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HomeMy WebLinkAbout06-26-1979 I NNJ,~ AGENDA j CITY OF DENTON CITY COUNCIL i June 26, 1919 Regular Meeting of the City of Denton City Council Tuesday, June 26, 1979, at 7:00 P.M. in the Council Chambers of the Municipal Building. 1: Consider the minutes of the regular meeting of June 5, 19791 and the Special Called Meeting of June 13, 1979. 2. Public Hearings A. Z-1396. This is the petition of Mr. George Goen request- ' ing a change in zoning from Single Family (SF-7) to Multi Family Restricted tMF-R) classification on three acres located on the west side of Dell Avenue, 320' north 4 of Peach Street. B. Z-1401. This is .hp petition of Mr. Robert Welch request- Ingannexation and Single Family (SF-16) zoning classifi- cation on 47 acres located adjacent and south of Forrest- ridge Addition end west of the Montecitq Addition, C. 2-1398. This is the petition of Mr, Carroll Goen re- ? uesting a change in zoning from Neighborhood Service NS) to General Retail (GR) classification on .3 acres ( located at the southeast corner of Eagle and Kendolph. I D. 2-1397. This is the petition of Mr. Barry uachal re- questing two zoning Changes on 30 acres located at the northeast corner of Westgate and Payne Drives: it the petitioner seeks a change in zoning from A~rlcultural (A) to Single Family (SF-10) classification on the northern 9.16 acres ( of this tract; 2, the petitioner seeks a change in zoningg from , Agricultural (A) to Single Family (SF-7) on the remaining 20.85 acres. E. Z-1402. This is the petition of Calusa Development, Inc. I requesting a change in zoning from Agricultural (A) to Planned Development (PD) classification for duplex, zero lot line, and Single Family (SF-7) residential uses on 7 acres located on the south side of 1-35E9 650' east of State School Road. 3, 2-1393, Consider taking final action on the petition of Mr, Tom Jester, requesting a change in zoning from Agricultural (A) to Light Industrial iLI~ classification on 8 acres located at the northwest corner of ast McKinney and Mayhill Road, OEM- s-. City Council Agenda June 26, 1979 Page Two 4. Z-1384, Consider taking final action on the petition of Dr. Walter S. Miller, requesting a change in zoning from Single Family (SF-7) to Office (0) classification at 2280 West Oak. a 5. Consider the recommendation of the Parks And Recreation Board concerning the awarding of bids for the Tennis Complex Build- ing, Bid 18668. 6, Consider reviewing the location of the sidewalk on Amherst and/or the deletion of this walk from the sidewalk contract. i 7. Ordinances t A. Z-1388, Mr. Ralph Nations. Consider adopting zoning ordinance amending the zoning map on ,2 acres of land a at 2722 East University Drive from Agricultural District to Two-family District. a C. 2-1394. Mr. Billy Claytor. Consider adopting zoning ordinance amending the zoning map on one acre of land located on the south side of University Drive, 600 feet l west of loop 288 from Agricultural District to Commercial District. 1 y C. 2-1391. Ms. Elizabeth Garrett, Consider adopting zoning ordinance amending 'the zoning map on approximately 40.277 + acres of land identified as Lots 19 and 20, Block 178-F from Agricultural District to Single Family District (SF-7). 8, Consider a resolution approving amendments to the By-Laws of 3 the Board of Directors of Flow Hospital. E iI 9. Consider site plan approval for a portion of Planned DEvel- ' opment 12. 10. Consider abandonment of all utility easements within the Golden Triangle Mail, (Q-29) and consider acceptance of revised easements. 11. Consider a change in policy in the Community Development Grant Fund Demolition Program. 12, Consider awarding bid 18662 for drainage improvements on FM 1515 near the Peterbilt plant. 4 13: Consider awarding bid 48670 for the construction of Windsor Drive between StuArt and Locust. { 14, Consider entering into an-agreement with North Texas State Vniversity to repave Welch Street, i F 1 MAI i 1 City Council Agenda June 26, 1979 Page Three i 15. Consider a source of funding for the repairing of Welch Street and the Tennis Center tmprov&ents. 16. Consider acquiring additional property for drainage improve- ments on the south fork of Pecan Creek near Prairie Street. 17. Consider acquiring additional easements for drainage improve- vents on the main channel of Pecan Creek near Sycamore Street. 18. Consider funding for airport runway and taxiway overlay, and authorize the City Manager to start the search for an engineer- ing firm. f 19. Consider allowing KNTU FM to broadcast the City Council meetings. 20. Consider the recommendation of the Research and Economic Devel- opment Board to continue our membership in the North Texas } Commission, 21, Consider awarding bid 08672 fur the yearly supply of water treatment chonicals, 22.. Consider awarding bid 08667 for airport fencing, ( 23, Consider setting a date for a meeting with the County Commissioners f Court, 24. Consent Agenda j Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommen- dations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations, A. Referrals 11 i-1399. This is the petition of Henry S. Miller Company requesting a change in zoning from ricultura] (A) to General Retail (GR) classi- r r cation on 14.6 acres located on the south side of 1.35E at its intersection with Loop 288, 21 2.1403, This is the petition of Mr. Sorour Partovi requesting a change in zoninq from Multi Family (M -2) to General Retail (GR1 classification on .6 acres located on the southeast corner of Eagle and Avenue B. i i s I City Council Agenda June 26, 1979 Page Four I i 3, 1-;404. This is th3 petition of Mr. Jesse Coffey S j requesting the following: as a change in zoningg from Agricultural (A) to Multi Family (MF-1} classification on 2.9 a acres adjoining the west side of Sherman Drive, a beginning 1100 north of Heratles Lane; 'p b. annexation and Multi Family (MF-1) classifi- cation on an adjoining 14.8 acres', beginning approximately 500' west of Sherman Drive. , 25. Executive Session A. Pending or Proposed Litigation J B, Personnel 1 ~ C. Land Acquisition D. Board Appointments 26, Gmsider Board Appointments I J I I 1 I I i i I l i ~ i I h wa~~ h , a a ~ 174 City Council June 1979 I Regular Meetinngg of the City Council of the City of Denton Texas Tursday, June r S, 1979, at 7;00 p,n, in the Council Chamber of the Ntnic{pal Building, r : PRPSFNf: Mayor Nash, Mh or Pro Tem Stephens, Members Vela, Stewart and Hensley; City FLsnager Chris Hartung, Acting City AtOTU; Burt Solomo,:s and City Secretary ?rooks Holt, ; 1. Motion was made by Stephens seconded by Vela that the minutes of the + a Regular lketing of May 15, 1979; the kpccial Called Meetinngg of May 160 1979; be Special Called Meeting of May 22, 1979; and the Special Celled Meeting of May 29, 1979 be approved. Motion carried. 2. The following safety awards wore resented to the City of Denton by the National Safety Council, Texas Safety Association, and American Public Power Assoc- tation: j City Manager Hartung received can award for, the entire City for 34 lost time accidents %fille workinngg 1,216,714 hours. Hartung also u r"elved an award for the City Administration for 1 lost elms acct- p dent while working 216,320 hours, f Fite Chief Gentry 'received an sward for the Fire Department for 0 last time accidents while working 227,104 hours. 3 r Electrical Engineer T'ullos received an award for the Utility Depart- sent 'or 1 lost tint accident while working 157,664 hours. Tulllos i also received an award for Electric Distribution far I lost time I oxident whole working 66,941 hours. Tullos also received an award for Electric Production for 0 lost time accidents while working 71,173 hours, I Joells Orr received an award for the Library for 0 lost time accidents Alto working 41,600 lours, ~ Jerrell Strickland received an award for the City Machine Shop for S S u not having a lost time sceldent for 9 years. u 3, PUBLIC HFARM: (A) The Mayor opeW the hearing on 2.1393, the petition of Mr. Ton I i i Jester rMwsting a change in toning from Agricultural (A) to Light Industrial i 1 (L1) classification on eight acres located at the northwest earner of East McKinney and Mayhlll. After hearing 2 speak in favor and 2 in opposition the Mayor closed i { the hearing. John Lavretts, City Planner, stated that 14 letters were mailed, with 2 E returned in favor and 1 undecided. Lavretta stated that the Planning and Zoning Commission recaancnded approval tsumimously and the Staff approved. I Motion was wade by Nash that the petition be approved. Notion died for lack of a record. : (B) The Mayor opened the hearing on 2-1394 the petition of Mr. billy Clayton r uesting a change in zoning from Agricultural (A) to Commercial (C) west of boop26b Aone fterhearinngeI spesk in favor side and a n netinroppo ition, hethe Mayor closed the hearing. : John Laurette stated that 6 letters were mailed with 2 returned in favor and none in opposition and that the Planning and toning Cermission recom- ended approval. io said, "there was some concern with entry to the property, which was not an ideal situation." Motion was lade by Vela, seconded by Stephens that the petition be approved. Motion carried, a , j I I 1 WWI June 3, 1979 Continued 171 , (C) The +'ayor opened the public hearing on 2.13910 the petition of lbw Elizabeth Garrett, requestingp a change in toning from Agricultural (A) to Slrr~~Inga Family (SF-7) classification on 40 acres located adjacent and east of the meal losAd.ition. After hearing 1 speak in favor and I in opposition the hearing was 1 e1 John lsvrctta guliO tiLat Um Plwuil oral Zoning Comissiuu ammiw- ended a roval, that the utilities are adequate one the subdivision will be help- ful to go community. Motion was made by Hensley, secorded by Vela that the petition be approved. Motion carried, (D) The Mayor opened the public hearing on Z-1383, the petition of J Mr. Ralph Nations, requesting a change in toning from Agricultural (A) to Two J Family (2•F) classification on a .2 acres at ?712 East University Drive. After I hearing 1 speak in favor and none in opposition, the hearing was closed. J John lavretts stated that a gravel road leads to the property and there is no sewerage, He said that letters received indicated nose in favor and 1 in M opposition. He advised that it would take a 415 vote from the Council for M approval of the petition, 'Ct Motion was made by Stewart, seconded by Stephem that the petition W be approved. Motion carried unanimously. , 4. The Council ecasidered the request of Leslie Claire Lessberg fow Q permission to sell ice cream bars, etc. on City streets. • Motion was made by Stephens, seconded by Vela that the request of L Leslie Claire lassberg for permission to sell ice cream bets, etc, an City streets i be approved. Motion carried. S. The Corscil,cotsiderW the request of the Denton Kiwanis Club concerning approval of their Fourth of July Fireworks show. Tdotlon was made by Stephens, seconded by Stew-:; that the request of y r the Denton Xtwanis Club be approved. Motion carried. 6. The Council considered terminating the Agency Agreement with Aerosmlth n Denton Corporation and taking legal action. Cou iil Member Stewart read a lengthy statement asking for taamimtion of the Agenary Agreement. Dr. Gehe Wright of the Airport Advisory Board requested that the Agree- mot not be tenzin►tod, jf # Following a discussion and statements by !bb Smith and Jim flora of orro3mithDtntonn Cot ration, motion was suds by Stewart, seconded by Vela that tiw Octo tber 1 ate M MAAg nc Agrreementtwith Aervvdth Denton Corporation effect- • I Fol »SrS the motion Bob Smith stated that they were in daily and weekly contact with V ity of Denton, adding that since the 1965 contract they had H been moving hal at excess property at the Airport. l hbrr's--"We are trying to' do s geed b. We manage safety and dally a operations of the Airport, but we have been grassed constantly." t Stewart said that Born was wanting a cross wind runway because he owned property at the erd of the present sunray. Dr. Gene Wright stated that "it would be good to have a manager, but i 1 won't say that the Airport is not doing a good Job. We depend upon them and we j n must have a manager before cancelling the agreement, j Vela••"i have the Fire Marshal's report regarding fire hatardr, It Is j a 4 page report regarding fire safety deficiencies at the Airport, settled?, Nsth--"Gar mgenda Involves only agency agreements, Ay can't this be R: .FL I 1 72 June S, 1979 Continued 1 7. The Council considertd terminating the 1971 contract with AerosmltA Denton Corporation and taking legal action. Stewart stated that the Intone was lower for the City in the 1975 cont- ract. that it was pushcd through the Council. !te asked "how did the 197S contract i get changed? Was it left out on purpose?" 3 i Assistant City Manager Cole said "if it was left out it was an ovtrsitu by tho Staff and the Council. I do not feel that it was intentional." Stewart claimed there was a conflict of interest and that the 1975 coat; ract must be terminated. Motion was made by Stewart to tensinate the 1974 contract because of conflict of interest. Motion died for lack of a second. Vela--"We are not proceeding for the good of anyone." j Motion was made by Veto, seconded by Stephens to table item 7 above and i item B which is requesting a Grand Jury investigation of Aerosmith contracts and J possible conflicts of interest. Motion carried. F i over with. Bob Please Smith do ren ested to be heard. He said that 'We need to get this put it off any longer. Now we must stop our building program, I want it to be made very plain that we are proud of what we art doing. You can take us to court if you like; we have a legitimate contract. Ne have been harassed since 1972 by Mr. Stewart." • g. This item was tabled as per above motion. 9. ORDIWMS: The following Ordinances were presented: (A) Ordinance 179.40 (Dick Harris) i { AN Cf1DINANCE MMING THE ZONING W OF THE CITY OF DEMON, TEXAS, AS SMii WAS AlYVM AS AN APPENDIX TO THE CODE OF ORDINWCE , OF THE CITY OF DENTON, TEXAS, sy culwa. No. -10 AND I ING AI'MiMATDLY6t1.2611 ACRES, AS RMS THIS DATTE ON'I~EOFOFFICIA1~ FWP CFN• THE CITY OF DeIM, TEXAS, AND IK)AE FARTICIAAALY DESCRIBED THEREIN; AND DOCLAR- ING AN EFFECTIVE 0411. Mayor Nash abstained bea-rse of engineering work. , Motion was made by Vela, Seconded by Hensley that the OrdinaXt be passed. On roll Call vote Stewart "aye" Hensley "aye", Vela "aye", and Stephens We.,. Notion carried with Nash abstaining. (>f) Ordinance 179.11 (Robert Caldwell and Hrs. Rome Johnston) AN ORDINANCE A&MING 1191 ZONING FWp Oa THE CITY OF DENION, TEXAS, AS SME WAS ADO(`IED AS AN APPENDIX TO THE CODE OF ORDINANCFS OF THE CITY OF DEMON TEXAS ' BY oPDINANCE No. 69.1, AND AS SAID MAP APPLIES TO C11Y TATS S, 6 4 7, MACK 1, AS SIKXdN 71115 DATE ON TIE OFFICIAL TAR WtP of THE CITY of DENION, TEXAS, AND MORE PAHtiICIMRLY DESCRIBED T1MIN; AND rOCIARINi AN EFFECTM DATE. r ' i Motion was mode by Uel+, seconded by Hensley that the Ordinance loo 1 used. On roll call vote Stewart "aye", Hensley "aye", Yel+ "AYO', Stephens ti '+yd' and Nash "aye". Notion carried. (C) thdinor,ca 179.11 (Kart Moore) AN OADINA U Ai•41vDIN0 THE ZONING WY OF THE CITY OF b"o DOM, AS SAE WAS ADOPTED AS AN APPW- lX TO DE CODE OF OADIWMS OF THE CITY OF WSTON TEXAS, by ORDINANCE NO. 59.1 AND AS SLID FWP APPLIES TO CITY LOT S, AND DIU birm- LM.K .F OF LM 2, BL11CK W. I79A, AS SION THIS DATE ON 1116 OFFICIAL TAX MV OP DE CITY OF DINICN, TEXAS, ANb HORS PAATICIXARLY DESCRIBED THiE11EIN; AND DEIC1AAING AN EFFIR'IIVE DATE, { Notion was made by Ste*,ns, seconded by Veln that the Ordinance be Passed. AI roll call vote ]khtslty "aye", Veto "ayo", Stewart "aye", Stephens ayd' and Nash "eye'. Motion carried, I • 1 June S, 1979 Continued 173 (D) Ordinance 179-43 (James Neblett) AN CRDINANCE WIDIN'G 7113 ZONING W OF TT93 CITY OF DEMON, TFJfAS AS SAME WAS ADOPTED AS AN APPENDIX TO ME CODE OF ORDINANCES OF 7113 CITY OF DST M- TEXAS, OF LAND, AS %MN 7111S DA AND E ON nE OFFICIAL TAX MP OFF ME CITY 1OF DEN ON, TIFUS, AND )ME PARTICULARLY DESCRIBED TI93REIN; AND DULARINO AN EFFECTIVE DATE. )btlon was made by Vela, seconded br Stephens that the Ordinance be passed. Do roll call vote Wnsley "aye", Vela 'aye'', Stewart "aye", Stephens lyd' :nd Nash "aye". )btion carried (E) Ordinance 179.44 AN ORDINRCE OF TIE AMNDOIWr A) SAM OF CRAINLITOOF THE UTYC11r OFFTOPOU P 'AUAW.S PROVIDING MI FOR II- OF- 41Y PURPOSES ANY LONGER; ALMMIIING THE SALE OF m PROPER S iE HiavT BIDM-R; AM DDCLARINO AN EDfE73OFNCY. ktlon was made by Stewart, seconded by Vela that the Ordinance be (Y) passed. On roll call vote Hensley "aye", Vela "aya", Stewart "aye", Stephens M aye and Nash "aye'. Notion Carried. C 1 10, RE401dIlm: E d (A) The following Resolution appointing Burt Solomon as Acting City Q Attorney was presented: • AT A AMW MEETING OF Die CITY CaMIL OF 'lire CITY OF D[NTOI TEXAS, WILD IN r TTIE KAICIPAL BUILDING OF SAID CITY ON TIM ITH DAY OF JUNe, Al 1979. RESOLUTION W ERFwe, It has become neceaeary for the City of Denton to appoint an Acting City Attorney for an Interim ppeCriod of timo until a City Attomey can be appointed + by the City Connell of the city of Denton; NOW, TTEWCRB, BE IT RESOLVED BY 11M COIMIL OF M CITY OF DENTON. TEXAS: i UCCIION I. ifiat the City Connell of the City of Denton hereby appoints Burt A. So1Mrcns, 1 f Assistant City Attorney, as Acting City Attorney for the City of Denton with oil th epopower to act for, and perform the duties of, the City Attorney of the City of ton, SWT'!ON it. That this Resolution $hall be effective upon its passa4e and approval, and remain in full force and effect vital the City Council has forosil 0ty Attorney for the City of Denton, unless revoked sooner by an acct of tthheaCoounccil. I PASSED RO APPROM this the Sth day of June, A. D. 1979. I ~ ATTT i CITY OF MPON, TEXAS a CITY OF DENTON, TWS j APPROVED AS TO IECAL FOW. , s it, MUMS; C S ANT CITY 7IT1QtfiEY j CITY OF DEMON, MM E i r Notlon was made by Stephens, secoo ad by Vela that the Resrlution be - passed. On roll call vote Stewart "ayd', Iicnsley "aW, Vela "aye", Steph'm ayd and Nash "olb". Notion carried. ~ i 71 ]74 ' j Juno S, 1,979 Continued (B) The followiny'Resolution authorizing land parchases was presented: AT A REGVL R WEfING OF 711E CITY COLALIL OF THE CITY OF ror" TEXAS, MLD IN THE i MUNICIPAL BUILDING OF SAID CITY ON 111E $TN DAY OF JUNE, A.D. 1679. AE5OLU7ION W[WAS, It is a public necessity to obtain certain properties for water and sewer Improvements in the City of Denton, Texas; and MITRE 1, negotiations lava taken place and , regiments reached for the purchase of In properties for the total sun of Two Th"and Sixty-Two Dollars and S5/100 St,06 $2062 sad ,and the settlOO nit of the lawsuit with Anita Martinet for Four 711"a liars NOW, 1T-MORE, M IT RESOLVED BY 711E CITY COUNCIL OF THE CITY OF DINICN, TEXAS: • that aaney be expended from the water and Sewer Bond Funds in the amount of Two t` 'thornand Sixty-Two end 55/100 Dollars($2,06236) listed in item One (1) of the Addendun{ and That money be expouded from the General putds for settlonent of the Anita F4nrtinet lawsuit in the vaunt of Four Thousand Dollars (54,000.00). PASSED AND APPROVED this the Sth day of June, A. D. 1979. { H' Yom' v a ATTEST: CITY OF DFNIYN, 7k7CAS CITY OF DENPON, TEXAS APPROVED AS TO LEGAL. FORM: f a i GI I ADOF~ OF "10MMES ( EXPFNDIIUM j 1. WATER AND SEWER BOND FUNDS 1 A. I)MUN COUNTY CLERIC FCA CCM1fM"ZITION , i lletroplex Equities Sewer Easement $2,061,SS a motion was We by Stewart, seconded by Iknsley that the Resolution E be passed. On roil cell vote Me "sye", Hensley 'aye", Stewart :ayd', Stephens r n sye and Nash "eye". Notion carried. 11. Charldean Newell appeared to twice suvort for North Likes Timis Center. Ns. Nowell stated that tennis is played by all fray 6 to 60 years of age. A pro 1JI should s&dnlster the city tennis p rmae. A need exists for 1lghting, restroanro, water and some typo of seats for spectators. At present, after rains occur, mud e has been washed over the playing surfaces. She urSed that a pro shop be constructed , as soon as possible. n St. The Council considered the reccamendation of the Parks BM Recreation Bard concerning the awarding of bids for the Tennnip Complex Building, Bid I8660, l~ Dick Isnck, Director of Perks and Recreation, briefed the Couruil, stating ! that it would take taw funds to fund this protect. 