started on the requests Boardmembers re comurtertded staff to go forward with sending out ne Request for Proposal.. IV Discuss Sublessee to Fox-51 Airport Manager Thompson requested that the Board make their recommendation for approval or disapproval of the subleases. Chairman Gilkeson stated that Children's Airlift Command had previously been approved at the March 22, 1995 meeting Boardmember Smith msde the motion recommending Excel Aviation's request be forwarded to legal for preparation of a resolution to be presented to the City Council for approval Board member Stephen; seconded the motion. Motion carried unanimously Deputy City Manager Svehla stated that Boardmembers were provided a copy of a memorandum from the City Attorney's office regarding the tax exempt status of Children's Airlfl Command Mr Drake's memorandum states that Children's Airlift Command may be tax exempt but since they are leasing from Fox-51, who is not tax exempt, it doesn't make Fox-51's building tax exempt V AIRPORT MANAGER'S REPORT Airport Manager Thompson gave an overview of the budget s 0 0 JCr Imunal &Ljjj= Mr Thompson stated that supplementary funding was requested for temninal furniture The furniture would consist of 34 rows of chairs similar to those used in O 0 • - p • 1x E: UNCOCS%I E S\ERCEL. A IR A~IRQ1 N0. Aph WA RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING THE SUBLEASE OF AIRPORT PROPWIV BY FOX-51 LIMITED, TO EXCEL AVIATION, INC.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of D~n(.n-- has leased airport property to Fox-51 Limited ("Fox-51"); and WHEREAS, Fox-51 wishes to sublease hangar space to Excel Aviation, Inc.; and WHEREAS, Fox-51 is required to obtain the City's written consent to this sublease; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That under paragraph XI (Assignment of Lease) of the lease between the City of Denton and Fox-51, dated April 1, 1986, the City of Denton gives its written consent to Fox-51 subleasing to Excel Aviation, Inc. (William B. Baird), Hangar No. 5, Sabre Lane, Denton Municipal Airport, Denton, Texas. SECTION II• That consent to the sublease is subject to and shall be considered valid only for so long as sublessee does not store wrecked or permanently disabled aircraft, aircraft parts, automobiles or vehicles of any type, or any other equipment or items which would detract from the appearance of the leased premises, outside of its hangar or fenced areas. SECTION III. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1995. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY • BY: • • APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: f ` ~ • od AIRPORT LEASE AGREEMENT COMMERCIAL OPERATOR THE STATE OF TEXAS S XNOW ALL MEN BY THESE PRESENPS: COUNTY OF DENTON I This. lease is made and executed this day of 19 at Denton, Texas, by and-Fetween the ty o Denton, a Municipal Corporation, hereinafter referred to as "Lessor", and Fox-51 Limited, a corporation of The State of Texas, having its principal offices at Rt. 1, Box 102, Denton, Texas 76105, hereinafter referred to as "Lessee". WITNESSETH: WHEREAS, Lessor now owns, controls and operates the Municipal Airport (Airport) in the City of Denton, County of Denton, State of Texas; and WHEREAS, Lessee desires to lease certain premises on said airport and construct and maintain an aircraft hangar and related aviation facilities thereon; and NOW, THEREFORE, in consideration of the premises and the mutual covenants contained in this Agreement, the parties agree as follows: I. CONDITIONS OF AGREEMENT NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY HEREINAFTER CONTAINED, THE LANGUAGE IN PARAGRAPHS A THROUGH D OF THIS e SECTION SHALL BE BINDING. A. Principlesfof Operations 1 The right to, conduct aeronautical activities for furnishing services to the pabVic is granted the lessee subject to Lessee agreeing;.. e , 1. To furnish said services on a fair, equal and not • • 1 unjustly discriminatory basis to all users thereof, and i • I Ors -U United States Consumer Price Index, All UrbanAgmi01 Na. for Dallas/Fort worth, Texas, as compiled by the U.S. Department of Labor, Bureau of Labor Statistics bears to the February, 1966 index which was 317.0 (1967 - 100). The land rental amount is now based upon 07 ($0.07) cents per square foot per year for the land herein leased. These four rental adjustments, if any shall occur on the following dates: April 1, 1991 April 1, 2001 April 1, 1996 April 1, 2006 V. RIGHTS AND OBLIGATIONS OF LESSEE A. Use of Leased Premises Lessee is granted the non-exclusive privilege to engage in or provide the following: 1. Han ar Lease and Rental. The rental or lease of h-angars an hangar space and related facilities upon the leased premises. 2. Office S ace Lease or Rental. The rental or lease of office space in or a o n ng Lessee's hangars. 3. Aircraft Storm a and Tie-down. To provide parking, storage an t e- own sere ce, for both Lessee's and itinerant aircraft upon or within the leased premises. Lessee, his tenants and sublessees shall not be authorised to conduct any services not specifically listed in this agreement. The use of the lease premises of Lessee, his tenants or sublessees shall be limited to only those private, commercial, retail or industrial activities having to do with or 1 related to airports and aviation. No person, business or corporation may operate a commercial, retail or industrial • business upon the premises of Lessee or upon tho Airport without a lease or license from Lessor authorizing :.uch commercial, retail or industrial activity. B. Standards Lessee shall meet or exceed the following standards: J 1. Address. Lessee shall file with the Airport Manager • • • anUTceep current its mailing address, telephone LEASE AGREEMENT/FOX-Sl LIMITED/PAGE 9 • .yrm;~~rlirt Apo Imm o~ property to its original condition upon the insta a on `3f any utility services on, in, over or under any such easement or the conclusion of such construction. Xi. ASSIGNMENT OF LEASE Lessee expressly covenants that it will not assign this lease, convey more than forty-nine percent (49%) of its stock, deemed herein to mean the controlling interest in its business, nor sublet, assign, transfer, nor license the whole or any part of the said premises for any purpose, except for rental of hangar space or tit-down space, without the written consent of Lessor. Lessor agrees that it will not unreasonably withhold its approval of the sale or sublease of the facilities for activities directly related to Lessee's activities or operation. The provisions of this lease shall remain binding upon the assignees, if any, of Lessee. XII. INSURANCE A. Re aired Insurance. Lessee shall maintain continuously in effect at a t mes during the term of this agreement, at Lessee's expense, the following insurance coverages. 1. Comprehensive General Liability covering the leased premises, th- Lessee or its company, its personnel and its operations on the airport. 2. Aircraft Liability to cover all flight operations of Lessee. 3. Liability coverage for errors and omissions on the part of the Lessee or its officials. 4. Fire and extended coverage for replacement value for all facilities used by the Lessee either as a part of this agreement or erected by the lessee subsequent to this agreement. • j 5. Liability limits shall be in the following minimum IJ amounts: Personal injury: $ 500,000 per person $1,000,000 per occurrence • Property damage: $2,000,000 per occurrence • • 6. All policies shall name the City of Denton as an additional named insured and provide for a minimum of LEASE AGREEMENT/FOX-S1 LIMITED/PAGE 16 • • Y. rox rivE ONE. LTD.. INC. HANGAR LVSE AGREEMENT STATE OF TEXAS ' KNOW ALL MEN BY THESE PRESENTS COVNTY OF DENTON This lease is made end executed this day of W56~ ,.I&f:e- . at Denton, Denton County Texas, by -Agr and between FOX FIVE ONE, LTD.,INC. hereinafter referred to is 'Lessor', end William a. BILId 0/B/A Excel Aviation. Inc.. here- Inafter 'Lasses', hevino Its principal offices at Hanger t 56 Sabre Lane, MunLcipal Airport, Denton, Texas 76207. WIINESSETH: Whereas, lessor now leases. controls and operates certalm property on the Denton Municipal Airport (Airport) In the City of Denton, State of Texas, end Whereas. Lessee desires to sublease certain premises an aid property for the purposes set forth herein. Now, Therefore. in consideration of the promises end mutual covenants contained In this Aereement, the parties agree as foliowsl 1. LEASED PREMISES As used herein the 'leased property,' 'lessehold," .Poemises' and/or any synonym shall Include the land described in ExhLblt 'A' which Is attached hereto and incorporated herein as If fully set out and any Improvements thereon. The leased premises shall include the right of ingreas and egress to sold Propertyr and the right. In common with others to authorized, of passage upon the Airport property generally6 subject to reasonable regulations by the City c1 Denton And Lessor. it. TERM the term of this agreseent shell be for I period of tWd (2) years, commencing on the lot day of Septembir 1941; and eontlhu- Ing ',~a+gh the 1-t day of SeptimeLer 1996, Uhlied tarliir W4- Lnattu .oder the rio0alons of the Agrismsnt. A. Renegotiated Lease rerm: LASSOS shall have the right to rensvotilti thle 16166 tot cne additional five (S) year period it thi Ind of thi ilfloltir term of two (2) years at a renagotlatid tiutll and undo ouch terms as ■re mutually agreed upon by the Lislor Ind L66saa. A' , e • • Hangar Leese Agreementtubgs 01 Excel Aviation, Ina. t~ FOX Fivl OnC Ltd.-zZaaw- i . i I 1 • O MEN • a • r. ate`" Lessee's with to renegotlate thls Lease mu t delivered to Lessor at least one hundred s10ht Or* the explretlon of the primary term of two (2) Y are. B. Notice of rlrminatlon Of Lease After Primary Term' Ir Lessee desires to terminate this lease at the axplratiOn or the primary two (2) y0ar term. Lessee must give Lessor written nonce of his intent not to renegotiate the lease for on additional five (S) year term and such notice must be received by Lessor at leant one hundred eighty (190) days before the eepirstion of the primary term. 111, rAYMENiS, RENTALS, DEPOSITS AND FEES Lessee 99reee to pay t.essor as consideration for this , lease all pmYmsnts. rentals, deposits and fees more particularly described below? A. Rentals 1. Base Rental ror Period of September 1. 1994 through Sept- ember 1, 1996 Lessee agrees to pay the sum of payable in twenty four (24) equal monthly Installments In the amount of per month. 2. Security deposit. Lessee agrees to pay a security doposit of Paysbli whin tha leafs is cloned and refunded at the end of 24 months. Thi deboilt will bb t used to cover any repairs necessary whin th► Lii/ab his , completed the term of the tease. B. Adjustments: Lesess agrees ■nd undirstindi that M#af holds a lease with the City of Denton srrd that 1lhd11F th41 lac the city of Denton has the right LO adjust th41 Lbbboti rintii a~ the Leasehold Premises according to the Unitid UA414 Cost ar Living Index for the Dallas/Fort (JOrthl f6e66 Stlfld✓tfd Metropolltisn statistical Ares, as compliid by th41 U.S. Department of Labor. Bureau of Labor Statlitlel, if the titY of Denton Increases the Lessors lease paYminti L11664 scrits /md understands that Lessee's bass mon!My TOW 15J lMht Wit increase by the percentage increase in L49606 1411156 bSySImt t6 City of Denton. This increase is referred to if Lh6' AdMtelmt'& Hangar Lease AgreemenYY~,,,,~~~_pp cgs 02 rxcel Aviation, Inc. fox Five oM, Ltd. 2 • O • r r. Ap sh N0. - Ap r& MITI C. isles! Lessee steal! be roapons:.ble for p y t of all tsxen accruing against the Leased Premises. Lessor w to Lessee a copy of u,y tar statements or demands or payment of taxes Lessor receives from any taring entity. Lasses will hove ten (10) days after receirt of ■ny tar statement to pay Lessor for the tares on the Leased Premises. D. Insurance: Lessor wlli provide Insurance coverage to protect the Lessor sgalnst damage to Lessor's building+ and structures located upon the Leased Premises. Lessor shall be the named insured and slid insurance shall provide Lessor with covereoe for ell Perils, inclu!]ng but not limited to, firs, wind, rain, hall and other catastrophes. Lessee shall be responsible for payment of the Premium due for any such Insurance. Lessor shall Provide to Lesrae. upon re4uast, proof as to Lhw cost of Insurance. Lessee shall hays ten (10) days after receiving notification of the amount(s) due for Insurance to pay Lessor for the insurance. ' E. Utilities: Lessee shall Pay all OAPensas in connection with the use of Premises and the richte end privilege herbih granted, Including the timely payment of utllltliss. P. Late Fees! All rental rsymsnts and other bbymentb (A-k) due Lessor from Lessee shall be delivered to t" kof St. Ltd.] Inc. office. Denton Municipal Airport. Un1664 othiraill designated In writing by the Lessor. Payments GH1eh Arb 6orf CHlm five ;S) days past due shall be essessed b penlitY of on{ hllf (fit) of oiie Percent per day. compounded daily, for each dA9 ttr fraction thereof which the rental payment or fbb 11 lor$ thAh id days Past due. Any Payment which is 0 days Mt. dui Y111 b$ considered a default under this lease and iAld di►Ault lAY ba cured 11 Payment and late fees are received by Lbalot withlfl It days of due date. Iv. LESSOR IMPROVEMENTS LESSOR SHALL PROVIDE THE FOLLGIIINo LHPROV'`cHENTSs i Aircraft hanger 100 feet by 99 feet in 01!61 and Adjacent driveway. ParMlno arse, and 11tolIP4 time. for the purpowe of this Aoriiment+ W tiro 'LAIIEf improvementr' shall mean those things on thl 16lAAd yfMili) W onglno •-o. ..'strutted by. or to ba cohatructisd by thl Lessor. rinless otherwise noted herein, All LNbor 160rov6WAI are and will remain the property of the lAasor. • V. LESSEE IMPROVEMENTS A. Required Improvements= Mengar Lease Agreemen%pl,,.Fage 03 • Excel Aviation, Inc. Yd`T~Fom Flve one, Ltd.. J • s 3 n. • 0 • AoM1aI oIa As part of the con„Idsrstion for the granting o y Lessor, Lessee Is reauired to and hereby agrees to constrUct or otherwise make improvements to the premises, as specified herOlh, but not limited to. the followings 'lessee shall lustalI r fire safety and f're hazard syetim P-oviding for at least twenty-four (24) hour per day fits department monitoring of All buildings and ■trUct.'ree existing upon the leasehold premises. This fire system shall b, considarid a non-remov.ble fixture which shall remain Upon the 1611064 premises of tht oxplrstlon of the lease.' B. Construction Improvements' Lessee shall have the right to improve or filter the lefieed premises a❑d to Install fixtures thereon, provided that any such Improvements, or alterations shnll not be made without the prior ` written consent of Lessor. C. Ownership of Improvements and Removal of lmprovsmentU All buildings and fixtures placed or constructed Upoh thil premises by Lessee Shall remain the Property of the LsefJat. Lessee 9ha11 be allowed to remove all non-fixtures to loho 44 thil removal will not alter, change, damage or Iflact the 16309d property and Lessor owned Improvemente. Any JxproVBAIIntI remaining upon the leased Premises ■t the end of the primsty term, or ■ny extension thereof,of this lease ehill automatically become the Property of Lessor absolutely In fee without any cost to Lessor. Should this loses be canceled for any reason before the end of the primary term of two (2) years or any extension thereof, all Improvements of whatever nature remaining Upon the )eased promisee shall automatically become the property of the Lessor. VI. CONDITIONS