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HomeMy WebLinkAbout03-01-1983 NOTICE OF( VURx»'SESS1UN.> kifiGULAR SPUCJAL CALLUD - EMBRUNCY ,-WEE ING QF THU , (wF TH CITY OF UUNTUN, 'i'UXAS, Notice is hereby give i th on they day of , 19 the o e City of Denton; 1oxas w toi-ld J wo on rcgu ar special called emergency me it~g at '-Cock, gin. in the of the ~unicipal Buillinf;ocatod at 215 ast ,c nney Ben on, exas The subjects to be considered are listed on the Aga da which is attached hereto and make a part of this notice. If during the course of tho meeting covered by this notice the Board/Commission should determine that an executive meeting of the board/Commission, or a consultation with the City's attorney should be held or is required, then such executive meeting or consultation with the City's attorney as authorized by Article 6252-17 Revised Civil Statutes of 'texas will be held by the Board/Commission at the date, hour, and place given in this notice or as soon after the commencement of the meeting covered by this notice as the Board/Commission may conveniently meet in such executive meeting) or consult with the City's attorney concerning any and all subjects and for anyy and all purposes permitted by Section 2(b) through section 2(p), inclusive, of said Article 62$2-17, including, but not limited to; Section 2(c), Section 2(e), Section 2(f), Section 2(:g), and Section 2(j) and as marked In the attached Agenda. Should any final action, final decision, or final vote be required in the opinion of the Board/Commission with regard to any matter considered In such executive meeting or consultation with the City's attorney, then such final action, final decision, or final vote shall be at either; (a) the public meeting covered by this notice upon the reconvening of this public meeting, or (b) at a subsequent public meeting of the Board/Commission upon notice thereof, as the Board/Commission shall determine. Un this k. day of 97,1-it:4z'I 41A , 19e, the original of this instrument was filed among the o ial records of the City of Denton, 'texas, and an original copy was osted on the bulletin board in the main lobby of the Municipal Building of the City of Denton at o'clock, m, on said date. 41), / 16 7~ l CHARLOTTE ALLEN, M7TS Z CITY OF DEWrON, TEXAS 0214C 1 NOT1Cii OF WORK SESSIUN - ALGULAR (488PHCIAL CALLI9.,..-' BMERGENCY MEETING UN THE OF THE CITY OF Db 'fON, TfixAS, Notice is hereby ,given, that on t}e da,y o( 19 , the _ o e C&y 04 Denton, exas Will l ho wor r e s on - regular - pe ~ al ell " 2- emer ns~y meeting at 'work ;~a-- o'clock, m,,--in 1 ZZ, t - - of~e"Municipal But ng ocated at 21S as Ic nney, enton, ex as. The subjects to be considered are listed on the Agenda which is attached hereto and make a part of this notice, If during the course of t.ho meeting covered by this notice the Board/Commission should determine that an executive meeting of the hoard/Commission, or a consultation with the City's attorney should be held or Is required, then such executive meeting or consultation with the City's attorney as authorized by Article 62$2-17 Revised Civil Statutes of 'texas will be held by the Board/Commission at the date, hour, and place given In this notice or as soon after the commencement of the meeting covered Y by this notice as the hoard/Commission may conveniently meet In such executive meeting, or consult with the City's attorney concerning any and all subjects and for an and all purposes permitted by Section 2(b) through Section 2(p), inclusive, of said Article 62S2.17, including, but not limited to: Section 2(c), Section 2(e), Section 2(f), Section 2(g), and Section 2(j) and as marked In the attached Agenda. Should any final action, final decision, or final vote be required in the opinion of the Board/Commission with regard to any matter considered in such executive meeting or consultation with the City's attorney, then such final action, final decision, or final vote shall be at either: (a) the public meeting covered by this notice upon the reconvening of this public meeting, or (b) at a subsequent public meeting of the Hoard/Commission upon notice thereof, as the Board/Commission shall determine, Un this r''day of & L , ly , the original of this instrument was filed among the o ricial records of the City of Denton, Texas, and an original copy was posted on the bulletin board in the main lobby of the Municipal Building of the City of Denton at : o'clock,--m, on said (late, I b AL ,i,, r 9UN- t CITY OF DENTON) TEXAS 0214C NQT1C8 UP $YORK -6 UN RHGU1,A~ SPECIAL CALLED • HHERGENCY MEETING CI'T'Y OF UHNTON, TUXAS, U Notice is hereby i Dv n that on the day of 19 t ii e ~y, o_ f _ t o City of Denton, texas w 1o a' wor 'session - ee special called - emerg y m ting at o'clock, m,, in tike 41-14 J; oficlpal Bui'lc~ing located at 215 ast McKinney, , Denton, Texas, The subjects to be considered are listed on the Agenda which is attached hereto and make iA part of this notice, If during the course of tho meeting covered by this notice the Board/Commission should determine that an executive meeting of the Board/Commission, or a consultation with the City's attorney should be held or is required, then such executive meeting or consultation with the City's attorney as authorized by Article 6252.17 Revised Civil Statutes of Texas will be held by the board/Commission at the date, hour, and place given In this notice or as soon after the commencement of the meeting covered by this notice as the Hoard/Commission may conveniently meet in such executive meeting, or consult with the City's attorney concerning any and all subjects and for any and all purposes permitted by Section 2(b) through Section 2(p), inclusive, of said Article 6252.17, including, but not limited to; Section 2(c), Section 2(e), Section 2(f), Section 2(g), and Section 2(j) and as marked in the attached Agenda. Should any final action, final decision, or final vote be required in the opinion of the Board/Commission with regard to any mutter considered in such executive meeting or consultation with the City yIs attorney, then such final action, final decision, or final vote shall be at either,. (a) the public meeting covered by this not lee upon the reconvening of this public meeting, or (b) at a subsequent public meeting of the Board/Commission upon notice thereof, as the Board/Commission shall determine, On this , day of , 19 the original of this instrument was filed among the o icial recorZis of the City of Denton, 'T'exas, and an original copy was posted on the bulletin board in the main lobby of the Municipal Building of the City of Denton at o'clock, m. on said date. T T. 7 N, GIFY 5EURE TR CI'T'Y OF DEVON, TEXAS 02140 AGENDA CITY OF DENTON CITY COUNCIL. March 1, 1983 Work Session of the City of Denton City Council on Tuesday, March 10 1983 at 5,30 p,m, in the Civil Defense Room of the Municipal Building at which the following items will be considered. 5:30 p.m, 11 Consider authorizing First Southwest Company to proceed with advance refunding of utility revenue bonds. 2. Executive Session: A. Mal Matters Under Sec. 2(e), Art, 6252-17 V,A,TaS, 81 Real Estate Under Sec, 2(f), Art, 6252-17 V,A.T.S. C, Personnel Under Sec. 2(9), Art 6252-17 V.A,T.S. D. Board Appointments Under Sec. 2(g), Art 6252-17 V,A,T,S. Joint Meeting of the City of Denton City Council and the Denton #County Commissioners on Tuesday, March 1, 1983 at 7:00 p,m, in the Council Chambers of the Municipal Building at which the following items will be considered, 7;00 p.m, 1. Presentation by First Texas Medical, Incorporated relating to the sale of Flow Memorial Hospital, Regular Meeting of the City of Denton City Council on Tuesday, March 1, 1983 at 8:00 p.m, in the Council Chambers of the Municipal Building at which the following items will be considered. 8:00 P.M. 1. Approval of the Minutes of the Regular Meeting of February 15, 1983, 2. Consent Agenda: Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. City of Denton City Council Agenda March 1' 1983 Page Two A, Bids and Purchase Orders; 1. Bid 9092 - Remote terminal units 26 Bid 9111 - Renovation of temperature control system and Bid M 9116 - Real time load programmer 3, Bid # 9112 - Pickups, trucks and sedans 4. Bid # 9113 - Office furniture 51 Bid 4 9114 - Janitorial service r 6. Bid p 9118 - Relays 7. Bid 0 9120 - Sale of surplus GE transformer 81 Bid d 9121 - Re-roof Civic Center Building 8. Change Orders; 11 Consider Change Order N1 of Contract C-48-1188-13 Hickory Creek Lift Station for Red River Construction Company, (The Public Utility Board recommends approval,) C. Plats and Replats; 11 Approval of the final plat of the W, Lamont Brown Addition, (The Planning and Zoning Commission recommends approval,) 2, Approval of the final replat of dots 1.0A block 14, Carroll Park Addition. (The Planningg and Zoning Commission recommends approvai.) 3. Approval of the final replat of the Oaks Addition. (The Planning and Zoning Commission recommends approval,) 4. Approval of the final replat of the Southmont Place Addition, (The Planning and Zoning Commission recommends approval.) 5. Approval of the final replat of the Teasley Mall Addition. (The Planning and Zoning Commission recommends approval,) .j City of Denton City Council Agenda March it Page Three r 30 R e c ive a report from the Denton Committee on 5mp~oyment of the Handicapped, 4, Public Hearings; A. Z-1556 This is the,petition of Paul 6, Schueler requesting a change in zoning from multi-famil (MF-1) to the planned development (PO} classification for a neighborhood service use on an approximately 0,300 acre parcel located on the north side of Londonderry Lane, beginning adjacent and west of the Toddler Town Day Nursery, If approved, the planned development (PO) would permit the construction of a laundromat/dry cleaners. (The Planning and Zoning Commission recommends approval,) 1, Adoption of ordinance charging the zoning from multi-family (MF-1) to the planned development (PO) classification. B, Z-1557 This is the petition of Jack Bell, Jr. requesting a change in zoning from 11ght industrial (L1) to the planned development (PD) classifiju~iIon on an approximately 0.85 acre parcel )cm 4ted along the west side of FM 1830 (Country Club Road) beginning approximately 350 feet ;;uuth of the intersection of FM 1830 and Hobson Lane, if approved, the planned development PD) would permit the construction of fourteen (14~ single family attached (townhouse) structures. (The Planning and Zoning Commission recommends approval,) 11 Adoption of an ordinance changging the zoning from light industrial (Li) to the planned development (PD) classification. C. Z-1561 This is the petition of Joe Below requesting a change in zon;ng from single family (SF-7) to the planne.~ development (PD classification for multi-family use on an approximately 12,000 square foot lot located at 1411 Bernard Street, If 'approved, the planned development (PO) would permit the development of four (4) two bedroom multi-family units. (Thc Planning and Zoning Commission recommends approval.) 1. Adoption of an ordinance changing the zoning from single family (SF-7) to the planned development (PD) classification. ' City of Oenton City Council Agenda March 1, 1983 Page Four 5,, Preliminary Plats., A, Consider the preliminary plat of the Sandy Hill Addition (Mobile Home Subdivision), (The Planning and Zoning Commission recommends denial.) B, Consider approval of the preliminary plat of the Sandy hi II Addition (One lot Subdivision), (The Planning and Zoning Commission recommends approval,) b Ordinances: A. Consider adoption of an ordinance instItutin annexation proceedings on a 456 acre tract o? land located along the east side of FM 2181 (Teasle Lane) and the north of Robinson Road. (Z-1560 7. Resolutions: A, Consider a resolution relating to the issuance of bonds by the North Texas Higher Education Authority, Inc,, approving the issuance of one or more series of bonds; and making certain findings in connection therewith. B. Consider a resolution authorizing the Mayor to execute a railroad wireline license with the Missouri Pacific Railroad on behalf of the City of Oenton. 8. Review and consider changes to the truck route ordinance, 9, Consider a Change Order with Freese and Nichols, Inc., for engineering for the Hickory Creek Lift Station, EPA Project C-48-1188-13. (The Public Utility Board recommends approval.) 10 , Consider option agreement to sell diesel engines. (The Public Utility Board recommends approval,) 1.3., Consider an engineering services contract with Freese and Nichols Inc,, for the evaluation of location and preparation of plans, spec-lfications and bidding documents for a back up high service pumping unit and associated piping at the Water Treatment Plant. (The Public Utility Board recommends approval,) .'City of Penton City Council Agenda March 1, 1983 Page Five 12. Consider abandonment of an easement in the James Dougherty Addition, Golden Triangle Development Corporation. (The Public Utility Board recommends approval,) 13. Consider approval of a contract with Alexander Grant to conduct the audit of the Firemen's Relief and Retirement Fund, 14. Consider establishing a policy prohibiting smoking at public meetings of all City Council, Boards and Commissions Meetings in the Council Chambers 15• Consider joint pole use agreement between the City of Denton and North Texas State University. (Public Utilities Board recommends approval,) 16. Official action on Executive Session items: A. Legal Matters B. Real Estate C, Personnel D. Board Appointments ]7. New Business: + This item provides a section in which to suggest new items of business for future agendas. i 0669C c AGt;NUA 13tftRGE,NGY AUDLNUUM CITY UP DENTON G1TY COUNCIL March 1, 1983 KequesL co hang banner across public SLreeC. i U701C gMM KNCYNAUUMUM CITY OF DENTON CITY COUNCIL March 1, 1983 i, Request Co hang banner across public aCreeL. 0701C ~n AGENDA CITY OF DENTON CITY COUNCIL March 1, 1983 Work Session of the City of Denton City Council on Tuesday, March 11 1983 at 5;30 p,m, in the Givil Defense Room of the Municipal Building at which the following items will be considered, 5;30 pm, 1. Consider authorizing Firs(; Southwest Company to proceed with advance refunding of utility revenue bonds. 2, Executive Session: A, Le9/1al Matters Under Sec, 2(eArt. 6252-17 V,PS,T,S, B, Real Estate Under Sec, 2(f Art, 6252-17 V#A,T.S, C, Porsonnel Under Sec. 2(g), Art 6252-17 V.A,T,S, D. Board Appointments Under Sec, 2(g), Art 6252-17 V.A,T,S. Joint Meeting of the City of Denton City Council and the Denton County Commissioners on Tuesday, March 1, 1983 at 7:00 p,m, in the Council Chambers of the Municipal Building at which the following items will be considered, 7:00 p.m, 1. Presentation by First Texas Medical, Incorporated relating to the sale of Flow Memorial Hospital, Regular Meeting of the City of Denton City Council on Tuesday, March It 1983 at 8;00 p.m, in the Council Chambers of the Municipal 8uilding at which the following items will be considered. 8;00 p,m, 1. Approval of the Minutes of the Regular, Meeting of February 15, 1983. 2, Consent Agenda: Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. City of Denton City Council Agenda March 1, 1983 Page Two At Bids and Purchase Orders; 14 Bid # 9092 - Remote terminal units 2. Bid # 9111 - Renovation of temperature control system and Bid N 9116 - Real time load programmer 3. Bid k 9112 - Pickups, trucks and sedans 4, Bid N 9113 - Office furniture 51 Bid 0 9114 - Janitorial service 64 Bid # 9118 - Relays 71 Bid N 9120 - Sale of surplus GE transformer 81 Bid # 9121 - ke-goof Givic Center Building 8. Change Orders; 11 Consider Change Order #1 of Contract C-48-1188-13 Hickory Creek Lift Station for Red River Construction Company. (The Public Utility Board recommends approval,) C. Plats and Replatsr 14 Approval of the final plat of the W. Lamont Brown Addition, (The Planning and Zoning Commission recommends approval.) 2, Approval of the final replat of lots 1-41A, block 14, Carroll Park Addition. (Th, Planning and Zoning Commission recommends approval,) 31 Approval of the final replat of the OaKs Addition, (The Planning and Zoning Commission recommends approval.) 4. Approval of the final replat of the Southmont Place Addition, (The Planning and Zoning Commission recommends approval.) 5 Approval of the final replat of the Teasley Mall Addition, (The Planning and Zoning Commission recommends approval.) City of Oenton City Council Agenda March 1, 1983 Page Three 3, Reciive a report from the Denton Committee on Empoyment of tha Handicapped, 4, Public Hearings: A, Z-1556 This is the petition of Paul E. Schueler requesting a change in zoning from multi-famiiy (MF-1) to the planned development (PD) classification for a neighborhood service use on an approximately 0,300 acre parcel located on the north side of Londonderry Lane, beginning adjacent and west of the Toddler Town Day Nursery, If approved, the planned development (PO) would permit the construction of a Laundromat/dry cleaners, (The Planning and Zoning Commission recommends approval,) 1, Adoption of ordinance changing the zoning from multi -family (MF-1) to the planned development (PD) classification, a, Z-1657 This is the petition of Jack Bell, Jr. requesting a change in zoning from light industrial (LI) to the planned development (PD) classification on an approximately 0,85 acre parcel located along the west side of FM 1830 (Country Club Road) beginning approximately 350 feet south of the intersection of FM 1830 and Hobson Lane. If approved, the planned development PD) would permit the construction of fourteen (14S single family attached (townhouse) structures, (The Planning and Zoning Commission recommends approval.) 1. Adoption of an ordinance changging the zoning from light industrial (LI) to the planned development (PO) classifiuation, C. 1-1561 This is the petition of Joe Belew requesting a change in zoning from single famii (Se_'/) to the planned development (W classification for multi-family use on an approximately 12,000 square foot lot located at 1411 Bernard Street, If approved, the planned develo ment (PD) would permit the development of four (p4) two bedroom multi-family units. (The Planningg and toning Commission recommends approvai.) I 1. Adoption of an ordinance changing the zoning from single family (SF-7) to the planned development (PD) classification, City of Denton City Council Agenda March 1, 1983 Page Four 54 Preliminary Plats: A, Consider the preliminary plat of the Sandy H i I I Addition (Mobile Home Subdivision), (The Planning and Zoning Commission recommends denial,) B. Consider approval of the preliminary plat of the Sandy Hill Addition (One lot Subdivision). (The Planning and Zoning Commission recommends approval.) 4 Ordinances; w A, Consider adoption of an ordinance instituting annexation proceedings on a 456 acre tract of land located along the east side of FM 2181 (Teasle Lane) and the north of Robinson Road, (Z-1560 7. Resolutions, A, Consider a resolution relating to the issuance of bonds by the North Texas Higher Education Authority, Inc., approving the issuance of one or more series of bonds; and making certain findings in connection therewith. B1 Consider a resolution authorizing the Mayor to execute a railroad wireline license with the Missouri Pacific Railroad on behalf of the City of Denton. 8, Review and consider changes to the truck route ordinance. 9. Consider a Change Order with Freese and Nichols, Inc., for engineering for the Hickory Creek Lift Station, EPA Project C-48-1188-13. The Public Utility Board recommends approval.) 10 , Consider option agreement to sell diesel engines. The Public Utility Board recommends approval,) 11 Consider an engineering services contract with Freese and Nichols Inc., for the evaluation of location and preparation rf plans, specifications and bidding documents for a back up high service pumping unit and associated piping at the Water Treatment Plant, The Public Utility Board recommends approval.) 1 1 City of Denton City Council Agenda March 1, 1983 Page Five 124 Consider abandonment of an aasement in the James Dougherty Addition, Golden Triangle Development Corporation. (The Public Utility Board recommends approval,) 130 Consider approval of a contract with Alexander Grant to conduct the audit of the Firemen's Relief and Retirement Fund, 14, Consider establishing a policy prohibiting smoking at public meetings of all City Council, Boards and Commissions Meetings in the Council Chambers 15. Consider ,oint pole use agreement between the City of Denton and North Texas State University, (Public Utilities Board recommends approval,) 16, Official action on Executive Session items: A. Legal Matters B. Real Estate C, Personnel U. Board Appointments 17, New Business: Phis item provides a section in which to suggest new Items of business for future agendas, 0669C AGENDA CITY OFMaN ON CITY COUNCIL rch it 1983 Work Session of the t:ity ofir Detf,~irCivI Defense Room ruOfdtlle March 1, 1983 at 5:30 P.M. Municipal Building at which the ,'ollowing items will be considered. 5;30 p.m, Consider authorizing First southwest Company to 1' proceed with advance refunding of utility revenue bonds. Executive Session. A. Legal Matters Under Sec. 2(eArt. 5252-17 V. . T . S . g, Real Estate Under Sec. 2(f), Art, 6252-17 V.A.T.S. C. Personnel Under Sec. 2(g), Art 6252-17 V.A.T.S. D, board Appointments tinder Sec. 2(gArt 6252-17 V.A.T.S. Joint Meeting of the City of Denton City Council and the Denton County Commissioners on Tuesday, March 1, 1983 at 7:00 pcm. in conicipal Building at whih the the Councilia~w111sbe of silered following Items 7:00 p.m. Pre.>entation by First Texas Medical, Incorporated 1. relating to the sale of Flow Memorial Hospital. Regular Meeting of the City of Denton City Council on Tuesday, March 1, 19113 at 8,.00 . whrtlch inththefollo c i I Chamberswiof the Municipal Building considered. 8:0'1j p.m. 1. Approval of the Minutes of the Regular Meeting of February 15, 1983. 2. Consent Agenda: the Staff and Each of these items is recommended by approval thereof will be str Ictlyof nthte eConsent Agenda Staff recommendations Ma nager or his designee to authorizes the City implement each item in accordance with the Staff recommendations. City of Denton City Council Agenda March 1, 1983 Page Two A. Bids and Purchase Orders; 1. Bid N 9092 - Remote terminal units 2, Bid R 9111 - Renovation of tomperature control system and Bid H 9116 - Real time load programmer 3. Bid b 9112 - Pickups, trucks and sedans 4. Bid k 9113 - Office furniture 5. Bid N 9114 - Janitorial service 6. Bid p 9118 - Relays 7. Bid N 9120 - Sale of surplus GE transformer 8. Bid N 9121 - Re-roof Civic Center Building B. Change Orders: 1. Consider Change Order N1 of Contract C-48-1188-13 Hickory Creek Lift Station for Red River Construction Company, (The Public Utility Board recommends approval.) C. Plats and Replats; 1. Approval of the final plat of the W. Lamont Brown Addition, (The Planning and Zoning Commission recommends approval.) 2. Approval of the final rep lat of lots 1-4A, block 14, Carroll Park Addition, (The Planning and Zoning Commission recommends approval.) 3. Approval of the final rep lat of the Oaks Addition. (The Planning and Zoning Commission recommends approval,) 4. Approval of the final replat of the Southmont P1 ace Addition. The Planning and Zoning Commission recommends approval.) 5, Approval of the final replat of the Teasley Mall Addition, (The Planning acid zoning Commission recommends approval.) City of Denton City Council Agenda March 1, 1983 Page Three 31 Raceive a repport from the Denton Committee on Employment of t. lie Handicapped, 4, Public Hearings; A. Z-1556 This is the petition of Paul E, Schueler requesting a change in zoning from multi - famiI ( MF-1) to the planned development ( classification For a neighborhood service use on an approximately U.300 acre parcel located on the north side of Londonderry Lane, beginning adjacent and west of the Toddler Town Day Nursery, If approved, the planned development (P0) would permit the construction of a Laundromat/dry cleaners. (The Planning and Zoning Commission recommends approval.) 1. Adoption of ordinance changing the zoning from multi-family (MF-1) to the planned development (PD) classification. B, Z-1557 This is the petition of Jack Bell, Jr. requesting a change in zoning from sight industrial (LI) to the planned development (P0) classification on an approximately 0.85 acre parcel located along the west side of FM 1830 f (Country Club Road) beginning approximately 350 feet south of the intersection of FM 1830 and Hobson Lane, If approved, the planned development (P0) would permit the construction of fourteen (14) single family attached (townhouse) structures. (The Planning and Zoning Commission recommends approval.) 1, Adoption of an ordinance changing the zoning from light industrial (LI) to the planned development (P0) classification, C. Z-1561 This is the petition of Joe Belew requesting a change in zoning from single family (SF-7) to the planned development (PO) classification for multi -family use on an approximately 12,000 square foot lot located at 1411 Bernard Street. If approved, the planned develo ment (P0) would permit the development of four N ) two bedroom multi - family u nits. (The Planning and Zoning Commission recommends approval.) 1. Adoption of an ordinance changing the zoning from single family (SF-7) to the planned development (P0) classification. City of Denton City Council Agenda March 1, 1983 Page Four Preliminary Plats; A, Consider the preliminary plat of the Sandy Hill Addition (Mobile Home Subdivision), (Tile Planning and Zoning Commission recommends denial,) 8. Consider approval of the preliminary plat of the Sandy Hill Addition (One lot Subdivision), (Tire P 1 ann i rig and Zon i ng Couluri ss ion recommends approval,) C3 0)~dInances; A, Consider adoption of an ordinance instituting annexation proceedings on a 456 acre tract of land located along the east side of FM 2181 (Teasley Lane) and the north of Robinson Road, (2.1560 7. Resolutions; A. Consider a resolution relating to the issuance of bonds by the North Texas Higher Lducation Authority, Inc., approving the issuance of one or more series of bonds; and making certain findings in connection therewith. B. Consider a resolution au thor.ixirig the Mayor to execute a railroad wireline license with the Missouri Pacific Railroad on behalf of the City of Denton, 8, Review and consider changes to the truck route ordinance. 9. Consider a Change Order with Freese and Nichols, 1nc.0 for engineering for the Hickory Creek Lift Station, EPA Project C-48-1188-13. (The Public Utility Board recommends approval,) 10 , Consider option agreement to sell diesel engines. (The Public Utility board recommends approval.) 11, Consider an engineering services contract with Freese and Nichols Inc., for the evaluation of location and preparation of plans, specifications and bidding documents fnr a back up high service pumping unit and associated piping at the Water Treatment Plant, (The Public Utility Board recommends approval.) City of Denton City Council Agenda March 1, 1983 Page Five 12~ Consider abandonment of an easement in the Jamos Dougherty Addition, Golden Triangle Development Corporation, (The Public Utility hoard recommends approval,} 13- Consider approval of a contract with Alexander Grant to conduct the audit of the Firemen's Relief and Retirement Fund, 14. Consider establishing a policy prohibiting smoking at public meetings of all City Council, boards and Commissions Meetings in the Council Chambers is. Consider ,joint pole use agreement between the City of Denton and North Texas State University, {Pub) ic Uti11ties Board recommends approval,) 16. Official action on Executive Session items; A. Legal Matters B. Real Estate C, Personnel D. Board Appointments 17, New Business. This item provides a section in which to suggest new items of business for future agendas, r 06G9C CITY OF UENTON MEMORANDUM T0. Mayor and Members of the City Council FROM: Charlotte Allen, City Secretary DATE; February 23, 1983 SUBJLCF: Back-Up Materials for Agenda Item Nl for the 5:30 p,m, Work Session f''irst Southwest Company will distribute the back-up materials at the 5:30 p.m. meeting. Thank you, t aa,f(In"_---- ca 0675C First Texas Medical, Inc,---__ February 24, 1983 To; The Honorable Mayor & Members of the Denton City Council, the lonorable Judge & Members of the County Commissioner's Court, Cousity of Denton Ladies & Gentlemen; Thank you for the opportunity to submit an executive summary of First Texas Medical lnc,'s proposal to lease and operate Flow Memorial Hospital. . We look forward to the opportunity of submitting our full proposal and dis- cussing this matter with you in the meeting scheduled for the evening of March 1, 1983 at 7;00 p.m. At that time, we will be pleased to explain all details of the offering, awl look forward to answering any questions you may have, Sincerely, Darrell Lummus, President 560 W. Main • Suite 201 • Lewisville, Texas 7506; • (214) 221-2322 FX ECUTIVE PUMMARY SITUATION ANALYSIS Flow Pemorial H0.9pital has sorvod the City and County of Denton well for nearly 35 years, Under the prudent management of succossvi.e City Councils And County Commissionev's Courts, the hospital has grown to boi:ome the major medical center in the area respected for the quality of care provided by its staff. In the immediate future Flow Memorial must be substantially strengthened if it is to continue providing quality service to the community. Facilities and equipment must be modernized to keep pace with advancing medical technology. Improvements must be made to bring the facility into complirtneo with Life Safety and Hospital Licensure codes. Specialists in the design of health care facilities estimate that expenditures of approximately $5,100,000 must be made just to being the hospital into code compliance. This sum fails to account for the additional cost of lost revenue the hospital will sustain while services and depitrtments are closed for renovation. At the same time, those responsible for Flow Memorial Hospital must question whether it is even prudent to invest that much money in the existing facility. Though appearing :it.tractive, the hospital plant, developed over the years through additions Ind a variety of changes, is actually inefficient for the delivery of qualit:, patient care, Likewise, its location is inconvenient to the maximum number of Denton County residents and the admittedly attractive site • itself poses problems for older patients and visitors because of its hilly terrain. We have concluded that a very substantial infusion of capital will be required in the near future to maintain the services the community has come to expect, in fact, the potential of Flow Memorial Hospital will simply never be realized in the existing facility. PROPOSAL First Texas 'Medical, Inc. therefore proposes to lease and operate Flow Memorial Hospital and to spend approximately $30 million over the next five (5) years in creating a better, stronger community medical center. These funds will be invested in the local community and its governments through the lease/purchase payhnents to the hospital, capital expenditures for new equipment at. the existing facility, construction of a new $21 million hospital complex and* taxes paid into the treasuries of the city and county governments. Mora specifically; 1) First Texas Medical, Inc, proposes to Lease and operate the existing Flew MemoriaL Hospital site and plant for 5 years and to construct a replacement facility to be operational by 1983. For this privilege, the company will pay the city and county $2,900,318 upon completion of the agreement, which amount is anticipated to create an indigent rare trust. The revenues of the fund . will relieve local governments of financial responsibility for such care. 2) 111 each subsequent year of the lease agreement, First Texas Medical, Inc. will also pay city and county $725,000 i.n annual lease payments and an additional $34x,335 over the total lease period for retirement of bonds issued by the city and the county for prior capital expenses of the hospital. PAGE TWO 3) At the conclusion of the five year leaf'e period, the city and county will retain ri3hta to the oxisting Flow Memorial Hospital and site and they may either rotnin the property for other uses, dispose of it by sale, or sell the property to First Texas Medical, Cnc, who will agree to purchase the existing facility and site for an amount of not less than $1,500,000 (Sou attachment I - Outline of Lease/ Purchase Proposal), 4) In addition to these direct payments, First Texas Medical, Inc, will invest approximately $21,000,000 in the community through the construction of it aew hospital complex to be completed by 1988. The hospital will be owned and operated by First Texas Medical, Inc, The company will invest an estimated $500,000 annually in additional and replacement equipment during the lease period so Flow Memorial Hospital can continuo providing quality hospital services to its residents. 5) First Texas Medical, Inc, will pity real property and personal property taxes to the city and county and other appropriate taxing authorities during the lease period, as if it owned the hospital site and impvovomonts, and it will pay appropriate taxes on the new hospital complex, whose valuation it adds to local tax rolls (Sou attachmant. It ° Analysis of 8conomic Impact to city and County). MANAGEMENT OF THE EXISTING FACILITY As lessor and operator of Flow Memorial, First Texas Medical proposes to, 1) perform sufficient maintenance and renovation to maintain the quality of care . at the existing facility for 5 years, 2) Operate the facility efficiently, maintaining foes and charges which are competitive with, or lower than, other hospitals in the general service area, Fees and charges will be increased approximately 9% in 1983 including reimbursement by Medicare, Medicaid, Blue Cross, commercial insurance providers and self-pay patients, 3) Provide for hospital care of indigsnt residents of Denton County (See attachment III ° Fund Balance and Indigent Care Projections), 4) Supply sufficient funds and necessary equipment purchases estimated at $500,000 per year, 5) Establish a citizen'a advisory board to the hospital, b) Guarantee omploymont and benefits for current employ(3es. A) Continue employee pension plan and health insurance plans, B) Maintain vacation, sick leave and other amployee benefits, C) Provide for retention of sonority of current employees, 7) Maintain an open medical staft.° policy, DEVELOPMENT OF A NEW FACILITY First Texas Medical, Inc. will construct a replacement medical center located near the intersection of 1-35 and Scripture including, development of a medical office complex adjacent to the new hospital. The total project will cosh, an estimated $21 million. PAGE THREE; in developing a new hospital, First Toxaa Medical Willi 1) Utilize a citizens' advisory committee for community input and direction, 2) Maintain all existing hospital memorials, 3) Concentrate on furtlior development of existing medical delivery strength of Flow Mumorinl Hospital into regional eapabilitiesr *Obstetrical *Neonatal *Psychiatric *Surgicnl *Emergency 4) Maintain a schedule of fees and charges competitive with hospitals in the service area, LONG TERM PLAN FOR INDIGENT CARE First Texas Medical recommends that the city and county use the proceeds of tho lease/purchase funds of Flow Memorial co establish n permanent trust fund to provide for hospital care of Denton County indigents, This money can be invested, using only the earnings on capital, to pay for indigent care. This method of providing for indigents has been, successfully implemented in other communities. Projections indicate the level of indigent cars provided by Flow Memorial during the 5 year lease period will exceed revenues from the indigent care fund, First Texas Medical will absorb these additional costs (Refer to Attachment III). ABOUT FIRST TEXAS MEDICAL, INC. First Texas Medical, Inc. is already actively involved In the delivery of medical care in Donton County, The company owns and operates numerous outpatient facilities, as well as Lewisville Memorial llpspital. These operations currently employ 803 individuals, including 56 physicians in Denton County With an annual payroll of $12,580,000 (Refer to Attachments IV and V), In all of its facilities, First Texas Medical has the objective of providing quality care at the lowest cost to the patient. 'Phis is accomplisned through aggressive outpatient treatment (to avoid expensive hospital stays) whenever possible, All First Texas Medical facilities are locally owned and t•i,venues are reinvested in Denton County. FIRST MAS REDICAL, iNCORPORATNI) OUTLINE OF L&ASOPURCHAaE PROPOSAL, FLOW MEMORIAL IIOSPETA14 ATTACILMFNT I First Texas Medical feels that after discussions with its own legal counsel, and the city and county officials that a purchase of the operational assets of the hospital and a lease of the uquipment and real estate for a period of five (5) years, is the alternativo which can be dealt with in the most expedient manner, Operational assets are defined as the assets less liabilities on Flow Momorial Hospital Balance Sheet, As of September 30, 1983, this was: Current Assets $3,5340782,00 Bond Designated Assets 330,942,00 Minus; Current Liabilities 1,529,280 00 Long Term Debt: 1975 Series Bond 270,000,00 1975 A Series Mond 160,000,00 Computer Lease 81,699,00 Equipment Note 5502927,00_ . $1,210,818,00 As additional consideration Prepaid Lease ($10,000 per 169 Licensed Beds) 1,690,000,00 At Closing $219001818,00 $725,000 per year for five (5) years 2,625,000,00 Reimbursement for County Hospital Bond Retirement by year over the Remaining four (4) years 348,83+.00 Option to purchase real estate at end of the lease 1,5001000.00 $8,374,652.00 i FIRST TEXAS AAI., INCORPORATED ANALYSIS OF 9CONOMIC TFiPACT TO COUNTY AND CITY ATTACHMENT 11 Method of } 1983 1984 I 1985 i 1986 1987 Total Approach- ! Projected Projected Projected Projected Projected For 5 Yra l) Continue on Current Course of Action EXPENDITURES A, Indigent Care 330,000 3634000 399,300 439,230 489,153 2,0141683 B. Bond Retirement 904331 87,431 84,531 86,541 0 348,834 C. Construction Coats 0 0 0 20,0000000 0 20,000,000 INCOMV A. Proceeds from Lease 0 0 0 0 0 0 B, Increased Tax Revenue 0 0 0 0 0 0 NET IMPACT -420,331 -450,431 -483,831 -20,525,771 -483,153 -22,363,517 - - r---------- r_rvl---_--- 2) Lease Facility EXPENDITURES A. Indigent Care 0 0 0 0 0 0 B, Bond Retirement 90,331 87,431 84,531 86,541 0 348,834 C, Construction Costs 0 0 0 0 0 0 INCOME A, Proceeds Lease/Purcti 3,716,149 812,431 809,531 811,541 .2,225,000 803474652 B, Increased Tax t Revenue 25,670 32,700 39,735 46,765 53,800 198,670 NET IMPACT 39651,488 757,700 764,735 771,765 21278,800 81224,488 --_.r..__- Annual Economic Difference 41071,819 11208,131 11247,566 21,297,536 21761,953 301588,005 --------r- -------_----r----------------------------------------• --------------------------r-------- Cumulative Economic Difference 41071,819 5,279,950 61528,516 27,826,052 30$88,005 FIRST TEXAS MEDICAL, INCORPORATED FUND BALANCE AND INDIGENT CARE PROJRCTWNS ATTACHMENT III YEAR I YEAR 2 YEAR 3 YEAR 4 YEAR 5 I) Cumulative Proceeds from lease Purchase Proposal $3,625,818 40350,818 51075,818 51800,818 81025,818 2) 10% Annual Return on Investments 3623582 435,082 507,582 5,100082 802,582 3) Projected Indigent Care Require- ments for Denton County 493,224 5420546 596,801 656 481 722,125 ASSUMPTIONS: 1) Per the proposal, all proceeds are invested in an interest bearing foundation. 2) A conservative annual rate of return of 10% on the cumulative proceeds is calculated as the yearly reimbursement for Indigent Care. 3) Projected Indigent Care is based on a 10% annual increase using historical data from Flow Memorial Hospital, 4) First Texas Medical, Inc, will absorb the Indigent Care expense in excess of the return on investment from the fund. FIRST TEXAS MEDICAL, INCORPORATED OWNERSHIP AND DIRECTORS • ATTACHMENT IV OWNERSHIP A total of 9294811 shares of common stock are issued and outstanding. The Medical-Surgical Clinic Association of Denton owns 3770223 shares or 41 percent; Individual physicians employed by the Association own 435,637 shares or 47 percent; physicians not related to lodlcal-Surgical Clinical Association own 78,237 or. 8 percent; and executives of the Company own 38,714 shares or 4 percent. MANAGEMENT Directors and Executive Officers. The list below sets forth certain information with respoct to the directors and executive officers of the Company, including their principal occupations and beneficial ownership, Each officer and director has held the position listed in the table below with the Company since the Company's inception. Name, Principal Occupation and Affiliations Thomas Blueker, M. D., Director of the Company. He has been a licensed physician in Denton County since 1971, Harry M. Burge a, M. D., Vice Chairman of the Board of Directors of the COM pally, Dr. Burgess has been a licensed physician in Denton County since 1951. Conrad M. Garcia, M.D.,, Director of the Company. Dr, Garcia has been a licensed phys c an ui Denton County since July 1978. Prior to 1978, he received medical training. David 0. Johnson, M.D., Director the Company. Dr. Johnson has bean a licensed physician rn Denton County since 1978. Prior to 1978, he received medical traini,ag, James Hoilis Jones, M,D.,, Director, Chairman of the Board and Chief Executive Officof the Company. Dr. Jones has been a licensed physician in Denton County since 1951. James R. Jones, M.D., Director of t'i%e Company. Dr, Jones has been it licensed physician in Denton county since 1973, Darrell E, Lummus, Director, President and Chief Operating Officer of the Company. Mr. Lununus has served as the President of Fi.•st Texas Medical, inc., wince its inception and, prior to that, served as Medical Surgical Clinic Association Business Manager for more than five years. Harvard L. McBrayer, M,D., Director of the Company, Dr, Mc Brayer has been a li ;;led physic yin 'i Denton County since 1969. Page 2, Attachment lV Allen Pierce, Director, Senior Vice President and Treasurer of the Company. Mr, Pierce has served as Director of the Special Projects for Medical-Surgical Clinic Association since August 1979, and, prior to that time, was Senior Vice President and Senior Loan Officer of First Texas Savings and Loan Association for more than five years. David G, Purifo , Director and Senior Vice President of the Company, Re, Puri oy as served as Administrator for Lewisville Memorial Hospital since 1976, Arvin D. Shore, Director of the Company, Dr, Short has been a licensed physician n Denton County since 1974, Dale 0, Swanholm M,D „ Director of the Company. Dr. Swanholm has been a licensed physic an in Denton County since 1975. Eugene M, Taylor, M,D „ Director of the Company, Dr. 