333 Vale asked if funds generated, can the city recap the capital cost? j Mrtung-"1t is very unlikely." 1 June S, 1979 Continued 175 Velr -'There is nxh support for the tennis center, so we must find funds." Chuck KAcner said, "It is not fair to finish a tennis center without 'helping basebsll and soccer for huedends of children." Hartung asked Jluck if the funds for the tbuis center would be active until the end of the month. Ftxk--"when the time Is up we can get an extension." Hartung requested that the Council table the matter until the meeting of June 16. Motion was mode by Stewart, seconded by Hensley that the matter be tabled. Notion carried. 17. The Cam ll considered revising sidewalk plans for sidewalks on Amherst from Hinkle to Malone. Rick Svehlo stated that "the Staff has polled all the affected lend t i (1) owners and they ore in favor of movl'mg the walk back to the curb line. by alter- (Y) ing the alignment somewhat this can be accamplished and interference from =il- W bores can be eliminated. This chance in alignment will not substantially increase ' the cost of the project, it may add one or two square lards to the total amount of walk. Three area Amherst residents asked the City to put the walks against Q the curb, but that they did not want the sidewalks; there were not enough children a Q in the area to use them." j Notion was grade by Stmr•t, seconded by Vole to look into the project for possible changes. Motion carried, U. The Council considered the,Plaming Commission and Utility Board's C recommendation for the capital Improvement Program. John lAyrttts delivered a report to the Council stating "that, the j Planning Department conducted a very informal survey of UW City departments and naior organizations requesting irgx,t on the relative priority of the major classes o capital inprovowts. The survey results can be useful, but it should be kept in mind that !t is not a cmVIete sample of Denton citltens. The priorities suggested are; street improvements, drsinape iu ants, venter and sewer m improvements, electrical improvamxres, public buildings and park improvements." Notion was made by Vets, seconded by Stephens to accept the recemnen- F dations for the Capital Improvement "rom. Notion carried, 1S. The Comnctl considered a minute order from the planning and, toning r Commission carcerntng a toning ordinance amendment which would permit profesclonol office use by amI a use permit in residentlat toning districts. the negative recownnddaatlo on aespeclfic use ppermiit for prroofessio alsoffices Ina dwelling districts. 16. The Council considered an aCreement with Andrew Corporation relating ' to the location of water meters. Utilities Director Bob Nelson stated that the City Council at their meeting on Tuesday, Nay 22, 1979, recummanded a change in City policy relating t m to location of service water meters, The now policy allows an industrial or commercial customer who has o fire line to their building to have the City tap the fire line next to the building and set a service meter at such location, The previous policy was that (ire line would be totally separate from service ! lines and that service water meters would be located on city street-right-of-way. ' Due to the policy Chang It will bo necessary to enter into an a~iregiment which { will define the fire lo and water meter maintenance responsibilities, The r Utility Staff presented the agreement to the Utilities Bard tot their approval ! on wy $1, 1979. The Utilities Staff recommends approval, I Wtion was snde by Vela, seconded by Stewart to approve the agreement with Andrew Cotporatlun, Wtion carried. . i 1 i Joie 5, 1979 Continued i ' 17. The Council cuvuidered awarding bids for the Mission street water line. Motion was made by Vela, seconded by ioruley that the bid be awarded to the la bidder, Turner Construction, at a bid of $45,535, as reviewed and recamended by the Utilities Board. Motion carried. I8. The Council considered adjustments of the tax rolls for uncoilectible ' accounts. Mutton was made by Vela, seconded by Nash to accept the Tax Adjustment Report for April 1979 in the ra..ount of $4,563.21 and the Supplament to the Tax Roll for April, 1979 in the amount of $3,226.66. Motion corrod. 19. Motion was made by Vela; seconded by Stewart that the following Consent Agenda be approved: Motion carried, S z (A) R£FERRAIS: the following 6 petitions were referred to the Planning and toning u Connlssion for its recommendations: ion of . Carroll in toning from(SinglelVomtlyth( pSF~•7)tto MultiirFamily Restricted-R)nclassif cation on three acres located on the west sida of Bell A•mnue, beginning 300' north of Peach Street. (2) 2.1397, the petition of Mr. Barry Wichal, requesting a change 3I in toning from Agricultural (A) to Single Family (SF•7l classification on 30 acres • located at the northeast corner of Westgate and Payne fives. (3) 2.13S% the petition of Mr. Carroll Coen, requesting a change in toning from Neighborlu )d Servi.e (NS) to Central Retail (0R) classification on .3 acres located at the soAheast corner of Folio Drive and Kendolph. the in toning from officel(0 Ito NeieghbodrdoedfSer ice (NS)Kcllasssifiation atg116 change t, Ferguson. i (5) 1.1401, the petition of Mr. Robert Welch, requnreti annexation and St le Family (SP-16) zoning classification on 47 acres located ad acent end I south of the Fonrestridge Addition and adjacent and west of the llmt& to Addition. (6) 1.2402, the petition of Colusa Devel too inc., requesting ' a change in toning fras Agricultural (A) to Planned Development (PD) classification for gtrden apartment and zero lot line residential use on opproxlimmaately 7 acre, located on the south side of 1.358 approximately 60' rest of State School Road. r (B) BIDS: (1) Bid 08668, auto6otive oils, awarded as follows: Item one to Mobil Oil of Denton and items two and three to Caruthora Oil Company of Denton. (2) Bid 086641 Solid Waste containers and eoopoctors, awarded as follows: item one to lydustrial Disposal Supply at $2139S.000 and item two to Duncan Equipment at 19,790.00. l . I (c) Pll KSE ORDERS: (1) Purchase Order 039366 to Cenral Electric approved in the } t amount of $14, 00. J ' (2) Purchase Order 138393 to Dixie U.S.A., Inc. approved in.the + amount of $10,36330. 20. The Council consldered a report on the Mulberry Street none problem. Assistant City 7innager King Cole stated that noise had been created by ebbs in the past, but owners had agreed to the following: Not to use outside spoalurs, hatardou+ driving could be a problem, but club owners told they would ask customers to cooperate fitter, the clubs nea mess to neighborhoods, placing uniformed security ten inside clubs and spot checking by Police. { .4 N J 177 June S, 1470 Continued 21. The Council adjourned into Executive Session at 10157 D.m. to discuss land acquisition, pending Pr propostd litigation, porwnrel and board appoint-ants. 22, The Council reconvened into public Session at 11111 p.m. to ann"co } that no action was to be taken. Wvting adjourned at 11157 p.m. e i d a y W-XLTARY 3 f i i I f I I , ~ l a, I I 'I I I 178 1 ' city Council Juu ]5, 1979 I Psergency Celled Meeting of the City Council of the City if Denton, Texas, Nedncsdey, 1 June 13, 1979 at 1.00 P.M. in the Council Owber of the Mmicipal Building. i 1 PRMV;rs Mayor Nash, Ma or Pm Tom Stephens, Members Veto. Stewart and Hensley, city ihsager Chris Hartung, Assistant City Manager King Cole, Acting City Attorney Sort Solomons W City Secretary Brooks Holt. 1,po The Council received a report lr0a Fire Marshal Robert He tft n Oho infrsrt ions fouand atithprovlous inspect on.haNecsugg<stedlthat a disesteredrillyd ' be held once a year at the airport. Vels stated that abandoned vehicles were in the grass north of the old Breen hangar. He also said that there were some storage problems near combustible Materials. i Hagemann stated that violations listed on the inspection report of April 1979 have been corrected except the following: Location • S.mrch HarigaAr 1n Building 12arts Depa•rtne_nt ropoe w r g still ex s3- s area. etion • Fuel Stara a Area j -iFe~e Ts-s a of 0T~ubc in high grass and weeds. This area Mast be cleared of the debris so that the weeds and grass a will not ba a fire threat. Location • Termi 1 Build I •'Tw IN a area o t , wtsding snsst be cleurcd out. ' All coveri on Suction boxes of electrical system east be installed. lacafio~ • r r o r p Terns North Han it ton f with electrical system present, eprope I locat:on_• North 7 Hangars ss end week hangars must be cut to protect property from 1 gross fires. M, electrical extension cord being used for elect•.icai po~nr to North Texas Sprayer Cearany runs slong the gr'^nd to North T Hanlar••this mutt be discontinued. Nora warning signs are needed in the area of North Texas Spriw i Company because of d aroical startle. 1 21 After hearing the ;ire Nnratal's report the Council recessed into executive Session to diiscuss pending litirttion nnd,board appointmonts. Y, The council rconvened into lublic Salton at 10:58 p.m. to announce that no official setton was to be taken. Meet adjourrsed at 11100 P.M. I E MIT I I ~1.. • ~.r • r w ww.MYMMIY I M • Planning and Zoning Commission Recommendation to the City Council Z-1396 June 26, 1979 Identity: Z-1396 This is the petition of Mr. Carroll Goen requesting a than a in zoning from Single Family (SF-7) to Multi Family Restricted (MF-R classlfi- cation for approximately three acres located on the west s de of Bell Avenue. Location; This property is located adjacent and south of the Denton Housing Authority's elderly development. Background: This same petition was reviewed by the Planning Commission in March and there was significant opposition at the Council's public hearing, and the Council denied the petition., As indicated by the attached letter and the Planning Commission hearing, most of that opposition appears to no longer exist. Given this change, the Planning Commission 1 agreed to reconsider the zoning petition. Recommendation; The petitioner seeks development of this tract as a medium-density apartment complex. Multi Family Restricted (MF-R) zoning classiii- cation permits approximately 17 units per acre and on this throe acres would allow about 61 units, The site in this request is Some- what difficult to develop according to its On le family zoning classification because of its narrow depth (191'), If the necessary ' street were extended to serve a single family subdivision, lots could be sited only on one side of the street. An apartment,devPlopment `would eliminate the paving and dedication requirement which would bo ' necessary if this tract is utilized for single family use. Surrounding land uses include a church to the south, the College Park single family additic n to the west, and the Denton Hous ng Aut orit 's ! elderlyy development to the north (at a density of 16 units per aerel. The sita in ,this re uest does not Immediately, adjoin existing evelop- , merit in the singleamily College Park Addition because there Is a E smell vacant area that will remain single family. A transition between the existing single family homes and the proposed MF-R zone could be provided on this currently undeveloped property., The Similarity in density between the proposed apartment development and the Denton Housing Authority's elderly housing complex to the north (11 to IS dwelling units per acre) suggests a compatibility of land uses. Regarding public facilities utilities are available for extension to the proposed development." Alt access to this apartment site would be from Bell Avenue, and the Traffic Safety logineer confirms that Bell Avenue, in this vicihity north of,Sherman Drive, is an adequate traffic artery which will accomodate this development of 50 additional dwelling units. Traffic congestion on Bell Avenue south of Sherman I I 3 Drive will be affected to some limited extent by this additional development" The signal at Pell and University should effectively disperse this increase. -The Planning and Community Development Departments report stated that this was a reasonably request. Of notices sent to property ; i owners for the Planning Commission hearing, one was returned in favor' and one in opposition. No opposition was expressed at the Planning Commission hearing. The Planning and Zoning Commission unanimously recommended the City Council approve zoning petition Z-1396. } t i I i ~ II ' YY.R dtL~ , Nt I, If le 1e 10 10 40 V2 ~3 y4 . 9 • ' In1' oet' IR a , o~T M WAS Sa r 114 1 ' 3A 3 3 u, teHe' Z 1396 2 toe ISO • • or J ~k , 4A a 2 La foQ I,; b Ilret • ~ I s 7 134' ' 1 s j j~ 0 r ' 4 ~ LI • PEACH ' ISO I.I t w 211 2.3 c ' '2 2.1 r + A u1 2 2 PA C 2,2 ' ' I r' - Ile Ilr• ni. 21 _ 20 3 s 22 a 19 'J I3 p $ . la L~c 13~ p p Z A 17 0 3 J .g, 1 f , 0 L J ' In' 4{~I a .4 10 Is r = - - ~,t x n ~ , ' =to ~n.sn . I "lip K PROR III GEORGE CARROLL GO£N JR. MONTERREY • ESPANA FRANCISCAN • CENTAUR & 407 NORMAL APTS. P.O. BOX 485 -DEN ION, TEXAS 76201 -817/M7.1465 23 May 1979 j Mr, Sam Listi Zoning Administration City Of Denton Dear Sami Regarding our conversation on the toning case of 3 acres on Bell Ave., I have contacted the two persons who opposed the change to MF-RI Mr. Frank Davila and Mr. W.R. Fleming who reside on F w drive, As you recall, these were the-only two l y persons Wit opposed { this change of the twentyletters that wore mailed out. k Mr. Davila is now supporting the change as I requested, after . hearing all the faots and after a long discussion. He indicated to me that he would contact your office and withdraw hie opposition 1 to this zoning change., Mr. Fleming said that he appreciated the additional information, that he was unable to attend both Planning & Zoning and City Counoil meetings and was not well informed when he sent'his opposition form letter back into the city offices. He promised 'to reconsider and talk the matter over with his wife. He seemed most leceptive. II I hope that this is the information you desire concernibg this zoning matter. If yosx need further information or help from me, please advise. j Carroll Goe , Jr r✓ / r.. ~ I I Planning and Zoning Commission Recammendation to the City Council Z-1401 June 26, 1979 Identiiv and Location Z 1401 This is the petition of Mr. Robert Welch requesting annexation and Single Family (SF-16) zoning classification on 47 acres located ,rdja• cent and south of the Forrestridge Addition and adjacent and west the Montecito Addition, Of Background; cationtonnthis ta~aiexractawatisonconsiderand f meeting May 16, In response to siggnificant' property owner opprpps' on, the Planning Commission recc m*nded'denial of tho;reqquest. the peti- tioner chose not to appeal she decision to the City Counoil and refiled the zoning petition requesting annexation and SF-16 zoning classifica- tion. Recdat{on; i Annexation and Single Family (SF-16) zoning on his.tr4tt.would add an additional 47 acres for single family residential developPment to ~ the Forrestridge Addition, Minimum lot sizes would be the tar est required in a'single family zone--16,000 square feet--with minimum i lot widths required to be 100 feet and lot depths a Mint Tum`of 120 feet. The(SF-16)#rac tresidential in this request adjoins property zoned'for $ingle Family development to the north in Forrestridpe'and to the east In Montecito. Given that this zoningg petition W60 d continue large lot single family development required in surrounding subdlvi sioms, the Planning Commission considers this an appropriate request. LUtilities and streets are adequate for extension to serve this devel- oppmmeent. Any drainage problems on this property will be corrected through development of this tract. The Planning and Community Development Department recommended approval 1 of this "request, Of notices sent to property owners'for'the Plamriing Commission hearingg three were returned. in favor and three in oppost- tion to this petition, No one spoke in opposition to this request at j the Planning Commission hearing, i The Planning and Zoning Commission unanimously recommended the City ' Council approve zoning petition 2-1401. I I i1 1 1 I N i. I7 LN x' P y J P4} 1 Le: ` I} 1 « , t~- J rt r` ~{vI s,y: i ~ r. 535 A + f s i.'~' ~ Ss tiK. q i1~ } t rF ~ r 19 1 1 } a ~ . C . ° t P y. i p 'F r s . + r ~ tS •N ti It ~ + f 140f ~ n~, a 1 ~5r r' } ~ r~ r S~ r K AOF6, v, S V Y 1 1• l i tr.~ ! ~ ~ ~ A~~ rF OK, r 'r'7 : - 1 1 Nay ~ w ~T 1 ~k~ ~ ~ • yy r ~ ~ q ~ ~ ry ~ V I a r ~ ~ !y~} ~ i 1 14 9 ~ • " , s • s` dz 1,{+ e } ~y,"`r t Sig 1 1 't .4 o ~ A 4 r ' ,~yi 'J'~+r SiA.. 'r" t- i 1 •i 1 'S a ~ ~ d 3i { F I~ f f ~ ~ + A Ky i i' * ~ 1` 7? e ffi ~r: u - 1+i7 ~'•~(~e dv' 1 ~k'' 11 1~ i~~r, t,~6 bZ I rr ~ ~ , tfi-ajJ ~di p" 'y c i r.'k ~A ~ } Iti. rS !g h'. iy'" AV t, ~ }1 } '[t'r r S ~ ~ ° '.'rt tly w , t, ; J'. r 1":1 } fir'•i r1 4, S ~}'1 '"'r fr i f ` i I f a i All ' ~ Y S r'r •x, .{'rs.l ~ ~~h xw s t S• ' }3 f + t ~r f 1k!. ►jP ~~r~n ' t1 C . a y'/ l d7,ry ,c' i } >yt` A 131' •d' .1 y r AT # T e~ f 1 1 tlyi r So k E y~Tl rt Si S y)e: a T r R1 ,r• 'S. 1 ~ x `1 ` A y Y,y ! Y a *"Fr SAIV ;4aN,ed , . a -f r / Y>.st 41 f 4' y7 k7 S •Y f i g ~P~1k i' k n F ~~r. rid" t. ~4'i r rR t"f 4 r l l ~rS{ '^'•c,lp 51. '4 • i rl 1, 'i. •I' I c S A S R 1 S A~ a' 1 J z S}~ w {k ~P y J 4 1 r7 + ; ~+y~ ~4 p1 •r, ➢ 1' " , 4 S r. ~ ~ ~ l ~ + r, , , tr,~qi lr • t h 1" 6 51 7 a P` a fit r~re '1.1'~CR7 ~1 s~~g~4~>r.S4 . yf'!~' ~ ~r-~lht Sal. c~~.~d.F «dM~ ~ i I OL y,~ ~,!ry'yf~.~,}4~1~ 1 t a ~7 r~~yq +k5 ~ r v.a. 4t Planning and Zoning Commission Recommendation to the City Council Z-1398 June 26, 1979 Identity: Z-1398 This is the petition of Mr. Carroll Goen requesting a change In zoning from Neighborhood Service (NS) to General Retail (GR) classification on .3 acre tract. Location: The site in this request is located at the southeast' corner of Kendolph and Eagle Drive. Recommendation: This tract Is zoned Neighborhood Serylce (NS) classification which is the most limited retail zone. The petitioner' seeks to develoMail car wash facility in this location and this use requires General GR) zoning classification. The tract is located in an area of mixed > and uses and zoningt NTSU dormitories are located _on the north side of Eagle and four residences are located on the west side,of.Kendolph. However, the tendency of properties east of Kendolph to Collieris fir retail development: a 7-11 store adjoins this site to the east and an undeveloped lot zoned Neighborhood Service adjoins this site ~ to the south. Gibson's warehouse and Gibson„ Discount Center are sited to the south of the property in this retuest. Given the existing permissibility for development of this tract for uses permitted in Neighborhood Service (NS) zoning--a bakery, florist, or convenience tore--the Planning Commission felt he requested General Retail (GR) zone would not result in a significant change to the way in which the property may be used. Therefore .the.Planning Commission concluded General Retail (GR).zonii:gg on this tract is an appropriate land use request. Utilities and streets are adequate to accomodate the proposed development of this property, i The Planning and Community Development Department staff expressed mixed feelings concerning this request. Of notices"sent to property owners J for the Planning Commission hearing, one was returned in favor and d one undecided, No one spoke in opposition to this request at the s Planning Commission hearing. The Planning and Zoning Commission unanimously recommended the City Council apf.rove zoning petition Z-1398, j , l I { i 1v' ~1ZILT44 K,f"', 1, ,.r r t eR{$:t 110.i" A 1♦Ak, iy r., t) MA -MIN ♦ 1 44, '9t,wti,+ ~j'~ r+ 1 Y 4 st r I! a 1116 19 F, f t t t j r p oll # ! '.emu •y. . + r I A r~ ~5 T1J '.