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HomeMy WebLinkAbout04-02-1985 CITY COUNCIL AGENDA o~-oa- s5 's? d!t AGENDA CITY OF DENTON CITY COUNCIL April 2, 1985 Work Session of the City of Denton City Council on Tuesday, April 2, 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 proposed 16 lot single family residential subdivision located south of FM 1830 and east of Fincher Road for the purpose of determining whether to begin the annexation process. 2. Discussion of mobile home park development proposed in the extraterritorial jurisdiction for the purpose of determining whether to begin the annexation process (41.6 acres on Paige Road). 84 acre tract located 3. Discussion of zoning case on an south of I-3SE and east of Lillian Miller Parkway (Z-1435). 4. Receive a report on Collins Street. 5, 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 Apppointments Under Sec. 2(g), Art 6252-17 V. A. T. S. Regular Meeting of the City of Denton City Council on Tuesday, April 2, 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 March 5, 1985 and the Regular Meeting of March 19, 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. . r • i :P e ~'~n.A Y. 'A : W 'S! 7 ; y S i,.a.. , .r i c i , , 4 4 ia ' . n . City of Denton City Council Agenda April 2, 198S • Page Two A. Bids and Purchase Orders: Listed below are bids and purchase orders to be approved for payment under thu Ordinance section of the agenda. Detailed back-up information is attached to the ordinances (Agenda items 4.A0 4.B. and 4.C.) This listing is provided on the Consent Agenda to allow Council Members to discuss any item prior to approval of the ordinance. 1. Bid 1 9406 - Electrical meter test board 2. Bid 1 9430 - Sewer flushing truck 3. Bid 1 9432 - Material truck bed 4. Bid 1 9434 - Trencher trailer S. Bid 0 9437•- Sprigging, Bermuda grass 6. Bid 1 9438 - Carpet, Phase III 7. Bid 1 9410 - Bell/Eagle intersection and Woodrow/Spencer tie-in • 8. Purchase Order 67724 to Jagoo Public in the amount of $6,525.00. B. Plats and Replats: 1. Approval of preliminary and final replat of Schmitz and Ripy's Addition, Block D, Lot 9-R. (The Planning and Zoning Commission recommends approval.) 2. Approval of preliminary plat of the Teasley Center Addition, Block 11 Lot 1. (The Planning and 'toning Commission recommends approval.) 3. Approval of vacation of Wooded Acres Subdivision, Second Installment. (The Planning and Zoning Commission recommends approval.) C. Tax Refunds: 1. Consider approval of a tax refund to Colonial Savings and Loan in the amount of $9S3.860 Z. Consider approval of a tax refund to Beneficial Standarit Mortgage Company in the amount of $3,887.51. rr 51 t~ ~ a ~ i.ir' t ct ~~t3k~} ~hv ~~c KaA ~j Y `S't ✓}n it v~ i'. City of Denton City Council Agenda April 2, 1985 Page Three 3. Consider approval of a tax refund to Drew Mortgage Company in the amount of $613.42. 4. Consider approval of a tax refund to The Goodman Group, inc. in the amount of $2,280.79. D. Bid on Sale of City Property: 1. Bid # 9427 - 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 the City of Denton for annexation of approximately 136.S8 acres beginning approximately 500 feet east of the centerline of U.S. Highway 377 and south of Brush Creek Road (A-11). (The Planning and Zoning Commission recommends approval.) B. Hold a public hearing on the petition of the City • of Denton for annexation of approximately 65.12 acres beginning 3S0 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). (The Planning and Zoning Commission recommends approval.) 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 2S0 feet south of and perpendicular to the centerline of FM 426 and approximately 10000 feet east of Mayhill Road (A-14). (The Planning and Zoning Commission recommends approval.) 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. Huizar Survey, Abstract No. S14, and beginning approximately S00 feet north of and perpendicular to the centerline of U. S. Higghway 380 and west of Masch Branch Road (A-1 S). (The Planning and Zoning Commission recommends approval.) B. Hold a public hearing on the petition of Hammett 8 Nash, Inc. and the City of Denton for annexation of approximately ISO acres of lard located west of Mayhill Road approximately 4,000 feet north of 1-3S and adjacent and north of the MK&T Railroad (A-17). (The Planning and Zoning Commission recommends approval.) y~y 7 'r Y"qi vy X er :.r 4~F.. i. .~S.Ey i 4 ♦ ar x~a ~ r .y:e 1 z. a` r . City of Denton City Council Agenda April 2, 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). (The Planning and Zoning Commission recommends approval.) G. 2-1728. This is the petition of Charles Watkins, representing Spencer-Loop Venture, requesting a change in zoning from the planned development (PD) classification to the commercial (C) district on a 12.1 acre tract located at the northwest corner of Spencer Road and Loop 288. The current planned development will perrit the construction of a private utility shop and yard. If the request is approved, the property may be used for any purpose permitted in the commercial (C) district by the City of Dentor, Zoning Ordinance. (The Planning and Zoning Commission recommends approval.) 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 providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance with the provisions of state law exempting such purchases from requirements of competitive bids; and providing for an effective date. D. Consider adoption of an ordinance providing for the expenditure of funds regarding a contract with Just Technical Associates, Inc. for a software package known as Interactive Data . Facility that will allow Data Processing to key data from terminals. (The Data Processing Advisory Board recommends approval.) City of Denton City Council Agenda April 2, 1985 • Page Five E. Consider adoption of an ordinance approving a change of zoning from the agricultural (A) classification to the planned development (PD) district on a tract of 31.027 acres of land situated at the southwest corner of Ryan Road and Teasley Lane (Z-1702). (The Planning and Zoning Commission recommends approval.) F. Consider adoption of an ordinance approving a change of zoning from the agricultural (A) classification to the office (0) district on a tract of five (S) acres of land situated west of and abuttire Masch Branch Road and north of U. S. Highway 380 (Z-1749). (The Planning and Zoning Commission recommends approval.) G. Consider adoption of an ordinance approving a change of zoning from the agricultural (A) classification to the planned development (PD) district on a tract of approximately 37.6 acres situated west of and abutting Loop 288 and north of and abutting Audra Lane (Z-171S). (The Planning and Zoning Commission recommends • approval.) H. Consider adoption of an ordinance approving a change of zoning from the agricultural (A) classification to the planned development (PD) district on a tract of 6.34 acres situated south of U. S. Highway 380 in the vicinity of Cindy Lane (Z-1722). (The Planning and Zoning Commission recommends approval.) 1. Consider adoption of an ordinance approving a change of zoning from the residential single family (SF-7) classification to the residential single family (SF-10) district on a trait of 6.714 acres situated in the F. Batson Survey, Abstract 043, located east and adjacent to Greenway Club Estates (Z-1726). (The Planning and Zoning Commission recommends approval.) 3. Consider adoption of an ordinance amending Chapter 49 Section 4-33b of the Code of Ordinances to provide for enhanced clarity of the Animal Control Ordinance. K. Consider adoption of an ordinance providing for • temporary no parking on both sides of North Carroll Street from 250 feet north of Fain Street to Sherman Drive during the Spring Fling on April 27 and 289 198S. ..rt t I J Lf 'M1"' fin= Yi i ! 4 r'. 4 City of Denton City r-ouncil Agenda April 2, 1985 • Page Six L. Consider adoption of an ordinance canvassing the election returns for the March 23 Street Improvement Bond election. M. Consider adoption of an ordinance approving the expenditure of funds for the 198S City of Denton Citizen's Survey. N. Consider adoption of an 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 "TM PP") to Texas Utilities Electric Company (referred to as "TUEC") W authorizing the Mayor to execute the agreement. (The Public Utilities Board recommends approval.) S, Resolution: A. Consider approval of a resolution authorizing the closing of a portion of Fry Street between Oak and Hickory steets from 8:00 a.m. until 7:00 p.m. on Saturday, April 20, 1985 for the Sigma Alpha Mu fraternity annual Spring Rennaissance. B. Consider approval of a resolution a proving a commercial operators lease agreement with Jay D. Rodgers and Bruce Brown. (The Airport Advisory Board recommends approval.) C. Consider approval of a resolution adopting the North Central Texas Council of Governments's Standard Specifications. D. Consider approval of a resolution opposing Senate Bill 134 regarding the publication of intent to annex. E. Consider approval of a resolution supporting Senate Bill 1032 and House Bill 1634 regarding the expansion of service areas for municipally owned electric utilities, F. Consider approval of a resolution approving an employment agreement with the City Attorney. 6, Consider authorizing the Spring Fling Committee to hang banners over various City streets advertising the 1985 Spring Fling, 7. Consider removing zoning case Z-167S from the table. J . City of Denton City Council Agenda April 2, 1985 • Page Seven 8. Z-1675. This is the petition of Christopher Bancroft requesting a change in zoning from the agricultural (A) classification to the planned development (PD) district on a 19.39 acre tract located on the south side of Parvin Road approximately 1,500 feet east of Bornie Brae Road. If approved, the planned development will permit 71 lots for single family detached use (minimum lot size 7,000 square feet) and a two acre tract reserved for a private school. (The Planning and Zoning Commission recommends approval.) 9. Official Action on Executive Session Items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments 10. 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 i I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, orfi the day of 1985 at " o' clock 7 CITY SECRETARY 1697C AGENDA CITY OF DENTON CITY COUNCIL April 2, 1985 Work Session of the City of Denton City Council on Tuesday, April 2, 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 proposed 16 lot single family residential subdivision located south of FM 1830 and east of Fincher Road for the purpose of determining whether to begin the annexation process. 2. Discussion of mobile home park development proposed in the extraterritorial jurisdiction for the purpose of determining whether to begin the annexation process (41,6 acres on Paige Road). 3. Discussion of zoning case on an b4 acre tract located south of 1-35E and east of Lillian Miller Parkway (Z-1435). 4. Receive a report on Collins Street. r. 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. Z(g), Art 6252-17 V. A. T. S. Regular Meeting of the City of Denton City Council on Tuesday, April 21 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 March 5, 1985 and the Regular Meeting of March 19, 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 tho 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 April 2, 1985 Page Two A. Bids and Purchase Orders: Listed below are bids and purchase orders to be approved for payment under the Ordinance section cf the agenda. Detailed back-up information is attached to the ordinances (Agenda items 4.A, 4.8. and 4. C.) This listing is provided on the Consent Agenda to allow Council Members to discuss any item prior to approval of the ordinance. 1. Bid 1 9405 - Electrical meter test board 2, Bid ► 9430 - Sewer flushing truck 3. Bid 0 9432 - Xaterial truck bed 4. Bid 0 9434 - Trencher trailer 5. Bid 0 9457 - Sprigging, Bermuda grass 6. Bid # 9438 - Carpet, Phase III 7. Bid i 9410 Bell/Eagle intersection and Woodrow/Spencer tie-in 8. Purchase Order 67724 to Jagoe Public in the amount of $6,525.00. B. Plats and Replats: 1. Approval of preliminary and final replat of Schmitz and Ripy's Addition, Block D, Lot 9-R. (The Planning and Zoning Commission recommends approval.) 2. Approval of preliminary plat of the Teasley Center Addition, Block 1, Lot 1. (The Planning and Zoning Commission recommends approval.) 3. Approval of vacation of Wooded Acres Subdivision, Second Installment. (The Planning and Zoning Commission recommends approval.) C, Tax Refunds: 1. Consider approval of a tax refund to Colonial Savings and Loan ii, the amount of $953. 86. 2, Consider approval of a tax refund to Beneficial Standard Mortgage Company in the amount of $3,887.51. City of Denton City Council Agenda April 2, 1985 Page Three 3. Consider approval of a tax refund to Drew Mortgage Company ir, the amount of $613.42. 4. Consider approval of a tax refund to The Goodman Group, Inc. in the amount of $2,280. 79. D. Bid on Sale of City Property: 1. Bid 1 9427 - 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 the City of Denton for annexation of approximately 136.S8 acres beginning approximately 500 feet east of the centerline of U.S. Highway 377 and south of Brush Creek Road (A-11). (The Planning and Zoning Commission recommends approval.) B. Hold a public hearing on the petition of the City of Denton for annexation of approximately 65.12 acres beginning 3S0 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). (The Planning and Zoning Commission recommends approval.l C. Hold a public hearing on the petition of R. 9. Aic-onnell fot annexation of approximately 34.60 acres of land situated in the M. Forrest Survey, Abstract No. 117, and beginning approximately 250 feet south of and perpendicular to the centerline of FM 426 and approximately 2,000 feet east n Mayhill Road (A-14). (The Planning and Zonin,, Commission recommends approval.) D. Hold a public hearing on the petition of the City of Denton for annexation of approximately 4Z.3S acres of land situated in the S. Hutzar Survey, Abstract No. $14, and beginning approximately 500 feet north of and perpendicular to the centerline of U. S. Highway 380 and west of Masch Branch Road (A-1S). (The Planning and Zoning Commission recommends approval.) B. Hold a public hearing on the petition of He-nett & Nash, Inc. and the City of Denton for annexation of approximately 150 acres of land located west of Mayhill Road approximately 4,000 feet north of 1-3S and adjacent and north of the MW Railroad (A-17). (The Planning and Zoning Commission recommends approval.) lV AT, tl, 4 . ; 7" Tr"'T ap n tlN lrr r i`q' Y'„ ",ya Itt' T1,'1, City of Denton City Council Agenda April 2, 1985 Page Four F. Hold a public hearing on the petition of Redditch Investments Corporation for annexation of apprf)ximately 60.38 acres situated in the G. Walker Survey, Abstract No. 1330, and beginning adjacent and east of Edwards Poad (A-18). (The Planning and Zoning Commission recommends approval.) G. Z-1728. This is the petition of Charles Watkins, representing Spencer-Loop Venturo, requesting a change in zoning from the planned development (PD) classification to the commercial (C) district on a 12.1 acre tract locsted at the northwest cornor of Spencer Road and Loop 288. The current planned development will permit the construction of a private utility shop and yard. If the request is approved, the property may be used for any purpose permitted in the commercial (C) district by the City of Denton Zoning Ordinance. (The Planning and Zoning Commission recommends approval.) 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 providing for the expenditure of funds for ecergency purchases of materials, equipment, supplies or services in accordance with the provisions of state law exempting such purchases from requirements of competitive bids; and providing for att effectiv9 date. D. Consider adoption of an ordinance providing for the expenditure of funds regarding a contract with Just Technical Associates, Inc, for a software package known as Interactive Data Facility that will allow Data Processing to key data from terminals. (The Data Processing Advisory Board recommends approval.) City of Denton City C,;,+►ci1 Agenda April 2, 1985 Page Five E. Consider adoption of an ordinance approving a change of zoning from the agricultural (A) classification to the planned development (PD) district on a tract of 31,027 acres of land situated at the southwest corner of Ryan Ruad and Teasley Lane (Z-1702). (The Planning and Zoning Commission recommends approval.) F. Consider adoption of an ordinance approving a change of zoning from the agricultural (A) cla?sification to the office (0) district on a tract of five (5) acres of land situated west of and abutting Masch Branch Road and north of U. S. Highway 380 (Z-1709). (The Planning and Zoning Commission recommends approval.) G. Consider adoption of an ordinance approving a change of zoning from the agricultural (A) classification to the planned development (PD) district on a tract of approximately 37.6 acres situated west of and abutting Loop 288 and north of and abutting Audra Lane (Z-1715). (The Planning and Zoning Commission recommends approval.) H. Consider adoption of an ordinance approving a change of zoning from the agricultural (A) classification to the planned development (PD) district on a tract of 6.34 acres situated south of U. S. Highway 380 in the vicinity of Cindy Lane (L-1722). (The Planning and Zoning Commission recommends approval.) 1. Consider adoption of an ordinance approving a change of zoning from the residential single family (SF-7) classification to the residential single family (SF-10) district on a tract of 6.714 acres situated in the F. Batsein Survey, Abstract #43, located east and r.djacent to Greenway Club Estates (Z-1726). (The Planning and Zoning Commission recommends approval.) J. Consider adoption of an ordinance amending Chapter 40 Section 4-33b of the Code of Ordinances to provide for enhanced clarity of the Animal Control urdinance. K. Consider adoption of an ordinance providing for temporary no parking on both sides of North Curroll Street from 250 feet north of Fain Street to Sherman Drive during the Spring Fling on April 27 and 28, 1985. i A, t City of Denton City Council Agenda April 2, 1985 Page Six L. Consider adoption of an ordinance canvassing the election returns for the March 23 Street Improvement Bond election. M. Consider adoption of an ordinance approving the expenditure of funds for the 1985 City of Denton Citizen's Survey. N. Consider adoption of an 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 "IM PP") to Texas Utilities Electric Company (referred to as "TUEC") and authorizing the Mayor to execute the agreement. (The Public Utilities Board recommends approval.) 5. Resolution: A. Consider approval of a resolution authorizing the closing of a portion of Fry Street between Oak and Hickory steets from 8:00 a.m. until 7:00 p.m. on Saturday, April 20, 1985 for the Sigma Alpha Mu fraternity annual Spring Rennaissance. B. Consider approval of a resolution approving a commercial operators lease agreement with Jay D. Rodgers and Bruce Brown. (The Airport Advisory Board recommends approval.) C. Consider approval of a resolution adopting the North Central Texas Council of Governments's Standard Specifications. D. Consider approval of a resolution opposing Senate Bill 134 regarding the publication of intent to annex. E. Consider approval of a resolution supporting Senate Bill 1032 and House Bill 1634 regarding the exfansion of service areas for municipally owned electric utilities. F. Consider approval of a resolution approving 'an employment agreement with the City Attorney. 6. Consider authorizing the Spring Fling Committee to hang banners over various City streets advertising the 1985 Spring Fling. 7. Consider removing zoning case Z-1675 from the table. CM of Denton City Council Agenda Apr l 2, 1985 Page Seven 8. Z-1675. This is the petition of Christopher Bancroft requesting a change in zoning from the agricultural (A) classification to the planned development (PD) district on a 19.39 acre tract located on the south side of Parvin Road approximately 1,500 feet east of Bonnie Brae Road. If approved, the planned development will permit 71 lots for single family detached use (minimum lot size 7,000 square feet) and a two acre tract reserved for a private school. (The Planning and Zoning Commission recommends approval.) 9. Official Action on Executive Session Items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments 10. 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 board at the City Ball of the City of Denton, Texas, on the day of 1985 at o' clock (a.m.) (p.m.) CITY SECRETARY 1697C 41 DATR: 04W2 /8S CITY COUNCIL REPORT FORMAT T0. Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: DISCUSSION OF PROPOSED 16 LOT SINGLE FAMILY SUBDIVISION BEGINNING SOUTH OF FM 1830 AND EAST OF FINCHER ROAD FOR THE PURPOSE OF DETERMINING WHETHER TO BEGIN THE AhNEIIATION PROCESS RECOMMENDATION: Annexation does not appear necessary or feasible given the type and scale of development proposed. SUMMARII: An estate housing subdivision is proposed on this parcel which totals 27.3 acres in size. BACKGROUND: A preliminary plat was submitted for review by the Development Review Committee. The proposal meets the criteria for initiating an annexation study as provided in the Subdivision Regulations. M O RAMS. DEPARTMENTS OR GROUPS AFFECTED: Property owners. No existing housing or population is affected. FISCAL IMPACT: Undetermined Attachments: 1. Map 2. Development Review Committee Minutes Respectfull submitt : • 0. Chr s Hae ung City Manager Prepared by:~n, _u k UU." 'U11 David Ellison Senior Planner Ap ove Jeff Me Director Planning and Cojvaunity Development 10498 tun a nut It rmwn or nrol 61 In a Tut 010 L0 MAP" All tot TIAG, w • . ~~[rar, r.. c e rttr[r•[1. I Ii, jug WSAUJI, 1 D R110 I L L••wr, r.. t t If. Ijll%J l) Ka 1aa<i a trR L. "0.1op 11 lies rI^T, aMttaal [MS. 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TEXAS RO IIrfO 1 Minutes Development Review Committee March 19, 1985 DRC Members Presents Harlan Jefferson, Wayne Horsley, Don McLaughlin, Tommy Stone, David Ellison, David Salmon, Robbie Baughman, Ray Rumfield, Cecile Carson and Chris Smith Developer(s) Presents Jake Hersman Engineer, Planner, Architect, Surveyor, or other development interests presents James Cozby II. Review of Preliminary and Final Plats of the Cedar Creek Addition, Lots 1-I6, Block 1 A. engineering 1. Information submitted was not adequaf.e and was sent back to engineer. 2. Drainage information in particular was missing and is needed to allow review to continue. B. Transportation Engineering No representative was present. C. Water and Sewer 1. Understanding is that septic tank permit has been applied fort Director of Utilities approval is required. 2. Six inch (6") existing water line from Argyle should be confirmed and documented. Need documentation on available fire flow before approval can be granted. 3. No pro rata charges required. 4. No off-site pro rata agreement required. 5. No oversize agreement required. D. Electric 8. Fire 1. Fire hydrants required every 600 feet, i p . r tea, r. ~ r•, r , ~ y. L, r, ~xtat Minutes Development Review Committee Cedar Creek Addition March 190 1985 Page 2 8. Fire (Continued) 2. Fire hydrants and water system must be operational before construction begins. 3. The access roadway shall be extended to within 150 feet of all portions of the exterior walls of the first story of any building. 4. Water flow required for fire protection is 750 g.p.m. 5. Flow test results are needed from Argyle. b. Review is continuing. F. Building Inspection 1. Property is in the extraterritorial jurisdiction if connecting to Denton water inspections required. 2. If annexed, zoning regulations will apply. G. Lone Star Gas Service is not available. f. G.T.E. Service will be out of the Bartonville exchange. Facilities do not currently exist but will be built. I. Cox Cable No represantative was present. 3. Solid Waste Service not available, because ► ause the development is outside of the city limits. Minutes Development Review Committee Cedar Creek .kddition March 190 1985 Page 3 K. Parks and Recreation No comment. L. Planning and Community Development 1. City Council will consider annexation study at its meeting of April 2, 1985. If annexed, plat may not be approved except by resolution of City Council (procedural change is being considered through proposed ordinance amendment). 2. Corrections should be submitted with April to Planning and Zoning Commission meeting tentatively in mind. 30 Preliminary and final plat approval required by City of Denton. DATEt 04/02/85 CITY COUNCIL REPORX FORMA TO% Mayor and Members of the City Council ~ FROM, G. Chris Hartung, City Manager ' SUBJECT% DISCUSSION OF MOBILE HOME PARK DEVELOPMENT PROPOSED IN THE CITY OF DENTON'S EXTRATERRITORIAL JURISDICTION (RTJ) FOR THE PURPOSE OF DETERMINING WHETHER TO BEGIN THE ANNEXATION PROCESS (41.6 ACRES ON "IhIGE ROAD AND ADJACENT AND WEST OF PROPOSED ROLLINGWOOD ESTATES) RECOMMENDATION: The tract should be annexed if the City Council wishes to have mare definable control of type and quality of development. SUMMARY: The above referenced tract is undeveloped and proposed for mobile home park use in an area of the City and RTJ which is being highly impacted by existing and proposed manufactured housing land use. BACKGROUND: N The engineers representing the prospective owners/developers met with the staff Development Review Committee on March 5, 1995 to discuss technical requirements. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Existing residents of the area; all City Departments required to provide basic services if annexation and development occurs. No existing housing or population is affected. FISCAL IMPACT: Undetermined Re~spec~tfully submitt d: C15t~s B 5. e City Manager Prepared by: David Ellison Senior Planner Ap OY Jeff M Director of Planning and Community Development 0751s e CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: April 2, 1985 SUBJECT: Discussion of mobile home park development proposed in the City of Denton'a extraterritorial jurisdiction for the purpose of determining whether to begin the annexation process (41.6 acres on Paige Road) SUMMARY: The 41.6 acre parcel in question is located adjacent and south of Paige Road beginning arproximately 1,172 feet west of the inter- section of Paige and Swisher Roads. The Rollingwood Estates tract (annexed and approved for estate and manufactured housing) abuts the subject parcel to the east. Blackwell 6 Associates, Inc., an engineering/ planning firm scheduled a pre-design conference with the Development Review committee on March 5, 1985. The purpose of the pre-design conference was to solicit genoral technical information and feedback regarding a possible mobile home park development. Consideration of such a development triggers the annexation study process. Develop- ment Review committee comments are attached for information. No formal petitions for zoning, voluntary annexation or plat approval have been submitted. Existing land use is undeveloped property being used for agricultural purposes. There is no existing population. Surrounding land use consists of vacant land, single family residential and Greentrees Estates Mobile Home Park to the north, single family residential, vacant to the south, undeveloped property annexed on August 7, 1984 and approved for estate housing and a manufactured housing subdivision to the east, and vacant land, single family residential, and Sherwood Mobile Rome park to the west. STREETS AND DRAINAGEt If approved for development, all housing must be set one foot (11) above the 100 year flood level in the streets and channels. Paige Road is an unimproved collector street requiring sixty feet of total right-of.-way width. Perimeter street paving across the frontage of Paige Road will be a minimum requirement when or if development occurs. Agenda Flack-up Summary April 2. 1985 Page 2 UTILITIES: Electric service is available front the City of I)enton and TP&L. Analysis of the existing lift station/forcemain system indicates that neither has sufficient capacity to handle proposed new development in this area. Current Subdivision Regulations and Land Development Codes provide that it is the developer's responsibility to install or upgrade facilities sufficient enough to serve their site. If the site is not annexed and extension of, and connection to, the City public utility system is desired, public utility board, planning and zoning commission and city council approval is required upon written request. Gas and telephone service is in place or available for extension. APPLICABLE REGULATIONS: If the property is annexed all City of Denton building codes, fire codes, zoning ordinance and mobile home park and travel trailer ordinance provisions apply. If the property is not annexed, but is connented to the city's public utility system the building inspection division will inspect private lines for compliance with City of Denton Plumbing Codes. PLANNING AND LAND USE POLICIES: This site is on the fringe of the Denton Development Guide study area. If extended this site would logically fall within a low intensity area. Location policies for mobile home parks (approved Septomber, 1984) in low Intensity areas are: 1. The overall intensity standard not be violated 2. No concentration more than 200 units 3. Access by collector street or larger (if density less than 12 units per acre) 4. strict site plan control within 1,600 feet of existing single family residential 5. Sufficient green space, recreation facilities, etc. provided 6. Input into planning by neighborhood ACTION REQUIRED: Direct Htaff to annex or not annex tract P CLOG RAMS DEPARTMENTS, OR GROUPS AFFECTED: The existing population in this area particularly residents of Chaparral Estates in Shady Shores were uverwheim"ngty opposed to the Rollingwood Estates development proposal, Prompt annexation and denial of specific use permit and development Ageni.a Back-up Summary April 2, 1985 Page 3 plans is the only way of preventing proposed land use if this is the objective or desire of the City Council. This would be an involuntary annexation petition. ALTERNATIVES: 1. Annex subject parcel 2. Annex parcel and surrounding property 3. No annexation ATTACHMENTS: 1. Map 2. bevelopment Review Committee minutes of March 5, 1985 3. List of existing and proposed parks and subdivisions p U~W I David Ellison Senior Planner 07519 . 1f 41,6 ac. on Pape Rd Rd L bores .RSia... ~ i Z . CORINTN Minutes Development Review Committee March 5, 1985 DRC Members Presents David Ham, Wayne Horsley, Don McLaughlin, Aoorosh Olyai, Robert Hagemann, David Salmon, Robbie Baughman, Brian Kurtz# and Cecile Carson Engineer, Planner, Architect, Surveyor, or other development interests presents Steve Rogers, Randy Hill and Pat O'Brien IX. Review of Proposed Mobile Home Parks Addition on 41.6 Acres on Paige Road A. Engineering 1. Need to submit off-site drainage with preliminary plat. 2, Need intensity for 10 year storm and time of concentration of 10 minutes in 8 in./hrs. 3. Off-site permission t?ill be needed to run storm water to adjoining property. 4. Mobile homes must be set one (1) foot above 100 year flood level in the streets and channels. 5. Show what happens to runoff from area 5. 6. Off-site paving of Paige Road needed at this time to I-35. 7. Perimeter pave Paige Road across frontage. 8. Sidewalks required along Paige Road. B. Transportation Engineering 1. Paige Road is a collector size street requiring 60 feet of right-of-way and subject to perimete.; street improvements. 2, Width of roadways within the park is given in Denton Mobile Home Ordinance - the proposed 30 feet is not adequate. 3. All internal streets should have right angle intersections. Minutes Development Review Committee Mobile Home Park oddition March 5, 1985 Page 2 B. Transportation Engineering (Continued) 4. Intersection bounded by Lots 128 and 156 should be re-designed. 2. Sngineering plans should not have any vertical curves less than 100 feet and no horizontal. 3. Will su;iport off-3ite improvements of Paige Road to 1-35. C. Water and Sewer 1. Art. 4.07 Water Utilities Standards. Basic Policy: Water systems shall be provided with a sufficient number of outlets and shall be of sufficient size to furnish adequate domestic water supply to furnish fire protection to all lots and to conform to the City of Denton Master Water Plan, the Comprehensive Utility Ordinance of the City of Denton and the Standard Specifications of the City of Denton. 2. Art. 4.08 Sewer Utility Standards, Basic Policy: Sanitary sewer facilities shall be provided to service the subdivision adequately and conform to the City of Denton Master Sewer Plan, Standard Specifications and the Comprehensive Utility Ordinance of the City of Denton. 3. if outside city limits, a letter requesting service must be approved by Public Utilities Board, Planning and Zoning Commission and the City Council. 4. Suggest developer confer with Burke Enginneering for use of Rollingwood Estates Lift Station and proposed force main (pro rata or joint venture). 5. Proposed 12" water line on Paige Road should be adequate. b. No oversize agreement required. 7. May have pro-rata charges for sanitary sewer and water line after construction. 8. If utili~ies are public show water and sewer lines underneath pavement► 5 feet from curbs on each side, If utilities are to be located along a county or state road, a 16 foot easement outside the right-of-way is required. Minutes Development Review Committee Mobile Home Park Addition March 5, 1985 Page 3 C. Water and Sewer (Continued) 9. Use of City easement next to the railroad will not be allowed. 10. Show all water and sewer lines, easements, fire hydrants, manholes, etc. on preliminary plat. 11. Are utilities public or private? Need to show internal water and sewer lines. 12. Fire flow required is 500 g.p.m. Will need at least 6" water line. D. Electric Electric service is available from the City of Denton at customer's request. E. Fire 1. Fire hydrants required avery 300 feet. 2. Must provide an all weather driving surface on not less than 20 feet of unobstructed width, with ade- quate roadway turning radius capable of supporting the imposed loads of fire apparatus before construction beg ins . 3. Fire hydrants and water system must be operational before construction begins. 4. The access roadway shall be extended to within 150 feet of all portions of the exterior walls of the first story of any building. 5. Uniform Fire Code, 1982, is applicable. 6. Pre-design plan is acceptable. F. Building Inspection 1. This development will need to comRly with ordinance f84-65. 2. Review will continue. Minutes Development Review Committee Mobile Home Park Addition March 5, 1985 Page 4 G. Lone Star Gas Service can be provided. H. G.T.d. 1. Service is available. 2. An 8 foot communication easement at the rear of the property is needed. 1. Cox Cable No representative present. J. Solid Waste 1. Residential solid waste service is available. 2. The City Ordinance requires that all such units be served by the City's Sanitation Division. 3. We will provide twice-a-week curb service, and collection of bulk trash once a week. 4. All garbage must be placed in plastic bags or small boxes. Customers will be billed on their utility bills. K. Parks and Recreation Pre-design plan is acceptable. L. Planning and Community Development 1. this property could be considered for annexation. 26 If annexation process is started, a Specific Use Permit for a mobile home park will be required. 3. The park would have to comply to the Mobile Ho;.p Park Ordinance, if annexed. Manufactured Homes, Mobile Home Packs and subdivisions (Existing and Proposed) Existina Packs Acorn 20 Units Bourland - *Capricocn 72 Centerpoint 130 Country View - *Denton West (380) - Denton West 300 *Hickory Creek - Hillcrest 60 inLan 15 Lakewood Estates 200 Mayhill 50 Mayh1 5 *Royal N-ke 150 Sherwoo. 082-9903) 97 *SilverdoL 90 Sunrise 35 Triangle - *Twin Lakes 320 *Vacation Village - Wynn's 377 %%:aiter village 50 Y Motel 20 Approved Zo,Dina oc Plat, But Not Developed: The Meadows (formerly Champion Home Communities) 652 (rental park) Allan Estates 225 (rental park) Rollingwood Estates 275 (subdivision) Lakeview Oaks 550 (subdivision) Sandy Hill Addition 80 (subdivision) *Sereen Meadows 32 (subdivision) * Outside City Limits 0732) DATE: 04/02/85 CITY COUNCIL REPORT FORMAT r1130 TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager . SUBJECT: Discussion of zoning case Z-1435 RECOMMENDATION: The City Council approved Z-1435 at its meeting of March 4, 1980. SUMMARY., This was a request for a change from agricul- tural (A) to mixed use (PD) zoning on an 84 acre tract located south of I-35E and east of Lillian Miller Parkway. The petitioner re- quested multi-family (MF-R) on a 7.2 acre tract. BACKGROUND: The City Council approved the request with the stipulation that two rows of duplexes be built along the southern portion of this tract. The official ordinance indicates that the entire 7.2 acre tract was zoned two family (2F). A legal opinion attached to the backup indicates that the ordinance is valid. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Not applicable FISCAL IMPACT: There is no impact on the general fund. Respectfully subm ted: • its artun City Manager Prepared by: Denise p vey~ Urban Planner ti Ap A Tie Director of Planning and Community Developme:.t CITY OF DENTON MEMORANDUM DATES March 27, 1985 T0: G. Chris Hartung, City Manager FROM: Denise Spivey, Urban Planner SUBJECT ZONING CASE Z-1435 in February of 180, Mr. George Hopkins, representing the Henry S. Miller Compa;iyI filed a request for a change of zoning from the agricultural (A) district to the planned development (PD) classification on a 84 acre tract located south of I-35E and east of Lillian Miller Parkway. Mr. Vopkins also represented Mr. McNeill, owner of a 7.2 acre sect`. on of this proposal. The original request on the 7.2 acre tract in question was for multi-family (ME-1) zoning. The Planning and Zoning Commission held a public hearing and reduced the dtnsity on this tract to multi-family (MF-R) as is represented in the public notice for the City Council meeting. The minutes of the March 4, 1980 City Council meeting indicate that the Council approved MF-R zoning on this tract with the provision that two rows of duplexes be constructed along the southern boundary of the tract. The officially adopted ordinance indicates that the entire 7.2 acre tract is zoned for two-family or duplex development. Upon Inquiry by Mr. McNeill, I submitted a request to the Legal Department for advice in this matter. An opinion from Joe Morris, Acting City Attorney, stating that the ordinance is valid is attached. Also attached are copies of Ordinance No. 80-21 and the City Council minutes of March 4, 1980. . be n i e e ~vy`_--------_._.--- gl Attachments 11029 Y All k r 14 rl ws f orN . . kf~ fD0 r. 1 D..~.~. a/. Nt1 ~ n''I~Y' •S ~ f .f ti~a.a w~nw J}~ r J A + I Gf^t~Q .ENO l Y I ~+J I 1 f bit a " I n .I I ~ VV I' p rf j 0 Y Iv I 'r !I . •r• 11,1 '~l2 , • ~ l~ _ 10 IT1•- I *T y~ - 1 i4 Pratby}man Church Tract I 50' Rtvtlte~ I 00 ee'~ Preli,~inor~r Dtl~ o}' SOUTHRIDGE PLAN A CIrY of Dwrom, rum oE1 cr Or rNa CITY ArrORNjry ~waaraRAivDU~r Joe D. Mcrr(4 Aa4490nt City Attomay Robert a )Funtsr, AssLttoht City Attorney DATE: October 18, 1984 TO: Denim: Spivey, Development Review Planner FROM: Joe D. Morris, Acting City Attorney SUBJECT: ?INION NO. 364 lidation of Defective Zoning Ordinance You have asked this office to address the issue of the validity of Ordinance No. 80-21, in light of certain possible procedural errors made during the proceedings leading to its enactment. For the reasons stated below, we conclude that Ordinance No. 80-21 is valid as written. The circumstances which prompts your request concorns a petition for rezoning in 1980 submitted by George Hopkins, representingg Henry S. Miller Co., on a tract of land of approximately 84,2 acres. As reflected in a copy of the minutes of the City Council meeting F March 4, 1980, attached hereto, a public hearing on the request s held on the rezoning petition. (Z-1435) The petitioner had regi ed five separate zoning amendments to the entire tract, includLn "(3) a change of zoning from agricultural (A to multi-family (MF-R) classification on approximately 7.2 acreso The planning and zoning commission apparentl changed the request and gave notice of rezoning to multi-family MF-l) on the 7.2 acre tract. The minutes of the Council reflect that the petition was approved with certain stipulations, one of which stated "that two rows of duplexes be built on the south portion of the MF-R zone". Ordinance No. 80-21, dated March 25, 1980, attached hereto, was the ordinance enacted approving the rezoning of the 84.2 acres. Paragraph 3 of page 2 of the ordinanc4 shows that the 7.2 acre tract, whi;:h had been requested to be rezoned from agricultural A; to multi-family restricted (MF-R), was rezoned to two family ~24)o We must assume that the ordinance enacted rezoning the entire 7.2 acres to a two family (2•F) zoning district resulted from the stipulation in the minutes of the March 4th me6ting that there be 2 rows of duplexes on the south portion of the tract .a h,M V 11 OPININ NO. 364 October 18, 1984 Page Two requested to be rezoned MF-R. In effect, i%; appears that the Council intended to rezone the 7.2 a:re to two different zoning districts; to two-family district (2-F), (2 rows o2 duplexes on the south portion of the 7.2 acre tract), and the remainder to be rezoned as multi-family restricted district (M-R). Although the Council could not legally have rezoned the 7.2 tract to a zoning district for which no notice and public hear- ings had been held and although the ordinance may not have reflected what was approved by the Council as shown in the minutes of the March 4th meeting, neither defect invalidates the ordinance in question. :section 2(b) of Article 11`14a-12, Texas Revised Civil Statutes (Vernon Supp. 1984), effective June 19, 1983 provides, in part, as follows: (b) All governmental acts and proceedings of the munici- pality since adoption or attempted adoption of the charter are validated as of the date they occurred,.... In Leach v. City of North Richland Hills, 627 S.W.2d 854 (Ct. App. t. ort , no writ) the Court eld that any substantial defects in the adoption of rezoning ordinances which might render them invalid were cured by subsequent validating statutes. See also City of Kermitt v: Spruill, 328 S.W.2d 219 (Civ.App.-E1 Paso 1959, writ ret'd n.r.e. ; city of Hutchins V. Prasifka, 450 S.W-2d 829 (Tex. 1970). We conclude that any substantive defects that occurred in the proceedings that resulted in the adoption of Ordinance No. 80-21 were subsequently validated by Article 1174a-12, supra; that Ordinance No. 80-21 is valid as written; and that the 7.232 acres of land rezoned by Ordinance No. 80.21 is currently zoned two family (2-F) as stated therein. y 7 . MUKKL5 JDM~,~a Attachment xc: Chris Hartung Jeff Meyer 235 N0. Qo -:Ll TEXAS DI AS CS E WASNGADO THE TED ZONING ANA APPENDIX TO THE F CODE TOOF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-11 AND AS SAID MAP APPLIES TO THE BELOW LISTED PROPERTY AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. the That the day Zoning Map 1969E as City of Denton, January, of th an Appendix to Texas, the C dadopted Ordinances of the City of Denton, Texas, under provisions of ordinance No. 69-1, be, and the same is hereby amended as (v follows: 1. All the hereinafter described property is hereby removed from the Agricultural "A" District as shown on said Zoning Map, and all provisions of Ordinance No. 69-1, adopted Q the 14th day of January, 19690 as amended, shall hereafter Q apply to said property as General Retail "GR" District In the same manner as other property located in the General Retail "GR" District and more particularly described as follows; All that certain 13.636 acre tract, or parcel of land situated in the John McGowan Survey, Abstract No. 797, City and County of Denton, Texas; said tract being part of tract described in deed to J. Burns as recorded in 7olume 497, Page 107 and Volume 455, Page 647 of the Deed Records of Denton County, Texas; said tract being further described herein by motes and bounis as follows: BEGINNING for the northwest corner of the tract being described herein, at the northwest corner of said tract to .1. Burns as recorded In Volume 497, Page 107 of the Dded Records of Denton County, Texas; THENCE the following calls along the southwestern line of Interstate Highway No. SSE: south 530 15' east 446.1 feet; south 460 58' east 419.1 feet; south 460 48' east 377,0 feet to east line of McGowan Survey; THENCE southerly 150 feet, more or 19ss, to the northeast corner tract described in deed to F. C. McNeill as recorded in Volume 477, Page 604 of said Deed Records of Denton County, Texas; THENCE south 880 40' SO" west 969.5 feet to a point; THENCE north 20 08' 40" west 444.2 feet to the southeast corner of tract described in deed to Jc)-i Porter as recorded in Volume 538, Page 538 of the Deed Records of Denton County, Texas; THENCE north 00 09' west 580.3 feet to the place of beginning. 2. All the hereinafter described property is hereby removed from the Agricultural "A" District as shown on said Zoning Map, and all provisions of Ordinance No. 69-1 adoppted the 14th day of January, 1969, as amended, shall hereafter apply to said ^roperty as Two-Family 1124" District in the same manner as otG r property ioeated in the Two-Family "2-F" District and more particularly described as follows; Z-143S GEORGE HOPKINS - PAGE ONE d` '1 ry._X..y r T S~': r` Jt,. 1 ~l,..y •'I 5 J j' 236 All that certain 4.617 acre tract, or parcel of land situated in the John McGowan Survey, Abstract No. 797, City and County of Denton, Texas; said tract being further described herein by metes and bounds as follows: BEGINNING for the northeast corner of the tract being described herein, at the southeast corner of a tract described in deed to John Porter as recorded in Volume S38, Page 538 of the Deed Records of Denton County, Texas; mow THENCE south 20 08' 40" east 444.2 feet to a point in the south line of tract described in Volume 45S, Page 647 of said Deed Records of Denton County, Texas; THENCE south 110 23' 50" west 320.9 feet to a point; THENCE westerly 264.S9 feet with arc of curve to right whose radius is S90 feet, chord bearing north 780 28' 10" west 261.38 feet; THENCE northerly 371.40 feet with curve to left whose radius is 1614.16 feet, chord bearing north 60 23' 13" east 370.58 feet; THENCE north 00 12' 20" west 336.2 feet to a point in the south line of said tract shown by daed recorded in Volume S38, Page S38 of Deed Records of Denton County, Texas; THENCE north 890 39' 30" east 263.9 feet to the place of beginning. 3. All the hereinafter described property is hereby removed iron the Agricultural "A" District as shown on said Zoning , and all provisions of Ordinance No. 69.1 adopted the ,Map day of January, 1969, as amended, shall hereafter apply to said property as Two-Family "24" District in the same manner as other property located in the Two-Family "1-F" District and more particularly described as follows; All that certain 7.232 acre tract, or parcel of land situated in the John McGowan Survey, Abstract No. 797, City and County of Denton, Texan; said tract being part of tract described in deed recorded in Volume 477, Page 604 showing F. C. W Neilf as grantee; said tract being further described herein by metes and bounds as follows: BEGINNING for the southeast corner of the tract being described herein, at the southeast corner of said McNeill tract in the called east line of the said M;Govan Survey; THENCE south 880 40' SO" west 1043.2 feat slong c+;c south line to a point; THENCE north 110 13' 50" east 320.9 feet to a ,flint in the north line of said McNeill tract; I THENCE north 880 40' SO" east 965.5 feet to the northeast corner of said McNeill tract; THENCE south 10 S2' 10" east 313.1 feet to the place of beginning. 4. All the hereinafter described property is hereby removed from the Agricultural "A" District as shown on said Zoning Map, and all provisions of Ordinance No. 69-1 adopted the 14th day of January, 1969, as amended, shall hereafter apply to said property as Single Family "SF-10" District in the sane manner as other property located in the Single Family 115f-10" District and more particularly described as follows; 2-1435 GEORGE HOPXIYS - PAGE TWO . di y 237 All that certain 36.499 acre tract, or parcel of land situated of Dethe nton, John Texafi, saidrtractAbstract further 797, City ahereinnby notes and bound,i as follows: BEGINNING fog tie northeast corner of the tract being described herein, at the southeast corner of tract described in deed to F. C. McNeill as recorded in Volume 477, Page 604 of the Deed Records of Denton County, Texas; THENCE south 20 30' 30" east 1027.2 feet to the northeast corner of tract described in deed to Harold Harmon as recorded in Volume 467, Page 143 of the Deed Records of Denton County, Texas; THENCE south 880 40' 1S" west 1782.4 feet to a point; THENCE north 220 42, $0" east 800.3 feet to a point; N THENCE north 250 13, 20" east 3S.8 feet to the beginning of a O curve to the left whose radius is 1614.16 feet; THENCE northerly 344.92 feet with arc of said curve through a central angle of 110 14' 3S" to a point; chord bearing north d 190 051 S9" east 344.26 feet; Q THENCE southeasterly 264.59 feet with arc of curve to left whose radius is 590.0 feet, chord bearing south 780 28' 19" east 262.38 feet; THENCE north 880 40, 50" east 1043.2 feet to the place of beginning; removed from the Agricultural "All District asproperty showns on esaid Zoning Map, and all provisions of Ordinance No. 69-1 adopted the 14th day of January, 1969, a,, amended, shall ~--eafter apply to said property as Single Featly "SF-16" District in the same manner as other property located in the Single Family "SF-16" District and more particularly described as follows; All that certain 22.302 acre tract, or parcel of land situated in the john McGowan Survey, Abstract No. 797, City and County of Denton, Texas; said tract being further described herein by aetes and bounds as follows: BEGINNING at the southwest corner of Lot 220 Block 40 Southridge, in the northeast line of Southridge Drive; THENCE the following calls along said Block 4: north S10 50' 2 150 0" east 135.0 feet; north 380 58' 30" east 227.2 feet; north feet;4 north11890a 221 90.9 3021.9 feet north 270 7 the 161 5011 t of 313.1 12, Block 4, Southridge; THENCE south 10 08' 40" east 445.1 feet to a point for a corner; THENCE north 890 47' 40" east 386.1 feet to center of proposed Ridgeway Drtve; THENCE the following calls with said proposed Ridgeway Drive: south 00 12' 20" east 336.2 feet; southerly 716.32 feet with arc ofcurve to right whose radius is 1614.16 feet; south 2S0 13, 201, west 3S.8 feet to a point of curvalinear extension o aforementioned Southridga Drive; of , THENCE northwesterly 432.9 feet with are of curve to right whose radius is 765.43 feet through a central angle of 320 24' 20"; Z•143S GEORGE HOPKINS PAGE THREE 238 THENCE north 430 2S' west 486.7 feet to the beginning of a curve to the right whose radius is 514.43 feet; THENCE northwesterly 47.19 feet with arc of curve through a central angle of 50 IS, 2011; THENCE north 380 09, 40" west 345.2 feet to the place of beginning. SECTION ii. That the City Council of the City of Denton, Texas hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character 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 M. 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 fl// A. D. 1980. CITY OF DENTON, TEXAS ATTEST, ~f KS HOLT ITI SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY CITY OF'DENTON, TEXAS 7 7" 2.1435 GEORGE HOPKINS PAGE FOUR 1. City Council 373 March 4, 1980 Regrller Meeting of the City Council of the City of Denton, Texas, Tuesday, March 40 1980 at 7:00 p.m, in the Council Chamber of the Municipal Building. PRESENT: Mayor Nash, Mayor Pro Tem Stephens, Members Vela, Hensley and Stewart; City Manager Chris Hartung, City Attorney C. J. Taylor and City Secretary Brooks Holt. 1. Motion was made by Stewart, seconded by Hensley that the minutes of the Regular Meeting of February 19, 1980 and the Special Called Meeting of February- 26, 1980 be approved. Motion carried. 2• PUBLIC HEARINGS: of Mr. George A public hearing was held on Z-1435, the petition five zoning changes on ( a etract n approximately 94.2 Miller acres )in r sizesoutg of the J. McGowan Survey, Abstract No. 797, City and County of Denton, Texas; located south of the intersection of Loop 288 and Interstate 35E and east of the Southridge subdivision. The petitioner requests CO the following: (1) A change of zoning from Agricultural (A) to General W Retail (GR) classification on approximately 13.6 a acres. Q (2) A change of zoning from Agricultural (A) to Two Family (2-F) classification on an approximately 4.6 acre tract. (3) A change of zoning from Agricultural (A) to Multi Family Restricted (MF-R) classification on approx- imately 7.2 acres. (4) A change of zoning from Agricultural (A) to Single Family (SF-10) classification on approximately 36.5 acres. (5) A change of zoning from Agricultural (A) to Single Family (SF-16) classification on approximately 22.3 acres. The Mayor opened the public hearing. Four spoke in favor of the petition and ten in opposition. The following remarks were made by citizens: the entire street0isycoentry nnectedothroughrthe the proposed Ridgeway Street until Teasley. (2) Opposed because of traffic problems, (3) A beautiful residential section should be kept as such. (4) This case has been before the Council 4 times. The Ma,vor closed the hearing. City Planner John Lavretta briefed the Council stating that the Planning and Zoning Commission felt that the development proposal was compatible with the Comprehensive Plan and that the Single Family, Multi Family Restricted and Two Family zoning provide an adequate transition between the proposed retail use and existing development. The Planning and Zoning Commission recommended that the City Council approve zoning petition 2-1435, The vote was 4 to 1. The Planning Commission felt that the alignment of the proposed Ridgeway Drive 3 74 March 4, 1980 Continued was satisfactory and that it should be developed as proposed. The Henry S. Miller Company volunteered to deed restrict the retail portion of their development to prohibit the consumption of alcoholic beverages. Stewart--"A 190' strip should be agreed to for Ridgeway Rd. as it would become an artery for traffic from Teasley Lane to 1.3S." Stephens--"I always considered I-3SE as the line of demar- cation separating business and housing. Could we approve a portion of the zoning request?" Mod Hopkins answered that this would be unfair to the peti.tioner. Council Member Vela left the podium and walked to the micro- phone. He requested that the Council take it's usual break, and asked all interested persons to meet with the Council Members in the Civil Defense room to discuss the zoning issue at hand. The Council reconvened. Motion was made by Vela, seconded by Nash to approve the zoning request with the stipulation that the proposed Street, Ridgeway, not be opened until work is completed to Teasl^-y; that single family zones be dead restricted plus a ietter of intent to those uses; that two rows of duplexes be built on the south portion of the MF-R zone; that proposed Ridgeway Street be 60' in width and that alcoholic beverages could not be sold in the GR zoning. Motion carried. 3. The Council considered a status report on parking on the square. Assistant City Attorney Burt Solomons stated that he believes new ordinances would end years of non-enforcement of parking tickets. The new ordinance will make it easier to prosecute habitual violators. He added that the City could tow away a car, if the owner does not pay after three or more parking tickets. Two business men on the square, John Shrader and Bill Keith stated that the problem was failure of constant enforcement. 4. ORDINANCES3 The following Ordinances were presented: (A) ORDINANCE NO. 80-13 AN ORDINANCE AMENDING IN ITS ENTIRETY SECTION 24-131 OF CHAPTER 24, ARTICLE 1' OF THE CITY OF DENTON CODE OF ORDINANCEF, AS AMENDED, TO BE ENTITLED "IMPOUNDMENT OF VEHICLES" AND PROVIDInG FOR THE AUTHORITY TO REMOVE VEHICLES, TOWING AND STORAGE FEES, NOTICE OF REMOVAL, AND REDEMPTION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES OR PARTS THEREOF; PROVIDING FOR PENALTIES; AND DECLARING AN EFFECTIVE DATE. Motion was made by Stewart, seconded by Hensley that the Ordinance be passed. On roil call vote Vela "aye", Hensley "aye", Stewart "aye", Stephens "aye" and Nash "aye". Motion carried. (B) ORDINANCE NO. 80.14 AN ORDINANCE AMENDING SECTION 24-131.1 OF CHAPTER 24, ARTICLE V, OF THE CITY OF DENTON CODE OF ORDINANCES, AS AMENDED, ENTITLED "DISPOSITION OF IMPOUNDED PROPERTY" AND PROVIDING FOR AUTHORITY TO SELL, METHOD OF SALE, TIME AND PLACE OF SALE, RECORDS, LIEN 0.4 MOTOR VEHICLES, CLAIM BY OhVER PERMITTED, AND PURCHASE BY OFFICERS AND EMPLOYEES PRO- HIBITED; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES OR PARTS THEREOF; AND DECLARING AN EFFECTIVE DATE. Motion was made by Stewart, seconded by Nash that the Ordinance be passed. On roll call vote Vela "aye", Hensley "aye", Stewart "aye", Stephens "aye" and Nash "aye", Motion carried. ~ ~ ~ t a lam' t. 7 1, ~ City Council Minutes March S, 1985 The Council convened into the Work Session et 5:30 p.m. in the civil Defense Room to hold a joint meeting with the Parks and Recreation Board. COUNCIL PRESENT: Mayor Stewart; Mayor Pro Teo Chew; Council Members Alford, Hopkins, 4cAdams, and Riddlesperger City Manager, Acting City Attorney and City Secretary ABSENT: None PARKS BOARD PRESENT: 4emoers fravelie, kirchoff 1. The Council received a report on the Parks and Recreation Survey and Master Plan. Steve Brinkman, Director of F%rks and Recreation, introduced Susan Hudson from North Texas State University to present the report. Ms. Hudson reported that an accurate sampling of the community was the goal of the sample sire of the survey. A random sampling using the Cole Directory was used as the directory covered all streets and geographical locations of the city. Only those persons without telephones were not listed. Five hundred fifty names were selected from the directory and four hundred were included is the survey. A comparison of known population in the areas and the survey sample population did correspond. Demographic information was obt2ined to determine if the geographical locations also included other variables among the sample space, such as years in the city, etc. 4s. Hudson stated that the survey did reflect the entire community. Results of the survey showed that the parks most used by adults were North Lakes, the Civic Center and McKenna Park. These parks were considered to be more community rather than neighborhood facilities. Mack Park and Denia Recreation Center were primarily sports complexes. Also, adults tended to use the smaller parks less while children use them more. Those persons surveyed whose yearly income was between $20,000 and $30,000 used the parks the least of those questioned. Geographical location did not seem to be a factor in park usage. The number one facility mentioned as needed as additional facilities in the parks was another municipal swimming pool. In general, the survey showed a very high attitude towards the city parks. Those persons who have lived in Denton for 16 or more years were inclined to disagree with the purchase of mire land for parks. Regarding recreation centers, only 50% of the adult sample space responded that they used the centers. This could be misleading due to the fact that this was a very small sample space and many people to use the centers. Respondents indicated that the most frequently used method of learning about the activities offered in Denton was through the newspaper. Attitude statements were highly favorable and there was agreement that the fees assessed were reasonable. Those residents who have lived in 9enton S years or less ter;ded to be non-users of the recreation centers. This could be due to lack of information regarding activities available. Regarding the swimming pools, while 921 of those responded were aware of the public swimming pools in town only iSl used the Civic Center pool. The use of the pool depended on geographical location and the availability of private pools. Respondents to the survey were asked +o rank the four possible directions the Denton Parks and Recreation Department would take over the next ten years with the following results: 1. to maintain and betutify current parks 1. to expand recreational programs/activities 3. to acquire and develop additional park land 4. to construct recreation facilities City of Denton City council Minutes Meeting of March S, 1985 Page Two One reason for the first choice could be that maintaining existing facilities and expanding programs was less costly. The survey next asked for a ranking of various facility development proposals with the following results: 1. construction of a centrally located community center with an indoor pool, teen center and fitness center 2. expansion of the Senior Center 3. construction of swimming pools for the north and south areas of town when the population in the areas warranted 4. construction of a gym located at an elementary school in the northeast section of town S. expandinn of the Tennis Center at North Lakes o. construction of a gym located at an elementary school in the southeast section of town when the population warranted There was a conflict regarding the issue of acquisition of new park land and the development of existing park land with 54.41 chosing to acquire new land and 30.81 chosing to development the existing parks. Regarding programs, the first choice was for a year-round swimming program for the handicapped as well as development of senior citizen programs at locations in addition to tna Senior Center. In response to questions regarding beautification proposals, the first choice was to improve and beautify the median on University Drive and second choice was for landscaping and beautification of those highly visible public areas in Denton. A profile had been drawn of those who would either support or not support a bond issue to expand and improve current parks and facilities. Most non-supporters indicated wanted to maintain and beautify fire; and then expand programs. The major difference between supporters and non-supporters was that non-supporters were also non-users of parks and recreation centers. The conclusions which had been drawn from the survey were as follows: 1. there is widespread support of the parks and recreation programs 2. parks were used more often than the recreation centers 3. the parks most frequently used by the citizens were McKenna, North Lakes and the Civic Center 4. the majority of those surveyed did not use the recreation centers S. the newspaper was the most effective method of publicity used by the Parks and Recreation Department 6. only 2S1 of the citizens use the Civic Center pool 1. citizens want to take care of what they have before embarking on a capital expansion program for additional facilities and parks 8. if additional development does take place, the highest preference would be for contstruction of a centrally located Community Center with an indoor pool, teen center and fitness center 2. The Council held a discussion of a mandatory dedication ordinance. Steve Brinkman, Director of Parks and Recreation, reported thAt staff had met with Denton Independent School District representatives regarding a cooperative agreement with reference to park sites. Staff was trying to enhance an already good cooperative arrangement witii the school district and the DISO had looked very favorable on the proposal. The survey which had been presented was to determine which portions of the Parks master plan had the support of the citizens. ruture neighborhood park sites had been a priority . l•. ~3: u. 1. t `p'hi q q Yi,' City of Denton City Council Minutes Meetin of March 5, 1985 Page Three in the survey. With the growth Denton was experiencing, these park sites were becoming more and pore difficult to obtain. One method • for obtaining suitable neighborhood park land was through mandatory dedication. The Parks and Recreation Board was interested in this method and would like to give a report on their philosophy. Gary Kirchoff, Parks Board, stated that mandatory dedication had been rules as unconstitutional as it was felt that it was the taking of property without recompense. The only avenues available to obtain park land was as a gift from an individual for the city to purchase the land, or by mandatory dedication. TAe feeling of the board was that as developers came into the city to build neighborhoods, they should plan for park sites in the development. The city needed to have parks and needed to have the land committed for this use through mandatory dedication. Council Member Hopkins asked if there would be a time limit set for the development of the parks. Kirchoff responded that after 3 ears, if undeveloped as a park, the city would either return the land or pay for it. Council Member Hopkins stated that he would not like to see the city take the best portion of development land for a park site. This concluded the joint meeting with the Parks and Recreation Board. The Council then convened into the work session at 6:00 p.m. COUNCIL PRESENT: Mayor Stewart; Mayor Pro Teo Chew; Council Members Alford, Hopkins, McAdams, and Riddlesperger City Manager, Acting City Attorney and City Secretary ABSENT: None 1. The Council held a discussion of the City of Denton Council strategic plan. Betty AcKean, Assistant City Manager, stated that this discussion was to walk through the plan and to get feedback from the Council. McKean asked if staff needed to do further work on the Mission Statement as this represented the philosophy of the City of Denton. This statement would be distributed down to all types of people. All of the goals for the city should fit into the Mission Statement. Nciean then asked the Council if the data was complete or if more information was required. Council Member Riddlesperger stated that 1985 estimates could be added to some of the categories. Council Member AcAdams asked if the Council could have up-to-date informaticn on revenue sharing. City Manager Chris ilartung stated that the city had potentially a very important document. This would be an extremely useful tool in maintaining continuity for the staff and future Councils. 