Of AGREEMENT A. Principles of Operations The right to conduct aeroneatical activities for furnishing services to the public is granted to Lessee subject to Losses agreeing to: I. Furnish such services on a fair, eQUal and non- discriminatory basis to all users thereof: and • 2. Charge fair, reasonable and non-discrlalnatory prlce% Tor each unit or service: provided. that !M Lessee a,ay bi j allowed to Take reasonable non-discriminatory discounts. r6b0W or other similar types of priur reductions to volumb burc W11ti, • Hanger Lease Agreeme age 04 Excel Aviation, Inc._ fOX Five Oni, ttd• a • 0 • AWds No. Aanb> RW a. Non-Dlocr lint net Ion The Lessee, for lArrself, and his personal representatives, as ■ 13ar: of the consideration hereof, does hereby covenant S r,4 ag?ee as a covenant running with the land that= 1. No person on the grounds .,f race, religion, color, sex, or netlonel origin shall be excluded from participation In, dented the ben.f i t i of, or be otherwise subJected to dlscrislnntlor, In the use of sold facilities; 2. No Person on the grounds of race, religion, color, now or national or loin mall be excluded from participation in, denied the benerits or, or otherwise be subJected to diec?lmination in the constr uctlon of any Improvements on, over, or under such lend and the furnlehing of services thereon; and 3. Lessee, shall a:. the premises In compliance with all requirements imposed by or pursuant to Title e9, Code of Federal Regulations, Department or Transportation, Subtitle A. office of the Secretary, part 21. Nondiscrimination in Federally Assisted Programe of the Department of Transportation-Effactual of Title VI of the Civil Rights Act of 1964, ana; as sold ftewlatloi?s may be amended, and any other rule, regulation or law or the Vnited States or State of Texas. that in the event of breach of any of the above non- discriminatory covenants, Lessor shall have the right to terminate this Lease and re-enter and repossess vIld land And the facilities thereon, and hold the some as if said l66s6 had pivot Been made or Issued. This provision does not bicolor IffaetlVa until the proccedure of 49 crn part 21 are folloilid ihd eoArplltad including eyplrstion of appeal rights. l C. Right of Individuals to Maintain Aircr/ft It is clearly understood by the Lesebt that ho right at rrlvllege has been granted which would operlti to previht thy person, firm or corporation operating ilrerlft bh the allabft j from performing any services on its own Alico,ift With lta 8MA regular emoloyees (including, tut not limited too IAllhtihAhba lthd repalr) that it may choose to perform. D. Non-Exclusive Right • It Is understood and agreed that nothing herein cohtllhid shall be construed to graft or authorize thi granting bf so lXclusive right within the meaning of Section il19 of TWO Ago U.S.C.A. • Hangar Lease Agresmen - page OS • Excel Aviation, Inc.oa Five Oni, Ltd._ S • A • F A NR A6 E. public Arens 1. City of Deutnn reserves the right to develop or improve the landino area of the airport as it sees fit. regardless of the des it es or views of the Lessee. and without Interference or hinder a nce: 2. City of Denton shall he obligated to maintain and keep in repair the landing area of the airport and all publicly owned focllltles of the airport, to,)ether with the right to direct and control all activities of Lessee In this regard: During time of war or national emergency. City of Denton has the right to lease the landl ng area or any part thereof to the State of Tema" and/or the United States Gover nror t for military or naval use, and, If such lease to executed, the r pr ovislons cr thls ins U ument Insofar ss they are Inconsistent with the provisions of the lease to the Government. ohmic be suspended: a. City of Denton and/or Lessor reserves the right to take any action It considers necessary to protect the aerlai approaches of the airport against obatructlon, together with t66 Tight to prevent Lessee from erecting or permitting to bll erected, any building or other structure on or adjacent to t4 airport which. In the oPlnlon of the City of tehton or Les6ohl would limit the usefulness or safety of the airport or constI M S a hazard aircraft or to aircraft navigation. S. The Lease shall be subordlnste to the provisions of Any existing or future agreement(s) tstween city of be-ton, th6 United States , State of Texas cr any agency of the Gov6rnle&ht ■nd Lessor and Leasehold premises relative to th6 operatieh or maintenance of the Airport: 6. This lease shall be subordinated to any 160se betw66N 'Lessor' and City of Denton, texas now in 6ff6et or wbeecoU6htly amended or superseded. VII. RIGHTS AND 001LIGAtIONS OF LESSEE A. Use of Leaned premises: Lessee shall be granted the non-oxcluslv6 prlvlt646 to • engage in or provide the following: Aircraft sales, restoration, their parts End related C0606- nents. R. Standards: Hanger Lease Agreement- page 06 Eycel Aviatlon, Inc. Fox Five One. Ltd._Z'42~~'_ 6 -Or ls' • w • AWU NO. Acen" item Otir Lesser shnII nic t o+ exc.ed the fol Low Lrw it a udar ds' 1. ADDRESS. Lease shall file with Fr)„ SI, Lt I. and keen current Its mallinn addles. telephone number(s) and place where lessee can be reached in an emergency. 2. CONDUCT. Lessee shall require Its employees to abide by tho term, of •.hls Aq'eement. Lessor shall have the right to r,rmptly enforce Its cnntractual rights In the event of default or such covenants. 7 LAWS. _Oesrr al+all comply wlth all current ani future federal, state and local laws, rules and regulations wH 0, may apply to the conduct, of Lessee's business, includlng ,ulas, reguletlnns and ordlnercos promulegated by the city of Denton. Lessee shall Fern In effect and post In a prominent place all necessary and/or required licenses or permits. 4. WASTE. Lessen shall not commit. or suffer to be committed, any waste on the leased premises. Lessee shall net maintain, commit, or permit the maintenance or commiselon of Iny nulsence on the leased premises. Lessee shall not uN the lAilld premises for any unlawful purpose. 5. CONI LILT. Lessee shall not do or permit anything tb b1 done In or about the leased grandees which Ah111 In any Lily conflict with any law, ordinance, rule, or rioUlitloh which 16 bh may hereafter be enacted or promulgated by any oublie authorlty and which affects the use or occupancy of the Wood primlibb. 5. ILLEGAL ACTIVITY. Lessee shall hot use the 1606d remises for any immoral, Improper, unlawful or oblectlonAbll rurrose. 7. MAINTENANCE Or MOpE'41Y. Lessee shall be responsible for the 'r►gUTlr And ivAl6l maintenance. repair and upkeep of all lsslahold prepArtyl buildlrgs, structures and Improvements, 1helUdi" thA Mowl" Of ellmlratlon of grass and other vegetation bn the 1611h8ld premises. Lessee shall keep the leashold prsllllll hilt, b11110 ANd free from any latent and patent defects. Lessor shall k•• ,espornslblr to repair defects evlitlng In thl Airplane hanger roof, airplane main door And cbncretl drlwWAv f surrounding the airplane hanger, concrete plrlklhq aril. Ahd • concrete airplane ramp which do not result from the Acts of thl lessee or use by lessee of the loosed premises. OUTSIDE STORAGE. Refers to storage of parts, equipment., supplies engine cons and any other things used by Lessee In the operation of Lessee's business which Lessee seeks to store outside of any structure placed upon the leased premises by • Lessor. Ilangar Lease Agr eeme page 07 • • Excel Aviation, Inc.} _._Fo■ Five O M , Ltd. A 7 ~ r • 0 • a • AparAl N& Lessee shell be rpr mIt ted minimal use of that the leased premises is kept In an or arty Mannar, non- Of-feosive to the rubllc or Lessors business Interest and such me not t0 distract from the orderly appearance of the leashald premises. 0. LmiAU11KN`IZED V4E OF PREMISES. Lessee may not use any of the leased premises for the operation of a motel, hotel, restaurant, orlvate, club or bar, apartment house, or for Industrial, commerclsl or retail purposes, except as authorized herein. 10. DWELLINGS. It Is expressly understood and spread that no permanent dwelling or domicile may be built, moved to or established on or within the leased premises nor may the rassae, his Invitee's or guostr be permitted to reside or remol, as a resident or, or within the leased premises or other airport Premises. 11. OVI1 POSSESSION. Lessee shell quit posesslon of all Premises leered and all ie,provements constructed or added therein at the end of the primary term of this lease or any renewal or extension thereof, and dellver up the oremLece In as a good cor,ditlon as existed when possession was taken by Lessee. 12. HOLD HARMLESS. Lessee shall Indemnify and hold harmless Lessor for all costs, claims made, Judgements taken or rettIemeote made b> or against Lessor for any acts and/or omisslont, of LOSsee. Its sgrrds, employees, Invitees, licensees, trespassers or other, who by negligence or intentional conduct cause damage to persons or property on the leased premises and/or common areas covered by this lease. Lessee further specifically ,elosses Lessor from any and all claims Lessee or third parson May have for lnJurles or damages may result from a latent or patent defect In a baJlding or structure 6xlstLng on the leasehold premises. 13. CHEMICALS. Lessee agrees to property store, collect And dispose of all chemical reolduesl to properly liters, eohfIM I collect and dispose of all paint, including belht spray lh !h1 atmosphers, and paint products; and to comply with all LWll State and federal regulations governing the htorlpi, handilhil Oh disposal of such chemicals and paints. 14. PARKING. Parking spaces she!l be Provided by Lasaor for • the benefit of Lessee and Lessee's pilest, vleltora and tnviteeia. Parking of motor vehicles shall bb restricted to the parklfid Am or vv tded by Lessor. Losses may net use any motor vehicle Woi1 the airplane ramp or Lirplane operations area. This provlelon MAY hot altar or sopersede the restrictions Piieed by the city of Wtoh on use of motor vehicle on al,-port property. Hangar Lease Agreement- Page 00 ~J'J~ • • Excel Aviation, Inc. ox Five Onai Ltd.y~_ e • v • APnds IDIm Or1 C. SI6Nr.r During the term? of this agreement Lessee shall have the right, at Its own e.rense, to place in or on the lease premises mignt idernt(fying L,n,fo. maid signs shnll be of s size. shop* and design, and ple~rl at a Ioestion or locations approved by the Lesser arid the fJ h nr Denton. Ali signs shall remain In conformance with vnr n,eS1 Jfrectlonai g,sphlcs or sign program rwtebllshmd by tl,e rlt> or Denton. Lessor's ■nd the Clty of Denton arrroval shall net be withheld unreasonably. Sold sign shall be maintained In good repair throughout the term of this Agreement. Netwithstmnding any other provision of this agreement, -mid sign shall remain the property of the Lessee. Lessee shall remove. at Its exvenAe, all lettering, signs and riatsrds so erected on the premises on or barer* the expiration of the term of this Agreement and any extenslons thereof. VIII. SrECIAL CONDIIIDNS It Is expressly understood and agreed by and between Lessor or,d Lessee that this lease agreement is subJect to the following special terms and conditions: runways end la>Iways. that because of the present slaty thousand (","I) round continuous use weight bearing capacity of the texlways of the Airport. Lasses herein agrees to limit 111 aeronautical activity Including landing, takeoff And taxlindi to nlrcraft l.eving an actual weight, Including the weight of Its fuel, of sixty thousand (60.000) pounds or Ise$, Until such H*1 I. het the runway and designated taxiways on the Airport havi bi►m approved to handle aircraft of weights exceedlnd 90.000 boUlida. It Is further agreed that. based on vualiflid enair,i4ri110 studies, the weight restrictions and provIdlona of this e1WAa ma, be adJu~jted, up or duwn, and that the Ls,sseA Agraee to Abldi by any such change- or revisions as studies esAy dICLOS, 'Aeronautical Activity' refers to and Includes Iny activity of the Lesses or its agents or subcontractors. And letivitla► which if neither controls nor solicits, such as An Uh6olielt6d at unscheduled or emergency landing. Novii" ht diiredard of thi PTOV'ISIOne this section shall be sufficlant to eduaa thi Immediate termination of this Agreement aM ►ub}let the LISM to be liable for any damages to the Airport Ind L660or that hlsht result. IX. RI011i OF EASEMENT • City of Denton end Lessor shall have the right to establi►h easements. at no cost to Lessor and without approval of L►►A►a; uecn the leased ground space for the purpose of brovidlnd utility ' services to, from or across the Airport property or for th► constructtcn of public facilities on the Airport. However, any such easements ilia II not Interfere with Losses's use of the leased premises and asor shall restore the property to Its Hanger Lease Agreemeht- mg! 01 • 9 Excel Aviation, Inc._ Fox Five one, Ltd. g • O M1 • - o • r , AP* U& orlglnet cr ndltion ur^n the Instellet Ion of on ApAh b A} ty sere l a~-~ on, In, over of 'Inds, any such easement or the onC construction. X. ASSIGWIENT OF LEASE Lessee expressl)' covenants that It will not assign this Lase, convey more than (49%) of Its stock, deemed hererln to mean the controlling interest In its business, nor sublet. Mellon, transfer, nor license the whole ore any pert of the @Aid premises for any purpose, without the prior written consent of Lessor. Lessor does not seek to hinder Lessee's Ability to sell Lessee's business but rather seers to prevent the Assignment or trins Fey of this lease to persons who may purchase A controlling interest in Lessee's business. XI. INSURANCE PEOUIP£HENTS A. nenulred Liability Insurance. Lessee shall malntatn Centlnuouely In effect at all tires during the term of this Agreement. at Lessee's expense, the following InsUrAnce cover/1141 1. Com,nerclal General Liability Policy with at lean the rollowing minimum liability limiter rublic Liability A 1,000.000 per occurance hangar Xeepers Llab. s 250.000 per aircraft A 500.000 per Occuresnce 2. Aircraft Liability Insurance to cover all flight oreratlonz of t.!es^! in the amount of 01,000.000.00. Combined Single Limit Including Pessenoer liability. 7. All required policies of insurance shall name the City of Denton and Fox Five on! (Si). Ltd., Inc. as additional insureds and shall provide for a minimum of thirty (30) days written notice to the City of Denton and Lessor Prior to the effective date of ■ny cancellation or lapse of such Policies. 1 4. All Policies and limits must be approved by the Lessor In writing. • S. The Lessor shall be provided with a copy of all such polices. 8. Property Damage Coveragrr As set out above In paragrabh 111. B Lessor will provide Property damage inaurdnes aovPIN# i i • Hangar Leese Agreement- age 10 • • Exul Avletion, Inc._foX Five One, Ltd.-C~ r J lv • • 'f'. r 1 . r. . 1 `~,.