~+.1 ~~~r~ 2. L16 FAGA Fly , # ~ `ifs + ~ r 1 - fs 'I ~1~r 1 F ` }F~ Q v 1 + I ~ Iw eJ ^ulr~ des r t -~1X ! I 1 r, f { `.ri y7~ I a' T. ~~r !r~(t„~FIa 1 .F f e. 04 a f ~r~ ~ Vs L F r.. FF '♦l',y ' ' t r ! J~ n }ti ~ 4~ 1'~:'• t~ : , 1 i 111. Y ~ r } Y NN~~~~ ~,'I'1 i~ T.1 i~.~~~' n 1f 1• aTw ,'`''Si. r1 ~1 ♦ ^t+at Ji t. N r Iwo a' VA, i I' y ~ 1 t Planning and Zoning Commission Recommendation to the City Council Z-1397- June 26, 1979 lderitity: Z-1397 This is the petition of Mr. Barry 4lachal requesting a change in zoning from Agricultural (A) to Single Family (SF-10) and (SF-7) classifica- tions on a 30 acre tract. Location: This property is located at the northeast corner of Westgate and Payne Drives. Background: The petitioner originally proposed Single Family (SP-7) classification j on the entire tract in this request, In response to surrounding pro- d perty owners seeking a better transition between adjoining land uses, ; the Planning Commission recommended and the.petitioner agreed'to a , f modification of.the request which would zone the northern 300" of the tract SF-10 and Vie remainder SF-1. Recommendation: The CoMpp,4ehensiVe Plan indicates this general area in northwest Denton i should be developed for single family residential used The proposed zoningg would permit develo nt'of a 30 acre tract for Single tinily (sr-18) and Single Family f SF-7) classifications. The northern 300' of the tract would be developed with 10,000 square feet lots and the remainder of the tract would be developed with 7,000 square feet lots, A'recently approved toning change south of the site in this petition 1 :involved l2 acres Of SF-10 toningg adfatent to•Greenway C1ub'Cstates -and 32 acres bf,SF'-7 zoning adjoi6ing this tract to the south, the 3 petitioner in that request is also the property owner;of this 30 acre } site, Approval of this zoning petition would result in a combined acreage of 74 acres for residential development. Most of the property in the vicinity of this site is zoned Agricultural i (A) and is 'currently undeveloped. The uestgate',Park Addition, which ' begins a pproximately 9001 north of the site in'thi5 r'eque;t an;the west side f Nestgate brive, is toned SF-16. ' It is the Planning Commission topinion that the transition between existing land uses, provided by petitioners request, will ensure that approver of this petition will generate no negative impact to property owners in the Westgate Park Addition. 1 i r F, 2 i Public facilities are considered adequate to support the proposed land use. This tract will have immediate access to Payne Drive which, in the vicinity of this petition, will be Amproved as a part of this + development, It is likely '.he development will eventually have direct access to I-35 and Universit,, Drive. Hater and sewer -arvice'can be a extended to serve this property and there Is adequate capacity in the lines. The Planning and Community Development Department recommended approval of this modified petition,Z-1347. Of notice's sent to property owners for the Planning Commission hearing--before the petition was modified-.- none were returned in favor and four in opposition to the request. No one spoke in opposition at the Planning Commission hearing. The Planning and Zoning Commission unanimously recommended tke City. Council approve zoning petition Z-1397. it j i I i I ~I .i AwiCULTURAL 70 SF' » 7 , YNF DP Z- 1397 I , 1tR~~~~ i 4 rr 1 M Planning and Zoning Commission Recommendation to the City Council Z-1402 June 26, 1979 Identity: Z-1402 This is the petition of Calusa Development, Inc. requestin a change in zoning from Agricultural (A) to Planned Develo oient (PD? classifi- cation for garden apartments, duplexes, and zero ?ot line residential use on approximately seven acres. Location: I This tract is located on the south side of 1.35E approximately 650' east of State School Road, and is a portion of a former mobile home park. Recommendation: Calusa Development Incorporated has purchased a large tract zoned Planned Development (PD) located on the south side of 1-35, east of State School Road, PD zoning, a flexible zoning classifiettion, was approved in 1972 for a variety of land uses Including retail and commercial services along the Interstate and State School Road frontages, as well as apartments, townhouses, and single family residences on the interior_of.this tract, A former mobile home park--extending deep into ti the interior of,this tract--has also been purchased by the developer, although it was not a part of the original development plan. The- mobile home park was annexed into the city limits as Agricultural (A), and its zoning must be changed to PD to permit development to occur on the first phase of this project. The site in this request is that portion of the former mobile home park for which the developer has indicated development plans, and which must be rezoned to PD. This area is pro posed for a combination j of zero lot line, duplex;Andpuisopinaln and multi family residential uses (see vicinity site plan). in comrisotheicinity of thapprovedpdevelo development plan imariipy apartment shows a much more dense , propo sine tr ract. and S" commercial uses in this The Planning Commission feels the proposal for this variety.of rest dential uses is well within the philosophy of the original Planned Development. Utilities and streets are adequate for extension to serve this overall envelopment, E The Planning and Community Development Department recommended approval of this request. Of mottoes sent to property owners for the Planning Commission hearing, node Wo-e returned either, in favor or in opposi- tion to this ppetition, No one spoke in opposition to this request at f the Planning Commission hearing, ? The Planning and Zoning Commission unanimously recommended the City E Council approve zoning petition 2.14020 I 1 'I R, curr ow ~ tR16N~ox n ~ sir- ~ f 40 r I jj r ' E } i r rr-. i I i 6A.e",V AMrMlA/rS 'Ai,~RrmcNrt ~ j G DAM MAt rMtM'f in IIOi 1GIpi 416b use" an #I M 1WWo mu thike 0 a" W Od Ml INU 1M MW ON A O,JMA i ~A7 _ I t,At. xr 1 • 1 • 'bull IIAMM • ' ~ N~tN ~o=rP~A~n teaN . iii w rs^^u . t _ Planning and Zoning Commission Recommendation to the City Council r' Z-1393' June 26, 1979 Identity: Z-1393 This is the petition of Mr. Torn Jester requesting a change in zoning from Agricultural (A) to Light Industrial (LI) classification on op- proximately eight acres, location; This tract is located on the northwest corner of East McKinney and Mayhill Road. Recommendation: A The corridor between loop 288 and Mayhill Road is clearly developing 4 into one of the city's major industrial sectors and it is appbrent this trend will continue. The tract in this request is located in in y E area where several recent zoning,change.s`have occurred, primarily to Light Industrial(LI) zoning cla-ssification., Aolarge industrially , zoned tract (117 acres) was rice r~tly.apprbved 'on the southwest corner of East McKinney and Mayhili, Rba'd and initial development i.s'undcrway. Another industrial zoning request for sii acees.located to ths'Wast of this site Was approved in Decemblr. Dr. Pepper and Prito Lity Industrial uses are currently located dust outsidd the`City limits on the east side of Mayhill'Roads 'opposite the 'site in this requests I Regarding public facilities, water and sewer services are accessible for extension to serve.this site. Street impprovement; to Mayhill h Road will be required as a part of theplatting process, 'Given surrounding land uses and exist in zoning for industrial uses,, I the Planning and Community Development Department recnm*nde approval of this request. Of notices sent to property'owners for the planning Commiission hearing, one was returned iq favor 'and two undecided, ' Several questions by property owners did inquire into the petitioner's proposed land uso) and the resulting traffic. Tho Plenring and Zoning Commission unanimously recommended the City j Council approve zoning petition Z-1393. j f 4 0 I ~ I 4Y, Y ~ ~ t^ ' y p:rt yA +k, v: ~'d r_y ; 3 ~ I A yq n S rt ffff !d A< T,~;L~f}j y~•~; tl ` t~+ ~ I A ~ . j ~e •~+,r ~ v i wS~IM- , , ~ 1 is t {a tY'y/ F~ ~t ^ t.Y ,,1, 1 I S' w1 ti s MIl' ~ tlr e y M• a t,` ~ 6 M S . l~lr ~I' ~ ~Ft1uF1~' ~ «6Ady i QPPP` !I'~~ ~{!1 ~ ✓ b f , K._ ^f Ty" y~ n^ to A "1~ i ~ `t ` .,..awl iI 1.R i r 'tIY ~ ' I sQ ^r~ 1,1 Yss"'~4'~My~ja.'~1k~~F k~`ir`~ Y; jl' ~ I r•~r l1 , + T 4` :tT i~°j ~ y ~n"t"~~~• x' I ~t , +F, ~ y~.+~'~ ! r,~.} `r frle~i4 4~►<~•~~rlyfr'~ 14 ~il" , 6# j 8. •,w~i4vRii ' ~J .i^~"►Wy t ~ 1 ! ,}y ,Y f,. } F. OA 4 I ` r u > ` ~ n r ~ A`r f'A tt. L l .Y~ .~Y, ~ 1 ~ [~L , ,1 1 I , 4.rn~! ,i CH.'S t^tk if!? it tot r1^ l ~ . WA 't a a ) cull 41f I ~ + ' 1. ! , I ~t Tk fop , 4- 1 r Y fi 7 k' It rirv of Denton Memorandum , June 26, 1979 AGENDA ITEM: i Z-1384, consider final action on Dr. Halter S. Miller's request for a change in zoning from Single Family (SF-7) to Office (0) classification at 2280 West Oak. SUMMARY: The Planning Commission considered this petition as submitted, and also held two public hearings to determine the public sentiment for a zoning ` Ordinance amendment which would permit office use, by specific use permit, in residential :ones. After serious deliberation, the Planning Commission concluded such an amendment to the Zoning Ordinance would not be in the best interests of the Cityy and sent a minute order. outlining this 3u~igment to the,Counci.l, 1t was also the Planning Commission recommendation that the zoning petition, as submitted, be approved. The City Council received this information at its, June 6 meeting, The staff is placing Dr. Miller's M ' toning petition back on the agenda for final action at this time, g E ALTERNATIVES: j a)`,The City Council may approve the zoning petition. r j f b) The City Council may deny the zoning petition, c) The City Council may table the zoning petition , i RECOMMENDATIOLt The Planning and Zoning Commission recommended the City Council approve zoning petition Z-1384. The vote was 4-2, the staff did not support the zoning petition. Lill j ACTION REQUIRED: i The City Council should move to approve zoning petition Z-1384. { E NX IB1TS-s 61 Pll b Paanning Commission recommendation c Vicinity Map 1 I 1 a I PLANNING AND ZONING COMMISSION RECOMMENDATION TO THE CITY COUNCIL Z-1304 JUNE 26, 1979 IDENTITY: Z-1364 This is the petition of Dr. Walter S. Miller requesting a ch;,nge in zoning from Single Family (SF-7) to Office (0) classification at 2280 W. Oak. i LOCATION: The site in this request is located on the north side of West Oak Street, between Bonnie Brae and Thomas Streets. RECOMMENDATION: The petitioner seeks this zohing change in order to permit the operation j of a doctor's office in this location on a part-time basis. The proposed zoning change is the only zoning option available to him which would per- mit this operation. l The Planning Commission recommended approval of this petition for Office 1 (0) zoning suggesting that !.he limited doctor's office proposed for this location would not cause significant negative impacts to surrounding prop- I erty owners. While the property in this request is currently zoned Single j Family (SF-7), a variety of land uses exist in this vicinity, Apartments are located along Thomas Street, two lots east of the site in this peti- tion, as well as on the south side of Oak. Retail zoning and development also exist at the Bonnie Brae - Oak intersection, to the west of this site. Consequently, the Planning Commission felt the effect of this change to surrounding property owners would be limited, { The Planning and Community Development Deppartment did not support the j requested zoning petition as submitted. Of notices sent to property owners I _ for the Planning Commission hearing, seven were returned in favor and none in opposition to this request. Several persons spoke in favor of this request at the Planning Commission hearing. Two persons expressed reser- vations about the rezoning because Office (0) zoning on this 1.2 acre tract would permit uses other than those proposed such as a large scale office or apartment development. The Planning and Zoning Commission recommended the City Council approve zoning petition Z-1384. The vote was 4 - 2. {{i , i =*y.* ~'3 . "~„r a .n v. ( ~I' t ,k' k r tl ~r{+~. i~ 7l. ¢~i ~ J •a4+Y. 4~.. . . $CRI T!1 r ' 'y k' ~ 1 1 R8 ff ~ r . I r• ~ ~ 3 e ~ b. w h .r. _ r a' i i tYa _ i Y 1 i ~ n'k a / • t Ja'{; w~ is + 5 a s ~~'~~~t 'fw~`~.w ~ ".S_ F ,t x-•~ ~~ka ~°'s y . t t~ +f l L.lc n t{f ` .w; fh r ,1• ~yi`( u' a i,,'y j. ~j +,Ll tit 1~~~'NF a 1 ~:r IJ ~ r r .t ;1'~ ~i 4~.. 1 tie ~D y ~ •4 j + ^ r~ { 1 !h # +K- M1w at. , 6 f~"A'+Jia yF,J {1.- +J[ .J~. ~ + ~ Ii.~ t $~~j ' ,j w y 1 HOUSTQNl,^~ f'1'jyy v.~1~yR if if rq f .17r.. t~ ~~.~yp y y.,.r'N+.~.. ,i 1u1- k i~• ,+r w' ~k. Sic ~'F F v + St ,~yw xi+ `.:1h P TLf" .0 446 4a e 1 l .}k~ 1 r f i y J,/' .S t. 'f 1 °e a ' w A Z. yif r Ry~~• ' + , . r, } ` y A 21 •~!e°' iti ' ELM 4' + ~ ` ^ ~ .rPfa ku' r; +j`~ ~ , 'lye 1„F~ ~ ~~'~3 i, • w •y er.+Y a'~ ~ .,Yy,.., r . w C "OR`, HI ~e r r4 Lila f . fpr. ~aderR` Y 7 w .fit " is A 1 i 1 1 PARKS AND RECREATION DEPARTMENT CITY OF DENTONi TEXAS 1975 BOND ISSUE UPDATE i i I ` i I owl i 1975 BOND ISSUE UPDATE The 1975 Bond issue is in the final stages of completion. The Parks and Recreation Board and Departmental sta«f recommend- ed a program of systematic completion of the different facilities, that would enable the recreational and leisure programs to develop in a manner that would not place the total maintenance, super- visional, and operational cost in any one Budget year, as well as allowing participation programs to meet their facility needs. The Federal Grant that was granted in 1977 to the City of Denton outlined a project by project :llecation of funds and the approval and disapproval of certain types of facilities. It was not one of total approval of outdoor recreational facilities that were included in the 1975 Bond Issue. This Federal funded Grant enables the City to construct some f of the facilities that are outlined in the 1975 Bond Issue. In a course of four years, inflation played 'a major role in the cost over-run in several areas. in the planning stages of the 1975 Bond Issue, support facilities were not given an adequate project- od costs services such as irrigation systems, sower and water linos, parking lots, and restroome, Also, construction cost of materials for the three Recreation Contort were granted. In 1978 the Department wrote a twd year Grant Proposal that incorporated the other outdoor facilities that were included in the 1975 Bond Issue, and that was not ap,roved in the first Grant for the 501 matching funds. It is the City of Denton's understanding that the Texas Parks and Wildlife Department, which arc reviewing these projects are mooting at the prasont times and within thirty days we should know the result of their recommendation for funding. The pgnding facilities for Youth Baseball and Youth Softball are included in this f project, which will then make the 1975 bond ; Issue a 1001 complete project as presented to the voters, 1 With the completion of all projeeta, the Denton Parks and Roe- reation Department facilities will be some of the finest basic fao-0 ilities in the North Texas Region, 'rho Parks and Recreation Board and Staff has cow-inued to meet with the Parks and Racroation special interest and support groups to involve them in designs and planning recommendation., that worn 1 presented to the City Council for adoption and approval, {tI In the course of four years, soma program participation has ! { inoreaeod whereas, other programs have maintained a level growth ttt factor. It was not the intention of the 1975 Bond Issue to fund the S future needs of recreational programs, it was intended to faoili- i tato the present needs of recreation programs, As growth took place j 1 it .,s„ in the programs and the special needs for more facilities in some 1 programs were required, then special request would, be received and recommendation by the Board to the City Council would be pre- sent. i i F I , i j , i a ~w UNIT INVENTORY f PROPOSED f COMPLETED I UNDER f WITH TYPLS I in 1915 IN BOND ISSUE 6112 CONSTRUCTION g PENDING NEW GNO TOTAL Water/Sewar/Electrical All Perks Exception of Evers Oaltted Rest raome/Conce Mons 4 6 Omitted 2 at 4 l 9 I.Soutbridge 6 4,000,•Tenni Denis oneeesion Road/Parking Lot 4 1 1 eetroome • ll Tennis Courts 4 14 14 11 resurfaced 4 resurfaced 4 Multi-Purpose Courts 3 4 4 - 1 ru urfaced 2 resurfaced 2 r multi-Purpose Fields {Football/sacter/ 3 6 4 3 - 10 Tootball(with School) 1 I 1 . Strickland Strickland - baseball 7 S 3 relightad Pony Losluo- Dustwark 3 1150000, 1g Bronco Softball Evere complete f2 Softball 5 6 3 _ 2 + 11 Evers 12 (when 5a a bell L.Ls completed field will $4 reassigned to 2 2 youth So[tbol pavilions - 1 9 !Playground lduipment 6 1 3 1 - 10 Reerastien Centre 1 3 3 ` r E i 4 7 sr. Ct:ea's :aar;r 'iri's i.acafes ?ar3:.i~. Wya:,,uz+r. an.rl,~evCuaa and huil3z3g .-7st. 3niZf:.s-z 114rki-sg Lot f iecreatici °:eater's nit includes tat t'r~ kesrtati%~a Ctxtet* a».3 th.e architectural fees fez e1cID C*ntet. j i 'Baseball hive fields and the relightim3 of aroxro fltld was proposed. I-Vatsity field (Mae% farki 1978) 8roa.co field relighting (1478) 1-PeetWe* field fields t IE~ilE St BjjBYAj' Grkht +2-Pony League fields %One Pony League field was proposed but two Pony 1,04440 'fields were built because it was felt that it womid %,o more feasible to locate tha two Pony League flelda i(%* gether. Therefore# the Evers 12 Pony Longue field wan turned over for Softball uso• thus reducing that programs field needs. ;A In the beginning of the Bond Program$ the imrrovemont of the existing baseball fields were mado.(4 backatora ar.d dugout at Evers Park 03,4,5ji b 1 Also, other lm• ' provoments were made. Only three Little League fialds# one of which (a It M remaining to be completed. Estimated cost - $50#000. s I I rr., i Mq~ , i { .2.. j • f BOND ISSUE PROPOSAL SPENT $2000000, ' Softball Four adult fields (one 8 Fred Hoors) and two youth t ;fields were proposed. As of this dates the adult ; fields are committed at this time. f The two youth fields are apart of the Grant that is Ihending. The Parks i Recreation Board reviewed all ot the facilities an,. feel that t),e completion of the three Little League: fields will allow for the two j present fields to be used in the Youth Softball Pro- gram. I ~ ~ $29103.3. , TOTAL. EXPENDITURES FOR BASEBAIL/SOFTBALL i j I I ' y . E f { 1 I 'I . i -3- BOND ISSUE PROPOSAL SPENT I $160*000- ' Tennis Facilities 351000. Multi-Purpose Courts $195 000. $257,439.t r j i i 14 Tennis Courts 4 Multi-Purpose Courts 2 Courts(Fred Moore-Light Replacement) 2 C,ourts(Shultz-Resurfaced) 2 Coprts(Civic Center-Resurfaced) 6 Courts(To be lighted) 4 Multi-Purpose Courts 2 Tennis Courtsl l Multipurpose Court Dania 2 Tennis Courtsl 1 Multi-Purposo'Court Mack 2 Tennis Courtsl 1 Multi-Pufi+ose Court j Fred Moore 2 Multi-Purpose Courts' Civic Center 2 Tennis Courts j E Shultz 2 Tennis Courts i I North 'Lake 8 Tennis Courtsl I Multi-Purpose Court 'i TOTALS 14 Tennis Courts 4 Resurfaced Courts { 4 New Multi-Purpose Courts 2 Resurfaced Multi-Purpose Courts y I 1 i a r v. r • tr'•ia~p ; .4- BOND ISSUE PROPOSAL SPENT k I Soccer/Football $ 20,000. $ 250196,E There was not' a number of fields called out in the Bond issue regarding these areas. The Parks & Rec- reation Board recommended that these fields be loc- ated at different parks0 E 2 Soccer fields (Denia Park) I Soccer field (Southridge Park) 1 Soccer/Football field (Mack Park) } I 3 Soccer Fields (North Lake Park) (One to be'on the outfield of the Pony League field in order to use the lights.) 1 Football field (Strickland Jr. Nigh) (Resodded and sprinkler systems installed.) The three soccer fields at North Lake Park are under construction at this time. Estimated cost - $6,000.00 Completion date - Jssly 30, 1979 General Park Improvements This Includes Restrooms $110,000. $1100508, f ! Multi-Purpose Courts (included in Tennis) 25,000. Sprinkler tystems 60,000. 32,615: Parking Lots 1000000. 196,5034 r Water/Sewer/Eloctrical 14600006 11512481 Playground Equipment 601000. 