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HomeMy WebLinkAbout06-03-1986 AC~~ Nd~ 0 r040 lu Lei: cbu to 7:Sv ox 3.19 8!~ AGENDA CITY OF DENTON CITY COUNCIL June 3, 1986 Work Session of t4ho City of Denton City Council on Tuesday, June 3, 1986, at 5:s0 p.m. in the Civil Defense Room of the Municipal Building at which the following items will be considered: 5:30 p.m. 1. Hold a discussion on the City of Denton's position regarding financial responsibility for indigent health care. 2. Hold a discussion and consider approval of request for proposal for independent auditing services. 3. Receive a report on ,roposal from Denton County Tax Appraisal District regarding tax collection for the City of Denton. 4, Hold a discussion on calendar of available dates for follow-up meetings on City Council retreat goals and objectives. 51 Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. (see item #11) is. Real Estate Under 'Sec. 2(f), Art, 6252-17 V.A.T,S. (see item 012) C. Personnel/Board Appointments Under Sec, 2(g), Art 6252-17 V.A,T.S. (see item #13) Regular Meeting of the City of Denton City Council on Tuesday, June 3, 1986, 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 May 2U, 1986. 2. Consider approval of a resolution in appreciation of Thomas Chastain. 31 Consider presentation of awards for beautification effort to the City. 4. Consider presentation of the proposed budget for Flow Memorial Hospital. City of Lennon City Council Agenda June 3, 1986 Page Two 5. Consider approval of Kappa Sigma Fraternity holding a ''barbecque and reception at 2026 west Oak on June 21, 1986 dtrom 6:30 p.m, until 11:00 p.m. and allowing tin outside loudspeaker to be used. 6. Appearance by Mr. Chris Caudle regarding drainage problems on Old Lee Court. t- 7. Public Hearings: A. S-167. Petition of the Cumberland Presbyterian F LTi Tc7ren's Home requesting an amendment to Specific Use Permit (5-167). The property is located at the southwest corner of Bernard and C' Greenlee streets and is further described as 1304 Bernard Street, Lot 1, Block 1, of the Cumberland Presbyterian Children's Home Addition for a total of 17.327 acres. If the request is approved the amendment will allow the construction of an activities building that is not included on the original site plan, (The Planning and Zoning Commission recommends approval.) 1. Consider adoption of an ordinance approving an amendment to specific use permit (S-167). B. Z-17U9, Petition of Burke Engineering, representing Tri-Steel Structures, requesting a change in zoning from the agricultural (A) classification to the office (0) classification. The tract is five (5) acres of land situated west of and abutting Masch Branch Road and north of U. S. Highway 380 and more fully described as lot 1, block 1, Tri-Steel Headquarters Addition. If the zoning change is approved, the property may be utilized for any land use permitted in the office (U) classification by the City of Denton Zoning Ordinance, (The Planning and Zoning Commission recommends approval,) 1. Consider adoption of an ordinance approving a change in zoning on a five (5) acre tract of land situated west of and abutting Masch Branch Road and north of U. S. Highway 380. C, Z-1798. Petition of Ana Rocco Pena requesting an amendment to an existing 14.057 acre planned development located on the east side of Riney Road adjacent and south of U,S, Highway 77 and north of Windsor Drive at a point approximately 220 feet east of the intersection of Riney Road and Windsor Drive. The current planned development permits the development of thirty one (31) single family dwellings and one retirement/ City of Denton City Council Agenda June 3, 1986 Page Three recovery center. The proposed amendment would permit the development of a church on a 5.8 acre portion of the single family site. (The Planning and Zoning Commission recommends approval.) 1. Adoption of an ordinance approvin an amendment to an existing 14.057 acre planned development located on the east side of Riney Road adjacent and south of U.S. Highway 77 and north of Windsor Drive. 8. Consent Agenda: Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. Listed below are bids and purchase orders to be approved for payment under the Ordinance section of the agenda. Detailed back-up information is attached to the ordinances (Agenda items 9.A and 9.B). This listing is provided on the Consent Agenda to allow Council Members to discuss any item prior to approval of the ordinance. A. Bids: 1. Bid 0 9607 - CIP Utilities/State School waterline 2. Bid #9621 - Lease of scraper B. Plats and Replats: 1. Approval of final replat of Blocks 8 and 9 of the Hillside Addition; Lots 1, 21 7, and 8, block 4, of the G. M. Greenlee Addition; and all of Block 1 and part of Blocks 2, 4, and 5 of the Hinson and Vanden's Addition (Cumberland Presbyterian Children's Home Addition). Me Planning and Zoning Commission recommends approval.) 2. LApproval ondonderry oAddition, preliminary y1, plat 1, (The Planning and Zoning Commission recommends approval,) City of Denton City Council Agenda June 3, 1986 Page Four 3. Approval of preliminary plat of the Whitney Park Addition. (The Planning and Zoning Commission recommends approval.) 4. Approval of preliminary plat of the South Denton Industrial Park Addition, Lot 1, Block 1. (The Planning and Zoning Commission recommends approval.) C. Final Payment: 1. Approval of the final payment to Jo Storer for the Hobson Lane/ 377 waterline oversize participation agreement in the amount of $50,578.70. (The Public Utilities Board recommends approval.) 9. 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. B. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. C. Consider adoption of an ordinance and service plan instituting annexation of approximately 66.42 acres situated in the Moreau Forrest Survey, Abstract 417, and beginning adjacent and east of Geesling Road, south of U.S. Highway 380 Past, and west of Trinity Road. (A•36) D. Consider adoption of an ordinance approving an amendment of planned development (PD-12) on an approximately 78 acre tract located on the west side of Interstate 35h approximately 2,SOO feet south of State School Road, (Z-1705) B. Consider adoption of an ordinance accepting the conveyance of deed from the trust for public land of 16.0455 acres of land located in the H. Carter survey, Abstract No. 2810 City and County of Denton, Texas. (The Parks and Recreation Board recommends approval.) F. Consider ado}~tion of an ordinance providing for one-way traffic from south to north on the oast frontage road of Interstate Highway 35 between Highway 380 and Highway 77, and for one-way traffic from north to south on the west frontage pia City of Denton City Council Agenda June 3, 1986 Page give road of Interstate highway 35 between 380 and F.M. 1173; providing for a penalty in the maximum amount of 200.00 for violations thereof. (The Citizens traffic Safety Support Commission recommends approval.) .G. Consider adoption of an ordinance accepting the dedication by plat of a drainage easement from Ali A1-Khafaji. 10. Resolutions: A. Consider approval of a resolution temporarily closing Pembrooke and Lynhurst Streets at the intersection of Pennsylvania and Longridge on July 12, 1986 from the hours of 4:00 p.m. until 10:0U p.m. for the purpose of having a neighborhood block party. B. Consider approval of a resolution authorizing the Mayor to approve requests made through the County Commissioners Court for extension of services and requests for the naming of streets in the extra territorial jursidiction of the City of Denton. C. Consider approval of a resolution agreeing to contribute a proportional share of the cost of updating the Greater Dallas Mobility Study. D. Consider approval of a resolution changing the date of the regular City Council meeting ofg June 17 to June 10, 1986. 11. (receive a report and discuss the status of the lease agreement between the City of Denton and Maverick Aircraft, Inc. 12. Receive a report on the status of the proposed asset transfer of Flow Memorial Hospital, 13. Consider approval of an appointment to the North Central Texas Council o[ Governments's Executive Baard of a regional citizen rei.osentative. 14. Miscellaneous matters from the City Manager. 15. New business: This item provides a section for Council Members to suggest items for future agendas. City of Denton City Council Agenda June 3, 1986 Page Six 16. 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/board Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. 17, 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 1 certify thal. the above notice of meeting was posted on the bulletin board at the City Hall of the City of De ton, Texas, on the s day of - , 1986 at 4`9 o' clock (a.m.} U111 bhL;KhLAKT 2211C AGENDA CITY OF DENTON CITY COUNCIL June 3, 1986 Work Session of the City of Denton City Council on Tuesday, June 3, 1986, at 5:30 p.m. in the Civil Defense Room of the Municipal Building at which the following items will be considered: 5:30 p.m. 1. Hold a discussion on the City of Denton's position regarding financial responsibility for indigent health care. 2. Hold a discussion and consider approval of request for proposal for independent auditing services. 3. Receive a report on proposal from Denton Cuunty Tax Appraisal District regarding tax collection for the City of Denton. 4. Hold a discussion on calendar of available dates for follow-up meetings on City Council retreat goals and objectives. S. Executive Session: A. Legal, ;clatters Under Sec, 2(e), Art. 6252-17 V.A.T.S. (see item #11) 8. Real Estate Under Sec, 2(f), Art. 6252-17 V.A.T.S. (see item #12) C. Personnel/hoard Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. (see item #13) Regular Meeting of the City of Denton City Council on Tuesday, June 3, 1986, at 7:00 p.m, in the Council Chambers of the Municipal Building at which the following items will be considered: 7: 00 p. at. 1. Consider approval of the Minutes of the Regular Meeting of May 201 1986. 2. Consider approval of a resolution in appreciation of Thomas Chastain, 3. Consider presentation of awards for beautification effort to the City. 4, Consider presentation of the proposed budget for Flow Memorial Hospital, xis City of Denton City Council Agenda June 3, 1986 Page Two 5. Consider approval of Kappa Sigma Fraternity holding a bxrbeque and reception at 2026 West Oak on June 21, 1986 from 6:30,m, until 11:00 p.m. and allowing an outside loudspeaker to be used. 6. Appearance by Mr. Chris Caudle regarding drainage problems on Old Lee Court, 7. Public hearings: A, S-167. Petition o.: the Cumberland Presbyterian Children's Home requesting an amendment to Specific Use Permit (5-167). The property is located at the southwest corner of Bernard and Greenlee streets and is further described as 1304 Bernard Street, Lot 1, Block 1, of the Cumberland Presbyterian Children's Home Addition for a total of 17.327 acres. If the request is approved the amendment will allow the constructior of an activities building that is not included on the original site plan. (The Planning and Zoning Commission recommends approval,) 1. Consider adoption of an ordinance approving an amendment to specific use permit (S-167). B. Z-17U9. Petition of Burke Engineering, representing Tri-Steel Structures, requesting a change in zoning from the agricultural (A) classification to the office (0) classification. The tract is five (5) acres of land situated west of and abutting Masch Branch Road and north of U. S. Highway 380 and more fully described as lot 1, block 1, Tri-Steel Headquarters Addition. If the zoning change is approved, the property may be utilized for any land use permitted in the office (U) classification by the City of Denton Zoning Ordinance. (The Planning and Zoning Commission recommends approval.) 11 Consider adoption of an ordinance approving a change in zoning on a five (5) acre tract of land situated west of and abutting Masch Branch Road and north of U. S. Highway 380. Ca Z-1798. Petition of Ana Rocco Pena requesting an am n ment to an existing 14.057 acre planned development located on the east side of Riney Road adjacent and south of U.S. Highway 77 and north o Windsoir Drive at a point approximately 220 feet east of the intersection of Riney Road and Windsoir Drive. The current planned development permits the development of thirty one (31) single family dwellings and one retirement/ City of Denton City Council Agenda June 3, 1986 Page Three recovery center. The proposed amendment would permit the development of a church on a 5.8 acre portion of the single family site. (The Planning and Zoning Commission recommends approval.) 1. Adoption of an ordinance approving an amendment to an existing 14.057 acre planned development located on the east side of Riney Road adjacent and south of U.S. Highway 77 and north of Windsor Drive. 8. Consent Agenda: Each of these items is recommended 'by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. Listed below are bids and purchase orders to be approved for payment. under the Ordinance section of the agenda. Detailed back-v- information is attached to the ordinances (Agenda items 9.A and 9.B). This listing is provided on the Consent Agenda to allow Council Members to discuss any item prior to approval of the ordinance. A. Bids: 1. Bid # 9607 - C1P Utilities/State School waterline 2. Bid #9621 - Lease of scraper B. Plats and Replats: 1. Approval of final replat of Blocks 8 and 9 of the Hillside Addition; Lots 1, 20 7, and 8, Block 4, of the G. M. Greenlee Addition; and all of Block 1 and part of Blo,.-ks 2, N, and 5 of the Hinson and Vanden's Addition (Cumberland Presbyterian Children's Home Addition). (The Planning and Zoning Commission recommends approval.) 2. Approval of preliminary plat of the Londonderry Addition, Lot 1, Bloc,% 1. (The Planning and Zoning Commission recommends approval.) City of Denton City Council Agenda June 3, 1986 Page Four 30 Approval of preliminary plat of the Whitney Paris Addition. (The Piannin and Zoning Commission recommends approval.1 4. Approval of preliminary plat c` the South Denton Industrial Park Addition, Lot 1, Block 1. (The Planning and Zoning Commission recommends approval,) C. Final Payment: 1. Approval of the final payment to Jo Storer for tho Hobson Lane/ 377 waterline oversize participation agreement in the amount of $500578.70. (The Public Utilities Board recommends approval.) 9. 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. B, Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. C, Consider adoption of ai, ordinance and service plan instituting annexation of approximately 66.42 acres situated in the Moreau Forrest Survey, Abstract 417, and beginning adjacent and east of Geesling Road, south of U.S. Highway 380 Bast, and'west of 't'rinity Road. (A-36) D, Consider adoption of an ordinance approving an amendment of planned development (PD-12) on an approximately 78 acre tract located on the west side of Interstate 35k approximately 2,500 feet south of State School Road. (Z-1705) 1S, Consider adoption of an ordinance accepting the conveyance of deed from the trust for public land of 16.0455 acres of land located in the H. Carter Survey, Abstract No. 281, City and County of Denton, Texas. (The Parks and Recreation Board recommends approval.) F. Consider ado tion of an ordinance providing for one-way traffic from south to north on the east frontage road of Interstate Highway 35 between Highway 380 and Highway 77, and for one-way traffic from north to south on the west frontage y City of Denton City Council Agenda June 3, 1986 Page Five road of Interstate Highway 3S between 380 and F.M. 1173; providing for a pcaalty in the maximum amount of $200.00 for violations thereof. (The Citizens Traffic safety Support Commission recommends approval.) G. Consider adoption of an ordinance accepting the dedication by plat of a drainage easement from Ali Al-IKhafaji. 10. Resolutions: A. Consider approval of a resolution temporarily closing Pembrooke and Lynhurst Streets at the intersection of Pennsylvania and Longridge on July 12, 1986 from the hours of 4:00 p.m. until 10:00 P.M. for the purpose of having a neighborhood block party. B. Consider approval of a resolution authorizing the Mayor to approve requests made through the County Commissioners Court for extension of services and requests for the naming of streets in the extra-territorial jursidiction of the City of Denton. C. Consider approval of a resolution agreeing to contribute a proportional share of the cost of updating the Greater Dallas Mobility Study. D. Consider approval of a resolution changing the date of the regular City Council meeting of June 17 to June 10, 1986. I1. Receive a report and discuss the status of the lease agreement between the City of Denton and Maverick Aircraft, inc. 12. Receive a report on the status of the proposed asset transfer of Flow Memorial Hospital. 13. Consider approval of an appointment to the North Central Texas Council of Governments's Executive Board of a regional citizen representative. 14. Miscellaneous matters from the City Manager. 15. New Business: This item provides a section for Council Members to suggest items for future agendas. 1 City of Denton City Council Agenda June 3, 1986 Page Six 16. Executive Session: A. Legal Matters Under Sec. 2(a), Art. 6252-17 V.A.T.S. B. Real Estate Under Sec. 2(f), Art. 6252-17 V. A. T. S. C. Personnel /Board Appointments Under Sec. 2(g), Art 6252-17 V.A.T.S. 17. Official Action on Executive Session Items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments C E R T I F I C A T E I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on he day of , 1986 at o'clock (a.t) p.m. 2211C . 10 .ry vi.Sr .Y~r`,` }r? ~t4 112 Cf'yof Dfirf oN, TSXAa MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8200 Office of the City Manager M E A U R A N D U M T0: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager DATE: May 30, 1986 SUBJECT: UENTUN COUNTY COMMUNICATION DATED MAY 2U, 19d6 REGARDING INDIGENT CARE EXPENSES By means of the attached correspondence, Uenton. County has officially asked the City's position regarding funding for indigent health care. As Council is aware, the City of Denton has, from time to time, provided capital improvement funds for Flow Memorial Hospital but has contended tnat the indigent health care cost was a County responsibility. with the passage of senate Bill 1 , this position has been called Into question by the County and some contend that the City is now legally responsible for a portion of indigent neaitn care costs. As tnis issue has been discussed from time to time during the last several months, individual Council Members nave taken a position that indigent health care should remain a function to be funded by the entire County and snould not oecome a City obligation. It has been recognized that tnis position might be subject to legal challenge but it was felt to be a position which was legitimate and proper. Tnerefore, unless Council Members nave second tnougnts auout this position, it is recommended that the position be restated in a form approvea by toe City legal counsel and transmitted to the county Commission. ,e4442~ oy marrell ~~~44- ca 2219C wstns rev Lq MAALM n11aMCr 1 M WCM10 p+7) 362-400e 417) 4647410 MAIN !r .1ACOM ' s. a. Mwnim PRECINCT 2 PRECINCT 4 (214) 436.3721 (617) 462.3413 SUDIN COt,a, JUDGE 401 W, HICKORY Istr) 5664585 09NION COUNTY COMMMSIONE" COURT DUILMNO Z t E W, SYCAMORE, DENTON, TEXAS 76901 0 ltif4f+2p pr (E} n U344" May 20, 1966 2 2 Honorable Ray Stephens, Mayor City of Mon 21.E E. McKinney i,. Denton, TX 76201 Dear Mayor Stephens: As you are probably awaro, the Indigent Health Care and Treatment Act, adopted as S.B. 10 first Called Session, 69th regislature, defines responsibility for certain medical services for indigent persons. Basically the Act requires a public hospital to provide either inpatient or outpatient hospital services, or all services provided in the cVerating year proceeding January It 198S, whichever is greater. These services must be provided to eligible residents as (Defined, either in the Act or by eligibility standards 4in existence during the operating year proceeding January It 1985, whichever is greater. t appears that Flow Memorial Hospital is a public hospital as defined in. the Act. Section 1.2.03 of the Act provides that "each governmental entity that owns, operates, or losses a public hospital shall provide sufficient funding to the hospital to provide the health care assistance required by this Act." Section 14.01 of the -Act provides that "notwithstanding any other provision of law, if a public hwpitai owned, operated, or leased by a governmental entity is sold or leaned to another person on or after January 1, 1965, the lame or loss* of the pudic hospital does not offset the governaental entity's obligation to provide the health cars services the public hospital provided during that period." Those provisions are effective September It 1986. Since these provisions place financial obligations upon governmental entities that owTn, operate, or lease a public hospital, the Commissioners Court is attempting to determine the County's obligations, if any, for the next fiscal you, for indigent health care. In that regard, it would be helpful if the City of Denton would indicate its position on the financial responsibility, if any, of the City of Denton after September It 1986, for indigent health care. As we are presently preparing the County budget for the next fiscal year, your prompt response would be appreciated. Sincerely youre,___. be R• tv Acting ty stodge *A/bb DATE: May 299 1986 CITY COUNCIL REPORT FORMAT TO: Mayor and Me*ers of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: REQUEST FOR PROPOSAL FOR INDEPENOEW T AUDITING SERVICES SUMMARY: Engagement for fiscal audit services BACKGROUND: Annual Audit Reports FISCAL IMPACT: None Budget impact J Respp'C'Itf fly subm t d: J G~C✓'.-/ o errs City Manager ar by: Prep A0 F r e Senior Secretary Approved: ks; ~ JW F. C ra e rector of Finance 1429F CITY OF DENTON, TEXAS REQUEST FOR PROPOSAL FOR INDEPENDENT AUDITING SERVICES MAY, 1986 7111 BACKGROUND INFORMATION Nature of Request The City of Denton is requesting proposals from certified public accounting firms to perform financial and compliance audits for the fiscal year beginning October 1, 1986, and ending September 30, 1987. Please note that the intent of the City of Denton is to engage an auditing firm for a maximum period of three (3) consecutive years. City of Denton - General ln£ormation The City of Denton is a rapidly growing community and county seat located in the center of Denton, approximately forty (40) miles northwest of downtown Dallas. The re are approximately 46.8 miles of land included in the City't corporate boundary, and the estimated population at October 1, 1985, was 60,000. (The 1980 Census was 48,063). The City was incorporated on September 26, 1886 and operates under tho Council-Manager form of government. The City Council is comprised of a Mayor and six (6) members. The laity Manager is appointed by the Council and as chief administrative officer is responsible for appointing and supervising the i,eads of City departments. Services provided by the City under general governmental functions include office and fire p protection, health services, planning and engineering, code► enforcement, street maintenance, z traffic control, parks operation and maintenance, recreation and library services. In addition, electric services, water and sewer services, and solid waste collection and disposal services are provided under an Enterprise Fund concept, with user charges set by the City Council to ensure adequate coverage of operating expenses and payments on outstanding debt, with participant fees covering the cost of providing the programs. Equipment maintenance, printing, interoffice mail delivery, central warehouse services, and property and casualty insurance services are provided through Internal Service funds. Approved 1985-86 budgets for the City's major operating and debt service funds are presented in Exhibit I. The 1985-86 City budget provides for 834 permanent, full-time employees in all funds. Other statistical information is presented in Exhibit 11 attached. Accounting Process - Related Systems The City's accounting records for general governmental operations are maintained on a modified accrual oasis, with revenues being recorded when available and measurable, and expenditures being recorded when the services or goods are received and the liabilities are incurred. Accounting records for the City's enterprise funds are maintained on the accrual basis. 3 mom The general ledger accounting system is automated through utilization of the City's mainframe computer IBM 4361. The mainframe computer and a central Data Processing staff also support the following automated systems: - accounts payable - accounts receivable fixed assets account (currently being implemented) payroll -utility billing warehouse inventory control tax collections A new fixed asset accounting system is presently being implemented which will provide significantly greater management control and information than the present manual recordings. Urganizational Responsibility for the Accounting Function The City of Denton Accounting division falls under the general supervision of the Director of Finance, who reports to the City Manager. The Assistant Director of Finance reports to the Director of Finance and is the head of the division. The present staff of the Accounting Department consists of ten O U) positions as follows: Assistant Director of Finance Senior Accountant Accountant (3) Account Clerk (S) Secretarial support is accomplished through Finance Administration with large tasks processed through the Word Processing Center. 4 GENERAL. CONDITIONS - SCOPE OF AUDIT Scope of Audits For each of the three (3) fiscal years covered by the proposal, the audit shall include an examination of the financial. statements of all accounts and funds of the City. Such examination shall be made in accordance with generally accepted auditing standards promulgated by the American Institute of Certified Public Accountants and in accordance with the laws of the State of Texas. In addition, as required by regulations of the U.S. office of Revenue Sharing, Office of the Secretary of the 'treasury, the annual audit engagement shall include an examination of the City's Revenue Sharing funds administration. Specifically, the examination is to be performed in accordance with generally accepted government auditing standards, and is to include a financial report on all funds, a compliance audit of revenue Sharing funds, an auditors' report on the study and evaluation of the City's internal accounting controls, and should address any other applicable requirements that the Office of Revenue Sharing may prescribe. The City has complied with audit regulations relating to the use of Revenue Sharing funds through the fiscal year ended September 30, 1985. The City has been notified that the Revenue Sharing program comes under the purview of the Single Audit Act of 1984 as the law becomes effective for fiscal years beginning after December 31, 1984. This engagement is to include examinations to comply with the Single Audit Act. S Current Federal and State Grants as of May 309 1986 U. S, Departanent of Housing 4 development Rental Rehabilitation $113s578 Mental Rehabilitation 1U00000 CDBG FY 87 4709384 CDBG FY 86 677,918 CDBG FY 85 6149918 Uffice of the Governor Criminal Justice Division Crime Prevention 5 8,402 Crime Prevention 4 13,407 Texas Rehabilitation Commission Recreation Services 4 Training Model $75,485 Recreation Services 4 'training Model 700000 FAA Airports Division, Department of Transportation Airport Improvement $468050U Airport Master Plan Study 340691 Office of Revenue Sharing, Department of Treasury Revenue Sharing $4799502 The city may, at its discretion, request the Auditor to perform other audits or reviews not specifically provided for in this section. If such a request is made, the Auditor shall submit a separate proposal for completing the engagement, along with a proposed fee, 6 Reports Required At the conclusion of each year's audit, the following reports are to be provided by the auditor: 1. The Auditor shall provide two hundred (200) copies of the Comprehensive Annual Financial Report (CAFR), bound and printed on regular letter-size (8 1/2" x 1111) paper. The CAFR shall be prepared in accordance with the most recently issued Governmental Accounting and Financial Reporting Principles (GAAFR), as promulgated by the Governmental Accounting Standar(ts Board (GASB) of the Financial Accounting Foundations, and in the format and with the content necessary in the opinion of the Auditor to receive the Certificate of Conformance in Financial Reporting issued by the Government Finance officers Association of the U.S. and Canada (GFOA). The CAFR shall include the Auditor's report on examination of the financial statements of the City. All financial statements shall be prepared by the Auditor. The letter of transmittal, which shall be addressed to the Mayor and City Council and the City Manager from the financial officer of the City, 7 r'§f -~..-.-i.......-eta _ ; r - _ shall be prepared by the City. The Statistical Section of the CAYR Shall be prepared by the City, subject to review and approval by the Auditor. The CAfR cover design and printing shall be performed by the City. Printing and binding/assembly of the entire report shall be performed by the Auditor. 2, The Auditor shall observe the adequacy of the City's system of internal control. if deficiencies are noted, or if in the opinion of the Auditor comments and recommendations for improving internal control should be made, such comments and recommendations shall be included in a separate management letter. This letter shall be addressed to the Mayor and City Council, but shall be reviewed in draft form with the Director of Finance and the Assistant Director of Finance before it is prepared in final form. The Auditor shall provide twenty (20) copies of the final Management Letter, 3, The Auditor shall provide twenty (20) copies of a report of determination of 8 compliance and opinion of same relating to the General Revenue Sharing program in conformance with the requirements of the Office of Revenue Sharing. 4. The Auditor shall provide twenty (20) copies of a report of determination of compliance and opinion relating to the OMB Circular A-128 (Single Audit Act) in conformance with the Act. S. The Auditor will provide at least one copy of all work papers to be provided witnin thirty (30) days after completion of 'AFK delivery. Exit Conference The Huditor shall meet with the Director of Finance, and the Assistant Director of Finance upon completion of all field work to review all audit adjustments to financial statements and management letter findings, This meeting shall take place prior to preparation of the draft management letter, Statements and Records to be Provided by the City The City shall have closed and balanced all accounts and have computer generated preliminary financial statements, subject to subsequent client and audit adjustments, for all funds to be examined by the Auditor, including the following: 9 '.;?Y-~i,"!py^rt' axi'Tf-r F.at 77,, ' 717W~ ylr• } _ ..s t 1. Combined statements: a. Combined balance sheet for all fund types and account groups; b. Combined statements of revenues, expenditures, and changes in fund balances for all governmental fund types; C* Combined statement of revenues, expenditures, and changes in fund balance (budget and actual) for general and special revenue fund types; and d. Combined statements of revenues, expenses, and changes in retained earnings (or equity) for all proprietary fund types. 2. Combining statements of each particular fund by fund type: a. Combining statements (balance sheet and statements of revenues, expenditure/ expenses and changes in fund balance/retained earnings) for all fund types for which the City maintains more titan one fund. Service Ntiraished to the Kuditor The City shall provide the space and facilities necessary for the Auditor to conduct the examination. In addition, all information, data, reports, and records necessary for carrying lu . ,mss +.a* out the work shall be furnished to the auditor without charge, and the City shall cooperate with the Auditor in every reasonable way to ensure timely completion of the audit. Work Schedule It is anticipated that the City's financial records for the prior fiscal year will be ready for the Auditor's examination beginning in mid-November, with the Comprehensive Annual Financial Report and all other final audit reports to be presented to the City Council by the end of December. With these dates in mind, a proposed work schedule for completion of the annual audit process has been prepared and is attached as Exhibit III. The proposal shall include a response to this proposed work schedule, including recommended changes if the schedule is not acceptable, Ai gnment.of Auditing Staff and changes in Assigned Staff it is understood by the City that the individuals specified in the Auditor's Proposal are the individuals who will actually do the work associated with the City audit. The City reserves the right to approve or disapprove any change to the assigned staff named in the Proposal, whether such change occurs prior to or during the engagement. The City shall be provided with a resume of any proposed substitute and shall be given the opportunity to interview that person prior to its decision to approvo or disapprove. 11 Certificate of Achievement The City has earned the Certificate of Achievement in Financial Reporting awarded by the Government Finance Officers Association of the U.S, and Canada for two (2) consecutive years, for fiscal year 1982-83 and 1983-84, and has applied for fiscal year 1984-85. It is the intent of the City to remain in receipt of the Certificate and expect the audit firm to assist whenever possible and comply with GFOA's high data and presentation standards necessary for the continued attainment of the Certificate. AUDITOR SELECTION CRITERIA Final selection of the Auditor will be made by the Den-'on City Council. Although not intended to be all-inclusive, following is a list of factors which will be considered in making the selection. All data presented in response to this RFY is required to specifically address the experience of the firm's local office. 1. Extent and quality of the governmental auditing experience of the firm, basad on information provided by the firm as well as references of former and present clients; 2. Experience, and qualifications of person who will be assigned to do the actual work; 3. Existing and future time commitments of persons assigned to the project; 12 4. Proven ability of the firm to meet work schedules and communicate effectively with government officials; 5. Completeness of the project approach outlined in the Proposal; b. Auditor's demonstrated understanding of the City's requireme,:ts and the Auditor's plan for meeting them; 7. Degree of assurance by the Auditor that audit procedures will minimize disruptions of the City's normal activities and ensure timely completion of the audit; 8. Degree of assurance by the Auditor that technical assistance and advice will be available to the city when requested throughout the engagement period subject to limitations mutually agreed to; 9. Proven ability of the firm and the persons assigned to the project to assist former and present clients in successfully obtaining the Certificate of Achievement as awarded by the Government Finance Officers Association of the U.S. and Canada; and 13 ~•Yp al~~T~4 v. .9~~ ~:-.'x:,_ .r r Ti'SO w,_ x, k ~-;q 10. Proposed cost shall be prepared on a basis on a estimate of hours with a provisions for an annual maximum fee. Any unforeseen or anticipated cost must be approved by both parties in advance. INSTRUCTIONS FOR SUBMITTING PROPOSAL Proposal Submission Firms interested in responding to this Request for proposal should mail proposals to: John F, McGrane Director of Finance City of Denton 215 R. McKinney Street Denton, Texas 76201 Or, as an alternate, proposals may be delivered to the office of the Director of Finance in the Denton Municipal Building, 215 H. McKinney Street. Proposals must be received no later than 5:00 P.M. on Friday, June 13, 1986. 