`~:1R4 4 • 0 • A WMI 111M the but IdI"gs. and structures owned by Le rr Par] ses. Lessee will be responsible for payment of thin insur once ss set ant above. If Lessee causes damage to any building or st,uct,ire owned by Lessor and covered by Lessors n, cpe,ty damage coverage, Lee.sor shell hold Lessee kereless up to a d only to the amount of the property damage coverage held by Lessor. If Lessee's neglloent conduct causes more damage than to covered under Lessor's property damage Insurance. Lessee will b, resronslbim. Lessee further releases. ■nd holds Lessor harmlles f,nm any domacos ufiirh msy be caused by a latent or patent dofact Ir, the bo,II Ino nr structure owned by Lessor but leased by e,33ee . xii. DErAMT BY LESSEE In the evtnt that Lessee's cradltore shall fares Lessee Into Involuntary bankruptcy or that Lessee shall file s voluntary Petition In henk,urtcy or other procoedlngs In bankruptcy shall be Instituted, or r„y court shalt take ,lurladictlon of Lessee and Its assets pursuant to w ooeedings brought under the provisions or ■ny Federal neorganlxetlon Act, or Lessee shall be dlvested or its estate hareir by ntho, nperetlon of law: or Lessee shall fall to rerform. Leer and nb-er.e any of the terms, Cn1enAnr9. or conditions he,eYr, rn ntnlnod. or on its part to be performed, the lr;sor may give Le*Rra writren notice to correct such condition or cure Ruch default arid. If any condltlon or default shall continue for thtrt~ (in) drays after the receipt of such notice by LeR_see, then this Ies;r shall automatically be terminated. this provision does noy altrr er change the notice grid default r,~,lslcr set out hereln for non payment of leasehold -ontals. Pa ragrerrh rII.r. X111. CANCELLA110N BY LESSEE Les Ree msy cancel this agreement, in whole or In part, and terminate all c, any of Its obligations hereunder upon or after (1)e happening of any one of the followtng eventet ( t ) Issuance by any court of competent Jurlidletion of i P ~rmanerat InJuction In any way preventing or riitrilhihd thl till of said Airport or any part thereof for Airport bUrboaail (2) thl breach by Lessor of any of the Covenants or Adr1irW is eoht1 Nd 1 herein and the failure of Lessor to remedy such briach wIM A 1 re-iod of ninety (90) days after the receipt of 46 written hotitl of existence of such breach: the Inability of Loose* Jo U&I • sold premises ■nd facilities continuing for a IOMOir rerlod thlh (na) doss due to any law or any order, rule or rsgulition Of Shy anrrorUlet, governmental authority having Jurlodietion ovlr the orerations of Lessor or due to war, earthquaws or othiT c a"4141 r„ rA4 the assumption or recapture by thl Unltid stltbe -,vernmert or any authorized agency thereof for the molntinlAtl and operation of said Airport and facilities or Amy eUbetlhtlil pert or parts tharer.f. • Ilongar Lease Agreeme - age 11 oil • Excel fvlatlon, Inc. Pox Five One. Ltd. y_ l f1 • w • Ap n4 No. AMA ftem YIV. MISCELLANEOUS PP DNS A, Entlre Agieem^Q. This agreement constitutes the entire underetandinn betwrr.u the rattles and as of Its effective date sucersedes all pile, cr Independent Agreements between the parties co ve, Irig the sub Ject matter hereof, Any chn rope or modification hereof shall be In writing signed by both parties. n. Dlrid Ino FfFect. All the Covenants, stipulations and Agreements hereln shall e.tend to, bled and Inure to the benefit or the leoal r-pre*entatlves, sucessors end aselons of V e reSpectlve parties hereto. C. Swerabilltr. If a provision hereof shall be finally declare'd Vold or Illegal br an) court or administrative agency fining Jul l edict ien, the entire Agreement shall not be voldt but the remain: g rrorl'lons shell continue in effect as nearly as Posalble In accordance with the urlolnal intent of the nartlea. 0. Notice. Ar» netlre to be olven by one party to the ether to conuectlen with this r.ore,,ment shell be in writing end shall be sent b)' registered mail, return receipt ;oauested. with restage and registration fees prepaldr 1. If to Lessee, addressed to. Mr, WI 1IIam B. Baird. President EXCEL AVIATION, INC. Hanger 05, Sebre Lane Municipal Airport Denton, Texas 76207 If to Lessor, addressed tot rresldent rox Si, LTD, INC, Pt. 1 Box 102 Denton, Texas 76207 Notices shell be deemed to have been roc/lvld on the dltl Of receltiL as shown on the return receipt, 1 E. Hoadings. The headings used Jr, the Agr6►m►nt are intshdld for convenience of reference only and do not dlfih► jr limit th1 eCOP@ or the meaning of any provision of t611 Agreement. 1.111611 • and Lessor are required to notify each other 11 to ehln0ee lit their address. Such notification shall be by e►rtifl►d illllll return receipt requested. r. Governing Law. This Agreement Is to be construed In accordance with the laws of the State of Texas. Hanger Lease A2T#em*r+'-, Pogo 12 Ewcel Aviation, Inc. Fox Five One, Ltd. 12 • 0 r t • • Aom* ere. nPF4 lhm- IN 4I TTIESS IHEREOF , the pe"i's have executed this Agreement as of the day and fear written. FOX S1. LING., LTD. LEES'OR By: ~(f'J F.O. STRICKLER. PRESIDENT STATE OF TEXAS COUNTY OF DENTON , On this Jana.-- day of 7 1994, before me, thi underelaned Notary Public, Personally appeared F. b. atrieklarl known to me (or proved to me on the bests of satisfactory evidence) to be the person who executed the within lnstrumant aA President of FOX FIVE ONE (St) LIMITED. INC. on behalf of the corporation thera:n named and acknowledge to ma that the corporation executed It. SUBSCRIBED AND SWORN TO BEFORE HE on th!s the 1JAM._day of, 1994, to certify which witness my hand And official. ~M°TaI~CMa ItwM wa NOTARY DUEL[[, SLATE OF TEXAS h a ow. my commission commission Explresr2(Q~ • Printed Name of Notary Public Hanger Lease Agreement- Poos 17 Excel Avlation, Inc. --fox flue One, Ltd. { A ,y r • 0 • ADOMA No. EKC L A IA I I erg UI STATE nr TEXAS coVNry or oENTJN ° //JJ e On 019 ~•dey of ,,1994, before moo the underelgned Notelr Public, Personally appeared William 9• $61rd bnown to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument lndividuslly as WILLIAM 8. HAno d/b/s Excel Aviation, Inc. Ind acknowledged to me that he has voluntarily executed this Lease agreement and understands the terms set fo.th therein, rareia NOTARY PUSL10. STATE OF TEAS MrmCM l AMM ^M Mr Commission Expires: • ar.+.rre r rw ~12at~I.K.-n/Je e.e~ Printed Name of Notary Public • Hanger Les.e Agreement page 14 • Excel Aviation, Inte-~-ox Flve one, Ltd. ' • • 11 ~ a, , • r' . FIELD MDTES 10 ACRE NA1~1ER tkAtt IN t1E taSY RIRtVEVI ABSTRACT 12tu, CITY or DENT N, b"tDM t "TVI tE%AB. ALL MAT CERTAIN TRACTIult PA ML1oor LPM bEMtLvilO 1NrIt/NSt. ltd ftfAm , SURVEY, ABSTRACT 1287 C BEIND MORE FARtIC41AA1-Y DESCRIBED AS FtB.bwgl COMMEMCIMB AT AN ITtaM F1M AT tf1E NOht1EASt L bF A 4.1333 ACA£ TRACT LEASED BY t11E CITY OF DENTON TO Fag oil 71EMCE SOUTII 77 DEGREES 37 NINUICS 00 SECONDS MEBt A D15tAMCE tW 132.46 FEEL 70 CIE MOAfII En9t to*" AND OEM" T11E hatMf-{IF- BEBINNINO of INC IEREIM DESCRIBED ThACi1 111EMCE owl" 71 DETAIEE/ 31 MINUTES 00 B-cUWvS IIEBt a 01SIM M bF 141.71 FEET 10 THE MORIN MEBT CDfd1ERl T11C1ME BOUTO 12 IWOMES 25 MINUTES M OEM") EASt A DtafAMCE OF 111.0 FEET to THE BOUTIBIEIT ca1MERt 111E MM F 4MIR to 77NEEoRtEs S~t IMU R`o BtmWe EAgi A DIBIMICE aF iMENCE NDhiM 12 MOMES 23 MINUTES 00 btl:040e 1E11t 141.o PEEt ttf l2*TI4 aAST FCIEx ESt ER AND , TIM Nth LAW. Alb tOWAIRIND 70 , 0 1 • 1 • r n • • i PHOTOCOPY N ' " 1 J so~'r.l , s p A SCALE 1' ■ 50' • N 3 . • . r • ~ ~y 1~. *yi 2 X t+~.k~ad.z l~l+l`a • w or fDENTON ~~apo0000 000 00~~ N~< 00 Vep O` 00 d o - o 0 0 0 C p 4 pOO r ~ Ov0 04 0 N, z ti000 ~ooaoaaoo° • CITY COUNCIL ~ • 1- a • n #gMNo 9S"'~-3S Ap1R108hefq~~,.~,,~ CITY OF DENTON, TEXAS MUNICIPAL HUILDiNG • DENTON, TEXAS 76X t • TELEPHONE f817) b6"W7 CITY COUNCIL REPORT Ofte of the City Manager TO, Mayor & Members of the City Council FROM: Lloyd V. Harrell, City Manager DATE September 29, 1995 SUBJECT Resolution Of The City Council Of The City of Denton, Texas, Approving The Sublease Of Airport Property By Fox-51 Limited To Children's Airlift Command; And Providing An Effective Date RE COMMENDATION: Staff reconunend3 the adoption of this Resolution. BABA KGROUND: This is a standard sublease for hangar space located on the north end of the Airport. This hangar is part of the existing lease between the City of Denton and Fox-51 Limited. Fox-51 Limited proposes to lease Hangar No. 3 to Children's Airlift Conunand for the purpose of transporting ill children to hospitals and clinics The Airport Advisory Board unanimously recommends approval PROGRAMC DEPARTMENTS OR GROUPS AFFECTED: 1 None. • FES t. IMPACT None Please advise if I can provide additional information d RESPEC LY SUBMITTED, r • ~ 1 Llo d . Harrell City Manager "D edkaud 80 Quality Service" e - • i ; Ada Ma AW& tam Dsb City Council Report September 29, 1995 Page 2 PREPARED BY: Joe Thrnpson Airport Manager APPROVED BY; i Josep ortugal Assistam to the City Manager ATTACHMENTS: 1. Minutes of Airport Advisory Board, March 22, 1995 2. Lease - Fox-51 Limited 3. Sublease - Children's Airlift Command • • r L E:\YP00CS\EES\CR1LDS£".A1E AP* Na. !;EMI lea Do RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING THE SUBLEASE OF AIRPORT PROPERTY BY FOX-51 LIMITED, TO CHILDREN AIRLIFT COMMAND; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton has leased airport property to Fox-51 Limited ("Fox-51"); and WHEREAS, Fox-51 wishes to sublease hangar space to Children Airlift Command; and WHEREAS, Fox-51 is required to obtain the city's written consent to this sublease; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON HEREBY RLEOLVES: SECTION I. That under paragraph XI (Assignment of Lease) of the lease between the City of Denton and Fox-51, dated April 1, 1986, the City of Denton gives its written consent to Fox-51 subleasing to children Airlift Command (David Fleming), Han&.,~r No. 7, Sabre Lane, Denton Municipal Airport, Denton, Texas. SECTION II. That consent to the sublease is subject to and shall be considered valid only for so long as sublessee does not store wrecked or permanently disabled aircraft, aircraft parts, automobiles or vehicles of any type, or any other equipment or items which would detract from the appearance of the leased premises, outside of its hangar or fenced areas. SECTION III. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1995. • BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY • , • • BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY A RNEY BY • p • i n MINUTES AIRPORT ADVISORY BOARD MARCH 22, 199: CHAIRMAN - GEORGE GILKESON VICE CHAIRMAN - TERRY GARLAND THE CITY OF DENTON AIRPORT ADVISORY BOARD MET FOR A REGULAR SCHEDULED MEETING ON MARCH 22, 1995 IN THE AIRPORT TERMINAL, 5000 AIRPORT ROAD, DENTON, TEXAS. MEMBERS PRESENT: George Gilkeson, Terry Garland, John Dulemba, M. D., Don Smith, James Jamieson, Jim Risser and Mike Stephens MEMBERS ABSENT: None OTHERS PRESENT: Rick Svehla,Deputy City Manager Joe Thompson, Airport Manager Jeanette Scott, Secretary Chairman Gilkescn called the meeting to order at 5:50 p.m. 1. CONSIDER MINUTES: The Board considered the Minutes of the regular meetin: )f January 25, 1995 and special meeting of February 22, 1995. Minutes approved with corrections. • II. PUBLIC SESSION: Public nct present. III. DISCUSS FOX-51'S LETTER ON Lc.ASING TO CHILDREN'S AIRLIFT COMMAND • Chairman Gilkeson informed the Board that he had reca4v2d a letter from Frank Strickler of Fox-51 regarding a sublease with Children's Airlift CouLmind for hangar space. The sublease is for aviation related activities and transportation services. Chi?.dren':a Airlift Command I i J~v • 0 • Airport Advisory Board Minutes Aptia no March 22, 1995 Page 2 is a nonprofit organization which provides transportation to children for medical treatment and will fly within a five-state radius. They have applied to the State of Texas for a nonprofit status. After discussion, it is the Board's recomm3ndation that staff request an opinion from the Legal Department regarding whether their nonprofit status would apply to rental of the hangar by Fox-51, Ltd. Deputy City Manager Svehla informed the Board that this sublease would be a regular sublease of Fox-51, Ltd. and would have to be approved by City Council as other subleases. Chairman Gilkeson stated that Frank Strickler will charge tax, unless they are granted a tax exempt status. If they are approved as a nonprofit organization, then FOX- 51 bills them less tax and they get a tax-free lease. Airport Manager Thompson advised the Board that the request would have to be forwarded to Legal for an opinion. Deputy City Manager Svehla stated that the state and federal governments are the only ones that could grant Children's Airlift Command a tax exempt status not the 1 City of Denton. 0 Chairman Gilkeson stated that he understood that FOX-51 pays taxes on the hangar that is being leased to Children's Airlift Command and that it would be a sublease. Frank Strickler doesn't want to bill them for the taxes. Board Member Smith stated that Fox-51 passes the taxes along to children's Airlift Command. • Deputy City Manager Fick Svehla stated that because Frank is the owner of the '.)wilding he would have to pay taxes. 0 0 • A • r IqA Call Airport Advisory Board Minutes March 22, 1995 Page 3 Chairman Gilkeson asked if this request should be forwarded to the Legal Department because Frank Strickler wants to kn^w whether to charge them tax or if there is going to be tax on that lease. Deputy City Manager Svehla advised that if Fox-51 is only subleasing and Fox-51 keeps the building, he's going to have to roll the taxes into their lease. Board member Dulemba questioned if he owned property and leased it to a church would that relieve him of taxes. Deputy City Manager Svehla stated he didn't think so because you are not a tax exempt entity. The church may be but you are not, therefore the City would charge you taxes. Deputy City Manager Svehla stated that if Frank is leasing the hangar to Children's Airlift Command then the standard sublease has to go to the Council for approval. Chairman Gilkeson stated that the lease itself is no problem, it's the tax status. Board Member Jamieson stated that there are two groups in the metroplex that fly care missions of all age groups but he has not heard of Children's Airlift Command. Chairman Gilkeson stated that it is newly organized. He • met the pilots and was very impressed with them. one works for American Airlines and the other for American Eagle. Board Member Garland requested that they appear before the board and give the board an overview of operations. , Board Member Dulemba made a motion to recoruaend that Children's Airlift Command be approved as a sublessee of Fox-51 and to forward a request to legal to research the tax-exempt status issue and prepare the necessary 4 01 • Q • ApeeAe Nt Apia Item Airport Advisory Board Minutes Ore March 22, 1995 Page 4 documents for the sublease to be submitted for Council approval. Board Member Garland seconded the motion.. Motion Carried. IV. AIRPORT MANAGER'S REPORT A. City of Denton Municipal Airport Standards. Airport Manager Joe Thompson stated the Airport Standards include the master plan, height hazard anH everything that was completed last year. The proposed development standards are enclosed for review in developing standards for the Airport. The Boards' last discussion was regarding the deviations from the current Building Standards and what could be done to set different standards. Mr. Thompson advised that these standards are taken directly out of our existing Building Codes, Street Requirements, Parking Lot Requirements and Space Requirements. The proposed standards are submitted for the Board's review, comments and recommendations. Deputy City Manager Rick Svehla advised that these standards are in effect now, but that they are marked proposed so the Board could begin discussion and 1 obtain dialog on the directions you want staff to take. Previc;usly, the Board has shown concern about • parking lot requirements and floors in the hangars. Staff would '.ike to know what you, as a Board, think needs to be at the Airport in terms of requirements and/or variances from the ordinances. Fees for ground leases that are being charged at other