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HomeMy WebLinkAbout03-19-1985 C I Ty COUNCIL AGENDA 03- l9- 85 14 i i ~t s r Y'a' ,e'•~ -q _y z r: AGENDA CITY OF DENTON CITY COUNCIL • March 19, 1985 Tour of the new landfill site by the City of Denton City Council on Tuesday, March 19, 1985, departing from the Municipal Building parking lot at 4:00 p.m. 4:00 p.m. 1. Tour of the new landfill site. Work Session of the City of Denton City Council on Tuesday, March 19, 19859 at 5:30 p.m. in the Civil Defense Room of the Municipal Building at which the following items will be considered: S:30 P.M. 1. Discussion of mass transit planning. 2. Consideration of proposed changes in the Federal budget and pro pose! regulations affecting municipal bonds. 3. Receive a report on cost estimates for sidewalks. S 4. Executivo Session: A. Legal Matters Under Sec. -2(e), Art. 6252-17 V. A. T.S. B. 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 Under Sec. 2(g), Art 6252-17 V.A.T.S. Regular Meeting of the City of Denton City Council on Tuesday, March 19, 1985, at 7:00 p.m. 1,n the Council Chambers of the Municipal Building at which the following items will be considered: 7:00 p.m. 11 Consider approval of the Minutes of the Regular Meeting of February 19, 1985 and the Special Called Meeting of February 26, 1985. 21 Consent Agenda: 18ach of these items is recommended by the Staff and approval thoreof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda tuthorixes the City Manager or his designee to imp) em'aht each item- in accordance with the Staff recommendations. ni y ~g y'' q 'h H +~t k n ~7v / [ a t n? J'i} 5 F. iC ~~fP f i n B ~ S 'Cr rf ~ ro w.~Y d1 l•~ 1t m City of Denton City Council Agenda March 19, 1985 • Page Two A. Bids and Purchase Orders: Listed below are bids and purchase orders to be approved for payment under the Ordinance section of the agenda, Detailed back-up information is attached to the ordinances (Agenda items 4.A, and 4.B). This listing is provided on the Consent Agenda to allow Council Members to discuss any item prior to approval of the ordinance. 1. Bid # 9394A - Pathological incinerator 2. Bid # 9398A - 30 cubic yard containers 3. Bid # 9411 - Police dictation system 4. Bid # 9413 - Office furniture S. Bid # 9414 - Water treatment chemicals 6. Bid # 9415 - Office operating supplies 7. Bid # 9419 - Landfill fencing Y 8. Bid # 9420 - Golf equipment and supplies 9. Bid # 9422 - Truck bed and bodies 10. Bid # 9423 - Line stringer 11. Hid # 9424 - 8 inch water meter 12. Bid # 9425 - Padmount switchgear 13. Bid # 9429 - Air paks 14. Bid # 9418 - Demolition and clearing of lots 1S. Bid # 9426 - Cleaning and painting of ground level water storage tanks B. Plats, Replats and Site Plans: 1. Approval of preliminary plat of the Creekside Addition, Block 1, Lot 1, (The Planning and Zoning Commission recommends approval.) . 2. Appproval of ppreliminary plat of the Xelsoe 4itner Addition, (The Planning and Zoning Commission recommends approval.) ryw < F:9y r {sN Plt' 2, f aqy a " '~p ' P"~t^t .1 R.r!.i K r City of Denton City Council Agenda March 19, 1985 Page Three 3, Approval of preliminaryy and final replat of the John A. Hann's Addition, Block 2, Lot 4-R1. (The Planning and Zoning Commission recommends approval.) 4. Approval of site plan revision of PD-22 (John Knox/Lake Forest Village Retirement Center). (The Planning and Zoning Commission recommends approval.) C. Bid on Sale of City Property: 1, Bid ! 9417 Sale of City owned excess right-of-way on Carroll between Prairie and Highland 3. Public Hearings: A. Hold a public hearing on the petition of tho City of Denton for annexation of approximately 136.58 acres beginning appproximately SOO feet east of the centerline of U.S. Highway 377 and south of Brush Creek Road (A-11). B. Hold a public hearing on the petition of the City of Denton for annexation of approximately 65.12 acres beginning 3SO feet south of and perpendicular to the centerline of U.S. Highway 380 and east of. Ceesling Road (Capricorn Mobile Home Park and surrounding property) (A-13). C. Hold a public hearing on the petition of R. 0. McDonnell for annexation of approximately 34.60 acres of land situated in the M, Forrest Survey, Abstract No. 417, and beginning approximately ZSO feet south of and perpendicular to the centerline of FM 426 and approximately 2,000 feet east of Mayhill Road (A-14). D. Hold a public hearing on the petition of the City of Denton for annexation of approximately 42.3S acres of land situated in the S. Huitar Survey, Abstract No, S14, and beginning approximately SOO feet north of and perpendicular to the centerline of U. S, Highway 380 and west of Masch Branch . Road (A-1S). B. Hold a public hearing on the petition of Hammett 4 Nash, Inc. and the City of Denton for annexation of approximately ISO acres of land located west of Playhill Road approximately 4,000 feet north of I-35 and adjacent and north of the MK4T Railroad (A-17)0 } ! E r~ } hf yd#. ~f ,n, ak ~;.@ ~ YVI IS{}t,,~ en ~i q ~o as',4 i % City of Denton City Council Agenda March 19, 1985 Page Four • F. Hold a public hearing on the petition of Redditch Investments Corporation for annexation of approximately 60.38 acres situated in the G. Walker Survey, Abstract No, 1330, and beginning adjacent and east of Edwards Road (A-18). 4. Ordinances: A. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services; providing for the expenditure of funds therefore; and providing for an effective date. B. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements; providing for the expenditure of funds therefore; and providipg for an effective date. C. Consider adoption of an ordinance approving an agreement between the City of Denton and American . Appraisal Associates, Inc. for inventory and appraisal services. D. Consider adoption of an ordinance approving the establishment of light industrial (LI) zoning an a 111.7 acre tract in the B, B. B. and C.R.R. Company Survey, Abstract 141, and the R. Whitlock Survey, Abstract 1403. The tract is located north of Westgate Hospital and Medical Center, approximately 600 feet west of the Interstate Highway 3S north service road and adjacent and east of the Atchison, Topeka and Santa Fe Railroad (Z-1712). (The Planning and Zoning Commission recommends approval.) E. Consider adoption of an ordinance approving a change in zoning from the agricultural (A) classification to the planned development (PD) district for light industrial (LI) uses on an approximately 94.3 acre tract in the Gideon Walker Survey, Abstract 1330. The pro pparty is located on the east side of Mayhiil Road approximately 1600 feet south of F14 426 (East McKinney Street) and is more particularly described as Tracts 1F9 IF1, 1C, 1A and 1E of the Gideon Walker Survey, Abstract 1330 (Z-1717). (The Planning and Zoning Commission recommends approval.) A c~ Y 11'°',T! P N ~7 . le .p. et ^h i`fiP P:.n r V s ^ l 4( f Y 'i0 1.P C j, r City of Denton City Council Agenda March 19, 1985 Page Five • F. Consider adoption of an ordinance approving a change in zoning from the agricultural (A) district with a specific use permit for a mobile home park to the general retail (GR) zoning district on a 2.9 acre tract situated in the Stephen Hembrie Survey, Abstract 643. The property is located at the northeast corner of Robinson Road and FM 2181 (Teasley Lane) (Z-1720). (The Planning and Zoning Commission recommends approval.) G. Consider adoption of an ordinance approving a change in zoning from the single family (SF-7) district to the planned development (PD) classification on a 4.4 acre tract situated in the Alexander Hill Survey, Abstract 623. The F roperty is located at 1'213 Bernard Street Z-1721). (The Planning and Zoning Commission recommends approval,) H. Consider adoption of an ordinance approving a change in zoning fr-)m the single family (SF-10) district to the planned development (PD) classification on a 19.8 acre tract in the R. • Beaumont Survey, Abstract 31. The property is located on the east side of Hinkle Drive approximately 800 feet north of University Drive (U. S. Highway 380) (Z-1724). (The Planning and Zoning Commission recommends approval.) 11 Consider adoption of an ordinance authorizing the expenditure of funds by the City of Denton, Texas for the purchase of real propert• situated in the B.B.B. 8 C.R.R. Co. Survey, A~strict No. 1850 City and County of Denton, Texas, being 'all of lots 11, 12 and 139 Block 2 of the Oatman Addition to the City of Denton, accepting a warranty deed therefore from Infinity Energy, Inc., and declaring an effective date. J. Consider adoption of a ordinance approving an agreement providing for the sale of eloctric power by the cities of Denton, Bryan, Garland and Greenville and Brazos Electric Power Cooperative, Inc. (referred to as "TMPP") to Texas Utilities Electric Company (referred to as 19TUEC11) and authorizing the Mayor to execute the.agreement. (The Public Utilities koard recommends approval.) • f, ~ ~43 ~r ~ 41 y ~ 1 ♦ 'r:r~ 1 Xi 1 •y .,a n 4b } •~.~1 v, 1 ac City of Denton City Council Agenda Harth 19, 1985 rage six 5' Resolutions: A. Consider approval of a resolution by the City Council of the City of Denton, Texas, relating to the approval of the issuance of certain refunding bonds by the North Texas Higher Education Authority, Inc.; approving the issuance of such bonds and making certain findings in connection therewith. B. Consider approval of a resolution authorizing the inclusion of the City of Denton, Texas, within the "Eligible Loan Area" in connection with Denton County Hous•.ng -Finxince Corporation Single Family Mortgage Revenue Bonds, Series 1985. C. Consider approval of a resolution authorizing the closing of a portion of Fry Street between Oak and Hickory streets from 8:00 a.m. until 7:00 p.m. on Saturday, April 20, 1985 for the Sigma Alpha My Fraternity annual Spring Rennaissance, 6. Consider request for funding from Flow Memorial Hospital Board of Directors. • 7. Official Action on Executive Session Items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments 8. New Business: This item provides a section for Council Members to suggest items for future agendas. C E R T I F I C A T E I certify that the above notice of meeting was posted on the bulletin boazd at the City Hal of the City of De ton, Texas, oa. m. }e r/`- day of 1995 at o'clock 1 WTI -bjbj(;JKkiTXkT 4j 1687C F O •~'f .1. nS • ry a .r l AGENDA CITY OF DENTON CITY COUNCIL March 19, 1985 'four of the new landfill site by the City of Denton City Council on Tuesday, March 19, 1985, departing from the Municipal Building parking lot at 4:00 p.m. 4:00 p.m. 1. Tour of the new landfill site. Work Session of the City of Denton City Council on Tuesday, March 19, 1985, 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. 1. Discussion of mass transit planning. 2. Consideration of proposed changes in the Federal budget and proposed regulations affecting municipal bonds. 3. Receive a report on cost estimates for sidewalks. 4. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V. A. T. S. B. 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 Under Sec. 2(g), Art 6252.17 V. A, T. S. Regular Meeting of the City of Denton City Council on Tuesday, March 19, 1985, 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. Consider approval of the Minutes of the Regular Meeting of February 19, 1985 and the Special Called Meeting of February 26, 1985. 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 19, 1985 Page Two A. Bids and Purchase Orders: Listed below are bids and purchase orders to be approved for payment under the Ordinance section of the agenda. Detailed back-lip information is attached to the ordinances (Agenda items 4.A, and 4.B). This listing is provided on the Consent Agenda to allow Council Members to discuss any item prior to approval of the ordinance. 1. Bid R 9394A - Pathological incinerator 2. Bid 0 9398A - 30 cubic yard containers 3. Bid # 9411 - Police dictation system 4. Bid 1 9413 - Office furniture S. Bid # 9414 - Water treatment chemicals 6. Bid # 941S - Uffice operating supplies 7. Bid 1 9419 - Landfill fencing 8. Bid 1 9420 - Golf equipment and supplies 9. Bid Y 9422 Truck bed and bodies 10. Bid 0 9423 - Line stringer 11. Bid 0 9424 - 8 inch water meter U. Bid # 9425 - Padmount switchgear 13. Bid # 9429 - Air paks 14. Bid 1 9418 - Demolition and clearing of lots 15. Bid Y 9426 - Cleaning and painting of ground level water storage tanks B. Plats, Replats and Site Plans: 1. Approval of preliminary plat of the Creekside Addition, Block 1, Lot 1. (The Planning and Zoning Commission recommends approval.) Z. Approval of preliminary plat of the Kelsoe-Pitner Addition. (The Planning and Zoning Commission recommends approval.) rc4 i1 f. s. Na rye, 4 ?.-0'.w.. Jr r I, v L....;.i ~f, ~ f." r y! rw4 a "L y 1 r ,"1 . I 4 a City of Denton City Council Agenda March 19, 198S Page Three 3. Approval of preliminary and final re plat of the John A. Hann's Addition, Block 2, Lot 4-R1. (The Planning. and Zoning Commission recommends approval.) 4. Approval of site plan revision of PD-22 (.John Knox/Lake Forest Village Retirement Center). (The Planning and Zoning Commission recommends approval.) C. Bid on Sale of City Property: 1. Bid i 9417 Salo of City owned excess right-of-way on Carroll between Prairie and Highland 3. Public Hearings: A. Hold a public hearing on the petition of the City of Denton for annexation of approximately 136.S8 acres beginning appproximately F00 feet east of the centerline of U.S. Highway 377 and south of Brush Creek Road (A-11). B. Hold a public hearing on the petition of the City of Denton for annexation of approximately 65.11 acres beginning 350 feet south of and perpendicular to the centerline of U.S. Highway 380 and east of Geesling Road (Capricorn Mobile Home Park and surrounding property) (A-13). C. Hold a public hearing on the petition of R. 0. McDonnell for annexation of approximately 34.60 acres of land situated in the M. Forrest Survey, Abstract No. 417, and beginning approximately 250 feet south of and perpendicular to the centerline of FM 426 and approximately 2,000 feet east of Mayhill Road (A-14). D. Hold a public hearing on the petition of the City of Denton for annexation of approximately 42.35 acres of land situated in the S, Huizar Survey, Abstract No. 514, and beginning approximately S00 feet north of and perpendicular to the centerline of U. S. Highway 380 and west of March Branch Road (A-1S). B. Hold a public hearing on the petition of Hammett $ Nash, inc. and the City of Denton for annexation of approximately ISO acres of land located west of Mayhill Road approximately 4,000 feet north of 1-35 and adjacent and north of the MK$T Railroad (P.-17). ,"ar ! r n,' a`, City of Denton City Council Agenda March 19, 1985 Page Four F. Hold a public hearing on tho petition of Redditch Investments Corporation for annexation of approximately 60.38 acres situated in the G. Walker Survey, Abstract No. 1330, and beginning adjacent and east of Edwards Road (A-i8). 4. Ordinances: A. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services; providing for the expenditure of funds therefore; and providing for an effective date. B. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements; providing for the expenditure of funds therefore; and providing for an effective date. C. Consider adoption of an ordinance approving an agreement between the City of Denton and American Appraisal Associates, Inc. for inventory and appraisal services. D. Consider adoption of an ordinance approving the establishment of light industrial (LI) zoning on a 111.7 acre trace in the B.B.B. and C.R.R. Company Survey, Abstract 141, and the R. Whitlock Survey, Abstract 140. The tract is located north of Westgate Hospital and Medical Center, approximately 600 f3et west of the Interstate Highway 35 north service road and adjacent and east of the Atchison, TopA a and Santa Fe Railroad (Z-1711). (The Planning and Zoning Conmission recommends approval.) E. Consider adoption of an ordinance approving a change in zoning from the agricultural (A) classification to the planned development (PD) district for light industrial (LI) uses on an approximately 94.3 acre tract in the Gideon Walker Survey, Abstract 1330. The propperty is located on the east side of Mayhill Road approximately 1600 feet south of F14 416 (East McKinney Street) and is more particularly described as Tracts iF, 01, 1C, IA and IE of the Gideon Walker Survey, Abstract 1330 (Z-1717), (The Planning and Zoning Commission recommends approval.) City of Denton City Council Agenda March 19, 1985 Page Five F. Consider adoption of an ordinance approving a change in zoning from the agricultural (A) district with a specific use permit for a mobile home park to the general retail (GR) zoning district on a 2.9 acre tract situated in the Stephen Hembrie Survey, Abstract 643. The property is located at the northeast corner of Robinson Road and FM 2181 (Teasley Lane) (1-1720). (rhe Planning and Zoning Commission recommends approval.) G. Consider adoption of an ordinance approving a change in zoning from the single family (SF-7) district to the planned development (PD) classification on a 4.4 acre tract situated in the Alexander Mill Survey, Abstract 623. The M ropert}' is located at 1213 Bernard Street Z-1721). (The Planning and Zoning Commission recommends approval.) H. Consider adoption of an ordinance approving a change in zoning from the single family (SF-10) district to the planned development (PD) classification on a 19.8 acre tract in the R. Beaumont Survey, Abstract 31. The property is located on the east side of Hinkle Drive approximately 800 feet north of University Drive (U. 5. Highway 380) (Z-1724). (The Planning and Zoning Commission recommends approval.) 1. Consider adoption of an ordinance authorizing the expenditure of funds by the City of Denton, Texas for the purchase of real property situated in the B.B.B. & C.R.R. Co. Survey, Abstract No. 185, City and County of Denton, Texas, being all of lots 11, 12 and 13, Block 2 of the Oatman Airiition to the City of Denton, accepting a warranty deed therefore from Infinity Energy, inc., and declaring an effective date. J. Consider adoption of a ordinance approving an agreement providing for the sale of electric power by the cities of Denton, Bryan, Garland and Greenville and Brazos Electric Power Cooperative, Inc. (referred to as "TMPP") to Texas Utilities Electric Company (referred to as "TUEC") and authorizing the Mayor to execute the agreement. (The Public Utilities Board recommends approval.) K i.ylr »r4P r!a n a ~r - r w a 'N s ",a rfi •aV ~~r .R5 Y. lr r"..`. Yf!:''`r. r r I,i rain r'.i ri L yr City of Denton City Council Agenda Mar.h 19, 1985 Page Six 5. Resolutions: A. Consider approval of a resolution by the City Council of the City of Denton, Texas, relating to the approval of the issuance of certain refunding bonds by the North Texas Higher Education Authority, Inc.; approving the issuance of such bonds and making certain findings in connection therewith. B. Consider approval of a resolution authorizing the inclusion of the City of Denton, Texas, within the "Eligible Loan Areal' in connection with Denton County Housing Finance Corporation Single Family Mortgage Revenue Bonds, Series 1985. C. Consider approval of a resolution authorizing the closing of a portion of Fry Street between Oak and Hickory streets from 8:00 a.m. until 7:00 p.m, on Saturday, April 20, 1985 for the Sigma Alpha My Fraternity annual Spring Rennaissance. 6. Consider request for funding from Flow Memorial Hospital Board of Directors. 7. Official Action on Executive Session Items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments 8, New Business: This item provides a section for Council Members to suggest items for future agendas. C E R T I F 1 C A T E 1 certify that the above notice of meeting war posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of , 1985 at o` clock (a. m. ) p. m. 1687C ;bb Y,~(( '~'~~~A '„w✓~'~~.~ti r ,.rn 5~ hP r Yu r y },y~`.r ~J i r4ei a ~1 A V tl Y W by 4 [L DATE: Oil l 165 CITY COUNCIL REPORT MATT e T0: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: MASS TRANSPORTATION PLANNING R4COMMENDATION: None SUMMARY: This is a summary of activities carried out by the Planning and Community Development Department regarding mass transportation planning. BACKGROUND: This to the response to Councilman Hopkin's request. PROGRAMS, DOPARTMENTS OR GROUPS AFFECTED: Citywide ISC L IMPACT: None at this time. V~Aubmi e G. Chris Hartung City Manager Prepared by: Jeff MeyaZACN3 Director of Planning and Community Development 10168 WY: f DENTON, TEX" MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8200 MEMORANDUM DATE: March 13, 1985 TO: Mayor and Members of the City Council FROM: Jeff Meyer, Director of Planning and Community Development SUBJECT: MASS TRANSPORTATION PLANNING Although formal policy regarding mass transportation planning in the City of Denton is restricted to those policies in the Denton Development Guidel, mass transportation planning is an on-going activity in the Planning and Community Development Department. In addition to calculating trip generation for each zoning case, staff also analyzes the probable impact of projected mass transportation routes and loading areas retarding proposed zoning. Because these potential locations seem o be quite stable projections can be made with a large degree of certainty and accuracy. Adding some technical assistance to the transportation planning process is the Denton Transit Feasibility Study, published by the Regional Planning Office of the State De artment of Highways and Public Transportation in lugust, 19820 Excerpts of that study are offered as examples . The City is, of course, involved in mass transit through its financial assistance and monitoring of the SPAN and Nandi-Hop programs. These programs provide transportation services to the elderly and the handicapped within the city limits. 1 See Attachment A 2 See Attachment B t !a , Y, r a i" t' t a,~^a ,~:i Lit City Council starch 13, 1985 Page 2 The League of Women Voters have been very active in studyying the mass transportation needs in Denton. The staff of ttie Planning and Community Development Department has worked with this group, providing background information as requested. Staff membership on the North Central Texas Council of Gov- ernments (NCTCOG) Regional Air quality Task Force is also concerned with mass transportation. The transportation cycle, from refinery to vehicle exhaust, is still the major cause of air pollution in this area. Although the vast majority of air pollution measured in Denton County is caused by Dallas and Tarrant Counties, abatement measures including mass transpor- tation options do affect Denton. Attachment C identifies the impact problem. The air quality issue is indicative of the regional nature of studying mass transportation for Denton. For example, even if Denton wished to link with the mass transit systems in the metroplex, it would be difficult to do so without the partici- pation of the communities separating Denton from the large urban transportation systems. Complicatip the issue even more is the changing mood o the mobile public costs of operating private vehicles. The City Council addressed the issue of mass transportation at the 1984 Tanglewood Retreat. Goals were defined4, but not formally adopted. It is expected that these goals will be part of the Council's strategic planning process. Like so many other things, action follows demand. If the public demand and accompanying willingness to pay are suf- ficient, it is conceivable that the planning and subsequent implementation processes will be accelerated. In the meantime, staff will continue to monitor and evaluate the ation l whand local en requested, and transportation n look situation, to i the City C il inform for further direction. 3 See Attachment D 4 See Attachment g e jg Attachments 0735] $ ,.V v~ ,t R:4ri r~~ c~i n "_i / •et v t 't. ~"x i i ~'a° ~~«Y✓ r lS {.~7 7 ,+ii w V~"~F- ATTACHMENT A DENTON DEVELOPMENT GUIDE POLICIES 5 Se° ~t k N ti r~ .i' Mr n n r . , YY ^'~i r f r Sy f ,~/FFv ! lv r. r Y 1 6. MASS TRANSrr This Men by Policy recognite= On tncreastrely important need for mass transit. Any large concentrations of development will, at some time, reegdre mass transit if the land use b=sportatton balance is to be maintained However, our problem is not totally long range. Today our energy problems become more critical by the day. Therefore, the overall policy of this guide is to start today on localized mass transit and to lay a long range plan for inter-regional mass transit networks for the future. The graphic concept plan for this is presented in the map on the following pa"I PACE 41 l }}1 ETY J } Jk 1 1 , W w !~J 7 + It S:, ! Y W Y Ft. rA e. Fin 'h4 Fv'li 4`t y ! ,f l~ Y r~ ~f ~ 1 d % I 1.1 1 is • III l poll • t ♦ • II rlu 1 / J-D _ 6 )101 1 V • ~1 • r 1~' 1 abbeft 644 6 Plate 7 MASS TRANSIT CONCEPT PLAN TRANSIT L4NS r i - O Maly Local Stops .,,u~rr■ Regional Mass Transit Line • Regional Transit Stops Me park and ride I ri o I I + m Local Mass Transit Lint PADS 48 ...r_r 1 rrr rrrnJ ATTACHMENT B. DENTON TRANSIT FEASIBILITY STUDY 4' r ~ 1 ° 9 S' ~ r~ 'jy '•~E ~ ~ e r ^A _ ^W E u'~l ~ "'J' T4: • ~ j', •ka ,~r , ~ ' n i I ~ ~ T 7 nenten ' msIt Feasibility Study ~rX i~ v7 = °'i L x d4ti 4 ' ty fll' ! ~'h ~.V k 4 !d r n" ro~u~ f~_`--'r-ti ii y`} a ~ti to a: fn•: S DENTON TRANSIT FEASIBILITY STUDY REGIONAL PLANNING OFFICE STATE DEPARTMENT Of HIGHWAYS AND PUBLIC TRANSPORTATION AUGUST 1987 .;5 Fi t... Jr 1 13Y'r P Yf °I Ya•Ky F[ffYi Mti t ~t9. e' .Y. 3 ~ h V r T aR A A n Trip Generators Two groups of people have been identified as prime transit riders. They are tho transit dependent and commuters. The transit dependent are those who are either too young or old to drive themselves or are those houstSolds which own one or fewer autos and must find other means of transportation when an auto is not available! Several locations in Denton have been identified as possible trans- It trip generators. These are: Downtown Denton, Flow Memorial Hospi- tal, Westgate Hospital, Denton Osteopathic Hospital, North Texas State University, Texas Woman's University, Denton Center Shopping AreL and the Golden Triangle !tail. Downtown Denton is that area around the Courthouse Square. This area has been experiencing a revival within the past several years with new shops and restaurants renovating old buildings. Within a three block radius of the Courthouse are most of the county, federal and city offices for Denton. The three hospitals in Denton create numerous trips per day, The results of the mall-back survey show that fifteen percent of those re- sponding listed one of the hospitals as their destination. North Texas State University had an enrollment in excess of 17,000 In 1980 and Texas Women's University had nearly 8,000 students. Their faculties and staffs make these two institutions the largest employers in Denton. Many of the persons going to 14TSU and TWU either are transit 10 0.K i5:: t7 w; a t yr i +-`d x' J~' s h tis t s S' dependent or have a highly structured work trip, both of which can be easily served by public transit. Indeed, moving people to and from the schools has become such a problem that they have contracted with a private bus company to provide shuttle service for their students. The Denton Center Shopping Area and the Golden Triangle Mall are the major non-downtown commercial areas for Denton. As such, they create numerous person-trips daily. A portion of those trips could be served by transit. The survey results show that more than one-third of those responding would use transit. I I I qn, `4 Both fixed route-fixed schedule (FR-FS) anti demand responsive transit (DRT) have advantages as well as disadvantages. From a scheduling standpoint, the FR-FS system would have regular schedules and routes which build confidence in the customer's vie,-pnint. URT has a highly flexible route .nd 40hedule v+A ch provides customers an extra service. On .-A-FS systems transfer between routes are sometimes needed to complete trips. On DIRT systems no transfers are needed. Seating on DRT is almost guaranteed while on FR-FS systems there are some standees at times. The equipment used by an FR-F~ system can be of any size while ORT needs smaller vehicles In order to nenotiate residential streets. On an FR-FS system, operating expenses can be accurately estimated because route mileage, vehicle hours and opera- tor hours are fixed. On DRT systems these Items are more variable. The fares on DRT systems are traditionally higher, partly because they provide a high degree of service. FR-FS fares are lower. Two reasons for thisare operating expenses can be more accurately estimated and they offer fewer service amenities, such as house-to-house service. In conclusion, either transit type will provide transportation for the citizens of Denton and the decision on which should be used is up to the city council and staff. 16 MAP+y ,Li { a3 Sa3 } ' Service Areas Several possible areas for transit service have been studied. These-include residential, commercial and both university areas, Areas studied are shown on 'r'igure 3• Area 1: This Is the Courthouse Square/Downtown area where a concentra- tion of commercial businesses and government employees make transit a desirable quantity. Area 2:. This area is characterized by both industrial development and lower income areas. Both prime transit marketing groups. Area 3: This Is an area of middle to upper Income level homes and the Golden Triangle Shopping Mali. The mobility of the residents of this area does not contribute to high transit ridership. The shopping mall Is a good transit target because of the large number of trips to a single location. Area 4: This area contains both single family homes and apartment units south of the North Texas State University campus. This area could provide transit passengers If scheduling and routinq Is properly arranged, Area 5: This area runs along the Oak/liickory Street couplet which does commercial strip development serving the NTSU campus. There is also a concentration of apartments which can be serviced by transit. Area 6: This area of single family homes also contains the high school and a hospital/medical area. Both of these traffic generators could be served well by transit. Area 7: This area contains mostly middle-class homes but there are also two nurslny homes within the area which could use transit. 17 11,5 ~Iq)111 VA, ~c, .x 771 Area This Is an area of mostly middle Intone homes. The mobility of the residents of this area identifies It as a traditionally low transit ridership area. Area 9: This is also an area of mostly middle Income homes. The mobil - ity of the residents of this area again Identifies it as a tra- ditionally low transit ridership area. Area 10: This area Is Texas Women's University. This traffic generator has good potential for transit to serve the coileae students. I 18 . . .tA -,e,•. '_.f i.~ i r+' .STN. ~ rt- P, t qoft f Merl' ~ ~ 1~~ ~ ? ~ Ile% T q . , Ile -L E G E N 0 Service Area ; S ca It: I" s Imlle ! _ o SERVICE AREAS FIGURE 3 wr 7 7 - t k. Summary and Conclusions The City of Denton is a vibrant and growing city, and is projected to enjoy continued growth. Several areas and groups have been Identi- fied as potentially transit dependent. The City currently has no tran- sit system serving the general population, although several specialized groups do receive transportation from the current transportation pro- viders. A survey has shown that the public desires to have a public bus system and would probably use it most for shopping, medical and work trips. This study has identified several areas arqund the City that could support transit. It also described a possible organization to support a system. The study outlined two possible types of transit systems for Denton. It then estimated ridership, revenues, expendi- tures and capital costs. A short report on various funding sources was also included. Table 2 summarizes the various systems and options and shows federal, state and local contributions for both operating deficit and capital costs. The percentages used to determine federal, state and local contri- butions are subject to change by both the Urban Mass Transportation Administration and the State Department of Highways and Public Trans- portation. There has been discussion whereby local governments would be expected to be "weaned" of federal assistance within the coming years. This study is presented so that the City Council and staff may make an economic decision as to whether the City sho-ild proceed with planning a public transit system in light of both the current uncer- talnty of continued federal support and their own assessment of the public's attitude toward increased public expenditures. 29 'fir S.SnL y 'l 4q F q ~ :'y r 1 After that decision Is reached, the SDHPT will, if needed, proceed with a more detailed analysis of the service areas, routes and sched- uling for a Denton transit system. The ridership estimates, expendi- ture and capital costs will be further refined. A report on the pro- posed system will then be issued to the City. I 30 w' r: nW 1F, .r ar• rwn a .r,..;; ,c,sru. a ' r~ r I ATTACHMENT C AIR gUALITY MEASUREMENTS 7717, rM 1.2 I'F "'s-vim. ~!T5 . 1: r y :.i .:T;,2 t NUMPFR OF DAPS WITH HOURLY OZONE VALUE'S GREATER THAN 0.12 PPM MONITOR SITE 80 81 82 83 DENTON COUNTY 451420054HOl 9 2 16 DALLAS, SUNNYVALE 451320047HOl 0 1 DALLAS, ILLINOIS 451310052HOl 0 2 1 4 DALLAS, MOCKINGBIRD 451310044HOI 2 6 8 7 DALLAS► BONNIEVIEW 451310055HOI 1 3 DALLAS NORTH, (05) 451310645FOl 10 4 11 7 FORT WORTH, NW, (13) 451880001FOl 4 4 5 1 FORT WORTH► DTN, (16) 451880003FOI 1 0 11- TARRANT, HASLET 455070002FOl 2 0 TARRANT COUNTY, KELLER 455070003FOl 0 5 ARLINGTON 450170005FOl 3 0 _3_ 7777777, 4 A" OZONE EXCEEDANCES HIGH HIGH NO. OF WIND WIND MONITOR SITE YEAR DATE PPM HOUR HOURS SPEED DIREC. DENTON COUNTY 1981 JUL 10 0.13 1400 2 3 SW Hwy 121 AUG 10 0.14 1300 1 3 S 451420054HOl AUG 11 0.13 1400 1 0 N AUG 13 0.14 1700 1 6 N AUG 24 0.14 1500 2 6 SE SEP 11 0.15 1500 3 5 SE SEP 12 0.13 1500 1 4 S SEP 24 0.13 1100 3 9 SE SEP 25 0.13 0100 1 2 S 1982 JUL 13 0.16 1400 3 1 SE JUL 21 0.13 1500 1 1 E 1983 MAY 25 0.13 1500 1 1 S MAY 26 0.13 1600 2 1 SE JUN 8 0.15 1500 3 1 NE JUN 16 0.13 1500 1 1 S JUL 11 0.13 1300 1 4 S JUL 21 0,14 1400 3 5 SE JUL 22 0.13 1200 2 4 SE JUL 30 0.13 1300 1 2 S AUG 5 0.13 1300 1 3 SE AUG 13 0.14 1600 1 3 SE AUG 15 0.14 1500 1 4 SE AUG 25 0.16 1300 3 2 SE AUG 26 0.15 1600 3 3 S AUG 27 0413 1700 1 4 W f. AUG 30 0.13 1600 3 2 SW SEP 3 0,13 1300 1 4 S .7- NUMBER OF WORK TRIPS ENTERING CITIES OF DALLAS AND FORT WORTH z YAt+ of NIB NOIIM.~AMALNIIW , r wwo Dow cam 1,771 169548 21 0165 Hurd (17.6x) (25.4x) (34.5x) 0 Hook 2, 251 w 35.4x) PAIo Pinto Parker Taaam Ddo 0 5,284 (30.6x) KMIIIgt11 3j347 1j062 76708 51889 (24.2x) Johmm Eft (16.4x) Erath somwom 0 0 Nwom 0 P rt ..a tr R• 4'7 y' s. N Y• ,of /f '14: a ' Y' i..f (st [ ] Lr . X4 SX 4u-i'-q r,•~'. ~ r^,~ 'r.~^^r_e rr-~•d-n. y:'.1;S r A'S ! rti -r i ye,', r r .s NuWwr Working Percent Working in Central City in Central City Collin 216165 34.5 Denton 169548 25.4 Ellis 5.894 23.0 Erath 0 0.0 Hood t 1,062 16.4 Hunt 0. 0.0 Johns h 1,i0A 28.4 KaufsN a ` r 3347 24.2 Nawrro' d 0 ; 0 0 Palo Pinto 0 0 0 :x Parker So,-284 3016 Rockwall 2251 ~ x= 35,E So~ervell 0 0,0 Wise 1 111 11.6 a r Ia .r j, Tine !t i~h~~ JH ids d]FWT •yi., Y a..,,'r r.FJ'MUr ra:..,r"h ,evey a x 1r } a' r t ri `~;h rl r s t yrE~. a yt~~'J h;r 1.• t Y a .i 4 sL P e ° '.1 1 ~t .~tj}}wi r ' a PERIMETER COUNTY TRAVEL IMPACT ON DALLAS AND TARRANT COUNTIES (l"O) Perimeter DALLAS COUNTY TARRANT COUNTY Count Daily VNT in Percent of Daily VXT in Percent of (From Dallas County County Total ( Tarrant County County Travel Collin 295569000 7.0 Dallas I 194601000 ( 7.4 Denton 2,286,000 ( 6.3 j 297,000 j 1,5 Ellis 1,345,060 ( 3.7 ( 1010000 ( 0.5 Mood * ( • j 1181000 ( 0.6 Johnson 1720000 j 0.5 1,303,000 ( 6.6 Kaufman 796,000 j 2.2 Parker * ( * ( 1,0780000 ( 5.5 Rockwall 4822000 ( 1.3 Tarrant 515069000 ( 15.1 j 41se * ( * ( 2A10000 1.4 1302711000 36.5 416389000 23.5 Total County YNT 36,400,000 ( 19,60C,00 j * less than 0,611 of total Dallas or Tarraot County travel. 1 w ,.t PERIMETER COUTY TRAVEL IMPACT ON OALLAS ANOJARRANT COVNTISS I Transportation and Energy Department North Central Texas Council of Governments August 1984 ' .r~Y67.t tlnra:+ rb~,~r is tEfif' bar.". 9t tC." ^to1 ;251 i INTERACTION Of PERIMETER COUNTY TRAVEL , ON DALLAS MO TARRANT COUNTIES Mhw Dr.w IMnl i3 t~ ~s LI wa ~ Pao flow Pe" 1~wa1 Oar u ~ N L1 riwhri Moor Li 33 J.Irwow a' s . E~+in So~erwll Home Values represent the percent of travel by perimeter county residents in Dallis and Tarrant Counties, ~ . ~rrrnr S ;l V1}i r ,r. v t 1 M,' J s, v YF S S 1}~¢rii, ATTACHMENT D CHANGING PATTERNS • Cr poo ing grows more popular while M- ass transit use . dechnes By PETER FRANCESE The work force is getting older PEOPLE PATTMS and more of it is professional or Not all Americans get to work white collar. Office complexes can by driving alone in their cars, but the Consumer Expen&ture Sur- be anywhere and often are far that method still is way ahead of yey, the average Amnion house- enough from shopping areas that what's in second place. hold spends more than $3,000 a not having a car at work is incon. Nearly two-thirds of all em. year to own and operate its auto. venlent. Also, halt of all mothers *Yed people (64 percent) drive wr-4 s but oNy X15 a year on with Presihool children are in the al work public traroportation, labor force, and most of them alone. Con- More than S million need a wa sidering the tie Y to go to the daycare very strong r-rPersona walk to work, about equal to the center as well as to wollL desire that number' who take the bus or train. However, there ate large office most people A tiny 2 pemnt of. all employed complexes in places such as Oak- have a be f work only at home, &M, brook, IIL, and Stamford, Conn., alone once in the final 2 percent take taxis, ride that employ enough pr,.pie who awhile, only d. ' a bicycle or motorcycle or use are neighbors In other suburban another somk otheir means. towns to make car or van pooling sharp rise in Given the high cost of owro attractive. Chrysler's minivans, for g a s o l i n e 3 and open a owning example, have been selling as fast ` can more peo- as they can be made and should ! prices will + ale be cajoled out of their can into continue to sell very well as long change the Mass transit. I doubt it. Two as this, trend toward dispersed habits of 63 million solitary trends are working against public white-collar employment commuters poration, and for cars and car continues. pooling or van pooling - The second place choice - car Pooling A there growing L'd is used b about 2o ✓ bo the big Ntir! : e losing In9of the baby boomers Into the by out 20 populolation and jobs v, suburban age 8P• (33 to ~4 and 45 to St) Percent or 11d mdlllon worker. and rural areas. The commuting that own the most can and have halt 1970, when and cars cost leas patterns are shifting from be, the most famgy member em. thaBKk tically gave as much away Y prat- tween suburb and city between ployed. People who own can are percent of comuters reported I I suburb and other suburbs (t rural the most likely to drive them to [carted and suburb. For example, in the work. Not only will this make the driv ing with somebody bleb. Washington, D.C., metro area, autornaken happy, but it also wW Public streetcar or subway - bus. more than twice as many subut- bring a smile to the faces of peo- slated c~ Only 8 is a distant ban worker commute to another ple who manufacture acoessories Y percent of suburb as go into D.C. to work, like car stereos, tape decks and w and orkers get to work that way, ✓ Second, the shifting ag.n other things that make the trips to stighUy dr1970 has declined structure and occupational trends and from won * more pleasant. ccording to will tend to favor cars and vans. • IOU ,r,,Wi.N ov„oo,,,mkr • r r . ATTACHMENT E TRANSPORTATION GOALS .{9~.., 1};~ 1 , y d Y } k +4.•S F :r 'I J tf T, TRANSPORTATION GOALS 1. Establish a bus route to connect TWU, XTSU, the square, and major shopping centers by (insert date) . 