14 K . e r ^r Suggestions for Pre~parit Proposals Interested firms are encouraged to use their own preferred style and format in preparing a Proposal. However, it is suggested that the Proposal include at least the following (arranged accordingly): 1. A full description of the audit approach and procedures which will be used. 2. A response to the conditions and requirements outlined in the RFP, including the proposed work schedule. Any reservations or exceptions to the RFP (including the proposed work schedule) should be fully explained. 3. A listing of present and former governmental clients for whom the firm has performed auditing services similar to those outlined in the RFP, including names, addresses and phone numbers of persons who may be contacted for references. It is particularly important that the listing include present and former governmental clients of the firm's local office. 4, Professional resumes on all employees of the firm who will bt assigned to this engagement, indicating specific auditing experience to is date, with a clear indication as to what specific responsibility each individual will have. 5. Information as to what time commitment or workload is presently assigned to each person who will be working on this engagement. Selection Process Proposals submitted by June 13 in response to the RFP will be reviewed by the City Manager, Director of Finance, and the Assistant Director of Finance. Based on this review, interviews may be scheduled with the firms considered to be the best qualified, although interviews will not necessarily be scheduled with all firms responding to the RFP, Foliw!ing this initial screening process, recommendations will be made for interviews. This committee will make recommendations to the City Council which will make the final selection. It is anticipated that the selection will be made on or about July 15, 1986. In all interviews held with the auditing firm, the proposed Project Ma,~ager for the City's engagement and the individual who will have on-site responsibility for the audit (if a person other than the Project manager) should be present. 1 16 Compensation The cost of services provided by the Auditor will be a factor in making the selection. However, it will not be the final determining factor. Acceptance/Rejection of Proposal The CiLLy reserves the right to accept the proposal considered to be the most advantageous to the City and to reject any and all proposals. City Contact Questions concerning the RFP or requests for additional information should be directed to: W. Jay Anderson Assistant Director of Finance OR John F. McGrane Director of Finance City of Denton 215 E. McKinney Street Denton, Texas 76201 (617) 566-8320 A copy of the City's Comprehensive Annual Financial Report for the fiscal year ended September 30, 19850 is enclosed. 17 ANNUAL BEIOOET.,` EXHIBIT I BUDGET SWIMARIES 1986-86 1984-86 1985-86 Estimate Proposed REVENUES General Fund $ 1708589302 $ 2000469712 Sanitation Fund 20004,888 2,6700486 Utility System Fund 839217,654 860347,929 Working Capital Fund 212739683 2,165,055 Recreation Fund 2040000 257,000 General Project Fund 512,580 ?63,702 Revenue Sharing Fund 529,121 264,561 General Debt Service Fund 2,553,063 - 30625,525 TOTAL REVENUES $10901530491 $0601409970 1984-85 1985-86 Estimate Proposed EXPENDITURES General Fund $ 18,1859606 $ 2000460712 Sanitation Fund 2,0199360 205700486 Utility System Fund 7598180963 86,5309161 Working Capital Fund 2,4129822 29765,055 Recreation Fund 1580050 243,019 General Project Fund 506,743 2630702 Revenue Sharing Fund 5290121 2640561 General Debt Service Fund 2,257,107 390540425 TOTAL EXPENDITURES $10198870771 $1140738,121 CITY OF DENTON 31 4 trs Table 16 EXHIBIT I I • CITY OF DENTON. TLXAB MISCELLANEOUS STATISTICAL DATA SEPTEMBER 30, 1,285 Form of 3overnmsnt Council-#4nager Area 46,8 square miles Tate of Incorporation September 26, 1866 Miles of Street* 220 miles Number of Street Lights 49058 Fire Protections Number of stations 4 Number of firemen and officers (exclusive of volunteer firemen) 97 Police Protections Number of stations 1 Number of policemen and officers 91 Municipal Electric Department: Number of consumers 28,557 Electric production 685,890,000 KWH/year Average Daily Consumption 1,7740860 KWH Miles of electric line 327 miles Municipal Water Departments Number of consumers 16,373 Average daily production 90920,000 gallons Average Daily Consumption 8,766,000 gallons Miles of water main 300 miles + Seweras Sanitary sewers 275 miles + Storm sewers (1) Building Permits Issued 1,163 Recreation and Cultures Number of parks 13 with 787 acres Number of libraries 1 Number of volumes 95,000 (approx.) Employees Exempt 125 Nonexempt 668 Total 793 use (1) Not Available -121- L , r Vin. . QIIIBIT III CITY OF DUTOE AMLL AUDIT PROCESS PROPOSED WORK SCSEDULN FOR COMPLETIOX Of 1985-86 AUDIT City of Date Denton Auditor Engagement Letter to Council July 15► 1986 x Begin interim field work July 21, 1986 x Provide listing of any required audit working papers August 49 1986 z Draft statistical schedules September 15► 1986 x Complete closing, including all required manual journal entries November 1, 1986 x Complete computer generat4d year-end closing statement November 11, 1986 x Begin final field work November 17, 1986 x Complete audit working papers December 5, 1986 x Hold exit conference, discuss all audit adjustments to financial statements and management letter findings, Complete initial draft report December 10, 1986 x x Conclude review of working papers and provide complete final draft of financial reports for City of Denton and Single Audit. December 16, 1986 x Discuss draft management letter December 19, 1986 x x Deliver final printed oopies of all financial reports and required copies of final management letter December 19, 1986 x Acoeptan.ae of CAFR, auditor's report, and management letter by City Council December 23► 1986 x Work session with City Council to discuss audit findings (if necessary) January 6, 1Q87 x x 1911F 5/22/86 DATE: Yry 299 1986 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: ,PROPOSAL OF DENTON COUNTY APPRAISAL DISTRICT TO COLLECT CITY OF DENTON TAXES AND COST ANALYSIS SUMMARY : See attached memorandum to John McGrane BACKGROUND: See attached letter from Joe Rogers FISCAL IMPACT: None Cost to collect Ad Valorem Taxes Rsspec ly submitted: r re City Manager Pr ar d by: Ann Forsythe Senior Secretary Approved: ~c Q26 , 40n rave irector of Finance 1429F CITY Of Ddl11TOhM, 71=8 MUNICIPAL BUILDING / 215 E. MoKrNNEY Sr, J DENTON, TEXAS 78201 MEMORANDUM ■ a■ r a r a■■ a DATE: May 27, 1986 TO: John F. McGrane, Director of Finance FROM: W. Jay Andersors, Assistant Director of Finance SUBJECT: PROPOSAL OF DENTON GOUNTY APPRAISAL DISTRICT TO COLLECT CITY OF DENTON TAXES AND COST ANALYSIS The Denton County Appraisal District (DCAD) charges the City of Denton an annual fee that covers the cost of certain items. They are: 1. An Appraisal Roll 2. A computer (machine readable) tape of data 3. Supplemental Rolls 4. Change of ownership list 5. Exemption list 6. Agricultural exemption list 7. Certain State required reports--primarily the "Effective Tax Rate Calculation" report Our budgeted cost for this service has been as follows: Appraisal District Fiscal Year COD Budd _ Budget 1980-81 $ 866000 $ 8930215 1981-82 1020000 918,025 1982-83 1010354 100280975 1983-84 101,636 996,425 1984-85 1529200 194549378 1985-86 1679820 1,563,998 19PA-87* 1960216 1,886,022 *Proposed 81715004M D/FW METRO 4344M ,a f Memo to John McGrane May 27, 1986 Page two In addition to the above items, for an additional fee certain other services can be performed and would be charged accordingly: 1. Preliminary roll 9 $.09 per page 2. Tax statements @ $.32 per tax statement 3. Duplication of reports 9 $50.UU per hour computer time plus the cost of paper The City of Denton has chosen to use only the basic services at the fee indicated. The fee is calculated as a percentage of Use total prior year tax levy of the entity and then applied to the operating budget of the appraisal district as proposed for that year. The City of Denton fee for Fiscal Year 1985-86 is calculated as follows from the 1985 tax levy: Tax levy of City (divided by) $ 6.8480814 Total tax levy $61186091?6 Equals 11.01% Times budget before outside services 19b24,246 (Total Budget is $1,553,9981 City of Denton fee $ 167A?j The DCAD is now proposing to perform tax collections for the City of Denton at a fee that would be in addition to the fee(s) indicated above. The fee indicated would be 1% to 1.5% of the Jurisdictions levy as indicated in the letter to the City Manager dated May 16, 198b from Joe Rogers, DCAD Chief Appraiser. He also indicates this can be done in the 1987 tax year which is our fiscal year 1987-88. In my visit with him on May 169 1986, at the DCAD Board Meeting, he indicated he was not sure what the fee would be and it would depand on the number of taxing Jurisdictions that would participate. He also indicated that they would need eight (8) to ten O U) entities and that they would need to include the major entities to be cost effective. The county participating, the following schedule would indicate what this would mean in terms of dollars based on FY 1986 figures. Tax Levy 1985 $608080814 1.0% fee $68,088 1.5% fee $102,132 t ~ , "re° . ~F ~ .ten ` t ' z i . ,;.--F~ -'-'=~4•:s~' Now to John McGrane May 27, 1986 Page three The budgeted cost for the tax division for fiscal year 1984-85, which is ce-wparative data, was $64,675 or roughly equivalent to a 1% appraisal district fee. This does not count any costs associated with our data processing or casniering departments. The 1985 Griffith Study would indicate there are associated costs. Total cost of service would be between the 1% and 1.5% fee. As you know, the Tax Uivision does more than collect tastes. They maintain special assessments, hotel/motel taxes, and do other analysis and reporting as required. We are also expanding into auditing reporting entities to confirm our information and keep up with legal actions. Therefore, even if the Appraisal District would take over collections, the City's tax division costs would still have to be budgeted. In summary, our cost to perform tax collecting and it's other services, internal and external, to the City is roughly equivalent. If the City should go to the HAD for its services, it will still need to maintain the other fiscal services. Therefore, there would no offset to the City's current costs. My recommendation would be to enhance the tax software or replace it and retain the tax division. ~ feel we can better control our collection costs and collection efforts by maintaining our own office. This would also allow us to keep our systems of checks and balances on the DCAD by keeping these efforts in-house. W. Jay Berson WJA:af 1917F I ti t= C1L". DgNTON COUNyV to"ONSAL Mai W =T l f sent wo~ss~a~rte~tT MAY r.o, pox nts g oe~i'Ow, Gil 6 ,q I" F-c ~17.6Et jo . WORNS, CTA/R/A , ,CITY M1f~1~ . ems. ,Nov W1ttT[ f GR AMMNtR A W OAOi. tkeNTA + k JON UCK JAMCS WAM may 18, 1988 City of Denton 215 E. McKinney Denton, Tx. Attn: City Manajer Dear Sir: The Denton County Appraisal District will have the ability to offer tax collections for the 1987 tax year. Many of the taxing jurisdictions have been interested in the collection package; however, at this time none of the jurisdictions have committed to the Appraisal District for collections, We feel that part of the reason for a lack of commitment is the Uncertainty of the cost of collections. As a general rule, we have stated that 1% to 1.5% of the jurisdiction's levy will cover the cost of collections. As we approach the 1987 tax year, many of the cost factors for collections can be identified and defi- nitely determined. If we can get commitments from several of the taxing jurisdictions, we can determine a definite price per account for collections. If several of the taxing jurisdictions, including some of the larger ,jurisdictions, will allow the Appraisal District to collect, the price per account can be ioduced. The ball park figure of 1% to 1.5% of the levy may be reduced to a much smaller percentage. At this point, without commitment we cannot determine how large or small this percentage will actually have to be to cover the cost of collection, We hope that there will be enough jurisdictions turning collections over to us, in order to make the total pack- age cost effec~;ive and to reduce the percentage to less than 1% of the levy. Thank you for your help in this matter. Please let us know at your earliest convenience, if you are willing to make a tentative commitment to Appraisal District collections. At that time, we can estimate the cost per account for the 1987 tax year, ,Sincere/ Joe D. ogers Chief Appraiser JDR/vs CITY of DLNTON, TUX" MUNICIPAL BUILDING / DENTON, TEXAd rem / rELEPNONE (017) 0615.0307 ONke of the City Manager M E M O R A N D U M TO: Lloyd V. Harrell, City Manager FROM: Betty McKean, Assistant City Manager DATE: May 30, 1986 SUBJECT: 1986 City Council Retreat Goals Update: Tentative Meeting Schedule The attached sheet is the tentative meeting schedule for City Council retreat goal updates. Thes-i dates will be brought becore the Council for their approval on Tuesday, June 3, 1986, at the 5:30 p.m, work session. 1 etty Inc Kean Assistant City Manager lj Attachment 2936M e DENTON CITY COUNCIL RETREAT GOALS UPDATE TENTATIVE MEETING SCHEDULE Tuesday, June 3, 1986 Tuesday, July 29 Tuesday, September 9 Tuesday, October 28 Tu wday, December 9 Tuesday, January 27, 1987 Tuesday, March 10 Meetings will begin at 5:30 a.m. and goal updating will begin at 7:00 * meeting at 5;30 ~`71q' s .°yST R,~-• a 6° , ..R *P ~s:,.j r . s , ' City council Minutes May 20, 1996 The Council convened into the Regular Meeting at 7100 p.m. in the Council Chambers of the Municipal Building, PRESENTt Mayor Stephens; Council Members Alexander, Chew, Hopkins, McAdams and Riddlesperger City Manager, City Attorney and City Secretary ABSENTt Mayor Pro Tom Alford 1. The Council considered approval of the Minutes of the Regular Meeting of May 6, 1986. Riddlesperger motion, Chew second to approve the Minutes as presented. Motion carried unanimously. Mayor Stephens announced that items 3.A.1 (Bid ( 9609) and 3.A.4 (Bid 1 9618) had been removed from the Consent Agenda by staff. Also item 4.H had been removed from the Ordinance section of the agenda by staff. 2. Public Hearings A, The Council held a public hearing on the petition of the City of Denton requesting a change in zoning from the agxieultural (A) classification to the single family (SF-7) classification. The tract is b2,474 acres located at the southwest corner of Hickory Creek Road and FM 2181 (Teasley Lane). The property is shown in the Venter Survey, Abstract 1315. If the zoning change is approved, the property may be utilized for any land use permitted in the single family (SF-7) classification by the City of Denton Zoning Ordinance. 2-1806 The Mayor opened the public, hearing. Mr. Bob Carraway spoke in favor stating that no one representing the landowner had appeared at the Planning and Zoning Commission meeting on this petition because the property, at that time, was in foreclosur!. Since that time, he had purchased the property and was in favor of the change in zoning. No one spoke in opposition. The Mayor closed the public hearing. Martha Fujauski, Planning Intern, reported that 5 reply forms had been mailed with 1 returned in favor and 0 returned in opposition. The primary concern by the City of Denton to initiating this r,~uuest was to eliminate any future zoning [problems on the property. Staff was recommending permanent zoning to obtain low intensity uses for this area. Agricultural use zoning we:~; only temporary. If coned single family 7 would establish a low density trend. Chew motion, McAdams second to approve Z-1806. Motion carried unanimously. B. The Council held a public hearing concerning the proposed annexation of approximately 66.42 acres situated In the Moreau Forrest Survey, Abstract 417, and beginning adjacent and east of Geesling Road, south of U.S. Highway 380 East, and west of :,rinity Road. A-36 The Mayer opened the public hearing. David Ellison, Senior Planner, spoke in favor reporting that 8 reply forms had been mailed with 0 returned. This was the second public hearing on this annexation. The major portion of the annexation parcel was at the request of Miller of Texas for the Lakeview development.. Council had instructed staff to expand the annexation I size to fill in any gaps which might be left, Staff had spoken to City of Denton City Council Minutes Meeting of May 20, 1986 Page Two some of the resident property owners who would be affected by this annexation regarding City services, etc. It was the recommendation of staff to proceed with the annexation. No one spoke in opposition. The Mayor closed the public hearing. McAdams motion, Chew second to continue the annexation procedure. Motion carried unanimously. 3. Consent Agenda Chew motion McAdams second to approve the Consent Agenda with the exception ort Bids 4 9609 and 9616. Motion carried unanimously. Consent Agenda: A. Bids and Purchase Orders;* (REMOVED BY STAFF) 1. Bid 4 9609 - Stuart Pershing paving/drainage 2. Bid 4 9616 - Driveway for Paige Road substation 3. Bid 4 9617 Lamps, HPit (REMOVED BY STAFF) 4. Bid 1 9618 Refuse containers *~iid 1 9549 (Third party lease/pur7haae financing - addendum 11) was inadvertently left off the Consent Agenda. The bid was listed and approved as part of Ordinance No, 86-100, B. Tax Refund: 1. Approval of a tax refund to Campus Square Apartment, Ltd. in the amount of $2,911.51. 4. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. The following ordinance was presented: NO. 86-99 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENTr SUPPLIES OR SERVICES= PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE? AND PROVIDING POR AN EFFECTIVE DATE, Chew motion, McAdams second to adopt the ordinance. On roll call vote, McAdams 'aye,` Alexander 'aye,' Hopkins 'aye,' Riddlesperger "aye,' Chew *aye,' and Mayor Stephens 'aye.' Motion carried unanimously. a. The Council considered adoption of an oruinance accepting competitive bids and providing for the award of contracts for public works or improvements. The following ordinance was presented: NO. 86-100 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROIEMENTS1 PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR1 AND PROVIDING FOR AN EFFECTIVE DATE. 01 srngC*; ,v w-^pxr ..S .r.-s~ . S 5 "+nm r. v S `-;4mc. City of Denton City Council Minutes Muting of May 20, 1946 Page Three McAdams motion,, Chew uecond to adopt the ordinance with the exception of Did 1 9609. On roll call vote, McAdams 'aye,' Alexander 'aye,, Hopkins 'aye,' Riddlesperger 'aye,' Chew 'aye,' and Mayor Stephens 'aye.' Motion carried unanimously. C. The Council considered adoption of an ordinance approving a change in zoning from the agricultural (A) classification to the planned development (PD) district on a 239.17 acre tract located west of Bonnie Brae Street, east of Westgate Drive, north of Payne Drive, and south of U.S. Highway 77. Z-1789 The following ordinance was presented: NO. 86-101 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 APPLIES TO 239.17 ACRES OF LAND LOCATED WEST OF BONNIE BRAE STREET, EAST OF WESTGATE DRIVE, NORTH OF PAYNE DRIVE, AND SOUTH OF U. S. HIGHWAY 77, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL "A' DISTRICT CLASSIFICATION AND USE DESIGNATION, TO PLANNED DEVPLOPMENT "PD" DISTRICT CLASSIFICATION AND USE DESIGNATIONS PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATIONS THEREOF; AN[, PROVIDING FOR AN EFFECTIVE DATE. Mcl.aams motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams 'aye," Alexander 'aye,' Hopkins 'aye," Riddlesperger 'aye,' Chew 'aye,' and Mayor Stephens 'aye.' Motion carried unanimously. D. The council considered adoption of an ordinance and 3P~vice plan instituting annexation of approximately 142 acres being part of the Moreau Forrest Survey, Abstract 417, and the Gideon Wa1Xer Survey, Abstract 13300 and beginning approximately .9 mile east of Mayhill Road and ending approximately 2,000 feet east of Trinity Road. A-35 The following ordinance was presented: NO. 86- AN ORDINANCE ANNEXING A TRACT Of LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXA5I BEING ALL THAT LOT, 1RACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 142.0 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTUN, STATE OF TEXAS AND BEING PART OF [hE; MORREAU FORREST SURVEY, ABSTRACT NO. 417, A14U THE GIDEON WALKER SURVEY, ABSTRACT NO. 1330 DENTON COUNTY, TEXAS] CLASSIFYING THE SAME AS AGRICULTURAL 'A' DISTRICT' PROPERTYf AND DECLARING AN EFFECTIVE DATE. Alexander motion, hopkins second to adopt the ordinance. On roll call vote, McAdams 'aye," Alexander "aye,' Hopkins 'aye," Riddlesperger 'aye," Chew 'aye,' and Mayor Stephens 'aye.' Motion carried unanimously. E. The council considered adoption of an ordinance and service plan instituting annexation of approximately 299.63 acres between I-:5E and FM 426, and being part of the Gideon Walker Survey, Abstract 1330, and the W. Durham Survey, Abstract 330. A-38 The following ordinance was presented: City of Denton City Council Minutes Meetinq of may 20, 1966 Page Four NO. 86- AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO TH6 CITY OF DENTON# TEXASI BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATFLY 299.83 ACRES OF LAND LYING AND BEING SITUATE[ IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING P"T OF THE GIDEON WALKER SURVEY, ABSTRACT NO, 1330, AND THE W. DURHAM SURVEY, ABSTRACT NO. 3301 DENTON COUNTY, TEXAbt CLASSIFYING THE SAME AS AGRICULTURAL 'A" DISTRICT PROPERTYI AND DECLARING AN EFFECTIVE DATE. McAdams motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams 'aye," Alexander "aye," hopkins "aye,' Riddlesperger "ayes' Chew 'aye,' and Mayor Stephens "aye," Motion carried unanimously, F, The Council considered adoption of an ordinance and service plan annexing approximately 103,2 acres beginning adjacent and north or Jim Christal Road, south of U,S. Highways 380 West, approximately 1/2 mile east of Egan Road and 3/4 mile west of Underwood Road. A-34 The following ordinance was presented NO, 86-102 AN ORUINANC£ ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DEN1'ON, TEXASI BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 103.2 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PACT OF THE MYERS, JOHNSON,• BRUMMET AND GREEN SURVEY, ABSTRACT NO. 16991 DENTON COUNTY, TEXASI CLASSIFYING THE SAME AS AGRICULTURAL 'A' DISTRICT PROPERTYI AND DECLARING AN EFFECTIVE DATE. McAdams motion, chow second to adopt the ordinance. On roll call vote, McAdams 'aye," Alexander 'aye," Hopkins "aye," Riddlesperger "aye,' Chew 'aye,' and mayor Stephens "aye.' Motion carried unanimously. C. The Council considered adoption of an ordinance amending the schedule of feel provided for by Appendix A and B of the Code of Ordinancest repealing all ordinances in conflict herewith and providing for an effective date, Jeff Meyer, Director of Planning and Community Development, reporteb that a new planned development ordinance had approved which would give the City a better grip on development, The new process was more complicated and required more staff time, The fees proposed in this ordinance would allow a larger portion of the cost of providing the service to be recouped. The following ordinance was presented: NO. 86-103 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF FEES PROVIDED FOR BY APPENDIX A AND I: OF THE CODE OF ORDINANCESI REPEALING ALL ORDINANCES IN CONFLICT hEREWITh AND PROVIDING FOR AN EFFECTIVE DATE. Chew motion, McAdams second to adopt the ordinance. On roll call vote, McAdams 'aye," Alexander "aye," Hopkins 'aye,' Rlddlesperger "aye,' Chew "aye,' and Mayor Stephens "aye." Motion carried unanimously. 1 I 1 City of Denton City Council minutes hosting of may 20F 1985 Page Five H, The Council was to have considered adoption of an ordinance amending Appendix A of the Code of Ordinances of the City of Denton, Texas, by amending the provisions relating to participation and pro rata reimbursement agreements for water and sewer facilities to provide that such agreements shall terminate within one year thereof unless construction of the facilities has begun. This item was removed from the agenda by staff. 1. The Council considered adoption of an ordinance approving an agreement providing for the lease of office space at 324 East. McKinney Street. Steve Brinkman, Director of Parks and Recreation, reported that the ordinance would approve an agreement to extend the existing lease for 8 months. This would allow time to negotiate with the owner on costs and also to look at other options. Council Member Chew stated that he felt the citizens of. Denton would us losing by leasing otfiee apace at this higher rate. Council Member McAdams stated that leasing other office space which might be less expensive had been discussed. She did have a concern about the time involved in relocating the Data Processing equipment from this present location. City Manager Lloyd Harrell reported that modifications had been made to this building for the Data Processing equipment. A thorough study must be completed before a move was accomplished, Staff was recommending to extend the lease at 324 East McKinney at the present rate. This would be an interim step and would allow time to complete a study. Council Member McAdams stated that perhaps it would be wise to move the Data Processing equipment to City facilities and move other. operations with less complex relocation problems to leasea apace. The hollowing ordinance was presentedi NO. 85-104 AN ORDINANCE APPROVING AN AGREEMENT PROVIDING FOR THE ;EASE OF OFFICE SPACE A1' 324 EAST MCKIN14EY STRELT, AND DECL.',RIHO AN EFFLCTIVE DATE. McAdams motion, Chew secona to adopt the orainance. Council Member Hopkins asked if it was necessary to extend the lease until the end of the year. Brinkman responded that time would be needea to negotiate for the required space. Any new lease would not take effect until January It 1987. On roll call vote, McAdams "aye," Alexander "aye,' Hopkins 'aye,' kidalesperger "aye," Chew "aye," and Mayor Stephens 'aye.' Notion carried unanimously. 5. Resolutians A. The Council considered approval of a resolutiun amending the Denton Development Guide, as revised, concerning intensity policy at Robinson Road and Loop 288. Cecile Carson, Urban Planner, reported that this amendment was the result of the Oakmont zoning request in early 1985. The Oakmont planned development violated the intensity policy for that area as MEN , ry;.. .r-re.~.: yr .r City of Denton City Council Minutes Meeting of May 20, 1986 page Six not by the Dantoa Development Guide. Because of those violations of the Guiae, staff could not recommend approval of the planned development petition. An analysis was performed which concluded that, due to the Loop 280 extension in this area, the intensity policy should be amended. Mayor Stephens asked how large was the area being amp:nded. Carson reppondRd approximately 30 acres, The following resolution was presented: R E S 0 L U T 1 0 N Whereas, the Denton Development vulde, as amended, was adopted as the official aR use an eve opmeat guide for the City to be u!ad in conjunction with planning, development and land use decisiorsr and WHEREAS, the Guide provides for a procedure to implement policy changes in regard to vurrent land use decisions; and WHEREAS, a petition for the rezoning of land at the intersection of Robinson Road and proposed Highway Loop 288 would violatn the intensity policy for the area as provided in the Guide; and WHF:REAb, the Planning and Zoning Commission, after due consideration and study, has recommended that the Guide be amended to provide that the intensity policy for the intersection of Robinson Road and proposed Highway Loop 288 be changed from a low intensity to a moderate intensity area; and WHEREAbp the Ci.y Council has received the recoomendation of the Planning and Zoning Commission, and, after due consideration of the currant and prulected land uses and zoning for the areal the current and projectea design capacities for transportation facilities, utilities, and other public facilities in the area; the need for the proposed changer the impact such change would have on the overall growth pattern of the area; whether such change would maintain the concept of balanced growth between all quadrants of the City; and the overall planning goals and concepts contained in the Denton Dever ment Guider NOW, THEREFORE, BE 11' RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I, That the Denton Develo ment Guid , as revised, be hereby amended by changing He Overa 11 Co•cept Flan' and 'Lana Intensity Areas" maps of the Guide for the in'Irsectlon of Robinson Road and proposed Highway Loop '168 from a low intensity area to a moderate intensity area so that hereafter all existing policies of the Guide applicable to moderate intensity areas shall be applicable to such area. SECTION II. That a copy of this Resolution be attached to the Denton Development Guide, as revised, showing the amendment herein made. PASSED AND APPROVED this the 20th day of May, 1966. RAY ST 'P ENS, MAYOR CITY OF DL-NTON, TEXAS i City of Denton city Council Minutes Meeting of May 20, 1986 Page seven ATTEST: CHARtO.TE ALLEN, CIT 7' 8 CRETARY CITY UP DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCh, CITY ATTORNEY CITY OF DL"NTON, TEXAS HY: Alexander motion, Hopkins second that the resolution be approved. 0i, roll call vote, McAdams "Aye,* Alexander 'aye,' Hopkins "aye,' Riddlesporger "aye," Ch3w 'aye,' and Mayor Stephens "aye.' Motion carried unanimously. 6. The council held a discussion of granting authority for Mayor to approve requests made through the County Commissioner's Court for extension of services in the city of Denton extraterritorial jurisdiction. Mayor Stephens stated that the County Commissioner's court was requesting approval from the Mayor prior to extending any lines (water, telephone, etc.) into the extraterritorial jurisdiction. He had received several such requests but had not been given the authority given by Council to sign the forms. Debra Urayovitch, City Attorney, reported that a resolutiunn enabling the Mayor to sign such forms would be prepared for the next City council meeting. City Manager Lloyd Harrell reported that staff would review the requests and forward to the Mayor for signature, as appropriate. McAdams motion, Chew second to instruct tie City Attorney to prepare a resolution authorizing the Mayor to sign such requests following a review and recommendation from the City Manager and appropriate a staff members. Motion carried unanimously. The Council considered approval of an appointment to fill a vacancy on the Planning and Zoning Commission. Chew motion, Hopkins second to appoint Mr. Jadd Holt to the Plrnning and Zoning Commission. Motion carried unanimously, a. The Council considered approval of an appointment to fill a vacancy on the Cable TV Advisory Board. McAdai.;o motion, kiddlesperger second to appoint Mr, Joe Fearing to the Cabl: TV Advisory Board. Motion carried unanimously. 9. The council considered approval of an appointment to the North ^entral Texas Council of Government's Executive Board of a regional citizen representative. This item was listed on the agenda to be discussed in the Executive bession under personnel/boara appointments. 10. The Council --jeivea a report and discussed the Etatus on the lease agre-sment between the City of Denton and Maverick Aircraft, Inc. This item was listed on the agenda to be discussed in the Executive Session under legal matters. 