airports have been provided to the Board. Hopefully, over the next several meetings the Board could present its • suggestions for revisions and staff could take to the • • J appropriate boards, e.g., the Board of Adjustment, Building Code Board, etc. Obviously, what I would really like to do is recommend to the Board of Adjustment that the Airport Advisory Board is • 0 • a • AWO KIM AIRPORT LEASE AGREEMENT COMMERCIAL OPERATOR THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON I This. lease is made and executed this day of 19 &i , at Denton, Texas, by and etween the ty o Denton, a Municipal Corporation, hereinafter referred to as "Lessor", and Fox-51 Limited, a corporation of The State of Texas, having its principal offices at Rt. 1, Box 102, Denton, Texas 76205, hereinafter referred to as "Lessee". WITNESSETH: WHEREAS, Lessor now owns, controls and operates the Municipal Airport (Airport) in the City of Denton, County of Denton, State of Texas; and WHEREAS, Lessee desires to lease certain premises on said airport and construct and maintain an aircraft hangar and related aviation facilities thereon; and NOW, THEREFORE, in consideration of the premises and the mutual covenants contained in this Agreement, the parties agree as follows: I. CONDITIONS OF AGREEMENT NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY HEREINAFTER CONTAINED, THE LANGUAGE IN PARAGRAPHS A THROUGH D OF THIS • SECTION SHALL BE BINDING. A. Principlesfof 0perations0perations The right to, conduct aeronautical activities for furnishing services to the paM c is granted the lessee subject to Lessee agreeing;,. • 1. To furnish said services on a fair, equal and not • • unjustly discriminatory basis to all users therecf, and f • 0 11 • 0 • / AWAI Ib AWO MM Dan United States Consumer Price Index, All Urban Consumer (CPI-U) for Dallas/Fort Worth, Texas, as compiled by the U.S. Department of Labor Bureau of Labor Statistics bears to the February, 1986 index which was 317.0 (1967 ■ 100). The land rental amount is now based upon 07 ($0.07) cents per square foot per year for the land herein leased. These four rental adjustments, if any shall occur on the following dates: April 1, 1991 April 1, 2001 April 1, 1996 April 1, 2006 V. RIGHTS AND OBLIGATIONS OF LESSEE A. Use of Leased Premisas Lessee is granted the non-exclusive privilege to engage in or provide the following: 1. Han ar Lease and Rental. The rental or lease of angars an hangar space and related facilities upon the leased premises. 2. Office S ace Lease or Rental. The rental or lease of office space in or a o n ng Lessee's hangars. 3. Aircraft Stoma a and Tie-down. To provide parking, storage an tie-down service, for both Lessee's and itinerant aircraft upon or within the leased premises. Lessee, his tenants and sublessees shall not be authorised to conduct any services not specifically listed in this agreement. The use of the lease premises of Lessee, his tenants or sublessees shall be limited to only those private, commercial, retail or industrial activities having to do with or related to airports and aviation. No person, business or • corporation may operate a commercial, retail or industrial business upon the premises of Lessee or upon the Airport without a lease or license from Lessor authorizing such commercial, j retail or industrial activity. I B. Standards • Lessee shall meet or exceed the following standards: 1. Address. Lessee shall file with the Airport Manager • • J &-n-d--Fe current its mailing address, telephone LEASE AGREEMENT/FOX-51 LIMITED/PAGE 9 • 0 • r ~ AsA ~'nau OW property to its original condition upon the installation of any utility services on, in, over or under any such easement or the conclusion of such construction. XI. ASSIGNMENT OF LEASE Lessee expressly covenants that it wil! not assign this lease, convey more than forty-nine percent %491) of its stock, deemed herein to mean the controlling interest in its business, nor sublet, assign, transfer, nor license the whole or any part of the said premises for any purpose, except for rental of hangar space or tie-down spat., wi~hout the written consent of Lessor. Lessor agrees th:; it will not unreasonably withhold its approval of the stle or sublease of the facilities for activities directly related to Lessee's activities or operation. The provisions of this lease shall remain binding upon the assignees, if any, of Lessee. XII. INSURANCE A. Re wired Insurance. Lessee shall maintain continuously in effect at a t mes uring the term of this agreement, at Lessee's expense, the following insurance coverages. 1. Comprehensive General Liability covering the leased premises, the Lessee or its conpany, its personnel and its operations on the airport. 2. Aircraft Liability to cover all flight operations of Lessee. 3. Liability coverage for errors and omissions on the part of the Lessee or its officials. 4. Fire and extended coverage for replacement value for all facilities used by the Lessee either as a part of this agreement or erected by the lessee subsequent to this agreement. • S. Liability limits shall be in the following minimum amounts: Personal injury: $ 500,000 per person $1,000,000 per occurrence • Property damage: $2,000,000 per occurrence • • 6. All policies shall name the City of Denton as an rA ditional named insured and provide for a minimum of LEASE AGREEMENT/FOX-51 LIMITED/PAGE 16 O S 0 • - o • r„y rT;r ni IF. 1TD.. I 1; woo Illil uklR I F.ASr AGI"EV1EN C STATE Or iEtfA4 VIM AL.l. MFN PY IICIF rpF4FN1S Co(o4ly nr t+wn11 11,11 lean 1~ mdrh~^.n ~ ev..rutnd this 15~Wdar of y t Penton. Denton County Teyss. by end hetwe.n my rn r nNr, Iin TNr, heiPitafter referred to as T earer'. An{ nAV14 r;, Plan,{n, r,/P/A Children's Alrllft CoMmAnd her PInafter "lease.`. ha„inn I t + rrInc Iral offices at Hangar / 7t Cabre Lnne. Il+n+f r Irel Alrrnr t, Penton. Texas 78207. r WITW SSETN: wheress. I.essnr nrw leasrs, controls ■nd operates car W h property on the Denton Munlclpol Airport (Airport) In the city or Denton, State of Tens, and Whereas. teasee deal-es tc sublease certain premises on sold property for the Purpores sat IF rth herein. Now, Therefore. In consld.,ration of the promises and mutual covenants cunt AJnwd In this agreement, the parties agree es follows I, EFnaFD rRFNiSES AA r,a..l h.,-in tl-,e 'I.Asnd property, 'lensehold.' .Pr.mlces' And/n, nor •ynn n,m ahmIl Inelu,_'e the land daacrlbed In Fyhlbl! 'A' which Iw nltn~l~~l berate And inroroorated herein as If folly rot nut en.l •I Imrrm emo Pita th.renn, the Ie Am-l r, ^mlcna •LAII Inc hide the rlaht of Inn, ne4 and egress to Bald rronr,ti: and the rlaht, In common with r.thers no AUthOrl2ed. Of passAOA uron the Airport property aAnrrAlly. subject to reasonable reaulatJO n by the City of Denton end Lessor. 11 . TERM I The tare of this agreement ehsll be for • period of tour (e) years. commencing on the 1st day of April 1995, and continuing through the lit day of April. 1999, unless earlier termtnated under the provisions of the Agreement. • A. Reneaotlsted Lease Term: Lessee shall have the right to renegotiate this lease foi one additional five (S1 veer parlod at the end of the pr11hiry term of four (a) )Mere at A renegoltated rental And under such terms as are mutually eareed upon by the Lessor And Loose. • Hangar Lease Agreement-Paae 01 • • Children's Airl!ft Command-h bi~_ __rox rive OnAI ttd._,gt'3-~ 1 • as t AP* AOWA Lee see 's wish to ren-gntlate this Lessee must • n de!lvereed to Lessor At least one hundred eighty (1 0 thq expiration of the primary term of four (4) yeas. B. Notice of Termination Of Lease After primary Term: If leesea derlre. to terminate this lease at the •vp1Tetipn of the primary four (a) year term. Lessee must alve Lessor written notice nr his Intent not to renegotiate the lease for an additional flue (s) r-,, term And rich notleo must be recslved by Lesanr at leA•t r`ne hundred einhty (180) days bef ora the explration of the -1 - y term. TII, r'AVMENI5. RENTALS. DU OSIT5 AND FEES Lessee Aorecs t~ nay lee,.nr es con.ideretlon for this lease all payments, rent a ll. r1.noslts and fepm more n+r'Ic is l are lr described below' A. Rental: 1. Base Rental Cc, re,lnd of April 01. 1'Oq5 rh,..uoh Anr II 01, 1919. Lessee egreee to rA, the sum of narehlm In fortyelght (4B) equal mont hlv Instellmenrs In the amour,!. of DOLLARS pnr mint h, 2. Security deposit. least* agrees to nay a security deposit of payable when the 16611 it signed and refunded at the and of 40 months. The deposit will bl used to cover any repairs nec•ss&•y when the Lliill h11 completed the, term of the lease. e. Adjustments: Lessee agrees Arid Uhdefatlhdl thAt 1.111E1 holds a lease with the City of Dc^tcn and that USd►r the 161681 the City of Denton has the right to •dJust the Llelotl 41ht11 Of the Leasehold premisee according to the Unltld Wt61 Colt of Living Indew for the Gallas/Fort Worthi fulls Stllldlid Metropolition Statistical Area, as compllid by the VIC Department of Labor, Bureau of Labor Statlstlce) If the D1tY of Denton increases the Lessor lease payment) L►Ieli fgrill Ifld understands Chet Losses's base monthly rentll osya6nt will • Increase by the Percentage Ircrease in L►esoti 16606 p/ym►ht td City of Denton. This Increase is referred to 06 the' AdJuatInlA)tas Hangar Leese Agreement- fsge 02 4 • Children's Airlift Command F----Fox Five One, Ltd._fs . • 2 1) • a • i C. taxes: Lessee shell he r0 Ponslbls for s9ARnE~o1 sJ toes accruing against the Lea.nd Premises. Lasso 40 to Lessee a copy of any tax statements or demands taxes Lessor receives from any taxing entity. Losses will have ten (30) days after Tecelot of any tax statement to Pay lessor for the tares on the Less" Premiaes. D. Insurance: Lessor will Provide insurance eoveraoe to Protect the Lessor egnlnst damage to Lessor's buildings and structures located upon the Leased Premises. Lessor shall be the named indUred and said insurance shall Provide Lessor With coverage for all perll.. Including but not limited to, lire, wind, rain, hail and other catastrophes. Losses shall. be responsible for Payment of the Premium due for any such insurance, Lessor shall provide to Losses. upon request. Proof as to the cost of Insurance. Lessee shalt have ten (lo) darn after receiving notification of the amount(s) due for In-wursnce to par Lessor for the Insurance. E. Utilities: lessee shalt pay all expenses In connection with the use of Premises and the rights ■nd privilege herein granted. including the timely Payment of utilities. F. Late Fees: All rental payments and other payments (A-E) due Lessor from Losses shall be dclivered to the (roe 51. Ltd.t Inc. office, Denton Munlclbal Alrbortl u"isis otharWiN designated in writing by the Lessor. Payments Whlth Sri kart thin five (S) days Past due shall be dssessid i biniity bf phi kilt (1/2) of one percent Per day. compounded dilly! 10 kith d1y if frsct!on thereof which the rental Payment or ?AI ll. Bdf• ENJIM id days Pest due. Any Payment which to to dare bait dUs Mill bi considered a default under this lease and said default may bi cured If Payment and Jete fees art received by Liieef 111thiR l9 days of due data. IV. Ireso tHPPOVENINf! LESSOR SWILL PROVIDE THE FOLLOWIW 1HPaoVtHM61 Aircraft hanger IN feet by " feet in 61::11 ihd AdJacent driveway. Perking dreg, end IlrM18116 f140s For the Purpose of this Agreamenti the term 'LSiisr improvements' shall mean those things on the Weed Primisis belonolno to, constructed bys or to be cort•ttUct6d by the Leaser. Unless otherwise noted herein, all Lessor ImbrovsleihLi i ari and will remain the property of the Lasser& • V. LESSEE IMPROVEMENTS A. Required Improvements: I ender Lease Agreement- Psoe 07 • Children's Airlift Command .CL6f _.,.-_Foa Five One. Ltd._~__ ' 3 A r • yell/@ Nat As part of the consideration for the granting f~ in X194 Lm•.sor. Lessee is re•rllred to and hereby agrees 04 otherwise mak. Imnrov,mert. to the promisee, as soot but not lim!ted to, the following: 'L essme s1e11 )n-lmil a fire safety and firs hazard eYetAm Provldlna fm at I.nst twonty-four (24) hoUr per day fire department menlto,IT" of All buildings and strUCtUres eaisting upon the tea=e6.~ld r,rmi"s. This fire system shall be considered a non-removmble f I xfuT. whlrh shall remaln Upon the 1660ed premises at the exnlrattnn 01 the lease.' B. construction Tmprovemente: Losses shell have the right to Improve or Alter the 16661d premises and to Install fixtures thereon, provided that AnY aUth improvements, or alteratlons shall not be made W1thoUt the prior written consent of Lessor. C. ownership of Improvements and Removal of improVementer All hulldinas mnd flxtul.s planed or constructed upon the promisee by Lessee shall remain the proPortY of the Lessor. Lessee shall be allnwad to remove all non-fixtures An long on the removal will not miter. rha nn., dmmm" mr affecl th. Lased Property and L.e~o, -ri..! Impi'^vements. Any tmn, ov.m. nfS remaining upon the 7emeed rr.mirrq at the end of t)hr rr lmery term, Or AMY extent I rn t11r1 .`"f.nf this lease 1h811 put om.t leml ly become the property of I.«n+ nhnnt-itely In fee without nn: root to Lessor. ShnuId this le.-ia^ h. r.,nceled for env +ma•.^n t Fr,o the end of rha pr lmmrY Lew in of fo~n fa) mare or m.,v ext.nm ion thereof, ■ll lmprov.menrs r+f whatever nature remainin7 upon the leased premises steal) nutomntically become the property of the Lessor. V1. CONDITIONS OF AGREEMENT A. Principles of Operatlons The right to conduct aeronautical activities for furnlshlh0 services to the Public is granted to Lessee subJect to Lesaae agreeing to: 1. Furnish much services on a film Atauail end hoM- discriminatory basis to all users thereoff and 2. Charge fair, reasonable end rton-dlAcfitllnAtory PtUAI for each unit or servlcal Pravlded. that thA Lbe*46 My III allowed to make remsonnhle non-discriminatory dlatounta, rabiltilia or other similar trn•n of Price reductions to VolUme bUrc"O#t f, Hangar Lease Agreement- Page 04 • Children's Airlift Command ME Fos Five oral Ltd. 1425 1 1, • 0 • 4a • i t 9. Non-Dlscrlminntlon A.