'raylor has been a licensed physician in Denton County since 1969, FIRST TEXAS MEDICAL, INCORPORATED OWNED, MANAGED OR AFFILIATED ORGANIZATIONS ATTACHMENT V DENTON: 1. First 'texas Medical Center, Denton (formerly Medical-Surgical Clinic Association), This facility serves as the medical office building for a 23 physician multispecialty practice of medicine, 2, North Texas Diagnostic Radiology Center provides outpatient diagnostic radiology services, 3, Denton Ambulatory Surgery Center provides outpatient surgery services for patients not requiring overnight care, 4, North Texas Medcare, Inc, is a state certified health maintenance organization, 5. Bryan Oaks is a 106 bed intermediate care facility providing services to the severe and profound mentally retarded, 6. North Texas Radiation Therapy Center is an outpatient cancer treatment center. The certificate of need has been granted and ground breaking is anticipated within 60 days. LEWISVILLE: 1. First Texas Medical Center, Lewisville (formerly Doctors Clinic), This; facility serves as the medical office bull.ding for a 26 physician multispecialty practice of medicine and is located gontiguous to Lewisville Memorial Hospital. 2. First Texas Medical, Inc, corporate office is located in the North Texas Medical Center Professional Building. 3, First Texas Medical Center Computer Center has the most modern computer technology and is located in Lakeland Plaza, 4. Lewisville Memorial Hospital a 110 bed general acute-care hospital, and is scheduled to break ground on a $7 miLlion dollar, 42 bed expansion and renovation project in the late summer of 1983, 5, Edmond Oaks is a 116 bed intermediate care facility providing services to the moderately mentally retarded, 6. Adult Day Care Center provides supervised care during the day for disabled individuals who can still return to their homes at night, can provide care for up to 100 individuals, 7. Medcare Nome Services provides care to meet the nueds of tit homebound individuals on a short term basis, 8, Oak Crove Work Activity Canter is a sheltered workshop for 235 handicapped individuals. Page 'd, Attachment V CARROLLTON: 1. First Texas Medical Center, Carrollton will serve as the medical office building for a 7 physician multispecial'ty practice of medicine and is scheduled to open February 28, 1993. i MINUTES City of Denton City council February 15, 1963 Regular Meeting of the City of Denton City Council on Tuesday, Fobruary lb, 1983, at 5130 p.m, In the Clvll Defense Room of the Municipal Building at which the following items were considered. 1, The Council discussed the SWAMP fund, City Manager Chris Hartung reminded the Council that the storm waver management fee was tabled at the end of the budget process v,ith Instructions from the Council to bring the item back at a later iats, Assistant City Manager Rick Svehla reported that the City of i~vstin charter enabled them to charge this fee; the Denton City Charter does not. The City charter could be changed by legislation 0: by would@beaaegood idea, butanotactiionhcantbef taken unntairl ginhge charter Is changed, City Attorney C J, lay lot stated that enabling legislation was drawn up by the City of Austin, but was not filed as their charter already allows them to charge the fee, Rlddlesperger motion, Hopkins second to request state representatives and senators to introduce the bill. Barton, Hopkins, Stephens, Alford, Riddlesperger, Stewart "aye"; Chew "nay". Motion carried b to 1. 20 The Council discussed the initiation of annexation Trap Roadeandbtheleast side be Jewell along ethe gsouth side of Sfish mobile Road. Chat 116 Watkins, Senior planner, reported that the Planning and Community Developpment Department was processing a 13 acre plat for subdivision, Thie property Is approximately 400 feet from the City limit Sign and is the site of a proposed 84 lot mobile home park with internal roads meeting County specifications. If the property is annexed after development, the street system would be substandard to City specs, The lots for the mobile homes are to be sold to individuals and would not meet the City minimum lot site requirements. f Mr. Griffins, the developer of the mobile home subdivision, reported to the Council that at the time he purchased the property he was not aware of the fact that it was In the extra territorial iorisdiction, Mr. Griffins stated that he oelleved there was a need or this type of housing and the lot size and streets were the only problems, The property is to be sold approximately the mivu:e of July creating a Scheduling problem regarding completior. fir. Griffins stated he would past a performance bond, Chew motion, Barton second to proceed with annexation of the area recommended by Planning and Community Development, Motion carried unanimously, The Council adjourned into Executive Session to discuss legal matters, real estate, personnel and board appointments, No official action was taken, The Council then adjourned Into the regular meeting at 7100 p.m. in the Council Chambers. Members Present; Mayor Stewart, Mayor Pro Tem Stephens, Riddlesporgerreand BChewn,CitypManagerAlfCity Attorney and City Secretary Members Absnnt; None City coun45, Minutes P9bruar 1 1083 Page Two I. The Council Considered approval of the Minutes Of the pecial Called Meeting of January 26, 1984, the Regular Meetirg of ebruary 1, 1983 and the Special Called Meeting of February 8, 198,1. Chew motion RiddI4Sperger second to approve the Minutes as presented, notion carried unanimously. 2. The Council received a report on TMPA. Or. Roland Vela, member of the TMPA Board of Directors, reported that the agency hed4;udrters would be moving to the Gibbons Creek steam plant in Grimes County. Austin Con$%e'Vatlon had submitted a change order due to increases In materials, labor Costs, and general inflation, Dr. Vela had voted against the payment of this change order. The final change order to Tippett and Gee had been completed. Total engineering costs paid to Tippett and Gee were $16,805,000. The plant is operating and generating electricity and will continue to operate at 86% capacity for the remainder of the year. The bond salesmen have been watching the market to try to refinance the $300,000,000 in bonds at a lower interest rate, this could result in a possible savings of $16 to $17 million. The expenses at Comanche Peak will be monitored Closely. Or, Vela submitted financial reports to the Council, Council Member Riddtesporger asked Or. Vela for his assessment of Mr, waggoner as the new Gdneral Manager of TMPA, Or. Vela responded that he was Impressed and that Mr, waggoner was very cost Conscious. Dr. Vela also stated that leases have been let for olI and gas exploration on land for which TMPA owns mineral rights. TMPA will collect royalties on the gas well which had carne In. Council Member Stephens asked about the status of unit 02, Or. Vela responded that all studies which have been completed point to a need for a second unit. TMPA through the member cities could sell excess power, 3. The Mayor presented a Proclamation to Ms. tomasa Garcia of LULAC. 4. Consent Agenda Hopkins motion, Alford second to approve the Consent Agenda as presented, Motion carried unanimously. Consent Agenda: A. Bids and Purchase Orders: 1, Bid 1 9079 Riding mowers (additional mower) 2. Bid 19106 Police sedans 3. Bid ! 9107 Ambulance 4. Bid d 9108 Sewer flushing truck b. Bid ! 9115 Traffic controllers 6, Purchase Order # $6863 to Nang Laboratories, Inc. 7, Purchase Order 056959 to Drill Equipment City Counoll Minutes February 16, 1983 Page Three 8. Plats I 1, Approval of the final plat of Stratford Addition, Second Section 5 the Council Considered a recommendation from the Denton Library Board on reconsideration of name Change. Or, Lee Miller, Chairman of the Denton Library Board, presented a written report to the Council, Or. Miller reported that the Library Board had Considered the problems associated with purchasing and billing, An order placed for the Emily Fowler Library and paid by a City of Oentoo Check Caused much confusion with vendors, For this reason the Library Board recommended the name should remain the Oeoton Public Library. Riddlesporyyor asked Dr. Miller Is the Board had Considered naming the faCillty the Emily Fowler Public Library, City of Denton, Dr. Miller responded this name had been Consideredl however, the name could be Construed as the name of a private library which is open to the public Instead of a City library, Chew motion, Hopkins second to receive the Library Board report. Motion Carried unanimously, Mr, Robert Caldwell appeared before the Council and stated that the problems stated by the Library board were more a nuisance than a pproblem and requested the Council to change the name back to the Emily Fowler Library, Alford motion, Hopkins second to change the name to the Emily Fowler Public Library. uiddlesperger motion, Stephens second to Change the name to the Emily Fowler Public Library, Denton City/County Library System. Tom Shaw of the City Purchasing Department responded to Council questions stating the problem was that vendors did not c9nnect the Emily Fowler name with the City of Denton. John Marshall of the City Purchasing Department stated that books and other materials are ordered from all over the United States and invoices are returned because vendors do not match the Order from the Emily Fowler Library with the City of Denton check. Mr. Marshall suggested it would solve the vendor problem if the library were named the Denton Emily Fowler Public Library, Mr, Sam Marino, member of the Library board, stated 0 the future branch libraries would be added, Mr. Marino suggested all correspondence should be from the Denton Public Library and the present library building could be named for Emily Fowler, Council Member Hopkins asked If public hearings had been held. Mr, Marino responded that a survey had been completed and an open meeting had been held, The results of the survey indicated a preference by Library patrons for the name Denton Public Library. Riddlaspergar motion to table the amendment to the main motion, The motion to table died for lack of a second. Vote on the amendment to name the Library the Emily Fowler Public Library, Denton City/County Library System was Barton "aye", Hopkins "nay", Stephens "ayell, Alford "nay" I Riddlesperger "aye", Chew "nay", and Stewart "nay", Motion was defeated 4 to 3. City Council Minutes February 15, 1983 Page Four Vote on the main motion to name the Library the Emily Fowler Public Library was Barton "aye", Hopkins "aye", Stephens "nay", Alford "aye", Riddlesperger "aye", Chew "nay", and Stewart "nayMotion carrlad 4 to 3. o. Ordinanoosi A. The Council considered adoption of an ordinance directing the Issuance of notice of sale of general obligation bonds. Mr, David Medanich, representing First Southwest Company, reported to the Council this action was a legal requirement to sell bonds. The following ordinance was presented; 83-1t ORDINANCE DIRECTING THE ISSUANCE OF NOTICE OF SALE OF BONDS Riddlesperger motion, Chew second to adopt the ordinance. On roll call vote Barton "aye" Hopkins "aye", Stephens "aye", Alford "aye", Riddlesperger "aye", chew "aye", and Mayor "aye". Motion carried unanimously. B. The Council considered adoption Of an ordinance annexing a tract of land along the east side of MaOIII Road Immediately north of the Andrew Corporation plant, (t-1541) Charlie Watkins, Senior Planner, reported to the Council this was the final action for this annexation. The following ordinance was presented: 83-I6 AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS ANU ADJACENT TO THE CITY OF DENTONt TEXAS,' SEING ALL THAT COT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 63.89 A`'RE8 OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENT N, STATE OF TEXAS AND BEING PART OF THE G. WALKER SURVEY, ABSTRACT NO. 1330, DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY, AND DECLARING AN EFFECTIVE DATE. Chew motion, Barton second to adopt the ordinance. On roll call vote Barton "aye" Hopkins "ale", Stephens "aye", Alford "aye", Riddlesperger "ayel', Chow "aye , and Mayor "aye". Motion carried unanimously, C. The Council considered adoption of an ordinance annexing a tract of land along both sides of FM 1830 beginning approximately 200 feet south Of Hobson Lane, (2-1542) The following ordinance was presented: 83-17 AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 111,72 ACRES OF LAND LYING AND 8EING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AI,n BEING PART OF THE T. MARTIN SURVEY, ABSTRACT 140, 9UO, AND THE B.B.B. & C.R.R. COMPANY SURVEY, ABSTRACT N0, 196, DENTON COUNTY, TEXAS, CLASSIFYING THE SAME AS AGRICULTURAL "A" DISlRtCT PROPERTY; AND DECLARING AN EFFECTIVE DATE. City Council Minutes February 15, 1983 Page Five Chew motion, Barton second to adopt the ordinance. On roll call pto Barton "aye" Hgpkln "are", $ taphti~ns "aye", Alford "aye', ddlesperger "aye d, Chew {'aye', and Mayor "aye", Motion carried unanimously. 01 The Council considered adoption of an ordinance annexing a tract of land beginning approximately 1800 feet east of Mayhill Road. (Z-1549) The following ordinance was presented: 83.18 AN ppRD)NANCE ANNEXING A TRACY OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXA$; BEING ALL THAT LOT, T ACCT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 121.12 A RES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENT N, STATE OF TEXAS AND BEING PART OF THE G. WALKER SURV Y, ABSTRACT NO. 1330, DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE. DATE. Hopkins motion, Chew second to adopt the ordinance. On roll calf vote Barton "aye", Hopkins "aye", Stephens "aye", Alford "aye', Riddiesperger "aye", Chew "aye", and Mayor "aye". Motion carried unanimously. E. The Council considered adoption of an ordinance annexting a tract of land located immediately east of the Oenton Wastewater Treatment Plant. (Z-1550) The following ordinance was presented: 83.19 AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 24.605 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE G. WALKER SURVEY ABSTRACT NO. 1330, DENTON COUNTY, TEXAS; CLASSI;PING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE GATE. Stephens motion, Chew second to adopt the ordinance. On roll call Me Barton "aye", Hopkins "a a", Stephens "ayeAlford "aye", Rlddlesperger "aye, Chew "aye':, and Mayor "aye". Motion carried unanimously. F The Council considered adoption of an ordinance calling a 61ty officers election to be held on April 2, 1983. The following ordinance was presented: 9320 AN ORDINANCE CALLING AND ORDERING AN ELECTION TO BE HELD IN THE CITY OF DENTON TEXAS, ON APRIL 2, 1983, FOR THE PURPOSE OF ELECTING FOUR COUNCILPERSONS TO THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS FOR PLACES 1, 21 3 AND 4; ORDERING THAT THE PUNCH CARO ELECTRONIC VOTING SYSTEM ADOPTED BY DENTON COUNTY BE USED IN SAID ELLCTION; PROVIDING FOR VOTING PLACES AN0 APPOINTING ELECTION OFFICIALS AND PROVIDING FOR ELECTION SUPPLIES. Chew motion, Stephens second to adopt the ordinance. On roll call vote Barton "aye", Hopkins "aye", Stephens "ayeAlford "aye', Riddlesperger "aye", Chew "aye", and Mayor "aye". Motion carried unanimously. City Council Minutes February lli, 1983 page Six G, The CouncII considered adoption cf an ordinance parking designationoon`thetnorth DallasaDrivenandaaltmu9inatingethe south side of Chamber from Clifton to Dallas Drive, The following ordnance was presented, 83-21 AN ORDINANCE AMENDING ORDINANCE N0, 82-82 TO RESCIND THE NO PARKING ON pTHE NORTH SIDE Of CHAMBERS STREET PROM ITS CLI TON SS?REST;WPROVI DINGSNNOTRPARKiNG ION THETESOOTHipSID yEiOFF CLIPONSESiREET WITH PARO 61TINGETHE CnSMa £T RSTS iTIONO41TIHS _ PARKING OF VEHICU S ON THE NEST SIOE O~ CLIPTON STREET FROM ITS INTER- 5ECTION WITH DALLAS DRIVE TO ITS INTERSECTION WITH CHAMBERS STREET; PROVIDING A SEVERABILifV CLAUSE PROVIDING A PENALTY VE p 70 EXCEED TWO HUP' REO DOLLARS; AND DECLARING AN E Chow motion, Stephs second to "aye", 9 tephensdi"aye"e. Alford 11"aye", yoke Batton Riddlesperger"aye", Chew "aye", and Mayor "aye", Motion carried unanimously, 7, The Council considered adoption of a resolution supporting the enactment of House dill 194, City yin Manager Chris Hartun MayoreofoBellaireiforetheuCity of Denton to support house Hill 194, The following resolution was presented; WHEREAS, heretofore previously, House 8111 194 has been flied and is currently before the house of Representatives of the State of Texas; end WHEREAS, sa„t legislation has been submitted to the general convention of the Tea a^ Municipal League; and iegislation, theande%lheA~}Oa'ieral WHEREAS, the p aprovedtf saidCommittee League unanimously Assembly of the Texas Municipal League likewise appro'rtd so lc legislation; am+ WHEREAS, house Bill 194 provides needed flexihili:y for cities in the State of Texas to assist the property Owneg and tion latndehtswhen .aid cities in of theirerlocasewer and/or replacement of sanitary sewer mains; and WHEREAS, the health safety and well-being of every person and system fort thentransportationd ofesewage and wastevaternproducts;c t WHEREAS, it may be totally impossible for a resident of a city, faced with an expenditure of inneexcess cessaryf $1,0accomplto secure a low-cost loan for the money replacement of a sewer lateral; and WHEREAS the residents of Texas citlov are fully protected under the terms of such legislation by reason of their optSons to withdraw in the event the cost for such work Is excessive; NOW, 1H£REfORE, City Council minutes February 15, 1983 Page Seven BE IT RESOLVED BY THE CITY COUNCIL Or THE CITY OF DENTON, TEXASI Thlt the City of Denton, Texas does soppOrt and urge the patsage of House Bill 194 currently pending in the texas House of Representatives having been heretofore previously Introduced by Representative brad 4lrighti and be it further resolved that the City of Denton, Texas calls upon its a ectod representatives and senators to support said legislation and to Secure the passage thereof as promptly as posiiblel and be it further resolved that the City of Denton, Texas calls upon the Governor of the State of Texas to sign said 149islatlon Into law upon the passage thereof. PASSED AND APPROVED this the 15th d.sy of February, 1983. RTtWARD-0 "SYERART,-MAYOR CITY OF DENTON, TEXAS ATTEST= ~AAAL~TTi~'7(CL€~; °~TT r"?;l:Za~T7il£'7 CITY OF DENTON, TEXAS APPROVED AS f0 LEOAL FORMi C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: Chew motion, Barton second to approve the resolution. On roll call vote Barton "aye", Hopkins "aye", Stelihens "ayo", Alford "aye", Riddlosperger "aye", rlhr,w "aye", and Mayor "aye". Motion carried unanimously. 8. The Council reviewed the parking plans for Pecan Street between Elm and Cedar. Assistant City Manager Rick Svehla reported to the Coon CII on the proposed parking for the new Police Building. An overhead protection showed the lot will allow more parking for tho general public. Five southern and eastern parking spaces will be for 2 hour parking. The curb will be moved closer to the building which will allow for a 5 foot sidewalk and 2-way in and not parking plus 2-way exits. 4. The Counc11 considered designation of a Deputy City Secretary. Hartung recommended that Kathryn Hollonback, the Administrative Assistant in the City Manager's Office, be designated as a Deputy City Secretary. Riddlesperger motion, Hopkins second to designate Kathryn Holleneack as Deputy City Secretary. Motion carried unanimously. 10. There was no official action on Executive Session Iterns: Legal Matters Real Estate Personnel Board Appointments i City Council Minutes February 16, 1983 Page Eight IT. Now Business The following items were requested by Council Members for future agendasi Council Member Alford requested the truck route ordinance be reviewed at the March I meeting, Council Member Hopkins requested the Staff begin to formulate an economic growth policy statement leaoing toward yowls for the next 5 to 10 years. Hopkins suggested a Joint workshop between Council members and Staff on economic development possibilities. Council Member Stephens requested a report from the Parks and Recreation Board. Il, The Council considered rn emergency addendum to the Consent Agenda. Bill Angelo, Senior Administrative Assistant, reported to the Council that the Purchase Order to Oavis Truck and Equipment was for a replacement for a refuse truck which had been destroyed, Hopkins motion, Chow second to approve the purchase order, Motion carried unanimously. The Council then adjourned Into Executive Session, 1YT~HAR11"tl: "sTEpAH7;"RATU>r ~HA~~O~TF ALLEH, LT'r~ ~ECKETARY 1 0671C CITY OF DENTON MEMORANDUM 14EETING DATE: March 1, 1983 COUNCIL AGENDA ITEM CONSENT AGENDA SUBJECT: 8id # 9092 Supervisory Control Data Acquisition Equipment Sl1MMARY: This bid is for the purchase of supervisory control data acquisition equipment to tie the Airport Substation, the Arco Substation, and the Denton West Interchange to the existing control system located at the Power Plants The bid includes complete installation of the three (3) remote terminal units and associated equipment and three (3) days of field technical service during start up procedures, The original bid was for 9 units, however due to lack of bond funds in the water & Sewer accounts, six (6) units have been deleted from this proposal, ACTION REQUIRED: Approval by council and award of bids SOURCE OF FUNDS., Funds for this purchase will come from 1982-83 budget account number 618-008-0253-9217-E362, Electric Metering & Substations, Capital Improvements Station Equipment, RECOM14ENDATION: We recommend this bid be awarded to the lowest bidder meeting specifications of Advance Control Systems in the amount of $80,807,00, EXHIBITS: Tabulation sheet. SUBMITTEO BY: - I o Shaw, ,P - Assistant Purchasing Agent TOS:lc 0052b HID 0 9092 BID TITLE Supervisory Control Data Equ9p, Advanced Basic ic Control Bastems OPENED 83 Systems ACCOUNT N 618"008'0253-9217-C362 L 5Y,- Ixli U)iSCRIPTION VMOEt VYNpO R Vii~U(3RNUGH VtiINWR_ _ 1 Remote Terminal Unit for; 3. 1 Airport Substation 18,298.00 24,467,00 2, 1 Arco Substation 15,802.00 21,255.00 3. 1 Denton West 22,135.00 31,317.00 4. Lot Comiunication Buffer 9,136,00 5, Lot Installation & Check out 29200.00 31100'00 _ 6, ~ Spare parts .~J 7,003.00 5,750,00 7. Test Set-Portable 6,233.00 - TOTAL 80,807,00 88,909.00 0$ CITY OF DENTON MEMORANDUM MEETING OATEs March 1, 1983 COUNCIL AGENDA ITEM N: CONSENT AGENDA SUBJECT: Bid k 9111 Renovation of Temperature Control System in the Municipal Building. Bid N 9116 Real Time Load Programmer for the Municipal Building. SUMMARY: These two bids are for the repair of the temperature control system in the Municipal Building and the purchase and installation of a Real Time Load Programmer, The renovation of the temperature control system involves replacement of thermostats and controls, cleaning of air lines, lubricating the system, testing and adjusting of the complete HVAC system upon completion of work. The real time load programmer is an energy management system for the HVAC system in the Municipal Building, The unit will turn the heating and cooling on and off on a pre-programed schedule 365 days a year allowing for the most economical and efficient use of our existing HVAC system, (60% of the energy used daily in this building during the winter months is used during unoccupied periods.) ACTION REQUIRED: Approval by council and award of bids. SOURCE OF FUNDS: Funds for this project will come from a Special/Energy were $30,000.00 Conservation modification account, $2 496.00 This added in fund was set up in 1979, 1980. Expenditures in the amount of $248,78 and balance 0 of b15,94$0P4and 1981 respectively leave a i Page 2 Bid # 9111 &9116 Council Agenda RCCOMMENDATION: We recommend bid #9111, Repair of Temperature Control of s $14,15800Robert Shaw System be Control Company awarded in the amount lowest C We also recommend bid #91163 Real Time Load Programmer be awarded subject to contract agreement, to the lowest bidder C & F Energy Management in the amount of $4,538,58, Total cost of this project is $18,696,58, Total first figure cost avoidance for this project is estimated at $1 ,348.00, Simple payback for the project cost would occur in only 15 months, EXHIBITS: Tabulation sheet for bid #9111 and Bid 09116, SUBMITTED BY: \A is Tom Shaw, C.P M, Assistant Purchasing Agent TDS:lc 0055b ai;u ~ 9111 jq~ 010 TITLHH~~kt1 Qf IgItl, ontrol oPBNE;n 2/3[83 _ Able Robert Johnson Sheet Metal Shaw Controls ACCOUNT / Air Cond Controls TY ITEM DESCRIPTION_ VENbOg V>N.>K - VENDOR K VPNI>flEt VENDOR VENDOR 1. Lot Renovation of Temp. Control Systen $17,875,00 14,158.00 19,150.00 I ~_,9116~.,~. BID AID TITL Real Time Load Progrankner OPENFID 2/15/83 Entech Energy C & F Sales & Control, Electrical ACCOUNT Service Inc, ITEM DRS O ~ IF?01Z P. DO VRt )O_R - -VENDOR VENDOR VENPOR_ VENDOR 1 Real Time Load Programner for 81977,00 61100,00 41538,58 F NVAC System in Municipal bldg. CITY COUNCTL AGENDA SUMMARY SHEET Meeting Date; March 1, 1983 Agenda Item As Subject; Bid 119112 Pickups, Truck and Sedans Summary: This bid is for the purchase of a group of vehicles to be used by the various departments in the City of Denton. Sixteen vehicles are motor pool replace- ments and five vehicles are additions to the fleet. The fleet additions are (1) a I4 ton pickup for the Electric Metering & Substation, (2) a 4 ton pickup for the Utility administration Department, (3) two 3/4 ton pickup cab/chassis for the Electric Distribu- tion Department, (4) a 1 ton truck for the Electric Distribution Department, The motor pool replacements are for the following departments; Street 4 units, Traffic Control 2 units, Parks 1 unit, Utility Administration 1 unit, Electric Production 1 unit, Electric Metering & Substation 1 unit, Electric Distribution 2 units, Solid Waste 3 units, and Wastewater Treatment 1 unit. The units being replaced will be sold at auction after the new units are placed in service, Action Required: Approval by Council and award of bid. Source of Funds; Both motor pool replacement funds and using department budget funds will be utilized in the. purchase of the sixteen replacement vehicles, only department budget funds will be utilized for the fleet additions. Motor Pool Acct, 1l 720-004-0020-8707 $ 54,792,85 82-83 Budget Funds-Capital. Improvements 120,187,64 TOTAL PURCHASE $ 174.979.49 Page 1 l Recommendationi We recommend this bid be awarded to the lowest bidder meeting specification as listed below: Item I_ Morris Chrysler-Plymouth at $9,037.35 ea. Item 2 Morris Chrysler-Plymouth at $7,204.35 ea. Item 3 Morris Chrysler-Plvmouth at $7,820.60 ea, The alternate bid offered by Krause Pontiac Toyota for items 11 2 & 3 did not meet the minimum engine require- ments nor offer the automatic transmisei.on required. Item 4 Morris Chrysler-Plymouth at $7,775.93 ea, Item 5 Morris Chrysler-Plvmouth at $7,750.80 ea. Item 6 Morris Chrysler-Plymouth at $8,790.36 ea. Item 7 McNatt Chevrolet at $15,424.00 ea, Item 8 Morris Chrysler-Plymouth at $9,408,66 ea. Item 9 Morris Chrysler-Plymouth at $7,947.54 ea. The alternate bids offered by Krause Pontiac and McNatt Chevrolet ate only five passenger vehicles and equipped with bucket seats. The Pontiac offered a four door hatchback model, and the Chevrolet offered has a fuel injected engine. The Plymouth offered is a larger automobile, 6 passenger, bench seats, standard four cylinder engine and does meet the specifications. Exhibit, Tabulation sheet Submitted By: `rW - " Totii'D. Shaw, C.P.M. Asst. Purchasing Agent Page 2 al DID 1 91 E3Ip Piek c OP!<1V _Z fit, .Z=1a-&3 Dave Choetor Al Mahaney ACCOUNT N Krause Norris McNatt Intl. 7 I _ TEM pl;5CRI1?"20 la; OR 1r 0 R E- pO12' OR E D- Vi3tNb0 Y 1, l 11 ton 4 wheol. drive 8298,00 9037.35 9200,00 7.. 2 11 ton 6740.00 7204,35 7433,00 3. 1 ►i ton w/ac 7240.00 7820,60 7983,00 4. 6 3/4 ton V/8 7775.93 8494.00 5. 5 3/4 ton cab/chassis 7750.80 8773,00 ^ 6. 2 1 ton cab/chnssis 8790,36 8805,00 7. 1 24000 0 GVW cab/chassis N8 15424.00 15788.00 6. 1 1 ton cargo van 9408.46 9563,00 9. 2 Sedans 4 door 6605.00 7947.54 7249.00 Delivery 60 days 60-90 day fi0-120 dais 90 clays CITY OF DENTON MEMORANDUM MEETING DATE: March 1, 1983 COUNCIL AGENDA ITEM N: CONSENT AGENDA SUBJECT: Bid # 9113 Office Furniture SUMMARY: This bid is for several sections of office furniture to be used by seven different departments, In some cases this is replacement and in others it is adding to the existing furniture, We received varied bids from five different vendors and the awards will be made by item or by section whichever is considered to be the lowest and best bid meeting specifications, In the recommendation below the award will be so listed and explained, ACTION REQUIRED; Approval by souncil. SOURCE OF FUNDS: All from departmental budgeted funds. Departments shown in recommendation. RECOMMENDATION: We recommend the best evaluated bid meeting specifications and in some cases the recommendation may not be the lowest bid shown on the tabulation sheet, SECTION II Item lA 11 ea, $148.77 Total $1,636.47 Item 2A 3 ea, 333.45 Total 11000,35 SECTION IV Item 1 10 ea. $298.11 Total $2,981.10 SECTION V Item 2 1 ea, $289.56 Total $289,56 We recomend these sections be awarded to Office Furniture Company of Dallas with 8-10 weeks delivery, FOB City of Denton, Texas. Total of this award is $5,907.48. t Page 2 Bid N 9113 RECOMMENDATION: SECTION I Tiffany stand communication station for printer, workstation, storage moduli, extra storage, etc, total amount of this section is $1,361.36, SECTION II Item 3 2 ea, $443,49 Total $886,98 Item 4 2 ea. 439,38 Total 878,75 SECTION III Item 1 4 ea, $132,08 Total $28,32 SECTION V Item 1 1 ea, $404,30 Total 404,30 Item 3 1 ea, $125,44 Total 1125444 Item 4 1 ea, $381,50 Total $381,50 SECTION VI Item 1 1 ea, $381,50 Total $391,50 SECTION VII Item 1 1 ea, $404.30 Total $404.3CA Item 2 1 ea, $412.75 Total $412.75 Item 3 1 ea. $182.46 Total $182,46 Item 4 3 ea, $132,08 Total 396.24 Total award of these sections and items $69343,90 We recommend these sections be awarded to Kibler Office Supply of Denton with a 30 day delivery, FOB City of Denton, Texas. You will note on the tabulation sheet that one item from Greenfields is cheaper, but that is FOB their Warehouse with a $35.00 delivery charge, Sears has alower price on sane items, but they do not meet specifications and they have bid alternates. Page 3 Bid # 9113 RECOMMENDATION; The different account numbers and sections are listed as followsl Section I #?72P003-0070.9108 Libraryy Section II #100-003.0062-9102 Parks & Rec, Section III #208.002.0007-834P Civil Defense Section IV #100.003-0001.9102 City Mgr, Section V #630-002.0801.9102 Solid Waste Section VI #100-002-0033-9102 Streets Section VII #620-008-0471-9102 Water & Sewer EXHIBITS; Tabulat~ sheet, SUBMITTED BY; r ' / 1 f o ss a , Ass Wnt Purchasing Agent JJM;Ic 0057b BID TITLE Office Furniture up1,Nru. 2/_ _.8/83 Office Greenfield Friday's Kibler Is Sears Furniture of Dallas Office Office Contract nacouNx h supply Supply RTY 4 I'I' sr~ .QR Y m M VENDOR _Ug gli_ Y 1?uR v!R _ v uc r ~w SECTION I station otc, /Delivery-Total 20 days 30 days SECTION 11 lA 11 Side chairs 148,77 150.00 171,48 236.50 18 11 Side Chairs 276.60 2A___3_ Executive chair 333.45 r 360.00 397.80 250.00 28 3 Executivo Chair 400.40 _ 3 2 Desk _ 456.53 450.00 443,49 291.90 4 2 Credenza 452.30 ~-445.00 439.38 257.00 OELIVERY 8-10 As 70 days 45-60 days 30 days 0-45 days w _ SECTION I11 1 4 2600 Hon chairs _ 140.00 132.08 183.40 DELIVERY 45-60 days 30 days 30-45 days SECTION IV ~ 1 10 La-Z-Boy chairs 298.11 300.00 304,80 108.45 _ DELIVERY _ 8-10 As r 45-60 days 30 days 30-45 days W DID p 9213 BIP T1118 Office Furniture O11FIN FD 2/8/83 Office Oreonfiold Friday's Kibler's Sears ACCOUNT Furniture of Dallas Office Office Contract Supply Supply ..-.Y~' ~ ~ vl♦r~ ~o _y~..up.~.~,~. vl: v . o _ _ vr~r~ualz SECTION V 404,30 410.50 I Desk t4315 50,00 2, 1 Executive Chairs 5 289,6 00 304.80 205,00 3, 1 Storage cabinet 116, 22 39,00 125,44 + 88.75 4. 1 Lateral File 473,20 10.00 0 381.50 433,00 DELIVERY B-10 Wks 45-days 30 days 30-45 days SECTION V1 1 1 Lateral File 473.20 410,00 361,50 433.00 - DELIVERY - SECTION VII I, 1 Executive Desk 450.00 404,30 410,50 2. 1 Credenza W 465,00 412,75 436,50 3, 1 #603 lion Exec, Chair 225,00 182.46 220,75 4, 3 (1600 Ilan Side cnair 140,00 132.08 161.75 DELIVERY 28-35 days ^30 days 30-45 days CITY COUNCIL. AGENDA SUMMARY SHEET Meeting Date: March 1, 1983 Agenda Item (1: Subfectt Hid #9114 Janitorial Service Summary: This bid is for a Janitorial service contract for the Service Complex, Vehicle Maintenance Office Complex, Municipal Building and the Personnel Employee Relation/ Data Processing Complex, The contract will cover all phases of Janitorial service. The successful bidder must furnish all labor, machinery, materials, and supplies except paper products and lamps, The oontraot will run from date of award thru September 30, 1983 and carry a twelve month extension clause upon agraemetit of both parties, Action Requirede Approval by Council and awarded of bid, Source of Funds; 1982-83 Budget funds, account number 100003-0002-8502 General Government Building Maintenance Special Services, Recommendation, We recommend this bid be awarded to the lowest responsible bidder meeting specification of Prelus Building Service in the amount of $4,261,00 per month, This amount includes all four locations listed abovo. The bids offered by Sa£eco Building Maintenance and J & D Enterprises were rejected for reasons of obvious error's in bidding, Exhibits: Tabulation sheet I~ l Submitted By Tom D, Shaw, M. Asst. Purchasing Agent el oil) t 9114 DID ,lnnttorinl Service A 1 Padus llig $nCecu ) & p cam' - Htt.ilding "P10" Ilu.llciing pl1aN Feb. 8, 1)83 ` MR III t, Mni.nt. ACCOUN'T' M , V1 c§ ON von _ _G3a"Ti ao ` ° poll -tldn - v olz ~<<lal~ol~~ ,lanitorinl. Service Fort 1• Service Center 2650,00 976,00 1000,00 60,36 800.00 V"N 2, Vehicle Ma.int•. Office 450,00 190,00 75,00 200,00 150,00 3. Municipal Building 2590,00 2780,00 _ 35UU,00 800,00 800.00 _ 4. Personnel/Data Processing 960,00 315,00 300,0(1 200,00 200,00 1'otnl per month 6650,00.. 4261,00 y 4875,00 1260,36 1950,00 - CITY OF DENTON MEMORANDUM • MEETING DATE; March 1, 1983 COUNCIL. AGENDA ITEM N; CONSENT AGENDA SUBJECT; Bid N 9118 Relays SUMMARY: This bid is for the purchase of three (,4) P,V,O, relays and one (1) Bus Differential lockout relay, These relays will be used by the Electric Metering and Substation Department to coordinate with existing TMPA and City of Denton relay sc",emes, ACTION REQUIRED: Approval by council and award of bid. SOURCE OF FUNDS: 1982.83 Budget funds account number 610-008.0253-9217-5978 Electric Metering and Substation Capital Improvements Station equipment. RECOMMENDATION: We recommend this bid be awarded to the lowest bidder of General Electric Suppl in the amount of $475,00 each for item #1 and 314,00 each for item M2, Total purchase amount $3,239.00, EXHIBITS: Tabulation sheet, SUBMITTED BY: X ' . on aw, , Assistant Purchasing Agent TOS:lc 0049b I BU) p 8118 H1I) TITLE Relays orh,NEU 2115183 Oraybar Temple Supply ACCOUNT p Clectric Inc. M `h1 IZI Shcl13S?~ - _ V k' NJ)at VFNUOR _ VENDOR 1. 3 G, RVD relay 1,026,00 N/f3 975.00 - - 2, 1 BUS Differential lol:,kout relay 330.00 NIB 314.00 - Total 3,408,00 3j239.00 Delivery 84 days 8 weeks _y CITY OF DENTON MEMORANDUM MEETING DATE, March 1, 1983 COUNCIL AGENDA ITEM CONSENT AGENDA SU8JECT: Bid N 9120 Sale of Surplus Transformer SUMMARY; 'his bid is for the sale of a surplus 10,000 KVA General Electric power transformer, declared surpl,)s by the Electric Utility Department in October, 1982. ACTION REQUIRED: Approval by council and award of bid, ALTERNATIVES: Accit the high bidder as recommended or reject all ids and rebid. RECOMMENDATION: ke recommend this bid be award<;d to the highest bidder, of U,S. Transformer in the amount of $30,000.00, EXHIBITS: Tabulation sheet, SUBMITTED BY, om aw, P-. - Assistant Purchasing Agent TDS:lc 0050b 111.!1 N 912th BID'PZ7'IR Sale of Surplus Transformer 011,311:1) 2/15/83 U•S, T S 11 Southwest AcCOUN`r q. Transformer Oloctric Power Y, ~21iP11)ls~(~€1 :141__ 1 - V- l NCI 0~_ VI,N )0$_ . ~_V!3 )0 VCNUOK VhiU_ Vll1)OR~ 1'GNl)Ok_- 1. 1 M. Power Transformer $30,000.00 $15,600,00 $12, 540,00 n CITY OK DENTON MEMORANDUM M MEETING DATE: March 1, 1983 COUNCIL AGENDA ITEM #t CONSENT AGENDA SUBJECT: Bid M 9121 Re-Roof Civic Center Building SUMMARY; This bid Is for the purchase of roof replacement for the Civic Center, The existing roof has been patched until it is no longer economical or satisfactory to continue patching, This bid calls for the removal of the old roof and replacement with new polyurethane foam roof along side additional minor repairs. ACTION REQUIRED; Approval by council and award of bid, SOURCE OF FUNDS: 1982-83 Budget account number 430-004-02OM-9122-GPF2 Special porjects Fund. RECOMMENDATION: We recommend this bid be awarded to the lowest bidder in the amount of $26,000,00 for 1" of polyurethane foam covered with 45 mils of elastomer, coating, EXHIBITS: Tabulation sheet, SUBMITTED BY: Tom aw, C,P,M. Assistant Purchasing Agent TOS:lc 0056b BID 0 9121 BID TITLE Re-koof Civic Center ~ uvognn3 _ Triple C van-Wall Specified Urethane ACCOUNT / F _s .~V. IND. 1 Lot Re-Roof Civic Center 27,212.00 25,000.00 35,312,00 Narch 1, 1963 GITY CUUNGIL A(;L,,NI)A ITI PM SUBJECT Consider Ghan~v Urder #1 of Contract G-48-1188-13 HICKUKY CREEK LIFT STATION for Red. River GOnstruction Company, SUMMARY This change order consists of construction improvements which were not foreseen at time of desibn, however were discoverers during time of consLruction, i. Installation of a steel piling frame support for the 24" Plug valve in the forced main, east of the Lift Station, It has been determined that the soil under the discharge valve will not support the valve nor the monorail piers satisfactorily. 'T'herefore, the need for this additional pier construction. 2, Delete the bells at the base of the proposed drilled shaft supports for the monorail beams, and lengthen the shafts to penetrate the shale aL approximate elevation 521.0. It is necessary to delete the bells in order for the piers to penetrate the shale Lo the proper depth, 3. U e I e L e the equipment and maLerials described in specification section 16F, to be furnished to Lhe municipal power company, and substitute the equipment shown on the attached proposal from PriesLer Supply Company, Inc., pU Bx 5507, Arlington, 'T'exas, 76011, Issue a purchase order for the equipment with delivery to be made to the location in Denton designated byy the City of Denton, The substitution of equipment items in Section 16F is necessary in order to incorporate an additional automatic switching tea Lure for the raw water pump station as well as the Hickory Creek Lilt Sl,aLion, These new automatic controls will sense any voltage failure and transfer either station to the alternate source of power. F1 SCAL SUMMARY The Staff requests a change order for the following Items; 1. Installation of a steel piling frame support for the 24" plug valve in the forced main, east of the Lift Station and delete the bells at the base of the proposed drilled shalt supports for the monorail beams, and lengthen piers to penetrate the shale, 11810-1 Add $ 21127.43 21 Delete rill equipment find materials to be furnished to Chu municipal power company, under specification item 16F and substil:ute the equipment of[ered in the attached proposal from Priester Supply Company, Inc. Add ' 40000.00 NET INCREASE FOR Tlil~ AbUWE $ 6,127,43 Source of Funds; bond Funds & possibly Environmental Protection Agency, ACTION MgUIUU: Appprov+jl or disapproval by City Gouncil of subject Change Urder N1, R[:COMMLNUATI.UN ; Freese and Nichols, Inc, Engineers, and the Public Utilities board, at their meeting of February 23, 1983, recommended approval of Change Order #1 in the amount of $6,127.43. The Minutes of this meeting will be distributed prior to the Council meeting. Respectfully, it.E, Nelson, Director of Utilities ExhIBIT I Letter from Red River Const. Company 1/5/63 11 Change Order $1 178].U/'2 ~AMftRAW R NIQ4N06fr~ R R I~R, MR. p A N y 0 II 1 V y r8 a 9 i Al p S r N N C n G 1 THOMPSON Ilk C.R. C g N 5 U I. T I N 0 @ N A I N 8 p R S ;,~rQ MAPRl, P.C. 0011 AI.I,RN, P,R WNRiT (ILIMINT. RR. N 114 COPPI1.ANq, P.I. Y -4114 P,R. January 6, 1983 Y, ANTHON OARYN.RRIVR1,PA N Red River Construction Company P,O, Box 923 Addison, Texas 76001 Re: Denton, Texas Hickory Creek Lift Station Change Order No. I Gentlemen: Attached, please find eight (8) copies of Change Order No, l to the above referenced contract, covering the following items: 1. Installation of a steel piling frame support for the 24-inch plug valve in the force main, east of the Lift Station. 2. Delete the bells at the base of the proposed drilled shaft supports for the monorail beams, and lengthen the shafts to- penetrate the shale at approximate elevation 621.0, 3. Delete the equipment and materials described in Specification Section 16F, to be furnished W the Municipal Power Company, and substitute the equipment shown on the attached proposal from Priester Supply Company, Inc., P, 0, Box 6607, Arlington, Texas 76011. Issue a purchase order for the equipment, with delivery to be made to the location in Denton designated by the City of Denton, After you have executed all eight (8) copies of the change order, please forward them to Mr. R. E. Nelson, Director of Utilities, City of Denton, A fully executed copy will be returned to you for your files after approval by the City of Denton. Yours very truly, FREESE AND NICHOLS, INC. Elvin C, Copeland, P.E. ECC/jd . Enclosures xc: Coy veach R, E. Nelson, P,E, T CLEPH0NE b!7 336.7161 011 LAMAR 9TRE8T PeN RT WORTH. TIt X A a 7 9102' CHAN00 -OR EXTRA WORK ORDER PROJECTt Hickory Creek Lift Station CONTRACTi C-48.1108-13 OWNER, City of Denton, Texas CONTRACTORi Red River Construction Company CHANGE ORDER NO, I DATEI January 6, 1983 CHANG$ OR KXTRA WORK TO RK PIRFORMID 1. Install W10 x 49 Mel piers on each side of the 24" plug valve in the lift station force main, and weld a 1410 x 49 cross beam between the piers to provide support for the valve, in accordance with the attached Sly-1, Delete the bells at the bottom of the drilled shelfs for the monorail supports and lengthen piers to penetrate the shale at approximate elevation 621,0. T07AI. ADD-$2,127,43 2, Delete all equipment and materials to be furnished to the Power Com- pany under Specification Item 16F, and substitute the equipment offered in the attached. proposal from Priester Supply Company, Inc. 70_,T,, & d DD 4 OQ0. Q_ Previous contract amount $9200000,00 Net(Inereas*)(d*w.*eswaln contract amount 6,127,43 Revised contract amount $926027,43 Not(Increase)(decrease)ln contract time of completion. NO CHANGE Revised contract time of completlon NO CHANGE Recommended by Approved by OWNER FREESE AND NICHOLS By By Dlfldbullont Approved by CONTRACTOR I OwAor I - Cenlr+eFnr I P, A N. Otlice By _ I-Rea Enq, "PRS NICHQ m ' Co►+su~ri►+a l~a~r+ftas f'r'n, pr~da "Slav. $44 oez El, 5a9,o _~w10x49 241 DeZurik.. lud Valve-Nr $ ' II ~I we td. ji 0'*4:14.x.4.9...... II I~ I~ u II II ~f Elew; _5.21;,p .r If 1 u ~pr r v~' Pies To Refusal On 5ho/a i u LL) E C T'l 0 N' l~7'N_-~S2031`"Hrt ROPY` CPEEK 1. ( r SrA7'tO'N:. 