11. The Council received a report on the status of the proposed asset transfer of Flow Memorial Hospital. i City of Denton City Council Minutes Meeting of May 200 1986 page Eight Council Member Xiddlesperger reported that the Committee which was working out final details on the contract had met on May 15. Significant progress had been made toward the solution of some of the serious problems which were faced in filling in the details of the contract. Another meeting would be held May 22, hopefully to finish all of the deliberations and arrive at a final plan which would be presented in due course to the city council. Oebra Drayovitch, City Attorney, stated that a short report had been included in her status report. Mayor Stephens asked the City Attorney to brief the audience on the outcome of the May 15 meeting, Drayovitch reported that the new hospital board of Directors was formed, elected their officers and designated their negotiating team. The City was represented by mayor Stephens, C!iancil Member kiddlesperger, Me. Drayovitch, and Mr. David Petruska From the law firm of Fulbright and Jawokaki. The County was represented by Judge Cole, Commissioier Tansey and their legal counsel. Also present were two attorneys on behalf of the new board. The Board was represented by Mike Whitten, Ken Newman and Jim Killingsworth. A new agreement was proposed which, in some ways, put things back to where we started in February prior to having a lot of the changes being agreed to. Fourteen of the changes which were outlined in a cover memo from the attorneys for the new Hospital Board included ,n number of legal issues as well as business. It was the intent of the parties to make a concerted effort to resolve the business issues, the main one being consideration. Substantial progress was made in this regard. The county had been concerned regarding the issue of consideration, much more so than the City. The City was partictilarly concerned about some provisions about representation, the provision deleted from the agreement that required that they continually maintain an emergency room and provide some of the other type services that they are now. The commitment of this transfer by the City envisioned a public hospital, simply for no other reason than that was the motive of the Council Members behind ic. This was communicated to the new Board who felt that they did not want to be tied down by a requirement that they have an emergency room. After about an hour of negotiation, it was determined that the hospital would continue to offe. the same level of services that it is offering now as well as those services which are offered by community based non-profit hospital. In the future, if it is proposed to delete any of those services, consent must be obtiinad from the County and the City, which consent shall not be unreasonably withheld. The next discussion item was the consideration. A great seal of time was then spent discussing conflict of interest. The County's attorneys h~,d drafted very strict language concerning conflict of interest for the new Board Members, Basically, it was much like the City Charter which prohibits a Council Member from contracting with the City. This is a very strict requirement. The County came back around and revised the language prior to the time of the meeting. The new conflict of interest provision allowed that if a Board Member had a business interest exceeding y10,000, he could not enter into a contract with the hospital. If the interest was less than $10,000, it woulo be [permissible ,as long as the member abstained from voting, It was felt very strongly by the new corporation directors that this was unacceptable. After a protracted discussion in which the public officials relayed the constraints under which they work, a compromise was suggested to be presented to the council and the Commissioners. The compromise was that as long as the Board Member did not own more than 101 of the business and did not vote, it would be okay to have that Board representative contract with the huspital. Everyone was very dedicated to resolving these outstanding issues, Tnere were a couple of items which it was agreed to wait on which involve time deadlines under which the County Judge and the city's Finance Director have to examine certain City of Denton City Council Minutes Meeting of May 20, 1966 Page tine records of the hospital. The City and County would maka an account proposal in that regard that will be satisfactory. Sums of the tied issues were whether or not the City and County should make representations and warranties with respect to the agreement. The City's position all along had been that this is not an arm's length business transaction and would not be putting them out a like sum. In fact, there was a possibility that there would not be any money ttansferred depending on how things went. Because this was not an arm's length transaction, and because each representation and warranty made by the City as to the condition of the hospital constituted a potential liability that could in fact cause money damages to be expended by the City and County, it had been her understanding that the City and County did not look favorably on such a position. This issue h!d been delayeti for further discussion until May 22. It was also pointed out at the meeting that the day before the transfer and the day afterward, the same people would be operating the hospital. The reasoning involved was that there was really not a severe need to warrant from yourself to yourself. These were some of the issues which would be discussed on May 22. A full and final agreement was expectod. Council Member Chew asked about the conflict of interest policy. ' 4rayovitch responded that the lawyers had been very severely instructed that they were not to make these decisions. This was a compromise which was agreed to be submitted to the Council. This was purely a Council decision as to what was felt to be appropriate and what could be tiorked out between the two groups. Mayor Stephens stated that the summaries by Riddlesperger and Orayovitch were on target. It was his fl rat time to meet with the group on Thursday night and he was quite impressed with the int!reist of all parties to try to work out something which would be to the best interest of the community - a community based hospital. He had been particularly impressed by the fact that the City and County representatives were almost in total agreement. The hospital representatives were watching the wording closely they did not want to take on a contract to do a job unless they could set the conditions to their liking. He felt they were going a little overboard to the extent of wanting to have a provision that$ in case things got bad in the future, they could still come back to Lhe City and the County for bail cut. Rrayovitch reported that, under the agreement which had been written all throughout, tt wab anticipated that the 3% would not address all the indigent care needs. Riddlesperger stated yesl that was true on indigent care. It was hoped that the problem of indigent care would be limited to A of the net revenue. The agreement was that we settle the Issue of indigent care beyond that 3%. The City did not agree with the county representatives on this position on that particular item. This issue woul7 probably be left for future determination. Mayor Stephens stated that there had been some disagreement on the issue of the 3%. Even the city's representatives were not in total agreement on the figure. That had not been settled and when It came back in the norm of a contract to discuss, the Council could look at that particular subject. In reference to Council Member Chew's question regarding conflict of interest, the City represer;.atIves had mentioned the Charter requirement that a Council Meobot could not do business with the City. Drayovitch repotted that, basically that was what the City and County had drafted originally. She further reported that, in order to negotiate and to try to work towards a final agreement, the provision of $2,500 had been added. The City charter went even further than state law. It was then asked to change that from $2,500 to $10,000 and that was then changed to 10%. i i 1 . City of Denton City council minutes Meeting of May 20, 1966 Page Ten Stephens stated -that it was Attempted to make the conflict of interest policy follow state law. 1`hat was pyrt of the whole consideration which had to come back to the Council. He had raised the question about Hoard Members serving and their companies doing any business with the hospital. Riddlesperger stated that the basic idea was that it would follow state law and to do something like was done by the City Council. When an item came up in which a Council Member was personally involved, the member would walk out and not participate in that discussion. The contemplation of the state law here was to be in that order and this had been fully discussed. He did not feel that there were any insurmountable problems but felt that the group should be allowed to continue their discussion and come to some conclusion before the City tried to make their decision for them. He thought that best not to attempt to dictate to that group what they should do at this time. Council Member Chew stated that he had a problem with the conflict of interest. Drayovitch stated that it was some different because there were no Council Members who have a financial contract with the City. The point of the Board was that they were not public officials, but rather would be operating a business. Mayor Stephens reiterated what Council Member Riddlesperger aa:s saying was that if thj Board Members had a conflict of interest, they could abstain. The discussion at the meeting had not dealt with that question but rather one of could the Board Member make sales to the hospital corporation once the transfer was made or be a part of a company that sold to the hospital. This was where the proceedings had gotten somewhat heated. Drayovitch reported that an agreement was reached that the 3% be raised to 4% at such time as there was a $5,000,000 increase in revenues to the hospital. Accordingly, if revenues went back down that percentage would go back dawn to A. Council Member Chew stated that this basically could mean a sliding scale. Mayor Stephens stated that the Council should think about this as there was still time before the final agreement was reached. 12. New Business No items of New Business were suggested by Council Members for future agendas: 13. No items or miscellaneous matters from the City Manager were received, 14. The Council convened into the Executive Session to discuss legal matters, real estate, personnel/board appointments, No official action was taken. with no further items of business, the sneetiny was adjourned, RA TEP S, MAYOR CH RIOT ALLEN, CITY SECRETARY 1240] IMF, ohm" Id amm""Of "gksmos R. Zkostela" w9m.141 rhomes R. Chastain is retiring after forty-&)e years of dedicated service to the City of Denton since hie employment on April 1S, 1915 and WaaRSAS, during his Career With the City, Thomas R. Chastain hlu consistently maintained an attitude of owperation with and dedication to the stated goals of the Denton Municipal Utility Department of the City of Dentoni and NHSRBAS, Thomas R. Chastain has exhibited outstanding expertise, dedicating much elms and effort in assisting With the work of the Utility department and has shown graat spirit in encouraging community involvement in the best interests of the citisess of Dsaton~ and wliaRRAS, Thows R. Chastain has always served above and beyond the mere efficient discharge of his duties and has responded to his duties in a loyal, trustworthy and extremely faithful manner, in a spirit of ooopers-~ion with his follow employees, and in eh,* best Interests of the citisens of the Community) mow, TusRspon, as IT Assova ar rar CowaL of rlJa CITY or DBMTON, TRXASh That the sincere and warm appreciation of the City Council be formally conveyed to Mr. rbcmas R. Chastain in a permanent manner by spreading this Aasolution upon the official minutes of the City Counoii and forwarding to his a true copy hereof, PASSED AND APPROVAD this 3rd day of June, 1986. C e~ RAY Sra NS0 MA FOR :...,;;Y';,•~ r CITY OF Ask", rVxAS i r.y A•r' ~ h;nnrM' ~ 1Trssrh Cl~R?OPM AUNN, CrrY AIRY Crrr op Dzmm, raus APPROVED AS TO LIG" FOANr ME ISO BuRP1r / CTrr Ar WWP Cfrr or aw", rum i ~•x-x y IDA„~ CITY COUNCIL RE°ORT FORMAT May 27, 1986 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: LLOYD V. HARRELL♦ CITY MANAGER SUBJECT: Presentation of Beautification Awards RECOMMENDATION: The Denton Beautifi~v P,A on Committee wishes to award Mr. Jack Starling recognition for hia ;property improvement of landscaping his hime at 3609 Granada Trail. SUI MARY Mr. Starling was nominated for the award by the Beautification Committee and selected by a panel of judges. BAC ON: Mr. Jack Starling, 3609 Granada Trail, has spent many hours perfecting a variety of plant material at his home. This personal effort is certainly a credit to the surrounding neighborhood and the Cite as a whole. Through his efforts h has made a nosi ive influence on others and has contributed PROS Ii' Z DEPARA 10 x CT : FISCAL IMPACT: RESP TPULLY S ITT LLOYD V, HARRELL CITY MANAGER ED BY: PREPAR el) A AL M Robert K. Tichner TITLE Suner.intendent of Parks APPROVED: i i j TITLE DATIE# CITY QQUNCIL RE2QRT FORMA]` May 27, 1986 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: LLOYD V HAR!RELL, CITY MANAGER SUBJECT: Presentation of Beautification Awards RECOMMENDATION: The Denton Beautification Committee wishes to award the Taco Bueno 02, 1815 Safest University Drive, recognition for significant improvement through landscaping. surWRI ,Mo. Kelly McKeon or -060 representative has made significant improvement in the area of University brave at the Taco Dueno Restaurant. The landscaping adds greatly to the aesthetics of the facility and has continued to be maintained since installation, ~ ACKCRO.UI 0: This facilit%,? was nominated by the Beautification Committee and selected by a panel of judges$ pMRAMi DEPARTMENTS OR CROUPS AFFECTED: FISCAL IMPACT: i` RESP FULLY SU ED: / LL YD V. HARRELL CITY MANAGER PREPARED BY: i E Robert-K. Tickner TITLE Superintendent of Parks AP ED i ITLE fi. P' %,W MEMORIAL HOSPITAL MANLGEMENT PLAN FISCAL YEAR 1987 TABLE OF CONTENTS 1. OPERATING BUDGET . . . . . l II. STAFFING . . . . 7 III. CAPITAL BUDGET . . . . . Addendum FLOW MEMORIAL HOSPITAL INCOME STATEMENT FISCAL YEAR 1987 BUDGET Revenue from Patient Services Inpatient (Page 2) $ 19,581,600 Outpatient (Page 2) 2,967,600 Total Patient Revenue $ 229549,200 Deductions from Revenue Contractual Allowances (Page 3) $ 3,156,880 Bad Debts (Page 3) 2,609,000 Other (Page 3) 186,900 Total Deductions $ 6,552,780 Net Patient Revenue $ 15,996,420 Other Operating Revenues 781,290 Total Operating Revenue (Page 4) $ 16,1771710 Operating Expenses (Pages 5 & 6) Salaries $ 7,079,930 Benefits 10109,100 Professional Fees 2,721,270 Supplies 2,232000 Other 21004030 Total Operating Expenses 15,146,930 Net Income Before Depreciation $ 1,630,780 Depreciation 950,000 City Capital Contributions 250,000 Non-Operating Revenues 40,000 Net Income $ 970,780 -1- TIM FLOW MEMORIAL' HOSPITAL PATIENT REVENUE FISCAL YEAR 1987 BUDGET INPATIENT OUTPATIENT Medical/Surgical $ 2,148,940 Med/Surg - Pediatrics 273,750 Med/Surg - PCU 295,650 Postpartum 684,370 Nursery/NICU 895,640 ICU/CCU 5699400 Nurse-Midwifery 1319490 215,500 Labor & Delivery 457,430 50,830 OR/RR 714,000 222,010 Emergency Roum 143,700 628,860 Central Supplv 19831,000 260,000 Pharmacy/IV 3012,500 2349330 Laboratiry/Blood 2,352,040 272,840 Cardiopulmonary 2,280,060 62,890 Radiology 817,110 502,930 Behavioral Medicine 1,342,300 -0- Anesthesia 550000 122,050 Physical Therapy 165,900 50,800 Home Health Service -0- 341,680 Social Service 16,320 2,880 Total $ 19,581,600 2,9679600 , - 2 - FLOW MEMORIAL HOSPITAL DEDUCTIONS FROM REVZNUE FISCAL YEAR 1987 BULGET Percentage of Percentage Contractual/ Total Revenue Collectible Write-Off X Medicare 28 Z 60 X 40 X Medicaid 7 60 40 Commercial Insurance 35 95 5 Blue Cross 6 95 5 Self-Pay 17 44 56 Hill-Burton 2 0 100 Indigent 4 85 15 County Psychiatric/Jail 1 85 15 Contractual Allowance Revenue Budget $ 22,549,200 Medicare/Medicaid Revenue Percentage 35 X Medicare/Medicaid Revenue $ 7,892,200 Contractual Allowance Percentage 40 % Total Contractual Allowance $ 3,156,880 Bad Debt Revenue Budget $ 22,549,200 Commercial + Blue Cross Revenue % 41 % Commercial + Blue Cross Revenue 9,24 5, Bad Debt Percentage 5 X Bad Debt Amount $ 4629300 Self-Pay Percentage 17 % Self-Pay Revenue 3,833,400 Bad Debt Percentage 56 2 Bad Debt Amount $21146000 Total Bad Debt 2,609000 Other Revenue Budget $ 22,549,200 Hill-Burton Revenue Percentage 2 X. Hill-Burton Obligatlon $ 451,000 Indigent Revenue Percentage 4 % Indigent Revenue $ 902000 County Payment at 85 % 766,700 Indigent Deduction $ 135,300 County Psych & Jail Revenue Percentage l X Revenue $ 22k.500 County Payment at 85% 191,700 Psych & Jail Deduction $ 33,800 Administrative !reductions 166,800 Total Other Deductions ; 7860900 3 FLOW MEMORIAL HOSPITAL OTHER OPERATING REVENUE FISCAL YEAR 1987 BUDGET Fiscal Year 1986 Fiscal Year 1987 Variance Estimate Budget _ Percentage Cafeteria 1111900 $ 115,800 3.5 1 Record Abstracting 5,600 6,000 7.1 Gift Shop 29,600 33000 11.5 Educational Serviced 58,940 96,890 64.4 Recovery of Bad Debts 4690960 472,600 .6 Miscellaneous2 24}670 57,000 131.0 700p610 781,290 11.5 2 1. Educational service will ncrease with the additional programs of Be Trim, Smoke Stoppers, and SmartCard (medical identification cards). 2. Miscellaneous will increase due to sale of used beds and furniture. -4- FLOW MEMORIAL HOSPITAL OPERATING EXPENSE COMPARATIVE FISCAL YEAR 1987 BUDGET FISCAL YEAR FISCAL YEAR VARIANCE COST CENTER 1986 BUDGET 1987 BUDGET PERCENTILE Nursing Administration $ 187,080 $ 204,040 9.1 % Medical/Surgical 685,440 877,710 28.1 Med/Sung - Pediatrics 303,300 222,370 (26.7) Med/Surg - PCU 309,600 306,460 (1.0) Postpartum 2809750 305,830 8.9 Nursery/NICU 457,660 480,460 5.0 Intensive Care Unit (ICU) 338,770 131060 (2.1) Labor and Delivery 548,240 487,500 (11.1) Operating Room/Recovery Room 411,850 422,080 2.5 Emergency Room 579,240 6069240 4.7 Central Supply 1047,480 785,300 (25.0) Laboratory/Blood Bank 872,800 914010 4.8 Cardiopulmonary 394,070 376,960 (4.3) Radiology 638154U 495070 (20.5) Pharmacy/IV 659,500 720050 9.3 Behavioral Medicine 505,280 503,760 (0.3) Anesthesia 286,260 262,140 (8.4) Physical Therapy 121,800 125,490 3.0 Medical Records 173,210 190,600 10.0 Dietary/Nutrition 5900880 655,460 10.9 Plant/Security 363,480 350,350 (3.6) Housekeeping 270,960 277,100 2.3 Laundry 137,520 170,400 23.9 Nurse-Midwifery 1479480 431,150 192.3 Fiscal Affairs 267,200 305,750 14.4 Business Office 7B8,360 840,640 6.6 Administration 2189640 333,610 52.6 Purchasing 73,200 819490 11.3 Personnel 70,300 76,440 8.7 Health Promotion 114,650 177,930 55.2 Quality Assurance/ Risk Mgmt 82,560 114,030 38.1 Home Health Services 179,880 230,880 28,4 Auxiliary 31,800 41,670 31.0 Social Service 19,200 69000 260.9 Marketing 99,840 144,050 44.3 Pre-Admission Planning -0- 699450 -0- Utilities 665,040 538,000 (19.1) TOTAL 12j921,840 4 13027,830 4.7 % - 5 - ~ . I ~rrrr.►, FLOW MEMORIAL HOSPITAL GENERAL AND ADMINISTRATIVE EXPENSE FISCAL YEAR 1987 BUDGET Fiscal Year Fiscal Year Variance 1986 Budget 1987 Budget Percentage Employee Benefits FICA $ 457,200 $ 503,500 10.1 x Unemployment Insurance 27,500 300000 9,1 Health Insurance 364,000 418,600 15.0 Pension 9%190 104400 7.0 Workmen's Compensation 49,580 - 53400 6.9 Total Benefits $ 995,470 1111090100 11.4 z Fees Consultant & Management $ 344,200 $ 300,000 (12,8)% Professional Liability 115,100 2010500 75.0 Other Insurance 381000 66,500 7510 Total Fees $ 497,300 $ 568,000 14.2 X Other Interest Expense $ 100,200 $ 280,000 -0- Rental/Lease Equipment 81400 86,000 6,2 Z Dues 35,000 40,500 15.7 Postage 351500 39` ~Op 9.9 Total. Other 251,700 445,500 77.0 % _6_ FLOW MEMORIAL HOSPITAL STAFFING - FTE' S FISCAL YEAR 1987 BUDGET January 1986 to Fiscal Year Actual March 1986 1987 Budget Variance Nursing Administration 6.9 6.5 (,4) Medical/Surgical 35.6 34,8 (.8)' Medical/Surgical - Pediatrics 7.7 7.7 _ ICU/PCU 20.4 .1916 (.8) Postpartum 12.0 11.7 (.3) Nursery/NICU 16.4 16.2 (.2) Labor and Delivery 15.1 15.1 - Operating and Recovery Room 11,7 12.0 .3 Emergency Room 9.2 9.2 _ Total Nursing 135.0 132.8 2.2 Central Supplies 5.0 9 4,0 (1-0) Cardiopulmonary 11.1 10.3 (.8) Radiology 7.8 8.0 2 Pharmacy 6.8 6.0 (.8) Behavioral Medicine 20.8 18.5 (2.3) Physical Therapy 3.4 7,0 (,4) Medical Records 7,4 8,4 1.0 Dietary/Nutrition 26.6 25.0 (1.6) Plant/Security 11,2 11.8 .6 Housekeeping 20.8 15.5 (5.3) Laundry 1.0 - (110), Fiscal/Business Office 41.5 36.7 (4.8) Administration 3.2 4.2 1.0 Quality Assurance 3,5 4.0 .5 Auxiliary .6 .6 - Purchasing 3.3 3.3 Personnel 2.0 2.0 Health Promotion 3.2 3.0 (.2) Marketing 1.8 210 .2 Social Services 1.0 _ 3.0 2.0 Total Non-Nursa,ng 182.0 169,3 (12.7 Total FTEat 317.0 301.1 14,9 Pre-Admission Screening Service - 2,5 2.5 Roma Health Service 4.6 6.5 1.9 GRNAs 5.0 3.0 (2,0) Nurse-Midwives 3.3 _ 9.0 5.6 Total Hospital FTEst 329.9 323.1 6.8 rTEs/Patient Day • 4.6 FTEs/Adjusted Pt Day a 3.4 -7- q. FLOW MEMORIAL HOSPITAL 1987, 1988, 1984 Three Yea: Capital Equipment Budget Summary CAPITAL BUDGET DEPARTMENT NAME Priority/Quantity 1986-1987 1987-1988 1988-1989 MEDT.CAL/SURGICAL A 4 BP/pulse/temp IVAC monitor $ 8,600 A 1 Shower Room 3,000 $ 11,600 LABOR & DELIVERY A 1 Blanket warmer $ 3,500 B 2 Fetal monitor 110000 $ 11,000 B 2 Labor t nsport bed 21800 2o800 B 1 Neonatal. resuscitator 80500 B 1 Delivery/surgery table 12,000 C 1 Flash sterilizer 14,000 B 1 Imex dopplar 11100 A 2 Vital signs monitor 4,900 $ 310800 $ 39,800 EMERGENCY ROOM A 1 Surgical stretcher $ 4,000 B 1 External pacemaker 2,995 B 1 IVAC vital signs monitor 21150 B 1 Adult stretcher 3,980 C 1 Autotransfuser $ 16,960 $ 13,125 $ 16,960 INTENSIVE CARE UNIT 8 2 Vital signs monitor $ 4,300 B 1 Cardiac output monitor S,512 $ 9 9i2 Flow Memorial Hospital 2 Capital Budget - 19879 19881 1989 DEPARTMENT NAME Priority/Quantity 1986-1987 1987-1988 1988-1989 RECOVERY ROOM B 1 Blanket warmer 3,000 $ $ C 1 Ice machine 5,000 B 1 EKG monitor 7,950 B 1 Pediatric stretcher 3,000 $ 6,000 $ 5,000 $ 7,950 OPERATING ROOM B I Flash sterilizer $ 16,500 $ $ C 1 Cystoscopy table 25,O00 B 2 OR lights 79500 7,500 C 1 OR table 17,000 B 1 Rolling sitting Atool 650 $ 24,650 $ 329500 $ 17,000 PROGRESSIVE CARE UNIT A 1 Base monitor b 8 telemetry units $ 35,000 $ $ B 1 Vital signs monitor 2,150 $ 37,150 $ $ PEDIATRICS A 6 Steel cribs $ 8,280 $ $ A 1 Youth bed crib 10880 C 1 Vital check 21150 B 1 Digital scale 1400 $ 14,110 $ $ POSTPARTUM B 1 Adult wheelchair $ 800 $ $ B 1 Vital check 29150 A 1 HP fetal monitor 11000 $ 3►950 $ $ Flop Memorial Hospital Capital Budget - 1987, 19880 1989 3 DEPARTMENT NAME Priorit uantit 1986-1987 1987-1988 1988-1989 NEONATAL NURSERY A 2 Neo Tech Monitor $ 6,500 $ 6,500 B 1 Ohio I.C. Incubator 6,8OC A 1 Auto Syringe 2,000 B 1 Mini Bili Light 1,300 $ 16,600 $ 6,500 NURSERY A 1 Portable Radiant Warmer $ 3,700 A 2 Armstrong Incubator $ 3,500 $ 39500 B 1 C-100 D-W Isolette 6,000 B 1 Phototherapy Light 1,200 A 1 Bili Dosemeter 2,100 $ 13,000 $ 3,500 $ 3,500 BEHAVIORAL MEDICINE A i Carpet for hallways & patient rooms $ 21,000 A 1 Ceramic Kiln 650 B 1 Washing Machine 850 B 1 Heavy Duty Dryer 750 B 2 Refrigerators $ 1,000 B 1 3 Seat Lounge $ 10500 B 1 2 Seat Lounge 1,200 B 2 Lounge Chairs 1 500 $ 23,250 $ 1,000 $ 4,20 HEALTH PROMOTION B 1 VCR Monitor with Time Lapse $ 10895 B 1 Opaque Projector 800 A 1 16mm Projector 1000 B 1 Recording-Anne $ 1,600 A 2 Reausci-Anne 1,200 B 1 Anatomic-Anne 450 $ 3,995 $ 3►250 c Flow Memorial Hospital Capital Budget - 1981, 1988, 1989 4 DEPARTMENT NAME Priority/Quantity 1986-1987 1987-1988 1988-1989 PHARMACY A 1 Night Pharmacy Cart $ 21500 8 1 Cadet U/D Machine 3,000 $ 5$00 RADIOLOGY B 1 600 MA Generator Photo-time chart $ 27,939 A 1 R 6 F Equipment 125,779 8 1 Room IV Equipment $ 400,520 S 1 Portable X-ray Unit 14,000 B 1 Film Processor 17,000 $ 153,718 $ 431,520 DIETARY B 1 Mini (wick Tray Line $ 280000 B 5 Patient Tray Carts 10,000 8 2 4 Well Steam Tables 4,000 B 1 Starter Unit 10000 B 1 Unitized base heater dispensers 4,000 $ 47,000 CENTRAL SUPPLY A 2 Thoracic Aspirator 1 600 $ 1,600 RESPIRATORY THERAPY A 1 Blood Gas Analyzer $ 38,000 B 1 Pulse Oximeter 4,000 A 4 Pressure Monitor 7,200 A 1 Prrcussor 2,000 A 2 02 Monitor $ 1,650 B 1 Ventilator 180000 C 1 Co-oximeter $ 149000 B 1 Ventilator Monitor 2$00 $ 51,200 $ 22,150 $ 140000 Flow Meawrial Hospital Capital Budget - 1981. 1988, 1989 5 DEPARTMENT NAME Pr~ iority Quantity 1986-1987 1987-1988 1988-1989 E.K.G. B I EEG Machine $ 25,000 B 1 Stress Test System' $ 50,000 A 1 Panasonic Monitor 700 C 1 EEG System $ 180000 A L Treadmill Belt 500 $ 51,200 $ 150000 $ 180000 PHYSICAL THERAPY A 1 CPM Lower Unit $ 3,200 B 1 Ergometer 900 B 1 Typewriter 10100 B 1 Portable Ultrasound 10200 B 1 Podiatry Whirlpool $ 3,400 B 3 Tens Unit 19800 B 1 Tilt Table 1,100 B I Cold Pack Unit 10900 B 1 Hot Pack Unit 10400 3 1 Tall Boy Whirlpool $ 2,400 B I Adjustable Chair 600 C 1 Treatment Table 19600 C 3 Tens Unit 2,100 $ 69400 $ 7,600 6,700 HOME. HEALTH B 1 Typewriter (Data Entry) $ 1,200 B 1 Patient Transport Vehicle 20,000 B 3 Automobiles 24,000 $ 45►2OU DATA PROCESSING B 1 Decollator 3 000 $ 3,000 MEDICAL RECORDS B 1 Microfilm Cabinet $ 10200 A 1 Word Processor Acoustical Covers 10000 B 1 Micromatics Dictating System 450370 $ 20200 $ 45,370 Flow `Memorial Hospital Capital Budget - 1987, 1988s 1989 6 DEPARTMENT NAME Prinri~ Qugntity 1986-1987 1987-1988 1988-1989 ANESTHESIOLOGY A 2 Auto SP Monitor $ 5,000 B 2 Auesthesia Machines 160000 $ 160000 A 2 Fluid Warmer 1,360, A 4 Hypo-thereto Units 4,250 4,250 B 8 Oximeters 29320 11160 1,160 $ 28,930 $ 2L ; 1, x60' QUALITY ASSURANCE B I Typewriter $ 900 C 1 Printer 10000 C 1 Tape Backup 50000 $ 6,900 MAINTENANCE A L Steam Generator $ 3!,000 A 1 Convert Double Duct 103,000 A 1 Seal/Repair Circular Drive 2,000 B i Seal/Repair Visitor lot $ 9,720 A 1 Seal/Repair Director lot 7,020 B 1 Replace Copper Wiring 79000 B 1 Unloading Dock Door 1,890 A 1 Rebuild Air Handler 10500 A 1 Motorized Tube Brush Machine 11500 B 1 Transfer Switch Generator $ 20,000 A 1 Mad/Surg Nurse Call 219000 B 1 PCU Nurse Call 8,283 8 1 Pediatrics Nurse Call 16,070 B 1 O.B. Nurse Call 8,230 B 1 L&D Nurse Call 8,478 C 1 OR Nurse Call 90050 A 1 Repaint Window Awnings 40,000 A 1 Repair Roof South Wing 22,000 B 1 Roof over Dining Room/L&D 12,860 C 1 Roof over ER/OR/Maint. Shop 11,930 B 1 System Vacuum Pump 4,100 A 1 Upgrade T.V. Antenna 4,500 C 1 Double Duct Air Handler 65,000 B 1 Van 15,000 $ 256,520 $ 78,681 $ 96,930 Flow Mozorial Hospital Capital Budget - 1987, 1988, 1989 7 DEPARTMENT NAME Priority Quantity 1986-1987 1987-1988 1988-1989 PATHOLOGY A 1 Body Lifter $ 10500. A 1 Weight Scale System 31800 $ 5,300 GENERAL & ADMINISTRATIVE Renovation of E.R. $ 400,000 Renovation of Cafeteria 20,000 Patient Room Renovation 20,000 Doctors Lounge 15,000 Facility Renovations 200,000 150,000 150,000 $ 6559000 $ 1500000 $ 1500000 PHYSICIAN REQUESTS A 1 Olympus GIF-2T10 $ 9,600 A 1 Olympus Heater Probe 5000 A I Olympus CLV-10 Light Source 5,700 A 1 Olympus JF-IT10 10,400 A 1 Olympus CF-IT101, 90950 A 1 Olympus GIF-X010 9,400 A 2 Surgical Stretcher 80000 B 1 Cataract Irrigation/Aspirator 12,000 8 1 Bipolar Cautery 1,000 B 2 Recliner for outpatient area 2,000 C 1 Back-up Instruments 5,000 $ 78,050 $1,559,760 $ 890,241 S 336,440 A PNnsy Nowrs OmwV May 8, 1988 13.1886 1 `!.1 q Me. Charlotte Allen CITY rr ,raw; ; City of Denton Ref; Agenda for City Council Meeting Dear Ms, Allen: I represent the Alumni Association of the Kappa Sigma Fraternity. Each year our organization hosts a golf tournament, barbeque, and awards presentation somewhere In the Metroplex vacinity. Since the Sheraton has reorganized and upgraded the North Texas State Golf Course, we have decided to hold our tournament at North Texas State this year, Hopefully this will become an annual event, Our organization would like to hold our barbeque and awards presentation and reception at our fraternity house, located at 2026 W. Oak Street, on June 21, 1988. It will take place between the hours of 6:30 p.mo and 11:00 p^ We Intend to have a band for entertainment at this awards presentation, After discussing this matter with the City Attorney, he Informed me of the Denton City Code, Section 14-21, Paragraph 2 which basically states that any outside activities using a loudspeaker which takes place after 10:00 p.m. is unlawful unless It is exempted by the City Council, We would like to be put on the Agenda for the next City Council meeting to get approval for our barbeque, & awards presentation to be held at our fraternity house, If you need any further information, you may reach me at (214) 233- $112. 1 appreciate your help in bringing our alumni back to N,T,S,U. Cordiaq ici t H ogarth al Chairman Kappa Sigma Alumni Associacion MH/jj okt+omm corpwsow, lMooopo itan Plus H, 13749 Nwt w Itt, N200. 0111ar, TX 75244 (214) 23"112 s "~s _ W77"? ' , DATE: June 3, 1 *6 CITY COUNCIL. REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd Harrell, City Manager SUBJECT: S-167 RECOMMENDATION: The Planning and Zoning Commission considered this request at its meeting of April 23, 1986 and recommended approval by a 6-U vote. SUMMARY: This is a request for an amendment to S-167, to allow the construction of an activities building that 1s not Included on the original site plan. BACKGROUND: This area is 22 percent over the intensity standard based on existing land use and 36 percent over based on current zoning, PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Not applicable FISCAL IMPACT: There is no impact on the general fund. Res fu1 u d: freh City Manager Prepare d by: ary as er Plan ng Technician Appr d ref f Director of Planning and Development 7777 I a x. PLANNING AND ZONING COMMISSION RECOMMENDATION TO CITY COUNCIL To: Denton City Council Case No.: S-167 (Amendment) Meeting Date: June 3, 1986 GENERAL INFORMATION Applicant: James Gilbert - Cumberland Presbyterian Children's Home Statue of Applicant: Administrator of the Cumberland Presbyterian Children's Home Requested Action: Amendment to specific use permit 167 (S-167), to allow the construction of an activities building that is not included on the original site plan. Location and Size: Southwest corner of Bernard and Greenlee otreet; further described as 1304 Bernard Street. Sizes 17.327 acres. Surrounding T,and Use and zoning: North - Singly, family structures; single family (SF-7) zoning South - Single family structures, commercial zoning East - Single family structure and vacant lot, planned development for multi-family, and single family (SF-7) zoning West - Single family structures; single family (SF-7) zoning Denton Development Guide: Area is designated as moderate intensity. SPECIAL INFORMATION Transportation: Existing streets are adequate to serve proposed development. No access will be permitted to I-35 service road. Future service drive entrance that iL proposed for Bernard Street on the site plan, will not be permitted. (Case S-167) page Two SPECIAL INFORMATION (continued) Utilities; The sewage line on Bernard Street running south to Lindsey street, should be used for the sewage generated by this development. If this project is connected to the northern sewer line on Bernard Street, the City of Denton must construct a relief sewer on Eagle Dr. from Cleveland to S. Elm in the CIP program, before this project can connect to the system. It appears that adequate water service is available for this project. Telephone, cable, and electric service is available. Drainage: The drainage channel along the south property line must be improved. HISTORY On April 5, 1983, City Council approved the 6.pecific use permit (5-167), to allow expansion of the existing Cumberland Presbyterian Children's Hone with the following conditions: 1. Uses and facilities stall be limited to those incidental or related to the Children's Home and shall conform to the approved site plan. 2. All applicable development codes of the City of Denton (zoning ordinance, building permits, etc.) shall be enforced. 3. The Children's Home use shall be limited to the 17.359 acre tract exhibited on the approved site plan. ANALYSIS The Cumberland Presbyterian Children's Home is a legal non-conforming institutional use that has existed at its present address, 1304 9ernard Street, since 1939. The Children's Home is classified as an institution of religious or philanthropic nature by the current City of Denton Zoning Ordinance. (Case S-167) Page Three ANALYSIS (continued) The Development Review Committee has reviewed the site plan and setbacks are adequate, This area is 22% over the intensity standard based on existing land use and 36% over, based on current zoning. It is beneficial for the general welfare of the City of Denton, for developers to provide their own recreational facilities. While staff cannot recommend approval of this request, due to the violation of intensity standards, the City Council may wish to consider this request as beneficial to the City of Denton. The request for an amendment to 5-167 is to allow the construc- tion of a recreational building, The attached site plan shows the existing facilities, as well as proposed development at the site of the Children's Home. The scale and scope of the pro- posed structure appears to be reasonable. RECOMMENDATION Due to violations of intensity standards, staff could not recommend opproval of this request. However, the scope and scale of the proposed structure appears to be reasonable. The Planning and Zoning Commission recommended approval of 5-167 on April 23, 19860 by a vote of 0-0, subject to the following condit iorks % 1. Uses and facilities shall be limited to those incidental or related to the Children's Home and shall conform to the approved site plan. 2. All applicable development codes of the City of Donton (zoning ordinance, building permits, etc.) shall be enforced. 3. The Children's Home use shall be limited to the 17.359 acre tract ..xhibited on the approved site plan. I ALTERNATIVES 1. Approve petition 2. Deny petition ATTACHMENTS 1. Location Map 2. Amended site plan 3. Approved site plan 4. Approved specific use (5-167) ordinance S. Reply form totals 6. Property owner list 7. Planning and Zoning Commission Minutes of April 23, 1986 .iNI I 1 7 T1 i P I' I ~ I ~ 5-162 I MF-I S•l l 9.120 I ~•7S . MF•t 1 1 fry 4 5.69 870 /,r- •a ` opoll, 42 F t.. , o- lob it r! lop I 4 on H I 41 i ~ r r ~ r.rrlr~ a FOP NSF E6 , III I ~ w. f i I r.1~1~1 7 +II I ~..I wow O ' I I 10 om _ ~ C r ~ a w. Nlwn ~I ~ Irlew000 ft. I ~ RIB \ MI.M' Ols,y MpF/M11M lIOl11rN'! 1~~ 1NC. " !1 0 9 e111 !0N 1 ! N !lfll~LO1~MIwo" + e } ~ an r I r + , 5 167 ' 1111«I{A~l, •I.11 ~rr~,g IIYY~'1 MI. I r 1 O ~if1 //tl~Irra I w««.«I« w~N,1 O Rw j«y~yiw~w TOTAL W rIH llrfr • IW.1 .r«. f 8 Mary Jv, O rlMr MN« Ipal.y IM MN ~ Nt"""'I O W~W ~ 1~ 11 Nw«M W «w WIN I pie ' - . I O Wr1. Ny4 r @ ".00i tom L~ 4 ' f O I ' p ".w.rl. I I f O ►I+Mr MIM«Y "««yr 01"14 rlnl 1 if 1 1 I ® (01 01"14 Q ~ I ~ t►IU r ve1► W ILL Q , % 1) 1 Semi I SMr 1 01~ r .,r. r1p 1 ~ • . Z^.• t 1 NM N«.11 r««r carry W W. NIR 1v , r r r'«r1 NIM/W 1«N~y M / ~~~1 Ir I, ;0~~ • f1117r1) I 'I ~'J ar.lr IWI w+lti (IM~1 ~N, O ...w rl«.,.W w~ to No," a ® • I ; o MIN NMN W..« «r NI I 1. 1 ,yY s., 's s No. Ail ORDINANCE GRAM' 1*G A SPECIFIC USX PERMIT AND AMENDING THE ZONING MAP OF THE CITY OF DEN'1'ON, TEXAS, As SAME WAS ADOPTED AS AN APPENDIX To TEE CODE OF ORO MAMCEs OF THE CITY OF DENTON, TEXASo BY ORDINANCE NO, 69-i, AND AS SAID NAP APPLIES TO APPROXIMATELY 17.359 ACRES OF LAMD, AND BEING LOCATED AT THE NORTHMEBT CORNER Of BERNARD AND GRMNLEE, AS SHOWN ON THE TAX RECORDS OF THE CITY OF DENTON, TEXAS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINSt SECTION 1, The Zoning Classification and Use designation of the following described property, to-wits All that certain tract or parcel of land situated in the Eugene Puchalski Survey, Abstract No. 996, and the A.N.B Tompkins Survey, Abstract No. 1246, Denton County, Texas; being a part of a certain (called) 22.20 acre tract deeded by the General Ass+embly$& Board of Ministerial Relief of the Cumberland Presbyterian Church to the Board of Trustees of the Cumberland Prosbyteriv Children's Home, Inc* on the 7th day of April, 1941, rec.. ..ad in Volume 368, Page 494, Deed Records of said County, and being more particularly described as followas , BEGINNING at the northeast corner of said 72.20 care tract at the intersection of the south right of way of Greenlee Street and the west right of way of Bernard Streetr THENCE south 01.52129' wort along the west right of way of Bernard Street a distance of 871.01 feet to a chain link fences THENCE south 89039145" wes's along a fence a distance of 661.49 feet to a point in tht suukh line of said 27.20 acre tract and the southeast corner of a (called) 2.92 acre right of way tract deeded to the State of Textia and recorded in Volume 3480 Page 390, Deed Records of Denton 1'm.nty, Texas; THENCE north 47426100" west alviij said right of way a distance of 658.93 f•►Ist; THENCE north 02001106" west alon(i said right of way a distance of 60.0 feet ho a point in the south right of way of Earl Street) THENCE north 07458154" east along the south right of way of Earl Street a distance of 390.96 foot to a fence corner post; THENCE north 00409108" west along a fence and the %ast right of way of Central Street a distance of 331.61 feet to a point in the south right of way of Greenlee Street; THENCE south 83418101" east along the south right of way of Greonliia Street a distance of 787.89 foot to the point of beginncng and containing 17.359 acres of land. which is classified as single Family "SF-7" District Classifi- cation Use under the Comprehensive Zoning Ordinance of the City of Denton, Texas is heroby'ahanged and a Specific Use Permit is hereby granted for the use of said property for expansion of the existing children's h1me, subject to the following special conditions and restrictions, to-wits 2, Uses a d facilities shall be limited to those incidental or'related to the children's home and shall conform to the approved site plan; PAGE ONE TIM* 77 20 Ali applicable development codes of the City of Denton Ironing ordinanas, building permits, etc.) shall be enforcedt and 3. The children's home use shall be limited to the 17.359 acre tract exhibitd on the approved site plan. in addition to all uses authorized in a single ramify "Sr-7" District. The development of the property shall be in substantial compliance with the site plan attached hereto and made a part hereof for all purposes. 