42,614; Pavilion/Picnic pacilities 200000. 280672; I Site C Landscaping 500000. 390399.: Civic Center Re- modeling 500090. 58,646: Cemetery Fencing 50000. 10104: Carroll Blvd./walkway 250000. 16,571{ swimming Pool 50000. 509951 General Park improvements 350000. 300.078, $1060000. $67709534 { BOND ISSUE i PROPOSAL SPENT Architects & Engineers $ 60,000. $ 420068 e The fees for the Sr. Citizen's Center and the Rec- reation Centers Were included in the total cost of the centers. a The restroom designs and outdoor facility engin- eering and design cost are included in this account. { i Contingencies $ 550500. S 4,214 This balance can be transfered to other coat over- runs. i Interest • $123o713. Nab recommended to be used fo_ the Center over-runs. TOTAT. 1 , .Y '$202000000. $2t309191~ . I~ ' z i qrq 71 JI • 1 PENDING CONSTRUCTION TENNIS Light poles and fixtures are in inventory for six (b) courts at North Lake Park. The Electrical Department's assistance is needed to install this equipment. The walkway is to be done by the Parks & Recreation Depart- ment employees. This needs to be done at the same time that the building is completed. If the building is not approved j then this work could be paced on a department work sheet for installation. : BASEBALL Three (3) fields are pending - A grant was written to assist \ in the 'construction of this project, Approval has not been made to the city of Denton from the Texas Parke & Wildlife Department. Some $15,000.00 in funds will be needed to match { the force account labor and equipment in order to complete this project upon dpproval by the Texas Parks 6 Wildlife Department. E i SOFTBALL, Two (2) youth Softball fields are pending in the proposal Grant. It is-also the recommendation of the Parks & Recreation staff and Board that upon completion of the three (3) youth Baseball fields, location of the youth league at the, new field, the Dania 11 and Evers Al fields would be remodeled and be used for the youth Girl's Softball Program r PLAYGROUND EQUIPMENT The North Lake Park playground facilities at the pine tree are not completed to date. The installation of this equipment is required to complete this projoctl the equipment is in invent- ory. Unavailable manpower has kept this project from being com- pletedl a total of throe week is required for the project., j { «2- i E DRINKING FOUNTAINS The North Lake Park fountains are also pending. 4 fountains - Tennis Center, Baseball field 2 fountains - Playground area LANDSCAPING This is incomplete because the Recreation Centers are { now being completed and the other facilities at North Lake f are in the final stages of completion. Treea and shrubs will not be planted until November because-of the climate conditions, All funds are presently available. i ~ E i r i J r , i ti i .ti ~71Wra~ • 1 ~ PAM AND RECREATION A I . Il11E , About the Bonds.., 1. SENIOR CITIZENS CENTER: A facifiy to provide and expand Senior Citizen service $100,000.00 1 2. BASEBALL FACILITIES: • Construct new facilities, ' improve and relight existing fields ....................;220,000.00 r 3. SOFTBALL FACILITIES: Consh, d new fociWtes and light existing fields $200,000.00 4• TENNIS FACILITIES: Improve existing courts, construct a s?x courts complex end odd courts to neighborhood parks $160,000,00 S. RECREATION CENTERS: To construct two recreation M centers with gym to develop a neighborhood recreation j program and would serve to meet individual recreation j and athletic involvement $600,000.00 i 6. PARK IMPROVEMENTS: These Improvements are to upgrade the ppresent Parks and Recreation facilities. o. Civic Center floor end ceiling b• Rest room In neighborhood parks f c. Upgrade children playgrounds/Tot Lots d. Parking lots in major pork area e. Sewer and water lines in parks f f. Picnic and pavilions In major pork ! areas 1 g. Londsco,Anq and site preparation in !I pares to h. Multipurpose courts In neighborhood par I. Walkway/trails In populated area t Cemetery fencing $500,000.00 t y To minimize cost of development, existing porFs and recreation lands will be used. These bond funds ore to be used to upgrade the present Park f and Recreation focilities. TOTAL REQUIREMENTS $1,800,000.00 l' l ;l QUESTIONS AND ANSWERS Better parks and recreation facilities in this city will CONCERNING THE BOND ISSUE make Denton much more attractive to new citiFens. Furthermore, a lot of money could be brought Into DENTON PARKS 1. Is this the best time to have a bond issue election? our local economy if we could hold tournaments and other events. Other cities the size fo Denton in the AND RECREATION Absolutely. We need to do our long term planning metroplex have had these facilities for years, Denton during years of decline so we can pay for improve- has become the laughing-stock in this area becau;e of ments during more prosperous years. Remember, it its poor facilities. ~ lakes a long time to prepare ball parks and build facilities. The additional taxes to pay off the bonds 4. What can these fact t, K do for Denton? Ir IJ will not become due until 1977, No tax increase in 1976. Furthermore, the longer we wait the more these In addition to providing needed improvements for =BO ISSU L' ` t Improvements will cost. It will cost us money to wait; the various groups and individuals in Danton, this we will save money if we start now. We have faith in bond Issue can do a lot more for us. We ran develop the American system and believe that our economic programs to keep our young people involved and off ! pictyra will improve, It simply makes sense to act the streets. We would rather build gyms and ball ;a j nowl parks than Jails. We can create a place for families toF socialize and play together. The expanded parks will 2, How much will this bond issue cost the taxpayer? 1 provide more picnic facilities. The indoor recreation 1 c_ centers will be open all year - regardless of the The cost to the average home owner in Denton will weather. All of these services can contribute to the ~ouR be around $1.07 per month. This assumes that all the quality of life in Denton. j bonds will be sold at once (which Is likely) and that Denton will not experience any grovnh (which isun• One more thing. Its a matter of pride, We need to likely), A number of the elderly on fxed inccmes will Instill a sense of pride in our city. The voices of only be paying in the neighborhood of 60¢ to 80e negativism have been heard around here for too long., per month. That's hardly a tax burden. No one likes "The old-timers" and "newcomers" need to join r c to pay higher taxes but one should carefully separate hands with the rest of us In order to make Denton the emotional issue from the actual cost per family even a better place to live, work and play. r for this proposal. The increase in services for young A jf and old alike will, in a number of cases, more than S. What can you do to help? r ~.V 1 pay for the additional taxes. Those people who claim ,1l~{' that the bond issue will cost too much simply have You need to talk to all of your friends and neigh- not considered the facts. Denton needs to think bore and tell them that you are supporting the bondi , Y positive. Issue, If you think this proposal has merit, then you need to convince your friends. We may never have s f 3. Why does Denton need these facilities? another opportunity to vote on a bond issue where parks and recreation is the only question. We must Damon's parks and recreational facilities are simply plan for the future and pass this one - there may not ; •s' - s r~~ inadequate for the needs of its 41,000 citizens. We be another chance In years. ` Ir If had 15 baseball diamonds in 1950; we now have 11. Y We don't hove basketball courts, or enough tennis The most Important thing for you to do Is vote one` } I courts, or senior citizen facilities. We have reached then October 7 at the Civic Center. You cannot leave it up 4 raj , j•x •r. i • point of having to turn away kids from organized to anyone else. A fat of your friends in Denton have Note ~ sports. We have experienced too much social conflict been working hard to make this bond issue possible. `j j r g~1 In town because of a shortage in facilities and our They have nothing to gain financlatly or politically. youth crime rate is too Nigh. More people would Now it is up to the rest of the people in town to Nr +s tether stay at home and participate in activities with stand up and be counted, Tu esday, Odder their families and friends, More young girls and , 70 women want to Join teams and parflelpate in sports If you would like to contribute to the campaign in encl recreation activities. Some of these changes in any way please call Ronnie Roberts at 387.2808, our way of life are certainly healthy and we should Don Beek at 3829060 or Bob Berg at 3q2-0202, Civic Center encourage families to spend time together. A NOTE TO DENTON VOTERS: Softball. The existing fields will be improved and 4 nevr regulation (lighted) fields and 2 youth fields Wo hope you will weigh very carefully the merits of Ilighted) will be constructed. We've had a tremendous " 154fA9' CAN YOU BUN' this bord issue and will vote in the best interests of growth in the number of softball teams but no place your community as well as yourself. This proposal to play. Around 70 adult teens attempted to play on F'Oli $1,07 Fe it 1I0\'11fl has tetn designed to provide for the needs of all our two diamonds last summer - and one of those was citizens - old as well as young, othlet^s as Yell as in the neighborhood Fred Moord Park. non athletes, parks as well as recreation enthusiasts. ($200,000) 6 Cups of coffee? This bond issue reflects the needs of various Interest 2 Packages of cigarettes? Groups and the general ublic as well, You may Tennis. 4 existing courts will be reconditioned and P Y,rfer 3 cans of.dog food? Certain parts more than others. Just remember that 14 additional courts will be constructed. & of the 2 Gallons of' asT the tried to respond to the needs of a lot of different courts will be lighted. Although there has been a 9 peob:e. The City Parks and Recreation Board and the national surge of interest in tennis it is almost Sm. City Council have given their unanamous approval. possible to play In Denton - a city with a population OR A 1.8 MILLION BONI) ISSUE Now the decision is up to you. of 41,000. ($160,000) f OR PARKS AND RECREATION Denton Parks and Recreation Support Group Mrs. Ronnie Roberts, Treasurer Soccer/football, New fields will be developed and SO: old fields Improved. These sports have never had proper facilities In Denton in spite of the number of people involved In them. Tho soccer program turned May kids last summer because they have only one field. a ?film? C,%N YOU IIUy BREAKDOWN OF PROPOSED BOND ISSUE ($20'000) !'Oft $1,07 t'F.It MONi'TH? Senior Citizens Center. This center wilt provide for Two Recreation Centers. These centers will be used to the social and recreational needs of our senior eiti• develop a neighborhood recreation program including zeas. In addition to exercise and recreational facilities such activities as basketball, volleyball, handball, 6 BASEBALL FIELDS and meeting rooms (with a kitchen(, the center will square dancing, and many other Indoor sports. Also, 6 SOFTBALL FIELDS offer various services for the elderly. This center was they will serve as neighborhood gathering areas for 14 TENNIS COURTS requested by a large number of senior citizens in social and family evens. Almost every city the size Denton, SOCCER/ FOOTBALL FIELDS of Denton in the metroplex has one and most of SENIOR CITIZEN CENTER TER tS100,000) them have two or three such centers. GENERAL PARK IMPROVEMENTS ($600,0001 Baseball, included will be a new Varsity Field, re light. General tmprcvements. Rest rooms In neighborhood i Ing of Bronco Field, 3 Little League Fields (includes parks; cower line to new facilities; playground equip Peet.ee) 1 Pony League Field as well as the improve. merlVfot Lou; parking lot/road improvements; site WHAT A BARGAIN! mans of existing facilities. These diamonds are absa preparation and fandscaping; pavilions/plolcfacilities; Gstely esstmtial for our baseball program. The young multipurpose basketball courts (outdoor); walkways i est bogs ri play on diamonds which are a serious and logging tracks; remodeling the floor and roof of nealth hazard. Civic Center; and fencing of Fred Moore Cemetery. ($500,000) ' Cost for average homeowner in Damon. ($220,000) TOTAL $1,800,000 rd. Pat. Adr., Paid for by P44% a RpotAr on Bona . Supporwrf - Mrs, Amols Aabons, Tidaueer-I'Ahied by M a M PrfnPns Co., Denton, Texas I i . i CITY of DENTON, TEXAS MUNIMAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 382.9601 • -H E M. 0- TOs City Council FROM: Parks 6 Recreation Department DATES May 31, 1979 SUBJECT: Tennis Building 1 Bid 4 8668 ,"Item M5, City Council Agenda The Parks 6 Recreation Board reviewed the bids that were received on the Tennis Center structure and felt that the bid of Miller Construction Company is a good bid and 1 met all specifications. The Board reviewed the finances of the structure. The 1975 Bond issue does not have funds available for the structure, The Board recommends that new funds be made available to fin- ance the project in the amount of $34,023.00. It is the concern that there is not, a Tennis Structure that is . of.adequato size constructed at this timo, the in- vestment that was made in building the nine courts would be neutralized i,.C its program development potential will not be met and the participants would not be receiving a quality of experience in their involvement in the Tennis Program that is offered by the City of Denton, Parke 9 Recreation Depart- ment. , Votol For - Pat Cheek, Don Bailey, Clyde Wright Against 0 € Absent » Joe Teaff, Leonard Logan, 8r. 'Pat Cheek, Chairperson PARKS AND RECREATION DEPARTMENT / 817.387.6146 D TEXAS 76201 / TELEPHONE (817) 382.9601 CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, -M E M 0- TOi ~Ity Manager FROM: Parks 6 Recreation Board ? { I4 DATEt May 29, 1919 1 SUBJECTS Tennis Facilities 1975 Parks S Recreation Bond Issue The Parks 6 Recreation Bond Program of 1975 out- j lines improvement in the Tennis facilities. Ths- Proposal outlined the construction of neighbor- ' hood courts, 1-6 court complex and improvement of existing courts. +i } ~ Total account proposed was $150,000.00. Total of 14 courts in all, i The Bond issue did not make provisions for the Pro Shop. As matching funds became avthetblo r' for Parks improvement, we were hoping fands wquld be available to construct a.Pro Shop f.`.om balances from the other projects as they were f I completed, although, this was not the case, The discussion to table the construction of the Prc t shop was due to fund unavailability in the 1975 Bond Issue. Tho Parks 6 Recreation Board strongly l fools that a Pro Shop is needed to complete the Tennis factlitios. The lighting' of these courts were intended to be constructed in conjunction with the Tennis Building. The lights and poles are in r inventory. 4 Attached is the irformation that was given to the citizens at the time of the Bond Elections PARKS AND RECREAVON DEPARTMENT / 817.3976146 t 1 i i CITY of DENTON, TEXAS MUNICIPAL BUJOING / DENTON, TEXAS 76201 / TELEPHONE (817) 382.9601 May 31, 1979 A a SUBJECTi Prograie Devolopment and Supervision i from March 15 to May 31 the following attendance report out- lines the participation at the North Lake Tennis Courts Reservations - 714 people Leagues (3) - 50 people Private Lessons - 200.(N hour lesson) 1 Group Lessons - 80 people • • I f ~ These figures of participation and hours of ~ases.of the Korth Lake Rennie Courts would be 3 times this'figuro if the improve- wants were completed and a full service facility was constructed, FACILITIES CONSTRUCTLON The reasons for delay in the construction of the walkways and } the lighting was an administrative decision, that when th6 Tennis center building was constructed then the other related worx would be done at the same time. BENEFITS 1. Promote grans roots instruction. 2. strengthen suburban and inner city tennis. 3# incorporate outstanding recreational tennis programs with tournament involvement with other cities. Those bring in additional mahica from outside sourpos. 4. Act as a resource center and "rally point" for all tennis programs throughout the city to assist the citizens of Denton in becoming involved in a full tennis experience. i 5, Tennis is one of the life time sport activities, A 6. The Tennis Center building will d11ow for Increase in fees i charges $income to the City of u6nton. j d PARKS AND RECREATION DEPARTMENT / 811.381.6146 I FEES/CHARGES - INCOME TO THE. CITY OF D£NTON 1. 201 of all educational lessons (Group and Private) 2. 100% of all light fees and court rentals. ; 3. 1001 of all gate receipts (if charged) for tournaments. 4. Contract to be doveloped:for merchandising at center and concosaion income. SUPERVISIOR OF THE CENTER This would be the present Tennis Supervisor. Other staff would { be tha contracted staff as set forth in the 801 of edtcational programs income (item #1). ; t j t i II t t ' 1 y / f f` 9uq.wgp i t, . . . .i.• a.• ••.••r~.rr~.l.••r.,.w,• ~•rr•+.,~..w••.r..r.~,+w•..+w.~..+r•nw.r / i , • ~.rr~..• d ' 4 Ye CAL lARRMG! bl w+ ' . • + i , ~ . t , ~ , • rid ~ ' ( ~ 1 ~1NAGC! • 6 M.i Qf rte. ~.if $PAW ARZ '.Lr rr f I I ~ 1 i CITY of DENTON, TEXAS MUNICIVAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE f8171382.9601 May 31, 1979 , . SUBJECTt Alternative for not funding the construction of the Tennis Center Building ti f 1. Rental or purchase of the Portable Building. s The continuation of renting or the purchase for the use t of a supervisional, reservation,-and registration office C at a cost of $120.00 per month for an 8' X 24' Building. The Department has the building rented for a 3 month per k iod to provide some type of summ6r assistance structure for the Tennis Facility. 'A structure of this type does not have restroom £acilitios. B' X 24' Building Mental for 1 year - $1,800.00 Purchase 'Cost - (1 yr, warranty) $30264.00 2. Did the operation and construction of a facility to a commercial enterprise. The City would contract with the company for operational supervision and the program itself. This would entail a long term contraetural agreement. ` 3. Recreation Canter utilization as the central control for j 1 the Tennis Courts. i This would mean that space allocation would be Required for the central office area. The building hours would have to be entended. I Present Summer Hourst Monday, Wednesday, Saturday - gam-6pm I Tuesday, Thursday, Friday - 9&m-10pm Closadi After 6pm Monday, Wednesday, Saturdeyl All Day Sunday; . f PARKS AND RECREATION DEPARTMENT / $17.3676146 d t 'I r i "s" f i SGMHARY i =f an alternative is directly recommended by the Cit it is th the Parks & to rent a n Recreation Department staff recommeYndatCoufon e building to ho development oofatho Tennis Programuse•and ab'pervise the program 1 ALSO, to extend the Recreation Center v ± room and concession use, hours to silos for rest- j ~ f , 11 r r 1 1 ~ t f I . K n M 0 1 em ~ yyu u Y~ tg 1II 1 • . d 418n4 RI ~ ~ p?, ~u ~ H ~ '.~i RI ~ ~ ..1 1 C. ti N gFg,~ ~y~ SO WO AMP i No. Days 160 Total Base bid Item 140. 