HomeMy WebLinkAbout02-06-1979
,
ro~ AGENDA 111
CITY OF DENTON CITY COUNCIL 1
Fb'BRU.1RY 60 1979
Regular Meeting of the City of Denton City Council, Tuesday, February 6, 1979
at 7tOO p.m. in the Council Chamber of the Municipal Buildings
1. Consider adopting the minutes of the Regular Meeting of January 16,
1979 and the Special Called Meeting of the City of Denton City Council
and the Airport Advisory Board of January 231 1979.
2. PUBLIC HEARINGS3
A, 2-1373. This is the petition of Mr. Robert Smith requesting a
change in zoning from Agricultural (A) to Two Family (2-F)
classification on 8.4 acres adjoining the eastern edge of North
Lakes Park.
B. 2-1374, This is the petition of Mr. Robert Smith requesting a
change in zoning from Agricultural (A) to Single Family (SF-7)
classification on 10.1 acres located south of Windsor Drive, be-
ginning 325 feet west of North University Place addition.
C. 2-1375. This is the petition of Mr. Robert Smith requesting a
change in toning from Agricultural (A) to Single Family (SF-10)
E classification on 23.8 acres adjoining the western edge of North
University Place addition.
D, 2-1364. This is the appeal of Ms. J Cohagen requesting a
change in zoning from Single Family V-7) to Commercial (C)
classification on .78 acre located at the southeast corner of
Taliaforro and'North Elm.
E. 2-1372. This is the petition of Mr. E. L. Hughes requestinS a
change in zoning from Two Family 12-F) to Commercial (C) clasvi:i-
cation on property located at 513 Bolivar.
F. 2-1368. This is the petition of Mr. Joe Below requesting a change
in zoning from Agricultural (A) to Single Family (SF-7) classifies-
tion on 36.6 acres bounded on the east and south by Highland Pazk
Road, This tract begins appropximately 750 feet south of Willow-
wood.
0. 2-1369. This is the petition of Mrs. Sills Gulrich requesting a
change in toning from Multi Family IMF-1) to Office (0) classifica-
tion on a .22 acre tract located at 317 Mulberry.
H. 2-1370. This is the petition of Ms. Ann Powell requesting annexa-
tion and Light Industrial (LI) coning classification for a 12 acre
tract located on the north side of Scriptura, adjacent and immediately
west of the ATSF railroad tracks. This,property begins 500' west
of I-35.
1. 2-1371, This is the petition of Mr. John Porter requesting a change
in zoning from Single Family (SF-7) to Commercial (C) classification
on 1.14 acres located at the northeast corner of I-35E and Lindsey St,
J. 2-1365. This is the petition of Mr. Dick Harris requesting a change
in zoning from Single Family (SF-10) to Two Family (2-F) and Multi
Family (MF-R) and (MF-1) classification on 21'acrea located on the
r west aide of Carroll Boulevard, north of the Denton County Fairgrounds.
3. Consider instituting annexation proceedings concerning a fcur acre tract
located on the east side of Cooper Creek Road, the request of Safety Kleen
Corporation.
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4, Consider site plan approval for a portion of Planned Development 2.
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S, Receive report and recommendation from the sit Selection Committee end
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Architect for the Police and Fire Fooility,
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Board
pethe riod Plumbing
of temporary gas Mechanical Cde
6, Receive of a the n from
Service.
for an extensi
I T. Receive a recommendation from the staff on procedure to be used for
payments for oversized utility lines and streets.
8. Review the request of Mr. Charles Davis for head-in parking on the
south side of Sycamore Street, between Boll Avenue and E:cposition.
9. Receive a request for improvements to Sherman Drive and related work
on the lot belonging to Mrs. Murphey.
10. cconsider ontract with NTSU for rentfrom al of baseball field for 1979 baseball season,
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Consider Consent Agenda
I' CONSENT AGENDA
Each of these items is recommended by the Staff and approval thereof will
be strictly on the basis of the staff recommendation. Approval of the Consent
Agenda authorizes the City Manager or his designee to implement each item in
accordance with the staff recommendations
A. BIDSt
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18624 Switchgear assemblies
18629 Steeetlight assemblies with bulbs
18630 Capacitor banks
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18632 Hydraulic hpie saw for pipe
k ? 7 .16633 Roofing and roof repairs
18634 Preventative maintenance sir conditioning/heating
P. 0. 138535 BIF egvil-ment repairs
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12. Executive session
~~•d~ ? e,63
AGENDA ITY COUNCIL
CITY OF DENTON C
FEBRUARY 6, 1979
- Regular Meeting of the City of Denton City Council, Tuesday, February 61 1979
at 7sOO p.m, in the Council Chamber of the Municipal Buildingo
1. Att ider adopting the minutes of the Regular Meeting of January 16,
1979 and the Special Called Meeting of the City of Denton City Council
and the Airport Advisory Board of January 23s 1979.
2. PUBLIC HEARINGSe
/ A. Z-1373. This is the petition of Mr. Robert Smith requesting a
s change in zoning from Agricultural (A) to Two Family (2-P)
classification on 8.4 acres adjoining the eastern edge of North
/ 3~• 1~ Q~t Lakes Park.
B. 2-1374. This is the petition of Mr. Robert Smith requesting a
change in zoning from Agricultural (A) to Single Family (SF-7)
Qk classification on 10.1 acres located south of Windsor Drives be- t
ginning 325 feet west of North University Place addition.
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C. 2-1375. This is the petition of Mr. Robert Smith requesting a
change in zoning from Agricultural (A) to Single Family (SP-10)
classification on 23.8 acres adjoining the western edge of North
University Place addition. ;
` D. 2-1364. This is the apleal of Me. Joann Cohagen requesting a
change in zoning from Single Family (SO-7) to Commercial (C)
classification on .78 acre located at the southeast corner of
Taliaferro and North Elm.
2-1372. This is the petition of Mr. E. L. Hughes requesting a
A change in zoning from Two Family (2-F) to Commercial (C) classifi-
f~ cation on property located at 513 Bolivar.
1 t
10 Z-1368. This is the petition of Mr. Joe Belew requesting a change
in zoning from Agricultural (A) to Single Family (SF-7) classifica-
tion on 36.6 acres bounded on the east and south by Highland Park
Road. This tract begins appropximately 750 feet south of Willow-
Wood,
fl Z-1369. This is the petition of Mrs. Sills Gulrich requesting a
change in zoning from Multi Family (MF-1) to office (0) classifica-
tion on a .22 acre tract located at 317 Mulberry.
dt~1. Z-1370. This is the petition of Me. Ann Powell requesting annexe-
~N tioa and Light Industrial (LI) zoning classification for a 12 acre
tract located on the north side of Scripture, adjacent and immediately {
west of the ATSF railroad tracks. This property begins 500' west
of I-35.
1. Z-1371. This is the petition of Mr. John Porter requesting a change
in zoning from Single Family (SF-7) to Commercial (C) classification
on 1.14 acres located at the northeast corner of I-358 and Lindsey St. {
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J~ J. Z-1365. This is the petition of Mr. Dick Harris requesting a change
I in zoning from single Family (SP-10) to Two Family (2-F) and Multi
Family (Mr-R) and (MF-1) classification on 21 acres located on the
i west aide of Carroll Boulevard, north of the Denton County .fairgrounds.
f F Receive a request for improvements to Sherman Drive and relateel'work
ppf(i on the lot belonging to Mrs. Sue Murphey.
CoM~P
4. Consider instituting annexation proceedings concerning a four acre tract
located on the east side of Cooper Creek Road, the request of Safety Kleen
Corporation.
Consider site plan approval for a portion of Planned Development 2.
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Q~ Receive report and recommendation from the Site Selection Committee
y~is and Architect for the Police and Fire Facility.
Receive a recommendation from the Plumbing and Mechanical Code Board
l" for an extension of the time period of temporary gam service,
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~G 8. Receivb a recommendation from tho staff on procedure to he used for
111 payments for oversized utility lines and streets.
~9. Review the request of Mr. Charles Davis for head-in parking on the
south side of Sycamore Street, between Bell Avenue and Exposition.
J 00. Consider recommendation from the Parks and Recreation Board to consider
contraot with NTSV for rental of baseball field for 1979 baseball season.
'tiol. Consider 'lMPA system development arid reliability expenditure projects
as approved by TMPA Board on December 140 1978.
a 2. Consider Ordinance with respect to calling an election to approve pro-
posed generating projects of TMPA.
„r,ryY43. Consider granting easement to TMPA for location of 138Kv substation at
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Spencer Plant.
n no,A. Consider bid 08633 - roofing and roof repairs.
Consider bid 08634 - preventative maintenance air conditioning/heating,
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16, Consider Consent Agenda.
CONSENT AGENDA f
Each of these items is recommended by the Staff and approval theret will i
be strictly on the basis of the staff recommendation. Approval of the Consent
Agenda authorizes the city Manager or his designee to implement each item in
I accordance with the staff recommendations
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A. BIDSs
08624 Switchgear assemblies
#0629 Streetlight assemblies with bulbs
08630 Capacitor banks
` B. PURCHASE ORDER IN EXCESS OF $3#000.001
{ P.O. #38535 BIF equipment repairs
17. Executive sessions !
A. Board appointments.
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8, Litigation.
18. Consider Board appointments, I
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City Council
January 16, 1979
Regular Meeting of the City Council of the City of Denton, Tuesday, January 16,
i 1975 t 1:00 p,m. In the Council Chamber of the Municipal Building.
PRESENT: Mayor Mitchell, Members Nash, Stewart and Hughes; City Manager Chris
Hartung, Assistant City Managers Jack Owen and King Cole, City Attorney
Paul Isham and City Secretary Brooks Holt.
ABSENT: Mayor Pro Tem Gay.
1. Motion was made by Hughes, seconded by Stewart that the minutes of the
Regular Meeting of December 19, 1918 be approved. Motion carried.
2. PUBLIC HEARING:
(A) A public hearing was held on Z-1366, the petition of Safety Kleen
Corporation, requesting annexation and Planned Development (PD) zoning classification
on a 4 acre tract located on the east side of Cooper Creek Road, south of the exist-
ing Safety Kleen
facility,
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The Mayor opened the Public Hearing.
After hearing 1 speak in favor and none in opposition, John Lavretta
stated that there was no opposition from letters mailed to property owners, and
I j added that no motions were to be made on the request. He also stated that the
Planning and Zoning Commission recommended approval with several conditions.
Council Member Stewart asked how the solids from the products were
1 disposed of.
Utilities Director Bob Nelson answered that the Company complies with
the waste ordinance,
3. Ed Stapleton appeared regarding facilities for the handicapped at the
Municipal buildings. He sited State laws and advised that the Municipal buildings
be changed so that handicapped persons can use bathrooms and other facilities.
Council Member Stewart stated that this is ridiculous to re-do buildings
at exhorbitant costs.
The City Manager asked Stapleton for a full list of concerns, and he
added tkit the Staff must analyze the cost and present findings to the Council.
4. Roland Vela, Chairman of the Airport Advisory Board gave a report from
the Airport Advisory Board on Aerosmith Denton Corporation contract. He compared
the 1965 contract with the 1975 contract. He pointed out the following:
A The term of contract (30 years).
B The base rent ($100 per month).
C The hangar rental where Aerosmith pays the City 10% of these
rentals.
D The rece~ture of the terminal building,
ii E Building maintenance.
3 F Removal of structures (not to be removed without agreement
of both parties).
(G) The utilities (City will provide'all'utilities and security
lighting,
(H) New construction (any new construction be submitted to the City
I for approval.
(1) Default (in case of default for any reason the City has the
! rtght'of first refusal on purchase of all structures.
(J) Gallonage Fee--Aerosmith shall pay the City 2t per gallon on
aviation fuel.
(K) Other Aerosmith Enterprises--Aerosmith may engage in any' aviation/
airport-related business,
COMMENTS:
Stewart--Could the Board work up a contract more favorable to the City?
Vela--I believe the Board would be happy to work out a new contract.
January 16, 1979 Continued
C. J. Taylor, Member of the Ad Hoc Committee--We were asked to compare
the 1965 and the 1975 contract,
Hughes--We were told that the 1975 contract would mean more, not less
money fur the City. We need to come up with an ideal contract,
Nash--This needs to be resolved. I am not in favor of breaking a contract.
The extension of 30 years is the worst part of the contract, but we should honor it,
Stewart--Aerosmith told the City that they borrowed for hangars on a '30
year pay-off, but actually they had only a 12 year Loan,
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Motion was made by Nash, seconded by Hughes to receive the report by the
Airport Advisory Board and Ad Hoc Committee. Motion carried.
Mr. Giles Smith of Denton Aerosmith requested permission to meet with
the Council to discuss the contract, The Council agreed,,
5. The Council considered 0-21, the requested quit claim of a utility ease- 4
meet on properties located on the west side of Stuart Road in the vicinity of
(y) Manhattan and Sierra,
(y) John lavretta briefed the Council,
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Council Member "lash abstained since he is engineer on the project.
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Q the utility esteasemention was MotionncarriedSwithrNashaabstaining,claim of
6. The Council considered land acquisition and hiring of an appraiser for
Community Development funded park and drainage project.
John lavretta stated that approximately .$65,000 has been set aside for
the project, $35,000 for drainage improvements. The site is west of Dreamland
Apartments, l
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Motion was made by Stewart, seconded by Hughes to acquire the property
and hire an appraiser. Motion carried,
7. ORDINANCES:
The following Ordinances were presented:
(A) ORDINIUICE NO. 79-1
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING TO GOLDEN TRIAN4LE COKIUNI-
CATIONS, A PARTNERSHIP OF SUBSIDIARIES OF DENTON PUBLISHING COMPANY AND COX CABLE
COMMUNICATIONS, INC. OF ATLANTA, GEORGIA, THEIR SUCCESSORS AN) ASSIGNS, A FRANCHISE
TO ERECT, MAINTAIN AND OPERATE A CABLE TELEVISION SYSTEM, ITS STRUCTURES AND APPUR-
TENANCES THERETO, IN,. OVER, UNDER, ALONG AND ACROSS THE PUBLIC STREETS, HIGHWAYS, {
ALLEYS, BRIDGES AND OTHER PUCLIC WHYS AND PLACES IN THE CITY OF DENTON; ESTABLISH-
ING CONDITIONS FOR THE USE Of THE STREETS A11D OTHER PUBLIC PROPERTY; PROVIDING
RULES GOVERNING THE OPERATION OF THE SYSTEM; PROVIDING FOR 'A SEVERABILITY CLAUSE;
AND DECLARING AN EFFECTIVE DATE.