2. Develop a bus system to connect najor residential and commercial areas by (insert date) . 3. Develop connections with Dallas/Fort Worth (DART - CITRAN) systems and to the Dallas/Fort North Regional Airport by (insert date) . 4. Continue to develop any support the SPAN and Hands Hop Systems. (Note: Nore specific goals are needed). 5. Expand the taxi systems by (insert date) (Note: Requires more detail . 6. Develop a master transportation plan by (insert date) . 7. Establish a Park and Ride service to Dallas and the DFN Airport by (insert date) . 8. Contract with SPAS for transportation services for the disabled without regard to age by (insert date) . 01/16/86 a .w ~ i DATE: March 19, 1985 CITY COUNCIL REPORT FORM ,D Mayor and Members of the City Council e T0: FROM G. Chris Hartung, City Manager DATE: March 14, 1985 v v SUBJECT: Proposed Changes to Federal Grants for Cities and Federal Tax Law RECOMMENDATION: The City Council should adopt a position regarding the proposed changes to the programs of Federal Assistance to Cities and regarding the proposed changes concerning municipal bonds. SUMMARY: As part of the President's proposed program to cut the Federal b:tdget, Federal aid to local governments will be significantly reduced. Many of these programs have provided assistance to the City of Denton. In addition, as part of this program and as part of an on-going review by the Treasury Department of Federal tax regulations, several changes have been proposed in the treatment of tax exempt municipal bonds. BACKGROUND: The proposed changes would significantly reduce Federal aid to the City of Denton and thereby cause the City Council to eliminate the effected programs cr develop alternate funding sources. The proposed changes to regulations affecting tax exempt municipal bonds would severely restrict the use of these bonds to finance needed rppublic facilities, such as water and sower lines and electric .aci l itiea. PROGRAMS, DEPARYPIENTS OR GROUPS AFFECTED: Virtually all city departments would be affected in some way if the proposed budget cuts snd changes in regulations are approved. FISCAL IMPACT: Sue summary attached. Respeq~f su t d: G. Chris Cit; Mnager Prepared by: • r ame - Title Appr4d • 94:~o aNme~ Title a OPEN GRANTS AS OF MARCH 139 1985 STATE/ GRANT FEDERAL AUENCY AMOUNT Revenue Sharing Federal Department of Treasury 35299121 Office of Revenue Sharing Recreation Services State Texas Rehabilitation 870230 and Training Model Commission Juvenile Law State Office of the Governor 27,791 Enforcement Officer Criminal Justice Division Pro,3ect Crime Prevention State Office of the Governor 13,407 Unit/4 Criminal Justice Division Community Development Federal Department of Housing and 614,000 Block Grant Urban Development Airport Development Federal U. S. Department of 468,500 Grant Transportation Federal Aviation Administration 1398F n ! a T.' ~ 5 7 t~' ~ ,H a'rl F 3^.y ri a'Cli k5 iii t"B.J y PLEASE MAIL THIS QUESTIONNAIRE NO WATER THAN CLOSE OF BUSINESS* ONDAYi FEBRUARY 25j 1985 TO THE U.S. CONFERENCE OF MAYORS Do you wish the information in this questionnaire held confidential? X Yes No CITY Denton, Texas THE IMPACT OF THE PROPOSED FY86 BUDGET ON CITIES 11 General Revenue Sharing a) The Administration's budget proposes to eliminate General Revenue Sharing in FY86. what percentage of your city's tota' revenues including all intergovernmental grants is accounted for by the revenue sharing program? ;_pg b) If revenue sharing is eliminated, what is your city's likely course of action? Check the appropriate items below. Cuts in Services X .Public safety (police and fire) -Human services Sanitation --Capital improvements Health services `Other (explain) 'None Tax Increases X Properky taxes Income taxes X User fees -Sales taxes Other tax hikes (explain) _ Other Actions (explain) c) Do you expect your state government will make up for any of the cut in revenue sharing funds? Yes XNo if yea, what percentage? 8 2. Community Development Block Grant a) The Administration's FY86 budget proposes a 10 percent cut in CDBG and a change in the entitlement cities/small cities ratio from 70/30 to 60/40. This translates into a proposed 23 percent cut for entitlement cities and a • possible 10 percent cut for small cities. What will be the effect of this cut on community development in your city? None X Adverse ..Very Adverse PAGE" Z CITY Denton, Texas Ex plain Request for usage far exceeds amount available. This cut i would not be able to be supplanted wi local-MM. L) Show the percentage of your CDBG that goes into each of the following areas. Economic Development 0 Housing Assistance "'Zi:S' social services 0.51 Public works/in ras ruc ure~~~ _~~~gg~~p% OtherAdmirtistrz2ion/Acguisition ~NI c) which of the areas listed above would most likely be cut in your city as a result of the federal cut? Uncertain at this time. 3. Urban Development Action Grants a) The federal budget proposes to eliminate UDAGs beginning in FY86. What would be the effect of the elimination of the program in your city? _None X Adverse Very Adverse Explain Would intend to utilize in economic development program for core areas. Have anticipated oing sS. • b) How many projects eligible for UDAG funding is your city now applying for or planning to apply for? 0 c) How many dollars in the following categories do these projects involve? N/4 UDAG $ other -public Private $ d) How many jobs would these projects create in your city? Undeterminable. e) How many of these projects do you expect to go ahead without UDAG funding? 0 4. Public Transit The proposed FY96 budget calls for a two-thirds reduction in transit assistance, which would include a tots elimination of federal operating assistance and a rise in the local - match ng share from 2 to 30 percent. The combined effect of this proposal would mean a loss of most of the federal capital assistance as well as all of the transit operating assistance to your urban area. If this budget were approved: • a PAGE 3 CITY • a) Would the fares charged by your transit system increase? Yes XNo If yes, by what percent? b) Would there be a reduction in the number of transit vehicles in service? Yes -.1-No c) Would there be a reduction in routes? lYes _X_No d) overall, what percentage of transit service would be reduced? 2 % reduction of service e) Would the transit system in your city be threatened with a shutdown? _Yes I-No 51 Wastewater Treatment Construction Grants The proposed FY86 budget calls for a four year phaseout of wastewater treatment construction grants, with a likely schedule to be a 25 percent reduction in each of the next four years. During those four years, federal funding would only be available for completing existing projects. Beginning in FY86 no fu-_n n wou be available or r,ew projects. If this get were enactedr a) Would your city be able to complete existing wastewater • treatment facilities in four years, given a 25 percent reduction in each of the next four years? x Yes No b) Is your city operating tinder a consent decree, administrative order or other binding contractual agreement to comply with FY88 clean water standards? Yes XNo , c) In the absence of federal funding, will your city be able to meet these obligations without a significant increase in taxes or user fees? N/A Yes No Estimate the percent of tax or user fee increase required i d) Would the inability to complete an existing project or construct a new project have a negative impact on (check if relevant) . X Housing X Community development X.Eronomic development X Jobs _X Environmental quality 66 Assisted Housing a) The FY86 budget proposes a moratorium on all new units of . assisted housing. What will. be the effect of this moratoriuM on the availability of housing affordable by low income people In your city? None X Adverse ___,Very Adverse • PAGE 4 CITY Denton, Texas Explain Have received application for twenty (20) more unitso b) Funds for the modernization of public housing, other than for emergencies, would be eliminated for one year. What would be the effect of this action on public housing in your city,' XNone Adverse -Very Adverse c) What is the current waiting list for the following types of assisted housing in your city? Section 8 two (2) years months section 23F'~'N/~Amonths Public HouslngN/A months What will be t eh effect of the proposed moratorium on these waiting lists? X None They will be lengthened, d) How many units did your city receive in each of the following categories of assisted housing in FY84? Section 8 None _ Section 202 N/A Public Housing N Rental Rehabil tat on en g e) How many projects eligible for Housing Development Action Grants is your city now applying for or planning to apply for? Not eligible. How many tote units are involved? What percentage of these units are for low income pe-o-pre-1 B 7. Loan Programs (Section 312, Section 108, EDA, SBA) a) The FYQ6 budget proposes to eliminate section 312 re;iauilitation loaner Section 108 community development loan guarantees, the Small Business Administration's loan programs and the loan and grant programs of the Economic Development Administration. What would be the effect on your city of the elimination of these programs? None X Adverse -.--.Very Adverse Explain Never received section 312, intend to apply. b) DidYyyoour city use the Section 312 loan program last year? • Tryes, how much money and how many units were involved? $ units . PAQE S CITY Denton. Texas c) Did your city use Section 108 loan guarantees during FY84? Yes __No dyes, how much money was guaranteed by this program in your city last year? $ d) Did your city receive funds from the Economic Development Administration during FY84? Yes -)LNo If year how much? $ 8. Employment and Training a) The FY86 budget proposes to eliminate the Jobs Corps, to cut the summer youth employment program by $100 million (12 percent) in FY85 and by another $60 million (19.4 percent in total) in FY86, and to cut the dislocated worker program by $120 million in PY85 (51 percent) and by another $15 million (57 percent in total) in FY86, what will be the effect of these cuts on your city? _None Adverse Very Adverse Explain Some departments depend on sunmer help to auement revular staff and cover for additional sower activitigs. le, parks AW Recreation, Library. b) How many young people in your city are served by the Jobs Corps?_ 95 Are alternative serv ces available to them in your city? Yea A.No WTat will happen to these young people if the program is eliminated? llWlbyment for unskilled workers will increase. The Job_Corp- is the on1X means available for some to be trained in a semi-skilled area. No alternative means to train neglected portion Of co comity. c) Flow many young people in your city will be forced from the summer youth employment program if it is cut this summer? 2 next summer? 25. Are other jobs programs available or t em? Yes X No what will happen to these young people? These eo~le t Willy borhoods and eventually becrine in~volyed in som24ind of trouble- 9. Health a) The FY86 budget proposes to cut $1.1 billion from the Medicaid program, capping federal matching payments to the states. Do you anticipate a reduction in services or a reduction in the number of people served as a result? (Check if appropriate) . Services cut .Yes No People cut -X.Yes No 9 a. r PAGE 6 CITY Denton,-Texas b) The PY86 budget proposes to freeze health block grants • (maternal and child health, prevention, primary care, and alcohol, drug abuse and mental health) at PY85 levels and to cut various public health programs such as immunization, tuberculosis control, and sexually transmitted disease control. Do you expect the incidence of infant mortality, childhood diseases, tuberculosis, or sexually transmitted diseases to rise as a result? Infant mortality X Yes No Child diseases =Yes No Tuberculosis =Yes NO Sexually transmitted-diseases Yes No c) Does your city operate a local health department? Yes No ,yes, will it experience an increase in local costs as a result of a shifting of costs and responsibilities for services from other local providers? X Yes No 10, Will your city government be able to raise local revenues to compensate for any of the federal cuts described in questions one through nine? Yes No if year check below for which program areas and by which kind of tax your city would raise local revenues • Property Sales Income User Tax Tax Tax Fees Other Assisted Housing DBG UDAG Loan Programs Em o . 6 Train, Health Public Transit Wastewater Treat. Other Programs 11. Do you expect your state government to provide funds to your city to compensate for the cuts? Yes y No if yes, please check those program areas for which you expect your state to provide funds and indicate the percentage of the cut you expect the state to restore, Assisted Housing CDBG $ UDAG $ .Loan Programs 1 `Employment and Training i Health 4 -Transportation Wastewater Treatment . PAGE 7 CITY Denton, Texas 12. Surplus/Deficit a) For the current fiscal year are you now facing an operating budget deficit, operating budget surplus, or balanced budget? b) If yuu are facing a surplus or a deficit► what percent of total revenues does this represent? N/A _e c) If you expect a surplus this year, is this surplus already committed to ongoing se-vices?N/A_Yes __No d) What is your city'a fiscal year?october 1 - September 30 e) Check which budget adjustment, if any, your city made in the last fiscal year to achieve a balanced budget. Property tax increases User fee increases Income tax increases -Other tax hikes Service cutbacks Hiring freezes or layoffs • -Other (explain) 13, Tax Proposals The Treasury Department has proposed a tax plan which proposes to end the tax exemption of all private purpose bonds, to curta:y the charitable contribution deduction, to eliminate all rehabilitation and historic preservation tax credits and to eliminate the deductability of all state and local taxes, including property taxess a) Check the types of projects that would be jeopardized in your city if the exemption for private purpose bonds is terminated. Infrastructure projects Resource recovery X Airports --Ports Low income housing k Hospitale (Economic development activities Other (explain) b) What would be the effect in your city of terminating all rehabilitation and historic tax credits? None Adverse Very Adverse . How many pro eats are currenETy pending in your city for which you plan to make use of these tax credits?Uncertain, PAGE 8 CITY Mntnn. Tpxae c) Will social services in your city be adversely affected by Treasury's plan to curtail the charitable contribution deduction? Yea No d) what do you expect will be the result in your city if the current deduction for state and local taxes were eliminated? More difficulty raising local taxes -More difficulty effect on real estate values Other effect (explain) NO effect PERSON P T . TI RE Name Mark L. McDaniel Title Administrative Intern Agency_ City Manag2 Is Office Address 215 East McKinney. Denton. Texas 76201 Telephone 817 ) 566-8308 PLEASE MAIL THIS OUrSTIONNAIRE NO LATER THAN CLOSE OF BUSINESS MONDAY, FEBRUARY 25, 1985 TOs U.S. CONFERENCE OF MAYORS • 1620 EYE STREETr NaWs WASHINGTONi D.C. 20006 TSANX YouI 1 71 Government Finance Officers Association Policy statement Federal Tax Poiicv The ;overnment Finance Officers Association has reviewed the various proposals to reform the existing federal tax system and has concerns about the impact these proposals may have on the ability of state and local governments to continue to finance their projects and raise revenues. Therefore, the Government Finance Officers Association urges the Congress and the Adminia- tration to consider the following statements, which are consis- tent with all previous policy positions taken by this Associa- tion, in any modification of the federal income tax structure: SHIFTING BURDENS Federal tax policy changes that increase the cost of state and local government will result in reduced services and increased state and local taxes and/or user charges. Therefore, taxpayers, who federal policy mak- ers intend to aid with revisions to the federal tax system, will have their tax burdens shifted to other levels of government and will experience less than the full benefit, if any, of modifications to the federal tax system. TAXATION OF INTEREST ON STATE AND LOCAL ORLTGATTONS The federal system of government is based upon the Constitution- al doctrine of reciprocal immunity. Therefore, the federal government cannot tax the interest on obligations issued by states and local governments and states and local govern- ments cannot (and do not) tax the interest on federal government obligations. No tax should be imposed, either directly or indirectly, on the interest paid on state and local government obligations issued to provide services to the public. Examples of direct and indirect taxation are the imposition of the individual minimum tax on the interest on state and local obligations and the inclusion of tax-ex- empt interest in the income base of social security recipi- ents. The use of the term 'su!~sidy• in connection with tax exe,mdtion should be discontinued. This term distorts the role of the states and local governments in the federal system of government because it treats the interest exclu- sion as if were merely granted by Congressional grace rather than as a Constitutional right. PRIVATE-RURPOSE RONDS The Association opposes the unrestricted issuance of tax-exempt *conduit" bonds and other bonds that are for the primary benefit of private users. The Association has supported restrictions on these types of financings because of their impact on the cost, of borrowing for public purposes, but it believes atbitrary volume caps are trot an appropriate way to deal with the issue. As long as small-issue industrial development bonds, private pollution control bonds and other forms of tax-exempt financings for private users continue, suitable restrictions should be imposed in order to limit these forms of financing to specifically defined areas and purposes. REDPPINiTTON 0 ` ' The definition of private-activity industrial development bonds includes not only bonds issued by state and local govern- ments for private industrial development, but also bonds issued to provide essential government services such as airport and water and sewer facilities. The Association supports a redefinition of the term "industrial development bond" to exclude public-purpose projects from the current definition and to remove restrictions on those bonds that are designed to affect private-purpose financings. RARKET P0RNNIQ.A In recent years, the market for tax-exempt 60ftcipal obligations has been supported by individual investors whose marginal tax rates rose with increases in income because of high inflation. At the same time, the demand for tax-exempt obligations by banks and other financial institutions decreased because of the reduced profitability of these institutions, the expansion of competing ways to reduce taxable income, and tax law changes affecting the deduction taken by banks and other financial institutions for the costs incurred in buying and carrying tax-exempt obligations. Historically banks and other financial inetitutiono have been major investors in municipal bonds. Tne Association opposes any reduction in the deduction taken for such costa under the corporate minimum tax because it will further diminish institutional buyers' willingness to buy municipal bonds. ag$jsBaQD The investment of bond proceeds at market rates for a reasonable period of time pending their applica- tion for the purposes of the bond issue is good cash 7anagenent. Arbitrage, which is the term used to describe the interest earned on invested bond proceeds in excess of the interest being paid on the bonds, reduces the cost of public projects by reducing the total amount of bonds issued for a project. State and local governments should not be penalized for practicing good financial management by being required to 'rebate' such investment earnings to the u.S. Treasury or by the imposition of other restrictions. - 2 LQ~6 OYPTC at•Q Proposals and • legislation have emanated from the Congreeo and Administra- tion with growing frequency that have substantial adverse impacts on state and local governments in general and the municipal bond market in particular. Some examples include restrictions on governmental leasing, tax legislation with retroactive effective dates and state-by-state volume caps on municipal bonds. Congress is urged to hold meaningful public hearings on all tax legislation after it has been introduced and Treasury Department officials are urged to have meaningful discus- sions with state and local officials about problems that are believed to exist in order to afford a better opportunity to solve perceived problems with the minimum disruption of federal/state/local relations. - 3 ai 1 Pub's; Seftu; Ocs Ass*-"Anon Qna', crld?rod ctnter i:.- Yerk: t;c.oYO-k'CcIS F S,;- December 31, 1984 The Honorable Donald T. Regan Secretary of the Treasury Department of the Treasury Washington, D.C. 20220 Dear Mr. Secretary% The Public Securities Association urges the Department of the Treasury to reconsider its proposals regarding state and local government securities as advocated in "Tax Reform for Fairness, Simplicity and Economic Growth,* For more than a century, state and local governments have issued tax-exempt securities in order to provide their citizens with necessary infrastructure and other capital improvements judged byretheir elected officials to be of vital public purpose as defined by state law. These have included both general obligation bonds and revenue bonds funded through user 1'ees and other financing arrangements geared to promote the public welfare through partnership with private entities, both not-for-profit and profit-making. With the expectation of further reductions and eliminations in federal grant programs to states and localif-fes and continued .pressure on the local, state and federal levels to maintain taxes at current or reduced levels, the ability of state and local governments to borrow in the tax:exempt market is of paramount importance as a financial tool. In addition, the current Treasury Department proposal denies basic notions of Federalism and would severely restrict the sovereignty of the states. The proposal establishes a category of municipal securities termed "private purpose non-governmental." This apparently refers to projects where there is a greater than de minimus connection to a non-governmental entity. This would inciide Cones issued to finance airports, ports, water supply facilities, electric generating facilities, resource recovery plants, health care facilities and low income housing among others, or about 62 percent of all municipal bonds issued in 1983. Such projects fall into the widely accepted and long established categories of public purpose. The Treasury's contention that such projects do not serve a public purpose at the Mate and local government level cannot be sustained C. a . t Honorable Donald T. Regan December 31, 1961 Page Two and does a disservice to the discussion at nand. We note that when the same types of projects are funded at the federal level they are deemed to constitute a valid public purpose. Indeed, the proposed requirement that'no more than one percent of the revenue generated from a bond issue be used directly or indirectly by a private entity is unclear on its face. We are concerned that such a requirement will have the effect of limiting significantly the ability of staf:es to issue general obligation and so-called "traditional" revenue securities on a tax-axempt basis. Depending on the definition and associated interpretations, such a provision could effectively curtail issuances representative of 701 80, or even 90 percent of the municipal market in 1963. Such a broad attack on state sovereignty, cloaked in the name of tax reform, is repugnant, Further, we believe that a partnership between government and private enterprise to provide for the needs of the citizenship.is beneficial. The expertise of private enterprise has properly been combined with governmental public purpose to improve the quality of lY a at the state and local level and should continue to do so. The apparent a riori belief that such a combination is wrong leaves us bewtldere .Nevertheless, perhaps the gravest problem with the Treasury's restrictive definition of so-called "private p:;rpose" is its usurpation of the fundamental ability of states and localities to determine what is necessary for the public good on the state and local level. We are dismayed that the Treasury Department believes it knows Bette: what is in the best interest of states and localities than do the duly elected officials of state and local governments such a conclusion seems to be at odds with the Administration's early support for a "New Federalism." Moreover, the proposal ignores the common sense reality that public purpose is an evolving concept. While building the Erie Canal may have been a public purpose over a century ago, airports and health care facilities along with economic development are identifiable public purposes today. Any static and arbitrary definition of public purpose such as that proposed by the Treasury utterly obstructs the ability of governments to meet changing circumstances and public needs. In its attet.,pt to mandate how and what types o: securities a state or locality may issue, the Treasury Department proposal would deny "on behalf of" authorities the ability to issue tax-exempt securities. These authorities have issued tax-exempt securities • Honorable Donald T. Regan December 311 1984 Page Three for many years and essentially all of them are empowered by duly enacted state statutes. An earlier attempt by the Treasury Department'to limit their ability to issue ~ax exempt bonds during the 1970's wa3 withdrawn due to its unwor'• lity. We believe that this proposal would limit the freedom of states and :localitier to determine how best to issue debt without providing any countervailing benefit. On its face the proposal adds stringent restrictions to the issuance of bonds that even Treasury considers "governmental." In An apparent attempt to establish the premise with states and localities that the tax exemption is provided by the grace of We federal government, it would require costly and bureaucratic reporting of all bond issues to the federal government. This proposal -snacks of federal government chauvinism. We are deeply concerned that it represents the first step towards requiring prior federal review of state and local government bond issues. Additionally, the proposal to impose severely restrictive arbitrage limits, in addition to those currently in place, will rfiguire states and local governmentu to increase the size of bond issues to accomplish any given purpose. The proposed reoate of "excess arbitrage" to the federal government appears to us to be nut of step with any theory of inter-governmental comity. The proposal to all but eliminate advance refundings will curtail state and local governments' ability to take advantage of reductions in interest rates as well as to alleviate overly restrictive bond indentures. As a result, the cost of finance for states and localities. can be expected to increase, and this added cost will be -passed on to local and state taxpayers. In addition to proposing to narrow severely the scope of public purpose, the Treasury Department has declared its view that the tax-exemption of state and local government securities is an anachronism. The language of the proposal leaves one with the conclusion that in the view of Treasury tax-exemption is a mere "subsidy" provided to states and localities by the federal government that may be withdrawn, tie strongly disagree, as do most local and state governmental officials. The Constitutional doctrine of reciprocal immunity prohibits state taxation of interest on U.S• Government obligations just as it prohibits federal taxation of interest on state and local government obligations. It is a doctrine established in the early years of the Republic and reaffirmed with specific respect to state and municipal debt in numerous Suppereme Couct decisions extending over almost a Century. The recenty.developed assertion of Treasury that tax exemption of states and municipal debt is a "subsidya, "granted" by the Adfainistration is just not so. Such an assertion ~5' ~ '~1 r •.F/ ra Say +r_9a`r Yi.~p-r .~F.,'I r •i 1 o r, r~t~'~ l' t'rT__•r ,~__4_c_,~. ~ . ,n. i .s'y°-~*T-"~t~; l . Honorable Donald T. Regan December 31, 1984 Page Four can only detract from the quality of responsible debate on the subject. Most alarming are statements of Ronald A. Pear xan, nominee for Assistant Secretary of Tax Policy, that Treasury is considering proposals to eliminate the tax exemption for all municipal securities including general obligation bonds: 'Mr. Pearlman stated that Treasury has the power to eliminate the tax-exemption on such securities and that the theory behind the Treasury tax reform plan would argue for totally removing the exemption for governmental obligations." The remarks of Mr. Pearlman indicate that the proposals of Treasury are ultimately intended to remove the tax exemption from all state and local government securities. In this light, the arguments made by Treasury regarding so-called public and private purpose municipal bonds assume the appearance of a mere subterfuge for its true goal of eliminating tax-exemption entirely. We are troubled by the misdirection of such an approach acid dis~a,eyed by the lack of respect it demonstrates for state sovreignty, local government responsibility and the long history of Cdpstitutional doctrine and legislation surrounding the subject. There are other elements in the set of proposals which will impact the market for municipal securities and therefore the cost at which state aad local governments can accomplish financing. These range from the proposed elimination of deductability of carrying charges for municipal bonds for financial institutions to the proposed indexation for inflation of interest on taxable securities. We do not oppose tax "Aimplification" or the ;eduction of marginal tax rates. We are very concerned, however, that the Administration#'Congress and the public thoroughly understand the implications of any specific legislation which proposes to make such sweeping changes in the basic tax structure of the nation. To that end, our Association, as well as a number of our -members, are currently conducting and commissioning studies to estimate the impart of all these proposals on states and localities. To aid us in conducting these studies we request your Department to provide us with the methodology it utilizes to measure the alleged revenue loss brought about by state and local government securities, as well as proposed definitions of "direct and indirect use" and other ambiguous concepts put forward in the Treasury plan. Whon our analysis is complete, we will share tto results of these studies with you, your staff, the Congress and the general public. The Public Securities Association is the national trade association of dealers, brokett, and banks that trade, underwrite and sell municipal, mortgage backed and M i 'goverrment id I lY m 4.~;r k'r Ly y~ sy } C^~ "I . Y~ I Hj ^F ,N;ti y'A r' h 'vg T t'4 r,.; ~iy r A, ri± 4. . 1 ~c, ~•5 R, I.: G~ r g fit:' Honorable Donald T. Regan December 31, 1984 Page Five securities. Last year PSA members underwrote over 9S per cent of the state and local government securities issued. We genuinely are eager to engage in a thoughtful dialogue with you and your staff regarding these proposals. The Treasury proposal while not perfect, is an important attempt to serve the public interest. However, we are very seriously troubled by the components of the Treasury proposal which are directed at the issuance and use of proceeds of tax-exempt municipal bonds and urge the Treasury Department to re-evaluate them. We would be pleased to discuss these matters with you at your earliest convenience. Sincerely, *Roert C. Brown t Chairman 1984 s Association 1j Public r1985 can J Chair publ Securit ies Association V -777 T,7! _1 71 NV I City Council minutes / t fO February 190 1985 rho Council convenes into the Work Session at 5 30 p.m. in the Qivit:1 Defense Room. PRBSENrt Mayor Pro Tom Chewt Council Members Alford, Hopkirp, iMcAdams, and Rlddlesperger City Manager, Acting City Attotney and City Secretary ABSdNrs Mayor Stewart was attending a meeting with TMPA financial advisors in New York 1. The Council convened into the Executive Session to discuss legal matters, real Istmte, board appointments and personnel. No official action was !"otken. Due to interested members in the audience, agenda item 04 was moved forward in the agenda order. 4. Receive a status report on Kerley Street bird roost and consider approval of alternative solutions. Harlan Jefferson, Administrative Assistant in the Public Works Department, reported that staff was recommending habitat modification for the Kerley Street roost. Two methods were suggested. One would be to trim one-third of the traps and the other method was the removal of the trees with the exception of leaving 1 tree per 20 feet radius. Tree removal was the superior al ernative co modify this habitat. An ordinance had been developed wh ah would require trees In a roost area be spaced IS (set apart and the property be clear of debris and vegetation. An exception would be an area of 4 or more acres which was toned agricultural, under single ownership and more than 200 feet from any adjacent property, with houses, under different ownership and more than 200 feet from a public street or right of way. Notice would be given to owners to abate. After proper notification, if the owner did not clear the property, the city would Cut and clear the land and tta owner would be charged the cost of the clearing plus an administrative fee of $80. The property owner could appeal the charge (+githin 15 days) to the City Council. Failure to comply with the provisions of the ordinance would constitute a misdemeanor and carry a fine of not less than Il0 or more than iMD. The ordinance was being reviewed by the City Attorney's office and wouli be placed on the March 5 agenda for approval. Council Member Stephens stated that under this habitat modification plan, clear cutting might be done of a sizeable area and trees meant money, Hai the staff worked out that problem. Jefferson responded the proposed ordinance was the same as the existing weed abatement ordinance, City Manager Chris Hartung stated that the problem with this type of bird roost was that it was always on private property. Bill Angelo, Assistant to the Director of Public Works, reported that the Kerley Street roost had been partially cleared in 1983, with the permission of the property owner. Mayor Pro Tom Chow asked how much time a property owner would have to clear the land after receiving notification. Jefferson responded 10 days. Mayor Pro Tom Chow then asked when would the notices be sent. Jefferson replied 14 days after approval of the ordinance. Mayor Pro rem Chow asked when the birds wouli return to the Kerley Street roost. Angelo responded in early May. r ~ t City Council Minutes Meeting of February 19, 1985 Page Two I C iouncil Member Riddleeperger asked how many property owners wer• nvolved. , Jefferson responded only 1 at the Xorley Street egret roost. Trimming would be done at various blackbiri roosts. Council Member Stephens stated that previous experience was that the birds just moviA to another location. Jefferson reported that the egrets would stay near water and staff felt the habitat modification might cause them to move out of Denton. Council Member McAdams stated that the Council should be sure about the ordinance as there were several blackbird roosts in town. The Council should be sure that this was what they wanted to enforce throughout the city. rho Council recognised Ms. Lillie Clark. Ms. Clark stated that she was a resident of Kerley Street and the problem with the roost was not only the roost area, but the bird would wander into residents's yards. Ms. Clark also stated that the birds would return in March, not May and after 1 bird had come in, the roost was established. She asked the Council to give the matter consideration now. The consensus of the Council was to have the proposed ordinance on the agenda for March 5. The Council then returned to the regular agenda crier. 2. The Council considered revision and update of the City's four single member election districts (Districts 1, 2, 3, an.i 4) to account for annexations. Acting City Attorney Joe Morris reported that he had reviewei matgrials for the upcoming election and problems had been discovered with the ordinance which ostablishei the single member districts. The districts were set out by census tracts and some were incorrect in the last ordinance. No revisions hal been maim to accommodate annexations since 1982. The annexations on the Council a;enda for this meeting would have to be included. the timing was unfortunate as any changes before an election required preclearatce from the Justice Department and the changes required a public hearing before submission.. There had been 19 annexations since the last preclearance) however, most involved few people. Morris then ,yresentei a map of the city with the liatrict lines, precinct lines and census tracts included. He then reported that the first problem was in District 1. The description of Mingo Road was incorrect. the 3istrict line should have followed the precinct line which would put the area in District 1 instead of District 3 as was shown on the map. The second problem was that census tract 207 between Oak and Hickory appeared in District 4 on the sin;le member district map but the ordinance called for the tract to be in District 1. Council Member McAdams asked if staff would need to prepare a breakdown of the population changes due to the annexations by percentages of minorities. Morris responded not there were no significant changes. Council Member McAdams asked if census tract 207 could be added to District 4 in the ordinance so as not to split the County precinct lines. Morris responded yes. Council Member Rlddlesperger stated that It hai been attempted in the redistricting in 1962 to follow the precinct lines. v Ty:} e f lTka T ,"•.J Fat#V J;4 v*!. 5*.~,.:_•a 7 ` i 11F ! City Counofl Minutes Meeting of February 191 1989 Page Three Morris added that the intent was to preserve minori~.y distribution throughout all the districts. He further stated that the Council could meet on.February 26 to hold the public hearing and approve tM new district ordinance. 3. The Council considered setting a time and date for a special meeting to hold a public hearing and approve an ordinance revising and updating the City's four single member districts (Districts is 2, 3, and 4) to account for annexations. rho consensus of the Council was to hold a public hearing at 530 p.m. on Tuesday, February 26 regarding the addition of the annexations to the district map and to approve a new district ordinance. S. The Council received an update on the City of Denton's Affirmative Action Program. Kathryn Usrey, Director of Personnel, reported that the information furnished to the City Council in the agenda back-up material was current. Since the Affirmative Action Program had been initiated, improvements had been made but there was still room for more improvement. Time was being spent in new employee orientation explaining the Affirmative Action Program and the open door policy. The City was currentlyy using a program of developmental tracking to advance personnel in-hawse and a signtficant increase in time had been made to coach supervisors and managers on the Affirmative Action Program. The Personnel Department was providing career counseling to allow all employees the opportunity to move up in the organisation. Staff was constantly monitoring procedures for EEO compliance and had located a minority radio station on which to advertise for open positions with the City. Inereasol training was being done with supervisors to eliminate discrimination. Council Member McAdams stated that the information provided showed the hiring done by the City from a County work pool of individuals and she would like to see just the available work pool for the city only. Usrey responded that the Texas Employment Commission furnished data on the available work pool of the entire County and not just the City. One reason was that many City of Denton employees did not live in the city limits. Council Member McAdams asked for the title and department of all minorities in the city organisation. Usrey stated that she would furnish Council Member McAdams with that information. 