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HomeMy WebLinkAbout07-16-1985 /7 ~lUQ1~ 3~.~~ Ib,19gs } yy K tL a. 1tS' k` a ~ D w.. i T11 i, - A69NUA 1.: i;ITY 0£' D9NTbk C11 Y COUNCIL July 'lb_, 1985 , r. Work Session of the City o,. Denton City Council on Tues~'ay, July lb, 1985, it $: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. Receive a report from the Plow Memorial Hospital Task Force. 2. Discussion of a proposed resolution amending the current overtime pulicy and eliminating the current compensatory time policy. 30 Executive Session: A. Leggal Matters Under Sec. ;(e), Art. 6252.17 V. A. T. S. 8. 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. • U. Board Apppointments Under Sec. 2(g), Art 62S2-17 V. A.T.S. Regular Meeting of the City of Denton City Council c,, Tuesday, July 16, 19650 at 7:00 p.mo in the Council Chambers of the Municipal Building at which the following items will be considered; 7:00 p. m. 1. Consider a}vroval of the Minutes of the Special Called Meeting of June 25, 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 a,,cordanea with the Staff recommendations. A. Buis and Purchase Orders: Listed below are bids end purchase orders to be approved for F payment `under the Ordinance, section of the. agenda. Detail{-d bikok~dp,inforsation is, attached to the ordinances (Agenda iteA0 4.A, 4:8; 4:Cj~ Ttils">'3stig is 0r6vided on;the,Consent Agdn i to -Al'low' Councii Ndmber~s td" discu3s any item' prior to •,appfov1'_ ''of the ordlnance. ,a v"1~^ IN 4 rt°~~ifh Y A ~J7* "fir i.Kw* ~'C :°5i s t `R .y. NV f!7 r2~'t ~'j 3f v t Y~~= ei ' I.M1 Sr . . t b,f c'i?6riton Cit,~Co c 1 g ~,r 14 y uni Agend a "U' ;Y lb 15$5 Page Two A, Bids and Purchase Orders: I, Bid 0 94,76 - Connection enclosures 21 Bid 0 9479 - Resurface N orthlake gym floor 31 Bid 1 9480 Crown lane markers 4, Bid f 9484 - Mo~lle radios S. Bid 1 9471 - Woodrow Lane sewer improvements 6, Purchase Older 1 68599 to Business , Essentials In the amount of $5,970.00 76 Purchase Order 1 68875 to Boyd gxtavation in the amount of 521,125,oo 8, Purchase Urder 1 68914 to I,B,M. Corporation in the amount ^f $18,068.40 9. Purchase order 1 69033 to Public Technology, Inc, in the amount of $4,000.00 1 B. Plats and Replats: a 11 Approval of preliminary plat of tile Davis Equity Realty Addition, Lot 1, Block 1. (The Planning and Zoning Commission recommends approval,) , 2. Approval of preliminary plat of the Denton Manor Estates Addition, (The Planning and Zoning Commission recommends approval.) 31 Approval of preliminary plaI of the Teasley Center Addition, Lot 3, Block 1. (Tile Planning and Zoning Commission recommends approval.) 4, Approval of preliminary plat of the Teasley Center Addition, Lot 2, Block 1. (The Planning and Zoning Commission recommends approval.) 3, Public Hearings: A, Z-1733. Petition of City of Denton reqquesting ccMg in toning from the two family (2-PI A classification to the multi-family (HP-R) district on , a 7.2 acre tract located in tits John McObwan Survey,, Abstract No. 791, The property is sit6ated south of lnteratate"fiighway 3SE, and Yi City of Denton" City Council Agenda July M1985 Page 'three east of Lillian i4111or parkway. If the r4quest is approved, this property may be used for any purpose permit ed in a MultioPamily Restricted zone by the Lity of Denton Zoning ordinance. (The Planning and Zoning Commission recommends denial.) B. Z-1746. Petition of Randall Saith requesting a Change in zoning from the agricultural (A) classification to the planned development (PD) classification on 200.51 acres locatod west of Teasley Lane and north of Hobson Lane. The following land uses are proposed for the planned development; Single Family (SF-16) - 1S.62 acres Density 2,2 units per acre, total units 33 Single Family (SF-13) - 24.27 acres Density 2.63 units per acre, total units 64 Single Family (SP-10) -46.91 acres Density 2.81 units pet acre, total units 132 Tennis Club 9.88 acres Single Family (SP-7) - 36,82 acres Density 3.53 units per acre, total units 1:0 Duplex - 18.32 acres Density 5.5 units per acre, total units 100 Cluster Housing - 29.91 acres Density 10.0 units per acre, total units 326 ('the Planning and Zoning Commission recommends approval.) C, S-184. Petition of Peggy Burnside requesting approval of a specific use permit in a single family (SP-7) zoning district on a 2.1 acre tract located at the southwest corner of Sherman Drive and Hercules Lane. The property is more pparticularly described as 2321 Sherman Drive, lot 1, block 1, of the Nazarene Addition. If approved, the specific use permit wootid allow the operation of a day care center in a single family (SF-7) zoviing district, (The Planning and Zoning Commissi-n recommends denial.) L. Z-1747. Petition of Allen Pierce requesting a cFange in toning from the Ault!-family (HP-1) and l eneral retail (GR) classification to the planned evelopai',nt (PD) district on a tract located on the W051t side of Bonnie Brae Street approkimately • 500 fe,gt north of Nest Oak Street, If approved, the planned an'development will permit the d development of a medical ranter ~ 18nni, AM ,:.ho~'pital, (The.. P ng `anc~ . Zoniltg Commissioh`:'ecommends g!~w,rn" ° ) ve ,yiG r'.y a ..N• 'f. t r . , f 4 % '1 y ,I . t f r, ify of " enton'Cli CofinciI Agenda 085 Page four S. Z-1748. Petition of Burke `909ineerisig, representing 6. Lamont Brown, requesting & changge In zoning from the ew cultural (A) classification to the multi=family (MF6.1} classification on 6,822 acres shown', in the J. Fisher Survey, Abstract No. 421. The property is east of Teasley Lane (FM 2181) and south of Bentoaks. If approved, the prGppeerty may be utilized for any land use permitted in the multi-family W-1) classification by the City of Denton Zoning Ordinance. (The Planning and Zoning commission recommends denial.) F. Petition of the City of Denton for annexation of approximately 115 acres of lsnd being part of the •i. West Survey, Abstract 13310 and beginning approximately S,000 feet north of U.S, highway 380 Bast, and west of Rockhili Road (A-22). C, Public hearing on an ordinance amending Appendix B-Zoning of the Code of Ordinances of the City of Denton to prohibit petitions for the rezoning of the same property for the same or less . restrictive zoning district within a twelve month period after denial thereof, and declaring an effective date. (The Planning and Zoning Commission recommends approval,) 1. Consider adoption of an ordinance amending Appendix B-Zoning of the Code of Ordinances of the City of Denton to prohibit -petitions for the rezoning of the same property for the same or less restrictive zoning district within a twelve month period after denial thereof, and declaring an effective date. H. Public hearing on an ordinance amending Appendix d-Zoning of the Code of Ordinances of the city of Denton to prohibit residential buildings and uses in all non-residential zoning districts, except the central business district; amending the area regulations applicable to zoning districts,, providing for a maximum penalty of $1000,00 for violations thereof; providing for a severability clause; and providing for an affective date. (The Planning and Zoning Commission recommends approval.) • 11 Consider adoption of an ordinance amending Appendix, 8 -Zoning of the Code of Ordinandes of the:, City of, Denton, Texas to prohibit residential buildings and uses in ail P .~4 .*6~f'C tY p'e v':ryr ,t~r~^Y"qfC ri'" in: lr WWG r'r 'W 1'.e cY t ,s.' 1A~ ,u 1 w n~•~ 1 6 City. of,De`Atbs City Council'Agetida July' 16, logs Page Five nonresidential coning districts except the Central Business Dih rict; amenaiag the area regulations applicable to zonln% distric sl providing for a maximum penalty of 1,000,00 ~or violations ther,tof; providing a severability clause; and providing for an effective date. 4. Ordinances A. Consider ado ption of an ordinance accepting competitive bids and providing for the award contracts for the purchase of materials$ equipment, supplies or services; providing for the expenditure of funds therefore; and providing. for an effective date. 81 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 accepting the dedication by deed from Texas Utilities Electric Company of that portion of certain real property situated in the William Teague Survey, Abstract No. 1266, Denton County, Texas, as described in said dedication deed, to the City of Denton, Texas, for the use of said property as a public street and declaring an effective date. E. Consider adoption of an ordinance setting a date, time and place for public hearings concerning the petition of Miller of Texas for annexation of approximately 304.9 acres composed of four parcels located north and youth of EM 426, east and west of Trinity Rddd, and south of Highway 380 Bast (A-23). . w P, Consider adoption of an` ordinance and service plan instituting annexation proceedings for a ttact of land approximately 258.66 acres in site being a part of the S4 Myers Survey,' Abstract d. `.43,' and the A Miller Survey, Abstract 887, and dgirining 'west of Underwood Road, 'east of C~ Wdlfe koad, south of `Jim Christal Road, pnd ,forth of Tom Cole Road (A-21)s (The Planning and Zoning Commission recommends approval.) IL k 4 y e,~ 'Y 'l I iH a hl (dL tin1~ ♦ N' G7, I ~ ill'' 70, M+<! ,i ~KnfMd. , i i rp r 5 C!'tyQ llentonCity Countil Ageiri,aa; July l~i 1985 Page Six G, Consider adoption of an ordinance approving an amendatory agreement between the City of Denton and Services Program for Aging Needs (SPAN); authorizing the Mayor tr", execute the agreement; approving the expenditure+` of 'CUnds therefore and providing for an effective date. (The 4uman Resources Advisory Committee ricommends approval,) H, Consider adoption of an or.;inance approving an agreement between the City of Denton and Freese and Nichols, Inca for engineering consultin3 services in connection with the construction of upgrading the Water Treatment Plant, and providing for an effective date, (The Public Utilities Board recommends approval,) 11 Consider adoption of an ordnance amonding the 1984.85 budget of the City of Penton, Texas by appropri.7ting the sum of 'two hundred seven thousand And five hundred dollar;i ($207,S00) from the unappropriated balance of the General Fund to account funds 100-004-02OM-6936 and 100.00S-0191- 8966 and de;laring an effectivs date, S. Resolutions: A, Consider approval of a resolution authorizing the City Manager to submit an application to the Texas Department of Community Affairs for the Texas Rental Rahabilitation Program for $1000000 of funding. 8, Consider approval of a resolution accepting propos9d Level II funding for the Library from the Denton County Commissioner's Court for fiscal year 1985.86, (The Library Board recommends approval,) C, Consider approval of a resolution amending the current Overtime Policy (106.04) and eliminating the current Compensatory Time Policy (1064S). D, Consider approval of a resolution requesting the United States Congress to exempt state and local governmental employees from the federal Fair Labor Stahdards Act, B, Consider approval of a resolution designating certain city officials as being responsible for, aeting:fori and on behalf of the City of Denton in doming;; with the . ~T.exas Parks '*,d wildlife Depart bht Ifor the' 'P iO~d of parifcipatiji in ' the Lafid ahd water t:'nnsetvation un?~'ActI of 1965' cart #fginj fh~t the C t of Dento eiig;bla Es' rote v a s s tat un a such prog~iL,L - 1s a4~~. 2 ~d7L} NI~NGI~ Y v , y~"0. 9S ~.i r Mi L. rY rA" M rA^1i yn.!(~1 1 it Y "Fill .rya r4 chi ty f p'Con'``Ciy touric I i Aetida my 4, . 985 Page even F. Consider approval of a resolution Inoppositlon t9 the Presiden't's tax proposals for municipal bonds. G. Consider approval of a resolution In opposttion to the proposed decrease in R+venue Sharing taodsi N. Consider approval of a resolution approving amendments to the Benjamin Bennitt lease agreement of February 28, 1985 at the Denta:; Municipal Airport, (The Airport Advisory Board recommends approval..) 6. Consider approval of the preliminary plat of the Med-Tex Subdivision, Section 11, Lot 3, Block As (The Planning and Zoning Comwission recommends approval,) 7. v-15. Consider the petition of J. P. Haypood requesting a variance of Articles 4.03 aad 4.15 of the City of Denton Subdivision and Land Development Regulations regwiring perimeter street and drainage improvem9nts. This tract is 10.00 acres located at the northwest corner of Bonnie Brae Street and Payne Drive. The tract is described as Block 1, Lot 1, of the Life Tabernacle Addition and shown in the Francis Batson Survey, Abstract 43. The property is zoned agricultural (A) and the development of a church is anticipated. (The P1anrNing and Zoning Commission recommends denial.) 81 Consider ratification of the City Manager's appointments to the Civil Servico Commission, 9. New Busi►.css: This item provides a section for Council Members to suggest items for future agendas. 10. Official Action on Executive Session Items: A. L+.4gal Matter:, Meal Estate C. Personnel u. Board Appointments C E A T I P I C A T E I s!ertify that he above no*ice of maeting was posted on the bulletin t the C t 1 of the City f, n, Texas, on the day o , 1935 at o'clock y C7 1844C _ ~Y !4g✓ ~F 7 Y~i `-.?4~,y` P4, r 1: a y i AGJ NDA CITY OF DENTOk CITY CJUSrf 1L` July 16, 1985 )1ork Session of the City of Denton City Council on Tuesday, .luIy 16, 1985,' at S:30 p.m, in th,e Civil Defense Room of the Municipal Buildirg at which the following items will be considered: 5:36 p.r, :c. Receive a report from the Flow Mc%orial Hospital Task Force, Discussion of a proposed resolution aranding the current overtime policy and eliminating the current compensatory time policy, 31 Executive Session: gg A. Le al Hattors Under Sec. 2(e), Art. 6252-17 Y. A,,3. B. Real 'state - Under Sec. 2(f), Art. 6252.17 V. A, T. S: C. Pr,rf,onnei Under Sec. 2(g), Art 6252-17 A.T.S. D. Board Appointments Under Sec. 2(g), Art 6252-17 V, A, T, S. Regular Meeting of the City of De.iton City Council on Tuesdayy, July 160 1985, at 7:00 p.m, in the Council Chambers of the Mut,icipa I Building at which the following items will be considered: 7:00 p.m. I. Consider approval of the Minutes of the Specirl Called Meeting if June 25, 1955. 2. Consent Agenda: Each of thesf items is recommended by the Staff and approval ther..of 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 accordanco with the Staff recommendations, A. Oids and Purchase Orders: Listed below are bids and purchase orders to be approved for payment under the Ordinance section of the agenda, Detailed back-up Information is atC4*.had to the ord)nances Agenda items 4, Ay 40,8j 46C), .This listi'd.ng is provided on the dnsent ° Agehde t;% allow Coutic i Meabers"'t dlocuss any ltdlr' pr~~sf~ fo approvRl of the ordihahe'to k °s~a t W? T 77 ';4 ^w d4 14, City of'"" '406h'.City Council'Agenda July (!~6, 1985 Page Two A, Bidp;and Purchase"Orders I. Bid / 9476 Conr,6r.tion enc%osures 2, Bid L 94,1 - Resurface vorthiaku gym floor= 3. Bid 8 9480 - Crown lane mArkers 4. Did 0 9484 - Mobile radios 5. Bid 0 9471 - Woodrow Lane server improvements 6. Purchaso Order 0 6SS99 to Business Essentia s in the amount of $S,S70.00 7. Purchcse Order 1 68875 to Boyd hxcavation in the amount of $21,12S.00 81 Purchase Order 168914 to I.B.H. Corporation in the amount of $18,068.40 91 Purchase order 169033 to Public Technology, Inc. in the amount of $4,000.00 D. Plats and Replats: 1. Approval of preliminary plat of the Davis Equity Realty Addition, Lot 1, Block 1. (The Planning and Zoning Commission recommends approval.) 2. Approval of preliminary plat of the Dunton Manor Estates Addition. (The Planning and Zoning Commission recommends approval.) 3. Approval of preliminary plat of the Teasley Center Addition, Lot 30 Block 14 (The Planning and Zoning Commission recommendx approval.) 4. Approval of preliminary plat of the Tea ley Center Addition, Lot 2, Block 1. tThe Planning and Zoning Commission recommends approval.) 3. Public Hearings: A. Z-1733. Petition of City of Denton requesting a c ange in toning from the two femity (2-P) classification to the multi-family (HP-R) distriO. on a 7o2 acre exact located in the Jahn McGowan Survey, Abstract '.Mo. 297.. The property Is situated south of'Interstate' HighwAy 35B,, and s y l rte. ~.r 1 d r '•'~'E ;`I+}h 3r r qr 717'r 11 rV City of "Di nton city Council Agenda July 160 1965 Page Threo east of Lillian Miller Psrkway, If the request is approved, this property may be used for any purpose permitted in a Multi-Family Restricteu zone by the City of Denton Zoning OrOinance, (The Planning and Zoning Commission recommends denial.) B. Z-1746. Petition of Randall Smith requesting a ccHa`ng`e is zoning from the agricultural (A) classification to the planned development (PD) classification on 200-51' 00.51 acres located west of Teasley Lane and north of Hobson Lane. The following land uses are proposed for the planned development: Single Family (SF-16) - 15.62 acres Density 2,2 u,hits per acre, total units 33 Single Family (SF-i3} - 24.27 acres Density 2,63 i:nits per acre, total units 64 Single Family (SP-10) - 46.91 acres Density 2,81 units per acre, total units 132 Tennis Club - 9.88 acres Single Family (SF-7) - 36.82 acres Density 3.53 units per acre, total units 130 Duplex - 18.32 acres Density S.S units per acre, total units 100 Cloister Housing • 29.91 acres Density 10.9 units per acre, total units 326 (The Planning and Zoning Commission recommends approval.) C. S-184. Petition of Peggy Bur,iside requesting approval of a specific use permit in a single family (SF-7) zoning district on a 2,1 acre tract located at the southwest corner of Sherman Drive and Hercales Lane. The property is more particularly described as 2321 Sherman Drive, lot , block 19 of the Nazarene Addition, if approved, the specific use permit would allow the operation of a day care center in a Single family (SP-7) zoning district, (The Planning and Zoning Commission recommends denial.) D. Z-1747. Peti:'nii of Allen Pierce requesting a change' ange in zoning from the multi-family (NF-1) and general retail (GR) classification to the planned evelopment (PD) district on a trait located on the west side of Bonnie Brae Street approximately the feet north of West Oak Street, If approved, planned development will peraif the constructidn and development of,a a6dical center and hospital, (The, Planning and Zoning Commission recommends"approval,) A t' 7 .S ' ° 8s Y r r hi' w r+ n _ ti i'~'bf `t ' 7 1 City of Denton City COUACil Agenda July 161 loss P41e pour B. Z-1748. Petition of Burke Engineering, represei%ting W, Lamont Brown, requesting a changge i,: zoning from the agricultural (A) classification to the multi-family (MP-1) classification on 6,822 acres shown in the J, Fisher Survey, Abstract No. 421, The property is east of Teasley Lane (FM 2181) and south C. f Bontoaks. if approved, the property may be utilized for any land use pa riuitted in she multi-family W-1) classification by the City of Denton Zoo ng Ordinance, (The Planning and Zoning commission recommends denial.) F. Petition of the City of Denton for annexation of approximately 115 acras of land being part of the J. West Survey, Abstract 1331, and :,eginning approximately S,000 feet north of U,S, Highway 380 East, and west of Rockhill Road (A-22), G. Public hearing on an ordinance amending Appendix B-Zoning of the Code of Ordinances of the City of Denton to prohibit petitions for the rezoning of the same pr;,peity for the same or less restrictive zoning district within a twelve month period after denial thereof, and declaring an effective date. (The Planning and Zoning Commission recommends approval.) 1. Consi_;ier adoption of an ordinance amending Appendix B-Zoning of the Code of Ordinances of the City of Denton to prohibit petitions for the rezoning of the sage property for the same or less restrictive zoning district within a twelve month period after denial thereof, and declaring an effective date, H. Public hearing on an ordinance adendin Appendix B-Zoning of the Code of Ordinances of to City of Denton to prohibit residential buildings and uses in all non-residential zoning districts, except the central business district; amending the area regulations applicable to zoning districts; providing for a maximum penalty of $1000,00 for violations thereof; providing for a severability clause; and providing for an effective date, (The Planning and Zoning Commission recommends approval.) it Consider adoption of an ordinance amending Appendix B-Zoning of the Code of Ordinances o ,f City of Denton, Texas to prohibit residentiai buildings , and uaea in All }'a '}y. 'y5 are' i+"'F' P F ♦ d v s d. : 4yt~'W. IDn i yt ry t eu 4`47WC E 'k ;'•i l{~YCa „ ~rEiff w ia`r Fz~}~R41i + ,1't y.L'.e d{; a City o£ Denton City Countil Agenda July 16, 185 page rive nonresidential zoning districts except the Central Business District; amenAin, th., area regulations applicable to zonin districts; providing for a maximum penalty of %1,000400 for violations thereof; providing a severability cause; ar.d providing for an effective date. 4. Ordinance A. Consider adoption of an ordinance acceptingg competitive bids and providing for the award of contracts for the purchase of materials,. equipment, supplies or services; providing for the expenditure of funds therefoie;'and providing for an effective date. B. Consider adc Lion of an ordinance accepting competitive bids and providing for the award of contracts for public wo.Ks or improvements; providing for the expend_ture of funds therefore; and ):rov ding for an effective date. C. Consider adoption of an ordinance providing for the expenditure of funds for emergency purchases of materialss equipment, supplies or services in accordance with the provisions of atate law exempting such purchases from requ!rements of competitive bids; and providing for an effective date. U. Consider adoption of an ordinance accepting the dedication by deed from Texas Utilities Electric Company of that portion of certain real property situated In the William Teague Survey, Abstract No. 1266, Denton County, `texas, as "described in said dedication deed, to the City of Denton, Texas, for the use of said property as t.' public street and declaring an effective dates B. Consider adoption of an ordinance setting a date, time and place for psiblic hearings concerning the petition of Miller of Texas for annexation of approximately 30449 acres composed of four parcels located north and south of PM 426, east and `west of Trinity Road, and south of Highway 380 Bast (A-23). N. Consider adoption of an ordinance and service plan instituting annexation proceedings for a tract of land approximately 258.66 acres in site being a part o the S. Myers Survey, Abstract 843 and the A. Miller Survey, P.~stract 887, and% beg nning west of Underwood Road, east of C. Wolfe Road, south of Jim Christal Road, and north of Tom Cole, Rose' (A•20, (The Planning and Zoning ,Commission recommends approvals) ~,.da Vii. s ti ` i`~. ~ 4.~' r ~ r n 19 e .t'~eR' t * 'r r F,ni 4 i~ 41 7 ~ 1 A +J' ~ , " 1 + as+i `c' ° q. r 7 IP v Y ' f Jf; 1 .1~_ t City, of,Denton City Council'Agenda July 16, 1985 Page Six G. Consider adoption of - an ordinance `approving ; an amendatory agreement between the city of;,Denton and Services Program for Aging Needs (SPAN); authorizing the Mayor to execute the agreement; approving the expenditure of funds therefore; and providing for an effective date. (The Human Resources Advisory Committee recommends approval.) H. Consider adoption of an ordinance approving an agreement between the City of Denton and., Freese and Nichols, Inc. for engineering cohsulting services in connection with the construction of upgrading the Water Treatment Plant, and providing for an effective date, (The Public Utilities Board recommends .a pproVal,) I. Consider` adoption of an ordinance amending the 1984-8S budget of the City of Denton, Texas by appropriating the sum of two hundred seven thousand and five hundred dollars ($201,500) from the unappropriated balance of the General Fund to account funds 100-004-020M-8938 and 100.005-01SM- 8966 and declaring an effective dater S, Re; lutions: As Consider approval of a resolution authorizing the City Manager to submit an application to the Texas Department of Community Affairs for the Texas Rental Rehabilitation Program for $100,000 of funding. B. Consider approval of a resolution accepting proposed Level ii funding for the Library from the Denton County Commissioner's Court for fiseil year 198S-86. (The Library Board recommends approval.) C, Consider approval of a resolution amending the current overtime Policy (106,04) and eliminating the current Compensatory Time Policy (106,00, D, Consider approval of a resolution requesting the United States Congress to exempt state and local governmental employees from the federal Fair Labor Standards Act. H, Consider approval of a resolution designating certain city officials as being responsible for, acting for, and on behalf of the City of Denton in dealing' with the Texas Parks and Wildlife Department for the purpose of participating in the Land and Water Connservation Fund'Act oV 1965; certjfX1a9sistanceeuhdet s°uchbenton is eligible to program. T"\I YY y H P I`II` ~n f y }{4 n k`. f !v J f:4J 1 q k',q A l' a"': d.4 c I°C A +CY - a M f. J a' lxd P. 1 ,~°ti~.. z~i ty'' o 'Sen 6h ciity` COuiic'il Uganda JiN1y' 16, 1985 PsgB Sven P, Consider approval of a resolution .in'- opp9JIiIon` to the President's tax proposa):s for municipal bonds. C, Consider approval of a resolution in'OppW tion to the propos6d decrease in Revk"nue Sharing','funds. H. Consider approval of a resolution approving amendments to the Benjamin Bennitt lease agreement of February 28, 1985 at the Denton Municipal Airport. (The Airport 'Advisory Board recommends approval,) 6. Consider ,approval of the preliminary plat of the Med•Tex Subdivision, Section 11, Lot 3s block A. (The Planning and Zoning Commission recommends approval.) 7, V-15. Consider the pet ItIoa of J. P. Haygood requesting a variance of Articles 4.03 and 4.15 of 'the City of Denton Subdivision and Land Aeveloppmmant Regulations requiring perimeter street and drainage improvements. his tract is 10.00 acres located at the northwest corner of Bonnie Brae Street and Payne Drive. The tract is described as Block 1, Lot 1, of the Life Tabernacle Addition and shown in the Francis Batson Survey Abstract 43. The property is zoned agricultural ~A) and the development of a church is anticipated. (The Planning and Zoning Commission recommends denial.) 8. Consider ratification of the City Manager's appointments to the Civil Service Commission. 91 Now Business: This item provides a section for Council Members to suggest items for future agendas. 10. Official Action on Executive Session Items:' A, Legal Matters B. Real Estate C. Personnel D, Board Appointments C E R T I F I C A T E I certify that the above notice of meeting wrs posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of 1985 at o'Block CITY -51JUISFARY 18440 t 1 ;4','n y ¢ " iy rk e+ ~ ' v 8 A'x ~ k r r y r~r +'trir r tr 1 dFhSj,p~ ,t i~ } 9 ,Z,h A 2~ V .fi As s y R s t ks c: t, ~yM1 tr yt rV t v e 't e t} y' `1~y} 77 j. ; L5 y tr r In k pentodCounty Commieeionera court Buddy Cole. County Judge Ruth Tansey, Commissioner Precinct 1 sandy Jacobs, Commissioner Precinct 2 Lee walker, Commissioner Preoinct 3 Sill Switzer, Commissioner Precinct 4 Denton Citg Council Richard 0. Stewart, Mayor, Place 7 Charles Hopkine, Mayor Pro TempOre, Place 6 Mark'Chew, Diatrict i Joe Alford, District 2 Jim Riddlesperger, District 3 Ray Stephens, District `4 Lonnie McAdams, Place 5 i TASX FORCE ON PLOW msmoRIAL HOSPITAL PROPOSAL AND RECOMMENDATIONS JULY 1985 j n r p i it M .wn" +ti y 4f F . nryti r i r. f i J r\ µE ~T 1 r 3 c tr. MLV 3 f °.?6`~ r A A R. ~FJ"a 4f~ h; 1 i* 1 n 1G~, l' r ~1,r l t~yt r5S ,e. FLOW MEMORIAL HOSPITAL TASK FORCE MEMBERS Jim Riddlesperger, Chairman Ruth Tansey Secretary Barbara Bowman Buddy Cole Jeffrey Hausler Charles Hoppkins James Killingskorth Dan Trammell Mary Henderson Williams i i `i 'I i I i i I i i I j pp ~w .T#~ e, p f n 8 A F 'T June 27? 1985 Dear Judge Cole, Mayor Stewart, Denton County Commissioners and Members of the Denton City Council: r am pleased to transmit to you today the roposal and recommendations adopted by the Task Force 'on Plow Memorial Hospital. Since the Task Force convened last.Apri i we have met on"an almost bi-weekly schedule to consider this:Vital community.iosue. The report we submit to you represents the culmination of our ' Task Force efforts, a product of the energy and creative thinking which my colleagues dawotea'to their work. Y believe you will agree that their conc6in',for. Plow ° Memorial : Hospital has resVltad in a careful consideration of all the mt:jor iesuess The support of Denton City and Counl.y officials, the Board and staff of Flow Memorial Hospital and community residents contributed greatly to the Task Force* Their consistent and professional response to Task Force requests is much appreciated. The Task Force proposes that the City of Denton and the County Commissioners of Denton County initiate the creation of a community•baeied► non-profit corporation for the purpose of leaning and operating glow Memorial Hospitals The terms of this lease and other agreements with the county and city would be developed through negotiations once plow Memorial Hospital has completed the steps required for qualification as a To.:ae tax-exempt corporation in accord with the requirements of the Y.RsS. These negotiations would determine the governance structure of the hosppital, the duration and financial terms of the lease and specific County/City obligations and protections during the'term of the lease. This proposal carries with it several requirements: enhanced management capacity, a greatly improved capital structure and a clear indigent care policy fully coordinated with the re- quirements of the laws our decision was difficult and we recognize that other ways might be chosen to deal with the issues confronting Flow Memorial Hospitals We boliove, however, that our recommended a proaoh Is the beat nption for the hospital as well as for the City of Denton and Denton County. k lL yq I 56 Y a . } ^ n~ l ~ I '.n ♦ i. r t i ~ .l 4~~ S:•-w4 ~~...r,~~' T~ a ~,~~I I Page 2. Task farce proceedings included the collection of data on hospital orgqanization in the state, numerous proposal re- view sessior,e, consultation with interested .Iparties , throughout Denton County, meetings with counsel for Denton County, and the review of written proposals from a bride ' variety of hospital organizations. in addition$'the Task Force developed ahalyt c projections of the finanotal and structural patterns most likely to confr nt Flow Hospital in an attempt to create scenarios for t'ai*hoepitni's future. From these investigationsand an,xlyses a set--if standards emergged for the assesement.of options before the'Task force. The informal criteria used to measure the advantages 'and disio advantages of the options for improving Flow Memorial Hospital includedc o A feasible time frame for making neededlegal and organizational changes at the hospital, I o Fiscal and management development at the hospital. o Hospital image and community support. o Accountability of the hospital to the City and County, o Ability of hoerital to develop enlarged capital structure. o Attraction and retention of physicians and paying pats %nts at. the hospital. o Responsive4mas to,oommunity needs in a changing and competA tive environment. o provision tf iW4ent health care needs. o potential fox .:?•onomic and operational diversi- ficatiohe o smoothness of traAsition to any new structure for the hospital. The use of these criteria allowed tho task force to consider all opti%ns for Flow Memorial Hospital and to select the ones most appropriate for its circumstances In Denton County. The Task Force tried to consider only options that would build on the view of the hospital as a community health center, while retaining its status as a publically-mod facility. J-, d ''F ~e l N Trf.R Y ! Y ~ 1 Y ! page 3. All major options considered were weighed, ao well, in•light of specific problems confronting Flow Memorial Hospital. Among these were: 1. reimbursement decreases affecting operating revenues. 2@ high volumes of uncompensated care at the hosppital. 3. limited debase. to capital funds. C the image of the hospital in the county 5, ageing plant and hospital equipment. 66 a need for enhanced management system capacity. 7a physician recruitment probleme. 8, need for a medical office building. With a full consensus that Flow Memorial Hospital cannot be sustained under its present circumstances, the Task Force narrowed its consideration to the following optionet Pf xg Lion Facilities Lease with a an emen Contraok 8nle of-the Hospital Management Contract with a prgprigtarv Corpora ion Manaaement Contract with a Non-Profit Corporate„ Facilities Leese to a Non-Profit Corporation with a Management-Cgntract Facilities-Lease to _a Local. Community-based Non-profit Corgontion wit a Management Contract t ~ yt rr "w ,.in r~a+~::+t Ta.r. L' y 1 1 t4 u'.'. ~N {+4. 1iPMn 1, r~4{pi tea'. I t.;{, ~ page 4. Lease-of-Facility to a Proy)rietagy Cor ) ri+Fln., u~LL 111 Lit d Management Qntraet The Task Force Viewed this arrangement, as advantageous for generating capital and for supplying 0,e •gspital with system resources. This arrangement poses'Aew problems for the hospital since it would place considerable management be aware decision-making power in the hands of people''who" of local >needs and dasirais ' Futttier`r issues remain about the hos.Atal after the lease'term1hates and the possibility that the lease might change hands. Sale of the Hospital This option seemed undosireable;~o the Task Force in light of the establishment of'Plow Aemo`tial Hospital from the estate of Homer Flow. The estate was 'con- veyed to the City and County of Denton with the Lntent to build the hospital, a matter opening the way forIpotential litigation (Law Offices of Don R. Windle, P.C.) Management Contract with a Prop ie arv Corpora i The Task Force considered this option an Attractive one for adding new system resources to the hospital. Exercising this option could be a desirable move, especially under fhe auspices of a non-profit, community-based corporate structure. Management Contract _Non-,U it CorAorat im The Task Force considered this opt on U be similar to,that of a management contract with a for profit corpbrAtion;' The option offers the hospital neu resource potential, but is best implemented under the au4+piees of a non-profit, community-based corporate structure. Lease of Facilities to a_Non-Profit QrRgra Lion with a MAnageMeAt Con raa tike the option of leasing the facili- ties of the hospital to a for-profit corporation with a management contract, this option offers capital and system resource advantages. However, such a lease could lead to decision-making not fully reflecting local 'needs and with an unclear future for the facility after the lease ender;,, y s a V .r t f'~ 4 f µ t .._X hY[ c r M1i: t} iV`i a~ 1} +Y Y ri 1'^[ sF=att W('.'.e4 ♦ 1'l it 51 i~w. e a~ ai T t .,f'a }Va IaA d 'Y: + • y'.; V } i. c, .--rt r t a.. rTi,g r page 5. Task Force members voted for creating a oomnuni y-bas4dpdhon- rofit corporation. The reasons for this deols on include the following o Local Control is Maintained, The City and County would appoint all hospital Governing Boards and be responsible for negotiating the terms of ;the lease' agreement. The lease agreement can be terminated upon a finding of cause and with reasonable n6tice by the agreement of the public authorities. The Task~Farce has recommended that the .corporation governing board directly select the chief operating o.ficer of the hospital. o Retention of commitment to ,,Adigent-- = P16W Memorial Hospital would continue too p'rnvide for indigent airs in accord with indigent care pions established to comply with the indigent "care laws the State of Texas. o Flexibility and AutonQmy is increased. A nonw profit corporation allows the hospital boards (see 11 proposal) to focus their full attention on the hospital. Such an arrangement would give the hospital the flexibility needed for quick response to changing conditions and, if required, to conduct sensitive deliberations in private. 0 cornorate-Divergification and service pay o With the development of a non-profit dorpot"ati6n considerable potential exists for the creation of subsidiary corporations to operate relevant businesses and services. This possibility would .a allow for the potential to increase hospital revenues. o Fiscal an mproyamignts. The non- profit corporat on fc+rn would Allow the Governing Board of the Hospital to contract with pro- pristary, non-profit and other hospital financial and management groups for ,cervices. in addition, the Governing Board of the Hospital could develop its own in-house team and team resources if that approach seams warranted. ~rh l kf {,.aw is ` N 1p ~y, ,1, t k r. 't Y a C a . tir > ?a S t page` 6. o gightaZPrivlleaeir.of Fmployess. Existing, employees would become employees of the non- profit corporation with assurances concerning wages, pos bone, fringe benefits and work conditions entertained in the lease negotii- tions, r capital structure navelg2Ment. Under the In- - created flexibility of the non-profit cor Lion status# the hospital would be free too a participate in additional capital development programs, ir?oluding hospitalrsvenu6'bonds► the acquisition and purohase. of property, partio pation in pooled capital programs, and the creation of joint-ventures., o Attraction for Phys clans And PatieriEs. The increased flexibility of governance and financial diversification capacity-allowed 'by the non-profit corporate statue of thea.hospital ;,hould promote a self-sustaining institutional orientation at the hospital. With improvements in the facility and its services, physician retention and reoruitwent should improve. similarly, marketing of the new+ long-tern,' program developments of the hospital shou?.cl'en- courage patients to choose ?low Memorials o goapital Tmagg..and Community 8uocert. h major isfurbishingg of the community image of plow Memorial cailo for support from nentori County and its many communities. Confidence engendered by the creation of a nonprofit cor oration committed to viable, long-term instil teat nal development plans can join with facility improvements to create 'A strong and compelling reason for support ftom the people of Denton County. u y .i 'x} w 'r. w d w rr ra !21' rY,, a ~'v w"e[ Y' .f A 4.. < w r T t r; G r at4 r °4 f page 7. ..f These represent the major reasons for the Task Force decision to propose a Community-besad*,, non+pofit corporation _ Thisrsolution, it should be em habizeat is not a panacsa for ail the hospital's problemaj J~rere ate also no pa nleas solutions and ail will; oili for.the; naking of diaticult choices, by the Denton County Commiesionets and the Denton 1O1ty Council. It is the belief of the Task : Force that `s non-profit corporation will allow community control of plow Memorial Hospital while retaining high levels of care and service at an institution Jesking to improve its effioionoy and cost control record. We hope that our work will assist decision-makers and residents of the county in their effort to assist plow Memorial Hospital. 8incerely yours, Jim W. Riddlesperger, Chairman Plow Memorial Task Force 77777 I Proposal page 1 LEG" gRaANIZATtON ANO FINANCIAL RESQUIL(MS Under the terse of this proposal, the City of Denton and the County of Denton would Organize and incorporate a Texas non- III profit management corporation for the operation and facility management of Plow Memorial Hospital. The community-based Cot potation (hereinafter "Corporation") would lease and operate the hospital under the immediate direction of a Governing Board of the hospital. The d,.verning Board would be the EX" ecutive Committee of the Flow Memorial Corporation Board (see appendix Z )and would be responsible for the day-to-day opera- tion and policy implementation of thtr hospital. The Plow Memorial Corporation Board will eatGbl.tsh overall policy for the hospital and select members for the Governing Board. The Corporation F,oaed would also be responsible for endowment development ir+ Denton County. subsidiary and/or ancillary corporations would be created by the Corporation Board as' needed to improve the financial viability of the Corporation and tho hospital, it is assumed that a professional managment team will be developed under, the new corporate structure. THi_PRO - -H ND_PROPOSED fiOLUTION Background Plow Memorial. Hospital has characterized its concerns relating to its future viability as the followings* A Pof ~ on Paper Regard in the i tion of Flow Ombrial Moupitai (February 9, 1995?. z: ,tC, t R x~ T Y~ rr 7' .r. 77 propbe+~i pago 2 A. Poor current financial position. 8. Limited capability to access capital. Co inability to effectively compete. D. Chanokoto patterns of health care delivery. These concerns developed for reasons that include the hospi- tal's role in outing for indigents, limited capital for renovating the facility and external, competitive pressures, Issues Competition and dynamic changes characterize the health industry today. Denton County is no exception to this pattern. The hospital in3uetry faces a levelling and potential decrease in its admission rates. Health Maintenance organizations and related health care structures can be expected to impact further upon the daily census of a hospital since their cost-control features ehift patients from in-patient to out-patient status while their preventive emphasis has a long-term effect upon hospital admissionso in order to meet the challenges of such a fluid environment, Flow Memor±.al Hospital must deal with issues that area 1) industry-vide, 2) institutional, and 3) organizational/ managerial. 'RVP c . d 'xD ^ r r.4r j!(~ ~ , s' r ~t r"~ ~:rY h • r] , r 3 Proposal page 3 industry-widee --Diagnostic Related Groupings (DRG's) reimbursement procedures roust be utilized fully to maximize reimbursements. -HMOO Independent Provider Agreements (IPA'$) Preferred Provider _Organizations, (PP0 s) and other forms of service provision call for hospitals to diversify and "un-bundle" their services. Preventive and wellness emphases in the population are reducing hospital admissions. ; --Multiple physician o*inions are now sought, often with an impact upon hospital Admissions. --Rising costs of hospital technology and staffing are now accompanied by pressures upon hospitals to reduce all costs► --Lower occupancy rates are a national trend and point-up the problem of excess bedss --Strategic planning, while necessary, is often undsr-cut by cross-currents in the economy, social mobility f.%-Mors and changing political patterns. --There is an ongoing demand for more detailed, sophisticated accounting records, systems and reports& institutional issuesi --Undor new Texas legislation, indigent care planning would be required and the hospital's role in the plan must be clarified to protect the operation of the hospitals --Currently, the hos ital must conduct almost all its negotiations, deli orations, and decisions in public meetings. --The need for up-dating and maintenance of ftcllities and hospital technology has hampered the marketing of new and innovative programs at the hospitals --Physician recruitment and retention at the hospital requires facility improvement, a growing role for the medical staff, and a sense at the hospital that long-term strategic plans are being pursued vigorously. --Plow Memorial Hospital is limited in its ability to diver- sify and respond to market shifts under Sts current orga- nizational and legal statue. --Governance flexibility at the hospital is constrained by the existing board structure at Plow. W r a.k 4tii.,} ..1 H> YO t'.v ~ .y. J'u 4 :!v ^x a r 5 } ~ vb.n ~ i proposal page A Local Organisational/Managerial issuest --Capital formation has limited the ability of the hospital to renovate and up-date its technology, diversify its programming and,modernixe its business systems. --Flow Memorial Hospital is not the sole provider of services in many areas, --indigent care and high levels of uncompensated care in general have severely constrained the hospital's operations. --The hospital operates from a largely stand-alone management structure wi,.y only a limited number of multi-faoility agreements. LOLUTION PROPOSED The Task Force proposes that the City of Denton and Denton county organize and incorporate a Texas non-profit management corporation for the purpose of operating and managing Flow Memorial Hospital. A community-based, non-profit corporation (deuoribed under "Legal Organisation and P'inanoial Resources," above) offers the City and County the appropriate structure and needed tools for development of a fisc.qlly sound and socially re- sponsible hospital which is capable of responding to today's intensely competitive environment,' Proposal page 5 This non-profit organization form would offer an attractive list of management options, inoludingi -Maintained-Local control. Governing Boards of the hospital would be appointed by the City and the County under terms of the-lease agreement. By agreement of the public authorities, the lease can be terminated. The chief operating officer of the hospital would bP selected by the Corporation Qovarning Board, -indigent Care Continuity. In accor~ Faith the new legal requirements Of the State of Texas, flow Memorial Hospital would pprovide for indigent care in keeping with the legal requirement to deal with the health needs of the indigent population of Denton County. -Greater _Hoagital_Plexi,bility and Autonomy. Under a non-profit corporation status, Plow Memorial Hospital's governing beards could concentrate their full attention on the operations and Listitutional development of the hospital. This flexibility would allow for a speedy response to changes in the hospital's environment and, if required, to conduct sensit ve deliberations in private. -Corporate With the development of a non-profit corporation considerable potential exists for the creation of subsidiary corporations to operate celevaht businesses and services. This possibility would allow for the potential to increase hospital reven~~es. . 1 1 6 rr ;fir ,M .f r L l PI M1,;y. T.L~•, „E,~..1 r h c:. r a , a > i r' _1 kY ( t' - r Proposal page b -piaaal--and Management-improyemantjU The non- profit corgo ration form would allow the Gover~Ang Board ok the Corporation to contract with prb- prietary, non-profit and other hospt,al finanoial and management groups f6r.64Vvices6 in addition, the Governing goNrd of the Corporation could develop its own in-house team'and team resources if that approach seems warranted. -Rights/privileges of 8mnlo___vee. Existing employes would become employees of the non- profi corporation with assurances concerning wages, pop tions, fringe benefits and work conditions' entertained in the lease,negotia tions. dRtal Structure Development, Under the in- creased flexibility c,f the nonprofit corpora- tion status, the hospital would be free to participate in additional ceipitol development programs, including hospital revenue bonds, the acquisition and purchase of property, and participation in pooled capital programs. -Attraotion_for Phys n- and_gatiants, The increased flexibility, of governance and financial diversification capacity allowed by the non-profit corporate status of the hospital should promote a self-sustaining institutional orientation at the hospitals With improvements in the facility and its services, physi6ian retention and recruitment should improves Similarly, marketing of the new, long-term program developments of the hospital should en- courage patients to choose flow Memorials i-HOOP.I.tal Image pmmunity auRgort, A major refurb Minq of the community image of plow Memorial tally for support fcom Denton County a,~o its Sony communities. Confidence att( n of a non-profit engendered by the or conp~ ration committo tb i4614, long-term inetil- tutinal Development plane cliff Join with facilityY mproftant~l to oteate a strong and copy `ill I reason fox support from the people of Minton Countys if4 AF.'' -777 t r Proposal page 7 pRO,QOSEn -1 The Task ;Force requests that the City And the County act without delay upon the enclosed proposal so that the following activities (at minimum) can be completed within the schedule proposed below. It is critical that a decision be rendered by August 10 19856 Ao iy tv* IrimeFrama!L 1* Organize and Incorporate Immediately* pursuant to Tex* Rev. Civ. Stat*, Art* 1396 (Vernon 8upp* 1985). 2* Non-profit Texas Corporation 1-3 monthss exempt status according to Tex. Tax Code Ann*► Sees 171.063 (Vernon 1902) * Activities parallel legal counsel provided by Don R* Windie► p.C to the Task Force. Timeframe items should not be attriL•uted to Mr. Windle a Cry. ~ ~L~ at x n Proposal Page 8 ec t--- lylu TSmf : afLl@ Pederel $mplOyer Identifi. Concurrent cation Number and Medicare Provider Number. Structure and Appointment of l month Governing boards Prepare maklagement/leas. 4-6 months agreement batween non-profit .Corporation, the City of CentOn, and the County of Denton. Select Chief Opezating Officer 2 months The oxact scheduling and sequence of these activities will depend upon policies of the City and County, but it is contemplated that the Corporation could assume the operation of the hospital approximately eight to twelve montho after City and County approval has been given. ,i ~h yia... fiti.(r A 1 1 . 1~•'"'~„"~'~'(• f''V w ~5 'l'S r 1 4j °a .1 G e a Proposal page 9 PROG Local Control and Corporate Philosophy Local Control Both the Corporation Board and the Governing Board 'of the hospital will be made up of county residents app infed by the City and the County. To assist in developing the local expertise required for modern control and policy direction of the non-profit corporation's activities, a Blue Ribbon Committee should be formed by the Task Force to oversee the negotiation of a lease agreement for the new cor- poration. The composition of this committee should enhance local control and should consist ofo 3 physicians of high standing in the county 1 memLer of the present Flow MemoriAl Board 2 elected officials (1 Cityp 1 County) 1 certified public accountant 3 community leaders, one with financial expertise 2 university representatives (TWU and NTSO 1 health planner 1 health administration representative 1 at-large consumer representative Tho aim of local control should be continuity of hospital policy and operation based upon a "tailor-made* c-)mmunity- besed non-profit corporate structure. When this approach r y Proposal page 10 is joined with the power of the city and County to cancel the corporate lease for cause, the ultimate control of the corporation is assured. Local control is further guaranteed by the City and the county role in appointing members of the two hospital boards. After the City and County's appointment of the initial Corporation Bostd, the City and County would receive suggestions from the Corporation Board for new board members and either approve or deny the recommended individuals. The City and County would retain control of the composition of the hospital boards while also receiving important input from existing members of the Corporation Board. Board members would serve staggered, three-year terms, with no member appointed for more than two consecutive terms. As was noted above, the hospital would have two community- based boardst the Plow Memorial Corporation Board and the Governing Board of the Hospital. The latter would be the Executive Committee of the former. Principle functions of the Corporation Board would bet (1) selection of the Chief Operating Officer of the hospital and establishLng other legally appropriate management agreements, (2) giving overall policy direction to the Chief Operating officer,(3) working to i^ 7 yY . T` tl t p 7 p Proposal page 11 Improve patient and community relations, and (4) promoting the development of endowment and fund-raising for the hospital. The Governing Board of the Hospital--in fact the executive committee of the Corporation Board--will be responsible for dayto-dAy operations. Local control of this body is asserted through the Corporation Board which appoints its membership and receives reports from the Governing Board pursuant to the Corporation Board oversight responsibility, then these governance arrangements are coupled with the audited financial and performance reports provided to the City and County annually, the strength of local control show+.d remain undiluted. Corporate Philosophy In keeping with strong community controls, the philosophy of Flow Memorial Hospital should incorporate a commitment to the health care needs of the residents of Denton County, To meet this commitment, the hospital must retain an equally strong commitment to high quality health care built upon the hospital's existing areas " of strength. To tha extent possible, Plow Memorial Hospital 'should cohtinue'` to expand wa"~i(%F Proposal page 12 its community outreach programming by locating services at the hospital that assist the broadest crojes-section c' the public in Denton County, It should remain receptive to City an6 County programs that can be housed at the hospital which encourage the public to better appreciate the community orientation of slow Memorial Hospital. Hospital Employees The Task Force proposes that the current employees of the ).capital become employees of the community-based, non-profit corporation. Current rights and employee privileges should not be disturbed as the hospital makes its transition from a publicly owned City/County hospital to the status of nor,-- profit corporation. Such a policy would eliminate dis- ruptions of services and reduce the concerns of the existing hospital staff. Xi fib' r ~ i r. Pry/posal M'! page 13 Rel.atedly, the requirement that the boards of the hospital be responsible for directly selecting the Chief operating Officer of the hospital promotes a connection between the hospital and the residents of Denton Countys even if the corporation eventually retains the services of 'a management firm with specidl expertise and a proven record, the re- sponsibility of the hospital boards for making this appointment ensure the continuity of local priorities in r, the management of the institutions Metrical Staff The attraction and retention of superior physicians is absolutely essential for Flow Memorial Hospital's standing in the futures Dynamic recruitment presupposes more than facilizv and teohnoloaical up-grading* in addition, the hospital ooards must establish institutional policies and long-term strategic plans that suggest an energetic, competitive future for the hospital. Actions will speak lcgdest in this areas The opportunity to practice medicine at the hospital in a well-organized, efficient and creative environment will be Assential for the insti- tution's long-term progreass lid, ~e 5 rJ `r }}o,_ Proposal page 14 indigent Care Recent legislation makos it clear that indigent care must be carefully planned by elected officials,. Once the long-tango indigent care plan has been established, the hospital will fulfill i0 full obilgations for the pro- vision of emergency and non-emergency health services for the indigent persons. Management Systems and Services Consultants for Flow Memorial Fospital and members of the i Task Force have noted major areas for improvement which might accrue to the hospital once it begins to operate as a non-profit corporation. Whether these improvements could be obtained either from management firms or through other methods remains an open question for the boards of the Corporation to resolve. Management Systems Improvements Of special concern are systems improvements at the hospital. Software appropriate to maximizing reimbursements through computerized DRd analysis and other changes !.n federal roiiabursement arrangements it needed at plow Memorial, in additior,j r~taputer hardware w th' capacity editable for both .~:-~^R:IIWV y a! r~ 1R~ v~' ~d d' AY> n- T"r i~ d y 1 ~~,e !y i .4trt.~ .+UhV'' v` { j b 4 Proposal page 15 records storage, retrieval and management as well as for financial analysis are lacking at the hospital.: early in the operation of the newly established non-profit'corpor-1 ation, these management system heads should be addressede in addition to these system developments, the Task Forca recommends that any additional agreements suited to the achievement of, scale economies be examined and entered into if found prudent. Strategic Planning Within a reasonable time horizon, increased strategic planning can benefit the hospital. A special Task Force or other working group should be established to implement the ?tow Memorial Hospital Master Plan with the aim of exploring a Plow 2000 Project. Obtaining an industry-wide, perspective for the hospital's planning process should be high on the iibt of objectives for the nev boards and admibistration of the non-profit corpor- ation. ' i s +r L yr y.A ~e MC ! r,i A ~hvt l 1 1~ ! k 6 krv'^<4Y' w l~ ~i„'k t 5:ii r : rP Proposal ,.page 16 Among other management system needs for the Corporation may be a marketing division within the area of Community Relations, such a division would enhance the ability of the hospital to survey community and physician vttitutdes, develop marketing plans, and identify new services and market groups, the division could also woik closely with outside consultants to develop inhouse strategic plans. As the community-based, non-profit Corporation establishes 'a and improves the hospital's overall image in Denton County, progress made in developing a stronger market share for hospital programs should be carefully monitored and reported to the Governing Board of the hospital. Physician relations and the needs of patients must bn^.ome an essential featuro of the hospital's expanded marketing activities. EJucation and Training The community-based Corporation should maintain and expand educational nEP liations in selected areas identiLied by the Governing Uoard. This effort should encompass both patient atd rtaff education. While these undertakings may be viewed as a feature of the hospital's long-term institu- tio4al development, they should also represent attempts to raise employee morale and improve the hospital's flexible staffing arrangemento. Finally, on=going eddoatioh and A i-0tis bk~ ~ 'i rE v~'CF :M I t ~r-a , T r > .s' Proposal page 11 orientational programs for employees and for the Corpor- ation's Board Members should be coordinated with Texas woman's University and North Texas State University to furnish the latest information about health care industry trends and other relevant issues for the hospital. Quality Assurait~sa Program The non-profit Corporation boards should recognize the importance of fully funatiQning review systems for en- suring public trust. The Governing Board must fulfill its quality assurance function by expecting accountability from the Medical Staff and the Chief Operating Officer. All findings and recomrrendetions as well as other reports and quality assurance correppondence are to be viewed as confidential peer review dot:wentn under the purview of Texas state law. 1- , v l Proposal pag* i8 Contracts and Current Programs The Task Force proposes that the community-based non- profit Corporation honor all existing contracts, in llwti4g th"s pertainit4 to physicians", facilities, Wis" owIms medical supplies, dollfstions, etc. asgsultanta to the Flow Hemorial Hospital have A+t+N tot in existing Board, the full range of services now 91ftied by the hospital are essential parts of the herspitWo service to Denton County. A wide mi oe of s rti"o &.s #tograms will be critical to the future of IPOW VWtial. The Task Force proposes, therefore, that WW Corporation teLain and expand existing iospital sotvices. Interim funding Interim funding at levels appropriate for the hospital's transition to the status of a icon-profit, community-based corporation is an obvious need for Flow Memorial Hospital. P1, ~ Y~, z n4 ~ r t r W ~ ~ F~ t n y'1. 7 r1F , J v ~ ♦ 4 F.. h , ir3fiv f x. 'S ^ p J , d?, F yi, v ts'r: 1t 41 i r'wA Proposal page 14 Coholusions This proposal embodies the recommendation of the Task Force that Flow Memorial Hospital be transformed into a community- based, non-profit corporation. While ouch a reorganization is no panacea for the hospital and its owners, it should reprosent a major step forward toward a hospital policy of self-sufficiency. It is the position of the Task Force that a non-profit, community-based corporation will permit the local control desired for Flow Memorial Hospital while retaining high levels of quality and efficiency at the 3.nstitution. F iM,~ Y )yjy'.S' J eik `v..: 5 it M, nz, ' Proposal page 20 APPENDIX Y 501 C/3'GOVERNANCB STRUCTURE 1 HOSPITAL CORPORATION BOARD ----rrr........... I -Setting Warall Hospital Polioy I I -Selects Chief Operating Offioer of Hospital I I -Chores Executive Committee (Governing Board) I ! -Patient and Community Relations I -Hospital Endowment Program I ~ I I I HOSPITAL GOVERNIN-3 BOARD 1 Responsible for Day-to-Day Operations At the Hospital j~ I I ! I I I I f ! f f 1 I I I CITY OP DENTON AND DENTON COUNTY 1 Appoint initial Corporation Board -Can W04 lease'for cause and after reasonable notius -Retaili `agotta of 'he 1 ospital Corporat16no -Receivq` audA ree A4 Arid hospital performance reports. Y~rcaS l n,' , 777 j Y YEN":J tr+i+ If MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566 8200 MEMORANDUM t0: Betty McKean Assistant City Manager Ff04: Kathryn Usrey, Director Personnel/Employee Relations MTE= July 10, 1985 ,*"CT: Council Agenda Items I have placed an item on the Council agenda for July 16. It is a resolution to eliminate the Compensatory Time Policy (106.05) and to amend the Overtime Policy (106.04). The following is a brief summary of the changes and inclusions to the Overtime Policy: 0 In the policy statement, overtime hours were ganged from eighty (80) hours per pay period to forty (40) hours worked per week. 0 Under Overtime Pay, a statement was added indicating that holidays, vacation leave, and sick leave are no longer considered as actual time worked in determining eligibility for overtime. o A paragraph was added to provide for discretionary time off for all exanpt employees. o Under the Ac#ninistrative Procedures section, authorization for overt{.me ,pork must be in writing. Under khe Civil Service portion, we added a statement that directly relates to Fire Civil Service employees. Overtime will be determined on a twenty-se,.en (ri)-Wy work period within which 204 hours must have Leen worked. o Seasonal and temporary employees are now eligible for overtime pay. If you have any questions regarding these policies, please let mL know. Kau yn s y, .xector Personnel/Employee flat ors 2642P/OO88P J) STS 71 v 4~ " w .i` e s 5~ f :~s l c ~'4u - r ti .i r Y 1, 1 1%~ ar d Y~;. v ~1. ur r'~. ,nI .