Motion was made by Hughes, seconded by Mitchell that the Ordinance ,
be passed. On roll call vote Nash "nay% Hughes "aye", Stewart "aye" and Mitchell
"aye", Motion carried 3 to 1.
(B) ORDINANCE NO. 79.2
AN ORDINANCE DIRECTING THE ISSUANCE OF NOTICE OF SALE OF BONDS.
Motion was made by Stewart, seconded by Nash that the Ordinance be
gassed. On roll tail vote Hughes "aye", Nash "aye", Stewart "aye" and Mitchell 3
aye", Motion carried.
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January 16, 1979 Continued
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(C) ORDINANCE NO. 79-3 (H, G. Rylander)
AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS
n ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY
ORDINANCE NO, 69.1, AND AS SAID MAP APPLIES TO 6,2 ACRES OF LAND OUT OF LOT 71
BLOCK 187-2, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON,
TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. °tf
Motion was made by Hughes, seconded by Stewart that the Ordinance be
Rassed. On roll call vote Nash "aye", Stewart "aye", Hughes "aye" and Mitchell
aye". Motion carried.
(D) ORDINANCE NO. 79-4
THAT THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, IS HEREBY AMENDED BY
AMENDING CHAPTER 14, AhTICLE Is SECTION 14-4 "DISCHARGING FIREARMS" TO ALLOW THE
DISCHARGE WITHIN THE CORPORATE LIMITS OF THE CITY UNDER CERTAIN EXCEPTIONS;
PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE
DATE.
Motion was made by Stewart, 'seconded by Mitchell that the Ordinance
be passed. On roll call vote Nash "aye", Hughes "aye", Stewart "aye" and Mitchell
"aye". Motion carried. '
1 The Council considered the following Resolution supporting DCCC's efforts
to establish sheltered workshop:
AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF nL'OTO% TFXI',S, HF.'.D IN T,1E
MUNICIPAL. BUILDING OF SAID CITY ON THE 16TH DAY OF JANUARY, A.D. 1979.
RESOLUTION
WHEREAS, there is a need for a sheltered workshop for handicapped, disabled and
mentally retarded persons in Denton County; and
j WHEREAS, the City of Denton's Human Resource Committee has recommended such a
{ workshop; and
WHEREAS, the Denton County Community Council is attempting to establish a sheltered
workshop for the disabled, mentally retarded and handicapped;
1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS:
That the Denton County Community Council be encouraged to establish a sheltered
workshop for the disabled, mentally retarded and handicapped in Denton County,
and that all citizens and agencies give their support to such endeavor.
PASSED AND APPROVED this the 16th day of January, A. D. 1979.
Toe iff c e ayor
City of Denton, Texas
ATTEST:
f ~ ll-rs
ookss Holt,', City Secretary
j ! City of Denton, Texas
APPROVED AS TO LEGAL FORM:
Paul Is ham, City Attorney
City of Denton, Texas
Motion was made by Hughes, seconded by Mitchell that the Resolution be
passed, On roll call vote Stewart "aye", Nash "aye", Hughes "aye" and Mitchell
'aye", Motion carried,
January 16, 1979 Continued 83
9. The Council considered the following Resolution authorizing the City
Manager to execute contracts with Denton County Cities for ambulance service:
AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE
MUNICIPAL BUILDING OF SAID CITY ON THE 16TH DAY OF JANUAZY, A.D. 1979.
RES0LU71011
WHEREAS, the City of Denton commenced an ambulance service that is now part of
the City of Denton Fire Department, and
WHEREAS, officials fron the City of Denton, County of Denton and other Denton
County cities and towns agreed that certain cities and towns as well as a certain
portion of the unincorporated area of Denton County would be provided ambulance f
service by the City of Denton; and
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WHEREAS, agreements have been prepared and approved between the City of Denton and
other cities and towns in Denton County for providing this service;
NOW, THEREFORE, 8E IT RESOLVED BY THE CITY COUNCIL of THE CITY OF DENTON, TEXAS:
(y) f
That the ambulance contrarts between the City of Denton and other cities and
towns in Denton County are hereby approved and the City Manager or Mayor of the
City of Denton are hereby authorized to execute the same on behalf of the City of i
Denton.
Q PASSED A140 APPROVED this the 16th day of January, A.D. 1979.
~A MITCHELL, KAYOR
ATTEST. CITY OF DENTON, TEXAS
BROOKS HOLT, CITY SECRETARY
CITY OF OENTON, TEXAS
APPROVED AS TO LEGAL FORM;
/s/ _
PAUL G. 15K AM* * CITY ATTURUNEY
CITY OF DENTON, TEXAS
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Motion was made by Hughes, seconded bl Stewart that the Resolution be
passed, On roll call vote Nash "aye", Stewart 'aye", Hughes "aye" and Mitchall
aye". Motion carried,
10, The Council considered a motion to approve TML Workmens' Compensation
Board of Trustees ballot,
The City Manager stated that the by-Taws of TML Workmens' Compensation
Joint Insurance Fund says that all board member positions after the original
appointments would be subject to election.
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j Motion was made by Stewart, seconded by Nash that Alfred H, Koebig,
1 Ed Wagoner and R. Marvin Toovnsend are the choices of the Council. Motion carried.
T1. CONSENT AGENDA:
Motion was made by Hughes, seconded by Stewart that the following Consent
i Agenda be approved with item C-40 Bid #8620-Sludge Truck, removed. Motion carried.
i (A) REFERRALS:
The following 8 petitions were referred to the Planning 6 Toning
Commission for its recommendations:
(1) 2-1368 the petition of Me. Joe Belew, requesting a change in
zoning from Agricultural 1A) to Single Family (SF-7) classification on 36.6 acres
bounded on the east and south by Highland Park Road. This tract begins approxi-
mately 750 feet south of Willowwood.
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January 16, 1979 Continued
(2) Z-1369, the petition of Mrs, Silla Gulrich, requesting a change
in zoning from Multi-Family (MF-1) to Office (0) classification on a .22 acre tract
located at 317 Mulberry.
(3) Z-1370, the petition of Ms. Ann'Powell, requesting annexation
and Light Industrial (LI) zoning classification for a twelve acre tract located
on the north side of Scripture, adjacent and immediately west of the ATSF rail-
road tracks, This property begins 500' west of 1.35.
(4) Z-1371, the petition of Mr. John Porter, requesting a change
in zoning from Single Family (SF-7) to General Retail (GR) classification on 1.14
acres located at the northeast corner of 1-35E and Lindsey Street, j r
(5) Z-1372, the petition of Mr. E. L. Hughes, requesting a change )
in zoning from Two Family (2-F) to Commercial (C) classification on property at
513 Bolivar Street. r
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(6) Z-1373, the petition of Mr. Robert Smith, requestingq a change
in zoning from Agricultural (A) to Two Family (2-F) classification on 8 4 acres
adjoining the eastern edge of North Lakes Park. This tract measures 125' x 2960'. 4
(7) Z-1314, the petition of Mr. Robert Smith, requesting a change
in zoning from Agricultural (A) to Single Family (SF-7) classification on a 10.1
acre tract, This property is located south of Windsor Drive, its eastern edge
begins 325' west of North University Place Addition, and it measures 145' x 30501.
(8) Z-1315, the petition of Mr. Robert Smith, requesting a change i
i in zoning from Agricultural (A) to Single Family (SF-10) classification on a 23.8
acre tract adjoining North University Place Addition along its western edge. This j
property measures 325' x 32001, i
(B) PURCHASE ORDERS IN EXCESS OF $3,000.00:
Company in the(1) Purchase Orde27037967 was approved for payment to Darr Equipment
amount of ,164..
(2) Purchase Order #10589 was approved for payment to EMCO Manufac-
turing Company in the amount of $4,732.00.
(3) Purchase Order 038404 was approved for payment to FMC Corporation
in the amount of $3,015.18.
(C) BIDS:
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! (1) 18623, Manhole forms, awarded to Action Products in the amount
of $4,858,03.
(2) #8625, Fire fighting equipment, awarded as follows:
Item 1, hip boots to Casco Industries at $525.00
Item 2, helmets to Fire Protection.Service at $442.80
Item 3, bunker coats to Fire Appliance at $1,124.40
Item 4, 3" fire hose to W. H. Lumpkin at $3,135.00
Item 5, W fire hose to W. H. Lumpkin at $624.00
Item 6, Scott Air Paks to Casco Industries at $10800.00
Item 19 Air Pak bottles to Casco Industries at $1,062.00
(3) 486211 15KY power cable awarded as follows:
{ Item 1, 250 MCM Copper wire at $38,183.94 to Graybar Electric I
1 Item 2, 500 MCM Copper wire at $78,533;78 to Graybar Electric
(4) #8631, Electric meters, awarded as follows:
Items 1-168, electric meters, awarded to Wesco, the low bidder a
meeting specifications and firm for 1 year,
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Items 17-26, current transformers, awarded to Electrical
Distribution Products.
Items 27-38, meter sockets, to Priester Supply.
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Jbnuary 16, 1979 Continued 85
(5) 08628, truck cab an-+ chassis for commercial sanitation trucks
awarded to Lone Star Peterbuilt at $40,407.00, '
12. After discussing Bid 18620, Sludge Applicator Truck, motion was made by
Mitchell, seconded by Nash to award the bid to Rickel Manufacturing Company at
$49,777.50. Motion carried.
13, The Council adjourned into Executive Session at 8;41 p.m. to discuss
the Trantham vs, Holt litigation and the Edwards vs. City litigation, personnel,
board appointments and land acquisition,
14. The Council reconvened into Public Session at 9:15 p.m.
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15, Motion was made by Hughes, seconded by Stewart to name David Buck as {
a member of the Student Loan Commisstof to replace Bill Allen and William A. Luker
to the Research and Economic Development Board to replace Dee Knight. Motion
carried.
Meeting adjourned at 9:19 p,m,
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MAYOR
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City Council and Airport Advisory Board
January 23, 1979
Special Called Joint Meeting of the City Council and the Airport Advisory Board
of the City of Denton, Texas, Tuesday, January 23,..1979 at 7:30 p.m, in the Civil
Defense Room of the Municipal Building,
PRESENT: City Council: Mayor Pro Tem Gay, Members Nash, Hughes and Stewart; City
nager r s Hartung, Assistant City Managers Jack Owen and King Cole,
City Attorney Paul Isham and City Secretary Brooks Holt.
Airport Advisor Board: Roland Vela, Oran Crouch, Dave Thomas, Ed
MooreFea3 an , aylor.
ABSENT: City Council: Mayor Mitchell -(The Mayor joined the meeting during the
scuss on with TMPA
1. The Council considered the request from Denton County Community Council
for use of the old Post Office Building.
Homer Reese of the Community Council stated that the aid Post Office
Building is in dire need of repairs of the air conditioning unit , plumbing,
wiring and renovation of most of the building. The estimated cost would be $751000.
Dr, Wainwright of the Conmunity Council said that funds from HUD or the
Texas Rehabilitation Commission would be requested, but they would require a long
term lease of 15 to 20 years.
Nash--What are we being asked for tonight?
Reese--The commitment for some kind of a 5 year lease.
Nash--The old Post Office Building has been appraised at $220,0000 and
f this amount could be tied up for 5 years.
Gay--If we sold it for $220,000 and received 6% interest, the Sity
would earn approximately $13,000 per year, j
Hartung--It will be at least 3 or 4 years before we could expend funds li
for the renovation of the old Post Office Building.
Hughes--What is the total cost of the project requested by the Denton
County Community Council?
Dr. Wainwright--Thy first years estimated cost is $250,000, then should
come down to a bit under $100,000 a year.
Motion was made by Nash, seconded by Stewart to give the Denton County
Community Council use of the old Post Office Building for a 3 year period.
Wainwright--This would not be feasible since there is so much to be done
to the building as well as in other areas, and it could be October before grant
funds were received.
Nash and Stewart withdrew their motion.
Hartung--We can ascertain what amount we can get for the old Post Office
Building by advertising for bids,
1 f Motion was made by Stewart, seconded by Hughes to approve advertising
for bids for the old Post Office Building. Motion carried.
2. The Council considered Z-1358, the request for annexation and Single
Family (SF-7) toning classification on 10,2 acres located east of existing develop-
ment in Kingston Trace, the petition of First Texas Savings.
John tavretta advised that the petition has completed the public hearing
process by the Planning and Zoning Commission and the Council and all State require-
ments regarding annexation have been met, The Planning and Zoning,Comnission uran-
imously recommended approval of annexation and zoning at its October 40 1978 meeting.
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January 23, 1979 Continued
The following Ordinance was presented:
ORDINANCE N0. 79-5
AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON,
TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF AFPROXIMATELY
10.6 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTO11 STATE OF TEXAS
AND BEING IN THE D.D. CULP SURVEY, ABSTRACT NO. 287, DENTON COUNTY TEXAS; CLASSIFY- f
ING THE SAME AS SINGLE FAMILY "SF-7" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE
DATE,
Motion was made by Nash, seconded by Stewart that th'e Ordinance be passed.
On roll call vote Hughes "aye", Nash "aye", Stewart "aye", Gay "aye". Motion
carried,
The Council reviewed and considered TMPA system development and reliabi-
l3.ity expenditure projects as approved by TMPA Board on December 14, 1978,
Mr. Joel T. Rodgers, TMPA General Manager, briefed the Council relative
to development and reliability expenditure projects as follows:
M (A) lie stated that the estimated cost would be $270,000,000,00 if
co other utilities participate; otherwise the cost could be $2849035,000,00,
WrIt,
L (5) He gave a general description of the systems development and
Q reliability expenditures necessary to provide an economically feasible and reliable
j Q system. (C) THPA expenditures intends from revenue provide bond funs for proceedsthe systems development and
reliability
(D) These expenditures are currently deemed necessary for the Agency
meet its
prepared adding by R. W . t Beek Agency Asbases
results of under an engneering study Contracts,
soc-
this o
1 sates dated August 3, 1978.