1 nit "A" $326330.00 27,627,00 j U N. LAk Park Item No. 2 x „ Unit 11A" 32,330.00 27,621.00 g - N. Rack Park Item No. 3 Q$ a 'g m . g °c 6.ilLtck"Park 9 32,300.00 27,627.00 1}}}14 01 Item No. 4 C; Unit "A" 32,330.00 27,627.00 y Fred Hoore Pk C6 Item No, s Unit "A° 37000,00 34,023.00 H, Lnkes Alt. No. 1 T.lectt•Ic 900.00 900.00 V' ~ tt i 31 Hid Bond Yes Yes i.U Aeeb. ADD. #1 Yi:s Yes TABULATIONS M, low Total - Items 1 - 4 129,320.00 110,50{.00 Total - Items My. 1 - S 1660320.00 1449S31.00 H.Ir Total - Items _b 1 - S Plus 2670220.00 1456431.00 A A1+ I ' A . wa E .,..y CITY Or DENTON ' MEMORANDUM DATE OF MEETINGS JU11E 76, 199 CITY COUNCIL AGENDA ITEM (USE EXACT WORDING AS ITEM IS TO BE PLACED ON AGENDA)s Consider reviewing location of sidewalk on Amherst and/or deletion of this walk from the sidewalk contract. SUMMARYt The Council asked the Staff to review whether the Amherst walk should be 'deleted from the sidewalk contract., The Staff and Traffic Safety Commission have reviewed R the walk once more.aad-would recommend the walk be built at whatever location that the residents in the area preferred. r FISCAL SDMMARYs 7here would be no additional 'cost to the City if the walk was'left'in the contract, The contract would be reduced approximately' S•t,800.00. a ACTION REQUIREDs The Council needs to direct the Staff` on whether or ns'• to dclete the walk. WERNdTIVESs Delete or build the walk and if the walk is built, the location needs to be determined. STAFF NECOK:ENDATIONSt ` The Staff would recommend the walk be built Immediately behind the curb. g 3 8I4lIBITSs I - Memo j• -If - Minutes d I i ~I 1 CiTY&DENTON,TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE(817)382.9601 s 1ILMORANDUM TO: G. Chris Hartung FROM: Rick Svehla DATE: June 21, 1979 j i h RE: Sidewalk on Amherst t At the last Council meeting, the Council asked the Staff to review the need for sidewalks and its location again. The Staff has reviewed the walk with the Traffic Safety Conmission this past Wednesday. The Staff recommended that the walk be built as purposed and approved by furmer Council. It was the Staff's feeling that although there are only an estimated 15 to 20 chil - l dren that would be potential users from the Northridge area at this times i! (estimated by Mr. Charles Borth, principal of Newton Rayzor), we feel that further development on the nest side of Hinkle Drive will inevease potential pedestrian traffic significantly,. The Staff presented this recommendation to the Traffic Safety Commission. We also indicated to the Commission that the principal of Newton Rayzor felt that this walk was not essential. The Staff also gave the Commission a brief history of the reasons for location of the walk along 0th the actions by the Council at several meetings when the walk was first approved. After hearingq --J all this information, the Commission voted to recommend that the walk be built on Amherst as orginally proposed. They did suggest that the walk be varied away from the back of the curb in the area near mailboxes. The Staff has been unsuccessful in reaching any members of the PTA for their input, we will try to do so before the Council meeting. There is one other item the Council might want to consider in their deliberations on whether or not to delete this walk. In certain areas of the sidewalk project, we have met with this same sort of resident resistance. In all the other cases, the Council has approved building the walks as proposed. In fact, in some cases, we have been instructed to obtai<< the land through condemnation if need be. i DEPARTMENT OF COMMUNITY DEVV OPMENT CAw4"7.~, J1 1 MINUTES CITIZENS TRAFFIC SAFETY SUPPORT COMMISSION JUNE 20, 1979 PRESENT: Elizabeth Garrett, Buck Elliott, Joan Hartney, Bill Midgett, Ruth Frady, Mike Campbell, Traffic Safety Coordinator, Traffic Director and secretary. /`RSENT: John Hughes, Jim Wilson and Lovie Price. k 1 1. Elliott made the motion that THE MINUTES OF APRIL 11, 1979 BE APPROVED AS WRITTEN. Hartney seconded the motion that carried unanimously. I 2. The Traffic Safety Coordinator spoke to the Commission about the status of the sidewalk on Amherst between Hinkle and Malone. Elliott made the motion to recommend to the Council THAT THE SIDEWALK ON AMHERST BETWEEN HINKLE AND MALONE BE BUILT AS PLANNED, BUILDING THE SIDEFL",LK UP AGAINST THE CURB ANU MAKING INDENTATIONS FOR THE MAILBOXES. Hartney seconded the motion and it carried unanimously. 3. The Tr,ffic Director reviewed the loading zones with the Commission. j Eliott motioned to APPROVE THE CURRENT LOADING ZONES, WITH THE SPAN LOADING ZONE BEING NUMBER 18. THESE ZONES WERE APPROVED CONTINGENT UPON PAYMENT OF THE REQUIRED FEE. Frady seconded the motion and it carried unanimously. 4. a. The Traffic Director gave a report on parking situations on London- derry. No action was taken. i. b. The Traffic Director received a report on the intersection of Alice and Emery as it being a dangerous intersection. As far back as 1975 there were only two recorded accidents at that intersection. It was decided that this intersection was not dangerous. No action was taken. The meeting edj)urned at 2:30. i : J 1 f { 9-1388 RALPH NATIONS / NO. AN ORDINANCE AMENDING THE EONINO MAP F THE SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OFTORDINANCESNOFTTHE CITY i OF DENTON, TEXAS, BY ORDINANCE N0. 69-1, AND AS SAID MAP APPLIES TO APPROXIMATELY .2 ACRES OF LAND AT 2722 EAST UNIVERSITY DRIVE, AS SHr;.'N THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXASi A" E MORE PARTICULARLY DESCRIBED THERE.41 AND DECLARING AN EFFECTIVE HATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORLAINSs i SECTION I. I 14th day January, 969,fashanCAppendixetoothe Texas# adopted the of the City of Denton, Texas, under provisions of Ordinance No. 69-11 be, and the same is hereby amended as follower All the hereinafter described property is hereby removed E frcm the Agricultural "A" District as shown on said ton- ing Ma , and all ~ i P provisions of ordinance To. 69-10 adopted ' the 14th day d January, 19690 as amended, shall hereafter apply to said property as Two-Family "2-F" District in the same manner as other property located in the Two-Family f 02-F" District/ ! All that certain lot, tract or parcel of .land lying and be- # ing situated in the city and county of Denton, State of Texas, and being approximately .2 acres of land located at 2722 East University Drive in the City of Denton,,Texas. I SECTION II. That the City'Counoil of the Ciy of Denton, Texas hereby finds ! that such change is in accordance with a comprehensive plan for the andpwith reasonablegcothe general nsideration,welfare otherethCit of ings foDe the neharacter of the district and for its peculiar suitabilityy or ppaarticular uses, i ' j and with a view to conserving the value of the buildings, protecting ` human lives, and encouraging the most appropriate uses of land for the 1 maximum benefit to the City of Denton, Texas, and its citizens. 1 SECTION III. r That this ordinance shall be in full force ar9 effect immediately after its passage and approval, the required public hearings having •s i s heretofore been held by the Planning and toning Commission and the City t Council of the City of Denton, Texas, after giving duo notice thereof. PASSED and APPROVED This the day of 1979. I {q JJ ti , 4 7 r ATTESTt CITY OF DENTON, TEXAS d r' CITv OF DENTON, TEXAS APPROVED AS TO LEGAL FORKS BURT it, 969pars-M ZT~ ATTOWZY0 CITY OF DENTON, TEXAS i ra a 4 I I 4 1-1394 BILLY CLAYTOR f . ! NO, AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS" AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF E THE CITY OF DENTON# TEXAS, BY ORDINANCE NO. 64-1, AND AS L'klD MAP APPLIES TO LOT 13,2 BLOCK 178-J, AS SHOWN THIS DATE ON THZ OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED j THEREIN; AND DECLARING AN EFFECTIVE DATE, { THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINSt I ; SECTION I. I That the Zonin- Map of the City of Denton, Texas, adopted the 14th day of Jam sry, 1969, .s an Appendix to the Code of Ordinances t of the City of Denton, Texas, under provisions of ordinance No. 69-10 be, and the same is hereby amended as followas r All the hereinafter described property is hereby removed ' from the Agricultural "A" District as shown on sa i Zen- ing Map, and all provisions of ordinance No. 69-1, adopted the 14th day of January, 1969, as amended, shall hereafter a' apply to said property as Commercial "C" District in the same manner as other property located in the Commercial "C" f f • District; s All that certain lot, tract or parcel of land lying and be- ing-situated. situated in the City and County of Denton, State of Texas, and being Lot 13.2, Block 178-1 and being one acre of land located on the south side of University Drive, 600 feet west J of Loop 288 in the City of Denton, Texas, SEC~'ION II. ' That the City Council of the City of Denton, Texas hereby finds ! that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration # among other things for the character t of the district and for its peculiar suitability or particular uses, I and with a view to conserving the value of the buildings, protecting { human liven, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texan, and its citisens, I 1. SECTION III, That this ordinance shall he in full force and effect immediately 1 after its passage and approval, the required'public hearings having heretofore been held by the Planning and Zoning Commission and the City Council of the City of Denton, Texas, after giving due nitice thereof. ; PASSED and APPROVED This the _r, day of , 1979. t IIEL i S O YOR CITY OF DENTON* TEXAS ATTESTZ BRWKS HO , CITY-SMKETM CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMt IVEYKi 113=t990 ACII G ATTORNEY" CITY OF DENTON, TEXAS ~ 1r 1 d IyyI ~i is Z-1391 BLIZABEThh GARRETT J J No. AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF AENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID nSP APPLIES TO f APPROXIMATELY 10.227 ACRES IDENTIFIED AS LOTS 19 AND 201 BLOCK 178-F, AS SHOW THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, I TEXAS, ).ND MORE PARTICULARLY DESCRIBED THEREIN! AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTONO TEXAS, HEREBY 0RDA1NSs ± 'I SECTION 1. That the Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of Ordinances ` i of the City of Denton, Texas, ur.der provisions of Ordinance No, 69-1, be, and the same is hereby amended as follows: All the hereinafter described property is hereby removed from the Agricultural "A" District as shown on said Son- ing Map, and all provisions of ordinance No, 69-1, adopted t the 11th day of January, 1969, as emended, shall terenfter j t appply to aaid property as Single-Family "SF-7" District in M ttra same manner as 01, . property located in the Single- a Family "SF-7" Distrir j P.11 that certain lot, treat or pardel of land lying and be- ing situated in the City and County of Denton, State of Texas, and being 10.227 acres of land identified as Lots 19 ? and 20, Block 178-F and being ' located adjacent and east of the Mozinge Addition in the City of Denton, Texass SECTION II. That the City Council of the City of De•oton, Texas hereby finds that such change is in accordance with a rc,mprehensive plan for the r purpose of promoting the general welfare of the City os Denton, Texas, and with reasonable consideration, awngg other things for the character r of the district and for its peculiar suitability or particular uses, _ i and with a view to conserving the value of the buildings, protecting p human lives, and encouraging the swat appropriate uses of land for the i { { maximum benefit to the City of Denton, Texas, and its citisens, i SECTION III, { z That this ordinance shall be in full force and effect immediately , j after its passage and approval, the required public hearings, having heretofore been held by the Planning and Zoning Commission and the City 1 Council of the City of Denton, Texas, after giving due notice thereofs + E PASSED and APPROVED This the dsy of , 1479. h E )r BILL NASH 0- MAVM CITY OF DENTON, TEXAS y ATTEST T, CITY SUCHYTARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMi IM'R, 0 N, ACT 195 I r OF DENTON, TEXAS ATTORNEY, CITY ,k I rr I TT AT A REGULAR MFFa-,TNG OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING OF SAID CITY ON THE 26TH DAY OF J'UNC, A. D. 19796 c R E S O L ~f T I O N WHEREAS, the Denton County-City of Denton, Texas, Hospital Board has been heretofore established under the provisions of Article 4494i-1, V,A,T.C.S., and as the Agent of the City and I County operates the Flow Memorial Hospital; and WHEREAS, the Board of Directors of Flow Memorial Hospital has proposed certain amendments be made to their By-Lawst and WHEREAS, the Commissioners' Court of the County Of Denton ♦ has approved these certain amendments to the By-laws of the Board of Directors of Flow Memorial Hospitals NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE I CITY OF DENTON, TEXAS, THAT! ` The proposed amendments to the By-taws of the Board of Directors of Flow Memorial Hospital, attached as Exhibit "A" and made a part of this Resolution, are hereby approved, ratified and confirmed. pASSED AND AppROVED this the 26th day of June, A. D, 1979. `R I CITY OF DENTON, TEXAS {}5 ATTEST! it NROOX9 S OL , CITY SOULETARY CITY of bkNTONO 'T'EXAS i APPROVED AS TO LE0%L FORMS BURT R, 0 HO S, ACTING MY ATTORNEY] CITY OF DENTONo TEXAS j i ' B. E, (Hill) SWiTZER CHESTER SPARKS hrtima 4 r,~cintt 1 OENTON COUNTY F1, COMMISSIONERS COURT C, R. (Happy) SALMON LLOYD D. ODLE Prrdno 3 Ir~<lnct t JERRY JOhN CRAWFORD JUDGE SIXINTIOCA ' JOSEPHACAAROUCOURTS 6UI;OING • 401 MST HICKORY • DINTON. TEXAS 76701 • IfI71 SVI217 • 11171317 44 14 • VE1RO04ISSI i i I May 15# 1979 i f Mr. Chris Hartung City Managor { City of Denton 715 East McKinney Street Denton, Toxas 76701 Dear Christ Attached to this letter are es proposed the Bylaws of the Board of Directors ofcFlow Memorial Hospital. The proposed changes cover the method of appointing chairmans of the various committeee, The Commissioners' Court has approved those changes subject to the approval of the Denton City Council. it the Council has no questions or I objections to these chanyest please have the changes signed as approved and return thus to me for the County's signature. I Very truly yours, J RRY N CRAWPORD , I C unty u e Jactjg iI Attachments I • i ' I i 1 , ~W 071 i PROPOSED AMENDMENTS 74 THE BYLAWS OF THE BOARD OF DIRECTORS ARTICLE V!1 Duties of Officers and Conmittees Section 5, (add after first sentence) i The Chairman of tha Finance Committee shall be appointed by the Chairman of the tt! t Board of Dit,:ctors and will serve for one year to coincide with the fiscal year of the hospital, r i Section 6. (Add after first sentenced The members of the Finance Advisory Committee shall elect a Chairman, who will serve for one year to coincide with the fiscal year of the hospital. 'Section 7. (add after last sentence} i The Chairman of the Joint Conference Committee will rotate between the Chairman of the Board of Directors and the President of the Medical Staff on a yearly basis ~ r to coincide with the fiscal year of the hospital. The term of the Chairman of the Joint Conference Committee for the President of the Medical Staff will begin in October of odd-numbered years; the term of Chairman of the Joint Conference Commit- tee for the Chairman of the Board of Directors will begin in October of even- numbered-years. Section 8. (add after second sentence) the members of the Medical Advisory Committee shall elect a Chairman, who will serve for one year to coincide with the fiscal year of the hospital. f . . a .-.w x~M u1I i it a~ Y 1 . 1 • I I J I I ~I ,r nn n I IFMLPS r~ tur,'4V_I CIJS OF OF FLOW MEMORIAL HUSFO AL DENTON, TEXAS ARTICLE I y Name and Purposes 1 The governing body of Flow Memorial Hospital shall be known as the Board of Directors of Flow Memorial Hospital, referred to herein as Board. They shall 1 be appointed and hold office in accordance with Article 44941-1, Texas Revised Civil Statutes, as amended, under which Flow Memorial, Hospital is now organized. ? The Board of Directors shall be responsible for the management of the finances of the hospital, for the appointment of a competent medical staff, for the making i ' and enfortement of such regulations as are necessary to ensure proper care of ± 'patients, and for all•other duties provided by said Article 44941-1 and pursuant 1 to the terms and intent of the contract by and between the Board, the County of Denton. Texas, and the City of Denton, Texas dated even with the initial adoption 1 of these By-Laws on July 27, 1971. I , Board Guidelines For tarrying out its duties under the By-Laws, the Board policies shall include the following: A.' Determine hospital policy in regard to procuring finances for growth. B. Determine hospital policy concerning borrowing and other methods of major financing. Ce Determine guidelines for major areas of.cash utilization, D. Approve board rate policies and any room rate change. E. Approve financial and other major reports that are directed to the public and other interested parties, I ICw1~ ' 11 1 2 F. Approve major short-term loans and all long-term loans. ~ G. Review and/or approve major contracts such as those. for acquisition or I sale of real estate. ~ en legal documents and to take H. Authorize officers to sign various ~rritt i final action. 1. A prove major personnel and labor relations policies and programs that { shape the essential character of personnel and labor relations. This includes any contract to be negotiated with a union or any major contract h such as a total hospital employee retirement plan. J. Approve all merger or acquisition activities. K. Approve, reject, and modify hospital budgets (operating and capital)-sub- mitted by the Administrator. i L. Select and retain outside auditors, as further defined in the By-Laws or j in any contract entered into with any governing bodies. M. Approve actions that dispose of any substanital asset. H. Review and approve all donations and contributions made to the hospital with or without restrictions, except minor gifts of $1;000.00 or less. i ARTICLE 11 Meetings Section 1. The Board members shall hold regular meetings on the third Thursday I of each month, The regular meeting in October shall be known as the annual meeting. j i Special meetings may be held at the call of the Chairman or, in hi s absence, at the call of the Vice-Chairman, or at the call of any three members. i Section 2. Four (4) members shall constitute a quorum. Section 3. The,order of the business at all meetings of the Board shall include the following: 1. Meeting called to order. 2. Roll Call. 3. Reading of minutes of previous meeting, 4. Correction and approval of minutes, by motion, 6. Reading of communications. 6. Reports of Committees and Officers. 7, Reading of Report of Administrator, 8, Reading of professional analysis report of medical staff. 94 Unfinished Business. 10. New Business. I 11. Adjourrvnont. S' 4. The general parliamentary procedure established by Roberts' Rules of Order shall be followed. Section S. Members of the Board of Directors are required to attend not less than 75% of the regular and special meetings of 'the Board during each fiscal year, After missing 25% of the meetings, the Board member will be required to submit his resignation. ARTICLE III nnnbtl Reports The Board will have prepared an annual report setting forth in sufficient scope and detail the more important facts concerning the business management and professional work of the hospital, and such repor'L~,shall be presented to the County of Denton and the City of Uenton. ARTICLE IV Budget and Expenditures The Board shall be responsible for submitting the annual budget of the hospital to the City Manager of'the City of Denton and to the County Auditor in the form and within the time prescribed in the aforesaid joint contract. The Board shalt approve all expenditures of hospital funds in excess of 95,000.00, except for perishables and emergency needs. Such expenditures for perishables and for emergency needs shall be at the discretion of the Administrator provided that funds ore available within the total allocation of the budget. Such expenditures will be reported at the next regular meeting of the Board, The fiscal year of the hospital shall begin the first day of October and end the 30th day of September. Y.