6. Discussion of the City of Denton City Council strat,3ic plan. Due to lack of timo, this item was not discussed. The Council then convenoJ into the Raluler Meeting at 7 00 p.m. in the Council Chambers. PRdSdNre Mayor Pro Tom Chew1 Council Members Alford, Hopkins, McAdams, and Riddlesparger City Manager, Acting City Attorney and City secretary ABSENro Mayor Stewart was atteniing a meeting with TMPA financial advisors in New York 1. The Council considered approval of the Minutes of the Regular Hosting of January 151 19851 the Special Called Meeting of January 240 19851 the Special Called Meeting of January 261 19851 and the Special Called Meeting of January 29s 198S. McAdams motion, Alford second to approve the Minutes am presented. Motion carried unanimously. 5 ''.r ~ ' --Jim ~ , 1'°r F 1 ~ t i ' ' i .9}i. y d u City council minutes Hooting of February 19, 1985 Page Four 2. Consent Agenda City Manager Chfis Hartung asked the Council to pul?, item 2,C.1 from the Consent Agenda, McAdams motion, Hopkins second to approve the Consent Agenda as presented with the exception of item 2.C.I. Motion carried unanimously. Consent Agendas A. Buis and Purchase Ordtrsi 1. did 1 9372 - Power transformer 2. Hid / 9385 - Asphalt distributor 3. Bid 1 11391 - Loop 288 waterline 4. Bid 1 9314 - Developer/pa.ticipatton streets Weston Development Corporation 5, Bid 1 9402 - Miscellaneous electrical hardware 6. Purchase Order 4 66837 to Miedermeyer-Martin Company in the amount of 631,551.24 7. Purchase order 4 67026 to AMP Special Industries in tha amount of !16,255.00 8. Plats artj replatel 1. Approval of preliminary and final replat of the Claude Hill Addition. (The Planning and Zoning Commission recommends approval.) 2. Approval of final replat of the Allan zstates Mobile Home Pack. (The Planning snd Zoning Commission recommends approval.) 3. Approval of preliminary and final replat of the John A. Hann's Addition, Block 11 Lot IA (formerly King Addition). (The Planning an-i Zoning Commission recommends approval.! 4. Approval of preliminary and final replat of the W, W. Wright Addition, Block 2, Lot 3R. (The Planning ant Zoning Commission recommends approval.) PULLdD BY C, Change Orders! STAFF 1. Consiier approval of Change Order 01 with Hogan and Rasor on the design phase of the high service pumping facility to serve the higher elevations of the northwest Denton area. (The Public Utilities Board recommends approval.) The Mayor Pro Tom then presented it Proclamation for Patriotism Week beginning on February 18 through 24, Charles Hopkins, member of the Americanism Committee of the 61ks Club, accepted the Proclamation. 3. The Council recognised Mr. Carl Young requesting aprovat for the use of Fred Moore Park on June 19, 20, 21 and 22 for the purpose of a Junsteenth celebration, a waiver of the tae for the use of the park and an extension of the curf4W to 12100 midnight. 7 C - t f r ~ 1 ~ % i „City Council Minutes Meetingq of February 19, 1985 Page Pive Mr. Carl Young, President of the Denton County Viet Nam Veteraws Association, appeared and requested the use of Fred Moore Park for the Juneteenth celebration. Mr, Young stated that there would be a parade, slow pitch ball tournament, domino and spade tournaments as well as free cokes and hot dogs for the children. Hopkins motion, Stephens second to grant the request for the use of Fred Moore Park on June 19, 20, 21 and 221, a waiver of the fee for the park ani an extension of the curfew to 12x00 midnight. Mr. Young then stated that the association had planned for the summer to institute a job program to match kids with jobs. There would also be an Easter egg hunt in April. Mr. Young then read a list of the merchants who had donated goods to the Juneteenth celebration and expressed his thanks for their support. Motion carried unanimously. 4. The Council recognised representatives of the North Texas State University Student Association requesting approval to collect contributions for the United Way from City of Denton streets and medians. Mr. Jud Richards, representing the North Texas State University Student Association, stated that donations would be solicited from streets and medians on March 2 from WOO &,n. u.,til 4e00 p.m. All collected oonoy would be given to the United way. Riddlesperger motion, Alford second to approve the request to collect contributions from the streets and medians. Motion carried unanimously. 5. The Council considered adoption of an ordinance and service plan annexing a tract of land consisting of approximately 31.027 acres of land beginning at the southwest corner of Ryan Roai an.4 Teasley Lane (FM 2181). A-8 Jeff Meyer, Director of Planning and Community Development, reported that 1 reply form had been mailed with 0 returned, This was the last step in the annexation process. The following ordinance was presented 40. 65-28 AN ORDINANCE ANNEXING A TRACT OF LAND CONrtGUOUS AND ADJACENT r0 tU CITY OF DENrOd, TEXASI BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APFROXIMACELY 34.173 ACRES OF LAND LYtSJ AND BEING SIrUACED IN THE COUNTY OF DBNTON, STATE OF CEXAS AND SSING PART OF CHE SLI PIC<ETr SURVEY, ABSrRACr NO. 1010, D2,4TON COUNTY, CdXASr CLASStFYINO THE SAME AS AGRICULTURAL "A" DISTRICT PROPBRTYI AND DECLARING ANY EFFECTIVE DATE, Riddlesperger motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," and Mayor Pro Tom Chew Motion carried unanimously. 6. The Council considered adoption of an ordinance anl service plan annexing a tract of land consisting of approximately 5.70 al:res beginning north of Highway 380 West and adjacent and west of Misch Branch Roai. A-9 The following ordinance was presented) Ci►.y council Minutes Meeting of February 14, 1985 Page Six NO. 85-29 ► , AN ORDINANCE ANNEXING A TRACT OF LA.+1D CONTIGUOUS AND ADJACENT 'TO THE CITY OF DENrON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROX1,4ATELY 5.70 ACRES OF LAND LYING AND BEINO Struhm IN THE COUNTY OF DdNTON, STATE OF TEXAS AND BEING PART OF THE S. HUIZAR SURVEY, ABSTRACT N0. 514, DENTON COUNTY, TEXAS; CLASSIFYING rHE SAM3 PS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARINO AN EFFECTIVE DATI. Stephens motion, Hopkins second to adopt the or-finance. On roll call vottr, McAdams "aye," Hopkins "sya," Stephens "aye," Alford "aye," Rlddlesperger "aye," and Mayor Pro Tem Chew "aye." Motion cartisd unanimously. 7, The Council considered adoption of an ordinance and service plan annexing a tract of land consisting of approximately 131.761 acres beginning south of Robinson Road and east of Nowlin koad. A-10 rho following ordinance was presented NO. 85-30 AN ORDINANCE 1.NNEXING A TRACI OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON# TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 130,55 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS A.YD BdING PART OF THE B. MERCHANT SURVEY, ABSTRACT 90. 800, DEN'r04 COUNTY, TEXAS; CLASSIFYING THE SAM AS AGRICULTURAL "A" DISTRICT PROPSRrYt AND DECLARING AN EFFECTIV9 DATE. Hopkins motion, Step!-.ens second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "ayo," Rlddlesperger "aye," and Mayor Pro Tem Chew "aye." Motion carried unanimously. 8. rho Council considered adoption of an ordnance and service plan annexing approximately 112 acres beginning west of I-35 N service road, north of Marshall Road, and east of the Topeka and Santa Fe Railroa3. A-12 The following ordinance was pre3entedi 00. 85-31 I1,Y ORDINANCd ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF Oevm rEXAS; RZING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 111.71 ACRES Of L,1ND LYING AND BEING SITUATED IN THE COU14TY OF D$ 1trON, STATE OF TEXAS AND 83ING PART OF THE B.S.B. 6 G.R.R. CO. SURVEY, ABSTRACT NUMBER 141, AND THE R. WHITLOCK SURVEY, ABSTRACT NO. 1403, DENTON COUNTY, TEXASt CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPdRTYi AND DECLARINO AN EFFdCTIVE DATE. Rid1lesp6rgor motion, Alford second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Aifor3 "ayo," Rlddlesperger "aye," and Mayor Pro Teo Chew "aye." Motion carried unanimously. The Council left the regular agenda order and considerod the aliendum. 1, The Council recognised representatives of the North Texas State Fair Association to present an update report on the possibility of development of a North Texas State Arena nd Exposition Center. City Council Minutes Meeting of February 19, 1985 Page Seven Mr. Weldon 4urgoon, President of the North Texas State Fair Association, reported that he wished to clarify the preselnt situation. A meeting of the association had been held on February 14 and 55 new members were accepted. The total membership now stood at 203, rho purpose of this appe&tance before the Council was to give a status report on the proposed arena and exposition center and to request the 11 unallocated hotel/motel occupancy tax. The present facilities at the fairgrounds were too small. A steering committee had looked at arena in other cities and were recommending one similar to the complex in Austin. Available sites had then been researched. A auitabLe site had been located and the association was attempting to purchase the parcel. Mr. Burgoon concluded by stating that the association felt they had met all of the guidelines to qualify for the it hotel/motel occupany tax as a means to assist in the funding of the project. Council Member Riddlesperger stated that he thought this was one of the best things that had been presented for the citizens in Denton. Council Member Hopkins stated that the report was very impressive and he was enthutastic about the project. City Manager Chris Hartung reported that he wanted to make the Council aware that the staff was preparing a similar request for the It unallocated hovel/motel occupancy tax to be used for renovations to the Civic Center. 9. Public Hearings A. The Council held a public hearing on the petition of Charles S. Watkins representing S. L, Archer (owner) requesting the establishment of a planned development district (PD) under article 11 of the Denton Zoning Ordinance in respect to a tract of 31.027 acres o' '.arid situated at the southwestern corner of the Ryan Road and Tea Lane intersection. If approved the planned development districk D) would permit the following developmentso 17 acres of single family housing (SF-6) with a density of approximately 5.6 units per acre 10 acres of multi-family cluster housing with a density of 17 units per acre 4 acres of general retail and general service type uses Z-1702 rho mayor pro rem opened the public hearing. Mr. Charlie Watkins, representing Mr. Archer, spoke in favor stating that to the north of the property was an existing mobile home park, to the south was vacant land, to the east was a mobile home park and to the west was vacant. There would be 95 6,000 square feet lots for site built homes and cluster housing at a 17 unit per acre density. No one spoke in opposition. The Mayor Pro rem closed the public hearing. Harry Persaud, Development Review Planner, reported that 4 reply forms had been mailed with 0 returned. This was a low intensity area and the proposad planned development complied with the Denton Development Guide. The Planning and Zoning Commission recommended approvals Hopkins motion, McAdams second to approve the petition with the conditions as attached by the Planning and Zoning Commission. Notion carried unanimously. City Council Ninutas Meeting of February 19, 1985 Page tight B. -The Council held a public hearing on the petition of Myera Development Corporation requesting the establishment 'of planned development (PD) zoning on a 131.7 acre tract of land lo.-ated on the east side of Nowlin Road approximately 1,200 feet south of Robinson Road. If approved, the planned development would permit the following land usess Multi-Family - approximately 221 units on 12.3 acres with a density of 18 units per acre Cluster Homes - approximately 252 units on 42 acres with a density of 6 units per acre Noighboritood Shopping - 2.6 acres Single Family - approximately 6 units on 2.1 acres with a density of 3 units per acre Patio Homes - approximately 83 unite on 12.6 acres with a density of 6.5 units per acre Satate Homes - approximately 45 unite on I.S.I. acres with a density of 3 units per acre Two Family Garden Homes - approximately 60 units on 9.2 acres with a density of 6.5 units per acre Gol: Course - approximately 34.4 acres 2-1706 The Mayor Pro Tom opened the public hearing. Mr. Craig Curry, representing Nelson Corporation, spoke in favor of the petition stating that this proposal had previously been before the Council during the public hearings on annexation. A portion of this development was on Interstate 35 and the petitioner was now asking for zoning on the remaining parcel. Mr. Curry then presented conceptual maps of the development for the Council's information. No one spoke in opposition. The Mayor Pro Tem closed the public hearing. Denise Spivey, Development Review Planner, reported that 8 reply forms had been mailed with 1 returned in favor and 0 returned in opposition. This petition was for a portion of the larger Oakmont Development. A portion of Oakmont was located within the city limits of Denton And a portion within the city limits of Corinth. The property had been annexed by Council action earlier in the agenda and the petitioners were now requesting zoning. This development added a new dimension to diversity of available housing types for Denton due to the golf course occupying approximately 201 of the property. The Planning and Zoning Commission recommended approval. McAdams motion, Hopkins second to approve the petition. Motion carried unanimously. C. rho Council held a public hearing on the petition of Burke engineering, representing Tri-Steel Structures, requesting the estbiishment of office (0) district zoning classification on a tract of five (5) acres of land situated west of and abutting Masch Branch Road and north of U. S. Highway 380 and more fully described as lot to block 1, Tri-Steel Headquarters Addition. If approved, the site might be used for any type of development permitted in an office district by the Denton Zonia. Ordinance. 2-1709 The Mayor Pro Tom opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor Pro rem closed the public hearing. Harry Persaud, Development Review Planner, reported that 7 reply forms had been mailed with 1 returned in favor and 0 returned in c: b df: My'a ; q r ~ ~ ✓ ' C h V Ly City council minutes Meeting of February 191 1985 Page Nine opposition. This was a low intensity area and the proposal was for 5 acres of office use. :ae Otto was within the Denton -Municipal Airport approach zone so that noise considerations and building heights would have to be regulated. The Planning and Zoning Commission had recommended approval. Stephens motion, Hopkins second to approve the petition. Motion carried unanimously, D. The Council held a public hearing on the petition of Walter DeRonde requesting the establishment of light industrial (LI) zoning on a 111.7 acre tract in the B.B.B. and C.R.R. Company Survey, Abstract 141, and the R. Whitlock Survey. Abstract 1403. The tract was located north of Westgate Hosrital and Medical Center, aproximately 600 feet west of the interstate Highway 35 north service road, and atjacent and east of the Atchison, Topeka and Santa Fe Railroad. Z-1712 rho Mayor Pro Tam opened the public hearing. Mr. Charlie Watkins, representing Mr. DeRonde, spoke in favor of the petition stating that thera were 3 owners of the tract of land. The property was bounded on the south and east by light industrial zoned land and on the west by a railroad track. It was located in a moderate intensity node and the petitioner felt that light industrial )and use was consis►ent and appropriate due to the proxintty of the railroad tracks. No one spoke in apposition. Thn Mayor Pro Tom closed the public hearing. Lanise Spivey, Development Review Planner, reported that the zoning change would be from agriculatural to light industrial. The annexation of the property had been approval by the Council earlier in the agenda. The southern portion of the property was located in a moderate intensity area and a portion was looateJ in a high intensity area. That portion of the tract already within the city limits was zonal light industrial. The Planning and Zoning Commission fcit it 'was unlikely that any low density land use would be passible for this tract. Two reply forms hat been mailed with none returned. McAdams motion, Riddlesperger second to approve the petition. Motion carried unanimously. S. The Council held a public hearing on the petition of Charles Watkins, representing the owners, requesting a change in the current zoning classifdcatioi from agricultural (A) to the planned development (PD) district on a tract of approximately J7.6 acres situated west of and abutting Loop 2R8 and north of and abutting Aulra Lane and more fully described in the R.B. Longbottom Survey, Abstract iA-775. If approved, the planned development (PD) would permit the following mixed uses on the sites 10.7 acres of two family residential (2-F) with a density of 11.2 units per acre 9.8 acres of multi-family housing with a density of 20 units per acre 4.1 acres o! warehouses 6.7 acres of retail/offices and showrooms 4.4 acres of offices and warehouses Z-1715 The Mayor Pro Tom opened the public hearing. Mr. Charlie Watkins, representing $trader Properties, spoke in favor of the pettA on stating that hie client was proposing duplexes on the week side on 10,7 acres and multi-family on 10.8 acres. there was an existing single family lovelopsent to the west of the proposed development, To the north, the developer was proposing 4 7J'. xr, cC wqn a n f K L.q t ~~~r s a ~ ~ ri r; f xn ijr t: x i yl n g., City Council Minutes Meeting of February 19, 1985 Page Ten acres of warehouses. This was a low intensity area and the tract was tin a 288, lc ofedthe totae 6S.5 i acres, 12 7eacresHiwerey required Loop right-of-way for the 288 and 380 interchange and LO acres was an existing single family neighborhood. Given the location and the intersection, and the character of the land in this moderate intensity node, the proposed petition wou l not be so bad. No one Spoke in opposition. The Mayor Pro Tem closed the public hearing, Harry Persaud, Development Review Planner, reported that this petition would be changing the boundaries of the moderate intensity area. The calculations used regarding intensity/density were the sale for all developments in Dentont however, this area was at the intersection of two primary streets and staff felt there would be traffic flow problems. Council Member Stephens asked if the city did not want to have businesses along this street, where would we put them, Persaud responded that there were other locations for high intensity uses and felt this .development at this location would create traffic congestion. Council Member Stephens str.ted that since the Denton Development Guide had been written, Loop 288 and University Delve were subject to major improvements. Council Member McAdams stated that she was not so sure, University Drive was nearly impossible to use to move traffic " the Golden Triangle Mall was a monster. She further believed that for this location, the development would be too much. Council Member Hopkins stated that the proposed Loop 288 would not go to the tall but would uled to t be fans dgo to Mayhtll Road. University Drive was Also sched Stephens motion, Riddlespergse seconi to approve the petition. Motion carried 3 to 1 with Council Member McAdams casting the "nay" vote. F. Tne Coun it held a public hearing on the petition of T. 3. Uland requesting a change in zoning from the multi-family (FM-11 district to the office l0? zoning classification at 501 Parkway Street, The lot is located at the southwest corner of Parkway Street and Carroll Boulevard and more particularly describ,id as lot 8, block 2, of the First Arendment to the Fityt Installment of the Carroll Park Addition. 2-1119 The Mayor Pro Tem opened the public rsaring. Mr. Is 9, bland, the petitioner, spoke in favor and distributed information to the Council. Mr. Uland stated that he felt that the city staff had not been objective and the Planning and Zoning Commission had recommended dental due to potential parking problems. Mr. Uland presented slides of the location of his petition and other office uses on Carroll Boulevard. The prgblem with Carroll Boulevard was th9 private driveways which required people to back out onto a mayor arterial. There was an article in the statutes which stated that persons cannot back onto a major arterial street. In addition, most people drove faster than the speed limit which aided another hazard. Mr. Uland summarized by stating that he did not feel it was fair for people living on Carroll Boulevard to not be able to sell their property or the highest and best use, , f ✓ J .i a ~ ~ v C( , i ti ~ ",r 7P 1 1 k ;'n~~ a ~ x ! ~ ~ W^n ~ ,nr-~-`,_^.. -_~a~~ ~t w . i~:. ~ r 1T, Y^ , a . . City Council Minutes Meeting of February 19, 1985 Page Eleven Mr. Steve Griffins 607 Parkway, spoke in opposition stating that Jhe was concerneda about the traffic which would be generated by 'an office toning designation and did not feel it would be appropriate in a neighborhood. The Red Cross building was located on this section of Parkway a-A already created parking problems. He also voiced concern regarding additional curb cuts on Parkway and seated that there was no place for traffic to go. He did not feel this would be an asset to the neighborhood. Ms. Patti Griffin spoke in opposition stating that the homeowners on Parkway were adamantly opposed to this petition. Parkway dead-ended into Denton Street by the Junior High School. Carroll Boulevard had problems with traffic but so did Parkway. She concluded by stating that she felt the approval of this petition would ruin, the neighborhood and residents were rstoring these homes and wanted to maintain the residential flavor of the area. Ms. Becky Crow spoke in opposition stating that she lived on Parkway and was very proud of the neighborhood. No amount of money wo-ild replace the homes located here if the area were to go commercial. The traffic was a problem due to the parking situation created by the proximity of the Junior High School. Mr. Cook, 606 Parkway, spoke in opposition stating that he felt the Planning and Zoning Commission was correct in recommending denial for the petition. The Mayor Pro Tom closed the public hearing. The Mayor Pro Tom allowed Mr. Uland five minutes for rebuttal. Mr. Uland stated that he appreciated the thoughts and concerns of the people in the neighborhood but that the property was currently zoned for apartments and he felt the office use would be less offensive to the neighbors. Harry Persaud, Development Review Planner, reported that 20 reply forms had been sailed with 2 returned in favor and 2 returned in opposition, This was a low intensity area and current land uses already had exceeded the limit. The Denton Development Guide encouraged the maintenance of older, existing neighborhoods. The Planning and Zoning Commission had recommended denial of the petition. Riddlesperger motion, McAdams second to deny the petition. Motion carried unanimously. 0. the Council held a public hearing on the petition of Robert J, Caraway, represented by Charles Watkins, requesting a change in the current zoning classification from agricultural (A) to planned development (PD) district on a tract of 6.34 acres situated south of U. S. Highway 380 in the vicinity of Cindy Lane and shown in the William Bryan Survey, Abatract 0148, City of Denton, if approved, the proposed planneJ development would permit the following type of uses 2,17 acres of multi-family apartment development with a density of 20 units per acre 4.17 acres of commercial type uses Z-1722 The Mayor Pro Tom op~nod the public hearing. Mr, Charlie Watkins, representing the petitioner, spoke in favor stating that this parcel was 6 acres of land located in a large moderate intensity area on the south side of Highway 380. The Council had recently approved light industrial zoning in this area, His client had opted to request a planned development due to a church which was located adjacent to the property, The proposed 43 hi' 1 f.Y r•. < 4r 1 x i a r 'F': il. a .f 19N 1 iiV ~a( S 7 Y'Y GI 4 rN SV Y l f i..✓ 1 k1 S r.. City Council Minutes Meeting of February 19, 1985 Page Twelve units of multi-family housing would bs located next to the church Ixto buffer the commercial uses. This rulti-family development would provide screening and open space. The commercial land use on .4 acres would be set back from the multi-family uie. Mr. Caraway had agreed to the exclusions as reCOmxended by the Planning and Zoning Commission. Council Member Riddlesperger asked it there was 60 feet of right-of-way between the church and the street. Watkins replied this was dedicated right-of-way. No one spoke in opposition. The Mayor Pro Tom closed the public hearing. Harry Persaud, Development Review Planner, reported that 4 reply forms had been mailed with 2 returned in favor and 0 in opposition. This was a moderate activity center and was recommended for diverse land uses. This petition included multi-family and commercial. The 43 units of multi-family was far below the acceptable density. The parcel was within the established horizontal zone of the Denton Municipal Airport and as such had conditions attached to the planned development.. McAdams motion, Hopkins second to approve the petition. Council Member Stephens asked if the conditions which the neighbors had requested in the reply forms had been attached. Persaud replied that these requests for conditions had been responded to by the Planning and Zoning Commission and as many as feasible had been considered. Motion carried unanimously. H. the Council held a public hearing on the petition David Spalding, representing Real-Tech, requesting a change in zoning from the single family (SF-10) district to the planned development (PD) classification on a 19.8 acre tract in the R. Beaumont Survey, Abstract 31. The property was located on the east side of Hickle Drive approximately 800 feet north of University Drive (U.S. Highway 380). If approved, the planned development wuuld permit the development of a retirement campus with the following land uses Single Family Attached - 67 units on 9.5 acres with a density of 7 units per acre Multi-Family - 183 units on 5.7 acres with a density of 32 units per acre Health Care Facility - 60 tad facility on 1.3 acres Z-1724 The Mayor Pro Tam opened the public hearing. Mr. Dave Spalding, representing the petitioner, spoke in favor stating that the proposed development was located north of Denton Center, south of Hood Samaritan Village, west of the fairgrounds and east of a residential subdivision. He had not with staff and with individuals from the adjoining neighborhood. Real-Tech was proposing a retirement campus type development. This site had many amenities, such as trees, and proximity to a bank and Good Samaritan Village. Mr. Larry Good, architect, spoke in favor and presented slides of other retirement campus developments with which his firm had been associated. Most of the residents of these retirement campuses were between the also of 65 and 85, The development would have a central dining coos and activity center. ~~r a 'a n ey r s T,; § V ?i} i, l ♦i,a i✓ s to t s r O r. Sd h "src t µ 1Ii 1 s i ry e~ s, 1 as r a i}.V City ,Couneil Minutes Meeting of February 19, 1985 Page Thirteen Mr. Chrles Starnes, engineer, spoke in f%vor of the petition stating that a hydraulic study had been performed. A portion of the property was. in the flood plaint however, channelieation a,md retention ponds would alleviate the problem. There was no- pcoble'ms with utilities. A market study had been completed regarding the traffic and no problems were anticipated. Council Member Stephens asked if the petitioner had tried to work out to have a street outlet to Carroll Boulevard north of the fairgrounds. Starnes responded that this had been discussed with the staff and was given some consideration. This could bo handled during the platting process. His firm would perfer not to do this due to security concerns. They would like to have only 1 access in and out. Council Member Riddlesperger complimented the petitioner on the proposed development plan. No one spoke in opposit0n. The Mayor Pro rem closed the public hearing. Denise Spivey, Development Review Planner, reported that this planned development was for a retirement center and the density and intensity would not be violated. The potential drainage problems had been addressed and the petitioners had met with the neighbors. The proposal was consistent with the Denton Development Guide. There had been 17 reply forms mailed with l roturne3 in favor and 0 returned in opposition. The Planning and Zoning Commission had recommended approval. McAdams motion, Hopkins second to approve the petition. Motion carried unanimously. 1. The Council held a public hearing to consider an ordinance amending Article 26 of Appendix B-Zoning of the Cole of ordinances of the City of Denton to provide for referral and review of the Planning and Zoning Commission's recommendation to deny a request for a change in zoning to the City Council. The Mayor Pro rem o0ened the public hearing. Jeff Mayer, Director of Planning and Community Development, spoke in favor stating that this ordinance would make official what had been practiced for a long time. Any denial by the P&Z must be app2ated to the City council within 10 days. No one spoke in opposition. The Mayor Pro rem closed the public hearing. L. The Council considered adoption cf an ordinance amending Article 26 of Appendix B-Zoning of the Code of Ordinances of the City of Denton. The following ordinance was presenteds N0. 85-32 AN ORDINANCE AMSNDING ARTICLE 26 OF APPENDIX B-ZONINO OF rH3 COD& OF ORDINANCES OF THE CITY OF D8NTON TO PROVIDE FOR REFSRRA[. AND R8VI3W OF THE PLANNING AND ZONING COMMISSION'S RSCOKNUNDATION 'rO DENY A REQUEST FOR A CHANGE IN ZONING TO rH$ CITY COUNCIL ONLY UPON THE TIMELY REQUEST OF THE APPLICANTi AND PROVIDING FOR AN EFFdCTIVE DATE. Hopkins motion, McAdams second to adopt the ordinance. On coil call vote, McAdams "aye," Hopkins "aye," Stephens 'aye,' Alford "aye," Riddlesperger "aye,' Lard Mayor Pro rem Chow "aye." Motion carried unanimously. '.'°`Fl r reV x J^, .v 1 r~ e i *i• r `.ti 9a~•,l' ~ :10 ~ 1 City council minutes Meeting of February 19, 198S Page Fourteen J. The Council held a public hearing to consider in ordinance repealing Article 10 of Appendix B-Zoning of the Cole 'of Ordinances of the City of Denton; enacting a new Article 10 to provide for the issuance of specific use permits:. providing for a penalty in the maximum amount of $1,000 for violation thereoft providing for a severability clause, and providing for an effective date. The Mayo: Pro rem opened the public hearing. Jeff Meyer, Director of Planning and Community Development, spoke to favor stattny that the ordinance wouli be an improvement to the existing legislation as it provided a better criteria. A request for a specific use permit would expire within 1 year. All in violation would pay a penalty. Mr. Burch spoke to opposition stating that he believed the $1,000 should not be charges in existing violations and that they should be "grandfathered" tn. The Mayor Pro Tea closed the public hearing. 1. The Council considered adoption of an ordinance repealing Article 10 of Appendix H-Zoning of the Code of ordinances of the City of Denton and enacting a new krticle 10. The following ordinance was presented; NO. 85-33 AN ORDINANCE REPEALING ARTICLE 10 OF APPENDIX S-ZONINO OF THE COD? OF ORDINANCES; ENACTING A NEW ARTICLE 10 TO PROVID8 FOR THE ISSUANCE OF SPECIFIC USE PERMITS; PROVIDING FOR A PENAWY IN THE MAXIMUM AMOUNT OF $1000 FOR VIOLArION rHERZOF; PROVIDING FOR A SEVERABILITY CLAUS?; AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Stephens second to aiopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye." Alford "aye," Riddlesperger "aye," and Mayor Pro Tem Chew "aye." Motion carried unanimously. A. The Council held a public hearing to consider an ordinance amending Article 12 of Appendix B-Zoning of the Cole of Ordinances of the City of Denton to provide for an amended definition of "kindergarten or ;lursery;" declaring all existing kindserygar;.en or nursery facilities Jegal uses; and providing for an effective date. The Mayor Pro rem opened the public hearing. Jeff Mayer, Director of Planning and Community Development, reported that the Planning and Zoning Commission hal unanimously approved the ordinance which was based upon a previous action of the Council in an effort to straighten out the problem with day care centers, if an existing day care center followed state regulations, they would be legal; if they 114E eot adhere to state regulations, they technically were not day care centers. Council Member Hopkins asked if persons who kept children in thate homes were legal day care centers. Meyers responded the existing ordinance stated that S or more chilJren being kept by a non-parent constttuted a day care canter. Council Member Hopkins stated that he knew of some citicans who kept 10 to 1S children in their home. .,k5 r" + 7 C r Ef '.t 7yIC ^P , +,^r+ T11 r r i f 1° vl\'. p r City Council minutes Meeting of February 19, 1985 Page Fifteen Meyer responded that he suspected that these people would be An violation of, the state regulationsr however, the staff's only interest was that of land use. No one spoke in opposition. 1. The Council considered adoption of an ordinance amending Article 12 of Appendix B-Zoning of the Code of Ordinances of the City of Denton. The following ordinance was presented: NO. L5-34 AN ORDINANCE AMANDINO ARTICLE 12 OF APPENDIX B-ZONING OF THS COD] OF ORDINANCdS rO PROVIDE FOR AN AMENDdD DBFINIrION OF ".AINDdRGARTdN OR NURSERY," DECLARING ALL EXISTING RINDdkGARrei OR NURSERY FACILITItS LdGAL USdS: AND PROVIDING FOR AN EFFECrIVF. DArd. McAdams motion, Riddlesperger second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," and Mayor Pro Tom Chew "aye." Motion carried unanimously. 10. Ordinances A. The Council considered adoption of an ordinanco accepting competitive bids and providing for the award of cone rr._ts for the purchase of materials, equipment, supplies or At.ervicesr providing for the expenditure of funds thereforer and providing for an effective date. The following ordinance was presented: NO. 85-35 AN ORDINANCE ACCdPrING COMPdTIrIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASd OF MATERIALS, EOUIPM84T, SUPPLIES OR SdRVICES, PROVIDING FOR THE 904NDiru m OF FUNDS THEREFOREr AND PROVIDING FOR AN eFFECrIV& DAre. Stephens motion, Hopkins second to adapt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlespergor "aye," and Mayor Pro rem Chew "aye," Motion carried unanimously. B. The Cooncit considers,] adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvementsr providing for the expenditure of funds thereforer and providing for an effective date. 'rho following ordinance was presented, NO, 85-3b Al ORDINANCE ACCdPTING COMPartfIVE BIOS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORAS OR IMPROVEMENTS: s PROVIDING FOR THE EXPdNDITURE OF K NDS rHERSFOR: AND PROVIDINO FOR AN 9FFECfIVd DATE. McAdams motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperjor "aye," end Mayor Pro rem Chew "aye, Motion carried unanimously, City Council Minutes Meeting of February 19, 1985 Page Sixteen C. ;rho Council considered adoption of an ordinance providing for, the expenditure of funds for emergency purchases Hof materials, equipment, supplies or services in accordance with the provisions of state law exempting such purchases from requirements bf competitive btdsi and providing for an effective date. ! The following ordinance was presentedr NO. 85-37 AN ORDINANCE PROVIDING FOR THd EXPENDITURE OF FUNDS FOR 3MERGENCY PURCHASES OF MATERIALS, Ea3UIPmzar, SUPPLIES OR SERVICES IN ACCORDANCE wtrti rde PROVISIONS OF STATE LAN EXEMPrING SUCH PURCHASES FROM RyQUIREMENTS nF COMPdrICIVE BIDSr AND PROVIDING FOR AN EFFECrIV.' DATd, McAdam3 motion, Hopkins second to aiopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," and Mayor Pro :em Chew "aye." Motion carried unanimously. D. the Council considered adoption of an ordinance approving a proposed pro rata and oversize a3reement with Greenway Plaza (Tony Raposa, owner and/or his assigns) for a new 12" water line from Thunderbird Street south alon3 IH-3S service road to University Drive approxistely 1900 feet to connect to the existing 12" water line on the south side of University Drive. Rob Nelson, Director of Utilities, reported that this was as routine oversizing for a development north of IH-35 and University, The following ordinance was presentelt NO, 85-38 AN ORDINANCE APPROVING A CONrRACr FOR rH6 CITY'S PAR'rICIPArION IN THE COST OF INSTALLING OVERSIZE WATERLINE FACILITIESt AUTHOR22tNG ra MAYOR r0 eucurd ru CONTRACrt APPROVING THd EXPENDITURE OF FUNDS rHEREFORE, A.4D PROVIDING FOR AN EFFdCrIVd DATE. Hopkins motion, Mckdarr.s second to adopt the ordinance. Council Member Stephens stated that several property owners were between the existing and extended water line. He then ssked if the development would have a street which wouli connect to Payne to give an access out of Greenway in addition to the one to the IH-35 service road. Nelson responied that Rick Svehla woul3 have to reaponi to that question. Council Member Hopkins stated that he wouli like to see an addition access road back into the Greenway addition. On roll call vote, McAdams "aye " 11opkl,is "aye," Stephens "aye," Alford "aye," Riddlesperger "aye, Mayor pro rem Chew "aye.' Motion carried unanimously. E. The Council considered adoption of sn ordinance approving participation in a water shed environmental assessment study with the North Central Texas Council of Governments and six mettopiex utilities. Bob Nelson, Director of Utilities, reporting that the city was working actively with the North Central texas Council of Governments in assessing and analysing any pollition problems in area leakes. The City had already done some research in this area but this study would be much more in-depth. ~ A r~ n. , s.. „z ~~a V 5>s"c a° is'P e ; i ~.r r City Council Minutes Meeting of February l9, 1985 Page Seventeen rho following.ordinance was presenteds ► NO. 85-39 ' AN ORDINANCE OF THE CITY OF DEN'TON, TEXAS, APPROVING AN AGRdFM&NT FOR THE CITY'S PARrICIPArION IN A NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENT'S (NCTCOG) RESERVOIR WATERSHED MANAGEMENT PROGRAM; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AUTHORIZING THE MAYOR TO 4xacu d ras AGREEMSNTt AND PROVIDING FOR AN EFFdCrIVE DATE. Riddlesperger motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," and Mayor Pro Tem Chew "aye. Motion carried unanimously. F. the Council considered adoption of an ordinance amending Appendix At Article Ill, Section 4.09, extensions of water and sewer mains, sub-section 0, service from existing substandard size lines. Bob Nelson, Director of Utilities, reported that this amendment to the existing ordinance dealt with substandard water line. In the case where a water line was substandard, the current policy was not to allow people to tie on. With commercial development, the next larger site line was required. to be used and extended across the frontage of the property. Individuals have been allow to tie on to substandard lines. This amendment states that a person requesting approval of a development (if the lot was within 300 feet of an existing fire hydrant) where an existing water line was determined to be substandard, could pay to the city a pro rata charge in an amount that would have been charged for tappingg a water line of sufficient capacity in Lieu of installing an ad3ltional water line. Upon approval of the development and the payment of the pro rata charges and other applicable tapping„ etc. charges, the person could then connecting to the existing substandard water line. The following ordinance was presentedt N0. 