(E) He asked that the City approve certain additional projects which
were submitted to the cities for approval on O.cember 14, 1918, and the cities have
60 days to approve or disapprove such projects. He added that if disapproval occurs
it will restrict TMPA's future flexibility in planning and providing transmission
services to the cities,
Motion was made by Mitchell, seconded by Hughes that the report by
Mr. Rodgers be received, Motion carried.
The City Manager advised that this matter would be on the February
6th Council Agenda,
4. The Airport Board and The Council adjourned into Executive Session at
9:40 p,m. to discuss proposed o pending litigation,
5. The Council reconvened into Public Session at 10:35 p,m.
Motion was made by Hughes, seconded by Gay that the Airport Board be
instructed to continue negotiations with Aerosmith on a contract. Motion carried,
Bob Smith, President of A!rosmith, stated that he was aware of several
questions of concern to the Council. He added that we will work with the Airport
Board, but we are interested in a contract with favorable terms for both parties,
Meeting adjourned at 10:40 p.m,
1~(FOR {
i
Planning and Zoning Commission Recommendation
to the City Council
Z-1373, Z-1374, Z-1375
February 6, 1979
The petitioner is proposing a unified residential development on a 42 acre
tract located between North Lakes Park and North University Place Addition.
The development proposed would require three zoning changes. At the re=
quest of the petitioner, the Planning and Zoning Commission held the public
hearing for the three cases simultaneously. The planning staff would rec-
ommend the Council also hold a simultaneous public hearing,because we feel
that it would result in a more meaningful discussion and be less confusing
to persons who want to address the Council on these cases. The Council
will have to vote separately on each of the three zoning petitions.
Identity, and Location: Z-1373
{
14 This is the petition of Mr. Robert Smith requesting a change in zoning ,
j from Agyricultural (A) to Two Family (2-F) classification on 8.4 acres f
adjoining the eastern edge of North Lake's Park. ~
Identity and Location: Z-1374 {
This is the petition of Mr, Robert Smith requesting a change in zoning
from Agricultural (A) to Single Family (SF-7) classification on 10.1
acres beginning 325 feet west of North University Place Addition.
I
Identity and Location: Z-1376
This is the petition of Mr. Robert Smith requesting a change in zoning
j from Agricultuual (A) to Single Family (SF-10) classification on 23.8 i
Ii acres adjoining the eastern edge of North University Place Addition,
l '
Recommendation;
The Planning and Zoning Commission unanimously recommended approval of
zoning petitions Z-1373, Z-1374, and 2-1375.
^ This unified residential development proposal carefully provides for
11 transitions among differing land uses. North Lakes Park provides the
western boundary of this tract and North University Place Addition is
the eastern boundary. The petitioner proposes moderate density Duplex
(24) zoning classification adjacent to the park because duplexes In
this location will serve as a buffer between the park and single
family development proposed to the east. This single row of duplexes
+ adjacent to the park would face single family homes (SF-7 zoning) on
{ the opposite side of the street. Contiguous to the existing North
1 University Place Addition, the petitioner proposes to develop a double
row of large lot SF-10 zoning--the samo zoning classification in place
on most of that subdivision.
i ,
I
f
-2-
Municipal utilities are available for extension to serve this proposed
development and proposed streets provide adequate access. (The devel-
oper originally proposed a street connection to Windsor Drive, but
i withdrew his request following opposition expressed at the Planning
Commission meeting to such a connection.)
Brief reports on the individual zoning requests follow. r
Report Z-1373: Agricultural (A) to Two Family (2-F)
f
The tract in the request measures 125' x 2,7701. The petitioner's
proposal to build a single row of duplex lots adjoining the eastern
edge of North Lakes Park appears to be a reasonable petition given
the relationship of this tract to anticipated land uses. The City's
North Lakes Park development adjoins this property to the west. To
I i the east of the property, the petitioner proposes SF-7 and SF-10
single family zoning. Duplex zoning on this tract provides a good
transition between these land uses and no negative impact to existing
or future single family properties is anticipated as a result of ap-
proval of this petition.
The Planning and Community Development Department recommended approval
of this petition, No reply forms were returned either in favor or in
tion. Some opposition was expressed at the Planning Commission
hearing,
Report 2-1374: Agricultural (A) to Single Family (SF-7)
{ The tract in this request measures 145' x 2,9301. The petitioner's
I proposal to'build a single row of Single Family (SF-7) lots 1s a
reasonable request because of the gentle land use transition it pro-
vides to the duplex lots to the west and the SF-10 lots to the east,
adjacent to North University Place, No negative impact to existing
or future single family properties is anticipated as a result of
j approval of this petition. ,
The Planning and Community Development Department recommended approval
of this request. No reply forms were returned either in favor or in
opposition. Some opposition was expressed at the Planning Commission
hearing,
Report Z-1375: Agricultural (A to Single Family (SF-10)
The tract in this request measures 325' x 3,270'. The petitioner pro-
poses to build a double row of single family lots, totalling over
10,000 square feet each, adjacent to the western edge of North Uni-
versity Place Addition. This is a logical extension of existing SF-10
i zoning and development and no negative impact can be expected if this
i petition is approved.
,
The Planning and Community Development Department-recommended approval
of this petition. Of notices sent to property owners for the Planning
Commission hearing, five were returned in favor and five in opposition.
Some opposition was expressed at the Planning Commission hearing.
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Planning and Zoning Commission Recommendation
to the City Council
Z-1364
1 February 6, 1979
Identity: Z-1364
This is the petition of Ms. Joann Cohagen requesting a change in
• zoning from Single Family (SF-7) to Commercial (C) classification
on .78 acre.
Location:
f 1 This tract is located at the southeast corner of North Elm and
Tallaferrc.
4 Recommendation:
I The Planning and Zoning Commission recommends denial of this
petition.
The site In this request is located adjacent to properties fronting.
North Elm and North Locust which are zoned and developed for single
family residences. If the proposed zoning change is approved,
Commercial (C) zoning classification would abut the back yards of
several homes. It has been the Planning Commission'!, observation
that property owners south of Taliaferro--especially along Locust
north of Sherman--have been upgrading these single family homes in
the last several years. There is a significant number of renters
in this area, but staff research indicates that half of the resi-
dences within 200 filet are owner occupied. It appears likely
commercial development in this location would have a negative
impact on nearby residential properties.
The tract in this request is located south of an area along North
Elm which was zoned Commercial (C) in the 1960's, at a time when it
was considered likely this vicinity would develop into an arterial
service area for the well-traveled Highway 77. That is not what
has occurred, however. It appears less than one third of com-
mercially zoned properties are being utilized for commercial uses
and there are significant areas zoned commercial which remain
i ( vacant.
i
Utilities and streets are adequate to accommodate development.of
this tract in accordance with the requested zoning change.
Because of the likely negative impacts to existing residential pro-
f pertiess combined with the significant presence of unused commercial
I roperty near the site in this petition, the Planning ano Zoning
Comission recommended denial of this request. The vote by the
Commission was three to deny, two to approve, and one abstention.
i
• I
i
1
The Planning and Community Development Department recommended denial
of this petition. Of notices sent to property owners for the Plan-
ning Commission hearing, two were returned in favor and eight in op-
position to this request. Substantial neighborhood opposition to this
s` petition was expressed at the-Planning commission hearing.
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Planning and Zoning Commission Recommendation
to the City Council
Z-1372
February b, 1979
Identity: 2-1372
This is the petition of Mr. E. L. Hu hes reques;,ng a change in zoning
from Two Family (2-F) to Commercial zoning classification on a
,23 acre tract.
Location:
This property is located at 513 Bolivar, on the west side of Bolivar
i between Parkway and Congress.
Recommendation:
The Planning and,Zoning Commission voted three in favor and three in
oppposition to this petition. Both the negative and positive concerns
wAich Commissioners expressed will be presented.
Negative: ;
} Most of the properties within this Two Family (2-F) zoned area, located
northwest of the Central Business District, are developed with well-
maintained single family homes. Commercial zoning and development
currently stop at Bolivar Street and there seems to be no Justifica-
tion to expand the Commercial (C) district into this residential block
on the west side of Bolivar. Approval of this petition would establish
an undesirable precedent encouraging other similar requests in this
older neighborhood,
Positive:
The majority of residential properties within this block front Congress,
and approval of this petition would certainly not have a negative 1m- 1
pact to them. Given that the Chamber of Commerce building is located
at the northeast corner of Carroll and Parkway, and a church is located
Immediately north of the site in this request, this block is not totally
residential in character. Expansion of the Commercial (C) zoning dis-
trict in this vicinity is necessary to meet the growing service needs
of the Central Business District.
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Planning and Zoning Commission Recommendation
Z-1368
February 6, 1979
Identity: Z-1368
This is the petition of Mr. Joe Belew requesting a change in zoning
andi south i by Highland l Park f Roadion on 36.6
from Abounded u on l the ) east Single
acres
` n Location: I
i f This tract begins approximately 750 feet south of Willowwood and i
650 feet east of Bonnie Brae.
f Recommendation:
The Planning and-Zoning Commission recommends approval of this petition. j
4
The requested zoning change would permit single family development on
lots totalling 7,000 square feet. The Comprehensive Plan proposes
this entire general area be developed for single family residential
use. Virtually all of the single family development south of 1.35E
is zoned SF-7 and this request would be a logical extension of that
classification. In August of last year, a requested zoning change to
$F-7 zoning was approved for a 16 acre tract located adjacent and
northeast of the site in this petition The development of the tract
in this petition according to SF-7 zoning classification would pro-
duce approximately 165 residential lots. Municipal utilities are
availa a for extension to serve this site (sewer is on site and
water must be extended). .
In the past when permanent zoning was proposed for this tract, a pri-
mary concern was increased traffic and the capacity of existing street
systems to accomodate it. Following an analysis of existing traffic
and traffic anticipated from currently proposed developments, it is
the opinion of the Traffic Safety Engineer that no significant traf-
fic problems will be generated if this tract is developed for this low
density single family use. It may be necessaryy at some future time
to include improvements to Bonnie Brae and Willowwood in Capital Im-
provement Program budgeting,
The Planning and Community Development Department recommended approval
of this request. Of notices mailed to property owners for the Plan-
nopposition o was hearing expressed at therPlanningiComnissiondhearing undecided.
No
The Planning and Zoning Commission unanimously recommended the City
Council approve zoning petition Z-1368.
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Planning and Zoning Commission Recommendation
to the City Council
Z-1369
February 6, 1979
Identity: Z-1369
This is the petition of Ms. Sills Gulrich requesting a change in zoning
from Multi Family (MF-1) to Office (0) classification at 317 West
` Mulberry Street..
Location:
This property is located on the south side of West Mulberry Street
{ between Carroll and Elm,
t
` Recommendation:
The Planning and Zoning Commission recommends approval of this petiiton.
f The site in this petition is located south and west of the City's
Central Business District. First Denton County National Bank has
k recently completed extensive development opposite this site on the
north side of Mulberry. Denton Teachers Credit Union constructed a.
new facility last year two lots east of the site in this petition.
A single, undeveloped lot zoned General Retail (GR) is located be-
tween the Credit Union building and the site in this petition i
Properties located west and south of this site are zoned Mult Family
(MF-1) and ceveloped with single family homes. The Planning Commis-
sion feels the requested Office (0) zoning classification would provide
a transition between the commercial development to the north and east
of this site and the multi family zoning to the west and south. The
Commission does not foresee any sl,rcial nL„ative impact to the adjoining
residential properties. Utilities and streets are adequate for this
proposed use. The required five narking spaces can be provided on
site.
The Planning and Community Development Department recommended approval
of this request. Of notices mailed to property owners for the Plan-
ping Commission hearing, two were returned in favor and one undecided.
No opposition was expressed at the Planning Commission hearing.
The Planning and Zoning Commission unanimously recommended the City
ll ) Council approve zoning petition, Z-1369.
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Planning and Zoning Commission Recommendation
to the City Council
Z-1370
February 6, 1979
Identity: Z-1370
This is the petition of Ms. Ann Powell requesting annexation and Light
Industrial '(0) zoning classification on 12 acres located on Scripture
Street, west of 1.35.
Location:
This tract begins 500 feet west of I-35, adjacent and to the west of
the ATSF railroad tracks, on the north side of Scripture,
j Recommendation:
The Planning and. Zoning Commission recommends approval of this petition.
This request seeks annexation and Light Industrial (LI) zoning classi-
fication on a ' acre tract located on the north side of Scripture,
west of 1.35. The Comprehensive Plan indicates this general area is
appropriate for development as light industrial uses and it appears
unlikely such development would have a negative impact on surrounding
properties, Consequently, this appears to be an appropriate land use
request.
In regard to the availability of public facilities, utilities are
available for extension to serve this site. Access to the site is
somewhat restricted& however, the limited amount of traffic which
will be generated by the proposed use does not appear to present a
1 significant problem.
i
the Planning and Community Development Department recommended approval
of this request. Of notices sent to property owners for the Planning
Commission hearing, three were returned in favor and none in opposition.
No opposition was expressed at the Planning Commission hearing.
The Planning and Zoning Commission unanimously recommended the City F j
Council approve zoning petition, Z-1370. +I
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Planning and Zoning Commission Recommendation
to thb City Council
Z-1371
February 6, 1979
s Identity: Z-1371
This is the petition of Mr. John Porter requesting a change in zoning
from Single Family (SF-7) to Commercial (C) classification on a 1.14
acre tract.
1 Location;
This property is located on the northeast corner of 1-35E and Lindsey
I Street.
a
Recommendation:
r { The Planning and Zoning Commission recommends approval of this petition.
* y, { The tract in this request is located adjacent to 1.35E service road
E and has additional access provided by Lindsey Street, The-tract can
1 be adequately served by city utilities: Some residential uses exist
in the immediate vicinity of this property; however, no opposition
to this request was expressed at the Planning Commission hearing
(either by reply form or by comment during the public hearing). It
E was the feeling of the Planning Commission that much of this property
in close proximity to I-35 would be redeveloped at some future time
for business uses and that this is an appropriate land use.
The Planning and Zoning Commission unaAlmously recommended approval
of toning petition Z-1371.
