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HomeMy WebLinkAbout08-06-1985 ADEN Palu~ to,194 5 N 1 r M1v / r ~tir r t.•.?', 4, ~,s ~I Y l 4 r y; YyF, 'F: _ ' 41 vs= C" Y .w •"pY r 'i l r,,, , rt .u "AGENDA CITY OF DENTON CITY COUNCIL August 6 198S Work Session of the City of Dent,-)n City Council on Tuesday, August 6, 19859 at S:30 p.m, In the Civil Defense Room of the Municipal Building at which the following items will be considered: S:30 P.M. 1. Executive Session: A. Legal Matters Under Sec. 2(e), Art.. 62S2-17 V. A. T. S. B. Real Estate Under Sec. 2(f), Art. 6252-17 V. A. T. S, C. Personnel Under Sec. 2(g), Art 6252.17 V,A.T.S. D. Board ;.ppointments Under Sec. 2(g), Art 6252-17 V.A.T.S. r Regular Meeting of the City of Denton City Council on Tuesday August 6, 19859 at. ;f:00 p.m. in the Council Chambors of the Municipal Building at which the following items will be • considered: 7:00 p.m. 14 Consider approval of the Minutes of the Regular Meeting of July 2, 1985 and the Regular Meeting of July 161 19850 21 Consent Agenda: Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Stiff recommendations. A. Bids, Purchase Orders, and Change Orders: Listed below are bids, purchase orders, and change orders to be approved for payment under the Ordinance section of the agenda. Detailed back-up information is attached to the ordinances (Agenda items 7.A, 7.B, 7.C)a This listing is provided on the Consent Agenda to allow. Council Members to discuss ahy item prior to approval of the ordinanca,~ 1. Bid 1 160 - Refuse bags` Z. Bid g86'- Cathodic protective system fee J 21_ of i{ l r dry °G rr"rt fii .rug pY ~H~~"q°, ~ti 41 , aWti S ✓ j~. ~ r.~fl i i r 'ax r1~~ ° 5 y, dr ff , Q 1~ l,i + Y F a i ty O DontoA,city Council Atdst''6, 1985 Pose Two 3. Purchase Order 1 69130 to Martin Equipment in the amount of $4,000,00 4. Purchase Order 4 69305 to Hbnninggson, Durham and Richardson in the amount of $11,000,00 51 Purchase Order l 69335 to Boyd Excavation in the amount of $42,250.00 6. Change Order it to contract with Atlas Enggiiineering, Inc. in 'the amount of $941.00 `Bid 0 nds5approv The Public,' Utilities Board 7. Change Order I1 to coatr~ct with Dickerson Construction Company in the amount of $200526,32 (Bid 0 9391). (The Public Utilities Board recommends approval.) B. Plats and Replats: 11 Approval of preliminary re plat of Original Town of Denton Addition, Lot SR; Block 18. (The Planning and Zoning Commission recommends approval.) 2. Approval of preliminary plat of Kiowa Trail Estates Addition, Lots 1-6, Block 1. (The Planning and toning Commission recommends approval.) 3. Approval of 9reliminary plat of Oak Ridge Acres Addition. (The Planning and Zoning Commission recommends approval.) C. Tax Refund; 1. Consider a proval of a tax refund to Kr. Rolland S, pIsmert in the amount of $11219.15 31 Consider approval )f a resolution of appre.iation of Mr, John Maxwell. 4, Consider approval of a request by the Higgh Noo,a Lions Club to hang a banner across Carroll Bculevard ,and/or` Bell Avenue for an Antique Auto Show September 28th and 29th at the North Texas Fairgrounds. 5. Acknowledgement of recipients of.Beauti.fication Awards N by °the Mayor on behal of the Denton Beautificklon r~ Committee. b + pa . A r ':•_a , si l~. ..,e r ~,x"r v1 7; ~.ti L 4E.~ 7rv. li •iti o h. r ' J 'i` dl City of Dbnt4n'City Council' K,sgust 6, 1985 • Page 'three 6. Public Hearings: A, Public hearing` on the proposed assignment of the Cable TV franchise to Ammons Communications " , Inc. (The Cable TV Advisory Board recommends approval.) B. Petition of the City of Denton for annexation of approximately lIS acres of land being part of the J, West Survey, Abstract 1331, and beginning approximately S,Q00 feet north of U:S. Highway 580 Best, end west of Rockhill Road (A•22)6 C,' Petition of Fields, Edwards b Associates representing -Miller of Texas for voluntary annexation of a p roximP.tely 304.94 acres of land located north and south of FBI 426, east and west of Trinity'Road, and south of U.S, Highway 380 East (A-23). D. Z-1752. Petition of Guion Gregg requesting a change , In zoning from the agricultural (A) classL ication to the planned development (PD) . district on a 63.7 acre tract located at the southeast corner of HA ISIS (Airport Road) and Underwood Road. If approved, the planned development will permit light industrial land use. (The Planning and Zoning Commission recommends approval,) E. Z-1752. Petition of Wayne` Allen Construction o~y, Inc. requesting a change in zoning from the agricultural (A) to the light industrial (ICI) cl$ssification. The ~ property is located at the southwest corner of U.S. Highway 380 and Nasch BranA Road and is approximately 1.S9 acres in size. The property is part of the S. A. Huitar Survey, Abstract No.. 514. If the changge in toning is approved, the property may be utilized for any land use permitted in the light industrial (LI) district by the City of Denton Zoning Ordinance. 11 Consider adoption of an ordinance a pprovin a change in zoning on a I.S9 acre tract located at the southwest corner of U.S. Highway 380 and Hasch Branch Road (The Planning 'ard Zoning Commission recoAxAnds approval.) b u x f t ! Y+.. Mi + Jill .7 r. d'; Y':.4 +r rr:; ep ~ + + r °:r fl"x~>,_.ti + rWpY Y r ."af .RYA Aj xr city `o# Denton City Council August 6, 1985 . Page Pour F. Z-V/53. Petition of Hammett 6 Nash, Inc., representing Lodge Construction,, requesting a change in zoning from the agricultural (A) to the single family (SF-16),` classification. The property is located south of Forrestridge Addition, Phase 11, and north of Ryan Road and is a prioximately 23,09 acres in size. The property is shown in the A. Gibson Survey, Abstract No, 498. If the zoning change is approved, the property may be, utilized for any land use ppeeruitted in Lhe single family (SF-16) district by the City of'Denton Zoning Ordinance. 11 Consider adoption of an ordinance approving a change in zoning on a 23.09 acre tract located south of Forrestridge Addition, Phase 11, and north of Ryan Road. (The Planning and Zoning Commissinn recommends approval.) 7. Ordinances: • A, Consider adoption of an ordinance accerting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services; providing for the expenditure of funds therefore, and providing for an effective date. 81 Consider adopption of an ordinance acceptinS competitive bids and providing for the award of contracts for public works or improvements; providing for the expenditure of, funds cherefore; and providing for an effective date, Co 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 and service }man annexing a tract' of land approximately 361,708 acres in site situated in the'He May Survey,, Abstract 807, and the Y. R, Gailor Survey, A4strsct 452, and beginning west of FM • 2164 (North Locust) approximately, 70000 feet north of Hercules Lane (4416). (Tho' planning and Zoning Commission recoomends'approval,); 1 • P ibN a 4 1 b, h Pt.0~ F,{ N i i A av L N IIi Ii r a m, try J 4; Ciy~ _'erhi.ty~ C6ucil Aug at t+y 1985 Page is i vkl Cansidpr adoption of an ordinance approving the ppe titich of R. 0. McDonne1 requesting a thanggo in zoning from the agricultural (A) classification to the planned' development' (PD) district on a 39.4 acre tract located on the south side of Iii 426 (Bast McKinney. Street) approximately 21000 feet east of 14ayhill Road (2-172S). (The Planning and Zoning Commission recommends approval.) P. Consider adoption of an ordinance approving the petition of Hammett 4 Nash, Inc. requesting a chai;$e in zoning from the agricultural (A) classification to the planned development {PD district for light industrial (LI) uses on a SO.,I acre tract located on the west side of Mayhill Road 4 300 feet north of Interstate 3S North (Z-1727. (The Planning and Zoning Commission recommends approval.) G, Consider adoption of an ordinance approving the petition of Tommy Corporation N.V., represented by Fields, Edwards 6 Associates, Inc., requestinchange in zoning from the agricultural (Al } Classification to the planned development (PD) . classification on 60.38 acres located north and east of Edwards Road and shown in the Gideon Walker Survey Abstract No. 1330 (Z-1742). (The Planning and Zoning Commission recommends approval.) H. Considsir adoption of an ordinance approving an agreement between the City of Denton and Black $ Veatch for engineering services in regard to utility distribution' projects, and providing for an effective date. (The Public Utilities Board recommends approval,) I. Consider adoption of an ordinance amending Appendix B-Zoning of the. Code of Ordinances of the City of Denton, Texas to prt,libit residential buildings and uses in all non; sidential zoning districts, except the central business district; amending the area regulations applicable to zoning districts; providing for a maximum penalty of $1,000.00 for violations thereof; providing for a severability clru,,e; and providing for an effective date, J. Consider adoption of a.n, ordinance Alathorising an agreement with Harry Weisbrod Associates, Inc. relating to consulting services regarding im'pioiihtation o(,°. pair.,. Labor Sta;ihards Act and deci~ irlg an 6i a~U'Vb `date. +4 2 b 1 1 V .r i Ri f'U Ad.~, w 7", N~ n J b' , k v f i! R ry, tl i e n~. Y P ~G' La I' '1 C . r f ity` 0 Do toA Cf `C6 incll ugust''b, 1S'd5 's Page Six' a,' Receive a report on a ptoposed amendment to Section 17.24 (d) of the Code of Ordinances regarding garagekeepers liability insurance. h 9. Consider approval of use of Mack Park with fees waived for a softball tournament with all profits to go to the Fred Moore Scholarship' Fund, 10. New Business: This item provides a section for Council Members to suggest items for future agendas. 11, 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 tf meeting was posted on the bulletin boar at the City Hall of the City of Denton, Texas, on~, day of 1985 at aTQ o'clock p. m. lA61C ~,J~ V!Afir'T+l i 4 R l{/' ~4 r T, x ley v, . 7 r lV J; y. W fn i n 'c i AGENDA CITY OP DENTON CITY COUNCIL August 6 1985 Work Session of the City of Denton city Council on Tuesday, August 6, 1985, at 5:30 p.m, in the Civil Defense Room of the Municipal Building at which the following items will be considered: 5:30 P.M. 11 Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T,S. B. Real Estate Under Sec. 2(f), Art. 6252-17 V. A. T. S. C. Personnel Under Sec, 2(g), Art 6252-17 V.A.T,S, D. Board Appointments Under Sec, 2(g), Art 6252-17 . A, T. S. Regular Meeting of the City of Denton City Council on Tuesday, August 6, 1985, at 7:00 p.m, in the Council Chambers of the Municipal Building at which the following items will be considered: 7:00 p.m. 1. Consider approval of the Minutes of the Regular Meeting of July 2, 19x5 and the Regular Meeting of July 169 1985, 2. Consent Agenda: Vach of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations, A. Bids, Purchase Orders, and Change Orders: Listed below are bids, purchase orders, and change orders to be approved for paywent under the Ordinance section of the agenda, Detailed back-!rp information is attached to the ordinances (Agenda Items 7,A, 7.01 7.C). This listing is provided on the Consent- Agenda to allow Council Members to discuss any item prior to approval of the ordinance, 11 Bid i,63 - Refuse bags 2. Did 0 9496 Cathodic,, protociiv6`lystem } a x P A u_T✓~ n {.~'.E /~y Car p, ~ Tt" Cyr , 11 City Of_000ton city Count. 'August b, 1985 Page Two 31 Purchase Order 1 69150 to Martin Equipment in the, amount of $4,004,00 4. Purchase Order 1 6930S to Nenni gg on Durham and Richardson in the amount oft ,0000 S. Purchase Order 1 69335 to Boyd Excavation in the amount of $42,2SO.00 6. Change Order 11 to contract with 'Atlas Bagineering, Inc. in' the amount of $941.00 (Bid 8 93S4)6 (The Public Utilities Board recommends approval.) 70 Change order 01 to contract with Dickerson Construction Company in the amount of $20,516.32 (Bid # 9391). (The Public Utilities Board recommends approval.) B. Plats and Re plats: 1. Approval of preliminary re pt lat of Original Town of Denton Addition, Lo SR, Block 18. (The Planning and Zoning Commission recommends approval.) 2. Approval of preliminary plat of Kiowa Trail Estates Addition, Lots 1-6, Block 1. (The Planning and Zoning Commission recommends approval.) 3. Approval of preliminary plat of Oak Ridge Acres Addition. (The Planning and Zoning Commission recommends approval.) C. Tax Refund: 11 Consider a proval of a tax refund to Mr. Rolland S. Ismert in the amount of $1,219.15 3. Consider approval of a resolution of appreciation of Mr. John Maxwell. 4. Consider approval of a request by the High Noon Lions Club to hang a~ banner across Carroll Boulevard and/or Bell Avenue for An Antique Auto Show September 28th aad 29th at the North TAxas Fairgrounds. S. Acknowledgement of recipients of Beautification Awards • by the Mayor on behalf of the Denton Beautification Committee. yTM gj, City of Denton City'Counci1 August 6; 1985 Page Three E; Public Hearings: A. Public hearing on the proposed as3ignment of the Cable TV franchise to Sammons Communications, Inc, (The Cable TV Advisory Board recommends approval.) Be Petition of the City of Denton for annexation of approximately 11S acres of land being part of the J, West Survey, Abstract 1331, and beginning approximately 5,000 feet north of U.S. Highway, 380 Bast, and west of Rockhill Road (A•22). C. Petition of Pields, Edwards 8 Associates representing Miller of Texas for volunthry annexation of approximately 304.94 acr6i% of land located north and south of FM 4260 east and west of Trinity Road, and south of U.S. Highway 380 East (A-23), D, Z-1751. Petition of Guion Gregg requesting a c`Fi83'gi 'S in zoning from the agricultural (A) classification to the planned development (PD) district on a 63.7 acre tract located at the southeast corner of FBI 1S1S (Airport Road) and Underwood Road, If approved, the planned development will permit light industrial land use. (The Planning and Zoning Commission recommends approYal.) S. Z-1'7S2. Petition of Wayne Allen Construction any, Inc. requesting a change 'in zoning from Magricultural (A) to the light industrial (LI) classification. The i9 located at the southwest corner of .S. Highway 380 and Masch Branch Road and is approximately L S9 acres in size. The property is part of the S. A. Huizar Survey, Abstract No. S14. If the change in zoning is approved, the property may be utilized for any land use permitted in the light industrial (LI) district by the City of Denton Zoning Ordinance, 1. Consider adoption of an ordinance Approving a change in toning on a 1.SO acre tract located at the southwest corner of U,S. Highway 380 and Masch Branch Road. (The Planningg and Zoning Commission recommends approval.) r, City of Denton City Council ' Auguot 61 1985 Page Four P. Z-1753. Petition of Hammett b Nash, Inc., representing Lodge Construction, requesting a change in zoning from the agricultural (A) to'.the single family (SP-16) classification. The property is located south of Forre'stridge Addition, Phase 11, and north of Ryan Road and is approximately 23.09 acres in size. The, property is shown in the A. Gibson Survey, Abstract No. 498. If the zoning :hangs is approved the property may be utilized for any land use ppeermitted in the single family (SP-16) district by the City of Denton Zoning Ordinance. 1. Consider adoption of an ordinance approving a change in zoning on a 23,09 acre tract located south of Forrestridge Addition, Phase II, and north of Ryan Road. (The Plannin and Zoning Commission recommends approval.) 7. Ordinances: A. Consider adoption of an ordinance accepting • competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services; providing for tae expenditure of fends therefore; and providing for an effective date. Be Consider adopption 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, su pplles or services in accordance with the provisions of state lax exempting such purchases `from requirements of competitive bids: and providing for an effective date. D. Consider adoption of an ordinance and service plan annexing a tract of land approximately 361.708 acres in` size situated in the H. May Survey, Abstract 807, and the V. B. Oailor Survey,' Abstract M, and beginning west of FN 2164 (North Locust) approximately 70000 feet nohh 'of-' Hercules Lane (A=16). ' (The -planning and Zoning Commission recommends approval,),, ~ N, t x I + r m.~ 1l PT 1~"i iii1x .~x5 i~>1b R c 7 1 j. i 1 I. ll~~ i v E_ df l ypti 6onton Gi"t'v Coiiricll Au9ubt. 6;`1985. 'Page Five E. Consider adoption of an ordinantc approving the ppeetition of R. 0, McDonnell requbstliij a changge in toning from the agricultural (A) classification to the "planned development (PD) district on a 39.4 acre tract located on the sodth side of , IN 426 (East McKinney Street) apppro ina,tely 2,000 feet east of Mayhil). Road (Z~17 i). (The Planning and Zoning Commission recom&,,nds approval.) F, Consider adoption of an ordinance approving the petition t,i Hammett $ Nash, Inc, requesting a change in zoning from the agricultural (A) classification to the planned development (PD) district for light industrial (LI) uses on a 50.1 acre tract located on the west side of Mayhill Road 4 300 feet north of Interstate 3s North (Z-1727 . (The Planning and Zoning Commission recommends approval.) G. Consider adoption of an ordinance approving the petition of Tommy Corporation N.V., represented by fields, Edwards 4 Associates, Inc., requestinchange in zoning from the agricultural (Al ) classification to the planned development (PD) classification on 60.38 acres locatal north and east of Edwards Road and shown in the Gideon Walker Survey, Abstract No. 1330 (Z-1742). (The Planning and Zoning Commission recommends approval.) H, Consider adoption of an ordinance approving an agreement between the City of Denton And Black S Veatch for engineering services in regard to utility distribution pprojects, and providing for an effective date. (The Public Utilities Board recommends approval.) 1. Consider adoption of an ordinance 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 regulttions applicable to zoning districts; providing for a maximum penalty of $1,000,00 for violations thereof providing for a severability clause; and provi~Ing for an effective date J. Consider adoption of An ordinance authorizing an agreement with Harry weisbrod. Associates, Inc. relating to.; 6nsulting services regarding deimclaiinlemehtatioh of Fair Labor Standards Act and g aneEfeetitie 'date. ' a $ 'y tail aY. ~z 7A1c {'"~"s`'}~ra pt~C ~~•~n 5 Y p1-'"S`' rT+n '.Vr~ ~ .~<f}, ,tl.x° r s i'. r SJ r , ic' gyp.. eI i~ ity "6f Dentoin City Council . a$ust less Page Six 8 Receive a report on a proposed amendment to Section 27.24 (d) of the Code of Ordinances rogarding garagekeepers liability insurance. 9. Consider approval of use of Mack Park with fees waived for a softball tournament with all profits to go to the Fred Moore Scholarship Fund. 10. New Business: This item provides a section for Council Members to suggest items for future agendas. 11. Official Action on Executive Session Items: A. Legal. Hatters B. Real Estate C. Personnel D. Board Appointments C S R T I F I C A T B I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of , 1985 at o'clock CITY 99CRETAXV~ 1861C .e1 . < is h ° v ti4 v .^:r A ri 1 } N ySW S wi; Y Y 5 r~ F; M i xc w x k ,a Ara", ~ ~ d ♦ t~1~y:9 i fii,~M P V'ti 'V A` ~l tip ' y~.r' r City CounC~ll Ml~ltes July 2s lisi The Council convened into tno stock 3eision a! ~3~30 p. m. 'in the CC'vil Defense Room. PRdS80t: Mayor Steward Council MemoerS Alford, 'Chew, McAdams and Riddlesperger ASSENt: council Memcer Stepnens Mayor Pro TOM dcpKins was out of town on vacation 1. me Council neld a discussion of the preliminary plat of Dunton Manor Estates, a 251 lot single family (SP-7) detached subdivision proposed on 64.414 acres oeginning adjacent and south'of Hickory Creek :toad and adjacent and vest of PM 21di and noctn'of Old Alton Estates for the purpose of determining wnetner to begin the annexation process. David dlliaon, Senior Planners presented an overnead projection of the parcel, The site nad very strong residential development potential as witnessed oy the filing of a peal iminaryy plat for a 457 lot $P-7 subdivision: Utilities were witnin close 3lstances'to the site with sower lines located approximately 30400 feet away. 'there were 3 posslole annexation alternatives whirrs the Council could reviews annex the Subject site and all of the adjoining property between the site and tM-2161 for a total of approximately 110 acres annex the Subject site and the 23 adjacent 'acres by extending a $00 feet strip down PH-2181 to the property line of the subject site goc a total of approximately 88 acres extend a 500 feet strip along PM-21a1 and down Mickocy Creek Road to the property line of the eubject situ this would require some maintenance oy the city on Hickory Creek Road Another option would bo no annexation at all. Council Memoar Alford asked wnai the total annexation acreage would be if all of John dnox Village was included in the parcel down to the subject tract. Ellison responded approximately 40U acres, the city still had approximately 23UU acres available tot annexation tnio year. AS Of June, 6UU acres had oxen added to the city with a substantial amoun'. of tnat fig,lcs as voluntary annekat:ons, Ins Council should begin now to look at the area east cf the existing city limits. Council Memosr Alford stated tnat tnis appeared to be a prime area' for future development. Ellison reported that the only advantage to annexation would be to Control the site of the lots, Staff estimated that thete voce 4 property owners involved in the adjoining area, 'fns city had discussed dedication of Hickory Creek Road as a part of the proposed Loop 28d extension. Staff felt the city could not get right-of-Way on Hickory Creek Road at this tiro as the extension was only conceptual. Mayor Stewart asked if tno developers would os petitioning for commercial toning on reasley Lane, Ellison responded tnat no toning W been requested at this time, Mayor Stewart stated tnat he env the potential for strip toning in this area, Council Memoor Riddlesparger asked what were the lot elsess ~ i° S' .`t+a.., P k X§~~ ~Fe o # .{y++s+rR" ~lj' ~J ,y,Y , ' o. F yu„ .fir ti .a-~~'X1.1 n~,. _K i -d" ,Frn .y~ r. 1, i'S d6,,: ,~n4 •'r, p Cit I f canton Ciii''CounAl mkotes Meeting of July:a,"1985 Page tw0 Ellison responded the loth titre a Sinimun of 7►000 square feet, as proposed inthe preliminary plat. tnet`a currently was a demand for tnis size lot and larger. Council Member Stephens joinod the meeting. Council dember McAdams stated, due to the maintenance`requirements# the city vould not want to annex diCKOry Creek Road. Council Member Aiddlesperger stated that the city limits could be eKtended down Teasley Lane and PICK up tnis particular tract. Council memuer McAdams asked if the corner of the parcel were annexed, would the city oe required to maintain Hickory Creek Road. Ellison replied that it could not oe avoided as a minimum $00 feet strip would take in the corner, council demosr McAdams asked how many acres werein the Corner. Ellison responded approximately $0. McAdams motion, Chew second to annex down lH-2181, not take in dicxory Creek Road And annex tre tract. Council dember Alford Stated that the city should take in all of the area to John Anox Village. lotion to begin the annexation process carried Unanimously. 2. The Council held a discussioh of the possible extension of the city limits along 1-15 north. David Ellison, Senior Planner, reported that the council had requested that staff researcn the possibility of extending the city limit line along i-J$S toward the City of Sanger. it was a neat and clean co~lcept. One annexation for a 3 1/1 mile distance, which was the maximum permitted oy law, would place the Denton city limits approximately 112 mite south of the Sanger city limit line, Denton could annex property within its extraterritorial jurisdiction without written consent As Long as the annexation was more than 1/2 mile from a neighboring city limit line. Sanger officials nad informed staff that their current city limit line ended on the notthern edge of DUCK Creak. Council Member Riddlesperger stated that It would be to the City of Denton's advantage not to offend Sanger or infringe on their territory, This particular area WAS within the city's extrater- ritorial jurisdiction and Should not be objectionable to Sanger. Ellison further reported that it would entail annexation of approximately 112 actea of which half was highway right-of-way. :.:Adams motion, Chew second to proceed with the annexation. Motion carried unanimously, 3. US Council held a discussion of City Charter revisions. Debts ufayoviteh, City Attorney, stated tnat the Charter would be divided into chapters to make it more workable to update. There were not that many cnanges Nnlch would need to be made dve to preemption oil state or federal law, it was noted that the dutlas of the planning and toning Commission were enumerated oy state law but were also listed in the Charter. Ounall Member Stephens stated tnat had been done so as to have all of the information in one place. r K ) r '9 r rU~F 6 ~~''7 rj `q. .e •Y , ~l „~e ?i. Cltiy bC Denton city `toilncll VMlAuto$ Meeting of July 2, 1985 page 'rncdG, city Manager Cncls Hartung reported that all of the duties or none of the duties should be Listed to avolu'confusion. council Member Aiddlesperger stated tnat it appeared o no! superflous to have a charter provision and state laws. Parhapa ths' Charter should maize reference to tae applicable state statute. Council Member McAdams stated that naving the duties listed in the charter was a convenience for the reader, CLOY manager Chris Hartung asted now it vould be decided what would be listed in the Cnatter and what would be Left out,. Mayor Stewart stated that Individual members of the City Council had suggested looking at the electorial system for Denton. If a change visa made, approval would nave to be given by the Us Si Jdetice Department, Council Member McAdams stated that she was not clear on this Issues Council Member Aiddlesperger stated that Mayor Pro Tem Hopkins had suggested tnat there should be residency requirements in the single memoer districts, but the voting should be at-large. Aiddlesperger believed this would be a step backward and it would not receive approval from the Justice Department. Mayor Stewart stated that the polling places were set by ordinance by the Council and not by the Cnarter. A change in potting place. would stilt require Justice Department approval. Council Member Aiddlesperger stated that no believed jastificatLon for a change in polling places would oe the holding of joint elections with the school Board. Mayor Stewart stated tnat another issue discussed had been remuneration for the Council and Mayor, it approved, this particular Council could not receive remuneration until after the Charter election and next Council election, It did take time and money to serve on tile Coil-oil. Council Member Aiddlesperger stated another issue had beenspouse travel as most cities did pay for 1 or 2 trips per year for spouses of council Members. Council Member Stephens stated that, for the record$ no wee not in favor of pay for the Council. Mayor Stewa t stated that he personally had never auomltted an expense repot but he may not have been fair to the next person who served as Ma;10r. Council Membric McAdams stated that the remuneration would be more to offset oat-or'-pocket expenses for Council Memoers, Council Memhir Aiddlesperger stated that other cities should be surveyed to see which Councils received a salary and if sod how much. Council Member McAdams stated that the was sensitive to placing this issue before the Votln public until information had been gathered and would be in laver of a survey of other cities. Mayor Stewart stated that the Charter Revision Committoa Could perform the survey, City Manager Chris Hartung reported that the Texas Municipal League had this particular information available. r , r"~ T W, < N~ ~Fi I ' 11 f~ 41 City of 0enton' CICy'Council minutes` fleeting of July 2, 1983 Page Pour council Memoet Riddl4epergOr stated that the; cop~m ittae could than puolicise that pay for Council Members was be[ng done in otndg cities.' Council demoac Alford Mated that most cititens thought, the Council was already ooing paid and wets ShoCged to discover that they wage not. Mayor Stewart Stated anotnec issue was the need to Indiease' the membership on some of the ooards and/or commissions, Tne '-texas Municipal League had stated that the ideal number of memtiecs for a Parks and Recreation 8oacd was I. Another issue was when newly elected officials should take office. Moat of the larger cities had a set date, such as may 1. Council Kember Chew stated that no was wondering if this was the appropriate time fog a Charter Revision Committee to be named, Mayer Stewart stated tnat the last committee nad consisted of' 10 members with a Chairperson who nad no vote. Perhaps the committee should have 11 members witn a Chairperson elected from outside the yroup~ Each Council Member could appoint 2 pecsone to be on the committee. Council Aemoer Stephens stated that if the only changes to, be made were to oring trio Chatter into compliance with $tate .law,` An amendment election would not oe necessary. The pay for council MembeCe would requite an election. Council Memoer McAdams stated that tae city was beginning the budget process and did not feel tnis was an appropriate time to suggest council pay. Mayor Stewart Stated that a Chatter Amendment election would be held in January, April or August of 1986. Council Membet McAdams stated that one would like to see the Council appoint the committee in January and hold the election in August, She would like to see the remuneration figures. If remuneration was not going to be included, she saw no reason to revise the Cnarter, Council Member Cnew stated that no thought the staff should present their Suggestion* to the Council first. Council Member Riddlespargar stated that if a committee to study the Charter was to be appointed, it should either be done now or not at all. 4, Tne Council ccnvehed into the Executive Session to discuss legal matters, real estate, personnel, and board appointments, No official action was taken. The Council convened into the Regular Keating at 1:00 p.m. In the Council Cnambege. PRBSBNT: Mayor Stewartr Council Members Alford, Chew, McAdams, Riddlesperger, And Stephens AdSSNto mayor Pro Tam Hopkins was out of town on vacation I. Tne Council considered approval of the Minutes of the Regular Meeting of June lsi, 1985. McAdams motion, Riddlespetger second to approve the Minutes as presented. Motion carried unanimously, a, Consent Agenda Item 2,9,1 was removed from the Consent Agenda by staff. city""of""uanto`n, CI"t 'Co4nctl ellnaEes Keating o; Jui' 2, 1985 Page ve MgAdaias motion, Alf Ord second to approve the Consent Agenda wikh the exception of item 2.0.4. Notion 'carried uhanlsously. Consent Agenda A. Bide and Purcnase Orders: 1. Bid # 9428A - Aoof repair city Nall/Civic Center 2. Bid 4 8472 - copper vita 3, did 1 9473 - RemoVai Of 69KV line 4. Sid 1 9474 - Maintenance of City vehicles 5. Sid ) 9478 - Traffic control cabinets 6, did 1 9461 - 50OMCM wire and arrestors 7, did 1 9468 - Removal of spoil dirt 8. did # 9463 - Payne Drive waterline 9. Sid 1 9470 - 1985 C.I.P. utilities, Section A 10, did 1 9475 - Demolition and clearing of lot '#J 11. Purchaes Order 1 68541 to Boyd dxcavation in the amount of $210125.00 B, Plats and Rapist$$ 1. Approval of preliminary plat of the Denton Business Park Addition, Lot 1, Block' I. (The Planning and zoning Commission recommends approval,) 2. Approval of preliminary plat of the doliday Inn Addition, Lot 10 Block 1. (Titi Planning and Zoning Commission recommends approval,) 3, Approval of preliminary Aplit of The Pointe Addition, Lots 1-60 Block 1, (The dinning and zoning Commission recommends approval,) REMOVED dy STAFF 4. Approval of preliminary plat of the, Reynolds Dallas Drive Addition Mo. 1, Lot I, block 1s (fne Planning and Zoning Commission recommends approval.) S. Approval of preliminary plat of the Southwestern Bell Addition, Lot 1, Block 1. (Tne Planning and zoning Commission recommends approval.) 6. Approval of preliminary plat of the Thomas Addition, Lot 1, Block 1. (Tne Planning and toning commission recommends approval.) 7. Approval of preliminary plat of the Township It Addition, Second Icetallment. (The Planning and toning Commission recommends,+,pproVal,l B. Approval of final repaar of The Woodlands of Township It Addition, second installment, Lots 12-150 Block As (The Planning and toning Commission recommends approval,) MIMICS )b ti=, T ~ i ~~a . ~'vu i{~~ 1 a i t r A `"~w^~a r e ~'~f 1 FM1 i 1 H ri +'Y r, . City of Oenton city Council' Minutes meetingy of July 2, 1905 Page Slx C. Final Payments: Consider approval of final paym#At`for Panhandle water and Sewer improvements, did 1 9249 to Dickerson Construction Company in the amount of $270124.78. (The Public Utilities Board recommends approval.) Agenda Item iv vas Moved forward in the agenda order. Council Member Rlddlesperger left the meeting. 6. Tha Council recelvdd a preliminary report from the flow Hospital ad hoc committee. Dr. Jim Aiddlesperger, member of the Flow rospital ad noc committee, reported that tra committee had coon working on the problems of Plow Hospital and ram ready to submit a preliminary, report. Df, Rid0lesperger Introduced Jim Killingswortn stating that he had received his Bachelor degree from North Uxas state University and had ea,ned a degree from Harvard University in medical management, Me. Killin(7swoctn had been :soclated with the ad hoc Committee `And the flow Memorial doopital Board of directors in trying to bring forth a plan for the City Council and the Denton County Commis- sioner's Court. Council Membec Rldzlesporger )c.ned the meeting, Mc. Jim Klllingswortn, representing the ad hoc committee, rep.)ctod that it was anti.:ipatei that a full working session and a complete review slid ptaaentation of these matters for tae Council's c m sideratlon of July 23. Mayor Pro Teal Hopkins wished to be reavily involted in this activity and due to his absence, At6 AillingsWarth Would only Mod a Urief report at this time. He rished to appear at this meeting due to une feature of the proposal from the ask Force, me )eat of the recommendation was that the flow Memorial Hospital, as presently constituted, be transformed into A 301C3 which was a reference to a particular portion of the Internal AeVenue code for not-for-profit, tax-exempt organisations. Nhen this r i discussed on Juiy 23, the Task Force would spend a lot of time un exactly wnat that structure was and what the recoamendation would be regarding a govetnlnq board within the hotpi:.sll what 'kinds of financing and capital arrangements this wouib make possible for the hospital, wnat was new about it and other issues, In light of Hopkins's absence, he asked to defer the detailed consideration of tnese issued until the meeting on July 23, This primary reason for appearin~ At this time was that there was a provision within the proposal or the creation of a special olue ribbon committee. Knat had to occur in order for the transformation to a not-for-profit institute to take place JAL' a to 6 month lease negotiation process in which the Interest, rights and privileges of all parties to the existing flow Hospital (including its co-orners) veto protected through very careful ,egotlationa which were legal matters* for the most part, Obviously# benind these legal matters veto a number of oroader issues which were of great concern to Denton County and the City of Denton, The oroposal from the Task force contained within It a recommendatio• that the rask force nominate a blue rlobon committee to oVerses ,is lease negotiation process. Assuming the a+adllnos anticipated in this proposal, this slue ribbon committee needed to oe coneti"ited very shortly. fne composition of the committee was one designed to create the type of expertise and representative qualities which might be needed in order to guide the lease negotiation process. The Task Force recommended that nominations for this committee be assembled by July 30 at 5140 p.m. The Task Force felt that this Glue ribbon committee should be in place as soon as possible so that it could begin to orient itself and assume its potential role, Tne names of the nominees should De available. The committee would be compfieod ofa . <u 1b~y.,T` S~ 1 t X11 hx, d s - rr t~ " v r ` it r } A Yn1 Tai pi A u City ,ei Denton cV, `Council Minutes acting of July 2, 1995 Page Seven 3 physicians of hign standing in the county • 1 member of the'0ceaent'P10w Memorial Board 2 elected officials (1 City1 1 County)` 1 certified public accountant 3 community leaders, one with financial ex ertise 2 university representatives (PwU and NtSO) 1 health planner 1 healtn administration "representative of plow Hospital' i at-large consumer representative rnis was the committee which the Task force was recommanding'to the Council and was seeking input so that the Task' Force could then assemble the committee from the broadest spectrum, most represent- ative pool of people in'the County which could be utilized. Another general point was that the aim of the 501C3 was clearly to, try to provide a solution which would meet or respond to issue raised by Flow Memorial Hospital itself in its position paper. The position paper stated that the hospital's preaent situation and organization structure needed basio,change. On the other hand, it attempted to avoid losing the local control feature in the creating of, the not-for-profit corporation, one of the central and guiding features of maintaining local control were features tach as this one that tried to draw the community into the process. Tnie would avoid the possibility that the owns a of the present flow facility would reach a decision approving the attempt to try to move - toto. tat 5010 in early August and then only occasionally hear news reports from the attorneys involved in the lease negotiation process, Then somewhere way down the line at some point, the Council would be requested °to. ratify a lease involving the creation of 5010 and authorizing that change. Nothing would tie the community into the process unless there was a committee such as tnis which followed the entire process all along, stayed with it, worked with it, oversaw It and brought the community into the process, the residual benefit was that when the 5010 was up and running, there would be a group of individuals in the community who had been in contact with the process all along, were very knowledgeable about it and could bring the type of community support that, it seemed to the Task Force, Flow Hospital both needed and merited. Mayor Stewart stated that the Task force did not have legc_l standing and in order to appoint a committee, the Denton County. Commissioner's Court `and the City council would have to give approval. The problem would be the committee could not start operation prior to this approval. Tne Council would not most on July 23 out could receive the report from the Task Force on July 16. Council Member Aiddiasperger stated that the 'task Force was asking for suggestions from the Council for the parsons to make up the blue ribbon committees Tnase would then be approved at a later date by the Commissioner's Court and W) City Council Ms. Ruth U nsay$ County Commissioner, reported that the Task force was asking for recommendations from the Council in generic terms of who might serve on the blue ribbon committee. After the Taak rcte# assembled the names, they would come back for council approval, Tney were asking to the Council to think of who might servo well on the committea and then the Task force would return with their recommendation and ask for approval for the right to do this. After the committee was assembled the Task tote* would appear before Council and request their stamp of approval. Mayor Stewart asked If there were any legal problems with this process. Debra Drayovlteh, City Attorney, reported that this was appropriate as long as the City Council and the Commissioner's Court had the final approval, a r :.F~rT'Te n( kr'.; 5 t £ a .ggnY d;y„'. rg yr 11 n:y. eT~. +,5 f 63 ! i 1' f,y gyp'.; Y~. < , t.~ j.~~'% w Al y fin, 1 Y . M1' y v'1 'Y ( J '1 ;'1 !1 City'of Denton `City Counct.f Ainutes peStIn of Jelly 20 1985 g lg R1ddlIspirger motion, Alford second that' the Council approve ire • concept of appointing a bide ribbon corAilttse and 'the ,City Council make nominations to be given to the Task Force and the Task force be given tho authority to bring their recommendations back to the City. Council Member Stephens asked it the Commissioner's Court would also submit names and the Past Force would balance this from the list, Council Member McAdams stated for "clarification to those' In the audience, this was in•.erim pending the Council's acceptance of the Task Force's report an9 direction. This had not been done. This was not normally done tri this manner. ' Mayor Stewart ask6 ".i,the membership on the blue ribbon committee would ce 50-50 Clti :I,d.coanty. Council Member Riddlesperger stated that the committee would be comprised of 15 personw and he felt there Vera be Several overlapping tecommendationsfrom both entities, Vote an the motion was unanilous. 3. Public Hearings A, The Council held a public tearing on the petition of Bruce R, West. for Voluntary annexation of approxImately 258,66 acres being part of the S. Myers Survey, Abstract No. 84j, and the A, Miller Survey, Abstract 887, and beginning west of Underwood Roado east of C. Wolfe Road, south of Jim Christ4l Road# and north of Tom Cole Road A-21 The Mayor opened the public hearing. David Ellison, Senior Planner, spoke in favor of the petition reporting that this was the second public heating for this voluntary annexation. Two reply forms nad been m±11;,d with none returned, The petition for annexation had been precipitated by inclusion of this tract in the Denton deonomic Development Factbook as a potential industrial park site. The total site of the tract was approximately 678 acres. No one spoke in opposition. The Mayor closed the public nearing. Ellison reported that the next action would be the institution of annexation on July 16. 8. The Council held a public hearing on the petition 61 Fieldsi Edwards i Associates, Inca, representing Paige Road Ventufe, requesting a change in zoning from the agricultural (A) classification to the planned devgtopment (PO) classification on 36.96 acres- The tract is located north of Paige Road and east of Maynill Road and shown in the Gideon Walker Survey, Abstract No, 1330, the following land uses are _ proposed for the planned development) Single Family (8f-7) - 16,92 acres density 4.5 unite per acre$ total units 17 zero Lot Line - 6480 acres density 4,4 units per acre, total units 30 Multi-familyy - 9.24 Auras density 20 units per acre, total units 184 Neighborhood Service - 4.00 acres 1-1727 The Mayor opened the public nearlngo Mr. Gceg Edwards# fields, Edwards and Assooisteep spoke in favor stating that his firm had prepared the site plan for this MIM-use °o- ~ r E r 4.W. a E ; ` City o! Denton" City Council' Minutes meeting of July 2, 14us PA96 Nine planned development, concept, His staff had xocked within the guidelines of the Denton Developmeht.Guide to address all issued of the ptoposal'and had also worked with the city staff to improve':tho plan. There were vacancies on 3 sides; of the tract 'and buffeting had both addressed in the conditions AS specified by the planning and Zoning Commission. Staff had also Suggested the replacement of the neighborhood services portion of the plan. Council Member Stephens aaKed what was the six* of the lotsr in the zero lot Line portion of the petition. Edwards responded 6,000 square feet. No one spoke In opposition. The Mayor closed the puolic hearing. Cecile Caraon, Urban Planner, reported that 7 reply forms nad bean mailed with 0 returned. The Planning and Zoning Commission had recommended approval by a vote of 6 to 1, the tract was 901 residential in nature and was a low intensity area, No Denton Development Guide policies were violated by this petition. A mobile home park In tnis area nad been denied, one condition had been added by the Planning and Zoning Commission which was that the it, plan would be approved by the PAZ and City Council for multi-family or neighborhood services uses. Riddlesperger motion, Chew second to approve the petition with the conditions attached by the Planning and toning Commission. Motion carried S to L with Council Member Stephens casting the 'nay' vote, C- The Council held a public nearing on the petition of Tommy Corporation N-V-P represented by fields, Edwacds i Associates, inc., requesting a change in zoning from the agricultural (A) classification to the planned development (PD) classification on 60.3E acres. Tne property is located north and east of Edwards Road and enown in the Gideon Walker Survey, Abstract No, 1331, Tne following land uses are proposed for the planned developments single family (SF-71 - 25.0 acres, density 4.5 units per acre total units 113 Seto Lot Line- 13.0 accost density 6,1 units per acre total units 79 Multi-family - 13.7 acres, density 15 units peg acre total units 205 1-1742 The Mayor opened the public heating. Mr. Greg Edwards, field, Edwards and Associates, representing Tommy Corporation, spoke In favor stating that this wr.s a multi-use land request. To the west was a mobile home park ?.nd light ind, Strial zoning with existing cesiden4tcs on the south. She area to the east and north was vacant, 8f1 firm had worked within the Dalton Development guide policies, One condition, was that a 24 feat off-silo Goad way improvement be made to the site. Tommy Corporation supported the stiff recoAV,ehd&tion 1001 on this con(jltion as the development would generece *ore traffic o.i Edwards Road. No one spoke In opposition, The Mayor closed the public no4cle.4* Cecile Carson, Urban Plannee•, reported '.not this planned development was located on edwards Roag!-north and east of Andrewscdrporation, Tne area had bean annex+: in 1985, 'A 6th condition'had boeq added w,Ach called for PAS and Council approval of the site plat, light: reply forms had t.:en malted with none returned, 74P '7' ' `i, r~ M [ ran e'{~S~' nr 'yd F a. .1. t y`h. k _ k ^J City of Denton'City Council Minutes a MaatChi of July 2,-'1985 Page Ton Cnew motion, McAdams Second to approve the petition ,With the conditions, as Attached by the Planning and zoning commissions" Motion carried unanimously. 1. ordinances: A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or servieeli providing for the expenditure of funds tnereforel and providing for ar effective date. Tne following ordinance was presented: N0. 85-127 AN ORDINANCE ACC9P'rINO COMPdTITIVE BIDS AND AWARDING A CON'TRACr FOR THE PURCAASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICESI PROVIDING FOR 'rd& BAPENDI'PURS OF FONDS rHEREFOREI AND ?ROVIDING FOR AN EFFECTIVE DATE. Chew motion, Riddlesperger Second to adopt the ordinances On roll call vote, McAdams lays,' Stepnens 'aye,' Alford 'aye,' Riddlesperger 'aye,' Chew 'aye,' and Mayor Stewart 'aye;' 'Motion carried unanimously. B. Tne Council considered adoption of an ordinance' accepting competitive bids and providing for the award of contracts for public works oc improvements providing for the expenditure of funds thereforel and providing for an effective date. Tne following ordinance was presented: NO. 85-128 AN ORDINANCE ACCEPTING COMPEfIfIV8 BIOS AND PROVIDING pOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS: PROVIDING FOR THE EXPENOIrURE OF FUNDS THERSPOR: AND PROVIDING FOR Ad EFFECTIVE DATE. Chew motion, McAdams second to adopt the ordinances On roll call vote, McAdams 'eye,' Stephens 'aye,' Alford 'aye,' Riddlespecger 'aye,' Chcw lays,' and Mayor Stewart 'ayes' Motion carried unanimously, C. The council considered adoption of an ordinance providing for the expenditure of funds for emergency purcnases of materials, equipment, supplies or services in accordance With the provisions of state ;aw exempting such purchases icon caquicemonte of competitive oidas and providin? for an effective data. Tne following ordinance was presentedt 00, 85-129 AN ORDINANCE PAQVIDINO FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASE9 OF MATFAIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF SIATE LAW 998MPTINU SUCH PURCHASES FROM REQUIREMENTS OF COMPBTIfIVE 81091 AND PROVIDING FOR AN EFFECTIVE DATE, McAdams motion, Stephen$ second to sidopt the ordinance, On toll call vote, McAdams 'aye,' 8tepoens 'aye,' Alford 'aya~s' Riddlespacger 'aye,' Chew 'Sys,' and mayor Stewart 'aya,' Motion carried unanimously, D. The Council considered adoption of an ordinance approving a contract for the City's participation in the cost of installing oversix# waterlines authorlsing the Mayor to execute the 4 e • 5trt 1t~jfi f, f 's~ ,a ar. r r( v Pr°. .r 1iJ x t""tip q~~~) S ~t 4ki MT ry IF City o.€. Denton city touncsi minutes ►tAeting of "July 1, 1985 Page sloven contracts opproving, the expenditure ' of fonds therefore, and providing for,an affective date, Bob Nelson Director of Utilities, reported that this, was." a reconfirmation of a previous agreement with. Allan Estates Mobile Home Park wnicn nod been purchased by HoligAn Development. This via a name charge only and all terms and conditions were the same. The following ordinancb was presenteds 140. 85-130 AN ORDINANCB APPROVING A CON'riwt POR THE CI?Y48 PWICIPATION IN THE COST Of INSPALLING 0YEASILE NATERLIN2 PACILItIE91 AOTHORI8Idi5 THE MAYOR TO EXECUTE THE CONTRACTS APPROVING THE EXPENDITURE OF FUNDS 'PHEREpOREo AND PROVID W FOR AN SFPECTIVE DAPS. Stephens motion, Chew second to Adopt the ordinance. On roll call vote, McAdams 'aye,' Stephens 'aye,' Alford 'aye,' Riddledperger 'aye,- Chew 'aye,' and Mayor Stewart 'aye.' Motion -carried unanimously. as Tne Council considered adopption of an ordinance establishing -cost for street lighting services puesuant to: ection 25-21 of Cnapter 25 of the Code of Ordinance iS repealing, all ordinances in conflict therewitbt and providing for an effective date. Bob Nelson, Director of Utilities, reported that according to the ordinance establishing pro rata charges for street lights, staff was required to review the costs every 6 months and re-establish the prices. This had been done and prices ranged between 623 and $35 with the exception of a few items where city conduits were included, That charge would then be approximately $100.09, council Member Stephens asked if these were current costs, Nelson responded yes, The following ordinance was presented! eS-131 00. AN ORDINANCE BSTABLISHINO COST FOR STREET LIOHTINO SERVICES PURSUANP TO SECTION 25-21 Of CHAPTER 25 OF THE CODE OF ORDINANCASs REPEALIHO ORDINANCES IN CONYLICT TdEREHITHI AND PROVIDING FOR AN EFFECTIVE DATE, Stephens motiong Chew second to adopt the ordinance, on roll call vats, McAdams aye, Stephens aye, Alford aye, Riddle:,perger 'aye,' Chew 'aye,' and mayor Stewart 'eye.' Notion carried unanimously, F. Tne Council consider~od adoption of an ordint.As and service plan Instituting annexation proceedings for a tract of land approximately 160 acres In site being a part of the 06 441ker Survey, Abstract 1330, and the M,8.Ps i P,R,R. Survey, Abstract 950, and situated north and south of Paige Road between 1-352 and Swisher Road A-20 David Ellison, Senior Planner, reported that 12 reply forms had been mailed with 3 etturned in oppositions This annexation had boon precipitated by a reyucit for a mobile home park, Staff had recommended annexation of the large tract to take in the mobile hose park area and also to squire .off the pity boundaries, Ellison than presented an overhead projection oe the current owners and locations of their prop uty in the tract, "Staff Celt that It parcels Veto . le:t out of this action, "futuro annexation in this Area might not 4:( City of Denton'. City'Cou"icil Minutes Meeting of July 2, 1985 Page Twelve be possible due to the inability to get a SOO feet strip required by state statute througgh the piecemeal tract which would be left. The future schedule action for this petition would be for final action on August 130 1985. Council Member McAdams askel who had objected to this annexation. P3111011 responded that no one had objected during the public hoarings. Staff had written reply forms from Arnold Xensss an Individual by the name of Stricklan4, and Mr. Mervin H. Cobb. The name Strickland had appeared on the property owners list but was not on the ledger of the map. Mrs Kenes and Mr. Cobb's property vas located on the highway in the center of the parcel. Council Member McAdams stated that as much as the Council might like to leave out pieces of the tract which had been objected to, because of their location it would leave the city In an untenable position for future annexations. The following ordinance was praice.ted: NO, 85- AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOU' AND ADJACENT TO fHE CITY OF DENTON, T8XASI BEING ALL TIM LOT TRACT OR PARCEL OF LAND CONSISMIG OF APPROXIMATELY 150.05 ACRES OF LAND LYING AND BEING IIUATEO IN THE COUNTY OF DBNrON STATE OF TEXAS AND 991N1 PART OF THE G. WALXER SURVEY ABSTRACT 40. 