14thT day2oof gJanuary! 1969ci as can DAppendixe to the Cod* tof Ordinances of the City of Denton, Texas under Ordinance No. 69-1, be, and the sage is hereby amended to show such change in District Classification and Use. HCTION II. That the City Council of the City of Denton, Texas hereby finds that such change is in accordance with a comprehensive plan for the purpose of ieomoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability of particular uses, and with a view to conserving the value of the buildings, protecting' human lifts, and encouraging the most appropriate uses of land for the maximum benefit to the City o Denton, Texas, and its citizens. P4910-11 U. That this ordinance shall be in full force and effect immediately after its passage and approval, the required public hearings having heretofore been hold by the Planning and Zoning Commission and the City Council of the Clty ci Denton, Texas, after giving due notice thereof. PASSED AND APPROVED this the S.day of , 1983. CI Or NTON, TEXAS ATTEST V CITY Or DENTON,00TEXAS APPROVED AS TO LEGAL roams C. J. TAYLOR, JR., CITY ATTORNEY CITY Or DENTONo TEXAS SYl i PAO2 TWO ei PROPERTY OWNER REPLY FORMS CITY COUNCIL S-167 IN FAVOR IN OPPOSITION UNDECIDED Roy E. Payne None Received 1214 Bernard Denton, TX Mrs. R. E. Rector 13.02 Greenlee Denton, TX M1~ 4 a loo 0 / - 0/000 L411;W -214Q1 l 70/ O)OUD 2 ti ~r 5 ~a Y „ .~i d , ' YR ~ tY ,il"fp' ♦ ,?h~~4 4`M ~q ~ 1 ~"?j .wn.~ ^01 u JjLLb) 15 sav ol~oo AL/ 7 ' ""-4 4UMMI I)Aq Y)L ,Avf1 ~ z r J, n Two, W, SrAdAl SDI • LdApj~ .~+rrr it J-/ IL - 0033 r w M w Od -Af -ter 1 0 700 !5 loolf) i dr P ; Z Minutes April 23, 1946 Pale 2 devsloPMont anticipated this year. Mr. Burke said that they plan to break ground on the utilities this year. Mr. Claiborne asked if an old farmhouse is located on this property. !4r. Burke said yes. Mr. Claiborne asked how such property back to the east that is not developable, Mr. Burke stated that there is a 12 acre band that is not developable unless channel:zed but the owners would rather not channelise. IN 7AVOR: None present. OPPOSED: None present, STAFF REPORT: Ms. Crum stated that a technical error in a3vettl M was made when the site was originally annexed in 1985 ans that on January 21, 1986, the annexation was. again processed to most legal requirements. She said that the Air ort Zonin Act and the Denton Municipal Airport Zoning ~rdinance 10rdinsnce 81.1) control the uses allowed on this property. This site is within the approach zone of the Airport and it is situated approximately 8,50U feet north of the northern extremity of the runway and in line with the extended runway center line. Section 4 of the Municipal Airport Zoning ordinance limits the height of buildings to one foot for every 50 feet of horizontal dis- tance. Considering that the site is 15 feet higher in el- evation than the runway, the maximum building height to be allowed on the site is 1SS feet. 't'he ordinance section concerning noise would also be applicable to the use and development of the site in the future. She also stated that this proposal does not violate any Development Guide policies. She said that the Planning and Zoning Commission considered Z-1709 at its meeting on November 28, 1984 and voted 7-0 to recommend a pprovsl subject to the applicable provisions contained in ~he Municipal Airport Zoning Ordinance. She added that staff recommends approval. REBUTTAL: None offered. Chair declared public hearing closed. DECISION: Ms. Brock stated that she realized it is a tech- nicality that this case was brought back to the Commission. She said that she was assuming at this point that this case could be denied by the Commission. Mr, Morris asked for the reason why the staff brought the zoning request back to the Commission, Mr. Ellison said a technical error in the annexation process and that the thinking is that if the annexation Is not valid then the zoning is not valid, Mr. Mnrrls asked if the case went be- fore the City Council. Mr, Ellison said yes. Mr. Morris said that the commission can take any action they desire. Ms. Brock moved to recommend approval of Z-17U9, Seconded py Mr. Escue and unanimously carried (6-0). B. 167, Petition of the Cumberland Presbyterian Children's Me requesting an amendment to specific Use Permit (5-167), The property is located at the southwest corner of Bernard and Greenlee streets and is further described as 1304 Bernard Street, Lot 1 Block 1, of the Cumberland Presbyterian Children's home kdditloa for a total of 17,317 acres, If the request is approved the amendment will al- low the construction of an Activities building that is not included on the original sits plan. p ; L Minutes April 23, 1946 page 3 Twenty-three notices were sailed to property owners within 200 feet; one reply form was received in favor, no reply forms were received In opposition. PETITIONER: Greg Edwards, Metcoplex Engineering Corpors- on, sa that there are two differences from original site plan: 1) Activity center has been relocated, and 2) A future cottage has been added. He sold that the Commission has seen the go plat and approved it. He said that they will be processing the final plat. Mr. Claiborne asked if this building will be replacing the ball field. Mr. Edwards said yes. Mr. Juren asked if the activities buitdin is the same size as the first one that was proposed. Mr. Idwards said yes. Mr. Juren asked about the nature of the cottage, Mr. Edwards said the staff necessary for expansion of the facilities will use the cottage. Mr. Juren asked why they felt It was necessary to move the building. Mr. Bdwards said because of drainage considera- tions in the old location. Ms. Brock asked if there would be a change in activities or number of children involved. Mr. Edwards said no. James Gilbert, Administrator, asked if the sidewalk issue is resolved and if not is a sidewalk required. Mr. Claiborne said that sidewalks will be required on Greenlee and Bernard unless the Commission decides to omit the requirement, Mr. Gilbert said that existing sidewalks are located on the corner of Greenlee and n,rnard Streets. He said that there is a sidewalk on the east side of Bernard Street in front of Kamsgate Apartments, He said that when one leaves the sidewalk on Greenlee there are only residences. Mr. Ellison asked if there are sidewalks on their side of Bernard and Greenlee. Mr. Gilbert said no. Mr, Ellison stated that staff is recommending sidewalks, Mr. Gilbert stated that he ob}ects to sidewalks. He said that they ,have sufficient sidewalks internally for the children to ride bikes, skate, and other various activities. He -aid that they have sidewalks on Bernard where it is not fenced in and do not see building more sidewalks will benefit. Mr. Claiborne stated that the proposed activity building is some distance away and asked if the children are proposed to be walking on the streets or parking lots. Mr. Gilbert stated that they have no inside traffic and could foresee no hazard. Mr. Pearson asked for an explanation on the moving of the building. Mr. Gilbert stated that they were too congested where the building was originally proposed. He said that they needod more open space. He said that the ball field has been moved to the left of the proposed building. Mr, Pearson asked if the building is strictly for the use of the home. Mr. Gilbert said that occasionally groups use their facilities. He said that they will have an addition- al staff Verson to be In charge of recreation. He said that their present gym is not idequate. ,t. 4^r -`'.-.,'y~,,'.'' t a ;,y _:,,1•.pt P a Z Minutes April 23, 1966 Page 4 Mr. Ellison asked that they not show the service drive on the plat. 11r. Gilbert stated that at one time they had two en rances into their can us for be ter flow of traffic. He so d that he can see no lrealon to orfett the drive. IN FAVOR: Ron Arrington stated that a definite need exists for a new gyrt facility. He said that he sees sidewalks as an extra and that the money could be better spent In other areas to benefit the children, OPPOSED; None present. STAFF REPORT: Ms, Paster stated that the Cumberland Fro yto Children's Home is a legal non-conforming institutional use that has existed at its present address, 1304 Bernard Street, since 1939, The Children's Home is classified as an institution of religious or philanthropic nature by the current City of Denton Zoning Ordinance and a specific use permit was approved in 1983. Sho said that the request is for an amendment of S-167 to allow the con- struction of a recreational building. The scale and scope of the proposed structure appears to bo reasonable. She said that the Development Review Committee has reviewed the site plan and setbacks are adequate, She said that this area is over based on current zoning, She said that while staff cannot recommend approval of this request, due to the violation of the intensity standard, the Planning and Zon- ing Commission may wish to consider this request as benefi- cial to the City of Denton. She added if the Commission is inclined to approve that several conditions are recommended by staff. Mr. Clark stated that the reason staff suggested sidewalks is because of the school type atmosphere. He said that ne did not hzve a problem with the service drive but that the drive muss; conform with the subdivision regulations. Ms. Brock asked if there is adequate access for fire vehicles. Mr Clark said yes. REBUTTAL: Mr. Gilbert stated that he was having a hard t m+fe understand'nq all the rules and regulations and that they seem to change every time a new building or change is proposed. Chair declared public hearing closed. UECiS1ON: Mr, Buren moved to recomend approval of S-10 wwit following conditions; 1. Uses and facilities shall be limited to those Inciden- tal or related to the Children's Home and shall conform to the approved site plan. 2. All applicable development codes of the City of Der;ton (zoning ordinance, building parmlts, etc.) shall be enforced. 3. The Children's Home use shall be limited to the 17.359 acre tract exhibited on the approved site plan, Seconded by Ms. Cole and unanimously carried (6-U). C. H-35. Petition of Mr, and Mrs. Ken Bradley requesting TI-storic landmark (H) designation at SUS 9olivar Street. The property is further described as all of lots 4 and 5 and part of lot 3, block 4, of the Bacon Addition. Twenty-two notices were mailed to property owners within 200 feet; no reply form.i were received In favor, three reply forms were received in opposition, is ' Was NO. AN ORDINANCE AMENDING THE SPECIFIC USE PERMIT GRANTED UNDER ORDINANCE N0. 83-36 TO PROVIDE FOR A, REVISED SITE PLAN,, AS SAID PERMIT AND PLAN APPLY TO 17,359 ACRES OF LAND LOCATED AT NORTHWEST CORNER OF BERNARD AND GREENLEE STREETS; PROVIDING FOR A PE}:4LTY IN THE MAXIMUM AMOUNT OF $1,000,00 FOR VIOLATIONS THEREOF; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Ordinance No, 83.36, approved on April 5, 1983, providin for a specific use permit for a children's home on 17,359 acres of land ^i described therein, is amended by adoption a revised site plan therefore, attached hereto as Exhibit A and incorporated herein by reference, so that hereafter the development and use of the property shall be subject to the revised site plan. SGCTION II. That a copy of this ordinance shall be attached to Ordinance No. 83-36, showing the amendment herein wade, SECTION III. Any person who shall violate a provision of this ordinance. or a provision of Ordinance No. 83-36, incorporated herein by reference, or fails to comply therewith or w1th any of the requirements thereof, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding One Thousand Dollars (51,000.00), Each such person shall be deemed uilty of a separate offense for each and every day or portion t ereof during which any violation of this ordi- nance is committed, or continued, and upon conviction of any such violations such person shall be punished within the limits above. SECTION IV. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the city of Denton, Texas, within ten (10) days of the data of Irs passage. PASSED AND APPROVED this the day of 1986. CITY OF DENTON, TEXAS ATTESTi 50LOTTE ALLEN CITY SIGRETMEY CITY OF DENTON,,TEXAS APPROVED AS TO LEGAL POW DEBRA ADAM DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: nA\ r~eCt ~ti rz. I I I _ . ~ Ir try, t I ~ r/~r 41 F ~ y I r_ 4m YM f i r i ~ ? 'rw .434 x°4'a?'+..`°~i 'w ~p-. "r ..tea i ~ e r.. ~s~ra r rW .$yaryrr+ M m;r p?. m DATE: June 3. 1 W6 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd Harrell, City Manager SUBJECT: "L-1709 RECOMMENDATION: The Planning and Zoning Commission considered this request at its meeting of April 23, 1986 and it was approved with conditions. SUMMAV : This is a request for a change in zoning from agricultural to office district on a 5 acre tract situated west of and abutting Masch Branch (toad and north of U. S. Highway 380 (University Drive). BACKGROUND: A technical error in advertising was made when the site was originally annexed in 1985. On January 21, 1986 the annexation was again processed to meet legal requirements. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Not applicatfle FISCAL IMPACT: There 1s no impact on the general fund. Resp ull~u d: iCity Manager Pr a by: c rum Planning Assis ant Appr e Jef Me Director of Planning and Development . it } ly,{ u' Gk a ,L .'+k PLANNING AND ZONING COMMISSION RECOMMENDATION TO CITY COUNCIL To: Denton City Council Case No.: Z-1709 Meeting Date: Tune 3, 1986 GENERAL INFORMATION Applicant: Burke Engineering For Tri-Steel Structures 1400 Crescent, Denton, Texas 76201 Status of Applicant: Owner - Developer Requested Action: Establish zoning as office district (0) classification Location and Size: A tract of 5.00 acres situated west of and abutting Masch Branch Road and North of US Hwy 380 (University Drive) Surrounding Land Use and zoning: North - Vacant, agriculture; A South - Vacant, agriculture; A East - Vacant, agriculture; A West - Vacant, agriculture; A Denton Development Guide: Area is designated as low intensity SPECIAL INFORMATION Transportation: The site abuts Masch Branch Road recommended for 60 foot right-of-way width (collector street) which connects to US 380 (University Drive). Perimeter street paving regulations are applicable to Masch Branch Road. No access will be permitted from Highway 380. Sidewalks will be required as per subdivision regulations. 4' z'r ,..?Prr3' ' i pr'r, .fi : 1:.n "v r r' }a 4 r n^'7~.Xa'tr` r' °t'3 f-._ a ._'.1 # 71TV7~ 7M (Case t Z-1709) Page Two SPECIAL INFORMATION (continued) Utilities: There is need for a 12' diameter water line and a 10` diameter sanitary sewer line to be extended across the frontage of the property and connect to existing facilities at Ranch Estates (approximately 10680 feet). The required water flow for fire protection is 11500 GPM, and 2,477 GPM is available. Fire hydrants will be required every 300 feet. Telephone and electric services are available, Drainage: The western part of the site falls within the flood plain, FEMA regula- tions will be applicable to drainage improvements. An improved channel will be needed on this site. H T' 'CORY A technical error in advertising was made when the site was originally annexed in 1985. On January 21, 1986, the annexation was again processed to meet legal requirements. ANALYSIS The use and development of this site will need to satisfy the requirements of the Denton Development Guide and the Denton Municipal Airport Ordinance. (Ordinance 81-1) According to the Development Guide, this site falls within a low intensity area. The primary purpose of a low intensity area is to provide for overall land use/transportation balance by con- trolling the density and intensity to 75 trips/day/gross acre. Development in these areas, therefore, emphasizes residential uses. At the same time, however, diversification of land uses is encouraged but limited to the following conditions: 1. Strict site plan control within one block of existing low density residential areas (development should maintain character of area, architectural, landscaping, etc.) At this time, there is no low density housing within one block of the bite. a. P~° w e .rvm'~?- .3'-:: "H.';. '3.".Y" ~.;°+~a: 3r ~ x ~a y e FT,e ,•a ,ks cn.sv r (Case # Z-1709) page Three ANALYSIS (continued) 2. Traffic planning insures access by collector street or larger and not through local low density streets. The site abuts Masch Branch Road, which connects to US Hwy. 380, a primary major arterial. 3. The overall density/intensity standard is not violated. Most of the land in this low intensity area is currently zoned agriculture (A)l however, office development on this site will generato a moderate 1,750 intensity units. 4. Sufficient green space, recreational facilities and diversity of parks are provided. This condition is not applicable to office zoning. The Development Guide also restricts o,Efice/retail type of development to 4 acres or 2,600 intensity units. The limit of 4 acres applies directly to retail uses which generate 650 t/d/ac yielding an intensity unit of 2,600 t/d/ac. Office development, however, will generate 350 t/d/ac which in this case will result in an intensity unit of 1,750 t/d/ac. The proposed office dis- trict (0) classification of this site is, therefore, compatible with the policies of the Denton Development Guide. The site is located within the "controlled area" as defined by the Airport Zoning Act and the use and development of land in this area is regulated by the Denton Municipal Airport Zoning Ordinance. The site is within the approach zone of the Airport and it is situated approximately 8,500 feet north of the northern extrem- ity of the runway and in line with the extended runway center line. Section 4 of the Municipal Airport Zoning Ordinance limits the height of buildings to one foot for every 50 feet of norizontal distance. Considering that the site i., 15 feet higher in elevation than the runway, the maximum building height to be allowed on the site is 155 Feet. Section 7 of the ordi- nance would also be applicable to the use and development of the site in the future, .4 "7 t" (Came # Z-1709) Page Four RECOMMENDATION The Planning and Zoning Commission reconsidered 2-1709 at its meeting on April 23, 1986 and voted 6-0 to recommend approval. The following provisions contained in the Municipal Airport Zoning Regulations (ordinance 81-1) are applicable: 1. Buildings on the site shall not exceed two stories in building height. 2. The provisions contained in Section 5 of the Municipal Airport Zoning Ordinance (ordinance 81--1) ars applicable to the future development, and use of the sii,e. 3. The owner of the site and/or buildings and appurtenances in question will allow the City to install, operate, and maintain at the expense of the City of Denton such markings and lights a3 may be necessary. ALTERNATIVES 1. Approve petition 2. Deny petition ATTACHMENTS 1. Location map 2. Property owners list 3. Reply form # ; J.s , <t....,. 4. Planning anc~ 1onfng Commission minutes of April 23, 1986 0952a MW M 4 f , 1 _ I 1 ` A F SF SF -34 SF• 7 I ' ZOO 17 ,6R PD-13 r.•.:---- MOM"• I 11 PD-84 I 11 • 1 Ll C 1 1 C ' Il A 1 i 1 1 1 • L l \ 11111 1 0-85 i L l PROPERTY OWNER REPLY FORMS CITY COUNCIL Z-1709 IN FAVOR IN OPPOSITION UNDECIDED John F. Brown None Received Route 1, Box 362E Denton, TX Billie Barry and Myron Borth P.O. Box 38 Krum, TX i 5 ~ t Z -A51i Z-4 AOt 1 I Xgmg • 217 A&Mjl/ r ~rr L13w) /1, 4 71gj~l Minutes planning and Zoning Commission April 23, 1986 The regular meeting of the Planning and Zoning Comoission of the City of Denton, Texas was held on Wednesday, April 23, 1986, at S:00 p.m., in the Council Chamber of the Municipal Building. Present: Euline Brock, Bill Claiborne, Ruby Cole, R. B. Escue, Jr., Gary Juren and Tom Pearson Absent: None Present from Staff: David Ellison, Senior Planner; Denise Spivey, Urban Planner; Cecile Carson, Urban Planner; Taryon Paster, Planning Technician; Stacey Crum, Administrative Intern; Martha Fujauski, Administrative Intern; Joe Morris, Assis- tant City Attorney; Steve Brinkman, Director of Parks and Recreation; David Ham, Assistant Director of Utilities; Jerry Clark, City Engineer; and Susan Mitchell, Secretary 1. MINUTES A. It was moved by Ms. Brock, seconded by its. Cole and unanimously carried (6-0) to approve the minutes of the )oint study session of the Planning and Zonin Commission and the Parks and Recreation Board on March It, 1986. B. It was mnved by Mr. Juren, seconded by Mr. Escue and unanimously carried (6-0) to approve the minutes of the regular meeting of March 16, 1986, C. It was moved by Mr. Juren, seconded by Ms. Brock and unanimously carried (6-0) to approve the minutes of the regular meeting of April 9, 1986. 11. CONSENT AGENDA: tt was moved by Mr. Juren, seconded by s. Cole an unanimously carried (6-:)) to approve the consent agenda as follows: A. Approval of vacation of the Business Center 188 Addition, Phase 1. B. Recommend approval of preliminary plat of the LISD-Farris Road Addition, Lot 1, Block 1. C. Approval of amended plat of Lhe Med-Tex Subdivision, Section 11, Lot 3, Block A. 111. PUBLIC HEARINGS A, r Z 1709. Petition of durke Engineering, representing Tri- 5 e I-Structures, requesting a change In zoninj from the agricultural (A) classification to the office `0) classifi- cation. The tract is five (S) acres of land situated west of and abutting March Branch Road and north of U.S Highway 380 and more fully described as lot 1, block 1, Tri-Steel Headquarters Addition. If the zoning change is approved, the property may be utilized for any land use permitted in the office (0) classification by the City of Lanton Zoning Ordinance. Seven notices were mailed to property owners within 200 feet; no reply forms were rec:aived in favor or opposition. PETITIONER: Brian Burke, Burke Engineering, stated that t 5e p`urpose is to allow them to extend city utilities at their expense, plat the property and build an office building for the Tri-Steel headquarters.. Mr. Ellison asked if there is any development now. Mr. Burke said no. Mr. Ellison asked if there is any v fiC+ l~+£ ' .'I PR R t k°'•'a R } ? i c?a yea}' p 1 Z minutes April 230 1946 Pap 2 development anticipated this year. Mr. Burke said that they plan to break ground on the utilities this year. Mr. Claiborne asked if an old farmhouse is located on this property. Mr. Burke said yes, Mr. Claiborne asked how much property back to the east that is not developable. Mr. Burke $toted that there is a 12 acre bend that is not developable unless channelized but the ownnrs would rather not channelize. IN FAVOR: None present. OPPOSED: None present. STAFF REPORT: As. Crum stated that technical error in a vert"TsTn`was made when the site was originally annexed in 1985 an that on January 21, 1966, t,,e annexation was again processed to most legal requirements. the said that the Airport Zonin Act and the D nton Municipal Airport Zoning Ordinance Ordinance 61.1) control the uses allowed on this property. This site is within the approach zone of the Airport and it is situated approximately s,SOO feet north of the northern extremity of the runway and in line with the extended runway center line. Section 4 of the Municipal Airport Zoning Ordinance limits the height of buildings to one foot for every SO feet of horizontal dis- tance. Considering that the site is 1S feet higher in el- evation than the runway, the maximum building height to be allowed on the site is lSS fftet. The ordinanr:- section concerning noise would also b• applicable to the use and development of the site in the future. She also stated that this proposal does not violate any Development Guide policies. She said that the planning and Zoning Commission considered 2.1709 at its meeting on November 28, 1964 and voted 7.0 to recommend appProval subject to tho applicable provisions contained I. the Municipal Airport Zoning Ordinance. She added that staff recommends approval. REBUTTAL: None offered. Chair declared public hearing closed. DECISION; Ms. Brock stated that she realized it is a tech- nicality that this case was brougght back to the Commission, She satd that she was assuming aE tnis point that this case could be denied by the Commission. Mr. Morris asked for the reason wny the staff brought the zoning request back to the Commission. Mr. Ellison said a technical error in the annexation process and that the thinking is that if t'ie annexation is not valid then the zoning is not valid. Mr. Morris asked if the case went be- fore the City Council. Mr. Ellison said yes, Mr. Morris said that the Commission can take any action they desire. Ms. Brock moved to recommend approval of Z-1709. Seconded by Mr. Escuo and unanimously carried (6.0). B. S•167. Petition of the Cumberland Presbyterian Children's go-We-requesting an amendment to Specific Use Permit (S»167). The property is located at the southwest corner of Bernard and Greenlee streets and Ls further described as 1304 Bernard Street, Lot 1, Block 1, of the Cumberland Presbyterian Children's Homo Addition for a total of 17,31" acres. If the request is approved the amendment will al- low the construction of an ct vlt es building that is not included on the ori=tnal site plan. { 1047E r NO. AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, ' TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO APPROXIMATELY 5.00 ACRES OF LAND SITUATED WEST OF AND ABUTTING MASCH BRANCH ROAD AND NORTH OF U. S. HIGHWAY 380, AND MORE FULLY DESCRIBED AS LOT 19 BLOCX 1, TRI-STEEL HEADQUARTERS ADDITION; TO PROVIDE_ FOR AN OFFICE 110" DISTRICT ZONING CLASSIFICATION AND USE DESIGNATION FOR SAID PROPERTY; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS! SECTION I. That an Office "G" District Zoning Classification and Use designation is hereby established for all of the property described below under the Comprehensive Zoning Ordinance of the City of Denton, Texast All that certain tract of land situated in the S. Huizar Survey Abstract No. S14, Denton County, Taxes, and being a part of the called 69.198 acre tract described in the deed from Lorene Sheppard Darrow, at al to John P. Brown recorded in Volume 1092, Page 748 of the Deed Records of Denton County, Texas; the said tract being more particularly described as follows: BEGINNING for the northeast corner of the tract being described herein, at an iron rod set in the east line of the said Brawn Tract south 0102301810 east a distance of SSS.7 feet from the northeast corner thereof and being in the west line of Masch Branch Road; THENCE south 01.13118" east with the east line of the said Brown Tract and the west line of Masch Branch Road a distance of 406.26 feet to an iron rod set for the southeast corner of the herein described tract; THENCE south 88°36124" west across the said grown Tract, passing at 541,84 feet to an Iron rod set on the east bank of a dry branch and continuing along the same course, in all, a total distance of 569.68 feet to a point in the centerline of the said branch for the southwest corner of the herein described tract; THENCE northerly up the said dry branch the following south meander calls: 1. North S1007111" west a distance of 144.35 feet; 2. North 20157102" east a distance of 132.88 feet; 3. North 8748154" east a distance of 106,69 feat; 4. North S6616135" east a distance of 178.40 feet; S, North 12054108" west a distance of 9S.07 feet; to a point for the northwest corner of the herein described tract; THENCE north 88°36124" east leaving the said dry branch, and passing at 34.0 feet, an iron rod set on the bank thereof and continuing along the sane course, in all, a total distance of 390.89 feet to the place of beginning and enclosing 5.040 acres of land. SECTION II. The Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas under ordinance No. 69-1, be, and the same is hereby amended to show such District Classification and Use. SECTION III. That the City Council of the City of Denton. Texar, hereby finds that such zoning is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonahle consideration, among other things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and oncouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. SECTIGN IV, That this ordinance shall be in full force and effect Immediately after its passage and approval, the required public hearings having heretofore been hold by the Planning and Zoning Commission and the City Council of the City of Denton, Texas, after giving due notice thereof. PASSED AND APPROVED this the day of 1986. RAY STEPHENS, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE , SECRETARY CITY CITY Of DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY. 'YYl ~ Z-17091PAGE 2 ra,a' Mumma af°?5~n iy°$¢v,aC+7y+.r'r g nq•'FS:; ''-T Y, r ,S VATSs 6/3/66 CITY C2"CIL RNPORT .FORMAT ~ f TO: Mayor and Members of the City Council FROM: Lloyd Harrell, City Manager SUW9CT: Public Hearing for Zoning Case Z-1798 RECOMMENDATION: The Planning and Zoning Commission considered this item at its meeting of April 23, 1986 and voted to recommend approval of 2-1798 by a vote of 6-0. SUMMARY: This is a request to amend An existing 14 acre planned development located Along the east side of Riney Road, adjacent and south of Highway 77 and north of Windsor Drive at a point approximately 220 feet east of the intersection of Riney Road and Windsor Driva. Thirty-one single family detached lots (SP-7) and a 38,000 square foot retirement/recovery center are permitted in the planned development. BACKGROUNDS This request would eliminate 22 of the single family lots and replace them with a 5.8 acre church site. While approval of the amendment would not violate the intensity standard for this low intensity area, it would double the intensity on this tract. PROGRAMS. DEEMTMENT$ OR GROUPS AFFECTED: Not applicable FISCAL IMPACT: There is no impact on the general fund. R a tf mitt L1 d Harrell Prepared by: city Manager 7 Denise Spivey Urban Planner Approv 77eff Meyer- Director of Planning and Development 0171k rv arfi , PLANNING AND ZONING COMMISSION RECOMMENDATION TO THE CITY COUNCIL To: Denton City Council Case No.: Z-1798 Meeting Date: June 3, 1986 GENERAL INFORMATION Applicant: Ana Pena 4300 Valley Crest Arlington, TX 76010 Stttus of Applicant: Owner Requested Action: Amendment of an existing planned development. Locat{.on and Size: 14.07 acre parcel located along the east side of Riney Road, adjacent and south of Highway 77 and north of Windsor Drive at a point approximate) 220 feat east of the intersection of Riney Road and Windsor Drive. Surrounding Land Use and Zoning: North - Single family; SF-16, A South - Single family; SF-71 SF'-10 East - Single family, vacant; A West - Single famil~, park, Y.M.C.A.; Denton Development Guide: Area is designated as low intensity. SPECIAL INFORMATION Transportation: The entire planned development has approximately 1,700 feet of frontage along Riney Road, an unimproved collector. The proposed church site has 471 feet of frontage along Riney Road. The developer must dedicate appropriate right-of-way and provide pavement, curb, and gutter improvements to one-half of Riney Road. Access for the church lot must s , RMV.i °r e~'" r, 7aj:;,~, .T wey •e. ?L r+w,. Ye" ?S. F t? sfi' .:s*; (case a-1798) Page Two SPECIAL INFORMATION (Continued) comply with subdivision rules and regulations concerning width and spacing of driveways on collector streets. Utilities: Adequate electrical, telephone, and gas service is available for extension to this site. There is a 16" water line in Riney Road on the west side of this tract and a 6" water line in Highway 77. There is an 8" sanitary sewer in Highway 77 along the northern boundary of the planned development. Drainage: Drainage is a major consideration for the entire planned development. The approved plan can be designed satisfactorily if adequate green space and other on-site facilities are properly designed. Detention will be required on the southern part of the property. Culverts will be required under Riney Road to carry water to the west. HISTORY The city council denied a request for a change in zoning from the agricultural to the planned development classification for 118 multi-family and 41 two-family units on this site in May of 1983. The City Council also denied a request for a change from agricultural to planned development for single family housing (15 lots with a typical size of 80' x 1101), single family attached (townhomes - 56 units), and duplexes (13 lots with 26 units) in February of 1984. Considerable opposition from the Northridge community appeared to be a factor in the Council's decisions. In May of 1985, the City Council approved a request for a change from agricultural to planned development that permitted 31 single family detached lots (SF-7) and a three story, 38,000 square foot retirement/recovery center. 1 St `r.~su, r"i ~ (Case Z-1790) Page Three ANALYSIS This property is located in a low intensity area. The Denton Aevelopme,it Guide designates these low intensity areas as thQ primary residential areas of the City. Thirty-one (31) single family detached lots are provided in the approved planned development. It the amendment is approved, twenty-two (22) of these lots would be eliminated and replaced by a 5.8 acre church site. A comparison of traffic generation figures rec•eals that single family detached (SF-7) land use generates 47 trips per day per gross acre, while a church land urge generates 85 trips pec day per gross acre. While approval of' the amendment would not violate the intensity standard, it would almost double the intensity for this tract. In addition to intensity, neighborhood input is the crucial issue in this request, The history section of this report reveals that neighborhood opposition was a determining factor in the two earlier zoning requests that were denied. After many months of meetings the developer and the ne~!.ghborhood reached an acceptable compromise. Some neic~,borhood residents have asked if there is a limit on the number of times a neighborhood is expected to defend against zoning that is perceived as a potential detriment to the character of its area. A landowner or a prospective developer has the right to request a change in zoning so long as policies and procedures of the City of Denton are followed and permit them to do so. Another area of concern is the improvement of Riney Road guaranteed by the original planned development. The approved ordinance contains the following conditions "The developer shall dedicate appropriate right-of-way and p; wide necessary off-site street and d►:ainage improvements along half of Riney Road from Windsor Drive to the beginning of the proposed new alignment of Riney Road, The developer will be zequired to pay the total cost for that section of Riney Road within the development. Existing Riney Road shall become a cul-de-sac at its northern terminus to prevent direct access onto Highway 77. Plans for installation of the cul-de-sac are required at the time of plattinV. Actual cul-de-sac must be installed when initial development, occurs." The Planning and Caning Commission has recommended that this condition as well as all conditions of the original ordinance be incorporated into the amended planned development. i 1 (Case z-1798) Page Pour RECOMMENDATION The Planning and Zoning Commission considered this item at its' meeting of April 23, 1986 and voted to recommend approval of Z-1798 by a vote of 6-0 with the condition that all conditions or the original planned development will be incorporated into the amendment. ALTERNATIVES 1. Approve petition 2. Deny petition ATTACHMENTS 1. Location Map 2. Proposed Amended Site Plan 3. Appr;;,ved Site Plan 4. Approved Planned Development Ordinance 5. Reply Form Totals 6. Property Owner List 7. Planning and Zoning Commission Minutes of April 23, 1986 0137o i~ LI t I ~ I i y I 1 , a I t I; RINEY ROAD j ( PD.