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Planning and Zoning Commission Recommendatior+
to the City Council
Z-1365
February 6, 1979
Identity and Location: Z-1365
This is the petition of Mr. Dick Harris requesting a change in zoning
from Single Fami1 (SF-10) to Two Family (24) and Multi Family clas-
sifications (MF-R and (MF-1) on 21 acres. This tract is located on
the west side of Carroll Boulevard, north of the Denton County Fair-
grounds.
ecommendation:
The Planning Commission had two concerns when this petition was ini-
tially submitted requesting Multi Family (MF-1) zoning on the entire
21 acre tract. First, anticipated density would have permitted some
630 units--an amount the Commission felt was extremely high given the
limited access to the property. Secondly, the Commission was concerned
with the relationship between this development and the single family
I roperties to the north. In working with the petitioner he has revised
his request so as to modify the principal concerns of density and ac-
cess. The Planning and Zoning Commission recommends approval of the
{ revised proposal before you.
I E
P SF-10 to 2_F
On the carthern nine acres, adjoining the Qakhill Addition and Good
j Samaritan Retirement Village, the petitioner proposes Two Family (24)
zoning classification. This appears to be a reasonable request,,grad-
j ua11y initiating the transition between single family properties to
the noprth and institutional uses existing to the west and south. The
Planning Commission anticipates no negative impact to existing or
future single family properties resulting from approval of this peti-
tion.
SF-10 to MF-R
On the middle 4,6 acres, the petitioner proposes Multi Family Restricted
((MF-R) zoning classification permitting fourplex and sixplex type
development at a density of 17 units per acre or approximately 80 units.
This also seems to be a reasonable request with cottages approved in
this vicinity of Good Samaritan Villagge to the west and Denton Nursing
Center located to the east. No negative impact to surrounding pro-
perties is anticipated if this petition 1s approved.
SF-10 to MF-1
i
Qn the southernmost 7.5 acres, the petitioner proposes Multi Family
MF-1) zoning classification. If zoned MF-1, this tract could ac-
j comodate appproximately 225 dwelling units at 30 units per acre. This
appears to be a reasonable request given the site's relationship to
surrounding land uses: to the east is a nursing home and to the
south is located the Denton County Fairgrounds. No negative impact
to surrounding properties is anticipated if this request is approved.
I
' Recommendation:
In modifying the zoning request, the anticipated density was reduced
from a possible 630 units to approximately 400 units. It is the
opinion of the Traffic Safety Engineer that Carroll Boulevard can
adequately serve as the primary access to this property if this den-
sity is maintained. In order to discourage traffic generated from
this development from using Mesquite Street as an access through
existing single family subdivisions to the north, we shall ask the
petitioner to create a T-intersection at Mesquite Street in the area
e of the proposed duplex lots, thereby offsetting direct access to the
MF-R and MF-1 areas.
Utilities are adequate and can be extended to serve this proposed
development.
The Planning and Community Development Department recommended approval
of this modified zoning petition. Of notices sent to property owners
concerning the original request to Multi Family (MF-1) classification,
one was returned in favor, one in opposition, and one undecided. No
opposition was expressed at the Planning Commission hearing.
i
The Planning and Zoning Commission unanimously recommended approval
i of the modified zoning petition, Z-1365.
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CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 /TELEPHONE (817) 382.9601
MEMORMIDl1M
TO: Jack Owen
FROM: Rick Svehla ,
I I
f DATE: November 20, 1978
RE: Improvements to Sherman Drive and Related Work on the Lot
Belonging to Mrs. Murphy
We will attempt to detail in chronological order, steps that our department
i took to satisfy Mrs. Murphy. The problem began when our contractor constructed
the driveway on Mrs. Murphy's property with a width of 15' After the drive
had been poured, Mrs. Murphy notified Mack Parker of our Staff. She did not
feel the drive was wide enough. Mack went out and visited with Mrs. Murphy at
the site and her contention was that she needed two drives. After a lengthy
discussion, she agreed that one larger drive would be sufficient. We began to
rebuild a drive that was larger than the one that had been previously construct-
ed. When the old drive was removed and the contractor was ready to begin on the
new one, Mrs. Murphy informed us that she did not like any of the agreements that
Mack had worked out with her. Ile again went out and talked with Mrs. Murphy and
she again decided that the new drive as we proposed would be sufficient, provided
1 certain sloping could be done to the front of her yard and certain bushes could
J be removed. Mack told her this could be done since it was right-of-way and slop-
ing operations of this nature had been done on other parts of Sherman Drive. She
again agreed and the next morning promptly called and told us she did not agree.
That afternoon, I spoke with Mrs. Murphy and she again agreed to the same things
Mack had agreed to the day before, and consequently, we scheduled construction
to begin the following day. The next morning, Mrs. Murphy called and said she
could not agree on what we decided on, and had turned it o::* to her lawyer, Mr.
Jack Barton. Subsequently, after several days we met with Mr. Barton and dis-
cussed several ideas. He, at that time, informed us that a neighboring drive i
j was beginning to worry Mrs. Murphy, since she felt it was on her property. We
advised him of where property lines were and assured him that no driveways had
been placed on her property, other than her own. We also discussed the width
of the drive and landscaping or sloping, that we had agreed to do. Mr. Barton
j advised us that he would talk to his client and get back,to us. After several
E days, we met with Mr. Barton on the site. At that time, he informed us that
Mrs. Murphy had decided to landscape the lot by herself and she wanted all
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DEPARThIE'Nr Of COMMUNITY DEVELOPMENT
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Memo to Jack Owens
November 20, 1978
of the banks to be left as they were. He told us he thought the driveway was
sufficiently wide and he would talk to his client and confirm this the next
day. The next day, Mr. Barton did confirm the driveway width and informed us
3 / that Mrs. Murphy had one other request. This was that a retaining wall be
pplaced between the driveway and large tree in her front yard. We agreed to
build this wall and; again scheduled the construction to begin. We finished the I
driveway and wall approximately two to two and one half months ago. We have
not heard anything from Mrs. Murphy or her attorney until you received the
packet of information and the new request from Mrs. Murphy this week..
Again, we have examined the property and the new survey pins that have been
set by her surveyors. We have concluded, no driveway, other than her own
runs across any part of her property. We do not feel that any type of Wall -
in front of her property is necessary, since the banks could be sloped within
the right-of-way to'reasonable grades to allow for vegetation to grow. 1 be- 1
sieve we have made a diligent effort to work with this lady in every way we
can, but t think her demands are unreasonable and should not be granted.
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Institution of Annexation Proceedings
Z-1366
February 6, 1979
1
At the City Council meeting on January 161 1979, some Council members
asked questigns.regarding the extent to which city sewer facilities 1
would be utilized in connection with expansion of the Safety Kleen
j facility requested in th „ zoning and annexation petition. The pe-
titioner has informed city staff that sewer facilities would be used
for sanitary disposal purposes only. No chemicals or solvents used
in connection with the proposed recycling plant will be discharged
{ into.the city's sewer system.
i in following annexation procedures, it is appropriate for the City
E Council to institute annexation proceedings by instructing the City
Attorney to publish the annexation ordinance. The annexation ordi-
nance 979
will then be retu►•ned to you for final action March 2017Vz1,;400;"
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Planning and Zoning Commission Recommendation
to the City Council
Z-1366
February 6, 1979
Identity: Z-1366
This is the petition of Safety Kleen Corporation requesting annexa-
tion and Planned Development (PD) zoning classification on approximately
four acres.
Location:
n 1 This tract is located on the east side of Cooper Creek Road, south of
I R the existing Safety Kleen facility.
Recommendation:
The Planning and Zoning Commission recommends approval of this petition.
This proposal seeks annexation and an expansion of Planned Development
(PD) zoning in connection with the Safety Kleen recycling plant located
north of the tract in this request. The proposed planned development
would permit light industrial uses similar to those which occur at the
existing facility. The Comprehensive Plan indicates this general area
is appropriate for development as light industrial uses In regard to
the availability of public facilities, municipal utilities are avail-
able for extension to serve this site. Existing streets--Cooper Creek
Road and Mary Lee Orive--are adequate for current access; however,
some additional dedication and paving will be necessary for.W'ekten
sion to Mary Lee Drive, to accomodate development of this entirg'tract.
I This appears to be an appropriate land use request and, therefore, the
Planning and Zoning Commission recommends approval of annexation and
planned development zoning classification with the following conditions:
1) Plat approval shall constitute site plan approval as development
sccurs on the tract
t) Curb cuts serving this tract shall be limited and none shall be
permitted on Cooper Creek Road
3) Provisions for the transfer of commercial solvents, chlorinated
! substances, and hydrocarbon substances under Mary Lee Street shall
be approved by the City Council
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4) 70' x 290' shall be dedicated for the purpose of continuing Mary
Lee Street to the eastern edge of Safety Kleen!s property on the
{ north side of Mary Lee Street.
S) Developer shall be responsible for 17' of pavement and one side
j of curb and gutter when development,of the eastern portion of this
tract occurs.
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The Planning and Community Development Department recommended approval
of this request. Of notices sent to property owners for the Planning
Commission hearing, one was returned in favor and none in opposition.
No opposition was expressed at the Planning Commission hearing. {
00
The Planning and Zoning Commission unanimously recommended the City
Council approve zoning petition Z-1366.
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Planning and Zoning Commission Recommendation
' to the City Council
Site Plan Approval for Planned Development 11
j North Side of Coronado Drive
I February 6, 1979
i
Planned Development (PD) zoning classification has a two-stage review
procedureincluding first, approval of the zoning and secondly, review
and acceptence by the City Counicl of a detailed site plan. PD zoning
was granted to this site on the north side of Cornado Drive on February
24, 1970, according to a general plan which permits apartment devel-
opment.
The next step in the Planned Development procedure requires that the i
developer submit a detailed site plan for consideration by the Plan-
ning Commission and the City Council. On March 7, 1978, the City
Council approved a site plan permitting apartments on this tract.
1 i The property has changed ownership in this interim and the new owner
wishes to revise the approved site plan. The revised site plan shows
a 144 unit complex (same number as proposed in the original plan) on
six acres with slightly different unit mix and a different arrange-
ment of buildings and parking. This is a medium density development
of 24 units per acre, generally comparable with existing apartment
development in PD-2.
The Planning and Zoning Commission unanimously recommended approval
of the revised site plan for PD-2 with the following condition:
Approval is granted for the multi family development shown
on the submitted site plan, Density, building location,
parking lot layout, landscaping, and walks shall correspond
pa this site plan. Landscaping shall be completed within 60
days after issuance of a certificate of occupancy. i
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THE ARCHITECTURAL COLLECTIVE INC.
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CnST TNVRSTTGNT h41
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~ 1. wing..................... 47, 2W)
Curb 0 s.f. '1 ./s.f. )
~ 2. Curti and gutter............. .x,700
(675 lin, ft, I 14/11n. ft.)
3. Reds and mTttresses......... 161100
(23 1-1. $700/bed ind m•-%ttross)
4, Crew facility 157,080
(3927 s.f. ? S40/s.f.)
5, Engine roar 188,416
(5888 s.f. $32/s.f.)
6. AdministTAtion wing........ 114,000
(1600 s.f. ^ $401s.f.)
7. McChaniCal wing, 1?,000
i (480 s.f. I t.25/s.f.)
I! S. Contingency 81504
496,000
E j 31 000
1527,000
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THE ARCHITECTURAL COLLECTIVE INC.
CnST IVNIGSTIG^TINN ~~r1. "11C'IC1°~.L RIIILnT;:r
I POLYCR STATVVI-nCt•MM OF R`{TSTIR.G F')
MNTri1t'r, TRIOS
t,39 nm
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1. ~t eVAtQr,
,,.40
t 2. Curb and o3uttor.
1 (310 lin. 'rt. S4/lin. ft.) 3,120
3, Paving.....
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(1560 s.f. `3 $2/s.f•)
4. Roof repair 2.695
($175/Sq, x 203 x 77 Sq.)
5,Andblasting.................... 19,680
I 5. ($1.60/9.f. x 13,300 suf.) 100
6. ;slew windows............
(53.9' , $230/window)
7, New construction 217(000
(6200 s.f. 'I S35/s.f.)
! 176f640
a. RenOVat ion S
(11,776 s.f. S15/s,f.} 2649000
91 J0i1 facilliies s (6000
725,56's
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$770,913
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MEMORANDUM
TOs City Manager
FROM: Architectural Selection Committee
DATE; January 24, 1979
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RE: The Selebt'ion of a Site for New Police and Fire Stations
t After selecting an architect in September, the Council directed the
architect to work with the Committee on the
new fire and police stations.
October with the architect to review some eleven sites that he sug-
1 gested as reasonable sites in the designated area. The Committee
j toured all eleven sites and then began the process of elimination.
i 4 The location of the sites and the reasons for considering elimina
jI ! tion of each is as follows:
SITE RRASONS FOR ELIMINATION
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I 1. West side of Carroll Soule- 1. Access problems on to Carroll
vard between Oak and Hickory and Hickory, because of medians or
traffic signals
2. Land only available on a lease
agreement rather than out right pur-
chase
2. East side of Carroll Boule- 1. Residents involved and reloca-
vard between Maple and Pacific tion might be necessary
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f 2. Access to north part of town may
1 be a problem
3. Eagle between Wainwright 1. Traffic problems in the area
and Locust 2, Access to north part of town mAy
be a problem
3. Property must be acquired
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1. Existing structures to acquire
j 4. South side of Prairie
k between Elm and Locust 2, Traffic problems on Locust
3. Access to north part of town may
E still be a problem
{ S. South side of Sycamore be- 1. Traffic problems
tween Locust and Elm 2, Access to Carroll Boulevard is b
a narrow street
Memo to the City Manager
Page Two -2-
5. Continued 3. Land must be acquired
6.' North west side of Sell Ave- 1. Site distance on major street
nue between Sycamore and Indus- not good
# trial
2. Access to University Drive and
North Texas somewhat limited
3. Close proximity to grain eleva-
tors may cause a problem if there is
an explosion at the elevator
4 7. West side of Carroll Boule- 1. Grade problems on the site
vard between Oak and Pearl
t 2. Land must be acquired
~ 3. Access to north bound Carroll Bou-
levard could be a problem
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8. East side of Carroll Boule- 1. Land must be acquired
vard between Congress and Park-
way 2. Relocation of residents would be
manditory
9. Stonewall Jackson Elementary 1. Land must be acquired
2. Building must be demolished
3. Access on Elm and Locust which
are fairly crowded
1. Access to North Texas difficult
10. East siCe of Bell Avenue
north of Gene Gohlke
2, Access to University Drive only
from TWU
36 -Land must be acquired
1. Site is rather small
j 11. South side of McKinney
f J Street between Elm and Boliver
After reviewing all of these sites, it was the architects recommenda-
tion that site number eleven be reviewed more extensively to consider
the posibility of using the existing old City Hall in conjunction with
some new facilities. The Committee agreed. During the month of Nov-
embere the architect carried out extensive field studies of the exist-
.