-b 71 / 4 ARTICLE V } Nepotism No person may be paid from hospital funds ii auL.L ielsul+"s c"I Board member or to the Administrator, within the third degree of affinity or con- sanguinity, except below the third level of management and only then %lth the con- sent of the Board. ARTICLE V1 i Officers and Committees t At the first regular meeting after adoption of these By-laws and at each annual meeting thereafter, the members shall elect a Chairman, Vice-Chairman, and a Secretary. These officers shall constitute the Executive Committee of the Board., j The Executive Committee, in addition to its other duties hereinafter referred to, shall represent the Board on the Joint Conference Committee. The Board shall 1 appoint a Finance Advisory. Committee, 1"edical Advisory Committee, and other advisory } committees as needed. Such advisory committees shall limit their activities to the purpose for which they mere appointed and they shall have no power to act for the Board. The officers and standing committee members shall serve until the following annual meeting of the Board or until their successors have been named. ARTICLE V1( 'Duties of Officers and Committees Section 1. The Chairman shall preside at all meetings of th4 Board and be an ex officio member of all standing committees. The Chairman may vote at meetings of the Board, but shall have no vote as ex officio member of any conmittee. ' Section 2. The Vice-Chairman shall perform the duties of the Chairman in his s absence and, in the event of his resignation, death, or inability to act, shall 1f succeed to the office of the Chairman. { . J i 5 ~ Section 3. The Secretary shall keep the minutes of the meetings of the Board and its standing committees; record the names of all.members present at each meeting; r? { IW6 y all 111thluer) ui Lull oil;66cc5 VI !"~!M!4A, notify all members of the a i standing committees of regular or special meetings at least three days before the appointed time for the meeting, except in case of emergency as provided herein and 7 by law and in such notification state the nature of the business for which the meeting is called. Reasonable notice of each meeting shall be delivered to the County Auditor and the City Manager prior to such meeting. Section q. The Executive Committee shall have power to transact all regular business of the Board during the interim between the meetings of the Board, provided that any action which it may take shall not conflict with the policies and expressed ~qq wishes of the Board, and be subject to,ratification, modification, or repeal by the, I Board, and that it shall refer all matters of major importance to the Board. Should 'any matter of extreme urgency arise between the regular meetings of the Board, it shall be the duty of the Executive Committee to request the Chairman to call a special meeting of the Board as provided in the By-Laws. Section 5. There shall be a Finance Committee composed of three members of the J Board, appointed by the Chairman, with the Chairman and Administrator ex officio ' members. The Chairman of the Finance Committee shall be appointed by the Chairman of the Board and will serve for one year to coincide with the fiscal year of the hospital. It shall devise ways and meads of securing funds for the support of the i hospital, It shall supervise preparation of the annual budget and assure its sub- missioreto the Board as provided in the contract by and between the Board, the City of Denton, and the County of Denton, referred to above. + It shall be the further duty of the Finance Cotmifttee to examine the monthly I financial,reports and to require an explanation from the administrator of any variation from the cyrl•ent budget when deemed necessary, and make recommendations i . N LR,1'O~ b !n. to the Board on any financial matter. This committee shall examine the financial reports of the hospital monthly and report its findings and recommendations to the Board. The accounts of the hospital shalt be examined annually by a competent auditing firm as engaged according to the above mentioned contract. Section G, The Finance Advisory Committee shall consist of no less than three nor more than nine county or city residents who are not members•of the Board Ind who shall have experience in the fields of finance and business. The members of the Finance Advisory Committee shall elect a Chairman, who will serve for one year to coincide with the fiscal year of the hospital. The Finance Advisory Committee shall review the rates, fees, and charges of the hospital for the services it renders, and, from time to time, review these charges, and make recommendations to the Board for any adjustments thereto. It shall also investigate and recommend ways and means of securing funds for support of Flow ►temorial Hospital. The,Finance Advisory Committee shall report direct to the Board, but may advise the Finance Committee on all financial matters. Seetion 7. The Joint Conference Committee shall consist of the President, Vice President and Immediate Past President of the Active Medical Staff, the t Executive Committee of the Board, and the Administrator. The medical staff repre- sentatives will be spokesmen for the medical staff on this committee. This committee i shall be a nedical-administrative liaison committee and the official point of contact between the Medical Staff, the Board, and the Administrator. It shall neat monthly and keep proper minutes of said meetings for reporting to both the Medical Staff and the Board. The Chairman of the Joint Conference will rotate between the Chairman of the coin- Board of Directors and th, President of the Medical Staff on a yearly basis to coin- tide with the fiscal year of the hospital. The term of the Chairman of the Joint r Conference Committee for the President of the Medical Staff will begin in October t r i •_...,.._.-~......rrw.rnw rcoewM4N-WwYlMW.K,iK1wi.IR~Ijq k 7 1 Y f of odd-numbered years; the term of Chairman of the Joint Conference Committee for the Chairman of the Board of Directors will begin in October of even-numbered years. Section 8. The Medical Advisory Committee shall be appointed by the Board and k shall be constituted of not less than four nor more than nine residents of Denton A ~ County who are licensed to practice medicine in Denton County and the State of Texas, i The Board may use whatever means at its disposal for ma'King these appointments which ~ J may include consultation with the President of the Medical Staff, the Executive Com- mittee and/or the Joint Conference Committee if deemed advisable. -The members of the Medical Advisory Committee shall elect a Chairman, who will serve for one year to coin- cide with the fiscal year of the hospital. The Hedica i i Advisory Committee shall act on and in behalf of the Board of Directors only in an advisory capacity and as directed by said Board. The Medical Advisory Committee shall be responsible to the Board of Directors to carry out the duties as delegated by the Board. The activities of the Medical Advisory Committee shall include the following: 1. It shall be responsible for assisting the Board in determining long-range objectives and achieving long-range stability and growth. 2. It shall act as an advisory body to assist in planning and designing major i hospital programs to achieve short and long-range goals. These plans should be based on and consistent with hospital objectives. 36 Plans should also project the hospital's present and projected role in meets the cmnunity s health needs. ng 4. The Committee shall act in advisory capacity to the Board in evaluating issues that involve reasuring the quality of medical care to be rendered. 5, It shall assist the Board in providing a long-range plan in written form concerning facility needs. f 6. Appraise the community's health needs and'the hospital's objectives and ! plans in terms of their compatibility. 7. Assist the Board in coordinating the hospital's 'long-range plan•with the r capital requirement plan. 8. Assist the Board when so requested by furnishing guidelines for equipment needs, measurement of patient care being rendered, and other functions as otherwise requested to do. i { Y` 8 The Medical Advisory Committee shall meet with the Board at least quarterly and as otherwise deemed advisable or requested by said Board. i APMCLE ViII Duties of the Administrator y Section 1. The Board of Directors shall select,and employ a competent and ex- perienced administrator who shall be Its direct representatitie ih the management of a the hospital. Stich administrator shall be given the necessary authority and held responsible for the administration of t!te hospital in all its departments, subject only to the policies enacted by the Board. The authority and duties of the administrator sha11 include the following: 1. To complete and submit to the Board for approval a scheme of and for organization of the personnel and others concerned with the operation of the hospital► including an organizational chart. i j red a b budge etashowingd the expected'receipts, expenditures, and accounts contract. 2. as prepare ' 3. To select, employ, control; and discharge all employees authorized by the i budget, provided that the employment and discharge of the Assistant Administrator and Comptroller (Controller) shall be subject to epproval i by the Board. A. To see that the building and grounds are kept in a good state of repair, conferring with the Board in major matters but carrying on routine repairs and maintenance without such consultation. 5. To supervise 'and manage all business affairs, such as the records of financial transactions, collections of accounts, purchase and i;,sue of supplies, and to be certain that all funds are collected and expended to the best possible advantage and are within the accounts of the budget allocation. b. To cooperate with the Medical Staff and to secure like cooperation on the ~ part of all those concerned with rendering professional service to the end that oftthetExecutive eCvommitteeeof thesMedicalrStaffeandabe Antexdofficio member thereof. f 7. To submit regularly to the Board, the City, and the County, or their authorized re rpsentatives periodic reports showing the professional service and the Other reports that may be required by the Board, the City, or the County. . ntuM Uw..w4+r.ai~NrlNJk!~i1'+1.0.`1T$~~A~lY7rtM~'f i yH 14 1 i' 8. To attend all meetings of the Board' and its c~'+nittees, and shall b ex officio member of all committees appninted by the Board, except the Executive Committee, and shall have no vote, be an g. In all By cases of disputed authorit, or uncertainty as to the i -Laws and Rules and Regulations' of 0 hospital, meaning of the made the to the Administrator shall be operative until a contrary ruling decision of the by the Board or the Executive Comnittee, hall have been r Boa of the kJ 70. To be responsible for Aostin an a;lenda of each regulhrly scheduled meeting board, three frpasting,~ advancmae thehospital bulletin the County Auditor, and city manager, pi of s,ch agenda to I], On called meetings, reasonable notice ' as possible will be given tothe County Auditor and City !tanager in advance of said meeting, 12. To Serve as the ho: that ma be Pita' administrative head and to perform any other duty Y in the 'jest interest of the hospital. j , ARTICLE 1X 1. Medical Staff Acting on the best medical advice available, the Board shall a staff of Ppoint a medical physicians and shall see that they are organized in such a manner as to r secure the desired results. Should the Governing Board not concur with the Medical Staff's recormnendation'relative to clinical pr;vileges of a staff member, the f recommendation must be reviewed by a joint committee of the Medico t Board before a final decision is reached by the Governing Board, The medical staff organization must providf. the framework in which the 'duties and the functions medical staff can be carried out, of the t In the professional care of patients, the attending physician appointed to the medical staff shall have full authority subject o ' policies stated by the Board. nlY to the There must be such officers of the medical staff organization as will provide effective governance of its affairs and as will Ensure proper acceptance and discharge of the overall responsibilities for the quality of medical care delegated to the medical staff by the Board. The duties of each officer, t: and the qualffications of each incu,nbent, as well as the method of selection, shall •r 10 i . 1 be delineated in the By-Laws, Rules and Regulations of the medical staff. Each officer must be a member of the dLGVe medical staff and must be elected by the voting members of the medical staff. The medical staff shall develop its own organizational structure as well as its own By-Laws sub3ect only to final approval by the Board. Such By-Laws should be in keeping with the guidelines of the Joint Commission on h Accreditation of Hospitals, The key-position in the medical staff shall be the President whose duties will include the following: A. Serve as presiding officer at all medical staff meetings. B. Serve as Chairman of the Medical Staff Executive Committee and as an ex officio member of all Medical Staff Committees. C. Appoint Medical Staff Committee members (except when membership is other- i wise specified in the Medical Staff,By-Laws). D. Enforce Medical Staff By-Laws', Rules and'Regttlations. E. Present the views, policies, needs, and grievances of the Nedical Staff to the Administrator and to the Board. 6 F: Attend all Board meetings as spokesman in and for the Medical Surf. G. Serve as the responsible-representative of the Medical Staff. 1 3 H. Receive and interpret policies from the Board and repport on and interpret to the Board the performance and maintenance of the Medical Staff's respon- sibility for providing good medical care. 1. Act as Pledical"Staff spokesman for the Staff's external professional and public relations. J. 7o receive and act upon the reports of the Medical Staff Committees. 9. Consider and recommend action to the Administrator on all matters of medical-administrative nature. L., Implement and approve policies of the Medical Staff. M. Take all reasonable steps to insure professional ethical conduct on the part of all members of the Medical Staff and to -initiate such prescribed cooperative measures as are indicated to fulfill the medical care tendered to the patient in the hospital. N. Insure that the Medical Staff is kept abreast of the accreditation program and informed of the accreditation status of the hospital. , i s t r, r II 0. Serve on the Joint Conference committee, along with the Vice-President and Immediate Past President as outlined above in the activities of the Joint Conference Committee. Rai - ARTICLE X Hospital Auxiliary The Board shall assist in the organizing of an effective hospital auxiliary, which shalt be under the supervision of the administrator the same as•a regular employee of the hospital. ARTICLE XI 1 ~ Amendments These by-laws shall be reviewed annually and. revised as necessary. These By-Laws 1 may be changed by a mafority vote of the members of the Board at a meeting held for i that purpose, notice of which has been given in writing by the secretary to each 1 member at least two weeks in advance of the meeting, but shall not be effective' until approved by the County of Denton and the City of Denton, as provided in said Joint contract: ADOPTED this 22nd day of March A.D., 1979. i I Carman UT Board of irr~ectors APPROVED: APPROVED: r • o-unty udges Denton County yor, v{y o en on 1 i t g ' r City of Denton Memorandum June 26, 1979 AGENDA ITEM: Consider site plan approval fora portion of Planned Development 12. ' SUMMARY: Planned Development (PD) zoning classification requires a two step review process including first, approval of the zoning and secondly, review and acceptance by the City Council of a detailed site. PD zoning permitting a residential development of apartments and townhouses, as well as some retail and commercial uses, was approved on 145 acres in 1972: This tract is located east of State School Road, south of `I-35E, and adjoins the city limits of Corinth. The tract has remained undeveloped until this time and the current owner is now ready to begin Phase I. Since the new owner plans to develop the tract somewhat differently than originally approved, the next step in the review process is for the devel- oper to submit a preliminary site plan of his proposed land uses for review by the Planning Commission and City Council. Phase 'I which includes ap- proximately, 65 acres, begins 1800' south of the I-35 state School Road 4 intersection. Proposed land uses (see site pplan) are much less dense than approved in the original PD, as can be seen by the following land use com- parison. Apgroved Planned Development Lard Uses -fo-r this 65 acres of PD-12 ' E 27 acres - Multi Family (apartment) use 26 acres - Drainage~Channetster homes 7 acres - Portion of mobile home development, not included in original,PD P~royesed Planned Development Land Uses ti ;for this 65 acres of 00-12 ' e 25 acrat Single Family (SF-7) residential use 13 acres - Zero lot line and duplex residential use 21 acres - Multi Family (appartment) use { 6 acres Drainage Channe] Whereas the original PD permits primarily medium to high density residen- tial uses, the proposed land use plan indicates a si nificarlt amount of single family, zero lot line, and du lex uses, A ma16r interior thorough- fare would extend from State School Road eastward through the overall development, curving south and then east to the Interstate. This development proposing a variety of residential uses, appears to be an appropriate land use request which is well within the philosophy of the original Planned Development, The mix of housing types seems reasnnable i and streets and utilities appear adequate to accomodate developknt'of this first phase. 2 RECOMMENDATION: The Planning ConvAsston unanimously recommended the City Council approve this revised site plan for a portion of PD-12, with the following conditions: 1) All proposed apartment sites shall observe the zoning ordinance stars- dards for Multi Family (MF-l) classification, with the excen!ion that the garden apartment" site in the southeast corner of the tract shall be limited in density to 25 units per acre. 2) Final site plan approval byy the Planning Commission and City Council will be required for the three proposed apartment sites. 3) Plat approval shall constitute` site plan approval for the proposed zero lot line, duplex, and Single Family (SF-7) sections of this planned 5 development. 1 f ' 'a ACTION REQUIRED: 4 The City Council should move to approve the'revised site plan for this por- tion of PD-12J EXHIBITS: a)) Memo b} Vicinity Map of PD C)) Revised site plan e /AV- E E } I h i ~ . nn•.. .i w• rr.n`Jn'M'Y1Y<sMMllni YLL:MNtMWYR•MIk51J~~y~..' • ar f r t f 1 1 • ~ ~ v~1r t' - A PD, 20 ~~.~~hhh hh 1~,~` I ~ ...111_ •I I ♦ • I I rr J • r~ • VICINITY MAP _J PD-12 • 1~ 1 ,io ! , orva loons ~wsr 's. _ i r • j , •YIYiYY,a YiY yrYr ' •iYy • S 1 , ' OAROtiV AAORTMtNI! ' 'A/ARtMFNTJ . , ti .'rte • • rr4O GAROtN AP16tYMMT! Zi-Qd d0 NOE180d d Wd 311S AVVNI 1I13Nd, . . . ' n+~ !N COdlFR4heH 1 M wu.,W i i f I 1 City of Denton Memorandum June 26, 1979 I AGENDA ITEM: Consider abandonment of all utility easements within the Golden Triangle Mall site (Q-29) and consider acceptance of revised easements. SUMMARY: Prior to beginning the development of Golden Triangle Mall, a subdivision k plat of the property was accepted by the City which showed a single lot and the easements necessary to serve the mall with utilities (see drawing). It was anticipated at that time that small changes vould likely occur in exact building locations which would 'require a chan;e in easements, Also, the tract would eventually be divided into separate lots to be owned individually by the major department stores and the Mall Company. Those two changes--revised easements and a subdivision replat of the tract- have been submitted to the staff and the Planning Commission for review. The Planning commission has approved the plat contingent on acceptance of the new easements. i In order for the City to accept these changes, two `actions must occur by the City Council: I` 1) The City Council must abandon the existing utility easements within { the Golden Triangle Addition; 2) The City Council must accept the revised easements indicated on the i easement map and dedicated by the Easement Agreement, # The Engineering, Utility, and Legal Departments have reviewed the easements and easement agreement and find them satisfactory. The City would simply be acquirl~q appro riate easements for serving the Mall development and ) abandoning {hose which are no longer needed. LL,TERNATIVE5 a) Abandon the existing easements in the Golden Triangle Addition and accept the revised easements. 