$ S 13y I~ k -1798 1 I DSOR KNOW ram* 1\ w •ti 1 1, if f Locrr ~+ur MM L wlYi~sportrar n %AmpV* o 40 S ' / h. .G I" V TW TaWi eft AKiOInN mw#A % k11LplNo rcOOR ,A11II~(A IN !D~` • SOT 4. B OBI{ A 7NALL MOt CNCCED LOT 7 ►r 1117 R bum 0 a~ w 2~ M10[ ~~r fl if • 1 I / / '.II MrK11lRAlf 704E I 1748 I 1 / I ~ N O/rlfrL M'M O4 ! . _IIMM ' I / / I ^ M i I '•e f' unc us ' N narfll•.r wAe !.o OR / 1 AfORTNRILAE HE"" I / I + CAUD II,700 AM / M.N.6ww'Nmema *Rwv 4kd / b tITV II ewwv OF pew?"' mm. trx..•"I I . ~ f /SL/oc~ ALL-- J1. Inv (f►li r•' r ~ 7- I afrt MMIk c riff. AM{'~ 1 1t aSllt _ nrtad►M . I ~ MIAIA ►!W fa.ffl• 1•w•N •n•tw lflt - w,.,•... •:r,dp AdrflR dlfl .wp w. A A-Md1Mr7 7MwW w ow^ 1N, r • Mx' ussm r~♦ Anew f ~c1~1 1 w ~ • \ 00 BLOCK ♦ ; Q J ♦ * \ ; 1 EMT 4 1 CE \ wrf a~ 'pr f N 1 I • ,I le H p I ' ~ o ~ I &L J"p ~ I 1 r rr . rr r 7 •l, ♦ r f I - ~y. Re ~ ~4 ~ I 1135L NO. -1 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DEN:-V TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORD11; .gCES OF THE CITY OF DENTON, TEXAS BY ORDINANCE NO, 69-1, AS AMENDED, AND AS SAID MAP APPLIES TO 14.06 ACRES OF LAND LOCATED ALONG THE EAST SIDE OF RINEY ROAD, ADJACENT AND SOUTH OF U.1 S. HIGHWAY 77, AND FEEETMEAST OFWINDSOR THE INTERALCTIONAOF POINT RINEY BKpAD AND WINPROXIMATELY DSOR DRIVE, 220 IS MORE PARTICULARLY UESCRIBED °EREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICA- CLASSIFICATION A IAND USE DEIGNAION;NPROVIDING PFOR At1PENALTY INC MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TLrXAS9 HEREBY ORDAINS: 9ICT1014 1, That the zoning classification and use designation of the following described property, to-wit: 'rKACT 1: All that certain tract or parcel of land situated in the 97-T -Reisenheimer Survey, Abstract 610, Denton County, Texas, beinb all of a certain tract described in a deed from C. C. Smith, at ux, to horacio Pena, at al, on the 12th day of October, 1976, and recorded in Volume 808, Page 920, deed Records of said County, and being more fully described as follows: BEGINNING at the northeast corner rnf said Pena Tract at a steel gin pin at a fence corner on the south boundary Line of U. S. Highway THENCE south along and near a fence on the east boundary line of said Pena Tract a distanco of 804.83 feet to an iron pin at a fence corner at the northeast corner of a tract described in a deed from Cleora Parker to Melvin R. Da"e on the 27th day of June, 1964 and recorded in Volume 511, Page 596, Deed Records of Denton County, Texas; THENCE south 89°17'06" wust with the north boundary line of said Dane Tract a distance of 196.0 feet to an iron pin at a fence corner at the northwest corner of said Dane Tract; THENCE south 0°01'47" west with the west boundary line of said Dane Tract along and near a fence a distance of 318.5 feet zo an iron pin in the middle of Old Sanger Road at the southwest corner of said Dane Tract; THENCE south !17°40'26" west with the middle of Old Sanger Road a distance of 42.88 feet to a found iron pin at the southeast corner of a tract described in a deed from Grady R. HcEuin, Jr., at ux to J. A. Miller and recorded in Volume 921, Page 485, Deed Records; THENCE north 0°10'56" east with the east boundary line of saia Ailler Road a distance of A17.97 fast to a found iron pin at the northeast corner of said Miller tract; THENCE south 89°53'45" west with the north boundary line of said Miller tract a distance of 109.96 feet to a fence corner post at the southeast corner of a tract described in a deed from Patrick E.4 Parker and recorded in Volume 667, Page 591, Deed Records of Denton County, Texas; 77 fir THENCE north 0'49'10" west with a fence on the east boundary line of said Parker Tract a distan%:e of 98.28 feet to a feces corner post; THENCE mouth 88°53'29" vast with a fence on the north boundary line of said Parker tract a distance of 139.20 feet to.an iron pin in the middle of Riney Road; THENCE north 81°26'52" west with the middle of Riney Road a distance of 659.95 feet to an iron pin at an angle point in said road; THENCE north 27°1.3'51" west with the middle of Riney Road a distance of 544.54 feet tj an iron pin; THENCE north 48°17'27" east a distance of 24.73 feet to a found iron pin at the southwest corner of i tract described in a deed from Robert J. Moon, at ux to Charles Melvin Cunningham and recorded in Volume 632, Page 217, Dead Records of Denton County, Texas; THENCE nor.;h 48`17'27" east with the southeast boundary line of said Cunningham Tract a distance of 274.94 feet to a found iron pin at the southeast eornor of said Cunningham Tract on the south right-of-way of U. S. Highway 77; THENCE south 59°34'29" east with the south right-of-way of U. S. Highway 77 a distance of 251.25 fast to a found iron pin; THENCE south 58°50'46" aast with the south boundary line ofoU. S. Highway 77 a distance of 454.97 feet to the point of beginning containing in all 14.0734 acres of land. TRACT II. BEGINNING at a steel pin in an old fence corner at the intersection of the east boundaryy line of Riney Road and the south boundary line of U. S. Highway 77; THENCF south 59°22147" east w{th the south right-of-way of U, S. Highway 77 a distance of 239.72 feet to a found iron pin at the northeast corner of a tract described in a deed from Robert J. Moon, at ux to Charlie Melvin Cunninggham, at ux and recorded in Voluwa 632, Page 217, Dead Records of Denton County, Texas; THENCE; south 47°09'33" west with the nort+i boundary line of said Cunningham Tract a distance of L26.37 feet to a found steel pin at the northwest corner of said Cunningham Tract on the east boundary line of Riney Road; THENCE north 28°38'43" west with the eaut boundary line o1! Riney Road a distance of 237.04 fast to the point of beginning, containing in all 0.3333 acre of land, is hereby changed from Agricultural "A" District Classification and Uea designation to Planned Development "PD" District Classification and Use designation under the comprehensive zoning ordinance oft the City of Denton, Texas. SECTION 11. That prior to issuance of any certificate of occupancy for the use of any building within the planned development district,, the following conditions stall be met; 1. The overall density level of the entire tract shall not ex.ead 7.9 units par acre, 2. The retirement/recovery center shall be limited to 80 units, 3. The developer shall dedicate appropriate ri ht-of-way and provide necasemrv off-site street and drainage prove"ots in accordance with' City of Denton requirements along half of Riney Road from Windsor Drive to the beginning of the proposed , l,NA/ PA4iE 2 R A ,a new alignment of liiney Road. The dwelop4r will be required to pay total coat for that section of Riney Rod within the devclopaont (no city participation in oversising). 4. All singla family detached lots shall be a minimum of 9,000 square feet in size. 5. A six foot solid wood fence shall be erected along the southern boundary of the retirement/recovery center tract. 6. Care of alcoholic or narcotic patients is prohibited. 7. The use of the building designated as "retirement/recovery center on the concept plan will be limited to providing lodging, meals, and nursing care for ill or elderly persons only. S. If the single family e.gellings are two-story, no windows on the second floor will face existing developed property. 9. The Single family dwellings and retirement center shall be of masonry construction. 10. When the property is subdivided and developed, drainage will not be allowed to flow across the north line of the Dane property. 11. All dwellings shall be a minimum of 1,600 square feet in size. 12. Existing Riney !toad shall become a cul-de-sac at its northern terminus to prevent direct access onto Highway 77. Plans for installation of cul-de-sac are required at time of platting. Actual cul-de-sac must be installed when initial development occurs. SECTION III, That the development of the property shall be in substantial compliance with the site plan attached hereto and made a part hereof for all purposes. day ofe JaZoning nuary, Map of aseaniAppendixDenton, the Texas, Code of. Ordinances 14th of the City of Denton, Texas under Ordinance No. 69-1, be, as amended, is c,Qrsby amended to show such change in District Classification and Use subject to the above conditions and specifications. 4ECTION IV. findshthathsuchichangenislinfa athe City of ccordance with Denton, a compreTeas hensive eplan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the cnaracter 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 t City of Denton, Texas, and its citizens. SECTION 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 tnereunderJ shall ba guilty of a misdemeanor punishable by a fine not exceeding one thousand Dollars ($1,000.00). Each such person snall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinanoa is committed, or continued, and upon conviction of any such violations such person shall be punished within the limits above. Z-1730/ANA ROCCA PEW PACE 3 -Wrl"T'r-, 117 _1177- T, SECTION VI. That this ordinance shall become effective fourteen (14) days from the date of its paasals, and the City Secretary is hereby di- rected to cause the caps on of this ordinance to be published twice in the Denton OAcord-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) lays of the date of its passaso, 74. PASSED AND APPROVED this the day of 1985. ' v ;r1uWv Q)45TEWMW7v. ijkY CIr OF D. ESTONO TEXAS ATTEST: CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: , DEBRA ADAM DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS Z-1130/,ANA ROCCA P'E;NA/P^46. 4 PROPERTY OWNER REPLY FORMS CITY COUNCIL Z-1798 IN FAVOR IN OPPOSITION UNDECIDED Chiping Lee Grady R. McEvl.n, Jr. 3100 Donna 1804 Linden Denton, TX Denton, TX Ralph Cordray L. 0. Maxwell 1509 Riney 706 Northridge Denton, TX Denton, TX E. Deats Headlee 418 Magnolia Denton, TX r i I 2 o~G Q'7Zo6 wo ZIA b ~ .6 41 A-C f r i~ Qloo ' L- i 3 x ~baa/ -Tp O-r 411 Aj .a a'?n, s z,~r[i•Tl ,-5 .r rs ..e ..t r ^z.r^,s I- r~ s / r 0 Ahwi l DIY P 4 Z Ninut('f April 23, 1916 Page 5 PETITIUNER: Ken Bradley, 805 Bolivar Street, stated that his fio`use is built on the site of the former Egan Farm, a working farm located in what is now downtown Denton. He said that this land belonged to Denton County Sheriff Egan and was the site of the first permanent building ever built in Denton County. He said that a summer house now stands at that exact location. He said that history says that Sheriff Egan was a personal friend of outlaw Sam bass, and that Bass often visited Egan, HR said that the property was purchased by Mr, and Mrs. David Barrow, a local Chevrolet dealer, who served on the City Council and School Board. He also was president of the Chamber of Com- merce. He said that the existing house was built by Clyde Carpenter in 1940 and several prominent citizens helped with the house, He said that the house is heated by a steam boiler and there is hardwood throughout the house of which some was from the property. He said that the nouse was once known to be a Denton showplace as a site for wed- dings and parties. He said that it is a total point of the neighborhood and is referred to as "the big house on the corner", He Said that he was surprised that three people were in opposition. IN FAVOR: None present. OPPOSED: None present. STAFF REPORT: Ms. Spivey stated that lot 8, 703 Bolivar, s a rev ously approved landmark, Ms. Spivey stated that Article 28 A-1 of the City of Lenton Zoning ordinance de- fines a historic landmark as any building, structure, site, district, area of architectural, historical, archeological or cult,3ral importance or value, which the City Council de- termines shall be Protected, enhanced, and preserved in the interest of the culture, prosperity, education and general welfare of the people. She said that the Historic Landmark Commission recommended approval of H-35 by a vote of 9-0 at its meeting of March IU, 198o and felt that the property and structure met seven of the criteria for historical (H) zoning designation. Mr. Claiborne asked if the external facade had been left intact, Ms. Spivey said yes. Mr. Juren asked if the documents required by Historic Landmark Commision had been satisfied, Ms. Spivey said yes and added that she believed that based on the reply of one person in opposition she feat the individual had been misinformed about historic designation. REBUTTAL: None offered, Chair declared public hearing closed. DECISION; Mr. Claiborne moved to recommend approval of 1;-35.-seconded by Mr. Juren and unanimously carried (b-0), U. x2.1798. Petition of Ana Yens requesting an amendment to an existing 14,US7 acre planned development located on the east side of Riney Road adjacent and south of U,S. Highway 77 and north of Windsor Drive at a point approximately 2Z0 feet east of the intersection at' Riney Road and Windsor Drive, The current planned development permits the devel- opment of thirty one (31) singgle family dwellings and one retirement/recovery center, The roposed amendment would permit the development of a church on a 5.8 acre portion of the single family site. P 4 Z minutes April 23, 1966 Page 6 Twenty-three notices were mailed to property owners within 200 feet; three reply forms were received in favor, two reply formi were received in opposition, one reply form was received undecided, PETITIONER: Greg Edwards, Metroplex Engineering Corpora- l on-I nj stated that basically it was not the intent of the petitioner to change the whole planned development. He said that original planned development included a S.8 acre area with 22 lots for sinaia family use. He said that they are revising the 22 lots Into one lot so that the Seventh Day Adventist can utilize this area for a church site. He said that this will enable the petitioner to do public im- provements contained in the original planned development. He said that they are aware of the drainage conditions in regards to the Dane property . He said that they have done preliminary studies and feel that the 16 foot drainage easement as proposed will meet those conditions and if a larger easement is needed it can be arranged. He said that they feel the church use is less drainage intense and a better proposal than earlier one. He said that the staff report states that the church will double the intensity on the tract, fin said that the church would have significant- ly less traffic than a residential or commercial use. He said that they feel this use basically assures public im- provements, helps church relocate and helps owner get on with her plans. Ana Rocco Pena, owner of property stated that one person should be responsible for the drainage improvements to as- sure that it will be constructed from the north to the south, She said that the Seventh Day Adventist Church needs to relocate because at their present location they are surrounded by commercial. She said that this is a benefit in all matters. IN FAVOR: Bill Waist, Treasurer of Texas Conference of :5-eventhi Day Adventist, stated that they are the land hold- ing corporation for the church, He said that they purchase and hold property for a local congregation. He said that it is necessary for the church to relocate because of sur- rounding development. fie said that it is historic that they improve the general locality and that it will be true in this case. He said that they are very happy to cooper- ate with the city and that this proposal will enhance the north side of Denton along with the retirement center and the YMCA. OPPOSED: None present. Ron Arrington, 620 Northridge, asked if proposal is approved will future land uses have to be approved, Mr. Claiborne said yes because it is a planned devel- opment district. A concerned citizen asked about the building material. Mr. Waist said that it would be brick veneer. Eileen Lockhart, Northridge stated that there is already an overconcent ration of retirement homes and churches in this area. Mr, Claiborne asked Mr. Dane if the drainage is satisfac- tory. Mr. Dane stated that he wanted it in writing so that It will be binding. Ms. Lockhart stated that the lots that face Windsor are higher and so the property behind gets most of the drain- age. Mr. Clark stated that David Leingeber owns the lots i P 3 Z Minutes April 13, 1996 Page 7 • that are behind the property. He said that if the origi- nal guidelines such as the rear entry garages were followed they could cargyy the dralna/0 to the low points. He said that Mr. Leingeber has fought with the city over access and has placed himself in a leggal dispute with the residents of this area. He said that tRa people concerned with the drainage need to request legal assistance to deal with his. He said that these issues are not a public facility issue, Mr. Pearson asked if the Lots were platted originally with an alley in the back. Mr. Clark said yes and that negotia- tions were made in that he also got driveways cn Windsor. Mr. Pearson asked if there is anything that the city can do. Mr. Clark stated that it is a civil matter between Mr. Leingeber and the property owners. He said that the drainage problem can be solved regardless of the alley. Mr. Arrington stated that his main concern is drainage. Mr. Clark etated the Mr. Leingeber's property was original- I lplatted with a private access easement, not a dedicated 11 y, STAFF REPORT: Ms. Spivey stated that several requests avebeen ■~a on this property such as suit;,-family, two- family, single family, townhomes and all were denied by the City Council. She said that considerable opposition from the Northridge community appeared to be a factor in the Council's decisions. She said in may of 1985, the city Council approved a request for a change from agricul- tural to planned development that permitted 31 single fami- ly detached lots (SF-7) and a three story, 38,000 square foot retirement/recovery center. She said that this prop- erty is located in a low intensity area. She said if the amendment is approved, twenty-two of the thirty-one lots would be eliminated and replaced by a S.8 acre church site. She said a comparison of traffic generation figures reveals that single family detached land use generates 47 trips per day per gross acre, while a church land use generates d5 trips per day per gross acre. She said while approval of the amendment would not violate the intensity standard, it would almost double the intensity for this tract, In addi- tion to intensity, neighborhood Input is the crucial issue in this request. She said chat the neighbors have asked how many times are they going to have to defend against zoning that it perceived as a potential detriment. Another area of concern is the improvement of piney Road guaranteed by the original planned development. She said if the church does not wish to install the required off-site im- provements, it is staff's opinion that the developer should petition to dissolve the planned development and allow the zoning to revert to an agricultural classification which would permit the development of a church. She said that staff recommends denial of Z-1798 but if the Planning and Zoning Commission is inclined to approve this re uest, staff recommends that the original ordinance conditions be incorporated in the amended planned development, Mr. Pearson asked for types of insttrutional uses. Ms. Spivey said retirement centers, sthools, day care centers and universities. Ms. Brock asked about the over concentration of institu- tional uses in this area. Ms. Spivey said that it is a concern of the staff, Ms. Cole asked if they would have to come back to the Com- mission to operate a day care center. Ms. ';piney said yes. i P 6 Z Minutes April 13~ 1986 Page 6 REBUTTAL; Mr. Edwards stated that they meet the Develop- sent Guide requirements and do not violate the intensity standard. He said that he feels a church use will not in- crease traffic intensity. He said that they feel a church is a good neighbor to A residential area. He said that a church can locate anywhere. Mr. Pearson asked about the statement of a church can lo- cate anywhere in the City of Denton with no restrictions. Mr. Edwards said that A church could locate in an Agri- cultural or single family zoning district as long as it meets building codes and standards. Mr. Pearson stated that within a planned development, they need site plan approval. Mr. Edwards stated that It is not because a church is not acceptable but that it did not conform to the site plan. Mr. Morris stated that this is a planned development dis- trict and the Commission can approve or disapprove the land use or any land use. Mr. Pearson asked if the church organization is willing to put in the streets. Mr. Edwards stated that the church is purchasing the property and the petitioner will finance Im- provements with funds made from the sale. Chair declared public hearing closed. • UHCISION; Mr. Escue stated the proposed amendment is acceptable and Mr. Juren agreed. Mr. Bscue moved to recommend approval of Z-1798 subject to the original planned development conditions as outlined in r-:d:nance #85.165. Seconded by Mr. Juren and motion car- ried '4.2).- Ms. Cole and Ms. Brock voted no. E. Z-1806. Petition of the City of Denton requesting a change in zoning from the agricultural (A) classification to the single family (SF-7) classification. 'fhe tract is o2.474 acres located at the southwest corner of Hickory Creek Road and FM 2181 (Teasley Lane). 'fhe property is shown in the Venter Survey, Abstract 1315. If the zoning change is ap- proved, the property may be utilized for any land usa per- witted La the single family (SP-7) classification by the City of Denton Zoning ordinance. Six notices were mailed to property owners within 200 feet; one reply form was received in favor, no reply forms were received in opposition. Mr. Pearson asked if the city was initiating the request. Ms, Pujauski said yes. Mr. Pearson asked if the cityy owned the land. Ms. Fujauskl said no, Mr. Nearson asked if the property owners were in agreement. Ms. Fujauski said that they were In question in regards to the request. Mr. Pearson asked if this was a new practice for the City of Denton. Mr. 8ilison stated that it is not illegal. He said that it would eliminate future uncertainty in regards to areas that have been annexed around this property. He said that it is a right of a city and in fact the city will be doing some more in the future. He said that the city needs to impose permanent zoning. He said that the proper- ty owners may come back at any time and rezone. He said that a preliminary plat for SF-1 has been approved. 1139E NO. AN ORDINANCE APPROVING AN AMENDED SIZE PLAN FOR THE PLANNED DEVELOPMENT DISTRICT ESTABLISHED BY ORrINANCE NO. 85-165 AS SAID SITE PLAN APPLIES TO 14.0$7 ACRES nF LAND LOCATED ALONG THE EAST SIDE OF RINEY ROAD, ADJACENT TO AND SOUTH OF U. b. HIGHWAY 77, AS IS MORE PARTICULARLY DESCRIBED HEREIN, TO PROVIDE FOR A CHURCH SITE ON S.8 ACRES OF LAND WITHIN 'HE DISTRICTi PROVIDING FOR A PENALTY IN THE AMOUNT OF =1000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION 1. That Ordinance No. 85-16S, approved August 20, 1985, providing for the establishment of a planned development district for 14.0S7 acres of land, being more particularly described in Exhibit A attached hereto and incorporated herein by reference, is amended by adopting a revised site plan therefor, attached hereto as Exhibit 8 and Incorporated herein by reference, so that the deve- lopment and use of the property shall be subject to the revised site plan. SECTION 11. That a copy of this ordinance shall be attached to Ordinance No. 8S-16S, showing the amendment herein made. SECTION III. Any person who shalt 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 IV. 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 Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of tho date of Its passage. PASSED AND APPROVED this the day of 1986. RAT STEPHENS9 MAYOR CITY OF DENTON* TEXAS ATTEST: CHAALOTTE ALrEN CITY SECRETARY CITY OF DENTON,'TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY uF DENTON, TEXAS By t Na,.e rm vvw Q 031111IT A All that certain tract or portal of land situatej in the N,l1. Meisenheimer Survey, Abatrect Number 810, Denton County, Texas, being all of a certain tract described in a dead from C.C. Smith, at ux to Horatio Pena, at at on the 12th day of October 1976, and recorded in volume 808, page 920, Deed Records of Denton County, and being more fully described as followat Beginning at the northeast corner of said Pens tract at a steel pin at a fence corner on the south boundary line of U.S. Highway 77; Thence South along and near a fence on the most boundary line of said Pena tract a distance of 804.81 fort to an iron pin at a fence corner at the northeast corner of a tract described in a 4emd from Cleora Parker to Melvin R. Dane on the 27th day of June 1964, and recorded in Volume 511, page 596, Deed Records of Denton County, Texas; Thence South 89 degrees 17 minutes 08 seconds west with the north boundary line of said Dane tra : a distance of 1%.0 feet to an iron pin at a fence corner at the northwest corner of amid Drat tract; Thence South 00 degrees 05 minutes 51 seconds East with the west boundary line of said Dyne tract along and near a fence a distance of 299.12 feet to an Iron pin on the north boundary line of Old Sensor Road; Thence South 89 degrees 04 minutes 38 seconds West a iistance of 43.36 feet to a found Iron pin on the southeast corner of the Pont tract as described in a deed from A.R, Pena, Donald Bailey and wife, Silvia Bailey to the City of Denton, Taxes and recorded In Volume 1179, page 64 on the 19th day of November 1982, Deed Records of Denton County. Taxass Thence North 00 degrees 04 minutes 44 seconds East a distance of 97.54 found in feet to pin at th McEvint Jr,ataux torJ,A.oMillermanddrecorded in Volume 921, page 4650 Deed Records of Denton County, Taxes; Thence South 89 degrees 53 minutes 44 seconds Nat with the north boundary line of said Millar tract a distance of 109.96 feet to a fence corner post at the southeast corner of a tract described in a deed from Patrick E. Parker and recorded in Volume 667, page 592, Deed Records of Denton County, Texas; Thence North 00 dogmas 49 minutes 10 seconds Nest with a fence on the east boundary line of :aid Parker tract a distance of 98.28 feet to a fence corner post$ Thence South 88 degrees 53 minutes 29 seconds West with a fence on the north boundary line of said Parker tract a distance of 139.20 feet to an iron pin in the middle of R+.ney Road; 't'hence North 01 degrees 26 minutes 52 ssconda West with the middle of Riney Road a distance of 659,95 feet to an iron pin at an angle point in said road; Thence North 27 degrees 17 minutes 51 seconds West with the middle of Riney Rood a distance of 544,54 feet to an iron pin; Thence North 48 degrees 17 minutes 30 seconds East a distance of 24.73 feet to a found iron pin at the southwest corner of a tract described in a deed from Robert J. Moon, at ux, to Charles Malvin Cunningham and recorded in Volume 6320 page 2170 Deed Records of Denton County, Texas; Thence North 48 degrees 17 ml,nutes 30 seconds Zest with the southeast boundary line of said Cunningham tract a distance of 174.94 fat to a found iron pin at the southeast corner of said Cunningham tract on the south right-of-way of U,S, Highvey 77; Thence South 59 degrees 14 minutes 29 seconds East with the south right-of-way of U.S, Highway 77 a distance of 231.23 fat to j found iron pin= Thence south 58 dqq:ems 50 minutes 46 seconds Zest with the south boundary line of U.S. Highwy 77 r distance of 454,97 feat to the Point of Beginning and containing is all 14.037 acres of land, Z-1798 Wom aft~ e •r 1 r wewr•s-/ # r ► ~ r ~a 1 i I~Ile1r r~~~.~~y~•. ~ pw MAP a" I h~r111'gj'^II177T1'IjK► Kam 1 1 A,•` 1 Ii'p ►MCd flWt MOt/fKrtO UT 1 ~ M 1 1 60 A•Ma b" LAW I LIM 1 Or•flt ~a ' ' / / / , ~ N ua Mt. P""'► ~ URC O ' M Iwr.r. ■11 / P.0 / j I MOM71Mi11( M 1e1. M tk/h N N► Ape MY "W"Mmum ftom A.M / : my 1 awry a ►►Irrw, 71f1i f I Illf( I. i I / l.~~1•r 11111 lop1 r ANNA ►1MA •111•I• 60.0 1lallr w•` 4mlUmdUUU L - - _ +It rry AMwr"Bom faii, r • IIi paUq up 1 DATE: 06/03/86 CITY COUNCIL REPORT FORMAT Q TO: Mayor and Members of the City Council U FROM: Lloyd Harrell, City Manager SUBJ EC T: FINAL REPLAT OF BLOCKS 8 AND g, HILLSID'_ ADDITION; LOTS 1, 2, 70 AWL 8, BLOCK 4 OF THE G. M. GREENLEE ADDITION; AND ALL OF BLOCK 1 AND PART OF BLOCKS 2, 4, AND b OF THE HINSON AND WANDEN'S ADDITION (CUMBERLAND CHILDREN'S HOME ADDITION) PRELIMINARY PLAT OF THE LONDONDERRY ADDITION, LOT 1, BLOCK i PRELIMINARY PLAT OF THE WHITNEY PARK ADDITIOA PRELIMINARY PLAT OF THE SOUTH DENTON INDUSTRIAL PARK ADDITION, LOT 1, BLOCK I RECOMMENDATION: The Planning and Zoning Commission recommends approval of the above referenced plats and replats. SUMMARY: The above plats and replats all conform to minimum requirements of the City of Denton Regulations and Land Development Code, BACKGROUND: Tne Planning and Zoning Commission recommended approval at its meetings of May 27 and May 289 1986. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: City of Denton and property owners. FISCAL IMPACT: Undetermined. i Res a fu i subm ted: Prepared by: y arre City Manager a»` of t i n Senior Planner App ed Director of Planning and Development 0242e CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: June 3, 1984 SUBJECT: Approval of the Cumberland Presbyterian Children's Home Addition, Lot It Block 1, being a replat of Block 8 and 9 of the Hillside Addition, Lots 1, 2, 7, and 81 Block 4 of the G. M. Greenlee Addition and all of Block I and part of Blocks 2, 4, and 5 of the Hinson and Vanden's Addition. SUMMARY: The purpose of the replat is to remove several existing single family lot lines to establish one 17.327 acre lot. The Cumberland Presbyterian Children's Home is located on this property. A specific use permit has been approved for the Children's Home use. A request has been made to amend the specific use permit to allow development of a gymnasium that was not shown on the original site plan. All streets, utilities and other public facilities are in place and adequate. ACTION REQUIRED: Approval of the replat. RECOMMENDATION: The Planning and Zoning Commission recommends approval. ALTERNATIVE: Approval. ATTACHMENT: Reduced replat Dav d E list on Senior Planner 1203] olareArull • 19 MII. M I'M ~~I,.M Y p ff a M 1Mt ICY I'y i a 1.Iw .p/IR/ ■~r. wm IN MAW ~I No 0 .wMra twrl OWNWHON to m"09 LL is ko 10 Q%= 0~ a=w"swlm" ma no 1. r MA scowuwrp. At I I - _ IfNdt~ Sti!- - _ -I I~~ ~a t1i11«~'~._ - u.rlw..wa j~ I LNI r~i.ewit1111 I w f f ~ r"0 ~.11w~i.r 1"~'r.w.1~..'v r.~wr I •N.11.Ip. 11 r iv 111 w11 sm ' I 1 I 1 I I f I w~ rr~. jw ur i moor 10 r i,1 I I I I tlL 11..0w m I I ew I r1 : rT1it N 1r r«~%. M. 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CIwNu"m pN:lrYw" ammo, Wont. 2NC., pMlN IR1llatfx owfmTm SS1l ! 1rIM RUl rM'N 100MTif W# P ~r fit/ C~ , CITY COUNCIL AGENDA HACK-UP SUMMARY SHEET MEETING DATE: June 31 1986 SUBJECT: Approval of the preliminary plat of the Londonderry Addition SUMMARY: This is a 4.288 acre parcel located adjacent and north of Londonderry Lane between Sam Sass and Jason. The property is zoned light industrial (LI) 4nd multi-family development is proposed. The property was zoned light industrial (LI) before the effective date of the ordinance that changed the cumulative zoning structure. Storm water runoff will be directed to Londonderry Lane. Londonderry Lane is an existing improved street. Service will be from an existing 8" line along Londonderry and an 8" ex~ension from the north and east. Water service will be from an existing 6" liner an internal loop system will be designed and two (2) additional fire hydrants will be added to the line. ACTION REQUIRED: Approval of the preliminary plat RECOMMENDATION: The Planning and zoning commission recommends approval. ALTERNATIVE: Approval of the preliminary plat ATTACHMENT: Reduced plat Davi Ellison Senior Planner 1352s ,Ill 14 ,It M no. 4 to IM lit M`-Hat NN If 44 ~1Sit.1A6144 114411"lik. 61"o, lot. all tot =l~ltf^ttf•. i CY`+t14 tot MI LlllrlI alitliitlf j t 1f lql►OAt1/N!o t to a hill t{1/►6 #Iasi at 64 in IIIIfj t $$A r 114 MIINII►M NYIt't tt1900of 1µ1!90014N NL1045481118t111(114001 4.11411 3110 Af6oO to f."."t 00 It1$1iitool tool a Kl1<►t/111o tot 51114ml fool"/ M It tell, 11 11111:00111 Is t silo 111 s4tioll HI1.1 f Iailt1 M also!. lot. 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L_ nosily i"m "..saw n WtoffN41,f"1114"f fMM'1MM OM • use to" Ri 1 NN INN 0(t 14 MN M1Ntltr tteNt 11001111, of 44a M 1141 1, seat Wolff 0(91;11010 r 1 614(if a tlM" 1st ff9of of h 111!1011` test #It 00 H►N 41 111111 ifl y I'M M IoM. too 14x1 IN $1100 110{ !MN n11114 Ol rillt1 YMgo rfHLSIo 1014!014100 10 II Ntt0011111 0114 114 flfL~ `alt ~ MNNI N IM l M M MNIOf, NMI IwwINI N~ %"'~"j,~ Ipf?:'HNtT~,`T.t:t`/liT) ~nwgpo ON "book " ••s 111 tYb 101 ►MIMM ' 11(llaplf t,~~OMI Fox RAT ►l■ KAMM " & OAK PC AVOW iaH 1d/4VN. M MY1Al/ 00"IL1MM lWF1dtM AMaa.1o10 l1Mp1 It~IMI,tOS1 !p K"". -raft 9101 +W CITY COUNCIL AGENDA BACK-UP SUMMARY SHEET MEETING DATE: June 31 1986 SUBJECT: Approval of the Preliminary Plat of the Whitney Park Addition SUMMARY: This is a 9,527 acre site zoned single family (Sr-10). The site is located adjacent and south of Longridge Drive approximately 700 feet east of Teasley Lane. Thirty (30) residential lots are proposed, An adjoining tract between the proposed subdivision and Tizasley Lane is owned by Denton Independent School District and is the site of a future school. Sidewalks are required along both sides of all streets within one block of a school site, A portion of this site is In the 100 year floodplain and downstream culvert improvements are required. Lynhurst Lane and Savannah Trail, both residential streets, are proposed for extension„ Lynhurst Lane will be cul-de-sated at the property line where it abuts the school district property. Adequate watOr, sewer and other public facilities are in place or available for extension. ACTION REQUIRED: Approval RECOMMENDATION: The Planning and Zoning Commission recommends approval. ALTERNATIVES: Approval ATTA::HMENT: Reduced map ewl David Ellison Senior Planner 1350s bourNRloaE Ann, VICINITY MAP \ rkl .5 ts~°~, ~ +n 9 t4•-Ar• v - ^t _ ` J J '04'ii't. SCUTHh:W ADD. - ' • C 440 ,'0?'t. I F- I wvrt. 00 r no .a Y ~ r ~ ~ ciso s IY s 1 IO ~ i PRELIMINARY PLAT I a°i I~R~M WHITNEY PARK ADDITION tt« 0ItOWNEI! 