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Memo to the City Manager
Page Three -3-
ing City Hall and worked with thu Fire Chief and Police chief to
coordinate both of their needs. f
In the early part of December, he presented a plan to the Committee
showing a remodeling of the old City Hall for the police department
and the erection of a new building for the fire department. At that
point, the architect indicated that he felt this would be one of the
best possibilities for the choice of a site. The Committee then asked
the architect for financial information as to the cost of this pro-
posal and the time frames in which they could be carried out. On Jan-
uary 12, the architect presented the Committee with budget figures for s
the renovation of City Hall and the new fire building. Ite recommended
that this site and proposals for renovation of City Hall and construc-
tion of a new fire building be presented to the Council.
On January 16, the Committee met and reviewed the recommendation of the
architect along with his budget projections. The Committee recommends
k ; that the Council approve this new proposal. The Committee would like
I j to point out to the Council that this is a new proposal in as much as
E this is a renovation of an old building and building a new fire build-
ing. As you recall, the original proposals were for a fire building
only or a joint police and fire building. The Committee has several
reasons for this reconunendation, they are as follows:
1. The Committee believes that this is the best site for the
two facilities as far as accessibility and public convenience. tt
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2. The City already owns the land and facilities.
3. There would be a minimum amount of demolition.
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E 4. An old historic building could be preserved and serve in a
useful and economic manner.
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5. Renovation of the old City Hall would provide twice as much
1 spare as the original proposal for the police department.
6. Since the location of the fire station has not changed, full
key rate credit for the structure should be given.
In conclusion, if the Council approves this new concept, the Committee
would recommend that a small lot on the south west corner of this site
be obtained to facilitate easier construction and accessibility. We
would also recommend that the possibility of closing Cedar Street be-
tween McKinney ahd Pecan be considered by the architect to allow for
more parking. The Committee as a group, or as individual members will
be happy to answer any further questions you might have.
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COUNCIL AGENDA ITEM 2/6/79
SUBJECT: Proposed changes to the Denton Plumbing Code.
SUMMARY: At their regular meeting of the Plumbing and Mechanical t
Code Board on January 18, the Board recommended that a
change be made in Section 1210 of the Plumbing Code
(Temporary Use of Gas). The Board proposed a change
to extend the period allowed for temporary
from .thirty (30) to sixty (60) days. This wouldeallow
contractors who are having difficulties in completing
@ phases of construction which require heating, more time
t to complete their per improvements. The Board also
recommended that Section 17-22 be amended to add a permit
fee of ten ($10.00) dollars for this temporary service
since it requires a separate inspection for this installa-
tion, The Board felt that if temporary use and inspection
is needed, then it should be the responsibility of.the
builder to pay the fee.
FINANCIAL SUMMARYS
f
No cost to the City. An extra ten ($10.00) dollar fee
! for the temporary service to be paid by the builder.
ACTION REQUIRED:
Council should make a motion to instruct the Attorney
i to draw up an ordinance ammending the current Denton
! Plumbing code to allow for the sixty
Uso of Gas and an additional ten (60) day Temporary
tion fee. ($1 10.00) dollar inspec-
F ALTERNATIVES:
Disapprove Pl:uabing Code Board recommendation.
RECOMMENDATION:
The Plumbing and Mechanical Code Board and the Staff
recommends that this change be made to allow for more
economic and efficient construction in the City.
-14 ac a W. Doyle
j uilding Official
I Exhibit I - Plumbing Code Minutes
f of January 18, 1979
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MINUTES
PLUMBING AND MECHANICAL CODE BOARD
JANUARY,18, 1979
Called a meeting of the Plumbing and Mechanical Code Board Thursday,
January 18, 1979, at 4:00 p.m., in the Building Inspector's Office
of the Municipal Building, City of Denton.
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t PRESENT: Chairman Delbert Overstreet, Bob Turnbull, Pete Work,
Bill Burley, George Becker, Ernest Miller, and Building
1 Official
ABSENT: George Terry
i s 1. It was moved by Turnbull and seconded by Miller THAT THE MINUTES
S
OF DECEMBER T, 1978, BE APPROVED AS WRITTEN. Motion carried un-
animously.
2. It was moved by Turnbull and seconded by Miller TO AMEND SECTION
1210 OF THE DENTON PLUMBING CODE BY CHANGING- THE TIME PERIOD FOR
THE USE OF TEMPORARY GAS FROM THIRTY (30) DAYS TO SIXTY (60) DAYS.
Motion carried unanimously.
3. It was moved by Burley and seconded by Turnbull TO AMEND SECTION
s 17-22 OF THE DENTON PLUMBING CODE BY ADDING A $10.00 PERMIT FEE
FOR TEMPORARY USE OF GAS AS PERMITTED IN SECTION 1210 OF THE DENTON
j PLUMBING CODE. Motion carried unanimously.
4. The Board approved the following sections of the Uniform Plumbing
Code: 908 (d), 909, 911, 1001, 1003 (1).. The Board agreed to a-
mend section 1003 (h) of the Uniform Plumbing Code so that it will
read the same as the current Denton Code.
5. The Board tabled Section 1003 paragraphs (q), (r), and (e) until
next meeting, when they will be reviewed with the Plumbing Inspec-
tor.
Meeting adjourned at 5:15 p.m.
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CITY OF DENTON
MEMORANDUM
I
DATE OF MEETINGs TUESDAY, FEBRUARY 60 1919
CITY COUNCIL AGENDA ITEMs
Consider project bidding policy for developer participation
agreements.
SUMMARYs
The City of Denton participates with developers in the cost of
utilities and streets when oversizing is necessary. The City
Charter allows that the city approve the contract for such work
and in the ovent the city does not believe the contract price is
j appropriates the city may require the contracts to be submitted
to a sealed bidding process. State law requires a formalized bidding
process where public funds are utilisdd." Therefore the city staff
proposes a bidding policy as outlined in Exhibit I.
FISCAL SUMMARYs
No direct cost associated. Costs of projects may increase
slightly due to added costs of formalizing in greater detail
f the plans, specifications and bidding process.
ACTION REQUIREDs
Approval of policy.
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ALTERNATIVESs
Approvals This will assure compliance with state law in all
projects.
Disapprovals This will place the burden of compliance of state
law on the developer.
STUT RECOFiWDAr204St
{ This policy has been reviewed, approved and is recommended for
approval by the City Attorney's office, Purchasing Agent, Engineering
Depertme;it and Utility Department.
EYHIBITSs
I - Project Bidding Policy for Developer Participation Agreements.
2,
Robert E. Neisonr P.E.
Director of Utilities
I
WafA'#Y Y:ygy~'
PROJECT BIDDING POLICY
FOR
DEVELOPER PARTICIPATION AGREEMENTS
The purpose of this policy is to establish a procedure such that the
City of Denton will be in compliance with state and municipal law bidding
requirements for developer projects where the City of Denton participates
in the oversizing of water and sewer lines and in overwidth and overdepth
of pavement.
.
The developer (or designated Engineer, Agent, etc.) shall furnish the
City a complete set of preliminary plans and specifications,for the entire
development for which participation is desired. Plans and specifications
relating to street and storm drain improvements shall be submitted to the
City Engineering Department, Plans and specifications relating to Water
and Sanitary sewer improvements shall be submitted to the Utility Depart- i
went. The City will, within five regular business days, review and make ?
changes as necessary, inolvding any changes in size, depth, location or
1 construction ofutility lines or streets. During this review state, the City
and the developer shall decide on the specific streets and lines that must
be oversized, the extent of the oversizing and the general terms of the
I oversize participation agreemens.
The developer shall then furnish the respective City Departments with
i a complete set of final and approved plans and specifications along with
a list of at least three qualified bidders. The respective City Departments
will submit these to the City Purchasing Agent who will set the date, time
and place of the bid opening and advise the respective Departments and
developer of such date, time and place. The developer shall be responsible
for distribution of plans and specifications to prospective bidders. All
requests for rlans and specifications shall be recorded and submitted to
the Purchasing Agent at the time of the bid opening.
i
The bid process will be according to state law which are applicable
when public funds are utilized. State law requires that notice to bid shall
be advertized in a widely circulated publication. Such bid opening shall
be advertized for two consecutive weeks and the first advertizing shall
not be later than fourteen days before the opening of the bids.
The Purchasing Agent will receive all sealed bids and will open such
bids at the designated time and place in a public bid opening. Thu original
of each bid proposal will be kept by the Purchasing Agent and a copy of
bids will be tursied over to the developer. The developer shall review,
r~ evaluate and recommend t.) the City which bid it believes to be the lowest
and/or best bid. A schedule outlining the cost of the oversize difference
and amounts to be included in the participation agreement shall be submitted '
to the. City.
The respective City Department staffs will review the developers
recommendations, evlauations and cost schedules and make appropriate
recommendaitons to the appropriate Boards and the City Council, Utility
improvements will be reviewed by the Utility Board and forwarded to the
j Council. Street and other improvements will be sent directly to the City
Counccl. The Council will then review the request for participation and
either approve or disapprove. If approved, the developer may then enter
into contracts arol begin construciton. If disapproved, the project can
be readvertized and the bidding procedure will begin again.
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Exhibit I
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COUNCIL AGENDA ITEM 2/6/79
SUBJECTt Proposed head-in parking at Denton Concrete Company.
s SUMMARY Mr. Charles Davis requests that he be allowed to install
head-in parking on the south side of Sycamore at Denton
f Concrete Company for a new building. The Staff feels that
provisions could be made for adequate off-street parking
and thus reduce the traffic hazzards of backing into the
street. Mr. Davis would like to appeal the decision of the
Staff. €
f } i
FINANCIAL SUMMARY.
Not applicable
} ACTION REQUIRED.
i Either approve or disapprove Mr. Davis' appeal to allow i
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f 'fdr head-in parking at the above location.
RECOMMENDATIONt
a
The Staff would recommend that Mr. Davis set his building
s back twenty-five (251) feet from the property line and use
this spacin conjunction with approximately five (51) feet
E of street right-of-way to provide off-street angle parking
f in front of his proposed new building.
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Rick Svehla ~
! Exhibit I - Memo to Jack Owen
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MfITYOf DEMN, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE(817) 882.9601
{
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MEMORANDUM
s
T01 Jack Owen
E FROMi Rick Svehla
t4 f {
DATEt January 30, 1979
REt Request of Mr. Charles Davis for head-in parking on the south
} side of Sycamore Street
Mr. Davis requested that he,be allowed to establish head-in parking
for a new building he proposed to build on the present side of Denton
Concrete Company. As you know, in the past the Council has allowed
this only when existing parking was there before or when there were
extenuating circumstances. Currently, the Zoning ordinance requires
that parking for each new building be established on the property ad-
joining the building and no on-street parking can be counted or used
for the proposed building. The tract in question is quite large and f
j provisions for off-street parking, in our opinion, could be made. +
The City Attorney has advised the Staff that Section 24-124 of the
Code of Ordinances establishes the Staff's review of each parking I
situation. Currently, parallel parking is allowed at thin location
and we feel that head-in parking would be more dangerous in this in-
stance. Since Mr. Davis does not agree, the Attorney had advised us
3 that his only appeal would be through the City Council. We will have
overheads for the Council meeting and will be available for questions
at any time. ,
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I DEPARTMENT OF COMMUNITY DEVELOPMENT
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CITY OF DENTON
MEMORAM)UN ' .
DATE OF MEETINGS February 2, 1979
SVC7=s Contrac!_u:el- a'gKeame~t be'ttires3n,N;T,3.U.,.BAsebdll Cil~b,6hd the '
.C :.City •'cf 0aPt4nr PiRrJc'si & 'gq'grtrsEi'efn D6~s sl~tment'Yegarding they c
rsnkal~ of, Rdbezt e, F1eld, H ck; Par~i:s~Or game AAd 1practice
purp3iea .dprXnq FtlDruaryi'4t4~fih~ l~p~;i, 1919 °y'
SUMMARY
1 Ses contract'.for Apecsfib'e'rngardirlp fialntend.nce, hiohey,'
gamds, d'atiea, euperl~3sary rpa,pcs~liility;: prjd factkik'y approve ti';
ments. +4•A
4 1.
i.
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FISCAL SUMMMAP•Ys N.T.S.U. will rent Robert's Field 0 20.00 per game date.
15 dates X 20.00 ■$300.00" payable to City of Denton,
Parks & Recreation Department on or before February 23,
1979. N.T.S.U. baseball Club will also use Robert's Field
i as a practice facility at no charge.
3 i ACTION REQUIREDs To approve the Contract between the Parks 6 Recreation
Department and the N.T.S.U. Baseball Club.
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ALTERNATiVESs N.T.S.U. would have to play all games out of town.
I
STAFF RMOMNMATIA`1r Approve contract as written.
Director
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EXHIBITS - A. Cc.%tract agreement between N.T. S. U. and the City of Denton,
Parks & Recreation Department.
H. Parks & Recreation Board Recommendation.
a~wcy~.
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";TYa DENTON, TEXAS MUNICIPAL BUILDING 1 DENTON, TEXAS 76201 / TELEPHONE (817) 382.4691
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tt-M E M 0-
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s TOi City of Denton, City Council
FROMi Parks d Recreation Board
4 DATEo January 310 1979
1 SUBJECT$ Recommendation of NTSU Baseball Club using Robert's
r , Fisldj Mack Park for games and practices '
The Parke 6 Recreation board recommends to the City Council
III to accept the contract agreement between North Texas State
University Baseball Club end the City of Denton, Parks A
Recreation Department regarding the NTSU rental of Robert's
Field, Mack Park for games and practice purposes during Feb-
ruary, March, and April 1979.