~M~,~.N .AI °Qe. ik r~'uly f,r CITY COUNCIL REPORT FORT T0: Mayor and Members of the City Countil FROM: G. Chris Hartung, City Manager SUBJECT: 'POLICY CHANGES AMID PEVISIONS RECOMAENDATION: Faeocmnend that the Council approve a resolution that will eliminate the Cacrpensatory Time Policy and amend the Overtime Policy. i ' M Y: Elimination of the Ccapensatory Time Policy. Revisions an3 additions to the (,.vrtima Policyt 1, Overtime based on 40 ';xz* worked per week. 2. Holidays, vacation leave, and sick leave not considered in determining overtime.' -BACKGROUND: These proposed changes are necessary for the city to be in conpliance with the Feir Labor Standards Act. PROGRAMS, DEPARTMENTS OR GROUTS AFFECTED. All City Employees FISCAL IMPACT: UNiQICM i Respectfully submitted: . i at City ,4anager Pre red by: AWAA- ~m . 7it3 Ap ed. Name Title a iLI'.t y,~Wd S .r'i J M ~J' x 9 .yL T+~ N a 6' 4 ~y '4, +x.n 4[.N n r f ; Y t ~°jyv' ;T1 a +i +1 7 ~y 'i. C12'Y CXW-IL ~{i.CO T y*p N~.{tJ. • i vu l► 6, 1985 Page SM"Y Oont'd.r J. 'biscreticnary time off for exempt enplo ees. 4. Authorization for overtime must be in writing. 5. A 27-day work period has been declared for the Fire Department in which hours worked in exoess of 204 hours are paid overtime. i pi 'f V 117 Y 4r tl ~r f I n M1 Y Y Y M1 ' yh t ! ~ N ` ~ s ~ E ~ Y M1.t d ♦ r . ti J T~ ,.V. 17 R E S.O L V T I O N WHEREAS, the Director of the Parsonnel/Employee Relations Department for the City of Denton has presented a proposed policy regarding employee rules and regulations for the Council's consideration; and WHEREAS, the City Council desires to adopt such policy as an official policy regarding euployment with the City; NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAI: SECTION I. The t ha is hereby adopted pass n, official policy ofdthed City of Denton, Texas: Overtime (Reference No. 106.04) SECTION U. The foregoing policy is attached hereto and made a part hereof and shall be filed in the official records with the City Secretary. SECTION III. The Employee Rules and Regulations of 1976 adopted by Resolution of the City Council on February 1, 1977, and the Overtime Policy adopted September 18, 1984 are hereby rescinded to the extent they conflict with the foregoing policy and with ■ny administrative procedures and directives issued under the authority of the City Manager implementlag the policy hereby adopted. SECTION IV. That Policy Reference No. 106.05, addressing compensatory time, is hereby, in all things, rescinded. SECTION V. This Resolution shall be effective from and after its date of passage and approval. PASSED AND APPROVED this the day of , 1985. RICHARD 0. STEWXKTt MAYOR CITY OF DENTON, TEXAS ATTFSTi CMLOTTE O CITY S ECRETAKY CITY OV DENTON,TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS . BY: '.Ek^. T~ NT s a w H. a~~1tt M ~e IY 5 rOLlbxf Dyti2llittAtlS►t tsObhriyar/AAk1t11l7kA?!Vk DRECTIV2 SECTION: RE FINCH 1 NUMEER: _ oseewwss i iYflf 1fYTf CYf►TT11YQ - - - i 100ECTIVE DATE. i t16J E CT: , WAdI! ANQ cALAVY P .au .....,rte MOM! TIr:E: e .QTwv 9-18-e4 POLICY STAT an'. The City of Denton requires amployeag to cork overttme when necessary and ae requested by the supervisor, Overtime to detnted as }tithortte-I time worked which exceeds 40 hours par ar:k week. Overtime for lire (civil service employees will be calculated based on the maximum number of hours for the declared work period. employoes who work overtime without authorization from tha!'r Immediate supervisor will be subject to disciplinary action, Overtime on any job shall be allocated as evenly as possible awing all employees quali- fied to do the job. EUpervisors shall make every effort to schedsle overtime as for in advance as possible. Supervisors shall be held responsible for ensuring that overtime is assigned only when absolutely PAicessary. The Personnel Director is responsible for., maintatntng the exempt/norc-exempt status of all City positions. Overtime Pay A, NLu-examrt etnploYees will ba paid at the rata of one and one-half times their to rate of pay for authorised ovart'.ime._ Overtime will be paid for all additional time worked to the nearest quarter hour. B. Regulac part-time employees will not receive overtime pay until the number of Tours actually wrked exceeds 40 hours per work week. C. :?oltdays, vacation leave, and sick leave are not -orksldered actual time worked and ure not included in computing hours for overtime pu.poses. D. Exempt employees are not eligible for overtime pay. These employees will sorAtimes be required to work more than the normal 40-hour week without compensation due to the nature of their job duttert. Supervisors of exempt positions will determine occasional disetotionary time oft, based on work load, for hours worked In excess of 40 hours per wefk. Discretionary time It defined as flexible time tiff which is approved by the immediate supervisor and does not equal or exceed the nvaber of extra hours worked 416 i l - ear t r.'e t r n. " +'x t y, i yy I~ ,n R DLNTCN, TEXAS MUNICIPAL. BUILDING f DENTON, TEXAS 76201 / TELEPHONE (817; n6-8200 MEMORANDUM T0: Bett'! McKean Assistant City Manager FFCM: Kathryn Usrey, Director Personnel/Employee Relations DATE: July 10, 1985 SUWECT: Council. Agenda Items I have placed an item or, the Council agenda fo:- iuly 16. It is a resolution to eliminate the Compensatory Time Policy (106.05; and to amend the Overtime Policy (106,04). The following is a brief summary of the changes and inclusions to the Overtime Policy: o In the policy statement, overtime hours were changed from eighty (80) hours per pay period to forty (40) hours worked per week. o Under Overtime Pay, a statement was added indicating that holidays, vacation leave, and sick leave are no longer considered as actual time worked in determining eligibility for overtime. o A paragraph was added to provide for discretionary time off for all exempt employees. o Under the Administrative Procedures section, authorization for overtime work must be in writing. o Under the Civil Service portion, we added a statement that directly relates to Fire Civil Service employees, Overtime will be determined on a twenty-seven (27)-day work period within which 204 hours must have been worked, o Seasonal and temporary employees are now eligible for overtime pay, if you have any questions regarding these policies, please let me know, 14 iKayn yo rec or Perso(v oll/E'mployee Fela ens 2642P/00$8P City Cguncil Minutes I 'June 25j 1985 The Council convened into the special called meeting at 5100 p.m. in the Council Chambers. PRESENT: Mayor. Stewart! Mayor Pro Tam Hopkinsr Council Members McAdams and Stephens ABSENT: Council Members Alford, Chew, and Riddlesperger i The Council considered a letter of request from Fist Southwest Company to submit a proposal W the purchase of t10,000,n00 General obligation bonds. Council Member Riddlesperger joined the meeting, McAdams motion, Stephens second to approve the letter of request from Qirst Southwest Company. Motion carried unanimously. 2, The Council received the bids for $10,000,000 City of Denton General Obligation Bonds, Serlaa 1985. Pra,:k MedanicA, re resentcng first Southwest Company, reported that seven proposals had been received. He read the name of the firm bidding and the net effectivo interest rate, Effective Name of company interest Rate RepublicBank, Dallas, i Assoc, 815100441 Council Member Chew joined the meeting. coldman Sachs 6 company 8.4459851 Bear Stearns i Company and Associates P,563b751 Council Member Alford ;oined the meeting. Lovttt Mitchell Webb i Garrison, Inc, 8,5451221 Chemical Bank, New York 8.54521 Inter?irst b:nk Dallas, i Assoc, 8.61761 Salomon Brothers and Assoc, 8.55161 Riddlesperger motion, Stephens second to receive the bids, motion carried unanimously, The representatives from 8iret Southwest retired from the meeting to tabulate the bids. Agenda Item 4 bras moved forward in the agenda order. 4. The following items of new business was suggested for future ,agendas. Mayor Stewart suggested that the Council discuss the chatter Revision Committee at the next meeting, Mayor Pro Tem-Hopkins stated that he felt a work session should be held at the next meeting to receive feedback froe the staff and tht Council, The Staff and the City Attorney's Office sho`ild present their recommendations to the Council before the apfeintmtnt of the Charter Revision Committee. YA 11 aA J 1A JI n,f 9 ~lth~ Y r s l 1 r . A J X v CC;f I~ .PI Cl Council Minutes of June 2S, 1985 Page Z Debt& Drayailtch City Attornby, atated thAt several Charter provisions had been preempted by state law, and this could be reviewed on a chapter-by-chapter basis. Council,, Member Chew stated that he wanted to know what direction the Council was to give to the Charter Revision committee, Mayor Pro Tear Hopkins stated that the staff could make recommendations to the Council and to the committee whether the Charter Revision Committee would use that information or nrt. The Council should consider recommendations before the committee was formed. Mayor Stewart stated that during the last Charter revision, the committee had been appointed and turned loose. The Council then went before the committee with their suggestions, The Council had discussed, at their planning retreat, that the Charter should be revised so that ordinances would conform to the state law. Other things to be reviewed vote voting procedures and voting districts, the clarification of the issue of six-year maximum, terms on the city Council, and pay for council members, Council Member Chew stated that a work session was needed to discuss these issues, Mayor Stewart stated that the Council could not do anything until the Charter Revision Committee had been l.ormed and had We their recommendations. City Manager Chris Hartung stated that the staff would not be ready with their recommendations for the July 2 meeting, Mayor Stewart stated that, at the next meeting, the committee should be appointeC. Council Member McAdams stated that she felt tht Council needed to discuss various issues before appointing the committee. Council Member Stephens stated that, durir,q these discussions, the staff could give the Council their time line for when Council would receive staff suggestions. 3. The Council considered adoption of an ordinance authorlsing the issuance of City of Denton General Obligations Bonds, Series 1985, and approving and authoti?ing instruments and procedures relating thereto. Frank Medanich, First Southwest Company, stated that the bids had been tabulated And were correct, first Southwest would recotmend the Council accept the bid of Goldman Sachs, Paul Horton, McCall, Parkhurst, 6 Horton, Bond Cov sell reported that the bids had been tabulated, and it had been found that the proposal of Goldman Sachs was the best bid. The ordinance had been examined by his law firm and the City Attorney, He recommended approval of the ordinance. The following ordinance was preeentedr NO. 85-126 AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY Of DEN,TON GZNRRAL OBLIGATION BONDS, SERIES 1985 AND APPROVING' AND AUTHORIZINO' INSTRUMENTS AND Pitocibuxle Rlli.Arlyo THRtZ'f0. NoppktUU motion, McAdams second to adopt the ordinance. On roll can vote McAdams 'aYe,* Hopkins 'aye,' Stephens *aye*$ Alford 'aye,' AlShcasperger iaye,' Chew *c~►s,' and Mayor Stewart 'aye.* M,)tlon carried unanimously. W • ,.1 k P4y j.; a 7yg 5, fi .,a 1 C4Y Council Minutea of 'June ZS, ),985 pliye 3 Council adjourned into executive session' to discuss legal M. .191,, re.: -state; personnel and board APPointmenta. b. The following offioiel tssaw 00i executive session items was made. McAdams motion, Stephens second to approve the boards and commissions appointments. Motion carried unanimously. AIRPORT ADVISORY BOARD: Don Williams 1985-86 Frank Hayward 1965-87 Lee Keith 1985-87 Gene Wright 1985-87 BOARD 0 ADJUSTMENTS: Clovis Morrisson, Jr. 1985-87 Merlin E. Les 1965-87 Janeda Pepioe 1985-87 Quinny Self (ALT) 1985-87 Deborah Darley (ALT) 1985-87 BUILDING CODE BOARD: Bob Miller 1985-87 Johnny Mosingo 1985-87 Cliff Reding (ALT) 1985-87 CABLE TV ADVISORY BOARD: Judith Abbott 1985-88 CITI$EN'S TRAFFIC SAFETY i SUPPORT COMMISSIONt Bruce Cl,anberlain 1985-87 Doris ChIpman 1985-87 Vivian Ecwards 1985-87 Gene Gohlke 1985-86 John Thompkins 1985-87 COMMUNITY DEVELOPMENT BLOCK GRANT COMMITTEES Birdell Carstarphen 1985-87 Lovis Price 1985-87 Lucy Campbell 1985-67 Connie Wells 1985-87 DATA PROCESSING ADVISORY BOARD: Charles Ridens 1983-87 Ray Pittman 1985-87 Lee Bossert 1985-86 DENTON HOUSIVO AUTHOR:TYt • C.H. Collins 1985-87 Patrick Emmott 1985-87 Elinor Hughes 1985-87 ELECT ,jol, CODE BOARDI fete Chumbley 1985-87 David Hoenig 1985-87 Richard Cooper 1983-87 Jane McBride 1985-86 Clyde McWilliams 1983-81 • Appointments to the Denton Housing Au0ority are node by tha MAyor. 14 MR City co'u'ncil liinutt's of 4 urae'950 '198~ ?age 8 STORIC LANDMARK CoMMIBSIONI Mike Cochran 1985-87 Kathryn Conrady 1985-$7 Michael Lawrence 1985-87 Sam Marino 1985-87 Sandra Matthews 1985-87 Callen Dickey 1985-87 Yvonne Jenkins 1985-87 HUMAN RESOURCES ADVISORY COMMITTEEI Linda Brock 1585-86 Karen Connor 1985-87 F';?liam crouch 1985-87 Bob LaPorte 1985-67 Don Pickens 1985-87 Irene Price 1985-87 Ruth Tansey (Ex Officio) 1965-87 Jim Rlddiesperger (Ex Officio) 1985-87 LIVARY BOARDS David Speck 1985-86 Sarah Lockhart 1985-87 Georgia Caraway 1985-87 Victoria Roberts 1985-87 Ray Stephens ;Ex Officio) 1985-87 PARKS AND RECREATION BOARDS Mike Campbell 1985-87 Rita Pilkey 1985-87 Willie Hudspeth .985-87 PLANNING AND ZONING CORMISSIONS R. B. 8scue, Jr. 1985-87 Euline Brock 1985-87 ThonAe Pearson 1985-87 Keitl% Appleton 1985-87 ~ PLUMBING AND MECHANICAL CAE BOARD: George Becker 2985-87 Bob Sullivan 1545-87 Bill hurley 1965-87 PUBLIC UTILITIES S2hRD: John Thompson 1985-89 108fea, 477 y`,°r y 7~7 i77.".T~~,yL to .l .r6 DATE; 6~j1~/BS` CITY COUNCIL REPORT FORMAT . TO: Mayor and Members of the City Council FROM: G. Chris Hartung,'City Manager SUSJECT: Preliminary Plats RECOMMENDATION: The Planning and Zoning Commission recommended approval of the following preliminary plate at its meeting of July 10, 1985 by a vote of 5-0. 1. Davis Equity Realty Addition, Lot 11 Block 1 2. Dunton Manor Estates Addition ,may .,,rr 3. Teasley Center Addition► Lot 3, Block 1 4, Teasley Center Addition, Lot 20 Block 1 SUMMARY: BACKGROUND: PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: FISCAL IMPACT: keapectf ly Vubtted: • UP ; rung Civ".iuhager prepared by: k~'z Denise Spive Urban Planner APpr ed a p 0l rector R"P annin's and Cow2unity Develrapmant 71 t .f i xf p c~ ' t r ^ { c `_F'.. fa"cyw, r , r 'Y v . 1 ~5 :••a P t ` ° ff CITY COUNCIL AGENDA BACK-UP SUMHARY_ SHEET MEETING DATE: July 16, 1985 SUBJECT: Preliminary plat of the Davis Equity Realty Addition, Lot 1, Block 1 SUMMARY: This tract is 7.4 acres locatod at the northeast corner of Highway 380 and Gay Drive. This tract is shown in the Robert Beaumont Survey, Abstract 31, D3nton, Texas. The property is zoned` general retail (GR) and retail development is anticipated. City services and facilities, includin water, gas, sanitary sewer, telephone, electrical, and solid waste aro available. ACTION REQUIRED: Approval of the preliminary plat RECOMMENDATION: Tho Planning and Zoningg Commission recommends approval of the ,?reliminary plat with the con- dition that sanitary sewer useage be limited to six toilets until the bottleneck on University from approximate job site to Malon6 is relieved by a parallel sanitary sewer line, ATTACHMENT: Reduced plat !/vLx~av en se p v Urban Planner 1241g,' 7 -44 { 1 SJ Sri-~ r,.' t. ' f I IL AM i C. R 5 T r r `a T•D4'C,~' bt'1.~ ",iv •1 fit' ' bQ(~~ffi r6N pwY dlN~ ti 'iL - Lost, 14". to f• , I I r ~ r a .r I 1 }#;w J ~I N10N 1 3'r Ila A"- r 100'tR ~!'e j Ti~Jrl _ 1 1 x y x , el'o IN X4 DOW 4 F'b pb: r ll. EI Y, 19l~b (UMIVp- Vr-r_.-'[7TZ'.t%.fVL) IF "y 'r~tt ~ y j { J 44 , 777"' '1. r AA'fTr~~ +f~~ s ~ ~Y ~ ~ , r ~ ~ T ~~~IT~TL~T`!GN ' ` ~ T a ~ 1 ~F{+f,t^M1: ~i ~ dt. ~ }Y dMT~, NfdMl i ~~tAl ' ~ ~ ,'K• , ~.1 `1fi rr,+ 11'•i , ! 14% 0 4p 1 ? r CITY COUNCIL AGENDA BACK-UP SUMMARY MET MEETING DATE: July 16, 1985 SUBJECT: Preliminary of Addition plat o. the Duntoa Manor Estates SUMMARY: This tract is 62,4 r,cres located on the vast side of P.M, 2181 aL roximately 11407 feet south of Hickory Creek Road. This tract is shown in the S.A. Venter Survey, Abstract 1315, Denton, Texas. The property is located outside of the city limits and primarily residential development is anticipated. City services and facilities, including water, gas, sanitary sewer, telephone, electrical, and solid waste are available. The plat conforms to the minimum requirements of the Denton Subdivision and Land Development Regulat•icns. ACTION REQUIRnD: Approval of the preliminary plat RECOMMENDATION: The Planning and Zoning Commission recommends approval. ATTACHMENT: Reduced plat Den se p v "i- Urban Planner 1097a Li 1 ti• 1. •r I■ 1 of d A so too so 0 MW /I ~~~~~FFFF • r r • / 1 A TI0111 IYATIT A -3P OOM 1 TOTAL M 057 WA KM XT11', LOS. TAM•, mk i r p r f f. fTIIW fWYepAw!tl"li SIMS, r T i r/ r ~ ~ i 1 NYf~tN it ~MI..yr Y1y I {Ai , 1 • r, r q I S 1 * !li'M 11tIf.7K L!■l. Y i , t / I Y A s kw i 400 • • i ♦ A ♦ M rr • r A • • • A A d • • / 1 lo YI M t • A NAI • • M r/ 1 / i 1 1/ 1 A w 'J r A • r • ► •1 r• d o N• r r• w r. A• S ~ rr 1 ' h • • • t • I W • 1 I~i. ~ 1 l '03 I 1•bRAr IAIMd ' ' S I. ' { NMI M~ r ! r y drop. t .•A ""doom" SLAV 4 buRTOM MAW t"A"m ~'YI g3'1s'~< 1 1!414 b. JJ ♦ + ~~-1.yry^~yy~~~py~ 71v k I. A. vwg4 PM•OV 4 r 111/ Y( "~1 .~:ra lRat" "a", III.$ /IIIfVfI~ WA 1d A! : 1 01 4A■.I■.~~r~yy.•~r.. y..r r... .Y A ~ ~R.':nr { # ix y[t vi P ( ky ~tnJ i ~ ~ t p r+ r* '7 t _ ,pr t y R p' is CITY COUNCYL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: July 16, 1985 SUBJCCT: Preliminary plat of the Teasley Center Addition, Lot 3, block 1 SUMMARY: This tract is 0.79 acres located at the northwest corner of Teasley Lane and the I-35 . service road, This tract is shown in the s, C. , Hiram Survey, Abstract 616, Denton, Texas, The property is zoned commercial and t;ommercitl development is anticipated, Ci':y s6rvices and facilities, including water, gap, aanitary sewer, telephone, electrical, and solid waste are available. ACTION REQUIRED: Approval of the plat RECOMMENDATION: The Planning and Zoning Commission recomends approval. ATTACHMENT; Reduced plat eD ntse S ve Urban Planner 1202g M FM Ab~ Mr L 1 Y MAP Polo Park Asiotfalll Vol. 1401 Pg. 762 1101, / Ir y M tt l4•l1'l1• ■ 10111 r1 Lr Polo Pork A410tlo111 1 Apo (to a k 1..1 Vol. 1402 P4.712 r ~"A` / \ BLOCK l LOT 3 Y / rr so / , ~Mqu,l ` 0.7]4 ACiH MA•314A. 110104 I LA " ACCESS EAsptlfrT 0.041 Atrn a.w 1 Sel.r Iw1 k,a,a •/MIr .00 '•I'rrrs._.~ ralLr 1--"'r•M 1»ta5 Mx 11,• , m~1 ~r I fM I/r1~11r~f War yarrrrr.~.~~ IIf1a1 M 1. ITTI r+E> LIM, TNN falp _0106 _ =r'! '1~Mi fill ll v111'.... LI.!1'~M ,11111 ',lf. l/.If-~1~ ~'~'i.'A~~ Frw !r 1 If Ow 11 if PAELMIPIARY PLAT . +...1 1 MUM Apff-a-mm ,rte 111. --49A5Lti- LAME (PM 2181 too 1"4 lllwl e.•r l+ti 141/1 •e+u 1It1 DMIN • MIM ?MW C•C rwal CIM•11 DMI 9/~ r... .~~w1 I•M. AA l1Y elm '1011' W, 4 i~ y a p P v F'k4)Pr i v 1~ d N'x J r' Y >r tt1~~ RyS 4 k yjX i I Fr .x~ '~T♦ ~ u ~ ~.~`i.{ ~ 4:', r ,x ~ ?,7}. fl i ~,by J a e}~ ' r ;(j~ f ~ rat N"iY ~ t"'r,~ n i C s ~ !1y ]1 f 1 e i i~ 4 4 >e i CITY COUNCIL.AGENDA BACK-UP SUMMARY SHEET MEETING DATE: July 16, 1985 SUBJECT: Preliminary pint of the Teasley Center Addition, Lot 2, Block i SUMMARY: This tract is 0.5 acres located on the west side of :gasley Lane approximately 760 feet north of I-35. This tract a shown in the A. Hill and S.C. Hiram Surveys, Abstracts 616 and 6231 Denton, Texas. The property is zoned commercial and commercial development is anticipated. City services and facilities, including water, gas, sanitary sewer, telephone, electrical, and solid waste are available, The plat conforms to the minimum requirements of the Denton Subdivision and Land Development Regulations, ACTION REQUIRED: Approval of the preliminary plat RECOMMENLATION: The Planning and Zoning Commission recommends approval. ATTACHMENTS Reduced plat zold Denise s p vey Urban Planner 1098a y~ z' 4~10 /l Sf/ rLL Wr w..1, MIrMrr11M M/ ~NrMI..IMN jR~~~ ` Vol 74-f /e/ I u wy w.l 44.41.. w/ 1. 19", r W-0 r1«wl, i for MW~wrYY1~11Myy« Mwy. -wr. /G O/ M / •IN+I «Hn 16" -M ~ row w I.nM .I W rM iS- oy.~ ~1I1!~111.y1.IM1 N/1./ rv + NMawf f.,_ ~~i1~.{{f W~ 11 • >I1M. 1M NMII "I" Yn.y V~ IIw mm~ L] I wW 1ZY tow doo 11 look 71 \ ~p 1 7 66l +i1~~ 0141/ y~ Y'wot 4 7 A'" Cs %I Lot uN.N of 1.4 /..1 M / In h11" q: .7 S'.~ fA •w.Wrbe••r Ir 1 1141 A w 1.141 V1N K h« frf,f / 1Nt Pill n/N i/y 1 LOGt1Oi Iw t 1~t ' , , % J~IOC/t Is~ I~ 1~ I 11«..Y.`CIM~M 1 N.l,Y1~O.1,1«./ fI~MM~ N 1:''~MM M CO .T »I.r Y1. no 4~ r.l wn.Y r boo 1.r1..1~..1 J I 0.5781 I Y / ' r CA/ f fr%~~l ~ 0 ~ Mb MISIw roolm IM N 11Ar~Nw ~ f.i/ /.1 1» • R ` r«I.w«../ 4..«.....11 R • 3'Jd oOd / al ♦ »4[11 r1 lrwlr 4.f ~.y r.► 1 r .N1 UIw.11 Y` !~!S_ ~ •1 ri I IrNI>•.MMr1Yl Yi 4r MMwiMW of t • i! • 2+ ` ' : ul:~Itn111r'd/«w`«. w: 1 n.1 f►wr « l.r1r Y ~VTT/ Z wed 1Ya1t!•1Fa"1 /y y , l ti I 1 w: a to M; 1 »..N « »l.Y I fM M• { 3 I Mill, ' »Y1r ..1 .h 1_I. If.ti MIS MM,1r , i N.» d I 1 • 111 II / 0. w1 r1 Y 1 1/1 VA wr .w /wl l./ ~y=11.I f_lyMa./11 . 1/.w1« 1 w/ 1: .rK . w N ~1". M 1 i.o Imoil LOT r ~f~~~ /7q s>II/ 1. y W I l~gSy)I I » at1 rY Nw«M sot" I.110'1.h M w.1 dM W 1A Wltio, :3 oo am , VIM c , Pa 32z i~ .,~k I ' I lwlr«wd4.I1w.InfM :16 1 al W M{.f~do Y~ {~1~1 .~y rim »~1l Mapes h»r M wt+lilw.w NIfw11 sr1~ IM I/ IY/111 11771'. . Ilr.f AI.Y IMf. w / IM lM M IM wwy i Q« 1'~+1~ CO. y I 1"'.a~ M fWl' ~W Y.II fM dA YN MM 14 N l IA IM 01.1.M01im" lnl.r 1.111101Iw a I t. .l« .r It r,.«.1IIfII. .1.4. The i....w 1..1 t..tw Iw.1 1 I qa1 reA 2,01, rN r.1»u w; 1.1.1. II« 0 a.." of U" ` IM M 1 soa 0 N .««n rea I imooN• /1h40:r 44j4 »111 it rwf.11 f.F I.hl;• IY flwNw.i11, N IM.«.«t.«. LOf I. *At 11 V MAM 0& 1 ACIM10H / 1"01 AMi if COMMIRVAL I I All L ear d, Jyilkin>f 16 Nw.»«.w. 1...1.I/d.rwnelr hw«1 Wt 1 1fr1 ".SOW 1. ww stow lw~ /}~(a .1.NM MIN NW Mimi 4 }`•i } } n Ap~~^ 3 7 3~. 71" .e '`4 a 7 IV4 S y " ~DATM, 07/40% CITY COU*CtL lMkt IONAt TOs Meyor and Mothers of the City Council FROM C. Chris Hartung City tanager SUBJECT% Public Haarlnj for Zoning Cate Z-1133 RICOHIRMDAT ION s The Planning and Zoning Commission considered this it*% at its meeting of JuAe 260 1965 and voted to recommend dental of %-1133 by a vote of 4-30 ibis to a request for a change in toning from thi two-family (2-y) district to the multi-easily (KF-R) district on a 7.2 acre tract located south of 1-352 and east of Lillian Miller Parkway. BACKQROUMDI The tract to located in a moderato Intensity trek which to approximately 78% over the standard based on existing coning. Inceasoing the coning on this tract will add more traffic to an already heavily congested area; however, multi-tasilt (KF.2) is preferable to the originally requested (Mr-1) toning. PROGRAMS. DEPARTMENTS OR GROUPS ArTgalDt Not applicable MCAL IMPACTI 'there to no impact on the general fund. Respectfully submitteds • 0 .'Clfc City Maftitir Prepared bys Benue Spivey A4 Urban Planner Approve s ate Noyor Meactor of plasnin~ and CO•AU61ty NVOOPMmt 04 12• 1 , r.r.~e *1`-I " x. ~J ''I°-~ ^~i• tae 1 yep.. ~t n ~41544 ,.a t b,•' W n i`!,4 ,1 a ^t M R s PLANNING ANo.i6NINO COMMISSION RECOMMENDATION TO'THO CITY-COUNCIL To: Denton City Council Case Noy: Z-1733 Meeting Date: July 16r 1985 GENERAL INFORMATION Applicant: City of Denton 215 E. McKinney Denton, 'texas 76201 Status of Applicant: owner/Developer's Representative Requested Action: Change in zonii,g from the two'-family OF) to the multi-family (MF-R) district, Location and Sizes This is a 7.2 acre tract located south of I-358 and east of Lillian Miller Parkway. Surrounding Land Use and Zonii;g: North - Skaggs retail center, vacant; GR South - Vacantj SF-101 PD-87 East - Vacant, agricultural; A Wean - Vacant; PD-871 SF-16 nenton Development Guidoi Area is designated as moderate intensity. SPECIAL INFORMATION Drainages Water flows from the north and west across this property and will have to be handled before development may occur on the property. Transportations The property has no street frontage. Access could be from I-359 or Lillian Miller Parkway. Utilitiegs Electricals gas, and telephone service is available to the propertys A 12' water line and 8' sewer line are located on Lillian Miller Parkway neai the property frontage, There is alas a 14. water line iodated along 1"3596, J a;r , o~ I S wi x F ~ l~r" ~ Yrle 3w', sir ~ I r4 ~ I rv~Sr, 4 J1', t 7 ! n ~'i' ~r~U Y i d is $1733) Page Two ZONING HISTORY In February, 1980, Mr. George Hopkins, representing the Henry Ili Miller Co;,pany, filed a request for a change-of zoning from th agricultural (A) district to the planned development (PD) classification on an 84 acre tract located south of I-35E and east of Lillian Hiller Parkway. Mr, Hopkins also representee, Mr. F. Co McNeill, owner of a 7.2 acre section of the propo4al. The original request on the 7.2 acre tract in question was for multi-family zoning. The Planning and zoning Commission held a public hearing and reduced the density on this tract to multi-family (MF-R). The minutes of the March 41 1980 City Council meeting indicate that' the Council approved MP-R zoning oti 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, a request was submitted to the Legal Department for advice in this matter. An opinion from Joe Morrie, Assistant City Attorney, stating that the ordinance in valid is attached to this report. Mr. McNeill now desires to have the apparently granted multi-family (MP-R) zoning restored to this site. The most recent request for multi-family (HP-1) zoning was denied by the City Council at its meeting of June 4, 1985. ANALYSIS This 7.2 acre tract is located on the southern border of a moderate existing which is oning. I approximately the over the d based intensionty area s the zoning on this tract will only serve to aggravate the situation further and add more traffic to an already heavly congested area: however, multi-family (MF-R) is preferable to the originally requested (MF-1) zcning. Furthermore, multi-family (MP-R) zoning is a more appropriate buffer for the existing and proposed single family areas approved to the south and west of this tract than MF-1 zoning. PD-87 perritting single family detached land use with a density of six uu,ts per acre is located immediately adjacent and south of this tact. Additional two-gamily (2-F), single family detached (4.3 units per acre) and single family detached (6F-16) are located to the west of this lot. RECOMMENDATION The Planninggland zoning commission considered this item at its June 26, 198 meeting and voted to recommend denial of z-1733 by a V6te of 4~ ~ i ;y t T,,- '7'..I ~Cdee: 1733) ' pa~e.xhree ALTERNATIVES 1. Approve petition 1:1, Deny petition ATTACHMENTS 1. Location Map 2, City Council Minutes of March 4, 1980 3, Adopted Ordinance for Z-1435 4, Opinion from Joe Morris, Assistant City Attorney 5o Reply Form Totals 6. Property owner List 7. Planning and Zoning Commission minutes of the June 26, 1985 meetings 11649 rl 1 1 , `~y • )f I r !IV of It *Av. S-3 % % - A, 01 % % Z71. Ll SF- 10 Oki., it 22- LEG E 'JD I , C._.~ r LOhCVL•u~LL DI}tRlti I ~ I a L ~~fl:,j',}r.10 CKE•ILyIIT CMtLUrO CIf-glL7 ! L I II \I Fl`••0 ,111 ~ ~V~IplRlp Owt•rLYIiY DWtLllwt Ot}iRltf ~11 ~ r..r ( •..r. t r r r r r r r f •7'7r.t CM[•r2YILT O,T[Ll:wy DIflRlti `t[rn tr«t•rLYILT cut►c;wt rusRlet 1 PD- 45 `M`Il M/•1 Vvtil•r241LT Lr RL'~\6 DilirlCi 1 rg~ PD, G5 , II 10a'AP.t t1NLTl•r241LT DWULH+t MItAIt7•t .IQ L F'/~~ r'~ J Y 441vt ROITT DIf TRICi ( 1 r rLRKIw! clttRler L o wrlet offirler w! kII[MiORIIDeD (pvltt DltiRltt + IA DC\LR2L A[fIIL DIlTMitt I `r"'•` " " © t 06YM[Ut4l DH1RItt I • 1 Ct t! WITRAL tu1i1+!!t Dlf'1RItf •ye tl lfyMt IwputtAIAL MAOIGT I.r r. W I M! M[2Yt INDU►in,t 011TMItT .,r.~ f_ I ►tIMMtD DtvtLO►Y[w7 oil, et l1.., • 1 'j 1 Iwpltlttf trttlht u!t r[RYIf ~ ;~-I ~ tI.I,_ ~r r ~ - .1 40 0~ PC) - as E~ • iY .J~ 1 1 ~0. (1 r• ..Y i Atii ,s 'ti. ti, •.1~, i :j t :''Sk ~ *i a.P~q x i 11.L hciunct Marc Ttlar meeting of the City Council of the City of Denton, Texeei Twad r March 4, 1080 at ~/t00 p,m, in thi Council 046to of the Munieipt~l Suildirtr, PAlSaNT: Haybt`,Yash, Ka or Pro Tom Strpphene, Members Vela, Heniley and Stewart City HansgPr Chrla Hartun;, Clty Attorney C. J. Tiylor And Clity Secretary 8raokt Holt. ation was made by Stewart, seconded by Hensley that the 116utes of the Regular Meeting of February 19, 19do`and the Sppecial Called Mu ting of February 260 1980 be approved, Notion Carr ad. 2, PUBLIC HFABIVGSt T610 Mr. G+or;e H(A) A public hearint was held on i_•1431 the peeltion t of e :a opkins (representint Henry 9. live ning change$ on a tract Approxima4tely aft 2 ic4001hreiuesting of t; J. McO0wan Survey, Abetraet Yo, 191 City Ani'ecounty e n of eoutan. SSE and slfast O f'thih SouthridtitsWbdiv10A 41 The :It Ind htceotat es 18104, M the following.. d' (1) A change of :onin`` free Agricultural (,1) General Retail (CA) classitiestion on appfoxtlasteto ly 13.6 acres, Q (2) A change of toning from Agricultural (A) to Two Family (2•F) classification on An Approximately 4.6 sere tract, (s) A change of toning from Agricultural (A) to !tuft! % imaeFamialyyy 1Re,s2 Restricted ('4" A' classification on approx. . (4) A change of zoning from Agricultural (A) to Single Fami36ly (SF•10) Classification on Approximately .5 acres. (S) A change of zoning from Agricultutsi (A' to Single Family (5p•16) classlfiea:ion on Appror.~mately 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 street OisYconnected throu ppghrtpphesPresbyteriangptopertytto TeASiey. (2) Opposed because of traffic problems, such, (S) A beautiful residential section should be kept as (4) This case has been before the Council t times. The Mayor closel the hearing. City planner .john Lsvratti briefed the Council stating that the Planning And toning Commission felt that the developa4nt Proposal was Compatibt• with the Comptlhe~tsive Plan and that the Single Fastlly, Multi FAM1 y Restricted and Two Family tonin transition Eetwiest the pr6poood total s ule atdidpdxt ctrit do Ioppint the PlattnlAt and :dnitl= Comaislion reeomafrde approve tenis5t petition'2,145l, 1W,Vote was~l tto 1.t The Inftiinyit Comalltion to t'ehit the oli4nunt of the proposed Aidgexiy OrlVa s :r ) jf e yp~-y `14,ty yq wiA -k y ,4 n, ? f c Ff5J i !r .n y ..1 Y4 -T e.~PAS,. v s J M A :.1 .u {r ar _5 {1 1 JJ.-•, t y Meidh 1,°-lplp aConanued was $'tti: ttictaty aft that it should be` OVelopod o Henrfos, - fillet COmpuy YSfuntbtlred e proposed. the t0" esa f;eyeyfet k gort,o~: of their developMent to 0tohlbit the>conritX4 retail eva:agat, c eholt Stewart-•"A 190' strip should be agreed to for Sidi way` 01 •1s it would become an srtery fss traffic from Teas toy Lane to 1.31,'' StephOft'""I always considered 1356 as the line of dematr• cation separating busint•.s and housing, Could we approve a portion of the toning request?" Hopkins answered that this would be unfair to the petitioner e. phone. q HeOreuestedmthatVth Counciletake it's usual brisk,Candmasked all Interested persons to meet with the Council Members in the Civil .tefense room to discuss the toning issue at hand, The Council reconvened. toning requestowithsthe stipulationsthatdthebpyropotedo Street,+oRldfiiy, not be opened until work is completed to Tessley$ that limit* family cones be dead restricted, plus a letter of Intent to chose usast that two rows of duplexes be built on the south portion of the NF-R sanel that proposed Ridgeway Street be 80' In width and that alcoholic beverages could not be sold 'in the OR toning, !lotion carried. j• The Council considered a status report on parking on the square, new ordinancesswouldCend yAiarinof eontenforcom*nttOfepdi,rkinghtickets.~es 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, ctsted thatwthe problemmwasofailure ofrconstantSenforcement8iil A'eith t. OADINANC8Sf The following Ordinances were pr4.sented: (A) ORDINANCE NO, 80.13 OINO IN ITS 31 ARTICLEVYVNOF THENCITY OF DENTONTCODEYOFEOR INAVC95j ASFA.4E DIDj TO' BE ENTITLED "IMPOUNDMENT OF VEHICLES AND PROVIDING FOR THE AUTHORITY TO REMOVE VEHICLES TOWING AND STORAGE FEES, NOTICE OF REMOVAL, AIND REDEMPTION; PROVIDINO A SEVEAABILITY CLAUSE; PROVIDING FOR APPEAL OF' CONFLICTING ORDINANCES OR PARTS THEREOF; PROVIDING FOR PENALTIES; AND DECLARING AN BRFECM 8 GATE. OrA'nance beyp ssedMasOnarollycall %poto Vol&n"ayebY Remit of tiys„the Stewart "ayn,,, Scephens aye and Nish ay Motion carried, (B) ORDINANCE NO. 80.14 THEOCITYAOF DENTONI0009EOP ION OODi.YANCIS1 AS ME Of0,18VTtRCIEDL~DISPOSITI0Y OF IMPOUNDED PAOPEATY"-AND P1OVIbtyO IOR AUTHORITY TO 3ELL N$THOO OF SALE, TIME AND PLAC! OF SALE, AECOADS, LIEN ON MOTOR VEA0 131 . AND H BIT911 PRCViDlYG0"ATSBYSRABRITYCCLLASIEIS91"PROVIOtYG POREQSpOFYj`Epp CONF DRO• LICTING ORDINANCES OR PARTS THEREOFI AND DECLARING JLN 91M M9 OAT$ 7 Rattan 'vat `mods by`Stewart, toeonded'by Mash tihst the ^f Stewartdoabe passed' on~~roll call YOLe~~V$Is„,ave"r Hensley "AVe", " Stephens rye and Nash aye . )lotion carried. I h , 1" b~ Y J' ° t A s 1 r ut, rt 5 /Y 15 l~{ ' f s.{,, zaMR < t 'F. l_{'Ix A ` r I s ti }e X d ,.ar ti " I "d ° k'I 6-f, ° 9~ vG 935 No, ,~r AN ORDINANCE . DI THE 10NIM MAP OF THE OITY OF DENT~O,Y TEXAS AS SAN IfASNG>ADOPTdD AS AN APPENDIX TO THE CODE ORDINL,YCES OP THO CITY OF D TON, TEXAS EY OgOINANCE Y0. 69.1 AND AS, S 10 WIP gAppl 'J ToI BELOW Wtft PAOPIRTt AS SHOO ANNDS MOAN pARTICt1 rLARLY D> R IBED O 1HaLINi OF DDY1~ON TE.430 EFFECTIVE DATE. I ECLAJI,VO A,4 THE COUNCIL OF ME CITY OF DENTAN, TEXAS, HERESY ORDAINS: SECTION it That the toning map of the City of Doaton, Texas, adopted the 14th 'day of January, 1969, as an . Appendix to: the Code of Ordinsatoso of the City of Denton, Texas" under provisions of Ordinance xNo. 6903, bc, and the sale is hereby amended as CV follows: lr All the herelnattor described proport Is hereby removed from the Agricultural "A" District as shown on said V' toninr Rio and all provisions of Ordi.naace No. Wit adopted Q the 14th lay of January, 1969, as amended, shall 6resftor Q apply to said property as General Retail 11GR11 Distrtct In the seMe matinee as other property located in the central Retail "GR" District and More particularly described as tollowsl All that certain 13.630 acre tract, or parcel of land sitmAted in the John McCowea Survey, Abstract No. 797, City and County of Denton, 'woxast said tract beinj part of tract described I1 deed to J. Sons as tocordea In Vouna 497, Pale 107 and Volume 435, Pale 647 of the Deed Reeord$ of Denton County, Toxaal sold tract being further described herein by mates and bounds as follows: BIGINNING for the northwest corner of the tract boln described horsing at the northwest corner of said tract to J. turns as recorded to Values 497, Page 301 of the Deed Records of Denton County, T*xssl THtWC8 the followln calls aloe`` the southwestern ling of interstate Hljhway Io. 3981 south $30 13' east 446.1 fcotl south 460 Of east 419.1 feetl south 460 411 east 377.0 test to east line of 11cCowan Survey; THENCA southerly 150 test, more or *..is$ to the northeast corner tract describod in deed to F, Cr' cWGill as recorded in Volume 477, Page 644 of said Deed Records of Denton County, Texas$ THINCE south 110 404 501, West 96965 test to a pointl THENCE north 20 08' 401, vast 144,2 feet to the southeast corner of tract described in deed to John Part4r as recorded In Volume 5310 Pass $31 of the Good Records of Denton County, rests! l THlNCE north 00 09, west 5104 toot to the place of belinning, t. All the hereinafter dosetihad property is hereby removed frosl t e Alrieultural "A" District as shown ba Said zoalnt XSP tad all ptovlslbh at Ordinance No, dOet ado tad 14th .dayy 6f: January, 19 Of is amended, shall WasEter spgy to Said t6osl ty ass No•Faaily ~tal" District in the sail M swot at of it Dino dlty 1o stod 1 th ~IO•Paaiiy ,~~t+P~+ Dts;triet slid :sot's 0 it~cularly describs2 ear ~et~aw$1 >t•1/35 •'GEOltdE HOPNINS PAGE tlNE L ~?~,i'~ rtM vha ~S{ W N. {~,~+.y. w n H'(. b L i t u:~M •.q a5$-Ah Y'y y 2P~ Vr "vx 1." r 1~, tY~dt 1.- h~ F 236. All -that certain 4,81? sere trib'q or ,areal of 1444 1 c to the John MCQow4n 3uiveyl Abetratt No 797, City ants county of DentOno fexell said:tract being further described herein by motes 'And bounds as ts'ilowss hor@~ xAtfthetsouthoi taeorrsienOf af eriet tract bbeing tn scribio John porter as, recorded in Yollfae $31, page $ig of the coed R+CO'rds Of Dsntoa County, Texasl 'S14UCE south to Ogr: 401i elms 444,2 feet to a • south line of tract described In Volume 4SS,, page 641 ofn said 04ed Records of DsntOh County, Texas; THENCE south 110 231 SO" west 120.9 feet to a polnti rkENCE wootor"y 264,59 feet with are. of curve to right who $@ rsilus is $00 Net, chord boa N AS north 710 2g' 20', west 2112.31 Nett THENCE northerly~ 371.40 Net with curve to loft whose radius is 1614.16 toot, chard bearing north 60 23' I$# east 3704SI toot; THENCE north 00 12' 20" vast 336.2 toot to `a point in the a South line of said tract shown by deed re or4ed in Volume $310 page $38 of Deed Records of Denton County, Texas; IMENCE north 190 39, 3D« test 263,9 feet to the place of beginning. it All the hereinafter described propertyy to hereby removed from the ASK'cultural "A" District P.1 shown on said lonin Xap and all provisions of Ordinance No. ,69.1 adopted tht 14th day of January, 19691 as rsendede shall 6reaEter apply to said property as Two-Family "2•F'l District in the same manner as other propperty located In the Two•Pasti1 "2•F" District and note particularly described as tolto% 11 All that Certain 1.232 acre tract or in the John Med van, SurVoy, .lbstriet No. 747,oCity~andtCounty of Denton, Texasl said trnet beint ppart of tract described in deed recorded In Volume 4770 peter 602 sFovln= F C, McNeilt'45 raatool said tract being furt;t e'descr}bad heroin by,m4tos',and ounde as Nliowst heroin$ atf theth outheast=cornertof (saithe d NcYoillQtracte3in the tilled east 194e of the said McGowan Survey; THENCE south #10 lo, SO" welt 1043.1 test slang yard south line to a pointl THENCE north 110 23, $O" east 320.9 toot to a point in the north line of said WWI tract; THENCE north 180 40' SO" east 969.9 tat to the not theast corner of said McNeill tract; THENCE south 10 32, 10° east 313.t toot to the place of beginning. 4. All the hereinafter described property is hirsbv reeved from the ,Agrieuitural "All Disttlct as shown on gala 24t=illf Map and all previei qnt~s' of Ordinance .No. 69+1 ido ted tits . I4th May of anusty, 1469 as' a4te4ded shall` 6telftot e Y, te. a4ld t ~erty to W,4 it 9tolly '~SFa1~'r b1 49rict liA, thhe s tlrrtltie a C1ter proper y lntat de .in the' ~ittple Fealty "SF~lO".D1ltrlCt 4-14 more partit4A rly gWribed as foliowes 1•1439 GJOAdl NOXINS FAd u (?ii,T r ~~A~ had +tiYg ti i 14 R'.^'f°jt"~<c ,ige'~Nk 1~..\ k+ }y.~ S 11.. ~ yy 6y. 1 YL S + F11 2 0 All iliac certain 3,d6S fig acr• treat in the Johns NcCOwa , o parcel of land `$ItuaRad raet itd of Denton, Test e; told tract ct tiding Abet rt6 turo, that 797do, City ocribtd and hsrel County uteo and boua aos as follows$ te~ by slGINNINO 160 the northeast corner of the tract bole; dswcrlbad herein the :oatheascorner of tract deferlbed In deed to e111 as recorded In Volume 477, Ps i 6 e Records ~ftsl)0404 County, Texael g 4 01 the bead THENCE south" 20 30, 30" east toll. corner of tract described in deed tQ d le Value* 467, PASS 143 of the act t tHi th onao did To:es; Records o Osnton County, THENCE south ate 40, 35'o vast 1712.4 feet to a point, THENCE north 220 42f SO" afat 000,3 fast to a point; THENCE north 2$0 13, 20" east 35.s to t to the beginning of a Q curve to the left whose radius is 1614, foot{ THENCE northerly 344.02 feet with are of said curve through a Q CM W of 120 141 $9" to a polnti chord boating north No ENS' S9" east 344626 feat{ THaNCE southessrterly 264159 feet with are of curve to left whose radius is 590.0 test, chord bearing south 760 ts, U's east 262.31 toot; TH arcs north 410 401 10" east 1043.2 teat to the place of beginatngl removed from the ASrlculti it "All Districtriiott~, " ones hereby thiint Map, and all provisions of Ordinance tfo, pp 14th ay of January, 1969, as amended shatill6roUttr apply to said props N Y as Sin le Family 'W-I , District In the lame tannas is other property located in the Singh Family SF•I6 District and sort particularly described as tolloval All that certain 22,302 scro tract, or parcel of land situated of DoAtons Toisolwsaldum et being furthir1described herotA nby metes and bounds as followst AIGINNINO at the southwest corner of Lot 2t, stock 4, SOuthridge, in the northeast line of Southridle Drive; THarCE the following calls along said block 41 north 510 50, 20" east 13560 feet north 340 Sol 30" oft 227,2 feet; north ISO 420 2o" %pot 9060 feet{ north 270 16, SO', alit 513,1 feet north 89 22} oast 302.9 toot to the east corner of Lot 12, block 4, $out ridSel THENCE south 10 0111 40" east 445.1 toot to a point for a corner; THUCE north 800 47, 401, east 566.1 toot to center of proposed Aidgeway Drives Times She following calls with said south 0 120 20" fast 336,2 faetl South* y d7ia d~iwieeirwit are at curve to rl ht whose radius is 2614,16 1oat; south 2513' 26'0 wort 33.1 ~oot to a point of curvillnoer extension at storementlonod Southridge Drivel rl w*hds=~11radius is?6f.47 toottothroughh a rcontrol uoe to oof I 1 l 240 4 2.1435 - GEORGE HOP%tX$ - PACE THAES x Y YY' s y r~', M xS "h. y rx,"3 Y Y s4 A i Y° ; "v ~4~ w• , ~ l 238 THENCa north 430 West 486 1 fett to the beginning of a curve to the right w ore radius is 51/.43 feat= THENCE northwesterly 47.19 feet with are of curve through a' central Angle of 5 1S 2011; THENCE north 390 of, 40" west 345,2 feet to the place of beginning, SECTION Il. r 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 teneral welfarf of the City of Denton Texas, and with reesonabL e conrld~ratloa 'mong other things for the.cher cter of 'the district and lot' its Pacullar suitability or particular uses, and with a view to conserving the value of the bulldings, protecting human lives, and eneoutattlhg he most apppropeiste ,user of land for :the maximum benefit tot the City of Denton, Taxes. and its citizens. S O Ilt, That this ordinance shall be In full fares and effect Immediately attar its ppeaseta and approvalp the required FFublic hearings having heretofore been hold b the Plan y nln and commission and the City Council of the City of Denton ' Taoning xes$ after giving Sue notice thereof. ~ r PASSED AND APPROVED this th da of 4^'s C A. D, 1980. / i /4 CITY or DINTON, TEXAS ATTEST, 00 NRQQ93 MOLT CITY 0P DOOM 159GRUTART TEXAS APPStOYEX! AS 10 LEGAL FORS! C. TAYLOR JR, CITY ATTOMLY CITY or DERmt TiXAS csftt kA~ 2.101 GCORGE HOPKINS • PAGE FOUR t 'h'A ♦ i` .f I 4 ~ !41 •v y ! i j ♦ 1 SL p yJ '`Ye41 i ~~~y y~2 js 1 } Fad ~ Y~1~ + t :'Y % l.• . ' > > i ~n ?T +1 k , ~+,Y _ ,l ,y ~ti'"j# i f J 1 1 1 CA'Y OR OYMMo TtXA$ 01`ms 00"M G'!1'Y ArMjtN#'Y dflX41lA1dDVdf 1Jte~t A , AMMON MY AM DAM October 18, 1984 TOO Denise Spivey, Development Review Planner MONO Joe D. Morris, Acting City Attorney SUB MT MUON N00 364 &lidatiou of Defective Zoning Ordinance You have asked this office to address the issue of the validity of Ordinance No. 80419 in light of certain possible procedural errors "do during the proceedings leading to its enactment* hoc the reasons stand below, we conclude that Ordinance ft. 80-21 is valid as written. circumstances which prompts. your request concerns a petition for resonin in 1980 submitted by George Hopkins, representin Henry S. Hi~1er Co., on it tract of land of approximates 84 of acres copy minutes of the `City Council meeting As Marchc41 1980 a tach of the e, a public hearing on the M uszt s held on the resooin petition. (Zol435) The patitiobar rigs ad five separate :onLng amendments to . the entire tract iholudLn "(3) a change of zoning from agricultural (A to multi-family (MY-it) classification on approximately 1&2 &eras# The planning and zoning commission apparently changed the request and gave notice of rezoning to aultiefamily (MF•i) on the 1.2 acre tract. The minutes of the Council reflect that the petition was approved with certain stipulations, oaf of which stated "that two rows of duplexes ba built on the south portion of the WOR zone". Ordinance Moo 80.21, dated March 23, 1980, attached hereto, was the ordinance enacted ap roving the rezoning of the 8402 acres. Paragraph 3 of late 2 09 the ordinance shows that the 1.2 acre trail , which haData re sated ated to be rezoned from agricultural ~A)-tb aulti•farily restricted (MY-aR) was rezoned to two family 20, 6 Ste must assume that the ordinance a cted rezoning the entire Idl acres-to a two family (golf) seeing district resulted from the stipulation in the miautea of tha March 4th meeting that there be 2 rows of duplexes on `the south portion of the tract 3L s~.~ai ~rp° +~i mnW A9 y~ e - n , t a tF „'S,h`` r a a• OPIMIN N0. `964 October 180 1984 Pass Two requested to be resorted Mh-R. In sffecti it appears that the Council intended to re:one the 7,2 acre to two different zoning districts to tvo•faaily district (2%F), '(2 rows of duplexes on the south portion 'of the 1.2 acre tract), and 'the remainder to be rezoned as eultl 4inily 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 g le ins 'had beep held and although the ordinance say not have -what,: was . ap roved by the' Council as mhow* in the minutes of the Merch 4t~ mooting, neither defect invalidates the ordinance 'in°que tion. Section 2(b) of Article 1174a•l2, Texas Revised `Civil Statutes (Vernon Supp. 1984), affective June 19, 1983 provides, in part, as follows: (b) All governmental acts and proceedings of the aun.ci- pality since adoption or attempted adoption of the charter are validated as of the date they occurradlooob In Leach v. City, of North Richland Hills, 627 S.We2d 8$4 Ce APpea or , no wr a our e d that any substantial defects in the adoption of risooing ordinances which right render them invalid were, d4rod by 'subsequent vjl dat n statuts , also Cie of Kersiiti~,'v. Sgrui11 - 328 S.w.2d 219'(Civ.App.sel Paso wr c, rZ'r,7j.r.e. ;mot' Hutchins V.. Prasifka, 450 SoW.2d 8 (Tax. l9;'O}. We conclude that ,h/y substantive defects that occurred in the proceedings that,Vta.'Ulted in the adoption of Ordinance No. 80.21 :+ere iubso ushtly . validated by Article 1174a-12 Ordi~naoc• supra, that 80.21' is valid as written; and that the 7.232 acres of land resoned by Ordinance No, 8Ox21 is currently zoned two family' (2 4) as stated therein. JDH:1• Attach"nt xot Chia Hartung Je mayor , i 4. S yL S .l s 7Sa C'... xi ~r <w '4 yi d sh y'3~~„ 4f ra1 tea) h PROPiATY OWNER RULY FORMS CITY COUNCIL: 2-1733 (for 7/16/85 CC public hearing) IN FAVOR IN OPPOSITION UNDECIDED Mrs. F. C, McNeill None Received 1713 Carlton Denton, TX 76201 382-8565 Sk• iy va ,rl} 5 lv a d a r l Vt p "v P A, + w ^ aa' v^ ti Y"{' r i n ~:z a 2° + " r?, r r x 7 -0 1 c)p 5R k r~, r . _n" t 4 i , ~4.~b~~ tl{. ApnS ✓7 Y. F~~ F + ~~•,~,1 ~~3 t •x ~t "vv' r~.~ ~0~ 15 O 356 a ry+r%,~r,}id e, ~\J t ,~~1 4 ~ 1 "K ~+j1 ~ ~A } f~;' ' a 1 i s w i~ a ir> < r P 3 eL ?iinutes June 26,'1985 Page I 11. Public Hearings A. L-1733. Petition of City of Denton requesting a change ,Tn ionina from tfamily (2•P 4lsssiEication to the ~aulti-family (43)1'0 'atrict on a sere tract located in the John McGowan S+,rvey Abstract No, 797. The prop (UNAPPROVED) erty is situated south of fnteritate Highway 3SE and esst of Lillian Miller Parkway. If the request is approved, this property may be used for any rjrpose permitted in a. Multi-Family Restricted tone by the City of Denton toning Ordinance. Three notices were mallyd to pprepert) owners withsn 200 feet; one reply form 1}as recelved in favor, no reply forms were received in opposition. PETITIONERt N Spivey explained history of case'ststing i it ofiginated several years o as a part of`& large planned development. At that tim~ as reflected in the City Council minutes a compromise was reac ed and City Council approved NF-R on this 7.2 acres with two rows of duplexes on 5611--h' Howeve- the adopted ordinance stipu lated t-F for the entire -~A A m% trait; After an inquiry by the property an r, the login department was consulted and ruled that the ordinance was valid, It was decided that since there is a discrep*ncy, the city would be the petitioner in this case. PROPERT OMNU: Charles McNeill stated he is one of the property owners and is requesting approval of their request for MP toning at it waq originally recommended by the Commission. IN PaYOR: None present. OPPOSEDt None pre int. STAFF REPORTS Va. Spivey stated that this tract. is on t'Wi"tbuthern boundary of a moderate intensity area which to already 78 arcea.t over standard, and this proposal would add to tine traffic congestion. She said that HP-R is a sort acceptable buffer to the single family area to the south than the 140-1 requested by Mr. McNeill at the privious hearing. Staff defers Its recometendation to the Commission. Mr, LaPorte asked how many apartments under MF-R and how many duplex units under 2-P would be allowed., it was determined that there could be apyyroximtely 98 units with MP-R toning and 56-S8 units if 2•P toning. Mr. Juren arrived at the maetina. Mr. Escue asked if object property adjoins SP-16 zoned i property, Ms, Sp1,ey ansxerd that there is a planned devalopment for e,ngle family to the south but this property does net touch the SP-16 area at any point. Mr. Pearson asked about height restriction under MF-R toning and No. Spivey replied three stories. RS, sUTTAL: None offered, Public hearing closed. { X26 but 5 i June ~ paaa, S DECISION: Mr. Sidor commented that orisfnal request xas or , Flannin and Zoning Commission recommended redut,ing the density to MFoR, and City Council further reduced the densityY by approving MF•R with two rows of duplexes. The ordinance was written foie 2-F. He wild the site would not permit two rows of duplexes and MF•R devel- opment. He added he feels MF-R is an appropriate buffer between residential area and commercial development and would vote to approve MF•R. Mr. Iscue said he did not consider MF-R an adequate buffer for Sp-10 and Commission should hold to 2-F zoning. Mr. Pearson commented that MF-R was approved before are■ exceeded intensity standard, that he feels it is unfair to pinalite a person because of an error.- He said he feels NFiR is on appropriate buffer and since that was what was orginally a pproved by Commission, he moved to 'recommend approval of it. Seconded by Mr, Sidor. Mr ClaiboFne comr-ated that he thinks MF•R abutting the existing sAo ping center would be justified but he would be more incl~nod to go along with a planned development for Hp-R and abut single family with one row of duplexes. Yet* was called on motion: Nay - Clilboi46I Sir Cole, Escue, Juren, Worte Motion failed (2.5). Mr. 8scue moved to recommend denial of Z-1733. Seconded by Ms. Cole. Motion carried (4.3). (Messrs. Juren, Pearson, and Sidor voted no.) I I Pp 4 I. k ,j t .t'° 71 IT Ju 1`9 F ~(rt as 'W I CITY COUNCIL t PORT 61liAr unoti . 'f0s Maorad Members of the City Co a r ' 1'ROMt C. Chen Nartua6i< City Manager SUSJWtt i-1746 R6COMMBNDATLONt The planning and zoning Commiseloa recommended approval of Z-1746 at its meeting of June 26, 1955. SUMMARYt This request is for a change in coning from agricultural (A) to planned development (PD) on approximately 200 acres located north of 'Hobson Lane, west of Teasley Lane, and south of Londonderry. @ACKCRDUMDs In June of 19940 Billy D. Moore of Calaxy Management', requested a planned development on this tract or property. The proposed development included multi-family, twc family, single rattily and offlce/reti'Ll! and was denied by the Planning and Zoning Commission. in April of 19651 Randall Smith requested a planned developmeat on this tract that included mixed residential uses and office/ratall. This request was also denied by the planning and Zoning Commission. PROGRAMS. DIPARTKUTS 0 GROUPS A!IOUIRDt Reply force were mailed to 50 property owners within 200 feet of this site. No departsents or programs are directly affected. TISCAL IMPA 1 No impact on the general fund. Respectfull submitt do C. Chile a t ng city Kamer t Prepared by t Cecile Carton Urban pliansr Appro Jeff Mayea.•r Director of planalpg and Commualty Nvelopment 12826 ~~'~'i s- tQV f rl .Yjf3~"N• r ,s, ni~;: ib~1 )dW '"~C o~ ~'p ~+ii r~ wi ~ ~r, z rv P, d lr ti~ v ~"2 "i'ra rr l a y i wf ,`-,ti k iv t: 1 k, c' it PLANNIN ,"'AND ZONING COMMfS3ION AHP AT TO CITY COUNCIL To: Denton City Council Case No.: Z-046 Meeting Date: July 16, 1985 GENERAL INFORMATION Applicant: Randall D. Smith Denton 200 JV P.O. Box 1922 Denton, Texas 76202 Status of Applicant: Financial Interest Requested Action: Change in zoning from the agri- cultural (A) classification to the planned development (PD) district$ The following land uses are proposed: 1. Single family detached (SF-16, minimum 16,000 square foot lots) 25.62 acres - 2,12 units per acre density - 33 total units 2. Single family detached (SF-131 minimum 13,000 square foot lots) 24,k7 acres - 2,63 units pet acre density - 64 total units 3. Single family detached (SF-10, minimum 10,000 square foot lots) 46,91 acres - 2,81 units per acre density 132 total units 4o single family detached (sF-7, minimum 71000 square foot lots) - 35.82 acres - 3,53 units per acre density - 130 total units 5. Duplex (2?) - 18,32 acres - 5.5 units per acre density - 100 total units 6s cluster housing 29.41 acres - 10,9 units per acre density - 326 total units 4 :1 T V o-et ':;y r4 e Yg: page' xwo ~ ' GENERAL INFORMATION (continued) 7. Tennis club - 9.88 acres 8. Park/lake - 13.08 acres Location and Size: Approximately 200 acres located north of Hobson Lane, we8t of Teasley Lane and south of Londonderry Existing Land Use: Vacant Surrounding Land Use and Zoning: North - office, retail, apartmentsi 00 GR, MF-1 South - Single family residential, church SP-16 East - Single family; SP-10 West - Aome Brick Plant and excavation sites, and residentiali 8-41 S-29t A Denton Development Guide: Area is designated as low intensity. SPECIAL INFORMATION Engineering: Drainage is a major consideration at this site. Detention will be require to offset the storm water increase caused by this development- Drainage and street layouts should be compared i.th subdivisions to the east for compatibility. The Subdivision and Land Development Regulations "BOUM; with drainage will be applied Wring the platting process. Transportation: The City will not participate in interior collector stredts. sidewalk will be required along all street3 collector nize and larger. The property has immediate access to Teasley Lane, a primary major arterial, currently part of the state highway system and Hobson Lane, The developer would be required to improve Hobson Lane during the plat- ting process. No residential or private access will be allowed on Teasley or Hobson. 71:17" 2 "1 N '4.. 4 t !«n Q_ is ''ss +rj s ' 4 r , `tr a ri t Palje Trea:.~ , SPECIAL INFORMATION (continued) Utilities: A 16' water line along Hobson Lane and a 14' water line along Teasley Lane are sufficient to serve the property. Internal sewer lines in this development should be touted to connect to the Hobson Lane lift station because the Londonderry Lane lift station is near capacity. Electric service is available and the underground system is preferred by the Utility Department. Gas service is available from Teasley Lane. ZONING HISTORY In June of 1984, Mr, Billy D, Moore of Galaxy Management filed a request to change the zoning on this property from agricultural (A) to planned development (PD). That development would have permitted the construction of 494 multi-family units, zero lot line units, two family units, single family detached (SF-7) units and 30 acres of office/retail development. Staff recommended denial of that request, since it violated the overall intensity/density standard for the area, and the Teasley Lane/Hobson Lane area policy. This request was denied by the Planning and Zoning commission on June 27, 1984, In April of 1985, Mr. Randall D, Smith requested a change in zoning from the agricultural (A) classification to the planned development (PD) district on this tract, That development would have permitted the construction of single family detached units (SF-13), (SF-10), duplex, moderate density residential, cluster housing, multi-family, general retail, office, tennis club and park land uses and would have included approxmately 10200 units. This request was denied by the planning and Zoning Commission an April 24, 1985, ANALYSIS According to the Denton Development Guide, this site is located in a low intensity area intended primarily for residential land use. This development would generate 10,055 trips per day and the intensity standard for the area would not be violated, If the planned development is approved, the area would be 8% ender the intensity standard, 1 (1Ca6'b#.046) Page Four ANALYSIS (continued) This proposal is primarily residential in nature and compatible with surrounding land uses. A diversity of housing types are included in the proposal, and the density is 4.6 units der acre. Approximately 800 units are included in the proposed planned development. The developer has provided a gradation of housing types with single family on 16,000 and 10,000 square foot lots near the existing housing on the south and weste and cluster and duplex housing near the Acme Brick plant and multi-family housing on the north. Recreational facilities and open spaces are provided. A system of lakes have been provided to alleviate drainage problems and to provide additional open space, RECOMMENDATION The Punning and Zoning Commission recommends approval of 2-1746 by a vote of 4 to 3 with the following conditions: 1, A comprehensive site plan must be approved by the Planning and Zoning Commiasion and City Council. 2, electric service to the development shall be underground with the exception of one overhead transmission line, 3, Final details of street alignment shall be determined in accordance with City of Denton Subdivision and Land Development Regulations. 4, No private or residential access will be permitted from Teasley or Hobson Lanes, 5, Development standards (setbacks, lot sizes, lot coverage) for the 3F-16, SF-131 SF-10, SF-7 and 2-F areas shall be consistent with the standards for those districts and with Article F, Section B, Primary Residential Uses, of the zoning ordinance. 6, The single family areas Must be developed concurrently with the cluster housing areas, 7, The lake system in the development shall be maintained by the developer or homeowner's association unless the City agrees to maintain this area at the time of platting. x a ,;uva n 17- 77 v r Ccase ""1146) Page F:ve RECOMMENDATION (continued) 8. The cluster housing will be attached units, typically four-prlexes or six-plexes, with a maximum height of two stories and with common open spaces. All other development standards shall be consistent with standards for single family attached units in the City of Denton Zoning ordinance. 9. Existing trees on the site shall be preserved when possible. 10, A living fence or a six (6) foot masonry fenceshall be constructed along the western boundary of the cluster housing. 11. Mission Street shall be constructed by the developer as a collector street, with 60 feet of right-of-way, between Highway 377 and Teasley Lane. ALTERNATIVES 1, Approve petition with additional conditions 2. Approve petition without conditions 3. Deny petition ATTACHMENTS 1, Location Map 2. Concept Plan 3. Intensity Study 4. Reply Forms Total 5, Property Owner List 6, Planning and Zoning Commission minutes of June 26, 1985 0812] ' y1 • ij r rl%or Iy .y y• •`t .•~1 r~ ,..I ~ y,~r f 1 ► f f t 74 6 ,NO - f~-ov 1 • r" r .4 1 + i t `l , 1 : i. y 'ii~ ~ 1 J • .A O:W 5 r • . f ~ 111 f.;.f 1 f . {r .f~f; ~ f• 1 11, r 0" ru ,'I tL ~ ,a.~ r~,1 l '11,~.~ •~7[L1Y {t]-1T~ J~r~ r.l i•~~r 'j ~ J ' ~r + it ~ 7r • 1 f _ s. + ~y!•~ . ~ ~I / • f~ l.'~~ * • • ~ a '~i,~ ~ VL , ~ r • Dili 'i.: • ~ ' 14 0' Or s SO slat i 1 rim -NN\ 1 40.1 .n 13 OKN 1PK* 17~~M I ti ' xaM It ar+~ womm l rNNrw1 MW..