7[ASILY R0 ASbOC. b.00444" 2 111 NTeN Tt. f6Z01 - - 4l.aY IN TN[ CITYA COUNTY Of DENTON . I -NO MAJOR PROPOSED CNAt/AE s011V r IN TOWORAPNY ANTICIPAT O. {11Orasv t•utu. I 4 I (eat t!t1Y4MT0a ~ ~ W 'a`im Mtr►• _ ( -AR[A.9M?ACREbS6 30 R[b. LOTS -TNIS DEVELOPMENT AND AM04MY y H, w 4r AWLA ZONED SP-10 I ` • b b 1 -~1L1 LOTS TO DE MA00 $Q F T, WSMUM CAVIL 1.21.90 - TIMgERZJAKS 'ESTATES tcokW 2-AS u.1.04{-*A * BURKE ENGINEERING BRIAN SURKE,PE. 1 CONULTM CIVIL EMSINEEI! ~ oatloN,tttAb anNebA.b1M CITY COUNCIL AGENDA BACX-UP SUMMARY SHEET MEETING DATE: June 3, 1986 SUBJECT: Preliminary plat of the South Denton Industrial Park Addition, Lot 1, Block :l SUMMARY: The tract is 10.558 acres in size and is located adjacent and west of U.S. Highway 377 (Fort Worth Drive) and adjacent and south of the Texas 8 Pacific Railroad. The property is zoned light industrial (LI) and warehouse development is anticipated, A preliminary and final plat was approved, but never filed, in 1985, The new plat shows a utility and access easement that has been relocated. Adequate water and sewer, street drainage, electrical, gas and telephone facilities are in place or planned. ACTION REQUIRED: Approval of the prelimnary plat RECOMMENDATION: The Planning and Zoning Commission recommends approval of the preliminary plat. ALTERNATIVES: Approval of the preliminary plat ATTACHMENT: Reduced plat David hillson Senior Planner 1570a E 1 • 1 I , ~ I T 0...tf.... otTILK, +IOT ro Rou.t A. HICKMAN SURVEY A• 321 .y IRVINO VICIN PARTNERS , LjfMT IMONITRAL tort + / f I? Lo 64 f /Mi ~t qt iT .IY' rfMOOMRO-+-~ a~ rt r « / t r uONT INO NfM qtR~Lt~Tp 1w C. "LOT 1 ' - 5 C I lC1MT'bi Adt AMR. _ 1MUrI w Warn u - ~ w P e. a. a. 4 .R.a. eo. w vcY A 146 110 13 ~ b JAGOC • PU50C CO. / UfMT mommAL Low , • L4CAT;ON MM l0of' 11 MMS t IMO ?MM "M1 W hit atlttR "to" waLn w "Om A. Yym" wMm"d MMyM PMMOnIR um TAC K*LOUr LatAT1e60 WITWN TMR TIIACT. L. f W 0"A OYTUM 1440AM 00111000 aaaM W CI mm", NRIIWMAitY MM SOUTH bE1J70N 111DUSTi1UL DARK ADDITION PMILOPLR JACK M" CAW, Co. LAIT I lLL" 1 "14 E. Ak KINNLY Oil 10.366 ACRCS yWTCMI, Tk, 7201 "lli, It d.RIC.CO.LLINVLYA•ft CITY R COUNTY OF CLNlOIJ, Ttwm 0011111111 wRrRaItRN M WN ! r; IOIRM 1 momi. Mt LIAR lay , as" I moo I POOL ACV, ICU "on 7- FIM~ June 39 1986 •r CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd Harrell, City Manager SUBJECT Consider Final Payment to Jo Storer, Hobson Lane/US 377 Water Line Oversize Agreement in the Amount of $50,578.70 RECOMMENDATION s The Public Utilities Board, at their meeting of May 219 1986, recommended to the City Council approval of payment of this amount to Jo Storer for final payment toward City's participation on the subject oversize 16' water line. SUMMARY The developer has installed the line on Hobson Lane and the City has accepted the line for operation/maintenance. This request is for the approval of final payment. BACKGROUND The City Council had approved the oversize agreement Au ust 21, 1984. Subsequently, the bid opening for this protect was also approved October 20 1985, in the amount of $569241. However, the actual cost difference after construction is only $S0,S78.700 and this request is for the payment of $50,578.70. PROGRAMS, D1PARTMBNTS OR GROUPS AFFECTED Denton Municipal Utilities, Purchasing Department, Developer, contractor, citizens. FISCAL IMPACT Previously City Council Approved City Participation Amt per Bid Opening $56,241.00 ACTUAL: City participation Amt. after Construction (this request) $500578.70 Source of funds: Water bonds- 623-008-0461-9138 4316U:7 r Prepared by: Respectf Oly submitted: 45~;~e4'41 41-' 16y a jrr e ~itj% Ain er c,' ~ Srini Sundaramoorthy Civil Bngineer Appr ved by: 'E. Nelson Director of Utilities' Water/Wastewater Division Attachment bxhibit I - City Participation Cost Tabulation II - Location map. Ill - Minutes PUB of 5/21/86 43160:8 ~9p• - - ~,1y/~' ~ •9~ •`~•.Ar - r Iva ' r I 1 a parr a . r A ~ ^ 1 i'► . roe -L.20% lo 1 ''"rte' ~1'' ' ~r~ ~.1• I Y i• YT ^.•r.r arrr•rara••M•1+ i NCO ' } r I ~.r.rara*1 1'•ill' 1 ; ♦ r w s • ' r 'r rmrr r~op ti •S . . ' ••r 4 y\ y • 7 r r ; m , 1114 00*0660.6 I ~ ~ S ~ r :i. ,q 4 ~ Za *4400 00 ~v 441 \ elk Ji fir 7r } BID 0 9510 ROBSON LANE/US 377 16" WATERLINE OVERSIZE COST DIFFERENCE Description Qty Unit Price Extended Total Difference (City's share) 16" Vs 10" D1 waterline 315q LF. $ 9.30 $ 290378.70 16" Vs 10" Class 50 535 LF. 11.00 51885.00 16" Vs 10" Gate Valve 5 Ea. 2,000.00 100000.00 16" Ve 10" 45' Bend 1 Ea. 350.00 350.00 16" Vs 10" 22Y Bend 2 Ea. 380.00 760.00 16" Vs 10" 114' Bend 1 Ea. 380.00 380.00 30" Vs 16" Casins 80 LF. 40.00 3,200.00 16" Vs 10" Plus 1 Ea. 250.00 250.00 16"x12" Tee Va 10"x10" Tee W/10"x 12" increaser 1 Ea. 345.00 345.00 City's Share $500578.70 Quantities as verified by City Inspector and unit prices per Bid 09510. hXCERPT FROM MINUTES PUBLIC UTILITIES BOARD May 21, 1986 CONSIDER FINAL PAYMENT TU JO STORER HUDSON LANE US 377 . Ham explained that the utilities staff recommends approval to the public Utilities Board of payment of this amount to Jo Storer for final payment toward City's participation on the subject oversize 16' water line. According to Ham, the developer has installed the line on Hobson Lane and the City has accepted the line for operation/maintenance. This request is for the approval of final payment. The City Council had approved the oversize agreement August 21, 1984. Subsequently, the bid opening for this project was also approved October 2, 1985, in the amount of $560241. However, the actual cost difference after construction is only $50,578.70, and this request is for the payment of $50,578.70. Previously City Council Approved City Participation Amt per Bid Opening $56,241.00 ACTUAL: City participation Amt. after Construction (this request) $50,578.70 Source of funds: Water bonds- 623-008-0461-9138 Boyd motion to recommend approval of the final payment to Jo Storer. Thompson second. All ayes, one nay (Coomes). Motion carried. DATE: June 3, 1986 CITY COUNCIL RENT TO: Mayor and Members of the City Council FRO11: Lloyd V. Harrell, City Manager SUBJECT: BID #9621 RENTAL OF SELF-LOADING SCRAPER RECOOENDATION: We recommend this bid be awarded to the lowest bid meeting specification of TKO Equipment in the amount of $7,500.00 per month for a total of $22,900.00 1,icluding pick up and delivery. SUMMARY: This bid is for the three month rent of a 15 cubic yard self loading scraper for use in the excavation activities at the landfill. The bid offered by Ward Masengale II and Plains Machinery are for 11 cubic yard machines. These units are too small and are under powered for the particular use intended. BACKGROUND: Tabulation Sheet PRO MS0 DEPARTIOTS OR GROUPS AFFECTED: Solid Waste Landfill Operations FISCAL IMPACT: This rental will be funded from Landfill Development Bond Funds Account No. 631-002-0803-8502. Respectfully submitted: 9 Lloyd Y. arrell City Manager Prgpared by: Name: Tom D. Shaw, C.P.M. Title: Assistant Purchasing Agent Approved: f ZIA, N ohn T Marshall, C.P.M. on" AA~ft# F, NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equip- ment, supplies or services in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials equipment, supplies or services as shown in the "Bid Proposals S' submitted therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; and WHEREAS, Section 2.36 (f) of the Code of Ordinances requires that the City Council approve all expenditures of more than $'.0,000; and WHEREAS, Section 2.09 of the City Charter requires that every act of the Council providing for the expenditure of funds or for the contracting of indebtedness shall be by ordinance; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bids for materials equipment, supplies, or services, shown in the "Bid Proposals' attached hereto, are hereby accepted and approved ae being the lowest responsible bids for such items: BID ITEM NUMBER NO. VENDOR AMOUNT 9621 A~1 TKO Equipment 522.400,00 SECTION II. That by the acceptance and approval of the above numbered items of the submitted bide, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION III. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorised to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related bid documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this 3 day of June , 1986 RAYS PHENS CITY OF DENTON, TEXAS ATTEST; CHARLOTTE ALLEN CIT? SECRETARY CITY OF DENTON,,TEXAS APPROVED AS TO LEGAL FORM. DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: FAGZ TWO I I i 1 11 ~tL ;}.It? AI f ':E:f-LLikililib Ngl'.EIlC<t'_t i'h3a~l1G3L~. kl]J1;'IE'IF 1 !11_liillEri cltulFNFlli ; liiil i.l,u'i11 I ~ I Ilan iFlFilLill t`If'L[• ![Id;r(iG, C1;pL{. UtllblJl; 1'rhGLife al UI CfapEr 1 i!~'r'.j r:Ll jii FIJI I Ili) i ~r!f119,7{1 r~'jryll~{Nr ; I t I I 'r iI!E11'/B''I i i i ~'I11V1Ij I~1 ('n 11.E 1 I I i i I !If 11 1 1 i rj?I, (I?r Fe:Jl Qtl Illd i t 1 1 i r r ~ 1 1 I I I I f I 1 I I 1 I I 1 ;11v~el 1 NCO On [.at ~ [at iIDtpr natioil aI [at 11G-fiP ~lZP 1 815 ~1.P ~ G!5 1 I 1 I I I ~ I i 1 1Gu8ii iard [goad tv ~i II 15 11 ! 13 1 I 1 1 I 1 1 ~ I I I 1 1 I 1 r I 1 1 I 1 I { I 1 1 1 1 I DATE: June 3, 1986 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd Y. Harrell, City Manager SUBJECT: BID #9607 STATE SCHOOL WATERLINE REIC MENDATION: We recommend this bid be awarded to low bidder of the four bidders meeting the specifications, bid requirements, and proposals, Dickerson Con:,truction Co. of Celina for the amount of $15,294.25. SUWARY: This bid was sent to and picked up by several of our vendors. We received response from then of these vendors. However, only four of these proposals met our bid requirements. We used these four to evaluate our low bid. The non qualifying bidders included in their bid an estimated amount for cast iron fittings which were not supposed to be included thereby rendering their bids unacceptable, (See Tabulation Sheet Item 1). BACKGROUND: Tabulation Sheet Utility Board Minutes Utility Recommendations and Project Location PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Utility C.I.P. Projects FISCAL IMPACT: There is no additional impact on the General Fund. Resp~Ctf lly submitted: Lloyd V. H r 11 City Manager Prepared by: Yme: John J. Marshall, C.P.M. tie: Purchasing Agent Approved: me: ohn J. Marshall, C.P.M. ftle: Purchasing Agent NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited received and tabulated competitive bids for the construct on of public works or improvements in accordance with the procedures of state law and City ordinances; and WHEREAS, trA City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or Improvements described in the bid invitation, bid proposals and plans and specifications therefore; and WHEREAS, Section 2.36 (f) of the Code of Ordinances requires that the City Council approve all expenditures of more than $10,000; and WHEREAS, Section 2.09 of the City Charter requires that every act of the Council providing for the expenditure of funds or for the contracting of indebtedness shall be by ordinance; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS. SECTION I. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invita- tionv", "Did Proposals" or plans and specifications attached hereto are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 9607 Dickerson CoayAruction75 94 ZS SECTION II. That the acceptance and approval of the above competitive bids 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 all requirements speaillAd in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, after notification of the award of the bid. SECTION III. That the City Manager is hereby authorized to execute all neceosary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved !a rein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms conditions, plans and specifications, standards, quantities and specified suss contained therein. PACE ONE ti MION IV. Th4t upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTI0N V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 3 day of June 1986 RAY STE HENS CITY OF DENTGN, TEXAS A'T'TEST CM=TTE ALLEN CITY SECRETARY CITY OF DENTON,OTEXAS APPROVED AS TO LEGAL FORMo DEBRA ADAMI DRAYOVITQ13 CITY ATTORNEY CITY OF DENTON, TEXAS BY: PACE TWO 6111 h y~di i UENESIUS CAi.','Enl 1 w„'r1,1N dJE I Dir c i+Ul'r I kILHIIA i°,F liI r r;:uu Iit Iho bib TIII E 1466 c 1 f. U11cITIES i CONIRAGTIN6 iAVINb I Ulbl. to, 1 BENSON i UIILi1I LUIfSI. Uii. CUNIR, L{+;iSi, iiDII ,Ntill!IU NNG , ,TAIi ~LHbOI who-LIHE l Cb115:, GU C.U. I i i LMl~fi Ilt~il i I.-ENEII AYti it IJ. IYnS rl M. 1 I ' 1 i I I I I ~ I i iiL JI1N1~ ~ i - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - V~IIJUt'+ 11, Iilli I)L~lF,illliild i VENDOR i 4tN6DA I ~Li~uiih ~ IlclrllUN i ;rEIIUUk ~ ~,'ci-hC~.i ~ nctdlillb I It{Iluilff , ~ ~ I I 1 I i j I i i I ;yi elp S( !4 f ofl h4l Pl line i /1f4,'ly i IIV )G, 19, 50'tll) ;`,!SN.i,J :IY,'C4J i vl ernsle 19,33G.40 ! '7 .465.0) D 16,:0.4.54 I 1B,ilii,GU i [1, 6: S,uii I :5154 .V!f i 610.GU lctal of the TI+D 97,i131.bO ! I~a,idk+.)R i 9b,i08.46 1 96,56,i+il l 110,50.60 1 I 85v.S0 ? 13'19Ji.5i.1 1 1441'66.11U i3.`i"r,JilIG.2~9,Gil i !Bid 6Gnd i yef i 4tl5 i 4P? i YPS i cnwer5 CI: i Ye5 Yea ND bor'd i yes 4P: i I I I I I , , I ~ 1 1 ~ I I I , I I , I 1 I , , it These didaers did rn0t bid as soecilieu, I 1liereforP, llle aidE riere nal Mtbloered in the e,ralualion. I i ; i I June 3, 1986 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd Harrell, City Manager SUBJECT Consider Bic Opening, Bid 096070 State School Water Line. RECOMMENDATION The Public Utilities Board, at their meeting of May 21, 1986, recommended to the City Council approval of the lowest bid of Dickerson Construction in the amount of $75,294.25, SUMMARY The bids were opened Aprii 15, 1986, and the results are as follows: Dickerson Const, Celina, Tx 759294.2E Watkins Const. Corsicana, Tx 1780439.09 AI'benesius Contracting $78,588.00 Atkins Bros, Grand Prairie, Tx $890967,4:; BACKGROUND This is an approved CIP project to remove the existing 8" bottleneck along I-3S at State School Road and install a new 14" water line. This will provide adequate flow to meet existing and anticipated growth in Corinth and Lake Cities, Dallas. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED Denton Municipal Utilities, Purchasing Department, Developer, contractor, citizens. 4316U:1 FISCAL IMPACT FY 86 CIk Budget Estimate $48,QOOR Recommended Award to Dickerson Construction Co. $7S,294.25 Source of funds: Water bonds- 623-008-0461-9138 "It may be noted that the budget estimate was based on existing drawing that showed only about 1800 LF of 8" bottleneck. However, during excavation for design purposes, it was actually found to be 2705 LF. Hence, Che bid price is because of this expanded scope of work. Prepared by: Respectfully submitted: S.ini Sundaramoorthy oY e Civil Engineer City Mannagager Appr~"e by- K. e son Director of Utilities Exhibit I - Bid Tabulation II - Location map. III - Minutes PUB Meeting of 5/21/86 4316U:2 ~r ~ 1. ~ • ff ! 11 r • I ~ awl I lit ova Im ' PROJECT LOCATIONAIIIIIII j r ~,1 :a;.•. r 3 -a+ l D T CITY 00 UNTON, TtXA1 • PUB MINUTES 5/21/86 4. RECEIVE UTILITY DEPARTMENT MASTER PLAN. Chairman Laney recommended that the Board review this document and bring any questions or concerns they had to Nelson's attention. S. C WATER LINE OVERSILhU AURM-MbST IN THE ANUUNT OF ONSIDER FINAL P YMENT TO JO STORER HOBSON LANE/US J77 .150,575.707 Ham explained that the utilities staff recommends approval to the Public Utilities Board of payment of this amount to Jo Storer for final payment toward City's participation on the subject oversize 16' rater line. According to Ham, the developer has installed the line on Hobson Lane and the City has accepted the line for operation/maintenance. This request is for the approval of final payment. The City Council had approved the oversize agreement August 210 1984. Subsequently, the bid opening for this prof was also approved October 20 19850 in the amount $56,241. However, the actual cost difference after construction is only $50,S78.70, and this request is for the payment of $50,578.70. Previously City Council Approved City Participation Amt per Bid Opening $560241.00 ACTUALt City participation Amt, after Construction (this request) $SO9S78.70 Source of funds: Water bonds- 623-008-0461-9138 Boyd motion to recommend approval of the final payment to Jo Storer. Thompson second. All ayes, one nay (Coomes). _ Motion carried. ✓6. CONSIDER BID OPENING. BID #9607, STATE SCHOOL WATER LINE* y Has explained that the utilities staff recommends approval to the Public Utilities Board of the lowest bid of Dickerson Construction in the amount of $75,294.25. Has explained the bids were opened April 15, 19869 and the results are as follows: Dickerson Const. Celina, Tx 750294.25 Watkins Const. Corsicana, Tx 780439.09 Albenesius Contracting 780588600 Atkins Bros, Grand "Prairie, Tx 1890967,45 According to Ham, this is an approved CIP project to remove the existing 8" bottleneck along I-3S at State School Road and install a new 14" water line. This will provide adequate flow to meet existing and anticipated growth in Corinth and Lake Cities, Dallas. FY 86 CIP Budget Estimate $48,0000 Recommended Award to Dickerson Construction Co. $750294.2S Source of funds: Water bonds- 623-008-0461-9138 *It may be noted that the budget estimate was based on existing drawing that showed only about 1800 LF of 8" bottleneck. However, during excavation for dosign purposes, it was actually found to be 270S LF. Hence, the bid price is because of this expanded scope of work. Thompson motion to approve the low bid of Dickerson Construction. Frady second. All ayes, no nays. Motion carried unanimously. 7. UTILITY DIRECTOR'; UPDATE. Nelson reviewed for the Board the details of a recent lawsuit filed by the Sportsmans Club, the Sierra Club, and the Environmental Defense Fund against EPA. EPA is accused of failure to uphold the Water Quality Act (PL 92.500) in the regulation of phosphorus and other toxics in waste water, and in the regulation of storm sewer water quality. Implications for the City of Denton, according to Nelson, are additional facilities and higher sewer charges. Nelson explained that bids for hydroelectric machinery for Lewisville have started to come in and are currently under review. Meeting adjourned at 8:00 p.m. Next meeting scheduled for June 11, or 2S, 1986. -3- 0173 ~..r ~ ...r, ~„~~a~4er~ `a`.. v{ ssre t+3:i~.~„ ~~.v .1 +Y~° _:*raw;. ~r i-'-3a~i-. 3.~[-r •t . =may: VAM : 04/03!84 CITY COUNCIL REPORT FORMAT ' TO: Mayor and Members of the City Council FROM: Lloyd Harrell, City Manager SUBJECT: ADOPTION OF AN ORDINANCE INSTITUTING ANNEXATION PROCEEDINGS FOR THE PROPOSED ANNEXATION OF APPROXIMATELY 66.42 ACRES SITUATED IN THE MOREAU FORREST SURVEY, ABSTRArT 417, AND BEGINNING ADJACENT AND EAST OF GEESLING ROAD, SOUTH OF U.S. HIGHWAY 380 EAST, AND WEST OF TRINITY ROAD (A-36) RECOMMENDATION: The Planning and Zoning commission recommended approval at its meeting of May 27, 1986. SUMMARY: Miller of Texas, Inc., has requested annexation of approximately 60 acres and the balance of the proposal is being considered for involuntary annexation by the City of Denton. The involuntary portion of the request will fill in gaps between Miller of Texas property and an existing annexation strip along Highway 380E. The purpose of the Miller of Texas request is to seek zoning in conjunction with the Lakeview development plan. BACKGROUNDt The City Council instructed staff to begin the annexation process for the Miller of Texas property and the involuntary portion at its meeting of February 18, 1986. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Several mobile home units in the Capricorr: Mobile Home Park are included in the involuntary portion of the proposed annexation. Approximately 5-8 residences and 10 total structures are located within the proposed annexationf these structures are clustered around the intersection of Trinity Road and Highway 380 east. There are no businesses or dwellings on Miller of Texas property. Approximately 1,146.75 feet of the west side of Trinity Road and approximately 300 feet of the east side of Geesling Road is included to the area of proposed annexation. S t2 -p_ (A-36) June 3, 1986 Page 2 FISCAL IMPACTS Undetermined eR u au tted: r Pre Arad by* Lloyd Harrell as City Manager David Ellison Senior Planner Appro d: Jeff Meye Director of Planning and Development 15516 '71-1 7- NO. • AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 3,10 ACRES OF LAND LYING AND " eART SING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING COUNTY, F TEXAS; THE MCLASSIFYING THESSAMEYAS ABSTRACT AGRICULTURAL 'At'1~DISDENTON TRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, a request for annexation for the property described in Exhibit "A", a copy of which is attached hereto and incor- porated by reference herein, was introduced at a regular meeting of the City Council of the City of Denton, Texas, on the petition of Miller of Texas and the City of Denton; and WHEREAS, an opportunity was afforded, at a public hearing .44 held for that purpose on the day of M a ti , 1986 in the Council Chambers for all interested persons to state their views and present evidence bearing upon the annexation provided by this ordinance; nd WHEREAS, an opportunity was afforded, at a public hearing held for that purpose on the ad tA day of 16 in the council Chambers for all-interested person to state98their views and present evidence bearing upon the annexation provided by this ordinance; and WHEREAS, this ordinance has been published in full at least one time in the official newspaper of the City of Denton, Texas, prior to its effective date, and after the public hearings; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the tract of land described in said Exhibit "A" be, ind the same is hereby annexed to the City of Denton, Texas, and the same is made hereby a part of said City and the land and the present and future inhabitants thereof shall be entitled to all the rights and privileges of other citizens of said City and shall be bound by the acts and ordinances of said City now in effect or which may hereafter be enacted and the propert! situated therein shall be subject to and shall bear its prorate part of the taxes levied by the City. SECTION 11. The property described in Exhibit "A" is hereby classified as Agricultural "A" District and shall so appear on the official zoning map of the City of Denton, Texas, which map is hereby amended accordingly. SEr,TION III, Should any section or part of this ordinance be held uncon- stitutional, illegal or Invalid, or the application thereof A-36/MILLER OF TEXAS/PAGE ONE ineffective or inapplicable as to any t, ritory, such unconsti. tutionality, iileg0lity, invalidity or ineffectiveness of such section or pert shall In no wise affect, impair or invalidate the remaining portion or portions thereof, but as to such remaining portion or portions, the same shall be and remain In full force and effect; and should this ordinance for any reason be ineffective as to any part of the area hereby annexed to the City of Denton, such ineffectiveness o1 this ordinance as to any such part or parts of any such area shall not affect the effectiveness of this ordinance as to all of the remainder of such area, and the City Council hereby declares it to be its purpose to annex to the City of Denton every part of the area described in said Exhibit "A" of this ordinance, regardless of whether any other part of such described area is hereby effectively annexed to the City. Provided, further, that if there is included within the general description of territory set out in Section I of this ordinance to be hereby annexed to the City of Denton any lands or area which are presently part of and included within the limits of the City of Denton, or which are presently part of and Included within the limits of any other City, Town or Village, or which are not within the City of Denton's jurisdiction to annex, the same is hereby excluded and excepted from the territory to be hereby annexed as fully as if such excluded and excepted area were expressly described herein. SECTION IV. This ordinance shall be effective immediately upon its passage. Introduced before the City Council on the day of 1986. PASSED AND APPROVED by the City Council on the day of 1986. MAYOR CITY OF DENTON, TEXAS ATTEST: CPARLoTTE ALLEN CITY SECRETARY CITY OF DENTON,,TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADA.MI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: A-36/MILLER OF TEXAS/PAGE TWO ~ x-.' -n .~q:+#-r~nr~.ts~+~--2"}.$~°¢'oT'p.~ • r_"$. ` y . -r wpx •e . -r- ,+pr:.,; EXHIBIT "A" TRACT A All that certain tract or parcel of land lying and being situated in the Moreau Forrest Survey, Abstract 417, Denton County, Texas being part of a tract conveyed by deed to Ralph T. Bullard and recorded in Volume 1521, Page 948 of the Deed Records, Denton County, Texas (being also girt of Lot 6 and Lot 7, Block A of the subdivision of said ',Inreau Forrest Survey according to the plat recorded in Volume 50, Page 236, Deed Records) and more fully described as follows; BEGINNING for the Southeast corner of Tract A described herein at a point in the present city limits as described in Ordinance 85-110 same being in the renter of a North - South public road known as Trinity Road; THENCE South 890 SS' 221' west along said present city limits a distance of 1390.89 feet to a point for corner, said point being the Southwest corner of said Lot 7 and the Southeast corner of said Lot 6; THENCE North along the present city limits .s established by ordinance 84-98 same being the East boundary line of said Lot 6 and the West boundary line of said Lot 7, a distance of 886.18 feet to a point for corner said point lying, In the present city limits as established by ordinance 69-40, said point also lying 350 feet South of and perpendicular to the center line of U.S. 380; THENCE North 790 17' 1111 East along said present city limits, 350 feet South of and parallel to the center line of U.S. 380, a distance of 1,411.63 feet tr. T point for corner in the center of Trinity Road; THENCE South 000 05' 36" East along the center line of said road a distance of 1,146.73 feet to the place of beginning and containing 32.39 arses of land. TRACT B All that tract or parcel of land lying and being situated in the Moreau Forrest Survey, Abstract 417, Denton County, Texas, being part of a tract conveyed by deed to Ralph T. Bullard, recorded in Volume 152!, Page 948 of tl.e Deed Records, Denton County, Texas (being also part of Lot 61 Block A of the subdivision of said Moreau Forrest Survey according to the plat recorded in Volume 50, Page 236, Deed Records) and being more fully described as follows: COM1MEN"TNG at a point in the present city limits as established by Ordinance 84-98 said point also being the Southeast corner of said Lot 6; THENCE North 890 52' 1111 West a distance of 500.0 feet to the point of beginning, said point also lying in the present city limits as established by Ordinance 84-98; being present establi hedhby90rdinance 8552101 a me the the South city limits as line of the above mentioned Lot 6, a distance of 889.2 feet to a point for corner; A-36/MILLER OF TEXAS/PAGE 1 of 3 . THENCE North 00• 071 49" East, a distance of 627.84 feet to a point for corner, said point lying in the present city limits as established by Ordinance 69-40, said point also lying 350 feet South of and perpendicular to the center line of U.S. 380; THENCE North 794 184 OS" East along said present city limits 3S0 feet South of and parallel to the center line of U.S. 380 a rne insthecpresent c~ ty limitso as established by Ordinance$4.98~ying THENCE South along said present city limits a distance of 797.58 feet to the place of beginning and containing 14.54 acres of land. TRACT C All that tract or parcel of land lyln and being situated in the pMo art reau Forrest Survey, Abstract 417, lenton County, Texas, belndQ Moreau of Lot 5 and Survey to cordingkto A of the the platsubdivision recorded min Volume S0, Page 2360 Deed Records, and more fully described as follows: BEGINNING for the Southwest corner of Tract C described herein at a point in the present city limits as established in Ordinance 86.21, said point also being the Southwest corner of said Lot S; THENCE North 1' 40' East along said present city limits, same being the West boundary line of said Lot S, a distance of 339.51 feet to a point for corner, said point lying in the present city limits as established by Ordinance 69-40, said point also lying 3S0 feet South of and perpendicular to the center line of U.S. 380; T'AENCE North 7S° 44' $4" East (by Ordinance, North 790 18' 18" last) along the present city limits 3SO feet South and parallel ;o the center line of U.S. 380, passing at 1,413.71 feet the east boundary line of Lot 5, same being the West boundary line of said Lot 6 and continuing for a total distance of 1,469.75 feet to a point for corner; THENCE South 004 07' 49" West, a distance of 627.84 feet to a point for corner, said point lying in the present city limits as established by Ordinance SS-210j same being the South boundary line of said Lot 6; THENCE North 890 52' 11" West along said present city limits, a distance of SS feet, more or less, to a point for a corner, said point being the Southwest corner of said Lot 6, same being the Southeast corner of said Lot S; THENCE South 86° 66' 59" West along the present city limits as established by Ordinance 86.22 same being the South boundary line of said Lot S, a distance of 1,319.92 feet to the place of beginning and containing 15.79 acres of land. TRACT D All that certain tract or parcel of land lying and being situated in the Moreau Forrest Survey, Abstract 417, Denton County, Texaa, being part of Lot 4, Block A of the subdivision of said survey according to the plat recorded in Volume 50, Page 2360 Deed Records and more fully described as follows; A-36/MILLER OF TEXAS/PAGE 2 of 3 i , • BEGINNING at a point In the present city limits as established in Ordinance 86.22, said point also being the Southwest corner • of said Lot 4, same being the Northwest corner of Lot 10; THENCE South 20 4S' $1" East along the present city limits as established by Ordinance 86-22, same being the West boundary line of said Lot 10 and the East boundary line of a North - South public road known as Geesling Road, a distance of 214.44 feet to a point for corner; THENCE South 870 141 09" West to a point for corner, said point lying in the center line of said road, said point also lying 660 feet South of and perpendicular to the center line of U.S. 380 and in the present city limits as established by Ordinance 65-43 1; THENCE North 20 45' $1" West along the center line of Geesling Road and said present city limits a distance of 313,0 feet to a point for corner, said point lying in the present city limits as established by Ordinance 69-40, said point also lying 350 feet South of and perpendicular t0 the center line of U.S. 3801 THENCE North 790 18' 05" East along said city limits to a point, said point lylna in the East boundary line of Gessline Road, said point also lying in the West boundary line of said Lot 4; THENCE North 790 IV OS" East along said present city limits 3SO feet South of and parallel to the center line of U.S. 380 a distance of 9SS.84 feet to a point for corner, said point lying in the present city limits as established by Ordinance 86-22; THENCE South 10 03' 4011 East along said present city limits a ins the epres present cityfeet limitsaas point for established by corner, Ordinance t86lying .22, same being in the South boundary line of said Lot 4; THENCE South 87' 04' 15" West along said lines a distance of 939.92 feet to the place of beginning and containing 3.70 acres of land. A-36/MILLER Of TEXAS/PAGE 3 of 3 i °Kt a i _ r±.{ , s nx- e Y Y`i r+s*fi"'e ;T 4. R: a. v%- rl T' ,'a;^>.a . c PLAN OF SERVICE FOR ANNEXED AREA CITY OF DENTON TEXAS WHEREAS, Article 970a as amended requires that a plan of service ue 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 soap of the'proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: Section 1. Pursuant to,the provisions of Article 970a as amended, Texas Code Annotated, there is hereby adopted for the proposed annexation area the following plan of service: I. Basic Service Plan A. Police (1) Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective date of annexation; (2) Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards. B, Fire (1) Fire protection by thy, 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 anu 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) Proper%ies 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. Service Plan Annexed Areas Page two F, Streets (1) Emergegcy maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc,) will begin on the effective date of annexation. (2) Routine maintenance on the same basis as in the present city, will begin in the annexed area on the effective date of annexation, (3) Reconstruction and resurfacing of streets, installa- tion of storm drainage facilities, construction of curbs and gutters, and other such major improvements, as the need therefore is determined by the governing body, will be accomplished under the established policies of the city. G. Inspection Services (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc,) will begin in the annexation area on the effective date of annexation, H. Planning and Zoning (1) The Planning and Zoning jurisdiction of the city will extend to the annexed area on the effective date of annexation. City planning will thereafter encompass the annexed area. 1. Street Lighting (1) Street lighting will be installed in the substan- tially developed areas in accordance with the established policies of the city, J. Recreation (1) Residents of the annexed area may use all existing recreational facilities, parks, etc., on the effec- tive date of annexation, The same standards and policies now used in the present city will be fol- lowed in expanding the recreational program and facilities in the enlarged city, K. Electric Distribution (1) The city recommends the use of City of Denton for electric power. sr Service Plan Annexed AreAd Page three L. Miscellaneous (1) Street name signs where needed will be installed within approximately 6 months after the effective date of annexation. II. Capital Improvement Program (CIP) The CIP of the City consi,=ts 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 rroblems compared to other areas, established tecl-aical 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. . , h pp • ~ 1 w ✓ A ~ E M fir. 1r w _ w ' V r IL Hartle•~ Field )~Om- ~-.-s • T = - .r/ _ _ r r r ~r w.. I r ~ _ _ IL mob .mow I *r .1P. tTR • t , Lt . 340 dMM C 2 8 8 / G"~.~ -VIA r~r 1 r•r r It„ F'4 .S 4 6 ' ! - Cw r 0 t 1 14-36 11NN UT ION 6CRDU411 r/' April 70. 1.966 Submit City Council agenda item ✓Apcil'9. 1966 Submit agenda back-up " April 1S. 1986 City Council sets date, time and place !oc public heacinq April 160 1986 Notice to Denton Recocd Chronicle April 23, 1986 Publish notice and mailout Apr11 28, 1986 Submit City Council agenda item !/April 300 1,986 Submit agenda back-up " May 6, 1966 City Council holds first public heacinq at regular meeting May 7. 1986 Notice to Denton Recocd Chronicle L--.Mary 9. 1986 Publish notice and mailout May 12, 1986 Submit City Council agenda May X14, 1986 Submit agenda back-up ✓May 1986 Planninq & Zoning Commision makes recommendation on pcoposed annexation Of ✓ May 20, 1986 City Council holds second public hearing at regular meeting " May 26, 1986 Submit City Council agenda item ,._-May 28, 1986 Submit agenda back-up June 3, 1986 City Council institutes annexation proceedings at regular meeting June S, 1986 Ordinance to Denton Record Chronicle June 8. 1986 Publish ordinance June 30, 14'6 Submit City Council agenda item July 2. 1986 Submit City Council agenda back-up " July 8. 