1. The Council adjourned into the Executive Session to discuss legal matters, real estate, personnel, and board appointments. No official action was taken. The Council then convened into the Regular Meeting at 7:00 p.m in the Council Chambers. RES IL COUN~ .iT: Mayor Steuart; r Pro Teo Chew; Council Members PRES:: Alford, Hopkins, ~t. !ams, and Riddlesperger City Manager, Acting City Attorney and City Secretary ABSENT: None Y n4 l t " 777 '.ity of Denton City Council Minutes ,deeti - .g of hi:rch 5, 1985 ceeY Four 1. The Council considered aproval of the Minutes of the Regular Meeting of February 5, 1985 and the Special Called Meeting of February 12, 1985. Riddlesperger motion, McAdams second to approve the Minutes as presented. Motion carried unanimously. The Mayor then read a ptclamation for National Professional Social Mork Month for March of 1985. The proclamation »as accepted by Ms. Judy Watkins. 1, consent Agenda Staff asked that item 2.A.6 be removed from the Consent Agenda. Hopkins motion, Alford second to approve the Consent Agenda with the exception of item 2.A.6. Motion carried unanimously. Consent Agenda: A. Bids and Purchase Orders: 1. Bid 1 9403 - Herbicides/insecticides 2. Bid 1 9404 - Animal Control unit 3. Bid 1 9407 - Remote terminal unit 4. Bid 1 9408 - Air compressor S. Bid f 9479 - Roof for now addition to the Municipal Building REMOVED BY SfAFF 6. Bid 1 9400 - Property to value City fixed assets 7. Purchase order 1 66588 to Crane Packing Company in the amount of $3,226.40 8. Purchase order 1 66959 to Interstate Equipment Rental in the amount of $3,260.27 9. Purchase Order 1 67002 to Heil Company in the amount of $3,244.71 10. Purchase Order 1 67080 to Boyd Excavation in the amount of $7,020.00 11. Purchase Order / 67203 to Jagoe Public Construction Company in the amount of 527,375.00 B. Plats and Raplats: 1. Approval of preliminary plat of the Fletcher's State Fair Corny Dog Addition. (The Planning and Zoning Commission recommends approval-) 2. Approval of preliminary plat of the Infinity Strata ,Addition. (The Planning and Zoning Commission recommends approval.) 3. Approval of preliminary plat of :he .lock Park Addition, Block 1, Lot 1. (The PlanninP and Zoning Commission recommends approval.) 4. Approval of final replat of the Owsley Park Addition, Block 11, Lot 12A. (The Planning and Zoning Commission recommends approval.) City of Denton City Council Minutes Meeting of larch 5, 1985 Page Five 5. A royal of final replat of the Thompson • Addition, Phase I, lot 1. (The Planning and Zoning Commission recommends approval.) 6. ApDproval of preliminary plat of Sunburst, Phase II. (The Planning and Zoning Commission recommends approval.) 3. Public Hearings A. The Council held a public hearing in the petition of Brian Kruger requesting a rnange in toning from the multi-family (MF-1) classification to the F18naed development (PD) classification for office use at 614 West hickory Stteet. The property was more particularly described as lot 3 of the McKennon Addition. Z-1701 The Aayor opened the public hearing. Mr. Brian Kruger, the petitioner, spoke in favor stating that the proposed planned development was located at 614 West Hickory. A complete historic renovation would be accomplished and he would then apply for historic landmark designation for the structure. A wood fence on the north property line would screen the parking lot from the adjoining property. Mr. Kruger then presented a plat of the area., Surrounding toning was multi-family with older homes presently located on the lots. He stated that it felt this petition would be helpful to the Hickory/Oak Street corridor as renovation of the structure as a home would not be feasible. Council Member Riddlesperger asked what was located on lot 8. Mr. Kruger responded that this was a planned development with an attorney's office on the lot. Council Member Riddlesperger stated that lot 6 was the location of , bakery. Mr. Kruger stated that lot 10 .as a multi-unit apartment omplex. He further stated that renovation was one way to pre,erve the history of the neighborhoud. The remodeled structur, would not evoke an office building feeling. There would be no etached signs in the yard and the parking lot would be screened The home would be restored to its original character. Ms. Barbara Russell, realtor, spoke in fave. stating that she had worked with Mr. Kruger ci, previous o:casi,ns and that he had the best intentions for this development -:AJ did quality work. The renovation would be an asset to the r.:ghborhood which was an area in transition. ,dike Cockran, resident of bioe., 328, spoke in opposition stating that he owned lot 1 as shows on the plat. This was an older home which had been used as P fiveplex. When he had moved into the neighborhood five years go, he had checked the toning and found it all to be multi-fami't. He had his property rezoned to singgle family and now had a designation as an historical landmark. Fiis objection was to danging the rules in the middle of the game. The multi-family te.ing was at least protection that people would live in the neighborhood as opposed to office use. Mr. Cockran stated that he jeiieved the remainder of the block should stay multi-fa•.,ly. The house in this particular toning case had been a reside..e until recently. Mr. Kruger had stated at the Planning and Zon',g Commission meeting that he loved this neighborhood but if he c,dld not get the office toning for the property, he would remove the house and build apartments or condominiums. This was an oddly shaped lot which required a variance to allow for a parking lot. The lot had the correct square footage to be toned multi-family but it did not have the correct configuration. Mr. Cockran stated that he felt it was asking too much of the City to bend the rules and to ,r i r!r ~o . .y_ G z ur. r,,. r .,,r ~ , r r•,r m- r.Tx i City if Denton City Council Minutes M.eag,ce i S ing x of March 5, 1485 lessen the requirements so as to allow Mr. Kruger the maximum return on his investment. Mr. Cockran then presented an overhead projection of the plat and spoke to the issue of the parking lot. There would not be adequate room for automobiles to back out and the lot backed up to other residences with a joint driveway. There was also a concern regarding what type of office use would only require 4 parking spaces. There was a potential future problem with an office in the building being used by a business which generated high traffic. Mr. Cockran concluded by stating that he was asking for the Council's protection. Council Member McAdams stated that the roperty as well as the adjoining lot were currently zoned multi-family. It would be easy to purchase both lots and develop as multi-family use. She asked Mr. Cockran if he had considered this future risk and if he was willing to gamble that the property would not be developed as all multi-family. Mr. Cockran responded that he was willing to gamble. Council Memoer Aiddlesperger asked air. Cockran which lots he owned. Mr. Cockran responded that his home was on lot 3 and lie also owned lot 2. Council Member Hopkins asked was was on lot 4. Mr. Cockran responded that a small apartment complex was on lot 4. Council Member Hopkins asked if Mr. Cockran did not feel that planned development toning was more restrictive. Mr. Cockran replied yes but he did not want this area to turn Into a strip of office uses. As. Paula Carpenter, resident of block 329-lot 2, spoke in opposition stating that she was concerned about the precedent which would be set if this petition was granted. The only people who decided if an area was in transition was the Planning and Zoning Commission and the City Council. This area had been residential for 100 years and the current residents liked it. She had a substantial investment in her home and had taken a chance when she moved into this neignborhood. If the zoning were granted, she would prefer the facade of the house in the petition be restored. Council Member McAdams asked Ms. Carpenter if she understood that the current zoning was multi-family and if the petitioner wanted to develop apartments, the City Council would have no control over that. Ms. Carpenter responded yes; she would prefer the multi-family zoning and have the house restored as a residence. Mark Smith distributed maps and spoke in opposition staring that several of the neighbors attended the Planning and Zoning Commission public nearing for this petition. The map which he distributed had the proposed historical district locations indicated as well as those homes which currently held the historic landmark designation. Alsc shown were the lots which were zoned for multi-family uses. The fabric of the neighborhood was overwhelmingly residential. Mr. Smith stated that he felt it would be viable and cost effective to renovate the house and use as rental property. On Hickory Street, houses rented for $350 to $725 per month. There wus a nice mix in the neighborhood and the residents did not want the property to devaluate. He believed the approval of this zoning request would set a dangerous precedent. Mr. Fairchild, 625 West Hickoispoke in opposition stating that he was interested in the historical value of the neighborhood and felt that renovation of this structure for rental purposes was feasible. 7777777-77 C City of Denton City Council Minutes Meeting of March 5, 1985 Page Seven The Mayor closed the public hearing. The Aayor allowed Mr. Kruger to speak in rebuttal. Mr. Kruger restated that he loved this neighborhood. There had been talk of encroachment of commercial and office uses; however, the structure would appear as residential from the street and the exterior of the house would not be changed. It did not seem cost effective to him to pay $60,000 for the structure and an additional $30,000 for remodeling and then to rent the house. Denise Spivey, Development Review Planner, reported that the office use had been approved by the Planning and Zoning Commission with the provision that the original front of the house be restored. Relating to parking, 4 spaces were required - 1 for every 300 feet of floor area in the office. The PAZ had granted a variance. The PAZ recommended approval with conditions. Sixteen reply forms had been mailed with two returned in opposition and one in favor. Mayor Stewart asked if a majority vote was required to approve. Spivey responded yes. Council Member McAdams stated that it was pleasant to hear of the plan to renovate and rent the house as it would not be so such of a gamble for the residents. However, given that the current toning was for aulti-family, she believed that she would prefer the planned development as proposed. The current residents had the greatest amount at stake, McAdams motion, Alford second to deny. Council Member Stephens stated that the Den,,)n Development Guide was in opposition to the invasion of older, existing neighborhoods. He would Wrsonally like to see the structure look and be used as a residence. Council Member Riddlesperger complimented those appearing in opposition for their efforts to defend this area. Council Member Hopkins sated that he did not believe the property should have been designated as multi-family in the first place; however, a small office in the structure would be preierrable to multi-family. Council Member Stephens stated that he was concerned about the proposed parking space for the nfflce use and felt the area was too narrow. Motion to deny carrisd unanimolsly. B. The Council held a public hearing on the petition of Charles Watkins, representing Denton-Tedi, inc., requesting a change in the current toning classification from residential single family (SF-11) to residential single family (SF-10) on a tract of 6.714 acres situated in the F. Batson Survey, Abstract 143, Denton County. The said trat is part of a 44.10 acre tract being developed as Westgate Heights located east and adjacent to Greenway Club Estates. Z-1726 the Mayor opened the public hearing. Charlie Watkins, representing Denton-Tedi, Inc., spoke in favor stated that the intent was t d to evelop as single family residential use, The petition was requesting to down grade from SF-7 to SF-10 as it was felt there was a market for this classification. This would add 20 SF•IO lots and offer a buffer area. City of Denton City Council Minutes Meeting of March 6, 1985 Page Eight Council Member Riddlesperger asked if there would be a connection between freenway and Payne Drive. Watkins responded yes. I No one spoke in opposition. The Mayor closed the public hearing. Harry Persaud, Development Review Planner, reported that this was a case of a change to a more restrictive toning. The Planning and Zoning Commission had unanimously approved the petition. Stephens motion, Hopkins second to approve the petition. Motion carried unanimously. d. Ordinances A. The Council considered 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 prcviding for an effective date. The following ordinance wd,. presented: NO. 85.45 Consider adoptt:u of an ordinance accepting co■ m~e itive bids and providing for the award of contracts Eor the purchase of materials, equipment, supplies or services; providing for the exppeenditure of funds therefore; and providing for an effective date. Chew motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and :Mayor Stewart "aye." Motion carried unanimously. 8. The Council considered adoption of an ordinance accepting competitive vids 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. This ordinance was removed from the agenda by staff. C. The Council considered adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, :quipment, supplies or services in accordance with the provisions of state law exempting such purchases f•om requirements of competitive bids; and providing for an effective date. The following ordinance was presented: NO. BS-/7 Consider adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance with the provisions of state law exempting such purchases from requi ements of competitive bids; and providing for an effective date. Hopkins motion, Stephens second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "ayeRiddlesperger "aye," Chow "aye," and Mayor Stewart "aye." Motion carried unanimously. i i N City of Denton City Council Minutes .Netting of March S, 1985 Page Nine D. The Council considered adoption of an ordinance providin for the eradication of established wild bird roosts which are inha%ited by protected species of migratory birds by means of habitat modification. Harlan Jefferson, Administrative Assistant, reported that the object of the habitat modification was to eliminate the nuisance caused by the bird roosts. Staff's concern was the timing of the modification procedures. If the ordinance was approved, it would not go into effect for 14 days and there was also a 10 day notification period. Staff was requesting permission to use ilterim harrassment techniques to prevent the establishment of the roost until the ordinance could be enforced. Council Member Stephens asked if the birds would be back before ;larch 29th. Jefferson responded the birds traditionally had returned in late March or early April. The following ordinance was presented: NO, 85-18 AN ORDINANCE AdEND1NG CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, B f REPEALING AND REENACTING ARTICLE VI THEREOF DECLARING THE ROOSTS OF PROTECTED MIGRATORY BIRDS A PUBLIC NUISANCE WITH CERTAIN EXCEPTIONS; PROVIDING FOR IDENTIFICATION OF SUCH BIRD ROOSTS WITH PROCEDURES FOR ABATEMENT AND APPEAL; ADDING A NEW ARTICLE VII TO BE RESERVED FOR FUTURE USE; ADDING A NEW ARTICLE VIII TO PROVIDE FOR A PENALTY; AND LECLARING AN EFFECTIVE DATE. Chew motion, Stephens second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "Aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. E. The Council considered adoption of an ordinance repealing the existing Article 17 and other provisions reiating to signs and reenacting a new Article 11 of Appendix B•Loning the Code of Ordinances of the City of Denton, Texas to provide for '.he regulating of signs and the permitting thereof; providing for a penalty not to exceed two hundi-d dollars 15200.00) for violations thereof; providing for a severabiiity clause; repealing all ordinances in conflict thereof; and providing for an effective date. Council Member Stephens stated that the Council had requested a list of the signs wnicn would be affected by the 10 year limit. Cnarlie Watkins, consultant, stated that he believed he had verbally given the listing of those signs. A discussion had been held on the major signs on all major arterial streets. Council Aember Hopkins stated that he would want to look at this list of the signs and go look at the signs themselves. Council Member Riddlesperger stated that the Council gas award of the effect of the proposed ordinance and it had been discussed in great length at several meetings. Stephens motion, Hopkins second to table the ordinance until a list of the effected signs was priivided and a tour set up to look at the $igQns. Motion carried + to 3 with Council Members McAdams, Riddlesperger and Mayor Stewart casting the "nay" votes. Council Member McAdams stated that specific .tirection needed to be given to the consultant regarding what the Council wanted. e • City of Denton City Council Minutes Meeting of March S, 1f8S Page 'fen Council Member Hopkins stated that he wanted a list of the signs which would be effected by the 10 year amortization, who this would effect and how and wanted to look at the signs. F. The Council considered adoption of an ordinance setting the date, time and place for public hearings regarding the petition of the City of Denton for annexation of approximately 136.58 acres beginning approximately 500 feet cast of the centerline of U. S. Highway 377 and south of Brush Creek Road. A`11 David Ellison, Senior Planner, reported that staff was recommending the public hearings be held on March 19 and April 2. Council Member Stephens stated that he has leased pasture for livestock grazing on this property since 1979 and had no financial interest in the property. The following ordinance was presented: NO. 8S-49 AN ORDINANCE SEffING A DATE, TLME AND PLACE ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF DENTON, TEXAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARING. Hopkins motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye":' Hopkins "are," Stephens "aye,+e ieaye,n , Riddlesperger "aye, Chew "aye,' and Mayor Stewart "a Aye. or " Motion carried unanimously. G. The Council considered adoption of an ordinance setting the date, time and place for public nearings regarding the petition of the City of Denton for annexation of approximately 93.67 acres beginning 3SO 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 The following ordinance was presented: NO. 85-SO AN ORDINANCE SETTING A DATE, TIME AND PLACE ON THE PROPOSED ANNEX'tTION OF CERTAIN PROPERTY BY THE CITY OF DENTON, TEXAS, ANU AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARING. Stephens motion, Hopkins second to adopt the ordinance. On roll call vote McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. H. fhe Council considered adoption of an ordinance setting a date, time and place for public hearing3 regarding the petition of R, 0, ;AcDonneil for annexation of approximately 34,60 acres of land situated in the A. Forrest Survey, Abstract No, 4170 and beginning approximately 2SO feet south of and perpendicular to the centerline of IM 426 and approximately 2,000 feet east of Mayhlll Road. A14 David Ellison, Senior Planner, reported that this was a voluntary annexation and a petition to change the zoning to multi-family had been received. The petition had been modified to down grade the commercial portion to general retail and had been readvertised. Public hearings would be held on March 19 and April 2. The following ordinance was presented: us' S . . i:P.. n Va 1Ir i0.,; • . _ rF Nq n1 4` a P City of Denton City Council Minutes Meeting of March S, 148S Pals Eleven NO. 8S-Sl AN ORDINANCE SETTING A DATE, TLME AND PLACE ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF DENTON, TEXAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARING. McAdams wotion, Stephens second to adopt the ordinance. On roll call vote, McAdams "Rye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. 1. The Council considered adoption of an ordinance setting the date, time and place for public hearings regarding the petition of the City of Denton for annexation of approximately 42.3S acres of land being part of the S. Huirar Survey, Abstract No. S14, beginning approximately $00 feet north of and perpendicular to the centerline of U. S. Highway 380 and west of March Branch Road. A-1S David Ellison, Senior Planner, reported that this was an involuntary annexation of the remainder of the Tri-Steel, Inc. property. While involuntary, Tri-Steel had no objections to the annexation. Council Member Stephens asked if this would count against the City's allotment for annexation because it was involuntary, Ellison replied that this was not a significant amount of acreag-. Thi following ordinance was presented: NO. 85-SZ AN ORDINANCE SETTING A DATE, TIME AND PLACE Or. THE iROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF UENTON, TEXAS, AND AUTHORIZING AND DIRECTING THE 4ATLP T( PUBLISH NOTICE OF SUCH PUBLIC HEARING. Hopkins motion, McAdams second to adopt the ordinance, 0- r,)ll call vote, McAdams "aye," Hopkins "aye," Stefaens "aye," Al:ord "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." motion carried unanimously. J. The Council considered adoption of an ordinance setting the date, time and place for public hearings regat :ng the petition of Hammett A Nash, Inc. and the City of Denton for annexation of approximately ISO acres of land located west of Mayhill Road approxiately 4,000 feet north of I-3S and beginning at the northeast corner of the D. Hough Surrey, Abstract No. 646. A-17 David Ellison, Senior Planner, reported that this w-s a joint voluntary annexation. Upon completion of the final action, the .ity would have incorporated all of the areas on the west side of Mayhill Road. Currently there was 1 house and 2 persons in the annexation area and there was no opposition to the proceedings. The following ordinance was presented: NO. 8S-53 AN ORDINANCE Sh TING A DATE, 'TIME AND PLACE ON THE PROPViD ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF DEN,jN TEXAS AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NUTICh Of SUCH PUBLIC HEARING. Riddlesperger motion, Stephens second Ito adopt the ordinance, On roll callI vote, McAdams aye, Hopkins aye, Stephens aye,' Alford "aye," Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. ~ ni,. I.. . 1• a rv.r • S. ~ ..i r • i. • Y. L.i. ~ ♦ T %1 City of Uenton City Council rAinutes Meeting of March 5, 1985 Page Twelve K. The Council considered adoption of an ordinance setting the date, time and place for public hearings regarding 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. A13 David Ellison, Senior Planner, reported that this was a voluntary annexation. No developments or population would be affected. Staff had received a t.ntative request for a zoning change. Public hearings would be herd on March 19 and April 2. the following ordinance was presented: NO. 85-54 AN ORDINANCE SE'e ING A DATE, TL4E AND PLACE ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF DENTON, CEXAS, AND AUTHORIZING AND DIRECTING ThE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARING. McAdams motion, Chew second to adopt the ordinance. On roil call vote, McAdams "aye," Hopkins "a~e," Stephens "aye," Alford "aye," Ridilesperger "aye," Chew "aye,' and Mayor Stewart "aye." Motion carried unanimously. 5. Tie Council considered reaovint petition Z-1675 from the table. Council Member Stephens stated that he had some questions regarding the request and asked if it could be discussed prior to removal from the table. Mayor Stewart replied that a discussion of the petition could not be held until it was removed fron the table. McAdams notion, Riddlesperger second to remove Z-1675 from the table. Motion to remove from the table failed a to 3 with Council Members Hopkins, Stephens, Alford and Mayor Pro Tem Chew casting the "nay" votes. b. The Council was to consider the petition of Christopher Bancroft requesting a change in toning from the agricultural (A) classification to the planned development (PD) classification on a 19.39 acre tract located on the south side of Parvin Road approximately 1,500 feet east of Bonnie Brae kood. If approved, the planned d*.velopment would permit 71 lots for single family detached use (minimum lot size 7,000 square feet) and s two acre tract reserved for a private school. Z-1675 This item was not removed from the table. 7. The Council considered approval of disposition of public property described as lots 9 and 10, Headowbrook Subdivision, (north of Windsor Drive and west of Sherman Drive.) D-39 Harry Persaud, Development Review Planner, reported that this property was deeded to -.he city for an easement and was no longer required. AcAdams motion, Hopkins second to approve the disposition. Motion carried unanimously. 8. The Council :onsidered approval of disposition of approximately 17 acres of public property located in the M, Austin Survey, Abstract 40 (north of Spencer Road and east of Woodrow Lane.) D-40 Harry Persaud, Development Review Planner, reported that this location was east of Woodrow Lane and west of the water treatment City of Denton City Council Minutes Meeting of March 198S Page Thirteen punt. If developed, it would enable the area to receive • transportation lanes and public streets. Hopkins motion, McAdams second to approve the disposition. Motion carried unanimously. 9. There was no official action on Executive Session items of legal matters, real estate, personnel or board appointments. 10. No items of New Business were suggested by Council Members for future agendas. The Council reconvened into the Executive Session to discuss legal matters, real estate, personnel or board appointments. The Council reconvened into open session. The following official action was taken on Executive Session board appointments. Chew motion, Kiddlesperger second to nominate Charles Hopkins to replace Jack Barton on the Denton County H)using Finance Corporation board. Motion carried unanimously. With no further items of business, the meeting was adjourned. CFMLOr[E ALLEN, CITY 9EMETM 1688C City Council Minutes March 190 1989 The Council was to take a tour of the new landfill site at 400 p.m. The Council convened into the Work Session at 530 p.m. in the Civil Defense Room. PRESENTi Mayor Pro Tom Chew# Council Members Alford, Hopkins, McAdams, and Riddlesperger City Manager, City Attorney and City Secretary ABSENTi Mayor Stewart was attending a United States Conference of Mayors meeting 1. The Council held a discussion of mass transit planning. Jeff Meyer, Director of Planning and Community Dev-~:opment, reported that staff was trying to monitor mass transit problems in the city as they related to other area cities. It did not appear that the people who wanted mass transit were willing to pay the price. Mass transit via Handi-Hop and SPAN was already available for the elderly and the handicapped. From a planning viewpoint, when the population of Denton reached 100,000, the city would have to devise some method of mass transit as building more streets was not the answer. Coopk,~ative agreements could be worked out. Coals for this project would be identified at the planning retreat. At the present, staff was maintaining the systems for the elderly and handicapped and monitoring other systems. In connection with transportation, Denton was experiencing a problem with air pollution which was generated by Dallas and Fort Worth. City Manager Chris Harcung reported that it had been stated that when the ozone level incresed in 1 area in increased in all areas. Meyer responded that a task force had look at this issue. The Environmental Protection Agency was looking at all means available to control emissions. The state agencies were suggesting carpooling and mororail systems. Council Member Hopkins stated that the reason he had asked for this report was that it had beer stated ir, s•everal recent zoning cases that small areas were becoming "grid locked" and he wished to bring this to the attention of the other Council Members. The city must begin to plan on where future bus routes would be placed. An article in the paper had stated that Denton was not doing anything regarding this type of planning. Also, the city should be sure that traffic signals were being used to move instead of impede the flow of traffic. Council Member Riddlesperger stated that he was concerned by the failure of the County to coordinate a County-wide transportation plan. Assistant City Manager Rick Svehla responded that the County was moving forward on that project and a consultant had been retained. The possibiity of a brielge crossing Hickory Creek hid been approved by the Commissioners Court and the consultant would be considering this. Meyer stated that a linkage needed to be kept open from Denton to Dallas Fort Worth airport. At the present time, Lewisville was expanding in a helter skelter fashion. Council Member McAdams asked what the transportation committee at the County was trying to accomplish. Svehla responder; the committee was trying to coordinate all current transportation plane for area cities and the North Central Texas Council of Governments. Council Member Stephen+s asked if mass transit would be the thoroughfares for Dentor. r is r ~ c. City of Denton City Council Minutes Meeting of March 19, 1985 Page Two Meyer responded that mass transit would not serve the cities. Although everyone liked the concept, the system would not.pay its own way. Council Member Stephens stated that this problems should be a consideration in zoning cases. The thoroughfare map should be updated and brought back to the Council with'n the next 2 months. Meyer reported that pass transit was by and large fc: working poopie and as such must have 4 zommon point of origin and common destination, such as the work place. In conjunction with future development, the Denton Development Guida should be upgraded to include planning for mass transit. 2. The Council considered proposed changes in the Feder.l buf,get and proposed regulations affecting municipal bonds. City Manager Chris Hartung repo:t.r that he was seeking a cc,senaus of the Council prior to the National League of Cities conference in Washington, D.C. Regarding the Federal budget, the City of Denton did not have many grants ether than Revenue Sharing e.d Community Development Block Grant funds. Council Member McAdams stated that Mayor Bolain ee Fort Worth had issued a very strong statement regarding the r,juctton of Revenue Sharing and CDBO funds. Hartung stated that these reductions in F,nding would necessitate Vie raising of local taxes. Council Member McAdams stated that th, budget cuts would not raise the Federal taxes but would increase taxes it the local level. Most felt that the city could not afford to do without the programs funded by these monies but could iot afford to raise taxes either. Council Member Riddlesperger stated that the Council should direct the City Manager to fight to retain the Federal funds as the city would either have to forrjo the services or raise taxes. Jeff Meyer, Director-if Planning and Community Development, reported that the beat the r.ties could expect was to freeze future cuts. City Manager H.ctung state,* that the issue of the tax exempt status of municipal oonds was very serious. The current proposal was to remove the cax exempt status from all bonds. If a city benefitted more the. 11 from the product of bonds, they were taxable. The concer• was that due to the attention given to the Federal budget cuts this issue would be ignored. If approved, this would deeply aVect the entire state of Texas. Hartung concluded by stating that '.ie City of Denton should place this issue on the table at the Texas Caucus at the National League of Cities conference. 3. The Council received a report on cost estimates for sidewalks. Assistant City Manager Rick Svehla reported that there were many sidewalk problems in Denton and significant amounts of money could be spent on sidowalks. Council Member Stephens had asked for a report on costs for sidewalks in the Eagle/Highland/Bernard area. On the north side of Highland, approximately 90 feet of 4 feet walk would have to be replaced and an additional 45 feet of walk would have to be built to reach Bernard Street. Approximately 100 feet of new or replacement sidewalk would need to be constructed on the south side. The coat of walks on the south side of Bernard would be approximately $1,000 and the north side would be approximately $1215. The sidewalk along Carroll Boulevard between Highland and Eagle would Fe approximately 1000 foot at a cost If $9,000. In addition to the Sidewalk situation on Eagle which Council Member dtophons had brought to staff's attention, Evers school was asking r1 I 1 City of Denton City Council Minutes Meeting of March 19, 1985 Page Three for sidewalks at Windsor and the traffic signal which would also be approximately 1000 feet. Council Member Stephens stated that this was a safety factor and should be examined closely during the budget hearings. The Council then convened into the Executive Session to discuss legal matters. real estate, personnel, and board appointments. No official action was taken. The Council then convened into the Regular Meeting at 7100 p.m. in the Council Chambers. 1. The Council considered approval of the Minutes of the Regular Meeting of February 19, 1985 and the Special Caliee Meeting of February 26, 1985. PRESENTi Mayor Pro Tem Chewr Council Members Alford, Hopkins, McAdams, and Riddiesperger City Manager, City Attorney and City Secretary ABSENTt Mayor Stewart was attending a United States Conference if Mayors meeting 1. The Council considered approval of the Minutes of the Regular Meeting of February 19, 1985 and the Special Called Meeting of February 26, 1985. Stephens motion, Hopkins second to approve the Minutes as presented. Motion carried unanimously. Mayor Pro Tem Chew presented a proclamation for Billy Ryan Day on March 23, 1985 which was read by Council Member Hopkins. The proclamation was accepted by Mr. Otis Mitchell and 2. Consent Agenda Council Member Stephens asked that items 2.A.3, 2.A.8 and 2.C be removed from the Consent Agenda. Hopkins motion, Stephens second to approve tae Consent Agenda with the exceptions of items 2.A.3, 2.A.8 and 2.C. Motion carried unanimously. Council Member Stephens stated regarding aid # 9411 for Police dictation system that was a problem with a cosy. difference between the bid sheet and the cover mero on item 2.A.3 and asked if it were eimply an error in addition. John Marshall, Purchasing Agent, reported that the the $23,000 was the purchase prcce while the $40,000 included a maintenance agreement. The specifications had called for new equipment. Several thinga were taken into consideration in evaluating the total cost of the equipment. The back-up included the bid as presented. It was found that a lower interest rate could be obtained through lease/purchase. Stephens motion, McAdams second to approve item 2.A.3. Motion carried unanimously. Council Member Stephens asked regarding Bid # 9420 fir the purchase of golf equipment and supplies why th"t i+a-, needed. City Manager Lhris Hartung reported that the Parka and Recreation was establishing a driving range and this w.As needed equipment, Riddiesperger motion, McAdams second to approve item 2.A,8. Notion carried unanimously. City of Denton City Council Minutes Meeting of Maroh 19, 1985 Page Four Council Member Stephens stated that on Bid 1 9417 regarding the sale of City property, no square footage was specified and there was no cap of the area in the back-up material. Stephens cation, Hopkins second to table item 2.C. Motion carried unanimously, 2, Consent Agendas A. Bids and Purchase Orders 1. Bid # 9394A - Pathological incinerator 2. Bid # 9398A - 30 cubic yard containers 3. Bid # 9411 - Police dictation system 4. Bid # 9413 - Office furniture 5. Bid # 9414 - Water treatment chemicals 6. Did # 9415 - Office operating supplies 7. Bid # 9419 - Landfill fencing 8. Bid # N20 - Golf-equipment and supplies S). Bid # 3422 - -ruck bed and bodies 10. Bid # 9423 - Line stringer 11. Bid # 9424 - 8 inch water meter 12. Bid # 9425 - Padmount switchggar 13. Did 4 +:9 - air pake 14. Sid # 11418 - Demolition and clearing of lots 15. Bid 19426 - Cleaning and painting of ground level water storage tanks 0. Plats, Rellats and Site Plansi 1. Appri)val of preliminary plat of the Creekstde Addition, Block 1, Lot 1. (The Planning and Zoning commission recommends approval.) 2. Approval of preliminary plat of the Kelso*-Pitner Addition. (The Planning and Zoning Commission recommends approval.) 3. Approval of preliminary and final replat of the John A. Hann's Addition, Block 2, Lot 4-11. (The Planning and Sonlrg Commission recommer4a approval.) 4. Approval of site plan revision of PD-22 (John Knox/Lake Forest Village Retirement Center). (The Planning and Zoning Commission recommends approval.) TABLED C. Bid on Sale of City Propertys 1. Bid # 9417 Sale of city owned excess right-of-way on Carroll between Prairie and Highland r City of Denton City Council Minutes Meeting of March 19, 1985 Page Five 3. Public Hearingst A. The Council held a public hearing on the petition of the City of Denton for annexation of approximately 136.58 acres beginning approximately 500 feet east of the centerline of U.S. Highway 377 and mouth of Brush Creek Road (A-11). The Mayor Pro Teo opened the public hearing. David Ellison, Senior Planner, spoke in favor stating that this property had been discussed by the City Council at a work session in July of 1984. The city was trying to control land use in this area. Two reply forms had been mailed with one returned stating that the property had been sold. No on- spoke in opposition. The Mayor Pro Tea closed the public hearing. Hopkins motion, Stephens second to proceed with the annexation. Motion carried unanimously. B. The council held a public hearing on the petition of the City of Denton for annexation of approximately 65.12 acres beginning 350 feet south of and perpendicular to the centerline of U.S. Highway 380 and east of Oeesling Rord Capricorn Mobile Home nark and surrounding property) (A-13). The Mayor Pro Teo opened the public hearing. David Ellison, Senior Planner, spoke in favor reporting that this annexation had been initiated by the City of Denton and was involuntary. The goal was to impose city standards on any future extensions of the mobile home park. A preliminary plat for an extension had been submitted to city staff. This annexation was critical the city would be annexing residents and existin'3 utility problems. Council Member Hopkins stated that most of the surrounding property was alredy within the city limits. No one spoke in opposition, The Mayor Pro Tom closed the public hearing. Stephens motion, Alford second to proceed with the annexatton. Motion carried unanimously. C. The Council held n public hearing on the petition cf R. 0. McDonnell for annexation of apprnximately 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). The Mayor Pro Tea opened the public hearing. David Ellison, Senior Planner, spoke in favor reo,,rting that this wat a voluntary annexation. The intentions of t- owner were to have th! parcel annexed, petition for appropriate zoning and to Ae.•elop the property with duplexes, some S,.neral retail and some w3rchouses. No roadm would be affected. One reply fore. had been mailed aad zero t:aturned. Brian 8ucke, civil engineer, spoke in favor stating that this was a voluntary annexation and zoning would be requested. A plat of the property had b,,jn submitted. Council Member Stephens asked what type of general eel•ail us.* would be developed. ~si~ 0, A City of Denton city council Minutes Meeting of March 19, 1985 Page Six Burke responded some retail offices with storage in the back and mintwarehouses. No one spoke in opposition, The Mayor Pro Tom closed the public hearing. Hopklnn motion, McAdams second to proceed with the annexation. Motion carried unanimously. D. The Council held a public hearing on the petition of the City of Denton for annexation of approximately 42,35 acres of land situated in the S. Huitar Survey, Abstract No. 514, and beginning approximately 500 feet north of and perpendicular to the centerline of U. S. Highway 360 and west of Match Branch Road (A-15), The Mayor Pro Ten opened the public hearing. David Ellison, Senior Planner, spoke in favor stating that this was the remainding balance of the property owned by Tri-Steel, Inc. One reply form had been mailed with zero returned. No one spoke in opposition. The IAyor Pro Tom closed the public hearing. McAdams motion, Stephens second to proceed with the annexation. Potion carried unanimously. E. The Council held a public hearing on the petition of Hammett i Nash, Inc. and the City of Denton for annexation of approximately 150 acres of land located west of Mayhill Road approximately 4,000 foot north of I-35 and adjacent and north of the.MKET Railroad (A-17). The Mayor Pro Tejo opened the public hearing. David Ellison, Senior Planner, spoke in favor stating that this was a joint petition for annexation. Hammett i Nash, Inc. had requested annexation and had begun the process for toning. This was a high intensity area as designated by the Denton Development Guide. Council Member Stephens asked Ellison to trace the Loop 288 corridor on the overhead projection. Ellison stated that the proposed Loop extension would connect at the Mayhill Road overpass. This would be studied during the platting process. It would affect this tract. Mr. Cliff Stebbins, representing Andrews Corporation, spoke in opposition stating that he believed Andrews -)wned 8 acres of this property and that this shoald be clearud up. The Mayor Pro Tea closed the public hearing. Riddlesparger motion, McAdams second to proceed with the annexation. Motion carried unanimously. F. The Council held a public hearing on the petition of RedAitch Investments Corporation for annexation elf approximately 60.38 acres situated in the 0. Walker Survey, Atetsact No, 1330, and beginning adjacent and east of Edwards Road (A-18), The Mayor Pro Tam opened the public hearing. David Ellison, Senior Planner, stoke in favor reporting that this was east of the Allen Estates Mobile some site, 'The Intent was to annex the property for development purposes and zoning. One reply form was mailed and zero were returned. k. l{.•~~ r ,t.!~r~ .r. )-e~w «1 , , " ~r ~ t;,,Ci►y of Denton City Council Minutes • Meeting of March 19, 1985 Page Seven Council Member Hopkins asked if this property was just south of the landfill. Ellison responded it Was not adjacent to the landfill. Edwards Road was a point of controversy as far as staff was concerned. The street was really Foster Roads the County map had the road inaccurately named. fo one spo'lka in opposition. The Mayor Pro Tom closed the public hearing. McAdams motion, Stephens second to pro,;eed dith the annexation. Motion carried unanimously. 4. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, suNpliea or servicesr providing for the expenditure of funds thereforer and providing for an effective date. The following ordinance was presenteds NO. SS-55 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES# PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOREI AND PROVIDING FOR AN EFFECTIVE DATE. 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 Teo Chew 'aye,' Motion carried unanimously. B. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or impro%ementsr providing for the expenditure of funds thereforer and providing for an effective date. The following ordinance was presenteds NO. 65-56 AN ORDINANCE ACCEP'T'ING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTSs PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORs AND PROVIDING FOR AN EFFECTIVE DATE, Hopkins motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," '.lford "aye," Riddlesperger "aye," and Mayor fro Tem Chew "aye." Motion carried unanimously. C. The Council considered adoption of an ordinance approving an agreement between the City of Denton and Axerican Appraisal Associates, Inc. for inventory and appraisal services. Council Member Stephens asked if the County Tax Appraisal performed this function, City Manager Chris Hartung responded nos this inventory and appraisal was for city property, John MCGrane, Director of Finance, reported this was for city owned land, equipment and buildings, v Rr*city of Denton City council minutes Mastro of March 19, 1985 Page Eight Council Member Stephens stated that he thought it was a good idea but did not want to duplicate efforts. McGrane reported the goal was to effect a property management system and to insure a correct inventory. Bid information had been forwarded to 3 organisations with 2 responding. Council Member Hopkins stated this was the fixed asset inventory which had been discussed and felt it was needed. Council Member Stephens stated that in the future he would like to see more complete information in the back-up materials on all bids. The following ordinance was presentedc NO. B5-57 AN ORDINANCE APPROVING AN AGREEMFNT BETWEEN THE CITY OF DENTON AND AMERICAN APPRAISAL ASSOCIATES, INC. FOR INVENTORY AND APPRAISAL SERVICES, AND PROVIDING FOR AN EFFECTIVE DATE. 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. D. The council considered adoption of an ordinance approving the establishment of light industrial (LI) zoning on a 111.7 acre tract ir; the 8.8.8, and C.R,R. Corpany Survey, Abstract 141, and the R. Whitlock Survey, Abotract 1403. The tract is located north of Westgate Hospital and Medical Center, approximately 600 feet west of the Interstate Highway 35 north service road, and adjacent and east of the Atchison, Topeka and Vanta Fe Railroad. Z-1712 The following ordinance was presentedc NO. 85-58 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN .'.PPENDIX TO THE CODE OF ORDINANCES 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 WEST OF THE INTERSTATE H1GH,AY 35 NORTH SERVICE ROAD, AND ADJACENT AND EAST OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD, AND IS MORE PARTICULARLY DESCRIBED HEREINI TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE DESIGNATION TO LIGHT INDUSTRIAL "Lt" DISTRICTi CLASSIFICATION AND USE DESIG- NATIONS AN^ PROVIDING FOR AN EFFECTIVE DATE. Stephens 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. E. The Council considered adoption of an ordinance approving a chance in coning from the agricultural (A) classification to tie planned development (PD) district for, light industrial (LI) uses 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 FM 426 (East McKinney Street) and is more particularly described as Trae.s 1F, 1F1, 1C, IA and IF of the Gideon Walker Survey, Abstract 1330, Z-1717 2 1, P t 7'w y~v t.l v~ "R "Ul ~e' r !1 1 '~J" i City of Denton City Council Minutes Hooting of March 19, 1985 Page Nine The following ordinance was presented, NO. S5-S9 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 N0. 69-1 AND AS SAID MAP APPLIES TO 94.3 ACRES OF LAND LOCATED ON THE EAST SIDE OF 14AYHILL ROAD APPROXIMATELY 1631 FEET SOUTH OF P,M. 426 (EAST MCKINNEY STREET), AND IS MORE PARTICULARLY DESCRIBED HEREIN) TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED OEVELOPMENT "PD" DISTRICT CLASSIFICATION AND USE DESIGNATION FOR LIGHT INDUSTRIAL "LI" USESt AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlespe:ger "aye," and Mayor Pro Tom Chew "aye." Motion carried unanimously. F. The Council considered adoption of an ordinance approving a change in toning from the agricultural (A) district with a specific use permit for a mobile home park to the general retail (OR) toning 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 following ordinance was presented, NO. 85-60 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OP 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 ROBINSON ROAD AND F.M. 2181 (TEASLEY LAl7), AND IS MORE PARTICULARLY DESCRIBED HEREINI TO PROVIDE FOR A CHANOE IN ZONING CLASSIFICATION FROM AGRICULTURAL "1," DISTRICT CLASSIFICATION AND USE DESIGNATION TO GENERAL RETAIL "GR" DISTRICT CLASSIFICATION AND USE DESIGNATION] AND PROVIDING rOR AN L nECTiVE DATE. Stephens motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "eye," Stephens "aye," Alford "aye," Riddlesperger "aye," and Mayor Pro Tom Chew "aye." Motion carried unanimously. 0. The Council considered adoption of an ordinance approving a change in toning from the mingle 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 property is located at 1213 Bernard Street. 2-1721 The following ordinance was presentedr NO. 85-61 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, ' TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO INS CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY ORDINANCE 00. 69-1 AND AS SAID MAP APPLIES TO 4.4275 ACRES OF LAND LOCATED AT 1213 BERNARD STREET, AND 18 MORE 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 UESIONATIONI AND PROVIDING FOR AN EFFECTIVE DATE, City of Denton City Council Minutes Meeting of March 19, 19aS Page Ten McAdams motion, Alford second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alfor4 "aye," Riddlesperger "aye," and Mayor Pro Tem Whew "aye." Motion carried unanimously. H. The Council considered adoption of an ordinance approving a change in zontry2 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 600 feet north of University Drive (U. S. Highway 380). Z-1724 The following ordinance was presentedr NO. 85-62 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 19.8454 ACRES OF LAND LOCATED ON THE EAST SIDE OF HINKLE DRIVE APPROXIMATELY 800 FEET NORTH OF UA'IVEPSITY DRIVE (U.S. HIGHWAY 380), AND IS MORE PARTICULARLY DESCRIBED HEREINr TO PQOVIDE FOR A CHANCE IN ZONING CLASSIFICATION FROM SINGLE-FAMILY "ST-10" DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFICATION AND USE DESIGNATIONr AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Stephens second to adopt the ordinance. on roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "ay.a," and Mayot Pro Tom Chew "ays." Motion carried unanimously. I. The Council considered adoption of an ordinance authorising the expenditure of funds by tho City of Denton, Texas for the purchase of real property Iituated in the B.B.B. i 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 Ostman Addition to the City of Denton, accepting a warranty deed therefore from Infinity Energy, Inc:, and declaring an effective data. The following ordinance was presentedr N0. 85-63 AN ORDINANCE AUTHORIZIN3 THE EXPENDITURE OF FUNDS BY THE CITY OF DENTON, TEXAS FOR THE PURCHASE OF REAL PROPERTY SITUATED IN THE B.B.B. i C,R.R, CO. SURVEY, ABSTRACT NO. 185, CITY AND COUNTY OF DENTON, TEXAS, BEING ALL OF LOTS 11, 12 I.ND 13, BLOCK 2 OF THE OATHAN ADDITIO'I TO THE CITY OF DENTON, ACCEPTING A WARRANTY DEED YNEREFORE FROM INFINITY ENERGY, INC., AND DECLAFING AN EFFECTIVE DATE. Hopkins motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "aye," and Mayor Pro Ton Chew "aye." Motion carried unanimously. J. The Council considered 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 F3wer Cooperative, Inc. (referred to as "TMPP") to Texas Utilities Electric Company (referred to as "TUEC") and authorizing the Mayor to execute the agreement. This ordinance was removed from the agenda by staff. A-wt s City of Denton City Council Minutes Meeting of March 19, 1985 Page Eleven 5. Resolution@$ A. The Council considered 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.i approving the issuance of such bonds and making certain findings in connection therewit,ao Mr. Ralph Rushing, representing the North Texas Higher Education Authority, Inc. reported that the Authority was requesting approval to proceed with a refunding bond lesvr of the outstanding bonds. In May of 1982 in conjunction with the City Coun it of Arlington authorising the issuance of =25,000,000 of student loan revenue bonds. Since that date the Authority had acquired approximately $19,000,000 of student loans from banks made to students in this area, That issue matured on June 1, 1985 and the Authority was taking steps to refund this 3 year issue. They had an oppottunity to extend the issue for an additional 10 years which would allow the Authority to perserve the student loan portfolio and to conti:,ue service. In addition, there were two extra series of bond (1983A and 19838), The Authority expectel to refund these sometime during 1985. The following resolution was presentedt 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, Inca approving the issuance of such bonds and making certain findings in 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 Bonds, Series 19828t" "North Texas Higher Education Authority, Inc, Student Loan Condo, Series 1983At" and "North Texas Higher Education Authority, Inc. Student Loan Sonde, Series 19830t" and WHEREAS, the directors of the Authority have advised this Council that it would be in the best interest of the Author' y if 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 (incl!*iing income therefrom) held under the respective Indentures securing the outstandinj bonds will be utilised for ti;e payment of expenses, debt service, reserves for the same or for the purchase of student loa notes as contemplated by the said law and Section 103 of the Internal Revenue Boc.'e of 1954, as amendedi now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXASs SECTION It That all of the recitals contained in the preamble Fereo~' are found to be true and are adopted as the findings of this City Councill SECTION 29 That the issuance of the proposed refunding bonds in order to provide for the payment of the outstanding bonds and the security for refunding bonds, and the utilization of the mousy and securities held uM er 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 103 of the Internal Revenue Code of 1954, as amended (as met forth in the preamble hereof) is hereby approved and authorized" SECTION 31 At such time am the r4l urdi% bonds are Approved ~b theorney General of Texas, a copy of the Attorney General's approving opinion shall be filed (by the Authority) with the City 8eefetery. Yy. err. n c r: t mi ro ' f d> R y.~a. G, .t ;-*'i n. e A 3 r `1 1 'q+ V i9 a -,K a 5 1 R City of Denton C(.ty Council Minuta• Meeting of March 19, 1985 Page Twelve SECTION 41 in no event does the City dssume any reaponsIbTriFy `3n connectton with (i) the administration of this student loan programs (it) the issuance and delivery of bonds in connection therewitht (tti the payment of any of the bands issued by the Authority, it being %!nderstood these responsibilities are being assumed ty the Authority. SECTION 51 This resolution shall be effective from and after its a opt on. PASSED AND APPROVED, THIS THE 19th day of March, 1985. IR-Riard 0. Ste art, Mayor City of Denton, Texas ATTEST ar ott'a en, ty ecretary City of Denton, Texas APPROVED AS TO LEGAL FORM Byj Stephens motion, Hopkins second that the resolution be approved. On roll call vote, McAdams "aye," Hopkins "aye," Stephens "eye," Alford "aye," Rtddlesparger "aye," and Mayor Pro Tom Chew "aye." Hot ion carried unanimously. B, T`o Council considered approval of a resolution authorising the !nclusion 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 198S. City Manager Hartung reported that the Denton County Housing Finance Corporation had received an allocation under the Texas cap for issuance of these bonds. X25,000,000 had been received and the Authority had received requests for approximately 940,000,000 in mortgage bonds from various mortgage companies. An allocation process had been undergone to pare the figure down to approximately 523,000,000 in actual mortgage money which would be made available. In order to participate And have these funds uried inside the City of Denton, the resolution needed to be approved. This was similar to resolutions approved in the past for sirgle family housing issues. The mortgage interest rates would be approximately 10 7/81. The following resolution was presentedi RESOLUTION AUTHORIZING INCLUSION OF THE CITY OF DENTON, TEXAS, WIT4IN THE "ELIGIBLE LOAN AREA" IN CONNECTION WITH DENTON COUNTY HOUSING FINANCE CORPORATION SINGLE FAMILY MCRTGAGE 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 Status, as amended (the "Act")t and WHEREAS, pursuant to the Act, the Corporation intends to issue on or before April I21 1985 its Single Family Mortgage Revenue Bonds, Series 1985 (the "Bonds") in order to provide (undo to purchase mortgage loans from participating lenders that have been made to eligible bortowars to finance owner occupied single family residential housing within the Countyl and City of Denton City Council minutes meeting of March 190 1985 Page Thirteen WHEREAS, the Act requires that the governing body of any city located within the County, the population of lhicb" exceeds 20,000, must approve the use of the proceeds of the Bonds to purchase home mortgages for homes located within such cityl 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 public purses of the Act for the proceeds of the Bc %.4a to be used to purchase hone mortgages for homes located within the City. NOW, THEREFORE, be it resoled by the City Council of the City of Denton, Texas, that) 1. The use of the proceeds of the Bondn to purcha,e home mortgages for homes located witin the corporate limits of the City is hereby authorized and approved, and the inclusion of t1% City wthin 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-Setvicer 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 merber 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 rapers necessary or vital to tarty out the intent and purposes of this Resolution. 3. This Resolution shall be e. active from and after its passa;e, and it is so resolved. PASSED AND APPROVED this 19th day of March, 1965. Mayor City of Denton, Texas ATTESTS city STe`cretary city of Denton, Texas McAdams motion, Hopkins second that the resolution be approved, On roll call vote, MCA4ams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlesperger "eye," and Mayor 1-to Tea Chew "aye." Motion carried unar,imously. Co Tho Council was to consider approval of a r",so.ution authorizing the closing of a portion of Fry Street between Oak and Hickory streets from S1OO a.m. until 7100 p.m. on Saturday, Apell 20, 1985 for the Sigma Irlpha H% Fraternity annual Spring Rennaissance. This item was removed from the agenda at the request of the Sigma Alpha Mu Fraternity. 