I 1
Sea attached contraot.
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PARKS AND RECREATION DEPARTMENT / 817387.6146
R
THE STATE OF TEXAS
CONTRACT
COUNTY Of DENTON ~
This Agreement, made and entered into this day of
r
January, 1979, by and between the City of Denton, Texas, a
Municipal Corporation hereinafter referred to'as "City", and
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North Texas State University, hereinafter referred to as "NTSU".
ii
WITN£SSETHs r`
pi
x Whereas, NTSU is desirous of using Roberts Field in Mack Park,
a City of Denton public park for the purpose of playing baseball
games by their baseball team, and also using the field for practicesf
and
4
{ Whereas, the City is willing to grant such privilege and right
to "ITSU upon the terms,and conditions hereinafter stated to be kept
E
and performed.
! NOW, THEREFORE, in consideration of the mutual covenants and
agreements hereinafter stated to be kept and performed by and between
the parties hereto , it is hereby agreed by and between the parties
k as followsl
1, city hereby grants unto NTSU the right and privilege of
f using Roberts Field in Mack Park, a public park within the City of
Denton, for the use of their baseball team for the purposes of
practicing baseball and playing baseball games, commencing on the
Sth day of February, 1979 and terminating on the lot day of May, 1979,
2, That NTSU will pay the sum of $20.00 per home game date as
shown on the attached Exhibit "A". Presently , there are 15 home dates,
but games may be added or deleted during the course of the season.
3, in addition, NTSU may use Roberts Field between the hours of
y 230 and 400 p.m., Monday through Friday, on those days they are not
scheduled to play a baseball game, either home or away.
t
4. City agrees to do the dragging, mowing, watering and dirt
work on Roberts Field and furnlsh a dry line marker. NTSU will do
1
the raking and lining of the field before each game and will water
n the mound and home plate area after each practice and game.
5, it is agreed that NTSU will, at their expense, provide 1
distance markers on the outfield fence and that these markers will
S
remain permantely at the field.
6. NTSU will be responsible for crowd control, conduct of the
teams, and will turn off the lights after each game, and NTSU agrees
to save and keep the City safe and harmless of and from all demands,
t claims, actions or causes or action, losses, damages, and attorney's
! fees arising from or growing out of any accident, injury, debt or
4 "
damage occasioned or caused by the conducting of baseball games or
f
~ practices. ~i
7. NTSU will bus the playing field and the immediate areas 1
i
(dugouts, bullpens, bleachers) of all trash and debris left after the
game. This does not pertain to practice sessions.
S. in case of inclement weather, the City will make the decision
regarding the playability of the field as early as possible on the day
of the game. All rescheduling of rain outs must be approved by the
City.
9. Neccessary heavy maintenance time by the City will take
j priority over NTSU practice time. All daily maintenance will be
completed by the city before 2e30pme Mondays through Fridays.
10, NTSU promises and agrees to carry on their operations regard-
ing the use of Robert's Field in accordance with the laws of the
United States and the State of Texas and all rules, regulations and
ordinances now in force and effect or hereinafter promulgated or en-
acted by the Council of the City of Denton, Texas.
' IN WITNESS WHEREOF, the parties have hereunto set their hands
on the day and year first above written.
{ NORTH TEXAS STATE'UNIVERSITY
BY t~~.~
CITY OF DENTON
Dye
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EXHIBIT A
FEBRUARY 23 MOUNTAINVIEW 1100 P.M.
FEBRUARY 27 RICHLAND 1100 P.M.
MARCH 9 SOUTHWESTERN 1100 P.M.
MARCH 10 EASTFIELD 1100 P.M.
MARCH 15 WILLIAM PENN 1100 P.M.
MARCH 16 WILLIAM PENN 1100 P.M. '
MARCH 20 NORTHLAKE 5100 P.M.
# MARCH 21 BROOKHAVEN 5100 P.M.
MARCH 22 U. OF TEXAS AT DALLAS 5100 P.M.
t, MARCH 24 RICHLAND 1t00 P.M.
MARCH 26 BAPTIST CHRISTIAN 5100 P.M. ?
MARCH 29 CEDAR VALLEY 5100 P.M.
i
MARCH 31 BISHOP 1100 P.M.
APRIL 2 DALLAS BAPTIST 5100 P.M. ft
APRIL 5 U. OF TEXAS AT DALLAS 5100 P.M. }
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3 CITY OF DENTON
MEMORANDUM
DATE OF MEETINGi TU£5DAY, FEBRUARY 61 1979
CITY COUNCIL AGENDA ITEM
n TMPA System Development and Reliability Expenditure projects
of December 14, 1978.
SUMMARY1 On December 14, 1978, the TI4PA Board Approved TMPA Resolution
78-12-4 (See exhibit 1) reconfirming previous System Development
and Reliability Expenditure projects and approving certain
additional projects. These were submitted to the Cities for
approval on December 14, 1978, and the Cities have 60 days to
approve or disapprove subject projects. The new projects are
primarily 345 W transmission lines from Limestone County to
Garland. These lines would eliminate dependence on other
Utility System for transmission service in the future. It is
probable that other Utilities will participate with TPA in the
construction of these lines, thereby reducing the estimated
$284,035,000 coat to TMPA.
FISCAL SUMMARY]
Estimated Costs 1979 - 861 $28400350000
3
ACTION RE¢UIREDt
r' City Council action approving or disapproving subject system
development and reliability expenditure projects of December 14,
1978.
ALTERNATIVESs
A. Approval of projects.
This will facilitate opportunities for flexibility in
future planning of the trenstaission system. if it is
i
later determined these facilities see not required, the
1 TWA Board can remove them from the 0.1,P.
9. Disapproval of projects.
This will restrict TMPA'e future flexibility in planning
and providing transmission service to the Cities. It will
not affect Comanche Peak 1 a 2 .or Gibbons Creek 1,
RECOMMENDATIONt "
The Public Utility Board at their meeting on Jnauary 10, 1979,
recommended to the City Council approval of Resolution approving
TAPA'a System Development end Reliability Projects of December
140 19784 The Utility staff concurra with this recommendation.
R. S. Nelsons P.E
Dirertdr of Utilities
Exhibit I - TMPA Resolution 7A•12-4
Exhibit ii - proposed City of Penton Rtzolutio:l
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rte.
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RESOLUTION 78-12-4
I~ A RESOLUTION by the Board of Directors of the Texas
Municipal Power Agency relating •to the'approval
of certain expenses as System Development and
Reliability Expenses; making prevision for
notification of the adoption of this,resolu-
tion to the governing bodies of the Cities of
Bryan, 'Denton, Garland and Greenville; resolving
other matters incident and related to the pkirpose
of this resolution; and providing an effective
date.
WHEREAS0 under the Power Sales Contracts by and between thia
Agency and the Cities of Bryan, Denton, Carland and Greenville,
Texas, certain expenditures (defined as "System Development III
and Reliability Expenditures") are subject to approval by the I
{ Cities when the same are to be paid out of bond proceeds; and
t
WHEREAS, the transmission portion of the System Development
and Reliability Expenditures are all related to the expanding
of the capability of electric grid to provide greater reliability
for. the interchange of power between the said Cities and will
enable such Cities to accept power from the grid, being an
extension of the grid, and the remaining portion of. the System
Development and Reliability Expenditures are needed to provide,
1 ; microwave communication and for economic dispatch between the
• Cities and ultimately the Agency; and
WHEREAS, the amount of money uhich the Agency has deteruined
will be needed to complete the System Development and Reliability
Expenditures under construction and proposed to be under construc-
tion in the immediate future is $270,000,00.00= that the
amount heretofore set aside out of previous sierien of bonds for
System Development and Reliability Expenditures is $16,017,000.00
of which amount $3,073,000.00.had been expended as of Sep-
timber 30, 1976; now, therefore$
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE TEXAS
MUNICIPAL POWER AGENCY: ~ l
SECTION Is' That all of the recitals contained in the
presmble hereof are found to be true and are adopted as findings
of fact by this board,
SECTION 2s That the System Development and Reliability
Expenditures heretofore approved by the Agency and the Cities)
which this Agency hereby redefines and determines should be
funded (to the amount set forth in Section 3) arc as follows;
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Exclusive of Economic Dispatch Program, Microwave
Communication and Fuel Exploration and Acquisition
Program, the System Development and Reliability Facilities
listed herein shall, by necessity, include line termina-
tions and modifications to existing facilities as necessary
to connect transmission lines to sueb facilities, consisting
of circuit breakers, power transformers and control,
telaying and metering equipment to provide a complete
circuit. Certain engineering and interfacing refinements
to the projects may be necessary or desirable during design
and construction.
A. Greenville ?has* I
Construct approximately 22 milec,of new 138KV line
between the Garland Olinger Plant and the Greenville
! Steam Plant, to supply the reserve capacity needed
by Greenville when their largest unit is out of
f service.
E. Bryan Phase It
1 Construct approximately 27 miles of new 138KV line
' between the Gibbons Creek Plant and the Bryan Dansby
Substation by way o•f•Keith Substation, to supply
' r the reserve capacity needed by Bryan when the
Dadeby Unit is out of service, and to reinforce
power delivery to the Bryan area.
C. Hall Switching Station
Construct a switching station to provide an rode-
pendent high voltage source of bulk power to the
City of Bryan.
A, Bryan 'Capacitor Banks
Install a 21,6 MVAR, 69KV capacitor bank at the + 1
Bryan Atkins Substation to provide the needed
voltage support for the Bryan system to protect
against severe voltage reduction during certain
1 Contingency outages.
E. Garland Phase I
k Construct approximately 12 miles of 345KV line from
the Royse Switching Station (TPEL) to a new Garland
j Control )45/138KV Substation, and provide for
addi- tions to the Royse Switching Station; construct
I approxi,mately.3 miles of double circuit 138KV line
from Garland Central Substation to tap the existing
v line between Brand And Olinger; construct approximately
I toilet of double circuit 13SKY line from North Garland
Substation to tap the existing line between Apollo and
MtCree; construct approximately 9 miler of 138KV,1ine
PX111111T t j*1 2 ,
a~
rswrw
1 1
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from Apollo to Olinger, to alleviate thermal overloads
of existing lines and unacceptable voltage drops that
vould otherwise occur under numerous single contingency
conditions. ,
'Fe Denton Phase I
Construct approximately 4 miles of 138KV line from
TP&L's Corinth Substation to the Denton Steam Plant,
a 138/69KV Substation, and approximately 4 miles of
138KV line from the Denton Steam Plant to TP&L's Arco
Switching Station, to ,improve regional tranamission
tapabilit.y.
06 Denton Phase II
I
Construct approximately 7 miles of 138KV line from
I TP&L's Arco Switching Station to the North Denton
f I Substation, and construction modification of the
t North Denton 138/69KV Substation, to str:ingthen power
4 capability in the North Denton area,
No Denton Phase III
Construct the Denton Central 345/138KV Substation, the
Roanoke 345/138XV Substation, approximately [0 milts
of 345KV line from Roanoke Substation to Denton Central,
approximately 3 miles of 138KV line from Denton Central
to North Denton, approximately 7 miles of 138KV line
from Denton Central to Denton Steam and. approximately
k 4, miles of a second 138KV circuit from Denton Steam
to TP&L's Corinth Switch Station to provide bulk power
LJ support to the City of Denton.
't/ Denton- Garland 345KV
Construct approximately 40 miles of 345KV line from
Denton Central to Garland, to provide transmission
support to serve the City of Denton, strengthai the
Agency'i transmission grid between Denton and Garland
and to'improve the overall reliability of the extra
high voltage system interconnections that are vital
{ I for single contingencies.
J. tconomic Dispatch Program
Continpation of feasibility studies and the development
and acquisition of resources required to achieve
optimum economy, reliability and efficiency in meeting
the pro~ceted power and energy requirements of the
Cities by operation, on a full economic dippateh basis,
of City and Agency units through a central control center.
i
FXH] ItIT I n~3
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K• Microwave Cr,mmunicatloa
Construct a microwave communications system,
control facilities and additions to other facil-
ities to link each of-the Cities, Brazos and the
Agency with reliable and effective communication.
Lo Fuel Exploration and Acquisition Program
This includes the exploration for, development of
or the acquisition of fuels for use in future genera-
ting plants other than Gibbons Creek and Comanche Peak.
SECTIeN ~t That the following described improvements
have not been heretofore approved as System Development and
I Reliability Expenditures, but should now be undertaken and funded
1 to the extent provided in Section 5s
The System Development and Reliability Facilties
listed htreinafter shall, by necessity, include line
r terminations and modifications to existing facilities
as necessary to connect transmission lines to such
facilities, consisting of circuit breakers, power
transformers and control, relaying and metering equipment'
to provide a complete ciruits Certain engineering and.
interfacing refinements to the projects may be necessary
or desirable during design and construction.
As Civenville Phase 11
Provide a second 138KV line between One Garland
Olinger Plant 'and the Greenville Diesel Plant
(either by reconstruction of the existing 69KV
J line or new construction) to provide system reli-
ability for Greenville by providing another path for
obtaining power from the Garland areal construct
approximately 2 miles of new 138KV line between the
Greenville Diesel Plant and the Greenville Steam
plant, to provide bulk power transfer between
Creenville's two points of delivery of power,
he Forney - Southeast Carland ,
Construct approximately 9 miles of 343KV line troe'
Forney to Southeast Garlaod to provide a second
II separate supply source to the City of Garlands
I Cs Forney'- Tri-Corner '
Construct approximately 15 miles of 343KV line
from Forney to Tri-Corner to reinforce thelbulk
power supply system serving- the City of Carlands
RXIlil11T I la 4,
•
D, Twin Oaks - Royte City
Construct approximately 145 miles of 345KV line
between Twin Oaks (formally Oak Knoll) and Royse
City, to provide bulk power transfer to the Garland
And Greenville areas.
SECTION As This Board hereby finds and determines that
the improvements described in Sections 2 and 3 of :hlr resolu-
tion should be completed or undertaken in order to provide
transmission and related facilities to increase the relia-
bility of the delivery of power and Energy by the Agency,
and the same are hereby approved as proper System-Development
and Reliability Expenditures under the Power Sales Contract.