85-40 AN ORDINANCd AMdNDlNG APPAdDIX A (DdNrON DEVELOPMENT CODE) OF rHE CODE OF ORDINANCES OF rHE CITY OF DEYrON TO PROVIDE FOR PAYMENT OF PRO RATA CHARGES IN LIEU OF INSTALLATION OF M QUIRED WATER LINdS TO S3RVd SINGLE FAMILY RESIDENTIAL LOT DdVELOPMENrSt AND PROVIDING FOR AN srucrive DAr3. McAdams motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford 'aye," Riddlesperger "aye," and Mayor Pro Tom Chew "aye." Motion carried unanimously. G. The Council considered adoption of an ordinance calling a street bond election for the City of Denton to be held March 23, 1985. Rick Svehla, Assistant City Manager, reported that the ordinance was presented in the agenda back-up material and would call the election of March 23. The election would be for 010 million for street improvements for those street which were ranked as priority 1 streets by the bond committee. The following ordinance was presented; NO, 85-41 ORDINANCE CALLING A BOND ELECTION City Council Minutes Meeting of February L9, 1985 Page Eighteen Stephens motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," and Mayor Pro Tom Chew "aye." Motion carried unanimously. H. rho Council considered adoption of an ordinance calling and ordering an election for the City of Denton for the purpose of electing four Councilpersons for Places 1, 2, 3 and 4 to be held on April 6, 1985. The following ordinance was presentedi NO. 85-42 Ad ORDINANC9 CALLING AND ORDdRING AN ELECTION TO BE HELD IN THd CITY OF DdNrON, rems, ON APRIL 6, 1985, FOR THE PURPOS3 OF 3LECrING FOUR COUNCILPERSONS 'TO 'THE CITY COUNCIL OF THE CITY OF D49rON, TEXAS FOR PLACES 1, 2, 3 AND 4; ORDdRING TRAC rhd PUNCH CARD dLECTRONIC VOrING SYSr3M ADOPTED BY 08NTON COUNTY BE USED IN SAID ELECrION1 PROVIDING FOR VOTING PLACES AND APPOINTING ELECTION OFFLCIALS AND PROVIDING FOR ELECTION SUPPLIES. McAdams motion, Riddlesperger second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," and Mayor Pro Tom Chew "aye." Motion carried unanimously. Council Member Alford left the meeting. I. Consider adoption of an ordinance approving a contract between the City of Denton and Charles Willis and Associates. Bill Angelo, Assistant to the Director of Public Works, reported that approximately two month earlier, the Council had tentatively chosen Willis and Associates to prepare the master plan for the Denton Municipal Airport. The grant award had basn received from the FAA and sta`_f was now asking to formally approve the contract. The following ordinance was presentedi NO. 85-43 AN ORDINANCE APPROVING A CONTRACT BETWEEN THd CITY OF Ddwro4 AND CHARLdS WILLIS i ASSOCIATdS, INC., FOR PROFESSIONAL CONSULTING SdRVICES RI-GARDING AN AIRPORT MASrdR PLANNING STUDYI AUTHORIZING THE MAYOR TO EXECUTE THs CONTRACT) APPROVING THE dXPENDITURE OF FUNDS THeREFOREt AND PROVIDING FOR AN dFFECrIVd DArd. Hopkins motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "ate," Alford "aye," Riidlesperger "aye," Mayor Pro Tom Chew "aye. Motion carried unanimously. J. The Council considered adoption of an ordinance &sealing and reenacting in its entirety Article III of Chapter 1S of the Code of Ordinances of the City of Denton establishing a Police Reserve Forcer providing for manner of appointment, minimum qualifications and status of Police Reserve Officers) repealing all ordinances in conflict l.erewith) and declaring an effective date. Council Member Alford joined the meeting. City Manager Chris Hartung reported that the present ordinance was out of date and did not comply with state statues. Chief Lynch and Police staff had worked with the legal department to amend the existing ordinance t,j bring it into compliance, r City Council Minutes Meeting of February 19, 1985 Page Nineteen The following ordinance was presenteds , N0. 85-44 AS ORDINANCE AMENDING AND REENACTING IN ITS ENTIRETY ARTICLE Iii OF CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, ESTABLISHING A POLICE RESERVE F0RC8; PROVIDING FOR MANNER OF APPOINTMENT, MINIMUM QUALIFICATIONS AND STATUS OF POLICE Rd SERVE OFFICERS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE. McAdams motion, Stephans second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlespsrger "aye," and Mayor Pro rem Chew "aye.' Motion carried unanimously. 11. Resolutions A. The Council considered approval of a resolution approving the submission of an application to the Texas Criminal Justice Division requesting funding for a Juvenile Police Officer. City Manager Chris Hartung reported that this was a continuation of an existing grant. The following resolution was presented; R 8 S 0 L U T I 0 N WHEREAS, it is necessary for the Council o-: the city of Denton to authorize the submission of an application to the Texas Criminal Justice Division requesting funding for a Juvenile Police officer to augment the City's Juvenile Law Enforcement Program; and WHEREAS, Article 4413 (32a), V.T.C.S. was amended to enable the Criminal Justice Division of the state of Texas to allocate grants and administer criminal justice programs on a statewide level; and WHBREAS, the City of Denton is eligible to receive such funds and desires to promote the public safety and well-being of its citizens through increasing the effectiveness of the Denton' Police Department in its law enforcement relating to juveniles; NOW THEREFORE, BE Ir RESOLVED BY THR COUNCIL OF THE CITY OF DENTON, rEXASe SECTION I. That the City Council of the City of Denton, Texas, certifies that the City is eligible to receive a funding allocation from the Texas Criminal Justice Division for a Juvenile Police officer to augment the City's Juvenile Law Enforcement Program and hereby authorizes the staff to submit an application for such funds. SECTION II. That the City Council ',preby authorizes and directs the City Manager, or his designee, to represent and act on behalf o" the City of Denton in working with the Criminal Justice Diviv an in regard to such grant application. SECTION III, that a copy of this Resolution shall be forwarded to the Texas Criminal Justice Division and the North Texas Central Council of Governments, wl~ J ;,y ~t r y,- "i d r~r r 3' i a' in y t x .y r+ ~ 5 4n kLr'1 wy fan t y 6y p ^n,r, r S r: City Council' Minutes Meeting of February 19, 1985 Page Twenty P1SS$D AND APPROVED this the 19th day of February, 1983. , ATUHARD 0. , M CITY OF DeRrON, TEXAS ATT85r: CHARLOTTE ALLEN, CITY SECRSrARY CITY OF OSNTON, TEXAS APPROVED AS TO LEGAL FORMt JOE D. MORRIS, ACTING CITY ATrORNEY CITY OF DENTON, TEXAS BY: McAdams motion, Hopkins second that the resolution be approved. on roll call vote, McAdams "aye," Hopkins 'aye," Stephens "aye," Alford "aye," Riddlesperger "aye," and Mayor Pro Tom Chew "aye." Motion carried unanimously. B. the Council considered approval of a resolution approving the submission of an application to the Texas Criminal Justice Division requesting funding for the city's Crime Prevention Program. City Manager Chris Hartung reported that this also was a continuation of an existing grant. The following resolution was presented: R d S 0 L U r I 0 N WHEREAS, it is necessary for the Council of the City of Denton to authorize the submission of an application to the Texas Criminal Justice Division requesting funding for the City's Crime Prevention Program: and WHEREAS, Article 4413 (32a), V.T.C.S. was amended to enable the Criminal Justict Division of the State of Texas to allocate grants and administer criminal justice programs on a statewide levelr and WHEREAS, the City of Denton is eligible to receive such funds and desires to protect the safety and well-being of its citizens through the reduction of crimot NOW THEREFORE, BE IT FU SOLVED BY rHE COUNCIL OF THE CITY OF DENTON# rSXhS: SECTION T, That the City Council of the City of Denton, Texas, certifies that the City is eligible to receive a fuming allocation from the Texas C:i3inal Justice Division for the City'a crime Prevention Program and hereby authorises the staff to submit an application for such funds, SECTION 11. Thr,t the City Council hereby authorizes and directs the City Manager, or his designs, to represent and act on behalf of the City of Denton in working with the Criminal Justice Division in rejard to such grant application. t i~ rr~ `J~~"F t} u, 'y v i> `i t C: i j , .r r - Luc ! 1 +kt x i /h ti Y R. r S l S'V City Council Minutes Meeting of February 19, 1985 Page Twenty-Ons SBCl'Y.ON III. , e That a copy of this Resolution shall be forwarded to the Texas Criminal Justice Division and the North Texas Central Council of Governments. PASSED A.YO APPROVED this the 19th day of February, 1985. RICHARD O. SrawARr, MAYOR CITY OF DENTON, rexAS Ar'TESTr CHARLOTTE ALLEN, CITY SECRETARY CITY OF DeSTON, TEXAS APPROVED AS TO LEGAL FORMS JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS By3 Stephens motion, McAdams secorvt that the resolution be approved. On roll call vote, McAdams "aye,' Hopkins "aye," Stephens "aje," Alford "aye," Riddlespergec "aye," Mayor Pro Tom Chew "aye." Motion carried unanimously. C. rho Council considered approval of a resolution to amend the Fox-51 lease at the Denton Municipal Airport. Bill Angelo, Assistant to the Director of Public Works, reported that on January 15 the Council had approved an amendment to the Pox-51 lease at the airport for additional hanyars. It had beer found that a portion of the property to be used for the hangars '.ad been covered in tho first Lease agreement. This resolutie., was amend the first lease to include all of the property. The following resolution was presentede R E 8 0 L U T I 0 S WHEREAS, tho City of Denton ler-as land upon the Denton Municipal Airport to Fox-51 Limited by '.ase agreement latei July 1, 1980; and WHEREAS, Fox-51 Limi~ad, acting by ani through its President Mr. F. D. Strickle on January 15, L985, exercisel its option to lease additional property on the Airport at three and one-half cents per squaro foot per year for the purpose of building an aircraft hangar and elated aircraft ramp; and WHEREAS, '.ring subsequent planning ani development of that hangar it was fo%ad that an additional 5,500 square feet of property is required to decommodate the needs of Pox-SL Limits3r ani W'.dRdAS, the City Council of the City of Denton, Texas, believer it to be in the interest of efficient Airport Operations to lease dditional property to Fox-51 Limited; ''jW, THEREFORE BB IT RESOLVeD BY THE COUNCIL OF ru CITY OF '.dNTON, TEXAS, rHATi SECTION i. The attached amendment to the airport Lease agreement of July 1, 1980, between the City of Denton and Fox-Sl Limited is hereby approved. sM . 1 Nl V~ ~~4 K. P ! R F City Council Minutes Meeting of February It L985 Page Twenty-Two SECTT,ON tI. the Mayor is hereby aut^.-3rired to execute the attached amendment on behalf of the Cite and the City Secretary is hereby directed to affix this Resolution, with the executed amendment attached, to the origina? airport lease agreement dated July 1, 1980, inscribing on t-, original agreement the tact it has been amended and the effoo.tve date of such amendment. SECrT:a III. the Resolution passed and approved on January 15, 1985 wni%'. amended the airport lease with Fox-51, Limited is hereby -,scinded. SECTION IV. This Resolution ehall be effective immediately upon its passage and approval. PASSED AND APPROVED this the 19th day of February, 1985. RICHARD 0. SS W~u ART.-K-AVOR CITY OF DENTON, TEXAS Ar'resr, CHARLOTTE ALLeRj CITY 9-9CRErARY CITY OF DEN'TON, TEXAS APPROVED AS TO LEGAL FORMi JOE D. MORRIS, ACTING CITY Arromg Y CITY OF DENTON, TEXAS BYl Stephens motion, Riddlesperger second that the resolution be approved. On roll 'call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Mayor Pro Tom Chou "aye." Motion carried unanimously. D. The Council considered approval of a resolution approving plans and specification for the Pox-Sl hangar. Bill Angelo, Assistant to the Director of Public Works, reported that the staff had receivel and reviewed the plans and specification for the Fox-51 hangars, The material was the same as the existing hangars. Council Member Hopkins asked if the engineering specifications had been approved. Angelo responded no. The approval of this resolution did not that the plans would not have to go before the Building Official. Council Member Hopkins stated that his concern was that the hangars be structurally sound. The following resolution was presentedi R E S O L U T I O N WHEREAS, the City of Denton has leased land upon the Denton Municipal Airport to Fox-51 Limbed by lease agreement dated July 1, 19801 and . City Council Minutes Meeting of February 19, 19SS Page Twenty-Three WHERAM Pox-51 Limited desires to construct a 100 X 112 foot aircraft,hangar a,nl related office, storage and ramp facilities upon the leased premisesr and WHEREAS, the lease agreement provides that the plans and specifications and the location of the improvements, the estimated cost of such construction, and the agreed estimated life of such structure be approved by the City Council of the City of Denton before any such construction may commencer and WHEREAS, the plans and specifications, the location and the estimated cost and life of such construction have been reviewed by the appropriate offices of the City staff and the Airport A-Ivisory Board and found to be in compliance with applicable City Ordinances and policies; Now, rHERd?ORE, BE IT RESOLVED BY THE COUNCIL OF Tre, CITY OF D&ArON, 'TEXAS, rNArs SdCrION I. The plans and specifications for the proposed constructions if an airpM,rt h3ngar and related office, storage and ramp facilities by Fox-5l Limited, attached hereto and incorporated herein by refere,ice, at the location shown thereon, are hereby approved. 58CTION it, The estimated cost of such construction of 160,330.30 and the estimated life of the proposed structure of thirty (30) years is hereby approved. SECTION ITT. fhIs- Resolution shall be effective immeAlately upon its passage and approval. PASSED AND APPROVED this the 19th day of February, 1985. $~y. R~iS~FTMTA~,l~A1'OR c1r Y OF DCNrON, TEXAS ACUSN CHARLOTTE ALLE±I,C _r? SECRd PARY CITY OF OEN;ON, U XAS APPROVED AS rO LEOAL FORMNr JOE D. MORRIS, ACrINO CITY Arro msY ,:IrY OF DENrON, reXAS Bye McAdams notion, Hopkins second that the resolution be approved. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alfotd "aye," Riddlesper'ger "aye," and Mayor Pro Tem Chew "aye." Motion carried unanimously. 9. rho Council considered approval of a resolution authorizing members of the City of Denton Police Reserve Force. City Manager Chris Hartung reported that this resolution was to be approval in conjunction with the ordinance prevloualy considerel. rho members of the Police Reserve Force must be approved by resolution. Council Member Stephens asked what type of training the reserve received. City Council Minutes Meeting of February 19, 1985 Page Twenty-Four Lt. Paul Carbqrry responded that the reserves must qualify the sApe as other officers including qualification with tireapons. ` The following resolution was presentedr R E S 0 L U r 1 0 N WHEREAS, the City Council of the City of Denton, Texas, by Ordinance No. 85-44, has created and established a Police Reserve Force pursuant to Article 998a., V.r.C,S; and WHEREAS, Article 998a., V.T.C,S., requires that the City Council approve persons appointed to the Police Reserve Force before those persons may carry a weapon or otherwise act as a peace officers and WHERdAS, the City Council deems it to be in the best interests of the public safety and security of the citizens of Denton to authorize members of the Police Reserve Force to exercise the full authority allowed by statute) NOW, THEREFORE, BE 1T RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAri Section 1. The following members of the Police Reserve Force are hereby approvodr Pam Allen Kerry Jones Mike Barrow Dana Kaisner Art Behrens Chuck :Cull Linda Cagle John Lassiter Alice Gore Shirley Joan Lawson Louts Heath Robert Lockett Brian Joseph Horn Ivey Price Ronald H. Hull Shop Scogin Mike Hupp Section It. The members of the Police Reserve Force approved in Section I hereof may carry weapons only when authorized by the Chief of Police and when discharging official duties as duly constituted peace officers. Section 111. This Resolution shall be effective immeiiately upon its passage and approval. PASSdO AND APPROVED this the 19th day of February, 1985. RICHARD 0. S'Td'AR , MA OR r CITY OF omON, TEXAS ArrESr s CFARLOTrd ALLEN, CITY SdCRdTAR1? CITY OF D99TON, TEXAS APPROVED AS TO LEGAL FO'Wi ROBERT Be HUNTER ASSISTANT CITY ATTORNEY CITY OF DENTON, TEXAS : sn i. ' r., nr. S . ui"... r~C l ~id City Council Minutes Meeting of February 19, L985 Page Twenty-Five Stephens motion, McAdams second that the resolution be approved. Gn roll call vott, McAdams "aye,` Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," and Mayor Pro Tam Chew "aye." Motion carried unanimously. 12. The Council considered revisions to the FY 85 Capital Improvements Plans (Utility Department). Bob Nelson, Director of Utilities, reported that as the year progressed, staff reviewed the Capital Improvements Plan with an eye to priorities and schedules. In FY 84 certain projects had been programme] in but could not be accomplished as bonds had not been sold. Several of these project would be moved forward this year. The revised CIP called for the sewer lines on Eagle Drive, Carroll Boulevard and Locust Street. Approximately 9250,000 less than projected would be expanded this year than had been programmed in. This would help tho profit picture at the end of the year. McAdams motion, A.Lford second to approve the revisions to the FY 85 CIP. Motion carried unanimously. 13. The Council was to consider authorizing the use of explosives for blasting at the new landfill site. This item was removed from the agenda by staff. 14. There was no official action on dxscutive Session items of legal matters, real estates personnel, or board appointments. 15. The following items of new business were suggested by Council Members for future agandase 1. Council Member Riddlesperger asked that documents be prepared to be sent to the State legislature opposing the proposed legislation requiring publication of notice of intention to annex property. 2. Council Member Stephens asked staff to prepare a proposal to establish a corridor for the southern extension of :,oop 288. 3. Council Member Stephens asked for a report on cost estimates for new sidewalks and repairs to existing sidewalks for the Carroll Boulevard, Eagle Drive and Highland Street area. 4. Council Member Hopkins asked for a report of the impact on the City of Denton by loss of federal revenues. 5. Council Member Hopkins asked that a meeting be arranged with the Flow Hospital Board of Directors to look at the situation with Flow. 6. Council Member Hopkins asked for a report in the near future regarding the Parks and Recreation master plan. RI HARD 0. STSWARr, MAYOR cRARLOrTa ALEN, CITY SECRSrARY 1674C , City Council Minutes February 26, 1985 The Council convened into the Special Called Meeting at 5:30 p.m. In the Council Chambers. PRESENT: Mayor Stewart; Mayor Pro Teo Chew; Council Members Hopkins, MCAda+s, Riddlesperger and Stephens Assistant City Manager, Acting City Attorney and City Secretary ABSENT: Council Member Alford was out of town on business 1. Public Hearings A. The Council held a public hearing to consider the adoption of an ordinance, establishing four single member districts. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. Cecile Carson, urban Planner, reported that the information on the four districts had been recreated from the 1980 census and all annexations since 1982 had been added. In the District 4 there had been on increase in the minority break-down of the population; however, this had been the only significant change. Mayor Pro Tea Chew asked what was the formula used to arrive the the percentages. Carson responded th,j breakdown was taken from the 1980 census. The block divisions of the census tracts were the combined percentages of the minority breakdown by districts. Mayor Stewart stated that there was an increase in the population in District 1. Carson responded there were tncresses in two census tract areas. Mayor Stewart stated that there was an increase in population of 335 In District I. Carson replied that annexations had been added to the previous census tract information. Council Member Stephens stated that the new information did include all annexation from 1982. The original census had considered a certain vacancy rate for apartments and asked if staff had considered a lower vacancy rate in these calculations. Carson responded that staff was legally required to work from census information only. Mayor Stewart stated that it was possible to petition the Census Bureau at mid-term for new data and asked if that had been considered. Carson responded that it had been considered but staff was working under a time deadline to subsit the revised information to the Justice Department prior to the April elections. 2. Ordinances The following ordinance was presented, City Council Minutes Meeting of February 26, 198S Page Two NO. 9S-45 AN ORDINANCE CREATING AND DESCRIBING FOUR SINGLE ME24BER• ELECTION DISTRICTS IN THE CITY OF DENTON, TEXAS; DETERMINING THE POPULATION OF THE CITY OF DENTON AND OF EACH SINGLE MEMBER DISTRICT; AND PROVIDING THAT THIS ORDINANCE SHALL BECOME EFFECTIVE FROM AND AFTER THE DATE OF PASSAGE OF THIS ORDINANCE. Riddlesperger notion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unant.e!ously. 3. Resolutions A. The Council considertd appproval of a resolution approving an Airport Lease Agreement with Mr. Benjamin Bennitt. Clint Lynch, Airport Manager, distributed an attachment to the proposed lease agreement. Lynch reported that the area in question was approximately 11 acres oc property south of the FAA ramp and the lease would be for a fu.11 Fixed Base Operator facility. The agreement was the standar%i 20 year lease with four 5 year extensions j provided. Cost of the 1'.aase would be 3 1121 per square foot per year. Also the lessee would pay to the City 101 of all hangar and tie-down rental fees and a $t fuel flow fee. bill Angelo, Assistant to the Director of Public Works, reported that there would be some costs incurred by the city. An entrance road would have to be constructe(4 as well as the extension of a water line. The total cost would be approximately $47,000. These two improvements would also serve i pprox mately 29 acres surrounding the lease property. With 2 FBOs at the airport, the city could assume control of the Unicom. This would mean an additional staff member. The payback of all costs for improvements would take approximately 3.6 years. Council Member Stephens asked where the water line would come from. Angelo responded that there was a 12" water tine on Airport road. Council Member Stephens asked regarding the cost stating that it initially was very expensive. Clint Lynch responded that the line would be extended 1400 feet. Cost figures had been obtained from the Water Department and included the line and hydrants. Council Member Stephens asked if the construction would be done by City crews or contracted. Angelo responded the work vould probably be contracted out. Assistant City Manager Rick Svehla reported that the design work would be done in-house. Lynch presented a map of the prospectiii lease proprty and water lines. Council Member Hopkins asked what sire the water line would be. Lynch responded all. Council Member Stephens asked if this would accommodate future growth. Lynch responded yes. I City Council Minutes Meeting of February 16, 1985 Psge Three Angelo reported that the area could be served from t'..e water main on,` Airport Road but in order to meet City codes regarding fire safety requirements, staff was asking for an 8' line. Mr. Benjamin Bennitt and Mr. Gerald Smith were recognized. Mr. Bennitt stated that he was happy to have an opportunity to provide this service to the community. Mayor Stewart asked if Mr. Bennitt was to oe a Piper aircraft representative. Mr. Bennitt responded that the Pippeer organization had factory direct sales And representative sales. He had good rapport with the Brown Piper organization in San Antonio who were distributors and 'ir. Brown was looking forward to having representation in Denton. Council Member Stephens asked if the Airport Advisory Board had met and approved this lease. Angelo responded the Airport Advisory Board had met and had voted unanimously to recommend approval of the lease. The following resolution was approved: R E S O L U T I O N WHEREAS, the City of Denton owns property available for lease at the Denton Municipal Airport; and WHEREAS, Benjamin A. Bennitt, doing business as , desires to lease property at the Denton Municipal Airport en to use the some for a fixed base operation; and WHEREAS, fixed base operation services are essential to the proper accommodation of general and commercial aviation at the Airport; and WHEREAS, the Airport Advisory Board has reviewed and recommended approval of the attached proposed lease agreement; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: SECTION I. I The Airport Lease A reement (Fixed Base Operator) betceen the City of Denton and BenN ain A. Bennitt, attached hereto and incorporated herein by reference, is hereby approved. r SECTION ll. The Mayor is hereby authorized to execute the attached lease agreement on behalf of the City. 4SECTION III. T.nis Resolution shall be effective immediately upon its passage and approval. PASSED AND APPROVED this the 26th day of February, 1985. CITY OF DENTON, TEXAS j N a C' 1•.. 4. ' .a e t City Council Minutes Meeting of February 26, 1985 Page Four ATTEST: CITY OF DENTON,lTEXAS APPROVED AS TO LEGAL FORM: JOB D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS 8 Y: McAdams notion, Chew second to approve the resolution. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Riddlesperger "aye," Cnew "aye," and Mayor Stewart "aye." Motion carried unanimously. 1. The Council convened into the Executive Session to discuss le al natters, real estate, personiel and board appointments. No of iclai action was taken. With no further items of business, the r-r ting was adjourned. KIM , LKARLULLE ALLEN, CITY 51KIthfART 1675C DATE: 03/19/85 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: Approval of Plats and Replats RECOMMENDATION: The Development Review Committee and the Planning and Zoning Commission recommend approval of the following plats and replats: 1. Preliminary Plat of Creekside Addition 2. Preliminary Plat of Kelsoe-Pitner Addition ' 3. Preliminary and Final Replat of John A. Hann`s Addition, Block 2, Lot 4-R1. SUMMARY: BACKGROUND: PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Not applicable FISCAL IMPACT: Not applicable Respegpfu y a m ted: r a ar ung City Manager Prepared nnby: Cecile Carson Urban Plani.er App v e eyw Director of Planning and Cor;aunity Development CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: March 19, 1985 SUBJECT: Approval of the preliminary plat of Creekside Addition SUMMARY: This is a tract of 3.4745 acres situated south of and abutting US Hwy 380 and west of Loop 288. The tract is more fully described as Lot 1, Block 1, Creekside Addition, and shown on the R. B. Longbottom Survey, Abstract 775, City of Denton. The site is zoned commercial, and a mini-warehouse development is anticipated. Water, sanitary sewer, electric, telephone, and solid waste disposal services and facilities are adequate and available. ACTION REQUIRED: Approval of the preliminary plat RECOMMENDATION: The Planning and Zoning Commission recommends approval of the preliminary plat of the Creekside Addition. ALTERNATIVES: Approval or denial of the preliminary plat ATTACHMENT: Reduced preliminary plat Cecile Carson Urban Planner 0721j(3) CDYYLaG,AA tD~ Of•~• eY STATE Of TEXAS u • Qt calvtl or xrtol L r R / P79453 "taw. I. Ab•D MCI , w T1t claim of A 1.Nd kL Text w 4•, r~ cot • Ti s4f 34R€. U. la Au / o tcle wren arnvn, wTUCT ln. cIn ue osom or a caa 599.17 S. Nw "l •WK11::10 11 A RID 1 w %16&? V Ta ATIV4. Ft WE i0~ _ IOp• Y _ ICYRIIna 0 rN It" DA1 Ar uniopLl! Jett. 111C94013 It 1Ay111 tRg1 '►as 380 a ,Y M. PaCk 6„1 It IAIA C1171 ANE LIK r[w MILT 4r t MV ufu . 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CAA o lmmrt. ucl/Mate flahill I NMt+7t IN r11V , a• N a1&SA Culln fuT 1 rurADES WE hAt INK Y ftn-6 r I -_7L- -L-.:..-~a~a..~~, ~t~i, M'C T•aa'raK ~M aceuuta 1CAn of 111E Luc, AA laaT tYl Ib1 Plot W" 'taltfc,7 i - _ _ _ RaOruD~D l0 MAuM CANaM T• it All Ito too a,N NEWS PLACES 61.11 ►t rN70RLL 101111/101 11 KC9aMia 61-20 tY No& lsy 47Cy} `-a 1 OaTMAA11 Of TII Cs" Ot NaTIA. RAW MYr. 10 be tL lie were +.ri' ►l9e~to':e w - seen 11 7 3045 Ao116 the 11 ACtl11fy tromp D0110R01, FN Coy to CMMIt it Dole", Tt a' 71'-... IIU 1 Lil for Catall7ttlfl WE ,rr- 14f. Ll1A / I : AOa,nA1t•Ml IONt DrICto P"I "",/&Y 4}IIf. I✓•e O'D ,.•+n 1+ a..! !h nNOalsT t,/;,Dja Rf//. 0.isf 0;. Pr- At IN SAN ANTTA4 1% 111„ i.4td ad Ed Ad WAAAWjd AL9 W41 i. ors elt HARARASTy H ea CREEKSIDE ADDITION PR- CAN at CONlUMNf t%fINtEN! t OUNKY04f R. A, Lb,IOBCTTOM SURVEY A9 > Ts DINIONA I aTt uml ar loauu JtKAA rim- a In CITY G LINTY IDENTON TEXAS 7 V~ t CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: March 19, 1985 SUBJECT: Approval of the preliminary plat of the Kelsoe- Pitner Addition SUMMARY: This is a tract of 0.47 acres located at the northeast cornet of Vine and Schmitz. The tract is more fully described as Lot 1, Block 1 of the Kelsoe-Pitner Addition and shown in the BBB & CRR Co. Survey, Abstract 185, City of Denton. The property is zoned multi-family (MF-1) and multi-family development is anticipated. Water, sanitary sewer, electric, telephone, and solid waste disposal services and facilities are adequate and available. ACTION kEQUIRED: Approval of the preliminary plat RECOMMENDATION: The Planning and Zoning commission recommends approval of the preliminary plat of the Kelsoe- Pitner Addition. ALTERNATIVES: Approval or denial of the preliminary plat ATTACHMENT: Reduced preliminary plat l.,l. CA G (~h.nf3,n.- Cecile Carson Urban Planner 0721)(5) i WIN roe . ~r w:r k wqf Kr _ arr r.AL .d J sMVCAWtK. ~ T t t I t ~ IP ~y1t~y SLOGfI I I avarice roe.%urw • I t FfkrUld"ft MAT, KELSOE-PItNM ADOMON arb. .LOT,1, -6iOpC its I wt err - - _ "'owi¢ia x~ ~~ctos . . ' 8 RKE MUMEERI NC. . SINMifZ r ervw►wa t7 .f„M:: ~ (MAN SYlf~u'e a• 1 !/nr/fit 10 go'w" I IS 1009 AbJ./.I ~w't~ ~ . .Ia 611rhSS u RECEIVE:' MAR I 14~4S CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: March 19, 1985 SUBJECT: Approval of the preliminary And final replat of John A. Haan's Addition, Lot 4-R1, Block 2 SUMMAPY: This is a tract of 0.749 acres situated east of Austin Street and south of Hann Street. The tract is more fully described as Lot 4-R1, Block 2 of the John A. Hann's Addition and shown in the BBB & CRR Co. Survey, Abstract 185, City of Denton. The site is zoned multi-family (MF-1) and multi-family development is anticipated. Water, sanitary sewer, electric, gas, telephone, and solid waste services and f&cilities are adequate and available. ACTION REQUIRED: Approval of replat RECOMMENDATION: The Planning and Zoning Commission recommends approval of the preliminary and final replat of John A. Hann's Addition, Lot 4-R1, Block 2. ALTEUNA'IIVES: Approval or denial of replat ATTACH!{CNT: Reduced replat tAfj- l1 Cecile Carson Urban Planner 071Ss Aw see wlf~'.p ~ lO.BT dd r h A 11 ~ 1W~ I.tC s*ncctT ~ { OCINt aTKM r~l YC u l n'~. r ~ 0 1- + I l.,)T 4 - R ~ I.TIT ] i I. + OLK z it ff F ti + N 1. HANN ADON r BLOT 4-RI N ~bISl,Pgs471 411 tit' *,II, DIe6 RlcaEa , eLOtlc x v1av,T, VAP 9.000 At. N- _ 1" 12JCr STREET 0.749 Ae. - r- DEMATma 1- i MILLAFD THORP I WOOOSON ' 111 7721176 ■ ru S E Tt - TADS ACOTION LOTS 15 2 BLOCK I IUNRECOROt6) .O sa' gtAEtT DCDIC atK7r s UTILITY AMT. ~ 1 7.1 N W4 • 146.q CARL ROHDE OMINER Val *0 9.Pq 796 L - STRATA PROPERTIES, INC. PLAT OF JOHN A. HANN'S ADDITION LOT 4-RI, BLOCK 2 BEING A REPLAY OF LOT 4-R, BLK. 2+ JOHN A. HANN'S ADON, I. REC. IN CAB. 0, 1116.66; P.R.O.C.T. IS. B. b. AND C. R.R. CO. SURV£r A-164 CITY ANO C"TY Of DE MW, IIXA4 ~r 4 T 0 20 40 93 10 GRAPHIC FEET STRATA PROPERTIES tS fF y.. n{ ro "~Y rVs L r1t f.:4 A~ .,5q u efr DATE: ' 3/19/85 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager UBJECT: Approval of Site Plan Revision for PD-22 RECOMMENDATION: The Planning and Zoninq Commission considered this item at its meeting of February 27, 1995 and voted to recom- mend approval of the site plan revision. SUMMARY: This is a request for a site plan revision in planned development (PD-22). This planned development created John Knox Village/Lake Forest Village - a residential retirement and nursing home facility. BACKGROUND: The new owners wish to revise the approved site plan for PD-22. The revision consists of interchanginq the positions of the nursing home and the parking lot which will allow apartment and nursing home residents to eat in their respective dining rooms without going outdoors. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Not applicable FISCAL IMPACT: There is no impact on the general fund. Respectful y subm tted: k ~ r s ar :un City Manager Prepared by: 'Denise Spivey Urban Planner Ap ov Director of Planning and Community Devalopment F CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: March 19, 1985 SUBJECT: Approval of site plan revision of PD-22 (John Knox/Lake Forest Village Retirement Center) SUMMARY: Planned development (PD-22) permitted the devel- opment of a retirement center with a nursing home and hi-rise apartment residential facilities. The property has now been acquired by Good Samaritan Center who wishes to revise the site plan for the planned development. The revision consists of interchanging the nursing home With the parking lot which will allow apartment resi- dents and nursing home residents to eat in their respective dining rooms without going outdoors. ACTION REQUIRED: Approval of site plan revision RECOMMENDATION: The Planning and Zoning Commission recommends approval of the site plan revision. ALTERNATIVE: Approve site plan ATTACHMENTS: 1. Reduced Site Plan 2. Letter 3. Planning and Zoning Commission minutes of February 27, 1985 « en se p ey' Urban Planner y~ nEw i~_ _ . , H I [ f M Z. ,rr 'Y j' .1 0 Architecture a Engineering a Energy Consultation a Surveying Planning • Design *Construction management • Des1gnl8uiid January 24, 1985 Ms. Denise Spivey Development Review Planner City of Denton Municipal Buidling 215 E. McKinney Denton, TX - 76201 RE: Lake Forest Good Samaritan Center Denton, Texas Project No. 8485 Ms. Spivey, enclosed are 15 copies of the revised Site Plan for the referenced project. The revision consists of interchanging the nursing home with the parking lot. The revision was necessary to allow the nursing home to be physically attached to the hi-rise apartment. This will enable the apartment residents and nursing home residents to eat in their respective dining rooms (that are served by 1 kitchen) without going outdoors. Sincerely, TSP~ W. S. Steele, AIA WSS*mt, m8-j Enclosure cc; Mr. Mel Risting f Denver, Co Duluth, MN Minneapolis, MN Rochester, MN Rspld City, SD Slouu Falls, SD Olilelts, WY Sheridan, WY 1112 West Avenue North, Sloux fans, South Dakota 51104 (1106) 3361180 P 6 Z Minutes February 27p 1985 Page 10 2) 'c'hat Phase IIo consisting of a total of 225 units, be routed to existing 12 sanitary sewer on North Carroll south of development. Seconded by Mr. Pearson and carried 6-1. (Mr. Sidor -voted no.) E.F Recommend approval of site plan revision of PO-22 (John Knox/Lake Forest Village Retirement Center). Ms. Spivey explained the planned development permitted the development of a retirement center with a nursing home and high-rise apartment residential facilities. She stated the property has now been acquired by Good Samaritan Center who wishes to revise the site plan for the planned development. She showed the revisions which consist of interchanging the nursing home with the parking lot which will allow apartment residents and nursing home residents to eat in their respective dining rooms without going outdoors. Staff recommends approval of the site plan revision. Mr. Escue made a motion to recommend approval of the site plan revision for PD-22 (John Knox/ Lake Forest Village Retirement Center. Seconded by Mr. Sidor and unanimously carried (7-0). Chair stated there is no new business. Meeting adjourned at approximately 6:50 p.m. °7.y. j UATfi: 3-19-85 CI`T'Y COUNCIL REPORT V0101AT TO Mayor and Members of the city Cou"Cil VROM C. Chris llartuug, City planager SUBJ GC'C: BID #9417 SALE OF CITY OWNED EXCESS RIGHT-OF-WAY ON, CARROLL BETWEEN PRAIRIE AND HIGHLAND. RGC014b1614UATI01i: We recommend this bid be awarded to the highest bidder on each of Tract A & B. Tract "A" to T.M. Stingley at $1.65 per sq: ft. and Tract "B" to Charles Struthers @ $2.00 per sq. ft. SUGH AR Y: This bid was sent to all known persons interested and advertised properly. We received only three bids as indicated on the tabulation sheet. BACKGROUND Tabulation Sheet I'RoGit riS, UCl'AR'rtIGH'i'S 0R CROUPS ACFGC' I). None rISCAL I1.1rAC'r: There is no impact on the General Fund. Respectfully sub tied: • b": i;li la EUug City !.tanager Fr red by: 10- e John J. Marshall. P.N ^le Purchasing Agent Ap oved: La n J hn J. Marshall, C.P.M. t ti Purchasing Agent 11D TITLE SALE OF EXCESS RIGHT-OF-WAY T.M. Dale Charles OPENED FEbruary 2b, 1985 2 p.m. Stingley Erwin. Struthers ACCOUNT i i 1 ITM DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR Tract per S Ft. 1.25 1.79 ' 2.00 .,2 Tract 8 pAr sq. ft. -1A5 1.52 i I i -1 J TI~1 r . r s , ' Ir~ F. 5 DAYS: 03/14/85 QITY coyiLg L REPORT PORl~AT ~t T0: Mayor and Members of the city council FROM: G. Chris Hartung, City Manager SUBJECT: HOLD A PUBLIC HEARING REGARDING THE PETITION OF THE CITY OF DENTON FOR ANNEXATION OF APPROXIMATELY 136.588 ACRES 3EGINNING APPROXI- MATELY 500 FEET EAST OF THE CENTER LINE OF US HWY 377 AND SOUTH OF BRUSH CREEK ROAD (A-11) RCCOMMENDATION: The Planning and Zoning commission made recommendation at its meeting of March 13, 1985. SUMMARY: This is an involuntary annexation request for 172 acres called the Woodcreek Subdivision, located along Brush Creek Road east of Hwy 377. BACKGROUND: The City Council directed staff to initiate the annexation process on this tract at its meeting of July 3, 1984. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: All City departments and programs required to provide basic services upon development. FISCAL IMPACT: Undetermined Respectfully submitted: e ®r AM • G. Chris Har u P pare by: City Manager r I David Ellison Senior Planner App ve : Jeff Key Director of Planning and Community Development 0736] CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATd : March 19, 1985 SUBJECT: Hold a public hearing regarding the petition of the City of Denton for annexation of approxi- mately 136.58 acres beginning approximately 500 feet east of the center line of US Hwy 377 and south of Brushcreek Road. (A-11) SUMMARY: On July 3, 1985, the Planning and Community Development Department reporter, plans for proposed 172 acre development consisting of predominately single family housing, townhouses, six acres of commercial, and approximately 3 acres of retail and multi-family. The site is currently located in the extraterritorial jurisdiction of the City of Denton and the Citi Council directed staff to begin the annexation process. Due to delays in obtaining a proper legal description, changes in staff responsibilities, and questions concerning utilities service, processing of the annexation petition has been slower than usual. Electric service is available from both the City of Denton and TP&L. Water service must Le planned in con- junction with the city of Argyle, because it too is in a dual service area and extending City of neuton mains is not a feasible alternative. Sewer service in to be provided by th( ^.ity of Denton. The Development Review Committee has reviewed a preliminary plat of the proposed development (Woodcreek Subdivision) and has withheld a j recommendation of approval pending comments and acceptance of the Argyle Water Company for requested sale of water. The south half of Brush Creel. Road for a distance of approximately 1.625 feet is included in the proposed annexation. ACTION REQUIRED: No action is required to continue the annexation procosse City Counoil'Back-up Page 2 PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED: Police, Fire, and Sanitation Departments will have to provide immediate services upon annexation for any existing housing or population. ATTACHMENTS: L. Annexation Map 2. Memorandum from Charles Watkins, Former Senior Planner, to the Denton City Council 3. Annexation Schedule N04 A7-~~ - David Ellison Senior Planner 0720s E•A-11 it a I~ I~ ~l n \ L f i - r . r• i . r ..r r ~r~ . • r f'Y e CITY OF DENTON MEMORANDUM DATE: June 19, 1984 TO: G. Chris Hartung, City Manager FROM: Charles S. Watkins, Senior Planner SUBJECT: DISCUSSION OF DEVELOPMENT PROPOSED IN THE EXTRATERRITORIAL JURISDICTION FOR THE PURPOSE OF DETERMINING WHETHER TO BEGIN THE ANNEXATION PROCESS Approximately 60 lots are proposed for development adjacent to Vacation Village Mobile Home Park/Subdivision.. Land use is to be manufactured housing on typical 5,000 square foot lots. The existing Vacation Village is served by s own mater district and the additional proposed development -.s also within this water district. It will not be possible to annex only the site proposed for ce- velopment because the annexation statute requires that a city cannot annex part of a water district but must annex all of a water district located wholly within its extraterritorial ju- risdiction. A legal opinion has been requested to determine if a city is required, to assume the assets and liabilities of the water dis- trict if it is annexed into the city. Annexation of the water district would also require running a 500 foot wide strip a considerable distance (at least 1.5 miles) to get to the prop- erty. Mrs. Jo Storer is propucing a mixed use development on a tract of land consisting of approximately 172 acres located along the south side of Brush Creek Road and along the east side of U.S. Highway 377. The land plan for the 172 acre tract consists of 6 to 9 acres of commercial or retail uses and approximately 40 to 50 lots for townhouse development backing up to U.S. Highway 7) 1~ . G. Curie Hhrtung June 19'. 1984 Page Two 377 with the remainder of the tract to be divided into approxi- mately 1/2 acre single family lots. This particular site is approximately 2 miles south of the urbanized area of the city of Denton. ' i ar es Wat ins aq 0624a f e rF' s: '1 ~lopw •r °.v i•:Y '1 k f. ie r 3. e . i A-11 ANNEXATION SCHEDULE Feb:uary 25, 1985 Submit agenda item February 26, 1985 Submit agenda back-up *March 05, 1985 City Council sets date, time and place for public hearing March 06, 1985 Notice to Denton Record Chronicle March 08, 1985 Publish notice and mailout March 11, 1985 Submit agenda item March 120 1985 Submit agenda back-up *March 19, 1985 City Council holds public hearing March 20, 1985 Notice to Denton Record Chronicle March 22, 1985 Publish notice and mailout March 25, 1985 Submit agenda item March 26, 1985 Submit agenda back-up *April 07, 1985 City Council nolds public nearing April :5, 1985 Submit agenda item April 16, 1985 Submit agenda back-up *April 23, 1985 Special called meeting of City Council to institute annexation proceedings April 25, 1985 Ordinance to Denton Record Chronicle April 28, 1985 Publish ordinance May 27, 1985 Submit agenda item May 28, 1985 submit agenda back-up . *June 04, 1985 Final action by City Council *Denotes action by the City Council 0964g DACgt 03/14165 .CITY COUNCIL UPORT FORMAT TOt Mayor and Members of the G'_ty Council 31-08t FROM-. G. Chris Hartung, City Maneger SUBJECT: HOLD A PUBLIC HEARING CONCERNING THE PETITION OF THE CITY OF DENTON FOR ANNEXATION OF APPROXIMATELY 65.12 ACRES BEGINNING 350 FEET SOUTH OF AND PERPENDICULAR TO THE CENTER LINE OF US HWY 380 AND EAST OF GEESLING ROAD (CAPRICORN MOBILE HOME PARK AND SURROUNDING PROPERTIES A-13) RECOMMENDATION: The Planning and Zoning Commission made recommendation at its meeting of March 13, 1985. SUMMARY'. The Holigan Development Corporation has informed staff of tentative plans to improve and expand the existing Capricorn Mobile Home Park. The existing portion of the Capricorn Mobile Home Park is comprised of approximately 30 acres and 150 residents. Reported plans are to expand the park by 63+ acres at 6 to 7 units per acre. BACKGROUND: A. prelivainary plat has been submitted for review and acceptance by the Development Re%iew Committee, Planning and Zoning Commission, and City Council. The request for annexation is involuntary, however, the prospective owners/developers have indicated that the annexation is not critical insofar as their plans are concerned. ,,PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: As stated above, there are approximately 1511 residents currently at Capricorn Mobile Home Park. Projected population, if ultimate development is approved as proposed, is 1,625. Building Inspection, solid Waste, Police and Fire departments would be requtred to provide immediate City services upon annexation. Other City departments or programs such as the Libear, will also be impacted upon annexation. FISCAL IMPACT'. Undetermined Respectful1 submit'. d: • P epare by-. 0. Chr s Hartung City Manager David Ellison Senior Planner App Ye Jeff Me Director of Planning and Community Development 0136) qr. 'a. r y:r r~ Vr .v, .fir,, w •~r<'.r.' . ~f CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: March 19, 1985 SUBJECT: Hold a public hearing concerninc, the petition of the City of Denton for annexation of approxi- mately 65.12 acres beginning ',50 feet south of and perpendicular to the cen'.er line of US Hwy 380 and east of Geesling Ro•.d (Capricorn Mobile Home Park and surrounding .,roperties) (A-13) SUMMARY: The Holigan Development r.orporation has proposed to expand and improve t►.e Capricorn Mobile Home Park. The existing motile home park is situated on approximately 30 arces, and an additional 63+ acres is proposed for mobile home land use at approximately 6 to 7 units per acre. Upgraded utility ee M ce to the existing mobile hone park is a pot,ntial plus of the propc,:l. Continuation of t?.e pattern of concentrating manufactured/mobile home park land use in east Denton is a majcc policy question. A strip of the existing park and property located along the Hwy 380 €ronta,~e is already in the city limits. A preliminary plat of the area proposed for expansion hae been submitted for review by the Development Review Committee. The City Council issued a directive to staff to initiate the annexation process of the existing park and proposed ',rea of expansion at its meeting of December 18, 1984. The Planning and Zoning Commissiin, Public Utilities Board, and City Council approved a request for the extension of Cite utilities to the site. ACTION REQUIRED: No ac',ion is requited to continue the annexation process PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED: Th(re are approximately 150 residents at Capricorn Mobile Home Park. Projected popu- Uition, if ultimate development is approved as proposed, is 1,625. I I J i' City Council Back-up Page 2 PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED (Continued)% Building Inspection. Solid Waste, Police and Fire would be required to provide immediate City ser- vices upon annexation. Other City departments or programs will also be impacted upon annexation. ATTACHMENTS: 1. Annexation Map 2. Reduced Preliminary Plat 3. Annexation Schedule CtA~ltd.' David Ellison Senior Planner • O7l9i(a) + r Ar-13 . I ~ L 0 now, 40 / .11M ~ MY TI a e f• i i ~I i ~ Ea ~ E~ 4 Es E 14 -V% ~Yrr is ~ w °~r t ,y'X t !~'s i}1`2 o-' ••r 7 nl( pjl r J rc ..w N i 1'ti ~k R ~,~.,r -vf r ~ .r A-13 ANNEXATION SCHEDULE February 25, 1985 Submit agenda item February 260 1985 Submit agenda back-up *March 05, 1985 City Council sets date, time and place for public hearing March 06, 1985 Notice to Denton Record Chronicle March 08, 1985 Publish notice and mailout March It, 1985 Submit agenda item March 121 1985 Submit agenda back-up *March 19, 1985 City Council holds public hearing March 20, 1985 Notice to Denton Record Chronicle March 22, 1985 Publish notice and mailout March 25, 1985 Submit agenda item March 26, 1965 Submit agenda back-up *April 02, 1985 City Council holds public hearing April 15, 1985 Submit agenda item April 16, 1985 Submit agenda back-up *April 23, 1985 Special called meeting of City Council to institute annexation proceedings April 25, 1985 Ordinance to Denton Record Chronicle April 28, 1985 Publish ordinance May 27, 1985 Submit agenda item May 281 1985 Submit agenda back-up *June C41 1985 Final action by City Council i *Denotes action by the City Council 09648 d 4 i r e e !'r r.v r r +a a r ♦",w.. s i . x; r. a t' r ~ 11 . OktBi 03/14/83 loITY COUNCIL Upon FOStlU1T TO: Mayor and Members of the City Council 34 i FROM., 0. Chris Hartung, City Manager SUBJECT: HOLD A PUBLIC HEARING REGARDING THE PETITION OF R. 0. MCDONNELL FOR ANNEXATION OF APPROXIMATELY 34.68 ACRES SITUATED IN THE M. FORRE3T SURVEY, ABSTRACT 417 AND BROWNING APPROXIMATELY 250 FEET SOUTH OF AND PERPENDICULAR TO THE CENTER LINE OF FM 426 AND APPROXIMATELY 2.000 FEET EAST OF MAYHILL ROAD U-14) RECOMMENDATIOKs The Planning and Zoning Commission made recommendation at its meeting of March 13, 1985. Si t: This is the site of a proposed development consisting predominately two family land use with limited retail/warehousing land use along the FM 426 frontage. A portion of the site is currently located within the city limits. BACKGROUND: This is a voluntary annexation request and a change in toning pro- posal was considered by the Planning and Zoning Commission at its meeting of March 13, 1985 and February 27, 1985. rRAMS, DEPARTMENTS R GROUPS AFFECTED, Approximately 2 dwellins units and 5 residents currently reside at the site. All City of Denton departments end programs providing basic cervices such as Police, Vice, Solid Waste, and Library are affected. FISCAL IMPACT: Undetermined Respectfully submitt % 0. Chr a Har ung Prepared by: City Kantger ~ 4" a&M David Ellison Senior Planner Ap ove Jeff e , Director of Planning and Community Development 0736,E 9 t w % ~ A hS~s 1 I 1~.Q1' l"., ikfi Yeti y }g }l ~M~ Y f 1 1 iF } i yCITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: March 19, 1985 SUBJECT: Hold a put~lic hearing regarding the petition of R. 0. McDjnnoll for annexation of approximately 34.6 acres of land situated in the M. Forrest Survey, Abstract 417 and beginning approximately 250 feet south of and perpendiculan to the center line of FM 426 and approximately 2,000 feet east of Mayhill. Road (A-14) SUMMARY: This request is voluntary, and the purpose is to control development and zoning. ACTION REQUIRED: No action is required to continue the annexation process PROGRAMS , DEPARTMENTS, OR GROUPS AFFECTED: All City of Denton departments providing basic services such as Police, Fire, Solid Waste, Library, etc. Approximately two dwelling units and five residents reside at the site in question. ATTACHMENTS: I. Annexation Map 2. Annexation Schedule a av ilison `+r Senior Planner 0719J(3) y ~ r 1 a' ~ f i 1 Bla R a i I Y i~t (V "P %1 v <yf s~ ^ 4 . Y j mot. C. ~ a ® A-14 ANNEXATION SCHEDULE February 25, 1985 Submit agenda item February 261.1985 Submit agenda back-up *14arch 051 1985 City Council sets date, time and place for public hearing March 061 1985 Notice to Denton Record Chronicle March 08, 1985 Publish notice and mailout March 11, 1985 Submit agenda item March 12, 1985 Submit agenda back-up *March 19, 1985 city Council holds public hearing March 20, 1985 Notice to Denton Record Chronicle . March 22, 1985 Publish notice and mailout March 25, 1985 Submit agenda item March 26, 1985 Submit agenda back-up *April 02, 1985 City Council holds public hearing April 15, 1985 Submit agenda item April 16, 1985 Submit agenda back-up *April 23, 1985 Special called meeting o~ City Council to institute annexation proceedings April 25, 1985 Ordinance to Denton Record Chronicle April 28, 1985 Publish ordinance May 27, 1985 Submit agenda item May 28, 1985 Submit agenda back-up • *June 04, 1985 Final action by City Council *Denotes action by the City Council 0964g n DATds 0344/85 CITY COUNgIL UPORT FORMAT Tot Mayor and Members of thx City Council "51 FROM, G. Chris Hartung, City Manager SUBJECT: MAKE A RECOMMENDATION CONCERNING THE PETITION OF THE CITY OF DENTON FOR ANNEXATION OF APPROXIMATELY 42.35 ACARS SITUATED IN THE S. HUIZAR SURVEY, ABSTRACT 514 ANU BEGINNING APPROXIMATELY 500 FEET NORTH OF AND PERPENDICULAR TO THE CENTER LINE OF US HWY 380 AND WEST OF MASCH BRANCH ROAD (A-15) RECOMMENDATION: The Planning and Zoning commission made recommendation at its meeting of March 13, 1985. SUMMARY: This annexatiot represents the balance of the Trt-Steel Structures, inc. properties beginning at the northeast corner of 380 and Mascb Branch Road. Zoning and plat approval for a five acre portion of the let-Steel tract has been reviewed and approved by the Planning and Zoning Commission and City Council. BACKGROUND: The City Council directed staff to annex the entire Tri-Steel structures property in Octooer, 1984. A portion of the property along the Hwy 380 frontage is includod in a strip annexation. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: No population or housing currently exists at the site. FISCAL IKPACT: Undetermined Respectfull submit d; s 0. Chris Hartung Prepared by: City Manager David Ellison Senior Planner App ved- Jeff Meye a~ Director oti P1%,uaing and Community 9evelopment 0736] c r ' '`~f~n: d..i CITY COUNCIL AGENDA BACK- Up_,$UMMARY SHEET MEETING DATE: March 19, 1985 SUBJECT: Hold a public hearing regarding the petition of the City of Denton for annexation of approx- imately 42,35 acres of land situated in the S. Huizar Survey, Abstract 514 and beginning approximately 500 feet north of and perpen- diculac to the center line of US Highway 380 and west, of Masch Branch Road (A-15) SUMMARY: This annexation represents the balance of the Tri-Steel Structures, Inc. property beginning at the northeast corner of 380 West and Masch Branch Road. Zoning and plat approval for a five acre office site has been reviewed and accepted by the Planning and Zoning Commission and City Council. The City Council directed staff to annex the entire Tri-Steel Structures, Inc, property in October, 1984. Annexation of the balance of the parcel was delayed pending the submission of a proper legal description. This is an involuntary annexation; however, the property owner has .:ot objected to date. ACTION REQUIRED: No action is required to continue the annexation process PROGRAMS, DRPARTKENTS, OR GROUPS AFFECTED: No population or housing exists at the site in question. ATTACHMENTS: 1. Annexation Map 2. Annexation Schedule David ISMson Senior Planner 0719j(2) e 5"..OWL r, Masch . Branch R 71 s y ti. e d ~ti wF '1 + w> + !"r" 9 'r] Y . !fi / "r'~,`~'.~'7-rY -77;7 A-i5 ANNEXATION SCHEDULE February 25, 1965 Submit agenda item February 26, 1985 Submit agenda back-up *i4arch 05, 1985 City Council sets date, time and place for public nearing Marcn 06, 1985 Notice to Denton Record Chronicle March 08, 1985 Publish notice and mailout March 11, 1985 Submit, agenda item March 12, 19V Submit agenda bacK-up *March 19, 1985 City Council hcIds public hearing March 20, 1985 Notice to Denton Record Chronicle March 22, 1985 Publish notice and mailout March 25, 1985 Submit agenda item March 260 1985 Submit agenda back-up *April 02, 1985 City council holds public hearing April 15, 1985 t'ubmit agenda item April 16, 1985 Submit agenda back-up *April 23, 1985 Special called meeting of City Council to institute .nnexation proceedings April 25, 1985 Ordinance to Denton Record Chronicle April 28, 1985 Publish ordinance May 27, 1985 Submit agenda item May 28, 1985 Submit agenda back-up • *June 041 1985 Final action by City Council *Denotes action by the City Council 09649 ,'$~r K. .9 DA c, 'OSA4%85 CITY COUNCIL RRPORT FORMAT T0: Mayor and Members of the city council FROii: G. Chris Hartung, City Manager SUBJECT: HOLD A PUBLIC HEARING CONCERNING THE PETITION OF HAMNETT & WASH, INC. AND THE CITY OF DENTON FOR ANNEXATION OF APPROXIMATELY 150.0 ACRES LOCATED WEST OF MAYHILL ROAD APPROXIMATELY 41000 FEET NORTH OF I-35 AND ADJACENT AND NORTH OF THE MK&T RAILROAD (A-17) RECOMMEND IO : Tho Planning and Zoning Commission made recommendation at its meeting of Karel, 13, 1985. Hammett. & Nash, Engineers and Surveyors, Inc, have submitted a voluntary request for annexation and light industrial coning on a SO acre portion of this site. staff is recomxmendin3 annexing the additional 100 acres to incorporate all of the area west of Mayhill Road. High intensity development guide policies are applicable. BACKGROUND: The petition for annexation and zoning was submitted in February, 1985. FOGRJ1sL ,DEPARTMENTS OR CROUPS AFFECTED: One house and an estimated two persons currently exist in the area proposed for annexation. FISCAL IMPACT: Undetermined Resp uXsba~t d: i/~G • 0. Chris Hartung Prepared by: A ' City Manager UX U!.!'.~UO'm David Ellison Senior Planner Appro a Jeff Meyer, Director of Planning and Cowunity Development 0736] r CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: March 19. 1985 SUBJECT: Hold a public hearing concerning the petition of Hammett & Nash, Inc. and the City of Denton (or annexation of approximately 150 acres of land located west of Mayhill Road approxi,a,ately 4,000 feet north of I-35 and adjacent ana north of the MK&T railroad (A-17) SUMMARY: Hammett & Nash, Engineers and Surveyors, Inc. have submitted a voluntary request for annexa- tion and light industrial zoning on a 5o acre portion of this site. staff is recommending annexing the additional loo acres to incorporate all of the area wee!: of Mayhil~ Road. High Intensity Development Guide policies are applicable to this area. The west halt of Mayhill Road for a distance of approximately 2,000 feet is included In this annexation proposal. ACTION REQUIRED: No action is requited to continue the process PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED: All departments responsitle for services and programs guaranteed to City residents (Police, Fire, Solid Waste, Library, etc.). One house and an estimated two persons reside in the area to be annexed. ATTACHMENTS: 1. Annexation Map 2. Annexation Schbdule CtJ W~_ David Ellison Senior Planner 0719j(1) ,p z" y°:~.. w M. r F a '4 ♦ i Ki ~r: 'r n.. r •:.r r ~7 1 ~'~`Ta~*F b° ~Y y 'r t ° ~~Y~ .f' ~.rA r,- ! r ~ > Y r'k M e Y z ✓.'R t t r 1 di Y r- ~r w N / V /r / _17 L^.. ' II ! t L r, A R r y ' 1 '.i.3 "v A ens ^It1Y a. 4 e ~ r~ S 7. • _o- M 1;~'i ~ f [v .a $ v r fi d h N ♦ '7,~t 1 6' t V ~ ~ ,~N~~.i f .,err, • A-17 ANNEXATION SCHEDULE February 25, 1985 Submit agenda item February 26, 1985 Submit agenda back-up i *March 05, 1985 City Council sots date, time a,-.d place for public hearing March 06, 1985 Notice to Denton Record Chronicle March 08, 1985 Publish notice and mailout March 11, 1985 Submit agenda item March 12, 1985 Submit agenda back-up *March 19, 1985 City Council holds public hearing March 20, 1985 Natice to Denton Record Chronicle March 22, 1985 Publish notice and inailout March 25, 1985 Submit agenda item March 26, 1985 Submit agenda back-up *April 02, 1985 City Council holds public hearing April 15, 1985 Submit agenda item April 16, 1985 Submit agenda hack-up *April 23, 1985 Special called meeting of City council to institute annexation proceedings April 25, 1985 Ordinance to Denton Record Chronicle April 28, 1985 Publish ordinance May 27, 1985 Submit agenda item May 28, 1985 Submit agenda back-up *June 04, 1985 Final action by City Council *Denotes action by the City Council 0964g x h y r n e.~wl~e"t'~ t.° S pi N t~.,p s! .7yy;. Zvi DATgs OVIA 8S CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: HOLD A PUBLIC HEARING CONCERNING THE PETITION OF REDDITCH INVESTMENTS CORPORATION FOR ANNEXATION OF APPROXIMATELY 60.38 ACRES SITUATED IN THE 0. WALKER SURVEY, ABSTRACT 1330, AND BEGINNING ADJACENT AND EAST OF EDWARDS ROAD (A-~8) RECOMMENDATION: The Planning and Zoning Commission made recommendation at its meeting of March 13, 1985. SUMMARY: The petiticners have submitted a request for voluntary annexation to the Planning end Community Development Do*•srtment. Staff anticipates an application for planned development (PD) toning classification if the annexation is approved, BACKGROUND: This site is adjacent and east of Edwards Road (an unimproved dirt road which must be upgraded at developer's expense) and low intensity development guide policies are applicable. PROGRAMS. DEPARTMENTS OR GROUPS bQRRCTED: Not applicrble at this stage. FISCAL IMPACT: Undetscained Res tfullj sub it d: pe a 3k,;;k" - 0. Chris Hartung City Manager Peepace by:, ~Wj R" David Ellison Senior Planner App ve Jeff Mayp Director of Planning and Commurity Development 01365 L "::.v '+fr!'~'. ..*'a 4"- r,w~. Fee 4~l ^n, rF,z+ r ^t m,. ar, CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: March 19, 1985 SUBJECT: Hold a public hearing concerning the petition of Redditch Investments Corp. for annexation of approximately 60.38 acres situated in the G. Walker Survey, Abstract 1330, and beginning adjacent and east of Edwards Road. (A-18) SUMMARY: The petitioners have submitted a request for voluntary annexation to the Planning and Community Development Department, Included in j the a'ptachments is a concept plan which staff anticipates as the basis for a future change in zoning request. This site is adjacent, and east of Edwards Road (an unimproved dirt road that must be upgraded at developers expense). The east half of the north-south portion of Edwards Road for a distance of approximately 1.860 feet and the north half of the east-west portion of Edwards Road for a distance of approximately 1,330 feet is included in this proposal. The Allan Estates Mobile Home Park site (5-165) is located adjacent and west of Edwards Road. Existing Andrew Corporation facilities and property is also located in this vicinity. Current land use patterns along the Mayhilt Road corridor range from low and moderate density residential to the City Wastewater Treatment Plant and new landfill, and light industrial. ACTION REQUIRED: No action is required to continue the process ATTACHMENTS: 1. Annexatio-, Map 2. Land Use Concept Plan 3. Annexation Schedule Oki David Ellison senior Planner 10679 ~~r Y2 s r i`^s Y o a a r~=' ti: 1 M i ~t ti r . 'e^ • ~ Wig 111fI1 i w • . S~ 1. WA Owl b ,yy , EDWAROS OAP ICITY of DENTON) 8 °a A-18 o° e! J ALLAN f1,AT%S 2 AUJILE %cMf a PARK to. K ROAD ANDREW CORP ZONE AC. LOTS DENSITY S.F.- 7 25.0 113 4.5 ZZRO 9.4 51 5.4 s M. F. 12.4 144 1511/s FLOE; I3.083 soa om. , TOTAL 60.393 358 5.9 VICINITY MAP N' 1000' PARKER ONLY Y t.4 wiz r ax qs~ 1 ~ Fe t&$u ~ • A-18 ANNEXATION SCHEDULE February 25, 1985 Submit agenda item February 26, 1985 Submit agenda back-up *March 050 1985 City council sets date, time and place for public hearing March 060 1985 Notice to Denton Record Chronicle March 08, 1985 Publish notice and mailout March 11, 1985 Submit agenda item March 12, 1985 Submit agenda back-up *March 19r 1985 City Council holds public hearing March 20, 1985 Notice to Denton Record Chronicle March 22, 1985 Publish notice and mailout • March 25, 1985 Jubmit agenda item March 2i1 1985 Submit agenda back-up *April 02, 1985 City Council holds public hearing April 15, 1985 Submit agenda item April 16, 1985 Submit agenda back-up *April 23, 1985 Special called meeting of City Council to institute annexation proceedings, April 25, 1985 ordinance to Denton Record Chronic :a April 28, 1985 Publish ordinance May 27, 1985 Submit agenda item May 28, 1985 Submit agenda back-up i *June 04, 1985 Final action by City Council *Denotes action by the City Council 09648 s4~ M ,`ht r r m_J a y eg~"11R',f!a` < ems. 08~Oh (441,) , NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competi- tive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law and City ordinances; rnd WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplied or services as shown in the "Bid Proposals" submitted therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; and WHEREAS, Section 2.36 (f) of the Code of Ordinances requires that the City Council approve all expenditures of more than $3,000; and WHEREAS, Section 2.09 of the City Charter regwires that every act of the Council providing for the expenditure of funds or for thi- contracting of indebtedness shalt be by ordinance; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. That the numbered iter.s in the following numbered bids for materials equipment, supplies, or services, shown in the "Bid Proposalsh attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID NUMBER ITEM NO. VENDOR ~3f0UNT 9394 All Internat'l Environmental X21,293.00 _qu pment ompany 9398A All Industrial Disposal Supp. $13,470.00 9411 All Dictaphone $26,902.00 9413 1-16 Rainen Business Interiors "401.84 9413 28.37 Rainen Business Interiors S 3,579.17 9413 38.45 Business Essentials J 2,843.00 9413 _ 46-48 Denton Office Supply $ 705.00 9414 .W 1 and 9 Dixie PetroChem 13b1590.00 9414 6 RUA Chemical $22,200.00 9414 21718 Stinnes Chemical $951055.00 9414 3 Hancock Industries L91450.00 9414 4 McKesson Chemical J3,403,00 9414 5 Van Water L Rollers $41800.00 1415 All Denton Office SUD01Y 170,200,00 •et a t r.amt t r 9418 All ~Bighorn Excavating & X3,047.00 Gcadi'n ompgpy, 941y All uric c 11 a,t, Fence _ $16,507.50 9420 All ^ Yittek Golf Supply L8,688.00 9422 1 B & M Truck 8 3X3.00 9422 2 & 3 Fleet Body & Equipment 8 3,037.00 9423 All Poleline Electric 8 6,326.00 9424 All Neptune Water Meter 3 5,500.00 9425 All A. B. Chance Co. 5,725.00 9429 4111 Vallen Safety 810,869.32 SECTIUN II. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards quantities and for the specified sums contained in the Bid Invitations, Bid Preposals, and related documents. SECTION III. That should the City and persons submitting approved and accepted !teas and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related bid documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids the city Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this 19th day of March, 1985. RICHARD 0. , MAYOR CITY OF DENTON, TEXAS ATTEST. CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTO{{N, TEXAS BYs t1, c.l 1' ~~~`11-01~ DATE: 3-19-85 CITY COUNCIL AErOR'r FORMAT TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: BID 19394 PATHOLOGICAL INCINERATOR RECUMM EN DA'rION: He recommend this bid be awarded to the lowest bidder meeting specification of International Environmental Equipment Co. In the amodnt of $21,293.00 including concrete slab. SUMMARY: This bid is for the purchase of a 200 lb,. per hour pathological incinerator for the Animal Control Center. The unit is designed for the appropriate disposal of animal carcasses and organic waste. BACKGROUND: Tabulation Sheet ' FROGRMIS, DEPARTMENTS OR GROUPS AFFEG' ED: Animal Control Center FISCAL 114,0114T: Funds for this purchase have been budgeted in the 1984-85 Fiscal Budget Account Number 430-004-02OM-9132 Special Projects. Res tf ly b ted: City Manager pared {b Name Title Tom D. Shaw, C.P.M. Assistant Purchasing Agent AV oved: Ourchjaslng Marshall, C.P.M. 19 1 Agent r_ 41Nq-A SID TITLE PATUDIOGICAI MrINERATOR OPENED_ March 5. 1985 2 p.m. NTERNATIONA INCINERATOR HOR-LINE NVIRONMENTA SPECIALTY CHROER MFG. ACCOUNT I QPT. CO. CO. 0. TY, I~TEN DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR 1 PATHOLOGICAL INCINERATOR 1293.00 22116.00 4255.00 2 1 Concrete Foandation included ncluded ncluded Deliver _ 0 Days 50 Days 0 Days I DATE: 3-1.-85 CITY COUNCIL RHPORT 17-0101AT 'r0: Mayor and Members Of the City Council FROM: G. Chris liartung, City Manager SUBJECT: BID ,t9398A 30 CU. YARD CONTAINERS (SECOND AWARD), . . RECOMMENDATiON• ' We recommend this bid be awarded to the evaluated low bidder of Industrial Disposal Supply in the amount of $2,694.00 per container. SUMM AR Y: This bid is for the purchase of 30 cu, yd. refuse containers to be used in the commercial refuse collection program. BACKGROUND: We purchased 5 containers from the lowest bidder, Scott' b Hill, on 2/5/85. We now have requirements for additional containers. We feel like the latch design from Scott'8 Hill is not satisfactory. We are requesting this second group be awarded to I.D.S. The $24.00 per container for the superior latch is the basis for this recommendation. PROGRAMS, DEPARV ENTS Oft GROUPS AFFECTED: Soli Waste Department FISCAL 114PACT: 1984-85 Solid Waste Bond Funds Account Number 631-002-08U3-9104 RespetjLLv su wi ted: • G. Uri 11a r n8 City Manager P aced y Nli Tom D. Shrw, C.P.M. 'title Assistant Purchasing Agent A pproreds a 1, Jpfi 14arshall, C.P. 4. 1 le ' urchesing Agent err n V ..r ,ID TITLE 30 Y0. CONTAINERS CUSTOM NVIRONMENTA DUNCAN SCOTT 6 I.D.S. IIETALS ALES A EQUIPMENT ILL STEEL iPENED January 24, 1985 2 P.m. INDUSTRIES SERVICE CO. CO. ORP. CCOUNT QTY. I'M DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR 30 ~u. Yd, Containers Open-Top 2,795.00 1,443,Bn 2,04n-nn -?.670.00---- ~,694,00 Delivery A.R.O. 30 Days 0 Days30 Days 0 DAys 5 Days I i Fri s UATB: 3-19-85 C1'fY COUNCIL REHIVf 17-0I01AT CUs Mayor and Heaabers of the City Council FROM: G. Chris Hartung, City Manager S U BJ BCT: BID 19411 POLICE DICTATION SYSTEM RfiL;% lI311DAr101t: We recommend this bid be awarded to the only bid meeting specifications and the evaluated low bidder, Dictaphone Corp., for the Lease/Purchase for 60 months either to Dictaphone or bid lease/purchase vendor whichever is the best; but not to exceed the amount of $683.31 per month.as bid by Dictaphone. SUIItIAR Y= This bid was sent out on a prior bid when we discovered we had not included all the equipment. We then-sent this bid out and received only one bid meeting specifications as Lanier bid partly used equipment. BACKGROUND: Tabulation Sheet PROGRN•IS, DEI'ARVIlili'i'S Olt GItUUrS Ar-FECI'EU: Police Department Updating of their Call-In Reporting System. rISCA L 1H rACT: Police Dept. Budget 100-001-0042-9106 Respectfully subw ted: a far Maupger Prepirred by: J J. Marsha II C. P.M. tie Purchasing Agent Ap roreds " lc~ o n Marshall, C.P.N. Purchasing Agent SID TIT(-E.- cF__ _DICTATION CYCT.FN HARRIS- ICTAPHONE OPENED Fahruary 26, 19RS 7 LANIER ACCOUNT XIEN DESCRIPVJON YEN r VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR Total Equipment Purchase 18,397.80 6,902,00 Monitoring Console Used New Lease/Purchase 60 Month 539.09 683.31 4,469.00 29292.00 Evaluated Total 45,796.99 43,290.60 j f DATE: 3-19-85 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: BID 19413 OFFICE FURNITURE RECOMMENDATION: We recommend this bid be awarded to the lowest and best bidders as follows: Items 1-16 Rainen Business Interiors $8,401.84 Items 28-37 Rainen Business Interiors 3,579.17 Items 38-45 Business Essentials 2,843.00 Items 46-48 Denton Office Supply 705.00 SUMMARY: This bid is to complete the furniture for the Finance, Accounting, Tax, etc. area. We received three complete bids. We are rejecting Items 17 through 27 from this portion of the bid. This section was higher than we BACKGROUND: thought it should be. ; Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Capital Improvement, Remodelling FISCAL_114PACT: There is no impact on the General Fund. Respecsf~`],~s uhm L44 ted: Z44:90 G, MIS a Ft City Manager Pre ared : VaMA le o n . Marshall, C.P.M. Purchasing Agerst Approved: N&Va o n 0, Marshall, C. P, M, le Purchasing Agent BID ! 9413 ItD TITLE OFFICE FURNITURE OPENED February 269 1985 2 p.m. BUSINESS INEN BUSINESS ENTON ESSENTIALS BUSINESS INTERIORS OFFICE ACCOUNT I INTERIORS SUPPLY IOTY, TEM DESCRIPTION VENDOR- VENDOR VE R YEN R VENDOR VENDOR VENDOR 2638.00 2343.71 2686.80 File& 798.00 ' 719.58 806.85 & A- Production Furniture 2748.00 2460.22 2777.00 Z116 Files 4008.00 2878.32 ' 4074.00 1237 18 Desk b 1:rawers 1777.00 1764.20 1859.85 27 Office Furniture 3346.00 3050.38 3564.35. Office Furniture 3758.00 3579.17 3913.80 38 44 Chair 6 TAbles 2099.00 2618.70 2593.70 2760.00 45 Chair 744.00 NB 769.95 NB 46-48 Conference Accessories 718.00 NB 996.80 705.00 Total Items 1-37 19073.00 16795.59 19683.15 Total Items 1-45 21112.00 19414.29 22276.85 Total ltens 1.48 22634.00 - 24043.60 Deliver 45-60 Da s 70 Da s 2-6 Weeks DATE: 3-19-85 CITY COUNCIL REPORT FORMAT TO: Mayor and Mebers of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: BID 19414 WATER TREATMENT CHEMCIALS RECOMMENDATION: We recommend this bid be awarded by item to the lowest evaluated bidder: Award To Item Yearly Estimated Cost Dixie PetroChem 11 @ 296.40 Ton $29,640.00 Dixie PetroChem 19 @ .25 Lb. 61950.00 Russ Chemical 16 @ 111.00 Ton 229200.00 Stinnes Chemical 12 @ .59 Lb. 1118)0.00 Stinnes Chemical 17 @ 175.00 Ton 399375.00 Stinnes Chemical 18 @ 1.097 Lb. 43,880.00 Hancock Industries 03 @ .1890 Lb. 9,450.00 McKesson Chemical 04 @ 69.90 Ton 3,495.00 Van Waters 6 Rogers 15 @ .48 Lb. 4,800.00 Total Estimated Amount for 1 Year $171,390.00 SUMMARY: This is the yearly bid for water chemicals and awards are mace for one year. When the bid is not firm and the price increases, we evaluate at that time and-quote each delivery or rebid the separate items. BACKGROUND: Tabulation Sheet This bid is awarded by items only. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Water Production, Waste Water Treatment, and Electric Production FISCAL IMPACT: There is no additional impact on the General fund. The 1985 Budget for each division will pay a~ delivered. Respectful1 submitt G. C47s Hartung City Manager Prepared by: John J. Marshall , G. P.M. le Purchasing Agent ved: AA 0 .n J. Ma rs al ,C. P, M. Title Purchasing Agent BID BID YAIEl~6EAiitlNi~NEtl1CALi_ AN MTERS ICUSSON OC[ SIINNES 011TE CHIN S DI, IN ]IONEER ANUS IKNIPSON IAUFFER RMRS IIEIIICAI NOUSIRIES CIINICAL PETWHEN CENTRAL NEHICAL HE111CAL 111CAL IIENICALS IATIm NEHICAL (MEN 11~rsh1~19Q5-_f~.~. AMC. %CCOUNT 1 1f "-'TiLR"IIL'`SC'1fiR'Fl VEf BM VMMK- VE 561t VLMdlr- YEWDOR VZNDO MWk- TSB- IF- MM= VEAr*W- VMWff- -YE I 00 T Lfquld Chlorine M.10 - - 705.06 - L. :Q4EII!<lls7lRe! tl~4soMLe 22_ _,¢9_ S9 ,ibr5 .6595 s _SodluR Sl~tofluorlde 22 .1890 .205 .8721 - 1165 - _~21 1 1 Sulfuric Arid 69.90 22.00 91.20 - 69.90 104.00 _ 5.OW& L 5 0/m Tetrs-potassluw ► r nos Mte .41 .2120 MA 1626 .1910 - .646 -AL - 6 _ Llgulq Alu~lnw 5u1 Mlp_ 1 _ ~ ~ • 111.00 126.60 L -?26 Llqula Caustic Sods 205.00 210.00 132.29 126.00 119.00 W so - 116.00 y - 1 00/ PotessluN Perwen9+noste 1.26 1.22 - T----- 1.21 I DATE: 3/19185 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: Bid #9415 Office Operating Supplies RECOMMENDATION: we recommend this bid be awarded to tht bidder with the highest percentage off of list price, Denton Office Supply at 351 off list. Delivery will be in 2 days. SUMMARY: This bid is for the purchase of standard operating office supplies. ' I I BACKGROUND: Tabulation Sheets PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED. All Departments FISCAL I14PACT: As bugeted by Departments for Office Supplies Respect Eu ly sub fitted; a A Me City Manager Prepared by: Name Denise Manning Title Buyer A oV4EC 2CLl~~ itle urchasingsA~ e At .y 4 I ♦&I !ID TITLE Office Operating Supplies u w d OPENED 4i u 44 2pot 3 5/85 w u w as g~5 8 ACCOUNT i Budget y ,t7q w a y w ~ ~ ~ N H TY. TE! 1 TIO VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR 1 Percent Discount off list price 352 27z 29% 2sz s 4 • S w VATE: 3-19-85 CITY COUNCIL REPURT C0101AT TO: Mayor and members of the City Cow:cll FROM: G. Chris Hartung, City Mauager SU BJ GCTI BID (9418 DEMOLITION A CLEARING OF LOTS RECOMMENL'A IOU: We recommen6 this bid be awarded to the low bidder, Bighorn Ex-avating A Grading Co., for all three items totallipy 539-097.00, SUNN AR Ys This bid is for the clearing of some lots., etc. in Denton through a Community Development Grant. We sent out the bids to all approved contractors, properly advertised, then received and opened the bids on March 5, 1985. DACKUROUNI?: Tabulation Sheet ' w rROOK14IS, UEPARTHHU1'S Olt GROUTS AFFECTED: Community Development Block Grant FISCAL 11VACT: There is no fiscal impact on the General Fund. Resp tE/ s ~t ed:ed r, ClirIs' I1FEUitl- City Mauager Pre tired b s tle J J. Marshall, C.P.M. urchasing Agent A o v ed s t~e o Marshall, C.P.M, Pu+'aasing Agent r -sin f 9418 8ID TITLE DEMOLITION A CLEARING OF l,¢ CALVERT BURLEYS 1GHORN M&M OLDEN CHARLIE ILLIE OPENED_ Aiarch 5, 1985 2 p.m. PAYING CO. CONST. XCAYATING CONST. TRIANGLE WEATMAN EDMAN GRADING ACCOUNT i IOTY._ _ IT ESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR .1 _ 1-105 E. Hickory 51. 1200.00 2400.00 ` 889.00• 3350.00 440.00 500.00 500.00 2 1 42, Robertson St. 1720.00 4600.00 1514.00 4450.00 660.00 800.00 `1000.00 f 112 S. Wood St- 1120.00 ?400.00 .0 _ 1950.00 - 2440.00 6 30Das 17 DaXs 10 Days 27 Days 14 Days 15 Days Days J-= Total 4040.00 9400.00 097.00 9750.00 540.00 900.00 3OO.OO 1 • DATE: 3-19-85 Curt COUNCIL REPORT FORMAT T0: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECTS BID #9419 LANDFILL FENCING RECOMM ENDATI014: We recommend this bid be awarded to the lowest bidder, Hurricane Fence, in the amount of $16,501.50. Work to begin in seven days. SUI.IMARY: This bid is for the labor and materials -to fence the new landfill on the north and west side with 6' chain link fencing. This will replace a temporary fence now in place. The south and east side have satisfactory fencing for now. BACKGROUND: Tabulation Sheet ' PROGRAMS, DEPARTMPHTS OR GROUPS AFFECTED: Solid Waste Sanitary Landfill FISCAL IMPACT: 1984-85 Sanitary Landfill Bond Funds Account #630-002-0803-9001 Respe tf ly s b tted: U-.Cll7ts ag y City Manager P<d 1. 1 Naa:e Tom 0. Shaw, C.P.M. Tltte Assistant Purchasing AGent Appro ed: . Marshall, C.P.M. le Purchasing Agent ~v a uAlu DID TITLE LANDFILL FENCING MORROW ENTON BARNS HURRICANE OPENED March 1, 1985 2 p.m. FENCE CO. ENCE CO. FENCE CO. FENCE CO. ACCOUNT ! QTY IT DESCRIPTION YENDOtt VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR 6" 5.87 8.30 6.18 4' w T Gate 175.12 240.00 80.75 " DD Gate 461.02 600.00 255.50 24' DDT Gate 502.60 720.00 290.00 TOTAL 17709.:? 2691.40 30477.00 16507.50 Delivery 30 Days 0 Days 7 Day Star a,.r .ta rV .k„' 1 ti` r ..n 'TIP W. HATE: 3-19-85 CITY COUNCIL RGrORT C0RAAT TO: Mayor and Members of tl:e City Council FROM: G. Chris llartung, City Mrnager SUBJECT: BID #9420 GOLF EQUIPMENT A SUPPLIES RECUWKfiI1HAr1O11: We recommend this bid be awarded to the only compiiete bidder, Wittek Golf Supply, inc., for the total sum of $8,688.00. • SL 1ARY: This b11 is for the supplies necessary to properly handle the City Driving Range. The bid was sent to several vendors. However, we received only rune bid. The prices and delivery are reasonable and in the essence of time, we recommend the bid be awarded. BAC9GROUHU: Bid Proposal as received. I PROGRAMS, UEPARTHI;N-fS Olt GRUUPS AFFEC'ffil): Funds available Io 261-003-0062-8112. FISCAL 11-1PACT: This purchase does not have additional impact on the General Fund. Respe c-t Me s W ted: , CItr I I IiTIUrg City Manager Prepared by., Marshal , . M. Atil-P Purchasing Agent Approved: PINS o n MarshallC. .M. Durchasing Agent nq< r,M1 Vli BID NUMBER 9420 BID PROPOSALS Page 2 of 2 ITEM OESCCIPTION WAN, PRICE AM)UNr - 1. 05 Golf Ball Pails 50 $3,15 $ '57,50 2. 17 Golf Ball Pails 50 $3.75 $ 187.50 3. R-2 Utility Plastic Coated Baskets 15 $13.60 $ 204.00 4. Solid Range Balls, Wh/St only 500 doz. $ 5.35 $2675.00 5. Distance Markers advise numbers? 