'BEAM -sUP.PoRr ,'op::.lQ P...;. v; :P-1± OPOSE-D' CHANGE':0PDER`:: 04- SKwl 010,14,T41,11. W h P STiER SUPPLY COMPANY, INC. a 0. HON 3307 0 701. 101th ST ARLXNGTQN, TEW 76011 (8x7) 26141411 December 21, 1982 Mr, E. B. Tullos The City of Denton 216 E McKinney Denton, Texas 76201 SubJect; Automatic Transfer Switch Dear Mr. Tullos In respoltce to the City of Denton request for the sub ect switchtwo are pleased to offer the following for your consideration. 1 Automatic Transfer Switch, 16kv-600A Platform Mounted, Consist of tW0•tw0 position transfer switches with automatic controls per Dwg 47306 Units equipted with Potential and Current Xfm, for control sensing and fault blocking, Custom designod spedificly to meet the City of Denton. i requirement $27,000,00 Owner Furnished Material; Control cable Between switches sufficient to operate 120v relay. Delivery: 16,18wks After drawing approval Terms; Net 30 FOB Greenviilo Yx, Frt Allowed If you have any question, please let me know . Very truly yours Priester Supply Co,,Inc, Alex Ford WAF,waf ENCL cc Tom Shaw, City of Denton e4UI R/UDV w111 J~At Ray Wells, City of Denton 061'9/f~ dnJ Robert Butcher, Esco y d6ije. %02P6-Q J1Z Iz, ° 1 1 I 1 1~ ~...wrw.wrMw+.~....H+1rwVwM.wTe+l.+wwr..w.ww'1~*w~+w+~w-•.*wf r`-+•*~.•••n17. ~M~w•••r ~ elf 10 4.0 Er ~ ~~I 1l,f sraSF-0x~rMM 1U1 10, 6 T - 1 I A Y+f,1nM DATA ~ li ~ ~ \ ~ ••~w ~ YYPt.2ttkA>,M_.Ar1~4 CAUY.I.fLi3- f b +v.~ I Vfi4Y4 Jt<hY....- ! Lt..S~.16K.. ~ i • ~ I y, ~ FACQ~ .LG. ~IL«... f,Al10NS .Sy.. ~ I ~"'r J.. 1' 9~'.i•i4 Utltl%T / ~ host 1 uu% I f • MMIM1/fll.t YYI~YL , IIMMltiVH n11NIM ~.~..~.,~•LUSTaMCA id W(CIiY I _-_I__w _ era ~n• Ia./ uut,ul or tens _ rlsc(3 mrck cc ,'utu «wtl t IF II. III ~ Mt NI ,1~I.t~ MD RIVER CONSTRUCTION M 0, e0X 923 , ADDISON, TRXAB 70001 . 121,41 980-4972 446Q 810MA Ro. OTC. 100 0 OALLAe, TRXAB 70234 December 10, 1982 Freaee, Nichols Consulting Engineers 811 Lamar Street Fart Worth, Taxes 76102 Attantiont Elvin Copeland Referancet Hickory Creek Lift Station City of Denton, 'texas f' Dear Sir., As per your conversations with our Mr, Jinn Brown, the soil under the }1 discharge valve will not support the valve nor the monorail piers saris- £aetorially. Therefore, we will provide two steel piers to shale and a cross beam to support the valve, and lengthen the monorail beams to shale omitting the pier bells. This will cost: 401 Wide Flange Beam (W10X 33 or 49) $ 660.00 i Crane with Hairpin 200.00 Labor 24 hrs, at $10.00 240,00 Labor Tax & Insurance 40,80 2-1811 Dia. x 251-111 Cased Piers 10000,00 2-18" Dia, x 151-011 Piers w/Bells 400.00) Sub Total 1, 4 .8 -10% Overhead 174,08 10% Profit 191.49 1% Bond 21.06 E Total Cost $29127,43 Please issue a change order for this about or advise us to ita disposition, f.: Thank you, RED RIVER CONSTRUCTION COMPANY Dean Porter Secretary-Treasurer DP/bjs , 1 :t lit r E R RED RIVER CONSTRUCTION j1 P. O~ BOX 023 1 A0010ON, TXXA4 70001 . (2141 080.4672 ~I 4460 812MA R0, GTB 100 . DA44M T91(At 70234 i' y December 100 1982 Y. r Freese, Nichols Consulting Engineers 811 Lamar Street R Fort Worth, Texas 76102 } Attentions Elvin Copeland r References Hickory Creek Lift Station } City of Denton, Texas ! Dear Sirs As per our phone conversations, the City has requested a price to omit the, items required by Section 16F of the specifications. This can be done at ;his date for a $23„900,00 deduct. However, i due to delivery and ciesign time we need a decision soon or the completion date of the job could be in jeopardy. 1 Should you have any questions, please call. i Thank you, RED 'RIVER CONSTRUCTION COMPANY C: t Dean Porter Project Manager r Di1/bjs { a C ' y an..r.~~r CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET Date- March 1, 1983 SIIl,,ject; Approval of the final plat of the W, Lamont Brown Addition, Summary; The 1v, Lamont. Brown Addition is a proposed two (2) lot subdivision located alon, the soue.l1 side of Mills Road approximately one mile east of Mayhi,.l, The property is located in the .0TJ and the purpose of the plat is to establish two five acre tracts for sale and possible development, The Engineering Department requested a drainage analysis and information on the dedication and distances during the pre- liminary platting stage, The preliminary plai was approved by the Planning and zonng Commission on January 5, 1983, but the information on drainage was n-; sub- mitted, Water and sewor service will appar- ently be provided through a septic tank and well system, City of Denton electrical service is not available in this area, The final plat was denied by the Planning and Zoning Commission at its meeting of February 1983 because of a failure to satisfy en ineering requirements. All technical information was submitted after- wards, and the Planning and Zoning Commission reconsidered they item at its meeting of February 16, 1983, v"Ision Required; Approval of the final plat, V,vc:otmendation; The Planning and Zoning Commission recommendrl approval of the final plat by a vote of 6-0. City Gounci,l Agenda BacK .Up Summary Sheet 14, Lamont Brown Addition March 1, 1983 Page 2 Altornattva, Approval oP the final plat. Attachments; 1, Reduoed plat, 2. Plauning and zoning Commission minutes of meeting of February 16, 1983, David Ellison Development Reviow Planner ~.~IRR~r,..~IMT AHIM♦IMIM~'~1~1M M I 1 ~ 1 .I. aN4 *Is I 9y 'I ,4 0.90' M, ~ 1 `p...~ A !)-.fir , s ) S fi~42 ! 1000 I 1 I trial r..)d Ir 1 I 11 ~ ( ♦ 1 N Y N Ato 1` ; b )1 1 I1 I Y + 'I n~ N M I pQ~~ ^0 M I 1 I 11~ ^ I~ O ~ ~ ~ I 1 N1 1 H ~ j sa M ~ , 't to ~ I 1 s I 1 ~ I r r i COr 1111 r~ s 40r p . y , h 1 1 11 1 ~ 1 ~^^A /r!{{~~~r~+11 1 I~ 11 O {1~ I 11 1 .n 5 + I AA s x )wAyf MIA I IIM '1141 I I yM17lN/~11 Q{. I~. ~,1~ 1 T + fl_ (Vil flli l'♦Ij IJIS 'r ♦ a 11 f I ^1 M. ORRES'1' III,SURVEY AS. 4 / 7 1 .1 I h NI 1 ~ 1 1 II 1t I y 1 1 q I 1 {j Y I 1 1 W j1 I ~ 1 5 L IY I "iY lA i V a 1 I I L I I I ~ )S G 11 I I~! I BLOCK 1 I ~ ' ~ I i 1 1 1 ) ' I 2$P.0' 1 1 s iN80♦13'62IIW ' S0.0' 1 300. 1 W (ANON f 940WN /Ad •Ilf ANN SPOWN , III l 1 i j YiCIWl Y MAP ; SCALE, too 2HN,C5 1 r tlu4es Planning and Zoning Commission February 15, 1983 Page 6 G. Approval. of the final replnt of the Teaoloy Mall, Addition. Air, Ellison stated that property is located along the north side of Uondon(lorry Lane adjacent and wort: of the Toddler 't'own Day Nursery, lie explained that a 111) for a laundromat/dry cleaners use was recommended by Planning and 2onin Commission and will go to the City Council on March that a preliminary plat was approved on Deceuaber 15 1982. lie contini.led that this plot reflects one change from preliminary plat which is the addition of seven feet to west so that petitioners would not have to get involved in drainage way along the eastern edge of property. He said that Development Review Committee recommends approval. Paul Schueler, owner and developer of the laundromat/dry cleaners, stated that they found that ciLy is using, part of their land for drainage area so is could not be used for parkins,. He said lie had to acclui.re additional land and actually move his proposed building over 7 feet. No one w~:.a pc;esenL in opposition to the request, Chair 00C.lar0cl public hearing closed. Mr. Juren moved to recommend approval of final replat of Teasley Mall Addition. Seconded by Mr. .1idor and unani- mously carried. (6-0) IV, Considerations A. Approval of the final plat of the W. Lamont Brown Addition. Alt. Ellison explained that property is located along (UNAPPROVED) south side of dills approximately one mile east of Mayhill. Road in ETJ, that intent of final plat is to create two five-acre LracLs for purpose of sale and pos- sible, development. He continued that plat was denied by Planning and Zoning; Commission at last meeLing because of dedication requirement and drainage analy:ais. It has since been learned that petitioner does not own property to center line of Mills Road and to at deparL•ment has said that city cannot require that EdicaLion. He said there are no further problems with drainage analysis, on question, Mr. Edwards said thaL since road is currently being utilized as a road and has been in uc:e for many years that is considered a dedication of Lbat roac►way. rls. Pays iiioved to . !commend approval of final plat of W. Lamont Brown Addition. Seconded by Ms. Cole and un- anlmously carried. (6-0) CITY COUNCfL AGENDA bACK-IJP SUMMARY SHE LT UaLei March 1, 1983 Subject; Approl,lal of the final replat of lots 1-4A, block 14, Carroll Park Addition. Summaryi Lots 1-4A, block 1.4, in Clio Carroll Park Addition is located at the southwest corner of Fulton and Cordell, The property is zoned single family (SF-7) and the property osgners (Unitarian Fellowship Church) tiro seeking to remove the interior lot- lines, thus, creating a one lot re-subdivinion. Additional. construction of buildings inci- dental to the church uSe is anticipated. A portion of this property is in the iloodway and tloodplain. Adequate finished floor elevations and other building requirements related to drainage will. be imposed during the building permit stake of any proposed development . All streets and public faciliLies are it) place and available for extension to this site. ForLy-tour (44) public notices were mailed to property owners within the preceding subdivision in accordance with state statutes governing replats of property zoned or deed restricted for two family (2-f) or single family re,idential land use. Those in opposition do not constitute the twenLy (20) ercenL mark that would prohibit approval. Action Required; Approve the final p1aL. Recommendation; All technical requirements have been met and Lhe Planning and '/.oning Commission unanimously recommends approval of Clio final plat. Carroll Park Addition March 1, 1983 Vage 2 Alternatives Approve the linal roplat. Attachmentsi 1. Reduced plat 2. Planning and Zoning commission minutes of meeting of February 16, 1983, ~.,j attVAO~~ Uavid Nilsson Uevelopment Review Planner II... t4nat_z-ra: rrsssr.. ~r - i~rai. mn a.rrs+cxcar: -.~..i s'c c ra_v'tx COROEI L $TREET 160, ko w.I 1 ~ lQ t 0 I q ~ =s-. 'r l ,a I 100, ~ 0 8 . u,uie ~ ~ r r/ soft L 0 T IA ;x o 0 2641At1 t JI i of £ Q OIL $ SQ S4,97g141t ^C` v~ 14 roc' ~_m ar., t , ! n r ~ „ l.." '.~.-ro.....a _.wTL,e, I -.rw...> ~~Q.•t f em p~ ~ _~-t ...~.n- «r-~ t l~j to on.°n n L~ I JLiuo I . . _ Vrpa,.rg1•.u -1 .Q ~,\~C j 1'w'i f..l `r..-- - Wftl 343 27' ° . y li 11-0 lic a = ua j ~ 410 tau, N.° °neu„° L~ omf c enu• ° c L.._ L01 0 ~ u f c ~o, i ( La 8 I L y . p . Mi~~utes Planning and 4ouing commission F'obvQovy 150 1983 Page 2 Ill, Public liearing;s A, Approval of the final replaL of lots 1 - 4A, block 140 Carroll Park Addition, (UNAPPROVED) Mr, Ellison explained request stating Lhat, in compliance with stato atatutes, 44 notices were mailed to properLy owners within the subdivision; two reply Covina were re- ceived In favor, one reply form was received in opposi- tion. Ile said this does not constitute the 20 percent that would prohibit approval, lie continued that property is located at the corner of Fulton and Cordell, that sokmF of property is located in the floodplafn rind some in th-a floodway, that location of the proposed buildings would be determined at they building permit sLab~e. On quel3tior< Mr, Edwards said that structures are prohibited in the floodwayI that a parking lot can be built in the flood- plain, Lilac engineering department would have to look ar, parking; lot plans. Carla Cr.isford, member of Unitarian Fellowship Church which owns the property, said existing structures were built about 22 years ago, that buildings exist on lots 1 and 2, that other lots were purchased at a later date. She said their immediate building program is for addi- tional classrooms, that they hope to build a sanctuary within five years, She said they found that a variance would be required for setbacks, therefore, they decided to proceed with replatting of the property. No one was present in opposition to the request. Chair declared public hearing closed. On question, Mr. Ellison said that all technical require- ments have been met. Mr, Sidor moved to recommend approval of final replat of lots 1-4A, block 14, Carroll Park Addition. Seconded b:, Mr. Juren and unanimously carried. (5-0) CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET Date; March 1, 1983 Subjects Approval of the final replat of the Oaks Addition, Summary; 'rho final plat and angineori,ng pplans of the Oaks Addition have been reviowed at length by the Development Review Committee. The developer is res onsible for consid- erable improvements ~o I,O,O,F, street (perimeter street paving policy), the water and sewer distribution system and drainage system. All technical require- ments have been conveyed and accepted by the developer and detailed engineering plans have been submitted for all the improvements, Specifically, approximately 780 feet of street improvements will be made to the west side of I,O,O,F, street and approxi- mate)yy 315 feet of street improvements will be made along the east side of I.O.O.F. street, These improvements will include wideningg, curb and gutter, and storm sewers. A six (6) inch water line will have to be looped into Sycamore Street (from Highland to Sycamore) and an eight (8) inch sewer line is required, I,O,O,F, cemetery will be affected by construction and infra- structure installments and the developers have agreed to satisfy certain requirements and recommendations of the Parks and Recre- ation Department, The replat was withdrawn at the request of the applicant during the Planning and Zoning Commission meeting; of February 2, 1983, The necessary engineering corrections were submitted on Monday, February 14, 1983, and the Planning and Zoning Cormmission held a public hearing to consider the final replat on February 16, 1983. The Oaks Addition (final re ]lat) March 1, 983 Page 2 Action Required, Approve the final replat, Recommendation: All teohnical requirements have been met, The Planning and Zoning Commission recom- mended approval of the final replat by a vote of 6.0 at its meeting of February 16, 1983. Alternative; Approve the final replat. Attachments; 1. Reduced replat, 2. Planning and Zoning Commission minutes of meeting of February 16, 1983, David Ellison Development Review Planner r ,k I ! 1 1 +r anu , ~ll ll •I , 111 , tl/ ! I 1 1 .•l l y. 11., ,11 ~ 11 1 + Of YICUHIr Y1ab h y I i I ~ 1 s {A ~I,~ jIV giiw I lilt Nlij i Iru!^O•J I, *x 04 N11YI I iV It I Q141. I I ( ti IYIti }ti'Mf ~n)P, 1+ ' a n HI IYI 1.•1. 11••11 IH I Y W'4111 0 76 I I 11111.7 -1 I1, ly, ~ vH I's 4% 1'111/•1!01.1 m N' 1 a N y CNC }!N1/! SI ~fU 1 I 1 1 I y''11 ulln Ine.tc. 111 /r10 N' 1110 I'• VII I{ 111 All, 4a.4, I S 1 1 / +t' I ~ 1I) 7 r 1 I W1 1 I t~ LOT ONE 0 4r I I atocx two a ! DoT ONE !1 1. BLOCK ONE ` I J ' 11 Oral/l✓a/11~1, a 1 •f/~ 1` r ,J -J 111 Ij l X11 IA 01111111 Q •~,frl 11 I 1 ~ I I al~ f,~ J A! "'VA'94 JINCCC 11, It;/ i b r1,1` 0 IItU I la 1Ia1H1 I 10111 , 11' 111119 11111 •[11I,V { l irj 11r 111 It IU o f !1 CCME1t MY J I I al 15 J is 1 11. 141 at- N 16 Nj JA'0 r111!' • Sl XC!! AECL7IVEQ JAM fl 13J7 ~ I htir~utpQ Planning and honing Commission February 15, 190 Page 14 E. Approval of the final replat of the Oaks Addition, Mr, Ellison explained that plat was withdrawn by appli- cant at the loo t meeting because of engineering problems, that engineering problems have now been worked out and (UNAPPROVED) Uevelopment Review Committee recommends approval, David Morris, one of developers of property, stated that problems have been resolved and they are now requesting approval of the replat, No one was present in opposition to the request. Chair declared public hearing closed. W. Juren moved to recomme!id approval of final replat of the Oaks Addition. Seconded by Mr, Sidor. A gentleman spoke from the audience stating that devel- oper had done an excellent ,job, that project would be an asset to city, He said he was concerned about a traffic flow problem. Vote was galled and motion carried unanimously. (6-0) F. Approval of the finai repltlt of tlae SOL10mont Place Addition. Mr. Ellison explained that rezoningg request was approved on December 1, 1982, preliminary ttt was approved on November 3. He said this is the Final replat, that it conforms with all. conditions of PD site plan and Develop- ment Review Committec recommends approval. He continued that in compliance with state statutes two'notices were mailed to property owners in the subdivision, two reply forms were received in favor, none were received in op- position. Chairman asked if there were any changes and Mr. Ellison replied that final replat follows zoning and preliminary plat approval. Nolen Browne, representing developers of Sout•hmont Place, stated that the plat is being submitted for approval with minute changes recommended by city staff which they have complied with. i I CITY COUNCIL ACNNDA BACK-UP SUMMARY SHEET Date; March 1, 1983 Sub,jecti Approval of the final replat of the Southmont Place Addition. Summary; A rezoning request was approved for this site on December 1, 1982. A preliminary plat was approved on November 3, 1982. The final replat conforms to the approved site plan and preliminaryy plat and all property owners within the proceeding subdivision were notified to i.nsurU that 20% or more are not; opposed to tho replat request. Action Required; Approve or deny the final replat.•. Recommendation; The Planning and Zoning Commission recommends approval of the final replat by a vote of 6-0. Alternative; Approve the final replat. Attachments; 1, Reduced replat 2. Planning and Zoning, Commission minutes of meeting of February 16, 1983, A4J P-i David Ellison Development Review Planner ..f I V µya I / • f \ aSa , 11 ITO to h 7 ~ t l I Its I r + jf l fey, ~..li•:_l._:~is~--- " ' v N r y p ,1ru'a'11J y i~11'1'I'. ORIVf IN +1 Ir~i'a''/•2.y ! 1 IANO~ S V: ,r,~ti1f M1 I . .Ir1V 11 1lIw 1111 t? r, ! 1 a' X1'.7 HII , a bu X11 %l. t~ .111 i~~ l y+`((a BLOCK I 1. ~ "`e ,0 a ) ~ ( I ")eel All. n ' a 1"YI 1. 1 I\ t6 1 + , ,I 1 1 1+ ' i 111 T1 'lU(... •-~.,1..rL' a,+ _ . _ 1 ~ ^ J r , IoutalroNl QRIV4 $ 11 u.+. 41'. +a fe( luu'+rw c'' - nom. 111,11.11 r H a ~ 11 r e' 1f v'i pal 1 ~ ' + • '1141 - a ~ r'.. D'\ . r,~+ . ( ~j (1) ) + iSl j!~ L.. X81 < ~q. BLOCK z r k, t f E 1y 1 1 Y . : ' ; I I 411'\I I1'e +111 ( VI'1'1t 11• i/II 1. ,ll la ~ 1 1 ,~1 fl'O71t'a 0 6 ` 1 BLOCK 7 tit: !ll r 1 1 A ilaV b„pln'S 11 n'11y.•11Y 2R i .1 LOT A Ino L.UCNI tl l l lJ'. 4'Pd ~ J a'li b~ 601 '+f+ 91!'C4 ,f 111 IITV Cully( 0418 iv S... ~ ~ a I i 1 .4~~=i~,:l 1''f3l !III.. I ~ 1 I'\ "1~o» as ,7,V 1 .r+,11 oa raAl. ,9 la ab 6f• Vnl UN~. 11y1 11' 1)' 14gp !1 MN I Nd ie All o., i1' N It n1YHed F,nol PIVI 1 U'N1.~L Y tt1)1t SOU71~M0N17 PLACC Ea lu~n'. .i'11g 4M. iCC4711J11 ,+n Eelnl 4,eol01 nl loll ? Inrn I Omcl d, l VAR Lola 2 thev 6 and cool VI of I Pwc+ 2 , r 5DV F11 Al1N17 SUUDIV1510i1 I .Inanale SC nL( 11: ree' Se<non qne ....~SITE fdr "I DlnlOn, Ce Man loud r, !el Oa Minutes Planning and Gonir.6 commission February 15, 19`.13 Page G E, Approval. of the final replat of the Oaks Addition. Mr, Ellison explained that plat was withdrawn by appli- cant at the last meeting because of engineering problems, that engineering, problems have now been worked out and Uovblopment Review Committee recommends approval, David Morris, one of developers of property, stated that problems have been resolved and they are now requesting approval of the replat. No one was present in opposition to the request, Chair declared public hearing closed, Mr. Juren moved to recommend approval of final replat of the Oaks Addition, Seconded by Mr. Sidor. A gentleman spoke from the audience stating that devel- oper had done an excellent Job, that project would be an asset to city. He said he was concerned about a traffic flow problem. Vote was called and motion carried unanimously, (6-0) F. Approval of the final replat of the SOUthinont Place Addition. + (UNAPPROVED) Mr, Ellison explained that rezoning request was approved on December 1, 1,982, preliminary plat was approved on November 3. tie said this is the final replat, that it conforms with all conditions of PD site plan and Develop- ment- Review Committee recommends approval. He continued that in compliance with state statures two notices were mailed to property owners in the subdivision, two reply forms were received in favor, none were received in op- position. Chairman asked if there were any changes and Mr. Ellison replied that final replat follows zoning and preliminary plat approval, Nolen Browne, representing developers of Southmont Place, stated thr:t the plat is being submitted for approval with minute changes recommended by city staff which they have complied with. ~1lnutes Planning and Zoning Commission February 1.5, 1953 Page 5 Ur, Roy Kindrick stated lie would like to see ch+inges re- ferred C~► and Mr, Browne explained that Traffic Engineer had requested a change in pavement within right-of-way to tee Pennsylvania Court Into Southmont Drive, that other than that there were some minor lot line changes relative to drainage easements, Ur, Kindrick referred to public notice which described lots 2 - 6, block 1, stating that only four lots were shown on plan approved by Planning and Zoning Conunission and City Coun,:il, Mr. Ellison explained that le al notice described what is existing, not what is proposed, and stated that changes bein discussed are changes of a tochnicalsnature, Mr, ,dwards explained that as a plat is reviewed, cor- recti.ons are received, that the changes are not a viola- tion of the approved zoning or subdivision regulations, Mr. Ellison said that four plans reflecting technical information requested by staff have been received since Planning and Zoning Commission backup material was mailed, Chairman said he would like to see a copy of latest pplat, that he felt Planning and Zoning Commission should be able to see what they are voting on, After further explanation and discussion, Dr, Kindrick indi- cated he had no objection to replat. Dr. Kindrick further commented that he was very concerned about school children not having a place to ride bicycles to school and asked that when the vacant land behind the school is developed that staff try to allow for an ease- ment for a bike lane or pedestrianway, David Nolen also appeared and,asked about mahout. Chairman explained that state law only requires that those persons in the subdiviion be notified, Chair declared public hearing closed, Mr. Sider moved to recommend approval of Southmont Place Addition, Seconded by Ms. Cole and unanimously carried, (6-0) rk I j ~ 1 CITY COUNCIL AO&NDA BACK-UP SUMMARY SHBET Date; March 1, 1983 Subject; Appproval of the final replat of lot 4-A, b ock B, Teasley Mall Addition, Summary; This is the final replat of an approximately 0,300 acre tract located along the north side of Londonderry Dane, adjacent and west of the Toddler Town Day Nursery, City Council action on a request for planned development (PA) zoning for a Laundromat/ dry cleaners use is so eduled for March 1, 1983, A preliminary plat was approved by the Planning and Zoning Commission at its December 15, 1983 meeting, All streets, utilities and required public facilities are in place, Action Required; Approve the final replat, Recommendation. The Planning 1tnd Zoning Commission recom- mends approval by a vote of 6-0, Alternative; Approve the final replat, Attachments; 1, Reduced replat 2, Planning and Zoning Commission 6inutes of meeting of February 16, 1983, ut~~ f llFnrn~ David Ellison Development Review Planner LNC.A rlQ&J MAP r!1 P ,v stair .T!r l , (N- NVAD00 aUblrlo'-v o~,l.,•1.l Sl7JIn5VCSt v1tC:vt.llnts 460 S B 9• t!' p" F 11 h c.oTy 48 * WAr.,.ll;l ,n yc.oT as z GU' 1- 4 T J ' ,M_.. a.I 40-4 050.0 j lot 60 f ONDO NOE"RRY ORIVf. I VdAf L_ i STEVE (MYNES 2232 STUNtGAtr OEIIfON, rc)(A3 7C,201 Minutes Planning and Zoning Commission February 151 1983 Page 6 G. Approval of the final. replat of the Teasley Mall Addition. Mr, Ellison stated that property is located along the north side of Londonderry Lana ad acent and west, of the (UNAPPROVED) Toddler Town Day Nursery, lie exp~ained that a PD for a laundrumat/dry cleaners use was recommended by Planning and Gpnin Commission and will go to the City 0ouncil on March that a preliminary plat was approved on December 15~ 1.982, He continued that, this plat reflects one change from preliminary plat which is the addition of seven feet to west so that petitioners would not have to get involved in drainage way along the eastern edge of property. lie said that development Review Committee recommends approval. Paul Schueler, owner and developer of the Laundromat/dry cleaners, stated that they found that city is using part of their land for drainage area so it could not be used for parkin*. lie said he had to acquire additional land and actua ry move his proposed building over 7 feet. No one was present in opposition to the request. Chair declared public hearing closed. Mr. Juren moved to recommend approval of final replat of Teasley Mall Addition. Seconded by Mr. Sidor and unani- mously carrieri. (6»0) IV. Considerations A. Approval of the final plat of the W, Lamont Brown Addition. Mr, Ellison explained that property is located along south side of Mills approximately one mile east of Mayhill Road in GTJ, that intent of final plcit is to create two five-acre tracts for purpose of sale and pos- sible development. He continued that plat was denied by Planning and Zoning Commission at last meeting because of dedication requirement and drainage analysis, It has since been learned that petitioner does not own property to center line of Mills Road and Le al department has said that city cannot require that dedication. He said there are no further problems with drainage analysis, on question, Mr. Edwards said that since road is currently being utilized as a road and has been in use for many years that is considered a dedication of that roadway, cis. DlaY it s moved to recom lend approval of final plat of W. Lamont Brown Addition. Seconded by Ms. Cole and un- animously carried. (6-0) a DENTON COMMITTED c ' ON EMPLOYMENT OF V4tof1",1, THE HANDICAPPED '°F February 8, 1983 Dear Fr. ienid t Your rr-F31 (C~xVI'ON CCL`Mr= ON EMPIAYM= OF VE 1- VDIWPED) has keen workimp I Here's the results Handicapped Awareness week is planned for the week of March 6-12, 1983, An out- liz:u cif plw-aiW aQUk,iLie-s is enclosedi fo-: you. This; will Le cui excit ny keep - please plan to attend, or send your representative, to at least some of the activities and lend your help and support. Foams are enclosed for Doti to nentinate candidates for i,IANDICAPPED DIPLOYEE OE' THE YEAR and DIPLOYER OF THE YE:M Candidates will be screened by the DCEIi and a winner selected, based on merit, in botli categories, Deadline for receipt of these nminations is March 3. Remenbex, you may noiiuna more than one individual of employer, and you may ncrinnate yourself. Our local winners' applications will be forwarded to the Governor's Ccmnitt:ee on Employment of the Handicapped and will be considered for the Governor's Award. State honorees will be considered by the President's Ccomittee for national awards. Both winners will 1>3 honored at the DRI N CCa MITM ON Dfl1,OV*= OF TUE H,VIDICAPPED 1983 AWARDS LMC ON, The Awards luncheon will be held on Friday, March 11, 1983, 11s45am - 100pn at the Silver Eagle Suite, Student Union Building, on the North Texas State University campus, Our quest speaker will ba Kent Waldrop, former 'I'CU football player, now associated with the American Paralysis Association, and youngest Presidential appointee to the National Council on the Handicapped. You are cordially invited to attend the 1983 Awards Luncheon. A reservation blank is enclosed.' The cost will be $6,00 per person, We must have reserva- tions by Frift,j March 4, 1983, If you have any questions, please contact me at 566-2000, ext. 293. Please mail Luncheon reservations by March 4, 1983 to jan Marrs P. 0, Box 1007 Denton, 11% 76201 Please help your r)GI;II help our caimnity..... Jan hSirrs, Chairman g ' Diploymem sub-camtittee ,64 1980s - - INTERNATIONAL DECADE OF DISABLED PERSONS RESERVATION FORM DENTON COMMITTEE ON EMPLOYMENT OF THE HANDICAPPED 1 9 8 3 Awards Luncheon Please make reservations for guest(s) @ $6.00 each, for name 5 is enclosed. ~~(V)Will pay at the Luncheon. (P~Ed34r no cancellations after Tuesday, March 8.) Send reservation form tot Jan Marrs P, 0. Box 1007 Denton, Texas 76201 (566-2000 ext. 293) 4,1 I, e. TENTATIVE ITINERARY FOR HANDICAPPED AWARENESS WEEK MARCH 5.11, 1983 SatMarch 5 ccessibi.l-itX tud of Denton Al Day TWU An NTSU Students and Community Volunteers Denton Committee on Employment of the Handicapped (DCBH) &wareness Exhibit All Week Golden Triangle Mall Penton Committee on Employment of the Handicapped (DCEH) Information Table 12 noon - 5 pm Golden Triangle Mall Hrind_i ccapoed 'Bowling League 4 pm - 6pm Brunswick Varsity Howl Sun,, March 6 Beep Baseball Exhibition sponsored by n4U 3 pm - 4 pm TWU Softball Field Tues,, March 8 Independent Living Demonstrations TWU Dormatories Facu t vs, Administration Wheelchair Relay Race 12 noon Union Courtyard, NTSU Handicap Simulation sponsored by NTSU Rehab 7 pm Denton City Council Wed,, March 9 Handicapped Awareness Films 10 am - 12 noon; 1 pm - 3 pm One O'Clock Lounge, NTSU, Piano Recital Duncan Holmes, Blind Pianist NTSU Masters Degree in Music 12 noon Union Courtyard, NTSU 14 Signed Singing sponsored by the TWU Communication Science Department 1.200 pm - 12;50 pm TWU Student Center Snack Bar Thum,, March 10 Facultl• 504 Re&ulat1.ons Work~shoy Ted Crim, U.S, Department of Education ,2 pm - 4 pm NTSU Union - RM. 410 Friday, March 11 Denton Committee on Employment of the Handicapped ward_,s_ Luncheon Kant Waldrop, American Paralysis Association 12 noon - 1;30 pm Silver Eagle Suite NTSU Union Bldg, NOMINATION FOR HANDICAPPED PERSON OF THE YEAR (Please print or type all answers, and answer all questions completely, Use extra sheets of paper if necessary,) 1, Nominee's name _ Data of Birth 2, Home address _ 3. Business address 4. Home phone Business Phone 5, Name of Employer, Nominee's job title _ 6. Nominee's maritial status; Married single No, of children 7. Describe nominee's disability and explain how and when acquired. 8. Describe nominee's rehabilitation 9. Explain what training and experiences enabled nominee to perform his/her current activities 10, Explain how nominee has shown ingenuity in adapting to his/her work and living environment. What adaptations, if any, needed to be made? 11, Describe nominee's past and present. involvement in areas affecting disabled people on the local level, the State and national level. (over) 12, Outline nominee's employment background: Organization Dates Job Title Income (d)_ 13, Outline nominee's educational background: . (a) Highest grade completed (b) Years of college completed (c) Degrees earned_ _ (d) Other significant specialized training, or courses completed 14, How will the selection of this nominee as the HANDICAPPED PERSON OF THE YEAR improve the chances of other disabled people becoming part of the mainstre+ar•. of American life? (Be specific,) Please furnish the following information for all nominations: This nomination is submitted by; Address: Additional Comments; NOMINATION FOR EMPLOYER OF THE YEAR Please print or type all answers, and answer all pertinent questions completely. Extra shoats of paper may be used if necessary, 1. This nominee has; Fewer than 200 employees__ More than 200 employees_ 2, Nominee's name Phone Address Type of business 3, Explain policy pertaining to employment of handicapped persons. 4. What are the procedures and sources for outreach and recruitment of handicapped employees? 5. What special accoaunodations, if any, have been made for severely disabled employees? 6. Has there been any special orientation or training for supervisors in dealing with handicapped employees? Please describe, 7. If unionized,, are there any labor-management agreements that facilitate employment of handicapped people? c (overt' 8, Has the nominee made a concentrated effort on the local, state, and/or natia nal level to encourage other employers to hire handicapped people? (Expi mew..bership in organizations interested in disabled people; supports workshops, etc,)? 9. In what ways do the nominee's achievements exceed legal requirements? 10. Number os total employees Number of handicapped employees- t 11, Number of new employees hired last year "lumber of handicapped M Employee disabilities; Jobs performed; (a - - 13. If nominee is an individual, please give: Nominee's name R title Home address Home phone_ - Phase furnish the following information for all nominations; Nomination submitted by: Address w ^r,one Additional Commerts: P-. rrj I !t is reronmonded that compus be ipprooched from fast side, bocuuse r,ar i of one-way streets, malls, and parkincl, r. Note that the East entrance is at f Level 1. Take staircase to the right and go to 1-eve] 3r the i Silver tai}ie Suite is straight r ahead from the stairwell at Levcl f~,t 3, to the ft), south side of the buiidingr The West entrance is a ramp which j brings yollin just a few steps from the Silvcr Eagle Svitc, almoct stralght ahead, just a b,, to the right 1 ovridcr. ~ rM~ F~a w- yQI J r r . r ~lrcr ,:,4.lIL VV 44* 1 d //a old,( 61 Q 6~ej t r.~1lltl y .,,E ARCHITECTUAL HARRIERS SURVEY FORM TYPE OF FACILITY -,FACILITY# l{-'' I SEQ NAME OF FACIUTY PHONE 1...~. 1-1 ADDRESS , . , , , , . • ' . 'LIP , , , 762Q ACTION A INSPECTED BY, . , DATE, , 1, IS THERE OFF STREET PARKING? YE 2. ARE'THERE PARKING SPAUS RESERVED FOR HANDICAPPED? YES NO 3, MAXIMUM NO, OI' STEPS FROM PARKING LOT TO FACILITY? FN ONE t,40AE IS THE ENTRY BARRIER FR.:E? 1'ES NO 5. IS THE INTERIOR ACCESSABLE;? E NO 6. WIDTH OF RESTROOM ENTRANCE:? =IN. NIA 7. WIDTH OF THE RESTROOtA STALL? =IN, N/A S IS LAVATORY ACCESSABLE? YES NO N/A 6, IS MIRROR ACCESSABLE? YES NO N/A ' 10 IS THE TOWEL DISPENSER ACCESSABLE? YES NO N/A 11. ARE THERE GRAB BARS? BOTH l R NONE 12, IS DRINKING FOUNTAIN ACCESSABLI ? YES NO NONE 13. IS THE TELEPHONE ACCESSABLE? YES NO NONE 1?- IS THERE AN ELEVATOR? YFS Nd 1 rL0 15. ARE THE ELEVATOR CONTROLS LESS THAN 48 IN. FROM FLOOR? YES NO N//1 CTION COMMENT g o _ C r _i 1 LL 1 l I I .I 1 1. 1. 1 1 4 1 1 j I 1 I C 1 I 1 L, 1 1 ! 1, 1 I I I I l 1- 1 I 1, I 1 l I 1 I 1 l t. 1 1 1 l I I l 1 [ I I N_ I l„ I I_ t I ---1- 1 i t m i C 1. _ I J„ 1 ~j I 1 1 l I I l I l l 1 l 1 1 _ I 1 I 1 1 OWNER/MANAGER/REPRESEN'TATIVf: CONTACTED AND REACTION: PUNNING ANU ::UN1NG' GUMNISSt0N RECOMMENDATION TO THL•' CITY GUUNCIL To: Denton City Council. Case No, L-1556 Uate; March 1, 1983 GENERAL INFORMATION Applicant; Paul E. Schueler 2806 Santa Monica Denton, TX 76201 SLatuS of Applicant; Prospective developer Requested Action; Change in zoning from multi-family (MF-1) to planned development (PU) for a neighborhood service use. Purpose; Development of a launaromat/dry cleaners, location and Size; 0,300 acre tract beginning along the north side of Londonderry Lane adja- cent and west of the 't'oddler Town Day Nursery. Existing Land Use; Vacant Surrounding Land Use: North - Multi-family residential; MF-1 South - Multi-family residential, Teasley Mall, office; MF-1, GR, Office East - 't'oddler Town Day Nursery, Precious Cargo; NS West - Vacant, Multi-family residen- tial; MF-1 Land Use Intensity Plan; Area is designated as low intensity, L (z-1556) Page 2 SPGGIAL iNFUKMATIUN Public Facilitiesi All utilities are available for ex- tension to this site, Staff has been advised that the lines have the capacity to serve the proposed devel- opment. Transportation: Londonderry Lane is an improved col- lector type street, 'Teasley Lane (arterial) begins approximately 450 feet east of this property Parking; one space for each two-hundred (200) square feet of floor area (minimum of five (5) spaces). Thirteen (13) spaces are required for the laundro- mat/dry cleaners and thirteen (13) spaces are projected on the site plan. ANALYSIS welghborhood service (NS) land uses are recall and service re- lated uses with building space typically limited to 4,000 square feet of floor area. Theoretically, neighborhood service uses are located in areas that legitimately have a need for the pro- posed services and designed so that overall neighborhood Integ- rity is not negatively Impacted. Day care centers, convenience stores, bakeries, of'f'ices and retail stores limited to 4,000 square feet in size, are all examples of land uses permitted in a neighborhood service (NS) zoning, district, n laundromut/dry cleaners is also a permitted use in a neighborhood service (M>) district; however, staff advised the petitionor that insurances associated with planned development (PD) zoning, would make the proposed development more reasonable and attractive than unre- stricted zoning. The site plan for this development shows a 2,500 square foot building. The parking and maneuvering areas and the curb cuts all conform to Gity of Denton standards. Two (2) curb cuts are propposed and it is felt that they are necessary if the angled parkins; shown on the site plan is approved. It Is also felt that there is adequate space to develop the parking scheme in some other manner if the City Gouncil objects to the present (4-1556) Page 3 ANALYSIS CONT1NUtall plan for any reason, The petitioner has acquired an additional seven (7) feet of property to the west since the proposal was approved by the Planning and Zoning Conimission so that a drain- age easement along the east property line will not be disturbed U the petition is approved and development occurs, All area requirements are being mot (15' front 10' rear and side), The proposed development plan also provides for landscaping and a four (4) foot sidewalk along the front of the building, The laundromat/dry cleaners use is subject to Development Guide criteria for diversified land uses in low intensity areas. The special Robson Lane Teasley Lane and west of 1-35 E. area pol- icy in the Development Guide provides that the 'Teasley and Hobson Lane area is to be limited to low intensity (primarily single family) development with very limited neighborhood ser- vices zoning and land uses and small isolated apartment and townhouse sites. The requested laundromat/dry cleaners is lim- ited in scale and is adjacent to a commercial day care center to the east, and undeveloped multi-family property to the wesi;. The west side of Teasley between 1-35 E. and Londonderry is primarily consumed by multi-family, general retail and neighbor- hood service zoning and land uses. There is a section of agri- cultural (A) zoning which begins adjacent and south of the 1-35 E. service road, but is is unlikely that single family develop- ment will occur at this site. The laundromat use is not incom- patible with surrounding land uses and zoning. The property has adequate street access and strict site plan control is provided. Setbacks meet G fty of Denton requirements and landscaping is being provided. Intensity is not considered a problem with this particular request, but it is strongly recommended that all futura retail, commercial and neighborhood service type land uses be carefully considered to insure that the area does not become a major or moderate intensity center. A large concentra- Lion of multi-family development is also undesirable and it would be ideal if duplexes, Lownhouses and other diverse resi- dential uses, sprinkled with limited office and neighborhood service type uses, were to develop on surrounding vacant prop- erties. (G-1556) Page 4 IUCOMMENDATIO The Planning and 4oning Commission recommends approval of Z-1556 by a vote of 6-0 with the the following conditions. It The use of the property shall be a laundroli)Wdry cleaners only. 20 The property shall be developed in accordance with the approved site plan. 3. All applicable city of Denton subdivision regulations, development codes, building codes and zoning; ordinance requirements shall be complied with prior to issuance of building permits and a certificate of occupancy. 40 The building sign as indicated on site plan in rock bed with railroad ties shall not exceed six (6) feet In height. (measured at grade level) 5. The minimum distance from the southern edge of sign to the property line shall be no less than ten (lU) feet. b, A six (6) foot living screen or a six (6) foot wooden fence shall be erected along the western property line. ALTERNAT1VES 1. Approve petition with conditions. 2. Approve petition without conditions. 3. Approve peLit-ion with additional conditions. 4. Deny petition 54 Table for future consideration. ATTACIIMENTS 1. Aerial 2. Site plan 3. Architectural Elevations 4. Property Owners List 5. Reply forms total 6. Planning and Zoning.; Commission minutes of meeting of December 15, 1982. a 1 I Y I I st ; r. "1 7 Ia JW dr r. t 'Aff Ilk i R 'r " + ~}Y~~~'L Ilk. y r 5 l : IINIt1 11111{1 ' I l µ l t~M~y t, •..1MJ_Irw.t 1 Mt+ IY1tV~ tMl Tr ' HI I'riJJt fff NI Wi- -IN J) t ~ p~ -RM . 1 f 1 r N' F F ELEV taro. wttll.t'Ir f , ~w'trl w rl! ir1 t.r .+r.u r...1 , ~ ~ h+Learr ~ ~ r, f . f S I1ry som F -1 ` I i f 1 1 ~ 111 1 S IWN i,. tl Mt j11 ' ~I IL toll,, 77e ~ 1- I I 1 r 44H 1'. w t l l' t41 It'' s I 1 I 0' 1 „ rt111 aP-...- II1, o1 I t 1 1 , i 1 . i 1+I 111 ~11 41. 1111 l` 1 1146 it "~..'IMM '1YNA M.I 'J^ t ff~ i 1tA ^r6NIh/Af.J"'• ~Iylif~tM)i { r+ a y'[[' 1 1 ~ . ~ ' tw7Mt Ir7.tlwr IMt M•IVI,M ly r :Rtt-~-_'---_-• r'' tON00NOfRRY CANt 1 1 ' 'tnt ' CHOMIfI1(LU9 11 *11101IA 'lll r.Ir 11. 1r 11 at<\ ~Mq.•XM; M I~I PAUL MSKILER ORAQINO PLAN j Rcama7lif{w 9+?Ew t J,PLAN 1f KAKIN wtr, mron n 1 tnrnr Mrtrov. i s V I-) EAST ELEVATION i 1 . _ S C '1 - - ~ - - rte. SOUTH ELEVATION v. PROPOSE 0 ELEVATIONS FOR A LAUN(ROMAT FOR PAUL SCHUE14EN 1j 1 - L V) - Ii G a r4 to t2 ild re w /Y - - L]lo-o4 C6X - - tt! fJ.tm p Ale Iii Sill, f~ fa ~LA ,St to k - 3 - - - f ! !fin G CITY COUNCIL PROPERTY OWNER REPLY FORMS 2-1556 IN:rAVOR rN OPPOSITION UNDECIDED Steve Cuynes None Reoeived None Received 2232 Stonegate Denton, Texas 76201 566-4604 E. Joseph Bendziok 1810 Teasley Denton, Texas 76201 382-4007 I r~inutQa Planning and Zoning Commiesion December 15, 19$2 Page 11 purchased property. He said Commission has to consider adjacent home owners and sometimes a compromise is neces- sary.. Mr. Sidon; moved to table regqrest and have developer re- view his plan, lie auggested duplexes along Bernard, to be more compatible with adjacent land owners, and in- creasing intensity to east. Seconded by ble. Cole. Chairman stated he didn't feel it wise to table with,:>ut something specific. Vote was calledi Aye - Claiborne, Cola, Escue, Sidon Nay - Juren, LaForte Motion carried. After further discussion, Commission advised petitioner to contact adjacent property owners and come back wiKh a better arrangement for Commission to consider at its meeting of January 51 1963. Mr. Jester agreed to time specified. ~U. Z-1556. This is the petition of Paul Schueler reque.st- ing a change of zoning from multi-family (MF-1) to the planned development (PD) classification for a neighbior-- hood service use on a 0.300 acre parcel located on the north side of Londondorry bane beginning adjacent amid west of the Toddler, Town Day Nursery. If approved, the planned development (PD) would permit development of a combined laundromat and dry cleaners. Mr. Ellison explained request stating that eight not6ces were mailed to property ownerst two reply forms were received in favor, none were received in apposition. Paul Schueler, petitioner, stated he is aware of sensi- tivity of rezoning anything in this area as he lives in the area, that after preparing his site plan lie contacted various persons and received favorable comment with u1ni.