6. The Council considered a request for funding fr~,m Flow Memorial Hospital Board of Directors. Mr. Stanley Monroe, Flow Hospital Board of Directors, stated that he was appearing in place of Mary Williams, Ch,,.irperson of the Board, Mr, Monroe stated that the Council had received a letter dated March 5 requesting immediate consideration for additional funds for the support of Flow Hospital, These funds would be mainly used for the payment of past due obligations for the hospital, all of which vets 60, 9) or 120 days old. The hospttll was having a major problem in :.IMF Lity of WntoA Cityy Council Minutes Most Ing of March 19, 1985 Parr* Fourteen dis respect. The Board had madq a request to the County Commiselonere Court that the balance of the $500,000 allote4 to the hospital in the 1984-85 budget be paid lmr.liately an.: without any restrictions. The funds had previously Ivan earmarked for capital improvesentst this was now not the major problem. The major problem was the past due bills. The County Commissioners had approved to give the hospital immediately the $750,000. Inturmation had been received that th• check would be received wit'nin the next few days. The County Commissioners Court, after considerable discosetoi, had agreed that Flow needs,! the $750,000 and indicated that it was tlieir intent4.on to furnish their halt of the $400,000 extra, fiinft requested, provided that the city did the same. The letter from Mary Williams was requesting that the Council consider this. Unfortunately, the Hospital Board had been wrestling with an almost impossible situation - how could they take care of the people who were unable to pay their bills. Flow Hospital was one of five remaining city/county hospitals in the state. All of these hospitals had tho same problem. The legislature was going to deal with the problem but it was hard to tell what the odtcome would be. The Board had forwarded copies of the Flow Hospital position paper to the Denton Representatives and Senator in Austin. The Board had requested that this laoi.latore assist Flow in every way possible. It was hoped that the Council would take care of this matter at this meeting as the hospital needed the money to assure their creditors that the funds were forthcoming. It the creditol: could be assured that the City and County were firmly behind the hospital, the problem would be temporarily solved. Council Member Riddlesperger stated that all that was r..,odod was the assurance that the CoLr.cil would, at the proper time, most the $200,000 obligation. Monroe stated that the hospital needed the fun-it as quickly as possible but he realised that the city had budget requiretents. Council Member Hopkins asked if it ras possible for the city to do this in mid-year. Mayor Pro Tom Chew stated that he thought all of the Council was in favor of helping to support Flow Hospital and asked for a statement from the City Manager on what could be done. City Manager Chris Hartung reported that under the City Charter there were two provisions for modifying the budget to mid-year. One, provision related to budget amendments which could be done at any time if 5 members of the City Council indicated that an emergency which coup not have been foreseen earlier in the year when the budget was - pro•iod had taken place. Under this provision, the budget could than be amended. This would require the City Manager to tai' the Council that there were additional revenues to allow the Council to do this. The position that he was in was that he could not tell the Council that. A quick review of sales tax revenues had been done and they were running slightly ahead of budget projectional however, they were not significantly over the projections. Staff was also concerned about forecasts of econoaic downturns lator in the year. The other provision to aaend the budget was by transfer of funds which had been appropriated for one particular program to another program. The Charter limited these transfers to the last 90 days of the fiscal year so this was not an option at this time. This was the horns of a dilemma in terms of the budget. Hartung then stated that what he would like to do, with the concurrence of the Council, was to contact the County Judge to ads it the County Auditor and the Director of finance from the City of Denton seat with Mr. Hausler and the staff at Plow Hoof, ital to review some of the hospital's financial projections and naneial statements with an eye to the balance of the remainder of the fiscal year. Then begin to prepare a roccemendation to both the City Council and the Commissioners Court that would not only deal with & . City of Denton City Council Minutes Tooting of March 19, 1985 Page Fifteen the immediate problem of the cash shortage, but also to forecast on through to the end of the fiscal year. His concern was the additional requirements which the hosptial might have until the end of the fiscal year. Monroe responded that the ownerehi; of Flow Hospital was a joint ownership between the City and the Countye Ultimately tho responsibility for the payment ud the debts of the hospital would lie between the City and the County. He had been on the Board for almost a year as one of the city's representatives and there had been too much time spent trying to handle what was an almost impossible situation which was that 301 of the total incopt! had t.o be charged -iff as non-compensated care. Most hospital tiad 31 to 41 in this area but Flow had experienced at rate as hi, n as 291 to 301. There was a question as to where the responsibility lay for indigent care but he thought the :sgislation would settle that issue this session. Once done, the problem which the City Manager had brought up would be handled, It would be determined if this responsibility lay on the state, county or city level but it certatrly was not the responsibility of the hospital. Flow could not raise their rates sufficiently to make a profit as they were a non-profit organization. The hospital should have 114000,000 to :1,500,000 a year to update the hospital and the equipment to make it a viable institution that it had alwayr been. He was straid that if the Council did not take a positive step at this meeting and may that sore way the 1200,000 would 'oe made available, the hospital would not get the same support from the County. If not, then the reapo,isibility would have to bo on the two governing bodies as it could no longer by on the Hospital Board. Council Member Stephens stated that he understood at right now the hospital needed the requested funds and asked what were the projections for May and June - would the hospital need the sane amount at that time or would these funds stabilize the situation. Monroe responded that the Board was taking every possible step to get Flow Hospital on a break-even basis. The hospital was not going to reduce the services which they were providing to the people of Denton. Attempts hal been Wade to make changes. The problem was that when people were admitted by a doctor, they were tawtn in to the hospital. There had been an article in the Dallas newspaper recently regardiyg a burn victim who had been refused admittance to Wysong hospital in McKinney, Collin Counl,y Memorial hospital and Wylie Community hospital. He was finally admitted to Parkland. Flow had never turned anybody down. If a doctor said to take the patient into the hospital, they were admitted e,iea her the patient could pa or not. Flow had an income of 118,000,000 and could not collect 14,000,000 of this amount. The Board was -4fore the Council to communicate that the hospital had to have the additional funds. Council Member Stephens stated that the Collin County hospital was now a private hospital. Monroe stated that he was not criticizing these hospitals, There were three hospitals within the area and the council had to know that these hospitals were referring patients who could not pay to Flow and Flow would take them. Council Member Riddlesperger stated that he knew it was asking too much of Flow to try to make up the 14,000,000 that was not being paid. The argument over whether this was charity or the patients were just not paying their debts was academic. he money was not going into Flow. There was no question in his mi:a if Flow was to t,2 maintained, th., the Vounty and the City must come to an understanding on a .quitable distribution of the needs of the hospital. The people would suffer a great deal more by going through the process of leasing or selling the hospital, because somebody was going to have to meet the rseads of the indigents end it would be the people of this area, It was unfair to tell those s 1 r M"M rriT r•.P►. P i V1A6 1 S y r k 1 V ~ r f City of Denton City Council Minute Hosting of March 19, 1905 Page Sixteen people who were ill aid had to be hoepitslised, that they not only had to seat their own obAgation but also had to pay tot the indigents. He thought that the Council could find a way to pass a resoVition at thfa meeting stating that blothe ) meet t would,$200 at the proper time (when it becam,) p' obligation. He felt the Council should act at this moottug as a statement to the Commissioners Court that the City Council was interested and determirsd to make a viable institution of Flow Hospital. Riddlesperger r,r_ton, Chew second that the Council promise, in effect, that at tlLe proper time, the city would make available for Flow 'jospital the sum of $200,000. due to the Charter provision. think Cou cod r do lthio rightr away further tthenccil Council Member Stephent asked Mr. Monroe if this woul,l help. Monroe replied that if he were a creditor of Flo. Hospital and lie to makt knew bat the available the pGroper ffunds toto enable Denton County hospital rtogpaygthe long past due indebtedness in the very near future, that would be sufficient assurance. Mayo,: Pro Tom Chow stated that, speaking as a member of tte City Council# ecouCouncil wanted the ld do to guarantee that the needs Hwere tmet shouldv the council be done. Council Member Stephens expresred the gratitude of the City Council to the Flow Board and the Hospital Administrator for the hard work which had been done. Council Member McAdams stated th+t she was a very strong supporter of Plow Hospital and felt that what had happened in McKinney was ake patients vwere now what being sent to when Parkland and Parklandocoould not Indigent care of everybody. Monroe stated that his understanding wao that when Collin County sold their hospital, they thought they could set aside a certain amount of the purchase money for charity cases. This ,ras not ar eas together task. discuss ythaFlownHosphad italricsurioandthe felt it was appropriate for the two governing bodies try to work out these problems. egarding Maor includerinThis Cmotion crhe Vrrber irecommend ggationf rhe would the Finance Director and the Cooooty Auditor getting together. Council Member Riddlesperger replied yes. What he wanted to do was have the Council pledge that at the soonest time possible, to sake available the money which was absolutely needed to keep the hospital afloat. The Council did not have the luxury of procrastinating for another month or so. Council Member McAdams stated that she understood what Council Member Riddlesperger was sayingi however, she Chad some diffi^ulty with a the Counc l in ad that largeoausumnufhmoneyOeThatdcommit entlmight entail liminatin total the had becausee Council had not looking tat k at a some ore which s She felt that the most important thing was to do voce long range looking. The Council had given 3250,000 before and in the tine since that, no equitable means of meeting the funding tesponsibilitirte for Flow had been worked out, She also had a r~,4 City of DontcJn city council minutes Meeting of March 19, 1985 Page 6e'penteen problem with continuing to do an emergency funiing of =X0,000 or 6250,000 without the two governing bodies making a decision.on what was going to be done. The Council could $250,090 thamselves to death without svir eatting to the heart of the problem which was how was Flow to be funded. She felt this was critical. Mayor Pro Tam Chew stated that he also felt that the Finance Director and the County Auditor and the County Judge and the City Manager should most and could furnish the Council with the data which was needed to make a decision. The Council would begin looking at the budget at the and of the month. Council Member Riddlespergir's motion was predicated upon the Council finding the money in the budget. Council Member Riddlesperger stated that this Council would have a hard time pointing their finger to someone else to blame. They were to blame for this situation as much as anyone else. Thr, problem was the hospital fac ri a situation where they owned =400,000. This was not a matter of saying "we should have" when they had not. The Council should take a brotathing spell and ses what could be done. It was certainly true that $200,000 was not a small amount of money but the Council had a responsibility which they had not met. Ccuncil Member Hopkins stated that one :king needed to be made very clear and that was the fact that, should Clow go under, the City and County would be paying anyway. The Council was also fiscally responsible to look at not only the short term situation, but also the long term situation. He absolutely refused as a Council Member to continually approve large payments to a hospital which possibly was dead. He wanted to know very soon what was to be done as the City could not continue in this situation. There were 5 alternatives for the hospital presented in their position paper and o decision needed to be made within the next month or so, The payment of the $200,000 was not something which could be done in the middle of 0.9 year. The City Manager had indicated that even if the funds ware to be transferred, this could only be done during the last three months of the fiscal year. He was for looking for the funds but he was also absolutely in favor of a long range solution and if one could not be found, he felt the Cuunail should look at the five alternatives before them, He also felt that legislature would be making some very important decisions this year and that decision could be made in such a manner as to help Flow. In his estimation, what action the Council would take was temporary until the legislate-e made a decision on Wtat would be recommended. At that point, valuable data could be received and a proper decision could to made. Council Member Riddlesperger asked if it could be said that all this resolution meant was that the Council wat counting on the legislature of Texas making a long range decision concerning indigent care. This would give Via Council a breathing sorce during that tuna to talk to the Commissioners Court about the long range proposition. He personally was dedicated to the idea that a place in the budget in cents par dollar of taxes from the County and the City be dedicated to Flow so that the hospital could know all year and years ahead what would be forthcoming. The lv-iulature was one-half way through this session which would give the Council some time, This resolution would may the., when the time came, the Council mould make every attempt to find the $200,000. Council Member Stephens pointed out that anytime the legislature acted, it took effect 90 days later. The Council was realistically looking at late August befors any legislation would be in place which would be In the next fiscal year and the concern was for now. Mayor Pro Tom Chew stated that the Council was voting both on the main motion and the amended portion of the motion, ~~+..:~r 1 '1 4 37 s? ~+i C~... r r,{ s w. N tti 4 }.yw i,' ,:1 r ti44, y ro e+./ 1 c fi ~.r s ~s~ t` s City of Denton City Council Minutes Nestinngg of March 19, 1985 Page 2 ghtson Council Member Stephens asked the City Secretary to read the motion. Charlotte Allen, City Secretary, reported that the motion as made by Council Member Aiddlesperger was that the Council promised at the proper time to make available to Flow $200,000. Mayor Pro Ten Chew asked the City Secretary to read the amendment. Allen reported that the motion was then amended to include the City Manager's suggestion that the Director of Finance, the County Auditor, she City Manager and the County Judge meet to discuss long range financial projections for the hospital. Council Member Stephens stated that his concern was if this motion met the question that the Flow Board had brought before the Council. Mr. Monroe stated that he felt that if the Board got into a negotiation situation with the County at this time regarding the $200,000 from the 4'toy and the $200,000 from the County, that it would be held up indefinitely. City Manager Hartung reported that, if the motion were approved, the Council would have stated its inteht concerning the request for funds. His concern was that this request was being made in the middle of March and the City had the balance of the fiscal year to look at. He would like to have the Director of Finance and the County Auditor sit down with the Flow Hospital Administrator and his financial staff and look at the hospital's financial projections through the balance of the fiscal year to determine if there were going to be additional requirements which the City would facing later on. This had ;iothing to do with this request for $200,0^:. Monroe asked if the Council wen on recd,,' that they would make the $200,000 ava lable. City Manager Hartung stated yes. He further stated that it wanted to be clear that his •,iggestion was to deal specifically with tha cash flow prorleu xh!ch Flow had right now and through the balance of the fiscal year. He was not taking it upon himself to most with the County Judge to settle any policy issues, Monroe stated that he was insistent upon this being on record because he was present at the Commissioners Court meeting in which it, was stated that the County would furnish the $200,000 to Flow if the City would do the same thing. As long as the funds were available during this fiscal year, Flow could get by. Council Member " ddlespergor asked if the Council should vote on the amendment first. City A•torney Drayovitch reported to to technically correct, the amendment should be considered first. However, on motions such as this, it was acceptable to tA%o one vote on the amended motion. Notion earripd 5 to l with Council Member McAdams casting 'he "nay" vote. Council Member Alford stated that he had received tel+aphone calls on this situation and believed that many citizens of Denton would be pleased with this action. The hospital had taeome r very emotional situation and he felt the citizens also wanted an indepth study conducted to see what could be done, He also felt the citizens wanted the City Covocil to make every effort to help the immediate situation and then go from there. Mayor Fro Ten Chew stated that he also had received calls alto and felt that the citizens did want to see Flow Hospital remain. n, u ~ n 5 ^4 t y,wr f r, a ~ M p• r ! 4 r ^e"b aS' l. T 1 ibq f- .fi: .a, r. 4.A i - '7 yr r t ! Y.i ~r , `r.. a ea +;1,tf , S'' ~ bV 4~•i, r ~ . ~+w City of Denton City Council Minutes MeetingQ of March 19, 1985 Page Nineteen Council Member Alford further stated that he.felt the citizens also realized that eventually there would have to be a definite conclusion. Council Member McAdams stated that she was not opposed to helping Flow but she was very concerned about the approach Ott the Council was taking. She wanted a much longer range look at the situation and a permanent solution established because she did not feel it was right that the Board should have to come before the Council when they were in this type of financial bind. She did not feel it was responsible of the Council to not do sometU ng on a permanent basis. 1. There was no official action on Executive Session items of legal matters, real estate, personnel, board appointments. 8. There were no items of New 9usiness suggested by Council Members for future agendas. The Council reconvened into the Executive Session to discuss legal matters real estate, personnel, and board appointments. No official action was taken. With no further items of business, the meeting was adjourned. RICHARD 0. STEWART, ECAETM 1696C r• S 'F v 1 1 1 M1 .E ~k 'f A DATE: 04/02/85 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 Planning and Zoning Commission recommends approval of the following: 1. Schmitz and Ripy's Addition, Preliminary and Final Replat of Lot 9-R, Block D 2. Teasley Center Addition - Preliminary Plat of Lot 1, Block 1 3. Vacation of the Wooded Acres Subdivision, Second Installment SUMMARY. BACKGROUND: FISCAL IMPACT: Not applicable Respectf y s b tted: jwz r s Hartung City Manager Prepared by; Cecile arson Urban Planner Appr Ukk Nett ey .4 3%7-fth Director of P anning and Community Development 10968 k'lti E4 :r+ qo a ?:D s ♦t3 a• R ri r. y.~:q Vin, .'S CITY COUNCIL AGENDA BACK-UP SUMMARY SKEET MEETING DATE: April 2, 1985 SUBJECT: Preliminary and final replat of Schmitz and Ripy's Addition, Lot 9-R, Block D SUMMARY: This tract is 0.619 acres located east of Vine Street and north of Withers Avenue. This tract is more fully described as Lot 9-R, Block D and shown in the BBB S CRR Co. Survey, Abstract 185, Denton, Texas. n1he property is zoned MF-1, and a multi-family development is anticipated. City services and facilities are available. ACTION REQUIRED: Approval of the preliminary and final replat RECOMMENDATION: The Planning and Zoning Commission recommends approval. ALTERNATIVES: Approval or denial of the replat ATTACHMENT: Reduced plat Cecile Carson Urban Planner 074SJ I i I I "4 ~ti~'.z `V't'..'t tirt 7,✓ t .Jr , g, :4ra °+}'1 r `?~,4 x" ~n, r~ r''• i ~"~Fi riS~d if tr`f` i ~h ~~+c sc HMlr - z Alin Airy s ht n t""i 5 S6'OdE I'' 1 M C4P eln CR Q V11 ee, ac zen •j I y LOT 9-R BLOCK 0 j I I $ I 0.6 9 Ac. W wl r 2 Z ~ ~ N 2 ~j I SIP nP ,oar nr owcom"NOB'3e0W 600 •la E 1MITHfRS AVUUE LOCAVo+i mat $11 Ill Al , SCHMITZ AI!D RIPY'S ADDITION LOI 9-R BLOCK 0 0.619 At. BEINO A RfFLAT OF LOTS 9,10 6 II, 9LOGK D. SCOMITi AND RIPY'S ADDITION; RM Vol85,PO tFO;ORDCT. _ OWNER 6.6.8. A C.R R, CO SURVEY A -165 ERIC iciJMITi CITY A F01.INTY OF DENTON. TEXAS 0 20 4D 60 BO 100 ..Y-. GRAPHIC FEET IRIC lCHMIT2 t. pA' ' i Y I f 1-'yK. 1 f f,.e aAf r. tll CITY COUNCIL AGENDA BA J.=Uk SUMMARY SHEET MEETING DATE: April 2, 1985 SUBJECT: preliminary plat of Teasley Center Addition, Lot 1, Block 1 SUMMARY: This tract is 6.4602 acres located west of Teasley Lane (FM 2181). The tract is more fully described as Lot 1, Block 1, and shown in the Alexander Hill Survey, Abstract 623, and the S. C. Hirams Survey, Abstract 616, Denton, Texas. Cl.ty services and facilities, including water, sanitary sewer, telephone, gas, electricity, and solid waste are available. ACTION REQUIRED: Approval of the preliminary plat RECOMMENDATION: The Planning and Zoning Commission recommends approval. ALTERNATIVEe.: Approval o.: denial of the preliminary plat ATTACHMENT: Reduced plat ~ttA l h1Q~~~ Cecile Carson Urban Planner 0743] V left N", 1 I f 1 I ~ ~ I TS i ~ IIf ytf t 16 ~I ' I; i, 1 1 f z f~ 'r 11 ~ I f i t , vet w.'J- i 1 "lift R. i;~3~ u f K' Ew4I!e/ brl 1-_-tlMlfHt,ME •rl,w - f f it t't i I I~ 11 1 " at ft 81! its fr !,I is fl(i (i It 'i d} s r tt I; Iq .i i~l h li a fr.: . E~ ii dlf i, . I'I i tt a 14, t :r ct ,I, i 1 1 1 Ijt t t1 4 . I eI i) fi 1 1 1 1 le r It! iy ~I~ 1.1 S4 Lt 1 I,r 1. r I a' 1. flt I~ 1 1~ ~il~ fit II ill OWM Mtilnorttow O. W, COX, INC. LWCHAIL tne>t ` ( I ",u.rr wl'A" M OWN ae apnea nw MMI rY W YM IW 11Ej zf' 1 F~pr " ti u a x 5 S',. a IE. CITY COUNCIL AGENDA BACK-UP SUMMARY SHEE'a MEETING DATE: April 2, 1985 SUBJECT: Vacation of the Wooded Acres Subdivision, Second Installment SUMZiARY: The above referenced subdivision is located at the southeast corner of Johnson and Daugherty Streets. The property is zoned commercial (C), and a single family development is anticipated. The final plat for the Wooded Acres Subdivision was approved in 1971, and a subsequent final plat for The Summit Addition was approved in 1979, The final plat for the Wooded Acres was never vacated, and no development may ccur until the vacation process ACTION REgUIRED: Approval of plat vacation request vaZoning cation Commission recommends RECOMMENDATION: approval Planning the and ALTERNATIVES: Approve or deny the request ATTACHMENTS: 1. Reduced plat of the Wooded Acres Subdivision, Second Installment 2. Reduced plat of The Summit Addition ec a arson Urban Planner 0745] ' [ISUSnr ttmnaTt ) • Y•I1111/ t. rf 1. Sete. Jr.. of M a trltt w 1144 Ub11N to wtoo testlJ. tells oeltrtlte ON, l}M: J,N y'\ICfI~ JUAT fAYL011 Ytllbgl A •AIAt[t A (NH N ells at at IS: Aloi 1111 f/r1y 4►Ir1tt Its Ivtt tetMf tftaf 14:011, = el! N1./ Ilrl/f!►r bM 11 °NN Acres ttlfh~lfN (fat/N ~Ielse W Zl if Yf fllp, sill. Igltely 11 es 1rV Sell fora N the volt fell`1Hl 1s't►N{t Sells. 11 tN Rtes `y..-~-.. 1~• ~f ' Jt• _ fltgf ►f tea Y►N1f Aen1 Sdn.IN es. A~,lE fala•. non oww'~ • w,l. J.. WN't, ttalta I-U!-A' 1i I11.911' t. t' Ira. 111 Lot 1N \ Sorter. 1 1 "l• • ~7 LL 1 ti'1~ •IMt1 + tl' t . N 11 6F.2 111 see for a pttN. 6 2 ALLEV .I • II AA ~~I~M t, awl hpn t N• 11• t .-11....11 N N Otto Ill, e11 IM 1 ft•Vr. It 1 p' It 1114e apt r\1i. Alr'i a f t 1 ,t I Thence 1 11' t N 1► era. IIS sit /N v "Prof. 1 I rl • f' 1 ! 1 111.1 S of. ( I I,^ ' I I ` ` ;1 I 11 e !1 t.-- "tote 1• 11' Y . 11.14,' 11 11 lees 111 let tot a career f; lNttf t to 144 ILN' to to Irte pit ul fN a tereo►.~ 1 Y Il la-l~a~r u• •p,' 1fTNtCI I IC 1{' 1 ..11.11' to es less If/ NI !N t arN r. 1•I., ti r It y a ~tN•t1 } V 44• 1 IJt.tt' to 11 Ilse Olt fit for a brNr. 1 tAM IN! VI5TA • ipp~•~ "'~~~~~1 111111 f 1..•..v' r■ Je 1 f 1 1 • • • It er MdA' Itrut; ' a a1 y 1 t, &d,l 1. Y4, jr, Solta ~Lq me, of tN IW 1tMr44 4 W ntw t I , 1 it ►w• "10 twillItN•, w Mlrlvlp IN f►esir~e .o b ametatlta it ~'gt... f O I 1 so 111 "IM 1111r1►UM aM 6"" wUMUe elllrlt we 1A1 1trwU. Ore 1 r 11 • f i (r 1 `J• W ptltrt. W 1N erlf.y ~•onwrb. N so t•ew we °Id t "Wastes 1vOrOal1 r- V ~r tt i }./US}. tNL 04,00 raMn. 1 L'ii .Ritif 1 1 04V °o° ► i : 1 a_.r -{{{1 I 1 MY IKST ~LLMEKTt,tia`7• t1A tasTALt1[It r 1 a It ! I I rJ+"1 r.rl. 1 JJ 1 1 wO I 'IV 1 , 'Y • I' U 1 O , {i . . it W~ t I1 N .t4 , i~ 2ty _ ~ er ' I/ _ Y~'T ilhlHlKr~. ~ I ••.rlrTia•' 1 1 Al[1\l hlf\ DAN[ me off - I I it ' 1 • N qt If ; N! N l •0 R j N I AL1 ! t ; 1 •1 1 / 1• t ► ' f f 1 1 Inf-I r, If .Ab+ +rlseJ MIW = VVViiiiii~~~ • t .J-- L' r tio•r acs-, rl' L sr . L ~r's..•1 t l!Ktra .xo~ ALLLS 1LUV J A 11[1.101 A.MFLL SURVEY An $23 6 Igo r, CURVE DATA 1 = I 1 lT L Q T_ 4l ' 4 1 t I Iy✓ A. ft _w •w r/ff /im t, rM nw* xwl t.ria +[1•a. HiMf ,V •~~/iii, 1/0 Oi Ytf• NOf ~I iY I ~ Yp N N•00 Nta i0 410 'N/ a+d ! r+.ll t lap 1 H' JJr J/•t logo it lp?.i2,F w 011SIM Ni'0 w00 4400' Im, 4 M40 Ira IM a uoa 4100 •fl ii _k =,11 ~~1~i 0f 7"In`~ It1lr .Y 4~lf 4f•oe OO'r/f IN 11 I1-IiC p 117 q' .r0' MOrO M U y: •r0a . 4 iNl 5~Od[ 14I~ ~1 aH4dmY~ to I► p♦ plf .11 • II 10 IF / i _ f fT4[tt 191 J _ a3 •3 - ~4 I, \ f+ •.I.r,f11w......-._ MONTE60 CIRCLE .-iES "tpl` AIUNt" loll, Jst. n~ uo. it 17 u`so a !E or urr 1*EO Tl)~.~ IsI - 'it -t!... 714' 'f/S~ 1._ M~ • It IJ 14 ` is if IF of I/ ROY i21 to y rC , W. A N f~ r. at f' : ' FINM~ PLAT • 2 II 10 ! 1 r J 6 J ! E 'r --1 J_~ I ,000 rlt Cft V~f to SUNAN.?a' ADDITION r "THE SUk#W-T* ADDITION !e _ - !_L~ 1 - •'r'4 ® •O I y PRlrt •0 S "1' 144 4/ OSE / > l0' ra• S 6 ILEORE VArR DRIVE .~rar lrf•"' tlu/pvi90p V4 ° M Gtr OF Otr!OM olwra caa.~-., rcxtl s /1 - N'a•..ird lied 7fo'd 14 oe Tf It It e? ifo -tree ii eo Tf ea e.. 'rr 1,+r lilt" J87 _ NAS11 C04POtATION T t y[~ ~ i E1 t 1 1~' CONSVLrr.t twWNtttS _`Ti77.. 4• If M 11 10 w 1 E r 6 J } / I r~ Lie ' rr ro 1...x..11.' 8 ffus.EOUf!+a+1 .s11641 1t•~/ M't1rfSo 2 a f0 r /•M It //C fGLLf I'+100 To it r. M.r1111.1- ~~~~t[li-i~ln•a ~o11.1n IN r..e 1 u rn.ta.EUa Ots Ir' _ 10,29s ' I. •af0f y}yr 1?IIM Npd rff t'M Y\'H Y'IrE r.Ipp" t or AN li 11pT1 / 1, •'i L CITY of DENTON,TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8200 March 20, 1985 MEMORANDUM TO: Mayor and Menbers of the City Council YT M: Mark Sotmitz, Tax Collector SUBJRCT: Approval of Tax Refund SL MMW: Chapter 31, Section 31..11 of Texas i?roperty Tax Code requires the kpproval of the governing body of the taxing unit for refunds in excess of $500.00. Taxpayer, Colonial Savings and Lean, has requested a refund in the amount of $953.86 for duplicate payments of 1983 taxes. BACKCFAOM: Colonial Savings and Goan Association paid taxes in error on a non-escrow tax account. FISCAL IbIPACr: $953.86 to be refunded. Respectfully submitted: ~ C I k Schmitz,' Tax Collector S4. CHICK RITOXSETION-VOUCHER 01-25 Check Number Number Pay to $953.86 Amount _ Colonial Savings and Loan Assn. FINAL/TAX Attno. y Miller Department P.U. Box 2988 _ March 20, 1985 Fort Worth, Texas 76195 Date Tax Acco t: 83-6959-00200 Aect. Salance Invoice date number and cr ex planation Account No, Net Inv. Amount REFUND DUE TO DUPLICATE TAX PAYMENTS 100-0527 $953.86 ON NON- W TAX P.000UNT _TOTAL $953,86 The above his been :evieued and recommendation for payment is made by the undetntgned- ourting Approval Signature City Narrater Approval Direct or o Pi nde Approval We Prop" Tax Dowd APPLICATION FOR TAX REFUND Aelund AppMatbn S1.11111i2) Collecting Office Name: City of Denton Tax Department Collecting Tax For: 215 East McKinne St. Denton Texas 76201 axing nits Address City, State, Zip Code - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - In order to apply for a tax refund, the following information must be provided by the taxpayer. IDENTIFICATION OF PROPERTY OWNER: Name: Colonial Savings and dean Association Address. _ P.O. Box 2988, Fbrt Worth, Texas 76195 Telephone Number (f additional information Is needed): I IDENTIFICATION OF PROPERTY: Description of Property: Address or Location of Property: Account Number of Property: 6959-00200 or Tax Receipt Number: INFORMATION ON PAYMENT OF TAXES: Name of Taxing Unit Year for Amount of From Which Refund Which Refund Date of the Amount of Tax Refund Is Requested Is Requested Tax Payment Taxes Paid Requested 1. City 19 83 12-30 /1983 $ 953.86 _ $ 953.86 2.. 19 83 1-06 /1984 $ 953.86 $ 3. 19 / 19 $ $ Taxpayer's reason for refund attach supporting documentation): REFUND DUE 10 DUPLICATE PAYMENTS ON NON ESCWV ACCOUNT. "I hereby apply for the refund of the abov3-described taxes and certify that the Information I have given on this form Is trop and correct" i 12 f An t c. G Signatu a Date of Application for Tax Refund --r.. r.....-.-r-r--r-...,----------------r..._-_- - - - DETE MINATI REFUND: _ Approval _ Disapproval Signature of A-it rl d Officer Dat Signature of Presiding Officer(6) of Taxing Date Un't(s) for refund applications over $500 Any (Neon who mattes a false ortry upon the foregoing record ehr W be subject to one of the following penalties; 1, imprisonment of not more thin 10 years not less %hsn 2 years and/ce a line of not more than $6,000 or both such Ane and Imprisonme44 2. eonAnelnent In jso I& a totem up to 1 year nr a Ane not to r xe"d $2,000 or both such Ane and Imprisonment as Dot forth In Section 37.10. Penh Code. PIENW 31.11 q, 30 COLLECTION0 ,Y WrYof DEWON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76701 / TELEPHONE (817) 566.8200 Warch 19, 1085 M E M O R A N D U M TO. Mayor and Members of the City Council FMM: Mark Schmitz, Tax Collector SUBJECT: Approval of Tax Refund FMCaMAIENDATION: Tar (bllector reccmwnds that tax refund be issued. SudMARY: Chapter 31, Section 31.11 of Texas Property Tax Code requires the approval of the governing brdy of the taking unit for refunds in excess of $500.00. Taxpayer, Beneficial Standard Mortgage Company, ha_v. requested a refund in the amount of $3,887.51 for payment on among property tax account. BACKGR0LM: Beneficial Standard Mortgage Copany should have paid 1983 taxes in the tumunt of $1,339.05 instead of $5,226,56. Difference to be refunded between the correct and incorrect tax accounts. FISCAL IMPACT- $3,887.51 to be refunded. Respectfully submitted: ul 1Z Mark Schn.it Tax Collector Beneficial Standard Mortgage Company Carolyn Johnson Assistant treasurer February 12, 1985 City of Denton Tax Dept. Municipal Building Denton, Texas 76201 Re: Account No. 6680-00800 (1983 City Taxes) Gentlemen: It has been brought to my attention that on January 260 1984r a check in the amount of $5#226.56 (copy attached) was mailed to you for payment of 1.983 taxes on tax account No. 6680-00800 in error, instead payment should have been for tax account No. 668000--700. Please apply the correct payment for 1983 taxes to the right account number. Also, please issue a refund check to Beneficial Standard Mortgage Company representing the over- payment on this account. Your immediate attention will be appreciated. Sincerely, 11 OxoI n. fG~ MC& L I Carolyn Johnson CJ:aj encls. CC: Mr. Duke Argabright w/encls. Cal Verdes Investments 3100 Wilshire Bo }lavard, Los Angeles, California Wow (213) 381.8280 J IL I(. is Beneficial Standard Mortge C zany a ' ITF aENEEKIIAL ASSURAH" COMP - r $700 "Wre Boulevard. Los Ar"Iss. CaTifomle 10 r a 0 2 0:s.- M16 100259 1~,~ f Amount 3 115, 226, 56x Af el. k 4610 i, Oaf[ [wOww st SOW. psi " I .0 To The Order of CITY, OF DENTON TAX DEPARTM T ; paja 1/26/84 • MUNICIPWBUILO,ING, . its+r~,. ,'1. ` DENTON, TX.76201 Los A gelseM16 , '•'1'.I r• ` 1 r ~l.1rt r\,I ti Y,ll" .M jl i- Calftmis Coned lnn dInk 700 &AM Flower 81ree1 ' ~ ~ ~ ~ ~ ~ •r:: , Y: • '~4 Lov fes, California 00017 r 11 ± ti L002§0 rA?01)A +4`' o 0 5~ 114l.- 6pr 69 ranob522656to A.al..r..w..1..t.iral.w._ jL ,L. i~ ogoo 1 I . I 1 I 1 f • 1 1 l r:: 1 All! 1101*11 'VA 40h "m SAA 1 1 ( to ti A, of .rwirt c~:,tirl+...•~ ~+wwi W%Irwwr f CT1 l i1RY!'~+~w~ ( i ~AiIN oft" As EWI1 !4 MA l} 1! f i all, r~ G•3 13 L tt 9,441-1 1A.) 1 (r. 140 *1010 3111 Ol 001 ~I J I I• L ~ NOTICE IN LIEU OF TAX STATEMENT IG! 42061 o CON*~~~i NO 1- LE 1N ,tSdftTl~ wyR j,ZV$AOES . S G gDO o 70 AKA CTNUSS 4** w G ONDER TX COVERS PROPERTY UNDER SERVICE iCI/t STANDAitD MORTGAGE COMPA Y 1983 TAXES _ rpAVABIE TO ASSESSORtOLIECTOR i Y-! 4ENYWII--r ____IEb.AS PROPEply D£SCRiPTIDN PIPT13 OF M.A.PONDER E.PUC}1ALSKi SUV ABST 496 AeAAaY ?AX SERVICES 1M~1 11AW~1 ~I FIM01~1. 003540 CTL NC. 174743 s m 77 -77 - CHECK UQOISITION-VWCN[R ec N r 01-26 e Par to Number 93887 51 Amount Beneficial Standard ljortgage ocx wy FINANCE/TAX 3700 Wilshire Boulevard Department - H arch 19, 85 Los Angeles, California 90010 Date Tax Account: b680-00800 Acct salanee Invoice date number and or ex lanation Account No, Net Inv. Amount M 111D DUE 10 PAYMM ON WFM TAX ACCOM 100-0527 $3,887.51 • TOTAL 7,51 The above has been m4eved and recomendatto for payment is made by the undersigned. Ask Wteunting Approval signature-_ Citr Manager Approval Mattor o inanee pprovgl "e" PfOW11f Tax e00«d APPLICATION FOR TAX REFUND Refund Appked" 71,11(4/82) Collecting Office Name: _ City of Denton Tax Department Collecting Tax For: 215 East McKinney Street, Denton, Texas 76201 (Taxing units) Address - City, State, Zip Code fn order to apply for a tax refund, the following Information must be provided by the taxpayer. IDENTIFICATION OF PROPERTY OWNER: Name: Beneficial Standard lilort age 92mmy Address: 3700 Wilshire Blvd., Ins Angeles, - 0 Telephone Number (if additional Information Is needed): IDENTIFICATION OF PROPERTY: Description of Property: Address or Location of Property: Account Number of Property. tea' or Tax Receipt Number: INFORMATION ON PAYMENT OF TAXES: Name of Taxing Unit Year for Amount of From Which Refund Which Refund Date of the Amount of Tax Refund Is Requested Is Requested Tax Payment Taxes Paid Requested 1 City of Denton 19 83 2-09 / 1984 $ 5,326 56 $ 3,887.51 3. 19 /19 S $ ' Taxpayer's reason for refund (attach supporting documentation): RERM DUE 70 PAYDtl ON WHO% TAX A000= "I hereby apply for the refund of the above-described taxes and certify that the Information I have given on this form is true and correct" RF x A7TACRIM Hach 191 1985 Signature Date of Application for Tax Refund ryrrrrrrrr-rrrw.rrrr-rr raw r~r DETERMINATION FOR REFUND: Approval Disapproval //4/4?~ Signature of Authorize Officer Da (e r Signature of Presiding Officer(s) of Taxing Date Unit(s) for refund applications over i60 Any person who makes a false entry upon the lotegolna record shall be subject to one of the following penaffles; 1. knprlsonmenl of not more then 10 years nor lees than 2 years and/or a fine of not more than $1,000 or both such Ina and Im►, lsonment; 2. confinement In fall for a term up to 1 year a a In* not to exceed 12,000 or both such one and Imprisonment" set forth In Section 99,10, Pend Code. AMP& 11.11 30 COLUMIONS T_ Wrro/CENrON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76101 i TELEPHONE (811).%6-8200 March 19, 1985 MEMORANDUM 70: Mayor and Manbers of the City Omnell FRCMl: Mask Schmitz, Tax Collector SUJBJE('r: Approval of Tax Refund REOOM4iQMION: Tax Collector recommends that tax refund be issued. SUMMARY: Chapter 31, Section 31.11 of Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500.00. Taxpayer, Drew Mortgage O mpany, has requested a refund in the mmnt of $613.42 for duplicate payments of 1984 taxes. BACKGROW: Drew Mortgage Ompany has paid the taxes on property in error, Lawyers Title of Denton had already made payment. FISCAL IMPACT: $613.42 to be refunded. Respectfully Sukmitted: C Mark Schmit Tax Collector r. DREW MORTGAGE COIVIIPANY 5135 KATY FREEWAY • P. O. BOX 7747 • HOUSTON, TEXAS 77270 • 713/869-4561 February 15, 1983 City of Denton Municipal Building Denton, Texas 76201 Re: ME Loan #09-10-27212 J.R. Mc Kenzie Tax Account #7150-00400 To Whom It May Concern: It has been brought to our attention that for 1984 a double payment has been made on the above referenced account number, by Drew Mortgage and Lawyers Title Ccnpany. We have enclosed the origianl paid receipt for a full refund in the amount of $613.42 to be forwarded to our office and returned to this escrow account. Thank you for your help and cooperation in this matter. Very truly yours, Vicki Hensarling Tax Supervisor vh erlc'L . t i ~ n k: r U .r. ~ G qr t ~i i x ti.'~.' [ vrM r r P f'z s i.~ _ r. 1 ♦~y~ F , QTY - ~S4 TAX STATEMENT YOUR TAXES ARE DUE OCTOBER Cris of Drniort 7er Orpoanrrrr 1st AND BECOME DELINQUENT Vue+rlHl /yilerst FEBRUARY 1st. SEE REVERSE Dr4lort, rrur te:o! SIDE FOA DENALTY AND tNTER DUPLICA' TATS EST DETAILS ~N-~I.e-'ra Oc ACCOJNT NUMUR TAX YR RATLE Lot 4 Etlk 20 Southrid a Addn 7150-00400 190.4 -5 Fp, ;LOCATION ASSESSED EXEWPT TAXABLE VALUE 118 Ridgecrest Circle 103,969 103,969 SURVEYOR` MKT. AP►MOD TAX DUE J. McGowan 8797 I 103.96 9 613.42 RATIO` PENALTY 100% ~i 613.42 f John R. McKenzie 118 Ridgecrest Circle Denton, Texas 76201 10 i s R r .r G :3•.~e4r T s 3'a ' ~ ..~x,.J ~ ~'"''h". Ry:f.. } M T 4" $ N4,_: CHECK REQUISITION-VOUCHER n1 Mack Number N aKuaber Pay to $813 2 • Amount Drew 14o tote Calmany FINANCEITAX Attn: Vicki Hensariing Department P.O. Box 7747 March tg, 10AS Date Houston. Texas 77270 Acct. Balance Invoice date number and/or explanation Account No. Net Inv. Amount REF M DUE TO DUPLICATE TAX PAY;TSE~M MADE l0U 0401 $(113.42 BY TITLE OMIPANY/b3JfWAGE D~ANY TOTAL S. Y.. The above has been reviewed and recomtndation for payment is made by the undersigned. Accounting Approval Signature • city Manager Approval Director of Finance Approvel 1 1 ya r r. ; x s~ R v° wj s i r3 r. r b B 4444 wle i~ropsrry Tax Gera APPLICATION FOR TAX REFUND AsIond AppMoallon 31.11(4102) Collecting Office Name: City of MDenton Tax Department riex 76201 Collecting Tax For: 215 McKinney t. , uenton. as axing nits Address City, State, Zip Code - - - - - - - - - - - - - - - - - - - - - - - - - - - - In order to apply for a tax refund, the following information must be provided by the taxpayer. IDENTIFICATION OF PROPERTY OWNER: Name: John McKenzie (Drew Mortgage Company) Address: Telephone Number (if additional Information is needed): IDENTIFICATION OF PROPERTY: Description of Property: Address or Location of Property: - Account Number of Property. 7150"00400 or Tax Receipt Number. INFOR14ATION ON PAYMENT OF TAXES: Name of Taxing Unit Year for Amount of From Which Refund Which Refund Date of the Amount of Tax Refund Is Requested Is Requested Tax Payment Taxes Paid Requrmted 1,City of Denton 19 84 12-6 /19134 $ _ 613.42 $ $613.42 2. 19 1-10 _ / 1985 $ 613.42 $ 3. 19 / 19 $ $ Taxpayer's reason for refund (attach supporting documentation): 1 :FU DUE TO DUPLICATE P N%ENTS MADE BY TITfE =IPAVY/'NMrGAGE OC IPANY "I hereby apply for the refund of the abov"escribed taxes and certify that the Information I have given on this form is true and correct" S~E ATI'ACMD MarchA19, 1985 Signature Date of Application for Tax Refund DET )NATION r FUN pproval Disapproval Signature of Auth ized Officer Dal Signature of Presiding Officer(s) of Taxing Date Unit(s) for refund applications over $500 Any person who makes a Isles entry upon the foregoing record shah be rub)ect to one of the fo'lowing penalties; 1. Imprisonment of not more than 10 years not less then 2 yeses rand/or a fine of not more than $3,000 or both such Onr and Imprisonment; 2. confinement in tail fore term up to 1 y►er or a Iln# not to exceed 12,000 or both such One and Imprisonment as sM forth In Section 37'.10, Penal Code. PEPU+* 7t 11 30 COLLECTIONS Z/1 CITY ofDENTON,TEXAS MUNICIPAL BUILDING/ DENTON, TEXAS 76201 / TELEPHONE(817)566.8200 Niarch 19, 1985 MEMORANDUM 70: Mayor and Hanbers of the City Council FCM: Mark Schmitz, Tax Collector SUBJECT: Apprr-ral of Tax Refund RDOOM MENWION: Tax Cbl?.ector recannends that tax refund be issued. SUMMARY: Chapter 31, Section 31.11 of Texas Property Tax Code requires the approval fo the governing body of the taxing unit for refunds in excess of $500.00. Taxpayer, The Goodnan Group, Inc., has r,--quested a refund in the amov.it of $2,280.79 for duplicate payments on tug of t, eir tax accounts for 1984. BACKGROJND: The Goodman Group, Inc. has paid the taxes twice on two of their tax accounts. FISCAL IMPACT: $2,280.79 to be refunded. Respectfully submitted: 1<fark t Ait Z Tax Collector tti Y F ~ 1 ~'t R i~~ ~ y{ A: J the g -%OdMdn group, inc. ~j~ March 12, 1985 I Mark Schmitz Tax Collector Municipal Building Denton, Texas 76201 j Re: Lot 1 Block C j Expressway Industrial Park Hiram 616 '5500-(19490 Dear Mr. Schmitz: Our records indicate that the 1984 City of Denton taxes for $1,560.93 have been paid twice. I therefore request a refund of the amount to be paid as follows: U-Stor Miniwarehouse c/o GG Management 12900 Preston Road, Suite 1040 Dallas, TX 75042 I Your assistance in this matter is most appreciated. Sincerely, oller FDp ' r a e s lp 12900 Preston road • dallas texas 75230 • (214) 387.2327 r the goodman group, inc. March 12, 1985 Mark Schmitz Tax Collector Municipal Building Denton, Texas 76201 Re: Tracts 60A, 60A(1), .290 acres *15f to -o((06() A. Hill #623 Dear Mr. Schmitz: Our records indicate that the 1984 City of Denton taxes for $719.86 have then paid twice. i therefore request a refund of the amount to be paid as follows: U-Stor Miniwarehouse c/o GG Management 12900 Preston Road, Suite 1040 Dallas, TX 75042 Your assistance in this matter is most appreciated. Sincerely, mes P. Bates ller r C tro PB:plp 12900 presion road dahas. texas 75230 (214) 387-2327 17- `0 7 01-25 Chact Vii-OW Nnr er ?ay to $2,280.79 Amount The Goodman Group. Inc. FINANCE/TAX Attn: Gtr. James Bates Department 12900 Preston Road March 19, 1985 Date Dallas, Texas 75230 Tax A Acct. Balance Invoice date number and/or explanation Account No. Net Inv. Amount REFM UM TO MPLICATE PAYMEM CN 100-0401 $2,280.79 BMH TAX AOOOUNPS • i TOTAL $2,280.79 The above has been reviewed and recommendation for payment is made by the undersigned. ouetiol Apptoval Signature City 11ana=or Approval Dirac for Pinang Approval warer«h Tax 111116"' APPLICATION FOR TAX REFUND rt.krna Ap~awn ~1.11hr~:~ Collecting Office Name: City of. Denton Tax Department Collecting Tax For: 21 East Mc% a St. Denton Texas 76201 (Taxing units) Address City, State, Zip Code - In order to apply for a tax refund, the following informacon must be provided by the taxpayer. IDENTIFICATION OF PROPERTY OWNER: Name: The Goodran Group, Inc. Address: _ 12900 Preston ^3d, ~a11M Ts •^c 7,5230 Telephone Number (if additional Information Is needed): IDENTIFICATION OF PROPERTY: Description of Property: Address or Location of Property. Account Number of Property. 3180-01600 or Tax Receipt Number. 3800-00100 INFORMATION ON PAYMENT OF TAXES: Name of Taxing Unit Year for Amount of From Which Refund Which Refund Date of the Amount of Tax Refund Is Requested is Requested Tax Payment Taxes Paid Requested 1City of Denton 1984 1-2 1985 $1.560.93 $1.560.93 2. 1984 1-30 / 19 85 $1,560.93 $ 3. 1984 1-2 / 19 85 $ 719.86 $ _ 719 - 4. 1984 _J 1985 $ 719.86 Taxpayer's reason for refund attach su ar~ ( supporting documentation): PdUt Z[? DUE 70 IxJPLICATE PA1'I<EM ON BM ACCOUNTS 1 hereby apply for the refund of the above-described taxes and certify that the informatlon I ha:a given on this form Is true and correct." SEE ATTACHED _ March 19, 1985 Signature Date of Applice4on for Tax Refund --~A-- DET MINATION T REFUND: rov,-1 pp Disapproval d Signature of Autho d Officer Date Signature of Presiding Officer(s) of Taxing Date Unit(s) for refund applications over $500 Any person who makes a false entry upon the foregoing record shall be subject to one of the following panel#"; 1. lmprfswnment of not more than 10 years not less than 2 years and/et a An* of not more than $5,000 or both such One and Imprisonment; 2. confinement In jai for s term up to 1 year or a Ihne nol to exceed $2,000 or bosh such fine and lmprilw"M as set fort in Section 37.10, Panel Code. PEFUac. s, 11 30 COLLEC11ONS syv y,yA ~ 1 CITYo/DENVON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8200 Office of the City Manager M E M O R A N D U M TO: Chris Hartung, City Manager FROM: Rick Svehla, Assistant City Manager DATE: March 27, 1985 SUBJECT: Bid 19427-Sale of laity Owned Access Right-of Way on Carroll Blvd. between Prairie and Highland Attached is all the data that we have concerning these tracts. On July 3, 1984, the Council approved the sale of this tract. The minutes of that meeting have been attached. I have also included the minutes from the P and Z meeting of November 1, 1983. Planning and Zoning recommended that the property be sold and that we retain a 20 foot strip of parkway. Also included is a letter to Mr. Dale Erwin, who made the original request, advising him of the Council's actions. We have included the drawing showing the two tracts as A and B with the back-up material. They went: sold as two because they were not adjacent to each other. One lot is approximately 18,000 square feet, the other lot is approximately 6,200 square feet. They aie both zoned duplex. They have both been judged to be developable seperately since the minimum requirements for 2F are 6,000 square feet. You will note that in the bid documents, that as part of the purchase, the high bidder will pay for a survey in each case and that will determine the exact meas+srewents of each lot. If we can answer any other questions, we will be happy to try and do s the meeting. i v a Assistant City Manager ji 2192M o*i i s Ciff of DENTGN, rff)W MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817)566.8200 M E M O R A N D U M TO: John Marshall FROM: Roger N. Wilkinson DATE: January 15, 1985 E. corner of Carroll Blvd. and RE. Property disposition N. Highland) The tract shown on the attached plat has been approved for sale by the City Council on July 3, 1984. Tito following should be part of the stipulations for the bid process: (1) This tract will be bid on a price per square foot (the exact footage to be determined by a boundary survey). (2) Ttie boundary survey will be provided by and paid for by the person awarded tae bid (survey to be performed by a registered surveyor). (3) A twenty foot (20') parkway will oe retained along Carroll Blvd. 0272E Isau V JAN 15 1985 P IRCNAAS1NGipfp~jrN ~ n ,j ~ y." Y. f4 :?dY .I`!! a rr. c I Wy K CITY of DENTON, TEXAS MUNICIPAL BUILDING/ DENTON, TEXAS 76201 /TELEPHONE (8;7)566-8200 September 30, 1983 Ms% Daisy Punch 423 West Prairie Denton, Texas 76201 Re: Disposition of excess Carroll Boulevard right-of-way at the northeast corner of West Prairie Street and Carroll Boulevard. (D-35) Dear Ms. Punch: This is to inform you that the Planning and Toning Commission, at its meeting of September 28, 1983, recommended approval of your request for disposition of excess right-of-way with the condition that a twenty (20) foot strip be retained from the east curb line of Carroll Boulevard. You will be notified when this item is scheduled for City Council action. Sincerely, David Ellison Development Review Planner ab cc: Dale Irwin 419 South Carroll Denton, Texas 76201 4 .K I CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / t&EPNONE (817) _66.82'00 June 20, 1984 Mrs. Daisey Punch 423 West Prairie Denton, Texas Dear Mrs. Punch: Re: Disposition of excess Carroll Boulevard right-of-way at the southeast corner of West Prairie and Carroll Boulevard h- ) The City Council, at its meeting of June 19, 1984, approved your request for disposition of excess Carroll Boulevard right-of way at the southeast corner of West Prairie and Carroll Boulevard with the condition that the City retain a 10' strip of land along Carroll Boulevard. Should you have any questions regarding this decision, please feel free to contact me at this office. Sincerely, David Ellison Development Review Planner db cu: Mr. Dale Irwin 419 S. Carroll Denton, Texas 76201 r" ~COMf. o m a $rTm r I R I V ti NOV4e3ft 119,37 4000 J CI ~ 1 u jl '.09 TRACT 2 W o , cc ei 0.142 Ac ~ 0284' Acres ~i i N TH 1 4004 . SCE 1~ ~ s. e~39 4~ w. 119.72 MOW M' Aft1 G-39 N0. AN ORDINANCE APPROVING THE SALE OF 0.142 ACRES of REAL PROPERTY AS DESCRIBED HEREIN; AUTHORIZING THE MAYOR TO EXECUTE THE NECESSARY DOCUMENTS TRANSFERRING TITLE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton is the owner of real property as described herein; and WHEREAS, the City Council has determined it would be to the beat interest of the City to dispose of the property; and WHEREAS, the City Council, in accordance with the provisions of Article 5421c-12 V.A.T.S., has determined that the property is of a size as to be tncrpable of being used independently as zoned, and may be sold to the abutting property owners; and WHEREAS, in accordance with state law, City Council has offered to sale the proparty to the abutting owners in an amount for no less then its fair market value; and WHEREAS, the abutting property ovo -,j have accepted the City's offer to purchase the property for the amount stated herein; NOW THEREFORE: BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the real property owi.ed by the City of Denton and con- taining approximately 0.142 acres of land, or 6,185.52 square feet, located at the intersection of W. Prairie and Carroll Boulevard, shall be sold to the abutting property owners at a price of $1.50 per square foot or Nine Thousand Two 4undred Seventy-eight and 28/100 ($9,218.28) Dollars. SECTION It. That upon receipt by the City of the amount stated above, the Mayor is authorized to execute a general warranty deed conveying title to the abutting owners of the following described property: All that certain tract or parcel of land situated in the William Loving Survey, Abstract 159, Denton County, Texas, being a part of a certain (called) 0.319 acre tract deeded by Saddie L. Moore, at al to the Cityy of Denton Texas on the 22nd day of December, 1969 recorded in Volume 591, Page 104, deed records of said county, and being more fully described ae follows: 8EGIN14INC at the northeast corner of said 0.379 acre tract, said point lying in the south boundary line of West Prairie Street; THENCE south 00°26'52" east a distance of 155.12 feet to a point in a called 20 foot allay; THENCE south 89°39'41" west a distance of 40.0 feet to an iron pin; THENCE north 00°26'52" west, 10 feet from ar.4 parallel with the east curb of Carroll Boulevard, a distance of 155.20 feet to an iron pin; * o THENCE north 89°45'57" east a distance of 40.0 feet to the point • of beginning sad containing 0.142 acre of land. SECTI0 M. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. PASSED AND APPROVED bthe City Council of the City of Denton, Texas, this the 1L day of ,~/ltivlalJ~ , 198 a/ . t 00 EW.kKTYMA'(VK CIT1I OF DE ON, TEXAS ATTEST: CKUTAL , Ur" bLURULIAKI CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: 2~sw 10 A-CTIAU L i 4-7+31'OAAEY JUT U. MuKK15& CI, Y OF DENTON, TEXAS et:ew•tae .tlreeVe~ ~ - - THE STATE OF TEXAS, KNOW ALL MEN BY 'rte rt OOUNTlf OF DENTON That The City of Denton, Texas, a Municipal Corporation of the County of Denton State of Texas for and in consideration of the sum of TEN Alit 1401100 ($10.00)------------------- DOLLARS. to it in hand paid by Hazel Young, Alice Alexander and Daisy Punch have Granted. Sold sad Conveyed, sad by these pr:.4ents do Grant, Sew and Convey unto the said Hazel Young, Alice Alexander and Daisy Pinch of the County of Denton , State of Texas , aft that certain tract or parcel of land situated in the Wis. Loving Survey, Abstract 759, Denton County, Texas, being a part of a certain (called) 0.379 acre tract deeded by Saddis L. Moors, at al to the City of Denton, Texas on the 22nd day of December, 1969 recorded in Volume 596, Page 104, deed records of said county, and being more fully described as follows: BEGINNING at tho northeast corner of said 0.379 acre tract, said point lying in the south boundary line of Nest Prairie Street; THENCE south 00°26'52" east a distance of 155.12 feet to a point in a called 20 foot alley; THENCE south .89'039141" vest a distance of 40.0 feet to an iron pin; THENCE north 00°26'52" west, 10 feet from and parallel witot the east curb of Carroll poulavard, a distance of 155.20 feet, to an Iron pin; THENCE north 89 45157" east a distance of 40.0 feet to the point of beginning and containing 0.142 acre of lend. TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights and aportenances thereto in anywise belonging unto the said City of Denton, Texas, a Municipal Corporation, its successors and ass ens Lizaam nkas forever; and it does ixhereby tied its successors and assigns to Warrant and Fvvvee Defend all and singular the said premises unto the" Hazel Young, Alice Alexander and Daisy Punch, their heirs and assigns, against nary person whomsoever iawtuuy claiming, or to claim the same or any part therett. Witness my hand at Denton County, Taxes on this day of December , A. D.19 84 Witnesses at Request of Grantor: THE C DE ON TEXAS Ar BYr C 1'E L81i, Cliff ECRETARY y„ UPI of DEMON, rtxi" MUNICIPAL WILDING / DENTON, TEXTS 76201 / TELEPNC'NE (817) sa.8200 t July 1, 1984 .yr. Dale Irwin 419 South Carroll Denton, Texas 76201 Dear Kr. Irwin: Re: Disposition of excess public right-of-way along the east side of Carroll Boulevjd between hest Prairie and Highland Streets 7 3 The City Council, at its meeting of July 3, 1984, approved your request for disposition of excess public right-of-,.gay along the east side of Carroll Boulevard between west P=a.--le and Highland Streets. Should you have any questi.ns regarding this decision, please feel free to co"tact me at this office. Sincerely, David Ellison ~1_; r„ent ?.ariew Planner I 'Pj r . • xq• n , i~r s , CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: November 1, 1983 SUBJECT: Consider disposition of excess public right-of-way along the east side of Carroll Boulevard between West Prairie and Highland Street. (D-33) BACKGROUND: This is an approximately 36,325 square foot (.83 acre) arcel. Present zoning is two family (2-FS classification. It is felt that the arcel can be develo ed independently, s request raises similar issues to an addi- tional one involving property to the north, but it was submitted by Mr. Dale Irwin separately in April, 1983. Tne Planning and Zoning Com- mission first considered the property disposi- tion in June, 1983 and unanimously recommended approval with certain conditions (retention of 20 foot strip being primary condition). Staff information was limited in June, and following consideration of a request for office zoning to the north which led to concerns regarding open space and curb cuts, staff requested that the Planning and Zoning Commission reconsider the request at its meeting of September 28, 1983. SUMMARY: The Planning and Zoning Commission considered this disposition request of its meeting of September 28, 1983. Staft recommended that the right-of-way be retained for the following reasons: 1) Future planning of potential widening cf Carroll P,oulevard. Planning ana Zoning Commission members all generally agreed tnat there is a minimal chance that Carroll Boulevard will be widened in the future, but recommended that a minimum 20' strip *je re- tained along the east line if the propert s disposed of. r {D-g3 Pigs 2) Provisions for open space, green belt or (trip park along this section of Carroll Boulevard consistent with tho middle section of Carroll Boulevard beginning near Panhandle Street and extending further north. Members of the Planning and Zoning Commission discussed the merits and demerits of retain- ing the right-of-way for the above purpose extensively. One member of the commission seemed to feel that open space and greenbelt considerations alone is justification for retaining the right-of-way. The majority of • the commission did not appear to share this sentiment. 3) Retention of right-of-way provides the city with more absolute control of curb cuts along this section of Carroll Boulevard. Interest in office specifically, and other ;sigh intensity type land uses along Carroll Boulevard has heightened. Existing policies discourage strip retail/commer_ial uses aad unrestricted curb cuts along Carrell and other major thor- oughfares. If a porcion of the property is disposed of retention of a 20' strip %,ould be one poteaiial solution to the curb cut issue. ACTION REQUIRED: Approve request with or without condition(s), deny or table request. RECOMMENDATION: 'rne Planning and Zoning Commission recommended approval, by a vote of 6-1, at its weeting o! September 28, 1983 with the condition that a 20 foot strip of right-of-way be retained for public use - A The Parks and Recreation Board has also re- quested that it be permitted to preLent its point of view to the City Council, and be officially included in the recommendation process on future cases that warrant involve- ment. The Parks and Recreation Board meets on October 31, 1983 and minutes from their meeting will hopefully be available at the City Council meeting. 4 - A 'k (D-33) Page 3 ALTERNATIVES: 1) Approve disposition with condition(s). 2) Approve disposition without condition(s). 3) Deny disposition. 4) Table for future consideration. ATTACHMENTS: 1) Map 2) April 19, 1983 letter from Mr. Dale Irwin 3 June 3, 1983 letter from Mr. Dale Irwin 4) Planning and Zoning Commission minutes of June 22, 1983 S) Planning and Zoning Commission minutes of September 28, 1983 6) Development Review Committee minutes of May 24, 1983 7) Development Review Committee minutes of September 20, 1983 David son Development Revie,,, Planner i *n' *~I Y~~ g iT.~ k~t„r~'1 r, .tr~r. yr ~y.`. i p~,`•j ~ ~ ~~T~"' a trJi.,{~ *.r~F ° ~ f rr~~ 1 R =J LV Vx I.• T~ 1~ . I - - IQ2.S se' sc+' 32 210' s 6 9 16 - 14" 13 12 11 a 15 " 13 1 II 10 15 ' So' 6~' as SO' ,le' a2 s' 425.49' i WEST PRAIRIE 75. I 100 I 0 2 3 4 5, in N 00 I rs 1to o, Qoyc601, f 7 6 Q IL " V • g 22 ' R 18 9 8 3a2.0A' ~ o A 4 ~ 10 -fro a 3 I ~ 1ro' . ~ o•.A• I es' e s 11.2 ore rd~cb s , # ti•'C o o ~ ~ ' 'o h CY -N ~ N 4^ (mil •o ' 4 14 13 12 " 11.1 II 12 o e o e ' •a. s e se•t HI Alvp"N P~psl'4ien Rquo-s~ .u ,de a . d .M aG~°•' s a 2 3 4 j 5 6' 1 • • • ?rea;•~ J°? ~~b i ue 12; ee pe t ~ ~ ^ V r •~A, 11 1~ ~ V /a .CVO 1 u~..• eon, i:. K NO °•Y~ y , tl r . ~ r i.. ~ i Le' ,t + e t - t~ tl T:. 'fit, r^3,e '.P +U n~ T .i. w . City of Denton City Council Hiatus$ Hefting of July S, 1984 PAS* Nine • Bill Angelo, Assistatt to the Dire r^r of Public Works, reported that development of the new landfi.l site was be inning. It was necessary to retain HDR to provide tonstraction administration and inspectlonal services relating to tuose portions of the project which were landfill speciality items. Alford motion, McAdams second to approve the agreement with HDR. Motion carried unanimously. 10. The Council considered approval of an agreement with Rone Engineering for engtneertn$ and tasting services relative to the development of the new landfill. Bill Angelo, Assistant to the Director of Public dorks, reported tnat tnis ttee was similar to the HDR agreement on development of the new landfill site and was another landfill speciality rtes. Council Mamoer Stepaens asked acout the cost on the l.adfili. Angelo reported tnat the total cost would come to 41,100,000.00. Lae lower will woul u fate 30 working days to complete. t:ouncil Aember btep„ens asked w,ten the landfill would ne ready. Anileu res Jed tnat, depenJing uon the wea0er, the landfill possibly cuuld be ready for use SovesterA, IM, Hopkins motion, Cnew second to approve tae agreement with Rone Engtneering. 'lotion carried unanimously. il. Lie CouuCll constdered emoving Jisp3iLtton reytest D-33 tr,i t-;e tioie. hv,~ld3 V1tt.711, ntk ltCUnd tJ CCIUle J•!) !'1 !n! I I .)t 1')n A C.- l',, i. 1 1 '1 J 1 4 i~. t.. Lae Jlrlcli constdered aQp:95•Jl it iip,lilti.n j: C<!SS t.arrJtl dou,evAci ri;nt-of-44y Jet-.ieea .test r~,lrte i1J Ali'lian' ~lrett. J-J; w_•nise '3pLrey, uerel)pment devtew Ylanner, reported toot tnc tree ie .1 .J .:.t 4t i't~ -4dlG.1 ) 3d 4e4!n , n,l^ f• lLJ,1t10I1A,- for Jrr)il douleYdrJ. -,~•Jr JCe...ait +tt '..itt it ICIt It iuU1J 't°. ] S.f: L•:, t s-• C.,e ,!r-uperty. t.uui,clt .Iem0er ICAJi,,li Sail tnat tnt City c04lJ 1)k° attracti.e. ,:ounctl lember recommend lisposlti.a stt•ip naJ uctn '~mrt .4tJe fur •:iJaning >f that Carruli ias oeur. .rldened t to City sae-Al: ~ It the tax roll. Steve drtnkman, Director of Parks and keereation, reporLeJ teat t.nr Parks department recommend retaining the land as a 1indsu pe setricx for tae ievelopaents Jn tarruli, drinkmin further iske,l tf th- Lounctl JiJ approve Oe sell of the rlgnt•)i*4iy, that tam iurlJ3 •t Jaed fOr l.ity beautification efforts, Caew motion, Stepaens second to Jisyose if tae +cr.ss +r c-111 Boulevard right-of•way. Notion carried t to 2 with Stewart and McAdams casting the nay votes, 13. mere was no official action oo Executive Session items of legal matters, real estate, personnel, or board appointments. DID , n BID Is 464 eT Yh. ~lti.