+rM ru.l w. wl IN YFNw ~kTOM y00 ~.V 200.11 w« 1l3 TN IAllll p011a1 tGMTY~ i1kA/ bn►.. ...M w . r.. r, 1 i v ~ ',9 Y y , v. .eEW n~ 4 2 ra~ $bt~p ^ M1 i V 'r t }p LAHO USE IHTE4SITY STUOY AREA 0 35 Londonderry Hobson - Teasley Lane Neighborhood I. Stu Boundaries Nis is a lour intensity neighborhood of 515 acres bounded by Londonderry on the north; Teasley Lane on the east; Hobson Lane on the south: and Fort Worth Orive on the southwest. The northwest boundary separates the light industrial zoning from the heavy industrial zoning (S-3), These boundaries were chosen because they correspond to desirable boundaries or traditional planning boundaries 0.e.* streets, easements, zoning, etc.). The intensity standard index for a low intensity neighborhood is 15 trips per day per gross acre. 11, Evaluation of Heigilborhood Intensity Based on Existing Land Use Step One: Calculate the approximate area acreage from the concept plan, this neighborhood is + 515 acres. Step Two: Calculate the total area trips per day 515 ac X 75 td/ac A 38,625 intensity standard. Step three: Estimate existing land use in gross acreage and calculate trip generation in area: Acreage Trigs/Day 49.00 ac SF X 20 td/ac • 900.00 6.20 ac IIF X 200 td/ac ■ 1,240,00 178.00 at Indust. X 105 td/ac • 18,690,00 2,00 ac 0 X 350 td/ac + 700.0 2,00ac c/GR X 650 td/ac • 1,300.00 TOTALS: 237,20 ac 220910.00 td Step Four: Estimate vacant land in area and calculate minimum development right reserve allocated for undeveloped land; intensit 515000 Total acrrage of neighborhood 231,1120 Acreage of existing use land 277'6" Acres of remaining vacant land X 30 Trips/day: Minimum developmont right reserve 60334.00 fries/day: Intensity development right reserve Und Use Intensity Study Area # 35 page 2 Step Fives Estimate unallocated intensity capacity in total study area, Intensity 38,625.00 Total intensity standard for area (Step Two) 229910.00 Minus intensity currently used in area (Step Three) 8,334,00 Minus intensity development right reserve (Step Four) 7g381.00 Amount of unallocated intensity Step Six: To check the intensity of a proposed development: Calculate the trip generation of the proposed development and compare to Step Five. If less than the balance (Step ` Five), then the proposed development is within intensity policy guidelines. III, Evaluation of Neighborhood Intensity Based on Existing Zoning Step One: Calculate the approximate area acreage from the concept plan. This Neighborhood is + 515 acres. Step Two: $16 acatX the td/ac ■r?8j625pIntensity standard. Step Threes Estimate existing land use in gross acreage and calculate current trip generation in area, Acrea a Trips/Oay 49,00 ac SF X 20 td/ac ■ 980.00 6,20 ac If X 200 td/ac a 1,240,00 178,00 ac Indust. X 105 td/ac 180690,00 2.00 ac 0 X 350 td/ac • 100.00 2.00 ac C/GR X 650 td/ac • 1,3W 00 TOTALS: 237.20 ac 229910.00 td Step Four: Estimate current toned land in area and calculate the intensity of current coning on vacant land, Land Use 515000 Total acreage of neighborhood . 237.20 Acreage of existing use land 217.80 Acres of remaining vacant land J. LaM Use intensity sturdy Area 0 `35 Page 3 Crrent Zoning Intensity on Vacant Land Acreage Trips/Day 277,80 ac Agri X 30 td/ac 0,334.00 TOTALS: 277,80 ac 80334.00 td Step Five: Estimate unallocated intensity capacity in study area. Intensity $8,625.00 Total intensity standard for area (Step Tirol - 22,960,00 fiinus intensity currently used in area (Step Three) 8 331. Minus intensity on vacant zoned land (Step Four) 11301,00 Amount of unallocated intensity based on current zoning on vacant land Step Six: to check the intensity of a proposed development: Calculate the trip generation of the proposed development and compare to Step Five, If less than the balance (Step Five), then the proposed development is within intensity guidelines. Z-1746 includes: Acreage Tri s Da 15.62 ac SF-16 X 20 td/ac • 312.40 24.27 ac SF-i3 X 26 td/ac ■ 606.75 46,91 ac SF410 X 34 td/ac • 1,594,94 18.32 ac Duplex X 100 td/ac • 1,832,00 36.82 ac SF-7 X 47 td/ac ■ 1,730.54 29.91 ac Cluster X 100 td/ac • 3,290,01 13,08 ac Pk/club X 30 td/ac ■ 392.40 TOTALS: 184,93 ac 99159.04 td Zoning intensity on vacant land: 92,87 ac Agri X 30 td/ac • 2,706.10 td Land Use Intensity Study Area 0 35 Page `4 Intensit 38,626.00 Total intensity standard for area 22,960.00 Minus intensity currently used in area 29786.10 Minus intensity on vacant zoned land 91769.04 Minus intensity for Z-1746 39119.86 Amount of intensity based on current zoning on vacant land This area is 19% under the intensity standard based on zoning, and the intensity standard would be 8% under the standard if this zoning case (Z-1146) Is approved. 08161 PROPERTY OWNER REPLY FORMS CITY COUNCIL Z-1746 IN FAVOR IN OPPOSITION UNDECIDED Robert Pruett James F. Fisher 2220 Ridgecrest 2112 Fairfax Farnington, N.M. Denton, TX (505) 325-3193 566-2451 Leo & Marlen F. Hudson E. A. Randles 2116 Fairfax 1202 N. Waddill Denton, TX McKinney, TX 332-4979 (214) 542-6444 Paul E. Schueler ,631 Londonderry Denton, TX 566-6160 .Dowe S. Rhodee 2801 Santa Monica Denton, TX 387-3975 Charles R. McConnell 2001 Pembrooke Denton, TX 382-4080 David Glass 3 Highview Circle Denton, TX 387-5153 Claudine Couch 2n13 Pembrooke Place Denton, TX 382-0622 Douglas Ebersole 3210 Montecito Denton, TX 383-2914 d ";7 "1 77 I U i I I w Lj6J 14A sV a~ r C Z . 3g I) olk ~.1 ~LG . Ad 4V &A&, A. luku JYAA&tb 'yc ?e ! r e^' Y r('; :T~". 71- jz/ jjodA ~e / r r OC i4IOAt 9.A'/ a All, C Lag tY YIYY Jilts 1-114,0111-0, htth 911, rrw~rrrr l r rri. JA,r) 17. q C o ~o t ~ C - It .r I~..rirwMlY.~Y~r~wr~ V M1.rrr~~~~Yy gF~ dm 77 r~ 1ME R ar yl H' ay .J S t 1 A 7 4 V; Y~~ .L.` y 4 Y 1 f t~ 41 "-,(fir t 1'~ l . ~y n . Yf1c Y//L✓L ~AL~ f i 5 till 7 !3 IVIA f r~ i A, j/ , 2A em, 3 1 3 -*1 7q I ~Cma tR r. ` LI A CC tt-tt . ic, Trite. r .fir , f - / f L 13 5 tfe,., y , r a~ ~4 +s ` s~',~ r .n~: ~rµ r;•nr yr tir, s/ iJr ;~1 R~NTP y c ,fir +~"y it i S . G y,rty si.'4 7:: F:17 ar" { ;N +2' rrw~ 6 r ^ nC ch Y l rp'; ,Z Mtntik~r Jtsne'.26, 1985 Page 4 B. 1-1746 Pltitioh of `Randall Sri h ~tegqnesting s change IR Ydlf;n$ too the agricultural ~A) classification to the planned development (PD) classification on 200.S1 (UNAPPROVED) acres loc4eed west of Teasley Lane and Korth of Hobson Lane. The following land uses are proposed for the planned development: Single Familyy (SF-16) - 15.62 acres Density 2.2 units er acre, total units 33 Single Family (SF-13~ - 24.27 acres Density 2.61 units per acre, total units 64 Single Family {SF-10) - 46.91 acres Density 2.81 units per acre, total units 132 Tennis Club - 9.88 acres Single Family (SF-7) - 36.82 acres Density 3.33 units per acre, total units 130 Duplex 18.52 ages Densityy 5.5 units per acre, total units 100 Cluster Rousing 29.91 acres Density 110.9 units per acre, total units 326 Fifty notices were mailed to property owners within 200 feet; no reply forms were received in favor, el8ght reply forms were received in opposition, one undecided reply form was -received. PETITIONERS Roger Barrett, planner for the pproject, stated that e e oiler feels this will be a premium housing devel- opment in tho city. He said that points of accesss will be limited to min mile traffic impact, that no private access will be permitted on Teasley or Hobson. He said that only five or six lots will front o.i the proposed internal collector street. He said they have an excellent land plan with SF-16 and SF-10 buffering existing develop- uents. He said they plan to do some buffering with fenc- ing and lands:aping to help promote environmental aspects and to not adversely affect surrounding developments. He said that drainage plays a major role and they have handled that by making it an amenity. Ponds will act as detention with housing backing up to them. They will have a main- tainable water surface with no dry ditches or mud holes. They will promote a parklike atmosphere. Recreational facilities will be contained within the development so residents won't have to access onto major arteries. Hr. Sidar asked who would maintain ponds and Mr. Barrett said that a tenant's and homeowner's association will be formed but until development is built up it will be the responsibility of developer to maintain. He said that a homeowner would own to the center of the pond. Mr, Juren asked if it would help alleviate some of the flooding that exists and Mr. Barrett said they will not put more water on downstresu. Randall Smith, petitioner, stated they have had several meetings with neighborhood representatlves, that the asor concern was intensity, He solid they have eliminated all multi-family and office/retail, density has been reduced to less than 800 total units aad they have come up with best plan possible. Mr. Pearson asked about street shown on conept plan connecting to Hobson Lane stating he is concerned about safetyy because oU the existing hill on Hobson,; Hr. Smith' said he believed. proposed street was below the hill, how- ever, it could be moved, he didn't consider that a problem. IN FAVORS Noise present. P ih a ek t 77 A, ;1T 3p' Ilk 1 ~ Phi. w 4,'~I FI A t < } P t %nu`S f: June 26It Page S OPPOSED: ConAie Schueler' 2806 Santa Monlca,,as ad "out Freed management. Abe asked if any const*etlon is planned in the floodway. Mr. Edwards answered that it is, Ms..Schueler said that she understood construction is not allowed in floodway and eyed how this could be done. Mr. Clerk advised that anything 'plannad in flood- plotn and floodway has to be approved by FEMA. Mr. Edwards advised that design will be submitted to FEMA for approval, when approval is secured then construction can begin. Ms. Schueler asked what is oing to happpen to downstrea people if construction Is allowed In floodway, She advised that area is under study by Corps of Engineers and It Is her understanding that a draft of results of that study will be available within 60 days. She su gaited waiting until that time before approving any construction in floodway. Chairman agreed that these are legitimate concerns but advised that these questions will be addressed during platting stage. 'Ile said that subdivision regulations adopted +n 1983 specift6i lly address this, that no construction is allowed to affect downstre a ,`that offsite improvements would be required, Mr. Sldor asked if she would be in favor of proposal if all drainage problems were corrected and all requ!rements of FEMA were met. Ms. Schueler said no, her concern is flooding and value of their homes, that she didn't think construction should be allowed in designated floodway. Jim Rogers 3000 Santa Monica, said that developer has worked witA them on question of density, that has been addressed in a satisfactory manner. He said they are still concerned about water, about additional runoff from driveways and roofs. He said they have problems with runoff from Forrestrtdge. He asked that request be denied for now, that development to delayed until they tan see some hard facts about how the water can be handled. He asked that city put planning ahead of crisis and find some way to handle the water. Jeff Bodley Acme Brick Company stated they have two concerns. 'they feel there should be some sort of screening separating their industrial use from proposed residential use such as fences or berms. He said another developer said he was going to put in a fence but it was never done. People from that development come onto their property, it is dangerous and Is not a particularly attractive site as they do have equipment and pits. He said they feel the residential area will create problaes for then and for people occupying those residences. He said they contribute to economy of Denton and do plan expansion In the next four to five yyears. They also feel that Mission Street should be a dedieated trun route through this development to Teasley Lane, Billie Hubbard, 3011 Santa Monica, stated her house is flooded during normal rains. She is concerned about what is going to happen during construction, to roads with construction materials coming in and to the water. She questioned elevation stating that Ruth of Denton is being ruined because it is being sliced down. Chairman advised that many of these questions are addressed during plettin stage that Coawission has a conceptual idea of what is going to happen, that a detailed site plan must be submitted before developabht occurs which will require another public hearing, 71TI P. ,~°g ll~e~~tes June t6; 1985 page 6 Mr. Pe1~ vso c emented that Commission is lookiny at land use, trot 3ratnage pro lea is important but it 3s a tech- nical question. Technical questions are answered at platting stage, zoning has to be looked at first. Ms. Hubbard asked who has control over people who are doing the construction work. Mr. Clark advised that City of Denton edoted an erosion control ordinance on June 1st of this ;ear, that city will enforce it during construction. Mr. Pearsoll expressed concern about damage to tho area by construction. He suggested a drainage study for vhole southern area of city. He said they are having problems from Forrestridge and the development across from the school, there is nothing to prevent ttie damage that occurs.` He also pointed out that'existin sewer is inadequate, It Is well over capacity. 116 said oe realizes it is being improved but he questions whether it is going to be enough for all development proposed. Mr. Rumfield advised that present upgrading of Hobson lift station will handle this development and sevo"ral more, that it is anticipated that it will be completed in a couple of months. Mr. Pearsoll asked who would protect them from all the mud durtr.g this development. Mr. Clark repeated that city's erosion control ordinance is now in effect, that it is his responsibility to enforce it. He said that detention pond:, u111 be required that no construction will be allowed unless they build the detention ponds. Ed Meyer stated that with detention ponds and lakes he is concerned about the small children. He is not in favor of ponds the land is being used now for wildflowers and trees, t"se are being taken away from them. He said that Denton now has 430 single famil; homes on the market for sale, that he doesn't see the need for tearing up all the greenery. He added that Teasley was repaved last year and is already breaking up. Mr. Sidor compented that with the total 200 acres under one developer there would be better control of drainage and utilities. STAFF REPORT: Ms. Carson gave history of this property an s a e at this proposal has reduced density to 800 units, that it includes single family, duplex and cluster housing, tennis club and parkland. SAS` said it is a low Intensity area, that with this proposal area would be 8 percent under intensity standard. Drainare is a major issue however, the Elan has been reviewed and it is felt that detention will be adequate, this will be addressed further during the platting stage. Transportation is a concern, property is bordered by two adequate streets, there are problems as far as circulation is concerned. There has been a request o make Mission Street a cr1- lector street, sidewalks are required on a collector street. She continued that no private access will be allowed on Teasley or on Hobson and with completion of the Hobson lift station sewer proSlea will bu solved. sendgs'rpprovolasubject toiioepfollowintnronditlons one i r. '-w lr~ 1 Y t i ° Y ~'~{'Vb Y" ..7 Ps AS.~ V L 1 r; Ji nA, '.1 , ~i '{r, w . a '6 Z 101100 Juo f6, 1985 Page 7 1 A coxprehen}ive site.plan Must be A roved by the Planning and inning Commission and City Council. 2. Electric service to the development shall be underground with the exception of one overhead transmission line. 3. Final details of street alignment shall be determined in accordance with City of Dentoh Subdivision and Land Development Regulations, 4. No private or residential access will be permitted from Teasley or Hobson Lanes. 5. Development standards (setbacks, lot sizes, lot coverage) for the SF-160 SF-13, SF-10, SP-7 and 2-F areas shall be consistent with the standards for those districts and with Article F, Section B, Primary Residential Uses, of the Zoning Ordl,:jance. 6. The single family areas must ',e developed concurrently with the cluster hou'sin8 areas. 7. The lake system in the development shall be maintained by the developer or homeowner's association unless the City agrees to maintain this area at the time of platting. 8. The cluster housing will be attached units typpically four-plexes or six-plexes, with a maximum Aeight of two stories and with common open spaces. All other development standards shall be consistent with standards for single family attached units in the City of Denton Zoning Ordinance. 9. Existing trees on the site shall be preserved when possible. 10. A living fence or a six (6) foot masonry fence shall be constructed along the western boundary of the cluster housing. She said if Commission is Inclined to approve request, staff would like it to address the issue of Mission Street being a collector street and whether it should be extended to Highway 377 or whe0er it should stop at boundary of this planned development. Mr. LaPorte said the developer has already inquired about purchasing right-of-way from where it leaves his property to 377. He questioned the condition preserving trees asking who would enforce that condition. Mr. Ellison replied that it would be a negotiation process with Development Review Committee. Mr. LaPorte asked about plans for Teasley Lane and Mr. Clark said it is in the flue year highway department plan, however, there has been no formal commitment as to when from the state. City hai voted bond money to participate and he feels the citi should force the state to make a commitment. He said `he city is looking at widening the portion between 1 35 and Pallas Drive this year. Hr. Sidor asked if Teasley was not a farm to market road would perimeter street regulations apply. Mr. Clark said that normally applies to 3ea1 coat roads, that this is actually, an im- proved road with full depth paving, that he doesn't know what the legal position would be. On question about Hobson Lane, Mr. Clark said it Is a city street which will be reconstructed this year, that developer will have to install paging, curb and gutter along his frontage. RERUTTALt Mr. 8dwards said that most of the comments concerned drainage and engineering, He said that PENA his published a pamphlet on requirements for modification of Eloodway, that those requirements will be followed on this project. He said they Are planning on detention and have done sore preliminary calculations on the site, that 50 itre feet of storagle can be provided on this site plan and that can be adjusted if netessary aftsr final colcu- k S l1 V,n Z f y's y~ "0.. K~. A. 8 ¢ 7 4 7771 P q',1=litnilte3 June 26, 194S Page g lations. He said it will be adequate for protection of downstream and that It will actually help as all silt- g2i+rated by this development and existing developments s.o,y Londonderry will be caught byy' their ponds. He said sewer capacity has been addressed by staff. He said that Tessloy Is Included in the highway dopartment four year plan for funding between 1986 and 1990. It will be a four lane taciliV., and will increase capacity from 10,000 to 40,000 trips per day. This development will not exceed capacity of street. He said that Teasley is the desig- nated truck route and city engineer will require all trucks to enter by Teasley, not by Hobson. He added they feel they have mat all concerns that were expressed at the last meeting in reducing density and feel this is a livable plan. Mr. Sidor asked about petitioner's reaction to extending Mission Street to Highway 377. Mr. Smith said that Mission Street curr9qtly ends at a storage shed in the middle of street. He said the only obstacle they would have is they would have to cross Acme Brick property and acquire right-of-way. He suggested that city could condemn right-of-way, He said they do not now abu- Mission Street, that there is property between their tract and existing Mission Street. Mr. Sidor asked if this could be handled at platting stage and Mr. Smith said yes. Ms. Carson said that staff is not recommendin that Mission be a coillector street, that staff wou d like direction from Commission. Mr. LaForte asked petitioner if he had met with all people. Mr. Smith said before his previous request he pad con- tacted every home owner within 200 feet, that comments and questions at that time wire about traffic, drainage and density. After the last meeting he met with repre- sentatives of those homeowners and they indicated they did not disapprove. He furt;:*r stated that when the last large rain occured he was on the site during the rain and shortly thereafter. He said property is very flat and a few inches of water covers the property. He said they are going to provide drainage capacity to control that water. Mr. Barrett said most of people were not necessarily opposed to development, they were mostly concerned about d-linage. Public hearing closed. DECISION: Mr. Sidor moved to recommend approval of Z-1746 wfE-Keven conditions as suggested by staff. Seconded by Mr. Juren. Vole was called: Aye - Escue, Juren, Pearson; Sidor May - Claiborne, Sole, LaForte Motion carried (4.3). Question of whether intent of notion was to extend Mission Streat all the way to Highway 377 or to develvperls prop- erty line was raised, Question was, asked whether developer owns all the way to $77 and answer was that Atee owns a settlon that connects to $17 which is not a part of any street. Mr.`.Sidot commented that it was his intentid'n to recommend extension of Mission Street as 'a' collector street all the way to Highway 377 as there Is ho advantage in haw ing Mission as a collector'$treat if it Is going tr deadend at developer0s property, that it should be extended to 377. :q r .r ,.w %12 'qI r 1 Y v 3 I r ~a l ! 9" Fi M'Ct 7 , it, June f 6; 5 Page 9 .Ms. Ctrsoa said that planning and enginee'ring''staff would like that. Mr. Sodley commented that it is in their interest to see street go through and they would not hold anybody up in acquiring the property. Mr. Norris advised that Commission should reopen consid- eration of case. It was moved by Mr. Escue and seconded by Mr. Sidor to reconsider request. Mr. Juren said he feels requiring the developer to improve Mission Street to Highway 377 would be overburdening the developer, that when adjacent property comes in they can pave. Mr. LaPorte commented that most of property is already platted. Vote was called and motion to reopen consideration carried 5.2 (Mr. Juren and Mr. Claiborne voted no). Mr. Sidor moved to recommend approval of Z-1746 subject to the following conditions: 1. A compprehensive site plan rust ba a roved by the Planning and Zoning Comalsslon and City Council. 2. Electric service to the development shall be underground with the exception of one overhead transmission line. , 3. Final details of street alignment shall be deter- mined in accordance with City of Denton Subdivision and Land Development Regulations. 4. No private or residential access will be permitted from Teasley or Hobson Lanes. S. Development standards (setbacks, lot sizes, lot coverage) for the 50-16, SF-13, jF-10, SF-7 and 2-F areas shall be consistent with the standards for those districts and with Article F, Section B, Primary Residential Uses, of the Zoning Ordinance. 6. The single family areas must be developed con- currently with the cluster housing areas. 7. The lake system in the development shall be maintained by the developer or homeowner's association unless the City agrees to maintain } this area at the time of pplotting, B. The cluster housing will be attached units, typically four-plexes or six-pVexes, with a maximum height of two stories and with common open spaces. All other development standards shall be consistent with standards for single family attached units in the City of Denton Zoning Ordinance. 9. Existing trees on the site shall be preserved when possible. 10. A living fence or a six (6) foot masonry fence shall be constructed along the western boundary of the cluster housing. 11. Mission Street shall be constructed by the developer as a collector street, xlth 60 feet of right-of-way, between Highway 377 an3 Teasley Lane. Seconded br Mr. Pearson. Ms. Carson advised that part of the street is already constructed rlon Acme property, that offsite improvement would be needed lot;c.onstruction between existing part of mission and Mission Street that would bt. hullt.- i, L r . i A" '*YPI~' i e F c 1, ' f ti. A! N'~ v~ e7~ K 'P gVi Mix_t s` .dune t6,9~5 Page to Mr. Pearson said that he understood extension to 377 was a staff recommendation. He moved to *%end motion to delete condition 11 on basis that there would be problems with condemnation. Mr. Clark said he would like collector street extended to 377. Mi. Carson said from a planning standpoint it would be preferable to have Mission extended to 371. Mr. Juren seconded the motion to delete condition #li stating that he has no problem with 60 feet of right- of-way but does have a problem with condemnation. Mr. Sidor said #11 is a condition of approval, that if Mission Street is not extended to 377 there is no need for 60 feet of right-of-way. Mr. Pearson suggested having a 60 foot collector now within this development and in the future connect it to 371. Mr. Clark advised then all citizens would have to pay for the street rather then the developer, with major traffic of land, paying for it because he uses it. Vote was called on amendment: Aye - Juren, Pearson Nay - Claiborne, Cole, Escus, I.Forte, Sidor Motion failed (S-2). Vote was called on original motion: Aye - Escue, Juren, Pearson, Sidor Nay - Claiborne Cole, LaForte Notion carried ~4-3). 1 1 r 9 i I 1 a 1 R^ ~ C w c~ ? j '.7 7~i,i yy'. +Ts a - ' R h r, F'f b DI Ti t' 0116185 Clif COUNCIL REPORT FORMAT TOt Mayor and Members of the City Council FROHs G• Chris Hartung, City Manager SUBJECT: Public Hearing for zoning Case S-184 RECOMMENDATION: The Planning and Zoning Commission considered this item at its meeting of June 26, 1985 and voted to recommend denial of S-184 by a vote of 7-0. SUN W'A' I This is a request for a specific use permit in a single family W-7), district to permit the operation of a day care center and pre-chool on a 2.1 acre tract located it the southwest corner of Sherman Drive and Hercules Lane. BACKGROUND: The proposal has a favorable Development Guide policy rating in terms of strict site design control, density/intensity standarda, traffic planning, access and parking, and green space!recreational facilities. Neighborhood opponents felt that no amount of tuffering, site design control, or parking would be sufficient to protect the resid6ntial integrity of the area. PROGRAMS, DEPARTMENPd OR GROUPS AFFECTED: No applicable. Flb~'AL IMPACT: No impact to tha general fund. Respectfull submit d: G. Chris Hartung City Manager Prepared by: Doll 14e ~ c `$p Y Urban P nnii` Appro d: Jeff Msys r„ Director Plioning and Community Development i112a 1 T~.,. y ♦ G a Y', t v n;. v ; 't' ° k r 'n; t [ -~t r r ' S;'5 f R.:x t "a. iN i 1` _ ` i ate ~ F ~a11 PLANNING 0 ZONINGCQNM'ISSION RECOMMENDATION TO THE CITY COUNCIL To: Denton City Council Case No.: 'S-184 Meeting Date: July 16, 1985 GENERAL INFORMATION Applicant: Peggy Burnside 306 Bluebird Denton, Texas 76201 Status of Applicant: Day Care Center Director Requested Action: Approval of a specific use permit for a day care center and pre-school in a single family (SF-7) district Location: 2321 Sherman Drive, southwest corner of Sherman Drive and Hercules Lane Existing Land Use: First Church cf the Nazarene surrounding Land Use and Zoni►ig: North - Vacant; A South - Single family residential; SF-7 East - Single family residential, Vacant; SF-10, PD-90 West - Single family residential; SF-7 Denton Development Guide: Area is designated as low intensity. SPECIAL INFORMATION Transportation: The property has frontage on Sherman Drive, a primary majo: arterial, and Hercules Lane, a collector sized street. No improvements will be required on either of these streets. Parking: One apace for each employee and one space for each ten chidren is require for A,day care center, A circular drive that will adequately,serve the same traffic load, Approved by the traffic safety`director, may be r; v mrv r t„ L Yk ) Z'°'TS'fi iTJ"J. x}rla >•`~✓4iw x~`7 wVr ~ d ^ ~~r r .r r w bi ~ 9 r .an 6 Sve 'r , t (Cosa 8-184) Page Two SPECIAL INPOR1T16N (continued) Parking: substituted for the required public parking. One hundred (100) existing parking spaces are adequate to serve this site. Utilities: This site has adequate utilities as an 8' sewer line is located along the Sherman Dri%4> frontage of the tract and an 8' water line exists along the Hercules Lane frontage of the property, Drainages No major drainage problems exist at this site as drainage facilities were reviewed when this property.was platted, ANALYSIS This Bite is located in a low intensity area. Day care center requests re frequently proposed in residential or low intensity ( areas and it is practical to expe•.t day care operators to choose a site t:iat is near housing and canvenient to families with small children. However, the fact that day care land uses are not pu►ely residential in character should never be overlooked when evniuating proposals, In low intensity areas, staff applies Dtatgn Development Guide policies which encourage some land use d versify if protection of the neighborhood and adjacent housing is providei, but discourages concentrations of multi-family, office, commercial, and other higher density uses. There are fi,e (5) key criteria that diverse land uses siaould meet when proposed in a low igLb naity residential area. This proposal has a favorable rating in terms of the following Development Guide criteria: 1. Strict site design control within one blocs; of existing low densIF risk entiallaann use rov a This is a specific use perm request. Specific coons and development requirements can be attached before occupancy occurs. Ample parking exists, and some type of screening device can be required along the property dine abutting residences to provide adequate screening and reduce noise levels. 2. The overall density/intensity standard would not be violated wlEh tfie~development o is part cu ar proposal. kTaA ~M ` ITNPT~qlr nTfVY'M'~~ s.`TM' r;r 'FS4Rd'Ir Y'~ln 'sa ? z . p F r R. } s {Case 37184 Pd9e.,ree ANALYSIS (Continued) 3. Traffic planning ensures access b% a collector street or larger an no through local ow ens streets. Hercules Lane (collector street) provides immediate access to the site. This is different from most day care center requests that are typically proposed along standard residential streets. 4. Sufficient reen space area for recreational facilities is rovide`a,' The entire tract is , a.res with 8#000 square feet reserved for playground area. This a)so differs from most day care center requests that are normally proposed on standard sized single family lots. 5. Input - into iPnning b the neighborhood has been urged by staff, ut it is always difficult to ascertain the degrea of input solicited by the petition©r or offered by neighbors when `staff is not directly involved. RECOMMENDATION There was strong neighborhood opposition to this request at the Planning and Zoning Commission publ.c hearing. Opponents expressed a strong desire to maintain the residential integrity of the neighborhood and felt that no amount of screening or method of access was sufficient to reduce possible noise and traffic problems, The Planning and Zoning Commission considered this item at its June 26, 1985 meeting and voted to recommend denial o« 8-184 by a vote of 7-0. ALTERNATIVES 1. Approve petition with conditions 2. Approve petition without conditions 3. Deny petition ATTACHMENTS 1. Location Map 2. Specific Use Permit Site Plan 3. Reply Form Totals 4. Property Owner List 5. planning and zoning commission minutes of June 26, 1985 1040a r,i". 'i - ' .-r Z t 'F y, i'~+.~ e ski{: :!y 7 :n i;k c f ri' 7 Pt}-79 $ l 84 SF, 7 .:r.'lr.li 1 4 , >rTY.~1{ ` i t 71 F1, 6 P44 V 1 • , Y Y~~ i i ia~1 qq~ gyd PD-25 ~ f 4, S~84 .L 4 f. %I e - r ~r~r + ♦-i + p ~ »sI a i,l,. lion ho "m "Ni A 40 . •w• ` s 184 ~xlil ~ ro t a;: ~ Pavu kwt~ Aoa1 gKiw ks•~u AIL \ I\ f~~f S+ ~1~Or10U1! l~MT ~S " 1 Mi~MtMTYO~M~LW IN UNM 1 ""a" owns E ` LI rw NW r INf 6" go mom do • n' a' Mat a" M NN w~ nGfMri MA► MHN~ karq.l+. J 'V. wr MEMO" ON." !r i v, ;n ;J.'y.l r'n.4 z T'w a' f ii.~+°. ° N V ~.-0+j' fY+-S'Rw• :at.. .t+-a} v i, .,v~ Y,r MI 5. ~.•It, V r • Y;, REPLY FORMS PROP. ERTY 00' CITY COUNCIL s-1d~ IN FAVOR IN OPPITIQN UNDECIDED Robert J. Hooper Ellen Bing ,tram 501 South Hickory 2601 Picadilly Denton, TX Denton, TX Peggy A. Bird and Dwiqht S. Bird 260t~ Picadilly Denton, TX Dick & Teri Smith 2609 Picadilly Denton, TX Deanna & Mike McClesky 2613 Picadilly Denton, TX' Lyndal M. Bullock and Aileen Bullock 2617 ricf.dilly Denton, TX Carole & Ray Busby 2621 Picadilly Denton, TX L. & Elsie Darisell 2625 ;Acadilly Denton, TX John & Shannon Child 2600 Picadilly Denton, TX Allyene Whaley 2606 Picadilly Denton, TX Lyle & Martha Springer 2610'Picadilly Denton, TX Lou & Bob Cannon 2616'Pcadilly Denton, TX Beverly & Jo M, kampoldi 2620 Picadilly Denton, TX A petition with 104 aignatures was also received it opposition. r,. A I ~ M S; .j "a. t _.,~k 97 V I eg . ~ fri+ 1AI 3W - + ty+ 61; O It AW 1 -!7 , '44 100 Y r V QC) ,r Sim i'' + ICQ r O'l r . 5 J 7 15 j y i r, y rS '+s i'3"` r 4r`+iv,F k`1-^" :4 170 I,'r s r ;y:. p i' F. X R4 t i a e` e a ry;5~ 1e 1 .P .2 Me) - votmn a 7-oW&Aid LA ,A. S' P~'~ t Minutes Jugs 16, 1585 Page g C, 3.184,. P tltion of potty Burnside reqquestingg APDD oval Oltaspecific use permit In a single Nally ISP-75 zoning district on a 2,1 ace tract located at the southwest; corner, of Sherman Drive and Hercules Lane. The property 1u "PROVED) is more particularly described as 2321 Sherman`Drive, lot 1, block 1, of the Nazarene Addition, it approved, the specific use permit would allow the operation of a day care center in a single family (SP-7) zoning district. Sixteen notices were mailed to property owners within 200 feet= no reply forms were received In favor. 12 reply forms were received in opposition. One reply in favor from a person not on the milling list was received. A petition with 104 signatures in opposition was also received. PETITIONERS Reverend,Bu:nside, pastor of the church ZiT.*, IT -MooTe present in favor to stand, about 20 responded. He stated that they are requesting perm isslon for a pre- school and day, care center for ultimate use of their facility', that this is a growing comaunity with a large number of working mothers. He said there is only one other facility north of University and they feel there is a need. He continued that the Church of the Nazarene is recognized as a leader in Christian education, they would be providing a Christian environment and feel it would be an extension of ministry of the church. He said they have invested about a hstf million dollars in their facility and would like to use It more than once a week. He said he did not feel traffic would be a problemm as most of cars would be using Sherman, which is a state highway, and per- haps Hercules, which is due for an enlar ement in coming years. They would handle only 60-60 children, they have a large area that could be used as a playground, It would be fenced. They feel use would be an asset to community and provide for a need, U sty Burnside said she is the petitioner. She advised s this would not be a business venture, It would be a service to church members and to the community. IN PAVOR2 Jerry Span, member of church said he is a PATS M,,Of r proschoots and Ilkes the Idea of having a day care center at a church. He said It will provide a Christian' foundation for children and will meet a need for this mart of town. Wayne Hunt said he feels location is excellent, that with growth in that part of town, there will be some traffic problems. Larry Haneelmin, member of church, tated he has just been retained as custodian of the c urch, that it is a new facility and grounds are not perfect. He will be starting to improve the grounds. Irene, Streets stated she feels it is important to teach young children the basic idea to reach out and love, 'this day care center will do that. James Vickery, 3604 Yellowstone, stated there is a need for Christian day care in this growing community. Connie Eason stated she supports the request. Tim Oro s, member of church, stt,ated ha $upDOtt$ request and tee s there Is a need foe say care center. ~ S• w 1- y rv -a 7"t, ary.~ a .kr a, y,a rti-r ~ .rn,. 1 - . a v T . ~ . ~.p b 2 Minutes June 26# 198S Page 10 OPPOSED: Lyndai Bullock, 2617 Picadilly, stated he is no opposed to a church or to children. He said there is extreme neighborhood opposition to a preschool, that no attempt was made to discuss this with the persons most concerned. He said theqq purchased their homes in a single family coned area and tAey want to insure that it remain so. He ask 4d those present in opposition to stand, about 1 20 responde . He continued that there has already Deena significant increase in traffic on Sundays and on Wednesday evenings, that with a day care center there would b? a traffic problem averyday. He referred to Hercules stat- lnS that it is an extremely narrow street from Sheraton to Sherman, that it is heavily travelled as it connects to Stuart. There are no sidewalks and it is hatardous to children. He said there is only one access on Hercules, that it is a short distance from a dangerous intersection. He referred to staff report comment of Development Guide policy allowing land use diversity if adjacent homeowners are protected. He said one thin has already happpened to hurt their property which was allowing a church that failed to meet building codes to be built. He said it is an ugly building, He said all homes face the church as all streets in Royal Acres are of a higher elevation than the church and the houses have a view of the metal building. He referred to staff's recommendation of a six foot fence stating that it might reduce visibility but not noise. He referred to the unsightly commercial dumpster already existing on the property and said that a day care center will necessitate commercial food deliveries. All this will increase traffic and the fact that the only access for church is on Hercules will increase traffic onto their residential streets. He repeated they don't went the day care center in their neighborhood and requested that it not be granted. George Carroll owner of kiddie Corral at 808 Shorman said that Commission had earlier refused his request for expansion of his existing day case facility because of traffic. He said if this is approved, then his expansion should also'b,, approved. llicbsel Rampoldt, 2620 Picadilly, stated that Hercules is a hstardous street, that day care center will lncrea,) congestion and the chance of injury to their children. ' Lou Cannon, 2616 Picadilly, stated her house backs up to the church, that she does not have a view and believes this metal building has alre,idy devalued her property. She said she is concerned about traffic and safety and also about value of homes. She does not want a day care center in her back yard, Hrs. Lyle Sprin or, 261P Picadilly, stated she liver immediately in lack of the church. She said she han worked in a church day care center, that it is a vvy lucrative tl'ng to come in and start a day care center. She said thk* have to look at this monstrosity of s building. Tva y don't think it is fair that church does not pay taxes; they have to pay taxes and their propert/ vatues are down. She doe• not want a day care facility In her back yard. Shannon Child, 2600 Picadilly, stated that the church Luilding Is located on the back of property that day care facility will not be In the frost, 'She'seis she doll not watt the noise of children In heir back yard, that view of building is b W encugh. YY 4 1 ``iv 'As7 ry ;t {k. ,a 4La .W„t Fy N r w . nor A w, 's1 R tW Qv T r mS , tf ^..3 3 r M1'. ~,ip Rf °+.e,4 F r.' R~ ; ~:r ,Win ~ r h'cC y `dY. June '16,!l9 11 Page II STAFF REPOgTf Ms Spivey stated this is a low intensity EPsli;'"111TY-17evelopment' Guide encourages land use diversity In low intensity areas if,protect W n of adjacent housinjj is pprovided. She referred to key criteria to be met and sold that most of erlteris would not be violated by this proposal, that a specific use allows for conditions to be attached. Adequate open space is provide,.' tipple parking exists and screenin can be required abutting residences. The overall densityrintensity standard would not be vio- lated. Hercules is a collector street and provides tomed- late access to'$its This is suerlor`to most requested day care sites as It is a 2.1 acre tract and Is located on thantaastandard residential st~eetcandea standerdtreeiden- tial lot. She said staff is not sure about input by neigh- borhood, Wavers this is always urged by staff. She continued that zoning ordinance does pFermit churches in any area and as tong as it meets building codes, which she assumes It does since a certificate of occupancy has been Issued, that city his no say over design and type of building, Mr. LaPorte asked about arch!tectural control of building so that It would comply with neighborhood and Ns. Spivey replied that this type of condition had been attached in the past to some PDs, however, In this case an existing building would be used. that purpose of specific cse per- sit is to allow specific uses and attach conditions to protect houses in area. REBUTTAU Reverend Burnside said that he did endeavor fo fi ':with neighbors aborit this request, thst property owners on Picadilly were %ontacted by representatives of the chinch. He sold that building is there, that it meets bpilildin33uiindethe faccithatritnlsctherehfi net unebrocon•_ slderation here. The question Is whether they can put.in a day care center that is needed in the area. He said they will have to comply with licensing requirements of Department of Human Resources, that they are attempting to Improve their facilities and be a part of the community. He sold themr are not outsiders coming le, they have been a part of the community for SO years, that most of the congregation lives in this community. Public hearing closed. DECISION: Mr. LaForte sail he likes to encourage thris tion education but feels homeowners deserve protection, that a day care center winds up as a business. He moved to recommend dental of S-184. Mr. Pearson stated that he agrees and seco.tided the notion. Notion carried unanimously (7.0). r. a h CITY 000NCIL REPORT FORMAT v6o Do TOs Mayor and Member.4 of the City COUnoii BRON: G, Chris Hartung; City Manager SUBJECT: Public Hearing for Zoning Case 5-1747 RECOMNSNOATION: The Planning and Zoning Commission considered this tom at its meeting of June 26, 1985 and voted to recommend approval of 1-1747 with condi- tians by a vote of 7-0. SUNMIIRY C This is a request of a change in zoning from the multi-family (M?-I) and general retail (OR) districts to the planned development (PD) classification on a 9.8 acre tract located on the west side of Bonnie Brad Street approximately 300 feet north of li. Oak Street. if approved, the planned development will permit the development of a hospital/medical center complex. BACKGROUND: The intensity/density standard for this moderate Intensity area will not be exceeded if this request is approved. rh proposal is co,apatibi w%th Development Guids policies and surro Ind used, PROGR1tMS, DEPARTNENT.S OR GROUPS ABPSCEDD: Not applicable. FISCAL IMPACT: No impact to the general fund. ~ Respecu subn d: G. Chris Har,tunq City Manager Prepared by/: P Urban Planner Appr 1 ad Jeff l;ey -R D116ctcr Planning arA community Development llila PLiJ NNING ANp 200$"41 COf4M~SSION ;tECaMMENDATION TO THE "CITY COdNCIG To: Denton City Council Case No.., z-1747 meting Dater July 16, 1985 I f GENERAL INFORMATION Applicant: Allen Pierce First Texas Medical, Inc, 560 West Main, suite 201 Lewisville, Texas 75067 Status of Applicant: Senior vice President and Treasurer of First Texas. Medical, Inc. Requested Action: Charge in zoning from the multi=family (MF-1) and general retail (GR) districts to the planned development (PD) classification Location and Size: h 9,6 acre tract located on the west side of Bonnie Brae Street approximately 300 feet north of Nest Oak Street Surrounding Land Use and zoring: North Medical clinics, Single family residential; 0, M11-11 GRI A South - Retirement centers PD-51, MP-11 0 East - Single family residential; SF-7 West - vacant; C Denton Development Guide: Acea is designated as moderate intensity. l SPECIAL INFORMATION Drainage: A drainage problem exists in this area. The downstream drainage imptovements will need to be extended, The drainage problem will be considered during the platting process by the Engineering Department and the Development Review Committee, SPECIAL INFORMATION (continued) Utilities: A 16' water line in Bonnie Brae street will provide service to this development, An 8" sewer line is present in Bonnie Brae street, and ifM 100 sewer line is located on the western boundary of the property. Gas, telephone and electric services are available to this tract. Transportation: The property has frontage on Bonnie Brae Street, an improved primary major arterial, and on 9Vripture Street, ANALYSIS The petitioner is proposing to build a two story, 50 bed hospital on this site. The .x;9.8 acre site with frontage on Bonnie Brae Street is combined with the existing medical clinic to the north to form a hospital/medical center concept. The planned develop- msnt will allow corridors connecting the proposed hospital to the existing clinic to cross property lines without violating the City of Denton zoning Ordinance. During earlier zoning requests for the site immediately south at 215 Bonnie Brae Street, staff suggested that piecemeal redevel- opment of the single family property fronting the west side of Bonnie Brae would not be desirable. Some members of the Planning and Zoning Commission expressed concern for poorly planned redevelopment of remaining single family housing and residential character, and sentiments were mixed regarding the future of this Area. Jowever, some commissioners indicated that this area should become the site of medical or health related land uses compatible with the existing medical clinic and offices already located on the west side of Bonnie Brae Street. The petitioner has addressed the piecemeal redevelopmi~nt problem by acquiring a large piece of property to be developed as a hospital to be coordinated with existing clinic facilities. This proposal is compatible with existing surrounding medical facilities. The proposed site plan is consistent with applicable regulations except in the area of curb cuts. The Subdivision Regulations i permit only one (1) curb cut per every 200 feet of frontage on a j major arterial. An additional curb out can be approved as part of a PD request, The petitioner feels that two curb cuts are necessary for safety purposes with the northern cut being utilized for public access and the southern cut reserved for emergency/ambulance ingress and egrets. 77 a ,r , Ear s~ , . Pags- Three ANALYsIg (continued) Green space/open areas and landscaping amenities are included in the site plan. Parking is more than adequate for the proposed land u66>therefore the Planning and Zoning Commission recommends that the two open space areas designated as future parking sites o,i the site plan remain as open space if thie request is approved. Landscaping shown on the site plan should be designed and installed before certificates of occupancy are issued. RECOMMENDATION The Plannin and Zoning Commission considered this item at its June 26, 1915 meeting, and voted to recommend approval of Z-1747 by t vote of 7-0 with the following conditionsi 1, Total number of beds, landscaping, height of structure, ptlrking spaces, and setbacks shall conform to the approved planned development site plan. 2. Open space areas on the site plan shall remain as open space and not be utilized for future parking. 3. Landscaping shown on the site plan shall be designed and installed before certificates of occupancy are issued. 4, An additional curb cut will be permitted on Bonnie Brae St-eet as shown on the approved planned development site plan. ALTERNATIVES 1. Approve petition with conditions 2, Approve petition without conditions 3. Approve petition with additional conditions 4. Deny petition ATTAC8MRNTS n,. 1. Location Map 2. PD Concept Plan 36 Reply F,orrce Total 4. property Nner List 5. Planning And Zoning Commission minutes of June 26, 1985 . + -1 ro ~ i ~ S(t~~1s5~ FiS, Y~rfl a.~ ~~+?~fM ~1. ll ~ t a 7~ ~ ~ ~4 i b ~'t y , lu' ~yY y ,~1 `~!y y ~y ~ Z •~I~ A t~~ nl . y i_ f, t \ A r 6644 1 t. I r ! k •,x d rR ri ~ 1 Y ~ f u~ 71 n u xxx rise* 7tF . or 1 , pp 4 ~ 1 t M,X, ! 1 11 ~ y 1 C r , r1y " C f e + , 4! MAU lit} y u . rF 4,+ e , y' a , ei : ~ Y ~ a~ l t h4 e Af r I ,r1 I r 1 S >A,, N•kAl -W loot '411,!j Ir► , : ' , , f ~r i _ I• • 1.4 -4 AVOW P" I I f. I I t. .1 • t 4'+f! f It; r ff~ I f! }1! f rr r~ • .wy Owl r v 1 .oa+rr ION 1 n'1 r i ~y l r • I 'r 1 41441A, ! • ~ ~ .tel. 4 6-W "e"r tie:: nhr. ~ 11 M~~ ~'c•. t ►•►..yp! 1y~. A^k i .e ♦ , V. , 1 r ' l --1 a t r t 1 ...rr i } r W PR~~PLR'~`K' ER' REPt~Y~~F4RMS CfTOWN'Y COUNCIL ZmI747 IN FAVOR IN OPPOSITION UNDECIDED Bruce C. Coates None Received 407 N. Bonnie Brae Denton, TX ~ gffj7ytr a h Y (i •2 val ,y ).~r' M~.~ 3Y,~ ..y r~l , - Cx 1 % r 7., V r d' -~F.S~e~ 7. T707 ~fi e,:a j..-` °i 1 n x I' •,.'~z 4 w !f.,.,E w ,•i. . A q50 - leo A AV. Oki, 7 I 4k I 9_1 r " 0~6p0 t Andt tofu A,1 WA" • 0 1100 ' %9 11A I! p j f' ,f P # t tfitiUt01 .Juttie 26; 1985 Page 12 t? D. Z-1747. Petition of Allen Pierce requesting'a change in toning from the multiofamily (MP-1) and general retail (GR) classification to the planned development (PD) dis- trict on a tract located on the west side of Bonnie Brae Street approximately 500 feet north of )test Oak Street. (UNAPPROVED) If approved, the planneu development will permit the construction and development of a medical center and hospital. Eight notices were mailed to propertyr owners within 200 feetl two reply forms were received fn favor, none were received in opposition. PETITIONER: Daryl Lumas, president of First Texas Medical, TsTd`; 3 Ek=ed they conducted a survey and found a need for this facility= that a certificate of need was granted by the Texas Health Pacilitiea Commission on August S ,1984 that preliminary drawings have been teViewed and accepteb, that construction is planned to begin in September, 1985 with completion in March, 108?., He i id it will be a 50 bed acute care facility of 11,600 square feet which will cost about 8.4 million dollars. It is a tax paying for profit enttty. He said they fael this project is ideally and centrally located adjacent to existing medical facili- ties, that it will be connected to existing buildings by a covered walkway. Glen Rucker, project architect, advised that exterior will be of brick with a bronze ppanel and with bronze metal open- ings and windows. The .iesign objective was to create on invitin atmosphere visible from Bonnie Brae. On ques- tions,, said ingress and egress will be from Bonnie Brae only, that building will be two story, Greg Edwards, engineer, stated tLat he was retained to review information for unitary sewer and water, that a preliminary plan has, been submitted and reviewed and it meets all requiremen'cs. IN FAVOR: John Anderson stated he practices medicine in lVil a acent area and foals proposal would be advantageous and an asset to the area. Ernest Simpson stated he owns a 100 unit apartment cos lex between this property and Oak Street and is in favor o the project. Peggy Morris stated she owns property at 121 North Bonnie Brae at corner of Oak Street. She feels proposal is suit- Able for the area and is in favor of it. OPPOSEDs None Ixesent. STAFF REPORTt Ms. Sppivey advised that this tract is 9.8 kris `ii' I than 4.8 acres as stipulated in the staff report. She explained that roposed hospital will be combined with avistin facii~tioil thAt one reason for requesting a planned ~evelapment was to allow connecting corridors to cross property lines, She said that Com- mission had expressed concern during an earlier zoning request about piecemeal development on Bonnie Brao Street and Sadical facilities had been suggested as a desirable use,. She sdeI4 that the requested planned development is consistent with regulations except that etitioher has requested two curb, cuts on !<bnnie. drag 8 reet . the hor- the n cut for patIenti'and the southern cut' f6r otter ON wehu less e Two curb cots can be 'ap'roved as 1"Plet at a PD and Developstdnt Review Costmletde fails this would be suit- Able and recommends approval. Shb further stated that a 1 r r 4 r' 1Y , wf .r. n N~h rt^ ~{t; { ,YA ~4:'';`~ ~.1 j `,,r P~✓y 1-. •y { ;'.L k Hry •h` Y r.? 'i Y,h' ,ys4 ti 7 f Jufta'~ 2 HS p6ge13 ■or~f fthhan adegUate parking is shown on the site plan and staas s. that the area designated as open space now and for future parking should be maintained as open space. Staff recommends approval with conditions. Mr. Sidor asked if future expansions is desired would theyy here to come back with another request. Ms. Sppivey replied that expansion would require an amendment of T PD. REBUTTAW Mt. Lumss said that this new hospital has been of 69 their planning table and they feel doctors will enjoy working in it. He referred to staff report which indicates an existing g" sewer, advising that they had actually dug down and measured and it Is a 10" sewer line. Public hearing closed. DECISIONt Mr. Juren moved to recommend approval of 2-1747 subject to the following conditlonst 1. Total number of beds, landscaping, height of structure, parking spaces, and setbacks shall conform to the ap- roved planned development site Qlap. 2. 8pen space areas on the site plan shall remain as open space and not be utilized for future parking. S, Landscaping shown on the site plan shall be designed tsd Installed before certificates of occupancy are issued. 4. Two curb cuts on Bonnie Brae Street as shown on the approved site plan are permitted In the development. Seconded by Mr. Sidor and unanimously carried (7-0). 1 .'I r~'xl s e=~i nY~..w: r~Y: <'~>a . {ce . ~ ~ .r.C t~ ~iti~- ' 1 _ ' ✓ , t . G ~ ifs ~?6 . ~s 1~ ~ ? r n.v.... F' a•,°'++ J f, 'r n ,1~< ! :,i i Y._y 4 no !t.°.. 4f ,K i..;~ i,k(-, r,i % IfAfgs' " 07114/i5 S~Sx..S~4uNOIL ~PORY ro~u►x Tot Mayor and Ksmberi of the'city Council FROKI 0. Chris Hartung.. City Manager SUBJRCTS Z-1,AS RECOMMRMDATIOM { The Planning and %oniag Comiai a ion. recossuended denial of Z-1748 by a vote of 7 to O at its meeting of June 260 1985. The request is for a change in toning from the agricultural (A) to the multi-family (Mr-1) claaifieattoa. MC[GROUNDS The property is located in a low intensity area on Teasley Lane, Numerous toning cases have been requested in this i . and several planned developments have been approved. Additions tgh density uses in this area will cause ojerious problems with transportation and utilities, PROGRAMS, DEPARTHRNTS OR GROUPS AFFMIRDS J Reply forms were mailed to sovsn (7) property owners within 200 foot. MCAL IMPACT% No impact on the general fund. Rapes IIA bm t t MAL 0. Chris Hartung City Manager Prepared byt / [ 11.E b ldlaoys.~- Cecile Carson . Urban Planner Appro dt Jeff Msya Director of Plaadiog and Coawunity Development 12e1g M7,.1 1 x JI x 1 i) PLANNING AND ZONIN'0 COMMISSION REPORT TO CITY' 'COUNCIL Tos Denton City Council case No.: 2-1748 Meeting Dates July 16# 1985 GENERAL INFORMATION Applicants Burke Engineering 406 S, Carroll Blvd, Denton, Texas 76201 Status of Applicants Engineer Requested Action: Change in zoning from the agricultural (A) to the multi-family (MF-1) classification Location and Sizes This is a 6,822 acre tract located east of Teasley Lane and southwest of Bentoaks, Surrounding Land Use and Zoning: North - Vacant, residentials agricultural (A), planned development (PD-82), general retail, cluster, single family (SF-7), Sun Down Ranch South Vacants agricultural (A), Sun Down Ranch, planned develop- ment (PD-68) East - Vacantl agricultural (A) West - Vacant, duplex► agricultural (A), planned development (PD-65), duplexes, office Denton Development Guide: A low intensity area approximately 6% over the intensity standard, SPECIAL INFORMATION TranRportations Teasley Lane is a major arterial and would require 100 feet of right-of- way, 50 feet from center line, The road on the north side would require perimeter street paving or arrange- ments would need to be made with the City. Y' } y ~y ~ '7 w r'r r f { v. % ti ill r ,r t ~ Pa'c Twa SPECIAL I;FORMATION (6~ntinUed) s; Utilities: A 18 inch sewer line is located on Teasley Lane and the developer would need to extend a line approximately 1,700 feet to this property, A 16 inch water line may be extended ' approximately 11700 feet from a stub-out on Teasley Lane, Offs-site pro rata agreements may be requested y the developer. Electric service is available from the City of Denton, Drainage: The existing culvert size under Teasley Lane should be maintained and `.'detention should be used to offset iunoff, HISTORY This proposal is located in a low intensity area that has experienced rapid growth and development, To the north, a planned development (PD-82), originally requested by Dimension Development, includes single family (10,000 and 7,000 squaro foot lots), cluster, multi-f roily, general retail, park and institutional land uses. In,September of 1984, another planned development (PD-87) to the north was approved which includes single family on 16,000 square foot lots, single family detached with a density of 40 units per acre and single family detached with a density of 6,0 units por acre, Sent Oaksp a planned development (PD-65)1XV locate: west of Teasley Lane and west of this site includes a garden office complex and duplex zoning. A planned development (PD-68), approximately 2,300 feot to the south, includes office/retail, neighborhood service, multi- family restricted, four-plex,iluplex and single family (SF-7) land uses, A mobile home park;, Denton West Mobile Home Park, is located south of this request end directly west e,' PD-68, ANALYSIS This property is located in a 14w intensity area that is presently over the intensity standard by 6t, The propobed multi-family would generate approximately 11400 trlp6 per day per gross acre, and this would 2xuee the intensity standard to be exceeded br 128. Low density ',,residential use is the only acceptable zoning it the intensity standard index is considered, i ' wi's^:. rr.n k+1~rt ye ii i"✓.'': f •,.h '1 rF, $ ! rY..` i . 'T^({^F,~'f ":e' nz~7~~...~•A~r}pFTF'..$~ i.{. (Ca6e' Z_i.7`4`8 rage"Three Low intensity areas are the primary residential areas of the City of Denton and the overall gross density should b., 4,7 units per acre. This pi6pbsal Consists of 6 822 acres and approximately 100 units however, this request is for Aiulti- family zoning and not a planned development. Therefore, more { units could be built. Typically, multifamily (MF-1) zoning permits 15 to 25 units per acre or in this case 102 to 171 units, Three planned developments within this area included multi family and/or retail/office zoning. The Planned developmont (PD-65) to the west includes office zoning and the planned development (PD-68) to the south includes office/retail, neighborhood service and multi-family. A planned development (PD-82) north of this site contains 11.44 acres of general retail and 17.22 acreo of multi-family. These concentrations must be separated from any other concentration of multi-family and general retail by 1/2 mile or 501 of the intensity standard length. Thle proposal would violate the concentration policy for multi-family and general retail in a low intensity area in the Denton Development Guide. The request for multi-family zoning will {ot provide an adequate buffer to the single family residential uses to the south and west of this property. CONCLUSION This proposal violates several Dev4lopment Guide policies, including the Hobnon Lane and Teasisy Lane aroa policy which states that only low intensity land ~)ses he allowed in the area. RECOMMENDATION The Planning and %oning Commission recommends denial of 2-1748 > by a vote of 7 to 0. ALTERNATIVES 1. Approve petition 20 Deny Petition VYi V ~s'a w~w t i 4'n'44 t f y; v f . . s f'. 1 r. 7 Pdge Four ATTACHMENTS i. Area Map 2. Zoning Ekhibit 3. Intensity Study Area #40 4. Intensity Study Map 5. Reply Form Totals 6. ` Property Owner List 7. Plann ng and Zoning Commission Minutes for June 26, 1985 0874s f 4 J f ~N a < ~ ' i 1 I~r I' ~ AA v ~ -ARV+iy ~~'pp j ~pE : rw` ~ y: ~IIM~4 r t 33 \ r t r \ J ~ ! ~ j a ',x i fr+.G JELA" I~D, 20 PD-4 r - X 4 ,yM { a OD 6t5 .het l1 +Yf ? JY c ~-^c\.7'f'\iV~~" za i,1 r nt t<~~ I'+Jif 1f4 ~ 1~. I ~i tt,~ ,I ~ ~ r. i ~p , ~ ti ~ ' "J•i M1 G , , IY iYww ♦ •~,I I~ \ i Y'.1' a.! ~ r','~. •.~f. rwl.~ Al r:... F1♦Z.h, `~4 , " i ♦ M:..~IS.+YYr IS F • f 4, sa A l 1J r. f f JM1 Y r S-- 140 t8, ? Y MM ~Id fY1 M r ri V A~ Yrr r r,~i !s r~ v • f ► r r~. 1041 if I lTMpt1~~~,~ ~0 t wy Yr Y`9 ~ * 1` 1 ~ ♦r r { ~1 1 Y ~~Zx. Or ftl ~ y1 rtq~j er + " F~T4111 •1 '.t`!'rM J S I ,~y J i , 4 r yy; x a''1 4~ ~ 4r~ AT kt " 1 't @~Y + w r lt,,~ + 4t 71 Llavi f iwry M.1 n hoof _ wII >d•~it 1//il W AuM11so km41•rWµy i~NIMy • he 4ruA 40e - y 111 r ' r 2 iM\ e1+IrW r ~.~y,*, / Ml.b~ 1 1 ylera ` r tlw~6 ,mow *&do" / y♦~f ..,.~„w 4 ~ r erwlyr, W ~ J oft MOO at, ~y/y' - ~ /rlhJ A4011f~ rA n na+.►~ e W,r.Y ••4r w.Y•~b•wfru..w•w.lrr ''ZONING CHANC&,EWKT r.....ra aha. r..».r...r...r . ~eewwu.r~l r•~+ I. ► r rrM ara . MINA b ' r. •,.wyww•rrrb w•~M Cft ~,Irr•k.Bre,. L. rihYf Ml M..Y.~ra Nyfr lwl aY - t.t, E3' 14, r ' • r I i ` ,t N .f r~'Ti'7rY~?