1986 Final action by City Council at cequlac meeting " Denotes action by the City Council 09648 DATE: 06/03/86 CITY COUNCIL REPORT FORMAT TOs Mayor and Members of the City Council FROM: Lloyd Harrell, City Manager SUBJECTi Z-1705 RECOMMENDATION: The City Council held a public hearing on January 15, 1985 and recommended that an ordinance be written. SUMMARY: The proposal includes oluster, single family, commercial and multi-family on approximately 78 acres located on I-35E southeast of State School Road. The property is part of a 725 acre develop- ment located on the southeastern edge of the City of Denton. BACKGROUND: This ordinance was submitted to the City Council on May 6, 1986 for adoptions however, the petitioners requested that the ordinance bo withdrawn from the agenda. The petitioners disagree with the height limitation placed on the commercial area of the planned development. The staff report in- cluded specific standards and requirements for each section of the planned development and that information was taken directly from the petitioners' zoning submittal. The minutes of the City Council meeting of January 15, 1985 indicate that the Council recommendation was based on the Planning and Zoning Commission recommendation, and the minutes of the Planning and Zoning Commission of December 12, 1984 indicate that the Commission recommendation was based on the staff recommendation and conditions. 's'he petitioners claim that the commercial area requirements should be consistent with the office area requirements because of a statement in their submittal that the land uses are cumulative in this planned development. However, no office area was recommended in the City )f Denton; therefore, no standards other than those outlined in this ordinance were considered by the Staff, the Commission or the Council. The Legal Department has been informed about this situation and has reviewed the recommendations and concluded that the height require- ments and standards in the ordinance are the requirements considered by the Council. According to the Legal Department, if an increase in the height requirement or variance of other standards that in- oreases the intensity of the commeroial area is requested, then the item must be resubmitted for public notification and hearing before the Planning and Zoning Commission and City Council. S City Connell ltei ort Format June 11, 1986 Page Two PRWRAXSP DEPARTMBNTS OR MUDS ABFBCTBD: No departments or programs are affected by the zoning at this time. FISCAL IMPACT: No impact on the general fund. Rea ctf yll witted '~l loyd Barr 1 Prepared by: City Manager C)0,b aii~ Cecile Carson Urban Planner Appro Jeff Meyer Director of Planning ane Development 1714g fI 3 II~I•i~ . :tY~ A F- nth C, 4 ~ a~ X1.9'3 r t N0. AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAMP WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF OHE CITY OF DEKTON, TEXAS, BY ORDINANCE 69-1, AS, AMENDED, AND AS SAID MAP APPLIES TO 74.8 ACRES OF LAND LOCATED ON THE WEST SIDE OF INTERSTATE 35-E, APPROXIMATELY 2,500 FEET SOUTH OF STATE SCHOOL ROAD, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR THE CREATION OF A NEW PLANNED DEVELOPMENT DISTRICT FOR TNg LAND DESCRIBED HEREIN, SAID LAND BEING PART OF THAT PLANNED 4'VELOPMENT DISTRICT CREATED BY ORDINANCE NO. 80.36; PROVIDING FOR A PENALTY IN A MAXIKUW AMOUNT OF $1000.00 FOR VIOLATION THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the Zoning Map of the City of Denton, Texas, adopted the 11th day of. January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas, under Ordinance No. 6q-1, as amended, and as said map applies to the real property described in gxhibit A, attached hereto and incorporated by reference, is hereby amended to provide for the creation of a new planned development district for the land herein described, said land previously being part of that planned development district created by Ordinance No. 80.36, so that hereafter the land described herein shall be governed and controlled by the provisions of this ordinance; the provisions of Ordinance No. 80-36 as they apply to the lmnd herein described being expressly repealed. SECTION II. That the site plan, attached hereto as Exhibit 8 and Incorporated herein by reference, is approved ps a preliminary site plan for the district. Any comprehensive Site plan required to be submitted herein shall not be inconsistent with the development concept site plan. Any amended concept plan submitted for approval shall show and include the whole district. SECTION 111. That the district herein approved shall be subject to the following conditions, restrictions, and limitations: 1. Prior to the beginning of any development or construction within the district, or of any parcel of land or phase thereof, or the issuance of any building permits therefore, a detailed coarrehenslvc site plan for the parcel of land for which development is proposed, whether one or more, shall be submitted for approval In accordance with the provisions of Appendix B-Zoning of the Code of Ordinances and the requirements of this ordinance. The comprehensive site plans required herein shall be submitted in the manner and form acceptable to the Department of Planning and Community Developa•nt and shall show or contain irformati0n as to all proposed land uses, development standards and regulations to be applicable therein, including, but not limited to, the location of all buildings and structures, streets, parking and loading areas, recreation, open spaces, and ¢qark areas, as or utilities and drainage facilities; the aaximp's #I ht of ai~ buildings and structures; the dimensions of building lots; the maximum lot coverages and building setbacks; all buffering and screening cress and devices; the locstitn, size, and types of detached signs mad the regulations to be applied to all signs; and such other information is may be required by the department. 2, Any comprehensive site plan required to be submitted herein for approval for any parcel of land as shown on Exhibit b s total hall be in substantial compliance with the acreage densit and definedn lndr uses dwellin requirements shown shown on Exhibits D-l an~ the U-4, said Exhibits being attached hereto and incorporated herein by reference. SECTION IV, That the proposed land uses for the district as provided for herein shall be considered perm.;ted uses, subject to approval of the required comprehensive site plans showing the design, location, and arrangement of the buildings, structures, lots, streets, parking and loading areas, open or common spaces, set- backs, buffering and screening devices, and all other development features required to be contained therein, as required by this ordinance. SECTION V. 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 regula- tions, conditions, and provisions herein containod, The Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1964, as an Appendix to the Code of Ordinances of the City of Denton, Texas 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 VI, That the City Council of the City of Denton, Texas, hereby finds that such change is In accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encovrging the most appropriate uses of land for the maximum benefit to the City of Denton, Texts, and Its citizens. SECTION VII, Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the requirements thereof, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding One Thousand Dollars ($1,000.00), Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any 9yich violations such person shall be punished within the limits above, SECTION VSII, That this ordinance shall beco►le effective fourteen (14) days from the date of its passage, and the City Secretary Is Z-170S/PAGE 2 . hereby directed to cause the cslticn of this ordinance to be published twice in the Denton ecord•Chronicle, the official • newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1986. CITY Of DENTON, TEXAS ATTEST: CHARLOTTE ALLER CITY SECRETARY CITY OF DENTON,*TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: {I I Z•170$/PAGE 3 ry eK •e . rMIDIT "A" • FIELD NOTES YricFT BEM a tract of land situated In the C, W. Walker Survey, SO- 9501 CliylofODentonhe0enton.Count ,RTexas,Sandebeingsmoret • particularly described as follows: BEGINNING at a point in the easterly line of Block 1 of Wimbleton Village, plisse T, an Addition to the City of Denton, Denton Count Texas said point being 77, bhe northerly line of Winston Drive, measured Along otheeayterlyhline of said Block 1, said point also being in the common city limits line between the City of Denton and the City of Corinth, a point for corner; THENCE S2802a'E Ind ep9pinuin along the a sterly line of Block 1 of $aidd Additon, 359 84 0 the beginning of a Curve to the left having a radius of 895.0014 a central angle of 17 S6139" and a chord bearing of S77136 ':0"E, a point for corner; THENCE in a southeasterly direction and along said curve, 2E0130' to the end of said curve, said point being the beginning of a second curve, said second curve being to the right having a radius of :562.211' and a central angle of 2008'43", a point for corner; THENCE in an easterly direction and along said curve, 95.93' to the end of *aid curve, a point for corner; the Left having a5radius of02672,21', a beginning of a ofu2a08'o Sthand a chord bearing of NSS030123"W, a point for corner; THENCE in a westerly direction and along said curve, 99,95' to the and of said curve, said point being the beginning of a Second curve, said second curve beinr, to the right having a radius. of '85.00' and a central angle of 3I057,401,a point for corner; THENCE in a westerly and northwesterly direction and along said curve, 43',89' to the end of said curve a point for corner; THEY-. N34037plop 302.90' to the beginning of a curve to the left having a radius of 960.00' and a central angle of 1011'45", a point for corner; 20, THENCE in a northwesterly direction and along said curve, 04 to the end of said curve, a point for corner; THENCE N41021'E, 739,29' to a point for corner; THENCE 1442051'E, 698.40' to a point In the southwesterly line of lnterstale Highway 35E (a 300 R/i5'), a point for corner; THENCE S47007'E with the southwesterly line of said Highway, 2178,42' to the beginning of a curve to the left having a radius of 5879,64' and a central angle of 3016', a point for corner; THENCE In a southeasterly direction with the R/1S line of iaiJ Highway 33E and along said curve, 335,'." to the end of said :urve, a point for corner; THENCE 5;0023'E and continuing along the southwesterly line of Interstate Highway 3SE, $00.52' to a point for corner; THENCE SSO033'E and continuing along the southwesterly line of said Highway, 91,30' to a point In the common city limits line between the Citv of Denton and the City of Corinth, same being in the southerly line of the G. It', Walker Survey, Abstract No, 1330, a point for corner; 4.1705 • h ' MISIT "A" (Continued) • PfFl,n NOTF< rra ontinued THENCE ,V84000.W w'th the common city limits line between the City of Denton and the City of Corinth, same being along the southerly line of the G. W. Walker Survey, Abstract No. 1 3an06d8..75' to the place of beginning and containing 70,:81 acres of l Tract 4 BEING a tract of Land situated in the 4,E.P A P,R.R. Co. Survey, Abstract No, 9$0, City of Denton, Denton County, Texas, and beingg more particularly described as follows; BEGINNING at a point in the northeasterly line of State School Road (a 60' R/W) , said ppoint beinj In the southwesterly line of Block 14 of Wimbleton Villa e, phase VI, an Addition to the City of Denton, Denton County, exas said point also being 1.10.06' from the southwesterly line of Winston Drive, measured along the R/W line of State School Road, a point for corner; THENCE X480300E with the boundary line of said Wimbleton Village, 1;6,90' to the beginning of a curve to the right having 11 a radius of 180,00' and a central angle of 65019Ill , a point for corner; THENCE in a northeasterly, easterly and southeasterly direction with the boundary line of said Addition and along said curve, 20S•21' to the end of said curve, a point for corner; THENCVEiSl6a600ge71PhasE VI,tt99.91 to°Chetbeginningroflancurve to the right having a radius of 180,00' and a central angle of 20°02'20", a point for corner; THENCE in a southeasterly direction with the boundary line of said Addition and along said curve, 62,95' to the end of said curve, a point for corner; THENCE, S4600SIE with the boundary line or said Wimbleton Village, Phase VI, 217,00' to the beginning of a curve to the '.-rt having a radius of 480.00' and a central anttle of a' point for corner; THENCE in a southeasterly direction with the boundary lint) of said curve, Addition curve, .174.51 to the limits lineebetweenlld the City of Denton and the City of Corinth, a point for corner; THENCE SS007'W with the said common city limits line, :3,39' to a point for corner; THENCE S830121W with the common city limits line between the City of Denton and the City of Corinth, same being aton. a northerly line of the Levi Young Survey, Abstract No, I451, 61'.:3' to a point in the northeasterly line of the aforementioned State School Road, a point for corner; THENCE NIS0321W with the R/W line of said State School Road, 124.82' to a ppoSnt for corner; THEXCE N39 53'W with the northeaster) line of said State School Road, 278,63' to the place of beginning and containing 1.351 acres of land. S•1705 f t r. Z-1705 i Apartments 14.3 As. IM r LA Commercial shopping `l 13.10 Ac. CLUSTE 1 HOMES {1 19.50 Ac. ~e/ 1.55 Ac. % SINGLE FAMILY Cluster Hoa~ea single Family "owes ow • ~ r rtmental c 16.0 Ac n.i AJQA1~ R~wr114 Yww.w• • .y EXHIBIT "C" USE ACRES DEN. NsrTY TOTAL UNITS Cluster 11,50 6 u/a 75 Single Family 4,55 4 u/a 18 Commercial 43,40 NA NA Multi Family 14,30 24 u/a 343 Z-1705 LXKIBIT "1i-Z" cLarrsu IIOM=s . a=rzNZ:zar: Single family detached units. 8=11=M=NTS i height R,~uirem, *ntS% Two (2) stories in height. Area tteauirements: F ron_._,_ t_ Y_ - Minimum twenty-five (25) feet. d Ya - Minimum five (3) feet. A side yard adjacent to a street shall. :got be less than ten (10) feet. ar Yard - Minimum ten (10) feet. Lot Area four thousand five hundred (4,500) square feet. Lot W_i_d, - Minimum fifty (50) feet. Lost D,e~ath - Minimum ninety (90) foot. Minimum Dwelling Sig* - The minimum floor area of any dwelling unit shall be one thousand two hundred fifty (1,250) square feet. Got Coverage - Maximum sixty (60) percent by buildings. Parking ?tequiroments: Minimum two (2) spaces per unit. Building Materials: All dwelling units shall be constructed of masonry, stucco, or of a glass building material of the kind usually used for outside wall construction, to the extent of at least seventy-five (7S) percent of the area of the outside walls. Res,, identia-mss.jjj; Dl~nsi_ty - Maximum 6.0 dwelling units per acre. Z-1705 EXHIBIT "D-2" asMare t~tr~x„ ausNSTSa~: Detached housing. REQUIRINUTSs Height Reetuirementsr Maximum two and one-half (2-1/2) stories in height. Area Require-Pontat front y4rd - Minimu k twenty-five (25) feet. d Yar - Minimum five (5) feet. A si4e yard adjacent to a street all not be less than fifteen (15) feet. Rrar_ Y,Lr4 - Minimum twenty (20) feet. Lot Urea - Minimum seven thousand seven hundred (7,700) square feet. ' Lot Width - Minimum seventy (70) feet, 2!o DUth - Minimum one hundred ten (110) feet, Minimum Dwa3lEna Qty. - The minimum floor area of any dwelling unit shall be one thousand five hundred (10500) square feet. Lot Coverage - Maximum forty-five (45) percent by buildings. Pa rkinc ,I_ uirei m_sn+ = A minimum of two (2) off-sLreet parking spaces shall be provided for each dwelling unit, Building Materialsi All dwelling units shall be constructed of masonry, stucco, or of a glass building material of the kited usually used for outside wall construction, to the extent of at least seventy-five (75) percent of the area of the outside walls. Residential Dense ys De,,-nsity - Maximum of 3.5 dwelling units per acre. Z-1705 I EXHIBIT "D-3" COMMERCIAL SHOPPING PERMITTED USES: All uses as permitted in the commercial and office zoning districts, except that the following uses shall not be permitted: "Amusement, commercial (outdoor) drag strip or commercial racing 'Asphalt or concrete batching plant (permanent) 'Brick kiln or tile plant 'Cemetery or mausoleum 'Dormitory, boarding or rooming house 'Dump or sanitary fill area 'Extraction and sale of Sand, caliche, stone, clay or gravel 'Fairgrounds or exhibit area 'Go-cart track 'Half-way house 'Hatchery (poultry) 'Hauling or storage company 'Heavy machinery sales and storage 'Home for taro of alcoholics, narcotic, or psychiatric patients 'Livestock auction 'Livestock feeding plant, pens or yards 'Mining or storage of mining wastes 'open salvage yard for rags, machinery, etc. 'Petroleum collecting or storage yard $Priv.ate utility shop or storage yard 'Rodeo grounds 'Sand, gravel or earth sales or storage EXHIBIT "D-311 (Continued) 'Stables, .boarding 'Stables; commercial rental °Stables, private club *Storage and sales of furniture or appliances (outside of a buildin3) *Theater (drive-in) *Tire retreading or recapping *Tool or trailer rental *Trailer camp or mobile home park °Trailer rental or sales *Used auto parts sales (inside of a building) REQUIREMENTS: tieightt _Requirements: Maximum of two and one-half (1-1/2) stories, Area keguireaents: Front Yard - Minimum twenty-five (2S) feet Side Yard - Minimum fifteen (1S) feet Rear Yard - No rear yard is required Landscaped O eon Space - Five (S;) percent of the total of area s a e maintained as landscaped open space. Lot Coverage,- Maximum fifty (SO%) percent by buildings. Floor Area Ratio: Maximum 1:1 Building Materials: The main building exteriors shall bu constructs o glass, stonm, brick, tiles, cement, concrete, or similar materials, or any combination thereof. ParkinjL_ Requirements: One (1) off-street parking space snail be provide =r each two hundred (200) square feat of floor space. Z-170S UIDIT "D-4" ►~~~rnico~co~Mrrso~s csilNrTloNt Multi-fi'mily. The struGtucos will range from two (2) units per building to sixteen (16) units per building. RsQOIReM6NTNt me ht e u rune s: Two and one-half (2-1/2) stories in height. Area Requirements: front Yard - Minimum twenty (20) feet. 8 e YAW - Minimum ten (10) feet. A building separation of fifteen (15) feet shall be obse reed between ettuctures. A side yard adjacent to a street shall not be less than fifteen (15) East. Rear Yard - Minimum twenty (20) feet. Lot Area - Minimum sixteen thousand (16,000) square feet, , Lot width - Minimum ninety (90) feet. Lot De.~nh - Minimum ninety (90) feet, Minimum bwell n Size - The minimum floor area of any dwelling unit shall be five hundred 1500) square feet for flats (single level units) and seven hundred fifty (750) square feet for studios (two level units). Lot Coverage - Maximum fifty (50) percent by buildings and paving. Parking ReguiraZents: A minimum two (2) parking spaces per dwelling unit. Building Materials: All dwelling units shall be constructed of masonry, stucco, or of a glass building material of the kind usually used for outside wall construction, to the ext@nL of at least seventy-five (75) percent of the area of the r;utsidA walls. Residential Density: De sitY W Maximum 24.0 dwelling units per Acre. Z-1705 1 ltee! v ~v r~ i r.♦ C E r.^, ry i t l E. MMt o! Jas►uary 1S, 1l+3 Page Piro 3. P*iic Nea=ings A, The Council held a public hearing on the petition of Myers Develo nt corporation reguestin on amendment of planned development PD-123 on an approximately A acre tract located on the west side of Interstate 35-8 approximately 2,3o0 feet south of State School Road, The currently approved planned development perwits the following uses: Motel and Restaurant Site, Office Sits, Rec7,06tion Area, Cultural Center, The proposed amendment includes the following land usest Cluster Homes - approximately 00 units on 13.2 acres with a density of 6 units per acre Single Family - approximately 21 units on 5.2 acres with a density of 4 units per acre commercial Shopping - approximately 44.5 acres Multi-Family approximately 360 units on 15 acres with a density of 24 units per acre Z-1705 The Mayor opened the public hearing. Mr. Curtis Holly spoke in favor of the petition stating that the development would be a joint venture. Mr. Myers of Myers Development Corporation had developed several country clubs in Texas. Mr. Holly then showed a slide presentation of various country clubs and golf courses which Mr. Myers had constructed. Mr. Craig Curry, with Nelson Corporation representing Mr. Myers, spoke in favor stating that this petition was a proposal to amend PD-12. The total project would cover 770 acres bordered by the IH-35 and Shady Shores interchange, State School Road and would tie into Robinson Road. Major points of access would be via the proposed realignment of Post Oak Drive, Lee Drive which was an existing road, the county road on the west and Lake Sharon Drivn. Mr. Curry then presented a large msp of the proposed development and pointed to the location of the proposed, golf course which ran through the entire development. A large area to the north of the development would be reserved for commercial shopping. Other land uses would include condominiums and cluster hoEising, apartments and 5 acres of single family dwellings. Council Member Stephens stated that the Council had received citizen input regarding other developments on the need to keep as e;tny trees as possible. Mr. Curry responded that the center line of the property would be cleared for the golf course and the developer's staff was hand selecting trees which would be left in place. Council Member Stephens asked if the developer could transplant those trees which had to be moved. Mr. Curry replied that discussion were being held on replanting of the trees. No one spoke in opposition, The Mayor closed the public hearing. Harry Persaud, Development Review Planner, reported that 16 reply forms had been mailed with 0 returned. Staff had looked at the entire Oakmont development during their evaluation, The dual jurisdiction between the citie3 of Denton and Corinth was a problem, The Denton Development Guide called for moderate intensity development along Loop 2981 however, high intensity uses were already in place. Traffic would pose a problem due to the proximity of the development to the Golden Triangle Mall, The traffic impact would be addressed at the time of platting. a _ a e .I'.. city of Denton City council Minutes ` Meeting of January 150 loss Page six Denise spiVey, Development Review planner, reported that staff had worked wit$ dyers Development Corporation, the City of Corinth and City of Denton engineers for several months and felt that a Suitable traffic plan had been attained, Persaud further reported that me golf course would account for 20% of the development and the Denton Development Guide did speak to the need to preserve natural green belt areas. Oakmont would provide a variety of housing types and the size of the development would allow for coordination of one total project as opposed to smaller parcel developments. Seventy three percent of the total project had already been approved by the City of Corinth, Whether the petition was approved or not by the Council, the development would have an impact on Denton. The Planning and toning Commission had recommended approval with 3 conditions, Stephens motion, Chew second to approve with the conditions attached by the Pia. Motion carried unanimously, . 4. Ordinances A. The council considered adoption of an ordinance , accepting competitive bids and providing for tiie award of contracts for the purchase of materials, equipment, supplies or servicest providing for the expenditure of funds therefore► and providing for an 'effective date. The following ordinance was presented: NO. 85-12 AN ORDINANCE ACCEPTING COMPETITIVE 8108 AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SSRVICESt PROVIDING FOR THE. EXPENDITURE OF FUNDS THEREFORE: AND PROVIDING FOR AN EFFECTIVE DATE. Chew motion, McAdams second to adopt the ordinance. 0on roll call vote, McAdams "aye,' Stephens 'aye," Alford "aye,' Riddlesperger "aye," Chew "aye," and Mayor Stewart "aye." Motion carried unanimously. a. The Council considered adoption of an ordinance 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 bidat and providing for an effective date, The following ordinance was presented: NO. 85-13 AN ORDINANCE PROVIDINQ 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 A3 EFFECTIVE DATE, Chew motion, McAdams second to adopt the ordinance, On roll call vote, McAdams "aye," Stephens "aye," Alford 'aye,' Riddlesperger "aye.' Chew "aye," and Mayor Stewart "aye., Motion carried unanimously. C. The Council considered adoption of an ordinance approving a change in zoning from the agricultural (A) district to the commercial (C) district on two tracts totalingq 18,8 acres located on the west side of Loop 288 approximately 2500 feet south of last McKinney Street (FM 426) x-160 ~I , ,t U t i UTY COUNCIL RE0,091 FORMAT tday 27, 1986 TO; MAYOR AND MEMBERS OF THE CITY COUNCIL FRO!1; LLOYD V, HARRELL, CITY MANAGER SUBJECT; Acceptance of Lar.:l for Park Purposes BECOMENDATIOR: Passage of ordinance to accept 16.0455 acres of land for the purpose of a park. Approximately 16 acres of land was donated by thc. Foxworth. $ IMAL Galbraith family to the Trust for Public Land for the eventual contribution to the Citv of Denton as a park. This land has been held by the Land Trust until the City secured a development grant from the State of '11axas using the land value as an inkind match for the grant. BACKGROUND: The nrojoct was started when the land was made available in December, 1984. An application for developmental funds wc.s submitted on Januarv 31, 101'15. A City Council resolution supporting authorizing the City to seek funding for this part: was adopted on Feb,,-uary 5, 1905. A resolution of support has also been adopted by the Parks and Recreation Advisory Board of t Ci v PROGRQN~S, AE1 ARTt1E T 0 ..URDU S AFFECTED ; The nark will be a neighborhood oriented park serving primatIly residences within a half mile radius. Also, it is adjacent to Woodro- {iilson Elementary School and will be available for their use. FISCAL IMPACT: Qevelonment of the site will be undertaken by a $71,000 grant from the State as a match for the value of the land. Additional State funds will be received by matching inkind labor and equipment use values of City employees and City equipment during construction. Total construction cost is estimated to be $160,000. RESP FULLY SUB ITT G/ LLOYD V. HAR ELL CITY MANAGER PREPARED BY. 17 M Iabert K. Ticknea TITLE Suoerintendent of Parks APp D AM TITLE 1431E NO. AN ORDINANCE ACCEPTING THE CONVEYANCE BY DEED FROM THE TRUST FOR PUBLIC LAND OF 14.0455 ACRES OF LAND LOCATED IN THE H. CARTER SURVEY, ABSTRACT NO, 281, CITY AND COUNTY OF DENTON, TEXAS{ AND PROVIDING FOR AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the deed from The Trust for Public Land, a California nonprofit corporation, a copy of which is attached hereto, be accepted by the City of Denton, Texas, conveying the above- mentioned property, legally described as set forth therein. SECTION 11. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1986, R- CITY OF DENTON, TEXAS ATTESTS CHINOTTE ALLEN, MY SSCRITM CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMI DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON* TEXAS BY. r I~ r SPECIAL WARRANTY DEEP THE STATE OF TEXAS} } KNON ALL MEN BY THESE PRESENTS: COUNTY OF DENTON ) That THE TRUST FOR PUBLIC LAA9, a California nonprofit corporation of the Countyy of San Francisco and State of California, as a gift for no consideration, has GRANTED AND CONVEYED, and by these presents does GRANT AND CONVEY unto the CITY OF DENTON, an incorporated city, of the County of oENTON and State of TEXAS, 811 of the following described real property in DENTON County, Texas, to-witl All that certain tract or parcel of lend situated in the II. Carter Survey, Abstract 281, City and County of Denton, Texas, heing a part of a (called) 153.86 acre treat described in a deed from roxworth-Galbraith Lumber Co. to Builder's Development Co. and recorded in Volume 503, Page 640, Deed Records of Denton County, and beinq more fully described as followst 6EG2NN2NG at the Southeast corner of Lot It Block C of AOWdale Addition, Saction One as shown by the plat recorded in Volume 30 Pege 26, plat 11e- cords of Denton CountynTNEWS N. 25 54' t, with the Bast boundary 44no) of Avondale Addition a distance of 785.44 foot to a steel pin at the Northeast cognac of Lot Op Slock C1 THENCE A. 74 20, Z. with the South boundary line of Avondale Addition, Section Threat a distance of 462.10 feet to a steel pint THENCE 41 141 E, with the South boundary line of said Addition a distance of 369.0 foot to a steel pint THENCE with a curve to the right having a central angle of 53° 461, a radius of 315.61 fast, a chord of N. 74° 07, E. 285,17 feet ante an arc distance of 296.11 feet to a steel pin, THENCE S. 79° 001 E. with the South boundary line of Section Three a distance of 186.80 feet to a steel pin at the Northwest corner of cot 240 61ogk D of Avondale Addition, Section Threat THENCE 8, 2 481 10" W. with the Nest boundary line of Lot 24 n distance of 204,22 feet to a steel pin on the South boundary line of Devonshire Daives TRO Cs N. 87 121 W. with the South boundary line of Devonshire Drive a dlstaaoe of 21,97 feet to a steel pin atthe Northweet corner of Lot lit elnk s of Avondale Addition, TIIENC11 S. 1 561 20" S,with the west boundary line of tat 0 a distance of 196.40 feet to a steel pin at the southwest corner of fat 17, on the North boundary lima of Lot 2, aleck t, of wnr.t(nohom woods Additions THENCE S. a7 471 W. with the North boundary line of Nottingham Woods Addition a distance of 161.97 feet to a steel pint THENCS S. 62 571 N. a distance of 421.12 feet to a steel pint THENCE a. $60 001 W. a distance of 233,35 foot to a ottel pint THENCE S. 50° 29' N. a distance of 249.09 feet to a steel pint 711ENCS a. S7° 53, N. a distance of 200.49 feet to a steel pint TREKS S. 25° 161 N. a distance of 110.45 feet to a steal pin on the North boundary line of Hanover Drivel THENCE N. 62 271 38" l4, with the North boundary line of Hanover, Drive a distance of 373.75 feet to the place of beginning and con- taining in all 16.0459 acroe of land. This conveyance is Subject to any and all restrictive covenants, reservations and easements thereon of record In the office of the County Clerk of Penton County, Texas, TO HAVE AND TO HOLD the sold premises, together with all and singular the rifts and privileges and appurtenances thereto in any manner belonging unto the said grant", its succesisorso heirs and Ash s foreverl and It floes hereby hind Its successors and assigns to WARRANT AND FOREVER DEFEND all and singular the said preteises unto the slid Pantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the saws or any part thereof. Wells EXECUTED this 4th day of April, A.D. 1966. THE TRU bill!" - • • • 8y e5ird•" f Titles Assistant Secretary State of California County of San Franclscoiss. On this 4th day of April, In the year 1986, before as Ellen P. Rosenbluth, the undersigned Notary Public, me lly appeared Nartin J. Rosen and Stephen proved - to w personaor E. Thompson, personally known to ( saeistaetoay esrieace) to be the person(s) who executed the within Instrument corporationtthand ereinsnamedtandcacknowledgedeto ltot hattthe half of the corporation executed it. nor~r►oeuc.oxae,r,n cm~ocowmau~~+a~sro My comissioo expires January 6, 1990 000 oa' hip" r+wl t~,hry 4hrnf4lrON Alta MWltlrf/J~i~/ ~,Ife Tail IrY~" ~ CITY or SCMOO~` • h,Hcr 1 R t S 0 L U T 1 0 N A RESOLUTION Or THE CITY COUNCIL Or THE CITY OF DENTON DESIGNATING CERTAIN CITY OFFICIALS AS BEING RLSPONSIDLE FOR, ACTING FOR, AND ON BEHALF Or THL CITY or DENTON LN DItALING WITH THE TEXAS PARRS AND WILDLIFE DEPARTMENT FOR THE PURPOSE OF PARTICIPATING IN THE LAND AND WATER CONSERVATION FUND ACT Or L965; CERTIFYING THAT THE CITY Or DENTON IS ELIGIBLE TO RECEIVE ASSISTANCE UNDER SUCH PROGRAM. WHEREAS, the United States Congress has passed the Land and Water Conservation Fund Act of 1965 (Public Law 88-578), auchorit- ing the Secretary of the Interior to provide financial assistance to states, and political subdivisions thereof, for outdoor recreation purposes; and WHEREAS, the Texas Legislature has adopted Article 6081r, V.A.C.S., for the purpose of allowing the State of Texas, and its political subdivisions, to participate in the federal program established under said Public Law 88.578, or such other programs as are hereinafter established by the Federal Government; and WHEREAS, the City of Denton is fully eligible to receive assistance under this Program; and WHEREAS, the City Council of the City of Denton is desirous of authorising its administrative staff to represent and act for the city in dealing with Texas Parks and Wildlife Departsent concerning this Program; NMI THEREFORE, BE is RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I: That the City Council of the City of Denton hereby certifies that the City of Denton is eligible to receive assistance under Public 88.578; as augmented by Article 6081r, V.A.C.S. SECTION II: That the City Council hereby authurLses and directs its City Manager to represent and act for the City of Denton in dealing with the Texas Parks and Wildlife Department for the purpose of PAGE 1 this Program. The City Manager is hereby officially designated as the City's representative in this regard, SECTION III: The City Council hereby designated its Director of finance as the official authorised to serve se the City's fiscal officer to receive Federal funds for purposes of this Program. SECTION IVI The City Council hereby specifically authorises the City officials herein designated to make application to the Texas Parks and Wildlife DepwAs nt concerning the tract of land known as Northeast Park in the City of Denton, INTRODUCED, READ AND PASSED by the affirmative vote of the City Council of the City of Denton, on this day of 1985, Nja 1 CI OP D N, TEXAS ATTEST: CHAKWTTL ALLEN CITY 5L CITY OF DENTOW,~TEXAS APPROVED AS TO LEGAL PORN: JOE D. MORRIS, ACTING CITY ATTORNEY CITY OP DENTON, TEXAS BY: ►1Iw+ PACE 2 ci r Resolution of support A RESOLUTION SUPPORTING, THE PARTICIPATION Of THE DENTOW PARRS AND RECREATION DEPAATMUM IN THE GRANT PROCEis roR rLgm ASSOCIATED MIT" THE LAND AND MATER CONSERVATION rM AND LOCAL PARK ruND As CONDUCTED lY THE STATE Of TEXM THROWN THE TEXAS pAAKS AND WILDLIFE DEPARTYSII'1', WHEREAS, the Parks and Recreation Department to responsible for the planning, organising, and operation of all City recreation programs and the construction and maintenance of all city owned open space, parks, and cemeteriesr and WHEREAS, we believe this grant application reflects sound s and the City of of Donthe tons and Recreattionr Department on the part WHEREAS, the land which will be secured will greatly impact the area of Denton where it will be locatedt and WHEREAS, we believe that funding this application would result in increased outdoor recreation opportunities for the citizens of Dentoni St IT RESOLVED THAT THE PARKS AND RECREATION ADVISORY DOW Or THE CITY Of DENTON, TEXAS, states its enthusiastic support for needed he Land Parks and and Recreation rConservattiion rFundsfor effort Local tPark and acquire belief Funds for desSred development at a new northeast park siteb s • amp • , a roan VAc • a one, x e r Ronnie Robortep QOOC G I i . ark Of ti0 oard !wee •r ro n rave no',B'o-ard member 71 '7!777747~ _7 i CITY of DENTON, TEXAS MUNICIPAL BUILDING DENTON, TEXAS 76201 TELEPHONE 8171 566.8200 CITY OF DENTON PARKS AND RECREATION BOARD MEETING WEDNESDAY, JANUARY 30, 1985 5:30 P.M. SENIOR CENTER MEMBERS PRESENT: Mike Campbell, Chairman Ronnie Roberts, Vice-Chairman John Traveile STAFF PRESENT: Steve Brinkman, Director, Parks and Recreation Joy Hesch, Senior Secretary I. MEETING CALLED TO ORDER The meeting was called to order by Mike Campbell, Chairman. II. APPROVAL OF MINU:'ES On a motion of Ronnie Roberts, second of John Travelle, the minutes of the meeting of December 12, 1984, were approved. III. OLD BUSINESS 1. Discussion of Mandatory Land Dedication Ordinance: Steve told the Board the proposed ordinance is still in the city Attorney's office for approval. When that approval is received, the ordinance will be taken before the City Council at its workshop meeting. Prior to the meeting with the City Council, the Board will have a special meeting to review the ordinance. IV. NEW BUSINESS 1. Discussion of Land Donation in Northeast Denton: Steve announced the donation by Foxworth-Galbraith Lumber Company of 16 acres in northeast Denton for a park site. The appraised value of $245400 is being used to apply for a grant from the State for development. PARKS AND RECREATION DEPARTMENT / 811.387.6146, 566.8270 Parks and Recreation Board Meeting January 30, 1985 Page - 2 Steve presented two resolutions for consideration by the Boards one for the City Council and one a resolution of support by the Parks Boards supporting the participation of the Department in the grant process for funds from the State of Texas for development of the proposed park site. Steve said the donation cannot be accepted until the process has been completed through the State. John Travelle moved and Ronnie Roberts seconded the motion to support both resolutions. The motion was passed by a unanimous vote. V. OTHER BUSINESS Steve reviewed the proposal for devel,o men*, , ns• • dt;T~bol /park and school/center sites. The Board agreed with the concept and encouraged the Department to proceed with developing the proposal through the necessary channels. Steve said the Department had received an opportunity to develop a lighted driving range at North Lakes Park with a minimum investment. The first year should generate enough revenue to pay for the development and in ensuing years should provide a good source of revenue for the Department. VI. ADJOURN On a motion by Ronnie Roberts, second of John Travelle, the meeting was adjourned. MINU0013 s. 1444E NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR-ONE-MAY TRAFFIC FROM SOUTH TO NORTH ON THE BAST FRONTAGE ROAD OF INTER- • ONE-WAY TRAFFIC M 3FROM NORTH TO SOUTH ON NB WEST HIGHWAY FRONTAGE ROAD FOR OF INTERSTATE BETW::BN HIGHWAY 380 AND P.M. MAXIMUM AMOUNT OF 00. 