+tiJ ~`R CD SS rj~ hl S OPEN O ACCOUNT ~ A QTY. ITEM DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR 1 l T`T~'a.1C A~+~ 5 (2s ~ ~ 9 r t r Y + V, ~N t vq wr, r, . ,1~ 1;, Fr } 4 va ~`a- `b ` b 1M1101i y,ir IPOSA1,3 TaNl oi` J tTiM CISCAI PTtON - CUAN, PtttC1 AMOUNT 1, Property northeast corner of Carroll Blvd. and Highland Street and consisting of 2 tracks on the east side of Carroll Blvd. See attached drawing, n Track A - Price Per Square Foot S 2 rr Track S - Price Per Square Foot f_ N O ~1 O The following should be part of the stipulations for the bid process: 1. This tract will be bid on a price per square foot (the exact footage to be determined by a boundary survey). 2. The boundary survey will be provided by and paid for by the person sw tided the bid survey to be performed by a register%A surveyor#. 3. A twenty foot (20r) parkway will be retainad slang Carroll Blvd. It f TOTALS W We quote the above Co.b. Denton, Tour. Shipment an be made in dart from receipt of order. Terms net uMess otherwise Indicated. to submitting the above bid, the vendor agrees that acceptance of any or an bid items by the City of Denton. Teas wthin a retsonabIt period of time constituesa contract. Native Mawe ! bear fir= uro>r 'TX ?x,201 _ C1•a,l~, k S~'r.:~t~ tar YrU car Lpatu •e 02 211111 r ywb ',R 5i:.~ 1s "'"`"gip oaaT BID INVITATION cty of Denton 901-E Texas be CffY OF BENZ . TEXAS Denton, Tomes 70201 04% F9brulry 1/r IMS 910 NUMBER 9417 BID TITLE SALE OF CITY OWNED EXCESS RIGHT-OF-KAY PROPERTY SmW bid propoleb wiN be Halved uMN 200 am. Tom Stirtgley febru+ry 26. 1996 4104 call" 0 ft P.O. Box 1192 Purchasing Agent. 001.0 Teas St., Osnton, Taxes 76201 Dentnn. TT 70n9 For addnbnallnlomytlonoonteet Jaw J. MAROHAIL O.P.M. T0M M SwAw, C.P.M. nrtanwe.ar t wra INtthHeat how Office DOW metro IST-s"iI. hTA170012 INSTRUCTIONS TO 11100011 1. Settled bid WopoasN mw1 be rraMvaa a duphltats, on We form, price to oWing dale and time to be aaaidvad. Late pro"We wM be returned unsprtd. L Bids Aell he plainly marked n to the bid number, name of the bid. end bid opening date on the outf+ea of compfeteltr Na1sd envolaae, end moiled of da ivered to the Purchasing Department. City of 0entoa 901.0 Taus St. Denton, Tx 70201 a a Any eubnibNd &AlMS daNllog tram the "Wheanone nklat be Idet b and have fuN deaeAOtM ants aoaorroanMro aanat, a N wW nor k oenMdred. l AN FW AeM IN to be Ovate l F00 Denton. Totem del - ad to the floor of the wetMplse, of ore *the We mdkatad L The Oty of Owft% Twee reason ea that rWA to soapf sap itato Nerve In a bid unless this right at dried by this bidder. L In comes M MauN Or bid aeeeWanee, the CRY of Denton. Tomas rosy M no oolan hold the socepled bear or contracts Rabls for my and as "Aso( Inoruaad ogre as a WAly lot such defauk. 1. That DWI of 001 lax tsaan, tM right to tap" any and ant Nor, to want ore 1nformailt4d and tepuve anal evemtted bide (eewn N face fat a al,y 101 day penal alto j of Walt Sera is made; viNthevar Canes hrr. L The auanabal shown maybe apv9umatr and could very aceording to the re0uwran+ante of the Crly of Denton throughout the contract osrlod, L TM MMtat We fo be Wiest! Isiah rot. ^01ka01 W or aMppng euanullee vAN be oa+eldvad.) 10. The PtoohaNg 0eparotatnt low" raepoM ibhlNy For the corlectrwa and curly of No Nd, and on etormation sow Oues110M psi einkg to this bid ante be dlr bd to the Gat of Donlon Purchis" Agri, 11. Any stlertlpl to negotlsta or ghe Inforeattion in the contents of Ihll bid with the Gy 01 Donlon Of nor rapfa ointstlves p w to award ehMt psi OWAN for dtaeuelikat,ons. IL TM certdNlone and tome N die bid wIN bs consWa whom evefwting fa (weed. 1). This Gty of Oman 16 nempt hen ON Wee and anclae tuna. 1Mtte 20.0a•01 I 1nli ,.A ff .i' 4 T t S i "J SO NUMM 9417 SID PROPOSALS Pays 2 of ~ IiaM Wets MTiOn WAN. fYtlre AMOtINr Property northeast corner of Cai roll Blvd. and Highland Street and consisting of 2 tracks on the east side of Carroll Blvd. See attached drawing. Track A - Price Per Square Foot Track B - Price Per Square Foot $ The following should be part of the stipulations for the aid process: 1. This tract will be bid on a price per square foot (the exact footage to be determined by a boundary survey). 2. The boundary survey will be provided by and paid for by the person awarded the bid (survey to be performed by a registered surveyor). 3. A twenty foot (29') parkway will be retained along Carroll Blvd. TOTALS we quote the ebote f.o 0. Orton. ToXSL 9a0mon1 nn 1116 made in ,deye from renlpt of Order. Terms not union otMneiso Indiotsd. In submitting the obove bid, tM wedor bgrool Nut exeptsmes of my Or oil bid iteml by the City of OeMOM. Totes *01A 1 rNSOrubie period of time COnetitWS 1 CMVIC11 Lcnv two re Worneture Y f1_ 341-ee45 r~er,w na PURCHAMNO 01111ARTMINT city of Denton BID INVITATION Bo14B Toeu St CITY OF BRIM va Denton, Texas 76701 Date February 14, 1986 BID NUMBER 9417 010 TITLE SALE OF CITY OHRED EXCESS RIGHT-OF-WAY PROPERTf awed bid proposals wW be reotlgd unta 200 p.m. Dale Irwin Fabrur ry 26. 19AS &I IN office of this Irwin Insurance "hissing Agent, 901.8 Texas St. Denton, Tues 76701 419 S. Carroll Blvd, Denton, TX 76201 for adalonot tnfdnMtan contest Jaws J. MAf16HALL C.P.M, Tots D. Stow, C.P.M. tVaM04" wrn ~ nyw01110o hQW Of" 01" MM Iti-0Mptt hileiCOm! WI MUCTIDNB TO BIDDER$ 1. 6"Md bid pr poach MM be Out in dWicale, on lea form, prior to opa" dote and Ume to be considered. late Prepwela Will be returned ur4p6n" 2 Bide shsA be plainly marked as to the bed number, name of the bd, and bid opening data on the outside of completely k6alsd envelope, and wiled or delivered to the Purchasing Oeparonent City of Denton. 901•B Texas St. Denton, T% 76701. i, 1 Any eubtkt!w a W 1 dior"V tram ft apaaneawno must be damned and hen fuS d"aatrre au~aeoorrtpertykq ssaw a e w4 Noe be AA I ',lot Is. a. An ntoto w to be it, d KA Denton, Texas, delivered to the flea of the woodu s, at w otherWSSe wwlem es. `he Ciy of D6MOn, Taw Ole, the Agld to woepf a6penb HIM vi a bid unleee Uta HgM is Am%sd by the bidder. a in oao of Lvhtllt Sher bid woeptenci Uv City of D«roon, TOM nay at No potion hold the accepted adds or tontrSetor Mabel a► SHIP and W m"tw4 Ina ""d *we M a PWOty for such d &UK 1. The qty of De too ram the eqM to reNor My and 0 bee. 10 w" a0l NdormUltfM End Muxe " faomttnd ada remain N for" lot a sixty 1601 it" period after o"Hktg or uMM ward 4 mace: whWMrer cart" Will. i a The Quantities shown maybe $00foumala and could very aeeormng to the reouaemenre of the City of Denton thtoughoutthe Contract period. l The Rom we to be vim Soon net Veoks" awe me QwMSi""be considered.) to The pwoho" 0"erfmertt morn" raponei1i Py for tM cotreetnew and deny of IMa ad. end MA information ender Qu"ttem PWW&4 to the bid ache be dksot" to the qty of Oman Aitwaing Agent. II. Frey attempt a ~1816 ON give inarmatlon on the contents of this bw With the City of D6nlon of it r6 owistnes pna to award OW be 9WM for d 8dwuflca0on4. it The oondltlone and terms of this bid rip be eonalderad ohm eruwting fa ward. 11 TM cry Of Demon is exempt from an aetoe and excise tae". Mick. 20 Oafi yq6 X U u R Nf~ rte P, 1 was +.5'1V a 1 r R?~mt BID What 9411 BiD PROPOSALS Pose 2 of 3 ITtM OGWWTION OMAN. mice AMOUNT 1. Property northeast corner of Carroll Blvd. and Highland street and consisting of 2 tracks on the east side of Carroll 81vd. See attached drawing. Track A - Price Per Square Foot S Track 8 - Price Per Square Foot S J-.2 The following should be part of the stipulations for the bid process: 1. This tract will be bid on a price per square foot (the exact footage to be determined by a boundary survey). 2. The boundary survey will be provided by and paid for by the person awarded the bid (survey to be performed by a reg!stered surveyor). 3. A twenty foot (20') parkway will be retained aloeg Carroll Blvd. TOTALS we quote the above f.o.b. Demon. Tlua. Sh o"Wt an be mode in_^ devt from reopot of order. Terms net umete otherwife Mlosted. In k bm ttinq the above bid, the vendor prat that I*Mtsna of ury or III bW itentl by W City of 0entoeL Texas w th.n a r Nlorwbw or iod of time mostitum I wo". A4 ,17 44~0/,vv' Nl line ANNA t L ~ / 7!`.~ 1 ~artna 7i Rte=-L1 eMv p.J Sate ne liene!rN - Z4 G T Tlee 4 r i ,fin _ t+ '3"o a v' i •i' fr DATBt as/02/a5 CITY COUNCIL REPORT FORMAT +r T0: Mayor and Members of the City Council A FROM: G. Chris Hartung, City Manager SUB.TECT: HOLD A PUBLIC HEARING REGARDING THd PETITION OF THE CITY OF DENTON FOR ANNEXATION OF APPROXIMATELY 136,588 ACRES BEGINNING APPROXI- MATELY 500 FEET EAST OF THE CENTER LINE OF US HWY 377 AND SOUTH OF BRUSH CREEK ROAD iA-111 RECOMMENDATION: The Planning and Zoning Commission recommended approval at its meeting of Match 13, 1985. SUMMARY: This is an involuntary annexation request for 172 acres called thu Woodcreek Subdivision, located Along araah 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 submitte : • G. Chri Har un Prepare bye:JCity Manager David Ellison Senior Planner App ove Jeff Me Director of Planning and Community Development 0736) AYr CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MESTINO DATEt April 2, 1985 SUBJECTi Hold a public hearing regarding the pet: :ion of the City of Denton for annexation of approxi- 500 mately 136.58 acres beginning approximately feet east of the center line of US Hwy 377 and south of Brush Creek Road. (A-11) SUMMARY. On July 3, 1984, the Planning and Community Development Department reported plans for a proposed 172 acre development consisting of predominately single family housing, townhouses, six acres of commercial, and approximately three acres of retail and multi-family. The site is currently located in the extraterritorial jurisdiction of the City of Denton and the City 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 be planned in con- junction with the City of Argyle, because it too is in a dual service area and extending City of Denton mains is not a feasible alternative. Sewer service is to be provided by the City of Denton. The Development Review Committee has reviewed a preliminary plat of the proposed development (Woodcreek Suhiivision) and has withheld a recommendation of approval pending comments and acceptance of the Argyle Water Company for requested sale of water. The south half of Brush Creek Eoad for a distance of approximately 1,625 feet is included in the proposed annexation. ACTION RdQUIM D: No action is required to continue the annexation process R9COM!149NDATIONs The Planning rnd Zoning Commission recommended approval at its meeting of March 13, 1985. ~ {rye fr} l yr , City Council Back-up Page 2 PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTEDt police, Fire, and Sanitation Departments will have to provide immediate services upon annexation for any existing housing or population. ATPACNM9NTSi 1. Annexation Map 2. Service Plan 3. Memorandum from Charles Watkins, Former Senior Planner, to the Denton City Council 4. Annexation Schedule 5. Minutes of the Planning an3 Zoning Commission meeting of March 13, 1985 son Senior Planner 07209 1L♦ { r♦ t + 9 Ar♦ y,i~.,. Y YAM i.;t ti :v'r ' I 1 ba \ , ' I FA-11 if • it ♦ , I.r~~ ,r~_~ ti .....~..t~~ .fir i l l _ I1 1 E i ' i ~1.r.~ ..r r r ~~J ra. . rr r •I 1 ~ _ •y Y Y J, 4 ! JL,T i l.J[ r,Prn ti rt6. n e„. ~ rv i,. PLAN OF SERVICE FOR ANNEXED AREA, CITY OF DENTON. TEXAS WHEREAS, Article 970a as amended requires that a plan of service be adopted by the governing body of a city prior to passage of an ordinance annexing an area; and WHEREAS, the City of Denton is contemplating annexation of an area which is bounded as shown on a map of the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: Section 1. Pursuant to the provisions of Article 970a as amended, Texas Code Annotated, there is hereby adopted for the proposed annexation area the following plan of service: 1. Basic Service Plan A. Police (1) Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective date of annexation; (2) Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards. B. Fire (1) Fire protection by the present personnel and equip- ment of the fire fighting force, will be provided on the effective date of annexation. C. Water (1) Water for domestic, commercial and industrial use Rill be provided at city rates, from existing city lines on the effective date of annexation, and thereafter from new lines as extended in accordance with article 4.09 of appendix A of the code of the City of Denton, Texas. D. Sewer (1) Properties in the annexed areas will be connected to sewer lines in accordance with article 4,09 of appendix A of the code of the City of Denton, 'texas. E. Refuse Collection (1) The same regular refuse collection service now pro- vided within the city will be extended to the annexed area within one month after the effective date of annexation. A: • ~5~~ ! v a t >S. ! n k" ' t F"' rr• , i v t.ruw ',i. .r e Service Plan Annexed Areas Page two F. Streets (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc.) will begin on the effective date of annexation, (2) Routine maintenance on the same basis as in the present city, will begin in the annexed area on the effective date of annexation, (3) Reconstruction and resurfacing of streets, installa- tion of storm drainage facilities, construction of curbs and gutters, and other such major improvements, as the need therefore is determined by the governing body, will be accomplished under the established policies of the city. G. Inspection Services (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc,) will begin in the annexation area on the effective date of annexation, K. Planning and Zoning (1) The Planning and Zoning jurisdiction of the city will extend to the annexed area on the effective date of annexation. City planning will tbereafter encompass the annexed area. I. Street Lighting (1) Street lighting will be installed in the substan- tially developed areas in accordance with the established policies of the city. J, Recreation (1) Residents of the annexed area may use all existing recreational facilities, parks, etc., on tte effec- tive date of annexation. The same standards and policien now used in the present city will be fol- lowed in expanding the recreational program and facilities in the enlarged, city. K. Electric Distribution (1) The city recommends the use of City of Denton for electric power, 77% 'F I ^ a S iF} 'il 7 .P .r yIF }f `rC 1 is Service Plan Annexed Areas Page three L. aJiscellaneous (1) Street name signs where needed will be installed within approximately 6 months after the effective date of annexation. II. Capital Improvement Program (CIP) The CIP of the City consists of a five year plan that is up- dated yearly. The Plan is prioritized by such policy guide- lines as; (1) Demfor and services on i density compared of p populationt,e based magnitude of problems compared to other areas, established technical standards and professional studiee, and natural or technical restraints or opportunities. (2) Impact on the balanced groW.h policy of the city. (3) Impact on overall city economics. The annexed area will be considered !or CIP planning in the upcoming CIP plan, which will be no longer than one year from the date of annexation. In this new CIP planning year the annexation area will be judged accordingly to the same established criteria as all other areas of the city. n 4 r t.,♦ n e d~" r!r". n F 'x t :F "Y n .;x kf+ 'zY r 1i. e w e Ili - r" 1 CITY OF DENTON MEMORANDUM 1 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 Hone Park/Subdivision.. Land use is to be manufactured housing on typical 5,000 square foot lots. The existing Vacation Village is served by its own water district and the additional proposed development is also within this water district. It will not be possible to annex only the site proposed for de- velopment because the annexation statute requires that a city cannot annex part of a water district but must annex all of R wr.ter 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 proposing a mixed use develop-ent on a tract cf land consisting of approximately lit 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 Gf commercial or retail .'.ses and aYprexir,,ately 40 to 50 lots for townhouse development backing up to U.S. Highway y 5 a~.b a r, +.n + `Chris Hartung June 19, 1984 Page Two 377 with the remainder of the tract to be divided into approxil- mately 1/2 acre single family lots. This particular site is approximately 2 miles south of the urbanized area of the city of Denton. Jew Char es S. Wat ins aq t 0624a i A-11 ANNEXATION SCHEDULE ✓February 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 v March 06, 1985 Notice to Denton Record Chronicle ✓ March 08, 1985 Publish notice and mailout March ll, 1985 Submit agenda item March 120 1985 Submit agenda back-up *March 19, 1985 City Council holds public hearing v March 20, 1985 Notice to Denton Record Chronicle March 221 1985 Publish notice and mailout r March 25, 1985 Submit agenda item March 26, 1985 Submit agenda back-up *April 02, 1985 City Council nolds public nearing 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 Publi©h 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 -'-'~'PC"_~~ a~ ~ « > ,r„-" ~ y C--• ~p fi'n' S r C v i yr Ti , 1r`tiw ~ + T:~, r II M 5 tv s I I` f~W ~ .ivy 1 rear ~l V P 6 Z Minutes Starch 13, 1985 Page 8 Mr. Bell stated he did not recently move onto this channel, he has been there for five years and statel he did not have a water drainage problem until developers up the road started to develop. He said he has been in business since 1951. At this location, there has been a beauty shop and a Horse Shce inn. Ile stated he is not a developer, but a contract plumber and his inten- tions are not to go in and diviae this tract up into lots for sale. Chair declared the public hearing closed. Mr. L;Forte made a motion to approve the petition of Robert Bell, requesting a variance of Article 4.15 of the City of Denton Subdivision and Land Development Regulations, with respect to drainage requirements, on a development consisting of a one acre tract located on the west side of Duncan Street between Smith and Dallas Drive (V-12). Seconded by Mr. Juren. Mr. Sidor commented that apparently the city has had. problems previously with other developers. He asked if they have put up their money for drainage improve- ments and we grant a variance, how will they feel. Mr. LaPorte commented it those developers wanted a variance, they should have come and asked for it. He aided, he doesn't know their particular case or even if they would qualify for a variance. Vote was called and motion passed unanimously (6-0). E. Consider recommending approval of preliminary and final replat of the John A. Hann's Addition, Block 2, Lot 4-R1. Ms. Carson stated this is a tract of 0.749 acres east of Austin Street and south of Hann Street. Tho site is zoned multi-family and multi-family development is anti- cipated. She added the problems with Building tnspec- tions have been worked out and Development Review Committee recommends approval. vo one spoke in favor or in opposition to the request. Chair declared the public hearing closed. Mr. Juren made a motion to recommend approval of the preliminary and final roplt;t of the John A. Hann's Addition, Block 2, Lot 4-R1, Seconded by Mr. dscue and unanimously carried (6-0). V. Considerations A.r Recommend approval of the petition of the City of Denton for annexation of approximately 136.58 acres beginning approximately 500 feet east of the conteriine of U.S. Highway 311 +nd south of Brush Creek Road (A-M. Mr. Ellison ,toted on July 3, 1984, the Planning and Community Development Department reported plans for a proposed 112 acre development consisting of predomin- ately single family housing, townhouses, six acres of commercial, and approximately three acres of retail and multi-family. He stated this property is a good example of why we have developed the Subdivision and Land De- velopment Regulations. Resi:denttal development does not pay for itself especially in the area of water and sewer. The site is currentky located in the extra- territorial jurisdiction of the City of Denton and the r .r bJ d ~.s . y rv•.;( r ~V ' Y '`'f T r ,fix ~y.. , .y P i Z Minutes March 13, 1985 Page 9 City Council directed staff to begin annexation pro- cess. He continued due to delays in obtaining a proper legal d..iscription, changes in staff responsibilities, and questions concerning utilities services processing of the annexation petition has been slower than usual. He added electric service is available from both the City of Denton ana TP&L. Water service must be planned in conjunction with Argyle, because it too is in a dual service area and extending City of Denton mains is not a feasible alternative. Sewer service is to be provided by the City of ,,enton. The Development Review Committee has reviewed a preliminary plat of the proposed develop- ment, wooicreek subdivision and has withheld a recommend- atlon of approval peniing comments and acceptance of the Argyle Water Company for requested sale of water. Mr. LaForte male a motion to recommend approval of the petition of the City of Denton for annexation of approx- imately 136.58 acres beginning approximately 500 feet east of the centerline of U.S. Highway 377 and south of Brush Creek Road (A-11). Seconded by Mr. Sidor and L.tanimously carried (6-0). B. Recommend approval of the petition of the City of Denton for annexation of approximately 65.12 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 an! surrounding properties) (A-13). Mr. Ellison stated the Holigan Development Corporation wishes to expand and improve the extAting Capricorn Mobile Home Park. The existing park is situated on approximately 30 acres and an additional 63 plus acres is proposed for mobile home land use at approximately 6 to 7 unite per acre. Up,33raled utility service to the existing mobile home park is a potential plus of the proposal. He continued, a preliminary plat of the area proposed for expansion has been submitted for review. The City Council issued a directive to staff to initiate the annexation process of the existing park and proposed area of expansion at its meeting of December 18, 19x4. He added the Planning and Zoning Commission, the Public Utilities Board and the City Council approved a request for the extension of City utilities to the site. He added, the city will have to provide water, sewer, and police protection. On question from Mr. Sidor, Mr. dllison stated the sewer would be extended from oeesling Road across to Capricorn. They are currently using septic systems. Mr. Juren made a motion to recommend approval of the petition of the City of Denton for annexation of ap- proximately 65.12 acres beginning 3SO fast south of and perpendicular to the centerline of U,S. Highway 380 and east of Goading Road (Capricorn Mobile Home Park and surrounding properties) (A-13). Seconded by Mr. 9i4or and unanimously carried (6-0). C. Recommend approval of the petition of the City of Denton for annexation of approximately 42,35 acres of land situated in the 9. Hutear Survey, Abstract 514, and beginning approximately 500 feet north of and perpendicular to the centerline of US Highway 360 and vast of Hatch Branch Road (A-15). Mr. dllison stated this annexation represents the balance of the Tri-Steel Structures, inc., property beginning at the northeast corner of 380 wait and i 'fy~.r a _ ,.r 1 ! p ty1 ^1 .l _ v Tz, 1 I y`' ' :h q F +i 4E ' i DI1'fBS -04/61/83 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council g1 B FROMs 0. Chris Hartung, City Manager 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 HHY 380 AND EAST OF GEESLING ROAD (CAPRICORN MOBILE HOME PARK AND SURROUNDING PROPERTIES A-13) RECOMMENDATION: The Planning and Zoning commission recommended approval 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 preliminary plat has been submitted for review and acceptance by the Development Review 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 150 residents currently at Capricorn Mobile Home Park. Projected population, if ultimate development is approved as proposed, is 1,625. Building Inspection, Solid Haste, Police and Fire departments would be required to provide immediate City services upon annexation. Other City departments or programs such as the Libcary will also be impacted upon annexation. FISCAL IMPACTS Undetermined Respectfully submitted 6 Prepared by: A+ G, Chria Her n II ~ca.~.l city Manager David Ellison Senior Planner Appro ds Jeff Meye Director of Planning and Community Development 9736] >r sy...7r 4 sl f.'. ~ Xw tf r p f CITY COUNCIL AGENDA SACK-UP SUMMARY SHEET MEETING DATE: April 2, 1985 SUBJECT: Hold a public hearing concerning the petition of the City of Denton for annexation of approxi- mately 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) SUMMARY: The Holigan Development Corporation has proposed to expand and improve the Capricorn Mobile Home Park. The existing mobile home park is situated on approximately 30 acres, and an additional 63* acres is proposed for mobile home land use at approximately 6 to 7 units per acre. Upgraded utility service to the existing mobile home pack is a potential plus of the proposal. Continua- tion of the pattern of concentrating manufactured/ mobile home park land use in east Denton is a major policy question. A strip of the existing park and property located along the Hwy 380 frontage is already in the city limits. A preliminary plat of the area proposed for expansion has 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 area of expansion at its meeting of December 18, 1984 The Planning and Zoning Commission, Public Utilities Board, and City Council approved a request for the extension of City utilities to the site. ACTION REQUIRED: No action is required to continue the annexation process RECOMMENDATION: The Planning and Zoning Commission recommended approval at its meeting of March 13, 1905. PROGRAM'S, DEPARTMENTS. OR GROUPS AFFECTED: There are approximately 150 residents at Capricorn Mobile Home Park. Projected popu- lation, if ultimate development is approved as proposed, is 10625, } F 1 et ( 1 city Council Back-up (A-13) Page 2 PROGRAMS DEPARTMENTS, OR GROUPS AFFECTED (Continued): Building inspection, solid Wastes 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. Service Plan 4. Annexation Schedule 5. Minutes of the Planning and Zoning Commission meeting of March 13, 1985 ouj &&~' David Ellison Senior Planner 0719)(4) _.N~. hs. K+` '.t aVr+v o- > µ*•T-~~+'~'1+••~ ....-...r.~..~y.~..ra.4r+'^.w~JIW+~+~'•wY--W.•. rv ....,~A 1 I ac. \ ~k-, f ;I. . ~kj \ I 1' `s f •7 ^ / ~ ~1 Y~ a f e* Ar. s +i -auJL I_ kdvu I - . Wnvl t 1 L *4*-~ art 1 M IN I.M{Yy ryl Mw. 1 w. h MI . L M.MM• .N KI KI KI MI I. M ! ~ JY J IM MiYK M WN, YI. Ml K Y \ 11 1 I ,•J,\ ~ ~ # ~ I t MJN J s ~ 1iI it _ 1 1f ~ its i t PLAN OF SERVICE FOR ANNEXED AREA. CITY OF D$NTON, TEXAS WHEREAS, Article 970a as amended requires that a plan of service be adopted by the governing body of a city prior to passage of an ordinance annexing an area; and WHEREAS, the City of Denton is contemplating annexation of an area which is bounded as shown on a map of the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; Section 1. Pursuant to the provisions of Article 970a as amended, Texas Code Annotated, there is hereby adopted for the proposed annexation area the following plan of service: I. Basic Service Plan A. Police (1) Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective date of annexation; (2) Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need therefore is established by appropriate study and -1-raffic standards. B. Fire (1) Fire protection by the present personnel and equip- ment of the fire fighting force, will be provided on the effective date of annexation. C. Water (1) Water for domestic, commercial and industrial use will be provided at city rates, from existing city lines on the effective date of annexation, and thereafter from new lines as extended in accordance with article 4.09 of appendix A of the code of the City of Denton, Texas. D. Sewer 4 (1) Properties in the annexed areas will be connected to sewer lines in accordance with article 4.09 of appendix A of the code of the City of Denton, 'texas. E. Refuse Collection (1) The same regular refuse crillection service now pro- vided within the city will be extended to the annexed area within one month after the effective date of annexation. x x 4 a i ) • t~ v~l' 4 S / Service Plan Annexed Areas Page two F. Streets (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc.) will begin on the effective date of annexation. (2) Routine maintenance on the same basis as in the present city, will begin in the annexed area on the effective date of annexation. (3) Reconstruction and resurfacing of streets, installa- tion of storm drainage facilities, construction of curbs and gutters, and other such major improvements, as the need therefore is determined tv the governing body, will be accomplished under the established policies of the city. G. Inspection Services (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc.) will begin in the annexation area on the effective date of annexation. H. Planning and Zoning (1) The Planning and Zoning jurisdiction of the will extend to the annexed area on the effective date of annexation. City planning will thereafter encompass the annexed area. 1. Street Lighting (1) Street lighting will be installed in the substan- tially developed areas in accordance with the established policies of the city. J. Recreation (1) Residents of the annexed area may use all existing recreational facilities, parks, etc., on the effec- tive date of annexation, The same standards and policies now used in tho present city will be fol- lowed in expanding the recreational program and facilities in the enlarged city, K. Electric Distribution (1) The city recommends the uses of City of Denton for electric power. AW41 . ~ ~ Service Plan Annexed Areas Page three L. Miscellaneous (1) Street name signs where needed will be installed within approximately 6 months after the effective date of annexation. II. Ca.pital Improvement Program (CIP) The CIP of the City consists of a five year plan that is up- dated yearly, The Plan is prioritized by such policy guide- lines as: (1) Demand for services as compared to other areas based partly on density of population, magnitude of problems compared to other areas, established technical standards and profes3ional studies, and natural or technical restraints or opportunities. (2) Impact on the balanced growth policy of the city. (3) Impact on overall city economics. The annexed area will be considered for CIP planning in the upcoming CIP plan, which.will be no longer than one year from the date of annexation. In this new CIP planning year the annexation area will be judged accorlingly to the same established criteria as all other areas of the city. A-13 ANNEXATION SCHEDULE February 25, 1985 Submit agenda item February 26, 1985 Submit agenda back-up *;+larch 05, 1985 City Council sets date, 4..ime and place for pubblic hearing March 06, 1985 Notice to Denton Record Chronicle March 08, 1985 Publish notice and mailout March 111 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 261 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 *Apri.l 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 i *Denotes action riy the City Council 0964g P & Z. Minutes March 13, 1905 Page 9 • City Council directed staff to Login annexation pro- cess. He continued due to delays in obtsinin3 a proper legal asscription, changes in staff responsibilities, and questions concerning utilities services processing of she annexation petition has been slwwer than usual. He added electric service is available from both the City of Denton and TP&L. Water service must be planned in conjunction witn Argyle, because it too is in a dull service area and extending City of Denton mains is not a feasible alternative. Sewer service is to be provided by the City of Denton. rho Development Review Committee has reviewed a preliminary plat of the proposed develop- meet, Woodcreek Subiivtision and has withheld a recommend- ation of approval pending comments and acceptance of the Argyle Water Company for requested sale of water. Mr. LaForte male a motion to recommend approval of the petition of the City of Denton for annexation of approx- imately 136.58 acres beginning approximately 500 feet east of the centerline of U.S. Highway 377 and south of Brush Creek Road (A-11). Seconc:ed by Mr. Sider and runanimously carried (6-0). B. ' Recoamend approval of the petition of the City of Denton for annexation of approximately 65.12 acres beginning 350 feet south of and perpendicular to the centerline of U.S, Highway 380 and east of oessling Road (Capricorn Mobile Home Park and surrounding properties) (&-M. Mr. Ellison stated the Holigan Development Corporation wishes to expand and improve the existing Capricorn Mobile Home Park, the existing park is situated on approximately 30 a.ras and an additional 63 plus acres is proposed for mobile home land use at approximately 6 to 7 units per acre. Up tided utility service to the existing mobile home park is a potential plus of the proposal- He continued, a preliminary plat of the area proposed for expansion has been submitted for review. The City Council issued a directive to staff to initiate the annexation process of the existing park and proposed area of expansion at its meatin; of December 18. 1984. He added the Planning and Zoning Commission, the Public Utilities Boar,i and the City Council approved a request for the extension of City utilities to the site. He added, the city will have to provide water, seer, and police protection. On question from Mr. Siior, Mr. dllison stated the sswer would be extenied from Ososlin3 Road across to Capricorn. They are currently using septic systems. Mr. Juren made a motion to recommend approval of the petition of the City of Denton for annexation of ap- proximately 65.12 acres beginning 350 feet south of and perpendicular to the centerline of U.S. Highway 380 and east of Oeeeling Road (Capricorn Mobile Home Park and surrounding properties) (A-13). Seconded by Mr. Sidor Lnd unanimously carried (6-0). C. Recommend approval of the petition of the City of Denton for annexation of approximately 42e3S acres of land situated in the 9, Hussar Survey, Abstract 514, and beginning approximately 500 fert north of and Highway 380 and porperAtcular Masch t Branch t Road M1e (Aof U t1S), Mr, Ellison stated this annexation represents the balance of the Tri-Stool Structures, lnce, property beginning at the northeast corner o: 300 west and M r s * 77 D08s 04702/85 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM. G. 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. FORREST SURVEY, ABSTRACT 417 AND BEGINNING APPROXIMATELY 250 FEET SOUTH OF AND PERPENDICULAR TO THE CENTER LINE OF FM 426 AND APPROXIMATELY 2,000 FEET EAST OF MAYHILL ROAD (A-14) RECOAMENDATION: The Planning and Zonin7 Commission recommended approval at its meeting of March 131 1985. SUMMARY: This is the site of a proposed development consisting predominately of 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: i This is a voluntary annexation request and a change in zoning pro- posal was considered by the Planning and Zoning Commission at its meetings of March 13, 1985 and February 27, 1985. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Approximately 2 dwelling units and 5 residents currently reside at the site. All City of Denton departments and programs providing basic services such as Police, Fire, Solid waste, and Library are affected. FISCAL IMPACT: Undetermined Respectfully abmitted • 0. Chris Hartung Pr area b}: City Manager i David Ellison Senior Planner Ap ov Jeff M Director of Planning and Community Development 0733] TIVII CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: April 2, 1985 SUBJECT: Hold a public hearing regarding the petition of R. O. McDonnell 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 perpendicular to the center line of FM 426 and approximately 2,000 feet east of Mayhill Road (A-14) SUt24ARY: This request is voluntary, and the purpose is to control development and zoning. I ACTION REQUIRED: No action is required to continue the annexation process RECOMMENDATION: The Planning and Zoning commission recommended approva? at its meeting of March 13, 1985. 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 atte in question. j ATTACHMENTS: 1. Annexation Map 2. Service Plan 3. Annexation Schedule 4. Minutes of the Planning and Zoning commission meeting of March 13, 1985 David Ellison Senior Planner I 0719j(3) I y0. t • 1 t p / • ~ it 1 y rr e r iI ,I # ela RDad --ter T ~ ~ , , ~ i f II 1 I l ?s ` A44 c'. PLAN OF SERVICE FOR ANNEXED AREA, CITY OF DENTON, TEXAS WHEREAS, Article 970a as amended requires that a plan of service be adopted by the governing body of a city prior to passage of an ordinance annexing an area; and WHEREAS, the City of Denton is contemplating annexation of an area which is bounded as shown on a map of the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: Section 1. Pursuant to the vrovisions of Article 970a as amended, Texas Code Annotated, there is hereby adopted for the proposed annexation area the following plan of service: I. Basic Service Plan A. Police (1) Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective date of annexation; (2) Traffic itraffic control signs, devices street will be markings, and other traffic installed as the need therefore is established by appropriate study and traffic standards. B. Fire equip- (1) Fire protection by fighting present forcepersonnel will be provided ment of the fire on the effective date of annexation. C. Stater (1) Water for domestic, commercial and industrial use will be provided at city rates, from existing city lines on the effective date of annexation, and thereafter from new lines as extended in accordance with article 4.09 of appendix A of the code of the City of Denton, Texas, D. Sewer (1) Properties article connected lines the annexed in accordance areas with will be 4 09 to of appendix A of the code of the City of Denton, Texas. E. Refuse Collection (1) The same regular refuse collection service now pro- vided within the city will be extended to the annexed area within one month after the effective date of annexation, a Service Plan Annexed Areas Page two F. Streets (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc.) will begin on the effective date of annexation. (2) Routine maintenance on the same basis as in the present city, will begin in the annexed area on the effective date of annexation. (3) Reconstruction and resurfacing of streets, installa- tion of storm drainage facilities, construction of curbs and gutters, and other such major improvements, as the need therefore is determined by the governing j body, will be accomplished under the established policies of the city. G, Inspection Services (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc.) will begin in the annexation area on the effective date of annexation. H. Planning and Zoning (1) The Planning and Zoning Jurisdiction of the city will extend to the annexed area on the effective date of annexation. City planning will thereafter encompass the annexed area. 1. Street Lighting (1) Street lighting will be installed in the substan- tially developed areas in accordance with the established policies of the city. J. Recreation (1) Residents of the annexed area may use all existing recreational facilities, parks, etc., on the effec- tive date of annexation, The same standards and policies now used in the present city will be fol- lowed in expanding the recreational program and facilities in the enlarged city. K. Electric Distribution (1) The city recommends the use of City of Denton for electric power, e. e r - , A 7 , 7 ; , r y 1 1 , Service Plan Annexed Areas Page three L. Miscellaneous (1) Street name signs where needed will be installed within approximately 6 months aft%: the effective date of annexation. II. Capital Improvement Program (CIP) The CIP of the City consists of a five year plan that is up- dated yearly. The Plan is prioritized by such policy guide- lines as: (1) Demand for services as compared to other areas bawd partly on density of population, magnitude of problems compared to other areas, established technical standards and professional studies, and natural or technical restraints or opportunities. (2) Impact on the balanced growth policy of the city. (3) Impact on overall city e:onomics. The annexed area will be considered for CIP planning in the upcoming CIP plan, which will be no longer than one year from the date of annexation. In this new CIP planning year the annexation area will be judged accordingly to the same established criteria as all other areas of the city. r 4"'"L:pct i } t v. 5.. Z'a' / . A-14 ANNEXATION SCHEDULE February 25, 1985 Submit agenda item February 261 1985 Submit agenda back--up *March 05, 1905 City Council sets date, time and place for public hearing r March 06, 1985 Notice to Denton Record Chronicle r March 08, 1985 Publish notice and mailout March 11, 1985 Submit agenda item March 12, 1985 Submit agenda +oack-up *March 19, 1985 City Council holds public hearing March 20, 1985 Notice to Denton Record Chronicle March 220 1985 Publish notice and mailout March 25, 1985 Submit agenda item r March 26, 1985 Submit agenda pack-up -P`*April 02, 1985 City Council nolds public hearing April 151 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 280 1985 Publish ordinance May 270 1985 Submit agenda item May 280 1985 Submit agenda badK-up *June 04, 1985 Final action ty city council *Denotes action by the city council 09648 1 R r Minutes Planning and Zoning Commission March 13, 1985 The regular meeting of the Planning and Zonini Commission of the City of Denton, Texas was he to on Yednesdy, Karen qe5, at 5:00 p.m., in trio Council Chamber of tno Municipal Building. Present: bill Claiborne, R.B. Edcue, Jr., Gary Juren, Robert LaForte, Tom Pearspn and Andy Sidor Absent: Ruby Cole Present from Staff: David Ellison, Senior Planner; Denise Spivey, Urban Planner; Cecile Carson Urban Planner; Tina Mill, Intern; Joe Morris, Acting City Attorney; Jerry Clark, City Enggineer; Koorosh Olyai, Transportation Engineer; Ray Rum told, Civil Engineer; and Debbie Boydston, secretary 1. Approval of minutes of the re-jular meeting of February 27, 1985. Mr. LaForte made a motion to approve the minutes of the regular meeting of February 27, 1985. Seconded by Mr. Sidor and motion carried unanimously (5.0). Mr. Escue arrived at the meeting. 11. Considerations A. Recommend appro wl of the petition of R. 0. McDonnell :or annexation of approximately 34.b acres of land situated in the M. rorrest Survey, Abstract 417, and beginning approximately 250 feet south of and perpen- dicular to the centerline of FM 426 and approximately 2,000 feet east of Mayhill Road (A-14). Mr. Ellison stated this is the petition of R.O. McDonnell for annexation of approximately 34.o acres of land situated 250 feet south of and perpen- dicular to the centerline of, FM 426 and approxiwtelf 1,000 Zest east of Mayhill Road. He atated the request is voluntary. This is the site of the request for two family and general retail land use with retail/were- housing parmittod. He ad-led, a portion of the overall site is currently located witnin the city limits. Staff recommends approval of this request. Mr. Sider made a motion to recommend approval of the petition of R.O. McDonnell for annexation of appro•:i- mately 34,6 acres of land situated in the M. Fe.rest Survey, Abstract 417, and beginning appre;itmatcly 250 feet south of and perpendicular to the centerline of FM 426 and approximately 2,000 feet east of Ma h.IL Road (A-14). Seconded by Mr. Worts and unanimously carried L(b-0) . B. Recommend approval of the petition of Hammett 6 Nash, Inc. and the City of Denton for annexation of approxi- mately 150 acres of land located went of MayhLll Road, approximately 4,000 :eat north of I.351 and adjacent and north of the MK6T railroad (A-17). Mr. Ellison stated this request is for approximately 150 acres of land located vest of Mayhill Road approximately 4,000 feet north of 1.35 and adjacant and north of tht MKLT Railroad. its stated Hammett and Nash, Ins., have submitted a voluntary request for annexation and light industrial coning on a SO acre portion of this site. 4e1 77 DATE: 04/02/05 CITY COUNCIL, REPORT FORMAT T0: Ma; r and Members of the City Council v32t Do FROM: G. Chris Hartung, City Manager SUBJECT: MAKE A RECOMMENDATION CONCERNING THE PETITION OF THE CITY OF DENTON FOR ANNEXATION OF APPROXIMATELY 42.35 ACRES SITUATED IN THE S. FUIZAA. SURVEY, ABSTRACT 514 AND BEGINNING APPROXIMATELY 500 FEET NORTH OF AND PERPENDICULAR TO THE CENTER LINE OF US HWY 380 AND NEST OF MASCH BRANCL ROAD (A-15) RECOMMENDATION: The Planning and Zoning Commission recommended approval at its meeting of March 13, 1985. SUMMARY: This annexation rupresents the balance of the Tri-Steel Structures, Inc. properties beginning at the northeast corner of 380 and Masch Branch Road. Zoning and plat approval for a five acre portion of the Tri-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 October, 1984. A portion of the property along the Hwy 380 frontage is included in a strip ar.nexition. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: No population or housing currently exists at the site. FISCAL IMPACT; Undetermined Respectful itt • 06 Chris Hartung Prepared by: City Manage: 004 WJ2 Dav!d Ellison Senior Planner App ve Jeff Meye Director of Planning and Cowlmunity Development 07361 ~ 'LJY. MIS\41 y d e r N 05 CITY COUNCIL AGENDA BACK-UP SUMMARY SiiEET MEETiN3 DATE: April 2. 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- dicular 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 US Hwy 380 West and Masch Branch Road. Zoning and plat approval for a five acre office site has heen 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. pro; :ey 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 not objected to date. ACTION REQUIRED: No action is required to continue the annexation process RECOMMENDATION: The Planning and Zoning Commission recommended approval at its meeting of March 13, 1985 PROGRAMS, DEPARTM&NTS, OR GROUPS AFFECTED: No population or housing exists at the site in question. ATTACHMENTS: 1. Annexation Map 2. Service Plan 3. Annexation schedule 4. Minutes of the Planning and Zoning Commission of March 13, 1985 avj David Ellison Senior Planner 0719j(2) '~a+."-.117 ~ I i ' • S~ • • DI ~ MA Un III Masch Branch RI l~ . it r.0 ]N g'r ry d l 1t." CC 1 6 i5. A PLAN OF SERVICE FOR ANNEXED AREA,-CITY OF DENTON, TEXAS WHEREAS, Article 970& as amended requires that a plan of service be adopted by the governing body of a city prior to passage of an ordinance annexing an area; and WHEREAS, the City of Denton is contemplating annexation of an area which is bounded as shown on a map of the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: Section 1. Pursuant to the provisions of Article 970a as amended, Texas Code Annotated, there is hereby adopted for the proposed annexation area the following plan of service: I. Basic Service Plan A. Police (1) Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective date of annexation; (2) Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards. B. rare (1) Fire protection by the present personnel and equip- ment of the fire fighting force, will be provided on the effective date of annexation. C. Water existing city at city rates, and (1) Swill rbe o provided domestic, lines on the effective date of annexation, and thereafter from new lines as extended in accordance with article 4.09 of appendix A of the code of the City of Denton, Texas. D. Sewer (1) Properties in the annexed areas will be connected to sewer lines in accordance with article 4.09 of appendix A of the code of the City of Denton, Texas. E. Refuse Collection (1) The same regular refuse collection service now pro- vided within the city will be extended to the annexed area within one month after the effective date of annexation. M 1 K clir t ✓f. ~u~ i-,.:j n.1 I~ "Y `C F. 5. F ~Y, `0 ° t( 4 1r Service Plan Annexed Areas Page two F. Streets (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc.) will begin on the effective date of annexation. (2) Routine maintenance on the same basis as in the present city, will begin in the annexed area on the effective date of annexation. (3) Reconstruction and resurfacing of streets, installa- tion of storm drainage facilities, construction of curbs and gutters, and other such major improvements, as the need therefore is determined by the governing body, will be accomplished under the established policies of the city. G. Inspection Services (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc.) will begin in the annexation area on the effective date of annexation. H. Planning and Zoning (1) The Planning and Zoning jurisdiction of the city rill extend to the annexed area on the effective date of annexation. City planning will thereafter encompass the annexed area. 1. Street Lighting (1) Street lighting will be installed in the substan- tially developed areas in accordance with the established policies of the city. J. Recreation (1) Residents of the annexed Brea may use all existing recreational facilities, parks, etc., on the effec- tive date of annexation. The same standards and policies now used in the present city will be fol- lowed in expanding the recreational program and facilities in the enlarged city. K. Electric Distribution (1) The city recommends the use of City of Denton ;'or electric power. . '.YFi }h '4 t ..r L 1M 4, F - *0w .vn _r,• r ''yl Service Plan Annexed Areas Page three L. Miscellaneous (1) Street name signs where needed will be installed within approximately 6 months after the effective date of annexation. II. Capital Improvement Program (CIP) The CIP of the City consists of a five year plan that is up- dated yearly. The Plan is prioritized by such policy guide- lines as: (1) Demand for services as compared to other areas based partly on density of population, magnitude of problems compared to other areas, established technical standards and professional studies, and natural or technical restraints or opportunities. (2) Impact on the balanced growth policy of the vAty, (3) Impact on overall city economics. The annexed area will be considered for CIP planning in the upcoming CIP plan, which will be no longer than one year from the date of annexation. In this new CIP planning year the annexation area will be judged accordingly to the same established criteria as all other areas of the city. A-15 ANNEXATION SCHEDULE F?:.ruary 25, 1985 Submit agenda item February 26, 1985 Submit agenda back-up *idarch 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 i March 12, 1985 Submit agenda back-up ,,*March 19, 1985 City Council holds public hearing March 20, 1985 Notice to Denton Record Chronicle r March 22, 19e5 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 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 041 1985 Final action by City Council *Denotes action by the City Council 09648 P i z Minuted Rarch 13, 1985 Page 9 City Council directed staff to begin annexation pro- cess. He continued due to delays in obtaining a proper Legal description, changes in staff resPonsibilities and questions concerning utilities servicet processing of the annexation petition has been slower than usual. He added electric service is available from both the City of Denton and TPiL. Water service must be planned in conjunction Witt Argyle, because it too is in a dual service area and extending City of Denton mains is not a feasible alternative. Sewer service is to be provided by the City of Denton. rho Development Review Committee has reviewxd a preliminary plat of the proposed develop- ment, Woodereek Subdivision and has withheld a recoamend- ation of approval pending comments and acceptance of the Argyle Water Company for requested sale of water. Mr. LaForts male a notion to recommend approval of the petition of the City of Denton for annexation of approx- imately 136.58 acres beginning approximately 500 feat east of the centerline of U.S. Highway 377 and south of Brush Creak Road (A-lti. Seconded by Mr. Sidor and unanimously carried (6-0). 8. Recommend approval of the petition of the City of Denton for annexation of approximately 65.12 acres beginning 350 feet south of and perpendicular to the centerline of U.S. Highway 380 and east of Geesltng Road (Capricorn Mobile Home Park and surrounding properties) (A-13). Mr. Ellison stated the Holtgan Development Corporation wishes to expand and improve the existing Capricorn Mobile Home Park. The existing park is situated on approximately 30 acres and an additional 63 plus acres is proposed for mobile home land use at approximately 5 to 7 units per acre. Upgraled utility service to the existing mobile home park is a potential plus of the proposal. He continued, a preliminary plat of the area proposed for expansion has been submittal for review. The City Council issued a directive to staff to initiate the annexation process of the existing park and proposed area of expansion at its meeting of December 18, 1994. He added the Planning and Zoning Commission, the Public Utilities Board and the City Council approv6d a raquest for the extension of City utilities to thQ site. He adled, the city will have to provide water, sewer, and police protection. On question from Mr. Sidor, Mr. Alison stated the sewer would be extended from Geesling Road across to Capricorn. They are currently using septic systems. Mr. Juron made a motion to recommeM approval of the petition of the City of Denton for annexation of sp- proximately 65.12 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 properties) (A-13). Seconded by Mr. Silor and unanimously carried (6-0). C. Recommend approval of the petition of the City of Denton for annexation of approximately 42.35 acres of land situated in the S. Huizar Survey, Abstract S14, and beginning approximately 500 feet north of and perpendicular to the centerline of US Highway 380 and west of Match Branch Road (A-M. Mr, 3111son stated this annexation represents the balance of the Tri-Steel Structures, Ines, property beginning at the northeast corner of 380 vast and P Z minutes March 130 198S Page 10 • 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, 198x. Annexation of the balance of the parcel was delayed pending the submission of a proper legal description. He added this is an involuntary annexation; however, the property owner has.not objected to date. Mr. Sidor made a motion to recommend approval of the petition of the City of Denton for annexation of approx- imately 12.35 acres of land situated in the S. Huirar Survey, Abstract 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-IS). L~~_ conded by Mr. LaForte and unanimously carried (6.0). D. Recommend approval of the petition of Redditch luvestments Corporation for annexation of approximately 60.38 acres situated it the G. Walker Survey, Abstract 13300 and beginning adjacent and east of Edwards Road (A-18). Mr. Ellison stated the petitioners have submitted a request for voluntary annexation to the Planning and Community Development Department. This site is adjacent and east of Edwards Road an unimproved dirt road that must be upgraded. City Will be responsible for ■ain- tanen;e and paving of this dirt road UAIess development occur) before annexation is final. Low intensity Development Guide policies are applicable to this site. He continued, the Allan E..ates Mobile Home Park site (S-IoS) is located adjacent and west of Edwards Road. Existing Andrew Corporation facilities and property is ilso located '.n this vicinity. Current land use patterns along the Mayhill Road corridor range from low and moderate density residential to the City Wastewater Tr:atment Plant and new landfill and light industrial. Mr. LaForte made a motion to recommend approval of the petition of Redditch Investr.ents Corporation for an- nexation of approximatly 00.38 acres situated in the G. Walker Survey, Abstract 1330, and beginning adjacent and east of Edwards Road (A-18). Seconded by Mr. Escue and unanimously carried (o-0). E. Recommend approval of a resolution adopting the Standard 5 ecificatious for Public Works Construction, ort entry Texas as the specifications or use in connect on w t utvre public works, water utility, and p.*ivate development projects for the City of Denton, Texas. Mr. Clerk explained the request for adoption and stated Denton is a member of the North Texas Council of Govern- ments. Rick Srenla, Assistant City Manager, helped put the specifications together. Mr. !in Riddlesperger is a member of several NTCOG Coh:ittees. He gave a list of cities who have already adopted the specifications. He continued, there are a lot of contractors commenting that everytime they come to Uenton, tncy find something different regarding specifications. He stated the city would like to adopt a set of standards with few 11xcep- tions or variations to serve as a legitimate guide. He added, the NTCOG has an errosion control chapter in t+ieit storm management section, and we would Ilk* to •ncludo that. He pointed out the sample ordinance for Commission to view and would recommend their adopting these standards. sommomer ~ a 1a. r,., r a kT si _ 1 -.t ' . ~ F ~ x ~a Lr 1 ~try~P v .+Y' 4 .w, DAT- by/u2~/85 CITY COUN^,IL REPORT PORMAT TO: Mayor and Members of the City Council. PROMS G. Chris Hartung, City Manager SUBJECT: HOLD A PUBLIC HEARING CONCERNING THE PETITION OF HAMMETT a NASH, INC. AND THE CITY OF DENTON FOR ANNEXATION OF APPROXIMATELY 150.0 ACRES LOCATED WEST OF MAYNILL ROAD APPROXIMATELY 4,000 FEET NORTH OF I-35 AND ADJACENT AND NORTH OF THE MKST RAILROAD (A-17) RECOMMENDATION: The Planning and Zoning Commission recommended approval at its meeting of March 13, 1985. SUMMARY: Hammett a Nash, Engineers and Surveyors, Inc. have submitted a voluntary request for annexation and light industrial zoning on a 50 acre portion of this site. Staff is recommending 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. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: One house and an estimated two persons currently exist in the area proposed for annexation. FISCAL IMPACT: Undetermined Respect ulbmi to. • a~~ . G. Chris Hartung Prepare by: ` City Manager jowj~ Ellison Senior Planner App Ye"jiRi Jeff MeyP Director of Planting and Comm:nity Development 0736] CITY COUNCIL AGENDA BACK=UP SUMMARY SHEET MEETING DATE: April 2, 1985 SUBJECT: Hold a public hearing concerning the petition of Hammett & Nash, Inc, and the City of Denton for annexation of approximately 150 acres of land located west of Mayhill Road approximately 4,000 feet north of I-35 and adjacent and 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 50 acre portion of this site. Staff is recommending annexing the additional 100 acres to incorporate all of the area west of Mayhill Road. High Intensity Development Guide policies are applicable to this area. The west half of Mayhill Road for a distance of approximately 2,000 feet is included in this annexation proposal. At this time, staff has found no evidence to support Andrew Corporations claim of owning property within the affected area. ACTION REQUIRED: No action is required to continue the process RECOMMENDATION: The Planning and Zoning Commission recommended approval at its meeting of March 13, 1985. PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED: All departments responsible for services and programs guaranteed to City residents (Police, Fire, Solid Waste, Library, etc.). One house and an estimated two persons reside the area to be annexed. ATTACHMENTS: 1. Annexation Map 2. Service Plan 3. Annexation "Schedule 4. Minutes of Planning and zoning commission meeting of March 13, 1985 ~~1+ 00i.~C,~,,~~ awn-n David Ellison Senior Planner 0719)(1) ad.er~,l F.j 1 71 a ' . I r 7t 0 MUM I ' f 7F i~ q-17 IN l IN \I\\ f PLAN OF SERVICE FOR ANNEXED AREA, CITY OF DENTON, TEXAS WHEREAS, Article 970a as amended requires that a plan of service be adopted by the governing body of a city prior to passage of an ordinance annexing cn area; and WHEREAS, the City of Denton is contemplating annexation of an area which is bounded as shown on a map of the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: Section 1. Pursuant to the provisions of Article 970a as amended, Texas Code Annotated, there is hereby adopted for the proposed annexation area the following plan of service: I. Basic Service Plan A. Police (1) Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective date of annexation; (2) Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as tr,c! ,feed therefore is established by appropriate study and traffic standards. B. Fire (1) Fire protection by the present personnel and equip- ment of the fire fighting force, will be provided on the effective date of annexation. C. Water (1) Water for domestic, commercial and industrial use will be provided at city rates, from existing city lines on the effective date of annexation, and thereafter from new lines as extended in accordance with article 4.09 of appendix A of the code of the City of Denton, Texas. D. Sewer (1) Properties in the annexed areas will be connected to sewer lines in accordance with article 4.09 of appendix; A of the code of the City of Denton, 'T'exas. E. Refuse Collection (1) The same regular refuse collection service now pro- vided within the city will be extended to the annexed area within one month after the effective date of annexation, I ! y4 a w i IN, Jervice Plan Annexed Areas Page two F. Streets (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc.) will begin on the effective date of annexation. (2) Routine maintenance on the same basis as in the present city, will begin in the annexed area on the effective date of annexation. (3) Reconstructi.on and resurfacing of streets, installa- tion of storm drainage facilities, construction of curbs and gutters, and other such major improvements, as the need therefore is determined by the governing body, will be accomplished under the established policies of the city. G. Inspection Services (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc.) will begin in the annexation area on the effective date of annexation. H. Planning and Zoning (1) The Planning and Zoning jurisdiction of the city will extend to the annexed area on the effective date of annexation. City planning will thereafter encompass the annexed area. I. Street Lighting (1) Street lighting will be installed in the substan- tial.ly developed areas in accordance with the established policies of the city. J. Recreation (1) Residents of the annexed area may use all existing recreational facilities, parks, etc., on the effec- tive date of annexation. The same stancards and policies now used in the prevent city will be fol- lowed in expanding the recreational program and facilities in the enlarged city. K. Electric Distribution (1) The city recommends the use of City of Denton for electric power. 