{ v z n 0 t ~1 Lr,.l r. t'~ .n . x M! yy LAND USE INTENSITY STUDY AREA #40 interstate 35C - Ridgeway Drive Teasley Road Neighborhood I. M.M Boundaries This is a low intensity neighborhood) of approximately 363 acres bounded on the west by Ridgeway 'Drive and Teasley Road; and bounded on the east by 1-35B. The northern boundary ;8 formed by,the separation line south of,the moderate Anteneity center at Ridgeway and t-35E. 'The` southern' 'boundary is totted by a proposed collector' street between Teasley Road and I- M , This collector separates PD-20 between the light ir(dustr)al zoning.and the office, multi-family, and areenbelt zonings. These boundaries wore chosen because they correspond to definable boundaries (i.e- zoning) or 1:radttional plan- ping area boundaries (i.e. major streets, easements, etc.) and still maintain an area close 0 the 640 acre model. The intensity standard for a low intensity neighborhood is 75 tripe per day per gross acre. It. Evaluation of Neighborhood Inten6ity Based on Rxieting Land Use Step one - Calculate the approximate area acreage from the concept plan. This neighborhood is ;L 363 acres. Step Two - Calculate the total area trips,pet days 36,3 ae X 75 td/ac a 27,225 td intensity standard. Step Three - Estimate existing land use in gross acreage and calculate current trip generation in area: Existing Land Use Actead TiiDB/DdY 4,0 aB.ysX 34 Wag r 136.0 td 4.0 ac Totals ■ 136.0 td Stegg your - Estimate vacant land in area and calculate min r4up development right reserve allocated for undevel- oped laadf .33 n: F51217 ~ rMFs. t ~Er f .d'~` rs , n`.k , ♦ ri ^i i. '1 v' ' Y. '3~.n ,R4~~1 4. h ~4 ~L~ S e A `f:. Intonsity.study, N40 Page Two INTER ITY 363.00 Total acreage of neighborhood _AJOO Minus acreage of_sxistinq land Use 35900 Acres of remaining Vacant land x 30 Trips pet day: minimum development right reserve 10,770.00 Trips/day; intensity development tight reserve step rive - Estimate unallocated intensity capacity in total study areal INTENSITY 27.225.00 Total,intensity standard for area' (Taken from Step Two) 136.00 Minus intensity currently used in area (Taken from Step Thcee) 10.770.00 Minus intensity development right reserve (Taken from Step Fogc) 16o319.00 Amount of unallocated intensity Step Six - To check the intensity of a proposed devel- opment: Calculate the trip generation of the proposed development and compare to step rive. If lose than the balance o: Step rive, then the proposed development is within intensity policy guidelines. III. Evaluation of No;ahborhood tnt nsity Based on Existing Zoning Step one - Calculate the appproximate area acreage from the concept plan, Thib neighborhood is t 363.4 acres. Step Two - Calculate the total area trips per day: 363.40 as x 75 tpd/ac ■ 27,255 intensity standard. Step Three - Estimate existing land use in gross acreage and calculat4 current trip generation in area: Weting Land Use fi,rreaae ►rine/Dav Total 4.0 ac S.F. x 34 Wee 13610 td 4 < < 4. n 1'y . krs r i 1 "n i'r r $ i,l 71" t %i Y' 11 a q, ' S a.F" t ` ~i t x r 1 r. f~ 1 i, b.J. ~f wins ty Study #40 Page The** Step Pout Eetiaato current zoned ',land'in area and 01= culate the intensity of current zoning on vacant land: &and Uae 363.00 Total acreage of neighborhood 4.00 Acreage of existing land use 359.00 Acreage of remaining vacant land CURRENT Z,ONtNQ INTENSITY ON VACANT LAND Acreaa TriDS/DaY 33j00 so SF-10`x 34 Who ■ 11122.00 116.64 so Agri x 30 td/ac ■ 34499.20 PD-82 includes: 4.68 ac park x 30 td/ac ■ 140.40 1.55 so Inst. x 85'td/ac 131175 35.00 so SP 7 x 47 td/ac 10645.00 30.49 ac SP 10 x 34 td/ac 10036.66 28.89 ac cluster x 110 td/ac ■ 3,177.90 15.00 ac cluster x 80 td/aa ■ 1x200.00 17.22 ac MF x 200 td/ac 3x444.00 11.44 so OR x 650 td/ac ■ 7j436.00 PD-20 includes: 47.49 so L.I. x 105 td/ac ■ 4,986.45 PD-87 includes% 17,60-ac Sr X 60 td/ac ■ 1.056100 359.00 ac TOTALS 28,876.36 td Step Five - Estimate unallocated intensity capacity in study areas intensity 27,225400 Total intensity standard for area (Teton trop" Step Tao) 136.00 Minus intensity currently used in area (Taken from Step Three) - 28,875.36 Minus intensity on vacant zoned land (Taken from Step Pout) 1,786.36 Amount of unallocated intensity based on current toning on vacant land. Vy-ysX42 94~ u xyi g K _ > >t' 3 P, ati"A ` 'i +Z j I'l 3 t -L:1 incini~ty 8t'4dY #40 Page Four Otep six Z-1748 includes: 6.82 ac MF x 200 td/ac 1.364.00 Intensity 27a MiOo Total intensity standard 136.00 intensity currently used in the area 28,875.36 intensity on vacant zoned land 1.364.00 intensity on proposed zoning 3,150.36 Anount of unallocated intensity based on proposed development The intensity standard is exti6ded by 7%, and this proposed development is 12% over the intensity standard. y; 0485a . ` Ytl • INTENSITY tTUDY ANA f40 ry, -49 10 -1 SF T - SF- Ip Po A PD-ru PD- P.0 i N SF•16 I PD-65 • r NORTH RCAL14 16-IOW `~ci b v 6'A 5 r 'Ft." J ' 1 k°' ! y 1 + t ,4y t: as a V 5~I wd< : ' t, r e~. P v r, aP + vt.V . ~,d; . ~ r X3.9 PROPRRTY OWNER RgPL'Y-FORMS CITY COUNCIL Z-1748 IN FAVOR IN OPPOSITION UNDECIDED None Received Jerome Cott 3505 Teasley Lane Denton, TX Kenneth Ballard Route 61 Box 34 Denton, TX Maude R. Newman Route 6, Box 35 Teasley Lane Denton, TX n A'"; s r 1"n.. 4 4 d 3 4 r~ 9) ,n a Mme) IAI. &OU f ~ a G .o 0 OnA -IV I ~ ~Mow , .yYt.~ AY ~&n ry iI,DYk 5 1 a~4 .Y r„~ l..f ♦ a t S I r b. is ' P ,1 2 44 h6tes Page` 160 1485 9. Z-1748. Petition of Burke Engine„zin , representing K; Mlont Brown requeetinp a change ~n tonin from the agticultural (Ai classification to the multi-lamely (MF-1) classification oa ,4`.822 acres shown in the J. Fisher Sur- vey, Abstract No. 421. The property Is east of Teasley La,e (FM 2181) and 'south of Benyytosks. If approved the (IrNAPPROVEI)) ultirfimtly utilized for to he classificationaby the Citmtof Denton mning Ordinance. Y Y Seven notices were mailed to property owners within 200 feet; no reply forms were received in favor, three reply forms were received in opposition. Four replies from persons not on the mailing list were also received in opposition. PETITIONER: Lamont Brown, owner of the property, stated It Is not is intenti,vA to sell the property for develop- ment to the maximum, it is his intention to build what is proposed. He sald'they''plan a cluster arrangement, where theyy can haves ecific units for specifit qeopple that will comply with standards for setbacks, width o~ streets, etc, There is s beautiful white fence around the propperty, however, if neighbor contiguous Wants 'a board fence they will comply. He continued that it is their proVossi to offer something usiique, that buildings and grounds will be developed for peopple who are physically challenged. Recreational areas will be planned with this In mind, tennis courts and shuffleboard will be designed so those in wheelchairs can participate. They are thinking of a swimming pool in an "L" or "T" shape, where water is not so deep, with seats and rails. He said they will bring in a person physically challenged for input before the final Klan. He added he had talked with staff and thought he ad their support as he had reduced number of units. Plans are for 100 units, however, he would consider reducing that number by 20 units, He would prefer to keep 100 units as reducing number would increase cost per unit and he doesn't want to price some people out of the market. He continued that he feels this particular location is ideal, that there are alrehdy two other community deveiopaents of a special nature in the area, the Denton State School rnd a center that caters to seor citigens. He feels that looking toward the future and mass transit it would be easier to plan for handicappped if all were located in the same gen- eral quadrant. He said he is trying something new and would like support of the Commission. Pablo Rubio, engineer, stated that riiht-of-way, water and sewer requirements, and drainage probems have been dis- cussed with Mr. Brownand he does not see any obstacles to these problems, IN FAVORS None present. OPPOSED: Jerry Cott stated that he owns acreage that sari ndi this project, He said he is opposed to what is being proposeds,that proposal does not meet intent of Development Guide to it is too much density. He said traffic will further tax Teasley and will negatively affect value of his property and that of his neighbors. He sold he is also aaasking fer Dr, John W uro, lie said that fir. Brown told tit several months ago that he had no inteantion of building on this pproperty but would sell. He said he feels this is speculat3vei that project should not be-approved,` He sold that he is'not against development ih the area but asks that growth be controlled, He sug- gested SF-16 for the property and asked that petitioner be requlred to develop as SP-16 within a specified length of time, i 7.a,~~.:-r±r 7 t' ox T 11 T:11 P 6 2 Minutes June 26, 1965 Paso 17 Floyd Halbert stated he owns property about 300 yards south of this property on the vest side of Teasioy and is also speaking for his mother-in-law who adjoins his on south. He said he is against the request, th4t traffic is bad now and there are problems with Hobson lift station. They fe31 proposal will bring property values down, Kyle Thompson ttated he lives across FM2181 about 300 feet from this grope ty. Ile sold he couldn't see how proposal can be put onto 6.8 acres and feels that a multi - family project will ruin the entire neighborhood. It will devalue their property. Jean Halbert said it would hurt value of their property, that adding an extra 100 units will make Teasley traffic situation worse. STAFF REPORT; Ms. Carson stated request is for MF-1 :on , several other developments have occured in area'whtch affect Development Guide concentration policies. To the north within one half mile is a planned development by Dimension Development, to vest is Htntoaks, to south a planned development includes office and multi-family. Intensity standard is presently exceeded by 6 percent, approval of this proposal would increase intensity stan- dard to exceed by 12 percent. She said the only purpose this property could be developed for and not increase intensity would be low density residential. She added that request is not for a PD, therefore no controls could be put on it and it could bedevel7ped to maximum. She said that Teasley is heavily traveled, they would have to tie onto Hobson lift station. She said that proposal vio- lates the multi-family and general retail concentration policies and also violates the Hobson-Teasley policy of only low intensity, specifically residential, and staff recommends denial. Mr. Ellison remarked that in previous requests in area, Commission was advised that staff would be oppposed to any further increase in intensity. On question, he sold low density is considered anything single family. REBUTTALi Mr. Brown said he does not consider this 6.8 ScrI mould ruin neighborhood, that there are several other developments and he does not consider the neigh- borhood ruined. He referred to traffic situation stating that he didn't anticipate any more problems than already exist. He said he thinks proposal would create a buffer between office/retail and sin le family, that he considers multi-family a good buffer. Ale said it is not his inten- tion to develop ISO units. Perhaps he should have re- quested a PD. Mr. La Forte advised this violates intensity standards. Mr. Brown said he hod evaluated his proposal b Devel- opment Guide standards and it meets seven of eight requirements of Guide. Public hearing closed. DECtSIONs Mr. Juren moved to recommend denial. Seconded y r, scue. Mr. Sidor commented he is not in favor of straitht NF•t or mutt amlty ai a PD, that he thinks it should be strictly sin6Xe isaiiy construction. Vote was called and motion carried unattimously (1.0). DATB3 071161$5 CITY COUNCIL RS&Af FORMAT TOS Mayor and Members of the City Council ~i J I FROM: 01 Chris Hartung, City Manager SUBJECTi HOLD A PUBLIC HEARING CONCERNING THE PETITION OF THY CITY OF DENTON FOR ANNEXATION OF APPROXIMATELY 115 ACRES OF LAND BEING PART OF THE J. WEST SURVEY, ABSTRACT 13310 AND BEGINNING APPROXIMATELY 50000 P8ET NORTH OF U.S. HIGHWAY 380 EAST AND WEST Of ROCXHILL ROAD (A-22) RECOMMENDATIONS No recommendation is available at this time. SUMMAR 2 This is a continuation of an annexation plan begun in 1983-84 that will extend the City of Denton's extraterritorial jurisdiction in this area to enable additional future annexations in the area of our future water resource and aid in defining the ultimate northeastern boundary of the City of Denton. BACKGROUND: Final acv.ion on a 175 acre strip adjoining this area vas taken by the City Council on February 21, 1984. The annexation process was initiated earlier, but halted when an error was discovered concerning the legal description and affected property owners. PROGRAMSs DEPARTMENTS OR GROUPS AFFECTED: All of the property belongs to the City of Dallas. FISCAL IMPACTS Undetermined Respectfully submitt S 1 0, Chrfs Hartung P are ys City Manager David Ellison Senior Planner Appro dS Jeff Moye Director of Planling and Community Development ]1959 1079E rt. L L ,IV' u~ NOTICE OF PUBLIC HEARINGS ON PROPOSED ANNEXATION NOTICE IS HEREBY GIVEN TO ALL INTU98TED PERSONS THAT: The City of Denton, Texas, pro odes to institute annexation proceedings to alter the boundary limits of said City to add the following described territory to the corporate limits of the City of Denton, to-wit: All that certain tract or parcel of land lying and being situated in the County of Denton, State of Texas, being part of the J. West Survey, Abstract 1331 and more particularly described as follows: BEGINNING at a point in the present city limits, said point lying in the North boundary line of said tract described in Ordinance No. 84.25, said ppoint also lying in the last boundary line of a tract dasoribed in Volume 607, Pege 363 of the Dead Records of Denton County, Texas; THENCE North aloe the East boundary line of a tract described in Volume 607 Page 363 of the deed records to a point in the North boundary line of the J. West Survey, Abstract 1331, THENCE East aion• the North boundary line of the J. Best Survey, a distance of 3,508 t.et to a point for a corner; THENCE South a distance of 500 feet to a point for a corner; THENCE Vest a distance of 3,000 feet to a point for a corner; THENCE South to a point for a corner in the said present city limits; THENCE west along said present city limits to the place of beginning and containing 115 ac-es of land more or less. A Public Hearing will be held by an before the ity Council of the City of Denton, Texas, on the day of 1985, at 7100 o'clock P. H. in the Ci ouncil C er o e Municipal Building of the City of Denton, Texas, for all persona interested in the above proposed annexation, At said time and place all such persons shall have the right to a pear and bs glace Of all said matters and things, all persons interested in the things and matters herein mentioned, will take notice. A Public Hearfng will be held by and before the City Cou cit of the City of Denton, Texas, an the -Cday of , 19850 at 7s00 o'elock.P. H. in the C tyy ounoil Cnazoap or UK e Municipal Building of the City of Denton, Texas , for al persona interested in the above proposed annexation. At said time and place all such persons shell have the right to appear and be heard, Of all said matters and things, all persons interested in the things and matters heroin mentioned, will take notice, CIT Of D TO TEXAS ATTEST: L01 MIT MKIM .5 4 7T FY f i~ PLAN OF SERVICE FOR ANNEXED AREA, CITY OF DENTON, TEXAS WHEREAS, Article 970a ks 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, aid other traffic control devices will be installed as the need therafore is established by appropriate study and traffic standards. B, Fire equip- (1) Fire of protection the t fire by fighting present force, will personnel be provided ment on the effective date of annexation, C. Water (1) Water for domestic, commercial and industrial use will be provided at city rates, Irom 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) Pri arties in the annexed areas will be connected ewer 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 Vie annexed arek within one month ;after the effective date of annexation* x ~ t r d ,i a r i t r Service Plan Annexed Areas Page two F. Streets (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flew, eta,) will begin on the effective date of annexation, (2) RoutW a maintenance on the same basis as in tile present city, will begin in the annexed area in the effective date of annexation, (3) Reconstruction and resurfacing of streets, Ih5talla- tion of storm drainage facilities, construction of curbs and gutters, and other such mayor improvements, as the need therefore is determined by the governing body, will be accomplished under the established policies of the city. a, Inspection Services (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc.) will begin in the amtexation 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 its 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 offec- tive date of annexation. The same standards tnd policies now used in the present city will be fol- lowed in expanding the recreational program and faoilities in the enlarged city, K, Electric Distribution (1) The city recommends the use of City of Denton for electric power, h W:: k f m ? ~r :[ef_"~ vi t 'N' 1 :J !Nei 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. 11, 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 fudged accordingly to the same established criteria as all other areas of the city. e, t _ t-arr. KF' ♦ i, ..--'F- 'R Tt; ~ ` lll~x~: ii • • J . r r o i RA-TERRITORIAL. JURISDICTION LINE / EXT II fN 1 +F r RHODES RD. 61-A Y N i.. 4..........~.F-t_ . IARTLEE FIELD AD. ~I ff t t fir. ~ Jr ~ r' ,A-22 ANNEXATION SCHEDULE "June 24, 1985 Submit City Council Agenda item ✓ June 25. 1985- Submit City Council agenda back-up fYft July 2, 1985 City Council sets date, time and place toe public hearing e 'July 3, 1985 Notice to Denton Record Chroniole July 5. 1985 Publish notice and maiiout" July 8, 1985 Submit City Council agenda item ,--July 90 1985 Submit City Council agenda back-up * July 160 1985 City Council holds public hearing &...--July 17, 1985 Notice to Denton Record Chronicle July 19, 1985 Publish notice and mailout July 290 1985 Submit City Council agenda item July 31`0 1985 Submit City Council agenda back-up August 60 1985 City Council holds second public hearing August 12, 1985 Submit City Council agenda item August 13, 1965 Submit City Council agenda back-up * August 20, 1965 City Council institutes an.,exation proceedings August 230 1985 ordinance to Denton'Record Chronicle August 25, 1985 Publish ordinance September 16, 1985 Submit City Council agenda item September 171 1985 Submit City Council agenda back-up * eeptember 24, 1985 Final action by City Council at special called meeting *Denotes action by the City Council 09648 a1' di} r `"~.i v (ti 'r€ f }v2 ~r"~. j,' r 4L 1 r , to P. x. S J4 Ty DATES 01/16/0 CITY COUNCIL R3PORT FORMAT TO$ Mayor and Members of the City Council s ' YROMI C. Chits Hartung, city manager SUBJRCTt' CONSIDER APPROVAL OF AN ORDINANCE AMENDING APPENDIX B-ZONING Or THE CODE OP ORDINANCES TO PROHIBIT PETITIONS FOR THE REZONING Of THE SAM PROPERTY FOR THE SAME OR A LESS RESTRICTIVE ZONINO DISTRICT WITHIN A TWRLVZ-MONTH PERIOD ASTER DENIAL THEREort AND DBCLARINO AN EFFECTIVE DATE. RZC Mi8N0ATIONt The Planning and Zoning Cotaaission recommends approval. SUKKARYt For a considerable period of time, the PlanbtnA and Zoning Commission has followed a policy of not allowing consideration of petitions for the rag or is$$ restriptiva %oath& for a tr of within a twelve (12) month period in cases of denial. The Legal Department advised the Cosraission of concerns with said policy duo to a lack of a supporting ordinance approved by the City Council. This proposed ordinance would resolve legal concerns. ROO RAMS, DEPARTm8NT8 02 GROUPS MYRCTRDs Planning and Zoning commission* City council, patittoners for change in zontng, neighborhoods and individuals interested in change in Ironing process. FISCAL IMPACT: Not applicable. Respectfully submitt dt 12 & e 0. r s g City manasor Prep red bys ^ VOLAJ Div tE rot senior Planner Appeo ds Jett Meyya Director of placates and Coamunity Development 1121E 'tt e k r 1105L i I NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING APPENDIX S-ZONING Or THE CODE Or ORDINANCES TO PRONISIT PETITIONS FOR THE REZONINO OF THE SAME PROPERTY FOP, THE SAM OR A LESS RESTRICTIVE ZONING DISTRICT WITHIN A TWILVE MONTH PERIOD AM& DENIAL THEREOrl AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTONs TF-W t 1091Y ORDAINS: SECTION L That Article 268 of Appendix l-Zoning of the We of Ordinances of the City of Denton, Texas is amended by adding a new paragraph (6) to reed as follows (6) No petition for a change in a sonlog district shall be heard for a particular parcel of property, if within a;elve (12) months prior to the data of such petition, At petition for a choose of doming for the sees, or a lies restrictive sowing district [or the same proppetty wr s denied by the City Council or the prior petition was withdrawn after the givial of public notice there- fore- provided, however, tha the City CouceLl, upon findit that there has been a substantial change in ! conditions in the area in the twelve, Booth period that I would warrant a reconsider&tioa 'of the pprohibited n Boning request, say allow such petition to be heard. For purposes of this provision) the agricultural zoning district listed first in the hsadioaa of the Schedule of Uses of Article 1 of Appendix l-Zoning shell be considered the most restrictive soning district and each sonic district thereafter listed in succession in such Schedule shall be considered to be less restrictive than the prior listed sonin district. The provisions of thlo paragraph (6) shall not ap ly to applications for planned development coning districts. SECTION 114 That this ord;nsoce shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1985. y, CITY OF DENTON$ TEXAS ATTESTi LOTTE ALLEN CITY SECKZTIKT CITY OF DENTON,'TEXAS . I APPROVED AS TO LEGAL FORMt DESRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY Of DENMNo TiiW =b f p 8 Z Minates. June . 26 198'0' Page 16 G. ORDINANCE AMENDING APPENDIX B-ZONING OF, THE CODE OF ORDINANUbb to prohlout pe ons foro reton ng of the same ppropertyy for the same or a less restrictive toning district within a twelve (12) month period after denial (UNAPPROVED' thereof; and declaring an effective date. STAFF REPORT: Mr. Ellison ad7ised that this issue was reviewed when Commission last looked at its ppolicies6 He said legal departments says an ordinance i,s needed even though this has been a practice of Commission for several years. Staff recommends approval. IN FAVOR:. None present. OPPOSED: None present. Public hearing closed. DECISION: It was moved by Mr, Escue, seconded by s, C516, and unanimously carried (7-0) to recommend approval of an ordinance amending Appendix B-Zoning of the Code of Ordinances to prohibit petitions for the rezoning of the same property for the same or a less restrictive toning district within a twelve (12) month period titer denial thereof; and declaring an effective date. .SS r DATE: 7-16-$5 CITY COUNCIL REPORT FORMAT cam' • TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: Removal of cumulative zoning provisions in the Denton Zoning Ordinance. RECOMMENDATION: Adopt amendment to the Denton Zoning Ordinance. (Recommended by the Planning & Zoning Commiasion 6-•1) SUMMARY: This proposal would eliminate residential use in non- residential zoning areas effective January 1, 1989, and effective immediately for all zoning changes. BACKGROUND: The City Council requested the Planning & Development Department to propose an bnd to cumulative zoning for P & Z and Council consideration. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Planning, Public Works, and Utilities director affected. FISCAL IMPACT; Unknown Respectfu ly s b tted: tie • ar ung City Manager Prep a Jeff Mayer Ap Nov V& 4000*,- Je f- tlitadtor of lanning and Cotimunit i. Development x+• y, ^qL'+' ^ 3B . rs~ - aim f, " aa, ''ice si'~sp•; . a; ~t x "'A'` sir" ",e^". ' -7,1 g'_>T.f•": rte---~, J p 7 7 16691 NO. AN OUINANCE AMENDING APPENDIX B-ZONING OF, THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO PROHIBIT RESIDENTIAL BUILDINGS AND USES IN ALL NONRESIDENTIAL ZONING DISTRICTS, EXCEPT THE CENTRAL BUSINESS DISTRICT; AMENDING THE AREA REGULATIONS APPLICABLE TO ZONING DISTRICTS; PROVIDING FOR A MAXIMUM PENALTY Or $1 00000 FOR VIOLATIONS THEREOF; PROVIDING F'?R A SEVERAII!,ITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ` THE COUNCIL OF THE CITY OF DENTON P.EREBY ORDAINS: SECTION I. That "B. Primary Residential Uses" of the Schedule of Uses of Article I of A,pandix B-Zoning of the Code of Ordinances is hereby amended to reedd as follows; 1w hum Modhow v 0"-t e..a.i ..«F..aF goo he N L *Ahb&PWMW So ~0 r FFF Fs e c.. o" OR "NEW M D*~, z" of *W tq1 s tr.n. w rws a... ►.rt F s F F PA4E 1 SECTION Ii, That the achedule of minimum lot areas for residential districts of Are<<le 13. (A) (1) (a) of Appendix 8-Zoning of the Code of Ordinances is ~anded to read as follows: (a) SCHEDULE MINIMUM LOT AREAS IN SQUARE FEET YYM GN siylrh6lyD~dYy0~Y~1 uss NN ?riM s+ fIN sia NN 1W mass NN e..rts ON NN ~My4fi~14e+10wTr1MwsMtM NN NN ula NM yaaaa••4 a•.sua o.. ryu swi. SECTION III. That the schedule of minimum lot areas for nonresidantial districts of Article 13. (A) (1) (b) of Appendix 9-Zoning of the Code of Ordinances is repealed. SECTION IV. That the schedule of minimum lot widths for residential districts of. Article 13. B. (1) (a) of Appendix b-Zoning of the Code of Ordinances is amended to read as follows: (a) SCILDULE MINIMUM LOT WIDTHS da 6s Qr11 lla IN N N N N N N N 10 e~ N Ulm N N N /1 N N N N N N Fla pyaq r%*Opp"* "A" N N N N PACE 2 " r ' ; a a~.M1l r a"F n 7 . a SECTION V~ That the schedule of minimum lot Widths for nonresidential districts of Article 13. B. (1) (b) of Appendix B-Zoning of the Code of Ordinances is repealed. SECTION Vt. That the schedule of minimum lot depths for residential i= districts o! Article 13. C. (1) (a) of Appendix B-Zoning of the Code of Ordinances is amended to read as roll. ws: a SCHEDULE MINIMUM LOT DEPTHS A 16 Sr 10- j1- 2r NF- NF- MP- ca . Y Y Y Y Y ~ V Y u u v u u TYPE USE w w w +"i +i ~ l 6,' 6 M 0.:1 yu. V M1 i .N M N a..~ w N r+.+ M u -f u Y u 14 MINIMUM DEPTH OF LOT IN FEET FOR :s0 120 120 120 100 100 100 100 100 L00 RESIDENTIAL USES SECTION VII. That the schedule of aLnimum lot depths for nonresidential districts of Article 13. C. (1) (b) of Appendix B-Zoning of the Code of Ordinances is repealyd. SECTION VIII. That the scheduler of maximum building coverage for residential districts and maxiaw floor area ratlor for nonresidential districts of Article 13. D. (1) (a) and (b) of Appendix B-Zoning of the Code of Ordinances tto amended to read as follows: a SCHEDULE MAXIMUM BUILDINI COVERAGE A sr- S!- SF- SF- 1F -1 MF-1 '7-2 CS 16 13 10 1 Y Y Y Y Y Y Y Y u u u u U V U V r M ~ H r TYPE USE w r. o a. o f. P D a. O ash w A MAXIMUM PERCENT Of LOT AREA VIHICH MAY 10 13 31 35 )S 40 40 40 40 »0 BE COVERED BY BUILDING IN RESIDENTIAL USE ?AA 3 1, L i k f r ^ e sr ~,h y A v Y S r d f E ,r . s ei,t ♦ d~":~ ~,ly s .;J b SCHEDULE MAXIM F.A.R.-NONRESIDENTIAL DISTRICT P 0 Ny OR C CE tt HI u u u = ~ TYPE USE I «.{f s r MV M M M 4 L w 1. 1. Y V V u a• o zo cZ~o ~a MAXIMUM FLOOR ARLA- LOT AREA RATIO Zti 15:1 2:l L1 SECTION IX. That Article 13. F. (1) (b) of Apperdix B-Zoning of the Code of Ordinances is amended to reed as follows: (b) In the Central Business Zoning District (CB) the side yard for residential uses shall be tits save as is required in tho MF-1 district. No side yard is specified for non-residential uses except as indicated in Article 13 F (2). SECTION X. Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the requirements thereof, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding One Thousand Dollars (:1,000.00). Each such person shall be deeded guilty of a serrate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or co+stinued, and upon conviction of any such violations such person shall be punished within the limits above. SECTION XI. That if any section, subsection, paragraph, aeoteace, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not effect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it wo--Ad have enacted such remaining portions despite any such invalidity. SECTION XII. That this ordinance shall become effective fourteen (14) dogs from the date of itb passage, and the laity Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within tea (10) days of the date of its passage; provided, however, that any plat, plan, replat or lot of record nay be appcoved in accordsr.ce with Appendix A of the Code of Ordinance for the use of pr:opparty within IN dare of the effective date of this ordinance if such use would have been 'a PACE 4: ,.y 'r., WT7 permitted use of the property immediately prior to the effective date of this ordinance, and buildings or structures may be constructed and used u on any ppro arty after the effective date of this ordinance in accordancewithpanyvalid building permit issued therefor prior to, or within 180 days of the effective date of this ordinance, if such buildings or structures would have been a permitted use of the property immediately prior to the effective date of this ordinance. PASSED AND APPROVED this the day of , 1485. RICHARD 0. STEWARTj MAYOR CITY OF DENTON, TEXAS ATTEST: CHARWTWE , tAiP-5WY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY., PACE S ~~sssse.~i~r C .g q a+'. Al.-r r"A.1 11"4!^4x~~ "k ""iF7"w j,(° {~'r" ~a .,S.s,b xr~'vrih ^yM1~. k y.m°',M1 Fyzt ~"y~-vyn a ,.C-: J .r ~ ID Clf'Yo/DENTO' TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE(817)566.8200 MEMORANDUM I DATE; June 27, 1985 'CO: Mayor and Members of the City Council FROM: a. Chris Hartung, City Manager SUBJECT; CUMULATIVE ZONING PUBLIC HEAPKIWa SCHEDULE FOR JULY 16 MEETING This memo is to give you some background concerning this agenda item. The cnzrent zoning ordinance aldopted in 1969 is a total cumulative type ordinance. Cumulative zoning allows more restrictive uses and less restrictive zoning districts. For example, out current ordinance allows residential to be built in industrial zoned land. This type of zoning ordinance makes it difficult to plan for public facilities to serve areas with similar higher zoning. Our best example is the sewer problem last year, and the Teasley Lane and I-35E area that resulted when a number of apartments were built on commercially zoned land. In a small city or slow growing city such problems are rare. However, since Denton is neither small nor slow growing, the Council asked us to study ways to change our current cumulative zoning. our study conclusion suggests three basic ways to modify the current ordinance: Alternative 1: Implement a non-cumulative zoning ordinance. This type of ordinance requires building only the land use as zoned. Alternative 3: A three-tiered cumulative zoning. Tier 1 - Residential (all types) Tier 2 - Retail office Tier 3 Heavy commercial and industrial Mayor and Meabers of the Council June 27, 1985 Page 2 This alternative provides cumulative zoning rights in groups or tiers. The tiers represent land uses with the most similar !,upact particularly on utilities and treneportation. This system is currently being considered by the City of Plano. Alternative 3: Two-tiered cumulative zoning. Tier 1 - Residential (all types) Tier 2 - Retail commercial industrial This alternative provides cumulative zoning rights in two tiers. This approach results in only a slight change from our current ordinance. The change, however, addresses the major concern associated with utility planning for apartment areas. This type of zoning is widely used in the metroplex. The Planning and Zoning Commission considered this study and recommended Alternative 3. The major discussion was on the effective date. The draft ordinance suggests six months. Various speakers at the public hearing asked for five years. Final Planning and Zoning Commission majority (6-1) recommended the efE ctive date six months. d. ris Hartung city Manager 91 1267g J ay~aT< m~ 9*&s }F ae. q^ 3.~1 r+~ ' 1v"-+F' 3+ m r P ,6 L l'linuteSr ' rimy ;t,' 1985 Page 10 REBUTTAAL: rtre. Davis aic his engineer 'is vorkingg with pan par an be developed in an efficient manner. Public hearing closed. DECISION: ;dr. Sidor moved to recommend a provai of L-1145. ."co ao by Ms. Cole and unanimously carried (6.0). G. ORDINANCE REVISING APPENDIX B - ZONING OF THE CODE OF ORDINANCES U CITY OF ENT . T e or n~T ante will prohibit a types o res ent al developments in the office (O), Neigghborhood Service (NS), General Retail (GR), Coamerciai (C), and Light Industrial (LI) districts, and provide for an effective date, STAFF REPORT; Mr. Persaud explained that existing toning ordinance Is cumulative, that cumulative toning means that a toning classification can accouodate additional uses other than that toning, as light industrial toning can accommodate commercial, retail, residential, etc. He said this arrangement has worked for 15 years but within the last few years there have been some problems, public utilt- ties as an example. He said that City Council has directed staff to examine modifications and make a recommendation. Options are to completely eliminate cumulative; to have a three-tier system which is: all residential uses, still cumulative then a second tier of retail and neighborhood service, glen a third tier of commercial and industrial; or a two tier sysl~em of residential and non-residential. He said staff is tecommending a two tier system of resi- dential and non-residential Categories would continue to be cumulative; In light industrial, for example, commercial would be allowed but residential would not. Chairman asked about effective date and Mr. Fersaud said that staff is recommending an immediate effective date. IN FAVOR: None present. OPPOSED: Paul Wnitm-.n, of Whitman Williams Company, 3114 nts company recently obtained a 300 acre tract under various tonin¢ categories. He said he Is in favor of pro- . posal but feels there should be a grandfather clause of five years to allow currently toned properties to complete engineering and utility studies prior to development. He said they have not yet done extensive engineering on their property, they feel they will have some major rights taken away from them without a grandfather clause. Mr. Sidor asked if this was the 1-35E Mayhill Road prop- erty and advised that since that was approved as a planned development, developer does not have that option. Mr. Ellison advised that unless a planned development ordinance designates a specific use it would have a cumulative effect. Hr. Sider said he thought a planned development was not cumulative, Mr, %hitman sold his concern is that they, have spent an extensive amount of money. He said he realitos, with `a five year trsndfather clause if they don't use their property within five years glen ,hey would have to come back. Hr. sidor'conmented trait utfiities4io affected when property approved to accommodate industrial is actually developed is multiefamily at 20.2S units per acre. yF ~.°n r ,'tji c~ ~ r r sq, g w.k ~ ~ Y~~;, t fir.. l 4 P A L #Ihnutes . +l ay a2o' I96S page ll Mr. Whitman said their tract is being engineered to take the worst kind of uses. Chairman commented that it is question of utilities not being able to handle the uses. Mr. Sidor asked if cumulative zoning is allowed within a PD. At. Morris said that all uses are allowed in a PD. He said that in planned developments where light industrial is designated, in the e.bsence of a provision in that ordinance, anything allowed under LI is allowed in the PD. Mr. Whitman said they understand the city has the option to look at their site plan but they also understand that they do have cumulative zoning within that planned deVel- opment. Mr. Sidor said he feels effective date of ordinance should be upon approval by City Council, that it a developer has concerns he can cone In with a request for a zoning 'change. Mr. Morris advised that draft ordinance specifies a grace period of six months for properties already in the build- ing permit process. Rudy Garcia, representing Weir 4 Associates, stated they are doing the engineering for Mr. Whitman, that property is being engineered to handle the maximum usage assuming there are cumulative uses on the property. He said it is being engineered for possible multi-family development, that grardfather clause would be necessary to upgrade utility lines. He said Mr. Whitman is concerned that six months would not be adequate time for this. Generally a development of this size takes five to teh years to com- plete. On question, he said that engineering could not be completed for 10 to 60 days and some tracts within the development would take longer. Mr. Sidor asked if this ordinance will address itself to planned developments. Mr. Fanning replied that it will not. He said this public hearing has nothing to do with planned development ordi- nances, that planned developments should be considered separately. Mr. Morris said that anything allowed in traditional light industrial districts is allowed in L1 planned developments under the existing ordinance, under this ordinance it would not be allowed. Mr. Fanning said he was not aware this ordinance would affect anybody's PD, that was not the Intent, that purpose of this ordinance is to address traditional zoning. He sug ested that sovething be pput in this ordinance stating it loss not change existing PD s. Mr. Morris said if a PD does not say a specific use, then it would be affected, that he didn't know any way `to get around it. IlrI Fanning `su gdsted a statement that uses approved in a PD not be of stied. Public hearing closed, a .I[ r y.e ~ r L ` E r~ ~ 5 p•~, L M~ u'teS z Hay 220' 1ols Page l' ' DECISION: Chairman Claiborne moved to table ordinance or ays and get a legal interpretation on its effect on existing planned developments. Seconded by Ms. Cole. Mr. Morris said he didn't think a legal opinion was necessary, that unless uses are listed, anything allowed in that toning category would be allowed in the PD. Mr. Pea-`on commented that if it is the intention of Commissitin not to have cumulative toning within a planned development, such a statement should be inserted in PD component of ordinance. He addressed the effective date b stating tnat ne feels & ,grandfather clause is necessary, that this ordinance is taking development rights away from a pioperty owner, that it invites a lawsuit. He said that toning plays gases, a developer gets as much as he can, then decides vast to put on property. Mr. Sidor said he .lad always thought when a PD was approved, it was `approved specifically for that purpose. He said a developer should say what he means. He asked if anyone could cite an instance where anything other than that requested was developed. Mr. Claiborne withdrew his motion to table, Ms. Cole withdrew her second. Chairman Claiborne moved to recommend appproval of staff's recommendation of a two tier system with a 12 months grandfather clause. Motion died for lack of second. Mr. Pearson moved to recommend approval of staff's recommendation with a five year grandfather clause. Mr. Juren seconded the motion stating that it takes a long time to absorb 300 acres. Chairman commented that five years is too long, that city is having problems now when development exceeds capacity. Mr. Pearson stated that when a developer comes in with a big development he should absorb that cost, that is where the real problem is. Vote was tailed on motion: Aye - Cole, Juren, Pearson Nay - Claiborne, Escue, Sidor Motion failed (3-3). Mr. Nelles of Nelles/Davis Interests, said he encourages Commission to table ordinance for further study, that City of Grapevine has had numerous lawsuits on a similar ordinance. Chairman Claiborne moved to recommend approval of staff's recommendation without any recommendation on effective date. Seconded by Mr. Sidor. Vote was called on motion: Aye - Claiborne, Escue, Sidor Nay - Cole, Juren, Pearson .Iotton failed (3.3). Mr. Pearson moved to table ordinance until next meeting or until such time as all seven members are present. Seconded by Ms. Cole: Mr. Sidor moved to hens motion to also address planned development issue at that time, Seconded by M$. Cole. ~ V`rt y b' r r P4 Z Miautw 14ay 120 1985 Page 13 Vote was called on amendment. Aye • Claiborne, Coles Juren, Sidor Nay - Escue, Pearson Motion carried (4-2). Vote WAS called on Notion including amendment: Aye - Claiborne, Cole, Juren, W or Nay - Escue, Pearson Motion carried (4-2). 111. CONSIDERATIONS A. PRELIMINARY PLAT OF THE SURREY RIDGE SUBDIVISION. STAFF REPORT: Ns. Carson explained this is an approxi- mately 57 acre tract located north of kings Row, northeast of Yorkshire Drive, and east of Sherman Drive, property is part of PO-90 and develo ent of a community service area and residential housing s anticipated.' Development Review committee recommends approval. PETITIONER: Mr. Davis stated that they have worked- cTosee y w th staff on design of plat, they have changed streets numerous times to accommodate heeds. He Bald it will be an attractive neighborhood, DECISION. plat.ofithe SurreytRidjeoSubdivislon.~alSeconded by Mr. Juren and unanimously carried (6.0). B. PRELD4 1NARY PLAT OF TP.E CAROLISA SUBDIVISION. STAFF REPORT: Ms. Spivey explained this is a 0.540 acre tact locate d at the northeast corner of Riney Road and Windsor Drive. Petitioner is platting two lots which do not meet mlaimu■ lot depth requirements due to the fact that city acquired a portion of property for Windsor Drive right-of-way, at which time the city agreed to recomoend approval of the substandard lots. She said that lots exceed 7,000 square feet but ate only 86 feet deep. She said ti:at access for lot 1 would to from Riney Road, that access for lot 2 should he frum an easement. She con- tinued that owner has requested a curb cut on Windsor for lot 2, that Development Review Committee recommends denial and appeal has been made to Traffic Safety Commission. This will be considered by Planning and toning Commission at a later date. Development Review Committee recommends approval of preilminary plat with substandard lots and further recommends that access iss;~a be resolved prior to acceptance of final plat for proce;sins. PETITIONER: Carol Thorp said they are trying to develop tnee'1and* that curb cuts were allowed on the other side of hindsor and she feels they should have the same as it is almost impossible to build without that variance, She is asking for approval of one more curb cut. On question, Mr. Clark advised.that there were not sup- posed to be any curb cuts on Windsor, that those across the $traat were a mistake, that access should be from an easement. Chairman advised petitioner that COmaisslou could only consider preliminary, plat at this time$ that curb cut issue would have to be considered at ahother'time, E S 0 s Mr, Cluiborne moved to recommend approval o pre minary plat of the' Ciroliss Subdirislon with substandard lots with'the condition that access issue be resolved before final plat is accepted for recessing. Seconded by ,5.. Cole and unanimously eari ied ( (6-o.0)0 W e 1 T y.._ n > t' 'S u 'z i 5 a y v u t a a i, a vk t T I 9. ! ~ f~ ! ° t' t:'a~ ~ "i , 9 ..6 t,', ..18 _ .•t s~A l.• lfinutes June 12 1085 Pa`6 10 F. ORD11 NCH RIiYiSING APPENDIX B IONIMO' OF THE CODE OF HE 011 wglyn, `Tne or Hancece will pro a types o res en 81 developments in the office (0), Neighborhood Service (NS), General Retail JUNAPPROVED) (GR), Commercial (C) and Light Industrial (LI) districts; and provide for an effective data. It was moved by Mr. S:dor, seconded by Ms. Cole, and unanimously carried (7.0) to remove item from table. Chairman announced steps he would like to follow for consideration of this agenda items 1) Recommend approval or denial or sake no recommendation as ordinance applies to straight toning districts. 2) If recommendation is for approval, then consider an effective date. 3) Discuss how ordinance applies to planned developments. STAFF BHPORT: Mr. Fanning advised that City Council has recto staff to look at ways to modify toning ordinance to eliminate cumulative effect. He sold there are three basic alterdstives: 1) The most restrictive which would make each district cumulative so each would be a single purpose toning district. 2) Three tiers of cumulative toning residential, office/retail, commercial/light industrial. Each level would be cumulative but could not go from one level to another. 3) Two tier cumulative toning; residential cumulative in one level and office/retail/commercial/industrial cumulative in other level. He said staff recommends the third alternative which is two tiers. Mr. Juren asked if this eliminates living in the downtown section and Mr. Fanning replied that the Central Business District would not be affected. Hr. Meyer said what staff is trying to do is to create a situation where if a developer comes in and sells Commis- sion and City Council a concept of what they want to do, then something pretty close to that. will develop. He said under the present ordinance this is not always possible. He said that staff is trying to encourage growth, that what is happening is that some developers get a higher toning and they can sit on it forever, that the situation planned for Is not what develops, He urged that Commission pass this ordinance and let the proposes planned develop- cant ordinance, which staff will present to Commission within the next few meetings, solve future problems. He paid these should be separato issues, that the cumulative issue should be solved first and planned development issue should be solved with a PD ordinance. He referred to the effective date stating that staff would tike immediately but to be practical it should be six months. He said he is strongly recommending against any grandfather clause. Mc. Pearson commented that he feels there should be a grandfather clause of five years to be (sir, to allow existing toned properties to build. o', !ie er responded that city should also be falr fpp neigh- rhoo.j!-who had ne4jotiated what they felt was a Exir deal. He added that Atli Is nopt ~rec4Eren6i on thin thi~t` dl- col, that technics l;/ a 1~gAt industrarea c n to e way down to office/retail. 'n-'j 7~ AT Sn r, r' w I~ , +r P 1 Z Minut °s l June 12 , 1 is Page 11, Mr, LaPorte asked why a person would cone in and ask for light Industrial when he wanted something else. Mr. Pearson replied for flexibility. its said he would like to see a grandfather clause to treat thoso people who are interested in developing their properties with fairness and equity. Mr, Sidor consented that he is In favor of pproposed ordinance, that he,doesn't feel morally obligated to provide a grandfather clause. He said if somebody case before Commission asking for light Industrial and knew all the time he wanted multi-family, then he should have said cultiifamily. He said he took the petition at face value, that f petltloher wants something also he can come back and request a change for that use. Hr. Pearson referred to the 300 tare parcel previously discussed and said when it came before Commission for light industrial he didn't think it would all be developed as llgrt Industrial. Mr. Meyer said that argument is rational but not from a planning standpoint, that if staff doesn't know what is going to be built then proper facilities cannot be planned. DECISION: Mr. Pearson moved to recommend adoption of orl nannce with a modification providing for a five year grandfather clause to allow those properties currently toned to operate under terms of existing ordinance. 4jt`J Mr. Juren said he is in favor of two tier system and grandfather clause and seconded the motion. Vote was called: Aye - Juren, Pearson Nay Claiborne Cole, Escue, LaPorte, lidor Motion failed (2-S). 1lr Sidor s:over to recommend approval of ordinance with ad ectlve date upon approval by City Council. Seconded by Mr. Escue. 4r. LaPorte suggested letting ~tty Council determine the effective date. Mr, Morris advised that ordinance is written to allow for a peri.:d of six months to take Into account people who have already started in building permit process. Mr. Sidor said he would accept the six months effective date and amended his motion to approve the ordinance as written. Mr. Escue accepted the amendment. Vote was called and motion carried 6-1. (Mr. Pe+orson voted no.) CITIZEN COMMENTS: Mike Reynulds, Henry S, Miller Coapany, Sold that ooami-s fan It sendin a verY strong stetrment to real estate %Aat res are gains it anged oa developing. Her said he is a salesman of Denton and brings a lot of money to Denton, that i proval of this ordinance savs that Denton doesn't want that growth. Ito suggested a fire year grandfather ela•rse. Mr. Sidor asked why a developer doesn't say what he wants. Mr. Reynolds said that the toning mifht have aitetdy. been in place, He said he concuts w th the two tier s , to C ti needed bait it is wrong to gust shut R681 e ty has to de fair to peotie who have invested in the community. Sd~", ~tl ~'ry i x' a rf ` r w r y rr a df" ,may .%y tiY _nr l _r?. ~mar oT ,re ~ r "t' r 'a r, +s „ +rti ~ fro 2,- ~k ~ i r ' P 4 x klnut'es dune 12,' 19g5 . Page 1' Mr.Claiborie said that developers are being asked to eomrtit themselves, that city is encouraging developers to come in and begin development Instead of Jetting their property stay vacant. Mr, Reynolds said this will send people to other places, that it will shut off growth In Denton. Ben Wallace, Clark Brothers, stated they have 410 acres which was closed on after zoning was in place. He said they are developers, not speculators they bought the property because the toning was In places that it gave them flexibility to do several things. They are Join e mixed use development, they may not do all light inlus• trial development. He said city needs to ggive some consideration to people who have bought under present •ules and regulations. He said there are a lot of ordinances that developers have to look at and it takes, time. . Kr,.5idor, stated that as a membsr of this Commission, it is his expDress cost recommend to City Council what he feels is in best Interest of city. He said that if light industrial toning is approved, then public utilities board and utility department look at that ligght industrial toning and start running utilities. If the developer decides he can take more ■oney with apartment s then everything is tArown out of essence. He said he expects developer to tell him what he wants when he submits a petition. Mr. LaPorte commented that City Council argues for planned growth, that chamber of Commerce wants planned growth, that the ilenton 80s group of which ite was a memter favored planned ggrowth. He said maybe this ordinance will give Denton wAat it needs. 4^.:1?ti'' r 77 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 thy purchase of necessary materials, equipment 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, a uipment, supplies or services as shown in the "Did Proposals" submitted therofor; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; and WHEREAS Section 2.36 (f) of the Code of Ordinances requires that the Ltity 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 CIT`: OF DMTON HEREBY ORDAINS:' SECTION I. That she numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Propoaalr'" attached hereto ,;are hereby accepted and approved as being the'lowast responsible bids for such items: BIL NUMBER ITEM NO, VENDOR AMOUNT 9416 All Temple, Inc. $ 20.951.60 9479 All Lem Distributors ~ $ 11.885 9480 All Ssf-T-Nark Safety Co. : 7.927.50 9484 All Motorola Communications 29.705.44 .r S PAGE I t SECTION 11. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bide for such items and agrees to purchase the materials, equippment, supplies or scrvicos in accordance with the terms,' specifications, standards qquantities and for the specified sumo contained in the Bid Invitations, Bid Proposals, and related documents. SECTION III. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a forthal'written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specLfications, standards, quantities and specified stas contained in the Bid Proposal and related bid documents heroin approved and accepted. SECTION IV. That by the acceptance fnd approval of the above numbered items of the su'Nitted bids the City Council hereby authorizes the expenditure of t_nds therefor in the amount and in accordance with the approved bins or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become, effective immediately upon its passage and approval. PASSED AND APPROVED this 16 day of Juts , 1985. RICM U. r MAYOR CITY OF DENTON, TEXAS ATTEST: CITY OF DENTON, TEXAS APPROVED AS TO LEGAL, FORM: DEBRA ADAHI DRAYOVI'TCN,•CITY ATTORNEY CITY OF DENrONj TEXAS B:. PAGE 2 r ~1 ~rerrearri" r u.7j• j " ~k Y N pti r%P ':W, 9 .7,,.'. 1: 1 f1 A':. '.C 1 y, 4J ~ 1 l 1DATE, July' 161 1985 CITY'COUNCIL REPORT TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: BID #9476 CONNECTION ENCLOSURES RECOMMENDATION: We recommend this bid be awarded to the low bidder, Temple, Inc., for item one at $650,00 each and item two at $798.Ib each. The overall total bid of $20,981.60. SUIVARY: This bid is for the purchase of special connection enclosures for some specific uses, We have not carried these in warehouse stock Cid at present probably will not. These are for a special purchase for a specific use. i BACKGROUND: Tabulation Sheet i PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Electric Utilities FISCAL IMPACT: There is no additional impact on the General Fund. J Respectfully submitted: G. Chris Rartung City Manager Prepared by: A Ti a ohn J. Marshall, C.P.M. tl Purchasing Agent Approved: Ai Our n J. Marshall, C.P.M. j Pchasing Agent g1u ! 947b BID TITI,p r CONNECTION ENCLOSURES` TEMPLE TEMPLE TEMPLE CUMMINS CUMMINS U11NIljS OPFNED ---`June 25, 1985 .__2 _p.m. ACCOUNT 4 610-008-0252-9221 QTY I1K l DGSCRIPTEON ___VF;NDOR VENDOR VENEER VENDOR _ VgpZk_ VENDOR VENDO 1t 1 20 _ Single Phase 1000 Amp 674.28 _ 989.51 650.00 _ 856.00 2 _ 10 -Three Phase 2000 Amp - 798.16 _ 1125.65 840.00 1482.00_ 1490.00 766.00 Mfg. Durham Durham Cont. Col Halton Tanco~ offman -.Delivery----- 42-56 42-56 42.56 28.!~ _ -21 i y ^drrl ^ r v _ x 1 `.y~i > ^,"i4~ 4 +1 's w 7nIFT2' ° i `t . 1 a7GATE: July 161 1985 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: BID #9479 RESURFACE GYM FLOOR AT NORTH L;KES RECOMENDATIft We recommend this bid be awarded to the low bidder, leago Distributors of Wichita, Kansas, for the total $11,885.00. SUMMARY: This bid is for the resurfacing of the gym floor at North Lakes Recreation Center. The present surface has completely worn off. The resurfacing must be done to maintain the floor and to make ready for future use this next season. BACKGROUND: Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: The programs at North Lakes would be restricted or curtailed without repairs soon. FISCAL IMPACT: There is no additional impact on the General fund. i Respectfully submitted: r s artung City Manager Prepared by: A J, rsha , C.P.M. o 0r~0 Purchasing g Agent Approved: n rs a .l , it1_Purchasing Agent BID 94y9 SID RESURFACE NORTH LAKE GYM FLOOR LEAGO PITZER OPEN June 27, 1985 2 p.m. DIST. PRODUCTS INC. ACCOUNT 1 430-004-02OM-9126 -Y QTY - ITE DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR 1 1 Lot 11,885.0 t3,000.00 D Dam- Fob s t, < ~ t h Sn • ti1A4 'd ~ w Yv , i ~ i r i s R DATE: July lb, 1485 C fty COUNCIL >tEPdMT TO: Mayor and Nerrhors of the City Council FROM, G. Chris Hartung, City Manager SUBJE J : BID N948D CROWN LANE MARKERS RECO WNDATION: We recommend this bid be awarded to the low bidder, Saf-T-Mari. Safety Co. , for the arr;bunt' of $7,927.50. i SI14MARY: This Is for the Traffic Dept.'ahe.. Is to properly mark new 4 streets and intersections for the traffic to flow safely. BACKGROUND: Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: STreet Repair and Construction FISCAL IMPACT: Budget Account #100-0012-0012-8303 Respactfully submitted: T. Chris artung City Manager Prepared by, qhn. J, Marshall, C.P.M. tlet Purchasing Agent Approved: . Jo n J. Marshall, C.P.M. itl Purchasing Agent RID t 94$~ BIs . ~ RONN ONE MARKERS ROADRUNNE SAF-T-t1AR FERRO OPEN_ June 21, 1985 2 p.m. ACCOUNT t 100-002-0012-8303 ITEM DESCRIPTION 'VENDOR VENDOR VENDOR VENDOR VENDOR VPNDOR VENDOR " II Hh1te Lane Marker .6875 .575 .72 150 G FC-11 Adhesive 19.50 34.95 i ~itierx 14- 2-3 Day 4s nays .k Tllfll'R1717 F~ . DATE. July; 16r 1985 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: BID 09484 MOBIL RADIOS RECONMENOATION: We recommend this bid be awarded to the single bidder meeting specification of Motorola Communications. Prices are firm for 6 months. The initial purchases for 1984-85 year are listed below. Additional items may be purchased in the 1985-86 fiscal year. SUMMARY: This K.' is for the purchase of both mobil radios for motor vehicles and hand held portable radios. These units will be for Electric Metering and Substations, Police Department, Building Inspection and warehouse stock. BACKGROUND: Tabulatior Sheet (Bid gent to 3 qualified bidders) PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Electric Meter R:ading & Sub Station, Police Department, Building Inspection FISCAL IMPA;T: 1984-85 Budget Funds 610-008-0253-9221' Meter a Substations $16,669.80 100-002-0010-8344 Building Inspections 49260.90 100-007-0043-8110 Police Department 4,347.00 710-004-0598-8703 Warehouse Stock 4t428.20 ;2;9'0 Res,iectfully submitted: U. Chris artung City Manager Prepared by: aN me r om Shaw ~.M. Title: Assistant Purchasing Agent Approved% me, PnV. rs a CIP.M. itt., Purchasing AGent DID T171.E_ BIL RADIOS MOTOROLA OPENEDJuly 9l 1985 2 .p.m. ACCOUNT 1 lip..1 DESCR1PTIQN XLND01t _ HP.NDOR VENDOR- ~LENUOR VENDOR VEN R VENDOR 1 4 Hi -gt Bond 1.i x.9,00 2 4 Low Band 11420.30 2 10 Low Band DPL 11558.110 3 2 Portable 1,319.62 Delfyery _ _ 9 '6.39 c f 'i i~° h rn F r A r i. v0. p f 1 A+~ ! 1 r K 1x . r t ~p „y `5 r;v rr a t i Y St ;{fir r 777 'r Lie% NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR INPROVEMENTSt PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORt ANO PROVIDINO FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated :ompatitive bids for the construction of public works or improve- ments in accordance with the procedures if state law add City ordinance; and VHEREAS, the City Manager or a designated employee has receivsd 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 L1ity Council approve all expenditures of more than $3,000; and WHEREAS, Section 2.09 of the City Charter requires that ovary act of the Council providing for the expenditure of funds or for the contracting of indebtedness shall be by ordinance; NOW, 1114EREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invite tione", "Bid Proposals" or plans and specifications attached hereto are hereby accepted and approved as being the lowest rasponsible bids: BID NUN: R CONTRACTOR AMOUNT 9471 Albeeastus Contracting X139.?12.00 s SECTION LI, That the `caeptance and approval of the above competititva bide shall not constitute a contract between the City and the parson submitting the bid fot consteuctiin of such public works or improvements herein acaehted and approved, until such person shall comply with all requiraeents specified .n the'Notica to Bidders including the tiodly oxr,6ution of a written :contra* t &Ad.furnishiog of posrfo~tmanca and pby6dt bonds, after notification of the awafd of the bid. PAGE 1 ~ ~ '`.'~`i~~ 1-'V'L a4r v~~i ~ 1 ~('A ~ ~ ~~hor~. ~.n `{Da~ '~"ayin '4}~ r •1..`v. `~r~'~,'~' t i; k, SECTION III. That the Cil'r Manager is hereby outhortied to excecute all necessary written contracts for the performance of the construction of tho public works or improvements in accordance 4ith tho bide accepted and approved herein provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specUying the terms, conditions, plane and specifications, standards, quantitites and specified sulu contained therein, SECTION IV. That upon acceptance and approval of the abo-%,q competitive bid's and the execution of contracts for the publLc works and improvements as authorized herein, the City Couwtcil hereby authorises the expenditure of funds in the manner and in the amount as specified in such approved bide and suthorisUd contracts executed pursuant thereto. SECTION V. That this ordinance shall become effective immsuia my upon its passage and approval. PASSED AND APPROVED this the 16 day of July , ises. RICHARD 0. STEWAKro MAYOR' CITY OF DENTON, TEXAS ATTEST: CRXKMTL ALLZsLt;'LYTY SECllEURY CITY OF DENT^ TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAHI DRAYOVITCHO CITY ATTORNEY CITY OF DENTON, TEXAS BY: PAGE 2 A r'y i 4 - pN 1 r' 2.,, ✓ w Q ► : v~, DATE July I60 19¢5 City COUNCIL REPA , 70: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: BID 19471 WOODROW LANE SEWER IMPROVEMENTS RECOMMENDATION: We recommend this bid be awarded to the low bidder meeting specifications and taking no exceptions to the bid, Larry J. Alberesius dba Albenesius Contracting, for the total bid price of $139,712.00. SU194ARY: This bid was sent to our total list of seventeen prospective contractors. We received four bids, however, the low bid from Dickerson Construction Co, took exception to our bid and included adders for rock removal, asphalt patch, curb replacement, and line depth, which is anunknown and could add more than the difference in the next low bidder of $6,716,04. f CKGROUND: Tabulation Sheet PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Utility Department - Water and Waste Water FISCAL IMPACT: There is no impact on the General Fund. Respectfully subnitte r s Hartung City Manager Prepared by: O n J. Marshall, C,P.M. tAgent Approved: o n J. Marshall, C.P.M. itle. Purchasing Agent ` i 'M BID 9411 BID TITS.E..