13300 AND TO.A M.E.P. # P.R.R. SURVEY ABSTRAiT NO. 9SO, DENTON COUNTY, fOXASI CLASSIFYING THA SANE AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN 81FECfIVE DATE. McAdams motion, Chew second to approve the ordinance as presented with all of the parcels intact, On roll call vote, McAdams "aye," Stephens "aye," Alford "aye," Riddlespergsr "aye," Chew "aye," and Mayor Stewart "aye." Notion carried unanimously. G, The Council considered adoption of an ordinance setting a date, time and place for public hearings concerning the petition of the City of Denton for annexation of approximately 115 acres of land being pant of the J. Nest Survey, Abstract 13310 and beginnin approximately 5,000 feet north of U. S. Highway $80 and west of ockhili Road A-22 David Ellison, Senior PLsnner, reported that this annexation had been begun anew. The first public hearing was recommended for July 16 and the second public hearing for August 6. There was no Planning and Zoning Commission recommendation aviA fable, Final action on this petition would be on September 240 1983' The field notes had been revised, NO. ES-132 AN ORDINANCE SETTING A DATE, TING AXD PLACE FOR PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY AS DESCRIBED HBRSIN 81 TH8 CITY OF DENTON, TEXAS AND AUTHOA121NO AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HSARINGa McAdams motion, Chew second to adopt the ordinance. On roll call vote, McAdams "aye " Stephens "aye," Alford "aye," Riddlespergsr "aye," Chew "aye, t' and Mayor Stewart "aye." Motiola carried unanimously. Ha The Council considered adoption of an approving an a reement betwisn the City of Denton, Texas and Datamatie, Inc,, for t e purchase of gn electronic Teter reading $yet#@, approving an agreement for aalntenance of the system and providing an effective dates y~ r l 4 dro 1 ~r a, y: 4 . : t 1 ~f t , y i~ r City of Denton City 'CouncII Minutes Meetingt of 'July 20 1995 Page Tl►irteen Bob Nelson, Director of Utilities, raported thct approximately two imonths ago, th city had taken bids on this itea'and those bids had been approved ~y the Council. However, some of detail problems had been discovered with the contract. 'fhe City Attorney and Datamatic had reviewed the changes to these details, the Utility, Legal, Purchasing and Customer Services staffs had reviewed the amended contract and recoamended approval. The following ordinance wes presentedt N0. 6S•133 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DEli rON0 'TEXAS AND DATAkATIC, INC. FOR THE PURCHASE OF A,N ELECTRONIC METER RBADIWI SYSTEM, AWOVING AN AGREEMENT FOR MAINTENANCE OF THE SYSTSX AND PROVIDING A.Y EFFECTIVE DATE. Stephens motion Alford second to adopt the ordinance. On roll call vote, McAdams r'ayo it Stephens "ayes" Alford "eye," Riddlesper er "aye 11 Chew "aye, I' and Mayor Stewart "aye," Motion carried unanimously. 1. The Council considered adoption of an ordinance authorizing the Mayor to executa an agreement between the City of Denton and the City of Dallas and North Texas State University for limnological studies on Lake Ray Roberts and approving the expenditure of funds therefore; and providing for an effective date. Bob Nelson, Director of Utilities reported that approximately one year ago, the City of Dallas, the City of Denton, the Corps of Engineers and the State of Texas and staff members from North Texas State University met to discuss water quality issues which might be present at Lake Ray Roberts. Also discussed was the development of a base line water quality status for the lake. From this meeting, staff had worked with personnel from the NTSU Applied Sciences Department and were requesting approval of an 16 month program developed to monitor some of the inflow streams and nutrients flowing Into Lake Ray Roberts to establish a base tine data to determine the water quality. This would allow staff to then determine what measures ■ijht need to be taken to insure the proper quality of water. It was also an !xcellent opportunityy for NTSU to be a part of an important p:~`JiQt. The total cost of the project was SS6,611. Denton's portion of the cost would be =110773. Council Member Stephens asked for some clarification of the background Information. Nelson responded that entrophicatlon meant the growth of nutrients in the lake. This was especially important as some of the run-off water cominp into the lake would be coming from fertilized land. Many run-offs today had a tremendous amount of phosphor@% and nitrates. These tended to increase the growth of algses. Mayor Stewart stated that this would be tha same type of water which was presently going into Lake Lewisville. A study of Lake Lewisville should tell what Lake Ray Roberts would do. Mayor Stewart then asked what was the different* between the two. Nelson responded that there were some similarities but there were also some differences. Staff rntlcipsted receiving beneficial knowledge from this study about Lake Lewisville as well. Studies of this nature had not been done of the file fork branch of tfo Trinity River. Lake Lavons to some degree and Lake Ray Hubbard had had a problem with entrophication and studies had beeen done. Lake Arlington had also been studied to determine what could be done and how to treat the water, Lake Ray Roberts would be differert from Lake Lewisville as the uVVper reaches of Ray Roberts would cover tremendous amounts of shallow lands. As that cycled up and down during the summer and winter, new veletetion would grow and become a p0art of the lakes This type of study had not been done for Lake Lewlswllle. 4" r, "S~['h"~ ~ ':S tkyi p'-,e y,a ~K:' h ~ '..r 1 i s•~.- Y v4 vV:-. ~ 1 3, City of DeAton City'Council minutes meeting of July Z, 1985 Page Fourteen ; City Manager Chris Hartung reported that the red? benefit of type study might come down the line if the city were to be faced with constructing an additional wastewater Treatment Plant. Some of the strict requirements for the plant might 6e more than what in fact was necessary, The EPA and state looked at what was happening to reservoirs and assumed that all the problems were caused by wastewater treatment plants when in fact there weie other things which were coming into the lakes nttorailr, the real. benefit from this type of study was to acquire the basellne data for future determination of what was necessary for treatment of the water. Council Member Stephens asked if the cost of the study was a one time cApense or an annual expense, Nelson responded that it was a one time study. He hoped that this would result in an ong,>!ng relationship with the university as other problems and/or considerations appealed with Lake Ray Roberts. This was a tremendous opportunity to utilise the resources at NTSU. The following ordinance eras presented: NO. 95.13/ AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF DALLAS AND NORTH TEXAS STATE UNIVERSITY FOR LIMNOLOOIGAL STUDIES ON LAX8 R Y ROBERTSI AND APPROVING THE EXPENDITURE OF FUNDS THERI1FORg; AND PROVIDING FOR AN EFFECTIVE DATE. Stcph 9 motion McAdams second to adopt the ordinance. On roll crtll vote, 1~cAdams "aye," Stephens Alford "aye," Riddlesperger "aye," Chev "aye," and Mayor Stewart "aye." Motion carried unanimously. J. The SouncII considered adoption of an ordinance approving the sale of 0.390 acres of real property as described herein; authorizing the Mayor to execute the documents transferring title thereto; and providing for an effective date. Rick Svehla Assistant City Manager, reported that the Council had followed this item at a previous meeting. This ordinance was the legal document to allow the Mayor to release the property for sale. The following ordinance was presented: NO. 85.13S AN ORDINANCE APPROVING THE SALE OF 0,390 ACRES OF REAL PROPERTY AS OBSCRI89D HEREIN; AUTHORIZING THE MAYOR TO EXECUTE THE DOCUMENTS TRANSFERRING TITLE THERETO; AND PROVIDING FOR AN EFFECTIVE DATE. Rlddlesperger motion, McAdams second to adopt the ordinance. On roll call vote, McAdams "aye " Stephens 'aye," Alford "aye," Riddlesperger "aye," Chew "aye j4 and Mayor Stewart "nay." Motion carried S to 1 with Mayor Stewart esit►ng the "nay" vote. S. Resolutions A. The Council considered approval of a resolution adopting six personnel policiest Residency Performance AppPraisal Accrual of son its Sick Leays Absence for Voting 11and8tory Ratimient kjU City of Heaton City council Mtilutes lioetin of July 2, 1985 Page Fffteen Kathryn Usre-Y, Director of fersonnei, reorted that staff wis requesting t e policy concern n sick lef a be removed from t e aQsoda. The remilnintt S policies were documentation of current City of Denton policies. the Absence for Voting policy would bring the city into compliance with state law. The following resolution was presentedt R A S 0 L U T I A _d MHERE43, the Director of the Personnel/Employee Relations De arteent for the City of Denton his presented prof polliles re at Ing employee rules and regulations for the Coune ss consideration; and WHEREAS, the City Council desires to adopt such policies as official policies regarding employment with the Cltyi SOW$ THEAEFORB, 68 It RESOLVED Of THE COUNCIL OF THE CITY OF DENTON, TEXAS, TH41s SmION I, The following policies, attached hereto and made a part hereof, are hereby adopted as official policies of the City of Denton, Texass Residency Reference No. 102.03 Performance Appvaisal Reference No. 101.03 Accrual of Benef;ts Reference No. 107.01 Absence for Voting Reference No. lli.03 Mandatory Retirement (Reference No. 112.03) SECTION it. The fore oing policies are attached hereto and made a part hereof and stall be filed in the official records with the City Secretary. SECTION III. The Employee Rules and Regulations of 1916 adopted by Resolution of the City Council on February .,.1977, are hereby rescinded to the extent they conflict with the for& oing policies and any administrative procedures and directives llssued under the authority of the City Manager implementing the policies hereby adopted. SECTION IV. This '.esolution shall be effective from and after its date of passage and approval. PASSED AND APPROV90 this the 2jjnd day of Juullyy, 1935. C. Y OF HNTON'-, , fS A Al?BSTt CITY 07 DBNTGNs TEXAS APPROVED AS TO LECAL FOAMS DEBRA ADAMI DRAYOVITCHs CITY ATTORNEY CITY OF DENTONs OXA9 B1~ t City of Denton city council m1noto$ Neetinf of July 2, 1985 Page Sixteen McAdams 20tion, Riddlesperger second thft the resolution be approved. On roll tall voto. McAdams "aye,' Stephens "aye," Alford "aye," Riddlesperger "aye," Chew "aya," and Mayor Stewart "aye." Motion carried unanimously, B. The Council considered a roval of a resolution for a pipeline license agreement with MIT railroad for a 14" sewer line on Woodrow Laa.e, Bob Nelson, uirector of Utilities, reported that ,.nls was a routine item. The following resolution wits prosentedt R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON* TEXAS: The Mayor is hereby authoriged and directed to execute on. behalf of the City of Denton, Texas, a Pipe Line License A reagent dated July 1, 1985, between the City of Denton and the Mfssouri- Iansms-Texas Railroad Company, relating to the construction, roconstruction, use maintenance, repair and installation of one fourteen Inch (1411f sanitary sewer line at Mile Post I-7234096 Denton County, Texas. PASSED AND APPROVED this the Ind day of July, 1985. CITY OF DBNTON,r6X~S Arr6ST: ARLOTT L 6 i CITY SBC Ci lC-fl CITY OF DENrON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTOLISY CITY OF DENTON, TEXAS BYS Stephens motion, Chew second that the resolution be appproved. on roll call vote, McAdams "Aye)" Stephens "aye," Alford "aye," Aiddlesperger "aye," Chew "aye," and Mtjor Stewart "aye." Hotlo4i carried unanimously. 74 The Council considered the appointment of an Acting City Manager, Riddlesperger motion, Alford second to s oint Rick Svehlm as Acting City Manager be inning September to 19>!S untll a new City Manager was choseo, Motion carried unanimously, 8. New Business The following item of New Business was suggested for future agendast 1. Council Member St4pheng asked staff to study and bring back to Council roc-Emendations for revisions to the ordinance on automobile wrecker/ownar liability. 91 There was no official action on Executive Session hers of legal mattera, real estate, personnel and bard appointments, r l.~ f tY .r Yi Y F F .~fi 2 r . 1~,t r w: Yip SS p k in' j 1r!< City of pent6n City Council Minutes Hefting of July 2s 196S 1 Page Seventeen The Council reconvened into the Executive Session to discuss le a1 matters, real estate, personnel and board appointments. No offic al action was taken. With no further items of business, the meeting was adjourned. (MARLOF111 ALLIR, CITY SrSCRUM i 1gSOC 1 Y 7 . ...61 f F or City Council minutes idly 16, 19BS • ' The Council convened into the Work $*salon at S330 p.m, in the Civil Defense Room, PRESENT: Mayor Stewart, Council Members Alford, Chew, Mayor Pro rem Hopkins, McAdams, Riddlesperger, and Stephens. ASSBNrs None Is the Council received a report from the flow Memorial Hospital Task fotCe. Cpanoil Member Riddlesperger stated that County Commissioner Ruth Taneey and he had shared an idea to find a solution to flow Hospital. They helped tots aA informal task force to submit a plan to met tail problems A# 6~s '.oSpital. The task force had met since Apwi l and now nad the beginning to the eolutlons, Council Member Riddlesperger then introduced Dr. JIM K111ingaworth who gave a lengthly discussion of the flow Hospital report. Dr, Klllingsworth stated that the purpose of the task force was to allow the Hospital to become a 1501-C1' non-profit organisation wnicr, would be community based. A Blue Ribbon Committee would allow for local controls on the lease and assure representative somelcinterim funding runtil ethwoV e new on financial that Workings wentd into effect. Council Membef Riddlesperger ststed that no was very impressed with hod much has been accomplished by the task force committee, Mayor Stewart asked if the current Board was a non-legal Board and would have to do What trot legal Board wanted, Council Mamber • Riddlesperger answoced yes it would have to. Mayor Stewart then astied who was responsible for the indigent care- the City, Council Member dlddlesperyar answered 'no'. Council Monger McAdams asked which group was responsible for the decisions concerning Indigent cats- the task force or Lne Blue Ribbon Committee. Council Member Riddlesperger replied the Blue Aiobon Committee, Dr. Kill ingsworth stated that the City and the County would have to set up a Board and must approve the issues brought before it. Mayor Stewart stated that he didn't want the City to get into paying for indigent care as it has never done It in the past. Curls Hartung, City Manager, stated that the total recom.-aendation was geared for better health carA for the lndlgent and the people of Denton County. As the hospital began to stand on its own merits, it would improve and the problems would be less. 501-C3 would be a step. It would allow the hospital to move toward a more positive cash flow, That would be the objective. He expressed hit thanks to Commissioner Ruth Tanssy, JIM Riddlesperger and all the Board people } who had done this work, Council Member Riddlesperger asked all those in the audience who supported flow to etAnd up and be recognised. Council Member Stephens asked how' long the interim finanainqq would be needed. DC, xillingaworth stated the task force remained vague on that Issue on purpose so that the needs of the Hospital could be mat. Council Member Stephens asked it October of 1986 could be the time and not the entire fiscal year. { ~n4 r. 4 .ti a ' .TAG y tw w ,g ,ik. . n~ ~ n { r i4~.•.~ w , 7 , T.a t 5,, 11, j j City of canton City Council Minutes Meeting of July 16,1985 Page Two ' Council Member Riddlesperger replied that the interim financing would not be needed after the corporation was set-up and on it's feet. Council Member McAdams stated that she was not clear on the meaning of 'interim' financing, Would additional money over and above the normal amount be needed to put in. Council Member Rlddlesparger stated that the City and County would have to decide hof much money to give on a temporary basis. Council Member Chew asked how much money would be needed. Here any figures available. Council Member Aiddles~eerger stated that the figures were in the budget. Council Member McAdams asked if the Council agreed with the idea of the Blue Ribbon Committee, would it also have to agree on that particular amount of money, Jr, KillingSWOrth replied that the Hospital would need sustained support to do this. It did not commit to any specifio amount of money. The amount was a blank- just a suggestion of sustained money. Council Member Alford stated that finally now have reached the point with ideas that the community needed to hear, gust now go forward with those ideas. The Council should support the idea. Motion to allow the Committee to go on with stop 2 of the task force plan carried unanimously. 2, The Council held a discussion of the proposed resolution amending the current overtime policy and eliminating the current compensatory time policy, dotty McKean* Assistant City Manager, presented a report on the new fair Labor Standards Act recently passed by the federal goverment, She stated that tna new act would have a great deal of impact on our local government, A task force was currently in effect to Study the implications of this new act. Me. McKean gave some detailed examples on now the new act would effect different employees In the City. 1, fns Council convened in to the ExecUtive Session to J!scuss loyyal matters, real estate, personnel, and board appointments, No of total action was taken. rho Council convened into the Regular Meeting at 700 p,m, in the council Chambers, PRLSIVI! Mayor Stawartr Mayor Pro Tom Hopkins) Council Membars Alford, Chew, McAdams, Riddtesperger, and Stephens. ASS6Mft done 10 The Council considered approval of the Minuues of the Special Called Meeting of June 25, 1906. Riddlesperger motion, McAdams second to approve the Minutes as presented, Notion carried unanimously, 2, Consent Agenda McAdams motion, Chew second to approve the Consent Agenda as presented, Motion carried unanimously. • <<: ` ,,wpr 1 it ~.R n a "w w > 2~ s r. i. V u . r' 1• sea r . city of Denton city council Minutes Meeting of July 160 1985 Page Three i Consent Agandat As Bids and Purchase Orderes 1. Bid # 9176 - Connection enclosures 26 Bid 1 9479 - Resurface Noftnlake gya floor it Bid # 9480 - Crown lane markers 4, Bid # 9484 - Mobile radios S. Sid # 9411 - Woodrow Lane sewer imptovemants 6. Purchase Order # 68599 to Business Essentials in the amount of 15,570,00 7. Purchase Order # 68975 to Boyd Excavation in the amount of 1210125,00 S. Purchase Order 1 68914 to t,S.M. Corporation in the amount of 1181068,40 90 Purchase order 1 69073 to Public Teohnology, Inc. in the amount of 11,000,00 B. Plats and Replatos 1. Approval of preliminary plat of the Davis Equity Realty Addition, Lot 1, Block 1. (dine Planning and ton!nq Commission • recommends approval.) 2. Approval of preliminary plat of the Dunton Manor Estates Addition, (The Planning and zoning Commission recommends approval.) it Approval of preliminary plat of the feaeiey Center Addltlon► Lot' 31 Block 1, (Tne Planning and zoning Commission recommends approval,) 4. A roval of reliml Center Addition Lot ?,let of the Teasley Block 1, (The Planning and toning Comission recommends approval.) it Puolio Hearings , A. The Council held a public hearing on the petition requesting a change in zoning from the two family (2-P) classification to the multi-family (Ml-A) district on a 7,2 acre tract. The property is located south of Interstate H1ghK~ty 356 and east of Lillian Miller Parkway as shown In the John McGowan Survey, Abstract No. 791, the Mayor opened the public hearing. Mr, James Densky spoke in favor of the petitinn for the landowner's, the McNsili's, Mr, Densky spoke of the history of zhe zoning of the trant, In 19601 the Planning and toning Commission had this tract before it, along with several other tracts, with a tlquest to change the zoning from Agricultural to Multi-lasily %MP-1), Later the stoning request was changod by agreement to (MP-A), At that time Planning and toning recommended approval, At a later Ante, the City council app~oVeds In the slatsso the retching froti Agricultutal to MP-Ad sowevets in a alosed retrion there was An apppateht cUproAlts which requlred two rows of duplex$$ be placed along 7-' 7A I City of Denton City Council Minutes Meeting of July 16, 1985 Page four • the southern portion of the tract which aoutes the residential area, The official ordinance stated that the tract of land was zoned U. rants shoved an inconsistency between the City Council and the official ordinance. Recently the property came before the Planning and Zoning Commission to be rezoned Kt-R, The Commission recommended denial by a 4-3 vote. Mr, Densky refered to the Planning knd Zoning Coa.;aission minutes of Jane 26, 1985 in which Mr, Clayoocn believed the MF-R designation w051A be justified. But he would be more inclined to go along with a planned development for AP-it and abut single family tracts with one row of duplexes. Mr, Densky felt that Mr. Clayborn denied the coning request of AF-A because that was what was before it. Mt. Densky stated that the McNeill's contention tnat this tract should be scold MF-R. An alternate proposal was presented which would include a single row of dupleses abutting the single family tract if the Council felt that the aulti-family designation was n)t an adequate buffer for the residential area, Are Deh3ky than presented Cactore that, he felt would support ►he :oninq' request change, He ppginted out that the original 84 ac a tract had general retail on it and that the land around this pa,ticular tract had ha.l. no further development on it other than general retail, The area wale designated at moderate intensity based on the theorto fs to what was proposed for the area it was on a major artery( 233), there was good access in and out ck this property by an eassr»ntr Lilliar. d. Ml lot may be widened to a 4 lane road and Loop 238 may be extended tae the State School underpass which would take tcavace away from this area. Mc, Denak went on to state tnat the McNeilla felt that the City Counoif orginalty intended for the tract to be MF-A, that there was some sort of inconsistency In the toning, and that it would be impossible to put any type of fourplex it sizplex housihq on Uri sits if a double cow of duplexes were tequired, Mr. Densky requested that the City Council designate this tract of land as MF-R and as an alternative one row of dupl*zea abut the Single family tract. No one spoke in opposition, Tne Mayor closed trio public hearing* uents$ Spivey, Development Review Plann`tr reported that 3 reply forms had been mailed, ace returned ih lavor, zero to opposition, She stated that Mc, Densky had done a good lob outlining the toning history of the tract of land. Tne tract we* located in a moderate intensity area whim is apptostmately 781 over the standard based on existing zoning. increasing the zoning would aggravate that situation further and odd more traffic to an already congested area, She further stated that the MF-R was more pteferab'.e to the original «f-1 zoning, hF-R zoning would be a more appropriate buffer for the proposed and existing single family areas that are approved to the south and the west. Planning and toning recommended denial of this proposal oy a vote of 4-3. i Council Member Riddlespergec stated that he felt that the ordinance was done ineorreotly and in view of what the t3unoll had previously passed, * Ysd to approve the MF-R with a single row of duplexes; Hopkins tacrfnd- Council Member Stopnena stated that he did not recall anyy closed session but did recall a time-out for discussion. It atatad that the teeunsiatency between the minutes and the ardinance was the one row of Mt-ft on the bacs. side lift out, The minutes stated that there be two rows of duplexes (2F) on the south side fad then Mf-R on the north ilds next to the Village and in wetting the ocdinance, the MF-R on -he north ride was left out# do stated solar concerns that if the r"-A soninq mange wee granted that more coning changes to Kt-R May L*SUlt. Council Member Stitphens stated that he was under the tmpcesston tact •h*n the soning cha,ige was first presented J T"~ City of Denton City Council Minutes x0tinqveof July 160 198V P1,~e Yl • to the Council that the request would be as presented in the nintues but it came back as M1-1 and then as Mi-R. Bow requesting one row Of two family, need t) ask the Attorney It the Council can approve what in not on the agenda that's being discussed. Debra Drayovitcn, City Attorney, stated as ter as approving a more restrictive/loss intensive coning classification, which in this caso, the two family was lees intensive and mote restrictive, then there would be no legal difficulty with the MP-R. Council Member Stephens questioned the fact that the zoninj request was presented at the first heating as MV-1 and at the council meeting, the request was changed to Mt-B, t3o Council stated that it was not possible to change the zoning petition at that timo, dow the Council was statiFg'that It vas ok to do that Debra Drayovltch replied that the Council did have the euthority to take that action, Council Member McAdams stated that she thought tits alternative was to do what the minutes stated, two rows of duplexes and n:°-t. questioned what the rationale was for eliminating one row of duplexes. If the Council was trying to correct something, should go back to what the minute: stated, one asked those who thought there should be only one row of duplexes to please oxplain why. Council Member ►1i4dlssporget stated that he believed two toys, looKing at the narrowness of the plot, would take up the whole plot. de stated that he felt that one row of two family houses would oe adequate protection. Council Member Hopkins stated he felt that the plat could not lend Itself to two tows of duplexes at all. Mayor Stewart called for a vote on the motion as presented. Motion failed with a 4 voting 'aye' and 3 voting 'nay', Council Member McAdams asked if the Council could go back to What the original minutes stated if it was legal to do sob Council Member Chew agreed and stated that he felt that was the whole purpose for placing it on the agenda- to go back to what the original minutes stated, Council Member McAdams stated that the original request to redo this because of a miataka and the reason it was being done with no charge to the petitioner wee to go back. and give the Council an opportunity to do what the minutes said if that was what they wished to do, it ttat is trio case, then the request tae still two rows of duplexes and M7-R toning, Council Membet Chow agreed. McAdams motion, Chew second to approve the petition as M1'-R with two rows of duplexes. Motion failed with 3 voting 'aye' and 4 voting 'nay'. as The Council held a public heating on the petition of Randall Smith requesting a change In toning from the agric.itural (A) classification to the planned development (PD) classification on 20J,51 acres. The propett is located west of Teasley Lane and north of Hobson Lane, he following land deer are proposed for the planned development Single family (60-16) - 15.62 acres Density 2.2 units per acre, total units 13 Single family (81.131 - 24.21 acres -F , , s r t r A t"}.v~' Ux tf ^vt rM t :_T.~$' exp.-(+yC~k N,, ,3e xk y 1 l Id9 t,• a ~city of`Deaton City Council winutea Heetinq of July 16 1985 Page Sin Density 2.63 units t?ec acte► total unite 61 single gamily (8d-10) - 16.91 acres Density 2,81 units per acre, total units 131 tennis Clyo - 9.58 acres single pamll ($P-7) - 36.81 acres Density1~,,3 unite per acre, total units 130 Du lex ,32 acres enmity 5.5 units per acre, total unite 100 - Cluster Housing - 29.91 acres Density 10.9 units per acre$ total units 326 (rne Planning and toning Commirsiun recommends approvalO i The Mayor opened the puolic hearing, Mr. Roger Barrett, Pisld► Edwards and Associates, representing Randall Smith, spoke in favor. He presented a brief history of the tract stating that It was first brought before Planning and toning with a different developer with 1500 dwelling units whleh gas denied by 7lannlnyy and toning. Tne next Submittal was lot' 1200 unite and that was also denied by Planning and toning, The objections to that submittal were the there war too much office use, retail use) multi-family use an a low percentage of single family homes on the Site, Tne c.ew proposal had lOwtfred the number of dwelling units to 791, no office use on the site, no refill use on the site, no multi-family use on the site. A mucn more traditional single family neighborhood. A major flood plain area would be used as an open space detention. Limited ppooints of access would be Used to control traffic in the area. Misaien Street to the welt would se Opened to minimize traffic on MOOSon and Teasley. Storm drainage would be a major factor In the development of the tract. Mr, Barrett went on to state tnat they had had many meetings with the neighbors and had tried to answer their questions regarding the role and ability of the developer to soive the drainage problem. Mr, Barrett felt that the development would benefit the surrounding neighbors by concentrating on the peak flow and lsse siltation 'entering their pond, Planning and zoning's major opposition, as far as the neighbors were eoncern(,o► dolt with the a orm drainage problems, council Memoor Stephens asked to see the drainage map -ip closer, mt, Barrett went )n to explain the water shed areas on the map and showed how the dr,entton ponds would eliminate some of the problem-3 for the 6ownstraaw homeoleners, Council Member Stepnena asked about the Sig* of the detention ponds, Mr. Barrett explained that the exact site and deptt. of the ponds had not yet oeen determined. Mayor St6wart asked if the total number of ponds would bo tout, i Mr, Barrett replied that there would be d ponds in the upper water oned area to make the water available to as many lots as possible. Council Member Riddlesperger asked if Acme Stick owned the land alt tna way down to Mission Street. Mr. Barrett replied tnat Acme Brick did awn that land and that they abutted their land on the vest, council Member Aiddlesporger asked If there would be access to dwy, 377. Mr. ~itrett replibd yes, Mr. Mitchell d. Turner spoke in favor of the petition, Me stated tyat he was a volunteer Spokesman for this particular development. Y,e oppated the first NJ%. ;etltione but was nov in favor of the sresent patitlona He felt that there veto two major SIMMONS a_ V `q ~'~6~ s City of Denton City Council Minutes Meeting ,f July 160 1903 page cotwerna of the homeooners (1) that tnere would oe no light industrial, no sales, no opts (2) needed a, buffer zone west of Teasley and north of Hobson that would nave lots of similar size as those on the other side. 'the developers requested two meetings with the homeowners and after discuselons, made some consessione in their development. in conclusion, Mr. Turner felt that the homeowners had come close to their objectives • those of buffer xOneS, a homeowner neighborhood, reasonable density, realistic land use, drainage plan is good. Mr. Turner finished by asking the Council to consider approval of the petition. Mr. George olufsen spoke in favor. He agreed 4ith the views of Mr. Turner and asked the Council to approve the petition. Mr. Thomas Cain uKAs in opposition. He stated that tie vas not In total opposition to the development out wao concerned with the associated problems of the development - those being the -sewer system and road system in the entire area. He was concerned when Teasley would be fixed as it would Soon be over capacity. He suggested that the development be approved with two restrictions, (1) an engineering study be completed on the sewer facitilities and (2) Teasley Access approval as opposed to patting in the facility and then trying to accommodate the traffic. Mr. William Garner spoke in opposition, dis major concern dolt'wieh the drainage in tae area. He felt that the new development would increase the i,robleme that already existed. The water studies were not complete. He felt that the project was premature - that all the necessary homework had not bean dine. The Mayor allowed Mr. ddrrett to apeax oriefly in rebuttal. Mr. Barrett addressed the concerns brought up by the opposition. Tne sewer problem would be solved when the sewer lift station was finished which wo•Ald be in a matter of months. And would definitely be finished mon':hs ahead of schedule. The lift station would adequately serve the area, Dealing with tht street issues, Mr. Barrett explained that Mission Street would be used for the construction traffic- not Teasley Lane. The future construction of Teasley lane would not only have an effect on the existing neighborhood but also on the new development and that the developers were ae concerned about the new construction as the neighborhood. The new development would help the drainage problems that the area nad and could nave done so years ago. The Mayor closed the public hearing. Cecile Carsons, Uroan Planner, reported that 50 reply forms had peen mailed with 3 in favor and 9 in opposition. The tract was 903 residential in nature and was a low intensity area. The proposed development was computable with existing land use. The developers were aware of the drainage problems and had constructed poasible detention areas for this problem. Teasley Lane expansion would have an impact on this project. 'rnerefore, Pit recommended that Mission Street be extended from this property site to Highway 377. P 4 2 recommended approval with 11 conditions by a vote of 4-3. Council Member Stephens asked what was the life of a detention pond. Carsons replied that she did not know out that it was her understanding that the homeowners were required to maintain the ponds in a condition so that water would be detained. Council Member McAdams commented that she felt the development had somk very poaitive aspeots, one being that the entire tract was being done cp,One developer, That dsvelope: would be concerned with the marketing, etc. all the way through to.* development, ~'"1 yJa 'did s~ A 77 5i xu r..u+ , a .4` r t r r . a .F , r i r L ' ` CI'y Of Osman Cit.y`foanoil Minutes Meeting of July 161PAges Page Sight McAdams motion, 'Cnav second to. approve lht. petition with the conditions attached by the Planning and toning Comissioh. Council Member Stephens asked it Mission Street was a dedicated' street and how the right-of-way was yoing to be obtained from privately owned property and should the city's right of condemnation be used. If the right-of-way could not be obtained, would the whole development be in trouble. Carsons replied that Mission Street did exist but it had not been determined it it was a puolicly dedicated street. Part of the property was owned of Acme Brick and it did usa the street as an access. Negotiations would have to be made with property ownets in the area. Debra drayovitch, City Attorney, added most subdivision ordinances had a provision that if the developers were untlble to secure the right-of-way land Isom; the private homeowners khat the „ity would step in and use it's power o condemnation with the coste'being paid by the developer. Council Member Stephens stated that no had three corcernl with the development. One being the lower Intensity which had besA met, the other was drainage with all the questions not being anstfdred on that imbue, and the third was the ingress/egress on Mission'$treat which' nad been answered. Stephens suggested an amendment to the motion to block access to Teasley Lane until the 4 lane yoo was finished snd ready to handle traffic. Council Mamoer Riddlesparger stated that one could not block a public street. Council Member Stephens gave saveral examples of streets that Were closed or temporarily blocked until other conditions wore completed- one of those being Lillian B. Millar Parkway Council Member Riddlesperger att:ted that it would be too inconvenient to homeowners Council Member McAdams stated that ,he did not want Stephens amendment to her motion. Council Member Hopkins stated he couldn't agree to close 'Teasley. He stated that there veto many strong points to the petition such as the detention ponds and the single developer concept. Mayor Stewart called to remove the amendment. ?asked unanimously. Mayor Stewart called to late on the motion. Motion carried 6-1 with Council Member Stephens casting the 'nay' vote. C. •Tne Council neld a public hearing on the petition of Peggy Burnside requesting a specifi: use permit in a single family (SP-7) zoning district on a 2.1 acre tract. The tract was located at the southwest corner of Sherman Drive and Hercules Lane and shown in the Nazarene Addition. If approved* the specific use permit would allow the operation of a bay care center in a single family (SP-1) zoning district. Tne Mayor opened tea pubic hearlny. Pastor Bernie Burnside spoke in favor of the petition. He requested that, as a church, they be allowed to use the present facilities as a day rate/Christian pre-school. He listed saveral reasons for requesting the petitiong an extension of the ministsriss of the church that already existedt it was one of the best :locations in town for a pte-school located on the outsklrte of town, streets are ~~''i 7 i" rn P~ k. +`t •.1,, .S, n.ti t.y ~~r 4 u t City a# oentop Clty CoUnctl Minutes Meeteing9 of July Id, 148S ' Pag Nlhe Adgquatei access' to property from Hetculte) large site' (2,1 acres)) trans-(station would` not be a prpolei as the apptoacn to the prt-school would boot from Sherman Delve U Hercules Drive and there voukd be plant o!• parking at the site, He want on to skate that utilities would 14t De a problem As they art, already suitable and that them odors "no drainage pproblema, Paedr Burnside felt that there was a need for a Chiletian pre-school in Denton and that the Churcn ought to be allowed to operate the pre-school as an extension of their ministery-to extend the use of the church throughout the week. A denial of the petition would be a denial of thelr:teligious rights. Council Member Riddlesperger asked why theta was so much opposition to the petition. Pastor Burnside replied that he felt that the neighbors did not want a church built on that site in the first place. Council Member Alford waxed if the facility would be for church memoirs only or for non-Members also. j Burnside replied others also. Council Membet Alford asked if there would be a charge for the facility. BdrnsLde replied yes. Mary Ramsey spoke in favor of the petition. She felt that as a working mother it was difficult to find adequate child care for Cnristian learning. The Church would be charging for a profit but it would be providing a service and charging for that service. Ms. Hassey felt that there was a need for a day care in that area as there was only one other day care north of U,iverslty Drive. She stated that there was much opposition in P 6 1 regarding the type of Structure the Church had. Sne explained that the front and sides were brick, the back, steel. the back was steel so as to allow for further expansion sometime in the future. Traffic would not be a problem as the flow would be directed through the parking lot. Mr. Jerry Span spoke in favor of the petition. He felt that a day care in that area of town was muen needed and that it would be an extension of the ministery. Traffic would not be a problem as all the streets to the wost of Hercules had an access to Sherman. Me, byndak Bullock spoke in opposition of the petition. He spoke of the extreme opposition to the patitlon by the surrounding homeowners. Homes were bought" in a single family dwelling zone and would like to keep it that way without arty special use permit zoning. 'traffic had already increse,) in the area on itednesday evening and Sunday and more traffic would a,a expected if a day care were to open. Relating to the traffic problem, Mr. Bullock stated that Hercules narrows greatly when tt tntersects with Sherman and that to was very busy. There were no sidewalks and only one strait to access to the church and it was a snort distance from a very dangerous intersection. He went on to Say that the building now did not conform to the others in the neighborhood. He felt that any type of commercial effort could be damaging with dumpateca, commercial deliveries, buses, added traffic would be of concern for reoldents and their children. Mr. 9ullock asked the Council to deny the petition. Me. Beverly Rampoldi spoke In opposition. She, stated that Hercules was a very small street with no division lines, no sidewalks, and no olds tines, She was in opposition to the business - not the church. • Ms. (Ou Cannon spoke in opposition, She stated that i years ago I s p,: a Y;rr;?ii c '.t s • -r r T sa I 1 i ti 1 [ 1 lr L 7 City 'of Dedh0,n'CAity Gournk: I Minutoo Meeting of July 14, loss . rage on ' tniy built at their location because of cestriot,lons, She'felt that since the church has been built that the pfoperty/value of the surrounding homes had gone downe She also felt tha: derculee posed a problea in that the 'turn fro Hercules and Sherman was very dangerous. Ms. Martha Springer spoke In opposition. She stated that the exterior of the church was offensive, The day care business of the cnurch would make lot of money for the church, The church was also non-profit 6•1 they wouldn't pay taxes on the money they took in. Mr, Gene Meyer spoke in opposition. He Stated that Hercules Lane was not represented correctly on the map shown to the Council The added day care "traffic would be a problem. The playground facilities abutt up against the neighbors backyards. Mae Shanna Cnild spoke in opposition. She stated chat the, church would not be able to expand unless it came very close to her backyard. A pplayground would go right next to her yard. She stated that she had read an article from the Denton Record-Chronicle advertising for pro-school care at the church. ' Putt that this was jumping the gun. Mayor Stewart allowed Pastor Burnside to speak briefly in rebuttal. Pastor Burnside commented on the following points: (1) both Hercules and Sherman were scheduled for expansion in the neat fu`,ure (2) most day cares were located in residential areas because it provided easy access to the public, (3) the assistant pastor of the cnurch went door-to-door and talked to the neighbors aoouc the project, (4) the church net all thn code requirements of the City, (5) the mother's Day Out program does not need a license up to 12 children. He felt • that the major Issue was that as a religious institution, the church should be able to provide religious tsacning Monday through Friday, even wnen the church was not meeting. The Mayor closed the public hearing. Denise Spivey, Development Review Planner, reported that 15 reply forms had been mailed with 13 returned in opposition and 1 in favor. Ina Denton Development Guide clasjified this area as a low intensity area and listed 5 criteria that the Guide stated diverse land uses should meet when proposed in law intensity areas. (1) A strict site design ;ontrol within one clock of existing low density residential land use. This being a specific use permit, specific conditions and development requlromonts could be attached to it before an occupancy permit could be issued. (2) Density and intensity standards would not be violated ritn the development of the proposal. (3) Traffic planning would insure access by collector street or larger. Hercules fulfills this requirement. (4) Sufficient green space for recreation should be provided. This tract is 2.1 acres and meets this criteria. (5) Input into the planning by the neighborhood was difficult to determine without directly being involved in it. While the site had several positive features, there was strong opposition by the local residents. Tne residents wanted to maintain the present residential aspects of their neighborhood. Planning and Zoning recommended denial by a vote o 7-0. Council Member Alford stated he could understand the feelings of the homeowners and was sorry that perhaps a day rate would not be able to be provided in this area of town but he had been out and watched the traffic himself and that the problem was sufficient for denial of the petition. Alford :lotion, Chew second to deny tee petition as presenter. Motion carried unanimously. cf fg s fr.1 ~f r"~~ 1. Y t t s t n V i u 6} i, f .Char rYr alp k k i•r 7>t 1 F f r 1 i i 't. City oE{'Oenton"City Council Minutes Meetii)qq of Jury 160" 1985 page Eleveo D. The Council held a public hearing' on the petition of Allen and g .requesting a change in coning' from the multi-family (i!r-1) r,eral retail (OR) elasetfication to the planned development 00) dietrict. The tract was located on the West side of Bonnie area Street approximately $00 feet north of West Oak `Street. The Mayor opened the public heating. Mr. Daryl Lumas, representing First Texas Medical, Inc., spoke in favor. The request would serve as a fir,. for a two-story 54 bed hospital. He supplied the details as to what type of services the hospital would be able to provide. The Texas Health facilities Commasion had granted t certificate of need. If began in September, 1965, the hospital ould be completed in 18 months. Site would be an excellent location as it already nad access to the First Texas Medical center, No one spoke in opposition. The Mayor closed the public hearing. Denise Spivey, Development Review P1annor, reported that 8 reply forme had been mailed with l received in favor and none in opposition. This development would include a 1-story 50 bed hospital combined with an existing clinic on a 9.8 acre Site to form a nospital and medical cer,•ter. The proposal would be Compatible with existing surrounding medical facilities. The moderate intensity standard would not be violated and was consistent with the Subdivision regulations except for curb cuts. The petitioners had agreed with the need for an add:tionai curb cut. The landscaping and green areas were another positive and ample parking did exist. Planning and Zoning recommended approval. McAdams motion, Cnev second to approve the petition as presented. Motion passed unanimously. S. The Council hr,ld a puolic hearing of Burke Engineering, representing W. Lamont Brown, requesting a criangs in zoning from the agricultural (A) classification to the multi-family (MF-1) classification. The tract was located on 6.822 acres as shown in the J. Fisher Survey, Abstract No. 421. The Mayor opened the puolic hearing. At. W. Lamont Brown spoke in favor. He stated that if approved 2 and 4 family residences would be provided for some special people. If approved, all City codes and standards would be met, in regards to set back streets and the like. Felt that there were some misunderstandings regarding nomenclature, if approved, there would not be 25 units per acre developed on the property and at no time .ras !here an intention to do that. Wnen went to e i a there was some confusion regarding what type of zoning fas beinq requeal-ed. On March 1, 19850 received a letter indicating a possibility that if went with 11 units or less, the proposal might be more favorably received and he felt that that nad been communicated. Tnat desire was not communicated to P 6 t and the d.ty before P 6 Z were asked if plats for 12 were ready. The plate ware obtained and then were informed that they could not be presented the day before P i z, Traffic by staff would bo shown to be an additional 61 over concentration, Brown contended that it would be 2 1 with traffic moving in tness different directions- north On Llilian, wart on Teasley and south on P92181, Brown Stated that one of the neighbors mad stated publicly that frown intended to obtain the change in zoning and then resell the property. He contended r,paL that would not be the case and tnaL' he would participate in it from the beginning to the end of the development, Brown explained that the • development would include some 2 and 4 family residences for people who are physically,handicapped, Two specific ireas to address 1) y T city of 'Denton City council Minutes meeting of, July 160 1985 Page Twelve the building would nave not only the Opp ROprlata ingress/egreas and railings but also walkways with' turnouts on the gprounds. In addition outside recreational facilities s-1ch' as teiinls courts shuttle board areas, Swimming pool with haAdrallc And special equipment for the handicapped would be installed. Also inside facilities would be developed to adjust to the hanelcapp64. Brown emphasized that around 75-80 units on the tract would be acceptable and in the initial stage did request 100 units due to some financial unknowns. It would be concelvaDle that upon final platting and final research that 65-10 units on the tract might works would serve as an excellent buffer as commercial property( office/retail) directly across the street in the Sent oaks addition. Brown felt that there were 5 points to make the property ideal to their request; (11 small in size - would not negatively impact the area, (2) accessible to 1351 there are other subdivisions in the area that were geared toward special people- retirement community, (4) mass transit planning would be easier it te.vae types of communities were in the same location, 15) elevation would be ideal- no sore than a 12' difference between the low spot and the high spot - compatible for the ingress/egress that would be necessary. Council member Stephens asked it Brown knew the zoning before he bought the property. Brown replied yes. Co.ncil Member McAdams asked for a clarification on the confusion regarding the zoning. Brown replied that he took full responsibility as to the confusion. de was out of town on business. Originally submitted that he wanted 100 units IMF-1) out did not know that he could go up to 25 unite © per acre as he only wanted 100 units maximum, Received a letter on march 21, 1955, which stated that the (MP-1), because it did allow up to 25 units per acre, would be out of the questio;i. Staff advised to resubmit under another condition such as planned development (PD). When agreed cc go ahead to P 6 Z, it was with his understanding it would be as stared in the letter. A forma! letter or replatting was not done. Was assumed verbally. Day before P i z discove:ed it was still (MV-1) and that it was too late to change. Has Sheila Miller spoke in fG,vor. As a consumer she felt that the development would be a deflrite plus for the City because she did not know of any other complex in the City of Denton or the surrounding area which would offer as many outside recreational facilities for the handicapped. There are other apartment complexes for the handicapped in the City but they did not offer the outside facilities that this one would. She felt that the City of Denton would greatly benefit from a development such as Mr. Brown was proposing, Mr, .Jerry Cott spoke in opposition. He felt that no was not quite au:e what being discussed. He came in believing that (MP-1) was be ng requested. AS was against that type of zoning. Regardless of the use, 15-100 units in that area would affect all of the sur aunding property. He suggesto..d that the present petition be deni)d and table the proposal untti it was clear what type of zoning would be requested. Suggested a zoning of (SP-16). The neighbors %ould approve of that type of zoning. He also stated that Mr. Brown told him that he(Srown) had no intention of completing the project, and, in light of that comment, would suggest a beginning date and an ending date for the project or the zoning would revert back to agricultural (A). Mr. Kyle Thompson spoke in opposition@ de could «ot go along with • the Zoning of (M8-1) as it would allow thl owner free to do whatever he wanted to do with the property, de felt that Mr, kown was not site of what he wanted to do eithsr. li tiR } ~r ~ " 4 City of 'uenton'City Council Minutes Meeting of July 16, 1985 Page Tnirteen Mr. Floyd Calvert spoke in opposition. He was concerned about the traffic problems which the development would create. The Mayor allowed Mr. 8rown_to speak briefly in rebuttal. drown stated that the traffic would increase but since it would go In three directions and vita the eventual widening of PM2181, there would be no proolem with the traffic. With regard to the development, Brown stated tnat they would like to put in between 80•104 unite so ae to come out financially out as yet do no know tn: minimum number of units. Would agre(t to having the petition tabled so as to get the proper zoning sno also would ayrea to a beginning and ending date as suggested by Mr. Cott. Council Member Hopkins asked if Mr. Brown had considered (SP-16) zoning Brown replied that t.iey had not st-died the feasibility of (SP-16) but thought thr~.t it would not be inancially feasible, if the developmint were not the type he was suggesting but rather a straight development, then perhaps (SP-16) would be feasible. Council Member Hopkins asked if the unit was a multi-story unit. Brown replied yes with the lower units for the handicapped and the upper for non-handicapped. Council Member Hopkins stated that perhaps it was bitter to deny now and take back for proper zoning. The Mayor closed the public hearing. Cecile Carsons, Urban Planner, reported that the request for IMP) • zoning was located in a low intensity area - with a number of office/milti-family developments in the area, if approved the intensity standard would be exceeded by 121. P 6 2 was not opposed to the concept out was opposed to the location and the feeling that the area was too overly congested with different zonings. Sever, reply forms were Pailnd witn none returned in favor, four in opposition. Planning and Zoning denied the request. Stephens motion, Riddlesperger edcond to deny the petition. Council Member McAdams added that the Council was not opposed to this typo of houstng but was opposed to the MY zoning request. Motion was denied unanimously. P. me Council held a public hearing on the petition of the City of Denton for annexation of approximately 115 acres of land. Tne tract was located in the J. West Survey, Abstract 1331 and located approximately 5000 feet north of U.S. Hlghvay 360 east and west Of ROCkhlll Road. The Mayor opened tie public hearing. David Ellison, senior Planner, spoke in favor of the petition reporting that annexation proceedings had begun approximately 2 months ago but hed discovered an error in field notes and tea property owner notification so the process was stopped. This was the first public hearing of the new petition. All the property belonged to the City of Dallas. Next scheduled action would be a public hearing on August 6th, if contiuned as scheduled, final annexation would be September 24, 1985. No one',dpoke in opposition. The Ksyor,closed the public hearing. aG Q' r . ..w a w, r Y r n a TPT ~a~, n'tl. ~''°1 4 ~l, " + J~ '~1.