+ N11. The Iqr" e. for himself, end kin Perennel r oWentat as a part of the conef.leratlon hereo.. does h4re y co agree as a covenant runnino with the land !hate i. No person on the orounds of race, religion, color, 6601 or national orfoln shall be excluded from participation In, dented the benefits of, or be otherwise subjected to discrimination in the use of said facilltlesl 2. No parson on the orounds of race, religion, color, sex or national origin shall be excluded from participation in, dented the benefits of, or otherwise be subjected to discrimination In the construction of any Improvements on, over, or under such lend and the furnishing of eervir,es thereon: and 3. Lessee, shell a-to the premises In compllancr with all requirements Imposed by or nursuent to Title 49. Code cf rederel Regulations. Department of Transportation. Subtitle A. Office of the Secretary, part 21. Nonrllscrlmination In Ir"4rally osslsted Programs of the pepertment of transportation-tffeatual of Title V1 of the Civil Rights Act. of 1964, and as said Regulations say be amended. and any nther rule, regulation or 1AW of the tUkltid Stites or St-to of Texas. That in the event of breach of any of E66 abovs hbn- discriminatory covenants, Lessor shall h8V6 Eire right tb toralnate this Lease and re-enter and repossess 6Aid 16hd And thii facittti h thereon, and hold the same is It Wd LAA/A hAd 114411 been made or issued. This Provision doh het WWI 0#66 MV Until the Procsedure of 49 CPR P/•L 2i Are foiidW/d And t66ill/tld Including expiration of appeal -Ights. C. Right of individuals to Halntaln Alrcrlft i It is clearly understood by the 1.6nb th/t ho r18ht of j Privilege has bean granted which would opbratf t$ pYAWht IMlt Person. firm or corporation operaElnd iirctAft 80 thi 61to6ft from Psrformina any services on its own 61tetAft With itit (hill regular employees (including. but not limttbd tai W AShAM& IM repalri that it may choose to Perform. D. Non-Exclusive Right it is understood and agreed that noW nd hdrain contelhAd ■hall be construed to grant or authorize the OrAhting of sh exclusive right within the meaning of Sectlen 1541 of Vitt* 431 • U.S.C.A. Hangar Lease Agreement- page 05 children's Airlift Command h9F Pox Five Dnsi Ltd._ s v~ • mom~ t MMe Do E. Public Areas 1. City of Denton reserves the right to develop or Improve the lending area of the airport as It mess fit, regardless of the desires or views of the Leese, and without interference or hlnderancet 2. city of Denton shall be obligated to eathtalh and keep in repair the landing area of the airport and all publicly owned facilities of the airport, together With the right to direct 6hd control all activities of Lessee In this regardl 3. During time of war or national emergihcyt City of D6ht8h , has the right to lease the landing ar6A or any park theradf to the State of Texas and/or the United Skitil 00Vithosht tat Military or naval use, and. if such Masi 16 Iaactltedt the provisions of this instrument lnsofar At thbY art lhcbheibteht with the provisions of the lease to the Oovarhalhtl 6ha11 be suspendsdt 4. City of Denton end/or Lessor r6servse the right to We any action it considers necessary to protect the aetlal ePoroachas of the slrport ■gslnst obstructions together with the right to prevent Losses from erecting or permitting to be erected, any building or other structurb on or AdJacent to the airport which, in the opinion of the City of Denton or L686ori would limit the usefulness or safety of the airport or constitute a hanrd aircraft or to aircraft navigation. s. The Lease shall be subordinate to the provisions of any existing or future agreement(s) between City of Denton. the United states , state of tarn or any agency of the Government 1 and Lessor end Leasehold premises relative to the operation or MainEonsnce of the Airports 6. This loose shell be subordinated to any lease hetwesn 'Lessor' end city of Denton, tens now In effect or subsequently emended or superseded. VIZ. RIGHTS AND OBLIGATION! OF LESSEE A. Use of Lensed Premisear Lessn shall be granted the hon-iirc1U614 btllrlllge E8 snosee In or provide the followings Transportation services and hangar rental. • S. standards, Mangar 11196 Agreement- Pegs Oe • • childran'6 Airlift command fl~koa klvl Ohla Uds a 6 " • a APWI 1ia Lessee shell meet or oKceed the following t&Ww" 1. ADORES',. Lessee shall file with Fox 51, Lt current Its msillno Address. telephone number(s) and Lessee ran be reAChed in an OMaroenry. 1. rpetrH/rT, Ir-:r rn 1hA1l rpT.,lr, Its emrlov"e to Abide by the terms rf thl AOi 4,,ne nl. Ie•,or -halt have tl.r riaht to promptly enforce it,. ",nrrrr1nA1 rlnhtA In the event of rfafeult of such covenaotr;. 3. LAWS. Le,rrrr, shall ronirly with all current end future federal, state and Inr..l low,, ,ules end reoulatiru, which may apply to the con,fuct of Les-~ea's buslnass. including rules, regulations and ordlnAnces rromulaasted by the City of Denton. Lessee shall keep In Affect and post in a Prominenb platy all necessary and/or required licenses or permlts. 4. WASTE. Lessee shall not commit, or suffer to bi committed, any waste on the leased premises. Liasea hhbli ME maintain, commit, or permit the malntenahC6 or colOniN610% bf IHY nuisance on the leased premises. Lsssee shall not U99 the iiifild premises for any unlawful Purpose. 5. COprLICI. Les-ee shall not do or permit anything to ba done in or about the leveed premises which shill in any WAY conflict with Any law, ordinance, rule, or regulation which 16 or may hereafter be enacted or rrom!-Ig,tec by any Public authorltY end which effects thA Vsr rr .occriran<y of the tossed promises. F. I1.1FCAi nrITvt7y. I.rgeee thAll not. use the leased premises for enY immr,sl, ImrrOpeP', unlawful or objectionable PUT pOoO. J+{ 7. MA1NT£/JM tCF nF rROrFRTY. Losses shall be responsible for the regular and routine maintenance, rerslr and upkeep of all leasshold prokertyP buildings, structures and lmprovemente, including the mowing br elimination of gross and other vegetation on the leashoid premises. Lessen shall heap the leashoid premises neat, clean and free from any latent and patent defects. Lessor shall be responsible to repair defects evisting In the airplane hanger roof, airplane main door end concrete driveway surrounding the airplane hAnoer. concrete parking area, and concrete airplane romp which do not result from the acts of the lessee or use by 1 "See of thr leased promises. • S. CMITSIIIE STORArrE. Ref Art to storage of pirte, equlPment, 9upplta9 enolne cars and any other things used by Logsee In the operation of (-ease-'" huelneas which Lessee seeks to story outside of Any ntrurfvre placed upon the leased promises by Lessor. Hanger Loose Agreement- rage 07 • Children's Airlift Command Q.C P Fos five Onai Ltd. 7 • 0 • ~~Ap1N& Ma Lessee shell he POrmltfe.f minimal use of outside g"*JJ•~r_e, ~.~,r~ that the Inn+.nd rv rm l'roz ie F•rt In en orderly nor, hoh- offenslve f0 Pf~n rod in nr I.-0or'a husiness Inter not to dl strut From 2110 nr~lnrly erPearance of the leas o P, elnlsee . 9. U!A„ilinpi?rP ircF M MEHISES. Lessee may not Uwe any of the leaned Premise* fo, Lhe operation of a motel, hotelI restaurant, private club or bar, apartment hoUSa, or for IndustrlaI, commercial or retall purposes" except as muthoricad herein. l0. DWELLINGS. It le exoressIy understood and agreed that no permanent dwelling or domlclto may be built, moved to or established on or within the leased promises nor may the Lessee, his Invitee's cr rn/atla bi Permitted to reside or remain as a resident on or within the leased Premises or other airport premises. e 11. 01111 1`10"F4•.I nil Inn-n. thnlI mdt PrR^^elnn of nil premises leeTnd nr„f nl! Imr~r~., u,,0~ c-ui-.rf u~ted nr •-41n~1 rh.i nln at the end of 1h~ r', t•, in r.f fill- I.ne. nr am rr 1.,. Pl n. e l,tensInn thH nor. ~ni 1•!i iq fhn f•. nmiues In An n ~pv.-i cOnditinn n• n,i--r..~l n~L u, - ~*.-I~m na^ Inl•u by I,- r 12. llnt,• ilnrttlr 1'1 r.1,n 11 In.lomnlfy And Ifa1 11110 nil.ce Lessor f0, ell cant a, rIAJM~ made. Judgements tAken or settlements moor!. by n, nnelnaf. Lessor for any sets end/or omIsalons of Lessee. Its events. employees, invitees. licensees, trespassers or other, frf,o by negllganca or Intentional conduct emuee demsge to Persons or property on the leased premises and/or common areas covered by this lease. Lessee fUrthlr specifically releases Lessor from ■ny and ■ll claims Losses or third b&y&oh may have for Injuries or damages may rosUIL from a latent et patent defect in a building or strUctUre !,listing on tha leasehold premises. j 11. CHEMICALS. Lessee agrees to properly &Lor&,i eoll&et Ind dispose of ell chemical residuesi to properly &Lor&l eaht1hill collect and dlsrose of all paint, lncludin0 bllht &byly 111 14 atmosphere, and paint Products: and to comply Filth Ill 1.6c&ll State and federal regulations governing tho stohld&l hlndli4d bf disposal of such chemicals end paints. 14. PARKIIM. rar6ino graces shall be ProVldad by Lessor '}6f the benefit of Lessen and Loseeo's guest. vlsltorl 16d lnvlte&1of Parking of motor vehicles shell be rostrletbd L8 thl blrkliad &f&1 provided by Lessor. Lessee may hot use, any motor V&hlcld U ch th& A airplane ramp or airplane operations area. thl& br6061ort ills) flbt alter or supersede the restrictions placed by th& City et b&ht6e en use of motor vehicle on airport property. Hangar Lesss Agreement- Page 06 Children's Airlift Command IM F:' _-Fox Five Ono, Ltd._ ~ _ e • a • t r C. SI,NSr purl nq lh► terms nr Chia agrrane nt Losses sh l~ws right. at its own Puente, to place In or on the 1 e pram see signs Sdentifyinq teeeee. Sold sIors shall be of a swommww. ■nd design, and rlaceA it a location or locations ap Lessor and the Clh or Denton. All signs shall remain In conformance with any overall directional graphics or elan Program established by the rity nr r,er,t.on. Lessor's and the City of Denton approval shall Trot bn ulthheld unreasonably. Said sign shall be maiiitelned in pond terAir throughout the term of this Agreement. NoLwithstendlnq tiny other provision of this agreement, sold sign rholl remain the property of the Lessee. Lesse, shall remove. At Its erren=n, All lettering. alone and placeros so erected on the rreml=eA nn or before the explrotlon of the term of this Agreement nmi nn• e•tenslons thereof. V(11, SPFCIAL CON0171ONS it IA e•r~er-1. nnl. rr,~rl and Aoreed by end between Lessor . And Lessee Of,,, ti,i. ten=e ngreement le sub Ject to the following special terms and [p ndltlOnar Runways and ta.lway.. rhnt ber.euse of the present sixty ' thousand (6o,np0) pound continuous use weight bearing capacity of the taxiways of the Airport. Lessee herein soreAs to limit All aeronautical activity Including landing, takeoff ■nd taxiing, to aircraft having an actual weight. including the weight of its fuel, of sixty thousand (60.000) P.)unds or less. Until such time that the runway and designated taxiways on the Airport have bash approved to handle aircraft of weights exceeding &0,000 pounds. It is further sgrred that, boned on nualiflad ongint6rihd studies, the weight restrictions and provisiont of this elauaa may be adjusted. can or down, and that the Lesaaa Agrais to ablda by any such rhanoes or revisions as stUdlAs may dictate. 'Aeronautical Activity' referr to end lneludea ANY aetlVity At the Lessee or It. Anent- or aubegntraclore. and attlvltlao Whith If neither control. nnr .nllclts. such me an uhaolicitad of unscheduled or nmeramney landing. No,,311wL diahagA►d o1 that provisions of this ,nrtion shall be suffieiant to CIUaa thl Immediate terminstlon of this Agreement and subJ#ct t" L66061111 E5 be liable for any damages to the Airport and L6696r that Mleht result. Ix. R1014T Of EASENENT City of Denton and Lessor shall have the right to aatablillh easements, at tr0 cost to Lessor and without Approval of LaAaaal upon the leased ground space for the purpose of providing utility • servlcee to, from or across tl.a Airport propitty or for that construction of public focllltles on the Airport. Howsvert any such easements shall not Interfere with Leesaa'a use of that leased promises ■nd Lessor shall restore the property to it* Hanger Leave Agreement- Page 09 Children's Airlift Cnmmsnd _i1Cf --Fox Flve one, Ltd._ ZA5_r_ 0 " • 0 1 - • _ M • t. original condltion upon Ohm inst Allat Ion of AMY U 1101110, l,t on, In, over or a,vier An> ^dlrl, rn.em.nt rr th- cn, eUrh construction. A6114 lra~ nSa1GNHENT Or LEASE Lessee eYrre%il, -o,,Pronts that, It will not Inn this Lease, Convoy mo,e than feat) of Its stock, deemed herarlm to mean the cnnt,olll„n Inter•-st In its business, nor sublet, assign. tran.fe,, nog Ilrenso the whole ore any pert of the said premises for mny ruvro~o. wlth~ut the prior written consent of lessor. Lesnor dor. not. Tent to hinder Lessee's ability to *bit Lessee's husineen 11nt rmtho, seeks to prevent the assignment br transfer of this JAA^e In rersons who may purchase a controlllho interest In Lessee'm buslne.s. KI. INSURANCE REOUIREMENIS A. Required Llsbillty Trourance. Lessee shall maintAIN , continuously In effect at ell times during the term of thi• Agreement, at Lessee's expense, the following 1nsU?ShC* coV411r&N1 1. Commorclol General Liability Policy With at lust the following minimum liabillty limits) Public Liability a 3.000.000 per occUronce Hance, %Aenr.rn Llnh. It 250.000 per aircraft t 500.1100 per bpcUresnoe 2. Alrermrk IInLilft. Tnsurance to cover all flfoht operations, of Lo--^e In the amount of !1,000,000.00. Combined Slncle Limit includlng possenoer liability. 3. All realired roilries of In9Urance shall name the City of Denton and Fox Five Ore 3611. Ltd.. ins, as a-idItions I Insureds end shall rr M de for a minimum of thirty (30) days written notice to the rlty of Denton and Lessor prior to the effective date of any cancellation or lopes of such pollclec. a. All policies and limits must be approved by the Lessor !n writing, S. The Lessor Shall he Provided with a copy of all SUch policos. ji • P. property PAmao• rovmro": As set out above In osrograph 111. 0 Leas.or utll Provide Prop"k y demeoe Insurance crverihd Hangar Leese ngroemp nt- pace 30 • Children's Airlift Command__0;f,__foa tlve OnAi Ltd. 195 ' '10 • 0 • yAallh 110. ' the t-ulidinp- , a nrf ^t,vrl-r,e- owned by Leasor n"~~yt7+-a~T ollsoo premiae~ I.r-+,..., d I V.r r-,.rrnsibl- for pa 'Oft ^f tI,t. lnsvrarce ae -It hn.r^. Tf t -SYe r n -,nS bulldlna ^tr 1 h, Ir+--, -n•I raver-.1 ty tessore property' rffinnn^ rp,-rn"~ I r-enr -:,n II ho l ri I ogAee hnrmIAss ur to and rnly 01 tlip Amrnnr nr 111% r „`rrirv dmm,1n^ cnvrranr bold by Lessor. Tf I., rn - ,.r olInn O rnnOw t rannnn mnre rl-mnnr than f. covered undo, In++n, r, r-, ?v d,mnr In^1,y anre. Lr,s^- Vi 11I be responsible. I.r-ten fn,T1.r, rrleeses, rnd holds Le^sn, hnrmtess from any dem10e11 whirl, m,• bn reused by a latent or rat-,,t r(nfe,:t In the bulldi na rr -trurt,jr, owned by Lessor tut leased by Lessee. XII. DEFAULT BY LESSEE In the event that Lessee's creditors shall force Losses into Involuntary hsnknlrtcy or that Losses shall file a voluntary petition In bankrtlrtcr or other proceedings in bankruptcy shall be Instituted. or any ro-i,t .hail take jurisdiction of Lessee Ind Its assets nur7uar1t to rrnceedings brought Under the orovielahl of any Fed-rel n-!o,nonizntann Act, or Lessee shalt be divested of Its estate h-,etn b, nth-, rr-ratlnn of law: or Lessee shell fill to perform. Ierr nnf r4)rnrv- any of the terms, covenants, or condIt Ioan bar rin r,0 aIn- d. or on Its rart to be performed, the L-snor mar nhi- I.1. u, It ten 111t III to correct such condition or cure tech default ,cad. 1•' any rnndltlon or default shell continue for thirty I,n) d.,.s „ftrr the receipt of such notice by Lessee, then thls lens- sh-11 autrmatlc+lly be terlnlnated. This Provision dyes not nltrr nr rhenoe the notice and default provision set out h-rein for nnn-payment of leasehold rentals, Paragraph III.F. %IIT. CA14CELLATION BY LESSEE i Lessee may coneel this agreement, in whole or in part, and ta,minate all or any of Its obligations hereunder upon or after 1[)e happening of any one of the following evenLet ( I ) issuance by rnv rN nt of competent Jurisdiction o1 a permanent lnfur_tlon in any way preventing or rostralning the Usa of Paid AlrPoO or any rnrt thereof for Airport PUrroseel (2) the breach by lessor of any of the Covenents or Agreements contained herein and the fsllu r If Lessor to remedy such breach within A Period of nin-ty (aA),i,vI efts Oil- rerPlrt of s wrltt•en notice of eylstence of such hr r,^I,r (1) th. Inahlllty of l-"aee to use said premier. anal fm llitl runt ln,ilno for a lonoe, soled then (90) clay- ekrr to n,w 1•u ,,r,* ordr, • rule nr reprt)stlon of any • arrropriate novernmeritnl ~n'h+r lt. hnvlna (urisdlctlrn over the operations of Lessot' cr du„ to war. .arth,7uake or other casualty; or (a) the ass,umrtlon or recenture by the tilted States Government or any authorized egency thereof for the malntenenci and operation of said Alrpnrt and facilities or any substantllt part or parts thereof. Hangar Lease Agreement-Pape 11 • thildrrn's Airlift