1 t Service Plan Annexed Areas Page three L. Miscellaneous (1) Street name signs where needed will be installed within approximately 6 months after the effective date of annexation. II. Capital Improvement Program (CIP) The CIP of the City consists of a five year plan that is up- dated yearly. The Plan is prioritized by such policy guide- lines as: (1) Demand for services as compared to other areas based partly on density of population, magnitude of problems compared to other areas, established technical standards and professional studies, and natural or technical restraints or opportunities. (2) Impact on the balanced growth policy of the city. (3) Impact on overall city economics. The annexed area will be considered for CIP planning in the upcoming CIP plan, which will be no longer than one year from the date of annexation. In this new CIP planning year the annexation area will be judged accordingly to the same established criteria as all other areas of the city. i N w ~o ~r• ti R .r b 1 .•.i $ t A-17 ANNEXATION SCHEDULE February 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 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 v'March 25, 1985 Submit agenda item v-March 26, 1985 Submit agenda back-up *April 02, 1985 City Council holds public hearing April 150 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 iten May 28, 1985 Submit agenda back-up *June 04, 1985 Final action by City Council *Denotes action by the City Council 0964g i J f ~ } i , s -+--ur--.-y a ~ 1 I" . Minutes Plennfng and Zoning Commission Ma~:h 13, 1985 j The regular meeting of the Planning and Zoning Commission of the City of Denton, Texas was held on Wednesday, March 13, 19650 at 5:00 p.m., in the Council Chamber of the Municipal Building. Present: Bill Claiborne, R.B. Eecue, Jr., Gary Juren, Robert LaForte, Tom Pearson and Andy Sidor Absent: Ruby Cole j Present from Staff: David Ellison, Senior Planner; Denise Spivey, Urban Planner; Cecile Carson, Urban Planner; Tina Hill, Intern; Joe Morris, Acting City Attorney; Jerry Clark, City Engineer; Koorosh 01yai, Transportation Engineer; Ray Rumfield, Civil Engineer; and Debbie Boydston, secretary 1. Approval of minutes of the regular meeting of February 27, 1985. Mr. LaForte made a motion to approve the minutes of the regular meeting of February 27, 1985. Seconded by Mr. Sidor and motion carried unanimously (5-0). Mr. Eacue arrived at the meeting. I1. Considerations A. Recommend approval of the petition of K. 0. McDonnell for annexation of approximately 34.6 acres of land situated in the H. Forrest Survey, Abstract 417, and beginning approximately 250 feet south of and perpen- dicular to the centerline of FA 426 and approximately 2,000 feet east of Mayhill Road (A-l4). Mr. Ellison stated this is the petition of R.O. McDonnell for annexation of approximately 34.b acres of land situated 250 feet South of and perpen- dicular to the centerline of, FM 426 and approximately 2,000 feet east of Mayhili Road. He stated the request is voluntary. This is the site of the request for two family and general retail land use with retail/ware- housing permitted. He added, a portion of the overall site is currently located within the city limits. Staff recommends approval of this request. , Mr. Sidor made a motion to recommend approval of the petition of R.O. McDonnell for annexation of approxi- mately 34.6 acres of land situated in the M. Forrest Survey, Abstract 417, and beginning approximately 230 feet south of and perpendicular to the centerline, of FM 426 and approximately 2,000 feet east of Mayhill Road (A-14). Seconded by Mr. LaForte and unanimously carried (6-0). B.FRecommend approval of the petition of Hammett 5 Nash, Inc. and the City of Denton for annexation of appproxi- mately 150 acres of land located west of Mayi~ill Road, Approximately 4,000 feet north of I-35, and adjacent and north of the HK6T railroad (A-17). Mr. Ellison stated this request is for approximately 150 acres of land located west of Mayhill Road approximately 6,000 feat north 0 1.35 and adjacent and north of the HKST Railroad. He stated Hammett and Nash, Inc., have submitted a voluntary request for annexation and light industrial coning on a 50 acre portion of this site. P 6 2 Minutes March 13, 1985 Page 2 Staff is recommending annexing the additional 100 acres to incorporate all of the area west of Mayhill Road. He added 'nigh intensity Development Guide policies are applicable to this area. Ms. Mason Haggard, an area property owner, asked if it would be required for tC3 developer to build a fence. Chairman Claiborne answered that will be discussed on the zoning case which will also be heard at this meeting. Mr. Ellison added City Council will consider all of the annexation requests on March 19, 1985. Mr. Escue made a motion to recommend approval of the petition of Hammett Im Nash, Inc., and the City of Dents for annexation of approximately 150 acres of land located west of Mayhill Road, approximately 4,000 feet north of I-35, and adjacent and north of the MK&T Rail- road (A-17). Seconded by Mr. Sidor and carried unan- imously (6-0). 111. Consent Agenda Each of these items is recommended by the staff and approval thereof will be strictly on the basis of the staff recom- mendation. Approval of the consent agenda authorizes the Director of Planning and Community Development or his destg- nee to proceed with each item in accordance with the ataf: recommendation. A. Recommend approval of preliminary plat of the Creekside Addition. B. Recommend approval of preliminary plat of the Kelsoe-Pitner Addition. Mr. LaPorte made a motion to approve the Consent Agenda. Seconded by Mr. Sidor and unanimously carried (6-0). IV. Public Hearings A. Z-1725. This is the petition of R. 0. McDonnell requesting a change in zoning from the agricultural (A) classification to the planned development (PD) district on a 39.4 acre tract located on the south side of FM alb (East McKinney Street) approximately 2,000 feet east of Mayhill Road. If approved, the planned development will permit the following land uses: 5.9 acres - general retail 33.5 acres - duplex Ms. Spivey stated there were five reply forms mailed to property owners and none were returned. s Mr. Brian Burke stated as discussed at the previous meetint, hots representing the petitioner and has done the preliminary engineering including a preliminary plat. He stated they would like to have frontage along McKinney Street. He stated they are requesting general retail/office. He continued the warehouses will nave office fronts with storage in the back. Hn stated Mr. McDonnell, ppetitioner, would also like to have a cabinet shop, wlwletale to builders with rear delivery and shipment. 77.7 77-r.77-77, r e iysr[, DATi: 04/02%85 CITY COUNCIL REPORT PORMAT ' TO: Mayor and Members of the City Council 45 PROM: G. Chris Hartung, City Manager SUBJECT: HOLD A PUBLIC HEARING CONCERNING THE PETITION OF REDDITCH INVESTMENTS CuRPORATION 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) RECOMMENDATION: The Planning and Zoning Commission recommended approval at its meeting of March 13, 1985. SUMMARY: The petitioners have submitted a request for voluntary annexation to the Planning and Community Development Department. Staff anticipates an application for planned J:,!nlopment (PD) zoning 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 AFFECTED: Not applicable at this stage. FISCAL IMPACT: Undetermined Respectfully submitted, 1*, 0 G. Ch'. i ar n City Manager Prepared by: 0441 David Ellison Senior Planner Appr i Jeff Hey Director of Planning and Coamunity Development 0736] F-T3'i'_^•f,T ~ ^$pi ft "^.,~T'i" i"~'~~ 'w -,1.' .r., rr 'R CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEE,rING DATE: April 2, 1985 SUBJ&CTs 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 the attachments 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 unimprovei 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 Edwar-Is Roar 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. 3xisting Andrew Corporation facilities and property is also located in this vicinity. Current land use patterns along the Mayhill 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 annexation process RECOMMENDATIONs the Planning and Zoning Commission recommended approval at its meeting of March 13, 1985. ATTACHMEN'rSs 1. Annexation Map 2. Service Plan 3. Land Use Concept Plan 4. Annexation Schedule 5. Minutes of Planning and Zoning meeting of March 13, 1985 1 av 4on Senior Planner 1067g ai ~1. ~ 5 =rx ..M h ~ C :r51 , "twt ✓ ~ a r°r T! i«. ~ ~ ~ s r.'Sj9 e k a X 1~'+}}.~. a i~~ , , . f J~r , is ~lj t I ~ ; huh f `e M ~ fl 1111 . 1 ' J A-18 ' N D Af ROAD (CITY of DtNTOW 0 n A O 18 OL KB WARQG ALLAy! -Aii, J M:JI l! M:Mt = PARK ROAD _ ANDREW CORP ZONE AC. LOTS DENSITY S.F.- 7 25.0 113 4.5 ZERO 9.4 S I 5.4 M. F. 12.4 194 15 u/s P LOIAIA6 E; 13.083 Ita cto. TOTAL 60.383 358 5.4 Olt F VICINITY MAP W 1000, N L ARKER ONLY p m`y 1 n r v r'.k a r! 'Y', - s:h t ,r. ,{tile .e~ l~'2' PLAN OF SERVICE Ea AWED AREA, CITY OF DENTON, T_SXAS WHEREAS, Article 970a as amended requires that a plan of service be adopted by the governing body of a city prior to passage of an ordinance annexing an area; and WHEREAS, the City of Denton is contemplating annexation of an area which is bounded as shown on a map of the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: Section 1. Pursuant to the provisions of Article 970a as amended, Texas Code Annotated, there is hereby adopted for the proposed annexation area the following plan of service: I. Basic Service Plan A. Police (1) Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective date of annexation; (2) Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards. B. Fire (1) Fire protection by the present personnel and equip- ment of the fire fighting force, will be provided on the effective date of annexation. C. Water (1) Water for domestic, commercial and industrial use will be provided at city rates, from existing city lines on the effective date of annexation, and thereafter from new lines as extended in accordance with article 4.09 of appendix A of the code of the City of Denton, Texas. D. Sewer (1) Properties in the annexed areas will be connected to sewer lines in accordance with article 4.09 of Kppendix A of the code of the City of Denton, 'texas. E. Refuse Collection (1) The same regular refuse collection service now pro- vided within the city will be extended to the annexed area within one month after the effective date of annexation. .T $ lti i ~y 5'' r ti yy xt vtService Plan AnnuxBd Areas Page two F. Streets (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, eta.) will begin on the effective date of annexation. (2) Routine maintenance on the same basis as ir. the present city, will begin in the annexed area on the effective date of annexation. (3) Reconstruction and resurfacing of streets, installa- tion of storm drainage facilities, construction of curbs and gutters, and other such major improvemeuts, as the need therefore is determined by the governing body, will be accomplished under the established policies of the city. 0. Inspection Services (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc.) will begin in the annexation area on the effective date of annexation. H. Planning and Zoning (1) The Planning and Zoning jurisdiction of the city will extend to the annexed area on the effective date of annexation. City planning will thereafter encompass the annexed area. I. Street Lighting (1) Street lighting will be installed in the substan- tially developed areas in accordance with the established policies of the city. Recreation (1) Residents of the annexed area may use all existing recreational facilities, parks, etc., on the effec- tive date of annexation. The same standards and policies now used in the present city will be fol- lowed in expanding the recreational program and facilities '.n.the enlarged city. K, Electric DistribLtion (1) The city reconizends the use of City of Denton for electric power. i ~J J 4 W / t„'i 4( Y F ! ..1 F 6N f I I :"8ervide Plan Annexed Areas Page three L, Miscellaneous (1) Street name signs where needed will be installed within approximately 6 months after the effective date of annexation. II. Capital Improvement Program (CIP) The CIP of the City consists of a five year plan that is up- dated yearly. The Plan is prioritized by such policy guide- lines as: (1) Demand for services as compared to other areas based partly on density of population, magnitude of problems compared to other areas, established technical standards and professional studies, and natural or technical restraints or opportunities, (2) Impact on the balanced growth policy of the city. (3) Impact on overall city economics, The annexed area will be considered for CIP planningt in the upcoming CIP plan, which will tie no longer than one year from the date of annexation. In this new CIP planning year the annexation area will be judged accordingly to the same established criteria as all uther areas of the city. 777"'i F N A-18 ANNEXATION SCHEDULE r February 25, 1985 Submit agenda item February 26, 1,985 Submit agenda back-up *March 05, 1985 City Council sets date, time and place for public hearing j' March 06, 1985 Notice to Denton Record Chronicle March 0e, 1985 Publish notice and mailout March 11, 1985 Submit agenda item r 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 Marcn 25, 1985 Submit agenda item ✓ March 26, 1985 Submit agenda back-up *April 02, 1985 City Council nolds 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 V bmit agenda item May 28, 1985 Submit agenda back-up *June 04, 1985 Final action by Citj Council *Denotes action by the City Council 0964g P Z Minute Mach 13, 1985 Page 10 ' Masch Branch Road. Zoning and plat approval for a five acre office site has been reviewed and accepted by the Planning and toning Commission and City Council. The City Coaneil directed staff to anncx the entire Irk- Steel Structures, Inc., property,ln Octooer, 1981. Annex.\tion of the Detente of the parcel was delayed pending the submission of a proper legal description. He added this is an involuntary annexation; nowever, tae property owner has•not objected to date. Mr. Sidor made a motion to recommend approval of the petition of the City of Denton for annexation at approx- Imately 12.35 acres of land situated in the S. Huitar Survey, Abstract 511, and De inning approximately $00 feet north of and perpendicular to the centerline of U.S. Highway 330 and west of Masch Branch Road (A-IS). ~--SeeconJed by Mr. LaPorte and unanimously carried (6.0i. D.! Recommend approval of the petition of Redditch Investments Corporation for annexation of approximately 60.38 acres situated in the G. Walker Survey, Abstract 13300 and beginning adjacent and east of Edwards Road (A-13), Mr. Ellison stated the petitioners have submitted a request for voluntary annexation to the Planning and Community Development Department. Tnis site is adjacent and east of Edwards Road an unimproved dirt road that must be upgraded. City will be responsible for rain- tanence and paving of this dirt road unless development occurs before annexation is final. Lou Intensity Development Guide policies are applicable to tn►s site. He continued, the Allan Estates Meoile dome Park site (S-loS) 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 Mayhlil Road corridor range from low and moderate density residential to tue City Wastewater Treatment Plant and new landfill and lignt industrial. Mr. LaPorte made a motion to recommen Approwel of the petition of Redditch Investments Corporation for an- nexation of approxiestly o0.38 acres situated in the G. Walker Survey, Abstract 1330, and De inning adjacent and east of Edwards Road (A-13). Secon~ed Dy Mr. Escue land unanimously carried (b-0). E. Recommend approval of A resolution Ado tint the Standard specifications for Public W orks Construction ort entry Texas, as the specifications or use in connection with future public works, water utility, and private development projects for the City of Denton, Texas. Mr. Clark explained the request for adoption and stated Denton is a member of the worth Texas Council of Govern• bents. Rick Svenla, Assistant City Manager, helped put the specifications to Other. Mr. Jim Rlddiesperger is A member of several NiCOG Committees. He gave a list of cities who nave already adopted the specifications. He continued, there are a lot of contractors commentinQ that everytime they come to Denton, tney find something different regarding speclfiCattons. He stated the City would like to adopt a set of standards with few excep- tions or variations to serve as a legitimate guide. He added, the NTCOG has an errosien control chapter In tacit storm management section, and we would like to Include that. He pointed out the sample ordinance for Cohmission to view and would recummend their adopting these standards. } .;:d~ r 1r . yy . e 5 r '4 1 DAM 04/02/65 gIT Co IL,jREPORT FORMAT T0: Mayor and Members of the City Council FROM,. 0. Chris Hartung, City Manager SUBJECT: PUBLIC HEARING FOR ZONING CASE Z-1728 RECOMMENDATION: The Planning and Zoning Commission considered this item at its meeting of March 13, 1985 and voted to recommend approval of Z-1728 by a vote of 5-0. EMM_ This is a request for a change to zoning from the agricultural !A) classification to the comaerc4al district on a 12.1 acre tract located on the west side of Wco 288 approximately 200 feet north of Spencer Road. BACKGROUND: This tract is a portion of a 20 acre planned development for a private utility shop and yard approved in 1973. in 19730 eight acres of the PD were rezoned commercial. Since the Denton County Electric Co-op has located in another area, the petitioner desires to rezone the remaining 12 acres of the PD commercial. Commercial toning is permissible in the high intensity area in which the tract is located. PRQGRAMS. DEPAR'T'MENTS OR GROUPS AFFECTED: No applicable. FISCAL IMPACT: There is no impact on the general fund. Respectfully submitte • 0. Chris 9-6160-1 City manager respired by: . Q«.L ,G.a,,.I Denise Spival 41 Urban Planner App ve ltey , Soft Director of Planning and Cossaunity Developm nt 11006 f_ A a n~t° i.Vpt a pv~ ti~• e, dtr y t 7~,3 -„1 1 y ~e.. !ey 1/Sf r,a y!p , PLANNING AND ZONING COMMISSION RECOMMENDATION TO THE CITY COUNCIL To,. Denton City Council Case No.: Z-1728 Meeting Date: April 2, 1985 - I GENERAL INFORMATION Applicant: Charles S. Watkins, representing Spencer-Loop Venture 16901 Dallas Parkway, Suite 145 Dallas, TX 75248 Status of Applicant: Owner's representative Requested Action: Change in zoning from the planned development (PD-15) classification to the commercial (C) district Location and Size: This is a 12.1 acre tract located on the west side of Loop 288 approximately 200 feet north of Spencer Road Existing Land Use: Vacant Surrounding Land Use and Zoning: North - Vacant; LI South - Portable Sign Business, single family; C, A Last - Vacant, single family: A, LI West - American Legion Post; S-8 Denton Development Guide: Area is designated as high intensity. SPECIAL INFORMATION Utilities: Electric, gas and telephone services are available to this situ. A 24" waterline is proposed on the northern boundary of this property. There is an existing 18" sanitary sewer on the east side of Loop 288 directly across from this property. y t .~I 1 1~`Y1 4 ~~,i ly IJ'y r\ 6f tl' t1 [i yJ {1 •1''•4W 2 rf F ~ ~ L (Case Z-1728) Page Two SPECIAL INFORMATION (continued) Drainage: Approximately 100 cubic feet per second of water drains across the middle portion of this tract to the north. This drainage should not be diverted out to Loop 288. Transportation: Limited access will be allowed on Loop 288 which has 120 feet of tight-of-way. ANALYSIS In 1973, the Denton County Electric Co-op received planned development zoning approval to permit the location of their office and utility yard complex on a twenty (20) acre site at the northwest corner of Loop 288 and Spencer Road. In 1983, the Co-op received approval of their request to rezone eight acres of the original tract to permit commercial land use. The petitioner wishes to rezone the balance of the original twenty (20) acre tract to permit commercial land use. According to the Denton Development Guide, this site is located in a high intensity area. This mayor activity center has an employment emphasis, but land use diversity is encouraged. Furthermore, this area is adjacent to the Golden Triangle Mall center which is designated as the City's dominant commercial center. The Development Guide encourages a substantial employ- ment balance in this area which is intended to provide 600 acres of commercial and industrial uses representing over 11,000 jobs. Commercial zoning is consistent with these goals. RECOMMENDATION The Planning and Zoning commission considered this item at its meeting of March 13, 1985 an4 voted to recommend approval of Z-1728 by a vote of 5-0. ALTERWATIVES 1. Approve petition 2. Deny petition i r r { l a . F,. y"` e 57i'x I? V. tre i r. ~ .t I. rq IY y, - r {Cade Z-728) Page Three ATTACHMENTS 1. Location Map 2. Property owner Gist 3. Reply Form Total 4. Planning and Zoning Commission Minutes of March 13, 1965 0722) V r. r + 4 N~7 r ~ Y'• r k r i ~ Y r a A, r y i ♦ rr_ ac r rrMwr rwr " r .'.1 i, 1 41 1 1 ` PD tw LI ~~wrrrr. ~ O~ ( a f ~i S•17d i 1 f i Z-1728 i i ~t1a rte,. r1~1.r r.r' PD 55 r r. ' L l L ~ 1 r r ~ 1 s's 3PEN ER: ROAD ~ wr rwrlrr rrr wr . r.y«.~ yw ~ 0 i~-- -100 ' ..ti i i PD- 70 ' t loop A Ll I~ rwr ~.....L. L r rr 1~rr+1r11 1 fila, ,Y r'9w" 2'~a„',~~ l~ Hl y. { -~fC~ ~ • X 4... i7 Y ~e .>,rF*~ qtr ~ ,c',A i n~b~~'"'^~. ~ ! 5 (es'~ 9' i .e 71, ,u Ml .2760 a s . CITY A,&Mk 8LE4 C1M3,,, LAND) 7)e. 150d) 0 'JAME pg13 pp 708 1222 Oj 37LJ -o~ao+ ~G 52 a7•~•o . 02 INSQJJ h. TAYI QT NwmM,74 %ZQ) os,~e .3 J 2-504L '6PEwat, M. -46-20/ njtF4t6r :s[,q/AaLlS Tic trio- o ~ r SIIG~er 7!I ro31°Kk rir. J° ",l aF., 4'. PROPERTY OWNER REPLY FORMS CITY COUNCIL 2-1728 IN FAVOR IN OPPOSITION UNDECIDED Bill McGinnis None Received Denton Co. Electric Cooperative P. 0. Box 2147 Denton, TX 76202 383-1671 d P 6 Z Minutes March 17, 1985 Page 6 C. r-1728. 'lhie is the petition of Charles Watkins, representio,& Spencer-Loop Venture, requesting a change in zoning from the planned development (PD) classifi- cation to the commercial (C) district on a 12.1 acre tract located at the northwest corner of Spencer Road and Loop 288, The current planned development will permit the construction of a private utility shop and yard. If the request is approved, the property mayy be used for any purpose permitted in the commercial (C) dis:rict by the City of Denton Zoning Ordinance. Ms. Spivey stated there were nine reply forme mailed to property owners, none were returned, Mr. Pearson lef,. the meeting. Mr. Charles Watkins stated he is representing Spencer- Loop Venture, which is a tract remaining of a planned development zoned for the Denton County Electric Co-op. He stated they are askin for stratgght commercial zoning. He added the ad#oining etgltt acres is zoned commercial. He explained the existing utilities on the property. He added this property is included on a CIP plan for water service which willl service this tract. He stated he feels this request is consistent with the Development Guide. Mr. LaForte made reference to the triangular shaped tract and asked how land gets shaped in the peculiar way that this tract is. Mr. Watkins stated apparently it was designed that way. Mr. Sidor commented this originally was all Denton County Electric Co-op's property and they sold part of that land last year. He asked what is being proposed. Mr. Watkins stated basically commercial type develop- ment which will front Loop 288. He stated the uwners have not found users for this land yet. No one spoke in favor or in opposition to the request. Mo. Spivey stated in 1973, the Denton County Electric Co-op received planned development zoning approval to permit the location of their office and utility yard complex on a 20 acre site at the northwest corner of Loop 288 and Spencer Road. She continued in 19*3, the Co-op received approval of their request to rezone eight acres of the original tract to permit commercial teed use. The petitioner wishes to rezone the balance of the original 20 acre tract co permit commercial land use. She :on;inuedI according to the Denton Development Guide, this site is located in a high intensity area. This major activity center has an employment emphasis, but land use diversity is encouraged. This area is adjacent to the Golden Trianggle Hall center which is deli nated as the city's doainent commercial center. The ~etolopment Guide encourages a substantial employee balance to this area which is intended to provide 600 acres of commercial and industrial uses representing over ll,)00 jobs. She added commercial zoning is consistant with these goals and staff recommends approval, Hr. Watkins offered no rebuttal. t r w r r S" , r x w ii P S n x t. s v i A }x P at 8 Minutes March 13, 1985 > Page 7 Chair declared the public hoari.og closed. Mr. dscue made a motion to recommeni approval of 2-1728. Seconied by Mr. Juren and unanimously carried (5-0). Mr. Pearson returnei to the meeting. 0. Consider recommen•iin3 approval of the petition of Robert Bell, represented by Burke Engineering, request- Ing a variance of Article 4.15 of the City of Denton Subdivision and Land Development Regulations, with respect to drainage requirements, on a development consisting of a one e.re tract located on the west side of Duncan. Street between Smith Street and Dallas Drive (V-12). Mr. Carson stated there were three reply forms mailed to property owners and none were returned. Mr. Brian Burke stated he is representing Hr. Robert Bell and hr.s prepared the preliminary plat. He stated there is a lot of water shed up stream from this tract. He stated there is a lot of water coming from the east and the west and the developer feels it is not consis- tent with the magnitude of his project. He stated the developer is requesting a variance so this tract will not bear the full brunt of the improvement costs. On question from Mr. Juren, Mr. Burke stated yes, they are dedicating a channel right-of-way as improvements. Mr. Robert Bell ^.tated he was a bit baffled. He sari according to the Subdivision Regulations that develop- ment on existing lots is encouraged. He stated he feels $25,000 to $30,000 worth of improvements is not encour- aging. He stated rre does have water, sower, utilities, curb and gutter and he doesn't feel is is his repsonsi- bility to spend $25,000 to $30,000 that he doesn't have. No one spoke in opposition to the request. Mr. Clark stated the developer is requesting a variance of the drainage faculities, specifically upgrading box culverts crossing beneath Duncan Street. He state.i it is his opinion this piece of property does not have the proper drainage improvements. He further stated this variance is not supported by the Engineering Depart- ment. He aided the developer is already being given some variance by not requiring a channel along the north •operty liner savings from that release should be about 7,000 to $10,000, only an easement was requestei. He added with these savings, he doesn't feel the developer is bearing the full brunt, He continued, the main requirement was culverts under Duncan Street for the drainage comin3 from the west. The drainage from the south has already been handled by developers in that area through platting. He added several other devel- opers are supplying escrow funds to enable tt.e work to be done. He concluded by saying preliminary investi- gations would have shown the property to be at the con- fluence of two small er4eks with 1100 cfs (cubic feet per second) totals granting this variance could be setting a dangerous precedent. On question from Mr. Pearson, Mr, Clark stated if the variance is granted, we could have some flooding on Duncan Street which would affect some of the businesses in that prat, ~"j • 1nd 7 n4 .K.F ry S s y l.M J 1 T+ a .i w (r n NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equip- ment, supplies or services in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor; and WHEREAS, the City, Council has go 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 CL',,y Council approve all expenditures of more than $3,000; and WHEREAS, Section 2.09 of the City Charter requires that everyy act of the Council providing for the expenditure of funds or Eor the contracting of indebtedness shall be by ordinance- NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BIDS ER ITEM NO. VENDOR AMOUNT -9406 AlI Dowtv RFL Industries, Inc. 137.940, DA 9430 All Nylor $upRly _ $98.000.00 9432 All Ejecto Core. S 8,664.00 .9434 I Witch Equipment J30,678.00 9434 2 Dentex Ford t 2,095.00 All pilot Point Fans and Ran h _ S1Ll_hq f1A 438 All Denton Floor Covering $12,067.00 SECTION 11. That byy the acceptance and approval of the above numbered items of tha submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. PAGE 1 .n SECTION III. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, 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; providea 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 becoma effective immediately upon its passage and approval. PASSED AND APPROVED this _ 2 day of. April 1985 RICHARD 0. STEWART, 11AYOK CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN CITY Wn= CITY OF DENTON,jTEXAS APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY: PAGE 2 ,..~~-~'F~._ ' 1} ' `^.i S 1 't dr."` .r inr y "l'l; rk' cPr ~ .r• 41 f, ,prti. r OATH: Apri 1 29 1985 CITY COUNCIL REVURT FUitNAT g • o+ 'COI Mayor and Members of the City Council i'RUtIs G. Claris Ilartung, City Manager SUBJECTS BID 49406 ELECTRIC METER TEST BOARD RBCUNMBAVA I011s We recommend this bid be awarded to the low bidder., Dowty RFL Industries, Inc., for the amount of $37,840.00. SU141AR1: This bid is for the purchase of one electric meter computer- controlled test system. We received three bids for this unit and have found the low bid to be the best buy for the City of Denton Utilities. BACKGROU111): Tabulation Sheet ' 1'1tUGRANS I )HIPAR-011110-S Olt GROUCS AI'l-9C'r6V-. The Electric Utility Metering Department. This will enhance quality testing for repair and accurate metering of electric usage. r 1SCAL il•IPAC'l': There is no fiscal impact on the General Fund. Respec ful subal ted: G: i:1i~Tg~li ti City Manager Prepared b I f{ o n J. Marshall, ,M. „V1tie Purchasing Agent Approved: ~1`6 40rsha II C.P.14, 1I tie h chasing Agent SID ,9406 D TITLE METER TEST BOARD EKED February 19. 1985 2 p.m. EASTERN THE STATES R.F.L. COUNT i SPECIALTIES CO. INDUSTRIES (MULTI-AMP) IOTY. ITEM DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR I VENDOR r Ll I Electronic Controlled 41,450.00 430845,00 37,840.00 I Electric Meter Test Board , LL_ I 1 I I 11 . I ! - I i I i i " aI 1~ mi a'n. a T w.. I i { 1 i F ~ - 1 . ~ 1 R-:1 L 1 ..I! M y tP l rk yti y' 1 M } t , 1 7 1. uA'Ca: Apri1 2,-1985 , C1'i'Y COUNCIL REPORT CORMAT TO: llayor and Members of the City Council FROM: G. Chris 11artuag, City Manager SU BJ EC'C: BID 19430 SEWER FLUSHING TRUCK R ECOMM ENVAC1011: We recommend this bid be awarded to the lowest bidder meeting specifications, Naylor Supply, in the amount of $98,000.00. This price is for the truck and flushing body combination. SUMM AR Y: This truck will be used to clean sewer mains, storm sewers, lift stations, etc. B AC KG ROU11IU: Tabulation Sheet. The truck offered by McNatt Chevrolet does not meet specifications. The GYW is 4000 lbs., too, light, and the front axle is below the mi6imum requirements. PROumyiS, UEPARVIEN'1'S Oll_GROUPS AFfE TEDI. Motor Pool and.Water 6 Sewer Field Services FISCAL wrACT: 1984-85 Budget Account 0620-008-0471-8509 Motor Pool Replacement Account Number 720-004-0020-8707 This unit is being funded thru a lease/purchase agreement (Bid 19370). Resrectful su 1 ed: 16 CIirT3'Tl~fii City Manager Pr \ red b i 1 • Ram a Tom 0. Shaw, C.P.M. Title Assistant Purchasing Agent A 5rove Na1ko a J. Marshall, C.P.M. Purchasing Agent 81D .f 9430 SID TITLE SEWER FLUSHING TRUCK OPENED March 19, 1985 2 p.m. NAYLOR I.D.S. E.S.S.I. MCNATT ACCOUNT ~ OTY. ITEM DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR 1 Sewer Cleaning Unit 63 000.00 63,913.00 - - 2 1 1 Truck Cab/Chassis 35.000.00 361994.(:. - 289295.95 3 1 Combination 989000.00 100,857.00 104,980.00 Delivery 90-120 Days 180 Days 135 Days 90 Days 7-1 ,w 11A 1 Alt 5,7X61, jyr x y DATE-. April 2, 1985 C1'fY COUNCIL REPORT rota A'i' Oros Mayor and Members of the Clt; Council FROM: u. Clkris 11artung, City Manager SUBJ6C'rI BID #9432 MATERIAL HANDLING TRUCK BED , „ ROCUIV ERVAr10111 We recommend this bid be awarded to Ejecto Corp. in thi amount of $8,664.00. SUNH AR Y: This material handling truck bed is designed to handle asphalt, chat screenings and and for application to streets and bridges. The use of this unit will allow for the saving df labor cost and a much more accurate application of material. The truck for this unit is currently in the Motor Pool. Ejecto is the only bidder since the factory is in Keller, Texas, D ACKGRU UN Ds and they sell to all of Texas from the factory offices.' Tabulatioim Sheet 11ROU NIS, UG1'ARVIIIH-1-S Ull_ GIIUUPS Ai-HkC HU-. Street 14ainterrance'and Construction riSCAL 114CACT Motor Pool Replacement Account 0720-004-0020-8707 Res tf y a b tteds l~ • y 94 b': t:K~T3"Il~t`flltig City Manager Pro) ed bys Tom D. Shaw, C.P.M. fItI$ Assistant Purchasing Agent Approveds Hima o J. Iiarshall, C.P.14. ~~,tle P rchasing Agent AGENDA CITY OF DENTON CITY COUNCIL April 9, 1985 Specisl Called Meeting of the City of Denton City Council on Tuesday, April 9, 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 adopti)n of an ordinance canvassing the results of the April 6, 198S City Officer election. 2. Administration of Oath of Office to newly elected City Council Members. 3, Consider selection of the Mayor Pro Tem. 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 Appsintments Under Sec. 2(g), Art 6252-17 V.A T.S. C E R T I F I C A T E I certify that the above notice of meeting was posted on the bulletin boar+ at the Cit Hall of the City of Denton,oTexas, o the day of ` 6 1985 at 1 clock a.m ) p. m. r 17000 BID 9432 EID TITLE 1UITERIAL TRUCK BEO OPENED March_ 19, 1985 2 ga. EJECTO ACCOUNT / CORP. OTY, TEl1 DESCRIPTION VENDOR VENDO VEN JR VENDOZ VENDOR VENDOR VENDOR 1 B lk Material a 1 8,664.00 Truck Bed Delivery 30 Days r. ES'J. a 7 r ^ g", t `liAfGYt April 2, 1985 Ci'1'Y CUUNCLL IMPORT V0*1A'T 701 Mayor acid Members of the City Council j DRUM: G. Chris Itarmig, City Manager SUBJBC•C: BID #00434 TRENCHER 6 TRAILER RACU14MEAVAl'101I: We recommend this bid be awarded to the lowest bidder meeting specification for each item. Item 1 to Witch Equipment in the amount of $30,678.00 Item 2 to Dentex ford in the amount of $2,095.00 SUI.IMARY: This bid is for the purcahse of trencher and trailer to be a portion of the motor pool fleet. The unit will be assigned to the Electric Distribution Dept., underground installation. DACKGRUUIIU: Tabulation Sheet PRUGRN-IS, 11i3PA1C1M1i11'l'S Olt UROUPS Ar-FEC• 80'. Motor Pool Electric Distribution 1`15CAL 11417AC'1': Motor Pool Replacement Account #120-004-0020-8707 $15,200.00 1984-85 Fiscal Budget Account 0610-008-0252-9230 17 513000 32:773! uU Respectfully sulm tads CafT`T3- ~1 City I.lanager Pre red by I~i+ma Tom D. Shaw, C.D.M. title Assistant Purchasing Agent Approved: o n J. Marshall, C.P.M. c.t~ t l e i Purchasing Agent V BID 9434 1tD TITLE TRENCHER & TRAILER 5PENED March 19, 1985 2 D.m _ WITCH HALL VERMEER DENTEX P.L.J. EQUIPMENT EQUIPMENT EQUIPMENT FORD SERVICE ~CCOUiC: 0 610-008.025?A2s0 CO. A SUPPL( OF TEXAS CO. INC. 4 IOTY. STEM DESCRI?TIO VENDOR VENDOR --VENDOR VENDOR VENDOR VENDOR VENDOR dL--, Trencher 31o297 00 -30,678.dO 31605a.00 J- I - -T Make DN Midmark Vermeer 1 I ~ II _ 1 I I 2 1 Trailer 2,142.50 39240.00 2,100.00 2,095.00 M1 . Alternate 249500.00 ~I I Used Trenche ra er ~ ~F, F ~'o 'Kati t ~p•[ ,t W ,F 'r M1C: !l..j 0'. UATIi: April 2, 1985 C1'rY COUNCIL IWURT IQiV)AT r0: Mayor and Members of the City Council FROM: G. Chr13 Ilartui►g, City Manager SUBJBUT I BID 19437 BERMUDA GRASS SPRIGGING RGCO14hifil111A•f1011: We recommend this bid be awarded to the lowest bidder of Pilot Point Far. and Ranch in the amount of $13,449.00. I I SUHH ARY: This bid is for the sprigging of approximately 60 acres of the Mosely Road Landfill site. The price incluQes land preparation, sprigging, over-seeding and two applications of fertilizer. The U.S.D.A. Soil Conservation has worked very closely with the U AC KO ROUIIU: City in preparation of this bid. I Tabulation Sheet I I'1kOGIkN-1S, UGPAIt'I111INTS Olt GROUPS Alor-EC'[61): I A. Solid Waste. B. Closing out of Mosely Road Landfill Site FISCAL 114PACT: 1984-85 Budget Funds 1631-002-0803-9009 Solid Waste Bond Funds - Land Improvements Ites'1)02t E y s b tteds 6:`6irT3`iITI'> a city Haosgor Prey red by flniae Tom D. Shaw, C,P.M 'rltle Assistant Purchasing Agent Appro vedl ' t tv mo\ a h J. Marshaitt C.P.M. Purchasing Agent -510 1 9437 SID TITLE_ SPRIGGING, BERMUDA GRASS MANN ADRIN PILOT OPENED_ March 21, 1985 2 p.m. ROBINSON CONWAY POINT FARM A ACCOUNT ! RANCH IOTY. ITEH C I T 0 VENDO VENDOR VENDOR VENDOR VENDOR VENDOR I VENDOR 1.0 Sprigging Bermuda Grass 16,740.09 14,910.00 13,449.00 ~ I I . wl L k A, e ` S DATE: CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: Bid #9438 Carpet,- Phase III Remodel and West Wing-Addition RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Denton Floor Covering, at the total price of $12,061,00. SUMMARY: This bid is for the carpet and installitation of Phase III remodel and the West Wing Addition, BACKGROUND: Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Remodel project FISCAL 114PACT: There will be no impact on the General Fund. Respectfully submitted: s Y City Manager repared by, 1 ame Denise Mann g Title Buyer Ap owed; t ohn Marshall PUrchasin) Agent SID ! 9436 11D TITLE Carpet-Phase III/Nest Ming Environ Denton Denton c & C SPENED 2pm 3-26-85 Plaza Floor Carpet Co. RCCOUNT I 430-004-020H-(913769136) Covering 0 OTY. ITEH ES I T 0 VENDOR VENDOR VEN R VENDOR VENDOR VENDOR VENDOR 1 LOT Carpet d Installation :120718.00 X12,067.00 :12,612,50 Phase III only 6999.53 DELIVERY 30 days 30 days - ~a x s car ' 1 F f z v °di. t NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS: PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR: AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improve- ments in accordance with the procedures of state law and City ordinanes; and WHEREAS, the City Manager or a designated employee has i received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therefore; 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, 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 bide: BID NUMBER CONTRACTOR AMOUNT 410.,_„_ daOs.P~hltc Cn_ -ur-AI2 00r SECTION 11. That the acceptance and approval of the above compatititva bide shall not constitute a contract between the City and the 7W7747 7 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 bonde, 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 herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantitites 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 ordinance shall become effect:•te immediately upon its passage and approval. PASSED AN1, APPR-jVED this the 2 day of April , 19-•. RICHARD 0. STEWARTj KAYO CITY OF DENTON, TEXAS ATTEST: CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM; JOE D. MORRIS, ACTING C01? ATTORNEY CITY OF DENTON, TEXAS BY: J 9 1' a . '~,r c r 0 1)ATG: April 2, 1985 CITY UUNCIL RGPURT 16URrIAT TU: Mayor and Members of the City Council PROM: u. Chris 11artung, City Manager S U UJ BUTS BID 09410 BELL-EAGLE/WOODROW-SPENCER INTERSECTIONS IMPROVEMENTS 118CU141811UAT 1011We recommend this bid as submitted for both Bell-Eagle and Spencer-Woodrow be rejected. We then recommend that the alternate low bid be accepted for the Spencer-Woodrow Intersection, as submitted by Jagoe Public Co,, for $86,412.20. S MIN AR Y: We submitted this bid to several vendors of which Calvert Paving and Jagoe Public are local contractors. We received only one bid complete from Calvert Paving for the total of ;182,640.45. After careful evaluation add consideration, we found that the Bell-EAgle project was bid some $32,000.00 more than our budgeted amount. We, therefore, cannot award this portion of the bid. I)A1:1(UitUU11U: Jagoe Public bid an alternate on Spencer-Woodrow only, with a -1) total of $85,412.00 as shown on the attached bid proposal sheet. Tabulation Sheet and Bid Proposal 111tUGRAHSl 11HPA1C1M1311-CS Olt GUUPS AC1-GCTUD-1 Capitol. Improvements to connect the intersection of new-old Woodrow and Spencer Road. FISCAL IMPACT: Iteshec~F%I ly s .w teJ: city 1•la::ager Pre ared b s li- e o . Marshall P.14. t I a Purchasing Agent Ap ► vet; n Marshall, C.P.N. tY~ Purchasing Agent BID # 9410 Pot SPENCER-WOODROW TIE-IN BID TABULATION SHEET Item Descr oc Bid Ouantity Unit_Prtce Ext Total 100 Peeparation of blight-of-Way lump sum ; D 00 M.S. = r0'ner..y? 110 Unclassified Excavation 1217 C.Y. _ 7S MY. 9, rtq.Is 132 Compacted fill 730 C.Y. ; 2,00 /C.Y. ; joj& 0.a? 260 6" Line Subgrade 4495 S.Y. $_L. 2.f /S. Y, ;.S+Gl~.75 264 Type A--Hydrated Line 40 T.N. ;,,7jLf /T.N._ ;_41120.04 340-A1 4 1/2" Asphalt Base Type "C" 4075 S.Y. $ /S.Y. ; 44,130 co' 340-A2 1 1/2" Asphalt Base Type "D" 4075 S.Y. /S.Y. ; I2 - 432 Concrete Riprap 33 L.F. $12-.0-0 /L.F. 465-A 48" Rcp 45 L.F. 81j&f IL. r., ; ~c•a0 465-8 48" Safety Ends (Osl) 1 E.A. ;1800ILIit.A.. ; o.~ 470 Junction Box 1 E.A. $34AQ„&I/E.A. =30go•q-0 $22 Concrete Curb and Cutter 836 L.F. $ u /L.F. $ fdAlfl 524 Concrete Flatwork 23 S.Y. ;'&,/f /S.Y. BID TOTAL $A Itt,2 d BID 0 9410 PQO BELL-EAGLE INTERSECTION IMPROVEMENTS BID TABULATION r)HEET Item Description _ Bid Quantity Unit Price Ext T 100 Preparation of Right-of-Way L.S. $ /L.S. $ 104-A Remove Concrete Pavement 200 S.Y. $ /S.Y, $ 104-B Remove Curb & Gutter 23 L.F. $ /L.F. $ 04-B1 Remove Integral Curb 915 L.F. $ /L.F. $ 260-S Trevira Paving Mat 1024 S.Y. $ /S.Y. $ 360 $'1 Concrete Pavement 1024 S.Y. $ /S.Y. $ 432 Class B Concrete Riprap 470 S.Y. $ /S.Y. $ 520 Integral Curb 2000 L.F. $ /L.F, $ S P-2 Sawcut (Existing Concrete) 150 L.F. $ /L.F, $ TOTAL BID $ dendum Received U -f ternate #1 432-S "Pavestone" Unistone 470 S.Y. $ /S.Y. $ P.3 r=1311) SVMKARY TOTAL DID PRICE: IN WORDS lily®ocivow - S oe kin e 400 'ZI- Z~ o //ec r c In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful.claims for labor performed and materials furnished in the fulfillment of the contract. It is understood'that the work proposed to be done shall be accepted, when fully completed and finished in al:cordance with the plans and specifications, to the satisfaction of the engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and Cinal. Mit and lump-sum prices as shown for each item listed in this proposal, shall control over extensions, lt. CONTRAC R BY Y ~Y ✓CS. ~ 17 at H C, 4P Street Address / l X. 7 b Z Q Z City and state teal 6 Authortzation If a Corporation) 3~'2- 2 5~0 Telephone. P - 5 _ 941Q - - IBID TITLEBell-Eagle/Woodrow-Spencer Intersection Improvements OPENED lurch 5. 1985 2 p.m. CALYERT JAGOE PAVING PUBLIC ACCOUNT 1 '.Y.1 ITC*!~ ESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR I VENDOR Y Be]]-Eagle/YoeArew-Sppnrer 182 641.45 N8 1 Complete i _I i i • i i Alternate Bid I i I I Woodrow-Spencer Improvements i i 82,412.20 li I I i I - . LT f +art,= Choi DENTON, TEXAS MUNICIPAL BUILDING/ DENTON, TEXAS 76201 /TELEPHONE f817)566-8200 M E M O R A N D U M DATE: March 22, 1985 TO: John Marshall, Purchasing Agent FROM: Jerry Clark, P.E. RE: Kansas and Topeka Railroad Crossing for Woodrow Colorado Boulevard Connection After talking with Larry Lum of the KA'T'Y railroad, the cost of the timber :rossing was given at approximately $10,000. As we discussed, ti:is amount of money should be considered by the City Council with the Spencer-Woodrow bid to more properly consider the actual total expenditure. Tnis figure may be changed slightly but should be good enough for review. If a major cost increase is presented with the contract for the crossing, it will be resubmitted to the City Council for their approval. '00- Jerr Cl k P.E. Cit a in r is #0281E 1 6 C1T'Yof DENTON, TEXAS MUNIt1PAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8200 M E M O R A N D U M DATE: March 22, 1985 TO: John Marshall, Purchasing Agent FROM: Jerry Clark, P.E. RE: Kansas and Topeka Railroad Crossing for Woodrow - Colorado Boulevard Connection After talking with Larry Lum of the KA'T'Y railroad, the cost of the timber crossing was given at approximately $10,000. As we discussed, this amount of money should be considered b;= the City Council with the Spencer-Woodrow bid to more properly consider the actual total expenditure. Tnis figure may be changed slightly but should be good enough for review. If a major cost increase is presented with the contract for the crossing, it will be resubmitted to the City Council for their approval. coaA-- l,.-_ Jerr C1 P.E. Cit. n in r is #0281E } s. NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCOR- DANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, state law requires that certain contracts requiring an expenditure or payment by the City in an amount exceeding $5,000 be by competitive bids, except in the case of public calamity where it becomes necessary to act at once to appropriate money to relieve the necessity of the citizens, or to preserve the property of the city, or it is necessary to protect the public health of the citizens of the city, or in cash of unforeseen damage to public property, machinery or equipment; 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, TEXAS, HEREBY ORDAINS: SECTION I. That the City Council hereby determines that there is a public calamity that makes it necessary to act at once to appropriate money to relieve the necessity of the citizens, or to preserve the property of the city, or to protect the public health of the citizens of the city, or to provide for unforseen damage to public property, machinery or equipment, and by reason thereof, the following emergency purchases of materials, equipment, supplies or services, as described in the "Purchase Order" attached hereto, are hereby approved: ,..~y ; ~ :a a ap y, +1 :?7 M 1 ~j,; au.z , r., ~ rF d jFa,;,~~ • r~ ire. PURCHASE ORDER NUMHEP. VENDOR AMOUNT 67724 JsaOe Public _ 56,525.00 _ SECTION II. That because of such emergency, the City Manager or designated employee is hereby authorized to purchase the materials, equipment, supplies or services as described in the attached Purchase Orders and to make payment therefore in the amounts therein stated, such emergency purchases being in accordance with the provisions of state law exempting such purchases by the Zity from the requirecants of competitive bids. SECTION III. That this ordinance shall `oecome effective immediately upon its passage and approval. PASSED AND APPROVED this the 2 day of April 19 G5. RICHARD 0. ,MAYOK CITY OF DENTON, TEXAS ATTEST: CH~M , CITY SEMETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: JOE: D MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS BY: PAGE 2 DAT 13 Apri l 2, 1485 CFfY COUNCIL REPORT FORMAT 'ro: Mayor a::d Members of the City Council VR M: G. Chris Ilurtuug, City Mauager SUDJBC'r: PURCHASE ORDER 167724 JAGOE PUBLIC RBCUMMENDAr1U11: We recommend this emergency purchase order be approved for payment in the amount of $6,525.00 to Jagoe Public Construction Co. SUI.IMARY: This bid is for the overlay of the road leading into the new landfill (Edwards Lane). The price for asphalt is based on our annual contract at i23,00 per ton. The pro3ect was hurried so construction crews would not interfere with the landfill opening. DACKUROUIih: Purchase Order !67724. i'1tU~RAFIS, DUVAlt•rMIMTS Ult CitUUrS Ar-FfiCT'GD: Solid Waste Landfill FISCAL MrACT: 1984-85 Budget Account Number 631-002-0803-9105 Solid Waste Bond Funds Respectfully subw tted: G: 1:13Y~3~11.3`c Ettti City I•la::ager Pre red by: IiA-me Tom D, Shaw, C.P.M. Title Assistant Purchasing Agent Agjroved: Rome, Joh J. rshall, C.P6M. axle Pu chasing Agent 216't McKINNEY ST. 00ft O ORDEI DEN t6k. TX 76261 P. 0. NUMBER DATE/VENDOR NO. DOCUMENT TY 67724 3/26/85 LANDFILL . VENDOR: SHIP TO: Jagoe Public Co. 3020 Fort Worth Dr. Denton, TX 76201 ITEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION BID NO. LINE AMOUN 01 631 002 0803 9101 225 Overlay Edwards Road 5175.00 02 631 001 0803 9101 225 Labor 1350.00 TOTAL FOR P.O. 69525.00 The City of Denton, Text& Is tax exempt • House Bill No. 20. NA~ Reference P.O. Number on all BA, Shipments and Invoices. ~}'l S Shipments are F.O.B. City of Denton, or as Indicated. Send Invoices TO: Direct All Inquiries TO: City of Denton, Accounts Payable John J. Marshall, C.P.M. Purchasing Agent 245 E. McKinney St., Denton, TX 78201 Tom 0. Shaw, C.P.M. Asst, Purchasing Agent Phone 897!66648223 817156Wj i DIFW Metro 287-0042 The City of Denton is an equal opportunity employer DATE: CITY COUNCIL REPORT FORMAT TO: Mayor and yembers,of the City Council Do FROM. G. Chris Hartung, City Manager SUBJECT: Contract with just Technical Associates, Inc. for interactive Data Collection Facility. RECOMMENDATION: The City of Denton purchase a software package, enabling data entry functions be performed on computer terminals from just Technical Associates, Inc. for a total cost of $10,000. SLR.IMARY: BACKGROUND: With the anticipated upgrade of the host computer in June the use of keypzched cards will not be acceptable. This package would provide the Data Processing Department with a method for inputing data normally keypunched, via earputer terminals. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Tax collection, Inventory Accounting, carmercial Solid Waste Customer. Reporting, Tax Division, Accounting Division, Purchasing Division, Data Processing Department. F ISCAL I'9 PACT: Costs for software package has been budgeted. The elimination of maintenance costs on currently owned card equipment will result in 1.5 year payback period on this contract. Res pec~fLs4fiiytted: z4&q0. G. Curls Hartung City Manager Prepared by: G9Q Name ,ary A. Collins _ Title Director of Data Processing AFP ove Title" Assistant City Manager i ~ Ma~ NO. ~ V 1 t-1 r" 1 L.i AN ORDINANCE APPROV.NG AN AGREEMENT BETWEEN THE CITY OF DENTON AND JUST tECHNICA', ASSOCIATES, INC. FOR AN INTERACTIVE DATA t.+ COLLECTION FACILY"'1 (IDrF), AND PROVIUING FOR AN EFFECTIVE DATE. r. WHEREAS, if is in the best interest of the City of Denton to provide for its future needs for data collection; and ' WHEREAS the city staff has recommended that Just Technical Associates Inc., be retained to provide an Interactive Data Collectior Facility; and VHEP-'AS, Section 2.36(f) of the Code of Ordinances requires that t'.e City Couvail approve all expenditures of more than $3,000, sad ',HERESS, Section 2.09 of the Charter of the City of Denton, Tcx.s requires that every act of the Louncil providing for the er,enditure of funds or for the contracting for indebtedoess s1alL be by ordinance, NOW, THEREFORE, fHE COUNCIL OF THE CITY OF DENTON; TEXAS HERESY ORDAINS: SECTION Y. • That the City Council hereby approves and authorizes the Mayor and City Secretary to execute and attest, respectively, the agreement between the City of Denton, and Just Technical Associates, Inc., providing for an Interactive Data Collection Facility (IDCF) under the terms and conditions being contained in said agreement which is attached hereto and made a part hereof. SECTION It. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1965. RICHAA 0. STEWART, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE MEN9 CITY SECRETARY CITY OF DENTON, TEXAS . APPROVED AS TO LEGAL FORM: / JOE D. MORRIS, ACTING CITY AT'L. CITY OF DUMN, TEXAS D1" ~ ::(f N Isr F~.',d,.'f '~.•o- it sN ] k7 ip..i Y], Just ~ '~'adh~laal Assoalaten, Ina. 17120 Dallas Parkway Suite 125. Dallas, Texas 75248 12141931-9111 • March 4, 1985 Mr. Gary Collins City of Denton Municipal Building Denton, TX 76201 Dear Mr. Collins: Just Technical Associates, Inc. is pleased to offer this proposal for the Interactive Data Collection Facility (IDCF) for the City of Denton, Texas. This product is designed to alleviate bottle necks in data collection and to help streamline related functions. Just Technical Associates, Inc. provides this product based upon the following criteria. • JTA will deliver and install • JTA will provide maintenance and program modifications for the-product for the second year free of charge. (The annual maintenance charge for • the second year is $1000.) 0 JTA will provide up to eight (8) hours of on site implementation support at no cost Payment schedule: • Total cost at a reduced price of $10400 01 $6,000 upon completion of installation and testing • $2,000 upon delivery of documentation (approximately forty-five (45) days) i $2,000 at the completion of the 90 day acceptance perfod JTA values highly the opportunity to provide this product to you and is looking forward to working with you to meet your futute needs. If I can provide any additional information or clarification, I will do so at your convenience. I-, lit Respectfully► s r, el ';00 Brian P. Yroko Marketing Representative TV L BPP/nmh ~7 l', rr Jutr +1. "U."" ti bNW. MME!'"a of W W"~ M.r~i~rlrlll r.~.,-ra r•+~. 047 .1 ,•r,. H a JUST TECHNICAL ASSOCIATES, INCORPORATED ' rw . PROGRAM PRODUCT LICENSE AGREEMENT NO. 85401 This PROGRAM PRODUCT LICENSE AGREEMENT is made as of March 4, 1985 by and between Just Technical Associates, Incorporated, d corporation of the State of Texas, having an office at 17120 Dallas Parkway, Suite 125, Dallas, Texas 75242, (hereinafter referred to as JTA) and the City of Denton, having an office at the Municipal 13uilftg, Denton, Texas 76201 (hereinafter referred to as the City). The purpose of this Agreement Is to set forth the terms and conditions under which JTA will license to the City the use of the program product(s) specified herein. Now therefore, and in consideration of the mutual promises and covenants hereinafter contained, the parties hereto agree as follows: 1.0 PROGRAM PRODUCT 1.1 A full and complete description of the program product(s) which are • the subject of this Agreement is included on the attached License Agreement Addendum which establishes the description of the program product(s), the term and extent of the license, and the price and charges therefore. The License Agreement Addendum is a part of this Program Product License Agreement and is attached hereto and incorporated herein by reference as if fully set forth. The terms listed on said Addendum have been agreed to by the parties as evidenced by their signatures thereon. 2.0 TERM 2.1 The term of this Agreement shall commence on the date of execution hereof and shall remain in effect for as long as the program product(s) are licensed hereunder. The term of the license granted hereunder shall commence on the date the program product(s) tape is received by the customer and shall remain in effect for the period of time specifies In the License Agreement Addendum. 3.0 PAYMENT 3.1 The City agrees to pay JTA the charge for licensing the program product(s), including all applicable taxes, in accordance with the ter, - sbr forth in the License Agreement Addendum, within thirty (30) w,. of the date of JTA's invoice. K 7-, 7 71 t -ri. C' 4 ,r ;•tinti r;". ",`.k r lW'u.t ~iihiwy r~ ev yL P~ _ t g t i zK Prograrr Product Licenso Agreement No. 85-801 Page 2 4.0 GRANT OF LICENSE 4.t - JTA hereby grants to the City the use of the program product(s) described in the License Agreement Addendum for the period of time stated in said Addendum. This license extends to all necessary documentation and related materials for the use of the program produe t(s). 4.2 The use and license granted herein is a personal, non-transferrable, and non-exclusive license to use the program product(s). 4.3 This license is for the use of the program product(s) on the City's computer system. The City shall not transfer the program product(s) to any secondary installation sites nor shall thie City make copies of the program for use at any sites other than the original installation site. JTA shall furnish the City one copy of the program product(s) which • the City may use for its Internal purposes. Should the City find it necessary to make an additional copy of the program, it may do so only for uae at the original Installation site. However, the City shall not transfer any copies of the program or the original program to any other sites other than the original installation site. If the City wishes to usA. the program at more than~one site, It must first obtain the written permission of JTA and pay JTA s reasonable fee for the additional use. The same reasonable fae will be charged for any copies of the program product(s). 5.0 DELIVERY AND INSTALLA ON 5.1 JTA will deliver the program product(s) licensed hereunder on magnetic tape for installation by the City. 5.2 JTA shall assume all risk of loss or damage to the program product(s) prior to delivery to the City. 5.3 JTA will provide assistance to the City during the installation and implementation of the program product(s) as specified In the Licensc Agreement Addendum. 5.4 JTA shall be reimbursed by the City for aU reasonable actual expense- incurred by JTA In assisting in the installation and implementatior. These expenses include travel and living expenses for assistan•:: performed outside of the Dallas/Fort Worth area. `V 7 ♦ 4 ♦ aY E`.~ yy" S rt t.'74~2 t I L ~L . CL C{ ~ Y 1. . tt . d' Y x' t Program Product License Agreement No. 35-301' Page 3 6.0 MAINTENANCE AND PROGRAM MODIFICATIONS 6.1 JTA will provide maintenance, at no cost to the City, for a period of one (1) year following delivery of the program product(s) to the City. 6.2 JTA will supply to the City all problem solutions as they become known to JTA. 6.3 JTA will supply a temporary fix or make a reasonable attempt to make an emergency bypass to the problem if the program product(s) yields incorrect results and if the City diagnoses the problem as a defect in a current, unaltered release of the program product(s). 6.4 JTA will provide the City with aU enhancements which relate to the current program product(s) and are not separately priced or marketed by JTA. 6.5 Continuing maintenance is automatically provided and renvKed in minimum Increments of twelve (12) months at JTA's standard maintenance charge in effect at the beginning of each maintenance period. The City may decline to automatically extend the maintenance by notifying JTA in writing thirty (30) days prior to expiration of the existing maintenance period. 7.0 CONFIDENTIAL AND PRCPRIETARY INFORMATION 7.1 The City hereby acknowledges and agrees that the program product(s) licensed under this Agreement are the trade secret, confidential and proprietary information of JTA. The program product(s) are and shall remain the property of JTA at aU tines. The City agrees to hold said Information confidential and to safeguard it in the same manner as it would protect Its own confidential and proprietary information. The City agrees not to disclose said information to any third parties other than Its own employ.+es or agents and to usa the program only for necess try purposes within the City's internal e,perations. 7.2 The City further agrees not to sell, assign, distribute, or disclose the program product(s) or any parts thereof to any other person, firm. corporation, or business antity and the City wIA use all reasonable: efforts to confine the information concerning the program product(s) 1. Itself. The provisions hereinabove stated regarding 2onfidentiallty sot, protection of the proprietary information shall apply to any and i.l materials, documentation and (nfsrrnation regarding the progrs, product(s) which has beet given to the City prior to or after tt:: ex:cution of thin Agreement. The Agreements and representation.; Weinabove made shall also survive the expiration or termination • this program Product License Agreement, s :.,.r { .!a w s .~:y orya^ i r ,~a r ,v w u rti a .+a: <r r ~ 3 Program Product License Agreement No. 85-301 Page 4 • 8.0 TITLE AND OWNERSHIP 8.1 It is understood and agreed by the parties to this Agreement that ownership of the license program product(s) shall at all times remain with JTA- The City shall not be entitled to receive the current source .ode of the program product(s) nor any additional Information regarding the program other than that which Is forwarded to the City by JTA for Installation and normal use. 9.0 LIMITATIONS OF LIA[DILiTY 9.1 There are no warranties or representations by either party express or Implied, In fact or In law, Including but not limited to any implied warranty of merchantability or fitness for a particular purpose, and any warranty arising from course of performance, course of dealing or usage or trade. 9.2 In no event shall JTA be liable for any damages or loss of profits or revenue or for any Indirect special, punitive, exemplary, Incidental, or consequential damages arising under the terms of this Agreement or the transactions connected herewith, except to the extent that said damages do not exceed the cost paid by the City for the purchase of • the program product(s) license herein granted. The price for the cost of said program product(s) license shall constitute liquidated damages for, the City herein. 10.0 TERMINATION IDA This Agreement and any license created hereunder may be terminated under any of the following conditions: 10.1.1 upon the termination date as specified in the attached License Agreement Addendum. If th 10.1.2 By the product(s) time not during rperfohm to acceptance the City and JTA Is so notified In writing. 10.1.3 By JTA at any time during the term of this Agreement, if the City breaches any of the warranties, representations, obligations required of the City according to the terms a;_.' conditions of this Agreement. 10.1.4 By either party upon the material failure of the other part% to perform its responsibilities and obligations hereunder submitting notice in writing to the other party of the material failure, and provided that the material, failure or default has not been corrected within 30 days after thii receipt of such notice. w. TN?!M Ad e » 01 Program Product License Agreement No. 35-901 page S • 11.0 RESTRICTION ON DEVELOPMENT OF SIMILAR PRODUCTS 11.1 • The City hereby warrants end represents that it will not develop, attempt to develop or assist in the development of any similar products to the program product(s) licensed hereunder. It is agreed and understood that the licensed program product(s) Is the trade secret and confidential information of JTA and that it shall net be used by the City for the development of any similar products or of other products related thereto. It is further agreed and understood that the City will not allow any third parties to obtain this confidential and proprietary information and will oxercise all due care to prevent any third parties from obtaining said information from the City's computer systems. 