~a e a t I y ~ ~ Y~ I ~l IC ;of ps:ltOn ,City Council Mi .46S Maetinq of 4,11 160 1985 Page Fourteen Hopkins motion, Chew second to continue annexation. ' Motion carried unanimously. O. The Cou.lcll hold a public haa9lA9 on an. ordinance amending Appendix 8-Zoning of the Code of Ordinances of the City of Denton to PfOhloit petitions for the rezoning of the elme property for the same or lose restrictive zoning district within a twelve month period after denial thereof, and declaring an effective date. The Mayor opened the public nearing. David Ellison, Senior Planner, Spoke in favor of the petition reporting that for years Planning and Zoning had not allowed a petition for the same or less restrictive zoning. P i z felt that this would be a good faith policy as far as neighborhoods were concerned, No one spoke in opposition, + The Mayor closed the public nearing. Tne following ordinance was presented: NO. 85-1)6 AN ORDINANCE OF THE CITY OF DENTONj TEXAS AM9NOING APPENDIX E-aONING OF THE CODE Of ORDINANCES TO PROHIBIT PETITIONS FOR THE REZONING OF THE SAME PROPERTY FOR THE SAME OR A LESS RESTRICTIVE ZONING DISTRICT WITHIN A TWELVE MONTH PERIOD AFTER DENIAL TdEREO:I AND DECLARING AN EFUCPIVS DATE, • McAdams moved, Cnew second to adopt the ordinance. On roll call vote, McAdams ayes+' HopRins 'ays#' Stephens 'avo#' Alford 'aye,' Riddlaspergor aye, Cnew aye, and mayor Stewart 'aye.' Motion carried unanimously. H, The Council held a public hearing on an ordinance amending Appendix e-Zoning of the Code of Ordinances of the City of Denton to prohibit residential buildings and uses in all non-residential zoning districts, exacpt the central business district] amending the area regulations applicable to zoning districtar providing for a maximum penalty of $1000,00 for violations thereof; providing for a Severability clause: and providing for an effectioe date. The Mayor opened the public hearing. Jeff Meyer, Director of Planning spoke in favor of the ordinance reporting that this world end cummulative zoning. He sited examples of light industrial zoning could go all the way down to single family zoning and that multi-family could go all the way down to single family, Pnis type of zoning had tares problem areas (1) it was costly - utilities had trouble locating where the streets should go, etc. (2) neighborhood integrity - could change aspect of neighbornood, (3) mass land sales with 'flippets•(large p6;cions of land bold and resold) witn no building being done on them. Took these atove three items into account and tried to come up with some type of zoning. Most practical way would be n two tiered system. Light industrial or commercial would be able to do anything except for residential. Long detailed :.egotiations took place with developers etc. Planning wanted to come before Council with a proposal that staff, developers Chamber of Cosaercep etc, all agreed on. Felt had this with the present proposal. Tony Raposa spoke in favor of the petition. He had attended the developaent meat ing elf July 9, 1985, At that meeting it was jointly agreed on the grindtathst clause which would go into effect January 1# 1989, Any now coning eases would have a 1 tier sonthl c . ..{r. `.,7 r" 7 711x• ri-. ~sd "rCy 'wi'i i•;W~ e° iz t~ 'City of conton'City council Minutes Aeetfqqq of July 16, 1985 Page PIEteen • structure,; This Was supported ay all parties at the meeting and Raposa hoped that the Council would agree to it also, Mr. Ben vtallace spoke in favor• of the petition stating that he supported the grandfather claust after leaving h$ d several meetings. He asked that the Council also support the petitions . Mr. Jack Miller spoke in faVOr of tho petition. He stated the the Board of Directors and 81eCUtive COMMittee of the Cnamber Support the petition, Tne Cnambars concern dolt with the effective date of the change. If too soon after adoption, that* would be a credibility problem. No one spoke in opposition. The Mayor closed the puotic hearing, Stephens motion, McAdams second to approve petition as recommended oy the Director of Planning. Council Metr.Der McAdams commented that she appreciated the offer of the development plans from the developers because it suggested to tier that the developers understoud the degree of the problem. the City vas facing. Tne following ordinance was ptesenteds NO.85-137 AN ORDIN+NCE AMENDING APPdNDIX B-ZONING OF Cdd CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO PR09I61T RESIDENTIAL BUILDINGS AND USES IN ALL NONRESIDENTIAL ZONINU DIS'fAIC'fS, EXCEPT TdE CENTRAL SUSINSS O DISTRICT) AMENDING THE AREA REGULATIONS APPLICABLE TO ZONING DiSTRICTSI PROVIDING FOR A 14AXLKUM PENALTY OF $1000.00 FOR VIOLATIONS THEREOF) PROVIDING FOR A SSVERASILITY CLAUSE) AAD PROVIDING FOR AN EFFECTIVd OATS. On roll call Vote, McAdams 'aye,' Hopkins 'aye,' S;aphens 'aye$* Alford 'aye,' Riddlesperger 'aye,' Chew •aye,' and Mayor Stewart 'aye.' Motion carried unanimously. d. Ordinances: A. Tne Council considered adoption of an ordianace accepting compet.tive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or servicesi providing for the expenditure of funds therefore; and providing for ,,n ef.fectivv date. Tne fcllowing ocdia.nace was precenteds NO. 85-138 AN ORDINANCE ACCEPTING COMO&rlflVE BIDS AND WADING A CONTRACT eOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SEAVICESI PROVIDING FOR THE EXPENDITURE OP FUNDS THEREFOAEI AND PROVIDING FOR AN EFFECTIVE OATS. Hopkins motion, McAdams second to adopt the ordianace. )n ,1 call vote, McAdams 'aye,' HOpKins 'afire,' Stephens 'aye,' t f l 'aye,' Riddlesperger 'aye," Chew 'aye, and mayor Stewart 'u.._. Motion carried inanimouslys e, Tne Council considered adoption of an ordinance accept ng competitive bide and providing for the award of contcacta for public works or imptovemsntsl providing for the expenditure of funds therefore) and providing for an effective data. a•a ar F S'<,~ rol. y 5{ '~+i i y.. ~ {rta,A. Y r rti .i iz ar ~r t G.rfk { u,} I~ r:h P( t '~i ^ "d~." s ~t~ 5 ~~s r Ciky of Dertiton ~lty~:iouncil MiAutes Aeet'inq bf jilt 16~ i9a5 Page 8 ateen' O The following ordinaace was presented: NO. 65-139 AN OdDINANCL' ACCEP-INN COMPETITIVE SIDS AND PROVIDINti fOR THE AiRARD OF CONTRACTS FOR PUBLIC WORKS OR IMPR0VEMENTS1 PROVIDING FOR Tdt dxPENDINIRE UP FUNDS 'PdWFOR: AND PROVLDING FOR AN E118CtIVE DATE, Cnew motion, Alford second to adopt the ordinance, on roll call vote, McAdams aye,' Hopkins 'aye,' Stephens Payee' Alford Payee' Riddlesperger 'aye,' Chew Payee' and Mayor Stewart 'aye.' Notion carried unanimously. C. The Council considered 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 lax exempting Such purchases from requirements of competitive oidsr and providing for an effective date. The following ordinance was presented: NO. 85.14D AN ORDINANCE PROVIOING 'FOR TdS 9909MOITUsla OP FUNDS FOR 8MSRGe4CV PURCHASES of MATERIALSr SOJIPMEN'T, aU:PLIL'd OR SERVICES IN ACCORDANCB WITH THE PROVISIONS Of SrAI6 LAN 99SMPTIN0 SUCH PURCHASES FROM REQUIREMENTS Of COMPETITIVE bIOSt AND PROVIDING FOR AN EFfECTIVE DATE. McAdams motion, Cnew second to adopt the ordinance, on roll call vote, McAdams 'aye,' Hopkins 'aes' Stephens 'aye,' Alford 'aye,' Riddlesperg4r Pays,* Chew Pays,' and Mayor Stewart Paye.' notion • carried unanimously. D. Trio Council considered auoptlon of an ordinance accepting the dedication by deed from Texas Utilities Electric Company of that portion of certain real property situated in the Gilliam Teague Survey, Abstract No, 1266, Denton County, Texas, as described in said dedication deed, to th4 City Of nentor.e Texase for the use of said property as A public street and declaring an effective date. Chris Hartung, City Manager, explained that this was for the extension of Colorado Blvd. and Koodrow. Tne following otdinance was presented: NO.85-141 AN ORDINANCE ACCEPTING THE DEDICATION BY DEED FROM TEXAS UTILITIES ELdC'TRIC COMPANY OP THAT PORTION OF CERTAIN REAL PROPERTY SITUATED IN TdE OILLIAM TEAGUE SURVEY, ABSTRACT NO. 1266, oeNTON COUNTY, TEXAS, AS DESCRIBED IN SAID DEDICATION DEAD, TO THE CITY OF DENTON, TEXAS, FOR THE VSd OF SAID pROPdR'TY AS A PUBLIC STREET AND DECLARING AN EFFECTIVE DATE. McAdams motion, Alford second to adopt the ordinance. On roll call vote, McAdams 'aye,' Hopkins 'ayes' Stephens 'aye,' Alford Payer" Riddlespecger 'aye,' Chew Payee' and Mayor Stewart 'aye.' notion carried unanimously. E. Trio, Council considered adoption of an ordinance setting a date, time and place for public hearings concerning the petition, of Allier of Texas for annexation of approximately 304.9 acres composed of lout parcels located north and suuth of PM426e . east and vast of Trinity Road, and south of Highway 380 East. Ny CC { 1 T~j :,k iYr ! ~f, r t~ wy~ Fr a r .b'~ K ~iea. e w . .i' a City 0~ Denton, city Council Minutes ' Kiel n9 ?f July 10, loss Vag• Soventeen David Elltson, senior Planner, recommended August 6th and August 20th for ttie publio hearings. fns following ordinance was presented: NO. 85-142 AN ORDINA14CR SE111NO A OATS, TIME AND PLACE FOR PUBLIC HEARINGS ON Tiff PROPOSED ANNEXATION OF CERTAIN PROPSRfY AS osSCRleED HEREIN BY THE Off OF DEN'fON, TSXA94p AND AUTdORi7iNG AND DIRECTING :HE XAYOR TO PUBLISH NOTICE Ot SUCH PUBLIC HEARINGS, H Vote# McAdams opkins motion, Alford second to adopt the ordinance, On Coll ycall Riddlespecget ay e+O Chew sage a aniBHayorn Stewart• 'aye.~`a MAte, carried unanimously. o Lon F. rho Council Considered adoption of an ordinCe and service plan instituting annexation procYe6inva for a trace of lend approximately 258.66 acres in size being a ~a It of the S, Myers Survey, Abstract 943, and the A. Miller 84tV6y, Abstract 4871 anti beginning west Of Underwood Road, east of Co Wolfe Road, uth of Jim Christai Road, and north of 'Tom Cole Road. David 6111son, Senior Planner, reported that service plans sere available if needed. Council Membet Hopkins asked if the pr,)psctr was in Lhe corriuor st the airport. Ellison responded yes. Mayor Stewart stated tnat Jt vas in the traffic pattern. The following ordinance was presented: do. 85-143 AN ORDINANCE ANNEXING A TRACT OP LAND CONTIGUOUS AND ADJACSNC 'to T09 CITY OF DENTONO TEXAS; BEING ALL THAT LOP, TRACT OR PARC91 Of LAND ST G UATE0NINOU4 Cr)UIN)TYUOFLDENTON 66S TEE OFUUXAS AND I88IA PARTiV TH8 S. MVER9 SURVEY, ABSTRACT No. 943 AND 'IHR A. MILLED SURVAY, ABSTRACT 887, DENTOd COUNTY, TEXASi C4A53IFYING Pitt SAME AS AGRICULTURAL 'A' DISTRICT PROPdR'TY1 AND DECLARING AN EFfIc'I./R DAre. Hopkins motion, Chew second to adopt the ordinance. On tJil call ittiddle Pr9 rs 'ayep* Chewki'ayeaaeandSMayornStewart` Alford Motion carried unanimously. G. Tne Council consideref adoption of an ordinance approving an amendatory agreement be`vser the city of Jenson and Services Program for Aging Needs (SPAN)i authorising the Mayor to execute the agteematt approving the expenditure of funds theretor*1 and providing tot an effective date. Eli.,abeth ,".Vass, Community Grant Manager, asked that the contract between the City and SPAN (Handthop) De amended. The total cost of the amendment would be i7,SOO, The following ordinance was presented: N0, 85-111 AN ORDINANCS APPROVING AN AMENDATORY AGREEMENT SATW9 9N T96 MY OF DENTON AND SBRYICSS PROGRAM J!OQ A(fll14 92205 (SPAN)) AUT110AISM0 THE MAYOR TO EXECUTE US AUARCMBNTI APPROVING TNS 8901MOITURf OF FUN63 TH60FOA111 ACID WV10I00 FOR AN SFFCCTIV6 DATE, t,t lasF o r v~ S; i rF64~ ~ti- 'nnnc ? fx t.'S.~ i3 f tlF~ ~1 i tf• _ f C1Ey ot`'DinronICiEi CouAOiI Nlnute8 leetln4,of`:,4aly la,'19a5 Page t gnteen • Alford motion# AcAdaAs second to adopt, the ordinance. 04 roll' call vote McAdams 'aye,' Hopkins 'a~+oStephens 'aye,' Alford 'aye,' Riddfesperger 'aye,' Chew 'aye, and Mayor Stewart 'aye.' Notion carried unanimously, N, The Council considered adopption of an ordinance approving an agreement between the City o[ Denton and Fceess and Nichols, Inc, for engineering zonsulting services in connector with the construction of upgrading the Water Treatment Plant, and providing for an effective data, sob Nelson, Director of utilities, reported that there was a need to upgrade the existing water treatment plant, 'the contract cost would be around 8406,000. Snould pe on-line by 1987. The following ordinance was presented: 00. 85-145 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN TlB CIft OF DENTON AND FRE6SE AND NICdOLSi INC. FOR 84GINEERING CONSULTING SERVICES IN CONNECTION WITd TdS CONSTRUCTION OF UPORADIN: TdE WAGER TREATMENT PLAN-ft AND PROVIDING FOR AN EFFECTIVE DATE. McAdaas motion, Chew second to adopt the ordinance. On roll call vote, McAdams 'aye,• Hopkins 'aye,' Stephens 'aye,' Alford 'aye,' Riddlesperger 'aye,' Chow 'aysi' and mayor Stewart 'aye.' Motion carried unanimously. 1. The Council considered adoption of an ordinance amending the 1984-$5 budget of the Clty of Denton, Texas by appropriating the suic of two hundred seven thousand and five hundred • dollars ($207,50U) from the unappropriated balance of the General fund to account funds 100-004-02OM-8938 and 100-005-OISM-8966 and declaring an effective date. Curls Hartung, City Manager, stated that this was the budget amendment for Flow Hospital and SPAN, Tne following ordinance was presented: N0, 85-146 AN ORDINANCE AMENDING Tda 1984-85 B DGEr Of TdE CI''Y OF DENPUA, rE%AS SY APPROPRIATING TAS SUM OF C40 HUNDRED SEVEN TdOUSAND AND FIVE d mwo DOLLARS (8207,500) FROM THS UNAPPROPRIATED BALANCE OF fdS GENERAL FUND TO ACCOUNT FUNDS 100-004-02OH-8938 AND 100-005-01514-8966 AND DECLARING AN EFFECTIVE DATE, Alford motion, Cnew second to adopt the ordinance. on roll call vote, McAdams 'aye,' dopkins 'aye,' Stephens 'ayes' Alford 'aye,' RLCIAIOspergeL 'aye,' Chew 'aye,' and Mayor Stewart 'aye.' Motion carried unanimously. 5. Resolutions: A, The Council considered a resolution authorizing the City Manager to submit an application to the Taxes Department of Community Affairs for the fexas Rental Rehabilitation Program for 8100,000 of funding. David Tinsley, Planning Intern, asked for approval to submit the application to the Texas Department of Community Affairs for funding. the following resolution was presented: AE_SOLUIf ION WHERdAB, it is necesJlry for the Council of the City of f 1 } J of `Y{~,~~~~ i1'~a4 VC y 'City ot'pentgn City Councif pinutos Pagelh OtlJuly lb, 1985 DeAtOn to euthocl'xe the submission 'Of an application to the Texas :rental Rehabilitation Program fund for federal funds] and xdBREAS, the City of Denton ie eligible to receive such funds and desires to apply for federal funds admiAlatered`by the Texas Rental Rehabilitation Program Yundi and WHEREAS# the City of Denton, as an entitlement Citye has prepared a program for utilixing its share of the fund for rehabilitation of privately owned rental property, to be used primarily for residential rental purposes in the amount of S100e0000 and MHUBA5e the City of Denton desires these funds to ;ugoort the rehabilitation of privately owned rental pt5pectyp NOW T -11ter'ORB, Bi IT RESOLVSO dY US COUSCIL OR TdB CITY W,)ENTON, TdXAS: SECTION I. fnat the City Council of the City of Denton, Texas authorises the City Manager to sign and submit to the rexas`Rental Rehabilitation Program fund a grant application and `appropriate assurances, for entLtlement funds undo: the Housing and Community Devslopms'tt Ace of iD?l, as amended. SECTION it. That the City Cou:,zil of the City of Denton, Texas authorizes the City Manager to handle all fiscal and administra.ive matters related to the application and the assurances required • therefore. SECTION III. That the City Secretary to noceoy authorixed to forward a certified copy of this Resolution to the Department of Housing and Uroan Development. PASSED AND APPROV40 this the 16th day of July, 1585. i RICHARD . .Rto RM CITY Of DSN'TON, TdXhS ATTESTi CdAR T A L j CITY BCE AR CITY Of DENTON,TBXAS APPROVED AS TO LE43ALo PORM: Dd®kA ADAMI DRAYOVITCdo CITY ATTORNEY CITY OY DSNTON, TEXAS BYr . Stphens Aotianr Chew second that the resolution be approved. On roll call votes McAdams,'aye,' Hopkins 'ayo,' Stephens aye,' Alford Faye,. e y mo.. W h "e"rp t t i { ~;4 ! r G a i>£`+ < 1<! wity of pantc4 clty:yybunali rlinucee Mesting of idly 16t 1595 page twenty Riddlesperger 'aya,' Cnev 'aye-el and Iayor Stewart 'aye,' Motion carried unanimously.' S. The Council considered approval' of a resolution accepting proposed Level It funding for the Library from the Denton County Commissioner's court for the fiscal year 1985-86. The following resolution wns preaenteM R d 8 0 L U T I 0 N WrISREAS, on tt.e Mt. day of June, 1985, the Commissioners Court of the City of Denton, Texas, voted to 5ppcopciate the sus of 588,308.00 as Level 2 funding to fund liotary services provided by the daily Fowler Public Lioraryt and WdEREAS, the City Council of the City of Denton, Texas, is doslrous of accepting, on behalf of the Emily fowler Public Library, this funding and recognizes the CoW.--y's interest in enhancing the quality of life of the residents of Denton County# NOWO THEREFORE, dE It RESOLVED BY Tdi COUNCIL OF ffle CITY OF DEdTON, 'CEXASt SECTION I,_ The City Council of the City of Denton, Texas hreby acknowledges its intertion to participate in the %svel 2 funding of the Emily Fowler Public Library from the County for the 1985-86 fiscal year . PAS M AND APPAUVED this the loth day of July, 1985. RICHARD O. STENAAT, AMOR MY OF DENrONt TEXAS ATTESTS CHXRM,IrZ , CITY-MUMAY CITY OF DENTON, TEXAS APPROVED AS TO LEQAL FORMS DEBRA ADAMI DAAYOYITCdt CITY ATTORNEY CITY Of DENTON, 164AS Bit Staphana motion, Crew second tnat the [!solution be approved. On roil cell voter McAdams 'aye,' Hopxins 'aye,' Stephens 'eye,' Alford 'aye,' Aiddlesperger 'eye,' Cnew "aye,' and Mayor Stewart 'aye.' Motion carried unanimously. E t ]4^" irl A''ra P'r. '"a'+fi^!.~^+7a'`4I A dv a 5 e y ' ~rl c Le 4 ,I'~il ~ r ...5,~ ~.'..1 1i ~.~d ~~32 ~M1 ors tt F k ''4f~:~ 'C~"'1'f. ` 4~Y" a'M1 lv , i~w, 1 u _ City of panton:City Council $inutoo l~eetirl9 ~f,3'yly 16,..1985 Page`TwehtY One • C, T60 Council- bosssidesed an ap rOval of a' 'tesoldtlol amending thb current' overtims Policy 1106,041 and sliminatls+; the current Compensatory. Time Policy (106.JS)4 The following resolution w44 presenteds A-2 S 0 L O T I 0 N wHdREAS, the Director of the Personnel/employee Relations Department for the City Of Denton hag presented a proposed policy regarding employee rules and regulations for the Council's consideretionj and MHEABAS, the City Council desires to adopt such policy as an official policy regarding employment with the Citys NUN, THEREPORd, Be IT RESOLVED 81 Tds COUNCIL OF 'rds CITY or DENTON, TEXAS, TdATs SECTION I. Tne following policy, attached hereto and made a hereof, is hereby adopted as an official policy of the City aof Denton, Texaws Overtime (Reference No. 106.04) SeCrION Ire Tne foregoing policy is attached hereto and made a part hereof and Shall be filed in the official records with the City Secretary. SectION III. Tne Employee Rules and Regulations of 1976 adopted by Resolution of the City COUnuil on Pebruary It 1977, and the overtime policy adopted Septemoer 181 1984, are hereby rescinded to the extent they conflict with the foregoing "policy And with any administrative procedures and directives issued under tai authority of the City Manager implementing the policy her by adopted. SECTION IV. That Policy Reference No. 106,050 addressing compensa!ocy tips, is hereby, in all things, rescinded. SECTION V. This Resolution shall be effective from and after its date of 41 passage and approval. PASSED AMU APPROVED this the 16th day of July, 1985. ARHAAQ CITY 01 DENTON, TBXAB Affgars e6AGOTTE I CM Of DEtiTON,TEXAS yi y F G e i' ` 1 77- Tt ,h px i L. . w 4N +,n City tai oenton City Council Minutes 1(IetLng o[ July 16, 1565 ; Page r4onty two APPROV90 AS To LSOAL PORK; bEBRA ADAMI 0AAYOV1fCd, CI'PY A MANEf C11Y OF DENTONt T8943 sit: McAdams motion, Hopkins second tnst the resolution be approvedi on !011 call vote, McAdams aye, Hopkins 'afe,' Stephens 'aye,' Alford ayes Riddlespergar, aye, Cnew 'aye,' and mayor Stewart 'aye.' Motion carried unantmously. D. The Council considered approval of a resolution requesting the United States Congress to exempt state and local government employees form the federal Pair Labor Standards Act. The following resolution was presented: R 9 S 0 L U T 1 0 N WHEREAS, in 1974 the United States Congress extended the application of the federal laic Labor Standards Act to the SD states and their political subdivisions: and WHEREAS, the United States Supreme Court two years later invalidated that action for most purposes, nolding that the Congress nad no power to enforce overtime and minimum wage provisions against states i4 areas of traditional governmental functions (National League el-Cities v Usery, 426 U.S. 833 (1976)b and • WHEREAS, on PaDruary 19, 1985, however, the :oust overruled Its eacllet opinion, finding the distinctions created by that opinion to be unworkable wnils commenting gnat the states and their PolitiCel subdivisions, If dissatisfied with the court's new opinion, could encourage the Congress to modify the law (Garcia V. San An Qnio.Mass TraoeIt Authority, 53 LW 4135 (1985))!"and W49REASO the effect of the Ga~Rij decision has been to make all $tits agencies and political subdivisions subject to the law immediately, without, time to prepare for the ttanaltion: and WHSRS.1S, the resulting (Local Impact on Texas state an local governments will ce significant# overtime requirkmsnts 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 tima offs and WHEREAS, the City of Denton has, for many years, provided an equitable Compensatory tibe system for City employees who work ovsttlme, and many City employees prefer that system of compensation to the one that Is now to be requiredl and Wd9REAS,'the reduction of hours worked for tits righters from an average of 56 hours per week to $3 hours per week also will create nn excessive financial burden on the City of Dsntonc and WHEREAS, the federal lax, to characterized by the Supreme court In ~19~6, is an interference 'with the integral governmental functions of state and local governments to such a degree as to 'impair th. States' ability to function'offectlvely in a federal system's and • WdERSAS, it results in substantially increased costs in a time of libited reVAnus, wakens thf delivery, of publio servleas to the citissns of Denton, and penalizes the City for choosing to hire r; r p -ti,'. 8/"n q t, 7 uC'lt Of "6dntnn city C041661i llnu.e Mee $4 of July. 16, 00 Page 'wanty three governmental employees an terms twat aCS 'Qijtecent fios, but not necessarily Isle beneficial than, thowe s64ght'6y the Congress) and 4AERSAS, this imposition is eapealally ironic, given that the United States Congress it 'itself exempt fcos the 1ev1 NON, MIREPORE, 88 IT iSSOWAD OY M COUNCIL Of THE CITY Of DENTON, TBXASt SECTION I. Tnat the City Council of the City Of Denton hereby requests the United States Congress to exempt state and local governmental employdes from the fair Laoor Standards Act. SOMON tt. Tnat the City Council of the City of Denton hereby requests the Secretary of Labor, while we attempt to influence the Congress to amend the fair Labor Standards Act, to work with the representatives of the National League of Citlea, the Texas Municipal League and other public lnteraet groups to provide administrative teller under the Department of [.aooros regulatory authority to develop rules which provide some flexibility for key governmental operations such as fire and police. 8eCrION Zile -that the City Secretary forward official copies of this resolution to the President of the United States, to the President of the Senate and Speakerof tt.e House of Aepreaentatives of trio United states Congress, to the Aecretary of Labor, and to each member of the Texas delegation to the Congress, wltn the request that it be sntefe,: ~.n the Congressional Record as a memorial to the Congress of the United States of AmetICa. SECTION IVY, Tnat thin resolution shall be.ome effective immediately upon Its passago, and approval. PASSED AND APPROVED this 16th day of July, 1995. D C AR , G~ CITY Of DENTON, TEXAS ATTesti CITY OP DENTOdi TEXAS APPAOV8D AS TO MAL FORMi 090AA ADAMI DtMOVITCHp CITY ATTOANSY • CITY Of Deofodo TEXAS City of Denton City CounclI Minutes i Meeting of July 161 1985., °Page Twenty rout k McAdams motion, Hopkins second that the resolution be approved. on roll call vote, McAdanp 9aye,~ dopklne mays,' Stephens 'aye," Alford 'aye,' Rlddlespergcr 'aye," Cnev 'aye," and Mayor Stewart "dye." Motion carried unanLmoiAsly. certain city otlicialenaeibeing respoffsibls forolacting for,l4andion behalf o! the City of Denton in dealing with the Texas Parks and Wildlife Department for the purpose of participating in the Land and water conservation fund Act of 1901 cettifying that the City of Denton is eligible to receive assistance under such programs. Tne following resolution was ptesenteds R E S O L U T 1 O N A RESOLUTION Or THE CITY COUNCIL Or THE CITY OF DE'NTON DESIGNATING CEHTAN CITY 010PICIALS AS 891NO XESPONSfeLE FOR, ACTING FOR, AND ON BEHALF OF THE CITY Or DBNrON IN OBALINO WITH THE TSxAS PARRS AND WILDLIFE DEPARTMENT FOR THE PURPOSE OF PAXTICIPATINO IN THE LAND AND WATER CONSBRYATION FUND ACT OF 196S1 CERTIrrINO THAT THE CITY Or DENTON IS SLIOIBLd TO RECEIVE ASSISTANCE UNDER SUCH PROORAM. NHCRBAS, the United States Congress ha's passed the Land and Water Conservatluon Fund Act of 1965 (Puolic Law 88-578), authorizing the Secretary of the Interior to provide financial assistance to states, and political suodivisions thereof, for outdoor recreation purposess and WHdRBAS, the Texas Legislature has adopted Article 6061x, . V.A.C.S., for the purpose of allowing the State of 'caxae, and its political subdivisions, to participate In the federal program established under said Public Law 88-S78, or such otner programs as are nerainafter established by the Federal 4overnmentl and WHEREAS, the City of Denton is fully eligible to receive assistance under this PtOgrami and WHEREAS, the City Council of the City of Denton is desirous of a-~thorizing its administrative staff to represent and act for the city in dealing with Teras Parke and Wildlife Department concerning this Progeami,;f0d, THEREFORE, BE If ASSOLV60 di Tdd CITff COUNCIL OF THE CIrt Or DENTON, 'TEIiAS t Sect IM Ii certifiesrthat the City of Denton is eligibletto receiver assistance under Public Od-S181 as augmented by Article 6081x, V.A.C.S. Sectiop Its City Managerttonrapresentoandiacte(of theuCityl of Denton in dealing with the Texas Parks and Wildlife Department for the purpose of this programs The City Manager is hereby officially designated, as the City's representative in this regard. Pctlon ITfi The City Council ssaroby designates its Director of Finance ® as the official au~,Uc4lad to serve as the Lityls fiscal officer to receive redeial funds t)r purposes 'of this Program. e ! p ryy ~y M 4~. ~ '~~5 i^1 i yj1~ r ; E S}' i J l,r M r '*Y 3 3 , ! •'S'* t VP h 7?5'; fir .c,. City of 6 entgn`,City04noil Minutes. Meeting `of `July 1601985 wage `~4enty `Ptva r ' Y • section IV: The City Council nereoy_ specifically_authorize$ the City officials a.irai.i' designated to make application to 'the Texas Parke and atildliie Department concerning the tract of land known as Greenbelt Park in the City of Der.ton. INTROOUC'BD, RBAD AND PASS90 by the affirmative vote of the City Council of "he City of Denton, on this 16th day of July, 1995. RI CITY OF DeNTON, UXA9 ATUSTs CURIZUS , ZITY S C R DBNrON, fBXAS APPROV90 AJ TO FORM: 096 ADAM DRA ITC , CITY A TOR BY dopkins motion, McAdams second the. the resolution be accepted. On • roll call vote, McAdams 'aye,' Hopkins 'aye,' Stephens 'aye,' Alford 'aye,' Ai,~ldlesperger 'aye,' Cnew 'aye,' and Mayor Stewart 'aye.' Motion carried unanimously. F. The Council considered a resolution in opposition to the President's tax proposals for munioipal bonds. The fallowing resolution was presented: R 8.S 0 L U If Olt HdEAEhS, on May 29, 1985, President Reagan suomitted his tax proposal for 'fairness, growth and simplicity' to Congress; and dHBRBAS, Included in the President's' tax proposals are provisions which we-ild eliminate or limit the tax-exemption Of state and local government, ponds including bonds issued by the City of Dentonr and wd6RaAS0 the President'e proposals would deny tax-exempt status to ponds where the private section benefits directly or indirectly frul the use of more than one percent of the proceeds of the bond issue) would eliminate all advance refundings of tax-exempt bonder would r►strict the investaaeht of bond proceede) would require that certain tarninga from the investment of bond proceeds be paid to th7 U. S. Treasury Depart%anti would require that an Internal Revenue Service information report be filed for every bond issues and would impose additional taxes on banks that purchase tax-exempt oondsi and MdaRdAS, each of the President's proposed limitations on tax-exempt municipal bonds would adversely effect the City, of Denton by increasing borrowing costa, requiring continuous administrative review of bond issues and the use Bade of facilities 'financed _ with such,tesucuo requiring filings with the Internal Revinue'SerVice and CIView by the idternal Revenue 44kVI64 of 446 bond issuo, and e ; °,~1 .'1~ M•~ to trC) ~~+~-rva~d W~~w r pr r f~~'~Yx ~ i~~ $r~ ~ v Yr '~k~ "d 3~ v°i ~ ~ i +t` tkr r r M ~ ~ .d' .r v Y7 ? S X f ~ ~ yJ su t"`a IL V - Clty, o[ Opntoe Ciky CO~inoli Minutes 'Ne$tiAQ p.Jaaly 160 19sS Page Wen y Jix . ieophrdiaing,the tax-exemption onbond Where the pr1Vate sector benefits directly or indicdctly from the use of more:tnan one percent Of a Project financed by such bonds, and NdUdAS, the President's municipal pond proposals will result in an Increase in the Coat whim Must be parsed on to the residents of the City of Denton, will reduce tt,o ability of the City of Denton to provide vital public services to such residents and will impose added federal bureaucratic controls over the provision of such services, NON, THEREPORL', BB IT RESOLVED By THE COUNCIL Of THE CITY Of 09ATON, 'T'EXAS, THATs Tne City Council goes on record as opposing the limitations and restrictions on municipal bonds proposed by the President, Which# if enacted into law would adveresly affect' all tax-exempt municipal bonds, including bonds issued by tlse City of Denton, and 88 IT NATW RESOLVdp dY THE COUNCIL Of U9 City Of DENION, T8XAS, THAP: Copies of this ReaOlution shall be sent to membera of Congress urging them to oppose the provisions of the, vreaident's tax pro- posals which would impose new 1104tetions on issuers and purchasers of municipal bonds. This Resolution shall be effsctive from and after its date of passage and app:oval. PASSED AND APPROVED this the 16th day of July, 1185, RICHARD 0. 9fENART, MAYOR City Of DENTONs TEXAS AT UST: CHARLOTTd ALLEN, C 'ff SECRETARY CITY 09 DENTON, TEXAS APPROVED AS TO LEGAL PORMI DEBRA ADAMI DRAYOVIrCds CITY ATTORNEY City OP DENTONt fdXAS dYs Chew motion, McAdams second that the resolution be approVeds Or. roll call vote# McAdams 'ayes' Hopkins 'aye,' Stephens 'aye,' Alford 'aye,' Riddlel'perger 'ayes' Chew 'ayes' and Mayor Stewart 'aye.' Motion carried unanimously, U. Us Council considered a resolution in opposition to the proposed decrease in Revenue Sharing funds, The following resolution was presented: REsoItiTSoil wdsa b, the united States House of Representatives has proposed to w the General Revenue Sharing Program, under the . provisions of the Local ooVirnment'rlacal Assistance Ace, by 25 percent effective 6n obse is 1985, and ' •;4 +y ° ~d 7 ~,y ~~f i Safi 5 k b't a 7 r i~'~. f 17N 7.h4 S a > t t b^. ^f R Y r T S - 71 vity t1! Denton Ott y` Coitncll Minutes ~ . Meeting of July 16, 1985 Page Twenty Seveh • WHIRBAS, the United Stater Senate h.s proposed fail funding af the general Revenue Sharing Program for another years ind NdERBAS, a reduction of revenue snaring funding would make it difficult fo; the City of Denton to maintain the current level of services in vital program areas and impose a definite fiscal strains NOW, THERgrORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, rt'ATt S8CrI0N i. Tait the Ciry Council of the 'I ty of Denton neraby requests the United States Congcoss tc continue the Oeieral Revenue Sharing Program under the Local 0overnment Fiscal Assistance Act as the Senate has proposed to dc-, SECTION ti. Tnat the City Secretary forward official copies of this resolution to the President of the United States, to the President of the Senate and Speaker of the Mouse rf,Repressntatives 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 a memorial to the Congress of the United States of America. SEcriON III, Tnat this ordinance shall bacome effective immediately upon its passage and approval. . PASSED AND APPROV90 tnie the 16th day of July, 1985. RIC D 0. STEWART, HA R CITX OF DENTON, TEXAS ArTESTt CHARLO•TTB ALLEN# CITY SECRdTARY C'?Y OF DSHTON, TEXAS APPROVED AS TO LZOAL FORMt OESRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DBNTON, TEXAS BYi Chew motion, Alford second that the resolution be accepted, On toll call vote, McAdams Faye,' Hopkins 'aye,' Stephens 'aye,' Alford 'aye,' Riddlesperger 'aye,' Chew 'aye,' and Mayor Stewart 'nay,' Notion carried 6.10 H. Tne Council considered a resolution approving amendments to the Benjamin eennitt lease agreement of Februaty 28, 1005 it the Denton Municipal Airport, q _y v y , G T Of F n ,-P City 16 DentuA City Council Mingtes Meeting of 'iuly 16, 1985 ` Page*Tronty Bight" Clint Lyncn, Airport Managst, reported' that the resolutldn was to change the primary airport leass totm treq 20 to. 2S years. The extra five years ,rag added to enable Mr. Jay Rogers to secure the appropriate financing, The following resolution was presentedt A E S'0 L U T I O H NdZ9eAS, the City of Denton has legged land upon the Denton Municipal Airport to Mr, Sen)amin As Bennitt, principal stock- holder and President of Airplanes, Incorporated, a Texas Corporation, by least agreement executed Pebruarr 2a, 1985 and WHRREAS, the City of Denton and Mr, aenjamin A. Bennitt, certain prod iand naoof behalf of exist! g lease be Iamended aandoincorpora~hat ted into a new lease agreements and HdSAAASt the Airport Advisory Board for the City of Denton has recomm.anded approval of the attached lease agreement) and WHEA6AS, the City Council of tot city of Denton, Texas$ believes it to be in the best interests of the public and in the furtherance of efficient airport operations to approve such lease agreementf NOW# THEREFORE, BE IT RESOLVED BY 'THE COUNCIL 08 Tod CITY OF DENTON. PEXA,°,t SECTION I, The Airport Lease Agreement IFixed Base Operator) between the City of Denton and Airplanes, Incorporated, attached hereto and • incorporated heroin by reference, is hereby approved, SECTION it, Tne attached Airport Lease Agreement -shall have an effective date of April 1, 1985, and shall supersede that certain Lease Agreement between the City of Denton and Benjamin A. Whitt executed February 20, 1965. 89CTiON III. Tne Mayor is heceoy -Authorized to execute the attarned Airport Lease Agreement on behalf of the City. S8CfION IV, This Reoolutlon shall be effectiv^ immediately upon its passage and approval, PASSED AND APPAOV90 this the 16th day of July, 1985, RICH ARD 04 S'TdWAR~G MAYOR CITY OF DENTONO TEXAS ATTESTt C111 Of 0900NO TEXAS is ' r ti ri r ~ r ul ,,~G ~1 (~f v 1 a a- -«;,r ~ .d i 5 y ~ 71 t: city of 0ohtan City Council Minutes Meeting - oduly lb, LOBS Page rlwonfy Nine i APPAOV90 AS TO LEGAL FORMS OCUA ADAMI DRAYOVIfCd, CIfY AttORNSY CITY OF DENWdo TEXAS arc Hopkins motion, enow second that the resolution be accpeted. On roll call vote, McAdams *aye,' Hopkins *aye,* Stephens "ayet, Alford *ay0#* Rlddlesperger *aye,* 'new *aya," and Mayor Stevart *a/e." Motion carried unanimously. 6. 'fne Council considered approval of the preliminary plat of the MED-fez subdivision, Section II, Lot Block A. David Ellison, Senior Planner, reported that this was the preliminary plat for the hospital McAdams ,notion, Chew second to Approve the petition. Motion carried unanimously. 7, rho Council considered the petition of J, P, Haygood requsating a variance of Articles 4.03 dnd 4.15 of the City of Denton Subdivision and Land Development Regalatiana requiting perimeter street and drainagR improvements. Thta tract is 10.00 acres located at the nort4west Cotner of 4onhte Brae Street ani Payne drive. The tract it described as Block :,.Lot 1, of the Life faborcaclo Addition and shown in the Frtincis Aatson Survsj, Abstract 43, rho property is zoned agricultural (A) and the development of a churcn is anticipated. ttovsrond Haygood spoke in favor of the petition. He rtated that since P 6 S, two members of the Board had expressed regrets abort the denial of his petition - that it nad peen denied because P i t did no' know where they stood legally in regards to his variance. do stated that he felt there was some confusion regarding 'the Issues, In 19e0, Rev. Haygood wont to David Ellison with the plans for the churcn to learn wnat standards would be required. At that tint, Ellison mentioned that the:e were subdivision laws and regulations. Haygood stated that one were not subject to those because they deco not gqoing to pplat. 'hey were not trying to get a new toning or to maodlvide. Undor the suodivistt,n laws prior to 1983, Haygood stated that they were not subject to the development regulations. Also found out that tno-re vas a flood problem that as a land owner they had to handle. they went to FeXA and after considerable amount of time and money discovered that they were in the flood plain because of an error made by the engineerlni: department. Asked for a variance due to to,* unusual circumstances. Had this error not happened, Haygood stated that they would have built the church under the regulations that would have not,togolted the drainage and perimeter lgprovemonts nad the City done th4it job properly, Whitt Haygood worked to get the proper flood plain maps, the City changed the regulations for perimeter improvements. Nov they were asking to be allowed to go back to the original schedule and not have to make the improvements. It the variance was not allowed, the church would not be able to build. Council Member Riddlespetgor asked if Baygood was asking for two variances one vita the streets and one with drainage, did the offer ever been made to Haygood to allow pave only the part that the building could go dA, d4ygood•rsspcnded no, The only suggestion that had boon made was to leave the corner alone and to to the Middle of the ptoporty to Lti ,K^v .w r S ~A 7,,rT ~ 4.i din ~tA k'. ~'{jLy .^k„Y w "t ~ r r pt / rye Ffs r '4ity Of Denton COUnbll"t4Lnutgi meeting 01 'Jat 15s'. I985 Paga Tnirt x build, Tne Cnt:rcn does not want;: to do thAt, They felt"tht they were in due `process and that the City changed the' rules while 'playing the g4me'. Council Member Rlddlesperger asked how far Haygood would have to pave if he only paved that portion where the ehurCil would be build. Haygood replied aproximately 250' down Bonnie Brae add Payne instead of 996' by 1581. Council Member Rlddiesperger asked if that would be a reasonable compromise. Hayyuod replied that he did not know if they could do it financially. de didn't know it the budget could handle it. Council Member McAdams stated that everyone needed to cecognite,•,hat the maps were ISMA maps - not City maps that nad the error. Sbi had a concern about who wag going to PAY for the improvements, It had been the practice that the user pays for the improvement. If the church did not pay for the improvement, then the teat. of the tax payers would have to pay for it. McAdams had trouble with the fa rnoss of that. According to the'rules# the. Citcj could have required the dr•:nage improvements at the tLmo without regard to the platting. The )lotting related to wnether or not the streeta"'world have had to peen done. The was not the same toe the drainage. Haygood replied that -in May 230 1917, the City entered into a contract with the landowners stating that they would take cote of the drainage. Tne contract was brought up before P U a with Mr. LABort and Joe Morris reading it. ' Jerry C1Ark, City engineer ststedd that it was not the intent of the City to do that. ' wnatner it dam . the City's intent to do it now, the City Obligated itmett to di It on may O s 1984. Council Mamtar McAdams .rated that the develupit South of. Haygood had been asked to pay for the drainage and if the city was going to take on the whole Project, then everyone should oe not have to pay. Not just the church should be excluted. Haygood replied that they nave; agreed with At# Smith that if the variance wets granted on the perimeter, that they would cooperate on the drainage with nim. He Went on to state tt.at Donnie Brae would as included in the street bond program And it they waited two to these Year3 the City would pave the rtreat and do the perimeter improvements, out until then they would nave no church. Council Member McAdams stated that could be true for any number of itnsr places, That if someone waited long enough it would he done. Basic pcemiae is that is Haygood going to pay like other developers pay or is the community In generil going to pay for the church. Haygood responded that he felt the church had already paid for the City of Dentonla errors. David allison, Senior Planner, repotted.that prior to July 19831 it there was a tract of land that existed in the same configuration since prior to January 140 1969, it did not have to go through the platting process which tent it wai not subject to perimeter street paving process. Ellison recalled that he, personally informed Haygood about the change in rules and now it would affect his, the rules were changed so that there would be no way around the perimeter improvements if the dweloper did not plat, Cnris Hartung, City Manager, stated that the rule was changed because there were drainage problems on procerty that was being deveio"d and ao way' to address the problems.' YIN r , 44 A, e 1 F~ 5,, A IV N 1i4 r ~ir7 •,t ar a«~ .F at f d p i F` > M r JT e J'i; i P ' ~l f e i' R T i e r h~ q q' ,<f i'~r Ilk, e~~ ~ ~ 4 ' r1` a f, V. , e ! •JX V e,dy~ r +4`J~ el Ckr' ~ r~ r. , p v ~ 1i1. Ar ~ v J w l e F 3' ~ E e" t fq~ t, City ol!.' inton`~t~tty Co4n4l! lfteutei "suing of Julp 16, I as Palo Thirty oni Counoll Member st`epher,a stated that he (Sit the draipago problogla were being taken care of. since Sonnie'Bras was a major througnfato l and we all could use It And it ie in the bond,programi the requltement Should be waived. Council Mambo. Stepheno motion$ lllddleeperger second to grant the variance. Council Mombeca Aiddlesperget and Stephens had a disolssion regarding platting where the church would be and pkving only that portion a. opposed to p wing the entire tract. Council Mombet Aiddlesperger suggested the compromise of platting only white the church would be built, pAVing that portion of the sccestu, and not paving the cost. Mayor Stewart stated that that would be offering both variances And if want to do that, would need to second approval, ocant the variance. Council Member Cnow stated tnat It Haygood would g,^, back anal rspllt up to where the church was, he wouldn't need A variance anti all he would nave to do is pave that part where the church would be . Which would met the City's requirements. Council Member Stephens asked Haygood to respond to the compromise, Haygood responded that the flood plain requirements had already been met. Maplatting would destroy the church's plans. Tne budget would not allow the replattino and paving, Counafl Member McAdams asked about taking out s loan - was the M cndren oppo►ted to tnat. Haygood responded no tnoy were not opposed to a loan but did not want to do tnit at this time. Cnris Hartung, City Manager commented about the original maps that had neon cafetred to, He stated tat the maps were not intonted to shoo the swicifid delination of the e,cact flood plains Tney refs done rapidly. They were done to generally bring everyyone s attention to the fact that there may a potential drainage problem in a given drainage way, it is a routine practice to require a dotallod onglneteting study on a given piece of property once the property begin to develop. Mayor Stewart called toe a vote. Motion to grant variance was denied by n vote of 1-7 Witt. McAdams, Alford, Chcw and Mayor Stewart casting the 'nay' votes, so fne Council considered ratification of the City Manger's appointments to the civil Service Commission. Cntis Hartung, City Manager, stated that one tat,o oas expired and one term vacant due to a move by the member. He requested the ratification by appointment Jack Millar and reappoint Aobert Caldwell.. McAdams motion, Cnew second to appotvo the refitication, Motion carried unantaoasly. g, Now disiness Council Member Hopkins asked that the AicrophondS be moved closer to the end of the desks so that they would be vaster to used i` F it r 9 4 City O! aeAto ~N't► Coud oil JuiY NinotAa< ;,~taetlny p!' 16, 1985 Pago'Tnirty rro . . 10. fhe` Coundil convened into the Lkecutive ayasslon to discuss legal mAtters, real estate# personnel, And board appointments. No official Acton was taken. With no'furtnoc Items Of business, the moet'ing was adjadrned. RLeH,MD 0. R i R 7M, T r SRAFIM Mac • r t P P'~~i' F w ' s tP p.4 4. `1 . A4R' n x ^ . n ' C. ,.t A}r t[ n"r P -4 -1 '14 i.. DAB' 'Aug uSt b, 198b CITY COUNCIL REPORT T0 Members of the City Council Mayor and FROM: G. Chris Hartung, City Manigger SUBJECT: BID #9354 8 MGD PUMPING UNIT 3 MOTOR CONTROLLER CHANGE ORDER #1 PiCOMMENDATION: We recommend this Change Order /1 be approved for a net decrease of $941.00 SUMMARY: This change order is for the deletion of an optional item on the bid. This item was included on the on inil award. This would reduce the contract price to $59,819.00, This change has been presented and approved b; the Public Utilities Bond. BACKGROUND: Backup Material from R.E. Nelson PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: FISCAL IMPACT: There is no fiscal impact on the General Fund. Respectfully submitt d: G. Chris Rartung City Manager i Prepared by: ame: o . rsha 1, L .M, Title urr`k ing Agent Approved: a o r 40 6111 P,M. tt:7j r~ P axx~s~~ ~.LFA'~ f 4, + ' 7f, ~5 T lg °4r. a~T ri 1 It t c 'q ~e ~~1 Ysk.% ~y ~,3 sr r«i rr> . AuguSt'G; 1985 CITY COUNCIL AGENDA ITli+1' TOi I4AYOR AND MEMBERS OF THE CITY COUNCIL FROM: G. Chris Hartung, City Manager SUBJECT; Consider Change Order 11- Bid 493S4, 8 MGD Pumping Unit ar.d Motor Controller at the Raw Water Pump Station. REECOM~ END~ATI_ON The Public Utilities Board, at their meeting of July 17, 1485, and Freese and Nichols Inc., Engineers, have recommended that the bid item "additional optional cost for witnessing pump test by a representative of the owner ill the amount of $941.00" be deleted and thereby changing the contract price from $70,760 to $69,819. SUMMARY This is an optional bid item and the staff believes that certified test results will suffice without incurring this cost for witness test. Certified test results have been received from the contractor and they loop satisfactory, BACKGROUND This is an approved FY 8S CIP project and the City Council awarded the lowest bid to Atlas Engineering Inc,, in December 4, 1984. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTLD Denton Municipal Utilities, Freese 4 Nichols, Inc., the contractor. FISCAL IMPACT Original Contract $70 760 Net Decrease CO 11 941} i; Revised Contract Amt. $690819 Net lAcrease/decrease In contract time NONE Source of Funds; PO 066314- Acct. 1623.008.0460-9101 water bonds 3803U3 "J;W;F 7, 7-ii 2 ,5 Prepared by. Respectfully sub ittdd,`,` Srini Sundaramoorthy is, 111 F{ uhr Civil Engineer "City Kinager 7 e~ R. B. Nelson Director of Utilities SXHISIT I` Location Map 11 CO 11 III Minutes PUB Weeting of July 179 19gS IV Ordinance 36030;4 } R a e. r w G r N { ~r rr4f d a 3 -DISCUSSION OP RATS ISSUES. ! 1 1~. Cryan presented this item to the Board indicating that he anticipated a two to five percents increase in the Electric Division. The two percent increase wbsild probably affs'ct industrial customers and the, five percent fnerease would affect residential` customers. This increase will help achieve equalization of cost allocation among various customer classes so as to avoid subsidies by one customer class to another. Nelson indicated a water and wastewater rate increase was unlikely. 10. CONSIDER NEW PRO RATA ORDINANCE FOR LIFT STATIONS. Nelson presented this item to the Board. Coomas made a motion to recommend to the City Council to approve the new pro rata ordinance for lift stations. Thompson second the motion. Motion carried. 11. UPDATE ON ECA. Cryan presented this item to the Board. He recommended no change in the energy cost adjustment. Revenue indicators suggest that electric revenues will be sufficient to recover the excess energy related expense. 12. CONSIDER CHANGE ORDER 01 811) 09354 8 MOD PLIOPiNG UNIT AND Nelson presented this item to the Board. Coomes made a motion to +:ecommend to the City Council to approve the change order f , Bid 093540 8 MGD pumping unit and motor controller at the raw water pump station. Boyd second the motion. Motion carried. 13. CONSIDER CHANGE ORDER 01 BID 09391 LOOP 288 WATER LINE TO Nelson presented this item to the Board. Cooses made a motion to recoiatrend to the City Council to approve the change order 01, Bid 09391 Loop 288 water line to Dickerson Construction Company. Boyd second the motions Motion carried. The Board convened into Executive Session at 11;03 p.w. The meeting was adjourned by Laney at-11:16 p.m, The next moot itig> is schedbled July 310' 1985 at 700 pow. at the Se ' rvice Center Training Room, . All d 'Clipp,, x waR n 'W P Li ° : niC ryrye .yY i. i @n A N•r+~! Gq r V ,.~~5~ a t .E d s ! y F.i r t ~ Y i r' fi xw~ K 'r da ' [y * l a4~ 3Y ~ '4 ~ G,Fv- p '°i'I[el~sre~ old. r t , ' Q it l C ~y ~l R V 101 FA r!. e N► f. ~f MARL r,,o~MMMii ► ~N lN, r t JJe*WW K C00 jot C 0 N 3 U t Y I'N 0 E H 0 1 N I E R S r Arsn;or,v Ruo. r e. lei iriu►ii.►,y~I,, : ?~C£!"/E~ E1) ' May 290 1985 t"►viMaoeoriiLAlrl;~~i~~~ ^EiV!';E 4AAY N A99Vii..r i Layne b Bowler, Inc. P 0, Box 8091 Memphis, TN, 38108 Attention: Mr. Carlton MacDonald Re: City of Denton, Texas P. 0. No, 66314 L. 6 8. Ordinance No. 85D-1027 Change Order No. 1 Gentlemen: On behalf of the City of Denton, Texas, we are deleting the bid Ito for witnessed pump testing in the above referenced purcha~,v order, Five (5) copies of a change order to this effect ara enclosed changing the contract price from $70,760,00 to $69,819,00 after deleting bid item No, 20 "additional optional cost for witnessing pump test by a representative of the Owner in the amount of $941.00," from the Contract. Please sign all five (5) copies of the change order and send to Mr. C. David Ham of the City of Denton, Texas. He will then return two (2) signed copies to you for your files. We still require non-witnessed tests to be performed, and four (4) copies of certified final shop drawings, performance curves and test data should be submitted to us as a part of the Operation a"63 Tfi"la n"tenance Manuals, requirtd by the Contract Specifications, pr for to shipment of the pump, motor and motor controller, Thank you for your attention to these details, Sincerely, FREESE AND NICHOLS, INC. Z-7 Richard L, Postma RLP:Jk Enclosure xcs Vince Ahern, Atlas Engineering, Inc, C. David Ham, City of Oenton, Texas ""TON D. NACDONALD ~I1 'LAMAR 0 1Aiit' ►OMf W0RIH. ?t%A! 6101,. , itirl/HOMt air !ii • riir MofIA0 apt 48 If0t y . k ~ -4 1 y.r r. !i~ ~o~ t'{. q .,tl fe i k VVYi ~A 7W 1 ?fd ~ C llNM 4t 4R kX11RA WOhk ORO 1! PROJWTe RAW WATER POMP CONTRACTS Purchase Order No, 66314A b 8 Ord. No, 85D-1027 OWNER: City of Denton, Texas CONTRACTORS lal ae b Bowler, Inc. CHANGE ORDER NO. 1 DATEs May 29, 1985 CHANGE OR EXTRA WORK TO Ad PERFORMED Delete bid item No. 2 from the contract, which reads, For additional, optional cost for witnessing pump test by a representative of the Owner, the total amount of $441.00, Provloue contract amount $70,760.00 Net (xdUO}*"(daeroa:a) In contract amount $941.00 Rovllod contract amount $69,819.00 Not In contract time of complotien None Ravlcod contract Elmo of complotien June 21, 1985 (Shipping Date) Recommended by Approved by 01MNER FREESE AND, NICHOLS ' lfiAA`Y13~Af Appret ed by CONTRACTOR t Or~« A,K too, 71 717"171, ' ..~re~. t)~ i•- ~ •.~•~I :,i Vex 'a;Co ' l ti, ,rG~i e, ~i "wP 'r DATit CITY MXgIL,~,BPOR? PORXAT TOI Mayor and Members of the City Counotl FRONI 0, Chris Harting, 1•ity Manager SUBJ6CTI APPROVAto OF THE FOLLOWING ~{)aLIMINARY PLATSI 16 Preliminary Replat'of the Original Toren of Denton Addition, Lot SR, Block 18 2. Preliminary Plat of the Kiowa Trail Bstatee Addition, Lots 1-6, Block 1 3► Preliminary Plat of the Oak Ridge Acres Addition. RBCOMMENDATIONs The Planning and Zoning Commission voted to recommend approval of the above plats at its meeting of July 21, 1985# S UM&&%Y I BACKGROUNDI P OaRAMS, DBPARTMSN•CS OR GROUPS AFFBC'P60I i FISCAL IMPACTS Respectfully submitte " a$ Chris Hartung City Manager Prepared by: Denise Spi Development Review Plaaa~. Approveds ,reef Meyer Direatot of Planning, and Community bevelopment 1170a , a~« t r t,}~.