4 $180.00 $ 720.00 6. Driving Range Rule Board 1 $98.00 $ 98.00 7. Senior Golf Picker 1 $1800.00 $18DO.00 8. W-70 Heavy Duty Commercial Golf Ball Washer 1 $1320.00 $1320.00 9. Odd Woods advise Men or women..? 20 $10.95 $ 219.00 10. Bagged Golf Tees, 1 7/8" Amount per bag.? 15 M $ 12.00 $ 180.00 11. Odd Irons #advise men or womens and numbers? 20 $8 .35 $ 167.00 12. RW400 Tee Mats complete with 1224)-70 brash mat.. g $120.00 $ 960.00 TOTALS $8688.00 f We quote the above f.o.b. Denton, Texas, Shipment can be made in 1h -23jeys front receipt of order. Terms net unless otherwise indicated. In submitting the above bid, the vendor agrees that acceptance of any or all bid items by the City of Denton, Texas within a reasonable period of time cornlitues a contract. 3650 AVoNDALis AyB. WITPEK GOLF SUPPLY C0,,p)IN, McIIMtit AAMess I Aar CHICAGO IL.L.. , , 60618 city state Z10 St stun 312-463-2636. Natl. Mrkt~Mgr. Yer~pAen. 71Ua -a--q ''ice'{ "C`:' 1 1 N.' i r a YF" t Eq^o+ 5 y r es DATE: 3-19-85 CITY COUNCIL REFORT FORMKr TOI Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: BID 19422 TRUCK BED A BODIES RBCOMM ENDAfION: We recommend this bid be awarded to the low bidder for each item as shown on the tab sheet Item 1 to B 3 M Truck for a•total of $3,728.00 and Item 2 b 3 to Fleet Body b Equipment Co., for a total of $3,037.00. Total bid award $6,765.00. SUI'IM AR Y: This bid is for the service bodies and contractor type body for the new trucks awarded earlier. The trucks are being delivered this month. BACKGRUUN D: Tabulation Sheet ' FROGRNIS, DEFAR'INEUTS Oil GRUUFS AFFECTO. Vehicle Maintgnance/Motor Pool FISCAL IMPACT: There is no impact on the General Fund. Res tf y s t ed: C . "Cli iri-3-11ir Eli i'ig City FIauager Prn red b : )41~- 006 Ma rsha 1, C. . Ptk/Purchasing Agent Approved= " Nn o rshall, C.P.M. le rchasing Agent BID 1 g49a SID TITLE TRUCK $ED A BODIES OPENED March 12, 1985 2 p.m. FLEET B&M BODY 8 TRUCK ACCOUNT I EQUIPMENT EQUIPMENT CO. QTY, ITEM DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR F 1 2 Service Body 3/4 Ton 1885.00 1864.00 2 , 1 Service Body I Ton 2185.00 2277.00 1 1 Contractor Body 1 Ton 852.00 998.00 Delivery 15 Days 14 Days Fob Denton Denton i a DATE: 3-19-85 CITY COUNCIL REPORT FORMAT TOt Mayor and Members of the City Council FROM: G. Cliris Hartung, City Manager SUBJECT: BID /9423 LINE STRINGER RECOMMENDATION: We recommend this bid be awarded to the lowest bidder of Poleline Electric in the amount c' ;1,581.50 ea., Fob Denton.' SUHM AR Y: This bid is for the purchase of a four (4) line stringing unit used in the construction and maintenance Qf the overhead Electric Distribution system. BACKGROUND: Tabulation Sheet ' PROGRMS, DEPAR'1?TENTS OR GROUPS AFFECTED: Electric Distribution FISCAL IMPACT. 1984-85 Budget Funds 610-008-025209232 Electric Distribution Tools and Shop Equipment Res t ly b i ted: G. Cirls a lg - City Manager P `ared b r flame Tom D. Shaw, C.P.M. Title Assistant Purchasing Agent Approved: V e , J. Marshall, C.P.M. tie Purchasin9 Agent DID 1 9123 bIU_ LINE SiRIHGERy+ ~ OPEN r Ha uESCO PRIESTER TEIP LE POLELIME KRI2-DAYIS EMERAL IELSOM B.R. RAYBAR rch ]11985 2 0 ■ IFCTRIC IECTRIC NC. ACCOUNT 1 UPPLY 0. NVOR VENDOR- -fFY: Vim-" Vili3fr- -"N6aTi" Man- VEF6bff"- SRI ION 1 4 _ Pulling line Strin ey. r MB NB MB 1,581.50 -3m34J,QQ MB MB lA6MAL Delivery 56 Days Slays 5 Da LEE ti~ d "h ~y-r1 a' 4!h`, 'a 4 did 'u i. T 1 a r off` .a x UATB: 3-19-85 G1'1'Y COUNCIL REPOlU FORHAT 'ro: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJEL"C: 810 19424 8" WATER METER RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Neptune Meter Co., in the amount of $5,500.00 with delivery in 45 days: SUMMARY., This bid is for the purchase of an eight (8) inch compound water meter for the TWU Library. BACKGRUUND: Tabulation Sheet ' PROGRAMS, DEPARTHE111'S OR CRUUPS AFFECTED: Water 3 Sewer Field Service F iSCAL IMPACT: 1984-85 Fiscal Budget Account 620-008-0461-9117 Respectf iy sub tted: u1-1rT -11a rig City Manager Pr ared b flaa:e Tom D. Shaw, C.P.M. T1 "e Assistant Purchasing AGent Approved KnV tlo r P:frchasln§Agent~ C.P.M. SID TITLE_ Kil WATER METER ROCKWELL ERSEY MUNICIPAL HERSEY BADGER NEPTUNE ERNARD INT'L RODUCTS METER CO. PRODUCTS METER CO. TER %SSOCIATES OPENED March 7. 1985 2 p.m. 0. CO. ACCOUNT ! O-Ty _ I Eil DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR 1 1 8" Compound Meter 6045.62 920.00 • 6643.00 6920.00 H8 5500.00 6875.00 Deliver 90 Days 5 Days 20 Days 45 Days 5 Days 5 Days Fob Denton Denton Denton Denton Denton nton i ~„y> M1 z• .x k~^'of m.: Iir A 1y < ~ . .4i:.~ n'r • t * DATE: 3-19-85 Cl'ry COUNCIL REPORT FORMAT T0: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: VO 19425 PADMOUNT SWITCNGEAR R ECOMM ENUATIONi We recommend this bid be awarded to the lowest bidder, A.B. Chance Co., in the amount of $5,725.00 ea. with delivery in'4-6 weeks. SUI•IMARIf: This bid is for the purchase of sIx units of 15KV, 3 phase, 7620/13200 volt pi,dmount switchgear. This material will be used by the Electric Distribution Department in.the maintenance and new construction of the electric system. BACKGROUND: Tabulation Sheet PROGRAMS, DEFARyist Ts OR GROUPS AFFEC'T'ED: Electric Distribution U%,!partment FISCAL 114FACT: 1984-85 ;•,scal Bu.,,et Ar.count Number 610-008-0252-9221 Electric System Underground Conductors Res~.~~ s ;MIN • G-7VIris nor i City Hanaher P ` ar.ed y: Flame Tom D. Shaw, C.P.M. Title Assistant Purctrasing Agent A pproveds 4M IT. tle urthasingrAGent~ 'P~M. BID 1_ 9415 _ I DID ~PAD_MDUNi sW1IGNGE9R,_ OPEN A. B. TEMPLE WESCO GRAYBAR CUR4INS NELSCo' KRI2-DAYIS RIESTER ENERAL March 7 1985 2 o.~ CHANCE INC. SUPPLY CO. ELECTi;IC CO. SUPPLY LECTRIC ACCOUNT 1 CO. UPPLY CO. `1-~P -`3'Ft bE cFiI~filo v R5mv- YEAbSfi VENDOR - V fiW -l WNW- ENDOR 1 Pad M Switch ar 5 725.00 6,105. 6,223.00 6.193.70 6,085.00 ` NB 6,094.00 50950.00 NB ___Delivery _ 4.6 Wks 105 Days _ 98 Days 13-1i Wks r . 'k, 4 d t VATCS: 3-19-85 C1'rY COUNCIL, REPOR-f FORNA'1• A 'rot Mayor and Membors of the City Couwicil 4 FROM: G. Clkris Ilartung, City Manager SUDJBC'r: BID #9429 AIR PAKS R SCOHNEIIUAF1011: We recommend this bid be awarded to the low bidder, Vallen Safety, for seven one-hour air packs, with extra cylinder and valve asemblies at $10,869.32. j SUMMARY: This bid was sent to all available vendors, and we received only 2 bids with one no bid response. We specify Scott as they are compatible with our present supply.* BACKGROUND: Tabulation Sheet - rROGRN.IS, UGPAR'011111TS OR GRUUPS AFFCC'i'BD: - Fir Department Budget Account 100-006-0051-9104 FISCAL 1144 ACT: Ther is no impact on the General Fund. Res DU tf ly sub tted: i/ yJc: c:~~-~-11 City Mauagor Prepared by: !t! o n J. Marshall, C.P.H. Purchasing Agent Approvedi n I~, J c "Aarshall C.P. . urchasing Agent L SID ! 9429 BID TITLE AIR PAKS OPENED March 12, 1985 2p.m. KOETTER ALLEN FIRE SAFETY ACCOUNT I PROTECTION _lom ITEM DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR 1 7 Scott 1-Hour Air Pak 1129.00 + 1050.00 2~7 60 Mo. Cylinder b Valve Assembly 529.00 502.76 1 1 • NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THU AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS: PROVIDING FOR THE EXPENDITURE ~F FUNDS THEREFOR: AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improve- ments in accordance with the rrLcedures of state law and City ordinanes; and WHEREAS, the City Manage-. or a designated employee has received and recommended tha: the herein described bids are the lowest responsible bids for the construction of tho public works or improvements described in the bid invitation, bid proposals and plane and specifications therefore; and WHEREAS, Section 2.36 (f) of the Code of Ordinances requires that the City Council appr, ie all expenditures of more than $3,000; and WHEREAS, Section 2.09 of the City Charter requires that every act of the Council providing for the expenditure of funds or for the contracting of indebtedness shall be by ordinance; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION I. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invita- tions", "Bid Proposals" or plans and specifications attached hereto are hereby accepted and approved as being the lowest responsible bids: BID NUMB£A CONTRACTOR AMOUNT 9426 O.L.D. Company $13,150.00 SECTION II. That the acceptance and approval of the above competititva bids shall not constitute a contract between the City and the PACE 1 r person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, after notification of the award of the bid. SECTION 111. That the City Manager is hereby authorzied to excecute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved hereic., provided that such contracts are mode in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terse, conditions, plena and specifications, standards, quantitates and specified sums contained therein. SECTION IV. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION V. That this ordnance shall become effective immediately upon its passage and approval. PASSED AND APPROVBU this the 19th day of March, 1985. RICHARD 0. STEWXKTj MAYO CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLFN~ CITY SECIETART CITY OF DENTON, TEXAS APPROVED IS TO LEGAL FORMS JUE D. MORRISO ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY: r+ ~i 1 L . -PJCCE 2 oil) `T_)14Tk . } i 1' 1 1 nl~u 9 A R.C Y::.A I ~ ! '1 C ~ CP r 1 .i^ " t r~J r1 1 1'I ] ! f~ 1I n r I r DATE: 3-19-85 CI'T'Y COUNCIL REP01Vi' MOW TU: Mayor and Members of the City Council PROM: G. Chris Ilartung, City Manager SUPJ SC'r: BID 19426 CLEAN 6 PAINT 2,000,000 GALLON GROUND LEVEL WATER STORAGE TANK RECOI4MENUA'TI011: We recommend this bid be awarded to the low bidder, O.L.D. Company, Inc., for the total anount of $73,750.0.9. Work to begin on or before May 1, 1985. I SU1*1ART: This bid is for the contractual services to clean and paint the inside of this water tank at the Water Production Plant. We received only three bids. However, we sent invitations to some six prospective vendors. BACKGROUND: Tabulation Sheet, I I PRUGRAMS, DEPAR'1'MEN'I'S 01: GIMIS ArFECTED: Utilities improvement Program as budgeted. TJSCAL IMPACT: There is no fiscal impact on the General Fund, Respectfully !kubVitted: City Manager P ared b s o n Marshall, C.P.M. ritie, Purchasing Agent Approved$ U " n JqnrKtr, -Marshall, C,P.M. Us echasing Agent 8ID t od~~ SID TITLE_ CLEAN A PAINT NATEk TANK _ O.L.D. DON L. OMEN LIPTON OPENED March 12. 1985 2 p.m. COMPANY PAINTING MINTING ACCOUNT ! Inc. CONT. 0. • O TY. _ ITE1{ DESCR.CN VENDO V DO VENDOR VENDOR VENDOR VENDOR VENDOR 1 1 Clean A Paint interior 73,750.00 39874.00' 40,693.00 of 2M Gal. Tank _ E Da s i M', J( AC f L 1; i S'4 t ~ r 0361, > NO. AN ORDINANCE APPROVING All AGREEMENT BETWEEN THE CITY OF DENTON AND AMERICAN APPRAISAL ASSOCIATES, INC. FOR INVENTORY AND APPRAISAL SERVICES, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, ,he City Council has determined that an inventory and appraisal of the City's fixed assets is needed; and WHEREAS, the city staff and the Finance Department has recommended that American Appraisal Associates, Inc., be retained to pertorm an inventory and appraisal services; and WHEREAS, Section 2.36 (f) of the Code of Ordinances requires that ne City Council approve all expenditures of more than $3,000; and WHEREAS, Section 2.09 of the Charter of the City of Denton, Texas requires that every act of the Council providing for the expenditure of funds or for the contracting for indebtedness shall be by ordinance; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION I. That the City Council hereby apr.oves and authorizes the Mayor and City Secretary to execute and attest, respectively, the agreement betxeen the City of Denton, and American Appraisal Associates, Inc., providing for inventory and appraisal services under the terms and conditions being contained in said agreement which is attached hereto and madt a part hereof. SECTION I1. That this ordinance shall become effective immediately upon its passage and npproval. PASSED AND APPROVED this the _ day of , 1985. RICIUMD U. S , MAYO CITY OF DENTON, TEXAS ATTEST: CHARLOTTF- ALLENg CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: JOE D. MORRIS, 4CTING CITY ATTORNEY CITY OF DENTON, TEXAS BYI 7777 wy rug a[R r.: r' r"" er,[ ! ~+,e~[iN C ~.tl el l~i~,1. , "r f . 3038E ~ . , AGREEMENT FOR INVENTORY AND APPRAISAL SERVICES This Agreements effective the day of , 1985, by and between the CITY ::F DENTOH;'I' kkS, (herein'a teT er referred to as City), and AMEBIC[ ' 1PPRAISAL ASSOCIATES INC. (hereinafter referred to as American, a corporation with business offices at Richardson, Texas. WITNESSETH: WHEREAS, City wishes to have a can Pfete inventory and appraisal of its property performed (hereinafter referred to as Services); acid WHEREAS, American is prepsred to provide such services; NOW, THBREFORE, in consideraticn of the premises and the mutual covenants herein contained, the patties hereto agree as follows: 1. SERVICES TO BE PERFORMED BY AMERIC2iN. American agrees to acromplii7 the following activities to provide the Owner appropriate and necessary results from such activities. A. American will perform a complete inventory and appraisal of all property owned by City, as more specifically d.~scribed herein. Property to be included in this appraisal will consist of the buildings, appurtenances, machinery and equipment of the City, including those asets of the water and sewer department snd t'ne power system. Land will be included and valued based on infnrmation provided by the City. Similarly, streets will be valued on a depreciated cost basis. Excluded iron the study vill be landscaping, supplies, inventory, water and parking meters, and spate parts. The Services described assume the use of City owned docu- ments, such as plates plans, and blue prints and drawings of city-owned property. This includes construction costs on existing buildings, where available. B. American will perform the services as fellows: 1. General inspection of the respective buildings by experienced, qualified ap raisers from American's permanent staff. They wilf obtain and record data concerning sizes type of construction, as well as classification of the building fixtures and exterior and interior finish. They also will obtiA n pertinent informations as applicable, for local prices of material and labor. 2. An inspection r~ the machinery and equipment and prepparation of an inventory base by experienced, qualified appraisers from American's permanent staff. These approsisers will, upon completion of their inspection and through their experiences place the contents in two categories: PAGE I I. Major equipment units which will be inventoried on an individual basis. 2. Repetitive items, such as furniture and eqquipment of relatively small unit value (less than. $100) will be inventoried by groups or classes of property. 3. The appraisers will also record their estimate of the accrued depreciation for insurance Purposes as evidenced by observed condition in comparison with the new units of like kind, with such regard to functional and economic factors as are deemed relevant. 4. A summery for insurance purposes, by properties broken down as above, with the replacement cost new and replace- ment cost less Jepraclation and exclusions distributed by buildings in accordance rith the insurance iorms applying to the property. 5. Based on an analysis, pricing, and processing of these records by qualified technicians, American will furnish its opinion of the estimated replacement cost new and estimated replacement cost less depreciation for insurance purposes for the appraised property. b. Acquisition costs and acquisition dates will be provided through use of American's back trend modifiers. Americar will search City records for purc;ase orders as appro- priate and use information perteir,ing to acquisition costa and dates as provided by Cit!'► staff. C. American will prepare a report, printed in EDP format, furnished in duplicate and a machine readable type, in EDP format, for immediate input to the City's fixed asset system, which will consist of: 1. An appraisal certification. 2. An inventory section arranged by buildings and classifi- cations. Each page will contain the following data: Property Model Number* Building Serial Number* Room or Area Manufacturer* Fund Accountability Acquisition Cost** 'Computer I.D. No. Acquisition Date** Class Code Replacement Cost New Quantity Depreciated Description Replacement Cost *This information will be furnished whenever actually located on the asset being appraised. **Estimated by the appraiser through use of the back trend modifier with the assistance of City staff for general information. 2. OTHER TERMS AND CONDITIONS. A. The services provided by American will be performed in accordance with taco nised professia al appraisal standards. American's compensation is not contingent in any way Lion their conelusions of value. American will assuma, without Witp endent verification, the accuraoy of all data provided to it by th.a City. American reserves the right to use I PAGE 2 subcontractors. All files, work papers, or documents developed during the course of the services shall be AmerLcan'a property. A-vrican wLll retain this data for least five years. 5. American's appraisal is valid only for the purpose for which It is stated herein. Any other use cr reliance by City or third parties is invalid. The City may show American's report in its entirety to interested parties outside their organization; however, City agrees not to reference American's name or their report, in whole or in part, in any docum3n'. distributed to third parties without American's prior written consent. American will, unless otherwise directed by appropriste legal orders, maintain the confiden- tiality of sill conversations, documents provid%~d to them, and their report. These conditions can only be codified in writing by both parties. C. Ciey will pay to American for the services performed herein, as billed montnly, for trio work done during that month. The total cost of the services performed by Aaarican shall be as follows: 1. Physical inventory, zemet evaluation and reports thereon $54,000.00 2. Accounting policies and procedures manual 6,400.00 Total Coat $60,400.00 D. American agrees to use its best efforts to pa,-form and complete the services s2ecified herein by June 30, 1985 with an update on asset changes frnm June 30, 1985 to September 39, 1985, to be completed by G.cober 30, 1985. E. The term of this Agreement shall begin on the effective date and end when all services by American have been performed, .or by December 31, 1983, whichever is later. 3. UDEDENUONT CONTRACTOR. American undertakes performance of the Services ms an indepen- dent contractor and shall be wholly responsible for the methods of performance. City shall have no right to supervise directly the methods used but City shall have the right to observe such performa,tre. American shall work closely with City in per- forming Services under this Agreement. 4. GOVERNING L.Ad. This Agreement shall be governed by the laws of the State of 'texas. IN WITNESS WHEREOF, the parties have executed this Agreement by their duly nuttorited representatives effective the day and year .first abtve written. AMERICAN APPRAISAL ASSOCIATES, INC. 9V: PAGE 3 CITY OF DENTON, TEXAS BY: ATTEST: CKARLOTTE ALLEN CITY SECKETARY CITY OF DENTON,OTEXAS APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS I BY: i PAGE 4 d .5 > L!, ,tr M1 9r i ',~ji 0 t V i~.- r {S } . a 5x r.y '1 e ii' t. R. Z 1 Y r DA'm 03/19185 CITY COUNCIL RRPOU VORPAT Do TO$ Mayor and Members of the City Council FROM, G. Chris Hartung, city Narsager SUBJECT: ORDINANCE ADOPTION FOR Z-1712 RECOMMENDATION: The City Council considered this stern at its meeting of February 19, 1985 and voted to approve, the zoning change. SU MARY0 This was a request for a change from the agricultural (A) district to the light industrial (LI) classification on a 111.7 acre tract located adjacent and north oi: Westgate Hospital approximately 600 feet west of the 1--35N service road. @ACKGROM The tract is located in both a moderate and high area which allows for flexibility of land use and little control of intensity, Due to surrounding light industrial/commercial zoning and land use, it is unlikely that low density development will occur at this site. PA.0G A1.3. DEPARTMENTS OR GROUPS AFFECTED: Not applicable. FISCAL IMPACT: There is no impact on the general fund. Respectkll~~ut4o ~y~~QQjj,i►► ♦ G. Chris Hartung city manager prepared by: 40,01ij D ise S~pivdy Urban Planner App ve Jeff M♦ a Dir♦ctor of kana n6 and Cosssunity Developmat 10788 i 'F. y ~ ri : ! r u! S., ' F W rl... ~ R, 'e .i 4. ~ °ic' • r: 4 ♦ ~ly a k V k . NO, AN ORDINANCE AMENDING T'IE ZONING MAP OF THE C17Y OF DENTON TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDIiiANCES OF THE CITY OF DENTON, TEXAS BY ORDINANCE NO. 69.1 AND AS SAID MAP APPLIES TO 111.710 ACRES OF LAND LOCATED NORTH OF WESTGATE HOSPITAL AND MEDICAL CENTER, APPROXIMATELY 600 FEET BEST OF THE INTERSTATE HIGHWAY 35 NORTH SERVICE ROAD, AND ADJACENT AND EAST OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD, AND IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE DESIGNATION TO LIGHT INDUSTRIAL "L1" DISTRICT CLASSIFICATION AND USE DESIG- NATION; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HERESY ORDAINS: SECTION 1. That the toning classification and use designation of the following described property, to-wits Al) that certain 111.710 acre tract or parcel of land situated in the B.B.B. & C.R.R. Co. Survey, Abstract Number 141, and in the R. Whitlock Survey, Abstract Number 1403, Denton County, Taxes; said tract being part of a tract shown by deed to W. W. Marshall, recorded in Volume 416, Page 600, Deed Records Denton County, Texas, and being more particularly described as foh ows: BEGINNIL'G for the northwest corner of this tract at a fence corner post, said corner is the northwest corner of said Marshall tract; THENCE south 89°51'30" east a distance of 1961.87 feet a point for corner in Denton city limits line, said point is 600 feet south- westerly from the right-of-way line of Interstate Highway 35, for the northeast corner of this tract; THENCE south 03°39'47" east parallel to Interstate Highway 35 a distance of 2648.36 feet to a point for R:he southeast corner of this tract; THENCE south 89°58'42" west 1346.13 feet to an iron pin in the northeast right-of-way of A.T. & S.R. Railroad, for the southwest corner of this tract; THENCE north 33°02' west with said right-of-way a distance of 94.68 feet to an iron pin for the beginning of a curve to the right having a radius of 9091.23 feet; THENCE northwesterly wiath said curve a distance of 254.27 feet (chord bearing north 33 17'16" west) to an iron pin for the and of said curve; THENCE northwesterly with another curve to the right havie ■ radius of 6800.60 feet (chord bearing north 25°46 37" westf a distance of 1324.91 feet to an iron pin, the end of curve, for a corner of this tract; THENCE north 00°54'39" west a distance of 1165.47 feet to point of beginning and containing 111.710 acres of land. Z-1712/WALTER DERONDE/PACE 1 n r < ° ~ ' :i•... e ~ c,-, r r.4 ' r ~kr J t r v ~ ~ x,r ,w as c r,. a ie hereby changed from Agricultural "A" District Classification and Use designation to Light Industrial "L1" District Classifica- tion and Use designation under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION It. The Zoning Map of the City of Denton, Texas, adopted the 14th dsy 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 District Classifica- tion and Use subject to tho above conditions and specifications. SECTION Ill. That the City Council of the City of Denton, Texas, hereby finds that such change is in accordance with a comprehensive plan for the purpose of prcmoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of tho district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human livas, and edcouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. SECTION IV. That this ordinance sh^li be in full force and effect immediately after its assage 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 this the day of March, 1985. RICHARD 0. STEWART, HATOR CITY OF DENTON, TEXAS ATTEST: CRAiLa7"1 , CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY + CITY OF DENTON, TEXAS BY:-'% &L 'L' , 'I I) ,%v- I i 1 i Z-1712/HALTER DERONDE/PAGE 2 y .~_s~CYn« sx . { H ;,q In t e.w. yl ~r a .:x. d ~h F_ t J.i ,l. a y'~, n{ J: ~~1 P1 ~•L:. P 6 3 Minutes January 21 1935 Page 3 • I. Relationship to other distinctive buildings, sites or areas which are eligible for preservation accord- inq to a plan based on architectural, historic or cultural motif. 2. Exemplification of the cultural, economic, social, ethnic or historical heritage of the city, state or United States. 3. Identification rlth a person or persons who significantly contributed to the culture and developmect of the city, state or United States. 4. A building or structure that because of its loca- tion has become of value to a neighborhood, com- munity area or the city. Mrs. Barg stated that she agrees with staff's statements. Her feeling is that other old buildings should not be torn down, that in order to preserve downtown it is necessary to remodel. She saii she wants to preserve her children's heritage, she wants them to see ;'_?t buildings. Chair declared public hearing closed. Mr. LaPorte moved to recommend approval of H-34 stating that he agrees with Mr. Miller that building is not like it was but feels that approval is justified. He quoted from ordinance which defines historic landmark as any building, etc. which the City Council determines shall be protected, enhanced and preserved in the interest of the people. Seconded by Mr. Sidor. Chairman said in this particular case he feels there is some justification for designation, that the original tin ceiling and brick walls nave been retained. He said he agrees with Mr. LaPorte. Vote was called and motion carried (5-1). Mr. Pearson v^voted no. S.r Z-1712. This is the petition of Walter DeRonde requesting the estaolishment of light industrial (LI) zoning on a 111.7 acre tract in the B.B.S. and C.R.R. Company Survey, Abstract 141, and the R. Whitlock Survey, Abstract 1403. The tract is located north of Westgate Hospital and Medical Center, approximately 600 feet west of the Interstate Highway 35 north sekvice road, and adjacent and east of the Atchison, Topeka and Santa Pe Railroad. Annexation procedures are currently underway on this tract. Ms. Spivey said that eight notices were mailed to property owners) no reply forms were received in favor or in opposition. Charles Watkins, representing the petitioner, stated that this 111 acre tract abuts cc.rent city limits: that annexation and light industrial jning is requested. He said that Mr. DeRonde owns the majority of the land, that two other owners have joined him in the request. He said light industrial exists to north, south and east of this tract, that railroad to located to west. Ere said rail- road is located above ground level and is the logical stopping point for industrial toning. Westgate Hospital is located to the south and the nearest concentration of residential is Ranch ;states, He said they feel the site has potential for a variety of land uses and they feel light industrial zoning is appropriate because of the location on the railroad and I-35. P i a Minutes January 2, 1985 Page 4 No one spoke in opposition to request. Ms. Spivey continued staff report stating that property is located in both a moderate and a high intensity area; that northern portion of property is located in the I-35E and North Loup 288 center and southern portion is located in a moderate area which is under the intensity standard for the area, She said that Denton Thoroughfare Plan shows that the northern extension of Loop 288 will pass just north of this site. Staff feels request is compat- ible and recommends approval. On question, Mr. Clark said that drainage concerns and location of streets and sidewalks would be handled dur- ing the platting stage. Petitioner offered no rebuttal. Chair declared public hearing closed. Chairman stated that he has no objection to light indus- trial but he does have a problem with an ordinance that p'rrmits multi-family housing in light industrial areas. He said ne opposes light industrial zoning and would prefer a PD. Mr. Pearson commented that he supports idea of petitioner that they would support more than one type of land use. He said he feels that if daveloper puts multi-family units next to light Industrial, it would be developer's concern. He said he thinks light industrial zoning would be best use of property. Mr. Sidor agreed with Mr. Pearson and said he feels light industrial toning would be appropriate. Mr, Sidor moved to recommend approval of Z-1712. Seconded by Mr. Peason and carried (5-1). fir. Claiborne voted no. C. Z-1716. This is the petit::~n of Melvin Uouge lrealtor), representing Lela Sparkman (owner), requesting a change in the current zoning classification from agricultural (A) to office (0) on a tract of 2,5 acres situated south of and abutting U. S. Highway 380, east of Egan Road, and being the most southern portion in the southwest corner of the Thomas Egan Survey, Abstract 1406. If approved, the said tract of land may be used for any of the purposes permitted in the zoning ordinance of the City of Denton. Mr. Persaud said that one notice was mailed to prip- erty owner, no reply forme were received in favor or In opposition. Melvin Gouge, builder, stated he is requesting change to office zoning in order to build a small one story office building for Dr. Thacker, that parking will be provided. No one spoke in opposition to request. Mr. Persaud continaol staff report stating that property is apparently located within flood plain or floodwdyyI, that an engineering study during platting process will determine finisned floor elevation of building, He said the area is located within a moderate activityy center which is largelyy undeveloped and toned agticulturaly that proposed use will generate approximately 875 total inten- sity tripe. The Development Guide allows for flexibility °°t f A b lie ' r~~ DATA: 03/19/85 CITY COUNCM RKtQRT FORMAT TO: Mayor and Members of the City Council FROM,. 0. Chris Hartung, City Manager SUBJECT: ORDINANCE ADOPTION FOR Z-1117 g Cg__OM~ixNDATtO1(: The city council considered this item at its meeting of February 5, 1985 and voted to approve the planned development with conditions. SUMMARY d This was a request for a change from the agricultural (A) district to the plannod development (PD) classification for light industrial use on a 94 acre tract located on the east side of Mayhitl Road approximately 1,600 feet south of FM 426 (E. ilcKinney St.). BICKCROUND: This site is located in a high intensity area where little or no control of intensity is proposed. The coning is consistent with Denton Development Guide policy of prohibiting residential development within 2,500 feet of the Wastewater Treatment Plan.. PR . DEPARTMENTS OR GROUPS AFFECTED: Not applicable. F _SC AL_IMPACT : There is no impact on thn general fund. kespect 11 ubmi to a 0. Chris Hartung City Manager Prepared by: Aq•• '4 a LL~ jjj Dni a Spi eJ y Urban Planner App ve deEf Me Director of Planning and Cosounity Development t078a ti 1N5 M 1 y-rC L ~f' 1ST . a ' ~'1 4 `F 3~`• 1{ 9 w iF F "F ff t ~f, p J aF ' G 1~131L ' NO. AN O;DINANCE AMENDING THE ZONING HAP OF THE CITY OF DENTON$ TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTONs TEXAS BY ORDINANCE NO. 69-1 AND AS SAID MAP APPLIES TO 94.3 ACRES OF LAND LOCATED ON THE. EAST SIDE OF MAYHILL ROAD APPROXIMATELY 1600 FEET SOUTH OF F.H. 426 (EAST MCKINNEY STREET), AND IS MORE PARTICULARLY DESCRIBED HEaEIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFICATION AND USE DESIGNATION FOR LIGHT INDUSTRIAL "Ll" USES; AND PROVIDING FOR AN EFVECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAIN3: SECTION That the zoning classification and use designation of the following described property, to-wit: All that certain tract of land situated in the Gideon Walker Survey, Abstract No. 1330 Denton County, Texas and being more particularly described as follows: BEGINNING for the northwest corner of the herein described tract at the northwest corner tract described in the deed to Capsyn Limited Number 1280 recorded in Volume 767, Page 197 of the Deed Records of Denton County, Texas and being in Hayhill Road about 160 feet south of the northwest corner of the said Gideon Walker Survey; THENCE easterly with the north line of the said tract a distance of 1418.6 feet, more or less, to a northwest corner of the tract described in the deed to Fredrick Beasley recorded in Volume 1054, Page 889 of the said Deed Records; THENCE southerly with the west line of the said tract a distance of 223.8 feet, more or less, to the southwest corner thereof; THENCE easterly with the south line of the said tract a distance of 438.5 feet, more or less, to the southeast corner thereof in the middle of Pecan Creek; THENCE southeasterly with Pecan Creek and the east %ine of the said Capsyn Limited tract about 1780 feet to the north northeast corner thereof; THENCE southerly leaving Pecan Creek a distance of 29.5 feet, more or less, to the southeast corner of the Capsyn tract in the north line of a private road; THENCE westerly with the north line of the private road and the south line of the said tract a distance of 2188.2 feet, more or less, to the southerly southwest corner thereof; THENCE northerly about 218 feet to the southeast corner of the tract described in the dyed to James Pendleton recorded in Volume 1163, Page 163 of the said Deed Records; THENCE westerly with a south line of the said Pendleton tract a distance of 240 feet, more or loss, the southerly e6uthvest cornet thereof, 2-1117/BURT SINGLETON/PAGE 1 5,'~„ 4 l 4~ ~4 a d. , vi' F't 7 r r i.i1Vx i Ai THENCE northerly with a west line of the said tract a distance of 163.5 feet, more or leas, to a re-entrant corner thereof; THENCE west with a south line of the said Pendleton tract a distance of 200 fret, more or loss, to the westerly southwest corner thereof and being in Mayhill Road; THENCE northerly with the west line of the said We:r:t Survey and along Hayhill Road about 1550 feet to the place of ginning and enclosing approximately 94.3 acres of land. is hereby changed from Agricultural "A" District Classification and Use designation to Planned Development "PD" District Classi- fication and Use designation for Light Industrial LI uses under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION It. That prior to issuance of any certificate of occupancy for the use of ■ny building within the planned development district, the following conditions shall be matt 1. The following land uses shall not be permitted in the approved planned development district "PD": Amusement, Commercial (outdoor), Drag Strip or Commercial Racing Asphalt or Concrete Batching Plant (permanent) trick Kiln or Tile Plant Dormitory, Boardin8g or Rooming House Dump or Sanitary Fill Area Cemetery or Mausoleum Extraction and Sale of Sand, Caliche, Stone, Clay or Gravel Fairgounds or Exhibit Area Go-Cart Track Halfway House Hatchery, Poultry tiaulingg or Storegga Company Heavy Machinery tales and Storage Hcie for Care of Alcoholic, Narcotic or Psychiatric Patients Livestock Auction Livestock Feeding Plant, Pens or Yards Mining or Storage of Mining Wastes Open Salvegga Yard for Rags or machinery, etc. Petroleum Collecting or Storage Facilities Private Utility Shop or Str.rage Yard Residential Rodeo Grounds Sand, Gravel or Earth Sales or Storage SECTION 111. That the development of the property shall be in substantial compliance with the site plan attached hereto and made a part s hereof for all purposes. The Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1469, 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 Classifica- tion and Use subject to the above conditions and specifications. SECTION IV. That the City Council of the City of Denton, Texas, hereby finds that such change is in accordance with a comprehensive plan 2.1117/BURT SINGLETON/PAGE 2 S y 'ry T `t' "'Y J ",aAll \ F 1'il'N 6 ~a ~..r Y J ii" s 11 for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the Iharacter 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, Texas, and itc citizens. SECTION V. That this ordinance :hall be in full force and effect immediate'y after its passage and approval, the required ublic 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 this the day of March, 1985. RICHARD 0. STLWnTj MAMK CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN CITY SEURITM CITY OF DENTON,OTEXAS APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY, e t \ 1» L~•i Z•1117/BURT SINGLETON/PACE 3 Ile z 0 CONCEPT PLAN Z-1717 z ti N 1 a~Al1►~ , M~ oil • •Y, _ _ PRIVATE ROAD < a ~a tl ,fi st'~.' e; J,. i_4+ rw- ,i } 'e~ .t,~h"K! c T i~.,~ •x R, P 6 Z Minutes January 2, 1985 Page S and diversity of land uses within a moderate intensity area. The site is located within the control area of the airport zoning ordinance) however, it is outside the 90 CNR noise contour and no sound control measures are required, It is also outside approach zones so there is no restriction on building height. Staff recommends approval subject to provisions contained in airport zoning ordinance. Petitioner offered no rebuttal. Chair declared public hearing closed. Mr. LaPorte moved to recommend approval of t-1716 under provisions contained in the airport zoning ordinance. Seconded by Mr. Pearson and unanimously carried (6-0). U. r i-1717. This is the petition of Burt Singleton requesting a change in zoning from the agricultural (11) classification to the light industrial (LE) district on an approximately 94.3 acre tract in the Gideon Walker Survey, Abstract 1330. The property is located on the east side of Mayhill Road approximately 1600 feet south of FX 426 (East McKinney street) and is more particularly described as 'tracts IF, 1F1, 1C, IA and IS of the Gideon Walker Survey, Abstract 1330. Ms. Spivey said that 16 notices were mailed to property owners, no reply forms were received in favor or in opposition. Burt Singleton, petitioner, stated that he is purchasing four tracts for purpose of developing. At the present time eight homes and two mobile homes are located on tract It that tract 2 contains one rental property) that a house burned on tract 3 and there has been no reconstructions that the 84 acre tract 4 is owned by an investor. He said he feels light industrial use +.s best use of property, on question from Chairman, Mr. Singleton said he is aware that staff is recommenling a planned development, :hat he agrees that no residential use should be made of property as it is located near the sewage treatment plant. He also agrees with list of uses deleted from light industrial classification. He said he understands restrictions anJ agrees to abide oy them. Brian Burke, engineer, said that approximately 20 acres of property will remain in the flood plain, that he gave that information to Mr, singleton and he recognizes the problem. He slid they had also discussed those things that would come up at time of development such as utili- ties, perimeter street paving, water and sewer extension. Frank Davila said he owns one of the tracts and is in favor of rezoning. He said that Trammell Crow's devel- opment is .cross the street and he feels Industrial development is appropriate. de said he is happy the city is exercising control over all development in the city. Jim Felton stated he is in favor of request. L. L. Wilkerson stated he owns property to south and feels that if this property is zoned light industrial it will help him. No one spoke in opposition to request, P S t Minutes January 2, 1985 Page 6 Ms. Spivey continued staff report stating this is a high intensity area, that little or no control is proposed for high intensity centers. She said that property is adjacent to wastewater treatment plant and Development Guide specifically states that there should be no resi- dential development within 2,500 feet of plant and dis- courages residential development 2,500 to 4,000 feet from the plant, In addition, utilities department recommends teat the area within 2,500 feet of plant be utilized for industrial purposes. She said that staff, after evaluating the request, recommends approval of a PD rather than straight light industrial zoning to allow attachment of conditions to control land use adjacent to wastewater treatment plant. Mr. Pearson asked about expanding Mayhill Road and Ms. Spivey said that petitioner has agreed to dedicate right-of-way it appropriate time. Mr. Pearson asked if it will be handled all at one time and response was that each property owner is responsible for his piece, that it is either done at that time or bond or escrow por- tions. Mr. Pearson said his concern is whether trans- portation lanes are adequate. Mr. Clark advised that property owner would be respon- sible for his property and city would pick up additional needed for oversize. He said that offsite improvements may be needed. Petitioner offered no rebuttal. Chairman asked if there were any questions and Richard Moon, Route 7, Box 48, responded stating he lives across from Mr. Wilkerson. He said that since being annexed into city electricity and water have been provided but sewer system is a concern. He said he would like to see- all of area developed but don't need development if don't have sewer facilities, Mr. Ellison responded stating that it wuuld be property owner's responsibility to connect to facilities as devel- opment occurs or facilities are provided with CIP funds. At. Wilkerson said raw sewage is running into creek at present time, that he would like the sewer problem taken care of before any new development. Chair declared public hearing closed. Mr. LaPorte moved to recommend approval of 2-1717 as a planned development (PD) for light industrial uses with the condition that the following land uses will be prohibited in the approved PDs Amusement, Commercial (outdoor), Drag Strip or Commercial Racing Asphalt or Concrete Batching Plant (permanent) Brick Kiln or Tile Plant lormitory, Boarding or Rooming House pump or Sanitary Fill Area Cemetery or Mausoleum Extraction and Sale of Sand, Caliche, Stone, Clay or Gravel fairgrounds or Exhibit Area 00-Cart Track Halfway House Hatche y, poultry Hauling or Storage Company Heavy Machinery Sales and Storage 74 e c . 