12.0 NON-ASSIGNABILITY 12.1 Neither this Agreement, any license granted hereunder, nor any program product(s), documentatLon or materials may be assigned, sub- licensed, or otherwise transferred by the City to any third parties without JTA's prior written consent. 13.0 GOVERNING LAW • 13.1 This Agreement shall be enforced and interpreted in accordance with the laws of the State of Texas. Any venue for legal action shall be in Dallas County, Texas. 13.2 The parties hereto acknowledge that they have read this Agreement, and the License Agreement Addendum, which has been attached to this Agreement and made a part hereof, and agree that they shall. be bound by the terms and conditions hereinabove stated. Any prior statements or representations by the parties shall be merged into this written document and the terms of this written Agreement shall control. No modification or amendment to this Agreement shall be effective unless it is agreed to in writing and signed by all parties to this Agreement. JUST TECHNICAL ASSOCIAT S, INC. THE CITY OF DENTON SIGNATURE: SIGNATURE: NAME: Robert S. S~rgtt Jr. MAME: TITLE. President TITLE: DATES,Marctt _4. Q85DATE: r ~v . APPWAD AS 10 FORM: CM ATTOWY. MY Of OEN70A,TEXAS By; 7- T- a JUST TECHNICAL ASSOCIAI'E8, INC. LICENSE AGREEMENT ADDENDOM PROGRAM; PRODUCT LICENSE AGREEMENT NO. SS-801 This ADDENDUM supplements and more specifically details the terms and conditions in the Agreement between Just Technical Associates, Inc. WTA) and the City of Denton (the City). The Program Product Order(s) which are attached hereto are a part of this Addendum for all purposes. • ~v JUST TECHNICAL ASSOCIATES, INCORPORATED • PROGRAM PRODUCT ORDER CLIENT: THE CITY OF DENTON Page 1 of 1 ACCEPTANCE AGREEMENT N0: 85-801 PERIOD: Days PROGRAM PRODUCT: Interactive Data Collection Facility (ID%.;F) i " PROGRAM PRODUCT DESCRIPTION The Interactive Data Collection Facility (IDCF) is an interactive, online CICS application that allows for the timely entry of data into multiple repositories available for extract and use by data processing inrormation manageme:At systems. PROGRAM PRODUCT DELIVERABLL 1. Executable programs 2. Reference manuals (3) 3. 'System HELP File ASSISTANCE PROVIDED BY JTA I. Complete installation and testing Eight hours implementation assistance PRICING SCHEDULE - - - LICENSE CHARGES - - - 1 OF i DESCRIPTION COPIES TERM MONTHLY ANNUAL ONE TIME IDCP 1 PERPE'T'UAL $10,000 MAINTENANCE 12 mos. $ 0 i (Year 2) I S 1CNA`fURE JTA! CLIENT: MINUTES CITY OF DE NTON DATA PROCESSING ADVISORY BOARD March 11, 1985 Called meeting of the City of Denton Data Processing Advisory Board, Monday March 11, 1985 at 7%00 AM at the Ramada Inn. 14mbers Present: Gerald Cardwell Dale Maddry Ronald McDade Ray Pittman Others Present; Gary Collins of the City Staff 1. The meeting was called to order by Gerald Cardwell. Due to the- lack of a quorum at the previous meeting no minutes were available and no action was taken in regards to minutes. 2. Gary Collins discussed a proposal from TRES Corporation that the City of Denton be allowed a 50% reduction in the costs of the Affirmative Action and Position Control extensions of the Payroll/Personnel package known as "BIS". Mr. Dale Maddry asked about the portion of the proposal that indicated that the prior TRES Corporation Personnel had made a eamdttment to the City of Denton to provide these extensions at no costs. Gary Collins explained that it was his understanding that a verbal ooanittment had been made to Mr. Bill McNary, the former Director of Finance, by TRES Corporation to provide these software package extension beta written agreement did not exist. Mr. Eon McDade suggested that the City Manager write the Chief Lxecutive Officer of TRES a letter expressing the City of Denton's under- standing, the city of Denton's past relationship with TRES Corporation, and the city's position in this matter. Gary Collins indicated he had planned on having the City Manager write such a letter. 3. Gary Collins discussed the need to replace the current keypunch equipment with another means of entering keyed data due to the inability of the upoadM upgrade of the host cmputer to accept card input. Gary Collins explained the implementation of this software package would give Data Processing the capability of keying data directly to the host computer's disk drives with currently existing terminals. Zhere was a discussion of othssr methods such as key to tape and key to diskette and Gary Collins indicated that the volume of data entry was not suffioent to justify the acquisition of additional equipment for data entry functions. Gary Collins explained the elimination of monthly maintenance costs on the card equipment ► would provide for a 1h year ai back for this software package. Mr. Ray Pittman made a motion to recom end the City of Denton enter into a contract with just Technical associatrAl Inc, for a software package known as Interactive Data Collection Facility (IOC`.F). Mr. Ron K-Dade seconded the motion and the motion passed unanimously. 4. Dale Maddry asked if there had been any new appointements to the Data Processing Advoisory Board. Gary Collins explained he was not aware of any new members. 'T'here being no further business the meeting was adjourned. I I I 'I R DATE: C4/02/85 CITY COUNCIL REPORT FORMAT TO. Mayor and Members of the City Council r FROM: G. Chris Hartung, City Manager SUBJECT: ADOPTION OF ORDINANCE (Z-1702) RECOMMENDATION: The City Council approved Z-1702 at a meeting held on February 19, 1985. SUMMARY: The ordinance establishes a planned development district on a tract of 31.027 acres situated at the southwest corner of Ryan Road and Teasley Lane. BACKGROUNDt The planned development uses are compatible with the policies of the Denton Development Guide. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Not applicable FISCAL IMPACT: Not applicable Respectfully submL11 • G. Chris Hartung City Manager Prepared by: -.34 "1~ Harry N. a sand ,Urben,~laer,~ rt,~ Manner Appr ve Jeff Me Director of Planning and Community Developiaent 0757j14I 10481 NO. AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON TEXAS, AS SAKE WAS ADOPTED 4 AN APPENDIX NOTO THE . 69-IC, CODE OF ASR SAID 6F THE CITY TO OF DENT ON, TEXAS, BY APPROXIMATELY 30.3595 ACRES OF LAND SITUATED IN THE ELI PICKETT SURVEY, ABSTRACT NO. 1018, DENTON COUNTY, TEXAS AND SITUATED AT THE SOOTHWESTERN CORNER OF RYAN ROAD AND TEASLEY LANE INTERSECTION; TO PROVIDE LARING AN EFECTIVEC USE DESIGNATION PLANNED FOR SAID PROPERTY ; AND D DISTRICT AND DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That a Planned Development "PD" District Zoning Classification and Use designation is hereby established for all of the property described below under the Comprehensive Zoning Ordinance of the City of Denton, Texas: All that certain tract or parcel of lend situated in the Eli Pickett Survey, Abstract No. 1018, Denton County, Texas, being part of a recorded Stuart in Volume 225 (called) don l the y 21acre tract in a st day of January, edeed 193from 0,, Cover Page 528, Deed Records of said County, and being all of a (called] 31.027 acre tract described in a Deed fr- B. Thomas McElroy to Mrs. Marsha Stuart Savage and Robert Mark Stewart on the 24th day of December, 1975, recorded in Volume 769, Page 557, Deed Records of said County, and being iora fully described as follows: BEGINNING at a steel pin on the north line of said 117.5 acre tract and of said Pickett Survey about the middle of Ryan Road at the north- of . said acre trt cosaid rner 117.5 east of acre tract out east corner if feet 26.171 tract and at the northwest of point 1035 of Bald Survey; THENCE north 89°42'49" east with the north line of said 117.5 acre tract and said Survey in Ryan Road a distance of 1013.11 feet to a corner on the west right of way of Farm to Market Road 2181; THENCE south 33°49'45" east with said right of way a distance of 85.28 feet to the beginning of a curve; THENCE southetly with said right of way around a curve to the ori0t, having a central angle of 32"24' and 00", a chord of south 17037 45 the endfoftsaiand an d curve;c east , length a of distance of 784 50 feet 7 to a 9 right feet, of way radius piat o 1307.3 THENCE south 01°25'45" east with said right of way 294.5 feet to a steel pin at the northeast corner of a 58.103 acre tract off the south end of said 117.5 acre tract; THENCE south 89°53' west, a distance of 1299.88 feet to a steel pin at the southeast corner of said 28.171 acre tract; THENCE north 00°07'44" west, 1100.51 feet to the place of beginning and containing in all :1.0134 acres of lend, there being 0.6559 acre within Ryan Rord, leaving a net of 30.3595 acres of land. SECTION It. That in a proving this planned development district ordinance, the City Council hereby approves the final site plan, attached hereto, for the area designed for SF-6 use. Prior to the development of the areas designated as multifamily (MP) district and general retail (GR) on the site plan attached hereto, a final comprehensive site plan thal be required to be submitted and approved as part of this ordinank-% an accordance with Article 11, Appendix B-Zoning, of the Coda of Ordinances. Z-1702/PACC• 1 SECTION III. That the development of the property shall be in substantial compliance with all comprehensive site plans approved herein or hereafter, and attached hereto and made a part herein for all purposes. SECTION IV. 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 met: 1. Multi-family housing which abuts single family housing should not exceed two-story construction height. 2. Parking lot lights should be positioned away from residential buildings. 3. Screening shall be provided to protect multi-family housing from commetcial retail activities and also to buffer tingle family housing from multi-family developments. 4. The platting and building requirements of Appendix A and 8 of the Code of Ordinances for single family housing (SF-7), including front, side and rear setbacks, Ond maximum lot coverage, shall be applicable to tha proposed single family development (SF-6). 5. All other engineering, planning, and building requirements not contro'.led by these conditions oust conform to the Zoning and Land Development Regulations and other plans and ordinances of the City of Denton. SECTION V. That the City Council of the City of Denton, Texas, hereby finds that such toning 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 tha buii.'!.n s, protecting human lives, and encouraging the most appropriate used of land for the maximum benefit to the City of Denton, Texas, an+! cititenb. SECTION VI. That this ordinanru shall be in full force and effect immediately after its passs;c and approval, the required public hearings having heretofore been hold by the Planning and Zoning Commission and the City Council of the City of Denton, Texas, after giving due notic) thereof. PASSED AND APPROVED this the . day of 1985. RICHARD 0, STrW79-10W. CITY OF DENTON, TEXAS ATTEST: r CHAROTY1 SECRffM CITY OF DWON, TEXAS APPROVED AS TO LEGAL FORM: DEB?.A ADAMI DRAYOVITCH, CITY ATTORNEY CITY nOP.,_DENPO% TEXAS/ BY., .(SLIIIZ~.~ YI6L2~.,.dv.'~h,¢£3C' ~.t 17 Z-17021PACE 2 pyrm, 4v fu1 w •+'nn / ' 1 •V'1/ r A •/)r 1, + ~..r ,•t•rM ~n islt~'n~ •1 I I' r~ I -I,~' C At, s V10041 IV MAP ` r•N ~N II if At ' If : ' \ \ Q 17 ~/Ar I ? ..r /I V' 4/' 17 j , 1 LI w.,rr+ r Ir vrr~. 1 f 1 ' L 11 r~ 11 /r a* t I • i 7' -r i r / 1 r r~wi, r r. ,fr,w .~..ft... I of MU lfr IMIJ/ _ .r Ao ~ , r.. C two ygM•y~7~r1t~11t~r1tiow1 C+7 ~wSlrfaw w.e ly / r ~ , t I r I` ,E~ I ~f to f,l K to fM~ W J 40 4 *Alto n All 11 t il~~i; •.i! ff l] IL Ia M Ir} I Ir `1, 1 ~ J • It »VrIM,I r t rarr . ewr \ f Rbf!lk SOrJ >tD on too l1,RMgo ALOA Owl-0 so "t tM1rNn •dr .rr "rar ~ I r filtlfN~St111 (At MD Slot? /t otKl iNl A11Wf tLl Alttttif SVRVtV A101! ills MW ygarti OrAiloc" COL#Jfvr ftxAS Ilnus, 11 1{,pl _q IF PI[ketfr Sjt11tKY NOr h •rI r, W W ' ~r~ ~M•1 MrI lit mom A✓ G i fir. L [ n:+ a 11- . 5\ d t'S y ~we ,iRS r i l :I Q r r w ji.;;. r f A 5 t s."' a gl~ 9 4 a k P FA 2 Minutes October 24, 1984 Page 5 Mr. Ellison stated he would like Yo clarify that this request also requires City Couacil action. Mr. Morris stated since this is not a toning change and it is a specific use permit, it would take a major vote. Mr. Tom Roberts stated he was representing Harshaw Properties and gave the history of the property. He stated he has worked with city staff to propose a Site amendment plan to develop a total of 41 additional spaces. He stated his desire is to make a desireable park and to upgrade it from its present condition and d fact have already up8raded in excess of $100,000 to date. He stated there is r requirement of a boat storage area and is making for a waiver of that. No one spoke in favor or in opposition to the requea;. Ms. Spivey stated this site is located in a low intensity area. According to the Denton Development Guide, thare are six criteria that should be met when mobile homes are proposed in a low intensity area. She read the criteria. She stated this proposal varies from the Mobile Home Park Ordinance in that there is no area reserved for vehicle/boat storage and the street align- ment now meets the specifications of the ordinance. Staff cannot rcommend approval of this request due to the lack of compliance with the Mobile Home ParK Ordinance. Mr. Sidor asked Mr. Roberts why he does not wish to comply with the regulations. Mr. Roberts stated there are no economics that allow for thi•. He stated it is just not economically feasible for a boat and storaga area. On question from Mr. Claiborne Mr. Clark stated there would need t.r be some channel Improvements. Chair declared the public hearing closed. Mr. LaPorte made a motion to recommend approval of site plan amendment for S-154. Seconded by Mr. Pearson and unanimously carried (6-0). C. rZ-1702. This is the petition of Charles S. Watkins, representing B. L. Archer (-,:ner), requesting the establishment of a planned development district (PD) under article 11 of the Denton Zonin Ordinance in respect of a tract of 31.027 acres of land situated at the southwestern corner of Ryan Road and Teasley Lane intersection. The site is currently outside of the boundaries of the City of Denton and annexation procedures are pond in if appproved, the planned development district D) wi11 permit the following developments: 17 acres - single family housing (SP-6) with a density of approximately 5.6 units per acre 10 acres - multi-family cluster housing with a density of 11 unite par acro 4 cares - general retail and general service type uses. Mr. Persaud stated there were four roily forms mailer to property owners; one was returned in avor and taro in opposition. r►rrrrrrrrrr.hrr. h SaI~ r 5F tl i a- f _ 7 v tw{ r, rw S k}. C J,>} r F1 f a+ n 9 4. F Fr P & Z Minutes October 24, 1984 Page 6 Charles Watkins stated he was representing Mr. B.L. Archer. He stated the property is outside the city limits and we are requesting to be annexed. He des- cribed the proposed is consistent with Denton Develop- ment Guide policies. He stated he has discussed the conditions required by staff with the petitioner and he is agreeable. Mr. K.J. Button, owner and developer of Lakewood Estates, stated his property is directly across the street from the proposed and he is in favor of the request, however, he would like to know now water will service this property. He stated he had spent $SO,000 for a ten inch jter line and quite simply, would like to get some of his money back. He stated he would like to see a condition attached requiring the developer to tie in on Ryan Road so he could get a reimbursement. Hr. Rumfield .tared as he understands the Subdivision Regulations, titere is no reimbursement. On question from Mri l,aForte, Mr. Morris read from the Subdivision Regulatons concerning pro-rata agreements. Barbara Byrd stated she feels the basic proble2 is the traffic patterns which are 10 years behind schedule. She stated Lillian Miller Parkway should be six lanes according to an arricle in the Dallas Morning News. She stated you are adding density and we are at a crisis ste a already. She adeed the school system is already at u11 capacity. Mr. Sidor stattJ concerning the zoning request L-1700 tnat was previously tabled, Loop 286 to a major arterial and is adsquate to serve traffic and further, the state will not widen the road until traffic warrants it. He also stated our Major 'thoroughfare Plan ultimately ties Loop 288 into Mayhill Road. Mr. Pereaud stated Ryan Road has been designated a major arterial and it would require 120 feet of right-of-way and perimeter street pavingg. He stated Teasley Lane is a primary major arterial tnRat needs 120 feet right-of- way and no residential access will be allowed. He stated the proposals to use and develop land within this planned development district are ;rmoatible with the Denton Development Ruide policies. He further stated s`.aff recommends approval of Z-1701 with condi- tions. On question from Mr. LaPorte Mr. Persaud stated there are future plans for street Improvements, however, I don't feel there is a major traffic problem at this time. Hr. Sider questioned condition number one, asking who decides what is compatible architectural style and aesthetic harmony. Hr. Ellison stated it is true, Develo!%zent Review Committee works with developers and our goal is consistency, He stated if the Commission feels uncomfortable with that as a condition, could recom- mend that it not go to City Coundil'aa a conditiun4 Hr Olysi stated the off-ramp on 1.35E, at Loop 288 going south, is the responsibility of the state, acid they have been notified numerous times. He described the traffic patterns itt the aria of the proposed, He P L Z Minutes October 24, 1984 Page 7 gave the vehicle trips per Jay, per acre for each of the areas proposed'. He added the existing facilities are adequate to handle the amount of traffin. Mr. Pearson asked when the city requires a developer to install a water line, don't they consider future development. Mr. Clark stated the oversiiing was not discussed at that time and all the city could require the developer to pay for was an eight inch (811) line to service that development. Mr. Watkins stated the reason we are requesting the land use plan that we are is because it is compatible with the Denton Development Guide. He stated they understand here would have to be improvements made to Ryan Road. He stated he doesn't understand why the city did not oversize the waterlines at the time they were installed, however, if the Commission would like to attach a condi- tion to tie onto the water on the east aide of Ryan, we would be willing to do that, Mr. LaForte made a motion to rocommend approval of Z-1702 with the following conditions: 1) The design and construction of buildings should encourage compatible architectural style with a view of achieving visual and aesthetic harmony within the neighborhood. 2) Multi-family housing which abuts single family housing should not exceed two-story construction hei,ht, 3) Adequate screening should be provided to protect multi-family housing from commercial retail activ- ities and also to buffer single family housing from multi-family developments. 4) Parking lot lights should be positioned away from residential buildings. 5) fhe placement of signa should be restricted to the size and scale of the development which usually means attached to the building face. 6) The platting and building requirements for single family housing (SF-7) including front, aide and rear setbacks, maximum lot coverage, etc. shall be applic- able to the proposed single family development (SF-6). 7) All other engineering, planning, and building requirements not controlled by these conditions must conform to the Zoning and Land Development Regulations and other plans and ordinancesaof the City of Denton. Hr. Pearson seconded and motion carried unanimously L(6.0). D. Z-1703. This ij the petition of Henry S. Miller Cos. any requesting a changga in toning from ache a ricultutrdl gA) district o the planned development (rD)gdistrict on a 243.3 ache tract located on the north side of 1.391;, approximately 1,800 feet east of Loop 288. if Approved, the planned development will permit the following use s& 1 71 . r i p e p t~3 d ~F'eS} I ' DATEI pi%oilss CITY COUNCIL REPORT FORMAT Fa TOs Mayor and Members of the C:.t-y Council FROSs G. Chris Hartung, City Manager SUBJECT: ADOPTION OF ORDINANCE (Z-1709) RECOMMANDATIONs Th. ity Council approved Z-1709 at a meeting held on February 19, 1985. SUMMARY., The ordinance establishes an office district (0) on a tract of 5 acres situated west of and abutting Masch Bratd•.h Road north of US Hwy 380. BACKGROUNDS Office zoning classification on this tract is consistent with the policies of the Denton Development Guide. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Not applicable FISCAL IMPACT., Not applicable Respe ul subr tt . • W~"~ . G. Chris Hartung City Mr.nager Prepared bys A' ~ Harry Rr, Persaud Urban Planner,,;,, ru 4a Bier App ved• Jeff May Director of Planning and Community Development d?57j(3) Pt"£ h { i k' F if ~ i.' ~~r a i~x•. ; :^.8 j~ ~si. r~ a7e ti~ l 3 f a 'k 1047t • NO. AN ORDINANCE AMENDI1011 THE ZONING MAP OF THE CITY OF DENTON, TEXAS AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES 01 THE CITY OF DENTON, TEXAS BY ORDINANCE NO. .69.1, AND AS SAID MAP APPLIES TO APPROXIMATELY 73.00 ACRES OF LAND SITUATED VEST OF AND ABUTTING MASC9 BRANCH ROAD AND NORTH OF U. S. HIGHWAY 380, AND MORE FULLY DESCRIBED AS LOT 1, BLOCK 1, TRI-STEEL HEADQUARTERS ADDITION; To PROVIDE FOR AN OFFICE "0" DISTRICT ZONING CLASSIFI- CATION AND USE DESIGNATION FOR SAID PROPERTY; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I_ That an Office "0" District Zoning Classification and Use designation is hereby Pstabliehed for all of the prperty described below undev the ~amprel,aosive Zoning Ordinance oof the City of Denton, Taxes: All that certain tract of land situated in the S. Huisar Survey, Abstract No. 514, Denton County, Taxes, and being a ppart of the called 69.198 acre tract described in the deed Lrom Lorene Sheppard Darrow, at el to John F. Brown retorded in Volume 1092, Page 748 of the Deed Records of Denton CounLc. Texas, the said tract being more particularly described as follo ss BEGINNING for the northeast corner of the tract being described herein, at an iron rod set in the east line of the said brown Tract south 01°23'18" east a distance of 555.7 feet from the northeast corner thereof and being in the west line of Match Branch Road; THENCE south 01°2318" east with the east line of the said Brown Tract acid the west line of Match Branch Road a distance of 406.26 feet to an iron rod set for the southeast corner of the nerein described tract; THENCE south 88°36'24" west across the said Brown Trait, passing at 542.84 feet to an iron roa set on the east bank of a dry branch and continuing along the same course, in all, a total distance of 569.68 fset to a point in the centerline of the said branch for the southwest corner of the herein described tract, THENCE northerly up the said dry brancl the following south meander calls: 1. North 51°01'11" west a distance of 144.35 feet; 2. North 20257102" east a distance of 132.88 feat; 3. North 87°48'54" east a distance of 106.69 feet; 4. North 56°16'35" east a distance of 178.40 feet; 3. North 12°54'08" west a distance of 95.07 feet; to a point for the northwest corner of the herein described tra•:t; THENCE north 80°3."24" east leaving the said dry branch, and pasting at 34.9 cast, at iron rod eat on the bank thereof and continuing along the same course, in a11, a total distance of 390.89 feet tc, the place of beginning and enclosing 5.004 octet of land. 1-1709/PACE l f e r Yl 9 4 ~,~li% ~ 1~ 'K~ L? M . Ji R~ 9 i t r: SECTION II. The Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 19696 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 District Classification and Use. SECTION 111. That the City Council of the City of Denton, Texas, hereby finds that such toning is in 2ccordance 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 vies to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land i6e the maximum benefit to the City of Denton, Texas, and its citizens. SECTION lye 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 Zoaing Commission and the City Council of the City of Denton, Texas, after giving due notice thereof. PASSED AND APPROVED this the day of , 1985. RICHARD 0. STEWART, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE CITY SECREIARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORD: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TrJ(AS BY: ,n my:. 2&etmr /401?74 1- /J(. r Z-1709/PAGE 2 ~t sF Y Nil! f i _'i y~ S ~ xvd r i ~5rk s s :y".r a is r~. raj 4~r' ~yM Jw' ..S y{ y ~1Q¢ - t~ * r' .~',r . 1 P a Z Minutes November 2ri, 1984 Page 2 III. Public ' Hearings A.J L-1709. This is the petition of Burial bngineeting, representing Tri-Steel Structures, requesting the establisitment of office (0) district zoning classifi- cation on a tract of five 15) acres.of land situated west of and abutting Masch branch Road and north of U S. Highway 380 and more fully described as lot 1, block 1, Tri-Steel Headquarters Addition. This tract is currently outside the limits of the City of Denton and annexation procedures have been initiated and in progress. If app.ovet', the site may be used for any type of development pwrmitted in an office district: by the Denton Zoning Ordinance Mr. Persaud statcA there were atven reply forms mailed to property ownera; one was in opposition and one undecided. Brien Burke stated ne is representing Tri-Steel Structures, Inc., wno is a Denton based operation; they are requesting rezoning and annexation of this site as it will be their office site. On .uestion from Mr. Ellison, Mr. Burke answered, bui~ding height is anticipated to be two stories or t.s as per our understanding of the conditions in the ai port area. No one .,yoke in favor or in opposition to the request. Hr. Peraaud stated according t the Development Guide this site falls within a low i_ensity area. HP stated this development will need to satisfy the requicements of the Denton Municipal Airport Ordinance (Order to-1). He stated diversification of land use is encouraged t•ut limited to certain conditions. He described the site and stated it is loceced within the "controlled area" as defined by the Airport Zoning Act. He added the site is within the approach zone of the airport and it is situated & ?proximately 8.500 feet north cf the northern extremity of the runway and in line with tits extended runway center line. He stated Section IV of the Municipal A:rport Zoning Ordinanca limits the height of c!tildings to one foot for every 30 feet of horizontal distance. Considering that the site is 15 feet higgher in slevction than the runwa,- the mauimum heighE to be allowed on the site is M feet. Section VII of the ordinance would also be applicable to the use and development of the site in the futu_e. He stated staff recommends approval of L-1701 with condi- tions. Hr. Lo cis stated staff is not really imposin8 condi- tions, as they are st+plicable to the Airport Zoning Ordinance. Chair Jeclared the public hearing closed. Hr. Sidor made a motion to recommend approval of Z-1709 with the following conditions: 1) That buildings on the site shall be subject to height limitations contained in Section IV of the Municipal Airport Ordinance (81.1). t~SrsirreY e ~ N f 1 ~ v 1 r r R f t ~ t 'r YY4..4-~ h 9 9J 6 i... ~ ~ ~ b~ 'o- ~ ~ z ~ s ty it ~ ♦ ~ i X12 t t . s. 3 P &`'L Minutes November 28, 1W Page 3 2) That the provisions contained in Section V of the Municipal Airport Zoning Ordinance (OrdHr 81-1) is applicable to the future development and use of the site. 3) That the owner of the site and/or buildings and appt:rtenancas in question will allow the City Manager to install, operate, and maintain at the expense of tht• City if Denton such markings and lights as may be necessary. I Seconded by Mr. La Forte and unanimously carried (7-0). 9. Z-1711. This is the petition of Dale Irwin requestingg a c actge in zoning from the single family (SF-7) classifi- cation to the multi-family (MF-1) district at 601, 615, 101 and 705 Malone Street. The property is more particu- larly described as lets 1 and 2, block 2, of t!ie bright Addition. Me. Spivey stated there were 36 reply forms mailed to property owners; 10 wera returned in favor and five in opposition. Hr. Dale Irwi, stated for clarificatior., this petition involves fou! individually owned lots, and his name was on thto petition merely to save filing fees. He gave the names of the owners of the other lots and the sizes of the lots and added lie feels they are adequate to serve 10 to 12 apartments per lot; and would Seat serve in that way as opposed to rent property with older nouses built in the lath 20's and early 30 s. He 6.-scribed the surrounding land uses and stared most is rent pL.7 erty. He quoted Hr. Jeff Meyer, Director of Planning and Community Development Deppartment, as speaking to the Apartment Association, "Ue neeJ more apartments in Denton." Mr. Irwin continued, not everyone wants to live in the Teasley Lane area. The property in question we feel, could better be served to allow more people to live here. !lost of tho property owners in the area are in favor of the peti.ton. On question from Mr. Claiborne, Mr. Irwin answered 10 to 12 apartments could be built on each lot. its. 4all, owner of one of the lots, stated she is a progressive and optimistic person and she is for progi-ession ii: Denton. She stated she has lived lit Denton for 35 )ears and would like to see this neigh- borhood upgraded. She stated she feels this would be a step in the right direction as this is a substandard neighborhood. Sbe stated she has spent a great deal of money to keep her property upgraded. On question from Mr. Sidor, Ms. Hall answered yes, eventually, she would like to see it torn down. Mr. Ted PslmoreI owner of lots 3 and 4, stated he has owned these lots for four years. He stated there is s lot of commercial property surrounding this property. He stated he would like to upgrade the area as he also feels there is a lot of substandard housing in the area. He stated he has spent $10,000 plus to level, rewire replumb and raroof his house. He stated the house is uninsulatod and haw 3 X 5 foot windows all the way around the house, which was built in 1911. He stated he feels it would be better to start all over again with something new. p t I 4 S a! ) II l I.T t q' M ! y { tip iA- ~ t •i y ~i~ ` DATEt W62/85 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECTi ADOPTION C8 ORDINANCE (Z-1715) RECOMMENDATION: The City Council approved 2-171: at a mtieting held on February 19, 1985. SUMMARY: The ordinance establishes a change in the zoning classification from agricultural (A) to planned development (PD) on a tract of 37.6 acrep situated west of and abutting Loop 288, and north of and abutting Audra Lane. BACKGROUND: PROGRAMS, DSPARTMENTL OR GROUPS AFFECTED: Not applicable FISCAL IMPACT: Not applicable Respectful subm tt : 0. Chris Hartung City Manager Prepared by: Harry P~ aud Urban Planner,:„ Appr 4ftWL"4.' - Jeff Meyer Director of Planing and C! unity Development 07571(5) 104 NO. AN ORDINANCE AMENDING THE ZONING MAP OF THE' CITY OF DENTJN, 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 37.600 ACRES OF LAND SITUATED WEST OF AND ABUTTING LOOP 288 AND NORTH OF AND ABUTTING AUDRA LANE; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFI- CATION AND USE DESIGNATION TO PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFICATION :.ND USE DESIGNATION; AND PROVIDINr, FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBi ORDAINS: SECTION I. That the Zoning Classification and Use designation appllceble to all or part of the proprrty described below is rarebv changed from Agricultural "A" District Claes1f4.catioo and Use to Plarned Developpooent "PD" District Classification and Use under the Cceprehanaive Zoning Ordinance of the City of Denton, Texas: All that certain 37.600 acre tract or parcel of land situate.' in the R. 8. Longbottom Survey, Abstract Number 775, Denton County, Texas; said tract being part of a called 24.935 acre tract shown by deed to Turner F. Gaasswayj recorded in Volume 5040 Page 229 and part of a called 16.141 arre tract shown by deed to Turner F. C•ssaway, recorded in Volume 5041 Page 226, Deed Records, Denton County, Texas, snd being more particularly described as follows: BEGIVN M for the northwest corner of this tract at an iron pin said pin :5 the northwest corner of said 24.935 acre tract, ans said pin is also the northwest corner of a called 40.00 acre tract shown by deed to J. P. Sits, recorded in Volume 130, Page 5190 Deed Records, Denton County, Texas; THENCE south 88°42'24" east with the north line of said 24.935 acre tract; s distance of 831.84 feet to an iron pin, found, the northwest career of a tract shown by deed to Fret H. and Sam H. Peterson, recorded in Volume 929, Page 553, Dee:l Records, Denton County, Texas, for the most northerly northeast corner of this tract; THENCE south 00°37'24" west with a fence a distance of 100.13 feet to a fence corner post, the southwest corner of said Peterson Tract, for an inner all corner of this tract; THENCE south 88°56'27" east with a fence, and the south line of said Peterson Tract, a distance of 335.38 feat to an iron pin in the southwest right-of-way of Loop 288, as widened, said pin is the southwest corner of a tract shown by deed to State of Texas, recorded in Volume 1039, Page 986, said pin is aleo the northwest corner of a tract shown b deed to State of Texas, recorded in Volume 13781 page 987, Deed Records, Denton County, Texas, for the most easterly northeast corner of this tract, THENCE south 09°28'43" east with the said southwest right-of-way of Loop 288 as widened a distance of 735.94 feet to an iron pin for an angle point of thlj tract; THENCE south 00°39'16" wait continuing with said right-of-way a distance of $05.69 feet to an iron pin is the center line of Audra Lane, said pin is also in the south line of said Longbottom Survey, for the eckutheast corner of this tract; 2.1715/PAGE 1 a a u r r jai.,. u 4 W7t^ R h }h l,a r S. a ~.'y ~ .v ,r W,e s ♦i 4..~ W, x' r ,rte •'.i r.a ac .t + at ~{.'.,y i. { ~ ~k➢ THENCE north 89°51'25" west with said center line, and said south line of aurvey a distance of 1285.84 feet to an iron pin found, for the southwest corner of this tract; THENCE north 00°11'34" east with a fence part way a distance of 1353.43 feet to point of beginning. SECTION II. That in approving this planned development district ordinance, the City Council hereby approves the final site plan attached hereto, for the area designated for 2-F. Prior to the development of the areas designated as multifamily (MF), warehouse, retail/ office, and office/warehouse on the site plan attached hereto, a final comprehensive site plan shall be required to be submitted and approved as part of this ordinance in accordance with Article 11, Appendix B-Zoning, of the Code of Ordinances. SECTION III. That thb development of the property shall be to substantial compliance with all comprehensive site plans approved herein or hereafter, and attached hereto and made a part herein for all purposes. SECTION W. That tho, City Council of the City of Denton, iex is, hrrr?,,, finds that wch change is in accordance with a comprehensive pl,n 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, anti with a view to conserving the value of the buildings, protect.'.ng human lives, and encouraging the most appropriate urea of lard 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 thi, the day of , 1985. LITY OF DENTON, TEXAS ATTESTS CHARMT M-AUTW,-=rr 9 E C RE T AR Y CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CI'T'Y OF DENTON, TEXAS BY w Z•1715/PAGE 2 •I iV,m ` I ■l r I • Y, n h1 IIIY• JIWAI. -Ad'Utr 111,11 jy itl R . / IYY L'1 1 1 1 , 11411.0 1 Mh1 1 M•h::, vi"i.~ • `"r1 WAR[IIOUK sit 1 ~1iM 1 1 1 y\ r•v aM. Yro1 t y IY Y•., .:I \yi 4'••. . . ~ 1 xy.+s 1 1 1 ~ \ L Iii 1 I~ , ~ ~ Ir~ t M.,i I • I f r I J `r'' \ ~ ' : l l j ~ li • r'. • I ~ ~ rte, ~ r M f tOpK~ Its N I / `l ■lit / bTKtt, f+ r I „ •1 1 ,1 •t I I u♦ • S OW ROOM ~Y a . N ~1 111yf uSt 16161 41 . 1 •1 •YN M•ftt dIKCI ♦1ff J ~ ~a•1 h,~ 't1R1 MOLMA fi , a j~ f 1 r 1 lDIR t ~ J. ~ y/, l i r 1 M1 r. ,.,,.h r L f4 / r 1 I If f nJ ''f J/ r ~ , t K • I, f 1 ! i r r.er. 1 I r NO M R f. 1 I ~ f H I w r 1 1 I i ,u..•r•1. 1. A loN1 600 4 N. /IS ' f A j I I a Cf1[MfION 1`A• .1 I f I R [dYf [r.Wlt s Kw MI, tl1St -..#-7 sk light .Lro1•V~l• y...w 1b,.•t,,,• f O4444 IA'put , still Rto[ftYMSGffS ` ',Xr ON. It RIM R 1 tommoollow Wily • A tot I t,~ r..rY.Yrr.r IN,IH, .Mo,1•I A~.111 F. AIM yr .yr * fi5 w r'f : .,rR u` y x ;fir 3 i .,,y »Sa , R 7 i x ~ la.. ray 4. a )'"fd S .,,~e ,a P.•;ra Yr ^S it~.pV d T t F Minutes Planning and Zoning' Commission January 300 1985 A special called meeting of the Planning and Zoning Commission of the City of Denton, Texas was field on Wednesday, January 30, 19859 at 5:00 p.m., in the Council Chamber of the Municipal Building. Present: Ruby Cole, R.B. Escue, Jr., Gary Juren, Robe+:t LaPorte, Thomas Pearson and Andy Sidor Absent: Bill Claiborne Present from Staff: David Ellison, Senior Planner Denise Spivey, Development Review Planner; Harry PersauA, Nvelopment Review Planner; Cecile Carson, Development Review Plan- ner; Joe Norris, Acting City Attorney; Jerry Clark, City Engineer; Koorosh Olyai, Transportation Engineer; Dave Ham, Assistant Director of Utilities, Weter/Wastewater Division; Ray Rumfield, Civil Engineer; and Debbie Boydston, secretary. Vice-Chairman Escue called the meeting to order. 1. Minutes A. Approval of the minutes of the regular meeting of December 12, 1984. Hr. Juren made a motion to approve the minutes of the regular meeting of December 12, 1985. Seconded by Hr. Pearson and unanimously carried (b-0). B. Approval of the minutes of the special called meeting of January 16, 1985. Mr. Juren made a motion to approve the minutes of the special called meeting of January 16 1985. Seconded by Ms. Cole and uanimously carried (1-0). II. Consent Agenda Each of these items is recommended by the staff and approval thereof will be strictly on the basis of the staff recom- mendstion. Approval of the consent agenda authorizes the Director of Planning and Community Development or his desig- nee to proceed with each item in accordance with the staff recommendation. A. Recommend approval of preliminary repplat of the Oweley Park Addition, Block 21 Lot 12A. B. Approval of final plat of the Alvin and Charlotte Whaley Addition. Mr. LaPorte made a morion to approve the Consent Agenda. Seconded by Mr. S'.dor and unanimously carried (b-0). III. Public Hearings A.-1715. This is the petition of Charles Watkins, representing the owners, requesting a change in Cite current zoning classification from agricultural (A) to the planned development (PD) district on a tract of a roximately 32.6 acres situated west of and ~ abutting Loop 288 and north of and abutting Audra Lane and more fully de:gibed in the R. B. Lonabottom Survey, Abstract iM J1S. approVed, the planned development (PD) will permit he following mixed uses on the site: ~ ~';Y =e A ^ Fq 7 °r 4, 1 H y^-a.~ yh ?AfiP t M1~P h -Hi A ^uJ CC y.n'C 5 ;P~ r~ P t5' P & x Minutes anua~y 30, 1965 age 10.7 acres of two family residential (24) with a densityy of 11.2 units per acre 9.8 acres of multL-family housing with s density of 20 units per acre 4.1 acres of warehouses 6.7 •.cres of retail/offices and showrooms 4.4 acres of offices and warehouses Mr. Persaud stated there were 14 reply forms mailed to property ownera; three were returned in favor and zero in opposition. Mr. Charles Watkins stated he is representing Strata Properties. He stated they are proposing on a 37 acre tract, beginning on the west side 207 acres of two family, 60 lots and a total of 126 units; 9.8 rcras of multi-family housing with a density of 20 units to the acre for a total of 200 units; east of the multi-family zoning we are propposing office warehouse use along the frontage on Loop and are proposing office showoomv. He explained the generation trips for each type of use; and gave total calculations of 7,000 trips per day for the entire tract. No statad they recognize it doesn't meet all regulations for a low intensity area and stated he feels it should be a moderate intensity node. The size of a moderate intensity node is dependent upon diversity of land use he continued. He stated he feels they are providing diversification as well as spirit of moderata policies. He added the right-of-way for the extension of Loop 288 will take up 12 acres of land in that area. He explained the surrounding land uses and intensities as well as physical characteristics of the tract and feel dithis aorelend to a higher asonable request land would ask Commission to approve it. Mr. H.P. Phillips, an area attorney, stated he is G long assawaytare theacurrent eowncrs ofrthentract~and Turner are there tare resident$. He in2his opinion, no one would want to build a single family home on this land. He added the land lends itself to commer- cial type zoning and stated he doesn't feel its out of the question for this type of development considering the other end of Loop 2880 mainly the mall. No one spoke in opposition to the request. Hr. Persaud stated the service road indicated is a south bound exit ramp and not a service road. He stated this area is located in a low intensity area which can absorb up to 2,300 intensity trips to most its planned capacity and staff had to consider the highest trip generation plan. The proposed development will generate approx• ` imately 9,050 intensity trips which is more than three times the average standard allocation considering 75 tripe per dry per acre for low intensity areas. He continued, if approved, this PD will exceed its planned capacity by 6,-SO tripa or 11.6 percent. He added thin excess should be considered in view of the fact that there is approximately 313 acres of land under the agricultural (A) classification which may require appropriate zoning some, time in the future, t w A,p 4w .~^G ~G. yy .,i lr L ~Y4r a A.c h~ w~ r ..b r`.r mP~ `~°~p 1 y "k,q ~Vt :`,'y, P & '6 minute January 30, 1985 Page 3 Mr. Pereaud continued the Development Guide recommends as a specific standard that concentration of apartments be strictly limited to 200 units in low intensity areas It further provides for a separation of apart- ment concentration by half a mile linear distance or 50 percent of intensity area length. This proposal in- cludes 316 units of multi-family and two family apart- ments in one location which exceeds the concentration standards for low intensity areas. He stated the PO proposal provides for over 11 acres of nigh intensity uses including retail/office and show room with a potential generation of 7,215 trips which is far in excess of th3 concentration standards. This excess must be considered in view of current commerical zoning classification within half a mile of this site. He further stated it is evident that the application of the strip commercial policy in this area has been neglected for soi.a time and it is recommended that we stronggly consider the increasing negative impacts which vilI result in the future. Staff recommends denial of Z-1715. On question from Mr. Juren, Ms. Carson answered, yyas, some of thu 313 acres does have frontage on loop 288. The area was selected basically because of the existing zoning and does include an area of single family residences. She stated they are trying to limit the size of the moderate nodes unless provision for a groat deal of diversification is made, but retain the cnaracter as a low inte.~sity area. She added low intensity is based on 690 acre model. She indicated on the intensity area study map that area 24 does include a commercial area just south of Audra Lane and one area of general retail located at the northern and of Loop 288. On question from Mr. Pearson, Mr. Persaud answered commercial, multi-family, or residential would be allowed, but would have to be scaled down. Mr. Juren asked if it is during zoning that we reed to discuss access or the platting stage. Mr. Pereaud stated in this case, the platting stage. Mr. Watkins pointed out on the map the surrounding land use and stated most of the land is vacant and what we have submitted is a reasonable request ant would like for staff to show where they are in violation of any of the density policies or standards. He stated they had initially planned to come before the Commission on January 2, but talked to the planner and decided to work out some of the details to get a favorable recommenda- tion. He asked, as the Loopp 288 overpass is going in in the area, who would put a aingle family home there. On question, Mr. Watkins explained the retail/office showroom located at the southeast corner of the tract, and said it would be like a furniture showroou. Which requires a great deel of square footage. Chair declared the public hearing closed. Mr. Sidor commented considering the location and what is proposed along Loop 388, he can't think of anything more appropriate. Mr, Sidor nade a motion to recommend a proval of Z•1715, Se4:onded by Mr. Juren and mot on carried {Mr, gscuA i'~ted C.O,) .w t~'~ ti~ rP° 5'.Y rt Y~'P n NI°`~Jti3'' rtit.~a• A v24 .y"it [9n" DATE: 04/02/85 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: ADOPTION OE,'5RDINANCE (2-1722) RECOMMENDATION: The City Council approved 3-1722 at a meeting held on February 19, 1985. SUM NRY: The ordinance establishes the change in the zoning classification from the agricultural (A) to ;lanned development (PD) on a tract of 5.34 acres situated south of and abutting US Hwy 380 in the vicinity of Cindy Lane. BACKGROUND! The planned development uses are consistent with the policies of the Denton Development Guide. PROGRAMS, DEPARTMENTS OR GROUPS !_FPECTED: Not applicable FISCAL IMPACT: Not applicable Respect~„yll~mi e }}//~~ffjj EE e G. Chris Hartung City Manager Prepared by: QM_ N Harry N Per and tih U;bartiEl~nperNv.,=;• ~t,^:+ar Appr ed Jeff Meye Director of Planning and Community Develonmerlc. 0757j(2) ~ r ~7 i J f 3 i,. r 71 n } C ~ P 1. a w t h~J ~0,, t ~.ny t xr'S.r 'V i Inc, ~F Ji ~i~ f rrv 7 "k v;`t f't&,'fi 10461- 'v :into f f,y 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 63.40 ACRES OF LAND SITUATED SOUTH OF U. S. HIGHWAY 380 IN THE VICINITY OF CINDY LANE; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFICA- TION AND USE DESIGNATION; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the Zoning Classification and Use designation applicable to all or part of the property described below is hereby changed from Agricultural "A" District Classification and Use to Planned Deveaoppaent "PD" District Classification and Use under the Comprohensive Zoning Orditance of the City of Denton, Texas: Being all that certain lot tract or parcel of land situated in the illiam Bryan Survey, Abstract No. 1481 Denton County, Texas, being all that certain called two acre tract of land conveyed by deed from Cynthia Winnette Portwood to Tarry Joe Carlton, and wife, Velma Ano Carlton, recorded in Volume 850, Page 409, Deed Records of Denton County, Texas, and being all that certain called one acre of land conveyed by deed from Cynthia Winnette Fortwead to Terry Jae Carlton and wife, Velma Ann Carlton recorded in Volume 86'., Page 173, Deed Records of Denton County, Texas, and being all that certain called one acre tract of land conveyed by deed from Wallace E. Davis, Jr. and Dianne Gregg to Terry Joe Carlton, arA wife, Velma Ann Carlton, recorded in Volume 917, Page 679, Deed Records of Denton County, Texas, and being all that certain called 2.35 acre tract of land conveyed by deed from Wallace E. Davis and Dianne Gregg to Terry Joe Carlton, and wife, Velma Ann Carlton, recorded in Volume 917, Page 676, Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at an 3" pipe found for corner, in the south right-of-way line of U. S. Highway No. 380, said point being the northeast corner of said 2.35 acre Davis to Carlton Tract; THENCE mouth 00°02'32" east, 474.72 feet with a fence line, being tit* east line of raid 2.35 acre tract, to a steel fence post for corner in said fence line; THENCE north 88°46'38" west, 575.62 feet to a steel fence post for corner, said point being the southwest corner of said two acre Portwood to Carlton tract; THENCE north 00°02'50" west, 485.05 feet with said west time to a 3" steel. pipe found for corner in the south line of said Highway, said point being the rerthwest corner of said two acre Portwood to Carlton Tract; THENCE south 87°45'00" east, 575.96 feet with said south line of said Highway, to the place of beginnfag and containing 6.340 acres of land. Z-1722/PACE 1 }7 Ca ~ c 4 .z x }~.,r is J ~ h~.a~-__'.~'~_ i _f ,G + r ~ y W~ n*h, I;- < y+r~ > 4t qEy r •yk: c e +.`'.'Y t a~ 6,. xrr ix 4 J<r.eV v: % SECTION It That in approving this planned development district ordinance, the City Council hereby appr.ves a preliminary site plan showit, the general proposed land uses within the district. Prior to the issuance of any building permit for development within the district or part thereof, a comprehensive site plan shall be required to be submitted and approved as ppart of this ordintice in accordance with Article 11, Appendix B-2oning, of the Code of Ordinances. SECTION 111. That the development of the property shall be in substantial compliance with all comprehensive site plans approved herein or hereafter, and attached hereto and made a part herein for all purposes. SECTION IV. 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 met: 1. Multi-family housing shall not exceed 20 units per acre. 2. Right-of-way dedication of 60' for a public street is to be provided along the eastern boundary of property. 3. Solid 6' screen walla are to be provided along the eastern and western boundaries of the property and between the comaercial and residential multi-family areas. 4. Building lines of 25' are to be provided as shown on the site plan. 5. All driveways, parking and drainage requirements including all othev development standards not controlled by these conditions a hall conform to the Denton Subdivision and Land Development Regulations. 6. The following commercial type uses are prohibited: Amusement, Commercial (outdoor), Drag Strip or Commercial Racing Asphalt or Concrete Batching Plant (permanent) Brick Lilo or Tile Plant Vance hall or night c1Lb Dormitory, Boardieg or Rooming House Dump or Sanitary Pill Area Cemetery or Mausoleum Extraction and Sale of Send, Caliche, Stone, Clay or Gravel Fairgrounds or Exhibit Area Go-Cart Track Halfway House Fatcherys Poultry Hauling or Storage Company Heavy Machinery Sales and Storage Home for Care of Alcoholic, Narcotic or Psychiatric Patients Livestock Auction L'vestock reeding Plant, Pena or Yards Mining or Storage of Mining Wastes open Salvage Yard for Rags or Machinery, etc 7etroleum Collecting or Storage facilities Private Utility Shop or Storage Yard Rodeo Grounds Sand Gravel or Earth Sales or Storage Stabile, Commercial Rental 2.1722/P4E 2 r TT.,' tr ,i' .P e° x n'~rt p~ t e:,yT/ t Y + c d J'" 9 ?9j i v • tk n Y iI r~ j a° ,l!3`. .r a ~pr t 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 SECTION V. That the City Council of the City of Denton, Texas, hereby finds that such change is in accordance with a comirehensive 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 ieculiar suitability or particular uses, and with a view to conseriing 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 citisena. SECTION VI. 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 , 1985. RICHARD 0. STEWARTj MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALTANO CITY SECRETM CITY OF DENWN, TEXAS APPROVED AS TO LEGAL FORK: DEBRA ADAHI DRAYOVITCH, CITY ATTORNEY CITY Of DENTON, TEXAS s BY : ~tQ si eti r`i, 1.17221PAGE J t . 44 1 ~ rre ~ YY ~ 11 T ~ IKAl eiq MAA RMI w ~ .••Yr. •.Y •orw•a. \ rf Iv R ( rww NI•IN•YIr INI 1 • \ • . r • 11 . • V 1 . n M 1 W. a.lw•1 Itwf Cd:,IN4CIAl r M 1 1 ' • I ~19 -I Al h 111 At. V Q ~ r ~ I .v\ ua• Yn1wv•.ar 1.Y • Ar+~ 1 t•Y41 M. •YNLIYeY YN Yq. •l. N•• 4 1 ry. Y. •W ••r 11.N INrMV. •rWMY IJ~• h~ ttiY.rq S Y10 . 'I WO. 4M IY •Ir 1•rY~ •M Is • .•H rl•Nr h•r4411 • 1 Y.Yy \••F r. Y •M.wlf r Ic.NYI• 1.1 do kA {V ~ ~Ifw * .VIII ~ Y~i1w1 I 1 1 • I o.c« vAct ..f l _.Ir .MII•♦M.•11 AV I••t~~aNNIrIV1aY •__1A1!•Z _ ~ 5_._-.. • ~S Boole.". tow," rt. 1f•fl,lrff • S• At SO• C•AAIMAV ~ WrA AIVAV SV A I40 Sop It !AN 14TV A t0U4fV AI S/N10A1, tf 1%10S okwoP* KA SA1, SCAA• ~VAMGSr A MS I. eK~ i r A ~leV _ IVII.N •Ar111111 t•\iaw aal i f ll A a •s . (v i 'Y P 8 Minutes January 300 1965 Page 4 B. rZ-1722. This is the petition of Robert J. Caraway, represented by Charles Watkins, requesting a change in the cum +t zoning classification from agricsltural (A) to planned development (PD) district on a tract of 6.34 acres situated south of U. S. Highway 380 in the vicin- ity of Cindy Lane and shown in the William Bryan Survey, Abstract 1148, City of Denton. If approved, the pro- posed planned development will permit the following type of usesi 2,17 acres of multi-family apartment development with a density of 20 units per acre 4.17 acres of commercial type uses Mr. Fersaud stated there were four re ply forms mailed to property owners; one was returned in favor (Condi- tionally) and zero in opposition. Mr. Watkins stated he is representing the owner. He stated the property is currently occupied by an auto oody or auto repair shop and a single family nouse. He said the neighbors on the east are Bethel Temple Cnurch and we plan to put a multi-family buffer next to the church and a screening fence on the church side ano on the west side of the tract next to tae commercial zoning. He stated they did realize straight coaAeccial zoning was appropriate further down the road, but since the property is located next to a churcn, de,:sded to come in with a PD. He stated tney had talked to the pastor of the church and i ey offered approval if conditions were met. Condition one asked that zoning for the multi-family apartment development not be a federally funded Subsidy and that the complex would have a manager living In the complex; Mr. Watkins stated there could be no guarantee that the multi-family de- velopment would not oe federally funded. Condition two, asked that the church be allowed to tap into the sewer at no charger he stated he feels this is a matter between the church and the city. Condition three asks that no alcnolic beverages be sold or pornogeapnic materials be permitted on the property; he stated there will be no pornographic material and us far as alcoholic beverages, staff has recomendeo that on premise consump- tion be prohioit 3, however, we are asking for off pres- isr sales for Coisum ption elsewhere. Un question from Mt. Sidor, Mr. Watkins stated no, there is a 60 foot right-of-way between the ChurCA propetty and out property. Mr. Willingham, 3816 W, University, stated ne did not recieve a notice and assumed it was because he livers too far from the proposal to recieve one. He indicated ire was in opposition as ail of those places out in tnat area are ranch style type areas. Mr. Pereaud stated In response to conditions asked by the church, number one, in regard to federally funded multi-family development, staff can't get involved in that as the guide does allow for diversity of housing and can't discrimate, Number two, can't gat involved with thst either and number three, we are requesting that alcoholic beverages be prohibited, He continued we offiaiaily felt r slcohoito beverages should be sold on the premises one. we have no problem with alcoholic beverages sold and consumed Elsewhere or taken away from the premises. Ms. Cole asked Mr. i1orris to explain the ditterence between on and off pxemix• sale and consumption, %;4 1 11 . P U Z Minutes January 30, 1985 Page 5 Mr. Morris explained the difference and stated that ataff is asking for prohibition against on premise sole of beer and wine. Mr. Persaud stated he would like to also point out the church does have a school operating there. He continued the general ob,)ectivo of a moderate activity center is to encourage a mixture of land uses with the view o, achieving balanced city wide growth. He stated the guide clearly recommends that diversity should be encouraged, as opposed to limiting the size of moderate centers with specialized development. The proposed PD will permit a mixture of commercial and high density housing. Ile continued the site is located within an area of 33 square miles which is controlled by the Airport Zoning Act and is in the horiz_ntal zone which is a surface established 150 feet above the airport ele•.ation or a height of :90 feet above :ean sea level and shown on Denton Municipal Airport Hazard zoning map. Height limitations, use restrictions and future material change of use in this site will be controlled and regulated by the relevant and applicable provisions contained in the Denton Municipal Airport and Zoning Regulations (Order 81-1). He further stated in order to promote and enchance good site planning, design and neighborhood esthetics in that general are6 abutting U.S Highway 380, it is important to restrict the permitted o:!-sa under the commercial zoning classification. Ce,:tain types of uses such as dance halls, night clc')s, o;.en salvage yards, stables, etc., which are likely to create undesireable intrusion into the planning and development of that neighborhood are to be restricted. He stated staff recommends approval of Z-1722 with conditions. Chair declared the public hearing closed. Mr. Worts made a motion to recommend approval if Z-1722 with the conditions as recommended by the staff and prohibiting dance halls, night clubs or pornographic parlors. Motion failed for lack of second. Mr. Sidur made a motion to recommend approval of Z-1112 with the following conditions: 1) Multi-family housing shall not exceed 20 units per acre 2) Right-of-way dedicoation of 60' for a public street is to be provided along the eastern boundary of ppropperty 3) Sol td b screen wally are to be provided along the eastern and western boundaries of the property and between the commercial and residential multifamily areas 4) Building lines of 25' are to ba provided as shown on the site plan. 5) All drivewaya, par",sing and drainage requirements including all other developpment standards not controlled by these conditions shall cc,nform to the Denton Subdivision and Land Development Regulations 6) The following commercial type user are prohibited: Amusemant, Commercial (outdoor), Drag Strip or Commercial Racing Asphalt or Concrete Batching Plant (permanent) Brick Kiln or Tile plant ry-eY~t tll ~ y t w r !:.V .r. .ear i i.`"~ i t P 5 'Z Minutes January 30, 1965 Page 6 I Dance hall or night club Dormitory, Boarding or Rooming House Dump or Sanitary Fill Area Cemetery or Mausoleum Extraction and Sale of Sand, Caliche, Stone, ! Clay or Gravel Fairgrounds or Exhibit Area Go-Cart Track Halfway House Hatchery, Poultry ! Hauling or. Storage Company Heavy Machinery Sales and Storage 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 Rags or Machinery, etc Petroleum Collecting or Storage Facilities Private Utility Shop or Storage Yard 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 Ru-Treading or Capping Tool Rental Trailer Camp or Mobile Home Park Trailer Rental or Sales Used Auto Parts Sales He added to the motion the on ppremise sale of beer and wine be eliminated. Seconded by Mr. Pearson and carried 5-1. (Mr. LaForte voted no.) C. Z-11723. This is the petition of Randall D. Smith requesting a change in zoning from cne single family (SF-10) district to the multi family restricted (MF-R) classification on a 1.23 acre tract in the S. McCracken Survey, Abstract 817, The property is more particularly described as the northeast corner of Sherman Drive and Kings Row. If approved, the property may be used for any use permitted in the MF-R district by the City of Denton Zoning ordinance, Mr. Pearson left the meeting. Ms. Spivey stated there woes 14 reply forma mailed to property owners, one was returned in favor and five in opposition and one in opposition not on the mailing list. Mr. Pearson returned to the mestlug. Randy Smith, ownor of the propperty stated he was requesting a change from SF-10 to multi-family restricted. Me stated he is pro osing 1.6 single familyy attached homes o be built on this corner. He stated he feels this is an idoal location for jingle family attached townhouse type ~avelopmant. He described the property located at the so a heart corner of Kings Row and Sherman Drive. He added,there is a firs station across the street which it net dstnatteally appsali~ig and said this property would not ba s.!itabla Vsr pingle family homes and would ask the Commission for their approval. n. DATES 04/02/85 CITY COUNCIL REPORP FORMAT TO: Mayor and Members of the City Council ~FROM: G. Chris Hartung, City Manager SUBJECT: ADOPPION OF ORDINANCE (2-1726) RECOMMENDATION: The City Council approved Z-1726 at a meeting held on February 19, 1985. SUMMARY: The ordinance establishes the change in the zoning classification from single family (SF-71' to single family (SF-10) on a tract of 6.714 acres situated ease and adjacent to Greenway Club Estates. BACKGROUNDi The zoning change is consistent with the policies of the Denton Development Guide. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Not applicable FISCAL IMPACT: Not applicable Reapecll~mie~e: G. Chris Hartung City Manager Prepared byt Le .7,L~LG~Cses~ Harry N persaud Urb4n;.Pl&nAeP,i>:1r Planner Appro ed: Jeff May r Director of Planning and Community Development 0T51j(1) 66., "V, 1045E NO. AN ORDINANCE AMENDING THE ZONING NAP OF THE CITY OF DENTON, TEXAS, AS SANE WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID NAP APPLIES TO APPROXIMATELY 6.714 ACRES OF LAND SITUATED IN THE F. BATSON SURVEY, ABSTRACT NO. 43,'DENTUN COUNTY, TEXAS; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION AND USE DESIGNATION FROM SINGLE FAMILY "SF-7" DISTRICT CLASSIFICATION AND USE TO SINGLE FAMILY "SF-10" CLASSIFICATION AND USE FOR SAID PROPERTY; AND ` DECLARING AN EFFRCTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I_ That the Zoning Classification and Use designation applicable to all or part of the pproperty described below is hereby changed from Single-Family "SF-7" District Classification and Use to Single-Family "SF-10" District Classification and Use under the Comprehensive Zoning Ordinance of the City of Denton, Texas: All that certain 6.714 acre tract or parcel of land situated in the F. Batson Survey, Abstract Number 43, Denton County, Texas; said tract being part of a tract being developed as Westgate Heights, Phases , II, and 1II, Denton County, Texas, and being more particularly described as follows: BEGINNING for the southwest corner of this tract at a point for corner in the south line of said proposed tact, said point is south 00°46'40" west, 120.00 feet and sout°: 89'13'20" east, 290.00 feet from the southeast corner of Thunderbird Drive, as shown on Greenway Club Estates, recorded in Volume 4, Page 27, Plat Records, Denton County, Texas; THENCE north 00°46'40" east a distance of 1751.26 feet to a point in the south right-of-way of Payne Drive for the northwest corner of this tract; THENCE north 89°48'31" east with said south right-of-we a distance of 229.96 feet the northeast corner of Lot 4, Block 7 of said proposed Westgate Heights, for the northeast corner of this tract; THENCE south 22'06158" west with the southeast line of said Lot 4 a distance of 162.11 feet to a point in north right-of-way of a proposed seat-west street in said proposed addition for an angle point of this tract; THENCE south 09'46121" west a distance of 25.38 feet to a point in the center line of said proposed street at its intersection with the center line of a of north-south street in said addition for an angle corner ofpthis tract; THENCE south 00046140" west with said north-south street center line part way for a total distance of 1429.09 feet to a point in the south right-of-way of another proposed east-west street for the most easterly southeast corner of this tract; THENCE north 89'13120" west with said right-of-wayy a distance of 35.00 fast to a point for an inner oil corner of thia tract; Z•1726/lAOE i • THENCE south 00°46'40" west with the common lot line of proposed Lots 5 and 61 Block 1 of said proposed addition a distance of 150.00 feet to a point in the south line of said proposed addition; THENCE north 89°13'20" west with south line a distance of 131.97 feet to point of beginning. SECTION It. 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, bei and the same is hereby amended to show such change in District Celsifica- tion and Use. SECTION III. That the City Council of the City of Denton, Texas, herroy finds that such change is in accordance with a comprehensive plan for ihv p4rp7se of promoting the general welfare of the CirLf of Denton, Texas, and with reasonable consideration, asong 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 encouraSiog the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. SECTION IV. 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 Citv Council of the City of Denton, Texas, after giving due notice thereof. PASSED AND APPROVED this the day of 1985. KTC9K0-0:STEWART, AAYOK CITY OF DENTON, TEXAS ATTEST: CITY Of DENTON,,TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: 2.1726/PAOt 2 .tI 1 a.x ^ } 4 n: w y fir. " hnr 'V" P 6 z Minutes February 13, 1985 Page 5 • roperty line of the Texas Instruments tract. This boundary will, align with the proposed collector street and zoning boundaries. She continued con@1daring surrounding land uses and zoning, it is unlikely that single family or low intensity development will occur at this location. She stated the site has frontage on U.S. Highway 77, a primary major arterial, and Riney Road, a collector street, which is considered desirable for light industrial land use, She stated only upon the reconstruction of boundary lines in intensity areas 2 and 3 would staff recommend approval. Mr. Sider asked if the petitioner discussed requesting a planned development. Ms. Spivey stated the owner has no definate plans with what he intends to do. Mr. Ellison stated he had talked to Willie Hudspeth, an area property owner not within the required 200 feet, who would like to go on record as being opposed. Mr. Rubio stated he wished he had more information to offer the commission, but all he has to eo on is what the client has indicated, which is 25 percent retail and the rerieinder for office development. Chair declared the public hearing closed. Mr. Sidor commented he would not be in favor of light industrial zoning, as it is not very restrictive. He asked if not approved as light industrial, could we approve it for general retail. Mr. Morris answered yea, but would have to be readver- timed and the Commission could not vote on it as general retail at this hearing. Hr. Sidor made a motion to deny 2.1110. Seconded by Mr. Juren and unanimously carried (7-0). C. FZ-1726. This is the petition of Charles Watkins, representing Denton-Tedi, Inc., requesting a change in the current zoning classification from residential single family (SF 7) to residential mingle family (SF-10) on a tract of 6.714 acres actuated in the F. Batson Survey, Abstract W 1 Denton County. The said tract is part of a 44.10 acre tract being devel- oped am Westgate Heights located east and adjacent to Greenway Club Estates. Mr. Persaud stated there were 2 reply forms mailed to property owners and there were no replies. Charles Watkins stated he is reppresenting Denton-Tedi, who is working on a 44 acre aubdivision located between Greenway Club Estates and Pp " as shown on the transpar- ancy map. He stated his client feels there is a need for more SF-10 homes in this araa, not based on a market survey, but by needs as indicated by individuals. He commented it is a pleasure to be bringing the Commission an up zoning request and would hope it be favorable. No one spoke in favor or in opposition to the request. Mr. Persaud stated this site is currently toned single family (SF-7) and is located in a low intensity area. He continued technically, 8%10 development it permitted under 8F-7 toning designatisince the former is sort restrictiW tha'n the latter, In this ease, the developer; is 4xpendipg the 9F-10 area to include 6.1 v5 "r `Y.. S F i•w r" ~".1"_.ab' ds :lr.. P b Z Minutes February 13, 1985 Page G acres of the currently zoned SF-7 tract. While the development is permitted by the regulations, it is our understanding that the developer would like to have tte designation changed on the zoning map and so his applica- tion for a zoning change must go through the normal pro- cedures. S,.aff recommends approval. Dave Bly, a resident of Creenway Estates asked about the water pressure. He stated he currently has only 35 pounds of pressure. Mr. Ellison explained the procedures of coning and then Development Review Committee and that those types of problems would be worked out during the platting stage. Mr. Clark added there is going to be a 12 inch water line extended from University down Bonnie arse and then down Payne Drive. Chair declared the public hearing closed. Mr. Eacue made a motion to recommend approval of Z-1726. Seconded by Mr. Sidor and unanimously carried ~(7-o). D. Recommend approval if the preliminary and final replat of the Claude Hill addition. Mr. Persaud stated this is a tract of 0.836 acres situated south of and abutting Stroud Street and west of and abutting Elm Street. The site is zoned commercial and the purpose of the replat is to create three sep- arate building sites. Development Review Committee recommends approval. No one spoke in favor or in opposition to the request. Chair declared the public hearing closed. Ms. Cole made a motion to recommend approval of the preliminary and final replat of the Claude Hill Addition. Seconded by Mr. Eacue and unanimously carried (7-0). E. Recommend approval of preliminary and final replat of the W.W. Wright Addition, block 2, Lot 3R. Mr. Pers&ud stated there were 47 reply forma mailed to property owners; nine were returned in favor and one in opposition. Ms. Marilyn Smith stated she is here to answer any questions the Commission might have. She stated this is an older neighborhood which was sold off by metes and bounds and this is the procedure to esta'olish a single family lot. No one spoke in favor or in opposition to the request. Mr. Persaud continued, this is a tract of 0.112 acres situated north of and abutting Sena Street and east of Cober Straeti The purpose of tha rapist is to establish it dingle famly (SF-7) lot. He atated the minimum lot width for residential development is 60 feat. The re- plat will create a lot of 50 toot width. In this cat* since this is the only portion of land ramaining in block 29 there it no way that the proposed lot width o K DATES March 26, 1995 CITY COUNCIL REPORT FORMAT TOs Mayor and Members of the City Council FROMo G. Chris Hartung, City Manager SUBJECT% PROPOSED AMENDMENT TO THE ANIMAL CONTROL ORDINANCE RECOMMENDATION: The Staff recommends adoption of the ordinance amending Section 4-33.2 of the Animal Control ordinance for clarity purposes. SUMMARYS Currently. Section 4-33.2 of the Animal Control Ordinance requires an owner, in order to redeem an impounded animal, to pa,r the Animal Control Center r rabies vaccination fee unless the animal is ct?rrer.tty varrinated, I Since the Centex does not administer rabies vaccination nor contract with any veterinarian for this service, we recuire that the owners of unvaccinated animals to place a deposit with a licensed veterinarian for rabies vaccinations prior to the release of the animal. Therefore, this ordinance will simply clean up the language of the Animal Control ordi- nance to reflect the actual procedures we currently employ. BACKGROUNDS None PROGRAMS, DEPARTMENTS OR GROUPS AFFECTEDs Animal Control Division FISCAL IMPACT (here is no impact on the General Fund. Respectfully submitted, a4s_945~ G. Chris Hartung City Manager Prepared bys Hi Anq 1 Assistant Director of Public Works Approved Bill Angelo Assistant Director of Public Works ant . 1041E NJ. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DENTON TO PROVIDE FOR PAYMENT AND PROOF OF RABIES IMMUNIZATIONS OF IMPOUNDED C'vGS AND CATS AS A CONDITION TO RELEASE OF SUCH ANIMAL; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Section 4.33 of Chapter 4 of the Code of Ordinances is hereLy amended to read as follows: (b) Pay a ::tc:ded veterinarian, unless the owner has an ur..xpirea rabies vaccination certiticate, for the dog jr cat, a rabies vaccination fee for the immunisation of the animal and bring the receipt of such payment to the Animal Control Center. SECTION IZ. That this ordinance shall become effective immediately upon its passage and approval. PASSED ANJ APPROVED this the day of 1983. RICHARD 0. STEWAKT-jMYR CITY OF DENTON, TEXAS ATTEST: ECfETAEY .CHARLOTTE CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEW ADkil DRAYOVITrH, CITY ATTORNEY CITY OF DFNTON, TEXAS M 4 WrYol DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8200 M E M O R A N D U M T0i Mayor and Member3 of the City Council FROMs G. Chris Hartung, City Manager DATES March 27, 1985 SUBJECT: SPRING FLING PARKING ORDINANCE RECOMMENDATION: As you are aware, the annual Spring Fling Festival is scheduled for April 27 and 28 of this year. In order to avoid a severe traffic problem. Staff recommends the passage of the attached ordinance which would temporarily prevent parking on both sides of Carroll Boulevard from Sherman Drive to two hundred and fifty feet (250') north of Fain Street on both drys of the Festival. BACKGROUND$ As the popularity of the Spring Fling Festival grew, the event produced a larger and larger traffic ailemmai thereforoi, <n past years, identical ordinances to the one being proposed were enacted. wilie past ordinances, as is the case with the attached ordinance, were intended to prevent what experience taught us to be a two-fold traffic problem. First of all, the routine flow of traffic is disturbed 1%y customers and participants of the Festival. Traffic jams develop which affecv two of Denton's largest thoroughfares (i.e., University Drive and Carroll Boulevard). Needless to say, such problems in a businsss district may deter customers and aggravate citizens. Secondly, emergency vehicles are detained when traveling through the area. Although the probability that the need for an emergency vehicle to travel through an area would be enough of a justification to reduce traffic jams, the probability that the need for emergency service will arise in this area is higher than normal due to the fact that the Good Samaritan Village is located to the north of the Spring Fling site. We hope that you again accept our proven method of avoiding potential traffic problems on Carroll Boulevard during Spring Fling activities. Spring Fling Parking Ordinance March 27, 1985 Page 2 PROGRAMS, DEPARTMENTS OR GROUPS AFFECTEDt The Transportation Engineering Division will be the only division affected by the ordinance. Prior to the event, they will place No Parking signs through- out the area, and upon the conclusion of the activities {i.e., Sunday, the 28th of April), the division will also remove signs to allow the area to revert back to the parking zone regulations. FISCAL IMPACTt There is no impact on the General Fund. Respectfully submittedt a 04 G. Chris Hartung City Manager PREPARED BYt Harlan J son Adminidtrative Assistant APPROVEDt bill Angelo Assistant Director of Public Works PW , di ! d vt k. P4 l t^' i~ pr NO. AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES 014 BOTH SIDES OF CARROLL BOULEVARD TWO-HUNDRED FIFTY FEET (250') NORTH OF FAIN STREET rO SHERMAN DRIVE DURING THE ANNUAL SPRING FLING TO BE HELD APRIL 27 AND 28, 1985; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. THE MMCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. When signs are erected gi•ring notice thereof, parking shall be prohibited upon the following street in the City of Denton to-wit: Both sires of Carroll Boulevard two hundred and fifty feet (2501) north of Fain Street to Sherman Drive during the annual Spring Fling to be held on April 21 and 28, 1985. SECTION It. That the portion of the above described street designated as temporary no parking shall revert back to the no parking tone regulations immediately from and after the closing of the Spring Fling on April 28, 1985. SECTION III. Any person adjudged guilty of arking a vehicle in violation of this ordinance shall be guilty A a misdemeanor and punished by a fine not to exceed Two Hundred Dollars (;200.00). SECTION IV. That this ordinance shall become effective fourteen (14) days froo the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to ba published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of r , 1985. RICRM 0. CITY OF DENTON, TEXAS ATTEST. • CHARLOTTME pCITY Y CITY OF DENTON,TEXAS APPROVED AS TO LEGAL FORH: DEBRA ADAHI DRAYOVITCHj CITY ATTORNEY CITY OFF D/EuN^TON, TEXAS BY:~ CETCI'IFICATS FOR ORDINANCE CANVASSING BOO ELBMCN REIIhIIZS • L i • THE STATE CF WW COLIKY OF DEb= : CITY OF IWOON = we, the undersigned officers of said City, hereby certify as follcws: 1. The City Council of said City convened in HMING ON THE DAY OF , 1985, -Fc at the launI Building (City Hall), and tIe ro was called of the duly constituted officers and avers of said City Council, to-wit: Charlotte Allen, City Secretor} Richard 0. Stewart, Mayor Mark R. Chew Dr. A. Ray Stephens Linnie McAdams Jim Riddlesperger Charles Bopkins Joe C. Alford and all of said persons were present, except the following absentees: , thus constituting a quorum. e%4m, Wrong o .er Lness, the o was transacted at said Meetings a written OFOnWCE CAINASM BOO EI,FMCN Wn1 FRS was duly introduced for the consideration of said City Council and duly read. It was therm duly moved and seconded that said Ordinance be passed: and, after due discuss! ,m, said motion., carrying with it the passage of said Ordinance, prevailed and carried by the following vote: AYES: All Perbers of said City Council sham present above voted "Aye". NOES: None. 2. That a true, full, and correct copy of the aforesaid Ordinance passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Ordinance has been duly recorded in said City Council's minutes of said Meetiroj that the above and foregoing paragraph is a true, full, and correct e.,xarpt from said City Council's minutes of said Meeting pertaining to the passage of said Ordinance: that the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of said City Council as L'dicated therein; that each of the officers and reTbers of raid City Council was duly and sufficiently notified officially and personall„ in advance, of the timce, place, and purpose of the aforesaid Meeting, and that said Ordirance would be introduced and considered fcr rossage at said Meeting; and that said Meeting was cper, to the public, and public notice of the tine, place, and purpose of said rueeting was given, all as required by Ventun's Ann. Civ. St. Article 6252-17. 3. That the Mayor of said City has approved, and hereby appm-es, the aforesaid Ordinance; that the Mayor and the City Secretary of said City have duly signed said Ordinances and that the Mayor and the City Secretary of said City hereby de:lace that their signisn of this Certificate sMIl crorstitute the signing of the attached a.Yl following copy of said Ordinance for all purposes. SIGIM AND SEKM the day cE , 1985. City Secretary Mayor (SEAL)---------------------------------- we, the undersigned, being respectively tle City Attorney and the Bond Attorricrys of the City of Denton, Texas, hereby certify that we prepared and appmvd as to legality the attached and following Ordinance prior to its passage as aforesaid. e My Attorney r t , BOW ttnrneys ix r., V~" 7~ a ` u x B ,f Y :x J' L. ~+9 w1 5^i "'k'J r'S., 1rry k. C, 1 t} N s* e a P S a Y IV ORDINANCE Nlr 85- ORDINANCE CANVASSING ELEC71-ON RETURNS THE STATE OF TEXAS : COUNTY OF DENTON e CITY OF DENTON = WHEREAS, the City Council of said City ordered an election tc be held in said City on MARCH 230 1985, on the PROPOSITION hereinafter statedt and RHEREAS, said City Council has investigated all matters pertaining to said election, including the ordering, giving notice, officers. holding, and making returns of said election and WHEREAS, the election officers who held said election have duly made the returns of the result thereof, and said returns have been duly delivered to this City Council, THE COUNCIL OF THE CITY OF DENTON HERESY ORDAINS: 1. That the City Council officially finds and determines that said election was e.aly ordered, that proper notice of said election was duly given, that proper election officers were duly appointed prior to said election, that said election was duly held, that due returns of the result of said election have been made and delivered, and that the City Council has duly canvassed said returns, all in accordance with law and the Ordinance calling said election. 2. That the City Council officially finds and determines that the following votes were cast at said election on the submitted PROPOSITION, by the resident, qualified electors of said City who voted at the election: PPOPOSITION VOTES: FOR 1 1 THE. ISSUANCE OF $10,009,CCD OF STREET IMPROVEMENT BONDS _Q.3 VOTES: AGAINST ) 3. That the City Council officially finds, determines, and declares the result of said election to be that the fore- gcing PROPOSITION so submitted has received a favorable major- ity vote ir, all respects and has carried, and that the bends voted thereunder may be issued in accords~ce with law. V rr.. ti ti7i r y 'y v r.;.v, r e re.• ry x • 1~^~r,~~,t a ~ ~ 4q C d°"Y r'U f fN r ° t yn 7 * k }y r y ~i^~~' ~ b. ~ DATE: 4/2/85 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: Ordinance approving expenditure of funds and an Independent Contractor's Agreement with Dr. Glass for the 1985 City of Denton Citizens Survey RECOMMENDATION: Staff recommends that the Council approve the ordinance and independent contractor's agreement with Dr. Glass for the survey. SUMMARY: Dr. Glass has prepared and conducted a survey of citizen attitudes toward city services for the past several years. The survey results are used by the staff as a tool to track attitude trends in the com- munity. We recommend approval to maintain continuity. BACKGROUND: PROGRX4 S, DEPART%IENTS OR GROUPS AFFECTED: FISCAL IMPACT. The cost incurred to prepare and conduct the survey will be approximately $3,000. Rrispe Lfu L&f subr~ii ted: • IF" ris ar n City 'danager i Prepared 1,, Title /J~,, ApProved Name Title ° r O3 L d f 1/f N0. AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DE4TON AND JAMES J. GLASS FOR A 1985 DENTON CITIZEN SURVEY, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is in the beet interest of the City of Denton to provide for its future needs for a 1985 Denton Citizen S,3rvey; and WHEREAS, the city staff has recommended that James J. Class, be retained to provide a 1985 Denton Citizen Survey; and WHEREAS, Section 2.36(f) of the Code of Ordinances requires that the City Council approve all expenditures of more then $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 approves and authorizes the Mayor and City Secretary to execute and attest, respectively, the agreement between the City of Denton, and James J. Glass, providing for a 1985 Denton Citizen Survey under the terms and conditions being contained in said agreement which is attached hereto and made a part hereof. SEC'.'I~jN It. That this ordinance shell become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1985. RICHARD 0. Tj MAYOR CITY OF DENTON, TEXAS ATTEST: CITY OF DE.NTON, TEXAS APPROVED IS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: 2 . Y ;'!V 1 + lr~ yfr Z : 7 ~(``>V- t r ry S t^ r 2 3" "ham R4r h t~ K:~ " pV . r q bP a a • i'M X f "4. ~l~.r w,'rr t l 1,Fd r',e ' 03604 s THE STATE OF TEXAS § AGREEMENT BETWEEN THE CITY AND'JAMES J. GLASS COUNTY OF DENTON j KNOW ALL HEN BY THESE PRESENTS: The City of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager, and James J. Glass, hereinafter called "Contractor", hereby mutually agree as follows: 1. SERVICES TO BE PERFORMED: City hereby retains Contractor to per form the ate ns t e`r-3eeignated services and Contractor agrees to perform the following services: A. 1985 Denton Citizen Survey 2. COMPENSATION TO BE PAID CONTRACTOR: City a rees to pay Contractor or the services per orme ereunder as follows: A. Amount of Payment for Services, Two Thousand Nine Hundred Seventy-Five ($2,975.00) Dollars to be paid to James J. Glass. B. Two Hundred ($200.00) Dollars for computer costs to be paid separately to North Texas State University Computing Center. C. Date. of Payment: Completion of the Survey. 3. SUPERVISION AND CONTROL BY CITY: it is mutually understood and agree by an between city an ontractor that Contractor is an Independent Contractor and shall not be deemed to be or con- sidered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City em loyae benefit. The City shall not have supervision and control of Contrrtctor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 4. SOURCE OF FUNDS: All payments to Contractor under this agreement are to be pad by the City from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. 5. SERVICES Ai.O SUPPLIES TO BE FURNISHED BY CONTRACTOR: Con- tractor agrees to urns to City the following services and/or supplies: A. Project Development B. Administration C. Data Analysis D. Report Preparation. 6. INSURANCE: Contractor shall provide at his own cost and expense worlm-ea compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. PACE 1 V. z7 'i. qv iy 'hiC n yf h ! t'+'~lF.x M't y, ,;f f~n~ . r a^~ ~ ~ r li c m n,! 7 ~ e- r 7. CANCELLATION: City reserves the right to cancel this A~ree- ment at any Me 6y giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. 8. TERM OF CONTRACT: Invoices will be rendered to the City by North Texas tats n varsity Computing Center through completion of the survey, which has a projection date of June, 1985. 9. ADMINISTRATION: The Assistant City Manager Betty McKean shall be respond a for the administration of the provisions of this agreement. 10. INDEMNIFICATION: Contractor hereby agrees to hold harmless and indemnify the ty from and against any and all loss, expenses and damages for injury to or death of persons and injury to or destruction of property arising as a result of any act or omission of Contractor in the course of performing the services provided for in this agreement. EXECUTED the this day of , 1985. CITY OF DENTONs TEXAS BY: G. CHRIS HARTUNG ATTEST: CTUUM70TTrA , CITY SECRETXKY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY C17Y OF DENTON$ TEXAS BY- JAMES J. GLASS, CONSULTANT BY: PAGE 2 • ~~R' i'6N~ G ~zr y'i.r yy.( t""• G r+f rey. . • i~ 1985 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: G. Chris Hartung, 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 198S, recommended to the City Council approval of the proposed contract to sell generating capacity to Texas Utilities Electric Company. S UM1•4ARY With Comanche Peak Nuclear Unit delayed until 1986, Texas Utilities may have insufficient generating capacity to meet their reserve margin requirement during the summer of 1985. They have asked to 'purchase 200 MW from the Texas Municipal Power Pool member systems. Thi 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 U /KMH for operating and • maintenance. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED Electric Department, electric customers, Texas Municipal Power Pool members, Texas Utilities Electric Company. FISCAL IMPACT Sale of this capacity could offset the additional costs for energy required due to Comanche Peak not being available during 1985. Estimated salas: 200,000 Kw I $35/KW $790009000 .16% Denton's Share (estimated 161) $1,1200000 Prepared by: Respectfully Submitted R. Nelson e Director of Utilities t City Manager App K.1 b. e on Director of Utilities • EXHIBIT I Proposed Contract 11 Resolution III Minutes PUB Meeting of .2/6/8S 3489U:1 Y5 y W- fA Y e.; t~ ,i'a r P + t y, S t, 164L NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN AGREEMENT PROVIDING FOR THE SALE OF ELECTRIC POWER BY THE CITIES OF DENTON, BRYAN, GARLAND AND GREENVILLE AND BRIZOS ELECTRIC POWER COOPERATIVE, INC. (REFERRED TO AS "TMPP") TO TEXAS 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 heresy approves the attached agreement, providing for the sale of electric power by the Cities of Denton, Bryan, Garland and Greenville and Brazos Electric Power Cooperative, Inc. to Texas Utilities Electric Company and authorises the Mayor to execute the agreement on behalf of the City of Denton. SECTICd It. That this ordinance shall become .effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1985. RICHARD 0. STEWART, MAYOR CITY OF DENTON, TEXAS ATTEST: -SE'L'EIE"I`A" CHARLOTTE ALLENo CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FOR11: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: I'n, '{.'4v k 4: `*...ri Y~1♦ r'=.@ r}qq+.¢~hC {S ,Fw' `9y t r1 .p 7~ Y. r~ , rx' `,r `6451 THE STATE OF TEXAS § AGREEMENT COUNTY OF DENTON § This Agreement, made and entered into as of the day of , 1985, by and between BRAZOS ELECTRIC POWER COOPERATIVE, INC., and the Cities of BRYAN, DENTON, GARLAND, and GREENVILLE, hereinafter referred to as "THPP", and TEXAS UTILITIES ELECTRIC COMPANY, a Texas Corporation, acting herein through its Texas Utilities Generating Company division, hereinafter referred to av "TUEC". WITNESSETH: WHEREAS, TMPP 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 Texa;,, and desires to purchase electric power from TMPP; 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 200 megawatts (MW) generating capacity available for sale to TUEC from June 1, 1985 through and including PAGE l eF '!jy' i'i Y i n d t 4a F l;y~ t Fr" Y' r r i September 30, 1985, and' agrees to sell such capacity to TUEC on the following terms, and subject to the provisions set forth in this agreement: (a) Capacity Charge: TUEC shall pay TMPP an Annual Capacity Charge as follows: (1) During 1985, the Annual Capacity Charge shall be $7,000,000 to be paid, as billed, in installments of $1,750,000 for each month during the aforesaid period of availability (hereinafter called "Monthly Capacity Charge'); provided, however, if in any month TMPP fails to have available 200 MW of capacity, then the Monthly Capacity Charge for that month shall be adjusted to reflect the amount of capacity actually available to TUEC as follows: any hour that any part or all of the 200 MW is not available, the Monthly Capacity Charge will be adjusted by subtracting $12.00 for each MW not available during such hour. (2) Although in 1.1(x)(1) 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 times 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. PAGE 2 -Ile I A, , F O' "n:,R di t" 'v fit:, a y i ;•a vR: a (3) TMPP will promptly notify TUEC, as far in advance as practicable, when any of such capacity is not avail- able or is limited and the duration of such period of nonavailability or limitation. (b) Energy Charge: TUEC is entitled to purchase energy up to the maximum hourly 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 TUEC. (1) The Monthly Energy Charge will be the sum of: (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 delivered to TUEC each month; (ii) the incremental operation and maintenance expenses incurred by TMPP in generating the energy delivered to TUEC each month from TMPP gas and oil fired generation, which the parties agree is two (2.0) mills per KWH; (i.ii) the coats related to transmission losses on the TMPP system resulting from such deliveries to TUEC each month, which cost will be determined by agreement of the parties based upon load flow studies; and (iv) startup charges, if applicable. PALL 3 n) .4~ '".E5"e' ~i,W Zt..l'v •i j.~..rr n w V4 ,f r 4 s r.. c v. 710! a Such load flow studies will utilize the firm power wheeling loss matrices produced pursuant to the Texas Public Utility Commission substantive rules or such other procedures as may be established by the parties hereto. (2) The incremental fuel costs for energy delivered to TUEC herein shall be calculated by using the bus bar fuel coats for gas in cents per kilowatt-hour based on the incremental 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 enetzy for TUEC provided, however, that the units so designated will be the most efficient units available for oper. +e%n after the TMPP load requiremet,'.e and prior contractuaa 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 average cost of fuel cil over gas will be borne by TUEC. The cost of fuel oil shall be the lesser of inventory or replacement costs. It is intended that the energy furnished to TUEC by TMPP be generated in gas and/or oil fired units. When energy is available from coal fired units, TMPP, at its sole PAGE 4 i q f4y ( ;".,f a ~~~~F ~ R V ~ J Sri X~ Si ' ~.ti ~7 l+v Y a' l~.h ,r ~f f,rj A C"S q.♦~ s.' e F discretion, may elect to furnish the energy requested by TUEC from such units at a cost equal to the cost of energy which would otherwise have been generated by TMPP with gas as fuel (or oil, provided prior authori- zation has been obtained), using the heat rate of 10,250 BTU/KWH for cost calculations. (3) TMPP will have complete discretion as to the fuel mix that will be used to generate energy dellverci to TUEC; subject to prior authorization for oil, It is antici- pated 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 feel mix, and the esti- mated cost of the components thereof, when each scheduled delivery period is requested, and TMPP will immediately notify TUEC of any changes in the mix or in such component costs during such scheduled delivery period. 1.2 TUEC shall carry its spinning reserve assignments required by applicable operating agreements on its own generators. 1.3 TUEC may, at its option, repay TMPP for TMPP's losses in kind. If so elected, that component of the Energy Charge will be eliminated or reduced to the extent of such repayment in kinA, '?AGE 5 7~ r, r., ~ii~" 1 , v J r7--~i k r x r n r,<.y r A r rY q t r n It{ ra' r ~ J 4{q rw Z s Se ..y ..'g~bt* v~r ~7 b r k r` :*1 + 'i, 1 x4 v i e ~ r5 SS tr I E' t ARTICLE II. FUEL SUPPLY 2.1 The delivery of energy to TUEC is subject to fuel limitations that may be imposed upon TMPP or its fuel suppliers by regulatory action, statutory changes, or the invocation of provisions in TMPPts existing or future contracts for boiler fuel. 2.2 Daily scheduled requests by TUEC for capacity and energy deliveries shall be made at least twenty-four (24) hours in advance unless this requirement is waived by TMPP or unless TUEC has an emergency capacity deficiency, in which event capacity will be made available as soon as possible. (a) Capacity shall be scheduled for a minimum of six (6) hours, but TMPP shall not be required to start up any one unit more than once during any twenty-four (24) hour period. The minimum take during an; hourly period in which capacity is scheduled shall not be less than thirty percent (34X) of the maximum amount scheduled during a scheduled delivery period. (b) Each time that capacity is started for TUEC, TUEC Mall pay a generating start-up cost to be calculated as follows: 5.5 times the cost of fuel per million BTU used in starting the unit times the maximum number of megawatts scheduled. No such start-up charge will be made when unite do not have to be started in order to supply TUECf,s requested capacity. PAGE 6 (c) TMPP dispatcher shall determine, at his sole discretion, whether capacity must be started 1.n 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 Ma,jeure would cause a drastic change in the Energy Charge to TUEC. (d) TMPP will not be obligated to pick up or drop load at a rate in excess of three percent (3%) per minute for the total amount scheduled. 2.3 TUEC may, from time to time at its option, provide natural gas fuel to TMPP for its use in generating the energy delivered to TUEC under this contract. In the event TUEC does make such natural gas fuel available to TMPP by contract release or otherwise, TUEC shall be responsible for arranging the delivery of such fuel to TMPV at the power plants designated by TMPP. The Energy Charge shall include no incremental fuel costs nor the fuel component of start up costs with respect to fuel furnished by TUEC. TUEC wil. bear all costs for purchase and delivery of said fuel. ARTICLE III. TRANSMISSION LINE CAPABILITY STUDIES AND WHEELING POWER 3.1 TUEC shall make all arrangements necesbary to transport beyond tha transmission facilities of TMPP the power and energy it expects to purchase from TMPP during the term of this agreement. PAGE 7 v' -1 d Y i r y, .art i a- r „r 1' ARTICLE IV. CONTINUITY OF SERVICE, FORCE MAJEURE 4.1 Each party will exercise reasonable diligence and care to avoid interruptions of delivery and receipts 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 by strikes, riots, civil disturbances, action of public authority, litigations, breakdown, or other causes beyond its reasonable control. 4.2 The Capacity Charge will he reduced, irs the manner set forth in 1.1(a)(1), for each hour that TUEC. is unable to receive, or TMPP is unable to deliver, all or pact of the capacity made available hereunder by reason of any of the causes set forth in 4.1 or 4.3. Failure or refusal of the Public Utility Commission to allow TUEC to recover, as a purchased power or other allowable cost, all or part of the expenses and costs incurred by TUEC pursuant to this agreement shall not be a reason, as set forth in 4o1, for nonperformance hero:of. 4.3 TMPP may interrupt delivery of capacity and energy to make .iecessary repairs or to make changes in equipment or to install 4 new equipment, but only for such time as may be unavoidable. TMPP will endeavor to schedule outages so as not to inhibit its perfor- mance hereunder, Reasonable advance notice of such interruption will be given if the nature of the situation permits. PAGE 8 t a ~ ~ s{ Sri Xtr ..tl - 1 e ti e 5s r u~. a'~ ~ r rp a < r l e, y a E "„1„ di". a r i K ~7 w ~ ARTICLE V. BILLING AND PAYMENT' 5.1 Beginning on July 10, 1985, and continuing on the 10th day of each calendar month thereafter for three (3) months, TMPP or its designated agent shall render a statement for the capacity charge and any energy delivered to TUEC 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. Bills will be due and payable within fifteen (15) days from j receipt 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, or determinations, then proper adjustment and correction thereof shall be made as promptly as practicable thereafter. PAGE 9 ON& ARTICLE VI. 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 prompt 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 suspeas ion or nonpayment. No such suspension of payment or czlivery will excuse continued performance by the party in default nor affect the enforcement by either party of its rights hereunder. No waiver of any right to enforce any breach hereof will be deemed a waiver of any other or subsequent default. All rights and options herein provided to or for the benefit of either party shall continue so that failure to exercise any such right or option shall not be construed as waiving the right or option upon any subsequent delay or breach whether of like or different character. ARTICLE VII. REGULATORY APPROVAL 7.1 The terms of this contract and the charges herein set forth are subject to the approval of any regulatory authority PAGE 10 having jurisdiction over the parties hereto, and the rates and charges herein set forth are subject to change or termination pursuant to the order of such regulatory authority. ARTICLE VIII. 1 ERM This agreement shall become effective upon exe.it?on and shall continue in effect until December 1, 1985. ARTICLE IX EXTENSION 9.1 TUEC may, at its option, exercised by giving written notice to TMPP not later than December 1, 1985, renew and extend this agreement for all or part of the calendar year 1986. If such option is exercised, TMPP will sell and TUEC will purchase, on the terms and provisions and at the price herein set forth, such generating capacity as TMPP may have available during such year for such portion of 1986 as TUEC may designate in its notice; the Capacity Charge shall be alr-red, pro rate, to reflect any change in available capacity. Notwithstanding the foreging, TUEC may, but shall have no obligation to, purchase available capacity in excess of 200 Mw; VAPP may, but shall not be obligated to, accept any renewal hereof for any period that does not include the months of June through September, 1986, PAGE 11 'v.q. f •fa 1 N° V3^+ d SY.1J R y.fi C r s 4 4 . f .1 r. t, f~ vF d. w J ARTICLE X. SUCCESSORS AND ASSIGNS This contract will inure to and be binding upon the successors and assigns of the respective parties. EXECUTED on the date first above written TZXAS UTILITIES ELECTRIC COMPANY ATTEST: BY: Title of Texas -Utilities Generating Company, a division of Texas Utilities Electric Company CITY OF BRYAN ATTEST: BY: CITY OF DENTON ATTEST: BY: KICRA STEWARTj MAYOR CRARLOTTE ALLEN, MY SECRETARY PAGE 12 ° +Wti .S 'P.f ? 4r E y`rY rr v;` ~o~ t I I V a: ~ f z'AP i.~4 d'ce, CITY OF GARLAND ATTEST: BY: CITY OF GREENVILLE ATTEST: BRAZOS ELECTRIC POWER COOPERATIVE, INC. ATTEST: BY: PAGE 13 x° ° rim i •~w. r . i° `,x ° i' fi a-!5 r'>Ll ~`P. d 4 4 i i < r a"'.✓... A 111W, I .aSd; rubric Utilities Board .minutee iobtuaiy 60 11985", 3 e The Texas Mater Rights Cotaaissi0n staff will not recommend Y use perait unless the downstream water land- holde:s agree to release or reduce the permit voicme of Dallas and Denton. This would probably result in Dallas charging Denton for the use of Dallas' water rights, at approximately 36.72 cents pnr thousand gallons, the current cb.r4a for City's raw watP,. The Board discussed the item with Nalson. Mc. Hawley of Oakmont Estates also spoka 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 dicecting the staff to continue work on this matter and • attempt to sake Power effluent available to the customers of the City of Denton. Thocpsoa made a motion to direct staff to continue to work on the sal.% of wastewater effluent with Oakmont Estates. Second by Boyd. Three "ayes," no "nayF". Motion carried. • S. CONSIDE~t MUM 0ZQ=1ZE PARTICIPATION AaREMIENT WITH ,R~E,T!'$ Poa _~eASTE!+aTER Er~LVENT L I,N~ Due to the discussion of the previous topic of the sales contract for eater/wastewater effluent to Oakmont Estateso the Board tabled this item until further discussion and other information is made available. 7• SID- Stp._Y~AL~,~,d! PRO RATA AgRPDMNT MITH DA~rntn~tr 2~'~sTl`:d El1~LUENT LI[!E - Again, due to the action taken on item #s regarding the contract of sale, the Board tabled this item pending further investigation and new information. 80 94NSIDER PROPOSED C ,U WITH TEXA UTILITIES REGARDING TBa SALE Ot~ e~N~et~a~rruti CAPACITY Nelson Informed the Board that Denton, as a part 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 035600 per KM of available power. The price per KM is about equal to the current "rket value of the same capacity available through gas turbine genetators. Any energy purchased in addition to the contract would be dhAt444 at the cost of fuel, plus 7/10 of a cent per KM for operating and Mintenancs. The total contract is expected to bring in about 58,750400 for the Texas Municipal Power Pool which includes Denton, Garland, Bryan, E01 i~ P✓ q f •a [ p.~ 5 R 7 ei 1~4~ M1 v Y R cYh uFyu~ _ "S r.a Fy > ax ii ll.y. i~ R.F' b ♦ f 5'd'~ PB~~i. a8~:'J ICJ < v WE.4 P 't fQ; 1 7 yW N° '2 M 1. ~f `pubi .Uil' saafd Mis~~it~s 1~etbrpary d; I t Paps, s Greenville, and Brazos Electric. Denton's share would be between 15, to 20 percent. Dentonls share estimated 'presently at about 18 percent or ;11575.000 to the City of Denton. Staff recommends approval of the proposed one year contract of sale for electrical generating capacity to Texas Utilities. The uoard asked staff whether this was going to be good for the City of Denton. Me. Nelson suggested thate particularly in the light of recent failure of the Gibbons Crekik Generator and the postponing Lhe Comanche Peak Plant, thifi money would help off-set other increases which may be necessary to the City of Denton customers. Boyd made u 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. COIISIDER BID OPENING OF CAPITAL IMPROVEMENT PLAN PRQ49C-T NUMBER 85-M-15 (SPENCER ROAD) MM 85;9-16 (LOOP 288 MATER LINE), BID #9391 The project is intended to provide a 20" water line going to Loop 288 from the existing water plant following Loop 286 north to McKinney Street and providing an 0" 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 infocued the Board chat the difference between the bid amount $512,000 and vas accepted bid amount of $486,52% was due to reduction in the requirements by the city on thA water line, such as the removal of 33 fire hydrant& which airs in the original bid 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 recommand to the City Council acceptance of bid of Dickerson Construc*.ton Company in the amount of $406,522. Second by Boyd. Three "ayes," no "nays". Motion carried. ! N ' r1r` Y.' J Ji.r J+ F `v. ! i { Y' y r{ Ifs ' ! V 'S rv C 4 p 4 s qi 'v A 11. . + 4 qq y` N r R E S 0 L U T 1 0 N WHEREAS, on Saturday, Aril 20, 19:5, the Sigma Alpha Mu Fraternity is sponsoring an spring Renaissance to be held on Fry Street between the intersection of Oak and Hickory; and WHEREAS, all abutting property owners of the street have given their permission to the 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 Hicsnry Street from the hours of 8.00 A.M. until 7:00 P.M. on April 20, 1985; ;JW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTOti, TEXAS: SECTION I. That Fry Street between Oak Street and Hickory Street shall be temporarily closed as a street or public thoroughfare of any kind or character whatever on April' 20, 1985 from 8:00 A.M. until 7:00 P.M. for the purpose of holding the Sigma Alpha Hu Spring Renaissance. SECTION 11. That the portion of the above described streets shall revert back to the City for normal traffic activity immediately from and after 7:00 P.M. on April 20, 1985. SECTION III. That this resolution shall take effect and be in full force and effect from and after the date of its passage and approval. PASSED AND APPROVED this the day of April, 1985. RICHARD a. S'! t,T AK MAYOR CITY OF DENTON, TEXAS ATTEST: CrrT- ECRB'l'7 T CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAAMI DRAYOVITCH, CITY ATTORNFK CITY OF )ENTON, IXAS By l t17l6sL~~'at~sS .1Ll~rS~. i G dpp sr r t FS x _ tw d 7 JI it d (~'S }i 3 Y i J r 1 *A a,e' dY4''A Y~{ di _ 77, Y ~a i x' ♦ L., Yd' tYd J~r ° 3/27/85 CITY COVNZIL REPORT 'TORMAT TOt Mayor and Members of the City Council FROM: 0, Chris Hartung, City Manager SUBJECT: Jay Rodgers and Bruce Brown Airport Lease Agreement RECOMMENDATIONt It is the recommendation of the Airport Advisory Board to approve the Airport Lease Agreement between the City of Denton and Mr. Jay Rodgers and Mr. Bruce Brain for the purpose of constructing aircraft hangars on 4.14 acres of property on the north end of the Denton Municipal Airport. ' SUMMARY: This lease has been reviewed in detail by City Staff, City Attorney and the Airport Advisory Board. Under the terms of this standard Airport tommercial lease, Mr, Rodgers and Mr. Brawn are required And will construct in their initial "phase V plans, three aircraft hangars of not less than 5OX60 feet in size, related taxiways and vehicular roadways. Final construction plans for the area may ultimately include as many as nint hangare ( the total number of hangars may vary depending on the size of the hangars that are built). Plans and specifications for the facility will be submitted ac a later date. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: This development on the airport should not affect any other department or group. FISCAL IMPACT., Airport revenues will be increased by at least by $12,644.80 per year. There will be no cost to the General Fund, Prreppareed - Respectfully submittedt Clint Lync Airport Manager Approvedt s -W4Pz~ O. C r s ar ung Bill Angelo ,r/777 X- A T-j v.,~i.'r Z 4z' t i . r. r r t. 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, Jay D. Rodgers and Bruce brown, a Te,;as partnership, desire to lease property at the Denton Municipal Airport and to use the same for hangar construction, hangar rantai and related aeronautical purposes; and WHEREAS, the City of Denton desires to lease property upon the Airport for such purposes; and WHEREAS, the Airport Advisory Board has r.+viewed and recommended approval of the attached proposed lease agreement; NOW, THEREFORE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TFXAS, THAT: SECTION I. The Airport Lease Agreement (Commercial Operator) between the City of Denton and Jay D. Rodgers and Bruce brown, attached hereto and incorporated herein by reference, is hereby approved. SECTION 11. The Mayor is hereby authorized to execute the attached lease agreement on behalf of the City. SECTION III. This Resolution shall be effective immediately upon its passage and approval. PASSED RND APPROVED this the day of 1985. RICHARD 0. STUMT-o"VM CITY OF DENTON, TEXAS ATTEST: City or DENTON, TEXAS APPROVED DRAYOVITCHj(3 TY ATTORNEY CITY OF DENTON, TEXAS BYr 5 t 1+ r u~ F+ 4 1 S+' p k 1 ~ 'TAT j + r ip~, ++d f .i .l4`a y '.i lY IrkP k 1039E AIRPORT LEASE AGREEMENT COMMERCIAL OPERATOR' THE STATE OF TEXAS S COUNTY OF DENTON 3 KNOW ALL MEN BY THESE PRESENTS: This lease is made arid executed this day of 1985, at Denton, Texas, by and between the City of Denton, a Municipal Corporation, hereinafter referred to as "Lessor", and Jay D. Rodgers and Bruce Brown, a Texas Partnership, having its principal offices at 900 Austin Street, Denton, Texas, hereinafter referred to as "Lessee". WITNESSETH: WHEREAS, Lessor now owns, controls and operates the 4unicipal Airport (Airport) in the City of Denton, County of Denton, State of Texas; and WHEREAS, Lessee desires to lease certain promises on said airport and construct and maintain an aircraft hangar and related aviation facilities thereon; and NOW, THEREFORE, in consideration of the premises and the mutual covenants contained in this Agreement, the parties agree as follows: 1. CONDITIONS OF AGREEMENT NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY HEREINAFTER CONTAINkD, THE LANGUAGE IN PARAGRAPHS A THROUGH D OF THIS SECTION SHALL BE BINDING. A. Principles of Operations The right to conduct aeronautical activities for furnishing services to the public is granted the Lessee subject to Lessee ■gre•insl 1. To furnish said services ,on a fair, • ual and not unjustly discrimin+itory basis to all users thereof; acd 2. To char • fair, reasonable and not unjustly discrimina- tory pr ces for each unit or service; provided, that the Lessee may be allowed to aak• reasonable sha dondiecria- instory discounts, rebates, at other similar types of price reductions to volume purchators. PACE L 'Q '~\s e F7 YY 9, x P n a tr ~i r A r pl pt 2 ♦ w e K° i l 1: i 7 1 i l.,... t r r y A 4 r A e~1 .W~ Fe ;if n~J ~rtr Ie.t4. ~i •r~tiAti~a74'~ $~{~'~§i ~~.°tr t'~ 8. t7on•Diacrimination The Leases, for himself, his personal representatives, successors in interest, and assignal as a part of the consideration hereof, Ooes hereby covenant and agree as a covenant running with the land that: 1. No person on the grounds of race, religion, color, sex, or national origin shall be excluded from participation 1n, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; 2. In the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, religion, color, sex, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; 3. The Lessee, shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Trans- portation, Subtitle A, Office of the Secretary, Fart 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation-Effectual of Title VE of the Civil Rights Act of 1964, and as said Regulations may be amended. That in the event of breach of any of the above non- discriminatory covenants, Lessor shall have the right to terminate the Lease and to re-enter and repossess said land and the facilities thereon, and hold the same as if said Lease had never been made or issued. This provision does not become effective until the procedures of 49 CFR part 21 are followed and completed including exyirstion of appeal rights. C. Right of Individuals to Maintain Aircraft It is clearly understood by the Lessee that no right or privilege has been graeted which would operate to prevent any person, firm or corporation operating aircraft oa the airport from performing any services on its own aircraft with its own regular employees (including, but not linitod to, maintenance and repair) that it may choose to perform. D. Noe-Exclusive Riiht It it understood and sgraed that nothing herein contained shall' be construed to grant or authorise the granting of an I i PACE 2 ~ M9 ~y+i~ ar ~e~' L'~,+~ 4 ~ V,°:i a r a;i rf y ti. y rre u y, s p. f ~ . n exclusive right within the meaning of Section 1349 of Title 43, U.S.C.A. E. Public Areas 1. Lessor reserves the right to further develop or improve the landing area of the airport as it sees fit, regardless of the desires or views of the Lessee, and without interference or hindrance. 1. Lessor shall be obligated to maintain and keep in repair the laming area of the airport and all publicly owned facilities of the airport, together with the right to direct and control all activities of Lessee in this regard. 3. During time of war or national emergency, Lessor shall have the right to lease the landing atea or any part thereof to the United Statee Government for military or naval use, and, if such lease is executed, the, provisions of this instrument insofar as they are inconsistent with the provisions of the lease to the Government, shall be suspended. 4. Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the airport ag•inst obstruction, together with the right to prevent Lessee from erecting, or permitting to be erected, any building or other structure on e)r adjacent to the airport which, in the opinion of the Lessor, would limit the usefulness or safety of the airport or constitute a hasard to aircraft or to aircraft navigation. S. This Lease shall be subordinate to the provisions of any existing or future agreement between Lessor and the United States or agency thereof, relative to thi operation At maintenance of the Airport. It. LEASED PRIES Lessor, for and in considerations of the covenants and agree- ments herein contained, to be kept by Lessee, does hereby d4aLs• PACE 3 .F r 3> 4) E r '_t: i M ;1vt d E t e L 11 , y M f . ..1, MV I s lt7 a f 4t„ •a r 1 ~i ti r YI and lease unto Leasee, and Leased does hereby hire and take from Lessor, the following described land situated in Denton County, Texas: A. LAND: A tract of land, being approximately 180,640 square feet, or 4.141 acres, drawn and outlined on Attachment As incorporated herein by reference, having the following metes and bounds, SCE ATTACHMENTS 8, C and D incorporated herein by reference. Together with the right of iagra s and egress to said pro- perty; and the right, in common with others so authorized, oil passage upon the Airport property generslly, subject to reasonable regulations by the City of Denton; and such rights shall extend to Lessee's employees, passangers, patrons and invitees. For the purposes of this Agreament, the term "Premises" shall mean all property located within the mates and bounds described above including lassehold improvements constructed by the Lessee, but not including certain easements or property owned and/or con- trolled by the Lessor. The leased premises have been divided into three (3) tracts: Tracts 1 and 2A being designated as Phase to consisting of 95,660 aqua a feet or 2.196 acres, and Tract 28 being designated as Phase It and consisting of 84,980 square feet or 1.95 acres, all as more specifically described in Attachments A, Bs C and D, incorporated herein by reference. 8. IMPROVEMENTS PROVIDED SY LESSOR; NONE: There will be no improvements provided by Lessor, except as ■et forth in Article II D "Access to Utilities" below. For the purpose of this ,xgreamsnt, the term "Lessor improve- ments" shall mean those tt!tnge on the leased promises belonging to, ;.onstructed by, or to be constructed by the Lessor, which enhances or increases, or will enhance or increase, the value or quality of the leased land or property, Unless otherwise noted herein, ht l Lessor iaprovements are and will cooaain the property of the Lessor, All Lessor improvesents suit be described in detail abovem ok above PAGE' 4 Ci b' i M sx f~. ."2 .h ®T d S b P-~ f { P~✓ v Ty TT . referenced and sttact,ed to this agreement in an exhibit approved by the Lessor. C. EASEMENTS Lessor and Lessee by mutual agreement may establish on the Leased premises eAsements for public access on roads and taxiways. D. ACCESS TO UTILITIES Lessor represents that there are water, and 3-phase elec- tricity lines within three hundred feet (30C') of the leasad premises available to "tap-in" by Lessee, and that the &&a* are sufficient for usual and customary service on the leased premises. . III. TEEM The term of this Agreement shall be for a period of twenty-five (25) years, commencing on the let day of May, 1985, ■nd continuing through the 30th day of April, 2010, unless earlier terminated under the provisions of the Agreement. Lessee shall have the first right of refusal to renegotiate this lease for three (3) additional five year periods at rentals and terms mutually agreed upon by the Lessor and Lessee vitnout regard for or considering the then cost of living index. Lessee's election to renegotiate this Lease shall be in writing addressed to the City Manager at least one hundred eighty (180) days before the expiration of the primary term of twenty-five (25) years and at least 180 days before the expiration of each additional renegotiated period. The rental and terms to be negotiated shall be reasonable and consistent with the then value, rentals and terms of similar property on the Airport. Lessee's first right of refusal to renegotiate this lease shall expire upon the end of the last day of the primary term of twenty-five (25) years and the last day of each additional renegotiated period. IV. PAYMENTS. RENTALS AND FEES Lessee convsnants and agrees to pay to Lessor, as consider- ation for this lasso, the following payments, rentals and feels A. LAND RENTU, Prior to the approval of Lessee's plans and specifications PADS 5 e, { TT7-7 w vF d r p' i iya y 'v,i! i@ YI { .r r n,p for the tniLial leaashold improvements on Phase I of the leased premises ("initial Phase I improvements"); either, as submitted or with revisions, in accordance with the provisions of Article VIII A(l) "Initial Plans" hareof, rental shall be due in monthly install- ments in the sum of One Hundred Dollars (:100.00) in advance on the first day of each month until Phase I plans are approved. Upon the approval of plant for initial Phase I improvements, rent shall im- mediately begin to accrue at the higher rate specified below. Rent at the higher rate shall be prorated based upon the number of days remaining in the month in which plans were approved. Such prorated rental shall be due within ten (10) days of the approval of plans. Prorated rental shall be in addition to the One Hundred Dollars ($100.00) monthly rental previously paid for that month. After approval of the plant for Lessee's initial Phase I iaprovements, but before approval of the plans for initial Phase II improvements, rental shall be due and payable in the sum of Six Thousand Six Hundred Ninety-Six and 20/100 Dollars ($6,696.20) per year, payable in twelve (12) equal monthly installments in the sum of Five Hundred Fifty-Eight and 02/100 Dollars (:538.02), in advance, on or before the first day of each and every month until such time as plans for Phase II are approved. Upon approval of the plans for initial Phase It improvements, additional rental shall be due and payable in the sum of Five Thousand Nine Hundred Forty-Eight and 60/100 Dollars ($5,948.60) per year, payable in twelve (12) equal monthly installments to the sum of Four Hundred Ninety-five and 72/100 Dollars ($495.72), for a total annual payment of helve Thousand Six Hundred Forty-four and 80/100 Dollars ($12,644.80) pay- able in twelve (12) equal aonttily installments of One Thousand fifty-three and 74/100 Dollars ($1,053.74). Notwithstanding the foragotng, the Lease rental is to be reduced by the product of seven cents ($47) per square foot time the number of square feat com- prising all ae aments established in 'accordance with Article ti(c). PAGE 6 B. LESSOR IMPROVEMENTS RENTALS NONE: There are no Lessor improvemen,A on the leased premises. C. PAYMENT, PENALTf, ADJUSTMENTS: All payments due Lessor from Lessee shall be delivered to the Airport Manager, unless otherwise designated in writing by the Lessor. Payments which are more than 15 days past due shall be assessed a penalty of one-half (1/2) of one percent per day, ccapounded daily, for each day or fraction thereof which the payment or fee is more than 15 days past due. The yearly rental for land and improvements herein leased shall be readjusted at the enel of each five (5) year period during the term of this lease on the basis of the proportion that the then current United States Consumer Price Index, All Urban Consumer (CPI-U) for Dallas/Fort Worth, Taxes, as compiled by the U.S. Department of Labor, Bureau of Labor Statistics bears to the March, 1983 index which was (1967 ■ 100). The original land rental amount (after approval of Phase It improvement plans) is based upon seven cents (;.07) per square foot for the land herein leased. However, in no event shall any of three adjustment increases or decreases exc%ed fifty percent (SO%) of the original rental, in the case of the first adjustment, or the previous edjustaant, in the case of subsequent adjustments, each time. These four (4) rental adjustments, if any, shall occur on the following dates: May 1, 1990 May 1, 2000 May 1, 1995 May 1, 2005 V, RIGHTS AND OBLIGATIONS OF LESSEE A. USE Or LEASED PREMISES Lessee is `ranted the non-exclusive privLlege to engage in or provide the follovingi PAGE 7 A) t ra n ~ n~w $ r Y1k i•,'. ~ ~ 7 1 .u'. J r h t r I, i 1 t 1. Hangar Leases and Rental. The rgntai or lease of hangars and hangar space en re atad facilities upon the leased premises. 2. 6Efice S ace Lease or Rental. The rental or lease of o ee space n or e o n ng essee's hangars. 3. Aircraft -Store and Tit Down. ro provide parking, storage an tie own serv-ice, for both Lessee's and itinerant aircraft upon or within the leased premises. Lessee, his tenants and sublessees shall not be authorized to conduct any services not specifically listed in this agree- ment. The use of the lease promises of Losses, his tenants or sublessees shall be limited to only those private, commercial, retail or industrial activities having to do with or related to airports and aviation. No person, business or corporation may operate a commercial, retail or industrial business upon the pre- mises of Lessee or upon the Airport without a lease or license from Lessor authorizing such commercial, retail or industrial activity. The Lessor shall not unreasonaKy withhold authorization to conduct aeronautical or related services. B. STANDARDS Lessee shall meet or exceed the following standards: 1. Address. Lessee shall file with the Airport Manager and keep current its mailing address, telephone number(s) and contacts where he can be resched in an emergency, 2. List. Lessee shall file with the Airport Nanser and c p" current a list of its tenants and sublessees s. 3. Conduct. Lessee shall contractually require its abid* by the terse sofa (and agreements r Lessee iovitees) hall promptly enforce its contractual rights in the event of a default of such covenants. 4. tlcilitier Taxer and roes. Lessee shall most all expelsos an payments a co neetton with uha use of the Praises and the rights and privileges herein granted, including the tiaely pa ant of utilities, taxes, permit fees, licensa fees and asressmeatr lawfully levied or assessed. S. Lave. Lessee shall comply with all current and future Fediral, state and local laws, rules and regulations which may apply to the r aduct of business contemplated, including rules, regulations abd ordinacese promulgated by Urger, abd Lessee shall keep to offset and poet in a prominent place all necessary and/or required licenser or permits. PACE g 4 1{} S. P. dv < \ 4, i Sr i "I'D, w i . b. tt:Latenancs of Pro ert . Lessee shall be responsible for the mr ntenance, repair and upkeep of all pro erty buildings, structures and imprbvemsnts, including the mowing or elimination of grass and other vegetation on the Premises, and shall keep said Premises neat, clean and in respectable condition, free from any objectionable matter or thing. 