- ma1 ection in one case. He said that engineering and survey~ng department suggested that he locate proposed building as far to northwest as posuible because of drainage channel, therefore parking area is located next to drainage channel. He said that lie is providing 13 parking spaces with two curb cuts, shrubbery along north and east sides, a low sign of railroad ties which will be surrounded by green areaa. He continued that proposed Minutes [Tanning and zoning commission December la, 1982 Page 12 use is a laundromat/dry cleaners which will be open from 7 a.fn, to 10 p.m., that a primarily concern was aesthet- ios of exterior of building. On question, Mr. Edwardh said that property is located in the flood plain, that city will. have to establish an ele- vation when a building par.mit is requested, that there in adequate room for ,proposal. Barbara Lassiter, owner of Toddler Town which is located on the east aide of the drainage ditch, stated that when they purahased their property they were assured that everything clown the street would be multi-familyr that they are oppposed becauso they want to keep home environ- ment for their day care center, She said she is design- ing living quarters above the day nursery in order to live on premisee, that she has a problem with a laundro- mat next door in terms of living there and in terms of environment for children. She said she talked with Mr, 5chueler about putting building next to her rather than the parking area 49 she doean t like looking at the parking lot, A living screen between parking lot and Mrs. Lassiter's property was discussed and Mr, Edwards stated that developer could move building and still be in conformance' with flood damage prevention ordinance but there is an easement in tliir, particular area making it more suitabl,i and compatiblrr to% parking. He said he would prefer the arrangemrin lilt, it is shown on site plan. He also said that any ty,e of shrubbery, a wooden fence or a chain link fence would act as an impedus and would prevent water frog flowing into drainage channel. Mr. Ellison continued staff report stating that area is designated as low intensity by Desntort Development Guide, that proposed use is well within spirit of Neighborhood Service which is defined as something limited in size and scale and which fulfills a need. fie said that specific Hobson, 1-35 and Teasley area should have low density residential with limited retail arid multifamily but that area south of 1--35, north of Londonderry, west of Teasley and east of Acme should ue recognized as an area which will never be developed as single family residentia:i. He continued that staff recommends approval with conditions and pointed out that petitioner has a preliminary plat on agenda and subdivision approval as well, as zoning appro- val will be required. Mr. Edwards advised that drainage questions would be looked at in the final plat and re- peated that the drainage channel should be open so as not I, Minutes Planning and Zoning Commission December 15, 1982 Page 13 to back up water. On question, he said that flow is con- aentrated in arking lot, that there should be no problem along north syde of proerty as water would be contained in curb lines of parking .lot. Chair declared public hearing closed. Mr. Juren stfA4ed he felt proposal would be an improvement to neighborhood and moved to recommend approval of Z-1556 with the following conditioner 1. The use of the property shall be a laundromat/dry cleaners only, 2. The property shall be developed in accordance with the approved site plan. 3. All applicable City of Donton subdivision regula- tions, devdiopmont codes, building codes and zoning ordinance requirements shall be complied with prior to issuance of building permits and a certificate of occupancy. g. The building sign as indicated on site plan in rook bed with railroad tiesr shall not exceed six (6) feet in height. (measured at grade level) 5. A six (6) foot living screen or a six (6) foot wooden fence shall be erected along the western property line. Seconded by Mr. Sidor. Mr, Claiborne asked about sctbacl; from street for sign stating that because of close proximity to curb cut vision could be blocked. Mr. Alison advised that exist- ing sign regulations allow a sign within the 25 foot front yard setback if it is a quick service type busi- ness, that no minimum setback is stipulated. Dewey Fields, surveyor, statod th2it if sign is positioned as shown on the site plan them-, would be no vision prob- lems. Mr. Claiborne amended motion to include additional condi- tionl 6. The minimum distance from the southern edges of sign to the property line shall. be no less than ten (10) feet. Seconded by Mr. LaForte. 4 Minutes Planning and Zpniny Commission December 15, 1982 Page 14 Vote was called an amendment to motion which carried unanimously. (6-0) Vote was called on original motion which carried unanimously. (6-0) E. Approval of the preliminary and final replat of lot 2, Freeway Park Addition. Mr, 81lison explained that property is zoned light Indus- trial., that intent of replat is to divide existing lot 2 into three separate lotst two fronting on Mesa Drive with 20,100 square feet each and one with 67,383 square feet fronting on the 1-35 service road, lie pointed out that water and sewer line along Mesa is adequate for develop- mant of lots 2B and 2C and developer of lot 2D can tie into water line along the 1-35 service road. Proposed use of property is unknown at this time. On question, he said that everything is in order and Development Review Committee recommends approval. No one was present in favor or in opposition to replat. Mr, Sidor moved to recommend approval of replat of lot 2, Freeway Park Addition. Seconded by Mr. 2scue and unani- mously carried. (6-0) IV. Considerations A. Consider disannexation of approximately four (4) acres of land located on the east side of Highway 377 near Brush Creek Road. Mr. Watkins explained that City of Denton has 500 feet along highway, that Mr. Paul Berry owns a five acre tract, four acres of which is located in the City of Denton. Mr. Berry is roq'uesting disannexation of that four acre tract stating that he receives no city servi- ces. Mr. Watkins continued that after Mr. Merry called it to his attention, he advised relevant city departments ~ of Mr. Derry's right to city services. Mr. Berry said that his i3 tho only family affected, that no other people live in that 5011 foot snip. On ques- tion, lie said he has lived there five years, that prop- erty was annexed in 1969 but he wait not aware that he was in the city limits at the time ho bought property. He said the main reason lie is requesting disannexation is 1 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TZXASs AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF OR.DINhNrES OF THE CITY Or DENTON, TEXAS, BY ORDINANCE N0, 69.1, AND AS SAID MAP APPLIES TO APPROXIMATELY 0030 ACRE OF LAND OUT OF THE TEASLEY MALL SUBDIVISION, AS SHOWN BY PLAT RECORDED IN VOLUME 141 PAGE 42 OF THE PLAT RECORDS, DENTON COUNTY, TEXASI AND MORE PARTICULARLY DESCRIBED HEREIN AND DECLARING AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINSs 0 I Th• Zoning Classification and Use designation of tae following described property, to-wits 411 that certain tract or parcel of land being part of Lot 4, Block S, Teasley Mall Subdivision, City of Denton, Denton County, Texas, As shown by plat recorded in Volume 14, Paga 42 of the Plat Reoordn of Denton County, Texasl said tract timing further described herein by metes and bounds as !allows BEGINNING for the southeast corner of the tract being describee herein, at an iron pin sat at the southeast corner of said toot 4, Block S, Teasley Mall Subdivision, on the north line at! Londonderry Lanel THENCE north $8440143" west 160,0 feet along the said north line of Londonderry &,ene to an iron pin set in the ground= THENCE north 0017109" east 90,54 feet to an iron pin set: in the north line of said Lot 4, Block Bs i THENCE south 09623130" east 1504 feet to the northeast corn,rr of said Lot 4r Block Bl THENCE south 001749" west 92.41 feet to the place of beginning, is hereby changed from Multi-Family "MF-1" District Classifi- cation Use to Pla rated Development-Neighborhood Services OHS' District Classification and Use under the Comprehensive Zoning Ordinance of the City of Denton, Texas subject to the following conditions and restrictions and Site Plan attached hereto to-wit, 1, The use of the property shall be for a laundromat/ dry cleaners only. 2. The property shall be developed in accor-lance with the approved site plan. 3, All applicable City of Denton subdivision regulations, development codes, building eodati and zoning ordinance requirements shall be complied with prior to issuance of building permits and a cars:ficate of occupancy, 4. The buildin sign as indicated on site plan in rook bad wNh railroad ties shall not exceed six (61) feet in height ~meaaured at grade level), Z-1556/PAUL E. SCHUELER-PAGE ONE . I i 5, Then minimum distance from the southern edge of to the property line shall be no less than ten (101) feet. it A six (61) foot living screen or a six (61) foot wooden fence shall be scooted along the westecn property line, The Zoning Hap of the City of Denton, Texaa, adopted the 14th day of January, 1969, as an Appendix to the code of ordinances of the City of Denton, Texas, under Ordinanos No. 69.1, be, and the same 4s hereby amended to show such change in District Classification and Use, { SXCTION II4 That the City Council of the Cit of Denton, Texaa, hereby finds that such change is in coon onus with a c~mprehsnslve P an for the purpose of promoting t e general wet are of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the distriot and for its peculiar suitability or ppartioular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. sEC 143L~~,. That this ordinanoe shall be in full force and effect immediately 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 notice theroof. PASSED AND APPROVED this the day of Harah, 1983. RICHARD 0. STEWART, KAYU CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORHj C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS Sys Z-15$6/PAUL E. SCHUELER-PAGE TWO 1 ,L. H•.r u)TU,• 'r I1 1( 1,'1 ,i 1 1'1, 1,1 I r, ~ I I ' ~1'i I i tr II'i. n I i, . 1' 1111 1, 11 • ~1 i_,%I W,'iW.l.,~ ,H, r....., ~ , . 1 I 'I, ` I 1, 1 1 y.: II4N1 ?~~1111111 I 1111 I ' ~ ' 471Y 4'r) l N l I lit 1 ' . ,i „w 111 'V r'1 1 ~ I.i 1 I i , 1 ~ 1 rr•M . I I/" 111 f .I' , i ,I 1 I 1 1 1 ter. 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C 1'1'Y CUUNC 1 1. lb; Denton City Council Case No. Z-1557 Date: March 1, 1983 U1:N RAL INFORMATION Applicant: Jack bell, Jr. 308 Dallas Drive Denton, Texas 76201 Status of Applicant; Owner Requested Action: Change in zoning, from light Industrial (L'1) to planned devolopment (PD) for single family attached use (townhouse), Location and Size: 0.85 acre located along the west side of FM 1830 (Country Club Load) begin- ning approximately 350 feet youth of the intersection of Hobson and VM 1830. Lxisting Land Use: Vacant Surrounding Land Use and Zoning: North - Multi-family, 2-F; LI South - 2-F, single family; LI, E'TJ East - Single family, Agricultural; LIT J Went - Vacant, commercial and retail businesses; L1 Land Use Plan: Area is designated as low intensity. SPECIAL INFORMATION Public Utilities: individual water, sewer and electrical meters are required for townhouses or single family attached. Water, sewer, electrical, telephone and gas service are available for extension to this site. Easement locations and other technical requirements must be satis- factorily met and established during the platting stage. Pfige SPECIAL ENFORMATION CUNTINULD Transpoetilt toil t The property has frontage find street aocrsss along FM 1830, therefore, no street: improvements will be required as part of the subdivision process, A tweav (2U) foot drive approach is proposed off FM 183U and city and state driveway permits are required. Parking., The required twenty-eight (28) parking spaces are provided on the submitted site plan, Definition, Single Family Attached; A dwelling which is ,joiner', to another dwelling at one or more sides by a party wall or abutting separate wall and which is designed for occupancy by one family and is located on a separ- ate lot delineated by front, side and rear lot lines, ANALYSIS Single family attached or townhouse land use is permitted in ca light industrial (Li) zoning district provided design of all area features and lot sizes are in compliance w!th applicable zoning and development codes. The t;ity of Denton zoning ordi- nance requires a minimum land area of 2,000 square feet (20'x 100') for single family attached development; this proposal, and other similar ones considered recently, does not meet the mini- mum area requirements. Staff has recommended approval of this type development in Loe past because it is felt that the minimum 2,000 square foot lot requirement for townhouses is antiqquated and out of character with existing trends and market prefer- ences. Typical townhouse development now features reduced land area and lot sizes and it is uncommon for any developer to pro- pose a project that would meet present City of Denton standards. Planned development (PD) zoning has become the chosen method for developers seeking relief from the existing area requirements. In effect, area requirements are being vsried through the zoning change procedure, Staff recommends, as an ultimate solution, that ordinances and any related standards be revised so that today's trends and preferences will be rellected. This would obviously standardize the process and eliminate the need for varying certain requirements on a case by case basis. t~ (4-1.557) Page 3 ANALYSIS CONTINUED If approved, this particular development would feature 90U-1100 square foot townhouse structures 5rith modest front and roar yards. The parking and driveway space would all be a common aroa to be maintained by the homeowner's association, The number of parking spaces are adequate and the concept is accept- able and compatible with surrounding land uses. 'rho Development Review Committee has recommended some technical changes to the PD site plan but overall, the 111) site plrtn is ,acceptable. JZLCWMI,'NDATIUN This request would actually h;.tve the effect of down zoning inasmuch as residential development is being proposed in a light, industrial (LI) zoning district. The Planning and Zoning Commission recommends approval of Z-1557 by a vote of 7-0 with the following, conditions: 1. A preliminary and final plat must be developed in accordance with City of Uonton Subdivision Regulations, and approved by the proper authorities. 2. The development must conform with the approved PD site plan. ALTMNAT I VLS 1. Approve petition with conditions, 2. Approve petition without conditions. 3. Approve petition with additional conditions. 4. Deny petition. 5. fable for future consideration. A'rrA C lil~l~N'i's 1. Aerial 2. PI) bite plan 3. Property Uwners List 4. keply forms total 5. Planning and Zoning Commission minutes of meeting of February 2, 1983. • Al t. A. 1 J a t .J t 1 T C l~l~ `lr t~ t 4:f Al, u * 1 1 • r4 ~'~I ~Ir. 3,,:7ti ~Y ~F, ,i.~~~~.,• 4•i v r a F'.. t'~ ~ ~Y ~e PPP fffCCCf•~ 4l~ f , . 1• T 7t , ~ n M~dv f~,'" :Clf~ `IMMRTKIrR>?". 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SURVEY A•190 ! + I '?lilt Dun GRRIN01001 tAuet fthtm W, m "t - r slit LGN RECEiY6DPC00 ] W3 GRAYSTONE VILLAGE 0,000"t Xar IN Fell LOT$ I thru 14 BLOCK ONE ~~y S~IIi~ ~(a1P, ifG A TART Of THE N 0 CAR CO SUR 0.196 G, it, 1 , ~lNI ~1A CITY OF M TON. D ENiCN COUNtYJExAS • 1, MI -__....w..._..w...~ ~......-...-.-.....mow., -~..-...._.N~..~ ..-f.._........,.~,,.. r~~•_+M_.h..1.rlwl.Rw 1F.YT..M1`ti.1 W.M9+.ws_w.wM N^.rr.~.__......^^.^....Mn.h......~M...i..-. 1 ...n......_.~~.r._w....r...... r.•_ww .-.rte.... -di1w~+~+++. , a° 1/ la La 2G_ ? a L. _ 16 LcmlA a S ! I ! KPAA a,tr ' . 1.1nr-A ,(tr, _ljir~npr2f•/en Set. 1 ess nl,e '1 ~~y - .'7G col r CITY COUNCIL PR('PLRTY OWNER R PLY FORMS 2-1557 IN F&UUR IN OPPOSITION t1NUFCIU! p hiil.l~ird tieatl3 None Received None Received 30:30 Country Club Road OOCLLun, 'T'exas 76201 307-8916 Linda Coffman 1709 Wisteria Denton, Texas 76201 3871780 mod minutes Planning and Zoning Commission February 2, 1983 Page 4 Chair declared public hearing closed. Mr, Juren commented that he thought a two week delay would be a good compromise. Chairman said that petitioner should either withdraw request or Commission should deny final plat, thae it is not a good policy to make conditional approval, Mr, Nash requested that final replat of the Oaks Addition be withdrawn, r, Z-1557, This is the petition of Jack Sell, Jr, re- questing a change in zoning from light industrial (LA.) to the planned development (PD) classification on an approximately 0.85 acre parcel located along thei west side of FM 1830 (Country Club Road) be inning approxi- mately 350 feet south of the intersection of Fie 1.830 and Hobson Lane, If approved, the planned development would permit the construction of fourteen (14) single family attached residential structures. Mr, Ellison explained request stating that seven notices were mailed to property owners, one reply form was re- ceived in favor and one unspecified reply form was re- ceived, Dewey Fields, representing the petitioner, stated that intent is to develop as townhouses with individual ownership. On question, he said reason for request is there is a market for this type housing, No one was present in opposition to the request. Mr. Ellison continued staff report stating that reason for zoning change is that City of Denton zoning ordi- nance requires minimum lot size of 2000 square feet for single family townhouse, that no one wants to develop townhouses with that much yard space; therefore, a request for planned development (PD) zoning is made which is, in a sense, a request to vary area require- ments. He said there are some problems with site plan as submitted, that some shifting of lot lines will be necessary to take care of utility easements. He said that staff recommends approval subject to platting and site plan approval, Minutes Planning and Zoning Commission February 1, 1983 Page 5 Mr. Juren asked about screening as protection for owners of property due to light Industrial zoning of area. Screening feature was discussed with other commissioners expressing view that people buying property would know of LI zoning. Chair declared public hearing closed. Mr, Juren moved to recommend approval of Z-1557 subject to the following conditionsi 1. All site plan corrections and revisions as stated in the Develo ment Review Committee comments of January 25, 183 shall be complied with prior to issuance of building permits, 2. A preliminary and. final plat must be developed in accordance with City of Denton Subdivision Regula- tions, and approved by the proper authorities. 3. The development must conform with the approved PD site plan. 4. A living screen must be provided along the south and west property lines, Seconded by Mr. Sidor, Mr. Fields asked and was granted permission to speak again. He stated that Ms. Arrington lives in the duplex just south of property, that she, is planning to acquire property to west for additional development, that he did not think she wanted a screen between her duplex and roposed development and he would not like to impose inaneial obligation on west side since she does intend future development. After further discussion, Mr. .Juren withdrew his motion and Mr, Sidor withdrew his second. Mss. Mays moved to recommend approval of Z-1557 subject to the following conditions, 1. All site plan corrections and revisions as stated in the Development Review Committee comments of January 25, 1983 shall be complied with prior to issuance of building permits. Minuta~s Planning and Zoning Commission February 2, 1983 Page 6 2. A preliminary and itnal plat must be developped in accordance with City of Uenton Subdivision Regula- tions, and approved by the proper authorities. 3. The development must conform with the approved PD site plan. S conded by Ms. Cole and unanimously carried, (7-0) 0. Z-1561, This is the petition of Joe helew requesting a c gege in zoning from single family (SF-7) to the plam- ned development (PD) classification on an approximately 12,000 square foot lot located at 1411 Bernard Street, If approved, the planned development (PD) would permit the development of four (4) two-bedroom -,iljlti-family units, Mr. Ellison explained request stating that 4 notices were mailed to property owners, no reply forms were re- ceived in favor or in opposition. He said that this is the area surrounded by a planned development (PD) which was approved by City Council on February 1, that devel- oper has now acquired this property and plans to con- struct four additional units as a part of his 275 unit complex, No one was present in favor or in opposition to request. Chair declared public hearing closed, Mr. Sidor moved to recommend approval of Z-1561 subject to the following condition; The property shall be developed in conformance with the approved site plan, as well as, subdivision regulations and applicable development and building codes of the City of Denton. Seconded by Ms. Cole. Vote was called; Aye; Cole, Escue, Juren, LaPorte, Mays, Sidor Nays Claiborne Motion carried. (6-1) Ho, AN ORDINANCE AMENDING THE ZONING MAP OF THk CITY OF DENTON, T1W AS SNME WAS ADOPTED AS AN APPENDIX TO THE CODE OF OPOX"NCRB OF THE CITY OF DENTOH TEXAS, BY ORDINANCE NO, 69.11 AND AS SAID MAP APPLIES TO APPROXIMATELY 0,902 ACRE OF LAND OUT OF T" 8,8.8, i C,R,R, SURVEY, ABSTRACT 00, 196, CITY OF DENTON, COUNTY OF DENTON, TEXASI AND MORE PARTICULARLY DESCRIBED HEREYNI { AND DECLARING AN EFFECTIVE DATE, I THE COUNCIL OF THE CITY OF DENTON# TEXAS, HEREBY ORDAINSI SECTION To 1 The Zoning Classification and Use designation of the following described property, to-wits All that certain 0.902 acre tract or parcel of land situated in the 8,8.8, i C,R,R, Survey, Abstract No. 196, City of Denton, County of Denton, Texas, said tract being part of tract shown by Pali 39to the 7 of the DoodrR4"rds oft Denton Countye Texast saide tract being further described herein by metes and bounds as follower BEGINNING for the northeast corner of the tract being described herein., at an iron pin found at the southeast corner of Triangle Addition as shown by plat recorded in Volume 16, Page 4 of the Plat Records of Denton County, Texas, said corner being also the northeast corner of said Burl Arrington Estate Tract and lying in the western line of Farm Market Road No. 1830 (Country Club Road)$ r THENCE south 0409' weAt 11040 feet to an iron pin set in the ground in said western time of Farm Market Road No, 18301 TBENCE south 89449140" west 357.64 feet to an iron pin set in the ground] THENCE north 0026' east 110.0 feet to the northwest corner of said Burl Arrington tract THENCE north 89.49140" east 357.1 feet to the plaos of beginning. is hereby changed from Light Industrial OLIN District Classifi- cation Use to Planned Unit Development District Classification and Use under the Comprehensive Zoning Ordinance of the City of Denton, Texas subject to the following oonditions and restrictions and Site Plan attached hereto to-wit, 1, A preliminary and final plat must be developed in accordance with City of Denton Subdivision Regulations, and approved by the proper authorities. 2. ThtndP a opment must conform with the approved PD Sian. The Zoning Map of the City of Denton, Texas, adopted the 14tf day of January, 1969, as an Appendix to the Code of ordinances of the City of Denton? Texas, under Ordinance No, 69-11 be, and the same is hereby amended to show such change in District Classification and use. 21557/JACK BELL, JR,-PAGE ONE i INUM II. That the City Council of bhe City of Denton, Texas, hereby finds that ouch change is in 6000rdanoe With a oocoprehenaive Ian for the purpose of promoting the general welfare of the City of Denton Texas, and with reasonable oonsiderntion, among other things for the oharaoter of the district and for its peculiar suitability or particular uses, and with A view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, 'rexaa, and its citizens, SISCTION II I That this ordinance shall be in full force and effect { immediately after its passage and approval, the required public hearings having heretofore been held by the Planning and zoning Commissi06 and the City Council of the City of Denton, Taxa:s, j after giving due notice thereof, PASSED AND APPROVED thin the day of March, 19M KICHARD . , CITY OF DUTON, TEXAS ATTSSTt I CITY OF DENTON,oTUA3 i APPROVED AS TO LEGAL FORMt C. J, TAYLOR, JR., CITY ATTORNEY CITY OF DF.NTON, TEXAS aytc x-1567/JACX SELL, JR.-PAGE TWO yr~ } 1 ' far N~ ! ~wiq~f/' INM l~r, . ' , re ry 1le IN '1 I 1004 I r r ~ 11s~a~frr 1,1}1~. ` { J ,1 1^11 I r, rl !1' I ; ,,ri1l i , ~1 1 0,6 1A "I I i 1411 /NI ,ae Iwl 1,64 Ilf IN/ I y 111 Nn I11, 1N' IN/ IHI 1111 N Is 12 u\ a „ ~ a ' ~ 1, ~ r \e e 4 I 1 I 1 tot 11 /lull •lit wll I ~ l y v RRRR61tl1.CA6lMVtYA•IN 1 wn nH NEMuffsI f of 1 ,l GRAYSTONE VILLAGE ! ~1f `1 e e . w.r ru ..wY LOT$ I IM 14 kotx OK ttl 1 11 is e l t lye 4 CA Nwl a nr WAS 1 • ~L,~~ .i,~l I A. a Il+l+a,lel la~ll, xe~ I kI lµN l I ~ ' N ANNING AND %UN1NG COMMISSION 1t IaCOMMt;NUATI,ON TU THL GITY CUUNGIL LGI Denton Gity Council e No. G-1561 Date; March 1, 1983 GGNEKAL INFORWVrION Applicant: Joe Iielew P, u, Jiox 1188 Uenton, Texas '16201 Status of t~pplicianL, Owner Change in zoning from single family Requested Action; (SF-7) to planned development (PD) for multi-family use, Purpose; Development of four (4) multi-family units in conjunction with a previously considered PD for multi-family use for 271 units on a total 9.1 acre tract. Location: 1411 Bernard Street Size; Approxim,)Lely 12,000 square lust. Existing Land Wie; Single family residential. Surrounding Land Use NarLh - Single [amity residential; 5f-7 and Goninl;: Denton Baptist Tetok'le, South - Vacant, 1 La Quinta Motor Hotel; MF- , C, SF-i Last - Future service station/gara6e, Carpenter's Union-, G, PD-29 We sC - CSingle umberland Presbyterian Bome, vacant; SF-7 Land Use Plan: Area is designated as moderate inten,iLy. (Z~1561) Page 2 ANALYSIS The site in this request is surrounded by a recently approved PU area for 271 mulLi-gamily units. The 12,000 square fool tract involved in this request is presently owned by Mr, 'Pommy D, bhackleford. Arrangements for purchase of the property were made following Planning and Zoning; Commission action on the previously considered 271 unit planned development that literally engulfs this tract, It is the petitioner's intent to incorporate the subject property into the overall development projecL. IL the Planning and 'coning Commission and City Council. approve the petition, four 2 bedroom studio aparemenLs will. be built on this portion of the property, The number of units proposed for the overall development would total 275, The four (4) units are consistent with the original and overall development plans for the adjoining; 271 units. RECUMMENUATIUN The Planning and 'coning Commission recommends approval of G-1561 by a vote of 6-1 with the following condition; 'ihe property shall be developed in conformance with the approved site plan, as well as, subdivision regulations and applicable development and building codes of the City of Denton. AT'IACHbibNT6 1. Aerial 2, Site plan 3, Property Uwners List 4. Reply forms total 5. Planning and Zoning Commission minutes of meeting of February 2, 1983. r ) lt~f yytr _ • 'i't V Y I' w W,' y } . ,y .}R 1f ♦'.i' vim'"~ 'f ~i~' ~•~!`LCy..yf~ X~~~.i.. ~ }.t a ~•M9~~j..•AJ1,`~Ar ~ ° Ti:~ •'yr's V .i• T ,r~r'E AML .I LI p~e ~F Y *h 1 ?y ✓ f AMY}J'x'~1•~ ~ r ~rr ~ ~ t 7 .tf. tti j ^f f R h y T i~loii b • - - ~ a ` e • , • t i t. 4 ~ i ~ w x ti 14. 14 4L 4.4 ~ti`4~ y i i T r ~7 IJ. i i 1) i r. ~F((~1}n 1-F. QIFM 1f ~ ~ ( t 7 e At J t r~~Y$t.~i i~l , ~ ~p W, f ,.~;jt! ~ ~ ~ i' i•• ~t Mfr f ~r F'T'~4 A I7~kia h~f 4 •q ~'~I~+ • s f~f i I Wit pp~ I, i!,.I. r.f. 1'+.I 1111 ~f ' 1 M I 0 " _ Qy r~' II - . ~ 1 6 ~•Y i 1 ~1d. 6 u 0 ,1 10 C 1 f~0 ifl`f TtiTrl fli l' fl l l'I'r1 f'r n l'17 f ~1(' Il f f i T _ . I I off t~ 1--I-ifIt h 'i "1 , hY«WVII ; 1~.1.LW_I_I_l1) L ° ° I{ II , H' t t [ E 0 1 1 A A A fljA l 1 A A A - L~0 _ PRIMOT DATA i~ " ` A A 1 1 A _ I 1 'MI t.11M1t.,llrt bM 1rN y~T r«r Wr -;;~_.Ir ° - _ - A ~A A / I M] IMI HH 1111 Ilt, 1111 • 1, E _ A A A - 11 .•I IMMN• 11 111 HIM I' - A A A - .L a•, 0 0 1.: r: ' 1 IM !MH II IH NIIN 1.. it 1 IKH+M II I/N II,IN ~i 0 E ;1~ Eq -11 . _ T ~ IK PI'IN 1 N .._.11,111 ' •1; M'- 1 E ! -Y: A A A'` ilk, IH II/,M I•t.1- I r 1 , , IIM+MI No 11 _1lnTrC~1•f1T rM•MI NYrI 111 I _ _ W/IU 7-iT fnrtr 111111N IrMiM.111 N,W1 IIW MM~rNr.1.MAMr~11~Y1•Mi11MM11N 1 I MII W.. 11M WII 111LLI_iLl~1_~l_11_I_~L~1LL11J_l~.i.U~ ` A A 160IR1 R,IH, HI O,HfIW A A A , 111101" ~"k WI. 4 I»e / Hw11Irr11WlNMMMIHM `tt ~4r, I E I 1 ^ ~ 1 ° ` - _ E C 1 F) - - 1 e „ 11,1 , • - ~ 1'r • ri l9 !;I r r p 1 .L•J.C' ~ i,,, ~ V,r ._.f.Y..7- ~Pn'}d n f> o~ 4 1 --«----..-.._._.,r..,..._ 31 5 r e e ril _ w r CITY COUNCIL, 7~15G1. IN FAVOR IN OPPOSITION UNDECIDED 'M'OMMY Shackelford Nnno Receive6 None Recoiled 1911 Bernard oenbon, Toxas 76201 387-'0109 ~linutaos planning and zoning Commission February 1983 Page 6 21 A preliminary and final ppat must be developped in accordance with City of Uvlnton Subdivision Etegula- tiotas, and approved by the proper authorities. 34 The development must, conform with t'he approved PD site plan. Seconded by Ms. Cole and unanimously carried, (7-0) rC.~~Z-1561. This is the petition of Joe iielew requesting a Mi nge in zoning from single family (SF-7) to the plan- ned development (PD) classification on an approximately 12,000 square toot lot located at 1411 Bernard Street. If approved, the planned development (PD) would permit the development of four (4) two-bedroom multi-family units. Mr4 Ellison explained request stating that 4 notices were mailed to property owners, no reply forms were re- ceived in favor or in opposition. He said that this is Ole area surrounded by a planned development (PD) which was approved by City Council on February 1, that devel- oper has now acquirers this property and plans to con- struct four additional units as a part of his 275 unit complex. No one was present in favor or in opposition to request, Chair declared public hearing closed. Mr. Sidor moved to recommend approval of G-1561 subject to the following condition, The property shall be developed in conformance with the approved site plan, as well as, subdivision regulations and applicable development and building codes of the City of Denton, Seconded by ills. Cole. Vote was called; Aye; Cole, Escue, Juren, LaCorte, Mays, Si.dor Nay, Claiborne ( ~ Motion enrried. (6-1) , t....1. i.J.«. b~14..~ .~~«YJi .way. : •.I~u.n :.i.' 1 j AN ORDINANCE AMENDING TUB ZONING MAP OF THE CITY OF DENTON, TEXAS AS SAME WAS tOOPTED AS AN APPENDIX TO THE CODE OF ORDIN Ch.B OF THE CITY OF DEHTON, TEXAS, OY ORDINANCE N0. 69-1, AND AS SAID MAP APPLIES TO AN AVVAOXIMATELY 12,000 SQUARE FOOT LOT LOCATED AT 1411 HERNARD S4'4'XBT1 CITY OF DENTON, COUNTY OF DENTON# TEXASI AND MORE PARTICULARLY DESCRIBED HEREIN AAD DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY OROAINSI SECTION 1 The Zoning Classification and Use designation of the following described property, to-wits All that certain lot, tract or parcel of land lying and being situated in Denton County, Texas, and being out of the Alexander Hill survey, Abstract No. 623, and being part of the ten acre tract conveyod by We Ce ;Aims and wife to P. T. Se more on tree 7th day of January, 1804, as shown of record in Volume N, Page 3 Dead Records of Denton County, Texas, and being a part of a l.i-3/4 acre tract described in deed from T. Pe Burge to H. P. Hancock, as shown of record in Volume 170, Page 351, Deed Records of Denton County, Texas, and more particularly described as followsi BEGINNING at a stake for corner in the west boundary line of said H. P. Hancock Traot, said corner being in the east buundary line of Bernard Street and being 210.0 feet south of the northwest corner of said 11-3/4 acre tracts THENCE east 146.5 feat to a stake for a corner► THENCE south 75.0 feet to a stake for a corners THENCE west 150 feet to a stake for corner in the east boundary line of said Bernard street and the west boundary line of said Hancock Tractl THENCE north 2440' east with the west boundary line of said Hancock Tract and the bast boundary line of Bernard Street, 75.0 feet to the place of beginning, is hereby changed from Single Family "SP-7" District Classifi- cation Use to Planned Development-Multi-Family Use District Classification and Use under the Comprehensive Zoning Ordinance of the City of Denton, Texas subject to the following conditions and restrictions and site Plan attached hereto to-wits is The property shall be developed in conformance with the approved site plan, as well as, subdivision regulations and applicable development and building codes of\the City of Denton. The Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas, under Ordinance No. 69-10 be, and the same is hereby amended to show such change in District Classification and Use. 2-1561/JOE BELEW-PAGE ONE SECTION II. That the City Council of the city of Denton, Texas, hereby finds that such change is in ocordanoe with a comprehensive plan for the purpose of promoting the eneral welfare of the City of Denton Texas, and with.reasonab a oonsideration, among other things got the character of the district and for its peculiar suitability or particular ueee, and wick a view to conserving the value of the buildings, protecting human lives, and couragng the most appropriate uses of land for the maxima.. bentilt to the City of Denton, Texas, and its o•ltixens. ' ~~iTION III. That this ordinance shall be in full force and effect immed W tely after its passage and approval, the required public hearings having heretofore been hold by the Planning and Zoning Commiss W and City Council of the City of Denton, Texas, after giving due notice thereof, PASSED AND APPROVED this the day of March, 1983, RICHARD 0, STEWMt KAYU CITY OF DENTON, TEXAS ATTESTf ZMARIM CITY OF DENTONs TEXAS APPROVED AS TO LEGAL FORMi C. J. TAYLOR, JR.t CITY ATTORNEY CITY OF DENTONj TEXAS SY t~ • J, 2+155'i1JACX SELL, JR.-PAGE TWO I \ 1.1 1 r,r 1 n, , 1 a1f'FMLFIV«i a1 1 1 ~ I r Irt~M~t 1'.111~ ' y, 1 Jill, 1t LA11 41 pwo NI! /vNt tM1 MI Ilj1 IIf II 1NV I Nd , H11 IIN i INI INI IM) 1111 1 L ~ ~ 1 I/ 13 12 II\ 10 9 I 6 I,, i 6 6 4 3 2 t \ 1 n I P. j It If' vrllilr 111 q.e~ f j 1!t i , \ kL# "A CQ SIAWY A. 1 r/CLMOffllfMl7 Nit AM GRAY&70NE VILLAGE •"r1 LOTS I It" Ih BLACK OW- ` Lbltrlr2t A Mnl dffxt O 1W6x, bC y~1 1 Ax Ito M,f1M, 1.IIt.1N 1 .L Y• 1 qfr xl CO4hn1{/ 11.~h•iI ~~H+ 1..1 .W M PLANNING AND ZONING COMMISSION RLCUMMENDATIUN TO 'l iU: CITY CUUNC111 To: Denton City Council Gase No. L-1561. Dale: March 1, 1983 GENERAL INF001A'TION Applicant: Joe Belew P. U. Box 1188 Denton, Texas 762U1 Status of Applicant: Uwner Requested Action: Change in zoning from single family (SF-7) to planned development (PD) 10r multi-family use. Purpose; Development- of four (4) multi-family units in conjunction with a peeviously considered PD for multi-family use for 271 units on a total 9.1, acre tract. Location: 1411 Bernard Street Size: Approximately 12,000 square feet. Existing Land Use: Single family residential. Surrounding Land Use and Zoning: North - Single family residential; SF-7 South - Vacant, Denton Baptist Temple, La QuinLa Motor Hotel; MF-1, C, SF-7 East - Future service station/garage, Carpenter's Union; G, PD-29 West - Single family residential, Cumberland Presbyterian Home, vacant; SF-7 Land Use Plan: Area is designated as moderate intensity. (G-1561) Page 2 ANALYSIS The site in this request is surrounded by a recently approved P) area for '271 multi-family units. The 12.,000 square foot tract involved in this request is presently owned by Mr. Tommy D. Shackleford. Arrangements for purchase of the property were made following Planning and Zoning Commission action on the previously considered 271 unit planned development that literally engulfs this tract. It is the petitioner s intent to incorporate the subject property into the overall development project, It Lhe Planning and Zoning Commission and city Council approve the petition, lour 2 bedroom studio apartments will be built on this portion of: the property, The number of units proposed for the overall development would total 2756 The four (4) units ate consistent with the original and overall development plans for the adjoining 271 units. RECOMMENDATION The Planning and Zoning Commission recommends approval of 2-1561 by a vote of 6-1 with the following condition; The property shall be developed in conformance with the approved site plan, as well as, suboivision regulations and applicable development and building codes of the city of Denton. ATTACHMLN'1'S 1. Aerial 2. Site plan 3. Property Owners List 4. Reply forms total 5. Planning and Zoning Commission minutes of meeting of February 2, 1983. R r ,1 " J~ Y' +-fit t + • T , ~ y, ~ ;,,r i LS ll..14 40 h ~ La + 91 1 r . ' .Y 4id.'S+ ti rl~: ~1 r . J~~~ry.~ r 7 .G i t ~ • Y V y 1 ,,C r V~ 7 1£-i .,'r'," Yw Vii' "'1k~i ~+i a:....• t r ~'i' °Y St~j,. lt,~!5,fa ~,n~•~Ab' ~..5'L ' 3'+`~ • '+Art':r r .41 1114 ' ~ ~ ff'~( - eta, 7 ~ _ i i~ t I. '++7 a ~ ~ . T 1 y~ ~ ~ y r ~ t y ~I ~~ji:' •R , ~7J1P+r' ~a~y~,~ t Fir , Fi}~ i t~ t f~ y J r ~y+ 7~7~ 4 ~ a ~ ~ °~l•tyr i +i`yl>. ts.- I' , OHO tt 19 40 x o a~ lot me .NI .t;77T7 ./.w.rr1t11rPPIN ~N H_^!^.r•! 1l, i r\N NMgV elf r .p - 1 0 0 1' 0 111 1 0 1. 0 0' 1 1 ' 111: ITT 11TI ITiT1'I''r m WTT r "Mr- ] 1 :j , ~ ~ n,»II•I,tf • _ 1~.1.l.11ll)111~ ~ ~ A ...ice 'YC •1 Z-1561 e 7 r 1 1 r 1 1 ~,0 • • 1 A A A A A A PR"OT DATA A: /f A A A MM WN . WI111/r11/11VI111 VrIM MIrI MM PAI 11117 Ntl ll'1 • , -A A a • e w A A of m 1 IM 1NIk 111 N/ N/N '•r: ; I O~ 1 IM IMM II IM MIN 0 O 5 • _ ~ 1 IM pVM U 1111 IA1N 0 1 Ism, 111M _I 1111 Wolf ' - 1 • _ ~ A Null tN 11/.111 - A A A 1 aM.WM • Il« 1/ _ti ~7T11Tr<-7 f I 1I rTCiffT MINI I ".614 • 111 111111 T _ E 1 1YlIM/IIrIM ~•,~1111111eW1,11~1111~1~1y11,1~~~1r11 ' A A A $0,00 ~111Ll.LLI_LW_ 111.111 l Lrlllll LI I_L~ AAA , l1 th IW/M11IM11 • M1 mill" tM IrI - O 0 A Homo IF9 111MM111M1r11M ,VwMM / 11/ M • 0 ` • O.. ..1 O O • - 0 C 411 N41 N. ® g ~q I l\ lMA1YY01Not i}I d i i r E:. -...1-I'^rr .r........_ r~^.r.. , ~•..-_~wr..wr.~.._.Tw.w+_e+-r..M~w..V w.rrw-a.ww.A~ , 7 1 L r 1 ---L g /s. I ~y 11 Rsrna 72t_ ~r f4 a~ 1 M e r4atd) OObihh 26 iQI _LQ LAB. 1 PROP114R'PY (ANEM WITLY 11'01018 CITY COUNCIIa 7,1561 IN FAVOR IN OPPOSITION UNDECIDED 'Pommy Shackelford None Received None Rece: fd 1411 Bernard Denton, Texas 76201 387.0.104 Minutes Planning and Zoning Commission February 2, 1983 Page 6 2. A preliminary and final pPlat must be developed In accordance with City of lsenton Subdivision egula- 0 t.ions, and approved by the proper authorities. 3. The development must conform with the approved PD site plan. Seconded by Ma, Cole and unanimously carried. (7-0) C.~Z-1561. This is the petition of Joe Be.lew requesting a c ange in zoning from single family (SE-7) to the plan- ned development (PD) classification on an approximately 12,000 square foot lot located at 1411 Bernard Street. If approved, the planned development (PO) would permit the development of four (4) two-bedroom multi-family units. Mr. Ellison explained request stating that 4 notices were mailed to property owners, no reply forms were re- ceived in favor or in opposition. He said that this is the area surrounded by a planned development (PD) which was approved by City Council on Vebruary 1, that devel- oper has now acquired this property and plans to con- struct four additional units as a part of his 275 unit complex. No one was present in favor or in opposition to request, Chair declared public hearing closed. Mr. Sidor moved to recommend approval of Z-1561 subject to the following condition: The property shall be developed in conformance with the approved site plan, as well as, subdivision regulations and applicable development and building codes of the City of Denton. Seconded by CVs, Cole. Vote was called: Aye: Gole, Escue, J uren, LaFoite, days, Sidor Nay: Claiborne 4otion carried. (6-1) /ll A ~ P,F N0, AN ORDINANCE AMENDIN4 TIN ZONING MAP OF THE CITY OF DENTON# T15XA8 AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON# THXAS, 4Y ORDINANCE N0. 