Comm*nd_PAL__j3oa Five OMt Ltd. t t e,' Y' ~i p "IV. H TI,rFL 1. ANFOUS f'RO'V IS ION WO n. fntl,A MrAnnAnt. shit apreement constLtut i understanding betwren thr rertles and as of Its of supersedes All n,Inr n, Independent Agreements etween the parties cove,lno the suhirct matter hereof. Any change or modification hl,aof shAll ba in writing signed by both parties. S. Binding ffFect. All the Covenants, stipulations ■nd Agreements he,eln shell extend to, bind And Inure to the benefit of the leoel rerres•ntatlva,, SUCeaaors and assigns of the respective parties h., stn. C. 5e~~rAhll U y, If A rrwvislon hereof shall be finally declared void nr Ille~.t h, inr rogrt or administrative "Concy hevino lad s-ilctinn. tbA ant ire Aoreement shall not be voids but the remAlnino n,ovl.f,u, •.h,ll rnntlnue In effect as nearly as Posslhie in Arrnrdinr- pith the orlolnel intent of the parties. D. Nit ice, nn~ nl,ttre to bo olven by one party to the r other In ronnectlon ,.,11h this Agreement shall be in wrltloo ■nd shall be sent by realstVred mall, return receipt requested. With Postoge and reoistre,tion fees prenaLd: 1. If to Lessee, addressed to: Hc. David Fleming, President CHILDREN'S AIRLIFT COMMAND IIAnger 03, Sabre lane Hunlrlpal Airport Denton. Texas 76207 2. If to I.eeinr, addre38ed tos rresf,lent Fn)( <I, I_Tn. INC. r•t. 1 Row 102 rl-nto.,, Taxis 76207 Notices ehAll be deem-d to have been received on the date of receipt as shown on the return secelpt. E. Headings. The headings used In the AOrliAiht Ir6 IntiMd/d for convenience of reference only and do not WIA1 or libit tk/ scope or the meanino of any provision of thlb A0116M& t. LOG411 and Lessor are renulred to notify each otheh 11 to thlhdfb IA their address. Such notification shall b• by tlrU#11d 41111 • rstu•n receipt requested. F. Governing Low. This Apreement to to b1 cohotrubd to accordance with the laws of the State of texas. Hanger Leese Agreement- Peso 12 Children's Airlift Commond,_fli! fox Five One, Ltd,, fi A • o ' r Q - Ap sh heel Del 111 UIINF S~ ;n IErEr)F, the parties hA~' ►re Nted this ngi tem'nt as of t1'r d+y wrni ti►a1 first above writ t.n. rox RI 0DD. INC.. LESSOR r,n, sTRicxLER. rpESIDENT STATf Of TEXAS r COUNTY OF DENTON ON this _ at)day of 'kN-.1995, bsfore me, the underelaned Notary Cubist. otrso, Iv appear ad F.O. Str1CllsT, known to me for proved to me on tha basis of satisfactory evldenca) to be the parson who execut.'i th. alt.hln Instrument as PTtsident of FOX FIVE ONE (11) LIMTTFD INC. nn behalf of the corPorration thereln • named and aC$;nnwl'dn-i r., m.+ that th' corroretion ►x"nt►d it. SUBSCRIBED AND •VMH TO PErME YE on this t.he_B-- day of 119.45, to certify which witness my hand and official edit. ~ 111 ~ tz NOTARY PUBl1Ct AT ttXAd wm~j~~ My commission t*plras= Iltna at tlal ~ Printed name or Notary Public Nanasr Lease Agreement- ray. 11 Children's Airlift fommand,_,.t_F ,Fox Flve One. Ltd.__ 17 • • Aprk~ Ma F 1i 1I rr>r Il'r AI At 0* MIW"6 ~ DAVID G. MTWI- STAIE 1E Or TEXAS COUNTY OF DENTON On this _ tl dar o1 1995. Wore so. the undersioned Notary Riblic. rersonally appeared David 0. Flesl"d known to me Ior rrnvnd to me on the basis of satlefectoty , evldencel rn b- III. nnrton who executed the within lnstrUb& ht Individually es DAVID r, rLFNiNG d/b/s Children's Airlift Co"Rhd ' and acknowledoed to me tbar he has volUntorllr executed Will lease spreement and unrleretande the terms set forth tfhareln. ~~1C. TAT F TEXAS laM i JM Mr commission Explres ~ w~ t4 AiMsl IL 10 Printed Name of Floe Y Public Hangar Lease Ag.eement-rape 11 Children's Alrllft Command_ Jyif ^_Fox five one, Ltd. 0 14 0 w I 3i N dO° DENTON ooagz ooopp00 4p < 000: ~o OO 0 0 °o n I co O ~ O OOp ,Vv OD° O N , OO } CITY COUNCIL d • 'O r . AQ~baNo -D r Date CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager DATE: October 3, 1995 SUBJECT: Denton Development Plan Update Program RECONDIENDATION: The Planning and Zoning Commission recommends approval and that Council appoint an update committee and begin the process as soon as possible. SUMbIARY: See attachment 1. BACKGROUND: See attachment 2. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Master Planning; Planning and Development, Engineering, Economic Development, Utilities, Parks and Recreation, all of Denton. FISCAL IMPACT: $22,500 budgeted in FY 95-96. RESPECTFULLY SUBMl77ED: • v Lloyd V. Harrell, City Manager Prepared by: • / ' • • L "AlCP rank VI Robbins Director of Planning and Development S r n 0 ;A' • - o r Apart Na Apab No City Council Report Page 2 A'TT'ACHMENTS: 1. Upd ue Program 2. Update Policy 3. P&Z Minutes. AXXOOM • • • R' ' • I- ~ • Apt * tbm ATTACHMENT 1 DENTON DEVELOPMENT PLAN UPDATE PROGRAM 1. Co a major update. 2. .points a development policy committee that would recommend to P&Z, who commend to Council amendments to the Denton Development Plan (DDP). 3. Makeup of the development policy committee, 7-15 members representing: • P&Z • Council • Neighborhoods • Business and/or development interests • Appraisers • Architects • Professional engineers • Professional planners • Each geographic area of the community • DISD representative Chairperson appointed by Council. 4. The committee may for- subcommittees and allow participation by persons not appointed to the committee on the subcommittees. Subcommittee chairs appointed by committee. 5. Proposed schedule: • Council considers DDP Update Program: October, 1995 1 • Council appoints committee: October, 1995 • • Comnili tee orientation and staff data gathering: November, 1995 • Committee begins exploring major issues and considers forming subcommittees: December, 1995 • 0 Remaining time: 1 year or longer 0 0 • O • lymla tta. AOW ItNa 6. Proposed committee and subcommittee mating times as subcommittees: • Twice a month, on Mondays or Thursdays, and depending on subcommittee work and schedules. • Some weekend retreat or focus group long meetings. 7. Allow piecemeal or iterative amendment of any part of the Denton Development Plan at any time rather than adoption of the whole plan at once. 8. Allow the Committee to recommend ordinance amendments at any time. 9. Amend the concept map through sector planning. 10. Major issues for initial exploration by the Committee. a. Revise the Concept Map. Refine intensity area boundaries and Appendix A study area boundaries. • Complete this project by neighborhood or sector planning for detailed planning. • Adopt a goal of the Concept Map, the zoning trap, and actual land use being the same. • Deal with existing zoning which is inconsistent with current intensity area designation. b. Revise the Thoroughfare Plan. Add the collector street system. C. Expand the planning arcs to the ETL d. Consider adding water, wastewater, parks, drainage, and school master plans. 1 • C. Conduct studies and consider increasing intensity along 1-35 and Loop 288, while improving the community's attractiveness and brand image along major entranceway corridors. f. Refine policy statements for instance: • 1) No more than 113 of moderate activity area can be commercial or retail. ' 2) No more than three corners of a moderate node may be commercial or • • retail. 3) Sitr pla,i policy that may require PD zoning in most zonfil to nonresidential use. _ 4 , • 0 • _ o • 4) Refine 112 mile separation policy adding, "on S) Multifamily policy, the current policy defines units per acre or greater. g. Shorten the Plan by deleting land use projection data and consolidate policy statements. h. Include analysis of Vision developed st:akgies. r ADO MVN I • i • Update sreesdure ATTACHMENT 1. Update Daily Along With Rai *eD11e (Zoninq, subdivisions, Ste.) go Staff Summary Reports The staff report on all City Council/Planninq and Zoning Commission decision items shall clearly relate alternative decisions with impact on appropriate policies in the plan. a. If a decision Indicates a corresponding f policy change is required in the plan, then: 1) The staff is required to draft a modified policy change and present it to the quarterly study session of the scheduled Planning and Zoning Commission. 2) The City Council will make final review of a potential policy change and incorporate said change in the plan. b. Any Planning and Zoning Commissioner or city Council Member may present a proposed policy change whether or not a pending or recent Land Use decision has been made. The proposed change is forwarded to the Planning • and Zoning Commission for Its review and recommendation to the City Council. AMOOC91 106 • - o r -V Lei vA'% 1. -Yearly Policy Re-Adoption AMw ft - ~ Als- o as In July the entire plan Planning and toning Commission Agenda for recommended minor modification or re-adoption. After study, the Planninq and f toning Commission is required to forward a recommendation to the City Council at its second meeting in October. b. The City Council will accept the planning and toning Commission recommendation or modify the policies and adopt the plan as a policy document for the upcoming year. General Policy for Major Update This plan is to be updated approximately every five to ten years. ' a. Update dependent upons 1) Population Growth 2) Extent of amendments during preceding years (more amendments--more need for 1 ' general update) 1 b. The process for updating the plan will be determined during its annual evaluation. • i J AMOOC91 - 107 Y. • a • r~ w P&Z Minutes August 23, 1995 Page 43 IX. Discuss the update of the Denton Development Plan and give staff direction. Mr. Robbins: Starting on page 232 of your backup you have a staff recommendation associated with the annual update of the Denton Development Plan. At a previous meeting we discussed starting this process in August. This is really to seek your direction, to bring this back to you on another agenda and vote on it. There are a number of details in the recommendation about the annual update. Staff is going to recommend that we have a major update which means that all of the policies, all of the maps, and all of the area would be open for consideration. We would suggest that you put it on your next meeting. The Council would begin the process of actually updating the Denton Development P)m in October. Staff recommends that Council appoint a land use planning committee. There are a number of options of who would help the Council, and the Planning and Zoning Commission review this. The Planning and Zoning Commission could be the body that would review it. Generally most cities, when there is a major update there is a separate committee that is appointed because the of the detail and the length of the work. It could take up a lot of time on your agendas or you would have to have special meetings. We are recommending that the Council appoint a committee to do the update. They would have to make their recommendations to the Planning and Zoning Commission and then you would make your recommendation to the City Council. We proposed a seven to fifteen member committee, with a list of folks that would represent these various sort of groups. The Council will appoint the chairperson. If a chairperson is not appointed up front then leadership is hard to establish at the beginning. Major recommendation is to allow subcommittees to be formed and people that are not appointed by the Council can be part ' of the subcommittee. The subcommittee chairs would be appointed by the committee. The committee would really begin to do their work at the beginning of text year. It is a long term process. The committee meetings could he set a couple of times each month, potentially on a Moclay or Thursday when P&Z and the City Council don't meet. 1 Another substantial recommendation, rather than bringing in the whole plan at once for approval the committee could bring it piecemeal. That would allow us to get through the • process sooner. Staff is proposing in item ten some of the major issues that could be considered by the Commission or the Council that they may want to add to the charge, or you may not want to state specifically the issues that need to be addressed. I think one of t the best ways to do the amendment of the t oncept map is to do it sector by sector. This is how the City of Ft. Worth does their map. One of the most important issues is the intensity and the concept map, current zoning and current land use and the intensity areas • that they are in. What do you want to do? Do you want to continue to do it the way we have dune it since 1982 in which you have zoning and land uses that are inconsistent with O • the plan, but there is no implementation mechanism laid out in the plan 'o make that area consistent with the plan. Are we going to do that again it is going to depend on the area. 'T'here will be circumstances where we don't want to have that existing use or • 0 • m • tyaa~ tU► ~r P&Z Minutes Alm August 23, 1995 Page 44 existing zoning that way and we really need to change the zoning map as well as the plan. That could become an ek.ment of the Denton Development Plan update. Not only would we be looking at the concept map, but we could have zoning cases come out for recommendation. The thoroughfare plan needs to be amended. I would hope that we could expand the planning area out to the extraterritorial p sisdiction. It is not now. We require consistency with our master plan, but we don't have any master planning done in some parts of our ETJ. We might add the water/wastewater, parks drainage, and school master plans to this. The 1-35 and the Loop 288 corridor and the land uses and the master planning along that are going to be big issues. I would recommend that the plan be shortened. An example that the committee may look at would be the Ft. Worth layout which is a concept map on one side of about a 36 by 36 piece of paper with their thoroughfare plan ou that map, and on the other side is all of the applicable policies. I think that sometime during this process the Vision Cabinet will make their recommenda- tions and I think that all of those strategies and plans that they have come up with should be included in the analysis of the Denton Development Plan update. Ms. Russell: 1 think that this would be good but I would really like to see this time table moved up. I would hope that we could get started on this in November and have the committee started in December, Mr. Robbins: The Council is doing budget and they will be doing that every Tuesday until the middle of September. The Denton Development Plan also says that the Council receives P&Z's recommendation in October. That is why we are really thinking about October, I thought that the October/November time frame would give the Council :ime to find peop:e for the committee. i Ms. Sch ertz: I totally agree that we need to expedite it as quickly as possible. Ms. Russtll: 1 woulu like to see us have this ready for them at the earliest possible time. Let's be ready to go to Council by the first week in October. • Mr. Robbins: Would you like me to have this on your next agenda for consideration and raking a recommendation to Council? (General consensus) Mr. Jones: I think that you will have a hard time holding a committee together for two years. I would rather put a date there that says a year, and then if it goes beyond that • • because the work is not done then that is okay. • 0 • o • P&Z Minutes arts September 13, 1995 Page 33 %II. Consider a recommendation :u city council concerning the update of the Denton Development Plan. Mr. Robbins: We held a work session at your last meeting and we have amended that schedule to coincide m ith your recommendations. The staff recommends to the Planning and Zoning Commission that they recommend to the City Council that the Denton Development Plan be a major update and that a program is recommended and attachment to be followed. Ms. Russell: I recall that we wanted to move some dates up. Is this reflected in this? Mr. Robbins: Yes it moved up the process by a month. 