SECTION Sr The atnount which the Agency proposes to expend f
out of the proceeds of its next two series of bonds for the System
Development and Reliability Expendiiture which In5Sections 02
1 and 3 is approximately $210,000,00 ,
• it be out of second series of
Agency, $140,000,00 Is to be expended out of amounts not expended for System
Development t and Reliability Any G bonds h e llitY Expenditures will be expended for ti.. generation Projects heretofore approved
by the Agency and each
1
of the four'Citlesa
SECTION bs In. the opinion of the Agency and its Board
of Directors, the Project, consisting of all of the System
f Development and Reliability Expenditures, is necessary in order
,for the Agency to mfet its commitments under the PowerlSales
Contracts it has with the Cities of 'Bryan, Denton, Gaand,
.'and Greenville, Texas; and the same is economically Eeaoib'.e.
1
SECTION 1t That a copy of this resolution shall be i
transmitted to each of said Cities with the request that the .
System Development and Reliability Expenditures be approved
by them.
This resolution shall cenotitute a writte~on lice of fu the
intention of the Texas Municipal Power Agency provide nds bonds) for the (through theEXSaoBituret herein described, Development and
Reliability p
directed to also
The General City arcopyaof authorizedand
i .
i transmit to each and other data
~ Systteem Development and and Reliability Expenditures
and information as to such expenses, including the projected
. sources and uses of funds for the construction of testing of
the components of the said System Development and Reliability
Expeaditurese ,
SECTION 81 It is officially found and determined that
this meo inS is open to the public as required by, law, and that
notice of the timo, place and subject matter of this'meeting
has-been potted in the runner required by Iowa
, ~ N~xu~nrr t E~
owl
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SECTION 9t This resolution, shall be in full force and
p effect from and after its adoption and it is to resolved.
n.
PASSED AND APPROVED this the 14th day of December, 1978•
ar.
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I Richard Smith, President
3oard of Directors
c Texas Municipal Power Agency
%
ATTEST:
vii { . ~ r,..
k. S. Na~eh, Secretary
Sosr¢„of Directors
aa~}~yoicipal Power Agency
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• 1 CUMIT 119 '
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A RESOLUTION by the City Council of the City of
Denton Texas, relating to certain Syatei,k Development
and Reliability Expenditures as certified to this
Council by the Board of Directors of the Texas
Municipal Power Agency; approving such System
Development and Reliability Expenditures; making
certain findings in connection therewith; ratifying
and confirming certain actions heretofore taken;
and providing an effective date.
WHEREAS, by ordinances heretofore duly passed, the
governing bodies of the Cities of Bryan, Denton, Garland and
Greenville, Texas, approved the execution of identical Power
Sales Contracts by and between such Cities and the Texas
Municipal Power Agency, the execution thereof on behalf of
f the said Agency having also been approved by the governing
body of the Agency; and .
i
WHEREAS, the executed Power Sales Contracts were submitted
to the Attorney General of Texas (in connection with his
x examination of the proceedings relating to the "Texas Municipal
Power Agency Revenue Bonds, Series 1976" and "Texas Municipal
z Power Agency Revenue Bonds, Series 1978") and said contracts
were approved as to legality by such officer and were filed
l with the Comptroller of Public Accounts of the State of
Texas under Registration Numbers 43300 and 44510; and
WHEREAS, pursuant to the Power Sales Contract with this
y Cityithe Agency has given notice to this governingg body of
its ntenion to issue additional series of bonds in
t
order to provide funds with which to discharge certain costs
and expenses of the Agency in connection-.i4ith the acquisition
or construction of certain electric facilities; and
WHEREAS, there has been submitted to this governing body a
general discription of the "System Development and Reliability
Expenditures" (all of which expenditures which are to be
trade from the proceeds of the Texas Municipal Power A ency
Revenue Bonds) together with a report showing the protected sources
(bond proceeds) and uses of funds for all as ects of the construction
and testing of the Project (where applicable) and the Resolution
approved by the Agency finds such System Development and Reliability
Expenditures are necessary for the Agency to meet its commitments
under the Power Sales Contracts and that the same are economically
feasible together with an explanation of the basis for such
finding and opinion; and
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WHEREAS, a true and correct copy of the Resolution of
the Board of Directors of the Agency (being Resolution No.
has been transmitted to this governing body is
attached hereto and made a par` of this resolution for al.l pur-
poses, it being hereby found and determined that (1) all conditions
of the Power Sales Contract (by and between this City and
the Agency) so as to permit the issuance of the said proposed
bonds by the Board of Directors by the Agency have been met
and (2) neither this City nor the Agency is in default of
any obligation imposed upon them or either of them by the
terms and provisions of the said Power Sales Contract] therefore.
}
BE IT RESOLVED BY, THE CITY COUNCIL OF THE CITY OF
DENTON, TEXAS: j
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SECTION'ol: That all of the recitals contained in
the preamble hereof are found to be true and are hereby
adopted as the findings of this governing body.
' SECTION 2: That tans governing body hereby approves;
the system Development and Reliability Expenditures, which are
set forth in the attached Resolution of the Board of Directors
F1 of the Texas Municipal Power Agency, and (ii) the issuance of #
f> bonds in the amount and in the manner provided by Section 5
of the attached resolution.
SECTION 3: The prior execution of the Power Sales j
contract y and between this City and the Texas Municipal I
Power Agency) on behalf of this City and the authorization,
issuance and delivery of the Texas Municipal Power Agency
f Revenue Bonds, Series 1976 (pursuant to the resolution j
adopted by the governing body of the said Agency on the 29th i
day of September, 1976) and the Texas Municipal Power Agency
Revenue Bonds, Series 1978 (pursuant to the resolution
adopted by the governing body of the said Agency on the 3rd
day of August, 1978) are hereby in all things approved,
ratified and confirmed.
i
That the bonds proposed to be issued by the Agency are
to be payable from the same sources and secured in the same
manner as the Texas Municipal Power Agency Revenue Bonds,
Series 1976 and Series 1978, and it is recognized by this
governing body that, under such circumstances, the obligation
of this City, under section 14 of the aforesaid Power Sales
Contract, will be equally applicable to the outstanding i
obligations and the proposed obligations. s
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SECTION 41 That this resolution shall be in full
force an a ect from and after its adoption and it is so
resolved.
s, PASSED AND APPROVED, this the day of
19
ayor, ty o Denton, Texas
f
ATTEST: i
City ecretiry, City o enton, Texas
(Seal)
APPROVED AS TO FORM:
~ t
City Attorney
City of Denton, Texas
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CITY OF DENTON
MEMORANDUM
DATE: January 31, 1979
TO: Members of the City Council
rnoli: Paul C. Isham & G. Chris Hartung
SUBJECT; Proposed Ordinance regarding voter approval of TMPA
4 Projects
~ I
Originally, Bill Nash presented an ordinance that would require
(1) a popular vote before the City could pay any additional funds
for the operating expenses of TMPA; (2) a popular vote before
future "project" approval or payment of any money by the City for
a future project; and (3) make it illegal for any body in Denton
to commit funds to TMPA except for power purchased and delivered,
1 Regarding two of these requirements, the payment of operating ex-
penses and payment only for power purchased and delivered, it would
appear that two legal doctrines would make these portions of the
ordinance illegal. These doctrines are (1) the constitutional pro-
hibition against impairment of contracts, and (2) the overriding
authority of Article 1435x, Section 4a, which has been held to be
a general law and therefore superior to any city ordinance.
i
The impairment of contracts doctrine is found in both the United
States and Texas Constitutions. Article 2 Section 14 of the Texas
Constitution and Article 1 Section 1 of t e nits States on ti-
tuti.pT otprohibit the impairment o contracts. I
This doctrine means that no legislation by any governing body can
impair the rights granted under a contract that was executed prior
to the time the legislation was passed. 12 Tex. Jur, 2d Constitu-
tional Law, Section 128. The doctrine applies to contrao s wTic h
a` public entity is a party, for instance bond issues which are said
to create a contractual relationship between the issuing governing
authority and the bond holder. See Cityof Aransas pass v. Keeling,
112 Tex. 3391 247 S.W. 818 (1923), finis doctrrine indicates 'U at the
City of Denton could not take legislative action, like an ordinance,
that would impair its Power Sales Contract with IWA. Prohibiting
the payment of operating expenses to TMPA (which is authorized in i
Section 14(b) of the Power Sales Contract) or rgquiring that payments
only be paid when electricity is delivered to Denton (which is only
a part of the consideration in the Power Sales Contract; see Sections
12(b) and 15(c) of the Power Sales Contract) would severely impair
II
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Members of the City Council
January 31, 1979
Page Two
the right: granted to TMPA and the TMPA bond holders (who are made
third party beneficiaries to portions of the Power Sales Contract.
The second doctrine that would prohibit Denton from passing the pro-
posed ordinance as drafted is Article 1435a, Section 4a Tex.Rev,Civ.
Stat. It was held to be a general law in the Grimes Count Tax avers
e oociation v. TMPA, 565 S.W.2d 258 (Tex.Ctv.App.- ouston,
rt o~ lie 91, Sootion 5 of the Texas Constitution the home rule amend-
meet, prohibits home rule cit e~ s like Denton rom passing ordinances
which are contrary to the general law.
At least three different sections of Article 1435a, Section 4a auth-
orize the Power Sales Contract: Subsections (a), (f), and (g). See-
tion (g) states that:
4
rt «(g) Contracts for the sale or exchange of energy by
the agency may be entered whereby the purchaser
is obligated to pay for the same irres active of
whether such energy is produced or a vere o
the purchaser. (emphasis added)
I i
Under the Power Sales Contract, the cities must rpprove future com-
mitments for System Development and Reliability Expenditures and
these are defined as a group as a "Project". Thus only a part of
such "Projects" are now completed or funded. The utility of these
partially completed facilities and the cost thereof should be con-
sidered.
l~ There appears to be no prohibition against passing an ordinance that
would permit a vote of the electors on a proposed generating projeot
before the City Council approved or disapproved the project, and an
ordinance that would accomplish that purpose has been prepared for
your consideration. The ordinance would not effect the two projects
that have been previousiyapproved, i.e. Bryan Lignite No, 1 and
Comanche Pei.k.
The Power Sales Contract charges the governing body of the City with i
the function of either approving or disapproving the projeot within
60 days after notification from TMPA that they intend to construct i
the project, Thus the election would have to be within that 60 day
time period so that the Council could officially approve or disapprove
the project. It should likewise be rlaeognized that because this is a
function of the Council, they would not be logalay bound to follow
the result of the election,
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Members of the City Council
January 31, 1979
Page Three
We feel that there are some strong considerations why the Council
should act favorably on this proposed ordinance. First,.it will
require TMPA and the City to perform detailed and accurate feasi-
bility and engineering studies to justify the cost and need of the
R proposed project, and these will have to be done prior to the elec-
tion so that the best available foots can be provided to the public. Jf
Nbxt, an election will, hopefully, put the TMPA issue at rest. .If 1
the majority of voters approve a project, then the Council can pro- I
i teed with the knowledge that the general public supports them. If
j r. the council coAtinues to approve projects of T11PA without voter in-
put, we might be faced with additional recall petitions and lit1ga-
tion which would eventually prevent a council from acting favorably
f on any TMPA proposition solely out of fear of litigation retaliation.
Finally, the past, existing and potential litigation in which the
City of Denton has been involved because of TMPA has had and will
have an adverse effect on the City's financings in regard to the
electric revenue bonds and with general obligation and sewer and
water bonds, To date, we have been able to maintain our good
finan- cial ratings, but continual harassment will eventually have an im-
pact. It is thought that this ordinance will prevent this from
occurring.
tt The disadvantage of this ordinance is that it is possible that the
i voters will disapprove a project, no matter how good it is, on a
emotional basis rather than on a merit basis. If so, the City will
have to exercise one of the options under the Power Sales Contract
which will have a serious impact on the City and TMPA.
tS TART 0
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NO.
AN ORDINANCE BY THE'CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
ESTABLISHING A POLICY WITH RESPECT TO CALLING AN ELECTION WHERE
THE CITY HAS THE RIGHT TO APPROVE OR DISAPPROVE A GENERATING
PROJECT PROPOSED TO BE UNDERTAKEN BY THE TEXAS MUNICIPAL POWER
AGENCY; s"NJ PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas, has heretofore executed
a Power Sales Contract with the Texas Municipal Power Agency (said g
contract being dated September 1, 1976) which is identical in its
s
4 terms with contracts executed between the Agency and the Cities
f r':
of Bryan, Garland and Greenville, Texas, and
WHEREAS, the said Power Sales Contract provideu, in part, that
bafore the Agency may issue bonds to provide for the construction
or acquisition of any power generating facility (or interest there-
in) and transmission facility required to connect or interconnect
1 j such generating facility with a city or others (all of which is
I
hereafter referred to as a "Generating Project"), the same must be
approved (in manner provided in Section 13 of the said Power Sales
Contract) by the City of Denton; and
WHEREAS, it appears that the Texas Municipal Power Agency may
hereafter seek the approval of an additional Generating Project and
this governing body desires to establish a policy for the future
approval thereof by this City;
l
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON$ TEXAS,
HEREBY ORDAINS:
SECTION 1,
(1) In the event the Texas Municipal Power Agency hereafter
j I requests that the City of Denton approve a Generating Project, then
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the City Council of the City of Denton, Texas, shall call and order
that an election be held within the City of Denton on the proposi-
tion of whether such Generating Project shall be approved. If a
majority of the participating qualified electors vote in favor of
such Generating Project, then the City Council of the City of Denton
shall be authorized to approve the same.
(2) That the City of Denton has previously approved the Texas
Municipal Posner Agency electric generating project known as "Bryan
r
i, Lignite Number One" and the project that permits Texas Municipal
r,
j Power Agency to participate in the ownership and operation of the
#i "Comanche Peak Nuclear Steam Electric Generating Project", the
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approval of those projects is hereby reaffirmed.