~ ~ 4 i•,,~ y t ~ ' ':9 ~y r r k + y ' tr' ~ ' c r ~ ° `'~,r ~.,q~ •1 kn CI'CY COUNCIL AGENDA BACK-UP SUMMAP.Y SHRST M44TING DAT Es August 6, 1985 SUBJECT: Preliminary Repla: of the Original Town of Denton Addition, loot 5R, Block 18 SUMMARY: This tract is 0,3 acres located at the Southwest corn%r of East McKinney Street and Oakland street. This tract is shown in the Hirain Sisco Survey, Abstract 1184, Denton, Texas. Office 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 replat. RBCOMMENDATIONs The Planning and Zoning Commission recommends approval. ATTACHMENT: Reduced plat &.1" dAjCIE44 Denise 8p e Urban Planner 1095a At r A 1 H • n r + + ¢ 114 OKI Mly ' n..'a►aK LwOitTt w. MAwoiti LOT ON awac Lb J rO0 oolwacut so* 0.344 Ao. r 'y ~ oow~ouv, loot ~ ~ ,~L{Ot~T 4 LOT 4 A~lttl L, Grp 6w ~ Ol01pqky4 low ``77} tpiwi4Att:o 4 I GI/. t•1y X0.1' 461 EAST OAK STREET p ~owt~ntr. w~rtt PRELIMINARY REPLAY ORIGINAL TOWN OF DENTON LOT OR DOCK la BEING A REPLAT OR LOT S, P-0" 4A ORIGINAL TOWN Of OENTON, ?ARAM 'ISCO SuRYEY A • II04 CITY AND COUNTY 01 DENTON,TEXAS NIE VARY JU s EN f `'!°i riM1) r ~ fr R r 1 Fk `,yt : o i . Nae i 1~ t Y- CITY COUNCIL AGENDA BACK-UP SUM14ARY SHEET ~ r s' MESTINO DATE: August 6, 1955 i-~ SUBJ8CT1 Preliminary plat of the Kiowa 't'rail Estates ~ Addition, Lots 1-61 Block I SUMMARY: 'Phis tract is 8.2 acres located 345 feet north of Brush Creek Road and east of U.$, Highway 317. This tract is shown in the James Severe Survey, Abstract 1164, Denton, Texdes The property is located in the extratertitorial jurisdiction, and residential development is anticipated. Individual septic sy,stem6 will serve each lot. Water service will be supplied by the Argyle water supply Corporation. This is a dual service area with Texas Eieotric Utilities. ACTION kBUUIRED: Approval of the prelietir,ary plat RECOMMENDATION: 'rho Planning and tuning Cominir;sion recoin::-ends approval. ATTACHMENT: Reduced plat Denise Sp ve Urban Planner 1141a p t ~ ~c1 .5 7~ii.'4 ~ •y '~tt F a S ~'~t) ~e~ i~ 'S r ~i~+t ~,r~ ti~~~~.4 ~i aloles emu Vef Will, ® J " D Vol .124/ P~ 443 00 axcT111e F 2.0 -tit 1 0, w. GREEN. H Vol, 120 At 410 P. N. PAO[ A { woIkIQX ADd110N ~ 1 3 ONNiE _ [ I ' [ ~ I -AMU 11M WWW P11tlNMMT PUT K10WA TRAIL ESTAT96 1LOCK ONt Willy w 0.141 ACA!! It! • HVIRI SUAKY A-1144 OWON COUWs ?INA$ ~c~tvsc AFRO X1985 l y7 t+ "+y ~ r`:" 7;' ~`k ~ 'r• ~ ~ ' sy : ~ P 3'~ i ~ m .y ~ u, ~ • 1 u CITY COUNCIL AQENDA BACK-UP SUMMARY SHEET MERTINQ DATE: August 60 1985 SUBJECT: Preliminary Plat of the Oak Ridge Acres Addition SUMMARY: This 78.6 acre site is located three miles east and north of Hartlee Fletd Road and 'approxi- mately tuo miles south of FM 428, Tha,property is located in the extraterritorial jurisdiction and the development of 25 residential lots is anticipated. Iiatat service will be supplied by the 9lackrock Hater supply Corporation and septic systems will be installed by individual lot owners. Estate' type roadr built to City of Denton specifications are proposed. ACTION REQUIRED: Approval of the preliminary plat. RECOMMENDATION: The Planning and Zoning Commission recommends approval of the Oak Ridge Acres Addition with the following conditions: 1. That the developer shall dedicate 30 test Of right-of-way across the northern boundary of tot 10 and 6o feet of right-of-stay along the western boundary of lot 10 for a future collector street in this section of theroity. 2. That the cul-de-sac on Oak Ridge Dtive'shall be extended to the northern boundary of lot 10 for connection with the future Collector street. ATTACHMENT: Reduced plat Denise Spiveyel Deveiapment Review Planner 09306 rrr as 1 Aa' LIL OR' 6 f 1 l1 t„ t)ffb'e C[lttALIK CUM DATA 14i L.AL r AIRYI T OARI la w. r ! 4" on D All IMADtt • b011} a ADIV~. l R • A / ARl l0 • f ALL NL lfw//M~1 1 / t1L i ,f , a T 1.4 $4. 1IMM IN" wrt 1%1 e..IruwMhw /rw Awr,1 lw,N,r, w l` A l t ~I to AYw lrw,rlb,N.A rr rdnu 1 • t -11 , / i 1 RAN, 5Y.AH1 r.Iwttl{fww O i r, d'1~ ` e ' .1aN 1 j ! . ~x ~ IAL a&mv f Wu ar a Awwr ✓ / I411ti N f►►r to M A,wl►1 30 f .anw PAW 1"Ov t" • w \ ~w' Ilf► rlrrnlPokes IN rrwwOR 0410 lwf.wf mum g\ riocl ~ 4 % 1410 1/01 if l fN/fM ~ w l g L xa bf1At lAreN ~ ~ uv+l Ar r t RUN l' r fry, --tfR ; wt .21V ! - LL too J~ ,Ar f.l f L.l11 - W AL 6.216 AL iv M4n'a i 11 l N. A1. //wN,TUw }IIOf " , ti{8! !:lf~ '•~`~f O ONMA 911,64111 M" ko. _ LMfl GN11 MI N IM {{tW • • % MW I M I IN] lira MET. fR ww~.al and miltJ 1 r l NJa 1. !anti 1 1 • ■ Al LOV glll 1 / MVV . 6 1 M '41 ram 00,, H •rial lU.f +w ..........r .r. H/4 n, + (r4 K''r W h,i r as pow wit rtiN 'e r i. k •k. 'r yy , jT e ='d ~ 1l~'Y e 1 b1tM,00M, rEXAS MUNICIPAL. BUILDING / DENTON, TEXAS 76201 / TELEPHONE (811) 566.8200 July 29, 1985 MEHORAN4 UM TO: Mayor and Maabers of the City Council F'H061: Victor Schneider, Tm Technician SL'Wwr: Approval of Tax Refund ~TION: Tax Technician reoam*nds that tax refund be issued, %WMARY: Chapter 31, Section 31,11 of Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500.00. Tax- the~ama t ooff $1, 2190.15 fo double pa t of pr6berly tax account. RACiflA)W Rolland S. Iwert should have paid 1384 taxes in the amount of $10353.28 instead of $2,672.41. Difference to be refunded between the correct and incorrect tax amo~u►ts. FISCAL WALT: $1,219.16 to be refunded. Respectfully submitted: Oltc.~Mr Schneider Tax Technician r a lay l tr e~ ,~~i' 3'9~^~~.Y(r . "r.~V4 1 e~ - a r i t 9 a N ,1t 7" y y .(e ~ r i}n s i fa r- n n J r°1. a ,4'1j J;, J rirti Y✓ AA, yb fir/!} r e ~zu n a l •a 1 '1 ~w. T.ii Vii` t~IPLA`1'UV FbR 4T'AC RFUID NNW Ewa 31.1/(Hell CoII~cNnp OfACe IVamet d . e ~ ~ t:atctinq Tax For. !!x ng n -4 4 to Address &1 City. Stag. ZIP Code .rrrrr r~rr~~..rrr~~,rrrrrrrr~.rrr~.rr d, ryrrrw~rrrrrr rr..r In order to apply for a tax refund, the following Information must be provided by the taxpayer. IDENTIFICATION OF 20108 OWNER. Name: Aw so I s.*"C r Address: 92Q 'eel o_ e.i oh h►~ a Telephone Number (if additional Information is needed): ;a IDENTIFICATION OF PROPERYYt Description of Property: Address or Lactation of Property r lwgn-ledoitb T Account Number of Property. or Tax Receipt Number, INFORMATION ON PAYMENT OF TAXES; (dame of Taxing Unit Year for Amount of From Which Refund Which Refund Data of the Amount of Tax Refund Is Requested Is Requested Tax Payment Tars Paid RequeNed 1.irr.~.__. 1t) p` -go - / i9 d~ $ ZI') !ham 3 19 /1o $ "If r PX & 01Y$4 77 19 .1, ?4/1e $ ) Sig I , a TawAyer's reason for refund (attach suppirtinq documentation): "I hereby app for the tofurlp of the abowdescribed taxes and certify that the Information I have given on this form Is true and rre L g2 Are ignatura Dat of A €catlon for Tax Refund ~..,rrrrr.rrrrr.~rrrrrwirrr~~r~r~.~rrrr rr rrrr rrrrrrrr ~r rr rr Ml r. +Mrr~r DETERMINATION FOR TAX HOUND; Approval Disapproval Signature of Authodied Officer Date Signature of Prael&g Officer(s) of Taxing Date Unit(es) for refund applications over $600 My person who makea a Islas orft upea the far s0olog record shall be ou", to one of tM foNowhio Wdioe, 1. MnpMairdeM M net "we than 10 Yom sew Ue Then S. yews sAd/a a Nne of net atom Man $8,000 or both sash #ne and Imprteowwot eonMnemeM M IeN for a term t p a 1 year er a ttne set to seed 1>4000 a Beth such tine and In+prfeonn►sn! low km to tlecuen $1,10, P" Cede. ~[MD l1,11 30 COLLECTION :f a ~k,r Aft, ' F 3' ~R, ~ . ;n' • ~ WJAS • j~a I`++~' , ~ . e' ~4a j" Imo.. . r Rd~';F ~K 4 Dr -tV,.~ Photo PAZ 9A01 215 Ei McKlnmy a ,'r Y~ » • 10 f ~Ity,T+V^ for ` laid. Xlx.9 ti PA v e } PA tm f, try > { r ~ L1 01 tCiLo.. tY..T~xN }Of tfN~Nt' J, F x t tiJ x3e ;~,'t '"IH s r A'4di!^7!n't k fv of grMee j 1, ! • h t i VN.}i , AORA 36389 ~ '.r. •n.1r4w. , ~ ,Jjjj,~~" ws ` 1 { ,N ~ ~ ,4~~, n •Fn $~~6 ~ -4 t j S L;y ~w ? ~if~JY` ItlJ~ yy ~ ~1 ""tF o n'1~' Ya T 3 ! t W < < 3~ < s ~p','+`Tr t~ qz+' t r e~± jL ra tt r Y 4 4 ~ L'~~ h R• 1> bA 4CiCplkltt.0 ' WHEREAS, Cot A d4 Ifif, tkt C o OdAton !o►t one of its (Holt VdAAd ' tmptoyeti dae to tkt tt~y demist of JohA d. A<axWelts ~tAd , WHEREAS, John 0. PAAW tl N.t4d the Citg of VW001 with K4,A14 dcd&dtign and titeless devotion to kis es jot sevtate n tars ajftt tttittag jeom the united States Ali Foul wi the tank of lieutenant Colar~tl; and WHEREAS, de the City's Civil Defeat Diteetot and UM the Emetgtnq Management Cootd4wtot, RIA Mdnagt4 and Safety OluctM Johx Mdtwttl pt"~}~d and advised not only the C' of .Denton bat ptovldtd t~Liing jot PttsDMd itbm otket W:1 di; well !n eme a and p}o!!du s, developed tr~'4 A P" jot tmet~ge ml' jacit 1w was iitgUU tAW lR the fotmdt A 01 a tatAty-wide am6ulanct } M-A MW dt a Am radio Attwotk that today ttM" o+te of the kjtrVState of Texan d,d WHEREAS, In addition to W datiel M EmttgtV4 Management COQUUA t04 Jcha Maxwell rod/ bwacmehw ih developing w d supetvising the City's bwuAeA W silk mdnagemtad ptogum, ixitrYatin9 do 46esde81 teview board, safety Peogtams, dejenthrt "14g toques W m ed &a the eadlo 4m ttteeomfflwtkdt b ty►taiee jot tm moA ca;ioas of at City, a+d WHEREAS, John Ma WW4 Wettit ih Nst iltu el eme sQtirs nmmgtmott lid him to pptovidt the imptbu lot the ttt4611hA. of tautse work and d dcgue plan la trot tAq admWstutlod and plautW at Notth rtx#A State J&Ivttiw , whist aA e*Wtd m*olaukip kas 6ttA treated iA hls hoaoy and WHEREAS, John O. Mdtwett;etved h 1i community about and 6eyoAd the mite tijkknt discJuttg4tt of hls datits W ptomot/rtg the ialety AM wttjatt of the tZ04 of OtntoA and tamed the jntl ltsptct And admiution of kit tolledguts and asjocidttV NOW, THEREFORE, 06 It RESOLVED dY THE COUNCIL OF THE CITY'OF OENTON, TEXASr that the gutew apPueiatiOR idt 6y tAt tXZ94 tmploytts dAd ojfieeu o the City of Demon jot W ittvkts so itljlesely aad ` anstixting ttndettdby John Mdxwtli rousts this RMActton to 64 I iotmatly tartlEtl6td into the o(idc~1 miAUtes of the City of r Oea to" ud dt"ed to the temem6w4a of "John 0. 1 Maxwe~, j PASSED AND APPROVED this the fth dq of Aaju4 1#95. { tt.. RiCHARD 0. CITY OF DENTON, TEXAS i ~r~? f•s ` ` r Y ATTESTt City Of DENTON$ TEXAS APPROVEf1 AS TO MAL FORAtr CITY OF OW ON, TEXAS .L + ~ o s1 z', C ,L.ra x y1r f y { 5 , ,1 7 Yf, i 7 + ;q h .+rR . ^.i~,~ {y l`~`'N~N' 5rt n, rw "f l o~1•d; ,1 e ? a. 1n Yfh 1luqua~';1, 1985 CITY COUNCA REPORT FbRMAT. ' T0. MRyot and. kesbers of the City Council FROM: G, Chirisi ke' rtunR`,` City Manager SUBJECT:' Beautification Awards RECONN$NDA?ION: Present beautification awarde. SUMMARY: The Denton Beautification Coma+ittee would like to present awards for community`service acid improvemont to various aoenoies, groups, or' individuals: BACKGROUND:. This awards program will provide awards on a monthly basis-to , individualso groups, and businesses who have worked to make our city more attractive. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: N/A F ISC..,, A._...b IIHPACT:: 1 N/A Respectfully subotl ted: 92,0,o U"a WIT L3 --nffr"RgW City Manager Pz red a Title Ap td do 'Title I N, N► y 7Ix Cffy 6Y f 0!'!II'1'opNg rIX" MUNICIPAL WILDING i biNtONe TEXAS 762NOt, 'TELEPHONE (81) U64* I M E M O R A N D U M TOi Betty McKeah, Assistant City Manager FROM Steve Brinkman,' Directors Parka and Recreation DATBs August 1, 1985 8UBj?CTi Beautification Awards We would like to present the first round of beautification awards at the August 6 Council meeting. These will be awarded on a monthly basis from March through October. Steve Brinkman MON00383 f, PARKS AND P.ECAF.ATION DEPARTMENT! (8! 7) 666.8210 ay: ° $ 07'. . I~r ,q9 s5 r.] t u~7 j din d,1 t'"1 tb" Ak i1i ~'r~ !}y 5 - i fit 8'1.85 C'I'TY COUNCit RBi*ORT FORMAT Tol Mayor end members of the City Council ' PROM:. G, Chris Hartung, City manager . SUriJBCTi This is a Public Hearing on the Proposed Assignment 'uf the Cable TV Franchise to Sammons Communications, Inc. R BCOMMBNDAT ION: The Cable TV Board unanimously recommended approval at their meeting of July 31, 1985, by a vote of 3-0, SUMMARY: A Pdr4~'5ase and.'o:es Agreement has been executed bet~reen Golden Triangle Communications and Sammons Communications concerning the sale of'the Celle TV system servAng Denton. In accordance with the Cable TV Ordinance, the 61ty of Denton h•' received a formal request for Transfer of the Franchise to Sammons Communications. BACMOUNDs The Cable TV Ordinance requires a hearing prior to City Council action regarding assignment of the franchise, PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: None FISCAL IMPACT: None Resom s . City Manager Pr~ red Y. Name Title C`. Approved ANN Titie y F h f WI _ i i tG r} T. ~m '~yr'~ ~ ~ .a ^d( +`j 'rak ° ry •1 } 1 ~00,(akta Fiwrn Qriyf A Subsidla+Y of ' AMvifa O~o-18 30 0 Cox Communk*10", Ir4 Go~m~r>v*Qflons July 16, 1985 Mr. G, Chris Hartung City Manager 215 E. McKinney Street Denton, TX 76201 Dear Mr. Hartungs This is to confirm that a definitive Purchase and Sales Agreement has been executed between Golden Triangle Communications and Sammons Communications, Inc., concerning the sale of the cable television system serving the City of Benton, Texas, our purpose is to make you fully aware of the situation and in accordance with Section 27-2t, paragraph 4, of Ordinance 78-21 dated May 2, 1578, to formally request the transfer of the Franchise to Sammons Communications, Inc. Representatives from Golden Triangle Communications and Sammons Communications, Inc,, will contact you shortly to arrange v meeting regarding the schedule for an orderly transfer of ownership. In the meanttmeo I am available to answer any questions you may hdve. Si ly, Reber Keller Inte A S stem Ma ager Roy Ap leton, Jro Partnership Representative ~.~,nikr ~ :YCITY OF Delp" t2MRANDtM i M 8111 Angelo, Assistant Director of Public Works r FROM: Sherry R. Boyd, Administrative Assistant DATES July 31, 1985 ff' SUBJECTS SAMMONS COMM 41CATIONS t As far as an overall impression of Sammons Cosmuntcations, all the cities were in agreement that Samson$ is a very professional orgai, nisation. There were general problems that occurred within the tx"6'81 tion period, but most cities feel that Sammons was a batter choic than their previous cable company. Attached you will find a short synopsis of the cities I recoiled infor- mation from. On the whole, the cities 2 spoke with felt sans was an excellent company to be associated with. SAMMONS CONMUNICATIONS BUPLESON GENERAL IMPRESSIONS - Transition was tough from the previous company to 8emmonso more se ~rfied with Sammons. PROBLEMS COMPLAINTS - Sammons has not been totv)ly honest with the city council In st they are propa,ing. Sammons wants to cons'.lidate Burleson with Ft, Worth. BASIC SERV. RATES - $9.95 mo, basic, $5.00 month - 2nd outlet, $35.00 insta at`lon" RES"SE To CO_MPL/INTER, SERVICE - Have to call Ft. Worth for se n-ice and any problems. Once they reach the office, Sammons has a good response to calls. CLEBURNE GENERAL IMPRESSIONS Relationship good with Sammons. Updated the system. Lived up to the commitments that Storer promised. Very professional organization. PROBLEMS/COMPLAINTS - None that were worth mentioning. BASIC SERV. RATES - $10.45 mot basic. RESPONSE TO C09VINTER._SERVICE - Monthly report given to the city of number o comp aints# action taken# connects and disconnects. CROWLEY GENERAL IMPRESSIONS - They were left on Storer's system for a year, but felt like SCI upheld their contract, PROBLEMS COMPLAINTS - On the whole, not satisfied with the billing system. Office staff is and to deal vith and somatimea rude. BASIC SERV. RATES - $9.95 mo, basic, $5,00 so, add11. outlet, $35.00 natal ation. , s N..p -11 .,_-.W SAWMS COMMUNICATIONS Continued RESPONSE TO COMPL INTER. SERVICE - Billing and service out of Ft, North, D cut to re- arc 0fUT6 hours week 7/22 - 7/26. EtOMS seem to knock the system a lot. DUMAS i GENERAL IMPRESSIONS - Service and quality ten times better than previous company. SCI live-3 up to everything they promised. Staff's management very good and very easy to wor) with. Excellent company, PROBLEMS1COMPLAINTS - Three - four complaints so for this year, (Res not having cable In h area.) SCI has taken care of the problem. BASIC SERV. RATES - $10.21, I RESPONSE TO COMP!jNTER, SERVICE - SCI manager checks with CM office once a week to see if CM office VA-s `received any complaints. DUNCCANVI LLE GENERAL IMPRESSIONS - SCI runs a good operation. Easy to work with and well receive Vvi-tUn the community. Maintains an office in the city. A well-managed company, PROBLEMS/COMPLAINTS - Basic common complaints) i.e., construction of underground cable, loss of power (due to someone damaging cable), BASIC SERV, RATES - $9.95 mo. basic. RESPONSE TO COMPL INTER._SERVICE - Corrects problem as soon as possible. if a mistake is made, they er re quick to correct them. FOREST HILL GENERAL IMPRESSIONS - Reception better than previous company, Very good cosrnun cations w t the city of Forest Hill, 4, SAWNS COWUNICATIONS Continued PROBLEMS/COMPLAINTS Changeover problem. Cable ready - T.V. not opera- t ve on SCI. Remotes have to be rented from company. Cannot record one channel (VCR) and watch another channel. BASIC SERV. RATES - $9.95 mo. basic. Sent out a brochure to help the customer understand the billing system. RESPONSE TO COMPL/INTER. SER4'ICE - Overall, satisfied with SCI service - 24f►r to 48 hr. turn-around on service cells. IT. WORTH GENERAL IMPRESSIONS - one of the better cable companies in the country. Company learns from their mistake and makes an honest effort to correct them, Technical people vtry good. PROBLEMS/COMPLAINTS - tvblic access is a problem (did not go into detail). BASIC SERV.'RATES - $4.95 over the air. Can add pay TV to theses $6.95 USA Lifelines $8.95 CNN.' RESPONSE TO COMPL/INTER. SERVICE - Very good and responds to complaints. Very prompt in responding to interruption of service. HIGHLAND PARR, UNIVERSITY PARK - JOINT COMM. SYSTEM GENERAL IMPRESSIONS - Delivered on all aspects of the franchise. Very pleased with their performance. Completed project in the time frame specified in the contract. PROBLEMS/COMPLAINTS - No reasonable complaints. BASIC SERV. RATES - $9.95 mo.1 $30.00 installations $15.00 additional. RESPONSE TO COMPIINTER, SERVICE - Quick about repairing problem. Immedi- ate response to complaints. 6 , l{: Sys CommumICATIOlas ContiAwd RPJNMALE GENERAL IMPRESSIONS - SCI does an exaeli,ent +cb for our city, i PROBLEk6/C2ItLA1NTS - Three complaints within the last year and they were billing complaints. The complaints were worked out to both parties' ~I satisfaction. BASIC SERV. PATES - Recent rate increase • $7,50 to $9.95. RESPONSE TO COMPL INTER. SERVICE - Very prompt to complaints and inter- ruption o Services LAKE WORTH } i GENERAL IMPRESSIONS Allows Sammons to handle all problems, PROPLEMS COMPLAINTS - No problems or significant complaints. BASIC SERVTES - Approximate rate $7.95, RESPONSE TO COMPL/INTER. ~ SERVICE -Pretty good. RICHLAND HILL GENERAL IMPRESSIONS - Sammons took cable franchise one year ago and did a chec of tho city, Cleaned up the mesa that the previous cable company left, PROBLEMS COMPLAINTS - Billing was intermittent. Administration hard to reach, service coming out of Ft. Korth. New convertabox will not allow VCR to record on one channel while you are watching another. BASIC OEM RATS - $7.51, base service (nc rate increase until service is better), RESPONSE TO COMPMINTER. SERVICE - Good response time to complaints, Monthly printout of connects and disconnects, resolution of problems, f~:; rx 1777 1 ,r1"~ ncn4 ~~r. vk w Y SAMMONS Ca "ArCATIONS Continued BAGINNA1i GENERAL IMPRESSIONS - AnY time they had a problem, SCI responded when they were needed. PROBLEMS/COMPLAINTS - Complaints are inevitable but SCI responds promptly to complaints a I:oblems. BASIC SERV, RATES - Did not know. RESPONSE TO COIPL/IMfER. SERVICE - Cable ready TV is of no advantage to the customer. VCR cannot- record one channel while you are watching another. 1 WATAUGA GENERAL IMPRESSIONS - Sammons trying to ugd_ts system. Storr had many problems and asmmons is working with the city to clear up existing prcob- less. PROBLEMS/COMPLAINTS - All the complaints are tied to Sammons -trying to update an clean up the existing system. Office in Ft. Worth, poses Si few problems, Sometimes feel like they are second on the list to Ft. Worth. BASIC SERV,.RATES - $6,00 mo, (their approximate guess) RESPONSE TO COMPL/INTER. SERVICE - When company is alerted, tuy taki! care Of any pro esw, WEA-r.THERFORD They are on Berrie Cc=nications, WHITE SETTLEMEMT GENERAL IMPRESSIONS • Good reception, Was not pleased with envies at flt&t, ut nowthings have leveled out and service to more consistent. d.~ i`n .x yr~1 $ ri'y +E ~r Ire a 1 ~z ea, v rr ; J q y k 4! SAMMONS COMMMICATIONB Continued' PROBLEMfi/OOMpLAItiTB - They had transition problem in the beginning. White f Settlement ato call Vt. Worth for service problea and cells, phone constantly busy. SMIC SEP.V. RATES - $9.95 mo. i RESPONSE TO COMPL/INTER. SERVICE - Very responsive to customer problems ~ and complaints. ! s f pv2 i L ~w i 1 Ct v " DAM, `ON,TSXAa MUNICIPAL BUILDI,IG / DENTON, TEXAS 76201 / TELEPHONE (817) %6.6200 M E M O R A N D U M TO: CABLE TV HOARD t FROMS Charlie Watkins d DAM July 760 1985 t. SUBJECTI SAMM TS COMMUNICATIONS ~ ~I r I am enclosing some information provided by Sammons Communications,, Inc. for your review prior to our meeting in the Civil Defense Room at noon on July 31, 1985. 3 As you may know, a Purchase and Sales Agreement has been executed between Golden Triangle Communications and Sammons concerning the sale of the cable television system serving the City of Dorton, Texas. Representative (s) of Sammons will be present at the meeting and staff will present additional information which is currently being compiled for ya;r consideration. Cw/so Attachment pw2 T7z ;61 r , w' cr` ,t}r r't~a kr r `1yy1,~ aLt~ S t w.. lw \ `,y rya f,Y Irri~f`•1 ,°7f-rf •'`.L <<i,..+,` 7 4L ,y •/~Ir lid.. , ' , • F' ' r r .e ♦ f+ i SAHMN3 COMMUKICATI0 t INC. to Wholly-Own* SabmidlMl of Saa~ons Cable Cornnioations, Ina.) r REPORT ON EXAMINATIONS OF CONSOLIDATED FINANCIAL STATEMENTS for the years ended Deoember 31, 1984 and 1983 ROM The Hoard of Directors Sammons Communioationa, Inc. Dallas, Texas We have examined the consolidated balance sheets of Sammons Communications, Ino, (A Wholly-Owned Subsidiary of Sammons Cable Comaunications, Ino.) and subsidiaries as of Deoember 31, 1984 and 198, and'the related consolidated statements of income, stookho der's equity and changes in financial position for the years then ended Our examinations were made in accordance with generally accepted auditing standards and, accordingly, included such taste of the aooounting records and such other auditing procedures as we considered necessary in the circumstances, In our opinion, the consolidated financial statements referred to above present fairly the consolidated financial position of Sranons Communications, Inot and subsidiaries as of December 31, 1984 and 1983, and the consolidated results of theip operations and changes in their financial position for the years then ended, In `conformity with generally accepted accounting principles applied on a consistent basis. C U Dallas Texas Niiroh At 1985 6 SAMMONS COMMUNICATIONS, INC. (A Wholly-Ounad Subsidiary of Simons Cable CommunSastians, Ina.) CONSOLIDA1e0 IALANCI SH99TS December 51, 1981 Tod 1965 (Amounts in Thousands) Assets 1404 1,462 LIASILI1125 ~S Cash 160a 1.631 Aaaount• payable, trade Adeousts Noslre/le, eubasribers, less Aodrued laterost payable 1, 2 1,21 *4 ,T ` al pWoods top uneollaotibla revenue of other Subscriber CA W04 5611 0546,000 sod 05154000 1.566 1,676 payable ato parende peymente and depdeit+ y,15 ~,t IeOelrobie from affiliate 1,404 too rbto event ` 1 proporty ;iloot aid equipsent at ooati ~ Deferred federal and state teoose texas ef, 5 Se, Cable ~al~rlstoa systems ana equipment 211,151 2036202 total liabilities 111.122 11.8] Offles, •he,+ and other flituras and / W! sat Contin andie resAlpartatlea aqutp•ant 6j;9tt ';sy2 i s and commitments 101143010 , Cesetru0tlen is progress 1 STOCNNOLDtA's 900111 25T,10f 211,629 Lexa aeeuawlatsd daprsolation ( ,oa.eo9) ( 86,9071 Common stook, par value 100 t0ar sesre, 120,060 ehdede authorl ad, 55,400 chores log 4 and 1186716 425,926 ititandDnt Jesse 1.558 Lase 28,995 Riiila0doannlnea ~l fsf0•~';n"1105 149,206 Istisllbla•, eefferad Charles and other Total steokholdar+s equity 1;,148 741974, I/s tit ressehl•se •Do loodrili, net of amortlation 79, 26 2T 6 Deferfa eobt Irpen•e, set of feptlsatloe 04 yeas Other assets 79,612 21.961 LWAIMU the lefor Is to`` edeal •ra 1e integral part alt t~a flnano$ I aiatadeAtto ' 1 s _ , 5k E ~n !4 j_. ry rv k_- KJ f SAMMONS COMMUNICATIONS, INC. (A Wholly-Owned Subsidiary of Sammons Cable Communications, Iri.) CONSOLIDATED STATEMENTS OF STOCKHOV AI S EQUITY for the years ended December 31, 1984 and 1983 (Amounts in Thousr',ds) i Common Paid•ln Retained Stook Capital Earnings Balance, January 11 1983 $39550 $29,622 $31,594 Contribution from parent 488 Net income for the yerr ended December 31, 1983 99677 Balance, December ;1 1983 31550 30010 41,271 Dividend to parer.t ( 10,000) I Return of capil,al contribution to parent ( 7) Net inoome ;or the year ended i December 31, 1984 9,524, Balance, December 31, 1984 550 130JOI $40,795 The accompanying notes are an integral part of the financial statements. r ~ jy 4_.7 a SAKNONS COMMUNICATIONS, INC, (A wholly-Owned Subsidiary of Sammons Cable Communications, Inc.) CONSOLIDATED STATEMENTS OF CHANGES IN FINANCIAL POSITION for the years ande6 December 31, 1964 and 1983 (Amounts in Thousands) 84 Source of funds: Net income 9,524 9,677 items which did not require the use of or (provide) funds in the current year: Depreoiatio+ and amortization 20,429 17,325 Deferred federal and state income taxes 41015 3,383 Net gain on sales of assets {,_,_,,,x,86) ( 90) Funds provided by operations 339582 30,295 Decrease in receivables 108 Contributions from parent 488 Proceeds from sales of assets and transfers to related parties 520 102 Issuance of term debt 31020 27,250 Increase in payables and accrued expenses 11544 587 Other 655 258 Total funds provided 67 1729 580980 Ude of funds: Purchase of property, plant and equipment 42,110 30,837 Inorsaas in rtosivables 435 Additions to tranohises and goodwill 12,421 2,341 Decrease in payable to parent 36 5,583 increase in receivable from parent 1,528 Dividend to parent 10,000 Payment of term debt 1,659 2 0 Total funds used 67I754 58,466 Increase (decrease) in cash ( 25) 514 Cash, beginning of year 1,631 1,117 Cast,, end of year 1,606 t b 1 I' The accompanying notes are an integral part of the finanoiai statementa, ~~rv i~. i r5 ,ry 1 gyp` 1 ~L `le 4k .n,°; T. .5. tv.~ - <s. r. niam'"' 7777 SAMMONS COMMUNICATIONS, INC, (A Wholly-Ownad Subsidiary of Sammons Cable Communications, Inc.) NOTES TO CONSOLIDATED FINANCIAL STATEMENTS 1. summary of Significant Accounting Policies: Prinoipleaof Consolidation Sammons Communications, Inc. (the company), a wholly-owned subsidiary of Sammons Cable Communications, Inc. (the par- ent), owns and operates cable television systems throughout the United States. The accompanying oonsolidated financial statements include the accounts of the company and its wholly-owned and ma3ority-owned subsidiaries. All intercompany items and transactions have been eliminated in consolidation. Property, Plant and Equipment Property, plant and equipment is stated at cost. Depreciation is computed on a straight-line basis over the estimated useful lives of the related assets as follows: CATV systems 5 to 15 years Fixtures and equipment 5 to 10 years Leaserold improvements 10 years or remaining life of lease Transportation equipment 4 years Buildings 15 to 25 years The Liaterial and labor costs of the initial connection of a residence are capitalized and depreciated over ten years. Coincidental revenue obtained °rom connec~.ing new subscribers is included in current operating income to the extent of direct selling expenses. Included in CATV systems are certain costs incurred during the period of CATV system development. These deferred costs are being amortized over the estimated useful lives of the related CATV systems. Franchises and Goodwill Goodwill acquired prior to October 31, 1970 is not being amortized Goodwill acquired subsequent to October 31, 1970, is bAing`amortizer `on a`streightwline basis primarily over forty years. a, . a P✓° t~ t+ k., r r 1~ ~l `'x_ 7 SALMONS COMMUOICATIONS, INC. (A.wholly-Owned Subsidiary of Sammons Cable communications ,"Ino.) NOTES TO CONSOLIDATED FINANCIAL STATEMENTS, Continued 1. Summary of Significant Accounting Policies, continued: Franchises and Goodwill, continued Franchise costs are amortized on a straibht-line basis over forty years or the life of the franchise. Income Taxes The company files a consolidated federal income tax return with an affiliate. federal income taxes are allocated to the company by the affiliate on a separate federal income tax return basis. State tax returns are filed by the companyes subsidiaries. The company uses the "flow-through" method of accounting for the investment tax credit. 2. Term Debt: Term debt at December 31, 1984 and 1983 consisted of the following (amounts in thousands): Interest Rate 1984 198 Senior notes, unsecured 10-1/2% to 15-1/21 $420000 $43,500 Bank revolving credit Prime or agreements alternate j Mortga,e notes, affiliate, rate 449400 14,400 payable monthly through 1990 8$ 193 128 Installment notes, payable 7-1/2% to j through 1990 11-1/2% 11560 464 OL753 $58,09,2 The company has rota purchase agreements with two insurance companies under which the company has issued 10-1/21;, 10.5/8% And 15-1/2% senior notes, each of which had aggregata prin oipal amounts of ¢15,0001000. The first two agreements pro- vide for quarterly intersst`payments during the terms of the notes and ten a ual annual principal payments beginning ~ June 1, 1983 and December 1, 1985, respeotv'e1.y. The third 7 14 yT! _ e. v:°"a'~7 9 yi ~ f rY wd,. uk ~ 7 i at {-m r ';9T' 8 ! l ~ .!t~~ ~ rz`w ♦ ~ i 1 e i .s. SAMMONS CONMUNICAtION39 'INC. (A `khoily-0 4ned.'Sdbaidiary of Sammons Cable Communications, Ino.) NOTES TO CONSOLIDATED FINANCIAL STATEMENTS, Continued 2a TerDebt, continued: agreement provides for semiannual interest payments during the term of the note and five equal annual principal payments beginning September 1, 1987. { The company also has a loan agreement with a group of banks under whip heba fks agreed to-make available to the dompany edit totaling $25,000,000. On May 23 and July 31, 1984, the agreement was amended to increase the line of credit to %35,000,000 and $50,000 000, ret.peotively. Interest is payable quarterly during the term of the agree- ment at the prime rate of one of the banks or the alternate rate. The alternate rate is the loner of the highest lawful rate, or the London Interbrnk Burocurrenoy Market Rate plus 3/4 of 1$. Interest rates on borrowings relating to the line of :credit mentioned above ranged from 9.87% to 10.75% at December 31, 1984. There is a coMpensating balance require. ment of 5% of each bank's total committed sum. The aforementioned note purchase and bank loan agreements restriot certain activities of the company, including limita- tions on: the payment of cash dividends, the Pledging of asseto, additional indebtedno3 s and maintenance of speotfied levels of net worth, current assets and cash flow (as defined in'the agreements). At December 31, 1984, =9,724,000 was available for dividends and other cash paymento. Scheduled maturities of term debt are a.4k follows (amounts in thousands): Year ending December 31: 1985 $ 6,633 1986 11,415 1987 14,846 1966 00 1989 14;850 Thereafter _24,661 17 5 3 7 j ~3.Jv ~ t 'F 1V I'ie e~ t ~{M r! iti > ~1 ~ T '~Y ~ f ~E'?~Y41 ~ r v ♦ t ~ yr~ L~iK ~ wVi f~ Y.. !r y ♦a t Y~ vet ~~~'1 i ~1 I ys s 1 ~ 7 7 3AKNON3 COMMUWATION3, , INC. CA wholly.-0wned Subsidiary of Sammons Cabe CoNaunioati6ns0 Ino,) NOTES TO CONSOLIDATED FINANCIAL STATEMENTS, Continued 3. Income Taxes: The provision for federal and state income taxes consists of the following (amounts in thousands); 1984 1983 Currents Federal _ 384 State ~ __b76 831 ..._132 *I,116 Deferred: Federal 3,787 3,145 State 228 4,015 ~ 238 -32383 142846 $42499 Deferred income taxes result from timing differences between financial and tax reporting, principally relating to depre. ciation, capitalization and amortization of deferred costs. The effective tax rate in 1984 and 1983 differs from the statutory rate (46%) as a result of state income taxes, amortization not deductible for tax purposes and investment tax credits. Investment tax credits used to reduce tax expense in 1984 and 1983 were $2,664,000 and $3r030,O00, respectively, 4. Employee Stock Ownership Plan: The company is a participant in the Sammons Enterprises, Inc. Employee Stock Ownership Flan (ESOP). The company's contribution was approximately $1,133,000 and ;553,000 for 1984 and 1983, respectively. In 1983, a portion of this amount was reimbursed by Sammons Enterprises, Inc. through a contribution to paid-in capital. 5. Pension Plan: The company maintains a noncontributory pension plan for sub itantialiy 911 full-time employees with one year or more of eeridc'4,` The plan is insured under a group annuilty oontraot with an affiliate. 9 isj+ a_ 4' r i r' r l r 1, 4T n.• s o ;f 7 SAMMONS COMMUNICATIONS, INC. (A ilhoily-0wned Sub' Whey `o! Salmons Cable Communioations, Ino ) NOTES TO CONSOLIDATED FINANCIAL STATSMBNTS, Continued 5. Pension Plan, continued: Pension expense for 1984 and 1983 was $480,000 ssnd 8652,000, respectively. The company funds pension expenso currently. + Under the aggregate actuarial cost method used 7)y the Com- pany, the entire actuarial present value of fut+tre plan benefits, less the valuation assets, is funded giver the aver- age working lifetime of the covered group of pa+,tioipanta. + Henoe, any unfunded actuarial accrued liabilities are con- aidered to be fully funded and amortized and no separate t bases are established for past service liabilities. A comparison of accumulated plan benefits and plan net assets for the company's defined ;anefit plan is presented below (amounts in thousands): _January 1, 1~~84 18 Actuarial present value of accumulated plan benefits: Vested =1,443 8 982 Nonvested 362 X54 5 JW3.6 Net assets available for benefits q 08 JjL128 The assumed rate of return used in determini,ig the actuarial present values of vested and nonvested accumulated plan benefits was 88 for 1984 and 1983. 6. Contingencies and Commitments: The company generally acts as a self insurer with regard to loss ur damage to its CATV distribution systems. No reserve for future losses has been provided. At December 31, 1984 and 1983, the company hat Meade purchase commitments for approximately $3,025,000 and :8.,620,000, respectively, for property, plant and equipme+tt, The company pays pole use, office spaoe land,'and plant facilities rentals under various arrangements ilhile.these agreements are not of longterm nAture, they ers an integral part of the operations of the company. RentAl:expense for 1984 and 1983 was approximately ;2,209,000 and 82,001,000, respectively, 10 7797717 s SAMMONS COMMUNICATIONS, INC. (A Who' liy-Owned Subsidiary of i Sasr,ons Cable Communioations, Inc.) NOTES TO CONSOLIDATED FINANCIAL STATEMENTS, Continued 6. Contingencies and Commitments, continued: Approximate minimum future rentals under nonoancelable operating leases are as follows (amounts in thousanda): Year ending December 31: 1985 ; 800 1986 1987 610 1988 Thereafter 660 JJx26O 7. Aegaieitions: On September 17 1984, the company acquired all of the out- standing stock I;.01 par value, 104,125 voting shares and 5,805 nonvoting shares) of National Cablesystems, Inc. The acquired company and its wholly-owned subsidiary operate a cable television system serving approximately 18,000 basic and 80000 premium subscribers in the City of Pascagoula, Mississippi and surrounding areas. The purchase price was approximately $7,500,000. In September 1984, thu company acquired the assets of cable television systems serving approximately 15,000 basic and 22,000 premium subscribers in Tarrant, Johnson, and Parker Counties in Texas. The purchase price was =14,000,000 in cash. Effective December 23, 19839 a subsidiary of the company pur- chased the assets pertaining to the cable television system in Dumas/Sunray, Texas serving approximately 3055 basic and 1,780 premium subscribers. The purchase price was approxi- mately $2,040,000 in cash. During 1983, the company purchased additional stock of Oxford Valley Cablevision (a majority-owned subsidiary of the com- pany) for #884,000 cash which increased its ownership to 87% of,total outstanding stook. s 11 n 4, 'a , 7 'A~'~ r v a .y a w r r r' 1„ xl- n'. ~ W11 r n ppri re SAMMON.S COMMUNICATIONS INC. (A Mdollr-owned $ubi'Wii y'o! 8aaaons Cau Comauaicatioae Ino,) NOTB3 TO CONSOLIDATED FINANCIAL 3TATIMENTS, Continued T. Aoouisit~, continued: The acquisitions were accounted for as purchases, and accord. ingly, results of operations of the companies have been included in the consolidated flnanoial statements from the date of acquisition. f I f ' 1 a. ° 4 f } SN ~7 F,(I 77X777, i x'; a~Y rN }uY if. a VYn r- C k t SAMMONS COMMfMCATIONS, INC. A BRIEF BIM14Y Cable television had a practical birth by offering a solution to the problem of poor reception of TV signals in remote, rural areas of the country. Since 19489 the technology that brought clear pictures to the screens of residents of small mountain towns in Pennsylvania has burgeoned Into a medium which provides much of the country with a wide and constantly expanding variety of services. Keeping with Its otiginai purpose, cable TV . continues to bring video signals to rural areas, conquering the geographical obstacles of over-the-air broadcasting. Sammons Communications, Inc. has played an Important role In the history of cable television. Sammons Enterprises owned a number of cable TV franchises In the 160s, but Sammons Communications was not officially formed until 1971. Since thi9 time, when the company boasted '216,000 Subsen'bers nationwide, Sammons has been recognized as an industry leader. Sammons was one of the first cable companies in the country to introduce premium movie service. Sammons also pioneered in transmitting signals via AML microwave. Today, 80I serves more than 600,000 subscribers In over-J00 franchises in 21 states across the country. In the communities we serve, 63 percent of the residents Subscribe to bash cable service. Over 379,000 subscribers, 69 percent of our Customers, take one Oe more premium j' y services. Sammons Communications Is currently the thirteenth largest cable Company In the United States, with over 1,600 Impoyees nationwide. 777 a ti.~ > T 11 1:,' i Sammons People play an integral pert in the success of the company Our personnel are encouraged to continually upgrade their professional edueations through seminars and oour9es which help them tiQ keep with up with the fast pace of the industry. And, despite the relative youth of the cable { field, each member of our management team has logged an, average of 15 years in the Industry, Two Simmons vice presidents e.-e from Pennsylvania, one from Harrisburg. The diversity of the Sammons markets Is another one of the } Company's strong points. Our largest systems we in' Font Worth, Texasl Glendale, Callfornial and Harrisburg, Pennsylvania. Equally as important are our smaller rural systems scattered across the United States from California to New York. Sammons Communciations Is a wholly-owned subsidiary of Dallas-based Sammons Enterprises, Inc. In addition to oable communications, the parent firm Is divided into three other groups.- Insurance, Dstribution and Hotel and Travel. The Insurance Group includes Reserve Life Insurance and eight other insurance companies. 9b Distribution Croup, begun in 185?, Is heavily Involved in the petrochemical industry, Industrial supply and the Import of consumer giftware. Vinson Supply Company ~ a major source of supplies to energy-related compane& Briggs-weaver, Inc-, is a well-established distributor of Industrial supplies. Texas Marine and Industrial Supply Company Is the nation's leading supplier to ocean-going vessels and offshore drilling rigs, United China and Glass Company Is the nation's largest importer of gifts and dinnerware$ The 1'lotei and Travel Croup Includes Jack Tat Hotels and Resorts and Adventure Tours. IN stability of Sammons Enterprisos Is assured by the strength of each of its service-oriented lndustries. r e 'A r pis C'M 7 , .JP A r b' dr ' 1 ~4~~ e p p tau .P Y s :1r"i. ~Y +.A;.~i`i. ,74 ]~".,~y^}~..~1j y``u,1ii PAC P d.k(,]u7e~,y(~'j~', 1,ti ;f, rry ^i .e > ~ t~Rtk►IIM 4 t71SAUM ~I~f''-•'~l/~~ ~ ALABAMA M TPPI sent", IIow cha'bars county Adams County, CortkW Lanett lrook?tiren_ Littkvilte Llriebin County 111*w (9h; Uft 0,1W IMtuelttllovtll~ mo~ (Vm e) CALIFORNIA Natchez Homer f~'1l''own) Burbank Pa: Dula Homer (Ylhge) Janualem M010 ore MISSuO m Johl,Rown C Delhi Glendale • Neosho •Johnstown (Town) Le Canade/Fllntridge NEW JERSEY Mayfield La Crescents Absecon (tllekge) Merced County Alpha Mi M110lo (Town) Stanislaw County Boonton Montauk auk Sylmar Chatham Penn Yen (Vi11age) Turlock Denville . Scio (Town) Whittler Dover Wellsville (Town) CONNECTICUT East Hinover Wellsville (Viltese) Middlebury Egg harbor (Township) Willi " `(Toren) Pequabuck FloeA" m Park NORTH CAROLINA Plymouth' Oa'loway (Township) B1ack'Mountain Prespeot C.•eenwleh Township Buncombe County Terryville "Hanover Canton Waterbury Harmony Township Clyde Wolcott Hopatcong Haywood County 'FLORIDA Jefferson (Township) Hazelwood Live Oak Linwood Maggie Valley GEORGIA Lopatcong Montreat Pine Mountain Madison Waynesville Troup Mine Hill OKLAHOM7- West Point Montville ILLINOIS Morris Clinton Bruce Morris Plains Elk City Dwight . Morristown PENNSYLVANIA Bensalem (Township) Eagle Mount Arlington (Borough) Bethlehem (Tom) Jacksonville Mount Olive Township ) Marseilles Mountain Lakes (Borough) Camp Comp Hill. (Township) Morgan County Netco~ Cranberry (Township) Naplate Parsippany -Troy Hills (Township) Dauphin Ottawa Pleasanty lle East Pennsboro (Township) Otter Crf ek Pohateo Easton . Realisc e "g Emmaus (Borough) South J Randolph Palls (Township) ecksonvilla Roockaway Township Str,.,,tor Rockaway (Borough) Yleetwood (Borough) I ; Roxbury Township Forks (Township) Somers Point Glendon (Borough) ort Hampden Ioir,k Stanhope Emmet County Victory Gardens (Borough) Harrisburg. Highipire fistherville Wharton Lemoyne Oraettirger NEW YORK Lowey Macun to KENTU(;Ky Amity.(Town) 8 Townshi Middlesboro Andovc! (Town) Lower` ML Bethel (Toxrts LOUISIANA Andovet (Villase) Lowery Paxton (Township) Yldalia' Belmont (Villate Lower Sointhi►mpton Lower Swatara (Township) A, Y 4. iii t r , M na l fii s,c x 3"''u •.5.. {'$ryp qr 7T .K~ 4 • i'n: h ,'q. r, C t_.ALL k :1>' U `vg`.5 s , •f .,.,.6 ~ P, r' jib MMrnp+ t Ptitoh itlQ~no:rak fiowNhip H1Shiand Pick M w : Cro++n►u,b) xLaIN Haab, 'Now aur6berlaw hi !a pN Op City (Township) IU*hlahd Ht11s Palmer (Township) 3i Saginaw Paxtang Penbbroook =Ity Park Plainfield Township Watauga ltlchmond Township Weatherford Royalton Westover Hub Buswmbmanor Township White Deer Salisbury (Township) White Settlement Steelton VUtGINA - ' St"kertown (Borough) Allegany County Sugarcreek 486rough) Bristol OUIquehanhi (Township) Cltf ton Forge , 8 wai ra (Township) Colonial Heights' TitU*ytown (Borough) Covington Upper Milford Township Fort Lee Vpper'Southampton (Township) iron Gate Warminister Petersburg • West Easton (Borough) Washington County West Fairview WASHINGTON , West Hanover (Township) Adams County Williams (Township) Ephrata Wilson (Borough) Grant County Wormleysb•zg Larson Air Force Base TENNESSEE Moses Lake - Blountville Othello Bristol Soap Lake Carter County ` Cocke County nzabethton Hamblen County Johwon City Morristown Sullivan County Newport • Washington County 'TEXAS Benbrook Blue Mound Borger Burleson Cleburne Crowley Dumas Duncanville ' z4ftliff village Porest Hill • Fort Worth ^ W %Y y 9 ' ~yT" F J5 X~• 24 'c 7T t Y'ti p4 3'Sl" 9 ,x'+ r 7 { : y r 77" 7, 74 4 1 i sih *demo to date= Benbrook, texas Lanett, Alabama Bensalem, Pennsylvania Live Oak, Florida Black Motustain, No. Carolina . Logansport, Indiana Borger, Texas McComb, Mh ssippi Bristol, Tennessee Middlesboro, Kentucky Brookhaven, Mississippi Morristown, New Jersey Canton & Clyde, No. Carolina Morristown, Tennessee Ceres, California Morrisville, Pennsylvania Clinton, Oklahoma Moses Lake, Washington Cortland, New Yak Natchez, Mlssissippi Covington, Virginia Neosho, Missouri Dover, New Jersey Newport, Tennessee Dumas, 'texas Oil City, Pennsylvania Duncanville, Texas Othello, Washington Dwight,1111nots Ottawa, Illinois East Hampton, New Yak Pampa, Texas Easton, Pennsylvania Park Cities, Texas Elk City, Oklahoma Penn Yen, New York Emmaus, Pennsylvania -Petersburg, Virginia Ephrata, Washington Pleasantville, New Jersey Estherville, Iowa Pontiac, IIllnois Fleetwood, Pennsylvania Russellville, Alabama Fort Worth, Texas Streator, Illinois Olendal% California T clock, Calitorr~a Harrisburg, Pennsylvania Waterbury, Connecticut Jacksonville, Illinois Waynesville, No. Carolina Johnson City, Tennessee Weils'rille, New York Johnstown; Jtek York Whittier, California r Sammons, Oki Sybtems Iowa , A OWN OW" • a** 6••` w.; •A ..u Oft r~ • err Wall IR do ~rtirr ai WAWA own" rWl •~M 'Ma u"NOW K n"-gyp r q"nl~ 4 hs i 1 r ..d i a ,i n.' N.yy "1_15, v Yid :1a si ay . ~ `'Y.,X ! ti..~ r ~ u4ilY ~r 7 wi,. *sH n a ~{1. ~ ~ 'rt ~ f ~ k n MINUTES CABU TV ADVISORY BOARD JULY 311 1985 PRESENT 0. L. Seligmann, Chairperson Darlene Whitten JuAith Akbott ASSENT Jerry Garrett Steven Applewhite STAFF Bill Angelo Charles Watkins Sherry Boyd ITEM 11 The Cable TV Advisory Board meeting was called to order by Chairperson Seligmann in a special session at 12123 ?.M., on Wednesday, July 31, 1985, in the Civil Defenst Room of the Municipal Building. ITEM #2 - SWEAR IN NEW W114BERS Chairperson Seligmann determined that all Board members present had been sworn in. 6 9 n I ~1~~I kJ y 9 ~ x A n r n S v ° a're`a 'r ~ p4 %+Y~ MINUT1"j CAStE TV ADVISORY BOARD July 31, 1985 Page 2 ITEM 03 - ELEO':i0N OF OFFICERS Chairperson Seligman expressed his desire to step down as Chairperson, but the Board decided to wait until additional members were present before eluting officers. ITEM 04 - APPROVAL OF MINUTES FROM LAST MEETING Darlene Whitten moved approval, second by Seligmann, and unanimously carried. ITEM +5 - DISCUSSION OF SALE OF CATV FRANCHISE Chairperson Seligmann asked the representatives of Sammons Communications to discuss the acquisition. Dark Weber, Vice President ut Operations for Sammons, in- troduced Sandra Turley, Director of Operations, and John Enlow, who will be tht Manager of the Denton operation, Mr, Weber discussed Sammons Communications, stating that it was a privately owned company based in Dallas and has 68 cable TV systems. Mr. Weber advised that Sammons anticipates changing to cycle billing and addressable connector boxes within approximately 18 months. Mrs. Abbott asked if there would be any Spanish language channel or programming. Mr. Weber stated that the use of such program- wing to typically not sufficient to justify the programming. f t w i j 4 F !'R •i w z. ra"~ 4Fy ~ _,.tia~ ykei ~ a.!Si4b _~•-0. ~ rrrx u.PA ~ n P a~_i } ' ~7+ `r.n ~.i ~n }~~d ~ .~.~`v ~ f MYlit1TE3, CABIX TV AMaSORY DAA11b duly 31, 1985 Page 9 Mrs. Abbott inquired about A allowance for bad debts to which Mr. Webor re2onded that the percent was more related to their accounting practices. Mrs. Abbott inquired about the intention of Sammons to main- tain office and facilities in Denton. Mr. Weber assured the Board of their intention to maintain office and facilities in Denton. The Board and Sammons' representatives diso•;ssed specifics of changing to cycle billing, switching to addressable connectors,,,e;id local access. Mr. Angelo asked the Board for a recommendation on approving the assignment of the franchise to Sammons. Mr. Angelo statad that the 4 staff felt a recommendation for approval was justified due to the financial records and good recommendations from cities surveyed by the staff. Darlene Whitten moved to recommend approval of the assignment of the franchise to Sammons, seeoM by Abbott, and motion carrlad K unanimously. With no further businese, the Board adjourned at 1x25 P.N. c~. L. se2lgmann Chairperson m ~ w~ Yet v 4d~C4~4 r i 1~Os ilayor and Hembers` of the'City Councij. FAOA1 G. Chris Hartung, City Manager SUBJECTt HOLD A PUBLIC NEARING CONCERNING THE PAfITION OF, THE CITY OF DENTON FOR ANNEXATION OF APPROXIMATETY 115 ACRES OF LAMA 80190 PART OF THE J. NES"t SURVBYo ABSTRACT' 13311 AND BEGLININO APPROXIMATELY 50000 FAST NORTd OF U.S. H14ROAY 380 EAST AND NEST OF ROCKHILL ROAD (A-22) RECONRSNDATIONi No recommendation is available at this time. SUMMARY: This is a continuation of an annexation plai begun in 1983-84 that will extend the city of Denton's extraterritorial jurisdiction in this area to enable additional future annexakions in the a,, mea of nut 2uture water resource and aid in defining the ultimate northeastern boundary of the city of Denton. SACkGROUND; Pinal action on a 175 acre strip adjoining thin area was taken by the City Council on February 21, 1984. The annexation process was initiated earlier, but halted when an error was discovered concerning the ler.al description and affected property owners. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED.- All of the property belongs to the City of Dallas, FISCAL IMPACT: r Undetermined Respect ull tubm to : 0. Chris Harturtg Pr area bys city Manager I Ad David Ellison Senior Planner Approve \Awlm~ Jeff Meyer Director of planning and Com,eunity Development 11958 'n F' T,x 77 7 r -T f y;>R ~."a 7}~ t lX 1_t', 7 ` R° 10 ~ f !I~ 7/ a* NOTICE Of PUBLIC HFARINGS ON PROPOSED A iNEXATION w 4';t NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS THAT; The City of Denton, Texas, propop s 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-vita All that certain tract or parcel of land lying and being situated in the County of Denton, State of Taxes, being part of the J. West Survey, Abstract 1331 and tore particularly describad as follows: BEGINNING at a point in the present city limitco said point lying in the North boundary line of said tract described in Ordinance No. 84-25, said ppoint also 1 ing in the East boundary line of a tract described in Volume 607, Page 363 of the Deed Records of Denton County, rexas; THENCE North :long the East boundary line of a tract described in volume 607, Page 363 of the deed records to a point i, the North boundary litre of the J. West Survey, Abstract 1331; THENCE East aloe the North boundary line of the J. West Survey, a distance of 30500 feet to a point for a corner; THENCE South a distance of 500 feet to a point for a corner; THENCE West ■ 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 resent cityy limits to the place of beginning and containing 113 acres of IrAd more or lase. A Public Ifearicg will be held by an before the ity Council of the City of Denton, Texas, on j/L7k- the day of , 1985, at 1.00 o'clock P. M. in the C"Fuouncil C ar o e Municipal Building of the City of Denton, Texas, for all parsons interested in the above proposed annexation. At said time and pplace all such a rbane shall have the right to appear and be heard. Of all said matters and things, all persons intereatod in the things and matters herein mentioned, will take notice. A Public hearing will be held by and before the City Cou cii of the City of Denton, Texas, on the *i.- day Of 19850 a 7:00 o'clock P. M. in che C I 'ouncil e e Municipal Building of the City of Denton, Texas, for al persons interested in the above All annexation. At said time end place all .ach persons :small have the tight to appear and be heard. Of all said sitFers and things, all persons interested in the things and matters heroin mentioned, will take notice. 4C,04roev6s, ATTEST: f';:.i; '•;.a4v 1' 1 . Y q r z i . d ~:.t ' ,.r r.,'r ; r., t9 PLAN OF SERVICE FOR ANN F AREA CITY OF DENTON TEXAS WHEREAS, Article 9704 as amended requires that a plan of service be adopted by the governing body nf 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 R:'SOLVED 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 ache proposed annexation area the following plan of service: I. Basic Service Plan A. Police (1) Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective date of annexation. (2) Traffic signals, traffic signs, street markings, and other traffic control devicos will be installed as the need therefore is established by appropriate study and traffic standards. B. Fire (1) Fire protection by the present personnel And equip- ment of the fire fighting force, will be provided on the effective date of annexation. C. Water (1) Water for domestic, commercial and industrial use will be provided at city rates, from existing city lines on the effective date of annexation, and thereafter from new lines as extended in accordance with article 4.09 of appendix A of the code of the City of Denton, Texas, D. Sewer (1) Properties in the annexed areas will be connected to sewer lines in accordance with article 4.09 of appendix A of the rode of the'City of Denton, Texas E. Refuse Collection (1) The same regular refuse collection service now pro- vided within the city will be extended to the annexed area within one month after the effective date of annexation; < ! oN f rrr ,`1. v ,1r r + `1.