0 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSt SECTION I. That he e intersection with Highwaye340atooitsnIntersectionhwith3Highwayl77 is hereby restricted to one-way traffic from south to north. i SECTION II. That the west frontage road of Interstate Highway 3S from its Farm-to- Market 11173 Highway inter ne-iway with north to south. SECTION II1. That when signs are in place giving notice thereof, any per- son who shall violate the provisions of this ordinance shall be guilty of a misdemeanor punishable by a fine not exceeding Two Hundred Dollars ($200.00), SECTION IV. 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 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 , 1986. RAT STEPRENSO MAYOR CITY OF DENTON, TEXAS ATTEST., CITY OF DENTON, TEXAS APPROVBC AS TO LEGAL FORM: DEBRA ADANI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS 81 . T I1 I1~M MINUTES April 7, 1986 PRESENT: Gilbert Berstein, Chairman - Doris Chipman, Gene Gohike, Dan Martin, John Tompkins, Wayne Autrey, Virginia Gallian, Bruce Chamberlain ABSENT: Vivian'Edwards . The meeting was called to order by Gilbert Berstein at St30 p,m,, on Monday April 7, 1986, Wage Autrey made a motion to approve the minutes of March 3, 186 and Dan Martin seconded the motion, Motion passed unanimously, ITEM 02 CONSIDEK CKHATINNG O,NE-WAY SERVICE ROADS ON I-3S FROM Joe Thompson, 'traffic Foreman, presented viewgraphs showing the traffic flow, He reported in 1V83 there was 41 accidents, 1984 - 34 accidents and since the beginning of 1986,12 accidents. Gilbert Berstein asked if anyone was present to speak in favor or against the proposal. Hunter Warrell, residing at 2115 Greenway Drive, came forward to spook in opposition of the request. he said it was .3 stiles to 380 from sits home if changed it would be 1.8 miles longer, Mr. Warrell asked if a curb cut could be made at orge of the south streets, such as Greenway Drive, to get to 380, In that event he would have no objection, Pete Hale, owner of the Shell service station at Mesa and 380 came forward to speak in opposition. He said Mesa Drive was already overloaded, If the service road were made one way, it would direct more traffic up Mesa Drive. Eighteen wheelers often block Highway 38U and traffic flows up the service road, Dave Bligh came forward to speak in opposition of the request. He said if the lights were synchronixe4iit would solve the problem, Presently, he was only 3 blocks from the hospital if changed he would be 2-3 miles from it, Dan Martin asked how many residents lived in the area, Mr. Bligh said 40-50 houses, some townhouses plus a new development to the east, pa=e 2 of 4 pares Roy Metzler owner of Metzler's Grocery, at the corner of ISS and 380 said it would cost a lot of money to advertise a new route to the hospital. Being next to the Shell Station, his customers have to go out 30 feet to go up 3d0, If they hit a red light, it would be a long wait, Gravel trucks and eighteen wheelers, would cause a greater stack up, Roy Metzler said McKinney had a similar situation at 380 and 7S. 'I'hey have double stop signs, Gilbert Berstein said he believed those were one way service roads which now are signalized. John Miller, District Engineer, from Dallas District McKinneywayin eraartmnt ction c was forar, similar He sa135/380 intersection, The frontage roads in McKinney were two way for a long while. There was flashing lights but the difference was you stopped at both intersections. The distanco from the intersection in McKinney was further than 135/380. McKinney finally after a long period of time, decided to change the frontage roads to one way. At that time, the state started plans to signalize that intersection and a diamond intersection further south of 75. The change over caused no major problem. McKinney seemed to be nappy with the signalization. John Miller said the Highway Department wanted one way frontage roads for many years and it has been a policy of the district not to signalize a diamond intersection on road access as long as there are two way frontage roads going one direction out of the intersection and one way frontage roads going another direction which is the situation. He said, the Highway Department had told the laity of Denton a number of years ago as soon as that section of the frontage road was one way they would initiate actions to cause full signalization to go in at that location, It was his understanding the frontage road in that section would be going one way, The question was when, The City Council already passad the resolution stating the frontage road would change to one way, The latest date would be when the bridge was built over I3S in conjunction with the seconJ phase of Loop 288 construction which is estimated to be roughly 4 years off, That section of frontage road would have to change to one way. The intent was to try and change the frontage road before that time and to get fully actuated signals. Mr. Miller said inquiries had been received from the Governor's office concerning the intersection. Citizens of Denton had written the Governor's office in Austin complaining and asking why there wasn't signals at page 3 of 4 pages the intersection. The Highway Department had to do a history sumation on the intersection in response to the Governor's request. That was what brought.it up again about six months ago. It has been the Highway Department's intent that one way frontage roads are safer on any controlled access facility. Accident soatiiniprove that. Mr. Miller said they would like tLate plans for signalization at the intersection as soon as possible but couldn't do so until son& commitment from the City was made to change the frontage road to one way. Wayne Autrey asked if 135 was going to be widened and was the overpass at 380 going to be widened. If so, would that affect the signalization that was put in. Mr. Miller said at the time signalization was put in, they would look at future plans and try to put signalization in that could be reajusted or they would locate things so it wouldn't affect it later. John Tompkins asked how far north the loop over I35 would be. Mr. Miller said the bridge would be closer to 135 and 77 intersection. Gilbert Berstein asked the staff how the accident rate compared with other areas in the City. Joe Thompson said it was in the medium range. Dan Martin asked Mr. Miller why the State wouldn't go ahead and signalize the intersecton. Mr. Miller said the State wouldn't consider the additional money to signalize the intersection with two way front age roads knowing just a few years down the road it would be going to one way frontage roads. Mr. Miller said there was one other option, to ahead and make both sides all way stop at both intersections in an attempt to cut down accidents. This would cause stack up and delay. STAFF RECOMMENDED: Approval COMMISSIONERS: Gone Golke made a motion to accept the City Staff recommendation. Doris Chipman seconded the motion. A roll call vote was taken. Doris Chipman, yes - Gene Golke yes - Wayne Autrey, yes • Virginia Gallian, yes - Gilbert Berstein, yes - John Tompkins, no - Dan Martin, no Bruce Chamberlain, no. Motion passed to approve the change to one way service road. ITEM N3 CONCNSSI~DER RRAAFFIC STUDY TO ELIMINATE MCXINNEY AT TUC SIGN L This item was postponed due to the traffic study not coming in. Cl'1'1~ of Dffn No TEXAS MUNICIPAL BUILDING / 216 E. MoKINNEY ST, I DENTON, TEXAS 70201 MEMORANDUM DATE: April 7, 1986 TO: Citizens Traffic Safety Support Commission !FROM: Jerry Clark, City Engineer SUBJECT: Consider creating one-way service roads on 135 from Highway 380 to Highway 77 business route There has been a fairly high accident rate at Highway 380 at 135. The intersection is only partially controlled by flashing yellow and red beacons. These function well when proper degrees of courteous driving are used. During peak hours, the traffic loa6s the intersection now handles is great enough that stacking occurs. This reduces the drivers desire to act courteously and accidents result, Without the service roads being one way north of Highway 30.u, the intersection can't r.e signalized. A traffic signal can only handle one way tra.ff.~.c facing a signal beacon both legally and in practice. Other access now exists to the Greenway Club Estates area. Payne Drive has now been linked to Thunderbird creating a route to Highway 380 down Bonnie Brae. Those people nave adequate access now both for fire safety and comfortable driving distances without the two-way service roar'. Persons on the west side of 13S have access from Mesa Drive to all the side roads. Since Mesa has recently been resurfaced, it is a good quality access. In summary, to solve existing problems, (Highway 38U at 13S Intersection) while also planning for the future (widening of 135 to 6 lanes from Hickory Creek to Highway 77 Business - currently under study by District 18) the service roads should be changed to one way travel. The staff definitely recommends approval since the recent connection of Thunderbird to Westgate eliminates the remaining access problems, j ry 1 rk, P.E. C ty E neer 00387E 817/6064200 D/fW METRO 430.2820 W!"1~ 0/ O~LNTON DtMTOM, TtXA~ Ttl01 Karah 18, 1986 Dear Property Owners/Business Owners/Residents: R!: MAKING S[RVICR ROADS 0118-WAY 09 I-35 fROK HIGHWAY 380 TO HIGHWAY 77 BUSINKS9 The City of Denton is very Interested in making the service roads on I-35 work as one-way access from Highway 380 to Highway 77 Business Route. There are two major reasons for wanting to change from two-way to one-way operation. First, the intersection of I-35 with Highway 360 needs to be signalised. Until the service roads are one-way, the traffic signal cannot be installed since the signal heads have to face traffic. The traffic at the above intersection has greatly increased over the past two years as have the accidents. The State Department of Highways is interested in installing the signal if the service road problem can be solved. Second, the State Department of Highways has funded a study to look at expanding I-35 to six (6) lanes from Hickory Creek (at Lake Lewisville) north to Highway 77. For this classification of major highway, the service roads have to be one-way to allow proper signalisation for capacity at intersections. If the intersections do not have proper capacity, the entire road will function then at the lower level of service. Your input and attendance is requested for the Traffic Safety Commission meeting on Acril 7. 1986, at 5:30 flat. The Commission has specifically requested that all interested parties come and give their input through participation in the meeting. Sincerely, LC r,. r Je ry C rk City gngineer se 12594 Traffic Accidents I-35/Highway 380 Total - 163 100 90 80 00 70 66 'g 60 F4 50 0 41 40 34 30 x 22 20 10 0 1983 19Ai 1fl9! 1986 4 y~ ~ • .rte 1 nl `r~. Ire 4! i ' lot, N r' , moo" 44. 1" ' ' I w tai J + • fiI ~ I . • p 's RECEi.~3 1 1 a tgSd COMMISSION STATE DEPARTMENT OF HIGHWAYS ENGINEER.OIRECTOR RO/ERT C, LANIER, CHAMMAN AND PUBLIC TRANSPORTATION MARK 0. OOODE RASERT H, DEDMAN P. 0. Box 3067 JOHN R. SUTLER, JR. Dallas, Texas 75221-3067 February 6, 1986 IN REPLY REFER f0 FILE NO. Control 195-3 I.H. 35 Frontage Roads with U.S. 380 In The City of Denton Denton County Mr. Jerry r;lark, P.E. City Engineer City of Denton Municipal Building Denton, Texas 76201 Dear Mr. Clarke This office conducted a traffic study of the above intersections in December 1974. This study indicated that the installation of flashing beacons would be beneficial to motorists. The flashing beacons were funded and installed by the State and turned on July 17, 1975. A before and after accident study showed a total of 27 accidents in the year before July 17, 19751 and 16 accidents in the year after the flashing beacons, were installed. In September 1978, the City of Denton requested traffic studies at various locations including the above intersections. Our letter to the City dated October 3, 1978, stated that the intersection of I.H. 35 frontage roads with U.B. 380 would not be signalize) until the frontage roads north of U.S. 380 are converted to one-way operation. This conversion would require the passage of an ordinance by the City of Denton, The City responded that because of a subdivision located to the east of I.H. 35 and to the north of U.S, 380 that only had access to the east frontage road of I.H, 35, they did not wish to change the frontage roads to one-way operation in this area until another access to this subdivision was opened. Our letter to the City dated July 3, 1979, stated that we will be unable to signalize the interchange at this time, but will restudy the interchange when both frontage roads are one-way. t f Mr. Jerry Clark, P.R. February 6, 1986 Page 2 We have recently received new requests to signalize these intersections, and we have reason to believe that another access to this subdivision was opened in the past few weeks. Therefore, we request the CAty of Denton to pass an ordinance at this time changing the I.H. 35 frontage roads to one-way operation from U.S. 380 to the north intersection with U.S. 77 Business Route. When the ordinance is passed, the State will change the signs and pavement markings to / convert to one-way operation in this section. We would also, at that time, proceed with the planning and plan preparation to install full traffic actuated signals at these intersections by contract as soon as yossible. If we car, be of further assistance to you on this matter, please contact Mr. John H. Miller, Jr., District Traffic Engineer, at the above address or by telephone at 214/320-6236. Yours very truly, Robert, Ynding District En M , M Z ~ N l~ 1 - 380 EAST 38p WEST rr Y PROS .31 a r -60 ~ t a 1 I i mx~ 38n BAST 390 WEST -Now . 400 ..fo ~l ' x Y YVaST LNG AN ORDINANCE RESTRICTIN43 THE FRONTAGE ROADS OF I.H. 35 BETWEEN THE NORTHERN CITY LIMIT LINE AND U,S, 77 TO ONE•wAy VEHICULAR TRAFFIC, PROHrarTING TRAFFIC FROM SOUTH TO NORTH ON THE WESURN FRONTAGE ROAD AND FROM NORTH TO SOUTH ON EASTERN FRONTAGE ROADS PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($240.00); PROVIDING A SEVEWILITY CLAUSES AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the frontage roads of I.H. 35 between the northers, City limit Line and U.S. 77 are hereby restricted to one-way traffic, so that the western frontage road between the said limits be limited to traffic from north to south and the eastern frontage road between the said limits be limited to traffic from south to north. SECTION II. That the frontage roads of I.H. 35 between U.S. 77 and U.S. 380 will be restricted to one-way traffic upon completion of Loop 288. $ECTIOti z I. That when signs are in place giving notice thereof, an individual adjudged guilty of violating this ordinance shall be guilty of a misdemeanor and punished by a fine not to exceed Two Hundred Dollars ($200.00). 3£CT*ON IV. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or applicat;on thereof to any person or circumstance is held invalid by any court of competent ".:risdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of ~-hc City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTIQN V. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby dire^ted i:o cause the n^n*tzr .,e «}"4: ^f A+ 4TS•Pk+:-`. +'z..c,..? a a'~xl i; . , TF.'.: r - }v. %Y ~ ^iY?`; ' • 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. T~ PASSED AND APPROVED this the day of 1983. ~ r 1 WART, MAYOR CI OF DE ON, TEXAS ATTEST; -17 d CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, .EXAS BY: OFFXCE OF THE CITY ATTORNEY MEMORANDUM TO: Debra A. Drayovitch, City Attorney FROM., Joe D, Morris, Assistant City Attorney SUBJECT: Ordinance Accepting Drainage Basement Dedicated by Alt, Al-Khafaji. by Plat DATE: May 28, 1986 As you know Sunburst Development, Inc. is proposing to use the natural drainage channel extending from Dallas Drive to Duncan street to handle storm drainage from its apartment project at 1030 Dallas Drive, known as Sunburst Place II. In order to properly handle the increased water flow, the drainage channel will need to be improved. Although the drainage channel has existed for several years, the property covered by the channel has never been recorded as a public drainage easement, We are presently working with Sunburst to obtain the necessary easements. In 1984, Ali A1-Khafaji platted his property located near Duncan Street, which included a portion of the drainage channel in question. By plat, Mr. Al-Khafaji dedicated a fifty-foot drainage easement to the City. Since a dedication by plat is a mere offer to dedicate, the City must take some affirmative action in regard to the offer before the easement becomes a public easement. The action required to make the dedication affective may be either by entry and use or by formal acceptance. Since we presently have litigation pending with Mr. Al-Khafaji concerning required drain- age improvements on the platted tract, I believe it would be wise to formally accept, the offered dedication by ordinance before we enter the channel to awake the necessary improvements, The proposed ordinance accepting the drainage easement is attached. Respectfully submitted, w~ J7 D, MURK15 JDM:js Attachment 1 f , I NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ACCEPTING THE DEDICATION BY PLAT OF A DRAINAGE BASEMENT FROM ALI AL-KNAFAJI; AS MORE PARTICULARLY DESCRIBED HEREIN; AND PROVIDING FOR AN EFFECTIVE DATE. i THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SBCTiON I. That the Clty of Denton, Texas, hereby accepts that drains e i easement as dedicated to the public by the final plat of t9e AL-KHAFAJI ADDITION, LOT 1, BLOCK It City of Denton, Texas; said easement being situated in the S. C, Hiram Survey, Abstract No. i 616, Denton County, Texas, as shown in said final plat filed of record in Cabinet D, rage 316 of the plat records of Denton County, Texas, so that hereafter said easement shall be known as a public drainage easement to be hereafter used by the public for any purpose permitted by law, SECTION 11. I That this ordinance shall become effective immediately upon its passage and approval. +I PASSED AND APPROVED this the r day of , 1986. I RAY STEPHBNS~ MAYOR CITY OF DENTON, TEXAS ATTEST: i WILOTTE ALL CITY SECRENRY CITY OF DENTON,oTEXAS I APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY; . f i { R' R 6 S 0 L U T I 0 N WHEREAS, Zane Lemon has requested that Pembrooke and Lynhurst 111 Streets at the intersection of Pennsylvania and Longridge, public streets within the corporate limits of the City of Denton, Texas be temporarily closed to public vehicular traffic between the hours of 4:00 p.m. to 10:00 p.m, on July 126 1986, for the purpose of having a neighborhood block party; and WHEREAS, Zane Lemon has assured the city Council that all t residents in such block have agreed to the teuporary closing of i Pembrooke and Lynhurst Streets at the intersection of Pennsylvania and Longridge; and WHEREAS, Zane Lemon has further assured the City Council that no alcoholic beverages will be served at the above-mentioned block party; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; SECTION I. That Pembrooke and Lynhurst Streets at the Intersection of Pennsylvania and Longridgo, public streets In th:, corporate limits of the City of Denton, Texas, be temporarily closed to vehicular traffic from the hours of 4:00 p.m, to 10:00 p,m. on July 12, 1986, for the purpose of having a neighorhood block party. SECTION It That the City Manager shall direct the appropriate City Department to erect barricades at Pembrooke and Lynhurst Streets at the intersections of Pennsylvania and Longridge at 4:00 p.m. on July 12, 1986, and to have the same removed at 10:00 p.m, on said date. PASSED AND APPROVED this the day of June, 1986. t CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLENO CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: 4.14 4'2,w7~k r.'.,{ p ism e145SL R E S O L U T I O N WHEREAS, on a regular basis the Mayor is asked to approve • requests to install utility lines within the extraterritorial jurisdiction of the City of Denton; and WHEREAS, from time to time, the Mayor of the City of Denton is also requested to approve "Applications to Name Streets" within the extraterritorial jurisdiction of the City of Denton; and WHEREAS, the Mayor and City Council, having discussed these requests, have determined that these requests should be reviewed by the City staff prior to execution by the Mayor; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That the Mayor of the City of Denton is authorized to execute, on behalf of the City of Denton, approval for "Requests for Permission to Install Utility Lines" and "Applications to Name Roads in Denton County", upon the recommendation of the City Manager, who shall have his staff review said requests and applications prior to making his recommendation, SECTION II. That this resolution shall become effective immediately upon its passage and approval, PASSED AND APPROVED this the day of 1986. RAY STIPH05, MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE LLIN; CITY SECRETARY CITY OF DENTON* TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: 6A f ti a•t .7: 'fTL"y, 3';tsµtr .rte ED CITY Of DE#nVN, TJIXAS MUNICIPAL BUILDING / DENTON, TEXAS 10201 / TELEPHONE ($1?) 000.0307 ONIce of the Oty Mane0er M E M O R A N D U M TO: Lloyd Harrell, City Manager i'RUM: Rick Svehla, Assistant City Manager llATB: May 28, 1986 SUBJECT: Resolution for Greater Dallas Mobility Study Attached is a resolution indicating the support of Denton for the update to the Greater Dallas Mobility Study and the lobbying efforts that will be made at the State Legislature during the next session. 1 visited with Vic Boyer of the Dallas Chamber and he has assured us that the County Transportation flan as well as Denton's needs would be included in this lobbying effort. When you met last week with Bob Yielding, the District Engineer, you said he also indicated that the way to get more projects was to get approval and endorsement in regional kinds of efforts as well as our own. This lobbying effort by the 114etroplex Mayor's Committee will help us get our projects before the appropriate committees at the Legislature. This mobility update and lobbying effort will include a new transportation update by Huitt-Zollars, a noted traffic firm in Dallas. Included will be the latest regional transportation plans from COG. It will also include other studies that are in process such as the County Transportation Plan and our latest update from the Development Guide Review Committee if they are available. The Dallas Chamber has been successful in retaining Huitt-Zollar's at a very low cost ($50,000) for the entire study. This firm along with representatives from the Metroplex Mayor's Committee will be doing the lobbying at the State Legislature. The contributions for the mobility update are based on 1980 population and includes approximately 40 cities. Our cost would be $10335. We would suggest that the funding come from the existing capital improvements funds. If you or the Council has any further questions we would be happy to try and answer then at the meeting on June 3. c Assistant City Manager ji/2929M v 9'fi rte-'; r'1r -v-... .~-6. r+t tom'.,- rP, ~-rx +s w.ar,*i° + 1445E IIr I . R E S O L U T I O N WHEREAS, the Metroplex Mayors have created an executive committee on State Highway Finanncina, whose primary function will be to lobby for a greater share of state highway funding I for the Metroplex; and WHEREAS, as part of the lobhying effort, it is essential that the 1982 Greater Dallas Mobility Study be updated to f include DART, new thoroughfares, fr<eways and tollroads; and WHEREAS, the Executive Committee has recommended that the $50,000,00 cost of updating this Mobility Study be apportioned anions the participating cities on the basis of their 1980 populations; and WHEREAS, Dentonas resulting share of the cost of updating this important Study is estimated to be $1,335,00; NOW9 THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY Of DBNTON, TEXAS: SECTION I. That the City Council hereby expresses its support for the efforts of the Executive Committee on State Highway Financing. SECTION II. That the City of Denton hereby agrees to contribute its proportit~na1 share toward the cost of updating the Greater Dallas Mobility Study. SECTION III. That this Resolution shall take effect immediately from and after its passage and approval. PASSED AND APPROVED this the day of , 1986. I RAY STEPHENSj MAYOR CITY OF DENTON, TEXAS I ATTEST: 3 CRULOTTE ALLEN, CITY SECKITM CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMS DEBRA ADAMI DRAYOVIT~H, CITY ATTORNEY CITY OF DENTON* TEXAS BY: . APR 0 1986 r1 April 28, 1986 IrV~~fMS10,v -1 Ofifl~„ The Honorable A., Ray Stephens Mayor, City of Denton 215 E. McKinney Denton, Texas 76201 Dear Mayor Stephens: Thank you for your attendance (or your representative's attendance) at the April 24 meeting of the Metroplex Mayors Committee. We were extremely pleased with the turnout, as it indicates the high level of interest in the region for solving our transportation problems. 1 would also like to thank you for your city's support for our highway lahbying efforts, and its commitment to join with other cities to fund the mobility plan update. Your city's contribution should he forwarded to Vic Boyer, Manager, Community Affairs, The Dallas Chamber, 1507 Pacific Avenue, Dallas, Texas, 75201 by May 15. Checks should be made payable to "The Dallas Chamber - Transportation Funds" Again, thank you very much for your support. Please find attached: 1. Minutes of the April 25 meeting. 2. A list of funding amounts for each city. Best regards, U John Davis Worley Chairman Metroplex Mayors Committee on Highway Finance Attachments cc: City Manager JOW/VB/af 1507 Pacific Avenue 0 Dallas, Texas 75201-3481 0 (214) 954-1111 AprLl 24,. Mayors: Starke Taylor, Jr. Dallas Ray Stevins Denton Ernest Roberts Desoto Russ Kent Duncanville Randy Elliott Frisco Bill Tomlinson Garland Jerry Debo Grand Prairie Jim Ledbetter McKinney Brunhi2to Nystrom Mesquite Martha Ritter Richardson Bill Payne ROW1816t Larry Holden Sachse Don M. Houseman University Park D. G. O'Donnell Waxahachie City Representatives: Jack Hatchell Allen Mozelle Strain Balch Springs William Vaughn Balch Springs Don Penny Carrollton Bill Lindley Cedar Hill Paul Veltman Cockrell Hill Jim Raid Dallas Lloyd Harrell Denton Kerry Sweatt Desoto Robert Warren Frisco Mack Bouchard Frisco Wayne Kurfees Garland Bob Blodgett Grand Prairie Tony R. Tramel Grand Prairie Jerry Bevel Irving Sandy Cash Irving Charles Owens Lewisville Don Paschal Moi'inney Bob Buffington Plano Bob Hughey Richardson John Milford Rowlett Lloyd Henderson Sachse Robert Sanders Sunnyvale Robert Sukoll Waxahachie Other Attendees: Jack Worley Chairman Clarence Dougherty Collin County Dave Fox Dallas County Adlene Harrison DART Michael Morris NCTCOG John Richardson The Dallas Chamber Jim Richards Dallas City Council Frank Skipper Executive Committee Forrest Smith The Dallas Chamber Sid Stahl The Dallas Chamber Gordon Shunk NCTCOG Bob Yoilding SDHPT i Vic Hover pctsndin s Marilyn Ha1• Call to order and IntrodixgtoY~ sntq 1' to order and spoke mayor Starke Taylor called trio osed ihighway lobbying effort. about the importance of the pr p Discussion of the Mobility Pian U date discussed the history of the Dallas Area Tack Worley Financing and presented Executive Committee on State Highway and a proposed schedule its mission Statement (Attachment I) for financial contributions from mamber cities (Attachment II). 3. presentation of the Pro osed Work lan Larry Cothran of Huitt-Zollars discussed aaproposed planning and workplan for the mobility update effort. 4. Appraval of rundi naf•..-rth the Mobili~ y~t' Mayor Dabo of Gran e moved that the mayors committee: Grand Prairie t to th endorse the mot levels p for u date participating articipating and : cities,omml. provided proposed funding levels Dallas Chamber will collect the funds Maa Yyidrrebatep that Th sec any The t I unused positions back to the member cities. unanimously. seconded the motion. Notion carried 5. 5tr~ ate~g planning Effort John Richardson, Chairman of The Dallas Chamber transporta- tion strategic planning effort, discussed the various goals ortunities for this $200,000 project to be jointly and funded d by The Dallas Chamber, the City of Dallas, and DART. 6. Address b Re resentative David H. Cain Representative David H. Cain, Chairman - Texas House of Representatives Transportation mexistingdiscussed ofh to lobby highway to lobby aggressively Y to protect funding. 7, Adio~nt CITY 1980 POPULATION PnCLX'P CONTRIBUTION . AMOUNT NT Addison 61620 .37 $185 Allen 8424 .48 $240 Balch springs $390 14,122 ?8 Carrollton 40,673 2.25 $1,125 Cedar Hill 7,043 .39 $195 Coppell 3,839 .21 $105 Dallas 902,184 49.96 $24,980 Denton 48,218 2.67 $1,335 De Soto 160224 089 $445 Duncanville 27,811 1.54 $770 Farmers Branch 26,400 1.46 $730 Flower Mound 3,67; .20 $100 Forney 31065 .17 $85 Frisco 31410 .19 $95 Garland 139,237 7.7 $3,850 Glenn Heights 10438 108 $40 Grand Pra•,rie 71,026 3.93 $1,965 Grapevine 11,943 66 $330 Highland Park 8,917 .49 $245 Hutchins 21960 .16 $80 Irving 1090909 6108 $3,040 3,anoaster $410 14,807 82 Lewiaville 24,511 1.36 $680 McKinney 16,585 .92 $460 Pees ite Midlothian 67'348 3.73 3,846 .21 $1,865 $105 Murphy 1,119 .06 167 Parker 11196 .07 $67 Plano 72,901 4.04 $2,020 Richardson 72,692 4.03 $2,015 Rockwall 7,090 0.39 $195 Rowlett 7,885 0.44 $220 Sachse 1,719 1110 $50 Seagoville 3,921 .22 $110 Sunnyvale 1,342 ,07 $35 Ths Colany 12,017 .67 $335 University park 220258 1.23 $615 Waxahachie 14,584 .81 $405 Wilmer 21547 .14 $70 1,805,701 $50,070 ,j . ~r~ 4 }P r tY' ; S' . r i ,c l . ' ~ 1! i ~A sib l~Ey V y{^f(.!, iLLArt.♦ l>'1'7h 4 +J,.Y. ~~7 if :kldCd~~~~(•: ~.i F1lef4^+'a l ,T -D"-tea zi: 1 R ES JLU7. I~O0N WHEREAS. a majority of the Council will be out of the City of Denton on June 17, 1986, and it is necesss.ry that the Council meeting for such date be held on June 10, 1986; NOW, THEREFORE, BE IT ABSOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the regular Council meeting to be held on June 17, 1086 be held nn June 10, 1986. PASSED AND APPROVED this the 3rd day of June, 1986. f RAY STEPH, , KAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ,CITY EfARY CITY OF DENTON, TEXAS E APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY • Ii CITY OF DENTON, TEXAS `I BY: 1 W01 tow Cood of Ms C P. O. 0►IIwN COO Arlinptewi, TAM Te00B-681~~, APR28 FROM: Gary Bennett, President, NCTCOG DATE: April 25, 1986 TO. Selected County Judges and City Officials in North Central Texas SUBJECT: Recommendations for non-metro Regional Citi!on Representative to serve on NCTCOG's Executive Board for 1986-87 A Nominating Committee has been hard at work developing nominations for the elected positions for NCTCOG's 1986•-87 Executive Board. You were recently forwarded "a request for nominations" memo and form as part of that process. Additionally, the Committee has the responsibility of recommending two regional citizen representatives to the Board - one representing Dallas and Tarrant Counties, and one represerting the remaining 14 anon-metro counties. We are soliciting recommendations from selected local government officials for the non-metro regional citizen position. For your information, citizens who have filled this position during the last several years, Include - Ken Ure of Parker County, Herschel Winn of Johnson County, Jamie Vick Gibson of Parker County, Roy LeTourneau of Rockwall County, Ted Peters of Hunt County, and Herb Silverberg of Navarro County. Therefore, if you •nish to recommend a prospective citizen appointee from your county to serve on the 1986-87 Executive Board, please forward your suggestion to me to be considered by NCTCOG's Nominating Committee, A form is enclosed for your convenience. Any citizen is eligible to serve, however, the citizen representative recommended should be a person of vision with a broad and objective understanding of the problems, governments, and economics of the region. Care should be taken not to recommend citizens who would represent only local or special interests. t, Thank you for your cooperation In this Important undertaking. We will look Iforward to a recommendation from you, If you have a suggestlon, we would appreciate hearing from you as soon as possible. GB:cf r i e t Enc. C"*mm*A Tm of aft Flaps D" Dui 04 Waft "0 81 ?M01.&%0 r,R 7, 1 of £ r FROM: DATE: _r,_ ame to oca GoverW-ment Represented TO: Gary Bennett, President, NCTCOG - Chairman, Nominating Committee SUBJECT: Recommendation for NCTCOG non-metro Regional Citizen Representative to the 1986-87 Executive Board I would like to recommend: Name Business or Professional Xffillation I Mailing dress to be considered by the Nominating Committee for service on the NCTCOG 1986-87 Executive Board. Additional supporting comments: Signed: (Please attach other information pertinent to this nomination.)