1 am giving the Council two months to appoint a committee in October and November. If they appoint a committee in October then they could get an earlier start. The update policy of the Plan says that it goes to the Council in Jctober. The nomination and appointment process has not gone real quickly. We compressed the schedule by a month. Ms. Russel,': Could we present this to them before October since they are finished with the budget? Mr. Robbins: This is going in their backup for this week's "that was the week that was." The Council is going to be °nformed of the process in the manager's normal communica- tion to the Council. They are done with their regular meetings for September. Ms. Ru, ill: My thinking is that we can let them know about it the first week in October and they could have the committee appointed by the end of October ready to go by the fast of November. Mr. Jones: Since we are only talking about a committee of seven to fifteen mem. bers, we are only talking about each Council member appointing one or two people. It is not like • the Blue Ribbon Committee where they each appointM seven or eight people. Ms. Russell: Do I sense agreement that w: ask that they have a committee appointed by the end of October? Could we have the committee exploring major issues in December? (Corsensus of Commissioners. s Ms, Russell: Can we change that then? Orientation will be in November, strike • • December. On December to February, strike February and go from there. Do we need to vote on that. • a • r P&Z Minutes September 13, 1995 Page 34 Mr. Robbins: The motion might go something like this, move to recommend to the Council that the Denton Development Plan undergo a major update and that the program as attached and as amended by the Commission be followed. Mr. ]ones: So move. Mr. Powell: I'll second. Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (5-0) XIII. Work Session. • Hold a discussion concerning the major elements of the new zoning ordinance and give staff direction. Mr. Robbins: 1 am not sure we could begin the presentation and deal with a couple of the issues that are on outline but the whole presentation will take about thirty to forty- five minutes. The purpose of the work session is to update you on it and then see what other issues you might want us to explore in further detail before we bring the ordinance to you. Mr. Powell: I would recommend that we reschedule the work session to do it justice. I would like to schedule a work session when we don't have all of thes' other things to consider. Mr. Robbins: Would you like to choose an agenda date? I Ms. Russell: Could we do it the first Wednesday in October? Co.wnsus for October 4th. XIV. Director's Report. Mr. Robbins: No report. • XV. Future Agenda Items. • • • Flood plain management work session. Determine the date and time, and give staff directions, • 0 • A • C DENTON o°F 000 oo°t 4 ,00 4 G 4 o o a C o o° ~a 0 I DOpF,y OO ~G 0ppp T o °~aaaoaaoo°o • CITY COUNCIL ~ 0 a • ~penfla~ DATE: Sep of ICU, 1995 CITY COUNCIL REPORT i 10: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: NOMINEEIS) TO THE BOARD OF DIRECTORS FOR THE DENTON CENTRAL APPRAISAL DISTRICT RECOMMENDATION: Staff has no recommendation at this time. SUMMARY: As discussed during the September 26, 1995 Council meeting, all five of the Board of Director's positions for the Denton Central Appraisal District (DCAD) are up for election. The current board members, each serving a two year term, are Horace Brock, Mary Horn, Richard Smith, Tracy Clinton, and Paul Stone. Each taxing jurisdiction has the ability to nominate up to five individuals for election to the board. Once names are received by the Appraisal District, each jurisdiction can cast votes for a nominee. The total number of votes is 5,000, and each jurisdiction has a percentage of votes based on their 1994 tax levy. I have attached the 1995 distribution of votes for each taxing jurisdiction for your review. The minimum number of votes to place a nominee on the board is 1,000. The City of Denton has 256 votes to cast, and cannot cast enough votes to guarantee the election of their nominee. Therefore, historically, the City has coordinated their votes with the Denton ISD. This year DISO has 828 votes, and cooperation between the City and DISD would create more than the 1,000 votes necessary to guarantee a local representative on the board. i At this time, staff is only seeking Council's nomination(s) to the DCAD Board of Directors. In November, staff will seek further direction regarding the Council's actual vote on individuals nominated to serve on the board. 1• As of today (Friday, September 29, 1995), DCAD has received four nominees to the Board of Directors. They are as follows. Denton ISD Bill Giese Town of Flower Mound Paul Stone Town of Trophy Club Paul Stone ' 0 0 Town of Aubrey William Brady E.T. Harmon Aubrey ISD J.A. Hinsley • O • Aoautt Na Council Report Format AW&fta Nomineelsl to DCAD Board of Directors p0 September 29, 1995 Page 2 1 have spoken with Mary Horn from the County. She advised that the Commissioner's Court will discuss this item at their October 3, 1995 meeting. Though the Commissioner's Court has not yet taken any official action, she believed that she and Paul Stone would be the County's nominees. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: N/A FISCAL IMPACT: Nona Respectfully submitted: a • Lloyd V. Harrel, City Manager R .e nr Jon F 64v, ref n a OHka 1 Appr by: hh`af r,r-u AFF40FA utivI rnrKYa of finNnn • r • p • n SEP-22-1495 08.09 FROM DENTON PPPRAISPL DISTRICT TO 5668236 P,02 KATHMNEE1195ALLOCI XLS DEMON CENTRAL APPRAISAL DISTRICT I M D1ST MUT1ON OF VOTES 111 1994 %)F JURISDICTIONS TAr,LVY SCHOOL DISMCTS: SM ARGYLE ISD-_...-. 52,661,616.31 63 S02 AUBREYISD...... $1154.353.61 0.612% 31 505 DENTONISD..._ $33972,002.49 16.511% 121 S07 KRUMISD_....__.. S123123039 0.504% 30 SOS LAKE DALLAS iSD.._.. 13,/64.000,67 I.EABX 94 509 LEMSVIlLu LSD--.. $70,197,336.01 34254% 1712 310 LITTLE ELM ISD__ $1,642,74217 0.102% 40 Sit NORTHWEST ISD...... 112,004,263.47 5.191% 294 312 Pa,OT POINT Isc,_ 31.744116.99 0.449% 42 Sill PONDER ISD. 1766946.62 0374% 19 S14 SANGERISD....._- 72,323906.61 1.134% S7 SCSOOL DOTRICIS TOTAL41 1131.M,27.77 6439g% 3212 001 DEMON COUNTY S31,134,101,05 15.19014 760 CITIES: C26 CETYOFARGYLL_._ 5211,616.q 0.121% 6 Cot C17YOFAUBRETY-..-. 591,52026 0.047% 2 C31 TOWN OF"RTONVMLB.. 511,43335 0.040% 2 ~ C03 CITY OF THE COLONY._ 74,439,413.34 2.167% 101 C04 TOWN OF C011247111_ $749,191.13 0366% II C27 TOWN OF COIPM CANYON 764,501.17 0.031% 2 O5S MY OF DENTON_.... SI0330,6WS 5140% 2S6 C30 CITY OF DOUBLE OAIL_ 1184,621.72 o.090% 5 C07 CITY OF FLOWER I40UND. S3,472,07S.19 2.671% 134 CZ2 TOWN OF HAC30NWY__ $10,142.05 c e0S% I CIO TOWN OF HICKORY CREEK S26S,792.76 0.130% 6 C01 CITY OF HIGHLAND VLG. S2.745943.79 1340% 67 C09 CIfYOFJUSTEN..__ $124211.52 0.061% 3 CIS CITY OFKRUGERVII.LE. 533,113.13 0.06% I C;0 GTTYOPKRUM....... 511,67314 0.040% 2 CI1 CITY OF LAKE DALLAS.. S455373.03 0222% I I C25 CITY OF LAKEWOOD VII G 522,44724 0.011% 1 C12 MY OFLEWTSVELLL.. S10,19S,149.61 5.313% 263 • C13 CITY OF LITTLE ELM... $146.413.92 0.071% 4 C23 CITY OF MARSHALL CRK !6,103.14 0.003% I 03 TOWN OFNORTHLAKE_ 549,43223 0.024% 1 64 CITY OF OAK POINT--. S96,574.33 0.047% 2 C 14, CITY OP PILOT POINT.. 5423299.1 S 0207% t0 Cif,l cm OF PONDF_R..._. 711,311.33 0.009% 1 • C17 CITY OF ROANOKE...... 5373,113.46 0.43% 9 C16 CCTYOFSANGER....... S34S227.24 0.169% 1 • • C29 CIEY OF TROPHY CLUB.. 5923,140.74 0.4$2% 23 CFITES TOTALS f38,117,79E.93 U 9$0 i • 0 • SEP-22-1995 0809 FRW DEMON APPPWSPL DISTRICT TO 5668236 P.03 xATHYRSHEETVSALLOCI M S MTON CENTRAL APPRAISAL DISTRICT X11 M 1095 DISTRIBUTION OF VOTES %OF 1991 TOTAL tiVbIHEA AMMILa= TAX LM Lo m I QF3t= SPECIAL DISTILL T3: W04 CLEARCREEIC WATERSIZED AVTHOIIITY_........ $16,279.75 0.001% 1 W07 CORMIH MW......... 5234,136.12 0.114% 6 PO i DENTOON COUNTY PIKE OIST7R! :T . _ 316.152.17 0.011% 1 1,01 DEWM COUNTY LEVY 002OVEW04T DIST 01. 3216,119.12 4120% 6 WW 'I11OP11Y CLIM MW 02 W7,641.14 0.231% 13 RUD DENT+ON COUNTY ROAD UTRMDBT=01. 31,170,34625 +r3f1% 29 W03 TROPHY4"I=MW#1 5101,712.86 0393% 20 W01 LAKE TURNER KV D._ 591471.00 OM9% 2 usaAL DISTRICTS TOTALS 33,127,132.76 1.SMA I » i GRAND TOTALS 5204,116,96330 IO0.0 M f 5000 i • { I f i ~ •F :kr. as . • c• k DENTON oooQo0000 000 000 F *JO~O 000 xo OD 0 0 a o p i 0 'Zi OD ~ p ppp ~ ~ ~DOO 0000 0 N • CITY COUNCIL • • a • 1 CITY OF DENTON, TEXAS MUNICIPAL BUILDING DENTON, TEXAS 76201 TELEPHONE 8175668.309 Office of the City Secretary MEMORANDUM DATE: September 28, 1995 10: Mayor and Members of the City Council FROM: Jennifer Walters, City Secretary SUBJECT: Board/Commission Appointments The following is a list of nominations which the Council needs to approve: Council Member Brock has nominated Dick Waters to the Sign Board of Appeals. Council Member Cott has nominated Frances Caster to the Downtown Advisory Board. The following is a list of current Board/Commission vacancies: Electrical Code Board - Trenton Williams was not eligible for reappointment. This is a nomination for Council Member Brock. Keep Denton Beautiful Board - Candice Salomone has recently resigned. This is a nomination for Mayor Pro Tem Biles. if you require any further information, please let me know. ,Tenn far Walters City Secretary ACCOOOF4 'Lxdicated to Quality Snvia' • • i' University of North Texas _ Uni~crvr% Police r September 14, 1995 Mayor Bob Cas dmTy and City Council 0"o City of Denton 215 E. McKinney Street Denton, Texas 76241 Bear Mr. Castleberry and Council: It is with regret that I must ask you to accept my resignation from the Traffic Safety Commission of the City of Denton. I have enjoyed my service on the Commission, and I will miss serving the City in this capacity. However, I an moving out of the city on September 30, making me ineligible for service on the Commission. Please accept my thanks for allowing me to serve on the Commission and serve the Denton in this capacity. If I can be of further service to the City or the Council, plow let me know. I will continue to work in Denton, and I have a p-r teal on interest in the future of Demon. Respectfully, 'c Ja son Chief of Police • I I • c: J. Clark, City of Denton 11.0. Box 1340 • benb,n, Tc%a. 7h2U.1.640 8171361.1fMN1 • TOD 8(x)1745.2989 • c• r DENTON oo°°o°~ D°° °0o 0 GOB: OD x Q o ~ o 0 0 o 0 0 0 OD o~ ~ p0 o ~ 0000 lip 00 N. aQa0oaoo CITY COUNCIL r • O • f *~44 North Gnyal Trans Counril of Govern=Lta ~yy Chan Air Coalition / Air Quality Advisory Committes viso RgnorX Ttar-portabon Council Adry 1.45 Corridor Coalition North Teus Commission Chairman 1\ I T4anjportatinn Tuk For-: JEFF MOSU EY .~,,ma~yy 95--6.4!F - DENTONCOUNTYJUDGE todl* =-5 September 20, 1995 The Honorable Bob Castleberry City of Denton 215 E. McKinney Street Denton, TX 76201 Dear Mayor Casdeberry: After receiving a final report on the Lakes Safety Task Force's findings and recommendations, the Denton County Commissioners Court voted to re-establish a Lakes Safety Council. This Lakes Safety Council will include an elected official representing each city and town encompassing all three Denton County lakes. Please designate one member from your council and inform my of9ce by phone or mail of your representative. Highland Village Councilman Rusty Vaughn, who served on the Task Force, has agreed to spearhead the Lakes Safety Council. As you know, the Task Fora accomplished a tremendous amount of work in a relatively short timeframe. I know that the Lakes Safety Council will have an equal amount of success by focusing more so on education rover the next several months as we prepare to continue to heighten awareness on all three county lakes. I would like to see the Lakes Safety Council • hold its initial meeting within the next 30 Jays. Thank you in advance for your coop ration in this matter. Should you have any questions, please do not hesitate to contact me at 817/565-8687. J F OSELEY nton County Judge DENTON COUNTY COWASSICNERS COURT • COURTHOUSE-ON•THZ4QUARE 110 W. HICEORY • DENTON. TEXAS 74901 (617) OWBU7 • 34OO34&1644 • FAR (617) 6624M .v • a • DENTON ooM 0000OO0400j r OF ~O o~ ~a a 0 o 0 0 ED cz) © Q ~ Q OOO ,y T ~ ~ ~-QQp 0000 o N , ~ QQQQ X440000 • CITY COUNCIL me • i • • r Cffl'OFOENTON TEXAS MUNICIPAL BUILDING • DENTON, TEXAS 76201 • TELEF.MONE(Of7) 560-M Oft @ of 00 City Manepx MEMORANDUM TO: Lloyd V. Harrell, City Manager FROM: Betty Williams, Executive Secretary DATE: September 23, 1993 SUBJECT: Wall of Honor According to the established procedure, letters commending city employees for quality service which are displayed on the Wall of Honor will be replaced on October 3, 1995. Attached are copies of new letters which will be exhibited for the next three months. The letters taken down will be placed in a scrapbook which is maintained by the City Manager's OfDice. We wish to extend our congratulations to each of these employees on their excellent efforts to serve the citizens of Denton. Betty nlliam Executive Secretary • AMMO 6DA r• • •DeGfcated to Quaftty Sacks' • . . . . • . t' { _ it N yid ~~Ye.~ d. ~15~. nom, ~ ~ • A • AprA Nt+ - WALL OF HONOR O11 OCTOBER 3, 1995 Paul Beaver, Senior Engineer, Water Engineering Michael Perkins, Supervisor, Solid Waste Chris Rodriquez, Secretary, Engineering/Transportation Owen Yost, Planner, Planning and Development Robert Beadle, Public Safety Dispatcher, Police Joe Erwin, Police Officer Lisa Fisher, Lead Public Safety Dispatcher, Police Ida Leonard, Lead Public Safety Dispatcher, Police Lloyd V. Harrell, City Manager, City Manager's Office Bob George, Utility Line Technician, Electric Distribution Bobby Morris, Lead Utility Line Technician, Electric Distribution Tim Hill, Animal Control Officer, Animal Control and Consumer Health Donna Bateman, Planning Technician, Planning and Development Chery] Hudgens, Activity Attendant, Parks and Recreation Department David Stewart, Police Officer Wes Gideon, Lead Utility Line Technician, Electric Distribution Veronica Rolen, Administrative Assistant 11, City Manager's Office Vic Schneider, Tax Technician, Finance Department Van Lawrence, Lead Utility Line Technician, Electric Distribution Billy Bennett Utility Line Technician, Electric Distribution Juan Camacho, Utility Line Technician Apprentice, Electric Distribution Kevin Strickland, Utility Line Technician Apprentice, Electric Distribution Bill Cornell, Lead Tree Trimmer, Electric Distribution Rudy Sanchez, Tree Trimmer, Electric Distribution Cruz Torres, Tree Trimmer, Electric Distribution Betty Glasscock, Utility Dispatcher, Electric Distribution Eva Poole, Director of i.ibrary Services, Municipal Services/ Economic Development Derrick Collins, Human Services Coordinator, Community Development Michael Sessions, Captain, Police Department Mary Jane Pannell, Receptionist, Finance Lee Weber, Police Officer Mike Fogle, Waste Material Inspector, Solid Waste Landfill Harry Bopp, Crew Leader, Water/Waste Water Duane Hymes, Utility Technician, Water/Waste Water Kennedy Dean, Maintenance Technician, Water/Waste Water Greg Mitchell, Plan Examiner, Planning and Development ® Beverly Price, Secretary, Planning and Development Stacy Rowland, Clerk III, Planning and Development • • Anuaf1%D9 • • E ' ■ . . Jtpaath M..