1 b) Retain the existing easements which are inappropriate for meeting the mall's requirement for services and the city's requirements for main- i tenance. RECOMMENDATION: The Planning and Zoning Commission -unanimously recommended the City Council abandon the existing easements within the Golden Triangle Addition and accept the revised easements. { 'I say I I 2 ACTION REQUIgED; 1 k, 111 The City Council should move to abandon the existing easements in the Golden Triangle Addition and to accept the revised easements and easement agreement. EXHIBITS: Memo i b Original plat with easene d Revlseedd plat showing t new yeasements f ~ t i I I I I I 1 i I s; ° 1,M.~I Y~~i•,w1~` . YI M M1 r,'..Yy.Y 4-29 ,Ylrv` Y-Y''I.wYiY WYM• p♦C~YY [ Id Y r.a.Gw VY Yw REQUESTED CUITtLAIM OR EASEMENTS. •••.r,C'w,..+r`•r•-'~W"~'r'~ ` WITHIN FOUDEN TAIANSU ADDITION `rr~r.rrrw~« • ...~yv'L • ~~p~ .•''',t''+r - x'4{4 1'. ~ ~~~r , , N•I»• I• i ► \ Iw\N,II xYYI•MIIW Y~i,•~M ,~,I11iK w'+~Y n. i°~41YT.1 I . • •1~ I tY•1 \ Y YI.1•Y A {YY r • , •y • • I yr n,•uY 1~~•. r W • ~ • xY.YI Y,AMMti , ' • Y • y1M N,R gyp. f,r G M ~ • IIYM I•MY Y..Y j.. ' • TC1 . IW YYM.'r, \..11 r .J3S iy (1 ~ i~ tlj t At 1,10 tk.. yo 13LOO ~ ADDRION CITY a bgwoA M4 f '1 e' ,V r. v I 11+1MMr.IFxMrm l ~ 11t1M.+ IN~fIllM Mw• Ab M , ,Y~. C~ ~ Y~MYM1.rM'H~►wrrpN•»Lah 4 fr , rw wt`!rrr•jlr to 11 , WiWM.9MIw.Cr4r.fiw r,' I kq.~ STATE OF TEXAS ) COUNTY OF DENTON SSt EASEMENT AGREEMENT KNOW ALL MEN BY THESE PRESENTS that the undersigned, DENTON MALL COMPANY, a Texas limited partnership, having an office at 1712 North Meridian Street, Indiana g 16202 polls, Indiana (hereinafter referred to as "GRANTOR") for and in con- sideration of the sum of one and 00/100 Dollars ($1,00) In hand paid, the receipt and sufficiency of which is hereby acknowledged and confessed, does hereby GRANT, BARGAIN, SELL and CONVEY UNTO THE CITY OF DENTON$ IN DENT014 COUNTY, TEXAS, a municipal cor- poration, as a part of its utility control and distribution t system, its successors and assigns (hereinafter called 'GRANT-EN), an easement over, upon, under and across the real estate lo- sated in Denton County, Texas, described in Exhibits "A" -and shown on Exhibit "B", both of which are annexed hereto and made a part hereof (said real-estate located within the easement hereinafter being referred to as the "easement area") for the purposes of laying, installing, conatructing, mainteininq, op- erating, inspecting, altering, replacing and removing subsurface distrihution lines and conduits for water, sewer and electrical utility service, to serve commercial customers who conduct busi- i j nesaes on lands o! Grantor and others, said lands to comprise what Is to be known as the Golden Triangle Nall, Shopping Center In the County of Denton, State of Texas. It is understood and agreed that the easements described in Exhibit "A" and Exhibit 'a* are solely for the purpose of granting to the Grantee easements to lay, install, construct, J maintain, operate, inspect, alter, replace and remove said distribution lines and conduits, except that Grantee shall have the right t0 eXc&Vato and perform necessary work upon the surface of the easement areas as and when required to install, repair, replace, remove and relocate such electric distribution lines and conduits. Grantee shall not erect, install or maintain any r structures or improvements on the surface of the easement area :I 4.=I i described in Exhibits "A" and W, except that Grantee may install, operate and maintain such fixtures and equipment on the surface areas of the easements as may be necessary to pro- vide eleLtric, water and sewer service to the aforementioned commercial customers, including but not limited to transformers, r switches, power factor correction equipment, meters and manholes, I provided that any such surface fixtures and equipment shall be installed and maintained on the easement areas in such a manner and at such locations as not to unreasonably interfere with the I use and enjoyment of the surface of the easement areas by Grantor and its successors, assigns, tenants and invitees, for shopping center buildings, driveways, roadways and parking of rotor vehicles within the shopping center located on the real estate x owned by Grantor. Grantee's subsurface limns and conduits shall be buried to such a depth below the surface so as not to interfere with Grantor's permissible use of the surface area of the ease- went. Grantee shall have the right to ingress and egress over, ; upon and across any driveways and roadways located on the surface of the lands owned by Grantor upon and within the boundaries of which the easement area is located, for purposes of access to the easement area. Grantee also shall have the right from tine to time to cut and remove all trees, undergrowth and other obstruc- C Lions within or immediately surrounding the easemr,t areas which may injure, endanger or interfere with Grantee's use and enjoyment of the easements granted herein, all of which work shall be done r, At Grantee'a sole cost and expense, Grantor shall not, without the prior written i:onsent of Grantee, erect or maintain any permanent structures or improve- ! ments upon the surface of the easement areas or perform any act which wool, air or interfere with Grantee's use and enjoyment of the easements herein grar,tedj PROVIDED, H(')%MR, notwithatand- j ing anything to tho contrary herein contained, Grantor expressly r 1, S reserves the right to pave the surface of the subsurface easement areas with porous asphaltic or other suitable hard surface paving material, and to use the same for the parking of motor vehicles and for driveways, roadways and sidewalks, and for other purposes which will not interfere with Grantee's full use and enjoyment of the subsurface easement rights hereby granted. If the surface of the easement areas or any improvements are disturbed by Grantee at any time and from time to time by the installation, repair, maintenance, removal, replacement or other work in connection with said distribution lines and conduits, Grantee at its sole cost and expense, shall repair and restore i ` the surface of the easement areas or the improvements to sub- Ir stantially the same condition which existed immediately prior to any such disturbance, including, without limitation, any and all necessary repairs and replacement of pavement which may be removed and excavated by Grantee in the course of doing any such work within the easement areas, Any work done by Grantee upon or within the easomont areas at any time and from time to time shall be done at such a time and in such a manner as will cause a minimum of interference with the business being conducted by 3 Grantor in the shopping center upon its land surrounding and f E adjoining the easement areas, but nothing herein contained shall prevent or prohibit the Grantee from performing any of its work during normal and customary daylight business hours. ; The Grantee shall, at the request of the Grantor, at any time, and from time to time, remove its distribution lines and conduits and other facilities from the easement area and release and quitclaim the easement to the Grantor, provided that the Grantor furnishes the Grantee an'equivalent easement which will permit the continuation of utility service to customers other than Grantor whose service may be dependent upon the easement granted heroin on the same terms as herein at another suitable { location on Grantor's said land, and provided further such re- location of the lines and conduits shall be at the sole cost and oxpenso of the Grantor. f V M it is understood and agreed that the same or similar ease- ments and rights to use the easeme -t area as are hereby granted I to Grantee hereunder also have been or will be granted by Grantor to one or more other public utilities or municipal corporations or authorities for the purposes of laying, install- ing, constructing, maintaining, operating, inspecting, altering, replacing and removing subsurface lines, pipes and conduits in common with Grantee hereunder on the same or similar terms, and that to this extent the rights Of Grantee hereunder shall be non-exclusive and joint and mutual with the rights of any such other grantees, and that Grantee shall have the non-exclusive f right to use the easement areas in common with each such other liJ grantee for such use and purposes. The Grantor hereby reserves the right to grant easements to other utilities or services which may intersect or transact + the easements granted hereunder, Any easement granted to a J 1 utility or service intersecting or transacting the easements i granted hereunder shall be subject to the rights of Grantee i herein, and shall not be incompatible with, or interfere with, the,continuing use of the easements granted hereunder. TO HAVE AND TO HOLD unto 7rantee, its successor* and i aasigne, so long-as the rights and easements herein granted shall be used by Grantee for the express purposes and upon tho terms and conditions specified, with ingress to and sgrdsa i from the easement areas, for the purposes of constructing, I III 1 installing, repairing, maintaining, replacing and removing the I +i 1 facilities of Grantee herein described, be+t subject to all i j ~ liens, encumbrances, restrictions and prior easements of record. ~ PROVIDED, HOWEVER, notwithstanding anything to the contrary herein contained, the rights and easements herein granted shall "f t be released and vacated by Granted upon cessation by Grantor ' of the use of its land surrounding and adjoining the easement area as a shopping center, unless Grantee reasonably requires j the continued use and maintenance of either easement as part of Its distribution system for continuation of utility service to 4fi . r customers, other than Grantor, whose service may be dependent f upon the easements granted herein. It is understood that these easements are granted primarily for the purpose of furnishing utility service to the shopping center buildings located upon the Grantor's land. uraniee shall ~7 demnify, defend and hold harmless the Grantor, its successors and assigns, from and against any and all loss, cost, damage, expense, liability, claims, demands, actions and causes of action arising out of or resulting from Grantee's use and enjoyment of the easements ani the installation, maintenance and operation of said lines and conduits by Grantee, including, without limitation, any and all claims and actions for personal or bodily injury, including death, to any person, and damage to the property of any party. It is agreed that this grant covers all the agreements ♦ 4 between the parties and fist no representations or statements, verbal or written, have beers made modifying, adding to or changing the terms of this agreement. This instrument shall be binding upon the parties, their ` successors and assigns. IN TESTIMONY WHEREOF, the Grantor'herein has executed this conveyance this the day of DENTON MALL COMPAt7Y, ? a Texas limited pirtnership } Bye Penton ve opars, a Texas' limited partnership, General Partner , ACCEPTED AND ACREED Tbr I ' CITY OP DENTON, TEXAS Bye t E , i ' w k GOLDEN TRIANGLE ADDITION t \ -REPLAN 1 kl~ f , r R,r , , . era, + 1 ~IkSl r r , t ~ 114 t. mfr C q'L~~• "+'~7 it i .f;a 1•.(1.,` A. f ~ '►T.". 'r ">?T1dRC-n ~ r . 5 Tt 1 1 L atti7~. k` ~ ~~+•~l~ f ,,j.,+ , I~«x Y~~"•~a+~'~ fit; S4 ~ S ' ' M a A 0* 1 V ~+t p~^i~~al{~Ai i1A~~~DN'A7T"'``1';,~ IJyJI+I M'/awaORV 1 ~l~v~ 1 46 rte: by F4r,~ i a i~ rrxt.~ y ' t"Rr'M it C a; th. e 1+~ 2 l Ile to 4~~yxp~ I+SI z~~~L.triSSE'' l .fib ►,1 ~~flf pip 1 a 'I L r'' / OPI'L Oo.r "tip E vilol City of Denton Memorandum June 26, 1979 AGENDA ITEM: Consider a chtion indpolicy concerning the Comnunity.Development Grant funded SU__~_MMARI'; ' For approximately a year and a half the Comnun N y Development Department has operated a de;rblitlon clean u tonremoverget area funded by our grant. he area t, This dilapidated and out properties ine the target area rea wrlich were owned by low and moderate income persons. A second program has also been underway in which owners who are not low and - moderate rhas proceeded yslowersbecausehofcthe administrative hearingeprocesso y involved. HUD has informed us now that we can fund demolitions of all dilapidated houses in the target area regardless of the ownership, The philosophy is that the real beneficiaries of the demolition of a dilapidated house are not. necessarily the propperty owners, but the persons who live in the neigh- borhood. The persons who live in the target area are overwhelmingly low and moderate income. RECOMMENDATION; spee the cleannuphof{theeeasteb nwith ton granttfunds, W tfeelwthatothisfwilla d g We will have a total of approximatel $30,000 in this to and rogram, therfore, th funding i l is adequate o oxppand the progr's p e eve and thebarea i the program. the residents of the target area, will greatly be h6 nefit y this, approach because: 1) their area will be cleaned up, will become more attractive for new development and/or redevelopment. This is a vital concern to the city due to the current housing shortage. ALTERNATIVES: s Continue to operate the program with existing income qualification guidelines. ACTION RE4UIRED; i Tho staff recommends that the Council vote to expand the grant demolition program to cover all houses in the target area. R i f CITY OF DENTON MEMORANDUM DATE OF MEMO: JUNE 26, 1979 CITY COUNCIL AGENDA ITEM (USE EXACT WORDING AS ITEM IS TO BE PLACED ON AGENDA)! Consider awarding the bid #'8662 for drainage improvement; on i'N 1515 near the Peterbilt plant. £UMAARY: ` orbe r-- This protect would complete the crossing for the storm sewer thamort will collected and channeled, around the new Peterbilt plant. The less committed to this,iaroject in correspondence with Peterbilt before the plant located here. The project would include two 60" pipe crossings and one 48" cross- ing together with headwalls and appertenances. FISCAL SUKKARYt One bid wss received from Luke Turner Construction Company for $46,885.00,,. The only'source of funding for this.profect is the Capital Improvement bond i fund. ACTION ItEQUIREDt Council-approval or denial. t 1 I . j ALTERNATIVESi ! Reject the bid and advertise for new bids, I i STAFF RECOh? NDATIONSt The Staff would recommend approval, MIBITSt I - Homo f i r~ ' t CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76101 / TELEPHONE (817) 381.4601 MEMORANDUM TO: G. Chris Hartung FROM: Rick Svehla DATE: June 21, 1979 RE: Recommendation for bid on the Storm Sewer Crossing on FM 1515 Near the Peterbilt Plant As you will recall, these plans and specifications have been advertised since the middle part of May, Three contractors checked plans out to re- f view the project, they are as follows: Greg Olden Company - Frisco, Texas 1 s Luke Turner Construction - Euless, Texas ' Charles Cohen, Incorporated - Dallas, Texas On the bid date, June 12th, the City only received one bid and that was from Luke Turner Construction Company. His bid was for a total amount + of $46,885.00 dollars. As you retail, the Staff estimated the cost to I be'approximately $35,000 • $40,000 dollars, lie were hoping to be closer to the $35,000 dollars. The major differences in the estimate $ 12.00 difference per cubic yard of crushed limestone, 75.00 difference per cubic yard for concrete, 8.00 difference on compacted fill, $3,000,00 difference on removing the, detour, 1 believe we errored in our estimate on the cost of the limestone, How- ever, I feel our other estir,,i.ted costs were relatively good, if you take this one estimating error inl.o consideration, mind, e cost us ti ftewou recave would been closer to $40,000 dollars. With this in We do this reluctantly mend that we accept the bid of Turner Construction, however, we feel that rebidding the project will only cause a delay and in all probability will increase the cost of the project, DEPARTMENT OF COMMUNITY DEVELOPMENT ti.r rl I I I F 'CITY OF DENTON r MEMORANDUM TO., Mayor and Members of the City Council FROM: Bill Angelo, Administrative Assistant DATE: June 21, 1979 SUBJECT: Agenda item #13 - [Windsor Street Paving I have been advised by Rick Svehla, Director of Public Works, that Agenda back-up for this item will be delayed due to checking to see that the bond fund will be able to absorb costs over the estimate. This material will be hand delivered to you prior to the City Council meeting on Tuesday. • r 9 BA: jm f 1 i i I I 71 CITY OF. DENTON MEMORANDUM T0; Mayor and Members of the City Council FROM: Bill Angelo, Administrative Assistant' i DATE: June 21, 1979 z SUBJECT: Agenda Item 014 - Welch Street Paving I have been advised by Rick Svehla, Director of Public Works$ that Agenda back-up for this item will be delayed due to complications beyond our control. This material will be- hand delivered to you prior-to the City Council meeting on Tuesday. 1 e1 ~ 1 BA:Jm s i • i 1 i t: s , % city of Denton. Memorandum f. June 26, 1979 AGENDA ITEM: Consider acquiring additional easements for drainage improvements on the main channel of a Sycamore Street. INTRODUCTION: One of the projects approved in our 1918 Comm,,nity Development Program is the widening of the main channel of Pecan Creek in the vicinity of the Dreamland apartments. Ve have previously obtained the Council's authori- zation to begin acquisition procedures for property and easements necessary for this work from the Sheppard Darrow Estate. In meeting with Mr. Bob Woodin, Estate Manager for the Sheppard Darrow Estate, it was discovered from an old plat that the property the City is interested in acquiring for a park and necessary drainage improvements for Lower Pecan Creek, did not extend westward across the branch that drains into the Creek. The property description calls for the western boundary of the estate property to follow the centerline of the branch (Tributary C). The property located to the east of the branch is owned by Mr. Sherman Byrd {see attached map). In discussing this situation with Public Works Director Rick Svehla, it appears that it would be in the best interest of the, City to acquire an easement from Mr. Byrd in order that the tityy could complete construction of the proposed channel. Also, since it will be of earthen embankment type design, the City will need the easement for future maintenance. STAFF RECOPM DCTION; The staff recommends that we acquire the necessary easement as indicated y on the attached map. LTEA RNA'T1VESc Li The channel could be moved further north and east to avoid this property. f ACTION REQUIRED: + The City Council should move to direct the staff to acquire the necessary y easement as indicated on the attached map. EIUIIBI fs; a Memorandum s i b;p I . . oil • 1 K4Y1'r V 91 0 O 9 54 11 92 ~ 27 0 1 55 , a 93 V e 94 64 63. 62 61 60 59 58$ 56 R 57 50' 50' 5d 5d' I so' so' 15d 95 r1048 50 50 50 50 6S 6S 96 35.9 97 98 99 99.1 99.2 99.3 100: ce ` o~~ ppe ~ I ei I Oo G c I N 35 139 o?d Poo, 165.9` .4~ !e 6 5d 5d 50• 5d . q I 4 t •Q o°a s40, ~~~~1111 1 118 117 116 115 114 opt 5d !d 56 -,15' EAST PRAIRIE 50 so 50 so S s0 150 19c 12S 136 137 138 7 108 109 110 111 112' !r3 i i 9o to Q• ,o, PROPOSED DRAINAGE EA ENT { . 