69-1, A" AS SAID KAP GOT LOCATED AT 1411 BERNARD STREET# CITYE OF 1DENTONg4COUNT ~ P DENTON# TEXAS1 AND MORE PARTICULARLY DESCRIBED HEREIN1 AND DECLhAINO AN EFFECTIVE DATE. I THE COUNCIL OF THE CITY OF DENTON# TEXAS, HEREBY ORDAINSI SECTION I. The Zoning Classification and Use designation of the following deaoribed property, to-wits All that certain lot, tract or parcel of land lying and being situated in Denton County, Texas, and being out of the Alexander Hill Survey, Abstract No, 623, and being part of the ten acre tract conveyed by W, C, Bains and wife to P. T. Seymors on the 7+:h day of January, 1880, as shown of record in Volume N, Page 3, Dead Records of Denton County, Texay, and being a part of a 113/4 acre tract described in deed from T. P, Burge to H. P. Hancock, as shown of record in volume 170, Page 3$1, 0* *d Reoords of Denton County, Texas, and sore particularly described as follows: BEGINNING at a stake for oorner in the west boundary line of said go P. Hancock Tract, said corner being in the east boundary line of Bernard Street and being 210.0 feet south of the northwest corner of said 11-3/4 acre traott THENCE east 146.5 feet to a stake for a eornert THENCE south 75.0 feek to a stake for a corner) THENCE west 150 feet to r. stake for corner in the east bound•arY line of said Bernard Street and the west boundary line of said Hancock Tract) THENCE north 2640' east with the west boundary line of said Hancock Tract and the seat boundary line of Bernard Street, 7S.0 feet to the place of beginning. is hereby changed from single Family "SF-7" District Classifi- cation Use to Planned Development-Multi-Family Use District Classification and Use undo. the Comprehensive Zoning oedi:,arvice of the City of Denton, Texas subject to the following conditions and restrictions and Site Plan attached hereto to-wits 1. The property shall be developed in conformance with the approved site plan, as well as, subdivision regulations and applicable development and buildints nodes of"the City of Denton. The Zoning Map of the City of Denton, Texas, adopted the 141th day of January, 1969, as an Appendix to the Code of ordinances of the City of Denton, Texas, under Ordinance No. 69-1, be, and the same is hereby amended to show such change in Distr4ct Classification and Vae. Z-1561/JOE SELEW-PAGE ONE I 1 SLCTION II. The% 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 wvifare of the City of Denton, Texas, and With reasonable oonsiderationr among other things for th4a character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most a propriate uses of land for the maximum benefit to the City of Dentor„ Texas, and its citizens. sac,~ION III. That this ordinance shall be in full force and effect immediately 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 notice thereof. PASSED AND APPROVED thin the day of March, 1983. IC 0. STEWART, MAYOR CITY OF DENTON, TEXAS i ATTESTS CHARLOTTE ALLEN, I CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMi C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BYs .r i i 7,.1861/JOE BELEW-PAGE TWO 1 I ' ~ I ~Sr~ yq 4 w A ~ 4 q I 4 Lill, .t r 1 1 2•' 15 61 d III 1 4~ uwwt f~ . Ll~lll~ L 1 1 w ~ 1 1 w. 1 1 I 1 1 1 / / 1 1 I A 1 - 1 / •1 1 1 1 1 I M*MCYDATA I 0 (r. .i i- i 1.1 1 __I 1 1+ tl ..Irwww.w. M Inl w rur ((t~ nr1 1 ~ is , 1 1 i S I '1 .WFp +YY II ICI Y 11l1~.. M~.111•~1 • NI MIM - i IWIM NY•11. I11 lwll ~ 1 1 p IW~`t~,'~'re~'~r~''nrls`z~s' ~ llll 1Lll11_ll. I.ll.I11L1 ' rWM.M•MI X11.11. ' wl.l wu.~w1.IM1 rI - •1,{I ~•:r 1rt1.11iMYM W1Y1111 M16 / 1 • 1 11 ~ 1 1 ~ / „ 1 -1 ' / / / le 4 d A ,f~, Lwnlru . LI CITY COUNCIL AGENDA BACK-UP SUMMARY SHLET Date; March 1, 1983 Subject; Consideration of the preliminary plat of the Sandy Hill Addition - Mobile Home subdi- vision, Summary; Mr, Jim Griffis has submitted two prelimi- nary plats of a proposed 13.5 acre mobile home conununity to be located along the southeast side of Fish 't'rap !toad, and adja- cent and east of an unnamed city-county road (referred to as Jewell !toad on the prelirni- nary plats). Une preliminary plat proposes a mobile home subdivision where individual lots will be sold and developed; the other is a one (1) lot subdivision which could permit development of a traditional mobile home park. Highway 380 is approximately 1,065 feet south of this site, City limit lines are located approximately 765 feet south, and 400 feet west of this tract. The current preliminary plat of the mobile home subdivision divides the property into 84 lots (typical lot size 35'x100') with 1.5 acres reserved for commercial uses. The mobile home subdivision proposal does not conform with standards and regulations governing lot sizes (3,500 square feet pro- posed - ordinance requires minimum 6,000 square foot lots). The developer originally indicated that be does not wish to install internal streets in accordance with city specifications and proposes no improvements to the perimeter roads. Present plans are to extend city water and sewer services, and the Utility Department is satisfied with what has been submitted for utility planning. The City Council was made aware of this proposed development at its meeting of February 1.5, 1983. After receiving a re- port, and meeting with the developer, the Council directed scaff to initiate annexa- tion proceedings on this 13.5 acres and sur- rounding property with development potential. City Council Agenda Back Up Summary Sheet Sandy },ill Addition (Mobile Home Subdivision) D1arch 1, 1983 Page 2 Summary Cont,: The Planning and Zoning Commission reviewer both preliminary plats at its meeting of February 16, 1983. The develope- requester that the mobile home subdivision concept be recommonded for approval along with a vari- ance of the minimum lot size and street con- struction requirements. The Planning and Zoning Commission recommended denial of the preliminary plat of the mobile home subdivi- sion. The developer has since indicated that he is willing to build standard city streets and increase the individual lot sizes to approximately 4,000 square feet. Staff does not recommend that technical de- velopment requirements be varied through tie. platting and subdivision process unless there are extremely unusual cases which wa.- rant such action. The mobile home subdivi- sion concept has merit, but direction is needed on what type of development standaclzs are to be imposed. This particular proposal could be controlled and evaluated much morn effectively if the property were annexed ,.?nd reviewed as part of a planned development (PD) request. Staff is not suggesting that annexation and a subsequent request for planned development (PD) zoning is going to result in automatic acceptance and a rec,~m,- mendation of approval of this particular land use concept. We are suggesting that if, after adequate review and cons iderati,c,n, the concept is approved by the appropriate bodies, it can be controlled much more effectively through planned development ~ -J) zoning, Action Required: Approve or deny the preliminary plat. Re,;ommendation: The Planning and Zoning Commission recom- mends denial of the preliminary plat of c.ne mobile home subdivision by a vote of 6-0. City Council Agenda Back-Up Summary Sheet'. Sandy Hill Addition (Mobile Home Subdivision) March 1, 1983 Page 3 Alternatives; Appcove or denyy the preliminary plat of the mobile home subdivision. Attachments; 1. Reduced plat 2, Planning and Zoning Commission minutes of meeting of February 16, 1983. David Ellison Development Review Planner Ir{ I -r_.. rA. 7 l ~ 1. 3fw r~ _ t is .L_ , J f N III If '~ar+'- '0 _i- If I cvlw,r~ r +t ,y1 1 ".iI r1 / [ I J 0 N J ,,r I , ~7 MWYA1 t. f 1 II~ I ~ ~ ! 11 ~l` J ~ rl-- /Y llMf[JV ✓1 '1 Yr. / INII IM 1 ,1•erF anrrau srGl[r.eee re.ro-.tn• o 'LL ! 1, 1 I I {NWIYLWO 1 IY I r p (~C I COMM 1!! ~ i .Z 7N t ~ {wAVVflI✓!0 II 1 I~ ~3 1 I~ II~~ ~I ? E.1.~ ~I i ,.L 0411IR JeWELL J HNSON DE4HCUna6p JIM 6ppIFFIS i1 y I r ~-7 35i7 RIDOtHAY e09 ACOADIA ~ r...,u,w _ III __I _I tE ME .A R LA 7tl002 PLANO" TM 75023 t' I'. N.uw r _ 1 (509 A3r1-5365 I219d 923-318] - .al,. RECEIYEDFFB2 { _.-c - 7: - f- PRf'L/Me/NARY I SANDY .NU[ F•-yt~-F. i..___. _.._2q¢Y3!e ~I,ye 4 AD17/0N sr tors is frp7s cauli ! VI .11,4 F' / p~ AFNlUN fpUN7Y rFavS ...slt4leza~i~>dm._C. ..-V' .Irk cR[nwK fuu ML PERRY Vl ASSOCfATES .etv. 2-14'fJ s/ llPS wuo::I"rnxun.}I, s.rr. ro/ Minutes Planning and Zoning Commission February 15, 1983 Page 7 B, Preliminary plats of the Sandy Hill Addition. Mr. Watkins explained that normaJ.ly a preliminary plat comes only to Planning and Zoning Commission b('ommission case staff is asking that Planning and 'Zoning (UNAPPROVED) make a recommendation to the City Council who will make ultimate determination because zoningg ordinance, article '21b, specities that Planning and Zou ng Commission cannot be the deciding authority on any type arrangement which is under consideration for annexation. tie further ex- pplained that area was reviewed by City Gouncil on February 15, 1983 and staff was directed to initiate annexation proceedings on a tract which includes this parcel located on the southeast side of Fishtrap Road and the east side of Jewell Road (presently an unnamed street), He said that developer has submitted two plans; one an 84 lot mobile home subdivision for owner occu- pancy, lot size 35 feet x 100 feet; the other a one lot subdivision of the 13 1/2 acre tract, Jim Griffis, develo~erw, stated that his lropnderinewo- cated in LTJ, that E,e as hoping to deve op u subdivision regulations as he is asking for variance from Current or'inance for lot size and for road. He said that he wanted to develop an 84 lot subdivision for owner occupancy. However, since new regulations are not yet in effect he is also submitting a one lot subdivision due to school looking In August. market at date because ofe bnck said to he Mr. Watkins further explained that under present regula- tions when a developer subdivides in the 1'fTJ, he must pave and curb and gutter streets to city standards and also provide minimum lot size of 6,000 square feet. He said that new subdivision regulations provide that in ETJ developer may improve streets in accordance with country standards and there is no minimum lot size requirement in the LTJ. On question, he said that 6,000 square foot lots are desirable from merit of health and safety fac- tors, also the need for open space, He said, however, that current mobile home ordinance requires only 3,500 square foot lots. tie repeated that staff has been di- rected to initiate annexation of the property and it is possible that property will be annexed into city. He further stated that there is a fear as to what might be developed on the 3,500 square (cot lots, that somebody might put a traditional house on that size lot, that some members of the City Gouncil were inclined to want the Minutes Planning and Zoning Commission February 15, 1983 Page 8 developper to come in with PO request so that conditions could be attached. He said that, in addition, engineer- ing department has some concerns about maintenance of road built to county standards if it is ultimately going to be in city, Mr, Griffis referred to housing study for the city of Denton Mated March, 1979, which identifies the critical housing; need to be in $30,000 to $40,000 range, that he is trying to meet that need. lie said he has a lot of options,. he can sell to individual owners, but cannot get long term financing unless he is granted permission to subdivide, project will not be funded unless streets are accepted by either the city or the county; he can find investors who will rent the mobile homes; he can dense pack which would give him 135 units instead of 84; or he can abandon the project totally, He said he wanted to sell lots, based on the need shown b6 the housing study, but, if he is required to provide 6,00 square foot lots and pave and curb and utter according to city standards, he will wind up with $0,000 lots which will not support $20,000 to $30,000 houses He sold he submitted two plats to give City Council time to approve new subdivi- sion ordinance since he would meet meet those require- ments in ETJ; that now city has initiated annexation. He said if he could get his variances and could get police and fire protection, he would not object. Mr. Edwards stated that City Council had suggested that developer come in with Pit request so that conditions of development could be attached. tie said that mobile home subdivision does not meet requiremenUi of current ordi- nance such as street specifications, lot size, etc. Staff recommends that requested variances not be approved and the mobile home subdivision be denied. On question about need for 6,000 square foot lots for mobile home :;ubdivision, Mr, Edwards maid that city has no control over zoning in the ETJ, that there is no assurance that a mobile home will be placed on that lot if subdivision is approved. Mr. Griffis said that by nature of size of lot and it being probable that two lots would not be merged, the guarantee is that nothing else but a mobile home will fit on a 35 x 100 foot lot, Minutes Planning and Zoning Commission February 15, 1983 Page 9 Mr. Griffis then addressed the issue of road specifica- tions by presenting a sample of type of roadway he pplan- ned to use, stating that psi tests out over 3500, which is cit.y specifications, and further stated that this roadway will only serve the proposed 84 homes with one access. Mr, Edwards said that he has considered the type of road developer has projected, that he feels that since city has begun annexation, specifications for roadway are not the type of roadway the city wants to maintain and engi- neering staff would not recommend approval. Mr. Ellison stated that he has worked with develoler, that he is proposing 3,500 square foot lots to se 1 off, that he doesn't want to comply with recreational stan- dards and vehiclo storage standards in mobile home ordi- nance4 lie said chat Mr. Griffis has been told that if he wants to develop a mobile home subdivision in ETJ he must meet certain requirements, that it has to be treated like any other subdivision as City of Denton at this time has no concept for mobile home subdivision. He said that developer is requesting variances from current and pro- posed rqulations, that it is impossible for staff to make an informed and professional recommendation because of too many variances, therefore, staff recommends denial of mobile home subdivision. Mr. Sidor moved to recommend denial of mobile home sub- division with individual lots. Seconded by Mr. Juren an unanimously carried. (6-0) Mr, Edwards addressed the one lot subdivision stating that drainage analysis would be required in the final platting stage and correct city limits line should be indicated on plat. lie said that lie saw no reason to delay developer because of these two items and recom- mended that the one lo- subdivision be approved. On question, he said that if developer goes ahead and develops as a mobile house park and then later comes bac:•. and wants to replat in order Co sell individual lots, it would be necessary to meet subdivision requirements, Mr. Watkins said that under new subdivision regulations some very spec'ific' recommendations have Lo be met before Planning and Zoning Commission can grant variances. Mr, Griffis said that he is trying to meet a specific need, that variances are necessary in order to meet that need. Minutes Planning and Zoning Commission February 15, 1983 Page 10 Mr. Ldwards said that developer is i66~noring the option of a planned development, that with PD concept concerns could be taken into account and development could be mutually acceptable to him and to the city. Mr. Sidor commented that apparently developer wants to build roads to his own specifications, then ask city to maintain them at other taxpayers' expense, Mr. Griffis said that quality of road is comparable to what city requires, that engineering department does not agree but other engineers say that roads are more than adequate. He said he is not opposed to putting up a bona. Mr. Ellison advised that staff is not prepared to recom- mend approval, of a PD at this time. Mr. Claiborne moved to recommend a proval of the one lot subdivision with technical corrections. Seconded by Mr. LaForte and unanimously carried. (b-U) C. New Business Chairman asked for items of new business to consider. None were offered. Meeting adjourned at 9;15 p.m. CITY COUNCIL AGENDA 13AGK-UP SWIMAKY SHEET Date: March 1, 1.983 Subject: Approval of the preliminary plat of the Sandy Hill. Addition (one lot subdivision). Summary: The developer of the proposed Sandy Hill Addition has informed staff and the Planning and Zoning, Conmiission that his alternative to building a mobile home subdivision Is a standard mobile home park. The one lot pre- liminary plat does conform with technical. requirements of the subdivision regulations for property located in the ETJ. If development of the mobile home park occurs before the property is annexed, the City of Denton cannot enforce zoning re- quirements or standard: in the Mobile Home Park and Travel Trailer Ordinance. Internal streets, uciiity systems and other infra- structure can be privately owned and main- tained within a mobile home park. The con- sLruction specifications for mobile home parks are less sLringenL than those for sub•• divisions. In addition, the subdivision regulations do not require developers to improve perimeter roads in the ETJ in con- junction with platting. Nish Trap Koad and Jewell ttoad (proposed name) are currently outside the City limits; therefore, require- ments for improvements could not be imposed if final plat is approved prior to final annexation action. Article 21, subparagraph 13, in Lhe zoning ordinance provides that the Planning and Zoning Commission shall not approve any plan of any subdivision within an area where a petition, ordinance or recommendation for annexation to the City of Denton is pending before the City Council unless and until su::h plat is approved by resolution by the City Council. The Planning and Zoning Gommission was not made aware of this pro- L City Council Agenda hack-Up Summary ,Sheet Sandy Hill Addition (one lot Subdivision) March 1, 1983 Page 2 Summary Cont.. vision prior to rinsideration of the prelim- inary plat's and''subsequent recommendations and wa3 informed by staff that the one lot subdivision should be alproved because if conformed with technica requirements. Legal implications of this particular pro- vision in the zoning ordinance is being dis- cussed with the Legal Department, but their opinirn to date is that the city Council does have the option of denying any plat involving property where annexation is penn- ing. If the preliminary plat is approved, the City Council should direct staff to pre- pare a resolution for future approval, Action Required; Approve or deny the preliminary pIL-t- of the Sandy Hill Addition (one lot subdivision). Recommendation: Upon advice from staff that there was no alternative, the Planning and Zoning Commis- sion recommended approval of the preliminary plat of the one lot subdivision by a vote of 6-4 at its meeting of February 16, 1983. Alternatives: 1, Approve the preliminary plat- and direct staff to prepare an accompanying reso- lution. 2. Deny the preliminary plat. Attachments: 1. Reduced plat 2. Excerpt from zoning ordinance, 3. Planning and Zoning Commission minutes of meeting of February 16, 1983. David LI'lison Development Review Planner I tit r4.->-- - IRE -T I 1 TJ 1 I ~ ~ 77r o ~ ll ~ q~ I ! / ~ f N I r / y ~ <4vOlvlioOlO i 1 ' l Owyala°f0 v Y~ av y RECEIYE01"f9 2 2 G!I Qh PRELIMINARY PLAT SANDY HILL ADoIrrvIv 13.5130 AC. TR.'4C7' .~.._L MOREAU f•ORRE5T SURVE", A-417 JVWELL JOHNSON DE'N l olPf, v 9B OUN1 Y, E XAS 3517 RI~OENAY 1tl0' METAIA1 LA 70092 (504)) W-5 85 y. OtVEL 02Fq y7 Y M4P 184 ACADIAS ralAlY 219) 923.31813 1 BILL PERRYB aseocrl*res Palo- RJ 1516 1.1 w,Mockingbird gk4q, 4~1AO'fat ho II{ ~s Art, 20 APPMNDIX n--'ZONING Art, 22 i Ing permit far only ona main building may be Issued on 1 ear.h such original separat.oly owned parcel without first complying with Article 20 A (1) or (2), Article 21, flatting property not permanently zoned, { A. The planning and zoning commission of the City of Denton shall not approve any plat of any subdivision within the city limits of the City of Donton until the area covered by the proposed plat shall have bpen permanently zoned by the city council of the City of Denton, i B. The planning and zoning commission of the City of Denton shall not approve any plat of any subdivision within any area where a petition or ordinance for annexation or a recommendation for annexation to the City of Denton is pen& , Ind bacre the city council, unloas and until such plat shall I ? have been approved by resolution by the city council, f I'j C, In the event the planning and zoning commission holds Ik a hearing on proposed annexation, it may, at Its discretion, at the same time hold a hearing upon the permanent zoning 1 that Is to be given to the area or tract to be annexed, and ''Hake it recommendation on both matters to the city council so that the city council can, if it desiros, act on the matter of rP' permanent zoning and annexation at the same tlmo. 1 Article 22, Nonconforming uses and structures. A. A nonconforming status shall exist under the following provisions of this ordinance; (1) Whon a use or structure which does not conform to the regulations prescribed in the district In which such Sf~l use or structure is located was in existence and law- %i fully operating prior to the adoption of Articles 1 through 32 of [Appendix B of] the Code of Ordinances of the City of Denton, referred to as the current zoning I ordinance, (2) When on the effective date of this ordinance, the use or structure was in oxistence and lawfully constructed, supp. No, 28 11 t31 ~ I' I 1 ~ Minutes Planning and Zoning; Commission [February 15, 1983 Pale 7 B. Preliminary plats of the Sandy Hill Addition. Mr. Watkins explained that normally a preliminary plat comes only to Planning and Zoning Commission but in this case staff is asking; that Planning and Zoning Commission (UNAPPROVED) make a recommendation to the City Council who will make ultimate determination because zoning ordinance, article 21b, specifies that. Planning and Zoning Commission cannot be the deciding authority on any type arrangement which is under consideration fot annexation. He further ex- plainod that area was reviewed by City Council on ebruary 15, 1983 and staff was directed to initiate annexation proceedings on a tract which includes this parcel located on the southeast side of Fishtrap Road and the east side of Jewell Road (presently an unnamed street). fie said that developer has submitted two plans; one an 84 lot mobile home subdivision for owner occu- pancy, lot size 35 feet x 100 feet; the other a one lot subdivision of the 13 1/2 acre tract, Jim Griffis, develoy~ erw, stated that his property is lo- cated in BTJ, that t}e as hoping to develop under new subdivision regulations as lie is asking for variance from current ordinance for lot size and for road. lie said that he wanted to develop an 84 lot subdivision for owner occupancy. However, since new regulations are not yet in effect he is also submitting a one lot subdivision due to time facr.or. He said he is looking at July 15 coinpletion date because of back to school market in August. Mr, Watkins further explained that under pretent regula- tions when a developer subdivides in the ETJ, he must pave and curb and Sutter streets to city standards and also provide minimum lot size of 6,000 square feet. He said that new subdivision regulations provide that in ETJ developer may improve streets in accordance with county standards and there is no minimum lot size requirement in the li`i'J. On question, he said that 6,000 square foot lots are desirable; from merit of health and safety fac- tors, also the need for open space. lie said, however, that current mobile home ordinance requires only 3,500 square foot lots. lie repeated that staff has been di- rected to initiate annexation of the property and it is possible that property will be annexed into city. lie further stated that there is a fear as to what might be developed on the 3,500 square foot lots, that somebody might put a traditional house on that size lot, that some members of the City Council were inclined to want the Minute8 Planning and Zoning Commission February 15, 1983 Page 8 develo er to come in with PD request so that conditions could Ee attached. lie said that, in addition, engineer- ing department has some concerns about maintenance of road built to county standards if it is ultimately going to be in city, Mr. Griffis referred to housing study for the City of Denton dated March, 1979, which identifies the critical housing need to be in $30,000 to $40,000 range, that he is trying to meet that need. He said he has a lot of options; he can sell to individual owners, but cannot get long term financing unless he is granted permission to subdivide, oroJect will not be funded unless streets are accepted I~ either the city or the county; tie can find investors who will rent the mobile homes; he can dense pack which would give him 135 units instead of 84; or he can abandon the project totally. He said he wanted to sell lots, based on the need shown by the housing study, but, if he is required to provide 6,000 square foot lots and pave and curb and utter according to city standards, lie will wind up with $ KU 00 lots which will not support $20,000 to $30,000 houses, tie said he submitted two plats to give City Council time to approve new subdivi- sion ordinance since he would meet meet those tequire- ments in ETJ; that now city has initiated annexation, lie said if he could get his variances and could get police and fire protection, he would not object. Mr. Edwards stated that City Council had suggested that developer come in with PD request so that conditions of development could be attached. He said that mobile home subdivision does not meet requirements of current ordi- nance such as street specifications, lot size, etc. Staff recommends that requested variances not be approved and the mobile home subdivision be denied. On question about need for 6,000 square foot lots for mobile home subdivision, Mr. Edwards said that city has no control over zoning in the E`i'J, that there is no assurance that a mobile home will be placed on that lot if subdivision is approved, Mr, Griffis said that by nature of size of lot and it being probable that two lots would not be merged, the guarantee is that nothing else but a mobile home will fit on a 35 x 100 foot lot. Minutes Planning and Zoning Commission February 15, B83 Page 9 Mr. Griffis then addressed the issue of road specifica- tions by presenting a sample of type of roadway he plan- ned to use, stating that psi tests out over 3500, which is city specifications, and further stated that this roadway will only serve Chu proposed 84 homes wLth one access. Mr. Edwards said that he has considered the type of road developer has projected, that he feels that. since city has begun annexation, specifications for roadway are not the type of roadway the city wants to maintain and engi- neering staff would not recommend approval. Mr. Alison stated that he has worked with developer, that he is proposing 3,500 square foot lots to sell off, that he doesn't want to comply with recreational stan- dards and vehicle storage standards in mobile home ordi- nance. He said that Mr.. Griffis has been told that if he wants to develop a mobile home subdivision in ETJ he must ineet certain requirements, that it has to be treated like any other subdivision as City of Denton at this time has no concept for mobile home subdivision. Lie said that developer is requesting variances from current and pro- posed regulations, that it is impossible for staff to make an informed and professional recommendation because of too many variances, therefore, staff recommends denial of mobile home subdivision. Mr. Sidor moved to recommend denial of mobile home sub- division with individual lots. Seconded by Mr. Juren an unanimously carried. (6-0) Mr. Edwards addressed the one lot subdivision stating that drainage analysis would be required in the final platting stage and correct city limits line should be indicated on plat. Ile said that he saw no reason to delay developer because of these two items and recom- mended that the one Lot subdivision be approved. On question, he said that if developer goes ahead and develops as a mobile home park and then later comes back and wants to replat in order to sell individual lots, it woula be necessary to meet subdivision requirements. Mr. Watkins said that under new subdivision regulations some very specific recommendations have to be met before Planning and Zoning Commission can grant variances. Mr. Griffis said that he is trying to meet: a specific need, that variances are necessary in order to meet that need. Minutea Planning and Zoning Commission February 15, 1983 Page 10 Mr. Edwards said that developer is ignoring the option of a planned development, that faith PL) concept concerns could be taken into account and development could be mutually acceptable to him anu to the city. Mr. Sidor commented that apparently deve&.oper wants to build roads to his own specifications,' then ask city to maintain them at other taxpayers' expense, Mr, Griffis said that quality of road is comparable to what city requires, that engineering, department does not agree but other engineers say that roads are more than adequate. He said he is not opposed to putting up a bon-:i. Mr. Ellison advised that staff is not prepared to recom- mend approval of a PD at this time. Mr. Claiborne moved to recommend approval of the one lot subdivision with technical corrections. Seconded by Mr. LaPorte and unanimously carried. (6-0) C. New Business Chairman asked for items of new business to consider. None were offered. Meeting adjourned at 9;15 p.m. CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET Meeting Date; March 1, 1983 City Council Agenda Item # Subject; Introduction of an ordinance instituting annexation proceedings on a 456 acre tract of land located along the east side of FM 2181 (Teasley Lane) and on the north side of Robinson Road, (Z-1560) Summary; Continuation of the annexation process requires introduction of the ordinance, Action Required; To continue the annexation process the City Council should move to receive the ordinance, Alternatives: 1. Receive the ordinance, 2. Delete territory from the proposed annexation. 3. Disapprove the annexation ordinance, Recommendation: The Planning, and Zoning Commission recom- mends approval by a vote of 5-0. Exhibits; 1. Ordinance 2, Service plan 3. Map 4. Planning and Zoning Commission minutes of meeting of January 19, 1983. iA 4'. 1 uz%~_ Charles Watkins Senior Planner NO. i AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXASI BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 456 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON( STATE OF TEXAS AND BEING PART OF THE J. FISHER SURVEY, ABSTRACT NO. 421, S. LEWIS SURVEY, ABSTRACT N0. 7691 M.E.P. & P,R.R. SURVEY, ABSTRACT NO. 9501 E. PICKETT SURVEY, ABSTRACT NO. 1418, AND THE S. HEMBRIE SURVEY, ABSTRACT NO. 643, DENTON COUNTY, TEXASI CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTYI AND DECLARING AN EFFECTIVE DATE. WHEREAS, the request for annexation was introduced at a regular meeting of the City Council of the City of Denton, Texa3, on the petition of the City of Denton, Toxasl and WHEREAS, an opportunity was afforded, at a public hearing held for that purpose on February 11 1983 in the Council Chambers for all interested persons to state their views and present evidence bearing upon the annexation provided by this ordinance) and WHEREAS, an opportunity was afforded, at a public hearing held for that purpose on February 11 1983 upon the property hereinafter described in this annexation ordinance for all interested persons to state their views and present evidence bearing upon the annexation provided by this ordinaneal and WHEREAS, this ordinance has been published in full at least one time in \;fe official newspaper of the City of Denton, Texas, prior to its affective date, and after the public hearingsl NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINSi SECTION I. That the hereinafter described tract of land be, and the same is hereby annexed to the City of Denton, Texas, and the same is made hereby a part of said City and the land and the present and future inhabitants thereof shall be entitled to all the rights and privileges if other citizens of said City and shall be bound by the acts and ordinances of said City now in effect or which may hereafter be enacted and the property situated therein nhall be subject to and shall bear its prorata part of the taxes levied by the City. 9,he tract of land hereby annexed is described as follows, to-wit; All that certain tract or parcel of land lying and being situated in the County of Denton, State of Texas, and being part of the J. -Fisher-Survey,-Abstract No,--421,•B. Lewis Survey, Abstract-NO-769,- PAGE ONE S M, E, P, & P,R,R, Survey, Abstract No, 950, s, Pickett Survey, Abstract No, 1018 and the S. Hombrio Survey, Abstract No. 643 an.x being more particularly described as follows) BEGINNING at a point 5 feet east of and perpendicular to the eaya right of way line of Teasley Lane (8'M 2181), said point also lyin,7 in the present city limits line as established by ordinance No. 65-43, Tract IfI and the southwest corner of the land described La Ordinance No. 74-35) THENCE south 87°39'11" east along the present city limits as established by Ordinance No, 74-350 a distance of 3559 feet to a point for a corner, same being the southeast corner of the land described in ordinance No, 74-35 and the west boundary line of th-a land described in Ordinance No. 74-341 THENCE south along the present city limits as established bir Ordinance No, 74-34, a distance of approximately 1921 feet, more or less, to a point, same being the southwest corner of the land describod in Ordinance No. 74-34 and the westerly northwest corn*c of the land described in Ordinance No. 77-181 THENCE south along the present city limits as established b!' Ordinance No. 77.18, a distance of 2454 feet to a point for a corner, same being the southwest corner of the land described im Ordinance No, 77-181 THENCE north 84°19' east along the present city limits as established by Ordinance No, 77-18, a distance of 3249,71 feet to a point for a corner, same being the southeast corner of the land, described in Ordinance No, 77-181 THENCE north 2058' east along the present oitry limits as established by Ordinance No. 77-18, a distance of 792.7 feet to a point for a corner, said point being the northerly northwest corner of the land described in ordinance No. 78-28, Exhibit "C", said point alsti lying in the southwest right of way line of Statt School Road1 THENCE south 21619 east along the southwest right of way line of State School Road, same being the present city limits as established by Ordinance No. 78-28, Exhibit C", a distance o. 172.7 feet to a point for a corner) THENCE 39018' east along the southwest right of way line of sal! road, some being the present city limits as established b•; Ordinance No. 78-28, Exhibit "C", a distance of 697.1 feet to s point for a corner) THENCE 17006' east along the present city limits as established b,r ordinance No, 78-28, Exhibit "C", a distance of 151.7 feet to i point for a corner, said point lying 10 feet west of th-e Denton-Corinth common jurisdiction line and alFU Being 10 feet west and 53,7 feet south of the northwest cornet of the L. young Survey, Abstract No. 14511 THENCE south along the present city limits as established b, - Ordinance No. 78-28, Exhibit "C", and 10 feet west of and paralle with the Denton-Corinth common jurisdiction line a distance vi 1651.5 feet to a point for a corner in the north right of way line of Robinson Road, said point also being 25 feet north of the sour: boundary line of the S. Hembrie Survey, Abstract No, 6431 THENCE south 88058' west along the present city limits same beans the north right of way line of Robinson Road and 25 feet north o' and parallel with the Denton-Corinth common jurisuiction line s distance of 830 feet to a point for a corners THENC2 west along the north right of way line of Robinson Road a ---d-is-tanco--of-4190..79- feet- to--a-point-Eor--a-corner;- said-point--lyin}----- - PAGE TWO in the present city limits as established by Ordinance No. 65.43, Traot Ii1, said point alyu lying 5 feet east of and perpendicular to the east right of way line of Teasley lane (FM 2161) t THENCE north and vest along the present city limits which lies 5 feet east of and parallel with the east right of way line of Teasley Lane (FM 2181) the following 10 courses and distancea) (1) north 2007' west 298,5 feet to the beginning of a curve to the left with a chord bearing and distance of n-rth 18019' west, 827,25 feet, central angle of 32024' and a radi,„ o: 1482.57 feet) (2) northwesterly along said curve an arc distantu of 838,37 feet) (3) north 34431' west 751,8 feet to the beginning of a curve to the right with a chord bearing and distance of north 27056' west 118.9 test, central angle of 14010' and a radius of 2914,93 feet) (4) northwesterly along said curve an arc distance of 720.73 feet, (5) north 20021' west 815,1 feet to the beginning of a curve to the left with a chord bearing and distance of north 26021' west, 609.35 feat, central angle of 124 ane a radius of 2914,78 feet) (6) northwesterly along said curve an arc distance of 610.47 foot) (7) north 32021' west 989,70 feet to the beginning of a curve to the right with a chord bearing and distance of north 16046' west 796.49 feet, central angle of 31°10' and a radius of 1482,46 feet) (8) northwesterly along said curve an arc distance of 806.40 feet) (9) north 1011' west 432.1 feet to the beginning of a curve to the left with a chord bearing and distance of north 4014122" west 81.76 foot, central angle of 6006143" and a radius of 766,83 feet) (l0) nor.thweste:ly along said curve an arc distance of 81.8 feet to the place of beginning and containing 456 acres of land, more or less. SECTION II, The above described property is hereby classified as Agricul- tural "A" District and shall so appear on the official zoning map of the City of )enton, ToXas, which map is hereby amended accordingly, SECTION 111. This ordinance shall be effective immediately upon its passage. Introduced before the City Council on the lat day of March, 1983. PASSED AND APPROVED by the City Council on the _ day o"_ 1983. RICHARD 0. STEWART, AM-K CITY OF DENTON, TEXAS ATTESTi CUNROT7 A ,LEN, T 5 c 'TAR' CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM) C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS PACE TH~iSai . PLAN OF SERVICE FOR ANNTYED AREA CITY OF DENTON TEXAS WHEREAS, Article 970a as amended rectuires that a plan of service be adopted by the governing body of a city prior to passage of an ordinance annexing an area; and WHEREAS, the City of Denton is contemplating annexation of an area which is bounded as shown on a mai: of the proposed annexation, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; Section 1, Pursuant to the provisions of Article 970a as amended, Texas Code Annotated, there is hereby adopted for the proposed annexation area the following plan of service; I. Basic Service Plan A, Police (1) Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective date of annexation; (2) Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards. B. Fire (1) Fire protection by the present personnel and equip- ment of the fire fighting force, will be provided on the effective date of annexation, C. Water (1) Water for domestic, commercial and industrial use will be provided at city rates, from existing city lines on the effective date of annexation, and thereafter from new lines as extended in accordance with article 13.06 of appendix A of the coda of the City of Denton, Texas, D. Sewer (1) Properties in the annexed areas will be connected to sewer lines in accordance with article 13.06 of appendix A of the code of the City of Denton, Texas. E. Refuse Collection (1) The same regular refuse collection service now pro- vided within the city will be extended to the annexed area within one month after the effective date of annexation. Service k AJ.An Annexed Areas Page two F. Streets (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc.) will begin on the effective date of annexation, (2) Routine maintenance on the same pasis as in the present city, will begin in the annexed area on the effective;) date of annexation. ' (3) Roconstruotio.n and resurfacing of streets, installa- tion of storm drainage facilities, construction of curbs and gutters, and other such major improvements, as the need therefore is determined by the governing body, will be accomplished under the established policies of the city, G. Inspection Services (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc.) will begin in the annexation area on the effective elate of annexation. 11. Planning and Zoning (1) The Planning and Zoning jurisdiction of the city will extend to the annexed area on the effective date of annexation. City planning will thereafter encompass the annexed area, 1. Street Lighting (1) Street lig.htitig, wi 1:1 be installed in the substan- tially developed in accordance with the established pcilirio!',, of the city, J. Recreation (1) Residents of the ;.nnexed area may use all existing recreational :facilities, parks, otc., on the effec- tive elate of annexation. The same standards and policies now used in the present city will be fol- lowed in expanding the recreational program and facilities in the enlarged city, K. Electric Distribution (1) The city recommends thO use of City of Denton for electric power, IServ{.ae Plan Annexed Areas Page three L, Miscellaneous (1) Street name signs where needed will be installed wii;hin approximately a months after the effecr,ave date of annexation, II. Capital Improvement Program (CIP) The CIP of the City consists of a five year plan that is up- dated yearly, The Plan is prioritized by such policy guide- lines as; (1) Demand for services as compared to other area~s- based partly on density of population, magnittAe of problems compared to other areas, established technical standards and professional studies, and natural or technical restraints or opportunities. (2) Impact on the balanced growth policy of the city. (3) Impact on overall city economics. The annexed area will be considered for CIP planning im the upcoming CIP plan, which will be no longer than one year from the date of annexation, In this new CIP planning year the annexation area will be judged accordingly to the same established criteria as all other areas of the city. , ` Idd C tl@pu) a 1 a ff 1 is Minutes Planning and Zoning Commission January 19, 1983 Page 6 they would be applying for under a normal subdivision plat. Mr. Watkins further explained he thought. Mr. But- ton had refused to be annexed. flare again, his informa- tion was incorrect. Mr. Button had not refused to be annexed. Mr, Sidor asked about the extension of Loop 2£387 Mr. Watkins explained there are two options. First, in the future when it comes time to build it they can acquire 60 feet from Mr. Button, or second, look at amending the thoroughfare plan to sea if there is a more suitable less expensive route. Mr. Sidor moved to recommend approval of the preliminary and final plat of block 1, Lakewood Estates as presented to Commission at last meeting. Seconded by Mr. Juren and unanimously carried. (5-0) Consider making a recommendation on the annexation of approximately 456 acres of land including the mobile home park under construction on the north side of Robinson Road. (Z-1560) Mr. Watkins explained request and showed a map to the Commission explaining where Mr. Button is developing his mobile home park. He said Robinson Road forms a natural boundary. Ruth Mitchell spoke in opposition of request. Her oppo- sition to this request is she does not want to have to pay city taxes. Chair closed consideration. Mr. Sidor moved to recommend to City Council the 456 acres be annexed. Seconded by Mr, Claiborne and unani- L~ mously carried. (5--0) C. Approval of the preliminary plat of lots 1 and 2, l,a Colina Ranch Apartments Addition. Mr. Ellison explains preliminary I)Iat is correct and the Development Review Committee recommends approval. Mr. Claiborne moved to recommend approval. Seconded by Pos. Cole and unanimously carried, (5--0) 7 DUMAs, HUOUFNm, BOOTHMAN 1x MORROW FULBRIOHT 6 JAWORSKI OFFICES 2001 BRYAN TOY/ER. SUITE 1400 BANK OC THE SOV111WC6T BUND1nO LAIIOMARK BVILOn10 s,u1Tt 200 HOUSTON. TEXAS 2100E 200 CA6T II01jSTO,1 1+r.1nR DALLAS, *rEXAS 76201 TE LEP14011C X11661 6161 SAIL ANT01110, TEXAS 141:1111. TCLEPI4014C 12141000.0460 T2LCA 70 2429 TELEP140PIC 1512';224 -!.:'Y 1160 GONNCCTICVT AVC 11 W 2001 BRYAII LOWER WASIII 1001011, D C 20030 SUItt 1400 LANOMARK BUILOINO. SUITE 200 TCLCPIIOIIC 201l. 4KI 6000 PALLA S. VCAA6 7510, 706 CA.BT HOU6TON AVCI(UC TELEX 062602 TELEPHOIIE 1214 pj~ mlv SAH ANTONIO, TEXAS 78206 AMCRICAII OANX TOWER, SUITE 1740 2 ST JAMES6 PIACE Ito WEST OWN OTREET CONDOM, SWIA 'NO TELEPHONE 16121224.6022 AUS110. TEXAS 70701 TELCPHONC011422-,... 