~-= Met Wig architects ■ engineers AWAI Friday. June 23. 1995 f ~H $ s Cm. Manager Cm of Denton 215 E McKinney Doman, Texas 76201 Dear Mr. Harrel, Our office has recelitly completed the site dervckoprrratt plans for a new apartment complex in the City of Demon. During the process of completing the plans i had the opportunity to work with several members of the city staff whom 1 feel should be cormreaded for their profeasiarulisrm and helpfulness. These individuals nude the often difficult task of coordinating the design of the project with the requirements of the community a much easier process. Owen Yost and Chris Rodriguez m the Planning Deparhment were very helpful in suiting us through the platting and site review processes. Paul Beaver in the Water/Wastewater Department took special care in belpuT us coordinate the utility service for the project. Michael Perkins; in the Solid Waste Department made an extra effort to inform us of the best available optics for solid waste removal for the project. Though it may be part of the duties for members of the city staff to aide members of the community m developing their property Mr. Yost, Me. Rodriguez, Mi beaver, and Mr. Perkins, in my opinion, went beyond the duty of simply aiding us and actually took the time to help us. 1 1 believe theses individuals truh care about the work that they do and the service they provide and 1 should be rccognizod for their efforts. • Suxxtcly, Patrick Smith Landscape Architect • J 405 Mitchell St ■ P. 0 Box 3305 ■ Bryan, Texas 77805 ■ 4409) 779.2398 Fax 1409) 774-3623 • - a • r f t, AW* M0. Apoft bo Oral you.. aL4Z &L- ~C ~ aAk L ~I ! a, i • w • t. fi A t;t -7? AUG 071995 + - iiT'~l7r _ c n n~Or) a«3 e ,y 0O. ' Eas4_ '-Mc. Koney Cur~berloinpl. Presyferi4n ~hild"as6me ~ - R U G _Dear Mt. MOYU Nar'fell PD Z) I}o OLcf - Surnrger progr m YOU. ~or MakrOq 0.90r curnrnet ~ - • I~.~UFen • 0 • • JUL 17 IM ` a4 . y ,t Lam- Lv-e~+~L.eC_ J 7. A. 1?..^•/a.C w~7lii.v f.~r-xn.\ ~C.t ,.~Cf-~V~ ~JIJ.-LfILj..aJ-~r Q-v~ ~.ni~ C~,~~,~ /A21WiyA« Q. ABM iM t dJ U. f~l ~f.~ n w cC 6~/yL / (j y' `a"`, IDJ, r d_ • J.. v. 7 ~ 4-,,.tea y ~ ~ Q / 611. (T r - % A, e 1 / `1111 . • A • ApOAe 444. 44 ACS` 44 ~~.1 Wes:. L rAjf, ~~{4►x"~- ktv1 o~v..2 a~-<v d ate, g° ;A~ • I- o • AP* NO. I0 TERS Apr* CONI PAN I ES CONVENIENCE STORES DALLAS/Fr. WORTH DIVISION July 18, 1995 City of Denton Attn: Mr. Walter Reeves 215 E, McKinney Denton, TX 76201 DearMr. Reeves: We would like to let you know what it pleasure it was working with Donna Bateman. She was a real professional and a real help in getting our permits in such a quick and timely matter. Again, thank you for your assistance. S' cerely, LLJA Scott Voelkel Area Manager SV/jdb +,s o~ A 42M SNGLETON BLVD, DALLAS, TEXAS 75212 OFFICE (210 631.2054 FAX 12111 618.9029 y fy/ • • t ^\~a r!, nay .r~ ¢ 4„K w EDo ~ am Denton, TX 76201 07/19/1995 Dear Cathy Avery, i am writing you in connection with one of your employees, a lady by the name of Cheryl Hudgers, who was a tremendous help during a phone call on Wednesday, July 19, 1995. 1 had phoned all over Denton trying to get information as to where 1 would be able to purchase a ball machine (tennis). Cheryl did not know where but she had the initiative to give me some names and telephone numbers to assist me in my search. Upon utilizing her help, I tracked down a place that sold ball machines as well as a wide range of equipment I had been looking for. She was not only friendly and very respectful but she went beyond the ordinary to to assist me with my problem. For this I am truly grateful and would like to thank both Cheryl and yourself. Politeness does not cost anything in life but it makes all the difference in the world. Once again, thank you. I thank you for your time in reading my letter. Sincerely, /,%,1 Mr. Iw 'van der Walt • i • I- ~ • +p+ 42= 'Iorthridge Dentcn, Texas 76201 July 21, 1995 DFte^tive David Stewart Jer.ton ?once Departn.nt '.'el.ton, Texas 76201 Denr Detective Stewart: I want to express my sincere appreciation and gratitude to yo-i for recovering the rive-Hundred-Dollars ($500,00) that was taken illegally from me by a recent tenant of mine. The "act that you mr the recovery in less than eighteen hours after you received the case, and the fact.that there were only a few clues with which to work, certainly points tc the expertise in your handling, of the case. I Again, thank you for the service that you rendered to me, • Vary truly yours, '.clarion Smith Ilichael Jes, Chief of Folice ' • • Lloyd i:arrell, City Mrnajter • 0 • I _ or ItJ ids 1A,".4 ftt" 4Z~' --ax k"Avt4, A4W Q~LYI ~ f Ci-~- Mrrs Ifs }tM C<A,i rCi l ~uC 4 G +r/~~a Q~~~Ir r 0 s 0 0 t: AM* O, wee Drive nton, eexas~, 76IDT~ City Manager's Office City of Denton AM: Veronica 215 E. McKinney Street Denton, Texas, 76201 Veronica: I wanted to write you and express my deep appreciation for all of the excellent assistance you gave we concerning all of the city created problems I called about. You were always there when I needed you, even thougl, I was frustrated. I think you are the sweetest person on God's created earth and the city manager is very fortimate to have you on his staff. If there is anything I can ever do for you please do not hesitate to call or let me know. Thanks again, for all your help. Sincerely, ar mo d JU 2:; 1? A • O i n AW48 No. THE WILLIAMSON AGENCY APO &M 733 Fort Worth Drive - Suite 10 Denton, Texas 76701 817-898-1831 FAX - 817-382-0523 11995 clrv ;f;,ION CITY ~AHaf~F~i S ~r y_{~~ July 31, 1995 City Manager City of Denton 215 E. McXinney Denton, Texas 76201 Dear Sir: The public being so prone to level criticism at the personnel of municipalities, I felt that when a compliment was due it should be rendered. Vic Schneider in the Tax department has been the good example of courtesy to a Denton citizen. I have Lad to visit with him on several occasions over the past years and he has been the most attentive and courteous person. Also he knows what he is doing and in today's world that is a real plus. I really appreciate him as do others I know who have reason to see him. Sincerel ,o Wm. Williamson General Agent I • nN 1 . Apo" M0. AprQi bm •'J-07-95F'')3:5) RCYD Mr. Jim Harder City of Denton Dear Mr. Harder, I would like to commend one of your City of Denton utility crews. They are Mr. Van Lawrence and his men. About three weeks ago they were at our home to re-route the electric power lines in preparation for the installation of a swimming pool at our residence. I have never been around a more courteous, efficent and cooperative group of men. We have two wheelchair people living in our homa, one who is over 100 years of age, and they were able to do their work with only a minimal amount of time without power. This was especially appreciated in the hot weather we have been experiencing. These men made me very proud of the City of Denton and I highly commend them. Si~ cerely, ~C George , lerihaw 608 Ticonderoga Denton, Texas 76205 566-6333 cc Mr. Bob Nelson City of Denton 1 • O • i I August 3, 1995 Mr. Lloyd Harrell, City Manager City of Denton 215 E. McKinney Denton, Texas 76201 Dear Mr. Harrell, Thanks to the efficient crew of Hill Cornell, Rudy Sanchez and Cruz Torres, our tree problem was resolved in a hurry. We had been very concerned about our tree limbs that were in the power lines and the dangers involved with that situation. The men not only removed the limbs, they protected the fences and clerned up the mess. 0 believe they are to return one more time when they can get a different truck to clean out one more area.) We also appreciate the way Betty Glasscock handled our phone conversa- tions as we were arranging for the crew. Rynell and 1 just retired and returned to her hometown of Denton, buying this home for our retirement. It's good to be back in Denton. Rest, wishes, j Novak I 1321 Amherst Dr've • Denton, Texas 76201-1705 (817) 387-3092 • • • i~;'G r~4 ArV ,i:i br~~ `fb"~'If:~,dl,y4tii1~ • • TEXAS WOMAN'S oa. UNIVERSITY DE%r0', DALLAS HOOSTO% Pn P.1 R T%4 % I t IF KIN ESIOUIC) Cd1,~,; rt firallh V'trnce♦ 1'U K, 21717 [Xnton TS 'haF 1717 MOM' S17 ra. %t- 444.$;,1 August 3, 1995 Mr. Lloyd Harrell City Manager City of Denton Denton, T% 78201 Dear Mr. Harrell: As project manager for ft Vision for Denton - 21st Century you had the privilege of hearing and seeing the Loam Action Team's recommendations to the cabinet on July 31, 1995. What you may not know Is the significant role Ms. Eva Poole, Director of the Emily Fowler Public Library, served In helping the sub-committee that developed the proposal for a Denton InloNel. Ms. Poole wa3 an invaluabl,% member of the group and her ability to visualize how the Public Library could take a bad role in this endeavor was encouraging to everyone on the sub- Committee. Her willingness to give many of hsr leisure hours to this project should be recognized. If the CabkM 'buys Inle this idea d a Denton InfoNet I am ewe Ms. Poole will be very much involved In translating this vision into reality. As Ms. Poola's irunedials supervisor, 1 hope you will have an opportunity to acknowledge her vital role in the work of this Loam sub-commitlee. She went beyond the call of duty and did the City Staff proud. M dially, • B y Myers Chairperson, Learn Action Team Vision for Donlon - 21st Century A Gnnpr; ly~rr;r Pifilu llrua+sdy PrimrtrifY F+r YY'ornrn i k, Au fgrrui Oppn7urrrlV'Athnrwfrtr Arfiurr LnfJ,nnrr b • ~ Y e f may. r~ S ,J,.~~y~. Ir y. N._ M1ifi qI~ • - a • Apnea Na Rotary Club of Denton-South Do August 8, 1995 Barbara Ross Community Development Administrator City of Denton 100 W. Oak Street, Suite 208 Denton, Texas 78203 Dear tsAs.-Ros,S`.` %~~~,t,Cc~ It was our pleasure last month io have the opportunity to listen to a presentation by your Human Services Coordinator, Mr. Derrick Collins. Derrick spoke at the request of our Community SerAces Director, John Rademacher. Despite having been given short notice and being new to hIs position, Derrick was gracious and courageous enough to accept the Invitation to speak. His presentation was very professional, informative, and enthusiastic. The feedback from the audience of about 30 Rotary members was very positive, including that of Denton City Council Members Euleen Brock and Jack Miller. Our purpose for having Invited Derrick to speak was to become better informed about the scope and status of human services in Denton; thus, be able to better support the associated programs. Not only has Derrick done an excellent job of informing us but he has also convinced us that the Coordinators position Is in great hands. Please convey our appreciation to Derrick for a job well done. We will continue to stay informed about human services and support the programs as best we can. Si 1 Warren Searls j Club President RECEIVED ` r • . AIJi~ 0 9 t~ COMMUNITY DEVELOPMENT r • 1' p • r ' • rl J CARLTON C A R D S L~A C_ • 1117 3 jw ~ ` r o 1 it B , ( ff USA 375 CA DA 195 CT5308P i 'r • • • 1 Wt- ? ice"'-"' IVA c, P*/ V~- ~ y . , • . • - i 4 J.. J1?'~. yr{ i.4" i f - a f . r j AM& K Ap F* bm f>t lfaq rho ~1 tLr !s tlr: ~ b wr. 9 fmat ~ a~ed~ b ~ee • • i Apyk~ Ma App rAM August 16, 1495 Mr. Lloyd Harrell Denton City Manger 215 E. McKinney Denton, TX 76201 Dear Mr. Harrell: I am a doctoral student at Texas Woman's University and was enrolled in a Risk Reduction course during the second summer term. The focus of the course was on drug education and prevention. Each student was responsible for scheduling a guest speaker who has expertise in the field of drug education and prevention. As a health educator, I thought it would be interesting to find out what the Denton Independent School District is doing to address the drug issue. Therefore, I called the D.A,R. E. office and spoke to Officer Lee Weber who agreed to be a guest speaker. Officer Weber did an excellent job in presenting and explaining all the facets of the D.A.RE. Program. He held the audience's attention and answered numerous questions with rase. It is obvious that Officer Weber is extremely knowledgeable in the field of drug education and prevention. What impressed the class the most was his ability to communicate in such a manner that was both enjoyable and informative. In my opinion, the Denton Police Department and DISD are extremely fortunate to have an individual such as Officer Weber working in the D.A.RE. Program. He is a true professional and is an excellent representative for the City of Denton. Being in the health profession, I understand the importance of drug education and prevention. I fully support the D.A.RE. Program and I am very appreciative of Officer Weber's efforts. • Sincerely, Susan E. Keith Doctoral Student , • Texas Woman's University • • cc: Officer Lee Weber t1A • - a • APPA to. ,7-lfearthstate .Homes AwA tae 00 1303 Walnut Hill Lane. Suite 100 Irving. Texas, 750.38 August 25,1995 Kevin Pryor City of Denton 901 A Texas St. Denton,TX 76201 Dear Kelvin, I wanted to thank you and your crew for their speed and efficiency of setting the water meter at 25 Royal Oaks C;rcle. From our past experience the local Townships receives a great deal of complaints but rarely a congratulations for a job well done. I wanted to say job well done and thank you for your help. We look forward to future projects with you and The City of Denton. Sincerely, Barry K. Dudley Vicc-President Hearthstone Homes,lnc. • i • • i Telephone [214) 753.0544 Teiecopier (214) 753-0910 , C'1 • 0 • r . i A" NO _ AOM mm DIN - CITY OF HILLSBORO 116 B. Woes P.O. nos 668 8flisbors, Ts. 76646 s17 664-3371 T0: Lloyd Harrell City Manager 215 E. McKinney Street Denton, Texas 76201 FROM: Billy Kirby Director of Public Services P.O. Box 568 Hillsboro, Texas 76645 Dear Sir: I wanted to express my sincere appreciation for sending Mike down here to share his wide range of knowledge and experience on the rules; regulations and general information about landfills. Mike provided us with advice and information regarding what to expect and how to avoid some of the problems there are in running this type of operation. I feel that the people who attended this meeting benefited greatly and I once again wanted to say thanks for letting him coae down. • Billy Kir- y I Director of Public Services i .c 1 lid t.i "~t ~1 ~f•~~'f ~r v • • , F. Ma TANYA S. PRATT cmwlml.nd &ohm ower RR 6 Box 194-AA Dvdon, Texas 76201 T**)?we 817.6852126 or Boolw 310-8296 09!02/95 Fa 117-6159281 To: City Manager City of Denton Re: Fraise where praise is due, , Dear Sir; We want to sincerely thank several employees of the City Building Permits office and the City Punning office for their treatment of our staff and work oa several projects they assisted us with in August. In a time where we are all often extremely busy, it's nice to hear when you've made a real difference. These people have, and our office wanted to stop a minute and say-- "Thanksl". Greg Mitchell, Stacy Rowla_zd, and Beverly were wonderful. Our calls were always forwarded or noted and delivered in a timely manner. Our questions were always answered with professionalism, precision and politeness. A special note for Mr. Mitchell. He gave us hie time even when we ventured, unannounced, by his office with last minute crucial questions and details about our projects. He was a tremendous help to our building and permits process. Thank you sincerely, Greg 11 1 our offices appreciate the City of Denton and it's employees, and encourage them to "Keep up the Great Work". • Sincerely, • Tanya Pratt s Staff • • j tds/TP • I a • I I i t I t 1 EEI JC) i I I ~ I s ' s 1=1 LmE • o