+, t s a r'n 9T' N t Service' Plan Annexed Areas Page t*o F. Streets (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc.) - will begin on the effective date of annexation. (2) Routine maintenance on the same basis as in the present city, will begin in the annexed area on the effective date of annexation, (3) Reconstruction and resurfacing oT streets, instAlla- tion of storm drainage facilitiev, construction of curbs and gutters, and other such major improvements, as the need therefore is determin4d by the governing body, will be accomplished under the established policies of the city. G, Inspection Services (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc.) will begin in the annexation area on the effective date of annexation. H. Planning and Zoning (1) The Planning and Zoning jurisdiction of the city will extend to the annexed area on the effective date of annexati.Dn. City planning will thereafter encompass the annexed area, 1. Street Lighting (1) Street lighting will be installed in the substan- tially developed areas in accordance with the established policies of the city, J, Recreation (1) Residents of the annexed area may use all existing recreational facilities, parks, etc., on the effec- tive date of annexation. The same standards and policies row used in the present city a,tll be fog- lowed in extending the recreational program and facilities in the enlarged city. K. Electric Distribution (1) The city recommence tho use of City of Denton for electrid po,xer. r e ~r .,i h~11 ftlj -.,51 d viy. 4 d ;KA' ((N ~i .}n R : pig 4 r Cr 1' r d t •~,t E"r service 'Plan AfiAokid 'Areas Page three L. Miscellaneous (1) Street name signs whrre needed will be installed within approximately 6 months after the effective date of annexation. II. Capital Improvement Program (CIP) The CIP of the City consiOts of a five year plan that is up- dated yearly. The Plan Vs prioritized by such pole.*y glide- lines as: (1) Demand for seriices as compared to other areas based partly oi density of population, magnitude of problems compared to other arease established technical sta"idards and professional studies, and natural or technical restraints or opportunities. (2) Impact on 00 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 w,il be judged accordingly to the same established critfris as all other areas of the city. 7 7 7 10 , f. ~ ~1. 'it5'.I".L iwyar fy.q• s rt. 4 ft t EX i RA-YERRITORIAL JURISDICI ION LINE , :tit .Lw 11 titZ ~ ~ ~ f,.r is r 'L _ RHODES RD, 1~I 1 0,0 1ARTILISS FIELD RD. HILL 8 A~ r f g i r: _A~ ~2 (Rely/.~lC . i jwft~ •~Juna 24, 1985 Submit City Council agenda item ✓June 25, 1905 Submit City Council aggndd back-up t-*,." July 2, 1905 City C4u oil sets date, time and place for public heating v July 3, 1985 Notice to Denton RGcotd Chtonicle July 5, 1985 Publish notice and wailout July 8, 1985 SunlAit City Council agenda item July 9, 1985 Submit City council agenda beck-up * July 16, 1985 City Coudoil holds public heating July 17, 1985 Notice to Donton Record Chronicle July 190 1905 Publish notice and mailout ✓ July 29, 1985 Submit City council agenda item July 30, 1985 Submit City Council agenda back-up * August 60 1965 city Council holds second public hearing August 12, 1985 Submit City Council agenda item August 130 1985 Submit City Council agenda back-up " August 20, 1985 City Council institutes annexation proceedinge August 23, 1985 Ordinance to Denton'Recocd Chronicle August 25. 1985 Publish ordinance September 16, 1995 Submit City Council agenda item September 17. 1985 Submit City ::ouncil agenda back-up * September 24, 198! Final action by city Council at spacial called meeting *Denotes action by the City Council 0964q ~qb ai T f Y a'~ t 1 J §i1 y T iftC i~e~ p` a<!Y.'n, .te s S; ere DATEt .0E10~/8S airy. COUNCIL REPORT FOAlIAT Tot Mayor and Members of the City Council FROM O. Chris Hartung, Cit+ Manager SUBJECT: HOLD A PUBLIC HEARING CONCERNING THE PJTITION OF ftXL6$# EDWARDS A ASSOCIAT8S REPRE.9ENTINO !TILLER OF TEXAS POP VOLUN'T'ARY ANNEXATION OF APPROXIMATELY 304.94 ACP.HS LOCATED NORTH AND SOUT3 OF FM 4261 EAST AND NEST OF TRINITY ROAD, AND SOUTH OF HIGHWAY 380E (A-23) RECOMRENDATIONs No recummendition is available at this time. SUMMARY: Thin petition for voluntary annexation represents further evidence of la!:d sale aotivity and potential development in the east and northeast region of Denton's extraterritorial jurisdiction. The subject property is located within the bound4wtos of a 21000+ acre area extending An far east as Lake Lewievilla, which has been targeted as a .+-~osslblo comprehensive annexation at the City of Denton's fnl.S Action. BACKGROUND: ' All of the parcels in this raquest adjoin or abut at some point a 470 acre stretch of lard annexed in 1984 to accommodate a planned 500 unit residential development originally proposed by Mr. R. 0. rcDonnall and to control future development. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTS: No existing housing or population is located within the area proposed for annexation. FISCAL IMPACT: UnOotermined Respectfully submitted: Pr aced Y: 04 Chi 11. City Manager David Ellison Senior Planner Appro d: Jeff .Mays Dirsator of Planning; end Community Development i005a 1n 1T~:x= 1,'~.Y r r x v '1~ Y:-1 1. n~v ,y s ~ r .n t ~ Abp • 4 A . 13 N0T1CL OF PUBLIC HEAAINCS Gl! pROp09E0 ANNExAT SON NOTICE IS HEREBY MEN TO ALL INTERt9TED FEASONS THATs The City of Deotoa, Taxes.rj . ropvoRSe to lest;°tute ennaxation p rocaedinss to alter the bound ptollowitS described territory to thl ittite cs of orporate laid Cit of Naton, to-wits Islity Cofo the add the City he TRAC I All that certain tract or parcel 0 land, Woo and bninf the V State of Takes, being y part o described ua scribed d &a ee in the follows; County of Denton V. DuTh" Survey, Abe;race "bar 330 and more particularly 8E0INNINO Not, a84. point s ai in tFe praaant city 1iLitc as euesccibed in Ordinan 98, d point also bains the Northwerv career of said survey; THENCE South beini the NorthO bo35' 4311 lingo of lssfd asurvey, a la stance `of: 1,36 .35 feat to a point : or a corner; r' THENCE South a distance of 13046 feat to a point for a corner] THENCE Last a distance of 15.0 Get 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" Vast a distance of 274.05 fast to a point for a corner; THFi,'CE South 440 25' 00" Vest a distance of 220.14 Get to a point for a corner in the Northeast right-of-vay line of FN 426; THENCE South 430 02' 02" Vest ■ distance of 100.13 feet to a point for a corner in the Southwest right-of-way Ito* of FN 426; THENCE South 00 29' 31" fast a distance of 1]412,35 'feet to a point for a corner; THENCE North 890 23' 13" West a distance of 19111.07 feed to a point for a corner{ THENCE North 10 10' 3"' Cast r, distance of 21340.84 feet to,a point for a corner in the Southwest right+of-way line of rH 426; THENCE North Ito 14' 02" fleet crossing tN 426 a distance of 137.12 feet to a point for a corner is the Northeast right-cf-way line of FM 426 and in the Vest boundary line of said survey; THENCE North 00 43' 04" East along said survey line a distance of 19566.44 feat to the place of beginning add containing 1,3412 acres of land note or less. JM~LoLi All that certain tract or parcel of land tying and bein e ua i3 in the County of Denton, State of Texan, bales a part of the N. Forrest Survey, Abstract Number 417 and sore particularly described Dee followil 3E4INN104' it t paint In the reasat city ilalti, said point lyin South 1;1d .40 46' Get, 508 feet from thr' Northwest corner -of Lot 2; block IF of the subdivision of the No rorrsst Survey, said aids all Laing an inset ell career of the tract described in ~rdinaece "bet 84098 r f A•23/IACX 0i t ti:. q rYY~j' + N A F1 !4 ti 4 V,F. 9 s K' i THENCE 870 Line0Of 4$aid East, 2, along a diclaid tance City of 921,28 o fiat and tope point for a corner; THENCE North 20 Olt 29" East, along said city limiti, a distance of 335.6S feet to a point for a corner; THENCE North 10 26' 22" East, along said city limits, a distance of S8.65 feet to a point for a corner; THENCE north 20 40' 39" *att`.l along said city limits, , distance of 264.28 feet to a point for': 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; THEJ?CE South 870 26' 10" East ■ distance of 182.11 feet to a poivt for a corner in the boundary line of a tract conveyed to the U.8. Government; THENCE South 40 33' 07" Vest, along said line, a distance of 409.37 feet to : U.S. Corps of Engineers monument (No. Q-1'19-V) for a corner; THENCE South 60 17' 32" East, along said tine, a distance of 792.72 feet to a U.S. Corps of Engines-: monument (No. Q-308-V) for a corner; THENCL' South 30 28' 02" Vest, along said line, a distance of 576.21 feet to a Corps of Engineers monument (No. Q•307-V) for a corner; THENCE North 550 02' 53" Vest, along said lino, a listance of 437.4 feet to a Corp-j of Engineers monument (No. Q-306-V) for a corner; THENCE North $00 0' 06" Crest, along maid lino, a distance of 308.65 fast to a Corps of Engineers monument (No. Q-305->r) for a cotw.r; THENCE North 540 16' 46" Vest, along said line, a distance of 442.83 feet to a Corps of engineers monument (No. Q-394-V) for a corner; THENCE North 350 50' 0" Vest, along said line, a distance of 432.47 feet to a point for a corner in the said Fremont city limits; THENCE North 20 19' 14" East, along said city limits a distance of 352.66 feet to a pls a of baginning and containing 27.84 acras. TRAC t All that ca-stain tract or parcel of land lying and bein` e ue s in the Coun►y of Denton, State of Texas, being a part of the No Forrest Surlay, Abstract Number 417 and more particukarly diocribed as follovs; SEOINNINO at a point in the present city limits as described in Ordieahce No. 84.9(1, said point also bang the Northwest corner of Lot 1, block r of the subdivision of said survey; THENCE South 870 14' 58" tests aloeA anid city limits and the North boundary line"of said Lot 1, a disCdoce of 1,418,5 feet to a point fora corner, saae btin the Notthe'ait corner of said Lot 1 end the Northwest Sdraer of Lo~ 2, 'block r) A-23/PA4E TMO !s i 47 <e7P °y M1~ 1 S.° F l THENCE South 30 06' $7" Vast, along raid City lisite and the East be~ndart' line of Lot 1 and thso VCs: boundary line of Lot 2, it distab( of 1,711.1 feet to a point for a corner; THENCE North 860 23' 03" Vest, along said city limits, a distance of 737.94 feat to a point for a corner; THENCE North 160 50' 50" East a distance of 146.41 fast to a point for a corner] THENC9 North 820 33' 40" Vast a distance of 701]97 fast to a point for a coroor in the West boundary line of said Lot 1; THENCE North 20 43' 06" Erst, along the West boundary time of said Lot 10 a distance of 561.45 feet to a point for a'coroer; THENCE South 860 10' 31" East a distance of 194.01 feet to i point for a corner{ THENCE North 480 27' 58" East a distance of 28.64 foot to a point for a corner; THENCE North 90 13' 36" West a distance of 71.59 feet to a point for a cornarl THENCE North 390 15' 29" Vest a distance of 81.11 foot to a point for a corner{ THENCE North 730 04' 19" Vest a distance of 144.36 fast to a point for a corner in the Vest boundary line of said Lot 11 THENCE North 20 43' 06" East along the Vest boundary line of said Lot Is a distance of F22.11 feet to the place of beginning and containing 53.94 acres of land more or lose. TRACT p: All that certain tract or parcel of land lying and being, sa of ~ I in the County of Denton, State of Teris, and being par's of the M. Forrest Survey, Abstract 417 cad core particularl,r described as follows; Tract A BEOINNINR at a polot in the present ciSy baits as sd ice?,5id in Ordinance 84.98, said point lying U the North bou0otry Ito*, 300 feet Vest of the Northsast comer of toot 12, 8locli As of the subdivision of said surveYl THENCE South along said City 1Leits, a distance of 2,030.86 foot to a point for a corner in the South boundary line of said Lot .21 THENCE North 89042104" Vast, along said South boundary line and along the North boundary line of an test and Vest road, known as Blagg toad, a distance of 40009 feet to a point' for a caramel THENCE Noah P7005146" East, a distance of 471.01 feet to a point for a corner; THENCE North 62033143" Vest, a distance of 828.19 foot to a point for a corner in the West boundary line of said Lot 121 THENCE North, along said Vest bouedarr line a distance of 1,209''.11 feat to the Northwest corner of said Lot 121 THENCE, South E90WII's East, a.ca the North boundary 16a of said Lot 12, a distance of 944. feet to the plate of bdsikMaj and containing 34622 acres of land dote or less. A•23/1Adt THUZ p 5 "C ,,ww 77, ~A&4 T, 01 IR pr KY !1~ ' v~d" ge( Y 71 r 1 A N, ~ ° i~ is ..~1 ~!Y r,~ Trac b BEGINNING at a ppoint in the prom ant city limits as rne ed in Ordinance 84.98, Said point lying in 4136 Northeast corner of Lot 12 and the Northwest corner of Lot 13, block A,, of the subdivision of said t'orrest Survey;, THENCE North 89035'23" East, aloof the North boundary line of oflsaidtLot X13 sdistsoce of aid point Wagg in A North sodeSouthhroad, cknoewn as Trinity Road'l THENCE South 0030153" Nest; along the toot boundary line of said Lot 13ofmain its Southweat corner same being the Northeast corner Los , block 80, for a total distance of 2 322.47 feet to a point for a corner in the East boundary line of said Lot 61 THENCE North 89006'58" wart, alon the North boundar Gat and West road known as BU IS Road, a distance oiyi, 94.E fait to a point for a corner in sal City limits, same being the Hest boundary line of said Lot 6s THENCE North 0039' East, along said llnss, a distance of 266.81 feet to the Northwest corner of said Lot 6 seat being the Southwest corner of Lot l3, Block 31 ' THENCE North, along said lines a distaoca of 2,032.33 foot to the place of beginning sad containing 73,82 acres of land, more or ;as. A Public Hearing will be held by and afore the City Council of the City of Drtiton, Texas, on the day of usf 1985, at 7:00 o'clock P. M. in the C ty Council A am ers o e Municipal Building of the City of Denton, Texas, for all interested in the above proposed annexation. At said tiae nand place all such 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 notito-. A Public Hearing will be held by and before the City C until of the City of Denton, Texas, on the J61% day of AVA „ 1985, at 7100 o clock P. M. in the City Council C rs o a Municipal Building of the City of Denton, Texas,. for all persons interested in the above proQoead annexation. - At said, time and pplace all such persons shall have the right to appear and be heard, Of &IL said tatters and things, all paraoas interested in the things and matters herein mentioned, will take notice. CITY 0► DENTON, TEXAS ATTEST: A43/PA01 IOM q c Btir~^tio 7TT 'A F-11 7 ' >i14 ~ tir R~~. 44 y'„ .ti n kn,' lr ~ '9i 3 e. ,.m rYr .,4 a' Al J:; J•f, ~f+Ma" til t l ° 1 A 4.J ~r{ , ~i ,r~'' ~}'t P10 OF SERVICE ROR 'ANNEXEb AREA, CTTY, OF r D9NTONP TEXAS 1 10 1DiEREaC, Aiticle B70a as amended requires that a',plan°of service ;rt be adopted by the govbining b6Ay,of a city prior to passage of an ordinance annexing an area; and WHEREhi, 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,provlaions 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 routitue police services, using present personnel and equipment, will be provides on the effective date of annexation; (2) Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards, B, Fire (1) Fire protection by the present personnel and equip" went of the fire fighting force, will be provided on the effective date of annexation. C, Water (1) Water for domestic, commercial and industrial use will be provided at city rates, 46rom existing city lines on the effective date of annexation, ahd thereafter from new lines as extended in accordance with article 4.09 of appendix A`of th'e code of the City of Denton, Texas, D. Sewer (1) Properties An the annexed areas will be connected to sewer lines in accordande with article 4.09 of appendix A of the code of the City of Denton, Texas, E, Refuse Collection' (1) ,The same regular refuse collectioft sef.,ide now pro- yided within the city will be ektend4a t0,th4, Annexed arda.vVitlia one month eft6r the effective date a! Annexatiob. r r rT a 1 R f ^'`t - 4 f, x ~ i~ r+. [P+~~r r bf, ' p ,r it <as v,: n r~14'i C., a} Fr Xti ~fF r :Sr ,w~ r T#T ~J1 AS'W d~l, r b! ~~f, trJ k i, ~'rT rf~J w " w'f°} l r S1"i., `7 Yi ry '1! ~ i ' t r n`i. t4exviceflap .IApnexed, Areas pitga tt~b F, Streets (1) Emergency maintenance c' streets (repair 'Cr`hazardouz . chuckholes, measures necessary for traffic flow, ete`O 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 tho effective date of annexation, (3) Reconstruction and resurfacing of streets, installa- tion of storm drainage facilities; acnatr•icticn of curbs and gutters, and other such major improvements, as the need therefire is determined by the governing body, will be accomplished under the established policies of the city, G, YnspeAtion Services (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc,) will begin in the annexation area on the effective date of annexation, H. Planning and Zoning (1) The Planning and Zoning jurisdiction of the city will extend to the annexed area on the effective date of annexation. City planning will thereafter encompass the annexed area, I, Street Lighting (1) Street lighting will be installed in the substan- tially developed areas in accordance with the established policies of the city, J. Recreation (1) Residents of the annexed area may use all existing recreational facilities, parks, etc., on the effec• tive date of annexation, The same standards and policies now used in the present city will be lol- lowed in expanding the recreational program and facilities in thb'enlarged city, K. Electric Distribution (1) The city, recommends the use of City of Denton for eleotrie power. ~e~cv~o~ r~1ah Annexed Areas Page` three' L, Miscellaneous (1) Street name signs where needed will be installed within approximately 6 months after the effective date of ant,exation, II, Capital Improvement Program (CIP) The CIP of the City consists of a five year plan that is up dated yearly, The Plan is prioritized by such policy guide- lines as: (1) Demand for services as compared to other areas based partly on density of population, magnitude of problems compared to other areas, established technical standards and professional studies, aid eaturai or technical restraints or opportunities, (2) Impact on the balanced growth policy of the city, (3) i.npact on overall city economics, The annexed area will be considered for CIP planning in tho 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, wd ` W771:1,777 -7 "'.n r y t 7 1 woo-moo 1 1 1. r / 1 1 L 1 I 1 . ~ 1 I 1 1 s1.~ 1 vr~ + + 1 ~ y 111 ~1I'r';': 1 ~ t{1r 1 t -vj,JF3 W', ld"r, 7 T v X14` ~~r I.~ tie i 9 v i~ ~7fM i~7~ c a r .-t y C}i R r 1"~ v r. i n t p. A-;-23 ; ANNEXATION SCHEDULE July 8 1985 Submit City Cc, cil agenda item w-, July 9, 1985 Submit City Council agenda back-up ,r *July 16, 1985 City Council sets date, time and place for public hearing July 24, 1985 Notice to Denton Record Chronicle r July 26, 1985 Publish notice and mailout July 29, 1985 submit Cityf Council agenda item July 30, 1985 Suknit City Council agenda back-up *August 6, 1985 ^,ity Council holds public hearing August 7, 1985 Notice to Denton !record Chronicle August 90 1985 Publish notice and mailout August 12, 198: Submit city Council agenda item August 13, 1985 Submit City Council agenda back-up *August 20, 1985 City Council holds secone, public hearing August 26, 1985 Submit City Council agenda item August 27, 1985 Submit City Council agenda back-up *September 3, 1985 City Council institutes annexation proceedings September 6j 1985 Ordinance to Denton Record Chronicle September a, :985 Publish ordinance October 7, 1985 Submit City Council agenda item October 81 1985 Submit City Council agenda back-up *Octtobor 15, 1985 final action by City Council *Denotes action by the City Council G~S4g 9 CITY COUNOIL RIPORT 'PORb-_W'P '10i :dayot and Mambers of the City Council f'ROxn G. Chris Hartung, City manager BDBJ91,vfI ~9UBLIC AdARINO FOR ZONING CASH -1751 R14CWENDATION s The Planning and Soning sommision considered this item at its meeting of July 10, 1985 and voted to recommend approval of 2-1751 with conditions by a vote of 4-0. SIM Y a This is a request for a change in za,iig from the agricultural classification to the planned development district for light industrial use on a 63.7 acre tract located at the southeast corner of P.K. 1515 (Airport Road) and Underwood Road. BACKGROUND. The tract is located a high Intensity area designated by the Denton Development Guide as the major employment s•otor of the city, Its proximity to the Municipal Airport and indusc,rtal sites make this an excellent location for industrial development. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED; Not applicable. FISCAL IHPACTo There is no impact on the general fund. Respectfully ubmitte &-4- Go Chris Hartung City manager Prepared by: Denise SPI eye Development Review Planner Appro Jeff Meyor,Wri Director & planning and Community Development 1171a pLANNINO AND ZONING COMMISSION ABOORT TO CITY COUNCIL 'Toe Denton City Council Case No,: Z-1751 Meetino )ate: August 6, 1985 GENStiAL INFORMATION Applicant: uuion Gregg, III 812 Two Turtle Creek Village Dallas, Texas 75219 Status of Applicant: Owner Rkiquested Action: Change in zoning from the agricultural (A) classification to the planned development (PD) district Purpose: Light industrial development Location and Size: A 63,7 acre tract located at the southeast corner of FM 1515 (Airport Road) and Underwood Road Existing Land Use: Vacant Surrounding Land Uso and Zoning: North - Police firing range, 1racant; South - Vacant; S-44, A East - Vacant; A West - Single family residence, Municipal Airport) LI Denton Development Guide: Area is de31gnated as high intensity, SPECIAL INFORMATION Transportation: The main access to the site will be from FM 1515, a presently overloaded state highway. No perimeter street paving is required but sidewalks and a deceleration lane may oe needed, Perimeter street paving regulations and sidewalks are applicable to Underwood Road, a secondary majot Arterial wi%h 80 feet of right-of- way, and Corbin Road, a collector street with 60 feet of right-of-way. A KfIT,n ~Y^~~ r 'd ha f x r-if 7di 6f i i <ik.0.a dG i ? jl' ~ , fM Ar ~ i ~ Rte ? r t#e 7Yy'IU '1, k~'n Page 'Cw0 SPSCIAL'INFORMATION (continued) Drainaga: The Dry Pork Branch of Hickory Creek passes through the center of this site and approximately 7.9 acres of the tract are located within the floodway. No builaing can occur within the floodway until P,B,M,A, processes a map amendment for the property, Drainage is a major consideration at this site. Utilities: The 16 inch Airport Road water line will provide service to this property. The 12 inch Hickory Creek interceptor sewer line creasing Airport Road runs through the center of this tract and is the only sanitary sewer available in the area, Airport Regulations: The site is located within the horizontal zone established by the Denton Municipal Airport Zoning Regulations. Building height in this zo+.e is limited to 150 feet above the established airport elevation of 640 feet above mean sea level. The site is also located in the !y0 - 100 composite noise rating zone as defined by the FAA. Some sound sensitive structures such as churches schools, hospitals, and theaters could b# affected by airport noise. ANALYSIS The Denton Development Guide has designated this particular high intensity area as the major employment sector of the City, The development Guide recognizes finis area as predv,4lnately indus- trial land of approximately 1,400 acres that will result in a capacity of over 18,000 jobs in the areas Purthermore,.the property is located east of the Municipal Airport ar,'. In close proximity to the Tetra-Pak and Peterbilt sites, In short, this is an excellent location for induattial development, Planned development-zoning.wlll allow the City to control land uses on the site and ensure that they are compatible with the Airport Zoning Regulations, i x u a `4 v'. r x. Fmk y'n a •a.'= r .+v A +N 7 4 A$b Three RECOMMENDATION' The 'Planning and Zoning Commission recommends approval of Z-1751 bya vote of 4 to O with the following conditions: 1, A comprehensive site plan for the development must be approved by the Planning and Zoning Commission and City Council before building permits may be issued, 2, The development must comply with the Municipal Airport Zoning Regulations, i,e. height limits, 3. The following land uses listed in the Schedule of Uses in Article 7 of the City of Denton Zoning Ordinance will be permitted in the planned development. a, All utility, accessory and incidental uses save private community centers and dome occupations. b. All transportation related,uses, c. All automobile corvice uses except auto wrecking or salvage yards and tire` retreading or capping, d. All reLafl and service type uses# e, All sign and identification uses except apartment name and institutional signs, f. All agricultural type uses except for farms and ranches. g. All commercial type uses except for sand, gravel, or earth sales and storage and trailer rental or sales, h, All light manufacturing or industrial uses which meet the performance standards prescribed by 1', 18A, 1 through 7, ALTERNATIVES 1. Approve petition without conditions 2. Approve petition with additional conditions 3. Deny petition t ATTACHMENTS 1, Locktion Map 2. Concept Plan 3, Article 7, City of Denton Zoning Ordinance Schedule of Uses 4. Reply Form Totals 5. Property Owner List 6. Minutes of the Planning and Zoning Commission meeting of July 10, 1985 1090a T '1 4 r ~Jlv r -.sa. s / . 1J'. 466 0 moms- t .y _ AI T RD. r . I sss ' , • , Zwt?5 ~ N LINE f f 4, ' N IN !t f " - C ,le'! r.. rIV,O M A d roof' wa . ~ ` Il.~a rw 1 t r ~ ta«Iw d 4 (t ! w 1148" . ~ ' MUM 'w ~ c c i A M N E r si ` l svRVfY AA pro ; it i w M I~! ~ r 4u, til WIN J. W. H A R 0 / N SUR W r y i ; X151 - : ,,f zoo "!S r X C Cy Yyt, v )+N a7 ;4 n t . 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Aili rA";', 1'3. i..'4 •,I y. ~ 4 i l f w e i 4 TYP9 I~ PAM" L'OT0111mm"m (423 o ~t AU7+OI~fogU SUVICt UM AVMl.A11MDRY F+ AVM►AWWOAft N AWO AMD ttlAM At ~M7tC TAW 1IpgDA fNl ON0~1t t n, r C! t~ltAlIOM 1 Pfd! 1rt1r At" PAM SMM ~ UWD CAA &JA MAT CM AN011U1R lfnuAOOa Ot UttD AVM PAM tACtt A W-11 -11 Ust H RETAIL AND 91C vict Tm Ulu Axmmllror gal t. tAFMjDtCOMtCT mny N (WAlu ~j CA►1•MW t t t 1 OLtARM AND ttM D16 C MCI w pl OtMrtF9 AtviClt qfl DAANtr. NUD1 SWM on veto aw i n4MOROARM GRIVORKM Olt MAW t NANDictAn ow MOUft1106D A?n1ANCt fAlt =11CLWI O V trey°, 2 qp1ti7 t nr Idyl .f!~ o~~'t~:H~~~~ S ' F ~ ~ 1q I 1 11 W-7 a T NONIOORAMt, 6TATIONIRY LLTI aw ►~t a ►uNSyuN M O" tls. m*ra *pz M as IALe a ISxR rw AN ww A` ON 1RIIOIi /AU OF MM 1{H UCVMO MVATI CLUB (10i PA" I NOr RMTAURANT fob a RNYtALL IlGR~ AND 1510PI ""OR UN I{TAO.1'!'ORM AN/O IMO~I in" to ANOTOORAMM A! 1 Nxam IICONONNANDhORI, 0IR05VR• TM t= 05 00 30 fox OR Tum NWtML t SIGN AND IDtNTif' MICIN &M MANIMATt ills I~M.IIIAL II'[ATL 4b I I)ONFMUC" 1w1 sm.DIYImol Idrr MiIAI`t10A1lYZVA1OIWd~QlOalfl`l~Di4r11lIA =ION,>t1 MUTMAL 1561 SM, A/A*"Wff MAW IN INON, AOIICULTVIAL li}I NONf.OLNIRAL IIlI1Nas 1111 ^N6!!, AOYIR1~10 11N V F + 'M1 ~,s~,{Mµy + ~ +,:n l 44: . J ~ ~•1 , ' I~ J i^+ s F:"15~ ~ i 9~.: ~ e' ~['~i ~ '1'YFi U86 a.~ r MUM /M,~frvat~c AGRiCVLTVRAL rM L a aaa4 ~o~rn c 00 Ka 0 MIL wwae ?AR1100 DAMN! p, K.Atft x fNYCMgY, pWLI%Y WMlgCR AL'CHDN wMtocx rttooro rtaxr ` K wusYnn,Dt01U , CO1fDi1 ME"TYP! u8ts wOCao MAT! KU mw "M us& CODhTAND YMllOtfTtlY CWAm*C AND DUM KANCrOOlO~1DCLW C6GZ ftA"=DAN OD CAlrelf ROOM" V 5FXi y Mb W A" "Duo too 00004 AND 10" NtAYY MACM0fi0Y /Al,q JW MMl010 N Mi WAM uvxaY MAIM rax oaot, oAaY oR rAo+t ~e0r TWIT otxT r 7 '"~tii4 i r.', i g , ~'v, 41 1 r w w TYPE UsE } } } } V 000 as M FWD" fill 111 ,1 Ili L*A IN RAM, pay ~CIRMTO~IC OR #21" CH , d bo a x Amu$ 1 MAIIJR f (M ~L OR t; tIlAM1!1 iroRAaR Anrp TCIIIINAL OP/ICS AND ; 'i L NATURAL REBUUltC; BTORAaB AND EX?1EAC°170N Y rt i0[wr a aAR Feu, ~ ~ v 9 LA Miry J w TM M ;it tit animaaRraANa 11 9P~CL1L II1DU~'l7tlAt. PROCt~ mm"? a oOMORRT! TRIIlORm r k" ~Y RM01,I/I" OI cm 001"W" ~ PAICM RAW MIOi IIi~I a tla/ N,Ax! ~ C~ 06 ff"U"m um r"aM "MV ~aomloANDws ~ OIRM IMPAN YARD ile~L!M OR tR1C~itV I N OZM" MAMACTt WO AND MUNMAL USA V [Raw- win Art 7 bDM%w CODb Art 7 All. 1 At' MIX D-WRING Act. 8 (Ord. No. 71.61, Pt. 1,11237 t; Oral. No. M, PC 1,1.2&72; Ord. +asesea No. 76,44, i} 1, 54.76; Ord. No. 781; 1, "76; Ord, No. 7e-29, ~,uasws ; i(ih t~7tl; Ord.. No. 77-81, Pt. X9% 6-7.77; Ord. No. 76-70; 1,11 'marrww~nar 4•f67E; Ord. No. ?839, f 1, 8.1.78; Ord. No. 7841, 11, 81¢fi8; sanrwo _ Ord. No. 8 7rauaesn iron No.'d~d6,1, + 16-19 81; Ord No. $1.1060 Il, l f..17 81; Ord. 00114" sauoane rwwa ! I, 6184? ~rawowoo Argoie L Claaif ew"n of now and unlisted user. It is nor,~nised that new types of land use will develop and forms of land we not anticipated MAY seek to locate in the City of Comm Denton. In order to proAde for such changes and contingencies, a Aarsuro axAM determination as to the apperOsts clusification of any new or LWwp oNwnwwa unlisted form of land use shall be made as follows: ra•AMMowrs" A. The buMog Inspector shall refer the question woonoift ssu" aqr new or enlisted use to the planning cad soulng eom. A owris"" mission requesting an in*M*tation as to the soningcla ` astierrar etRcatbo~ which such use should be placed. The refer- A ro of a* SOMOAnjod w by a statement o[fac s listingquestion nature of " we and i«ano era rrrao whether it lnrolm dwelling activity, aside, pn>ooerK, _ typo at p mducl, storage, and assouet and tatuts thereof, 1 enclosed or open storage, anticipated employatnt, trans- AIM iDRUaa a - - ports" eequirevienta, the amount of noire odor, lhmas, awe duet, teak material and vibration likely to be Ifeneratad A,Mv { lad the peeerd requiremonto fors public utilities sash as water and aaaitw7 lower. uv►o<+ror 8. Tbs plaaning and wu* oommiosim shall oansider the i rotate and described its eolsvatibility with ponsrmarm the u ps mlld" ill a~thee "flow e dirh oe and deterasine the aonlnll district or disMcta within t g g 1h Which such uas should be permitted. tf 0. The planning and soninp commission gWi, tr jwnIt Ib t r h) ! flodings and reeoenmendatio s to the eity eluneil of to the ei/aeiltcatke prod for any new or WSW use. M k ! ~ ~ ~ hl ot~tbsooanet) shall by resolution apperwe the rt'oomtaendstioil a *Ulm and soul " oonresias{on or m.ke arch d.• t« mlaatkn concerning the elassifieation of a" use 6-A is Mfr, Na 41 4$wnw1ed appropriate based up" ;U Andinga. 1187 Ns 41 ua7.1 p 4t T 1 . .y. en i ~ 4J V H PROPERTY OWNER REPLY FORMS CITY COUNCIL E-1751 IN FAVOR IN OPPOSITION UNDECIDED David S. Martino None Received P.O. Box 1306 Denton, TX 1w n~f 1 I .r x • > r ` r r ~ ten/ i Y1r Cam. t frO y / e l I ~ t its; vy _ ~4 } ~ ~ .ti ~gy <4 ~ i ' ~ r tw.. F ro u y ~ y rA s ! i " ,v2 r"a 7 t a 5 P A Z Minutes July 101 1985 age 5 111. PUBLIC HEARINGS B. Z-1751. Petition of Guion Gregggg requesting a change in Ming from the agricultural (A) classification to the (UNAPPROVED) planned development (PD) dis~tlct on a 63,7 acre tract located at the southeast corner of PM 1515 (Airport load) and Underwood Road. If approved the planned development will permit light industrial land use. Five notices were mailed to property owners within 200 feet; one reply form was received in favor, no reply forms were received in opposition,'one undecided reply form was received, PETITIONER: Guion Gregg stated he is requesting a planned eve opment for light iindustrial uses. On question, he said he has reviewed staff's suggested conditions and feels they would be beneficial. IN FAVOR: Billy D. Moore stated he owns 168 acres south of this tract and is in favor of light industrial zoning in that area. He is also in favor of no residences or mobile home parks. fie said he has one question: what is being done to address drainage as the drainage master plan shows a 75 foot drainage canal directly across this property. OPPOSED: None present, STAFF REPORT: Ms. Carson stated property is located in aIiigh intensity area which areas encoLrage development of industrial uses, This area has boon designated by the Development Guide as the major employment sector of the city, the area is also under control of airport regulations which restrict height of buildings and certain uses of a sensitive nature which would be affected by naise levels, She continued that property is served by a 161, water line and a 1211 sanitary sewer lino which will have to be ex- tended. She said there is a drainage problem as the Dry Fork if Hickory Crook passes through this site, this would be addressed during platting stage. Staff recommends ap- proval subject to conditions, On question, she said resi- dential uses would be excluded, Mr, Clark further explained that a ma~or portion of this property is in flood plain, that Dry ork of Hickory Creek goes through the middle of this property. He said deten- tion is being considered but he doesn't know how much value detention would be due to the lcw location in the drainage bast,'. He advised that unless dome major problem exists t.o south, staff proposes pass thrw;gh drainagA with channel V MT ' r,r T t !yr T $S3 ° e C 5 r " o Y C.,.. ~ - B.. IF P 6 Z'Minutes July-10, 1985 page 4 im rovements, He said this property and Mr. Moor0s prop- erty should work together, thhat Mr, Moore would have to extend channel and improve when required on sub ect prop arty. On question from Mr. Moore, he said staff feels pass through system is best unless somo unseen problem exists; this will be addressed during platting stage. REBUTTAL: None offered. Public hearing closed, DECISION: Mr, Juren moved to recommend approval of Z-1751 subject to the following conditions: 1d. A comprehensive site plan for the dovelopment must be approved by the planning and Zoning Commission and City Council before` building permits may be issued. 2, The development roust comply with the Municipal Airport Zoning Regulations, i,a, height limits. 3. The following land uses listed in the Schedule of Uses in Article 7 of the City of Denton toning Ordinance will be permitted in the planned development. a, All utility, accessory, and incidental uses save private community centers and home occupations, b, All transportation related uses, c. All automobile service uses except auto wrecking or salvage yards and tire retreading or capping. d, All retail and service type uses, e. All sign and identification uses except apartment name and institutional signs, f, All agricultural type uses except for farms and ranches. g, All commercial type uses except for rand, gravel, or earth sales and storage and trailer rental or sales, h, All light manufacturing or industrial uses which meet the performance standards prescribed by 130 18A, 1 through 7. Seconded by Ms. Cole and unanimously carried (4.0). i - ` r r bA'f8: ' B/6/85 CITY COUNCIL ASPOii $ORXAT w ~ TO: Mayor and Members of the City Council PROH: 0. Chris Hartung, City !tanager SUSJ8CT1 3-1752 RHCOXMZNDATIONt The planning and Zoning Commission recommended approval of 2-1752 at its meeting on July 10, 1985 by a vote of 4 to 0. i S U3tMARY s A petition by Wayne Allen Construction Co., Inc., requesting a change in zoning from the agricultural (A) to the light industrial W) classification on 1.59 acres located at the southwest corner of Highway 38ON and Hasch Branch Road. BACKGROUND s The property is located in a moderate intensity area which encourages mixed land uses, but discourages specialization, such as all commercial, PRQGRAHSj DBPARTHBNTS OR GROUPS APP8CT8D: Reply forms were malted to six (6) property owners within 200 feet. PIACA6 IMPACTS No impact on the general fund. Respect~fulil isubmitt d: 0. Chris Hartung City Manager Prepared by: Cecil$ Carson Urban Piannor Appro Jeff Hey1" Director bf Planning slid Corrl►unity Development 1132a a _~g1PM 1 tE f~ r } i e^y d~ i. ! ~F• yPt ri . ✓;Ln> 5r .r,~4 + Sv ~V5 i w 1 T C 1 t~~~ 'W PLANNING AND 'ZONING COMMISSYON RBPORT TO'CIft COUNCIL Tot Denton City Council Case No,: Z-1752. Meeting Data: August 6, 1985 GENERAL INFORMATION Applicant: Wayne Alien Construction co, Ino. P. 0. Box 13198 Denton, Texas 76203 Status of Applicant: Owner Requested Action: Change in zoning from the agricultural (A) clae4ifitation to the light industrial (Lt) classification Location and size: 1.59 acres located at the 8011thwent corner of Hwy 3804 and Masch Branch Road 8-grounding Land Use and zoning: North - Vacanti office South - Residentialt vacant East - Vacant West - Retail, industrial; vacant Denton Development Guide: The property is located in a irate intensity area. SPECIAL INFORMATION Transportation: Masch Branch Road is a collector street requiring 60 feet of right-of-way and perimeter street paving. Sidewalks must be built along Masch Branch Road. Mate[ and Sewer: An agreement. has been made with a developer to extend a l?' water and 10' sanitary sower line along highway 380 to approximately Masch Branch Road. If this developer does not extend these lines, the proposed lines may be extended by the Allan Construction Compaty with oflsits pro rata and appropriate oversize agreements. y 4 iti " l`l %P 1 r: i 4 : C " ;w s:XJ , y °`~,jyr°'4 } ~t...f 5 8 0,. Y i'`,.; r~ (F - ~ - ~ t .f:., (Cade .21752 } Page'Two $PECIAL WORMATION (Continued) Drainage: This property is located in the Dry Fork of Hickory Creek, and drainage across this property could be a serious problem, tf the zoning request is approved, the drainage problem will be studied during the platting process, Airport Regulations: The site is located in the horizontal zone of the Airport. The horizontal zone is defined;.in the Denton Municipal Airport Zoning Regulations (Ord. 01-1) as a horizontal surface 150 feet above the esthblished airport elevation of 640 feet above mean sea` level. The maximum building height on this ete jaa, not exceed an eleva- tion of 790 fee%. above mean sea level. Tha site is Iodated in the Composite Noise Rating (CNR) Zone x as defined by the FAA, The CNR is used to determine the extent and severity of noise impact, Generally, the noise levels generated will interfere with certain activities and some land uses are not recommended for these areas, including churches, snhools, and hospitals. ANALYSIS The property is located in a moderate intensity area, These areas encourage comaereial and related activities along the freeway and primacy arterials] however, these areas should develop in a manner to avoid creation of unsightly and inefficient strip type commercial areas. Moderate intensity areas also encourage diversity and a mixture of land uses and should not be specialized, such as all commer- cial, 'Phis area includes a mixture of land uses but is predomi- nately vacant and agricultural, RSCOMUNDATION The planning and zoning Commission recoamdods approval of 2-1752 by a vote of 4 to 00 ILI- t e)~~fi' a ~,',Y --77 77 n r . 7 ~C4ie'~-1782f POO Three AGURNATFV88 1, Approve petition 7, Deny petition ATPACHMSNTS 1. Location Hap 2, Reply Forms Totals 3. Property Owner List 4. Minutes of the Planning and zoning Commission meeting of July 10 085 09078 ~ ~~r ~~ti ~a ~ ' ~li~. 7;yti a L~ ° i r~I ,C " • ' Y r " 4° .1. `4~r ~ 1, - 'o ~ d` a ' 41 1 t + • 1 1 yy ¢ • • eon h R co rlllot A . y ~ ~ ~ I 'I r A+ C • ( • • m 0~00 S9,814. KRUM r ! X41 i t < - OP 454 to Do %I pot, qd l Ja011o'r Rd 49 99 Z. cli JJJ Q \ nA. • J • rte, : pv~ 7 ' . 1. , tit ~ • • ~ 1 1. F~ , 1 PAP F 1; ) • T) y •1. .~~.a. ` "i ►.«~;M C A+Iftal qri~ ~ ♦ A.....,«. "t' ~ I . L l \•t~ f ~j ~ 1rEhT~N + 1 I.' ,"~1 * M1J 1 .+yt~ . , Y +r, MUNICIPAL, t i ICI • •rY r~~~ .1 ' ` ~i..,~' tool Ic I IR•I ! ~,'S~~' Y , J v V ord1,Rd~rf y ♦+.1 l d~ a Rd 'A li~w / to C•mY • ' F 4 a, 1 R c*ar:ars ill.ar any r ML " h.QVIJJ It d. IqC7 i'u a N ~ ■ lids zr • v 1■ N l l w IS 40 S Am.-od its to ' ' .1 ,ll , 11 arc 1 • ~ r'►1"~ 1 ~ H F ~ ~ ~ . L' ~ r. r l r y •r Its +s ML 3K r 74 f~ 1 - • 1NORtHLAKE t / e 1 SeM i b 000 go Crawfoed Rd k to IT ok . r` 1 9 PROPERTY OWNER,REPLY FORM, CITY COUNCIL Z-1752 IN FAVOR IN OPPOSITION UNDECIDED None Received None Received r Y`~'~~ : 1 .f ~d ~ y ~:xr:~'~h 1 h. C ~r j~l ~ ~~'4.u ~ti;♦ Y r ~a~ r.rr r, ~`B r Q Q, kill &v ihm _ r f ~ let i .rrrir ~r+i.rr..r a U~ ! P 4 x Miaut s ju l0, 1995 Pago'S C. Z-1752. Petition of Wayne Allen Construction Company, Inc. requesting a change in zoning from the agricultural (A),to the light industrial (LI} classification. The property is located at the out west c,~rner of U. S. Highway 380 and Masch Brand 'Road and is approximately (UNAPPROVED) 1.S9 acres in size. The property is part of the S A. Huizar Survey, Abstract No. $14. If the change in~zoning is approved, the pro erty may be utilized for any find use My in the 1ig9t Industrial (LI) district by';the' City of Denton Zoning Ordinance. Six notices were mailed to property owners wlthf`,200-feet; one reply firm was received in favor, no reply fo:trs wore received in opposition, PETITIONER: Wayne Allen stated that. commercial and light Industrial uses exist all around his property and he feels his request is reasonable. IN FAVOR: None present. OPPOSED: None present. STAFF REPORT: Ms. Carson stated property is located in a` moderato intensity area which encourages diversity and a mixture of land uses but discourages strip commercial development. She said a mixture of land uses Axist in the area, that property is in an area under airport regu lations which control height limitations and uses affected by noise levels. She addressed infrastructure and advised that an agreement is being neggtiated with another.devel- oper to extend utilities from Highway 380 that 1f'thi6 agreement is not made then petit oner wilt be requitad.to extend 1211 wa.or and 10" sewer linos. If petitioner does not agree to connect the required utility lines Commission' may have a variance request before them on this property. A request for a variance on another property In this arr,q, has been received, She added that engineering department questions whether pro~}+erty is'developpable because of (food plain, that it isivalsdry fork of Hickory Creak. She con- tinue'-.hat because request does not violate any bevelop meat rside policies staff recommends approval, 14r,'Ell ison pointed out that if property is rezoned, there will be problems at platting stage. REBUTT.': None offered. Public hearing closed. DBCONi Mr6 Appleton moved to recomsetid approval of 7• . Seconded by Hs, Cole and unanimously centred (44), fA , v`~ 4$'. 7 ~'4 r+^ a~~ y ~ ~tiFir".~ 1,~. Ens + P ~ yj r ~7M'Iu74 ~ 11Aa F 1,_'C r ~e~1 Au .u ~y Ma ty I NO. tiY ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS Ar'3PTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF 1HE CITY OF DENTON, TEXAS BY ORDIrtANCE N0. 69-1,- AND AS SAID MAP APPLIES TO APPROXIMATELY 1.59 ACRES OF LAND SITUATED IN THE S. A.'HJIZAR SURVEY, ABSTRACT NO, 514 DENTON COUNTY, TEXAS AND LOCATED AT THE SOUTHWEST CORNER Op U. S. HIGHWAY 380 AND MASCH BRANCH ROAD; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION AND USE DESIGNATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE TO LIGHT INDUSTRIAL "LI" CLASSIFICATION AND USE - FOR SAID FROPERTY; PROVIDING FOR A MAXIMUM PEWA TY OF $1 000.00 iOR VIOLATIONS. THEREOF; PROVIDING FOR A SEVERABILITY CLAD. ; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HE.VEBY ORZAINS: SECTION I. That the Zoning Classification and Use desiggnktion applicable to all or part of the prope._y described belcw is hereby changed from Agricultural "A" District Classification and Use to Light Industrial 'LI" District Classification and Use under the Comprehensive Zooiag Ordinance of the City of Denton, Texas: All that certain lot, tract, or parcel of land, lying and being situated in the County of Denton, State of Taxes, and being a part of a certain 7.99 acre tract, more or less, as conveyed by deed dated November 4, 1948, from M.C. Sheppard and wife, Etta Sheppard to L.A. Simpson and wife, Ruby Simpson, as shown of record in Volume 347, Page 377 of the Deed Records of Denton County, Texas; the land herein described being out of the S. A. Huisar Survey, Abstract No. S14 and being more particularly descibed as followei BEGIN14ING at a concrete Right-of-way, aonumeht 60.00 feet South of and at right Angles to the centerline of Taxes State Highway No. 24 and being an inner all corner on the Southernly and Southwesternly Boundary Line of said Teas State Highway No. 24; said point of beginning being North, 88'50' Vest, 99.3 feet from the Northeast Corner of the past x,lentioned 7.99 acre tract; THENCE' South, 44°34' East, along the Southwesterly Boundary Line of Texas State Highway No. 24 143.7 feet to a 60 penny nail in the centerline of a North and South public road whose width is 60 feet and being in the East Boundary Line o~ the past mentioned 7.99 acre tract and being South 00°44' Easr 160' from the centerline of State Highway No. 24; THENCE South, 00°44' East, along the fast Boundary Line of the S.A. Huiser Survey, Abstract No. 514 same belag the last Boundary Line of the pant mentionod 7.99 Acre tract and along the centarline of public road, $0.00 foot to a 60 penny nail for the Southeast qornor of tract herein described; Z•1752/VAYNE ALUN CONSTRUCTION CO., ;#~-/PAG6 1 A `5 1N M~ i or yf` { ~~,i ?M a70 a 8`u d`~ S T:i~ ro 1. y . THENCE North, 88°46'50" Vest, and passing at 30 fast: 's steel pin in the Vest R-undary Line of the past mentioned North and South public roe, ee; continuing on said course a total distance of 491.83 f' c'o a steel pin for the Snuthwea4 .Corner of tract F.#rein describod and being in the West Boundary Line of past mentioned 7.99 acre tract; THENCE North, 01°40'30" West along the West Boundary Line of the above mentioned tract, 150.00 feet to a steel, pin for the Northwest Corner of said tract and being in the South Boundary Line of Texas State Highway No. 24 THENCE South 88°50' East, along the South Boundary Line of said Highway No. 24 and the North $ou»aary Line of the 7.00 acre tract, 396.7 feet to point of Jegint..`±, and containing 1.S9 acres of land. SECTION it. The Zoning Map of the City pP of Denton, Texas adopted the 14 day of Januarys 1969, as an Appendix to the Coe off Ordinances of the City of Denton, Texas under Ordinance No. 69.1, be, and the same is hereby amended to show such change in District Classification and Use. SECTION III. That the City Council of the City of Denton, Texas, hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the ggeneral welfare of the City of Denton 79xas, and with ressoneble consideration among other things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human ►ives, and encour5ging the most appropriate uses of land for the maximum benefit to the City o Denton, Texas, and its citizens. SECTION IV. Any person .rho 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 deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any such violations such person shall be punished within the limits above. SECTION V. That if any section, subsection, paragraph, sentence, clause, phrase or word in thii ordinance or application thereof to any person or circumstance is held Invalid by any court of ccepatent j urisdictioa, such holding shall not affect the validity o the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby doeleres it wou~d have enacted such remaining portions despite any such invalidity. 8.1732/WAYNX ALLEN CONSTRUCTION W.0 INC./P"t 2 f~ r n . v 4 S wi 2 a ~ a P 1 . rr a SECTION VI. That this ordinance shall become 'affective fourteen (14) days from the date of its passage, and the City Secretary to hereby directed to cause the caption of this ordinance to be published twice in the Denton Recotd-Chronicle, the official newspaper of the City of Denton, Texas, vithin'ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1985. RICHARD 0. 5TEWART, KAYOR CITY OF DENTON, TEXAS ATTEST: SECRETARY CITY OF DENTON; TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: Z•1752/WAVOE ALLEN CONSTRUCTION CO., INC./PAOL 3 If- ? k. ..s K h! tS A 4 n:K y$ .r•u T.~y LX b` ••sY~sd4 +.,~N e :'r, . rt s. s ,el F 1: r . n a.a :yq Apr t t F c1r .j* ~p s s ya Y '7.a Y~ 6 t . 9 P :a Y S F4 t DATE: CITY COURdIL REPORT PORMAT TO: Mayor and Members of the City Council PROM: G. Chris Hartung, City Manager SUSJBCTs Z-1753 RBCOMMSNDATION: The Planrin-1 and Zoning Commission recormended approval of 8-175! by a vote of 4 to 0 at its meeting of July 19, 1985. SUMMARY The petition of kammett and Nash, Inc., representing Lodge Construction Co., requesting a change in zoning from agricultural (A) to the single family (SP-16) olassification. i3ACKGROUNps The property is located south of Porrestridge Addition, Phase II and north of Ryan Road and contains 23.09 acres. The proposed single family with 16,000 square foot lots is compatible with existing zoning and lend uses in the area. PROGRAMS, DBPAR'PMBMfS OR GROUPS AFFECTED: Reply forms were mailed to four (4) property owners within 200 feet. i FISCAL IMPACTS No impact on general fund. Respec tgql W X $mi 0. Chris Lartung City Manager Preparcl by: Lk GA0i.v Cecile Carson Urban Planner Approv s Jeff Moyer Director of Planning and°Community Development 1133a b 'f, V V~,l yfrl` rty v°'•- 4 II J4 4 Y q PLANNING AND ZONING COMMISSION RCOOAT TO CITY COjNCIL To: Denton City Council Cd6e No.: Z-1753 Meeting Date: August 6, 1985 GENERAL INFORMATION Applicant: Hammett and Nash, Inc. 223 West Hickory Denton, Texas 76201 Status of Applicant: Engineer Requested Action: Change in zoning from the agricultural (A) to the single family (SF-16) classification Location and Size: 23.09 acres located south of Fotrestridge Addition, Phase II, and nurth of Ryan Road Surrounding Land Use and Zoning: North - Residentialt SF-16 South - Vacant: Agricultural Last - Hesidentialr SF-16 West - Vacanti Agricultural Intensity Analysis, Low intensity area. SPECIAL INFORMATION Transportation: Forrest.ridge Drive is a cullect.or stroot r>Iuiring 60 feet f rirrh - ui-way. Slde*.a;t=f +wl, rtCt on the west gioe of kuttest.ridge. Drainage: Detention is strongly suggested due to existing drainage problems in Montecito. Water and Sewer: A 6" water line ties to a 10" water line on E1 Paseo Drive to the east and should provide sufficient: capacity for a single family development, A 10" sanitary sewer line approximate3y 1000' to the east ties to the Montecito del Sur Lift Station which is adequate for this development, f r g", (Casa Z-115)} Page Two SPECIAL INFORMATION (continued) i Other Utilities: The Electric Division requests a 16 foot easement along ,he east and west ~ side of this tract for the •xtension of existing overhead lines. 'telephone sets°e is available and an 8 foot communication easement is recommended at the rear of all lots. i ANALYSIS This property is located in a low intensity area. TGse`areas represent our jrimary housing areas. The proposed single family tl:,asing on 16,000 square foot lots is compatible w€lh,the single %44iif (SP-16) zoning and Land use north and east of this site, t'trfs a;.Ring would be an extension of Forrestridge Addition. ~ReCOMMENDATION t d't~e Planning and Zoning Commission recommend. approval of Z-1753 'y pvote of 4 to 0. n4'i'6i(NAT I VES 1, Approve petition 2. Deny petition ATTACHMENTS f 1. Location Map 2. Reply Form Totals 3. Property Owner 4. Minutes of Planning and Zoning Commission meeting of July 10, 1985 1089a f .~.t~ t ~ , , i I 1 P0.1%3 r PD- 66 F. 16 s _ EL PASf:d t i 141 oil 4m::: t SF- 13 Z r 1783 IL 5 -144 RYAN R0~ PO-22 r i r i 1 ~~a~ °e.l A.{'~~ ~s i, ~F1,,,~ ~4 ,k. T ul;S' ~3~ K l~~d,l~ r rt t y" i, ~ .I PROPERTY, OWNER 11 #tEPLY FORMS CITY :COUNdL Z-1753 IN FAVOR IN OPPOSITION UNDECIDA { None Received None Received i x ~ kA I r'"7 C4 /4 ;0 z/A 4- 0, / ~I 9 : !IirtJ~nJ /AW r k j{. ,dJ.. ` ,+y x{:iy~ 1.i• ~'r}Q e ` -~t +1 Sw `r 3 a ~i. 1 4T i k~r b r * .:.a r 'Jdly 40, 11185 Page 6 . D, Z-1753, Petition of, Hammett 6 Nash, Inc., representing o e Construction ,'requesting a change in zoning from the (UNAPPAOVED) agricultural (A) to the single family (SF-16) classifica- tion. The property is located south of Forrestridge Addition, Phase II, and north of Ryan !toad and is I proxi- mately 23.09 acres in size. The property is shown n the A. Gibson Survey, Abstract No. 498. If the zoning change is a~'proved, the property may be utilized for auK land use perm tted in the single family (8F-16) district by the City of Denton Zoning Ordinance, Four notices were mailed to property owners within 200 feet; no reply forms were received in favor or in opposi- tion. . PETITIONER:' Rahu Mosadd-ih stated they are planning a continuation of lots already developed. IN FAVOR: None present. OPPOSED: None present. STAFF RL:ORT: Ms. Carson stated property is located in a ow intensity area which areas are the primary housing areas of the city. She said that drainage is a concern and detention is strongly suggested due to existing drain- age problems in Montecito. She added that Forrestridge is a collector street requiring 60 feet of right-of-way. Request is compatible with existing housing and staff recommends approval. REBUTTAL: None offered. Public hearing closed. DECISION: Ms. Cole moved to recommend approval of Z-1753. Seconded by Mr. Juren and unanimously carried (4-0). 2 R. ~'.Au A y r.' N 5:' t 11•i..f. ro 1 .a..i Y. 1•:1 ",d y p..L 1., 5 ,~D .y F 4~,. 