4 IELCP44ONE'612 AM 6101 TELEX 20310 T Pebruary 17, 1983 Mr, Chris Hartung City Manager 215 E, McKinney St, Denton, '.Texas 76201 Res North Texas Higher Education Authority, Inc, Dear Mr.. Hartung: Pursuant to your recent conversation with Elbert Morr-ly, enclosed is a copy of the Resolution, together with Certif-rate of Secretary, relating to the issuance of Bonds by the abo•;t named Authority, to be passed and adopted by the City Council on March 1, J.983, please note that representatives of the Authority will be present at said meeting to answer any questions, Sincerely, DUMAS, HUGUENIN, BOOTHMAN AND MOR-7,0W b : CJ.i~t - ~ raze]~ton, )L7Cr~, -OR THE FIRM ~ CB/st Enclosure cc: Ralph Rushing Ben Brooks Lee Donner CA J, Taylor City Attorney RESOLUTION A RESOLUTION by the City Council of the City of. Denton, Texas, relating to the issuance of Bonds by the North Texas Higher Education Authority, Inc,j approving the issuance of one or more series of Bonds; and making certain findings in connection therewith. WHEREAS, this governing body, requested certain individuals to proceed to re-organize and re-establish a non-profit corporation pursuant to the Texas Non-Profit Corporation Act, for the purpose of furthering educational opportunities of students by providing funds for the acquisition of student loans; that such has been accomplished, the corporation being known as the "North Texas Higher Education Authority, Inc."j and WHEREAS, the North Texas Higher Education Authority, Inc., has proceeded in the development of a plan of doing business and it is now appropriate for this governing body to approve the actions taken, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; SECTION I. This governing body has been advised by the North Texas Higher Education Authority, Inc,, (the "Corporation"), that such Corporation upon approval thereof by the governing bodies of the Cities of Denton and Arlington, Texas, proposes to issue revenue bonds; that such bonds would be initially issued as one or more series of Bonds (col- lectively, the "Bonds") in the aggregate principal amount of up to $50,000,000, and that such bonds would be payable from and be secured by a pledge of revenues derived from or by reason of the ownership of student loan notes and investment income after deduction of such expenses for operating the loan program as may be specified by the bond resolution or trust indenture authorizing or securing such Bonds and the payment thereof, 1 The Bonds (up to J.he aggregate principal amount of 550,0001000) are issued to obtain funds with which to purchase Student Doan Notes which are guaranteed tinder the provisions of the Higher Education Act of 1965, as amended, to establish certain reserves and for the purpose of paying certain expenses, SECTION II, This governing body hereby approves the issuance and delivery of such Bonds for the purposes aforesaid, and in this connection requests that the said Corporation exercise the powers enumerated and provided in Section 53,47 of the Texas Education Coded that such non-profit corporation shall, in this connection, exercise such powers for and on behalf of the City and thei State of Texas, as contemplated by Section 53.47(e) of the Texas Education Code. SECTION III. The City does not agree to assume any responsibility in connection with the administration of this student loan program, it being understood this responsibility is being assumed by the Corporation, SECTION IV. It is recognized by thi. governing body that the instruments which authorize the issuance of bonds by the corporation will specifically state thlt this City is not ohligated to pay the principal of or interest on the Bonds proposed to be issued by the corporation. Nothing in this resolution shall be construed as an indication by this City that it will pay or provide for the payment of any obliga- tions of the said Corporation whether heretofore or hereafter incurred, and in this connection, attention is called to the Constitution of Texas wherein it is provided that a city may incur no indebtedness without having made provisions for its payment, and this City council hereby specifically refuses to set aside any present or future funds, assets or money for the payment of any indebtedness or obligation of the Corporation. -2- SECTION V. #This Resolution shall be effective from and after its passage and approval, PASSED AND APPROVED, this the Ist day of. March, 1983, RICHARD 0. STEWART, Mayor CITY OF DENTON, TEXAS ATTEST: CHARLOT'T'E ALLEN; City Secretary CITY OF DENTON, TEXAS APPROVED AT TO LEGAL FORM: BY: -3- I March 1, 1983 CITY COUNCIL AGENDA ITD1 SUBJECT ~ Consider Railroad Wireline License-Missouri Pacific Railroad Company & Kesolution Authorizint Mayor to Execute Said License on Behalf of the City of Den-on. SUMMARY 'Che subject wireline license from Missouri Pacific Railroad Company is required for extension of a 13.2KV main line feeder on Cooper Creek Road 150' north to initially serve a railroad signal system and future electric service along, Mingo Road. FISCAi, SUMMARY; The Missouri Pacific Railroad Company has waived the usual consideration as this power line serves the Railroad's facilities, ACTION REQUIRED: City Council approval or disapproval of Resolution, RECOMMENDATION; The Public Utilities board, at their meeting of February 23, 1983, recommended to the City Council approval of subject Resolution. Minutes of this meeting will be distributed prior to the City Council meeting, Respectfully, R. L. Nelson Director of Utilities EXHIBIT I Missouri-Pacific RR Wireline License II Draft Resolution 1781013 Missouni PmipiU RAILROAD CO. a11ler5 A1.111NI.-wxs,rru:1.D Iu). 0 N,O0 DRAWER %I SPRING, n-'X-1S 77070 T(L. AREA COOC 713 A. W. REES. JR. O. R. LILLY OCN94AL MANAOCR DISTRICT tNOINtti S. E. KERLEE February 16, 1983 760.7610 A$$14TANTOCNCRAL MANAOCR J. O. HOPE r R. L. SHORT MECHANICAL $UPCR-N1C.ti9ENT OENCRAL $UPUIN TCNOEN7 950.7650 O. E. KNOX Jerry Clark A881$UNT TO OCNCRAL w.•NAOtR Mr. LAND. LCA696 AND CON*RACT! City of Denton, Texas 7504540 Municipal Building Denton, Texas 76201 JSW- Wire Line I DIV:4TON, TEAS City of Denton MP 205.85 Dear Mr, Clark: Reference is made to your letter dated December 10, 1982, regarding the City's request for permission to construct a 13,2KV power line above Missouri Pacific's right of way at Mile Post 205,85, Engineer's Chainage Station 10868+78 in Denton County, Texas, near Denton, We are agreeable to permitting this crossing provided it is constructed in accordance with our specifications, under our supervision and provided our standard form of Wire Line License is executed. Inasmuch as this power line serves the Railroad's facilities the usual consideration has been waived. We have prepared in duplicate and attached hereto originals of our form Wire Line License to cover this installation and ask that you cause the set of originals to be executed, Please have the City's Secretary attest and affix seal in the spaces provided on each of the originals, We shall also need a Resolution authorizing the Mayor's execution of the .license. The executed Licenses and Resolution should be returned to the under- signed for processing by the Railroad, whir--h will return a fully executed License for the City's files. Please notify our Roadmaster, R. L. Maxwell at Denton, Texas, telephone (817) 387-6213 at least 48 hours prior to the time =)ork will begin. Yours very truly, I J S. A-1moth D str ct Lau & Lease Agent JSW/drf Attachment 1 1 1 1 ,1 ,1 Form 2001+ 8/76 JSW- Wire Liner DENTON, TEXAS City of Denton MP WIRE LINE LICENSE THIS AOREEMENT, executed in duplicate , this 16th day of February , 1983 , by and between MISSOURI PACIFIC RAILROAD COMPANY a Delaware corporation, hereinafter called "Carrier", to be addressed at 210 North 13th Strea", St. Louis, Missouri 63103, and CITY OF DENTON, TEXAS a municipal corporation b'R.YatY&G%=W ;4CX , hereinafter called "Licensee", to be addressed at Municipal Building, Denton, Texas 76201 , WITNESSETHs NOW, THEREFORE, in consideration of the promises and of the covenants and agreements hereinafter contained, it is agreads 1. Carrier hereby grants, but on solely the herein expressed terms and conditions, and Licensee hereby accepts, permission to install, keep, and use the Licensee's own one (number) certain proposed aerial 13,2KV power (proposed or existing) (aerial or underground) (designation) (power or telephone) line and, also, ovary additional wire hereafter included therewith, and appurtenances, , xkkMx t------1---------------•------ , herein called "hire Line", on the C Let's property, herein called "Premises". Wire Line shall intersect Carrier's V track xiik at Mile Post 205185, Engineer's Chainage }9crKMX-------- -1 (track or right of way) Station 10868+78 XRXXXXXXXXX tXXXXXXXXA Denton County, Texas , at or near Denton . Approximate vocation of Wire Line is indi- cated by heavy black line on Exhibit A attached hereto as part hereof. The license and permission herein granted (a) are limited to sunh title and rights as the Carrier may have in the Premises concerned, and the Licenseo. :hall secure such permission as may be necessary on account of any other existing rig' In any third party (including, without limitation, rights of tenants, subtenants liccr.saes, and others occupying or using the Premises concerned with Carrier's permission; and (b) are granted without any warranty, express or implied. Licensee hereby agrees to exercise the herein granted rights in such a manner as not to interfere Ln any way with any existing prior rights. Licensee hereby agrees that no damages shall be recovarable from Carrier because of any dispossession of Licensee or because of any failure of, defect in, or extinction of Carrier's title, 2. Licensee shall furnish or do at Licensee's own cost wind responsibility any and all things and when and as from time to time required to accomplish whatsoever the Licensee attempts or is bound to do at any time hereunder. Licensee shrill adjust Wire Line to any physical change as made at any time in any of Carrier's property; at all times keepin6 lowest conductor of Wire Line, if aerial, the appkicable statutory clearance +bove the top of rail, or the minimum clearance above the top of rail preserLbed by the then present National Electrical Safety Code for the type of construction, support spacing, and voltage ofA&re Line, whichever is greater, with the conductors operating at the maximum temper- at permitted by the Licensee; and all guy or messenger or communication wires are to be at least 27 feet above the top of rail. If underground, Wire Line shall be at least four and one-half feet below the bottom of rail thereover, and at Least three feet beneath surface of ground beyond ballast section. Licensee shall cause 1 . Form 20014 8/76 Wire Line to conform to the requirements of the then present National Electrical Safety Code of the Bureau of Standards, Department of Commerce, United States of America, except as otherwise hereinabove provided, and where underground Wtro Line carries voltage in emoess of 220 volts Licansai shall place suitable signs on surface of Carrier's property to indicate location and voltage of said Wire Line, Said things, including the time and manner of doing any work, each shall conform to the requirements of Carrier as well as of any State, Federal or Municipal authority, Carrier may, acting for Licensee, furnish or do, and Licensee shall pay and bear the cost of, anything which, herein required of Licensee at any time, either shall not be furnished or d:ne within ten days following Carrinr's written request therefor or shall be undertaken by Carrier at Licensee's request. Without limiting the generality of any of the foregoing, Licensee authorizes Carrier, at the cost and on behalf of Licensee, to furnish and provide such protective services, devices and structures, as Carrier may deem necessary, in order :o promote the safety of Carrier's operations, employees and property during or incident to the installation of Wire Line, Licensee on request shall, in advance, deposit with Carrier the estimated cost of any of the foregoing. If deposit be less than actual cost, Licensee shall pay difference; if more, Carrier shall repay difference. zeeaexv~~sx~at~vv~~~,t~ ca~'o~s~x~ax.~.ax>~tx cc>xx X3S3'~1DL~6'tX.tl}C v Any other payment shall be made within twenty days following receipt of bill. Licensee shall pay cost to Carrier for all labor, including wages of foremen, cost of material f,o,b, Carrier's rails plus freight at tariff rates to point of use, plus taxes and usual railroad additives, No pro- sions of this paragraph, nor approval by Carrier of any of Licensee's undertakings, shall relieve Licensee of any responsibility or liability, 1. Licensee agrees to (a) indemnify and save harmless the Carrier from and against all claims, suits, damages, costs (including attorneys' fees), losses and expenses in any manner resulting from or arising out of or in connection with the installation, maintenance, renewal, repair, use, existence or removal of Wire Line, and (b) assume all risk of loss or damage to Wire Line regardless of how caused and regardless of any negligence on the part of Carrier, or otherwise. 4. If the operation or maintenance of Wire Line shall at any time cause interference, including but not limited to physical interrference, from electromagnetic induction, elec- trostatic induction, or from stray or other currents, with the facilities of Carrier or of any lessee or licensee, or in any manner interferes with the operation, maintenance or use by Carrier of its right of way, tracks, structures, pole lines, signal and cormunication lines, radio or other equipment, devices, other property or appurtenances thereto, Licensee agrees immediately to make such changes in its own lines and furnish such protective devices to Carrier and its lessees or licensees as shall be necessary in the judgment of Carrier's representative to eliminate such interference, The cost of such protective equipment and its installation shall be borne solely by the Licensee. In the event that the methods above set forth fail to eliminate such interference, and it is deemed necessary by the proper officer of Carrier having jurisdiction therein that any or all facilities of Carrier or of any lessee or licensee thereof shall be re- cated, reconstructed or otherwise changed, the entire cost of such changes shall be borne the Licensee. The current due to electrostatic effects shall not exceed 5.0 milliamperes, rms, if any automobile carrier or other railroad car under Wire Line is short circuited to r 2 - Form 20014 8/76 ground, In the event it is determined that such current, at any time, exceeds 5,0 milli- amperes, rms, Carrier shoU have the right to require suoh installation or modification as may be necessary to reduce the current to D,0 milliamperes, rms, or less, and the entire cost of the installation or nodification shall be borne by Sha Licensee, If, in Carrier's opinion, changes in its property make it impractical or unsafe to continue the Wire Line on Carrier's property, Carrier shall have the right to terminate this agreement on written notice to Licensee. 5. Term hereof shall begin with the date first hereinabove written, and continue thereafter until concluded (lst) by expiration of thirty days, following serving, by Licensee on Carrier, or vice versa, of written notice of intention to end term hereof or (2nd), at Carrier's election withriut further notice, by expiration of six months without the Wire Line having been installed or by Licensee failing to cure, any default within thirty days following written request therefor. Any notice of Carrier shall be deemed served when posted conspicuously on Wire Line or when deposited, postage prepaid, in SJ, S. Mail addressed as aforesaid. Not later than last day of term hereof Licensee shall remove Wire Line and restore Premises, Any of Wire Una not so removed shall at Carrier's election without notice be deemed abandoned. Covenants herein shall inure to or bind each party's heirs, legal representatives, successors and assigns; pro- videdi no right of Licensee shall be transferred or assigned, either volintarily or involuntarily, except by express agreement acceptable to Carrier. Carris: or Licensee may kve any default at any time of the other without affect$.ng, or impairing any right arising m, any subsequent default, IN WITNESS WHEREOF, the parties hereto have duly executed this agreement as of the day and year first hereinabove written. WITNESSES = MISSOURI PACIFIC RAILROAD COMPANY By r . General Manager ATTESTS CITY OF DENTONO TEXAS Secretary By (Affix Seal) Mayor. WITNESSESi ~f A ~ V It ~ ~r ly I~ I W r~ ~ q., 1~,1~.V rxavIe1 . ` 4w... 1'I*4 Cceti'ww Y A r N Y. Wo. 44 1 1, ''r ><4"' MISSOURI PACIFIC RAILROAD COMPANI .~11L „C>~~SSSGbvIaA c I t TEXAS DISTRICT S'~•A+r.~' r RED RIVER DIVISION I 1 62o~5E'.b scL x'~u ~.2 bv5 zr~b 1 C:Ln Y ~'F i) C ~-t v D'k t Xti•S N LY o~>rlct; of D137AIC7 ENGINEER SPRING, 7>rxA: SCALE r 11 4 I I S O L U T I O N i BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTONr TEXASI i The Mayor is hereby authorized and directed to execute on behalf of the City of Denton, Texas, a Wireline License Agreement dated February 16, 1983, between the City of Denton i and the Missouri Paoific Railroad Company, relating to the construction and maintenance o: one aerial 13.2KV power line at Mile Post 205,850 Engineer's Chainage, Station 10868+78, Denton County, Texas. i PASSED AND APPROVED this the day or March, 1963. i IG O. STEWART, 1YOR CITY OF DENTON,TEXAS .~i i i ATTESTi X16 T X12 9N, I SECREW C%TY OF DENTON, TEXAS APPROVED AS TO LEOAL FORMi C.J, TAYWx# JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY$ CITY OF DENTON MEMORANDUM DATE OF MEETINGt March lo lya3 CITY COUNCIL AGENDA ITEM USE EXACT WORDING AS ITSM IS TO BE PLACED ON AGENDA) Review and consider changes to the Truck Route Ordinance. SUMMARY: This ordinance was taken to the Traffic Safety Support Commission where it was reviewed at several meetings and discussed at length. The Traffic Commission did have questions about using some of the routes, Windsor t)eing one of them. Like the Traffic Safety Support Commission, the staff did have some reservations about Windsor Drive being a truck route. After a lengthy discussion, it was felt that Windsor was an appropriate street for ruck routes and the Commission recommended to the Council that Windsor be included in the truck route. FISCAL SUMMARYt There would be no cost to t'ge City. ACTION REQUIREDs Leave ordinance as it now is or direct the Attorney to draw up an amendment. ALTERNATIVES: Council can either leave Windsor Drive on the system or take it off. If it is taken off, the City Attorney should be instructed to draw up an amendment to the ordinance. STAFF RECOMMENDATION: Staff recommends leaving the ordinance as it now is. EXHIBITS: 1. Memo to G. Chris Hartung II. ordinance III. Map r Rick' SvE+hla CITY OF DENTON MEMORANDUM T03 G. Chris Hartung FROMt Rick Svehla DATM February 22, 1983 SUBJECT: Truck Route Ordinance Attached is a map of the truck routes that were approved by the Council at their February 15, 1983 meeting. some question has been raised about Windsor Drive being included on the truck route system. The staff formulated the original draft of the truck route system u.~ing the Land Use Planning Guide and its thoroughfare plan. All of the truck routes are primary or secondary arterials off of that plan. These were chosen because they are the main arteries of the city, they are generally built stronger to carry heavier traffic, and in most cases they are wider sr.:reets which allows for more maneuverability for trucks. This ordinance was then taken to the Tr+iffic Safety Commission where it was reviewed at several meetings and discussed at length. The Traffic Commission did have questions about using some of the routes. Windsor was one of them. After a lengthy discused on, it was felt that Windsor was an appropriate street for truck routes and the Commission recommended to the Council that Windsor be included in the truck route. Like the 't'raffic Safety Support Commission, the staff did and still does have some reservations about Windsor Drive being a truck route. The main objection to consider is that there are several residential areas along Windsor as well as two schools that trucks would be passing if this is a truck route. However, there are several advantages to also consider in designating Windsor as a truck route. With the exception of the section from Sherman to Glenwood, Sherman is built as a wider street and consequently built as a heavier type construction pavement. This would carry heavier traffic in a more appropriate manner and mean less maintenance and upkeep to the City. At each school, the street is wide and at Woodrow Wilson there is a school crossing guard during the morning and afternoon rush hour periods. Finally, if Windsor is not designated as a truck route, any street from University north Page 2 Truck Route ordinance could be used as a truck route, since none of the streets in this area would be designated as a truck route. That is, the y ordinance reads now, a truck would use either Uwaniverstheity [give, Sherman Drive or Locust to get fairly close to its designation and then it would use any street including Windsor to get to itv final designations whether it passed a school or not. Staff will be availabuQataionseyouroyr thelCounciltimaythavescuYf this issue and any g lease call. we can be of assistance before the meeting, p c ve Assistant City Manager .......I AN ORDINANCE AMENDING SECTION 24-6< OF C)IAW."ER 24 U1' TiM CUDL OF OBUINANCES OF WE CITY OF DENTOo, TEXASI EbTALI.IBHINK; DE81GNATEV TINUCK ROUTES AND REGULATIONS FUR UUPARIURI; TLIL•'REFPU.MI PROVIUI(,G FOR L XCEPTIONSI PRUVIUI6G. FOh A 1-4AXIOM PENALTY OF 1410 HUNURLD DOLLARS FOR VIOLATION THEREOPi PROVIDING FOR A SF.VERADILITY CI,AUSFI AND DECLARING AN EFFECTIVE UATL. e THL COUtxn of THE CITY Oi' Di; I'IUN, TEXAS, HELBBY I)RUAINSI S1;CTIUI9 I . That Section 24-67 of Chapter 24 "TCatEic" of the Codo of Ordinanci.s of the City of Denton in hereoy amoncc(C to read as followst SECTION 14-674 REGULATION OF VEHICLE6 ti IOAING OVER 12,000 POUNDS. (a) UofiniLiunS The following words and phrases, when usou in tlis Section shall mean as follows: 1. "Vehicle" means every mechanical device, in, upon or by which any person or proprrty may be trares- ported or drawn upon a public highway or Street, including motor vhielas, true;;-tractors, roau- tractors, tr2!.let 3, somi-trailers, and commercial motor vehicles as those terms are defined by state law regulating registration of vehicles (Vernon's Texas Civil Statutes, Article 6675a-1). 2. "Truck" is any vehicle whose groas 6ouy k1eight or whose combined gross body and luau weight oxecedr twelve thousand (12,000) pounds, 3. "Gross Body Weight" meads the actual weight of the vehicle as regdstered by the guvarnmental authority which leas licersec the vehicle for operation. 4. "Truck Aoute" is a way over cortain streeta, as designated herein, over ane along which trucks coming into, traveling in anu yoinq cut of the City must operate. (b) Ai)pllcation of kuyulatiuns it shall be unlawful for any person to operate or park a truck over, on, along or upon any r;ity struut which is not a designated truck route except in accoiciance with and for the purp.)sor, expressly allowed by this Scctiun. (c) Excol~Cions to negulations This ordinance shall out ErohiBltr 1. Origin or Uestination. Thu opt•rator of o truck from doFartinq from a d,+rignatou Lruc:k route for the },urpono of: PAGr: 1 (a) leaving or reaching a truck; to rminaIi (b) loading or unloading cargo) (c) repair or modification 0i 3uch truck, or (d) reaching or leaving any place where suah truck is used or to be c•sed for the purpose for which it was oesignedl provided, however, that in departing from a designated truoK route the operator of said truck stall use the shortest practical route, which 13 consistent with the reasonable operation of the vehicle, botwoer. the truck route and the point of origin or destination. 2. Emergency Vehicles. The operation of emergency vehir.les upon any street in the City. 3. Otilitiesl Sanitation. The operation of utility or sanitation trucks while ongagod In the purpose or business for which the truck is used or designee, Detoured Trucks. Tho operation of trucks upon any officially establiened detour in any case where such truck would lawfully be operated upon the street for which such detour is establishes, 5. Moving Buildings, The operation of trucks used in moping structures or a building where such moving is done pursuant to permit. (d) Mu tiole Destination Points + All trucks entering the City and operating therein whic:^. have multiple destination points shall, after Leaving the first destination point, proceed to other destination points by the shortest route using streets upon which such truck is permitted. (e) Truck Routes Designated The following truck routes, to be used in accordance wit:r. the provisions of this Section are hereby establisheds 1. Airport Road from Interstate 35E and interalate 35W to Nunir,ipal Airport 2. Bell Avenue from Dallas Drive to Mingo Road 3. Bell Avenue from Windsor Drive to Sherman Drive 4. Bonnio Brae from U. S. Highway 77 to Santa Fe kailroad Crossing 5. Carroll boulevard from Sherman Drive to Fnrt north Drive 6. Dallas Drive from Eagle to Interstate 35C 7. Eagle urive from Interstate 35E to Dallas Drive PAC3C 2 8, Fort Worth Drivf, from Eagle to South City Limit$ Line 9, interstate 35E frorn South City Limlta Lino to Junction of Interstate 35E and Interstate 3519 10. Interstate 35 from North City Limits Line to Junction of Interstate 35E and Inte state 3559 11. Interstate 35W from South City Limits Line to Junc~ion of interstate 35E and Interstate SSW 12. Locust Street from Eagle North to North City Limits Line 13, Loop 288 from University Drive to Intarstato 35E 14. McKinney street from Carroll Street to East City Limits Line 15, Shady Oaks from Willow Springs to Woodrow Lane 16. Sherman Drive from Carroll East and North to North City Limits Line 11, Teasley Lane from Dallas Drive to South City Limits Line 18. University Drive f,!om West City Limits Line to East City Limits Li'ie 19. U. S. Highway No, 77 from Interstate Highway 35 to Eagle 20. U. S. Highway 377 from South City Limits Line to University Drive 21, Willow Springs Road from Dallas Drive to Shady Oaks 22, Windsor Drive from Bonnie Brao to East End near Old Orchard Lane 23. Woodrow Lane from East McKinney to Shady Oaks (f) S--igns The City may cause to be posted appropriate signs and markings on designated truck routes. SECTION II, Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the requirements thereof, shall be guilty of a misdomeanor punishable by a fine not exceeding Two Hundred Dollars ($200.00). Each euch person shall be deemed guilty of a separate offense for each and every day or portion thereof durir+g which any violation of this ordinance is committed, or continued, and upon conviction of any such violations such person shall be punished within the limits aaovo. 8ECmt.?N III. That it any section, eubsectLon, paragraph, sentence, clause, phrase or wood in this ordinance, or application thorsof to any person or circumstance is held invalid by any court of competent jurisdiction, sunk ho.ding shall not affect the validity of the remaining purtions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity, SECTION IV. That this ordinancA shall become effective fourteen (14) days from the date of its passage, Lind the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Rocord-Chruniele, the official newspaper of the City of Denton, Texas, within ten (10) days of thy date of its passage, PASSI'0 AND APPROVCD this the day of C11,y 0 DENTON, TEXAS ATTEST i II~L TL• LLt,N, ( iY SECRETAI(Y CITY OF DENTON, TEXAS APPROVED AS TO LCGAL FOMi C. J. 'iAYLORr JR., CITY ATTORNEY CITY OF 4MITON, TEXAS DYI r _ + PACE 4 1 1 ~I ~ I r1 X/ 1 ~r ♦M r ~ 1 r.'•M•~ 1 .1.1r+ 1 y 1 r~."~ 1I, r Y 1 ~ ~ Y ~ I` ~..~r.....+w ~ ~ wow 4 1. 1 \ Y • P1 1 \ O M 1} -j\IkARROLL. n L4ou i BELL AVE. 11J~~ Uw • r.rl Y asp •Y~NI ' - ~I bfe~~ + OOOn Y 1 1\ 1 1 1+1 4 M YhoC 6Q • y+ 1 1 `t 4,~ C Marcie 1, 1983 CITY CUUNCiL AGL NuA I'1'1 i S U IS J E Considc-r Ghango Urder wish Freese & Nichols, Inc., for Engineering for Hickory Greek Lift Station, EPA Project G-48-1188-13. SU1MMAKY this (~ost or Price Summary (Dorm 570041.) for Step III Project C-48-1188-13 consists or cosL incurred by Freese & Nichols, inc., GonsulLing Engineers, in the evaluation of the advantages vs disadvantages of specifying a variable frequency drive vs a unagneti~, coupling drive. Whva the Hickory Greek Wit Station was under design, the original drive specified was a magnetic coupling drive. At that time, Freese & Nichols, Inc., was requested to evaluate the advantages and efficiency of a variable frequency drive, 't'his engineering comparison was a study which was completed and submitted Lo the City on Maech 20, 1982, It was determined by Freese & Nichols that the variable frequency drive had an efficiency of 7a°/a at 80`/o full speed, vs the magnetic coupling drive with an efficiency of 65% at 80`6 full speed. This increase in efficiency of the variable frequency drive could save approximately $17,660 per year in electricity costs; consequently, Freese & Nichols was directed to incorporate this tyNe of drive into the Hickory Creek Lift Station plans and specifications. FISCAL SUPMAKY: Present Requested Authorization Authorization Baslc Engr. Costs $31,498 $37,072 Project- Inspection 132,71:1 132,713 Construction Surveying 7,000 7,000 Plan of operations 260 260 O&M Manual 21541. 21541 Startup & Operator '.Graining 823 823 't'otal $174,785 $180,409 Source of Funds: Bond funds and possibly 75% by the Environmental. Protection Agency. 1781U/3 tried to find a i AC'T'ION KEQUIREU; Approveal or disapproval by City Council of subJect change order, RE GOWli-, NDA'T' 1 ON The Public Utilities Board, at their meeting of February 1:3, 1983, recommended to the City Council Opprovol 01 this revised basic ongineeving cost in the amount of $5,624. Minutes of this meeting will be distributed prior to the City Council meeting, Respectful.l , lt,E. Nelson Director of Utilities EXHIBI'T' I Freese b Nichols, Inc„ Letter of 1/19/83 ii EPA Grant form 5700-41 II 1781U/4 EXHIBIT I SIMON W. PA996C P,I. JAM$$ P, NICHOL6, P,I, R00KRT L. HICHOL6, P,K, LKK 9, PR%K814 PX y v jI R09 RT r, 0000H, P.K. F R F E S F A 11 D I 10 0 0 L S I 1 C RJ09 PL OAKAT HOMPSON 106 P.L . C 0 N 6 U L T I N 0 E N 0 1 N ' R 5 001 J0K C, 0. MA ALLK P.. N. P, I. W. KRN"T OLEMINr, P,K. KLYIN 0. COPKLANC, PEE. JOHN H. COOAI P.K. T. ANTHONY p, P,K. GARY N. RKKVKB, PX January 19, 1983 Mr. Robert E. Nelson, P,E, Director of Utilities City of Denton Municipal Building Denton, Texas 76201 • Re; Cost or Price Summary (Form 6700-41) for ":op 3 Project C-48-1188-13 . Dear Bob; Attached Is EPA Form 6700-41 showing detailed engineering costs for changes to the Step 3 Construction Phase of the new lift station. This increase has resulted from a request by the City for Freese and Nichols to undertake a study to evaluate the energy efficiency of available drives for the lift station pumping units. This study was completed and submitted to the City on March 26, 1982. Engineering costs for these services is $6,624, Basic Engineering Costs have been increased from $31,448 to $37,072. The revised costs for Step 3, Interceptor Sewer Project from the Co-Ed Lift Station, through and including the new Lift Station, to the junction with the existing State School Outfall will be as follows; Basic Engineering Costs $37,072 Project Inspection 132,713 Construction Surveying 7,000 Plan of Operation 260 O & M Manual 2,641 Start-up and Operator Training 823 Total (Line 12) $1800409 TELEP14ONE 9 1 7 336.7161 81 1 1. A M A R 9 7 A C C T FORT WORTH, TEXAS 70 102 Robert E, Nelson January 10, 1083 Page Two If this meets with your ap roval, we would suggest that you execute two copies in the space provided below, and also on the attached EPA Form $700-41, Item 14 "Grantee Reviewer." This letter can then serve to establish the engineering compensation for Step 3 services under Item 2,b of Amendment No. 3 to the Contract for Engineering gervices. Respectfully yours, FREESE AND NICHOLS, INC. Robert L. Nichols, P,E. Executive Vice President RLN;mg Enclosure . ACCEPTED BY; CITY OF DENTON, TEXAS By Robert E. Nelson Director of Utilities COST OR PRIG SUMMARY FORMAT aOR SUBAGR8BM8NTS UNDER U,S, EPA GRANTS Form Approved t (See accompanying lnstruotions belord completing (his form) 0,419 No, 158-RO144 PART I.09NKRAt. 1. ORAN1'aR 2, ORAHT HUMBRH At Denton - J~. 3• R P ONTR R OR SVBC N fl OR , A ROM RO OSAL iso 198 J n a AOURRSO OR CONTRACTOR OR $UO-CONTRACTOR Unilw es x114 oede) S• TYPE OF WtvICR OOE MURMISH 0 811 Lamar Street Study of Variable Speod Fart Worth, Texas 76102 Drive Mechanism for Lift (317) 336»7161 Station in the Hickory i Creek Sewer System I PART II. OS SUMMARY ESTt+ HOURLY RSTIMAYtO i T, DIRRCT LANOR ($pooll/ I*Wt aaiotloo) MATED pATIC COST TOTALS $ $ ~ tr?T1, _ I a, t + , tr En ne r 92 16,66 1$533 'u, r StIoWctur,j Engineer 16 iP.ni 31 tiZr; Graftin S 8.31 1 268 Clerical 7.47 6z DIRECT LABOR TOTAL! INOIRHCT COSTS (Spoolf7 lndlrocl pool peolo) RATE r BASH a RSTIMATHO I, = r. ,a~ }^v COST .+y1~'~y`~t•*i Direct S 2,226 S 845 Cignaral and Administrative 2,226 1,736 INDIRECT COSTS TOTALI S 0 HER DIRECT COSTS AVf[L ESTIMATED .atr~rY+pit COST ~~!•;la"~,1 xL Rr S(~ W I TpAN7pOpTATIOM }ryR~,{ • }ft (2) PCM DIEM S V'~'•`1.' -V+ ~',J ~1' TRAVEL SUSTOTALI S i• ~1ti.. " + t l i ~kY}j{ . r,1` i b. CQUIPMEHT, MATERIALS, SUPPLIES (Spoclfy crle0aloo) QTY COST ESTIMATEf1 COSY , .+~'.•,L~L ,~'r , . s + ,k hell $ l.t+'+ EQUIPMENT SUBTOTALI 1 J ) tip: ESTIMATED k4~d^~f:~,f'Y4 r{± 0. SUICONTRACTS : - SUBCONTRACTS SUBTOTALI ~~;'745V' "777-7717 "17.777 S 1I~ 1Sj~*j CL OTHER (Specify cstr,lerloo) ESTIMATED cosy r.s,; u•uyr. ~,;;,I I OTHER SUflTOTALI E'i:37t., :',t7+„ ie S °5+; T it e. OTHER DIRECT COSTS TOTALt t.7 Io. L r,STIMATED cosy $ 807 I 1S. PIT S 817 it. TOTAL PRICE 3 b,624 PA Pam 510041 (2.76) PALE I OF S PART III PRICE ~5MMM 15. COMPkTrrows CATALOG LISTINQS, IN-HOUSE 95TIMATI1$, PRIOR QUOTK$ 14ARXRY PA0P03a 5 (160441fb 46616 lotpr(ob 090pw1004) PRICK{9l PRICR ~ y. ~1'1yt 644 t ~ . ~'.,.'~4'~.R•.1. 'r nla, uh'r,'.°. 1•.•'.I, ~',::aa~af.N9l.:.i,.14~a'I~'141vY'~~',11;~a.•i1@'4 V+,1 •a. .~'n.~4 'III •i PART IV.CERTIFICATION$ 1+, CONTRACTOR 146, HAS A FBOERAI. AOENCY OR A FBOERALLY CZATIFIRO STATE OR LOCAL. AOENCY PERFORMEO ANY kEVIEW OP YOUR ACCOUHYS OR RECORDS IN CON HECTIOH WITH ANY OTHER FEDERAL. GRANT OR CONTRACT WITHIN THE PAST TWt'L.VIt M.0NTH3t i ❑ YES [ ] No(tt "Yob" $00 nartb oddnob and lofaphbno naabw of rorfanlnd offlab) ' . 1 l4IP'.rHIS73UMMARY CONFORMS WITH THE FOLLOWING COST PRINCIPLES I Costs will be in accord with 41 CFR 1-15.4 Ws proposal la submitted for use in connection with and in response to (1). ReoueSt for. infor- 'Phis is to certify to the best of my knowledi and belie that the cost an pricing data summarized herein are complete, c+Lrrent, and accurate as of (3) 1-15-83 , , end that a financial management capability exists to fully and accu- ratelyaccount forthe financial Iransactlons under this project. 1 further certify that I understand that the subagreement price may be subject to downward renegotiation and/or recoupmant ahnre the above cost and priclnq data have been determined, as a result of audit, not to have been complete, current and accurate as of the date Q}u)ve. OA TK OM ItXECUTION SIONAYURK Or PROPOSKR i i • CYarllt'itra Uir4..4rgs4 dent TITLE Op PROPOSKR ta. ORANYt(ffi`REVIEWER I certify that f have reviewed the cost/price summary set forth herein and the proposed costs/price appear acceptable for subRgreement award, OATK OV KXKCU'rION SIONATUAC OP NBVIKWKR TIYLL OF RKVIICWSR i 16. EPA nEVIEWIM (ll apptleablo) I OATK OM KXKCUrioN SIONATURK OF RKVIKYrKR TITLK OM RKVIEWHR i A Perm 5700.41 (2.761 a+os 2 OF s March 1, 1983 CITY COUNCIL AGENDA ITEM SUBJNGT; Uption Agreement to Sell Diesel (ingines. SUMMARY The City has received an Option Agreement from P&B Contractors, Inc., of Goodland, Kansas, to purchase the five (5) diesel engines, This Agreement would g,ve P&B Contractors, Inc., exclusive right to purchase any or all of the five engines for a specified price for the next six (6) months, Their oiler is $70,000 each for the two Fairbanks Morse engines, $50,000 each for two of the Nordberg engines and $60,000 for the other Nordberg engine. As an incentive to purchase all Live engines, the City would include the bridge crane. Subject to inspection, the City has also received an otter from Int:ernacional Power Machinery Company of Cleveland, Ohio, to purchase the two Fairbanks Norse engines Ivor $UO,UOU each, However, no offer is made on the other 3 engines. The City has checked t-4ith two heavy equipment rigging companies regarding the cost to remove these engines and, place on a nearby railcar. The estimates were $5 ,000 to bO,O00 per engine or $4(10)000 to $5000000 total. FISCAL SUMMAKYo i'&B Contractor Inc., Uption $300,000 (it all 5 engines purchased) Intl. Power Machinery Co, $120,000 (for 2 engines, subject to inspection) Cost to remove it engines are not sold $400,000 ACTIUN KEQUIRLD; Approval or disapproval by the City Council Lor acceptance or rejeCLion of either/or P&B Contractors lnc. Uption Agreement, or International Power Machinery company offer. 