7. Unauthorized use of remises. Losses may not use any of t • ease an or pram see for the operation of a motel, hotel, restaurant, private club or lar apartment house, or for industrial, commercial or retail purposes, except as authorized herein. 8. Dwellings. It is expressl# understood and agreed that no permanent dwelling or domicile may be built, moved to or established on or within the leased premises not may the leases, his tenants, invitsea, or guests be permitted to reside or remain as•a resident on or within the leased premises or other airport premises. 9. Quit Possession. Lessee shall quit possession of all promises. T•asi'a herein at the and of the primary term of this lease or any renewal or extension thereof and deliver up the premises to Lessor in as good condition as existed when possession was taken by Losses, reason- able wear and tear excepted. 10. Hold Harmless. Lessee shall indemnify and hold harmless the sssor from and against all loss and damages, including death, personal injury, loss of property or other damages, arising or resulting from the operation of Leasesi's. business in and upon the leased pr miser. 11. Chemicals. Lessee agrees to properly store, collect and ap3f'-oil of all chemicals and chemical residues; to properly store, confine, collect and dispose of all paint, including paint spray to the atmosphere, and paint products; and to comply with all Local, State and Federal regulations governing the storage, handling or disposal of such chemicals and paints. D. SIGNS I During the term of this Agreement, Lessee shall have the right, at its own expense, to place in or on the lease Premises signs identifying lessee. Said signs shall be of a size, shape and design, and at a location or locations, approved by the Lessor and in conformance with any overall directional graphics or sign program established by Lessor on the Airport. Lessor's approval shall not be withheld unreasonably. Said signs shall be maintained in good repair throughout the term of this agreemente Notwith- standing any other provision of this agreement, said signs shall remain the 'ptopdrty of Lessee. Loseee shall romovi, at its PAG9 9 i v .y t^ ld ~ y",a a Ni:' t S,t f: x p r w a,:T i r ~ t t.~ c ~ ,n1 t • _ . expense, all lettering, signs and placards to erected on the premises at the expiration of the term'. of this Agreement or extensions thereof. VI. COVENANTS BY LESSOR Lessor hereby agrees as follows: A. Peaceful Enjoyment. That on payment of rent, fees, and performance of the covenants and agreements on the pert of Lessee to be performed hereunder, Lessee shall peaceably hold and enjoy the leased premises and all rights and privileges herein granted; B. Compliance. Lcosor warrants and represents that in the establishment, construction and operation of said Denton Municipal Airport, that Lessor has heretofore and at this time is complying with all existing rules, regulations, and criteria distributed by the Federal Aviation Administration, or any other governmental authority relating to and including, but not limitod to, noise abatement, air rights and easements over adjoining and contiguous areas, over-flight in landing or takeoff, to the end that Lessee will not be legally liable for any action of trespass or similar cause of action by virtue of any aerial operations over adjoining property in the course of normal takeoff and landing procedures fros said Denton Municipal Airport; Lessor further warrants and represents that at all times during the term hereof, or any renswrl or extension of same, that it will continue to comply with the foregoing. VII. SPECIAL CONDITIONS It is expressly understood and agreed by and between Lessor and Lessee that this lease agreement is subject to the following special terms and conditioner A. Runways and Taxiways. That because of the present sixty thousand (60,000) pound continuous use weight bearing capacity of the runway and taxiways of the Airport, Leases herein agrees to limit all aeronautical activity including landing, take-off and PAGE l0 taxiing, to aircraft having an actual weight, including the weight of its fuel, of sixty thousand (60,000) pounds or lesa, until such time that the runway and designated taxiways on the Airport have been improved to handle aircraft of such excessive weights. It is further agreed that, based on qualified engineering studies, the weight restrictions and provisions of this clause may be adjusted, I up or down, and that the Lessee agrees to abide by any such changes or revisions as such studies may dictate. "Aeronautical Activity" referred to in this clause shall include that activity of the Lessee or its agents or subcontractors, and its customers and iavitsou, but shall not include those activities over which it has no solicitory part or control, such as an unsolicited or unsch.-tduled or emergency landing. A pattern of negligent dis- regard of the provisions of this section shall be sufficient to cause the immediate termination of this entire Agreement and subject the Lessee to be liable for any damages to the Airport that m!^,ht result. VIII. LEASEHOLD IMPROVEMENTS A. REQUIRED IMPROVEMENTS: As part of tits consideration for th+ privilege herein granted, Lessee is required to and hereby agrees to construct or otherwise make improvements to the premises, as specified herein, but not limiteo to, the folloving: 1. Three aircraft hangars not less than SO X 60 feet in sire ("initial Phase I improvements"). 1. Related aircraft ramps and taxiways. 3. Related vehicle roadways (gravel). Lessee shall provide Lessor with tentative plena for the development of the entire premises herein leased together with a tentative time table or schedule for said development. Should said development not occur within the specific time limits mutually agreed upon by and bntwoon Lessor and Lessee, Lessor shall have to option to cancel the !eats on all non-developed BAGEL 11 i 7 portions of said lease after a thirty (30) day written notice to Lessee to cure such a default. 1. Initial Plans. Lessee agrees that it shall, within ninety (90) calendar days from the date of this Agreement, submit to the Lessor, for approval, detailed plans and specifications for the above listed initial Phase I proposed lessehold improvements. Lessor agrees that 1c shall either approve the plant and specifica- tions as submitted, or transmit proposed revisions to Lessee, vithin forty-five (45) calendar days of receipt of the plans and specifi- cations from Lessee. In the event that Lessor requires revisions of the original plans and specifications, Lessee shall have forty. five (45) calendar days from the date of receipt of the proposed revisions to resubmit the plans and specifications or Lessor's approval. Such approval stall not be vithheld unreasonably. Con- struction shall commence within one hundred-eighty (180) calendar days of Lessee's receipt of Lessor's final approval of the plane and specifications, and shall be scheduled for completion not later than three hundred-sixty (360) calendar days after commencement of construction. 2. Phase It Plans. Lessee agrees that it shall, within three hundred-sixty (360) calendar days from the date of this Agreement, submit to the Lessor, for approval, detailed plane and specifica- tions for the initial Phase It proposed leasehold improvemen:s. Lessor agrees that It shall either approve the plans and specific- tions as submitted, or transmit proposed revisions to Lessee, vithin forty-five (45) calendar days of receipt of the plans and specifi- cations from Lessee. In the avant that Lessor requires revisions of the original plans and specifications, Lessee shall have forty fivs (45) calendar days from the date of receipt of the proposed revisions to resubmit the plans and specifications for Lessor's approval. Such approval shall not be vithheld unreasonably. Con- itruction shall commence within ninety (90) calendar days of PAGE 12 4 ,f., 4 ' r s° ` °,t • y F, as n w~ ° Yar [ :t l.:.j °s i.r!.i Ar r * d h M,rp ++r 1,..r : r. y'~ r+ Aa r~ t v r' •i~ ra v.. i✓+f'~ f i n ye r Lessee's receipt of Lessor's final approval of the plans and speci- fications, and shall be scheduled for completion not later than three hundred-sixty (360) calendar days after commencement of construction. 8. ADDITIONAL REQUIREMENTS: Wore commencing the construction of any improvements upon the premises, Lessee shall submit: 1. Documentation, specifications, or design work, to be approved by the Lessor which snall establish that the improvements to be built or constructed upon the lease premises are in conformance with the overall Sinai shape, color, quality and design, in appearance and structural of the program established by the Lessor on the Airport. 2. All plans and specifications showing the location upon the premises of the proposed construction; 3. The estimated cost of such construction. No construction may commence until Lessor, acting by its City Council, has approved the plans and specifications and the location of the improvements, the estimated costs of such construction, and the agreed estimated life of the building or structure. Approval by the City Council shall not be unreasonably withheld; should the Council fail to deny Lessee's plans and specifications within sixty (60) days of submission thereof to the Council, such plant and specifications shall be deemed approved. Documentary evidence of the actual cost of construction on public areas only (such as taxi- ways) shall be delivered by Lessee to Lessor's City Manager from time to time as such costs are paid by Lessee, and Lessor's City Manager is hereby authorized to endorse upon a copy of this lease filed with the City Secretary of Lessor such actual amounts as he shall have found to have been paid by Lassie, and the findings of the City Manager when endorsed by him upon said contract shall be conclusive upon all parties for all purposes of this agreement. C. ADDITIONAL CONSTRUCTION OR IMPROVEMENTS= Lessee is hereby authorized to construct upon the land herein leased, at its owe cost and expense, buildings, hangars, PACE 13 r r w 7111a .V4 e and structures, that Lessor and Lessee mutually agree are neces. Mary for use in connection with the operations authorised by this lease, provided however, before commencing the construction of any improvements upon the premises. Losses shall submit plans and specifications as specified in.Article VII (B) above. D. ONNERSHIP OF IMPROVEMENTS: All buildings and improvements constructed upon the premises by Lessee shall remain the property of Lessee unless said property becomes the property of Lessor under the followitg conditions, coma and provisions: 1. Removal of Buildin a, No building or permanent fixture may Pe remove rem the premises. 2. Assumption. All buildings and improvements of whatever nature remaining upon the leased premises at the end of the primary term, or any extension thereof, of this lease shall automatically become the property of Lessor absolutely in fee without any coat to Lessor. 3. Building Life. It is agreed that the life of the 6uiIdin to a constructed by Lessee on the property hereii• leased is twenty-five (23) years. 4. Cancellation. Should this lease be cancelled for any reason To ore the and of the twenty-five (23) year term, it is especially understood and agread that Lessor reserves the right to purchase all buildings, structures and improvements then existing upon the ppremises by tenderingg to Lessee one-twenty-fifth (l/2S) of the undoproe ated value of such building for each year remainingg on the agreed life of such building. The undo roe ated value of all improvements is to be determined by having such improvements appraised by three appraisers, one appointed by Lessor, one appointed by Lessee and one appointed by the two appraisers. IX. SQBROGATION OP MORTGAGEE Any person, corporation or institution that lends money to Lessee for construction of any hangar, structure, building or improvement and retains a security interest in said hangar, structure, building or improwaeot shall, upon default of Lassos' obligations to said mortgagee, have the right to enter upon said leased promises and operate or manage said hangar, structure, buildin` or improvemeot according to the terse of this Agreesant, for a period cot to exceed the tern of the mortgage with taBsee, PACE 14 A>'f±V 1 11 i~. Y AYF ~s l ~ ABy. s~f ".V,J~ AA AA ~ s{E i rt .s or until the loan is paid in full, whichever comes first, but in no event longer than the term of this 'lease. It is expressly understood and agreed that the right of the mortgagee referred to herein is 1".ited and restricted to those improvements constructed with hinds borrowed from mortgagee. X. RIGHT OF EASEMENT Lessor shall have the right to establish easements, at no cost to Lessee, upon the leased ground space for the purpose of pro- viding underground utility services to, frog or across the airport property or for the construction of public facilities on the Airport. However, any such easements shall not interfere with Lessee's use of the leased premises and Lessor shell restore the property to its original condition upon the installation of any utility services on, in, over or under any such easement or the conclusion of such construction. Construction in or at the easement shall be completed within a reasonable time. XI. ASSIGNMENT OF LEASE Lessee expressly covenants that it will not assign this lease, convey more than ten percent (10x) of the interest in its business, through the sale of stock or otherwise, transfer, license, nor sublet the whole or any part of the said premises for any purpose, except for rental of hangar space or tie-down space, without the written consent of Lessor. Lessor agrees that it will not unreasonably withhold its approval of such sale, sublease, transfer, license, or assignment of the facilities for airport related purposeal provided however, that no such assignment, sublease, transfer, license, sale or otherwise shall be approved if the rental, fees or payments, rceoLvod or charged are in excess of the rental or feet paid by Leases to Lessor under the terms of this lease, for such portion of the premises proposed to be assigned, subleased, tranefersd, licensed, or otherwise. The pro- visions of this lease shall remain binding upon the assignees, if any, of Lessee. pAot 1S e . XII. INSURANCE A. Required Insurance. Lessee shall maintain continuously in effect at all times during the term of this agreement, at lessee's expense, the following insurance coverages; 1. Comprehensive General Liability covering the leased premises, the Lessee or its company, its personnel and its operations on the airport. 2. Aircraft Liability to cover all flight operations of lessee. 3. Liability coverage for errors and ommiisions on the part of the Lessee or its officials. 4. Fire and extended coverage for replacement value for all facilities used by the Lessee either as a part of this agreement or erected by the lessee subsequent :o this agreement. S. Liability insurance limits shall be in the following minimum amounts: Personal injury: $500,000 par person/ 1,000,000 per occurrence Property damage: 2 000 000 per occurrence. 6. All policies shall same the City of Denton as an additional named insured and provide for a minimum of thirty (30) days written notice to the City prior to the effective date of any cancellation or lapse of such policies. 7. All policies must be approved by the Lessor. S. The Lessor shall be provided with a copy of all such policies. XIII. CANCELLATION BY LESSOR In the event that Leaser shall file a voluntary petition in bankruptcy or proceedings in bankruptcy shall be instituted agaiest it and Lessee thereafter is adjudicated bankrupt pursuant to such proceedings, or any court shall take jurisdiction of Lessee and its assets pursuant to proceedings brought under the provisions of any federal reorganization act, or Lessee shall be divested of its estate herein by other operation of law; or Lessee shall fail to perform, keep and observe any of the terns, covenants, or conditions herein eontainedi or on its part to be performed, the Lessor way give Lassos written notice to correct such condition or cure such default and, if any condition or PACE 16 3- 9 default shall continue for thirty (30) days after the receipt of such notice by Lessees then Lessor may, terminate this Lease by a written notice to Lessee. In the event of default. Lessor has the right to purchase any or all structures on the leased premises under the provisions of Section VIII Paragraph D (Cancellation) hereof. XIV. CANCELLATION BY LESSEE Lessee may cancel this Agreement, in whole or part, and terminate all or any of its obligations hereunder at any time, by thirty (30) days written notice, upon or after the happening of any one of the following events: (1) issuance by any court of competent jurisdiction of a permanent injunction in any way preventing or restraining the use of said airport or any part thereof for airport purposes; (2) the breach by Lessor of any of the covenants or agreements contained herein and the failure of Lessor to remedy such breach for a period of ninety (90) days after receipt of a written notice of the existence of such breach; (3) the inability of lasses to use said premises and facilities continuing for a longer period than ninety (90) days due to any law or any order, rule or regulation of any appropriate governmental authority having jurisdiction over the operations of Lessor or due to war, earthquake or other casualty; or (4) the assumption or recapture by the United States Government or any authorized agency thereof the maintenance and operation of said airport ano facilities or any substantial part or parts thereof. Upon the happening of any of the four events listed in the preceding paragraph, such that the leased promises cannot be used for aviation purposes, then Lessee may cancel this lease as aforesaid, or may elect to continue this lease under its terms except however that the use of the leased premises shall not be limited to aviation purposes, their use being only limited by such laws and ordinances as may be applicable at that time. PACE 17 i 7SC u~ ~.r ~r "R v s r kn^It 1.r_K' R 7Y t'a.a 7775% 77 r itr I i XV. MISCELLANEOUS PROVISIONS A. Entire Agreement. This Agreement 'constitutes the entire understanding between the parties and as of its effective date eupersedet all prior or independent Agreements between the parties covering the subject matter hereof. Any change or modification hereof shall be in writing signed by both parties. B. Binding Effect. All the covenants, stipulations and agreements herein shall extend to, bind and inure to the benefit of the legal representatives, successors and assigns of the respective parties hereto. C. Severability. If a provision hereof shall be finally declared void or C legal by any court or administrative agency having jurisdiction, the entire Agreement shall not be void; but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. D. Notice. Any notice given by one party to the other in connection with this Agreement shall be in writing and shall be sent by registered mail, return receipt requested, with postage and registration feet pro.paid: 1. If to Lessor, addressed to: City Manager City of Denton Denton, Texas 76201 2. If to Lessee, addressed to; Mr. Jay D. Rodgers Mr. Bruce Brown Rt. 3, Box 600 Rt. 3 Roanoke, Texas 76262 Roanoke, Texas 16262 Notices shall be deemed to haw been received on the date of receipt as shown on the return receipt. 9, Heedinas. The headings used in this Agreemant are intended for convenience of reference only and do not define or limit the scope or meaning of any provision of this Agreement. P. Covernina Law. This Agreeman is to be construed in accordance with the lave of the State of Taxes. PACE 16 VM14x y e7e?w M1 X ~'~~9Fµ ` ~vk? r z _ ~s kr.k } , IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. CITY OF DENTON, TEXAS, LESSOR BY: RICHARD 0. , ATTEST: 1 CHARLOTTE ALLEN CITY SECRETARY CITY OF DENTON,oTEXAS APPROVED AS TO LEGAL FORDS: DEBRA ADAM DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: JAY D. RUDGERS9 ESS TB • THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on the day of , 1985 by Jay R. Rodgers. My Commission expires: THt STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before to on the day of , 1985 by Bruce Brown. NVMT My Co" ission expiressi STATE ' PACE 19 y A ~ d f i i+ y~.• ~ % 1 F 1C ~J p r "i '~71 L ~6.`~, h ' ~y r +y k ns. n e ~ tArHllgvr``A, TO clit'0 bE.IiOx A1APORT tLA31 *ITV JAY AODCAM 440 IAM shown sucb°tt0 leee. GAST 230.0' i t7s o, 75.0 0 C a Y i. Tr. S ail 0 IA(oS As, y+ a . Q SQYSQ SS Ft N . t y A • 100' +7S. p7r. 2 S ♦ W 8ST 1.951 Ae- J~ I ~ 84 oeo eti F► o 3 So 0 Tr. Z A „ cl O f N 2 Y 0 1.0'11 Ac. 4 4 44.910 sl h Q G ~i Z Z,~e.6 .0z . S 0 r eo '.a 9. 1 tr ISO' i 6 /r 4 1 qX L ►1if 11 11. IIrr1111 r/t else%$$/Ill fouls/ it I }4 1tr/1. fS•~1 I[t ATTACN[0 MCC AND IOUNDS 01SCAIP1tog. 11.1114A to, c011411, R.r t. R., 1001 SURVEY SKETCH SHOWING Ri11 TWO LEASE TRACTS DENTON AIRPARK r.",.«.t+1111rr DENTON COUNTY, TEXAS L e1A 111t 1 I09 ' 1 11. 141 ,.w rRItR 10QI IRalf7M tt r.0 6 001 of COL tMAN 11 A1$OCIATtS ~tr,tlt.1~11t:e• SURVtrINa r. o. eox ' t1 OtNTON, TtxAS te202 uia~e: bb4~b el~• ses•e:1e .q f t 4i r rr' 'l ~~e47 o r~ ? i s.Pi z 99 n ~1~ ' ri ,e~i 117 r: LEASE TRACT I All that Certain tract-or parcel of land situated in Denton County, Texas and being a part.of the Denton Airport more particularly described as followsi COMMENCING At an iron rod set at a turn in%& gravel road and being North 37 Degrees 08 Minutes 00 Seconds west a distance of 1940,8 feet from a fence corner in the South line-of F.M. ISIS at the recognised Northwest Corner of the tract described in the Deed to P.F. green recorded in volume 127 page 183 of the Deed Records of Denton County,Texasl the said icon rod being 750 feet from, measured perpendicular to, the centerline of the main runusys THENCs North 130 feet from and Parallel with the said centerline, a distance of 280.0 feet to the PLACE OF SEGINNING and being the Snnthvest Corner of the herein described tracts THENCE North continuing 750 feet from and parallel with the said centerline a distance of 290 feet to ■n iron rod set for the North- west Corner of the herein described tracts THENCE East a distance of 175.0 feet to a Point for the Northeast Corner of the herein described tracts i THENCE South 925 feet from and parallel with the centerline of the said runway a distance of 290.0 feet to a point for the Southeast Cotner of the herein described tracts THENCE West a distance of 175.0 feet to the PLACE OF gf02NNING and enclosing 1.165 acres (50030 eouare feet) of land. These Field Notes, with accompanying sketch, were prepared tram a survey made on the ground under my direction and supervision, William Y. Coleman A.P.S. No. 4001 Date ATTACHMM "I" TO CITY Of DENTON AIRPORT LEASE PITH JAY Ds RODGERS ANG"SRm bKOYN, EXECUTED ON 1985 ~l. r r t LEASE TRACT 2 A All that certain tract or parcel of land situated in Denton County, Texas and teinj a Part of the Denton Atroort more Derttculsrly described as followst It02NNING for the Southwest Corner of the tract being described herein, at an iron rod set at ■ turn in a gravel road and being North 37 Degrees 08 minutes OoSeconds west a dtstance of 1900.9 feet from a fence corner in the South lira of F.N. 1515 at the raeoanteed Northwest Corner of the tract described in the Deed from P.F. Breen recorded in volume 127 Page 18) o' the Deed Records of Dento.t Countv, Texas, the laid iron rod b^ing 750 feat from, measured Perpendicular tD,ths eenterline of the -acn run'dayt THENCE North 750 feat from am parallel with the said cantarltne a distance of 280.0 feet to a Dotnt for the Northwest Corner of thi herein described teach THENCE Fast a distance of 175.0 feet to a point lot the Northeast Corner of the herein described tracts THENCE South 923 feet from and parallel with the centerline of said runway a distance of 233.25 feet to a point for the Southwast Corner of the herein described tract and being in the Hest ling of the said road 23 last Northerly from the occupied centarline thersoft THENCE South 73 Degrees 02 Ninutas 30 Seconds hart with the blest tine of the said road a distance of 101.14 feat to the PLACE OF SEGINNTNu and enclosing 1.031 acres ( 440910 square feet ) of land. These Field Notes, with accompanying sketch, were pre.oared from a survey made on the ground under my direction and supervision, Wm, N. Coleman R.P.S. No. 4001 Date ATTACMENT "C" TO CITY Of DENTON AIRPORT i.EASE VITH JAY D, RODGERS AND DRUCC BROWN, EXECUTED 014 , 19RS. ' IM ~ r . I CASE TRACT 2 n All that certain tract or parcel of land sitauted In Denton County, Texas and bclnp, part of the Menton Airport 1-.ore part+rularly described ag follo+:j: CMMNCING at an Iron rod set at a turn in a pravol road and betna \erth 77 Decrees 08 Minutes 00 Seconds West a distance 1940.8 feat from a fence corner In the Sonth line of F.N. 1515 at the rec ,~tsad Northwest Corner of the tract described in the Dead to P.F. Breen receruad in volume III p.tCo 18J of tht Deed Records of Denton County,Tox u ; the said iron rod being 75,3 feet from, measured perpendicular to, the centerline of the main runway; THENCE North 75 Degrees 02 Minutes 30 Seconds East with the Rost line of t'c tai: road a distance of 181.14 foot to the PLACE OF BEGINNING and betnR the South: Corner of the herein doscribed tract: THENCE North 925 fact from and parallal with the runway centerline a distance of 523.23 feat to an Iron rod set for the Northwest Corner of the heroin desert%li tract; THENCE East a distanea or 75.0 tact to nm iron rod sot for the Northeast Corner of the heroin described tract: THENCE South 22 Doettes 09 Minutes East a distance of 490.0 feet to an iron cod set for the Southeast Corner of the heroin described tract, in the host tiny of the said $rival road, 25 fact Northerly from the occupied centerltne thereof: THENCE South 75 Degraes 02 minutes 30 Saconds Rost idth the Rest line of the saii road a distance of 268.gs feet to the PLACE OF BEGINNING and enclosing 1.931 aer-~s ( $4,980 square foot ) of land. These Field Notes, with accompanying sketch, were prepared from a survey "ado an the around under /~my direction and supervision. .t tiara 11. Coleman,R.P.S. No. 4001 Date 6"«o.,.....,.. WM. COU 414 4MI .#6 e a~/ t ATTACHNINT "D" TO CITY OF DENTON AIRPORT LEASE WITH JAY D. RODOERS AND 11M 8ROWVo EXECUTED ON , 1983. 1 ire ' CITYof DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8200 M E M O R A N D U M DATE: March 22, 1985 TO: MAYOR and MEMBERS OF THE CITY COUNCIL F1tOM: Jerry Clark, City Engineer The Korth Texas Council of Governments Standard Specifications and attachments are available for review in the City Managers office in the conference room. Included are: 1) NTCOG Standard Specification Book L) Required additions and specifics needed to adapt to the City of Denton at this time Jer Cit En C1 r , P.E. er is #0281E ~13r.,~,-.-3'_ f C t ti' r. u a a Yc`Y r r ;vn a Y CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8200 M E M O R A N D U M DATE: January 16, 1965 TO: David Ellison FROM: Jerry Clark RE: Adoption of TC00 Standard Specifications Please place adoption of the above specifications on the Development Review Committee Agenda for January 29, 1985. These specifications have been adopted by a large number of cities in the metroplex including Dallas, Ft. Worth and Lewisville (in our area). Please send this notice to local, engineers so they may attend this session if they desire. Once adoption has been achieved a two (2) month training and transition eriod will be provided for. Any projects started (engineered in the transition period will have to meet the new specifications. Any projects engineered before; the adoption date would follow the old specification. 0272E tit tvvr 4;' ~'j Mttt''~ Uwe 1 ~ I~,g 'F w n qy 4A' _ y 1A -1, e , i !Y ; e % Ii R F, S O L U T I O N WHEREAS, the City Coundil has determined that it would be advisable and be in the best interest of the City of Denton to adopt specificatiens for public works projects consistent with specifications used by other North Central Texas cities; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the Standard Specifications for Public Works Construction North Central exas a an they are hereby adopted as t e spec cations or use n connection with future public works, water utility, and private development projects for the City of Denton, Texas. SECTION It. That the Paving, Drainage, Water and Sewer Specifications presently in effect and used by the Department of Public Works remain in effect for all public works projects advertised, bid upon or under contract prior to the effective date of this :esolution until final acceptance by the City. SECTION III. That the Paving, Drainage, Water and Sewer Specifications presently in effect and used by the Department of Public Works be rescinded upon the final acceptance of all _projects advertised, bid upon, or under contract prior to the efctive date of this resolution. SECTION IV. That as official addendums to the Standard Specifications for Public Works Construction North Centro exas are pu s e , t ey are automat ca y a opts as s en ums to the Specifications for use in cennection with future public works, water utility, and private development projects for the City of Denton. SECTION V. That as future editions of the Standard R AS for Public Works Construction North Centro exas are pu r e , t e moat recent a on WLL& hereby be adopted as the Specifications for use in connection with future public works, water utility, and private development projectr for the City of Denton. SECTION VI. That as future editions of the Standard Cpacifications for Public Works Construction North Cantr4i --r TO X46 are pu s e , Me M un o Me, me cat one n e act at a time that the next edition is published be in effect for all public w,4rks, water utility, and private development projects advertised, bid upon, or under contract prior to the effective date of the next edition and remain in effect for these projects rnttl their Mai acceptance by the City. SECTION VII. That as future editions of the Standard Specifications for Public Yorks Construction North Centre eaas are pu s e , the eJ ono t e pet cat one n effect at t hi time that the next edition is published be rescinded upon the final acceptance of all public works, water utilit•- and private development projects advertised, bid upon or unier -contract prior to the effective date of the next edition of the Specifications. SECTION VIII That the effective date of addendums and the second and all other future editions of the Standard s ecificationa for Public Yorks Construction North Centa exa be set for-"-" :Free months rom t o ay a the y rece ves official notification about the existence of the addendum or the newest edition to be published. SECTION IX. That the City Secretary, the City Engineer and the Director of Public Yorks be and they are hereby directed to place a conformed copy of the specifications hereby adopted or any future addendma of, or editions to, the specifications that will be hereby adopted in their permanent files for public inspection. SECTION X. That this ordinance shall become effective iaa ediately upon its passage and approval. PASSED AND APPROVED this the day of , 1485. MRARD U. STEWART-9-TRTM CITY OF DENTON, TEXAS ATTEST: CKARLOT72 ALLEN CITY SECKETUT CITY OF DENTON,oTEXAS APPROVED AS TO LEGAL FOMI: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OF DENTON, TEXAS SY. PACE 2 , 64646 r co+n+a~ o~ ` R O.Orewv COG Arlir4"n, Toxes 76oo6-6x89 • January 17, 1985 Mr. Jerry Clark City Engineer City of Denton 215 East McKinney Denton, TX 76201 Dear Jerry: Thank you for contacting me regarding the Standard Specifications for Public Works Construction - North Central Texas. nc os please n e o ow ng ma era we discussed over e telephone, pink - Model Adoption Resolution blue - The 1984 Amendments (Note: These changes have been approved but will not come into effect until amendment packages are available from our publisher, we expect the page changes will be available in early February. tan - Adoption Status 19800 Amendment Schedule cream - Current Public Works Advisory Committee membership white - Copies of two local Special Provisions Please feel free to contact me if 1 can be of further assistance. Sincerely, e, Marc 1E l iott Environmental Planner, ME:jf d Attachment f~ 1 i . CsM*n Mi TWO 818 81x Flee OrW Ot11W &t WWh MOO817/481.3,700 ON A*Hw~ffl" CITY OT DENT M S M 0 R A N D U M rarrrrr rrrrr+rrr.rrrr~rr rrra~rrrrrrarrr arrrrr arrrrrrrararr arrr rrrrr rr~rr TO: Jerry Clark, City Engineer FROM C. David Ham, Asat. Director of Utilities water/wastewater DATES January 280 1985 RE: COG's 'Standard Specifications for Public Works Constructions' This is to inform you of this division's consent to follow the guidelines in the COG's Standard 'Specifications for Public Works Construction' as applicable to water and wastewater construction. Please advise as to its approval by the City. C. David Ham cc: Bob Nelson file CDH/ch ~14, 0 COG-Stnd Spec/HAM " FC.' f w? r .i STANDARD SPECIFICATIONS ADOPTION STATUS (October 24, 1984) Known Adoptions: City Population Arlington 2040800 CoriC h 2,050 Dallas 9470950 Ouncam ille 339500 Flower Mound 6,800 Fort Worth 422,250 Glenn Heights 29400 Hickory Creek 15850 Highland Park 9.050 Hurst 34.150 Kennedale 30000 Lewisville 28,500 McKinney 186550 Pante Prosper 2,950 Richardson 77 800 Sunnyvale 19700 Terrell 13,900 F4 r mfroV;/Ie Total: 18 cities 108119850 Cities with action anticipated: Alvord 8lue Ridge The Colony Carrollton OeSoto Ennis Ferris Garland Grandbury Greenville Highland Village Keller Lake Dallas Sachse Watauga - t4s Adyto.1 Weatherford Collin County Lf _T~' _ f'6T r ~r i 1 s 2 re' a x y P 5 Z Minutes March 130 1985 Page to Masch Branch Road. Zoning and plat approval for a itve acts 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. He added this is an involuntary annexation; nowever, the property owner has not objected to date. Mr. Sidor made a motion to recommend approval of the petition of the City of Denton for annexation of approx- imately 42.3S acres of land situated in the S. Huitar Survey, Abstract 514, and beginning approximately SOO feet north of and perpendicular to the centerline of U.S. Highway 380 and west of March Branch Road (A-15)) Seconded by Mr. LaForte and unanimously carried (6-0). D. Recommend approval of the petition of Redditch Investments approximately 60.38 a cres situated Corporation in the GWalker annexation SurveyAbstract 13300 and beginning adjacent and east of Edwards Road (A-18). requestifor voluntaryeannexationrto have Planningdand Community Development Department. Tnis site is adjacent and mustebetupgraded. Citydwill bemresponsible ford*&in tanence and paving of this dirt road unless development occurs before annexation is final. Low intensity Development Guide policies are applicable to tnis site. He continued, the Allan Estates Moolie Home Park site (S-16S) is located adjacent and west of Edwards Road. Existing Andrew corporation facilities and property is also located in tnis vicinity. Current land use patterns along the Mayhill Road corridor range from low and moderate density residential to the City Wastewater Treatment Plant and new 'andfill and light industrial. Mr. LaPorte made a motion to recommend approval of the petition of Redditch Investments Corporation for an- nexation of approximatly 00.36 acres situated in the andxeastrofuEdwardsbRoadc(A-18), a SecondednbygMr. Escue and unanimously carried (0.0). E.r Recommend approval of a resolution adopting the Standard S eclfications for Public Works Construction ort entta ex ea as the specifications or use n connec on with u ure public works, water utility, and private development projects for the City of Denton, Texas. Mr. Clark explained the request for adoption and stated Denton is a member of the North Texas Council of Govern- ments. Rick Svehla, Assistant City Manager, helped put ahmomberiofcseveraltN COO CommitteeJim s. RHedgiveea lists of cities wno nave already adopted the specifications, He continued, there are a lot of contractors commenting= differentyregarding specifications. they ystaind tedsthetcity would like to adopt a set of standards with few excep- tions or variations to serve as a lesitimitite'. uide, He added, the NTCOG tits an errosion control c a tar in tnetr storm management section, and we would like to include that. He pointed out the sample ordinance for Commission to view and would recommend their adopting these standards. a ~s 1 ~ ul. P 6 2 Minutes March 13, 1985 Page 11 Mr. Escue made d motion to recommend approval of a resolution adopting the Standard 5 scifications for Public Works Construction ort antra. exas, as the spec c one o usa n coanec on x u ure public works, water utilit", and private development pro sets for the City of Denton, Texas. Seconded by Mr. Cisiborne Land unanimously carried (6-0). F. Set a date, time and place to hold a public hearing on the Capital Improvements Program. It was decided by the Commission to hold a public nearing on the Capital Improvements Program at 1:00 p.m, April 11, IV85, in the Council Chambers of the Municipal Building. Chair stated there was no new business. Meeting adjourned at approximately 6e4U p.n. A'"r_ Y ' F _ ".h r ~4 ♦;w~.i ~~r .k. id' 6 ti~6 4 "'a' r 1000E Do R E S 0 L U T I 0 N WHEREAS, Senate Bill No. 134 has been filed and is currently before the Senate of the Ezate of Texas; and WHEREAS, Senate Bill No. 134 would amend the Municipal Annexation Act (Article 97Ua, Vernon's Texas Civil Statutes) to require cities to publish, one year before the date on which it proposes to institute annexation proceedings for an area, a public notice of such proposed annexation; and WHEREAS, a requirement that a city publish notice one year in advance of any proposed en::axation would greatly hamper a city's ability to control and regulate future development and to plan fir the orderly growth of tho city; a-d WHEREAS, such a notice requirement would not be in the best interest of the public or the municipal governments of the state; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY Of DENTONI SECTION I. That the City of Denton, Texas, opposes Senate bill 134 and hereby urges and calls u on its elected Representatives and Senators of the State of Texts to oppose passage of said legislation. PASSED AND APPROVED this the _ day of 1985. CITY OF DENTON, TEXAS ATTEST: CRULAYCTE ALLEN CITY CITY OF DENTONjjTEXAS APPROVED AS TO LEGAL FORMI DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: i a ~y r., mi ,,e db 3Er'' T♦H 4`` ~r~+r'-•?~ .~r't ~~•.S { '°,q,/ a 1t. 1 \ 1 J ~ By. 13. No- l 3 4 A BILL TO BE ENTITLED 1 AN ACT 2 relating to notice of, the furnishing of services after, and the 3 treatment of property in a special district in regard to, a 4 municipal annexation. S BE IT ENACTED BY THE LEGISLATURE Of THE STATE Of TEXASi 6 SECTION 1. Section 6, Municipal Annexation Act (Article 7 970a, Vernon's Texas Civil Statutes), is amended to read as a foll1ws: 9 Soc. 6. NOTICE AND HEAR I NG- -ANNEXAT: ON PROCEEDIr%.j Ora 1 10 Year rtfors the date on which a city proposes to institute 11 annexation proceedings for in area the cit. must publish a notice 12 in a newspaper having general circulation in the city and in the 13 arse being considered for annexation. The notice shall describe 14 the area that is being considert•i for annexation and shall state 15 the date or which the city Droposes to initiate annexation 16 procacdingo, In addition, before (Befere) any city may inatitute 17 annexation proceedings, the governinq body of such city shall 19 provide an o;portunity for all interested persons to be heard at 19 two public hearings to be held not more tatan forty (40) days nor 20 less than twenty (20) days prior to ins•itution of such 21 proceedings. At least one (1) public hearing shall be held within 22 the area proposed to be annexed if, within ten (10) days after the 23 publication of the notice required herein, more than twenty (20) 24 adult residents who reside in the territory proposed to be annexed 69R17S3 M7B-0 1 1 1 facility, building, or service within each particular area within 2 sixty (60) days after the sifective date of the annexation of that 3 particular area; and 4 (2) a program under which the city will initiate the 5 acquisition or construction of any capital improvements in 6 sufi.cient time (neaessaryr for providing municipal services for 7 the particular area before the expirition_of two (2) Years from(r 8 !ke-e~esasnseakes►-te-~aYln-w!!>,!r-lws-sea-ss<a->+alf-(i-lti3-ysare•sE) 9 the effective date of the annexation of the particular annexed 10 area. The(t-end-%)ta) acquisition or construction of the facilities 11 may (te) be accomplished by purchase, lease, or other contract or 12 by the city's succeeding to the powers, duties, assets, a:d 13 obligations of conservation and reclamation districts, as may be 14 authorised or required by law. No moneys received from Vie sale of 15 bonds or evidenced by other instruments of indebtedness may be 16 allocated to the annexed area for a period of one hundred and 17 oighty (180) days. is SECTION 3. Section 11, Municipal Annexation Act (Article 19 970x, Vernon's Texas Chris Statutes), is amended by adding 20 Subsection E to read as follows: 21 E. (1) The funds of any water or sewer district annexed i 22 under this Section shall be placed in an escrow account outside the 23 State Treasury by the Texas Department of Water Resources which 24 shall act as the escrow agent. The funds in the escrow account may 25 not be paid over to tLe annexing city Le til the city establishes in 26 a hearing before the Texas Water Conodslion that it is providing 27 the area formerly served by the annexed water or sewer district 69A M3 MR8-D 3 i I S 0. , I (b) A municipal utility district that is continued in 2 existence by Subsection (al of this Section has all the powers and 3 duties of a municipal utility district as provided by Chapter 54, 4 water Coda. 5 W If a municipal utility district is continued in 6 existence by Subsection (a) of this $action, each taxpayer of the 7 district is entitled to deduct from his city property taxes each 8 year an amount equal to the taxes paid by the taxbayor to the 9 district for services not provided by the city. 10 SECTION S. Section 6 and Subsection 8 of Section 10, 11 Municipal Annexation Act (Article 970a, Vernon's Texas Civil 12 Statutes), as amended by this Act, apply only to an annexation 13 proceeding initiated on or after the effective date of this Act. 14 An annexation proceeding zr'tiated before the effective date of 15 this Act is governed by the Municipal Annexation Act (Article 970x, 16 Vernon's Texas Civil Statutes) as it existed before this Act's 17 effective date, and the former law is continued in effect for this 18 purpose as if this Act were not in force. 19 SECTION 6. This Act takes effect September 1, 1985. 20 SECTION 7. The importance of this legislation and the 21 crowded condition of the calendars in both housas create in 22 emergency and an imperative public necessity that the 23 constitutional rule requiring bills to be read on three several 24 days in each house be suspended, and this rule is hereby suspended. 69R17S3 MAD-D 5 71 .i 3 l ♦ 1051. } E7 , Y R E S O L U T I O N WHEREAS, Municipally owned electric utilities have been totally unsuccessful in securing amended applications for Certificates of Convenience and Necessity from the Public Utility Commission to 3 serve their citizen owners in newly annexed .gees; and WHEREAS, Legislation has been introduced in the House and Senate in the form of H.B. 1634 and S.B. 1032 which Legislation i would help alleviate the aforementioned problem; and i WHEREAS, the inability of municipally owned electric utilities to expand service areas greatly impairs the financial integrity of 1 said municipally owned utilities; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON That the City Council of the City of Denton unanimously supports f the passage of H.B. 1634 and S.B. 1032. PASSED AND APPROVED this the day of , 1985. f Xi'7}{AI: , KAYOX CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN CITY CITY OF DENTON,jTEXAS APPROVED AS TO LEGAL FOF.M: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY /O~FADENTON, TEXAS BY: { i i cks Filed servrcc 5. S. PC. 319?m Seeato Bill 1432 1 am forced to twitch eleetrle reeviee and shall bcovl_d~ fo,~, ty eapeeas I will single certification to the novly annexed arral A L1LL TO Lt CRITf.[D 1 6171 paragat at talc ey~cesacfen to any atlli•,yvhaN 1 AN ACT 4 facilities would 4e rendar4d idly! as a result of isglowaoting f tole)i o9 to a9eggarNN botwm Fiord oede:■ goveral n9 et eetrfe S tone et the agretsgat: and 3 utilities Yitlt respect to tics prorislea of eteelrle service in L •111 vrlttoo h4tlee to custoaro vbe veuld_Im tmltgd ti 9 area snmoed otter .2alruary 1, 1916, by nualea±elieiH evnfn9 7 ilm" to onotbor service provider It the gdrewent wn S olacertt Systems. Yldlpt Settles SSA to the Tubife Utility • ~aelerented. 4 sequletort Act tArtAtlo 1446e, Voman"g Taxes Civil Statutes). 9 'lei It an agreement Sr reached pursuant to Lubseetlea 1►1 7 LL ft fNAt1'CD LT 17R 11GISU:I7R[ Of TIM f7Art Of TE1IASi 10 of this section It gust be subotttod alone vlth a oremesed OL&C L f[STtON 1. The Public Utility Regulatory Act (Artiste 1416e, 11 to the eommUalon for apgrevsl. It th{ teriatea true t8 s:: es f Vernon's Taxes Civil statuteel Is asanded by addieg Section SSA to 12 the saroement vtthfa 90 days of Ito submiestN, the Mrtoosed erdas 10 read as tellovs+ . 31 in deemed approved by LM commission es a attar at lsv 11 'uctiua SSA. cal ' Mfetted Vtlllty'. seam N eiectcfc 14 'dd} It the affected utlittes. are unable to reach u 12 utility erned,b~„a sunltiesl}~t or an eleClrlc uclt/tr )Rat !r 1S agreement vfthin the t194 prescribed under Lulraectloa 1bl of tM 11 eocetftad to provide servln or operate Gcltletes in an area 16 section, any offeeted uttlltr gar go Rion tl~o commission to outer 14 al+nexed bra an+nlcipolltY afte• tansarr 1, 1996. 17 f! order, after notice and hearing,_ olleutitq„_;;r reaponslbf lc 13 'lD1 ltotv)thaSandlna tRS,peovlalens of Sub p!tfona tai and 14 tb1, $octlon SS, Public Ut11:tr Peoutotory Act tArticle 1446:, 1` for providing electric service In the novtr annexed arts. Attar 19 notice Marina and a flndin9 that it to naa nary for the 17 Vernon's Texas Civil Statutes), when • n•.n ielgallty Owning an 20 rervlce. accomodatlon, convenience, or aafetr of. the public, the to electric utility anr:axes an area. alt affected utltlties shill. 71 gonsleolon say divide the haw territory in onr g rultable Mannar. 19 VI thin 60 days after she dace the ens finally beeono mart of 22 but such division of an a ea Burt take into ~enride[at!>ra 20 the municipality, attoaot to teeth an agresgent rich rupect_.te 21 allocation of tee resgensib111ty for Otovldtea electric service in 21 duElltatlon et electric facilities and the number Of customers. 1[ 74 any, forced to evitch electric service. The order entered by she 22 Mo navly gnnas.ed area pursuant to-Sattlom 56 of the Public Utility as ctamissien shalt inciudgi 22 Regulatory Act. The g9rument suet take lute eenalderattor 76 ",u•- pine a eertifleatlen in the newly annexed grew: 14 dupllc4tfoa of +lectrle lsellttles ■nd the number of tuetomere. !t $31000-27 r $1706/2-77 1 e 2MENOMINEE 1 '[23 parent of fair compensation to am uttlity wheae 2 facilities uvuld be tendered idle u s result of implememtine the 3 torso, of the Agreesentr 6 *01-reguiresento for netlfyine In uritL,.*t. castasera whc , S vould be tMited to witch electric sew1U uocn implementation of e the order, 3 81e1 the comilaleo_ is aDeeificalty weherlud ee sea t8 a e revoke or &"Qd a certificate held by any party in order to S Imat"ept the terms of the ag nement of Any order entered by the 10 9oemlasie0.' It ftCt10N 2. This act takes effect lams ary 1, 1965. 12 !'Li':iON J. The leportance of this 1e91aletion and the 13 crowded condition of the calendars In both houses create an to emergency and an imperative public necessity that the is conatituticnal rule requiring bills to be read an three aeverml 16 days in each house be suspended. and this rule is hereby suspended, 11 and that thls Act Lake effect and be In force from and after Its is passage, and it to so enacted. 13106/2.21 3 .ri~n' 1 TEXAS PUBLIC POWEkASSOCIATION MARCH, I99S TPPA LEGISLATWE PACKAGE FILED IN THE HOUSE AND SENATE The Texas Public Power Associa- ncxing municipally owned utility and again based on single certification and tion service area bill approved by the the effected --oility in the annexed area fair compensation. A complete copy TPPA Board of Directors in conjunc- must attempt to reach an agreement of the bill is enclosed along with this tion with the Texas Electric Cooper- which provides for single certification newsletter. ative Association %-as introduced in and fair compensation for any facili- Representative Richard Williamson the Senate as SB 1032 by Senator ties that are rendered idle as a result of from Weatherford filed TPPA's service Kent Caperton from Bryan. The bill is the agreement. If an agreement can- area bill in the House. The bill is tied to annexation by cities who own not be reached, petitions may be filed identical to the Senate version and the their municipal electric systems and at the Public Utility Commission and House bill number is HR 1634. provides that upon annexation the an- the Commission may issue an order REPRESENTATIVE JERRY CLARK FILES HB 1638 500 MEGAWATT BILL As you recall from the 1983 Leg- A number of municipally owned we state support the removal of the islative Session, anxndments were electrics in Texas were detrimentally 500 megawatt restriction. This bill made to Article 1528b IThe coops en- affected by this bill in that it dc- and TPPA's service area bills have abling legislation) that prohibited the nits them an opportunity to seek the been referred to the State Affair; sale of electrical power to munici- most favorable cost of power for their Committees of the respective chambers. palities unless they had generation ca- consumers. pability of 500 megawatts or greater. Most of the electric cooperatives in TPPA ANNUAL MEETING SCHEDULED FOR APRIL 24-25, 1985 The Texas Public Power Associa- noon meeting, which will begin at will be sponsored this year by Burns tions INS Annual Meeting will be 1:30 p.m., include Public Utility & ;McDonnell. held at the Marriott Hotel in Austin. Commissioner Dennis Thomas and the Annual Mccting program has Texas on April 24th and 25th, 1985. Texas Electric Cooperative Associa- not been completed at this date but Registration for the meeting will be- Lion, Inc. Pr6ldent, Jim Morris. will be forwarded as quickly as possible. gin at 11,30 a.m. on April 24th. Key- The evening cocktail party will be. note speakers for the April 24th after- gin at appmximately 5:30 p.m. and w C7~ • Fe R E S O L U T I O N WHEREAS, the City Attorney of the City of Denton is appointed to office by the City Council and serves at the pleasure of the City Council under the terms and provisions of Article VI of the Charter of the City of Denton, Texas; and WHEREAS, on February S, 1985 the City Council of the City of Denton appointed Debra Adami Drayovitch, City Attorney of the City of Denton, Texas; NOW9 THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION 1. The City Council of the City of Denton hereby engages the employment services of Debra Adami Drayovitch as City Attorney of the City of Denton, 'texas, to perform the functions and duties specified in the City Charter, the City Code, and the lava of the State of Texas, and to perform such other legally permissible and proper uuties and functions as the City Council shall from time t, time assign. SECTION It. The City Council agrees to pay Debra Adami Drayovitch for her services rn annual lase salary of $46,800.00 payable in install- ments at the same time as other employees of the City are paid and $100-00 per month car allowance. The sum of $4,000.00 shall be paid for relocation expenses. SECTION I1I_ An annual performance review will be conducted by the City Council during the month of October of each year, and the City Council agrees to increase said base salary, fringe or other benefits in such amounts and to such an extent as the City Council may determine that it is desirable to do so on the basis of the annual performance review mado at the same time as similar [ consideration is given to other employees of the City. PACE 1 ~1 N .u w t . A°CT•-~~ T, P FYI ~ f b A r t'Y le n SECTION IV. It is recognized that the city Attorney has to devote a great deal of her time outside normal office hours to business of the City, and to that end, the City Attorney will be allowed to take compensatory time off as she shall deem appropviate during said normal office hours; provided, however, the City Attorney shall devote her entire time to the performance of the duties and shall not spend more than ten (10) hours per week in teaching, consulting, or other non-City connected business without the prior approval of the City Council. The City Council hereby agrees to budget and pay the travel and subsistence expenses of the City Attorney for professional and official development and to adequately pursue necessary official sad other functions for the City, including but not limited to the Annual Conference of the Municipal Law Officers, City Attorney's Association and such other national, regional, state or local governmental groups and committees thereof which the City Attorney serves as a member. The City Council also agrees to budget into pay for the travel and subsistence expenses of the City Attorney for short courses, institutes and seminars that are necessary for her professional development and for the good of the City of Denton. The City Council agrees to budget and pay the professien0 dues and subscriptions of the City Attorney necessary for her continuation and full participation, including the holding of responsible offices in national, regional, state and local associations and organizations necessary and desirable for her continued professional participation, growth and advancement, and for the good of the City of Denton. SECTION V. Before voluntarily resigning her position, Debra Adami Drayovitch, agrees to give the City Council at least thirty (30) PAGE 2 fw C.:. ! WIN h ~3 V ,7 ~:,.4 Fp ,J t ~ ~?~M S f_ t r r t- 1.. IA tiy# a 1~" ~ ~ err} k ~ 1T't ~''u 'U s. _ days notice in writing of her intention to resign, statir3 the reasons therefor. In the event of her involuntary separation as City Attorney, she shall be entitled to receive a lump sum payment equal to sixty (60) days aggregate salary; provided, however, that in the event of her termination because of her conviction for any offense involving moral turpitude or any illegal act involving personal gain to him, then, in that event, the City shall have no obligation to pay the aggregate severance sues designated herein. Involuntary separation as used, in this paragraph means her discherge or dismissal by the City Council or her resignation following a reduction in salary or other financial benefits of the City Attorney in a greater percentage than an applicable across-the-board reduction for all City employees or in the event the City refuses following a written notice to comply with any other provisions benefiting the City Attorney herein or the City Attorney resigns, following a suggestion, whether formal or informal, by the City Council that she resign, then, in that event, the City Attorney may at her option be deemed to be "terminated" at the date of such reduction or such refusal to comply within the meaning and context of the herein severance pay provision. SECTION VI. All provistons of the City Charter, City Code, and Rules and Regulations of the City adopted by the City Council relating to vacation and sick leave, retirement and pension system contributions, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended, shall apply to the City Attorney as they would to other employees of the City. in addition to said benefits erinerated specifically for the benefit of the City Attorney, except as herein provided. The City Attorney shall be entitled to receive the same vacation and sick r PAGE 3 r If 11; 1:1 l r YI d h ^,J leave benefits as are accorded other department heads, including provisions Bove wing accrual and payment therefor on termination of employment. SECTION VII. This agreement shall be effective for a period of one year. PASSED AND APPROVED this the day of Ap-il, 1485. AfMARD s , CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN CITY SECRETARY CITY OF DENTON,,TEXAS APPROVED AS TO LEGAL FORH: DEBRA ADAHI DRAYOVITCH, CITY ATTORNEY CITY OF DENYON, TEXAS BY: PAGE 4 7 -7777-- a MY Of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 /TELEPHONE (811) 566.821)0 M E M O R A N D U M TO: Mayor and Members of the City Council FROMt G. Chr'Ls Hartung, City Manager DATES March 27, 1985 SUBJECT: SPRING FLING BANNERS Pi,'- 4MENDATION: Due to the limited advertisement available to the Spring Fling Festival (i.e., pamphlets and posters) as a result of financial restraints, Staff recommends assisting the Spring Fling Festival in their efforts by allowing them to hang six (6) banners across public streets from April 3, 1985, to April 28, 1985. BACKGROUNTJ: Thia recommendation is in line with our practices of the past. For previous Spring Fling Festivals, the City permitted the hanging of banners to announce tt.e festival. Although the banners will present a potential safety problem for pedes- trians, if they are blown down, we intend to take steps to prevent such an occurrence. First, the specifications for the banners were written to provide for heavy duty banner cloth and durable no-stretch ropes. Secondly, we t.^ve made plant for our Staff to inspect the banners to ,assure they co,r-ply with tote specifications. Thirdly, the installation of the banners will be performed by ot!r Staff. And finally, continuous patrolling of the banno--s will be done once they are hung. These meth,:,ds represent an improvement in our safety practices from the past. In an attempt to reduce the risk that a banner may be blown down, all possible measures are being considered. --77~ SPRING FLING BANNERS Marc) 27, 1985 Page 2 PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: The primary persons or division which shall be affected by the accep- tance of this recommendation are the City's Spring Fling Committee representatives and the Electric Distribution Division. The Spring Fling representatives wrote the banner specifications and will be required to inspect them prior to their hanging. The Electric Dis- tribution Division will be called upon to place the banners in six (6) locations throughout the City (i.e., one (1) at the corner of Hickory and Elm, one (1) at the corner of Hickory and Locust, two (2) at the corner of University and Bonnie Brae, and two (2) at the corner of Carroll and Eagle) and remove them following the festival. The above-mentioned division and persons will be totally responsible for the banners and all that are involved with theme and with the steps planned to assure the maximum mount of safety, we do not anticipate the in- volvement of any other persons or divisions. FISCAL IMPACT: There is no impact on the General Fund. Respectfully submitte A;, G. Chris Hartung city manager PREPARED BY: .3 699" - Harlan ferson Admin strative Assistant APPROVED: Bill Angulo Assistant Director of Public Works pw r y. ttt n ,x DATE: 04/02145 CITY MVgIL REPORT FORMAT TO: Mayor and Members of the city council FROM, G. Chris Hartung, City Manager SUBJZCT: REPORT OY TABLED ZONING CASE Z-1615 RECOMMENDATION: The City Council considered this item at its meeting of August 7, 1984 and voted to table Z-1675. SUMMARY: Th!a is a request for a change in zoning from the agricultural (A) classification to the planned development (PD) district on a 19.3 acre tract located on the south side of Highland Park Road approximately 1,500 feet east of Bonnie Brae Road. If approved, the planned development will permit 71 single family detached lots and a private school. BACKGROUND: The City Council tabled this request to allow the developer and staff time to work out a solution to the access problem associated with this tract. On January 24, 1985, the Planning and Community Development Department received a letter from the petitioner withdrawing case Z-1675 from consideration by the City Council. The petitioner wishes to have this item removed from the table and denied. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Not applicable. FISCAL IKPACT-. Not applicable. Respeci 0. Chris Hartung City Manager Prepared by: Denise Sp ve urban Planner App ve : .14ff Ma Director of Planning and Community Development 1o51g A 4 A' ^ CITY OF DENTON MEMORANDUM DATE: March 26, 1985 TO., G. Chris Hartung, City Manager FROM: Denieo Spivey, Urban Plattner SUBJECT: ZONING CASE Z-1675 This zoning case was a request for a change from the agricultural (A) district to the planned development (PD) classification on a 19.3 acre tract located on the south side of Highland Park Road approximately 1,500 feet east of Bonnie Brae Road. If approved, the planned development (PD) will permit 71 single family detached structures and a two (2) acre private school site. The City Council conducted a public hearing for this case on August 7, 1984 and voted to table the request to allow the developer and staff to work out a solution to the access problems associated with this tract. On January 24, 19850 the Planning and Community Development Department received a letter from the petitioner withdrawing case Z-1675 from consideration by the City Council. The petitioner wishes to have this item removed from the table and denied. Denise Sp vd ` gl 10529 1K~ ry n u r.'- a~ r c .n~jj( • a ~t yc n ~yt~ 16 7f # lot- 70 ` A- • W 1 * q ~ ~ ! sax, ~ . ' ; I ti f • i ~a J% .4 1 ~ V it 4, op. Z. d- r4i .Ar 0 All. liar, - 14, 26 kj It 1 a~• •r•:~" + r1• • ►~n 1111 ` M ~ ~iY • 1 ~4. l ! ti o { a . It rj • ON, 14., • • ~'~i emu' +11'h r.+ * + .II• . o r 114 "c K Christopher Bancroft Operations 1421 North Elm Denton, Texas '76201 January 24, 1984 City of Denton aevelopement Review Committee Denton, Texas 76201 To Vhom It May Concern: Effective immediately, I am withdrawing my zoning change request, Z-1675, which was presented to the City of Denton Planning and Zoning Commission on July, 11, 1984 and approved and thereafter presented to the City Council on August 7, 1984 and tabled. Signed Christopwer Hancrof Developer Da eZ~ Jigned and Acknowledged , Denise S v , Developemlent Review Planner ~ Date l ti r