1': 11b1L NO. AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAKE WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF PENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO A?PROXIMATELY 23.09 ACRES Olt LAND SITUATED IN THE A. GIBSON SURVE., ABSTRACT NO. 4980 DENTON COUNTY, TEXAS AND LOCATED SOUTH OF FORREST91DGE ADDITION PHASE It AND NORTH OF RYAN ROAD* TO PROVIDE FOR A CHANGE IN ZONING CLASSIRCATION AND USE DESIGNAbON FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE TO SINGLE FAMILY "SF-16" CLASSIFICATION AND USE FOR SAID PROPERTY;' PROVIDING FOR A lNXIMUM PENALTY OF ;1,000.00 FOR VIOLATIONS THEREOF; PROVIDINC3 FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Zoning Classification and Use designation applicable to all or part of the property described below is hereby changed from Aggricultural A District Classification and Uee to Single Family "SF-16" District Classification and Use under the Comprehensive Zoning Ordinance of the City of Denton, Texas: All that certain tract or parcel of land that id situated in the A. Gibson Survey, Abstract No. 498, Denton County, Texas being a portion of a certain (called) 116,034 acre tract deeded by John Naeckle to Fort Worth Savings 6 Loan Association on the 14th day of February, 1973 and recorded in Volume 660, Page 132 Deed Records of Denton County, Texas, and being more fully described as follows, BEGINNING at the Southwest corner of Forreatridge Addition Phase 11; T:IENCE South 85°24'00" East a distance of 1115.30 feet to an iron pin in the west right-of-way of Forreatridge Drive; THENCE South 04°33'00" East a distance of 6.90 feet to an iron pin in the Beat right-of-way of said Forrestridge Drive; THZJCE Last a distance of 230.20 feet to in iron pin also being the southeast corner of the Forreatridge Addition Phase 12; THENCE South 00°30'20" Wvjt a distance of 800.00 feet to an iron pin; THENCE North 89°29'40" Vest a distance of 220.49 feet to an iron pin; THENCE North 00°31'09" Vest a distance of 61.88 feet to an iron pin; THENCE North 83°24'00" West a distance cf 1122.23 feet to an iron pin; THENCE North 00°12'20" East a distance of 742.18 feet to the point- of-beginning and containing 23.1171 terse of land. SECTION II. The Zoning Map of the City, of ionton, Texas, adopted the 14th day of January, 19690 as an Appendix to the Code of Ordinances of the City of Denton, Texas under Ordinance No. 69.10 be, and the rase is hereby asended.to show such change in District Ciassification aid Use. Z-1753/HAMMETT i NASH, INC./PAGE i 0 M nyY l .b'P Si4 Yn'~yJ( ^ ~r ~ d5°1 r b y t',~1 r~ v k r ' SECTION M. That the City Council of the City of Denton, Texas, hereby finds that such change is in accordance with a comprehensive 'plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable eonsideration, among other things for the character of the district and for its peculiar `suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and - encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. SECTION IV. Any person who shalt violate a provision of this ordinance, or fails to eosply therewith or with any of the requirements thereof, or of a perait or certificate issued thereunder, shall be guilt of a misdemeanor punishable by a fine not exceeding' One Thousand Dollars (;1,000.00). Each such person shall be deemed guilty•of a serrate offense for each and every 'day or portion' thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any such violations such person shall be punished within the limits above SECTION V. That if any section, subsection, par& raph, sentence, clause, phrase or word in this ordinance, or application thereof to any arson or circumstance is held Lavalid b any court of competent 3urisdiction, such holding shall not affect the vcliditq of thn remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declare@ it would have enacted such remaining portions despite any such invalidity. SECTION VI. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Dentin Record-Chrortele, the official newspaper of the City of Denton, Texas, within tan (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1985. RICHARD 0. STEWAT-17M CITY OF DENTON, TEXAS ATTEST: CITY OF DENTON, TEXAS APPROVED AS TO LEGAL, FORMt DEBRA ADAMI DRAY0;►ITCHO CITY ATTORNEY CrtY Of DENTON, 1'"A9 Sr L Z-1753/HAMFTT It HASH, INC./PACE 2 ti r rKly ,~i x1 ~ r r isS`s ~y Zf y, ~ 4.s'u,r kr.~r yR ,t JA' t. t y' n +°t ~ w; k . a,, cpyri Jr 1rJ ~'P ~✓Y ~ ~ NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF HATFR,IALS, EQUIPMENT, SUP°1,IES OR SERVICES; PZOVIDI40 FOR THE EXPENDITME, OF FUNOS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and Labulated competitive bids for the purchase of necessary materiels, aqquipapnt supplies or servicec in accordance with the pMcedures of state law and City ordinances; and WNEREf3, the City Manager or a designated employee` has reviewed and retommendad that the herein described bids are the lowest responsible bide for the materials, equipment, supplies or services se shown in the "Hid Proposals" submitted therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, suppliesor services approved and accepted heroin; and WHEREAS Section 2.36 (f) of the Cods of Oicdinancea requires that the At.r Cou,,,iil approve all expenditures of more than $3,000, and , WHEREAS, Section 11.09 of the City Charter requires that every act of the Council providing for the expenditure of funds or for the contracting of indebtedness shall be by ordinance; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: That the numbered items in the following numbered bide for Proposals" attachedt ,arato,iare `hereby accepted nand iapproved 'Bas being the lowest rasponA014 bids for such iteag: BID, NUMBER ITEM N,O# VENDOR M UNT 9493 All A"ow_ In ruslrIts $-q1,06A 00 9486 6 Ali___ _ _Wallaes A Tfernan # tA+hRA.~AA.~.... g % PAGE 1 i~ YC~,f 5~~~<~:SP'~"l PX~~~1 ~ am":~~~•~'*.1 d `Y is.. i ~„ft ° ac ♦Ar _t:! ~,Y"4 .r q Fi I a ."`y"a SECTION II. That b the acceptance and approval of the above numbered Items of the submitted bids, the City accepts the offer of the p:nsons submitting the bids for such items and agrees to purchase than materials, squipairmt, supplies or services in accordance with the terms, specifications, standards. quantities and for tho specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION III. That should, the City and persons submitting approved and accepted items and of "he submitted bids wish to enter, into a fora, written agreemen~ as a result of the acceptance; Approval, and a~-,irding of the bids, tho City Managsr or his designated representative is hn!aby authorized to execute the written contract which shall be atta...ad hereto; provided that the trritten`r:ontract is in accordance 'with the torma$ conditions, spooifidatiOno$ standarde, gaantities and specified sums contained in the Bid proposal and related bid documents heroin approved and accepted. J SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids the City Council herby authorizes the expenditure of funds therofot is the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorised heroin. LECTION V, 9 That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this R day of , 1985. ~ RICHARD Ot b-KLwAKTj MAYOR' CITY OF DENTON, TEXAS ATTEST., ML' TTE"XLM, CITY SECRETM CITY or mm. rats APPROVED AS TO LEGAL FOr.Hi DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY Or DENTON# TEXAS BYs PAU 2 71 41 -rv DATE: August 6, 1985 i CITY COUNCIL-REPORT TO., Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBJECT: BID 19483 REFUSE BAGS RECOMMENDATION: We recommend this bid be awarded to the lowest bidder of Arrow Industries, Carrollton Texas, in the amount of $2.09 per roll of 52 bags. SUNiARY: This bid is for the annual supply of 30 gallon refuse bags for use in the residential refuse collection program. Thq City staff has visited the Arrow Industries plant and fell comfortaLie with Arrow Industries' ability and committment to supply the City of Denton with a quality product. They currently supply Plano, Richardson, Mesquite, Carrollton and numerous others. BACKGROUND: Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Solid waste Refuse Collection FISCAL IMPACT: These bags are warehouse stock and funded from 1984-85 Working Capital Funds Account 00'10.004-0598-8703 Respectfully submitted: C. Chrii kung City Manager f Prepared by: a~ me Tom 0. Shrw, C.P.M. Title: Assistant Purchasing Agent Approvad: ' uo J. arlhs~ll, .M. Title: Purc xin fit sin' 1 .,9483 ~ _ . BID TITLP E BAGS _ SUNBELT ADAMS ARROW POLY ~pEN~o-- X985 Z P m. PLASTIC INDUSTRIES INDUSTRIES AHERICAN ACCOUNT / kT-Y'- --'I EM DEC-gIPT10N _ VF,NW VENDOR EN R VENDOR VENDOR VENDOR VENDOR I 44M Refuse Bas _ 4.044 2.46 2.09 2.32 Delivery 21 Days 14 DAys 10-20 Days 21 Days. i L ° n x°" t ~4 h a s N, ..a+ a 1 1 ~:;r DATE: August 6,`1985 o Ly COUMCILc REPORT TO: Kayor and Members of the City Council FROM: G. Chris 3artung, City Manager SUBJECT: BID /9486 CATHODIC PROTECTION SYSTEM REC0!!&jQATIOK: We recommend this bid be awarded to Wallace b Tiernan the only bidder for the total amount of $10,680.00. I Smog This bid was sent out, 'properly advertised on our Bid #9477 and to be received June 25, 1985. We received tnly one no bid. We revised and sent this bid out and received only one bid from Wallace A Tiernan. We als,. have bid this in prior years and have never received any bid proposals from anyone except Wallace & Tiernan. BACKGROUND: Tabulation Sheet PROGRAMS._DEPARTPFATS OR GROUPS AFFECTED: This is for the protection of a one million gallon ground storage tank at the Water Production plant. FISCAL IMPACT: There is no impact cn the General Fund. Respectfully submit ed: G.`Chris artung City Manager Prepared by: ame: ohn . rsha 11 Title: urcha in Agent Approved; atie: John rsha Title: urcha ing Agent SID ~.~------986 BW TITLE OFENED WALLACE & `_~lY I0. 1985 2 p,m~ TIERNAN ACCOUNT I MY'- ES IPTIQ~(_ VFNIKIR _ FN R.__ VENDOR_ FVOI~DO_ VTDOR_ VEND OR ~ One 14111 on Ga T Ton Tank _ Cathodi c Proiecon S tem - De T 1 ver 60 Da s ARO t. .r` 7. 777777 Pint 'tea s o qF s": ~..7 <r. i rc•. r d r . NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVENENT$i PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR: AND PROVIDING FGR AN EFFECTIVE DATE. VHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improve- ments in accordance with the procedures of state law and City ordinenes; and recei4 vedEand re ommo CLt dyed Manager the herein edosccibad bids are he lowest responsible bids for the construction of the 'public works or improvements described in the bid invitation, hid proposals aad plane and specifications therefore; and WHEREAS Section 2.36 (f) of the Code of Ordinances requires that the Cfity Council approve all expenditures of morn than $3,000; end WHEREAS$ Suction 2.09 of the City Charter requires that every act of the Council providing for ti.L expenditure of funds or for the contracting of indebtedness shall "%a by ordinance; N009 THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY MAINS: SECT~ION_ I.- That the following competitive bids for the construction of public works or improvements, as described in the "Sid Invita- tionsil "Bid Proposals" or plane and specifications ittachad hereto are hereby accepted and approved as bein& the lowest responsible bi.dss BID NNUUMBER, CONTRACTOR AMOUNT 9391 Ofekerson Construction Co. $20,526.32 Change or rl SECTION Its That the acceptance and approval of the above eompetititva bide shall' not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with 111 requirements specified in the Notice to Bidders including the'tidely execution of a written,contract and furniihin of performance ahd payment bonds, after notification of the Awari of th•a bid. PAGE 1 } i IF SECTION IIi. That the City Manager is hereby authorsied to excecuts all necessary written oontracts for the performancs of the construction of the public works or Improvements in accordance with the bids accepted and spproved herein, provided that such contracts are made, in accordance with the notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plane and specifications, standards, quantitites and specified sums contained therein. SECTION IVY That upon acceptance ari approval' of the above competitive bid's and the execution of contracts for the public works and improvements as authorized hsrein,' the City Council hereby authorizes the sxpenditurr; of funds in the aanabr and Lr,- S.w amount a. specified in au,':h approved bids and authorized contracts executr.d pursuant thereto. SECTION V. That this ordinance stall become affecti.v% immediately upon its passage and approval. PASSED AND APPROVED this the 6 day of _ Au9u, ate 1985. RICWD 0. CITY OF DENTONO TEXAS ATTEST: uHARLUTTE XLT.W9 CITY 9ECRE xRY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAM DRAYOVITCH, CITY ATTORNEY CITY OF DEN1'ON, TEXAS BY: PAGE 2 i i I a ,rl, r q r C 'q x tp ~Aa ar ti 1 ,f ar`n ~Fn i' ql. i '1 c'+o- ~Si t' u R TINTM 77 7v DATE: August 6,`1985 CITY COupitk REPORT TO: Mayor and Members of the City Council FROM: G. Chris Hartung, City Manager SUBuECT: BID #9391 LOOP 288 WATERLINE CONTRACT Change Order #1 RECOM EMDATION: We recommend this change order to add installation of two 12" water lines across Loop 288 and recommended by the Public Utility Board be approved in the amount of $20,526.32. SUMMARY: This item was not included in the original bid; but in conjunction with that bid, Change Order 01 is presented. The change Order is for the installation of two 12" water lines across Loop 288 to serve water to Morse and Karina Streets and existing and proposed industrial park development there. BACKGROUND: Backup Material from R.E. Nelson, Utility Director PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: FISCAL IMPACT: Thereis no additonal fiscal impact on the General Fund. Respectfully submitted: ly M Chris Hartung City Manager r Prepared by,, Rama: opj'N rsh6ll ~P M. Title: n g`Agent Approved: Name: rshall, .P.M. Title: 'l~__ urcgsino A-wa +ei~ ,nr y" „T' e~'Y. MITE F aV"f$~ Y~i T^n'i`77VT ` qy C ,r. a'nF r( I! v li'yY y- n S 2' V ;i1 y t t✓e Yx. 4 it ] »~jnfY'. 4 ? v . August 6 198. CITY COUNCIL, AGRNDA ITEM T0: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM G. Chris HFrtung, City Manager SUBJECT: Consider Change Order #1, Bid 19391 LOOP 288 WATER LINE to Dickerson Construction Company in the Amount of $20,526.32. RECOMAENDATION The Public Utilities Board, at their meeting of July 175 1985, and the City Engineer have recommended approval of change order 01 in the amount of $20,526.32, SUMMARY This change order is to instsll two 12" water lines across Loop 288 to gorse and Karina Street to provide 3000 CPM fire flow to the existing and proposed Industrial Park developments in that area, BACKGROUND The City Council awarded this contract to the lowest bidder-Dickerson Construction Company. This project has already begun and the construction is about 2S1 complete. These`items in this change order were not included In the bid as the staff was still working with the developer, Mr, Frank Martino, representing Golden Triangle Industrial Park- at that time. The staff proposes this change, order now to extend appr5ximately 666 LP of 12" waterline and fittings (excluding two bores across Loop 288, which are Said for by Developer) to the east side of Loop 2880 The developer wili extend/tie-in these lines on Morse Street and Karina Street at his own expense, This change order will install adequate fire flow facility to the areas on the east side of Loop 2880 which have commercial and industrial developments. DEP~rART{ENTS OR GROUPS AFFECTSI)i Denton Municipal Utilities, City. Engineer, citizens, Contractors, and developers 3803U:1 3r`rFr 4y"'~,7if q~~}~~c 'raa"h;'#7F''rr: r~ 9 45 c M1` y fi L e 4`s r k . .ly r 'cS' ~.1 'FISCAL 'fMPACT Original Contract aid #9391 Loop 289 Waterline $435,215 Spencer Rd Waterline $61,W Total $4970058 Revised Contract Bid CU 01 1.00 288 Waterline $435,215.00 CJc~ N1 20 526.32 Sub-total $4550741.32 S:,9ncer Rd Waterline $619843.00 Total $S17o 584.32 budgeted PY 8S CIP $7S90500.00 Increase in contract completion time: 15 working days '1 s Source of Funds: 623-008-0461.913E {Loop 288 WQ 623-008-0451-9114 (Spencer NL) Water bond funds jo t 4 4 Prepared by; Respectfuity su mitts , Srini Sundaramoorthy G. Chris Hartung Civil Engineer City Manager Approved, R. E. Nelson Director of Utilities a EXHIBIT I City's cost II CO I1 III Minutes PUB Meeting of 7/171g_' IV Ordinpwce 3803U:2 F-TvwAls PAOiEO~: ocv t WUOLIM Fr E5 c A Is•w ,s rs•W IL CONTRACT: 610 93011 r.o I s71lw OWNER: c I r r • op- o6AITON CONTRACTOR: alclansom comsmwrlom co., CELINA& 71rx f .S CHANGE ORDER: ♦ 1 'DATE: JULY 3, of" CHAWAR oil ADD THE POLLOiUIUa 665•Y 6R /2" W-L 4CP / 14,t. Li IZ,oOI,.Iz 4--IZ" VALVE rD 7so N 6A 3160, 00 4-11 + /'R+f/G CP ZIZ w 130.00 Z - I Z ' X 11' " X 2 " T6F L7{ . 1700 OD 3.1101 X lZ M YIL M 79 a 772 Po 671 • i Z,3l1. so VAWP C1r 491 o+ 4Tt•tlO PREVIOUS CONTRACT AMOUNT: TOTAL `D z zo,su.31 s ~770SS.oo NET (INCRIAW 0904") IN CONTRACT 'AMOUNT: if zo, s26. Est REVISED CONTRACT AMOUNT: s' 511139*- 32 REVISED CONTRACT TIME Of OOMPLITION: I6s WORKIAM DAYS ("I 5 WOAKIWf. Ml YS )AMRE'&) ArROVIzD BY: !?:..~J 01Y N INtEM Assy. 01R..OF U11L~ITIEB 0111, OF WILMLtS ~ , AfKOVtO MY: CONTRA010A MO M SE STrz r 411ANU oaOLA!I1 665.q cc le" IJ 1 !8-°~ a le,ooi L2 c•o Nl +-I0, V•lvt 0 wot1 V if 1,140.00 3S1 LF +L'~ W,L- 4-11" FLKJ LQ 2110 940•ot> I t 11" ' xiL x! rtE 2.12"alt"14" T'i1'6p 250 tt7oo-00 rLUy :S It"r~yiil~6" 1EtP yrzfe a( 9,'!17.50 ! - 11 a 114 x tL rti r• Yefve Ca~7s~ r ~7s.or.c.o~1 „ 7o?AL t;•0'* 2o, 526. 3z I- It's VolvG• I ~ a bf N 3 1s a K/1R11V1) STrLLCT f ~ j1~ q ar 1s" W-L I 2-12'A)t"alt"T66 " It N 2 . it" PL U14 ~ ~ 1✓ I - IxN V~Ivt , COO 1 I 1.11't+.l.e R . H %A A/ G f D';OI~k Af 1: 5.rr C UNIT PAICEt !-'ROM 4101 eolAI +ZM1fWc ti q i h B, ti r 3 r W Y 7' x Z r ~ _x:4 r ~ `yZ ~ t 1 tpv k rfi k e .y . r' 1} 'y v. •,',i .r t' r ,.y CITY O1O NTON, TEXAS MUNICIPAL 8UI6I:0ING / DENTON, TEXAS 76201 J TELEPHONE (817) 566.WO, MHAORANDUA TO JOHN MARSHALL, PURCHASING AGENT PROM: R. E. Nelson, Director of Utilities DATE: July low, 1985 RE: City Council Meeting of August 6, 198S 6.0...40...... r........ •-r.......rr. ►r.. The following items were aroved by the Public Utilities Board at their meeting of July 17, 1ppS: 1. Consider (.nanga Order 01, Bid 093S4, 8 M ~D Pumping Unit and Motor Controller at the Raw Wit?. Pump Station. 2. Consider Change Order 01, Bid 09391, Loop 288 Water Line to Dickerson Construction Company in the Amount of $20,526.32. Ve are attaching summary information and Minutes of the subject Board meeting. Please submit same for the above-referenced City Council meeting. e song'-" Director of Utilities `t1 glaa cc s file e 'li Attachments JUL 2 2 19$5 3794Us12 ~uk~asl air°N r>fpr; r . ~r ~4 'tM ; h✓ Y $ J j:q6 ~ ~ 1 1 ,'*;kJ r9` e.j i ~ ,~tJrw r J x~i e { pug ~ K! .;y e s 93 f*yl f.ea ty kt~ t e ,1, ~ r^. iis. 'r 61 ,i, , r. t v V ai. N 'wr RL! l 'u :l r r NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS EQUIPMENT SUPPLIES OR SERVICES IN~ACC04 DANCE WITH THE PROVISIONS AF STAVE LAW EXEMPTING ,SUCA`PURCAASES FROM REQUIREMENTS OF COMPETITIVE BIDS= AND PROVIDING rO AN EFFECTIVE DATE. WHEREAS, state law requires that certain contracts requiringg an expenditure or p,Yment by the City in an amount exceading $5,000 be by competitive bids, except in the ease of public` calamity where-it boeomee ggcessary to act at once to Appropriate. money to relieve the necessity of the citizens, or to preserve the roperty of the cit or it is necessary to protect the P'bbl h pp Y, Y is aalth of the . citizens of the city, or in ease of unforeseen damage to public ProPertYl machinery or equipment-, and WHEREAS Section 2.36 (f) of the Code of Ordinances requires that the dity Council approve all expenditures of more than $30000$ and WHEREAS, Section 2.09 of the City Charger requires that evory act of the council providing for the ex enditure of funds or for the contracting of indebtedness shall be by ordinance; NOW, THEREFORE, THE COUNCIL OF THE CITY OF Vr-NTON HEREBY ORDAINS: SECTION I. That the City Council hereby determines that there is a public calamity that makes it necessary to act At once to appropriate money to relieve the necessity of the citizens, or to preserve the pro arty of the city, or to protact the 'public health of the citizens of the oily, ov to provide for unforseen damage to public property, machinery or equipment, and by reason thereof, the following *war *nay purchases of materials -iquiplent, supplies,or services, as described in that "Purchase cif firs' attached hereto, are hereby approved: PURCHASE ORDEi NUMBER VENDOR AMOUNT 64130 MARTEN EDUIPRENT S 6.D0A.D0 69305 HENNINASON Di:MI 6 RICHARDSON _ 111.000.00 6935 _ ,~OYD EXCAYATION _552.250.00 F PACE 1 e y A, ye f, :.4 TT ~',2~rEs @~yi rY j;y Y r -9 y b9ae_ .t'~ r 7 yy f? a! Y r 4 P F SECTION Its That because of such emergency, the CitiF Manager or designated employee is hereby authorized to purchase the materials, aquapment, supplies or services as described in the attached Purchase orders and to make payment therefore in 'the amounts therein stated, such emergency purchases being in accordance with the provisions of state law exeepting such purchases by the City free'tho require- ments of competitive bids. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of r.UMAX,_,~„_, 1985. CITY OF DENTON, TMAS ATTEST: CHARLOTTE ALLENo GUY SECRETARY CITY OF DENTONj TEXAS t APPROVED AS TO LEGAL FORH: DEBRA ADAMI DRAYOVITCHl CITY ATTORNEY CITY OF DENTON, TEXAS BY: f PACE 1 h sHY .l's DAtt: August" 6, 09$5 CIll COllNCI'L REPORT TO Mayor and Members of the City Council FROM: G. Chris Ha+•tung, City Manager SUBJECT: PURCHASE ORDER 069335 BOYD EXCAVATION RECOM4ENDATION: We recommend this purchase order 069335 in the amount of $42,250,00 be approved. SUMMARY: This purchase order is for the continuation of the dirt work and excavation at the landfill. HOR Techserv Inc., our landfill consultant, has visited the landfill sight and insisted we proceed with the use of outside contractor equipment, The use of these throe self loading scrapers at 565.00 per hour is the best posy-ble means of attempting to keep the excavation ahead of the volume of incoming refuse. BACKGROUND: Purchase Order 069335 PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Solid Waste Landfill Operation FISCAL IMPACT: Solid Waste Landfill Development Bond Fund Account 0631-002.0803-8502 Respectfully submitted: r{s7artung City Manailer I Prepared by: ame: Tom D. Shaw, C.P.14, Title: Assistant Purchasing Agent Approved: Tame: ohn~ shr11,. 71 tle: reh ing Agent ...1 , ' std ~ 941 TO A D T4N, 14 01 ' STR~tt1' t r e " ' P. O.'NUMSER ' DATEm Dr1R NO. DOCUMENT 'fYF 693s'~ 07~ lS/a5 SOLO WASTE , iaOY$7001 VENDOR SHIP TO:` SOYD,t3XCAVATION 3800 PORT MORT4 DRIVE beNtdN. TX TdiOl. CONFIRMATION IT ACCOUNT NUMBER UNITS NUMBER DESCRIPTION AID NO. LINE AMOUN 01 631 002 0803'.8509 680 SCRAPER RENTAS-LANDFILL OPER• 429250.0( t TheCkyof Venton, Texas is taxex:mpl• House Bill No, 20, TOTAL FOR P0* _49o950adt Reference P, O, Number mall B /L, Shipments and Iwolces. Shipments are F. 0, 8, City of Denton, or as Indicated. By Send Ind' icea 701 Direct Inquiries TG: City of Denton, 4ccounts Payable John J. Marshall, C. P, M. Purchasing Agent 215 e, McKinney St., Denton, TX 76201 Yom 0, Shaw, C, P, M, Asst,' Purchasing A$int (or as tndltlted,on P:lrchate Order) 811/566-8311 O/F'W Metrd 261.0042 the el4ty df Denton is an equal opportunity employer ..yy f,7 q F fir. a P n Y J ^ J 4 IYe .4" err VA t Ski "e 9'1 'lk ra ,.fir y,~., ✓1.R' i"= ° r.,:, a y 01 I+ r,' S,. ,1 DATE: 'AUgUst 61985 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Ga Chris Hartung, City Manager f+ SUBJECT: PURCHASE ORDER !69305 HENNINGSON DURHAii & RICHARDSON RECOMWNDATION: we recommend this purchase order in the amount of $11,000.00 be approved. HDR is the landfill engineerir,,g"and consultant fiam that has done the work on our new landfill up to this point, SUMMARY: This order is for HDR staff to visit tha landfill site three times per week for two weeks and then twice per month for three months, They will assist in the scraper excavation of the landfill area and supervise the segregation of refuse, application of over material, and preparation of the landfill cells, SACKGROUND: Purchase Order 169305 Memo from Charles Watkins PROGRAMS. DEPARTMFATS OR GROUPS 1 FECTED: Solid Waste Landfill Operations FISCAL INTACT: Solid Waste Landfill DPVelopment Bond Funds Acct 1631.002-0803-850z Respectfully submitted: Chris Hartung City Manager Prepared by., name: Tom p,'Shawo C.P.M. Titles Assistant Purchasing Agent Approved: t~ t1h a F ame: Joh shall, C aM, Title: Purchasing hgent 2'r q J "5 ti l .~I L R \ iK yy, 901.9 TEXAS OkET I AA$ OAUR flENTI~I~, Tk 7b i "c 0, 0. IIt16lBER ' DATB/VgNOOR NO. DOCUMENT . TYa 69300 07/22/85 36LYb PASTE S 'Tcw H8N48800 VENDOR SHIP T0: HENNINGSON*OURHAMG RICHARDSON 127000 H14,LCREST SUITE 125 DALLAS* Yk 75230 ITEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION BID NO. LINE AMOUN' 01 631 002 01803-8502 1 ENGINEERING SERVICES, AT THE, 119000.6 Otf 02 631 002 0803 8502 LANDFILL The City of Denton, Texas Is tax exempt • House Bill No. 20. rob Reference P, 0, Number on all B /L, Shipments and Invottes. Shipments are P.O. B. City of Denton, or as Indicated, By Send Invoices lo.- Diroet Inquiries T0: City of Denton, Accounts Payable . John J. Marsha!!, C. P. M,' Purchasing Agent 215 E, McXlnney St. Denton, TX 76201 Tom D. Show, C. P, M. Asst; Purchasing" Agent for as lmleated 4Fl Porch'A'4 Order? W/SW8311 D)FW Metro 267-'0042 The City of Denton Is an tqual opmrtunily employet r P r,f f'£'f'i~i qP tom ~t n ?~r ° ~r fC I T^ 4 P Nl i` rn~ ,p ,w x i {r icNi fi r ,"~ruC~j f . t CITY OF DENTON MV1OPMDUM TOi Toe Shaw, Assistant Purchasing Agent FROMi Charles Watkins, Operations Analyst DATEi July lot 1985 SUHJEM Emergency P. 0, for Landfill Consultation Services The Solid Waste Division is in need of an emergency purchase order for $11,000.00 to pay for the services of HU Techserv, Inc., our landfill consultant. The reason for the emergency P. 0, is because of the shortage of personnel at the landfill who are familiar with construction of landfill liner and fill area. Due to the volume of refuse the currently certified fill area wii be full within approximately 2 weeks therefore it is critical that the new fill area be constructed and certified immediately in accordance with Texas Department of Health requirements. Ch a ins CW/cg 1 f~' k ~ d W:,'71,.l t Iflfk ,(i~ n a,1 11 ✓1.1i 11 ~i^ hi2j'h 1 .1a,~ r~l, ki1e. ID- 11> +,9,is r rd x a! if M+ rd E.' 1 l 'S ).c "r P~~T' b ` August 6, 1986 CITY COUN91L REPORT TO Mayor and Members of the City Council FROM:. G. Chris Hartung, City Manager SUBJECT: PURCHASE ORDER #69130 MARTIN EQUIPMENT RECOMMENDATION: We recommend this purchase order to Martin Equipment in the amount of $40000.00 be approved. + SUMMA Y: This order is for the emergency rental of a street sweeper , for two months at $2,000.00 per month. Our current sweeper is unable to keep up with the street sweeping demands and the seal coating program. This rented unit is for the seal coating program, BACKGROUND: Purchase Order #69130 PR_ OGR_DEPARTMENTS OR GROUPS AFFECTED: Street Department, Seal Coating FISCAL IMPACT: 1984.85 Budget Funds Account Number 100-002-0032.8509 Street Department Rental of Equipment Respectfully submitted: 1 r s Hartung city` Manager Prevared by: Name: Tom haw, C.P.M. Title: Assistant Purchasing Agent 1 Approved: Name*, hn Y. Mari M 1 C, P. . Title: cha q Agent +5 47, 'AI D rk Y • tt01'~ Tf»XSsTRt:T b PUi~GFIS 6 TAW ENTOk,'Tx 1261 a t P 9l UMBER DATE ,,E%Dple 0BrpEET3l1MENY TYf NAR8b001- SHIP to, A~i+EitNt>tN EQUIPMENT DBOX 20338 I ALLAS s TX 75290 ;EV SED NOTE= THIS PURCHASE ORDER SUPERSEDES"PoW 69130 SENT 07-15-85 w .r ITEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION BID NO. LINE AMOW 01 100 002 0032 8509 2 MON SWEEPER RENTAL 7/39/2 085 40000,'0 The City of Denton, Texas Is tax exempt • House Bill No. 20. TOTAL FOR P.b. 4000060 w~W~wrrr.r. Zeference P. O. Number on all B/L, Shipments and Invoices. Shipments are F. 0. B. City of Denton, or as Indicated. By 064~ - l ~4,44Send Invoices 1b: Direct Inquiries TO: City of Denton, Accountf Payable JONI J. Marshall, "C, P. M. Purchasing Agent 215 E. McKinney Sty, Denton, TX 76201 Tom D; Shaw, C P. M, Asti, Purcha+ting Agent for as Indicated on Purchase Order) 0/5W011 NOW Metro 261•0042 The City of Denton Is ail equal Wortun;ty employer 7a ~1~ ;x ~9. yti`1;Tln ~4d • 11i~fi~ 3 s~ i~Ctiq _ p~.I~,. 'y~ r ' q ~ ^~.~~e f~, .7 0 P V:, gATa'r 08%o~%ax° C T COUNCIL Rgiok FOR1,~T TOt Mayor and Memoere of the City Council PROM$ 0. Chris Hartung, City Manager SUBJECT! ADOPTION OF AN ORDINANCE AND SERVICE PLAN ANNEXING A TRACT OF LAND APPROXIMATELY 361.708 ACRES IY SIZE SITUATED IN THR H, MAY 9URVSY, ABSTRACT 897 AND THE V.B. GAILOR SURVEY# ABSTRACT 452 AND BEGINNING NEST OF Ph 2164 (N, LOCUST) APPROXIMATELY 7,000 FEET NORTH OF HERCULES LANE (A-16)• RBCOMMENDATIONt The Planning and Zoning Commission recommended approval by a vote of 7-0 at its meeting of May 8, 1985. SUMMARY t This is a voluntary annexhtion petition. SAC G OUNDt Not applicable. PROGRA , DdPARTMENPS OR GROUPS ABYECTEDt There are no existing structures or residences. FISCAL IKPACTt Undetermined Respeul subm t t 0. Chris Hartung City Manager PrPtepa..~d1IJ.~L David Ellison senior Planner Apprc dt - -1 - 4ft Jeff MdydK-1 Director of Planning and Community Development 1183E A D f ae t fY~ Fit F' V e 3t'.. iy OITY OUNCIL AGENDA BACKUP SUHMARy SH86P MLLTING OATS: August 6#,19$5 SUBJECT: Adoption of an ordinance and service plan annexing approximately 361.708 acres situated in the H. May Survey, Abstract 807 and the Z, S. Gailor Survey, Abstract 452 and beginning west of FM 2164 (North Locust) approximately 7,u00 feet north of Hercules Lane (A-16), SUMMARY: This is a voluntary annexation petition, A change in zoning request is anticipated. This site is located approximately 21000 to 3,000 feec north and east of the Texas Indt ument tract. Limited public facilities are available in the area of utilities. North Locust or PM 2164 is maintained by the State. A Pre-deoign Conference was held by the Development Review Committee on January 15, 1985, to consider possible light industrial (LI) zoning on this parcel. This site is located in a low intensity area and comments of the Development Review Committee are attached for information. ACTION KEQUIRED: Adoption of ordinance R8COMMENDATION: The Planning and Zoning Commission recommended approval at its meeting of May 8, 1985, ALTERNATIVES: 1, Adoption of ordinnce 2, Denial of ordinance is If final action is not t,ken within 90 days of June 181 1985, the annexation becomes invalid, PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED: No existing structures or residents are affected FISCAL IMPACT: No city services will have to be provided until development occurs, ATTACHMENPS: 1, Ordinance 2, Service plan 3. Map 4, Development Review Committee minutes of January 15, 1985 5, Planning and Zoning Commission minutes of May a 1985 David son Senior Planner 1165g (1) i1" it, Wit, 4F ~~r q J ,f'.t r1 r'Y .~"d F`77 ~.y NO. AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT TRACT Olt PARCEL OF LAYO CONSISTING OF APPROXIMATELY 361,71 ACRE OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE V. E. GAILOR SURVEY, ABSTRACT NO. 02 AND H. NAY SURVEY, ABSTRACT NO. 807 DENTON COUNTY, TEXAS; CLASSIFYING THE SANE AS AGRICULTURAL "AA DISTRICT PROPERTY; AND DECLARING AN EPFECTIVE DATE. WHEREAS, the request for annexation was introduced at a regular meeting of the City Council of the City of Denton, Taxes, on the petition of the City of Denton, Texas; and WHEREAS, an opportunity xV afforded, at a public heario held F for that purpose on the day of owdle 1965 in the Council Chambers for all-infaireated Persons to sae their views and present evidence bearing upon the annexation provided by this ordinance{ and WHEREAS, an opportunity wa afforded at a public heario held for that purpose on the AI S- day of ' 1985 in the Council Chambers for all' nt rastod per-sonsayto-aEats their views and present evidence bearing upon the annexation provided by this ordinance; sad WHEREAS, this ordinance has been published in full at least one time in the official newspaper of the City of Denton, Taxes, prior to its effective date, and after the public hearings; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSI SECTION I. i That the hereinafter described tract of land be, and the sane is hereby annexed to the City of Denton, Texas, and the same to made hereby a part of said City ar.d the land and the present and future inhabitants thereof shall be entitled to all the rights and privileges of other cititeas of said City and shall be bound by L the acts and ordinances of sold City now in effect or which aav hereafter be enacted and the property situated therein shall bii subject to and shall bear its prorata part of the taxes levied by ` the City. The tract of lend hereby annexed is described as 1 follow, 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 V. E. Gailor Survey, Abstract 452 and the M. May urvey, Abstract 807 and more particularly described as follovat 1 Ordinance No. 74P36,t TracthIil pp, esaid paint li Lasjs 500 feet v ast of and pgrpeodie Mu ar to the NWeer line of IN 1166, said pint also 1y!at south 0 2913611 west 1,t42,57 feat and north 89 54 04" vest E 450.01 feet from the intersection of the vest right6o Nway line of FM 2164 with the south boundary line of the T. Polk Survey, Abstract 999; THENCE south 0°29136" west, 500 fiat vast of and perpendicular to the center lice of FM 2164 mad along the said present city lieits, a distance of 2912941 fait to a point for a cornett Aa16/HAMN19?` i #ASH, INC./PACE ONE f u// 1 Y E n^t. 17 Ak'10 +y . xr -.r 'Sr r pF P Phi,' d - h*.~ Y # K rf z. Y+ ~L k } d'~'1 .r i• THENCE north 8843'00" vast, a distance of 40354.46 fait to a point for a corner; THENCE north 1°02'00" east, a distance of 993.3 fat to a point for a corner; THENCE north 8836'00" vest, a distance of 2,456.0 feet to a point for a corner; THENCE north 21006100" vast, a distance of 160.0 feet to a point for a corner; THENCE north 0'40'22" east, a distance of 2,074,48 feet to a point for a corner in the north boundary line Of the said M. May Survey and the south boundary line of the J. N. Stewart Survey, Abstract 1150; THENCE south 89°11'35" east, along said survey lines, a distance of 3,402.51 feet to a point for a cornerl THENCE south 0°35'53" vest, a distance of 1,190.83 feet to a point for a corner; THENCE s=outh 89°34'04" east, a distance of 3,421411 feet tc •4he place of beginning and containing 361171 acres of land, aoev.-or leas. SECTION II. The above described property is hereby classified as Agricul- tural "A" District and shall so appear on the official zoning map of the City of Denton, Texas, vhich asp is hereby amended accordingly. SECTION Ilt. This ordinance shall be affective iaaediately upon its passage. Introduced before the City Council on the At4 day of 1985. PASSED AND APPROVED by the City Council on the day of , 1985. CITY Of DENTONs TEXAS ATTEST: city Of DENTON,iTEXAS AMOVED AS TO LEM FORMS DUKA AD MI DRAYOVITCH, CITY ATTORNEY CITY Of DENTON, TEXAS A•16MANNtT! i 1WHo I eIPACK TVO d J ' 1 {t r $ r f ~'d r y1 k'ti~ti 4 v~Y S x 6~~ ✓r r.' PLAN OF SERVICEsFOR ANNEXED AREA, CITY OF DENTON,-.TEXAS WHEREAS, Afticle'970a'as,amended requires that-a plan of service be adopted by the governing body of a city prior to passage of an ordinance annexing an area; and WHEREAS, the City of Denton is contemplating annexation of an area which is bounded as shown on a map of the proposed annexation, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: Section 1, Pursuant to the provisions of Article 970a as amended, Texas Code.Annotated, there is hereby adopted for the proposed annexation area the following plan of service: 1. Basic Service Plan A. Police (1) Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective date of annexation; (2) Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards, I B, Fire (1) Fire protection by the present personnel and equip- ment of the fire fighting force, will be provided on the effective date of annexation, C, Water (1) Water for domestic, commercial and industrial use will be provided at city rates, from existing city lines on the effentive date of annexation, and thereafter from uew lines as extended in accordance with article 4.J9 of appendix A of the code of the City of Denton, Texas, D, Sewer (1) Properties in the annexed areas will be connected to sewer lines in accordance with article 4,09 of appendix A of the code of the City of Denton, Texas, E. Refuse Collection (1) The same regular refuse collection service now pro- vided within the City will be extended to the annexed area within one month after the effective date of 'annexation,' ~~r r ~4 t~i+.f -L ~ , 6, a":, e~ ~t a ^~1~ t i5` b i 9~' r ~ ~ ~ w.d ,.r : , s ~ P . 1' 4 SerV i.ce' W an Annexed Areas page tt+vo' _F. Streets (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc,) will begin on the effective date of annexation, (2) Routine maintenance on the same basis as in tha present city, will begin in the annexed area oil the effective date of annexation. (3) Reconstruction and resurfacing of streets, in&talla tion of storm drainage facilities, constructiol of curbs and gutters, and other such major improvements, as the need therefore is determined by the gowirning bony, will be accomplished under tha established policies of the city, o. Inspection Services (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc.) will begin in the annexation area on the effective date of annexation. H, Planning and Zoning (1) The Planning and Zoning jurisdiction of the city will extend to the annexed area on the effective date of annexation, City planning will thereafter encompass the annexed area, 1. Street Lighting (1) Street lighting will be installed in the substl.n- tially developed areas in accordance with the established policies of the city. J Recreation (1) Residents of the annexed area may use all axisi,tng recreational facilities, parks, etc., on the ei'fec- tive date of annexation. The same standards atd policies now used in the present city will be fol- lowed in expanding the recreational program ante facilities in the enlarged city. K. Electric Distribution (1) The city recommends the use of City of Denton for electric power. aL 10 " r w w .al 1 m ''g'P r°C.E~' 1~l uqf, hf Fp .v'T US °"tak 4 h r4 r §'fi~N . N a~ h., .r{x ser~►ice plan Annexed `Areas Page three L, Miscellaneous (1) Street name signs where ►:.eded 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 judged accordingly to the same established criteria as all other areas of the city. M. R n T .a k' f r y 'Lt•, 1~•( xi tT Lu ° J r a T' ry'~ a... T i ,pv i 4 A~ ~ iJ- .?a~~✓ T~: n 5 ~ , V~( Ss M . ~i'M y tare, 1~` > z i ~1 ~ ~ V i-' i . e71 w~ ~ I E~ r~~r 1y'• 'i f r~ ./1. ` ,.r1s\ r +r¢.?~►rrr::• ;;•}Y; i'f,}•.':S %1:•YY.'{. 1 +frr -0;! ~ ri; r irr Y r y ~ f$ n4 rK~;n~ Lrr r,t .►r . . r Yr~IA" _ .rK.2164 , ♦ " ~ rte. ~r♦ 1 M~•.r ~ • i L , t•wwM ti q1. .u 1 y I r ` . u i .....ham ■ i e/4 f A. 0.1 4S. w +yL`R Kr t y ~3 w i ^i'~`y.a 4d N v p •:,,'+1y. tih a4 ...°4 x y, . s. . -,(.~,1 o e F ' A.16 ANNEXATION SCHEDULE Apti1 08: 1985 Submit City Council agenda item Apti1 09,. 1985 Submit City council agenda back-up ✓Fiplit 16, 1985* City Council sets date, time and place' for public hearing v May 010 1985 Notice to Denton Record Chronicle May 03, 1985 Publish notice and mailout May, 060 1.985 Submit City Council agenda item v May 07, 1985 Submit City Counoit agenda back-up may 08, 1985 Planning and zoning commission makes recommendation May 14. 1985* City Council holds public hearing r/ May i5, 1985 Notice to Denton Record Chronicle v May 171 1985 Publish notice and mailout May 20, 1985 Submit City Council agenda item v May 31, 1985 Submit City Council agenda back-up 1/M#y 28, 1985* Special called mestinoi of the City Council for second public heating /June 10, 1986 Submit City Council agenda item June 110 1985 Submit City Council agenda back-up ✓June 19, tow City Council institutes annexation proceedings June 20, 1985 ordinance to Denton Record Chronicle u June 230 toes Publish ordinance July 1985 submit City Council agenda item ✓ July, 1985 Submit City Council agenda back-up dvij n Je1Y-73., 1985* !'i,[s*1 action by City Council at special called meeting *Denotes action by the City Council d!6!g r " S 4,~,. 4 P,. rc,gym F ei e y L 1 ''~ff~4i' - ti 11 52 }'K.' t~,^ a y 1 i, F?r f f rf 'i'.,i r ~t a 1Yv.? i Y Y. L '4~.R Cy .1 Minutes Development'Revfew committee January 15, 1985` DRC Members Preaente Harlan Jefferson, Don McLaughlin, Robert Hagemane David Ellison, Harry Pereaud, David Salmon, Robbie Baughman and Ray Rumfield. Engineer, Planner, Architect', Surveyor, or other development interests presente James Cozby, 8111 Nash XIX. Review of Proposed.Annexation"and Light industrial.Zoning 383.758 Acre Tract in the H. May Survey Abstract 807 and the v'. E. bailor Survey Abstract 452 A. Engineering 1. Seems to have some small drainage channels running through tract including some ponds. 2. Since tract is proposed light industrial we strongly recommend that detention be used to handle the large amount of runoff. 3. This area beyond the boundaries of our thoroughfare plan. Since its proposed use Is light industrial and near proposed Loop 288 some collector streets will be required if approved.' Requirements for an arterial will be discussed when more information is provided. 4. No further comments due to lack of information. Do Trandportation Engineering 1. Adequate right-of-way on Locust will be required at time of zoning and/or platting. 20 No comment on annexation. C. Water and Sewer 1. Nearest water line is 4,500' south on Locust (P.M. 2164) at Hercules at well`. May not be enough fire flow (3,000 g.p.m. required). 2. Nearest sanitary sewer is at Seline and Stuart Road. Approximately 3,000' south and 3,0000 east of propurty. A 10" sewer at this point runs down to Cooper Creek outfbll. Study is required to see if this 10« sewer systes has capacity to accomodate proposed roning and/or development. p. v.},y.~k r i av.~ }+ti 7. R. ~ ~ .nr N~! s ~ 'f i~ .r~'Pr~7k .psi l r J.^ ~x r s 6ioM:opis" fi Revipw'Comb ltiee V. Oniigr survey January i'5, 1985 Page `2 C• W1 er and Sewer (Continued) 3. No pro rata charges required. 4. Pro rata agreement may be had. 5. Oversize agreemehi required. 6. Outside city limits approval not required if annexed. D. Electric Dual service area with Denton county Electric Cooperative electric service from the City of Denton could be arranged at customer request. Service would be per Commercial/ Industrial Regulations. N. Fire 1. Fire hydrants required every 300 feet. 2. Must provide an all weather driving surface on not lees than 20 feet of unobstructed width, with ade. quate roadway turning radius capable of supporting the imposed loads of fire apparatus before construction begins. 3. Fire hydrants and water system must be operational before construction begins. 4. The access roadway shall be extended to within 150 feet of ail portions of the exterior walls of the first story of any building. 5. Uniform Fire code, 1982, is applicable. 6. All the above comments are to be effective, if proposed zoning and annexation are passed (approved). F. Suilding Inspection No comments at this time. G. Lone Star Gas No comments at this time. • !i. 4.'f.S. No representative was present, , x TT it{, ~ .i y.~*,d'Z f 4., -1 t ~rAer ~.5 yy R}~wt f Ya~!',• c - C h ~ V: ~ t DAVal Oiifaerit Review Committee V; '1Co c~bilor; survey Atnuary 15, 1985 Page 3,1I. coo Cable J. Solid Waste Service not avai~l'ule, because the development is outside of the city limits. Service will be provided if annexed. K. Parke and Recreation No representative was present. L. Planning and Community Development 1. This site is located in a low intensity area and staff would strongly oppose light industrial zoning. The current Development Guide policies on which staff bases its recon1mendations call for prodominantly low density residential land use emphasis. Limited high intensity uses such as commercial/retail/neighborhood service to office may be permitted up to 6 acres total within 1/2 mile distance or half the length of intensity area study boundaries. 2. If there is an active interest in hig?: intensity development and zoning in this area, staff recommends thlat the owners or development interest formally request that the Development Guide policies and low intensity designation for this area be changed to a high intensity area. Staff will not support such a proposal from a recommendation standpoint,` but will assist in procossing request so '-he Planning and Zoning Commission and City Coun6A can make a decision. 3. The Development Review planning section is also available for consultation if 'a formal change in zoning petition is submitted regardless of the nature of the request. Staff is also available for more detailed discussion of Development Guide policies and the implementation process. r li •t,. 1~ r 4 er 7ZZI~L d~, f; ¢ 1 ! y, . r May 8,, 1985, Page 9 DBC SION: was was ■orad by Mr. Sidqq'r, econded by p7'~ and unanimouSly carried i7-Oj to recommend ap of the rellrinaty and final replat of the 1Pheeler Ad ltlon, Lot 7As Block 1. IV, CONSIDBRATIONSt A. FINAL PLAT OF THE SMITH-HILL ADDITION. Hr. .luren stated that he has a conflict of interest. STAFF REPORT: Ms. Carson statod this is a 4.798 acre 'f'rUM ocs ed west of Fort Worth Drive and south 'of Collins Street property is part of a planned develop rent and an of ice/restaurant development is anticipated. She said that engineering plan$ `submitted with the plat show both sides of Collins Streit to be ppaved as required by the PD ordinance and on that basis, the Development Review Committee recommends approval. DECISION: It wes roved by yr, aPorta, seconded by' N1. Cial orne, and carried (6.0~ to approve the final plat of the Smith-Hill Addition. (Mr. Juren `abstained,) B. rf i'.tractlapproximatelyt361.708tetai.iaoiiiensituated in the H. May Survey, Abstract 807, and the Y. E, Gallor Survey Abstract 4S2, and beginning west of FM 2164 (North Locust approximately 7,000 feet north of Hercules Lane. 1 STAFF REPORT: Kr. Ellison str,ted that a formal petition VIT-i-+'317M annexation, that a request for a toning change has been discussed but no Immediate development is antici- pated. He said that apparently eople Eeel that policies may change and properties outsidpe city will hot be served by city utilities. 0n question, Mr. Ellison said that the loop is located about 3,000 feet north of this site, on further question, he stated that if prepperty devbblops the city could have a leap frog situation that developer would have to extend utilities. He continued that since no development is planned at present tint, stiff 'does not feel annexation would be detrimental 4nd t is probably not a bad idea to annex property before development occur!,. DECISION: It was moved by Hs, Cole, seconded by Hri LAFOrte and unanimously carried (9-0) to recom- mend approval of A•16. C. A•19, Petition of Hammett $ Nash, Inc, for annexation of 'IC-Tract approximately 180.9 acres in site situated in the John A, Burns SurveY', Abstract 130, and the Thomas Polk Survey Abstract 999, and beginning west of FM 2164 (North Locust approximately 91000 feet north of Hercules Lane. STAPP REPORTS Mr, Ellison explsined that one residence 910 an ultaftermined number of oteupants is located on the propperty, however, the owners have indicated that tst residence will be vacated Nor to final annexation. If the residence is occupied at the time of Annexation then basic services such as tsrbage pickup, police and lire will have to be provided, He continued that a toning change request And general concept plan have been filed with the cityy but he does not know whither Immediate development 1 pro osed, On question he sail staff's thinking is It it is speculativa and annexation is poseibly premature. DAT8t 68/06/85 OTY CMCIL. Q pon EQPMT TOt Mayor and Membors of the City Council FROM: 0. Chris Hartung, City Manager SUBUCT: ADOPTION OF ORDINANCE FOR ZONING CASE 2-1725 RECOMMRNDATIONt The City Council cungidored this item at its meeting of June 4, 1985 and voted to approve Z-1125 with conditions. SUMMARY1 This is a request for a change in toning from the #S c{cultural (A) classification to the planned development (PD) district on a 59,4 acre tract located on the south side of FN 426 (8, McKinney Street) approximately 2,000 feet east of MayhIll Road. DMOROUNDt The general retail and duplex land uses provided in this area are relatively consistent with DavelopmeO. Guide policies for tow intensity areas. PROGRAMS, D6PAR NT8 OR 0QOUPS "rRCTRW Not applicable. FISCAL IKPACTt Thorn is no impact on the general fund. Respectfully submittedt JAAMO Q. Ch city manager Prepared Fyt Ana' Denise18ply y Development Review Planner Appr ad Jeff Mey'.1ro-M, 4 It mall" Director of Planning and Co munfty Devalorw at 093ss' .r r.' ti n L°4.. d }r w I ! 5a 1 -m r xa. n~a '."`x .d .."a ii p`sto✓i I w, F1~'r . hl n:, T 5 S',i -.4 jJ~ c I 1133L` NO. AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON TEXAS BY ORDINANCE NO, 69.1, AS AMENDED, AND AS SAID MAP APPLIEA TO 39.478 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF F.M. 426 (EAST MCKINNEY STREET) BEING APPROXIHATELY 2,000 FEET EAST OF MAYHILL ROAD, AS IS MARE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL V' DISTRICT CLASSIFICATION AND Utz DESIGNATION TO PLANNED DEVELOPMENT "PD's DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN 'A MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING POR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the zoning classification and use designation of the following described property, to-wits TRACT 1. All that certain tract or parcel of land situated in 6f cR A f the Morreau Forrest Survey, Abstract Number 417 Denton County, Texas; the said tract being a part of the calleJ 86.768 acre tract described in the dead from onry S. Miller Company to R. 0. MCDonnall, at ux recorded in Volume 12000 Page 462 of the Dead Records of Denton County, Texas; the said tract being more particularly described as follows: BEGINNING for the most southerly southwest corner of the tract being described herain, at a lance corner post for the most southerly southwest corner of the said McDonnell Tract some being a re-entrant corner of the tract described in the deej from Felix Callahan, at ux to Ann C. Stark, at al recorded in Volume 1023, Page 630 of the said Dead Records end being on the occupied south line of the said M. Forrest Survey and the .forth line of the Gideon Walker Survey, Abstract Number 1330; THENCE north 01°00'46" west with the vast tine of the McDonnell Tract and along a fence a distance of 798.58 feat to a fence corner post at a re-entrant corner of said tract{ THENCE north 88°07'49" west along a fence s distance of 158.15 feet to a fence corner post at the most westerly southwest corner of the said McDonnall Tract same beingg the southeast corner of the tract described in the lead to Hsrshel Eugene Maughan, at ux recorded in Volume 991, Page 777 of the said Deed Records; THENCE northerly with the west line of the said McDonnell Tract and along a wire fence the following 3 calls: 1. north 01°00'54" east a distance of 692.31 feet to an apparent angle point; 2. north 00°14'47" west a distancs of 321.99 feet to an apparent angle point; 3. north 01°11'58" vest a distance of 294.35 feat to an iron rod found at a fence corner on the south right of ,tiny of r.M. 720, it occupied, for the northwest corner of the raid McDonnell Tract, the said iron tod being 3 feet northerly from another fence corner post; Z-1725/PACE 1 Sl R [ t a Hn 17- a i9 t,'S r°r., ~~~N Nq Yr,'n • c'e'y, v a. ka _ .7 t.~'7v THENCE southeasterly with the southerly right of way of F.M. 720 and the northerly line of the McDonnell Tract the followi% 3 calla: 1. mouth 86°18'30" east a distance of 430.47 feet to an iron rod set at an angle point in the msid line and being near an iron roll fence; 2. south 46°33148" east along and near the said Iron rail fence a distance of 411.40 feet to a right of way marker at an angle point ?.n the said ll.nal 3. south 63°44'11" east: alo7 and near the said fence a distance of 219.92 feet Eo an iron rod met for the northeast _orner of the herein described tract; THENCE south 00°10'40" west, severing the esid McDonnell Tract, a distance of 887.64 feet to an iron rod set fov on angle point in this line; THEI ICE south 01°04'46" west, continuing across the said McDonnell Tract, and passing at 137.19 feet to an iron rod set for the northwest corner of a certain Tract It of 0.334 of an acre, ■nd continuing along the same course, in alt, a total distance of 798.58 feet to an iron rod set near an old wire fence on the south line of the Baia McDonnell Tract; same being the south line of the said M. Forrest Survey, as,rccupiedt THENCE north 89°30'13" west with the said south line of the McDonnell Tract and along the general course of the said old wire fence a distance of 812.67 feet to the place of beginning and enclosing 39.478 acres of land. is hereby changed from Agricultural "A" District Classification and Use designation to planned Development "PD" District Classification and Use designation under the comprehensive coning ordinance of the City of Denton, Texas. SECTION It. That prior to issuance of any certificate of occupancy for the use of ary building within the planned development district, the following conditions shall be met: A. a six (6') foot solid wood fence shall be erected along thhe southern boundary of the general retail section; 8. That the area designated as Sections 2 3 and 4 on the attached site plan for two-family dwellings shall be developed in accordance with the coning regulations applicable to two-family coning districts insofar as such regulations are not inconsistent with the attached site plan for such area and use. SECTION III4 A. That the City Council approves the comprehensive site plan for the area designated as Sections 2, 3 and 4 on the cttached site plan for two-family dwellings with the conditions and regulations herein stated. Z-1721/FA49 2 That prior to any development or construction within the area dealghated on the attached site plan for general retail (Glt}, a comprehensive site plan for such arad shall be submitted for approval in accordance with the procedures required for approval of planned development districts. C. That the approval of the district showing a general retail area on the attached site plan, eklall tjot, and is not intended to, be deemed approval of such designated area for any particular land use but shall be construed only to mean that uses allowed in general retail toning districts on the date such cosprehoosivs site plan iL submitted, may be considered as possible appropriate uses of such designated area at the time such plan is submitted therefore, and approval thereof may be determined upon consideration of such factors which may include, but not be limited to: the ties elmpasd from the effective date of this ordinance end the date such comprehensive site pplan is submitted for such areal the number of proposed buildings, dwelling units or proposed uses] the arrangement aitd design of the buildings, streets, parking areas, utilities and other develoymaut features; and the proposed regulations to be applied to such area. SECTION IV. That the development of the property shall be in substantial compliance with the comprehensive mite plan attrchad hereto or any comprehensive site plan hereafter approved for any part of the district and made a part hereof for all purposeso The Zoning Hap of the City of Denton, Texas, adopted the 14th day of January, 1969, am an Appendix to the Code of Ordinances of the City oC Denton, Texas under Ordinance No. 69.1, as amended, be, and the same is hereby amended to show such change in District Classification and Use subject to the above conditions and specifications. SECTION IV. That the City Council of the City of Denton, Texas, hereby finds that much change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar sui►abil!ty or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citisoes. SECTION V. Any person who shall violate a pravlsLon of this ordinance, or fails to comply therewith or with any of the requirements thereof, or of a permit -it certificate issued thereunder, shall be guilt of t, misdameanor punishable by a fico not exceeding One Thousand Dollars ($1,000.00). Each su:h prrsot, shall be deemeti guilty of e separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or, continued, and upon conviction of any auch violations such person shall be punished within the limits sbove. x•Iy2S/pAOC 3 wires r 1#~1`.