1781U/ ii RECOMMENDATWN; The Public Utilities Board, at their meeting of February 23, 1983, recommended to the City Council acceptance of PSL Contractors, Inc., six month option to purchase the five engglnes for a total of $300,000, Minutes of this meeting; wi11 be distribuLQd prior to the City Couc,cil meeting. Respectfully, C~ R,L. Nelson Director of Utilities EXHIBI'T' 1 Option Agreement- P&B Contractors Inc, II letter to L,Tullos 2/10/83 P&B Contractors Inc. III Letter to Purchasing 2/15/83 Int'I.PWr Mao finery Co. 1781U/12 f•~ 330 WEST 17TH STREET SIT POST OFFICE BOX 30, TELEPHONE' (9131 8999.3671 (3000LANO, KANSAS 877380030 -4ONTRACT00 A 0 R E E M E N T (OPTION TO PURCHASE PERSONAL PROPERTY) AGREEMENT, made and entered into this day of , 1983, by and between the CITY OF DENTON, TEXAS, hereinafter referred to as the "City" and P AND B CONTRACTORS) INC., a Kansas Corporation, here- inafter referred to as the "Contractor", witnesseth: WHEREAS, the City owns and operates a municipal §lectrical gen- eration system, and WHEREAS, the City has determined that five engine-generators Are not necessary to said generation system and ought to be sold, and WHEREAS, the Contractor desires the opportunity to purchase one or more of said engine-generators, now therefore; In consideration of the sum of Five Thousand acid 00/100 Dollars ($5,000.00) cash in hand paid, receipt of which is hereby acknowledged, • I/we hereby bargain, sell, grant, and give unto P AND B CONTRACTORS, INC. of Goodland, Kansas, all heirs, assigns, or representatives, the EXCLUSIVE option and right to purchase, for a period of six (6) calen- dar months from the date hereof, upon the terms and conditions set out hereinbelow, the following-described personal property located in the City of Denton, Denton County, State of Texas, to-wit: 1--Fairbanks-Morse Model 31AD18 engi.ie, serial number 955148 and its attached generator, serial number 5917649. A purchase price of Seventy Thousand and 00/100 Dollars ($70,000.00) has been established for this combined unit, as is, where is. 1-Fairbanks-Morse Model 31AD18 engine, seri:±_l nw ber 967806, and its attached generator, serial number 599467. A purchase price of Seventy Thousand and 00/100 Dollars ($70,000.00) has been established for this combined unit, as is, where is. 1--Nordberg Model TSG engine, serial number 2012-0014A and its M attached generator, serial number 1458. A purchase price of Fifty Thousand and 00/100 Dollars ($50,000.00) has been established for this combined unit, as is, where is. 1--Nordberg Model TSG engine, serial number 2012-0014B and its attached generator, serial number 1457. A purchase price of Y. rag 71 L ENGINE SALES AND INSTALLATION POWeN PLANT EQUIPMENT tY FIFLO SERVICE TECHNICIANS 330 WIST 17TH 6MUT P0s'r oprica sox 3o J + " TELEPHONE (913) 899.3671 IP&B OOOCtAND, KANSAS 677380030 COMTOR page 2--Renton, Texas Fifty Thousaud and 00/100 Dollars ($50,000,00) has been established for this combined unit, as is, where is, " 1--Nordberg engine, serial number 20111-0491 and its attached generator, serial number 152642, A purchase price of Sixty Thousand and 00/100 Dollars ($60,000,00) has been established for this unit, as is, where is. The purchase shall include all valves, accessories, piping, fittings, special tools, spare parrs, operating manuals, parts books, blueprints, schematic drawings, diagrams, gauges, gauge boards and switch gear, or any items, wherever stored or housed, now owned or controlled by the City of Denton, Texas, whether+specifically called out or named or not, pertaining to the above angina-generators and/or necessary to maintain them as individual operable units. Excepting thati (a) when Any system is shared in common by more than one (1) generating unit; specifically, but not limited to the starting air system; the common equipment or accessories shall be divided as equaV.y as possible among the shared engine-generators; (b) That if a purchase agreementafor any angine-generator is entered into under the terms of this option, an amount equal to one-fifth ;(1/5) of the option amount shall be subtracted from the purchase price of each engine purchased. (c) That if the Contractor shall exercise his right of purchase of all five before-described engine-generatorsA, the bridge trans presently installed in the building housing these units shall be included in the sale as an accessory item. It being specifically understood that if the Contractor shall exercise h!s right of purchase for fewer than the described five engines, no part or portion of the bridge crane shall be included in the purchase, excepting that any portion of electrical gear shared in common by i the bridge crane and the engine-generators purchased shall be considered as part of the engine-generators. The purchase of less than five angina-generator units shall not preclude the right of the City and the Contractor to negotiate the sale of said bridge crane under a separate agreement, L • _ i ..16.I L:..17 'JL NOINE SALUS ANO INSTALLATION POWER PLANT EQUIPMENT MILO SERVICE TECHNICIANS ` 330 y4ST 17TH MaT ~I-- POST OFFIC8 Box 30 TBLIPHON8 19131 899.3671 GOOMAND, KANSAS 87738.0030 CQf~TRAC OAS page 3--Denton, Texas All engines shall be sold at the purchaser's risk on an as is, where is basis, The City makes no warranty or guarantee, expressed or implied, on any.of the above-described engina-genorators , All payments between the Contractor and the City of Denton shall be made in lawful and legal tender of the United States of America, Twenty percent (20%) of the purchase price of any engine-generator purchased under the terms of this agreement shall become due and payable when removal operations begin, The balance of the purchase price shall became due and payable before the engine-generator is removed from the premises of the Denton Power Plant, This option may be exercised only by the Contractor by full performanca of each and all of the following: (1) The Contractor shall. notify the City that the Contractor is ready, willing and able to commence removal operations. (2) The Contractor shall deliver to the City an amount equal to twenty percent (20%) of the purchase price of the • engine-generator in cash or certified funds. (3) The Contractor shall execute and deliver his promissory not6 in an amount oqual to the balance of the agreed purchase price, payable on demand without interest. (4) The Contractor shall deliver insurance certificates covering the performance of the work of removal of said engine- generator in .,in amount of One Hundred Thousand Dollars ($100,000.00) Should the Contractor fail to exercise his right of purchase under tho terms of this option, agreement, the City may, sr its discretion, offer the Contractor the opportunity to renew the option upon mutually agreeable terms. Recognizing the City's right to accept or decline a renewal of this option, both the City and the Contractor mutually agree that P and B Contractors, Inc. shall be gue.ranteed the right of first refusal to meet and match any option or purchase agree- mant offered to any other party or parties for a period of six (6) calendar months past the expiration date of this option agreement. H '1 nG J 'J'JU ENOINE SALES AND INSTALLATION POWER PLANT EQUIPMENT ` FIELD SERVICE TECHNICIANS t - 330 WEST 17TH STREET ~-I~- POST OFFICE BOX 30 T ^ TELEPHONE (913) 8993671 P &B ° Y«rj p~ QOOOLANO, KANSAS 87736.0030 page 4-»-Aenton, Texas . This agreement stall inure to and be binding upon the parties - hereto, their respett,i.ve heira, executors, administrators, successora, and assigns, WITNESS the hands and seals of the City and the Contractor this day of , 1983. P AND S CONTRACTORS, INC,,~ CITY OF DENTON, TMAS Bob D. Pinkham - ATTEST= 'l'itla or position of signer) ATTEST; (SEAL) (sraz,> r Y♦ ..11 RE ENDINE SALES AND INSTALLATION POWER PLANT EQUIPMENT FIELD SERVICE TECHNICIANS P&B 330 VVRS7 17TH STAHFiT « c- POST Of+PICi? SOX 90 %PAW TEUPHO.VB 1813} 8993671 GOADLAND, KANSAS 67735-M February 10, 2,983 Mr. Ernie Tullos Denton Municipal Utilities 215 East McKinney Denton, 'texas 76201 Dear Mr. Tullos: Please accept my apologies for taking longer than anticipated getting these option papers to you. Our trip through Texas took longer than we thought it would, then on our way home we were snow- bound for several days by the winter storm, Consequently, everything is going slower than intended. Enclosed are two copies of the propo~jed option agreement. If it meets your approval and that of your attorney, pleaso return one signed copy to us and keep the other for your filos. If there are any questions, please don't hesitate to call, I want to thank you for your courtesy and hospitality while we were to Denton, I enjoyed our visit and look forward to visiting with you again. Sincerely, P 0M B CONTRACTORS, INC. Bbb cD.6 Pinkham ENOINE SALES AND INSTALLATION POWER PLANT EaUIPMENT FIELD SERVICE TECHNICIANS ± l INTIANM'IONAi, RQWKR MACiHINKNY OOMPANY H4 TtNMINAL VOWIN , OkSMANO, OHIO 4111a p 17 1}ebruary 10, 1983 City of Donton 213 ,fast MaXinney street Denton, Texas 76201 Attentions Mre John Marshall, Purchasing Agent War Mx 4, Mar shall i i We have been advised that your City is now accepting bide; for the give engine generator units located in your Munioi.pal Bower Plant, Wei have a oliant who hoe authorized us to offer subjeot inspection and immdiato acceptance 360,0006 each as is where is for your rairbanks Morse engine generator units No. 995148 and No, 967806• Please advise by return mail whether these offars aru accepted . and grant us a 30 day option to allow time for this customer to mako inspaoticn and render dooisio;aa may we hear from you regarding this by return mail. Thank you. Very truly yours, IMBRNAT1Ornw POWER MAOUVERY COMPANY A. L• Kern Vice President ALX/dk tiJ cat Mr. Robert E. Nelson, Director of Utilities March 1983 k CITY COUNCIL A([ENUA ITEM SUBMGT: Consider Engineering Services Contract with Freese and Nichols, Inc., for the Lvaluat'ion of Location and Preparation of Plans, Specif'icalions and Bidding Documents for a Back-up High Service Pumping Unit and Associated Piping at Water Treatment Plant. SUMMAKY During drought periods the maximum pumping capability of the Water Treatment Plant over a 24 hour period is 18 million gallons per day. In the event that one of the large pumps (9 million gallons per day) was to fail, the Water 'T'reatment Plant would not be able to provide drought condition pumping capabilities to the City. It is critical that a high service j}}p~ump of 9 million gallons per day be installed in the event of .his possibility of other pump failure. This pump would be specified to have a high efficiency motor which will save electric costs. $150,000 had been budgeted in the 1983 Capital improvement budget Lor this pump. The Scope oL Work which Freese and Nichols, Inc., Consulting Engineers, would perform would be as follows. I 1. Review existing high service pump -apabilities and pressure heads to determine proper pumping conditions for a new pumping unit to serve as "back-up" for the largest unit presently in use. 2. Perform cost effective analysis of installing the new pumping unit inside the present pump room, in place of the existing smallest unit, versus locating the unit outside in proximity to the ground storage tanks. 3. Prepare an analysis of the hydraulics of the present high service pump piping within the plant site for both pump locations, and determine Improvements needed, if any. 4. Analyze metering facilities and determine additions needed, if any, for a pump located at either of the two alternate locations. 5. Review alternatives and findings in detail with City staff and give consideration to their input. b. Submit a letter report, with drawings outlining the results of the analysis, cost estimates and recommendations. 1781U/5 7. Upon receipt of approval of City, proceed with detailed Plans and Specifications for burnishing and installing the pump, necessary connecting piping, meters, controls, and electrical. 8. Assist as needed in receiving bids, evaluate the bids received, and make recommendations for the award of the contract. r 9. Adm iiistrate the !I.onsLruction of the work, including reviewing shop drawings, periodic inspections of the work by ollice design staff, preparation of periodical pay estimates, and other general supervision. Work will be performed on a cost times multiplier basis. The study can be coiiipletea and a letter report delivered within forty-five (45) days, and plans and specifications can be completed within ninety (90) days following report approval and authorization. FISCAL SUMMAVY; Estimated Cost Not To Exceed $22,400 Source of funds: budgeted Funds 1982/83 budget Acct:. #620-008-0450-8502 1982-83 budget Proposed Regnest, Current Funding Detailed Listing of Obligations Vs, budget $90M O Current budgeted Amount As Of 12-31-82 88,6bU Future Water Plant Location (Freese and Nichols) 1:10,000) Long Kange Water Su (Freese and Nichols (11,757) Water r'lows In Distribution System (Mogan and Rasor) (5)000) Water Distribution Mapping for various alternative water segments (Hogan and kasor) (500) 11 h Service Pump Addition ('r is agenda item) (2'2, 400) Unobligated budget balance $19,003 1781U/6 ACTION REQUIRED: Approval or disapproval by the City Council of subject Engineering Agreement Contract with Freese and Nichols, Inc,, for engineering services. ALTERNATIVES: 1. Approve contract. 2. Consider other engineering firm. 3, Do not conduct study and engineering design at this time. RE COMME NDAT ION : The Public Utilities board, at their meeting of February 13, 1983, recommended to the City Council entering it. to an Engineering Contract with Freese & Nichols, Inc,, for evaluation of high service pump location and preparation of plans, specifications and bid documents, Minutes of this meeting will be distributed prior to the City Council meeting. Respectfully, 1Ile, K. E, Nelson Director of Utilities EXHIBIT i Letter Proposal From Freese and Nichols, Inc., Subject: High Service Pump Proposal II Proposed Engineering Agreement Contract with Freese & Nichols, Inc. III 1932-83 Budget (Sheets 518) 52, 52A) IV Detail Lis0 ng of Ubligation Vs. Budget As Uf 12-31-82 (Page 1.79) 1781U/7 , M I M SIMON W. PR1111, P.C. JAM90 R. NICHOLO. P.C ROOM 4. NICHOLS. P.E. LC1 A. PRIEOE, P.C ROMCRT O. OOOCH, P.1. E 0~y p JOC PAUL JONCO, A.E. F a E S 8 A N D Y I C 10 L S, Il L. ROOIRT A. THOMPSON UI, P'. L C 0 N$ U l T 1 N 0 E N 0 1 N E E R S JO1 W MAPCO, PL 0011 0. ALL~N, P.L W. SANEST LIMCNT, P.W. 116VIN 0. COPELANO. P,E. February 10, 1983 JOHN H. COOK L ANTHONY R910. , P.C. GARY N. REEVCO, AL Mr, Ro ert E, Nelson, P,E, Direct r of Utilities City of Denton Municipal Building Denton, Texas 76201 Re: Denton, Texas High Service Pump Proposal Dear Bob: We are pleased to present this proposal for engineering services relat• ing to the addition of a backup high service pumping unit and associated piping. Scope of Work 1. Review existing high service pump capacities and heads to determine proper pumping conditions for a new pumping unit to serve as "back-up'for the largest unit presently in use, 2. Perform cost effective analysis of installing the new pumping unit inside the present pump room, in place of the existing smallest unit, versus locating the unit outside in proximity to the ground storage tanks. 3. Prepare an analysis of the hydraulics of the present high service pump piping within the plant site for both pump lo- cations, and determine improvements needed, if any, 4. Analyze metering facilities and determine additions needed, if any, for a pump located at either of the two alternate loca- tions, 5. Review alternatives and findings in detail with City staff and give consideration to their input, 6. Submit a letter report, with drawings outlining the results of the analysis, cost estimates and recommendations. 7. Upon receipt of approval of City, proceed with detailed Plans and Specifications for furnishing and installing the pump, necessary connecting piping, meters, controls, and electrical. TELEPHONE 817 338 7181 811 LAMAR STREET FORT WORTH. TEAS 76102 1 ~ Letter to Robert E, Nelson, P,E, February 10, 1983 Page Two 8, Assist as needed in receiving bids, evaluate the bids received, and make recommendations for the award of the contract, 9. Administrate the construction of the work, including reviewing shop drawings, periodic inspections of the work by office design staff, preparation of periodical pay estimates, and other general supervision, Work will be performed on a cost times multiplier basis, not to exceed $22,400. Costs for resident inspection and for witnessing factory pump tests are not included in this total, but these services will be provided if City desires. The study can be completed and a letter report delivered within forty-five (45) days, and plans and specifications can be completed within ninety (90) days following report approval and authorization. Very truly yours, FREESE AND NICHOLS, INC, SV m~ Robert L. Nichols, P,E, RLN/,id , CONTRACT FOR ENGINEERING SERVICES STATE OF TEXAS ) COUNTY OF DENTON } THIS CONTRACT entered into this Day of February, 1983, by and between the City of Denton, Texas, hereinafter called the owner, acting by sand through Richard 0. Stewart, its Mayor, dul;1 authorized to act, and Freese and Nichols, Iuc., Consulting Engineers, Fort Worth, Texas, hereinafter called the Engineer. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: 1. m to ment_of Engineer: The Owner hereby employs the Engineer an the Engineer agrees to perform all necessary professional services as herein set forth in connection with the engineering services relating to the addition of a back-up high service pumping unit and associated piping at the City's Water Treatment Plant. . II. Character and Extent of Seryicesi The Engineer shall perform professional engineering services comprising the location and economics of installing a high service pumping unit at the Water 'T'roatment Plant. This pumping unit will serve as a back-up capability during drought and maintenance periods when other existing pumps are affected. III. Scope of Services: The scope of work shall include the ollowing: A. Review existing high service pump capabilities and treads to determine proper pumping conditions for a new pumping unit to serv,: as "back-up" for the largest unit presently in use. B. Perform cost effective analysis of installing the new pumping unit inside the present pump room, in place of the existing smallest unit, versus locating the unit outside in proximity to the ground storage tanks. C. Prepare an analysis of the hydraulics of the present high service pump piping within the plant site for both pump locations, and determine improvements needed, if any, 1739U/1 .2- D. Analyze metering facilities and determine additions needed, if any, for, a pump located at either of the two alternate locations. E. Review alternatives and findings in detail with City staff and give consideration to their input. F. Submit a letter report, with drawings outlining the results of the analysis, cost estimates and recommendations. G. Upon receipt of approval of City, proceed with detailed Plans and Specifications for furnishing and installing the pump, necessary connecting piping, meters, controls, and electrical. H. Assist as needed in receiving bids, evaluate the 'bids received, and make recommendations for the award of the contract. 1. Administrate the constriction of the work, including revidwing shop drawings, periodic inspections of the work by office design staff, preparation of periodical pay estimates, and other general supervision. . Work will be performed on a cost ti.,as multiplier basis, not to exceed $22,400. The study can be completed and a letter report delivered within forty-five (45) days, and plans and specifications can be completed within ninety (90) days following report approval and authorization. IV. Time of Completion; The analysis of location of pump unit and hydraulic -invoive'3 will be submitted in forty five (45) Jays with plans and specification to follow ninety (90) days after analysis is approved by City. V. Fee: A. The Owner agrees to pay the Engineer for all services rendered under this contract in accordance with the following with the total maximum fee not to exceed $22,400 without prior approval from the City oJ: Denton, • 1739U/2 -3- 1, Officer-Per Diem S. W. Freese, J, R. Nichols, R. L, Nichols L. B. Freese, R, S. Gooch, J, P. Jones, R. A. Thompson, III, T. A. Reid, J. H. Cook $640,06 2. Associates-Per Diem 0, C. Allen, J. B, Mapes, A. H. Ullrich W. E. Clement, E. C. Copeland, G. N. Reeves $540,00 3, Staff Members - Salary Cost Times Multiplier of 2.3. Salary Cost is defined as the cost of salaries of engineers, draftsmen, stenographers, surveym~en, clerks, laborers, etc., for time directly chargeable to the project, plus social security contributions, unemployment compensation insurance, rmtirem,ent benefits, medical and insurance benefits, sick leave bonuses, vacation and holiday pay applicable thereto, Salary Cost is equal to 1,39 times salary payments. his factor is adjusted annually,) 4. Other Direct Expense - All other direct expenses shall e charged at actual cost. Other direct expenses shall include printing and veproduction expense, communication expense, travel, transportation and subsistence away from Fort Worth and other miscellaneous expense directly related to the work, including costs of laboratory analysis, test, and other work required to be done by independent persons or agents other than staff members. 5. Payment - Payment will be made on statements submitted by the Engineer. Statements shall not be submitted at intervals of less than one (1) month, V1. Successors and Assignments, The Owner and the Engineer, each binds himself, his successors, executors, administrators and assigns of the other party to this Agreement, and to the successors, executors, administrators, and assigns of such other party in respect of all covenants of this Agreement. Neither the Owner nor the Engineer shall assign, sublet or transfer his interests in this Agreement without the writ'-en consent of the other. 1I39U/3 .4- This Contract is executed in three counterparts. IN TESTIMONY HEREOF, they have executed this Agreement, the day and year first above written. ATTESTi CITY OF DENTON TEXAS OWNER CITY OF DENTON, TEXAS CITY OF DENTON) TEXAS (CITY SEAL) FREESE & NICHOLS INC. Engineer WITNESS; $y; _ . James R. Nichols, President 1739U/4 smoAE, YEAR ANNUAL. BUDGET PAGO XgE3z•83 EXPENDITURE DETAIL. 00 ARYM n QIWSION WTR/WW Adm. 04-SQ AOCOUNT PRIOR' EGn"kNT YEAR PfiOPOBEq HSQUBST„ KwagR ACOOUNT U ACTUA[ tiUU3l:P S8T7~ATEi FUNDING CONTINUAT4 63 MAINTENANCE 83-41 Office Machines 20 150 150 x.50 150 4 calculators 0 1 typewriter 100 1 word processor 0 '=AL 83-41 1S0 83-42 Vehioles 224 300 300 300 300 1 oar 83-44 Radio Equipment 35 200 200 200 200 2 base units 180 1 mobile unit 50 200 TOTAL MAINTENANCE 279 650 650 650 650 95 SERVXCES 85-01 Telephone 11558 1,550 11300 11500 115041 • 84.88 8235 8236 85-02 Spec al ervices '23,540 55,000 55,000 75 000 850004 Long Rg.Wtr Sapp, 200000 Wtr Conservation S y 100000 t Dist Ma in 20,000 Misc. Engr. 5,000 Total 85-02 75o000 85-03 Travel-Expenses 31855 41910 4,000 6,700 6,70 3 AW Short Schis 900 3 AWWA Conf. 11800 12 Misc. Austin 1,440 Miso Seminars 500 Flay Roberts Take 211-000 TOTAL 6,704 85-04 Advertising 31014 200 400 400 40 _ o$ CrrY OF DENTON SIB FI$CAI Y&AR ANNUAL, DUOOET ` PAOL• 1982-a3 SUPPLEMENTAL DECISION 08PART!AgNT Pf ✓KACE DIVISION TITLEi WATER TREATMENT PLANT FEASIBILITY =TUDY (R) PROGRAM DESCRIPTIONt Tho funds requested in this package will provide for a preliminary feasibility study of alternative locations for a possible new Water Treatment plant which will. be required in the late 19801x. As Part of the Study, an analysis will be wade to compare costs involved in pumping raw water from Ray Roberts Lake and Lewisville Lake, This is a continuation of a project that will be initiated in the 1981-82 budget. The study is anticipated to coat $15,000 with $5,000 expended in the 2981-82 fiscal budget. EXPENDITURE DETAIL: Account De. scri Lion Re uest 04-34-85-02 special services $10,000 TOTAL REQUEST $10,000 0896U/10 C ITY OF DENTON JJ 8F-41 V2 DISC YEAR , ANNUAL WIDGET _ PAOd 1982-83 SUPPLEMENTAL DECISION cP O PAWT ~ PACKAGE Q0N { jm. 04-50 TITLEI COMPUTERIZED WORKORDER SYSTL-4 (N) PROGRAM DESCRIPTIONt The management firm of LWV4 Ina., of Dallas, Texas has been in the process of developing a computerized workorder system with accompanying cost and function, accounting capabilities. Their progrand would involve ten to fifteen oities in the metroplex and North Texas area. Their proposal is to have each municipality fund approximately $10,000 of this development and for this investment, each City would receive a working software program that could be run on a small mini-computer system. This system would allow "hands on" managema nt information at minimal cost for superintendent and director level management decisions. - In the event that LWBW would be successful in marketing the program to entities other than the municipalities involved, LWN proposes to return a royalty payment back to each of the cities until their original investment had been returned. $5,000 of this program is also being proposed in the Electric Department. All City Departments would be able to use this system when completed. I. • EXPENDITURE DETAILi I Account Description Request 04-50-85-02' special services $ 5,000 I 04-50-9.1-03 office Machines $ 50000 TOTAL, REQUMT., $10,000 i • 0896U/8 ~ i CITY OF OENTON BF-41 ! 1414L11(1CLIu. C1f11 t1i7+ l~ ii~ld kwy 1~iT3L7il}r1. " ~K'~jjQ~r w ! Gt iL4 41UuLL4Jli1►tYvwlt#4tiAGG>Zi F~i~?~Y11w 11 .J1' 1719 LLL11 D, tit 011CI~Y qp rUN NAME 179 ' 0__ f?I'!l1Ni.,_ A.I.P311 .....ApL.AII.._4If#TINO.III UII IUNi~ 48 .,k0u00pT_ . I I1 ...,..,I_._......_...._..... ri UUO4' C L 'r t'.A+1 l'/t13 Ay1:T f' Nr 3/•Il/tl;l ...i ..FUN0t.4A0 WATKfi 4 0QW911 FUND AGI:NCY1, 000J)TILITILB ONAL ! ~I ORGANIIAtIUNI 0450 WAYNk 4 GIiWCII AUl1INVIMI1N ACTIVII'Yi~y^»^ ciil£17ClIY Wtillil 1'Ia`~Af:"i'ti6+t^tu UOJrCT - - CORRaNT MIDI. OATHU rrUrAL OUTOfANUINU OTAL IIUUdE!TLO UUUGE#7 CUPC^pVIJC,57 T IU.V7 pp1 l OAr I11N0 :NCUMUf1ANC09 BRPCIlol Tulle,; 0JOA 111)NS A14UUNT ..._..AAI.ANCI . P(IICSNf . . - n021 uumAltirl 0000 0100 40n21076 41521176 0 4m591.76- Q40 % O'.,..j1pJ..C_LF.ti_' }eQPtt.u{~4.._. ._0.~Utss4t04_....__~.1 tggJO..-.___._..__15.150.94_-.-70000.._%..___.... OU P TfGll/p~Jl^EItU ~,41i41J2 U1~0 0/3421000 61244 4b 40522 36.2 V) 2 0p. % 10,14 PROF $At. ?..729.72 p, 00 6082oU 802.6?. 00600 4 o2T~ MAN SUPT 'JAL 2,917.94 0.00 01112'1120 G19k90.10 71122 01 1~0 07 r9 9 1111, V. 0T sA4_.....__.__..- .q7 41a 15,._... 0100 _ 6u 172... 60I 172 z 0__._._._. ......6 1172-...... 10...% I1N' 1 L1 '1Lll9li. ~1143210V 0100 2i',1 b, 009 2ilbff, VU 151 47V 0.00 86O 9 (1Obl IT ICA 7114,36 100 1.1149.10 a104911d 90864 70d140dg d 1 % 0062 TMP'I 3U40U1 0100 OVA 1U1 09d16 1 617d1 80dd2,4'1 00817 7 k _....__006, 0 }00010 ,y,10o 0000 lit .61100 00.0.. nOt1' It'I IJfEA.`7CtT_"-`._°~" "..1b1.21. 0.0 btlu.b/.__. 455107 J1 I4_.`_ 21 471V306.:{ k VTIJ CAT TOTAL t31J46090 0100 34032914d 34132U141I 1701660 •13613b41U2 79,9 Oto J.b.dd__._._..__-•7:10100 11120 61.2 X (1102 OnflK L MAG, 0100 0100 3160 9160 300 290140 3660 x 0100 TMIL C JNSr 0600 0100 3.00 0,00 20 20.00 10010 x . _..----U.0 ~I1 i1T1$tAS?-- 1814it"-` b180 341'S2-'-'• J4~ iS2 220 0 0110 rorIoil r 0100 0000 0100 0100 15 10100 100.0 X UI IJ 11PO'k 0.00 0400 1100 1100- Is 0`6100 10617 X !lllSf_f'1.1•.`!._. __._9109,.._.__ ....0100.__.-_._..._.0,0V 1J0_.....--.-----_--100.100.._rOV eV 014J CAT TOTAL 245117 0400 TOO 138 702132 311ub 21302.60 7513 ~ -11:141. (lrr M4•.tII_. ,uo A9 p0 U 0,09....._,-.._.._~010 00 f)y4VtF1JIVULF' o.0u 0490 0:00'- 0100 Jb0 u10~-'~U010--x 11-41 PAOIO 11.UUIP 17100 0.00 91,150 914 b0 200 1 1160 8103 X 011 ~ ' '//,SO_ .....__..,.9 ?qp0._... _ 450_ _..._....__G62.b9..__..11U10.,. - /)50I Tl-:LCIll10 t. 121100 0600 311,40 311048 11500 l 1128055 7u,2 x •-e.05U2 911 Sf RV I CU 0,00 0400 1 197 OU Ile, W109 00 160 120923104 90,4 5os ~s ` , L 4p 0.~__._..__.. ;:I2~"liG- t,;,. 00000 t+lnl: w ~:uuN 110110 0@0000 0 11000 0100 5111011 54000.00 00060 % x 2i_..__.._...._._..._._ __.0. ,0000 90,00 300 002,00 6063 } IICIif,er•n___.__._.._..7~u.u6 d10 o ...._,.1 y~.Gu:.__...._..._7.l:d,uu.._ ,._795..__---.___-._.._.....1.2.,44-._.l•.or_..~.....,_.-_.__--- 1 ~r March 1, 1983 CITY COUNCIL AGENDA ITEM SUBJECT: Golden Triangle Development COL-poration: E asement Abandonment- James Dougherty Addition. SUMMARY: The Developer has requested abandonment of the 16' easement along the east side of the development which is not used as it does not connect to another easement, The Developer has given a 16' wide easement in place of the requested abandoned easement rom the east end of Highland Circle, which will allow connection to the area north of the subdivision when it tecomes necessary. Developer has agreed to install a 2" PVG pipe for electric utility use if he paves the new casement for use as a driveway. FISCAL SUMMARY: Not applicable. ACTION REQUIRED: Approvol or disapproval by the CIt;r Council of the attached quitclaim document. ALTERNATIVES:: Not applicable. RECOMMGK ATION: The Public Utilities hoard, at their meeting of February 23, 1.983, recommended t:o the City Council abarioonment of subject easement. Minutes of this meeting, will be distributed prior to the City Council meeting. Respectfully, R, E. Nelson Director of Utilities LXHIBIT 1 Quitclaim Deed 11 Proposed Easement 1781/8 111 ^gUITAU,IN 0et0 Yet+4 er,1"rA ~Aw ...._ra..~-..._.4.:..._.::::r:..,__.,..:::az~._..-.....~.._.:.._.__......._,.,._.___.»....~_.:_...,_...., rte.-:;_ I ~'#tt#~ ~P"~tt'~' 3Krwm ,All ~r'rt b Z~ r~r re~rnta; i Oastntg of QENTON I 1 That the CITY OF DENTON, TEXAS, acting by and through its authorised i~ officer I + of the County of Denton And State of Texas for and In conslderstloa of 1 . site seta of TEN AND NO%.100 ($10 , 00) „ DOLLARS , to it In bend paid by GOLDEN TRIANGLE DEVELOPMENT CORPORATION I of the County of Denton sad State of Texas ,the receipt of whicl ; I , I Is hereby acknowledged, do by these presents BARGAIN, SELL, RELEASE, AND FOREVER QUIT CLAIM unto the tall GOLDEN TRIANGLE DEVELOPMENT CORPORATION,- its , successors I~ heirs and Assigns, all its right, title and Interest In and to that cartafn tract or i parcel of land lying In the County of Denton State of Texas, described as follows, to-wit: , ~i A portion of a 16 loot wide utility easement dedicated by replat of Lots 1-10 of the James Dougherty Addition, Denton, Texas as recorded in Volume C, Page 94 of the plat, records of Denton County, Texan, and being more particularly described as followst l BEGINNING at the Southeast corner of the James Dougherty Addition, said point also being the Southeast corner of Lot 8 of the replat of the James Doughertyy Addition, THENCE North 880 43' West a distance of 16,0 feet to a point for corners THENCE North 000 34' East a distance of 264.59 feet to a point for corner ~I THWICE North 480 141 07" East a distance of 14,88 feet to a point for , 1 ao"fie ri TIMNCE South 000 341 West a distance of 21,11 feet to a point for corners' 1 THENCE South 880 43' East a distance of 5,0 feet to a point for corner; VICE South 000 341 West a distance of 253.70 feet to the POINT OF l BEGINNING, and containing 41234,8 square feet or 0,097 aarea of land. II I 1 V33 , I) it \ t E~ TO HAVP AND TO HOLD the said premises, together with all and singular the rights, privile r~ and Appurtenances thereto in any manner belonging unto the said GOLDEN TRIANGLE DEVEL4P- MENT CORPORATION, its successors Ij heirs and uslgns forever, so that neither it the said 1 City of Denton, Texas successors or assigns nor its/ XMK nor any person or persons clafming under it shall, at Any bane hereafter, have, clcim, or demand any right or title to the aforesaid premises or appurtenances, or Lay part thereof. WITNESS my hand at Denton, Texas this day of A. D. 19 83 Witness at request of Gmntort TZ.."6 ATTEM BY J .».........'AU. hl b 1c' i' 2 'i'r'd' " d'f f i' c'a'r"""""'»...»...".» BYs j THE STATE OF TEXAS r KNOW ALL MEN BY THESE PRESENTS' COUNTY OF DENTON ) i THAT GOLDEN TRIANGLE DEVELOPMENT CORPORATION, aoting by and through ~I opts president, Joe A. Belew Denton County, Texas , In eosaideraetoo of the sum of i TEN AND NO1100 ($10.00) DOLLARS--------•- sad other food and valuable eonstderauon In hand paid by the City of Denton, Texas reoelpt of which to hereby acknowledged, do by these presents grant, bargain, sell "d coairsy unto to the City of Denton , the tree i II sad unlaterrupted, use, liberty and pHylitga of the paatage In, along, upon sad acme the folloteing J i deoorlbed property, I owned by it Situated In Denton County, Tuna, texttA described as follows t• ' . SnaxeptuWttcsoCcDta JJJ{ All that certain lot, tract or parts!. of land lying and being situated i the City and County of Denton, State of Texas, and being part of the A.N. B, Tompkins Survey, Abst. No. 1246, and being parts of Lots No. 1 i through 15 of the James Dougherty ',ddition, an addition to the City/County i of Denton, and also being the traot of land conveyed from the Estate of James H. Dougherty to Metroplex Golden Triangle Development Co „ d/b/a Golsen Triangle Development Corporation by deed dated 7/27/82 and records in Volume 1155, Page 864 of the Deed Records of Denton County, Texas, and mnrd particularly described as follows) i Being the southeast 12 feet of Lot 5 and the northwest 10 feet of Lot 6 and being 156.98 feet in length at the common lot. line and containing 3697,1 square feet of land more or less, SAVE and EXCEPT the Grantor reserves herein an easemene for purposes of ingress and egress for the property owners of the adjoining property together with the right to improve said easement with a hard surface such as asphalt and concrete, h I ! ~I S 1~ 1 I i F And it to further agreed that the said Golden Triangle Development Corporation In consideration of the beno4ts above set out, will remove from the property above desetibed, such ftooe$, buildings and other obstruettons u may now be found upon said property. For the purpose of installing and maintenance of utilities fa, along, upon and across sold p:'emisea, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives having Ingress, egress, and regress la, along upon and across said premises for the purpose of making additious to, Improvements on and repairs to the said utilities or any part thereof. ! I I, TO HAV-C AND TO HOLD unto the said City of Denton as aforesaid for , the purposes aforesaid the premises above described. ! l ! Witness my hand thin the rCOkay of , A. D. Io63 .APTESTI GOLDEN TRIANGLE EVELOPb vT CORPORA - TIO y, V, trange, 3 retary 1 A A. Belew, president I ~ Tw ' 51NdL0 ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the underelgned aatha,rity. COUNTY uP......._.., .~..,.__.r In sad for said County, Tcx%s, on this day persondiy appws4 known to tno W be the ""on. _"how name. _ _suMoribed to the foregoing Instrument, and acki;~wlodged ar me that..,,, he.. _ executed the amo for the purpom and contlderatlon therein expressed. OIVSN UNDER MY HAND AND BEAL OF OFFICE, Thllw.-.............doy of A.D.::L_ Notary Publie, --_County. Cora . . My Commisslon Expires June 11 0 BL40LE ACK,\'OWLED011ENT THE STATE OF TEXAS, l BEFORE ME, the wader 4. d aum,orit7, la and far ►aFd Cowity, 71.isa, on tLls day `personal! a .......,k-_,_....,.,..-..,_.._ __._.._.1.- known to me to be the penon_„whoot name. subterIbcJ to the foregoing Instrument, and oeknowledge,l v, me that- he.._ oxetuted the "me for the purpow and contlJeratton therein expressed. OWEN UNDER MY NAND AND SEAL OF OFFICE, Thb.___ day A.D. ^..t Notary Publle, County, Sxxu Nfv t`nmmwion Exviree June 4 I4 CORPO!'.ATIO,`! ACIiNOWLED01=41 r THE STATE OF TEXASs 1 BEFORE ME, the undersigned audnn:ity, In and for ejp JrVxot on We day Ptrtonalty appured...Joe A. BeleW, President of (;a4 den N 't.>; i.0-A tµ . _ nx. GoKP4.Kati_~ Vi to n.... _ known mo lobo the porenn an•1 mT er rvhofa px.%vi1 eri'~oinand ad'cd to me that rho name wos the eve of tLa sa:d Qst~ 10 :.P..41a1?rn@!1....._ . - t}t o?1_ "for for r~~i l ,Q S41 the ume at the act crfuo+ Tor oroiion for the uurnn:,•e and cecWderntt,n norcln sap e1, n epac .v erutn etatod, day xp~3 'M j7YtJ. D AND SEAL OF OFFICE, Thls_/ _ j;eaaod_tVT) Kathy Alton motor, publics ante Of ~~'ryibA.19 StdS$. Sew M. efialminten CvpIt" Moyhfy 6ommletion Expiry Juno 1, lp....._ CLERK'S CERTIFICATE THE STATE OF TEXAS, ~ I, :amnty COUNTY oF.,......~_.__,_..._......,,.. Clerk of the County Court of said County, do hereby certify that the foregoing Instrument of writing datrd m, the _W,_......,.,.,daq A, D. 19........., wlth Its Certlkate of Authentication, was 1lwl for record In my oRtee en the..,.,....... ,.,.day of A. D. 19.,,.... at.... .,o'clock ,-9., satd duty recorded th4..,_._._.._.._.dpy of..,... ...........................w...........,,,.,,,,...,...,.....,.A, D. 19........., at...-....,...o'clock.......,.SL. ra the _.._y~ .___..,...Tteeardo of said County In Volume on pages......... WITNESS 31Y HAND AND SEAL OF THE COUNTY COURT of said County, if soles ln............... the day and year last above written. wty CounhlerkI._.. _.W_...,........ Covntr. Texas. 1L 3) By 1 eputq, F r pWWp ,I t o i III ~ ~ ~ d ~ j I 0 f EXHIBIT III LOCATION MAP . _,..y. f_-. _...~w,Mwr.M...rJ.~..~.►.w,.1 #i~JI }~i'IJ]t,iiM "1i+.lwi~ y..ah..t,r4++:WM+~X w+a1rY.~+J~^y`w.ww"n:... NCO loaf Ila 4.61 a,94' ~3 VI SO R.O.N. 25 m CJ 1), ITIOia ; . ~ 119,07' •o IiQ G~~~ . O -4 0 f ''a. 2a~. J1 400. L, Asa ,,Md1 i y 4'.X . let, gyp"' qj ~ L : :Soo 34' W 290.01' _i A m z '0ETACHEC sIWLE PAWILY kESICEI'JGES r ' 4 W , KENDOLPH STREET r i Alaxendep Spent S COMPANY MEMBER FIRM CERTIFIED PUBLIC ACCOUNTANT$ OIIANT T140ANTON INTEAhATIONAL February 15, 1983 Mr. W. 11, McNary Firemen's Relief and Retirement Fund Municipal Building Denton, Texas 76201 Dear Mr. McNary ; Thank you'for meeting with us to discuss the requirements of our forthcoming engagement, We will make an examination of the Statement of Net Assets Available foil Plan Benefits of the Firemen's Relief and Retirement, Fund City of Denton 'T'exas as of December 31, 1988 and the related Statement of Changes in Not Assets Available foil Plan Benefits for the year then ended, Our examination will be made in accordance with the generally accepted auditing standards adopted by the American Instl,i;ute of Certified Public Accountants and will include tests of accounting data and procedures we consider necessary under the circumstances, The objective of our engagement is the completion of an examination of the financial statements roferr.ed to abovo and, upon its completion and subject to its findings, the expression of an opinion on such financial statements. An examination made in accordance with generally accepted auditing standards is subject to certain limitations and the inherent risk that errors or irregular- itios, if they exist, will not be detected. However, if, during the course of our examination, we become awaro of such errors or irreg- ularities, we will bring them to your attention, Should you then wish us to expand our normal attcliting procedures, we will be pleased to work with you or developing a separate engagement for that purpose. We expect that our fee for this engagement will be approx- imately $3,100, Our billings For the services set forth in this letter will be rendered for payment on a monthly basis so that you may readily relate; our charges to the work performed. This engage- mont includes only those; services specifically described in this letter, Representation before government or other regulatory bodies will be billed to you separately, 1500 0141: DALLAS CENTRF DALLAS, TX 75201 kN4) 7400100 Mr, W. II, McNary - 2 Fobruary 15, 1983 IC you are in agreement with the torms of this letter, please sign one copy and return it for our tiles, Wo appreciate tho opportunity to work with you and continuo our pleasant association. Very truly yours, LAJobe js Eno, The foregoing latter fully describes the services required and is accepted by us, FIREMEN'S RELIEF AND RETIREMENT FUND CITY Or DENTON, TLXAS Date W. H. rScNary l~lf CIYYOI D6NroN, r ERAS MUNICIPDL BUILDING / DENTON, TEXAS 76201 / TEL CPNONE (817) 566.8200 MEMORANDUM TO: Chris Hartung, City Manager FROM, Betty McKean, Assistant City Manager 'DATE: February 24, 1983 SUBJECT: SMOKING IN CITY HALL COUNCIL CHAMBERS Due to a number or citizen complaints the City Council requested the staff to research alternatives concerning smoking in the council chambers (see attached). Since we found that the air flow system in the council chambers would make a no.-smoking sction virtually ineffective, I am recommending that smoking be prohibited in the City Hall Council Chambers. I also recommznd that a speaker be installed in the corridor outside of the council chambers to accommodate those individuals wishing to take a smoking break and still follow the progress of the meeting. At the direction of thn City Council, we will also post no-smoking signs in the council chamber and develop a written no-smoking policy, To ensure enforcement of this policy the sergeant at arms or his designee would ask anyone who is smoking in the council chambers to either extinguish his cigarette (pipe, etc.) or to leave. Should the Council desire to enforce this issue through the Municipal Court it will be necessary to pass an ordinance making smoking in the council chambers during a public meeting a criminal offense. Depending on the action of the City Council, I have attached a draft memorandum to all boards & commission members advising them of the action. Should you need additional information please do not hesitate to let me know, M y s 7 n City Manager BMcK:vvw Attachments ' 0861M CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (81P %6.8200 Office of th- Mayor Cw v `,Da M E M O R A N O U M V D TO: All City Board and Commission Members FROM; Mayor Richard 0. Stewart DATE: February 24, 1983 SUBJECT: NO-SMOKING POLICY FOR ALL PUBLIC MEETINGS For thri concern and health of persons attending public meetings in the City Counci; Chambers, the City Council has adopted a policy prohibiting smoking ey all attendees, board and/or commission members ana staff, In the best interest of promoting attendance of citizens at our public meetings, we appreciate your cooperation in abiding by this policy, c ar ewar ayor - ROS:vvw cc: Members of the City Council CITY 01 DENTON, TEXAS MUNICIPAL BUIOINO / DENTON, TEXAS 76201 / TELEPHONE (81:7) 566.8200 CilyCli ttc !r siifife a { M E M O R A N D U M T0; Betty McKean, Assistant City Manager FE 87 B 3 FROM,. Bob Tickner, Superintendent of Parks DATEo February 9, 1983 i SUBJECT; Smoking in City Hall Council Chambers In reference to your request for recommendations on tobacco smoking in the City Hall Council Chambers, the following options exi.s t : 1. Do not permit any smoking and poet appropriate signs, 2. Section off the Chamber seating into smoking and non-smoking sections as is done in restaurants and commercial airplanes. 3. Provide an electronic air filter as has been done in two conference rooms in other City buildings. 4. Permit smoking as presently exists. Each of the above statements have pros and cons which 1 will address below. 1. Do not permit smoking, Texas State Law Section 4801 states smoking shall not be permitted in certain public buildings as schools, libraries, elevators and closed theaters and movie houses. The Uniform Fire Code also states that smoking shall not be permitted in places of assembly where conditions ,pake smoking a hazard. The Council Chambers could be interpreted as a closed theater ur movie house and it ceri.ainly is a place of assembly. The hazards of fabric seats and carpet exist which could be ignited from falling asb es. Signs could be posted, ash trays removed and non-smoking would need to be enforced by the meeting monitor. PARKS AND RECREATION DEPARTMENT / 817.566.8270 smoking in City Hall Council Chambers February 9, 1983 Page -2- 2. section off into smoking and non-smoking sections. This could be done in a variety of ways using portable standards to adjust the areas as needed, However, the problem of smoke rising to the ceiling would Affect non-smokers in the elevated seats of the Chambers, The air handling equipment is constantly circulating the air which would make this attempt essentially non-effeotive, 3. Provide an electronic, air filers, The addition of an electronic charcoal air-filter to the room would provide some benefit. However, the large volume of air space in the Chambers would require a large unit which would be expensive, Cost estimates are not available at this time, The units are sometimes noisy and make it difficult to hear, 4. Permit smoking, Today this option is not accepted as permissible in consideration of individual rights and the potential health hazards. One of the above options is a more viable proposal. Recommendation; I would recommend that the City Council considur adoption of Option 1, no smoking, and post appropriate signs, I also propose that a smoking area be established outside the Chambers with appropriate ash trays and equipped with a speaker whereby a smoker could take a break and still hear the meeting proceedings. This could possibly be done in the hallway or in the snack rcsom on the lower level, Please feel free to contact me if further study is desired on any of the above options or any other suggestions, Bob Ticknor, superintendent parks Division w IMALT11, SAVETY, AND MORALS ~ ~18.b1 Librury References, Lotwics c-25. C.J,S, Cau:rira •t, 5, 10, 11. 6 CHAMCR G8. CONMUCT AF'I'h TI,NC PUBLIC HE'AlMll 0.01• Sinokin3 Tobacco, Section 48.01. Smoking 't'obacco (n) A person commits an offense if lie is In possession of n burning tobacco product or smokes tobacco In a facility of a public primary or secondary school or art elevator, enclosed theater or movie house, library, Museum, ho3pital, transit system bus, or Intrastate bus, as defined by Section 4Sb) of the Uniform Act Regulating Traffic on Highways (Article 6701d, Yernons Texas Civil Stattaos), plane, or train which is a public plane, (b) It k a det'ense to pproAcution under thi, st!ctiun that the ew-ovartce or public place in which the offense takes place does not have prominently c)isplayed a reasonably sized notice that smoking is prohibited by state law in such conveyance and/or public place rind that an offense Is punishable by a fine not to t cxcead $200. (c) All conveyances and pubii~: piaces sat out In Subuctlon (a) of Soiitiun 4S.01 shall be equipped with facilities for extinguishment of smokl'na materials and it shall be a deferse to prosecution under this section if the conveyance or public place %6thin which the offense takes pl;tco is not so quipped. (d) It is an exception to the application of Subsection (a) if the person possession of the burnirf; tohaeco product or smo!;ee tobacco exelwiveiy within an area desiortated for smoking tobacco or ns n lr;ttticipar;t in an authorized theatri- cal performance, (c) An urea designated for srnoking tolrnccv 07 a -transit ssstr.m bus or intmstatr. plz.ne m. train must also Include the area owiplud by the operator of the, transit system bus, plane, or train. (f) An offense under this section is ouniAtahle its a Class C ciisdornet\nor ' . Added by Acts 1975, (34th Leg., p. 744, ch.:. NO, § 1, cff. Supt. 1, 191.3. r Section 2 of the 1975 A,, pi oxides; Cross ltvferenin:s "The provisions of this Act Stoll itot pte• Class C misdorn-,anor punishment, see l empt any ordinan:e adopted by a gjvern 12,23. Ment entity lv w or in the futur+t s hick pro• hibits the pus;ssic o of light%d tcibacco pro,l' Librury References ucts or p:•ohlbira the snialing of tobacco within the ludsdirtion of side cov:mmentel health and Envirbrtrnant X23.