4 ham, ~1 _a d~i, r ~a rt... fe .)r x 4r v ' a P & 2 minutes January 2, 1985 Page 7 Home for Care of Alcoholic, Narcotic or Psychiatric Patients Livestock Auction Livestock Feeding Plant, Pens or Yards Mining or Storage of Mining Wastes Open Salvage Yard for Ra s or Machinery etc Petroleum Collecting or Storage Facilities Private Utility Shop or Storage Yard Residential Rodeo Grounds Sand Gravel or Earth Sales or Storage Stable, Commercial Rental Stable, Boarding Stable, Private Club Storage and Sales of furniture or Appliances Outside a Building Theater, Drive-In Tire Re-Treading or Capping Tool Rental Trailer Camp or Mobile Home Park Trailer Rental or Sales Used Auto Parts Sales Seconded by Mr. Escue and unanimously carried (6-0). E. Recommend 18 and 19. Mr. Persaud stated that as site is zoned residential (SF-10), 46 notices *rare mailed to property owners in receding subdivision in compliance with state law. 8ne reply form was returned in favor, five reply forms were returned in opposition. He continued that property is located at corner of Nottingham Drive and Churchill Drive that it is a replat of three lots; that purpose of the replat is to shift existing lot lines to accommodate a building which currently exists on the site. Mr. LaForte referred to reply forms in opposition and advised that property owners in the area had cont►,cted :aim concerning the state of corner lot where dirt had been removed for fill for middle lot, leaving a large hole; also, they werrpee concerned about developer's heavy Heasked equipment that tearing laws ubs street people are objecting to. Mr. Persaud said that a garage was added on, that there was not enough space; that replat was requested to shift lot line away from that building. Ilr. Clark advised that the city's one building inspector exactly difficulty as u they should be controlling since survey stakeseare ined d V erent locations and many times are knocked down by cor.~truction. Mr. Sidor questioned what would happen if plat was not approved since this is after the fact. Don Lynch, petitioner representing his father who is the builder, stated they had had three surveys dotia on the property, that no pins existed on property, that they had problems with city plats as bearings veto off and there were no markings, He said that as a condition of sale a request was made to enclose garage and add a DOEt 03/19/85 CITY COUNCIL REPORT FORMAT TO., Mayor and Members of the City Council Z/1 ro FROM: G. Chris Hartung, City Manager SUBJECT: ORDINANCE ADOPTION FOR Z-1720 RECOMMENDATION: The City Council considered this item at its meeting of February 5, 1985 and voted to approve the zoning change. SUMMARY: This was a request for a change in zoning from the agricultural (A) classification to the general retail (GR) district on a 2.9 acre tract in the Stephen Nembrie Survey, located at the northeast corner of Robinson Road and Teasley Lane (FM 2181). BACKGROUND: This originally designated moderate area was redesignated by the realignment of Loop 288. The City Council approved Z-1720 due to the above factor. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Not applicable. FISCAL IMPACT% There is no impact on the general fund. Respectfully submitte • 0. C fir re a u g City t+.anager Prepared by-. d1~QAl~~1 Denise Spivby Urban Planner App V Jeff Msya Director of Planning and Coms►unity Development 1078& g, 1 3 104L NO. AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY ORDINANCE NO. 69-1 AND AS SAID MAP APPLIES TO 2.989 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF R03INSON ROAD AND F.H. 2181 (TEASLEY LANE), AND IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE DESIGNATION TO GENERAL RETAIL "GR" DISTRICT CLASSIFICATION AND USE DESIGNATION; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION 1. That the zoning classification and use designation of the following described property, to-vit. All that certain 2.989 acre tract or parcel of land situated in the Stephen Hembrie Survey, Abstract No. 643, Denton County, Texas; said tract being part of a called 88.806 acre tract shown by deed to Lakewood Estates Partnership, recorded in Volume 1172, Page 318, Deed Records, Denton County, Texas, and being more particularly described as follows: BEGINNING for the southwest corner of this tract at an iron pin at the intersection of the north right-of-way of Robinson Road and the east right-of-way of Farm to Market Road 2181, (Teasley Lane) said iron pin is north 01°07'29" west 35.53 feet from the southwest corner of Lake Estates Mobile Home Park, recorded in Volume C, Page 193, Deed Records, Denton County, Texas; THENCE north 01°01'29" west with said east right-of-way line a distance of 294.98 feet to an iron pin the beginning of a curve to thg left having a radius of 1471.57 feet (chord bearing north 03 07'23" west, 98.86 feet); THENCE northwesterly with said right-of-way and said curve a distance of 98.88 feet to an iron pin; THENCE north 78°02'07" east with a screening fence a distance of 218.80 feet to an iron pin for an angle corner of this tract; THENCE south 61°32'01" east with a screening fence a distance of 123.77 feet to an iron pin for an angle corner of this tract; THENCE south 01°44'24" west with a screening fence a distance of 390.00 feet to an iron pin in said north right of way of Robinson Road for the southwsst corner of this tract; THENCE north 88°07'26" west with said north right of way a distance of 300.00 feet to point of beginning. is hereby changed from Agricultural "A" District Classification and Use designation to General Retail "GR" District Classification and Use designation under the comprehensive toning ordinance of the City of Denton, Texas. SECTION 11. The Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, to an Appendix to the Code of Ordinances of Z-1720/R. J. BUTTON/PAGE I PA 1,'~! i s q u . the City of Denton, Texas under Ordinance No. 69-19 be and the same is hereby amended to show such change in District Ciassifica- tion and Use subject to the above conditions and specifications. SECTION IV. That the City Council of the City of Denton, Texas, hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character 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, Texas, and its citizens. SECTION V. 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 this the day of Marchs 1985. RICHARD 0. STEWART, KAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLM CITY SECKETM CITY OF DENTON,sTEXAS APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY: r 1 Z•1720/R. J. SUTTON/PACE 2 P a Z Minutss January 16, 1995 Page 3 to disrupt the flow of traffic cn this major thorough- fare. Parkway has been designee for residential access and curb cuts on that side would encourage undestreable site design and traffic flow. On question from Mr. LaPorte, Mr. Ellison stated he did not know how long the Red Cross had been using their current facilities as an office. He added it could have been since prior to 1969. On question from Mr. Juren, Mr. Persaud stated yes, office zoning would generate more traffic than multi- family. He gave the generation trips per day for both. On question from Mr. Pearson, Mr. Clark stated Carroll Boulevard as is, is as large as has been projected. Mr. Ellison stated the Development Guide does allow for selected nodes to be developed for multi-family and office development subject to certain site con- ditions. He stated the office at Congress and Carroll Boulevard was approved by City Council with smaller setbacks and it is too close to the other residents in the area. Mr. Uland in rebuttal, stated the garage shown in the pictures he distributed, will be removed which will allow for more parking. The curb cut is 40 feet from the corner of Parkway and there is no visibility ob- struction to his knowledge. He stated homes built in the 20's and 30's are beautiful homes and are worth preserving and stated he would hate to tear it down, rather he would like to spend more to fix it up. On question from Mr. Claiborne, Mr. Uland stated yes, the main ingress - egress would be Carroll Boulevard. Chair declared the public hearing closed. Mr. Pearson stated if we continue to permit additional office and commercial development on Carroll Boulevard, it will increase the traffic. Mr. LaPorte commented he feels it is unfair to Mr. Ultnd as there already exists office zoning in the areal however, since further office and commercial development in this area is discouraged, he intends to vote against the petition. Mr. Sidor commented he feels this would threaten further development of office and commercial on Carroll Boulevard and he intends to vote against the proposal. Mr. Escue made a motion to deny Z-1719. Seconded by Ms. Cole and unanimously carried (7-0), B.rtZ-1720. This is the petition of R, J. Button request- Tnq a change in zoning from Specific Use Permit 166 (Lake-wood Estates Mobile Home Park) to the general retail OR) zoning district on a 2,9 acre tract situated in the Stephen Hembrie Survey, Abstract 643. The property is located at the northeast corner of Robinson Road and FM 2161 (Teasley Lane). Ms, Spivey stated there were three reply fosse mailed to property ownerst 2 were returned in favor and zero in opposition. P i Z Minutes January 16, 1985 Page 4 Mr. R. J. Button, owner of the tract, distributed a brochure to tfe commission and he stated has been printed for a couple of years prior to the construc- tion of Lakewood Estates, which included the 2.9 acre proposal. He stated six months ago or to er, this area was classified as medium intensity and the boun- dary was moved back to Hickory Creek and has now been Chang d to low intensity. Mr. Archer, who owns the property across from his, came in with a request for retail zoning and it was approved. He stated he wasn't aware the area was going to change or he would have come in before Mr. Archer and rezoned his property. He continued in Phase I of Lakewood Estates, we extended an 8 inch water line from Ryan Road to service the development in Phase 1. Then in Phase II, extended it to service Phase It. He added since he has extended the water line, it has opened up the whole area. He stated if denied. he doesn't know what could be done to that corner lot, as it is zoned for mobile homes. He stated he was proposing to put in a cleaners and/or a convenience store. Mr. Sidor asked, when the specific use permit was applied for to allow a mobile home park, if he • proposed general retail for that corner. Mr. Button stated he did not as he didn't feel the need to develop it as general retail at that time. It was in the country. No one spoke in favor or in opposition to the request. Ms. Spivey stated this site is located in a low in- tensity area. She added the intensity standard for the area is not violated due to the lack of total development in the area. The Denton Development Guide has a policy limiting retail concentrations in low intensity areas to four acres. These concentrations can be separated by one half mile or one half the in- tensity area length. She stated in October 1984, the Planning and Zoning Commission approved a 31 acre mixed use planned development at the southwest corner of Teasley Lane and Ryan Road. This site contains four acres of general retail zoning on the corner. Since these sites are within one half mile of each other, there will be a total of seven acres of general retail zoning in this area if this request is approved. She added at first glance, denial seems to be the obvious recommendation but several other issues should be considered. She continued, the afore mentioned four acres of retail zoning has been approved by the Planning and Zoning Commission but has not yet gone to the City Council because annexation is not yet complete on this tractt so the zoning is not technically appproved. She added Mr. Button has shown this tract as being reserved fos retail purposes since the beginninngg of his entire development. She stated at the time of his original plan, the area was designated by the Development Guide as a moderate intensity area because the southern extension of Loop 288 was scheduled for that alignment, The new alignment has been moved further south to Hickory Creek Road and the moderate areas have been shifted to that alignment. She state] Mr, Button in- stalled the utilities that will make it possible for Mr. Archer and others to develop in that area, It seems hardly fair to deny him the use of those utilities in developing his own property, R.ti'~ti' . , P i 2 Minutes January 16, 1985 Page 5 In conclusion, Ms. Spivey stated if the Commission's • decision is influenced strictly by the Development Guide, you would recommend denial of this case, but there are extenuating factors to to considered and 'those may influence your decision. In effect, staff has no recommendation. On question from Mr. Pearson, Ms. Spivey stated perimeter street paving would apply on Robinson Road. Mr. Button, in rebuttal, stated his only purpose in presenting the brochure was to say that the reality of life doesn't seem to turn out like you want it to. He stated this case would technically get to City Council before Mr. Archer's case then he wouldn't be violating anything. On question from Mr. Pea~!zn, Mr. Button stated he was proposing a one story convenience store, cleaners and maybe a take-out pitea establishment. On question from Mr. Sidor, Mr. Button stated he has 84 acres and 410 lots and added his density is lower than required. Chair declared the public hearing closed. _ Mr. LaForte made a motion to recommend approval of 2-1720 to change a 2.9 acre tract from agricultural with a specific use permit allowing a mobile home park to general retail. Seconded by Mr. Sidor. Mr. LaForte commented that the Development Guide is a guide and not a concrete plan. He added Mr. Button has teen an asset to this community. Mr. Sidor commented that he feels this area of 84 acres, with 410 lots, 2.9 acres of general retail is not exorbitant. Mr. Pearson stated he agrees with Mr. LaForte and Mr. Sidor and he feels there will be a need for general retail in this area. Mr. Morris stated the wording on the agenda should actually have been worded a change in toning from agricultural (A) with a specific use permit allowing a mobile home park to general retail (OR). He added mobile home parks are not allowed in a generi,; retail area. On question from Mr. Sidor, Mr. Morris stated no, this is not sin amendment to the specific use permit, but just wanted to clarity the wording of the agenda. L Vote oaas called and motion passed unanimously (7-0). C. 21721. This is the petition of Alpha Joint Ventures requesting a change in toning from the single family (SF-7) district to the planned development (PD) classi- fication on a 4.4 acre tract situated in the Alexander Hill Survey, Abstract 623, The property is locatLA at 1213 Bernard Street. It approved, the planned develop- ment will permit the construction of fifty-four (54) townhome units, u s 0l:1'B: 03/1/65 CITY COUNCIL, REPORT FORMAT TO: Mayor and Members of the CitY Counct1 0 FROK: G. Chris Hartung, City Manager SUBJECT: ORDINANCE ADOPTION FOR Z-1721 RECOMMENDATION: The City Council considered this item at its meeting of February 5, 1985 and voted to approve the planned development. SUMMARY: This was a request for a change in zoning from the single family (SF-7) district to the planned development (PD) classification on a 4.4 acre tract located at 1213 Bernard Street. The approved planned development will permit the construction of 54 single family attached units. BACKGROUND, This site is located in a low intensity area that is approximately 17% over the standard. The City Council voted to recommend approval of Z-1721 as it represents a good faith effort to maintain the residential character of the neighborhood, PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Not applicable. FISCAL IKPACT: There is no impact on the general fund. Respectfully submitte e G. Chris Har un 4W4" 4CO City Manager Prepared bys ~eMld~ .(JJ1/_tM~ Denise Spi ey Urb+n Planner App ve Jeff Noy Director' of Planning and Community Development 1078g NO. AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOiTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY ORDINANCE NO. 69-1 f,ND AS SAID MAP APPLIES TO 4.4275 ACRES OF LAND LOCATED AT 1213 BERNARD STREET, AND IS HORS PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANCE IN ZONING CLASSIFICATION FROM SINGLE-FAMILY "SF-7" DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFICATION AND USE DESIGNATION; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF aHE CITY OF DENTON, TEXAS, HERf.BY ORnAINS: SECTION I. That the toning classificetion and use designation of the following described property, to-wit: Being all certain tract or parcel of land situated in the City and County o! Denton, State of Texas, and being part of the Alexander Hill Survey, Abstract No. 623, and part of a certain 5 acre tract of land conveyed by H. C. Davis, at el to 0. C. Davie, by deed dated July 10, 19400 and shown of record in Volume 285, Page 529, Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING; at a point in the west boundary line of said survey and in the west line of said 5 acre tract at the southwest corner of a lot conveyed by L. G. Calhoun and wife to U. C. Stuart by deed dated December 8, 1947 and shown of record in Volume 353, Page 1609 Deed Records of Denton County, Texas, said corner being 60.00 feet south of the northwest corner of said 5 acre tract; THENCE east along the south line of said lot conveyed to G. C. Stuart 125.00 feet to its southeast corner; THENCE north 60.00 feet tc the southeast corner of said G. C. Stuart's lot in the north line of said 5 acre tract; THENCE east along the north line of said 5 acre tract, 661.10 feet to the northeast corner of said 5 acre tract; THENCE south along the east line of said 5 acre tract, 27).18 feet to the southeast corner of said 5 &c ,.e tract; THENCE west along amid 5 acre tract, 636.11 feet to the southeast corner of a certain tract of land conveyed by L. 0. Calhoun and wife to G. C. Stuart by deed dated December 8, 1947, and shown of record in Volume 344, Page 486, Deed Records of Denton County, Texas; THENCE north along the east line of said lot conveyed to G. C. Stuart 60 feet past its northeast corner and the southeast corner of a certain lot conveyed by L. 0. Calhoun and wife to 0. C. Otuart by deed dated December 8, 1947 and shown of record in Volumr 345, Page 5241 Deed Records of Denton County, Texas, ■nd continatn- nort;: all 120.00 feet to the northeast corner of said lot conveyea to 0. C. Stuart by deed dated December 8, 1941 shown of record in Volume 345, Page 5240 Deed Records of Denton County, Texas; THENCE west along t%e north Itne of said lot 150.00 feet to its northwest corner in the west boundary line of said survey; Z•1721/ALPHA JOINT VENTURES/PACE 1 a . THENCE, north along the west bound+,ry line of said survey 97.78 feet to the place of beginning and containing 4.4275 acres (192,863 sq. ft.) of land. is hereby changed from Single-Family "SF-7" District Classifica- tion and Use designation to Planned Development "PD" District Classification and Uae designation under the comprehensive toning ordinance of the City of Denton, Texas. SECTION II. That the development of the property shall be in substantial compliance with the site plan attached hereto and made a part hereof for all purposes. SECTION III. 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. 69-1, be, and the same is hereby amended to show such change in District Classifica- tion and Use subject to the above conditions and specifications. SECTION IV. That the Citv Council of the City of Denton, Texas, hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character 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 cf Denton, Texas, and its citizens. SECTION V. 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 this the day of March, 1985. RICHARD 0. STEWART, MAYU CITY OF DENTON, TEXAS ATTEST: TY'SECKE'1 RY CITY OF DLUTON, TEXAS APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY: . % 'll\ 2.112;/ALPHA JOINT VENTURES/PAGE 2 ~ tF ' Ii i~3S1 r. C.:Iliiwwl. ~ 1w L ~ IIIIIw-- I K1 M" Nov" so H flow IIIII r C `~`s~ w~ww 1 HI SMUD O 111v1. M N OM l %A 4 M Ila Off • ~f-+-1~ - .Iw.iiww.►..wwll/ relloM-~ 1 too ~ r ~ MI IllK.IM \«fLIR kalm"M~f A .I I t--r--j , y ...Y,. I /ewrrf101lwlarn , [~'J 1 f /M lfAl~ ~rC L1MtM1 ~4 If->1~0 INIM\~/M I xIn 1MI "N11 f"rlffM/f OMU/11 O N - aw o m M • now ~ 1 f al .rr~~ ►+n an ar H~ to - lRil 1 N 1! M a 1~,!!1 l"~-- \ ` leetw 9111110114111 1L f01A~ 'I"1w 4•+.wwwl. 1/u"a wN frlM M q" Ilwe "'I" y ` 4 On At ~;~]f • Iw ullr~w M M iwrr/ M H Y wrwlonl.• M~ "..1 II dHff~rlf~lr/~l~flfw poevom 11 01MIN ~M ~I 0a Oft .Mw,. n'r 1M1 - f1l~r w-r M MM MAOl~ 11 r ~w 4NIwNMI b 1!~ lMM~ W*M MOA eMwIII><awn w-7 OMLON91- AMA J01NT vEN WNW till ~w srr ewer ~ ~rtt P a 2 Minutes Januaty 16, 1983 Page 5 In conclusion, Ms. Spivey stated if the Commission's • decision is influenced strictly by the Development Guide, you would recommend denial of this case, but there are extenuating factors to be considered and those may influence your decision. In effect, staff has no recommendation. On question from Mr, Pearson, Ms. Spivey stated perimeter street paving would apply on Robinson Road. Mr. Button, in rebuttal, stated his only purpose in presenting the brochure was to say that the reality of life doesn't seem to turn out like you want it to. He stated this case would technically get to City Council before Mr. Archer's case then he wouldn't be violating anything. On question from Mr. Pearson, Mr. Button stated he was proposing a one story convenience store, cleaners and maybe a take-out pizza establishment. On question from Mr. Sidor, Mr. Button stated he has 84 acres and 410 lots and added his density is lower than required. Chair declared the public hearing closed. Mr. LaPorte made a motion to recommend approval of x-1720 to change a 2.9 acre tract from agricultural with a specific use permit allowing a mobile home park to general retail. Seconded by Mr. Sidor. Mr. LaPorte commented that the Development Guide is a guide and not a concrete plan. He added Mr. Button has teen an asset to this community. Mr. Sidor commented that he feels this area of 84 acres, with 410 lots, 2.9 acres of general retail is not exorbitant. Mr. Pearson stated he agrees with Mr. LaPorte and Mr. Sidor and he feels there will be a need for general retail in this area. Mr. Morris stated the wording on the agenda should actually have been worded a change in zoning from agricultural (A) with a specific use permit allowing a mobile home park to general retail (GR). He added mobile home parks are not allowed in a general retail area. On question from Mr. Sidor, Mr, Morris stated no, this is not an amendment to the specific use permit, but just wanted to clarify the wording of the agenda. Vote was called and motion passed unanimously (7-0). C.i z1721. This is the petition of Alpha Joint Ventures requesting a change in zoning from the single family (SF-7) district to the planned development (PD) classi- fication on a 4.4 acre tract situated in the Alexander Hill Survey, Abstract 623. The property is located at 1213 Bernard Street, If approved, the planned develop- ment will permit the construction of fifty-four (54) townhome units. P L 2 Minutes January 16, 1985 Page 6 Ms. Spivey stated there were 23 reply forms mailed to property owneis; four were returned in favor, one in opposition and three in favor not on the mailing list. Mr. Jack Diamond, representing Alpha Joint Ventures, stated they are a group dedicated to constructing single family homes. He stated he is in the process of making Denton his home. He showed architects drawings of the proposed homes (single family), and stated they are not apartments and not built with student housing in mind. He stated they are trying to provide some breaks in elevation to show that they are single family homes and added the planned development they are requesting has quite a bit of green apace. He continued, the proposed fits single family as exists in the neighborhood and instills pride of ownership and integrity of single family neighbor- hood. He stated the homes will be owner occupied and their current lending contract does not allow them to sell more than 20 percent as renter property. He stated the physical character lends low impact to this area and the maximum height will to 24 feet. He stated a planned development in excess of 12 units would to considered multi-familyt he added they chose to stay lower than this figure. He stated the homes will be in the moderate price range and not high priced. He stated they don't consider this spot coning. He described the interior and exterior amenities and floor plans. Mr. Dan Allgiain, stated he is the second half of Alpha Joint Ventures. He stated he feels having a low profile will add to the nature of the development, as the homes will barely be seen from the street. He stated they have allotted 61,000.00 per unit for landscaping and described the types of landscaping proposed. Itr. C.L. Hunt, an area property owner, stated even though he is not crazy about this type of operation. he is in favor of single family homes. He stated they are asking for 54 units which is tasically a first class operation and stated he is in favor of this as opposed to 1,000 apartments or real small houses teing built there. He rdded he has no objections and would ask that the Commission approve this request. Mr. Jose G. Irlas, an area property owner, stated he did not receive a notice, but he is in favor. No one spoke in opposition to the request, Ms. Spivey continued this tract to in a low intensity area that Is already over the standard. She stated based on the ex sting zoning intensity area, it is 17 percent over the standard. This change will serve to aggravate this situation. She stated one of the Denton Development Guide's policies is protection of existing older netghborhoods and housing stock and that low to moderate income people should have protection of their quality of life as well as protection from traffic, noise, privacy and property values. She added this area is in our target area for Community Development Block Grant Funds and a property owns. the lot to the north of this tract, is a candidate for one of the first rehabs in the city, She added this is evidence that some of these structues and the netghborhood are salvageable, She stated this is medium densit concen- tration housing and the Development Guide requires at . w P 6 Z Minutes January lb, 1985 Page 7 least one access by a collector street. Bernard is a residential street loaded to capacity. She stated im- provements would be required to a portion of Bernard Street. Since the proposed is inconsistent with afore mentioned Development Guide policies, staff recommends denial of 2-1721. On question from Mr. Sidor, Ms. Spivey stated widening Bernard another lane all the way to 1-35E, is one type of improvement that has been discussed. Mr. Clark, in response to questions from Mr. Sidor, stated there is not enough right-of-way to widen Bernard. He stated staff is trying to bring out the fact that Bernard is not an arterial but a residential street and the traffic level is at capacity and until improvements are made, streets won't handle the traffic. Mr. olyai stated a study done previous to another zoning case in this area, has shown to be over the capacity. On question from Mr. Pearson, Mr. Rumfield stated yes, the developer would to required to run a sanitary sewer line to this development and he is aware of this requirement. Mr. Ellison stated the petitioners have tried to keep from exceeding the minimum requirement as far as density. Mr. Diamond in rebuttal, stated his experience has always been, good quality construction does not dis- courage renovation in any area. Mr. Allgiain stated Bernard Street does carry a lot of traffic, but according to surveys they had done they are not over the generation trips allowed. He con- tinued they are in a low intensity area and that 20 percent of the area is developed multi-family. He added with the setbacks and elevation differential we show, this makes this potentially lower. He stated regarding widening Bernard Street, we honestly can't afford to do it. He stated it is his understanding that SF-7 requires 7,000 square feet per lot and we don't feel we are affecting the traffic that much. On question from Mr. Claiborne, Mr. Allgiain stated yes, this is probably as low as we can go with the density, considering the amount of sewer improvements that have to be done, we could drop a little bit, a few units maybe. On question from Mr. Claiborne, Mr. Pumfield stated yes, developer would have to install the sewer line from Fort North Drive and he would be entitled to pro rata. Chairman declared the public hearing closed. Chairman Claiborne made a motion to deny Z-1121. Seconded by Mr, Escue. Mr, Pearson commented this is one of those types of requests that is hard to make a decision on. He P a 2 Minutes January 16, 1985 Page 8 stated they have made some good points and these lots are not likely to develop as single family lots. He added he intends to vote for the proposal. Mr. LaForte commented he was going to vote for it. Vote was called and motion failed 3-4. (Ms. Cole, Mr. LaPorte, Mr. Pearson and Mr. Sidor voted no.) Mr. LaForte made a motion to recommend approval of 2-1721. Seconded ty Mr. Pearson and vote carried 4-3. (Mr. Claiborne, Mr. Escue and Mr. Juren voted no.) 1V. Lonsiderattons A. Approval of final plat of the Kelsoe Addition, Block It Lot 1. Mr. Persaud stated this is a tract of 1.409 acres situated east of and abutting Bell Avenue at the Bell Avenue and Mingo Road intersection. This site is toned light industrial and retail development is anticipated. He stated water, sanitay sewer, electric, telephone and solid waste services and facilities are adequate and available. He stated there was one problem with reference to right-of-way for Mingo Road, but after discussion with the City Attorney, he informed staff the procedures for that would be handled in a different way. Staff recommends approval of the final plat. Mr. Escue made a motion to approve the final plat of the Kelsoe Addition, Block 1, Lot 1. Seconded by Ms. Cole and unanimously carried (7-0). B. Recommend approval of preliminary plat of the Extension to the Saule Addition, Block 1, Lots 8 and 9. Mr. Pereaud stated this is a tract of 0.9017 acres sit- uated east of and abutting Sault Lane, and north of Roberts Street. The site is toned residential single family (SF-7) and the preliminary plat is to create two single family SF-7 lots. He stated there is a need for perimeter street paving along Saute Lane and we ate recommending the developer to make the improve- ments, which is about one half of the street. The question of a waiver is for the Commissions consider- ation. Mr. Sidor asked if the developer is requesting a waiver rather than postponement. Mr. Persaud stated the developer is requesting 5 waiver, however, according to the regulations, the Commission can waive or post- pone the requirements. Mr. Sidor asked how long would it be postponed, and would he be required to post a performance bond for 10 years, Mr. Clark state< for several reasons, it is better to require the improvements rather than postponement or waiver. Mr, Sidor made a motion to recommend approval of the preliminary plat of the Sault Addition, Lots 8 and 9, Block l and not to waive or postpone, but to require the developer to make perimeter street paving requirements, Motion was seconded, 11411 .;f t 41 DATE: 03/19/85 CITY COUNCIL REPORT FORMAT TO, Mayor and Members of the City Council 140 FROM: G. Chris Hartung, City Manager SUBJECT: ORDINANCE ADOPTION FOR Z-1724 RECOM ENDATION: The City Council considered this item at I't's meeting of February 19, 1985 and voted to approve the planned development with conditions. SUMMARY: This was a request for a change in zoning from the single family (SF-10) classification to the planned development (PD) district on a 19.8 acre tract located on the east side of Hinkle Drive between Denton Center and Good Samaritan Village. The approved development will permit the construction of a retirement campus with 67 units of single family attached housing, 183 units of multi-family housing and a 60 bed health care facility. B&CKGROUNDt The site is located in a low intensity area and the approved development will not violate the standard for the area. The site plan for the development insures that green space will be maintained and the residential character of the area will be preserved. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Not applicable. FISCAL IMPACTS There is no impact on the general fund. Respectfully submitted: G. r s g City Manager Prepared by: Dents* Spivlsy 0 Urban Planner App ved~ Jeff mole Director-of Plian ng and Community Development 1078g 1027E t NO. j AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTONs TEXAS BY ORDINANCE NO. 69-1 AND AS SAID MAP APPLIES TO 19.8454 ACRES OF LAND LOCATED ON THE EAST SIDE OF HINXLE DRIVE APPROXIMATELY $00 FEET NORTH OF UNIVERSITY DRIVE (U.S. HIGHWAY 380)9 AND IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM SINGLE-FAMILY "SF-10" DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFICATION AND USE DESIGNATION; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION 1. That the zoning classification and use designation of the following described property, to-wits All that certain tract or parcel of land situated in the R. Beaumont Survey, Abstract No. 31, City and County of Denton, Texas, being ppart of a (called) 42.07 acre tract described in a deed from Sidney Brandenberger to Crawford Building Corporation on June 13, 1955 and recorded in Volume 411, Page 491, Deed Records of said County, and being more particularly described as follows: BEGINNING at a cross-tie fence corner post set in concrete at the northeast corner of said 42.07 acre tract; THENCE south 0°54' west along and near a fence on the east boundary line of said 42.97 acre tract 871.15 feet to a 2-inch steel fence post set in concrete; THENCE north 88°41'50" -just 993.73 feet to a steel pin on the east boundary line of Hinkle Drive; THENCE north 1°18'10" east with the east boundary line of Hinkle Drive 814.10 feet to a steel pin on the north boundary line of said 42.07 acre tract; THENCE south 88°31'30" east along and near a fence on the north boundary line of said 42.07 acre tract 987.61 feet to the place of beginning and containin,, in all 19.8454 acres of land. is hereby changed from Single-Family "SF-10" District Classifica- tion and Use designation to Planned Development "P D" District Classification and Use designation under the comprehanstve zoning ordinance of the City of Denton, Texas. SECTION It. e That prior to issuance of any certificate of occupancy for the use of any building within the planned development district, the following conditions shall be mats 1. Tito property shall be developed in accordance with the approved site plan. 2. The single family attached structures shall be no tore than one story in height. I 3. The trees along the western property line shall be retained as a screening device. SECTION 111. That the development of the property shall be in substantial compliance with the site plan attached hereto and made a part hereof for all purposes. 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. 69-1, be, and the same is hereby amended to show such change in District Classification and Use subject to the above conditions and specifications. SECTION IV. That the City Council of the City of Denton, Texas, hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the ggeneral welfare of the City of Denton, Texas, and with reasonabte consideration, among other things for the 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 appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. SECTION V. That this ordinance shall be in fall 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 this the day of March, 1985. RICHARD , r CITY OF DENTON, TEXAS ATTEST: CITY OF DENTON,,TEXAS APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS i Z-1724/DAVID L. SPALDING/PAGE 2 Z.Jf`i -le MINY. Plane" IH.dngse.l rill r.e~.1.~.► - ~IeeM~.ll J L..