+'7~"t~'YC P' ° ti i r v _ f' S 'o q Y ;d SECTION VI. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Seeretary.is hereby dl• rdeted to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1985. RICHARD 0, 51TVAKT, KAYOK CITY OF DENTON$ TEXAS ATTgST: CHAREMTE ALLEN CITY SURE CITY OF DENTON,~TEXAS ~ APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TE)S Byl-AtA j 1.1125/nal b ~ iq ors r • R. INIP41•+41TIMNIrOi /IMNwlrr too, to 1 . O„4MpMRIN M.17hMW ".Ilrrlr4».I M 114.060 A" WAIN/ Wa• •.•I.6 wA I•.M►/N /IMr.r1+10 r"at/, 41••. i , / r Sep V1 01WIfY MAP % ".4 MUUMIINAIIY PLAT AHO O,: of WDONNEII NDSi 4 I("✓+ i \ .+r 1600.6, 6AC.INtl' eMro • V I. A^O W-Sru N 1•- i t, A t rc j' I f)/J \ y~1„1 oot 1 S ~ • . YY J T 464 1 ( , / . in At' ~.rrL'.r. ~ .1 ~1 K t 'i i s 1 1 IIIR • H All 1'~ {r I r. l I r errI li •I r. 1 > , i O,I q ~L a K :y IWO P L 2 Minute March 13, 1915 Page` 2 Ste "loon recommending annexing the additional 100 acres to inlorpovote all of the area west of Mayhill Road. He added high intensity Development Guide policies are applicable to this area. Ms. Mason Hag ard, ee area property owner, asked it it would be required for the developer to build a fence. Chairman Claiborne answered that will be discussed on the toning came wheat: will also be heard at this meeting. Mr. Ellison added City Council will consider all of the annexation requests ep March 199 1995. Mr. Escus made a motion to recommend approval of the petition of Hammett 61 Mash, Inc, and the City of Denton for annexation of ap roximately p1r50 acres yof land north of l%! andya jiciacdindp9 9th ofithg4lKLT Rail- road - Seconded by Mr. 9idor and carried unan imousl(yAi1-0). Ill. Conhant Agenda Each of these items is recommended by the staff and approval thereof will be strictly on the best= of the staff recom- Directornof Planning andtCCoommunity Developmenthorihis desig- nee to proceed with each item in accordance with the staff recommendation. A. Recommend approval of preliminary plat of the Creekside Addition. B. Recommend approval of preliminary plat of the Kelso*-Pitner Addition. Mr. LaPorte made a motion to approve the Consent Agenda. Seconded by Mr. Sidor and unanimously carried (6.0). IV. Public Hearings A.1 25. This is the petition of R. 0. McDonnell classification change the in ng planned devclothe pmen[r(PD)tdistrict on a 39.4 acre tract located on the south side of PH 426 MayhillcRoad~y ifrapprovad,othe atel p2,000 feet twill permit the following land uses 5.9 acres - general retail 33.5 acres - duplex Me. Spivey stated there were five reply forms mailed to property owners and none were returned. Mr. Brian Burke stated as discussed at the previous matting, he to representing the petitioner and has dons the preliminary engineering including a preliminary pplat. He stated they would like to have frontage along MCKinn~!y Street. He stated they are requestin general retail/office., He continued the warehouser vi 1 have orifice fronts with storage to the back. He stated Hr, MaDonnelli atitioner, would also liike to have a 'cabinet mho , wholesale to builders frith rear delivery add shipment. , zj °t P a Z Minutes March 13r L985 Page Mr, i Elllaon replied, a cabinet chop could not be ppermitted, as it would require commercial toning* t!a added, Ms. Spivey will explain what is requ;red to allow a cabinet shop. No one spoke in favor or in opposition to the request. Me, Spivey stated, as Mr. Burke has indicated, this case was discussed at the last Planning and Zoning commission meeting. She continued, staff has readvartited the zoning request to insure that proper notification of all owners oC land has been done. She stated the request is basically the same proposal as presented at the previous meeting. She continued this, site is in a low intensity area, but is not located in a specitto intensity study area. The area is relatively free from developmant at the present time, therefore, a general intensity titan- decd for the area would not be exceeded if this request were approved. She continued, she has talked with Burke Engineerings and informed them that according to the City of Denton Zoning Ordinance, a cabinet shop is permitted in a commercial zone but not in a general retail district. Staff would not be in favor of grant- ing this additional exception to land uses'pereitted in the general retail zone, as we feel it would set a presi- dent of commercial land uses at this location which are not suitable butters for the duplex land use portion of this request. She stated staff recommends approval of the overall proposal with two conditions. Mr. Burke offered no rebuttals but commented he is open to the Commission desires and wants to be consistent with the regulations. Chair declared the public hearing closed. Mr. LaPorte made a motion to recommend approval of Z-1725 with the following condittonso 1) A six (b) toot solid wood fence be erected along the southern boundary of the general retail sectiont 2) office/retail/warehouse facilities will be permitted in the approved planned development. Mr. LaForte also commented he would not be opposed to a cabinet shop, but feels petitioner should come back at a later date with that changes Mr. Esau* esconded the motion. Mr. Sidor a~Aod for clarification. He stated he understood petitioner had asked for commercial and the Commission denied that and now he is asking for general retail in Lieu of commercial and Me. Burke says their intent all along was for commercial uses. Staff is reaommendiftq approval tot general retail, and asked are we recomsehiing approval for a cabinet shop? Mr. Bscue answered no. Mr. LaForte stated he Nolo petitioner should come back with that request. Vote was called and rot,idn passed unanimously (8-0). i 'rpk ''1 e DATE. 08/06/85 CITY COUNCIL REPORT FOR_M1* T$s Mayor and Members of the city Council FROM, 0. Chris Hartung, City Manager SUBJECT: ADOPTION OP ORDINANCE POR ZONING CASE Z-1727 RNDATIONt The City Council considered this itOm at its meeting of Juno 4, 1995 and voted to approve Z-1721 with conditions. LAY: this to a change in awning from the agricultural (A) classification to the planned development (PD) district on a 5061 acre tract on the west side of Mayhill Road approximately 4,300 foot north of r-35N. BACK: This toning change is consistent with Development Guide policies for high intensity areas. PQgM$. D$PAR NTS OR CROUPS AFFECTED, Not applicable. FISCAL IMPACTt there to no impact on the goneral fund Respectful su t t G. Chris Hartung Prepared by: City Manager ~uaR ~ Denise Spiv y Development Review Planner Appr odi JoFE Aao-N:!~- Director of Planning and Community Development 09366 ,r ;yl ar. V 7777 -Tr 7 'TM i } IL34L NO. Ar JRDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON -jEXAS A5 SANE WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINUNCES 01 THE CITY of DEtfTOii TEXAS BY ORDINANCE NO., §9-l, AS AMENDEDI AND AS SAID AP LIES TO 50.1576 ACRES OF LAND LOCATED; ON THE BEST SIDE Of .AYHSLL ROAD 4,300 FEET NORTH OF INTERSTATE SS NORTH, AS MORE PARTICULARLY DESCRIBED HEREIN, TO PROVIppE FOR A CHANCE IN ZONING CLASSIFICATION FROM AGRICULTURAL ".0 DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFICATION AND S DESIONOT ON; PROVIDING FOR A PENALTY IN A MAXIMUM AIWNT 01 l,UOO-00 iOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE I` Ti. THE COi3!" IL OF THE CITY OF DENTON, TEXAS, RUELY OkrAINS: SECTION , That the Sontag classification and use designation of the following descriivd property, to-vit: All that certain tract or parcel of land situated in the David Hou h Survay, Abstract 6461 Denton Counter, Togas, being all of e, car sin (Called) 45,30 acre tract deeded by Fred N. Stones, Jr. to Mallow Volume 407 Paga w 36, Dead Recordsdof saidaCounty,94kd aeparteQfia certain (called) 40 acre tract deeded by C. 0. Haggard, a vidower et yi to Mason A. Haggard and wife uilaa Haggard bn the 5th any of 1947, recorded in Volume 3370 Palo 430, Deed Records of said Cc,hty, and being more fully describas follawsi BEGINN3 10 at the southeast corner of said 45.30 acre tract in the east boundary line of the D. Hough Survey and in Mayhiil Road; THENCE south 87°53'18" west near a fence a distance of 1821.56 feet to an iron pin; THENCE north 02°00'00" east a distance of 1080.0 feet to an iron pin in the south line of said 40 acre tract; THENCE r:orth 87°42'00" east along commo.t property line a distance of 1141.37 feet to an iron pin; THENCE north 01°58'30" east a distance of 320.0 feet to an iron pin; THENCE north 87042 b0" east a distance of 68D.63 foot to an iron pin in the east boundary lino of said D. Hough Survey in Hayhill Road; THENCE: south MOWN' west along said survey line and said road a distance of 320.0 foot to an iron pin being the southeast corner of said 40 acre tracti THENCE south 02000100" west ,Long Mayhill Road and the aaat bouoe: ry line of said D. Hough . zvey a distance of 1086,0 feet to the p-Ant of beginning and containing 50.3516 Acres of land. is hareby changed from Agricultutai 'A' )tstriet Classification and Use dosignition to Planned -)aveI pasnt "PD" District Classification and Use dealggnation Yp,.'ee the comprehensive toning ordinaaoe of the City of dents UX0 Z-1727/HAMMET AND KUM, INCeIPAGE i a v G s r'. au r.9: N`.r. r 'k Id l SECTION 1I. That prior to the beginning of any construction or development within the 'district created herein- and prior to the issuance of any buildiDg permits for buildings therein, the following conditions shall be met; As A comprehensive site plan for the district shall be submitted for approval in compliance with Article 11 Apppendix B-Zoning of the Code of Ordinances. None of the following listed land uses shall bP permitted in the district and no such uses shall be shown as proposed uses on such comprehansiva'site plans Amusements Commercial (outdoor)), Dreg Strip or Commercial Racing Asphalt or Concrete Batching Plant (perm,anent) Brick Kiln or Tile Plant Dormitory, Boarding or Rooming House Dump or Sanitary Fill Area Cemetery or Mausoleum Extraction and Sale of Sand, Caliche, Stone, Clay or Gravel Fairgrounds or Exhibit Area Go-Cart Track Halfway House Hatchery, Poultry Hauling or Storage Company Heavy Machinery Sales and Storage Home for Care of Alcoholic, Narcotic or Psychiatric Patients Livestock Auction Livestock Feeding Plant, Pens or Yards Mining or Storage of Mining Bastes open Salvage Yard for Rags or Machinery etc Petroleum Collecting or Storage Facilities Private Utility Shop or Storage Yard Rodeo Grounds Sand Gravel or Earth sales or Storage Stables Commercial Rental Stables Boarding Stable, Private Club Storage and Sales of Furniture or Appliances Outside a Building Theater, Drive-In Tire Re-Treading or Capping Tcol Rental Trailer Camp or Mobile Home Park Trailer Rental or Sales Used Auto Parts Sales 8. A six (6) foot solid wood fence shall be erected between the petitioner's property and the Mason Haggard property if residential uses are permitted in the final comprehensive cite plan approved for the district. The fence shall be erected before any construction or development occurs. C. That the approval of the district showing a designated light industrial use on the attached site plan, shall not, and is not intended to, be deemed approval of any particular land use in such district, but shall be construed only to mean that those uses, otherwise parmitted in light industrial Bonin diatriotss exclusive of the listed prohibited uses in this ordinance, may be considered a possible appropriate uses for the district at the time the eompeahensive site plan in submitted theraforas the approval thereof baing based upon relevant factors vnich may includes but sot be limited to. the tiie elapsed from the effective data of this ordinance to the date the comerehanaive site plan for the district is submittedl the number of proposed buildings or dwelling units and proposed uses; the arranggament and design 3f the buildings,` atreats parking arers, utilitiao and nth r development foatureal and t►a proposed tegulatione to be appl=ad to the,distri,ct, i-l721/HAFB!ET AND KUH, 144C,/PA0E 2 ria X Y Fn-'NrwA 'TIM" ;ar A ~T ..-1..' 5ECTI N III. That the development of the property shall be in substantial compliance with the final comprehensive site plan hereafter approved and made a part hereof for all purposes and the regulations, conditions, and provisions herein contained. The Zoning Nap of the City of Denton, Texas, adopted the 14th day of January, 1969 as an Appendix to the Code of Or Unances of the City of Denton, 4snae under Ordinance No. 69.1., as amended, is hereby amended to show such change in District Classification and use subject to the above conditions and specifications, SECTION IV. That the City Council of the City of Denton, Texas, hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general ueifare of the City of Denton, Texas, and witb reasonable consideration, among other things for the character of the district and for its peculiar suitability or particular useej ii-,d with a view to c6nserving the valij: of the buildings, protecting human lives, and encouraging the. most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citisens. SEC'PION V. 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 huilty of a misdemeanor punishable by a fine not exceeding One Thousand vollare (fl 000.00). Each such person shall bit deemed guilty of a se arate offense or each and every day or portion thereof during, which any violation of this ordinance is committad, or cont:nutd. and upon conviction of any such Wvlations such person shall be punished within the limits above. SECTION VI. That this ordinance shall become eft,'cctf.sr fourteen (14) dais from the date of its passage, e.nd tho C•ty .4ecretary is hereby ,d- rected to cause tLe ce;+tion of this r,cdin+~~ to be published twice in the Denton Record-Chronic Is, the official newspaper of the City of Denton, Texas, within ten (10) days of the data of its passage. t PASSED AND APPROVED this the day of , 1985. CITY OF DENTON, TUAS ATTESTS CITY OF DENTON,,TEXAS APPROVED AS TO LEGAL FORMS DEBRA ADAMi DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS i Z•1737/HAlMgT AND NASH, INC•/PAGE S, f, I 101 IIIIH 004I wm n "AtIL am is to "It& wou ON 1. km"A I $44. 11141 ewt1, "A". 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Aver Tn Thil ' 0111 lltvr►IM► ~t "lp elf OONSUlikYO [N6K[Rf R SURVEYORS 0" H%*SOI*W Ab*W 646 J t)ENtON, mis rite IOl 1let prom Um IN IwpI tt,Mt w T 77711 r v 0 ~y e P- ar' 4 Mih os Hatch 13, 1995 Page 4 8. Z-11 7. Thi, is Petition of HAaArtt.s Nash, Inc. requesting a change in toning troy thi"agricultural (A) classification to the planned develo 'leanc (pp)-district for ifyht industrial (LI) uses ot, a 5061 acre tract located on the west side of Mayhiil Road 4,300 feet north of Interstate 35 North. Ms, Spivey stated there were two reply forms mailed to property ownerst one was returned in favor and zero in opposition. Mr. Hardy Burke stated originally this was a request for light industrial zoning and it has now besn changed to a planned development for light industrial uses with a list of prohibited uses. He explained ths•looation of° the property and the railroad which cores in on a spur to this pproperty. He commented if developed as a residential area, we would construct 'a fence, between this property and the Mason Haggard property as per Ms. Haggard 0o request. Chairman asked Mr. Bursa if he woule consider constructing a fence regardltss of land use. He asked about a six 1.6) foot screrninj device. Mr, Burke stated they would prefor r chain lf,nk rather than a wood fence as it would require loss n4intenance. Ms. Haggard stated she resides adjoining this property and she plans to reside there, therefore the reason for requesting a fence. On question from fir. LaPorte, Ms. Haggard stated yes, she would like a wood fence, Ms. Haggard indicated on the map the location of her property and said they are requesting a zoning change on part ri her property. She also indicated on the n3p where she would like the fence to be constructed. Ms. Spivey stated staff has readvertieed the toning - request to insura that proper notification of all owners of land has been done. She cortinued,,this 50 acre tract iw located in an area designated as one of three high intensity or major activity contort. She stated little or no control of intensity is proposed for major activity centersi in general, high intensity areas are expected to be the major industrial, commercial and employment centers of the city. She added the light industrial land use requested on this 50 acre tract is compatible with surrounding zoning an! Denton Develop- ment buide policies for high intensity areas. She also added that condition number two could be amended to read, "any land use" rather than limited to construction if residential uses are proposed. Staff recommends approval with two conditions. Hr. Sidor commented someone should define the necessity for the fence, He asked if residential developeent occurs on the south side of this 50 acre tract, should a fence be constructed on the north side. Chairman answered yes. Mr. Sidon asked if the petitioner is proposing residential use. Mr. Burke enswared no they are not, Lf. r g,y a ~Sy Y' r . i i ~s n 1i a q r ~~1~ Y r " ° 1 y i{ f ?linutea Munch 13 1'' 1935 Page 5 Hr. Burke offered no rebuttal, bUt added'he would,like to ~eque,at a chain link or wive fence with metal poste as it would be'less maintenance. He stated if any of the tract is used for residential'purposea, they will construct a forte. Chair declared the public hearing closed. Chairman Claiborne commented he feels the issoo is, what type of fencing should be required, He continued it would appear for. the privacy of the adjoining land owners, they may want a solid wood Unto with any land use. Mr. Latorte made a s:otion to recommend approval of Z-1717 with the following conditionst 1) The following uses shall not be permitted in the approved PDt Amusement, Commercial (outdoor), Drag Strip or Commercial Racing Asphalt or Concrete Batching Plant ,(permanent) Brick Kiln or Tile Plant Dormitory, Boarding 4r Roosing House Dump or Sanitary Fill Area Cemetery or Mausoleum Extraction and Sale of Sand, Coliche, Stone, Clay or Gravel Fairgrounds or Exnibit Area Go-Cart Track Halfway House Hatchery, Poultry Hauling or Storage Company Heavy Machinery Sales and Storage Home for Care of Alcoholic, Narcotic or Psychiatric Patients Livestock Auction Livestock leading Plant, Pens or Yards Mining or Storage of Mining Wastes open Salvage Yard for Rega or Machinery, etc Petroleum Collecting or Storage Facilities Private Utility Shop or Storage Yard Rodeo Grounds Sand Gravel or Earth Sales or Storage Stable, Commercial Rental Stable, Boarding Stable, Private Club Storage and Sales of Furniture or Appliances Outside a Building Theater, Drive-In Tire Re-Treading or Capping Tool Rental 't'railer Camp or Mobile Home Park Trailer Rental or Sales Used Auto Parts Sales 2) A six (6) foot solid wood fence shall be erected between the petitioner's property and the Mason Haggard propparty if residential uses are proposed. The fence =11 be erected before any construction or development occurs. Seconded by Mgt Eacue and unanimously carried (6-0). m a~A r r . yt~ 9 ~9irv' a 1", { a,r. ,rv k',~ "MA'v rt. i` ir'l aa; rrs fit ,gl~ 1,{. + 4 ~r• ,I On1'04/06/a5 IFti CO(*1E. RRPOR2 PORIIa Tot Mayor ald Neatbers'of the City cot:ncil . FROM: o. Chris Hartung, city manager SUBJECT: ZONING ORDWANC6 Z-1:'42 RBCOMM&NDA'~Q~,t The City Council approved the request for a cho-Age 'in toning from agricgltural (A) to plannsd development (PD) at its meeting of July 2, 1985. The planned development is located north and east of Edwards Road and shown in the Gideon Walker Survey, Abstract 1130: BACKGROUND: The following land user are included in the 60.38 acre planned development: single family (SF-1)9 :ero lot line, and multi-fastly. PROGRAMS. DEPARTMENTS OR GROUPS AFFSCTSD: No programs or departments are affected. FISCAL IMPACT: No impact to the general fund. Respe ut sub tt G. Chris Hartung city manager Prepared by: Cecile Carson Urban Planner Appro d: Jeff Meyer Director of Planning and CoammWtity Developateat 09341 r a ry 4.( ' :5 i. 'lr .y.~ re t y a +32 p.$~ c .l i l~~ Y t~ ;~~s 1, NO. AH ORDINANCE WENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY ORDINANCE NO. 69-1, AS AMENDED, AND AS SAID HAP APPLIES TO 60.38 ACRES OF LAND LOCATED NORTH AND EAST OF EDWARDS ROADt AND ?5 t0RE PARTICULARLY' DESCRIBED HEREIN, TO PROVIDE FOR A CHANGE )'N ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A MAXIMUM PENALTY OF ;11000.00 FOR VIOLATIONS ?z;EREOF; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CIT7 OF DENTON$ TEXAS, HEREBY OADAIAS. -SECTION I. That the zoning classification and use designation of the following described property, to-wit: All that certain tract or parcel of land situated in the Gideon Walker Survey, Abstract 1330, Denton County, Texas, being part of a (called) 61.67 acre tract described in a dead from O.R. Sullivan to H.B. Rhine on January 5, 1943, recorded in Volume 297, Page 584, Deed Records of said County and being more fully described as follows: BEGINNING at a steel pin at the Southeast corner of ajid 61.61 acre tract in EoMo:d's Road, this corner being approximately North 10 450 feet and Fait 5,450 feet from the Sout'iwest corner of said Walker Survey; THENCE N. 86°O8' W. with the South line of said tract in Edward's Road a distance of 1331.3 feet to a steel pin at a turn in said road; THENCE N. 10°22' W. In Edward's Road a distance of 505.5 feet to a steel pin on the West boundary line of said 61.67 acre tract and on the West line of said road; THENCE N. 3°27' E. with this West line of sold tract and of said Edward's Road along and near a fence a distance of 1357.8 `_eet to a steel pin at the Northwest: corner of said 61.67 acre tract; THENCE S. 86°53' E. along and nea~ a fence a distance of 1412.5 feet to a steel pin and fence corner ct the Northeast corner of said 61.67 acre tract; THENCE S. 2°14' W. along and near a fence a distance of 1867.0 feet to the place of beginning and containing in all 60.383 acres of land; is hereby changed from Agricultural "A" District Classification and Use designation to Planned Development "PD" District Classification and Use designation under the comprehensive zoning ordinance of the City of Denton, Texas. SE_ CTI - It That prior to issuance of any certificate of occupancy for the use of any building w chin the planned developaent district, the following conditions and rastsictibns shall be met and applied: x•1742/TOMY CORPORATION/PAGE l' a .:y 'nr. `r v,,. •C', ;KyG r °`µy s w nu A The area do'tignated for single family (Sy ) housing shall' be .developed in accordance with, the zoning regulations applicabit to SF-1 Wing districts.- 8. The area designated for zero lot line housing shall be developed in accordance with the zoning regulations appplicable to SFi7 toning distrietm, except that the lots sha11 have a min mum area of 3 000 square feet, a minimum width of SO feet, a minimum depth of 100 feet and the side yard setback requirements of the SP-7 zoning district shall not apply. C. Edwards Road, where it is adjacent to the south and vest boundary of the district shall be improved to provide a 24-foot wide street which conforms to the standards and specifications of the City. SECTION 111. A. That the development of the district shall bu in substantial compliance with the site plan attached hereto and made a part hereof, for the areas designated for single-family (SF-7) and zero lot line housing. S. That prior to any development in construction within the areas designated on the attached site plan as multifamily comprehensive site plan for that area shall be submitted for approval in scccrdance with the procedures required for planned development districts. The comprehensive site plans submitted for that area shall most the following requirements and conditions: 1. A landscaping plan shall be submitted. 2. The comprehensive site plan shall not contain any uses inconsistent with the uses permitted in MF-I zoning districts. 3. The comprehensive site plan shall show a 25-foot front yard and 10-foot aide yard building setback and shall not contain ary parking lots, areas or spaces therein. C. That the approval of the district showing a designated multifamily (MF-1) area on the attached site plan, shall not, and is not intended to, be deemed as approval of such area for any particular land use, bt.t shall be aoostrued to mean that multifamily (MF-1) use will be considered as a poalible appropriate use of the area so designated at the time the comprehensive site plan for such area is submitted, the approval thereof to be determined upon consideration of such relevant factors, which may include, but not be limited to: the time elapsed from the effective date of this ordinance to the date the comprehensive site plan for such area is submitted; the number of proposed dwelling units; the arrangement, design of the buildings, streets, parking areas, utilities and other development features; and the proposed regulations to be applied to such area. SECTION IV. That the development of the property shall be in substantial compliance with the final comprehensive site plane attached hereto or any comprehensive site plan hereafter approved for any part of the district ae required herein ■nd made a part hereof for allure poses and the regulationa, conditions and provisions contienod herein. The Zoning Map of the City of Denton, Taxes, adopted the 14th day of January, 1969, as an Appendix 'to the Code of Ordihaaces of Z-1142/TOMMY COWRATtON/FACE 2 p ~q b I '.r M r ~ .a i~ y it , ! ~ r 5 V ',:9 ~ l~♦♦i! ~ Y,. qr n t ass 2j 3 q t ~ "rr the City of Denton, Texas kinder Ordinance fin, 69.1, as amended, be, and the same is hereby amended to show Such change in District Classification and Use subject to the above conditions and specifications. SECTIO14 V. That the City Council of the City of Denton, ',texas, hereby finds that such chavge is in accordance with a comprehensive plan for the purpose of promoting the general welfare of EN3 Cicyy of Denton, Texas, and with reasonable consideration, among other-thin s for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving tFs value of the buildings, protecting human lives, and encouraging the - most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. SECTION V1. An) person who shall %-Iolats a provision of this ordinance* or fails to comply therewith or with any of the requirements thereof, or of a permit or certificate issued thareundar, shall be guilty of a misdemeanor punishable by a fine not exceeding One :Thousand Dollars (;1,000.00). Each such person anal: be deemed guilty of a se aiste offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any such violations such person shall be punlahed within the limits above. SECTION VII. That if any section, subsection, Paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid bq any court of competent ,jurisdiction, such holding shall not affect the validitq of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION V111. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby dL- rested 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 ten (10) days of the date of its passage. PASSED AL0 APPROVED this the day of _ , 1485. CITY OF OENTON, TEXAS ATTEST: CITY OF DL'NTON, ,TEJUS M APPROVED AS TO LEGAL YOM : DEBRA ADAMt DRAYOVITCH, CITY ATTORNEY CITY OF LENTON, TEXAS aY: A / itti 1 r 2 1742/TOHKY CORPORATION/P!.vE 3 I v a1 1 Si R AIA At' A 1151 ! lif.'Nf . M,,(. a}y, j , ) + 1161 1 370 1 J t 'J ~ a ff~r J ~ •M , Q / MrVN ~ tl y 14 0 1 ~ ~ t Ar1DA[W G04oo. ` 0 1 ~1 [ -r I IIIMOltO IICAyM~,'f ~ ~ 1 ~ J I Y I f I ' 1 S [ I ff ~ 1 b , ♦I f Owl 1 j ' p7t I1 J` +4 1 rf 171i~arcR I z ' 7mmir, r4?ICEf i CLAfI CALLED 50.383 ACKES Ir,' ZOO' r_,IDEOFI WALKER SURVEY A•1330 DENTON COUNTYI 'TEXAS .Ir, r'. y 'ivY .r ! •.r/r V , rw ISM 1Fe.rtre .q,7p `r7'+~EI1lS'i" -,rs~~"ci-rye~~Y"'.7-77 ~ t R p" ~ Z '~i`nutds ~ ~ . June 12, 1985 Pose 1 DEC 10 Mr. LaPorte moved to recommend approval of I:bject to the following conditions: 1. 1'ireloDaent standards for the duplex aros.shil1 be consistent with standards listed for the 2-P district in the City of Denton Zoning Ordinance.' These'stan- dards shall include lot site, lot width, lot dbpth, lot coverage, setbacks, parking requirements, and e mitted land uses. 2. 8evelopment standards for the tri-plex area shall conform to City of Denton Zoning Ordinance standards for the SF•7 district, except tat minimum lot size shall be 9,000 square feet. . S. Development standards for the gardenhome area shall be consistent with City of Denton Zonif.g Ordinance standards for the SP-7 district, exceppt that one building wall may sit on a side lot line. 4. Development standards for the townhome area shall be consistent with SF-7 district standards, except that structures shall be attached and minimum lot size shall be 2,700 squire feet. , 5. Developpment standards, for the multi'-family section shall be consistent with standards tot the MF-1 district. 6. Developpment standards for the general retail section shall be consistent with Zoning Ordinance standards for the general retail district. 71 No detached signs shall be permitted in the development. a. Lan'scaping plans rust be incuded with specific site plans for the general retail and multi-family areas. Seconded by Mr. Pearson. Chairman tormented that he has reservations about this general retail area and thinks it should be a'oout twa acres. He also expressed concern about multi-family concentration. He said, however, that petitioner has made an honest effort to protect rosldents of Forrestridge. Mr. Juren said he objects to retail and multi-family concentration. Mr. Sidor comme..`ed that he quesr;ons the need for so many apartments in atea, alsu the need for additional retail. He suggested that petitioner revise his plan to include more single family and zero lot line and reduce the number of apartments. Vote was called on motion: Aye - Cole LaPorte, Pearson Nay - Claiborne, Escue, Juren, Sidor Motion failed 3-4. Mr. Juren moved to recommend deaial of Z-1740. Seconded by Mr. Sidor. Vote was csllod: Aye - Claiborne, Escue, Juren, Sidor Nay - Cole, LaPorte, Pearson Motion carried 4.1. C. Z-1742. Petition of Pommy Corporation N.V., represented • iin i nins,from the lrltu turn V O) nc cfes~iffcitfonato then yylanned development (PD) classification on f0,38 acres. The otopetty;ia loestbd north and 6sst of Edwards Road and shown' `in the Gideon Walker Survey' Abstract No 1330. The following land uses ate proposed for the planned develop- rent~ ' # F*r' N 1U v + k e c4Ya k~ ♦ v 7` 5'KF ♦ tn` '"GS r.,PRV r a d •1 M1;: P '1 L ~ftritikes June. 4261985 Pafe S ,r . • Sine e Rashly OF.?) on 2$.0 acres Vi h a density of /.S units per acre to al of 113 units Zero Lot tine on 13.0 acres with a density of 6.1 units per acre total of 79 units Multl-Family -`on 13.7 acres with a density of IS units per acre total of 205 units Eight notices were sailed to property owners within 200 feet; one reply form was received In favor, none were received in opposition. PETITIONERt Gregg Edwards, representing the Tommy Corpo- ra on, sated they aro propposing a mixed residential development, with multi-family Uses Adjoining Allan Estates Mobile Home Park and the Andrew Corporation, and single family uses on the east aide of the creek. They .are trying to leave the E:ood plain area Intact to act as a buffer separating the higher intensity uses from the lower intensity uses IN FAVOR: None present. OPPOSEDs Mr. Simmons of the Andrew Corporation stated T e►j'Rl'e concerned about having adequate water for fire protection considering this particular development and Allan Estates Mobile Home Park which could bring in an additional 600 units. They have seen no plan to provide water and their insurance carrier has told them there is barely enough water for their own use. They are also concerned about havin only a two lana road. He said he assumes the city is planning to provide better roads and adequate water. Mr. Has explained that the mobile hose park is building a 121, line to tie onto line which serves Andrew Corpporation which is a 12" line going down and across 1-3S. He said that a 1411 line will be provided next year with CIP funds which will eliminate any inadequate water supply exper-. dented by Andrew Corporation. :is further stated that at no time Ls Andrew Corporation considered to have inadequate pressure for fire protection. On question, he said Andrew could experience some decrease In water pressure in peak morning and evening hours, however, most of Andrew's work force is during the day. On further question, he stated that by the tine development occurs the bottleneck will be solved. Mr. Ellison advised that at time of platting, city will require adequate water supply. STAFF REPORT; Ms. Carson stated pproperty is located in a ow intensity aroa, that subdivislon regulations will durin tpolattinprsta e. a SheaSaidrthatmmulti-family coonsad contrition policy is not being violated by this proposal. Staff recommends approval with conditions as no Develop- sent Guide policlAs are being violated. Mr. Pearson questioned condition about no.front yard park- • ing and Ms. Carson explained that parking In required front yard sbtback uusei traffic problems and staff tries to eliminate'that problem'in a PD. REEUTTALi Mr. Edwlrrds stated that Andrew Corpora tionIs concern about water supply is being addressed by CIP and will be reviewed during the subdivision' process. Ile said fi 4 l r S 1 ryY I 4 'r 7 ib tic 4t "Julie lt, ld S Page 6 " the rosd issue will also have to be addressed by developer, ths,!raffic capacity Is going to have to be provided by i devdioper. DECISION: Mr. LaPorte moved to recommend approval of I-.T7T Tubject to the !ollowing conditions. 1. The multi -family (NP-1) and single family (SP-7) area shall be consistent with the development standards (setbacks, lot size, lot coverage) in the City of Denton toning Ordinance and with Article 7, Section B. Primary Residential Uses, of the Zoning Ordinance. 2. The multi-family area shall be landscaped, 3. No parking will be allowed in the front yard setback. 4. The zero lot lines will have a minimum of S'000 square foot lots (SO x 100) and sball be consistent with the developpment standards for single family (SF-7) unliss otherwise shown on the comprehensive s to plan. S. A 24 foot Section Of Edwards koad will be constructed on south and west sides► of the developmento I 5 a tided by Mr. Sidor and unanimously carried (7.0) D. Z-1750. Petition of L. A. Nelson, representing Janes F. mason and Robert W. Jones, requesting a change in iOft1h9 from the agricultural {A) class if lest too to the light industrial (LI) class ication on 95.26S acres. The ppropperty is located west of I.35M approximstel 3 Soo Feet south of Airport Road (FM 1S~S) and shown n the o. S. Brewster Survey.; Abstract No. S6 and tke T. W. ® Daugherty Survey, Abstract No, 3S6. 11 the zoning change is approved, the property ■ry be utilized for any land use permitted in the light industrial (LI) classification by the City of Denton toning Ordinance. Six notices were mailed to property owners within 200 feet; no reply forms wwra recelved in favor or in opposition. PETITIONER: Mr. Nelson representing the owners of the 'p1r5porty,'stated that light industrial uses exist in the general area thAt property adjacent and south is occuppis y Moore But ass Forms Systems. He continued they be love the application to be consistent with lke existin4`toning in that particular area. He said In area annexation pto- ceedings , it was their thinking that more property should be annexed and at that time their 90 acre tract was brorght into the city. He sold the northern portion of the tract is under contract for immediate purchase bl a Fortune SOO com~+anyy contingent upon zoning. He added that whatever utilities are needed will be provided. IN FAVOR: None present. OPPWD: Hone present. 11 - STAFF REPORT: Ms. Spivey stated that property Is located in a 51SN'TH-tensity area, that site is inclotdod in the Economic Development Fact Book as a recommet.ded site for industrial uses. She clarified availability of utilities by sayibg that a waterline extends to the northern boundary; of thia property which would have to be cods ltlued southward aloe ;the property frontage and "tract is served by Stwbr facilities. Request is compatible with Development Cuide policies and:'itaff recommends approval, FEBU`TAL: bone offered. Public hearing closed. 1 ^ ?S ti J u',a, }'.fit p!`Y 4~ io y C i R; r r :a..} fl i..n~ l}.7 p •a 1 P p .gyp: ~ fah 1 1E :.f IR ,fir Si rr~ i °1 H 5 1n 1 y 1 3 ~~i~~. l x August b, 198S CITY COUNCIL AGENDA ITEM' TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: G, Chris Hartung, City Manager SUBJECT: Consider Engineering Contract for Design and Award of Construction Contracts for Electric Distribution Lines. RECOMMENDATION The Public Utilities Board, at their meeting of June 19, 1985, recommended to the City Council approval of subject contract. SUMMAR Y Award of this contract would furnish a method of long-term reduction of overload of our electric construction crows since it wv•ild give some construction contract formats which could be used for other work. It would also give a cost for comparison between our own crews versus contractors. BACKGROUND The Electric Utility Distribution Division is presently working 10 hour days and has a backlog of approximately four (4) months work in construction for service to new subdivisions or developments to serve new customers. Construction of new main feeders or maintenance has been postponed indefinitely. Our supervisory personnel are not paid overtime and their mandatory time off is creating unfavorable working conditions. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED Electric Division Engineering, Construction and Maintenance Personnel, Public Utilities Board, Contractors, Developers and City Council. FISCAL IMPACT It will cost more to contract the work, but it is not practicable to hire sufficient permanent employees for ' a workload (growth rate) which may not continue` ind,efly,itely, 3631Us1 ~ v Y ,°\s-L !n i P i 511. 1~1 '7 t "i ~Fr .apt. 1` 1^ ti g$ r ~5 rF, ~ r f' ni ~ iw Esti~pAted Description Not-to-Exceed Man-nays Distrulion Pro ect 1 26 00 Distribution Project 222,000 66 Distribution Project 3 18,o00 55 Source of Funds: Acct. #610-008-02s0-8502 (can be supplemented by transfer of funds originally budgated for engineering position.) Construction contract costs will be charged to the appropriate accounts in Dond funds. Prepared by: Respectfully, Submitted, E. B, Tullos, Asst. 'dir. of fir s Hartung Electric Utilities City Manager A K. 21: Nelson Oivector of Utilities EXHIBIT I Proppoosed Contract-Black b Veatch II Or(iinance III Minutes PUB Meeting ~ 3931U:2 l } ^}4 r., .x .v h~P n 7 r. .x\ 1 a~~Jn ti r,~ T t 's r rl'c \y y r LL1 ,1'` ti AN ORDINANCE APPROVING AN AGREEMENT 82TW=2N THE CITY QF DENTON AND I(L,'ACK i VEATCR FOR ENGINEERING SERVICES IN REGARb TO UTILITY DISTRIIWTION PROJECTS, AND PROVIDING FOR AN ERECTIVL DATE. WHEREAS, it to in the beet interest of the City of Denton to provide for utility distribution projects; and WHEREAS, the city staff and Public Utilities Board has recodaeaded that black i Veatch, Consulting EuS iceers be retained to provide engirieeriag services for utility distribution projects; and VNTREAS, Section 2.36(f) of the Coda of Ordinances requires that the City Council approve all expenditures of sore than $3,000, and t:etEREA8, Section 2.09 of the Chatter oa the CityY of Denton, Taxis requires that every act of tha Council prdvidia for the sxp4r,,'tture of funds: or for the `contracting for in4obtiidneeo tha.1 be by'oedinancrt NOW* THEREFORE., THE CWNCIL OF THE CITY OF DENTON HEREBY ORDAINSs ECTION I. That the Mayor and City Secretary are hereby authorised and directed to execute and attest, respectively, the agrasment between the City of Denton, and black le Veatch, Consultin Engineera, providin; for professional services cosprisial of engineering sarvicee for utility distribution projects under the terse and conditions being contained to said bgreemont which is attached hereto and made a part hereof. SECTION Ito The expenditure of funds to hereby authorized in an amount not to exceed 29 000 for Distribution Project 1, $25,000 for Project 2 red g11,0 for Project 3. SECTION III. That this ordinance shad become affective lemodiately upon its pasesge and approval. PASSED AND APPROVED this the day of , 1985. IETCA' 6`a: 3-tr17AT9 MAYOR Cay Or DERMI TtW ATTk ST s L;nMAAnTg ALLEN CITY NECKOW1 CItY'Ot DttfY'0119 ',TEXAB APPROVED AS TO LEGAL YORNt DISIA'ADANW2 D~tAYOMC110 CITY ATTORNEY CI'T'Y Of 0 , Tun BY tS r x{: ~r. B L A C K` & .V E C' H TEL. 19131 %7.2000 ENGINEERS-ARCHITECTS TELEX 42-6263 IS00 MEADOW LAKE PA(tAWAV MkU403 ADMESS: P.O. 90R NO. 6405 KANSAS CfTV MISSOURI 64114 City of Denton, Texas July 3, 1983 Distribution System Projects Engineering Services City of Denton Municipal' building 215 E. McKinney Street Denton, Texas 76201 Attentions Mr. Ernie Tullos Gentlemeni Thank you for taking time to discuss your upcoming electric distribution syrtem improvements with Bill Burnett and John Harrison in your offices on July 2, 1985. Based on the discussions, we are enclosing two copies of the following revised pages to the General Services Agreement. The second pege of the Agreement • Attachment 21 pages 1 and 2 The second, page of the Agreement hsa been revised to reflect an amount of 1.85 rather than 2.0 times payroll coacs for the actual time of personnel applied to the Services and the payroll allowance of the hundred thirty percent rather than one hundred twenty-five percent. T!e multipi)`f changes are in accordance with our recent telephone conversaV in. In Attachment 2, the maximum not-to-exceed limit costs for services have been revised as follows. Previous Revised Estimated Description Limit Limit Han-Days Distribution Project 1 $29,000 $26,000 78 Distribution Project 2 25,000 220000 66 Distribution Project 3 11,000 180000 55 Ne are wile to offer the reduced limits by .ccounting for the revised multipliers diAcussed above and by reducing the number of field trips required by our personnel. For your information, we are encloaing a list of our electric distribution experience with reprdgentative photographs. This information indicates out experience in pr.:vding the type'of services required for your projects. r 7 ; en0 L7AC Kx tom" 'l~.V~ATG►i City of Denton, Texas 2 July 3, 1985 Mr. Ernie'Tulios If you accept our revised proposals, please return one executed copy of the General. Services Agreerent which contains the revised pages. We appreciate the opportunity to work with the City of Denton, Texas an these projects. Please advise us of the projects for which you require our services and the associated schedules. Very truly yours, BLACK S VEATCH R. M. Ellis dr Enclosures cc: Mr. Robert E. Nelson, w/encl. -1 INA s*A.T6e L"'f'" grd'4 FF'.1 1..:[ k `...k : r F v~~M p- S ~,y'a E~ aL ~"77 'Y + r { GENERAL SERVICES AGREEMENT BETWEEN CITY OF DENTON, TEXAS AND BLACK do VEATCH, ENGC EZRS-ARCHITECIS J~}ej .l CONTENTS ARTICLE I.U - SERVICES TO BE PERFORMED BY ENGINEER ARTICLE 2.0 - TERM OF AGREEMENT ARTICLE 3.0 -COMPENSATION ARTICLE 4.0 PROFESSIONAL OBLIGATIONS OF ENGINEER ARTICLE SA - OPINIONS OF COST AND SCHEDULE ARTICLE 6.0 - LIABILITY AND INDEMNIFICATION ARTICLE. 7.0 - INDEPENDENT CONTRACTOR ARTICLE 8.0 - COMPLIANCE WITH LAWS ARTICLE 9.0 INSUR tNCE ARTICLE 10.0 - rWNER'S RESPONSIBILITIES ARTICLE 11.0 - OWNERSHIP OF DOCUMENTS ARTICLE 12.0 - TERMINATION OF AGREEMENT ARTICLE 13.0 - NOMMSCLOSURE OF PROPRIETARY INFORMATION ARTICLE 14.0 - NOTICE ARTICLE 15.0 U)TCONTROLLABLE FORCES ARTICLE 16.0 - GOVERNING LAW ARTICLE 17.0 - MISCELLANEOUS ARTICLE 18.0 - INTEGRATION AND MODIFICATION ARTICLE 19.0 - SUCCESSORS AND ASSIGNS r 1 y y ~ 11 S i GtNERAL SERVICES AGREEMENT THIS CONTRACT, effective the.. day of , in the year Nineteen Hundred and Eighty five, by and ',ttiyeen the CITY OF DENTON, TEXAS, a municipal corporation oMinized and existing un&r the Home Rule Amendment to the Constitution of Texas (hereinafter referred to as the Owner), `an, BLACK A VEATCH, ENGINEERS-ARCHITECTS (hereinafter referred to as the Engineer), a partnership having princi?als registered as professional engineers in the State of Texas, with principal business office' it Kansas City, MWolla, WITNESSETH: WHEREAS, Owner Is engaged In the operation and maintenance of electric utility facilities; and, WHEREAS, Owner may from time to time undertake Projects related to such facilities; and, WHEREAS, Owner may require certain engineering se.-vices in connection with such Projects (hereinafter referred to as the Services); arid, WHEREAS, Enslnee,r.ls prepared to provide such Services. NOW THEREFORE, in consideration of the premises and the mutual covenants herein con. tained, the pa: ties hereto agree as follows. ARTICLE LO - SERVICES TO BE PERFORMED BY ENGINEER As the need for engineering services arises, Owner will request the services of Engineer. Such requests shall describe Owner's requirements, including the scope of work and the expected schedule. All requests shall be confirmed in writing. Engineer shall review its personnel resources to determine whether qualified individuals are available to satisfy Owner's request. If qualified Individuals are available, Engineer will provide a written response describing the approach to be taken for carrying out the assignments, Engineer's background experience and qualifications for similar assignments, the estimated cost, and the schedule for completion, If mutual agreement is reached, Owner will provide written authorization for Engineer to proceed with the services. ARTICLE 2.0 - 7ERM OF AGREEMENT The term of this General Sttvices Agreement shall be for eighieen (18) months from the date it Is effective, The Agreement may he extended thereafter by mutual written agreement of the parties. ARTICLE 3.0 - COMPENSATION Owner shall pay to the Engineer for the performance of the Services the sum of the following amounts unless the compensation amount Is otherwise stated in the specific task assignment, 9 i i~e+.. • A 1 e " , a p 7 r'y ^ 1 77 7 !C r 1. Thq amount'of 1.8S times payroll costs for the actual time of personnel applied to the 4.0 1' s 2. An amount equal to the actual out-of-pocket cost or standard charges for all expenses Incurred by Engineer directly chargeable to the Services rendered pur- suant to this Agreement. Such expenses shall specifically Include, but are not necessarily Welted to, the following. a. Long distance telephone expenses. b, Standard charges for operating time actually applied to the Services of' Engineer's computer center, other computer centers, and Engineer's auto- mated drafting systems C. ",t% reproductions, word 'processing, printed documents and drawbig control at standard rates, d. Reasonable traveling and living expenses for personnel e. The actual cost padd by the Engineer to third parties, f. Other direct expenses mlated to the Services. Payroll costs include actual salary plus allowances for holidays, vacation, sick leave, FICA and unemployment taxes, wotker's compensation Insurance, and employes benefits including medical insurance, supplemental retirement programs, life Insurance, Incentive compensation, tuition reimbursements, and other miscellaneous benefits. The payroll allowance, exclusive of holidays, shall be fixed fir tae term of this Agreement at one hundred thirty (130) percent of the hourly salary rate. Horaly salary rates shall be equal to the monthly salary divided by the number of regularly scheduled working hours during the Engineer's fiscal month; thus, the allowance for holidays is provided In the hourly "IM.y rate. The Engineer's fiscal month is from the 27th day of each month through the 26th day of the succeeding month. Engineer will submit to Owner monthly invoices for Services performed. Each invoice will be submitted by about the ISth day of the month following the month during wldch such Services were performed. Owner agrees to pay Engineer's monthly Invoice within 30 (Jays after the invoice date and to pay Engineer a carrying charge of 1.12 percent per month (i8 percent per year) or the maximum rate allowed by law, if less, on all amounts remaining unpaid after 60 days following an Invoice date. Owner has the right to audit the time records and salaries of personnel and charges for direct expenses for assignmAnts tot which cost-plus compensation is provided. ARTICLE 4.0 - PROFESSIONAL OBLIGATIONS OF ENGINEER Engineer shall exercW the same degree of care, Mill mid diligence in the performance of the Services as Is ordinarily provleo by a professional engineer under similar circumstances and Engineer shall, at no post to Owner, re-perform services which fail to satisfy the foregoing standard of performince. . k'. r 7777.77`777 f ' yl Engineer, shall not be 'responsible for construction means, methods, techniques, sequences, or procedures;' or for safety precautions and programs in connection with the Services. In addition, Engineer shall not be responsible for any contractor's, subcontractor's, vendor's, or other project participant's [Auto to fulfill their contractual or other responsibilities to the Owner. In no event ah:lt Engineer be responsible for any contractor's, subcontractor's, vendor's, or other project participant's failure to comply with federal, state, or local laws, ordinances, regulations, rules, codes, order3, criteria, or standards. ARTICLE 5.0 OPINIONS OF COST AND SCHEDULE Since Engineer has no control over the cost of labor, materials, eqL `,.nent or services furnshed by others; or over contractors', subcontractors', vendors' methods of determining prices, or over competitive bWdins or market conditions, Engineer's cost estimates still be made on the basis of his experience and qualifications and shall represent his best Judgment as an experienced and qualified professional engineer, familiar with electric utility projects. Likewise, since Engineer has no control over the resources provided by others to meet contract schedules, Engineer's forecast schedules shall be mado on the basis of his experience and qua:;- ficatlons and shall represent his best judgment as an experienced and qualified professional engineer, familiar with electric utility projects. Engineer cannot and does not guarantee that proposals, bids or actual project costs will not vary from his cost estimates or that actual schedule., will not vary from his forecast schedules. ARTICLE 6.0 - LIABILITY AND INDEMNIFICATION 6.1 General. The Owner and Engineer h.1ve considered the risks and potential liabilities that may axist during the performance of the Services and In consideration of the promises included herein agree to allocate such liabilities in accordance with this Article 6.0. Words and phrases used In this Article shall be interpreted In accordance with customary Insurance Industry usage and practice. 6.2 Professional Liability. Engineer agrees to defend and indemnify Owner from and against legal liability for damages arising out of the performance of professional engineering services for Owner where such liability is caused by an error, omission, or negligent act of Engineer or any person or organization for whom Engineer is legally liable. 6.3 Other Liability. Except as provided In subartlele 6.2, Professional Liability, dealing with liabilities associated with the performance of professional services, Engineer agrees to defend and indemnify Owner from and against legal liability for damages because of bodily injury or property dathage caused by an occurrence arising out of Engineer's performance of the Services. 