~M-LAlUEWELMAIVEMENJS OPENED June'~1 1885 t o m CALVERT P A R DICKERSON ALBENESIUS PAVING CONST. CONST.'CO. CONST. ACCOUNT #--624 008-0471-9138-9942 4` --~7 _ S VfN_ VENDUR NENDOR VENDOR VENDOR VENDOR VENDOR 1 1 r]11ae_ p1ete _ _ _1L9,543,Q _M,," U3.996 On _ JMJ12.00 _ _Bid Bond Yes Yes Yes Yes _ irorkinp Days IQAbXA- imati to bid with _ rock' asphai t,-s- ' curb-damage[- se. r F r ~Yef ti+ rr`4 `'S' « r ~d p!, ..r {j~ ;°r =;fSt sf ~k t No. AN ORDINANCE PROVIDING FOR THE EXfdNDITURE OP FUNDS FOR EMERGENC44 PURCHASES OF MATTJtIALS, EQUIPMENT SUPPLIES OR. SERVICES IN ACCOR- DANCE WITH THE PROVISIONS OF STAVE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE$ WHEREAS, State IaW requires that certain contracts requiring an expenditure or payment by the City in an amount exceeding $S,OOa be by competitive bidet, except in the case of public calamity where it becomes necessary to act at once to appropriate money to relieve the eecessity of the citii4ne, 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 case 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 expendi~ures of more than $3,000; and WHEREAS, Section 2,09 of the City Charter -squires that every act of the council providing for the expenditure of funds or for the contracting of indebtedness shall be by ordinance; NOW9 THEREFORE, THE COUF = OF THE CITY OF DENTON HEREBY ORO".INS: SECTION I. That the City Council heresy 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,preeerve the property of the city, or to,proteet 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 saergancy purchases of materials, equipment, supplies or services, as described in tlw "Purchase Orders' attsched hereto, are hereby approveds PURCHASE ORDER NUMBER VENDOR AMOUNT 68699 Business Esssntta:s I_5.51A.00 MIS _ Boyd 1xe4vetlon 121.126.06 . 68411 _ IBM Cereeratlon _ 119.06S.10 69033 Public Technoloov S 1.000.00 .rnrrr~.+rrr.a - . r e i 'Gi i u~kt , it e j t M' ''i~ ~ Et r',' 1 .'it w ".F,r~ d . J.. w 7`7 ,i SECT104 it. 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 stake paysent therefore in the amounts therein stated, such emergency purchase?, }sing in accordance with the provisions of state law exisepting such purchases by the City from the require- ments of compatirive bids SECTI~„ON III. That this ordinance shall become effective immediately upon its passage and approval. .PASSED AND APPROVED this the _16 day of July , 1983, RIC "OF RD M UILWAKTo MAYOR CITY OF DEVTON, TEXAS ATTEST: CHARLOTTE ALLEN CITY SECKETUY CITY OF DENTON,,TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCM, CITY ATTORNPY CITY OF DENTON, TEXAS 8Y: it PACE 2 ~ i q a i 1 DA`[E. July ' lb, . 14 $5 CITY COUNCIL REPORT TO; Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: PURCHASE ORDER 068599 BUSINESS ESSENTIALS $50510.00 4x RECOW ENDATION: We recommend this emergency purchase order be approved for additional panels and work surfaces for the addition to the Rosemont system used at the Service Center by the Utility Department for the amount of $5,570,00. SUMMARY: This purchase is for additional panels and work surfaces compatible to the Rosemont system used at the Cit• of Denton Service Center by the Utility and Public Works Departments. This addition must be compatible to the existing units is use. BACKGROUND: Purchase Order Copy of prices extended and quoted the same as a Nrevious bid. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Utility Department FISCAL IMPACT: There is no additional impact on the General Fund. Respect ull sub~itte : a d. C it s artung City Manager Prepared by: y rsha 1, C. PI M. 1e. urchg Agent Approved: OCA ir 5:;z 4. M. elftle: urchasingrAgent~ 5 y4 I ! S~~J' i [ h 1 N w;. p~ p~. d' "E h 1 . gib E. MolcfVNEY S'i', FIJRCf?S A b~ t''aa`` DSNTOf~; T7f 16261 P. O. NUMBER DATENIENDG0 NO. DOCUMENT ~Y Gast)? 06/20/65 Sl a outss2ooo VENDOR: SHIP TO: GUSINeSS ESSENTIk,a UTILITY ADMIINISTRATION 514 NORTH ELM 216 E KCKINNE`! STREET OENTON. TX 76201 DENTON# TEXAS 76201 ITEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION OD NO. UNE AMOUNT O1 620 008 0450 41102 7 CASA 6160 N*W*OJART2; PANELS l+ti94+04! 02 690 008 0460 +1102 3 CASA 6136 N.W.WEOGE1r000 PANELS 57'3.601 03 620 01. 0450 0102 3 ABPC61N CONNECTOPS 45.00 04 620 000 0450 9102 1 CASA 6124 N•W. WCOGEWOO0 PANEL 1580,00 Ora 620 000 0450 9102 2 AUSO1N SUPPORT BASE 78 0i 06 620 000 0480 9102 10 COPC61N CONNECTORS 180.66 07 620 000 0450 9102 3 SPECIAL CONNECTORS 54000 48 610 008 0250 9229 9 CASA 6160 N.W•OUARTZ PANELS 2.178 00 09 610 008 0250 9229 2 CASA 0148 N.W•WEOGEW006 PANELS 430.00 LO 910 008 0250 9229 10 COPC61N CONNECTORS 180.00 11 610 000 0:150 9229 3 CAPS The City of Den!on, Taxes Is tax exempt - house 8I11 N0.20. TOTAL FOR P.Or 607000 Referen(A P.O. Number on all Bll., Shlpments and Inyolcae. Shipments are F.O.D. Ctty of Denton, or as Indicated. - Send Imrolces TO: Dlred All Impirfee TO: City of Denton, Accounts Payable John J. Mwshell, C.P.M.' purchaslho Agent 216 E. MoKln6' dcj Denton, TX moi Toni D, M4(W; b.P.M. Anat. Purchaaing Agent Phone 81716MV4 g171li66.,11 DJFw Met}o 2614042 The Clty of Denton IS an equal Opport411fty employer { Y DATE: Judy 161 1485 CITY COUNCIL REPORT TO., Mayor and Members of the City Council FR:tiM, G. Chris; Hartung, City Manager SUBJECT: PURCOASE CRDER 068875 BOYD EXCAVATION RECOM ENDATION: We recommend this purchase order in the amount of $219125.00 be approved. SUMMARY: This purchase order is for 325 hours of scraper rental for %ork at the landfill. Due to personnel changes, equipment problems, and an over abundance of refuse, it is still critical that we continue the use of these rental scrapers. The rate of $65.00 per hour includes machine operators, fuel, maintenance, etc. These scrapers are digging the trenches into which the solid waste or refuse is dumped. Our personnel are compacting and covering this material. BACKGROUND: Purchase Order 068875 PROGRA O DEPARTMENTS OR GROUPS AFFECTED: Solid Waste Landfill Operations FISCAL IMPACT: Budgeted Landfill expense Account 0631-002.0803-8502 Respectfull submit Pd: X44 Chris Hartung City Manager Pr red by: Name: om aw, T KM. Title: Assistant Purchasing Agent Approved: n rs a ~Fi. urchasing Agent .:ai r f -T 4 216 E. M KINNE,Y ST. ' 111toc ff 00#0 1 NP T:K 78205 P. O. NUMBER DAT%;7j 0. 8 t~t. t0C '9Et 1'Yt 60015 /0 80Y67001 VENDOR: SHIP TO. BOYD F.XC.AVAi ION aF00 FORT MGA'fH DRIVE GLNTON. TX 76201 ITEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION BID NO. UNE AMOUI y1 631 002 0601 :3502 325 HRs SCRAPPER RENTAL 21.125000 The City of Denton, Texas is tax exempt • House Bill No. 20. T FOR P OO * 210 26@ 0 r, Reference P.O. Number on all SA., Shipments and Invoices. Shipments are F.O.B. Cite of Denton, or as indicated. Iloilo send lnvoless TO. Dksct AN Inquld" T0: Oty of D0106, AcooUAls Payable' of A J. Mashah, O,P.M. Purchwslnp Agent 216 L. MoKlne* $1., Denton TX 18201 T fl b. Shaw,, O.P.M. Asst. Puruhaalnq Agent Ph6M 81r 8171tj" f D1FW1Mefr6 $74042 The City of Denton is an 1pual opportunlty emplo0r, , x _ „s Ty ''tr7 t n ~ a i4_ Y it I fin. .r ;yi ~~4. s;: a 7-7 Ay July 1, 1985 C1TY COUNCIL DEPORT Mayor and Members of the City Council FROM., G. Chris Hartung, City Manager SUBJECT: PURCHASE ORDER 168914 IBM CORPORATION $18,O68.40 RECOMMENDATION: We recommend this emergency purchase be approved for the purchase of IBM PC computers in the amount of :18,068.40. SU1#ARV: This purchase order is for tha purchase of three additional 1814 PC's to be used by Animal Control, Vehicle Maintenance, and Legal, These are being purchased at the current price of this less a 20% discount. This purchase has been approved and recommended by the Data Processing director and board. The prices were requested by purchasing and quotLd by IBM's Stcve Lucas. BACKGROUND: Purchase Order Copy PROGRAMS. DEPARTMENTS OR GROUPS ArFECTED: The computerized systems to utilize software for the corporation court, animal control, and vehicle maintenance. FIcCAL IMPACT: Budget Accounts Thera is no additional fiscal impact on the General Fund. Respectfully submitted: . Cfir s a 'n City Manager Prepared by: Joe kon.J. Marshall, C.P.Msing Agent Approved; h .Marshall? , C.P.M. tle. urchasing Agent rf M •~'~,S w R B- 9 rd ah " r s F I; Yi r ! 9; n., 'W~ r QT'S r y a A F r sk. 'I xI ,11~l VLSI ie5 . MoKI lNEY E ari' i. MD~~: D kTON, 1 P. Z~.,NUMgER DATENENDOR NO. bode LENT fiY 613914 06/2O/85 511 II135040 VENDOR: SHIP TO IBM ' CITY OF DENTON* C/o JEFF ZIEHM DATA PROCESSING peas BOX 340921 324-B EASY MCKINNEY ST• OAiLAS. TX 75234 OENTONr TX 76201 ITEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION BID NO. LINE AM6U 41 100 002 0044 9107 1 IBM 3970'PCgCOLOR MONITOR* 69022+8 02 100 002 6044 9107 GRAPHICS SOARDo 812K MEMORY 03 100 002 0044 9107 SOFTWARE0,01US•DISPLAYMR1TERs 04 710 002 0360 9'01 1 ISM 3270 PC 6 ACCESSORIES 6s022o8, 05 100 001 0004 9103 1 IBM 3270 AC 6 ACCESSORIES 69022481 The City of Denton, Taxes Is lax exempt • House Bill No. 20. T A FOR P•0. 189068s4t Reference P.O. Number on all BA., Shlpments end Invoices. Shipments are F.O.B. City of Denton, or as Indicated. Send Involces M. Direct All Inquirlee TO: Clay of Denton, Accounts Payable John j. Marshall, C.P.M. Purchasing Agent 21S E. Mcwnney St., Denton, TX 76201 Tom D. Shiwf'C.P.M. Asat Purchasing Agent Plwa 6171565.8223 S1N565.8311 D1F"W Melro 2814042 The Clty of Denton Is e1 equal opportunity employer Y e+ Cw f+ WV v k. A,~ 2 r tie r 4 ♦,y ry i 4/ ! ~'ct 4'.9 R r s, f a4 P .iC ' fit, ~i ;n,',~t t x M Ate, k5 4, r it.1'K +1t'.F 4 yr1r Ii ih F +AY Y DATE: July 16,1985 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: Emergency Purchase Order 069033 RECOMMENDATION: We recommend that the emergency purchase order 069033 to Public Technology for the amount of $4000,00, be approved for payment. SUMMARY: this purchase order is for membership dues from'8/1/85 to 7/31/86. BACKGROUND: P.O. 0 69033 ' PROGRAMSLDEPARTMENTS OR GROUPS AFFECTED: Energy Conservation FISCAL 114PACT: This purchase will impact the 1984•r5 account 100-003.0003 8505, Respef y s tied: G. a City Manager Prepared by., Denise annmg r Tiatlmee Buyer J Approved s. N oKff Marshal T1 le Purchasing Agent r ~ ~ f r t4v2' M ~ ~ ytia~i~~~y ~y x } "r ` 3 @ I r ~r , i yd ~tf pURCFIA~ ~ ab~~i ,gENTON, TX T6301 ~ 00,1L MANN L P.0`NUMBER DATENE060 NO. DOCUMENT Tyle 69 3:3 04/27/85 ENERGY CONS 5j PUB tie o'i l VENDOR: SHIP TO: PUSLIG TECHNOLOGY INC. 1401 PENNSYLVANIA AVE. N.Y. WASHINGTON• OC 20004 rrEM ACCOUNT NUMBER UNii'S NUMBER DESCRIPTION 810 NO. LINE AMOUN OI 100 003 0003 8505 1 MEMBERSHIP DUES 8/05-7/86 4e000.60 The City of Denton, Texas is tax exempt • House 8111 No. 20. TOTAL FOR P.O. 40000000 Reference P.O. Number on all 811., Shipments and Invoices. Shipments are F.O.S. City of Denton, or as Indicated. Send Invoices T0: Dlreo! All Impirlee TO: City of Denton, Accounts Payable Jahn J. Marshall, C.P.M. Purchasing Agent 215 F. McKinney St., Denton, TX 76201 Tom 0. Shaw, C,P,M. Assl. Purchasing Agent Phone 8171566 3 811/5668311 DVF'W Metro 2674042 The City of Denton is an equal opportunity employer 1; I y~ X ~~~~,114 ewr y t2:{. y il .~Y„ rl f{~ >",~~r} y i r~h, tF AN ORDINANCE ACCEPTING THE DEDICATION BY DEED FROK TEXAS UTILITIES ELECTRIC COWPANY OF THAT PORTION OF CR.RTAIN REAL PROPERTY SITUATED IN THE WILLIAM' TEAGUE SURVEY ABSTRACT NO. 1266, DENTON COUNTY, TEXAS, AS DESCRIBED IN SAID DEDICATION DEED, TO THE CITY OF DENTON TEXAS 0rOR THE USE OF SAID PROPERTY AS A PUPLIC STREET AND DECLAIM AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF iZNTON, TEXAS HEREBY ORDAINS: S CTION I. That the City of Denton, Texas, hereby gccepte, the conveyance and dedication by deed, from Texas tilittes Blectric Company$ 'a Texas Corporation acting by and through a duly authorized officer of Texas Power & Light Company) a division of such corporation, of that pportion of certain 'real property situated in the William Teague Survey, Abstract No, 1266, Denton County, Taxse, for the use of said property for street and road purposes, said property bei~►g more particularly described in a Dedication Deed attached h4rat6 and incorporated herein for all purposes. SECTION It. The Planning and Zoning Commission of the City of Denton 'is her0y authorised and directed to list the real property herein de6icated be designstod as s public street on the Official Map of the City of Denton, Texas. l SECTION III. Teat this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1955. L CITY OF DENTON, TEXAS ATTEST: i i } ~ EDEXTOtt,' CITY OF TEXAS APPROVED AS TO LEGAL FORMt DEBRA ADAMI DRAYOViTCH, CITY ATTORNEY { CITY OF DENTON, TEXAS 1( BYs,_ I tea. tt C ~g J17♦ i'~Wt ' w4 & w4k~ nh ' iW 4k ♦ Ada v', ` ,zi a+' if.+i eb' +n F1+ + y+. %OT ~'n Diibli`11'l:cis DtRa STATE OP TEXAS SNOW ALL MIN BY TRIOS PRESISNI81 COUNTY Of DCNTOri That, TEXAS UT1LV199 ELECTRIC COMPANY, A Texas Corpora- tion acting by and through a duly outhoril*d officer of TEXAS POWER a kIGBT COMPANY, a division of ouch corporation, o! Dallas County, Iexaso hereinafter called <•40rantorol for and in ' consideration of the sum if Ten Dollars (:210400) and other good and valuable consideratioh', t-i me In hand paid by the CITY Of DENTON, Municipal Buildings btntan, Texas 76201" hereinafter called "Grantee', receipt, of which is hereby acknowledged, his GRANTED AND DCWATRD, anti by those presents dose hereby GRANT AND DEDICATE unto the said CITY Ot DRNTOti, Texas, for so tong as the hereinafter described property is used for ateaat or road purposes# subject to the rtssevotlons hereinafter sat forth, the tract or parcel of land more particularly described as lollovsl i f All that certain 0.111 acre tract or parcel of land in the William Teague 811rvays Abstract No. 12661 Denton County, Texas, and botng part of a tract of land shown by deed to Texas Poise a Light Company, recorded in volume 1921 page 513 of the Deed Records of Denton Countyy, Texas and deed to Texas Power i Light Company, cscorded in Volume 9:460 Page S91, Deed Records of I Denton Countyy, Texan and being matt particularly described as followst , BEGINNING for the sou+:hisst cornet of this tract, at an iron pin in the center line of Colorado Boulevard, said iron pin is the southeast corner of said Teague durveyy, and is the southeast corner of said Texas Power 4 Light company tract THENCE North 19 degrees 29 minutes 19 seconds west with the 4outh line of osid Teague Survey a distance of 34.04 feet to an Iron pin in the west right of way of said Colorado Boulevard, for the southwest eornot of this tract) THENCE northeasterly with said right of way and a curve to the right, having ■ radius of 1239.19 feet (chord bearing North OS degrees 43 minutes 43 seconds Cast, 140.61 Etstl a distance of 140670 feet to an iron pin for and of curvet THENCE northeasterly with said right of way and a curve to the right, having a radius of 1169119 foot (chord bearing North 07 degrees 19 minutes 41 seconds Cost, 67.40 feet) a distance of 67.41 foot to I iron pin in j the southwest right of way of MST Rallroal Co eight of way, for the northwest corner of this tei0,tt DEDICATION DREG Page 1 tin'1 F u ,yf 3 y"~.P T,is of f, s e z` 4 vr~, r~ r, ~'ti f 3 i'' 1 ~rt YyM r ri f ! t , r<~` ef ! T09 Ct .South" 60 degrees 00 minutes ESsr," With said r 4l, rro;.a"rlghtat way a distance ,ot 21.56 feet to an iron pin fat 'the northeast cachet of this tract) THENCE South 02 degrees 27 minutef 21 seconds last with the seat' line_ of said Texas power ! tight Company treat;' a distance of 195.90 feet to Point of Beginning and containing 0.037 acres of land. SUBJECT TO all eeeesents and rights•of.wil of record. SUBJECT TO an easement retained by Orintor herein, over and across the ttact herein and hereby conveyed together with the right of Ingress and egress over and'. along' the Grantee's adjacent above described r! ht of May, and over for the put nlands to or frog said rtght.of way, posa of CongtruCting, operating, Improving, reconstructing, repairing, relocating, inspecting, patrolling, maintaining and removing such electric power and communication liner as the Grantor not from time to time find necessary, co..ivtnient or desirable to erect thereon] the right to tris ahd',7ut down trots and shrubbery 'to tte extent, in the sale,iudgsent of the dtsntor, nodeeeary to prevent pOSlibia intertertnce With the'operstion of any of said line$ or to remove i possib:a, haiarda thereto, and the right to tosoVs or t DCovent the construction on said land of any of Ali ` buildings, structurer and obstructions except that Grantor may not prevant construction of or otherwise intertere:yith the lonstruction of the street or road i proposed to be constructed by Grantee, - If any such builc+ingit structures or obstructions are constructed or permitted by Grantee to exist on said land without prior written consent of Grantor, then the grantor shall have the right to reo:,e same from such land and i Grantee ogress to pay t, Grantor the reasonable cost of such removal, and this agreement, together with the other provisions of this grant, $hill constitute a covenant running with the land for the benefit of the Grantot, its successors and assigns. The rights hereby granted are severable and may be aeslgned either in whole or in pert. f TURTNRR SUBJECT TO Grantor's General mortgage to Republic National Bank of Dallas, now RepublicBank Dallas# N,A,, Trustee, dated May 1, 1915, and all thep Mortgage Iandnt0 Md ofs T ust aeroou r is eUtilities electric Company to living Trust Company, Trustee, dated December 10 1003. The dedication of the above-described property is YAde to the CITY Of DENTON, Texas, for the purpose of having the said City use the east for street or road purporea► and by acceptance of this deed, Grantee agrees that Grantor W I not be assessed for any futv..te costs of paving said road. Grantee agrees to pay to drantor the cost of relocating any of Grantor's facilities or property which rust be relocated k as a r!16j2t of construction of the aforesaid roadway. f DEDICATION DEED • Pigs 1 j 'un . I , Y ~ qn,} x c - c.,Y ~ ~ L ~ ~~~C i .a~ ~ r y a'{r d i,}{ tw'"'a ~ty el 7 ~ i Ati Iyy ° F n, _G~. t'i c TO BAYS AND TO BOLD the above-described pasisosl ' together with `ill and singular the rights and appurtenances thereto in Anywiso, belonging unto the said CITY Of DENTONI Texas, Its" successors` and assigns, for so long so the above-described" property is used tar street or road purposes. When such property ceases to be used for street or road purposes, it shall immediately revert to and vest in TEXAS UlittTVCS ELECTRIC COMPANY, its successors and assignsi and TEXAS UTILITIES CLdc•PPIC COMPANY does hereby bind itself to warrant and defend all singular the csid'promises unto the said CITY Or DENTON, TexasP Its successors and ssaignsl against every person whomsoever I lawfully claiming, or to claim the same or, ;Ay pert thereof$ by, through or under the said TEXAS UTILITIES ELECTRIC COMPANY, but not otherwise.' EXECUTED this the 1o day of 1985. TEXAS POWER i LIGHT COMPANY a division of TEXAS UTILITIES ELECTRIC COMPANY all S~W By Carson Berman Title Vice President STATE Of TEXAS 9 Yr~* , . 6y:MTY or D tut f / alit instrument was acknowledged botore se on the --lo day of 19951 by cexsox a year a duly Authorised officer of TEXAS POWER i LIGHT COMPANY1 a divi- sion of TEXAS UTILITIES ELECTRIC COMPANY, a Texas corpora9'3n1 on behalf of TEXAS UTILITIES ELECTRIC COMPANY. Notary ub o1 t o exas my commission Explreei 0Vo >111 DEDICATION 0990 - Page 3 ~ vaF w ~d:{e ,~!{r , r. r 1 'i S t yi 'AlN Afti 07%26%85 CITY COUNCIL 1(66RT W MAT TOI Mayor and Menbars of the Cit~ Council i FROM$ 0. Chris Hartung# City Manager SUBJECT: ADOPTION OF AN ORDINANCE BETTING A DATE, TIME, AND FLACS FOR PUBLIC HEARINGS CONCERNING T88 PETITION OF FIELDS, EDWARbS:S ASSOCIATES' REPRESENTING MILLER OF TEXAS FOR VOLUNTARY ANNEXATION OF APPROXI- MATELY 270,82 ACRES COMPOSED BY FOUR PARCELS LOCATED NORTH AND SOUTH OF FM 426p BAST AND WEST OF TRINITY ROAD' AND SOUPS Oil HIGHWAY 380E RECOMNENDATIONt No recommendation is available at this Oime. SUMMARY: This petition for 'voluntary annexation represents further evidence of land silo activity anal potential development In the east and northeast region of Denton's extraterritorial jurisdiction. The subject property to located within the boundaries of a 2,000+ acre area extenring as far east as bake Lewisville, which has been targeted as a possible comprehensive annexation at the City of Denton's initiation. BACKGROUND: All four parcels in this request adjoin or abut at some point a 470 acre stye,%ch of land annexed in 1984 to accommodate a planned 500 unit reallential development originally proposed by Mr. R. 0. McDonnell, PROGRAMS, DEPARTMENT'S OR GROUPS AFFECTED: No existing housing or population to located within the area proposed for annexation., FISCAL IMPACT: Undetermined Respec~ul s~b ds P tired b : 0. Chris Hartung ` City Manager David Ellison Senior Planner Appro d Jeff Jeff "aysoom otor 61 Planning and Community Development 1005a r t A ' ~Sq kly 4 L°R y . Y s v qf 'r j 3.N EP: i NO. AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY AS DESCRIBED HEREIN BY THE;CITY OF DENTON, TEXAS, AND AUTHORILINO AND DIRECTING THE MAYOR TQ ?UBLIS11 NOTICE OF SUCH PUBLIC HEARINGS. ti THE CITY COUNCIL OF THE CITY OF DENTON HERESY ORDAINS: SECTION 1. On As day of , 1985, at 7:00 olcio.k P. M. in the City 'Council Chao ers6- o fth-0-Munitipal Building of the City of Denton, Texas, the City Count a will hold a public hearing giving all interested persons the right to appear and,os hoard on the: proposed annexation by the City of Denton, Taxai of the property described below. On the day of - , 19856 at, 7:00'o!clock P.M. in the Ctty7louncll chambers o t a unieipel laildieg of the City of Denton, Texas, the City Council will ho7,d a public hearing giving all interested persona the right to appear and be heard on the proposed annexation by the City of Denton, Texas of the fcllowiaS described property, to-wit: TRACT 1: All that certain tract or pareel of land lying and beingg • s ua a in the County of Denton, State of Texas, being a part of the V. Durnra Survey, Abstract Number 330 end more particularly described as follows; 894INNINO at a point in the present city limits as described in Ordinance No. 84.98, said point a).so being the Northwest corner of said survey; THENCE South 850 55' 43" East, alon said city Hosts, same being the North bound 4ryy line of said survey, a distance of 1,363.36 feet to a point Eor a corner; THENCE South a distance of 130.26 feet to a point for a corner; THENCE EAat a distance ,)f 15.0 feet to a point for a corner; THENCE South a distance if 1,860.0 feet to a point for a corner; THENCE South 240 O1' 06" Vest a distance of 274.05 feat to a point fee a corner; THENCE 'lo-.ith 400 25' 00" Vest a distance of 220.14 feat to a point for a corner in the Northeast rightoof-way line of FM 426; THENCE South 430 02' 02" Vest a distance of 100.13 feet to a point for a corner in the Southwest right-of-way line of FM 426; THENCE South 00 29' 31" East a distance of 1,472.35 feet to a point for a corner; THENCE North $90 23' 15" Vest a distance of 1,111.07 Leaf to a point for a corner; THENCE North 1o 204 37" East a" distance of 21340.84 feet to a point for a corner in the Southwest right-of-nay line. of FM 426; A-23/PACE ONE `.`e f r w~. S~ ~L Ct i~.:r'` } r~$ > 1d 5 ~~d lr~lp e ,'E a" °i ,V~ ^ i i! v°`a y« n' `17 {,il r 1 R 1 .G i Yom. S THENCE'North 150 19' 02" Vest croseta FM 426 a distance of 137.12 feet to a point for a corner in the Northeast right-of-way line of FM 426 and in the Vest boundary line of said survey; THENCE north 00 45.' 04" East shins said survey line "a distance of 1,566.44 feet to tho,place of hcginning and containing 115.12 acres of land more or lead. TRACT 7s All that certain tract or parcel of land lying and beingg sit un • in the Count of Denton, State of Texas, being : part, of the N. Forrest Survey, Abstract Number 417 and more particularly described as follows; BEOI"MO at'a`ppoint in the present city Limits, said point lying South 870 40 ~i6 East, 300 feet from the Northwest corner of pLot 20',,clock. F of the subdivision of the M.,Forrest Surv%q said ilydioa l beiiirg8an98inner all corner of the tract described in THENCE South 870 40' 46" Eaet, along said city limits, and the North boundary line of said Lot 2, a distance of 921.28 feet to 3 point for a corner; THENCE North 20 O1' 29" East, along said city liana, a distance of 333.65 fast to a point for a corner= THENCE North 10 26' 22" East, along raid city liens, a distance of 58.0 feet to it puint for a corner; • THENCE north 20 40' 39" east, along said city limits, a distance of 264.26 feet to a point for a corner; THENCE South 840 48' 42" East a distance of 40.24 .feet to a point for a corner; THENCE South 50 18' 14" Vest a distance of 247.94 feet to a point for a corner{ THENCE South 870 26' 10" East a distance of 182.11 feet to a oat for a corner in the boundary line of ■ tract conveyed to the . Oovernaent; THENCE South 00 33' 07" Vest, along said line, a distance of 409,37 feet to a U.S. Corps of Engineers monument (No. Q-309-w) for a corner; THENCE South 60 17' 32" East, along said line, a distance of 792.72 fat to a U.94 Corps of Engineers monument (No. Q-M -W) for a comsat; THENCE South 30 28' 02" Vest, along said line, a distance of 376.11 feet to a Corps of Engineers monument (Noo q-307-W) for a corner; T=HENCE North 550 02' 53" Yast, along said line, a distance of 437.4 fat to a Corps of Engineers monument (No. Q-306.5+) for a cornet; THENCE North $00 0' 06" Vest, along t+tid line, a distance of 308.65 feet to a Corps of Engineers monument (No. Q-305-V) for a corner; THUC6 North $40 160 46" Vest, along said line, a distance of 447.83 la teto a Corps of Engineers monument (No. Q•3044) for a .o r ae r; A-23/PACE TWO THENCE North 350 50' 0" West. :along said 'line, a distance of ! 432.47 feet to a point for a corner in the said present city li'lits; THENCE North 20 19' 14" Casts along said city limits, a distance of 3S2.66 feet to a place of beginning and containing 27.84 acres. TRACT . All that certain tract or parcel of land lying and being s us a in the County of Denton, State of Texas, being a part of the M. Forrest Survey, Abstract Number 417 and more particulaily daacrlbed as follows; AOINNING at a point in the presunt oily limits as described in ordinance No. 84.98, said point also being the Northwest corner of Lot 11 Block F of the subdivision of said curve,;.. . THENCE South 870 14' 58" East, aloe said city limits am the North boundary line'of said Lot 1, a distance of 1,418.5 fee: to a point for a softer, same being the Northeast corner of said Lot I and the Northwest corner of Lot 2, Block P; THENCE South 30 06' 57" West, along' said city limits and the -East boundary line of Lot I and the West boundary lius of Lot 2, a distance of 1,777.1 feet to a point for a corner; THENCE North 560 23' 03" West, along maid city limits, a dlstancs of 737.94 feet to a point for a corner; THENIM North 160 50' 50" East a distance of 146.41 feet to a e point for a corner; THENCE North 820 33' 40" West a distance of 707.37 feet to a point for a corner in the West boundary line of said toot 1; THENCE North 20 45' 06" East, along the hest boundary :ins of said Lot 1, a distance of 561.45 feet to a point for a corner; THENCE South 860 10' 37" East a distance of 194.01 'feat to a point fora corner; THENCE North 480, 27' 58" East a distance of 28.64 feet to a point for a corner; THENCE North 90 13' 56" West a distance of 12.59 feet to a point for a corner; THENCE North 390 15' 29" Heat a distance of $7.11 feet to a point for a corner; THENCE North 750 04' 19" Wu t a distance of 144.36 feet to a point for a corner in the West boundary line of said Lot 1; THENCE North 20 45' 06" East along the West boundary line of said Lot 1, a distance of 822.11 fast to the place of beginning add containing 53.94 &eras of land more or less. 26CTit - all that certain tract or parcel of lend lying and being situated in the County. of Dantoa, State of Texas, and bain$ part of the Ns Fortist Survey, Abstract 417 and wort particularly described as follova; Tract A•BEOINNINO at a go=at is the present city limits as . described in Ordinance 88.95, said point lying in the North A•23/PAGE M1 M;. ~:j s.z d ~C zh. 1 tit U " r 1~ Y t To i `t rd o ..q boundary lino, 500 fast west of the Northaast corner of Lot 121 Block A, of the subdivision of said survey; THENCE South along said City limits, a dtltance of 2;030,86 foot to`a point for a corner in the South boundary line of said Lot 12; THENCE North 89042104" watt, along said South boundary 'line and along the North boundary line of an East and'Wost road, known as Blass Road, a distance of 400.79 feet to a point for a corner; THENCE North 27005146" East, a distance of 471.01 feet to a point for a corner; THENCE North 62033143" Vest, a distance of 828.29 feet to a point for a corner in the West boundary line of said Lot 12; , THENCE North, along said West boundary Tina a distance of 11249:81 feat to the Forthweat corner of said Lot 12; THENCE South 89052111" East atom the North boundary line of said Lot 12 a distance of 94,44 feet to the place of beginning and containing 34.22 arras of land more or less. Tract B BEGINNING at a point in the present city limits as sae' crib d in Ordinance 8b•98, said point lying in the Northeast corner of Lot 12 and the Northwest corner of Lot 13, Block A, of the subdivision of said Forrest Survey; THENCE North 89055122" fast, along the North boundary tins of said Lot 130 a distance of IIU848 9 feet to the Northeast corner of said Lot 13, said point lying in a North &ad South road, known a• Trinity Road; THENCE South 0030153" West, along the East boundary line of said Lot 13 passing its Southeast corner same baLng the Northeast corner of Lot 6, block 8, for 'a total distance of 2,322.47 feat to a point for a corner in the East boundary line of said Lot 6; THENCE North 8900056" West, aloa$ tho North boundary lint of art gait sad West raid known as Slags Road, a distance of 1,:494.3 faec a point for a corner in ssid City limits, soon betas the West {Aundary line of said Lot 61 THENCE North 0039' East, along said linov, a distance of 266.81 feet to the Northwest corner of said Lot 6, same tieing the Southwest corner of Lot 131 Block B; THENCE North, along said lines a distance of 2,032.33 feu to the place of begianing and containing 73.82 acres of l^nd, more or lees. SECTO II. The Mayor of the City of Denton, Texas, is hereby au•,noriied 4nd directed to cause notice of such public hearieSs to be published once is a newspaper having ftemoral circulatlol to the City and in the above described torritor not sore than forty days nor loss than twenty days prior to the data of such public hearings, 11 in seecrdaaee with the Huoieipal Annexation Act (Artie a 91a, Vernon's Texas Civil Statutes). A-23/FAGt rM {t; SECTION 111. This ordlnanee shall be in full force and effect immediately t'allowin; its passage and approval. PASSED AND APPROVED this the day of , 1985. CITY OF DENTON* TEXAS ATTESTS CALL , s~iTY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADANI DRAYOVITCN, CITY ATTORNEY CITY OF DENTON, TEXAS BY: ~1J11 /r% 1i.. Ai~3/PAGE r~vc u; rN F Y ,7 4U Y_;1 .\~4" 7T,k° r NOTICE OF PUBLIC HEARIMS ON lRpppSED ANNE%AT1602 NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THATs The City of Denton, Texas, pro 0666 to institute annexation roceedinga to alter the boundary limits of said City to add the following described territory to the corporate limits of the City of Denton, to-vits TRA T L: All that certain tract or parcel of land lying and bein s ua a in the County of Denton, State of Texas, bsinS a part of f of the W. D•arhas Survey, Abstract Number 330 and sore particularly described as follows; BEGINNING at a point iu the present city limits as described in Ordinance No. 84.98, said point also being the Northwest corner of said survey; THENCE South 850 55' 43" East, alon said city limits, some betas the North boundary lino of said survey, a distance of 1,363.36 feet to a point for a corner; THENCE South a distance of 130,26 toot to a point fora corner; THENCE East a distance of 15.0 feet to a point for a corner; THENCE South a distance of 1,860.0 feet, to a point for a corner; THENCE South 240 01' 06" West a distance of 214.05 foot to a point for a corner; THENCE South 400 25' 00" West a distance of 220.14 feet to a point for a corner in the Northeast right-of-way line of FM 426; THENCE South 430 02' 02" West a distance of 100.13 feet to a pois,t for a corner in ch• Southwest right-of-way line of FM 426; THENCE South 00 29' 31" East a distance of 1,412.33 fast to a point for a corner; THENCE North 890 23' 15" Wait a distance of 1,111.01 teat to a point for a corner; THENCE North 10 30' J?" East a distance of 2,340.84 foot to a point for a corner in the Southwest right-of-way line of FM 426; THENCE North 150 19' 02" West crossing FM 426 a distance of 131.12 feat to a point for a corner in the Northeast eight-of-way line of FM 426 and in the West boundary line of said survey= ofEiCl66,44hf 00 t tofhtis place of beginning us dycoetainlaS L115,12 acres of Isnd sore or lees. Wsg i• inl vataln of Denton o Statt f Texas s blying an part lo[ the H. korrest Survey, Abstract Number 417 and more particularly ducrl.oad as follows; SEOINN1Nd at 41 ppoint in the resent city limits, said point lying South 810 401 46 East, X feet fra the Northwest corner of Lot 2, ploek t of the subdivision of the M I►orrest aurvy, said point a so being an Lenor`all corner of the treat described in SrdLa ae Nuslber 64.91. A-23/PAL2 014 M1 ,fit T-Y THENCE South 870 40 46" East, along fold city liaita, and the North boundary line of said Lot 2, a distance of 921.28 feet to a point for a corner; THENCE North 20 Oil 29" East, along said city limits, a distance of 335.65 feet to a point for a corner; THENCE North to 26' 22" East, along said city limits, a distance of SS.65 feet to a point for a corner{ THENCE north 20 40' 39" seat, along said city limits, a distance of 264.28 feet to a point for a corner; THENCE South 840 48' 42" East a distance of 40.24 feet to a point for a corner; THENCE South 'to L8' 14" West a distance of 247.94 feet to a point for a c .%or; THENCE South 810 26' 10" East a distance of 182.11 feet to a yyoint for a corner in the boundary line of a tract conveyed to the U.S. Government{ THENCE South Oo 33' 01" Wast, along said line, a distance of 409.37 feet to a U.S. Corps of Engineers monument (No. Q-309-W) cur a corner; THENCE South 60 17' 32" East, along said line. a distance of 792.12 feet to a U.S. Corps of Engineers monument (No. Q-308-W) for a corned . THENCE South 30 28' 02" West, along said line, a distance of $76.21 E.ret to a Corps of Engineers monument (No. Q-307-W) for a corner; THENCE North 350 02' 93" West, alocig said line, a distance of 437.4 feet to a Corps of Engineers monument '(No. Q-306-U) for a corner; THENCE North $00'0' 06" West, ilong said line, a distance of 308.65 feet to a Corps of Engineers monument (No. Q-309-W) for a corner; THENCE North $40 16' 46" West, along said line, a distanco of 442.81 feet to a Corps of Engineers monument (No. Q-304-W) for a corner; THENCE North 350 90' 0" West, along said line, a distance of 432.47 feet to a point for a corner in the said protect city limits; THENCE North 20 19' 14" East, along said city limits a distance of 392.66 feet to a place of begi.ning and containing 7.84 carom. TRACT 9 All that certain tract or parcel of land lying sad bofn s ua eo in the County of Denton, State of Texas, beinj a part o the M. xorrost Survey, Abstract Number 411 dad more yartldularly described as follows; SE01NN1NG at a point in the present city Limits as described in Ordinance No. %98, said point also being the Northwest corner of Lot to 'clock t of the subdivision of raid suvvoyl . TH91,49 South 810 14' 5814 rEast, alon said city limits and the North boundary line of meld it 1, a d"lstanco of 1oO M feet ce.a point fdr a tornee, saAe bai~ the Northeast coraor of said Lot 1 and the Northwest caro4t of Lot t, block'?? A-23/naz Two t ' 40" ~~t ;`~>{c l.- '+x r ,n"t Cr, w «=1~ 'rti ~ a .a~i. '.-_"~~s~, r ~'.~'F;f ,~~a .i~ Yt 14 t 7, THENCE South 30 06 57" Wet, alon# egad city limits and the East boundaryy line of Lot 1 and the Volt boundary line of Lot 2, a distance of 1,777.1 feet to a point for a corner; THENCE North 860 23' 03" Vestj etoo$ said city limits, a distance of 737.94 feet to a point for a corner, THENCE North 160 50' 50" East a distence of 146 41 fist to a point for a corner; THENCE North 820 33' 4011 Vest s distance of 101.31 feet to a point for a corner in the west boundary Ito* of said Lot 11 THENCE North 20 45' 06" Eastp along the Vest boundary line of said Lot 1, a distance of $61.45 feat to a point for r corner; THENCE South $60 10' 31" East a distance of 194.01 bet to a po,,t for a cornar; THENCE North 480 27' 58" East a distance of 28.64 feet to a point for a corner; THENCE North 90, 13' 56" Vest a distance of 72.59 fast to a point for a corner{ THENCE North 390 15' 29" Kest a distance of $7.11 feet to a point for a corner; THENCE North 750 04' 19" west a distance of 144.36 feet to a point for a corner in the Vest boundary line of said Lot 1; THENCE North 20 45' 06" East alon$ the Vest boundary line of said Lot 1, a distance of 822611 feet to the place of beginning and containing 33.94 torte of Land more or less. TRACT 41 ALL that cartel* tract or parcel of land lying and being s ua a in the Count; of Denton, State of Texas, and being part of the M. Forrest SLrvey, Abstract 417 and more particularly described as folloval Tract BEOINNINO at a point in the present city limits as •scr ed in Ordinance 84.98, said point lying in the North boundary line, 500 feet Vest of the Northeast corner of Lot 12, Block A, of the subdivision of said survey; THENCE South along said Citq 1Laits, a distance of 2,030.86 feet to a point for a corner in the South boundary line of said Lot 12; THENCE North $9042104" Vest, along said South boundary line and alonS the North boundary line of an East and Vest roadp knovn as B1a$g Road, a distance of 400.79 feat to a point fora corner; THENCE North 27005046" East, a distance of 411.01 feet to a point for a cornsrl THENCE North 62033'45" Vest, a distance of 628.29 bet to a point for a corner in the Veit boundary line of laid Lot 121 THENCE North, along laid Vest boundary Line a distance of 1,229.81 bet to the Morthvaet corner of said Lot 121 THENCE South $9032011" East, aloe the North boundary line of said Lot 12, a distance of y44.44 cot to the place ofbagianin • anG eontaininll 34 22 acres of land more of l,ais. A43/PA03 TNREE 17 i Tr ct a BEGINNING at s point in The prosant city limits as ucr id in ordinance 84.98, said point lying in the Northeast corner of Lot 12 and the Notthvett corner of Lot 13, block A, of the subdivision of said forreat SurvayjTHENCE North 89953'23" East, alone t:he North boundary line of said Lot 13, a distance of 1,388.84 lset to the Northeast corner of said Lot 13 said point as Tsiniey Road lying in a NOVA and South road, known THENCE South 0030'33" Wtst, Along the Gat boundary line of said Lot 13 passing its Routhaast corner samm being the Northeast corner of Lot 6, Block 8, for a total Distance of 2 322.47 fAet to A point for a corner in the East boundscy line of said Lot 6; THENCE Noeth 89006158" West, along thatMocth boundary line of an test and Vast road known as Bla g Road, a distance of 1,394,3 feet to A point for a corner in said City limits, seas being the least boundary line of said Lot 61 THENCE North 0039' EaSt, along said lino, a distance of 266.81 feet to the Northwest corner of said Lot 6, sane being the Southwest corner of Lot 13, Block 3, THENCE North, .Hong slid lines a distance of 2,032.33 feet to the place of beginning and containing 73.82 acres of land, more or ass. A Public Nearing will be held by and before the City Council of the City of Denton, Texas, on the day of 1983, it 7tOO o'clock P. M, in the CET-y- Council Cham ers o e Municipal Building of the City of Denton, Texan, for all persons interested in the above proposed annexation. At said time and place all such persona shall have the right to appear sad be heard. Of all said matters and things, all persons interested in the things and matters herein mentioned, wi,l take notice, A Public Hearing will be held by and before the City Council of the City of Denton, Texas, on the !y of 19830 at 7190 o'clock P, Mo in the C tC -y `Cbuacil C ers o t e Municipal Building of the City of Denton, Texas, for all persons interested in the above proposed annexation. At said time and place all much persons shall have the right to appear and be heard, Of all said matters and things, all persons interested in the things and matters herein mentioned, will take notice. I CITY Of DLMTON, TRA9 ATTCSTi MLOTTI j A•23/fAGr, fOClR t j 1 I ~ • l'. f 1 44'.. w Oft 1f r bps • I \ t Al "4 J { r 1 } . 'v Ij. 1 1 lot lo P . r•.~r11ri . b►~+nY 1 S t n , G ' r " `DATP1 07/16/85 3 CITY COUNCIL REPORT FORMAT 4' TO: Mayor and Members of the City Council OROMI G. Chris Hartung, City Manager SUSJBCT: ADOPTION OF AN ORDINANCE AND SERVICE PLAN INSTITUTING X40EXATION PROCEEDINGS FOR A TRACT OF LANn CONSISTING OF 258.66 ACRES BRING PART OF THE S. MYERS SURVEYr ABSTRACT 8431 AND THE A. HILLER SURVEY, ABSTRACT 8871 AND BEGINNING WB8T OF UNDERWOOD ROADt EAST OF Co'WaLFE ROAD, SOUTH OF JIM CHRISTAL ROAD AND NORTH OF TOM COLE ROAD OA-21} RECOMMENDATION: The Planning and Zoning Commisslon recommends approval by a vote of 7-0. SUMMARY: This is a voluntary petition which also inoludes a request for light industrial zoning. BACKGROUND: NA PROGRAMS. DEPARTMENTS OR G OUPS AFFECTED: Petitioners and City of Denton FISCAL I ACT: Undetermined Respe LfUDLY 'autQi e : 0. Chris Hartwig City Manager Prepared by: O&n(A....5: QItM David Ellison senior !/lanner ApproV : Jeff Meye Director of Planning and Community DsvelopAent 0916s CITY COUNCIL AGENDA BACK-Up SUMMARY SHSiT` MEETING DATE: July 16, 1985 SUBJECTc IMSt3itu a 'i ttne~Cdbtdfig' concerning the petition of Bruce R. west for voluntary annexation of 258,66 acres being part of the S. Myers Survey, Abstract 843, and the A. Miller Survey, Abstract 887, and beginning west of Underwood Road, east of C. Wolfe Road, south of Jim Chrietal Road and north of Tom Cole Road (A-21)► SUMMARY: This is a voluntary petition for annexation and a change in zoning petition for approximately 658 acres adjacent and north of the City, of Denton Municipal Airport at its closest point has also been submitted. The requested zoning is light industrial (LI). The petition for annexation and zoning was possibly precipitated by the inclusion of this site in an area considered appropriate for light Industrial use by the Economic Development Fact Book (see exhibit 11), Approximately three (3) structures and residences are located within the affected area. A major annexation in 1983-84 included the bulk of the 658 acres included in the change in zoning petition. It is extremely difficult to anticipate the immediate development potential to this tract, The nearest public water and sewer facilities are approximately 21000 feet away according to the Economic Development Fact Book. The City Of Denton has customarily accepted petitions for voluntary annexation when the property !n yaestion is primarily undeveloped and the immediate demands on City services is limited, Annexation of this tract would be consistent with actions taken on previous annexations in this area and a recommendation from the Airport Board, as well as the planning and Zoning Commission, will be forwarded to the City Council. ACTION REQUIRED: Adoption of ordinance and service plan RECOMMENDATION: The planning and zoning Commission recummends approval by a vote of 7-0. EXIIISITS: 1, map 2, Excerpt from Economic Development Fact Book 3► Minutes of the Planning and Zoning Commission meeting of dune 12, 1985 0a A;m - DaV B don 0816.4 Senior Planner *.hI : ' 7a' e w.; 1 F A F• `!y a ~L NO, AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS BEING ALL THAT LOT TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 258.66 ACRES OF LAND LYING AND BEING PART OFSITUATED S. IN MYEA$ SURVEY, ABSTRACT LNG STATE 843 OF THB ANOMIBEING LLER SURVEY, ABSTRACT 887 DENTON COUNTY$ TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" 6ISTRICT pROPERTY1 AND DECLARING AN EFFECTIVE DATE. WHEREAS, the request for annexation was introduced at a regular meeting 'of the City Council of the City of Denton] Texas, on the petition of the City of Denton, Texas; and WHEREAS, an opportunity was afforded, at a public hearing held for that purpose on the day of To 1985 in the Council Chambers for all `fntereseod persons to state their views and present evidence bearing upon the annoxation provided by this ordinance; and WHEREAS, an opportunity aa afforded, at a public hearingg held for that purpose on the .2day of , 1985 in the Council chambers for all -1-61arested persons o sae their views and present evidence bearing upon the annexation provided by this ordinance; and WHEREAS, this ordinance has been published in full at least one time in the official newspaper of the City of Denton, Texas, prior to its effective date, a•.d after the public hearings; NOW9 THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION T. That the hereinafter described tract of land be, and the same is hereby annexed to the L'lty of Donton, Texas, and the same is made hereby a part of asid City and the land and the present and future inhabitants thereof shall be entitled to all the rights and privileges of other citizens of said City and shall be bound by the acts and ordlnanc&A of said City now in atfoct or which may hereafter be easeted and the property situated therein i iall be subject to and shall bear its tang part of the taxes levied by the City. The tract of land hereby annexed is described as follows, to-wits All that certain tract or parcel of land lying and being situated in the County of Denton, State of Texas, being part of the S. Myers Survay, Abstract 843 and the A. Miller Surw y, Abstract 887 and being more particularly described as foliowst BEGINNING at a point in the present city limits, said point beingg the East and Wert county road, known as Jim Christal Road, ssid point also being the Northwest corner of the tract described in Ordinance No. 83.90; THENCE South along the present city limits, same being the middlo of Hickory Creok with its meanders to a point for a corner in tit South boundary line of the said Myers Survey{ THENCE West along the South boundary We of said layers surveyy, ppa wing the Southwest corner, of said survey same being tho Boatheast corner d► thi`$aid Miller Sutvsy, and continuing fora PAGE 1 hg A. Ll Yr k .;n i 'Yy` :`':d .U""' y:, r •r. ''iF r F~ r' lc7 'y„ ~ r r. distance of 4,620 feet, more or less, to the East boundary line of the North and South road, known as Wolfe Road; THENCE North 00 15' East, along said road, a distance of 2,664.35 to a point for a corner, sane being the intersection of the East line of said Wolfe Road with the center of Jim Christal Road; THENCE along baid Jim Christal Road the following six calls; (l) North 890 0' East, 1j530 feet; (2) North 880 20' East 5555.60 feet; (3) North 890 10' East, 944 feet; (4) Zest, 511.6 feet• (S) South $80 0' East, 90.0 feet; (6) South $50 0' East, 166 JS) to the place of beginning end containing 258.66 icreu of land, more or less. SECTION tI. The above described ppropparty is hereby 'classified as Agricul- tural "A" District and ahall so appear on the official coning map of the City of Dontons Texas, which sap is hereby amended accordingly. SECTION III. This ordinance shall be affective immediately upon its passage. Introducud before the City Council cn the day of , 1985. PASSED AND APPROVED by the City Council on the day of 1985. CITY OF DENTONs TEXAS ATTEST: Z'fAR CITY OF DENTONj TEXAS APPROVED AS TO LEGAL FORM: DESRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS bye PAGE Z ; A 2. r ltYV ^.k end:{1y11 Aj y, I Ki y t, r+' ] ;v 1 H << a ,T .r rY ie lv .1'. I PLAN OF SERVICE FOR ANNEXED AREA. CITY OF DENTON, TEXAS WHEREAS, Article 970a as amended requires that a plan of service be adopted by the governing body of a city prior to passage of an ordinance annexing an area; and WHEREAS, the City of Denton is contemplating annexation of an area which is bounded as (shown on a map of the proposed annexation, NOW$ THEREFORE, BE IT RESOLVED BY THE CITY COJNCIL 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: Is 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 Eigns, 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- meat of the fire fighting force, will be provided on tiag effective date of annexation, C, Water (1) Stater 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 codk 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 •o the anhexe4'area within one month after the effective date of annexation. Service Pion Annexed Areas Page two F. Streets (1) Emergency maintenance of streets (repair of hazal•dous 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) Raconstructiot, 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. 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 c2ty 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. J. Recreation (1) Residents of the annexed area may use all oxisting recreational facilities, parks, etc,, on V.e nffee- 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, k 1 ~ Y is .•:~+r" k _Pe s~ 'J 1~ P> ~ ^,arj a L.: t, t ra. ;Y y.l .'~x v L YL Service,Plan Annexed Areas Page three L, Miscellaneous (1) Street name signs where needed will be installed within approxisrate)v 6 months after tiij 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 prolossional 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. r yr~~~ ~i' r.+C'1 °e(J ♦ Y','C Y'69 yN'7 a 1 S !a rni`~-g Y ~i ♦ a 41.t F a ~i F t+" 'r.. » i.y K~, f x ( ~ it I •rn f l II f f.. ail: {J{.... JIM CHAISTAL AD. a..... 1I hf I fff l iI l N TOM COLE AD♦ j f »:rr~:st•Ja-s ar.~as tst a-r. r:::.e .••.rrs~as.•.r'...a ~ ? i, I ! if 1 ~I li 1 1 jolkl vs ti'al1 .n YI e'en • °t ~,r Y '1'1`' t1 1}, r Y';;• PI f~.>ea '1. i"q +~W'iu Ir, v .VL z1 4 w t ~ri. ~ Y ~ . t i S :P •1 t t it VA. ` 1t tAJV No- E dod" Site H w\ aij DENtON OR o rY ~s~~ l '.wfU• i jl..r,.:,~~~. iv ~Oo~->.rr r ~,r~ ~ rir.. .r.. I , ~ Ir SITE H LAND INFORMATION OWNERSHIP: Foster Lin;:sey, Inc. TOTAL LAND AREA; 693 acres ZONING CLASSIFICATION: Agricultural HIGHWAY ACCESS: Jim Chdstat Road provides dirscl access to Interstate Highway 35, which Is Iwo miles to the east. AIR AND RAIL ACCESS: The site Is adjacent to the Denton Airport. Rail lines ari t not dirootiy adjacent but a spur could be constructed In the future. SOIL DESCRIPTION: The site Is mostly Ponder loom and Burleson clay loam with 1 to 3 percent slo e. The Dry Fork of Hickory Creak runs through the property. UTILITIES: Electricity Is available at the site. Sewer and water lines are locatwd 2000 ft, away, Natural gas Is &"liable In the vicinity. M 6 t eL r 'n'Y ~ ,,yc ' t ~ i i'~, s ~ 1 f r t t 'rt M1{ ~ a $ % ,"G`f ~ a ' 1 ~ r ' z u alb '~x7 A-21 i >1MUTION SCHEME Nay 79, 1985 Submit City Council agenda item U. y 29, 1985 Submit City Council, agenda back-up r *June 4, 1985 City Council sets date, time and place for public hearing June 5, 19es Notice to Centcn Record Chronicle v June 7, 1985 Publish notice and Bailout ✓ June 10, 1985 Submit C,ty Council agenda item c- June lo. 1985 Airport Board makes recommendation V June ti, 1985 Submit City Council agenda back-up June 12, 1985 Planning and Zoniny Commission saake;e recommendation v %Juns 18, 1985 City Council holds public hearing June 190 1985 Notice to Denton Record Chronicle _u ne 21, 1985 Publish notice and ma;lout June 24, 1985 Submit City Council agenda item /June 25, 1925 Submit City Council agenda back-up *Ju?,y 2, 1985 City Council holds second public hearing July 8, 1985 Submit city Council agenda item ✓July 9, 1985 Sub*.it city council aq,nda back-up *July i6, 1985 City Council institutes annexation proceedings Ju),y ig, 1985 Ordinance to Denton Record Chronicle July 21, 1985 Publish ordinance August 26, 1985 Submit City Council agenda item August 27, 1985 Submit City Council agenda back-up *September 3, 1985 Final action by City Council *Dsnotti action by the City Council 09649 v. + "W'E s fi~ 'x ,yg' J ~o1R 1r o4 . a . - y 1 777 P 8 1 Minutes June 12, 1985 page S D. A-11. Petition of Bruce R. West for voluntary annexation of 2S8.66 acres being part of the S. Myers Survey, Abstract No. 843, and the A. Miller Survey, Abstract No. 887, and beginning west of Underwood Road, east of C. Wolfe Road, (UNAPPROVED) south of Jim Christal Road, and north of Tow Cole Road. STAFF REPORT: Mr. Ellison stated this is a voluntaryy annexation f 258 acres; that d petition has been sub- witted on approximately 656 acres, including this propp- erty, for a change in zoning from agricultural to ligght industrial. The remainder of the property was included in a previous annexation in 1983-846 He said the city of Denton Economic Pactbook identifies this as a possible LI site. I DECISION: It was moved by Mr. LaForte seconded by 14s. Cole, and unanimously carried (7-01 to recommend 1 approval of A-21. 'V'N 79 _Y „?e,xK t r kf' ,reds IH~~ s y P7i,,, 77 7 I DATE. 7-10-95 CIT COUNCIL REPORT FORMAT TO: Mayor and Kesbers of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: Amendment of the Handi V-:p Program contract with SPAN RECO14MENDATION: The Human Resources committee recommf-ids approval, 1 i The existing contract amount will:be increased $7500 to cover increased ridership. The 1984 contract with SPAN required a sixth month evaluation of the cor,Lract amount so that the Human Resources Committee mould determine if an increase was necessarv. i ?~R S if ARINENTS OR GROUPS AFFECTED. NA i:3ti:AL IMPACT. The General Fund will be impacted. ~s o t ed: Res '04 ~~(/'rfT~i~i' ~ i 1 ar u g City !'tanager Pro ared by; Beth Evans pity Development Coordinator • i'.bproved: 4.: r or of P ing 6 Community Development M:r + r t !M+ ! <'h-' rti [i n - r~ s ' ~[K '11777t 7J Y A 1 , ` r NO. AN ORDINANCE APPROVING AN AMENDATORY AGREEMENT BETWEEN THE CITY OF DENTON AND SERVICES FROGRAN FOR AGING NEEDS (SPAN); AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DACE. WHEREAS, the City Council has determined that it is in the beat into-eat of the citizens of the City to provide public funds to Services Program for Aging Needs (SPAN), in, consideration of the valuable public services to be furnished by Services Program for AAgging Needs (SPAN) to the City of Denton in accordance with the "Amendatory Agreement" attached hereto; 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 Charter of the City of Denton,; Texas requires that every act of the Counoit providing for the expenditure of funds or for the contracting for indebtedness shall be by ordinance; NOW, THE..F.FORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION I. That tno city Council hereby approves the "Amendatory Agree- meat" attached hereto, betveea ti.e City of Denton and Servicer Program fnr Aging Needs (:,PAN), and autnorizes the Mayor to execute said agreement. SECTION II. That the City Council authorizes the expenditure of funds in the manner and amount as specified in the Amendatory Agreement. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1935. RICHARD 0. 3TLVXKTs KAY`OK CITY OF DENTON, TEXAS ATTEST: , CITY SECRETARY CITY vF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY Or DENTON, TEXAS Sys t'r L': THE STATE OF TEXAS ; AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF DENTON COUNTY OF DENTON ; AND SPAN This Amendatory Agreement is hereby entered into by and between the City of Denton, Texas, a Municipal Corpvration (hereinafter referred to as CITY), and the Services Program for Aging Needs (hereinafter referred to as SPAN); WHEREAS, the CITY %nd SPAN entered into an Agreement on the , 20th day of November, 1984, the terms of which provide that SPAN shall provide certain services to older citizens of Denton and CITY will provide funding for such purpose; and WHEREAS, Section 8 of said Agreement provides that, at the end of six months of the Agreement, SPAN is required to sake a report relative to the services provided pursuant to the agreement and projected services to be provided during the remainder of the Agreement, and the Human Resources Committee ma;v determine if additional funding is necessary and if they to fine. may make recommendations to the City Council; and WHEREAS, said Human Resources Committee has received such report and has determined thr.t the sum of Seven Thousand Five Hundred and No/100 Dollars ($1,500.00) be provided by CITY to continue services for the remainder of the term of the Agreement; and WHEREAS, the City Council of the City of Denton her(*.; deter- mines that said request is reasonable; NOW, THEREFORE, the parties hereto mutually a;tree as follows: 1. Pursuant to Section 8 of the above referenced Agreement, CITY agrees to pay SPAN the a,tount of Seven Thousand Five Hundred and No/ 100 Dollar. (#1,500.00) for services rendered tirouKhout the term of the original Agreement and Section 1 is heresy amended to . ref loci`syment of said additional sum. AA DATORY AGP.EZN9(T/SERVICt8 PROGRAM TOIL AGING NEEDS/PAGI l II. Within thirty (30) days of the termination of this agreement, !PAN shall return any funds previously paid to SPAN which were not used to provide transportation services in accordance with the terms of this Agreement. III. All other terms and provisions of the original agreement shall remain in full force and effect. IV. This Amendment shall become effective July 17, 1SS$. CITY OF DENTON, TEXAS SERVICES PROGRAM FOR AGING NEEDS (HANDIHOP) R CITY OF DENTON, TEXAS ATTEST. ATTEST: SEL'> ETARV - CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA AVAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY, ,/1'l fir, rte. 1.l AMENDATORY AGREBMLNT/SERVICES PROGRAM Nil AGING NEEDS/PAGE 2 e 4 ,tif.. Ap eJv ry'"~ x'. r;w' Ira M }4 r TYo! DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 7620; / TELEPHONE (817) 566.8200 MEMORANDLF, `)ATE: -Tuly 8, 1985 4h: G. Chris Hartung, City Manager FRCM: Jeff Meyer; Director of Planning & Camunity Development E)UBJ: Handi-Hop Contract Amendment on March 28, 1985, Erica LissLerger and Judy Watkins from SP.M, appeared before the Hunan Resources Ccmnittee to ask for an amerdnent to their oaitract with the city for the Handi-Hop program. The crnmittee listenend to thr.ir request and met on April 2, 1985, to vote for a contract increase of $0/500. Attached are the minutes fran both of those meetings and a letter from 1'1s. Lissberger to Elizabeth Evans, staff liaison to the Human Resources Carmittee. ie y+er JM:p] 77 , r r ` h a f i 4 HOUSE ON THE S ARE SPAN C7URT QU , DENTON, TEUS76201 - E17/387.4941 Services Progrom for Aging Needs In Denton County June 24, 1985 Ms. Elizat•2th Evans Community Development Cooreinator City of Denton 235 West Hickory, Suite 101 Denton, Texas 76201 Dear Elizabeths This letter is in response to your telephone call regarding the additional funding required for the HandiHop transportation progras„ for the remainder of budget year 1985 by SPAN. As you know, the success of the HandiHop program has resulted !.n ridership increases which have been hard to predict. The one thing we do know is that the program has not yet reached its "leveling-off" point and is still on the increase. HandiHop, in its second year of operations ridership increased 62• over the first year. At the end of the third year usage had increased to an overwhelming 103% increase over the previous year. Responsible for part of this huge increase was SPAN's subcontracting with Denton Taxi Service for evening and weekend transportation. Today, almost twee-fourth into the fourth year of HandiHop, we predict at least a 338 increase at the end of the year. When the Human Resources Committee met on March 28, SPAN presented in its report an analysis of anticipated ridership for the balance of 1965. The year would end with a deficit between $9,000 to 85,060. This was and still is a conservative estimate. Since we really cannot be sure of the increases in July, August and September, but we do know that they are very high usage months, it was decided that in order to prevent cutting service in case of a funding shortage it would be prudent o increase the request to 87,500a of course this would only be dray. if the projected increase was realized. ~ r;u. si r ~ c A ~ ,,rya isR~' xr ~~r; i i ; . . -y', .h`'"~,ti .r~~`i ~ yq c . Me. Elizabeth Evans -2- June 240 1985 SPAN is proud of its partnership with the City of Denton to provide this program and appreciates the fine work the Human Resources Committee and CDGB stiff is doing to accomplish this. Thank for all your help and support. Cor 1, msiness Manager Enc. (1) l y 4o~4 a~ HANDI HOP REPORT TVIRD QUARTER 1985 DATE OP REPORTt 6/24/85 *JUNE IS ESTIMATED PERFORMANCE rrr rrr. rl.rr. TRIP PURPOSES MONTH EWilY- ME. $HOP- REC- OTHER TOTAL TRIPS BY TRIPS BY KENT DICAL VINO RBATION TRIPS SPAN 'TAXI CO., . r - r rrr .rrr.. rrr r r OCT6 297 19 128 - 34 478 298 180 NOV. 200 15 90 18 13 336 191 145 DEC. 154 13 68 18 18 271 160 111 rrr r r r -rrrr rrr r r r.......... \ r . r . -rrr . n r IST.QRT- 651 47 286 36 65 11085 649 436 . r r r br r r r r r JAN. 194 35 79 28 19 355 200 155 FEB. 165 41 95 35 8 364 225 139 KARL 209 25 68 50 30 382 266 116 ..rr.................r rrr r ..........................