• entity." C'J.S. }lealtli and 11 ovirotunent C 21. i I, CITY OF Dff:mrwl, TF; XAS OFFICE OF TU CITY ATTaf;NFY vz", .7.1 MEMORANDUM CJ. 9`ay?nr, Jr,,"t!;~ AttarrT,~;~ Joe 0. i wris, A.sifslam.' City ,Attor,te.y Robert B. Hunter, Ar,stSttxnt C(ty Atrarney i DATE: February 16, 1983 Mayor and City Coi.Tno-11 i J44x TO: City Manager, FROM: C. J. Taylor,, Jr., City Attorney SUBJECT: Smoking in the City Hall Council Chambers 11 'rho memoraidum dated VeW.'Lklry 91 1983 :submitted to the City Council Tuc,sday, 1•'obruary lei, 1983 seems to i.ndioate that Section 48,0.1. of the penal. Cocle of the State of. Texas has application to m-totincls ilt the Council Chamber:?. A copy of Section 48.01 of t:ttie Penal Coda oi: tho Stagy o of Texts is attachesl hereto for your i.nf:ormatio'i, arse you will note that there: is no provision in ,3v..ction 48.01 whir -,h makes it ,applicable to a council meeting. if the council dou ires to prohibit smoking in the City Council Chambers and make it a criminal. of.f, nse, the City Council needs to p<as.: an c rdinttncc to thi.ea effeCt pursuant to the provi;3ions of Section 2 of the 1975 Act which is printed on the bottom of the attaches Section 48.01. The City C''ouncil can by ;.to Own rules prohibit smoking in the City Council Chambers and require all persons who at:L•empt to smoke to leave the Chambers; however, there can be no prosecution in the Municipal CCUr. t. unless it ir3 provided for by ordinance C. Jl TAYLOR, C,JTJR: jt l March 1, 1983 CITY COUNCIL AGENDA ITEM SUBJECT Consider Joint Pole Use AgreemenL Between City of Denton and North Texas State University. SUMMARY North 'T'exas State University has requested that the City give permission to contact approximately 14 poles on Mulberry, Welch and Oak to interconnect a conk uuniontion system to their facilities. The attached Agreement s a modified version of the GAIN Agreement which is designed to protect the City and give NTSU rights for use of the pole space required. FISCAL, SUMMARY $70 annual income from pole use. ACT 10N REQUI ME:D o City Council approval, disapproval or modification of subject contract. Kk; C0HHE NDAT 10N r The Public Utilities Board, nt their meeting of February 23, 1983, recommended to the City Council. approval of sub Pet Joint Pole Use AgreomonL, MinuLes oil' this moCA-ing will he distributed prior to the City Council meeting. Respectful]. , -V~ R. E, Ael.son Director of Utilities, Electric Joint Pole Use AgreemenL- NTSU L. Cit EXHIBIT I Proposed Y 1781U/1 1 I COMi UNICATION POLE LEASE AGREEMENT BETWEEN CITY OF DENTON, TEXAS AND NORTH TEXAS STAll UNIVElt,;;l'CY Communication Pole Lease Agreement Index Page Applical;1on for Permission to Attach, Article III 3 Gout of Pofa Replacements, Article VI 6 Dohnit:ioni, Article I I Exie,ting, Contracts, Article XIV 13 Ge.nei-ol., Article XII 11 Intomri ity and Insurance, Article X 10 Inrt.,.W.,adon and Maintenance of Attachments and Volos, Article V 4 Notice, Article XV 13 Payment of Vills, Article XIII 12 Prol.oct.ion Against Claims for Libel ana Slander, Gopyright and Patent Infringement, Article XI 11 Renta).r,, Arti~.,le VIII 8 RJ&hl:s-oi;-Way, Legal Authority and Uefault, Ace.icle VII 7 Ocopr. of Agreement, Article II 2 S cifications, Article IV 4 'T'erm and Termination of Agreement, Article IX 9 COMMUNICATION POLE LEASK MAMEMENT THIS AGKEEKENT made as of the day of , 1983, between the City of Denton, Texas, a Home Rule Municipal Gorporation, hereinuftet called Licensor, and North Texas State University, an Institution of Higher Education of the State of Texas, hereinafter called Licensee, W I T N E S S E T h; WHEREAS, Licensee proposes to install a communication service to buildings external to the campus area in Denton, Texas, and proposes to install communication cables, amplifiers and drop wires, wires and appliances together with associated cable messengers, anchors and other appurtenances (hereinafter sometimes collectively called "equipment") to the buildings to be served and desires to attach such equipment to poles of Licenoor and/or to poles used jointly by Licensor and other companies; and, WHEREAS, Licensor is willing to permit, to the extent it may lawfully do so, the attachment of said equipment to its poles where, in its ,judgment, such use will not interfere with its own service requirements or, as it may be advised, the service requirements of other joint users, including considerations of economy and safety, NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein contained, the parries hereto do mutual?.y covenant and agree as follows; ARTICLE I DEFINITIONS 1, All references herein to "Licensor's poles" or "its poles" shall mean poles solely owned by the Licensor, jointly owned by Licensor or the pole space rented or obtained by other arrangements by Licensor from another owner. w1 G M All references herein to ",joint user" shall mean (1) a company or municipality which together with Licensor has a percentage ownership in a pole, (2) a public utility company or municipality which has atCachment privileges on Licensor's poles, or (3) a public utility company which owns poles on which Licensor has attachment privileges. 30 All references herein to "communicationa service" shall mean the transmission to or from facilities in use by the Licensee of signals or transmission of locally originated closed circuit television. ARTICLE 11 SCOPE OF AGKEEiLMLNT 1. Licensor hereby agrees to license and permit Licensee to attach its equipment, for the primary purpose of furnishing communication service within the area outlined in red on the map attached hereto as Exhibit A, to such of its poles as are, in the judgment of the Licensor, suitable and available for such attachments, subject to the conditions and limitations contained herein. 2. Licensee agrees that its equipment to be attached to Licensor's poles shall be installed for the purpose of providing communication service. 3. Licensee agrees to secure from the proper franchising authority, a franchise to erect and maintain its equipment within public streets, highways and other Thoroughfares provided such franchising authority exists, and shall secure any and all consents, permits or licenses that may be legally required for its operations hereunder. Prior to the execution of the Agreement, Licensee snall deliver to Licensor documentation satisfactory to Licensor evidencing that all such tranchises, consentsi, permits or licenses have been obtained. 4. Licensee agrees to assist in, and bear the expense of, securing any consents, permits or licenses thaC may be required by Licensor by reason of this Agreement. .3- ARTICLE III APPLIGATION FOR PE10liSSION TO ATTACH 1, At least thirty (30) days prior to the time Licensee desires to attach its equipe;ient to any of Licensor's poles, it shall make written application to the Licensor, Upon approval of said application, Licensor shall return one copy to the Licensee bearing the endorsement of its permission, 2. Upon receiving such endorsed copy of said application, but not sooner, Licensee shall have the right, subject to Article IV herein, to install, maintain and use its equipment described in said application upon the poles identified therein, provided that Licensee shall complete each installation within one (1) year from date of said approved application; provided, however, that before commencing any such installation, Licensee shall notify Licensor of the time when it proposes to do such work and that within thirty (30) days of completion of such work, Licensee shall notify Licensor and, in the event Licensor elects to have its representative present, Licensee shall reimburse Licensor for the cost and expense thereof, 3. Where costs are involved in the rearrangement of Licensoe's or other facilities to accommodate Licensee's equipment, two signed copies of said application shall be returned to Licensee detailing the costs. Approval of said application by Licensor is subject to receiving authorization from Licensee to make changes and rearrangements, at Licensee's sole risk and expense, detailed by Licensor with said copies of Baia application. 4. Licensee shall not have the right to place, nor shall it place, any additional equipment upon any pole used by it hereunder without first making application therefore and receiving Licensoe's permission to do so, all as prescribed in paragraph 1 of this Article; nor shall Licensee change the position of any equipment attached to any such pole without Licensor.'s prior written approval. 1 w~w 5. It is agreed and understood that in the case of jointly-used poles, permission to attach theveto shall be subject to Licensor's obtaining approval from such joint users and/or owners whenever necessaryo ARTICLE 1V SPECIFICATIONS ' 1. Licensee, at Its own cost and expense, shall construct, maintain and replace its attachments on Licensor's poles in accordance with (i) such requirements and specifications as Licensor shall from time to Lime prescribe, (ii) In compliance with any rules or orders now in effect or that hereafter may be issues by any regulatory Commission or other authority having ,jurisdiction, and (iii) the requirements and specifications of the National. Electrical Safety Code, 1981 Edition, and any amendments or revisions of said specifications or code. ARTICLE V INSTALLATION AND mA1NTENANCE OF ATTACHMENTS AND POLES 1. The exact location of Licensee's attachments on poles shall be determined from a point survey to be made, at such times as shall oe mutually agreed upon, by representatives of Licensor, Licensee and, is desired by a joint user, Licensor may inspect each new installation of Licensee on its poles and in the vicinity of its lines or appliances and may make periodic inspections of the entire plant of Licensee as plant conditions may warrant; and Licensee shall, on demand, reimburse Licensor for the cost of such surveys and inspections. Such inspections shall not operate to relieve Licensee of any responsibility, obligation or liability assumed under this Agreement. 'l. Where Licensee's attachments can be accommoda~ed on poles of Licensor by rearranging or changing the facilities of Licensor or other joint users, Licensee agrees to pay Licensor in advance the cost of making such rearrangements or changes. - w5- Strengthening of pole~3 (guying) required to accommodate the attachments of Lic^.nsee and the bonding of Licensee's strand to that of Licensor shall be performed by Licensee at its sale risk and expense. Such work, however, may ha performed by Licensor ac its option, and in such event, Licensee shall pay to Licensor in ad,;ante the cost of all such work. 3. Upon written notice from Licensor, Licensee shall relocate or replace its equipment attached to Licenser's pole,, or transfer the same to substituted poles, or perform any tither work in conner.tion with said equipment that may be requested by Licensor, at Licensee's sole risk and expense; provided, however, that in cas~is of emergency Licensor may, at Licensee's sole risk and expense, arrange to relocate or replace the facilities attached to said poles by Licensee, transfer them to substituted poles or perform any other work in connection with said facilities that may be required in the maintenance, replacement, removal or relocation of said poles, the facilities thereon or the equipment which may be placed thereon, or for the service needs of Licensor, 4. Licensee shall notify Licensor in advance of the time when it proposes to replace any of its equipment attached to Licensoe's poles. 5. All tree trimming required on account of Licensee's equipment shall be done by Licensee at its sole risk and expense and in a manner satisfactory to Licensor and any other joint users, b. Licensee shall, at its sole risk and expense, maintain all of its attachments on Licensor's poles in safe condition and in thorough repair. 7. Licensor reserves to itself, its successors and assigns the right: to maintain its poles and to operate its, facilities thereon in such manner as will best enable it to sulfill its public service requirements. Licensor or other joint users shall not be liable to Licensee for any interruption to the service of Licensee or for interference with the operation of the equipment of Licensee, unless the service interruption was created solely by acts of Licensor. wbw d. Nothing herein contained shall give to the Licensee the right to place a crossarm on any pole. If a crossarm is required to accommodate the facilities of the Licensee, then Licensee ahall so state the reasons therefore in its applicar:ion for attachment, 9. Licensee shall not at any lime maka }uny additions to, or changes in, the location of its attachments on the poles covered by this Agreement without the prior written consent: of Licensor except, in cases of emergency, when oral permission shall have been obtained from Licensee's authorized representative at Denton, Texns and subsequently confirmed in writing,. 10. Whenever, pursuant to the provisions of this Agreement, Licensee shall be required to remove its attachweota from any pole, such removal shall be made, except as otherwise specifically provided, within thirty (30) days following the giving of notice to Licensee by Licensor to so remove, Upon failure of Licensee to remove such attachments within such thirty (30) days or as otherwise required, Licensor may remove them and charge all costs associated with such removal to Licensee. ARTICLE V1 CUST OF PULE KEPLAMNEN'1S r 1. Whenever Licensee applies for permission to <<ttacb to a pole that is considered by Licensor to be insufficient in height or strength for accommodation of Licensee's attachments, o in the event that Licensor or a joint user of the pole shall reiuire the space occupied by Licensee's existing attachments, Licensor shall notify Liconsee of such fact and of the estimated cost to Licensee of replacing such pole with a pole which will accommodate the attachments of Licensee, Licensor and any such joint user. t,(ithin thirty (30) days of such notification, Licensee shall either notify Licensor (i) of its approval of such replacement or (ii) of its cancellation of the application with respect to such pole or (iii) in the case of existing attachments, of its election Lo remove its attachments from the pole. .7- 2, In the event of Licensee's approval of such replacement, Licensor shall replace the pole and Licensee shall pay to Licensor in advance the charges l,herrlfore computed as follows; The total tors of the new pole, the removal of the old pole, the transferring of, Licensor's and any such joint user's attachments from the old co the now pole and such other costs, if any, necessitated by Licensee's requirements, less the total of the tollowing, accrued depreciation on the old pole, salvage, if any, and the cost of such portion of the new pole, if any, which represents space reserved for the use of Licensor or any such joint user greater than that provided for them on the o;',d pole, less appropriate contribution by any other licensee, .i any. AKTICLE VII kIGHTS-OF-WAY, LEGAL AUTHOKITY. ANU DEFAULT 1. Upon execution of this agreement, Licensee shall submit evidence satisfactory to Licensor of itS authority to erect and maintain its equipment within public streets, highwEys and other thoroughfares and shall secure any necessary license, permit or consent from Federal,, State or Municipal authorities and from the owners of property now or hereafter required to construct and maintain such equipment at the locations of poles of Licensor to which it desires to atinch. In the event any such franchise, license, permit or consent is revoked or is thereafter denies to Licensee for any reason, permission to attach to Lict;nsor's popes shall immediately terminate, Licensee shall within reasonable time remove its equipment from Licensor's poles and Licensor at its op~:ion may forthwith terminate this Agreement. 2. Upon notice from Licensor to Licensee that the cessation of the use of any pole or poles has been requested or directed by Federal, State or Municipal authorities, or property owners, permission to attach to such pole or poles shall immediately terminate and Licensee shall forthwith remove its equipment therefrom. 3, 1f Licensee shell fail to comply with any of the provisions of this Agreement, including they specifications hereinbefore referred to, or uefaults in any of its obligations under this Agreeuicnt, and shall fail within thirty (30) days after written notice from Lic)nso}: to correct such default or noncompliance, Licensor may, at its option forthwith terminate this Agreement in its entirety or, at its election, revoke the permit. covering the pole or poles involved in such default or noncompliance, nr at Licensor 's option, obtain service of an attorney to institute suit or other judicial proceeding to remedy and default by Licensee in its performance of the covenants, LPrtris and conditions of this Agreement and Licensee expressly agrees that: the defeated party shall pay reasonable attorney's tees and exponseft of such legal counsel, AR'T'ICLE V111 ~REN'T'ALE 1. For the privilege of placing and maintaining attachments on Licensor's poles, Li.cenree shall pay an annual, rental rate of five oollars ($5.00) per contraC:L- Rentals shall be payable annually to the Licensor on the first day of January each yeal~ during which tr,is 1,6reemc1)t remains in effect. 3. At anytime aftev two ('G) years from the date Of this Agreement and at intervals of not less Chan two (2) years thereafter, the rentals shall be subject to adjustment by Licensor, upon written notice. 4. Rental payment shall be made within sixty (60) days of the receipt of statement. Any late payment shall bear an interest rare of ten percent (10%) per annum, 5. The Licensee and Licensor shall together maintain a perpetual inventory of total Licensee contacts and all fu,ure rental fees shall be based on such perpetuai. inventory. The Licensor may at its option use a physical inventory in lieu of perpetual. r inventory. The cost of such physical inventory shall be shared proportionally among the participating companies. 6. In the event that: Licensor files a tariff with the appropriate regulatory authority during the term of this Agreement coveritig attachments made to its poles, Licensor reserves the right to substitute r.he rates and charges covered by such tariff in place of the rentals set forth in this Article. 7. The Licensee shall reimburse the Licensor in advance for all net capital costs incurred by Licensor as a result of replacing poles and equipment as roquired by Licensee for the initial. installation of Licensee's attachments. Licensor shall credit such advance reimbursement by Licensee to initial and subsequent rental lease fees. Licensor shall notify Licensee of the estimated net costs of such replacements. Licensee shall make payments of such estimated costs and final adjustments in payments or credits shall be made at the completion of the work and shall be based on actual costs incurred. ARTICLE IX TERM AND TE01INATION OF AGREEMENT 1. This Agreement, if not previously terminated in accordance with the provisions hereof, shall. continue in effect for a term of five (5) years and thereafter until terminated as provided herein. The Agreement may be terminated at the end of said time or at any time thereafter by either party giving to the other party at least ninety (90) days written notice. Upon termination of the Agreement in accordance with any of its terms, Licensee shall remove its sRid equipment frorr all poles of Licensor within thirty (30) days thereatter. 1. Licensee may at any time remove its equipment attached to an. pole or poles Of Licensor, but shall immediately give Licensor written notice of such removal. No credit or refund of any rental shall. be allowed Licensee on account of such relnoVal. -lU- 3. This Agreement shall be subject to termination by Licensor without notice, or, where circumstances permit, upon five (5)+ days written notice to Licensee, upon objection being made by or on behalf of any governmental authority asserting proper jurisdiction thereon. ARTICLE X INDEMNITY AND INSURANCE 1. Licensee shall indemnify, protect and hold harmless Licensor and other joint users of said poles from and against any and all loss, costs, claims, demands, damage and/or expense arising out of any demand, claim, suit or judgment for damages to property and injury to or death of persons, including the officers, agents and employees of either party hereto and other joint users of said poles, including payment made under any Workmen's Compensation Law and under any plan for employees' disability and death benefits which may arise out of or be caused by the erection, maintenance, presence, use or removal of said equipment or by the proximity of the respective cables, wires, apparatus and appliances of the parties hereto or other joint users of said poles, or arising out of any act or omission or alleged act or omission of Licensee, including any claims and demands of customers of Licensee, 2. Licensee shall carry insurance, at its sole cost and expense, to protect the parties hereto and other joint users of said poles from and against any and all such claims and demands and from and against any and all actions, judgments, costs, expenses and liabilities of every name and nature which may arise or resuit, directly or indirectly, from or by reason of the acts or omissions of Licensee hereunder and irrespective of any fault, failure, negligence or alleged negligence on the part of Licensor or of any other joint user of said poles. The amounts of such insurance are set out in Section 27-58 of Ordinance No. 78-21 of the City of Dentor, ordinances, and the Licensee will comply with the provisions of that section. Licensee shall. promptly advise an authorized -11- representative of Licensor of all claims relating to damage to property or injury to or death of persons, arising or alleged to have arisen in any manner by, or directly or indirectly associated with, the erection, maintenance, E•resence, use or removal of Licensee's equipment. 3. Licensee shall exercise special precautions to avoid damage to facilities of Licensor and of other joint users on said poles and hereby assumes all responsibility for any and all loss for such damage. Licensee shall make an immediate report to Licensor of the occurrence of any such damage and hereby agrees to reimburse Licensor for the expense incurred in making repairs necessitated thereby. ARTICLE XI PKUTECTIUN AGAINST CLAIMS FUZZ LIBEL AND SLANUEK, CUPYKIGHT AN')_ PATENT INFKINGE.MEN'r 1. Licensee shall indemnify, protect and hold harmless Licensor from and against any and all claims for libel and slander, copyright and/or patent infringement arising by reason of attachment by Licensee of its equipment to Licensor's poles pursuant to this Agreement. ARTICLE X11 GENERAL 1. Licensee shall not assign, transfer or sublet this Agreement, or any of the privileges hereby granted to it, without the prior written consent of Licensor. Provided, however, that Licensor's consent shall not be required to place mortgage or lien upon the facilities of Licensee, for the purpose of financing the installation, improvement, maintenance or extension of its system, 2. No use, however extended, of Licensor's poles under this Agreement shall create or vest in Licensee any ownership or -12- property right in said poles, but Licensee's rights therein shall be and remain a mere license, Nothing herein contained shall be construed to compel Licensor to maintain any of its poles for a period longer than that demanded by its own service requirements, 3. Nothing herein contained shall be construed as af:ecting the rights or privileges previously conferred by Licensor to others, by contract or otherwise, to use any poles covered by this Agreement, and Licensor shall have the right to continue to extend such rights or privileges; the attachment privileges gran Led hereunder shall at all times be subject to such contracts and arrangements and nothing contained herein shall be construed as affecting the right of Licensor to grant attachment privileges to such other parties as it may desire to do so. 4. Failure to enforce or insist upon compliance with any of the terms or conditions of this Agreement shall not constitute a general waiver or relinquishment of any such terms or conditions, but the same shall be and remain at all times a full force and effect. 5. Subject to the provisions of paragraph 1 of this Article, this Agreement shall extend to and bind the successors and assigns of the parties hereto. b. Nothing contained herein shall be construed as affecting t'ne rights conferred or exercised by the parties under present or future governmental authority or regulation. ARTICLE XIII PAYMENT OF MILLS 1. All amounts payable by Licensee to Licensor under the provisions of this Agreement shall, unless otherwise specified, be payable within sixty (b0) days after presentation of bills therefore. Nonpayment of any such amounts when due shall constitute a default under this Agreement. ARTiCL6 XIV EXIST LNG CONTRACTS 1. All existing Agreements betweon the parties hereto for the joint use of facilities are by mutual consent hereby abrogated and superseded by this Agreement. Nothing in the koregoing shall preclude the parties to this Agreement from preparing such supplemental operating routines or working practices as they mutually agree to be necessary or desirable to effectively administer the provisions of this Agreement, ARTICLE XV NOTICE 1, Any notice provided in this Agreement to be given by either party hereto to the other shall be deemed to have been duly given when made in writing and deposited in the United States Mail, postage prepaid, addressed as follows; TO LICENSEE North Texas State University Post Uf f ice box 13527 North Texan Station Denton, Texas 76'203 Tu L1CENSUR; City of Denton 215 East McKinney Denton, Texas 76201 Attn, Director of Utilities 114- IN WITNESS WM REOF, the parties hereto have caused this Agreement to be duly executed as of the day and year first above written, CITY OF DENTON, TEXAS, LICENSOR BY; _ KAY01: ATTEST; CITY SECRETARY NORTH TEXAS STATE UNIVERSITY ATTEST; EXHZBzr A OAK VR£L? HALL, ~ p~ Z LL R OAK ST, HICKORY ST, I Q U W J Q ~ MULBERRY ST Nr5U ARr &VL.OING wTYof DzNTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8200 TD 'CU: City Council Members 2 C; FROM: R. E. Nelson, Director of Utilities Di11'E: February 25, 1983 RE: Public Utility Board Minutes Enclosed please find the Minutes of the Public Utilities Board meeting of February 23, 1583. Respectfully, R. . Nelson Director of Utilities REN:gcr (,C: tile Enclosure MINUTES PUBLIC, JTILITIES BOARD February 23, 1983 Members Present; Chairman, Roland Laney, Marv'n Loveless, Charles Cryan, Loonard Herring, Ed Coomes Staff; Chris ilartun Bob Nelson, Bill McNary, Ernie Tullos, Davtd Ham, Tim Fisher, Earl Jones, Ann Bingman Otherss Jay Anderson, Customer Service Manager, Cite of Denton, Elvin Copeland, Bob Nichols, and Mike Morrison, Freese and Nichols, Incorporated 1. CONSIDER MINU'T'ES OF JANUARY 19, 1983 , PUBLIC _UT11,4TIES &OARD r i : Coomes m`ae~ a motion to accept the --Ni'nutes as stated. Second by herring, five ayes, no nayes, motion carried. 2, WATER TREATMENT PLAINT EXPANSION S'T'UDY BRI.U;~'ING BY BOB NICHtOLS 1,:LV11NCOPE,LANU AND MIKE MORRISON FREESE AND NICh,0LS I 1iCORPORATED; Elvin Cope and report nc~L the study i:c in IT t_! -a rung stages, They have reviewed the progress thus far with the Sta~tf and would like to review with the Board their detailed analysis of the City of Denton's heeds through year 2000 taking into consideration use of Lake I;dy Roberts and cover all alternatives possible. Copeland introduced Mike Morrison who briefed the Board on the effective ways of meeting Denton's needs considering, four points of importance; A. Production Requirements B. Condition and capacity of present f.cilities C, Alternative use of Ray Roberts Reservoir as a water source D. Assiet the City in evaluation of various input poir.t.s to the distribution system. Morrison summarized by stating; the study covered seventeen years up to year 2000. It does not include any internal distribution system improvements or cost comparisons. However, the City will need to upgrade two high service pumps to provide adequate distribution system pumping through 1987. The Study pointed out that the Water Plant was designed to treat ?.5 million gallons pr, day and can treat 24 NIGD for short periods of time. However, the State Health Department has changed its interpretations of regulations and no longer recognizes the 8 MOD overload capability without certain taller media and settling basin modifications. Freese and Nichols estinmLed the cost for such renovations at $1,0001000. Since the City's wrought year usage presently could be ~0 NOD, these improvements are needed as soon as possible. -2- The Study investigated severml alternatives including: A. Continued expansion of the Lewisville Pump Steitiotj and Taw water line plus expansion of the exlstinWater Plant. 8. Interim Improvements to the existing Wi Ler Plant sc,d raw water lines and pump station prior to completion of the Itay Roberts Lake. 11, A puLlp station on Kay Roberts Lake with o raw water to the existing War.,er. Pleint with an expansion of the existing Water Plant. D. A pump station on Ray Roberts Lake with ti raw water line to a new Wacer Plrtnt located on the north side of Denton. L. Locating a new Water Plant at Ray Roberts Lake with gr,a,~und storage and hi;;h service pumping located on the north side of Denton. The capital costs for the various alternatives ranged generally from $19,000,000 for alternative U to $23,000,000 for alternative A. The pumping costs were much less for alternatives that Look raw water from Ray Roberts Lake. Nelson advised t.hat inquiries j.,egarding treated water 'irom north Denton Col,;nLy communities s'.7ould be considered in final. selection of plant location. Nslson stated that with the Hoard's approval, the City Staff would, take this preliminary study information and visit with surrounding communities to better determine future treated water uses. Freese and Nichols advised they would proceed with the Study and have a final report in approximately 1 1/2 months. No iurLher board action was required. 3. CONSIDER ENGINEERING S!')IMCES CONTRACT WITH 1?REUSE AND NiC.c~)L; CUR URAT 'D, FUo-IiYHR t LUAi by Uh~U~ f` N +I'KL Lt7V OF PLANS SPECIFICATIONS AND BIDDING DOCUMENTS FOR A BACKUP 'HIGH SL'RVIGL PUMP-1iNG UNIT AND ASSOCINPED 1l IT'1[VG t1'f 4lA'1'Llt ~1KL t 1' PLANT; Ham reviewed the necessity of add rig a high service pump referring the summer of :L980 when we had all humps going for extended periods of Lime with concerns that if one of the pumps went out we would not be able to keep up wits, the Cityy's needs. The StaIi' proposed that Freese and N i Z h o I s cavaluate location of the pump, prepare plans and specifications, make recommenuations, review bids, and m,in itor the COnstruCtion. The money is uvaiiable for the estimated $22,400 engineering costs and the estimated ,$1.25,000 pump COQ ,t. r ..3_ After a brief discuasion, Cryan made a motion 'that the engineering contract be sent to the Council with the boa*d's recomme~IdaCfon of approval. Second by (;oonles, live ayes, no nayes, otion carried. 4, CONSIDER COST OR MCC SUMMtARY. ~MktsI 570041) !?OR STEP III PROURT (-48 11881 5 i-'Olt t'REESL AND hICHULS, Lill GORPUit~U; Elvin C~pelanci o Freese an Nicho s, Incorporated, riefecs the Hoard of their evaluation of the advanta is vs disadvantages of specifying a variable frequency drive a magnetic coupling drive, it was determined ':hat tha variable high fregv:ency drive had the best effici•-:ncy which could nave appruxima:ely $17,660 per year in electricity costs. The total cost of this revised basic engineering is ,$5,624 which could possibly be recovered as part of the grant as an amendment. After brief discussion by the board, Laney made a motion that the Board make appropriate recommendation to the COlit'scii. for a proval, Second by Coomes, four ayes, one abr<r..t,nt.ion (Herring), motion curried. 5. CONSIDER CHANGE ORDEK 1 CONTRACT •48-1188-13 HICKORY CREEK LIPT S` TA N-WF- REU RIVER GONS1'F1U U _(.1UhtP Y; u David lain reviewer with th- Board on this change. order by stating that the order consisted of construction improvements which were not foreseen at the time of design, however vrere discovered during the time of construction. This change t-iUl consist of: A. Installation of a steel piling frame to r,upport a 24" plug valve in the forced rnain. 6. Deleting equipment listed in the design h3 and substitute with additional auLoinatic switching equipment. Total Increase. $6,127.43 Source of Funds Bond funds and possible recovery from Environmental Protel, tion Services. After discussion by the Board, Laney rn,,ide a motion that the Board recommend to the City Council to approve this change, second by Goornes, five ayes, no nayes, mol:ion carried. •.~~rrrrr~r~rrr ,4- b , IME I VL RE PORT FROM FINANCE D l k (CXTOR BILL MCN~ tt~~ ON 193 Ai E(UA:, AUDIT ill Re Nary gave a )r d review of the1 = Aiimm t a[. Audit by stating that it was a year of improvement, apparently we are going in the right direction. He noted that this was the first year that we had a "clean" auditors re fort statingg that the market. value electric plant asset re-evfiluation done in 1968 was taken out this year so as to correctly reelect ai;*e-ts at book value. He die note the ar" Itors called attention to the following: A. The receivables had grown and the auditors recommended that we neeued to address and establish a collection office possibly. B. Bad debts vs. uncollectibles. C. There were a numbur of City departments that had gotten behind in their own utility billing payment. (The City has already taken corrective action on this.) Overall the audit was positive and the utility was in good condition. A brief discussion by the Board followed McNtzryIs report, No further action by the hoard was required on this item. 7. REVISION OF TOURIS'L' CU,rI~'IS AND _TRAIL; R PARKS ORDINANCE: 't here MrQ prov sions in Y the present ordinance, Chapto.r 23, which appear to be too restrictive with regard to rental mobile home arks and travel trailer parks. The Planning and ZonIrig commission is in the process of revising-this ordinance. The first change recommended by the Staff was that a master meter be placed at the property lines to serve tourist court's and trailer parks. The second change was that a ba.c :flow preventor shall be required to be placed at' the property line on the discharge side of the master meter. The third c'hvan,e recommended by the Staff was that all power lines shall e located underground. All underground condLIctors shall be in approved conduit. After considerable discussion and concerns expressed by the Board regarding the correct wording that the ordinance be clef r, a motion was made by Laney to approve (:he changes to ordinance, Chapter 23 anti that they be sent to the P&Z to be implemented. Second by Cryan, five dyes, no nayes, motion carried. 8. CONSIDER EASEMENT ABANDONMENT - GOLDEN TRMNGLE CORPORAL' ION - JAtNIE ; DOUGHERTY AD I)I't'ION; L;rnie Tullos reported that the Developer hasr equested abandonment of the. 16' easement along the eiast side of Cho development which is not used. The Developer has given a 16' wide easement in place the requested abandoned easement. -5- After a brief discussion, Cryan made a motion theft the board recommend a quit claim document: to the City Council. Second by Goomes, five ayes, no nayes, motion carried, 9. RECEiVE REPORT FROM UTILITY BOARD INFORMATION HA0101300K COMMITTEE Cryan reported that the Committee had rioted various changes but overall the handbook was a good source of informat.idn. Howevar, they did not think if should he sent to all customers as the proposal had indicated. They recommended that a few copies be printed up and used to give to new customers and to be used by the oustotner service employees for talking with o.,N.u-4tomers. The Committee said something sent monthly to the public as an informational source would be more effective and less expensive, Hartung reported that prices were being assembled on cost per book for printing plus other alternatives to the mass m~,,ling were being considered, When this information was available, it would be presented to the board -;nd further discussion could follow. No further action by the board was requiref on this item. 10. EXECUTIVE SESSIW1 11FWIAINING TO LITICATION: At M45 p.m., the Guar went into Exucutive Session, The Executive Session was ad;jolarned at 1105 p,m. 11. CONSIDER AC'T'ION ON CONSTRUCTION OF' A PECAN CREEK Dee FOR PITt. FELIX CALLAHAn: The Staff withdrew this item. 12.. DISCUSS UTILITY ACCOUNT MVIEW COMMITTEE: McNaty briefed the Board on tFn uncrfo-ns of t~ l `ITl" Account Review Committee stating that in 1952, 42 different accounts had been scheduled to appear before the Review Committee, 'T'here had been 9 people who either settled up or did not show, 21 made contracts for hardship purpose:s to pay our their utility debts, Of 'those 21, 5 defaulted, 3 have completed their contracts, Eight (8) people had appeared eegarding disputed bills, After a brief discussion, Leonard Herring recommended that the Reverend Kasberry be added to the committee. Nelson advised that this type of appointnent would have to be throu911 ordinance change approved by the Council. he said that he would contact Reverend Rasberry to explore the possibility and his interest: and we would review this again at the next meeting of the board, Herring also requested that the Staff make contact with I::he Lone Star Gas and 'T'P&L assistance program to check out the legalities rind possibilities of the City contributing to such a program which Is helping people who are having hardships with utility bills. A report will be otade by the staff at the next meeting regarding any passible action that can be taken by the City. No tuether action by the board was required at this time. -6- 13, RECEIVE R.GPUt, iUN GL10iCTRIG RATE REVIEW; herring brought the Boar up-Co-date on the progress of the Review Committee by stating that they were slowly moving forward. 'T'here are a multitude of items to discuss and self interests of the members had become apparent, Herring requested that the 6% equity item be discussed at an appropriate time. Nelson explained that we had run some sample rates ano he wanted to stress that it was still, in the draft form only at this time. Residential accounts would be increasing 15-20%, the large commercial decreasing approximately 879. We would now take our input and run it on a seasonal rate and present the result at our next review committee meeting ►March 7. 't'here was a brief discussion by the Board and no further action on this item was required, 14. REGEIVE REPORT FROM CHAIRMAN ROLAND LANEY ON APPA WINTER COMMITTEE KEE'rILAGS FEB. 7~1U~ 82 Laney reported that because o our time constraints and the late hour, that he would like to reserve time at the next meeting to discuss his report because there were some good points covered in the meetings. 15. CONSIDER 0PTIUN AGREEMENT TO SELL DIESCL ENGINES: Nelson advised that the City had received a 6 month option agreement from P & H Contractors, Good Land, Kansas, to purchase the five diesel engines for a total of ;300,000. He also advised that international Power Machinery Company had offered to pur~base two of the engines for $120,000 but tic offer on the other three engines. He also noted that it would cost $400,000 to remove the engines if they could not be sold. After a brief discussion by the Board, Laney made the 7,otion that the Board recommend to the City Council acceptance of the first option by P & is Contractors, Incorporated, Second by Coomes, five ayes, no nayes, motion carried. 16. CONSIDER RAILROAD WIRELIKE .LI{:ENSE MISSOUI'.T PACIFIC RAILROAD CUmPANY AND RESOLUTION AUTHOit IGIN l MAYOR TO EXECUTE SAID LICENSE ON BEHAEF U MC-CITY o _DEN'1 ~uT u rePort-etaL the Missouri Pacific Railroad Company has waived the usual consideration as this power line serves a railroad facility. Cryan made the motion that the board recommend to the, City Council approval of the resolution as is. Second by Coomes, five ayes, no nayes, motion carrieu. 17. UTILITY U1lE;C01UR'S U D ; a- 0 A, NTSU Le isl tion, Coomes asked the question, "Do we have a Kesolu on to lie North 'Texas State Iniversity situation's" Hartung reported that they had met with North Texas State University three weeks ago. It was a friendly, amicable meeting; and that the final outcome, as was reported to the paper, was three main points; 1) The City agreed to review current rates to possibly redistribute costs to reflect the large capital investments NTSU made previously in ita own distribution system. 2) North Texas agreed to wait until the committee had completed their work on the proposed rates, 3) The City will continue to strive to achieve commercial rates which aro comparable with other utilities in the next five yearn through the use of other fuels. 4) The City and NTSU %gill study, in partnership, the fea,ibi&.y of cogeneration of powor utilizing City owned facilities. B. Board f'lanni18 ketreat; Nelson asked if the Board could like to have a Board ReLreat Planning Session. He suggested the date of March 5, 1,983, starting at 9;00 a.m. through 4;00 p.m. at the Service Center, After a brief discussion, the board members were available and could attend, except for Coomes, who had prior committment, so the date was set for the board Retreat as March 5, 1983, G. Tour of Gibbons Creek Plant; Nelson Invited the board to join the e ectrica c sLr uLion personnel in a tour of the Gibbons Greek Plant scheduled for Saturday, March 19, 1983, A bus would plan to leave Denton at 7;00 a.m, and return to Denton of approximaLely 10,00 p.m A short meeting was called for March 10th, time to be announced later, when plans are firm. The next regular Board meeting will be March 23rd, 7;30 p.m., in the Civil Defense Room. With no further business, the meeting was adjourned at 12:10 a.m. 17930 CERTIFICATE OF AUTHENTICITT THl$ IS TO CERTIFY that the mlcrophnlographs appearing an this FIIm•FIIo % CITY COUNCIL AGENDA PACKET 03/01/83 ,.and Sienttn~ with...........,...-.-.~---•~-~-- f:ndln~ with CITY COUNCIL AGENDA PACKET are 11 CITY OF DENTON accurate and comploto mproducilons ad iho records of (Company and popl,),.....,._.,_...... CITY SECRETARY as dolivored In the regular course of kruolnoss for pholographlnq, M Is further cer/illod Thal iho mlcrophota aphlc processes were eccompllshod in a rnannoc and en Alm which ms*ls wilh r.quiromonls of !ho Nailarial bureau of Standards for p*rmanonl mlcrophol"rop:ric sopy$ rAlcre • Reoord0_00mPW~.., ate, ~i ra,t ICCHnoLoo Y AT(OWIK PLACE rua uQIt%pkfk RaW+.._. 5teto Arlingloo, Texas 76010