6.4 Defense of Claims and Owner's Indemnity, In the event a claim for damages arising out of the performance of this Agreement Is made against the Owner alleging contributory or con- current, negligence of both Engineer and Owner, Engineer agrees to defend Owner against such claim. In such event, Owner agrees to Indemnify and reimburse Engineer a pro rata share of an expenses of'defense and any judgment or amount paid by Engin4r In resolution of such claim A , IY r r - r r "r )'T i where tuch'pro r.ta'share is based upon tht Ma! jvdIc'0''determlMMn'bf negligence or, i.-1 the absence`bf such determination, by mutual agreetnent In addition,' Owner agrees to defend and Indemnify Engineer from and against damages arising out of Owner's sole negligence: 6.5 Limitations o: Liability, Engineer shall have no liability for special or consequential dam- ages Including, but not limited to, toss of equipment use, loss of profits, cost of capital, cost of replacement power, or similar damages. 6.6 Remedies. Owner's rights and remedies set forth in this Agreement are exclusive and Engineer's liabilitles are limited as set forth herein whether based upon contract, tort (including negligence), or otherwise. ARTICLE 7.0 INDEPENDENT CONTRACTOR Engineer undertakes performance of the Services as an independent contractor and shall be wholly responsible for the methods of performance. Owner shall have no right to supervise directly the methods used but Inerforming Services under this Agreement, rFormance. ErtgIneer shall wok closely with Owner ARTICLE 8.0 COMPLIANCE WITH LAWS Engineer a,,!zees that In performing the Services, Engineer will comply with applicable regula- tory requirements Including federal, state, and local laws, rules, reguiatlons, orders, codes, criteria, and standards. Engineer shall procure tha permits, certificates and licenses necessary to allow Engineer to perform the Services. Engineer shall not be responsible for procuring per- mits, oertificates, and licenses required for the construction of the Project unless such responst- bilitles are specifically assigned to Engineer. ARTICLE 9.0 - INSURANCE Dudry the performance of the Services under this Agreement, Engineer shall maintain the following Insurance. I. Comprehensive General Liability Insurance with bodily injury limits of not less than $540,000 tot each occurrence and not less than $500,000 In the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in tho aggregate, 2, Automobile Liability Insurance with bodily Injury limits of not few than $500,000 for each person and not less than SS00,000 for each accident and with property damage limits of not less than $ I00,060'for each accident. 3, Worker's Compensation Insurance in accordance with statutory requirements and Employers' Liability Insurance with limits of not less than $100,000 for each accident. 4. Professional 1,iabillty Insurance with limits of not less than $3,000,000 annual aggregate. S. Umbrella Insurance pro0ding not less than 510,000,000 limits In excess of the limits stated In Items (1) through (4). Endneer shall furnish Owner certificates of insurance Including the provision, that such Insurance shall not be cancelled without at least ten days written notice to Owner. n 4 A .'r 7't ~Tri 4~-,_~ 'S 5M ARTICLE 10.0 :.OWNER'S RESPONSIBl LITIF,.S Owner shall supply to Englnter, sither directly or indirectly from others, all available informs tion and data which is required by Engineer. Owner shall also be responsible for the following. I. Approve to procedures established io govern the relationships among Owner, Engineer, and third parties. 2. Furnish to Engineer, in writing, all of Owner's requirements for the Project Includ- ing, but not limited to, schedule milestones; any financial con.traints; and any Owner criteria, standards, design objectives or design constraints. 3. Make final engineering and planning decisions utilizing information supplied by Engineer. 4. Provide designated personnel to represent the Owner in matters involving Engineer. S. Provide such accounting, independent cost estimating, and Insurance counseling services as may be required for the Project; such legal services as Owner may require or Engineer may reasonably request with regard to legal issues pertaining to the Project Including any that may be raised by contractors, subcontractors, vendors, or other project participants; such auditing services as Owner may require to ascertain how or for what purpose any contractor, subcontractor, vendor, or other project participant has used the monies paid to hhn; and such inspection services as Owner may require to ascertain that contractors, subcontractors, vendors, or other project participants are complying with any law, rule or regula- tion applicable to their performance of the work. 6. Enter into contract, tot purchase, construction, or other services with contractors, subcontractors, and vendors; provide P-xncing: and make payments in accordance with the terrr+ of the contracrk. Ow, in, assign any responsibility described In this Article 10.0, Items (4) and (5) to Engi- neer by r oviding written instructions to Engineer to act as the Owner's agent and assume responsi' 4tv to behalf of the Owner. ARTICLE 11,0 - OWNERSHIP OF DOCUMENTS All documents including Drawings 40 Specifications pr!pared by Engineer pursuant to this Agreement are instruments of sitvice in respect of the Project, They are not intended or represented to be suitable for reuse by Owner or others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by Engineer for the specific purpose intended % III be at Owner's sole risk and without liability or legal exposure to Engineer; and Owns: shall indemnify and hold h&Inless Engineer for all claims, damages, losses, and expenses Lncluding tittorneys' fees arising out of or resulting therefrom, Any such verification or adaptation will entitle Engineer to further compensation at rates to be agreed upon by Owner and Engineer. ARTICLE. 12.0 - TERMDIATION OF CONTRACT Th+ obligation to provide further services under this Agreement may bo terminated by either party upon seven days' written notice in the event of substantial failure by the other party to petfoim in accordance will, the terms hereof through no fault of the terminating party. t A qr y jjr~ µa., T. '7 ;e3 2 i{ ~'-s+E+r ♦ r~ _ rr ~.'K:: ~11,i '1 V'1'~i,. r, 4yM~~ •r 4 A w #1~ tilt, .r .J, Owner ttalI have the right{ to terminate this Ageemtnt for Owner's convenience upon written notice to Engineer, and Engineer shall terrntnate performance of Services on a schedule accept- for able ai!to OwServices ner. in thi'event of termination for Owner's convenience, Owner shall~pay Engineer performed. ARTICLE 13.0 NONDISCLOSURE OF PROPRIETARY INFORMATION Engineer shall consider all information provided by Owner and all drawings, reports, studies, design calculations, plans, specifications, and other documents resulting from the Engineer's performance of the $ervicts to be proprietary unless such information is available from public wurcea. Engineer shall not publish or disclose proprietary information for any purpose other than the performance of the Services without the prior written authorization of Owner. Engineer shall not make any written or verbal statement to any press or news media concerning the Project without the written authorization of Owner. ARTICLE 14.0 NOTICE Any formal notice, demand, or request required by or made in connection with this Agreement shAl be deemed properly made if personnaliy delivered in writing or deposited lr the United States mall, postage prepaid, to the address specified below, To Engineer: Black & Veatch, Engineers-Architects P. 0. Box 8405 Kansas City, Missouri 64114 Attention: Head, Power Division To Owner: Denton Municipal Utilities 215 East McKinney Denton, Texas 76201 Attention: R. E. Nelson, Director of Utilities Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of Engineer and Owner. ARTICLE 15.0 - UNCONTROLLABLE FORCES Neither tr gineer not Owner shall be considered to be in default of tl.e provisions of this Agree- ment if delays In or failure of performance shall be due to uncontrollable forces the effect of which, by the exercise of reasonable diligence, the nonperforming party could not avoid. The term "uncontrollable forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which Is beyond the control of the nonperforming party. The term "uncontrollable forces" Includes, but is not limited to, fire, actr of trod, flood, earthquakes, storms, lightnbig, epidemic, war, riot, civil disturbance, sabotage, inability •to procure permits, licenses, or "authorizations from any state, local, or federal agency or person for any of the supplies, materials, accesses, or services required to bn provided by either Owner or Engineer under this Agreement, th*es, work slowdowns or other labor disturbances, and Ju•dieh1 restraint. I w r„vY4 r n l 2 { w 41 ;~yl a ~sb 'f, {a ~1 t r ~t~y tl r.~,~~iG W°~i y,'ISi#i 1~ 1ti 1 ~1. d ✓[H Y11y~ap pL .F:w 6^AY r~4 '.1 M , ~ F 4. 11 1 r~ 1~ 1 1 r r 1F Y,~~ :v.` 1 y a "r1. ! Neither party shall, however, be excused from perforaiince'lf nonperformance, Es due to uncoq~ trolNW forces which are rentovableor remediable and which the nonp'erfotntirg poly could 'have{{ with the exercise of teasonable diligence, removed or rem0lated with reasonable dis- patch. The provisions of this Article shall not be interpreted or construed to require Engineer or Owner to prevent, settle; or otherwise avoid a strike, work slowdown, or other labor action.. Tho nonperforming party shall, within a reasonable time of being prevented or delayed from' perforrnt rice by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement ARTICLE 16.0 - GOVERNING LAW This Agreement shall be governed by the laws of the State of Texas. °AP"7`ICLE.17.0 - MISCELLANEOUS 17.1 Nonwaiver. A waiver by either Engineer or Owrer of any breach of a provision of this Agreement shall not be binding upon the waiving party unless such waiver is In writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with ►tspect to any other or further breach, 17.2 Precedence. In the event of conflict, errors, or discrepancies between the declarations or Articles of this Agreement and any mutually agreed written task assignment pursuant to this Agreement, provisions of the written task assignment shall be given precederice over the declarations or Articles in resolving such conflicts, errorm, or discrepancies. 17.3 Severabidty. The invalidity, illegality, unenforceabdity, or occurrence of any other event rendering my portion or provision of this Agreement void shall in Co way affect the validity or fnforceability of any other portion or provision of the Agreement. Any void provision of this Agreement shall be deemed severed from the Agreement and the balance of the Agreeme ht shall be construed and enforced as if the Agreement did not contain the particular portion or provIA sloe held to be void. The provisions of this section shall not prevent, the entire Agreement from being void should a provision which Is of the essence of the Agreement be determined to be void. ARTICLE 18.0 - INTEGRATION ANO MODIFICAVON This Agreement is adopted by Engineer and Owner as a complete and exclusive statement of the terms of the Agreement between Engineer and Owner. This Agreement supersedes all prior agreements, eontrzcts, proposals, representations, negotiations, letters, or other communications between the Engineer and Owner pertaining to the Services, whether written or oral, This Agreement may not be modified unless such modifications are evidenced In writing signed by both Engineer and Owner. yT • j~'•~t ^I ;E'r''., rt! 2, t'" r .S,lf~}ti~4.~ty.~ "'i~.,.~,~~ .tp. ~~f+ ti s 1 4 ~}:1 .•i t ~,.1 1 l4 . a ARTICLE 19.0 SUCCESSORS AND ASSIGNS 19.1 Owner and Engineer each binds itself` and Its directors, officers, partners, successors, executors, administratodl, assign; and legal representatives to the other ~ I atty'to this Agreement and to the directors, officers, partners,' successors, executors, 'admintstrators, assigntl,'and legal representatives of such other party, in respect to all covenants, agreements, and obligations of this Agreement. 19.2 Neither Owner nor Engineer shall assign, sublet, or transfer any rights under or interest in (including, but without limitatia, moNes that may l,acome due or monles that are due) this Agreement without the written tonsent of the other, except as stated in paragraph 19.1 and except to the extent that the- eMct 6f this UrnRation may be restricted by law. Unless specifi- cally stated to th4 contrary ut any wittto consent to an assignment, no essigameht will release or discharge the assignor from any duty or respons;bility under this AglMnent. Nothing con- twined in this pafsgrsph shall provent Fnglnivr from employing such i,tdbpendent consultants, associates, and su6contractor3 as tie may dorm appropriate to assist film In the performance of services renderer. 19,3 Nothing he,tin shall be construed to give any rights or benefits hereunder to anyone other than Owner and Hasineer. IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representatives effective the day and year first above written, ' By . . . . . . . . . . . . . . . . . . . . . ..0.161. . . . . . . bate UP BLACK do VEATCHt ENGINEERS-ARCHITECTS 'By Date Title . (q.4.07NeF~..................... r^-4 l 4 ATTACHMENT 1, ENGINEERING SERVICES SCOPE FOR DISTRIBUTION LINE DESIGN SERVICES TO BE PERFORMED BY THE ENGINEER The distribution line design services to be performed by the Engineer shall Include the follow- ing. 1.0 Project Administration ~y The Engineer shall provide home office project administration services as outlined below, 1.1 Morhor thc; progress of the Engineer's services and expedite the Engineer's strvices as required to maintain the project schedule as agreed between the Owner and the Engineer, 1.2 Maintain files of all correspondence between the Owner and the Engineer, and the Engineer and third parties. Copies of all correspondence between the Engineer and the third parties shall be issued to the Owner. 1,3 Prepare memoranda of all .onferences between the Owner and the Engineer, and the Engineer and third parties. Conference memoranda shall be issued to the Owner within I week of each conference. 1.4 Assign qualified and experienced personnel to the project for pe►iormance of the Engineer's services. 1.5 Administrate construction labor contracts between the Owner and third parties. 1.6 Maintain and pursue a quality assurance program to assure adequate control of the Engineer's services. 2.0 Project Planning and Control The Engineer shall provide project planning and control services as outlined below, 2,1 Prepare, publish, and update Project procedures for engineering communications filing document control, approval, handling, distribution, form, copies, etc., of all correspon• Bence and documents. 2,2 Prepare, and publish, project design memoranda of all design criteria. 2,3 On the basis of general schedule milestones established by the Owner and the Engineer, develop and periodically update bar chart schedules for which include all major project activities. 2.4 Prepare, publish, and update a project cost estimate for budget purposes and the estb mstM allocation of expenditures. r t a ` s « } as 44" } ~'1 + r " d r P . y Ty,:`R f ~ t-~ v lee ~4dry ~ •-,f f q~ y '.'l „i 9yj ~,~Y ,A ~ IN c 2 5 Participate in' planning and design conferences with the )'e( and third pantes as required, 3.0 Permits and Rtahtof-Way it Is understood that Permits and Rlghtof--Ways will be provided by the Owhrr. The Engineer shall provide the Owner's ground RiVeyor with the final line route center line for preparation of right-of-way plots and descriptionti, 4,0 Conceptual Design The Engineer shall provide conceptual design services as outlined below: 4.1 Develop NESC heavy mechanical loading criteria for the analysis and design of the dis- tribution lines 4.2 Review the conductor and nuetral sizes determined by the City as to suitability for meeting the mechanical loading and span length requirements. 4.3 Review the present Insulation practices and line hardware used by the Owner and recommend those applicable to this project. 4.4 Determine the vertical clearances and right-of-way requirements for the project. These requirements will, as a minimum, be based on the NESC. 4.5 Develop basic wood pole structure configurations In a format suitable for subsequent use by the Owner as Distribution Standards. 5.0 Design Engineering The E* ;eer shall provide design engineering services from the results of the conceptual design, as outlined below. 5.1 Develop the structure designs for the distribution lines. Each design shall Include tangent, light angle, medium angle, heavy angla and deadend, as applicable. The str lctures shall be comparable with those currently In use by the Owner malifitd as requited for local conditions 5,2 Prepare all design calculations to determine the final engineering dttails of the distribc tion fines. The calculations shall develop sag and tension data, wire clearances, and wire stringing charts. S.3 Select the oomponents for the distribution fines based on the design calculations. The selecilon where possible will utilize components stocked by the Owner. The final selection of components shall be documented on unit assembly detail drawings prepared In a formal suitable for subsequent use by the Owner as Distribution Standards. ' r a ar rp~ ,.b P FI ws 5, Y r.~7Tp ~ i ,~~7 ~ ~ •.;f i a~ i r I 1°r . C i 1 . t A. 5.4 Spot the :'istribution line'stmOurekana the necessary wke cleruadcesAnd other r related lnforr ation on the p',an drawings. The plan drawings will be developed tram`s general ground survey prepared by the Engineer or, ffrom drawings `furnlshed by the Owner. 1 5.5 Provide pole staking sheets for all distribution facilities Indicating the materists to be installed, removed and transferr ed at each pole location. 6.0 Material and Equipment Procurement the Engineer shall provide material procurement services as outlined below. 6.1 It Is understood that the Owner will fumish most of the material and equipment required for the distribution lines from the Owners stock, The Engineer shall prepare an itemized list of material and equipment required for the project. 7.0 Construction Cuatracts 'The Engineer shall provide construction contract services for the work to outlined below, 7.1 Prepare complete specifications and contract documents for field construction of the distribution lines In such a manner that fixed cost bids can be received for the construc- tion work. The specification shall include provisions for furnishing of selected material and equipment as designated by the Owner. 7.2 f%sue specifications and documents for bids. 7.3 Prepare a list of recommended bidders for the construction. 7.4 Issue specifications and documents to the Owner for review. Revise specifications and documents as requested by the Owner. 7,5 Prepare cost estimates for each construction specification. 7.6 Evaluate the qualifications of all prospective bidders who request bidding documents and advise the Owner as whether those bids should be accepted. 7.7 . Review the proposals received, prepare bid evaluations, and make recommendations to the Owner. 7.8 Prepare conformed copies of all specifications as directed by the Owner for formal contract execution by the Owner. 7.9 Review, index, and distribute afl shop drawings, handle all correspondence with con• tractors regarding coordination of drawings, drawing approval, delivery, etc. Maintain files of contractors' drawings for transmittal to the construction' vnttictor and to the Owner. Y YAYJ ~~r } At4. S Na lAa iti.(S ♦e.i A ah +r d, 3 ~r~'$'4K*fT$~~;f'°~~,6i,erp~eF1~7 f2T,1rFa„'r ~A~~•7Ahi 1~[z!~+req~:y'~l ~P:d ~ti f id en { ¢I 'i1 ~ e.iT'+ ( . 0.P,.. h .5~1,.~ r K,'!. 1 F 'Y i( 7 74~. 7,10 Prew, 6 change ord rs for modifications to the plans and specifications when requlred. 7.11 Review progress payment invoices and make recommendations for payment by the Ownes.. 8.0 Construction Management The Engineer shall provide construction management services as outlined below. 8.1 It is understood that the Owner will provide regular daily construction management ser- vices. The Engineer shall provide periodic visits, approximately once each month, by appropriate design personnel to the project site during the construction period to assist the Owner as required. 9.0 Engineering Completion After the completion of construction, the Engineer shall provide the following services to com- plete the project design records. 9.1 Conform the construction drawings to agree with the construction records malntained by contractor and the Owner's personnel. 9.2 Deliver the tracings of the Engineer'% material, equipment and construction drawings to the Owner. 9.3 Maintain a centralized project file for future reference containing copies of project memoranda, correspondence, and documents. SERVICES TO BE PERFORMED BY THE OWNER The services to be performed by the Owner will generally Include the following. 1.0 Project Administration The Owner will provide project administration activities as generally outlined below. 1.1 Provide the Engineer with standard forms, documents, general conditions, and special conditions which the Owner may wish the Engineer to use In the performance of the Engineer's services. 1.2 Enter into contracts for construction and material procurement, 1.3 Enter into engineering related contracts for detailed ground surveys, legal surveys, aerial surveys, soils Investigation, and other specialized consultants as may be required. 1.4 Provide contract administration not specifically included in the Engineer's services. 1.S Provide timely decisions concerning the Engineer's services as may be requested by the Engineer. r ' i r ; .F i ~ S~ ~ ~Q'0 y~~r.. ,~.I~ < R~,x ,.e ~ ~ A y w.; ~ v t~i r Jae. i` ~ .h Sj~ 1'~ f I ' ~ . ~ W r t. y x , ek~ ~'tt ~ v. . wa d FL ~ m r~ sJ+~ r s', rl 1.6 Coordinate and submit all required applications to federal or state `agemles as required for the construction and operation of the project. 1.7 Participate In the preparation, updating, review, and approval of those documents pro- vided by the Engineer to the Owner for plan A-is and control of the Project. 1.8 Inform the Engineer of any regulatory requirement changes of which the Owner may become aware and which may effect the Engineer's services. 2.0 Project Planning and Control The Owner will provide project planning activities as generally outlined below. 2.1 Provide the Engineer with Owner data as may be available and necessary to prepare conceptual design. 2.2 Assist the Engineer In obtaining data from other public or private utilities and agancles which may be available as necessary, 2.3 Research and furnish the Engineer with documents of all existing state, federal or Owner right-of-way required for the project. 2.4 Provide the Engineer the regulatory requirements of all federal, state, and local regulatory agencies concerned with the project. 3.0 Permits and Right-of-Way The awner will provide permits and right-of-way services as generally outlined below. 3.1 Provide a timely decision concerning the final routes. 3.2 Acquire all right-of-way and permits. 3.3 Coordinate and prepare programs, exhibits, and expert testimony, and make formal presentations of same for public information meettnss and hearbntgs for the project, as required, 3.4 Provide all necessary legal services, as required for property acquisitions, permit applica- tions, public agency hearings, and condemnation proceedings. 33 Submit applications for pemits for the construction and operation of the pe3ject to the governing Agencies. 3.6 Provide what documents the Owner has in its possession concerning easements of existing distribution lines required tot the project. 3.7 Settle claims for construction damages with landowners or tenants. p, t N 5 ~Y ~f Y r. .ur a § 1, ♦5 i t t u } i FW r1' 'j mi s<t. fi 1 f p 1+ 5 9 8' k . w1 Y ! " 'Y RT r 0, 'G Lr ~ ~r r~ ~ ~ wtt 1~ rr r_~'r i r Y tai r~" rSr~+~ ~ ~a•., 4.0 Conceptual Design The owner will provide conceptual engineering services as generally Outlined below. 4.1 Review and approve the basic distribution line structures recommended by tho Engineer. 4.2 Review and approve the equipment and materials recommended by the En&e't'+ . 4,3 Review and approve project design memoranda and related project conceptual documents recommended by the Engineer. 5.0 Design Engineering The Owner will provide design engineering services as generally outlined below. 5.1 Provide available' standards and stock numbers that should be followed in developing the distribution One designs. 5,2 Provide the Engineer with available drawings and documents concerning existing facilities involved in the Project. 5.3 Select the conductor and neutral wire. 5.4 Dettmaine structure configuration and provide information as may be available con- cerning Owner's standard distribution structure drawings and details as may be applicable to the project. 6.0 Material and Equipment Procurement The Owner will provide procurement services as generally outlined below, 6,1 Review the Engineer's List of Required Material and Equipment and advise the Engineer of items selected for furnishing by the Owner. 7.0 Constwctlon Contract The Owner will provide construction contract services as generally outlined below. 7,1 Select bidders. 7.2 Review the Engineer's specifications and documents, request any necessary changes In a timely manner, and authorize the Engineer to Issue the specifications and documents for bids. 7.3 Advertise for bids as required. 7.4 Award contract for construction. 8.0 Construction Management The Owner will provide all Construction management services required for this Project. 9.0 Engineering Completion (By The Engineer) Review and approve drxwinga'conformed to construction records. r e tir y , 1 t Bk +T ,1 e ''kr M1 ~ y t 'a 1.1 Y; y+J+ 5 "~y'A "n1 7 a°gz { t~. ,tA 'a. ~ G. ~ ~ q, 1<j ~'ty pp~ ATTACHMENT 2 PROJECTION DESCRIPTIONS FOR DISTRIBUTION LINE DES16N The Scope of Services described by Attachment l to this agreement shall b,I provided by the Engineer for the Distribution Projects generally described as follows. DISTRIBUTION PROJECT 1 This distribution project consists of approximately 6 miles of three-phase 4/0 AAC with No. 2 AWO neutral outlined on fourteen sheets of Owner furnished distribution layout, referenced "LIFT STATION TO RAW WATER PUMP 2181-LAKE DALLAS ALTERNATE," dated 10/20/82. There is an underground portion of approximately 10$0 feet included In this circuit. There rv111 also be group operated disconnect switches for serv14 the loads from either connect. ing circuit. The Engineer shall provide the Eneineering services associated with this distribution project in accordance with Article 3.0 of this agreement with a maximum not-to-exceed limit of 526,000. W. DISTRIBUTION PROJECT 2 The first portion of this Distribution Project generally consists of approximately .75 miles of three-phase distribution paralleling the 138 kV Airport Sub, Feeder north from structure 4/7 to the south side of U.S. 380, opposite structure 5/4. The constriction is anticipated to be wood, armless, with 795 AAC. The second portion of Project 2 consists of approximately 1.2 miles of similar three-phase distribution, from Audrea tare to McKinney using cross arm and ridge pin construction, with height and strength for a second circuit. The third portion of Project 2 consists of approximately 1.4 mles of three-phase, armless, 795 AAC construction paralleling future Loop 288 extension. The fourth and last portion of Project 2 consists of approximately ,SO miles of three-phase distribution, along the railroad and State Highway 221 At the Andrew Corporation, using 795 AAC. The construction is anticipated to be wood cromarm with height and strength for two additional circuits. The Engineer shall provide the engineering services associated with this distribution project in accordance with Article 3.0 of this agreement with a maximum not-t"xceed limit of $22,000.00. DISTRIBUTION PROJECT 3 The first portion of this distribution project generally consists of approximately 1.8 miles of reconductorins and upgrading the three-phase 2/0 AWO to 477 AAC, c►ossarm construction, from State Highway 214 south along MayhW Road past the sewer plant. F, T w.',,. M ✓ ' '!r l '~~~1F ~y lh,. 4"'r i t;d ; q~iFr?AS~fl 'fFT4"f `FJ`/ ~S p9! a 'r'. y. i J! i Y~,eis e r { } . r^ r t s The second portion of Distribution Project 3 involves approximately 1,2 miles of circuit upgrade for the circuit west from MayhOl Road Mons State Highway 214 to Loop 288 and south along Loop 288 to Mors Street, The Engineer ahaU provide the Snglneering services associated with this distribution pr<rject in accordance with Article 3.0 or this agreement, with maximum not•to4xceed` Vmit of $18,000,00. t i, yv 4$„~~~~~^rv°5~g'~',~ YI G~fy §~~hi~iY'~„.• i ice. n. •1 a ~x r~ bra 4-~k, ~P' ~p'~y. n-I A ~ , r t ~ r ~-k { 4~P Vf r.. 4° M ~ • 1 _ r~ ~i ' r YI l,r / X a Y t 1 / t, i 14"11 X~t rNO~N y~; ~ f Columbus and Southern Ohio Electric Company 13.8 kV -f ertnlnatota; Reactors, and Re3utators Ca AI . y 'MI y' t Y i 1 Y ' III FOP;' 1 41 11'; ,T o .I • al ; ~'z v4,~ . ''I Ifl' ~ i I I~ I II' i } r .w lows' 1Publlc Setlvka Company pty or Vero Beaohttiodda i 3.8 kV Dadend Structure 13.9 kV 1Wer Structure i Rz, w r 4 7 `t'1 h rr, ilr r rv. 711 W`T111i1tJ1'telN ~ ~tkt+tswlMNOti Rn ; Iowa Public SeMC4 Company AS kV Substation f I Orlando Utititiea Comminlon AS kV Indoor Swllchsea`r Chid Vero Beach, godda d9 kV TnnsmGalOn Llne with: 13.8 kV Underbulb ; f x BLACK A V>EATCH EN43INEERINO EXPEI~IE CE DiftwoutON PROXECTS Voltage Olent and Project Dws .l ption Clays MUD Year kV Alexandria, Louisiana Distribution Expansion (Several Projects) Is 12 1963-65 Distribution Twin Bridges 15 6 1982 Atlantic, Iowa Distribution Studies 1957-69 City Loop IS 12 1969 D:4tribution Expansion 15 2 1974 Austin, Minnesota Rehabilitation of Existing 15/5 to 1965 Underground Commercial Distribution System Bangladesh Power Development Board Bangladesh 35 33 1965 Clarksville, Arkansas Distribution Studies and Design S 16 1957-64 UistOution Expansion 15 13 1969 Colorado Springs, Colorado Underground Distribution System is 1 1974 for Candiewood Apartment Complex Distribution Dealgn Standards 35 1974 Underground East Pakistan Water and Power Development Authority D'stribution System Rebuild 11 42 1965 Dacca Area 3S 23 1966 Chittagong Area 3S 17 1966 Garnett, Kansas Distribution System Design 35 4 1968 s~"`"`~~rTM47YSyi•' .aYi },''~R '3+1~ flY,4`Kt 'Ik ,`y^ r~1''.'?'f7~dT#'S.. yxi i.. }'f~4 ai ',r S . ,M+ja1; ter'+o I "F 1 'lolfage , Client and Protect Deiacription Class Miles Year kV Greenwood, South Carolina Continuing Etgineering Services is 40 1960-Present for City Eleutric Distribution System Guam, M.1. - Naval Facilities Engineering Command Tangutsson Point Plant Number 1 35 1 1968 to Harmon Substation Underground Hannon Substation to Barrigaos 35 4 1972 Marbo Substation Underground Hastings, Nebraska Design Overhead Spacer Cable 35 0.5 1969 0stributionCircuits to Connect S Now Substation to Existing System 13.8 kV Substation Tie Circuit is 3 1969 Load Center and Underground Distribution for 3,000 kW Shopping Center Load Loop 'Cie Circuit 35 3 1970 Overhead Spacer Cable Is 3 1972 Loop Extension to Connect New 35 015 1972 Subst,ition to Existing System High Point, North Carolina l Substation Tie Circuits 1967.69 i Iowa Public Service Company Study and Design to Convert 5 kV is 10 1969 Circuits Feeding Commercial Areas In Waterloo, Iowa, to 13.8 kV Study and Design to Convert 4.16 kV is 6 1972 Underground Circuits Feeding Downtown Sioux City, Iowa, to 13.8 kV Kansas City Pc ver & Light Company Detali Planning and Design for Is 80 1968 Converting 4.16 kV Distribution Areas to 13.2 kV y i` ' r ;•z; tea ' fl ~3~.W~ib y ♦~J+~1'~4r`1f" q~n ~ Y ~41. F~x '~a+ rY FfMY2 hV .,t YttF l~~ 7ca.•A 4c r ~x.~. d+ h`f'~ ~Y +a, i,~ ~ IWnr i Voltage Client and Project Deaeription Class Miles Yeir kV > Loveland, Colorado Horseshoe Substation Circuits Is 3 1979 Study and Design Underground 15 18 1990 Distribution S kV Conversion Overhead and Underground Rural Downtown Study Conversion to Distribution 25 12 1982 ' Voltage Marshall, Missouri Distribution System Design tS 8 1964 Substation Feeder Additions IS 3 1969 Missouri Power and Light Company Study, and Design to Convert Overhead Is S 1979.80 4.10 kV Downtown Jefferson City, Missouri, to 12.47 kV Underground Missouri Public Service Company Relocation of Subtransmisslon 35 5.S 1966-68 and Distribution Lines is 9.6 Naperville, Illinois Distribution Lines IS 4 1973 Niles, Michigan Distribution System Expansion 35 8 1969 Orlando Utilities Commission Electric Distribution System 1967 Study 1972 Public Service Company of Oklahoma Underground IS kV Construction 15 3 1978 System for Black Fox Nuclear Power Plant Royal Commission, Saudi Arabia Juball Industrial Community 35 300 1979-81 Underground Distribution 15 600 1979-81 XI~A E° c1~ 'es i YYI . Z°p i m`hL tk~4 `"h ~ f C~ n 1 t~ M.Ma., l P ~ d. Voltage itnd Prot Description Class ear . kV ` Troy, Ohio Distribution System Design is 3 1968 Engineering Services for 15 1.5 1969 Conversion from S kV Two Rivers, Wisconsin Design System Improvements 15 10 1964 Rebuild S 20 1968 Conversion from S kV 15 5 1912 Vero Beach, Florida Engineering Planning, Design, and 15 75 1960-84 Construction Distribution is 4 1982 r w Ip L T., t4 -n n4 n; 7 c al+ P' 'iy y ; X. ! f 7 N7 7 Y iM, Public Vtilitiee Board Minutes July 3P 1985 8(5), CONSIDER 'INOINEERINJ CONTRACT FOA DISTRIBUTION LINE DESIGN. , Tullos compared the projected costs for this item from Black and Veatch and Lutal Daily, and grain. Nelson indicated that project one may be deleted, but would update the Board when a decision is reached. Thompson made a motion to award Black and Veatch the engineering contract for design and award of construction j contracts for e, eotrio distribution lines. Second by Boyd. !lotion oarried. i j t d° t d x yr ♦ $ .xy'f ~"J' 7 ~MV Ind°~ S ~•aF k N'i G ',~J l ' I -A. I n vv S .M i~ ~ Lt nrw;, a 7e 'f''d ,.rk use ' S i LEGAL DEPAR RENT MEMbRANOt1M Debra Adami Dragovitcb, City Attorney Joe D. Norris, Assistant City Attorney Robert as hunter, Assistant City Attorney TO: Honorable Mayor & Members of the City Council Chris Hartung, City Manager FROM: Debra A. Drayovitch, City Attorney SUBJECT: Ordinance on Cumulative Zoning DATE: July 31, 1985 As you know at the Council meeting of July 16, the City Council enacted Ordinance No. 85-137 amending the zoning code to provide non-cumulative zoning. The ordinance submitted contained a six months "grandfather" clause which was approved by the Planning & Zoning Commission. Jeff Meyer, Director of Planning, recommended a change to a 3-1/2 year grandfather clauses The Council adopted the ordinance with the 3-1/2 year. provision. When we rewrote this sedtion, a question arose as to whether a developer could build on the property under the terms of the old ordinance only if a building permit was issued by December 31, 1988. We via to at lenggth with members of the Building Inspection Department who advised us that it would be more feasible to require that appli- cations for permits be submitted by December 31, 3188. By the tine the ordinance provision was so revised, it was too late to meet the Charter requirements that it be publishid twice within ten days. Thus, we are submitting the ordinance for another vote so that there will be no question as to the enforceability of the ordinance. I would recommend adoption of the attached ordinance* in pass- ing, I would also recommend that if a decision is made to amend the City Charter, we consider deleting the requirement in Section 2.09(c) that mandates publication of a penal ordinance within ten days and have the ordinance becomo ef:ective 10 days after publication. If ;:ju have any questions relative to this matter, please do not hesitate to let me know. Respectfully submitted, 4t _L~ /6 DEBRA A. DRAYOVITC11v I DAD 6 ,j s q, r a 4 y s , r' c Y t r c' ..~5 G, k bl .,:4 arl r , ` r a,;. NO. AN ORDINANCE AMENDING APPENDIX B-ZONINO OF THE CODE OF ORDINANCES OF THE CI'T'Y OF DENTON, TEXAS TO PAOHISIT RESIDENTIAL. BUILDINGS AND USES IN ALL NONRESIDENTIAL ZONING DISTRICTS EXCEPT THE CENTRAL BUSINESS DISTRICT; AMEND;NO THE AREA REGULATIONS APPLICABLE TO s ZONING DISTRICTS, PROVIDING FOR A MAXIMUM PENALTY OF $1000,00 FOR VIOLATIONS THERT`OF; PROVIDING FOR A SEVERABILITY 'CLAUSE; AND PROVIDING FUR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS1 SECTION 1. That 118, Primary Residential Uses" of the Schedule of Uses of Article 7 of Appendix B•Zoning of the Code of Ordinances is hereby amended to read As follows 4 rl'+~ e o oil s r.+ A*OAW Is saersa wa fdl a 1 1 I 1 s a r... 14 &M o► r" s r.eaw of rwir r.a. ►.a / 1 a PAde 1 p . F~`yv53v ,it1 Fi^~ r;~-.'rvk ~~~l~Ca z> ~ 6 ~'s ~ ~b Y t ~'f V yF:~ { ~ h a ~Y ln~°4 ,4 i8 SECTION It. -That the schedule of mininuu- lot areal for residential districts of Article 13. (A) (1) (a) of Appeadix B-Zoning of the Code of Ordinances is amended to read as folloxat (a) SCHEDULE MINIMUM LOT AREAS IN SQUARC FEET 04 Tt/1 Vol n IN e..alw NOW "at aw tatf►hr+M a+.NM AMr1d so am NN NN esM D..Vfyo«r.tM.u.l. ssN am aN ow"* uN NM r. o.wTfa.swAr SECTION III. That the schedule of minimum lot areas for nonresidential districts of Article 13. (e) (1) (b) of Appendix B-Zoning of the Code of Ordinances is repealed. SECTION IV. That the schedule of minimum lot vidthe for residential 'districts of Article 13. B. (1) (a) of Appendix $-Zoning of the Code of Ordinances is amended to read as followsf (a) SCHEDULE MINIMUM LOT WIDTHS t,r uM p.~Ny edNMf IN IN N 1e M M N N N R LeN eM.IMy aNMaia M N N N N N N ~ N N N N N SLNyIr►.~ OwYly N N N PAGE i b I14, Fig 3 h F.,xr n .y. v{ 5gi~f aye '~}1E 6*.Y rri P: f~'CM s.~ l sa 7 i ~ r v{ t 'a.N y,+ F -)n "r I 7 "'ij ..a i1 a r 1 T ~ a . . r . SECTION V: r That the schedule of minimum lot widths for, nonresidential districts of Article 13. b,.(1) (b) of Appendix B-Zonin8 of the Code of Ordinances is repealed. SECTION VI. ' That the schedule of minimum lot depths for residential districts of Article 13. C. (1) (a) of Appendix B-ZoninS of the Code of Ordinances is amended to read as fo .3vat a SCHEDULE MINIMUM LOT DEPTHSsSrr 13 1 f $I- jl- 21 MY- !O- Kr- C1 A 16- t -14 f 14 TYPE USE 7 i Rl O~ ~ Y .ray Y Y Y O ~ ~ A NINIMUH DEPTH or LOT IN rEET rOR 130 120 120 120 100 100 100 100 100 100 RESIDENTIAL USES SECTION VII. That the schedule of minimum lot depths for nonresidential districts of Article 134 C. (1) (b) of Appendix B-Zoning of the Code of Ordinances is repealad. SECTION VIII. That the schedules of maximum buildinS coverage for residential districts and maximum fl.or area ratios for nonresidential districts of Article 13. D. (1) (a) and (b) of Appendix B-Zoning of the Code of Ordinances are amended to read as folloust a SCHEDULE MAXIMUMM BUI IN COVERAGE A St- 0- Sr- St- 2t -K 1?-1 MY-2 GD 14 W Y a a Y Y Y Y O'N TYPE USE Y~ MAXIM UN PERCENT oe LOT AREA WHICR MAY 20 is fs is 33 40 ao as ao ao BE COVERED BY BUILDING IN RESIDENTIAL USE PACS 3 s. ~°.u r e +4.'3 nU ~ 4 SY'F`44h S °-a. ~ rW :tv rf r. ~ s er +c N T 4 rn ~`~x~~ ` J~,t.rp 'tH r C. :Rl r'1 ~r:$ t Y~` k i , r j r2.n D . ' th P,.' xr w~,} 3xi x .Xi. _ n -S fro a; i i .,~,A tii,...k t!~. z•t`i b SCHEDME NAXINUM h,A.R. - NRESIDENTIAL 0 STRICT P 0 ;Is CA C C6 Ll III TYPE USE 5 0 etas goo NAximum rLOOR AREA- LOT AREA RATIO T__ - 2 1 is~t til lei i SECTION IX. That Article 13. F. (1) (b) of Appendix d•Zoning of the Coda of Ordinances is amended to read as folLowas (b) In the Central Butine3e Zoning District (CB) the side yard for residential uses aliall be the some at is required in the NF•l dietrAct. No side yard is specified for non-residential uses except as indicated in Article is 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 exeeedi ; One Thousand Dollars ($1 000.0. Each such person shall be der ed guilty, of a separate offense or each and every day or portion thereof during which any vijlation of this ordinance is committed, or continued, and upon conviction of any such violations such person shall be punished within the limits above. SECTIOP XI. That if any section, subsection, paraggraph, sentence, clause, phrase or word in this ordinance, or a-plication thereof to any arson or circumstance is held invalid ~y any court of competent 3urisdietion, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texae, hereby declares it would have enacted such remaining portions despite Any such invalidity. BC,C'1'ION XII. That Ordinance No. 85.131, as enacted by the City Council on the 16th day of July, 14859 is hereby repealed. SECTION XIII. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secrstarqq is hereby diractod to cause the caption and penalty clause of thin ordinance to be published twice ih the Mnton Racord•Chroniole, the official nevopaper of the City of uenton, Texas, within ten (10) days of PACE 4 y"i4+. f .~7,a~, •;R ♦ i.`. v x. y1'r°3'. t, o '.j1 y'!k'~`"r.t 9 9 ~e° C , A: ,a9 +v , y1 y:,t^d f~v" a y ° { 4 va M♦ n °1, 1' i r i Y' # ly Y Y k S e the date of its paasage• provided however, that an which, o the affective Jate of thle ordinance, in y tuned proaiartn a "Office ~0)", "14Lthbonc~od Service (NS)"w" ((CR)'Commercial (Q)" "Li ht Tnd trialneral Retail Service Industrial Bonin S (LI)" or )'Heavy (M)" g district clrasificatLon, may be used for an of the user listed in 9 Primary Residential Uses" of the schedule of uses of Article Apporfdix D-ZoninS, if such use wag a permitted use for auePj property immadiiitely prior to the effective date of this drdinancei in accordance with a valid building permit issued for such use, if the application, drewin8s, din thenBuilding Officialoon or efo ebDece berp31 1988Ye submitted to PASSED AND APPROVED this the day of , 1985.' : CITY Of DLNTON, TE~(AS now ATTEST: CITY OF VENTOMj TEXAS APPROVED DEBRA ADAMI DTO L90AL FOR., RAYOVTCHj CITY ATTORNEY CITY OF DENTON, TEXAS BY: PACE S ixr;a '3.'. `4 fit. qr. ~+K4 Za ,:1 as k .t7: »y ',,,;a ~4° ~ ~~a1:i n~ ~ ~f .s 3t a 'tM- ~ ~k y ~'.CY• ° f tv - l I;kf 8 : 5-1-85 CITY COUNCIL"REPORT FORMAT TO Mayor and Members of the City Council FP.OM: G. Chris Hartung, City Manager SUBJECT; }carry Weisbrod Associates, Inc. Independent Contractor's Agreement RECOMMENDATION Recommend that the Council approve an Ordinance that will authorise funds for payment to a consultant, Ratty.W'eisbro3, for services performed in anaiyzing'City of Denton ppersonnel practices for compliance with Fair Labor Standerds Act regulations. SUMMARY: This consultant will provide the technical assistance needed to determine and implement alternatives to cur-rent practices wW h'will restrict City liability under the`FLSA, Services will consist of determining exempt/nonexempt status of all•City posith"ns; 'computing backpay due for overtime/compensatory time balances as of July 23, 1985; revising'policies'and de- BACKGROUND: signing recordkeeping methods; and performing analyses to determine what other steps are necessary for us to comply with FLSA regulations The services of this consultant will provide the expertise needed and will expedite decisions and changes necessary to comply with PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: the law° ; All City Employees °1 EJ. FISCAL IMPACT; Services will be paid for from Account #100-.004-020N-8927$ Respectful1 submi ted: G, CKY13 HIM City Manager Pra ared by: J.AJ ?I e Nfir~ejKathryn srey, TIM Director of Personnel mployee Relations aaa tty McKean Title Assistant CitX lanacer ? YA-'~ 4t5 I at" 0I :v Wo7Y' y 4: 1 r _ - 9i ~y , y ~;v I Sa' s f Cl 1► i~t D NT0N, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76101 / TELEPHONE (07) S66•810 MEMORANDUM DATE: July 31, 1985 TO: Betty McKean Assistant City Manager FFCM: Kathryn Usrey, Director Personnel/Employee Wations SUBJECT: Consultant for Fair Labor Standards Compliance On Tuesday, August 60 we have two items on the Council Agenda regarding the use of a consultant for analyzing City of Denton practices for compliance with the Fair Labor Standards Act: 1. An ordinance authorizing an agreement with Harry Weisbrod Associates, Inc, of Dallas 2. An Independent Contractor's Agreement, We have investigated Mr. Weisbrod's background and found that he has considerable expertise in 1iage and Hour issues. He nas 35 years experience in the enforcement of the FLSA. From 1960 to 1977, he was Assistant Director for the Dallas office of the Wage-Hour Division of the Department of LAbor. Since 1978, he has represented and consulted hundreds of employers in many VKListries on Wage-Hour matters. Mr, Weisbrod has written four books, numerous 'articles, and has conducted many seminars on compliance with and enforcement of the FLSA. In the last few months, he has consulted with San Antonio, Arlington, Highland Park, Terrell, and Gatesvilles Texas 9-1 their efforts to comply with the FLSA. We called the City of Arlington for a reference on Mr. Weisbrod, and the Personnel office there highly recommends him, He apparently works rapidly and has extensive knowledge of the ^egulations. She indicated that he spent six days with them and that his connection with the Wage-Hour Division proved most valuable in expediting the decision-:Waking process. rt `'Rr ,1` b. P .f A: n° .'Aa 1/:a: ~ w . sk,< 1 iz;., z R 1},,.,. .;4• ,v , .i~.'.,:. ~rn4 a r wa~7 .LC, ' xt~oi t nZ` 9 3 nip 1 ~ rte( Y F ...1,FL~t, 'fV7 Consultant toi~ Fair' Labor $indards Cdnpliance Page 2 Mr. Weisbrod indicated that he can show us how to significantly reduce and/or eliminate the payment of backpay and compensatory time accruals. In these issues alone, he could offset the Lost of his services, He, will also determine exempt/nonexempt status of all positions, revise policies and recordkeepirg methods, and perform analyses to determine what other steps are necessary for us to comply with the law. We contacted Mr, Weisbrod on Wednesday, July 31, to discuss his availability and his rates. He will be available to us on Monday, August ,5. He estimates that it will require three to `five days over the next month to complete the project at a cost of $2,100 - $3,500 {5700 per day, $85 per hour) plus mileng6 expense from Dallas, Y reCanm,TW that we contract with Mr, Weisbrod to consult with the City of Denton in'our efforts to V-Pit City liability under FLSA regulations. t yn #Us"ay0itector Per onnel/EhWoyee Fellations /sj 0721z/0088P/p3-4 08311120 ;f r x ' ':k _7 RW 1112L + . _ NO. AN ORDINANCE AUTHORIZING AN AGREEMENT WIN HARRY WBIS8ROD ASSOCIATES, INC. RELATING TO CONSULTING SERVICES REGIRDING 14PLEMZNlATION OF FAIR LABOR STANDARD5 ACT AND DECLARING AN t k'F'ECTIVE DATE. %1iFREAS, it is in the best interest of the City of Denton to detetsdne examot and non-exempt statue of all city positions and to ensure complisace with the fair Labor Standards Act; and WHEREAS, Section 2.36(f) of tho Code of Ordinences requires that the city Council approve all expenditures of more then $3,000, and WHEREAS, Section 2.09 of the Charter of the City of Denton, Texas requires that every act of the Council providingg for the expenditure of funds or for the contracting for indebtedneas 3ha11 be by ordinance; NGK, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor and City Secretary are hereby authorized and directed to execute and attest, resppactively, the agreement between the City of Denton, and Harry Wsiabrod Associates Inc., providing for professional services relating to the determination of exempt and non-exempt City positionaj recommandaton of policies and recordkeeping cathode and the recommendaton of actions to comply with the Fair Labor Standards Act under the terms and conditions contained in said agreement which is attached hereto and made a part hereof. SECTION It. That this ordinance shall become effactivu immediately upon its passage and approval. PASSED AND APPROVED chic the day of r , 1985. RICHARD Do STEWARTj MANOR CITY OF DENTON. TEXAS ATTEST: CRXWTF ALLEN, 17Y"64L'ItLR'M CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEEM ADAMI DRAYOVIICH, CITY ATTORNEY (13-01 OF DENTON, TEXAS BYI AMA- 7ldAJd A 04 k 1 Y d G~ v I r S k J*1, It Alf "1 1 THE STATE OF TEXAS ~ AGREEMENT BETWEEN THE CITY OF DENTON COUNTY OF )ENTON y AND HARRY WEiSBROD ASSOCIATES, INC. KNOW ALL MEN BY THESE PRESENTS: The City of Denton, Texas, a NunicipaL Home Rule City situated In Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager and Harry Weiabrod Associates, Ina., hereinafter called "Consultant", heraby mutually agree as follows: 1, SERVICES TO BE PERFORMED: City hereby retains Consultant to perform the hereinafter designated services and Consultant agrees to perform the following aervicest A. Determine exempt/non-exempt statue of all City positions. 8. Recommend policies and recordkeeping methodot, C. Recommend actions to comply with the Fair La!wor Standards Act. 2. COMPENSATION rO BE PAID CONSULTANT: City agrees to pay Consultant for the servi.:es performed hereunder as followas A. Seven Hundred Dollars ($)100.00) per day, plus reimbursement for mileage expenses from Dallas to Denton, with total ppayyeent not to exceed Five Thousand Dollars ($j 00,00), pa sent will be aide upon completion of the services and after Consultant has aubmittod a statement, i. SUPERVISION AND CONijWL BY CITY: It is mutually understood and agreed by and betweon City and Consultant that Consultant is an independent Consultant and shall not be deemed to be or con- sidered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sLck leave benefits, worker's compensation, or any other City employee benefit. The City shall have supervision and control of Consultant and any employee of Consultanto and it In expressly understood that Consultant shall perform the services hereunder at the direction of and to thr, satisfaction of the City Manager of the City of Denton or his designse under this agreements i 4. S C6 0 FUNDS I All payments to Consultant under this agrsemont are to be paid by the City from funds approrriated by PACE 1 the City Council for such purposes in the Budget of the City of Denton. 5. INSURANCE, Consultant shall provide at his 'own cost and expense workmen's compensation insurance, liability insurance, and ■ll other insurance necessary to protect Consultant in the operation of Consultant;e business. 6. TCRNINATION: This contract may 1[a terminated, or the scope of work hereunder may be modified by, City at any time without penalty; provided the Consultant will be entitled to compensation for work completed prior to such termination. EXECUTED this _ day of , 1985. CITY OF DENTON, TEXAS RMHARD 0. , RKYOR ATTESTS CKARLOTTE ► CITY CRY CITY Or DENTON, TEXAS APPROVED AS TO LEGAL FOAM DEBRA ADANI DRAYOVITCN, CITY ATTORNEY CITY OF DENTON, TEXAS BY: A Y61~Q Wd2zi ctcssyt~CA - HARRY VCISBAOD ASSOCIATES, INC,, CONSULTANT BYI FAO$ 1 yy F yv .p ; 7yi. i~. t; • .a [j`Y d' ~[T r,Y?.fT w. 9e •[F .r`:r ,,,Pb- in "L61 k& iLEGAL DEPARTMENT MEMO Debra Adami DrayovitcA, City Attorney Joe D, Norris, Assistant City Attorney Robert 8, Hunter, Assistant City Attorney JUL I I TO: Chris Hartung, City Manager FROM: Debra A. Drayoviteh, City Attorney SUBJECT: Amendment to Section 27-24 (d) of the "Wrec.er" Chapter DATE: July 11, 1985 At your request, I am writing in reference to a request from a gentleman that we amend the above referenced section of the wrecker" Chapter of our Code of Ordinances to provide an alternativ6 method of security. The present Code provision reads as follows: A copy of a certificate of a "garagekeepers" liability insurance policy insuring the tuw service, and the city as an additional named insured, for liability for property damage to any vehicle, or contents thereof, in its care, cuutody and control as a result of providing towing ser- vices in an amount of not less than twenty-five thousand dollars ($25,000.00). It is my understanding that this amendment was adopted last fall after the City had encountered several problems with claims from individuals alleging that their automobiles were damaged as a result of being towed; the cars were towed by a wrecker selected from a towing list of the Police Department, It is possible to amend the ordinance to provide for the substitution of a bond or the deposit of money with the City in lieu of such insurance policy, An applicant could place the sum of $25. 1 in an escrow account, which may be paid out by the City when City find& and determines that property damage to any vehicle, or contents thereof has occurred as a result of providing towing services. ~ ~d ':,L Sw 7 _u- 5'•'^k t.1°a .+fr5' ~ Y rar;. •j a, r b. r ~'al r 1 e% 14 i kr ! kry v b n' a !,p 7777 I I Chris Hartung July I1, 1985 Page Two However, it should be understood that the City will have to appoint someone to administer such escrow accounts, to process and handle claim6 made and make a final determination as to whether a claimant should be paid. Thus, from an administrative standpoint such an ordinance amendment may not be feasible. Should you have any questions, please advise. "*YOVITCH LAD s j s tq O 7 f ~ JULt21985 Y CITY MVMGJ ,y.~UF~! ~"F ( CITY OF DENTON MEMORANDUM TOs Rick Svehla, Assistant City Manager FROM3 Gary L. Matheson, Administrative Captain, Police Department 5Ui'JECTs Wrecker Service Insurance DATE1 July 111 1985 One of the local wrecker services has requested to place $25,000 in a private bank account in lieu of the required insurance coverage. Vhe Police Department is of the opinion that allowing such a practice would place the City in the precarious role of an insurance agent/adjuster should any claims be filed against the wrecker company. Accordingly, we wo prefer that the request be denied. Cary L, Matheson Administrative Captain Police Department yF A 'A