~f t $ll• inn, f 1 1 ..r N .S .1 ~c *-1 ileole 4sd1 lee,N ~ i I f I1.I..y Lee Ito. cunn MAP • L . r ~ ♦ Agle le~lh !sues lMw Y111IIM4.w w. 4M~1. .J 11 ~~11II Ill! ~ ftd~m low 6" x ' s I C _ Whit, w l LL IM.I IY.YIy .M.Ii lrll If •..w. ..elly YM.I'1NIY.F1 NM ' • ~ 11~ _ fad lad At" If Nl1 sere! f ON D ho"No, weed single leudp Ce»ul EVCLOPIdENT bled 2ee1ng PLAN ~ ■ u M~ ~~«ywr r r f `~WI~My1yv~llf~~.ieyM■~yvailfiei PARTMUMWP epo. 1 4' . h. t ♦h / Js .o raa. - ,r. f r. 414 P 6 'L Minutes January 30, 1985 Page 8 Mc. Jackson stated Mr. Smith did contact him and scow him the plans and then later came back with cev►sea plans, but said he feels it is just too dense and too hard to adjust one's thinking from SP-10 cc multi-family zoning. He suggested talking to the of^er neighbors and maybe get, together as a group. Ms. Cornell asked is there anything else that could be developaa there, since there Seems to be such a gap between SF-10 and multi-famiiy, that will be devetopea as the site plan shows. Mr. Escue ansiered no, not since this is straignt zoning. Cnair declared the luolic nearing closed. Mr. LaPorte mace a motion to aeny 2-172J. Seconaeo uy Mr. Sidor and carried 5-i. i0r. Pearson voted no.) Mc. Sidor couunenteo that even it it was permissable to have submitted a FU for townhouse develo pnent, ne would not tie in favor of it as it would not be )n keeling with the integrity of the neighoocnooa. U. r A-024. This is the petition of Uavia Spalding, representing Real-Tech, requesting a change in zoning from the single family (SF-10) district to the planned develo Anent (PD) classification on 3 19.8 acre tract in the R. Beaumont Survey, Abstract 31. The property is located on the east side or Hinkle Drive approximately 800 feet north of University Drive (U. S. Highway 3bU). it approved, the planned development will permit the development of a retirement campus witn the following land uses: Single Family Attaches - tj units on 9.5 acres with a density of 7 units per acre Multi-Family - 183 units on 5.7 acres with a density of 32 units per acre deaitn Care Facility - 60 bed facility on 1.3 acres Ms. Spivey stated there were 17 relay forms maiieu to property owners; three were in favor and zero in opposition and two undecided. Uave Spalding of Real Tech, a development company or. Arlington .:escrioed the surcounoing land area. Stan Haas, an architect of Dallas, explained ano snowed slices of a retirement campus similar to the one proposea. He stated the main access as snuwn on the site plan has seen moved to the middle of the develop- ment and they vill provide sidewalks. Charles Starnes, ;oxisulting engineer with Starnes a,iu Associates in Arlington, stated tie is pert owner of this property. He stated in dealing with this site, ne ran acros3 tree problem of Pecan Creek running through the back of the property, but, we feel we have taken a major problem and turned it into an asset and a beautiful Olen area. He stated they are proposing a detention lino and have discussed the plans with the engineering depart- rtent. He stated he had met with the manager of the i;ood Samaritan and the manager said they have been hampered to future development but by these improvements we are proposing to the creek, it will help their future davelopments He added on a national basis, most ce:irement campuses of this nature, nave one vehicle or leas and would not generate a lot of traffic. P i 2 Minutes January 30, 1965 Page 9 • Mr. Spalding stated they had had a meeting of 42 of the area homeowners and most seemed to oe acceptable to the proposal. He stated they are going to leave the tree line along Hinkle Drive. He stated the residents would be an average of 65 years or older, ana we found in our survey rent would be from $800 to $1,000 rental or en- dowment type plan would oe ottered which would include one meal a day. He explained the amenities and sur- rounding facilities available. No one spoke in opposition to the request. Ms. Spivey stated this site was the subject of a zoning change request from the single ramily sr-10 eistrict to planned development classification in i9bl. Tne aevelopers proposed 240 multi-family units and 32 units on a 19.8 acre tract. The request was approved by the Planning and Zoning commission but denied by the City Council aue to strong neignbornooa oppositLon. She stated the petitioners in this case are requesting planned develoizent (PO) for a retirement campus. She stated the Denton Development Guide designates low intensity areas as the city's primary housing areas. Diversified land use and small scattered sites of apartments (less than 20 units) are permitted as long as 1) there is strict site plan control within one block of existing low density residential so that the char- acter of the area can be maintained; 2) traffic planning insures &ccess by a collector street or iaryer and traffic does not flow through local streets; 3) the overall density/intensity stanaard is not violated; 4) sufficient green space and recreational facilities are provided and 5) there is input into planning by the neighborhood. She continued the proposal is well within the intensity standaru. The developer has met witn the neighborhood and appears to nave taKen their concerns into convideration. kneretore, since this proposai is consistent with Development uutie policies, staff recommends approval or z-1714 with conditions. Mr. Spalding said the type of people would oe elderly ana the property would be maintenance free for them. He stated extra measures nave been taKen such as a guard house to the entrance of the property, to prevent crime. He stated there will not be a lot of traftic, therefore there is not a lot of neea for parking, in most cases less than one car per unit. Chair declared the public nearing closes. Mr. Juren made a motion to recommend approval of L-1724 with the following conditions: 1) Tne property shall be developed in accordancer with the approved site plan. x 2) The single family attached strictures snail be no more than )ne story in height. ` 3) Tne trees along the western property line snail oe re+.ained as a screening device. Mr. Sioor seconded the motion and carried unanimously (6-0). 1 L ' P 6 Z Minutes January 30, 1985 Page 10 Mr. Juren commehteo he wished more developers would talk to the neighbors as these have done. Mr. Sidor commented tnis is an ideal location and it is not likely we would have furtner develo puent of resioen- Ltial nouses there. Mr. Juren left the meeting. H. xecor%nend approval of final replat of Cooper Crossing, Section 1. :dr. Persaud stateo this is a tract of approximately 61.5y acres situated east of and abutting Hercules Lane. Thrs s.tte is zoned residential single family under planned c:evelopment district IPD-72). The original plat contained an over-provision of easements whim would not allow adequate building area on some lots. Tne replat will rationalize the provision of easements on the site. The final replat conforms to the minimum requirements of the Denton Subdivision and Land Develo puent Regulations and staff recommends approval. Brian Burke stated he is the engineer on the project representing the owner and is here to answer any questions. No one spoke in favor or in opposition to the request. Chair declared the public nearing closed. Mr. LaPorte made a motion to recommend approval of the final re plat of Cooper Crossing, section I. Seconded oy Ms. Cole end unanimously carried (5-0). P. Recommend aErop:al of preliminary and final replat of the Golden Triangle Industrial Yarn, Phase V. Mr. Persaud stated this is a tract of 3.00 acres situated north of and abutting Morse Street, and east of LOOP 288. This site is zoned light industrial and office type develo Anent is anticipated. Water, sewer, electric, telephones and solid waste services are adequate and availaole. statf recommends approval or the preliminary and final replat. No one stoke in favor or in opposition to the request. Chair declared the public nearing closed. Ms. Cole made a motion to recommend approval of the preliminary and final re plat of the Golden Triangle Industrial Park, Phase V. Seconded by Mr. Sidor and unanimously carried i5-0). G. Recommend approval of final replat of the Haywood Addition, Block 10 Lot 1. Mr. Persaud stated tnls is a tract of 0.9287 acres situated south of and aoutting Sycamore Street west of Carroll Boulevard and is zoned multi-family and the purpose of the re plat is to remove the existing lot line so as to create one building site to accommodate multi- family develolunent. He stated the drainage proposals submitted are acce ptaole. Staff recommends approval. J WrYof DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / i ELEPHONE (817) 566.8200 Office of the City Manager M E M O R A N D U M O : Chris Hartung, City Manager FROM: Rick Svehla, Assistant City Manager DATE: March 14, 1985 SUBJECT: Purchase of land from Infinity Energy Council has an agenda item on the approval of bids to buy some right-of-way from the Infinity Energy Corporation. Since we were unable to obtain right-of-way through the platting process, we think it is necessary to reserve this right-of-way for the future expansion of Ningo Road. Therefore, we recommend the purchase. I have spoken with John McGrane. We could suggest that some of the interest earned from the CIP funds for U.S.380 be used to accomplish this purchase. Since 380 is being delayed because of the Highwri, Department's staffing problems some extra interest is being generated. If you or the Council has any further questions, we would be happy to try and answer them. F-c v - L a Assistant City Manager ji 2163M i '~°t' r. ' ~ V ~P, a ti r a~,: 9 F• ~~~a r'~. Y r r'~'; r n, v t NO. AN ORDINANCE AUTHORIZING THE EXPENDITURE OF FUNDS BY THE CITY OF DENTON$ TEXAS FOR THE PURCHASE OF REAL PROPERTY SITUATED IN THE B.B.B. 6 C.R.R. CO. SURVEY, ABSTRACT NO. 185, CITi AND COUNTY OF DENTON, TEXAS, BEING ALL OF LO',S 11, 12 AND 13, BLOCK 2 OF THE OATMAN ADDITION TO THE CITY OF DENTON, ACCEPTING A WARRANTY DEED THEREFORE FROM INFINITY ENEP.GY, INC., AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, Texas, has determined that it is in the beat interest of the citizens of the City to purchase certain real property; and WHEREAS, the Council is of the opinion that the purchase price of $37,500 for the property is reasonable; and WHEREAS, Section 2.36 (f) of the Code of Ordinances requires that the City Council approve all expenditures of more than $3,000; and WHEREAS, Section 2.09 of the City Charter requires that every act of the Council providing for the expenditure of funds or for the contracting of indebtedness shall be by ordinance; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council herEby approves the expenditure of THIRTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS ($3719500.00) for the purchase of that certain real property situated in the B.B.B. 6 C.R.R. Co. Survey, Abstract No. 185, being all of Lots 11, 12 and 13, Block 2 of the Oatman Addition to the City of Denton froo Infinity Energy, Inc., a Texas Corporation. SECTION II. That, upon payment of the purchase price, the City shall accept the convcydnce, by Warranty Deed, of the real property described in Section I hereof. SECTION 111. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of March, 1985. RICHARD 0. STEWART, KAYOR CITY OF DENTON, TEXAS ATTEST: C SECAE"lW CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY: -(`f1. 'i I. 3. v f s ; Prepued by die State pat of 1 eaas for u a oalY. Reviewed 1 1.76. Revised 10 include granites addrelP L 6626, RCS) I.1•82. WARRANTY DEED THE STATE OF TEXAS l COUNTY OF DLNTON r KNOW ALL h1EN BY THESE PRESENTS: That INFINITY ENERGY, INC. - - - - - - - - - - - of the Cov^.y „f Denton and State of Texar: for and In consideration of the sum of - - - - - TEN AND NO/ONE HUNDREDS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ($10.00) - - - - - - - - - - - - - - DOLLARS and other valuable consideration to the undersigned paid by the grantee herein named, the re.eipt of %Nth is hereby acknowledged. NIA have GRANTM SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto - - - - - - - - - THE CITY OF DENTON - - - - - - - - - - - - - - - - - - - - - - - - - - of the County of Denton and State of Texas allot the following described real property in Denton, Denton Count., Texas, to-twit: SEE EXHTSiT "A" TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in an)wise belonging. unto the said grantee . its successors kttfrll and assigns forever; AW it does dtshereby bind itself and its successors karsxaae~oodadtts6tieaataas to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said grantee , heirs and assigns, against every person whomsoever hwfully claiming or to claim the same or any part thereof. EXECUTED this day of 'larch A.D. 1985. INF TY. ENERQYj INC. bit. V. Mats M, DAVIS, Pr pat 6 M M1(~ y L H :F:,.'' 4, Y h. ~ .l S , ~ S}if~. r Y 4 EXHIBIT "A" All that certain tract or parcel of land situated in the B,B.B. i C.R.R. Co. Survey, A-185, City and County of Denton, Texas, being all of Lots 11, 12, and 13, Block 2, of OATMAN ADDITION to the City of Denton, lat of which is recorded in Vol. 148, Page 401, Deed Repcords of sdid County, and being more fully described as follows: BEGINNING at a found steel pin at the Southwest corner of Lot 11 and the Southeast corner of Lot 10 on the North boundary line of Lot 21, Block 2 of OATMAN ADD TIONI THENCE North a distance of 140.0 feat to a steel pin at the Northeast corner of Lot 10 and the Northwest corner of Lot 11 on the South right of way of Schmitz Street: THENCE North 896 40 390 East with the North Boundary Line of Block 2 and the South right of way of Schmitz Street a distance of 201.2 feet to a steel pin at the East corner 4,~f Lot 11 and of Block 2 on the Northwest right of way of Mingo-Pishtrap Road: THENCE South 510 491 54' west with the Northwesterly right of way of Mingo-Pishtrap road a distance of 228.18 feet to a s&sel pin at the cast corner o! the aforeaentioned Lot 211 THENCE South 890 40' 39' west with the South boundary line of toot 11 and the North boundary line of Lot 21 a distance of 21.80 feet to the Place of Beginning and con- taining In all 15,610.007 square feet or 0.358 acre of land. March 19 , 1985 CITY COUNCIL AGENDA ITEM 4/`J76 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: G. Chris Xartung, City Manager SUBJECT: Consider Proposed Contract with Texas Utilities Electric Company (TUEC) Regarding Sale of Generation Capacity. RECOMMENDATION The Public Utilities Board, at their meeting of February 1985, recommended to the City Council approval of the proposed contract to sell generating capacity to Texas Utilities Electric Company. SUMMARY With Comanche Peak Nuclear Unit delayed until 1986, Texas Utilities may have insufficient generating capacity to meet their reserve margin requirements during the summer of 1985. They have asked to purchase ZOO- MW from the Texas Municipal Power Pool member systems. The price is $35/MW which will result in a total sale of $7 million. Denton's share would be approximately 161. Any energy furnished will be charged at fuel cost plus .2f/KWH for operating and maintenance. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED Electric Department, electric customers, Texas Municipal Power Pool members, Texas Utilities Electric Company. FIS'AL IMPACT Sale of this capacity could offset the additional costs for energy required due to Comanche Peak not being available during 1985. Estimated sales: 200,000 KW I $35/KW $7,000,000 .16% Denton's Share (estimated 161) $11120,000 Prepared by: Respectfully Submitted a 76 R. Nelson ~ / wwm t Director of Utilities City Manager A7 I t ; R,f E. n Pirector of Utilities EXHIBIT I Proposed Contract II Resolution III Minutes PUB Meeting of 3489U:1 1008L NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING kN AGREEMENT PROVIDING FOR THE SALE OF ELECTRIC POUTER BY THE CITIES OF DENTON, BRYAN, GARLAND AND GREENVILLE AND BRAZOS ELECTRIC POWER COOPERATIVE, INC. (REFERRED TO AS "TMPP") TO TE7:AS UTILITIES ELECTRIC COMPANY (REFERRED TO AS "TUEC"); AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; AND PROVIDING? FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council hereby approves the attached agreement, providing for the sale of electric power by the Cities of Denson, Bryan, Garland and Greenville and Brazos Electric Power Cooperative, Inc. to Texas Utilities Electric Company and authorizes the Mayor to execute the agreement on behalf of the City of Denton. SECTION It. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1985. KLCRARD 0. STEWART, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN9 CITY 'CRETM CITY OF DENTON, TEXAS APPROVED AR TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY: J . .-•F s',yr «A.'. F art, .r a'.+iti' ~ ~a a'. THE STATE OF TEXAS § AGREF11ENT COUNTY OF DENTON This Agreement, made and entered into as of the day of , 1985, by and between BRAZOS ELT= C POWER COOPERATIVE, and the Cities of BRYAN, DENTON, GARLAND, and GREENVILLE, hereinafter referred to as "TMPP", and TEXAS UTILITIES ELECTRIC COMPANY, a Texas Corporation, hereinafter referred to as "TUEC". WITNESSETH: WHEREAS, TNPP owns and operates an electric utility system including generation and transmission facilities in the State of Texas, and desires to sell electric power to TUEC; and WHEREAS, TUEC owns and operates an electric utility system including generation, transmission and distribution facilities in the State of Texas, and desires to purchase electric power from TNPP; NOW, THEREFORE, in consideration of the premises and mutual covenants and agreements hereinafter set forth, the parties hereto mutually contract and agree as follows: ARTICLE I. ELECTRIC POWER AND ENERGY 1.1 TMPP will have 20u megawatts (MW) generating capacity available for sale to TUEC from 9 199 through and including , 19 and agrees to sell such capacity to fUM on t e o ow ng terms, and subject to the conditions set forth in this agreement: (a) C_apacity_Charge: TUEC shall pay TMPP in Annual Capacity charge as o ows: (1) During 1985, the Annual,Ag achy Charge shall be $7,u00,000 to be paid in„ ta-lments of :_l_Fg~ per month (hereinafter called Monthly a ac ty Charge"); provided, however, if in any month TMPP fails to have available 2Un. MW of capacity, then the Monthly Capacity Charge for that month shall be e~;justed to reflect the amount of capacity actually available to TUEC. During any hour that any part or all of the 200 MW is not available, the Monthly Capacity Charge will be adjusted by subtracting $4.05 for each MW not available during such hour. (2) Although in 1.1(a)(l) above a pricing adjustment is set out for unavailable capacity, it is the intent of this contract that the capacity sold hereunder shall be available to TUEC at all Limes in accordance with the terms of this agreement. This capacity sale shall take precedence over any subsequent capacity sales by TMPP Members to non-member entities. (b) Enet Char e: TUEC is entitled to purchase energy up to t e max um ourly amount capable of being generated by the purchased capacity. For all such energy purchased, TUEC will pay, in addition to the monthly Capacity Charge, a Monthly Energy Charge for energy actually delivered to PAGE 1 TUEC. The Monthly Energy Charga will permit TMPP to recover (i) the incremental fuel costs (the same being the lowest cost fuel available after the requirements of TMPP's own load and prior contractual commitments are satisfied) incurred by TMPP in generating the energy J delivered to TUEC each month; (ii) the operation and maintenance expenses incurred by TMPP in generating the energy delivered to TUEC each month from TMPP gas and oil fired generation, w'.•ich oxpenses will be billed ea--sloe fd hiy--vgeret~ Toer ~~esd , p1Mwes multiplied by the resit- e~~G!a kilowatt-hours to the total kilowatt-hours Saner-ated--by T for the month and will-be-aO usted at the end of each year to reflect the actual annual operation and maintenance expenses attributed to gas and q~l {r~A ~~aarsitoc~for_iga- eaa~--mult4f 4te4•4y_-the ratio of actual annual TUEC kilowatt-hours to the total annual gas-and--oil; and (iii) the coats related to transmission losses on the TMPP system resulting from such deliveries to TUEC each month, which cost will be determined by load floe studies under procedures to be established by the parties hereto. The fuel costs for energy delivered to TUEC herein shall be calculated by using the bus bar fuel costs for gas in cents per kilowatt-hour based on a calculation of the heat rates of the units which furnished the energy for TUEC during the hours in which energy was supplied to TUEC. The TMPP dispatcher, at his sole discretion, may designate the unit or units which will generate the energy for TUEC provided, however it is understood that tte units so designated will be the most efficient units available for operation after the TMPP load requirements and prior contractual commitments are satisfied. Fuel oil will be used to provide energy to TUEC only when specifically authorized by the TUEC dispatcher, in which case the additional cost of fuel oil over gas will be borne by TUEC. It i- intended that the energy furnished to TUEC by TMFP be jenerated in gas and/or oil fired units. When energy is available frog coal fired units, TMPP, at its sole discretion, may elect to furnish the energy requested by ':UEC from such units at a cost equal to the cost of ensrgy which would otherwise have been generated by TMPP with gas as fuel (or oil, provided prior authorization has been obtained), using the heat rate of 100250 BTU/KWH for cost calculations. TMPP will have complete discretion as to the fuel mix that will be used to generate energy delivered to TUEC; and it is anticippated that the fuel mix will vary depending on such factors as the time of day the energy is transferred, the number of units available at the time of transfer, and industry accepted operation practices. TMPP will inform TUEC of the anticipated fuel mix, and the estimated coat of the components thereof, when each scheduled period is requested, and TMPP will immediately notify TUEC of any changes in the mix or in such component costs during such scheduled period. 1.2 TUEC shall carry its spinning reserve assignments raquired by applicable operating agree.aents on its own generators. PAGE 2 ARTICLE II. FUEL SUPPLY 2.1 The delivery of energy to TUEC is subject to fuel limitations that may be imposed upon TMPP or :ts fuel suppliers by regulutory action, statutory changes, or the invocation of provisions in TMPP's existing or future contracts for boiler fuel. 2.2 Daily scheduled request for capacity and energy by TUEC shall be made at least twenty-four (24) hours in advance unless this requirement is waived by TMPP or anless TUEC has an emergency capacity deficiency, in which event :apacity will be made avail- able as soon as possible. Capactuy shall be scheduled for a minimum of six (t) hours. The minimun take during any hourly period in which capacity is scheduled shall not be less than thirty percent (30%) of the maximum hourly amount scheduled. Each time that capacity is started for TUEC, TUEC shall pay a generating start-up cost to be calculated as follows: 3.5 times the cost of fuel per BTU used in starting the unit times the cost of fuel per million BTU used in starting the unit times the maximum number of megawatts scheduled. No sltich start-up charge will be made when units do not have to be started in order to supply TUEC's requested capacity. TMPP dispatcher shall deter- mine, at his sole discretion, whether capacity must be started in order to fulfill TUEC's request for capacity and energy. TUEC shall retain the right to abandon or reduce any schedule when a gas curtailment or Force Majeure would cause a drastic change in the fuel cost of TUEC. TMPP will not be obligated to pink up or drop load at a rate in excess of 3 Mil/Min. 2.3 TUEC may arrange fog cel£very of natural gas fuel to TMPP to be used by TMPP in generating the energy delivered by TMPP to TUEC under this coi:tract. In the event TUEC does make such natural gas fuel available to TMPP by contract release or other- wise, TUEC shall be responsible for arranging the delivery of such fuel to TMPP and TUEC will bear all costs for delivery of said fuel. At such times as natural gas fuel is made available to TMPP, TUEC will arrange for the delivery of said fuel to power plants designated by TMPP. ARTICLE III. TRANSMISSION LINE CAPABILITY STUDIES AND WHEELING POWER 3.1 TUEC shall make all arrangements necessary to transport the power and energy it expects to purchase from TMPP during the term of this agreement. ARTICLE IV. CONTINUITY OF SERVICE, FORCE MAJEURE 4.1 Each party will exercise reasonable diligence and care to avoid interruptions of delivery of power and energy hereunder, but will not be liable for any damage or loss that may be occasioned by any failure or interruption caused by fires, floods, lightening, storms, or other acts of God; or b strikes, riots, civil disturbances, action of public authority, litigations, breakdown, or other causes beyond its reasonable co:;trol. TMPP may interrupt service to make necessary repairs or to make changes in equipment or to install new equipment, but only for such time as may be unavoidable. Reasonable advance notice of such interruption will be given if the nature of the situation permits. i I PAGE 3 ARTICLE V. BILLING AND PAYMENT 5.1 Beginning , 19 , and continuing on the teeth day of each calendar month thereat[er for months, THPP or its designated agent shall render a statement for the capacity charge and any energy delivered to TVEC during the preceding month; provided, however, TMPP may defer said billing for a reasonable period of time if required in order to obtain the necessary information to compute the Monthly Energy Charge, or said billing may be estimated, subject to correction in the next succeeding month's billing. Thirty (30) days after the last monthly bill, a corrected bill or credit shall be sent to TUEC. TMPP shall consider all amounts due and payable within fifteen (15) days from the date of the statement. 5.2 Each party shall have the right at reasonable hours to examine the books, records and charts of the other party to the extent necessary to verify the accuracy of any statement payment calculation, or determination made pursuant to the provisions of any article hereof. If any such examination shall reveal, or if either party shall discover, any error in its own or the other party's statements, payment calculation, nr determinationa, then proper adjustment and correction thereof shall be made as promptly as practicable thereafter. ARTICLE V1. REMEDIES FOR BREACH 6.1 In addition to and not excluding any remedy herein provided, it is agreed that if either party fails to perform any of its obligations hereunder, including the proapt payment of monthly bills or delivery of electric power, the injured party may suspend payment of bills or delivery of energy hereunder, and said party will not be liable in any manner for loss or damage arising from such nonpayment or suspension, provided that the injured party shall specifically notify the other party of such failure in writing at least ten (10) days prior to such suspension or nonpayment. No such suspension or nonpayment will interfere with the enforcement by either party in enforcing any of its rights hereunder, and no waiver of any right to enforce any breach hereof, will be deem:.d a waiver of such rights; nor will any waiver of any other or subsequent default, all rights and options herein provided to the benefit of either party being continuing to Cho end that failure to exercise any such right or option shtil not be construed as waiving the right or option upon airy aubsequent delay or breach whether of like or different character. ARTICLE VII. REGULATORY APPROVAL 7.1 The tarns of this contract and the charges herein set forth are subject to the approval of any regulatory s ithority having jurisdiction over the parties her9to, and the rates and charges herein set forth are subject to change or cermination pursuant to the order of such regulatory authority. ARTICLE VIfI. TERM This agreement shall become effective upon execution and shall continue in effect until 19 PAGE 4 ARTICLE IX. SUC(,ESSORS AND ASSIGNS This contract will inure to and be binding upon the successors and assigns of the respective parties. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their duly authorized officers as of the day and year first above written. WEST TEXAS UTILITIES COMPANY ATTEST: BY: CITY OF BRYAN ATTEST: BY: CITY OF DENTON ATTEST: BY: RICHARD U7. STEW) Tj MAYOR CHARLOTTE ALLENj CITY SECRUM CJTY OF GARLAND ATTEST: 8Y: CITY OF GSEENVILLE ATTESTr BY: BRAZOS ELECTRIC POWER COOPERATIVE, INC. ATTEST: BYr PAGE 5 Public Utilities Board Minutes February 6. 1984 Page 3 The Texas Water Rights Commission staff will not recommend a secondary use permit unless the downstream water land- holders agree to release or reduce the permit volume of Dallas and Denton. This would probably result in Dallas charging Denton for the use of Dallas' water rights, at approximately 36.72 cents per thousand gallons, the current charge for City's raw water. The Board discussed the item with Nelson. Mr. Hawley of Oakmont Estates also spoke to the Board suggesting that he had wished to be able to work with the City on this source, both as a reliable source for his needs, the needs of the Oakmont Estates Golf Course, and to provide a new resource recovery for the City of Denton. Board discussion followed reflecting the Board's concern and directing the staff to continue work on this matter and attempt to make sewer effluent available to the customers of the City of Denton. Thompson made a motion to direct staff to continue to work on the sale of wastewater effluent with Oakmont Estates. Second by Boyd. Three "ayes," no "nays". Motion carried. 6. CONSIDER APPROVAL Oj OVERSIZB PARTICIPATION AGREEMENT WITH 0AKMONT ESTATES FOR WASTEWATER EFFLUENT LINE Due to the discussion of the previous topic of the sales contract for water/wastewater effluent to Oakmont Estates, the Board tabled this item until further discussion and other information is made available. 7. CONSIDER APPROVAL OF PRO RATA AGREEMENT WITH OAKMONT ESTATES FOR WASTEWATER EFFLUENT LINE Again, due to the action taken on item M5 regarding the contract of sale, the Board tabled this item pending further investigation and new information. 8. CONSIDER PROPOSED CONTRACT WITH TEXAS UTILITIES REGARDING THE SkLE OF GENERATING CAPACITY Nelson informed the Board that Denton, as a pact of the Texas Municipal Power Pool, has been approached by Texas Utilities Electric Company to purchase excess capacity to be available during our summer peak at a rate of about $35.00 per KW of available power. The price per KW is about equal to the current market value of the same capacity available through gas turbine generators. Any energy purchased in addition to the contract would be charged at the cost of fuel, plus 2/10 of a cent per KWH fot operating and maintenance. The total contract to expected to bring in about $8.750.000 for the Texas Municipal Power pool which includes Denton, aacland, Bryan, Public Utilities 8oard Minutes February 60 1984 Page 4 Greenville, and Brazos Electric. Denton's share would be between 15. to 20 percent. Denton's share estimated presently at about 18 percent or $1,,575,000 to the City of Denton. Staff recommends approval of the proposed one year contract of sale for electrical generating capacity to Texas Utilities. The Board asked staff whether this was going to be good for the city of Denton. Mr. Nelson suggested that, j particularly in the light of recent failure of the Gibbons Creek Generator and the postponing the Comanche Peak Plant, this money would help off-set other increases which may be necessary to the City of Denton customers. Boyd made a motion to recommend the contract with Texas Utilities for the sale of generation, capacity to the city Council for adoption. Second by Thompson. Three "ayes no "nays". Motion carried. 9. CONSIDER BID OPENING OF CAPITAL IMPROVEMENT PLAN PROJECT NUMBER 85-W-15 (SPENCER ROAD) AND 85-W-16 (LOOP 288 WATBR LINE), BID #9391 The project is intended to provide a 20" water line going to Loop 288 from the existing water plant following Loop 288 north to McKinney Street and providing an 8" water line from that line following Spencer Road. Utilities staff and the City Engineering staff recommend award of the project to Dickerson Construction Company, P. 0. Box 181, Celina, Texas, 75009, in the amount of $486,522. Staff informed the Board that the difference between the bid amount $512,000 and the accepted bid amount of $486,522 was due to reduction in the requirements by the City on the water line, such as the removal of 33 fire hydrants which were in the original bib specifications. The 33 fire hydrants will not be required since there is no development in the area presently needing such hydrants. The future developers will be required to place the fire hydrants as they tie on. Thompson made a motion to accept the staff proposal and recommend to the City Council acceptance of bid of Dickersor. Construction Company in the amount of =486,522. Second by Boyd. Three "ayes," no "nays". Motion carried. RLSOLUTtow A RESOLUTION b they y City Council of the City of Denton, Texas, relating to the approval of the Issuance of certain refunding bonds by e ' the North Texas Higher Education Authority, Inc,; approving the issuance of such bonds and making certain findings to connection therewith, WHEREAS, the North Texas Higher Education Authority, Inc. has heretofore authorised the issuance of three series of bonds known as "North Texas Higher Education Authority, Inc. Student Loan toads, Series 19828;' "North Texas Higher j Education Authority, Inc. Student Loan Bonds, Series 1983A;" and "North Texas Higher Education Authority, Inc. Student Loan bonds, Series 19835," and WHEREAS, the directors of the Authority have advised this Council that it would be In the best interest of the Authority it the aforesaid three series of bonds were refunded in the manner provided by Article 717k, V.A.T.C.S., with the understanding that the proceeds of the refunding bonds and money or securities (Including income therefrom) held under the respective indentures securing the outstanding bonds will be utilized for the payment of expenses, debt service, reserves for the same or for the purchase of student loan notes as contemplated by the said law and Section 103 of the Internal Revenue Code of 1954, as emended; now, therefore, BE IT RESOLVED AT THE CITY COUNCIL OF THE CITY Of DENTON, TEXAS: SECTION 1t That all of the recitals contateed in the preamble hereof are found to be true and are adopted as the findings of this City Council, SECTION 2t That tae Issuance of the proposed refunding bonds to order to provil-eof tTie payment of the outstanding bonds and the security to% refunding bonds, and the utillsatlon of the money and securities held under the respective indentures securing the outstanding bonds in the manner and for the purposes permitted under Article 717k, V.A.T.C.S. and Section 10) of the Internal Revenue Code of 1954, as amended (as set forth to the preamble hereof) is hereby approved o-jd authorised, SECTION 31 At such time as the tefunding bonds aro approved by the Attorney General of ieoas, a copy of the Attorney General's approving optnion shall be filed (by the Authority) with the City Secretary. SECTION 43 In r, ,vent does the City assume any responsibility in connection with (t) the sdministration of this student loan program; (it) the Issuance and delivery of bonds in connection therewith; or (ttli the payment of any of the bonds issued by the Authority, it being understood these responsibilities are bang assumed by the Authority. SECTION St This resolution shall be effective from an! after its adoption, PASSED AND APPROVED, THIS THE day of , 19550 Richard 0. Stewart, Mayor ATTESTi city of nenton, Texas CCRA o to eAenn, City $ecretary City of Dentoo, Texas (City Seal) APPROVED AS TO LEGAL FORM: By$ CERTIFICATE FOR ` RESOLUTION AUTHORIZING INCLUSION OF THE CITY OF DENTON, TEXAS, WITHIN THE "ELIGIBLE LOAN AREA" IN CONNECTION WITH DENTON COUNTY HOUSING FINANCE CORPORATION SINGLE FAMILY MORTGAGE REVENUE BONDS, SERIES 1985 We, the undersigned officials of the City of Denton, Texas, hereby certify as follows: 1. The City Council of the City of Denton, Texas convened in session at m. on (mg-71Meeting"), at t e desig- nated meeting place, at which a duly constituted quorum was present and acting throughout. Whereupon a written: RESOLUTION AUTHORIZING INCLUSION OF THE CITY OF DENTON, TEXAS, WITHIN THE "ELIGIBLE LOAN AREA" IN CONNECTION WITH DENTON COUNTY HOUSING FINANCE CORPORATION SINGLE FAMILY MORTGAGE REVENUE BONDS, SERIES 1985 (the "Resolution") was duly moved and seconded and, after due discussion, said motion, carrying with it the adoption of the Resolution, prevailed and carried by the following votee: AYES: NOES: 2. A true, full, and correct copy of the Resolu- tion is attached to and follows this Certificate; the Resolution has been duly recorded in the minutes of the Meeting; the above and foregoing paragraph is a true, full, and correct excerpt from the minutes of the Meeting pertain- ing to the adoption of the Resolution; and the Meeting was open to the public, and public notice of the time, place, and purpose of the Meeting was given, all as required by Article 6252-17, Vernon's Texas Civil Statutes, as amended. SIGNED AND SEAL THIS I city Secretary City of Denton, Texas (SEAL) RESOLUTION AUTHORIZING INCLUSION OF THE CITY OF DENTON, TEXAS, WITHIN THE "ELIGIBLE LOAN AREA" IN CONNECTION WITH DENTON COUNTY HOUSING FINANCE CORPORATION SINGLE FAMILY MORTGAGE REVENUE BONDS, SERIES 1985 WHEREAS, the Denton County Housing Finance Corporation (the "Corporation") was created by a Resolution adopted by the Commissioners Court of Denton County, Texas (the "County") pursuant to Article 12691-7, Vernon's Texas Civil Statutes, as amended (the "Act"); and WHEREAS, pursuant to the Act, the Corporation intends to issue on or before April 12, 1985 its Single Family Mortgage Revenue Bonds, Series 1985 (the "Bonds") in order to provide funds to purchase mortgage loans frova par- ticipating lenders that have been made to eligible borrowers to finance owner occupied single family residential housing within the County; and WHEREAS, the Act requires that the governing body of any city located within the County, the population of which exceeds 20,000, must approve the use of the proceeds of the Bonds to purchase home mortgages for homes located within such city; and WHEREAS, it is found and determined that it is within the best interest of the inhabitants of the City of Denton, Texas (the "City") and will promote the public welfare and the public purposes of the Act for the proceeds of the Bonds to be used to purchase home mortgages for homes located within the City. NOW, THEREFORE, be it resolved by the City Council of the City of Denton, Texas, that: 1. The use of the proceeds of the Bonds to purchase home mortgages for homes located within the corporate limits of the City is hereby authorized and approved, and tho inclusion of the City within the "Eligible Loan Area" as used and defined in the Sale, Servicing and Administration Agreement, to be entered into by and between the Corporation, the party named as Administrator-Ser,/icer therein, the party named as Trustee therein, and the participating lenders named therein, is hereby approved. 2. The Mayor, the City Manager, the City Secretary and any member of the City Council and any other officers of the City are hereby authorized, jointly and severally, to execute and deliver such endorsements, instruments, certificates, documents or papers necessary or vital to carry out the intent and purposes of this Resolu- tion. 3. This resolution shall be effective from and after its passage, and it is so resolved. PASSED AND APPROVED this Mayor City of Denton, Texas ATTEST: City Secretary City of Denton, Texas ~2. R E S O L U T I O N WHEREAS, on Saturday, Ap:il 20, 1985, the Sigma Alpha Hu Fraternity is sponsoring an Spring Renaissance to be held on Fry Street between the intersection of Oak end Hickory; and WHEREAS, all abutting property owners of the street have given their permission to tho temporary' closing of said street; and WHEREAS, the Spring Renaissance is open to the general public of of the City and County of Denton; and WHEREAS, in order to provide adequate space for the said Renaissance and in order to protect the safety of citizens who attend, the City Council of the City of Denton deems it is necessary to temporarily close a portion of Fry Street between Oak Street and Hickory Street from the hours of 5:00 A.M. until 7:00 I.M. on April 20, 1985; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTOIW, TEXAS: SECTION I. That Fry Street between Oak Street and Hickory Street shall be temporarily closed as a street or public thorougnfare of any kind or character whatever on April 20, 1985 from 8:00 A.H. until 1:00 P.M. for the purpose of holding the Sigma Alpha No Spring kenaissance. SECTION It. That the portion of the above described streets shall revert back to the City for normal traffic activity t=ediately from and after 7:00 P.M. on April 20, 1985. SECTION III. Thlt this resolution shall take effect and be in full force snd effect from and after the date of its passage and approval. PASSED AND APPROVED this the 19th day of March, 1985. RICHM 0. STEWART, MAYO CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN CITY SECRETW CITY OF DENTON,,TEXAS APPROVED AS TO LEGAL FORM: JOE D. HORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY : Lv y i