•.rrr..........w........ 2ND QRT- 588 101 242 113 57 10101 691 410 rrr rrrr...........rrr..rrrr--rrrr......... APR. 113 23 103 29 11 409 255 154 MAY 199 19 72 49 48 387 252 135 JU14.ESTIM.199 19 72 49 48 387 252 135 . - . r - r r r r r . ~ ...............r r Y 3RD 09T- 641 61 247 127 107 1,183 759 424 V. r ► r............... r TOTALS 1,880 209 775 276 229 3,369 2,099 1,270 TO DATE f .i ,.w red i _ y x ^ _ _ =Jh t' ,r4i S C-'"'M'"' ♦ 7!717' . doh HANDIHOP REPORT, THIRD QUARTER CONT. PAGE 2 BUDGET ACCOUNT BAI ANCE 'r`IRST INSTALLMENT $4,95040--$4050.00 OCT. 298 TRIPS BY SPAN X $540 P/TRIP $1,490.00 180 " " TAXI 5650 " _ 990000 $2,480.00--$2,470.00 NOV. 191 TRIPS BY SPAN X $5.00 P/TRIP $ 955.00 145 " " TAXI 5150 797.50 $1,752.50-- $ 717.50 DEC. 160 TRIPS BY SPAN X $5.00 P/TRIP = $ 800.00 111 " TAXI 5.50 of ■ 610.50 $1,410.50-- ($693.00) SECOND INSTALLMENT $4,950.00-44,257.00 JAN. 200 TRIPS EY SPAN X $540 P/TRIP ■ $1,000900 155 " TAXI 5.50 " ■ 852.50 $1,852.50--$2,404.50 FEB. 225 TRIPS BY SPAN X 5.00 P/TRIP ■ $1112540 139 " TAXI 5050 " 764.50 $10889056-- $ 5154,110,. MAR. 266 TRIPS BY SPAN X $5.00 P/TRIP ■ $1030.00 116 TAXI 5.50 = 638.00 $1,968.00--(1,45340) THIRD AND FOURTH INSTALLMENT $91900.00--$8,44740` APR. 255 TRIPS BY SPAN X $5600 P/TRIP ■ $1,275.00 154 " " TAXI X 5.50 " ■ 847600 82,122.00--$6,325.00. MAY 252 TRIPS BY SPAN X $540 P/TRIP ■ $1,260.00 135 " " TAXI X 5.50 " 0 742.50 $2,002.50--$4,322.50` JUN. (ESTIMATED SAME AS AOVE) ■ $2,002.50--$2,320.00 END OF JUNE BALANCE WILL BE $2#320.00 OR LESS ESTIMATED FOR FOURTH QUARTER $6,574.00 OR NORB DF-FICIT BALANCE $(4,254.00) AT LEAST 17. } t ,r F a., 9w ai Y~'1d i}"t r.^•T +r~S a$•:[7fTT'~"'Xw#tr~r9'i e 1 y v"rN ~.0, 1~-v Y~. 5 1 . ^~'~.y ~ a hf =h ~ I ~_sb Minutes Human Resources Committee April'2 1985 A special called meeting of the Human Resources Committee (HRC) of the City of Denton$ Texas was held On Apt.il 2,1984, at 4:00 p.m. in the Training Room of the service center,, Present: Fannie Belle Caupp, Karen Connor, William Crouch, Betty Kreps, Dona}d Pickens, Irene Price and Rudy Rodriquez Absent: Trudy Foster, Rudy Moreno, Norrie Rawdon, and Jim Riddlesperger Present from staff: Elizabeth Evans, Community Development Cootdinatorl Julia Moore, Community Development Coordinator; and Penny Jones) Clerk I. Chairperson Fannie Belle Gaupp, called the meeting to order at 4:05 p.m. II. Ms, Gaupp opened a discussion on recommending to the City Council an increase to the Handi-Hop contract. She said th-9re had been a lot of time spent considering a recommendation of additional funding for the agency. I Mr. Rodriquez asked if there was a fee for aervices. Ms. Connors said the ridern fee was $1 for a one-way trip and that Denton's service charge was higher than most cities. Ms. Evans also said the taxi cab fees were $5.50 fon a one-way trip. Me. Caupp said the cost increase seemed reasonable after four years of service, Ms. Connor stated the cost per trip was raised after the current budget was set end the committee was aware of the need for an increaaeo although Mr. Aiddlesperger had suggested the committee wait for a six month evaluation of expenditures before the revision was sent to the Council. Mr. Crouch maJe a motion to cover the projected Mandi-96p, exgenditures over the remainder of the fiscal year for $7,500a tie. Connor seconded the motion@ Me. Gaupp asked for further discussion before a final vOtE,l,~ r . a y g a ?G r S mI w wc l a { J'9w. t eyv, 4 '~e rl r r s`+~y ♦ o a 1 t t .~'I:--., Mi utes 3the kUman Resrurceb Coa'041 tee ap~il' 21985 : Mr. Rodriquez requested'an expense clarification for Handi-Hop's audit report. Ms. Connor said $3,900 of SPAN's money was expended orh-Handi-Hop. Me. Qaupp said the City is billed for every trip Handi-Hop makes and if requested funds were not spent that the agency would refund the City as they had done in the past. She asked for a vote. The vote was carried 7-0 . 111. The meeting was adjourned at 41lS p.m. 1136g VEC T-7 r: 5A ti 1 y Jr \ " l~ 17 "W l a t r 4 i : ~fJ. • Minutes Human Resourcos Committee Notch 28, 1985 special caller meetin of the H of the city of to ntonf ?exats was held onsMarchs280 1984; atHRC1' 4:00 p.mo in Vie Training Room of the Service Center. Present: Wallace Batey, Karen Connor, William Crouch, Trudy Poster, Fannie Belle Gaupp, Betty Kreps, Irene Price, Norrie Rawdon, Rudy Rodriquez and Jim Riddlesperger Absent: Rrtdy Moreno and Donald Pickens Present from staff: Elizabeth Evans, Community Development Coordinator) Julia Moote, Community Development Coordinatort and Penny Jones, Clerk L. Chairperson Fannie e41le Gaupp, called the meeting to order at 4:05 p.m, II. Ms, Gaupp opened a discussion on the financial status of Handi-Hop. III. Frica Liesberger, Business Manager of SPAN, gave a summary of Handi-Hop's financial status and rjxpected -I expenditures. Me. Lissberger stated that the 4'585 projections were showing an increase in the usage of Handi»Hop, Ms. Gaupp asked for an explanation for this increase, Me. Judy Watkins, Social Worker, stated that mere people were hearing of the program, Doctors and officials of agencies such as the Rice Center and the Texas Rehabilitation Center have written letters or phoned the agency informing thom of patients in need of service, Me, Foster asked if these recommended individuals paid any fees, Ms, Watkins replied that there is a fee of $140 per persun per trip. As. Gaupp said there were not any income eligibility requirementa, but she did not believe there were any wealthy riders on the program. Moo Poster Asked if any contributions were made by the riders.` ~v ~trr "h i .ply! < y. 'a ✓;.q' oy. 1 na M mutes of the Hum" Rosources Committee K t'oh~ 28? 1985 Page Ma. Lisaberger said the SPAN bus had a coin collector in it, She 4100 said that employment purposes were the first priority of the transportation programs then shopping and other chores, Me. Liesberger continued that the taxi cab service was noted for a good job on the weekends with no fuss from the riders and also good documentation on the tickets received. Me. Connor said last summer there were two eiders employed at night. Ms, Gaupp added the night transportation was also meeting the needs of employed people serviced, Me, Watkins said there still was a rider at nigyht for em loyment transportation because of a seizure disorder which affected hfa driving ability. Mae Evans asked why there was such an increase in services last summer. Me, Liesberger replied the hospitals were serving as a referral system and overall mo"e people were aware of the program, Me, Gaupp asked Ms, Liesberger if the increased referrals will allow the Program to keep its present rate of services. Me, Liesberger repliFd that at the present rate of ridership and considering the projections for the summer, the amount of money allocated to Handi-Hop would not be enough, This could cause some of the services to be out unless the City is willingq to amend the Handi-Hop contract to provide an lh;vrease in funding, Me, Kreps stated the agency was already short and if the ridership increases did not happen as projecte4 that the City would automatically be reimbursed, me, Connor felt since the Committee had agreed to amend the budget if needed after a six month period, that Handi-Hop would need some flexibility in case of a dramatic increase in ridership, Me, Gaupp requested everyone think about the recommendation of additional funding for SPAN, Ms, Lissberger when Naked, requested an additional 87,560, Mai Evans called a short meeting for Tuesday, April 2, 1985, to vote on a recommendation to City Councll, Mai Gaupp thanked Me Watkins and Mar Liesberger for being present.' Me. Rawdon`arrived at this time, INN, + d ~a W17 1 AM { iR T;,,.M i 1t qq~ Mlrtutes of the Human Riaourgs Committee Maroti'!,28, X985 . Page' 2V. Me. oaupp caked it there were any additions or corrections to the minutes, MF. Gaupp.requeste,d, in section I1, page i,'to change t,a wardd advertisings to listing. ,r #-)j in so tion Iv, page 2, to remove "not effectiveness,i and reword it properly, she also stated MP, Itawdon would be working with Gary Truitt on the revision process of the 'Options,' and any information for the booklet could be directed to her. Me. Rawdon requested a copy of the letters of support that were sent to sir. Truitt. Me. Gaupp asked for further additions or corrootions to the minutes. There ware none and the minutes were approved. V. me, Gaupp opened a discussion on the agency funding requeate meeting dates. Me, Evans said the times could be rearranged if more or less agencies reply to the questionnaire. The members agreed to the proposed meeting dates. V1. Me. Gaupp opened a discussion on the agency application review forms. me. Moore stated the forms were found in old files, kMs. Gaupp said the forms were used for COG and the HRC never Wised them. (she also requested the staff to make a chart that lists the agency requests, and compares these to last year.) VII. Me, Gaupp opened a discussion on the CLSG Rehabilitation Program. Me. Evans said assistance was needed for recruiting people, she also wanted everyone to be aware of the program in case someone knew of a needy receipient, The members agreed to try and get more applicants for the program, Vill, Me, Gaupp opened a discussion on any new business. Me. Rawdon was updated on the Handi-Hop expend~turols. She also said the X p W extra requested would givo lee-way for increased ridership, Me. Oaupp requested that Meg Evans call the absent members and teil'them of the upcoming meeting. a' -:A 't~. ~1~M~% iV < a,4~ „ y Iif 1"~KFtP*'}`i~k Minutes of the. Humah Roo' rtes Committee Akroh 2$, 1985 page 4 5> l Me. Kreps then brought up the letter that the committee members had received concerning the iulti-purpose center tour. She requested a summary of the feasibility study. Me. Moore said the tour of the two facilities its part of a study being conducted by the CDeG staff in,order to determine whether a similar center could be built in Denton. Ms. Moore also stated that a location for the center is also being consieered. Spaces could be rented to agencies for branch offices and other large meeting rooms coulJ be rented out, The Parks and Recreation Department wants to develop, Mack Park but the citizens who have requested the center do not want the facility located there. Other locations than have bean suggstted include land across from Fred Moore Perk, the lot where Pied Moore Srhool is presently located and land,acroed from the Phoenix Apartments. IX, Meeting was adjourned at 5:08 p.m. 11358 y i ,t.~w. a J^f.':, ( „y~°, yR 'N +};'!L r d i', T e..•, "4 P,..i 3.n 5-r ~s -7•r ,1~ is i~. `br t r•!4 , j 'ay s Ju y 16;'1985 CITY COUNCIL'AGENDA Itk4 TO: MAYOR AND M R4BERS'OF THE CITY COUNCIL FROM: G. Chris Hartung, City Manager SUBJECT: Consider Engineering Contract with Freese $ Nichols, Inc., for Water Plant Upgrade (Phase 1), CIP 85-WP-2. RECOMMENDATION The Public Utilities Board, at their meeting of June 19, 19850 recommended to the City Cou.lc11 approval of proposed engineering contract (Exhibit III). with Freese 4 Nichols for analysis, plans, specifications and resident project representation of Water Treatment Plant Upgrade (Phase I), CIP 85-WP-2. SUMMARY The existing Water Treatment Plant is currently capable of producing a maximum rf 24 million gallons per day (MGD). The maximum demand on the plant was 20.4 MGD in 1984. Freese $ Nichols, Inc., the ortg final Water Treatment Plant Engineers, nas submitted a proposal (see attached engineering contract) adaressing these problems-(Exhibit II). This engineering contract will upgrade the hydraulics and associated equipment and structures frou a 24 MGD plant to a 30 MGD plant. This upgraded plant should carry the City of Denton water requirements to early 1992 at which time a new water plant must be on line. See extracts from Denton Utility Department precasts (Exhibit I). The proposed engineering contract is based on salary costs (which is actual salary times 1.39 for benefits) times 2.2 plus actual expenses for such items as travel, printing, computer, etc. Engineering contract is "not-to-exceed' $271,5S0. Resident Engineer Costs are on an actual costs basis "not-to-exceed" $13S,000. 3730U:4 F; a 777 «BACKGROUND The Water Treatment Plant was constructed In 19S5. It was upgraded in 1962 and 1975 to keep ;up with City growth. The plant is in need of upgrading to 30 MGA in' order, to continue providing good quality and adequate ';uantties of water as required by Denton water customers. As Per Exhibit I, with this proposed upgrade coming on line by 1987s the mo.yt prq,rable peak will be 23.4 MGD. To delay this upgrade project will ;eo pardixa the ability of the'Wat4r Treatment Plant to supply all Denton water customers at the present rate of growth. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED City of Denton, Denton Municipal Utilities, Freese 8 Nichols, Inc., City of Denton Water Customers, FISCAL IMPACT The cost of this analysis, plans, specifications and resident project representative is estimated at $406,550 (Exhibit IV). Design will be for 12 months and site inspection will be for duration of construction, approximately 1S months. This Is a PY85 Capital Improvements Project, 85-WP-2 (Design), 86-WP-1 and 87-WP-2 (construction). Source of Funds: Bond funds 623-008-0460-9191-7938 (Phase I) Estimated design and resident project representative $4061SSO Prepired by: Res tf 1 ly b i ted, David Ham _ Asst. Director of Utilities G;`Z'F-iris ar ung Water/Wastewater Divisions City Manager Ap v d 2Z 4e su,i Director of Utilities EXHIBIT i Engineering Services Contract- Freese 8' Nichols, Inc. 11 Freese 4 Nichols, Inc. Proposal of Water Treatment Plant Improvements Ill Denton Utility Department 1985 Forecast IV Estimates of probable analysis, design and construction costs i.. V Minutes PUB Meet%ng.of 6/19/85 VI Ordinance ,r 3730Ut5 Y~ 111 NO. AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND FREESE AND NICHOLS, INC. FOR ENGINEERING CONSULTING SEkVICES IN CONNECTION WITH THE CONSTRUCTION OF UPGRADING THE WATER TREATMENT PLANT, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is in the best interest of the City of Denton to provide for its future needs for upgradiii8 the Dater Treatment Plant; and WHEREAS, the city staff and Public Utilities 3oard have recommended that Freese and Nicholas Inc., conaulticS engineers, be retained to perform professional services; and MEREAS, Section 2.36(f) of the Code of Ordinances reqquires that th": City Council approve all expenditures of more than 53,000, 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 HEREBY ORDAINS: ~ SECTIOA I. That the Mayor and City Secretary are hereby authorised and directed to execute and attest, respectively, the agreement betwoen the City of Denton, and lreess and Nichols, Inc., providing for professional services comprising of the construction of upgrading the Water Treatment Plant under the terns and condit!ons contained in said agreement vhich is attached hereto and made a pert hereof. SECTION 11. That this ordinance Pnali become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1985. RICHARD 0: S7E7AZT, MAYN CITY OF DENTON, TEXAS A PTEST t CITY OF DENTON,OTEXAS APPROVED AS TO LEGAL YORMs DEBRA ADAMt DRAY41'IM, CITY ATTORNEY CITY orrD~E,N,t,ON~,, TEXAS BYt ~ µ i ,i i THE ST . 6 OF TEXAS g AGREEMENT BETWEEN THE CITY OF COT)NTY OF DENTON § DENTON AND FREESE AND NICHOLS, INC, THIS CONTRACT entered into this day of , 1935, between the City of Derton, 'ff` xas, hereinafter ca e t e Owners acting by and through Richard 0. Stewart, its Mayor, duly .authorized to act, and Freese and Nichols, Inc., Consulting 'Engineers, Fort Worth, Texas, hereinafter called tho Engineer. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parries hereto do mutually agree, as follows: 1. Employment of Engineer: The Owner hereby employs the Engineer and the Engineer e.grees to perform professiok:)i services as herein set forth in conrection with the construction of upgrading the Water Treatment PLint, hereinafter called the Project. 2. Character and Extent of ~Eng_i_neerin Services: The Engineer shall render enII- egring services or t e evelopment And construction of the Project, which shall include the following: A. PreliminaryEngind:Bring Report Compile a preliminary engineering report in sufficient detail to identifv the scope of the pproject and alternate solutions availabe to the City of Denton to include preliminary layouts, sketches and estimates of probable construction cost for the project, and set forth the enStneer's recommendationE. The report will include investigation and analysis of the existing system, preliminary des!gn and layout of the proposed systems. The repor~- will include the following: 1. Evaluation of an additional thiru intake line at the raw water intake structure to permit a wider variation in depths from which the raw water is taken, as well as increase intake capacity. This will be possible if the level of Lake Lewisville is raised as planned by the Corpt of Engineers. 2. Perforce piezoo►oter reaadin$a on the existing two parallel raw water pipe lines (a 27-ineh installed in 1957 and a 30-inch installed in 1975) to determine the coefficient of roughness of the pipes. This value will be used to determine maximum' capacity and designpressure of the PAGE 1 ~ M i r ` 4 ja. an ,^4 ~p a qJ! i T5 Sa. 1~ ' ii 9 ..Ti , LTW N hi Y\'~ ~ . . 4 d existing facilities and also will allow an evaluation of the benefit of cleaning these lines. 3. Evaluation of existing raw water flow meters with a single flow meter suitable for field calibration and certification of raw water purchases to the City of Dallas. 4. Investigate the use of an inline static mixer to replace the rapid mixer. Evaluation of existing chemical feed equipment and chemical storage facilities, to meet increasad water production requirements. S. Evaluation of modifications of the raw water channel to allow even proportioning of flow between the floc,culators and to accommodate the higher hydraulic loadings. b. Analysis of renovation of the existing Flocculators No. 1-4 to include conv<iraion frcm wet chain drive units to dry drives and refurbishing of Flocculatcre No. 5-8. Also included will be assessment of concrete deterioration in the basins and recommendations for repair and concrete protective coating systems. 1. Analysis of renovations to the existing sedimentation basins including evaluation and replacement, if necessary, of the four (4) oldest Clarifier Mechanisms No. 1-4 and refurbishing Clarifiers No. 5-8. Assessment will also be made of concrete deterioration in all batine and recommendations for repair and concrete protective coating systems will be made. 8. Conduct tracor studies through dye testing to determine the dispersion patterns of a dye tracer to evaluate the afficnney and performance of the sedimentation and flocculation basins. The degree of short-circuiting can be deter<oined by the tracer technique and determination of the standard, average and nominal detention times for each basin can be evaluated and recommendations made for modifications and baffling to improve basin efficiency acid porformance, retrofitting existing sedimentation basin with improved weir design, and evaluation and assessment of tube settler devices. 9. Recommendations for replacement of cilter media wLth dual media and 'replacement of filter underdrain syst;%, as 14, necessary, in the eight(8) oldest Filters No i PAGE 2 ' j y 4 vr. ✓ n u .i Z i ! r i i Investigation will also consider conversion to air assisted backwash system. 10. Investigation of modifications of pipe gallery including hydraulic analysis of connecting piping, rate of flow controllers and valving to accommodate the increased,flow. Consideration will be given for conversion from existing hydraulic actuated valves to electric actuated valves. Consideration will also be given to construction sequence to permit plant to remain in partial operation during pipe gallery modifications. 11. Assessment of new chlorination facilities including se arate outside facilities for storage of chlorine cylinders, handling and weighing ?acilities, new chlorinator building and new chlorinators, as necessary. 12. Assessment of electrical renovations necessary inclining evaluation of existing switchgear and starters. The assessment will be performed in cooperation with the City of Denton's Electrical Department. 13. Assess and make recommendations for improvement to the existing instrumentation system, including improvements at the filter consoles to accommodate electric operators, control panel for turbidity recorders and annunciators or additional supervisory controls. 14. Evaluate the feasibility of providing for an on-site sludge holding lagoon to retain water plant sludge on site. 15. Recommendations for repair/replacement of existing sludge drawoff valves on all sedimentation basins. 16. Recommendations for replacement of control Valves on High Service Pumps No. 1, 4 and No. 3 with electric control valves. 17. Recommendations for a new storage and shop building to accommodate plant storage and inhouse repair work on ' miscellaneous equipment, 18. Assessment of renovation and remodeling of existing building' including resealing all expansion joints, repair roof and gall leaks, remodeling of laboratory and office faoili'ties PALL 3 }~4T r ' v 1 r r 11 n. 19. Assessment of replacement/repair of 30-inch butterfly valve on'oxisting 1 t6illion gallon storage tank. 20. Prepare estivate of probable construction cost of all recommended improvements, 21. Furnish City twenty-five (25) copies of the preliminary engineering report. B. Design Phase After receipt from the City of Denton of acceptance of the Preliminary Engineering Report, indicating any specific modifications or changes in scope desired by the City, and upon written authorization from the City, the Engineer will proceed with the performance of services for the design phase as follows: 1. Prepare detailed plans and specifications including surveys, designs and layouts of improvements to be constructed and contract documents for the improvements. 2. The City reserves the right co direct Engineer to perform substantial revision of the plans and specifications, but in such event, the City shall pay Engineer Just and equitable compensation for services rendered in making',ar.ch revision(s). if revision(s) are required by reasun of the Engineer's error or omission, then such revision(t) shall be made by the Engineer without additional compensation. This action may occur during design or construction phases. 3. Establish the scope of any soils and foundation investigations or special tests which may be necessary for the design of the project, and with the City's approval. Arrange for such investigations and testing to be conducted for the City's account. 4. Submit p',ans, specifications and contract documents to the Texas Department of Health for approval. 5. Prepare estimates of probable construction cost for the improvements. 6. Furnish the City twenty-five (25) sets of plans, specifications and construction documents. As directed by the City, additional sets of plans, specifications and construction documents, as are necessary in the receiving of bids :for construction' and as are requited r, PAGE 4 >'r r r Iii i, ,r7+ i i(,,,~Y :'S rr r^{r w r a4r r r t.: ~SN i M11 v P U, r 1 o L ih` tt (r 'R'FYl~9 ( ps ~~~n qV r. in the execution of the project, shall be furnished by the Engineer and shall be paid for by the City. C. Construction Phase Upon completion of the design phase services, approval of . final plans aild specifications, and upon written authori- zation from the City, the Enggineer will proceed with the performance and services in thia phase as follows: 1. Assist the City in securing bids, issuing notice to bidders and notifying construction news publications. Notice to bidders will be furnished to the City for publication in the local news media. 2. Assist the City in the opening, tabulation and assess- ment of the bids received, and furnish recommendations on the award of the contract(s) or the appropriate actions to be taken by the City. 3. Assist in the preparation of formal contrwit documents for construction contracts. 4. Assist in conducting pre-Ponstruction conferences(s) with the contractor(s), review construction schedules prepared by the contractor(s) and prepare a proposed estimate of monthly cash requirements for the project. 5. Make visits to the site (as distinguished from the continuous services of a resident project representative) to observe the progress and the qual cy of work, and to attempt to determine in general if the work is proceeding in accordance with the contract documents. In performing these services, the Engineer will endeavor to protect the City against defects and deficiencies in the work of contractors; the Engineer will report any observed defects or deficiencies immediately to the City; however, it is understood that the Engineer does not guarantee the contractor's performance nor is he responsible for supervision of the contractor's operation and employees. 6. Consult and edvise with the City during construction, make recommendations to the City regarding the materials and workmanship, and prepare change orders for City's approval. 7. Check and review samples, catalogg data, schedules, shop dra4_1hgs, laboratory, shop and mill test of material and equipment and other data which the contractor is is PACE 5 r ° Nro his rf4`j„^ Sd Y F, . ZM"~ '~+{i"7,y d'F w4 , a•1~' P y Pd Pr ~k~ii. Y 4 , .n 3~~,r ;X rV 7 tt A ry Is, 7 required to submit for performance with the design concepts of the project and compliance with the information given by the contract documents, and assemble written guarantees which are required by the contract documents. 8. Assist the City in arranging for testing of materials and laboratory controls Ouring construction to be conducted at the City's expense. 9. Interpret intent of the plans and specifications fot the City and contractor(s). 10. Review and comment on monthly and fined estimates for payment to contractor(s). 11. Conduct, in company with City's representative, a final inspection of the project, for compliance with the design concept of the project in compliance with the contract documents, and review and comment on the certification of completion and recommendation for final payment to the contractor(s). 12. Prepare revisions of construction drawings with the assistance of the City's project personnel and the construction contractor(s) reflecting changes in the project made during construction. These "record drawings" shall be provided by the Engineer to the City as one (1) set of reproducibles and two (2) seta of prints. D. Additional Services Additional services to be performed by the Engineer, if authorized by the City, which are not included in the above described basic services, are described as follows: 1. Provide shop, mill, field or laboratory inspection cf materials end equipment. 2. Preparation of any required operation and maintenance manuals or conducting operator training or start up service. 3. furnishing the services of a rmcidential project representative to act as the City's on-site representative , during the construction phase if required by the City, under terms and conditions deactibed'in Section F of this Agreement: PAGE 6 r~ r:}~ > 4 i~ ?rr d . 'S, ~ , ! ~'~iC' a i 1 , f ,w # ' F,"~ " i : . " ~ E. Compensation The Engineer shall be compensated for services rendered hereunder on the basis of salary cost times a multiplier of 22 Plus other direct expenses times a multiplier of 1.00, I with the total fee not to exceed $271,550.00 without written authorization of the City. Salary cost is defined as the cost of salaries of engineers, draftsmen, stenographers, surveymen clerks,. laborers, etc., for the time directly chargeable to the project, plus social security contributions, unemployment compensation insurance, retirement benefits, medical and insurance benefits, bonuses, sick leave, vacation and holiday pay applie:able thereto. (Salar Cost is equal to 1.39 times salary payments. This fyactor is adjusted annually.) Other direct expenses shall include printing and reproduction expense, communication expense, travel, transportation and subsistence away from Port Worth and other miscellaneous expense directly related to the work, including costs of laboratory analysis, tests, and other work required to be done by independent persons or agents other than staff members. Compensation will be made on the basis of monthly state- ments rendered to and approved by the City; however, under no circumstances shall any monthly statement for services exceed the value of work performed at the time a statement is rendered. The Consultant shall be entitled to a cumulative amount not to ►axcoud 85% of the maximum fee upon completion and submission of the plans, specifications and construction documents to the City. The remaining fifteen percent (15%) of the maximum fee shall be paid upon submission of monthly statements during the construction phase. If construction bids are received and a contract is not awarded, payment to the Engineer shall not exceed 85% of the maximum fee. If construction bids ara not received, payment to the Engineer shall not exceed 85% of the maximum fee. In either case (as described above), the Engineer will receive payment within six (6) months after the City has received the final plans and specifications and contract documents. a. It is specifically understood and agreed that'-the Engineer shall not be authorized or required to undertake any work pursuant to this Agreement which would require additional PACE 7 /:..rh ,i d' 5 a " r c a r s S> ~3`- ~i } ,af , e ~ y hf w d~ '?•?uR AZ; ~ a : i q1'' . )'',t n '3"~i r payments by the City of asy charge, expense, or reimburse- ment above the maximum fs.e as stated without having first obtained written authorization from the City. F, Resident Project Reprdsenteative If the City elects to have the Engineer furnish the servicen of a resident project representative to act as the City's on-site representative during the construction phase, the Engineer will furnish these services at a salary cost times a multiplier of 2.0, direct non-labor expenses shall be reimbursed at actual cost times a multiplier of 1.00, If a resident project representative is required by the City, the services provided by the Engineer shall be as described in the attachment, "Duties, Responsibilities and Limitations of Authority of Resident Project Representativeat the City's written request and authorizatioas C. Time of Completion The Engineers shall submit the preliminary engineering report within three (3) months and shall submit plans and specifications and contract documents within nine (9) months following authorization to proceed. H. Termination This Contrait may be terminated at any time by the Owner, without penalty or liability except as may otherwise be specifiet herein provided the Engineer will be entitled to compensation for work performed prior to temination. 1. Arbitration No arbitration arising out of, or relating to this Agreement may include, by consolidation, 3oindAr or in any other manner, any additional party not a party to this Agreement, J. Successors and Assignments The Owner and the Engineer each binds himself, successors, executors, administrators and assigns to the other party to this Agreement, and to the successors, executors, administrators, and assigns of such other party in respect of all 'covenants of this Agreement. Except as above, neither the Owner nor the Engineer shall assign, sublet or transfer his interest in this Agreement without the written` consent cf the other. PAGE8 S ' rr ' ~~o ,(!t 1Y?9 Cfi,wa w^~~ rpr +t.?p'1c^ i 'ji K. Indemnification: Engineer shall and does hereby agree to indemnify and hold harmless the City from any and all damages, loss or liability of any kind whatsoever, by reason of injury or property or third persons occasioned by any error, omission or negligent act of Engineer, its officers, agents, employees, invites, and other persons for whom it is legally liable, !iith regard to the performance of this Agreement, and Engineer will, at its cost and expense, defend and protect the City against any and all such claims and demands. This Contract is executed in two counterparts. IN TESTIMONY HEREOF they have executed this Agreement, the day and year first above writtens CITY OF DENTON, TEXAS, OWNER BY: RICHARD 0. STEWART9 MDR ATTEST: MMOTTE ALLENt MY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: BRA ADAMI CITY OF DENTON, TEXAS FREESE & NICHOLS, INCo, ENGINEER BY: ROBERT L, C VICS•PRESIDENT ATTEST: F PAGE 9 , . r~ w a Y r..~a 7,. rr ,x .s '~'41 J~ ~~~M ~;~~~f ~'d'j Y L . i , I~:. ` t y`°"'~ r ~ ' ~ y ~ . tc p c F a . a~,ti.,,_ t 3i , ~ ~ ~ v EMMA r a f Duties. Responsibilities and Umitations'of,Autnority of Resident Project Representative A. oe.frei. f, RefbltM ft*d RepweMal" Is sNO1Nswe A~p ed aM diMMM h~ tw w> the sfMeMfbM e3' ENOI~ POEM od *0 soWw r dr am Wwk 4000101 tlNlxY POW W wig gi~tS aw 00': t go wkA "a wIMM~s fbNl *r be 1broetb w wbb die h1laawA*1 of CONTRACTOR. WriaeifP,"Off";CM&M whir *"U wits be o* lbro* er K dMw "by KNOOPIRAL'' , OWN Sow Nviatemoda. PAW" ft*d RgruodMlw wilk t, kkdalru Revkw tM reaps S"Wo. "No" of Sko DrawbtE svbMiaifru wW seb" of vaiatf pf#W d by CONTRACT"wA eo"A wMb RNt3INUlt eovarei~ tboir aecopt"Y. 2. Coorm * Awd rneoratrretiea eertfireaeee. Ante a sebfdnle a<yreEnso tewiap Nber}o► eaM.nnee~ w rgebed M ecafitMietf WC sNr INUR wA Mdly Wfae aaraeud w aft*W bi advam". Attend mottGst. AM atbttaia ad e0 'd I OPUS of PO,AMea tbefeaf. J. LWreifr , a. San a ENMSER's him with CONTRACTOR, wet *0404 My WOVO CONTRACTOR': t oe. &M aW awid bba l lmW of tbi CeMrw DeerAlan,, AuW tNOMSSRbtfewin=as OWNIR`s r him with CW M A wbal CNTM4Wl _6 *pw=4d i sad OWN&Irs 004H epmikot, . , b. As tgww! W MOINES& Maid in eMal~ Nom OWN Elk ad&bwffl MW6 nt 1,16h♦mlen. who lgnirod ~ d~a jeb dw Art IMNr a:;cetteiNl ~t11e MNek. . 4. $hv Drwfyr andS&vipkw s,. Reaiw Mid ftMd dMt 0110841 of SWP Drfwbya attl 111111. leeeive MOO" wbkb We Arens*%W N tM site by CONTUC'tOR, mw sally E INUR *(*Air &VWWA" IN "O rods M. k Adviw sNOINM frill COM1►'1tACM w be wRerMNMsM kvmdie * a<tbe eanrasne#mnt'c,t my woAt hNiMiM a !b1! 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Vw*F dd wd N and ryeawa :Notes OW Mwt1M aid mill ►~a i m G1ftmAo" we e~ad as ltd by do CwrYaM D6woom M1d k povion K *4 61M IbM ~R tilaiMaia~ Nw1df 1baNNt Naerw, Mleti afN nt~1 N sNOlfl ~sR sliele IelaEs teif~eiw to tAl lrst ~aredrwks 6w d• Amy vb btE ieslceten 1er/eerAetM lwrbde etb>f sdstteMs AavbM jwifdtetiaa.aw 0* lrejteto rfeeM 111! www of dwN IafRreNew alwf wry M ENdIN#sR. , . , , y B M bf MMteM! sti r twtlnfwad titers, Jim K iwN 11.W.6w.ri-o w O.C. !MM lbfRlAt'/CAICft r1AAlrerlfr 11w Ip~1•A , ~J' 144Y ~ ~s ~:.,}i a , i~+ + '..~i •i~ . i . y4. ti of ~/t AW~mrals.~ T w * k Cow" AC flhlQiN 'e aewM«Mi. ehwMehtiewe aiN Mfer♦e 7. &4A*wI"u c"$k r "d calm's CONTRACT' ASS III"! e1 om k Drtwtwp w thew •hlt neew~eataek+Mtsl q "WINNER. ^ wlet L fJaiwaiw w the Ja► eie 806 Ifh~e fbe amgowrowee, tareeee Kw ~ firw'f~ ~w awl My bomw Ne0".N as o"wm K fb ~ ~ MMM. NM• w**CvewanN ooewae, ree, eye +et~~FlOedi aws Ia4rreogttMe k ~ a ~ w 1M i tooorelfe~ home w the o"w w Mtweeale. . Ieiretiew~, fiu K veYr~ Mrwtii aa1 FS-7--m me sMUNwi K « ` yy Saab *(*Abu ► aNf.iiea,WMr, obeanarieae ICI"4 wad M+elAt MwwMlaa N a»tu lela/ h tM Me ef' w `wi,M,f.~. w « +ef~Nnre wwnbge O so Reeeer naewa~ye OW It atwte awl m*# er!lMen K roN1'RACt~e(i, lwnf~prplNfWt~~K~~ Avlool R«k~ICONTf1 b, ~ OfN~tR V s/ww~e KeehalwlN waver A~i+OR eeewirliweewiehehe ~iws~e ~ eteee K fwpoeaeet Die K tht I• ROM wewedm* to MINSSA we the eawroeoe $(my aeeibwt• r0. ri„wrse jt t' NOyIIIN &POdgwilm ht MOM with CONTRACTOR be he oplabillsh" N ftiw" Is wMree 9W Oak eN~nlubo aw/ AwweN these with hemweft/Miaw to gNOj« ~j w k Trees Ith* n Uhi wood Yak awlieltl mw ere~{re ey a s~ ~Itt ~Me bw woe sneer. It. Crrr~k+w, MsLwra.eerruef oe aeii. 119110111116 awl eebw4 Nonwlu Dwf~hi"eVertoKehe Wilde t we"Oft o des eeeteeind !e be aseewbteI awl flaai~be~ e!lWeable to fI ~ el~efver this aateetal W flNollomm fir us nH w wM Www4ki OWNER refer /t. C&vvko wt• ' ~ hwt a caKMeite K Soba"m x.1010411116 CONTRACTOR A list K eblen lttww w eawrMeien w eemasks. k.C w " b w loelutiew is u6 9 ~ moo+f of IMINRIA, owNRR and corn ACTOR wt rf"efe o saw Hre K 06 be Of OtIvotto 664=e*N w Ibyl Iht Mw 1111 a k eernttd awr wwkt etieowweww0etione do l~NtlfNlIER wb~ 'i. C. LhwMoUae of AMIarMy. lxap W Metew hwtwettoae KSNOINEIIR, a "I&N hww Raloft"N eiwt to Ad so aboodM any deMatirw "m the Cearaee botwewwb or ape" aey $d6nlwee uwterfale or et)ieileaeae. 2, SMN ON 4"64 fiwehwene ow goom6RR'e aMhaeley as 6" INA IN the ceotraet DocwwMf. SIaNANwrbrtihoaw),ofiSensNiw;b~iti~ofCONTRACrOR.eweeMrateorewrCONT1t/4CTOR'feYpteiMrndeM~ er earwNw tlee week, 4. Shag net iwwdo as or bew dkwj p eeelaelw is ~y u~ t of the ON" mo wh, mehal4vm NWeaea war, a+eewiw~w wwu wet k eMeWarl►a►~Nd ht k dee Crwthq , J1. !?rN 00,W40 M Mleew lfnealM it a tasMl► It►.aMbene aM MVVWM (w COMMCOM wkh the Wide I, Shwfi +wa Mwheefwe dMMfIR w eeerr~r MM w wheN w M rect. Ye Shw wN lwtidl+te M 1!M w MboeaNey teNi ~w+r+~~kM.,rAvwq.+~Nar.r..r..,n,esrwrN.r.w.rNrrw~a.,,M„ll,,.ry~M~wA.r~4~« •.p .f,r, anw d~ Y 1 N 1 F.Xt ISIT~ 11 M. of Ik'l1a1 ,111 1 1 C I I L S 11c. rw .r taMaUl II No iN0IN asI1 ~w av+rCO 006.L PA. M, a ar~ar r c Merch 141 1906 a eereuNa is wur IL wetvea r.e Mir. RO E. Melsons P.E. Director of Utilities City of Dorton Municipal Euildin Denton, Texas 76201 Re: Pro Pant for Water Treatment Plant tsprovepants Deer Mr. Nelson: We are pleased to submit this proposal for the preparation of plans and specifications for construction of improvements to the City of Canton's water treatment plant to increase the rated capacity from 16 mgd Brillion gallons per day) to 30 m9d. Based upon our discussions with Mr. David Ham and Mr. Jerry Roush, and recommendations presented in our 1984 Water Treatment Plant Expansion Stu $ we propose the following scope o wo : A. Preliminary Engineering Report Compile a preliminary engineering report in sufficifnt detail to identify the scope of the projeot and alternate solutions available to the City of Denton to include y preliminary layouts,` i r sketches and estimates of probable construction cost for the pro ect, and set forth the en ineer s recommendation 9 . s The report WIN include investigation and analysis of the existing systems preliminary design and layout of the proposed syste+NeThe report. will include the followings i. Evaluation of an additional third imtake line at the raw water intake structure to permit a wider variation in depths from which the rare water is taker:, as x1611 as increase Intake capacity This will be possible If the level of Lake Lewisv111e is raised as planned by the Corps of Engineers. 20 Perforce plexoetter readings on the existing two parallel raw water pipe lines {e 21=inch _ installed in 1951 and a 30-inch Installed in 1916) to dstermi,nd the'coofficient of roughness of the pipes. This value will be used to determine MaximuM capacity and datign"pressure of the existing facilities and also will allow in evaluation of the benefit of cleaning these l inel~ _AIL ~ i-.`~•r,L ~f/~`RR9,dh~^K{ F~ :r wN a r~ x.,1111 a, Fia !.M rd 1~,Y ti+lat., Er r ~r"f,~ a k c.i ~Y. Lett r' tO,R 16 Na1sohi POE* Mato 14, 1486 Page; 2 3. Evaluation of existing raw water flow meters with a single flow motor suitable for field calibration and certification of raw water purchases to the City of 0allaso 4. Investigate the use of an inlino 'static mixer to replace the rapid m Ygre 6. Evaluation of existing chemical food equipment and chemical storage facilities to most increased water production requirements. 6. Evaluation of modifications of the raw water channel to allow even proportioning of flow between the flocculators and to accommodate the higher hydraulic loadings 7. Analysis of renovation of the existing Mcculotors No. 174 to include conversion from wet chain drive units to dry drives and refurbishin of Flocculators Noe 5-8. Also included will be assessment o concrete deterioration in the basins and recommendations for repair and concrete protective coating systems. 9. Analysis of renovations to the existing sedimentation basins including evaluation and repplacement, if necessary, of the four (4) oldest Clarifier Mechanisms No. 1-4 and refurbishing Clarifiers No. 6.84 Assessment will also be side of concroto deterioration in all basins and recommendations for repair and concrete protective coating systems will be made.' 9. Conduct tracer studies through dye testing to determine the dispersion patterns of a dye tracer to evaluate the efficiency and performance of the sedimentation and flocculation basins. The degree of short-circuiting can be determined by the tracer technique and determination of the sUpolard, avers g9e~ and nominal detention Most for each basin i±i be evaluated and Ntommondations made for modifications and baffling to improve basin efficiency and performance retrofitting existing sedimentation basin with i~~pprovsd weir design, and evaluation and assessment of tube sottlor dsvices. 10. Recommendations for replacement of filter ,media with dual media and 'replacement of filter underdrain system, . as neeessaryo.`in the eight {8) oldest Filters" No. 1-34 Investigation will also consider conversion to air assisted backwuh systems lie Investigation of modifications of pipe gallery including hydraulic analysis of „connecting piping, rate of 'flow conttollors and vAMAg to accoaseodata the increased flow, °`~riuJ"4h. it °•~S~i l1~'w u9f.%f'•n •5~'. ]L[.~t ~ti'3.~. I~~; '5f . ar'~i' 'P ^'r".Y~''t i. wY i EY Sny Or. gY~: rN ~A7 r{f .y~~ try i Myfi,l 7 C. , M , litter t0 a. E. Nelscn,'P$E. March 19~ 1989 Page 3 Consideration will be given for conversion from existing hydraulic actz4ted valves to electric actuated valves* consideration will also be given to construction sequence to permit plant to remain in partial operation during pipe gallery modifications. 12. Assessment of turbidity monitoring equipment including reconwdations for monitoring and recording turbidit-_of the rr~ settled and finished deter to ant Texas'Uepartment of Neaith requirements and for ij► roved operating efficiency. 13. Assessm~ t of new chlorination facilities including separate outside facilities for storagi of chlorine cylinders, h`holing and WON facilities, new chlorinator building and new chlorinators, as necessary. 14. Assessment of electrical renovations necessary including' evaluation of existing switchgear and starters. The assessment will be pWormed in cooperation with the City of Denton's Electrical Department. 15. Assess and make recommendations for improvement to the existing instrumentation system, including improvements at the filter consoles to accommodate electric operators, control panel for turbidity recorders and annunciators or additional supervisory controls. 16. Evaluate the feasibility of providing for an on-site sludge holding lagoon to retain water plant sludge on site, 17. Recommendations for repair/replacement of existing sludge drawoff valves on all sedimentations basins. 18. Recommendations for replacement of control valves on Nigh Service Pumps No. 1, 4 and No. 3 with electric control valves. 19. Recommendations for a new storage and shop building to accommodate plant storage and inhouse repair work on miscellaneous equipment. 20. Assessment of renovation and remodeling of existing9 building including resealing all expansion joints, repair roof and wall leeks, rmmodsling of laboratory and office facilities. 21. Assessment of replacemient/repair of 30-inch butterfly valve on existing 1 million gallon storage tank. Q Y" R .p r Y': .,o 4 i $ r p J 11 1 S i•_ x R ri. Yt Z Y A P{ R, ' prd r let-tbr to Re E. Neel son, PE. li Mar.,c~ 14, i9g5 Page 4 22. Prepare estimate of probable construction cost of all recommended improvements. 23. Furnish City twenty-five (26) copies of the preliminary engineering report. Be Design Phase After receipt fro' m the City of Denton of acceptance of the Preliminary Engineering Report, indicating any, specific modifications of changes in scope desired by the Cityy and upon written authorization from the City, the Engineer wi1~ proceed with the performance of-services for the design phase as follows: I,, Prepare detailed plans and specifications including surveys, designs and layouts of improvements to be constructed and contract documents for the improvements. 2. Establish the scope of any soils and foundation Investigations o► special tests which may be necessary for the desigqn of the project, and with the City's approval. Arrange for such investigations and testing to a conducted for the City's account. 3. Subedit plans, specifications, and contract documents to the 'texas Department of Health for approval. 4. Prepare estimates of probable construction cost for the improvements. 5. Furnish the City twenty-five 05? sets of plans, specifics Mons and construction documents* As directed by the City, additional sets of plans, specifications and construction documents, as are necessary in the receiving of bids for construction and as are required in the execution of the project, 'shall be furnished by the Engineer and shall be paid for by the City. C. Construction Phase Upon completion of the design phase services, approval of final plans and specifications, and upon written authorization from the City, the Engineer will proceed with the performance and services in this phase as follows; Is Assist the City in securing bids, issuing notice to bidders `dnd notifying construction news, publications. Notice to bidders will be Whishad to the City'for publication in the local news media. v 4 k A S r 9 f F alo~ 4" d a d t ( a f 1 4 M f Yri,;?~• '+1 r♦~nP 'x dr' f ~T a~, e~C mw fem. r ~ tP t r=: hl06 to R; E ~ 1(e1 son.' P ~ E. March 14; 1985 Palo' g 2. Assist the City In the opening, tabulation and assessment of the bids recelved and furnish recommendations on the award of the contract(s) or the appropriate actions to be taken by the City. 3. Assist in the preparation of formal contract documents for construction contracts. 4. Assist in conducting pre-construction conference(s) with the contractorls), review construction schedules prepored by the contractor s) and prepare a proposed estimate of monthly cash requirements for. the project. 5. Make visits to the'site (as distinguished from the continuous services of a resident project representative) to observe the progress and the quality of work, and to attempt to determine in general if the work is proceeding in accordance with the contract documents. In performing these services the Engineer will endeavor to protect the City. against defects and deficiencies in the work of contractors; the Engineer will report any observed derects or deficiencies Immediately to the City= however, it is understood that the Engineer does not guarantee the contractors performance nor is he responsible for supervision of the contractors operation and employees. b. Consult and advise with the City during construction make recommendations to the City regarding the materials and workmanship, and prepare change orders for City';; approval. 1. Check and review samples, catalog data, schedules shop drav0Kgs, laboratory, shop and, mill test of material and equiws+ent and other data which the contractor is required to submit for performance with the design concepts of the project and compliance with the information given by the contract documents, and assemble written guarantees which are required by the contract documents. Assist the City in arranging for testing of materials and laboratory controls during construction to be conducted at the the City's expense. 9. Interpret intent of the plan. and specifications for the City and conteutor(s). 10. Review and comment on monthly and final estimates for payment to contractor(s). r a t @ttti r'kA & cyu~7es Ica fir,.. Sxy ay.. ~ ° ~S r. 1~. e } n@15 tih r7 r +.~i 1 .,11~ r 7 q . Lotterto Re _E, Nelson, f,£s .lhrth 14, 1985 Page 6 it, Conduct, in company with City's representative, a final inspection of the project, for compliance with the design concept of the project in compliance with the contract docuMentse and review and comment on the Certification of completion and recommendation for final Payment , to the contractor(s), 12. Prepare revisions of construction drawings with the assistance of the City' s project personnel and the cons tructlon contractor(s) reflecting changes in the pproject made during construction. These "record drawing9s" sha11 be provided by the Engineer to the City ` as one tot of reproducible and two (2) sets of prints. 0. Additional Services Additional services to be performed by the Engineer, if authorized by the City, which are not included in the above described basic services, are described as follows: 1.' Provide shop, mill, field or laboratory inspection of mate- rials and equipment. 2. Preparation of any required operation and maintenance manuals or conducting operator training or start up service. 3. Furnishing the services of a resident project representative to act as the 'City's onisite representative during the construction phase, if requred by the City, under terms and and conditions described in Section F of this agreement. to Compensation For and in consideration of services to be rendered P.y the Engineer, we would propose that compensation be on the 'oasis of salary cost times a multiplier of 262 plus other direct .e<penses times a multiplier of 1,00, with total fee not tai' exceed $271,55000 without written authorization. Salary Cost is defined as the cost of salaries of engineers, draftmen, stenographers, surveymen, clerks, laborers etce, for the ti" directly chargeable to the project plus social security contributions unemployment compensation Insurance, retirement benefits, medical and insurance benefits, bonuses sick leave, eecation and holiday pay applicable thereto. (Salary Cost is equal to 1.39 times salary payments. This factor is adjusted annually,) d t i '~.:1Y} r e •a * S e/ ~f i z i y R ,(W ? M < H r a ~ f t' y h r~ ~ x dd ~ r Y r ? if=' U ter'., to,Ra; E: Nilson, PaE. Mah' 11, 1985 NO` I Other direct expenses shall include printing and reproduction expense, communication expenses travel, transportation and subsistence away from Fort worth and other miscellaneous expense directly related to the work, including costs of laboratory analysis, tests$ and other work required to be done by independent persons or agents other than staff oembers. Compensation will be made on the bans of monthly statements rendered to and approved by the City; however, under no circukUnces shall any Monthly stetownt`far so exceed the value of work performed at the time a statement is rendered. The Consultant shall be entitled to a cumulatiVe amount not to exceed 85x of, the maximum fee upon " completion aild submission of the plaits, specifications; and constrdetloa documents to the Cito The remainlnq' 16>; bf'the miaximMae'fee shell be paid '"upon submission of monthly statements during the construction phase$ If construction bids are received and a contract is not awarded, payment to the Engfnaer shall not exceed 66% of the maximum flea If construction bids are not received, Payment to the Engineer shall not exceed 85% of the maximum feed neither case (as described Above), the Errginler will receive payment within six `b) months after the City has received the final plans and specifications and contract documents. It is specifically understood and agreed that the Engineer shall not oe authorized or required to undertake any work prsuant to this agreement which would require additional payments Yu the City of any charges expense, or reiambursemant above the maximum fee as stated without having first obtained written authorization from the City. F. Resident Project Reorejantati_ve If the City elect$ to have the Engineer furnish the services of a resident project representative 'to act as the City's on-site representative during the construction phase, the Engineer will furnish these services at a salary cost times a multiplier of 2.0, direct non-labor expenses shalt be reimbursed at actual cost times a multiplier of 10006 If a resident project representative is required by the City the serrriees Qrovided by the En fne4r shall be as described in the attachment, Duties, Responsibilities and Limitations of Authority of Resident Project Representative", at the City's written request and authorization. 0. Time of Completion The Engineers shall submit the preliminary engineering report within three (3) months and shall submit plane and specifications and ; contract documents within nine 19) months following authorization to'proeeed r t t S. .1 N . '}P ° r'S Sy N 1r•r } " :r,'1 'li , . 71 q .R I,y y ~ ~ .k ry .•t IOttMf•to,R0: Nelson, P E. March 14, 1986 P19~l' 8 we are please to have the opportunity of submitting this proposal. If you should require any additional) information, please advise. Respectfully submitted,, FREESE AND NICHOLS T$NC. Robert L, Nichols, P.E. Executive Vice President RLNtjd p CITY OF 'OENTON PROPOSAL FOR WATER TREATMENT PLANT IMPROVEMENTS ESTIMATE OF PROBABLE CONSTRUCTION COST Freese and Nichols9 Inc. offers the follow,ng estimate of probable construction costs for budgeting Wposes. It should be recognized that this estimate is based on preliminary evaluations prior to preparation of detailed construction drawings and final quantity determinations; theretores its accuracy is subject to judgment and assn tions 'which cannot be guaranteed. The actual cost of any individdai item can be expected to vary above or below this Indicated cost depending on the actual Complexity of that Item* it" Description Estimate Cost 1. Raw rater intake structure S 1751000400 2. Cleaning raw water line 3. New raw water meter system 75,000.00 4. In-line Mixer, vault, water assisted chemical injection, connecting piping 751000600 5. Raw water channel renovation, splatter 1500000,00 structure, proportioning conveyance facilities, raising will structuress as necessary 6. Renovations of flocculators 2509000000 70 Renovation of sedimentation basin 278,000600 8. Installation of serpentine weirs 859000.00 g. Replace filter media and underdrain systems as necessary (Filters 1-8) 2370000.00 104 Modification of pipe gallery 5600000000 11. Turbidity monitoring 109000.00 124 Construction of new chlorination 225,000000 facilities 13. Electrical renovations 2500000.00 146 Instrumentation 1601000,00 l N ).1 t w ~'t 5 in A~ f e !c; a i `.T, C 4v ~1 k "h 1 f~ t~C~ • y, iY yj i x X 3 S'; r5 ~4...y: -.i r~ "1 P 8`~nM1• aPCa , i.,,i,_ +f•A °4 "C7 y.. 1 A " 16. Painting, lab e4ulpment, repair of 510000600 miscellaneous building items including expansion ,ioint repair 16 Sludge dewatering facilities Re lace sludge draw-off valves (8 valves) at sedimentation basins 150000400 184 Replaa high service pump control valves`on No. 1,`4 and 3 290600400 190 New storage and shop building 135,000:00 204 Renovations and remodeling to existing building 40600040 216 Replace or repair 36' BFY on existing 1 Mil clear wilt 126000,00 Subtotal Cost $207891500,00 Administrative a Contingencift 0 10% 278,950000 Subtotal Estimated Construction Cost 530068,46040 Engineering 211,650400 tnspection (15 months) 135,000000 Material Testing 10,000000 TOTAL ESTIMATED PNWECT COST J ,485,000,00 *Cost cannot be deteroinad until after "C" factor testing, "Cost not included pending ca t-effective analysis. y~ TM. w , ! i .r ♦ Y~ P M 'ITS SeltTy " Y ly . t.j~r 1 1 Fti :~PS , { . } t x, n 4 '4 A'. : 3 4 ( :kM n, ATTAC ENT-A Duties, Responsibilities and Limitations of Authority of Resident Pr''oject Representative. A. Co seral, Resident ►ro~!Kt Repro stntative is ENGIj18Ep, s Agent, will act a directed by and under the supewlsbn of ENGI~ NEER, and wail confer with ENOlNEER ro=ardink his actions. Mstdent I'rolec4 Representulve's dealings in mstten dealings with penaWtq b the oa site Work shell in general be onlyy with' ENOINBER and CONTRACTOR. and subeoatraetore shall oar be through or with the full knowledge of CONTRACTOR. Wride t communicetion~ with OwNBR will be Only through or u directed by aNGINEER. B. Deals she ReapeetiilNMlet. Resident FroJeet Ropraantatlve will: . 1. ScMlwko: Review, the progress schedule, schedule of Shop Drawing submissions and schedule of value's prepared by CONTRACTOR and consult with ENGINEER concerning their acceptability, 1. Cokfereneer: Attend precoostsw0m conferences. Arrange a schedule of progress meetings and other Job conferences as required la coe t olusiloo with ENGINEER and notify those expected to attend In advance, Attend meetings, and maltulle gad circulate eopisa of minutes thereof. Lfelion: a. Serve as ENGWEER's liaison with CONTRACTOR, working principally through CONTRACTOR's superinten- deat and assist him in understanding the intent of the Contract Documents. Assist ENGINEER in serving as OWNER's IM" with CONTRACTOR when CONTRACTOR's operations Weel OWNER's on•sks operations. b. As fequaeted by KNOI1428C assist its obtaining frdm OWNER edditkmW dotsils or Infommlon, when required at the job site tot proper execution of the Work. 4. Shop Drawings and Samples: a. Receive and record date of receipt of Shop Drawings and samples receive samples which are furnished at the site by CONTRACTOR, and notify ENGINEER of their availability rot examination, b. Advise ENGINEER and CONTRACTOR or its superintendent Immediately of the commencement of any Work requiring it Shop Drawing or sample submission if the submission has not been approved by ENGINEER. J. Re4w of Work, Rojerriun of Orlerrive Wi#*, lnrperrkMa and Mrs., a. Conduct on-slit observations *(the Work In progress to assist ENGINE ER In detetmining if the Work is proceeding to accordance with the Contract Documents and that completed Work will conform to the Contract Documents. b. Report to ENGINEER whenever he believes that any Work Is unsatlsfectory, faulty or detective or does rM conform Io the Contract Documents, or does not meet the requiremenls ofeny iltspectlons, tests or approvat required to be made of has been damaged prior to final payment; and advise ENGINEER when he believes Work should be corrected or rejected of should be uncovered rot observation, or requires special telling, inspection or approval. c. Verify that tests, equlpment and systems startups and operating and maintenance lnstructions are conducted at required by the Contract Documenis and In presence of the required personnel. and that CONTRACTOR maintaimi adequate fiords thereof: observe, record and report to ENGINE ER appropriate details relative to the test ptoceJures d. Accompany visiting Inspectors repns«hling public or other agencies having Jurisdiction over the ProJeet. recnid the butcome of these inspectlons and report to ENGINEER, e IM by NNional Soewty of hdesstooil Enjimen. 20:4 K !lt.. N.W., Washoron, D C.:t M J n e-_ q . S ' r y a s. wP ti,' W Yes ' ~ ew h.w y w'~S9 y y 1 . V 6. Inhnyrr+rhrlat o1corMrke Dormant : transmit to CONTRACTOR ENGINEER's cier+lkatim sow interpn ations of the Coatract DocOsnsts. 1. Afollfkufoar: Cossider mW evaluate CONTRACTOR's supations for modifications in Drawing or Specificstions am report them wkh tecomestndations to ENGINEER. S. Jffe" . MaiMais at tha job $IN orderly filet br ~orreepoedestee, reports of Job cot&O"oes. A" Drrwiap and wangle$ reproiraions of original Coomd Documents including all addesdas e~, field oaieri. sddi' tieW D"wisp ~ hausd wbsequ st to the executiss of the Cowed, 8N81N1ILR 1 c sad iste+ tetatioss of the Co~ Documents. pope reports, acrd other prohd mated docwmab, b. Keep a diary or log book, recording hour on the job, Site, WMW eoWitiM, data Masi" to "Mions 0(4 x1m 'or deductions. IM of vkki% o&Ah ad npresentativts'of maraullaaurers, Molesters, soppUM tied distributors. delly activides, decisiora, obrwasions Is p4M sad specifk obswr adoss In mOr► &tait is In the case of observing test pnoeeduou. Sad oopies to ENGINEER. C. Retard avast, iddmoses ad teNpbw numbers of all CONTRACTORS, sobcootrseton ad nwor supplieri of M- 1 1- rat 8ptissnt. p. Rperr~: a. Finish IINGINEIIR perbdio reppaoir~s a aired of propels ofthe Work and CONTRACTOR's oosapilace wkh tht Approved propieu achedulr and xheduk of Shop Draw1mg submissions. b. Con* wish BNOINEER is advance of scheduled malof tats. Inspoetioas or start of Important phases of the week. c. Report immediately to ENGINEER upon the occurrence of any accident. 10. Peyrraeru RegWsiriau: Review applicatioss for payment with CONTRACTOR in comviiasp witM the esublished procedure IN their submissios and forward them with rcomoss datiom to ENOINfI R, nodag pw!icutwfy their relatios to the sabeduN of velum, Work completed and materials and equipmoso ddlvered at the site but not tncot. poratN Is the Work. It. Cott aret, McMrenesce end Optmddw Memush. Dusin the eouru of tN Work. vtrWV that sodium. maistenanee ad opwation masualr mil otbef dun rogdnd tabs astembad and Awnisbed by CO T1IACfOR stn applicableto the hosts actually Installed. nerd deliver this material to ENGINEER for his review and forwudiag to OWNER prhr to had noose" of the Walk. 12. Compkrlos: a. Mien fINOINBER issm a CorniAate of Substantial Completion. Submit to,CONTRACTOR a list of observed hems m4wring'eoatpled" or correction. b. Conduct IMal lgspectiod In the company of ENOINELR, OWNER and CONTRACTOR and prepare it Anal list of Items to be oomplM of eorrec td. c. yedfy that a items on Anal list Mve been completed or corrected and make recommendations to ENGMEER coscera scomptatke. C. 1Lts b0im of Autberlty. Except upon written instructions of ENGINEER, Resident project Representative: 1. SMI not authorise ay deviation from the Contract Documostt or approve any substitute materials or equipmtnt. 2. Shall cot exceed UMMatbas on ENGINEER's aaihority as set forth in the Coarser Documents. 