272 m 10~ 106.1 9 280` iod d 100 194 MS 100 57 k r°r I e,s . I , E r I City of Denton Memorandum June 26, 1979 AGENDA ITEM: Consider acquiring additional property for drainage improvements on the south fork of Pecan Creek near Prairie Street. INTRODUCTION: The City's 1977-78 and 1978-79 Community Development Block Grant Programs included as appro-,ed projects "Drainage Improvements" for a portion of a branch of Pecan Creek (tributary C) and for an area along Lower Pecan Creek. At the regular City Council meeting on March 2i, 1978, the Council authorized the hiring of James Hinsley to appraise necessary properties along the tri- butary of Pecan Creek, and also instructed the staff to acquire necessary drainage casements where adequate channelization of the tributary could be accomplished, The properties and owners of concern were: 1, Mr. A. M. McDade Block 272, Lot 106 2. Mr. C. P. and Mrs. Mary Reed. Block 272, Lot 106.1 3, Mr, " Burnett and Mrs. Loretta Flemings Block 272, Lot 136 • All three tracts of land are located ,in the Fir' Sisco Survey Abstract 11184. The lots are situated to the east of Bradshaw Street and to the south of East Prairie Street. The attached map shows the location of the properties, the existing Pecan Creek tributary, the proposed drainage chahroli the ease- ments which have.been purchased, and the easements which are still needed._ f F E Initial. easements were acquired from Mr. A. M. McDade (Block 272, Lot 106)0 and from Burnett and Loretta Flemings (Block 212 Lot 136) on June 16, 1978. Checks for the easements were disbursed to them In July 1478 Some compen- sation for'dama es on proceedings remaining property was Inc uded to this acquisi- eedings were initiated a9ainst C, P. and Mary Reed tion. Condemnati g roc I~ k (Block 272, lot 106.1),-but were never completed. The City Engineers, because of increased construction and materials costs had to redesign the proposed channel, They changed their design from a concrete lined channel to an earthen embankment typa channel which necessitated acquisition of additional easements from the same three property owners. At the regular City Council meeting on May 1, 1979, the Council authorized I~ the'staff to acquire additional land for a wider easement from the,same j roperty owners, A. M. McDade, C. P, and Mary Reed, and Burnett and Loretta y h Flemings. 1 THE R BLE : The staff, in its attempts to acquiro the additional easements have en- t countered some minor problems which"are: i i i 4 , l i WIWI 2 1) A. M. McDade (Block 272, Lot 106): Mr. -McDade desires the City to acquire the entire remaining portion of his Lot 106. 2) C. P. and Mary Rped (Block 272, Lot 106.1): The Reed's desire the City to acquire all of Lot 106.1. An easement has not been previously purw chased from them. 3) Burnett and Loretta Flemings (Block 272, Lot 136): The Flemings' desire the City to acquire the entire remaining southeni portion of their Lot 136, which has been separated because of the initial easement acquired from them. GENERAL ASSESSMENT: 1) The property of Mr. A. M. McDade, Lot 1066 is now undeveloped and con- sidered a land locked tract because of the city's existing drainage easement. This easement has denied Mr. McDade direct access to the remainder of this tract for any future development or practical use; The appraiser has classified the remainder of this lot as likely being damaged to the extent that it has a non-marketable value. F 2) The property of C. P. and Mary Reed, Lot 106.1, is currently an undevel- oped, land locked tract and for all practical purposes is considered undevelopable. However, in acquiring the drainage easement the City will further damage the remainder of the tract for any development` potential. The remainder would be classified by the appraiser as likely eing damaged to the extent that It has a non-marketable value. 3) ' The portion of the property of Mr. and Mrs. Flemings' Lot 136, located ! south of the existing drainage easement, is land locked and undeveloped, This remaining tract or part of Lot 136 would be classified as likeiy i being damaged to the extent that 11 has a non-marketable value. I 4) In checking with the City Attorney's office, they advised that the City might.be responsible•for acquiring the remainder of the tracts of con tern since a "partial takingu.for drainage easements has damaged the properties to a non-marketable'value please refer to Vernon's Annotated Civil Statutes, Article 3266, Section 3). The Department of Nbus A and Urban Development publication 448-CPD, rebruary 1977, on 00 111 states that the public agency must offer to buy, the remaining portion of land that has bean or will be damagod,should a partial taking leave the remaining portion with a non-marketable value. The land appraiser has also recommended that the City acquire the remaining parcels because, based on previous experiences, the courts would probably require the ! City to acquire these tracts b';Ause of the non-market values. 5-) The Denton Housing Authors#y has agreed to maintain the tracts of con- tern and would use the land, not directly involved for the drainage channel, as an open =apace area for the Dreamland Apartments i S I i 3 STAFF RECOMMENDATION: In evaluating the current situation, the staff recommends that the City revise land acquisition proceedings on the following trpts by: 1. Purchasing the remainder of Lot iub, Block 272, which 1s ownec'Dy Mr. A. M. McDade. The City would obtain Fee Simple Title to that por- tion of Lot 106, excluding the previously purchased easement that was obtained in 1978. 2, Purchasing the entire tract of land referred to as Lot 106.1. Block 272, which is owned by C. P. and Mary Reed. The City would obtain Fee Simple Title to this tract. 3. Purchasing the remaining southern portion of tot 136, Block 272, which is owned by the Flemings. The City would obtain Fee Simple Title to r that portion located south of the existing drainage easement which was acquired in 1978. ACTION NECESSARY: [ Council should move to acquire a portion of Lot 106, Block 272; all of Lot 106.11 Block 272; and a portion of Lot 136, Block 2721 as indicated by the attached map. ! ALTERNATIVE ACTION: In considering other alternatives, the City could: a 1. Continue with the present land acquisition process with the possibility that property owners might refuse to sell'the easements and the matter might go to court. This could severely delay the construction of the channel, likely permit construction costs to increase, and affect our ; performance record with the Department of Housing and Urban Development. 2. Not do anything at all' and;remove the channe•izatio'n,- rolect from the approved program. By removing this project t would probably affect our overall rating with the Department of Housing and Urban Development; thus, they could possibly require the City to return a portion or all p ~J of the CDBO funds for that program year. i EXHIBITS: • S i a3 Mew b Map r 1 it 35 M 124 123 ta5' _ _ 161.01 J JQ JO 5U 5~' fi 122 i o 121 i n I , 345' m - 119 118 117 116 115 114 139 120 F,I 0 19 6' 105 136 137 107 110 III 112 11.3 104 n f45' 'IcDAUEII F'LEMING k 10:5. o i `rJ 102.1 { I I 101'^ i 19t foo'"- _ eo' ioo".~. iyo f45 i h 1 ~J 9 • 'v .N O N fl~ 8.2 8 8.3 8.1 6a7 6.1 EASE ENTS AC UIRED 1 1978 INITI L EASEM NT Kati' • ,R 1 0 oo'_ JCK; JOo~ fay' ADWTIONAL EASEMENT NEEDED _ - ` WILSON ?os' RIVE cl, ,I 10 1 2 380 5 6 6.1 6.2 • lAlrl~ . F IIt DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION SOUTHWEST REGION - o\~►\ 4Y~*~i } P. 0. 9091660 /ORf MOM T[9AS 76101 JUN 5 1979 , ,a of Mr. W. King Cole Assistant City Manager City of Denton Denton Municipal Building d Denton, Texas 76201 I Dear W. Cole1 Vb anticipate an allocation in the near future for the overlay of the _ runway and associated taxiways at Denton Municipal Airport. You are encouraged bo have your oonsultant proceed with the preparation of ' plans and specifications for this work. This will enable us to ' possible ~~.t under grant and begin construction at the eazliest I if you have any questions or we may be do not hesitate to call. of assistance at any time, Sincerely, L. b'✓ Chief, Engineering aryl Certificati!x1-Branch, AW-620 1 I JUN 06 1919 CITY OF DEN70N MANAGER'S OffICE I r CITY OF DENTON MEMORANDUM DATE OF MEETING: June 26, 1979 AGENDA ITEM: i Consider the recommendation of the Research and Economic Board to continue our membership in the North Texas Commission. SUMMARY: The City of Denton entered into a contract in May, 1978, joining the North Texas Commission. The North Texas Commission is,an independent, non-profit corporation established under the laws, of the State of Texas for the purpose of developing and implementing a comprehensive marketing program for all the North Texas region. The goal of their marketing plan { is to solicit new industries for this North Texas region. This contract and our membership in the North Texas Commission is set up on an annual ~ basis, and if the City of Denton desires to retain membership in the North Texas Commission, the Council must renew the contract. FISCAL SUMMARY: Membership in the North Texas Commission requires an annual pledge k based on .11t per capita. Based on last year's population pro,iection, I the City of Denton paid $5,665 for a membership in the North Texas Commission. The bill that they have sent us for membership for another year is for the same figure of $5,,665. AC71ON REQUIRED: If the City Council desires to retain membership in the North Texas Commission, they should, by minute order, extend the contract with the North Texas Commission and direct the City Manager to send them a check for $5,665 for membership dues. ALTERNATIVES: City of Denton Research and Economic Development Board could estpblish a marketing and advertising program of it's own to solicit industry to Denton, Texas. STAFF RECOMMENDATION: The City of Denton Research and Economic Development Board has ' considered this item at their meeting and it is their recommendation that we remain members of the North Texas Commission and pay the membership dues from the RED Board's approved budget. j w. I i EXHIBITS: 1. Statement from the North Texas Commission. 1 II. Contract for membership in the North Texas Commission. i 5 1 1 f J r; t t i I I I i ~ Iw I • 1 l' 1 i 71 STATEMENT NORTH TEXAS COMMISSION P. 0, Box 61246 D/FW Airport, Texas 75261 Phone: 214/574-4430 (Metro) r City of Denton Municipal Building ' Denton, Texas 76201 Attn:` Chris Hartung, City Manager • L. ff 5/30/79 1979 Pledge $S,66S.00 JUN 11919 I ~ . CITY OF DENTON MANAGER'S OFFICE M THANK YOU! I I i 1, IT f I TFSB STATE OF TEXAS 10i0M ALL MEN SY THESE PRESENTS! COUNTY OF DENTON This Contract and Agreement node and entered into on the 1L,~'! day of 6(1 A. D., 1974, by and i between the City of Denton,)Texas acting by and through its duly authorized City Manager, hereinafter referred to as the "City" and the North Texas Commission acting by and through its duly authorized President, hereinafter referred to as the "Commission", MI TNE_S5ETH WHEREAS, the Commission is an independent, non- profit corporation established under the laws of the State of Texas for the purpose of developing and implementing a com- prehensive marketing program for the North Texas Region which 1 `f a Region includes Denton County and the City of Denton, Texts, ; and I WHEREAS, the success or fallure of the Commission's, i purposes and objectives has a direct impact upon the health, norals,'confort, safety, peace, good government and welfare rt of its citizens; - NOW THEREFORE, In consideration of the mutual covenants and agree rents hereinafter set forth, the pariias do hereby covenant and agree as follows! E ARTICLE I i The Commission shall commence the services contem- plated to be furnished and performed hereunder on the ILK day of~ 1970. ARTICLE 2 s The tern of this contract and agreement shall be for a period of three (S) years from the ii,{ day of NON _f 197 1 i 1 I ARTICLE 3 City agrees to pay to the Commission as compen- action for services rendered hereunder the sum of WC6 I per annum, payable as follows: j_M . pmt Ow A~ G~+lol .~rafA~t~. t i ARTICLE 4 I 1 The Commission covenants and agrees to 89 Provide statistics, studies, charts, graphs and ' other materials reflecting present or potential economic development of the Region. b) Make,avsilable to the citizens and residents of the City such materials, including economic research, as it has and may develop, gather or produce for C t • enhancing the economic heath and well-being of the s { North Texas Region. j c) Furnish regular reports through its published periodicals end newsletters to the City's Council E with the understanding that such reports x111 also j- be furnished the local news.1nedia for dissemination r to the general public. d) Continue its current successful programs and imple- ment such new and innovative programs as will further' its corporate objectives and common City's interests and activities, ARTICLC S It is covenanted and agreed that the Mayor'of the j City shall be an ex-officio member•of the Board of Directors of the Commission. If the Mayor is unable to serve, hls position on the Board will be filled by'an appropriate designee. ARTICLE 6 i The Commission agtoes to assume and does hereby assume all responsibility and liability for damages sustained - i by persons or proporty, whether real or asserted, by or from f the carrying on of work or in the performance of services per formed and to be performed hereunder. The Commission covennnts 3 and agrees to, and does hereby indemnify and save harmless J the City and all of its officers, agents, ane employees from 1 all suits, actions or claims of any character brought for or on account of any injuries or damages, whether real or asserted, sustained by any person or property by or in consequence of any neglect, omission, act or conduct of Commission, its agents, servants or employees. ARTICLE 7 ` Notwithstanding the provisions of Paregrarh 2 above, it is agreed this contract may be cancelled and terminated by either party upon giving thirty (30) days written notice so x to cancel or terminate to the other party hereto. The terminal 30 days shall commence upon receipt of such notice by the addressee and shall conclude at midnight on the 30th day thereafter. In the event this contract terminates under the provisions of this paragraph either unilaterally or by agree- ment of the parties, if not otherwise stipulated, It is agreed only the pro-rata portion of the terminal monthly installment for service shall be paid on the 1st of such terminal month. Upon payment or tender of such amount, all of the City's s i obligations hereunder shall be.discharged and terminated and no action shall lie or accrue for additional, benefit, conside , i. ration or value for or based upon the services performed under or pursuant to this agreement. F' ARTICLE 8 Commissloii shall pay all taxes, royalties, and expenses incurred in connection with services under this I i agreement, except as provided in Article 3 herein. ARTICLE 9 Commission shall observe and abide by all applicable ' federal laws, state statutes and the Charter and Ordinances of tho City of Denton, and all rules and regulations of ony lawful regulatory body acting thereunder in connection with the services performed hereunder. If i T a { 71 ARTICLE to No member of or delegate to the Congress of the i united States shall 'ba mim1LLON L%I a.y' oi.a av v a ya,L Va Luia contract or to any benefit arising therefrom. ARTICLE 11. S r No member, officer or employee of the City of of any local public body, during his tenure or-one (1) year thereafter, shall have any interest, direct or indirect, in i this contract or the proceeds thereof. This prohibition is not intended and should not be construed to preclude payment { of expenses legitimately incurred by city officials in the ! conduct of Commission business. E ARTICLE 12 { I ' Venue of any action brought on or under this agree- ment shall lie exclusively in Denton Cjunty, Texas. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed by their proper corporate officers as first above specifiod,,and have caused their proper corporate 1 seal to be hereto affixed the day and year first above written. CITY BY City Manager ATTEST: ..G~ecre ra y APPROVED AS TO FORM AND LEGALI.TY: - ~ttorney I, NOR WTXAS COMM SSION ! SY: C ! e ent ATTEST:' ` i acrs' etary APPROVED AS TO FORM AND LEGALITY: Zf/ porno,, cnurn oun""scT I CITY OF DENTON MEMORANDUM DATE OF MEETING:June _2.6, 1979 , _ . - AGENDA ITEM: Bid 38672 water Treating Chemicals ' FISCAL SUMMARY: This is for the yearly supply of chemicals for the treatment of water and waste water anJ this comes from budgeted funds. Prior to 1974 we received firm bids for one (1) year on chemicals, but now only a few items as indicated on the tabulation sheet are firm bids. ACTION REQUIRED: Approval of evaluated lowest responsible btd as recommended. ALTERNATIVES$ None. STAFF RECOMMENDATIONS: We recommend this bid be awarded to the lowest responsible bidder for each item as follows. Item one to Ameri-Gas, SEC Division, Ft. Worth at $202.16 per ton cylinder of Chlorine. Item two, Sodium Nexametaphosphate, to Stinnes Chemical at $•3615 per pound. Item three, Alumiaum'Sulphate, to Stauffer Chevical Company of Houston, Texas at $196.60 per ton. Item four, Quick Lime, to Texas Lime.at $52.18 pier ton, bulk. Round Rock Lime is $1.98 per ton less than Texas Lime; but their bid is not firm and subject to inerea3e'vith 30 days notice and subject to their terms and conditions Which we cannot accept. Item five, to Thc.mpaon-Hayward J at $.1880 per pound. Item six, Sulferic Acid to Stauffer Chemical Company at k $46.33 per ton. i WIBITSt Tabulation sheet. 4 *aas ll, C.P.Hnt t { 't BID # 8672 BID Eater Treatment Chemicals OPEN June 12, 1979 McKesson Stauffer Thompson- Stinnes Texas Round SEC ACCOUNT Chemical Hayward Lime Rock Ameri-Cas_ # --QTY ITEM DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR 1. 120/T Liquid Chlorine $203.80 $202.10 2. 60m/1 . Sodium 8exametaphosphate 4362/lb. .41311b. .3615/lb. 3. 2501T Aluminum Sulphate 233.00 169.60 . i 4. 2251T Quicklime 52.18 50.20 j t f f 5. 30m/1 .'Sodium Silicofloride .1880/lb. :2040/lb. I( ~ f 6. 200/T Sulfetic Acid 660 Commercial grade 46.33 52.15 49.15 Prices ub ect to Su ect t Escalation Eacalatio Firm Firm Firm Escalatio Firm i { TOTAL ESTIMATED YEARLY SUPPLY COST IS $114x98 .50 i . i I g P { I t CITY OF DENTON MEMORANDUM r/ DATE OF MEETING: June •26. 1979\ AGENDA ITEM: Bid 0 8667 'Fence around North eDproach lights Denton Airport FISCAL SUMMARY: This'project is a continuation of Capital Improvements, City of Denton and FAA joint funding. ACTION REgUIRED: Approval by Council. ALTERNATIVES: None. STAFF RECONMENDATIONs We have sent this bid with other information needed to FAA, Mr. Gene L. Faulkner,-who has reviewed and given approval, see attached letter. Therefore, we recosmnend'this bid be awarded to Sadler Farm Supply at $60755,00. We sent this bid to ten prospective vendors and received only this bid.. The bid amount is in line with the additions as required by FAA. Our original estimate was $5,000.00 before the additions. EXHIBIM Letter from FAA, Mr. Cene L. Faulkner. John J. Marshall, C.F.M Porchasing Agent ! a , j 3 i t i S I DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION I SOUTHWEST REGION P. 0, box 1669 JUN G 19T9 r0R1 W0ATK TPIAS 76301 ! f } Nglt► 1 W. John J. Marshall, C.P.M. Purchasing Agent City of Denton Denton Municipal Building Denton, Texas 76201 Dear Mr. Marshall= f 1n response to your letter of May 31, 19790 we concur in the award of the construction contract for fenoinlg on Project No. 5-48-0067-04 at Denton Municipal Airport, in the amount of the low bid as followss j Sadler Farm MTlement F4ute 31 Box 48 Witesboro, Teas $6,753.00 Your attention is invited to the fact that the prknary responsibility 1 falls upon the City of Denton regarding o mpliance with local statutes, ordinances, charter provisions, etc., relating to the award of contracts and the performance of construction work. Ealbsegaent to the award of contract, please furnish this office with one signed or oonforned copy of the contract documents consisting of the i invitation for bids, proposal, wage rates, contract agreement, bonds, i general provisions, speciAl provisions, specifications, and addenda, if any. A copy of the Power-of-Attorney of the person signing the bomU mast be included. Authorization to issue a notice to proceed will not be given until the above contract documents have been received in this office and reviewed. If you have any questions or we may be of service, do not hesitate to Call at any time. Sincerely, r e GENE; L, FAt?LtO~t ' Chief, Engineering and Certification Branche ASW-620 r I I s