(3) The provisions of paragraph 1 of this Section shall not
be applicable to approval of System Development and Reliability
Expenditures, to Developmental Projects (as those terms are defined I
1 in the said Power Sales Contract), nor to those projects described
in paragraph (2) of this Section.
j SECTION II,
That this ordinance shall become effective fourteen days from 1
the date of its passage, and the City Secretary is hereby directed III
1
to cause the caption of this ordinance to be published twice in the
Denton Record-Chronicle, the official newspaper of the City of Denton,
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Texas, within ten (10) days of the date of its passage.
1 PASSED AND APPROVED this the day of A.D,
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JOE MITCHEL , MAYOR
CITY OF DENTON, TEXAS t
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ATTEST:
ROOKS OL , iT SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM:
~v P UEC, I . ATTORNEY
CITY j CITY OF DENTON, TEXAS
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CITY OP DENTON
MEMORANDUM
r DATE of MEETING, TUESDAY~FCBAUAAY 6, 1979
CITY COUNCIL AGENDA ITEMi
consider. granting easement to TMPA for location of 138 KV
substation at Spencer Plant.
SUMMARY] TMPA will be building two 13B KV Transmission lines Into Spencer
Street Plant in 1979 and installing a substation and a 100 KVAO
138/69 KV transformer. TMPA desires a specific easement for this
-substation. Easements are "generally" granted for such facilities
in the Power Sales Contract but this will provide a specific
easement for this location.
FISCAL SUMMARY,
No cost associated with the easement.'
ACTION REQUIR$Ds
Approval of easement.
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+ ALTERNATIVES,
Approval - This would specifically define the site of the
j subject substation and responsib'ity for the site.
Disapproval - TMPA would have a general easement per the
power Sales Contract but the speoitic site would not be
defined.
STAFF REOOMMENDATION,
The Public Utility Board and the staff recoeanends approval of
j subject easement.
MISITSt
I - easement document
Lila
Nelsoni P.E.
1 Robert E.
Director of Utilities
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EASEMENT
THE STATE OF TEXAS
COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS:
y Q.rt~
WHEREAS, the City of Denton, Texas ("Denton") and the Texas
Municipal Power Agency ("TMPA") entered a Power Sales Contract
dated September 1, 1976, granting TMPA access over property of
Denton for TMPA System and Project purposes; and
WHEREAS, TMPA, fir purposes of its System, contemplates in-
stalling a 138/69 KV auto transformer and related facility ("trans-
former") at the Denton Steam Plant Substation which real property
is owned by Denton; and
WHEREAS, Denton and TMPA desire to give notice to third parties
that TMPA is the owner of said transformer;
NOWO THEREFORE, for good and valuable consideration, Denton
hereby confirms and agrees, and notice is hereby given by Denton,
as follows:
1. TMPA shall have access to and may install, maintain and
operate said transformer on the real property described in Exhibit
f i "A" known as the Denton Steam Plant Substation for so long as the
! aforemeiitioned Power Sales Contract remains in force.
v r 2, Denton hereby waives the law of fixtures so that TMPA's
said transformer shall not become the property of Denton by reason
of the same being situated on or attached to real property of Denton
or in which Denton has an interest.
3. Denton has agreed and hereby confirms that TMPA retains
the ownership of said transformer, including the right to remove
the same.
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EXECUTED this the 6th day of February, A. D. 1979.
CITY OF DENTON, TEXAS
!OR , MAYOR
3
! + ATTEST:
E
i BROOKS HOE V, CITY SECRETARY
r ~
THE STATE OF TEXAS
' COUNTY OF DENTON
i BEFORE ME the undersigned authority, in and for said County,
! Texas, on this day personally appeared JOE MITCHELL, Mayor of the
City of Denton Texas, known to ra to be the person and officer whose
name is subscribed to the foregoing Instrument and acknowledged to me
! that the same was the act of tho City Council of the City of Denton,
.y' Texas, a Municipal Corporation, ana that he executod the same as the
official act of said Council for the purposes and consideration there-
in expressed, and in the capacity therein stated.
j GIVEN UNDER MY HAND AND SEAL OF OFFICE, This the 6th day of
February, A. D. 1979,
RM i~W3ETC I AND OR
DENTON COUNTY, TEXAS
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CITY OF DENTOti
MEMORANDUM
DATE OF MEETINGi February 6, 1979
CITY COUNCIL AGENDA ITEM (USE EXACT WPDING AS ITEM IS TO BE PLACED
ON AGENDA)!
Bid 0 8633 Roofing and Repairs
SUMMARYr This is the repair of the Municipal Building roof of item 28
west section police and accounting department and item 2C the central
section legal, community development and utilities and to install a new
root on the east lower portion of city managers and civil defence. Included
is to install a new roof on the central section (flat roof) on the Old City
Hall. This bid was sent to 6 roofing Co. In this area b received only one.
FISCAL SUMMARY' This was budgeted and is well within the estimated cost.
The totals as shown on tabulation $90759.00. The totals of item 1, 2B, 2C
and 3 as recommended 09,309.00
ACTION REQUIREbi Approval by 'Council of this bid.
ALTERNATIVESe Not repair and let it keep leaking.
STAFF RECOMMENDATION1 We recommended this bid be approved so repairs can
began as soon as weather premits.
EXHIBITSt
' Tabulation Sheet
, 9,00e,
(SIGNAVRE 01' PERSON MAKING RLQUEST)
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CITY OF DENTON
MEMORANDUM
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DATE OF MEETING Frhtiiat , 4024
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CITY COUNCIL AGENDA ITEM HID N 8634 MFC141NICAI, pREVFNTATIVE MAINTENANCE
SUKA&RY i
This bid is for a preventative Maintenance contract on our 1
Mechanical Heating/Air Conditioning systems for the Municip+:l Building,
Community Building and Library, including all facets of the chilled
water Centrifugal System. The bid was also to include the complete
boiler and air conditioning system at the old City Hall (Central Fire
Station) . This has been hand on a contract With Beattverygminimumg
of Dallas for the past'ten plus years.
of breakdowns or major repairs because they have spent ADE UATE time
on preventative maintenance.
FISCAL. SUERIARI':
The maintenance has been invoiced monthly plus any extra labor
or parts at the pre-determined hourly rate and price. The invoices
are approved and paid from budgeted funds approved for maintentance.
The prices of this bid are shown on the attached tabulation sheet.
ACTION REQUIRED:
Approve the bid as recommended, extend the present contract, or
reject all bids.
ALTERNATIVES:
Hire hourly on call to repair only what breaks down or needs
servicing.
STAFF RECOMMENDATION:
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I have evaluated this bid and recommend, after some consideration
with others of the staff, that this bid be awarded to the low bidder
one
shown on the tabulation sheet Millard Heath 6 Company, Inc. for Itcme through fear at $9,615.00 per year and the hourly'rate of $19.50 and $29.75
for overtime as bid, for additional repairs on breakdowna and service.
You
tthanhowever, the Etotaltcostnththough roughoultitheiyear could be higheras
because of lack of maintentance during the year. As for as can be determined
at this time any of the four bidders could adequately service and maintain
this mechanical equipment. 1, however, have some reservations that one company
can adequately maintain the equipment in 36% leas time than the average of
the other three bidders.
EXHI81T 5.1
Tabulation sheet. z
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CITY OF DENTON
MEMORANDUM
DATE OF MEETINOt TUESDAY. FEBRUARY 6, 1979
CITY COUNCIL AGENDA ITEMt
8witchgear A99emblies, Bid 18624
SUMM M Bids were received on 1/11/79 for Pad Mount Switchgear to be used
for service to the Golden Triangle Mall. Four bids »ere received,
two each on the same equipment, The Trayer Engineering Company
equipment is the low total coat and meets all specifications..
Their equipment utilises vacumn switching and is guaranteed for
10,000 operations without maintenance.
!
FISCAL SUMMARYt
Total cost $700680. Approximately 50% of this coat will be
charged to the Denton Mall for placing the existing overhead lines
underground around the perimeter of the site on Loop 288 and 135E.
The remainder will be used for service to the Mall and charged
to the capital budget.
ACTION REQUIREDt
Acceptance of the lowest and best bid.
! ALTERNATIMM
Accept bids.
i I Rejeci bider re-design system for service to Mall omitting 3 phase
switching. This would decrease service reliability and introduce
I! possibility of more transformer failures due to single phase
switching.
112COMMENDATION t
The Public Utility Board err! staff recommends acceptance of the
! j lowest and beet bid of R. D. Erb Co. of Fort Worth in the amount
of $70,680 for the Trayer Engineering Co, equipment.
XMISITSo None
Erne Tullos
AssistAnt Director of Utilities
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CITY OF DENTON
MEMORANDUM
DATE OF MEETING,.- Febru, 6 1979
uminum Pol
CITY COUNCIL AGENDA ITEM: Bid 98629 Streetlights & Ales Warms
SUI.4"U1RY t
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This bid 1s for streetlights and poles to light the streets
around the Golden Triangle Mall (items 1 S 2) and to light the Williams
Trade Square parking lot (items 3 6 4).
Fiscal Summa,. :
This material will be charged to the designated work orders for
capital expenditure from Utility funds.
ACTION RE% IRED'
Council approval and bid award to the lowest and best bid as
v
recommended.
ALTERNATIVES I
Award the bid as recommended; change specifications and rebid
or postpone the project.
STAFF R£COMMENDATIONS1
We recommend this bid be awarded to the lowest and beat bid as
indicated: j
iteti II Grayber Electric @ .$114.64ea. Total $ 4,012.40
Item $2 G. E. Supply @ $301.00ea. Total 910,535.00
Item i3 Graybar Electric @ $117.79ea. Total $ 588.95
•
Item 04 G. E. Supply @ 9296.80ea Total $ 1.te 120
Total Bid $160323.55
Mal IBM
Tabulation sheet attached.
81CNA1'URE
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CITY OF DENTON
MEMORANDUM
- - -
DATE OF MEETINGi February 6 ,1979
CITY COUNCIL AGENDA ITEM (USE EXACT WORDING AS ITEM IS TO BE PLACED
ON AGENDA)i
bid 98630 Capacitor Banks
8Umy.A,Ry, This bid is for the replacement of invr_ntory stock and for
use in several developments within the City of Denton. The capacitors
are banked in 6 and'9 units to each bank. We have bid only those needed
as anticipated this years.
FISCAL SUMMAAYs These capacitors are capitalized the same as transformers
and will be paid from budgeted capital utility funds.
ACTION REQUIREM Bid approval by Council
ALTERNATIVESi none
STAFF RECOMMENDATIOM We recommend this bid be awarded to the lowest and
best bidder meeting specification and delivery requirements. Temple
Electric for O.E. capacitors for the total of $25,350.00.
ICXHIBITSt Tabulation sheet
IGNA~L1r t pEft5GNUESS1
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CITY OF DENTON
` MF?tOPANDUM
DATE OF MEETING: February 6, 1979
CITY COUNCIL AGENDA ITEM (USEEXACT Y70RDING A9 ITEM IS TO BE PLACED
AGENDA}
P.O. 138535 Approval of one source over 3,400.00
SUMKhRYs This Purchase Order is for the ,urchase of parts and supplies
update our
Waier a andeSewerc
was Utilities.
recent ustudy tof our This
FISCAL Wshpment h 20 updated weeks ARO a for i the i total m of to $1orer 26235.00 re Feb.28,
1979 with
ACTION REQUIREDi Council approval of this one source purchase
ALTERNATIVES: Not repair existing equipment on recommended by study.
STAFF RECOMMENDATION: The purchasing Dept. recommends approval of this
P.O. , as part of this equipment is now out of service, and some is not
fuctioning properly.
ZXHIBITSI Purchase Order
Quotation
IT .'OF PERSON MAKING REQUEST)
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January 16, 1979
City of Denton
Purchasing Dept. i
215 East ttcrinney Street
{ Dentenj TX 76201
Attentions Mrs John Marshall
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i Subieett n I F Notation No. 07461-100321 Dated Sept. 281 1978
Equipnent for Denton 'later Filtration Plant
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~ Dear ttr, ttarsha111 The price of $11,558.00 for the equipnent listed in our quotation no. 07461-10032
was based upon the City of Denton ordering the equipnent on or before November 30,
1 1978,
The present price for the equipment is $12,235.00 and this price is firm
provided the City's Purchase. Order is received in this office prior to
P February 286 1979,
f It I can be of assistance or anever any questions you may have conerninsl the
equipment quoted or the processing of the order, please contact me at this
1 offices
Sincerely,
c
s lie L' Sims
9eles F.aRineer T rtlg1g
! ' .1AN OF DEN~~N ,
~*,~t 1PS►~lG~~
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a IF. A UNIT bF OCNrnAL 13IONAL
801 Avonuo I I Cnn1, Sudo 114, AIhn0lon, Tons 760111 MCTf10 NO.817.640 0.169
a M~
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FIR
'CITY OF DENTON, TEXAS PURCHASE ORDER NUMBER
38535
SM312.0101 D/FW Metro 247.00!:
VENDOR NO. DATE 1-23-79 fro No. -
IsomS w,o. No. I '
~p
ourvur DAn ;.a +'i. 11P,6 ACCT. No. 04-60-91-01
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B1F9 A Unit of General Signal
801 Avenue H East To: CITY OF DENTON Water Plant'
' Suite 114
Arlington, Texas 76011 Spencer Road
Denton, 'texas 76201
Attn: Jerry Ropsli
a ITEM CITY STOCK NUMBER DESCRIPTION
QUAN, WIT PRlct AMOUNT
s See attached quotation (Bif 007461010032)
i as to equipment replacement, conversion and
11 service requirments.
I $12,235,00
3.% 1
NOTE: Price' is firm to Feb. 28, 1979.
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j 01M PA NO. ON ALL SHIPMENTS, DELIVERY TICX[TS, INVOICES. ETC.. SEND INVOICES IN DVPIICATE TO ACCOUNTS MYASLE. THE
d1 CITY OF DENTIN,
j TEXAS IS 1; MPi FROM SALES TAX AS PER HOUSE SILL 020. TH1 CITY Of DENTON IS PROHIDITEO FROM T'AYINO FOR MERCHANOW 1ET0BE 17 19
} REC14E0. ALL SHIPMENTS MUST 1E TO S., CITY OF DENTON, TEXAS. DIRECT ALL INOUAIES TO.
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CITY OF DENTON, PURCHASING DEPT,
215 E. McKinney BY~
' Donlon, Tdxal 76201
FORM N0101121 0