1. StWIMundomkM AyofthemponsibilitwiofCONTRACTOR. subcontraetonorCONTRACTOR'rtuperintendent. or expedite the Work. 4. Shall not advise on or issue directions relative to any mism of the meas. methods, techniques, sequences Of pexedurm of construction unless such is tpoeiAeally alkd for in the Contract Documents. S. Shall am advise on or issue directions it to uftty precautions and programs to connection with the Work. 6. Shall not atboflu OWNER to occupy the project In whole or In pert. P. Shall iiet patticipte Is specialtud AM or labdratofy tests. . Projected Minf oum, Most Prebsbis in, "Woul Motor RequlremMts for the City of Denton under Moreal Conditions Annual flpectstion from 1910 through 2000 Minimum Most Probable' Me~Iso&: .~...r........... 0... 00.0..... r.wr 0000, r..... rr We 0.0.009.{ mrr', • rwr rw rO. 0.000•..000000.000.0*r.. J/h ;Use' Average Use Average Use Avorate 1: 'Peek • 0.1 ..rrr..rrwrw r..rrrrr.rm.rr Peak r ..,r rllpeak year Population rgpcd MOD Moo Population 4Pcd M/1 060 Population 11cd Msl . Ms6 ~r 1• J r •0000 t'•,».rr• 00or00r1r 000.0, mass* ,1004.' Ii,i f ~ .0.00 400.0.00.0 .00000 .room Memo. 0000rrr000 memo ~ 1980 490327 110 942 11,9 49,321 ts1 ti0189~.' 49,321 1119.2 i1.9? 1911 44,400 133 6,5 13,4 490400 132 665 41 44,400' 132 6.11 16.4 1992 511010 142 1.4 140 51,110 142 7.4 14.7 514110 1427, .4 ' 14.1 14113 54,464 164 1,t 17,4 14,464 164 1,9 "17:4, $4,464 164 4.9>; 1144 r 61,0'30 160 4117 2004 511050 lie ' 967 51,050 161 ' 9;7 20.4 ` It15 60,453 161 10,2 21+2 61,000 161 1063• ov 6ili00 164 `70,4 21,6 b N 1906 62,353 168 1005 21.7 640100 10 1061 2264 65,100 fit , li,i '.j 23,0 Its? 63,753 160 1061 22,2 66,700 164 11.3 700100 170,',;11.901, 24.6 1911 650153 161 lost 22,7 64,400 169 V-fie 224. f~: ' 140700 1101 .;12.7 :`t 26.3 1919 660651 160 11,2 23.1 12,200 110 112.3''!x' 25.1 `14, 600. ; . f 11.' ).13. i !!211, 112 1990 , 61,100 160 11,4 23.6 11,500 1'10;''r'`f3, Iljl r.1.; l 1t;.7^f•~ 2 2162~11f•, .~f00 172 ' 11.9'1731.0 1491 69,075 160 Iles 24.3 80j600 r Ire 13.7 R+71.3, t , ' 90,900 171 7s'f11r~ i; p94?~ 71,610 160 12sf 2560. 13,000. 110 '1461 95,300 .•171>`'~ t6,2",~.~33,9 : i~:;r',• 1993 736425 169 12,4 2S, 1, 15,500 110 14.6' 61 'e, 440900 1172 ~i'1161 X35,5 r 1994 15,200 161 12.7 26.2 s0,100` 170, ' 1S,043161 4144,700'r,',, X1721 1/.077,2'. 1495 71,915 161 1360 26A 90,700 111,'- 1' R3?.0=:l1101,>'00~~ `•'1126,:f 1.4';}34,1 . .1"6Z p 1946 109150 166 1363 27.'5 431400 171 15,4SSS§ ~ ; fISjod0 ' `112 1y:1441,0 1941 00,S25 164 134 29.1 969300 171 16.4 `ti` 34,0 120,500 1172. 70.1 ,•4300. 1441 129300 164 13,4 20.7 44,100 171 It q 11°35.1 ` 1260200 173.:'.21.1' .46,1 1194 04,015 lit 1402 2443 107,100 171 1165 '•'36:21 132,200 173•2261 41,11, 2000 150900 170 11466 M2 1056200 116 '11.4 "SloO., , 131,400 i11fr'24.6 ; 11,0 • i I If 1'.•S 14 1 ~/i`J.~ rl 7 r 11 Jtli,~ r r i,5~9/ I•\r'1#• • ...1 ` n • r 1 1;11 LIi tii r1r•~~~ / , 117!!"• • 'I r. ~ • •1.1'1.' 1 1r y1 +11' r3 6jif/, A ,1 'r. 1'' .s~ s,4 i}~1y',-K t~i~•~i r, .l~s .,~~1+ J`11 r 1,1i,r 1 ,i. 1 ~fI . 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' b1, • ` f • ~I. 1 P, .f Plant' ,Ch~ 'nb iYt ~e• ~el •?'~rr~i; .ri,•( r~~l:. ~I Yp »r` ' t ( t 1 01 1 t , • , • ` 11 .,1 1~ J ' `1 t I n '1"' • 1a~~~~jj~,tlb~ j Ir, f. 1 80 , r , \',f~~i} J 1 r r \r i n•r+~. y~•,~ . 1 t 'i1~~y 7~.(~ ■ N , r. Y , •i,~ . ~ti •Z •1, /iL 1. ! yi{ 4r~ r. 1 ..-111 ' =~ISK_j~ p L 1: r 5t.1R[RR 1. L '(,:fi '{ILA\yrl ~ Z" ♦ }~j f~F .~11`I r . 'f Iy Y~. ' ~ ' r ._/if~~l~, S• r/•}Ir 1, "I~Tl ~J +f rA~/~,;9~~[l1~ • . r rf.I. 1 ~,1 i i4YYVY~ I.i { Yy~~J' 1 it(Ya ~.j/,!. r~IRYV iTP~ n} r ~L ~1 1~ r:'! rl • y Ia 11 . f , 1'/l ~ rtr 31~~ 1 50- • ~'','1, If }~1•r1r Tj ~j ~'r r ti. I•'~/ `'~,~;!'ISI I,r'r ~r f~(t ~ 4•t y•\ y/{/,/1. • ~ I 1 1 ~ !nf~ i 1/ ,A rl .4"0 1 . r It ♦ SI ~f~, ;1 . 1 1 S ~,Y 1 I ! ! IS'r t' ~ 4iS~,~•/1,7I',~ ~ .Y J I / 1 M . I • • • r 1 1 M ~1 r ' ir, ~ i 7/ ' M.fl• ~ J'~ y~r 14 • MOM ~5., 1 r ' 1 , 1„ , S., t' ♦J. It! I1.1~ 1 • 1~ (M+• 40 J-` ri ~r; 1 fC r alp " ~J; air,Yl ~ • ' { / r. / i j 1 • T, ~ } ' li i\ Y . M t l t'~ 'ea~•tF~ t, . 1; "~Capaclt , f•♦~ `~\Ijl i a ~I, , {la 13. r.~~lajl Ssl y1~ r;Rj ✓NQ 1 1'. ttr •w 1' ~/l •f 1. A. 1 r•' (Iy,YI ! f ?r ~Jy.'' J•~, Min I ' ijf ~4lagy'y ~`?•1~" ~•i~ r L ! •I. 1.! Il,e 20. ll ' 1 r i`p t S •1 Plant •1><•I~i. i1t~ /y !i'l~IY., ;'11/i~°f''~; 1,I,t ,i•~~,f r1a~'(j{ ,{l, j.!r .rrl • + r , cot 11..11 1.1 A go r i j'~f ' 11~ ~1 • : ~''i •i{1-Ii't Q:1~ ~1 I~1, r • ~ a +`,'t{ / r / a ' ! •rl (1 i~r 1• r-M 111. Y It 'L 'M .`i„• I a y~ { aq~ ' 10- to 1 r k LTAi~4"~t j1't! 1 R i , ' t :j 1 X1.11' i;1~'r R' t<+r; ~2~4~ t t' : l~rc j y • T r. ~ '•i i I ! • . fj';;~,1 / ,Jfjtf'4 , ' ~'y M(~ 1 1 . r'r 5,. 1 ' , i'i1 + Ah~ , ~~r/ p'~ =.L, ."/fT",: I,~~,4~L{I il~ ~i 4'Z, {II,~ ti r S ' ' • r "1•,71 f~ R' 1 ( '1 '1980 1 adlS to;9~~;•;' ,~~.~1+/,,.'Yi~~1~~~`;/ .♦'10 Pro WIN ' r" 1, v r 1 i . y1{~ t•1•.~a b .,r ~'~h S111i JI0% ' . ~ r, a I 1 lit r ~ . ~ •i ~ ~ Z ~ , y ,3 7 M1;: .n 5+; 2" 7 ~ C .r +n ,nC~ ~,.~~~r,r' ,r Exhibit Iv CITY of DENTON PROPOSAL FOR WATER TREATMENT PLANT INPROVEMENTS ESTIMATE OF PROBABLE CONSTRUCTION COST Freese 4 Nichols, Inc., offers the following estimate of probable construction costs for budgeting purposas. It>`should be recognized that this estimate is based on pr eli'inary evaluations prior to ppreparation of detailed -construction rawin's' and 'final quantity determinations, therefore, its accuracy °is subject to judgment and arsumptions which cannot be guaranteed.,, The`'actual cost of any individual item can be expected to vary abtwe or below'the indicated cost depending on the actual complexity of t«at item', Item Description Estimated Cost 1. Raw water intake structure WS0000 21 Cleaning raw water line 31 New raw water meter system $7S,000 4. In-line mixer, vault, water assisted chemical injection, connecting piping X751000 S, Raw water channel renovation, splitter structure, proportioning conveyance facilities, raising wall structures, as necessary $1501000 60 Renovations of flocculators $2501000 7. Renovation of sedimentation basin $275,000 a. Installation of serpentine weirs $8S,000 96 Replace filter media and underdrain systems, as necessary (filters•l•8) $2,37,000 101 Modification of pipe gallery $5501000 11. Construction of new chlorination facilities $2251000 126 Electrical renovations $250,000 13, Instrumentation $150,004 14,- Sludge dewatering facilities AA 3718Ue1+5'ci`1,o0d 5 I h b it=~ r~ eb;e,! r 6~• na x. i,,' 4.. S ,,o `fry " . 9 15. Replace sludge draw-off valves (8 valves) at sedimentation basins 6159000 16. Replace higgh service ppuump control valves on i1,4 and 3 8291500 17. New storage $ shop building 8135,000 184 Renovations 8 remodeling to existing building $910000 i Painting, lab equiprnaentrepair of miscellaneous building Items including expansion joint repair I 19. Replace or repair 36" SFV on existing 1 Ma clear well 12 000 Sub-total cost $2070 ,500 Administrative 6 Contingencies 1 101 2yg g30 Subtotal Estimated Construction Cost $30068,4SO Engineering 271,550 I,ispection (is months) 135,000 Material Testing 4_199000 TOTAL ESTIMATED PROJECT COST 53,485,i~00 A Cost cannot be determined until after "C" AA Cost not included pending cost-effective analysis testing I I i I 3718Us2 MINUTES PUBLIC UTILITIES BOARD MEETING June 19, 1985 Members Present, Roland Laney, Chairman Leonard Herring, Edward Coomes, John 'rhompson, Nancy Boyd R, E. Nelson Staff: Tullos, Ham, Cryan, Owens-Holmes Others: Sill Ciaybourno PAZ Commissions; Greg Edwards- Engineer; David Ellison, Cecil Parsons, City of Denton Bob Hageman, Pita Harthall; Debra Drayovitch, City Attorney; Pred Donaldson, Vista Mfg.; Residents- Mr, and Mrs, Amos, Mr. and Mrs. Carl Johnson, Randy Morris, Nancy Millichamp Absent: Chris Hartung, City Manager 1. CONSIDER MINUTES OF PUBLIC UTILITIES_ BOARD _MEETING_ OF MLY Motion made by Coomes to approve the Minutes as written. Second by Herring. Motion carried. 2, CONSIDER ENG1N)3ERING CONTRACT WITH FRE08 _ NICHOLS9IyC. t FLTXrAA7`8R"pLAI~TIJKDI?'TFHs T,.IP BSS Nelson briefed the Board on this item, The Utility staff recommends approval of the proposed engineering contract with Freese & Nichols for upgrading the existing grater treatment Plant from a rated 24 MGD plant to a 30 MGD plant, It is anticipatea that this upgraded plant would carry the City of Denton water requirements to early 1992 at which time a new water plant must be on line. Motion made by Coomes to employ Freese b Nichols for water plant upgrade, Second by Boyd. Motion carried, CONSIDER _O NT ACT FOR WASTEWATER SERVICES FOR 14AROLD 3' 7UR1 ~r: q' ~{~"MM.M.- ~`~K`'rt t'i'it7C1~' A1"t`8it'~7CC -rrri r.rrr Yrr-I r...rr rrr-r rr Nelson briefed the Board on recommendation of approval of the contract for wastewater services for bO acres of land ownod by Harold Holigan. 77777 s r r,. 1429 DATE: July 10, 1985 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: Appropriation Ordinance SUMMARY: Approval of additional resources to Flow Memorial Hospital and Handi-Hop, BACKGROUND: This ordinance provides the appropriations necessary to provide additional resources to Flow Hospital and the Handi-Hop Programs. FISCAL IMPACT: This ordinance will require taking $207j500 from the fund balance of the General Fund. Respectfully submitted: 44 & z4tio ~"Chr s ar ung City Manager Prepared by: rane A rector of Finance Approved: o n c rane Director of Finance 1 17 NO. AN ORDINANCE AMENDING THE 1984.85 BUDGET OF THE CITY OF DENTON TEXAS BY APPROPRIATING THE SUM OF TVO HUNDRED SEVEN THOUSAND ANd FIVE HUNDRED DOLLARS ($207,500) FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND TO ACCOUNT FUNDS 105.004-02OM-8938 AND 100.005.015N•8966 AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTONs TEXAS HEREQY ORDIA,WSs SECTION I. j The 1984-85 Budget of the City of Don on, Texas is hereby i amended by appropriating the sum of $1010500.00 from the unappropriated balance of she General Fund to the following fund accounts 1 FUND ACCOUNNUMBER AMOUNT ►k Flow Memorial Hospital (100-004-o20H-8938 $2000000.00 I Handi-Hop (100.005.O15H•S968 71500.00 TOTAL $2073500.00 M SECTION It. That the City Secretary is directed to attach a copy of this ordinance to the original budget and cause this amendment to be published once in the Denton Record-Chronicle. SECTION III_._ That this ordinance shall become effective from and after its ! date of passage, and it is so ordained. PASSED AND APPROVED this the day of , 1985. t i r CITY OY DENTON, TEXAS ATTEST: CWLOTTE ALLEN, CITY SECKETART CITY OF DENTON$ TEXAS APPROVED AS TO LEGAL FORMS DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY s.i~~l?/l %X /S1~tQl -777771 * wr. DATE7-9-85• CITY COUNCIL REPORT FORMAT TO: Mayor and !lembers of the City Council FROM., G. Claris Hartunt, City Manager SUBJECT: Rental Rehabilitation Program Application RECO14MENDATION: Planning Department Recommends Approval SUMMARY: The Planning Department through the Community Development Block Grant office, requests this approval to submit this application to the Texas Rental Rehabilitation program in order to receive federal funding for the administration of this BACKGROUND: city's Rental Rehabilitation Program. Program application was requested and accepted for 1984,and this program is being administered in the . Denton target area. PROGRAMS, DEPAR'i'IENTS OR GROUPS AFFECTED$ The Community Development Block Grant office will administer the program, Building Inspection Office will be involved in inspection of rehabilitated units. FISCAL IMPACT. The Community Developme=nt Block Grant office will be used to administer the federal grant funding. Respeut'u y si ue ed. MIS 'Hartung City Manager Pre>pared by: 0'Snistrative Tinsley Intern APprovedt .W.~ e et tk for of Planning & Community Development j 7 y J .r. ' 1 i y' 9t4i R E S O L U T.10 N WHEREAS, it is necessary for the Council of the City of Denton to authorise the submission of on application to the Texas Rental Rehabilitation Program Fund for federal fundsl and WHEREAS, the City of Denton is eligible to receive such funds and desires to apply for federal funds administered by the Texas Rental Rehabilitation Program Fund; and WHEREAS, the City of Denton, as an entitlement City, has prepared a program fov utilis04 its :share of the fund for rehabilitation of privately owned rental property to be used 1rimarily for residential rental purposes in the amount of 100,000, and WHEREAS the Cityy of Denton desires these funds to support the rehabilitation of privately owned rental property; NOW, THEREYORE, BE IT RESCLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION 1. That the City Council of the City of Denton, Texas authorises the City Manager to sign and submit to the Texas Rental Rehabilitation Fro ran Fund a grant application and op ropriato assurances for entitlement funds under the Housing and Community Development Act of 1914, as mended. SECTION ti. That the City Council of the City of Denton, Texas authorizes the City Manager to handle all fiscal and administrative matters rotated to the application and the assurances required tbarefore. SECTION Itt. That the City Secretary is hereby authorized to forward a certified copy of this Resolution to the Department of Housing and Urban Development. PASSED AND APPROVED this the day of , 1995. I RICHARD 0. 5TEWARTj MAYOR' CITY Of DENTON, TEXAS ATTEST: I i CITY OF DENTON, TEXAS i APPROVED AS TO LECAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY Of DENTON, TEXAS BYi SiL% ED C/TYofDENTON,TEXAS MUNICIPAL BUILDING DENTON, TEXAS 16101 / TELEPHONE(81)1566.8200 MEMORANDUM DATEi July 10, 1985 TOt G. Chris Hartung, City Manager FROM: Jeff Meyer, Director of Planning 6 Community Dev. SUBJs Rental Rehabilitation Program 1985 The Community Development Block Grant office is applying for federal funding through the Texas Rental Rehabilitation Program. If granted these funds would amount to $100,000.00 for the purpose of City wide distribution through the Rental Property oSmer in the form of Rental Property Repair, These federal funds are to be administered through the Com- munity Development Block Grant office with the cooperation of the Denton Housing Authority. For each unit to receive funds the owner of that unit must match the dollar sum up to $5,000.00 per unit. These units are to be occupied by low income families. Above is a brief description of the Rental Rehabilitation Program. If you have any questions concerning t1As program please contact myself or the staff at the Community Develop- ment Block Grant Office at 566-84804 Je r JMlpj 4 r~ ~ % venton Pabllc z1brary 502 OAKLAND DENTON, TW67E201 ~r MENORANDU.8 JOELLA OAR, DIAECTOP TOi BETTY 14MAN, ASSISTANT CITY HANAOER FRONs JOBLLA OAR, LIBRARY DIRECTOR SUBJs COUNTY FUNDINO FOR LIBRARIES DATES June 28, 1985 This morning I -el.ed the attached letters from Judge Cole and Barbara Bowman confirming the County's verbal commitment to library funding. The I-.brary Board met la!,c, night and voted to reoommen4 that the City Council accept the proposed Leul II funding. This would be $88,308 for the Denton Library. I plan to :quest that this item appear on the July 1b agenda for the Council. If yov have any further questions, please don't hesitate to call, C ecae,v G_ Joel Orr, Library Director ci 05C;2H attachments ~'R d e5 r,Y. . *~iJ .f 1,. ' !'V Cyw l iv° #s.,. re.\!Lj' l Zi43L RESOLUTION WHEREAS, on the 25th day of June, 1985, the Commissioners Court of the City of Denton, Texas, voted to appropriate the sum of $88,308.00 as Level 2 funding to fund library services provided by the Fatly Fowler Public Library; and WHEREAS the City Council of the City of Denton, Texas, is desirous of accepting, on behalf of the Emily Fowler Public Library, this funding and recognises the County's interest in enhancing the quality of life of the residents of Denton County; NOw, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION 1. The City Council of the City of Denton, Texas hereby acknoxledggas its intention to participate in the Level 2 fundingg of the Eddy Fowler Public Library from the County for the 1985.89 fiscal year . PASSED AND APPROVED this the day of , 1985. RICHARD U. SMART, MAYOR- CITY OF DENTON, TEXAS ATTEST: C1WUMTZ ALLEN CITY SECKETART CITY OF OENTON,,TEXAS APPROVED AS TO LEM FORM: DEBRA ADAHI DRAYOYITCH, CITY ATTORNEY CITY OF DENTON, TEXAS by: ..L~~ZIdr~E'rl y;eZ~' ~ hJ 3 ! s n o-x r .n "e, . w ~ ,r. W .777 14.85 4 RUTH TANSkY LEE WALKER , PRECtAIG~T 1 P"ISW 3 11 7", (817) 365,2210 1RT (417)18 ula SANDY WON O. E. SWITZER MEOWT 2 Pf NC1 (211) 4*3721 (917) 1423113 BUDDY COLE,JUDGE 14ztH Roca ~ JOUM A CAAMU COURTS KMbM 101 M U M CMORY • DWON, UM MM1 , 0111 **I$ - 4t116lm I i" ItEiNO IJGtiH '1985 June 910 116., Joe.Cta Ohn, Ubkany DUrectoh 7enton Pubtle Ubkaky 502 Oakt"d Denton, rX 169o1 Peak Ale. Oknl The Co+7 iaeionedd Comt hae akklved at a concendue to 6und tlbw eexvicu to Denton County keetde,"e at Levet 2 bum Ung 44 pkeaented in the attached pkopoeat. The Lewtov' Ette Aabtle LUbkaky had ehoun not to paktletpate in thte 6undLng 604mtct4 and has auy Bated that ,them poktion be divided among the othek tlbkante6. Toe concenm o? the Commleetoneh6 Count at thi6 time id to bpttt the 'tecoldvOlt, Pubtic UWAy poktton 1$46,0811 equaUy among the nine t&4lntnq Vbwti a The Commie6loneke Count kequutd a keeo"on of a tettek 6kom youk 0. y' M ac owted In it6 fntent<o to a Qundtn 16 you have any quea.tlond pte-ae gee. 6nee to contact Me At 565.8635 ok Von" Stewakt at $65-46280 Cokdtatty youhe, Smbau Boman Aide to Commld6toneke Count Attachment ca/Lew(dvitte Pubttee Ltbwy r,{ayok Am, s'omykat, tewleuitle ~H4 , ,OentallCCt,til~IdNagUt~ A4tke E4, Cakkotttan City Ilayagek Janice Camott, City 1lanagut 66 The Cotony Nayok tor. Wet, Kkumi 4ol Sht~ey Spatonbengy Cokkt A nth R E C E I V E D Alayok Ronnde Home, We batta6 Map% Otlve Sttphend Shady'Shokea JUN 2 8 Tom 6~Ctt~tld, pltot P644 City 14tn41gfA 1965 ' Uoyd Ntndekdon, Sang#A C"Il y N Mack m4yok "ta6t6" Tidwett, Roanoke CITY OF DENTON 19ayok Andy 8ubA-#y, Ftowek Alound DEN70N PUBLIC LIBRARY t1$,OS/~.1b . , x N' lri Sys P W a• y xc,.~ x yk *jnFk: a" f+~'{`,k xcl »j ~t f +~r.; xaa 11 v~ e a °.~'i~r 77' t'' S` µ•i~ k ~,'aa~9 i COUNTY COUNT OR DENTON COUNTY D12 l010MH A. PANNOLL COURT! BUILDING 401 W, H1C46MY . O[NTON. 14XAS 10101 9 M?) 604S-0140 @'MLTRO 410-1701 - June 27,. 1085 Me. Joella Crr Library Director 502 Oakland Denton) TX 76201 Dear Ms• Orr: Thank you for your let ur, expressing your interest and support for County funding of libraries in our county. This week Commillsiollers Court inserted into our preliminary budget the "Level 2" formula as developed by a library study grout'. This is $1.00 per capita in each library service delivery area - plus sip to $10,000.00 for each library in county matching funds, if the library can raise up to $10;000.00 from its own sources (City In-Kind Service, donations, etc.) This represents a COUNTY expenditure of $225,600.00 in per capita funding, plus a possible $93,000.00 more in matching funds, or a potential County expenditure of $318,600.00. This is not final from the standpoint that our budget is not final, but represents the courts intention at this time. Thank you again for your sincere interest in this area of maintaining our excellent way of life, soundness and strength for all the citizens of our great county. XrWAV BUDDY COLS County Judge Be8ja RECEIVED JUN 2 81985 CIYY OF DENTON. pENS6N PUBJ0 UtiRAR'f 3'' s . ACTION REQUEST F6M -k'o: Legal Department bate: tr om : lea ~QQ ' Depr Request'reviewed end approved by Dept. Dir.: 4 S gnatu e 1. Information and Instructions: o All requests will be processed in the order received unless priority is approved by the City _Manager's Office. Priority Approval--By: o If the request requires a real property description, attach a correct TYPEWRITTEN description as a marked exhibit (Ex.: Exhibit "A") and if prepared on word processor include the document'identification number. o If the request is for an amendment, repeal or concerns a provision of the Code of Ordinances, cite the applicable section(s) of the Coded o if the request is for review, interpretation of, or amendment to a contract, lease or othe-&• document(s), attach hereto. 2. State Action Requested and include or Attach All Necessary Information: lie l nr /r DM 77]C Cdunr~l1 jh S n,vinf' Dt 0U,r) .nine Fy_19g5-g~ n-PAMed ~ VL fe A - - ~z en ('~,,,~~f Qaenda. duly /6, /E saaarraaarraerar rraanrrrrr raaaraaraa rarr saaaaa anasanwa racer woman ware now anaarar For Legal Department Use Only Date Received: _ Assigned To: Debra - Joe - Bob Due Date: Assignment Date: Out Date: Request cannot be processed because: f Reviewed by: Date: REQUEST 400 PAGES e r R is sV. w' ! t ) h "-o i . y C l.ty y c h J a rt s a, t d" s+ I 1 G S f PROPOSAL FOR`FUNOINa OF LIBRARY SRRVICES TO ORMTON_COUNTY R,SIDENTB FISCAL YEAR-1986-66 Proposal Outline Page I-1A hatching Funds Breakdoun Page 2 Justification Pegs 3-3A Proposal Background Page 4 Attachments Information sheets for Libraries Pages 5 - 14 RECEIVED JUN 28X98$ CITY Of DENT DE TON PUBLIC L1P~tf x., h t .J I'rvl 4., e~ ?k ~'T'l.rE 4'1{aa .fZi( a ",G!'9~ f ti'Yi )i 11 iJy, t+h~ !'a f v 1.!Y♦ per rt I~z t, , r i '1 i f ] a 1 y ~y ; ; C' Y r a i, ~a fI! r p y' f F r` . ~ t` I , 1 fV Yi f 'psnpoSA,L FOR' i UA21._Q 4 .AWAY SORY1C5s TO OfiNT~6iix . ifts tl~l ` 'PISCA(s.,YL~R198~Q,~, i PRQPO FU1tDIj( fiPTI0NS CLOTAILS) t Level 1: $488s808.00 Lev61.7: 0318,800.00 Level.3: X225;60$.00 EXPLA ATM lt: Level 1 formula:. $1.08 matching: local funds.up to $269000 per , + or, capita 11.25 psr transaction foe (Denton County out- of-city residents) to be charged to County si110000 Fiscal~Yeiar 1985-861 !226,600 + + 9160,000 Par capita could be as determined using Taxes State Library formula applied to 1985 COO figures (eoo Page 3A). Seven libraries- uould likely opt for the matching funds; this figure is based on estimates of local funding for FY 1985-88 and takes into account in-kind contributions (utilities, "free" rent, etc.). Uaa,attached breakdoun, page 2). Three libraries uould likely opt for the transaction fee arrangement.; this .figure is based on an estimate of 40)eee transactions (iteAo checked but by Denton County out-of-cit,y yesidonts) per Iibrary.projeoted for FY 1985-861 Level 2 formula: 01.08 per capita + matching local funds up to 910,000 Fiscal Year 1985-86: 0225,600 + saa,eee Per capita uould be as determined using Texas State Library formula applied to 1985 COG figures. ~s hatching funds 'for all ten libraries is based on estimates of local funding for FY 1985-88 and takes into account in-kind contributions (utilities, "free" rant, etc.). (See attached broakdoun). Level 9 formula: 01.00 per capita Fiscal Year 1985-86: !225,800 Per capita could be as determined using Texas State Library formula- appl idd to less dOQ figures. Page 1 y'roA7"e A':WI~♦j ~r•~ E- eoxe } Ay "f - w .I~ t a A s, t. V 4' ap ~ ♦w'.v '?rY rl,, dtel `,i ya ~ 'Yn u r i r" ia, rr is: ,"f~ s; ~ qC t i Fr`1 .1 11'N': r " ,"lY '.a ~ r y~' 7 '1- .Y Y' 'k 9 I y'-,y ,i r4.a. t q i PER CAPITA` BREAXI)OW : TBWS tTATE LIBRARY FORMULA APPLIED TO 1985 COO FIGWikS ` i DENTON COUNTY POPULATIONS :.228,888, POPULATION, OF CIT'I693,,: 1780938 UNSERVEt1 POPULATION: 48,862. TOTAL „,CITY COUNTY CARROLLTON 4`4,722 30,434 19,284 DBNTON ?8,188 ,•~r 58,05a 15,138 (f S,lzO,// ,CewiSV~lia) FLOWER ?FOUND t2y988 10,380 2,886 KRUM 1,578 11,266 328 LAKE CITIES 11,347 9,4!00 2,347 LEWISVILLE 46,081 36,550 9;531 PILOT POINT 3,689 2,450 838 ROANA)KE 10387 19180 287 SANGER 49350 39450 980 THE COLONY 21,874 17,358 4,524 TOTALS 225,800 1780938 46,682 i r i .4 PACK 1A it "ri'. e ° a r N ~0i i'. vU '+i ! ` +F.'tirG+ Y ti, 9. MATCHING FUNDS REQUEST loss,- lose FISCAL YEAR LIBRARY LEVEL I LEVEL 2 r......... . I Carrollton $8.98 $19,998009 Denton $0.08 $100000.00 Flouar Mound $15,809,09 i19,¢90~00 Krum . ss,ee8.e8 ss,e98.e0 Lake Cities $181VO9.89 !190898.08 Leui$ville $0.88 !38,988.00 Pilot:Pbint !25,890.99 !19,909.00 Roanoke $159080.98 $10,90A.09 Sanger L8,9be.99 !8,890.08 The Colony 125,090.98 $10,009.90 Total $111,999.00 $930009.08 PACE 2 AIN aif., ~71ni 5 i JUSTIFICATION WHY SHOULD -PENTON COUNTY CONTRIBUTE TO THE SUPPORT OF PUBLIC LIBRARY 8S41CES PROVtDEO BY THE CITIES OF THE'COUHTY? t The basic concept of public libraries is that it is econ-3mica for people to share the'' cost of eaterlalo, rather than to purchase them individually. The'rising cost of such materials create* an increasing need for public libraries. s In a county that is experiencing rapid growth, rapid demand for improved gerviees, including public library service, has resulted. * Libraries that serve county residents without charge are finding it increasingly difficult to~resist pressure to charge nonresiident_fees, charging`, such fogs creates'a barrier to library service and creates additional paperwork' for already overburdened staff. Serving nonresidents without charge dilutes the services available to the residents who !Y!, paying tax'.dollare to support tha libraries. *.To qualify for any votate or federal funding in Texas, a library must be a member of the stata°library system. A basic requirement for system membership is an averogs.local (city and/or county) funding of 01.50 per capita. t Developing libraries have a struggle to keep their doors open with the local funding that-is available; yet these are the libraries that are nearest to many county residents and are used by them these libraries can least afford to serve out-of-city residents free or to impose a fee system. a Transportation is often difficult for children and senior citizens, and they are in the most desperate need of local library service. t In this time of national and state-wide concern regarding the high rate of illiteracy and the crisis in education, it seems counter-productive not to fund library services librarian have traditionally served and will continue to serve as leaders in the battle against illiteracy, as sources of continuing edu,iation for adults, and as a source of encouragement to young Americans to further their intellectual pursuits. a According to the 1980 census reports, Denton County currently has an enviable educational level: 78,9% of adults (age 25 or aver) in Denton,- County are high school graduates (see r.otachment). In order to naintafe or improve this level# educational fixilities such as public libraries must be adsquately supported. Page 3 ,•sU.1~ i~. ,IYN Y" t4 " L . ~9'fi .+,t''. ~ • .a 1 ~rt10. ..r..y...,,rrrM; 1 W4 '17 . iwl i~ CrwM11t~ " i lb-CoA. plw w 'r1.wi G«t iwlk r iwMlin off "ON +iFAA wl w Ae+ lr wM. / wrr rl4M+++~.+q CAN ku 'low 9a/ W Oir two ' A Mt . ~ , MJeal r - 1i4 IrM Ie~ y~„r ld1111 "MAW Me 1M! M JONIL ' Pill d) d lwr rrrM/ M IMd. M! • 1 ~ ! MS N 1 fN 1 ~ 1"7~ ~/I f I 31 w w. w..... ~ a M ~ ~ ~ ~ 171 OtrMwN....».....~..._.......»... ifi l f >n W ItwA».««_.«.««. .w ° 11 1I W 1001' 1t1 1144 IMI Mt.w 16 34 Ir a lww ail ~l w~ ~wfti r li/. I IM • }1I t In li IN i It IN 1$310 111 074 / d) I I !fi ~I{f }1 I~yq 1 }y 60 YIOin" "M I~Y....~~........ r.. 1r _1 Y { 1 ~lM/ lYl O (W t) 1tlt !i .w.... 77 14 I N lrr:.....«...:....«:. n i1 a I M w ~s~ ra wf }~w~ilf .i.:. 31.' 1 ~I{T / !0./1 r / tJ 1► ft0 Rt ftj to1 K71 11l/lt}~yd1f1M«.... 1 ~~1 „y31 C`~ MVA /A t1.1 Ass E11 31 Mtn ~1.. 1 f f ! 1 ~tJ llulll: 1,~ 11~ tl/:S Iij JONII WO.OW AIM LAIN Ilrn {.1A4W /7 how of Is M r dl ItI 1N 1 NI t r1 110 11 in t in MI 1 ON so If" 1411 liiw rwMM/i./ tjl Al ION 71! Of10 1}I 1!0 YS !H }I1 Iw 4WIre1. 11gq1 / / 010N1 l~ 11 lu 11! 07 OI Ml «~..i11» a7} of 13 1.111 .1N M (9 is; p1 11! O'sKamWAW r1►»._.... aallll $34 7 !NI IOS fl !10 11 O Iy~ e/rf /elrre 1t In in M 1 7N 117 1} M N I!7 is, fyyMrt.f1~,1~»-«...-....«.................. 1 IY1 131 111 it 101 111 a 30 to D f w Y Woo Ir0 N«......»........~..... 11113/11 10 1S}1 t1 lia0 111 214 1 tM rdnflnbre.....«..«« .11 W tS1 3n J} 1 DO IN 1111111k~'7~I 171 II 11 10 I1 uqql 11rr f! ! If! IM I N It N ll! T 101 • ' 111r 0 IIMOOI i01MUm 4 IIA► N lore eY wf rar /1~ NI O 1M 1 `to 1414 am I /~t11 I m 108171 ION 1711 lot lwrrM s{I 114 cull 1! I }S y51 lN7I 1 )MI I1l~a N7 J11 N SN y ~ e1si `~i 1 NN 11 iN IS i 3R t1/ ; jx 1 ~Iso P I u N100 I 111 it CA,o ! ~i I hn rj('~1# N OM7I~T 1 `y !!!„000111111' ~~!}1 <Pt1 i....«..»..«..«.. N 1 IN !M I1n1 111 1R 111t f r rre yw...«.«.».« 1 111 101 M !0 N.1 .04 174 11.0 41.1 VA Mi 31.! ~ ►.r ~1oomok 23 "M M W /w».».... oil 1 IM son I m M Al 1 6" 1 M1 1 NI 14n I in bill . 4. is 1 H} 711 }I ISI 11 IU of M 1 Von II 101 '.1IJ 11117 1K14 Iq Iff IV Nr+ 71 t 1H 141 14 It! in 2 IV, NO rtal. 1 w J riin p 1 1N w 17N fq 393 If p7 111 1 t , 1 1N 7 I.1/.1 1IN /f/ Is1170 ftl 110 M 1}1 100 is elk" 1 M 7 mn q 4/ 111 149 1 In fl! 101 IA 1fp1 1H 1' 1 pre................. 4.131 fn 400 117 1111 1,~ 1 in 1 f or awe yws 29 tl 41 171 74 J 1W 171 1 Mrr No Nell re1.«w Nl1 4.1 As 101 103 J04 MA M Set 310 + ti Psi" If }err dl u1 swr.......... NI III 1 1I~N N IN J 14 n 1ft n q1 I I Nf 1711 11 NOW: I+r004SVWSof4% +ww+d..«... f,J 11.1 11.1 11.1 1.1 11.1 b 1.1 1.1 !fA tsI►1dW l.edrhl 11.! a.1 111.4 11.1 XI 71.11 M ~A IJA 1 ItJunr`rfweAad °w•.. iitl 6 11.1 7.s M1 Hl Is. 3 ~ = ryM ~y 11.1 Ili 12.9 16.1 AtMY t6yr/Ili!/weM.. Iy11 10141 i "f $1 i N 1! I f'i !.3 1 10.1 + 1# I/ ~r Irwrlrr111rM/... 1.S 1~f 6.3 INI YWrywM«.» p ~{1 1}y 1 . 7i}►/el+"604;.E." « « .«If.! / Ili.i N 17} 11.1.1.1 N Mw. .7 d./ II.1 11.11 1e ti 141~►,40 ~ an 49mo~of 1 10 / } ~ f~ 41f1y I i! 14 , AneN. t1►/dMwwrlWiM q1 '!Ii ' 17.E u on i= l, f~ /f r~ .ti N1441 7 f ! 1.0 0.1 1.1 44,-$#4 YW.i Page 3A GENEW SOCIAL AND KONOW .r J, 777 3, ~ 8 RACXGROUXn This proposal uss developed by representatives of the ton public libraries serving Denton County residents. Three .levels. of funding *re-proposed, the first being a realistic figure of support An relation to the actual cost of library service provided to county residantt by libraries which are currently funded by incorporated cities. Libraries that accept county funding cannot charge nonresident fees to Denton County raaldents. It may thereforenot be cost; effective for some librarian to aCcapt Levels g or Si fuadinq. In each library's came, acceptance of County funding at any level must be approved,: by the libraWis local governing body, It to proposed that any funding not accopted by a-library be dispersed to the remaining libraries; since those libraries roust bear the burden fat serving AIL county taxpayers. Page 4 '~`T '7Y}'rs u!'• t i ,fir ' "n n. F , . r .„^i r t, `?i .u j DENTON PUBLIC~LIBRARY LIBRARY BOARD MINUTES The regular meeting of the Denton Library Board was held on Thursday, June ,2T, 1985, In the Board Room of the Denton Public Library at . Y 7130 P.m. PRESENT: A. Travelle, chairman; R. Hutton, S. Lockhart, K. HcCallon, L. Gonzalez R. Stephens and J. Orr. Exs was A. Lookabau6h. 1. Approval of Minutes: Ray Stephens moved, Sarah Lockhart seconded, that the minutes of the 23 May 1985, meeting be approved as read. Motion carried unanimously. 2. Proposal to Place`Coin-operated Typewriters in.Library;. R. Stephens made a motion that the Library get coin-operated typewriters for one year with .a review in six months with an option to cancel if not satisfactory. L, Gonzalez seconded the motion. Motion` carried unanimously. It was also suggested that a-phone number be placed on, machines that patrons can `call to have a machine serviced rather than bother the Library staff. 3. County Funding: J. Orr reported to the Board that $88,308 will be given to the Denton Library as decided by County Commissioners on the 25th of June. Money will help to provide a homework center for county students as one of the services provided. Library servifte can also be extended to 60 hours per week. The Board feels that the County Commissioner's Court has indicated that by funding the Emily Fowler Public Library they are in favor of improving and supporting services of the library. The Board recommends that the City Council accept the library funding proposed by the County Commissioner's Court. R. Hutton made a mot'_on that a letter of appreciation be sent to the Commissioner's Court on behalf of the Library Board. S. Lockhart secondtJ the motion. Motion carried unanimously. 4. Old Business: The Board was reminded of the July 9, 1985, City Boards and Commission3 dinner. Everyone is expeo'.ed to attend. 5. New Business: A dinner for outgoing Library Board members will be held at the Ramada Inn on August 15, at 6:30 p.m. New Board members are also asked to attend. nomiiiting committee for new officers was appointed. They are as I flows: Lupe Gonzalez, Kaye MA.Callon, and Al Lookabaugh. R. Huttor, mover, v. McCallon seconded, that the meeting be adjourned. Motion carried inanimously. Meeting ras adjourned at 9:37 P.M. 0555H b~ fF ~ 4 R f ~YW ~~v• : 3 •.i r, i,; a F~~ ~ ~ a x> i ~ as ° Ouly 16; CITY COUNCIL REPORT FORMAT TO M yor ind ?umbers of the City Council FROM: G Chris Hartung* City Manager `i SUBJECT: . POLICY CHANGES AM FWISIONS RECOI4MENDATION: Reoarmend.that the Council approve a resolution that will eliminate the Oxvensatory Thw Policy and amend the Overtirm Policy. SL44MARY: Elimination of the CmVensatory Time Policy. Revisions and additions to the Overtime Policy: 1. Overtime based.on 40 hours worked per week, 2. Holidays, vacaticn leave, and sick leave not ooneidered in determining overtime. • BACKGROUND: These prOPOSW ages .are necessary for the City to be in acapliance with the Fair Labor Standards Act. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: All City Dplcyees FISCAL IMPACT: UNMW Respectfully submi% ted: is a u City Manager d by: *te Ak ed• Title A v „e } f r<;x te:,tryM },f n'x r 'h 717, J% 11Y 1985 16, Pago 2 Slkl+W Contd. 3. Discretionary time off for Oompt employees. 4. Authorization for overtime must be in writirq. 5. A 27-day work period has been declared for the Fire Department in which hours worked in excess of 204 hours are paid overtime. n 5 t f, .t y "'sl uf4 Co"} r`. •'Y ;o t. r7u F 8!r"l .x t ~IC ~babL R E 8 0 L U T 1 ON WHEREAS, the Director of the Personpel/Employee Relations Ntpartment for the City of Denton has presented a proposed policy regarding employee rules and regulations for the Council's consideration; and WHEREAS the City Council desires to adopt such policy as an official policy regarding euployment with the City; NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THV: MI XON I. The,iolloving policy, attached hereto and made a part hereof, is hereby adopted as an official policy of the City of Denton, Texas. Overtime (Reference No. 106.04) SECTION II. The foregoing policy it attached hereto and made a part hereof and shall be filed in the official records with the City Secretary. SECTION III. The Employee Rules and Regulations of 1976 adopted by Resolution of the City Council on February 1, 19770 and the Overtime Policy adopted September 18 1984 are hereby rescinded to the extent they conflict with the iorego{ng policy a d with any administrative procedures and directives issued under the authority of the City Manager implementing the policy hereby adopted. SECTION IV. That Policy Reference No. 106.05, addressing compensatory time, is hereby, in all things, rescinded. SECTION V. This Resolution shall be effective from and after its date of passage and approval. PASSED AND APPROVED this the day of , 1985. RICHARD U. , KAYOR CITY OF DENTON, TEXAS ATTEST: CM=TTE ALLEN CITY SECKE-My CITY OF DENTON,OTEXAS APPROVED AS TO LEGAL FORK: DEBRA ADAM! OLAOVITCH, CITY ATTORNEY Cl" OF DEEM, TEXAS BY i dy,~~ T,5 4 N(~% p n. p~try M~.'' p ~ l'A•'~ 5 a#. 11IM" P*OdRDV~B/ADl[INtaT1tAT1 '1►E r D(E0?IV8 r tOL10~/J1DNjifli?ATfli; , AEfEREN:E SECTION. NUMBIA: pWi~OWiLLBYp~t1Y.eB oPflTtAtlQ EFFECTIVE DATE: SUBJECT: VAnt ANN 9ALLVY PLAN TITLE: RMACES: 03MRTTIME 948.84 POLICY STATENENT. The City of DentoG requires employees to work overtime when necessary and as requested by the supervisor. Overtime to defined to authorised time worked which exceeds 40 hours per work wait. Overtime for Fire Civil Service employees will be calculated based on the maximum number of hours for the declared work period. Employees who work overtime without authorization from their immediate supervisor will be subject to disciplinary action. Overtime on any job shall be allocated to evenly as possible among all employees quali- fied to do the ,job. Supervisors shall make every effort to schedule overtime to isr in advance as possible. Supervisors shall be held responsible for ensuring that overtime is assigned only when absolutely necessary. Tha Personnel Director is responsible for maintaining the exempt/non-exempt status of all City positions. Overtime Pay A. Non-exempt employees will be paid at the rate of one Pod ono-halt times their regular rate of pay for authorized overtime. Overtime will be paid for all additional time worked to the nearest quarter hour. 8. Regular part-time employees will not receive overtime pay until the number of hours actually worked exceeds 40 hours per work week. C. Holidays, vacation leave, and sick leave are not considered actual time worked and aro not included in computing hours for overtime purposes. D. Exempt employees are not eligible for overtime pay. Theae employees will sometimes ~e required to work more than the normal 40-hour week without compensation due to the nature of their job dukes. Supervisors of exempt positions will determino occasional discretionary time c,ff, based on work load, for hours worked in excels or 40 hours Poe woek Dissraticaary time is defined as flexible time off which is approved by the itamedlato supervisor and doeso not equal `at wood the number of extra hours worked. uio M~ Do A980LUTL0N WHEREAS, in 1974 the United Statue Congress extended the application of the federal Fair Labor Standards Act to the 90 states and their political subdivisions; and WHEREAS, the United States Supreme Court two years later invalidated that action for most purposes, holding that the Congress had no power to enforce overtime and minimum wage provisions against states in areas of traditional governmental functions (irati,)nal League of Cities v Usory, 426 U.S. 833 (1976)); on February 19, 1985, however, the Court overruled its earlier opinion, finding the distinctions created by that o inion to be unworkable while commenting teat the states and their political subdivisions) if dieea0stied kith the court's new opinion, could encourage the Congress to modify tho law (Garcia v. San Antonio Mass Transit Authority, 53 LW 4135 (1985)); and` WHEREAS, the effect of the Garcia decision has been to make all state agencies and politico su iviaions'subject to the law immediately, without time to prepare for the transition; and WHEREAS, the resulting fiscal impact on Texas state an local governments will be significant; overtime requirements for state and local governments could be particularly burdensome, since the federal law requires time and one-half payment for hours that were previously compensated by equivalent time off; and WHEREAS, the City of Denton has, for many years, provided an equitable compensatory time system for Cityy employees who work overtime, and many City employees prefer that system of compensation to the one that is now to be required; aid WHEREAS, the reduction of hours worked for Firs 'Fighters from an average of 56 hours per week to 53 hours per week also i M create an excessive financial burden on the City of Denton; and WHEREAS, the federal law, as characterized by the Supremo Court in 1916, is an interference ,,with the integral governaentsl functions" of state and local governments to such a degree as to impair. the States ability to function effectively in a federal system"; and VHEREAS, it results in subatantially increased costs in a time of limited revenue, weakens the delivery of public services to the citizens of Denton, and penalizes the City for choosing to hire governmental employees on terms that are different from, but not necessarily lose beneficial than, those sought by the Congress; and WHEREAS, this imposition is especially ironic, ggiven that the United States Congress is itself exempt from the law; NOW, THEREFORE, BE IT RESOLVED Bi THE COUNCIL OF THE CITY OF DENTON, TEXASi SECTION I. That `the City Council of the City of Denton :asre6y requests the United States Congress to exempt eta,. sno local governmental smplr~,,vaas from the fair Labor Standards Act, NIT X <'il ,M,~'. a+F , F n'.;e t ' 1, 71 SECTION II. That the Cicy Council of the City of Denton hereby requests the Secretary of Labor, while ve attenpt to influence the Congress to amend the Fair Labor Standards Act, to work with the representatives of the National League of Cities, the Texu Municipal League and other public interest groups to pp which rovide administrative relief under the Department of Labor's regulatory euchority to develop rules as fire and provide polsleeore. flexibility for key governmental operations such SECTION III. That resolution to thetPresident a of the United fStates, to the President of the Senate and Speaker of the House of Representatives of the United States Congress, to the Secretary of Labor, and to each member of the Texas delegation to the Congress, with the request that it be entered in the Congressional Record as s. memorial to the Congress of the United States of America. SECTION IV. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of 1985. KICHARD 0. CITY OF DENTON, TEXAS' ATTEST: CITY OF DEMN,sTEXAS APPROVED AS TO LEGAL FORM: DESGA ADAM DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS HY3 PACE 9 p ~7,ti r,t 'fl r aT ryx f.4 _ t r iR bs^,.n It 4Y r~L~.1 A 4 ~ .,y 117 7 VWI%F, CITY COUIICIL' REPO> T FORMAT Judy 5r 2985 TO; Mayor and Members of the City Council' FROMi G. Chris Hartuns City Mina br SU 6J ECTi Resolution in Support of a Grant Application with the State of Texas Parks and Wildlife Department jJ5OMW2NDATION: Approve a resolution in support of a grant to develop a new Greenbelt Park to southeast Denton. Sl1MM AR Y: The Clark Brothers have consented to donate a 61.50 acre tract of land to the City of Denton for a park. The value of the property can be used as the city's portion of a 50/50 matching grant with the State of Texas Parks a.nd Wildlife Commission. If the grant is approved by the Commission, the monies will be used for the developmmW of the Greenbelt Park. The land will be dedicated to the city after JBAMO O $ Due to floodplain restrictions, it is not economically advantageous for the property owners to develop the land. They have indicated that 61.50 acres will be donated to the City of Denton for a park sits. The project is unique in that It will create the first Greenbelt Park in the Denton area. The 61.50 acre tract of open space, located in southeast Denton, will connect with future projects and will ultimately extend the Greenbelt Park ft3 Dent to Lake Lewisville. PROGRA.9C, DEPARTMENTS- OR GROUPS ~iFFOD: The Parks and Recreation Department, will assume responsibility for maintenance of the site. If the Texas Parks and Vildlife Commission funds are not available, the Parks and Recreation Department wauld also assume responsibility for the costs of development of the property. FISCAL IMPACT: The Parks alnd Recreation Department anticipates receiving approximately $400,000 from the Texas parks and wildlife Commission for the develop- ment of the park site. Annual mainter,knce costs are Pstimated to be $500 per acre if the land is left undeveloped or I1,Ou0 per acre if the property is developed. Respectfully subm tted: • .4 & City Manaser P red ame eve 6Mimkman Title Director, Parks and Recreation Y NSA ' 'title ,f 7 7 T .s. FIT, s~v pr 1r la r % - y DSM`(19L) ; R880LUT10a A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON DESIGNATING CERTAN CITY OFFFICIALS AS $ZING RF.BFONSIgLC FOR, ACTING FOR, AND ON BEHALF OF THE CjTY OF DENTON IN DEAL1p WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT FOR THE PURPOSE 01` PARTICIRATING IN THE LAND AND WATER CONSERVATION FUND ACT OF 19651 CERTIFYING THAT THE CITY OF DENTON 13 ELIGIBLE TO RECEIVE ASSISTANCE UNDER' SUCH PROGRAM. WHEREAS, the United States Congress has passed the Land and Water Conservatiuon Fund Act of 1965 (Public Law 88.578), authorising the Secretary of the Interior to provide financial rssistanca to states, and political subdivisions thereof, foc m tdoor recreation purposes; and WHEREAS, the Texas Legislature has adopted Article 6OS1r, V.A.C.S., for the purpose of allowing the State of Texas, and its political subdivisions, to participate in the Federal program established under said Public Law 88.5780 or such other progress as are hereinafter established by the Federal Covernmeut; and VHEREAS, the City of Denton is fully eligible to receive assistance under this Program; and WHEREti4, the City Council of the City of Denton is desirous of authorizing its administrative staff to represent and act for the city it, dealing with Texas Parks and Wildlife Department concerning this Progran; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OR DENTON, TEXAS Section Is That the City Council of the City of Denton hereby carelfies that the City of Denton is eligible to receive assistance under Public 88.578; as augmented by Article 6081r, V.A.C.d. Section II; That the City Council hereby authorizes and directs its City Hanagar to represent i.dd act for tho City of Denton in dealing PACE UNE , ♦ M1~~, S Cr h ~a. F~: Qn~ r: h ~ :t ~ti'd'i n ;Y,~Ji ~ iw ,r .~y~N+Y~" , rhl.;v o 4 x Irv , with the Texas Pa04 Rnd Wildlife Department for the purpose of this Program. The City 14anager is hereby officially designated as the City's representative in this regard. Section III: The City Council hereby designates its Director of Finance ar the official authorized to serve as the City's fiscal of:._er to receive federal funds for purposes of this Program. Section IV; The City Council hereby specifically authorises the City officials herein designated to make application to the Texas Parks and Wildlife' Department concerning the tract of land known as Greenbelt Park is the City of Denton. INTRODUCED, READ AND PASSED by the affirmative vote of the City Council of the City of Dentons on this 16th day of July, 1985. KTCRM 0. s KAYUK CITY OF DENTON, TEXAS ATTEST; ALLEN. CHARLOTTE ~ DENTONs TEXAS APPROVED AS TO FORM; ATTOULT PACE TWO ,~a e s °✓~:+"Hi y _ r r F~, e } k ! 2j,^ 3X q l Y 1 .:R~ i~< p { D W f i J f , Noo 2 ?t ~k ~ y 7; r 4 Y T,~tc f~ ~ 'r~, t `Ye E t%;! R E S 0 L U T 1 0 N WHEREAS, on May 29, 1995, President Reagan submitted his tax proposal for "fairness, growth -•d simplicity" to Congress; and WHEREAS, included in th4 President's tax proposals are provisions which would eliminate ;.r limit the tax-exemption of state and local government bonds including bonds issued by the City of Denton; and WHEREAS, the President's proposals would deny tax-exempt status to bonds where the private seettoo benefits directly` or indirectly from the use of more than one percent of the proceeds of the bond issue; would eliminate all advance refundings of tax-exempt bonds; would restrict the investment of bond proceeds; would require that certain earnings from the investment of bond proceeds be paid to the U. S. Treasury Department; would require that an Internal Revenue Service information report be filed for every bond issue; and would impose additional taxes on banks that purchase tax-sxaept bonds; end WHEREAS, each of Cie President's proposed limitations on tax-exempt municipal bonds would adversely affect the City of Denton by increasing borrowing costa, requiring continuous administrative review of bond issues and the use made of facilities .financed with such issues, requiring filings with the Internal Revenue Service and review by the Internal Revenue Service of each bond issue, and jeopardising the tax-exemption on I bonds where the private sector benefits directly or indirectly from the usa of more than one percent of a project financed by such bonus; and WHERIthS, the preeident'o municipal bond proposals will result in an increase to the cost which must be passed on to the residents of thr City of Denton, will reduce the ability of the City of Denton to provide vital public services to such 'rtotdonts ~i PAGE i v + rf, fl t °k $in 1 .h 1.. SS a 1.and will impose added federal bvretucratic controls over the provision of such services, NOW, THEREFORE, BE IT RESOLVED BY THE LOUNCIL OF THE CITY OF DENTON, TEXAS, THAT: SE T1ON I. The City Council goes on record as opposing the limitationa and restrictions on municipal bonds proposed by the Preaideut, which, if enacted into law would adversely affect sit tax-exempt municipal bonds, including bonds issued by the City of Denton. SECTION It. Copies of this Resolution shall be sent to members of Congress urging them to oppose the provisions of the President's tax pro- posals which would impose new limitations on issuers and purchasers of municipal bonds. SECTION III. This Resolution shall be effective from and after its date of passage and approval. PASSED AND APPROVED this the 16th day of July, 1985. HLC[{W U. STE"7AKT-0 0Yd1f CITY OF DENTON, TEXAS ATTEST: CIMMM ALECH CITY SECRETARY CITY OF DENTON,,TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAH1 DRAYOVITCHj CITY ATTORNEY CITY OF DENTON, TEXAS BY$ AtAm--Abu, c~ PACs 2 .4`t4 } •r 7 ~W I 5i ' rV ye.: f RESOLUTION WHEREAS, the United States House of Representatives has proposed to cue the General Revenue Sharing Program, under the provisions of the Local Government Fiscal Assistance Act, by 25 percent effective October 1, 1985; and WHEREAS, the United States Senate has proposed full funding of the General Revenue Sharing Program for another year; end 6MEREAS, a reduction of revenue sharing fut.'ing would make it difficult for the City of Denton to maintain the current level of services to vital program areas and impose a definite fiscal strain; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: SECTION 1. That the City Council of the City of Denton hereby requests the United States Congress to continue the General Revenue Sharing Program under the Local Government Fiscal Assistance Act. as the Sense has proposed to do. SECTION It. That the City Secretary forward official copies of this resolution to the President of the United States, to the Fresident of the Senate sr! Speaker of the House of Representatives of the United States 101, as&, to the Secretary of Labor, and to each member r the Texas delegation to the Congresa, with the request that Li Do entered in the Congressional Record as a memorial to the Congress of the United States of Americo. SECTION III. That this ordinance shall become effective immediately upon 1- passage and approval. PASSED AND APPROVED this thn day of 1955. RICHARD 0. STEWART, HAYOK CITY OF DENTON, TEXAS ATTEST: CITY OF DEN ')N, ,TEXA9 j APPROVED AS TO LEGAL FORM, DEBRA MANN DRAYOVITcURt CITY ATTORNEY CITY OV DENTON, TEXAS BY: I ~ • 1 T i T r :::c 1s ~ t~ y 'iY k T. MR e y e t DATEi June 21, 1985 CITY 'COUNCIL RBBOP.T FORMAT f 'f0, Hayor and Members of the city nci 1 FPbHc G. Chris Hartung, City Manager SUBJECT, Amendments to the Benjaaine Benni:t Airport Lease Agreement RRCOMMENDATIONr It is the recommendation of the Airport Advisory Board that the amendments to the Airport Lease Agreement of February 28, 1985, by and between the City of Dentoa and Benjamin Bennitt, be approvei and incorporated into the airport lease. SUMMARY: The amendments outlined and described on the attached Inc -porate a ch.gnge in the lease term from twenty to twenty-five years, and make minor corrections and adjustments to other areas of the lease. BACKGROUND: The Airport Lease Agreement by and between the Ci,:y of Denton and Mr. Bennitt for a view fixed base operation on the Denton Airport was originally approved on February 28, 1985, for a term of twenty years. A s-cbsequent airport lease agreement for Mr. Rodgers and Mr. Brown for the construction of aircraft hangars was approved with a term of twenty-five years. In an effort to assure commoaality of leases on t'se airport and to permit Lessees a longer term for purposes of obtaining financing for their airport projects, a lease term of twenty4five years is recommended, PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED, None FISCAL IMPACT, Extension of the Bennitt lease under the terms and conditions previously approved fot an additional five years. Respectfully Submitted: Prepared ys G. Chris Ha eg City Manager Approved by: 4 RE S 0 L U! WH$REA3, the City of Denton has leased land upon the Denton Kunicipsl Airport to Mr. banj amin A. boonitt, principal stock holder and President of dirplanes,' Intorpo°ated a Texas Corporation, by lease agreement executed 1sbruary 28, 1485, and WHEREAS, the City of Denton and Mr. Benjamin A. sonnitt, individually and on behalf of Airplanes, Incorporated, agree that certain provisions of the existing lease be amended and inccrporated into a new leaso agreement; and WHEREAS, the Airport Advisory board for the City of Denton has recommended appro;ol of the attached leads agreement{ and WHEREAS, the City Council of the City of Denton, Texa~s , believed it to be in the boat interests of the public and in the furtherance of efficient airport operations to approve such lease . agreement, NOW, THEREFORE, BE IT RESOLVED by THE COUNCIL OF THE CIT'f OF DENTON, ?WSJ SECTION L The Airport Lease Agreement (Fixed Same Operator) between the City of Denton and Airplansa, Incorporated, attached hereto and incorporated heroin by reference, is hereby approved. SECTION II. The attached Airport ie!ae, Agreement shall have an effective date of April 1, 19850 and sna. supersede that certain Lease Agreement between the City of Denton and Benjamin A. Sennitt executed February 28, 1985. SECTION III. The Mayor is hereby authorised to executo the attached Airport Lease Agreement on behalf of the City. SECTION IVY This Resolution shell be effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1985. CITY OF DENIDN, TE~UIW ATTEST: ITY RECKETART CITY OF DENI-00 TEXAS APPROVED AS TO LMAL FORMi DISRA ADAMI DRAYOVITCH, CITY AMRNEY CITY O•"fDLNTON, TEXAS t bYt ~:..YI 31 Y. Y yy -y TIT", ; ~ti a w 5+i a 'v ti,C AIRPORT LEASE AGREEMENT FIXED BASE OPERATOR THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTSs COUNTY OF DENTON § This lease and operating agreement, is made and executed this day of , 1983, at Denton, Texas, effective April 10 1985, by and oetween the City of Denton, a Municipal Corporation, hereinafter referred to as "Leasor", and Airplanes, Incorporated, a Texas Corporation, having its principal offices 'at Harker Heighte, Texas, hereinafter referred to as "Lessee". WITNESSETHt WHEREAS, the City of Denton has leased land upon the Denton Munici;al Airport to Benjamin A. Bennitt, principal stockholder and President of Airplanes, Incorporated, by lease agreement dated February 28, 1985, and VNEREAS, Benjamin A. Bennitt, individually and as the auth- o.ieed representative of Airplanes, Incorporated, and the City of Denton have agreed that certain provisions of the existing lease bb amended and incorporated into a now lease agreement with a commencement date of April 1, 1985, and NOW, THEREFORE, in ,onsileration of the premises and the mutual covenants contained in this Agreement, the parties agree as followst 1. CONDITIONS OF AGREEMENT NOTWITHS1 kNDINO ANY LANGUAGE TO THE CONTRARY HEREINAFTER CONTAINED, THE LANGUAGE IN PARAGRAPHS A THROUGH F OF THIS SECTION SHALL BE B1~iDINO. A. Principles of Operation 1. Losseo ag8rees to operate the premises laasc4 1,st the unr and benefit of the public. 2. to furnish good, promppt, and efficient services adequate to most all the 6unds for its service At the airport. 3. Ta furnish said service on a fair, equal and non- discriminatory basis to all users thereof, and f LEASS AO ZM9,11T/AI4pLANE8, INCOKP0i~ fto/PAGE.`I 6f' f~l i M~ y 1. y ' $~i v ,'x a w .icy A i f: G Y n t .r,'r } Lf k 7-: • 5t 1 d~ 0 ~,i ll t d 4~1 - X15 r7- LT. jt t' 4, To charg* ialr, reasonable, and non-discriminatory prices for each unit of sale or aervice, provided that the Lessee may be allowed to make reasonable and non- discriminatory discounts, rebates, or other similar types of price reductions for volume purchasers. B. Non-Discrimination The Lessee, for himmelf, his personal reprasentativel, successors in inters#t, and assigns, as a part of the consideration hereof, does herehy covenant and agree as a covenant running with the land that: 1. No person on th.i grounds of race, religtoti$ color, sex, or national origin shall be excluded from participation in, denied the benefits of, or bo othetwiaa subjected to discrimination in the use of said factiities, 2. In the construction of any improvemen h on, over, or under such land and the furnishing of services thereon, no person on the grounds of raco, religion, color, Nex, or national origin ahs:l be excluded from participation in, denied the benefits of, or otherwise be n0jected 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 Re ulstions, Department of Trans- portation, Subtitle At Office of the secretary, Part 210 Nondiscrimination in Vaderally Assisted Programs of the Department of Transportation-Effectual of Title VI 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 raposaeas said land and the facil- lties thereon, and hold the same as 11 said Lease had never been made or issued. This provision does not become effective until tits procedures of 49 CPR Part 21 are followed and completed including expiration of appeal rights. C. R_isht of individuals to Maintain Aircraft it is clearly understood by the Lessen that no right or privilege has been granted which would operate to prevent any person, firm or corporation operating aircraft on the airport from performing any services on its own aircraft with its own togular employees (including, but not limited to, maintenance and repair) that it may'rhoose'.~'o perfo.s. LE►AsE ACR1?DIM/AIRPLANts INCGAPOMTED/PALL" 2 t, u 51 l ~ > > ! Ar t ,a W f ' a t + .ri w U. Non-Exclusive Right It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive ri,eht within the meaning of Section 1344 of Title 439 E. Affirmative Action Program 1. The Lessee &courts that it will undertake an affirmativa action program, as required by 14 CFX Part 152, Subpart 'E, to ensure that no person shall, on the grounds of race, creed, color, national origin, age, or sex, be excluded from participating in any employment, contracting, or leasing activities covered in 14 CFR Part 1520 Subpart E. The Lessee assures that no person shall be excluded, on these grounds, from participating in or receiving the services or benefits of any program or activity covered by this subpart. The Lessee assures that it will require that its covered organtzations provide assurance to the Lessee that they siallarly will undertake affirmative action programs and that they will require assurances from their taborganizati.ij, or, required by 14 CM Part 152, Subpart E, to the same offset. 2. The Lessee agrees to comply with any affirmative action plan or steps for equal employment opportunity required by 14 CFR Part 14'2, Subpart E, as part of the affirmative actOn program or by any Federal, state or local agency or court including those resulting from a conciliation agreement, A consent dderes, court order, a similar mechanism. The Lessee agrees that the state or local affirmative action plan will be used in lieu of any affirmative action plan or steps required by 14 CFR Part 1521 Subpart E, only when they fully meet the standards set forth in 14 CFR 152.409. The Lasses agrees to obtain a similar assurance from its covered organisations, and to cause them to require a similar assurance of their covered subor,anisistLoos , as required by 14 CM part 1520 Subpart to r LEASE ACRIiEM ST AIRPLAN$S ' iNCOAPORATINPACE 3 d'c' t ~ v A ~ r` , a , [ ; Q ^ni a+"~ d w j r 'e s a x w~ 1 v a'," t 4; t x ' a ~ Rx awGa o it ~ t , a F. PubM 1_ to Area 1. Lessor reserves the, tight to further develop or improve the landing area of the airport as it sees fit, regardless of the desires or views of the Lessee, and without ini.erfersnce or Hindrance. 2. Lessor reserves the right, but shall not be obligated to Lessee, to maintain and keep in repair the landing area of the airport and all publicly owned facilities of the airport, together with the right to direct and control all activities of Losses in this regard. 7. During time of war or national emergency, Lessor shell have the right to lease the landing area or any part thereof to the United States Government for military or naval use, end, if such lease is executed, the provisions of this instrument insofar as they sre inconsistent with the provisions of the lease to the Government, shall be suspended. 4. Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the airport against obstruction, together with the right to prevent Lessee from arecO ng, or permitting to be erected, any building or other structure on or adjacent to the airport which, in the opinion of the Lessor, would limit the usefulness or safety t,: the airport or constitute a hdsard to aircraft or to aircraft navigation. S. This Lease shall be subordinate to the provisions of any existing or future agreemen. between Lessor and the United States or agency thereof, relative to the operation or maintenance of the f Airport. III TERN The term of this Agreement shall be for a period of twenty-five (23) years, commencing on the lit day of April, 1983, and continuing through the 91t:t day of March, 2010, unless earlier LEA$Z AOkt*IWT/AIAPLAME8,` INCORPOMT96/PAOV 4 "rot S PIT, pi ~h` `C„ terminated under the provisloos of the Agreement. Lease• shall have the first right of refusal to renegotiate this lease for two (2) additional five (5) year periods at rentals and terms mutually agreed upon by the Lessor and Lessee without regard for or considering the then cost of living index. Lessee's election to renegotiate this Lease shall be in writing addressed to th, 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 renego- tiated period. The rental and tome to be negotiated shall be reasonable and consistent with the than value, rentals and terms of similar property on the Airport. Lessee's first right of refusal to renegotiate this lease shall expire upon the and of the last day of the primary term of twenty-five (25) years and the last day of each additional renegotiated period. III. LEASED PREMISES Lessor, for and in cocsiderstions of the covenants and agree- ments herein contained, to be kept by Lassea, does hereby demise and lease unto Lessee, and Lessee does hereby hire and take from Lessor, the following described land situat-ad in Denton County, Texas, as described as follows: A. LAHM A 300 foot by 500 foot tract of land, being approximately 1500000 square feet, or 3.44 acres, and a 500 foot by 700 foot tract of land, being approximately 350,000 square feet, or 8.03 acres, drawn and outlined on Attachaent A, incorporated herein by reference, and having the following mates and bounds: All that certain 11.530 acre tract or parcel of laod situated in the iris. Neil Survey, Abstract No. 970, Denton County,.Texas; said tract being ppart of a tract shown by deed to City of Denton, recorded in flolume 305 Page ~16, Dead Records, Denton County, Texas, being part o? the Airport Lands' and being more particularly described as follovet BEGINNING for the northwest corner of thli tract at a point in the southwest 1! f an existing 50.0 foot wide 'Taxi sy said paint is south 88 55~ wee t, '1196.66 feet end mouth 0752130" vest a LEA$E AGRIMUT/AIRPLANE9, INWIRPORATED/PACE 5 `5'~ r v viar ~ a r 4r ~ l . ' r j: i ! f -I ~ Ft • ~ v I distance of 580.47 foot from' the southeast corner of a tract shown by deed to P. F. Bryan, recorded in Volume 427, Page 1831 Deed PAcorda, Denton County, Texas; THENCE south 82°07'30" es-at a distance of 185.89 feet to a point for an angle point of this tract; THENCE north 88°55' east a distance of 775.00 feet to a point for northeast corner of this tract; THENCE scuth 01°05' east a distance of 710.00 feet to a point for southeast corner of this tract; THENCE south 88°5S' west a distanra of 500.0 feet to a point for the most southerly southwest corner of this tract; THENCE north O V031 west a distance of 413.00 feet to a point for an inner all corner of this tra%t; THENCE south 88°55' vest a distance of 510.04 feet to a point in southwest line of said 'Taxiway' for the moot westerly southwest corner of this tract; THENCE north 07°52'30" east with said soutlivtst line a distance of 330.00 feet to point of beginning. Together with the right of ingreme sod egress to said pro- perty; and the right, in common with othere so authorized, of passage upon the Airport property generally, subject to reasonable regulations by the City of Denton; and such rights shall extend to Lessoe's employees, passengers, patrons and invitees. For the purposes of this Agreement, the term "Promises" shall mean all property located within the metes and bounds described above including lease hold improvements constructed by the Lasses, but not including certain easements or property owned and/or controlled by the Lessor. B. IMPROVEMENTS PROVIDED BY LESSOR! No improvements to be provided by lessor. Po: the purpose of this agreement, the term "Lessor isOrove- ments" shall mean those things on the leased premises belonging to, constructed 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 otharviss noted heraln, all Lessor improvements are and will remain the property of the Lessor throughout the tars of this Agroment. (Ali Lessor improvements LEASI AGMEh>ttiT AIRPLANt9, INCOAPORATtd/PAdk 6 J I t1e.t ° i 'nP'~ ,<r k 4~t V A' .r • P q Y 4 x rb, rn 3- f t .l f- .a fh, ~ I , F ~o.i s ITT must be described in detail above, or above referenced'a6d attached to this agreement in an exhibit approved by the Lessor.) IV. PAYMENTS. RENTALS AND FEES Lessee convenante and agrees to pay to Lessor, as Consider atinn for this lessa, payments, rentals and face as follows: A. LAND 4ENTALi The sum of three hundred dollars ($300.00) per month payable in advance on or before the first day of each and every month until August 31, 1985. On September 1, 1985, lend rental shall be due at the rates specified belowr The sum of five thousand two hundred fifty 00/100 dollars ($3,250.00) per year, payable in twelve (12) equal monthly in- stallments in the sum of four hundred thirty-seven 50/100 dollars ($437.50) in advance, on or before the first day of each and every month during the term of this lease for Property I outlined on Attachment As the sum of six thousand one hundred twenty-five 00/100 dollars ($61125.00) per year.. payable in twalve (12) equal 1 monthly installments in the sum of five hundred tan 42/100 dollars ($510.42) in advance, on or before the first day of each and every month during the term of this lease for Property It outlined on Attachment A; the sum r,f one thousand fifty 00/100 dollars ($),050.00) per year, Payable in twelve (12) equal monthly installments in the sum of eighty-seven SO/100 dollars ($87.50) its advance on or before the first day of each and every month for a period of thirty-six (36) months, or until any portion of Property III is developed, which over comes first for Property Ill outlioad on Attachment A. After the expiration of the thirty-sixth (',6th) month of this lesse or upon the development of any portion A Pro- perty till whichavet occurs earlier, the land rental for Property III chili be the sum of six thousand one hundred 'twenty-five 00/100 dollars ($6,125.00) per year, payable in advance in twelve (12) equal monthly installments in the out of fl-fie hundred tan LEA$8 AGREQlElT AIRPLARESt INCOkPOM ~`C1PAC8 lisarss,ssrsr' fir' f, R~,. -.d 777 i. i, f x •a~. i naaI y, a ;f r" s a. ~1~ " . s I~ i 9 .f r 41/100 dollars ($510.42) its advance, on or ~eforo the first day of each and every month for the temaindar of this lease. B. LESSOR IMPROVEMENT RENTALS, Not Applicable4 C. HANGAR AND TIE-D% FEES, Lessee shall pay Lessor ten percent (10x) of all hangar and tie-down rental fees collected by the Lessee from customers renting Lessee's hangars or renting tie-down facilities on Lessee's pro- mises each calendar month during the term of this agreement. All rentals and fees shall be paid monthly to Lessor on or before the 15th day of each month during the term of this agreement. All such rentals and feos shell be accompanied by records showing the date and location on the Airport where the aircraft was hengared or parked and the tail number, or side number, of tho aircraft. D. FUEL PEES, Ler;r6 shall pay Lessor five percent (05x) of the wholesale price per gallon of all fuel delivered to the Lessee including fuel used by the Lessee. All fees shill be paid monthly to Lessor on or before the 15th day of each month during the term of this agreement. All such fees shall be accompanied by records showing the time, date, number of gallons delivered and the name of the fuel supplier. It is expressly understood and agreed that the non-exclusive right to conduct aeronautical activities for furnishing services to the public, including the delivery of fuel into aircraft is granted to the Lessee subject to the provisions set forth herein and all applicable Ordinances of the :it, of Denton. E. PAYMENT j pFULIY, ADJUSTME39, All payments due Lessor from Leemee shall be delivered to the Airport Manager, unless otherwise designated in writing by the Lesbor, Payments which are sate than 15 days past due shall be aisesmad a penalty of, one-half (1/a) of one percent per day,:cae- LEASE AORZEMENT/AIAPLANEB, INCORPORATED/ PACE 8 Al t # , < Y' ya 1j,~ ' ' y: ~r~ ~~.i , 1 5 i pounded daily, for each day or fraction thereof which the payment or fee is more than 15 days past duo, The yearly rental for land and improvements heroin leased shall be readjusted at the end of each five (5) year period during the term of this lease on the basis of the proportion that the then current All Urban Coneumer Price Index (CPI•U) for the Dallas/Fort Worth, Texas, Standard Metropolitan Statistical Area, as compiled by the U,S. Department of Labor, Bureau of Labor Statibtics bears to the April, 1985 index which was 335.6 (196) • 100). The land rental amount is now based upon three and the half (03.5) cents per square foot per year for the land heroln leased. These four (4) rental adjustments, if any shall occur on the following dates: March It 1990 March 1, 2000 March 1, 1995 March It 2005 F. RECORDS: Lessee shell keep and maintain accurate records of wholesale fuel delivered under this agreement, and parking and hangar fees collected, for a period of three (3) veers from the date the record is made, Such records shall be kept according to generally accepted accounting principles. Lessor or its duly authorised representatives shall have the right at all reasonable times during business hours to inspect the books, records and receipts of Lau ee, for the purpose of verification. 0. ANNUAL STATEMENT: ..'ithin sixty (60) days after the and of each calendar year,, Lessee shall furnish to Lessor a certified statement of fuel deliveries, and parking and hangar fees collected during the precdding calendar year, Lessor reserves the rip t to audit said statement and Lessees books and records, ineludieg examination of the general ledgor add all other supporting- material, at any d LLUE ACALEMM/41AP .AM, INCOWAA gb/tAOE 9 fill x M. A 9Y If\_ fY v.v t .~.t r ~~~VA. ei'^v t. Y,~ ~S' i ♦ ~j, v f c P, it reasonable time during uusiness hours, for the purpose of verification. If the audit establishes the Lessee has understated or overstated fuel sales, parking fees, or hangar rentals collected by five (S) percent or more, the entire expense of said audit shall be borne by Lessee. Any additional payment due from Losses shall ;brthwith be paid to Lessor, with interest thereon at one (1) percent per month frog the date such amount originally became payable to Lessor. Any overpayment' by Lessee shall be credited 1 against further payments due to Lessor. Either party may refer the results of the audit for resoiuton in accordance with Paragraph H (Disputes) below. H. DISPUT M If any dispute arises as to fuel deliveries or hotngsr or parking fees collected, one-half (1/2) of the amount claimed due to Lessor shall be paid forthwith and the disput,, shell be sub- mitted to three (3) certified public accountants, one to be selected by Lessor, one to be selected by Lessee and the third to be chosen by the first two accountants selected who shall, by majority vote, determine the rights of the parties hereunder in conformity with generally accepted accounting principles. The fees due said accountant for such service shall be paid by the unsuccessful party, or in the event the determination is partially in favor of each party, the fee shall be borne equally by the parties. V. RIGHTS AND OBLIGATIONS OF LESSEE A. REQUIRED SF.RViCESs Lessee is required and is hereby granted the non-exclusive privilege to engage in the buiineas of and provide the services of a full and complete fixed base operation at the Airport, subject to the following requirements and obligations 1. uel. To have availaD:c those grades and octanes of aviation gasoline, jot fuel acid other petroleum products normally MSt AMEM&tIAIAPLANW, 1NCOMIATINPACC 10 f{~K A, ~.r`.'1 n .~~4!14~ ~ ~i.r:d+ ;rtr SM 'i.1 {wa `„~N `+o l t~.' r i6 r r g found at similar airports, and to provide ramp; services including the sale and into-plans delivery of those aviation fuels, lubricants and other related aviation products, and to prov.lde aircraft guidance and assistance within the areas of the leased premises, at least during daylight hours, sunrise to sunset, three hundred sixty-five (365) days per year. All fuels shall be a nationally known brand approved by the Leasor and shall be made available either by tank truck, stationary pump or other suitable equipannt approved by the Fire Marshal of the City of Denton and the Airport Manager; and all storage tanks for gasoline and other aviation fuels shall be placed underground in accordance with the provisions of the Fire Code of the City of Denton. All fueling operations and all fuel facilities owned or operated by the Lessee shall be in compliance with the Minimum Fueling Standards Ordinance of the City of Denton. All prices for fuels and other petroleum products shall be posted in full public view at all times. 2. Ramp Services. To provide ramp servicing of, and assistance to, aircraft, including parking, atorage and tie-down service, for both based and itinerant aircraft upon or within facilities leaa2d to Lessee or other areas designated by the Lessor ut least during daylight hours, sunrisa to suneet, three hundred and Sixty-five (365) days a year. 3. Maintenance. To provide for the repair and maintenance of ossed and itinerant aircraft at a ainimum of during normal business hours and days. Lessee agrees to maintain and operate a repair station approved by the federal Aviation Administration (FAA), with the ratinge as follower 1. Limited Airframe 2. Limited Fgine 4. Pilot Lounge. To provide customary accomodations for the convenience of users, including pilot lo'inge Tree, informational rervicaa, telephoce service connattioos'to the Flight Service LgA~$ ACALdhtN'I'/A1RP1,J<<NRg j 1lICOAfORATt.D/PAdt 11 qR~ ~"n~a4 + r~+ I wr r S! *F, 'r: v t o tai t r a e ;'i r e c:•.. N r a R 5i5 Y I ~l,!' 1' 'a u T 1, . rv v ~h I tti, r' -,iw~ t 1• r1 •t 5 ~ ~ t r 'F t: S J ] .a 1 7. 1' j . e I. RI 4 Station at least during dayl.ght hours, sunrise to sunset, three hundred and sixty-five (365) days a y4Ar. 5. arts. To provide for the sales of aircraft and engine harts acd instruments and accessories at least during normal business hours and days. 6. Dealership. To provide and maintain on the airport a new aircraft dealership or distributorship, together with. the facilities, personnel, parts, services, and, at least, minimum inventory of FAA licensed aircraft required for such a dealership or distributorship. B. AUTHORIZED SERVICES$ In addition to the services required to be provided by Leases pursuant to Section V Paragraph A, 1 through 7 (Raquired Services) above, Lessee is hereby granted the non-exclusive privilege, but is not requited, to provide the following services and to engage in the following activities: L. Ramp services, including loading and unloading of passengers, baggage, mail and freight, and providing of ramp equippcant, aircraft cleaning and other services for persons, flame or air carri%re. 2. Spacial flight services, including but not limited to aerial sight-seeing aerial sdvartisir.;; aerial photo- graphy and aerial ambulance operations. Sale of used aircraft. 4. Rental (of airctafte 5. Aircraft charter operations. It is expressly understood and agreed that those Larvicas which are authorized, but not required, shall be subordinate to those required services listod in Section A of this Article. C. Operating Standards. In providing any of the required and/or authorized services or activities specified in this Agreement, Lessee shall operate for the ura and benefit of the public anu shall meet or exceed the following 6tandarda: 1. Maannager'L Lessee shall select, appoint, and deni$Snate to esL- or in writing, a fuli•tiss Manager of buainese at LEASE AARXENENT/AIRPLANES, INCAMRAUD/PACE 12 Y t as i ~1, ~ iy A ~r x.l t n ti 77 c 1 ~'i d WT the Airport. The manager shall be vested with full power and authority to act in the name of Lessee with respect to the method, manner and conduct of the operation of the fixed base services to be provided under this agreement. The manager shall be available during regular business hours and during the managger a absence a duly authorized suboidin4te shell be in charge and available during daylight hours 365 days a year. 2. Fm to eas. Leases shall provide, at its sole expense, a su c ent number of employees to provide effectively and efficiently the services required or authorized in this Agreement. 3. Employee Qualifications. Lessee shall control the Conduct, emeanor an a pearknes of its employees, who shall possess such technical qualifications and hold Buell certificates of qualification as may be reqquired in carryirgg out assigned duties. Lessee shall be responsible to suporAss its employees to assure a high standard of service eo customers of Lessee. 4. List of Aircraft. Lessee shall file and keep current with the rpoc Manager a list of its 'tenants and Sub- lessees and a list of the aircraft owned and/or leased by the Lessee. 5. Utilities Taxes and Fees. Lessee shall meet all expenses- and Phymen s n connection with the use of the Premises and tho, rights and prLvileges herein granted, including the timely payment of utilities, taxes, permit fees, license fees and assessments lawfully levied or assessed. b. Laws. Lessse shall comply with all current and future ~'ral, state and local laws, rules and regulations which may apply to the conduct of Susinest contemplated, including rules, regulations and ordinances romulgated by Lessor, and Lessee shall keep in effect and post in a prominent place all neceassey anal/or require4 licenses or permits. 71 Hetntenance of Property, Lessee shell be responsible or the maintenance, repair and upkeep of ell propertyi buildings, st:vetures and improvements, including tha mowing or elimination of grass and other vegetation on the Premises, and shall keep said Premises neat, clean and in respectable eonditiun, free from any objectionable matter or thing. 1. 7nauthorits1 use of Premises. Lessee say not iota any of a ease an as preen Bes or the operation of a motel, hotel, restaurant with on-premises food preparation, private club or bar, apartment house, or for industrial, commercial or retail purposes, except as euthoritod herein. 9. Dwellinits. It is expressly understood and agreed that no permanent dwelling or domicile may be built, moved to or established on or within the leased premises nor may the Letsea, his tenants, invitaes, or guests be permitted to reside or remain as a resident on or within the leased promises or other Airport promises. LUSS AGR ERNT/AIRPLANEg, 2NCOOGRA EO/PAGE 13 -^r ~~~i.w r~.Y7 ',rv . , T~l k ' t , !4 10. i Possession. Lessee shell quit possession of all promises ease herein at the and of the primary term of this lease ur my renewal or extension thereof and deliver up the premises to Lessor in as good condition as existed when' possession was taken by Lessee, reasonable wear and tear excepted. It. Hold Harmless. Lessee shall l,edamnify and hold harmless thie"Lessor-'Erom and aggainst all loss and damages,. including death, personal injury lose of property or other damages, arising or resulUng from the operation of Lessee's business in and upon the leased premises. 12. Chemicals. Lessee agrees to properly storo, collect and spar ode of all chemicals and chemical residues; to properly store, confine, collect and 'dispdse of all paint, including paint spray in the atmosphere, and pains productsl and to comply with all Local, State and Federal regulations governing the storage, handling or disposal of such chemicals and paints. D. VENDORS AND SUPPLIERS: to providing required and/or authorized services pursuant to this agreement, Lessee shall have the right to choose, in its sole discretion, its vendors and suppliers, except as provided in Section V Paragraph A Subparagraph 1 (Fuel) herein, E. SIGNS During the term of this Agreement, Lessee shall have the right, at its own expense, to place in or on the leased Premises signs identifying Lessee. Said signs shall be of a size, shape and design, and at a locatito 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 Agreement. Notwith- standing any other provision of this agreement, said signs shell remain the property of Leases, Lessee shall remove, at its expense, all lettering, signs and placards so erected on the premises at the expiration of the term of this Agreement. VI. COVENANTS by LESSOR Lessor hereby agrees as follows: A, peaceful Enjoyment, That on payment, of rent, fats, and performinte`of the covenants and agreements on the part of Lessee LEASE AGMEMf:Nt/AIRP1. tS, INCORPORATED/ PACE 14 -=`lv"i~y r*~.; cy' I~~ti r~~ qh,~ J` fa.~~y A !Y r~ u.y rrrri 'I ~a:9; a\ ~ r',i:'r~i a ~ x} ~~iA~ e'rR l'R'Tr a ~i4~: 5 ra f.. t ~ - . % ^a to be performed hereunder, Lessee shall peaceably hold and enjoy the leased premises and all rights and privileges herein granted; 8. Compliance. Lessor warrants and represents that in the ratablishment, 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 tither go: rnnental authority relating to and including, but not limited to, noise abatement, air rights and easements over adjoining and contiguous areas, over-flight in landing or takeoffs 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 take-off and landing procedures from sai.i Denton Municipal Airport; Lessor further warrants and represents that at all times during the term hereof, or any renewal 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 terse and conditionst 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 Airports Lessee hereir agrees to limit all aeronautical activity including landing, take-off ant` taxiing, of all aircraft. 'caving in actual valght, including the weight of its fuels of mom than sixty thousand (60,000) pounds, to no more than two (2) operations per year, until such time that the runway and designated taxiways on the Airpor have been improved to handle aircraft of such excessive weights. At no times until such time that lmprovacants are made to the runway and taxiways on the airport, shall, an aircraft having an actual LLUE ACAEENUR/AIRPLANIAs I8CORPO1tAT9D/PAOt IS Yt T1 A~'13~°~"~M A • Mfr i~n.< k1'~$ 41'~1 ! ,;;:~er4a's 'u , x,y'~, Ir f+_r. - r 71 . weight, including the weight of its fuel, of more than one hundred eeventeln thnusand (117,000) pounds be permitted to lend, taxi or take-off from the airport. It is further agreed that, based on qualified engin*sring studies, the weight restrictions and provisions of this clause may ba adjusted, 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 invitees, but shall not include those activities over which it has no soliettory part or control, such as in unsolicited or~' unscheduled or emergency landing. Negligent disregard of the provisions of this section shall be sufficient to cause the immediate termination of this entire Agreement and subject the Leases to be liable for any damages to the Airport that might result. VIII. LEASEHOLD IMPROVEMENTS A. REQUIRED IMPROVEMENTS: As part of the consideration for the privilege herein granted, Lesaea is required to and hereby agrees to construct or otherwise make improvements to the premises, as specified herein, but not limited to, the followingt 1. The construction of an aircraft hangar of at least 10,000 square feet in site with related office and pilot lounga space. 2. Related aircraft ramps and taxtvaps designed and constructed to Airport standards and specifications. Within ninety (90) days from the eomaencement of this losses Lessee shall provide Lessor with tentative plans for the develop- tent of the entire premises herein leased together with a tentative tine table or schedule for said development. Should said develop- ment iot occur within the specific time limits mutually agreed upon by and between Lessor and Lessee, Lessor shall have the right to cancel the lease on all non-developed portions of said lease after a thirty (30) day written notice to Leases to cure such a default. LLAS6 ACkEENENT/AIRPLANES, INCOUOQATED/PAQE 16 TF, I. Plane. Lessee agrees that it shall within one hundred aTgTity (IbO) calendar days from the date of this Agree- ment, submit to the Lessor, far approval, detailed plans and specifications for the above listed initial proposed leasehold improvements, Lessor agrees that it shall either approve the plans and epeeifications as submitted, or transmit proposed revisions to Lessee, within forty- five (45) calendar days of receipt of the plans and specifications from Lessee. In the event that Lessor requires revisions of the original plans and specifica- tions, Lessee shall have fortyy,five (45) calendar days from the date of receipt of the propposed revision$'to resubmit the plans and specificationa for Lessor's approval. Such, approval shell not be withheld unreasonably. Construction shall commence within one hundred eighty (160) calendar days of Lessee's receipt of Lessor's final approval of the plans and specifica- tions, and shall be scheduled for completion not later than three hundred sixty-five (365) days after commence- sent of construction. B. AIWTIONAL REQUIREMENTS: Before 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 shall establish that the improvements to be built or constructed upon the lease premises are in conformance with the overall size shape, color quality and desiggn, in appearance anA structure, 01 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 byy its City Council, has approved the plane and specifications and the location of the improvements, the estimated costs of such construction, and the agreed estimated life of the build- ing or structure. Approval by the City Council shall not be unreasonably withheld; should the City Council fail to deny the Lessee's plans and specifications within sixty (60) days of submissions such plane ■nd specifica- tions shall be deemed approved. Documentary evidence of the actual cost of construction of public improvements shall be delivered by Lessee to Lessor's City Manager from time to tine ea such costs are paid by Lessee, and Lessor's City Manager to hereby authorized to endorse 3 on a copy of this lease filed with the City Secretary Lessor such actual amounts as he shall have found to have been paid by Lessee, and the findinSi of said City Hanser 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 hire- in leased, at its own cost and expemsej'buildings, hangars, and LEASE AOREEHLNT/AIRPLANLS, INCORPORATED/PAGE 17 structures, that Lessor and Lessee mutually agree are necessary for use in connection with the operations authorized by this lease, provided however, before commencing the construction of any improvements upon the premises, Lessee shall submit specifications as specified in Article VIII (g) above. D. OWNERSHIP OF IMPROVEMENTS: All buildings and improvements constructed upon the premises by Leases shall remain the property of Lessee unless said property becomes the property of Lessor under the following conditions, terms and provisionst 1. Removal of Buildings. No building or permanent fixture may be remove the premises. 2. Assumption. All buildings and improvements of whatever nature remaining upon the leased premises at the end of the primary term of this lease or, if renewed, at the and of any renewal hereof, shall automatically become the property of Lessor absolutely in fee without any cost to Lessor. 3. BBuuildin Life. It is agreed that the life of the ubildinng-to be constructed by Leases on the property herein leased is twenty-five (25) years, 4. Cancellation. Should this lease be cancelled for sty reason SoPo`re the end of the twenty-five (25) year term, it is es racially understood and agreed that Lessor raserves the right to purchase all buildings, structures and improvements then existing upon the premises by tendering to Lessee one twenty-fifth (1125th) of the undepreciated value of suet building for. each year remaining on the agreed .V % of such building. The undepreciated value of all improvements is to be determined by having such improvements appraised by three appraisers; one appointed by Lessor, one appointed by Lessees a" one appointed by the two appraisers. IX. MROGATION OF MORTGAGEE Any person, corporation or instlc.:ion that lends money to Losses for construction of any hangar, structure, building or improvement and retains a sceurity interest in said hangar, structure, building or improvement shall, upon default of Lessee' obligations to said mortgagee, have the right to enter upon said leased premises and operate or manage said hangar, structure, building or improvement accordlag to the terns of this Agreement, for a period not to exceed the term of the mortgage with Lessen, LEASE AdAEMENT/AlkPLANE90 INCORPORATED/PAGE 18 or until the loan is paid, in full, but in no event longer than the , primary term of this lease, or any extensions hereof, whichever occurs earlier. It is expressly understood and agreed that the right of the mortgagee referred to herein is limited and restricted to those improvements constructed with funds borrowed from the mortgagee. X. RIGHT 08 EASEMENT. Lessor shell have the right to establish easements, at no cost to Lessors upon the leased ground space for the purpose of providing utility services to, from or across the airport property or for the construction of public facilities on the Airport. However, any such easements shall not interfere with Lessees& use of the leased premises and Lessor shall restore the property to its original coudition upon the installation of any utility services on, in, over or under any such easement or the conclusion of such construction. XI. ASSIGNMENT OF LEASE Lessee expressly covenants that it will not assign this lease, convey more than forty-nine percent (49%) of its stock, deemed herein to mean the controlling intereaC in Aitplanes, Incorporated, to petsons or entities other than DENJAHIN A. DENNITT or JOHN M. PINSON, nor sublet, assign, transfer, nor license the wholo'o. any part of the said promisee for any purpose, except for rental of hangar space or tie-dos-, space, without the written consent of Lessor. Lessor agrees that it will not unreasonably withhold its approval of the sale or sublease of the facilities for activities directly related to Lessee's activities or operation= provided, hcwever, that no such assignment, sublease, transfer, license, salt, or otherwise shall be. approved if the rental, fees or payments received or charged are in excess of the rontal or fees paid by Lessee to Lessor under the terms of this lease, for such portion of the premises proposed to be assigneds subleased, LEASE ACRUMENT/AIRPUXES, INCORPORATED/PAGE 19 err r~~ n' [4 y ~ r6G~ r ° ~+j a cc V }."W n f; 'x ~ Y _ v e. 'l M Y 1rc1 1 1 Ali .r A A YY .r ^T+~`~ 4L~ i '9 `•~~n i~ ~ ~ t~ Jt~ I'.~ ~a~ ~I ~I'+." 1 f ~ ~ { ~rT~ i! i Y11 a 1 transferred, licensed or otherwise. The provief.ons of this lease shall remain binding upon the assignees, if any, of Lessee. 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 premised, the Lessee or its company, its personnel and its operations on the airport. 2. Aircraft Liability to cover all flight operations of Lessee. 3. Fleet Liability covering all vehicle operations of Lessee. 4. Produ.:te liability coverage for completed products and maintcnance operations. 5. Liability coverage for errors and omissions on the part of the Lessee or its officials or etployeas. 6. Fire acid extended coverage for replacement value for all facilities used by the Lessee sithlr as a part of this agreement or erected by the Lasses subsequent to this agreement@ 1. Liability insurance limits shall tie in the following minimum smountes Personal injury: $5000000 per person/;1,000,000 per occurrence Property damages =2,000,000. 81 All policies shall name the City of Denton as an additional named insured. 9. All policies must be approved by the City of Denton. XIII. LESSEE AS INDEPENDENT CONTRACTOR In conducting its business hereunder, Lessee seta sit an inde- pendent contractor and not as an agent of Lessor. The eeleetion, retention, assignment, direction and payment of Lessee's employees shall be tho sole responsibility of Losses, subject to the pro- visions of Section to Paragraphs E, L sad 2, (Affirmative Action) herein, and Lessor shall not attempt to exercise any direct control over the daily performance of duties of Lessee's employees. LEASE AGREEMENT/AIRPLANES, INCORPORATED/PAGE 20 r10 i tl M.) VI~q ti q.d v' t f 4 1 iS'' 1 N` T XIV. CANCELLATION by LESSOR In the event that Lessee shall file `a voluntary petition in bankruptcy or proceedings in bankruptcy shall be instituted against it and Lessee thereafter is adjudicated bankrupt pursuant to such proceedings, or any court shall take jurisdiction of Lessee and I its assets pursuant to proceedings brought under the provisions of any federal reorganisation act, unless cancellation by Lessor In E prohibited by applicable law in effect at the time of filing such proceedings, or should Lessee be divested of ire %..tate hl;r.7Si, by other operation of law, or should Lessee fail to perform, keep and observe any of the terms, covenants, or conditions heroin contained, or on its part to be performed, the Lessor shall give Lessee written notice to correct such condition or cure such default and, if any condition or default shall continue for thirty (30) days after the receipt of such notice by Legate, 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 ail structures on the leased premises under the provisions of Section VIII paragraph C (Cancellation) hereof. XV. CANCELLATION BY LESSEE Lesaee may cancel this Agreeaent, in whole or part, and f terminate all or any of its obligations hereundor at any time, by thirty (30) days written notice, upon or after the happening of an one of the following events; (l) issuance by any court of competent jurisdiction of a permanent injunction in any way pro- venting or restraining the use of se+-* airport or any substantial part thereof for airport purposes; (2) the breach by Lessor of any of the covenants or agrcrments contained heroin 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 breech= f (3) the inability of Lessee to use said premises and facilities continuing for a longer period than ninety (90) days duo to any LEASE AGREENW/AIRPLANES, INCORPORATED/PACE 21 . w~ P 1K1 V i [ r" 1.° C " U i :'i r 4 v G Kd' ~'a" r v r lsw or any order, rule or regulation of any appropriate govern- mental authority having jurisdiction over the operations of Lessor or due to war, earthquake or other casualty; or (4) tho assumption or recapture by the United States Government or any authorized agency thereof the maintenance and operation of said airport and facilities or any substantial part or parts thereof. XVI. MISCELId&NEOUS PRovISIONS A. Entire Agreement. Thi. Agreement constitutes the entire understanding batween the parties and re of its affective date supersedes 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. Sindl.np. Cffect. All the covenants, stipulations and agree- ments herein and applicable Federal and State laws, regulations and City ordinances shall extend to, bind and inure to the benefit of the legal ropresentativee, successors and assigns of the respective parties hereto. C. Severabtlity. If a provision hereo: shall be finally declared void or illegal by any court or administrative age,tcy having jurisdiction, the entire Agreement shall not be void; but the remaining provisions shall continue in effect as nearly &a possible In accordance with the original intent of th9 parties. D. Notice. Any notice given by one party to the other in connection with this Agreement tall be in writing and shall be sent by registered mail, return receipt requested, with postige and registration fees prepaids 1. II to Lessor, addressed tos City Manager %;ity of Denton Denton, Texas 76201 2. If to Lessee, addressed to, Airplanes, Incorporated P. 0. Box 2417 Harker Hoightay Texas 76543 LEASE AGREEMENT/AIRPLANES, INCORPORATO/PAOI 22 E~.:.{1 lY~d ~'iI F.tal kt r4t J~ I: 4 Y -~tr pp ^.Mt, i• 1 a f t'g ,h,'. tt I . • A'r ~ 4 ~i W -v t 99 Notices shall be deemed to have been received on the date of receipt as shown on the rat-irn receipt. E. Headlaas. The headings used in this Agreement are intended for convenience of reference ortly and do not define or limit the scope or meaning of any provision of this Agreement. F. Governing Law. This Agreement is to be construed in accordance with the lave of the State of Texas. 0. Effective Date. The effective date of this lease agreement shall be April 10 1985. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. CITY JF LENTON, TEXAS, LESSOR BY: RICHUF U. SMART, MAYOR ATTESTi CITY OF DENTON,lTEXAS APPROVED AS TO LEGAL FORM, DEBRA ADAHI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS I A. BENJAMIN A. BENNITT, :.NDIVIDUALLY AND AS PRESIDENT OF IsIRPLANES, INCORPORATED, LESSEE BYi LEASE AGREEMENT/AIRPLANES, IRCUPORATID/PAGE 23 J•lit :M4q~j; ~ ';~?y.~.7'¢'5e"F"c'-.. v r ~~'%•~j.w/~w/~~'~ '}tip{/ ~ ~ 7 e`A (C"rtt'fvc. of T,,fp Pot WA r l ••pt 6 ~ C) R~fCIltNtt POI NY FAOrtAr1 IIEATI :s Lt'st ivy, ~{t~ ;'i< d- a^ r r A7racy"ti«nr ~q i!N rsuw► i C-e ?oil I \ 1 1 rr 1 i 1 M i 1 77 ;3 ! t 1111 i ; (1 r r \ ' 1 • 1%" \ 1 1 1 \ k x,.12 9 'k ' ~ MIl~'I*fE.4 AIRPORT AbvibuBY BOARD JUNE 26, 1985 REGULAR CALLED MEETING OF THE CITY OF DENTON AIRPORT ADVISORY BOARD, WEDNESDAY, JUNE 26, 1985, AT 600 P.M., IN THE FINANCE CONFERENCE ROOM OF THE MUNICIPAL BUILDING. MEMBERS PRESENT: Arno, Carrell, Hayward, Keith, Smith, Wright MEMBERS ABSENT, Garland OTHERS PRESENTS Pat Hughes of the Fighting Air Commandy Bruce Cardwell and Clint Lynch of the City Staff 1. The Board considared the minutes of the special called meetings of May 8, and June 17, 1985. A motion was made and seconded to approve the minutes as written. The motion carried unanimously. 2. The Board considered the commercial lease for Mr, Craig Time and Mr. Jim Coursey. A motion was made and seconded to recommend to the City Council the approval of i;a lease as written. The motion otrried unanimously. 3. The Board considered a commercial lease agreement with Airtech industries. Unfortunately# because the finished document was not ready at the time of the Board meeting, only highlights of the agreement could be discussed. The Board requested of the City staff guidelines in a column format outlining the suggested dis- tinctions between private, commercial and fixed base operator leases. 4. The Board considered recommending approval of the amendments to the Benjamin bmnnitt lease agreement. After some discussion on the first right of refusal clause, the Board moved to table item until executive session. 5. The Board considered the selection of new officers to the Airport Board. Because the appointment notices from the Council had not been received at the time of the meeting, the Board moved to delay the selection of officers until the July meeting. The board agreed that the selection of officers would be by written proposal. 6, The Board considered the Airport Manager's report in which Accel- erated Christian Educations' continuing efforts to find a location on the airport was discussed. The status of the unicorn radio AIRP01tT ADVISORY BOARD MINUTES 3uno 76, 1985 Page 2 + together with the status of the new ramp and the construction project overrun dispute were reviewed, The Nirpot Manager also pointed out that with the approval of the Airtech lease, no addi- tional property could be leased on the airport witbout the con- struction of a new taxiway. The Board Asked the City. Staff to draw and prepare a draft of a resolution for a propoeed'tatiway'and other improvements on the southeast side of the airport for possi- ble recommendation,tn the City Council, 7. The Board suet in executive session to discuss legal .and real estate vat'•srs at 700 P,M. The Board reconVJ-,ed in open session at 0155 P.H. A motion was made and seconded to recommend to the City Council the approval of the amendments to the Bennitt lease. With no fuither 'business, the Board adjourned at 9 00 ~I - 1A yi. eW'ir. ie.-r• 4a. -0'.#.u it ky ;a F "id~1 '~'°i rr i. tr"';'"' .rs~FF ter i/ z d. F r"i v s d ¢ 1 r ' i ~ . y'o-i n L a. .~n,a 4 A art` qua" ' 4 ..y ! 1 is J DATg3 07/16/85 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: Preliminary Plat of the Med-Tex Subdivision, Section II, Lot 31 Block A RECOMMENDATION: The Planning and Zoni+.ig Commission recommended approval by a vote of 5-0 at its meeting of July i0;" 1985. SUMMARY: BACKGROUND: PROGRAMS, DEPAP.TMENTS OR GROUPS AFFECTED: FISCAL IMPACT: Reag tP= szgek 0 r s Hartung City Manager Prepared by: David Ellison Senior Planner APPr e !WU Jeff Mo Diegotor M'PlAnning and Community Davoldpment A !f Nom' 'J 4~° 1t "Pa °c '~f,~ .,~5're~ a 1i x`~MS 17. '~z t J y 1 .i;l afj i o S L City Council Agenda Back-up Summary Sheet Meeting Dates July 16, 1985 Subjects Preliminary plat of the Med-Tex Subdiviaidn, Section Ii, Lot 3, Block A Summary: This 4,844 acre site begins adjacent and West of Bonnie Brae between Scripture and West Oak, A request for Planned development (pD) zoninj permitting a 50 bed acute care hospital has been recommended-for approval by the Planningg & Zoning Commission. The City 'Council will make a decision on the zoning At its meeting of July 16, 1985, Access ij proposed from Bonnie Brae, an improved primary arterial street, Existing 10" sanitary sewer service is available at the rear of the site. A 16" water line existing along Bonnie Brae and the south property line will be com- bined with a new 6" water line at the rear of the site to form a loop system. Plans.for drainage include off-site improvements. Ade- quate electrical, gas, and telephone services are available. Action RequIreds Approval of the preliminary plat Recommendations The Planning and Zoning Commission recommends approval, Attachments Reduced plat Vivid E13.180n___ Senior Planner .N l a I ~ (J 4 E I LOT Ir,oex f I t..fr,,..`,i of. . .7. ^'~^aatitwr ~r i~ _ _ .:..mma~~ r ~ I I 1 I I j 1 I 1 ' ur wi wr rM .wr r.r rn W IMNI. IM • on 1k -Aft Now WAIII R C 1D MAYO 1 1985 y.',,,. $s r' ~~'~y,,~~~ „a•',. r ; ~:r' ~..,n,s . r: .G K~. ~ e'w Iii +Y~`"'"{'~.-~ =^+l'~' n „S ^4 q': I K s 4 r CITY opf DENTON, TEXAS MUNICIPAL 8ilILOINO / DENTON, TEXAS 70201/ TELEPHONE (8 i7) 500.0301 Office of the City Manager M E M O R A N D U M DATE: July 100 1985 TO C. Chris Hartung, City Manager PROM: Rick Svehla, Assistant City Manager SUBJECT: Variance Request by Rev. Haygood During the second City Council meeting in May, 1985, Rev. 4aygood approached the Council seeking a variance on 10 acres it the northwest corner of Bonnie Brae and Windsor. Rev. Naygood indicated that there were initially problems with the flood plain. Indeed at that time our maps, which were the approved maps from PErlA, showed that the flood plait, encroached on the large portion of the lot in question, Our staff did tell him at the time that there were flood plain problems and that in order to build in that area, he would have to raise his slab and fill if it were in the flood fringe, or he would be unable to build in total if the structures were proposed to be in the floodway. They also advised him that since the flood plain didn't cover the whole 10 acres, structures could have been built on the northern part of the tract. At that time we did have perimeter street paving as a requirement if the property was to be platted, We also had requirements on drainage improvements, Rules about platting were not in place at that time, If the Rev. Haygood had decided to raise his building and build in the flood fringe, or if he chose to move the building out of the flood plain and build, those would have been allowable options at that time. Since there waa: no requirement for platting at that time, he would not have been required to pave half of Bonnie Brae or Payne Drive, However, 1 am sure staff would have still required drainage improvements on the property$ Early last year, the Council appointed a blue ritbon committee to help pass a bond issof. The committee worked long and hard on ways to include as many projects into the proposal as possible, One of their main concerns was using as much ker . r.ni ,1'~ k Haygood Variance Memo Page 2 July 10, 1985 developer participation as possible. The committee as a whole was in favor of using perimeter paving to supplement reconstruction wherever possible. This influenced th,+ r decisions in several areas of town, including Audra Lane, Woodrow Lane, Scripture, Oak Street, to name just a few. Council may also recall that that is one of the reasons that sections of Bonnie Brae and of Oak were put toward the end of the proposal, so that if development occurred, we could take advantage of perimeter paving, In conclusion, staff has always recommended ana been in favor of paving perimeter streets. Indeed, that was the reason for the initial inclusion of perimeter street paving in the Code of Ordinances. There were alternatives for the church to be built. on different parts of this property that were out of the flood plain or areas that could have been raised out of the flood pain. That could have been done as early as 1979 or 1980. The church chose to wait; our subdivision rules and regulations were changed. Staff would again recommend that the church be required to pave half of Bonnie Brae and half of Payne Drive or to bond the improvements, or to escrow the money, If you or the Council have any furthe questions, we would be happy to try and respond to them. C bYG a Assistant City Manager ji 2411M A,v f + Y, F µC T o City of De Wsi City Council Minutes fleeting of May 14, 1985 Page sloven Mr. Ali A2-Xhafaji, 623 shat University Drive and the owner of the lot, spoke in favor of th6 petition. Mr. AI-xhafaji stated that he did not want to develop the lotj it was for -Sale. A small manufacturer from California was supposed to buy but was scared `away because someone At the City of Denton told him it trould take !180000 to improve the lot. He decided to develop instead of continuing to just pay taxes. The contractor had, plattod the property, The had beenddug then gqand he woods h d ter f clear d.wo is had City hadn thentCrequir to a Metter froal thelrengineera to verify that this lot had been filled, He had now come to the conclusion that they were doing public work, The City had misoalculated in the early 1970's when drainage facilities had been installed. He did not want to clean up someone oleo's mistake which was not even in front of his property, fir. Mike Rubalys Pyramid Engineers and Designers, spoke' in favor of the petition stating that the area was very small, only 1 sere with appflow of 1.4 CPS. The flow was away from the property. It was his was th0 cityehaIttwas not hie client's responsibility#d hi contribution to the run off would be small, Mr. Al-Khafaji was dedicating a 45 flat easement. Mrs Robert Mason, 1014 Edinburg Lane, spoke in favor of the petition stating that he had found Mr, A1-Khafaji to be fair in dealing with the neighbors, Mr, Mason stated that he would like for the Council to give favorable consideration to the request, No one spoke in opposition. The Mayor closed the public hearing, Cecile Carson, Urban Planners reported that 4 reply forms had been mailed with 0 returned, She distributed a memorandum from City Engineer Jerry Clark which had been given to the Planning and Zoning Commission concerning the variance. Mr, A1-Khafaji had a final plat approved in 1984 at which time he had agreed to the -drainage improvements on the property, in March, 1985 a variance was granted to the Bell Addition located to the north of this 'tract, The property in question, the Bell Addition, was a redevelopment of an existing lot of record, Mr, Al-Khafaji drainage proble# was one that the staff and Planning and Zoning commission considered a very important issue. There was a drainage problem in this area .bad or had several !proved developers the to drthe south had ainage, The Plcninge end y Zoningr Commission examined the 8 conditions for a variance listed in the subdivision rules and regulations and concluded that 7 of the 8 were not met. The regulations state that all 8 conditions must be Wit before a variance could be granted, Council Member McAdams stated that she appreciated the owner's concern regarding cost/ however, there were a number of tracts of land which one could choose to purchase which would be expensive to developp due to problems which were inherent with the property, if this piece of property was carved off another tract and porches d as i then the t was, if the property owner did not do the drainage developmant, have to pay, This didnnotti the fairt a e he eitirens didtnotnbenefit from t%e profit Of the property. McAdemd motion, Chew second to deny the request for a variance. Motion carried 5 to i with Council Membr.i Hopkins Casting the 'nt,y* Vote, C, The Council considered the petition of J, P, Haygood regdssting a variance of Articles, 4,03 and 4,15 of the it of Denton Subdivision and Land Development Re ulations tequitin p cialtet street and drainage improvdohtS, firm tract "1 10,08 cl i'- 2 4 'aY' i `:A i ,i ..i j.. n• 4 r'.. i i . A f s HS, w y City Of Denton City Counotl Minutes Meeting of May 140 1985 Page Twelve acres located at the northwest corner of Bonnie Brae Street and Payne Drive. The tract is described as Block Is Lot I, of the Life Tabernacle Addition and shown in the Prancis Batson Survey, Abstract 43. The property is zoned agricultural (A) and the development of a church is anticipated. V-15 The Mayor opened the public hearing. Mr, Paul Maygood, Pastor of Life Tabernacle, spoke in favor stating that this was an unusual situation. When the church approached the city w►th their proposal in 1979, they met with various officials and were informed that there was a flood plain problem at this pparticular location. However, ell indications were that this could ba altered with a new survey and study, Mr, Edwards, who was the City Engineer in 1979, had informed him that the-:property could be. Laken oul, of the flood plain if the property had `inadvertently been placed 'there but it would be a lengthy and' expensive proceves Dur,inq the process of having the property re,ovad from the flood plain, the city had adopted new subdivision rules and regulations, Under these new regulations, the church was cohoidetsd ' u a developer and tens of thousands of dollars would be 04uirsd'fpr improvements. Mr, Haygood stated that he had held lengthy discussions with the Corpps of engineers and PEMA and had-.found that the dilemri was not of the church's own making but due to inadequate information which was given to the Corps of Engineers at the time the federal fill and drain plan to develop Korth Lakes park was in process. This was the reason the property vo* listed in the flood plain, The problem was due to clerical eviors and he did not-feel his church should have to suffer the and result of the mistakes which were made. The church was petitioning a variance which 'would f ut them back under the old rules and regulations. The property was 3s the flood plain on paper but in actuality it was not, While the • church was in due process to have the error changed, the City adopted the new rules and regulations. Council Member Aiddlesperger asked if the flood was not a danger, Haygood responded that was correct, Council Member Aiddlesperger then asked if that vas the rnly variance the church was requesting. Heygood replied not the church was alto requesting a var,lan4s on perimeter paving, curb and guttering and sidewalks, When he, had asked regarding this in 1979, he had been informed that since this was an existing tract, it would not be necessary to plat the property and the regulations would not be applicable to them, They were not subdividing the tract, tinder the old ruling, it was not required to. plat or to make perimeter improvements, They would, however, have to have the property removed from the flood plain, By the time the property was removed from the flood plain, the regulations had changed, They were requesting to be allowed to build the church under the initial agreement, without the variance, they would not be able to build the church, Council Member Stephens asked It Mr, Haygood's statement was that his group had net in good faith all of the requirements which had been laid down to them when thfy first made the lequities, The variance, if granted, would not negatively impact any development below the church site as fat as drainage was concerned, Maygood stated yes, Mr, Jim Ingelbrechtp 1305 North,-takal Tr&ilt spoke in opposition atstin that he was only making a comment and was not necessarily o poasd to the variants, The only 6incern the nat hbors had via t at NOW* 9fae was extensively usid,as access to their homes and the, fear via the setting of a ptseadont. Bonnie arse was basically undeveloped, frdla University Drive to Highway 71 and the neighbors A A IQ " 8 ~°r. m. n t~ S 1 P q ' . .,r., ti. rC ka 1 [ i,~ ` 7, ' ."9 i t; i• City of Denton City Council Minutes Meeting of May 140 1965 Page Thirteen were concerned that the granting of this variance would open to door to others in the future to request the same for drainage and street ' improvements, The Mayor allowed Mr, Haygood S minutes to speak in rebuttal. MC,. Haygood stated that this was a unique situation and the church haei been working for S to 6 years while no other developer had. The precedent had been set when Mc, Smith had requested a variance for his home, The Planning and Zoning Commiation did not rule Mt Smith as a developer as this was his personal home, The church was a spiritual home for the congregation and would not be a subdivision,` The Mayor closed the public hearing. Cecile Carsont Urban Plannec, deported that 4 reply forms were mailed with 1 returned in favor and 0 in opposition! Mr, gaygooo was requesting' a Variance for two articles of the subdivision rules and :egulations - drainage and perimeter paving, Tha City'.'of Denton had required perimeter atreet paving since 1979 and the master drainage plan had been in effect since 1974, Drainage improvements and perimeter paving were included in PD-86 xhich was adjacent to the church property, That PD included perimeter street, paving on both Bonnie Brae and Payne Drive, the drainage vasement on the Life Tabernacle Addition was located on the southwest corner, The En ineering Department felt that it was a very important. area, in which drainage improvements should be made. If the improvements were not made, the City would be responsible to make than both on Bonnie Brae and Payne Drive as well as the drainage improvements on Payne Drive. The word 'developer` meant anyone using land and developing on land for any purpose and the subdivision rules and regulations did apply. The preliminary plat hAd been approved conditionally. by the Planning and Zoning Commission that the drainage and ~aving improvements would be wades The Planning and toningy Commission recommended denial of the variance as it failed to meet 7 of the 6 conditions listed in the regulations, All 8 must be met in order for a variance to be granted, Mayor Stewart asked if the fact that the property was not in the flood plain did not alter the fact that drainage control was needed in this area. Carson responded that there was an easement. The flood plain was mcred when North Was was builtr however, there was still a drainage system across the property line from the notth across the routhweat corner. Council Member Riddlespergec asked what would be required, Carson replied that a culvert would have to be built on Payne Drive, The drainage easement was located on the property and improvements were nccessary to insure that water would flow through the easement. Mayor Pro Tam Hopkins asked Me, Carson to show the lot on the overhead projection, Carson further stated that perimeter, street paving would be required on Bonnie Brae and Payna Drive. Mayor Pro Tam Hopkins asked if the paving could be bonded. Carson responded year payment could be postponed through an escrow docount so as to be done at a later date, Mayor otawark, asked it the variants was granted would it affect gthrt deVeS:rpers, t LIE ;l , t 7 le " "2 ~sv in I ~Cityy of Ashton city Council Minutes Nesting of key 14, 1983 Page rouiteen Carson responded yea, developers to the south Would be affected by drainage from this location, There was an approved development for single f84ily, multi-family and neighborhood services at the corner of Payne ani eon"nis Brae. Mayor Stewart asked if the drainage improvements were not ,made, would i. affect those developments dowistream, Carson replied yes= that was the opinion of the staff. Mayor Stewart then asked about the paving. Carson responded this was the same type of rituation. The other developers had been required to do perimeter paving. Mr. Haygood had stated chat Mr. Smith, to the north, had not been required to do perimeter paving. Mr. Smith was on an extremely large tract of property and would to construct 1 house which was not in tho flood plaiin. The Planning and zoning Comaission did$, in that instance, grant a variance. However, the Planning and Zoning Commission and Council did require perimeter paving on the property south of the Life 'febarnaale Addition+ Council Member Riddlesperger aiked if the drainage improvements required by the church would benefit other developers also. Carson responded that if no improvements were made, a drainage vroblem will exist vhich mig1A result in flooding, Council Member Riddlespetger then asked if those who develop the property above this tract would be getting the benefit of the church's drainage. Carson replied that the property was currently toted agricultural. They would be required to make drainage improvements to their property as well if developed. Council Member Riddlesperger stated that it seemed that if the culvert were inetalled under Payne Drive that it would benefit future developers. Carson responded that it would benefit them to the extent that there would be an adequate flow of water. Council Member Riddlesperger then asked if future developers could be required to reimburst the church. Carson replied that the Engineering Department dealt with the drainage question. She did not feel there would be an interest from a staff point of view to enter into an agreement on this case as this property would be creating the drainage problem at that site. The property itself was going to require dralrage improvements. The other developers would have a different type of drainage problem because It was not located adjacent to a street which would require a culvert. City Manager Chris Hartung reported that the principle of the drainage policy was that the pproperty owner who was developing had to take cats of the water Mhich flowed through his The developer was required to handle the water which causer h~rough, Engineering computations were done to determine what size channels Waco required to handle the flow through the property and this must be provided for in the development. Council Member Ray Stephens stated that plans and Interpretations change with people and inatitutionl from time to time, the city had the ess la.,ions changO, go MAt thatf he city ;ad end obligation a to honor the Original agreement. i, HR Q r,. 9"x~ y5rt r31" r~`+ ~~k~r$9 ~T.~ ! ta~~ yam? rrai r. a1.Fr 7- 1~ ,ro r City of Denton City Council Minutes Meetingg of May U, 1985 Page rifteen Carson, reported that the staff would like to point out that the regulations requiring platting had chsngedi`however the.regulations requiring drainage improvements and perimeter paving were in effect prior to Mr. Haygood asking for development at this site. Council Member Chew asked if those requirements had not changed and had been Intact all the while. Carson responded that# as she was informed, the regulations requiring perimeter street paving and drainage Improvements had been in effect, Staff did not require platting when Mr. Haygood requested a building permit. Council Member McAdams stated that she was very concerned about the use of the word 'commitment.' The Council was bound to treat all people alike whether they happened to represent a church or not unless the ordinance was amended to specifically exclude religious organizations. A number of people owned property 5 to 16 years ago and made inquiries about what the rules Were at that time. The giving of that information in no way binds the city to those regulations In the future. Mr. Haygood was given accurate information at the time he Inquired. She was sympathetic to the church but the fact remained that someone would have to pay, if the Council wanted to exclude churches from 'certain regulations, It should be in the ordinance. Council Meiaber Chew stated that his heart went out to Me, Haygood but the rules had to be the same for all. Council Member Stephens stated that it would take 6 out of 7 votes to deny the request and only 6 Council Members were present. Council Meiuer Chew stated that-a simple majority vote was required as this was not a zoning request. Rick Svehla, Assistant City tanager, reported that the ordinance requiring drainage improvements and perimeter paving were in effect petor to thr, church's development. He was not quite sure about the requirements for perimeter paving but the drainage improvement would hava been required. Staff gave out informatlon every day. In 19790 if the property was not required to be platted, staff would have said that. Stephens motion, Hopkins second to approvo the variance V-15. Council Member McAdams stated that her heart went out to the congregation but she had a strong sense of fair p'ay. Rules should be applied equally. Mayor Stewart statrid that he felt every organization had to pay its own way. Motion to approve tailed by a vote of 3 to 3 with council Members McAdams, Chew and Mayor Stewart casting the 'nay' votes. Stephens motion, Riddlesperger second to table until a full Council `eras present. Motion to table failed by a vote of 3 to 3 with Council Members McAdams, Chew and Mayor Stewart casting the 'nay$ votes. Chew motion, McAdams second to deny the Variance V-15. Motion to deny passed by a vote of 3, to 3 with Council Member Hopkins, a.ephens and Riddiesperger casting the 'nay' votes. Debra DrayoVitch, City Attorney, elocified that the request was denied. According to Robin 's Ruler. of ` Orders any motion not approved by A majority vote was Considntil to be.denied. y .,9 ij i..~ .4'.•f .air.